TC Packet 01-08-2019
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 8, 2019
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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TOWN COUNCIL PHOTOS
100 MIKAELA WAY
4:00 – 5:00 P.M.
COUNCIL REGULAR MEETING BEGINS AT 5:00 PM (SEE AGENDA BELOW)
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 5:05
* AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE
TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.
4. PRESENTATIONS
4.1. OPPORTUNITY ZONES PRESENTATION (JANA PERSKY, OEDIT, STATE OF COLORADO) (30 MINUTES) 5:10
5. WORK SESSION
5.1. UPDATE AND REVIEW OF OPTIONS FOR HAHNEWALD BARN PROJECT 5:40
STAFF PRESENTATION (20 MINUTES)
COUNCIL QUESTIONS (10 MINUTES)
PUBLIC COMMENT (3 MINUTES PER SPEAKER)
COUNCIL DISCUSSION AND DIRECTION (20 MINUTES)
5.2. INTRODUCTION OF LOCAL GOVERNMENT LAWS THAT ELECTED OFFICIALS SHOULD KNOW
(TOWN ATTORNEY ERIC HEIL) (30 MINUTES) 6:40
6. ACTION ITEMS
6.1. RESOLUTION 19‐02, ADOPTING ELECTRONIC RECORD RETENTION POLICY FOR COUNCIL MEMBERS
(TOWN ATTORNEY ERIC HEIL) (10 MINUTES) 7:10
6.2. PUBLIC HEARING SECOND READING OF ORDINANCE 18‐19, APPROVING AMENDMENTS TO TITLES 7, 10 AND 15 OF
THE AVON MUNICIPAL CODE (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 7:20
6.3. PUBLIC HEARING RESOLUTION 19‐01, A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR LOT 22,
BLOCK 1, WILDRIDGE/2177 SADDLE RIDGE LOOP (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 7:35
6.4. APPOINTMENTS TO BOARDS AND COMMISSIONS (DEPUTY TOWN MANAGER PRESTON NEILL) (30 MINUTES) 7:50
6.5. APPROVAL OF 2019 REGULAR MEETING SCHEDULE (DEPUTY TOWN MANAGER PRESTON NEILL)
(10 MINUTES) 8:20
6.6. CONSENT AGENDA (5 MINUTES) 8:30
6.6.1. APPROVAL OF RESOLUTION 19‐03, APPROVING A TEMPORARY CONSTRUCTION EASEMENT ON LOT 4,
NOTTINGHAM STATION, HURD LANE ROAD, AVON, CO (TOWN ENGINEER JUSTIN HILDRETH)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 8, 2019
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY
_______________________________________________________________________________
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 DEPUTY TOWN CLERK BRENDA TORRES AT 970‐748‐4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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6.6.2. APPROVAL OF EXTENSION OF THE IGA WITH ECO TRANSIT FOR THE AVON STATION BUS SHELTER PROJECT
(TOWN ENGINEER JUSTIN HILDRETH)
6.6.3. APPROVAL OF MINUTES FROM DECEMBER 11, 2018 REGULAR COUNCIL MEETING
(DEPUTY TOWN CLERK BRENDA TORRES)
6.6.4. APPROVAL OF MINUTES FROM DECEMBER 18, 2018 SPECIAL COUNCIL MEETING
(DEPUTY TOWN MANAGER PRESTON NEILL)
7. WRITTEN REPORTS
7.1. ABSTRACT FROM DECEMBER 18, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
7.2. UPPER EAGLE REGIONAL WATER AUTHORITY DECEMBER 13, 2018 BOARD MEETING SUMMARY
(MAYOR PRO TEM SMITH HYMES)
7.3. UPDATE ON THE AVON COMET FREE HAIL AND RIDE SERVICE (MOBLITY DIRECTOR EVA WILSON)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:35
9. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(G) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE
CONCERNING THE TOWN MANAGE RECRUITMENT (TOWN ATTORNEY ERIC HEIL) (35 MINUTES) 8:50
10. ADJOURNMENT 9:25
_________________________________________________________________________________________________________________________________________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings.
Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in
advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council
meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any
other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a
majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No.
17‐05.
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: January 8, 2019
Topic: PRESENTATION ON OPPORTUNITY ZONES
SUMMARY:
Jana Persky, Strategic Initiatives Manager with the Office of Economic Development and International Trade
(OEDIT) for the State of Colorado, will be giving a presentation on Opportunity Zones. The presentation
follows an afternoon session with stakeholders and interested members of the public. This will be a great
chance to learn about Avon’s designated Opportunity Zone and what types of projects might qualify for
funding with Opportunity Zone funds.
ATTACHMENTS:
PowerPoint Presentation
Press Release, dated January 3, 2019
Opportunity Zones PowerPoint Presentation
1
Colorado’s Opportunity
Zone Program
Jana Persky
jana.persky@state.co.us
303-892-3707
1
•New federal incentive designated in the 2017 tax reform bill
•Incentive for investors to support distressed communities through long-term,equity investments in businesses and real estate ventures
•Incentive is deferral, reduction and potential elimination of certain federal capitalgains taxes
•If properly executed, Opportunity Zones may help address a number ofchallenges in Colorado:
–Promoting economic vitality in parts of the state that have not shared in the
general prosperity over the past few years
–Funding the development of workforce and affordable housing in areas with
escalating prices and inventory shortages
–Funding new infrastructure to support population and economic growth
–Investing in startup businesses that have potential for rapid increases in scaleand the ability to “export” outside the state of Colorado
What are Opportunity Zones?
2
Opportunity Zones PowerPoint Presentation
2
How does it work?
Taxpayers can get capital gainstax deferral(& more)
Qualified Opportunity Funds
for making timely
investments in
Qualified Opportunity
Zone Property
(Primarily real estate or
businesses)
which invest in
Source: Novogradac and Company 3
1. Deferral of capital gains tax until sale or Dec 31, 2026
2. Partial reduction of deferred gain
–Tax basis increases by 10% if investment is held for
5 years
–Tax basis increases by additional 5% if investment is
held for 7 years
3. No capital gains tax on appreciation if investment is
held for 10 years
Taxpayer Benefits
4
Opportunity Zones PowerPoint Presentation
3
•Taxpayer has 180 days to move gain into the OZ Fund
•Fund must be a partnership or corporation (LLC is allowed)
•Fund must be 90% deployed into Qualified Opportunity
Zone Property
–This will be checked 6 months after Fund takes in
capital and at the end of the taxable year
–Safe harbor for reasonable working capital
–Hoping that Treasury allows an additional grace period
•Declaration and deployment test will be self-certified and
subject to audit – Draft IRS form 8996 was recently
released
Qualified OZ Fund
5
•Must be an equity investment
•For development to qualify for OZ incentive, property must have beenpurchased after Jan 1, 2018
•Most real estate, business property, and business stock located within an
Opportunity Zone is eligible
–“Sin businesses” are excluded, marijuana companies probably notallowed
–Business must have 70% of its owned or leased property located within
an OZ to qualify, along with a percentage of intangible property and
revenues based on activity in the zone (more clarity needed)
•Real estate property must be “substantially improved”
–Currently interpreted to mean that an amount equal to the purchase
price of the property (excluding land value)
–Business investment requires expansion or growth – exact definition is
unclear
Qualified OZ Property
6
Opportunity Zones PowerPoint Presentation
4
CO Opportunity Zone Program
•Designating 126 Opportunity Zones across the state
•Spreading the word to investors, community
leaders, developers and other stakeholders
•Helping capital and projects find each other
Education
Investment Facilitation
Nomination
The Mission: Position Colorado as a leading destination nationally for
capital investment in Opportunity Zones, and use this investment to
benefit distressed communities
7
Nomination
Economic Distress
Statewide Equity
Ability to attract and absorb private capital
•Thorough, transparent,
analytical process
•High degree of
consultation and
collaboration
•126 census tractsdesignated
•Diverse portfolio
attractive to a variety of
investment types
Education
Investment Facilitation
Nomination
8
Opportunity Zones PowerPoint Presentation
5
Nomination
Interactive map: www.choosecolorado.com/oz
Education
Investment Facilitation
Nomination
9
Education
Communities
Developers
Businesses
Investors
•Events
–Two large conferences(Denver, Aurora)
–Smaller, targeted events
(investor breakfast, developer
breakfast)
–Community events
•Trainings for community leaders
to come
•Email update list
•Website with resources –
choosecolorado.com/oz
Education
Investment Facilitation
Nomination
10
Opportunity Zones PowerPoint Presentation
6
Facilitating Investment
Tools:
•Community prospectus template
•Technical support grants
•Pro-bono consulting help
•OZ marketing website
•Online investment database
Education
Investment Facilitation
Nomination
Investors Investment
Opportunities
11
What is a Prospectus?Education
Investment Facilitation
Nomination
•Investment memorandum designed to attract capital to
a community
•Tells data-backed story of a community based on the
interplay of three factors: sectors, communities, and
institutions
•Identifies specific developable projects, and make a
case for why those projects will see a return, including
additional incentives that are applicable (Opportunity
Zone, TIF, Enterprise Zone, NMTC, etc)
•Not a pure marketing document – highlights
opportunities, risks, and mitigation strategies
•See choosecolorado.com/oz for examples
12
Opportunity Zones PowerPoint Presentation
7
Community Grants
Active Communities Include:
•Grand Junction
•Telluride
•San Luis Valley
•Colorado Springs
•La Plata/Durango
•Walsenberg/Huerfano
•Englewood
•Sterling/NECO
•Craig
•Others?
We have other
templates and
tools available!
13
Avon Opportunity Zone
www.choosecolorado.com/oz
14
Opportunity Zones PowerPoint Presentation
8
Guiding Questions for Avon
•Overall:
–What types of investment does the community need? (i.e.,
housing, infrastructure, entrepreneurship)
–What assets does the community have available? (i.e., town-
owned land, anchor institutions, infrastructure, workforce)
–What would be the top ~5 most developable projects that wouldbenefit the community?
•For particular OZ projects:
–What is the projected rate of return?
–What can the community add to make them more attractive?
(i.e., additional incentives, fast-tracked permitting, etc.)
–Who are the participants we need to be involved? How and
where can we reach them?
15
For Immediate Release | January 3
Avon designated as Eagle County’s sole Opportunity Zone
Colorado OEDIT and Town of Avon Bring Together Stakeholders for
Opportunity Zones Workshop
January 8 workshop is open to the public – followed by presentation to Avon Town Council
Avon, CO — The Colorado Office of Economic Development and International Trade (OEDIT)
and the Town of Avon are bringing together stakeholders at the Avon Town Hall on January
8th to learn and discuss Colorado’s Opportunity Zones and how they can benefit Avon
projects. Opportunity Zones, a part of the 2017 tax reform package, seek to promote
economic vitality by incentivizing new development with favorable tax treatment of
reinvested capital gains and forgiveness of tax on new capital gains. This provides a new
impetus for private investors to support communities through private equity investments in
business and real estate ventures.
The Town of Avon’s census tract #000503 was submitted to the U.S. Treasury for formal
approval in late 2017. In turn, Avon’s approved Opportunity Zone comprises the majority of
the Town and includes all developed and undeveloped portions of the valley floor.
“Opportunity Zones are powerful assets in our economic development toolkit. We want to
bring together a diverse group of stakeholders, including developers, fund managers, real
estate brokers, investors, and elected officials to show them how this innovative program can
be implemented to shape projects and investment that can catalyze our community,” said
Scott Prince, Avon Council member.
The afternoon workshop will include presentations on Opportunity Zone fundamentals,
recommendations on how to engage investors, and tools for communities. Jana Persky,
Strategic Initiatives Manager at OEDIT, manages the Opportunity Zone program for the state
of Colorado. Plenty of time will be left for questions and networking. The same evening, Jana
will give an overview presentation to the Avon Town Council.
“We are seeing significant interest in leveraging the Opportunity Zone designation and
investment model. We expect investment to grow as more people learn about the tax
benefits of investing in projects in Town. We think Opportunity Zones will be a game changer
for Avon,” added Prince.
Agenda
Avon Town Hall – Council Chambers 1st Floor - 100 Mikaela Way
-All open to the public-
2:00 Welcome and Introductions (Scott P, Avon Councilor)
2:00 – 2:30 OZ Fundamentals (Jana P, OEDIT)
2:30 – 3:00 Real World OZ Case Studies (Four Points Funding)
3:00 – 3:30 Questions & Answers
3:30 – 4:00 Networking
4:00 – 5:00 Break
5:00 Presentation to Avon Town Council (Jana P, OEDIT)
For more information on Opportunity Zones, please contact Matt Pielsticker, Planning
Director, at (970)748-4413 or mpielsticker@avon.org.
# # #
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Eric Heil, Town Attorney; Matt Pielsticker, Planning Director; Justin Hildreth, Town Engineer
Meeting Date: January 8, 2019
Topic: Work Session and Review of Options for Hahnewald Barn
SUMMARY: A Work Session has been scheduled for Staff to provide an update and overview of the status
of the design work on the Hahnewald Barn, and to allow Council the opportunity for questions and discussion
on this project prior to the January 22, 2019 Council meeting. Council will be asked to make a decision on
January 22, 2019 with regard to the Hahnewald Barn project. This memorandum summarizes the status of
the project and potential options for the project.
WORK SESSION AGENDA
• Presentation
• Council Questions
• Public Comments*
• Council Discussion and Direction
*An initial three (3) minute limit allowed to each person wishing to speak. Speaker may request more time
at the end of the three (3) minutes, which may be approved by a majority of the Council.
BACKGROUND: With the knowledge that the Hahnewald Barn represents the only remaining historic
structure in Town, the Avon Historic Preservation Advisory Committee commissioned a Historical Field
Analysis of the structure in 2012. The 2012 report was limited in scope due to the contractor’s inability to
enter the property during the analysis.
The Eagle River Water and Sanitation District (“ERWSD”) indicated its plans for a waste water plant
expansion in 2012, which expansion will require the removal of the historic Hahnewald Barn structure from
the site. This information prompted the Town to re-engage the historian who performed the 2012 study to
conduct a more comprehensive study. The updated study, dated May 2016, is attached to this Report for
your information as Attachment 1.
During the Town-Owned Properties Master Plan process in 2017, advocates for the relocation of the
Barn, with positive recommendation from the Planning and Zoning Commission, brought the Barn into the
final plan as a possible multi-use structure in the corner of Nottingham Park. Relevant excerpts from the
adopted Town Owned Properties plan are attached hereto as Attachment 2.
Page 2
In late summer last year, Council contracted with Anderson Hallas Architects, PC., (“Anderson Hallas”)
for architectural and engineering services to prepare a pre-design and feasibility study and estimated pricing
to relocate the Hahnewald Barn. Preliminary programming and site planning alternatives were presented to
the Planning and Zoning Commission and Council in October and November of last year. The preliminary
design and alternatives can be found at www.avon.org/barn. Anderson Hallas has been working to pursue
the next level of detail and design for final PZC and Council meetings. On January 15, 2019 the Steering
Committee (PZC with Historic Preservation Advisory Committee) will review the final work products, which
include more detailed cost estimates. The Steering Committee will then provide a recommendation to the
Town Council for review and consideration on January 22, 2019. This will conclude Anderson Hallas’ design
work and contract. It is anticipated that the total cost of a project to relocate the Barn to the Town Hall site,
remodel the structure to create two levels of interior building space, and repurpose for various community
uses will exceed $7 million.
If Council desires to proceed with the Hahnewald Barn project as contemplated in the Town Owned
Properties Plan, the next step would be to retain Mammoth Movers to move the Barn to the old Town Hall
parking lot with a moving cost estimate of $400,000. The next step in the design process would be to prepare
construction drawings and go out to bid for firm construction costs. The construction drawing design phase
is estimated to cost $500,000 to $700,000. Currently, there is $1,900,000 set aside for Town Owned
Properties (which is potentially available for any project on any Town owned property).
Staff provided a memorandum for the December 11, 2018 Council meeting which outlined the process
for a special election on March 5, 2019, which would require Council to take action at the January 22, 2019
Council meeting. The estimate cost for a special election, including all direct costs and staff costs is $11,000
to $14,000. Mammoth Movers indicated that they are able to enter into a contract to move the Barn as late
as early March, 2019.
ALTERNATIVE OPTIONS: As part of the design and feasibility work conducted by Anderson Hallas, we
have a better understanding of the range of costs and feasibility and challenges of alternative options.
Council members have asked for information on other potential options to assist with the decision making
process on this project. Other options are listed and described as follows.
1. Dismantle Structure and Store the Wood for Future Historic Reconstruction: The Town obtained
bids to dismantle the Barn structure and store the wood. The estimated cost is $100,000-$200,000
(which includes detailed inventorying and numbering of each piece of lumber to allow for accurate re-
assembly). This option would require a Request for Proposal for professional historic preservation
company with experience documenting disassembly of historic structures. The Town physically has
room on the north side of the Swift Gulch property to store the wood. It is estimated that the wood could
be stored for 2-3 years without additional deterioration. Anderson Hallas estimates that approximately
20-25% of the lumber would be damaged during the dismantling and could not be reused. It is also
expected that the structural integrity of the Barn would be compromised with dismantling such that any
re-assembly would require an interior or exterior structure to hold the historic Barn wood together. It may
be possible that a smaller (i.e. less length) historic representation version of the Barn could be created
with the salvaged wood and the location for reconstruction is much more flexible. The estimated cost for
this approach assuming that Town owned land used is $5 to $8 million depending upon the final size of
the reconstructed barn and whether a basement is included. No design work has been pursued for this
option so costs estimates are speculative.
Page 3
2. Dismantle Structure and Store Wood for Salvage: It is possible that the Town may be able to have
the Barn dismantled for less cost without inventorying and numbering each piece of lumber and then the
Barn wood could be available as salvage barn wood for other projects or for sale. Salvage of barn wood
is not a traditional Town activity.
3. Move to Town Owned Property at the Village (at Avon): Town owns two tracts of land on Lot 1,
Village (at Avon), including Planning Area B (approximately 4 acres) and Planning Area E (approximately
2 acres). The long length of the Barn makes it very difficult or not feasible to move the entire structure
further east on Town roads through roundabouts and the Barn structure is too tall to move under the
overpasses in Avon. The Union Pacific Railroad right-of-way narrows to only 2 rail tracks on the rail
bridge over Avon Blvd. bridge overpass. Staff does not know if Union Pacific Railroad would permit the
actual use of its rail tracks and if there is equipment that can fit on the rail track that is suitable for carrying
and transporting the Barn structure down the track. It is anticipated that it may be possible but is likely
to be greater cost due to the complexity of using separate equipment to transport on the rail tracks.
4. Move the Barn to Re-Use as a “Covered Barn” Recreation Bridge: A suggested use is to move the
Barn to the former bridge crossing on the Eagle River just west of the ERWSD waste water plant. No
engineering design and feasibility work has been performed for this option. This option would involve a
minimal distance move; however, the move would be on the recreation trail and across a river rather than
on existing roads and driveways. Re-use as a recreation path bridge would not require construction of
a basement or extensive interior finishing, but would require the construction of a steel bridge structure
to physically hold the Barn. Currently, there is no public sideway or path on south side of the Eagle River.
Any cost estimate for this option is speculative, but is likely to exceed $2 or $3 million. The timeframe to
perform engineering design work for this option and to obtain permits to build a new bridge across the
Eagle River would be difficult, if not impossible, to complete in 2019. It may be possible to pursue this
project with dismantling and re-assembling the Barn lumber (see options 1 and 2).
5. Move Barn Structure to Existing Parks Storage Structure: This option would involve demolishing the
existing storage structure on the old Town Hall site and moving and re-using the Hahnewald Barn
structure as to be re-used as a storage structure. This option is likely the least cost preservation option
because (1) it involves moving the entire existing structure a short distance, (2) would be placed on a
slab on grade foundation without a basement, and (3) would require only minimal interior improvements.
The existing storage structure on the old Town Hall site is functional and has heat, plumbing and
electricity. The estimated cost of this option is anticipated to exceed $2 million; however, the cost
estimate is speculative and no design or feasibility work has been conducted on this option.
6. No Action: Council has the option of determining to take no further action and inform ERWSD.
ATTACHMENTS
ATTACHMENT 1 – Historical Field Analysis, May 2016
ATTACHMENT 2 – Town Owned Properties Plan excerpts
Tatanka Historical Associates Inc.
Bringing the Past to Life
Historical Documentation and Field Analysis
HAHNEWALD BARN
Avon Wastewater Treatment Plant
950 W. Beaver Creek Blvd.
Avon, Colorado
completed by
Tatanka Historical Associates, Inc.
P.O. Box 1909
Fort Collins, CO 80522
tatanka@verinet.com
970.221.1095
12 May 2016
ATTACHMENT 1
Tatanka Historical Associates Inc.
Bringing the Past to Life
Tatanka Historical Associates, Inc.
P.O. Box 1909
Fort Collins, CO 80522
tatanka@verinet.com
970.221.1095
www.facebook.com/tatankahistoricalassociates
12 May 2016
Eagle River Water & Sanitation District
846 Forest Road
Vail, CO 81657
Town of Avon
P.O. Box 975
Avon, CO 81620
Subject: Historical Documentation & Field Analysis
Hahnewald Barn, Avon, Colorado
Dear Clients,
In response to your recent request, I have completed the updated historical
documentation and field analysis of the Hahnewald Barn. This large agricultural
building, more than a century old, is now located on the property of the Avon
Wastewater Treatment Plant in Avon, Colorado.
I first took a look at the Hahnewald Barn six years ago, although at that time I
was not able to enter the property. The building had to be documented from
adjacent areas that offered views, which resulted in a limited degree of
architectural description and analysis. This time I was provided with full access
to the barn. In addition, I have completed additional archival research on its
history that was not possible due to previous cost constraints.
The results of my more comprehensive documentation and analysis are
presented below.
Sincerely,
Ron Sladek
President
ATTACHMENT 1
Tatanka Historical Associates Inc.
Bringing the Past to Life
TABLE OF CONTENTS
Location, Setting, Use & Ownership 1
Figure 1: Site Location Map 2
Figure 2: Satellite Image of the Barn and its Surroundings 2
Description of the Hahnewald Barn 3
Photo 1: North Side of the Barn 4
Photo 2: East Side of the Barn 4
Photo 3: South Side of the Barn 5
Photo 4: West Side of the Barn 6
Photo 5: Lower Level of the Barn 7
Photo 6: Upper Level of the Barn 7
Photo 7: Roof Framing System 8
Alterations to the Barn 9
History of the Hahnewald Barn 10
Figure 3: Map of the 1890 & 1893 Metcalf Land Patents 10
Figure 4: Aerial Photograph of the Avon Area, 1970 15
Photo 8: West Side of the Barn, early 1970s 16
Photo 9: Upper Level Interior, early 1970s 16
Figure 5: Plat of Benchmark at Beaver Creek, 1976 17
Comments on Historical and Architectural Significance 18
Comments on Condition and Preservation 20
Bibliography 22
Appendix A: Photos of the Hay Rail and Carrier 26
ATTACHMENT 1
1
Tatanka Historical Associates Inc.
Bringing the Past to Life
Hahnewald Barn
Avon Wastewater Treatment Plant
950 W. Beaver Creek Blvd.
Avon, Colorado
Location, Setting, Use & Ownership
The Hahnewald Barn is located in the Town of Avon on the grounds of the Avon
Wastewater Treatment Plant. This fenced complex is owned and operated by
the Eagle River Water and Sanitation District, which launched development of
the facility in the late 1960s. Access to the restricted site is by way of a narrow
dead-end street known as Millie’s Lane that extends toward the southeast from
W. Beaver Creek Blvd. After passing the LiftView Condominiums, the street
ends at the entrance to the wastewater treatment plant.
The barn is located in the southwest corner of the wastewater treatment plant
complex. This specific location correlates to the SE¼ of the SE¼ of the NE¼ of
the NE¼ of Section 11, Township 5 South, Range 82 West. To the north,
northeast and east are the buildings, parking lots, yards and landscaped areas
that make up the wastewater treatment plant. Beyond the plant to the north are
the historic Denver & Rio Grande Railroad corridor and Nottingham Lake.
Constructed in 1887, the rail line remained in operation for over a century until it
was placed out of use about twenty years ago. (see Figure 1: Site Location Map,
on page 2)
The Eagle River corridor occupies the areas to the southeast, south and
southwest of the barn. This provides the barn with what little remains of its
original rural, sparsely developed setting. Running parallel to the river’s north
bank and located just outside the wastewater treatment plant’s south fence line is
the Eagle Valley Trail, a popular route for walking, running and biking. To the
west and northwest of the barn are the LiftView Condominiums. (see Figure 2:
Satellite Image of the Barn and its Surroundings, on page 2)
The Hahnewald Barn had a long history of use throughout much of the twentieth
century as an agricultural building associated with the management of livestock.
However, this use began to change by the early 1970s as the Avon area came
under development and the adjacent wastewater treatment plant began to
expand. For more than forty years, the plant’s managers and staff have used the
building as a storage facility. It continues to serve this purpose today.
ATTACHMENT 1
2
Tatanka Historical Associates Inc.
Bringing the Past to Life
Figure 1: Site Location Map
USGS Edwards 7.5’ Topographic Quadrangle
1962 (revised 1987)
Figure 2: Satellite Image of the Barn and its Surroundings
ATTACHMENT 1
3
Tatanka Historical Associates Inc.
Bringing the Past to Life
Description of the Barn
This large two-story, concrete and wood frame building rests upon a concrete
foundation. Its rectangular footprint’s dimensions measure approximately 30’
from north to south x 125’ from east to west. While the building may first appear
to be a bank barn, it is actually above ground on all four sides. The walls
enclosing the main floor (lower level) are constructed of board-formed concrete
that rises to a height of at least 6’ above grade. The rough concrete that was
most likely mixed on site includes cobbles and sand that were probably collected
from the adjacent grounds along the river. Above the concrete, the upper walls
are framed with dimensional lumber and finished on the exterior with unpainted,
weathered board-and-batten siding. All of the small windows on the building
seem to have originally been four-light windows with wood frames.
A long gabled roof covers the building. This terminates with a large hip on the
east and a smaller clipped gable on the west. The roof has been finished with
metal standing-seam paneling that was installed in more recent decades to
replace the original wood shakes. Open eaves with exposed rafter ends are
present along the entire perimeter. Each rafter tail was finished with a curved
lower edge for ornamentation. Three rectangular, boxed ventilators rise from the
ridgeline. These are constructed of wood framing with board and batten siding
on the east and west, and wood louvers on the north and south. Each ventilator
has a gabled roof that is also finished with metal paneling.
North Side: The north side of the barn is both physically and visually impacted
by the fact that the higher ground to the north slopes distinctly downward as it
gets close to the building. This appears to be a non-historic grading modification
to the site and is discussed below in relation to the building’s condition. The
narrow space between the lower concrete wall and embankment was filled with
snow during the current fieldwork, obscuring much of the wall from outside the
building. Because of this, the features there had to be observed from the inside,
where the storage of numerous items also obscured some areas from view.
What is apparent is that a pedestrian entrance in the lower level has long been
out of use because it is inaccessible from the steep slope outside the building.
This entry holds a deteriorated wood plank door with bracing on the inside. Also
along the wall are three or four window openings that no longer hold the original
windows but retain their wood surrounds.
A single entrance is located on the barn’s upper level near its northwest corner.
This is reached by way of a dirt ramp that fills the steep slope below. In the entry
is a large vertical wood plank sliding door that is hung from a metal rail inside the
building. The wood threshold is deteriorated and the header above the entrance
is arched. Two small window openings are present on the north wall. While the
windows are gone and they are boarded closed, they retain their wood
surrounds. Also present just below the eaves are six horizontal boards with bolts
in the middle that retain the six internal tie rods that run through the building.
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Photo 1: North Side of the Barn
East Side: The east side of the barn is fully exposed to view and holds a single
entry into the lower level. This is centered in the concrete wall and contains a
pair of wood plank swinging doors, with the planks set on a diagonal. Flanking
the entrance are two small window spaces that have been boarded closed but
retain their wood surrounds. The tops of the concrete walls on either side of the
entry are angled downward toward the corners of the building.
Photo 2: East Side of the Barn
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South Side: The south side of the barn is fully exposed to view but holds no
entries. In the lower concrete wall are three window openings that have been
boarded closed but retain their wood surrounds. Areas of the wall are
deteriorated, with some sections entirely missing (more about this below in the
condition section). It appears that there may have been a fourth window that is
now gone. The upper wall has two small window spaces that are also boarded
closed.
Along the upper board-and-batten wall are a few additional features. Several
horizontal boards that run the length of the building mark where the roofs of wood
frame shed additions were once attached. Just below the eaves are six short
horizontal boards with bolts in the middle. As on the north side, these retain the
six internal tie rods that run through the building. Toward the upper southwest
corner is a horizontal board with a metal rail attached to the top. Hanging from
this is a vertical board with a metal wheel at the top. Just below the horizontal
board, the vertical board is bolted into the building, rendering it stationary. What
this feature was used for is currently unclear.
Photo 3: South Side of the Barn
West Side: The west side of the barn is fully exposed to view and holds an entry
into the lower level. This contains a pair of wood-plank swinging doors with
horizontal planks and wood surrounds. A large non-historic wooden handicap
access symbol has been attached to one of the doors. As on the east side, the
concrete wall flanking the entry angles downward toward the building’s corners.
On either side of the entrance are two small window spaces that are set into the
concrete wall. While both of these are boarded closed, a modern fuse box and
electric meter are mounted to the window near the southwest corner. Electrical
conduit rises upward from this meter, piercing the wall at a point just below the
eave. This provides power to the non-historic electric lights within the building.
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The upper wall on this side of the building holds a large centered hayloft door
that is constructed of vertical wood planks. This is braced with additional
planking on the interior. Centered directly above the hayloft door is the end of
the hay carrier rail, which projects from the roof’s clipped gable. This was
constructed with a horizontal wood plank that supports the metal rail below. The
Louden hay carrier, patented 1894, along with a 14’ section of rail from inside the
building are now in the possession of Tamra Nottingham Underwood. (see
photos in Appendix A) Two small windows are present in the upper wall of the
barn. One holds the deteriorated frame of a four-light window and the other is
boarded closed.
Photo 4: West Side of the Barn
Interior Features: The building’s lower level features a center aisle that runs the
length of the barn. On either side of this to the north and south, the long spaces
there may have originally been divided into livestock stalls or for other uses.
Today these contain equipment and supplies stored by the wastewater treatment
plant. Once cleared, closer inspection of the floor, walls and ceiling may reveal
physical evidence of historic features and uses that are not currently apparent.
Steel framing was installed in recent years in both the northern and southern
areas to shore up the floor above and to address the deterioration of several
segments of the exterior concrete wall along the south side of the building.
The lower level floor is of poured concrete, at least along the central aisle, and
the flanking north and south areas appear to be dirt. Around fourteen heavy
squared timber posts, many with chamfered vertical corners, flank the central
aisle and run the length of the building. Horizontal timber beams rest atop the
posts, and these support the upper floor joists above. Diagonal timbers placed at
periodic intervals provide lateral support to the posts and beam system. These
run from the beams down to the bases of the outer concrete walls. The ceiling in
the lower level is relatively low and consists solely of the upper floor’s open joists.
Graffiti is found on some of the posts, beams and doors toward the east end.
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Photo 5: Lower Level of the Barn
The barn’s upper level is an expansive open room that runs from wall to wall and
from the floor to the roof. With its unfinished walls and no ceiling, the building’s
dimensional lumber framing is fully exposed to view. This area is used to store
equipment and supplies associated with the adjacent wastewater treatment plant.
The only modern intrusions include metal and wood shelving and a small area
along the north wall where a couple of minimally framed rooms are located.
Photo 6: Upper Level of the Barn
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The upper level floor consists of its original wood planks. A simple rectangular
pattern of widely spaced studs connected by two horizontal bands of short
boards, together with sill and roof plates, forms the simple framing system along
the walls. Horizontal wood plank tie beams formerly ran between the upper north
and south walls, providing additional structural stability to the building. These
have been cut off and replaced with six horizontal metal tie rods with turnbuckles.
