TC Packet 02-28-2023_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, February 28, 2023
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Appointment of Taggart Howard as Municipal Prosecutor (Town Manager Eric Heil)
5.2. Public Hearing: Second Reading Ordinance 23-01 Amending Landscape Regulations (Senior Planner Jena Skinner) 5.3. Resolution 23-01 Approving 2023 Special Events for Administrative Approval (CASE Manager Danita Dempsey)
5.4. Resolution 23-02 Supporting the grant application for the completion of the Eaglebend Pocket Park (Deputy Town Manager Patty McKenny) 5.5. Update to January Appointments to Boards and Commissions (General Government Manager Ineke de Jong and Town Manager Eric Heil) 5.6. Approval of 2022 Audit Engagement Letter with McMahan and Associates, L.L.C., Certified Public Accountants (Finance Director Scott Wright)
5.7. Discussion on Council Support for Colorado Bureau of Land Management Sign-On Letter (General Government Manager Ineke de Jong) 5.8. Work Session: Capital Improvement Plan (Town Engineer Justin Hildreth)
5.9. Large Ticketed Event Opportunity (CASE Manager Danita Dempsey and Town Manager Eric Heil) 5.10. Waiver Conflict of Interest Employment with the Town (Town Manager Eric Heil) 5.11. Public Finance Authority Release - Eaglebend Dowd Affordable Housing Corporation (Town Attorney Karl Hanlon)
6. MINUTES 6.1. Approval of February 14, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Dean Stockdale)
7.2. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 7.3. Bi-monthly Sustainability Updates (Sustainability Coordinator Charlotte Lin) 7.4. Update about Grant Funding Opportunities (Deputy Town Manager Patty McKenny) ** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the
_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
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.
FUTURE AGENDA ITEMS: MARCH 14
• Chiefs Community Partnership Awards for Shop with a Cop
• Flock Safety License Plate Reader defensive net around Town of Avon
• PD Facial recognition approval
• Work Session: E-Bike Rebate Program
• Work Session: Restroom Design (Guidance)
• Resolution 23-XX Adopting Right of Way permit fees.
• Notice of Award for ARTF HVAC Systems Separation Project
• Notice of Award for Nottingham Puder Ditch 2023 Repair Project
• Executive Session MARCH 28
• Presentation: Electric Grid in 2030 (Bryan Hannegan - Holy Cross Energy)
• First Reading Ord 23-XX Building Code Amendments
• Work Session: Fleet conversion to Electric & Hybrid Vehicles
• Housing Workshop
• Title 7 Code Amendments
• Tract Y
• Work Session: SFE Assignments
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager RE: Municipal Town Prosecutor Appointment DATE: February 22, 2023
SUMMARY: The Town Council is asked to take formal action with a motion to appoint Taggart Howard as Avon’s next municipal prosecutor. Council approves hiring any legal counsel under the Home Rule Charter, Chapter X, Legal and Judiciary, Section 10.1 - Town attorney. | Home Rule Charter and Code | Avon, CO
| Municode Library.
BACKGROUND: Avon’s former prosecutor Elizabeth Pierce-Durance left the position last December 2022. The Town has not had a change in the position since 2008. The Town posted the vacancy on the website and received resumes from several interested candidates. Interviews were conducted mid-January with the Town of Vail (Deputy Town Manager and Police Commander) along with Town Manager Eric Heil and Mayor Pro Tem Tamra Underwood. Since both Vail and Avon have employed the same prosecuting attorney in past years this seemed an appropriate approach to the hiring process. Town of Avon suggested this collaborative hiring process noting a number of efficiencies for both courts who use the same judge and similar codes.
FINANCIAL CONSIDERATIONS: Once the person is appointed to the position, a retainer agreement would be executed. The 2023 budget for the prosecutor is $24K.
RECOMMENDATION: The interview panel (both Avon and Vail) recommends the appointment of Taggart Howard to serve as Avon’s (and Vail’s) Municipal Prosecutor. Mr. Howard has lived in Eagle County for 25 years and has served both Eagle County and the Eagle District Court as a prosecutor. He has served both Vail and Avon on a temporary basis with coverage for former prosecutors (Causey and Pierce-Durance). He is currently owner/partner with Howard & Associates, PC and formerly the same with Inga Causey who was recently appointed as District Judge. His law degree is from Thomas M. Cooley Law School, Lansing, MI, and he began his Colorado career in May of 2000 with the Fifth Judicial District. His letter of interest and resume are included as Attachment A.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: “ I move to appoint Taggart Howard with the law firm Howard & Associates, P.C. as the Town of Avon Municipal Prosecutor effective February 28, 2023.”
Thank you, Patty and Eric
ATTACHMENT A: Taggart Howard Letter of Interest and Resume
POST OFFICE BOX 98 VAIL, COLORADO81658
HOWARD & ASSOCIATES, P.C.
TAGGART H. HOWARD BRADEN ANGEL KARA NOACK PARTNER OF COUNSEL OF COUNSEL
TAGGART@HOWARDANDASSOCIATES.CO BRADEN@HOWARDANDASSOCIATES.CO KARA@HOWARDANDASSOCIATES.CO TEL. 970-926-6556 TEL. 970-926-6556 TEL. 970-926-6556
January 5, 2023
Eric Heil
Town Manager Town of Avon 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620
RE: Town of Avon Part-Time Prosecutor Job
Dear Mr. Heil,
My name is Taggart H. Howard. I am interested in applying for the Part Time Prosecutor Job in
the Town of Avon. I have attached a copy of my resume. I have lived in Eagle County for 25 years. I have worked as a prosecutor in the Eagle County Court and the Eagle District Court. I have also filled in as a “guest” prosecutor in the Town of Vail and the Town of Avon many times over the years when Elizabeth Pierce-Durance or Inga Causey needed help with coverage. I am currently serving as the interim prosecutor for the Town of Vail and Town of Avon. Thank you
for this opportunity.
Sincerely,
Taggart H. Howard FOR THE FIRM
ATTACHMENT A
TAGGART HARRISON HOWARD 275 Main Street, Suite G-005, Edwards, Colorado, 81632 970-376-5933 EXPERIENCE OWNER/PARTNER, HOWARD & ASSOCIATES, PC January 2023 – current PO Box 98, Vail, Colorado 81658
• Criminal Defense: State Courts, Felonies, Misdemeanors, Juveniles, DMV; Motions to Seal
• Eagle County Recovery Court Committee Member 2012 – current. Represent Defense Bar on Committee. Work closely District Court Judge Reed Owens to help clients maintain sobriety and become productive members of society.
• 5th J.D. Judicial Performance Commission – 1st Term was 7/30/19-11/30/21. Reappointed by Speaker. 2nd Term is 12/1/21-11/30/25. Evaluate Judges in 5th J.D.
• Memberships: U.S. Supreme Court, U.S. Court of Appeals, U.S. District Court, Colorado Criminal Defense Bar, Colorado Bar Association, Continental Divide Bar Association. OWNER/PARTNER, CAUSEY & HOWARD, LLC September 2012 – December 2022 PO Box 98, Vail, Colorado 81658
• Criminal Defense: State Courts, Felonies, Misdemeanors, Juveniles, DMV; Motions to Seal OWNER/PARTNER, THE LAW FIRM OF TAGGART H. HOWARD, PC November 2005 – September 2012 PO Box 98, Vail, Colorado 81658
• Complex Civil Litigation: State Courts, Contract, Real Estate, Pleadings, Motions
• Criminal Defense: State Courts, Felonies, Misdemeanors, Juveniles ASSOCIATE, FELDMANN, NAGEL & OLIPHANT, LLC May 2004-November 2005 953 S. Frontage Road, Suite 108, Vail, Colorado 81657
• Complex Civil Litigation: State and Federal Courts, Contract, Real Estate, Pleadings, Motions
• Criminal Defense: State and Federal Courts, Felonies, Misdemeanors, Juveniles ASSOCIATE, GOODMAN & WALLACE, LLP September 2003-May 2004 0069 Edwards Access Rd., Suite 3, Edwards, Colorado 81632
• Civil Litigation: Contracts, Real Estate Law, Lien Collections, Bankruptcy, Family Law
• Criminal Defense: Felonies, Misdemeanors, Traffic, Petty Offense, Juveniles
OF COUNSEL, WHEELER & CLUNE, LLC December 2002-September 2003 Alpine Bank Building, Ste 101, Avon, CO
• Criminal Defense: Felonies, Misdemeanors, Traffic, Petty Offense, Juveniles DISTRICT COURT DEPUTY DISTRICT ATTORNEY August 2002-November 2002 Office of the District Attorney, Fifth Judicial District, Eagle, CO
• Felony Docket: Warrant Approval, Advisements, Motions Hearings, Jury Trials, Sentencing
• Juvenile Docket: handled entire case load
• Work with multiple agencies: ECSO, CSP, EPD, APD, BPD, VPD, CDOW, USFS, CDAC COUNTY COURT DEPUTY DISTRICT ATTORNEY May 2000-August 2002 Office of the District Attorney, Fifth Judicial District, Eagle, CO
• Experienced Trial Attorney: petty offenses, misdemeanors, felonies
• Managed Largest County Court Docket in Fifth Judicial District EDUCATION THOMAS M. COOLEY LAW SCHOOL, Lansing, MI Juris Doctor, September 1998 VIRGINIA TECH, Blacksburg, VA BA-Philosophy, December 1992
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TO: Honorable Mayor Amy Phillips and Town Council FROM: Jena Skinner, AICP, Senior Planner Matt Pielsticker, Planning Director RE: Ordinance 23-01, Code Text Amendments Landscaping Regulations DATE: February 28, 2023
SUMMARY: In front of Town Council for first reading is Ordinance 23-01 (“Attachment A”), which is drafted to amend the Town’s Landscaping Standards contained within Avon Municipal Code (“AMC”) Section 7.28.050. Council reviewed these regulations on January 10th, 2023, and took action on January 24th, 2023, with a recommendation of approval of first reading, with limited changes. At the suggestion of Council, Staff referred this version of the proposed amendments to multiple outside professionals for review on February 6th, 2023. New comments were received, and are attached as Attachment E. Several of these comments have been incorporated into the code changes or Exhibit A. These amendments reflect water efficiency and wildfire considerations. This review also coincides with an ongoing review of all water management systems within the Town, including an assessment of the Town’s water rights, current irrigation practices, and rectifying the Town’s water supply and use information with Upper Eagle Regional Water Authority (“UERWA”). At the January 10th, 2023, hearing, the Town Manager introduced additional (potential) amendments. The discussion centered around related landscaping amendments aimed at Title 13, which would add language involving the introduction of a codified limitation for water consumption based upon existing water rights, as well as a potential amortization period of 10 years for property owners to amend existing landscapes to meet the proposed landscaping regulations. After further discussions surrounding what information is needed to support the proposed amendments to Title 13, Staff recommends that this language not be added to Ordinance 23-01 and should be presented to Town Council as a separate amendment at a future date. Ordinance 23-01 can perform independently from Title 13 and meet the intended goals in the interim. At the January 24th, 2023 meeting, Town Council accepted this recommendation. Several changes (“Exhibit A to Ordinance 23-01”) are being contemplated with Ordinance 23-01 including Water Budgeting considerations (“Exhibit B to Ordinance 23-01”), implementation of further water efficiency and irrigation best practices, and finally, various “clean up” amendments related to the management of landscaping elements. The revised code will work together in conjunction with a more fluid Landscaping Design Guide that will have examples, a recommended plant list, pictures, and other helpful information for the public. This document will be updated administratively. We have applied for a grant to assist in the creation of the Landscape Design Guide, which will be awarded Spring of 2023. GOALS OF AMENDMENTS: Here is a summary of proposed goals for updated Landscaping Standards:
Phase 1 – Code Text Amendment
• Implement Water Budgeting practices for new Landscape Designs. This amendment proposes the greatest degree of learning and education for both Staff and the public.
• Incorporate best practices above those currently being implemented. E.g., Wildland Urban Interface considerations. With a decrease of water available in general, it will be more important to consider both what and WHERE to plant materials, especially in more arid
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areas of Town. New considerations are proposed.
Phase 2 – Ancillary Documents
• Create Landscape Design Guide, with pictures [TBD] (See example “Attachment C”).
• Produce “Mountainscape” designs that include conservative water use examples and fire mitigation [TBD]. We anticipate this will be accomplished as a list to be incorporated as part of the comprehensive Landscaping Guide that demonstrates “how” to create appropriate hydrozone planting areas and educates the public in what species are most appropriate for the area (see attached example).
• Incentivize landowners to convert current water-intensive landscapes [TBD] We are
considering creating a webpage with cross-links for rebates from ERWSD, etc. BACKGROUND: The existing Landscaping Standards were developed in 2010 during the unified land use code adoption process. The standards originated from common draft code language that was provided by the Town’s then code consultant. The Landscaping Standards have yielded mixed results through the development review process and are general in nature without communicating effectively what aesthetic the Town desires– only including water-wise considerations. In 2017 the Landscaping Standards were updated to cap permanently irrigated area (5,000 sq. ft.) for new development regardless of property size. Additionally, the 2017 updates stipulated that separate irrigation plans be made part of the review process to ensure proper design and accountability with new construction. The landscaping section has fallen out of date in reflecting the community concerns of minimizing water use. Recently, the Town of Avon and ERWSD have been coordinating on efforts to more effectively manage water use and water rights, with our most recent meeting November 29th, 2022. These landscaping code modifications offer new tools in managing water from a design perspective (more directly, landscaping plans). We have learned they generally parallel the direction that ERWSD is headed as well, as well as Traer Creek (staff met with the Village at Avon Design Review Board on November 28th, 2022). Please see the attached memo from the ERWSD (“Attachment C”). Staff will be able to assess water use will be through the adoption of a Landscape Design Water Budget Calculator or a formula for calculating irrigation water use. The intent for the proposed formula (“Exhibit B to Ordinance 23-01”) is to become Appendix 7-B of the Avon Municipal Code. Currently, the City of Aspen uses a similar Water Budget Calculator that currently employs a 7.5 gallons per sf. per season allocation limit, and landscape plans that exceed that allocation in their established Water Budget Calculator are generally not approved. The scenarios included in the proposed appendix assume that the 7.5-gallon allocation is also the threshold for approval as well. The examples clarify the intent of this calculator to applicants. To determine the Water Needed to Support Landscaping, all areas within any landscaping plans (hydrozones) are assigned one of the following Hydrozone Water Use Categories: No Water, Very Low, Low, Medium, High, Cool Season / Turf Grass, and Water Feature. Each Hydrozone Category represents the estimated water allocation needed to support its flora (See Table 1:1 – Appendix 7B). Very Low, Low, Medium, and High Hydrozone categories also contain the potential to be Drip Irrigated or Spray Irrigated (Drip being less water-intensive than Spray). While hydrozones are currently found within the code, this proposed update using a Water Budget Calculator in conjunction to Hydrozones will more effectively bring awareness to water use and supports Staff’s intention in conserving water, by placing an actual limitation on
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water use for all hydrozones on a property. PZC REVIEW: The proposed landscaping application was examined by PZC on November 15th, December 6th, and finally, December 20th of 2022. The PZC was instrumental in evaluating the code and its practical and technical attributes, through a “process” and “citizen” lens to ensure that this code will be easily understood and accomplishes the sought-after goals as listed on page 1 of this report. Through the process, the removal of the plant list as an appendix of the AMC, coupled with the shifted focus towards a landscaping guide as a living document that visually shows the public how to be more water and wildfire conscious, was accepted as the best way to convey to the public of a practical means to implement the proposed code text amendment. PROCESS: Code Text Amendments can only be initiated by property owners and the Town Council. Town Council approved Staff’s request to engage with the PZC with this amendment. After this initiation, Staff provided the necessary public notification before this hearing with the PZC. PZC then provided a positive recommendation to Town Council. Town Council shall engage in two readings of an Ordinance capturing the Code Text Amendments necessary before final action and implementation.
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on November 4th, 2022. No comments from the general public have been received. At the November 15th, 2022 PZC hearing, the application was continued to December 6th, 2022 (date certain), and to December 20th, 2022. Public notification and posting requirements for second reading of the Ordinance will be adhered to. REFERRALS: These amendments were posted to our website and referred to ERWSD as well as the Eagle County Conservation District and Traer Creek. Staff has also met with the ERWSD and their comments are attached. As we move through our own internal planning for converting certain areas of Town property from sod to water conscious landscaping, we will continue to work with ERWSD to ensure we are in alighment with each entity’s intentions. DISCUSSION: It was common to see other communities in Colorado implement more restrictive and water-conscious landscaping requirements in 2022. While certain jurisdictions like Castle Rock now significantly limit turf areas in addition to water-conservation efforts, Staff feels it is not necessary to impose such extreme restrictions based on the existing development in Avon. Additionally, we may be experiencing a different threat than the severe lack of water that the Front Range may be experiencing. Our long-term sustainability will become increasingly more precarious without considering ways to be more conservative now. This mindset is the reasoning behind incorporating a water budget and modifying accompanying landscaping controls. The proposed amendment does not retroactively force residents to alter their properties dramatically. Through this code amendment, we will be able to capture new development and help encourage existing development to voluntarily retrofit their landscaping through educational means in providing a recommended plant list customized for Avon, and in providing examples in the proposed Landscaping Design Guide slated for spring of 2023.
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION December 20
TOWN COUNCIL ORDINANCE & PUBLIC HEARING First Reading January 24
TOWN COUNCIL INITIATION
TOWN COUNCIL ORDINANCE & PUBLIC HEARING Second Reading February 28
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Staff feels that these changes do not propose additional costs overall with actual landscaping material considerations proposed. The Eagle River Water and Sanitation District also offers financial incentives for improving irrigation systems and removing turf-grass to the public as well. As far as vegetation goes, no matter if it is a low-water or high-water plant, these costs remain the same to consumers Water savings will be the biggest outcome for new and existing developers, residents, and business owners, and collectively for the community in general; however, there may be some additional costs to create new landscaping plans as they will contain a higher-degree of detail- especially in designing new irrigation systems. With a reduction in watering, wildfire mitigation efforts must increase. Although it is a small section of Title 7, language that bolsters wildfire mitigation- specifically in the Wildland Urban Interface (“WUI”) is also part of this update. Based on the “Fire-free 5” campaign that the Town of Vail and other jurisdictions have incorporated into their code, these new restrictions will help keep highly flammable vegetation from being planted immediately adjacent to residences. Other complimentary wildfire mitigation efforts by Avon and associated emergency service agencies will further reduce fuels surrounding Wildridge throughout 2023/24. REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code changes. The review criteria for Code Text Amendments are governed by AMC §7.16.040, Code Text Amendments. Staff responses to each review criteria are provided below.
(1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: This update seeks to bring awareness to water use and consumption through the landscaping section of the Code. It introduces water budgeting as a means to calculate more
precisely, the anticipated water use will be for a development. It also offers other design ideas for “how” to landscape. For instance, use of boulders instead of live plant materials, and the removal of minimum landscaping areas. It is obvious that water is a valuable and essential need for a community, and the Town Code must reflect responsible water use, essential for the Town's sustainability and the health, safety, and general welfare of the Avon Community. Additionally, it is
important to also consider additional implementing regulatory wildfire mitigation standards. Aside from the threat of reduced water levels, wildfire is the largest threat for Avon. Adding new minimums for distancing vegetation from structures will be required for new development and in reducing this threat, thus increasing safety and the improving the general welfare of Avon. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: These amendments attempt to balance the "typical" development and design environment with increased thoughtfulness toward water use through the potential of design elements related to the elevations and native plants historically found in Avon. These code modifications should result in more water-wise projects and landscapes accustomed to our environment. Environmental goals of the Plan encourage citizens to “…Minimize and mitigate potential development impacts to wildlife and watersheds...” and “Promote water conservation through public education, supply management, and demand management techniques.” Through the revised standards, efforts to help sustain our watershed and to conserve water will be achieved.
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For some commercial projects, alleviating some of the more restrictive requirements will be a relief for having to plant obligatory minimum quantities of live vegetation resulting in greenspaces that are not
beneficial to the overall development design. Staff hopes applicants may create more unique spaces like those currently found along the pedestrian mall instead of more traditional landscaped areas; public spaces and amenities are supported in the Comprehensive Plan.
The Community Housing Plan seeks to achieve the Town's goals with "…both incentives and regulations to create a policy environment that is favorable for local housing." Offering potential
community housing projects some design flexibility while maintaining the Development Code's underlying goals is an intention supported by the Comprehensive Plan. Decreasing the need for water use will also affect the overall cost of maintaining public spaces and reduce the monthly overhead on affordable projects- especially in dry years.
Updating land use regulations with new development tools is also supported by the Avon Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. This code amendment could go much further in its design; however, this amendment is an excellent start to being more conservative with water use and still achieve quality of
place through landscaping. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal Code. These goals can be applied to new or modification of existing landscaping. The most relevant goals that may be applied include the following:
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town;
(d) Avoid [or alleviate] undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents;
provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities;
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(l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of
life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy;
Staff Response: When trying to encourage new development and redevelopment, Avon needs the appropriate tools to make projects the best for the community. Conserving water or being water-conscious is the responsible course of action for Avon, in order to contribute to our sustainability
efforts and stewards of our community for this valuable resource. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The text amendments directly respond to the concern regarding water conservation while being more precise in accounting for our long-term water needs. Avon is accountable for responding to modern community needs with changing environmental conditions. Avon must also be adaptive with considerations to climate change. GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This code text amendment application is complete. Staff believes sufficient
information exists to allow Council to review this application with the review criteria. Further, this
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code text amendment application complies with the Avon Comprehensive Plan. This code text amendment application will not impact demands for public services or infrastructure because it is
not a development application; instead, it simply offers provisions that support the existing development code while enhancing Avon’s tools in helping improve and incentivize water conservation and wildfire mitigation. If the changes are approved, Staff plans to create helpful design documents to support the more restrictive code while inspiring constituents to create low-water spaces or to convert traditional, high-water landscaping areas into water-conscious
hydrozones using more indigenous or native landscaping materials. OPTIONS: The following represents options regarding Ordinance 23-01: 1. No action 2. Approve Second reading of Ordinance No. 23-01 as drafted 3. Approve Second reading of Ordinance No. 23-01 with modifications, and continue Second reading of this Ordinance to March 14th, 2023 4. Continue Second reading to March 14th, 2023
RECOMMENDED MOTION: “I move to approve Second reading of Ordinance 23-01 Amending Titles 7 and 15 of the Avon Municipal Code concerning landscape regulations.” Thank you, Jena
ATTACHMENT A: Ordinance 23-01
Exhibit A: Landscape Standards Strikethrough
Exhibit B: Appendix 7-B Water Efficient Landscape Design Budget Calculator Worksheet
ATTACHMENT B: Correspondence from ERWSD and ERWC
ATTACHMENT C: Landscape Design Guide Example
ATTACHMENT D: Water Efficient Rebate Guide ERWSD
ATTACHMENT E: Referral Comments from Zehran and Associates
ATTACHMENT A
ORDINANCE 23-01
Ord 23-01 Code Text Amendment: Landscaping Standards Page 1 of 4
ORDINANCE 23-01
AMENDING TITLES 7 AND 15 OF THE AVON MUNICIPAL CODE
CONCERNING LANDSCAPING REGULATIONS
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority, and privileges to which it is entitled under Colorado law; and
WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Code Text Amendment (“CTA”) application to modify applicable Landscaping requirements and standards of Titles 7 and 15; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on November 15th, December 6th, and finally, December 20th of 2022, prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to
adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision-
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing for First Reading of Ordinance 23-01 on January 10th and January 24th, 2023, and prior to taking final action
considering all comments, testimony, evidence, and Town Staff reports; and then took action by
approving Second Reading of this Ordinance; and
WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals by affecting Avon’s various Landscaping Standards in reducing exterior water use, increasing wildfire mitigation, and in adding general best practices for landscaping practices specific to Avon; and
WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by focusing on exterior water conservation while also increasing efforts to protect homes from the potential threat of wildfires; and
Ord 23-01 Code Text Amendment: Landscaping Standards Page 2 of 4
WHEREAS, this amendment will work together in conjunction with a more fluid Landscaping
Design Guide that will have examples of plantings, a recommended plant list, pictures of
recommended planting styles, and other helpful information for the public. This document will be updated administratively, incorporated for use in Avon under separate action by Town Council; and
WHEREAS, a new Water Efficient Landscape Worksheet for calculating irrigated water use is
to be added as Appendix 7-B to Title 7; and
WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Code Text Amendments. AMC §7.28.050, AMC §7.28.060, AMC §7.28.070,
AMC §7.28.080, AMC §7.28.100, AMC §15.08.070, and AMC §15.10.080, are hereby amended as depicted in “Exhibit A – Code Text Amendments” with strike-out depicting language to be deleted and underline depicting language to be added.
Section 3. Addition of Title 7 Appendix. The Water Efficient Landscaping Worksheet is hereby incorporated into the Avon Municipal Code as Appendix 7-B.
Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
“application” means and includes an application of an ordinance or any part thereof, whether
considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Ord 23-01 Code Text Amendment: Landscaping Standards Page 3 of 4
Section 5. 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 6. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of 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 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right
or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper
actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and
held as remaining in force for the purpose of sustaining any and all proceedings, actions,
hearings, and appeals pending before any court or administrative tribunal.
Section 8. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents.
Section 9. 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 by the Avon Town Council on HEARING by the Avon Town Council on January 24th, 2023 and setting such public hearing for February 28th, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
Ord 23-01 Code Text Amendment: Landscaping Standards Page 4 of 4
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February 28th, 2023.
BY: ATTEST:
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
EXHIBIT A
PROPOSED LANDSCAPING CODE
AMENDMENT
CTA22004 Exhibit A Page 1
7.28.050 - Landscaping.
(a)Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town:
(1)Integrates building sites with natural topography and existing vegetation;
(2)Minimizes disturbed areas;
(3)Conserves limited water resources by prescribing acceptable water irrigation design budgets;
(4)Reduces water use and off-site impacts which can affect the Eagle River;
(5)Reduces the amount of reflected glare and heat absorbed in and around developments;
(6)Breaks up large expanses of parking lots; and
(7)Preserves residential neighborhoods by lessening the impacts of potentially incompatibleuses.
(b)Applicability. This landscaping Section shall apply to all new development and redevelopmentas provided in Subsection 7.28.010(b). Applicability. Applicability of the provisions of this Sectionshall be as indicated in Table 7.28-6 below.
(1)Landscape plans for multi-family and commercial properties shall be designed by a licensedlandscape architect, QWEL certified professional, or a professional landscape designer, unlessotherwise specified. Inspection and compliance with approved landscape plan must beobtained prior to issuance of a certificate of occupancy.
(2)Modifications, expansions, or the addition of new irrigated area(s) being added to a propertywith an existing irrigation system, may require a combined assessment of the total irrigatedarea and water use as part of the development permit review.
(c)Required Landscaped Area. Maximum irrigated area for each zoning district shall be as indicatedin Table 7.28-6, below.
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Table 7.28-6
Minimum Landscaped Area and Maximum Irrigated Area by Zoning District
Zoning Districts Minimum Landscaped Area (% of Gross Lot Size) Maximum Irrigated Area (% of Landscaped area)
NC, MC, TC, IC 20 20% of area up to 5,000 square feet
RSF, RL, RM, RH 25 20% of area up to 5,000 square feet
P, PF, OLD 0 n/a
CTA22004 Exhibit A Page 2
(c)Landscape Design Irrigation Budget.
(1)All irrigated landscaped areas must be included in the calculation (Appendix 7B). The totalirrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion ofthe Director of Community Development, an increase in the landscape design irrigation budgetto 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one ormore of the following landscaping design elements to incentivize health landscapes:
(i)Non irrigated protected native vegetation.
(ii)Ecological restoration areas.
(iii) Non-irrigated permeable areas.
(iv) Stormwater conveyance infrastructure.
(d)Plant Material and Water Need
(1)Aside from the use of invasive and/or noxious plant species, any plant can be utilized in alandscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires each plant tobe classified as low water, medium water, or high-water use. These categories are necessaryfor calculating the plant water need. An estimate of the plant water needs in gallons per squarefoot per season, must be provided for any proposed vegetation in the proposed landscapingdesign.
(2)Each hydrozone shall plant materials with similar water use.
(3)Plants shall be selected and planted appropriately based upon their combatibility factor andadaptability to the climatic, soils, ignition potential, elevation, and topographical conditions ofthe project site. To encourage efficient use of water, the following are highly recommended:
(i)Protection and preservation of native species and natural vegetation to the greatest extentpracticable.
(ii)Selection of plants based on water need, disease, wildfire potential, and pest resistance.
(iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots)to minimize damage to property or infrastructure.
(iv) Consideration of the solar orientation and type of plant with plant placement to maximizesummer shade and winter solar gain.
(v)Consideration of wildlife. The Town of Avon does not recommend use of fruit-bearingvegetation that may increase human-wildlife conflicts. Any damage resulting from wildlifeforaging on fruit-bearing landscaping material is the responsibility of the property owner.
CTA22004 Exhibit A Page 3
(4)Protected native vegetation areas without irrigation are incentivized through the landscapedesign irrigation budget calculation.
(5)Invasive and/or noxious plant species are prohibited.
(6)Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will beimplemented on steep slopes.
(7)Irrigation work performed within the drip line of existing trees requires hand grubbing no deeperthan 6 inches (6”) and must be as far from tree trunk as practically possible. Do not cut rootslarger than four inches (4”) in diameter (dig under or around).
(8)Stormwater management practices minimizes runoff and increases infiltration which rechargesgroundwater and improves water quality. The implementation of stormwater best managementpractices like use of bioswales in landscape and site plans is encouraged.
(9)Green stormwater infrastructure is incentivized through the landscape design irrigation budgetcalculation. The following treatments associated with the landscape and described in thedrainage report will have the following hydro zone values:
(i)Non-irrigated permeable surfaces without plants are incentivized through the landscapedesign irrigation budget calculation.
(ii)For purposes of the calculation, stormwater conveyance infrastructure such as vegetatedbioswales shall apply a plant factor value representing the plantings with an efficiency valuebased on the irrigation method. These areas are incentivized through the landscape designirrigation budget calculation.
(10)Project applicants shall refer to the Town of Avon Engineering Department for information onany applicable stormwater ordinances and stormwater management plans.
(d)(e) Landscape Buffer. The following regulations apply to properties where a nonresidential district oruse abuts a residential district or use:
(1)A minimum fifteen-foot-wide buffer space shall be provided.
(2)The buffer shall be designed with adequate landscaping or screening to properly separate thediffering uses.
(3)New trees and shrubs shall be evenly spaced at planting.
(4)A solid masonry Wwalls, boulders, fencing, or a combination of design elements that supportthe intention of creating a buffer, minimum six (6) feet in height, may be substituted forrequired shrubs.
(5)Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(6)If used in addition to a landscape screen, fences shall have additional evergreen shrubs
CTA22004 Exhibit A Page 4
planted on the residential side of the fence.
(7)Mechanical equipment, permanent detention and temporary erosion and sedimentationcontrol basins are prohibited in the buffer area.
(8)Utility easements should avoid being placed in the long dimension of a buffer yard.
(9)Wherever practical, pedestrian access shall be placed through the buffer yard.
(f)Wildland Urban Interface. All landscaping improvements installed after the effective date of theseregulations must comply with any WUI policies, plans, or codes, as adopted and amended by theAvon Town Council.
(1)Avoid fire-prone plant materials and highly flammable mulches and design landscaping per itswildfire hazard potential. Landscaping design plans for projects in fire-prone areas shalladdress fire safety and prevention. Further, all landscape plantings for properties in apotentially moderate or high wildfire hazard zone must be predominantly Firewise or placed perbest wildfire practices for planting within 30 feet of a residence.
(i)0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall notbe planted within the first five feet of any structure. Landscaping in this zone may includehardscaping such as on-grade patios, walkways, driveways, or similar; non-combustiblemulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover.
(ii)Trees planted immediately adjacent to the five-foot zone that encroach within five feet of aresidence should be limbed up to a height of six feet or one-third the total height whichever is less and should be trimmed or pruned to leave at least a two-foot gap between the nearest branch and the building.
(2)Wildfire mitigation is permitted within areas classified or restricted as non-developable.Proposed mitigation in these areas must be approved by the Town of Avon.
(g)Road Right-of-Way. Landscaping outside of necessary revegetation materials used for erosioncontrol or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any right-of-way.
(1)Landscaping placed adjacent to road-right-of-way may not encroach into actual road-right-of-way. Encroaching landscaping may be removed by Town of Avon.
(2)Approved address markers may be placed in road-right-of-way with permission.
(e)(h) Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping shallbe provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped area, whether irrigated or not, with no more than fifty percent (50%) of any one variety. At least twenty-five percent (25%) of all required landscape units shall be provided as trees, or, two (2) low-water, shrubs in lieu of one (1) tree. The following table indicates the landscape units awarded for various preserved or planted landscape materials including stormwater management Best Management Practices (BMPs):
CTA22004 Exhibit A Page 5
(i)Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetationand non-vegetative alternatives (e.g., boulders) to create creative installations with varying heights.
______________________________________
Table 7.28-7 Landscape Units Awarded Materials - Size and Area Requirements
Landscape Material Landscape Units Awarded
Newly Installed Existing Retained
Evergreen Tree minimum 1.5” Caliper
Evergreen tree, > 10' high 8 14
Evergreen tree, > 8—10' high 8 11
Evergreen tree, 6—8' high 6 9
Evergreen Tree, < 6' high 1 2
Deciduous Tree minimum 1.5” Caliper
Deciduous tree, > 8" caliper 10 14
Deciduous tree, > 4—8" caliper 8 11
Deciduous tree, > 2.5—4" caliper 7 9
Deciduous tree, 1.5—2.5" caliper or multi-stem 4 4
Deciduous tree < 1.5" caliper 1 2
Shrubs, minimum 5-gallon 1 1.2
Shrubs, 3-gallon 0.8 0.9
Perennials / ground cover, minimum 2.5 Qt or 1-gallon 1 per 400 sq. ft.
Annual flower bed – No minimum plant size (Calculated by area) 1 per 400 sq. ft.
Xeriscape Low-water or ‘Mountainscape’ ground cover – No minimum plant size (Calculated by area using mature width of plants) 2 per 200 sq. ft.
Flower basket support 0.2 per basket
Earthen berm, minimum 18" high 0.05 per linear foot
Hardscape Material Units Awarded
Split rail fence 0.20 per linear foot (0 in Wildridge)
Screening (opaque) fence 0.40 per linear foot (0 in Wildridge)
CTA22004 Exhibit A Page 6
Shredded bark or 2"- rock mulch such as river rock 1 per 500 sq. ft.
Ornamental pavers – not to exceed 50% (Calculated by area) 1 per 250 sq. ft.
Permeable Pavement – not to exceed 50% (Calculated by area)
Landscape boulders, 3' or greater in height 2 per boulder
Rockery – No minimum plant size (Calculated by area)
Crevice Garden – No minimum plant size (Calculated by area)
Seating – No minimum (Calculated by area) 0.40 per linear foot
Landscape lighting, sculpture, art, and/or sheltering structure/landmark, rain garden, bioswale,, use of recycled and/or repurposed materials – No minimum plant size (Calculated by area) As determined by Director
Retained Existing Landscape Unit Bonuses Bonus Landscaping Units Award
Low-water native vegetation as defined by CO Native Plant Society (CoNPS) – No minimum plant size (Calculated by area) CoNPS Certified Native Garden “Bronze” – No minimum plant size (Calculated by area) CoNPS Certified Native Garden “Silver” – No minimum plant size (Calculated by area) CoNPS Certified Native Garden “Gold” – No minimum plant size (Calculated by area)
80% or more of total landscaped area on temporary irrigation 50%
(j)Plant selection shall emphasize low-water native mountain region vegetation (‘Mountainscape’)and shall limit the use of high-water use plant species. All required landscapes, except for drylandscapes, shall include a designed irrigation system.
(k)Non-Native Turf Grass. Irrigated turf may be used for essential uses including parks, sports fields,playgrounds, and in reasonable portions of residential yards. Use of Kentucky Bluegrass isprohibited in nonessential areas. Nonessential irrigated turf is to be replaced with water-wiselandscaping as much as practicably possible without impacting quality of life or landscapefunctionality.
Examples of nonessential turf areas include but are not limited to: medians; areas adjacent to openspaces or transportation corridors; areas sloped with more than a twenty-five percent grade; stormwater drainage and detention basins; commercial, institutional, or industrial properties; areas thatare neither designed nor used for passive or active uses.
(l)Rockeries.
