This Chapter contains regulations and the procedures for development applications. Section 7.16.020 below contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the specific review and approval procedures of this Chapter, with Section references.

Table 7.16-1:
Development Review Procedures and Review Authority

*All Public Hearings require published notice, per 7.16.020(d)

R = Review/Recommendations; H = Public Hearing; D = Decision; A = Appeal; M = Mailed Notice

(Ord. 22-15, § 2(Exh. A); Ord. 21-09 §3; Ord. 18-19, §4; Ord. 17-05 §4; Ord. 2015-11 §2; Ord. 14-09 §2; Ord. 13-14 §2; Ord. 13-09 §2)

Regardless of the type of development review, all projects affecting or creating Community Housing units as defined in Section 3.14.020 - Definitions, are granted priority scheduling in accordance with the applicable Review Authority.

(Ord. No. 24-01, § 2(Exh. A))

The following procedures shall apply to all development applications which are reviewed under this Chapter.

(a)

Step 1: Pre-application Conference. A pre-application conference is required for all development applications unless waived by the Director. The pre-application conference serves to assist the applicant with (1) identifying information which must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues and (5) determining appropriate fees. The Director may include other Town representatives in the pre-application conference as deemed appropriate. The applicant shall provide sufficient information to the Director at least five (5) business days prior to a scheduled pre-application conference, unless such time frame is waived by the Director. Minimum information shall include applicant information, property description, description of the proposed development or nature of the development application and conceptual site plans or drawings which illustrate the nature of the development application. The Director may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre-application conference. The Director may provide a written letter after the pre-application conference summarizing application submittal requirements, review procedures, development standards, planning issues and required fees. The informal evaluation of the Director and staff provided at the pre-application conference are not binding upon the applicant or the Town. Critical issues relevant to a development application may not be apparent at the pre-application conference and may require additional review, submissions or studies later in the application process.

(b)

Step 2: Application Submittal.

(1)

Applicant. The owner of real property or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town.

(2)

Application Submittal Requirements. The applicant shall submit the application to the Director. Application submittal requirements for every application type shall be established by the Director on submittal forms available in the Administrative Manual from the Department of Community Development or on the Town's website. The Director may adopt standards and requirements for three-dimensional electronic and graphic information for application submittal requirements. The Director may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the Planning and Zoning Commission or Town Council from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include:

(i)

Completed application form;

(ii)

Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant;

(iii)

Title insurance commitment which has been updated within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions;

(iv)

Legal description of the property subject to the development application;

(v)

Development application review fees; and

(vi)

Survey no more than three (3) years old stamped by a surveyor licensed in the State of Colorado.

(3)

Required Studies and Reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant's sole expense. The Town may require independent peer review of any report or study provided by the applicant. The applicant and the Town may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the Director and set forth in the Administrative Manual.

(4)

Concurrent Review Permitted. Where multiple development applications concern the same property, the Director may permit concurrent review of the development applications for efficiency and practicality.

(5)

Multiple Applications. A single property shall not be permitted to have more than one (1) application of the same type being processed concurrently.

(6)

Fees. Fees shall be paid in accordance with Section 7.04.100, Fees.

(c)

Step 3: Application Processing.

(1)

Determination of Completeness. A development application shall be reviewed for completeness by the Director within ten (10) business days after receipt. If the application is determined to not be complete, then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the Town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the Director that the application is incomplete may be appealed to the Town Council in accordance with the procedures in Section 7.16.180, Appeal.

(2)

Referral to Other Agencies. Development applications may be referred to other agencies for review and comment. The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The Planning and Zoning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. Referral of development applications to other agencies shall provide a minimum time frame for review and comment of fourteen (14) days for development plans, variances, amendments to text of the Development Code and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, rezoning and 1041 permits; however, the time frame for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to:

(i)

Any utility, local improvement or service district or ditch company, when applicable;

(ii)

The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange or other facility;

(iii)

The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas and sand and gravel areas that would have a significant impact on the proposed use of the land; and

(iv)

Any other agency concerned with a matter or area of local interest that could be affected by the application.

(3)

Staff Review and Report. The Director shall review the application in accordance with the criteria established in this Chapter and shall prepare written findings of fact. If authorized as the decision-making authority, the Director shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the Director shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority.

(4)

Required Processing. Applicants shall be required to continuously and diligently pursue their development applications, which shall include responding in a timely manner to staff comments and requests. An applicant which fails to respond to staff comments or requests for a period of four (4) months shall be administratively withdrawn by the Director unless the Director determines that good cause exists to extend the application time frame and approves such extension in writing.

(d)

Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning and Zoning Commission and Town Council.

(1)

Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the Town at least eleven (11) days prior to the hearing date.

(2)

Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant's expense, including a reasonable allocation of labor expense. The Eagle County Assessor's records may be used to determine the addresses of real property owners. The Town shall include a certificate of mailing in the public record. Mailed notice shall be required for applications as noted in Table 7.16-1.

(3)

Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the Director's office during regular business hours for review or inspection by the public and a statement that written comments may be submitted to the Community Development Department. All required notices shall be approved by the Director prior to posting or distributing.

(4)

Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing and posting of notices as required by this Section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision-making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required.

(e)

Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, Town staff has completed Town staff review and referral agencies have had an opportunity to provide comments. The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Town Council may continue a public hearing on its own initiative for a maximum of sixty-five (65) days after the date of the initial public hearing without the consent of the applicant. The PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. The reviewing authority shall have thirty-five (35) days after the close of a public hearing to issue written findings in accordance with Paragraph 7.16.020(f)(3) and adopt a written final record of decision.

(f)

Step 6: Review and Decision. The following rules shall apply to review, recommendations and decisions conducted at public hearings:

(1)

Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications:

(i)

The development application is complete;

(ii)

The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;

(iii)

The development application complies with the goals and policies of the Avon Comprehensive Plan; and

(iv)

The demand for public services or infrastructure exceeding current capacity is mitigated by the development application.

(2)

Authority to Require Additional Studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific consequences or concerns for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation. The results of any study or analysis shall not dictate either approval or disapproval of the proposed project.

