TC Packet 08-08-2017 Updated item 6.2TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 8, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
Page 1 of 3
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)
1.CALL TO ORDER & ROLL CALL
2.APPROVAL OF AGENDA
3.MEETING PROCEDURES FOR THE MEETING OF AUGUST 8, 2017
ACTION ITEMS
•PRESENTATION OF ITEM
•PUBLIC COMMENT – THREE (3) MINUTE
LIMIT ALLOWED TO EACH PERSON
WISHING TO SPEAK, UNLESS MAJORITY OF
COUNCIL AGREES TO A LONGER TIME
•COUNCIL DISCUSSION
•MOTION
•COUNCIL DISCUSSION
•VOTE
WORK SESSION AND PRESENTATIONS
•PRESENTATION OF ITEM
•COUNCIL DISCUSSION
•PUBLIC COMMENT – THREE (3) MINUTE
LIMIT ALLOWED TO EACH PERSON
WISHING TO SPEAK, UNLESS MAJORITY OF
COUNCIL AGREES TO A LONGER TIME
•COUNCIL DIRECTION
4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA*
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO
A LONGER TIME (15 MINUTES)
5.EAGLE VALLEY LAND TRUST COMMUNICATION MEETING
(EXECUTIVE DIRECTOR JIM DAUS & EVLT BOARD) (45 MINUTES)
6.ACTION ITEM
6.1. ACTION ON EAGLE COUNTY SCHOOLS’ REQUEST FOR $60,675.50 FOR PARKING LOT REPAIRS FROM THE
CAPITAL PROJECTS FUND CONTINGENCY (EAGLE COUNTY SCHOOL’S COO SANDRA MUTCHLER) (10 MINUTES)
6.2. PUBLIC HEARING ON AN APPEAL OF PERMIT RBP #15012 – 5705 WILDRIDGE ROAD EAST
(ELIZABETH PIERCE-DURANCE) (40 MINUTES)
6.3. PUBLIC HEARING ON FILE #REZ17001, A REZONING APPLICATION TO APPLY THE SHORT TERM RENTAL
OVERLAY (STRO) DISTRICT TO 510 NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER)
(30 MINUTES)
6.4. ACTION ON NOTICE OF AWARD RECOMMENDATIONS FOR 2017 STREET IMPROVEMENTS
(TOWN ENGINEER JUSTIN HILDRETH) (15 MINUTES)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 8, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
Page 2 of 3
6.5. CONSENT AGENDA (5 MINUTES)
6.5.1. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR THE
EAGLEVAIL TRAIL EXTENSION PROJECT (MAYOR JENNIE FANCHER)
6.5.2. APPROVAL OF MINUTES FROM JULY 25, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
7. WORK SESSION
7.1. PROPOSED AMENDMENTS TO THE TOWN’S LANDSCAPE CODE (PLANNING DIRECTOR MATT PIELSTICKER)
(40 MINUTES)
8. WRITTEN REPORTS
9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES)
10. ADJOURNMENT
_________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all
Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are
encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate
materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item
or work session item, and may permit public comment for any other agenda item, and may limit such public comment
to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present.
Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 8, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
Page 3 of 3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY
EVENT NAME: MAJOR LEAGUE TRIATHLON
EVENT DATE: AUGUST 26, 2017; 12:00 P.M. UNTIL 8:30 P.M.
LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK
EVENT MANAGER: CHAR GONSENICA
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. MINUTES FROM JULY 25, 2017
6. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members
present were Sarah Smith Hymes, Scott Prince, Jake Wolf and Amy Phillips. Megan Burch and Matt
Gennett are absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy
Chief Coby Cosper, Recreation Director John Curuchet, Executive Assistant to the Town Manager
Preston Neill and Secretary Debbie Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments were made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
Start time: 01:02 Part One
4.1. Applicant Name: Suicide Prevention Coalition of Eagle Valley – Speak Up Reach Out
Event Name: Avon LIVE! Summer Concert
Event Date: August 16, 2017; 2:00 p.m. until 11:00 p.m.
Location: Performance Pavilion/Nottingham Park
Event Manager: Erin Elizabeth Ivie
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Alex Ballesteros, who was present to answer questions and talk about
the event. Chairwoman Fancher opened the public hearing and no comments were made.
Board member Prince moved to approve the special event permit on for Suicide Prevention Coalition of
Eagle Valley – Speak Up Reach Out Avon LIVE! Concert on August 16, 2017. Board member Phillips
seconded the motion and it passed unanimously by those present. Board members Burch and Board
member Gennett were absent.
4.2. Applicant Name: Bright Future Foundation of Eagle County
Event Name: Avon LIVE! Summer Concert
Event Date: August 30, 2017; 2:00 p.m. until 11:00 p.m.
Location: Performance Pavilion/Nottingham Park
Event Manager: Casey Angel
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Alex Ballesteros, who was present to answer questions and talk about
the event. Chairwoman Fancher opened the public hearing and no comments were made.
Board member Phillips moved to approve the special event permit application for the Bright Future
Foundation of Eagle County Avon LIVE! Concert on August 30, 2017. Vice Chairwoman Smith Hymes
seconded the motion and it passed unanimously by those present. Board Burch Prince and Board
member Gennett were absent.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
4.3. Applicant Name: Town of Avon
Event Name: Tenth Mountain Storytellers
Event Dates: August 18, 2017; 5:00 p.m. until 10:00 p.m.
August 19, 2017; 12:00 p.m. until 10:00 p.m.
Location: Performance Pavilion/Nottingham Park
Event Manager: Casey Willis
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Virginia Egger, who was present to answer questions and talk about
the event. Chairwoman Fancher opened the public hearing and no comments were made.
Board member Phillips asked if portions of the park would be closed during the event. Virgina Egger
responded the pavilion will be closed and the beach will not be closed.
Vice Chairwoman Smith Hymes moved to approve the special event permit application for the Town of
Avon Tenth Mountain Storytellers event on August 18 & 19, 2017. Board member Phillips seconded the
motion and it passed unanimously by those present. Board member Burch and Board member Gennett
were absent.
5. REPORT OF CHANGE – TAVERN CONVERSION
Start time: 00:50 Part One
5.1. Applicant: Nova Entertainment, LLC d/b/a Loaded Joe’s
Location: 82. E. Beaver Creek BLVD.
Type: Tavern Conversion to Hotel and Restaurant
Manager: Kent Beidel
The application was presented with no concerns.
Board member Prince moved to approve the report of change for Nova Entertainment, LLC d/b/a Loaded
Joe’s. Board member Phillips seconded the motion and it passed unanimously by those present. Board
member Burch and Board member Gennett were absent.
6. MINUTES FROM JULY 11, 2017
Start time: 07:48 Part One
Vice Chairwoman Smith Hymes moved to approve the minutes from July 11, 2017, Liquor Authority
meeting. Board member Phillips seconded the motion and it passed with a vote of 4. Board members
Burch and Board member Gennett were absent. Board member Prince abstained from the vote due to
his absence.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
7. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the
liquor meeting. The time was 5:11 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Secretary
APPROVED:
Jennie Fancher ______________________________________
Sarah Smith Hymes ______________________________________
Jake Wolf ______________________________________
Megan Burch ______________________________________
Matt Gennett ______________________________________
Scott Prince ______________________________________
Amy Phillips ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: August 8, 2017
Agenda Topic: Eagle Valley Land Trust Communication Meeting
Please welcome members of the Eagle Valley Land Trust (EVLT) Board of Directors and Executive
Director Jim Daus to Tuesday’s meeting. The gathering will begin with a presentation by EVLT on
land trusts/conservation easements, followed by questions and answers.
Please find attached a listing of the EVLT Directors and staff.
J:\PFTP\Admin\Board and Staff Contact Sheet
Officers
Andie Bombard (Dave)
President
PO Box 2185 Edwards, CO 81632
Cell: 415-309-3582 Home: 970-926-0260 adriana.sulak@gmail.com
T.J. Voboril (Lauren) Vice President 1000 Homestead Drive, Unit 2, Edwards, CO 81632 Work: 970-306-6456
Fax: 970-236-1246 Cell: 970-471-1041 tj@rkvlaw.com
Andy Larson (Lindsey)
Treasurer
194 Eagle Road, 2A, Avon, CO 81620
PO Box 7401, Avon, CO 81620
Work: 402-884-0066 ext 130 Cell: 402-658-8057
alarson@cfosystemsllc.com
Tina Nielsen (Andy)
Secretary 3095 3rd Street, Boulder, CO 80304 1448B Vail Valley Drive, Vail, CO 81657 Cell: (303)-641-6604
tnielsen@bouldercounty.org
Directors Emeritus
Dr. Tom Steinberg President Emeritus
1022 Eagles Nest Circle Vail, CO 81657
Home: 970-476-5427
Fax: 970-476-7999
Tom Edwards (Margaret)
PO Box 889
Gypsum, CO 81637 Home: 970-524-9703
Cell: 970-390-8537
tuckerblackbear@gmail.com
Dan Godec (Sue)
PO Box 292
Edwards, CO 81632
Cell: 970-390-6630
dan.godec@yahoo.com
Asst. Kristin Cecil
kcecil@grnstarfinancial.com
Directors
Dr. Steve Conlin 4864 Sweetwater Road Gypsum, CO 81637 Cell: 970-948-3666 Work: 970-328-5444 seconlin@centurytel.net Larry Agneberg (Sandi) 511 E. Lionshead Circle
Vail, CO 81657 Work: 970-476-2485 Ex 16
Home: 970-926-8650
Cell: 970-376-7100 larry@Come2Vail.com
Stan Cope (Mary Ellen) 200 Vail Road, Vail, CO 81657 Work: 970-476-9530
Cell: 970-390-4473
stan@lodgetower.com
Kip Gates (Leslie) PO Box 80
Burns, CO 80426 Home: 970-653-4306
Cell: 970-390-3504
kipelk@colorado.net
Hatsie Hinmon (Sandy) 407 Meadow Road Edwards, CO 81632 Cell: 970-331-9610 hatsiehinmon@hotmail.com
Bob Holmes (Judy)
Robert Holmes Law LLC
991 Mt. Rose Way
Golden, CO 80401
Cell: 303-641-7305
bob@bholmeslaw.com
Susan Johnson (Greg) PO Box 4477, Vail, CO 81658 Cell: 970-331-7587
susanJ245177@gmail.com
Hope Anderson Kapsner
(Matthew) 1864 Sweetwater Road, Gypsum 81637
Home: 970-524-9518 Cell:970-376-6619
Email: hopekapsner@mac.com
David Smith (Jody)
5431 E 17th Avenue, Denver, CO 80220, Home: 303-322-9243
cell 303 517 5591
dcsmith5431@msn.com
Directors
Bob Warner (Jill)
PO Box 1807, Edwards, CO 81632 Home: 970-926-6250 Cell: 970-390-0399 robertwarnerjr@gmail.com
Anna-Maria Ray
PO Box 4721, Vail, CO 81658 Cell: 970-331-2689 ray.annamaria@yahoo.com
Clayton Gerard (Kacey)
1610 Daggett Lane
Gypsum, CO 81637
Cell: 970-376-0146 clayton.gerard@gmail.com
Christina Lautenberg (Josh)
PO Box 2327
Edwards, CO 81632
Cell: 970-376-5064 jandcski@vail.net
David Schlendorf
PO Box 1945
Edwards, CO 81632
724-309-5043 dwschlendorf@gmail.com
Staff
Jim Daus (x 405), Executive Director Cell: 303-912-2920
Email: jdaus@evlt.org
Jessica Foulis (x 404)
Stewardship and Outreach Manager
Cell: 703-489-6490 Email: jfoulis@evlt.org
Nancy Glass (x 403), Office Manager
Cell: 850-384-152
Email: nglass@evlt.org
EVLT Contact Info:
PO Box 3016
34215 Hwy 6, Suite 205
Edwards, CO 81632
970-748-7654
Conf. Line: 712-775-7031, ID: 672 789 639 Jodi Teague: 970-376-0817 Mark Lathrop: 970-390-0510 Toby Sprunk: 970-328-8698 (work)
970-471-6776 (cell)
Tracy Tutag: 970-926-6911
Matt Andrews 970-306-7004
Kate Peters 919-606-5612
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Assistant to the Town Manager
Date: August 8, 2017
Topic: Action on Eagle County Schools’ Request for $60,675.50 for Parking Lot Repairs from
the Capital Projects Fund Contingency
ACTION BEFORE COUNCIL
Council is asked to take action on a request from Eagle County Schools for payment of $60,675.50 for
parking lot repairs at Avon Elementary School.
PROPOSED MOTION
“I move to approve payment of $60,675.50 from the Capital Projects Fund Contingency line item to
Eagle County Schools for parking lot repairs at Avon Elementary School.”
BACKGROUND
In 1996, the Town of Avon and Eagle County Schools entered into a Joint Use Agreement
(Attachment 1) that includes a stipulation about maintenance of the parking area at Avon Elementary
School. Section 14.2 states that annual maintenance of the parking lot shall be equally shared by both
parties and Eagle County Schools shall be responsible for the maintenance. The Joint Use Agreement
also states that Eagle County Schools “shall provide the Town with its annual projection for such
maintenance and costs prior to August 1 of each year in order for the Town to budget for such
expenses.”
Repairs to the parking lot at Avon Elementary School are part of Eagle County Schools’ 2016-2019
Bond Capital Construction Program. The amount of $60,675.50 was not provided to the Town prior
August 1, 2016, as the scope of the project was still being developed and Eagle County Schools did
not want to provide the wrong amount. While they recognize the amount was not communicated in
a timely manner per the Joint Use Agreement, Eagle County Schools is now requesting the Town
remit $60,675.50, which is half of the actual cost of the repairs. Attachment 2 is a letter from Sandra
Mutchler, Chief Operations Officer, that requests payment. Attachment 3 is an invoice in the amount
of $60,675.50 and Attachment 4 provides line item detail for the parking lot repair project.
Town staff is highly supportive of the timely repairs and recommends funding this fiscal year as
Contingency funds are available.
Sandra Mutchler will attend Tuesday’s meeting to present this item.
ATTACHMENTS
Attachment 1 – Joint Use Agreement
Attachment 2 – Request from Eagle County Schools
Attachment 3 – Invoice
Attachment 4 – Line Item Detail for AES Parking Lot Repair Project
Sandra Mutchler, C.P.A.
Chief Financial Officer sandra.mutchler@eagleschools.net
July 31, 2017
Town of Avon
1 Lake Street
PO Box 975 Avon, CO 81620
Dear Avon Town Council:
Eagle County Schools is requesting payment for 1/2 of the cost of repairing the parking lot at Avon Elementary
School.
Per our Memorandum of Understanding, the total cost would be split 50/50. The invoice is for 50% of the total cost.
Respectfully,
Sandra Mutchler
Chief Operations Officer
Eagle County Schools 970-328-2747 (o) 303-435-5939 (c)
pho: 970 328-6321 fax: 970 328-1024
myapp.is/EagleSchools • web: eagleschools.net • twitter: @eagleCOschools • facebook: eagle.schools • 948 Chambers Ave • PO Box 740 • Eagle, CO 81631
Eagle County Schools INVOICE NO: 17--AES2
P.O. Box 740
Eagle, CO 81631
Tel: 970.328.6321 Fax: 970.328.1024
Bill To: Town of Avon
PO Box 975
Avon, CO 81620
Qty Unit Price Price
Parking lot repairs 0.5 121,351.00$ 60,675.50$
Comments:Please make checks payable to:
Eagle County School District
Attn: Chelsey Gerard Subtotal 60,675.50$
Shipping -$
-$
For Office Use Only Total 60,675.50$
50% of costs - items 1-10 see attached
February 9, 2015
Description
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail:ericheillaw@yahoo.com
H EIL L AW
TO: Avon Board of Appeals
FROM: Eric J. Heil, Town Attorney
RE: Appeal of Decision of Building Official, 5705 Wildridge Road East
DATE: Aug 4, 2017
SUMMARY: This memorandum provides guidance for the Avon Town Council acting as the Board of Appeals with
regard to procedures and legal considerations associated with potential actions of the Board of Appeals. Avon
Municipal Code Section 15.10.090 amends Section R112 of the International Residential Code to state that the “Any
person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the
Avon Municipal Code.” (Chapter 15.06 is reprinted below). Elizabeth Pierce-Durance is representing the Avon
Building Official. I am representing the Board of Appeals to advise on procedures and legal matters related to any
decision of the Board of Appeals.
CONDUCT OF HEARING: The following order is proposed for the conduct of the hearing:
1.Introduction
2.Appellant’s presentation (including ability to call witnesses - and ability to cross-examine witnesses, Town Clerk
to swear in witnesses)
3.Building Officials presentation (same with witnesses)
4.Public comments
5.Board of Appeals deliberation (BOA may convene in executive session for legal advice if desired)
6.Board of Appeals decision
REVIEW CONSIDERATIONS: Section 15.06.020 Limitations on Authority of the Avon Municipal Code sets forth
the required considerations and findings for the appeal. Specifically, the Board of Appeals must find at least one of
the following reasons exist to grant the appeal:
(1) a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly
interpreted;
(2) the provisions of this Code do not fully apply; or,
(3) an equally good or better form of construction is proposed.