(1)Purpose. The general intent of the planted rockery standards is to reduce the necessity forexcessive grading and encourage stepping of driveways and buildings with a naturallandscape feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallenrock with vegetation) common in alpine environments.
CTA22004 Exhibit A Page 7
(2)Standards for Planted Rockeries.
(i)Rockeries may be utilized wherever finished grades cannot meet the recommendedstandards of this Development Code due to naturally occurring topography and other sitedevelopment constraints.
(ii)Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, orgrass plantings.
(iii)A rockery shall not exceed seven (7) feet in height unless approved by the PZC.
(iv)The design of rockeries shall be constructed of materials compatible with the site localgeology.
(v)Rockeries over four (4) feet in height shall be structurally designed and certified by aColorado licensed professional engineer or architect.
(f) m) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-streetsurface parking lots.
(1)Parking Lot Perimeter Landscaping:
(i)Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for allparking lots having more than ten (10) spaces.
(ii)A minimum of eighty percent (80%) of the length of the planting strip shall be used toscreen the parking area from the street. The screen shall be a minimum of thirty (30)inches in height and may consist of a berm, wall, plant material, dryscape materials, orcombination thereof.
(iii)Where lots are being developed in a mixed-use district, the parking lot perimeterlandscaping requirement may be reduced along an interior lot line, at the discretion of theDirector, provided that interior parking lot landscaping applies to both parking lots.
(2)Internal Landscaping:
(i)Landscape strips shall be installed between the parking rows of every other double row ofparking when parking rows exceed fifty (50) parking spaces.
(ii)Landscape islands shall be installed for every ten (10) parking spaces contained in aparking row, either within the parking row or at the end of the parking row.
(3)Curbs. Landscaped areas within parking lots or the along perimeter of the property must beprotected from vehicular traffic through the use of continuous concrete curbs. At least one(1)break per thirty (30) lineal feet of curb is required to allow for runoff inflows into thelandscaped areas.
(4)Internal Landscaping Island Design. The intent of internal landscape islands are to separate
CTA22004 Exhibit A Page 8
pedestrians from vehicles. Internal landscape islands shall:
(i)Be a minimum of six (6) feet in width.
(ii)Be at least two hundred (200) square feet.
(iii)Be sunken below the level of the parking lot surface to allow for runoff capture withinbioswales or similar.
(iv)Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamentalgrasses in each island.
(v)Contain a minimum of fifty percent (50%) living landscaping material, with a maximum offifty percent (50%) nonliving landscaping material. Approved Ssidewalks or pathways maybe are not counted toward the nonliving landscape material percentage.
(5)Internal Landscaping Strip Design. The intent of internal landscape strips are to separatepedestrians from vehicles. Internal landscape strips shall:
(i)Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii)Include a four-foot-wide sidewalk and a six-foot-wide planting strip area for installinglandscaping.
(iii)Meet planting requirements for interior landscape islands, as outlined above.
(6)Sight Distance Triangle. A sight distance triangle within the off-street parking area must beestablished at street intersections by maintaining a maximum height for shrubs and groundcover of thirty (30) inches as measured from the driveway surface. No obstructions arepermitted in the sight distance triangle, including tree branches that must be trimmed withineight (8) feet of the ground. All applicable sight distance requirements must be met forparking lot internal circulation and access points to the public right-of-way.
(f)(n) Landscaping Standards. All landscaping elements, including but not limited to planters, retainingwalls and berms, must be specifically approved and shall conform to the following standards:
(1)Preservation of Existing Vegetation. Landscaping plans should be designed to preserve andprotect existing native vegetation and mature trees, unless wildfire mitigation is necessary.Landscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7,Landscape Units Awarded, above, where the Director accepts the existing vegetation asbeing in good health and meets the intent of the landscaping requirements of this Chapter.
(i)No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii)No trees or vegetation except for noxious, non-native vegetation or vegetation foundby the Director to be imminently threatening property, at risk of disease due toovercrowding, posing high fire danger, or potentially encroaching into easements shall beremoved.
CTA22004 Exhibit A Page 9
(iii)All native landscaping shall be kept in its native state, to the greatest extent practicable.
(iv)Significant trees and vegetation that are removed from a site shall be replaced as set forthin this Section.
a.Significant Trees. Significant trees, as defined by this Section, shall be preserved tothe maximum extent feasible.
(1)A significant tree means a tree of at least eighteen (18) inches in diameter for adeciduous tree and twelve (12) inches for evergreens, measured at a height offifty-four (54) inches above the ground.
(2)When a significant tree is removed, it shall be replaced on the lot or offsite on anapproved location with a minimum of two trees a minimum height of eight (8) feetor a minimum caliper of two and one-half (2.5) inches. Alternative landscaping inthe way of art installations or similar non-irrigated materials may be considered inlieu of vegetation.
(3)Replacement trees shall be maintained through an establishment period of at leastthree (3) years, except that single-family and duplex dwellings shall have anapplicable establishment period of one (1) year.
(4)It is the responsibility of the property owner to preserve and maintain anyestablished significant tree. Maintenance shall include wildfire mitigation.
(5)Alternative tree removal guidelines are at the discretion of the Director throughan Alternative Equivalent Compliance application.
(2)Protective Fencing During Construction. All vegetation, significant trees and trees intended foruse as credit towards the landscaping and tree protection standards of this DevelopmentCode shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. The Director shall consider existing site conditions in determiningthe exact location of any tree protection fencing.
(i)Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalentmethod of fencing at the perimeter of the designated building envelope and a minimumof four (4) feet in height at the drip line around each tree or group of trees within thebuilding envelope to prevent the placement of debris or fill on vegetation to bepreserved or within the drip line of any tree.
(ii)Inspection. All tree and vegetation protection measures shall be inspected and approvedby the Director prior to start of any land disturbing activities. Failure to have protectionmeasures inspected prior to the commencement of construction is a violation of thisDevelopment Code.
(3)Allowed Plant Materials. Proposed materials must be specified on development plans. A list ofpermissible plant species that are compatible with various climate zones specifically found in
CTA22004 Exhibit A Page 10
the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and may be amended from time to time. The use of native plants as defined by the CO Native Plant Society is recommended. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water conservation goals and would provide the same or better level of visual benefits, and have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town.
(4)Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-native, or diseased vegetation is required and shall be in compliance with Chapter 8.36.
(5)Dead Landscaping. Replacement may be permitted within a reasonable proximity to theoriginal location. It may not be possible to remove the dead vegetation in its entirety due toerosion or similar concerns. Dead vegetation may be replaced with non-vegetative materials(e.g., a boulder, art/sculpture, etc.), upon approval of the Director.
(6)Landscape Plan Required. All -landscape plans must note and delineate:
(i)All planting areas
(ii)Hydrozones with similar microclimate, soil conditions, slope, and plant materials withsimilar water demand. Individual hydrozones that mix high and low-water use plants shallnot be permitted. Hydrozone areas shall be designated by water use intensity andidentified by number, letter, or other designation on the landscape design plan andirrigation design plan.
(iii)Type of mulch and application depth.
(iv)Identify soil amendments, type, and quantity.
(v)Quantify areas of both pervious and impervious hardscapes.
(vi)Location and installation details of applicable stormwater features including infiltrationbeds, swales, and basins that allow water to collect and soak into the ground.
(vii)Detail any applicable rain harvesting, or catchment technologies as permitted by the Stateof Colorado.
(7)Irrigation Plan Required.
i.Irrigation Plans shall demonstrate the following:
(A)Backflow prevention devices that protect the potable water supply from contaminationby the irrigation system and comply with local plumbing codes.
(B)Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near thepoint of connection of the water supply.
CTA22004 Exhibit A Page 11
(C)Master shut-off valves and flow meters integrated with the automatic irrigationcontroller on all projects except irrigation systems that make use of technologies thatallow for the control of sprinklers that are individually pressurized.
(D)Dedicated landscape water meters or sub meters for all non-residential irrigatedlandscapes five thousand (5,000) sq. ft. or more.
(E)For all nonresidential properties, smart irrigation controllers labeled by U.S.Environmental Protection Agency's WaterSense Program or with published reportsfrom Smart Water Application Technologies are required. If a flow meter is used,then the controller shall be able to use inputs from the flow meter/sensor to controlirrigation if flows are abnormal.
(F)Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspendor alter irrigation operation during unfavorable weather conditions or when sufficientsoil moisture is present.
(G)The following table shall be provided on all irrigation plans:
Landscape Area Provided % of Lot/ Square Footage
Total irrigated area % of landscaped area/ square footage
Spray area % of irrigated area/ square footage
Drip area % of irrigated area/ square footage (measured as three (3) square feet per sprinkler head, unless otherwise shown)
ii.The irrigation system design shall:
(A)Prevent runoff, low head drainage, overspray, or other similar conditions whereirrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. Restrictions regardingoverspray and runoff may be modified if the landscape area is adjacent to permeablesurfacing and no runoff occurs or if the adjacent non- permeable surfaces aredesigned and constructed to drain entirely to landscaping.
(B)Conform to the hydrozones of the landscape design plan.
(C)Have matched precipitation rates within a hydrozone, unless otherwise directed by themanufacturer's recommendations.
(D)Meet the required operating pressure of the emission devices using valve pressureregulators, sprinkler head pressure regulators, inline pressure regulators, boosterpumps, or other devices. The pressure and flow measurements identified at thedesign stage will be verified prior to the installation of the system.
(E)Meet the requirements set in the American National Standards Institute (ANSI)standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard
CTA22004 Exhibit A Page 12
authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third-party.
(F)Achieve the highest possible sprinkler spacing distribution uniformity using themanufacturer's recommendations. All sprinkler head installed in the turfgrass areasshall have a distribution uniformity of 0.65 or higher using the protocol defined inASABE/ICC 802-2014 standard.
(G)Minimum pop-up height for sprinklers in turf-grass areas is 6”.
iii.All irrigation shall be designed and operated according to the watering schedule asimposed by the Eagle River Water and Sanitation District (ERWSD).
iv.Above ground temporary sprinkler irrigation may be used to establish vegetation onotherwise non-irrigated portions of the landscaped areas; however, such temporarysystems must be removed upon sufficient vegetation establishment as determined by theDirector, which shall not exceed one (1) year for ground cover, two (2) years for shrubsor three (3) years for trees.
v.Irrigation Management.
(A)Irrigation management includes planning water use, monitoring water use, andverifying that the equipment is maintained and properly adjusted for optimalperformance.
(B)Add landscape materials adjustments to the system should be in harmony with theoriginal intent of the irrigation design.
(C)Scheduling of irrigation events should match the needs of the plants to maintainhealth, appearance, and meet the function of a landscape.
vi.Irrigation Audit
(A)All multi-family and commercial projects must undergo an irrigation audit prior toCertificate of Occupancy. For single-family projects, the Town may require an irrigationaudit for the proposed landscaping depending on the size and or nature of theproposed irrigation system or water demand for landscaping.
(B)All landscape irrigation audits shall be conducted by a third-party certified landscapeirrigation auditor. Irrigation audits shall not be conducted by the person or companywho installed the irrigation system.
(C)The irrigation audit report shall include, but is not limited to:
a.System test with distribution uniformity for all turf areas and at least 10% ofremaining zones for a well-represented collection of zones;
b.Reporting overspray or runoff that causes overland flow;
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c. Examination of an irrigation schedule, or preparation of one if necessary, includingirrigation controller’s configuration with application rate, soil types, plant factors,slope, exposure, and any other factors necessary for accurate programming; and
d.System tune-up recommendation. Applicant will work with auditor to reconcilerecommendations & off the punch list to meet the standards.
vii. Soil Amendment.
(A)Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shallconsist of material best suited for the subject property. Depth of topsoil shall reflect thesurrounding environmental conditions including annual rainfall and elevation.
(B)Amended tree soil should have a minimum planting hole diameter of two (2) times aslarge as the root ball diameter. Both topsoil and subsoil layers shall consist of materialbest suited for the subject property. The percent of organic matter for the topsoil andsubsoil shall be measured by weight in accordance with best planting practices. Depthof topsoil shall reflect the surrounding environmental conditions including annualrainfall and elevation.
(C)The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons thatimpact plant growth or exceed the Environmental Protection Agency’s standards forsoil containment.
(D)All applicable soil criteria and standards shall be noted on the landscape design plan.
(1)Mulch Criteria.
a.Organic mulch material, depth, and coverage, shall be applied as appropriateto each species and mulch type. It shall be applied to the soil surface and notagainst the plant stem or high against the base of the trunk to minimizedisease.
b.Organic mulch material includes bark and wood chips. Mulch consisting ofconstruction debris such as pallets is prohibited.
c.Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have aminimum depth of two inches (2”). Inorganic mulch is recommended wherepracticable as it does not hold or absorb water.
(8)Revegetation Required.
(i)All disturbed areas must be adequately reseeded and restored on all projects.
(ii)In all disturbed areas, soil must be prepared with tilling and the addition of decomposedorganic matter such as, but not limited to, compost, composted horse manure orcomposted chopped straw or hay. Straw tackifier or matting on steep slopes is required toprevent soil erosion. The addition of decomposed organic matter is also required prior
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to turf installation.
(9)Guarantee of Installation. Required landscape improvements shall be installed prior toissuance of a certificate of occupancy for all structures.
(10)Maintenance. All landscape improvements shall be maintained and replaced by the propertyowner.
(11)Dry Landscape Substitutions
(i)The following table identifies materials that may be used for landscaping purposes:
______________________________________
Table 7.28-8
Material Minimum Size or Example Value Maximum Use
Boulders 24” x 30” Six (6) shrubs per boulder Twenty-five (25) percent
Dry creek bed or other significant landscape feature.
One (1) shrub per twelve (12) square feet
Fifty (50) percent
Shade structure or other structure. Small bridge, pavilion, etc. One (1) shrub per twelve (12) square feet
Fine art/sculpture Small garden ornaments are not included. One (1) shrub per twelve (12) square feet
Twenty-five (25) percent
Low-water Shrubs: density to attain fifty (50) percent bedcoverage after three (3) years
Two (2) gallon container size No limitation
Other installations Play equipment, monuments, etc. As determined by Director As determined by Director
(o)Hydrant Clearance and Landscaping. In addition to the provisions of 13.04.100, no landscaping ispermitted 20 feet above a hydrant.
7.28.060 - Screening.
(a)Purpose. Certain site features are required to be screened from public view or adjacent properties,as indicated in this Section. The purpose of buffers and screening is to mitigate the view, lighting,noise, heat, and odor impacts of vehicles, pavement or other more intense or high intensity uses.All fences, walls and plant materials used to meet the screening requirements of this Section shallmeet the related standards of this Chapter.
(b)Screening Required. The following shall be screened on all properties:
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(1)All outdoor refuse facilities and recycling receptacles.
(2)All antennas shall be located so that they are screened from view from any public right-of-wayor neighboring property. Screening may be accomplished by or through the use oflandscaping materials, existing structures, sub-grade placements or other means that bothscreen the antennas and appear natural to the site.
(3)Satellite dishes shall be screened from neighboring properties. Screening must beaccomplished through the placement of the satellite dish on the building. A separately builtfence may not be used. If this standard cannot be met in a manner that achieves an operablesatellite dish on the property, then the Town will work with the property owner to select theleast visually intrusive placement where the satellite dish is operable.
(4)Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fullyscreened from view from all public rights-of-way and all neighboring properties.
(c)Mechanical Equipment. The standards of this Section shall apply to all of the following:
(1)Electrical and gas-powered mechanical equipment;
(2)Ductwork and major plumbing lines used to heat, cool or ventilate; and
(3)Power systems for the building or site upon which the equipment is located.
(4)Roof and/or wall-mounted antennas and vent openings shall not be considered mechanicalequipment for purposes of these screening standards. The standards of this Section are notintended to apply to solar arrays, solar energy collection systems or small wind energysystems, if such systems are otherwise in compliance with applicable building codes anddevelopment standards requirements.
(d)Screening Standards
(1)Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be screenedby a parapet wall or similar feature that is an integral part of the building's architectural design.The parapet wall or similar feature shall be of a height equal to or greater than the heightof the mechanical equipment being screened. Roof-mounted mechanical equipment, exceptsolar energy collection systems, is prohibited on single-family residential dwellings.
(2)Wall-Mounted Mechanical Equipment. Wall-mounted mechanical equipment, except airconditioning equipment (e.g., window AC units), that protrudes more than six (6) inches fromthe outer building wall shall be screened from view by structural features that arecompatible with the architecture of the subject building. Wall-mounted mechanicalequipment that protrudes six (6) inches or less from the outer building wall shall bedesigned to blend with the color and architectural design of the subject building.
(3)Ground-Mounted Mechanical Equipment. Ground-mounted mechanical equipment shall bescreened from view by landscaping, a fence or a decorative wall that is integrated into thearchitecture of the structure. The fence or wall shall be of a height equal to or greater than the
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height of the mechanical equipment being screened. Integrating plantings into the architectural theme of buildings and their outdoor spaces to lessen differences in architecture, to mitigate building scale, or to integrate the mechanical equipment into the overall look of the site is highly encouraged.
(4)Alternate Screening. Mechanical equipment that is not screened in full compliance with thescreening standards of this Section shall be reviewed in accordance with Section 7.16.080,Development plan. Alternate screening methods may include, but shall not be limited to,increased setbacks, increased landscaping, grouping the equipment on specific portions of asite, architectural features and painting.
(e)Loading and Service Areas.
(1)All service areas shall be placed at the rear, on the side of or inside buildings.
(2)No service area shall be visible from a public right-of-way or from adjacent residential areas.
(3)Service areas and access drives shall be located so they do not interfere with the normalactivities of building occupants or visitors on driveways, walkways, in parking areas or atentries.
(4)Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks,areas designated for permanent parking or storage of heavy vehicles and equipment ormaterials.
(5)Screening shall be long enough to screen the maximum size trailer that can beaccommodated on site.
(f)Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the followingshall be used to screen outdoor storage areas from adjacent properties and ROWs:
(1)Freestanding walls, wing walls or fences;
(2)Earthen berms in conjunction with trees and other landscaping; or
(3)Landscaping, that must be opaque and eight (8) feet in height at maturation.
(g)Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shoppingcart corrals shall be made of a material suitable for withstanding weathering and rusting. Plasticcorrals are prohibited.
(h)Refuse Facility/Dumpsters
(1)All refuse facilities, including new refuse facilities placed on an existing development, shall becompletely screened from the public right-of-way and adjacent nonindustrial zonedproperties.
(2)Screening shall be achieved by a six-foot masonry wall or wooden fence. A gate opening to the
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facility shall be situated so that the container is not visible from adjacent properties or public ROW. Chain-link gates are not permitted. Gates must have tie-backs to secure in the open position.
(i)Screening Materials and Design.
(1)Unless otherwise provided in this Section, screening may be accomplished by fencing, plantmaterials or both fencing and plant materials. Screening with plant materials shall achieveopacity by maturity. Masonry walls may be allowed for screening only if they are designed asan integral component of the building architecture. In all cases, plant materials must beused to screen utility boxes.
(2)No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unlessrequired in other subsections of Section 7.28.060.
(3)Berms
(i)Minimum Requirements:
(A)Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and
(B)Berms must be stabilized with vegetation consistent with the requirements of thelandscape area.
(C)Berm may not be installed as a means to block views of neighboring properties orinterfere with drainage systems.
7.28.070 - Retaining walls.
(a)Purpose. The general intent of the retaining wall standards are to reduce the necessity forexcessive grading and encourage stepping of driveways and buildings with the natural grade.
(b)Standards.
(1)Retaining walls may be utilized only where finished grades cannot meet the recommendedstandards of this Development Code due to naturally occurring topography and other sitedevelopment constraints.
(2)Retaining walls over four (4) feet in height shall be designed with a series of retaining wallswith landscaped terraced steps. The width of the terrace between any two (2) four-foot verticalretaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shallbe separated from any other retaining walls by a minimum of five (5) horizontal feet. Terracescreated between retaining walls shall be permanently landscaped.
(3)A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it isdemonstrated that no alternative site layout is functional.
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(4)The design of retaining walls shall be constructed of materials compatible with the site andmaterials of the structures on the site. Retaining walls and cribbing should utilize naturalmaterials, such as boulders, cut rocks, stone-veneer or textured, color-tinted concrete.Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternativelydesigned retaining walls meet, a cohesive transition between walls must be demonstrated.
(5)Walls over four (4) feet in height or taller or any wall supporting a vehicle load or structure shallbe structurally designed and certified by a Colorado licensed professional engineer orarchitect.
(6)Maintenance. All walls shall be maintained in good repair. Walls shall be regularly inspected toensure stability and safety, and for aesthetic values.
7.28.080 - Fences.
(a)Purpose. The purpose of these regulations is to maintain adequate visibility on private property andin public rights-of-way, to maintain the openness of properties to protect the light and air toabutting properties, to provide adequate screening by regulating the height, location and designand to promote the movement of wildlife through portions of Town.
(b)Fence Design Standards.
(1)Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from theAvon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood,fences should complement the property and landscape rather than contain the property. Thefollowing review criteria apply for the review of fence applications:
(i)Fence material shall be wood and no more than four (4) feet in height. Fences heightshall be measured from finished grade. Grade shall not be altered for the purpose ofincreasing fence height.
(ii)Fences shall be constructed using a split rail design with no more than two (2) horizontalrails;
(iii)Fences shall not be located closer than seven and one-half (7.5) feet from the propertylines;
(iv)Fencesing, either partially attached to a building or free standing, shall not enclose anarea of one thousand two hundred (1,200) square feet or more;
(v)Fences shall ensure that wildlife migration is not negatively affected with the proposedfence design;
(vi)If a fence is part of a multi-family project, approval shall be received from the associationand the fence design shall be integrated with the overall landscape design of theproperty; and
(vii)If a fence is located on a duplex property, written approval shall be received from the
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adjoining property owner and the fence design must be integrated with the overall landscape design.
(viii)If a fence is intended to enclose an area containing more than fifty percent (50%) ediblefood crops, the design must be consistent with the following criteria:
(A)Have a maximum height of six (6) feet;
(B)Have a maximum area of two hundred (200) square feet;
(C)Be at least fifty percent (50%) open;
(D)Fences with wire mesh are encouraged over solid wood; and
(E)Fences enclosed on the top and greenhouses are considered accessorystructures.
(2)All other zone districts:
(i)Compatibility. Walls and fences shall be architecturally compatible with the style, materialsand colors of the principal buildings on the same lot. If used along collector or arterialstreets, such features shall be made visually interesting by integrating architecturalelements, such as brick or stone columns, varying the alignment or setback of the fence,softening the appearance of fence lines with plantings or through similar techniques. Afence or wall may not consist of a solid, unbroken expanse length of more than fifty (50)feet.
(ii)Materials:
(A)Stone walls or brick walls with a stone or cast stone cap, treated wood fences,decorative metal, cast iron fences, stucco walls and stone piers are encouraged.Solid walls and fences are permitted only in rear and side yards. Retaining walls arepermitted where required for grading purposes. Hedges may be used in the samemanner and for the same purposes as a fence or wall.
(B)Fences used in front yards shall be at least fifty percent (50%) open. Allowable fencesare split rail, wrought iron, picket or other standards residential fences of a similarnature approved by the Director.
(C)Solid fences shall be constructed to meet the wind design criteria of the adoptedInternational Building Code, using a basic wind speed of ninety (90) miles per hour.
(D)Other materials may be incorporated in fences and walls and may be approved bythe Director.
(iii)Prohibited Materials. Contemporary security fencing such as razor wire or barbed wireor electrically charged fences are prohibited. Chain-link fencing with or without slats shallnot be used as a fencing material for screening purposes.
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(iv)Height Limitations.
(A)No more than forty-two (42) inches high between the front building line and the frontproperty line. For corner lots, front yard fence regulations shall apply to both streetsides of lot.
(B)No more than forty-two (42) inches high if located on a side yard line in the front yard,except if required for demonstrated unique security purposes.
(C)No more than five (5) feet high for an opaque privacy fence located on a rear propertyline or on a side yard line in the rear yard.
(D)No more than six (6) feet high for opaque privacy fences that are located directlyadjacent to and integrated with the architecture of the house or connected to acourtyard.
(E)No more than thirty (30) inches high when located within the sight distance triangle.Fences within this sight distance triangle shall not be solid.
(F)In the Light Industrial and Commercial (IC) zone district, a chain-link fence ispermitted so long as it is not higher than six (6) feet anywhere on the premises andnot visible at the intersection.
(v)Maintenance. All fences shall be maintained in good repair. Fences shall be inspectedregularly to ensure stability and safety, and for aesthetic values.
7.28.100 - Natural resource protection.
(a)Steep Slopes.
(1)Purpose. The purpose of this Subsection is to:
(i)Prevent soil erosion and landslides;
(ii)Protect the public by preventing or regulating development in locations with steepslopes;
(iii)Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas andprovide access for emergency vehicles necessary to serve the hillside areas;
(iv)Encourage only minimal grading that relates to the natural contour of the land and reducenecessity of retaining walls;
(v)Discourage mass grading of large pads and excessive terracing; and
(vi)Require revegetation and reclamation of slopes disturbed during development.
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(2)Applicability. The standards in this Section shall apply to all new development, with theexception of administrative and minor subdivisions and all other subdivision, PUD andrezoning processes that do not result in an increase in density.
(3)Standards. Development subject to these standards shall comply with the followingstandards:
(i)Development on natural slopes of forty percent (40%) or greater is prohibited.
(ii)Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted,whether to provide for a building site, for on-site utilities or services or for any roads ordriveways, prior to issuance of a building permit in accordance with a grading andexcavation plan and report for the site approved by the Town Engineer.
(iii)Open Space. One hundred percent (100%) of areas with a slope greater than forty percent(40%) shall remain in natural private or public open space, except as expresslyallowed in this Section. This area may be credited toward open space requirements andminimum lot area requirements.
(iv)Minimum Lot Size. Where a lot contains a natural slope area of greater than thirtypercent (30%) that is larger than two thousand five hundred (2,500) square feet, the lotshall be a minimum of one (1) acre in size with a minimum street frontage of one hundredfifty (150) linear feet. Lots shall not be mass-graded to avoid this provision.
(v)Limits on Graded or Filled Manmade or Constructed Slopes.
(A)Grading of slopes to twenty-five percent (25%) or less is greatly encouragedwherever possible.
(B)Graded or filled manmade or constructed slopes shall not exceed a slope of fiftypercent (50%).
(C)Cut man-made surfaces or slopes shall not exceed a slope between twenty-fivepercent (25%) and fifty percent (50%) unless it is substantiated, on the basis of asite investigation and submittal of a soils engineering or geotechnical reportprepared and approved by the Town Engineer, that a cut at a steeper slope will bestable and will not create a hazard to public or private property.
(D)Bedrock which is exposed in a cut slope may exceed the maximum cut slope. Thecut surface of the bedrock should be "sculptured" to create an irregular profilewhich approximates natural rock outcroppings on the site. Planting pockets maybe created in the sculptured rock for grasses and forbs.
(E)All cut, filled and graded slopes shall be re-contoured to the natural, varied contourof the surrounding terrain pursuant to Paragraph (xii)(F) below and Section7.28.050, Landscaping.
(vi)Natural Design:
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(A)Sharp angles shall be rounded off, in a natural manner, at the top and ends of cutand fill slopes (within approximately five [5] feet of the sharp angle). Where thiswould damage tree root systems, the amount of rounding off may be reduced andshrubs used instead to hide the transition.
(B)Slopes providing a transition from graded areas into natural areas should be varied inpercent grade both up-slope and across the slope, in the undulating pattern ofsurrounding natural slopes, so that the top or the toe (or both) of the cut or fill slopewill vary from a straight line in plain view.
(C)Natural grade at the lot lines shall be maintained.
(vii)Separate Pads:
(A)Cutting and grading to create benches or pads for buildings or structures shall beavoided to the maximum extent feasible.
(B)Separate building pads for accessory buildings and structures other than garages,such as tennis courts, swimming pools, outbuildings and similar facilities, shall not beallowed except where the natural slope is twenty percent (20%) or less.
(viii) Parking Areas. Parking areas should be constructed on multiple levels and follow naturalcontours as necessary to minimize cut and fill.
(ix)Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shallcomply with the standards of Section 7.28.070, Retaining walls.
(x)Natural Drainage Patterns:
(A)Site design shall not change natural drainage patterns.
(B)To the maximum extent feasible, development shall preserve the natural surfacedrainage pattern unique to each site as a result of topography and vegetation. Gradingshall ensure that drainage flows away from all structures, especially structures thatare cut into hillsides. Natural drainage patterns may be modified on-site only if theapplicant shows that there will be no significant adverse environmental impacts on-siteor on adjacent properties. If natural drainage patterns are modified, appropriatestabilization techniques shall be employed.
(C)Development shall mitigate all negative or adverse drainage impacts on adjacent andsurrounding sites.
(D)Standard erosion control methods shall be used during construction to protect waterquality, control drainage and reduce soil erosion. Sediment traps, small dams orbarriers of straw bales shall be located wherever there are grade changes to slowthe velocity of runoff.
(xi)Revegetation Required. Any area exposed in new development shall be landscaped or
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revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6), Revegetation plan.
(xii)Streets, Roads and General Site Access:
(A)Access to a building or development site shall be by road, street or private accessroad only.
(B)Streets, roads, private access roads and other vehicular routes shall comply with allrequirements of this Code and design specifications.
(C)Streets, roads, private access roads and other vehicular routes shall not beallowed to cross slopes between thirty percent (30%) and fifty percent (50%) unlessspecifically authorized by the PZC after finding that all of the following conditionsand constraints are applicable:
1)No alternate location for access is available; and
2)No significant adverse visual, environmental or safety impacts will result from thecrossing, either by virtue of the design and construction of the street, road, privateaccess road or other vehicular route as originally proposed or as a result ofincorporation of remedial improvements provided by the developer to mitigatesuch impacts.
(D)Under no circumstances shall any street, road, private access road or other vehicularroute cross slopes greater than fifty percent (50%).
(E)Streets, roads, private access roads and other vehicular routes shall, to the maximumextent feasible, follow natural contour lines.
(F)Grading for streets, roads, private access roads and other vehicular routes shall belimited to the asphalt portion of the right-of-way, plus up to an additional ten (10)feet on either side of the asphalt as needed, except that when developing access onslopes in excess of twenty percent (25%), only the asphalt portion of the right-of-wayshall be graded plus the minimum area required for any necessary curb, gutter orsidewalk improvements. The remainder of the access right-of-way shall be leftundisturbed to the maximum extent feasible.
(G)Roads, other vehicular routes or trails may be required to provide access or maintainexisting access lands for vehicles, pedestrians, emergency services and essentialservices and maintenance equipment.
(b) Stream, River, Waterbody and Wetlands.
(1)Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect andimprove water quality, preserve fish and wildlife habitat and preserve the natural aestheticvalue of streams, rivers, water bodies and wetland areas of the Town.
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(2)Applicability. This Subsection shall apply to all new development, except for the followingdevelopment or activities:
(i)Agricultural activities, such as soil preparation, irrigation, grazing, planting andharvesting;
(ii)Platted residential lots which are less than twenty-two thousand (22,000) square feet insize;
(iii)Maintenance and repair of existing public roads, utilities and other public facilities within anexisting right-of-way or easement;
(iv)Maintenance and repair of flood control structures and activities in response to a floodemergency; and
(v)Wetland and wildlife habitat restoration, construction or enhancement that improves orrestores the wetland or stream corridor functions, provided that the proposed activity isapproved by the appropriate agency such as the U.S. Army Corps of Engineers.; and
(vi)For the purposes of wildfire mitigation in the Wildland Urban Interface (WUI) as determinednecessary by a professional wildfire assessment and as approved by the Town of Avon.
The standards of this Section shall apply in addition to the standards of Subsection 7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two (2), the more restrictive provision shall apply.
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15.08.070
Section 111.21 is amended by the addition of the following language:
“Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All multi-family and commercial projects must undergo an irrigation audit prior to a Certificate of Occupancy. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued”
15.10.080
Section R110, Certificate of Occupancy, is amended by the addition of the following language:
“The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt,
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building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction.
EXHIBIT B
APPENDIX 7-B WATER EFFICIENT
LANDSCAPE DESIGN BUDGET
CALCULATOR
Avon Municipal Code Appendix 7-B: Water Efficient Landscape Design Budget Calculator
Town of Avon requires proposed landscape designs to not exceed 7.5 gallons of water per square foot of
area per season* (Gal/Sf/Season) allocation.
The Water Efficient Landscape Design Budget Calculation is rooted in the formula: Total Landscape Area /
Water Needed to Support Landscaping.
In order to determine the Water Needed to Support Landscaping, all areas within any landscaping plans are assigned one of the following Hydrozone Water Use Categories:
1. No Water
2. Very Low
3. Low
4. Medium
5. High 6. Cool Season / Turf Grass
7. Water Feature
Each Hydrozone Category represents an estimated Water Allocation needed to support its flora (See Table
1:1). Very Low, Low, Medium, and High Hydrozone categories also contain the potential to be Drip
Irrigated or Spray Irrigated (Drip being less water-intensive than Spray).
Table 1:1 - Water Allocation per 1000 sq ft per season by Hydrozone Type Hydrozone Water Use Category Water Allocation for DRIP Irrigation (gallons) per 1000 sq ft Water Allocation for SPRAY Irrigation (gallons) per 1000 sq ft
No Water 0
Very Low 35 42
Low 2,900 3,500
Medium 7,600 9,150
High 10,500 12,500
Cool Season / Turf Grass 15000
Water Feature 15000
Water Use Subtotal (gallons per season)
Water Use Total (gallons per season)
Total Irrigated Area (sq. ft)
Total Project Area (sq. ft)
Gal/Sf/Season
The calculation requires the replacement of these numbers with the square footages of the hydrozones
being proposed. Please see calculation examples for clarification.
*Season can be approximated as the period of time between the average date of the last killing frost in the spring to the average date of the first killing frost in the fall.
CALCULATION EXAMPLES – Next Page
WATER EFFICIENT LANDSCAPE DESIGN BUDGET CALCULATION EXAMPLES
Using these inputs relative to the size of each hydrozone in a single landscape plan, a person can assess the
estimated water use for the entire landscaping plan. The following scenarios showcase the variety of landscaping
plans possible, their estimated water use, and potential for approval under the 7.5 gallon per sf. per season limit.
Scenario One: A landscape plan that is equally split between areas that require no water, and turf grass areas:
Scenario 1: Half Turf Grass
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1500
Very Low 0 0
Low 0 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1500
Water Feature 0
Water Use Subtotal (gallons per season) 0 22500
Water Use Total (gallons per season) 22500
Total Irrigated Area (sq. ft) 1500
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7.5
Takeaways:
• This plan’s water budget is exactly the maximum potential water allocated.
• Any landscaping plan that exceeds 50% turf grass will likely not be approved
Scenario Two: A drip-irrigated landscape plan that is equally split between Low, Medium, and High
Scenario 2: Low/Med/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1000 0
Medium 1000 0
High 1000 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 21000 0
Water Use Total (gallons per season) 21000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Two is less water-intensive than Scenario One, despite 50% of the landscaping in Scenario One
not requiring any water.
• 3000 sq ft of equally mixed Low, Medium, and High hydrozones is less water-intensive that 1,500 sq ft of grass Scenario Three: A drip-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 3: Low/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1500 0
Medium 0 0
High 1500 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 20100 0
Water Use Total (gallons per season) 20100
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Three is less water-intensive than Scenario Two
• A medium water hydrozone does not represent the median between the low and high hydrozones
Scenario Four: A spray-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 4: Low/High Mix SPRAY
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 0 1500
Medium 0 0
High 0 1500
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 0 24000
Water Use Total (gallons per season) 24000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 8
Takeaways:
• This plan’s water budget is above the maximum potential water allocated.
• Scenario Four is more water-intensive than Scenario Three, despite the hydrozone area sizes remaining the same in both
• Spray irrigation is more water-intensive than drip irrigation, and could be the difference between approval / denial of a landscaping plan Scenario Five: An equal mix of drip irrigated, Very Low and Low hydrozones, and Turf Grass
Scenario 5: Very Low / Low / Turf Mix
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 1000 0
Low 1000 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1000
Water Feature 0
Water Use Subtotal (gallons per season) 2935 15000
Water Use Total (gallons per season) 17935
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.0
Takeaways:
• Very Low and Low hydrozones can be adequate off-sets for turf grass area Scenario Six: An equal mix of all hydrozones AND an additional water feature
Scenario 6: Mix All
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1000
Very Low 1000 0
Low 1000 0
Medium 0 1000
High 0 1000
Cool Season / Turf Grass 1000
Water Feature 500
Water Use Subtotal (gallons per season) 2935 44150
Water Use Total (gallons per season) 47085
Total Irrigated Area (sq. ft) 5500
Total Project Area (sq. ft) 6500
Gal/Sf/Season 7.2
Takeaways:
• Equally mixed hydrozones have the potential for approval, even when water-intensive water features are included.