(3)

Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation.

(4)

Conditions. The reviewing authority may recommend approval or may approve a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety or welfare or where deemed necessary to protect adjacent property or public infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the Town and shall be executed by the applicant.

(5)

Final Decision. A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to the Town in accordance with Section 7.16.180, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The Town shall mail the written findings and notification of decision to the applicant within five (5) working days of the decision of the reviewing authority. The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code, and only a decision of the Town Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any right to legally challenge such decision.

(g)

Termination of Approval. All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request. The Director and the PZC may provide one (1) extension for a maximum of one (1) year. The Town Council may provide multiple extensions and may provide extensions greater than one (1) year.

(Ord. 21-09 §4; Ord. 18-19, §5; Ord. 13-14 §2; Ord. 13-09 §2; Ord. 11-04 §4; Ord. 10-14 §3)

This Section sets forth procedures for reviewing proposed amendments to the texts and maps of the Avon Comprehensive Plan. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy and to advance the general welfare of the Town.

(a)

Review Procedures. Applications to amend the Avon Comprehensive Plan shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications to amend the Comprehensive Plan may be initiated by the Town Council, any registered voter of the Town or any property owner in the Town.

(b)

Review Authority. The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the Avon Comprehensive Plan after conducting a public hearing. Amendments to the Avon Comprehensive Plan shall be approved by ordinance of the Town Council.

(c)

Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan:

(1)

The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical;

(2)

Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment;

(3)

Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment;

(4)

The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate;

(5)

Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan;

(6)

The proposed plan amendment will promote the purposes stated in this Development Code; and

(7)

The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan.

(Ord. 13-09 §2; Ord. 10-14 §3)

The Town Council may amend the text of the Development Code, including the adoption, modification or replacement of appendices to the Development Code, pursuant to this Section. The purpose of a code text amendment is to address changed conditions, unintended consequences or changes in public policy, to advance the general welfare of the Town.

(a)

Review Procedures. Applications to amend the text of the Development Code shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications to amend the text of the Development Code may be initiated by the Town Council, any property owner within the Town or any registered elector within the Town.

(b)

Review Authority. The PZC shall review applications to amend the text of the Development Code and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the text of the Development Code after conducting a public hearing. Amendments to the text of the Development Code shall be approved by ordinance of the Town Council.

(c)

Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code:

(1)

The text amendment promotes the health, safety and general welfare of the Avon community;

(2)

The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan;

(3)

The text amendment promotes or implements the purposes stated in this Development Code; or

(4)

The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions.

(Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3)

The boundaries of any zone district may be changed or the zone classification of any parcel of land may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy or that are necessary to advance the general welfare of the Town.

(a)

Review Procedures. Applications for a rezoning shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications for rezonings may be initiated by the Town Council or the property owner and may not be initiated by any other person.

(b)

Review Authority. The PZC shall review applications for rezonings and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application for rezonings after conducting a public hearing. Rezonings shall be approved by ordinance of the Town Council.

(c)

Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for rezonings:

(1)

Evidence of substantial compliance with the purpose of the Development Code;

(2)

Consistency with the Avon Comprehensive Plan;

(3)

Physical suitability of the land for the proposed development or subdivision;

(4)

Compatibility with surrounding land uses;

(5)

Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;

(6)

Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;

(7)

Whether the rezoning is consistent with the stated purpose of the proposed zoning district;

(8)

That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated;

(9)

That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;

(10)

For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and

(11)

Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.

(d)

Mitigation. Rezoning applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation may include providing dedications of land or cash-in-lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification.

(Ord. 13-14 §2; Ord. 10-14 §3)

(a)

Purpose. This Section is intended to allow flexible development patterns that are not specifically provided for in this Development Code. It is the purpose of this Section:

(1)

To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations and policies of the Town;

(2)

To promote development within the Town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension;

(3)

To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size and proximity;

(4)

To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures;

(5)

To provide for compatibility with the area surrounding the project site;

(6)

To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space;

(7)

To minimize adverse environmental impacts of development;

(8)

To improve the design, quality and character of new development; and

(9)

To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility.

(b)

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 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 Subsection 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)

Public 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.

(6)

Preservation 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.

(7)

Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects and to ensure compatibility between uses and the surrounding neighborhood.

(c)

Dimensional and Development Standards. The following dimensional and development standards shall apply to all PUDs.

(1)

Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district. If there is no underlying zone district, one shall be established prior to or concurrently with a PUD approval. The rezoning process set forth in Section 7.16.050 shall be used to establish the underlying zone district.

(2)

Permitted Uses. PUD uses shall be limited to those allowed either as permitted, accessory or special review uses in the underlying zone district.

(3)

Development Standards. Chapter 7.28, Development Standards, shall apply to PUD projects.

(d)

General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and 2) the final PUD. The final PUD can only be filed with the Town for review and processing after the preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights-of-way or access control, nor shall the filed PUD plan neither be the equivalent of nor substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are outlined below.

(1)

Coordination With Subdivision Review. It is the intent of this Development Code that subdivision review required under Section 7.16.070, Subdivisions, if applicable, be carried out concurrently with the review of PUD development plans under this Section. If subdivision approval is required for the subject property, the PUD plans required under this Section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals. If any provisions of this Section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the Town Council.

(e)

Procedures for Preliminary Planned Unit Development. The general procedures set forth in Section 7.16.020 shall apply to preliminary PUD applications. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Section shall apply to the application.

(1)

PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum:

(i)

A quantitative summary of existing conditions on the subject property;

(ii)

A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit and a list of temporary uses;

(iii)

Parking analysis based on proposed uses;

(iv)

Density of uses proposed;

(v)

Location of public and private open space;

(vi)

Location of existing and proposed buildings on the site;

(vii)

Road, street and pedestrian networks proposed;

(viii)

Drainage facilities;

(ix)

Existing or proposed utilities and public services;

(x)

If development is to be phased, a description of the phase components and timing;

(xi)

A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code or a statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and

(xii)

A statement specifying the public benefits to be contained in or associated with the PUD.