Provided that the Board of Adjustments makes a decision based on one of the reasons stated in Section
15.06.020, the Board of Adjustments has broad discretion to act on the appeal as well as impose conditions,
timeframes and deadlines on any decision to approve the appeal.
LEGAL PRECEDENCE: Approval of the appeal has some potential to create a legal precedence, which is a general
consideration for all Council decisions in which they exercise discretion for an individual application, such as liquor
licenses, variances, conditional use permits, etc. Essentially, if a future application with (1) the exact same factual
circumstances makes (2) the exact same request and (3) the Town has not enacted new regulations and (4) if
conditions have not changed, then a hypothetical future applicant/appellant may have a claim that a legal precedence
has been established. My recommendation to the Board of Appeals is to document the specific facts of the appeals
application in detail so that any precedence that is created is narrowed to the specific facts considered by the Council
(in this case Council acting as the Board of Appeals). I will have a DRAFT Findings of Fact and Record of Decision
for the hearing and I will be ready to revise the Findings of Fact and Record of Decision as determined by the Board
of Appeals.
M EMORANDUM& PLANNING, LLC
Avon Town Council acting as Board of Appeals
Appeal re: 5705 Wildridge Road East
August 4, 2017
Page 2 of 2
TIMELY FILING OF APPEAL: Lastly, it is my opinion that the Board of Appeals may interpret the appeal as
appealing the decision of the Building Official on April 20, 2017 to grant an extension of the original Temporary
Certificate of Occupancy to July 27, 2017. The Board of Appeals may find that the appeal was not timely filed and
deny the appeal on that basis. It is also my opinion that the Board of Appeals may find that due to circumstance
stated by the Appellant that the Board of Appeals may consider and rule upon this appeal.
DENIAL OF APPEAL: If the Board of Adjustments denies the appeal, then Town staff would proceed to use the
performance bond to complete the remaining work as soon as possible. In the alternative, Town staff has discretion
to consider and approve a “compliance agreement” with the property owner if such compliance agreement has
enforceable provisions and guarantees that would result in completion of the work as fast as the Town could
complete the work by collecting on the performance bond. Town staff would also proceed with a Notice of Violation
under Section 15.04.10(b) of the Avon Municipal Code.
Chapter 15.06 of the Avon Municipal Code is re-printed as follows:
CHAPTER 15.06 - Board of Appeals
15.06.010 - Appeals to Town Council.
A person shall have a right to appeal a decision of the Building Official to the Town Council
acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the
Town Clerk within twenty (20) days after the date of the decision of the Building Official. An
application for appeal shall be based on a claim that the true intent of this Code or the rules
legally adopted hereunder have been incorrectly interpreted. The application must state the
specific order, decision or determination being appealed and include documentation to support
the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The
decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to
the Building Official. The Building Official shall take immediate action in accordance with the
decision of the Board.
15.06.020 - Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this Code or the
rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do
not fully apply or an equally good or better form of construction is proposed. The Town Council
acting in the capacity of the Board of Appeals shall have no authority to waive requirements of
this Code.
15.06.030 - Limitation of liability.
Any member of the Town Council, acting in good faith and without malice for the Town in
the discharge of his or her duties, shall not thereby render himself or herself personally liable. The
members are hereby relieved from all personal liability for any damage that may accrue to
persons or property as a result of their duties. Any suit brought against a member or members of
the Town Council because of any act or omission performed by them in the discharge of their
duties shall be defended by the Town until final termination of the proceedings.
Thank you, Eric
BUILDING OFFICIAL REPORT
To: Avon Board of Appeals
From: Elizabeth Pierce-Durance on behalf of Chief Building Official William Gray
Meeting Date: August 8, 2017 Agenda Topic: 5705 Wildridge Road East
ACTION BEFORE AVON BOARD OF APPEALS
Appeal by Cathleen A. Conroy Family Trust (“the Property Owner”) of a decision issued by
Chief Building Official William Gray (“Gray”) on June 22, 2017 that the property owner would be in violation of AMC Section 15.08.070 if site improvements were not completed by the expiration of the Temporary Certificate of Occupancy (“TCO”) on July 27, 2017. Appeal was
made by way of a letter plus attachments, dated and delivered to the Town of Avon on July 12,
2017 (“the Appeal Letter”). AMC Section 15.06.010 states that “a person shall have a right to
appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. ... An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly
interpreted. The application must state the specific order, decision, or determination being
appealed ... .”
The Property Owner appears to appeal Gray’s “decision” predicting violation if improvements were not completed by July 27, 2017, and asks that the Board of Appeals permit the Property
Owner to avoid violation by extending the existing TCO or issuing a new one.
PROPOSED MOTION I move the Board of Appeals to deny the appeal and allow the Building Department to review the
subject property for violations consistent with the Building Code; and to decline to either extend
the existing TCO or grant a new one.
SUMMARY
On June 22, 2017, Chief Building Official William Gray addressed a letter to Cathy Conroy, a
representative of the Property Owner, informing her that it appeared the building project would
not be completed by expiration of the TCO, which failure to complete would put the property in violation of AMC Section 15.08.170. Gray did not at that time issue a Notice of Violation as the TCO had not yet expired; however, he did indicate that a violation would issue if the project
were not completed per the approved plans. This was not an incorrect interpretation of the
Municipal Code or rules adopted thereunder.
Minervini Minor PUD Amendment – Resolution 2016-12
Gray also informed the Property Owner that, as the TCO had been extended once, it could not be
extended a second time, pursuant to AMC 15.10.180. The original TCO issued on January 27,
2017. The Property Owner filed a written request for extension by letter dated April 18, 2017.
That extension was granted by letter dated April 20, 2017, which letter clearly identified the expiration date as July 27, 2017. To the extent the Property Owner is challenging Gray’s
“decision” to assert the pending expiration of the TCO, the appeal must fail as Gray has not
thereby incorrectly interpreted the Code or its rules. The Code does not give Gray discretion as
to when a TCO expires. It is limited to 90 days, with the possibility of one 90-day extension
only. Gray’s reference to the timeframe dictated by the TCO rules is also not an incorrect interpretation of the Code or rules adopted thereunder.
ATTACHMENTS
Exhibit A: July 12, 2017 Appeal Letter plus attachments Exhibit B: June 22, 2017 letter from William Gray to Cathy Conroy, RE: TCO Status for Permit RBP #15012
Exhibit C: Original TCO, dated January 27, 2017.
Exhibit D: April 18, 2017 Property Owner letter requesting TCO extension
Exhibit E: April 20, 2017 Gray letter granting TCO extension
Exhibit A
Exhibit B
Appeal of RBP#15012 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: August 8, 2017 Meeting
Agenda Topic: Public Hearing on Appeal of Permit RBP#15012 – 5702 Wildridge Road East
SUMMARY
Before Council is the appeal of a decision by the Building Official with respect to a building permit for a
single-family home in the Wildridge Subdivision. Once an appeal was received by the Town Clerk, the
planning and building permit files (Exhibit A) and all email correspondence (Exhibit B) was provided to
the appellant for review. Attached to this memorandum is the same information provided so that
Council is afforded the exact same information as both parties.
ATTACHMENTS
Exhibit A: Planning and Building Permit Contents
Exhibit B: Email Communication
MJR15009
Garner10 July 2015
$700 escrow deposit
Exhibit A
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IRREVOCABLE STANDBY LETTER OF CREDIT
Date of Issue: JANUARY 25, 2017 Amount: $88,000.00 Number: 4760593033
Expiration Date: JANUARY 25, 2018
APPLICANT: CATHLEEN A. CONROY FAMILY TRUST AND CATHLEEN A. CONROY
BENEFICIARY: THE TOWN OF AVON
PURPOSE: INSURE THE PAVING OF A DRIVEWAY LOCATED AT 5705 WILDRIDGE ROAD EAST, AVON, CO 81620
To Whom It May Concern:
We hereby establish in Beneficiary’s favor, at the request and for the benefit of Applicant, our Irrevocable
Standby Letter of Credit in an amount not to exceed $88,000.00 (U.S. $88,000.00). The purpose of this letter is to secure the performance of and the compliance with, the agreement by and between Applicant
and Beneficiary.
Beneficiary shall promptly notify Bank when a default or event of default of said agreement occurs. Your
notification shall include any notice or order required to be sent to Applicant pursuant to the agreement. Notice shall be by telephone and in writing to:
Alpine Bank AVON Attention: BRIAN NESTOR
PO BOX 7330
AVON, CO 81620 970-949-3333
We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of Credit if duly presented to a loan officer at 10 WEST BEAVER CREEK BLVD. AVON, CO 81620, during
normal business hours on or before the expiration date. Partial drawings are permitted. This Letter of
Credit is not transferable.
The conditions for payment of any draft drawn against this Letter of Credit are as follows:
1. Receipt by Bank of Beneficiary’s manually signed statement by an authorized signatory certifying
that Applicant has failed to perform with, or comply in accordance with, the provisions of said
agreement by and between Applicant and Beneficiary, and stating the dollar amount of the default.
2. Presentation of the original Letter of Credit to Bank, endorsed on the reverse side with the words: “Drawn by THE TOWN OF AVON in the amount of requested then manually signed by an
authorized signatory.
This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the
State of Colorado on the date of issue. This Letter of Credit sets forth in full the terms of our undertaking,
and such undertaking shall not in any way be modified, amended, amplified or limited by any document, instrument or agreement referred to herein, or in which this credit is referred to, or to which this credit
Exhibit A
relates; and no such reference shall be deemed to incorporate herein by reference any such document, instrument or agreement.
ALPINE BANK AVON
By:_____________________________________ BRIAN NESTOR, SENIOR VICE PRESIDENT
Exhibit A
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE DETERMINATION – CASE #MNR17001
PROPERTY LOCATION: Lot 79, Block 4, Wildridge Subdivision
ADDRESS: 5705 Wildridge Road East
PROPERTY OWNER: Cathleen A Conroy Family Trust
960 Sweet Grass Circle
Aurora, OH 44202
SUMMARY:
Applicant proposes to add concrete pavers with a 4” granular fill to the driveway as indicated on plans
dated November 25, 2016.
AVON MUNICIPAL CODE REVIEW STANDARDS:
≠§7.16.080 – Development Plan
≠§7.16.090 – Design Review
≠§7.28.020 – Parking and Loading
STAFF DECISION:
Approved.
FINDING:
≠The modifications are consistent with §7.16.090 – Design Review and the Town Engineer has approved the
surfacing of the driveway.
CONDITIONS:
≠All modifications to retaining walls, grading, etc. must be reviewed in the field and approved by the Public
Works Director and Town Engineer.
≠Final Certificate of Occupancy may be issued once driveway and all exterior improvements are
constructed and inspected.
DATE: January 24, 2017
By: David McWilliams, Town Planner
Exhibit A
X
12-12-2016
(CHANGE OF DRIVEWAY MATERIAL)
Exhibit A
TOWN OF AVON
RECVD BY: TOWN OF AVON 05000002642
PAYOR: CATHLEEN CONROY
TODAY’S DATE: 01/19/17
REGISTER DATE: 01/19/17 TIME: 10:08
DESCRIPTION AMOUNT
DEV PLAN $75.00
CUST ID: MNR17001
----------------
TOTAL DUE: $75.00
TENDERED: $75.00
CHANGE: $.00
CHECK : $75.00
REF NUM: 1187
Exhibit A
From: Jeff Manley [mailto:jeff@martinmanleyarchitects.com]
Sent: Wednesday, January 18, 2017 1:52 PM
To: Matt Pielsticker
Cc: 'Todd Nathan'; 'Cathy Conroy'; 'Dave Dantas'
Subject: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road
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&216750$1$*(0(17Exhibit A
From:Cathy Conroy
To:Matt Pielsticker; William Gray
Cc:"Todd Nathan"
Subject:5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Date:Friday, June 30, 2017 5:01:00 PM
Attachments:minor_development_plan_5705wildridgeroad_e.pdf
Revised Plans for Landscaping - Revision 2.pdf
Revised Landscaping Narrative.pdf
landscaping Spreadsheet.pdf
Matt and Willy,
Please see attached:
1.) Completed Land Development Application (Minor Development Plan) for the revisions to the
Landscaping Plan
2.) Revised landscaping drawing for 5705 Wildridge Road E
3.) Narrative summary of changes from original drawing, that was reviewed and approved in 2015,
before we even started construction
4.) Spreadsheet support for #3 above
Please let me know if you have any questions. We are working toward getting this work completed
prior to July 27, 2017.
Cathy Conroy
Exhibit B
From:William Gray
To:Matt Pielsticker
Subject:Driveway 5705 Wildridge Road E.
Date:Thursday, September 15, 2016 9:14:31 AM
From: Cathy Conroy Sent: Tuesday, August 02, 2016 3:29 PMTo: 'Todd Nathan'; 'Dave Dantas'Cc: Matt Pielsticker; William GraySubject: Driveway - 5705 Wildridge Road E
I spoke with both Willy Gray and Matt Pielsticker via phone today regarding the driveway. I
explained our interest in getting an experience of a full winter (while living in the house) to
determine where the ice forms and where the settling is occurring - before going to the expense of
putting in the driveway. I also explained our plan to use pavers, not asphalt, as outlined in the plans
that were submitted and approved. They explained to me that they have a few concerns:
a)They want to make sure we are not tracking mud out of the driveway to the road
b)The TCO is usually only good for 6 months after its issued (although it can be extended)
c)They want to make sure that road base is sufficient for fire purposes
d)They want to assure that leaving it as road base does not cause worse problems
e)The believe the winter of 2016-2017 should be sufficient to assess the driveway issues.
Where we left it, is as follows:
·We will consult with a soil engineer to see what they recommend. Their answer should help
address concerns related to both c) and d). Also, we all agreed their recommendations
should shed some light on e) above.
·Somewhere in this discussion, it was mentioned that there is Town of Avon code that
requires asphalt for the first 10 feet of the driveway, so that the snowplows for the road can
plow without causing problems with pavers, etc. That would help address a) - above
Following soil engineer feedback, we will all review and determine how to proceed. Lastly, since we
have determined that we will be doing pavers, it probably makes sense to submit the paperwork to
the Town of Avon to change the materials on the approved plans.
Let me know if you have any questions. Dave, can you please recommend a soil engineer for me to
contact?
Cathy
I sent this reply on 8/3/2016 9:22 AM
Subject Driveway at 5705 Wildridge Rd. East
Cathy,
Thank you for the quick response, let me address your points to confirm;
a.Correct, The Town of Avon does not want mud, gravel or dirt to be tracked on Wildridge Rd.
Exhibit B
East.
b.Need to clarify this, because the driveway will not be finished, all the building department
can issue is a Temporary Certificate of Occupancy, if you are using a bank this may not be
enough to close, you should check on this. The TCO is good for six months but can be
extended for another six months if requested in writing.
c.Correct, The Town of Avon and the Fire District require that a firm base is installed for
emergency vehicles
d.Correct, The Town of Avon will need to have verification from your soils engineer that
leaving the sub base exposed to the elements will not do more harm than with a final
covering on it.
e.Correct, The Town of Avon believes that the winter and spring of 2016 and 2017 should be
sufficient to determine the possible problems that will need to be addressed such as
settlement and to what extent the snow melt will need to cover.
f.New, an application and fee to change the approved asphalt to pavers will be necessary, this
can be done on a staff level.
g.New, The first 10 feet of the driveway from the edge of the road asphalt is required to be in
asphalt.
Exhibit B
From:William Gray
To:Matt Pielsticker
Subject:FW: 5705 Wildridge Rd
Date:Wednesday, June 14, 2017 8:09:29 AM
From: Cathy Conroy Sent: Tuesday, June 13,
2017 9:56 AMTo: William GraySubject: RE: 5705 Wildridge Rd
I just got back into town on Sunday am. I am here this week. Lots of things getting teed up. Leaving
Monday am. Let me know what works for you. We will make our best effort to be available
From: William Gray [mailto:wgray@avon.org]
Sent: Tuesday, June 13, 2017 11:22 AM
To:
Subject: 5705 Wildridge Rd
Cathy, it looks like you are not going to meet the July 27th dead line for the TCO extension. What we
would like to do is, to meet on site and go over items of concern and see how to proceed with your
project. Please let me know when would be the best time to meet, the sooner the better.
Exhibit B
From:William Gray
To:Matt Pielsticker
Subject:FW: Letter of Credit
Date:Friday, June 16, 2017 8:51:33 AM
Attachments:image001.png
I FOUND THIS WHILE LOOKING FOR OTHER ITEMS ABOUT CONROY, DID WE EVER GET THIS.
From: Cathy Conroy [ Sent: Friday, January 27,
2017 11:37 AMTo: Matt Pielsticker; William GrayCc: 'Dave Dantas'; 'Paul Clements'; 'Todd Nathan' Subject: RE: Letter of Credit
Matt,
I signed all the paperwork with the bank this morning. Brian Nestor, from Alpine Bank was not in
when I was at the branch. Once he arrived, my understanding is that he was planning to sign the
document that I sent to you yesterday and then have the signed copy dropped off for you, at the
Town of Avon. I believe that should complete the tasks for the letter of credit required for the TCO.