• A 1,000 sq ft water feature would exceed the 7.5-gallon allocation
ATTCHMENT B
CORRESPONDENCE FROM
ERWSD & ERWC
November 28, 2022
Mr. Matt Pielsticker, AICP, Planning Director Town of Avon
100 Mikaela Way Avon CO 81620
RE: Landscaping Regulations Code Text Amendments
Dear Matt:
The Eagle River Water & Sanitation District (District) greatly appreciates the Town of Avon’s work in developing landscaping standards that support the District’s goals for water conservation. The Town’s goals of encouraging learning and education that will connect landscaping design to outdoor water use requirements will be our most effective strategy to reduce overall outdoor water use in our community. Aligning landscape design standards with our region’s semi-arid climate will reduce water use and protect property owner investment and community aesthetics during drought periods. Furthermore, focusing on fire-wise landscape design will protect our watershed, the source of our water supply and high water quality, from the impacts of wildfire damage.
The District has set a goal of reducing total community water use to ensure a reliable water supply in the face of regional aridification that is reducing our natural water supply over time. To achieve this goal, we are developing a new water rate structure that will ensure a reliable and
drought-resilient water supply by creating pricing signals that communicate what customer’s water use target should be. Many of our existing customers will need to make changes to their landscaping to meet their water use target, and Avon’s standards can additionally inform
customer landscape conversions. A well-informed and aligned landscape standard may well inspire other municipal governments to adopt progressive guidelines that support water conservation. We appreciate your partnership in this important initiative and support the adoption of a Landscaping Code Text Amendment.
Following are general comments about the proposed code text amendments, and we look forward to meeting with you in person on November 29 to discuss these in more detail.
1.Being consistent with “landscape design irrigation budget” terminology should help withpreventing confusion with “water budget” terminology used by the District. We appreciatethe distinction.
2.Inspections are key to getting things done right. Soil amendments, irrigation system
installation, and plant material placed in the ground need to be verified. How will Avonaddress this? Is there a system in place to cover these inspections? If not, we stronglyrecommend that Avon develop an inspection program specific to landscaping. A post-
construction irrigation audit also is important to ensure appropriate irrigation water is being applied and that the irrigation controller is programmed and operating properly.
3.The plant list included in Appendix 7-C is exhaustive and may cause confusion andconsternation with homeowners. We suggest a more simplified approach and refer
people to the www.plantselect.org website for plant material choices that are suited forthe Rocky Mountain Region rather than including a static plant list in the landscapingcode. This website has many features, including photographs of plants, downloadabledesign information, contact information to reach experts and many more resources, andit is updated regularly with current information.
4.Increasing landscape design irrigation budget by giving credit for special features[7.28.050 (e)] is counter to our goal. Driving down outdoor water use to using only whatis needed is our goal. We suggest that any incentive to increase the landscape designirrigation budget be removed from the code.
5.Rain barrels are permissible under C.R.S. 37-96.5-103 where precipitation is collectedfrom the rooftop of a building that is used primarily as a single-family residence or amulti-family residence with four or fewer units. Avon should cite this reference as the
State Engineer has the authority to curtail rain barrel usage in the future. Prescribing rainbarrel use as proposed in the code text amendment could eventually conflict with thestatute.
6.Reference to avoiding fire-prone plant materials is appreciated and the section onWildland Urban Interface [7.28.050 (h)] is good. If more resources are needed for what
to plant, what not to plant and where, that information can be found at the ColoradoFirewise USA® Sites with Colorado-specific information about Protecting Home andProperty From Wildfires, a Home Ignition Zone Guide, Fire-Resistant Landscaping, andFirewise Plant Materials.
7.Non-native, nonessential turf grass is the worst plant material when it comes to waterefficiency and the District offers rebates and incentives to promote water efficiency. Itwould be good to refer to the District’s website for water efficiency and it may be best toincorporate that through links on the Town’s website. We can discuss how best tocoordinate communication and messaging when we meet face to face.
8.Amending the soil is essential for ensuring that new landscaping takes and subsequentlythrives. The quality of the organic amendment and how it is incorporated into the soil iscritical. Avon should consider requiring a soil analysis that includes specific
recommendations based on the soil test results for the type of plant material to be grownin each landscaped area. The type and volume of soil amendment should be determinedby a soil scientist and be consistent with the indigenous soil and the needs of the plant
material in each area of the landscape.
9.In the memo to the Planning & Zoning Commission agenda packet for the November 15,2022 meeting, reference was made to Castle Rock with a link to their LandscapeInformation and Forms webpage. We suggest that Avon consider incorporating some ofthe technical criteria contained in their Landscape and Irrigation Criteria Manual, with
appropriate adjustments for local conditions in the Avon area. Castle Rock’s manual has
evolved over the course of nearly two decades and has proven effective as a water management tool.
We appreciate the opportunity to work with Avon to help reduce outdoor water demand and look forward to meeting with you on November 29. Please feel free to contact me at (970) 445-7516
or Tim Friday at (970) 963-8983.
Sincerely,
Jason Cowles, P.E. Director of Engineering and Water Resources
Cc: Diane Johnson, Communications and Government Affairs Manager Tim Friday, Planning & Water Resources Manager Jena Skinner, Town of Avon Max Morgan, Town of Avon
1
Jena Skinner
From:James Dilzell <dilzell@erwc.org>
Sent:Thursday, December 22, 2022 12:07 PM
To:Jena Skinner
Cc:EC Conservation District; Max Morgan; Matt Pielsticker
Subject:Re: Landscape Conversion Program
Jena,
This is a highly comprehensive rewrite and I am glad to see language prohibiting non‐functional turf grass. My only
additional comment would be recommending smart irrigation controllers (pages 27 & 28) for new irrigation systems, if
possible.
Thanks for the follow‐up!
Best,
James
James Dilzell he/him
Executive Director
Eagle River Watershed Council
>>What is the Watershed Council?
PO Box 1477 | Gypsum, CO 81637
W: 970.827.5406 | C: 216.509.1454
Learn more at ERWC.org
ATTCHMENT C
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ATTCHMENT D
WATER EFFICIENT REBATE
GUIDE - ERWSD
2022 Water Efficiency Rebate Program
Eligible Properties Rebate Name Rebate Credit
Residential Irrigation Audit $75
Commercial/Irrigation-Only
/HOA Irrigation Audit $125
All Smart Irrigation Controller $100
All Irrigation Efficiency Bundle 25% of a customer’s cost
up to $1,000
All Turf Replacement Rebate $1.00 per square foot.
Irrigation Audit Rebate:
Irrigation audits are required for commercial, irrigation-only, and HOA accounts to participate in
other components of the rebate program; residential customers may choose to do an irrigation audit, but it is optional.
•Residential Accounts (Optional – does not impact eligibility for other rebates)
o ERWSD will provide a $75 rebate for residential customers who choose to have
an irrigation audit performed by a certified irrigation auditor.
o Below are links to certified irrigation auditors:
▪Qualified Water Efficient Landscaping Professionals - local
▪Irrigation Association Certified Irrigation Professionals
o A homeowner may also choose to perform a self-audit. However, the self-audit
does not qualify for the $75 rebate. Self-audit forms can be found in Appendix A.
o Contact Customer Service at 970-477-5451 for more information.
Page 2 of 3
Irrigation Audit Rebate: Continued
•Multi-family Residential, Commercial, or Irrigation-Only Accounts (Required forparticipation in other rebates – excluding turf replacement)
o ERWSD will provide a $125 rebate for accounts that perform a third-party
irrigation audit for multi-family, commercial, or irrigation-only accounts.
o Audits must focus on common space irrigated areas serviced by the account.
o Customers must also schedule an irrigated area assessment with ERWSD prior
to receipt of an irrigation audit rebate.
Irrigation System Rebate
•Smart Irrigation Controller
o ERWSD will provide a rebate for up to $100 off the cost of a new EPAWaterSense-certified smart irrigation controller.
o For a list of qualifying weather-based smart irrigation controllers, or soil moisture-based irrigation controllers, please reference the EPA WaterSense irrigationcontroller product list.
o Smart irrigation controllers must be used to replace manually adjusted, timer-based irrigation controllers.
o This rebate can be used one time per account in a 10-year period and may becombined with the irrigation efficiency rebate at the discretion of ERWSD.
•Irrigation Efficiency Bundle
o ERWSD will rebate 25% of a customer’s expenses, up to $1,000, to offset thecosts of upgrading and implementing a home’s irrigation system.
o For all customers, an irrigation audit is required to participate in the IrrigationEfficiency Bundle rebate.
o The Irrigation Efficiency Bundle Rebate may only be used for equipment and/orirrigation system upgrades and cannot be used for costs associated withlandscape design, consultations, or installation services.
o Examples of efficiency improvements include but may not be limited to
▪replacing old, non-efficient sprinkler heads/bodies with low-flow dripirrigation
▪replacing pop-up spray heads with low-flow, multi-stream nozzles
▪installing pressure regulators
▪implementing low-lying sprinklers
▪upgrading traditional timed irrigation controllers to “smart” irrigationcontrollers
▪installing soil moisture sensors
o The Irrigation Efficiency Bundle rebate may be combined with the irrigationcontroller upgrade rebate at the discretion of ERWSD.
Page 3 of 3
o The irrigation efficiency bundle rebate may only be used one time per customerin a 10-year period.
o For a list of qualifying sprinkler products, please refer to the EPA WaterSenseapproved spray sprinkler bodies product list.
Turf Replacement Program
•Turf Replacement Rebate
o District/Authority customers, registered in WaterSmart, are eligible for a rebate of$1.00 per square foot of turf removed.
o The area converted must be a previously irrigated, established, non-native lawn.
o Customer must remove a minimum of 100 square feet of irrigated turf. Acustomer may apply for the rebate in future years, but must remove 100 squarefeet of turf for each rebate.
o There is no upper limit on the amount of qualifying turf that can be replaced.
o To receive a turf replacement rebate, ERWSD must be able to validate existingturf areas prior to the start of the project. Turf that is dead or dying from lack ofirrigation will qualify for a rebate. However, bare dirt does not qualify for a rebate.
o Turf must be replaced with alpine or adapted vegetation, and/or hardscape, asapproved by ERWSD. Colorado native grasses may qualify if they are notmowed.
o Rebates will not be provided for artificial turf or hard scape installation associatedwith pools, fountains, hot tubs, or other water features.
o ERWSD will work with customers to verify that turf replacement activities meetour program goals.
o Turf replacement activities must follow the Town of Vail and/or Eagle River FireProtection District guidance on defensible space.
▪Town of Vail Defensible Space Guidance
▪Eagle River Fire Protection District Guidance
ATTCHMENT E
REFERRAL COMMENTS
Proposed Landscaping Code Text Amendment Referral February 2023 You are receiving this information as a licensed entity doing business in Avon, that may be affected by this upcoming Code Text Amendment. The Town’s Landscaping Standards, contained within Avon Municipal Code (“AMC”) Section 7.28.050 and in Title 15, are currently being examined and changes are proposed. The purpose of this referral is to offer you an opportunity to provide feedback for this project. This review of landscaping intends to coincide with a more wholistic review of all water management systems within the Town, including an assessment of the Town’s water rights, current irrigation practices, and rectifying the Town’s water supply and use information with Eagle River Water and Sanitation. Here is a summary of proposed goals for updated Landscaping Standards:
Phase 1 – Code Text Amendment
• Implement water budgeting practices for new landscape designs. This amendment proposes the greatest degree of learning and education for both Staff and the public.
• Incorporate best practices above those currently being implemented. E.g., Wildland Urban Interface considerations. With a decrease of water available in general, it will be more important to consider both what and WHERE to plant materials, especially in more arid areas of Town. New considerations are proposed.
Phase 2 – Ancillary Documents (Post Code Text Amendment)
• Create Landscape Design Guide, with pictures and plant lists.
• Produce “Mountainscape” designs that include conservative water use examples and fire mitigation [TBD]. We anticipate this will be accomplished as a list to be incorporated as part of the
comprehensive Landscaping Guide that demonstrates “how” to create appropriate hydrozone planting areas and educates the public in what species are most appropriate for the area.
• Incentivize landowners to convert current water-intensive landscapes. The Town of Avon is considering creating a webpage with cross-links for rebates from ERWSD, etc. The Landscape Design Water Budgeting is a tool to measure and ensure water is used effectively and appropriately for Avon’s specific climate. At the municipal level, it is becoming more common to see water budgeting in practice. In Fort Collins, water budgets are used for informational purposes only, to give real-time information on water use as it relates to other properties of a similar type and size. Aspen, Boulder, and Greely are also actively using irrigation water budgeting as a tool to manage outdoor water use. If you have any comments, please reply via email no later than February 20th using the subject: Landscape Code Text Amendments Thanks! Jena Skinner, AICP
Town Planner 970.748-4023
jskinner@avon.org
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7.28.050 - Landscaping.
(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town:
(1) Integrates building sites with natural topography and existing vegetation;
(2) Minimizes disturbed areas;
(3) Conserves limited water resources by prescribing acceptable water irrigation design budgets;
(4) Reduces water use and off-site impacts which can affect the Eagle River;
(5) Reduces the amount of reflected glare and heat absorbed in and around developments;
(6) Breaks up large expanses of parking lots; and
(7) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses.
(b) Applicability. This landscaping Section shall apply to all new development and redevelopment as provided in Subsection 7.28.010(b). Applicability. Applicability of the provisions of this Section shall be as indicated in Table 7.28-6 below.
(1) Landscape plans for multi-family and commercial properties shall be designed by a licensed landscape architect, QWEL certified professional, or a professional landscape designer, unless otherwise specified. Inspection and compliance with approved landscape plan must be obtained prior to issuance of a certificate of occupancy.
(2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property with an existing irrigation system, may require a combined assessment of the total irrigated area and water use as part of the development permit review.
(c) Required Landscaped Area. Maximum irrigated area for each zoning district shall be as indicated in Table 7.28-6, below.
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Table 7.28-6
Minimum Landscaped Area and Maximum Irrigated Area by Zoning District
Zoning Districts Minimum Landscaped Area (% of Gross Lot Size) Maximum Irrigated Area (% of Landscaped area)
NC, MC, TC, IC 20 20% of area up to 5,000 square feet
RSF, RL, RM, RH 25 20% of area up to 5,000 square feet
P, PF, OLD 0 n/a
CTA22004 Exhibit A Page 2
(c) Landscape Design Irrigation Budget.
(1) All irrigated landscaped areas must be included in the calculation (Appendix 7B). The total irrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5 gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of the Director of Community Development, an increase in the landscape design irrigation budget to 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one or more of the following landscaping design elements to incentivize health landscapes:
(i) Non irrigated protected native vegetation.
(ii) Ecological restoration areas.
(iii) Non-irrigated permeable areas.
(iv) Stormwater conveyance infrastructure.
(d) Plant Material and Water Need
(1) Aside from the use of invasive and/or noxious plant species, any plant can be utilized in a landscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires each plant to be classified as low water, medium water, or high-water use. These categories are necessary for calculating the plant water need. An estimate of the plant water needs in gallons per square foot per season, must be provided for any proposed vegetation in the proposed landscaping design.
(2) Each hydrozone shall plant materials with similar water use.
(3) Plants shall be selected and planted appropriately based upon their combatibility factor and adaptability to the climatic, soils, ignition potential, elevation, and topographical conditions of the project site. To encourage efficient use of water, the following are highly recommended:
(i) Protection and preservation of native species and natural vegetation to the greatest extent practicable.
(ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance.
(iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure.
(iv) Consideration of the solar orientation and type of plant with plant placement to maximize summer shade and winter solar gain.
(v) Consideration of wildlife. The Town of Avon does not recommend use of fruit-bearing vegetation that may increase human-wildlife conflicts. Any damage resulting from wildlife foraging on fruit-bearing landscaping material is the responsibility of the property owner.
CTA22004 Exhibit A Page 3
(4) Protected native vegetation areas without irrigation are incentivized through the landscape design irrigation budget calculation.
(5) Invasive and/or noxious plant species are prohibited.
(6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be implemented on steep slopes.
(7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper than 6 inches (6”) and must be as far from tree trunk as practically possible. Do not cut roots larger than four inches (4”) in diameter (dig under or around).
(8) Stormwater management practices minimizes runoff and increases infiltration which recharges groundwater and improves water quality. The implementation of stormwater best management practices like use of bioswales in landscape and site plans is encouraged.
(9) Green stormwater infrastructure is incentivized through the landscape design irrigation budget calculation. The following treatments associated with the landscape and described in the drainage report will have the following hydro zone values:
(i) Non-irrigated permeable surfaces without plants are incentivized through the landscape design irrigation budget calculation.
(ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated bioswales shall apply a plant factor value representing the plantings with an efficiency value based on the irrigation method. These areas are incentivized through the landscape design irrigation budget calculation.
(10) Project applicants shall refer to the Town of Avon Engineering Department for information on any applicable stormwater ordinances and stormwater management plans.
(d) (e) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use abuts a residential district or use:
(1) A minimum fifteen-foot-wide buffer space shall be provided.
(2) The buffer shall be designed with adequate landscaping or screening to properly separate the differing uses.
(3) New trees and shrubs shall be evenly spaced at planting.
(4) A solid masonry Wwalls, boulders, fencing, or a combination of design elements that support the intention of creating a buffer, minimum six (6) feet in height, may be substituted for required shrubs.
(5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(6) If used in addition to a landscape screen, fences shall have additional evergreen shrubs
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planted on the residential side of the fence.
(7) Mechanical equipment, permanent detention and temporary erosion and sedimentation control basins are prohibited in the buffer area.
(8) Utility easements should avoid being placed in the long dimension of a buffer yard.
(9) Wherever practical, pedestrian access shall be placed through the buffer yard.
(f) Wildland Urban Interface. All landscaping improvements installed after the effective date of these regulations must comply with any WUI policies, plans, or codes, as adopted and amended by the Avon Town Council.
(1) Avoid fire-prone plant materials and highly flammable mulches and design landscaping per its wildfire hazard potential. Landscaping design plans for projects in fire-prone areas shall address fire safety and prevention. Further, all landscape plantings for properties in a potentially moderate or high wildfire hazard zone must be predominantly Firewise or placed per best wildfire practices for planting within 30 feet of a residence.
(i) 0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall not be planted within the first five feet of any structure. Landscaping in this zone may include hardscaping such as on-grade patios, walkways, driveways, or similar; non-combustible mulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover.
(ii) Trees planted immediately adjacent to the five-foot zone that encroach within five feet of a residence should be limbed up to a height of six feet or one-third the total height whichever is less and should be trimmed or pruned to leave at least a two-foot gap between the nearest branch and the building.
(2) Wildfire mitigation is permitted within areas classified or restricted as non-developable. Proposed mitigation in these areas must be approved by the Town of Avon.
(g) Road Right-of-Way. Landscaping outside of necessary revegetation materials used for erosion control or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any right-of-way.
(1) Landscaping placed adjacent to road-right-of-way may not encroach into actual road-right-of-way. Encroaching landscaping may be removed by Town of Avon.
(2) Approved address markers may be placed in road-right-of-way with permission.
(e) (h) Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping shall be provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped area, whether irrigated or not, with no more than fifty percent (50%) of any one variety. At least twenty-five percent (25%) of all required landscape units shall be provided as trees, or, two (2) low-water, shrubs in lieu of one (1) tree. The following table indicates the landscape units awarded for various preserved or planted landscape materials including stormwater management Best Management Practices (BMPs):
CTA22004 Exhibit A Page 5
(i) Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetation and non-vegetative alternatives (e.g., boulders) to create creative installations with varying heights.
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Table 7.28-7 Landscape Units Awarded Materials - Size and Area Requirements
Landscape Material Landscape Units Awarded
Newly Installed Existing Retained
Evergreen Tree minimum 1.5” Caliper
Evergreen tree, > 10' high 8 14
Evergreen tree, > 8—10' high 8 11
Evergreen tree, 6—8' high 6 9
Evergreen Tree, < 6' high 1 2
Deciduous Tree minimum 1.5” Caliper
Deciduous tree, > 8" caliper 10 14
Deciduous tree, > 4—8" caliper 8 11
Deciduous tree, > 2.5—4" caliper 7 9
Deciduous tree, 1.5—2.5" caliper or multi-stem 4 4
Deciduous tree < 1.5" caliper 1 2
Shrubs, minimum 5-gallon 1 1.2
Shrubs, 3-gallon 0.8 0.9
Perennials / ground cover, minimum 2.5 Qt or 1-gallon 1 per 400 sq. ft.
Annual flower bed – No minimum plant size (Calculated by area) 1 per 400 sq. ft.
Xeriscape Low-water or ‘Mountainscape’ ground cover – No minimum plant size (Calculated by area using mature width of plants) 2 per 200 sq. ft.
Flower basket support 0.2 per basket
Earthen berm, minimum 18" high 0.05 per linear foot
Hardscape Material Units Awarded
Split rail fence 0.20 per linear foot (0 in Wildridge)
Screening (opaque) fence 0.40 per linear foot (0 in Wildridge)
CTA22004 Exhibit A Page 6
Shredded bark or 2"- rock mulch such as river rock 1 per 500 sq. ft.
Ornamental pavers – not to exceed 50% (Calculated by area) 1 per 250 sq. ft.
Permeable Pavement – not to exceed 50% (Calculated by area)
Landscape boulders, 3' or greater in height 2 per boulder
Rockery – No minimum plant size (Calculated by area)
Crevice Garden – No minimum plant size (Calculated by area)
Seating – No minimum (Calculated by area) 0.40 per linear foot
Landscape lighting, sculpture, art, and/or sheltering structure/landmark, rain garden, bioswale,, use of recycled and/or repurposed materials – No minimum plant size (Calculated by area) As determined by Director
Retained Existing Landscape Unit Bonuses Bonus Landscaping Units Award
Low-water native vegetation as defined by CO Native Plant Society (CoNPS) – No minimum plant size (Calculated by area)
CoNPS Certified Native Garden “Bronze” – No minimum plant size (Calculated by area)
CoNPS Certified Native Garden “Silver” – No minimum plant size (Calculated by area)
CoNPS Certified Native Garden “Gold” – No minimum plant size (Calculated by area)
80% or more of total landscaped area on temporary irrigation 50%
(j) Plant selection shall emphasize low-water native mountain region vegetation (‘Mountainscape’) and shall limit the use of high-water use plant species. All required landscapes, except for dry landscapes, shall include a designed irrigation system.
(k) Non-Native Turf Grass. Irrigated turf may be used for essential uses including parks, sports fields, playgrounds, and in reasonable portions of residential yards. Use of Kentucky Bluegrass is prohibited in nonessential areas. Nonessential irrigated turf is to be replaced with water-wise landscaping as much as practicably possible without impacting quality of life or landscape functionality.
Examples of nonessential turf areas include but are not limited to: medians; areas adjacent to open spaces or transportation corridors; areas sloped with more than a twenty-five percent grade; storm water drainage and detention basins; commercial, institutional, or industrial properties; areas that are neither designed nor used for passive or active uses.
(l) Rockeries.
(1) Purpose. The general intent of the planted rockery standards is to reduce the necessity for excessive grading and encourage stepping of driveways and buildings with a natural landscape feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallen rock with vegetation) common in alpine environments.
CTA22004 Exhibit A Page 7
(2) Standards for Planted Rockeries.
(i) Rockeries may be utilized wherever finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints.
(ii) Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, or grass plantings.
(iii) A rockery shall not exceed seven (7) feet in height unless approved by the PZC.
(iv) The design of rockeries shall be constructed of materials compatible with the site local geology.
(v) Rockeries over four (4) feet in height shall be structurally designed and certified by a Colorado licensed professional engineer or architect.
(f) m) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street surface parking lots.
(1) Parking Lot Perimeter Landscaping:
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all parking lots having more than ten (10) spaces.
(ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material, dryscape materials, or combination thereof.
(iii) Where lots are being developed in a mixed-use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to both parking lots.
(2) Internal Landscaping:
(i) Landscape strips shall be installed between the parking rows of every other double row of parking when parking rows exceed fifty (50) parking spaces.
(ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a parking row, either within the parking row or at the end of the parking row.
(3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped areas.
(4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate
CTA22004 Exhibit A Page 8
pedestrians from vehicles. Internal landscape islands shall:
(i) Be a minimum of six (6) feet in width.
(ii) Be at least two hundred (200) square feet.
(iii) Be sunken below the level of the parking lot surface to allow for runoff capture within bioswales or similar.
(iv) Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamental grasses in each island.
(v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of fifty percent (50%) nonliving landscaping material. Approved Ssidewalks or pathways may be are not counted toward the nonliving landscape material percentage.
(5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate pedestrians from vehicles. Internal landscape strips shall:
(i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii) Include a four-foot-wide sidewalk and a six-foot-wide planting strip area for installing landscaping.
(iii) Meet planting requirements for interior landscape islands, as outlined above.
(6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be established at street intersections by maintaining a maximum height for shrubs and ground cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet of the ground. All applicable sight distance requirements must be met for parking lot internal circulation and access points to the public right-of-way.
(f) (n) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining walls and berms, must be specifically approved and shall conform to the following standards:
(1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees, unless wildfire mitigation is necessary. Landscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where the Director accepts the existing vegetation as being in good health and meets the intent of the landscaping requirements of this Chapter.
(i) No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found by the Director to be imminently threatening property, at risk of disease due to overcrowding, posing high fire danger, or potentially encroaching into easements shall be removed.
CTA22004 Exhibit A Page 9
(iii) All native landscaping shall be kept in its native state, to the greatest extent practicable.
(iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth in this Section.
a. Significant Trees. Significant trees, as defined by this Section, shall be preserved to the maximum extent feasible.
(1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above the ground.
(2) When a significant tree is removed, it shall be replaced on the lot or offsite on an approved location with a minimum of two trees a minimum height of eight (8) feet or a minimum caliper of two and one-half (2.5) inches. Alternative landscaping in the way of art installations or similar non-irrigated materials may be considered in lieu of vegetation.
(3) Replacement trees shall be maintained through an establishment period of at least three (3) years, except that single-family and duplex dwellings shall have an applicable establishment period of one (1) year.
(4) It is the responsibility of the property owner to preserve and maintain any established significant tree. Maintenance shall include wildfire mitigation.
(5) Alternative tree removal guidelines are at the discretion of the Director through an Alternative Equivalent Compliance application.
(2) Protective Fencing During Construction. All vegetation, significant trees and trees intended for use as credit towards the landscaping and tree protection standards of this Development Code shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. The Director shall consider existing site conditions in determining the exact location of any tree protection fencing.
(i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent method of fencing at the perimeter of the designated building envelope and a minimum of four (4) feet in height at the drip line around each tree or group of trees within the building envelope to prevent the placement of debris or fill on vegetation to be preserved or within the drip line of any tree.
(ii) Inspection. All tree and vegetation protection measures shall be inspected and approved by the Director prior to start of any land disturbing activities. Failure to have protection measures inspected prior to the commencement of construction is a violation of this Development Code.
(3) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of permissible plant species that are compatible with various climate zones specifically found in
CTA22004 Exhibit A Page 10
the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and may be amended from time to time. The use of native plants as defined by the CO Native Plant Society is recommended. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water conservation goals and would provide the same or better level of visual benefits, and have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town.
(4) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-native, or diseased vegetation is required and shall be in compliance with Chapter 8.36.
(5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the original location. It may not be possible to remove the dead vegetation in its entirety due to erosion or similar concerns. Dead vegetation may be replaced with non-vegetative materials (e.g., a boulder, art/sculpture, etc.), upon approval of the Director.
(6) Landscape Plan Required. All -landscape plans must note and delineate:
(i) All planting areas
(ii) Hydrozones with similar microclimate, soil conditions, slope, and plant materials with similar water demand. Individual hydrozones that mix high and low-water use plants shall not be permitted. Hydrozone areas shall be designated by water use intensity and identified by number, letter, or other designation on the landscape design plan and irrigation design plan.
(iii) Type of mulch and application depth.
(iv) Identify soil amendments, type, and quantity.
(v) Quantify areas of both pervious and impervious hardscapes.
(vi) Location and installation details of applicable stormwater features including infiltration beds, swales, and basins that allow water to collect and soak into the ground.
(vii) Detail any applicable rain harvesting, or catchment technologies as permitted by the State of Colorado.
(7) Irrigation Plan Required.
i. Irrigation Plans shall demonstrate the following:
(A) Backflow prevention devices that protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes.
(B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point of connection of the water supply.
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(C) Master shut-off valves and flow meters integrated with the automatic irrigation controller on all projects except irrigation systems that make use of technologies that allow for the control of sprinklers that are individually pressurized.
(D) Dedicated landscape water meters or sub meters for all non-residential irrigated landscapes five thousand (5,000) sq. ft. or more.
(E) For all nonresidential properties, smart irrigation controllers labeled by U.S. Environmental Protection Agency's WaterSense Program or with published reports from Smart Water Application Technologies are required. If a flow meter is used, then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal.
(F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present.
(G) The following table shall be provided on all irrigation plans:
Landscape Area Provided % of Lot/ Square Footage
Total irrigated area % of landscaped area/ square footage
Spray area % of irrigated area/ square footage
Drip area % of irrigated area/ square footage (measured as three (3) square feet per sprinkler head, unless otherwise shown) ii. The irrigation system design shall:
(A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. Restrictions regarding overspray and runoff may be modified if the landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping.
(B) Conform to the hydrozones of the landscape design plan.
(C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the manufacturer's recommendations.
(D) Meet the required operating pressure of the emission devices using valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, booster pumps, or other devices. The pressure and flow measurements identified at the design stage will be verified prior to the installation of the system.
(E) Meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard
CTA22004 Exhibit A Page 12
authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third-party.
(F) Achieve the highest possible sprinkler spacing distribution uniformity using the manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard.
(G) Minimum pop-up height for sprinklers in turf-grass areas is 6”.
iii. All irrigation shall be designed and operated according to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD).
iv. Above ground temporary sprinkler irrigation may be used to establish vegetation on otherwise non-irrigated portions of the landscaped areas; however, such temporary systems must be removed upon sufficient vegetation establishment as determined by the Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees.
v. Irrigation Management.
(A) Irrigation management includes planning water use, monitoring water use, and verifying that the equipment is maintained and properly adjusted for optimal performance.
(B) Add landscape materials adjustments to the system should be in harmony with the original intent of the irrigation design.
(C) Scheduling of irrigation events should match the needs of the plants to maintain health, appearance, and meet the function of a landscape.
vi. Irrigation Audit
(A) All multi-family and commercial projects must undergo an irrigation audit prior to Certificate of Occupancy. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping.
(B) All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person or company who installed the irrigation system.
(C) The irrigation audit report shall include, but is not limited to:
a. System test with distribution uniformity for all turf areas and at least 10% of remaining zones for a well-represented collection of zones;
b. Reporting overspray or runoff that causes overland flow;
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c. Examination of an irrigation schedule, or preparation of one if necessary, including irrigation controller’s configuration with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming; and
d. System tune-up recommendation. Applicant will work with auditor to reconcile recommendations & off the punch list to meet the standards.
vii. Soil Amendment.
(A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall consist of material best suited for the subject property. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation.
(B) Amended tree soil should have a minimum planting hole diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil layers shall consist of material best suited for the subject property. The percent of organic matter for the topsoil and subsoil shall be measured by weight in accordance with best planting practices. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation.
(C) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons that impact plant growth or exceed the Environmental Protection Agency’s standards for soil containment.
(D) All applicable soil criteria and standards shall be noted on the landscape design plan.
(1) Mulch Criteria.
a. Organic mulch material, depth, and coverage, shall be applied as appropriate to each species and mulch type. It shall be applied to the soil surface and not against the plant stem or high against the base of the trunk to minimize disease.
b. Organic mulch material includes bark and wood chips. Mulch consisting of construction debris such as pallets is prohibited.
c. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a minimum depth of two inches (2”). Inorganic mulch is recommended where practicable as it does not hold or absorb water.
(8) Revegetation Required.
(i) All disturbed areas must be adequately reseeded and restored on all projects.
(ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed organic matter such as, but not limited to, compost, composted horse manure or composted chopped straw or hay. Straw tackifier or matting on steep slopes is required to prevent soil erosion. The addition of decomposed organic matter is also required prior
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to turf installation.
(9) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures.
(10) Maintenance. All landscape improvements shall be maintained and replaced by the property owner.
(11) Dry Landscape Substitutions
(i) The following table identifies materials that may be used for landscaping purposes:
______________________________________
Table 7.28-8
Material Minimum Size or Example Value Maximum Use
Boulders 24” x 30” Six (6) shrubs per boulder Twenty-five (25) percent
Dry creek bed or other significant landscape feature. One (1) shrub per twelve (12) square feet Fifty (50) percent
Shade structure or other structure. Small bridge, pavilion, etc. One (1) shrub per twelve (12) square feet
Fine art/sculpture Small garden ornaments are not included. One (1) shrub per twelve (12) square feet Twenty-five (25) percent
Low-water Shrubs: density to attain fifty (50) percent bed coverage after three (3) years
Two (2) gallon container size No limitation
Other installations Play equipment, monuments, etc. As determined by Director As determined by Director (o) Hydrant Clearance and Landscaping. In addition to the provisions of 13.04.100, no landscaping is permitted 20 feet above a hydrant.
7.28.060 - Screening.
(a) Purpose. Certain site features are required to be screened from public view or adjacent properties, as indicated in this Section. The purpose of buffers and screening is to mitigate the view, lighting, noise, heat, and odor impacts of vehicles, pavement or other more intense or high intensity uses. All fences, walls and plant materials used to meet the screening requirements of this Section shall meet the related standards of this Chapter.
(b) Screening Required. The following shall be screened on all properties:
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(1) All outdoor refuse facilities and recycling receptacles.
(2) All antennas shall be located so that they are screened from view from any public right-of-way or neighboring property. Screening may be accomplished by or through the use of landscaping materials, existing structures, sub-grade placements or other means that both screen the antennas and appear natural to the site.
(3) Satellite dishes shall be screened from neighboring properties. Screening must be accomplished through the placement of the satellite dish on the building. A separately built fence may not be used. If this standard cannot be met in a manner that achieves an operable satellite dish on the property, then the Town will work with the property owner to select the least visually intrusive placement where the satellite dish is operable.
(4) Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fully screened from view from all public rights-of-way and all neighboring properties.
(c) Mechanical Equipment. The standards of this Section shall apply to all of the following:
(1) Electrical and gas-powered mechanical equipment;
(2) Ductwork and major plumbing lines used to heat, cool or ventilate; and
(3) Power systems for the building or site upon which the equipment is located.
(4) Roof and/or wall-mounted antennas and vent openings shall not be considered mechanical equipment for purposes of these screening standards. The standards of this Section are not intended to apply to solar arrays, solar energy collection systems or small wind energy systems, if such systems are otherwise in compliance with applicable building codes and development standards requirements.
(d) Screening Standards
(1) Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building's architectural design. The parapet wall or similar feature shall be of a height equal to or greater than the height of the mechanical equipment being screened. Roof-mounted mechanical equipment, except solar energy collection systems, is prohibited on single-family residential dwellings.
(2) Wall-Mounted Mechanical Equipment. Wall-mounted mechanical equipment, except air conditioning equipment (e.g., window AC units), that protrudes more than six (6) inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture of the subject building. Wall-mounted mechanical equipment that protrudes six (6) inches or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building.
(3) Ground-Mounted Mechanical Equipment. Ground-mounted mechanical equipment shall be screened from view by landscaping, a fence or a decorative wall that is integrated into the architecture of the structure. The fence or wall shall be of a height equal to or greater than the
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height of the mechanical equipment being screened. Integrating plantings into the architectural theme of buildings and their outdoor spaces to lessen differences in architecture, to mitigate building scale, or to integrate the mechanical equipment into the overall look of the site is highly encouraged.
(4) Alternate Screening. Mechanical equipment that is not screened in full compliance with the screening standards of this Section shall be reviewed in accordance with Section 7.16.080, Development plan. Alternate screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, architectural features and painting.
(e) Loading and Service Areas.
(1) All service areas shall be placed at the rear, on the side of or inside buildings.
(2) No service area shall be visible from a public right-of-way or from adjacent residential areas.
(3) Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries.
(4) Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks, areas designated for permanent parking or storage of heavy vehicles and equipment or materials.
(5) Screening shall be long enough to screen the maximum size trailer that can be accommodated on site.
