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TC Packet 08-22-2017TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 22, 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 DRAWING FOR PARKING SPACES AT THE SEPTEMBER 15TH BEN HARPER CONCERT 4:00 PM – COUNCIL CHAMBERS _______________________________________________________________________________________________________________________________________________________________________________________ TOWN COUNCIL TOUR OF THE HAHNEWALD BARN – OPTIONAL 4:15 – 4:50 PM 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 22, 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.ACTION ITEMS 5.1. FIRST READING OF ORDINANCE 17-11, ANNEXING THE EAST AVON PRESERVE (TOWN ATTORNEY ERIC HEIL) (15 MINUTES) 5.2. FIRST READING OF ORDINANCE 17-12, AMENDING THE TOWN’S LANDSCAPE CODE (PLANNING DIRECTOR MATT PIELSTICKER) (25 MINUTES) 5.3. FIRST READING OF ORDINANCE 17-13, APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE EAST AVON PRESERVE (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) _______________________________________________________________________________ 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 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 22, 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 5.4. ACTION ON FUNDING REQUEST TO AUTHORIZE UP TO $10,000 IN CONSULTANT SERVICES RELATED TO RELOCATING THE HAHNEWALD BARN TO TRACT G, AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER) (45 MINUTES) 5.5. CONSENT AGENDA (5 MINUTES) 5.5.1. APPROVAL OF WRITTEN FINDINGS AND RECORD OF DECISION DENYING THE REZONING REQUESTED FOR 510 NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER) 5.5.2. RESOLUTION 17-19 APPROVING THE FORM OF TRAILS EASEMENT AGREEMENT (TOWN ATTORNEY ERIC HEIL) (15 MINUTES) 5.5.3. RESOLUTION 17-18, JOINING THE COMPACT OF COLORADO COMMUNITIES (DEPUTY TOWN MANAGER PRESTON NEILL) 5.5.4. APPROVAL OF MINUTES FROM AUGUST 8, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 6.WORK SESSION 6.1. REVIEW AND DIRECTION ON REVENUE PROJECTIONS FOR THE 2018-19 BUDGET AND ALLOCATION TARGET OF UP TO $161,000 FOR THE COMMUNITY GRANT PROGRAM AND $500,000 FOR THE SPECIAL EVENTS RESERVE (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (45 MINUTES) 7.WRITTEN REPORTS 7.1. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 8.MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 9.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. _______________________________________________________________________________ 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 TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 22, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 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: TOWN OF AVON EVENT NAME: BEN HARPER & THE INNOCENT CRIMINALS EVENT DATE: SEPTEMBER 15, 2017; 4:00 P.M. UNTIL 9:30 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: CASEY WILLIS PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5.RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: CHAIR FOUR, LLC. D/B/A VIN 48 LOCATION: 48 E. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: COLLIN BAUGH 5.2. APPLICANT: SUNCOR ENERGY SALES, INC. D/B/A SHELL LOCATION: 47 NOTTINGHAM ROAD TYPE: 3.2 % BEER OFF PREMISES MANAGER: ANAKUT LOYA 6.REPORT OF CHANGES - CORPORATION MASTER FILE 6.1. APPLICANT: WALMART STORES, INC. D/B/A WALMART SUPERCENTER #119 LOCATION: 171 YODER AVENUE MANAGER: SAMUEL POTHIER 7. MINUTES FROM AUGUST 8, 2017 8.ADJOURNMENT _______________________________________________________________________________ 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 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 8, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Board members present were Megan Burch, Amy Phillips, Jake Wolf and Sarah Smith Hymes. Scott Prince and Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Recreation Director John Curuchet, Planning Director Matt Pielsticker, 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: 00:50 Part One 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 Chairwoman Fancher opened the public hearing and no comments were made. Board member Burch moved to approve the special event permit applicaton for Eagle Valley Humane Society Major Leage Triathlon on August 26, 2017. Board member Wolf seconded the motion and it passed unanimously by those present. Board member Prince and Board member Gennett were absent. 5. MINUTES FROM JULY 25, 2017 Start time: 07:48 Part One Vice Chairwoman Smith Hymes moved to approve the minutes from the July 25, 2017, Liquor Authority meeting. Board member Phillips seconded the motion and it passed with a vote of 3. Board member Prince and Board member Gennett were absent. Board member Burch abstained from the vote due to her absence. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 8, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 6. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 5:05 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: ericheillaw@gmail.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 17-11 Annexing the East Avon Preserve DATE: August 15, 2017 SUMMARY: Ordinance No. 17-11 Annexing the East Avon Preserve is presented to the Avon Town Council. Ord. No. 17-11 would effectively “annex” the 86 acre parcel abutting the east side of the Village (at Avon) which the Town acquired from the U.S. Forest Service in 2012 as part of the Eagle County multi- party land exchange. The East Avon Preserve is currently outside the Town’s municipal boundary and in the Eagle County jurisdiction. The act of annexing is the formal process of including property within the Town’s municipal boundaries, which results in the property being subject to the Town’s land use regulations and other municipal regulations. The East Avon Preserve is proposed for annexation because it is owned by the Town of Avon, adjacent to the Town’s boundaries and part of both the Town’s Trails Plan and the Village (at Avon) comprehensive development plan. Generally, it is common for municipalities to annex municipally owned land that is adjacent to its existing municipal boundaries. PROPOSED MOTION: “I move to approve first reading of Ordinance No. 17-11 Annexing the East Avon Preserve.” PROPERTY DESCRIPTION: The East Avon Preserve is 85.99 acres. A diagram of the East Avon Preserve is attached. The Municipal Annexation Act of 1965 (“Annexation Act”) requires that at least 1/6th of the perimeter of the East Avon Preserve must be contiguous with the boundary of the Town of Avon to be eligible for annexation. The Annexation Plat attached to Ord. No. 17-11 indicates that 83.3% of the perimeter of the East Avon Preserve is contiguous with the existing Town boundaries. ANNEXATION PROCESS: The annexation process for municipally owned property is simplified. The Town is required to (1) adopt an ordinance annexing the property and (2) submit an “Annexation Impact Report” to the Board of County Commissioners of Eagle County. An Annexation Impact Report has been submitted to Eagle County. The Town has not received any comments. There is little anticipated impact because the majority of the property is planned for open space, passive recreation, an access road, and some potential affordable housing that is yet to be determined or planned. ZONING: The Town is required to zone the East Avon Preserve within 90 days after the effective date of the annexation. The annexation Ordinance takes effect 30 days after adoption, so the Town has 120 days to take action to zone the property. Town Staff is recommending the Public Facility zone district for the 6.5 acres in the Northwest corner and the Parks zone district the remainder of the property. Town staff has prepared a zoning application and zoning ordinance which is being processed and which will be presented to Council separately. Thank you, Eric ATTACHMENTS: A – Ordinance No. 17-11 B – Annexation Impact Report M EMORANDUM & PLANNING, LLC Ord 17-11 Annexing the East Avon Preserve FIRST READING – August 22, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 17-11 ANNEXING THE EAST AVON PRESERVE PROPERTY WHEREAS, the Town of Avon (“Town”) is the sole owner of the East Avon Preserve property, described on Exhibit A: Annexation Map of Lot 1 and Lot 2, Section 8, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado, attached hereto and incorporated by reference (Exhibit A is hereinafter referred to as the “Annexation Plat” and the Town property described therein is hereinafter referred to as the “Property”); and, WHEREAS, the Avon Town Council (“Council”) desires to annex the Property; and, WHEREAS, Annexation Property is eligible for annexation under the provisions of the Municipal Annexation Act of 1965, Colorado Revised Statute Title 31, Article 12 and complies with the applicable requirements of C.R.S. § 31-12-104, § 31-12-105, § 31-12-106(3), and § 31- 12-108.5; and, WHEREAS, Property is owned by the Town and is not solely a public street or right-or-way; and, WHEREAS, the Council finds that the Town has submitted a petition for annexation of the Property, as set forth in Exhibit A that the Property is 1/6 contiguous with the existing municipal boundary of the Town of Avon, and that a community interest exists because the Property includes essential municipal public infrastructure serving the Avon community; and, WHEREAS, C.R.S. § 31-12-106(3) authorizes the annexation of unincorporated municipally owned land without notice or hearing; and, WHEREAS, it is desirable that the Property be annexed to the Town in order to encourage well-ordered development, and no additional terms or conditions are to be imposed on this annexation; and, WHEREAS, the annexation of the Property to the Town of Avon is in the best interests of the public health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: ATTACHMENT A: ORD. NO. 17-11 Ord 17-11 Annexing the East Avon Preserve FIRST READING – August 22, 2017 Page 2 of 3 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Council. Section 2. Annexation. The Property is hereby annexed into the Town of Avon. Section 3. Executing and Filing Documents. The Mayor and Town Clerk are hereby authorized to execute all necessary documents to complete the annexation of the Property. As required by statute, the Town shall: A. File one copy of the Annexation Plat with the original of this Ordinance in the office of the Town Clerk for the Town; and B. File for recording three certified copies of this Ordinance and of the Annexation Plat containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 4. Correction of Errors. The Town Clerk, Town Manager and Town Attorney are authorized to review and approve the correction of any typos, references, dates, recitals, grammar and matters related to compliance with statutory format requirements provided that such corrections do not change the substance of this Ordinance. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A: ORD. NO. 17-11 Ord 17-11 Annexing the East Avon Preserve FIRST READING – August 22, 2017 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A: ORD. NO. 17-11 EXHIBIT A: ANNEXATION PLAT Annexation Impact Report: East Avon Parcel July 28, 2017 Page 1 of 4 ANNEXATION IMPACT REPORT FOR LOT 1 & LOT 2, SECTION 8 aka “East Avon Preserve Parcel” Prepared on July 28, 2017 by the Town of Avon ATTACHMENT B: ANNEXATION IMPACT REPORT Annexation Impact Report: East Avon Parcel July 28, 2017 Page 2 of 4 Annexation Impact Report: This Annexation Impact Report is submitted to the Board of County Commissioners in accordance with C.R.S. §31-12-108.5. The Town of Avon intends to conduct public hearings on August 22, 2017 and on September 12, 2017 as part of first and second reading of an Ordinance to annex the East Avon Preserve. This Annexation Impact Report includes a Background narrative, information required by statute, and a schedule for the Town of Avon annexation and zoning actions. Background: The East Avon Preserve Parcel (“East Avon Preserve”) is 85.99 acres. The Town acquired the East Avon Preserve in 2013 from the United States government as part of the Multi-Party Land Exchange agreement involving several parcels and parties. The East Avon Preserve may contain an area up to 6.5 acres for affordable housing and the balance of the East Avon Preserve, 79.49 acres, may be used for vehicular and trail access to reach private development to the east, as well as the development of public trails. Please see the General Development Plan below. The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement dated May 9, 2013, (which referred to the East Avon Parcel as the “Village Parcel”). The Intergovernmental Agreement states in part that after the boundaries of a reserved area for affordable housing and communities facilities and the road and trails alignments are determined, the Town of Avon is committed to granting a conservation easement on a portion of the East Avon Preserve to a land trust mutually acceptable to the Town and Eagle County. Please see the Intergovernmental Agreement for the specific language. Annexation Impact Report Information: The following information is provided in accordance with the statutory requirements: A. A map or maps of the municipality and adjacent territory to show the following information: (i) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (ii) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (iii) The existing and proposed land use pattern in the areas to be annexed. The General Development Plan, and Annexation Map of Lot 1 and Lot 2, Section 8, copies of which are on file with the Town of Avon, have been created to identify the present and proposed boundaries of the Town of Avon, the existing and proposed land uses on the property to be annexed, and the planned location of the potential East Swift Gulch Road extension. There are no existing streets, major trunk water mains, sewer interceptors and/or outfalls and utility lines within the proposed annexation area. There is one existing utility access road and corresponding easement on the north end of the parcel for Holy Cross Electric Company. The proposed annexation area is bounded by: • To the West: Traer Creek property, zoned Planned Unit Development for regional/neighborhood commercial, and residential mixed-use; • To the North: Traer Creek property, zoned Planned Unit Development for single-family and multi-family dwelling units, and open space; • To the East: Traer Creek property, zoned Planned Unit Development for regional/neighborhood commercial, and residential mixed-use; and • To the South: Denver and Rio Grande Rail Way. and Interstate 70 Right-of-Way. ATTACHMENT B: ANNEXATION IMPACT REPORT Annexation Impact Report: East Avon Parcel July 28, 2017 Page 3 of 4 The existing and proposed land use patterns in the area to be annexed are shown on the General Development Plan, a copy of which is on file with the Town of Avon. B. A copy of any draft or formal pre-annexation agreement, if available; Not Applicable. C. A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; The East Avon Preserve