(2)

Notice. Where subdivision approval will be required to implement development in a proposed PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements.

(3)

Reviewing Authority. The PZC shall review a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a preliminary PUD application after conducting a public hearing. Unless otherwise approved by the Town Council, approval of a preliminary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan.

(4)

Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment:

(i)

The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments;

(ii)

The PUD rezoning will promote the public health, safety and general welfare;

(iii)

The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b);

(iv)

Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;

(v)

Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated;

(vi)

Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and

(vii)

Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract.

(5)

Submission Deadline for Final PUD Master Plan. Within six (6) months following approval of the preliminary PUD plan, the applicant shall initiate the second stage of the application process by filing with the Director a final PUD plan and subdivision plat if necessary, containing in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code. Upon written request by the applicant prior to the application lapsing, the Planning and Zoning Commission, for good cause, may extend the period for filing the final PUD plan for a period not to exceed six (6) months.

(f)

Procedures for Final Planned Unit Development Approval. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to final Planned Unit Development applications subject to the following exceptions and additions:

(1)

Pre-Application Conference. A pre-application conference shall be required, unless waived by the Director.

(2)

Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in Subparagraph b. below. In addition to the materials required in the administration manual, the final PUD master plan shall include the following:

(i)

Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density, and a pro rata allocation of common open space shall be made as each phase is developed.

(ii)

Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required.

(iii)

Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of vacation that may be a necessary part of the PUD rezoning is required.

(iv)

Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting development of construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same.

(3)

Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the location, siting and height of structures, streets, driveways and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this Subsection may cause any of the following:

(i)

A change in the use or character of the development;

(ii)

An increase by more than one percent (1%) in the overall coverage of structures;

(iii)

An increase in the density or intensity of use;

(iv)

An increase in the impacts on traffic circulation and public utilities;

(v)

A reduction of not more than one percent (1%) in approved common open space.

(4)

Reviewing Authority. The PZC shall review all final PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing.

(5)

Review Criteria. The PZC and the Town Council shall review the final PUD development plan and PUD rezoning according to the same approval criteria listed above for preliminary PUD development plans.

(g)

Recordation. The applicant shall record the approved final PUD, as approved, in the office of the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD is not recorded, the approval of the Town Council shall be deemed to have been withdrawn and the approval shall be null and void.

(h)

Amendments to a Final PUD. Unless a final PUD contains different amendment procedures, amendments to a final PUD are governed by this subsection. The PUD amendment process is dependent on the type of amendment.

(1)

PUD Amendment Categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure:

(i)

Administrative Amendment. A proposed PUD amendment is considered administratively if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD development plan as represented to the Town Council.

(ii)

Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director:

(A)

The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development.

(B)

The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD.

(C)

The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD.

(iii)

Lot Split Amendment to Wildridge PUD. A proposed PUD Amendment to the Wildridge PUD to permit a lot split of a duplex lot into two (2) lots is considered a Lot Split Wildridge PUD amendment if it meets the following criteria for decision and has been determined as such by the Director:

(A)

The proposed duplex lot split is located in the Wildridge PUD Subdivision on a vacant, undeveloped lot.

(B)

The proposed PUD amendment meets the criteria for a Minor Amendment in Section 7.16.060(h)(1)(ii).

(C)

The PUD amendment proposes to split one (1) lot permitting a residential duplex dwelling into two (2) lots permitting one (1) detached single-family-residential dwelling on each lot.

(iv)

Major Amendment. A PUD amendment that is not classified as an administrative amendment, minor amendment or Lot Split PUD amendment to Wildridge PUD is considered a major amendment.

(2)

Reviewing Authority.

(i)

Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Council pursuant to Section 7.16.180, Appeal.

(ii)

Minor Amendments. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to minor PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a minor PUD amendment application after conducting a public hearing.

(iii)

Lot Split Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision, through a resolution, on a Lot Split Amendments to Wildridge PUD amendment application after conducting a public hearing.

(iv)

Major Amendments. The general procedures set forth in Section 7.16.020 shall apply to major PUD amendment applications. All major PUD amendment applications shall be processed as preliminary PUD and final PUD applications.

(3)

Review Criteria. The PZC and Council shall review a PUD amendment according to the same approval criteria listed above for a preliminary PUD development plan.

(4)

Additional Review Criteria. The PZC shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a preliminary PUD development plan:

(i)

The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage;

(ii)

Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and when a shared driveway curb cut would reduce site disturbance;

(iii)

Areas not appropriate for development are designated on the PUD plan;

(iv)

The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing PUD designation; and,

(v)

The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to:

(A)

enhanced landscaping;

(B)

increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum ten (10) feet setback between properties);

(C)

designated building footprints;

(D)

building height restrictions; and,

(E)

designated architectural massing, including building square footage designation."

(i)

Lapse. Unless otherwise provided by the Town Council, development of an approved PUD shall commence within twelve (12) months from the approval of the final PUD plan. If development has not commenced within twelve (12) months, the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property back to its prior zoning classification or, in light of other conditions, to another zoning classification and revocation of all permits issued and action taken.

(j)

Revocation of a Final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this Section.

(1)

Initiation of Revocation Proceedings. Revocation of a PUD may occur if:

(i)

The landowner or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or in part;

(ii)

The project falls more than three (3) years behind the phasing plan or schedule filed with the final PUD;

(iii)

Construction and/or application for building permits have not commenced within one (1) year of approval of the final PUD by the Town Council; or

(iv)

The construction and provision of landscaping, buffers, open space and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components.

(2)

Public Notice Requirements. Prior to the Planning and Zoning Commission meeting and the Town Council meeting, notice shall be given in accordance with the provisions of Subsection 7.16.020(d).

(3)

Review Authorities.

(i)

Planning and Zoning Commission Public Hearing. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force or postpone the application. The Planning and Zoning Commission shall not recommend revocation of the final PUD to the Town Council unless the Planning and Zoning Commission makes the findings required for revocation. The Planning and Zoning Commission may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat.

(ii)

Town Council Public Hearing. The Town Council shall hold a public hearing and determine whether to revoke, postpone or keep the final PUD in force. The Town Council shall not revoke the final PUD unless it makes the findings required for revocation. The Town Council may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat.