The rods are mounted to the walls with the wood planks that are visible along the
exterior just below the eaves. Toward the middle of the interior, metal rod
hangers suspended from the roof structure support the tie rods from above.
The barn’s roof structure is light and without trusses, leaving the height of the
space open for stacking hay. While the metal hayrail remains in place for a
distance of about 5’ inside the west loft door, it terminates at that location.
Presumably, the hay carrier once ran the entire length of the building. The roof
rests upon the north and south exterior walls and is primarily formed of numerous
rafters that meet at the gable peak with no ridge beam. Wood planks running the
length of the building are attached to the outsides of the rafters to form the roof
decking. These are clad on the exterior with the standing seam metal panels that
are visible from outside the barn.
A series of diagonal wood plank braces provide stability to the roof. These rest
upon the roof plates at the tops of the north and south walls. From there they
extend upward at a steep angle, attaching to the rafters at about their midpoint.
Short horizontal boards with a slight incline connect the braces to the lower ends
of the rafters just above the roof plates. Horizontal wood plank collar ties
connect the upper lengths of the rafters to one another below the ridgeline,
spanning the space from north to south. These are strengthened with a single
band of horizontal boards that run the length of the building atop the collar ties.
Vertical boards also connect every other collar tie to the upper rafter ends at the
ridgeline above.
Photo 7: Roof Framing System
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Grounds Around the Building: Unpaved grounds of varying dimensions
surround the barn in all directions. To the north the ground slopes steeply
upward from the long base of the building to the paved parking lot above. This
narrow area is landscaped with grass, rocks, and several Aspen trees. The deep
space at the base of the slope is filled with snow throughout the winter months.
A short dirt ramp is present outside the barn’s north entrance near its northwest
corner. This connects the parking lot to the barn’s upper level, and appears to be
original to the building, suggesting that a ramp has always been located there.
Beyond these features to the north are the paved parking lot and driveway, along
with the wastewater treatment plant to the northeast.
The ground just east of the building is at the level of the lower entrance. Two
modern stacked concrete block walls with metal fencing on top rise a few yards
to the east, one above the other. These run from north to south and form a
terrace that encloses the small area outside the barn. Above the walls, the
higher ground to the east is occupied by a gassed yard and a building associated
with the wastewater treatment plant.
The yard area south of the barn is unpaved and partially filled with piles of sand
and gravel that are located against the building’s concrete wall. This area is
bordered on the south by a dirt drive, a band of landscaping, and the chain link
fence that runs along the perimeter of the property. The area west of the barn is
narrow and consists solely of the dirt drive and chain link perimeter fence.
Alterations to the Barn
The barn is largely intact from its original date of construction and its period of
agricultural use prior to the early 1970s, with few substantial alterations noted.
(see early 1970s photos on page 16) The most obvious non-historic change has
involved replacement of the wood shingle roof with the standing seam metal roof
that remains there today. The south loafing shed addition has also been
removed. These changes were completed during the past few decades.
Most of the building’s small windows have been boarded closed and the frames
and glass panes are now absent. However, the historic photograph from the
early 1970s and limited physical evidence that remains on the barn show that
these were primarily four-light windows with wood frames. The wood plank door
on the lower west wall is not original, but is a replacement that dates from the
past several decades. The original door there consisted of a pair of swinging
doors with vertical planks rather than the current horizontal ones.
The early 1970s photograph of the barn’s interior shows that the overhead north-
south beams described above had already been cut by that time and the metal
tie rods were in place. The hay carrier and a length of rail about 14’ in length
have been removed and are in the possession of Tamra Nottingham Underwood.
(see photos in Appendix A)
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Historical Background
Prior to the 1880s, the entire Eagle River Valley existed in a state of undisturbed
nature, with the river, open valleys, and forested slopes above supporting wildlife
and generations of the Ute Indians. The State of Colorado had been established
in 1876 and over the following years Euro-Americans moved ever closer to the
Eagle River Valley. In the mountains to the east they established ranches and
mining camps. Trappers visited the Eagle River Valley for years, however it
wasn’t until the early 1880s that the first settlers arrived to establish ranches and
communities there. Among the first to venture into the area was John C. Metcalf.
The Metcalf/Metherd Era: John Conard Metcalf was born in Ohio in 1851
and by the time he was five years old both of his parents had died. He remained
in Ohio throughout his childhood and was raised by an aunt. In 1879, John
headed west to Colorado Springs, Colorado. What drew him there was his ailing
older brother Ornan, a Civil War veteran who was struggling with tuberculosis.
Ornan died that September and just over two months later John married
Elizabeth Love. Known as Lizzie, she was the daughter of El Paso County
livestock dealer John W. Love and was a decade younger than her husband.1
The 1880 federal census listed John and Lizzie as residing in the South Park
area of Park County, in the mountains west and northwest of Colorado Springs.
He had gained work as a ranchman, probably on a property owned by his father-
in-law. By that time, Lizzie’s parents had moved to the mining town of
Breckenridge, where John Love operated a feed stable. In 1881, John Metcalf
and a small party of men, some of them members of his wife’s family, traveled
from Breckenridge to Leadville and then down the Eagle River to the unsettled
area that would soon come to be known as Avon. They found the land there so
appealing that in May of 1882 John brought Lizzie and their infant son Wilbur to
the locale. Lizzie’s parents resettled nearby, on a cattle ranch they established
along Brush Creek near the town of Eagle. Over the following years, the
Metcalfs and Loves became prominent in the Eagle River Valley community and
both men served as early county commissioners.
Upon their arrival, John built a log cabin on the open flats north of the river and
the Metcalfs settled in to raise children and build their ranch. According to a
memoir written years later by their daughter, Amy Metcalf Bowen, the cabin
measured about 20’x 20’ and was built of unpeeled logs with a sod roof, single
window, and a wood plank door. According to her estimate, it was located
approximately 200’ from the river and about four-fifths of a mile west of where the
Avon railroad station would soon be built. This placed the historic site of the
cabin just north of where W. Beaver Creek Blvd. now crosses the Eagle River.2
1 Metcalf Family History, Unpublished Manuscript Posted on Ancestry.com; US Census Records
for Lizzie Love, El Paso County, CO (1870). 2 US Census Records for John and Lizzie Metcalf, Park County, CO (1880); US Census Records
for John W. Love, Breckenridge, Summit County, CO (1880) and Eagle County, CO (1885); Amy
Metcalf Bowen, “Memories of Eagle County in the 1880s.”
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In 1887, John sold a strip of land 100’ wide through his land to the Denver & Rio
Grande Railroad (D&RGRR). This served as the right-of-way that the railroad
used to construct its main line through the valley. The following year, he secured
a water appropriation from the Eagle River and used it to construct the Metcalf
Ditch (this was adjudicated years later in 1901). A ditch statement filed with the
State of Colorado in 1894 showed that the ditch’s owners were John C. Metcalf
(3/7), George A. Townsend (1/7), and Nottingham & Company (3/7). It was two
miles in length and just three feet deep. Today the ditch is completely erased
from the landscape in the vicinity of the Town of Avon.3
Although the Metcalfs had settled on the land, they did not actually own the
property for a number of years. To address this, in early June 1890 John
purchased 160 acres from the United States government that consisted of the
N½ of the NE¼ of Section 11 and the adjoining N½ of the NW¼ of Section 12.
The boundaries of his acquisition included much of the land that eventually came
to be occupied by the Town of Avon. Several years later, in July 1893, he filed a
homestead claim to an additional 80 acres that made up the S½ of the SE¼ of
Section 2. This parcel was located just north of the acreage that he had acquired
three years earlier.4
Figure 3: Map of the 1890 and 1893 Metcalf Land Patents
3 Warranty Deed, John C. Metcalf to the Denver & Rio Grande Railroad, 10 January 1887;
Statement of Claim to Water Right, Metcalf Ditch, Eagle County, Colorado, Water District No. 37,
16 August 1894. 4 Resume of Applications and Amended Applications, Colorado Water Division 5, August 1999;
Cash Patent, USA to John C. Metcalf, 2 June 1890 for the N½ of the NE¼ of Section 11 and the
N½ of the NW¼ of Section 12, Township 5 South, Range 82 West; Homestead Patent, USA to
John C. Metcalf, 18 July 1893 for the S½ of the SE¼ of Section 2, Township 5 South, Range 82
West.
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Three years later, in December 1896, John transferred legal ownership of the
160 acres in Sections 2 and 11 to Lizzie (he may have already sold off the
remaining 80 acres in Section 12 by that time). Why he did this appears to be
related to the fact that the Klondike Gold Rush had started in August of that year.
John left for the Yukon Territory, where he joined the estimated 100,000
prospectors who flooded the region in search of wealth. However, according to
family history he disappeared there in 1898 and was presumed dead.5
Following the loss of their husband and father, Lizzie and the children moved to
her parents’ ranch near Eagle, where they shared the home with a boarder
named Charles Curry. Although he was seven years younger than Lizzie, the
two struck up a relationship and were soon married. In April 1905, Lizzie and
Charles Curry sold the acreage in Avon to Joseph Metherd for $3,700. The sale
excluded the strip of land already transferred to the D&RGRR, but included their
share in the Metcalf Ditch.6
Joseph Henry Metherd was born in Dayton, Ohio around 1870 and as a child
moved with his family to Cass County, Indiana. After growing up on the family
farm, he moved west to Denver, Colorado and in 1899 married Luella Burns
there. They initially settled in Breckenridge but relocated to the Avon area by
early 1902 with their growing family. According to a local newspaper article
about the 1905 land purchase, the Metherds were residing at the time on a
leased property known as the McCoy Ranch and had no immediate plans to
settle on the Metcalf property. In addition, the Metcalf Ranch was already leased
to another party. In any case, Joseph Metherd owned the acreage for just a few
years before selling it to Paul Hahnewald in July 1908 for $10,000 (more than
$250,000 in today’s currency value). Following the sale, Joseph and Luella left
the Eagle River Valley for good and moved with their children first to Idaho and
from there to Nevada and California.7
The Hahnewald Era: Paul Hahnewald not only acquired the acreage from
Joseph Metherd in 1908, but on the same date as the land transfer he paid
Metherd an additional $10,000 for a substantial number of items related to the
ranching operation. These included about eight horses, sixty-four head of cattle,
wagons, a buggy, a mower, a hay stacker, sleds, harnesses, plows, harrows,
cultivators and other equipment. The deal included a blacksmith shop, complete
with anvils, bellows and tools. A few weeks later, Paul spent another $1,125 on
additional items from I. Fedor Schlaepfer. Among these were horses and cows,
5 Warranty Deed, John C. Metcalf to Lizzie Metcalf, 21 December 1896 for the S½ of the SE¼ of
Section 2 and the N½ of the NE¼ of Section 11, Township 5 South, Range 82 West; Amy Metcalf
Bowen, “Memories of Eagle County in the 1880s”; Records for John C. Metcalf on ancestry.com. 6 US Census Records for Lizzie Metcalf and Charles Curry, Eagle County, CO (1900); Warranty
Deed, Lizzie Metcalf Curry and Charles A. Curry to Joseph H. Metherd, 29 April 1905. 7 Warranty Deed, Joseph H. Metherd to Paul Hahnewald, 17 July 1908; United States Census
Records for Joseph H. Metherd, Cass County, OH (1880) and Kilsap County, WA (1910); Eagle
County Blade, “Local Paragraphs,” Notes Related to Metherd Purchase, 4 May 1905; Eagle
Valley Enterprise, Local Notes Regarding the Metcalf Family, 29 October 1943.
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along with a buggy, bobsleds, a wagon, three plows, log chains, yokes, a sled,
and loading equipment consisting of a block, tackle and beam.8
Despite the large sum of money that Paul Hahnewald spent to acquire the
property at Avon, he did not hold onto it for very long. In November 1908, just
four months after he purchased the land, he sold it for $9,000 to his brother
Albert.9 Born in Saxony, Germany in 1867, Albert immigrated to the United
States in 1881. His wife Frances was from Fredricksburg, Texas, a German
immigrant town in the hill country where the couple evidently met and married.
They had three children, with just one son named Albert Jr.10
By the mid-1890s, Albert and Frances had moved to Leadville, where he
acquired the popular Turner Hall bar. He also served two terms as a town
alderman. Albert and his brothers Paul, August, Robert and Otto were engaged
in mining and ranching. Together they discovered a rich lode of ore in Leadville
during the late 1890s. In addition, they owned the Colorado Bakery, which sold
baked goods, groceries, produce and confections.11
Following his purchase of the land at Avon in late 1908, Albert resettled his family
there. He appears to have been the person who constructed the large barn that
remains on the site today. Once it was completed, the building formed the
nucleus of the ranchstead where Albert spent the following years raising livestock
and growing feed crops such as grains and hay. Before long, he acquired 900
acres of ranchland close to Edwards, where he eventually ran 1,000 head of
cattle, along with horses and hogs. It appears that this larger property became
the family’s home ranch where they primarily lived. The ranch’s range extended
from Red Canyon on the west to Gore Creek on the east.12
In addition to their mountain properties, the Hahnewald family maintained a home
on Albion Street in Denver. After 1915, Albert divided his time between Eagle
County and the Denver house. Albert Jr. joined him in managing the ranch,
which operated as the Hahnewald Land & Livestock Co., although he was away
for some time serving in the American Army during World War I. Three years
later, following a December 1918 cattle-selling trip to Kansas City, Albert Sr.
returned to Denver with a case of influenza. This occurred during the epidemic
that was sweeping the nation. By the end of the month, he had succumbed to
pneumonia and was buried in Fairmount Cemetery at the age of fifty-one.13
8 Bill of Sale, Joseph H. Metherd to Paul Hahnewald, 17 July 1908; Bill of Sale, I. Fedor
Schlaepfer to Paul Hahnewald, 3 August 1908 (Schlaepfer appears to have been part of a family
of Swiss immigrants whose members resided in Leadville). 9 Warranty Deed, Paul Hahnewald to Albert Hahnewald, 24 November 1908. 10 Carbonate Chronicle, “Business Man Suddenly Called,” 30 December 1918, p. 1; Eagle Valley
Enterprise, “Frances Hahnewald Buried in Denver,” 16 March 1950, p. 1. 11 Carbonate Chronicle, “Business Man Suddenly Called,” 30 December 1918, p. 1 and “Albert
Hahnewald,” obituary, 30 December 1918, p. 3; Eagle Valley Enterprise, “Paul Hahnewald Dies,”
12 November 1937, p. 1; Leadville Daily Chronicle, “The Colorado Bakery,” 26 May 1894, p. 3. 12 Carbonate Chronicle, “Business Man Suddenly Called,” 30 December 1918, p. 1. 13 Ibid.
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The Kroelling Era: In November 1915, Albert Hahnewald sold the Avon
property, which included the large barn, to Paul Kroelling for $15,000. Paul
Frederick Kroelling was born in Germany in 1864 and immigrated to the United
States in 1889. He settled in Leadville, where he operated a slaughterhouse and
meat market. Paul also served as a member of the volunteer fire department. In
1892 he married Anna Winters, who was also a native of Germany. They had
two children, one of whom (Frederick) lived to adulthood. The family remained in
Leadville until 1915, when they moved down the Eagle River to Avon.14
In the fall of 1917, the Kroellings were busy harvesting ninety acres that they had
planted with crops. This included twelve acres of potatoes producing two
hundred sacks to an acre, thirty acres of oats, and the remainder in hay at four
tons to the acre. The hay was used to feed their cattle and would have been
stored in the barn’s large upper floor hayloft. The family’s cattle and sheep were
pastured on the property as well as along the Piney Divide. In 1921, Paul
Kroelling was elected vice-president of the newly formed Avon Stockgrowers’
Association. During the 1920s, the Kroellings added head lettuce to the crops
grown on their ranch.15
Paul died in 1938 on his Avon ranch and was buried in Leadville, and following
the death of her husband Anna moved back there. She and their son Fred
inherited the Avon property in 1940 through the settlement of Paul’s estate. In
May 1948, they sold it and Fred moved to Carbondale, where he became a
longtime resident. Anna died in Leadville in 1950 and was buried next to her
husband.16
The Nottingham Era: On 1 May 1948, Harry A. Nottingham, a local rancher
and member of the prominent family that had settled much of this area of the
Eagle River Valley in the early 1880s, purchased the former Hahnewald Ranch at
Avon. One month later, a public sale was held on the property to dispose of the
Kroellings’ cattle, horses, machinery, household goods, tools and other
miscellaneous items. Harry added the property to his extensive ranch holdings in
the vicinity and held onto it until March 1955, when he transferred it to his oldest
son Arnold (Harry A. Nottingham Jr.) together with several nearby parcels.17
14 Warranty Deed, Albert Hahnewald to Paul F. Kroelling, 1 November 1915; United States
Census Records for Paul F. Kroelling, Leadville, CO (1900 & 1910); Carbonate Chronicle, “The
officers elected are as follows…,” 22 April 1901, p. 2; “Paul Kroelling,” (death notice) 22 July
1938, p. 1. 15 Eagle Valley Enterprise, “Eagle County Farmers Are Still Busy,” 19 October 1917, p. 1; Eagle
Valley Enterprise, “Stockgrowers of Avon District Form Association,” 25 March 1921, p. 4; Eagle
Valley Enterprise, “Paul Kroelling one of the most progressive young ranchers…,” 24 February
1922, p. 5. 16 Eagle Valley Enterprise, “P. F. Kroelling Dies,” 13 July 1938; Eagle Valley Enterprise, “Paul
Kroelling,” (death notice) 22 July 1938, p. 1; Warranty Deed to Joint Tenants, Estate of Paul F.
Kroelling to Anna Kroelling and Fred Kroelling, 11 March 1940; Eagle Valley Enterprise, “Anna
Kroelling,” 27 July 1950, p. 1. 17 Warranty Deed, Anna Kroelling and Fred Kroelling to Harry A. Nottingham, 1 May 1948; Eagle
Valley Enterprise, “Public Sale!,” (advertisement) 4 June 1948, p. 4; Warranty Deed, Harry A.
Nottingham to Harry A. Nottingham, Jr., 31 March 1955.
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After Arnold acquired the property, his brother Allan became a co-owner. From
1948 on, they ran sheep there and used the large barn’s lower level for livestock
shelter and lambing. This area of the building held a number of pens that housed
the ewes and their lambs. The upper level served as a hayloft. Off the barn’s
south wall, the long loafing shed that once stood there also sheltered the sheep.
In 1966, Allan moved into the log home on the property with his wife Linda and
their children. This may have been the same log cabin built by John Metcalf in
1882, although by that time it had been improved and expanded with a kitchen
and dining room.18
Figure 4: Aerial Photograph of the Avon Area
View to the Southeast, 9 October 1970
The Nottinghams remained on the ranch for six years until December 1972,
when Arnold and Allen sold a number of their area lands to Benchmark-Avon
Properties. At that time, Benchmark was in the process of assembling acreage
for development of the town of Avon, and the Nottingham parcels were key to
their plan. The Town of Avon was incorporated in 1978 and Allan not only
served on its first town council but was also mayor for twelve years. This decade
marked the end of the area’s history as a ranching center and the beginning of its
development in association with the nearby Beaver Creek Ski Resort.19
18 Allan Nottingham Interview, 2 May 2016 19 Ibid.; Warranty Deed to Corporation, H. Arnold Nottingham and Allan R. Nottingham to
Benchmark-Avon Properties, 27 December 1972.
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Photo 8: West End of the Barn, early 1970s
note the loafing shed addition to the south
(courtesy of Tamra Nottingham Underwood)
Photo 9: Upper Level Interior, early 1970s
(courtesy of Tamra Nottingham Underwood)
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As Benchmark subdivided the former Metcalf-Hahnewald-Kroelling-Nottingham
lands during the 1970s, the parcel containing the Hahnewald Barn became Tract
O of Block 3 and was reduced to a size of 1.06 acres. To the north and east is
Tract N, a 5.883-acre parcel acquired in 1969 that immediately became the
location of the Avon Wastewater Treatment Plant. (see Figure 5)
Figure 5: Plat of the Benchmark at Beaver Creek Subdivision
Revised Final Plat, Sheet 2 of 3
9 August 1976
In 1977, Benchmark at Beaver Creek sold the parcel containing the barn to
Alameda National Bank in Lakewood, Colorado for $83,112. Five years later, the
bank sold it to the Upper Eagle Valley Sanitation District for $98,119. Finally, in
1996 it was transferred one last time to the Eagle River Water and Sanitation
District, which continues to own the barn today.
During the late 1960s and 1970s, the areas to the north, east and west of the
barn were cleared for redevelopment. This included moving the historic log cabin
to Nottingham Park. Construction of the Avon Wastewater Treatment Plant
began in 1969, the LiftView Condominums emerged to the west, and the Eagle
Valley Trail was developed to the south along the river. Despite these changes
and the passage of time, the Hahnewald Barn has remained in its original
location for over a century.20
20 Warranty Deed, Benchmark at Beaver Creek to Alameda National Bank, 28 December 1977;
Special Warranty Deed, Alameda National Bank to Upper Eagle Valley Sanitation District, 16
December 1982; Warranty Deed, Upper Eagle Valley Consolidated Sanitation District to the
Eagle River Water and Sanitation District, 1 July 1996.
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Comments on
Historical & Architectural Significance
Based upon the extensive field documentation and archival research that were
completed for this project and are presented above, the following text provides
information and analysis about the resulting historical and architectural
significance of the Hahnewald Barn. Also addressed is the question of its
architectural integrity from a preservation standpoint.
Although the land where the Hahnewald Barn sits was first settled in 1882 and
was used for ranching over the following ninety years, it wasn’t until around 1910
that the building was constructed. Over the decades between 1910 and 1972, it
was integral to ranching operations that were conducted by three successive
families, the Hahnewalds (1910-1915), the Kroellings (1915-1948), and the
Nottinghams (1948-1972). During this long period, the building was used to
shelter livestock and store hay. Since its agricultural use came to an end forty-
four years ago, it has served as a storage facility associated with the adjacent
Avon Wastewater Treatment Plant.
In relation to its sixty-two years of historic agricultural use, the barn may be
viewed as associated with events that have made a significant contribution to the
broad pattern of the history of Avon during the twentieth century. As described in
the historical section above, it conveys much about the role it played in area
agriculture. The barn also conveys the story of three prominent families who
initially settled in Leadville before making their way to the Eagle River Valley and
successfully reestablishing themselves there as ranchers. In doing so, they
followed an important pattern of settlement that was associated with the decades
that came after the mining era. Today the barn is a very rare remnant of Avon’s
agricultural heritage, most of which has disappeared in recent decades.
The Hahnewald Barn is also of interest from an architectural standpoint. In light
of the various styles of historic barns that exist across the United States, it may
be classified in a few different ways, all of which are simply descriptive of the
building’s form and style. It can be called a gable entrance barn, a transverse-
crib barn, or a basement barn. These all refer to a building that has a short lower
level where livestock were housed, and a much taller upper level that served as a
hayloft. Its lower level entrances are situated directly across from each other on
the gable ends of the building and are connected by a long central alley that was
flanked by long spaces that were used to house the animals.
This style of barn originated in New England and upstate New York during the
middle years of the nineteenth century. It then became popular in the Midwest
as the nation expanded in that direction. During the settlement era of the late
1800s and early 1900s, migrants brought the style to the West, including
Colorado, where it appeared in various locations. It proved to be a very
functional style that worked well in ranch settings and for dairy operations.
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Based upon its style and details, the Hahnewald Barn embodies the distinctive
characteristics of a type, period, and method of construction that are present in
its architecture. In other words, the building continues to convey the important
elements of this particular style and the methods that were employed in its
construction. Consequently, it is a locally rare example of early 1900s
agricultural architecture, little of which is left standing in the Avon area today.
Regarding the question of architectural integrity (this is different from condition),
the barn has changed little since it was constructed over a century ago. Seven
aspects of integrity have been defined by the National Park Service and are used
throughout the country to analyze historic buildings, structures and sites. These
are location, design, setting, materials, workmanship, feeling, and association.
The precise definitions of these terms can be found in National Park Service
Bulletin 15 at www.nps.gov/Nr/publications/bulletins/nrb15. In general, the
aspects of location, design, workmanship, feeling and association all appear to
be very intact on this building.
Anyone who views the Hahnewald Barn today can easily see that it is quite old
and is associated with the area’s ranching heritage. The most obvious change in
recent decades has involved replacement of the original wood shingle roof with
metal panels. While this utilitarian solution to an aging roof is not ideal and
detracts somewhat from its historic appearance, this has become a common
approach to replacing wooden roofs on historic agricultural buildings and
primarily impacts the aspect of materials. However, this is viewed as a moderate
alteration to the barn’s integrity since it did not change the form of the roof and
the remaining historic materials are largely intact.
The other non-historic alterations to the barn that are described above are less
obvious and have done little to diminish its architectural integrity. The building
retains its original size and form, its lower concrete walls, its board and batten
siding, its window and door locations, its hayrail projecting from the roof, and its
rooftop ventilators. The interior also exhibits the original structure of the building,
with its heavy lower level post and beams, and the upper level’s wood floor and
lighter wall and roof framing.
Changes that have occurred to the setting around the barn are more distinct.
These have involved the disappearance over the past several decades of the
associated ranch buildings and the rural landscape as a whole, except for the
river corridor to the south. Due to these changes, this aspect of integrity is more
substantially diminished than any of the others. This raises a question of
whether the loss of setting is impactful enough to have damaged the barn’s
overall integrity. The answer probably rests in the fact that for a building to
exhibit a good degree of architectural integrity, only a predominance of the
aspects of integrity must exist. How local and state officials completing formal
review of the property might interpret this remains uncertain.
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Bringing the Past to Life
Comments on
Condition and Preservation
Finally, the author of this study was asked to comment on the condition of the
Hahnewald Barn and practical options for its preservation. However, it must be
understood that the following observations and statements are provided from the
perspective of an experienced historic preservation professional and not a
licensed engineer or architect.
After more than a century of use and exposure to the elements, the Hahnewald
Barn is in need of a number of repairs. The structure of the building appears to
be quite good overall, with most of the concrete, woodwork and architectural
details intact and little changed from its original construction. Most obvious is the
deterioration that has occurred along the lower concrete walls, much of it related
to moisture damage. The ground outside the north wall slopes steeply down to
the building and is filled with snow for half the year. This results in a situation
where melting snow and rainfall do not drain properly away from the building.
Not only has this impacted the concrete wall, but the lower door and windows
along this side of the barn are also damaged.
It is likely that the deterioration found along the south concrete wall, which is the
most severely damaged area of the building, started decades ago when the
loafing shed was still there. Over the years this probably filled with a deep layer
of manure that rested against the concrete wall and launched its deterioration.
After the loafing shed was removed, the storage of sand and gravel piles in the
same location appears to have accelerated the damage. Today the south
concrete wall is structurally compromised by the fact that a large area is
completely missing. Together with the adjacent deteriorated areas, about one-
third of the south wall is compromised and in need of attention.
Steel beams and scaffolding have been placed inside the lower level of the
building to shore up these areas and prevent it from collapsing. This is a
temporary solution that needs to be addressed in the near future. If the barn
were to remain where it is, new segments of the concrete walls will need to be
constructed, but only where these materials are damaged and missing. In
addition, there is a need to address moisture and drainage problems so that
future damage is avoided. Because the concrete walls are so important to the
integrity and structural stability of the building, work on the damaged areas
should be done with the guidance of a preservation architect or engineer. It is
not advisable to just turn it over to a concrete contractor.
Another structural item that should be inspected by a preservation architect or
engineer involves the removal of the north-south horizontal beams that were
located within the upper level hayloft. These were severed decades ago,
sometime prior to the early 1970s, and the stability of the long north and south
walls has been dependent since then upon the six tie bars that remain in place.
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These appear to have done their job and the walls do not seem to be bowing
outward. However, this should be inspected more closely to ensure that the loss
of the beams has not resulted in a building that is structurally compromised. In
addition, the tie bars may need to be adjusted from time to time, and it is not
known if that has ever been done.
The only other features on the barn that need attention are some of its smaller
architectural details. For example, deterioration of the doors and windows should
be addressed to ensure that they are restored and working as intended. The
north door on the lower level is being pushed inward by the snow and is
deteriorating due to drainage problems outside the building. As the windows all
over the barn deteriorated, they were simply boarded closed rather than being
fixed. These should be replaced with windows that are fabricated to match the
originals. The historic photograph on page 16, together with remnants that
remain on the building, should serve as guides for their fabrication.
The lower level doors on the west and possibly east may need to be
reconstructed, since at least one of these is non-historic. On the upper level, the
board and batten siding seems to be functioning well, but may need some
attention to make sure that it is secured to the building. The threshold at the
large entry on the upper north side has been damaged and needs to be repaired.
This damage has also exposed the lower level below to water infiltration. Finally,
the ventilators atop the roof look like they require some repairs.
While the discussion above addresses condition issues and preservation
recommendations, the Eagle River Water and Sanitation District has determined
that the barn must be removed to make room for expansion of the Avon
Wastewater Treatment Plant. There are two possible methods of accomplishing
this. One of these is demolition and the other is to have the building moved to a
new site. Demolition will obviously result in total loss of the barn, one of the last
historic buildings in its original location in Avon that is directly related to its
agricultural heritage. On the other hand, moving the barn will allow it to survive.
Where the barn is moved to may make some difference to the community. A
privately owned property is one possibility. An ideal public location might be
Nottingham Park across the rail corridor to the north. There it would rest upon
land that was also associated with the ranch from its beginnings in the late
1800s. In addition, this would place the barn closer to the relocated log cabin
that formerly stood to its west. In Nottingham Park, the barn could be
repurposed to serve the community, making it more accessible to the public than
it has been for many years.
Wherever it might end up, if the barn is to be moved it will require new concrete
lower walls that should essentially replicate the ones there today. The woodwork
throughout the building will need to be carefully disassembled, moved, and then
reassembled on the new site. Interpretive signage placed outside the building
could provide the public with information about its history, along with discussion
of the fact that it was moved and saved for the benefit of the community.
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Bibliography
Aerial Photograph of the Avon Area, View to the Southeast, 9 October 1970.
Bill of Sale, Joseph H. Metherd to Paul Hahnewald, 17 July 1908, Eagle County
Clerk and Recorder, Book 50, Page 540.
Bill of Sale, I. Fedor Schlaepfer to Paul Hahnewald, 3 August 1908, Eagle
County Clerk and Recorder, Book 50, Page 541.
Bowen, Amy Metcalf. “Memories of Eagle County in the 1880s.” Unpublished
manuscript in the historical collection of the Eagle Valley Library District,
Eagle, Colorado, no date. (Bowen mentioned that the cabin built by her
father in 1882 was still standing at the time she wrote this material, which was
no earlier than the 1930s.)
Carbonate Chronicle (Leadville)
“The officers elected are as follows…,” 22 April 1901, p. 2.
“Society,” 4 September 1911, p. 6.
“Business Man Suddenly Called,” 30 December 1918, p. 1.
“Albert Hahnewald,” (obituary) 30 December 1918, p. 3.
Cash Patent, USA to John C. Metcalf, 2 June 1890. Eagle County Clerk &
Recorder, Book 48, Page 272. General Land Office, Certificate No. 581 for
the N½ of the NE¼ of Section 11 and the N½ of the NW¼ of Section 12,
Township 5 South, Range 82 West.
Decree of Final Settlement, Estate of Paul F. Kroelling, 11 March 1940, Eagle
County Clerk and Recorder, Book 124, Page 524.
Eagle County Blade (Eagle)
“Local Paragraphs,” Notes Related to Metherd Purchase, 4 May 1905, p. 1
Eagle Valley Enterprise (Eagle)
“Brand Directory,” 18 August 1916, p. 4
“Brand Directory,” 1 March 1918, p. 4
“Albert Hahnewald was down from the ranch,” 28 January 1921, p. 5
“Stockgrowers of Avon District Form Association,” 25 March 1921, p. 4
“Obbie Hahnewald Commits Suicide,” 20 August 1926, p. 1
“Frances Hahnewald Buried in Denver,” 16 March 1950, p. 1
“Eagle County Farmers Are Still Busy,” 19 October 1917, p. 1
“One of the really old settlers…, 29 October 1943, p. 5
“John W. Love…John C. Metcalf...,” 5 August 1921, p. 1
“Paul Hahnewald Dies,” 12 November 1937, p. 1
“Paul Kroelling one of the…,” 24 February 1922, p. 5
“P. F. Kroelling Dies,” 13 July 1938
“Paul Kroelling,” (death notice) 22 July 1938, p. 1
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“Anna Kroelling,” 27 July 1950, p. 1
“Public Sale!,” (advertisement) 4 June 1948, p. 4
Edwards 7.5’ Topographic Quadrangle Map, United States Geological Survey,
1962 (revised 1987).