Please let me know if there are any questions.
Cathy Conroy
From: Matt Pielsticker [mailto:mpielsticker@avon.org]
Sent: Thursday, January 26, 2017 12:53 PM
To: Cathy Conroy < >; William Gray <wgray@avon.org>
Cc: 'Dave Dantas' < >; 'Paul Clements' < >; 'Todd Nathan' < >
Subject: RE: Letter of Credit
Thank you Cathy
If there are no other incomplete exterior improvements, this is acceptable to the Town.
Matt
From: Cathy Conroy [ ] Sent: Thursday, January 26, 2017 10:08 AM To: Matt Pielsticker; William
GrayCc: 'Dave Dantas'; 'Paul Clements'; 'Todd Nathan' Subject: FW: Letter of Credit
Matt and Willy
Please see attached, draft letter of credit from Alpine Bank, that will be needed for TCO of 5705
Wildridge Road E. The amount was based on bids received for the driveway and remaining
landscaping plus 25%, per your requirements. The landscaping bid was $22,347 and the driveway
bid was $48,000, for a total of $70,347. If you desire copies of the bids, I will forward them to you
Exhibit B
both.
Please review and let me know if this is acceptable to you. If so, I will get these documents executed
with the bank, so that we can move forward with the TCO.
Thank you,
Cathy Conroy
5705 Wildridge Road E
216 272 3325
From: Brian Nestor [ ] Sent: Thursday, January 26, 2017
11:48 AM
To: 'Cathy Conroy' < >
Cc: Christina Person < > Subject: Letter of Credit
Cathy,
Here is a draft copy of the Letter of Credit.
I will have Christina Person send you over the rest of the documents to finalize everything when
they are complete. It should be later today or tomorrow.
Please let me know if you have any questions about the letter of credit information.
Thanks,
NOTICE: This e-mail message and all attachments transmitted with it may contain legally
privileged and confidential information intended solely for the use of the addressee. If thereader of this message is not the intended recipient, you are hereby notified that any reading,
dissemination, distribution, copying, or other use of this message or its attachments is strictlyprohibited. If you have received this message in error, please notify the sender immediately
and delete this message and all copies and backups thereof. Thank you.
Exhibit B
From:Virginia Egger
To:Matt Pielsticker; David McWilliams; William Gray
Subject:FW: TCO Status for Permit RBP #15012, 5705 Wildridge Road East
Date:Wednesday, July 05, 2017 8:31:31 AM
Attachments:L79 B4 WR TCO Letter 062217.pdf
5705 WR RD Public Comments.pdf
FYI – See Eric’s email to neighbors and notice to Council of the same.
Best regards,Virginia
________________________________________
Virginia C. Egger, Town Manager
970.748.4452 (D) | 970.331.1439 (C) | 970.748.4000 (O)
www.avon.org
Begin forwarded message:
From: Eric Heil < >Subject: TCO Status for Permit RBP #15012, 5705 Wildridge Road EastDate: July 3, 2017 at 9:36:03 AM MDTTo: Jennie Fancher < >, Sarah Smith Hymes <s >, Megan Burch < >, Matt Gennett < >, Amy Phillips
< >, Scott Prince <s >, Jake Wolf < > Cc:
Dear Council members, I am sending this message in regards to the status of the TemporaryCertificate of Occupancy for Permit RBP #15012, located at 5705 Wildridge Road East.
Attached to this message is the correspondence from the Avon Community DevelopmentDepartment to the property owner and a series of public comments that the Town has
received.
Administration of building permits is an administrative matter and it is generally notappropriate for Council to be involved with a specific building permit. Avon’s Building
Official issued a letter dated June 22, 2017 stating that pursuant to the InternationalResidential Building Code adopted by the Town of Avon, there is no discretion by the
Building Department to extend a Temporary Certificate of Occupancy past July 27, 2017. The June 22, 2017 letter by Avon’s Building Official explains that a property owner has the
right to appeal the decision of the Building Official to the Board of Appeals. The AvonTown Council is appointed to serve as the Board of Appeals under the building codes
adopted by the Town.
Should an appeal be filed, the Avon Town Council, as the Board of Appeals, would reviewthe appeal in a quasi-judicial capacity. As with other quasi-judicial matters, Council
members are advised to refrain from Ex Parte communication, meaning any communicationwith the property owner, neighbors, or other interested parties concerning this matter. At a
Exhibit B
quasi-judicial hearing, Council members would be required to disclose any Ex Partecommunications if they occurred. It is important for Council members to remain neutral and
unbiased and to consider any relevant evidence and testimony at a public hearing beforemaking any decision in order to avoid legal challenges to a quasi-judicial proceeding.
Please contact me directly if you have any questions regarding this message.
I have copied parties who have submitted comments as well as the property owners in this
matter.
Best regards,Eric
Avon Town Attorney
Eric J. Heil, Esq. A.I.C.P.
Dir 970.468.0635
Cel 303.518.4678ericheillaw@gmail.com
This communication may contain confidential attorney-client privileged information. Unauthorized receipt or use of this communication is not permitted. If you havereceived this message in error, please delete the message and any attachments and contact Heil Law & Planning, LLC immediately.
Exhibit B
From:William Gray
To:Matt Pielsticker
Subject:FW: the request letter for TCO extension
Date:Tuesday, April 18, 2017 4:12:56 PM
Attachments:TCO EXtension.pdf
I can extend it if it is ok, I will put the reply on letter head and have you review.
From: Todd Nathan [ Sent: Tuesday, April 18, 2017
9:23 AMTo: William Gray; Cathy ConroySubject: RE: the request letter for TCO extension
Willy, thanks again! Have a great Springtime. Cheers, TN
Exhibit B
From:Cathy Conroy
To:David McWilliams; "Todd Nathan"; Matt Pielsticker
Cc:William Gray
Subject:RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Date:Monday, July 17, 2017 12:12:17 PM
Thank you for your prompt attention to this matter.
From: David McWilliams [mailto:cmcwilliams@avon.org]
Sent: Monday, July 17, 2017 1:46 PM
To: Cathy Conroy <c >; 'Todd Nathan' <t >; Matt Pielsticker <mpielsticker@avon.org>
Cc: William Gray <wgray@avon.org>
Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Todd and Cathy,
Attached is the approval. Note the condition of approval is that all landscaping will be installed by
July 27, per code. Deviation from this (like planting trees in the fall instead of now) is supported by
staff but will need to be discussed during the appeal process with Town Council.
Best,
David McWilliams
Town Planner
Town of Avon
970.748.4023
www.avon.org
From: Cathy Conroy [ ] Sent: Sunday, July 16, 2017 8:04 PMTo: David McWilliams; 'Todd Nathan'; Matt PielstickerCc: William GraySubject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
David and Matt,
Please see attached requested revisions to our Revised Landscaping Plan. Per your
request, we have added a few trees with the intent to make sure that our plan, "
Integrates building sites with natural topography and existing vegetation".
We appreciate you sending the already approved Landscaping Plans from other
properties. We especially appreciate you pointing out the Ferret Lane property as a
great example of a recent approval that took existing mature vegetation into account
Exhibit B
with new development. Our review of that plan concludes that they added/ replaced
4 trees. After careful consideration, we believe that to be a good number of new trees
for our property also. Also, David's advice regarding anchoring the driveway was
helpful in considering this revision.
This revision adds two trees around the driveway, as David suggested; We also have
added two additional trees as noted on the attached drawing. We have spent
considerable time discussing this and we both believe that they are properly
feathered to the house, as David suggested.
Location #1, Driveway area:
1x 10' Evergreen Tree
1x 8' Deciduous Tree
Location #2, Backyard area:
1x 10' Deciduous Tree
1x 8' Evergreen Tree
NOTE: species will be determined based on price, availability, condition and season
purchased.
Please review and approve this Revised Landscaping Plan, as we continue to work
toward completion of this plan, before the TCO expires on July 27, 2017.
Thank you,
Cathy Conroy and Todd Nathan
From: David McWilliams [mailto:cmcwilliams@avon.org]
Sent: Friday, July 14, 2017 10:46 AM
To: Todd Nathan < >; Matt Pielsticker <mpielsticker@avon.org> Cc: Cathy Conroy < >;
William Gray <wgray@avon.org>
Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Hi Todd,
I am largely unable to mandate a specific number of trees and/or shrubs to achieve the intent of the
code.
My opinion is that some trees around the driveway entrance would anchor that feature, and
perhaps some on the strategic points (not blocking your views, respectful of fire danger, etc.) to
feather the house into the property would achieve this purpose statement.
I hope this answers your question.
David McWilliams
Town Planner
Town of Avon
Exhibit B
970.748.4023
www.avon.org
From: Todd Nathan [ ] Sent: Thursday, July 13, 2017 5:57 PMTo: David McWilliams; Matt PielstickerCc: Cathy Conroy; William GraySubject: Re: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
David, would you consider placement of 4 trees adequate to meet the "Integrates building sites
with natural topography and existing vegetation"? Kind regards, TN
From: Matt Pielsticker <mpielsticker@avon.org>
To: Cathy Conroy < >; William Gray <wgray@avon.org>
Cc: 'Todd Nathan' <t >; David McWilliams < > Sent: Thursday, July 13, 2017 5:13 PM
Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Cathy
Thank you for taking our call and discussing your landscape plan submittal. To
reiterate, our concern with the landscape plan submitted to Community Development
is the lack of trees. The recommendation is to add trees to the plan to better meet
the intent of the landscape code, which includes “(1) Integrates building sites with
natural topography and existing vegetation,”
It is understood that there are a number of mature trees that are located on the edge
of your property that were planted with previous construction project(s) and those can
be taken into account.
Attached are a couple recent examples that should be helpful for you in considering a
modification to your submittal. The FERRET LANE plan is a great example of a
recent approval that took existing mature vegetation into account with new
development.
This email also confirms that your application was found complete upon payment on
July 5th. Please reach out if you have any questions.
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.avon.org
Exhibit B
From: Cathy Conroy [mailto:cathy@conroy.com]
Sent: Sunday, July 02, 2017 3:47 PM
To: Matt Pielsticker; William Gray
Cc: 'Todd Nathan'; David McWilliams
Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Thanks, Matt. Will do.
Cathy
From: Matt Pielsticker [mailto:mpielsticker@avon.org]
Sent: Saturday, July 1, 2017 5:14 PM
To: Cathy Conroy < >; William Gray <wgray@avon.org> Cc: 'Todd Nathan' < >;
David McWilliams
<cmcwilliams@avon.org>
Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping
Changes
Thank you Cathy
I am not sure if my last email went through this morning, but the fee for this
application is $75. Feel free to drop off payment (cash or check to ‘Town of Avon’) at
Town Hall any time after July 5, 8am.
Matt
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.avon.org
From: Cathy Conroy [ ]
Sent: Friday, June 30, 2017 5:00 PM
To: Matt Pielsticker; William Gray
Cc: 'Todd Nathan'
Subject: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes
Matt and Willy,
Please see attached:
1.) Completed Land Development Application (Minor Development Plan) for the
revisions to the Landscaping Plan
2.) Revised landscaping drawing for 5705 Wildridge Road E
3.) Narrative summary of changes from original drawing, that was reviewed and
approved in 2015, before we even started construction
Exhibit B
4.) Spreadsheet support for #3 above
Please let me know if you have any questions. We are working toward getting this
work completed prior to July 27, 2017.
Cathy Conroy
Exhibit B
From:Cathy Conroy
To:Matt Pielsticker; "Dave Dantas"; William Gray
Cc:"Todd Nathan"
Subject:RE: 5705 Wildridge Road East
Date:Sunday, September 25, 2016 5:17:39 PM
Attachments:Stubbed Attachments.htm
This message's contents have been archived by the Barracuda Message Archiver. To view the original message, clickhere.
16-7-299 (09-23-16) Driveway Grading.Signed.pdf (74.6K)
image001.png (5.1K)
Matt,
After reviewing your comments below, we had further discussions with thesoils engineer. During this discussion, we all agreed that the letter dated9/8 did not clearly state their recommendation (vs feasibility) to delay thecompletion of the driveway until 2018. The soils engineer offered to re-write the letter and more strongly state his/ their recommendation andpreference for delaying. Please see attached.
As you can see, he/ they recommend 2018 timing vs. 2017 and he/...
Exhibit B
From:Todd Nathan
To:William Gray; Dave Dantas; Cathy Conroy; Matt Pielsticker
Subject:Re: 5705 Wildridge Road E"s driveway, bonding it to completion, and a timeframe...
Date:Monday, July 18, 2016 7:40:29 PM
Good evening Willy and Dave,
I'd be happy to figure out how to bond our driveway to completion after it settles (1-2
years) and get it done properly while avoiding unnecessary overhead (installation,
and then remove, then reinstall) which can be avoided while meeting Fire District
code requirements for load the entire time.
Willy, would you meet with Dave D and myself sometime on Thur or Friday of this
week?
Kind regards! TN
From: Dave Dantas <dave@dwdantas.com>
To: Todd Nathan <t >; "Cathy Conroy ( )"
< >
Sent: Monday, July 18, 2016 6:07 AM
Subject: RE: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe...
Todd,
I am available for the meeting.
Thank you,
Dave
From: Todd Nathan [ ]
Sent: Sunday, July 17, 2016 7:24 AM
To: Cathy Conroy < ; William Gray <wgray@avon.org>; Dave Dantas < >; Matt
Pielsticker <mpielsticker@avon.org>
Subject: Re: 5705 Wildridge Road E's driveway, bonding it to completion, and a
timeframe...
Thank you Cathy for forwarding the email to me. It seems I got cut out of the loop by
Matt on the forwarding.
Willy, please include me in all the emails and conversation, thank you! Regards, TN
From: Cathy Conroy < >
To: 'Todd Nathan' < >
Sent: Sunday, July 17, 2016 7:15 AM
Subject: FW: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe...
From: Matt Pielsticker [mailto:mpielsticker@avon.org]
Sent: Friday, July 15, 2016 1:14 PM
Exhibit B
To: William Gray <wgray@avon.org>
Cc: Cathy Conroy < >; Dave Dantas < > Subject: FW: 5705 Wildridge Road E's
driveway, bonding it to completion, and a timeframe...
From: Todd Nathan [ ]
Sent: Friday, July 15, 2016 11:00 AM
To: Dave Dantas; Matt Pielsticker; Cathy Conroy
Subject: RE: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe...
Good morning Dave,
Matt and I spoke on the phone this morning. Matt will be out of office next week. I
wanted to sit down, yet he is swamped and heading to a meeting for the rest of the
AM.
Matt recalls your talk/request and said Willy was more about the asphalt requirement
for a CO. I mentioned the fire code drawn up by Gail by request from me when I
called her for clarity on Fire Code requirements on private residential property. That
code I forwarded to you. In summary it speaks to the load bearing and not at all
specific on the materials required or even amounts of any application.
Matt said bonding may help solve the towns concerns about completion to permit. I
think it most definitely does, as we are intent on finishing the driveway with pavers as
we have planned. I hope Willy is open to talk about this issue more, and we can
move forward to bond the driveway for completion and get the drive done properly
after settling for a year or two, for us to not have to spend time and/or money on
redoing it when it does settle (and we all know it will) and make the driveway look
great and work as planned for safety reasons, as well as functionality.
Dave and/or Matt, please forward my email to Willy so he is in this conversation. I'd
like to sit down with both Dave and Willy ASAP to resolve this issue. Mon/Tues of
next week I'm in Denver, but available later today and afternoon starting Wed through
Friday.
I'm confident an approach with bonding to guarantee completion will get the driveway
done right, to code, and satisfy everyone's concerns for permitting, completion, and of
course look and feel.
Kind regards, Todd Nathan
cc: Cathy Conroy
Exhibit B
From:Todd Nathan
To:Elaine Wolf; Matt Pielsticker
Cc:William Gray; Cathy Conroy; assessor@eaglecounty.us
Subject:Re: about the Super Neighborhood specification on the Eagle County land record for Lot #79 Block #4...
Date:Wednesday, March 22, 2017 9:17:19 AM
Elaine, thank you for clarity, and your time! Regards, TN
From: Elaine Wolf < s>
To: Matt Pielsticker <mpielsticker@avon.org>
Cc: Todd Nathan < >; William Gray <wgray@avon.org>; Cathy Conroy
< >; "assessor@eaglecounty.us" <assessor@eaglecounty.us>
Sent: Wednesday, March 22, 2017 8:59 AM
Subject: Re: about the Super Neighborhood specification on the Eagle County land record for Lot #79
Block #4...
Good morning -
The Super Neighborhoods are created in the Assessor's Office for valuation purposes
only.
On Wed, Mar 22, 2017 at 8:48 AM, Matt Pielsticker <mpielsticker@avon.org> wrote:
That information was created by the Eagle County Assessors department, and has no
bearing on Wildridge’s governance, covenants, water, etc.
I have copied the Assessor’s department and hopefully they can shed light on that
designation for Wildridge.