(f) Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the following shall be used to screen outdoor storage areas from adjacent properties and ROWs:
(1) Freestanding walls, wing walls or fences;
(2) Earthen berms in conjunction with trees and other landscaping; or
(3) Landscaping, that must be opaque and eight (8) feet in height at maturation.
(g) Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shopping cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic corrals are prohibited.
(h) Refuse Facility/Dumpsters
(1) All refuse facilities, including new refuse facilities placed on an existing development, shall be completely screened from the public right-of-way and adjacent nonindustrial zoned properties.
(2) Screening shall be achieved by a six-foot masonry wall or wooden fence. A gate opening to the
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facility shall be situated so that the container is not visible from adjacent properties or public ROW. Chain-link gates are not permitted. Gates must have tie-backs to secure in the open position.
(i) Screening Materials and Design.
(1) Unless otherwise provided in this Section, screening may be accomplished by fencing, plant materials or both fencing and plant materials. Screening with plant materials shall achieve opacity by maturity. Masonry walls may be allowed for screening only if they are designed as an integral component of the building architecture. In all cases, plant materials must be used to screen utility boxes.
(2) No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unless required in other subsections of Section 7.28.060.
(3) Berms
(i) Minimum Requirements:
(A) Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and
(B) Berms must be stabilized with vegetation consistent with the requirements of the landscape area.
(C) Berm may not be installed as a means to block views of neighboring properties or interfere with drainage systems.
7.28.070 - Retaining walls.
(a) Purpose. The general intent of the retaining wall standards are to reduce the necessity for excessive grading and encourage stepping of driveways and buildings with the natural grade.
(b) Standards.
(1) Retaining walls may be utilized only where finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints.
(2) Retaining walls over four (4) feet in height shall be designed with a series of retaining walls with landscaped terraced steps. The width of the terrace between any two (2) four-foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shall be separated from any other retaining walls by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped.
(3) A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is demonstrated that no alternative site layout is functional.
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(4) The design of retaining walls shall be constructed of materials compatible with the site and materials of the structures on the site. Retaining walls and cribbing should utilize natural materials, such as boulders, cut rocks, stone-veneer or textured, color-tinted concrete. Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternatively designed retaining walls meet, a cohesive transition between walls must be demonstrated.
(5) Walls over four (4) feet in height or taller or any wall supporting a vehicle load or structure shall be structurally designed and certified by a Colorado licensed professional engineer or architect.
(6) Maintenance. All walls shall be maintained in good repair. Walls shall be regularly inspected to ensure stability and safety, and for aesthetic values.
7.28.080 - Fences.
(a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and in public rights-of-way, to maintain the openness of properties to protect the light and air to abutting properties, to provide adequate screening by regulating the height, location and design and to promote the movement of wildlife through portions of Town.
(b) Fence Design Standards.
(1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood, fences should complement the property and landscape rather than contain the property. The following review criteria apply for the review of fence applications:
(i) Fence material shall be wood and no more than four (4) feet in height. Fences height shall be measured from finished grade. Grade shall not be altered for the purpose of increasing fence height.
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails;
(iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property lines;
(iv) Fencesing, either partially attached to a building or free standing, shall not enclose an area of one thousand two hundred (1,200) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design;
(vi) If a fence is part of a multi-family project, approval shall be received from the association and the fence design shall be integrated with the overall landscape design of the property; and
(vii) If a fence is located on a duplex property, written approval shall be received from the
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adjoining property owner and the fence design must be integrated with the overall landscape design.
(viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food crops, the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet;
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
(E) Fences enclosed on the top and greenhouses are considered accessory structures.
(2) All other zone districts:
(i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal buildings on the same lot. If used along collector or arterial streets, such features shall be made visually interesting by integrating architectural elements, such as brick or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or through similar techniques. A fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50) feet.
(ii) Materials:
(A) Stone walls or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls and stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for grading purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall.
(B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other standards residential fences of a similar nature approved by the Director.
(C) Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of ninety (90) miles per hour.
(D) Other materials may be incorporated in fences and walls and may be approved by the Director.
(iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire or electrically charged fences are prohibited. Chain-link fencing with or without slats shall not be used as a fencing material for screening purposes.
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(iv) Height Limitations.
(A) No more than forty-two (42) inches high between the front building line and the front property line. For corner lots, front yard fence regulations shall apply to both street sides of lot.
(B) No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes.
(C) No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard.
(D) No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard.
(E) No more than thirty (30) inches high when located within the sight distance triangle. Fences within this sight distance triangle shall not be solid.
(F) In the Light Industrial and Commercial (IC) zone district, a chain-link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and not visible at the intersection.
(v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected regularly to ensure stability and safety, and for aesthetic values.
7.28.100 - Natural resource protection.
(a) Steep Slopes.
(1) Purpose. The purpose of this Subsection is to:
(i) Prevent soil erosion and landslides;
(ii) Protect the public by preventing or regulating development in locations with steep slopes;
(iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and provide access for emergency vehicles necessary to serve the hillside areas;
(iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls;
(v) Discourage mass grading of large pads and excessive terracing; and
(vi) Require revegetation and reclamation of slopes disturbed during development.
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(2) Applicability. The standards in this Section shall apply to all new development, with the exception of administrative and minor subdivisions and all other subdivision, PUD and rezoning processes that do not result in an increase in density.
(3) Standards. Development subject to these standards shall comply with the following standards:
(i) Development on natural slopes of forty percent (40%) or greater is prohibited.
(ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the Town Engineer.
(iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent (40%) shall remain in natural private or public open space, except as expressly allowed in this Section. This area may be credited toward open space requirements and minimum lot area requirements.
(iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty percent (30%) that is larger than two thousand five hundred (2,500) square feet, the lot shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred fifty (150) linear feet. Lots shall not be mass-graded to avoid this provision.
(v) Limits on Graded or Filled Manmade or Constructed Slopes.
(A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged wherever possible.
(B) Graded or filled manmade or constructed slopes shall not exceed a slope of fifty percent (50%).
(C) Cut man-made surfaces or slopes shall not exceed a slope between twenty-five percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or geotechnical report prepared and approved by the Town Engineer, that a cut at a steeper slope will be stable and will not create a hazard to public or private property.
(D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The cut surface of the bedrock should be "sculptured" to create an irregular profile which approximates natural rock outcroppings on the site. Planting pockets may be created in the sculptured rock for grasses and forbs.
(E) All cut, filled and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain pursuant to Paragraph (xii)(F) below and Section 7.28.050, Landscaping.
(vi) Natural Design:
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(A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut and fill slopes (within approximately five [5] feet of the sharp angle). Where this would damage tree root systems, the amount of rounding off may be reduced and shrubs used instead to hide the transition.
(B) Slopes providing a transition from graded areas into natural areas should be varied in percent grade both up-slope and across the slope, in the undulating pattern of surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope will vary from a straight line in plain view.
(C) Natural grade at the lot lines shall be maintained.
(vii) Separate Pads:
(A) Cutting and grading to create benches or pads for buildings or structures shall be avoided to the maximum extent feasible.
(B) Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be allowed except where the natural slope is twenty percent (20%) or less.
(viii) Parking Areas. Parking areas should be constructed on multiple levels and follow natural contours as necessary to minimize cut and fill.
(ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall comply with the standards of Section 7.28.070, Retaining walls.
(x) Natural Drainage Patterns:
(A) Site design shall not change natural drainage patterns.
(B) To the maximum extent feasible, development shall preserve the natural surface drainage pattern unique to each site as a result of topography and vegetation. Grading shall ensure that drainage flows away from all structures, especially structures that are cut into hillsides. Natural drainage patterns may be modified on-site only if the applicant shows that there will be no significant adverse environmental impacts on-site or on adjacent properties. If natural drainage patterns are modified, appropriate stabilization techniques shall be employed.
(C) Development shall mitigate all negative or adverse drainage impacts on adjacent and surrounding sites.
(D) Standard erosion control methods shall be used during construction to protect water quality, control drainage and reduce soil erosion. Sediment traps, small dams or barriers of straw bales shall be located wherever there are grade changes to slow the velocity of runoff.
(xi) Revegetation Required. Any area exposed in new development shall be landscaped or
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revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6), Revegetation plan.
(xii) Streets, Roads and General Site Access:
(A) Access to a building or development site shall be by road, street or private access road only.
(B) Streets, roads, private access roads and other vehicular routes shall comply with all requirements of this Code and design specifications.
(C) Streets, roads, private access roads and other vehicular routes shall not be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless specifically authorized by the PZC after finding that all of the following conditions and constraints are applicable:
1) No alternate location for access is available; and
2) No significant adverse visual, environmental or safety impacts will result from the crossing, either by virtue of the design and construction of the street, road, private access road or other vehicular route as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts.
(D) Under no circumstances shall any street, road, private access road or other vehicular route cross slopes greater than fifty percent (50%).
(E) Streets, roads, private access roads and other vehicular routes shall, to the maximum extent feasible, follow natural contour lines.
(F) Grading for streets, roads, private access roads and other vehicular routes shall be limited to the asphalt portion of the right-of-way, plus up to an additional ten (10) feet on either side of the asphalt as needed, except that when developing access on slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way shall be graded plus the minimum area required for any necessary curb, gutter or sidewalk improvements. The remainder of the access right-of-way shall be left undisturbed to the maximum extent feasible.
(G) Roads, other vehicular routes or trails may be required to provide access or maintain existing access lands for vehicles, pedestrians, emergency services and essential services and maintenance equipment.
(b) Stream, River, Waterbody and Wetlands.
(1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic value of streams, rivers, water bodies and wetland areas of the Town.
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(2) Applicability. This Subsection shall apply to all new development, except for the following development or activities:
(i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and harvesting;
(ii) Platted residential lots which are less than twenty-two thousand (22,000) square feet in size;
(iii) Maintenance and repair of existing public roads, utilities and other public facilities within an existing right-of-way or easement;
(iv) Maintenance and repair of flood control structures and activities in response to a flood emergency; and
(v) Wetland and wildlife habitat restoration, construction or enhancement that improves or restores the wetland or stream corridor functions, provided that the proposed activity is approved by the appropriate agency such as the U.S. Army Corps of Engineers.; and
(vi) For the purposes of wildfire mitigation in the Wildland Urban Interface (WUI) as determined necessary by a professional wildfire assessment and as approved by the Town of Avon.
The standards of this Section shall apply in addition to the standards of Subsection 7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two (2), the more restrictive provision shall apply.
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15.08.070
Section 111.21 is amended by the addition of the following language:
“Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All multi-family and commercial projects must undergo an irrigation audit prior to a Certificate of Occupancy. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued”
15.10.080
Section R110, Certificate of Occupancy, is amended by the addition of the following language:
“The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt,
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building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction.
Avon Municipal Code Appendix 7-B: Water Efficient Landscape Design Budget Calculator
Town of Avon requires proposed landscape designs to not exceed 7.5 gallons of water per square foot of
area per season (Gal/Sf/Season) allocation.
The Water Efficient Landscape Design Budget Calculation is rooted in the formula: Total Landscape Area /
Water Needed to Support Landscaping.
In order to determine the Water Needed to Support Landscaping, all areas within any landscaping plans are assigned one of the following Hydrozone Water Use Categories:
1. No Water
2. Very Low
3. Low
4. Medium
5. High
6. Cool Season / Turf Grass 7. Water Feature
Each Hydrozone Category represents an estimated Water Allocation needed to support its flora (See Table
1:1). Very Low, Low, Medium, and High Hydrozone categories also contain the potential to be Drip
Irrigated or Spray Irrigated (Drip being less water-intensive than Spray).
Table 1:1 - Water Allocation per 1000 sq ft per season by Hydrozone Type
Hydrozone Water Use Category Water Allocation for DRIP Irrigation (gallons) per 1000 sq ft Water Allocation for SPRAY Irrigation (gallons) per 1000 sq ft
No Water 0
Very Low 35 42
Low 2,900 3,500
Medium 7,600 9,150
High 10,500 12,500
Cool Season / Turf Grass 15000
Water Feature 15000
Water Use Subtotal (gallons per season)
Water Use Total (gallons per season)
Total Irrigated Area (sq. ft)
Total Project Area (sq. ft)
Gal/Sf/Season
The calculation requires the replacement of these numbers with the square footages of the hydrozones
being proposed. Please see calculation examples for clarification.
CALCULATION EXAMPLES – Next Page
WATER EFFICIENT LANDSCAPE DESIGN BUDGET CALCULATION EXAMPLES
Using these inputs relative to the size of each hydrozone in a single landscape plan, a person can assess the
estimated water use for the entire landscaping plan. The following scenarios showcase the variety of landscaping plans possible, their estimated water use, and potential for approval under the 7.5 gallon per sf. per season limit.
Scenario One: A landscape plan that is equally split between areas that require no water, and turf grass areas:
Scenario 1: Half Turf Grass
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1500
Very Low 0 0
Low 0 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1500
Water Feature 0
Water Use Subtotal (gallons per season) 0 22500
Water Use Total (gallons per season) 22500
Total Irrigated Area (sq. ft) 1500
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7.5
Takeaways:
• This plan’s water budget is exactly the maximum potential water allocated.
• Any landscaping plan that exceeds 50% turf grass will likely not be approved
Scenario Two: A drip-irrigated landscape plan that is equally split between Low, Medium, and High
Scenario 2: Low/Med/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1000 0
Medium 1000 0
High 1000 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 21000 0
Water Use Total (gallons per season) 21000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Two is less water-intensive than Scenario One, despite 50% of the landscaping in Scenario One
not requiring any water.
• 3000 sq ft of equally mixed Low, Medium, and High hydrozones is less water-intensive that 1,500 sq ft
of grass
Scenario Three: A drip-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 3: Low/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1500 0
Medium 0 0
High 1500 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 20100 0
Water Use Total (gallons per season) 20100
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.7 Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Three is less water-intensive than Scenario Two
• A medium water hydrozone does not represent the median between the low and high hydrozones
Scenario Four: A spray-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 4: Low/High Mix SPRAY
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 0 1500
Medium 0 0
High 0 1500
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 0 24000
Water Use Total (gallons per season) 24000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 8 Takeaways:
• This plan’s water budget is above the maximum potential water allocated.
• Scenario Four is more water-intensive than Scenario Three, despite the hydrozone area sizes remaining the
same in both
• Spray irrigation is more water-intensive than drip irrigation, and could be the difference between approval / denial of a landscaping plan
Scenario Five: An equal mix of drip irrigated, Very Low and Low hydrozones, and Turf Grass
Scenario 5: Very Low / Low / Turf Mix
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 1000 0
Low 1000 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1000
Water Feature 0
Water Use Subtotal (gallons per season) 2935 15000
Water Use Total (gallons per season) 17935
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.0
Takeaways:
• Very Low and Low hydrozones can be adequate off-sets for turf grass area
Scenario Six: An equal mix of all hydrozones AND an additional water feature
Scenario 6: Mix All
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1000
Very Low 1000 0
Low 1000 0
Medium 0 1000
High 0 1000
Cool Season / Turf Grass 1000
Water Feature 500
Water Use Subtotal (gallons per season) 2935 44150
Water Use Total (gallons per season) 47085
Total Irrigated Area (sq. ft) 5500
Total Project Area (sq. ft) 6500
Gal/Sf/Season 7.2 Takeaways:
• Equally mixed hydrozones have the potential for approval, even when water-intensive water features are included.
• A 1,000 sq ft water feature would exceed the 7.5-gallon allocation
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Resolution No. 23-01 Approving 2023 Special Events DATE: February 9, 2023
SUMMARY: Council is being asked to review Resolution No. 23-01 Approving 2023 Special Events to allow a streamlined administrative review and approval process for those special events which may seek to (1) apply for a Special Event Liquor License to sell alcoholic beverages and/or (2) apply for an Outdoor Use of Amplified Sound Permit.
BACKGROUND: The Town’s liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including Special Event Permits for events already approved by the Town Council. The Town’s Outdoors Use of Sound Amplification Systems regulations allow for administrative approval at the following locations and times:
5.24.020 Administrative Approval
a. The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified sound use at following locations and times: i. In Nottingham Park, including the Avon Performance Pavilion, on Sunday through Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the hours of 9:00 a.m. and 10:00 p.m. ii. In any non-commercial zone (including any planned unit development area allowing non-commercial use, but not including Town properties, park, and the Main Street Mall) between the hours of 9:00 a.m. and 8:00 p.m. iii. In any commercial zone (including any planned unit development area allowing commercial, but not including Town properties, park, and the Main Street Mall) between the hours of 8:00 a.m. and 10:00 p.m. Outdoor Use of Amplified Sound Systems applications that are not subject to administrative approval or that are referred by the Town Manager to the Town Council shall be subject to review and approval by the Town Council after conducting a public hearing.
Resolution No. 23-01 has been prepared for council consideration and includes a list of 2023 special events, including event name, event dates, times, and locations, that have a liquor component and/or amplified sound component and will seek a Special Event Permit and/or Outdoor Use of Amplified Sound Permit. If Resolution No 23-01 is approved, it would allow the Town Clerk to administratively review and approve these Special Event Permit applications; and exempt the events listed from submitting an Outdoor Use of Amplified Sound Permit application per Section 5.24.010 of the AMC.
ANALYSIS: Approval of Resolution No. 23-01 would cut down on the number of Special Event Permit Applications that the Avon Liquor Licensing Authority would have to review over the course of the spring and summer. And reduce the number of Outdoor Use of Amplified Sound Permit applications the Avon Town Council would have to review.
RECOMMENDATION: Staff recommends approving Resolution No. 23-01 Approving 2023 Special Events.
OPTIONS: Deny Resolution No. 23-01 or approve Resolution No 23-01 [with or without revisions].
Page 2 of 2
PROPOSED MOTION: “I move to approve Resolution No. 23-01 Approving 2023 Special Events.”
Thank you, Danita
ATTACHMENTS:
Attachment A – Resolution 23-01 Approving 2023 Special Events
Resolution 23-01 Approving 2023 Special Events February 28, 2022 Page 1 of 2
RESOLUTION 23-01 APPROVING 2023 SPECIAL EVENTS
WHEREAS, the Town Avon, Colorado (the “Town”) is a home rule municipality and political
subdivision of the State of Colorado (the “State”) organized and existing under a home rule
charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Town of Avon’s local liquor licensing regulations allow for the administrative review and approval of routine liquor license applications, including Special Event Permit applications for events already approved by the Town Council; and,
WHEREAS, the Town Council, as the local liquor license authority, finds that delegating
review and approval authority for certain routine liquor license applications to the Town Clerk will improve administrative efficiency; and,
WHEREAS, the Town Council finds that approving 2023 special events planned for Nottingham Park would exempt Outdoor Use of Amplified Sound Permits for the listed events
and would improve administrative efficiency: and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the following 2023 special events and event dates:
Special Event Liquor License:
1.Ultimate Après Avon: Saturday, April 1st, 2023, 1:00 p.m. to 6:00 p.m.; Lake Street, Rec.
Center West Parking Lot, grassy area between Lake Street and Rec. Cener West Parking
Lot
2.Pride in the Park: Saturday, June 3rd, 2023, 12:00 p.m. to 8:00 p.m.; Nottingham Park
3.Avon Art Celebration: Friday, July 28th, 2023, 10:00 a.m. to 5:00 p.m.; Saturday, July 29th
10:00 a.m. to 5:00 p.m.; Sunday, July 20th, 2023, 10:00 a.m. to 4:00 p.m.
4.XTERRA USA Championship: Saturday, August 26th 4:00 p.m. to 10:00 p.m.; NottinghamPark
5.Vail Valley Brew ‘Au: Saturday, August 19th, 2023; 3:00 p.m. to 8:00 p.m.; NottinghamPark
6.Man of the Cliff: Saturday, October 14th, 9:30 a.m. to 7:00 p.m.; Sunday, October 15th,
2023; 9:30 a.m. to 7:00 p.m.; Nottingham Park
Outdoor Use of Amplified Sound:
1.SunsetLIVE!: Sunday’s, May 28th through September 3rd, 2023; 6:00 p.m. to 8:30 p.m.;Nottingham Park
2.AvonLIVE!: Wednesday’s, June 14th through August 30th, 2023, 11:00 a.m. to 9:15 p.m.
3.Lakeside Cinema: Friday’s July 7th through September 1st, 2023; 7:30 p.m. to 11:00 p.m.;Nottingham Park
4.XTERRA USA Championship: Saturday, August 26th 6:00 a.m. to 10:00 p.m.; NottinghamPark & Lake
5.Vail Valley Brew ‘Au: Saturday, August 19th, 2023; 12:00 p.m. to 8:00 p.m.; Nottingham
Park
ATTACHMENT A
Resolution 23-01 Approving 2023 Special Events February 28, 2022 Page 2 of 2
6. Summer’s End: Monday, September 4th, 2023; 11:00 a.m. p.m. to 9:15 p.m.; Nottingham Park
ADOPTED February 28, 2023, by the AVON TOWN COUNCIL
By: Attest: ___________________________
Amy Phillips, Mayor Brenda Torres, Deputy Town Clerk
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager, Patty McKenny Deputy Town Manager RE: Resolution 23-02 Authorizing Great Outdoors Colorado (GOCO) Grant Application DATE: February 23, 2023
SUMMARY: Resolution No. 23-02 (Attachment A) is presented for Council’s consideration and serves as one of the documents necessary for completing the final Community Impact Fund Grant application for submittal to the Great Outdoor Colorado (GOCO) for the Eaglebend Pocket Park Transformation Project. The Town’s proposal includes a request for GOCO Community Impact Funds in the amount of $325K and a commitment from the Town of Avon for a cash match of $150K and in-kind services of $45K. Formal action would be required to support the resolution and the town’s application for the funding process. See below for brief project description and Attachment B for complete concept materials submitted for the first round of review by GOCO staff:
BACKGROUND: Town Staff and Sustainable Strategies (“S2”) DC (grant administration consultants) submitted a concept paper and materials (Attachment B) to GOCO staff for their initial review of the project as part of the third cycle of requests for the Community Impact Program (Attachment C). The Town was notified by Dan Omasta, North / Central CO Program Officer, on February 16 the town’s project concept paper was reviewed along with 33 other concept papers, that included $22M in funding requests, so it is quite competitive. He also invited the town to submit a full proposal, as follows: Congratulations! Eaglebend Pocket Park Transformation Project has been recommended to submit a full proposal. Staff will
work with S2 to fine-tune the application for final submittal by March 20.
GRANT PROGRAM: A general statement about the GOCO Community Impact Program is shown below in the box with details found in Attachment C. The Town and S2 targeted the Eaglebend Pocket Park Transformation Project because it met many of the GOCO program objectives.
970.748.4021 pmckenny@avon.org
COMMUNITY IMPACT PROGRAM Great Outdoors Colorado’s (GOCO) Community Impact Program seeks to enhance a community’s quality of life and access to the outdoors through investments in capital infrastructure projects and the community-driven processes that inform them. We believe when partners work together with community members in
project visioning and design, and when processes elevate unheard voices, outdoor connections are more
impactful, and communities become more cohesive and inclusive. The pocket park transformation project addresses three GOCO program values outlined below:
1. Equitable access | We partner with communities to break down barriers to the outdoors.
2. Youth connections | We believe children and their families deserve opportunities to get outside
and experience all the benefits of doing so.
3. Community vitality | We invest in conservation and outdoor recreation efforts that support
communities and quality of life.
Town will kick off the community visioning process in May with the Health and Recreation Committee and a partnership with the Eagle Valley Outdoor Movement (EVOM) who will help support the bilingual public outreach effort. Design efforts would occur in 2023 and construction would be slated for spring 2024.
FINANCIAL CONSIDERATIONS: The Town will submit a Grant Application to GOCO outlining the components of the pocket park improvements. GOCO funds are slated to be awarded in June 2023. If awarded the funding, a budget amendment will be required to proceed with design and construction. Attachment B includes a preliminary budget for the park project and includes a request for $325K in GOCO funds; $150K cash funds from the Town; $45K in-kind contribution from the Town. There have been some funds budgeted in 2023 and 2024 for town park improvements shown below. It is also noted the Developer of McGrady Acres paid $52/per square foot for their land and they deeded .14 acres (6,098 square feet) to the Town, which is a value estimated at $317,116. The Developer also remitted $249,667 cash as a fee in lieu of providing total required park land.
Current CIP Budget 2023 2024
Saddleridge Park $25,000 $100,000
Eaglebend Pocket Park $0 $100,000
TOWN MANAGER RECOMMENDATION OR COMMENTS: I recommend the Mayor sign the final Resolution 23-02 once the final application has been completed. The town’s match is estimated not to exceed $150,000 cash contribution and $45K in-kind contribution and would require a supplemental budget amendment later this year if GOCO funds are awarded. The final form of the resolution will be approved by the Manager and Town Attorney.
970.748.4021 pmckenny@avon.org
PROPOSED MOTION: “I move to approve Resolution 23-02, authorizing and supporting the Community
Impact Grant application to Great Outdoors Colorado (GOCO) for the Eaglebend Pocket Park Transformation Project.”
Thank you, Eric and Patty
ATTACHMENT A: Resolution No. 23-02 Supporting GOCO Community Impact Grant Funding Application
ATTACHMENT B: Concept Paper for Eaglebend Pocket Park Transformation Project
ATTACHMENT C: GOCO Community Impact Program
ATTACHMENT A
Resolution No. 23-02 February 28, 2023 Page 1 of 2
RESOLUTION 23-02
RESOLUTION AUTHORIZING AND SUPPORTING A COMMUMITY IMPACT
GRANT APPLICATION TO GREAT OUTDOORS COLORADO
FOR THE EAGLEBEND POCKET PARK TRANSFORMATION PROJECT
WHEREAS, the Town of Avon (“Town”) is a political subdivision of the State of Colorado, and therefore an eligible applicant for the community impact grant program offered by Great
Outdoors Colorado (“GOCO”); and
WHEREAS, Great Outdoors Colorado invests a portion of Colorado Lottery proceeds to help preserve and enhance the state’s parks, trails, wildlife, rivers and open spaces awarding competitive grants to local governments and land trusts and makes investments through Colorado Parks and Wildlife; and
WHEREAS, the Town will undertake a neighborhood visioning process partnering with
Eagle Valley Outdoor Movement (“EVOM”) to engage the East Avon neighborhood to help design and provide ideas about reinventing the Eaglebend Pocket Park; this process helps the project align with the GOCO program values that would create “equitable recreational access, youth connections, and community vitality” in the neighborhood; and
WHEREAS, the Town is highly committed to transforming Eaglebend Pocket Park, an
underutilized and outdated park and turn it into a vibrant community asset with new and updated park equipment, amenities and services for the residents of Avon; and
WHEREAS, the Town has been invited by GOCO Program Officer to submit a Community Impact Fund Grant Application, after having received a favorable review of the town’s concept
paper, to request a total of $325K in GOCO funding with a Town of Avon cash match of $150K
and in-kind services of $45K for the design and construction of the Pocket Park; and
WHEREAS, the Avon Town Council finds that the Eaglebend Pocket Park Transformation Project will promote the health, safety and general welfare of the Avon community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON, COLORADO,
THAT:
Section 1. The above recitals are hereby incorporated as findings by the Town.
Section 2. The Town Council of the Town of Avon supports the Community Impact Fund Grant
Application and will authorize the expenditure of funds necessary to meet the terms and
obligations of any grant awarded pursuant to a Grant Agreement with GOCO.
ATTACHMENT A
Resolution No. 23-02 February 28, 2023 Page 2 of 2
Section 3. If a grant is awarded, the Town of Avon hereby authorizes the Mayor or Mayor Pro
Tem to sign a Grant Agreement with the GOCO.
ADOPTED FEBRUARY 28, 2023 BY THE AVON TOWN COUNCIL
By: Attest:___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
COMMUNITY IMPACT PROGRAM CONCEPT PAPER
1
Project Summary Information
Project Title:
Applicant
Organization(s):
Applicant
Name(s):
Partner Organization (if applicable):
Partner Name (if applicable):
Amount Requested:
Estimated Total Project Cost:
Estimated Grant Period (years):
Brief Project Description (limit to space provided without expanding the text box; use 10 pt font)
ATTACHMENT B
Proposed Project: The Town of Avon seeks $325,000 in GOCO Community Impact funds, with a local cash match of $150,000 and in-kind commitment of $45,000 for its “Eaglebend Pocket
Park Transformation Project,” which will turn an underutilized pocket park into a community treasure for the residents of East Avon. Built around 2002, Eaglebend Pocket Park lacks modern, accessible playground equipment, access to drinking water, attractive landscaping, picnic shelters or shade structures. With GOCO funds, Avon will undertake a neighborhood visioning process,
design and reinvent the park. Initial improvements that the Town will propose as possible upgrades
to the community include a new playground with accessible equipment, a picnic shelter, picnic tables and benches, bike racks, and a water fountain/bottle filling station to reduce single use plastics. The Town has not determined that it will include these project amenities in the final design. Rather, they are a framework to initiate a community visioning process, particularly with the surrounding neighborhood.
The Town of Avon has decided that it is critical for the process to focus on inclusiveness, equitable recreation, and water conservation. Towards those ends, the Town will work with the surrounding neighborhood to rename the park, will create signage in English and Spanish, and will include an
upgrade to the irrigation system to reduce water use in the park with efficient watering practices.
Community Need: Improvements to the local pocket park are critical for expanding equitable recreation. According to the 2020 American Community Survey (ACS), 66.4% of the surrounding residents rent their homes, 80% are low income, 68% are Latino, and 27% of the total population is under 12 years of age. While residents of Avon enjoy access to outstanding outdoor recreation
opportunities within the Town and the surrounding White River National Forest, 12.4% of residents who live near Eaglebend Pocket Park lack access to a vehicle, which inhibits them from easily recreating. Eagle Bend Pocket Park is the only neighborhood park on the valley floor and the larger regional park, Harry A. Nottingham Park, is almost a mile away from the neighborhood.
The park is within walking distance to the Eaglebend Apartment complex which has 240
affordable workforce housing units with young families. The expanded park will also benefit children attending a day care facility that is slated for development in the future. The Town of Avon selected Eaglebend Pocket Park as its highest priority since it is 20 years old, poorly serves the existing neighborhood because of its limited and aging facilities, and there was
an opportunity to collaborate with a developer to expand and improve the park. A future development, McGrady Acres, will build 24 townhomes including one deed restricted workforce housing unit next to the park. A condition of the development agreement was the donation of 6,098 square feet (¼ of an acre) that will be added to the pocket park to create space for the
additional improvements. The Town has estimated the value of the land to be $317.116. The cash
match of $150,000 for this project is from the developer with an in-kind match of $48,000 in Town of Avon staffing resources to oversee the community visioning process and the final construction. Community-Driven Vision & Continued Engagement: Eaglebend Pocket Park is foremost a neighborhood park, and the Town will work closely with the Latino community to ensure the new
park amenities are tailored to their recreational needs. The Town of Avon will kick off the community visioning process at its Health & Recreation Committee meeting on May 16 to explain the potential project and help shape the community outreach process. The town will also work with community partner Eagle Valley Outdoor Movement (EVOM) to support a bilingual public
outreach effort (in English and Spanish) to incorporate the neighborhood’s feedback into the final design of the pocket park. Staff, working with EVOM, will follow best management practices for
bilingual outreach. The Town of Avon will translate all meeting materials into Spanish, hold two public meetings in the neighborhood this summer that will include translation services, create and deploy surveys, and provide childcare and virtual options at public meetings. To increase the attendance of residents of Eaglebend Apartments, Staff will hold a meeting in the community room
of the apartment complex and coordinate with the property management company to provide
outreach material to residents in English and Spanish. The company that is selected for design work will integrate community feedback into the initial conceptual vision and hold a public meeting in English and in Spanish gain feedback on the progress of the design. Public meetings will be coordinated with the Town of Avon and EVOM to ensure appropriate translation services occur. The Town will provide an opportunity for the surrounding neighborhood to rename the
park and will encourage the community to celebrate the Latino culture through this process. Intended Outcomes & Benefits: The Eaglebend Pocket Park Transformation Project will expand and transform an outdated, underutilized pocket park into a vibrant community asset. While the
final design of the park will be determined in a community driven process, the Town envisions
updated accessible playground equipment for children up to age 12, picnic shelters and tables for community parties, bike racks to encourage multimodal access to the park, and a water fountain to ensure that children stay well hydrated in the dry climate. The new amenities will increase outdoor recreation for a low-income, young Latino population, serve a new townhouse development, and families throughout Eagle County using a proposed regional childcare facility. The park will also
serve east Avon (Village at Avon), which is slated for additional residential and commercial growth in the coming years. Partnerships: The Town of Avon will partner with Eagle Valley Outdoor Movement (EVOM) to
create a replicable model on working with the Latino community to expand equitable recreational
access. EVOM is a group of organizations and community members, led by Walking Mountains Science Center, whose mission is to provide equal access to outdoor spaces and opportunities for youth and families in the Eagle Valley. Staff at Walking Mountain Science Center and EVOM specialize in Latino outreach and increasing equitable recreational access. The grant will include funding to cover the expenses of the Walking Mountain Science Center.
The Eaglebend Pocket Park Transformation Project will revitalize the aging park for the surrounding neighborhood, whose children will enjoy the park for many years to come. The Town of Avon will improve the quality of life and recreational amenities for all residents but
needs GOCO’s support to turn this vision into a reality.
1
Date Secured GOCO Funds Matching Funds
$325,000.00
1-Jun $150,000.00
subtotal $325,000.00 $150,000.00
TOTAL SOURCE OF FUNDS $475,000.00
Use of Funds (CASH)GOCO Funds Matching Funds Total Funding
Public Outreach
TBD $25,000.00 $0.00 $25,000.00
Design
TBD $30,000.00 $0.00 $30,000.00
Construction
TBD $110,000.00 $10,000.00 $120,000.00
Irrigation
TBD $35,000.00 $0.00 $35,000.00
Park Equipment
TBD $100,000.00 $0.00 $100,000.00
TBD $0.00 $70,000.00 $70,000.00
TBD $0.00 $5,000.00 $5,000.00
TBD water fountain / water bottle station $25,000.00 $0.00 $25,000.00
TBD
Signage
TBD $0.00 $40,000.00 $40,000.00
Contingency $25,000.00 $25,000.00
subtotal $325,000.00 $150,000.00 $475,000.00
Use of Funds (IN-KIND)Matching Funds
Construction
subtotal $0.00
GOCO Funds Matching Funds
subtotal $325,000.00 $150,000.00$475,000.00
CASH OR IN-KIND Total Funding
Town of Avon, Colorado $45,000.00
$0.00
$0.00
$45,000.00
$520,000.0068%63%
PROJECT BUDGET & DETAILS
APPLICATION SCOPE OF WORK
Source of Funds (CASH)
GOCO Community Impact Funds
Town of Avon, Colorado
Source of Funds (IN-KIND)
Description
Description
Site work and prep for new equipment and irrigation
Contract services for public outreach
Final design/drawings
bi-lingual signage (English-Spanish)
playground equipment
picnic structures and benches
bike rack
Improve irrigation system enhancing water conservation efforts
OTHER LEVERAGED RESOURCES (OPTIONAL)
Description
TOTAL USE OF FUNDS*
GOCO % of project value
contingency at 5% of the total budget
subtotal
TOTAL PROJECT VALUE GOCO % of project cost
project management / construction
* The Total Use of Funds must equal the Total Source of Funds in the section above.
Town of Avon Eaglebend Pocket Park Transformation Project Budget Narrative
Public Outreach ($25,000 GOCO)
The Town of Avon anticipates partnering with Eagle Valley Outdoor Movement (EVOM) which is led by the Walking Mountains Science Center, for public outreach services. $25,000 will cover EVOM’s costs to perform public outreach in English and Spanish.
Signage ($40,000 TOA)
The Town of Avon intends to model the final park sign on the monument sign recently built at Avon’s City Hall. A picture is included in the packet.
In-Kind Other Leveraged Resources ($45,000 TOA)
The Town of Avon will oversee the public outreach process and construction
management.