Endersby, Elric, Alexander Greenwood and David Larkin. Barn: The Art of a
Working Building. Boston, MA: Houghton Mifflin Company, 1992.
Hart, Bobby. Bob-O’s Turn in Avon, Colorado. Bloomington, IN: AuthorHouse,
2005.
Historic Photographs of the Hahnewald Barn, From the Collection of Tamra
Nottingham Underwood, early 1970s.
Homestead Patent, USA to John C. Metcalf, 18 July 1893. Eagle County Clerk &
Recorder, Book 48, Page 508. General Land Office, Certificate No. 410 for
the S½ of the SE¼ of Section 2, Township 5 South, Range 82 West.
Leadville Daily Chronicle
“The Colorado Bakery,” (advertisement) 26 May 1894, p. 3
“The Exciting Adventure of Two Young Men Who Went to the Woods,” 23
December 1897, p. 4
Metcalf Family History, Unpublished Manuscript Posted on Ancestry.com.
Nottingham, Allan. Interviewed by Ron Sladek of Tatanka Historical Associates
Inc. on 2 May 2016.
Plat of the Benchmark at Beaver Creek Subdivision, Revised Final Plat,
Reception No. 134061, Sheet 2 of 3, 9 August 1976, Eagle County Clerk and
Recorder, Book 247, Page 989.
Property Record Card, Parcel 2105-111-01-010, Eagle County Assessor.
Receipt for Inheritance Tax, Estate of Paul F. Kroelling, 25 January 1939, Eagle
County Clerk and Recorder, Book 124, Page 318.
Resume of Applications and Amended Applications, Colorado Water Division 5,
August 1999.
Special Warranty Deed, Alameda National Bank to Upper Eagle Valley Sanitation
District, 16 December 1982, Eagle County Clerk and Recorder, Book 351,
Page 372.
Statement of Claim to Water Right, Metcalf Ditch, Eagle County, Colorado, Water
District No. 37, 16 August 1894.
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United States Census Records for Elizabeth “Lizzie” Love, El Paso County, CO
(1870).
United States Census Records for John and Lizzie Metcalf, Park County, CO
(1880).
United States Census Records for John W. Love, Breckenridge, Summit County,
CO (1880) and Eagle County, CO (1885).
United States Census Records for John W. Love, Elizabeth Metcalf and Charles
Curry, Eagle County, CO (1900).
United States Census Records for Joseph H. Metherd, Cass County, OH (1880),
Kilsap County, WA (1910).
United States Census Records for Paul F. Kroelling, Leadville, CO (1900 & 1910)
and Avon, CO (1920).
United States Census Records for the family of Harry and Marie Nottingham,
Avon, CO (1940).
Vlach, John Michael. Barns. New York, NY: W. W. Norton & Company, 2003.
Warranty Deed, John C. Metcalf to the Denver & Rio Grande Railroad, 10
January 1887, Eagle County Clerk and Recorder, Book 19, Page 586.
Warranty Deed, John C. Metcalf to Lizzie Metcalf, 21 December 1896, Eagle
County Clerk and Recorder, Book 47, Page 218.
Warranty Deed, Lizzie Metcalf Curry and Charles A. Curry to Joseph H. Metherd,
29 April 1905, Eagle County Clerk and Recorder, Book 72, Page 66.
Warranty Deed, Joseph H. Metherd to Paul Hahnewald, 17 July 1908, Eagle
County Clerk and Recorder, Book 72, Page 422.
Warranty Deed, Paul Hahnewald to Albert Hahnewald, 24 November 1908,
Eagle County Clerk and Recorder, Book 72, Page 449.
Warranty Deed, Albert Hahnewald to Paul F. Kroelling, 1 November 1915, Eagle
County Clerk and Recorder, Book 87, Page 63.
Warranty Deed, Anna Kroelling and Fred Kroelling to Harry A. Nottingham, 1 May
1948, Eagle County Clerk and Recorder, Book 131, Page 353.
Warranty Deed, Harry A. Nottingham to Harry A. Nottingham, Jr., 31 March 1955,
Eagle County Clerk and Recorder, Book 148, Page 9.
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Warranty Deed, Benchmark at Beaver Creek to Alameda National Bank, 28
December 1977, Eagle County Clerk and Recorder, Book 264, Page 94.
Warranty Deed, Upper Eagle Valley Consolidated Sanitation District to the Eagle
River Water and Sanitation District, 1 July 1996, Eagle County Clerk and
Recorder, Book 708, Page 212.
Warranty Deed to Corporation, H. Arnold Nottingham and Allan R. Nottingham to
Benchmark-Avon Properties, 27 December 1972, Eagle County Clerk and
Recorder, Book 227, Page 253.
Warranty Deed to Joint Tenants, Estate of Paul F. Kroelling to Anna Kroelling
and Fred Kroelling, 11 March 1940, Eagle County Clerk and Recorder, Book
127, Page 126.
Welch, Shirley and the Eagle County Historical Society. The Eagle River Valley.
Charleston, SC: Arcadia Publishing, Images of America Series, 2008.
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Appendix A
Photos of the Hay Rail and Carrier
in the Possession of
Tamra Nottingham Underwood
The rail shown here extends beyond the photo and is 14’ in length.
(photograph by Allan R. Nottingham)
The Louden Hay Carrier, Patented 1894 and Manufactured by the Louden
Machinery Company of Fairfield, Iowa.
ATTACHMENT 1
17
TRACT G
Image credit: Town of Avon
ATTACHMENT 2
18 | Tract G
OVERVIEW
CURRENT USES - FACILITY AREA
The existing facilities within Tract G
includes the Avon Recreation Center,
the Avon Library, Old Town Hall, 351
Benchmark Property (former fire
station), and Main Street Pedestrian
Mall. Town municipal services will be
moved to the New Town Hall in 2018.
Relocation of municipal services,
and essential services moving to the
Joint Public Facility in 2017, provides
an opportunity to create other uses
in this critical core parcel.
CURRENT USES - HARRY A. NOTTINGHAM PARK
The park is valued by the
community for its open green
space. The amenities within the
park currently include:
• Open space
• Nottingham Lake for fishing,
swimming, and stand-up
paddle boarding
• Two athletic fields
• Children’s playground
• Beach and swim area
• Picnic tables
• Barbecue grills
• Recreational paths
• Three tennis courts on the west end of the park
CURRENT ZONING: facility and park
AREA OF FACILITY: 46.88 acres
TRACT G EXISTING CONDITIONS
Avon Performance Pavilion
Old Town Hall
• Two basketball courts on the
west end of the park
• Four pickleball courts
• Softball field on the west end
of the park
• Two sand volleyball courts
• Renovated restroom facility
• Avon Performance Pavilion that includes a 25’x 45’ stage, a large deck over the lake, and a green room available for rental
• Early morning hour dog park
SITE DESCRIPTION
Tract G represents the civic
core of the Town of Avon.
The topography at the site is
mostly level with no natural
steep slope areas. Great views
towards Beaver Creek Resort
are found throughout the park
site. Nottingham Lake allows
recreational access and a beach
area.
Nearby, at the Avon Waste Water
Treatment Plant, the historic
Hahnewald Barn is slated to be
demolished by the spring of 2019.
The Hahnewald Barn was fully
evaluated during the planning
process, including various
opportunities for relocating the
structure onto town -owned
properties. It is being evaluated
for relocation to Tract G.
Image credit: Town of Avon
Image credit: Design Workshop
ATTACHMENT 2
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VILLAGENOTTINGHAM RD
CHIMING BELLSMOUNTAIN S A G E
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Town of Avon Zoning DistrictsResidential DuplexResidential Low DensityResidential Medium DensityResidential High DensityResidential High Density Commercial (retired)Neighborhood CommercialShopping Center (retired)Mixed Use CommercialTown CenterLight Industrial and CommercialPublic FacilityParkOpen Space, Landscaping and DrainagePlanned Unit DevelopmentShort Term Rental OverlayAvon Town BoundaryRoadsRailroadI-70Rivers and Lakes This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein.Phone - 970-748-4030Fax - 970-949-5749http://www.avon.org/communitydevelopment01,000 2,000500FeetTOWN OF AVON ZONING MAPAdopted January 9, 2017 Ordinance 17-19
TRACT G ZONING
Park area Public facility area
ATTACHMENT 2
20 | Tract G
EXISTING CONDITIONS
0’N 100’200’400’
I-70
NOTTINGHAM LAKE
EAGLE RI
V
E
R
TRAILS AND SIDEWALKS
BASKETBALL COURTS
BASEBALL DIAMOND
HAHNEWALD BARN
PLAYING FIELD
ELEMENTARY SCHOOL
LIBRARY
RECREATION CENTER
SHERATON HOTEL
NEW TOWN HALL (2018)
AVON PERFORMANCE PAVILION
RAIL
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RIGH
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POST OFFICE
COMFORT INN
AVON CENTER
BASKETBALL COURT
BEACH SAND VOLLEYBALL COURT
SOCCER FIELD
OLD TOWN HALL
PUBLIC WORKS
TENNIS
COURTS
351 BENCHMARK PROPERTY
ATTACHMENT 2
21
DEVELOPMENT CONCEPT
The Tract G site can
accommodate a mix of cultural,
recreational and new economic
activities and facilities.
CULTURAL/ECONOMIC DEVELOPMENT
CIVIC FACILITIES
Tract G offers the potential to
infuse cultural and new economic
opportunities through mixed use
facility development. Mixed uses
are possible through the re-
purposing of the 351 Benchmark
Property and Cabin, relocation
or re-purposing of the Public
Works garage, and potential
relocation of the Hahnewald Barn.
The 351 Benchmark Property
can be renovated, expanded or
replaced with a larger cultural,
educational and entrepreneurial
facility. The Hahnewald Barn
will be considered as a facility
to house the full spectrum
of recreational, cultural and
economic development uses
to be developed on Tract
G, in conjunction with the
351 Benchmark Property,
Recreation Center expansion and
Performance Pavilion. The Old
Town Hall will be demolished
to accommodate future uses,
including the potential for
relocating the Hahnewald Barn.
The geographic area for these
facilities is recognized as a high
value location, with unmatched
views and proximity to the Eagle
River, Nottingham Park, the lake
and the many lodging properties.
The Town Council has adopted a
goal to become one of Colorado’s
Creative Districts. A certified
Creative District delineates a
defined area to attract artists and
creative entrepreneurs, which
then is attractive to residents,
visitors and private businesses.
Envisioned uses planned among
the facilities include a combination
of spaces from working studios,
learning center, educational
classrooms, including but not
limited to culinary, master classes,
business start-ups, in-residence
housing, indoor performance
space, private event space, such
as for weddings, and support for
the Avon Performance Pavilion,
including additional green room
space. The affiliated needs for
additional restrooms, a small
parks equipment storage space,
and interface onto the adjoining
soccer field will be planned.
The next steps require continued
public input to determine the
demand for the spaces and
placement of the various uses
among the facilities, including the
degree of flexibility in multi-use
development. Discussion with
the Library Board, including the
potential for expansion south
of the existing structure and
interface with multi-use facility
development should be pursued.
Expansion of the Recreation
Center, described below, should
be included in the facilities mixed-
uses determinations.
ATTACHMENT 2
22 | Tract G
1
2
3
4
5
6
7
8
9
PROGRAM OF USES AND
FACILITIES
Existing Basketball/
Tennis Courts
Multi-Purpose Field
Beach/Sand Volleyball
Playground
Performance Pavilion
Old Town Hall Area:
Multi-Use Facility;
New Surface Parking;
Restrooms
Park Landscape
Improvements
Recreation Center
Expansion
Landscape Learning Area
Cultural/Economic
Development Planning
Area:
Multi-Use Building(s);
Library Expansion; New
Surface Parking; Cultural/
Economic Development
Facility(s) / Public Open
Space
RECREATIONAL DEVELOPMENT
HARRY A. NOTTINGHAM
PARK
Beginning with the existing
park environment, Harry A.
Nottingham Park will maintain
much of its current use patterns,
such as passive recreational trails,
lake access, playground, beach,
field/court facilities and more.
Future improvements will include
park upgrades including improved
landscaping, additional restrooms
and more surface parking. It is
important in the future to activate
and attract residents from the
southwest corner of the park. A
multi-use field can continue to
be accommodated on the south
west portion of the site. Interim
uses can be accommodated
on the site, including parking or
expanded lawn space.
Providing for an expanded skating
rink, to meet the interests of
various skaters, and to extend the
skating season, a chilled outdoor
ice skating rink can be located in
proximity to the facilities planned.
The ice rink can support a game
plaza, gathering space or area for
festival tents and vendors, during
warmer months.
RECREATION CENTER
EXPANSION
A proposal brought forward in
2014, identified the program
needs for expansion of the
Recreation Center. From the
program needs work, the
Recreation Center benefited
from upgrades and renovations
to accommodate the growing
user demands. As the Recreation
Center reaches capacity, primary
for building expansion is the need
for indoor sports areas and a
multi-use community spaces for
activities such as basketball, yoga
and fitness classes, increased
room for cardio/weights, and
multi-use space for special
events, such as birthday parties.
The feasibility of the inclusion
of a regulation-size swimming
pool, with an indoor/outdoor
relationship requires more study.
The recreation expansion plan
also includes the concept of a
splash pad or water play facility.
This is located in the front of the
recreation center, activating the
space between the Recreation
Center and the park, while
consolidating management and
operations/maintenance of the
facility. During off-seasons, the
space can function as an activity
plaza.
Recreation Center
Splash Pad
Image credit: Design Workshop
Image credit: landscap.cn
ATTACHMENT 2
23
PROPOSED CONCEPT PLAN
76 Spac
e
s
116 S
p
a
c
e
s
EAGLE RIVER
70 S
p
a
c
e
s35 Spaces14 Spa
c
e
s
14 Spaces37 Spaces
Propos
e
d
Hi
g
h
A
m
e
n
i
t
y
Bicycle/
P
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d
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s
t
ri
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n
F
a
c
ili
t
y
I-70
NOTTINGHAM LAKE
2
2
1
3
8
9
6
7
4
5
22 Spaces
On-Stre
e
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P
a
r
k
i
n
g
ATTACHMENT 2
24 | Tract G
PHASING AND FUNDING
PHASE 1
Facility Planning
In 2018, the planning of the
351 Benchmark Property,
Hahnewald Barn, Recreation
Center Expansion, the outdoor
skating/game plaza, Mikaela Way
and interface to the Main Street
Mall will be planned, including
the identification of multi-uses
and schematic to construction
documents. With strong civic
engagement outreach, the
integration of recreational, cultural
and economic development
in this important geographical
area in the Town of Avon can be
maximized for a unique “center”
in the Vail Valley.
Old Town Hall Demolition
Demolition of the Old Town Hall
will allow for future uses and
buildings, including the potential
relocation of the Hahnewald
Barn. Depending on the timing,
the demolition can be delayed.
Interim uses of the building, in
that event, can be considered,
with limited to no investment by
the Town.
Beach Restrooms
A concrete pad located near the
Harry A. Nottingham Park beach
will serve as a stable landing area
for temporary restroom facilities.
In future phases, this concrete
surface will be enhanced with
permanent facilities.
High-Voltage Hook Ups and
Performer Coach Parking
To accommodate visiting
performers, high-voltage hook
ups and coach parking will
provide adequate greenroom
space for artists traveling with
large coaches.
Additional Parking
Additional surface parking
will be designed along West
Benchmark Road with preference
for permeable pavers or similar
treatment.
Landscape Enhancements
Park landscape enhancements are
intended to improve the qualities
of the existing park through more
defined planting, user amenities
and art.
Landscape learning areas that
utilize native landscaping for
educational purposes are an
untapped opportunity.
PHASE 2
Finalization of facility development
costs and prioritization of facility
phased development.
FUNDING
The adopted 2018 Capital Project
Fund has $2,500,000 in reserve
for the development of the Town-
Owned Properties, upon adoption
of the Development Strategies.
These monies are available for
planning and project development.
Additional monies may be
appropriated by the Town Council.
Urban Renewal Fund surpluses,
if any, may also be considered
through the term of the current
District Plan. Bonding for major
capital construction will be
required for project costs beyond
this reserve.
ATTACHMENT 2
25
PARKING
PARKING
The Old Town Hall could incur a net loss of parking spaces with the reuse of the site, however, the current use of the site will also relocate. Adding parking to West Benchmark Road, between Lake Street and Avon Station, could add new parking spaces to the West Town Center Core.
Over time, it is proposed to
relocate the parking that exists
between the Recreation Center
and the 351 Benchmark Property
in order to strengthen the
pedestrian connection, vitality,
form and place-making of the mall
and its connection to Harry A.
Nottingham Park. Parking should
be relocated incrementally during
adjacent development activities.
The Recreation Center expansion will occur in the location of the existing parking lot.
Harry A. Nottingham Park
will continue to be served by
surrounding parking. The existing
lot of 19 spaces to the north of
the park has been supplemented
with on-street parking during
the summer season of 2017. In
addition, 72 spaces are available
at Avon Elementary School on
weekends and non-peak school
times. Special event parking will
require continued coordination
with individual private property owners through shuttling from locations such as Traer Creek Plaza, to allowing parking during non-business hours at establishments like US Bank, First Bank, Beaver Creek Bear Lots (overflow), and more.
ATTACHMENT 2
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Introduction and Overview of Local Government Laws
DATE: January 4, 2019
INTRODUCTION: This memorandum provides an overview of the law regarding meetings and conduct of
elected and appointed officials. Specific topics addressed in this memorandum include Conflicts of Interest;
Colorado Open Meeting Law; Colorado Open Records Act; Executive Sessions; and Legislative versus
Quasi-Judicial actions. This memorandum and the presentation on January 8, 2019 is not intended to be
an exhaustive or definitive explanation of these topics, rather, they are intended to be an overview and
introduction to these topics so that you may better recognize when attention or consideration is warranted
during the course of performing official duties.
1. CONFLICT OF INTEREST: Conflict of interest rules and guidelines apply to Town Council
members as well as Town employees and members of Town boards and commission. This memorandum
discusses general considerations, sources of conflict of interest laws, consequences of violations, and
recommended best practices.
GENERAL CONSIDERATIONS: Conflict of interest rules and guidelines are an integral safeguard in our
system of democracy because they protect against abuse of governmental power. Colorado Revised
Statutes (“CRS”) §24-18-103(1) states,
“The holding of public office or employment is a public trust, created by the confidence
which the electorate reposes in the integrity of local government officials, and employees.
A local government official or employee shall carry out his duties for the benefit of the
people of the state.”
The Avon municipal code sets forth a Declaration of Policy in Section 2.30.020, which states,
“The proper operation of democratic government requires that public officers be
independent, impartial and responsible to the people; that government decisions and
policy be made within the proper channels of the governmental structure; that public office
not be used for personal gain; and that the public have confidence in the integrity of its
government.”
Two basic considerations for conflict of interest matters are whether the conduct is an actual conflict of
interest and whether the conduct creates the appearance of impropriety. The “appearance of impropriety”
consideration is important because often times conduct that is not clearly conflict of interest due to private
financial gain may involve other interests that the public perceives to be a conflict. Note that Avon
Municipal Code section 2.30.060 (8) states that a Town officer shall not, “Perform any official act under
circumstances which give rise to appearance of impropriety on the part of the officer; . . . .”
Ethical rules, statutes and guidelines should be treated as minimum standard, or floor, rather than the
ceiling. Actions that are technically legal may not be ethical. Consultation with the Town Attorney is
recommended when the application of conflict of interest rules and guidelines to a specific situation is
uncertain. Public officials should always consider the appearance of his or her conduct as viewed in the
harshest public light, not by his or her own perception of reasonableness.
CONFLICT OF INTEREST LAWS: There are five areas in which conflict of interest laws arise, including:
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 2 of 8
1. Colorado Constitution: Art IV, §19 (salary and compensation of elected officials cannot be
increased or decreased during official term); Art XII, §§6 and 7 (bribery).
2. Statutory Standards of Conduct: C.R.S. §24-18-101 et. seq., Code of Ethics; C.R.S. §24-18-201
et. seq. Proscribed Acts Related to Contracts and Claims; C.R.S. §31-4-404(2) and (3) Requirements
and Compensation of Officers.
3. Criminal Code: §18-8-302 (criminal bribery), §18-8-304 (soliciting unlawful compensation), §18-8-
303 (compensation for past official behavior); §18-8-305 (trading in public office); §18-8-308 (failure
to disclose a conflict of interest).
4. Avon Municipal Code: Chapter 2.30 Town Code of Ethics.
5. Common Law Doctrine of Conflict of Interest: Soon Ye Scott v. City of Englewood.
The Town Code of Ethics supersedes the statutory Standards of Conduct because Avon is a home rule
community. However, state criminal codes still apply and other areas of the law may be used to interpret or
construe the Town Code of Ethics where similar language and provisions are used.
AVON CODE OF ETHICS: The Town Code of Ethics is more extensive than the Statutory Code of Ethics.
The definition of financial interest in the Town Code of Ethics tracks the statutory definition in C.R.S. §24-
18-102(4) but also extends the definition to the interest of the public official’s spouse and dependent
children. The Town Code of Ethics prohibits conduct which gives rise to the appearance of impropriety and
failure to disclose ex parte contacts. The latter two conflicts of interest are discussed in the Recommend
Best Practices section below. The Avon Town Council determines whether a conflict of interest exists for
Council members and the Planning Commission determines whether a conflict of interest exists for
Planning Commission members.
The Town Code of Ethics was amended in 2015 to add a new category of conflict of interest which
prohibits Town Council members from taking employment or compensation related to any matter in which
the Council took an official action. As an example, voting on development project approval, such as a
hotel, would prohibit such Council members from taking any employment position related to the
development, or taking any compensation related to the project such as construction, sub-contracting, real
estate brokerage, legal work, financial services, etc. This restriction applies to official acts that occurred
fewer than four years prior to such employment or compensation and extends for six months after the
expiration of a Council member’s term. Due to the sweeping nature of this restriction, a majority of the
disinterested Council members may waive this restriction if deemed reasonable and appropriate for a
specific circumstance. This conflict of interest category is more stringent than the State Code of Conduct
as well as any other municipal Code of Ethics of which I am aware.
PROCEDURES AND PENALTIES FOR VIOLATIONS: Avon’s Code establishes the Town Council as
having the primary responsibility for enforcement of the Town Code of Ethics. The Town Council may
direct the Town Attorney to investigate and prosecute violations. Violations of the Town Code of Ethics are
punishable by up to $1,000 and one year in jail for each offence and upon conviction of a violation of the
Town Code of Ethics, the Town Officer must forfeit his or her position. The Town Code of Ethics was
amended in early 2012 to incorporate C.R.S. §24-18-103(2), which provides that the District Attorney may
bring appropriate judicial proceedings on behalf of the people for a violation of the public trust.
Proceedings by the District Attorney may be in addition to any criminal proceedings.
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 3 of 8
RECOMMENDED BEST PRACTICES: “Appearance of Impropriety” is a general and subjective term.
Generally, the potential impropriety of conduct should be evaluated by how it may appear to the general
public. Particular attention should be given to conduct which may appear to involve the use of
governmental authority to provide an advantage or benefit for a financial or personal benefit that is not in
the public interest and not available to general public.
EX PARTE CONTACT AND CONFLICT OF INTEREST: Ex Parte contact is contact by a public official
outside of a public hearing which concerns the subject matter of the public hearing. Ex Parte contact can
create a common law conflict of interest if such contact evidences a personal interest. Matters subject to
public hearings are considered to be quasi-judicial and applicants are entitled to fair and impartial review by
the decision makers. Although there is a presumption of integrity, honesty and impartiality in favor of those
serving in quasi-judicial capacities, stating a position on a matter subject to a public hearing prior to the
hearing evidences personal interest and bias and will likely disqualify that person’s vote.
I recognize that inadvertent contact with members of the public can often occur when public officials
are approached by interested citizens. Also, it may be viewed as impolite and inappropriate for a public
official to not communicate with members of the public on important community matters. A recommended
appropriate response is to explain (1) the matter is subject to public hearing, (2) you are sitting in a judicial
capacity by reviewing the application and must remain impartial, (3) you are not permitted to discuss the
application or formulate an opinion before reviewing all information and considering all comments at the
hearing, (4) if you discuss the matter you may be disqualified from voting, and (5) information regarding the
application and review procedures are available through the Town Hall. Inadvertent contacts and an
explanatory response as to why the matter cannot be discussed do not constitute “ex parte” contact and do
not need to be disclosed. However, any discussion of the merits of an application subject to a public
hearing prior to the public hearing should be disclosed.
2. COLORADO SUNSHINE ACT OF 1972: In the late 60’s and early 70’s most states adopted open
meetings legislation. The Colorado Sunshine Act (“CSA”) was adopted as an initiated statute in 1972.
CSA addresses many areas of state and local government; however, this memorandum will focus only on
the portion of CSA that applies to municipalities which is set forth in CRS §24-6-401 et seq.
Declaration of policy. It is declared to be a matter of statewide concern and the policy of this
state that the formation of public policy is public business and may not be conducted in secret.1
GENERAL RULE: 3 OR MORE: All meetings of a quorum or three or more members of any local public
body, whichever is less, at which any public business is discussed or at which any formal action may be
taken are declared to be public meetings open to the public at all times.2 “Local public body” means any
board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally
constituted body of any political subdivision of the state and any public or private entity to which a political
subdivision, or an official thereof, has delegated a governmental decision-making function but does not
include persons on the administrative staff of the local public body.3
1 CRS §24-6-401. 2 CRS §24-6-402(2)(b) 3 CRS §24-6-402(1)(a)
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 4 of 8
CHANCE MEETING OR SOCIAL GATHERING EXCLUSION. This part 4 does not apply to any chance
meeting or social gathering at which discussion of public business is not the central purpose.4
FULL AND TIMELY NOTICE: CSA generally requires that notice of a public meeting must be posted prior
to the meeting and should include specific agenda information where possible. In addition to any other
means of full and timely notice, a local public body shall be deemed to have given full and timely notice if
the notice of the meeting is posted in a designated public place within the boundaries of the local public
body no less than 24 hours prior to the holding of the meeting.
“In addition to any other means of full and timely notice, a local public body shall be deemed to
have given full and timely notice if the notice of the meeting is posted in a designated public place
within the boundaries of the local public body no less than twenty-four hours prior to the holding of
the meeting.”5
Posting a notice at least 24 hours prior to a meeting at the designated places of posting is a “safe
harbor” which documents compliance with the CSA but is not an absolute, mandatory requirement. Also,
the agenda need not specifically designate the potential that official action will be taken for a particular
business items and it is possible to add business items at the beginning of the meeting if the importance or
need for such business item was not known prior to posting the meeting notice. The Town’s Home Rule
Charter does create a restriction for “special meetings” by stating that no business may be conducted at a
special meeting unless set forth in the agenda and notice of the meeting. The Colorado Supreme Court
has established an “ordinary person” standard for reviewing compliance with CSA’s notice requirements in
which the courts will review the notice in light of the knowledge of an ordinary member of the community to
whom it is directed.6
Matters of public policy and Town decisions which involve significant public interest, controversy or
potential for legal challenge should strictly adhere to the safe harbor standards for full and timely notice.
3. COLORADO OPEN RECORDS ACT (“CORA”): CORA provides that all public records are open
for inspection by any person at reasonable times. Generally, CORA applies to all writings and electronic
records of the Town, including books, maps, photographs, cards, tapes, recordings and any other
document in physical or electronic form. Anyone can submit a public records request. Upon receiving a
request for public records, the “official custodian” must provide access for inspection of public records
within three days, or if due to the large volume documents requested or due to high workload demands,
seven additional days are permitted. The Town Clerk has a public records request form. CORA does not
require the Town to create a record which does not exist (meaning that the Town is not required to create a
report or assemble information in a format that does not exist).
The Custodian may deny release of records in the following categories:
• Police Department and Prosecuting Attorney
• Licensing, employment and academic examinations
• Real estate appraisals
4 CRS §24-6-402(2)(e) 5 CRS §24-6-402(2)(c) 6 Town of Marble v Darien, 181 P.3d 1148 (Colo.2008)
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 5 of 8
• Specialized details of security arrangements
The Custodian must deny release of records in the following categories:
• Medical, Psychological, Sociological and Scholastic Achievement Data
• Personnel files (with exceptions for person in interest)
• Letters of reference
• Privileged and confidential information
• Deliberative process
• Sexual Harassment Investigation Records
• Election Records
• Libraries and museums
• Users of public facilities
• Materials submitted by applicants for executive positions
There is also a catch-all category whereby the custodian may deny access to records which would
“cause substantial injury to the public interest.”
E-MAIL AND OTHER ELECTRONIC CORRESPONDENCE: Town Staff provides e-mail correspondence
on a regular basis to Town Council members in an effort to keep Council members informed of pending
topics. CSA was amended to include e-mails as a form of communication which constitutes a “meeting.”
On the subject of e-mails, CSA states,
“If elected officials use electronic mail to discuss pending legislation or other public business
among themselves, the electronic mail shall be subject to the requirements of this section.
Electronic mail communication among elected officials that does not relate to pending legislation or
other public business shall not be considered a “meeting” within the meaning of this section.”7
The basic elements of a public meeting which arise through e-mail correspondence are (1) an e-mail
sent or distributed by a Council member (2) to three or more Council members that (3) involves Town
business. The past practice in Avon has been for the Town Staff to send updates periodically on matters of
Council concern. At times, Town Staff has received a question from a Council member and copied all the
Council members with the answer. This practice is not considered a public meeting because such e-mails
would not be construed as a discussion of public business among Council members. However, as Council
7 CRS §24-6-402(2)(d)(III)
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 6 of 8
members become involved with committees and e-mail Town Staff, then e-mail Council as a whole, the
potential for a “public meeting” becomes much higher.
PUBLIC RECORDS: The Colorado Open Records Act (CORA) expressly includes electronic mail
messages in the definition of “public records.” Colorado courts have ruled that determination of whether an
electronic message is a public record depends upon the content and not the equipment which originated
the message. Thus, whether an e-mail is sent from a Town or private computer or phone, or via a Town e-
mail address or personal e-mail address, such e-mail will be a public record if it concerns Town business.
Conversely, an e-mail, such as “Let’s go skiing” is not a public record because it does not concern Town
business.
One exception to public records is attorney-client privilege. The attorney-client privilege of legal advice
provided to Council members is not waived merely by providing such advice through e-mail. However, e-
mail dialogue that merely copies legal counsel for the Town does not automatically confer attorney-client
privileged status on such communication. The privilege only extends to communication, or a string of
communications, in which legal counsel is providing legal advice.
Public Records Requests: The most significant concern about e-mail correspondence and the primary
purpose of providing this memorandum is to raise Council members’ awareness that e-mails which
constitute “public records” must be produced and disclosed upon receiving a public records request. A
public records request could simply state, “all public records related to Topic X” and Town Staff and any
other elected and appointed officials would be required to review any and all e-mail correspondence related
to Topic X and produce such e-mails. Even though CORA allows the Town to charge for expenses related
to copies and researching public records for production, compliance with such requests are disruptive to
Town Staff workflow and schedules. Where the Town has custody of e-mail correspondence from elected
officials, the custodian (Town Clerk) must consult with each elected official prior to allowing inspection of
the correspondence for the purpose of determining whether the correspondence is a public record, CRS
§24-72-203(2)(b).
Recommended Policies: The following policies and considerations are suggested:
1. E-Mails from Council members to multiple Council members should be avoided due to the likelihood
that such e-mails arguably constitute a public meeting in violation of the Open Meetings Law.