Matt
From: Todd Nathan [mailto:t ]
Sent: Tuesday, March 21, 2017 10:27 PM
To: Matt Pielsticker; William Gray
Cc: Cathy Conroy
Subject: Q: about the Super Neighborhood specification on the Eagle County land record for Lot
#79 Block #4...
Good evening Matt and William,
While looking at our online property records, and some of our neighbors to confirm,
the online data at Eagle County shows Wildridge is subordinate to a "Super
Neighborhood"... Defined online with Wikipedia as...
"A super neighborhood is a geographically designated area where residents, civic
organizations, institutions and businesses work together to identify, plan, and set
priorities to address the needs and concerns of their community."
What was the reason for this designation for Wildridge to be/come part of a bigger
'super neighborhood' of Eagle-Vail/Avon when the ToA seems to be the governing
Exhibit B
body and directive for both EV and Wildridge? Was this in part of the transfer of
responsible covenant enforcement, and/or muni code/function (water/electric during
development) or something else I have not imagined yet.
Regards, TN
Login
Login
--
Elaine Wolf
Assessment Technician Supervisor
Eagle County Assessor's Office
p: 970-328-8648
f: 970-328-8679
elaine.wolf@eaglecounty.us
Exhibit B
From:
To:
Cc:
Subject:
Date:
Charles McWilliams
Todd Nathan;
Cathy Conroy; ; Matt Pielsticker
RE: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road
Wednesday, February 01, 2017 9:33:01 AM
Hi Todd,
To clarify, the condition arose from a note in the lower right hand corner of the permit set (the last
page of my attachment) that mentions a reduced amount of boulder retaining wall, and a note next
to that saying the berming will need to be changed.
These could have been old notes, but Town staff would still like to reserve the right to review the
changes in the spring.
Best,
David McWilliams
Town Planner
Town of Avon
970.748.4023
www.avon.org
From: Todd Nathan [ ] Sent: Tuesday, January 31, 2017 9:21 AMTo: ; Charles McWilliamsCc: Cathy Conroy; ; Matt PielstickerSubject: Re: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road
Good morning Jeff,
I'm not sure where any retaining wall materials or design changes may have been
suggested or implied. As I recall we have requested and submitted change order for
just the pavers. All the retaining walls are in place since excavation completion many
moons ago. I also believe all that has been looked over by inspectors on site months
ago and approved per the plans, and nobody has mentioned retaining wall changes
be needed, or desiree. I have not speculated any changes needed, we are happy
with all retaining walls and locations at this time.
Regards, TN
From: Charles McWilliams <cmcwilliams@avon.org>
To: " " < >
Cc: Todd Nathan < >; Cathy Conroy < >;
Exhibit B
"d " < >; Matt Pielsticker <mpielsticker@avon.org> Sent: Tuesday, January 31, 2017 8:55
AM
Subject: RE: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road
Hi Jeff,
Attached is the approval for the change in materials to the driveway. Please note that
this approval does not for approve changes to the retaining wall. Changes can be
reviewed in the spring by the Town Engineer.
Best,
David McWilliams
Town Planner
Town of Avon
970.748.4023
www.avon.org
From: Jeff Manley [ ]
Sent: Wednesday, January 18, 2017 1:52 PM
To: Matt Pielsticker
Cc: 'Todd Nathan'; 'Cathy Conroy'; 'Dave Dantas'
Subject: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road
Matt,
Attached to this e-mail is the application for change to approved P and Z. We are
proposing that the drive surface be changed to a Belgard Paver. I have left that first
10’ of the drive as asphalt. The Proposed color is Toscana.
http://www.belgard.com/products/pavers/urbana_stone
Urbana® Stone's chiseled textures and contours combine with its random shapes and patternsto recall the look and feel of vintage cut stone. Urbana is offered in a versatile, three-piece
modular system.
Toscana
Exhibit B
If you need a fee for this application, I will have you contact Todd Nathan
at t . He will get with you for payment.
Thank you,
Jeffrey P Manley AIA
Exhibit B
From:Matt Pielsticker
To:Dave Dantas
Subject:RE: Conroy Dirveway
Date:Monday, August 01, 2016 9:59:24 AM
________________________________________
From: Dave Dantas [ ] Sent: Monday, August 01, 2016 7:30 AM
To: William Gray
Cc: Matt PielstickerSubject: RE: Conroy Dirveway
Willy, Matt,
Is it ok to make Item 4 2018.
Thank you,
Dave
From: William Gray [mailto:wgray@avon.org]
Sent: Wednesday, July 27, 2016 8:21 AM To:
Dave Dantas < > Cc: Matt Pielsticker <mpielsticker@avon.org> Subject: RE: Conroy Dirveway
Item 4 needs to be 2017 not 2018
From: Dave Dantas [ ]
Sent: Wednesday, July 27, 2016 5:51 AM
To: Matt Pielsticker; William GrayCc: Cathy Conroy ( < >); Todd Nathan Subject: RE: Conroy Dirveway
Matt,
We would like to change these conditions:
2.Gravel on first 20 feet of driveway and road base on the rest4.owner to finish final paving in 2018 ( a Minor Development plan will be submitted tochange from asphalt to pavers)
7.Installation of driveway heat tubing to be covered by 2015 Building permit and in Surety
for driveway heat and paving.
Regards,
Dave DantasDW Dantas Constructiond < >
970 376 6111
PO Box 2322, 4791 Wildridge Road EastAvon, CO 81620
From: Matt Pielsticker [mailto:mpielsticker@avon.org]
Sent: Monday, July 25, 2016 6:06 PM
Exhibit B
To: Dave Dantas <dave@dwdantas.com< >>; William Gray
<wgray@avon.org<mailto:wgray@avon.org>>
Cc: Cathy Conroy (cathy@conroy.com< >)<cathy@conroy.com< >>; Todd Nathan
<todd.nathan@yahoo.com< >>
Subject: RE: Conroy Dirveway
Dave,
The Town can agree to your stated approach, and issuance of a Temporary Certificate of Occupancy.subject to the following:
1.Soils compaction report will be submitted to the Town for the interim driveway design to
demonstrate that it will hold emergency vehicles; the compaction percentage is up to the soils engineerbut should be 90% or better.2.The interim driveway will have gravel as a topping to prevent mud and dirt from getting into the
street.
3.The agreed finished product will be asphalt as approved by the Planning and Zoning Commission.Alternate paving materials would need to be approved with Minor Development Plan application.4.The final asphalt should be installed no later than next year (2017) when the conditions are
correct.
5.The owner will bear all labiality for any failures to the driveway and cleanup of Town Property.6.Surety in the form of cash or a letter of credit, will be provided for 125% of estimate to pave thedriveway.
Matt
Matt Pielsticker, AICP
Planning Director
Town of Avon970.748.4413www.avon.org<http://www.avon.org/>
[AVON_Logo 3 Colors 1]<http://www.avon.org/>
From: Dave Dantas [m ]
Sent: Saturday, July 23, 2016 3:23 PM
To: William Gray; Matt PielstickerCc: Cathy Conroy ( < >); Todd Nathan Subject: Conroy Dirveway
Willy, Matt,
On the Conroy project there is a large backfill on the front of the home. We would like to postpone the
final finish of the driveway and the installation of the heated driveway lines. The drive finish and
Wirsbo piping is being delayed to let settlement occur.
We received the Building Permit in September of 2015. The plan has been to have a heated driveway
with a hard surface . The driveway heat and final finish should be done under the existing building
permit. In order to get a Temporary Certificate of Occupancy we would like to install gravel or roadbase on the driveway to satisfy Fire District and Town requirements. A bond, letter of credit or cashguarantee would be provided to the Town of Avon to cover the cost of the hard final finish on the
driveway and the cost of the heat lines ( Wirsbo) in the driveway.
Please confirm that this is the correct way to proceed.
Regards,
Dave DantasDW Dantas Construction LLCPO Box 2322, 4791 Wildridge Road
Exhibit B
From:Christina Person
To:Brian Nestor; Matt Pielsticker
Subject:RE: Conroy Letter of Credit
Date:Friday, June 16, 2017 9:30:40 AMAttachments:imageeb6308.PNGLetter of Credit - Signed.pdf
Hi Matt,
Attached please see the executed letter of credit. Please let me know if you need anything else.
Sincerely,
Christina
Christina Person Banking OfficerTel: +19707485764P.O. Box 7330 | 10 West Beaver Creek Blvd.
Avon, CO 81620 NMLS#1478825
From: Brian Nestor
Sent: Friday, June 16, 2017 8:56 AM
To: 'Matt Pielsticker' <mpielsticker@avon.org>
Cc: Christina Person < m> Subject: RE: Conroy Letter of
Credit
Matt,
We will work on this today.
Thanks,
Brian Nestor Senior Vice President - Branch Manager
Tel: +19707485707 | Ext. 3611P.O. Box 7330 | 10 West Beaver Creek Blvd.Avon, CO 81620 NMLS#458859
From: Matt Pielsticker [mailto:mpielsticker@avon.org]
Sent: Friday, June 16, 2017 8:55 AM
To: Brian Nestor < > Subject: Conroy Letter of Credit
Brian
Happy Friday. Could you please send me the executed version of this LOC? We must have missed the final version for our files.
Thank you,
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.avon.org
NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If thereader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments isstrictly prohibited. If you have received this message in error, please notify the sender immediately and delete this message and all copies and backups thereof. Thank you.
Exhibit B
From:Dave Dantas
To:Matt Pielsticker; William Gray
Subject:RE: Conroy Residence 5705 Wildridge Road East
Date:Sunday, July 10, 2016 8:44:51 PM
Matt, Willy,
Please send a pdf or link to the new code on Snow melt. Also when was the code approved.
Thank you,
Dave
From: Matt Pielsticker [mailto:mpielsticker@avon.org]
Sent: Thursday, July 07, 2016 9:43 AM
To: Dave Dantas < >; William Gray <wgray@avon.org> Subject: RE: Conroy
Residence 5705 Wildridge Road East
Dave
There needs to be at least 1 layer of asphalt for fire safety requirements.
Matt
From: Dave Dantas [ ] Sent: Wednesday, July 06,
2016 5:15 AMTo: Matt Pielsticker; William GraySubject: Conroy Residence 5705 Wildridge Road East
Matt,
We would like to wait one or two years to do the paving at the Conroy Residence. It is a large fill
and we are concerned about settling. Is there a way to achieve this with road base or gravel and the
Town have security for the final asphalt?
Please let me know as soon as possible.
Regards,
Dave Dantas
DW Dantas Construction LLC
PO Box 2322, 4791 Wildridge Road
Avon, Co 81620
Exhibit B
From:Todd Nathan
To:William Gray
Cc:Matt Pielsticker; Justin Hildreth; Cathy Conroy; Jeff Shepard
Subject:Re: for clarity on a 2500-3250 riser (manway) in ground water tank install at 5705 as landscaping issue only...
Date:Monday, August 08, 2016 2:17:31 PM
Attachments:Stubbed Attachments.htm
This message's contents have been archived by the Barracuda Message Archiver. To view the original message, clickhere.
5705 Site Plan with Cistern Location in Yellow.pdf (836.6K)
Good day Willy (et al.),
Provided is the requested site plan with underground cistern area shaded inyellow for ToA planning department records. The dimension of the item isestimated but close in the drawing. Location is where it will generally beplaced. I suspect within a few feet of exact. Conditions may warrant on siteadjustment, but not expected to be anywhere else in general.
I'm going to move forward with purchase and installation unless otherwisedirected.
Thank you, TN...
Exhibit B
From:Todd Nathan
To:Charles McWilliams; William Gray
Cc:Cathy Conroy
Subject:Re: for clarity on ToA and State Electrical regarding dark sky compliance verification on our external sconce
selection...
Date:Tuesday, November 22, 2016 10:49:53 AM
Attachments:image002.png
For clarity on this topic of making a stink, it was stated in the context that if people
around me didn't like my lights selection or complained about them once approved.
The 'stink' I would make had nothing to do with an approval process, or a threat or
anything like that at all towards the ToA or its enforcement. I stated clearly I was
pleased a 'friendly reminder' note was being sent out to folks that are clearly in
violation. Regards, TN
From: Charles McWilliams <cmcwilliams@avon.org>
To: Todd Nathan < >; William Gray <wgray@avon.org>
Cc: Cathy Conroy < >
Sent: Tuesday, November 22, 2016 9:47 AM
Subject: RE: for clarity on ToA and State Electrical regarding dark sky compliance verification on our
external sconce selection...
Willey answered re the inspection and left the ball in my court. Like you and I discussed, it
seems like it meets the intent, but I would like to have a way to verify before install. I’m
comfortable letting him know this if you agree.
Also, Todd complained about all the neighbors’ light pollution, and hinted that he might
make a stink if his approval process was difficult while the neighbors are in violation.
From: Todd Nathan [ ]
Sent: Monday, November 21, 2016 5:36 PM
To: Charles McWilliams; William Gray
Cc: Cathy Conroy
Subject: REQ: for clarity on ToA and State Electrical regarding dark sky compliance verification on our
external sconce selection...
David, or is it Charles... Its my understanding Brian has moved on and you are the
ToA planner as of 10 months ago. I have dealt with Brian in the past, you were
mentioned as contact for Dark Sky Compliant issues via William Gray, or our friend
Willy.
- Please verify the bulb and fixture selection will meet the needs of ToA, we'd like this
confirmation by Tues afternoon if possible, or Wed at the latest. The fixtures we are
considering seriously are on sale this Black Friday only, and that means to us a
significant amount of savings. Thank you.
- William, please provide to me the electrical state inspector's name and contact info
(number preferred) who will inspect our external lighting sconces. We'd like to touch
base on Tues to start a dialog like we are with ToA on compliance.
Bulb Selection (7 watt LED, ~40 watt equivalent, 40 deg light range, 2700K [standard
Exhibit B
incandescent band]), etc.
Fixture, the only one we have found we like, and it can be made to be compliant via
the bulb selection which makes the down pointing fixture of any kind compliant
(emitters no visible at 90 degs from plumb at the height of the emitters). Please note
the bulb in the fixture photos is not the bulb we are going to be using. The bulb we
are going to use is dark sky compliant.
Thank you both very much for your time, and sense of urgency on this issue. We are
trying to understand, which we feel we do now, and deal with the requirements of
DSC both at ToA and our inspector.
Regards, and happy holidays too! TN
https://www.amazon.com/gp/product/B00R5O2T44/ref=oh_aui_detailpage_o00_s00?
ie=UTF8&psc=1
7 watt 120 volt PAR16 Medium Screw Base 2700K Dimmable Flood LED
7 watt 120 volt PAR16 Medium Screw Base
2700K Dimmable Flood LED
7 watt - 120 volt - PAR16 - Medium Screw (E26) Base - 2,700K -
Dimmable - Elite - Reflector Flood | TCP LED Ligh...
Exhibit B
From:Todd Nathan
To:Brian Garner; William Gray; Matt Pielsticker
Cc:Cathy Conroy
Subject:RE: last round of input, the 5705 DSC bulbs (7 watt, 40 watt eqiv., 40 degs, 2700K), DSC shade, RFC...
Date:Saturday, December 03, 2016 7:09:44 PM
Attachments:Stubbed Attachments.htm
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DSC06216.JPG (2.4M)
DSC06217.JPG (2.4M)
DSC06218.JPG (2.6M)
Guys, good evening.
This is what the final products look like (see photo attachments). Two sizes shown,
three angle configurations (~30 above), parallel to cup opening, ~30 degs below).
After much consideration, far too much, and time, far too much, and the love of God,
this is what we will be installing at 5705 and it looks to be clearly DSC compliant and
ToA compliant.
The 7 watt, 40 watt equivalent LED flat 40 deg bulbs point down, and are deep set
into the DSC compliant shade/cup. THe lights are 2700K or about that of
incandescent, as well they are 40 degs spread, or 20 from plumb line pointing down.
This is a long lasting, low heat, low light emitting E26 (mid sized) socket product with
lens. Its as best as we could find after hours talking to different professional and
commercial installation and suppliers. Many options were considered, this is the one
we choose for price, hotness, color of light, ease of use, longevity.
Unless the ToA has objections that are timely and founded, we'll move forward with
this configuration and consider the topic now closed.
Thank you for reviewing and giving prompt feedback.
Cheers, TN
Exhibit B
From:Todd Nathan
To:Gary Padilla; Cathy Conroy
Cc:Matt Pielsticker; William Gray
Subject:Re: no spray of any kind on 5705 wildridge road east....
Date:Monday, June 26, 2017 5:25:19 PM
Good afternoon Gary,
Yes, I will mitigate the noxious weeds in all easements on our land, in particular to your question the
one 10 foot frontage to the roadway. Tx. TN
Cheers.
From: Gary Padilla <GPadilla@avon.org>
To: Todd Nathan < >; Cathy Conroy < > Cc: Matt Pielsticker
<mpielsticker@avon.org>; William Gray <wgray@avon.org> Sent: Monday, June
26, 2017 1:30 PM
Subject: RE: no spray of any kind on 5705 wildridge road east....