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Expanded Park Area
Existing Open Space
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Expanded Open Space
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Future Childcare
Facility
Future Bus Stop
GOCO Grant Application
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Situs Address TRACT 0-2 (Park), MCGRADY ACRES
Tax Area SC044 - AVON (TOWN) - SC044Parcel Number 2103-073-14-007Owner Name TOWN OF AVON
Situs Address 005415 EAGLEBEND DRTax Area SC044 - AVON (TOWN) - SC044
Parcel Number 2103-073-14-008
Owner Name TOWN OF AVON
Situs Address TRACT: O-1 (Open Space) MCGRADY ACRES
Tax Area SC044 - AVON (TOWN) - SC044
Parcel Number 2103-073-14-020
Owner Name TOWN OF AVON
Tax Area SC044 - AVON (TOWN) - SC044
Parcel Number 2103-073-14-007
Owner Name TOWN OF AVON
0.84
ACRES
0.66 ACRES
0.44
ACRES
0.28
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TRAER CREEK
View from the North
Existing Swing Set Existing Play Structure
Town of Avon - Eaglebend Pocket Park
Existing Bench Land for Park Expansion
Sign Style – Will Propose Renaming Park to Celebrate
Latino Community as Part of Visioning Process
Town of Avon - Eaglebend Pocket Park
1
COMMUNITY IMPACT PROGRAM
Great Outdoors Colorado’s (GOCO) Community Impact Program seeks to enhance a community’s
quality of life and access to the outdoors through investments in capital infrastructure projects
and the community-driven processes that inform them. We believe when partners work together
with community members in project visioning and design, and when processes elevate unheard
voices, outdoor connections are more impactful and communities become more cohesive and
inclusive.
People and communities experience a multitude of benefits from an increased connectedness to
the outdoors ranging from improvement to physical and psychological health, to diversified
local economies, to educational impacts and more. Funding for the outdoors can also be a
meaningful equity lever in Colorado – and a means to address issues of disparity and
disproportionality. When developing local projects, we ask partners to consider the multi-
faceted benefits of outdoor recreation and outdoor education and advance the most needed and
urgent projects that will serve the highest and best interests of their communities.
Through this program, GOCO invites partners to apply for funding to develop and revitalize
parks, trails, school yards, fairgrounds, environmental education facilities, and other outdoor
projects as identified and prioritized by the communities they serve. To facilitate project
outcomes, applicants may request funding, as needed, for the following components:
●Local capacity building through investments in existing staff, community members,
and/or consultants
●Community planning, organizing and collaboration to identify existing barriers to
outdoor experiences and solutions for overcoming them
●Land acquisitions
●Site-specific, community-centered design
●Storytelling, project communications, and celebrations
Proposed projects must reflect one or more of GOCO’s program values as identified in our 2020
strategic plan and outlined later in this document. These values are intentionally open to
interpretation and definition by our partners; how they are or could be reflected in each
community is unique. And not every project will integrate multiple values. Projects that
demonstrate several values, as well as projects that embody a singular value, can have
ATTACHMENT C
2
meaningful impacts and significant merit.
GOCO regional program officers look forward to working with partners on project visioning and
development to ensure your valuable time is spent on projects that will compete well in this
program. Please connect with us early so that we can provide guidance on competitive
proposals, review our concepting to application framework, and have our team provide feedback
on draft materials. We know the community needs of our statewide network are vast and we look
forward to hearing your ideas and working with you to advance projects throughout Colorado.
ABOUT US: GOCO invests a portion of Colorado Lottery proceeds to help preserve and enhance
the state's parks, trails, wildlife, rivers, and open spaces. Our independent board awards
competitive grants to local governments and land trusts and makes investments through
Colorado Parks and Wildlife. Created by voters in 1992, GOCO has committed more than $1.3
billion in lottery proceeds to more than 5,300 projects in all 64 counties without any tax dollar
support. For more information, please visit www.GOCO.org.
General Guidance and Grant Information
BEFORE YOU BEGIN: Contact your GOCO regional program officer to discuss your project in
detail using the contact information on our staff webpage. Together, you will determine
whether your vision will compete well in the Community Impact Program.
APPLICANT ELIGIBILITY: This program is open to entities eligible to receive GOCO local
government and open space funds as listed below. Ineligible entities can partner with an eligible
entity to apply. As always, GOCO strongly encourages partnerships.
a. Colorado municipality or county
b. Title 32 special district eligible to receive distributions from the Conservation Trust Fund
c. Political subdivision of the State of Colorado that includes in its mission the
identification, acquisition, or management of open space and natural areas
d. 501(c)(3) non-profit land conservation organization that includes in its mission the
identification, acquisition, or management of open space and natural areas, e.g., land
trusts
e. Colorado Parks and Wildlife
APPLYING: Applicants should work with their regional officer through a concepting process,
which can take several months or longer depending on the proposal. GOCO will accept draft
concept papers on a rolling basis and can provide feedback. As part of an iterative process, staff
3
will reflect on the readiness and competitiveness of a proposal and make recommendations
regarding a concept paper submission. Staff collectively considers all concept papers submitted
in a cycle and will invite the most competitive projects to submit a full application.
GOCO may ask clarifying questions of applicants at the concept or application stage to better
understand your project. Staff may coordinate site visits to learn more about the opportunities in
a community and hear more from the residents and stakeholders involved in planning
processes. We may also seek additional written information for certain proposals. The content of
conversations and any additional information submitted become part of the concept or
application and open for discussion during staff or peer review as a means of vetting the merit of
individual projects. All application materials and related communications may be subject to
Colorado Open Records Act requests.
PROGRAM VALUES: Projects should encompass one or more of GOCO’s program values as
identified in our 2020 strategic plan:
Resource conservation | We value strategic land conservation and resource protection work.
Outdoor stewardship | We support sustainability of and improvements to the state’s natural and
recreational resources.
Community vitality | We invest in conservation and outdoor recreation efforts that support
communities and quality of life.
Equitable access | We partner with communities to break down barriers to the outdoors.
Youth connections | We believe children and their families deserve opportunities to get outside
and experience all the benefits of doing so.
GRANT AMOUNT AND MATCH REQUIREMENTS: GOCO will consider grant requests between
$100,000 and $1,000,000, with consideration for requests outside that range on a case-by-case
basis. Please remember that GOCO serves communities throughout Colorado and appreciates
applicants keeping requests reasonable and reflective of expected outcomes. Applicants will
work with their GOCO regional program officer to customize a match amount for your project
based on your community’s ability to match and to identify expenses eligible as match.
4
TIMELINE FOR COMPLETION: Applicants will work with their GOCO regional program officer
to customize a timeline for your project based on the various deliverables. GOCO will prioritize
projects that will begin immediately upon notice of award or execution of a grant agreement.
PROPERTY OWNERSHIP: The applicant or partner entity must own or have control over the
property upon which the proposed project will take place. GOCO requires a formal agreement
between parties when the applicant is not the owner or controlling entity. Applicants seeking
funding for projects involving federal land must discuss the proposal with GOCO staff prior to
submitting a concept paper or application. GOCO cannot fund the recreational development of a
property that a government entity condemned specifically for that recreational development.
GOCO may consider participating in recreational development on lands previously acquired
through condemnation for a purpose other than recreational development.
PUBLIC ACCESS: The public must have reasonable public access to any project funded by GOCO.
WILDLIFE REVIEW: Applicants should work with their GOCO regional program officer and the
local CPW Area Wildlife Manager (AWM) to understand, document, and mitigate any impacts to
wildlife habitat. We ask that you contact the AWM well in advance of the application deadline.
SITE VISITS: GOCO staff may conduct site visits scheduled in collaboration with the project leads
identified in the concept paper or application.
ELIGIBLE COSTS AND MATCH: The following table, though not comprehensive, outlines
specific eligible costs for this program. Please discuss any potential project expenses with GOCO
to determine the eligibility of those expenses prior to applying.
ELIGIBLE COSTS
Costs associated with project planning/coordination/implementation/communications/
celebration
Staff expenses incurred by the applicant and any contracted service providers for professional
services directly related to project outcomes and administration.
Costs of surveys, engineering, design, GIS/mapping, land acquisition due diligence costs, etc.
Costs associated with volunteer engagement and retention, e.g., prizes, awards, food, etc.
PROPOSAL REVIEW: The guidelines and criteria that inform GOCO’s project review and
decision-making process is available on our website. GOCO strives to support applicants through
the application process with feedback and guidance to minimize the investment of partner time
and resources on concepts and applications deemed less competitive. GOCO is committed to a
5
fair, equitable, and efficient review process from concept papers to applications and will use a
consensus-based process to arrive at funding recommendations. GOCO relies upon the collective
wisdom of reviewers rather than vesting power or authority in individual reviewers.
GOCO staff will review concept papers on a rolling basis, prior to the concept paper submission
deadline for the concurrent grant cycle. The concepting stage is an iterative process between
GOCO’s regional program officers and partners to generate the best possible proposal for any
given grant round. GOCO staff will evaluate the merit of each proposal and assess the project’s
relative potential to help advance one or more of GOCO’s program values. The review is
comprehensive across GOCO’s four base programs – Community Impact, Stewardship Impact,
Planning & Capacity, and Land Acquisition. GOCO staff will invite successful concept paper
applicants to submit a full application and will provide feedback to unsuccessful applicants.
Invited applications submitted by the due date are subject to a formal peer review process where
GOCO will convene a group of peer reviewers to evaluate project merit. Reviewers will assess
each application, including any additional supplemental or clarifying information submitted. As
with the concept paper review, GOCO will provide feedback to unsuccessful applicants.
Grant Administration Information
If a grant is awarded, GOCO will assign a Grants Officer to work with the project lead on all
aspects of grant administration including execution of a grant agreement, due diligence items,
reporting criteria, grant payment options, and signage requirements.
GOCO prefers to disburse funds on a reimbursement basis with a single payment occurring
when the project is completed. However, grantees can request one progress payment of up to
75% of the grant amount prior to project completion with the remaining 25% paid upon project
completion. Should either reimbursement option create barriers for project completion, please
discuss available alternatives, including partial advanced payments, with your regional program
officer.
Please contact a Grants Officer now if additional grant administration information is a necessary
consideration prior to application. You can find relevant contact information at the link below.
Contact
6
Our Grant Programs team is available to discuss your project and proposal so feel free to reach
out using the contact information found on our staff webpage. We look forward to working with
you!
COMMUNITY IMPACT PROGRAM APPLICATION
1
Checklist
To ensure equity among applicants we ask that you adhere to the following when submitting
materials. Please do not submit additional documents outside of those requested below.
☐ Project Summary Information form
☐ Responses to Proposal Narrative prompts
☐ Limit narrative responses to 6 pages
☐ Use 11 pt or larger font and 1-inch margins for formatting
☐ Do not include letterhead or organizational logos as part of the narrative
☐ Please limit the use of hyperlinks. Hyperlinks to other materials, such as a project
website, may be included to demonstrate project elements that cannot be illustrated
as an attachment due to scope or file size.
☐ Budget and optional budget narrative*
☐ Resolution from governing body of each applicant
☐ Wildlife Review*
☐ Indication of support (up to five e.g. letters of support from partners, community members,
volunteers; summary of media articles, broadcasts; testimonials, etc.)
☐ Applicants may consider providing the following attachments:
☐ Maps or diagrams (up to two pages; highly recommended to provide a sense of
location, community assets, and scope of work)
☐ Planning documents (extract up to two pages of pertinent information, e.g.
infographic, process outlines, comments, data)
☐ Photos (up to two pages)
☐ Timeline
* Please use the template or form provided on the program page.
2
Project Summary Information
Project Title:
Applicant
Organization(s):
Applicant
Name(s):
Partner Organization (if applicable):
Partner Name (if applicable):
Amount Requested:
Estimated Total Project Cost:
Estimated Grant Period (years):
Brief Project Description (limit to space provided without expanding the text box; use 10 pt font)
3
Proposal Narrative
Please submit a concise narrative using the following prompts. Responses need not follow the
formatting below but should answer all considerations put forth. Please limit narrative
responses to 6 pages:
● Describe the proposed project and the community need it will address related to outdoor
recreation and/or outdoor education. Discuss the multi-faceted benefits of this project
and how it will enhance your community’s quality of life.
● Reflect on the community-driven nature of this project and what that means for your
community. Discuss efforts to date or any anticipated work to involve community
members in project visioning and design and to elevate unheard voices in your
community.
● Reflect on the intended outcomes of your project and the multiple benefits it will
provide for your community and discuss the partnerships you have or will pursue to
achieve those benefits. Discuss the nature of each partnership and what it will bring to
the table.
970.748.4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, General Government Manager Eric Heil, Town Manager RE: Appointment to Boards & Commissions DATE: February 23, 2023
SUMMARY: Council was asked to review, discuss and approve the board, committee, authority and other agency appointments at the January 10th meeting. A few requests to make some adjustments have come up since the appointments in January so this item is back before Council so Council can revisit a few of the appointments. REVISITS: The following suggestions and recommendations are based on feedback from Councilors and provided for final review: Rich Carroll will remain representative for Finance Committee, EGE Air Alliance and Vail Valley Economic Development Advisory Council and requests serving as the second alternate as Avon’s representative on the Upper Eagle Regional Water Authority. Ruth Stanley will remain representative for Culture, Arts & Special Events (CASE) Committee, Eagle County Homebuyers Assistance Committee, and Public Access TV: High Five and will be removed from Health & Recreation Committee due to conflicts. Chico Thuon will remain representative for NWCCOG and Traer Creek Liaisons and will be removed from CAST, I-70 Coalition, and Upper Eagle Regional Water Authority due to conflicts. Tamra Underwood will remain representative on the Upper Eagle Regional Water Authority and Finance Committee and will be removed as NWCCOG alternate due to conflicts. With these changes, there are positions open for the following boards:
Colorado Association of Ski Towns (CAST) (primary)
Health & Recreation Committee (Ex-Officio)
I-70 Coalition (Alternate)
NWCCOG (Alternate) PROPOSED MOTION: “I move to approve the revised appointments to Boards and Commissions as discussed by Council this evening effective February 28, 2023.” Thank you, Ineke & Eric ATTACHMENT A: Board, Committee, Authority and Other Agency Appointments.
TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS
Adopted January 10, 2023 Agency Description Council Assignments
ADOPTED 2023 Appointments to Boards and Commissions(Adopted Jan 10, 2023) Page 1
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.
Every Other Month Meetings, 2nd Friday at 10am for 90 minutes.
Appointment: Primary must be Elected, Alternate can be Staff
Primary: LINDSAY HARDY Alternate: ERIC HEIL
Colorado Association of Ski Towns (CAST) 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
Quarterly Meeting
Appointment: Must be Elected, appointment is only for purpose of casting vote and is not related to eligibility to attend CAST meetings
Primary: REMOVE CHICO THUON Alternate: LINDSAY HARDY
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.
Sporadic Meetings
Appointment: Elected or Staff
Primary: LINDSAY HARDY Alternate: ERIC HEIL
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, Town Manager or Town Attorney
Primary: KARL HANLON
ATTACHMENT A
TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 10, 2023 Agency Description Council Assignments
ADOPTED 2023 Appointments to Boards and Commissions(Adopted Jan 10, 2023) Page 2
Quarterly Meeting (Denver CML Offices)
Culture, Arts & Special Events (CASE) Committee The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events Committee. The CASE Committee is composed of seven voting members and two Ex-Officio Non-Voting Council members appointed by Town Council. Monthly Meeting (Avon) Start Time typically 12:30 PM for 90 Minutes
Two ex-officio non-voting members: Ex-Officio 1: RUTH STANLEY Ex-Officio 2: LINDSAY HARDY
Eagle County Home Buyer Assistance Committee ("HBAC") Tori Franks: Eagle County 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. This is 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. Quarterly Meetings
Appointment: Elected or Staff Primary: RUTH STANLEY And JENA SKINNER
Eagle County Regional Transportation Authority & Eagle County Regional Trails (ECO) Eagle Valley Transportation Authority
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. Monthly Meetings at 12:30 on 2nd Wednesday, 90-120 minutes
Appointment: Elected Primary Representative: AMY PHILLIPS Alternate: RJ ANDRADE
TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 10, 2023 Agency Description Council Assignments
ADOPTED 2023 Appointments to Boards and Commissions(Adopted Jan 10, 2023) Page 3
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, Megan Burch and Tamra Underwood (she holds a citizen seat, not Avon’s appointed seat). Quarterly Meetings (half day)
Appointment: Elected or Appointed Town Council also must approve other board member appointments when a vacancy occurs. Primary: ERIC HEIL Alternate: RJ ANDRADE Finance Committee The Finance Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of five voting members and two Ex-Officio Non-Voting Council members appointed by Town Council. Quarterly Meeting (Avon) Start Time typically 5:00 PM for 90 Minutes
Two ex-officio non-voting members: Ex-Officio 1: RICH CARROLL Ex-Officio 2: TAMRA UNDERWOOD
Health & Recreation Committee The Health & Rec Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of four voting members and two rotating Ex-Officio Non-Voting Council members appointed by Town Council. Bi-Monthly Meeting (Avon) Start Time typically 10:00 AM for 90 Minutes
Two ex-officio non-voting members (alternate): Ex-Officio 1: REMOVE RUTH STANLEY Ex-Officio 2: RJ ANDRADE
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 Primary:
TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 10, 2023 Agency Description Council Assignments
ADOPTED 2023 Appointments to Boards and Commissions(Adopted Jan 10, 2023) Page 4
Monthly Meeting EVA WILSON Alternate: REMOVE CHICO THUON Northwest Colorado Council of Governments (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. Meetings are every other month (half day); virtual option
Appointment: Elected or staff Primary: CHICO THUON Alternate: REMOVE TAMRA UNDERWOOD
Public Access TV: High Five Access Media Voting representative on the Board of the nonprofit organization that manages noncommercial public, educational and governmental programming; receives Town's PEG fees from COMCAST. Quarterly Meeting (Avon)
Appointment: Elected Primary: RUTH STANLEY Alternate: AMY PHILLIPS Traer Creek Liaisons Regular monthly meetings to review and discuss matters related to the Village (at Avon), Traer Creek LLC, and Traer Creek Metropolitan District. Town Manager and other Staff typically join. This is an informal appointment (i.e. not an official Board or Commission and no voting authority). Monthly meeting, third Tuesday, 8:30 am to 10am.
Appointment: Elected or Appointed Primary: CHICO THUON & LINDSAY HARDY
TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 10, 2023 Agency Description Council Assignments
ADOPTED 2023 Appointments to Boards and Commissions(Adopted Jan 10, 2023) Page 5
Upper Eagle Regional Water Authority (UERWA)
Town's voting representative on the six-member board; responsible for all elements of delivering potable water to the Town and managing water rights Monthly Meetings – 4th Thursday except for November & December when they are held on the 3rd Thursday, 8:30 AM for full morning
Appointment: Elected, Staff or other Primary: TAMRA UNDERWOOD Alternate: REMOVE CHICO THUON ADD RICH CARROLL 2nd Alternate: ERIC HEIL 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. Quarterly Meetings
Appointment: Elected or Town Manager Primary: RICH CARROLL Alternate: AMY PHILLIPS
VVP: 2. Economic Development Leadership Council serves under the umbrella of the Vail Valley Partnership Vail Valley Economic Development Advisory Council
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. Quarterly Meetings
Primary Representative: Elected or Appointed Primary: RJ ANDRADE Alternate: RICH CARROLL
(970) 748-4055 swright@avon.org
TO: FROM: RE: DATE:
Honorable Mayor Phillips and Council membersScott Wright, Finance Director 2022 Audit Engagement Letter February 28, 2023
SUMMARY: An engagement letter with McMahan and Associates for the independent audit of the Town's 2022 financial statements is included for approval by motion.
BACKGROUND: The Finance Department issued a Request for Proposal for Professional Auditing Services in December, 2021. Proposals were sent to 6 firms in Colorado that are well known for performing audits of local governments of our size, as well as being placed on the Town's website. Of the 6 firms, 4 contacted the Town directly to indicate that they were not in a position to propose on the engagement. One firm did not respond. McMahan and Associates submitted a timely proposal that met all the requirements of the RFP and their estimate of fees appears to be reasonable and in-line with fees from previous years.
The attached engagement letter is in the standard form recommended by the American Institute of Certified Public Accountants for local government engagements. The fee for the 2022 audit is estimated to be $25,935. In addition, due to Federal funds being received by the Town, the Town will need to have a Single Audit performed for an additional fee of $4,465. The entire fee totaling $30,400. Last year, the 2021 audit was performed for a total fee, including the Single Audit, of $28,950.
PROPOSED MOTION: "Move to approve the audit engagement letter with McMahan and Associates for the 2022 calendar year independent audit."
Thank you, Scott
ATTACHMENTS:
A - Engagement Letter
B - McMahan and Associates Audit Proposal and Transmittal Letter
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
M
&
A
January 23, 2023
Town of Avon, ColoradoP.O. Box 975Avon, Colorado 81620-0975c/o Scott Wright, Finance Director
Dear Client:
You have requested that we audit the financial statements of the governmental activities, the business-
type activities, each major fund, and the aggregate remaining fund information of Town of Avon (the
“Town”) as of December 31, 2022 and for the year then ended, and the related notes to the financial
statements, which collectively comprise the Town’s basic financial statements. In addition, we will audit
the Town’s compliance over major federal award programs for the year ended December 31, 2022.
Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an
opinion on compliance regarding the Town’s major federal award programs. The objectives of our audit
of the financial statements are to obtain reasonable assurance about whether the financial statements as
a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s
report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute
assurance and therefore is not a guarantee that an audit conducted in accordance with auditing
standards generally accepted in the United States of America (“U.S. GAAS”) and Government Auditing
Standards issued by the Comptroller General of the United States of America will always detect a material
misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are
considered material if there is a substantial likelihood that, individually or in the aggregate, they would
influence the judgment made by a reasonable user based on the financial statements.
The objectives of our compliance audit are to obtain sufficient appropriate audit evidence to form an
opinion and report at the level specified in the governmental audit requirement about whether the Town
complied in all material respects with the applicable compliance requirements and identify audit and
reporting requirements specified in the governmental audit requirement that are supplementary to U.S.
GAAS and Government Auditing Standards, if any, and perform procedures to address those
requirements.
Accounting principles generally accepted in the United States of America (“U.S. GAAP”), as promulgated
by the Governmental Accounting Standards Board (“GASB”) require that supplementary information, such
as management’s discussion and analysis, to supplement the Town’s basic financial statements. Such
information, although not a part of the basic financial statements, is required by the GASB, who considers
it to be an essential part of financial reporting for placing the basic financial statements in an appropriate
operational, economic, or historical context. As part of our engagement, we will apply certain limited
procedures to the required supplementary information (“RSI”) in accordance with U.S. GAAS. These
limited procedures will consist primarily of inquiries of management regarding their methods of
measurement and presentation, and comparing the information for consistency with management’s
responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI.
Member: American Institute of Certified Public Accountants
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 2
The following RSI is required by U.S. GAAP. This RSI will be subjected to certain limited procedures but
will not be audited:
Management’s Discussion and Analysis
We have also been engaged to report on RSI is required by U.S. GAAP and supplementary information
other than RSI (“SI”) that accompanies the Town’s financial statements. We will subject the following RSI
and SI to the auditing procedures applied in our audit of the financial statements and certain additional
procedures, including comparing and reconciling such information directly to the underlying accounting
and other records used to prepare the financial statements or to the financial statements themselves, and
other additional procedures in accordance with U.S. GAAS and will provide an opinion on it in relation to
the financial statements as a whole:
RSI:
Budgetary comparison schedules for the General Fund and major special revenue funds
SI:
Combining Balance Sheet –Non-major Governmental Funds
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances –Non-major
Governmental Funds
Budgetary comparison schedules –Proprietary Funds
Budgetary comparison schedules –Internal Service Funds
Local Highway Finance Report
Schedule of Expenditures of Federal Awards (“SEFA”)
The following additional information accompanying the financial statements will not be subjected to the
auditing procedures applied in our audit of the financial statements, and for which our auditor’s report will
not provide an opinion or any assurance:
Introductory section of the Town’s Annual Comprehensive Financial Report (“ACFR”)
Statistical section of the Town’s ACFR
Schedule of Expenditures of Federal Awards
We will subject the SEFA to the auditing procedures applied in our audit of the basic financial statements
and certain additional procedures, including comparing and reconciling the schedule to the underlying
accounting and other records used to prepare the financial statements or to the financial statements
themselves, and additional procedures in accordance with U.S. GAAS. We intend to provide an opinion
on whether the SEFA is presented fairly in all material respects in relation to the financial statements as a
whole.
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 3
Data Collection Form
Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that
are our responsibility. The form will summarize our audit findings, amounts and conclusions. It is
management’s responsibility to submit a reporting package including financial statements, SEFA,
summary schedule of prior audit findings and corrective action plan along with the Data Collection Form
to the federal audit clearinghouse. The financial reporting package must be text searchable,
unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit
clearinghouse. We will assist you in the electronic submission and certification. You may request from us
copies of our report for you to include with the reporting package submitted to pass-through entities.
The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our
auditors’ reports or nine months after the end of the audit period, unless specifically waived by a federal
cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors
in assessing programs at a higher risk.
Audit of the Financial Statements
We will conduct our audits in accordance with U.S.GAAS, the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United States of
America; the audit requirements of Title 2,U.S. Code of Federal Regulations,Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the “Uniform
Guidance”). As part of an audit of financial statements in accordance with U.S. GAAS and Government
Auditing Standards,we exercise professional judgment and maintain professional skepticism throughout
the audit. We will also:
Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, design and perform audit procedures responsive to those risks, and obtain audit
evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not
detecting a material misstatement resulting from fraud is higher than for one resulting from error,
as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override
of internal control.
Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the Town’s internal control. However, we will communicate to you
in writing concerning any significant deficiencies or material weaknesses in internal control
relevant to the audit of the financial statements that we have identified during the audit.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements, including the disclosures, and whether the financial statements represent
the underlying transactions and events in a manner that achieves fair presentation.
Conclude, based on the audit evidence obtained, whether there are conditions or events,
considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a
going concern for a reasonable period of time.
Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an
unavoidable risk that some material misstatements or noncompliance may not be detected exists, even
though the audit is properly planned and performed in accordance with U.S. GAAS and Government
Auditing Standards. Please note that the determination of abuse is subjective and Government Auditing
Standards does not require auditors to detect abuse.
Our responsibility as auditors is limited to the period covered by our audit and does not extend to any
other periods.
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 4
Audit of the Financial Statements (continued)
We will issue a written report upon completion of our audit of the Town’s basic financial statements. Our
report will be addressed to the Board Council. Circumstances may arise in which our report may differ
from its expected form and content based on the results of our audit. Depending on the nature of these
circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-
matter paragraph(s) to our auditor’s report, or if necessary, withdraw from the engagement.If our
opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you
in advance.If, for any reason, we are unable to complete the audit or are unable to form or have not
formed opinions, we may decline to express opinions or to issue a report as a result of this engagement.
In accordance with the requirements of Government Auditing Standards, we will also issue a written
report describing the scope of our testing over internal control over financial reporting and over
compliance with laws, regulations, and provisions of grants and contracts, including the results of that
testing. However, providing an opinion on internal control and compliance over financial reporting will not
be an objective of the audit and, therefore, no such opinion will be expressed.
Audit of Major Program Compliance
Our audit of Town’s major federal award program(s) compliance will be conducted in accordance with the
requirements of the Single Audit Act, as amended; and the Uniform Guidance,and will include tests of
accounting records, a determination of major programs in accordance with the Uniform Guidance and
other procedures we consider necessary to enable us to express such an opinion on major federal award
program compliance and to render the required reports. We cannot provide assurance that an
unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary
for us to modify our opinion or withdraw from the engagement.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance
about whether material noncompliance with applicable laws and regulations, the provisions of contracts
and grant agreements applicable to major federal award programs, and the applicable compliance
requirements occurred, whether due to fraud or error, and express an opinion on the Town’s compliance
based on the audit. Reasonable assurance is a high level of assurance but is not absolute assurance
and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS, Government
Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists.
The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from
error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of
internal control. Noncompliance with the compliance requirements is considered material if there is a
substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a
reasonable user of the report on compliance about the Town’s compliance with the requirements of the
federal programs as a whole.
As part of a compliance audit in accordance with U.S. GAAS and Governmental Auditing Standards, we
exercise professional judgment and maintain professional skepticism throughout the audit. We also
identify and assess the risks of material noncompliance, whether due to fraud or error, and design and
perform audit procedures responsive to those risks.
Our procedures will consist of determining major federal programs and, performing the applicable
procedures described in the U.S. Office of Management and Budget’s OMB Compliance Supplement for
the types of compliance requirements that could have a direct and material effect on each of the Town’s
major programs, and performing such other procedures as we considers necessary in the circumstances.
The purpose of those procedures will be to express an opinion on the Town’s compliance with
requirements applicable to each of its major programs in our report on compliance issued pursuant to the
Uniform Guidance.
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 5
Audit of Major Program Compliance (continued)
Also, as required by the Uniform Guidance, we will obtain an understanding of the Town’s internal control
over compliance relevant to the audit in order to design and perform tests of controls to evaluate the
effectiveness of the design and operation of controls that we consider relevant to preventing or detecting
material noncompliance with compliance requirements applicable to each of the Town’s major federal
award programs.Our tests will be less in scope than would be necessary to render an opinion on these
controls and, accordingly, no opinion will be expressed in our report. However, we will communicate to
you, regarding, among other matters, the planned scope and timing of the audit and any significant
deficiencies and material weaknesses in internal control over compliance that we have identified during
the audit.
We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the
Town’s major federal award programs, and a report on internal controls over compliance that will report
any significant deficiencies and material weaknesses identified; however, such report will not express an
opinion on internal control.
Management’s Responsibilities
Our audit will be conducted on the basis that management acknowledge and understand that they have
responsibility:
1.For the preparation and fair presentation of the financial statements in accordance with U.S.
GAAP;
2.For the design, implementation, and maintenance of internal control relevant to the preparation
and fair presentation of financial statements that are free from material misstatement, whether
due to fraud or error;
3.For identifying, in its accounts, all federal awards received and expended during the year and the
federal programs under which they were received;
4.For maintaining records that adequately identify the source and application of funds for federally
funded activities;
5.For preparing the SEFA (including notes and noncash assistance received) in accordance with
the Uniform Guidance;
6.For designing, implementing, and maintaining effective internal control over federal awards that
provides reasonable assurance that the Town is managing federal awards in compliance with
federal statutes, regulations, and the terms and conditions of the federal awards;
7.For identifying and ensuring that the Town complies with federal laws, statutes, regulations, rules,
provisions of contracts or grant agreements, and the terms and conditions of federal award
programs, and implementing systems designed to achieve compliance with applicable federal
statutes, regulations, and the terms and conditions of federal award programs;
8.For disclosing accurately, currently, and completely the financial results of each federal award in
accordance with the requirements of the award;
9.For identifying and providing report copies of previous audits, attestation engagements, or other
studies that directly relate to the objectives of the audit, including whether related
recommendations have been implemented;
10.For taking prompt action when instances of noncompliance are identified;
11.For addressing the findings and recommendations of auditors, for establishing and maintaining a
process to track the status of such findings and recommendations and taking corrective action on
reported audit findings from prior periods and preparing a summary schedule of prior audit
findings;
12.For following up and taking corrective action on current year audit findings and preparing a
corrective action plan for such findings;
13.For submitting the reporting package and data collection form to the appropriate parties;
14.For making the auditor aware of any significant contractor relationships where the contractor is
responsible for program compliance
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 6
Management’s Responsibilities (continued)
15.To provide us with:
a.Access to all information of which management is aware that is relevant to the preparation
and fair presentation of the financial statements including the disclosures, and relevant to
federal award programs, such as records, documentation, and other matters;
b.Additional information that we may request from management for the purpose of the audit;
c.Unrestricted access to persons within the Town from whom we determine it necessary to
obtain audit evidence;
d.A written acknowledgement of all the documents that management expects to issue that will
be included in the annual report and the planned timing and method of issuance of that
annual report;and
e.A final version of the annual report (including all the documents that, together, comprise the
annual report) in a timely manner prior to the date of the auditor’s report.
16.For adjusting the financial statements to correct material misstatements and confirming to us in
the management representation letter that the effects of any uncorrected misstatements
aggregated by us during the current engagement and pertaining to the current period under audit
are immaterial, both individually and in the aggregate, to the financial statements as a whole;
17.For acceptance of non-attest services, including identifying the proper party to oversee non-attest
work;
18.For maintaining adequate records, selecting and applying accounting principles, and
safeguarding assets;
19.For informing us of any known or suspected fraud affecting the Town involving management,
employees with significant role in internal control and others where fraud could have a material
effect on compliance;
20.For the accuracy and completeness of all information provided;
21.For taking reasonable measures to safeguard protected personally identifiable and other sensitive
information; and
22.For confirming your understanding of your responsibilities as defined in this letter to us in your
management representation letter.
With regard to the SEFA referred to above, you acknowledge and understand your responsibility (a) for
the preparation of the SEFA in accordance with the Uniform Guidance, (b) to provide us with the
appropriate written representations regarding the SEFA, (c) to include our report on the SEFA in any
document that contains the SEFA and that indicates that we have reported on such schedule, and (d) to
present the SEFA with the audited financial statements, or if the schedule will not be presented with the
audited financial statements, to make the audited financial statements readily available to the intended
users of the SEFA no later than the date of issuance by you of the schedule and our report thereon.
As part of our audit process, we will request from management written confirmation concerning
representations made to us in connection with the audit.
We understand that your employees will prepare all confirmations we request and will locate any
documents or invoices selected by us for testing.
If you intend to publish or otherwise reproduce the financial statements and make reference to our firm,
you agree to provide us with printers’ proofs or masters for our review and approval before printing. You
also agree to provide us with a copy of the final reproduced material for our approval before it is
distributed.
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 7
Non-attest Services
At the end of the year, we agree to perform the following:
Propose adjusting or correcting journal entries to be reviewed and approved by the Town’s
management.
We may assist with preparation of the financial statements but the ultimate authority for review
and preparation rests with you.
We will not assume management responsibilities on behalf of the Town.However, we will provide advice
and recommendations to assist management in performing its responsibilities.
Management is responsible for (a) making all management decisions and performing all management
functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the
services performed; (d) evaluating and accepting responsibility for the results of the services performed;
and (e) establishing and maintaining internal controls, including monitoring ongoing activities.
Our responsibilities and limitations of the non-attest services are as follows:
We will perform the services in accordance with applicable professional standards, including
GASB Standards.
The non-attest services are limited to the drafting of financial statements previously outlined. Our
firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take
any action that could be construed as making management decisions or assuming management
responsibilities, including determining account coding and approving journal entries.Our firm
may advise the Town with regard to options regarding the presentation of financial statements,
however the Town must make all decisions with regard to those matters.
Engagement Administration
Paul Backes, CGMA, CPA is the engagement partner and is responsible for supervising the engagement
and signing the report. Additional firm personnel will be assigned to the engagement as considered
necessary. We will begin our audit and issue our reports on a mutually agreed-upon date.
Our fee for these services will be based on our standard hourly rates, plus out-of-pocket costs (such as
report reproduction, word processing, postage, travel, copies, telephone, etc.). Our standard hourly rates
vary according to the degree of responsibility involved and the experience level of the personnel assigned
to your audit. Our fee will not exceed the maximum fee on our most recent proposal. This fee estimate is
based on anticipated cooperation from your personnel and the assumption that unexpected
circumstances will not be encountered during the audit, including significant changes in the size and
nature of the Town’s operations or the state of its accounting records and controls. If significant
additional time is necessary, we will keep you informed of any problems we encounter and our fees will
be adjusted accordingly.
Please note that our fee quotations represent all costs for completion of the audit of the Town’s financial
statements; including all relevant telephone conferences or other such meetings as may be required to
complete the audit and present the required reports within the agreed-upon time frame. It does not
however, include account reconciliation or other requested financial statement work. If account
reconciliation or other financial statement work is required, we will discuss the specific circumstances with
you prior to performing such additional work.
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 8
Engagement Administration (continued)
Our invoices for these fees will be rendered each month as work progresses and are payable on
presentation. In accordance with our firm policies, work may be suspended if your account becomes
overdue and may not be resumed until your account is paid in full. If we elect to terminate our services
for nonpayment, our engagement will be deemed to have been completed upon written notification of
termination, even if we have not completed our report. You will be obligated to compensate us for all time
expended and to reimburse us for all out-of-pocket costs through the date of termination.
During the course of the engagement, we may communicate with you or your personnel via fax or e-mail,
and you should be aware that communication in those mediums contains a risk of misdirected or
intercepted communications.
Regarding the electronic dissemination of audited financial statements, including financial statements
published electronically on your Internet website, you understand that electronic sites are a means to
distribute information and, therefore, we are not required to read the information contained in these sites
or to consider the consistency of other information in the electronic site with the original document.
Professional standards prohibit us from being the sole host and/or the sole storage for your financial and
non-financial data. As such, it is your responsibility to maintain your original data and records and we
cannot be responsible to maintain such original information. By signing this engagement letter, you affirm
that you have all the data and records required to make your books and records complete.