2. Any and all e-mails should be written with awareness that the e-mail may constitute a public record and
may be produced and disclosed to the public (i.e. avoid embarrassing, disparaging or derogatory
statements).
3. Any matter of concern, or response to a question, that a Council member desires to raise with all other
Council members should be deferred to the next Council meeting if possible and included in the
Council packet should be deferred. For example, where individual Council members wish to raise a
matter for discussion with Council as a whole, an appropriate procedure would be to submit such
concern in writing to the Mayor, Town Manager or Town Clerk prior to the packet deadline for Council.
Also, unless there is a need for an immediate response, the response to questions submitted by
Council members to Town Staff could also be included in the Town Council packets.
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 7 of 8
4. EXECUTIVE SESSIONS: The Colorado Sunshine Act establishes procedures and authority for
conducting a meeting executive session whereby the general public may be excluded. The authority to
meeting in executive session is limited to the following topics:
• Property transactions
• Conferences with an attorney to receive legal advice
• State or federal matters which are required to be confidential
• Specialized details of security arrangements or investigations
• Negotiations, including determining positions, developing a strategy and instructing negotiators
• Personnel matters (does not include discussion of elected officials or discussion of general
personnel policies which are not specific to particular employees)
A motion to convene into executive session requires an affirmative vote of 2/3rds of the quorum
present (i.e. five Council members must vote to convene in executive session with the full seven member
Council is present). Executive sessions may be called at any time in a public meeting without any
requirement for prior noticing on the agenda. The Planning Commission is also authorized to convene into
executive session. Executive sessions must be recorded except for executive sessions convened for the
purpose of receiving legal advice. Executive session recordings may be destroyed 90 days after holding an
executive session. If a court determines that an executive session was held for an impermissible purpose,
then a court can order that the minutes and recordings of the executive session must be released to the
public. No recordings or minutes are taken of executive sessions for legal advice.
CSA also sets forth special provisions for executive sessions related to recruitment of a chief executive
officer (Town Manager) by a search committee.
5. LEGISLATIVE/ADMINISTRATIVE V QUASI-JUDICIAL ACTS: Legislative and Administrative acts
are treated differently than quasi-judicial actions. Legislative acts involve the enactment of laws which
affect the general public or a class of interested persons. Administrative acts are implementation of policies
and projects by the Town. Quasi-judicial acts are acts that affect a single person (e.g. review of
development application, business license, liquor license matter, any appeal to the Town Council). Public
officials are entitled (as well as encouraged and expected) to voice their personal opinions about legislative
matters. Also, public officials may freely communicate with the general public outside of public meetings
about legislative matters (with the exception that confidential or privileged information may not be
disclosed).
On the other hand, public officials are restricted from communications with the general public, with an
applicant, with an appellant and with Town staff concerning quasi-judicial matters. In addition to
development applications, quasi-judicial decisions also include liquor license authority hearings and
appeals hearings. Any communications outside a quasi-judicial public hearing are considered to be Ex-
Parte communications.
Avon Town Council
RE: Overview of Local Government Laws
Date: January 4, 2019
Page 8 of 8
Quasi-judicial decisions must be based on identified standards and the reviewing tribunal must be
unbiased and impartial. Bias may include financial conflicts of interest, personal interest, and formulating
an opinion prior to a hearing. Colorado courts have not yet ruled directly as to whether the bias of one
member of a quasi-judicial tribunal board invalidates the entire board and decision or if the bias of one
member only invalidates that member’s vote. Ex-Parte communications can be used to demonstrate bias.
6. GIFT REPORTING: The Town Code of Ethics was amended in early 2012 to adopt rules for
reporting of gifts. Article XXIX of the Colorado Constitution sets forth restrictions on acceptance of gifts and
requirements for reporting, but also expressly allows home rule communities to adopt local regulations to
replace the constitutional requirements. The basic rule adopted in the Town Code of Ethics is that any gift
provided to a Town Officer with a value of $50 or more must be reported to the Town Clerk. The gift must
be provided to a Town Officer due to such person’s status as a Town Officer in order for the reporting
obligation to apply. Gifts from friends and relatives and gifts without the intent to influence or reward a
Town Officer are not a conflict of interest. The Town Council determines whether any gifts constitute a
conflict of interest. The failure to report a gift, or failure to return a gift once Council determines such gift is
a conflict of interest, is a violation of the Town Code of Ethics.
Practically, the Town Council receives numerous invitations to various events for which attendance is
considered beneficial for the representation of Avon and maintenance of relationships with partnering
entities. The Town’s gift reporting regulations allow greater flexibility than the Colorado Constitution to
permit attendance at such events. Generally, this has been deemed an acceptable practice provided that
the invitation is extended to the Town Council as whole, if limited to less than the entire Council, then
acceptance of such limited invitation is discussed by Council as a whole prior to acceptance of a limited
invitation.
Thank you, Eric
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Resolution 19-02
DATE: January 3, 2019
SUMMARY: Resolution No. 19-02 is presented to Council to adopt an Electronic Records Retention
Policy for Avon Council Members. The Town adopted the January 8, 2003 version of the “Model
Municipal Records Retention Schedule” by Resolution No. 03-26 on July 8, 2003. There is only
cursory guidance on how to treat communications from Avon Council members in the Model Municipal
Records Retention Schedule. The treatment of communications has become more complicated and
diverse with the increased use of e-mails, text messages, social media and other forms of electronic
communication. There is little legal guidance with regard to how the Colorado Open Records Act
interfaces with the Model Municipal Records Retention Schedule.
In May, 2014, the Town Manager adopted an E-Mail Policy for Town employees to clarify categories of
e-mail messages and the treatment and retention of e-mails based on content. Currently, there is no
policy with regard to the treatment of e-mails, text messages and other electronic communications by
Avon Town Council members which do not use the official Town avon.org e-mail address for Council
members. As such, I am proposing and recommending the attached Electronics Records Retention
Policy for Avon Council Members. Essentially, the policy clarifies that electronic communications by
individual Council members which are not official acts or decisions of the Town government are
considered “transitory” as defined in 40.100 of the Colorado Municipal Records Retention Schedule.
I am recommending adoption of this policy because it will clarify the Avon Council members’ obligation
to retain electronic communications and reduce potential legal challenges associated with public
records requests.
PROPOSED MOTION: “I move to approve Resolution No. 2019-02 Adopting an Electronics Records
Retention Policy for Avon Council Members”
Thank you, Eric
ATTACHMENT A: Resolution No. 19-02
B: 40.100 of the Colorado Municipal Records Retention Schedule
RESOLUTION NO. 19-02
ADOPTING AN ELECTRONICS RECORDS RETENTION POLICY
FOR AVON COUNCIL MEMBERS
WHEREAS, the Avon Town Council adopted Resolution No. 03-26 to follow the Colorado
Model Municipal Records Retention Schedule dated January 8, 2003, with any local exceptions
indicated;
WHEREAS, the Avon Town Manager adopted a Town of Avon, Colorado Email Policy on May
1, 2014 which clarifies and defines the Town’s municipal record retention policies for e-mails
and other electronic communications but states that the policy “applies to all Town of Avon
employees;” and
WHEREAS, the Town Council finds that the adoption of a policy for electronic records
retention will promote appropriate and beneficial guidance for Avon Council members with
regard to retention of electronic records.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to adopt the following
Electronic Records Retention Policy:
Electronic Records Retention Policy:
1.This Electronic Records Retention Policy (“Policy”) shall interpret and implement
§40.100 Correspondence and General Documentation of the Colorado Municipal Records
Retention Schedule with regard to written and electronic communications by Avon Town
Council members.
2.E-Mails to and from the Town’s official server (avon.org) shall be governed by the
Colorado Municipal Records Retention Schedule as adopted by the Town and shall generally be
retained for 2 years for convenience (however, electronic communications with “transitory
value” may be deleted upon reading).
3.E-mails, text messages, voice messages, and other electronic communications which are
not on the Town’s official server shall be considered to have “transitory value” and/or shall be
not be considered electronic records retained for record keeping purposes and may be deleted at
any time upon reading or hearing unless such communication is evidence of an official Town
position, action, decision, or interpretation that is binding upon the Town and such
communication is not otherwise documented in Town files or records.
4.Notwithstanding anything in this Policy or any other policy to the contrary, all electronic
communications are subject to “litigation holds” which shall supersede any conflicting policy. A
litigation hold is issued by legal counsel for the Town when litigation is filed or threatened and is
intended to provide notice to those who may possess discoverable documents that such
documents may not be destroyed, including electronic communications.
ADOPTED January 8, 2019 by the AVON TOWN COUNCIL
By:_______________________________ Attest:_________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ATTACHMENT A
COLORADO MUNICIPAL RECORDS RETENTION SCHEDULE §40.090
40.090 COMPLAINTS, ROUTINE SERVICE REQUESTS AND NONBINDING PETITIONS
Communications that convey objections, dissatisfaction or disagreement with actions or
positions taken or not taken; routine requests for service or information; and petitions with no
legal effect that are submitted to express the opinions of the signers.
Retention: 2 years after response or action or 2 years if no response or action is required
40.100 CORRESPONDENCE AND GENERAL DOCUMENTATION
Correspondence is a written communication that is sent or received via the U.S. mail, private
courier, facsimile transmission or electronic mail, including letters, postcards, memoranda,
notes, telecommunications and any other form of written communications. The term general
documentation is intended to cover a wide variety of records created in the normal course of
business.
A. Enduring Long -Term Value
Documentation or correspondence, including e-mail messages, with lasting long -term
administrative, policy, legal, fiscal, historical or research value; records that relate to policy
issues and actions or activities in which an important precedent is set; records of historic
events; and other similar records and documentation.
Retention: Permanent
B. Routine Value
Routing operating documentation or correspondence with limited administrative, legal,
fiscal, historical, informational or statistical value. Includes routine e-mail messages, letters
or memoranda, reading or chronological files that contain duplicates of memos or letters
also filed elsewhere, routine requests for information, transmittal documents, etc.
Retention: 2 years
C. Transitory Value
General documentation or correspondence of extremely short-term value, including
advertisements, drafts and worksheets, desk notes, copies of materials circulated for
informational "read only" purposes, other records, including e-mail messages, with
preliminary or short -term informational value.
Retention: Until material has been read
40.110 EVENT RECORDS
Records pertaining to promotion and organization of special and historic community events or
celebrations in which the municipality has a role, such as festivals, fairs, rodeos, 4`h of JUIy
celebrations, pioneer days, holiday display lighting, etc.
Retention: 2 years after event concludes
40.120 EXTERNAL GROUPS AND AGENCIES
Records such as meeting agendas and minutes, studies and reports and other material
provided for courtesy or informational purposes from associations, organizations, groups and
agencies that are not part of the municipal organization but which have some form of
association or relationship with the municipality.
Retention: Until no longer needed
40 -3
Schedule 40 — General Administrative Records
Supp. 10
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: David McWilliams, Town Planner
Matt Pielsticker, Planning Director
Date: January 8, 2019
Topic: PUBLIC HEARING and SECOND READING OF ORDINANCE 18-19, AMENDING SECTIONS
OF TITLES 7, 10, AND 15 OF THE AVON MUNICIPAL CODE
ACTION BEFORE COUNCIL
Before Council is action on Second Reading of Ordinance 18-19, amending sections of Titles 7, 10, and 15
of the Avon Municipal Code.
RECOMMENDED MOTION
“I move to approve second reading of Ordinance 18-19, amendments to the Avon Municipal Code.”
BACKGROUND
Various code text amendments are proposed for Titles 7, 10, and 15 to “clean up” various items. The
changes are listed in bullet point in two PZC staff reports and decisions (Attachment A, organized by
date). The first reading of the Ordinance was approved on November 13, 2018; action on second reading
was moved to the January 8, 2019 meeting in order to accommodate other action items in December.
ATTACHMENTS:
(A) Ordinance 18-19
(B) PZC decision and staff reports
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 1 of 25
TOWN OF AVON ORDINANCE 18-19
APPROVING AMENDMENTS TO SECTIONS OF TITLE 7,
TITLE 10, AND TITLE 15 OF THE AVON MUNICIPAL CODE RECITALS
WHEREAS, the Avon Town Council initiated a code text amendment application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with ADC §7.16.040; and
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held public hearings on September 4, 2018, October 2, 2018, and October 16, 2018, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to
formulating a recommendation; and
WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval of the Application to the Avon Town Council; and
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 Code 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; and
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, pursuant to the home rule powers of the Town of Avon ("Town"), the Avon Town
Council has the power to adopt Health and Safety, and Building and Construction Codes, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote
the comfort, and convenience of its inhabitants; and
WHEREAS, the Avon Town Council finds that electronic bicycle regulations are necessary to respond to changed conditions and new mobility options; and
WHEREAS, the Avon Town Council finds that changes to the Sign Code provide clearer instruction
for staff and applicants, and help modernize the sign plan requirements in line with current aesthetic and safety standards; and
WHEREAS, the Avon Town Council held a public hearing on January 8, 2019 after posting notice as
required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff reports provided by staff prior to taking action on the Application; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Avon Town Council desires to comply with state law, the Avon home rule charter and the ADC 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 Avon Town Council, or any member of the Avon Town Council, supports, approves, rejects, or denies the proposed Application.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 2 of 25
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 7.04.110 - Transitions to Avon Development Code is amended
to represent the elapsed time since the original Chapter 7 was codified, to read as follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted:
“(a) Purpose. The purpose of this Section is to clarify the status of properties with pending applications
or recent approvals, as those terms are used below, and properties with outstanding violations, at the time
of the adoption of the Development Code.
(b) Effective Date. The provisions of the Development Code became effective on November 16, 2010.
Development plans approved under previous regulations that received vested property rights by approval of the Town Council by ordinance shall be valid for the duration of that vested property right, provided that all terms and conditions of such vested right approval are followed. Existing legal uses that may become
nonconforming by adoption of this Development Code shall become legal nonconforming uses subject to the provisions of this Section.
(c) Violations Continue. Any violation of the previous Titles 16, Subdivision, and 17, Zoning, shall
continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Chapter.
(d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and preliminary PUD
approvals granted prior to the effective date of the Development Code shall be considered as approved pursuant to the Development Code. Preliminary subdivision and PUD approvals granted under the previous
regulations shall be valid for two (2) years from the date of approval unless a vested right providing a longer
period was granted by the Town Council by ordinance. Extensions of preliminary subdivision plats and preliminary PUD plans may be granted in accordance with Subsection 7.16.020(h). Failure to obtain a final
plat or final planned unit development plan approval in the allowed time shall result in the expiration of the
preliminary plan. Applications for final subdivision plat and final planned unit development plan shall follow application submittal requirements and review procedures in this Development Code and shall be
subject to the standards and review criteria in this Development Code, provided that this Development Code shall not be so applied as to alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of a site specific development plan with vested property rights as
defined and approved by the Town.
(e) Future Subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for resubdivision into smaller tracts, lots or building sites when originally
approved shall comply with all provisions of the Development Code.
(f) Projects With Final Approval. Development projects with final approval that are valid on
November 16, 2010, shall remain valid until their termination date. Projects with valid approvals or permits
may be completed in conformance to the development standards in effect at the time of approval.
(g) Active Building Permits. Any building or development for which a building permit was granted
prior to November 16, 2010, shall be allowed to proceed to construction under the regulations in place when
the building permit was issued. If the development for which the building permit is issued prior to November 16, 2010, fails to comply with the time frames for development established for the building
permit, the building permit shall expire and future development shall comply with the requirements of the
Development Code.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 3 of 25
(h) Violations, Enforcement and Penalties. A use, structure or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful and conforming as of the effective date of the
Development Code if it conforms to all of the requirements of the Development Code. Payment shall be
required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under the Development Code.”
Section 3. Amendment to Chapter 7.08 - Definitions. The definition of Family is amended and the definition of Retail-Ready and Transparency is added to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
“Family means an individual living alone or either of the following groups living together as a single
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized
custodial relationship and not more than one (1) additional person; or
(b) Any unrelated group of persons consisting of: subject to the occupancy limitations of two (2) adults per bedroom and their children with up to eight (8) adults; or
1. Not more than four (4) persons;
2. Not more than two (2) unrelated adults and their children, and not more than one
(1) additional person, if any; or
(c) 3. Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Retail-Ready means space constructed at a minimum interior height of twelve (12) may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail-ready space is to
provide the flexibility of occupying a space in accordance with market demand and allowing the use in such
space to change to retail/ commercial uses accordingly. Such considerations for determining if a space is retail-ready include but are not limited to: independent ventilation; a concrete pad above the space;
placement of utilities; integrated trash storage facilities; and architectural features including terracing,
stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base.
Transparency means the use of doors and windows to establish scale, variation, and patterns on building facades to provide visual interest and reflect the uses within the building.”
Section 4. Amendment to Table 7.16-1 - Development Review Procedures and Review Authority is amended to include notice requirements and addition of the Sign Plan process as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
Procedure Notice Requirements* Director PZC TC
Comprehensive Plan Amendment
(§7.16.030) R H-R H-D
Code Text Amendment (§7.16.040) R H-R H-D
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 4 of 25
Rezoning (§7.16.050) M R H-R H-D
Planned Unit
Development (§7.16.060)
Administrative PUD D A
Minor PUD
Amendment M R H-R H-D
Lot Split PUD Amendment for
Wildridge PUD
M R H-R H-D
Major PUD Amendment M R H-R H-D
Preliminary PUD M R H-R H-D
Final PUD M R H H-D
Subdivision
(§7.16.070)
Administrative Subdivision D A
Minor Subdivision D A
Preliminary Plan M R H-R H-D
Final Plan M R H-D
Development Plan (§7.16.080)
Minor D or R H-D A
Major R H-D A
Major in Town Core R H-R H-D
Design Review (§7.16.090) D or R H-R or
H-D
H-D or
A
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 5 of 25
Special Review Use (§7.16.100) M R H-D A
Variance (§7.16.110) M R H-D A
Alternative Equivalent Compliance
(§7.16.120) R R-D or
R
A or R-
D
Right-of-way Vacation (§7.16.130) M R H-D
Vested Property Right (§7.16.040) M R H-R H-D
Location, Character and Extent (§7.16.150) R H-D A
Sign Plan
(§7.16.160)
Minor D or R H-D A
Major R H-D A
Annexation (§7.36) R H-R H-D
Appeal (§7.16.1670) H-D
Annexation (§7.36) M R H-R H-D
1041 Permit (§7.40) R H-R H-D
Historic and/or Cultural Preservation
Designated (§7.50) H-D
*All Public Hearings require published notice, per 7.16.020(d) R = Review/Recommendations H = Public Hearing D = Decision A = Appeal
M=Mailed Notice
Section 5. Amendment to Section 7.16.020 - General procedures and requirements subsection (d)
Step 4: Notice (2) Mailed Notice, is amended to read as follows, with strike-out indicating language to be
deleted and underline indicating language to be adopted:
“(2) Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to
all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent,
registered agent or any member of the board of directors of the project. Mailed notice shall be postmarked
at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant's expense. The Eagle County Assessor's records may be used to determine the addresses of real property
owners. The Town shall include a certificate of mailing in the public record. Mailed notice shall be required
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 6 of 25
for annexation, major subdivision, planned unit development, special review use, rezoning, right-of-way vacation, variance and vested property right applications as noted in Table 7.16-1.”
Section 6. Amendment to Section 7.16.080 – Development plan. subsection (e) Review Authority (2) Minor Development Plan is hereby amended to clarify the appeal process and to enact new Sign Plans
to read as follows with strike-out indicating language to be deleted and underline indicating language to
be adopted:
“Minor Development Plan. The Director shall review and render decisions on all minor development plan
and minor sign plan applications. The decision of the Director may be appealed to the Town Council PZC pursuant to Section 7.16.160, Appeal. The Director may refer to the PZC any development plan application that the Director determines warrants review by the PZC.”
Section 7. Amendment to Section 7.16.160 – Appeal. is amended to be the last section of 7.16, to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted.
“7.16.170160 - Appeal.”
Section 8. Amendment to Section 7.16.170 – Appeal., sub-section (e) Decision. is amended to read
as follows, with strike-out indicating language to be deleted:
“The Town Council shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Town Council that results in action
modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the
modification or reversal. Action of the Town Council shall become final immediately. Failure of the Town Council to act within the forty (40) additional days shall be deemed action confirming the decision
unless the applicant consents to an additional time extension.”
Section 9. Addition of Section 7.16.160 – Sign Code to read as follows, with underline indicating
language to be added:
“7.16.160 – Sign Plan.
The purpose of the sign plan review process is to ensure compliance with the sign design standards and
provisions of this Development Code. It is designed to encourage quality signs reflective of the goals,
policies and objectives of the Comprehensive Plan.
(a) Applicability. A sign plan shall be required for all new signs and any modification to an existing sign
or comprehensive sign program.
(b) Sign Plan Categories. Categories of sign plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure:
(1) Master Sign Program.
i. Major sign plans include all new master sign programs, and modifications to master sign programs
that substantially change the location, size, or other critical elements of allowed signs on the
property.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 7 of 25
ii. Minor Sign Program Plans include modifications to a master sign program that do not substantially change the location, size, or other critical elements of allowed signs on the property, as determined
by the director.
(2) Minor sign plans include the following:
i. New tenant signs.
ii. Residential entrance signs and wall signs.
iii. All other sign types requiring administrative review.
(c) Review Procedures. The general review procedures described in Section 7.16.020, General procedures
and requirements, shall apply to development plan applications. Specific additions and modifications to the
general review procedures are identified below.
(d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Notice of the public hearing shall be published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not
conduct a public hearing for administrative review and decision on development plan applications.
(e) Review Authority. The review authority for a development plan application shall be determined by the
category.
(1) Major Master Sign Plan. The Director shall review and provide a recommendation to the PZC on all major master sign plan applications. The PZC shall render the final decision on a major sign plan. The
decision of the PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal.
(2) Minor Sign Plan. The Director shall review and render decisions on all minor sign plan applications. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal.
The Director may refer to the PZC any sign plan application that the Director determines warrants review
by the PZC.
(f) Review Criteria. The following review criteria shall be considered as the basis for a decision on sign
plan applications:
1. Evidence of substantial compliance with the purpose of the Sign Code as specified in Section 7.32(A) Sign Code Purposes;
2. The suitability of the improvement, including materials with which the sign is to be constructed
and the site upon which it is to be located;
3. The nature of adjacent and neighboring improvements;
4. The quality of the materials to be utilized in any proposed improvement;
5. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property;
6. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired;
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 8 of 25
7. Whether the type, height, size and/or quantity of signs generally complies with the sign code or sign program, and are appropriate for the project;
8. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is
appropriate for the determined orientation.
(g) Expiration. A sign plan approval expires pursuant to Subsection 7.16.020(h).
(h) Revocation. Approved sign plan documents shall be binding upon the applicants and their successors and assigns. No sign production shall take place that is not in accord with the approved documents or any approved modifications thereto. No other element of approved sign review documents shall be eliminated,
altered or provided in another manner unless an amended sign plan is approved. Any deviation from the
approved sign plan as approved shall be grounds for revocation of the sign plan approval.”
Section 10. Amendment to Table 7.20-2 – Dimensions for the Residential Duplex District. is
amended to include notice requirements and addition of the Sign Plan process follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted.
Max.
Density (units/ acre)
Min. Lot
Size (acres or sq. ft.)
Min. Lot Widt
h (feet)
Max. Lot
Coverage (%)
Min.
Landscape Area (%)
Min. Front Setbac
k (feet)
Min. Side Setbac
k (feet)
Min. Rear Setbac
k (feet)
Max. Building
Height (feet)
Max.
Units/ Building
7.5
10,89011,61
6 sq. ft. (5,445 5808
per
unit)
40 50 25 25 7.5 10 35 2 principal
[1]
[1] Accessory dwelling units are permitted on lots with a single-family structure as a special review use
pursuant to Section 7.16.100,
Special Review Use.
Section 11. Amendment to Section 7.28.090 – Design Standards. subsection (e) Design Standards for the Wildridge Subdivision (2) Building Height on Steep Slopes is amended to clarify building height
regulations in Wildridge to read as follows, with underline indicating language to be adopted:
“(2) Building Height on Steep Slopes. Determining building height on steep slopes has frequently resulted in three-story walls on the downhill side that create an overbearing presence on properties below.
Therefore, the visual impact of building height and massing on lots with steep slopes shall be reduced by
articulating the building facades and creating proportional stories in a multi-story building. (3) Building height will be reduced for buildings or portions of buildings with flat roofs as follows:
(A) Four-to-twelve (4:12) roof slopes or greater: thirty-five (35) feet.
(B) Less than a four-to-twelve (4:12) roof slope: thirty (30) feet.”
Section 12. Amendment to Section 7.28.090 – Design Standards. subsection (f) Single-Family and Duplex Design Standards in all other Subdivisions is amended to include all subdivisions in the standards, including Wildridge, to read as follows, with strike-out indicating language to be deleted:
(f) Single-Family and Duplex Design Standards in all other Subdivisions.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 9 of 25
Section 13. Amendment to Section 7.28.090 –Design Standards. subsection (j) Mixed-Use and Nonresidential Design Standards subsection (4) Building Layout and Design (iv) Mixed-Use Buildings in
Town Core is amended to require more form-based development to read as follows, with strike-out
indicating language to be deleted and underline indicating language to be adopted:
“To encourage appropriate commercial and mixed-use development in the Town Core, any all portions of
a new mixed-used building with street frontage floor area located on E. Beaver Creek Boulevard, Lettuce Shed Lane, Benchmark Road or Main Street must be determined to be retail-ready. occupied by retail, personal service and restaurant uses, as listed in Table 7.24-1. All ground-floor commercial space must be
at least twelve (12) feet in height as measured from finished floor elevation to finished ceiling.”
Section 14. Adoption of the Sign Code as Section 7.16.160. added to read as follows, with underline indicating language to be adopted
(a) “Statement of Purpose
The purpose of this Sign Code is to:
(1) Coordinate the type, placement, and physical dimensions of signs.
(2) Preserve the right of constitutionally protected free expression, which may be displayed on signs.
(3) Encourage the innovative use of design.
(4) Promote high quality and weather resistant signs that are properly maintained over time and renovated
when necessary.
(5) Maintain the mountain town character of the community through the use of signs that are aesthetically pleasing, of appropriate scale, and harmonious with the built scale.
(6) Guarantee equal treatment through accurate record keeping and fair and consistent enforcement.
(7) Provide a reasonable balance between the right of an individual to identify a business or express a
message, and the right of the public to be protected against the visual discord resulting from the
unrestricted proliferation of signs and similar devices.
(8) Permit signage that advances and conforms with the policies of the Comprehensive Plan.
(b) Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
Aggregate sign area means the total sum of the area of all signs on the building or property, except
those signs that are exempt from the review requirements of this Chapter.
Animated sign means signs that use movement or change of lighting to depict action or create a special
effect or scene.
Awning sign means a sign painted on, printed on, or attached flat against the surface of a shelter, which projects from and is supported by the exterior wall of a building, and which is constructed of non-rigid materials.
Banner means a sign made of fabric or any non-rigid material, typically having no enclosing or supporting framework.
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Building Façade means the entire outer surface of an exterior wall of a building, including windows and parapets.
Building front means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display
or a primary entrance to the building. For the purposes of this Chapter, a building shall be considered
to have up to two (2) building fronts as the property upon which it is situated has lot fronts.
Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an
enclosed cabinet.
Canopy sign means a sign that is mounted on a permanently roofed shelter covering a sidewalk, building entrance or other similar area, which shelter may be wholly or partially supported by a building, columns, poles, or braces extended from the ground.
Changeable copy sign means a sign on which the copy can be changed manually, or by electronic or
mechanical devices, such as electrical or electronic time and temperature units, or digital displays.
Changeable copy signs shall be classified as permanent signs.
Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street
or sidewalk, and the lowest point of any sign, including framework and embellishments, extending over the grade.
Community Development Department means that department designated by the Town Council responsible for approving applications for sign installations and who is responsible for enforcement
of the provisions of this Chapter.
Construction sign means a temporary sign located on a parcel of property, on which construction
activities of any type are being actively performed.
Copy means the wording on a sign surface in either permanent or removable letter form.
Digital Display or Electronic Message Center means a sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology.
Directional/informational sign means a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot.
Double-faced sign means a sign with two (2) faces, if not parallel then with an interior angle of not
greater than ninety degrees (90º).
Drive-through sign means a permanent sign located along a drive-through lane.
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Event sign means a temporary sign allowed as part of an approved event permit, on a parcel subject to the terms of such event permit.
Exempt sign means a sign expressly designated as exempt from the sign approval requirements under this Chapter.
Flag means any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building.
Flashing sign means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs or signs
that, through reflection or other means, create an illusion of flashing or intermittent light.
Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from
the ground and detached from a building. The term includes pole sign, pedestal sign, monument sign,
and ground sign.
Government sign means a sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a
building owned by the Federal, State, County, or local government.
Height (of a sign) means the vertical distance measured from the existing grade (at the time of sign
application) below the sign to the uppermost point of the sign or sign structure, whichever is
higher.
Illegal sign means a sign which does not meet the requirements of this Code, and which has not been
designated as “legally nonconforming”.
Illuminated sign means a sign with an artificial light source incorporated internally or externally for
the purpose of illuminating the sign.
Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians passing along the adjacent sidewalk.
Legal Nonconforming sign means a nonconforming sign designated as “legally nonconforming”
under Section (K) of this Chapter.
Maintenance means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design, location, or structure of the sign.
Marquee means a permanent roof-like structure or canopy of rigid materials supported by, and extending from, the facade of a building.
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Marquee sign means any sign attached to or supported by a marquee structure.
Master Sign program means a comprehensive, narrative description of allowed sign types, and scaled drawings of any building, lot, parcel, collection of parcels or other premises, showing the number,
size, description, color, materials and location of all signs thereon. It is used to create standard sign
design guidelines for projects with multiple buildings or tenants.
Multi-faced means any sign having more than two (2) faces.
Multiple business building means a building designed for occupation by two (2) or more businesses, where each business is structurally separated from the others and has its own entrance, either
exterior or interior.
Off-premises sign means a commercial sign that does not pertain to the use of the premises on
which it is located.
On-premises sign means a sign that pertains to the use of the premises on which it is located.
Owner means the owner of the property on which a sign is located. The property owner is presumed to
be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to
the attention of the Community Development Department.
Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall.
Permanent sign means any sign that is permanently affixed or attached to the ground or to any structure.
Portable sign means any sign designed to be moved easily, and not permanently affixed to the ground or to a structure or building.
Private warning sign means an owner-erected sign designed to warn others of specific dangers or prohibitions on the property.
Project development sign means a temporary sign located at the site of a development project that has received Development Plan approval from the Town.
Projecting sign means a sign, other than a wall sign, which is attached to and projects perpendicularly from a building wall a distance of twelve (12) inches or more, or is attached to any other structure in
like manner, which structure was not designed for the sole support of the sign.
Reflective surface means any material or device that has the effect of intensifying reflected light, such
as Scotchlight, Day-Glo, glass beads and luminous paint.
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Roof sign means a sign that is erected upon, over, or on top of any portion of the roof of a building.
Rotating sign means a sign in which the sign itself, or any portion of the sign, moves in a revolving
manner. Such motion does not refer to methods of changing copy.
Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so that
the structure forms a wedge and is self-supporting; also knows as ‘A-frame sign’.
Sign means any object, device, display, structure, or fixture involving graphics, colors, symbols, written copy, or illumination designed for the purpose of advertising, identifying, or providing information about an establishment, a business, a service, an activity, or an organization.
Sign, area of means the entire surface area of a sign, as determined by the Town, including its facing, copy, symbols, electronic displays, background, and borders, but not including the
supporting structure or decorative roofing, provided that there is no written copy on such structures.
Sign backing means any sign that is displayed upon, against, or through any material, color surface, or
backing that forms an integral part of such display and differentiates the total display from the
background against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure, or similar character, or group thereof, that is neither backed by,
incorporated in, nor otherwise made a part of any larger display area.
Sign structure means any structure that supports, has supported, or is capable of supporting a sign.
Single business building means a structure or lot containing one (1) business or several related
businesses under any form of ownership. If two (2) or more businesses are located in a structure or
on a lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business for the purposes of this Article.