Todd,
To confirm, you will be taking care of the noxious weeds from your property line to the
roadway. Typically the Town maintains ten feet from edge of asphalt for noxious weeds,
etc.
Let me know.
Thank you,
Gary
From: Todd Nathan [ Sent: Monday, June 26, 2017
10:33 AM
To: Gary Padilla; Cathy Conroy
Cc: Matt Pielsticker; William Gray
Subject: RE: no spray of any kind on 5705 wildridge road east....
Good morning Gary,
Per Matt's email and cc:ed to you... This is a follow up to my request for no spray on our property,
5705 (lot 79, block 4) in Wildridge, Avon, CO
I met up by chance in the AM last week with the contractor and his driver on the descent of wildridge
road east to the 4 way. I requested he stop for a min, and I inspected the concentrate bottle. He was
polite, cautious at first, and ultimately very helpful with my request and direction to not spray 5705 (lot
79, block 4) in wildridge east. To be clear, we forbid any spraying of any materials at any time without
our written permission, at all on our property, and on the easements of our property. I will take care of
physical mitigation as an on going practice to remove noxious weeds identified by the State of CO.
Please inform your current, and any subsequent contractors of our directive. Thank you for your
prompt attention and disbursement of this information.
Kind regards.
Exhibit B
From:Todd Nathan
To:Matt Pielsticker; Cathy Conroy
Subject:REQ: for 5105 address change, form filled out and returned
Date:Tuesday, May 12, 2015 10:32:13 AM
Attachments:Stubbed Attachments.htm
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5105 to 5705 Wildridge Rd E. - Request Address Change.pdf (141.7K)
Good morning Matt, attached is a PDF digitally completed and signed authorizing our
address to be changed for Lot 79, Block 4 from situs 5105 to 5705. Please proceed.
TN
From: Matt Pielsticker <mpielsticker@avon.org>
To: "todd.nathan@yahoo.com" <todd.nathan@yahoo.com>
Sent: Monday, May 11, 2015 2:04 PM
Subject: Address Change
Todd
Please fill this out and send in.
Matt
Matt Pielsticker, AICP
Planning Manager
Town of Avon
970.748.4413 (D) | 970.949.5749 (F)
www.avon.org
Exhibit B
From:Todd Nathan
To:William Gray; Dave Dantas; Matt Pielsticker; Jeff Shepard; Cathy Conroy
Subject:REQ: for clarity on a 2500-3250 riser (manway) in ground water tank install at 5705 as landscaping issue
only...
Date:Friday, August 05, 2016 12:41:23 PM
Attachments:Stubbed Attachments.htm
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acerotomold-tank_act2500-lpg.pdf (343.9K)
Good afternoon Willy and the other planner now in Matt's old office [Mark?],
Thank you both (please forward to him as well) for taking a moment with me in person
this morning assuring me that installation of an in-ground stand-alone water storage
cistern is a simple landscaping issue needing no permitting and that ToA doesn't
seem to have any issue with what I want to do.
You asked me to send an email, and that way we can in a paper trail confirm I'm good
to go with a 2500-3250 gallon cistern water storage in ground at 5705, that it doesn't
require review, and that its in no way tied to our permit or a need to extend/revise our
permit. Its my understanding this is a non issue, I'm verifying such before I go forward
with hiring an excavator.
- Failures (almost always minor, small leaks) are due if at all to poor location, poor
installation, poor maintenance. I have every reason to do this right. I've never heard
of a catastrophic tank failure, aka entire contents dumps at once.
- Cistern is made of pottable water rated plastic.
- Cistern is buried in the ground, deep enough (much of it at 4 feet or more) to not
freeze in the winter
- Installation is self contained, ~20 feet from the foundation and down hill from the
foundation, is not in the easement, there is no connection at all to the house, does
not tie into the house's water system (no state need for regulation on contamination
or use). This is a self contained water storage for personal use and emergency
needs (eg. Fires).
Please verify with me that it's OK to move forward, as well that there is no need to
worry or be concerned that a permit change or review is in need, and that there are
no regulations from the ToA regarding this stand alone, on property (not in easement)
installation.
Kind regards, TN
cc:CC, DD, MP, JS
Exhibit B
From:William Gray
To:Matt Pielsticker
Subject:Todd"s reply
Date:Friday, March 24, 2017 1:43:29 PM
From: Todd Nathan ] Sent: Thursday, March 23, 2017 11:05 PMTo: William Gray; Cathy ConroySubject: Re: Lot 80, Block 4 water easement violation [revisited] ...
Willy, thank you for the consult and advice. We'll see how this pans out. Cheers, TN
From: William Gray <wgray@avon.org>
To: Todd Nathan < >
Sent: Wednesday, March 22, 2017 12:44 PM
Subject: RE: Lot 80, Block 4 water easement violation [revisited] ...
Todd, Just like your property, as the snow melts and before the ground thaws there will be
a lot of items that show up that will be taken care of when the weather permits.
I would expect for you to contact your neighbor and ask them to bury the drain pipes
(weather permitting) back on their side of the property line. I would not cut their pipe
without their permission. This is an drainage easement and the pipes should terminate
within the easement.
From: Todd Nathan ]
Sent: Tuesday, March 21, 2017 10:00 AM
To: William Gray
Cc: Cathy Conroy; Charles McWilliams; Matt Pielsticker
Subject: Re: Lot 80, Block 4 water easement violation [revisited] ...
William, good Tues morning to you et. al.,
After the last email on Sept 28th 2016, within days Lot #80's black dual drain pipes
were pointed and on their own lot, on their side of the stairs left in the easement.
Noticed today they are now again encroached on our property over the property line.
Please consider this a complaint from #79 lot owner to the ToA regarding lot #80's
continued violations and have your Comm. Dev Staff and/or other code enforcement
to look into this issue (again?).
Regards, TN
cc: CC, CM, MP
Exhibit B
================== included email about this issue last Sept 28th
"Sorry for not getting back to you sooner.
Community Development Staff has looked at your complaint and after review we feel
there is no violation with the stairs in the easement, they are not permeant and can be
removed if necessary, the drainage goes downhill as it always did. The drain pipe will need
to be addressed and we will contact the owner and tell them the same.
Even though it may be not advisable to put the stairs in the easement they are not in
violation.
Regards, William Gray"
From: William Gray <wgray@avon.org>
To: Todd Nathan >
Cc: Matt Pielsticker <mpielsticker@avon.org>; Charles McWilliams <cmcwilliams@avon.org>
Sent: Wednesday, September 28, 2016 2:34 PM
Subject: RE: Lot 80, Block 4 water easement violations...
Sorry for not getting back to you sooner.
Community Development Staff has looked at your complaint and after review we feel
there is no violation with the stairs in the easement, they are not permeant and can be
removed if necessary, the drainage goes downhill as it always did. The drain pipe will need
to be addressed and we will contact the owner and tell them the same.
Even though it may be not advisable to put the stairs in the easement they are not in
violation.
Regards, William Gray
From: Todd Nathan [ ] Sent: Wednesday, September 21,
2016 2:53 PM
To: William Gray
Subject: RE: Lot 80, Block 4 water easement violations...
Good afternoon Willy,
Thank you for taking time today with me when I was looking for a hard copy of the
Wildridge Plat and Wildridge Protective Covenant. Particularly showing particular
interest in my concerns regarding applicability of law and the enforceability of the law
by the ToA regarding witnessed and cited violations.
Since you explained WPC and the ToA is complaint driven process, this email serves
as a formal complaint against the owners or renters of Lot 80, Block 4 in Wildridge,
Avon CO. for recurring violations.
On the east side property line of Lot 80, Block 4 there are two violations occuring
(see photos and below description).
1.Water is actively being diverted from Lot 80 onto Lot 79, east side of Lot 80's
house, down spout connected to black hoses which run to the property line flowing
water onto Lot 79. This is a recurring violation.
Exhibit B
2.Permanent structures (rebar and ties) are being installed (starting yesterday to the
best of my knolwedge) in the restricted use 7.5 foot water easement. Existing ties
exist as well, which are in violation as well. To my knowledge, per WPC there is no
perm structure allowed in the water easement, pre existing or new which divert water
from natural flow of water in the easement. Additionally existing aged ties are in
violation of the same portion of WPC.
Please use email (its best for me) to both ask questions which I will answer promptly
upon reading, and sending me a copy of the document you send to the owners of Lot
80 (assuming you do, as it seems this is public and official business).
I wish this complaint to be filed anonymously.
Kind regards, TN
Exhibit B
510 Nottingham Road
Case #REZ17001 Town Council Public Hearing 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: August 8, 2017 Meeting
Agenda Topic: PUBLIC HEARING on Development Case File #REZ17001, A Rezoning Application to
Apply the Short Term Rental Overlay (STRO) District to 510 Nottingham Road
ACTION BEFORE COUNCIL
Public Hearing and action on Development Case File #REZ17001, A Rezoning Application to Apply the
Short Term Rental Overlay (STRO) District to 510 Nottingham Road.
SUMMARY
The attached staff report and development case file (Exhibit A) was reviewed by the Planning and
Zoning Commission (PZC) at their July 18, 2017 meeting. The Commission voiced overwhelming concern
with isolating a review of this request, to allow short term rentals on a single residential property
without full consideration of potential impacts of short term rentals within the greater neighborhood.
The neighborhood was defined as the “Nottingham Road District” and essentially includes all residential
condominiums on Nottingham Road.
The attached PZC decision (Exhibit B) documents conflict with the review criterion addressing
compatibility. Section §7.16.050(c)(4) of the Development Code requires the consideration of
“compatibility with surrounding land uses”, and PZC did not find the use compatible. Other comments
by individual PZC members at the July18, 2017 meeting included the following:
Potential diminishing of long term rental inventory in the area.
Concerns that other properties in the area would apply if this application was approved, as
opposed to a holistic neighborhood approach.
Changing character.
Lack of public comments and concern that it could be considered ‘spot zoning’.
Effect on first time home buyers.
Traffic increase due to the nature of the property not being connected by sidewalk.
Staff’s recommendation of the application was contrary to that of PZC; it is documented in staff’s report
(Exhibit A). Staff found the impacts negligible as demonstrated with other short term rental properties
in Town. According to the Avon Comprehensive Plan, the property is located in District 9: Valley
Residential District; a district that includes Nottingham Road and Beaver Creek Boulevard. The Short
Term rental use in other properties within this District has not caused a measurable change in the
character of the area or Town as a whole. Staff would like to reaffirm its belief that this use is
compatible with surrounding land uses. Furthermore, Section §7.16.050(c) does not preclude the
individual zoning change, as presented. Staff still recommends approval of this application, and also
recommends a more comprehensive study of the potential effects of the overlay district as a whole.
510 Nottingham Road
Case #REZ17001 Town Council Public Hearing 2
AVAILABLE ACTIONS
1) DENY the application and uphold PZC’s Decision and recommendations.
Denial of Development Case File #REZ17001, a Rezoning Application to Apply the STRO
District to 510 Nottingham Road.
If a motion to deny the application is passed, Staff will bring formal written findings for
action at the August 22, 2017 meeting.
As recommended by PZC, initiate the review and public process to consider a STRO
District review of the entire Nottingham Road residential corridor.
2) CONTINUE the Public Hearing for a maximum of sixty-five (65) days from the initial hearing.
This action is permissible without applicant’s consent.
Not later than the September 12, 2017 Avon Town Council meeting.
3) CONTINUE the Public Hearing for a maximum of ninety-five (95) days from the initial hearing.
This action is only permissible with applicant’s consent.
Not later than the October 10, 2017 Avon Town Council meeting.
4) APPROVAL of the application and staff’s recommendation
If a motion to approve the application is passed, Staff will bring back formal written
findings for action at the August 22, 2017 meeting.
ATTACHMENTS
Exhibit A: Staff Report to PZC & Development Case File #REZ17001 Application Materials
Exhibit B: PZC Decision
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
1
Staff Report – Rezoning
July 18, 2017 Planning & Zoning Commission Meeting
Project file Case #REZ17001
Legal description Lot 44, Block 1, Benchmark at Beaver Creek Subdivision
Current Zoning Residential Low Density (RL)
Proposed Zoning Short Term Rental Overlay (STRO)
Address 510 Nottingham Road
Prepared By Matt Pielsticker, Planning Director
Introduction
The attached application (“Exhibit A”) calls for a rezoning; it would overlay a property with the
Short Term Rental Overlay (“STRO”) District. The subject property contains a triplex, is located
on Nottingham Road, and is currently zoned for Residential Low Density (“RL”). The Planning
and Zoning Commission (“PZC”) will review the application and conduct a public hearing on
July 18, 2017. After reviewing staff’s analysis and considering public input, PZC will forward a
recommendation to the Town Council.
Background
Staff was approached by the Unit A owner in the Alpenhaus condominiums earlier this year
inquiring about the process to permit short term rentals in his unit. Staff advised the owner of
the process and subsequently he acquired Elizabeth Gross and Kristin Mcnight to represent him
for the public hearings. During the due diligence when putting together the application, the
other two owners in the building provided consent to the proposed use taking place on the
entire property.
Process
The review process first requires a noticed public hearing with PZC. Final action is taken on the
Application by Town Council after conducting public hearings and either approval by Ordinance
or denial by motion.
Background
Long after the platting of the Benchmark at Beaver Creek Boulevard Subdivision, which split
the Town into residential, commercial, and park areas, the Town adopted a zone district map to
mimic the general layout and intensity of land uses. The STRO district was created in 2009 as a
way to outright permit short term rentals in a large majority of the valley floor area. During the
Staff Review &
Report
PUBLIC HEARING:
PZC
Council & 1st
Reading of
Ordinance
PUBLIC HEARING:
Council & 2nd
Reading of
Ordinance
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
2
public hearings related to the creation of the STRO, several iterations of the map were
presented to the Town Council and public for review. Most of the early versions of the overlay
district included areas of Nottingham Road, Eaglebend Drive, and even the Wildridge
Subdivision. A determination was made that the STRO could not legally be overlaid on PUD
zone districts (i.e. Wildridge, Eaglebend), and through further modifications to the approving
Ordinance Nottingham Road was dropped out of the overlay area during Council approvals in
2009. The map below is the current STRO in orange, with some of the PUD districts that
explicitly permit short term rentals in green.
Property Description
510 Nottingham measures ½ acre and was developed in 1979-1980. Typical to other properties
on Nottingham Road, an angled sloping driveway climbs up from the road and wraps around to
access the building from the North side. This allows for the structure to open up to the
southern views of Beaver Creek Resort.
The property is bounded on the west by Snowrun Condominium Triplex; south by Nottingham
Road and Interstate 70; on the north by Town of Avon Open Space, and on the east by the
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
3
Anointed Christian church. Further to the West on Nottingham Road the zoning changes to
Light Industrial and Commercial and eventually to open space.
Rezoning Review Criteria Analysis
As outlined in Sec. 7.20.060(b), the RL district “is a mixed dwelling district intended to provide
sites for single-family, two-family, and multi-family dwellings either in traditional neighborhoods
or in a setting with a mix of dwelling unit types. This district implements the residential low
density classification of the Avon Future Land Use Plan and can be located as a transitional use
between lower density single family development and medium density or mixed-use development.
Residential low density should be located along a local road.”
The review process and review criteria for zoning amendments are governed by AMC §7.16.050,
Rezonings. PZC shall use the criteria below as the basis for a recommendation on the
Application. Staff responses to each review criteria are provided.
(1) Evidence of substantial compliance with the purpose of the Development Code;
The entire Purpose statement section from the Development Code (Section 7.04.030 -
Development Code Purposes) is outlined for reference:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas;
regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and
other uses within such areas; establish standards to which buildings or structures shall conform;
establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets
and roadways, promote effective and economical mass transportation and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
4
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage, schools, libraries,
police, parks, recreation, open space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural
hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into
streams and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of life
stages and promotes a balanced, diverse and stable full time residential community which is
balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by
promoting accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
Staff Response: The character of the development would remain residential and consistent
with the intent of the zone district classifications of the Town.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The rezoning application will provide consistency with the Comprehensive Plan,
and supporting planning documents listed above. The property is located in District 9: Valley
Residential District. The area includes all of the residential on Nottingham Road, Beaver Creek
Boulevard and the Aspens Village.
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
5
The planning principles for this district deal primarily with improving connectivity,
wayfinding, and pedestrian improvements. General land use goals and policies from the
Avon Comprehensive Plan worth noting include:
Goal B.1: Provide a balance of land uses that offer a range of housing options,
diverse commercial and employment opportunities, inviting guest
accommodations, and high quality civic and recreational facilities
that work in concert to strengthen Avon’s identity as both a year-
round residential community and as a commercial, tourism and
economic center.
Policy B.2.2: Promote a wide range of residential uses throughout the Town.
(3) Physical suitability of the land for the proposed development or
subdivision;
Staff Response: The Property is physically suitable for the proposed development as a
standalone residential project with unit(s) containing short term rentals. The
driveway is capable of holding vehicles and owners/guests simultaneously.