The audit documentation for this engagement is the property of McMahan and Associates, L.L.C. and
constitutes confidential information. However, pursuant to authority given by law or regulation, we may
be requested to make certain audit documentation available to the Town’s cognizant or oversight agency
or its designee, a federal agency providing direct or indirect funding, or the United States Government
Accountability Office, or peer reviewers for purposes of a quality review of the audit, to resolve audit
findings, or to carry out oversight responsibilities. If requested, access to such audit documentation will
be provided under the supervision of McMahan and Associates, L.L.C. personnel. Furthermore, upon
request, we may provide copies of selected audit documentation to the aforementioned parties. These
parties may intend, or decide, to distribute the copies or information contained therein to others, including
other governmental agencies.
We agree to retain our audit documentation or work papers for a period of at least five years from the
date of our report.
You agree to inform us of facts that may affect the financial statements of which you may become aware
during the period from the date of the auditor’s report to the date the financial statements are issued.
ATTACHMENT A
Avon, Colorado
January 23, 2023
Page 9
Engagement Administration (continued)
During the course of the audit, we may observe opportunities for economy in, or improved controls over,
your operations. We will bring such matters to the attention of the appropriate level of management,
either orally or in writing. At the conclusion of our audit engagement, we will communicate to the Town
Council the following significant findings from the audit:
Our view about the qualitative aspects of the Town’s significant accounting practices;
Significant difficulties, if any, encountered during the audit;
Uncorrected misstatements, other than those we believe are trivial, if any;
Disagreements with management, if any;
Other findings or issues, if any, arising from the audit that are, in our professional judgment,
significant and relevant to those charged with governance regarding their oversight of the
financial reporting process;
Material, corrected misstatements that were brought to the attention of management as a result of
our audit procedures;
Representations we requested from management;
Management’s consultations with other accountants, if any; and
Significant issues, if any, arising from the audit that were discussed, or the subject of
correspondence, with management.
In accordance with the requirements of Government Auditing Standards, we have attached a copy of our
latest external peer review report of our firm for your consideration and files.
We appreciate the opportunity to be of service to Town of Avon and look forward to working with you and
your staff on this engagement. Please sign where indicated below to indicate your acknowledgment of,
and agreement with, the arrangements for this engagement, including our respective responsibilities.
Very truly yours,
McMAHAN and ASSOCIATES, L.L.C.
This letter correctly sets forth the understanding of Town of Avon with respect to the services to be
performed by McMahan and Associates, L.L.C.
TOWN OF AVON, COLORADO
BY:
Signature:_________________________________
Title:_________________________________
Date:_________________________________
ATTACHMENT A
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
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ATTACHMENT B
970.748.4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, General Government Manager RE: Council Consideration to Support Bureau of Land Management (BLM) Sign-on Letter DATE: February 17, 2023
SUMMARY: The Town of Avon was contacted by Anna Peterson, who is the Executive Director of The Mountain Pact. This group is asking about Avon's support to sign onto the Colorado-specific letter (Attachment A) addressed to Doug Vilsak, Colorado's Bureau of Land Management (BLM) state director, urging the BLM to take action to protect more lands through tools they already have at their disposal.
This letter will be open through the end of March. Individual officials (and former) can sign on though they'd love full
councils/commissions to sign on.
If council is interested in supporting this effort, staff will work with the Mountain Pact to sign onto the letter to express
Avon’s support.
SAMPLE MOTION: “I move to direct staff to sign-on to the Colorado-specific letter in Attachment A to express Avon’s support in urging the BLM to take action to protect more lands through tools they already have at their disposal.“
AVAILABLE ACTIONS:
1. Approve the sample motion as drafted.
2. Approve the sample motion, with modifications.
3. Continue to March 14, 2023, or other meeting defined by Town Council.
4. Reject the motion if council is not interested in considering support.
Thank you, Ineke
ATTACHMENTS: A. The Mountain Pact, Colorado-Specific BLM Sign-on Letter.
DATE
Doug Vilsack, State Director
Bureau of Land Management (BLM) Colorado State Office
2850 Youngfield St.
Lakewood, Colorado 80215
Dear State Director Vilsack,
Colorado’s public lands are deeply valued by its people because they provide important health and economic benefits.
The 8.3 million acres of federal public lands within Colorado that are overseen by the Bureau of Land Management (BLM)
are particularly important. These lands support a diverse array of outdoor recreation activities and create jobs through
the tourism sector that are the backbone of many of our communities. They also provide important wildlife habitat and
corridors, which are integral to an intact ecosystem that make it easier for species to adapt to climate change.
As local elected officials in Colorado, we would like to express our commitment to protecting these landscapes which
provide so much to our communities. We commend BLM on recent agency guidance that prioritizes the health of public
lands and encourage the BLM to continue to place conservation at the forefront of the rulemaking that will occur in
2023.
These incredible public lands represent just a sliver of the many places within the BLM lands in Colorado that need to be
protected. This is why we were excited to see that rules for the designation of Areas of Critical Environmental Concern
(ACEC)have been clarified so that this type of designation may be prioritized during land use planning processes. The
designation of ACECs is an important step in ensuring critical ecosystems within our public lands are protected, since
they can help at-risk and endangered species recover, help clean watersheds, and preserve Indigenous culture.
Interconnected landscapes that allow species to reach new habitat areas is another important aspect of preserving
ecosystems. We would therefore also like to express our appreciation for the BLM’s recent guidance related to Habitat
Connectivity on Public Lands.
As the ancestral home of many Indigenous communities, Colorado’s public lands can especially benefit from
management that incorporates the knowledge and perspectives of native Tribes. Because of this, we support the BLM’s
commitment to incorporate co-stewardship between the federal and tribal governments into the management practices
overseeing these lands. We believe that this is not only good for the conservation and sustainability of Colorado
landscapes, but will also benefit our communities by bringing more, underrepresented voices to the table.
Finally, in addition to the conservation efforts we’ve highlighted above, we also strongly encourage the BLM to use other
existing tools to protect public lands across the state. In particular, we call your attention to designating new Wilderness
Study Areas (WSAs). The BLM has the authority to ensure that lands with wilderness character are administratively
protected as WSAs. These areas are often the first to be identified by our congressional leaders for legislative designation
as wilderness and for many of our communities these are the iconic landscapes that define our state.
ATTACHMENT A
The BLM’s mission is “to sustain the health, diversity, and productivity of public lands for the use and enjoyment
of present and future generations.” For years BLM has prioritized extractive uses like oil and gas development
while largely overlooking sustaining the health and diversity of BLM lands.
As 2023 progresses, we look forward to the BLM prioritizing the conservation of our shared public lands. With
this in mind, we strongly encourage that the BLM rulemaking emphasizes ecological integrity, preservation of
vulnerable resources, and maintaining access to outdoor recreation. These efforts at the national level will
positively impact BLM lands in our communities and across Colorado.
Sincerely,
Page 1 of 7
TO: Honorable Mayor Smith Hymes and Council FROM: Justin Hildreth, Town Engineer Eric Heil, Town Manager RE: 2023 Capital Improvements Projects DATE: February 24, 2023
SUMMARY: This work session is to review the long-range Capital Improvements Projects Plan (“CIP Plan”) as requested by Council during the February 14, meeting while discussing the projects planned for Harry A. Nottingham Park. This report outlines available revenue, CIP Plan policies, proposed projects and options for Council. Additional work sessions to discuss the Capital Improvements Projects Plan include:
• March 14, 2023, to discuss alternative options for the North Restrooms and East Park
Improvements.
• March 28, 2023, to discuss affordable housing site options and the Public Works Facility long range plan.
• April 11, 2023, to update Council on the 2023 summer Capital Projects Program.
Attachment A is a report by Town Manager Eric Heil summarizing future capital projects that are either not funded or are in the planning stages.
REQUESTED COUNCIL DIRECTION: Staff is not requesting any specific direction from Council; the goal is present the CIP Plan in anticipation of the (3) work sessions scheduled in March and April. Any Council
questions or requests for more detailed information are welcome. Many of the projects are in the planning phase and estimates will be refined throughout the planning and design processes. Staff presentation will focus on the 2023 CIP list approved as approved in the budget.
AVAILABLE REVENUE: Council has the following identified revenue sources that can be used for capital improvement projects in 2023:
Page 2 of 7
TABLE 1: 2023 CAPITAL PROJECTS FUND REVENUE
Real Estate Transfer Tax ($4.5M base level less) $4,500,000
Real Estate Transfer Tax interest earnings $300,000
Asphalt Overlay Account (Village at Avon Roads) $250,000
Water Fund $756,250
Community Enhancement Funds $120,000
Avon Urban Renewal Authority $1,000,000
TOTAL Projected Revenues $5,165,431
Grant Revenues (US6 Safety Improvements) $3,300,000
Projected Fund Balance (12/13/2022, Unreserved) $8,853,967
TOTAL AVAILABLE FUNDS for 2023 $17,319,398
Proposed CIP Expenditures in 2023 $17,909,312
CIP Policies and Restrictions on Various Fund Sources: The following policies have been used for the
CIP fund:
• The Town strives to maintain a minimum $1,000,000 balance in the CIP fund for emergencies and unforeseen capital improvement expenditures.
• The projected RETT revenue base of $4.5 million is conservative. The projected revenue was increased from $3.3 million used in previous budgets. Revenues which exceed the annual budget projection carry-over in the fund balance to the next budget year.
• The Avon Urban Renewal Area currently has $1,000,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon
Elementary School, and north to the Buck Creek Medical Plaza north of I-70. The West Avon Urban Renewal Plan broadly authorizes expenditure of URA funds on Town properties and Town public
infrastructure in this area. Capital Projects Scheduling: The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage cost requires planning and design in the first year for a new project, and then bidding and construction the following year.
Capital Projects Prioritization: A master list of projects is developed based on existing maintenance needs, requests from the Leadership Team and Council, and the Comprehensive Plan and sub-Plans. Projects are prioritized and recommended for inclusion in the Capital Projects Fund based on the following criteria:
Page 3 of 7
• Maintenance of Existing Street Network: The Town desires to keep its existing street network in excellent condition, including asphalt surface, bridges, guardrail, retaining walls, streetlights, drainage and pedestrian facilities.
• Maintenance of Existing Facilities: Ensuring the existing facilities are fully maintained and
operated efficiently.
• Public Safety: The protection of the public’s safety including flood mitigation, fire prevention and pedestrian safety.
• Climate Goals and Water Quality: The Town’s adopted Climate Action Plan recommends reducing the amount of carbon generated operating our facilities and improving the quality of water
in the Eagle River.
• Implementation of Town of Avon Comprehensive Plan: The Comprehensive Plan recommends improvements along the Main Street Mall and Harry A. Nottingham Park including extension of the Main Street Mall to Lake Street, and redevelopment of the former Town Hall and Fire Station Sites.
Year End Fund Balance:
The year-end unreserved fund balance of the Capital Projects fund is budgeted to stay above $1,000,000 to
ensure a stable cash flow and ensure availability for unexpected projects. The year end fund balances for
the 5-year Capital Projects Fund are summarized in Table 2:
TABLE 2: CAPITAL PROJECTS FUND YEAR-END UNRESERVED FUND BALANCE
Year Year End Fund Balance
2023 $ 4,635,905
2024 $ 3,178,231
2025 $ 2,976,609
2026 $ 2,161,505
2027 $ 1,800,987
2023 Projects Summary:
The project budgets recommended in the 2023 5-Year Capital Improvement Plan are based on information and pricing available in 2022. 2022 was a difficult year to project costs due to dramatic cost increases caused by COVID supply chain disruptions and a exceptionally busy construction season. Street
Improvements costs increased approximately 20% from 2021 due to increased material costs, difficult labor market and overall lack of contractor availability. Other construction project budgets were increased 10% to accommodate the current inflationary environment.
The project lists are broken out based on non-discretionary and discretionary projects. Non-discretionary
projects are required to maintain existing facilities, Council approved intergovernmental agreements, and
Page 4 of 7
projects that have started construction. Discretionary projects are for new facilities and improvements that expand existing facilities or programs.
TABLE 3: RECOMMENDED 2023 CAPITAL PROJECTS – NON DISCRETIONARY
Project 2023 Budget
Facilities
Door Replacement (Town Hall Front Doors, Recreation Center,
Pavilion Basement)
$ 105,000
Fleet Roof $ 440,000
ARTF Overhead Doors $ 105,000
ARTF HVAC BAS $ 165,000
ARTF Bus Wash Exit $ 125,000
ARTF HVAC Separation $ 150,000
Heat Recovery Controls Replacement $ 251,000
Land and Land Improvements
Wildfire Mitigation (Yearly) $ 40,000
H.A. Nottingham Park Irrigation Replacement Design $ 75,000
Saddleridge Park Refresh $ 25,000
Streets and Roads
WB B/C Blvd – US6 to Avon Elementary School $ 830,000 (revised to
$1,349,513)
Fawcett Road Asphalt Overlay (A.O. Account) $440,000
Annual Guardrail Repair (Yearly) $ 40,000
Asphalt Seal Coat Program $ 200,000
Upper Buck Creek Road Asphalt Overlay $ 1,292,748
Swift Gulch Road Filing 2 Design
Buffalo Ridge Asphalt Overlay (A.O. Account)
$ 60,000
Lake Street/Riverfront Asphalt Overlay Design $ 63,000
Avon Road Pedestrian Crosswalk Repair $ 50,000
WBCB Eagle River Bridge Deck Repair and Railing Upgrade $ 225,000
US6 Safety and Mobility Improvements
Town’s Match $300,000
$ 4,200,000
H.A. Nottingham Park Recreation Trail
Lower Athletic Field
$ 794,000
Hurd Lane Recreation Trail Reconstruction $ 205,000
Eagle Valley Trail West Reconstruction $ 325,000
Retaining Wall Repairs (Nottingham Rd and Swift Gulch Rd) $ 50,000
Utility Projects
Nottingham Puder Ditch Repair $ 756,250
330 Nottingham Road Drainage Improvements Design $ 75,000
400 WBCB Drainage Improvements Design $ 75,000
TOTAL $ 11,161,998
Page 5 of 7
TABLE 4: RECOMMENDED 2023 CAPITAL PROJECTS – DISCRETIONARY
Project Proposed 2023 Budget
Facilities
East Park Improvements $ 2,000,000
Public Works Facilities Planning $ 500,000
Office Furniture $ 50,000
Metcalf Cabin Feasibility $ 20,000
Land and Land Improvements
North Restrooms (Carried forward from 2022) $ 500,000
Park Water Fountain Replacements $ 75,000
Streets and Roads
Avon Road Safety Improvements (yearly) $ 150,000
Utility Projects
GIS Yearly Program $ 125,000
Planning and Consulting
La Zona – Main Street Mall Extension $ 175,000
Communications and Technology
Broadband $ 60,000
Microsoft Team Implementation $ 19,338
Nottingham Park Wi-Fi $ 150,000
TOTAL $ 3,824,338
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Projects 2024 to 2027:
The following projects to be included in the 5-year CIP for the years 2024 to 2027 based on the project criteria discussed above.
TABLE 5: RECOMMENDED 2024 – 2027 CAPITAL PROJECTS – NON-DISCRETIONARY
Project 2024 2025 2026 2027
Facilities
Public Safety Facility –
Heating, Ventilation and Air
Condition Building
Automation System
$ 75,000
Public Safety Facility –
Security System
$ 155,000
Recreation Center Aquatics
Area Remodel
$ 650,000
Public Works Annex,
Wildwood, Roof
$ 40,000
Land and Land
Improvements
Saddleridge Park Refresh $ 75,000
Eaglebend Park Update $ 100,000
Road and Streets
Guardrail Repair (Yearly) $ 40,000 $ 40,000 $ 40,000 $ 40,000
Riverfront/Lake Street $ 81,000 $ 809,000
Post Blvd Asphalt Overlay $ 250,000 $ 2,500,000
Swift Gulch Road, Buffalo
Ridge
$ 613,474
Swift Gulch Road, East
Segment
$40,000 $ 400,000
Avon Road Asphalt Overlay $ 140,000 $ 1,418,955
Old Trail Road Asphalt
Overlay
$ 626,701
Wildridge Road Asphalt
Overlay
$ 435,325
W. Beaver Creek Blvd –
Elementary School to Lake
Street Asphalt Overlay
$ 650,000
Recreation Trail
Reconstruction. WBCB to
Dam
$ 60,000 $ 605,138
Nottingham Park
Recreation Trail - North
$ 30,000 $ 310,565
TOTAL $ 2,105,175 $ 520,000 $4,995,658 $2,604,325
Page 7 of 7
TABLE 6: RECOMMENDED 2024 – 2027 CAPITAL PROJECTS – DISCRETIONARY
Project 2024 2025 2026 2027
Facilities
351 West Benchmark Road
Building Demolition
$ 937,500
Streets and Roads
Post Blvd Street Light
Conversion to 25-FT Poles
$ 200,000
Avon Road Safety
Improvements
$150,000 $ 150,000
W. Main Street Mall $1,000,000 $ 500,000
Utility Projects
Flood Mitigation – 330
Nottingham Road
$ 500,000
Flood Mitigation – 400 W.
Beaver Creek Blvd
$ 500,000
Planning and Consulting
Facility Reserve Study $ 50,000
TOTAL $ 2,200,000 $ 150,000 $ 1,637,500 $ 0
Thank you, Justin
ATTACHMENT A: Future Capital Projects, February 23, 2023, Memo by Eric Heil
ATTACHMENT B: Project Descriptions
ATTACHMENT C: 2023 5-Year Capital Improvements Project Budget
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Future Capital Projects DATE: February 23, 2023
SUMMARY: This report provides a very general overview of potential capital improvement projects for the Town of Avon over the next ten years which are not in the 5 year Capital Improvements Plan budget. Most of these potential projects are in either an early conceptual stage, are anticipated for planning, or have not developed to the point of having designs and costs estimates. The list is presented below is for the
purpose of helping Council to appreciate the role of long-range planning and strategizing for the
Avon community over a 10-20 year timeframe.
Staff is actively researching and applying for grant funds and congressional earmarks. Council adopted a goal in 2023 to establish a Downtown Development Authority that can offer tax increment financing resources to assist with funding these Capital Improvements. Town has the option to issue municipal bonds without raising taxes with Certificates of Participation. Town does have some equity with our right to acquire ownership of Buffalo Ridge I, Eagle Bend and Kayak Crossing.
AGAIN, the cost estimates below are very rough and preliminary and presented only to illustrate to
Council the potential financial magnitude of additional large scale capital improvement projects
over the next 10-20 year timeframe.
PROJECT LOW ESTIMATE HIGH ESTIMATE
Public Works Facility $8M $20M
Harry A. Nottingham Park Restrooms $1M $4M Replace Irrigation System (primarily Harry A. Nottingham Park) $2M $4M Drainage Projects $3M $6M
TOA Employee Housing (30-45 apartments) (cash up front) $10M $15M Recreation Center Expansion $10M $40M 351 Benchmark (Old Avon Fire Station) $1M $25M Main Street Pedestrian Mall Extension $2M $4M
Recreation Center Public Parking Structure $15M $20M Lot B Public Parking Structure $10M $20M Village (at Avon) Parks (Planning Area B, P-1, P-3) and Lake(s) $5M $20M TOTAL $67M $178M
Community Housing ($100k - $200k subsidy per unit – 500 units) $50M $100M TOTAL with COMMUNITY HOUSING $117M $278M
NOTES ON PROJECTS:
Public Works Facility is in the conceptual design phase.
Harry A. Nottingham Park Restrooms are being re-evaluated for size and to explore prefabricated structure options. The 2023 CIP Budget included line items for these restrooms, which is not adequate
ATTACHMENT A
Page 2 of 2
based on recent bids received. The amounts shown for this item are estimates of additional funds that may be needed depending upon design and direction by Council.
Replace Irrigation System is not designed. Town has submitted a grant application to Colorado Water Conservation Board for funding to assist with design.
Drainage Projects are not yet fully designed and determined. Town is pursuing grant funding for these improvements; however, federal funding may be difficult because the number of residences impacted is low with regard to federal funding eligibility guidelines.
TOA Employee Housing is under re-evaluation for location. The actual cost is estimated at $20-$30M but
the cost to the Town is presented as the Town’s upfront cash contribution with the balance to be financed with bonds and paid through rent revenues. At this time, Staff is contemplating using general fund balance reserves as the source of the upfront cast contribution.
Recreation Center Expansion is currently in the community survey stage of the La Zona project and ranges from expanding areas for current programs to a substantial expansion to add a multi-use competition pool.
351 Benchmark Road (Old Avon Fire Station) is currently in the community survey stage of the La Zona project. Cost estimates range from a skate park to a community/special events center that can host weddings, indoor music performance, and other community events.
Main Street Pedestrian Mall extension is currently in the community survey stage of the La Zona project.
Recreation Center Public Parking is part of existing Town plans. Staff recently received a conceptual layout which demonstrates that a three level parking garage can fit on the site with slightly over 300 parking spaces.
Lot B Public Parking Structure is very conceptual at this point. Staff is exploring potential projects and criteria for public-private partnerships.
Village (at Avon) Parks and Lake(s) includes cost estimates for Town to develop the various parks in the Village (at Avon), including Planning Area B (4 acres and like to contain a lake); P-1 4 acre linear recreation path; and P-3 13 acre regional park.
Community Housing: Very rough numbers are presented to illustrate an order of magnitude for financial
awareness. The Town of Avon’s Community Housing needs are more than 500 additional Community Housing units over the next 10 years. This line item does not include іMi Casa Avon! and does not include the TOA Employee Apartments.
REQUESTED COUNCIL DIRECTION: No specific direction is requested at this time. Rather, this list is presented to initiate a discussion of long-range planning this year, including financial planning and prioritizing.
NEXT STEPS: Each project has its own planning schedule. More information will be provided to Council as planning and design work is completed or community consensus is identified. Council has a retreat scheduled for Tuesday, June 20, 2023 which is intended to focus on long-range strategic planning, and which would include considering large scale capital improvements to serve the community over the next 20-30 years.
Thank you, Eric
ATTACHMENT A
2023 CAPITAL IMPROVEMENT PROJECT DESCRIPTIONS:
Harry. A. Nottingham Park East Improvements: Council has provided direction that additional public restrooms for Nottingham Park are desired to support events of 1,500 to 2,000 persons. The location of the new public restrooms would be on the former Town Hall site. This project also includes landscape improvements and replacement and upgrade of the retaining/seating wall along the recreation path.
FIGURE: Harry A. Nottingham Park East Restrooms Site Location
Powerline Undergrounding: The power lines on the south side of Nottingham Park from Lake Street to the Water Treatment Plant are planned to be buried as part of the East Park Improvements Project. This portion
of the project will be funded from Holy Cross Energy Community Enhancement Funds.
ATTACHMENT B
Harry A. Nottingham Park North Restrooms: Public restrooms are proposed near the north parking lot,
also known as Lot 16. The restroom location is recommended because of the proximity of water and sewer
mains. Locations closer to the beach will significantly increase the cost since the utilities will have to be extended from the parking lot.
PHOTO: Rendering of Harry A. Nottingham Park North Restrooms
PHOTO: General Location of Harry A. Nottingham Park North Restrooms
ATTACHMENT B
Recreation Center and Heat Recovery Controls Upgrades: The existing 14-year-old Building Automation System (BAS) is only accessible locally, through a dated workstation that is no longer supported and resides in the pool manager’s office within the Recreation Center. The BAS is a computer networking system that monitors and controls the various electric and mechanical systems throughout a building. It is essential to keep the BAS up to date in good working order to ensure the building’s mechanical systems are operating properly and efficiently. The existing BAS serves a network of old and failing sensors and equipment and lacks the ability to communicate with the Town’s Heat Recovery System that was intended to reduce the energy footprint of the Rec Center, among other Town facilities. Notable deficiencies include limited to no remote access for building maintenance personnel, inability to operate equipment on a schedule, inability to control fan speed and maintain pressure setpoints in the natatorium, and the lack of integration with the town’s Heat Recovery System. The Heat Recovery (HR) System was originally established utilizing an industrial control platform more appropriately applied to settings such as water and wastewater treatment facilities. Due to complexity of the industrial control platform, specialty vendor involvement is required for maintenance and upkeep. Though the system is ultimately an HVAC system with complexity not exceeding that of conventional HVAC equipment, the HR System industrial control system cannot be maintained by conventional HVAC control vendors or facilities maintenance team. The base scope of this project is to upgrade and replace the existing Recreation Center BAS. The BAS is beyond useful service life and no longer meets operational requirements. A Heat Recovery Controls Bid Alternate was included to eliminate the existing industrial control system and integrate with the Recreation Center BAS system and controls. Additional benefits include streamlining operations and improvements to comfort levels and energy efficiency. Goals of this Recreation Center Controls Upgrades Project:
• Gain Control and Remote Monitoring Capabilities for Rec Center HVAC and Heat Recovery Equipment via Cloud-Based System
• Improve Occupant Comfort Throughout Rec Center, Especially in Natatorium
• Integrate Rec Center Controls with Heat Recovery System
• Improve Monitoring and Troubleshooting of HVAC Systems for Facilities Team
• Reduce Energy Footprint of Rec Center and Establish Path to Electrification The Recreation Center Controls Upgrade budget is $250,000 and the Heat Recovery Controls Upgrades budget is $251,000. The Heat Recovery Chiller is also being replaced as part of the project and is being funded thru the Equipment Replacement Fund.
ATTACHMENT B
Wildland Fire Mitigation: This is a yearly program to reduce vegetation that provides fuel for Wildfires. The mitigation activities will occur on the north hillside including Wildridge, Mountain Star and the West Avon Preserve. The Eagle River Fire Protection District has obtained a $240,000 grant and the 2023 funds will be used as grant matching funds.
MAP: Wildfire Mitigation Activities
ATTACHMENT B
Harry A. Nottingham Park Irrigation System Conservation Project: The project includes the design and eventually construction of a new irrigation system to support water conservation, efficiency, and drought
planning efforts in maintaining Harry A. Nottingham Park (the Park) and surrounding streetscape landscaping needs. The existing irrigation system was installed 40 years ago and has outlived its useful life. Leakage from the irrigation system is responsible for the loss of up to 4.3 million gallons of water each
season (mid-May through October). Replacing the irrigation system will advance the Colorado Water Plan goal to achieve 400,000 acre-feet of municipal and industrial water conservation by 2050.
Nottingham Park is the largest public green space in the Town of Avon at 18 acres, with an additional three (3) acres of surrounding streetscape. The Town hired Irrigation Technologies in 2022 to analyze how to address leaking in
the existing system. The resulting Town of Avon, Colorado Park and Town Center Irrigation System Assessment documents leaking in a multitude of places, inefficient watering practices due to outdated sprinklers in poor locations, constant pressure loss at the pump station, and
the potential loss of 20 gallons of water per minute or up to 4,320,000 gallons from June to September each year. The irrigation system is also unsafe for Staff and the public due to poor wiring and inefficient for Town staff to manage since it requires manual adjustment as the weather changes. The
manual process can take up to two days to complete, rather than instantly through a remote system connected to a central computer.
The new irrigation system will be designed using current best management practices. The pipe will be high
density polyethylene (HDPE) which is fused together without joints to minimize leaks and has a 50–100-year life span. Town staff estimates the replacement project will cost up to a $1.2M. Staff estimates that watering Nottingham Park and the surrounding streetscape efficiently would only require 14 million gallons each
season. The system is currently using 19 million gallons a year. Recovering current losses and further increasing efficiency could save up to 5 million gallons, or 15.3 acre-feet, per season. If replaced by 2025, by
2050 the Town of Avon would save 382.50 acre-feet of water. Staff will be able to remotely monitor and adjust water flows during droughts or water emergencies, freeing up staff resources to maintain Nottingham Park. The Town of Avon is committed to resiliency and conserving water. The Project budget is $50,000 in 2022
and $75,000 in 2023. The Town has applied for a $60,000 grant from the Colorado Water Conservation Board to assist with design expenses. A construction budget has not been developed but it is expected to be over
$1,000,000.
Loss in Gallons per Minute
15 20
Hour 900 1,200
Day 21,600 28,800
Week 151,200 201,600
Month 648,000 864,000
June to October 3,240,000 4,320,000
ATTACHMENT B
MAP: Town of Avon Non-Potable Irrigation System
ATTACHMENT B
Flood Mitigation Improvements: We are working on the following mitigation strategies to reduce the impact of future large rainfall events:
• The large amount of mud and debris generated from rainfall clogs stormwater pipes during major events. Alden Research Laboratory, LLC is assessing the existing drainage pipe infrastructure and developing surface routes when feasible, rather than pipes, to reduce risk of clogging and subsequent property damage.
• The project team developed regional flood mitigation measures along Nottingham Road, Swift Gulch Road and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. These projects will take several years to design and implement. Additional drainage easements on private property will likely be required depending on final project designs.
• The Town is applying for grants to assist with the design and construction of the improvements. The projects were not selected for funding during the first grant cycle. Grant applications were submitted to FEMA for the Building Resilient Infrastructure and Communities (BRIC) grant and we expect to find out if the projects are selected in last summer. Staff is working with the State of Colorado Office of Emergency Management to find other fund opportunities. Future projects include improved drainage facilities and flood mitigation measures located near 540 Nottingham Road, 330 Nottingham Road adjacent to SonnenHalde condominiums, and 400 West Beaver Creek Blvd adjacent to Beaver Bench/Beaver Creek West condominiums. The 5-year Capital Program includes $500,000 for each project in 2024 to implement drainage improvements. This is a place holder and will be further refined during the development of the projects and the grant application process.
MAP: Flood Mitigation Project Locations
ATTACHMENT B
Page 8 of 18
Public Works Facilities Master Planning: Public Works Operations, Engineering and Facilities divisions need to be relocated to make room for future transit expansion. The additional facilities will be located at the Public Works Facility at 500 Swift Gulch Road or recycling center and storage yard at 375 Yoder Ave. This project will and create a vision for the Public Works Department by developing space and staffing needs based on Town build-out. The Public Works Master Planning budget is $100,000 in 2022 and $500,000 in 2023.
Fleet Roof Replacement: The Fleet Roof is 26-years old and at the end of its useful life. The project will replace the membrane roof with new membrane extending the life another 25-years. The installation of solar photovoltaic panels will be included in the project since the building is south facing and has excellent solar exposure. The project budget is $440,000 for the membrane and the solar panels.
PHOTO: Fleet Maintenance Building
PHOTO: Proposed solar panels on Fleet Roof
ATTACHMENT B
Page 9 of 18
Avon Regional Transit Facility Maintenance Program: The Avon Regional Transit Facility is 10-years
old and requires maintenance to ensure the building continues to operate efficiently. Proposed projects include replacement of the overhead doors, upgrade of the heating, ventilation and air condition building
automation system and drainage improvements at the bus wash exit. The total budget for the three
projects is $395,600.
PHOTO: Asphalt Surface Deterioration at Bus Wash Exit
ATTACHMENT B
Page 10 of 18
Eaglebend Park Improvements: The Eaglebend Park is over 20-years old and are due to be renovated. The project budget is $100,000 in 2024 for construction. The Recreation Department is applying for a $325,000 Great Outdoors Colorado grant to assist with funding the Eaglebend Park Improvements. The McGrady’s Acres developer made a $150,000 cash-in-lieu contribution to the Town as part of the development approval to assist with funding the Eaglebend Park Improvements.
MAP: Eaglebend Park
ATTACHMENT B
Page 11 of 18
Saddleridge Pocket Park Improvements: The Saddleridge Park is located in Wildridge next to the former
fire station and was constructed in the late 1980’s. The park includes a playground, tennis court and limited parking. The park playground equipment is original and is due for replacement. The project includes
$25,000 for design in 2023 and $100,000 for construction in 2024.
MAP: Saddleridge Pocket Park
Harry A. Nottingham Park Water Fountain Replacement: There are 3 water fountains that are past their useful life and will be upgraded with bottle fillers. The water fountains also require a concrete pad to bring them into compliance with American with Disability Act requirements. The project will replace the fountains and incorporate concrete pads that meet American with Disability Act requirements. The project budget is $75,000.
Avon Road Safety Improvements: Council approved $150,000 per year in the 5-year Capital Improvements Program to analyze the existing road and roundabout configurations and recommend safety improvements. The report specified safety projects including pedestrian flashing beacons, lane adjustments and striping improvements that will be incorporated in the Capital Projects Program. This is a continuation of the program started in 2022.
Annual Guard Rail Repair: Council approved $40,000 per year for the repair and maintenance of guardrail throughout Town.
ATTACHMENT B
Page 12 of 18
Street Improvements: The Engineering Department accesses the condition of the Town’s Street network each year and recommends improvements for the 5-year Capital Project Plan. We recommend the
following streets be included in the 2023 Street Improvements Program:
• Fawcett Road Budget: $440,000
• W. Beaver Creek Blvd, US6 to Avon Elementary School Budget: $ 830,000 (revised to $1,349,513)
• Upper Buck Creek Road Budget: $1,292,748
Fawcett Road is located in the Village (at Avon) and eligible to be paid from the remaining $455,210 in the Village (at Avon) Asphalt Overlay Account.
MAP: 2023 Street Improvement Program
ATTACHMENT B
Page 13 of 18
Asphalt Seal Coat Program: Asphalt sealing involves placing a thin layer of asphaltic material with fine
grain sands onto existing asphalt. The sealing will protect the underlying asphalt from ultraviolet radiation and will significantly extend the life of the asphalt pavement. The asphalt sealcoat costs 10% of an asphalt
overlay and each sealcoat placement will extend the life by approximately 3 to 5-years. The recommended
2023 program includes:
• Nottingham Ranch Road
• Hurd Lane and Eaglebend Drive
• Lake Street
• Beaver Creek Place
• Buck Creek Road, Lower Segment
• West Beaver Creek Blvd from Avon Elementary School to Lake Street
• Town parking lots including Recreation Center, Town Hall, Public Safety Facility and Swift Gulch
MAP: Asphalt Seal Coat Program for Roads
ATTACHMENT B
Page 14 of 18
MAP: Asphalt Sealcoat Program for Town Parking Lots
West Beaver Creek Blvd Eagle River Bridge Project: The West Beaver Creek Blvd Bridge over the Eagle River is due for maintenance and resurfacing. The project includes resurfacing the bridge deck, repairing concrete and upgrading the railings. The bridge deck and concrete repairs are eligible for CDOT off-system grant funds and we will applying for the grant in 2023. The bridge deck railing upgrades are not eligible for grant funding and will be designed and procured separately. The project budget is $250,000.
PHOTO: West Beaver Creek Blvd Bridge over the Eagle River
ATTACHMENT B
Page 15 of 18
US 6 Safety and Mobility Improvement Project. This project will improve pedestrian safety along US 6 and includes the construction of a roundabout at the US6 and Stonebridge Drive intersection, 3 pedestrian crossing and associated drainage and pedestrian improvements. The Town received a $3,000,000 in grant funding from the Colorado Department of Transportation for construction. Eagle County has agreed to contribute $200,000 to the project. The current project cost estimate is $4,700,000 and there is a $1,200,000 project funding gap that we are looking to close.
FIGURE: Stonebridge Drive and US6 Roundabout Location
ATTACHMENT B
Page 16 of 18
Harry A. Nottingham Park Path Replacement. This project will reconstruct the 30-year-old path in the west side of Harry A. Nottingham Park from the dam to the pickleball courts. Included with this upgrade is a new path between the railroad tracks and Avon Water Treatment Plant to West Beaver Creek Blvd. The project budget is $72,000 in 2022 for design and $794,000 in 2023 for construction. Construction is schedule for fall 2023.
MAP: Recreation Trail Replacement and Trail Connector
PHOTO: Recreation Path in Harry A. Nottingham Park Due for Full Replacement.
ATTACHMENT B
Page 17 of 18
Nottingham Puder Ditch Repair. The Nottingham Puder Ditch diverts water from the Eagle River near the Eagle-Vail I-70 interchange and terminates at Buck Creek near the Public Safety Facility. The ditch provides
irrigation water to Post Blvd, East Beaver Creek Blvd, the Public Safety Facility, as well as Nottingham Lake if needed. It will eventually provide water to park facilities in the Village (at Avon) development. The ditch is partially piped through developed portions of the Village (at Avon). The non-piped section from the head gate
to the Village (at Avon) leaks approximately 2 cubic feet per second when operating, or 357 acre-feet per year, approximately the size of Benchmark Lake in Harry A. Nottingham Park. The project will includes
clearing the ditch of excess vegetation, grading it to a constant slope and shape and installation of a HDPE trapezoidal liner system to stop water infiltrating into the soil. The project budget includes $62,500 for design in 2022 and $756,250 for construction in 2023.