Snipe sign means a sign or poster affixed to a tree, fence or any object within a public street or right-of-
way.
Statuary sign means any sign that is a three-dimensional, sculptured, or molded representation of an
animate or inanimate object.
Temporary sign means a sign or display that is designed for short-term use, and that is not intended to be permanently attached to a building wall or permanently installed in the ground. Temporary Signs
are signs allowed for a limited time under this Article.
Under canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee.
Vehicular sign means a sign directly placed, affixed, or painted on a motor vehicle or trailer.
Walking sign means a commercial sign that is, or is intended to be, held by, attached, or affixed on a
person.
Wall sign means a sign attached parallel to and extending not more than twelve (12) inches from the wall
of a building. This definition includes painted, individual letter, cabinet signs, and signs on a marquee or canopy.
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Wind-driven sign means a sign consisting of one (1) or a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in
such a manner as to move, upon being subjected to pressure by wind or breeze.
Window sign means a sign applied, attached to a window or door, or located within thirty-six (36) inches of the interior surface of a window that is visible and/or legible from the outside.
(c) Sign Area Calculation. (1) Measuring Sign Area. When the surface area of a sign consists of a conventional geometric
shape, such as a rectangle or an oval, the accepted mathematical formula for calculating area shall be used in determining the sign area.
(2) Irregular Geometric Shapes. If a sign consists of a geometric shape without an accepted mathematical formula for calculating area, the sign area shall be calculated by enclosing the sign within a rectangle or the closest conventional geometric shape, with a maximum of three (3)
enclosing shapes.
(3) Projecting and Freestanding signs. The area of such signs shall have only one (1) face (the larger one) counted of each double-faced sign in calculating the area, provided that any one (1) interior
angle formed by the planes of the sign faces does not exceed ninety degrees (90º). The sign area of a multi-faced sign shall be calculated by adding the area of all sign faces excepting one (1). If
the area of the sign faces differs, the smallest sign face will be the one excluded from the
calculation. The area shall be the sum of the areas of each module or cabinet, including any framing, trim, or molding.
(4) Individual Letters or Symbols. If a sign is composed of individual letters or symbols using the
wall as the background (signs without backing), the sign area shall be calculated by enclosing each word and/or symbol within a rectangle, or the closest conventional geometric shape, with a
maximum of three (3) enclosing shapes. The combined area of the shapes shall be considered the
total sign area.
(d) Permitted Signs Generally.
The following signs are permitted subject to obtaining the required sign plan approvals, unless it is
specifically stated below that the sign is exempt from review requirements:
(1) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet (exempt).
(2) Construction Signs, which must be removed on or before the date of issuance of a certificate
of occupancy for the project (exempt).
(3) Directional/informational signs of six (6) square feet or less each or as indicated on an approved
Master Sign Program (exempt).
(4) Event signs, as part of an approved event permit.
(5) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty-five
(35) feet in all zone districts except residential zones, in which the maximum height shall be twenty-five (25) feet (exempt). A maximum of two (2) flags per property.
(6) Freestanding signs.
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(7) Government signs (exempt).
(8) Gravestones (exempt).
(9) Holiday displays and decorations (exempt).
(10) Private warning signs (exempt).
(11) Signs showing underground or public utilities (exempt).
(12) Wall Signs.
(13) Window Signs (exempt).
(14) Required street address signs six (6) square feet and smaller are exempt from the aggregate sign
area. (15) Project development signs: The sign administrator may issue approval for a development sign
meeting these criteria: i. Not exceed an aggregate of sixteen (16) square feet and eight (8) feet in height.
ii. Not exceed two (2) signs per development project.
iii. Shall be removed if a construction sign is erected or if the project is no longer in the planning approval process.
iv. In no case shall a sign be retained for more than two (2) years.
(e) General requirements.
(1) No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractor license issued by the Town.
(2) Maintenance, installation, and placement standards.
i. All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the
Town, its officers, agents, and employees against any and all claims of negligence resulting
from such work insofar as the Chapter has not specifically directed the placement of a sign.
ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and
placement of signs on a building shall comply with the adopted International Building Code
(IBC) Codes and local amendments.
iii. Wall signs, marquee signs, and canopy signs may be placed on any wall as appropriate. In no case, other than as part of an approved Master Sign Program, shall any more than two
(2) wall-mounted signs be placed on any one (1) building facade. Wall signs may not interrupt
any architectural feature.
iv. Signs are not subject to the setback requirements of the zone district where they are located,
provided that no sign, or part of the sign, shall project beyond a property line. No
freestanding sign may be located where it impairs the visibility for motor vehicles. A sight triangle shall be established in which no sign is erected in a manner that limits or obstructs the
sight distance of motorists. Adjacent parcel owners may request to erect a common sign structure on their common lot lines if written agreement is presented as evidence to the Town,
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and the Town further agrees to such plan. No sign shall interfere with or obstruct sidewalks, multi-use trails, utilities, snow storage areas, or drainage facilities.
v. Projecting signs shall not project over six (6) feet from the face of the building.
vi. All signs shall be properly maintained. Exposed surfaces shall be clean and painted as paint is
required. Defective parts shall be replaced. Faded plastics shall be replaced. The sign code
administrator shall have the authority to order repairs or repainting as necessary.
vii. Permanent signs and sign structures shall be constructed by a professional sign manufacturer
or be of similar professional quality. Metal sign components shall be noncorrosive or coated
with suitable paint to prevent corrosion. Permanent signs shall be fabricated on materials that are of good quality, durable, and weather- resistant.
viii. Temporary signs shall be durable, weather-resistant, and fastened or anchored adequately.
Temporary signs employing plywood as a substrate shall be of medium-density overlay plywood and shall show no signs of cracking or peeling on the painted surfaces. Lightweight
fabrics or similar materials shall be mounted securely to a rigid surface.
ix. A freestanding sign erected at the edge of a parking area or adjacent to a traffic lane shall have a barrier at the base to prevent collision between motor vehicles and the sign.
x. No wall-mounted, projecting, marquee, awning, or canopy sign shall be located above the
ceiling of the second story of a building.
xi. Signs shall be readable, with letters large enough to be legible, and with adequate contrast between the letters and the background.
(3) Sign Materials. Signs shall use quality materials, including but not limited to natural stone,
anodized metal, routed or sandblasted wood, such as rough cedar or redwood; interior-lit, individual Plexiglas-faced letters; or three-dimensional individual letters with or without indirect
lighting.
(4) Landscaping. Landscaping is required for all freestanding signs, and should be designed to enhance the signage and surrounding building landscaping.
(5) Lighting. Lighting shall be of no greater wattage than is necessary to make the sign visible at night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be
concealed in such a manner that direct light does not shine in a disturbing manner. Internally lit signs shall not be illuminated when the business is closed.
(6) Location. On multi-story buildings, individual business signs shall be limited to the ground level. (7) Vehicular signs. Vehicular signs are exempt from review and are allowed if all of the following
criteria are satisfied:
i. The vehicle is operable and has a current valid registration;
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ii. The sign is permanently or directly applied to the vehicle itself;
iii. Vehicles with signs permanently or directly applied must be normally and regularly used for
the transport of persons, goods or services, or be in the service of a municipal, county,
state, or federal agency; and
iv. Vehicles with signs must be parked or stored in areas designated for parking or vehicle
storage, and must not obstruct site circulation.
(8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto- oriented electronic messages, images, and/or changeable copy signs are permitted along arterial streets,
provided that they meet the following criteria:
i. Such signs shall be equipped with automatic dimmers, which shall be programmed to not exceed three tenths (.3) footcandles over ambient light levels.
ii. Signs shall not cause distractions to drivers with moving images or similar effects.
(9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone
district, subject to the following regulations:
i. Interactive storefronts must be designed, installed, and maintained to function as a computer-generated interactive display that responds to the physical activity of engaged
pedestrians passing along the adjacent sidewalk.
ii. Signs shall be placed on the interior of a pedestrian oriented display window. iii. Messages displayed on interactive storefronts must be oriented towards pedestrians, and not
passing motorists. iv. Interactive storefront signs count towards the calculation of maximum allowable window display area, Section (g)(3)(iii).
v. The dimensional maximum of an interactive sign is three square feet or a 28-inch monitor.
(f) Regulations in Residential Zoned Districts.
(1) Residential project entrance signs. Residential project entrance signs are permitted as follows:
i. One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square
feet in area and eight (8) feet in height;
ii. One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and eight (8) feet in height.
iii. One (1) wall sign is permitted per street frontage in the RH district. Total aggregate sign
area of wall signs for shall not exceed twelve (12) square feet per front, or twenty-four (24) square feet per development.
(2) One (1) construction sign shall be permitted for single family and duplex residences not to exceed six (6) square feet. Multi-family developments shall be permitted a maximum of two (2)
construction signs per development site, not to exceed an aggregate sign area of twelve (12)
square feet.
(3) Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, and a time period not to exceed forty-five (45) days per year. The time period set forth in this Section shall
not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by such parcel’s listing in a multiple listing service or other real estate listing service.
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(g) Regulations in Mixed-use and Commercial Lots.
(1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per
lineal foot of building front.
(2) Multiple business lot signs. Total sign area shall not exceed one (1) square foot per lineal foot of
building front for the first thirty-two (32) feet and one-third (1/3) square foot per lineal foot of building front in excess of thirty-two (32) square feet. Total building or project identification sign
area shall not exceed a maximum of sixty-four (64) square feet per lot front.
(3) Generally applicable sign requirements
i. Multiple signs. More than one (1) sign is be permitted, provided the total sign area does not exceed the total allowed for the lot or building.
ii. Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of temporary freestanding signage. Such signage is limited to four (4) feet in height, a
maximum of four (4) signs per property at any one time, and a time period not to exceed
forty-five (45) days per year. The time period set forth in this Section shall not apply to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by
such parcel’s listing in a multiple listing service or other real estate listing service.
iii. Window Signs shall not exceed twenty-five (25%) of the area of the window onto which they are attached. All window signs must be on the interior surface of the window. Window
signs are exempt from the approval requirements, and do not count towards the aggregate sign area.
iv. A maximum of two (2) construction signs shall be permitted for each construction project not to exceed an aggregate sign area of sixteen (16) square feet.
v. Portable sandwich board signs are permitted only in the Town Core, provided that all of the following criteria are met:
(A) Sandwich board signs must have a well-maintained appearance, and shall not exceed
three (3) feet in width or three (3) feet in height.
(B) Only one (1) sandwich board sign is permitted per business or organization.
(C) Sandwich board signs must be located within five (5) feet of the building entrance, or the building area occupied by the entity posting the sandwich board sign.
(D) Sandwich board signs shall only be posted during business hours, or the operating
hours of the entity posting the sign.
(E) Sandwich board signs shall not obstruct pedestrian walkways or parking areas, and shall not result in non-compliance with the Americans with Disabilities Act (ADA).
(h) Master Sign Programs. (1) The purpose of a Master Sign Program is to establish a common theme amongst signs on a
building or development project to create visual harmony between the signs, and other design
elements on the property.
(2) Master Sign Programs are encouraged for all properties and are required as a part of the design review process for all proposed projects.
i. The owner, builder, or developer of a building designed for single use shall present to the
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Community Development Department a Master Sign Program showing proposed locations of all signs.
ii. Multi-business buildings. The owner, builder, or developer of a building designed for
occupation by two (2) or more businesses under separate ownership shall present to the Community Development Department a Master Sign Program showing proposed sign locations, types, and methods of allocating sign area allowances to tenants' use.
(3) Master Sign Programs shall be in accordance with:
i. The Master Sign Program will demonstrate coordinated signage by maintaining a certain
uniformity of appearance through the consistent application of three (3) out of the six (6) following elements: color, size, shape, materials, mounting, or lighting. All proposed
locations of freestanding signs and building directories shall be shown.
ii. Master Sign Program changes or proposals may not be made without HOA or owner
approval.
iii. All Master Sign Programs shall be in written and plan form.
(A) Program Statement shall include: height off the ground, the locations, types,
(freestanding, projecting, etc.) illumination, sizes (square footage) of each sign according to the corresponding building face, and any additional information as
determined by the sign administrator.
(B) Drawn plans shall include:
(1) Site plan showing dimensions, colors, materials, copy, illumination, and required
landscaping for all freestanding signs.
(2) Program elevation showing locations, overall and letter/figure dimensions, colors, materials, proposed copy, illumination, and anchoring of each sign on the
building.
(3) Perspective, Sketch-up, or other type of rendering.
(4) Any additional information as determined by the sign code administrator.
iv. Master Sign Programs may include sign examples with wording, colors, materials, etc. to
further define the program requirements.
v. Master Sign Programs may include limitations on wording, colors, design, lighting, materials, and other restrictions.
vi. Proposed signs, not in accordance with the property' approved Master Sign Program, will
only be considered by the Planning and Zoning Commission upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners'
association. Non-complying signs must:
(A) Demonstrate compliance with purpose statements of this Chapter; and (B) Be found to enhance and generally modernize the site.
(i) Prohibited signs.
The following signs, unless otherwise stated herein, are prohibited:
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(1) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person.
(2) Signs imitating or resembling official traffic or government signs or signals, or signs creating
an unsafe distraction for motor vehicle operators.
(3) Signs that are in disrepair, damaged, dilapidated, inadequately maintained, or components of signs which do not function as intended – as determined by the sign code administrator.
(4) Moving, animated, revolving, rotating, or reflective signs.
(5) Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking
area, service drive, private driveway, alley, or other thoroughfare; or which obstruct free ingress to or egress from a required entrance or exit way.
(6) Nonconforming Signs, except legal nonconforming signs. (7) Neon, other gas-filled, or LED light tubes.
(8) Banners, except as described below: i. Temporary banners as allowed as part of an approved event permit.
ii. Temporary banners allowed under the following procedure: the owner or operator of a business or organization may apply to the Town for a temporary banner for display up to
thirteen (13) weeks per calendar year, for two (2) week intervals. Maximum banner size is thirty-two (32) square feet. Banners shall be in good condition, without rips or tears, and all corners shall be attached to a building or a projection of a building. A business or
organization may hang no more than one (1) banner at a time.
(9) Signs erected on public rights-of-way, except government signs.
(10) Wind-driven signs, air-activated graphics, or inflatable signs.
(11) Signs that utilize or incorporate searchlights.
(12) Signs mounted on the roof of a building, above canopies or eaves, or extending above the
uppermost edge of a parapet wall.
(13) Walking signs, human signs, signs incorporating live animals, or sign spinners.
(14) Signs with auditory messages or sounds.
(15) Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches,
streetlights, or placed on any public property or public right-of-way.
(16) Portable wheeled signs and portable message center signs.
(17) Billboards or Off Premises signs.
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(18) Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape.
(19) Statuary signs, except those proposed as part of a building sign, and whose area does not exceed fifty percent (50%) of the area of the sign.
(20) Projected image signs or signs with projected copy.
(21) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in color.
(22) Freestanding signs supported by a singular pole or post.
(23) Under-canopy or hanging signs that extend beyond the edge of the canopy or roof from which
they are suspended.
(24) Back-lit awning signs.
(25) Internally illuminated cabinet signs are prohibited except for those which use a non-opaque
material and punch-through letters so only the letters are illuminated.
(j) Safety standards.
(1) Freestanding or projecting signs and sign structures shall be engineered to withstand the
minimum wind and snow load requirements of the adopted building codes. A building permit and associated engineering data sufficient to prove the reliability of the structure and the
foundation shall be submitted for signs over ten (10) feet in height and/or forty (40) square feet
in area.
(2) Signs in danger of falling down, or which become insecure, or otherwise represent an unsafe
condition shall constitute a violation under the provisions of this Chapter, and shall be removed or corrected by the sign owner.
(3) Electrical wiring for energizing an electrical sign shall be underground in the case of
freestanding and behind the sign cabinet in the case of wall or projecting signs.
(4) All freestanding signs shall be self-supporting, erected on or permanently attached to a
concrete foundation. Signs mounted on marquees or projecting signs shall be engineered such that no guy wires are needed for support, other than the sign structure itself. Wall signs shall
be mounted on the wall of the building.
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(5) Anchors and supports shall be guarded and protected when near driveways, parking lots, or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal
anchors, bolts, or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected
to or supported by an unbraced parapet wall.
(k) Legal nonconforming signs.
(1) An existing sign which does not conform to the provisions of this Chapter may be eligible for the designation of legal nonconforming, provided that the sign code administrator determines that such sign is properly maintained according to all applicable legal requirements, does not
in any way endanger the public, and was covered by a valid permit or variance or complied with all previously applicable laws.
(2) A sign may lose this designation if the sign is relocated or replaced, or the structure or size of
the sign is altered in any way, other than normal maintenance. If the sign suffers more than fifty percent (50%) appraised damage or deterioration from fire, wind or other cause except
vandalism, it must be brought into compliance with this Chapter. If the sign is remodeled, moved, or copy or text is changed under new ownership, or was never erected in accordance with any code in force at the time, the sign shall be removed or brought into compliance with
this Chapter.
(3) The Town Council may condemn a nonconforming sign. Recommendations for condemnation
may be made by the Planning and Zoning Commission;
(4) By amortization. The right to continue to use or operate a nonconforming sign shall terminate five (5) years after the effective date of the ordinance codified in this Chapter or the
annexation of the area in which the sign is located to the Town.”
Section 15. Amendment to Section 10.08.010 – Definitions. is amended to read as follows, with
strike-out indicating language to be deleted and underline indicating language to be adopted:
“For the purposes of this Chapter, the words and phrases set forth in this Section shall have the following
meanings:
ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less, fully operable pedals, and an
electric motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of
three classes as follows: A. "Class 1 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that
provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 23 of 25
Motorized vehicle means any device, except for electric assisted bicycle, which by means of any motor or engine, whether assisted by human effort or not, operates or is capable of being operated in such a manner
as to propel itself and/or its operator across or upon land, water, ice or snow, and includes, but is not
limited to: all trucks, vans, automobiles, cars, dune buggies, motorcycles, motorscooters, mopeds, snowmobiles, boats, jet-skis, airboats or hydrofoils.
Restricted use area means all land and property, however owned, for which persons cited under the terms and provisions of this Chapter have not received permission from the owner or agent for the owner of said
property, to engage in the act or acts for which said person was cited, and such permission, in order to constitute a defense to said citation, must have been given prior to the date on which such property owner or agent complained of such acts. Further, all property belonging to the Town shall also be considered
restricted use area and all land zoned OLD, PRM, SPG or GPEH according to the official zone district map of the Town, regardless of ownership, shall be considered restricted use area. Roads, streets, alleys, highways, parking lots and parking structures, regardless of ownership, shall not be considered restricted
use area.”
Section 16. Amendment to Section 10.08.020. – Prohibited Acts. is amended to read as follows, with
underline indicating language to be adopted:
“No person shall park, drive, pilot or in any manner operate any motorized vehicle, as defined in Section
10.08.010, upon or across any restricted use area within the Town. Neither shall any person be a
passenger upon, on or in any motorized vehicle or upon, on or in any conveyance parked, drawn, pulled, pushed or otherwise propelled by any motorized vehicle within the Town.
Bicycle and Pedestrian Paths: A person may operate a Class 1 or Class 2 electric assisted bicycle,
with the motor activated, on any bicycle and pedestrian path in the Town, other than a bicycle and pedestrian path in any of the prohibited areas set forth below. Class 3 electric assisted bicycles are
prohibited on all bicycle and pedestrian paths.
Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor
activated in or on the following: 1. Children's playgrounds; 2. Turf areas or soft-surface trails;
3. Natural/unimproved areas; or 4. Sidewalks that are not part of a designated bicycle and pedestrian path.”
Section 17. Amendment to Section 10.32.060 – Motorized bicycles. is amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted:
“10.32.060 - Mopeds Motorized bicycles.
An operator of a moped motorized bicycle shall possess a valid driver's license. Mopeds motorized bicycles may be operated in bicycle lanes included within roadways. No moped motorized bicycle
may be operated on any sidewalk, pathway or upon any public lands unless such operation is
specifically designated.”
Section 18. Section 15.28 – Sign Code. This Chapter is hereby repealed in its entirety and removed
from Chapter 15: Buildings and Construction.
Section 19. Amendment to Section 15.30.010 – Intent and Purpose. is amended to read as follows,
with strike-out indicating language to be deleted:
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 24 of 25
“(c) In order to determine the effectiveness of this Chapter, staff shall develop and implement the "Avon Dark Sky Preservation Initiative" program to measure observable lumen counts at fixed points on the
valley floor. Baseline monitoring shall take place on an annual basis, and five (5) years after the
implementation of the ordinance codified herein, the findings shall be presented to the Planning and Zoning Commission and the Town Council to determine whether or not the intent and goals of this
Chapter are being satisfied.”
Section 20. Amendment to Section 15.30.030 – Applicability. is amended to read as follows, with strike-out indicating language to be deleted:
“The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All exterior lighting installed after the effective date of the ordinance codified herein shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of the
ordinance codified herein shall be brought into conformance with this Chapter. within five (5) years from
the date of adoption of the ordinance codified herein, or by November 17, 2009.“
Section 21. 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 22. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one
of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision”
means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 23. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 24. 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 25. 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 November 13, 2018 and setting such public hearing for January 8, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado.
ATTACHMENT A
Ord. 18-19 – Amending Avon Municipal Code
SECOND READING – January 8, 2019 Page 25 of 25
BY: ATTEST:
________________________________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on January 8, 2019.
BY: ATTEST:
________________________________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A
ATTACHMENT B
Staff Report – Code Text Amendment
September 18, 2018 Planning and Zoning Commission Meeting
Case #CTA18001
Staff Report Overview
This staff report contains one application for consideration by the Planning and Zoning
Commission (PZC): Code Text Amendment moving and modifying the Sign Code. Attachment
A corresponds to the new Sign Code, and Attachment B corresponds to the Development Review
Procedure, 7.16.XXX. Final chapter numbers have not yet been determined for these items.
Brief Summary of Changes
The sign code text amendment has been a long time in the making. The code has remained
largely unchanged since the mid-1980s. Now, with a more developed business and residential
profile, Avon needs a sign code that addresses more nuance and steers users into sign types that
are more harmonious with the desired town aesthetic. Changes to the sign code include:
• Move the sign code to Chapter 7 from Chapter 15. This links the application process with
more established standards (public noticing, variance, etc.)
• Application review types –Minor and Major Master Sign Program applications will create
an administrative approval for small changes
• Less subjectivity allows for more staff review of individual sign proposals
• Compliance with Gilbert case – The sign code no longer regulates content, thereby
complying with the 1st Amendment
• Provides regulations for many other sign types – auto, sandwich, projecting, canopy,
banners etc.
• Defined safety criteria and the types of applications that require building permits
Review Criteria
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Project type: Code Text Amendment Public Hearing: September 18, 2018 Location:
Prepared By:
Throughout Town
David McWilliams, Town Planner
ATTACHMENT B
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: Staff finds this amendment to be in compliance with the above review criteria.
Available Action
1. Continue Public Hearing, 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.
Staff Recommendation
Staff recommends approval of the Record of Decision and Recommendation to Town Council,
with the following Findings:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review criteria;
3. The code text amendments were reviewed in accordance with the criteria listed in
Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as
outlined in the staff report for the September 18, 2018 public hearing;
4. The code text amendments promote the health, safety, and general welfare of the Avon
Community;
5. The code text amendments are necessary to respond to changing conditions including
a more developed commercial core, and new planning practice resulting from the
Gilbert land use case.
6. The text amendment promotes and implements the goals and policies of the Avon
Comprehensive Plan; and
7. The text amendment promotes and implements the purposes stated in this Development
Code.
RECOMMENDED MOTION
“I move to recommend that the Avon Town Council approve Case #CTA18001, an application to
amend and update the Avon Municipal Code, Sign Code, with the Findings of Fact and Record of
Decision as presented by staff.”
Attachments
A. Sign Code
B. Development Review Procedures
ATTACHMENT B
ATTACHMENT B
October 16, 2018 Code Text Amendment Cleanups 1
Staff Report – Code Text Amendment
October 16, 2018 Planning and Zoning Commission Meeting
Case #CTA18002
STAFF REPORT OVERVIEW
This staff report contains one application for consideration by the Planning and Zoning
Commission (PZC): Code Text Amendment CTA18002 “cleaning up” various sections of
Chapter 7. Attachment A corresponds to all proposed changes, underlined in red to represent
additions, and struck out in red to represent deletions. Additionally, there are proposed
amendments that are not included in Chapter 7 and therefore do not meet the same review
procedures (PZC hearing); but are included in order to draft the final language for Town Council
Adoption.
BRIEF SUMMARY OF CHANGES
7.04.110 – Changes represent the elapsed time since the original Chapter 7 was codified.
7.08.010 – Changes to the “family” definition, as well as new definitions that correspond to
section 7.28.090(j)(B)(iv)
Table 7.16-1 – Inclusion of noticing requirements to the table for clarity of reading.
7.16.020 – Corresponding deletion of notice types so they are only in one location.
7.16.080 – Cleanup related to sign plans and of the appeal process.
7.16.160 – Clarifying the procedure for appeals.
7.20.060 – Properly enumerating lot size minimums.
7.20.090 – Correcting grammar.
7.28.090(e) – Clarifying building height regulations in Wildridge.
7.28.090(f) – Requiring more standards for design in Wildridge by including it in this section.
7.28.090(j)(4)(B)(iv) – Changing code to require form and not use on ground floors in the Town
Core.
10 – E-bicycle regulations.
Project type: Code Text Amendment Public Hearing: October 16, 2018 Location:
Prepared By:
Throughout Town
David McWilliams, Town Planner
ATTACHMENT B
October 16, 2018 Code Text Amendment Cleanups 1
15.30 – Removal of the Avon Dark Sky Preservation Initiative and adoption time period.
CODE TEXT AMENDMENT REVIEW CRITERIA
The review procedures for this application are governed by the Development Code. According
to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following
review criteria as the basis for recommendations and decisions on applications to amend the text
of the Development Code:
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in the Development Code;
or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: Staff finds that these amendments promote the general welfare of the
community, and better implements the goals of the Comprehensive Plan and Development code.
AVAILABLE ACTIONS
1. Continue the Public Hearing 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.
RECOMMENDED MOTION
“I move to recommend that the Avon Town Council approve Case #CTA18002, an application
to amend and update the Avon Municipal Code, with the findings and fact and record of
recommendation attached as B to Staff’s report.”
ATTACHMENTS
A: Complete Code Text amendment proposal
B: Recommendation for Approval
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: David McWilliams, AICP, Town Planner
Meeting Date: January 8, 2019
Agenda Topic: PUBLIC HEARING RESOLUTION 19-01, APPROVING A MINOR PUD AMENDMENT FOR
LOT 22 BLOCK 1 WILDRIDGE SUBDIVISION
ACTION BEFORE COUNCIL
Action on Resolution 19-01, a Resolution approving a Minor PUD Amendment to Lot 22 Block 1 Wildridge
Subdivision.
RECOMMENDED MOTION
“I move to approve Resolution 19-01, A Resolution approving File #PUD18006, an Application for a
Minor PUD Amendment to Lot 22 Block 1 Wildridge Subdivision.”
SUMMARY
Jeff Manley, the Applicant, representing 2177 Saddle Ridge Loop LLC, the Property Owner, is
requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed
building type for Lot 22, Block 1, Wildridge Subdivision (the Property). Currently, two (2) dwelling
units in the form of one (1) single-family-detached structure or one (1) duplex structure are permitted
by right. The Application is requesting to amend the zoning to change the allowed building type to
construct two (2) single-family-detached structures on a re-subdivided lot. Also, the application
requests two separate driveways for enhanced building separation and child safety (playing in the
driveway) purposes.
BACKGROUND
The Property is currently undeveloped, zoned PUD in the Wildridge Subdivision. The Wildridge
Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units
entitled for each individual lot. Lot 22 is shown as entitled for two (2) units in the form of either one (1)
single-family-detached structure or one (1) duplex structure.
The Application includes a narrative, response to the mandatory review criteria, and preliminary site
and building design plans showing a likely development scenario. This Application is requesting to
create two (2) separate lots of record that each would be permitted one (1) single-family-detached
structure, with the following limitations on building footprints and livable area per single-family
structure:
Lot Lot Size
Area of No
Disturbance
Proposed
Footprint
Limit
Livable
Area
22A 12,878 sf 2,350 sf 1,900 sf 3,300 sf
22B 12,039 sf 850 sf 1,900 sf 3,300 sf
Total 24,916 sf 3,200 sf 3,800 sf 6,600 sf
Approval of this request would supersede the existing entitlement of a duplex on the lot and would allow
only one (1) single-family-detached structure, with one (1) driveway on each new lot.
The Application proposes to keep standard Wildridge easements: ten (10) foot front Snow Storage,
Maintenance Easement. Side yard drainage and utility easements are not included in the Application
and are listed as a condition of approval in the PZC recommendation. Setbacks would also be
consistent with the current PUD standards: 1) twenty-five (25) foot front setback and ten (10) foot
side and rear setback. The proposed building footprint creates a distance between structures that
would be over twenty (20) feet.
PROCESS
Minor PUD Amendment Process
According the Avon Municipal Code (AMC), a proposed PUD amendment is considered minor if it
meets the following criteria (§7.16.060(h)(1)(ii) sets forth criteria for a Minor Amendment) and has
been determined as such by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the
intent and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD.
Therefore, this application is processed under §7.16.060(h), Amendments to a Final PUD, and
subsection (2)(ii) sets forth the review procedures for the same process.
Staff Response: The application, as submitted, meets the criteria for a Minor Amendment.
Public Notification
In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all
property owners within 300’ of the property. Staff initially mis-noticed the public hearing by including
the old Town Hall address; therefore the PZC hearing was continued and new notice was sent.
Additionally, a notice was published in the Vail Daily newspaper on November 23, 2018 that included
all applicable PZC and Town Council public hearing dates. At the PZC hearings there were multiple
public comments received in both written and oral form. All written public comments, including those
received between the December 18, 2018 PZC Public Hearing and January 3, 2019, are included as
Attachment B to PZC Staff Report.
PUD AMENDMENT REVIEW CRITERIA
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the Town Council shall consider the following
criteria when forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards.
Such improvements in quality may include but are not limited to: improvements in open space
provision and access; environmental protection; tree/vegetation preservation; efficient provision
of streets, roads, and other utilities and services; or increased choice of living and housing
environments.
(ii) The PUD rezoning will promote the public health, safety, and general welfare.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon the natural environment, including air, water, noise, storm water
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses
on other properties in the vicinity of the subject tract.
Staff Response: The Applicant is not requesting any special privilege, variance or zoning beyond a
residential classification containing development rights of two (2) units, unchanged from the current
entitlement. The proposed PUD amendment requests a change from attached dwelling units to
detached dwelling units and self-imposes some restrictions in doing so.
Compared with maximized development of this property, this PUD Amendment acts to preserve
views, and prevents continuous building massing. Proposed building footprints and livable square
footage maximums complement existing building footprints in the area. The PZC decision was in
favor of the application by a vote of 4-2. Staff interpreted the nay votes as reflecting concern for the
benefit to the town (AMC review criteria §7.16.060(e)(4)(i)). Included in Resolution 19-01 is suggested
Town Council Findings that reinforce these points. Also, approval of the recommendation was
conditioned on clarification of the second driveway’s suitability from the Fire Department and from
Justin Hildreth, Town engineer, which are both included as attachments.
WILDRIDGE LOT SPLIT PUD AMENDMENT REVIEW CRITERIA
In addition to the Minor PUD Amendment Review Criteria above, the AMC includes additional PUD
amendment considerations for this specific application type. Pursuant to §7.16.060(h)(4), Additional
Review Criteria, AMC, the Town Council shall consider the following criteria when forming the basis of
a final decision:
(i) The application results in less total site coverage and contains restrictions on building envelopes
when deemed appropriate to minimize site coverage;
(ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and
when a shared driveway curb cut would reduce site disturbance;
(iii) Areas not appropriate for development are designated on the PUD plan;
(iv) The proposed development of the site avoids disturbance of slopes greater than thirty percent
(30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to
the existing PUD designation; and,
(v) The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize
or mitigate impacts to properties in the vicinity, including but not limited to:
(A) enhanced landscaping;
(B) increased building setbacks (i.e. minimum twenty (20) feet separation between
buildings and a minimum ten (10) feet setback between properties);
(C) designated building footprints;
(D) building height restrictions; and,
(E) designated architectural massing, including building square footage designation.