property is nearly surrounded by the Village (at Avon) Planned Unit Development Project. The Town of Avon has an Annexation and Development Agreement (“Development Agreement”) with Traer Creek for the Village (at Avon) development which includes extensive provisions for vested property rights and financing of infrastructure. The Development Agreement includes the formation of the Traer Creek Metropolitan District and Village Metropolitan District which are intended to finance the construction of streets and extension of utilities. Any development of the affordable housing and community facility portion of the East Avon Preserve is expected to be coordinated with the development of Planning Area J, Village (at Avon) which is adjacent to this portion of the East Avon Preserve. The timeframe for development of vehicular access across the East Avon Preserve to Planning Area I is speculative and undetermined at this time. The East Avon Preserve would be served by the Eagle River Fire Protection District, Eagle County Ambulance District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District. The Town of Avon would provide police and other municipal services to the East Avon Preserve. D. A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; Financing of roadway, water and sanitary sewer infrastructure to support development of the area to be annexed will be determined at the time of subdivision and site planning and will likely be coordinated with adjacent development in the Village (at Avon). E. A statement identifying existing districts within the area to be annexed: Existing districts include: • Eagle County Schools • Upper Eagle Regional Water Authority • Eagle River Water and Sanitation District • Eagle River Fire Protection District • Eagle County Health Service District F. A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students. The annexation of the East Avon Preserve is planned to have 6.5 acres for potential affordable housing, or potentially more with concurrence of Eagle County in accordance with the Intergovernmental Agreement. The development of affordable housing is expected to generate additional student demand on the Eagle County School system; however, no site analysis has been conducted to determine the potential development of this area and no plans exist which indicate housing types or density. Therefore, any estimate of potential student generation would be speculative at this time. Furthermore, the timing of potential development of affordable housing is also speculative and undetermined, particularly since it is expected that any infrastructure development would be coordinated with, or would follow, the development of Planning Area J in the Village (at Avon). ATTACHMENT B: ANNEXATION IMPACT REPORT Annexation Impact Report: East Avon Parcel July 28, 2017 Page 4 of 4 Schedule of Actions: Avon Town Council is scheduling first reading of ordinance to annex the East Avon Preserve parcel for August 22, 2017 and is scheduling second reading for September 12, 2017. Any comments received by Wednesday, August 16 will be included in the Avon Town Council packet for the August 22, 2017 public hearing. Any comments received by Wednesday, September 6, 2017 will be include in the Avon Town Council packet for the September 12, 2017 public hearing. Comments may be submitted to mpielsticker@avon.org. It is expected that a concurrent application for zoning of the property will be submitted so that first and second reading of an ordinance zoning the East Avon Preserve will occur on the same Avon Town Council dates (Aug. 22 and Sept 12) after action on the annexation ordinance. The anticipated zoning for the East Avon Preserve is Public Facilities for the 6.5 acres in the northwest corner of the parcel and Parks for the remainder of the parcel. General Development Plan ATTACHMENT B: ANNEXATION IMPACT REPORT Ordinance 17-12 Landscape Code Revision TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: David McWilliams, Town Planner Matt Pielsticker, Planning Director Meeting Date: August 22, 2017 Meeting Agenda Topic: PUBLIC HEARING and FIRST READING of Ordinance 17-12 Approving Title 7: Development Code Amendments; and Title 8: Health and Safety ACTION BEFORE COUNCIL Vote on first reading of Ordinance 17-12, Approving Title 7: Development Code Text Amendments; and Title 8: Health and Safety Amendments. PROPOSED MOTION “I move to approve first reading of Ordinance 17-12, thereby approving Title 7: Development Code Amendments; and Title 8: Health and Safety Amendments.” INTRODUCTION The Avon Town Council 2017-18 Strategic Plan highlights the Landscape code, chapter 7.28.050 of the 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 This first reading presents several code sections that have been recommended by PZC for approval, and viewed by Town Council for additional direction. Sections include: A. Landscaping Code, Section 7.28.050 of Municipal Code B. Fence Code, Section 7.28.080 of Municipal Code C. Diseased Tree and Noxious Tree Code, Section 8.36.100 of Municipal Code D. Definitions, Section 7.08 OF Municipal Code Ordinance 17-12 Landscape Code Revision CODE TEXT AMENDMENT REVIEW CRITERIA Section 7.16.040(c), Code Text Amendment Review Criteria. The Town Council shall use the following review criteria as the basis for a decision on code text amendments: (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: These changes promote the conservation of water, adhere to best practices in landscaping, and preserve the desired aesthetic of Avon. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: The Comprehensive Plan states many goals and policies that are relevant to the proposed changes:  Goal G.3: Discourage air, water, light, and noise pollution.  Policy G.1.4: Minimize and mitigate potential development impacts to wildlife and watersheds.  Policy G.1.5: Locate parking areas, trash containers, loading, and service areas so they are screened or buffered to minimize impacts on the Eagle River or surrounding uses.  Policy G.4.1: Incentivize renewable energy and building techniques which support the goals of the Eagle County Climate Action Plan.  Policy G.4.3: Promote water conservation through public education, supply management, and demand management techniques. Specific areas within Town also promote water efficiency. For example, The Northern Residential District states, “The character for the developed landscape should reflect the area’s dry climate and typically steep terrain with low water-requiring plant materials and natural landscaping.” (3) The text amendment promotes or implements the purposes stated in the Development Code; or Staff Response: This update specifically promotes the following purposes of section 7.04.030 in the Development Code: (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (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 Ordinance 17-12 Landscape Code Revision 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; (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 checking 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. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: This update is necessary as it aids in the conservation of water, thereby diminishing future costs of infrastructure, allowing for more resilience during drought periods, and preserving a finite resource where it should be – in rivers and lakes. AVAILABLE ACTIONS  No action  Continue First Reading to September 12, 2017 meeting  Approve First Reading and set public hearing date for September 12, 2017 meeting. NEXT STEPS Staff is recommending these changes, and also will be seeking the inclusion of a water budget in the landscape code. This policy will address the policy of supply management for water, and put Avon in an excellent position to account for the future growth of Avon and the Eagle Valley. ATTACHMENT A: Ordinance 17-12 TOWN OF AVON ORDINANCE 17-12 APPROVING CODE TEXT AMENDMENTS TO TITLE 7: DEVELOPMENT CODE; AND TITLE 8: HEALTH AND SAFTY, AVON MUNICIPAL CODE WHEREAS, the Avon Town Council initiated an application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with Section 7.16.040 of the ADC; WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on August 15, 2017, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to recommend approval of the application to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on August 22, 2017, and September 12, 2017 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that the text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions and promotes the health, safety and general welfare of the Avon community; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 1 of 16 ATTACHMENT A Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 7.08 Definitions. The definition of Accessory Structure and Accessory Use is amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: “Accessory structure means a subordinate building or use, that is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental.” Section 3. Amendment to Chapter 7.08 Definitions. The definition of Hydrozone is hereby included to read as follows: “Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and avoid overwatering.” Section 4. Amendment to Section 7.28.050 Landscaping. Section 7.28.050 Landscaping is hereby amended as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: “(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) Respects the limitations and best uses ofConserves limited 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; (56) Breaks up large expanses of parking lots; and (67) 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. Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 2 of 16 ATTACHMENT A (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) NC, MC, TC, IC 20 20 20% of area up to 5,000 square feet RSF, RL, RM, RH 25 20 20% of area up to 5,000 square feet P, PF, OLD 0 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. (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. Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 3 of 16 ATTACHMENT A (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.8’ high 6 9 Evergreen tree, <6’ high 1 2 Deciduous tree, > 8" caliper n/a 10 14 Deciduous tree, > 4—8" caliper n/q 8 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 Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 4 of 16 ATTACHMENT A Shrubs, 5-gallon 1 1.2 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. Xeriscaping Xeriscape ground cover 1 per 800400 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, rain garden, rain barrel As determined by Director Retained Existing Vegetation Mass Landscape Bonus Landscaping Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 5 of 16 ATTACHMENT A Unit Bonuses 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 80% or more of total landscaped area on temporary irrigation 15% 50% 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% (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 (3) 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 ten (10) spaces. (ii) The parking lot perimeter landscaping shall achieve a minimum of one and two-tenths (1.2) landscape units per lineal foot. (ii) 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: Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 6 of 16 ATTACHMENT A (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 Incorporate deciduous shrubs and one (1), deciduous tree a minimum of two and one-half (2.5) inch caliper per two hundred (200) square feet. (v) Incorporate trees, perennials, and grasses for seasonal color. in each island. (viv) 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. Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 7 of 16 ATTACHMENT A (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. (g6) 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. (hg) 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: Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 8 of 16 ATTACHMENT A (1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees. Bonus landscapeLandscape 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, noNo 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 shall replace such tree on the lot, either inside or outside the building envelope, it shall be replaced on the lot, 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. (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. (5) Alternative tree removal guidelines are at the discretion of the Director. Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 9 of 16 ATTACHMENT A (2) 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. (1i) 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 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. (2ii) 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. (23) 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 desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town. (34) 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. (5) 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. (6) Irrigation and Watering Requirements:Plan Required (i) All required landscaping shall be irrigated pursuant to Table 7.28-6, Minimum Landscaped Area and Maximum Irrigated Area by Zoning District. The landscaping site plan must identify the area of approximate installation of an automatic irrigation system, its maintenance and intended uses. All landscape plans must note and delineate all irrigated and sod areas. Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 10 of 16 ATTACHMENT A (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. (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) The following table shall be provided on all landscapeirrigation 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 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, Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 11 of 16 ATTACHMENT A 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. (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. (iv) All irrigation shall be subject designed and operated according to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD). (iv) A rain sensor shall be installed with each new irrigation system. (v) TemporaryAbove ground temporary 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. (vi) 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) Amended tree soil should have a minimum planting hole diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil layers shall be sandy loam. The Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 12 of 16 ATTACHMENT A 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. (57) 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. (68) 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. (79) 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.” Section 5. Amendment to Section 7.28.080 – Fences. Section 7.20.090 – Fences, is hereby amended to enact a new sub-section (b)(1)(viii) to read as follows: (viii) If a fence is intended to enclose an area containing more than 50% edible food crops, the design must be consistent with the following criteria: (A) Have a maximum height of six (6) feet; (B) Have a maximum area of two hundred (200) square feet; (C) Be at least fifty percent (50%) open; (D) Fences with wire mesh are encouraged over solid wood; and (E) Fences enclosed on the top and greenhouses are considered accessory structures. Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 13 of 16 ATTACHMENT A Section 6. Amendment to Section 8.36.100 – Abatement of noxious weeds. Section 8.36.100 – Abatement of noxious weeds is hereby amended to include a new title and additional text to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: 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. (d) Notice of correction of diseased trees. If the Town finds the presence of diseased trees that 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 Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 14 of 16 ATTACHMENT A 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 that is acceptable to the Town for the completion of the management objective. (e) 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. An owner-proposed treatment or removal plan found by staff to not comply with the management objective can be appealed in accordance with Section 7.16.160 Appeal. (f) Abatement. In the event the property owner fails to comply with the notice to eradicatecorrect the identified noxious weedsissue 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, treat, or otherwise remove 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. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 15 of 16 ATTACHMENT A includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 9. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord. 17-12 – Amending Development Code FIRST READING – August 22, 2017 Page 16 of 16 ATTACHMENT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: August 22, 2017 Agenda Topic: First Reading of Ordinance 2017-13, An Ordinance Approving Public Facilities (PF) and Parks (P) zoning for the East Avon Preserve ACTION BEFORE COUNCIL Vote on an Ordinance that approves Public Facilities (PF) and the Parks (P) zone districts for the East Avon Preserve property. PROPOSED MOTION “I move to approve Ordinance 2017-13 (Attachment A), thereby approving PF and P zoning for the East Avon Preserve property.” SUMMARY As described in Eric Heil’s annexation memorandum, the Town must provide zoning for newly annexed properties within 90 days of annexation. Staff prefers to zone properly concurrently with annexation and therefore prepared the application. Following the Planning and Zoning Commission’s (PZC) favorable recommendation for approval of this rezoning application at their August 15, 2017 public hearing, Council will act on first reading of an Ordinance. The attached report (Attachment B) to PZC includes additional property information, zoning, and review criteria for consideration of the Ordinance. ATTACHMENTS A: Ordinance 2017-13 B: PZC Materials Ordinance 2017-13| East Avon Preserve | Rezoning 1 TOWN OF AVON, COLORADO ORDINANCE NO. 17-13 APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE EAST AVON PRESERVE PROPERTY WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town of Avon (“Applicant”) has made application to rezone Lot 1 and Lot 2, Section 8, Township 5, South, Range 82 West of the 6th Principal Meridian, Eagle County , Colorado ( hereinafter referred to as the “Property”) with the Public Facilities (“PF”) and Parks (“P”) zone districts; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on August 15, 2017; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and a Record of Decision on August 15, 2017, in accordance with AMC §7.16.020(f), making a recommendation to the Town Council to approve the Application; and WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held a public hearing September 12, and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application; and WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with the town staff report, and in accordance with the Findings of Fact; and WHEREAS, the PF and P zone districts are appropriate for the future envisioned uses of the Property which include housing and passive park uses; and WHEREAS, the Town Council finds that the rezoning is in the best interests of the public health, safety, and general welfare of the Avon community; and Ord 17-13 Rezoning East Avon Preserve FIRST READING – August 22, 2017 Page 1 of 4 ATTACHMENT A: ORDINANCE 2017-13 WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Rezoning. The Town of Avon Official Zoning Map will be updated to reflect 6.5 acres in the northwest corner of the Property as Public Facilities; remaining acreage is zoned Parks. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, Ord 17-13 Rezoning East Avon Preserve FIRST READING – August 22, 2017 Page 2 of 4 ATTACHMENT A: ORDINANCE 2017-13 suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 17-13 Rezoning East Avon Preserve FIRST READING – August 22, 2017 Page 3 of 4 ATTACHMENT A: ORDINANCE 2017-13 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 17-13 Rezoning East Avon Preserve FIRST READING – August 22, 2017 Page 4 of 4 ATTACHMENT A: ORDINANCE 2017-13 August 15, 2017 PZC Meeting East Avon Preserve Rezoning 1 Staff Report – Rezoning August 15, 2017 Planning & Zoning Commission Meeting Project file Case #REZ17003 Legal description Lot 1 & Lot 2, Section 8, Township 5 South, Range 82 West of the 6th Principle Meridian Proposed Zoning Public Facilities (PF) & Parks (P) Prepared By Matt Pielsticker, AICP, Planning Director Introduction Before the Planning and Zoning Commission is a rezoning application for a Town-owned property currently referred to as the “East Avon Preserve”; subject of annexation review by Council next month. It was acquired in 2013 as part of the USFS land exchange and is limited by agreement to vehicular and trail access, as well as affordable housing/community facilities. PZC will review the application and conduct a public hearing on August 15, 2017. After reviewing staff’s analysis and considering public input, PZC will forward a recommendation to the Town Council. Proposal 6.5 acres in the northwest corner of the parcel to be zoned Public Facilities (PF). According to Sec. 7.20.060(e), the PF district “is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities. The uses permitted in this district are identified by location the in Avon Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for PF zone district: Remaining parcel to be zoned Parks (P). According to Sec. 7.20.060(f), the purpose of the P district “is to promote and encourage a suitable environment devoted to parks, recreation improvements, trails and organized recreation uses for the enjoyment of all members of the community. There are no dimensional requirements for this district. Active recreation facilities and structures will be developed according to the Comprehensive Plan.” ATTACHMENT B: PZC MATERIALS August 15, 2017 PZC Meeting East Avon Preserve Rezoning 2 Property Description The property measures 85.99 acres and is largely native. It is highly visible from Interstate 70 and areas of Eagle Vail, across from the Eagle Vail business district. An exploratory road was cut just above the parcel for future development of the Village at Avon residential areas, and can be used as a good general indication of the northerly limits of the East Avon Preserve. The land is relatively steep sloping toward the valley floor, except for a bench on the northwest corner that is earmarked for potential future housing and community facilities. Access to the property would be provided from the west through Planning Area J and East Swift Gulch Road. Vegetation is native with a mix of sagebrush shrublands and pinyon-juniper. Potential Road The Town has granted permission for a future road and recreational trail through the property by approving a covenant and temporary easement agreement. The purpose of the agreement is to provide for a public road and path to connect two development areas: Planning Area J near Post Boulevard to Planning Area I. The Village at Avon PUD Map below shows the East Avon Preserve, highlighted in orange and surrounding development opportunities. The red planning areas indicated the potential for mixed-use commercial development. Yellow represents low density residential with open space. Future Trails When the property was acquired by the Town, the concept to leave undeveloped portions of the parcel in the natural state was envisioned. Along with the roadway, recreation path and housing, trails can be developed in the open space. The development concept can be visualized in the attached Annexation Impact report (Exhibit A). ATTACHMENT B: PZC MATERIALS August 15, 2017 PZC Meeting East Avon Preserve Rezoning 3 Future Conservation Easement As part of the land exchange agreement in 2013, the Town of Avon and Eagle County signed a Memo of Understanding. Due to the uncertainty with the exact location of the roadway or timing of construction, the Town agreed to provide a conservation easement on the parcel in the future. The easement will restrict and protect areas in their natural state that are not used for roadway, trail, or 6.5 acres of affordable housing/community facilities. Rezoning Review Criteria Analysis 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. (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 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; ATTACHMENT B: PZC MATERIALS August 15, 2017 PZC Meeting East Avon Preserve Rezoning 4 (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: By zoning the majority of the property Parks, the application will advance Purpose statement (k) by maintaining the open space and scenic beauty of the valley. It will advance the open space goals of the Comprehensive Plan. Zoning a portion of the property Public Facilities and allowing housing (with Special Review Use approval by PZC), will advance Purpose statement (n) and the housing opportunities in the Town. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application will provide consistency with the Comprehensive Plan. The property is located in District 8: Open Space District. The area includes most of the south facing open spaces on the north side of Interstate 70. These parcels “are important to maintaining the desired character of Avon and for development consistent with the overall land- use plan. The Planning Principles speak to collaboration with the USFS, and acquiring and maintaining trail access when possible. General land use goals and policies from the Avon Comprehensive Plan worth noting include: ATTACHMENT B: PZC MATERIALS August 15, 2017 PZC Meeting East Avon Preserve Rezoning 5 (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is physically suitable for the proposed development. The future conservation easement acknowledges the physical difficulty with cutting a roadway and therefore provides a large area to plan the least impactful and most cost effective access. (4) Compatibility with surrounding land uses; Staff Response: The areas surrounding the parcel are undeveloped currently, but planned for mixed use commercial to the west and east, and residential further to the north. Open space, trails, and public facilities and housing are compatible land uses. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: Zoning property is a requirement immediately following or in conjunction with annexation. With annexation slated for September 2017, rezoning is justified and timely. (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: The development would be served by the Eagle River Fire Protection District, Eagle County ambulance District, Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District. Any development of affordable housing ATTACHMENT B: PZC MATERIALS August 15, 2017 PZC Meeting East Avon Preserve Rezoning 6 and community facilities would be limited in scope and would need to be coordinated with the development of Planning Area J to the west. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The purpose statements of the PF and P districts are quoted above and the rezoning is consistent. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Staff does not anticipate any adverse impacts upon the natural environment. 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 anticipated. (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: As stated in the Impact Report (Exhibit A), the development of affordable housing is expected to generate additional student demand on the Eagle County School system; however, no site analysis has been conducted to determine the potential development of this area and no plans exist which indicate housing types or density. Infrastructure will be coordinated with adjacent development of Planning Area J. 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. 