(4) Compatibility with surrounding land uses;
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
6
Staff Response: With the exception of the church immediately east of the property,
the majority of the surrounding land contains residential land uses, including deed
restricted housing. The occasional use of the property for short term rentals appears
to be compatible on the scale proposed. The subject property is confined with its own
driveway access and parking area separate from adjacent projects. No inherent
conflicts with the church or potential future residential project to the east are
anticipated. It should be noted that from a pedestrian perspective the property is
somewhat isolated from the core of Town and other public amenities including no
sidewalk connection or bus routes nearby. Crossing Nottingham Road on foot is
dangerous and therefore guests would likely need to arrive by vehicles.
(5) Whether the proposed rezoning is justified by changed or changing
conditions in the character of the area proposed to be rezoned
Staff Response: While the conditions of the area have not changed, the online rental
business has continued to evolve rapidly. Since the STRO district was created in 2009,
the environment for owners to market their properties and for guests in resort areas
to shop for rentals has changed considerably.
(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;
Staff Response: No additional facilities are required to serve the development if short
term rentals are implemented.
(7) Whether the rezoning is consistent with the stated purpose of the
proposed zoning district(s);
Staff Response: The property is located in the middle of a RL zoned portion of Town
which according to the stated purpose of the RL district ”can be located as a
transitional use between lower density single family development and medium density
or mixed-use development. Residential low density should be located along a local
road.” The property is near the transition from residential to light-industrial
commercial land uses.
The STRO district is intended to ”allow short term rentals of properties, including but
not limited to accommodate, apartments, bed and breakfast, condominium, hotel,
lodge, motel and residential properties.” If the property was rezoned with the STRO
district it would continue to be subject to all underlying requirements of the RL zone
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,
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
7
stormwater management, wildlife, and vegetation, or such impacts will be
substantially mitigated;
Staff Response: Staff does not anticipate any adverse impacts upon the natural
environment compared to the existing zoning. No substantive changes to air, water,
noise, etc. are expected.
(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;
Staff Response: No substantial impacts to other properties in the vicinity are
envisioned with a STRO district applied to the property. Future uses to the east could
intensify and include more residential development, as permitted in the RL district,
however the rezoning is not likely to impact those future adjacent uses.
(10) For rezoning within an existing PUD, consistency with the relevant PUD
Master Plan as reflected in the approval of the applicable PUD; and,
Staff Response: The rezoning is not within an existing PUD and this criterion is not
applicable.
(11) Adequate mitigation is required for zoning amendment applications which
result in greater intensity of land use or increased demands on public facilities and
infrastructure.
Staff Response: The intensity of use is comparable to existing residential uses.
Incremental changes to the character of the property do not increase demands on
public facilities or infrastructure. Vehicle trips would not change in a measurable way.
Available Options
1. Continue the Public Hearing to a date certain, pending additional information.
2. Approve Findings of Fact and Record of Decision recommending that the Town Council
approve the application, together with findings.
3. Approve Findings of Fact and Record of Decision recommending that the Town Council
deny the application, together with findings.
Staff Recommendation
Staff recommends approval as explained herein. If amendable, PZC can direct Staff to prepare
a formal Findings of Fact, Record of Decision, and recommendation to Council pursuant to
Section 7.16.020(f)(3), Findings, to be presented to the Council for final action.
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
8
Recommended Motions and Findings:
“I move to recommend Town Council approval of Case #REZ17001, an application for rezoning of
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision, together with the findings of fact.”
The following Findings may be applied:
1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon
Development Code, and is found to be in substantial compliance with the review
criteria and Avon Comprehensive Plan, as outlined in the staff report for the July 18,
2017 public hearing.
2. The Application is substantially compliant with the purpose statements of the
Development Code by providing for the orderly, efficient use of the Property, while
at the same time conserving the value of the investments of owners of property in
Town.
3. Short term rentals on the property would be compatible and pose negligible
impacts upon the current and future potential uses of neighboring properties.
Exhibits
A –Vicinity Map with Zoning
B - Application Materials
Exhibit A
July 18, 2017 PZC Meeting
Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning
9
Exhibit A
Aerial Photograph
Zoning Map
Exhibit A
Exhibit BExhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit BExhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B Exhibit A
Exhibit B
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: August 8, 2017
Agenda Topic: Authorization to Issue Notice of Award for the 2017 Street Improvements Project
ACTION BEFORE COUNCIL
Authorize the Town Manager to issue Notice of Award for construction of the 2017 Street
Improvements Project, as approved in the Town of Avon 2017 Capital Projects Fund (CPF), and give
direction on whether to incorporate the Nottingham Road sidewalk to the project.
PROPOSED MOTION
I move to authorize the Town Manager to issue the Notice of Award for the 2017 Street Improvements
Project contract to the low bidder Oldcastle SW Group, in the amount of $1,073,413.
DISCUSSION
Staff advertised the 2017 Street Improvements Project for (3) weeks and the Bid Opening was held
on August 2, 2017. Two bids were received, one from Elam Construction, Inc., with a base bid of
$1,439,859 and a second bid from Oldcastle SW Group, Inc., with a base bid of $1,250,366 and
including several bid alternates a total bid of $1,644,927.
With both bids being higher than the Capital Projects Fund estimated budget of $1,150,660, staff is
recommending the 2017 Street Improvements Project consist of:
1. Asphalt milling, repair, overlay and striping of Nottingham Road, East Benchmark Road, and
Beaver Creek Place.
2. The Project also includes replacement of select sections of concrete curb and gutter,
replacement of concrete sidewalk and curb ramps to achieve ADA compliance.
3. An approximate 350’ long section of paved parking is included in the Nottingham Road work
west of Metcalf Road.
The resurfacing of Eaglebend Drive will be delayed and rescheduled into the 5-year CPF budget.
Eaglebend Drive is recommended to be delayed because it has the lowest traffic counts of the
selected road segments.
Nottingham Road Sidewalk Bid Alternate
A bid alternate for the addition of approximately 650’ of concrete sidewalk on the north side of
Nottingham Road from Buck Creek Road to 0230 Nottingham Road was included in the bid package
per previous Council direction. The bid alternate came in at $283,900 and is not in the 2017 CPF
budget. Staff is requesting direction if it should be added to the 2017 Street Improvements program.
Page 2
The most important consideration for including the sidewalk is timing with the Nottingham Road
paving. If not included at this time, the sidewalk could follow in a later phase, but that would include
cutting of the new pavement and patching once the sidewalk goes in.
Funding for the sidewalk can be accomplished, if Council desires. It is expected there will be
approximately $115,000 remaining in the Capital Projects fund (CPF) contingency and $110,000
available in unrestricted reserves in the CPF for a total of $225,000. The remaining $58,900 can be
obtained from the $1,000,000 CPF fund balance. If Council wishes to appropriate these monies, a
resolution will be prepared for the August 22nd meeting.
Construction Schedule: The proposed work is anticipated to begin in mid to late August and be
completed by November 1, 2017.
The 2017 Street Improvements Project will restrict access or require temporary lane closures during
construction. Outreach to citizens, businesses, and emergency services will be coordinated by Staff
and the Contractor.
BUDGET:
The construction Contract for the Project will be funded from the 2017 Street Improvements Projects as
approved in the Town of Avon 2017 Capital Projects Fund. The Project cost estimate is shown in the
table below, and includes 5.8 % contingency.
2017 Street Improvements Project Cost Estimate
Available Funds Budget $1,150,660
Construction Cost $1,073,413
Geotechnical Testing Services $15,000
Contingency (5.8 %) $62,247
Total $1,150,660
RECOMMENDATION:
Staff requests Council authorization to award the 2017 Street Improvements Contract to the low
bidder, Oldcastle SW Group, in the amount of $1,073,413.
In addition, staff seeks direction on the addition of the Nottingham Road Sidewalk bid alternate at
$283,900 which is not currently budgeted and requires a future budget amendment.
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
August 8, 2017
Ms. Paula Peterson
District Recreation Program Manager
Eagle-Holy Cross Ranger District
PO Box 190
Minturn, CO 81645
Re: EagleVail Trail Extension Project #52056
Dear Paula:
On behalf of the Avon Town Council, who approved this letter, at our August 8, 2017, regular meeting,
we wish to share our support for the proposed trail connecting the EagleVail community’s trail system
to Meadow Mountain. It is our understanding the EagleVail Trail Extension Project significantly
accomplishes connecting front doors to Forest Service Trails, and that it will be used as a convenient
connection for users choosing to link hikes, runs and bike rides with other trails, including Meadow
Mountain, Cougar Ridge and Whiskey Creek, when it is reopened. A user can connect into Avon’s
nearby West Avon Preserve Trails, particularly the Avon Singletree Connector Trail, by adding a little
road travel into a ride or hike.
We applaud the grass roots volunteer efforts, which are promised to this trail extension and the
cooperation of the Forest Service. The creation of the EagleVail Trail Extension will model a significant
citizen and government partnership that creates a linked trail system that citizens and visitors will enjoy.
Thank you for your thoughtful consideration in approving this trail connection.
Sincerely,
Mayor Jennie Fancher
cc: Avon Town Council
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members
present were Amy Phillips, Jake Wolf, Scott Prince and Sarah Smith Hymes. Megan Burch and Matt
Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy
Chief of Police Coby Cosper, Recreation Director John Curutchet, Assistant to the Town Manager Preston
Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Start time: 10:49 Part One
Mayor Fancher requested a discussion regarding the recent Lyle Lovett concert and closing certain areas
of the park during ticketed Town events. Councilor Wolf moved to add the discussion as work session
item 6.3 on the agenda. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously
by Council present. Councilor Burch and Councilor Gennett were absent.
3. MEETING PROCEDURES FOR THE MEETING OF JULY 25, 2017
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 13:43 Part One
Councilor Gennett arrived at 5:16 p.m.
Charles Frey, owner of Ticino restaurant, said he has no problem with the proposed prohibition on
plastic bags. Charles expressed opposition to the proposed $0.10 cent fee for paper bags. Staff
was asked to look at not imposing a $0.10 cent fee for paper bags on other retailers during Phase 2
of the proposed plastic bag ban.
Alex Ballesteros commented on the price of tickets for events.
5. TOWN OF AVON RECREATION DEPARTMENT COMMUNITY SWIM PROGRAM PRESENTATION
(RECREATION DIRECTOR JOHN CURUTCHET)
Start time: 19:50 Part One
John Curutchet delivered a presentation on the Town’s Community Swim Program.
Councilor Phillips said she would really like to see the Town make an effort to get students from
Homestake Peak School involved in the program. She also said she would like to see adults
included in the Learn to Swim Program. Councilor Phillips asked about the possibility of Avon
hosting a competition. John Curutchet responded that they are in the process of securing a swim
meet, a two day event, in August 2018.
6. WORK SESSION
Start time: 51:09 Part One
6.1. COUNCIL DIRECTION REGARDING PROHIBITING SMOKING AT ANY OUTDOOR TOWN VENUE DURING A TOWN
SPONSORED SPECIAL EVENT (COUNCILOR SCOTT PRINCE)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
Councilor Prince started the discussion by expressing his support for prohibiting smoking at any
outdoor Town venue during a Town sponsored event, whether free or ticketed.
Council provided direction to staff to continue the practice of designated smoking areas. Staff
will work with Avon LIVE! representatives to locate another area to serve as the designated
smoking area. There was not a consensus to bring to Council an ordinance on this matter.
6.2. COUNCIL DIRECTION REGARDING HARRY A. NOTTINGHAM BEACH PARKING
(RECREATION DIRECTOR JOHN CURUTCHET)
Start time: 77:16 Part One
Council agreed to move forward with option two, which was staff’s recommendation. Direction
was provided to reduce the speed limit to 15 mph through the stretch of West Beaver Creek
Boulevard where parking is allowed on the north side of the street. Direction was also given to
staff to impose a time limit of three hours on the spots available to the public in Lot 16. Finally,
direction was provided to allow staff the flexibility to determine what works in terms of drop
off spots in Lot 16. Staff will continue to improve signage.
6.3.COUNCIL DIRECTION REGARDING CLOSING THE PARK DURING TICKETED SPECIAL EVENTS
Start time: 00:01 Part Two
Consensus was reached to close the areas of the park that were closed during the Lyle Lovett
concert, including the beach, for the Ben Harper concert on September 15th. The Ad Hoc Special
Events Committee will look at some of these items and make recommendations to the Town
Council at a future date. For future ticketed events, an “Avon Local” ticket price will be
explored.
7. ACTION ITEM
Start time: 46:51
7.1. PUBLIC HEARING ACTION ON AN OUTDOOR USE OF AMPLIFIED SOUND PERMIT FOR THE BEC TRI EVENT ON
AUGUST 5, 2017 (VAIL VALLEY CHARITABLE FUND – C. MICHELLE MALONEY)
The application was presented by Michelle Maloney, who was present to answer questions and
talk about the event.
Councilor Wolf asked that the speakers for the announcements be aimed away from the
residences located along the north side of Nottingham Park.
Mayor Fancher opened the public hearing and no comments were made. Mayor Pro Tem Smith
Hymes moved to approve the Outdoor Use of Amplified Sound Permit for the Vail Valley Charitable Fund,
on Saturday August 5, 2017, from 6:00 a.m. to 11:00 a.m. Councilor Phillips seconded the motion and it
passed unanimously by Council members present. Councilor Burch was absent.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
7.2. RESOLUTION 17–16 ADOPTING THE TOWN OF AVON 2017 – 2019 STRATEGIC PLAN
(TOWN MANAGER VIRGINIA EGGER)
Start time: 51:50 Part Two
Council members provided various modifications to the Town of Avon 2017-2019 Strategic Plan.
Mayor Pro Tem Smith Hymes moved to approve Resolution 17-16, adopting the Town of Avon
2017-18 Strategic Plan. Councilor Gennett seconded the motion and it passed unanimously by Council
members present. Councilor Burch was absent.
7.3. RESOLUTION 17-12 SUPPORTING LOCAL AND FEDERAL CLIMATE ACTION AND INCLUDING THE TOWN OF AVON
AS A SIGNATORY ON THE MAYORS NATIONAL CLIMATE ACTION AGENDA (MNCAA) OPEN LETTER TO THE
PRESIDENT (COUNCILOR SCOTT PRINCE)
Start time: 63:03 Part Two
Councilor Wolf moved to approve Resolution 17-12, Supporting Local and Federal Climate Action
and including the Town of Avon as a Signatory on the Mayors National Climate Action Agenda
(MNCAA) Open Letter to the President. Councilor Prince seconded the motion and it passed
unanimously by Council members present. Councilor Burch was absent.
7.4. CONSENT AGENDA
Start time: 64:20 PART TWO
7.4.1. APPROVAL OF RESOLUTION 17-17 SWIFT GULCH WATER AND SEWER EASEMENTS
(TOWN ENGINEER JUSTIN HILDRETH)
7.4.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT (TOWN ATTORNEY ERIC HEIL)
7.4.3. APPROVAL OF MINUTES FROM JULY 11, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Phillips moved to approve the consent agenda. Mayor Pro Tem Smith Hymes
seconded the motion and it passed unanimously by Council members present. Councilor Burch was
absent.
7.5. RESOLUTION 17-15 ADOPTING A TOWN COUNCIL CODE OF CONDUCT
(CIRSA GENERAL COUNSEL TAMI TANOUE & TOWN ATTORNEY ERIC HEIL)
Start time: 64:42 Part Two
No action taken. Direction was provided to staff to look at the Town Council Handbook to see if a
Code of Conduct document of some sort would be a good fit in that document.
8. WRITTEN REPORTS
8.1. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY JUNE 22, 2017, REGULAR BOARD MEETING
8.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)
8.3.GIFT REPORTING – LYLE LOVETT AND HIS LARGE BAND GENERAL ADMISSION TICKETS
(ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 4
9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES)
Start time: 173:56 Part Two
Councilor Wolf discussed Bravo! Vail returning to Avon in 2018.
Mayor Pro Tem Smith Hymes complemented Town staff on implementing the Climate Action Plan.
Mayor Fancher talked about upcoming special events.
10. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 9:50 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Sarah Smith Hymes ________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
Landscape Code Work Session 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: David McWilliams, Planner
Joe Histed, Parks Supervisor
Matt Pielsticker, Planning Director
Meeting Date: August 8, 2017 Meeting
Agenda Topic: Landscaping Code Work Session
ACTION BEFORE COUNCIL
No action necessary on August 8.
SUMMARY
The Avon Town Council 2017-18 Strategic Plan highlights the Landscape Code, Section 7.28.050 of the
Avon Municipal Code (“AMC”) for an update. Specifically, the Strategic Plan, Tier 1 Priority, states:
Amend the Town’s landscape code to more effectively replace vegetation which has been
removed
With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce
water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River
Assess the Town's public tree stock in the park and in right-of-ways for timely replacement
Proactively ensure trees on public and private property do not host and spread viruses; remove
dead trees with a well-developed landscape program
The purpose of the August 8, 2017 work session is to update the Avon Town Council on the progress
made thus far, alert Council to the upcoming workshop with Eagle River Water and Sanitation staff, and
confirm next steps of this code update process. Through research, collaboration with other Town
departments, collaboration with the Eagle River Water and Sanitation District (ERWSD) staff, and work
sessions with the Planning and Zoning Commission (“PZC”), planning staff has prepared various code
amendments to address the outlined goals. Relevant sections with amendments are noted with
parentheses for reference.