MAP: Nottingham Puder Ditch. - Segment Due for Repairs is in Red
PHOTO: Intelliditch lining system
ATTACHMENT B
Page 18 of 18
La Zona, formally the Main Street Mall Extension: The La Zona project, formally called Main Street Mall extension, involves planning for redevelopment of the former fire station site, recreation center and completion of the Main Street Mall. The budget includes $175,000 for planning and design in 2023.
ATTACHMENT B
CAPITAL PROJECTS FUND 5-YEAR PLAN
SUMMARY
Final
Original Revised Proposed
Audited Budget Budget Budget
2021 2022 2022 2023 2024 2025 2026 2027
REVENUES
Real Estate Transfer Tax:
Base Level 7,348,714$ 3,300,000$ 6,000,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$
Penalties and Interest 5,472 - - - - - - -
Interest Earnings (12,481) 25,000 100,000 300,000 75,000 50,000 50,000 50,000
Intergovernmental:
Federal/State/County:
DOLA - Broadband Grant 17,153 - - - - - - -
GOCO Grant (Lee's Way Rebuild)- 25,000 25,000 - - - - -
2021 Charge Ahead Grant Fast EV Charging Station)44,000 - - - - - - -
2022 Charge Ahead Grant Fast EV Charging Station)- 45,000 45,000 - - - - -
Eagle County Contribution (Hwy 6 Roundabout)- - 100,000 100,000 - - - -
CDOT Revitalize Main Street Grant (Hwy 6 Roundabout)- - - 1,000,000 - - - -
CDOT Multimodal Options Fund Grant (Hwy 6 Roundabout)- - - 2,200,000 - - - -
Other Revenues:
Project Cost Reimbursement 27,500 - - - - - - -
Contributed Infrastructure & Improvements (McGrady Acres Park - - 250,000 - - - - -
Nonclassified 7,050 - - - - - - -
Total Operating Revenues 7,437,408 3,395,000 6,520,000 8,100,000 4,575,000 4,550,000 4,550,000 4,550,000
Other Sources:
Transfers In - General Fund
- Purchase of Employee Housing - - 535,000 - - - - -
Transfers In - Avon URA
- Tract G Projects 750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000
Transfers In - Community Enhancement Fund
- West Avon Preserve Trail Improvements 28,500 - - - - - - -
- Powerline Undergrounding - 120,000 - 120,000 - - - -
Transfers In - Water Fund
- Nottingham-Puder Ditch Piping - 62,500 62,500 756,250 - - - -
Transfers In - Equipment Replacement Fund
- Water Slide - - 11,576 - - - - -
- Pool Replastering 150,000 - - - - - - -
Total Other Sources 928,500 1,182,500 1,609,076 1,876,250 1,000,000 1,000,000 1,000,000 1,000,000
Total Revenues and Sources of Funds 8,365,908$ 4,577,500$ 8,129,076$ 9,976,250$ 5,575,000$ 5,550,000$ 5,550,000$ 5,550,000$
Projected
ATTACHMENT C
CAPITAL PROJECTS FUND 5-YEAR PLAN
SUMMARY
Final
Original Revised Proposed
Audited Budget Budget Budget
2021 2022 2022 2023 2024 2025 2026 2027
Projected
EXPENDITURES
Capital Improvements:
Facilities 1,856,104 1,585,000 3,602,760 3,911,000 650,000 - - 270,000
Land and Land Improvements 598,700 1,777,000 2,274,875 215,000 215,000 40,000 40,000 40,000
Roads and Streets 1,818,387 1,890,000 1,869,589 8,924,748 2,680,175 2,920,000 3,195,658 2,769,650
Utility Projects 68,162 187,500 606,042 1,031,250 1,000,000 - - -
Planning and Consulting - 100,000 100,000 175,000 50,000 - - -
Communications and Technology 200,886 145,939 359,993 229,338 - - - -
Debt Service:
Capital Leases:
- 2014 US Bank, Plow Truck 26,279 26,279 - - - - - -
- 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 - - -
Total Expenditures 4,624,238 5,767,438 8,868,979 14,542,056 4,650,895 2,960,000 3,235,658 3,079,650
Other Uses:
Transfers Out - General Fund:
- Engineering Department Salary and Benefits 341,648 494,593 494,593 600,473 618,487 637,042 656,153 675,838
Transfers Out - Community Housing Fund:
- Mi Casa Program - 597,699 597,669 734,871 - - - -
Transfers Out - Debt Service Fund:
- 2010 COPs (ARTF)700 - - - - - - -
- 2014B COPS (Street Improvements)321,543 319,119 319,119 321,544 318,666 320,637 317,304 318,820
- 2016 COPS (Public Safety Bldg.)450,925 448,375 448,375 447,475 443,475 449,325 448,225 446,425
- 2020 Refunding COPs 195,317 192,214 192,214 194,123 195,983 190,793 192,640 193,437
Transfers Out - Mobility Fund:
- Diesel Buses (2) 200,000 - - 200,000 - - - -
- Electric Buses (2) - - 400,000 - - - - -
Transfers Out - Fleet Maintenance Fund:
- 2020 COPs (Fleet Maintenance Bldg.)193,460 195,357 195,357 197,204 193,002 193,825 195,612 196,348
- 80/20 Match on Grant for Lifts - - - 201,562 - - - -
Transfers Out - Equipment Replacement Fund:
- Street Sweeper and Loader 425,000 - - - - - - -
- Police Dept. Take-home Vehciles and Equipment - - - 470,004 - - - -
- Snow Plow - - - - 301,181 - 319,512 -
Total Other Uses 2,128,593 2,247,357 2,647,327 3,367,256 2,070,794 1,791,622 2,129,446 1,830,868
ATTACHMENT C
CAPITAL PROJECTS FUND 5-YEAR PLAN
SUMMARY
Final
Original Revised Proposed
Audited Budget Budget Budget
2021 2022 2022 2023 2024 2025 2026 2027
Projected
Total Expenditures and Uses of Funds 6,752,831 8,014,795 11,516,306 17,909,312 6,721,689 4,751,622 5,365,104 4,910,518
Net Source (Use) of Funds 1,613,077 (3,437,295) (3,387,230) (7,933,062) (1,146,689) 798,378 184,896 639,482
Fund Balance, Beginning of Year 12,101,243 9,758,398 13,714,320 10,327,090 2,394,028 1,247,339 2,045,717 2,230,613
Fund Balance, End of Year 13,714,320$ 6,321,103$ 10,327,090$ 2,394,028$ 1,247,339$ 2,045,717$ 2,230,613$ 2,870,095$
Fund Balances
Restricted For:
Asphalt Overlay 657,821$ 282,821$ 629,015$ 189,015$ -$ -$ -$ -$
Assigned For:
Tract G/URA Projects 1,155,610 800,610 844,108 (2,430,892) (1,930,892) (930,892) 69,108 1,069,108
Unassigned:.
Unreserved 11,900,889 5,237,672 8,853,967 4,635,905 3,178,231 2,976,609 2,161,505 1,800,987
Total Fund Balances 13,714,320$ 6,321,103$ 10,327,090$ 2,394,028$ 1,247,339$ 2,045,717$ 2,230,613$ 2,870,095$
ATTACHMENT C
CAPITAL PROJECTS FUND 5-YEAR PLAN
INVENTORY DETAIL
Final
Total Original Revised Proposed
Project Audited Budget Budget Budget
Capital Improvement Projects Budget 2021 2022 2022 2023 2024 2025 2026 2027
Facilities:
General Government Facilities:
Utility Upgrade 470,845$ 293,731$ -$ 32,945$ -$ -$ -$ -$ -$
Level 2 EV Charging Station - NTH 5,000 38 - - - - - - -
New Town Hall 2nd and 3rd Floor Updates 130,000 33,423 - 93,242 - - - - -
Asbestos Mitigation / Demolition 643,359 442,050 - - - - - - -
H.A. Nottingham Park East Improvements 2,850,000 58,556 765,000 791,444 2,000,000 - - - -
Office Furniture 153,184 27,184 - 76,000 50,000 - - - -
Building Access Control 70,000 - 70,000 70,000 - - - - -
New Town Hall Front Entry ADA Access 25,000 - - 25,000 - - - - -
Employee Housing Unit 535,000 - - 535,000 - - - - -
Building Door Replacements 105,000 - - - 105,000 - - - -
Public Safety Facilities:
PSF Parking Lot Canopy Design 20,000 14,153 - 5,847 - - - - -
Wildridge Emergency Warning Siren 356,436 28,436 25,000 328,000 - - - - -
PSF HVAC BAS 75,000 - - - - - - - 75,000
PSF Security Systems 155,000 - - - - - - - 155,000
Public Works Facilities
Public Works Facilities Expansion Planning 600,000 - 100,000 100,000 500,000 - - - -
Public Works Annex Roof (Wildridge)40,000 - - - - - - - 40,000
Fleet and Transportation Facilities:
Fleet Maintenance EPDM Roof Replacement 460,000 10,500 - 9,500 440,000 - - - -
Bus Shelters 462,500 - 240,000 462,500 - - - - -
Fleet Maintenance - HVAC / AC 25,000 - 25,000 25,000 - - - - -
ARTF - Roof Improvements / Snow 50,000 - 50,000 50,000 - - - - -
ARTF - Roof Repair 90,000 - - 90,000 - - - - -
ARFT - Overhead Door Replacement 105,000 - - - 105,000 - - - -
ARTF - BAS / HVAC PM 165,600 - - - 165,000 - - - -
ARTF - HVAC Separation 170,000 - - 20,000 150,000 - - - -
ARTF - Bus Wash Exit 125,000 - - - 125,000 - - - -
Projected
ATTACHMENT C
CAPITAL PROJECTS FUND 5-YEAR PLAN
INVENTORY DETAIL
Final
Total Original Revised Proposed
Project Audited Budget Budget Budget
Capital Improvement Projects Budget 2021 2022 2022 2023 2024 2025 2026 2027
Projected
Cultural and Recreational Facilities:
Pavilion - Deck Railing and Floor Replacement 425,600 301,719 - 28,447 - - - - -
Recreation Center Locker Replacement 330,439 303,412 - 27,027 - - - - -
Recreation Center HVAC Upgrade 250,000 7,500 - 242,500 - - - - -
Recreation Center ADA Parking 20,865 865 10,000 20,000 - - - - -
Metcalf Family Cabin Feasibility Analysis 20,000 - - - 20,000 - - - -
Recreation Center Yoga Studio Bathroom Conversion 30,000 28,690 - - - - - - -
Recreation Center Jacuzzi Leak Repair 60,000 27,406 - - - - - - -
Recreation Center Pool Replastering 205,000 202,980 - 2,020 - - - - -
Recreation Center Aquatics Remodel Plan and Design 700,000 - 50,000 50,000 - 650,000 - - -
Pavilion Ramp 100,000 - 100,000 100,000 - - - - -
Water Slide Repair and Diving Board 45,788 - - 45,788 - - - - -
Steam Room / Sauna Remodel 75,000 - - 75,000 - - - - -
Other Facilities:
DC Fast EV Charging Station - Tract A 75,000 317 - - - - - - -
Level 2 and DC Fast EV Charging Stations - Tract A 81,000 75,144 - - - - - - -
EV Charging Stations (6)257,500 - 110,000 257,500 - - - - -
2120 Saddle Ridge Loop Window Replacement 40,000 - 40,000 40,000 - - - - -
Heat Recovery Controls Replacement 251,000 - - - 251,000 - - - -
Land and Land Improvements:
O'Neil Spur Park Improvements Design 20,000 - - 18,012 - - - - -
Nottingham Park West Courts Reconstruction 1,432,523 24,853 1,057,000 1,407,670 - - - - -
Wildland Fire Mitigation 40,000 - 40,000 40,000 40,000 40,000 40,000 40,000 40,000
Power Line Undergrounding 120,000 333 120,000 120,000 - - - - -
West Nottingham Park Improvements/Soccer Field 318,000 305,064 - - - - - - -
O'Neil Spur Park Parking Lot Rebuild 100,000 - - 100,000 - - - - -
North Restrooms - Nottingham Lake Beach 540,000 19,942 490,000 520,058 - - - - -
Nottingham Park Light Upgrade- Phase 2 281,200 247,643 - - - - - - -
Beach Expansion Planning 20,000 865 20,000 19,135 - - - - -
Nottingham Park - Irrigation Replacement Design 125,000 - 50,000 50,000 75,000 - - - -
Saddleridge Park Refresh 100,000 - - - 25,000 75,000 - - -
Park Water Fountain Replacement 75,000 - - - 75,000 - - - -
Eaglebend Park Refresh 100,000 - - - - 100,000 - - -
ATTACHMENT C
CAPITAL PROJECTS FUND 5-YEAR PLAN
INVENTORY DETAIL
Final
Total Original Revised Proposed
Project Audited Budget Budget Budget
Capital Improvement Projects Budget 2021 2022 2022 2023 2024 2025 2026 2027
Projected
Roads and Streets:
Streetscape Improvements:
Mall Activation Elements 40,000 1,613 - 23,299 - - - - -
Avon Rd./I70 Aesthetic Improvements 1,150,000 854,960 - 241,907 - - - - -
Metcalf Road - Retaining Wall Stabilization 80,000 - 80,000 80,000 - - - - -
Post Blvd. Streetlight Replacement 200,000 - - - - - - 200,000 -
Annual Street Maintenance
Retaining Wall Repairs - Nottingham & Swift Gulch Rd.200,000 6,179 - 143,821 50,000 - - - -
Avon Road Safety Improvements 750,000 - 150,000 150,000 150,000 150,000 150,000 - -
Mikaela Way and Benchmark Rd. Asphalt Overlay 400,000 312,692 - - - - - - -
Hurd Lane Intersection Improvements 20,000 7,030 - 12,970 - - - - -
WB B/C Blvd - US Hwy 6 to Avon Elem.860,000 - 515,000 30,000 830,000 - - - -
Buck Creek Road Repairs 800,000 568,816 - - - - - - -
Fawcett Road Asphalt Overlay 440,000 - 375,000 - 440,000 - - - -
Avon Elem. School Sidewalk Repair 200,000 - 200,000 - - - - - -
Metcalf Road Culvert Repair 450,000 41,610 - 408,390 - - - - -
Metcalf Road Manhole Repair 14,000 - - 14,000 - - - - -
Millie's Lane Asphalt Overly 46,523 - - 46,523 - - - - -
East Beaver Creek Blvd. Repair Project 28,806 - - 28,806 - - - - -
Annual Guard Rail Repair 40,000 7,035 40,000 40,000 40,000 40,000 40,000 40,000 40,000
Asphalt Seal Coat Roadway & Parking Lots 200,000 - - - 200,000 - - - -
Upper Buck Creek Repairs / Asphalt Overlay 1,292,748 - - - 1,292,748 - - - -
Swift Gulch Road - Buffalo Ridge Asphalt Overlay 673,474 - - - 60,000 613,474 - - -
Old Trail Road Asphalt Overlay 689,701 - - - 63,000 626,701 - - -
Lake Street / Riverfront Asphalt Overlay 890,000 - - - - - - 81,000 809,000
Avon Road Pedestrian Crosswalk Repairs 50,000 - - - 50,000 - - - -
Post Blvd. Asphalt Overlay 2,750,000 - - - - 250,000 2,500,000 - -
Swift Gulch Road - East Asphalt overlay 440,000 - - - - - - 40,000 400,000
Avon Road Asphalt Overlay 1,558,955 - - - - - 140,000 1,418,955 -
Wildridge Road Asphalt Overlay 435,325 - - - - - - - 435,325
WBCB River Bridge Deck Repair Railing Upgrade 250,000 - - 25,000 225,000 - - - 435,325
WBCB - Elementary School to Lake St Asphalt Overlay 650,000 - - - - - - - 650,000
Multi-Modal/Alternative Mobility:
US Hwy 6 Safety and Mobility Improvements Project 4,600,000 - 380,000 400,000 4,200,000 - - - -
West B/C Blvd./ Beach On-street Parking Imp.10,325 10,325 - - - - - - -
June Creek Emergency Access 110,000 7,127 100,000 102,873 - - - - -
W. Main Street Mall Improvements 1,500,000 - - - - 1,000,000 - 500,000 -
ATTACHMENT C
CAPITAL PROJECTS FUND 5-YEAR PLAN
INVENTORY DETAIL
Final
Total Original Revised Proposed
Project Audited Budget Budget Budget
Capital Improvement Projects Budget 2021 2022 2022 2023 2024 2025 2026 2027
Projected
Recreational Trails Program:
Lee's Way Rebuild 50,000 - 50,000 50,000 - - - - -
West Avon Preserve Trail Improvements 57,000 1,000 - - - - - - -
Recreation Trail Path Recon. - Lower Athletic Field 866,000 - - 72,000 794,000 - - - -
Hurd Lane - Recreation Trail Reconstruction 205,000 - - - 205,000 - - - -
Eagle Valley Trail - West Reconstruction 325,000 - - - 325,000 - - - -
Recreation Trail Path Recon. - WBCB to Spillway 665,138 - - - - - 60,000 605,138 -
Nottingham Park Rec Trail - North 340,565 - - - - - 30,000 310,565 -
Utility Projects:
Nottingham Rd. Debris Flow Improvements and Water Qualit 600,810 64,056 - 336,620 - - - - -
Avon Road Water Quality Vault Projects 315,000 4,106 - 56,922 - - - - -
GIS Implementation - Drainage Infrastructure Layers 125,000 - 75,000 100,000 125,000 - - - -
Tract A Drainage Improvements 50,000 - 50,000 50,000 - - - - -
Nottingham-Puder Ditch Piping 818,750 - 62,500 62,500 756,250 - - - -
330 Nottingham Road Drainage Improvements 575,000 - - - 75,000 500,000 - - -
400 WBCB Drainage Improvements 575,000 - - - 75,000 500,000 - - -
Planning and Consulting:
Schematic Design / Final Design - W. Main Street 275,000 - 100,000 100,000 175,000 - - - -
Facility Reserve Study 50,000 - - - - 50,000 - - -
Communications and Technology:
e-Gov.:
Broadband 125,000 44,598 - 20,402 60,000 - - - -
Fiber - CDOT Hand hold to PSF - - - - - - - - -
RR Bridge LED Messaging Boards 75,000 55,930 - - - - - - -
Permanent Variable Message Boards (3)150,000 17,719 - 132,281 - - - - -
Finance/Comm Dev./HR ERP & HRIS Systems 275,290 22,299 - 110,235 - - - - -
Mini-split NTH Data Center 20,000 - - 20,000 - - - - -
Firearms Simulator 32,000 32,000 - - - - - - -
Hybrid Meeting Technical Improvements 30,000 28,340 - - - - - - -
Microsoft Teams Phone System Migration 64,413 - 38,939 45,075 19,338 - - - -
Survellance NVR Server Consolidation and Replacement 32,000 - 32,000 32,000 - - - - -
Nottingham Park Wi-Fi Access 150,000 - 75,000 - 150,000 - - - -
Total Capital Improvement Projects 42,792,662$ 4,542,239$ 5,685,439$ 8,813,259$ 14,486,336$ 4,595,175$ 2,960,000$ 3,235,658$ 3,079,650$
ATTACHMENT C
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, CASE Manager RE: Ticketed Event Opportunity DATE: February 23, 2023
SUMMARY: Mike O’Brien, Peak Performances has presented Staff with two ticketed large-scale concert opportunities, one for a single day and one for two days. Both concerts would be in September of this year. Both concerts feature well know national acts expected to draw between 5,000 to 10,000 persons. Both concerts fit the Avon brand, would be accessible and attractive to the Avon community and further elevate Avon’s name in a very competitive market. Peak Performances is not requesting any cash contribution from the Town of Avon and would bear all financial risks for producing these ticketed concerts.
IT IS VERY IMPORTANT THAT WE CAN NOT DISCUSS THE SPECIFIC ARTISTS UNTIL DATES AND CONTRACTS ARE CONFIRMED AND ANY PUBLIC RELEASE ANNOUNCEMENT IS COORDINATED WITH THE ARTISTS MANAGEMENT AGENCY.
BACKGROUND: The Town has contracted Peak Performances for headline talent acquisition and management, and stage production for AvonLIVE! since launching the AvonLIVE! brand. Additionally, the Town has contracted with Peak Performances for talent acquisition for Salute to the USA and Summers End concert for the past two years. Peak Performances is intimately familiar with the Avon Performance Pavilion and the associated technical aspects, Nottingham Park upper athletic field, and the surrounding venue areas and infrastructure (parking lots, restrooms, power, etc.). Peak Performances has presented the Towns venue when well-known bands touring schedules are being designed by large agencies (such as but not limited to AEG Presents and Live Nation) and when venue capacity over 3,600 is desirable. Other venue locations being considered are Vail, Dillon, and Grand Junction.
The first opportunity is for either Saturday, September 2nd or Sunday, September 3rd, 2023, for a single day ticketed concert attracting 5,000 to 10,000 attendees.
The second opportunity is for a two-day ticketed concert on either Friday, September 8th, Saturday, September 9th and/or Sunday, September 10th attracting 5,000 to 10,000 attendees each day.
In addition to the concert days, both events would require two days prior and two days post event for set up and tear down. This may impact our ability to produce Lakeside Cinema, SunsetLIVE!, and Summer’s End.
PAST TICKETED EVENTS: The last ticked concerts in Avon includes Lyle Lovett and His Large Band which was a single day ticketed concert produced by AEG, held on Sunday, July 23rd, 2017, and Ben Harper on Friday, September 15, 2017, which was produced by the Town of Avon. The Town has not received proposals from third party producers to produce ticked events since that time.
FINANCIAL IMPACTS: Peak Performances has presented these opportunities as “risk free”, meaning the producer would take the financial risk. The producer in these cases would be the agency representing the band(s) such as AEG Presents, Live Nation or other organization. In follow up conversations with Peak Performances, Staff requested clarification and confirmation that the producer arranges for, manages, and covers all costs associated with but not limited to talent acquisition, artist relations, branding, marketing/promotions and communications, crowd control measures, security, medical and emergency response, food and beverage, ticket sales and box office operations, staffing, Wi-Fi needs and stage production.
Page 2 of 2
Additionally, the producer would retain all revenue streams associated with the event to include but not limited to ticket sales, alcohol and non-alcohol beverage sales, vendor booth fees, sponsorship, and merchandise sales. The producer would be required to apply for a Special Event Liquor License Permit via a non-profit organization and the Town would reduce its Optional Premise License accordingly. Staff inquired about the potential for Avon residents to have early access to tickets and/or discounted pricing, Peak Performances is willing to present should we begin negotiations.
Staff anticipates a request for Town support with in-kind services such as access to event assets and Staff to set-up and remove such assets (power distribution, tents, tables, chairs, etc.), police services, traffic control, access to Town owed parking lots and/or stalls, special event shuttle service, use of lift truck and scissor lift, access to light poles for banner placement and/or digital sign for promotions, event landing pages on Town websites, and social posts. Staff would work very closely with the producer to ensure high-quality production in all categories and that all local, regional, and State regulations are followed.
Neither concert will require a budget amendment.
TOWN MANAGER RECOMMENDATION: I recommend that Council support proceeding with these ticket concerts. The Town of Avon has worked hard under Danita’s leadership to build our reputation as a high quality concert venue to attract ticketed concerts with national acts. Community Surveys and last year’s Business Survey included multiple comments that the Town should book bigger name national acts on the Avon Performance Pavilion stage. CASE members currently and over the past several years have consistently advocated for hosting more national acts on the Avon Performance Pavilion stage. This opportunity appears to fit community and business sentiment. It also offers a chance to learn the pros and cons of adding large scale ticketed events at the Avon Performance Pavilion to our summer schedule.
PROPOSED MOTION: “I move to direct Staff to proceed with negotiations and arrangements for ticketed concert events at the Avon Performance Pavilion in September.”
Thank you, Danita
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Waiver of Conflict of Interest – Sarah Smith Hymes DATE: February 24, 2023
SUMMARY: This report provides a request to consider waiving conflict of interest for former Mayor Sarah Smith Hymes to allow her to accept a part-time position with the Town of Avon as a sustainability coordinator.
Avon’s Code of Ethics states in 2.30.60 Conflict of Interest (11)
For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an official act during his or her term of office for six (6) months following expiration or termination of office, if such official act occurred less than four (4) years prior to such employment or
compensation, provided that this provision may be waived by a majority of the
disinterested Town Council members.
This provision was added in 2015 while I was serving as the Avon Town Attorney. Avon’s Code of Ethics is among the strictest in the State of Colorado with regard to employment with Town or any employment related to a matter on which a Council member took action. This provision also expressly allows for Council to waive the conflict of interest. As the draft of this Code provision I can share that the intent was to allow for case-by-case review of situations in which a waiver is requested. There is no specific guidance in the Code of Ethics on how Council should evaluate a request for the waiver and approve of a waiver is in the Council’s discretion.
I can say that I have received no pressure, suggestion or request to hire Sarah Smith Hymes. My interest in hiring her is due to the volume of pending work with Climate Action goals and strategies and her experience and passion for Climate Action work. Town of Avon posted the job position, received several applications and reviewed all applications objectively. Other applicants had neither direct experience working on climate actions issues and did not have experience working with Colorado Communities for Climate Action (CC4CA), the state legislature, regional climate action organizations like the Climate Action Collaborative, or local government policies.
Sarah Smith Hymes last day serving as Mayor of Avon was on December 13, 2022, so the six month restriction would expire on June 13, 2023. I would like to hire Sarah Smith Hymes sooner than June due to immediate work load and projects for which she could be very helpful.
ACTION: A waiver of conflict of interest requires a majority vote of Council. If Council does not entertain a motion or a motion does not pass by majority vote then the conflict of interest would not be waived and employment with the Town of Avon would be restricted until June 13, 2023.
PROPOSED MOTION: “I move to waive a conflict of interest for Sarah Smith Hymes in accordance with Section 2.30.060(11) of the Town of Avon Code of Ethics to allow Sarah Smith Hymes to accept a part-time employment position with the Town of Avon as a sustainability coordinator.”
Thank you, Eric
www.mountainlawfirm.com
Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602
Aspen 323 W. Main Street Suite 301 Aspen, CO 81611
Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402
Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs
MEMORANDUM
DATE: February 24, 2023
TO: Mayor and Town Council, Town of Avon
FROM: Karp Neu Hanlon, P.C.
RE: Public Finance Authority Release – Eaglebend Dowd Affordable Housing Corporation
(Kayak Crossing)
I. SUMMARY:
Public Finance Authority (“PFA”), a Wisconsin based public finance entity, took title to the Kayak Crossing residential housing project (the “Project”) as part of enabling Eaglebend Dowd
Affordable Housing Corporation (“EBDAHC”) to obtain tax exempt financing to refinance
existing debt and to provide funds for extensive remodelling of the project. Ownership by PFA (as an entity independent of EBDAHC) was required for at least 90 days in order to meet minimum IRS requirements for tax exempt eligibility. To meet tax exempt eligibility requirements, EBDAHC conveyed the Project to Avon, then Avon conveyed to PFA. PFA now desires to transfer
title to the EBDAHC project back to EBDAHC. This transaction and conveyance back to
EBDAHC was contemplated from the outset and it was recognized that PFA was facilitating the public tax-exempt financing but was not in the business of owning housing projects.
Please see the attached letter from Andrew Rubin, Greenberg Traurig, who has served as legal counsel for EBDAHC.
As part of the transfer of title back to EBDAHC, PFA desires a release from the Subordination
Agreement and the Project Agreement. The Subordination Agreement is between Avon, EBDAHC, PFA and Firstbank. Firstbank requested the Subordination to make sure that the bank’s interest was in the first position, which was expected and consistent with past financing. The Project Agreement is between EBDAHC, PFA and Avon. Avon requested the inclusion of PFA in
the Project Agreement during the time that PFA held title to the Project so that Avon’s rights in
the Project Agreement were enforceable against PFA as the owner.
PFA will no longer have an interest in the Project after conveying title back to EBDAHC, so a Release agreement is proposed. The Release must be approved by Council because it is an amendment to the Subordination Agreement and Project Agreement, which were both approved
Affordable Housing Corporation – Release Page 2
by Council. I have reviewed the form of the Quit Claim deed and it is acceptable for conveyance back to EBDAHC.
It is my legal opinion that the Release agreement does not diminish or adversely affect the Town of Avon’s rights in the Project Agreement. The conveyance of the Project back to EBDAHC was originally contemplated and desired, and the release of PFA was also previously contemplated to
occur at the time of conveying title to the Project back to EBDAHC.
The executed Subordination Agreement and Project Agreement are also attached for your information.
II.PROPOSED MOTION:
“I move to approve the Eaglebend Affordable Housing Project Release”.
III.ATTACHMENTS:
Form of Release Letter from Andrew Rubin Subordination Agreement Project Agreement
After recording, return to:
FirstBank
12345 West Colfax Avenue
Lakewood, CO 80215
Attn: Loan Operations
ACTIVE 684096945v1
EAGLEBEND DOWD AFFORDABLE HOUSING PROJECT
RELEASE
THIS RELEASE (the “Release”) is made as of __________, by and among the TOWN
OF AVON, COLORADO, a Colorado home rule municipally (the “Town”) FIRSTBANK, A
Colorado state banking corporation (the “Lender”), EAGLEBEND DOWD AFFORDABLE
HOUSING CORPORATION, a Colorado nonprofit corporation (the “Corporation”), and the
PUBLIC FINANCE AUTHORITY, a unit of government and a body corporate and politic of the
State of Wisconsin (the “Authority”).
RECITALS
A. The Corporation has been organized under the Colorado Nonprofit Corporations
Act to acquire property in order to provide affordable housing facilities, for the benefit and on
behalf of the Town and its inhabitants.
B. The Corporation incurred a loan in the principal amount of $13,000,000 (“Loan”)
pursuant to a Financing Agreement (“Financing Agreement”) by and among the Authority, the
Corporation, and the Lender dated June 30, 2022 for the purposes of (i) (A) Multifamily Housing
Project Subordinate Revenue Bonds, Series 1998B in the outstanding principal amount of
$600,000 (the “1998B Bonds”), (B) Multifamily Housing Project Subordinate Revenue Bonds,
Series 1998C in the outstanding principal amount of $1,000,000 (collectively with the 1998B
Bonds, the “1998 Bonds”), and (C) Multifamily Housing Project Refunding Revenue Bonds,
Series 2014A in the outstanding principal amount of $7,480,000 (the “2014A Bonds,” and
collectively with the 1998 Bonds, the “Refunded Bonds”); and (ii) providing additional moneys
to make certain improvements to the Project (defined below). The Refunded Bonds were issued
for the purpose of refunding prior bonds which were issued for the purpose of acquiring and
constructing real and personal property operated by the Corporation and known as the
“EagleBend Dowd Kayak Crossing Affordable Housing Project” (the “Project”), located on the
property described in Exhibit A hereto (the “Property”), to provide dwelling accommodations at
rental rates within the means of individuals or families of low or moderate income, as determined
by the board of directors of the Corporation from time to time.
C. In connection with the Loan, the Town, the Authority, and the Corporation
entered into a Project Agreement dated June 30, 2022 (“Project Agreement”).
D. The Project Agreement was recorded in the office of the Eagle County, Colorado
Clerk and Recorder on July 1, 2022 at Reception No. 202211503.
E. Pursuant to Section 3 of the Project Agreement and as further provided in the
Financing Agreement, the Borrower and the Authority have granted the Town the right to
ATTACHMENT A
ACTIVE 684096945v1
acquire fee title and exclusive possession of the Property upon satisfaction of certain payment
obligations to the Lender (the “Purchase Right”).
F. In connection with the Loan, the Town, the Authority, the Lender, and the
Corporation entered into a Subordination Agreement dated June 30, 2022 and recorded in the
office of the Eagle County, Colorado Clerk and Recorder on July 1, 2022 at Reception No.
202211539 (“Subordination Agreement”) subordinating the Project Agreement and the
Purchase Right to the Loan.
G. In connection with the Loan, the Authority acquired fee title to the Project.
H. The Authority desires to irrevocably transfer by gift all of its right, title, interest,
liability, indebtedness, and obligations in and to, or arising from the Project and the Property to
the Corporation, and the Corporation desires to accept the Project and the Property from the
Authority on an “as-is,” “where-is” basis and “with-all-faults-and-defects” basis, without
representation or warranty of any kind from the Authority and subject to all taxes, assessments,
liens, encumbrances and other matters whether or not of record, by the execution and recording
of a quitclaim deed (the “Reconveyance”).
I. Following the Reconveyance, the Authority will have no further obligations or
duties under the Project Agreement or the Subordination Agreement.
J. In connection with the Reconveyance, the Authority desires to be released from
and no longer be a party to the Project Agreement and the Subordination Agreement.
RELEASE OF THE AUTHORITY
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Town, the Corporation, and the Lender hereby release and forever discharge
the Authority of and from any and all obligations and covenants under the terms of the Project
Agreement and the Subordination Agreement. The Town, Corporation, and the Lender hereby
acknowledge that the Project Agreement and the Subordination Agreement remain in full force
and effect.
[The remainder of this page intentionally left blank]
[Signature Page to Release of Authority]
ACTIVE 684096945v1
IN WITNESS WHEREOF, the Town has executed this Release as of the date first written
above.
TOWN:
TOWN OF AVON, COLORADO
By:
Its: Mayor
By:
Its: Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of , 202_,
by _________________, as Mayor, and ________________________ as Town Clerk, on behalf
of the Town of Avon, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: _________________.
[ S E A L ]
Notary Public
ACTIVE 684096945v1
CORPORATION:
EAGLEBEND DOWD AFFORDABLE HOUSING
CORPORATION, a Colorado nonprofit corporation
By: _______________________________
Gerald E. Flynn, President
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ___________, 202_ by
Gerald E. Flynn as President of EagleBend Dowd Affordable Housing Corporation, a Colorado
nonprofit corporation.
Witness my hand and official seal.
[seal]
Notary Public
My commission expires .
ACTIVE 684096945v1
LENDER:
FIRSTBANK,
a Colorado state banking corporation
By:
STATE OF COLORADO )
) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ___ day of , 202_,
by ________, as ______________ of FirstBank, a Colorado state banking corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: _________________.
[ S E A L ]
Notary Public
ACTIVE 684096945v1
AUTHORITY:
PUBLIC FINANCE AUTHORITY,
A unit of government and a body politic and corporate of
the State of Wisconsin
By:
Name:
Title: Assistant Secretary
STATE OF WISCONSIN )
) ss.
COUNTY OF DANE )
The foregoing instrument was acknowledged before me this ___ day of ___________, 202_ by
___________, as Assistant Secretary of the Public Finance Authority, a unit of government and a
body politic and corporate of the State of Wisconsin.
Witness my hand and official seal.
[seal]
Notary Public
My commission expires .
ACTIVE 684096945v1
EXHIBIT A
(Legal Description of Property)
PARCEL A:
TRACT A, CLIFFSIDE VILLAGE CONDOMINIUMS, ACCORDING TO THE EXEMPTION PLAT RECORDED
JUNE 29, 1998 RECEPTION NO. 661239, COUNTY OF EAGLE, STATE OF COLORADO AND AS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE EAST HALF OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE FULLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 16; THENCE NORTH 34 DEGREES 08
MINUTES 01 SECONDS WEST, 2348.72 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE
EASTERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD;
THENCE NORTHWESTERLY 629.55 FEET ON THE ARC OF A CURVE TO THE LEFT, WITH A RADIUS OF
1495.71 FEET AND A CENTRAL ANGLE OF 24 DEGREES 06 MINUTES 57 SECONDS (BEING SUBTENDED
BY A CHORD THAT BEARS NORTH 37 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF
624.91 FEET);
THENCE NORTH 84 DEGREES 16 MINUTES 04 SECONDS EAST, 321.88 FEET;
THENCE SOUTH 82 DEGREES 32 MINUTES 46 SECONDS EAST, 150.39 FEET;
THENCE SOUTH 47 DEGREES 39 MINUTES 16 SECONDS EAST, 122.44 FEET;
THENCE SOUTH 33 DEGREES 00 MINUTES 19 SECONDS EAST, 242.45 FEET;
THENCE SOUTH 24 DEGREES 53 MINUTES 35 SECONDS EAST, 163.93 FEET;
THENCE SOUTH 68 DEGREES 33 MINUTES 19 SECONDS WEST, 145.00 FEET;
THENCE SOUTH 40 DEGREES 42 MINUTES 45 SECONDS WEST, 32.20 FEET;
THENCE NORTH 51 DEGREES 05 MINUTES 45 SECONDS WEST, 240.00 FEET;
THENCE SOUTH 08 DEGREES 54 MINUTES 15 SECONDS WEST, 65.00 FEET;
THENCE SOUTH 16 DEGREES 05 MINUTES 45 SECONDS EAST, 65.00 FEET;
THENCE SOUTH 67 DEGREES 24 MINUTES 15 SECONDS WEST, 45.00 FEET TO THE POINT OF
BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL B:
TOGETHER WITH THE EASEMENT RIGHTS ON, OVER AND ACROSS PARCEL 1, AS GRANTED BY THE
ACCESS PARCELS, CLIFFSIDE VILLAGE CONDOMINIUMS, ACCORDING TO THE PLAT RECORDED
AUGUST 26, 1992 IN BOOK 587 AT PAGE 778 AND AS GRANTED IN ACCESS ROAD EASEMENT
RECORDED OCTOBER 19, 1992 IN BOOK 591 AT PAGE 869, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL C:
TOGETHER WITH THE EASEMENT RIGHTS AS GRANTED BY THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTION FOR RIVERCLIFFS RECORDED AUGUST 12, 1999 AS RECEPTION NO.