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application. ATTACHMENT B: PZC MATERIALS August 15, 2017 PZC Meeting East Avon Preserve Rezoning 7 Staff Recommendation Staff recommends approval of the attached (Exhibit B) draft Findings of Fact, Record of Decision, and recommendation to Council pursuant to Section 7.16.020(f)(3). Recommended Motion “I move to recommend Town Council approval of Case #REZ17003, an application for rezoning of the East Avon Preserve property, together with the findings of fact documented as Exhibit C to staff’s report.” Exhibits A –Annexation Impact Report B –Draft Findings of Fact and Recommendation Vicinity Map ATTACHMENT B: PZC MATERIALS Annexation Impact Report: East Avon Parcel July 28, 2017 Page 1 of 4 ANNEXATION IMPACT REPORT FOR LOT 1 & LOT 2, SECTION 8 aka “East Avon Preserve” Prepared on July 28, 2017 by the Town of Avon ATTACHMENT B: PZC MATERIALS Annexation Impact Report: East Avon Parcel July 28, 2017 Page 2 of 4 Annexation Impact Report: This Annexation Impact Report is submitted to the Board of County Commissioners in accordance with C.R.S. §31-12-108.5. The Town of Avon intends to conduct public hearings on August 22, 2017 and on September 12, 2017 as part of first and second reading of an Ordinance to annex the East Avon Preserve. This Annexation Impact Report includes a Background narrative, information required by statute, and a schedule for the Town of Avon annexation and zoning actions. Background: The East Avon Preserve Parcel (“East Avon Preserve”) is 85.99 acres. The Town acquired the East Avon Preserve in 2013 from the United States government as part of the Multi-Party Land Exchange agreement involving several parcels and parties. The East Avon Preserve may contain an area up to 6.5 acres for affordable housing and the balance of the East Avon Preserve, 79.49 acres, may be used for vehicular and trail access to reach private development to the east, as well as the development of public trails. Please see the General Development Plan below. The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement dated May 9, 2013, (which referred to the East Avon Parcel as the “Village Parcel”). The Intergovernmental Agreement states in part that after the boundaries of a reserved area for affordable housing and communities facilities and the road and trails alignments are determined, the Town of Avon is committed to granting a conservation easement on a portion of the East Avon Preserve to a land trust mutually acceptable to the Town and Eagle County. Please see the Intergovernmental Agreement for the specific language. Annexation Impact Report Information: The following information is provided in accordance with the statutory requirements: A. A map or maps of the municipality and adjacent territory to show the following information: (i) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (ii) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (iii) The existing and proposed land use pattern in the areas to be annexed. The General Development Plan, and Annexation Map of Lot 1 and Lot 2, Section 8, copies of which are on file with the Town of Avon, have been created to identify the present and proposed boundaries of the Town of Avon, the existing and proposed land uses on the property to be annexed, and the planned location of the potential East Swift Gulch Road extension. There are no existing streets, major trunk water mains, sewer interceptors and/or outfalls and utility lines within the proposed annexation area. There is one existing utility access road and corresponding easement on the north end of the parcel for Holy Cross Electric Company. The proposed annexation area is bounded by: • To the West: Traer Creek property, zoned Planned Unit Development for regional/neighborhood commercial, and residential mixed-use; • To the North: Traer Creek property, zoned Planned Unit Development for single-family and multi- family dwelling units, and open space; • To the East: Traer Creek property, zoned Planned Unit Development for regional/neighborhood commercial, and residential mixed-use; and • To the South: Denver and Rio Grande Rail Way. and Interstate 70 Right-of-Way. ATTACHMENT B: PZC MATERIALS Annexation Impact Report: East Avon Parcel July 28, 2017 Page 3 of 4 The existing and proposed land use patterns in the area to be annexed are shown on the General Development Plan, a copy of which is on file with the Town of Avon. B. A copy of any draft or formal pre-annexation agreement, if available; Not Applicable. C. A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; The East Avon Preserve property is nearly surrounded by the Village (at Avon) Planned Unit Development Project. The Town of Avon has an Annexation and Development Agreement (“Development Agreement”) with Traer Creek for the Village (at Avon) development which includes extensive provisions for vested property rights and financing of infrastructure. The Development Agreement includes the formation of the Traer Creek Metropolitan District and Village Metropolitan District which are intended to finance the construction of streets and extension of utilities. Any development of the affordable housing and community facility portion of the East Avon Preserve is expected to be coordinated with the development of Planning Area J, Village (at Avon) which is adjacent to this portion of the East Avon Preserve. The timeframe for development of vehicular access across the East Avon Preserve to Planning Area I is speculative and undetermined at this time. The East Avon Preserve would be served by the Eagle River Fire Protection District, Eagle County Ambulance District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District. The Town of Avon would provide police and other municipal services to the East Avon Preserve. D. A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; Financing of roadway, water and sanitary sewer infrastructure to support development of the area to be annexed will be determined at the time of subdivision and site planning and will likely be coordinated with adjacent development in the Village (at Avon). E. A statement identifying existing districts within the area to be annexed: Existing districts include: • Eagle County Schools • Upper Eagle Regional Water Authority • Eagle River Water and Sanitation District • Eagle River Fire Protection District • Eagle County Health Service District F. A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students. The annexation of the East Avon Preserve is planned to have 6.5 acres for potential affordable housing, or potentially more with concurrence of Eagle County in accordance with the Intergovernmental Agreement. The development of affordable housing is expected to generate additional student demand on the Eagle County School system; however, no site analysis has been conducted to determine the potential development of this area and no plans exist which indicate housing types or density. Therefore, any estimate of potential student generation would be speculative at this time. Furthermore, the timing of potential development of affordable housing is also speculative and undetermined, particularly since it is expected that any infrastructure development would be coordinated with, or would follow, the development of Planning Area J in the Village (at Avon). ATTACHMENT B: PZC MATERIALS Annexation Impact Report: East Avon Parcel July 28, 2017 Page 4 of 4 Schedule of Actions: Avon Town Council is scheduling first reading of ordinance to annex the East Avon Preserve parcel for August 22, 2017 and is scheduling second reading for September 12, 2017. Any comments received by Wednesday, August 16 will be included in the Avon Town Council packet for the August 22, 2017 public hearing. Any comments received by Wednesday, September 6, 2017 will be included in the Avon Town Council packet for the September 12, 2017 public hearing. Comments may be submitted to mpielsticker@avon.org. It is expected that a concurrent application for zoning of the property will be submitted so that first and second reading of an ordinance zoning the East Avon Preserve will occur on the same Avon Town Council dates (Aug. 22 and Sept 12) after action on the annexation ordinance. The anticipated zoning for the East Avon Preserve is Public Facilities for the 6.5 acres in the northwest corner of the parcel and Parks for the remainder of the parcel. General Development Plan ATTACHMENT B: PZC MATERIALS ATTACHMENT B: PZC MATERIALS Hahnewald Barn PAGE 1 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Date: August 22, 2017 Agenda Topic: ACTION ON FUNDING REQUEST TO AUTHORIZE UP TO $10,000.00 IN CONSULTANT SERVICES RELATED TO RELOCATING THE HAHNEWALD BARN TO TRACT G, AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION TOWN COUNCIL TOUR OF THE HAHNEWALD BARN – OPTIONAL MEET AT THE BARN GATE AUGUST 22ND 4:15 – 4:50 PM ACTION BEFORE COUNCIL: Council is asked to allocate funds to hire consultant services to develop a planning cost estimate to relocate the Hahnewald Barn (“Barn”) to Tract G, as recommended by the Planning and Zoning Commission on August 15, 2017. COUNCIL MOTION: If Council would like to proceed to begin an assessment of the cost to relocate the Barn to Tract G, a recommended motion is as follows: “I move to appropriate up to $10,000 for the Town Manager to retain qualified architectural and engineering services to complete the Scope of Work, described in this Council Report. Funding shall be from the Capital Project Fund appropriated at the next budget amendment meeting.” SUMMARY: At the Planning and Zoning Commission’s second public hearing on the Town Owned Properties Development Strategies, on August 15, 2017, the Commission passed a motion which identified a southern parcel of Town Park, in Tract G, as the preferred location for the relocation of the Barn. This location is shown on the attached diagram (Attachment 1). The Commission’s action, while ahead of full adoption of the Town Owned Properties Development Strategies, which still must be recommended by the PZC to Council for action, was based upon:  The Commission’s conclusion that construction of a covered ice rink/multi use facility in that location was not a priority use for the Town or would differentiate Avon among other communities with similar facilities.  The presentation by Brian Sipes, Sipes Architects, as a member and representative of the Town of Avon’s Historic Preservation Committee, of the opportunities for Barn relocation and justification for saving the historic facility. Mr. Sipes’ presentation is provided as Attachment 2. Hahnewald Barn PAGE 2 OF 3  Public support, during the Tract G planning outreach process, for the relocation of the Barn, with public comment often times citing that it would be a notable structure in Avon and a differentiating facility in the Vail Valley.  The opportunity to have a multi-use building, which could house Pavilion support space, such as additional restrooms and production rooms, plus recreation programming and arts space.  The information that Linn Brooks, General Manager of the Eagle River Water and Sanitation District has shared the “drop dead date” for removal of the barn is the fall 2018. The district, at that time, will begin to use the site for the earliest phase of its nutrient treatment facilities’ construction.  With timing known for removal of the Barn, the PZC felt action must move forward now to determine the cost of relocation. Commission members did indicate there would be a cost to relocate and finish the Barn which could be too high, but a definite number was not offered. Also, the Commission discussed, but did not agree on alternate locations for relocation or where temporary storage of the Barn could happen, including on Town-owned property in the Village at Avon. The Commission is aware of the potential for the Barn being moved out of Avon. The district has indicated a private party may take the Barn, if available. Recommendation for a Phased Assessment Staff is recommending that first Town Council determine whether it supports the PZC recommendation for Tract G as a preferred location. If so, then staff proposes the following initial Scope of Work for determining the development costs and uses of the Barn at Tract G. Initial Scope of Work 1. Retain Barn Mover for Cost Estimating In discussions with Mr. Sipes, he has recommended Mr. Dean Smith be retained for the initial work. Mr. Smith has been an unpaid advisor to the Historic Preservation Committee and is experienced in Barn relocation, including moving several barns in Colorado, with a recent project in Granby, Colorado. Mr. Smith’s initial work would include physical inspection of the Barn, cost estimate for the relocation onto a foundation, addition of exoskeleton, new roof and structural completion to meet current building codes. Final finishes would not be included in this phase. He would also be asked to determine the cost for dismantling the Barn and storing it, including identification of potential sites and any weather protection needs. Finally, Mr. Smith would prepare a schedule to accomplish the work. 2. Retain Engineering Services Civil engineering services would be retained to estimate the cost of site work, utilities and foundation work. 3. Retain Landscape Architect Hahnewald Barn PAGE 3 OF 3 Placement of the Barn on the parcel shown on Attachment 1 must be considered with the production needs of the Pavilion and other park uses associated with the lake and fields, such as vehicle circulation for large buses and ongoing maintenance activities. The integration of the cabin into the Barn development plan would be addressed. 4. Estimated Cost to Demolish the Existing Town and Hall and Relocated Parks Shop The site plan, with Barn (9,000 square feet) plus the building expansion foot print for the exoskeleton and Pavilion production needs, is expected to show that the Parks Shop must be relocated and Town Hall demolished. Estimated costs for these integral components for the site plan should be estimated as part of the development cost. Once this Scope of Work is completed, the Council should have a realistic cost estimate for the relocation and timeline for the work. Council then can decide whether to move forward with architectural design of the building and an identification of the uses for the structure. Funding options would also be developed at that time. A budget for the Scope of Work is not known. An estimate not to exceed $10,000.oo for the work is recommended. ATTACHMENTS Attachment 1 – Potential Site for Hahnewald Barn Relocation Attachment 2 – Save the Hahnewald Barn, Please – Sipes Architects Attachment 1 Potential Site for Hahnewald Barn Relocation save the hahnewald barn, pleasewhat once was...Attachment 2 save the hahnewald barn, pleasewhat once was...Attachment 2 save the hahnewald barn, pleasewhat is now...Attachment 2 save the hahnewald barn, pleasewhat could be...Attachment 2 save the hahnewald barn, pleasewhat could be...Attachment 2 save the hahnewald barn, pleasewhat could be...Attachment 2 Findings and Record of Decision – 510 Nottingham Road PAGE 1 OF 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Date: August 22, 2017 Agenda Topic: ACTION ON WRITTEN FINDINGS AND RECORD OF DECISION, DENYING THE REZONING REQUEST FOR 510 NOTTINGHAM ROAD ACTION BEFORE COUNCIL: Council is asked to approve the written findings and record of decision denying the rezoning request for 510 Nottingham Road. This action documents the decision made at the August 8, 2017 meeting, and is a requirement of the Avon Development Code following land use decisions. Action is proposed within the Consent Agenda. ATTACHMENT Attachment 1 – Avon Town Council Findings and Record of Decision for 510 Nottingham Road Town Council Record of Decision: Case File #REZ17001 Page 1 of 1 AVON TOWN COUNCIL FINDINGS AND RECORD OF DECISION DATE OF DECISION: August 8, 2017 FINDINGS APPROVED: August 22, 2017 TYPE OF APPLICATION: Rezoning | Short Term Rental Overlay District PROPERTY LOCATION: Lot 44, Block 1, Benchmark at Beaver Creek Subdivision 510 Nottingham Road CASE FILE NUMBER: #REZ17001 APPLICANT: Elizabeth Gross & Kristin McKnight This decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.100: DECISION: Denial. Motion approved unanimously. FINDINGS: 1. The application is complete and provides sufficient information to allow the Avon Town Council to determine that the development application complies with the relevant review criteria; and 2. The application was reviewed in accordance with §7.16.050, Rezonings, Development Code, and 3. The proposed Short Term Rental use is not compatible with surrounding uses on Nottingham Road and therefore in conflict with review criteria in §7.16.050(c)(4), Development Code; and 4. Consideration of Short Term Rental use should be reviewed and discussed in the context of the entire Nottingham Road district residential district. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ Jennie Fancher, Mayor Attachment 1 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: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Form of Trails Easement Agreement for Trails Construction DATE: August 17, 2017 SUMMARY: Attached is Resolution No. 17-19 which would approve the form of Trails Easement Agreement to allow construction, use and maintenance of trails on properties adjacent and near the Buffalo Ridge residential development. There are three separate property owners where the trails would be located. The Resolution would allow for the Town Attorney and Town Manager to negotiate changes as may be appropriate with individual property owners. The Trails Easement Agreement is permanent, allows the property owner to cause the trail to be relocated at the Town’s cost if necessary, and includes an indemnification of the property owner by the Town. The exhibit to the Trails Easement Agreement depicts the trails to be constructed. PROPOSED MOTION: Resolution 17-19 has been included on the Consent Agenda. “I move to approve Resolution No. 17-19 Approving Form of Trails Easement Agreement” Thank you, Eric ATTACHMENT A: Resolution No. 17-19 M EMORANDUM & PLANNING, LLC RESOLUTION NO. 17-19 APPROVING FORM OF TRAILS EASEMENT AGREEMENT WHEREAS, the Avon Town Council has determined that the construction of trails on property adjacent to the Buffalo Ridge development will implement the Avon Trails Master Development Plan; WHEREAS, the construction project will require a permanent easement and Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold real property; and WHEREAS, the Town Council finds that approval of the attached form of Trails Easement Agreement will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of planned trails to benefit the public. NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the form of the Trails Easement Agreement attached hereto as Exhibit A and further authorizes the Town Attorney and Town Manager to negotiate such terms, conditions and revisions to the form of the Trails Easement Agreement as may be appropriate, and authorizes the Mayor and Town Clerk to execute such Trails Easement Agreements with property owners as necessary to implement the construction of trails on property adjacent or near the Buffalo Ridge residential development. ADOPTED August 22, 2017 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Trails Easement Agreement [form] Page 1 of 3 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TRAILS EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: [insert name of property owner], (“Grantor”), whose address is [insert address], in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O. Box 975, Avon, Colorado 81620, a non-exclusive trail easement, subject to the terms and conditions contained in this Trails Easement Agreement (“Easement Agreement”) to construct, establish, use and maintain trails over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns [insert property description] (“Property”). Grantor grants to the Town a non-exclusive easement for the purpose of designing, surveying, constructing, using and maintaining a soft path recreational trail in the general locations on the property as such trails as depicted in EXHIBIT A: DEPICTION OF TRAILS LOCATIONS. The use of the trails shall be limited to non-motorized passive recreation open to the general public. The trails shall be subject to the Town of Avon’s general authority to impose rules and regulations for public trails. The Town may erect signage constituent with other Town trails, subject to prior review and approval by Grantor. The term of this Easement Agreement shall be in perpetuity. 2. Town agrees that it will stake the proposed alignment for any proposed trail construction, re-construction or future realignment, which alignment shall be subject to prior approval by Grantor. Grantor agrees to restore and revegetate any areas outside of the finished trail path on or before completion of construction. Grantor reserves all rights to improve or use the Property and if such improvements or use by Grantor conflicts with existing trails, then Town shall relocate and reconstruction such trails at the Town’s expense. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a Trails Easement Agreement [form] Page 2 of 3 default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. All notices, requests, demands, and other communications required or permitted to be given under this Trails Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) if sent via e-mail and receipt is confirmed via e-mail response by recipient; (ii) as of the date and time the same is personally delivered with a receipted copy; (iii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iv) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Grantor: [insert Grantor contact info] Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer [insert e-mail address] 6. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 7. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 8. In the event of any dispute resulting in litigation hereunder, the prevailing party shall be entitled to recover all costs and expenses reasonably incurred by it in connection with the enforcement of this Easement Agreement, including reasonable attorneys’ fees and costs in connection therewith. 9. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of Trails Easement Agreement [form] Page 3 of 3 any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 10. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 11. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this Easement Agreement on the date first written above. By:__________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2017, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk EXHIBIT A: DEPICTION OF TRAILS LOCATIONS Trails shown as M2 and M3 as they access and traverse the Property are included in this Trails Easement Agreement TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: August 22, 2017 Topic: Resolution 17-18, Joining the Compact of Colorado Communities ACTION BEFORE COUNCIL Council is asked to take action on Resolution 17-18, which if approved, would formally enter the Town of Avon into the Compact of Colorado Communities. PROPOSED MOTION “I move to approve Resolution 17-18, Joining the Compact of Colorado Communities.” BACKGROUND On May 19, 2017, the City of Aspen hosted a statewide climate summit for the purpose of launching a new network called the Compact of Colorado Communities (“C0mpact”). Mayor Jennie Fancher and Mayor Pro Tem Sarah Smith Hymes, with Preston Neill and Rego Omerigic, attended the summit. At that summit, 27 local Colorado governments, including the Town of Avon officials, pledged to initiate the Compact by presenting the Compact charter to their respective governing boards within 90 days, thus formally launching the Compact. A list of the 27 signatories is included as Attachment 2. According the Compact’s website, www.compactofcoloradocommunities.org, the Compact “has been established to bring cities and counties together to stand together in taking constructive and practical climate action. The Compact will dynamically advance and expand upon city and county efforts to address climate change, resilience to extreme events and grow a clean energy economy throughout Colorado.” Attachment 3 provides detailed information about membership benefits and requirements. FINANCIAL IMPLICATIONS The Town’s annual contribution for membership to the Compact of Colorado Communities would be $1,600. Beyond the annual fee, membership would also result in expenses to attend Compact meetings and staff time to meet the requirements listed above. STAFF RECOMMENDATION The Town Council has adopted the Climate Action Plan for the Eagle County Community (CAP) and become a member of the I Am Pro Snow nonprofit, with the Council approving an implementation plan to meet the objectives of the CAP. The Year One strategies of the implementation plan were restated in the recently approved Town of Avon 2017-2019 Strategic Plan. The Town of Avon has become recognized as a leader through its commitment to addressing climate change at the local level. Staff believes the requirements of the Compact to be in concert with Council’s already adopted implementation plan. Membership is seen as valuable reciprocal support to the Town’s efforts. Town staff recommends that the Council approve this Resolution, thereby entering the Town of Avon into the Compact. ATTACHMENTS Attachment 1 – Resolution 17-18 Attachment 2 – List of other Signatories to the Compact of Colorado Communities Attachment 3 – Guidelines for Member Participation & Commitments TOWN OF AVON, COLORADO RESOLUTION 17-18 JOINING THE COMPACT OF COLORADO COMMUNITIES WHEREAS, Colorado communities share in common a strong quality of life deeply rooted in the state’s vigorous economy, agricultural and environmental resources, and rich cultural heritage; and WHEREAS, Colorado communities, residents and businesses throughout the state are already beginning to feel the impacts of climate change such as reduced snowpack, high heat days, earlier snowmelt runoff, and more frequent and severe floods, droughts and wildfires; and WHEREAS, the Town of Avon seeks to join neighboring cities and counties in developing innovative ways to address climate change, build community resilience and stimulate local economies; and WHEREAS, on May 19, 2017, elected officials and senior staff from Colorado cities and counties, including the Town of Avon, pledged to present a formal charter to become co-founding members of the Compact of Colorado Communities; and WHEREAS, the mission of the Compact of Colorado Communities is to build capacity of Colorado cities and counties in developing and implementing aggressive climate change and clean energy initiatives thus ensuring the security and economic prosperity of its member communities; and WHEREAS, the Compact of Colorado Communities will advance climate action and preparedness of its member communities through the following benefits: • Providing training and technical support to member communities in developing and delivering community improvement programs advancing GHG reduction, clean energy and climate preparedness • Facilitating peer learning and resource sharing between local governments • Enhancing local government capacity to address climate related risks and opportunities throughout critical decision-making roles • Securing technical support and funding resources for members’ local implementation efforts • Spurring creation of jobs, improving public health and demonstrating bold actions • Advancing statewide preparedness and resilience; and WHEREAS, the Compact will be governed by a Steering Committee that includes representation from member communities nominating their own elected officials and/or senior staff (the “Steering Committee”); and WHEREAS, the Compact of Colorado Communities will be administered by staff hired and dedicated to its own mission without conflict of interest; and WHEREAS, the Association of Climate Change Officers (“ACCO”) will act as a temporary fiscal agent for the Compact until such time as the Compact may establish its own organization or has identified a successor organization to serve in that role. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that: The Town of Avon hereby formally appoints Mayor Pro Tem Sarah Smith Hymes to the Compact Steering Committee and joins the Compact of Colorado Communities, and will adhere to the requirements for all Compact members that are summarized below and accounted for in the Compact's published guidelines: Attachment 1 Section 1. Training and Capacity Building • Commit at least one elected official and assign at least one senior staff member to participate in the annual convening of the Compact. • Commit leadership and senior staff participation in annual climate change training as referenced in the Compact’s published guidelines. Section 2. Contribution and Funding • Make an annual contribution to the Compact of $1,600.00, with the first contribution due by no later than 30 days after the local government’s fiscal year start date. • Encourage staff, as appropriate, to provide non-financial support to the Compact’s fundraising efforts to ensure that the Compact has sufficient and sustainable funding to support its members. Section 3. Actions • Establish and publicly announce a new goal or initiative by no later than September 30, 2019 that meets an appropriate aggressiveness threshold to be agreed upon by the Steering Committee in consultation with ACCO and Compact staff. Section 4. Participation • Assign one elected official and one senior staff person to serve as liaisons and official representatives to the Compact. • Elected officials will be invited to participate in activities designed and appropriate for elected officials and government leaders (to be held no more frequently than twice annually). • Staff liaisons will be asked to address administrative issues, process annual contributions, coordinate usage of Compact benefits and participate in Compact-wide meetings (to be held no more frequently than on a quarterly basis). BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town of Avon’s obligations shall be subject to annual budget and appropriation and that nothing in this Resolution shall be construed or interpreted to violate Article X, Section 20 of the Colorado Constitution (TABOR), and that Avon may withdraw from the Compact of Colorado Communities at any time by providing written notice after a motion and vote of the Avon Town Council. INTRODUCED, READ, APPROVED AND ADOPTED this 22nd day of August 2017. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Attachment 1 Compact of Colorado Communities Pledge Signatories & Participant Organizations Pledge Signatories The following is a list of cities and county officials who pledged to champion participation in the Compact of Colorado Communities at the launch event hosted by the City of Aspen on May 19, 2017: Signatory Title City/County Steve Skadron Mayor City of Aspen Suzanne Jones Mayor City of Boulder Elise Jones Commissioner Boulder County Wade Troxell Mayor City of Fort Collins Thomas Davidson, Dan Gibbs & Karn Stiegelmeier Board of County Commissioners Summit County George Newman Commissioner Pitkin County Jill Ryan, Kathy Chandler-Henry & Jeanne McQueeney Commissioners Eagle County Auden Schendler Councilman Town of Basalt Eric Mamula Mayor Town of Breckenridge Christine Berg Mayor City of Lafayette David Chapin Councilman Town of Vail Anita Seitz Councillor City of Westminster Dick White & Dean Brookie Mayor & Councilman City of Durango Josef Lucero Mayor Alamosa Shelley Kaup Councilwoman City of Glenwood Springs Dana Gutwein Councilwoman City of Lakewood Nicole Nicoletta Mayor City of Manitou Springs Joseph Behm Mayor Pro Tem City of Golden Ronnald Akey Mayor City of Wray Sarah Smith Hymes Mayor Pro Tem Town of Avon Sean Murphy Mayor Town of Telluride Daniel Richardson Mayor Town of Carbondale Jimmy Lahrman Mayor Town of Winter Park Andrew Jessen Member, Board of Trustees Town of Eagle Hunter Mortensen Mayor Pro Tem Town of Frisco John Widerman Council Member Town of Minturn Anne Martens Director, Public Works Town of Snowmass Village Organizations that Participated in the Summit Launch Event •Association of Climate Change Officers •Citizens Climate Lobby •Climate Reality Project •Colorado Association of Ski Towns •Colorado Department of Local Affairs •Colorado Division of Homeland Security and Emergency Management •Colorado Resiliency and Recovery Office •Colorado State University •Colorado Water Conservation Board •Colorado Office for Resource Efficiency •ICLEI-USA •Mayors Innovation Project •Metro Mayors Caucus •The Mountain Pact •Park City, Utah •Rocky Mountain Climate Organization •Xcel Energy Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) Member Training & Participation • Assign one elected official and one senior staff person to serve as liaisons and official representatives to the Compact. • Assign at least one elected official and one senior staff to participate in the annual convening of the Compact, the first of which will take place in late 2017 or early 2018. • The Steering Committee will work with the Association of Climate Change Officers (“ACCO”) to establish parameters for each category of individuals participating in training to account for reasonable time requirements, desired core competencies, course format/delivery and appropriate learning progressions. • Commit leadership and staff participation in annual climate change training as referenced in the Compact’s published guidelines per the following table: City/County Population Size Elected officials City/county management or chief of staff Staff with significant decision-making responsibilities and authority (e.g. planning, civil works, transportation, emergency management) Under 20,000 1 1 1 20,001-75,000 1 1 2 75,001-125,000 1 1 3 125,001-175,000 1 2 4 175,001-350,000 1 2 5 > 350,001 1 2 6 Member Contributions & Compact Fundraising • Encourage staff, as appropriate, to provide non-financial support to the Compact’s fundraising efforts to ensure that the Compact has sufficient and sustainable funding to supports its members. • Make an annual contribution to the Compact based upon the following chart, with the contribution due by no later than 30 days after the local government’s fiscal year start date. • Minimum contributions are based upon the table below: Annual Budget Member Contribution Annual Budget Member Contribution Under $10M $800 $200M - $300M $2,800 $10M - $25M $1,200 $300M - $500M $3,200 $25M - $50M $1,600 $500M - $1B $3,600 $50M - $100M $2,000 Over $1B $4,000 $100M - $200M $2,400 Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) Guidelines for 2017 Contributions The 2017 fiscal year contributions are determined by the above contribution levels with the following prorated percentages applied. Contributions are due within 30 days of joining the Compact. January 1 – March 31 April 1 – June 30 July 1 – August 31 September 1 – December 31 25% 50% 75% 100% Member Actions • Establish and publicly announce a new goal or initiative by no later than December 31, 2019 that meets an appropriate aggressiveness threshold to be agreed upon by the Steering Committee in consultation with ACCO, independent experts and Compact staff. • Each Compact member will have the flexibility to choose a commitment type that best fits their community’s needs, opportunities, capabilities and other considerations (e.g. GHG reduction, clean energy deployment, climate preparedness). o Compact staff (leveraging third-party resources as appropriate) will provide guidance to members on shaping new goals/initiatives, as well as technical support on implementation of those activities. o Compact staff may also submit proposals to state, Federal and non-governmental organizations to secure funding for project implementation on behalf of member communities. • All final commitments must be publicly announced and should be completed within the time frame announced by the member community. Examples of goals, initiatives and projects include: o Establish a new or updated greenhouse gas reduction goal; and/or o Establish a renewable energy portfolio requirement, build a sufficiently sized renewable energy project or create a program enabling residents to access renewable energy; and/or o Establish a measurable energy-related goal resulting in a greenhouse gas (GHG) emissions reduction; and/or o Start a new local project that meaningfully reduces energy consumption or builds resilience in your community; and/or o Partner with at least one other Compact member to start a new clean energy project or climate preparedness initiative. Member Benefits • Technical support and guidance on local projects that reduce greenhouse gas emissions, increase clean energy deployment and/or build resiliency to climate affects. • Access to pro bono resources and tools made available exclusively through and by the Compact. • Opportunities to identify and establish new partners and funding resources. • Assistance with communicating and messaging with constituents. • Recognition as a signatory, and as appropriate, through speaking roles, publications and media opportunities. Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) • Access to special events organized exclusively for Compact members and/or through third-party events/organizers, including in particular, training topics not covered by ACCO's training resources. • All online training furnished by ACCO to support members’ training requirements is included with Compact membership contribution. • In addition to the staff participating in the required training referenced above, ACCO will provide on-demand and live online training at no additional cost to up to 25 total staff per year from each member community. Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) Member Benefits (continued) • ACCO will waive the testing and application fees for up to 3 staff per year from each member community for the Certified Climate Change Professional® (CC-P®) credential. • Invitations to participate in ACCO’s member-only activities, including ACCO’s mentoring program. Additional Services • Members in need of technical or staff support beyond the scope of the Compact’s deliverables to members may contract the Compact to provide additional technical support provided that the scope of work is consistent with the Compact’s mission and programming. Service areas will include: o Assessment of Your Workforce Capabilities & Governance Structure o Workshop design & production o Executive briefings o Customized preliminary solar energy assessments o Clean energy job fairs o Facilitating energy efficiency treasure hunts o Research and general staff support • Service availability will be limited based upon staff availability and desired timing. Member activities that have been included as part of the annual membership contribution will be given priority over prospective activities being considered subsequently. A 25% discount on services will also be applied to members who secure or reserve services as part of their annual contribution. Members interested in securing additional services should contact Compact staff for additional information and to receive an estimate. • All prospective contracted activities must be approved by the Steering Committee until the Compact has engaged an executive director. Once the Compact has employed an executive director, all contract work in excess of $15,000 per year (or more than $5,000 if it is outside the scope of the above-referenced service menu), must be approved by the Steering Committee. Participation • Assign one elected official and one senior staff person to serve as liaisons and official representatives to the Compact. • Elected officials will be invited to participate in activities designed and appropriate for elected officials and government leaders (to be held no more frequently than twice annually). • Staff liaisons will be asked to address administrative issues, process annual contributions, coordinate usage of Compact benefits and participate in Compact-wide meetings (to be held no more frequently than on a quarterly basis). • Member communities will be invited to assign staff to participate in supplemental training, working groups/committees, special events and public engagement activities as they deem appropriate. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 8, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:06 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Amy Phillips and Megan Burch. Jake Wolf arrived at 5:10 p.m. Scott Prince and Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Recreation Director John Curutchet, Planning Director Matt Pielsticker, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. MEETING PROCEDURES FOR THE MEETING OF AUGUST 8, 2017 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 04:16 Part One Dan Smith, the Board Chairman of the Vail Valley Salvation Army, requested the renewing of the agreement with the Town of Avon to house the Salvation Army’s canteen truck at the annex building. 5. EAGLE VALLEY LAND TRUST COMMUNICATION MEETING (EXECUTIVE DIRECTOR JIM DAUS & EVLT BOARD) Start time: 09:14 Part One Councilor Gennett arrived at 5:11 p.m. Councilor Prince arrived at 5:15 p.m. 6. ACTION ITEM Start time: 52:58 Part One 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) Sandra Mutchler gave an update on the parking lot project. She said the parking lot looks fabulous and she hopes it has a significant impact on traffic flow this school year. Councilor Burch moved 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. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously. 6.2. PUBLIC HEARING ON AN APPEAL OF PERMIT RBP #15012 – 5702 WILDRIDGE ROAD EAST (ELIZABETH PIERCE-DURANCE) Start time: 58:25 Part One Councilor Wolf left the meeting at 6:15 p.m. Michael Dunlevie spoke on behalf of the appellant and delivered the appellant’s presentation. Elizabeth Pierce-Durance represented William Gray, the Avon Building Official. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 8, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Mayor Fancher opened the public hearing for comments. Todd Nathan asked Council to find in favor of issuing another Temporary Certificate of Occupancy to complete the project. Councilor Gennett moved to continue the item to after the landscaping code work session. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Wolf was absent. 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) Start time: 00:01 Part Two Mayor Fancher opened the public hearing for comments. Marty Golembiewski, Planning & Zoning Commissioner, explained the Planning & Zoning Commission’s recommendation to deny the application. Kevin Hyatt, the applicant, spoke as the property owner. Hector Soto spoke in support of allowing short term rentals on Nottingham Road. Councilor Prince moved to deny Development Case File #REZ170001, a Rezoning Application to Apply the STRO District to 510 Nottingham Road, upholding the Planning & Zoning Commission’s recommendation. Councilor Gennett seconded the motion and it passed unanimously by Council members present. Councilor Wolf was absent. Councilor Prince moved to initiate the review and public process to consider a STRO District review of the entire Nottingham Road residential corridor. Councilor Gennett seconded the motion and it passed unanimously by Council members present. Councilor Wolf was absent. 6.4. ACTION ON NOTICE OF AWARD RECOMMENDATIONS FOR 2017 STREET IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH) Start time: 33:40 Part Two Councilor Gennett moved 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. Councilor Gennett also moved to include the 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, in the amount of $283,900. Councilor Burch seconded the motion and it passed unanimously by Council members present. Councilor Wolf was absent. 6.5. CONSENT AGENDA Start time: 45:30 Part Two 6.5.1. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR THE EAGLEVAIL TRAIL EXTENSION PROJECT (MAYOR JENNIE FANCHER) Councilor Prince moved to approve the letter of support for the Eagle Vail Trial Extension Project, also requesting Town staff to enter the language on the official U.S. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 8, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 Forest Service website. Councilor Gennett seconded the motion and it passed unanimously by Council members present. Councilor Wolf was absent. 6.5.2. APPROVAL OF MINUTES FROM JULY 25, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve the minutes from the July 25, 2017 Council meeting. Councilor Phillips seconded the motion and it passed with a vote of 5. Councilor Burch abstained due to her absence. Councilor Wolf was absent. Council returned to item 6.3. 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) Start time: 52:07 Part Time Councilor Gennett moved to approve Resolution 17-01, Town of Avon Board of Appeals, thereby denying the appeal. Mayor Pro Tem seconded the motion and it passed on a vote of 5 to 1. Councilor Phillips voted no. Councilor Wolf was absent. 7. WORK SESSION 7.1. PROPOSED AMENDMENTS TO THE TOWN’S LANDSCAPE CODE (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 52:59 Part Two Matt Pielsticker gave an update on the progress made by the Planning & Zoning Commission on the Town Landscape Code update process. Council was pleased with the direction the Planning & Zoning Commission and Town staff is headed. Mike Earl and Paul Dike, local arborists, commented about plant healthcare and tree disorders. 8. WRITTEN REPORTS 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 91:11 Part Two Mayor Pro Tem Smith Hymes said she attended the InteGreat! Battle of the Bands event on August 4th. She also noted that there seems to be a lot of trash along West Beaver Creek Boulevard. She suggested holding a cleanup event on a weekday, after work, this fall. Mayor Fancher talked about the upcoming special events. She also requested that items in Council packets over 50 pages have electronic bookmarks put in by staff. Councilor Burch asked about what the appropriate avenue is for members of the public to give input to the Ad Hoc Special Events Committee. Virginia Egger responded that the best way is to email members of the Committee or Town Clerk Debbie Hoppe. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 8, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 9:08 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 ________________________________  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Meeting Date: August 22, 2017 Agenda Topic: Review and Direction on Revenue Projections for the 2018-19 Budget and Allocation Target of Up to $161,000 for the Community Grant Program and $500,000 for the Special Events Reserve Action Before Council Staff will be presenting our analysis and recommendations regarding 2018 revenue projections and target allocations for special events programming and community grants. Council direction regarding these recommendations is requested. The revenue projections and target allocations will then be used in preparation of the 2018 and 2019 budgets, Proposed Motion None Summary Community Grant Program Allocation. Attached is a memorandum from Preston Neill summarizing the 2018 Community Grant program and staff’s recommendation as to funding allocations. Special Events Reserve and Requested Budget Allocation. Attached is a memorandum from Bobby Bank and Lisa Mattis on behalf of the Ad Hoc Special Events Committee summarizing its deliberations and recommendations for funding the 2018 Special Events Reserve Fund allocation. Revenue Projections. Staff will present a PowerPoint analysis of the following revenue sources along with projections for 2018. (Attachment 3) • Sales and accommodation tax projections, historical perspectives and analysis. • Property tax analysis • Real Estate Transfer Tax • Recreation Fees • Fleet Maintenance Fees Fund Matrix. For reference purposes, I have attached a matrix of the Town’s funds, their purpose, major revenue sources, fund balance restrictions and reserve policies. Attachments: 1 – Community Grant Program Allocation 2 – Special Events Reserve Fund Request 3 – PowerPoint Slide Presentation - Revenues 4 – Fund Matrix of Town Funds TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: August 22, 2017 Agenda Topic: Allocation Target of up to $161,000 for the 2018 Town of Avon Community Grant Program ACTION BEFORE COUNCIL: Council is asked to provide direction in setting a maximum amount of money for Community Grant Program funding that the Ad Hoc Review Committee’s funding recommendations shall not exceed. SUMMARY: In 2016, the Town Council amended the Community Grant Program’s procedures for solicitation, evaluation and funding. One of the refinements was the elimination of applicant presentations before Council. Instead, funding recommendations from an appointed Ad Hoc Review Committee are incorporated into the annual proposed budget and subject to approval during the annual budget process. The Ad Hoc Review Committee, which is appointed by the Town Manager, will be comprised of citizens representing businesses and nonprofits. Town staff participates as a resource to the Committee. In order for the Ad Hoc Review Committee to make recommendations on the multiple applications received, a target funding amount must be set by the Council. The purpose of this memorandum is to request Council approval, by motion and vote, of a “not to exceed” amount for community funding. The 2018 recommended maximum target allocation is $161,000. Application materials for the 2018 Community Grant Program were released on July 28, 2017, and can be found at www.avon.org/communitygrants. The application deadline is August 25, 2017 at 5:00 p.m. The Ad Hoc Review Committee will meet during the week of September 11, 2017, to review all submitted applications and make funding recommendations. Funding was less in 2017 than 2016 when the Vail Valley Foundation’s Birds of Prey application was recommended, as a special event, to seek funding through the Council’s Special Events Reserve of $400,000. For 2018 consideration, the following community grant applicants have been directed to seek funding through the Special Events Reserve, as the programs are special events, which use the park and solicit participants: 2017 Grant Xterra Mountain Championships $2,500 Triple Bypass Bicycle Ride $5,000 Bec Tri Sprint Triathlon $2,000 TOTAL TO BE ALLOCATED TO SPECIAL EVENTS RESERVE REQUEST $9,500 A funding history chart has been prepared below: ATTACHMENT 1 The 2018 recommended maximum target allocation is $161,000, which is 1.19% of the 2017 General Fund Total Operating Expenditures. ATTACHMENT 1 Page 1 of 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Chair Bobby Bank and Vice-Chair Lisa Mattis on behalf of the Ad Hoc Special Events Committee Meeting Date: August 22, 2017 Agenda Topic: Requested Budget Allocation of $500,000 for the 2018 and 2019 Town of Avon Special Events Reserve ACTION BEFORE COUNCIL: Council is asked to provide direction in setting a maximum amount of money for Special Events funding that the Ad Hoc Special Events Committee’s funding recommendations shall not exceed. SUMMARY: The Ad Hoc Special Events Committee (AHSEC) was appointed by the Town Council on January 10, 2017. Of the 15 persons appointed, at that time, today, 11 members actively serve on the Committee. The AHSEC is comprised of representatives from the Avon business, lodging and residential community. One of the primary purposes of the Committee is to solicit proposals from interested special event producers and to evaluate the proposals, making recommendations to the Town Council for venue dates and any funding or in-kind Town support. With the AHSEC in place, this will be the first year that Avon is reaching out to seek applications from producers in a coordinated process, thereby allowing the Town a comprehensive, pro-active and comparative approach in reviewing and approving 2018 special events. The Committee will be meeting with applicants on September 27th and then forming its recommendation on September 29th, for consideration by the Town Council during budget meetings in October. In preparation for this work, the Committee is requesting the Council consider appropriating $500,000.00 into the Special Events Reserve for 2018 and 2019. The 2017 Special Events Reserve was $400,000.00. In its deliberations the Committee voted for the funding amount, for the following reasons: 1. The Avon Performance Pavilion, while hosting more event days in 2017, than in any prior year, has the capacity to hold additional events during the year. 2. Developing and retaining signature (traditional) events takes time and investing in major events, synonymous with Avon, will help meet this important cultural and economic driver for the Town. 3. It is important to support a series of other events, which are not signature, but bring to the community and guests cultural variety and enjoyment. 4. With the Ad Hoc Special Events Committee founded, and looking towards the Council establishing in early 2018 the permanent Special Events Committee, having a competitive funding source will grant the advisory group the support and latitude to carry out the objectives of the town in hosting free and ticketed events. 5. The $500,000.00 funding level would be a maximum amount for the year. ATTACHMENT 2 Page 2 of 3 For 2018 consideration, the following community grant applicants have been directed to seek funding through the Special Events Reserve, as the programs are special events, which use the park and solicit participants. The amounts are 2017 approved grants. 2018 requests and AHSEC recommendations will be made during the September application process. 2017 - Grant • Xterra Mountain Championships $2,500 • Triple Bypass Bicycle Ride $5,000 • Bec Tri Sprint Triathlon $2,000 • Potential Application from Birds of Prey $40,000 (historic amount from Avon) TOTAL TO BE ALLOCATED TO SPECIAL EVENTS RESERVE REQUEST $49,500 INCREASED FUNDING OVER 2017 APPROPRIATION $50,000 The 2018 recommended maximum target allocation is $500,000, which is 3.69% of the 2017 General Fund Total Operating Expenditures. Funding history for the Special Events Reserve is as follows. The 2017 events funding detail is below. APPROPRIATED SPENT 2017 $400,000 $330,000 ($70,000 Reserved – Ben Harper Concert) 2016 $400,000 $370,000 2015 $300,000 $300,000 2014 $300,000 $300,000 ATTACHMENT 2 Page 3 of 3 PAVILION & PARK - APPROVED TO DATE Event Date Free vs. Ticketed Cash Contribution In Kind Support TOTAL CONTRIBUTION Egg Hunt / Roll 4/15 Free $8,000 All Operations $8,000 Mountain Bike Event May Free $5,000 All Operations $5,000 Haute Route Rockies 6/26 - 6/27 Registration / Free to Spectators $49,000 $14,350 $63,350 Creative Writing Event (Funded in 2016)6/9-6/11 Ticketed $0 $5,000 $5,000 Cover Rock Festival 6/23-6/25 Ticketed $75,000 $7,500 $82,500 Missoula Children's Theatre 6/9-6/10 Registration / Free to Spectators $8,749 All Operations $8,749 Symphony Orchestra (July 3rd - Salute)7/3 Free $20,000 All Operations $20,000 Major League Triathlon 8/25 - 8/27 Registration / Free to Spectators $3,500 $5,375 $8,875 Avon Live! Concert Series (4 Nights)August Free $79,920 $3,745 $83,665 Dancing in the Park - Vail International Dance (2 Nights)July / August Free $50,000 All Operations $50,000 Zoppe Family Circus Sept. 8-10 Ticketed $22,000 $1,500 $23,500 Ben Harper & TIC Subsidy, if needed Sept. 15 Ticketed $70,000 Town Produced $70,000 SUB-TOTAL: SEED FUNDS - PAVILION & PARK / APPROVED $391,169 $37,470 $428,639 MSM - APPROVED Event Date Free vs. Ticketed Cash Contribution In Kind Support TOTAL CONTRIBUTION Pop-Up Perfomances (6 Friday Evenings)July / Aug.Free $8,619 All Operations $8,619 SUB-TOTAL: SEED FUNDS - MSM $8,619 $0 $8,619 TOTAL - SEED FUNDS - APPROVED $399,788 $37,470 $437,258 TOTAL SEED FUNDS - AVAILABLE IN 2017 BUDGET $400,000 TOTAL SEED FUNDS - REMAINING BALANCE $212 Event Date Free vs. Ticketed Cash Contribution In Kind Support TOTAL CONTRIBUTION Salute to the USA 7/3 Free $112,950 All Operations $112,950 TOTAL 2017 FESTIVALS & SPECIAL EVENTS FUNDING $512,738 $37,470 $550,208 2017 FESTIVAL AND SPECIAL EVENTS - DATES AND FUNDING GENERAL FUND - SPECIAL EVENT RESERVE FUNDS - PAVILION & PARK GENERAL FUND - SEED FUNDS - MAIN STREET MALL (MSM) GENERAL FUNDS - SALUTE TO THE USA ATTACHMENT 2 2018 BUDGET WORK SESSION: REVENUE ANALYSIS AND PROJECTIONS Town of Avon REVENUE PROJECTIONS General Fund PROPERTY TAX 2017 Gross Assessed Values - $227,507,690 Previous Year - $211,204,450 Increase = 7.7% or $16,303,240 $146,012 increase in General Fund property taxes 2017 Total Actual Values – $2,414,054,410 Previous Year - $1,806,178,690 Total Increase = 18.54% PROPERTY TAX Impact on Residential Values by Gallagher Amendment 2017 Total Residential Actual Values - $1,804,583,570 Previous Year - $1,529,203,517 Increase = 18% Change in Assessment Ratio from 7.96% to 7.20% 2017 Total Residential Assessed Values - $129,930,990 Previous Year - $121,724,600 Increase in A/V = 6.7% Net Loss of Property Tax Revenues due to reduction in assessment ratio = $122,830 PROPERTY TAX INCREMENT – AVON URA Avon TIF District information is not yet available for 2017 The URA budget work session is scheduled for September 26 SALES TAX 2016-17 TRENDS Total Sales Tax – .49% Decrease YOY (through June) $141,723 below budget Monthly budgets are based on the relative monthly collection percentage over a 5-year average Analysis Sun & Ski vs. Sports Authority Jan-June Deficit = $57,005 Sports Authority Going-out-of-business sale in June 2016 Apples to Apples Impact to Overall Sales Tax – 1.42% (.49 decrease vs .93% increase) July-December Will be higher than 2016 Sports Authority’s last month was July, 2016 GRAPH – 2017 ACTUAL VS BUDGET GRAPH – YTD SALES TAX JAN-JUNE GRAPH – TOP INDUSTRIES SALES TAX 2016-17 TRENDS Top Industries (Jan-June) Groceries (#1) 1.19% decrease Accommodations (#2) .14% decrease Sporting Goods Retail and Rental (#5) 11.34% decrease All Other Industries 2.56% increase Prior Year Statistics 2016 sales tax was 45% higher ($2.511 million) than 2012 YTD 2017 5.96% over 2015 Only 3 years in the past 21 that sales tax has declined (2002, 2003, 2009) SALES TAX 2016-17 TRENDS Most Years Easter falls in April Easter in 2016 was March 27 Easter in 2017 was April 16 Late Easter Date in 2017 may have reduced spring break visitations from international markets Strong US dollar may impact spending by international vistors March is 2nd highest Sales Tax month March, 2017 YOY was down 2.87% or $27,138 in revenue National Trends Erosion of sales tax base Households spend a larger portion of their income on services tat are not taxable Online internet purchases with companies that do not have nexus in Colorado SALES TAX PROJECTIONS 2017 Original projection 4%, or $7,809,521 Revised budget adopted in May based on actual 2016 figures $8,421,015, a $611,494 increase Revised projections for 2017 1.5% average for remainder of year .52% overall annual increase over 2016 Revised budget of $8,138,960 or incremental revenues of $41,811 over 2016. Represents $329,439 over original 2017 budget SALES TAX PROJECTIONS 2018 = 1.5% YOY Increase 2019 = 1.5% YOY Increase ACCOMMODATIONS TAX 2016-17 TRENDS Total Accommodations Tax, .67% Increase YOY $27,892 below budget Analysis Large, one-time tax rebate in April, 2016 – approximately $17,000 Apples to apples impact 2.36% (.67% increase vs. 3.03%) GRAPH – ACTUAL VS BUDGET ACCOMMODATIONS TAX 2016-17 TRENDS By Type  Short-term rentals up 11.41% YOY, or $13,251 Time Share Up 4.5%, $7,499 Hotels down 3.42%, $15,751 Prior year Statistics 2016 accommodations tax was 175.9% higher ($566K) than 2012 YTD 2017 17.01% over 2015 Only 2 years in past 21 that accommodations tax has declined (2000, 2012) GRAPH – ACCOMMODATIONS TAX TRENDLINE YTD GRAPH – ACCOMMODATIONS TRENDLINE TOTAL ACCOMMODATION TAX PROJECTIONS 2017 Original projection 6%, or $1,323,978 Revised budget adopted in May based on actual 2016 figures $1,367,272, a $43,294 increase Revised projections for 2017 3.0% average for remainder of year 1.66% overall annual increase over 2016 Revised budget of $1,311,283 or incremental revenues of $21,404 over 2016. Represents $12,695 below original 2017 budget ACCOMMODATION TAX PROJECTION Positive Economic Conditions for Tourism Colorado continues to grow in population with 1.7% growth forecasted for 2017-2020 2015-16 skier visits surpassed 13.1 million, the highest ever. Up 3.7% from the previous season Gas prices continue to be low Projection for 2018 3% growth or incremental revenues of $39,338 over revised 2017 Projection for 2019 3% growth or incremental revenues of $40,628 over projected 2018 REAL ESTATE TRANSFER TAX Recurring RETT July YTD - $1,213,842 or 52% of budget of $2,300,000 5-year average = $2.580 million No change recommended for 2017, 2018 and 2019 Wyndham Vacation ownership June YTD = $1,236,949 Estimated collections based on original Wyndham estimates 2017 = $2,000,000 2018 = $1,500,000 Recommend assigning these revenues to Town-owned Properties Development Strategies Plan RECREATION CENTER ADMISSION FEES Year -to-date Admission Fees up 8.14% compared to prior year Trend line indicates continue growth for two years when total admissions reaches an annual high Admission fees were last revised in 2016 No recommended rate changes for 2018 or 2019 GRAPH – ADMISSION FEES FLEET MAINTENANCE SHOP RATES Annually compare TOA rates to private shops Current rates = $102 light duty, $110 heavy duty Last changed in 2011 FLEET MAINTENANCE SHOP RATES Current 2017 Rates Light duty = $107 / hr. Heavy duty = $116 / hr. Parts markup = 20% Annual comparison to other shops Light duty = $123.70-$129.25 Heavy duty/equipment = $110.00-142.00 No recommended changes to the current shop rate or parts markup Page 1 Fund Major Revenue Sources Purpose Fund Balance Restrictions Fund Balance Reserve Policies General Fund General property taxes, sales taxes, utility taxes, lodging taxes, franchise fees, licenses & permit fees, intergovernmental revenues, recreation charges, fines & forfeitures, investment earnings, other miscellaneous revenues. The Town’s primary operating fund. It is used to account for all activities of the Town not required to be accounted for in some other fund.Restricted - 3% TABOR Emegency Reserve 25% of General Fund operating expnditures