(4)

Required Findings for Revocation. The Planning and Zoning Commission shall not recommend revocation and the Town Council shall not revoke any final PUD unless the following findings are made:

(i)

Revocation proceedings were initiated pursuant to this Section; and

(ii)

The property owners were notified no less than sixty (60) days prior to Planning and Zoning Commission action on the revocation; and

(iii)

Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the revocation pursuant to the provisions of Subsection 7.16.020(d); and

(iv)

The PUD is not compatible with the surrounding area; or

(v)

There is not a need for the uses in the area included within the PUD plan; or

(vi)

The PUD will have adverse impacts on future development of the area; or

(vii)

The traffic generated by the PUD plan will have adverse impacts on the neighborhood and the surrounding area; or

(viii)

The PUD will have adverse impacts on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands and open space; or

(ix)

The PUD will have adverse impacts on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems and street systems; or

(x)

The PUD will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public hearing; or

(xi)

The owner or applicant has not met all dates established in the PUD plan for the commencement of construction of the PUD or for a phase of the PUD plan; or

(xii)

The revocation is in conformance with the provisions contained in applicable sections of this Code, consistency with the adopted Comprehensive Plan for the Town and applicable specific plans and relevant Town policies.

(Ord. 2015-11 §3; Ord. 13-14 §2; Ord. 13-09 §2; Ord. 10-14 §3)

The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan.

(a)

Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums, apartments or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that:

(1)

Is created by a lien, mortgage, deed of trust or any other security instrument;

(2)

Is created by any interest in an investment entity;

(3)

Creates cemetery lots;

(4)

Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property;

(5)

Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common of such interest. For the purpose of this Paragraph, any interest in common owned in joint tenancy shall be considered a single interest;

(6)

Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate.

(b)

Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure:

(1)

Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements.

(2)

Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions.

(3)

Administrative Subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) units and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots. The Director shall have the authority to determine that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application or multiple applications presents issues which warrant review and approval by the Town Council. All administrative subdivisions are exempt from notice requirements outlined in Subsection 7.16.020(d).

(c)

Review Procedures. Applications for a subdivision shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. Applications for subdivision must be initiated by the owner of real property. The Director may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Development Code shall apply to the application.

(d)

Review Authority. The review authority for a subdivision application shall be determined by the subdivision category.

(1)

Major Subdivision. Major subdivisions shall be required to obtain approval for a preliminary plan and for a final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council.

(2)

Minor Subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Director shall review and render decisions on minor subdivisions. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal.

(3)

Administrative Subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat. The Director shall review and render decisions on administrative subdivisions. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal.

(e)

Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plan subdivision applications:

(1)

The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible;

(2)

The subdivision application shall comply with the purposes of this Development Code;

(3)

The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents;

(4)

The land shall be physically suitable for the proposed development or subdivision;

(5)

The proposed subdivision shall be compatible with surrounding land uses;

(6)

There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services;

(7)

The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan;

(8)

The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines;

(9)

The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area;

(10)

A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD;

(11)

Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision;

(12)

That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code;

(13)

Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations;

(14)

Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed;

(15)

The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town;

(16)

If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and

(17)

As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.

(f)

Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application:

(1)

The Town Engineer shall compare the legal description of the subject property with the County records to determine that:

(i)

The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size,

(ii)

The lots and parcels have descriptions that both close and contain the area indicated, and

(iii)

The plat is correct in accordance with surveying and platting standards of the State;

(2)

The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan;

(3)

The final plat conforms to all preliminary plan criteria;

(4)

The development will substantially comply with all sections of the Development Code;

(5)

The final plat complies with all applicable technical standards adopted by the Town; and

(6)

Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities.

(g)

Public Improvements Guarantee. Guarantees for public improvements shall comply with Subsection 7.32.100(c).

(h)

Revocation. An approval of a final plat is revoked pursuant to this Section.

(1)

Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Council. In the event that the plat is not recorded, the approval of the Town Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat.

(2)

Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Town Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Town Council.

(3)

Extension. Extensions of the time limit for project completion may be obtained from the Council for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted.

(Ord. 13-09 §2; Ord. 10-14 §3)

(a)

Purpose. The general purpose of the development plan review process is to ensure compliance with the development and design standards of the Development Code prior to the issuance of a building permit or concurrent with other required permits and to encourage quality development reflective of the goals and objectives of the Avon Comprehensive Plan. Specific purposes of development plan review include, but are not limited to the following:

(1)

To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms;

(2)

To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structures and that there shall be conformance to the Comprehensive Plan of the Town;

(3)

To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and

(4)

To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites.

(b)

Applicability. A development plan shall be required for all new development and any modification to an existing development or development plan.

(c)

Development Plan Categories. Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure:

(1)

Major Development Plan. Major development plans include all new building construction over six hundred (600) square feet;

(2)

Minor Development Plan. Minor development plans include the following:

(i)

All new building construction six hundred (600) square feet or less;

(ii)

Modifications to Dumpster locations;

(iii)

Screen wall modifications;

(iv)

Landscape modifications, including but not limited to removal of existing vegetation and addition of new vegetation;

(v)

Deck modifications, including but not limited to additions, new construction and materials or color modifications;

(vi)

Mechanical equipment modifications;

(vii)

Modifications to the exterior of an existing building, including but not limited to windows, doors, minor architectural details, colors and materials;

(viii)

Modifications to approved development plans which result in a ten-percent or less increase to lot coverage; ten-percent or less increase to building height; ten-percent or less increase to the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project;

(ix)

Modifications to approved development plans which do not change the character of the approved design; and

(x)

Other similar changes to a structure or property that do not significantly impact the site layout or design of a building.

(d)

Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. Specific additions and modifications to the general review procedures are identified below.

(e)

Notice and Hearing. 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 Subsection 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 7.16.180, Appeal. The Director shall not conduct a public hearing for administrative review and decision on development plan applications.

(f)

Review Authority. The review authority for a development plan application shall be determined by the subdivision category.