VEGETATION REPLACEMENT
Amend the Town’s landscape code to more effectively replace vegetation which has been
removed
Within the Landscape Code, the removal of “significant trees” (AMC 7.28.050(g)) is prohibited unless
replaced at a rate of 2:1 with new trees. Replacement of non-significant trees is encouraged. With
many trees in Avon reaching maturity and past planting practices leading to unintended consequences,
these regulations are oftentimes not feasible and are causing difficulty in the tree removal approval
process. Working with PZC, the proposed code amendments recommend the code include a section
allowing for more staff discretion to approve removal (and replacement with other landscaping) without
Landscape Code Work Session 2
reaching the level of an Alternative Equivalent Compliance hearing in front of PZC. The criteria for
alternative plantings will accompany upcoming hearings.
WATER EFFICIENCY
With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce
water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River
The attached (Exhibit A) draft redline strikethrough of the Landscape Code achieves several benefits to
the Town that are generally based on best practices from the Irrigation Association (a group promoting
efficient irrigation), initiatives from other local governments in the high desert, adjustment of landscape
unit incentives, or clarification of wording. The following issues are addressed:
Increased credits for no-water lawns or planting (Table 7.28-7)
Increased credits for existing and retained landscape material (Table 7.28-7)
Extend current maximum irrigated percentage to a maximum square footage area for large lots
(Table 7.28-6)
Promote drip irrigation where appropriate (7.28.050(g)(5)(ii)(G))
Require soil amendment to increase moisture retention (7.28.050(g)(5)(vii))
Require that temporary irrigation be only above-ground (7.28.050(g)(5)(iv))
Discourage large plantings (trees) on utility easements (7.28.050 (e))
Require irrigation plans and planting plans (7.28.050(g)(5))
Include relevant sections of the Irrigation Association’s Model Irrigation Ordinance
(7.28.050(g)(5)(ii))
Staff feels that this an adequate first step in achieving water use reduction in new development, but
may need further revision to fully achieve the intent of the Strategic Plan. That is, while the proposed
changes incentivize reduction in irrigation and require measures that monitor and control water flow,
there is no codified limit to the amount of water applied.
Staff seeks input for further changes to the landscape code that would limit the amount of water applied
to landscaping. Nationally, and increasingly in Colorado, communities are codifying water budgets to
limit the amount of water used to maintain landscaping. A Maximum Applied Water Budget is defined
as: the upper limit of annual applied water (supplemental irrigation water) for the established
landscaped area.
Many communities define their budgets based upon the area’s reference evapotranspiration rate and
require applicants to demonstrate budget compliance through a formula that accounts for water uptake
(high or low water use plants) and irrigation efficiency (spray or drip). Staff recommends this direction
due to its relative ease for applicants and staff, and its relative universality within the country.
SONORAN INSTITUTE
Town staff will be joining ERWSD September 11-13 to attend the Sonoran Institute and Lincoln Institute
of Land Policy’s Growing Water Smart Workshop. The goal of the workshop is to better integrate land
use and water planning to make more efficient use of our water supply. The team includes Eagle County
staff, Town staff, and ERWSD staff representatives. Expected outcomes of the workshop include
bridging the gap between local land use approvals and water district monitoring, as well as improved
irrigation efficiency. As mentioned above, water budgeting is expected to be one of the key approaches
Landscape Code Work Session 3
to achieving water efficiency goals moving forward. If pursued, staff would come back with additional
code amendments for consideration following the workshop.
PUBLIC TREE STOCK ASSESSMENT
Assess the Town's public tree stock in the park and in right-of-ways for timely replacement
The Town’s parks department staff works with 2 local arborists to evaluate all public tree stock. Each
spring the arborist completes an annual arbor care plan. The annual care plan includes spraying and
other treatment measures to effectively treat new scale issues. This year the decision to treat some
trees by applying insecticide to the base was chosen to decrease the chance that pollinators would
contact the insecticide. While this new approach to treatment is considerably more expensive than
spraying, it has been found to be safer, more effective, and cap
With a continued proactive approach to the Town’s public tree stock, scale has been under control and
we can monitor and spray sections typically every 2-3 years vs. annually. Annual budget for arbor care
is currently $13,500 for all spraying and tree removal. The 2018 proposed budget will increase to
$18,000 in order to include other Right-of-Way locations including: Avon Road, Post Boulevard, Lot 5,
and Eaglebend trees.
If trees are beyond the point of treatment or do not respond adequately to treatment methods, the
parks department utilizes an arbor company for removal if Town staff cannot complete removal. For
reference the cost to remove a mid-size tree is approximately $400-500. If a bucket truck is needed for
a large tree, the cost can increase to the $1,500-2,000 range.
Currently, parks staff is working with another arborist on mapping, assessing, and placing a valuation on
our entire urban forest. This project is to be completed later this year or early next year. The estimated
total annual time to monitor trees is approximately 40 hours and is split between Joe Gilles and Joe
Histed, who are both International Society of Arboriculture (“ISA”) Certified Arborists.
DISEASED TREES
Proactively ensure trees on public and private property do not host and spread viruses; remove
dead trees with a well-developed landscape program
In addition to the work being done with our public tree stock, proposed code changes (Exhibit A –
Section 8.36.100) will allow notification and remediation of diseased trees on private property. The
approach is similar to noxious weed enforcement and is appropriately coupled with that existing code
language.
NEXT STEPS
Public notification and hearing before PZC
Town Council consideration of Ordinance
September Water Smart Workshop
ATTACHMENTS
Exhibit A: Draft Strikethrough of Section 7.28.050 and Section 8.36.100, Avon Municipal Code
Exhibit B: Growing Water Smart Workshop Application, dated July 10, 2017
7.28.050 - Landscaping.
(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town:
(1) Integrates building sites with natural topography and existing vegetation;
(2) Minimizes disturbed areas;
(3) Conserves Respects the limitedations and best uses of water resources;
(4) Reduces water use and off-site impacts, which can affect the Eagle River;
(5) Reduces the amount of reflected glare and heat absorbed in and around developments;
(65) Breaks up large expanses of parking lots; and
(76) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses.
(b) Applicability. This landscaping Section shall apply to all new development and redevelopment as
provided in Subsection 7.28.010(b), Applicability. Applicability of the provisions of this Section shall be as indicated in Table 7.28-6 below.
(c) Required Landscaped Area. Minimum landscaped area and maximum irrigated area for each zoning
district shall be as indicated in Table 7.28-6, below.
_______________________________________
Table 7.28-6 Minimum Landscaped Area and Maximum Irrigated Area by Zoning District
Zoning Districts
Minimum Landscaped
Area
(% of Gross Lot Size)
Maximum Irrigated Area
(% of Landscaped Area)
Maximum Irrigated
Area
(Total Square
Footage)
NC, MC, TC, IC 20 20 5,000
RSF, RL, RM, RH 25 20 5,000
P, PF, OLD 0 n/a n/a
_______________________________________
(d) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use abuts a residential district or use:
(1) A minimum fifteen-foot-wide buffer space shall be provided.
(2) The buffer shall be designed with adequate landscaping or screening to properly separate the differing uses.
(3) New trees and shrubs shall be evenly spaced at planting.
Page 1
Exhibit A
(4) A solid masonry wall, minimum six (6) feet in height, may be substituted for required shrubs.
(5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(6) If used in addition to a landscape screen, fences shall have additional evergreen shrubs planted on the residential side of the fence.
(7) Mechanical equipment, permanent detention and temporary erosion and sedimentation control
basis are prohibited in the buffer area.
(8) Utility easements should avoid being placed in the long dimension of a buffer yard.
(9) Wherever practical, pedestrian access shall be placed through the buffer yard.
(e) Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping shall be provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped area,
whether irrigated or not. At least twenty-five percent (25%) of all required landscape units shall be provided as trees. Significant landscaping features (trees, etc.) within utility easements will not earn
landscaping units. The following table indicates the landscape units awarded for various preserved
or planted landscape materials:
Table 7.28-7 Landscape Units Awarded
Landscape Material
Landscape Units Awarded
Newly Installed Existing
Retained
Evergreen tree, > 10’ ft. high 8 14
Evergreen tree, > 8—10’ ft. high 8 11
Evergreen tree, 6—8’ ft. high 6 9
Evergreen tree, <6’ high 1 2
Deciduous tree, > 8" caliper 10n/a 14
Deciduous tree, > 4—8" caliper 8n/q 11
Deciduous tree, > 2.5—4" caliper 7 9
Deciduous tree, 1.5—2.5" caliper or multi-stem 4 4
Deciduous tree < 1.5” caliper 1 2
Shrubs, 5-gallon 1 1.2
Page 2
Exhibit A
Shrubs, 3-gallon 0.8 0.9
Shrubs, 1-gallon 0.5 0.6
Perennials/ground cover 1 per 400 sq. ft.
Annual flower bed 1 per 400 sq. ft.
Xeriscapeing ground cover 1 per 800 400 sq. ft.
Flower basket support 0.2 per basket
Earthen berm, minimum 18" high 0.05 per linear foot
Hardscape Material Units Awarded
Split rail fence 0.20 per linear foot (0 in
Wildridge)
Screening (opaque) fence 0.40 per linear foot (0 in
Wildridge)
Shredded bark or 3"+ rock mulch such as river rock 1 per 500 sq. ft.
Ornamental pavers 1 per 250 sq. ft.
Landscape boulders, 3' or greater in height 1 per boulder
Seating 0.40 per linear foot
Landscape lighting, sculpture, art, water feature and/or
sheltering structure/landmark As determined by Director
Retained Existing Vegetation Mass Landscape Unit Bonuses Bonus Landscaping Units
Awarded
300 + sq. ft. of native vegetation 10%
300 + sq. ft. with a minimum of 3 deciduous trees (4" caliper
or greater), 3 evergreen trees (minimum 6 feet high) or any
combination thereof
15%
Page 3
Exhibit A
500 + sq. ft. with a minimum of 5 deciduous trees (4" caliper
or greater), 5 evergreen trees (minimum 6 feet high) or any
combination thereof
20%
800 + sq. ft. with a minimum of 8 deciduous trees (4" caliper
or greater), 8 evergreen trees (minimum 6 feet high) or any
combination thereof
25%
80% or more of total landscaped area on temporary irrigation 50%
(f) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street surface parking lots., except those in the TC district, as provided below.
(1) Parking Lot Perimeter Landscaping:
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all parking lots having more than three ten (103) spaces where the parking lot is adjacent to a
public street or a nonretail or industrial use such as a residential area, institutional use (e.g., hospital) or office.
(ii) The parking lot perimeter landscaping shall achieve a minimum of one and two-tenths
(1.2) landscape units per lineal foot. A minimum of eighty (80) percent of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a
minimum of thirty (30) inches in height and may consist of a berm, wall, plant material or
combination thereof.
(iii) Where lots are being developed in a mixed-use district, the parking lot perimeter
landscaping requirement may be reduced along an interior lot line, at the discretion of the
Director, provided that interior parking lot landscaping applies to both parking lots.
(2) Internal Landscaping:
(i) Landscape strips shall be installed between the parking rows of every other double row of
parking when parking rows exceed fifty (50) parking spaces.
(ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a
parking row, either within the parking row or at the end of the parking row.
(3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1)
break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped areas.
(4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate
pedestrians from vehicles. Internal landscape islands shall:
(i) Be a minimum of six (6) feet in width.
(ii) Be at least two hundred (200) square feet.
(iii) Be sunken below the level of the parking lot surface to allow for runoff capture.
(iv) Have a minimum of four (4) five-gallon deciduous shrubs and one (1) deciduous tree a minimum of two and one-half (2.5) inch caliper per two hundred (200) square feet.
Page 4
Exhibit A
(iv) Incorporate deciduous shrubs, deciduous trees, perennials, and grasses for seasonal color in
each island.
(vi) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of fifty percent (50%) nonliving landscaping material. Approved sidewalks are not counted
toward the nonliving landscape material percentage.
(5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate pedestrians from vehicles. Internal landscape strips shall:
(i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii) Include a four-foot-wide sidewalk and a six-foot-wide planting strip.
(iii) Meet planting requirements for interior landscape islands, as outlined above.
(6) Parking Lot Landscaping in the TC District. Any boundary of a surface parking lot in the TC district that abuts a public street or alley or lot used for detached residential dwellings shall be
landscaped according to this Subsection.
(i) For corner-lot buildings with side-yard parking, the boundary between the parking lot and the street-facing side property line shall be landscaped or screened adjacent to the right-of-way
according to one (1) of the following options:
(A) A minimum four-foot-wide planting strip containing a low, continuous hedge a minimum of thirty (30) inches tall at maturation consisting of a double row of evergreen shrubs planted a
minimum of three (3) feet on-center in a triangular pattern; or
(B) A minimum two-foot-wide planting strip containing an ornamental metal fence or masonry wall, with a minimum height of three and one-half (3.5) feet and a maximum height of four (4)
feet, combined with a single row of shrubs planted a minimum of three (3) feet on-center.
(ii) For all other parking lot boundaries, the boundary shall be landscaped or screened according to one (1) of the following options:
(A) A minimum two-foot-wide planting strip containing a single row of shrubs planted a minimum of three (3) feet on-center combined with a minimum three-foot-high ornamental metal fence or masonry wall of materials compatible with the primary structure. In the place of shrubs,
deciduous shade trees may be planted a minimum of ten (10) feet on-center along the common boundary line; or
(B) A minimum four (4) foot wide planting strip containing a low, continuous hedge a minimum of
thirty (30) inches tall at installation consisting of a double row of evergreen shrubs planted a minimum of three (3) feet on-center in a triangular pattern.
(iii) As applicable, landscaping materials shall be planted on the side of the fence/wall closest to the
street, alley or residential property.
(iv) The interior landscaping requirements of Subsection 7.28.050(f), Parking Lot Landscaping,
shall apply to all parking areas that meet the applicability standards of that Section.
(g)(7) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be established at street intersections by maintaining a maximum height for shrubs and
ground cover of thirty (30) inches as measured from the driveway surface. No
obstructions are permitted in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet of the ground. All applicable sight distance requirements
must be met for parking lot internal circulation and access points to the public right-of-way.
Page 5
Exhibit A
(gh) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining
walls and berms, must be specifically approved and shall conform to the following standards:
(1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees. Bonus lLandscape credit shall be awarded
for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where
the Director accepts the existing vegetation as being in good health and meets the intent of the landscaping requirements of this Chapter.
(i) No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii) On any lot in the RL, RD and RM zoning districts that has an area greater than one-half (½) acre, nNo trees or vegetation except for noxious, non-native vegetation or vegetation
found by the Director to be imminently threatening property, at risk of disease due to overcrowding, posing high fire danger, or potentially encroaching into easements shall be
removed outside the designated site disturbance envelope.
(iii) All native landscaping shall be kept in its native state.
(iv) Significant trees and vegetation that are removed from a development site shall be replaced
as set forth in this Section.
(A) Significant Trees. Significant trees, as defined by this Section, shall be preserved to the maximum extent feasible.
(1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above the ground.
(2) When a significant tree is removed from either inside or outside the designated
building envelope, the developer property owner it shall be replaced such tree on the lot, either inside or outside the building envelope, with a minimum of two (2)
trees a minimum height of eight (8) feet or a minimum caliper of two and one-half (2.5) inches.
(3) Replacement trees shall be maintained through an establishment period of at least
three (3) years, except that single-family and duplex dwellings shall have an applicable establishment period of one (1) year. The developer shall post a bond
guaranteeing the survival and health of all replacement trees during the
establishment period.
(4) It is the responsibility of the property owner to preserve and maintain any
established significant tree.
(5) Alternative tree removal guidelines are at the discretion of the Director.
(B) Non-significant Trees. Preservation of non-significant trees of a protected species with
dimensions equal to or greater than the minimum dimensions required for new
landscaping trees is encouraged.
(BC) Protective Fencing During Construction. All vegetation, significant trees and
trees intended for use as credit towards the landscaping and tree protection standards
of this Development Code shall be fenced in accordance with this Subsection before grading or other land-disturbing activity begins. The Director shall consider existing
site conditions in determining the exact location of any tree protection fencing.
(1) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent method of fencing at the perimeter of the designated building
Page 6
Exhibit A
envelope and a minimum of four (4) feet in height at the drip line around each
tree or group of trees within the building envelope to prevent the placement of
debris or fill on vegetation to be preserved or within the drip line of any tree.
(2) Inspection. All tree and vegetation protection measures shall be inspected and
approved by the Director prior to start of any land disturbing activities. Failure to have protection measures inspected prior to the commencement of construction is a violation of this Development Code.
(2) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of permissible plant species that are compatible with various climate zones found in the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and
may be amended from time to time. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water
conservation goals and would provide the same or better level of visual benefits and have desire
growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town.
(3) Noxious Vegetation and diseased trees. The identification and removal of noxious, non-native,
or diseased vegetation is required and shall be in compliance with Chapter 8.36.100.