Staff Response: The Application proposes modified building envelopes, footprint limitations, areas of
no disturbance, and livable area limitations that respond to the above criteria.
ATTACHMENTS
ATTACHMENT 1 - Resolution 19-01
ATTACHMENT 2 - PZC Report, dated December 18, 2018 & Attachments (including
additional public comments received after December 18)
ATTACHMENT 3 - Town Engineer Report
ATTACHMENT 4 - Fire Department Comments
ATTACHMENT 1
TOWN OF AVON
RESOLUTION 19-01
A RESOLUTION APPROVING FILE #PUD18006, A MINOR PUD AMENDMENT TO LOT 22 BLOCK 1 WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, STATE OF
COLORADO
WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on November 15, 2018 by Jeff Manley
(“Applicant”) to modify the allowed building type to construct two (2) single-family-detached structure with two (2) driveways on a re-subdivided lot; and
WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section
7.16.060(h)(ii), Avon Development Code.
WHEREAS, the Planning and Zoning Commission held a public hearing on December 4 and December 18, 2018 after posting notice of such Public Hearings in accordance with the requirements of
Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and
WHEREAS, after holding a Public Hearing on December 18, 2018, the Planning and Zoning Commission made a recommendation that the Town Council approve the Application; and
WHEREAS, the Avon Town Council held a public hearing on January 8, 2019, and after posting
notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and
WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4)
and made the following findings regarding the Application:
(1) The Application promotes the general public health, safety and welfare because the Applicant is
imposing stricter standards than the existing development standards; and, (2) Approval of the Application will result in a compatible building scale with those found in the vicinity;
and,
(3) The Application will not result in adverse impacts upon the natural environment, wildlife, vegetation, noise or air; and,
(4) The Application incorporates restrictions to minimize impacts to properties in the vicinity, including
modified building envelopes, footprint limitations, areas of no disturbance, and livable area limitations; and,
(5) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “Promote development that maximizes sun exposure and protects views.”
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that File #PUD18006, a Minor PUD Application for Lot 22 Block 1 Wildridge PUD, Town of
Avon, State of Colorado, is hereby approved subject to the following conditions at subdivision:
(1) Storm water drainage easements between property lines shall be demonstrated at
subdivision; and
(2) A plat amendment defining the neighboring landscape easement shall be recorded at
subdivision. The review procedures for this application are governed by the
Development Code.
ATTACHMENT 1
MOVED, READ AND ADOPTED by the Avon Town Council, on January 8, 2019.
TOWN OF AVON, COLORADO
ATTEST:
Sarah Smith Hymes, Mayor
Brenda Torres, Deputy Town Clerk
ATTACHMENT 2
December 18, 2018 PUD Amendment Memo
To: Planning and Zoning Commission
From: David McWilliams, Town Planner
Meeting Date: December 18, 2018 Topic: PUD 18006 Updates
UPDATE FROM THE DECEMBER 4, 2018 PZC HEARING
Town staff gave public notice of the hearing for the wrong venue (notice was given for 1 Lake
Street, not 100 Mikaela Way) and therefore the application was continued in order to give proper
notice. Since then, the application has not changed, but the applicant has provided additional
information not initially made public during the application process, included as Attachment C.
This material shows approximations of the sight lines for two single family houses against a
footprint of a contemplated duplex. Staff feels the additional material sheds light on the views
affected, but doubts that the duplex option is still a potentiality for the site. Additional public
comment is included within Attachment B.
Staff’s analysis is not changed, and the original report sufficiently describes the project. In
situations where there was a question of the fulfillment of noticing, Town Code requires a
finding declaring that noticing was sufficient. Therefore, staff included an amended
recommended Findings and Conditions that specifically describes the compliance with noticing.
The application is scheduled for a public hearing at the January 8, 2019 Town Council meeting.
AMENDED RECOMMENDED FINDINGS AND CONDITIONS
Recommended Motion:
“I move to recommend Town Council approval of Case #PUD18006, an application for a
Wildridge Lot Split PUD Amendment for Lot 22 Block 1 Wildridge Subdivision with the
findings and conditions as recommended by staff.”
Findings:
1. The application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the
application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
ATTACHMENT 2
December 18, 2018 PUD Amendment Memo
5. The PUD Amendment does not change the character of the development and
maintains the intent and integrity of the PUD with two residential dwelling units on
the Property;
6. The PUD Amendment promotes the public health, safety and welfare over that of the
existing development rights for a duplex because the Applicant is imposing stricter
standards than the existing development standards;
7. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and
compared to the underlying zoning, the Minor PUD Amendment is not likely to result
in significant adverse impacts upon the natural environment or neighboring
properties; and
8. By continuing the December 4, 2018 public hearing and re-noticing the following
public meeting schedule, substantial compliance with the notice requirements of
§7.16.020(d)(4), General procedures and requirements, was met.
Conditions:
1. Storm water drainage easements between property lines shall be demonstrated at
subdivision; and
2. A plat amendment defining the neighboring landscape easement shall be recorded at
subdivision. The review procedures for this application are governed by the
Development Code.
1 December 4, 2018 PZC Meeting – 2177 Saddle Ridge Loop PUD Amendment
ATTACHMENT 2
Staff Report – Minor PUD Amendment
December 4, 2018 Planning & Zoning Commission Meeting
Introduction
Jeff Manley, the Applicant, is requesting a Wilridge Lot Split Amendment (the Application) to modify the
allowed building type and driveway configuration, for Lot 22 Block 1 Wildridge Subdivision (the Property).
Currently, a duplex is permitted by-right, and the allowed driveway type would normally be shared between
them. The Application would amend the zoning to change the allowed building type to construct two
(2) single-family-detached structures on re-subdivided lots, with independent driveways.
Current Conditions
Lot 22 is currently undeveloped, zoned PUD in the
Wildridge Subdivision.
Process
Minor PUD Amendment Process
According the Avon Municipal Code (AMC), a
proposed PUD amendment is considered minor if it
meets the following criteria for decision and has
been determined as such by the Director:
(A) The PUD amendment does not increase
density, increase the amount of
nonresidential land use or significantly
alter any approved building scale and mass
of development.
(B) The PUD amendment does not change the character of the development and maintains the intent
and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space proposed within the PUD.
This application is processed under §7.16.060(h)(iii), Lot Split Amendment in Wildridge PUD, AMC. The
application, as submitted, meets the criteria for a Minor Amendment.
Public Notification
In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all
property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily
newspaper on November 23.
Public Hearings
The December 4 meeting accomplishes the public hearing requirement for PZC review. The Council will
make the final decision on this Application after holding one more public hearing and acting on a
Resolution. The Town Council hearing is scheduled for January 8, 2018.
Project File Case #PUD18006
Legal description Lot 22 Block 1, Wildridge Subdivision
Zoning PUD
Address 2177 Saddle Ridge Loop
Owner
Prepared By
2177 Saddle Ridge Loop LLC
David McWilliams Town Planner
2 December 4, 2018 PZC Meeting – 2177 Saddle Ridge Loop PUD Amendment
ATTACHMENT 2
Proposed PUD Amendment
The Application includes a narrative, response to the mandatory review criteria, and preliminary site and
building design plans showing a likely development concept. It requests to create two (2) separate lots
of record that each would be permitted one (1) single-family-detached structure. Approval of this request
would supersede the existing entitlements on the lots and would allow one (1) single-family-detached structure
on both lots.
The Application maintains the duplex lot standard Wildridge easements of ten (10) foot front Snow Storage,
Maintenance Easement, and seven and one-half (7.5) foot side yard drainage and utility easements around the
current property line. A completed drainage and utility easement between properties would be required before
subdivision. Proposed envelopes create about 44’ between the structures at the center with the current design
concept, however, both lot setbacks imagine a garage addition which would reduce that area by roughly twelve
(12) feet.
Staff Analysis
The current development rights allow a single-family or duplex structure on the lot. Staff encourages PZC
to view this application in two separate pieces: the duplex split component, and the split driveway
component. The driveway component was analyzed by the Town Engineer, and it was determined that to
support the necessary sight line distance, a shrub from the neighboring property needs to be removed, and
a landscape easement is required so it is not replaced in the future. Staff recommends the satisfactory
completion of a plat amendment to the neighbor’s property as a condition of approval. However, staff is
exploring the viability of using existing AMC language to achieve the same.
PUD Review Criteria
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when
forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict application
of the otherwise applicable district or development standards. Such improvements in quality may include,
but are not limited to: improvements in open space provision and access; environmental protection;
tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased
choice of living and housing environments.
Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes
statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding
increased demands on public services and facilities; and providing for compatibility with the surrounding
area, among other statements.
PZC should carefully weigh if the application provides compatible building layouts with the surrounding
area. The surrounding area is predominately single-family, duplex, and multi-family development. The request
for two curb cuts results in less site fill than a single drive (Attachment A, page 2). The PUD amendment
does not increase demands on public services. Other applicable development standards (parking, design
standards, access requirements) would remain intact.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds that the PUD amendment results in a design that will promote the public health,
safety, and general welfare to the same degree of the original PUD.
3 December 4, 2018 PZC Meeting – 2177 Saddle Ridge Loop PUD Amendment
ATTACHMENT 2
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD amendment is part of an established PUD and is therefore not subject
to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Staff finds this application
generally compliant with the purposes of the Development Code, including, “(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.”
The site is in the Northern Residential District (District 11 of the Comprehensive Plan), which states in its
overview, “due to the limited number of existing trees and shrubs and the open character of the property,
special care should be taken to ensure that all structures are compatible with one another and in harmony with
the natural surroundings.” The application includes a limit of disturbed area, although staff is unsure that
the application limits disturbance more than a duplex would.
This district includes Planning Principles that encourage open space preservation, sidewalks, and to,
“encourage and support development that:
• Prohibits significant alteration of natural environment as well as ridgeline and steep slope development. This
area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting.”
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while
maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the current development rights to construct two
residential units and the existing services can adequately serve the properties. The fire department has
signed off on the proposed dual driveway.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and
vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing duplex zoning, the proposed Minor PUD Amendment
will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air.
Storm water drainage easements between property lines should be a condition of approval.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: The proposed density and the building footprints do not adversely impact upon other areas.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: Single-family-detached residential use is compatible in scale with current and potential uses
on other properties in the vicinity of the property.
Additional Review Criteria
The PZC shall review a Lot Split Amendment to the Wildridge PUD application according the following
4 December 4, 2018 PZC Meeting – 2177 Saddle Ridge Loop PUD Amendment
ATTACHMENT 2
criteria, in addition to the review criteria for a preliminary PUD development plan:
(i) The application results in less total site coverage and contains restrictions on building envelopes
when deemed appropriate to minimize site coverage;
Staff Response: The application proposes a reduced building envelope as illustrated in Attachment A, A1.1.2
which adequately minimize site coverage.
(ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and
when a shared driveway curb cut would reduce site disturbance;
Staff Response: The application proposes two individual driveways to create a more appropriate play area
for a large family. The cut area for the two-drive design is estimated at 247 yards of cut, while the single drive
would have 527 yards of cut. Final review of and associated disturbance would take place with Development
Plan application(s), however, at this stage of review the conceptual plans indicate negligible differences in
disturbance.
(iii) Areas not appropriate for development are designated on the PUD plan;
Staff Response: The application incorporates a non-disturbance area of 3,200 s.f. on the west side as
illustrated in Attachment A, A1.1.2.
(iv) The proposed development of the site avoids disturbance of slopes greater than thirty percent
(30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing
PUD designation; and,
Staff Response: Staff did not require a slope study for this property because it does not appear to have any
30% grades. The proposed house locations and envelopes seem appropriate for the site.
(v) The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or
mitigate impacts to properties in the vicinity, including but not limited to:
(A) enhanced landscaping;
(B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a
minimum ten (10) feet setback between properties);
(C) designated building footprints;
(D) building height restrictions; and,
(E) designated architectural massing, including building square footage designation.
Staff Response: The application proposes modified building envelopes that slightly push the houses back
from the road, proposed footprints of 1900 s.f, and square footage designations of 2,800 s.f. (Attachment A,
page 1). These limitations are appropriate for the site and the vicinity.
Staff Recommendation
Staff recommends approval of the lot split application with the findings and conditions as listed
by staff.
Recommended Motion:
“I move to recommend Town Council approval of Case #PUD18006, an application for a Wildridge
Lot Split PUD Amendment for Lot 22 Block 1 Wildridge Subdivision with the findings and conditions as
recommended by staff.”
Findings:
1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing
density, increasing the amount of nonresidential land use, or significantly altering any approved
building scale and mass of the development;
5 December 4, 2018 PZC Meeting – 2177 Saddle Ridge Loop PUD Amendment
ATTACHMENT 2
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The PUD Amendment does not change the character of the development and maintains the intent
and integrity of the PUD with two residential dwelling units on the Property;
6. The PUD Amendment promotes the public health, safety and welfare over that of the existing
development rights for a duplex because the Applicant is imposing stricter standards than the
existing development standards; and
7. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the
underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts
upon the natural environment or neighboring properties.
Condition:
1. Storm water drainage easements between property lines shall be demonstrated at subdivision; and
2. A plat amendment defining the neighboring landscape easement shall be recorded at subdivision.
Attachments
A: Application Materials
B: Public Comments
Date: 11-14-2018, revised 11-21-18
Meeting at TOA RE: Lot Split of 2177 Saddle Ridge Loop, Lot 22
The lot 22 at 2177 Saddle Ridge Loop is being proposed to be split into 2 single family lots. Current conditions:
1 The Lot 22, is a .57 acre lot (24,916.63 s.f.) 2 Lot is an upward loading lot with primary views to the northeast or east. 3 There is an unbuilt design for a duplex for the lot.
a. The duplex design was for a home 2710 s.f. + garage AND 3081 s.f. + garage creating a total s.f. of 7,694 s.f.
b. This is a long and linear design
4 There are adjacent homes bounding the property. Info from Eagle CO website a. 002185 SADDLE RIDGE Lot 23, is .46 acres, with a single family home, 2812 s.f. (adjacent/south lot)
b. 002165 SADDLE RIDGE LP #B, .199 acres, ½ of a Duplex home, 3551 s.f. (adjacent/north lot) c. 002165 SADDLE RIDGE LP #A, .230 acres, ½ of a Duplex home, 2962 s.f. (north of lot other half) d. 002170 SADDLE RIDGE LP #A thru #D, View Townhome 4 plex with each at 2426 s.f. (across the
street)
e. 002190 SADDLE RIDGE LP #B, Lot 12B, .574 acres ½ a Duplex home, 2784 s.f. (across the street) f. 002110 LONG SPUR #A, .220 acres, ½ Duplex to the west of lot, at 3065 s.f. (behind lot on west side) g. 002110 LONG SPUR #B, .160 acres, ½ Duplex to the west of lot, at 2975 s.f. (behind lot on west side)
5 Density/current zoning is for Duplex, 2 family residence. No change to the overall density is being requested.
6 The Parking on the duplex lot would require 3 parking spaces for each unit. No change in
parking requirements is being requested 7 The current height limitation is 35’, no change requested
8 The proposed homes will comply with the Town of Avon’s Development Code, Guidelines, and approval procedures.
The Goal of the project is to create 2 smaller single family homes with light and air buffer between. Important to the design is to break up the bulk and mass of the build that you would get with a large
monolithic structure of a Duplex design.
· One of the homes (north) will be occupied by the Owner (2 adults and 5 children). The other would be a ‘for sale’ home.
· We are proposing that each home would have a compact design to maximize the green space and outdoor living area.
· The homes would step with the natural grade of the site. The grade change from front to back is approximately 10’. This allows the main level to walk out to grade in the back. The homes
are ‘tucked’ into the slope of the lot. The design of the homes can respond to the natural
contours of the lot nicely. For the remaining lots of Wildridge, this is a very reasonably sloped site. This is not what the town would consider as a steep sloped lot, (no areas with 30 to 40%
grade)
· The goals for the living area is to total 2,600 s.f. to 2,800 s.f. This size is compatible with
adjacent homes in the area. See matrix above.
· The footprint is planned to be around 1600 s.f. in preliminary design schemes home that will
have 2 car garages. Both the homes would propose a footprint of 1900 s.f. to allow for a future
owner to add a 3rd car garages. The goal is to keep the footprints small.
· The buildings are proposed to maximize the width between the buildings, 45’ to the north home
and 35’ from the adjacent existing home on the south. The typical side yard setbacks of 10’ on either side of the lot demising property line (total of 20’) would be observed. We would more
than conform to the standard setbacks found on typical lots within Wildridge.
ATTACHMENT 2.A
· Proposed NON-DEVELOPMENT AREA of 3200 s.f. at the rear of the property and at the south
neighbor’s existing tree drip line.
· The proposed lots will include an Envelope of 3300 s.f. in which the building, overhangs, roofs,
and decks are to be kept within. On grade terraces, drives, and walks would be able to extend
beyond the envelope, but not into any non-development area.
We have studied the adjacent properties and see that this lot has a very long street frontage. The
property line length is 240.72’ at the street. This will help in keeping the homes appear to be spaced out similar to that of other homes on the area.
Creating separate drives would help in giving separate identity to each home.
· The separated drives will allow each home to be able to better sit into the natural topography of
the site since the drive is not being in the control in elevation by the other home. The back of the south home would create a walk out on the rear of the home. I have created some
calculations for the site work cut and fill for the single drive and the 2 curb cut drive designs.
o The 2 curb cut drive design would have a cut/fill totaling 247 yards of cut
o The single curb cut drive design would have a cut fill totaling 527 yards of cut. Most of
this difference in the fact that the south house is not allowed to be up in elevation and
follow the natural contours in the back. There is also an increase in boulder retaining required.
· The splitting of the drives allows for a natural surface drainage between the homes to the existing ditch at the road’s edge. A favorable design from an engineering standpoint.
· The drives can be placed so that there is adequate spacing between drives and similar to that of typical lot to lot spacing of drives that exist in Wildridge. From the existing drive at Lot 21B,
(2185 Saddle Ridge loop #B) the first drive would be 108’, the second drive would be 95’9’, and
the drive to the existing home at lot 23, (2185 SADDLE RIDGE) is 195’.
· Jeff Manley (Martin Manley architects) has met with the Town Engineer (Justin Hildreth) and the
Town Planner (David McWilliams) on site to review the site lines and engineering concerns. It was determined that the engineering department would find the 2 curb cut drive design
acceptable with the following conditions:
o It was determined that a 165’ site line to the car approaching from the south should be maintained. This can be accomplished with the 2 curb cut design.
o The grade on the south side of the drive should be contoured to not have retaining
obscure the sight line to a car exiting the drive. This can be accomplished with the 2 curb cut design.
o The serviceberry shrubs in the sight line shall be removed. The shrubs on Lot 22 in this area will be removed to not obscure the drive sight line. This will be completed with the design. There is also 1 serviceberry on Lot 23 (south neighbor) near the electrical
transformer that shall be removed. We have been in discussions with the Lot 23 Owner, Matt Asmus, and removal of this shrub is acceptable to him. The letter of approval to
remove the shrub on Lot 23 is attached.
ATTACHMENT 2.A
From the Development Code 7.16.060 (4)
Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation
or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment:
(i)
The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site
design such that it achieves the purposes of this Development Code and represents an improvement in quality over
what could have been accomplished through strict application of the otherwise applicable district or development
standards. Such improvements in quality may include, but are not limited to: improvements in open space provision
and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other
utilities and services; or increased choice of living and housing environments;
· The lot split will create a benefit to the neighborhood in the following manner
o The proposed footprints are split and allow light and air between the homes that would not
be possible with a duplex design. This breaks up the long continuous façade of a duplex
design
o The designs proposed will have smaller footprint that will allow more landscape area and
larger distance between homes.
o The proposed homes will be 2600 to 2800 s.f. in size. This is a size that the current real estate
market is seeking and is another choice than the large duplex product. Single family homes is
desirable in the Wildridge area.
(ii)
The PUD rezoning will promote the public health, safety and general welfare;
· The lot split will promote public health, safety and welfare by promoting smaller homes that require
less energy to maintain, more light and air/ distance between the homes of the neighborhood, and
more natural landscape
(iii)
The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the
eligibility criteria outlined in Subsection 7.16.060(b);
· The lot split is consistent with the Comp Plan, Dev Code, and Eligibility Criteria. This request is
consistent with other approved lot splits within Wildridge Subdivision
(iv)
Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage
and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels
of service to existing development;
· The Facilities and Services are unchanged since the density is not being increased
(v)
Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the
natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts
will be substantially mitigated;
· The lot split will not adversely affect the underlying Zoning. Due to the smaller buildings in lieu of one
larger duplex, the Proposed will improve site water management, air, vegetation, and noise due to the
smaller structures
(vi)
Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon
other property in the vicinity of the subject tract; and
· The Proposed will not adversely affect impact the other properties since the proposed homes are
consistent with other sizes of existing adjacent homes and will provide diversity of housing inventory
ATTACHMENT 2.A
(vii)
Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in
the vicinity of the subject tract.
· The use is compatible with scale of the neighborhood and the residential use.
Thank you,
Jeffrey P Manley AIA Martin Manley Architects
970-328-1299 (direct)
970-688-0326 (cell) www.martinmanleyarchitects.com
ATTACHMENT 2.A
970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject No.:DateREVISIONSNOT FOR CONSTRUCTION11/21/2018 10:51:34 AMA0.0COVER18512177 Saddle Ridge LoopLOT SPLIT SET11-21-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 816202177 Saddle Ridge Loop
LOT SPLIT SET
Single Family Residences at
Wildridge Subdivision
Lot 22, Avon CO 81620
11-21-18
No.DescriptionDateATTACHMENT 2.A
CTV PEDESTAL
TELEPHONE
PEDESTAL
ELECTRIC
TRANSFORMER
FLOWLINE OF
18" C.M.P. 8173.9
8187.6
8176.3
EDGE OF GRAVEL
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 5447
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 5447
BUILDING
SETBACK
BUILDING
SETBACK
BUILDING
SETBACK
UTILITY AND DRAINAGE EASEMENT
(RECEPTION No. 226437)UTI
LI
TY AND DRAI
NAGE EASEMENT(RECEPTI
ON No. 226437)
U TILITY A N D D R A IN A GE EA S EM E N T(R EC E P TIO N N o. 2 2 6 4 37)SLOPE MAINTENANCE, DRAINAGE AND
SNOW STORAGE EASEMENT
(RECEPTION No. 226437)
N 49°37'22"E - 114.02'S89°54'56"E - 210.69'S30°46'55"E - 100.81
'
LOT 22
0.57 ACRES
ADDRESS: 2177 SADDLE RIDGE LOOP
LOT 21B
LOT 23
LOT 25A
LOT 24B
LOT 22B
12039.0 S.F.
LOT 22A
12877.7 S.F.
8180
8190
8200
8
2
0
0
8190
8180
84
96
92
96
92
90
94
92
92'6
90
88
86
84
88
86
94
95
90
92
90
92
8894
94
92
88
84'
90
86
84
82
78
78
78
92
7
'-6
"10
'-0"10'-0"10'-0"7'-6"10'-0"approx.
20'-53_
8"23'-0"
25'-8"
23'-0"
VIEWS
BEAVER CREEKMOUNTAINGAME CREEK BOWLRED AND WHIMOUNTAIN1 inch = 10 ft.
( IN FEET )
5
GRAPHIC SCALE
0 10 20
4"
4"
1 0"
4"
4"
C TV
P
(SEE DETAIL)
VIEWPOINT
T.O. WALL
B.O. WALL
2'-0"8180'
8182'
G
U
E
ST PARKIN
G
95' 9 BETWEEN DRIVE WAY CURB CUTS
SURFACE DRAINAGE TO DITCH28' - 4"27' - 0"
ROUGHLT 55 FEET BETWEEN BUILDINGS
T.O. WALLB.O. WALL
3'-6"
8188' 8184' 6
T.O. WALL
B.O. WALL
3'-0"8183'
8186'VI
EW LI
NE DI
STANCE AROUND CORNER I
S 165 FEET
(TO SOUTH
)
SERVICEBERRY SHRUBS IN THIS AREA ARE TO BE REMOVED TO MAINTAIN SIGHT LINE TO DRIVE
LOT 23 OWNER HAS AGREED TO REMOVE
1 SERVICE BERRY SHRUB (LOCATED
HERE) TO CREATE CLEAR SIGHT LINE TO
DRIVE ENTRANCE (granted 11-20-18)
GRADE IN
THIS AREA
IS LOWERED
TO IMPROVE SIGHT LINE TO DRIVEPROPOSED PROPERTY LINE
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE
view path to Game Creek Bowl3200 S.F. OF PROPOSED NON DEVELOPEMENT AREA(MAY HAVE LIMITED DISTURBING TO CONNECT TO UTILIES)
44' - 1"
67' - 8"50' - 5"65' - 5 1/2"
65' - 5 1/2"
appox
3'-0".
5 0 ' - 5 "3' - 0"
Total Lot 22
Area: 24916.63 s.f.
Area of no disturbance/natural: 3200 s.f. (undisturbed at back of lot and under south neighbor’s trees)
Lot 22A Lot 22B
Area:12877.7 s.f.Area:12038.5 s.f.
Area of no disturb: 2350 s.f.Area of no disturb: 850 s.f.
Area of no disturbance on lot= 10527.7 s.f.Area of no disturbance on lot= 11188.5 s.f.Area within envelope: 3300 s.f.Area within envelope: 3300 s.f.970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/21/2018 10:51:35 AMA1.1.2SITE PLAN OPTION 218512177 Saddle Ridge LoopLOT SPLIT SET11-21-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1/8" = 1'-0"1 A0.0 SITE PLAN 2 CURB CUTS
ATTACHMENT 2.A
G
U
E
ST PARKIN
G
95' 9 BETWEEN DRIVE WAY CURB CUTS
SURFACE DRAINAGE TO DITCH28' - 4"27' - 0"
ROUGHLT 56 FEET BETWEEN BUILDINGS
44' - 5"VIEW LINE DISTANCE AROUND CORNER IS 165 FEET (TO SOUTH )SERVICEBERRY SHRUBS IN THIS AREA ARE TO BE REMOVED TO
MAINTAIN SIGHT LINE TO DRIVE
APPROVAL FROM LOT 23 OWNER TO REMOVE 1 SERRVICE BERRY SHRUB (LOCATED HERE)
TO CREATE CLEAR
SIGHT LINE TO DRIVE
ENTRANCE WAS
GRANTED
GRADE IN THIS AREA IS LOWERED TO IMPROVE SIGHT LINE TO DRIVE
50' - 6 1/4"
PROPOSED PROPERTY LINE
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE 970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/21/2018 10:51:40 AMA1.1.3GOOGLE EARTH18512177 Saddle Ridge LoopLOT SPLIT SET11-21-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1 A0.0 SITE PLAN GOOGLE EARTH VIEW
ATTACHMENT 2.A
UP
WDWDDW
13' - 6"9' - 6"24' - 5 1/2"
28' - 5 1/2"21' - 0"3' - 0"12' - 0"21' - 4"8' - 2"24' - 0"3' - 0"cubbies under stair
mechanical platform
open railing
STAIR AND LIGHT WELL
4' - 0"7' - 8"1' - 1"8' - 10 1/2"17' - 10"9' - 4"1' - 10"8' - 3"4' - 4"
A3.0
1
6' - 6"13' - 0 1/2"8' - 11"8' - 6"12' - 6"15' - 0"14' - 4"7' - 0"12' - 9"5' - 5 1/2"5' - 8"36' - 4"10' - 0"13' - 5 1/2"24' - 0"3' - 0"10' - 2 1/2"16' - 0"3' - 4"2' - 0"MASTER
BEDROOM
MASTER
BATH
MASTER
CLOSET
LIVING ROOM
PANTRY
STAIR AND LIGHT WELL
UP
DN
GUEST
BEDROOM KITCHEN
DINING
GUEST
BATH AT GRADE
TERRACE8' - 1 1/2"3' - 11 1/2"5' - 6"2' - 10"12' - 9"4' - 1 1/2"6' - 1"3' - 4"2' - 0"
PANTRY
5' - 4"2' - 0"15' - 0"2' - 6"5' - 6"9' - 5 1/2"15' - 0"21' - 4"13' - 2 1/2"5' - 6"6' - 6"14' - 2 1/2"OVERLOOK TO BELOWSTAIR AND LIGHT WELL
DN
STUDY LOFT
KIDS
BEDROOM 1
KIDS
BEDROOM 2
8' - 8"A3.0
1
3:12
3:12
3:12
3:12
3:12970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/21/2018 10:51:42 AMA2.0FLOOR PLANS18512177 Saddle Ridge LoopLOT SPLIT SET11-21-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620TrueNorth ProjectNorth No.DescriptionDate1/4" = 1'-0"1 A1.0 LOWER LEVEL
1/4" = 1'-0"2 A2.0 MAIN LEVEL
TrueNorth ProjectNorth
1/4" = 1'-0"3 A3.0 UPPER LEVEL
TrueNorth ProjectNorth
Area Schedule (Gross Building)
Name Area
Lower LevelArea 587.9 SF
Main Level Area 1446.8 SF
Upper LevelArea 657.1 SF
Grand total: 3 2691.8 SF
1/8" = 1'-0"4 ROOF PLAN
ATTACHMENT 2.A
A2.0 MAIN LEVEL8192' -7 3/4"
A3.0 UPPER LEVEL8202' -11"
Plate Height8211' -0"
A1.0 LOWER
LEVEL8182' -6"970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/21/2018 10:51:46 AMA3.0EXTERIOR ELEVATIONS18512177 Saddle Ridge LoopLOT SPLIT SET11-21-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1/4" = 1'-0"1 NORTH ELEVATION
2 3D View 1 3 3D View 2
ATTACHMENT 2.A
CTV PEDESTAL
TELEPHONE
PEDESTAL
ELECTRIC
TRANSFORMER
FLOWLINE OF
18" C.M.P. 8173.9
8187.6
8176.3
EDGE OF GRAVEL
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 5447
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 5447
BUILDING
SETBACK
BUILDING
SETBACK
BUILDING
SETBACK
UTILITY AND DRAINAGE EASEMENT
(RECEPTION No. 226437)UTI
LI
TY AND DRAI
NAGE EASEMENT(RECEPTI
ON No. 226437)
U TILITY A N D D R A IN A GE EA S EM E N T(R EC E P TIO N N o. 2 2 6 4 37)SLOPE MAINTENANCE, DRAINAGE AND
SNOW STORAGE EASEMENT
(RECEPTION No. 226437)
N 49°37'22"E - 114.02'S89°54'56"E - 210.69'S30°46'55"E - 100.81
'
LOT 22
0.57 ACRES
ADDRESS: 2177 SADDLE RIDGE LOOP
LOT 21B
LOT 23
LOT 25A
LOT 24B
LOT 22B
12039.0 S.F.
LOT 22A
12877.7 S.F.
8180
8190
8200
8
2
0
0
8190
8180
84
96
92
96
92
90
94
92
92'6
90
88
86
84
88
86
94
95
90
92
90
92
8894
94
92
88
84'
90
86
84
82
78
78
78
92
7
'-6
"10
'-0"10'-0"10'-0"7'-6"10'-0"approx.
20'-53_
8"23'-0"
25'-8"
23'-0"
VIEWS
BEAVER CREEKMOUNTAINGAME CREEK BOWLRED AND WHIMOUNTAIN1 inch = 10 ft.