(1)

Major Development Plan. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan, unless the application is located within the Town Core. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. If an application is located within the Town Core, the Director shall review and provide a recommendation to the PZC. The PZC shall review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan within the Town Core.

(2)

Minor Development Plan. The Director shall review and render decisions on all minor development plan and minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director may refer to the PZC any plan application that the Director determines warrants review by the PZC.

(g)

Review Criteria. The following review criteria shall be considered as the basis for a decision on development plan applications:

(1)

Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes;

(2)

Reserved;

(3)

The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents;

(4)

Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable;

(5)

Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards;

(6)

That the development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and

(7)

The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole.

(h)

Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h).

(i)

Revocation. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building or structure or use that is not in accord with the approved documents or any approved modifications thereto. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use or other element of approved design review documents shall be eliminated, altered or provided in another manner unless an amended site plan is approved. Any deviation from the approved development plan as approved shall be grounds for revocation of the development plan approval.

(Ord. 21-09 §5; Ord. 18-19, §6; Ord. 14-09 §3; Ord. 13-09 §2; Ord. 10-14 §3)

Editor's note— Ord. 21-09 §6, adopted August 10, 2021, repealed § 7.16.090, which pertained to design review and derived from Ord. 14-09 §4; Ord. 13-09 §2; Ord. 10-14 §3.

(a)

Purpose. This Section provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large. Special review uses that may be allowed in each zone district are listed in Table 7.24-1, Allowed Uses.

(b)

Applicability. A Special Review Use (SRU) permit is required for any use allowed by special review as outlined in Table 7.24-1, Allowed Uses.

(c)

Review Procedures. Applications for a special review use shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for special review use may be initiated by the owner of property for which a special review use is desired.

(d)

Review Authority. The PZC shall review and render a decision on an application for a special review use after conducting a public hearing. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal.

(e)

Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a special review use:

(1)

The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations;

(2)

The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in the Development Code;

(3)

The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics;

(4)

Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

(5)

Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and

(6)

Adequate assurances of continuing maintenance have been provided.

(f)

Duration and Expiration. Special review use approvals shall expire pursuant to this Section. The PZC may approve a SRU permit in perpetuity, but may assign a shorter time as deemed necessary. At least thirty (30) days prior to the expiration, the holder of the special review use approval may apply for a review hearing before the PZC. The PZC shall review the use against the criteria in Subsection (e) above to determine whether the special review use will be allowed to continue.

(1)

Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or within two (2) years of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit.

(2)

If an approved use ceases operation for any reason for a period of one (1) year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Director shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the Town.

(3)

If conditions of approval are not maintained, it shall be considered a violation of this Code and subject to revocation proceedings.

(Ord. 11-10 §2; Ord. 10-14 §3)

In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. It is not the intent of this Section to allow variances in the classification of uses of property.

(a)

Review Procedures. Applications for a variance shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for variance may be initiated by the owner of property for which a variance is desired.

(b)

Review Authority. The PZC shall review and render a decision on an application for a variance after conducting a public hearing. The decision of the PZC may be appealed to Town Council pursuant to Section 7.16.180, Appeal.

(c)

Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a variance:

(1)

The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege;

(2)

The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety;

(3)

Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance.

(d)

Required Findings. The PZC shall make the following written findings before granting a variance:

(1)

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district;

(2)

That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

(3)

That the variance is warranted for one (1) or more of the following reasons:

(i)

The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code;

(ii)

There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or

(iii)

The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district;

(e)

Conditions. A variance granted by the PZC may contain limitations as to time or disposition or use of the tract in question in order to ensure that the stated purpose of the variance request is realized.

(f)

Action Notice. The Director shall notify the applicant for a variance in writing of the PZC's action within five (5) days after a decision has been rendered.

(g)

Expiration. The variance approval expires if a building permit is not obtained within one (1) year of the approval.

(Ord. 10-14 §3)

Alternative equivalent compliance is a procedure that allows development to meet the intent of the design-related provisions of this Chapter through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. Alternative compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.

(a)

Applicability. A request for alternative equivalent compliance shall be made concurrently with a site-specific application for a procedure identified in this Chapter. The alternative equivalent compliance procedure shall be available only for the following sections of this Development Code:

(1)

Section 7.20.100, Employee Housing Mitigation;

(2)

Section 7.28.040, Mobility and Connectivity;

(3)

Section 7.28.050, Landscaping;

(4)

Section 7.28.060, Screening;

(5)

Section 7.28.070, Retaining Walls;

(6)

Section 7.28.080, Fences;

(7)

Section 7.28.090, Design Standards; and

(8)

Section 7.32.040, Paved Trail Design.

(b)

Review Procedures. Applications for alternative equivalent compliance shall be processed concurrently with the underlying development application for which alternative equivalent compliance with the applicable design standards is desired and shall follow the procedures for such underlying development application. Applications for alternative equivalent compliance may be initiated by the owner of property for which alternative equivalent compliance is desired.

(c)

Review Authority. The review authority shall be the review authority as set forth for the underlying development application. The PZC shall review all alternative equivalent compliance applications that have a concurrent minor development plan application.

(d)

Review Criteria. The review authority shall use the following review criteria as the basis for a decision on an application for alternative equivalent compliance:

(1)

The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;

(2)

The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard;

(3)

The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and

(4)

The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title.

(e)

Conditions. The reviewing authority may recommend or impose conditions on an approval for alternative equivalent compliance provided that such conditions are related to ensuring the performance of the alternative equivalent compliance to meet or exceed the subject standard. Such conditions may include performance guarantees, required timeframes or the ability to revoke an approval for alternative equivalent compliance.

(f)

Effect of Approval. Alternative equivalent compliance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.

(Ord. 10-14 §3)

The purpose of this Section is to provide procedures and standards for the vacation of rights-of-way in the Town. The procedures and authority set forth in Section 43-2-301, et seq., C.R.S., shall apply unless in conflict with any specific provision set forth in this Section. The vacation of public easements are also considered rights-of-way in this Section.

(a)

Definitions Incorporated. The definitions set forth in Section 43-2-301, C.R.S., are incorporated in this Section.