(4) Planting Plan Required. All planting plans must note and delineate all planting and sod areas,
and include hydrozones with similar microclimate, soil conditions, slope, and plant materials with similar water demand. Individual hydrozones that mix high and low water
use plants shall not be permitted. Hydrozone areas shall be designated by number, letter,
or other designation on the landscape design plan and irrigation design plan.
(5) Irrigation Plan Required and Watering Requirements:
(i) All required landscaping shall be irrigated pursuant to Table 7.28-6, Minimum Landscaped Area and Maximum Irrigated Area by Zoning District. The irrigation plan must identify the area of installation of an automatic irrigation system, its maintenance and
intended uses.
(ii) Irrigation Plans shall demonstrate the location of the following:
(A) Backflow prevention devices that protect the potable water supply from contamination by the
irrigation system and comply with local plumbing codes.
(B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point of
connection of the water supply.
(C) Master shut-off valves and flow meters integrated with the automatic irrigation controller on all
projects except irrigation systems that make use of technologies that allow for the control of
sprinklers that are individually pressurized;
(D) Dedicated landscape water meters or sub meters for all non-residential irrigated landscapes 5,000
sq. ft. or more.
(E) For all nonresidential properties, smart irrigation controllers labeled by U.S. Environmental
Protection Agency's WaterSense Program or with published reports posted on the Smart Water
Application Technologies website are required. If a flow meter is used, then the controller shall
be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal.
Page 7
Exhibit A
(F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or alter
irrigation operation during unfavorable weather conditions or when sufficient soil moisture is
present.
(G) ii) The following table shall be provided on all irrigation plans:
Landscape Area
Provided % of Lot/ Square Footage
Total irrigated area % of landscaped area/ square footage
Spray area % of irrigated area/ square footage
Drip area % of irrigated area/ square footage (measured as three (3) square feet per sprinkler
head, unless otherwise shown
(iii) The installed irrigation system design shall:
(A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water
flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes,
roadways, or structures. Restrictions regarding overspray and runoff may be modified if the
landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non-
permeable surfaces are designed and constructed to drain entirely to landscaping.
(B) Conform to the hydrozones of the landscape design plan.
(C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the
manufacturer's recommendations.
(D) meet the required operating pressure of the emission devices using valve pressure regulators,
sprinkler head pressure regulators, inline pressure regulators, booster pumps, or other devices.
The pressure and flow measurements identified at the design stage will be verified prior to the
installation of the system.
(E) meet the requirements set in the American National Standards Institute (ANSI) standard,
ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard authored by the
American Society of Agricultural and Biological Engineers and the International Code Council
and verified by an independent third-party.
(A)(F) achieve the highest possible sprinkler spacing distribution uniformity using the
manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall have a
distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014
standard.
((v) All irrigation shall be designed and operated according to the watering schedule as imposed by the
Eagle River Water and Sanitation District (ERWSD).
Page 8
Exhibit A
(iv) A rain sensor shall be installed with each new irrigation system.
(vi) Above ground Ttemporary sprinkler irrigation may be used to re-establish vegetation on
otherwise non-irrigated portions of the landscaped areas; however, such temporary systems must be removed upon sufficient vegetation establishment as determined by the Director,
which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees.
(vii) Soil Amendment
(A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be a sandy loam to a depth of at least six (6) inches containing at least five percent (5%) organic matter by volume.
(B) Tree soil should have a minimum depth of three (3) feet. Both topsoil and subsoil layers
shall be sandy loam. The topsoil shall be at least six (6) inches and have five percent
(5%) organic matter by weight and subsoil shall have at least one to three percent (1 - 3%) organic matter by weight.
(C) A minimum of four (4) cubic yards of organic matter soil amendment per one‐thousand
square feet of landscaped area shall be required as necessary to meet the five percent
(5%) organic matter specification.
(65) Revegetation Required:
(i) All disturbed areas must be adequately reseeded and restored on all projects. A revegetation bond, satisfactory to the Director, must be furnished as a condition of
certificate of occupancy and shall remain in full force and effect until the landscaping plan is completed, vegetation is sufficiently established and structural best management
practices (BMPs), such as silt fence and straw bales, are removed from the site.
(ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed organic matter such as, but not limited to, compost, composted horse manure or composted
chopped straw or hay. Straw tackifier or matting on steep slopes is required to prevent soil
erosion. The addition of decomposed organic matter is also required prior to turf installation.
(76) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance
of a certificate of occupancy for all structures. If weather conditions prevent installation, the property owner shall post a financial guarantee for the improvements. The guarantee shall be
released upon completion and acceptance of the installation of the landscape improvements.
(87) Maintenance. All landscape improvements shall be maintained and replaced by the property owner as necessary. All property owners shall be responsible for maintenance of landscape
improvements within the public ROW between the back of curb or street pavements and the adjacent property.
Page 9
Exhibit A
8.36.100 - Abatement of noxious weeds and diseased trees.
(a) Entry and inspection. The Town shall have the right to enter upon any property for the purpose of inspection if verbal permission is granted by the property owner to enter such property. If verbal permission is not granted to the Town by the property owner, the Town shall have the right to enter upon
any property after providing notice to the property owner by sending such notice via certified mail to the address of record according to the County Assessor's Office. In addition to sending notice of inspection by certified mail, the Town may send such notice by other practical means. If, after ten (10) days, the
property owner does not respond or denies access, the Town may seek an inspection warrant in accordance with Section 35-5.5-108.5(4)(b), C.R.S. Upon obtaining a valid inspection warrant, the Town may enter the property between the hours of 7:00 a.m. and 8:00 p.m.
(b) Notice of eradication of noxious weeds. If the Town finds the presence of noxious weeds upon inspection of the property, the Town shall provide a notice of eradication to the property owner. The notice of eradication shall be sent by certified mail to the address of record according to the County
Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The notice of eradication shall name the noxious weeds, shall identify
eradication as the required management objective, shall advise the property owner to commence
eradication efforts with a specified period or condition, shall state the integrated noxious weed management techniques prescribed in the Town of Avon Noxious Weed Management Plan and shall
advise the property owner that the property has five (5) days from the date of mailing notice of
eradication to submit a plan and schedule acceptable to the Town for the completion of the management objective.
(c) Eradication of noxious weeds by property owner. Within five (5) days after the Town
sends the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the
management objective. An essential component of any plan and schedule for completion of the management objective shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate.
Notice of correction of diseased trees. If the Town finds the presence of diseased trees which risk infecting other trees upon inspection of the property, the Town shall provide a notice stating the existing conditions and the necessary corrections to the property owner. The notice of correction shall be sent by
certified mail to the address of record according to the County Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The
notice of correction shall identify the impacted trees, shall advise the property owner of the management
objective within a specified period or condition, and shall advise the property owner that the property has sixty (60) days from the date of receiving notice of eradication to submit a plan and schedule acceptable
to the Town for the completion of the management objective.
Active treatment or removal of diseased trees by property owner. Within sixty (60) days after the property owner receives notice of correction, the property owner shall comply with the terms of the
notification of correction or shall submit a plan and schedule which is acceptable to the Town for the
completion of the management objective. An essential component of any plan and schedule for completion of the management objective shall be to limit the spread of infections to other trees and to
preserve the aesthetic of the Town.
Page 10
Exhibit A
(d) Abatement. In the event the property owner fails to comply with the notice to eradicate correct
the identified issue noxious weeds and implement an appropriate noxious weed eradication program or
correction program for diseased trees, the Town may enter upon the property, take such actions as deemed necessary to eradicate the noxious weeds, or treat, or otherwise remove the diseased tree(s) and abate the
public nuisance. The Town may assess the whole cost of eradication and abatement, including up to one
hundred percent (100%) of inspection, eradication, treatment, and other incidental costs, including but not limited to administrative and legal costs. In addition, the Town may assess an additional five percent (5%)
of the whole costs of eradication and abatement in accordance with Section 31-15-401(1)(d), C.R.S. The assessment shall be a lien on the property and may be certified to the Clerk of the County Treasurer, who shall collect the assessment in the same manner as other taxes, in accordance with Sections 31-15-401 and
31-20-105, C.R.S.
Page 11
Exhibit A
July 10, 2017
Mr. John Shepard
Senior Director of Programs Sonoran Institute
Transmitted Via E-mail to jshepard@sonoraninstitute.org
Dear Mr. Shepard,
I am pleased to submit the following application for the Growing Water Smart Workshop on the
Integration of Land Use and Water Planning on behalf of the Eagle River Water & Sanitation District, the Upper Eagle Regional Water Authority, the Town of Avon, and Eagle County.
The Eagle River Water and Sanitation District is a Special District that provides drinking water to the
Town of Vail and provides full contract water operation and management services for the Upper Eagle Regional Water Authority which provides drinking water to the Town of Avon as well as unincorporated
areas of Eagle County including the communities of Eagle-Vail, Edwards, Bachelor Gulch, Beaver Creek, Berry Creek, Arrowhead and Cordillera. The District and Authority’s integrated water treatment and
distribution system serves upwards of 60,000 residents and tourists in Eastern Eagle County and is the second largest municipal water system on the Western Slope of Colorado. The District and Authority’s
water supply is derived from groundwater and surface water sources that include the Gore Creek and the Eagle River. This supply is largely dependent upon natural stream flows, mountain snowpack, and in-
basin reservoirs that provide augmentation storage, which can be extremely variable as evidenced by severe droughts in 2002 and 2012. The 2016 Colorado Water Plan projected that the state population will
double by 2050, which will lead to a projected municipal gap between water supply and water demands. At the local level, the State Demographer predicts that Eagle County’s population will grow by more than
41,000 residents over the next 24 years. Facing an uncertain future water supply due to the impacts of climate change and rapid population growth, the District and Authority recognize the critical importance of
working collaboratively with our local land use authorities (LUAs) to ensure that new and existing developments make efficient use of our water supply in order to sustain the future growth of our local
communities and protect our water supply against the effects of climate change. We are excited for the opportunity to attend this workshop with representatives of our local LUAs with the goal of developing an
actionable plan to integrate water supply planning and land use decisions.
District staff have reached out to and have assembled a roster of key policy and decision makers and management from our local LUAs to team up with us for this application that are dedicated to advancing
the integration of land use and water planning. The following is a roster of the proposed team. You may click the names of proposed attendees to view additional details on their LinkedIn Profiles.
• Kathy Chandler-Henry (Eagle County Commissioner) – Kathy has served as a commissioner for Eagle County since 2013, and is passionate about her advocacy for Western Slope water.
Kathy has previously served on the Eagle River Watershed Council, and currently serves as the Eagle County representative to: the Northwest Colorado Council of Governments’ Water
Quality/Quantity Committee, Reudi Reservoir Water and Power Authority, the Colorado River Water Conservation District Board of Directors, and the Colorado River Basin Roundtable.
Exhibit B
Page 2 of 4
• Ray Merry (Eagle County Environmental Health Director) – Ray has been with Eagle County for over 27 years and in addition to administering core environmental health functions, has played
a key role in minimizing environmental impacts caused by changes in land use. He has extensive technical knowledge of water quality/quantity and how changes can affect local economy and
quality of life.
• Damian Peduto (Eagle County Community Development Director) – Damian recently joined
Eagle County as the new Community Development Director after serving in the same role for La
Plata County for 5 years. Prior to that he directed the Community Development Services
Department for the Town of Juno Beach, Florida for 15 years. Damian brings 23 years of
experience in land use, planning, and water supply issues to the team.
• Matt Pielsticker (Town of Avon Planning Director) – Matt manages the Town of Avon’s
Community Development Department, which is responsible for developing, implementing and enforcing Town land use policies, ordinances, and regulations, reviewing and processing
development permits, and long range master planning.
• Jason Cowles (Eagle River Water & Sanitation District Engineering Manager) – Jason
manages the District’s Engineering Department, which is responsible for the evaluation of water
service to new developments, water supply planning, water system master planning,
environmental permitting, and capital improvements. He is also the chairman of the Town of
Eagle’s Planning and Zoning Commission, which he has served on for over 5 years. He has 20
years of experience in land development, land use, and water supply planning.
• Maureen Egan (Eagle River Water & Sanitation District Water Demand Management
Coordinator) – Maureen has served as the District’s Water Demand Management Coordinator
since May 2016. She has a Master’s Degree in Natural Resource Management and 10 years of
experience in water quality and permitting. In her current role, Maureen has worked with land use
authorities to increase coordination around land use decisions and water supply planning. She is
working to develop the first Water Efficiency Plan for the Upper Eagle Regional Water Authority
and is currently piloting a program to investigate water budgeting for the Authority’s customers.
• Micah Schuette (Eagle River Water & Sanitation District Planner) – Micah is working towards
a Master’s Degree in Water Resource Engineering, and was recently hired to fill the planner for
the District this past year. Micah’s research into water use by multi-family, workforce housing has
triggered a re-evaluation of the water demands of new housing developments in Eagle County
and has aided recent conversations between the District and LUAs on the nexus between land
use and water supply planning.
Community Challenge Statement
The District and Authority have allocated water rights and augmentation storage necessary to meet their
obligations to serve existing land uses within their service areas, as well as a pool of unallocated water
rights that have been reserved to meet the demands of new development and redevelopment projects.
Recent estimates of the Authority’s water rights portfolio place the Authority’s pool of unallocated water
rights at approximately 310 acre-feet. Projections of water demands for recent development proposals in
unincorporated Eagle County could reduce the Authority’s pool of unallocated water rights to
approximately 86 acre-feet. The District’s service area includes the largely undeveloped Wolcott area
which has two approved Planned Unit Developments proposed for a total of 877 single family equivalents
Exhibit B
Page 3 of 4
of residential and commercial use. Water supply for the Wolcott area developments will require the
dedication of historical consumptive use credits associated with the properties and a commitment of in-
basin storage from the District’s unallocated water rights for augmentation of non-irrigation season
consumptive uses. Facing development pressures on their water supply and uncertainty due to the
variability of climate change, the District and Authority’s Boards have identified two priorities to ensure
that they can provide a sustainable water supply for the future growth of the communities they serve by
pursuing the development of additional in-basin reservoir storage and implementing a Water Demand
Management Program.
The District and Authority Boards adopted the Water Demand Management Plan (see attached) in 2014, the purpose of which is to use water more efficiently over time, in order to use the existing supply to serve
an expanding population, while protecting water rights and the natural water resource. The plan specifically identifies coordination with LUAs in approval processes, outdoor landscape planning, and development of land use ordinances as a means of achieving the District and Authority’s water demand
management goals. A full-time Water Demand Management Coordinator was hired in 2016 to develop
the program, with the 2014 plan providing the framework. For the past year, District staff has held quarterly coordination meetings with County staff to develop a process for integrating water service
agreement considerations into land use approvals. District staff coordinated with the County to include water efficiency elements in the recently adopted Edwards Area Community Plan, including a strategy item to work with the district to promote water conservation and efficiency in all new developments and to periodically evaluate and update building codes, landscaping codes and land use regulations to assure
best practices for water efficiency are being employed. District staff also recently coordinated with Avon planning staff and the Town’s Planning and Zoning Commission to support the Town’s 2017 Strategic Plan initiative to develop outdoor landscape guidelines/regulations to promote efficient outdoor water use.
In 2016, the District and Authority applied for and received a grant from the Colorado Water Conservation Board for development of a regional Water Efficiency Plan. The plan is expected to be completed in 2018
and will be the first Water Efficiency Plan for the Authority. Further coordination with LUAs is expected to be identified as a priority program within the plan and LUAs will have an opportunity to provide input on the draft.
This workshop provides an excellent opportunity to bring District staff together with representatives of the Town of Avon and Eagle County to further develop a plan of action to address the integration of water
supply planning and land use in a facilitated environment. One of the significant challenges that we face is the enforcement of water use in developments. Water use by several built out developments within the
Authority’s service area have far exceeded their initial water demand projections, thereby reducing the unallocated pool of water available to sustain future development. It’s critical that the District and
Authority, as the water providers, work closely with local LUAs to incentivize efficiency in new and existing developments in order to reduce water demands over time, and to accurately forecast and communicate
the water demands of new development proposals so that the LUAs can fully understand their impact on the regional water supply and the environment during the approval processes. We hope that our
attendance at the workshop will result in a framework for land use approvals that will ensure that forecasted water demands of development are: adhered to through enforceable landscaping standards,
irrigation efficiency standards, and water use standards such as water budgets; enforced by the LUA and Water Provider at the issuance of building permits, water taps, and certificates of occupancy; and
monitored over the life of the development by the Water Provider.
Exhibit B
Page 4 of 4
We greatly appreciate the opportunity to assemble this roster for your consideration, and are hopeful that
you will select our team for attendance at the workshop. If you have any questions about our application, please contact me directly at (970) 477-5111 or at jcowles@erwsd.org.
Sincerely,
Jason Cowles
Engineering Manager Eagle River Water & Sanitation District
Cc: Kathy Chandler-Henry
Damian Peduto
Ray Merry
Matt Pielsticker
Maureen Egan
Micah Schuette
Exhibit B