( IN FEET )
5
GRAPHIC SCALE
0 10 20
4"
4"
1 0"
4"
4"
CTV
P
(SEE DETAIL)
VIEWPOINT
T.O. WALL
B.O. WALL
2'-0"8180'
8182'
G
U
E
ST PARKIN
G
95' 9 BETWEEN DRIVE WAY CURB CUTS
SURFACE DRAINAGE TO DITCH28' - 4"27' - 0"
ROUGHLT 55 FEET BETWEEN BUILDINGS
T.O. WALLB.O. WALL
3'-6"
8188' 8184' 6
T.O. WALL
B.O. WALL
3'-0"8183'
8186'VI
EW LI
NE DI
STANCE AROUND CORNER I
S 165 FEET
(TO SOUTH
)
SERVICEBERRY SHRUBS IN THIS AREA ARE TO BE REMOVED TO MAINTAIN SIGHT LINE TO DRIVE
LOT 23 OWNER HAS AGREED TO REMOVE
1 SERVICE BERRY SHRUB (LOCATED
HERE) TO CREATE CLEAR SIGHT LINE TO
DRIVE ENTRANCE (granted 11-20-18)
GRADE IN
THIS AREA
IS LOWERED
TO IMPROVE SIGHT LINE TO DRIVEPROPOSED PROPERTY LINE
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE
view path to Game Creek Bowl3200 S.F. OF PROPOSED NON DEVELOPEMENT AREA(MAY HAVE LIMITED DISTURBING TO CONNECT TO UTILIES)
44' - 1"
67' - 8"50' - 5"65' - 5 1/2"
65' - 5 1/2"
appox
3'-0".
5 0 ' - 5 "3' - 0"
Total Lot 22
Area: 24916.63 s.f.
Area of no disturbance/natural: 3200 s.f. (undisturbed at back of lot and under south neighbor’s trees)
Lot 22A Lot 22B
Area:12877.7 s.f.Area:12038.5 s.f.
Area of no disturb: 2350 s.f.Area of no disturb: 850 s.f.
Area of no disturbance on lot= 10527.7 s.f.Area of no disturbance on lot= 11188.5 s.f.Area within envelope: 3300 s.f.Area within envelope: 3300 s.f.970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:16 PMA1.1.2SITE PLAN OPTION 218512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1/8" = 1'-0"1 A0.0 SITE PLAN 2 CURB CUTS
ATTACHMENT 2.A
G
U
E
ST PARKIN
G
95' 9 BETWEEN DRIVE WAY CURB CUTS
SURFACE DRAINAGE TO DITCH28' - 4"27' - 0"
ROUGHLT 56 FEET BETWEEN BUILDINGS
44' - 5"VIEW LINE DISTANCE AROUND CORNER IS 165 FEET (TO SOUTH )SERVICEBERRY SHRUBS IN THIS AREA ARE TO BE REMOVED TO
MAINTAIN SIGHT LINE TO DRIVE
APPROVAL FROM LOT 23 OWNER TO REMOVE 1 SERRVICE BERRY SHRUB (LOCATED HERE)
TO CREATE CLEAR
SIGHT LINE TO DRIVE
ENTRANCE WAS
GRANTED
GRADE IN THIS AREA IS LOWERED TO IMPROVE SIGHT LINE TO DRIVE
50' - 6 1/4"
PROPOSED PROPERTY LINE
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE 970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:22 PMA1.1.3GOOGLE EARTH18512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1 A0.0 SITE PLAN GOOGLE EARTH VIEW
ATTACHMENT 2.A
ADJACENT HOME CORNER (20' FROM THIS PROPERTY LINE 970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:22 PMA1.1.4GOOGLE WITH DUPLEX18512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1
A0.0 SITE PLAN GOOGLE EARTH with
duplex
ATTACHMENT 2.A
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE
2 5 ' - 0 ".2 5 ' - 0 "5 0 ' - 0 "45' - 8"
34' - 6 3/16"VIEW TO RED AND WHITEVIEW TO GAME CREEK
8196'elev at corner 8192'6"elev at proposed8194'elev at duplex
hatched area shows proposed non-disturb zoneLetter of supportL e tte r o f s u p p o rt970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:22 PMA1.1.5GOGGLE with both duplex and SFR18512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1
A0.0 SITE PLAN GOOGLE EARTH withduplex AND SINGLE FAMILY OVERLAY
ATTACHMENT 2.A
1
Jeff
From:Brandt Marott <Brandt@m6affiliated.com>
Sent:Tuesday, November 13, 2018 11:27 AM
To:Jeff Manley; Dave Dantas
Subject:Fwd: Site Plan for Wildridge Lot 22
FYI
Brandt Marott
Direct: 970.331.3164
Begin forwarded message:
From: Jim Horan <DeltaRetired@comcast.net>
Date: November 13, 2018 at 10:48:19 AM MST
To: Brandt Marrot <Brandt@m6affiliated.com>
Subject: Site Plan for Wildridge Lot 22
To Whom it may concern:
My wife and I live in Lot 21B (2165B Saddle Ridge Loop) and have for over 16 years (Avon for
28 years total).
We have received the site plan for Lot 22 and we are ecstatic that something this nice is planned
next door to us. There is nothing we see that would prevent us from giving Mr. Brandt Marrot &
MartinManley Architects our 100% approval.
Any further questions can be directed to my email or cell.
Sincerely,
Jim & “Sam”
Jim Horan & Diane “Sam” Sampson
P.O. Box 7480
2165B Saddle Ridge Loop
Avon, CO 81620
970-845-7922 (H)
970-376-1378 (C)
ATTACHMENT 2.B
1
Jeff
From:Matt Asmus <matt@Asmusasmus.com>
Sent:Tuesday, November 20, 2018 9:34 PM
To:Brandt Marott
Cc:Jeff
Subject:Re: 2177 Saddle Ridge Loop
Please consider this approval to remove the service berry bush in question.
I don't have a way to draft a letter other than in email on my cell phone until I return to Houston.
Matt
-------- Original message --------
From: Brandt Marott <Brandt@m6affiliated.com>
Date: 11/20/18 8:12 PM (GMT-07:00)
To: Matt Asmus <matt@Asmusasmus.com>
Cc: Jeff <jeff@martinmanleyarchitects.com>
Subject: 2177 Saddle Ridge Loop
Hi Matt
Thanks again for meeting me today; I appreciated your time and the opportunity to get acquainted.
Please see attached drawings we submitted to the Town of Avon. When you have a chance I would greatly
appreciate the following:
1. Letter of support for the project to be sent on 11/21/18 so we can provide to the Town.
a. Attaching Jim’s letter of support.
2. Email confirmation that I may remove the service berry bush adjacent to the transformer on your
property.
ATTACHMENT 2.B
2
· Also copying Jeff who can certainly help you on your lot next door. His contact is below.
Jeffrey P Manley AIA
Martin Manley Architects
970-328-1299 (direct)
970-688-0326 (cell)
www.martinmanleyarchitects.com
Thank you,
Brandt Marott
M6 Affiliated, Inc.
Cell: 970.331.3164
Brandt@M6Affiliated.com
ASMUS Matthew and Charlotte
8707 Crescent Gate Lane
Houston, Texas 77024
(713) 540-3000
November 27, 2018
To Whom It May Concern,
My wife Charlotte and I have owned our home located at 2185 Saddle Ridge Loop, Avon,
Colorado, for 11 years.
We have received and reviewed the site plan for Lot 22 and we give our full support to Mr.
Brandt Marrot & Martin Manley Architects on the project they have planned next door.
Should you have any questions, please feel free to contact me on my cell at (713) 540-3000.
Warm regards,
Matt Asmus
ATTACHMENT 2.B
From: becky@mroveralls.com <becky@mroveralls.com>
Sent: Tuesday, December 04, 2018 2:22 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: PUD Amendment Lot 22 Block 1 Wildridge
Matt -
Unfortunately, I just received the notice of the public hearing for PUD amendment Lot 22
Block 1 Wildridge, 2177 Saddle Ridge Loop today due to the notice being sent to an
incorrect address.
Due to this error, I do not believe that I received sufficent notice of the hearing and amble time to be able to provide public comment in pursuant to provisions of 7.16.020(d) of the
Avon Development Code.
In addition to not being notified appropriately, I have several misgivings about the PUD
Amendment:
1. Concerns of having a footprint of 2 single family homes on 1 lot - leaving less open space for wildlife movement.
2. Cost - Avon has stated that workforce housing is a priority. However, we know that
building 2 single family homes instead of a duplex will increase the purchase cost of each
home without increasing capacity. This only benefits the developer and not the home buyer
or our workforce. This strategy is not consistent with the Avon Community Housing Plan.
I would appreciate confirmation of the receipt of my email. Sincerely,
Rebecca Larson
2120 Long Spur
ATTACHMENT 2.B
Avon City Council
Municipal Building
One Lake Street
Avon, CO 81620
Dear Council Members
My wife, Netty, and our daughters, Abby and Maddie, and myself
have been coming to the Vail Valley for many years to enjoy the
mountains, the skiing and all the beauty of this region. Our hope was
to one day own a home and retire here. My wife and I are in our 60’s,
have worked hard, saved and two years ago we were able to realize our
dream. We purchased a home at 2110 Long Spur in Wildridge. Our
home has a beautiful view and delightful neighbors.
To the east of us is a vacant lot located at 2177 Saddle Ridge Loop.
While we knew that someday that lot would be sold and a home built
on it, we hoped that with the existing development code that we would
still have a view, albeit perhaps a bit different. As we understand that
day is upon us. The lot has been sold and plans are being made to
begin building. Our concern is not with building a home but instead
with the request for an exception to the existing ordinances. Like my
wife and I, Mr Manley knew of the existing ordinances when he
entered into an agreement to by the lot. The only reason to put 2
homes on this lot rather than following the existing code is for the
financial gain of the purchaser. When these dwellings sell he will be
ATTACHMENT 2.B
gone and the rest of us will be left to suffer the consequences for years
to come.
As we all know, the view is an important component of not only
why we live in this area but also in computing the market value of our
homes. We paid a premium for this view and to compromise it for the
benefit of an “outside developer” who not only does not live in the area
but whose primary motive is personal financial gain is a difficult pill to
swallow.
Those of us who live next to this lot are the stable long term tax
paying members of the neighborhood. As such, my wife, daughters and
I ask that you deny the request for an amendment.
Sincerely
Thomas, Annette, Abigail and Madelyn Noonan
ATTACHMENT 2.B
Sent: Monday, December 10, 2018 4:13 PM
To: Matt Pielsticker <mpielsticker@avon.org>; Larry Bennett <LSBgeol@aol.com>; Tom Noonan
<noona004@umn.edu>
Subject: re-zoning a duplex property at 2177 Saddle Ridge Loop
Dear Mr. Pielsticker,
I am sure that you are very busy so I decided to send a note instead of calling you.
There is an application to amend the Wildridge PUD at 2177 Saddle Ridge Loop to allow the property to
have two single family houses, instead of the currently allowed duplex zoning.
We three homeowners, who are directly affected by this change, are adamantly opposed to the change.
I have to be honest with you.
I can’t live with a cement wall outside my kitchen window and my living room window. We will be forced
to sell our house.
Mr. Noonan’s family and Joe and Laila’s family are faced with the same situation. These are our only
two windows to the outside world.
Larry Bennett and I would like to meet with you for 15 minutes on December 13 or 14 to discuss our
concerns. Is that possible?
Some of our concerns are:
We are unclear if this is a re-zoning application. Can the builder re-zone, just like that? Mr. Manley did
not draw up plans for a duplex, so he must think that he can. We already live here. Do we three
homeowners have the right to say no?
There are no other single family three story homes built on duplex lots near us. If you approve this
application, wouldn’t other builders ask for the same amendment so they could make more money?
I took pictures of Saddle Ridge Loop at the blind curve right where Mr. Manley wants to put a driveway.
The cars coming down the hill on Saddle Ridge Loop would never see cars exiting the new driveway. I
want to show you the pictures. Also, I took pictures of the lot from the street. It will show you how small
the lot size is and how close to our three properties the two three story buildings would be.
We all know that this situation is about financial gain for the builder and homeowner. It does nothing for
the character of the community.
Thank you for your time, Mr. Pielsticker.
I will wait to hear back from you.
Sincerely,
Larry Bennett
Linda Billera
2110 Long Spur, Avon
720-363-0990
ATTACHMENT 2.B
Members of the Avon Town Council
Members of the Planning and Zoning Commission
Re: Proposed amendment regarding Lot 22 Block 1 Wildridge Subdivision, 2177 Saddle Ridge
Loop
Dear Officials
As a neighbor affected by the proposed PUD amendment, my wife and I and our family
would like to voice concern.
Being good neighbors and members of a neighborhood has many benefits but it also
carries responsibilities. One of those responsibilities is being respectful of those who live
around us. Decisions made by one member often impact many others and need to be taken
into consideration.
The proposed amendment to the building ordinance to allow 2 homes on this lot rather
than a duplex or single family home is a classic example of putting the financial gain and desires
of one new member above the well being and good of those already living in the this area. The
proposal to build 2 large 3 story homes with an additional drive not only poses a safety risk to
traffic coming around a sharp turn on Saddle ridge loop but also pushes set back requirements
to neighboring properties as well as height limitations to the limit. This affects the views and
livability of the existing homes. Clearly the goal is to maximize financial gain and offset costs
that the purchaser will incur. All of this is done at our expense, the existing families who
already live adjacent to this lot. The purchaser was well aware of the ordinances when he
entered into a purchase agreement. To now ask for a variance to the code at the expense of
the remaining neighbors is unreasonable. It serves to only create ill will in an otherwise
collegial group of families.
We all recognize the right to build on this lot. The existing ordinance was put in place to
address the very concerns that I and my neighbors are bringing up. The rest of the
neighborhood complied with the ordinance so why should this individual be any different?
In conclusion, my family and I ask for fairness on the part of the council and ask that the
variance to build 2, 3 story homes be denied. Wouldn’t a better alternative be to build a home
or duplex that not only complies with the ordinance but also takes into consideration the affect
it has on other members of the neighborhood?
Respectfully
The Thomas Noonan Family
Tom Netty Abby and Maddie
ATTACHMENT 2.B
From: Nancy Williams <nancyjoneswilliams@gmail.com>
Sent: Monday, December 17, 2018 3:28 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Cc: Randy E. Williams <RWilliams@orgill.com>; 4kids4us@bellsouth.net
Subject: Re-zoning of duplex lot at 2177 Saddle Ridge Loop
Good afternoon, Mr. Pielsticker,
We are Nancy and Randy Williams, the new homeowners (August 2018) of the duplex home at 2200
Saddle Ridge Loop. Since we are not able to attend the Town of Avon meetings because we currently
reside in Memphis, TN, we want to voice our concerns and let you know that we OPPOSE the zoning
change to amend the Wildridge PUD at 2177 Saddle Ridge Loop to allow for two single family homes,
instead of the current duplex zoning.
Although the documentation from Martin Manley Architects (Attachment A-1, #4) lists homes
adjacent/bounding the property, for some reason our parcel is not listed. However, we certainly are
adjacent and have a stake in the overall aesthetics and effect on property values in the neighborhood.
Our first concern is the overall change to two single family, three-story homes on a lot designed for a
duplex. We have looked at the plans and are not convinced these single family homes will be of like kind
and QUALITY of our home and those of our neighbors.
Our second concern is one we've seen in Memphis. Many lots can be re-zoned and infilled using well
made plans on paper; however, they end up with tight driveways, blind driveways, and eyesore utilities.
Further, they are generally smaller in size to accomodate the lot. We noticed both homes proposed for
2177 Saddle Ridge Loop are projected at 2600-2800 sq. ft. Our home, and 38% of the adjacent homes,
are over 3000 sq. ft. This puts us at a disadvantage when we go to sell our larger-than-the-
neighborhood homes.
Lastly, our duplex enjoy views from the north, south, and east because our home was designed and built
to maximize its hilltop location. It was this hilltop location that attracted us to the town of Avon. We
could have chosen Edwards, Vail, or Aspen for our second home. Changing the zoning to allow for two,
three-story structures instead of a two-story structure, would take away a third of our original views.
We hope you'll consider our concerns and pass them along at the next Town of Avon meeting. It is our
recommendation that the re-zoning WOULD NOT be allowed.
Thank you for your time and attention, please feel free to contact either of us on our cell phones.
Regards,
Nancy and Randy Williams
2200 Saddle Ridge Loop
(901) 603-2658 Nancy
(901) 628-8762 Randy
ATTACHMENT 2.B
From: Juno <bovac@juno.com>
Sent: Tuesday, December 18, 2018 5:11 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: Re-Zone
We live at 2120 longspur since 1996 and the vacant lot at 2177 Saddle RidgeLoop Is to the east and
adjacent to our property. The property is currently zoned for a duplex unit and there is an application to
amend the Wildridge PDU to allow 2 single-family homes.
Only view will be significantly affected by 2 three story homes that could at the 35 foot height limit the
same as one duplex.
The market value of our home will be lower because of reduced view.
The photos we were shown indicate the one of the proposed driveway would be on the blind curve. We
live here full-time and I have had many near misses with on coming traffic. A better solution would be to
locate the entrance to the lot to be at the downhill end.
My wife Leila and I that you deny the request for the application to amend the Wildridge PDU.
Thank you
P Joseph and Leila Bovaconti
970-748-1484 (h)
____________________________________________________________
Woody Broke Your State Laws... Then Did This protopowers.com
http://thirdpartyoffers.juno.com/TGL3141/5c198ca19b176ca021d5st02duc
ATTACHMENT 2.B
From: billbittorf@aol.com [mailto:billbittorf@aol.com]
Sent: Wednesday, January 2, 2019 7:28 AM
To: jeff@martinmanleyarchitects.com
Cc: Brandt@m6affiliated.com
Subject: 2177 Saddle Ridge Loop Letter of Support
Dear Council Members:
My wife and I have lived in Wildridge for the past six years (2040 Wildridge Road - A2) and often walk by
the property in the mornings and evenings.
We have received the site plan for Lot 22 and are excited to see two nice single family homes being
designed. We believe this will effectively complete the neighborhood as one of the last vacant lots on
Saddle Ridge Loop. We are impressed to see the design will be Mountain Modern and employ the latest
building techniques. We are in support of giving Brandt Marott & Martin Manley Architects our approval.
Please let us know if there are any further questions as we will be out of town to participate in the
upcoming Town Council meetings.
Sincerely,
Bill and Sara Bittorf
305.986.2410
ATTACHMENT 2.B
Happy New Year David,
I left a voice mail for Rebecca Larson about her second letter. She is out of town. I told her to email it to
you.
Can I add these pictures to the council meeting? I also have physical copies.
Do you know what time the meeting will be on January 8th?
Can you think of anything else that we five neighbors can do to keep the lot from being re-zoned?
Thank you for your time, David.
Larry Bennett and Linda Billera
CTV PEDESTAL
TELEPHONE
PEDESTAL
ELECTRIC
TRANSFORMER
FLOWLINE OF
18" C.M.P. 8173.9
8187.6
8176.3
EDGE OF GRAVEL
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 5447
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 5447
BUILDING
SETBACK
BUILDING
SETBACK
BUILDING
SETBACK
UTILITY AND DRAINAGE EASEMENT
(RECEPTION No. 226437)UTI
LI
TY AND DRAI
NAGE EASEMENT(RECEPTI
ON No. 226437)
U TILITY A N D D R A IN A GE EA S EM E N T(R EC E P TIO N N o. 2 2 6 4 37)SLOPE MAINTENANCE, DRAINAGE AND
SNOW STORAGE EASEMENT
(RECEPTION No. 226437)
N 49°37'22"E - 114.02'S89°54'56"E - 210.69'S30°46'55"E - 100.81
'
LOT 22
0.57 ACRES
ADDRESS: 2177 SADDLE RIDGE LOOP
LOT 21B
LOT 23
LOT 25A
LOT 24B
LOT 22B
12039.0 S.F.
LOT 22A
12877.7 S.F.
8180
8190
8200
8
2
0
0
8190
8180
84
96
92
96
92
90
94
92
92'6
90
88
86
84
88
86
94
95
90
92
90
92
8894
94
92
88
84'
90
86
84
82
78
78
78
92
7
'-6
"10
'-0"10'-0"10'-0"7'-6"10'-0"approx.
20'-53_
8"23'-0"
25'-8"
23'-0"
VIEWS
BEAVER CREEKMOUNTAINGAME CREEK BOWLRED AND WHIMOUNTAIN1 inch = 10 ft.
( IN FEET )
5
GRAPHIC SCALE
0 10 20
4"
4"
1 0"
4"
4"
C TV
P
(SEE DETAIL)
VIEWPOINT
T.O. WALL
B.O. WALL
2'-0"8180'
8182'
G
U
E
ST PARKIN
G
95' 9 BETWEEN DRIVE WAY CURB CUTS
SURFACE DRAINAGE TO DITCH28' - 4"27' - 0"
ROUGHLT 55 FEET BETWEEN BUILDINGS
T.O. WALLB.O. WALL
3'-6"
8188' 8184' 6
T.O. WALL
B.O. WALL
3'-0"8183'
8186'VI
EW LI
NE DI
STANCE AROUND CORNER I
S 165 FEET
(TO SOUTH
)
SERVICEBERRY SHRUBS IN THIS AREA ARE TO BE REMOVED TO MAINTAIN SIGHT LINE TO DRIVE
LOT 23 OWNER HAS AGREED TO REMOVE
1 SERVICE BERRY SHRUB (LOCATED
HERE) TO CREATE CLEAR SIGHT LINE TO
DRIVE ENTRANCE (granted 11-20-18)
GRADE IN
THIS AREA
IS LOWERED
TO IMPROVE SIGHT LINE TO DRIVEPROPOSED PROPERTY LINE
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE
view path to Game Creek Bowl3200 S.F. OF PROPOSED NON DEVELOPEMENT AREA(MAY HAVE LIMITED DISTURBING TO CONNECT TO UTILIES)
44' - 1"
67' - 8"50' - 5"65' - 5 1/2"
65' - 5 1/2"
appox
3'-0".
5 0 ' - 5 "3' - 0"
Total Lot 22
Area: 24916.63 s.f.
Area of no disturbance/natural: 3200 s.f. (undisturbed at back of lot and under south neighbor’s trees)
Lot 22A Lot 22B
Area:12877.7 s.f.Area:12038.5 s.f.
Area of no disturb: 2350 s.f.Area of no disturb: 850 s.f.
Area of no disturbance on lot= 10527.7 s.f.Area of no disturbance on lot= 11188.5 s.f.Area within envelope: 3300 s.f.Area within envelope: 3300 s.f.970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:16 PMA1.1.2SITE PLAN OPTION 218512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1/8" = 1'-0"1 A0.0 SITE PLAN 2 CURB CUTS
ATTACHMENT 2.C
G
U
E
ST PARKIN
G
95' 9 BETWEEN DRIVE WAY CURB CUTS
SURFACE DRAINAGE TO DITCH28' - 4"27' - 0"
ROUGHLT 56 FEET BETWEEN BUILDINGS
44' - 5"VIEW LINE DISTANCE AROUND CORNER IS 165 FEET (TO SOUTH )SERVICEBERRY SHRUBS IN THIS AREA ARE TO BE REMOVED TO
MAINTAIN SIGHT LINE TO DRIVE
APPROVAL FROM LOT 23 OWNER TO REMOVE 1 SERRVICE BERRY SHRUB (LOCATED HERE)
TO CREATE CLEAR
SIGHT LINE TO DRIVE
ENTRANCE WAS
GRANTED
GRADE IN THIS AREA IS LOWERED TO IMPROVE SIGHT LINE TO DRIVE
50' - 6 1/4"
PROPOSED PROPERTY LINE
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE 970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:22 PMA1.1.3GOOGLE EARTH18512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1 A0.0 SITE PLAN GOOGLE EARTH VIEW
ATTACHMENT 2.C
ADJACENT HOME CORNER (20' FROM THIS PROPERTY LINE 970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:22 PMA1.1.4GOOGLE WITH DUPLEX18512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1
A0.0 SITE PLAN GOOGLE EARTH with
duplex
ATTACHMENT 2.C
ADJACENT HOME CORNER
(20' FROM THIS PROPERTY LINE
2 5 ' - 0 ".2 5 ' - 0 "5 0 ' - 0 "45' - 8"
34' - 6 3/16"VIEW TO RED AND WHITEVIEW TO GAME CREEK
8196'elev at corner 8192'6"elev at proposed8194'elev at duplex
hatched area shows proposed non-disturb zoneLetter of supportL e tte r o f s u p p o rt970.328.5151 OFFICEPO Box 1587, Eagle, CO 81631www.martinmanleyarchitects.comProject numberDateREVISIONSNOT FOR CONSTRUCTION11/30/2018 12:29:22 PMA1.1.5GOGGLE with both duplex and SFR18512177 Saddle Ridge LoopLOT SPLIT SET11-28-18Single Family Residences atWildridge SubdivisionLot 22, Avon CO 81620No.DescriptionDate1" = 20'-0"1
A0.0 SITE PLAN GOOGLE EARTH withduplex AND SINGLE FAMILY OVERLAY
ATTACHMENT 2.C
ATTACHMENT 3
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: January 8, 2019
Agenda Topic: Additional driveway at 2120 Saddleridge Road, Avon
Summary
The applicant has requested a second driveway as part of the PUD Amendment to split the
duplex lot into two single family lots. The second driveway can be allowed if it will be safe
and the primary issue is stopping sight distance. The stopping sight distance is controlled by
the speed limit and road grade and in this instance, it is 158-FT. There are several large
shrubs on the adjacent property that must be cut down; the property owner has agreed to
cut down the shrubs and therefore the second driveway will be found satisfactory.
ATTACHMENT 4
Hello David,
We do not oppose or approve the driveways at 2177 Saddleridge. They do meet our requirements.
Thanks
Mick Woodworth
Fire Marshal
970 736-5064
970-471-6346 Cell
mwoodworth@eagleriverfire.org
Eagle River Fire Protection District
Ready to Serve
Eagle River Fire Protection District is a professional fire service agency and proudly serves Camp Hale,
Tennessee Pass, Redcliff, Minturn, EagleVail, Avon, Mountain Star, Wildridge, Beaver Creek (Contractual
agreement), Bachelor Gulch, Arrowhead, Homestead, Edwards, Lake Creek, Singletree, Pilgrim Downs,
Cordillera, Bellyache Ridge, Red Sky Ranch and portions of I-70, Hwy 6 & 24.
From: David McWilliams <cmcwilliams@avon.org>
Sent: Wednesday, November 21, 2018 4:27 PM
To: Michael Woodworth <MWoodworth@eagleriverfire.org>
Subject: Driveway proposal in Wildridge
Hi Mick,
Please take a look at the proposed driveway layout and provide any comments by Friday next week.
Thanks,
David McWilliams, AICP Town Planner Town of Avon 970.748.4023 www.avon.org
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Deputy Town Manager
Date: January 8, 2019
Topic: APPOINTMENTS TO BOARDS AND COMMISSIONS
ACTION BEFORE COUNCIL
Council is asked to review, discuss and approve the board, committee, authority and other agency
appointments.
PROPOSED MOTION
“I move to approve the appointments to committees and boards in Attachment A (as presented or with
modifications).”
SUMMARY
Each year the Town Council revisits the appointments to various committees, boards and authorities.
Appointments are made by motion and vote. 2018 appointments are shown in Attachment A.
ATTACHMENT
Attachment A: 2019 Board, Committee, Authority and Other Agency Appointments
AGENCY DESCRIPTION 2019 COUNCIL ASSIGNMENTS
Upper Eagle Regional Water
Authority Town's voting representative on the six member board;
responsible for all elements of delivering potable water to the
Town
Appointment: Primary appointment must be an elected
official. Alternate may be Town Manager (or designee) or
citizen
Primary Representative:
SARAH SMITH HYMES
Alternate:
AMY PHILLIPS
Eagle County Regional
Transportation Authority
& Eagle County Regional Trails
(ECO)
A nine member board of elected officials from the incorporated
towns was established to develop operating policy. This board
has since been reduced to eight members who represent the
towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle
County Government and Beaver Creek. The half-cent county
sales tax is dedicated to funding regional transportation. One-
tenth of this tax goes toward funding the regional trails system.
Town's voting representative on Eagle County's Transit & Trails
Advisory Board.
Appointment: Elected or staff
Primary Representative:
AMY PHILLIPS
Alternate:
SARAH SMITH HYMES
Eaglebend, Kayak Crossing &
Buffalo Ridge Housing Corporations
The management of the Corporation is accomplished through a
Board of Directors (the "Board") which oversees administration,
operations and maintenance of the Project. The board consists of
5 directors. The property is being managed by Polar Star
Properties under an agreement with the Corporation. The
present members of the Board are Gerald E. Flynn, Jeffery M.
Spanel, Craig Ferraro and Megan Burch.
Appointment: Elected or Appointed
Town Council also must approve other board member
appointments when a vacancy occurs.
Board Member:
--------------------------
Alternate Board Member:
SARAH SMITH HYMES
ATTACHMENT A
TOWN OF AVON
2019 BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS
January 8, 2019
1/8/2019
Page 1
AGENCY DESCRIPTION 2019 COUNCIL ASSIGNMENTS
Northwest Colorado Council of
Govenments (NWCCOG)
The Town is a member of the NWCCOG, a voluntary association
of county and municipal governments in a 5-county region in
northwest Colorado. The NWCCOG Council, made up of
representatives from each member jurisdiction, directs the
activities of NWCCOG. The NWCCOG staff is responsible for
carrying out the Council’s direction.The purpose of the NWCCOG
is to be responsive to members’ needs and interests by
providing guidance and assistance in problem solving,
information sharing and partnership building, advocating
members’ interests and needs with local, state and federal
entities, and providing quality services to our membership that
are relevant, effective, and efficient.
Appointment: Elected or staff
Board Member:
JENNIE FANCHER
Alternate Board Member:
SARAH SMITH HYMES
Climate Action Collaborative The Town is a member of the Climate Action Collaborative and is
one of about 30 local businesses, organizations, nonprofits and
governments trying to address climate change by meeting the
goals established in the Climate Action Plan for the Eagle County
Community. The Climate Action Collaborative’s goal is to reduce
carbon emissions 25% by 2025 and 80% by 2050.
Appointment: Elected or staff
Primary Representative:
SARAH SMITH HYMES
Colorado Communities for Climate
Action (CC4CA)
CC4CA is a coalition of local governments across the state that
advocates for state and federal policies to protect Colorado’s
climate for current and future generations. CC4CA is governed
by a steering committee of representatives from member
communities. Unanimous consent among members is required to
set the coalition’s policy priorities.
Appointment: Elected or staff
Primary Representative:
--------------------------
Public Access TV: High Five Access
Media
Voting representative on the Board of the nonprofit organization
that manages non commercial public, educational and
governmental programming; receives Town's PEG fees from
COMCAST
Appointment: Elected
Board Member:
AMY PHILLIPS
Alternate Board Member:
JAKE WOLF
1/8/2019
Page 2
AGENCY DESCRIPTION 2019 COUNCIL ASSIGNMENTS
Colorado Municipal League Policy
Committee
The CML Policy Committee is a standing committee that
develops the League's legislative program. The membership is
composed of representatives from each member municipality,
CML sections, and district presidents.
Voting representative on policy matters before the State
Legislature
Appointment: Elected or Town Manager
Primary Representative:
---------------------------
Alternate:
JAKE WOLF
Colorado Association of Ski Towns CAST members use the power of the coalition to seek support for
legislation that will benefit and sustain the mountain
communities. We support actions that keep our communities
livable, protect our pristine environment, and promote
community-based land use, mass transit, affordable housing,
and sustainable tourism. Our goal is to foster growth that will
ensure an exceptional quality of life for citizens and a positive
experience for visitors
Voting representative on ski town consortium
Appointment: Elected, if desired
Town Manager regulary attends; non-voting if an Elected
Official is appointed
Primary Elected Representative:
JENNIE FANCHER
Alternate:
Varies by Interest and Availability
I-70 Coalition Voting representative from towns & counties along the I-70
corridor working to reduce I-70 vehicular congestion and
improve safety. Also continues to evaluate proposed magnetic
train(Guideway System)
Appointment: Elected or Town Manager
Appointment:
---------------------
VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private
partnership that provides the funding to make the Eagle County
Regional Airport (EGE) a vital part of the Eagle County economy
with a vibrant flight service program. Formed in 2002, the EGE
Air Alliance partnership includes government entities and private
business stakeholders in local towns within Eagle County.
Serves as representative to discuss regional airport topics of
concern.