(b)

Review Procedures. Applications for the vacation of a right-of-way shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for vacation of a right-of-way may be initiated by the Town Council or by a property owner abutting the right-of-way proposed for vacation. Applications to move or alter a right-of-way shall be processed as a subdivision application concurrently with a right-of-way vacation application, in which case the ordinance approving the vacation of a right-of-way or portion thereof shall also approve a final plat which results in the dedication of the moved or altered right-of-way or portion thereof. Public easement vacations can be processed as part of a major or minor subdivision application.

(c)

Review Authority. The Town Council shall review and render the final decision on an application to vacate a right-of-way after conducting a public hearing. Vacation of a right-of-way shall be approved by ordinance of the Town Council.

(d)

Review Criteria. The Town Council shall use the following review criteria as the basis for a decision on an application to vacate a right-of-way:

(1)

No right-of-way shall be vacated so as to leave any land adjoining the vacated right-of-way without an established public road or private-access easement connecting said land with another established public road;

(2)

The right-of-way is determined to be platted on terrain which is not practical for the construction of a right-of-way due to terrain, topography, natural features or other constraints and the right-of-way does not provide any other potential benefit to the public, including but not limited to utility connections, pedestrian or recreation connections, drainage or public landscaping;

(3)

Sufficient easements for utilities, access or other purposes are retained;

(4)

Compensation may be required for the area of vacated right-of-way based upon the fair market value per square foot of the area vacated and the applied zoning; and

(5)

The vacated area of right-of-way shall be included in the same zone district as the abutting property to which the vacated right-of-way vests.

(e)

Recording, Deed. The ordinance vacating a right-of-way shall be recorded in the office of the Eagle County Clerk and Recorder. The ordinance shall authorize the Mayor or other designee to execute a quit claim deed on behalf of the Town of Avon, which quit claim deed shall reference any exceptions, easements or reservations of the vacation and shall be recorded in the office of the Eagle County Clerk and Recorder.

(Ord. 10-14 §3)

The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.

(a)

As used in this Section, unless the context otherwise requires:

(1)

Community planning document means the Avon Comprehensive Plan, any other planning documents adopted by the Town through a public hearing process and any planning document adopted by other governmental and quasi-governmental entities that provide public services or facilities to the Town or which include the Town within their service or planning boundaries.

(2)

Site specific development plan means a planned unit development plan or any amendment thereto, approved pursuant to Section 7.16.060, Planned Unit Developments, together with a development agreement approved pursuant to Section 7.16.140 hereof. A site specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Town Council upon request by a property owner; however, such request shall not result in an application for a development approval other than a planned unit development plan to be treated as a site specific development plan for the purposes of Section 24-68-102.5(1), C.R.S.

(3)

Vested property right means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development plan.

(b)

Vested Property Right Created.

(1)

A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Chapter.

(2)

A vested property right shall only be created if approved by ordinance which may be combined with an ordinance approving a site specific development plan and an accompanying development agreement. Amendments to any site specific development plan shall be subject to this Chapter and shall have a new vested property right as determined by the Town Council. Any approval of a site specific development plan or amendment to an existing site specific development plan that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, Town Council may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Town Council under this Chapter.

(3)

The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town, including but not limited to the regulations contained in Title 15 of this Code, regulations concerning subdivision improvements and right-of-way dedications and regulations establishing requirements and specifications for any public infrastructure or public facility improvements. Ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the Town shall not be deemed to alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of a property with vested property rights regardless of the financial impact of such ordinance or regulation.

(4)

The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are general in nature, uniform in character and applicable to all properties or a similarly situated class of properties.

(c)

Notice and Hearing. No site specific development plan shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d).

(d)

Notice of Approval.

(1)

Each map, plat, site plan or other document constituting a site specific development plan shall contain the following language:

(i)

Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended and Title 7, Chapter 16 of this Municipal Code, as amended.

(2)

The failure of the document constituting a site specific development plan to contain the language specified in Subparagraph (d)(1)(i) above shall invalidate and void the creation of the vested property right. A notice stating that a vested property right has been created shall be published once by the Town in a newspaper of general circulation in the Town not more than fourteen (14) days after final adoption of the ordinance approving the site specific development plan. The notice shall include the following information:

(i)

A statement advising the public of the site specific development plan approval, including the name of the project, the type and intensity of the use approved and the specific property or development parcels affected;

(ii)

A statement that a vested property right has been created in accordance with Article 68 of Title 24, C.R.S., and Title 7, Chapter 16 of this Municipal Code, including the duration of the vested property right; and

(iii)

A statement that the citizen's rights of referendum shall run from the date of publication.

(e)

Duration of Vested Right.

(1)

A property right vested pursuant to this Chapter after June 1, 2006, shall remain vested for a period of three (3) years. The Town Council may approve a period of vested property rights exceeding three (3) years by approval of a development agreement, which shall be part of the site specific development plan.

(2)

The guidelines in this Paragraph 7.16.140(e)(2) shall be considered when determining whether to grant vested property rights for a period greater than three (3) years, provided that site specific development plans that are granted vested property rights for a period greater than three (3) years because of the size, phasing or absorption rate of such site specific development plan should have separate vesting created for the various phases of the development, as set forth in Paragraph 7.16.140(e)(4). It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three (3) years.

(i)

The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period;

(ii)

Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles;

(iii)

Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects;

(iv)

Compliance with the Avon Comprehensive Plan and other community planning documents;

(v)

Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development;

(vi)

Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities;

(vii)

The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs;

(viii)

The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights;

(ix)

Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and

(x)

Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years.

(3)

The Town may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the Avon community.

(4)

Any site specific development plan for a multiple-phase development approved after June 1, 2006, may have separate vesting created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the Town Council. Such review shall include but not be limited to whether the landowner, developer, successors or assigns are in compliance with its obligations to the Town, including but not limited to the terms and conditions of a site specific development plan, a development agreement and any other agreements between the landowner, developer, successor and assigns and the Town, as they may have been amended from time to time.