and trasnfers-out, excluding the capital projects fund. Avon Urban Renewal Fund Property tax increment revenues, bond proceeds Used to account for the activities of redevelopment that are undertaken by the Avon Urban Renewal Authority, including issuing debt and constructing public improvements. Restricted - Bond reserve in the amount of $632,596 None Community Enhancement Fund 1% Community Enhancement Fee from Holy Cross pursuant to franchise agreement. Used to account for revenues received from the 1% Community Enhancement Fee for use for beatification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land, sponsorship of special community events, and undergrounding of overhead electric and other utility lines Restricted - for the purposes identified per the Holy Cross Franchise Agreement.None Water Fund Water surcharges, tap fees. Used to account for the cost of maintaining certain water-related assets and for the receipt of water surcharges and tap fees within the Town limits.Restricted - Water-related improvements None Affordable Housing Fund Affordable housing exaction fees. Used to account for accumulation of resources received and restricted for use in the Town's affordable housing program.No legal restrictions.Restricted by individual fund purpose Exterior Energy Offset Fund EEOP fees collected at building permit. Used to create financial assistance, rebates, and incentives to promote energy efficient projects within the Town of Avon. Restricted - for the purposes identified per Ordinance 2015-09.None The Town of Avon provides an extensive range of municipal services. The following is a list of the Town's funds with major revenue sources, purposes, restrictions and reserve policies listed. The term fund balance is used to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP) and is intended to serve as a measure of the financial resources available in a governmental fund. ATTACHMENT 4 Page 2 Fund Major Revenue Sources Purpose Fund Balance Restrictions Fund Balance Reserve Policies Debt Service Fund Transfers-in from other funds. Used to account for the accumulation of resources for the payment of principal and interest on the Town's Certificates of Participation. Restricted - for repayment of bonded indebtedness.None Capital Projects Fund Real estate transfer taxes, transfers-in from other funds. Used to account for the acquisition and construction of major capital facilities and infrastructure. Restricted - for the purpose of capital improvements, including but not limited to, railroad crossings, bridges and streets, payment of principal of premium, if any, and interest on debt incurred by the Town relating to capital improvements or, upon determination of an emergency by unanimous minus one (1) vote of Council Members present, for any valid municipal purpose. (Ord. 87-19 §1; Ord. 80-6 §14). No formal policy. However, staff has informally used a policy of a minimum of $1 million for any given year within the long- range plan Transit Fund General Improvement District No.1 property taxes, contracts with other local entities and wash bay charges. Use to account for activities involved in operating the Town's transif system.No legal restrictions.Restricted by individual fund purpose Fleet Maintenance Fund Charges for services from Town departments and 3rd party entities, and sales of fuel. Used to account for activities involved in performing maintenance of Town fleet and certain other equipment and for certain 3rd party entities.No legal restrictions.Restricted by individual fund purpose Equipment Replacement Fund Rental charges to other funds and departments for use of equipment, sales of capital assets, and capital lease proceeds. Used to account for the rental of vehicles and equipment to Town departments for the accumulation of funds for future replacement.No legal restrictions.Restricted by individual fund purpose ATTACHMENT 4 FISCAL YEAR 2017 FINANCIAL REPORT August 22, 2017 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – June 2017 3. Accommodations Tax Report – June 2017 4. Real Estate Transfer Tax Report – July 2017 5. Recreation Center Admissions – July 2017 6. General Fund Year-To-Date Expenditures – July 2017 7. Fleet Maintenance Fund Year-To-Date Expenditures – July 2017 8. Transit Fund Year-To-Date Expenditures – July 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Martha Anderson, Senior Accountant Meeting Date: August 22, 2017 Re: Fiscal Year 2017 Financial Report ‐ July SUMMARY Revenues SALES TAX  Sales tax revenue for June totaled $650,795, a 6.18% decrease over the previous year. Year‐to‐ date sales tax revenue is down 0.49% over the previous year, with a negative variance of $141,723 over the revised annual budget. ACCOMMODATIONS TAX  Accommodations tax revenue for June totaled $83,723, a 13.77% increase over the previous year. Year‐to‐date accommodations tax revenue is up 0.67% over the previous year, with a negative variance of $27,892 over the revised annual budget. REAL ESTATE TRANSFER TAX  Real estate transfer tax collections for July totaled $219,209, a decrease of 15.68% or $40,769 over the previous year. Year‐to‐date RETT collections are up 51.44% over the previous year, with a positive variance of $1,143,992 over the revised annual budget.  We have collected a total of $1,669,969 in real estate transfer tax from the Wyndham Vacation Resorts, Inc. since its opening, $61,390 in 2015, $639,420 in 2016, and $969,159 year‐to‐date in 2017. Wyndham’s year‐to‐date RETT collections are up 868% over the previous year, with a positive variance of $869,015. RECREATION CENTER ADMISSIONS  July’s admission fees total $82,540, a 25.30% increase over the previous year. Year‐to‐date admission fees are up 8.14% over the previous year, with a positive variance of $18,211 over the revised annual budget. Expenditures GENERAL FUND  General fund expenditures through July 2017 total 61.17% of the 2017 annual budget. These expenditures include the Town’s annual insurance premium, $243,590 toward signature event seed funding, $307,617 toward town produced events, $123,110 spent for community grants, as well as a large encumbrance for the Town Attorney. FLEET MAINTENANCE  Fleet expenditures for July are at 54.69% of the total budget. These costs include encumbrances for stock parts and ongoing expenditures such as regularly purchased shop supplies and equipment, maintenance services and gas. TRANSIT  Transit funds are 68.57% expended compared to the 2017 budget. These expenditures include a $415,415 expenditure for the people mover diesel bus purchase, as well as $185,228 for the 2017 gondola operations. TOWN OF AVONSALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 812,836$ 792,562.03$ (20,273.74)$ 6.57%February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 827,960 798,923.33 (29,036.18) 3.12%March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 966,705 918,657.55 (48,047.68) -2.87%April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 445,897 425,727.85 (20,168.89) -2.85%May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 407,955 394,689.30 (13,266.01) -2.52%June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 661,725 650,794.65 (10,930.44) -6.18%July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 697,922 - - -100.00%August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 649,424 - - -100.00%September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 658,281 - - -100.00%October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 483,881 - - -100.00%November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 481,098 - - -100.00%December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,327,331 - - -100.00% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,421,015$ 3,981,354.71$ (141,722.94)$ -0.49%Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,0002013 2014 2015 2016 2017YearSales Tax Collections for June TOWN OF AVONSALES TAX 2017 Actual vs. Budget $‐ $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,0002013 2014 2015 2016 2017YTD Sales Tax Comparison January - June $‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000Sales Tax Monthly Comparison 2015-2017 201520162017 TOWN OF AVONACCOMMODATIONS TAX 2017 Actual vs. Budget Budget YTD Collections Budget % change2012 2013 2014 2015 2016 2017 2017 Variance 2016January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 179,381$ 190,207.82$ 10,826.44$ 12.93%February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 204,609 194,804.88 (9,804.38) 5.09%March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 227,294 201,008.55 (26,285.29) -7.53%April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 47,377 38,340.02 (9,036.88) -37.06%May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 34,862 39,961.98 5,100.07 6.97%June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 82,415 83,723.31 1,308.23 13.77%July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 112,500 - - -100.00%August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 97,623 - - -100.00%September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 72,240 - - -100.00%October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 46,782 - - -100.00%November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 42,025 - - -100.00%December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 220,163 - - -100.00% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,367,272$ 748,046.56$ (27,891.82)$ 0.67%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,0002013 2014 2015 2016 2017Accommodations Tax Collections for June Town of AvonReal Estate Transfer Tax 2017 Actual vs. BudgetBudget YTD Collections $ Change % of Change2012 2013 2014 2015 2016 2017 2017 2016 2016January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 107,390.00$ 42,968.00$ 66.70%February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 270,815.26 69,964.40 34.83%March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 254,737.53 (10,324.12) -3.89%April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 249,938.93 90,892.87 57.15%May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 377,490.82 192,503.72 104.06%June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 703,419.85 396,292.61 129.03%July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 219,208.74 (40,769.20) -15.68%August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 - - -100.00%September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 - - -100.00%October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 - - -100.00%November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - - -100.00%December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - - -100.00% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 2,183,001.13$ 741,528.28$ 51.44%Budget 2,200,000.00 Variance, Favorable (Unfavorable) (16,998.87)$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.002013 2014 2015 2016 2017YTD Real Estate Transfer Tax Collections TOWN OF AVONRECREATION CENTER ADMISSION FEES 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674.20$ (2,517.48)$ 0.00%February 78,782 68,578 63,838 68,506 86,342 83,558 93,365.80 9,807.68 8.13%March 62,670 72,616 77,902 81,664 76,023 84,660 84,085.80 (574.67) 10.61%April 49,982 64,370 61,760 55,452 67,398 68,245 62,435.00 (5,809.61) -7.36%May 44,880 35,064 43,119 50,067 54,337 51,924 61,441.70 9,517.31 13.08%June 49,442 46,194 55,052 58,431 58,044 60,986 63,459.20 2,473.43 9.33%July 73,067 71,491 61,472 66,400 65,874 77,225 82,539.70 5,314.35 25.30%August 67,510 57,329 63,233 66,389 76,558 75,562 - - -100.00%September 38,141 43,829 36,846 44,719 49,018 48,520 - - -100.00%October 41,588 48,803 75,818 61,167 51,833 63,736 - - -100.00%November 94,044 93,822 29,570 71,384 72,114 82,391 - - -100.00%December 72,059 69,258 77,672 112,201 169,093 114,201 - - -100.00% Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 522,001.40$ 18,211.02$ 8.14%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,0002013 2014 2015 2016 2017Recreation Center Admissions - July Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 221,972$ 761$ 132,410$ 88,801$ 59.99% 112 Boards and Commissions 18,066 - 7,660 10,406 42.40% 113 Town Attorney 132,000 73,091 58,301 607 99.54% 115 Town Clerk 126,191 14,166 56,674 55,350 56.14% 121 Municipal Court 129,000 13,386 63,015 52,599 59.23% 131 Town Manager 405,797 4,460 193,909 207,428 48.88% 133 Community Relations 187,497 17,093 101,575 68,829 63.29% Total General Government 1,220,523 122,958 613,545 484,020 60.34% Human Resources Department: 132 Human Resources 439,677 7,051 251,091 181,535 58.71% Finance & IT Department: 141 Finance 911,500 25,282 439,763 446,454 51.02% 143 Information Systems 406,753 22,229 237,041 147,483 63.74% 149 Nondepartmental 482,655 33,826 312,085 136,744 71.67% Total Finance & IT 1,800,908 81,337 988,889 730,682 59.43% Total General Gov't Departments 3,461,108 211,345 1,853,525 1,396,237 59.66% Community Development: 212 Planning 283,033 37,613 127,551 117,868 58.36% 213 Building Inspection 149,265 3,224 82,421 63,620 57.38% 214 Economic Development - - - - 0.00% 215 Town Produced Events 657,733 17,804 307,617 332,312 49.48% 216 Signature Event Seed Funding 266,869 13,922 243,590 9,357 96.49% 217 Community Grants 182,620 - 123,110 59,510 67.41% Total Community Development 1,539,520 72,564 884,289 582,667 62.15% Police Department: 311 Administration 686,574 21,039 365,398 300,137 56.28% 312 Patrol 2,438,204 24,453 1,604,873 808,877 66.82% 313 Investigations 271,440 151 161,763 109,527 59.65% Total Police 3,396,218 45,643 2,132,034 1,218,541 64.12% Public Works: 412 Engineering 251,376 640 133,790 116,946 53.48% 413 Roads and Bridges 2,357,162 104,762 1,321,571 930,830 60.51% 415 Parks 706,781 97,530 346,233 263,017 62.79% 418 Buildings & Facilities 1,293,193 81,743 682,103 529,347 59.07% Total Public Works 4,608,512 284,675 2,483,697 1,840,140 60.07% Recreation Department: 514 Administration 227,282 7,824 138,761 80,697 64.49% 515 Adult Programs 56,087 - 27,943 28,144 49.82% 516 Aquatics 574,478 8,655 325,593 240,229 58.18% 518 Fitness 150,785 - 113,195 37,590 75.07% 519 Guest Services 297,882 3,739 171,419 122,724 58.80% 521 Youth Programs 145,761 778 78,473 66,510 54.37% Total Recreation 1,452,275 20,996 855,385 575,894 60.35% TOTAL OPERATING EXPENDITURES 14,457,633$ 635,224$ 8,208,930$ 5,613,479 61.17% Department Expenditure Summaries General FundJuly 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,652,546$ 68,345$ 835,376$ 748,825$ 54.69% Total Operating Expenditures 1,652,546 68,345 835,376 748,825 54.69% TOTAL EXPENDITURES 1,652,546$ 68,345$ 835,376$ 748,825$ 54.69% Expenditure Summary Fleet Maintenance Enterprise Fund July 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 247,060$ 18,076$ 164,616$ 64,368$ 73.95% 432 Transit Operations 1,793,604 2,855 1,215,134 575,614 67.91% 436 Wash Bay 130,110 3,004 84,881 42,225 67.55% Total Operating Expenditures 2,170,774 23,936 1,464,631 682,207 68.57% TOTAL EXPENDITURES 2,170,774$ 23,936$ 1,464,631$ 682,207$ 68.57% Expenditure Summary Transit Enterprise Fund July 2017 Expenditures to Date