Appointment: Elected or Town Manager
Board Member:
AMY PHILLIPS
Alternate:
-----------------------
1/8/2019
Page 3
AGENCY DESCRIPTION 2019 COUNCIL ASSIGNMENTS
VVP: 2. Economic Development
Leadership Council serves under
the umbrella of the Vail Valley
Partnership
Vail Valley Economic Development
Advisory Council
Contact Names: Chris Romer
Economic Development Leadership Council: Serves as
representative on the advisory board to the VVP governing
board; assists with regional & local collaboration, research, and
follow through on economic development initiatives.
Vail Valley Economic Development Advisory Council: The
Advisory Council is a resource and sounding board for the
Partnership. The Advisory Council will provide advisement on
issues at hand to ensure that local economic development
activities undertaken by VVED are relevant to the needs of the
business community and remain aligned to the core mission.
Primary Representative: Elected or Appointed
Primary Council Member:
JENNIE FANCHER
Alternate:
SCOTT PRINCE
Vail Valley Mountain Bike
Association
Regional committee focused on achieving IMBA Gold
Designation. VVMB coordinates volunteer trail work, organizes
events, trains volunteer trail construction crew leaders and
contributes its talents, guidance and time to support local land
managers in various soft surface trail initiatives.
Appointment: Elected or Appointed
Primary:
SCOTT PRINCE
Alternate:
---------------------
Eagle County Home Buyer
Assistance Committee ("HBAC")
Tori Franks: Eagle County (328-
8775)
Eagle County Housing &
Development Department
The Eagle County Homebuyers Assistance Committee (HBAC) is
a volunteer committee, who represents public and private
entities throughout the valley. We are an advisory committee, to
the Board of County Commissioners who, working closely with
the Eagle County Housing Department, recommends policies
regarding the Eagle County Home Buyers Assistance Programs
and First Time Home Buyers Education Classes.
Appointment: Elected
Committee Member:
SCOTT PRINCE
Traer Creek Liaisons Join the Town Manager in bi-weekly meetings to stay informed
and updated on development topics
Appointment: Elected or Appointed
Two Appointees:
JENNIE FANCHER
-----------------------
1/8/2019
Page 4
AGENCY DESCRIPTION 2019 COUNCIL ASSIGNMENTS
Hoffmann Commercial Real Estate
Liaisons
Join the Town Manager in bi-weekly meetings to stay informed
and updated on development topics
Appointment: Elected or Appointed
Two Appointees:
JENNIE FANCHER
SARAH SMITH HYMES
1/8/2019
Page 5
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Deputy Town Manager
Date: January 8, 2019
Topic: APPROVAL OF 2019 REGULAR MEETING SCHEDULE
ACTION BEFORE COUNCIL:
Please find attached the proposed regular meeting schedule for 2019, which reflects the second and fourth
Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m., unless Council would
like to discuss and provide direction on a different start time for meetings. The Council meeting schedule
includes the following special considerations for meeting dates:
•Suggested dates to cancel regular meetings include:
1.March 26th – A review of the Eagle County School District’s school calendar reveals that school
spring break falls during the 4th week of March (25th through 29th)
2.November 26th – Thanksgiving break
3.December 24th – Christmas Eve and Christmas break
•Two Council Retreat dates are recommended. The proposed dates are January 30th and June 25th,
with noon start times.
Once the schedule has been approved by Council, the dates will be posted to the Town’s website and four
posting locations.
PROPOSED MOTION:
“I move to approve the 2019 Avon Town Council Meeting Schedule as presented (with or without changes).”
2019 Avon Town Council
Meeting Schedule
2nd and 4th Tuesday unless otherwise noted
DATE NOTES
January 8, 2019
January 22, 2019
January 30, 2019 Council Retreat – Noon to
5:00 p.m.
February 12, 2019
February 26, 2019 Eagle County School District Mid-Winter Break
2/22 – 2/25
March 12, 2019 Eagle County School District Spring Break
3/25 – 3/29
April 9, 2019
April 23, 2019
May 14, 2019
May 28, 2019
June 11, 2019
June 25, 2019 Council Retreat – Noon
Regular Meeting – 5:00 p.m.
July 9, 2019
July 23, 2019
August 13, 2019
August 27, 2019
September 10, 2019
September 24, 2019
October 8, 2019
October 22, 2019
November 12, 2019 Eagle County School District Thanksgiving Break
11/25 – 11/29
December 10, 2019 Eagle County School District Holiday Break
12/23 – 1/3/2020
TOWN COUNCIL REPORT
To:
From:
Date:
Topic:
Honorable Mayor Sarah Smith-Hymes and Avon Town Council
Justin Hildreth, Town Engineer
January 8, 2019
APPROVAL OF RESOLUTION 19-03, APPROVING A TEMPORARY CONSTRUCTION EASEMENT ON LOT
4, NOTTINGHAM STATION, HURD LANE, AVON, CO FOR THE WHITEWATER PARK REPAIR PROJECT
ACTION BEFORE COUNCIL
Resolution 19-03, Approving a Temporary Construction Easement on Lot 4, Nottingham Station,
Hurd Lane, Avon, CO for the Whitewater Park Repair Project. Resolution No. 19-03 is presented for
approval on the Council consent agenda.
PROPOSED MOTION
“I move to approve Resolution No. 19-03, Approving a Temporary Construction Easement on Lot 4,
Nottingham Station, Hurd Lane, Avon, CO.”
DISCUSSION
The Whitewater Repair Project is scheduled to commence in January 2019. Staff was unable to
obtain a Hwy 6 access permit with reasonable conditions from CDOT and approached Canyon Run
Homeowners Association regarding access to the whitewater park through their property. The
Homeowners Association agreed to allow vehicles to cross their property and this easement
agreement provides the legal framework.
STAFF RECOMMENDATION
Approve Resolution No. 19-03 to facilitate implementation of the Whitewater Repair Project in 2019.
ATTACHMENT
Resolution No. 19-03
RESOLUTION NO. 19-03
APPROVING A TEMPORARY CONSTRUCTION EASEMENT ON LOT 4, NOTTINGHAM STATION, HURD LANE, AVON, CO
WHEREAS, the Avon Town Council has determined that the construction of repairs for the
2018 Whitewater Park Repair Project will promote the goals and implement the Avon
Comprehensive Plan to increase recreation opportunities;
WHEREAS, the construction project will require a temporary construction 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 easement and
authorization to negotiate, revise and finalize any temporary construction easement required for the 2018 Whitewater Park Repair Project will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of such Project.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows:
1.The form of the Temporary Construction Easement Agreement which is attached to this
Resolution as Exhibit A are approved and the Mayor and Mayor-Pro Tem are authorized to execute such easements.
2.The Avon Town Council hereby authorizes the Town Manager and Town Attorney to
negotiate, revise and finalize any temporary easements required for the 2018 Whitewater Park
Repair Project.
3.The Mayor and Mayor-Pro Tem are authorized to execute any such revised and/oradditional easements for the Riverfront Trail Connector Project which are reviewed and approved by the Town Attorney and Town Manager.
ADOPTED January 8, 2019 by the AVON TOWN COUNCIL
By:_______________________________ Attest:_________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
Temporary Construction Easement Agreement – Canyon Run
Jan. 2, 2019 Page 1 of 4
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: Canyon Run Homeowners Association,
(“Grantor”), whose address is P.O. Box 100, Edwards, CO 81632, 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 temporary construction
easement, subject to the terms and conditions contained in this Temporary Construction
Easement Agreement (“Easement Agreement”) to establish and maintain site grades and
drainage compatible with the 2018 Whitewater Park Repair Project over and across the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Grantor owns Lot 4, Nottingham Station, Hurd Lane Road, Avon, Colorado (“Property”). Grantor grants to the Town a temporary construction easement on the Property
for the purpose of ingress, egress, storage of construction equipment and constructing the
improvements as described in Exhibit A attached hereto (“Easement”). The term of this
temporary construction easement shall begin on January 14, 2019, and shall expire and be of no
further force or effect on April 1, 2019 (“Term”).
2. Town agrees that it will provide written notice of commencement of construction to
the Grantor at least 7 days prior to commencement of construction. Town shall tender payment
in the amount of Ten Dollars ($10) as the stated monetary consideration above along with
tendering the written notice of commencement of construction. Grantee shall take such steps as to protect the Property and any equipment stored on the Property during Grantee’s use of the
Easement in accordance with this Easement Agreement.
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 default hereunder. This provision shall survive termination of the easement
granted hereunder.
Temporary Construction Easement Agreement – Canyon Run
Jan. 2, 2019 Page 2 of 4
4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Property (excluding fuel and oil
maintained by construction equipment), and that any fill deposited shall not contain any
environmentally hazardous substances.
5. Upon completion of construction of the 2018 Whitewater Park Repair Project, all materials placed by the Town on the Property (including construction materials and debris) will
be removed from the Property, at the Town’s sole cost and expense, and the Property will
promptly be returned to the same condition as existed prior to the Town’s use of the Property,
except as specified in the attached Construction Plans. If the Town fails to return the Property to
the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will
promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the
Property to its prior condition or in establishing grading and drainage on the Property consistent
with the attached Construction Plans. The Town shall promptly repair any damage to existing
utility lines which serve Grantor’s property.
6. The construction documents for the 2018 Whitewater Park Repair Project will include
the Property in the project limits, and the contractor will be required to provide general liability
insurance, covering activity on the Property, consistent with the remainder of the 2018
Whitewater Park Repair Project site, which insurance shall name Canyon Run Homeowners Association as an additional insured. The Town shall deliver the certificate of insurance naming
Canyon Run Homeowners Association as an additional insured prior to its use of the Easement.
7. All notices, requests, demands, and other communications required or permitted to be
given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time
the same is personally delivered with a receipted copy; (ii) 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 (iii) if given by nationally recognized or reputable overnight
delivery service, on the next day after receipted deposit with same.
Grantor: Canyon Run Homeowners Association
c/o Arrowhead Property Management
P.O. Box 100
Edwards, CO 81632
Temporary Construction Easement Agreement – Canyon Run
Jan. 2, 2019 Page 3 of 4
Town of Avon: Town of Avon 100 Mikela Way
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
8. 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.
9. 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.
10. 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. This provision shall survive termination of this Easement.
11. 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 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.
12. 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.
13. 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.
Temporary Construction Easement Agreement – Canyon Run
Jan. 2, 2019 Page 4 of 4
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction 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
___________, 2019, by ___________________________.
Witness my hand and official seal. My commission expires:_________
_________________________
Notary Public
Easement Agreement accepted and approved by the Town of Avon.
By:_______________________________ Date:_____________
Sarah Smith Hymes, Mayor
Attest:_____________________________
Brenda Torres, Deputy Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: January 8, 2019
Agenda Topic:Extension of An Intergovernmental Agreement between the County of Eagle,
State of Colorado and the Town of Avon Regarding the Avon Station ECO
Transit Shelter
ACTION BEFORE COUNCIL
Approve or not approve an Extension of the Intergovernmental Agreement between the
County of Eagle, State of Colorado and the Town of Avon Regarding the Avon Station ECO
Transit Shelter. Approval of this Intergovernmental Agreement requires concurrent vote of
four (4) Council members per Avon Charter 5.5(b). If the IGA is approved, then a project
budget of $75,000 will be included in the next the Capital Projects Fund budget amendment
and along with accompanying revenue from Eagle County.
PROPOSED MOTION
I move to approve a 1-year extension of the Intergovernmental Agreement between the
County of Eagle, State of Colorado and the Town of Avon Regarding the Avon Station ECO
Transit Shelter.
SUMMARY
ECO Transit is requesting to replace its existing transit shelter with a new shelter that will
better accommodate its users. The existing shelter is 6 FT x 10 FT, constructed of a black
metal frame with Plexiglas, and was installed when Avon Station was completed in 2007.
The new shelter will measure 7FT x 14FT and be a custom-built structure designed by a local
architect to meet the higher design standards of the existing Avon shelter and the new
Wyndham development. The shelter design is illustrated in Exhibit A and is highlighted with
a simple shed roof form, metal roofing, windows, wood siding and metal support beams.
The shelter will be in Town of Avon right-of-way adjacent to the ECO Transit bus stops at the
northwest corner of Avon Station, near Lettuce Shed Lane. The Intergovernmental
Agreement (Exhibit B) describes the terms for shelter construction and operation.
Generally, ECO Transit will be responsible for the shelter design, construction costs, and
maintenance. ECO Transit submitted a Minor Design and Development Plan application to
the Town that was approved by the Planning and Zoning Commission at the March 4, 2014
meeting. The Town of Avon will provide the land for the shelter and will manage
Minervini Minor PUD Amendment – Resolution 2016-12
construction of the shelter. The Town will be responsible for providing electricity for the
shelter lights and signage, and maintenance of the area around the shelter including trash
clean-up and snow removal. The agreement is for 25-years and should the Town need to
remove the shelter within the term it will reimburse ECO Transit for the cost of the shelter.
This project was originally scheduled to occur in 2014 but was delayed due to complications
in obtaining a Colorado Department of Transportation grant. The Federal Grant has been
awarded to Eagle County and the shelter must be completed by the end of 2019.
EXHIBITS
A – ECO Transit Shelter Design
B - Intergovernmental Agreement between the County of Eagle, State of Colorado and the
Town of Avon Regarding the Avon Station ECO Transit Shelter
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel:970/328‐3520 fax: 970/328‐3539 eco@eaglecounty.us
EXHIBIT C
EXHIBIT A
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel:970/328‐3520 fax: 970/328‐3539 eco@eaglecounty.us
EXHIBIT A
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
AVON STATION EXHIBIT B
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 11, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:01 p.m. A roll call was taken, and Council members present
were Megan Burch, Amy Phillip, Scott Prince and Sarah Smith Hymes. Councilor Jake Wolf arrived at 5:02
p.m. Councilor Matt Gennett was absent. Also present were Acting Town Manager Scott Wright, Town
Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John
Curutchet, Fleet Director Rego Omergic, Public Works Director Gary Padilla, Deputy Town Manager Preston
Neill and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Start time: 00:25
There were no changes made to the agenda.
3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 01:59
There were no public comments.
4. ACTION ITEMS
Start time: 02:18
4.1. PUBLIC HEARING AND SECOND READING OF ORDINANCE 18‐20, A ENACTING CHAPTER 2.40 – EVENTS
COMMISSION OF TITLE 2 OF THE AVON MUNICIPAL CODE (DEPUTY TOWN MANAGER PRESTON NEILL)
Mayor Fancher opened the public hearing and no comments were made.
Mayor Fancher made a motion to continue the Public Hearing and Second Reading of Ordinance
18‐20 to the February 12th Council meeting and directed staff to schedule a joint work session
with the AHSEC on the subject of special events at one of the January Council meetings. Council
was in agreement that the AHSEC would continue as is for now. Councilor Wolf seconded the
motion and the motion carried on a vote of 5 to 1. Councilor Phillips voted no. Councilor Gennett
was absent.
4.2. CONSENT AGENDA
Start time: 12:20
4.2.1 APPROVAL OF RESOLUTION 18‐27, ADOPTING THE 2018 GROUP TRANSIT ASSET MANAGEMENT PLAN
(MOBILITY DIRECTOR EVA WILSON)
4.2.2 APPROVAL OF MINUTES FROM NOVEMBER 13, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
4.2.3 APPROVAL OF RESOLUTION NO. 18‐30, APPROVING EASEMENTS RELATED TO THE RIVERFRONT TRAIL
CONNECTOR (TOWN ENGINEER JUSTIN HILDRETH)
4.2.4 APPROVAL OF RESOLUTION 18‐31, AUTHORIZING THE ADOPTION OF THE 2018 EAGLE COUNTY, CO
HAZARD MITIGATION PLAN
Councilor Burch moved to approve the Consent Agenda. Councilor Phillips seconded the
motion and it passed unanimously by Council members present. Councilor Gennett was
absent.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 11, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
4.3. PUBLIC HEARING FOR THE ADOPTION OF THE 2018 FINAL REVISED BUDGETS, 2019 OPERATING BUDGET, 2019
CAPITAL PROJECTS FUND BUDGET & LONG‐RANGE CAPITAL PROGRAM (ACTING TOWN MANAGER SCOTT WRIGHT)
Start time: 13:12
4.3.1 RESOLUTION 18‐21, AMEND THE 2018 TOWN OF AVON OPERATING FUNDS BUDGETS
4.3.2 RESOLUTION 18‐22, ADOPT THE 2018 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET
4.3.3 RESOLUTION 18‐23, ADOPT THE 2019 TOWN OF AVON OPERATING FUNDS BUDGET
4.3.4 RESOLUTION 18‐24, ADOPT THE TOWN OF AVON LONG‐RANGE CAPITAL PROGRAM AND
SIMULTANEOUSLY ADOPT THE 2019 CAPITAL PROJECTS FUND BUDGET
Mayor Fancher opened the public hearing and no comments were made. Councilor Burch
made a motion to approve Resolution 18‐22 and 18‐24 to adopt the proposed 2019
Capital Projects Fund budget and amend the 2018 Capital Projects Fund budget and long‐
range plan. Councilor Phillips seconded the motion and the motion carried on a vote of 4
to 2. Councilor Wolf voted no. Councilor Prince voted no as well and asked for the record
to reflect that his no vote stemmed from his disagreement with allocating $80,000 for
"Power Line Undergrounding" in the 2019 Capital Projects Fund. Councilor Gennett was
absent.
Councilor Phillips made a motion to approve Resolution 18‐23 and 18‐21, adopting the
proposed 2019 Town of Avon operating budgets and amending the 2018 operating
budgets. Councilor Prince seconded the motion and the motion passed unanimously by
Council members present. Councilor Gennett was absent.
4.4 . ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE URBAN RENEWAL AUTHORITY
MEETING (MAYOR JENNIE FANCHER)
Start time: 28:30
At 5:30 p.m., Mayor Fancher made a motion to continue the regular meeting in order to call to
order the URA meeting. Councilor Phillips seconded the motion and the motion passed on a vote
of 6 to 0. Councilor Gennett was absent.
4.5. ACTION TO RESUME THE REGULAR MEETING (MAYOR JENNIE FANCHER)
Start time: 33:00
At 5:34 p.m., Council resumed the Regular meeting
4.6. RESOLUTION 18‐25, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2019 BUDGET YEAR
(ACTING TOWN MANAGER SCOTT WRIGHT)
Start time: 33:22
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 11, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 3
4.7. RESOLUTION 18‐26, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO. 1
FOR THE 2019 BUDGET YEAR (ACTING TOWN MANAGER SCOTT WRIGHT)
Councilor Prince moved to approve Resolution 18‐25 and 18‐26 adopting the 2018 Town of
Avon general operating and the Avon General Improvement District No. 1 mill levies. Councilor
Phillips seconded the motion and the motion carried unanimously by Council members present.
Councilor Gennett was absent.
4.8. PROCLAMATIONS IN APPRECIATION OF SERVICE (MAYOR JENNIE FANCHER)
Start time: 34:41
Mayor Fancher read proclamations honoring the service of Councilor Megan Burch and Councilor
Matt Gennett.
4.9. NEW COUNCIL SWEARING IN AND ELECTION OF OFFICER
Start time: 43:02
4.9.1. READING THE NAMES OF NEWLY ELECTED COUNCIL MEMBERS (DEPUTY TOWN CLERK BRENDA TORRES)
Deputy Town Clerk Brenda Torres read the names of newly elected Council members.
4.9.2. SWEARING IN AND SEATING OF NEW COUNCIL MEMBERS (JUDGE BUCK ALLEN)
Judge Buck Allen swore‐in Scott Prince, Sarah Smith Hymes, Tamra Underwood and Chico
Thuon as members of the Avon Town Council.
4.9.3. ELECTION OF MAYOR AND MAYOR PRO TEM
Councilor Fancher nominated Megan Burch to serve as the temporary chairperson.
Councilor Phillips seconded the motion and the motion carried unanimously.
Councilor Fancher nominated Councilor Smith Hymes for the Mayor position. Councilor
Wolf nominated himself for the Mayor position. Councilor Smith Hymes and Councilor Wolf
made remarks about their interest in being Mayor. The result of the vote was 5 votes for
Councilor Smith Hymes and 2 votes for Councilor Wolf.
Mayor Smith Hymes nominated Councilor Phillips for the Mayor Pro Tem position.
Councilor Wolf nominated himself for the Mayor Pro Tem position. Councilor Phillips and
Councilor Wolf made remarks about their interest in being Mayor Pro Tem. The result of
the vote was 5 votes for Councilor Phillips and 2 votes for Councilor Wolf.
5.WRITTEN REPORTS
5.1. HAHNEWALD BARN SPECIAL ELECTION OVERVIEW (ERIC HEIL TOWN ATTORNEY)
5.2. COMMUNITY STAKEHOLDER INVITATIONS FOR TOWN MANAGER FINALIST INTERVIEWS
(HUMAN RESOURCES DIRECTOR LANCE RICHARDS)
5.3. ABSTRACT FROM DECEMBER 4, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 11, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 4
5.4. UPPER EAGLE REGIONAL WATER AUTHORITY NOVEMBER 15, 2018 BOARD MEETING SUMMARY
(MAYOR PRO TEM SMITH HYMES)
5.5. GIFT REPORTING – BIRDS OF PREY VIP TICKETS AND GIFT BAGS (DEPUTY TOWN MANAGER PRESTON NEILL)
5.6. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
6.MAYOR AND COUNCIL COMMENTS
Mayor Smith Hymes recognized Councilor Fancher for her service as Mayor of Avon and thanked her
for her efforts over the last four years.
Mayor Smith Hymes commented on the upcoming Recycling Event on January 5th that will be held in
the old Town Hall parking lot.
Councilor Wolf thanked the Town of Vail for hosting the Neighboring Communities Dinner on
December 5th. He also recognized Avon PD for recently being awarded with the Attorney General's Law
Enforcement Agency of Excellence Award.
Councilor Thuon asked for a moment of silence for the longtime nurse of Avon Elementary School who
recently passed away.
7.ADJOURNMENT
There being no further business to come before the Council, Councilor Wolf moved to adjourn the regular
meeting. The time was 6:30 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.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 11, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 5
RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra Underwood ________________________________
TOWN OF AVON, COLORADO
AVON SPECIAL MEETING MINUTES FOR TUESDAY, DECEMBER 18, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Smith Hymes called the meeting to order at 11:03 a.m. A roll call was taken, and Council members
present were Amy Phillips, Scott Prince, Chico Thuon, Tamra Underwood and Jennie Fancher. Jake Wolf was
absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Human Resources
Director Lance Richards, Deputy Town Manager Preston Neill, Pam Warren and Chris Romer.
2. APPROVAL OF AGENDA
No changes were made to the agenda.
3. PUBLIC COMMENT
No public comments were made
4. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S §14-
6-402 (2)(E) CONCERNING TOWN MANAGER CANDIDATES
Mayor Smith Hymes made a motion to move into executive session for the purpose of determining
positions relative to matters that may be subject to negotiations, developing strategy for negotiations,
and/or instructing negotiators, under C.R.S §14-6-402 (2)(e) concerning town manager candidates.
Mayor Pro Tem Phillips seconded the motion and it passed unanimously by Council members present.
Councilor Wolf was absent. The time was 11:05 p.m.
Councilor Wolf arrived at 11:07 p.m.
Pam Warren and Chris Romer left the meeting at 12:30 p.m.
Councilor Fancher left the meeting at 12:55 p.m.
Councilor Wolf left the meeting at 12:58 p.m.
Executive Session ended at 1:25 p.m.
5. ADJOURNMENT
There being no further business to come before the Council, Councilor Underwood moved to adjourn the
special meeting. Mayor Pro Tem Phillips seconded the motion and the motion carried on a vote of 5 to 0.
Councilor Fancher and Councilor Wolf were absent. The time was 1:25 p.m.
TOWN OF AVON, COLORADO
AVON SPECIAL MEETING MINUTES FOR TUESDAY, DECEMBER 18, 2018
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
RESPECTFULLY SUBMITTED:
________________________________
Preston Neill, Deputy Town Manager
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra Underwood ________________________________
1 December 18, 2018 PZC Meeting Abstract
Planning & Zoning Commission
Meeting Abstract
Tuesday, December 18, 2018
I. Call to Order – The meeting was called to order at 5:00 pm.
II. Roll Call – All commissioners were present.
III. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda.
IV. Conflicts of Interest – Commissioner Glaner recused himself from item V.
V. Wildridge Lot Split PUD Amendment – CONTINUED PUBLIC HEARING
File: PUD18006
Applicant: Jeff Manley, Martin Manley Architects
Property: Lot 22, Block 1, Wildridge Subdivision / 2177 Saddle Ridge Loop
Owner: 2177 Saddle Ridge Loop LLC, Brandt Marott
Summary: Zoning amendment to permit two single-family detached structures in place of one
duplex structure, and two driveways instead of one.
Public Comment: Larry Bennett, Linda Billera, Joe Bova Conti, and Becky Larson commented on the
item.
Action: Commissioner Howell Motioned to recommend the application to Town Council with
the following Findings and Conditions:
Findings:
1. The application meets the eligibility requirements for a Minor PUD Amendment by
not increasing density, increasing the amount of nonresidential land use, or
significantly altering any approved building scale and mass of the development;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that
the application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive
Plan;
5. The PUD Amendment does not change the character of the development and
maintains the intent and integrity of the PUD with two residential dwelling units on
the Property;
6. The PUD Amendment promotes the public health, safety and welfare over that of the
existing development rights for a duplex because the Applicant is imposing stricter
standards than the existing development standards;
7. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and
compared to the underlying zoning, the Minor PUD Amendment is not likely to result
in significant adverse impacts upon the natural environment or neighboring
properties; and
8. By continuing the December 4, 2018 public hearing and re-noticing the following
public meeting schedule, substantial compliance with the notice requirements of
§7.16.020(d)(4), General procedures and requirements, was met.
Conditions:
1. Storm water drainage easements between property lines shall be demonstrated at
subdivision;
2 December 18, 2018 PZC Meeting Abstract
2. A plat amendment defining the neighboring landscape easement shall be recorded at
subdivision;
3. The driveway proposal requires documentation of review by the Town Engineer and
the Fire Department; and
4. At replatting, a plat amendment note shall include a building footprint not to exceed
1900 square feet and a building envelope not to exceed 3300 square feet on each lot.
Commissioner Dammeyer seconded the motion and the motion carried 4-2.
VI. Work Session - Code Text Amendments
Summary: The following code amendment were discussed: Alternative Equivalent Compliance;
Inclusionary Zoning; Development Bonus; and Short-term Rentals.
VII. Consent Agenda
A – December 4, 2018 Meeting Minutes
Action: Commissioner Howell motioned to continue the consent agenda pending corrections
to the labeling of items. Commissioner Hardy seconded the motion and it carried
unanimously 7-0.
VIII. Adjourn
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: December 20, 2018
RE: Summary of Authority’s December 13, 2018, Board Meeting
The following is a summary of items discussed at the December 13, 2018, Authority Board Meeting:
Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, director Mick Woodworth and alternate Bill Simmons.
Introductions It was noted that Siri Roman, wastewater manager, was sitting in for Linn Brooks during the meeting.
Action Items The board approved a vacation of easement at the Edwards Medical Center, the 2019 meeting place and posting location (846 Forest Road in Vail, CO) for Authority
board meetings, and the 2019 Operations Agreement with the Eagle River Water & Sanitation District.
Consolidation
Options
George Gregory discussed a work session of the ERWSD board earlier in the week, during which the board discussed the possibility of consolidation with the Authority.
Discussion ensued regarding possible methods of consolidation, including expansion of the Water Authority; general actions needed for any consolidation; and
the need for a subcommittee of both boards to explore potential issues.
Operations Report Brian Tracy discussed the operations report and noted that Pete Miller, the District’s
raw water operator, had retired after nearly 20 years with the District. Pete will be missed, and current employee Travis Young will fill many of the roles that Pete
served, ensuring a smooth transition.
East Fork Pump
Station Upgrades
Jeff Schneider discussed the arc flash at the East Fork Pump Station in the spring; the incident resulted in needed work at the pump station, and additional safety and
redundancy measures were installed to ensure the station was ready for spring 2019, when pumping normally begins to fill Eagle Park Reservoir.
Eagle River
Community Water
Plan
Diane Johnson discussed upcoming outreach dates for the CWP, tentatively scheduled for Jan. 16 and 17. District staff continues to participate in plan creation,
including community engagement and technical matters.
Colorado Basin
Roundtable Update
Diane Johnson discussed various roundtable updates. The Upper Colorado River
Commission voted to accept the proposed drought contingency planning documents, to which the upper basin states agreed. Discussion ensued, with staff,
board and consultants agreeing that this intermediary measure would not preclude needed renegotiation of the 2007 interim guidelines for lower basin shortages.
Waters of the United
States (WOTUS)
Rollback
Diane Johnson said the Trump administration released an update to the Obama-era WOTUS rule. Many states were concerned that Obama’s WOTUS rule would have
expanded to cover ephemeral streams, not currently regulated by the Clean Water Act. The Trump proposal does not include ephemeral streams and rolls back
protections for perennial waterways currently protected by the CWA.
Legislative Meeting Diane Johnson is coordinating a Dec. 21 meeting with staff and Sen. Dylan
Roberts, who was elected in November after being appointed to the position in Nov.
Summary of Authority’s December 13, 2018, Board Meeting Page 2 of 2
2017 to fill the vacancy left by Diane Mitsch-Bush. Roberts represents constituents
in Eagle County and is the head of the newly minted Rural Affairs committee,
formerly the House Agriculture Committee.
West Vail Pass
Auxiliary Lane Project
Open House
Diane Johnson reminded directors of the open house that evening at Donovan Pavilion at 4:30 p.m. to gather community input on the proposed project. The
project would add auxiliary lanes west of Vail Pass summit in both the east and
westbound directions. There are water quality and environmental concerns with the project, and community input is important to ensure protection of the water in Gore
Creek and downstream.
Traer Creek
Easements
Jim Collins reported that needed easements were finally executed with Traer Creek.
Absolute Diligence
Applications
Glenn Porzak received authorization from the board to file diligence applications to
make absolute water rights associated with the Homestake Reservoir Exchange and Wolford Mountain Exchange. Glenn also reported he filed the absolute/diligence application for the Pando Feeder Canal, a water right important
for filling the Eagle Park Reservoir. The opposition period ends at the end of the month.
WRITTEN REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Eva Wilson, Mobility Director
Meeting Date: Jan 3, 2018
Topic: AVON COMET – HAIL AND RIDE SERVICE PILOT PROGRAM
SUMMARY:
A hail-and-ride pilot service for $15,000 was approved in the 2018 budget. The goal of the pilot program
was to assess the demand for a short loop shuttle service around Avon core. The 6-minute loop service
aimed to encourage people to leave their cars parked once they’re in the Town and use the hail-and-ride
service (Avon Comet) to get around town.
The original plan was to operate Fridays/Saturdays/Sundays from July 3 thru Aug, 11am–6pm. After
three weekends of operations, the Avon Comet was discontinued due to low ridership. In that time, the
Avon Comet provided a total of 146 trips; an average of 2.3 passengers per hour with a cost of $37 per
passenger. Staff and driver assertively approached pedestrians to offer rides, but pedestrians preferred
to walk and enjoy the nice weather.
The plan was revised to assess the demand for a hail-and-ride shuttle service in the winter weather.
Targeting the busy holiday season, the Avon Comet operated daily from Dec 21 to Dec 31, 11am-5pm.
Again, staff and driver assertively approached pedestrians on streets and people at bus shelters to offer
rides. During the holiday period, the Avon Comet provided a total of 410 rides; an average of 6.2
passengers per hour with a cost of $13 per passenger.
Outreach: Vail Daily, Avon webpage, bus shelter flyers, distribution of flyers at the Post Office and City
Market, and In-person visits with hotel and lodging concierge with bulk flyers.
Pilot Program Assessment:
The demand for a hail-and-ride shuttle service was minimal. Most of the trips came from skiers and
people who intended to use the Avon transit system but missed the scheduled routes/buses. With the
low ridership and the resulting high cost per passenger, the demand for a hail-and-ride shuttle service
does not support implementing a hail-and-ride program at this time.