(f)

Extension of Vested Property Rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least six (6) months prior to the expiration of the vested property rights. No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(e)(2) shall be considered when determining whether to grant an extension to a vested property right. An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in Paragraph 7.16.140(d)(1) above shall apply to any approval for extension of vested property rights.

(g)

Forfeiture of Vested Property Rights.

(1)

Failure to abide by the terms and conditions of a vested property right will result in a forfeiture of the vested property rights in accordance with the procedures set forth herein.

(2)

The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the Town Council stating the grounds therefor.

(3)

No vested property right shall be deemed forfeited until after providing notice and conducting a public hearing. Notice shall be provided by publishing notice in a newspaper of general circulation, posting notice in the designated official places of posting and mailing notice to the property owner sent to the address of record according to the County Assessor's records via first-class United States mail at least thirty (30) days prior to the date of a hearing. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owner.

(4)

At the hearing, the Town Council shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a vested property right. The Town Council may continue the public hearing to allow additional evidence to be gathered and presented.

(5)

If the Town Council finds a failure to abide by the terms and conditions of the vested property right, the Town Council may take action by ordinance to declare the vested property rights forfeited. The forfeiture of a vested property right shall have no effect upon public streets, alleys, rights-of-way or other lands or easements previously dedicated or conveyed to the Town or other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use and general regulations in effect at the time of forfeiture and as such may be amended from time to time thereafter.

(Ord. 10-14 §3)

This Section implements and sets forth procedures for the regulation of the location, character and extent of public facilities as provided by Section 31-23-209, C.R.S., Legal Status of Official Plan, as amended. It is the intent of this Section to conform to the provisions of Section 31-23-209, C.R.S., to define the factors to be considered in the "Location, Character and Extent" process and to prescribe procedures for the orderly consideration of location, character and extent applications in order to effectuate the purposes of the state statute.

(a)

Applicability. No road, park, public way, ground or space, no public building or structure and no major facility of a public utility shall be constructed or authorized, and no building permit for the same shall be issued, in the Town unless and until the proposed location, character and extent thereof has been submitted to and approved by the Town. Routine extensions of public utility lines and minor modifications to existing facilities shall not be subject to this procedure.

(b)

Review Procedures. Applications for location, character and extent shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having jurisdiction over the public facility. Applications for location, character and extent may be combined with other application procedures and submittal requirements, including but not limited to development plan, and subdivision. The failure of the PZC and Council to act within sixty (60) days from and after the date of official submission of a complete application to the Town shall be deemed approval of such application.

(c)

Review Authority. The PZC shall review applications for location, character and extent after conducting a public hearing. The PZC may approve, approve with conditions or deny an application for location, character and extent. In case of disapproval or approval with conditions which are not acceptable to the applicant, the PZC shall communicate its reasons to the Council. The Council shall review such decision of the PZC as soon as practical after conducting a public hearing and shall have the power to overrule or modify such decision by a majority vote. The public hearing by Council shall only require posted notice three (3) days prior to the hearing. If the public way, ground space, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the PZC shall be by the governmental body having jurisdiction. The decision by the Council to disapprove or approve with conditions which are not acceptable to the governmental body having jurisdiction may be overruled by said governmental body by a vote of not less than two-thirds (?) of its membership.

(d)

Review Criteria. The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent:

(1)

Evidence of substantial compliance with the purpose of this Development Code;

(2)

Consistency with the Avon Comprehensive Plan;

(3)

Physical suitability of the land for the public way, place, structure, facility or utility;

(4)

Compatibility with surrounding land uses; and

(5)

Adequate mitigation of adverse impact on nearby properties or neighborhoods, including but not limited to traffic, noise, odors, vibrations and property values.

(Ord. 21-09 §7; Ord. 13-14 §2; Ord. 10-14 §3)

The purpose of the sign plan review process is to ensure compliance with the sign design standards and provisions of this Development Code. It is designed to encourage quality signs reflective of the goals, policies and objectives of the Comprehensive Plan.

(a)

Applicability. A sign plan shall be required for all new signs and any modification to an existing sign or comprehensive sign program.

(b)

Sign Plan Categories. Categories of sign plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure:

(1)

Master Sign Program.

i.

Major sign plans include all new master sign programs, and modifications to master sign programs that substantially change the location, size, or other critical elements of allowed signs on the property.

ii.

Minor Sign Program Plans include modifications to a master sign program that do not substantially change the location, size, or other critical elements of allowed signs on the property, as determined by the director.

(2)

Minor sign plans include the following:

i.

New tenant signs.

ii.

Residential entrance signs and wall signs.

iii.

All other sign types requiring administrative review.

(c)

Review Procedures. The general review procedures described in Section 7.16.020, General procedures and requirements, shall apply to development plan applications. Specific additions and modifications to the general review procedures are identified below.

(d)

Notice and Hearing. PZC shall review and render a decision or recommendation on the development plan application after conducting a public hearing. Notice of the public hearing shall be published and posted in accordance with Subsection 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 7.16.180, Appeal. The Director shall not conduct a public hearing for administrative review and decision on development plan applications.

(e)

Review Authority. The review authority for a development plan application shall be determined by the category.

(1)

Major Master Sign Plan. The Director shall review and provide a recommendation to the PZC on all major master sign plan applications. The PZC shall render the final decision on a major sign plan. The decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.180, Appeal.

(2)

Minor Sign Plan. The Director shall review and render decisions on all minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. The Director may refer to the PZC any sign plan application that the Director determines warrants review by the PZC.

(f)

Review Criteria. The following review criteria shall be considered as the basis for a decision on sign plan applications:

1.

Evidence of substantial compliance with the purpose of the Sign Code as specified in Section 7.32(A) Sign Code Purposes;

2.

The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located;

3.

The nature of adjacent and neighboring improvements;

4.

The quality of the materials to be utilized in any proposed improvement;

5.

The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property;

6.

The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired;

7.

Whether the type, height, size and/or quantity of signs generally complies with the sign code or sign program, and are appropriate for the project;

8.

Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation.

(g)

Expiration. A sign plan approval expires pursuant to Subsection 7.16.020(h).

(h)

Revocation. Approved sign plan documents shall be binding upon the applicants and their successors and assigns. No sign production shall take place that is not in accord with the approved documents or any approved modifications thereto. No other element of approved sign review documents shall be eliminated, altered or provided in another manner unless an amended sign plan is approved. Any deviation from the approved sign plan as approved shall be grounds for revocation of the sign plan approval.

(Ord. 18-19, §9)

Cross reference— Sign Code, ch. 7.34

Development bonus means the approval of development project which differs from the minimum or maximum zoning as a means to provide an incentive for a development project that provides one (1) or more desired public benefits described in this Section.

Development bonus type means the type of public benefit proposed by the development project that corresponds to one (1) of the listed types in section (d) below.

(a)

Purpose. The purpose of this section is to provide a discretionary process to facilitate creative projects that would otherwise not be permitted by codified zoning and development standards. Development bonuses may be awarded for proposed development projects in all zone districts in accordance with this Section.

(b)

Applicability, Development bonuses will be considered when the Applicant has demonstrated substantiated community benefits that would not otherwise be achieved through the strict or literal compliance with the zoning and development standards outlined in Section 7.16.170(f).

(c)

Review Procedures. Applications for development bonus shall follow the general review procedures set forth in Section 7.16.020, An application for a development bonus shall be submitted concurrently with the principal application for development of the property and shall follow the notice and hearing requirements of the underlying development application. A public hearing and recommendation by PZC, followed by a public hearing by Town Council is required before the Town Council acts on an application for a development bonus. A development bonus shall be granted if the Town Council determines and makes specific findings that the public benefit provided is sufficient to support the development bonus and will be effective and binding on the Town only if the terms and conditions are contained in a development agreement which contains provisions that the development bonus is conditioned upon the performance and completion by the property owner of defined public benefits offered for the development bonus.

(d)

Development Bonus Types. A development bonus will only be considered for the public benefits in the categories defined in this sub-section (d). Multiple development bonuses may be awarded by the Town Council and may be applied cumulatively to a project or property. Development bonus proposals may Include one (1) or more of the following types:

(1)

Community Housing. Provision of Community Housing in excess of Employee Housing Mitigation standards required by Section 7.20.100.

(2)

Economic Stimulus. Projects demonstrating a substantiated economic benefit to the Town, that may not otherwise be achieved through the strict and literal Interpretation of development standards. Examples of economic stimulus include hotel developments that significantly increases the Town's tax base, developments with retail and commercial activation components that front public rights-of-way, and redevelopment of underutilized buildings or portions thereof.

(3)

Public/Civic Space Enhancements. A development bonus may be awarded for public enhancements such as parks, plazas, play areas, and other enhancements to public pedestrian areas, public parking, civic spaces, and transit facilities. On-site pedestrian enhancements and civic spaces shall be open to the public. Off-site pedestrian enhancements shall be no further than two thousand five hundred (2,500) feet from the property boundary of the development. Ongoing maintenance of public/civic improvements and other details are to be defined in a development agreement.

(e)

Review Criteria. The following criteria shall apply for the reviewing body when evaluating development bonus proposals:

(1)

Impacts do not outweigh benefits. External impacts of requested development bonuses on the public, adjacent property owners, or the Avon community do not outweigh the public benefits.

(2)

Mitigation of impacts. If impacts are presented by the requested development bonus, they shall be mitigated by the Applicant to the extent practicable. Town may require an analysis and may require mitigation of the impacts on all public facilities, infrastructure, and services which serve the property, including but not limited to public infrastructure, streets, additional water rights required to serve the development, fire protection, ambulance services, transit, parks, and recreation. Conditions to granting a development bonus may be necessary to ensure harmony with the community.

(3)

Location and design. The location and design of any contribution towards public parking, transit, pedestrian enhancement, streetscape improvement, or civic facilities shall take into consideration functionality, current and projected demand, and long-term maintenance and operation costs, and shall include such legal documents as are deemed necessary and acceptable to the Town,

(f)

Zoning and Development Standards. Reasonable development bonuses may be approved for the following zoning and development standards:

(1)

Parking. The minimum parking requirements may be reduced.

(2)

Building Height. The maximum building height may be exceeded.

(3)

Landscape Area. The minimum landscape area may be reduced.

(4)

Density. The maximum density maybe exceeded.

(5)

Setback, The minimum setbacks may be reduced.

(6)

Lot Coverage. The maximum lot coverage may be exceeded.

(Ord. 22-15, § 2(Exh. A))

Editor's note— Ord. 22-15, § 2(Exh. A), adopted September 27, 2022, renumbered the former § 7.16.170, as § 7.16.180 and enacted a new § 7.16.170 as set out herein. The former § 7.16.170 pertained to appeal and derived from Ord. 18-19, §§7, 8; Ord. 13-14 §2; Ord. 10-14 §3.

This Section sets forth the procedures to appeal a decision of the Director or the PZC which is made pursuant to this Development Code. Only a final decision of the Director or the PZC may be appealed. Recommendations to a decision making authority are not subject to appeal.

(a)

Appeal Procedures. An appeal may be submitted by an applicant for a development approval or by a Town Council member. The appellant must provide a written request for appeal of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the date of the decision. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter time frame and a different notification method.

(b)

Review Authority. The Town Council shall review appeals of decisions of the Director or PZC after conducting a public hearing. The Town Council shall render the final decision on an appeal.

(c)

Review Criteria. The Town Council shall use the applicable review criteria to the decision that is appealed. The Town Council shall review decisions de novo.

(d)

Town Council Decision Final. A decision of the Town Council is final. An aggrieved person may appeal a decision of the Council to the District Court or to another state or federal court of competent jurisdiction.

(e)

Decision. The Town Council shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Town Council that results in action modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the modification or reversal. Action of the Town Council shall become final immediately.

(Ord. 22-15, § 2(Exh. A); Ord. 18-19, §§7, 8; Ord. 13-14 §2; Ord. 10-14 §3)

Editor's note— Ord. 22-15, § 2(Exh. A), adopted September 27, 2022, renumbered § 7.16.170, which pertains to appeal, to § 7.16.180 as herein set out.