705256, AND AS GRANTED BY DECLARATION OF EASEMENTS RECORDED AUGUST 12, 1999 AS
RECEPTION NO. 705257, AND AS GRANTED BY TRACT A EASEMENT RECORDED OCTOBER 19, 1992 IN
BOOK 591 AT PAGE 870 AS RECEPTION NO. 487968, AS AMENDED BY FIRST AMENDMENT TO TRACT A
EASEMENT RECORDED AUGUST 12, 1999 AS RECEPTION NO. 705259, COUNTY OF EAGLE, STATE OF
COLORADO.
ATTACHMENT B
[Signature Page to Subordination Agreement]
IN WITNESS WHEREOF, the parties have executed this Subordination
Agreement as of the date set forth above.
TOWN:
TOWN OF AVON, COLORADO
By: _______________________________
Name: ____________________________
Title: _____________________________
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of
___________, 2022 by _____________, as _________ of Town of Avon, Colorado.
Witness my hand and official seal.
[seal]
Notary Public
My commission expires .
ATTACHMENT C
ATTACHMENT D
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 14, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:32
The meeting was hosted in a Hybrid format, in-person at Avon Town Hall and using Zoom.us. Mayor Amy
Phillips called the February 14, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken
and present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and
Mayor Phillips and Mayor Pro Tem Tamra Underwood. Also present in person were Town Manager Eric
Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager
Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Chief of Police Greg Daly, Planning Director Matt
Pielsticker, Town Engineer Justin Hildreth, Public Works Director Eva Wilson, Recreation Director
Michael Labagh, Senior Planer Jena Skinner, Building Official Derek Place, Sustainability Coordinator
Charlotte Lin, and Project Engineer Tim Thompson.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:00
Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Andrade requested
that Written Report 7.4 be pulled from the Agenda for discussion after the conclusion of the Planning
& Zoning Commission Joint Meeting, before continuing with Item 5.3. of the Agenda. With no additional
changes discussed, Councilor Andrade presented a motion to approve the Agenda, as amended.
Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:00
Mayor Phillips asked if there were any conflicts of interest related to the Agenda. Councilor Andrade
disclosed he had a conflict of interest related to Item 5.4. because he holds financial interest in a
company that has a seat on the Westgate Board that would be affected by the Westgate Site Drainage
issue and paving project. Based on this disclosure, Town Attorney Hanlon recommended Council follow
its Rules of Order to make the determination whether this is a conflict of interest. After deliberations,
Council determined no conflict was apparent and Mayor Phillips concluded no vote was necessary. No
other conflict of interest was disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:03:54
Mayor Phillips explained that public comment can be made by participating in the meeting in person,
via zoom’s video/audio, via telephone, or via email. She added that this public comment section is
intended for items not listed in the Agenda, and participation by members of the public is limited to 3
minutes. She asked if there was any public comment from those present in the room or on Zoom, and
there were none.
Steve Coyer, resident of Mountain Star and its President, took the podium to speak of potential water
conservation strategies at Mountain Star. He delivered a presentation to Council related to Mountain
Star’s water consumption and highlighted that the community is not a major consumer of water above
and beyond what is average. He asked not to enact the new water conservation act to existing dwellings
because he doesn’t think Avon will get a lot out of it. He asked for more attention to other members of
the community and stated council should be decisive.
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Sarah Will, resident of Edwards, took the podium to speak of ADA parking spaces that were sandblasted
and have not been returned to their original design. She thanked the support and help of Town
Community Development staff and stated there is ongoing litigation over it. She presented a diagram
to Council of proposed ADA parking at the site. Town Manager Eric Heil informed Council that the
Community Development Department is actively working on the matter by following their approval
processes and will have a response for Ms. Will by the following day. Mr. Karl Hanlon was introduced
and reiterated this is a Community Development administrative matter, and he will only participate in
the matter if the Town needs legal representation.
No other public comment was made in person nor online via zoom.
5. BUSINESS ITEMS
5.1. Proclamation: One Book One Valley (OBOV) 2023 (Lori A. Barnes, Director of Library Services for
Town of Vail)
Video Start Time: 00:17:05
Ms. Lori A. Barnes who is the Director of Library Services for the Town of Vail first introduced Ms.
Lindsey Austin who she stated is a full-time media specialist at Gypsum Creek Middle School, One
Book One Valley Committee Member, intern of the Vail Public Library, and soon-to-be graduate of
the Master of Library and Information Science. She then spoke of OBOV, its pick of the book entitled
The Downstairs Girl, its author Ms. Stacy Lee, and presented a copy of the book to each Councilor.
She then invited Ms. Austin to speak of the launch of the OBOV book at Gypsum Creek Middle
School. Mayor Phillips read the proclamation for the record. Ms. Barnes asked for a picture with
Council to memorialize the proclamation.
5.2. Joint meeting with Planning & Zoning Commission:
Video Start Time: 00:32:30
Mayor Phillips called to order the joint meeting with the Planning and Zoning Commission. A roll
call was taken and in addition to Councilors already present, Commissioners present were Tom
Schaefer, Kevin Hyatt, Steve Nusbaum, Donna Lang, Anthony D. Sekinger, Marty Golembiewski, and
Bill Glaner.
5.2.1 Presentation: Energy Smart Colorado Avon Rebates Update (Walking Mountains Energy
Programs Director Nikki Maline)
Video Start Time: 00:34:30
Ms. Maline delivered a presentation to those present related to rebates available under the
Energy Smart Colorado program in the hope of improving energy consumption in Avon. After
discussion on the rebates, Commissioner Nusbaum asked if there were other tax incentives
available, which she answered in the affirmative. Councilor Thuon then thanked her for a
thorough presentation he could understand.
5.2.2 Work Session: Net Zero Communities (Sustainability Coordinator Charlotte Lin)
Video Start Time: 00:45:40
Ms. Lin delivered her presentation on Net Zero Communities to those present. Mayor Pro
Tem Underwood asked if Avon should revise its reduction goal of 80% by the year 2050 to
zero and be a more ambitious net zero. Ms. Lin explained that the existing goal is consistent
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with the Eagle County Climate Action Plan but would be happy to revise this goal to 100%.
Mr. Heil intervened to explain that the existing climate action goal is standardized in the
County and of daunting complexity. He added the existing goal is the most aggressive in the
world and Holy Cross is already ahead of other providers in giving Avon the advantage to meet
it. He wondered if the net zero vs 80% reduction could be answered during these discussions
and highlighted that the presentation’s goal is to inform those present on what is being done
to meet energy reduction 2030 and 2050 goals.
Councilor Thuon mentioned that the 2030 and 2050 goals are aggressive and asked if there is
any low hanging fruit to advance the goal. He asked if the town could create a QR code that
presents what Avon is doing. He added that guests don’t understand the complexity of trash
disposal and sharing info that is simple to understand would help. Ms. Lin said that a low-
hanging fruit item could be to launch a composting program by first working with restaurants.
Mr. Heil added that there are programs that try to reassign food waste in restaurants but it is
a complex topic. He added the Town is looking at EPA grants to secure funding to approach
restaurants and provide tools for free composting, but it will be necessary to scale up
adoption to 50% for composting to be effective.
Commissioner Sekinger asked what is needed to make inventory of where we are to know
where we are going. Ms. Lin responded that the Town has begun gathering and analyzing data
to establish a baseline of where the Town is. Mr. Heil added that the Town is reaching out to
consultants to obtain proposals on data gathering.
Councilor Andrade asked if the electric providers have a plan to cover the ever-growing energy
consumption needs of the community. Mr. Heil explained that Holy Cross is already planning
for households to move to electric vehicles and is escalating growth based on projected
adoption of electric vehicles in the Valley. Mr. Heil then spoke of the need for residential
battery storage and added information of the pilot program at public works for electrification
of 24 buses. He added that the Town will grow 50% while simultaneously reducing 80% energy
consumption. Councilor Andrade asked if these goals are attainable and stated he would like
for Holy Cross representatives to speak with Councilors on this topic.
Commissioner Nusbaum asked what areas the Commissioners can work on to support these
initiatives. Mayor Phillips stated they will be evolving.
Commissioner Lang asked if in existing data mining, there have been discussions for car rental
companies to convert their fleets of cars to electrification. Ms. Lin said she did not know but
would be happy to investigate it.
Mayor Pro Tem Underwood asked if Ms. Lin could speak of the 2.0 Net Zero Expo. Ms. Lin
stated she is hoping to schedule it in spring of 2024 to enable the attendance of builders and
developers in low season at the Westin.
AVON REGULAR MEETING MINUTES
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5.2.3 Work Session: Water Conservation Strategies (Public Works Director Eva Wilson and Town
Manager Eric Heil)
Video Start Time: 01:23:40
Mr. Heil delivered his presentation to Council. Mayor Pro Tem Underwood thanked
Commissioner Glaner for his work on the landscaping ordinance. She asked what is needed
for the Village at Avon to adopt the same standards. Mr. Heil stated the Town is in regular
contact with them and they recognize the value of consistency between both communities.
He also added they have their own ideas and goals, and they are already the most stringent
in terms of water conservation because of their existing water allotments under the water
bank. He stated Avon is trying to catch up to them. Mayor Pro Tem Underwood said she has
come to terms with the landscaping ordinance only applying to new construction. She asked
the Town to explore strategies to motivate existing property owners to create better habits.
Mr. Heil stated there’s a town cleanup day where there will be a landscape expo and agreed
that education is the best strategy.
Councilor Carroll stated he is against the concept of forcing existing homeowners to change
their landscaping but has some ideas on how to convince them of better water consumption.
Commissioner Golembiewski asked if Mountain Star consumes 1.5 times as much water as
the rest of Avon. Mr. Heil said he is unsure but highlighted the Town needs consistent
regulations for all in Avon. He added there needs to be data collection to come up with
reasonable water-use baselines. Only then can they bring Mountain Star and all other
communities to compliance with one standard. Mayor Pro Tem Underwood wondered if the
Town could use its influence with the water authority to accelerate data collection.
5.2.4 Work Session: Lot 5 Apartment Design/Swift Gulch Public Works Facility (Town Manager Eric
Heil)
Video Start Time: 01:50:45
Mr. Heil delivered his presentation to Council, asking for direction related to the project of
building town employee housing and expanding public works facilities. There was a spirited
debate about the use of Lot 5 next to Walmart vs. the lot at Swift Gulch.
Councilor Hardy voiced her preference to explore construction at Swift Gulch. Councilor
Thuon read a text from former Councilor Scott Prince in support of having the development
stay at Swift Gulch and he added he is of the same opinion. Councilors Andrade and Carroll
stated there needs to be more clarity of the costs between both projects to understand the
best option, but they prefer Swift Gulch.
Commissioners Schaefer and Nusbaum both said that if there were a Lot 5 specific site plan,
Lot 5 would be a better site for this project. Commissioner Golembiewski also supported Lot
5 and said Swift Gulch isn’t as close as discussed by Councilors, and the on-ramp crossings
aren’t easier. He asked if apartments could also be added on top of plow storages at the public
works facilities. Mr. Heil explained it is difficult to do so because of exhaust fumes but
temporary housing may be an alternative. Commissioner Glaner also supported the selection
of Lot 5.
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Councilor Stanley asked if the Town had explored prefabricated construction. Mr. Heil
explained prefab does not present cost savings, only time savings and explained this may
change with expanding prefab options in the state.
Councilor Thuon asked if the Town was considering the construction of a van life parking lot
and asked if the Town could accommodate it. He said he knows of many that are adopting
that lifestyle and it could be a way to add housing spaces for the community.
Councilor Stanley said she identifies pros and cons in both Swift Gulch and Lot 5.
Mayor Pro Tem Underwood also said she identifies value in both sights but favors Lot 5 if it
can be maximized, as most Commissioners suggested. She emphasized she doesn’t favor one
site over the other and wants to accelerate the process, understanding it will be expensive on
either site.
Councilor Andrade highlighted that the total cost of both buildings is needed to determine
what savings will take place.
Mayor Phillips summarized that there’s urgency in the project and an unclear path. She asked
for more information gathering with additional architectural designs that are site specific to
Lot 5. She asked for updated costs of each site. She suggested there be more density and a
careful balance with financial viability to build the projects. She asked for the Planning and
Zoning Commission to review these questions and come back with a recommendation to
Council. She highlighted that the project needs to be analyzed with a very long-term view.
Commissioner Lang asked questions related to how many bedrooms were most convenient
for each apartment in the project, and Mr. Heil provided her with the rationale used.
5.2.5 Work Session: Building Code Recommendations from Eagle County Codes Cohort (Building
Official Derek Place)
Video Start Time: 02:38:21
Mr. Place and Ms. Kimberly Schlaepfer with Lotus Engineering and Sustainability delivered
their presentation related to Building Code Recommendations from the Eagle County Codes
Cohort. Commissioners did not have any questions related to the presentation.
Mayor Pro Tem Underwood stated she is in favor of moving forward with adoption of the
Building Code recommendations before July 1st deadline. She asked that the exterior energy
offset program be excluded because it is not equitable. She added she wants all energy offset
programs eliminated from the code, including those for existing snowmelt driveways.
Councilor Stanley asked if new projects are already putting in electric infrastructure for
electric vehicle charging. Mr. Place said yes, to offset snowmelts and pool heaters. Councilors
Hardy and Thuon said they support these recommendations.
AVON REGULAR MEETING MINUTES
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5.2.6 Work Session: Development Code Amendments (Senior Planner Jena Skinner)
Video Start Time: 03:33:15
Ms. Skinner delivered her presentation on proposed Development Code amendments.
Commissioner Schaefer suggested that these proposed amendments include a residential
development bonus for common sense residential modifications. Councilor Thuon expressed
some support for residential development bonuses. Mayor Pro Tem Underwood explained
that commercial development bonuses have social benefits tied to them and questioned what
if any could social benefits of residential development bonuses be. No social benefit was
discussed, which concluded the suggestion.
Councilor Underwood presented a motion to direct staff to move forward with the proposed
Development Code amendments. Councilor Stanley seconded the motion. It was approved
with a 7-0 unanimous vote.
5.2.7 Work Session: Long-Range Planning Updates (Planning Director Matt Pielsticker)
Video Start Time: 03:33:15
Mr. Pielsticker delivered his presentation related to Long-Range Planning Updates. There
were no questions from Commissioners. Mayor Pro Tem Underwood referred to the east
town center redevelopment map and asked that Town Planners be more enlightened when
it comes to land surfacing the railroad corridor. She asked to plan for it on the east side.
With no other items on the Planning and Zoning Commission Agenda, its Chairman, Commissioner
Nusbaum adjourned the meeting at 9:00 p.m.
There was a 5-minute recess after which, at 9:05 p.m., all Councilors reconvened at their seats
and continued with the meeting.
5.3. Recycling Campaign Update (Sustainability Coordinator Charlotte Lin) [Amended Agenda Item
added as 5.3, was formerly Written Report 7.4]
This item was not discussed by Councilors at this time and Council moved on to Agenda Item 5.4.
5.4. Notice of Award: Harry A. Nottingham Park Restrooms (Town Engineer Justin Hildreth) [Amended
Agenda Item, formerly Item 5.3.]
Video Start Time: 04:00:45
Mr. Hildreth delivered his presentation and asked Councilors for direction given the financing
shortfalls and increased costs. Councilor Thuon asked why construction costs doubled, and why the
bathrooms are now more expensive than the stage. Mr. Hildreth explained what drove construction
costs up. He then asked if the Town reached out to local contractors and was answered in the
affirmative but they are backlogged and busy. He then said he did not support the project and did
not believe the community would support it either.
Mr. Heil stated it is an important project that was listed as the No. 1 concern of the community in
the latest survey, but it has been a struggle to find reasonable construction bids given scarcity of
contractors. He added that Councilors have many capital improvements to discuss that are not
included in the CIP budget. He said construction costs are now at a different level than before. He
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added it is not clear how the Town will prioritize these expenditures and it is a challenging task. He
added there needs to be a consensus of special events at the park over the coming years and until
such time, perhaps it is best to put this construction project on standby.
Councilor Hardy said the cost is outrageous and she values that the design is completed so that in
the downturn of the economy, the Town can build it with lowered construction costs. She added
that there is an option or solution that needs to be found because the community is begging for
bathrooms there. She asked staff to figure something out, with special focus on north restrooms.
She suggested exploring portable toilets with shrouds and permanent access to service them.
Councilor Carroll stated he needs to understand capital projects for the Town overall and wants to
understand priorities. He added the Town needs to reassess how it looks at bids. He suggested some
work sessions between Councilors because there is no consensus on what the answers are,
emphasizing he is trying to ask the right questions.
Councilor Andrade expressed concern and wondered how the Town took a swing and missed so
badly on the budget. He asked if it was a lack of communication or unrealistic plans because of the
huge gap. He asked staff to go back and review the project. He suggested the Town educate the
community on why there are no bathrooms being built based on existing construction costs.
Councilor Stanley asked if the Town could build something on the site that was just demolished. Mr.
Heil stated the Town will explore if it is efficient to install a concrete pad and an upscale portable
toilet. He also added the Town will look at screening options for portable toilets. He explained
anything beyond that will need architect drawings. He reflected on the fact that anything built now
will ultimately be torn down in the future. He agreed that a work session on this and other capital
improvement projects is needed, saying the current construction market and its costs are
unprecedented due to lack of work force and construction backlogs.
Mayor Pro Tem Underwood supported Councilor Carroll’s statements. She added that the beach is
by far the most popular amenity of the park and the Town needs to service it since north restrooms
are more important than big bathrooms on the east side of the park. She asked the Town to explore
a permanent solution on the north side of the park.
Councilor Thuon suggested that the Town use corrugated sheets to shroud portable toilets and
asked staff to follow the philosophy behind the acronym KISS.
Mayor Phillips stated the consensus is to reject the bid. She added that she researched
prefabricated bathrooms, and they appear to be an interesting solution but understands that
substantial cost for the project comes from ADA requirements as well as bringing sewer and water
to the site. She directed staff to schedule a Capital Improvements Project work session sooner than
later. She reflected on the long term vision of special events at the park. She wondered if Council
and CASE are aligned. She asked staff to gather information on portable restroom structures and
not just portable toilets.
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Councilor Carroll presented a motion to reject this Award. Councilor Stanley seconded the motion.
It was approved with a 7-0 unanimous vote.
5.3. Recycling Campaign Update (Sustainability Coordinator Charlotte Lin) [Amended Agenda Item 5.3.]
Video Start Time: 04:34:40
Mayor Pro Tem Underwood called for orders of the day and asked Mayor Phillips and her Councilors
to discuss Amended Agenda Item 5.3. which was skipped. Councilor Andrade stated the universal
mailer and stickers proposed seem ridiculous to him because they are not sustainable. Councilor
Thuon stated he too is not in favor of stickers, which Councilor Carroll echoed. Ms. Lin stated she
will explore other options to get information out to the community without the use of mailers or
stickers. Councilor Hardy suggested placing posters inside local businesses and summer events. Mr.
Heil stated the Town will skip mailers and stickers and focus on other options. Mayor Pro Tem
Underwood added that instead of a new webpage, the Town should explore the use of the Waste
Wizard App, with an Avon-specific automatic filter.
5.5. Notice of Award: West Beaver Creek Blvd from US6 to Avon Elementary School Street Improvement
Project (Town Engineer Justin Hildreth) [Amended Agenda Item, formerly Item 5.4.]
Video Start Time: 04:38:48
Mr. Hildreth delivered his presentation. Councilor Thuon asked questions related to budgeting, and
it was explained that this project was already planned to be included in CIP budget amendment in
April. The duration of the project and logistics were then discussed by Councilors. Mr. Hildreth
stated once Council takes vote to move forward, he will gather more precise information from those
involved in the project relative to the duration and timeline of the project.
Councilor Carroll presented a first motion to approve the asphalt overlay project’s Award to 360
Paving LLC. Mayor Pro Tem Underwood seconded the motion. It was approved with a 7-0
unanimous vote.
Councilor Carroll presented a second motion to approve the concrete work project’s Award to
JARRCO Construction LLC. Councilor Hardy seconded the motion. It was approved with a 7-0
unanimous vote.
5.6. Notice of Award: Metcalf Culvert Repair (Public Works Director Eva Wilson) [Amended Agenda Item,
formerly Item 5.5.]
Video Start Time: 04:52:52
Mr. Tim Thompson, Town Project Engineer, delivered his presentation on behalf of Ms. Wilson for
the Metcalf Culvert Repair. Councilor Carroll presented some questions related to inclusions in the
Award’s Contract. A discussion was had on the longevity and quality of the repairs. Mayor Pro Tem
Underwood asked if the project would impact traffic on Metcalf Rd, and Mr. Thompson stated there
would be minor intermittent interruption.
Mayor Pro Tem Underwood presented a motion to approve this Award. Councilor Thuon seconded
the motion. It was approved with a 7-0 unanimous vote.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 14, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
6. MINUTES
Approval of January 24, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Video Start Time: 05:00:55 pm
With no discussion or correction, Councilor Stanley moved to approve the minutes from January
24, 2023, as presented. Councilor Hardy seconded the motion. It was approved with a 7-0
unanimous vote.
7. WRITTEN REPORTS
7.1. Draft January 17 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent
Kacy Carmichael)
7.2. Upper Eagle Regional Water Authority December 15, 2022 Meeting Summary (Town Manager
Eric Heil)
7.3. Building Electrification Update (Planner 1+ Max Morgan)
7.4. Recycling Campaign Update (Sustainability Coordinator Charlotte Lin)
7.5. Sustainable Transportation Policy for Employees (Sustainability Coordinator Charlotte Lin)
7.6. Eagle Valley Transportation Authority – Grants Update (Mobility Director Eva Wilson)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 05:01:35
Councilor Thuon referred to the new signed put up in the last two weeks at the park near his
residence. The sign states no motor vehicles beyond this point. He added the road gets driven
every day, so the sign is useless. He asked that the sign be taken down and put on a soft horse that
says please do not enter. He suggested additional signage that says: yes, it’s winter but you still
need to clean up after your dog.
Councilor Stanley asked if any signs would be placed on the stage at the park and if there is budget
for them and was advised there will be signs added and they are in the budget.
Councilor Hardy stated there have been some incredible letters to the editor in the Vail Daily
recently, originating from two Avon Elementary students. She proceeded to read the letter written
by Taylor Martinez entitled “Stop Pollution in the Ocean” to her fellow Councilors. She stated she
wanted to encourage students to continue to write such letters to the Editor and congratulated
the Vail Daily and the Teacher for helping to create and circulate those letters.
Mayor Pro Tem Underwood asked if the Town is prepared to implement a solution for the windows
above the stage to prevent bird kill. She asked if the Town planned to use decals. Mr. Heil stated
there are some existing decals and will get back to her on the status of solutions that will be
implemented to prevent the issue at the stage. She then thanked Community Development and
Avon Rec for the launch of La Zona and invited the community to get involved. She then thanked
public works for their hard work clearing snow and ice above the bridge by Avon Road at the Eco
Bridge. She then emphasized additional thanks to staff for the operation of the skating rink on
Nottingham Lake, stating it is charming and functional, and the QR code for release of liability
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works well.
Councilor Carroll thanked the public and staff for showing up on Valentine’s Day and wished
Councilor Stanley a happy birthday.
Councilor Hardy thanked public works for an awesome job.
10. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 10:17 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy.
The most accurate records of the meeting are the audio of the meeting, which is housed in the Town
Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Chico Thuon
Scott Prince
Lindsay Hardy
RJ Andrade
Ruth Stanley
Rich Carroll
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – December 2022, Annual 2022 & January 2023 data DATE: February 22nd, 2022
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for December 2022 and the recreation fees and real estate transfer tax revenues for January 2023. Additionally, an annual comparison between 2021 and 2022 for all revenue is included.
BACKGROUND: The Town’s 2022 budget was adopted in December 2021. There have not been any subsequent revisions to the adopted budget so far in 2023. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for November and December revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – December 2022: November sales tax revenues totaled $1,997,805. This is an increase of $263,653 or 15.20% compared to December 2021 sales tax revenue of $1,734,151.
DECEMBER 2021 v DECEMBER 2022 SALES TAX COMPARISON BY INDUSTRY
December 2021 December 2022 Increase/Decrease
Home/Garden $111,523.08 $190,768.30 $79,245.22
Grocery/Specialty/Health $392,579.16 $392,645.58 $66.42
Sporting Goods Retail/Rental $194,123.42 $194,757.38 $633.96
Miscellaneous Retail $99,061.85 $96,424.15 ($2,637.70)
Accommodations $362,569.00 $326,543.05 ($30,025.95)
Restaurants/Bars $199,541.74 $223,404.26 $23,862.52
Other $21,599.12 $49,570.82 $27,971.70
Service Related $61,753.95 $76,411.05 $14,657.10
Liquor Stores $48,965.56 $76,895.96 $27,930.40
E-Commerce Retail $82,430.93 $82,762.20 $331.27
Manufacturing/Wholesale $50,470.48 $125,589.15 $75,118.67
Construction Related Services $64,361.92 $111,616.37 $47,254.45
Digital Media Suppliers/Sellers $26,221.92 $21,217.06 ($5,004.86)
Commercial/Industrial Equipment $18,949.49 $29,199.70 $10,250.21
Special Events $0.00 $0.00 $0.00
TOTAL $1,734,151.62 $1,997,805.03 $263,653.41
Page 2 of 9
Sales Tax: December 2022 Budget v Actual Collections: December 2022 sales tax revenues totaled $1,997,805. This is an increase of $128,104 over the December 2022 estimates of $1,869,700. This is 6.85% above the adopted 2022 budget (based on a 3-year average).
DECEMBER 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
December $1,869,700.52 $1,997,805.03 $128,104.51 6.85%
1,264,626.23 1,460,062.64 1,496,576.53 1,734,151.62 1,997,805.03
15.45%2.50%
15.87%
15.20%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
$1,700,000
$1,900,000
$2,100,000
2018 2019 2020 2021 2022
2018-2022 December Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – December 2022: Accommodation tax revenues totaled $340,130 for the month of December. This is a decrease of $41,504 or (10.88%) compared to December 2021 accommodation tax revenues, which totaled $381,635. Accommodation tax collections by industry type for December 2022 compared to December 2021 reported a decrease for Time Shares, Hotels and Vacation Rentals.
DECEMBER 2021 v DECEMBER 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY
December 2021 December 2022 Increase/(Decrease)
Timeshares $60,630.58 $35,654.95 ($24,975.63)
Hotels $145,386.87 $140,826.84 ($4,560.03)
Vacation Rentals $175,617.57 $163,648.37 ($11,969.20)
TOTAL $381,635.02 $340,130.16 ($41,504.86)
December 2022 Budget v Actual Collections: December 2022 accommodation tax revenues totaled $340,130. This is a decrease of $74,591 over the December 2022 estimates of $414,721. This is (17.99%) under the adopted 2022 budget (based on a 3-year average).
DECEMBER 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
December $414,721.70 $340,130.16 ($74,591.54) (17.99%)
185,009 219,964 192,249 381,635 340,130
18.8…
-12.60%
98.51%
-10.88%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2018 2019 2020 2021 2022
2018-2022 December Accommodation Tax
Revenue Trend
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Short Term Rental Tax: Revenues – December 2022: STR Tax for Community Housing totaled $156,645.66 for the month of December. There are no previous period revenues for comparison. The amount of STR Tax for Community Housing revenues collected year-to-date compared to the annual budget of $750,000 represents 149.69%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
DECEMBER 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY
December 2022
Timeshares $17,827.48
Hotels $59,095.35
Vacation Rentals $79,722.83
TOTAL $156,645.66
Tobacco & Cigarette Tax: Revenues – December 2022: Tobacco tax revenues totaled $35,847 and cigarette tax revenues totaled $24,417 for December 2022. Compared to December 2021 revenues, this is an increase of $6,890 for tobacco tax revenues, which totaled $31,158 and an increase of $1,569 for cigarette tax revenues, which totaled $22,848.
12,560 27,733 31,159 35,848
120.81%
12.35%
15.05%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2019 2020 2021 2022
2019-2022 December Tobacco Tax Revenue
Trend
Page 5 of 9
December 2022 Adopted Budget v Actual Collections: December 2022 tobacco and cigarette tax revenues totaled $35,847 and $24,417, respectively. This is an increase of $3,075, over the December 2022 budget for tobacco tax, which is $32,772 and an increase of $1901 over the December 2022 budget for cigarette tax estimates, which is $22,515 which is based on a 3-year average.
DECEMBER 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Tobacco $32,772.24 $35,847.62 $3,075.38 9.38%
Cigarettes $22,515.70 $24,417.42 $1901.72 8.45%
Total $4,977.10
16,158 23,613 22,848 24,417
46.14%
-3.24%
6.87%
-
5,000
10,000
15,000
20,000
25,000
30,000
2019 2020 2021 2022
2019-2022 December Cigarette Excise Tax
Revenue Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – January 2023: January 2023 real estate transfer tax totaled $309,001. Compared to January 2022, which totaled $153,012, this is an increase of $155,989. This is an increase of $76,064 over the January 2023 budget which was based on a 3-year average.
JANUARY 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $232,936.42 $309,001.12 $76,064.70 32.65%
$72,520 $179,670 $219,256 $153,012 $309,001
147.75%
22.03%
-30.21%
101.95%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
2019 2020 2021 2022 2023
Real Estate Transfer Tax January Revenue Trends
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Recreation Center Fees: Revenues – January 2023 Admissions & Program Fees: Recreation admission revenues for January 2023 totaled $103,071 an increase of $26,474 compared to January 2022 which totaled $76,596. This is $16,749 above the adopted 2023 budget estimates of $86,321. Recreation program fee revenues for January 2023 totaled $36,043. This is an increase of $15,235 compared to 2022, which totaled $20,807. This is $6,410 above the adopted 2023 budget estimates, which is $29,632 which is calculated based on a 3-year average.
$26,096 $27,872 $20,005 $26,765 $36,043
6.81%
-28.23%
33.79%
34.66%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2019 2020 2021 2022 2023
Recreation Program Fees January Revenue
Trends
72,982 79,232 28,279 76,597 103,071
8.56%
-64.31%
170.86%
34.56%
-
20,000
40,000
60,000
80,000
100,000
120,000
2019 2020 2021 2022 2023
Recreation Admissions January Revenue Trends
Page 8 of 9
Tax Revenue Comparison – 2021 v 2022: All revenues except for Cigarette tax and RETT are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and percentage variance.
Adopted Budget 2022 v Actual 2022: All revenues except for Accommodations tax, Cigarette tax and Recreation Program Fees reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and percentage variance.
2021 v 2022 Year-to-Date Revenue Comparison
2021 YTD 2022 YTD Dollar Variance Percentage
Variance
Sales Tax $11,445,028.61 $12,992,141.87 $1,547,113.26 13.52%
Acc. Tax $2,213,304.14 $2,494,461.49 $281,157.35 12.70%
Tobacco Tax $301,631.03 $348,931.52 $47,300.49 15.68%
Cigarette Tax $258,572.76 $249,098.31 ($9,474.45) (3.66%)
RETT $7,086,102.37 $5,766,046.08 ($1,320,056.29) (18.63%)
Rec Admissions $786,464.97 $1,130,236.47 $343,771.50 43.71%
Rec Program Fees $318,454.64 $338,313.61 $19,858.97 6.24%
2022 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $11,810,245.00 $12,992,141.87 $1,181,896.87 10.01%
Acc. Tax $2,567,864.00 $2,494,461.49 ($73,402.51) (2.86%)
STR Tax for CH $750,000.00 $1,122,658.97 $372,658.97 49.69%
Tobacco Tax $300,000.00 $348,931.52 $48,931.52 16.31%
Cigarette Tax $255,000.00 $249,098.31 ($5,901.69) (2.31%)
RETT $3,300,000.00 $5,766,046.08 $2,466,046.08 74.73%
Rec Admissions $750,000.00 $1,130,236.47 $343,771.50 50.70%
Rec Program Fees $403,893.00 $338,313.61 ($65,579.39) -16.24%
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EXPENDITURES: JANUARY 2023 General Fund YTD Actuals v 2023 Budget: General Fund expenditures through January 2023 total $1,499,704 which is 6.24% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through January 2023 total $110,618.21 which is 2.96% of the total adopted budget. These expenditures include cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through January 2023 total $79,396 which is 2.67% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through January 2023 total $39,610 which is 0.22% of the total adopted budget. These expenditures were made up of primary design fees for the month.
Thank you,
Dean
(970) 748-4001 mjauregui@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Miguel Jauregui Casanueva, Town Clerk
RE: Gift Reporting and Disclosure
CAST Complimentary Steamboat Ski Resort Passes
DATE: February 22, 2023
SUMMARY: The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value.
“Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess
of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall
report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town
Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town
Code of Ethics.
In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon
Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by the Town of Avon, I, Miguel Jauregui Casanueva, Town Clerk
for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of
Avon:
CAST (Colorado Association of Ski Towns) Complimentary Steamboat Ski Passes – Three (3)
complimentary ski passes with a total value of $250 each, to attend the CAST Meeting held on the
mountain at the Steamboat Ski Resort. Mayor Pro Tem Underwood received two passes and Town
Manager Eric Heil received one pass.
Town Council is not required to take any action; however, any Town Council member may request Council
deliberation of a report gift to determine whether such gift constitutes a conflict of interest. Council
members who are the recipient of a gift shall not vote on whether such gift constitutes a conflict of interest
unless such gift is offered to Council as a whole.
Submitted to the Avon Town Council on February 22, 2023.
Miguel Jauregui Casanueva, Town Clerk
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Bi-monthly Sustainability Updates DATE: February 23, 2023
SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives in January and February 2023. No action is required by Council.
BACKGROUND: At the Budget Retreat on October 28, 2022, Council approved the 2023 Climate Action & Sustainability Programs (ATTACHMENT A) which consisted of 15 official goals. Staff has been consistently working on these goals, as well as advancing other sustainability projects that are important parts of the Town of Avon’s overall sustainability effort. All of these goals and projects are listed in the table below with their respective progress updates. It is important to recognize that the progress we have made is the result of the collaborative efforts of many TOA staff members across departments.
SUSTAINABILITY UPDATES:
2023 Goals and Programs What this goal accomplishes Progress January – February 2023
1. Building Benchmarking
Understand Building Benchmarking programs & establish Town of Avon’s own program.
• Compiling utility, energy use, meter and GIS data for all Town of Avon buildings.
• Working with regional partners and the Colorado Energy Office to stay updated on the State Benchmarking Program and how it impacts Avon.
2. Recycling Ordinance & accompanying educational campaign
Implement Ordinance 22-13 • Created the Avon Sustainability logo through this effort.
• Launched the “Recycling Together” campaign on January 30.
• Continuing to work with regional partners to increase the reach of our digital-only campaign.
• A separate update was provided for Council on Feb 14, 2023.
3. Sustainability Education & Marketing
Increase awareness, support and implementation of Sustainability programs and policies
• Working on a social media plan for sustainability content in two categories: evergreen content and date-sensitive content.
• Working on website content to provide digestible and easy-to-read educational content for all our sustainability and climate initiatives for the public.
• Developing an in-house video strategy to produce multimedia educational content.
4. Avon GHG inventory Identify the possible extent of Avon’s GHG baseline in order to measure GHG reduction and effectiveness of Climate Action programs and policies
• Reviewed proposals from 3 consultants and interviewed 2 with positive outcome. We are prepared to move forward with them for different tasks within this goal.
• The Avon GHG baseline is expected to be completed within this year.
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5. Fleet Conversion to Electric and Hybrid Vehicles
Reduces GHG emissions from Avon’s fleet
• Compiled a 5-year EV transition plan.
• Working on cost analysis and GHG effects.
• Council work session planned for March 28, 2023.
6. E-Bike Incentive Program
Promote increased use of e-bikes • A renewed e-bike reimbursement policy was introduced as a part of the Sustainable Transportation Policy for Town of Avon employees, which rolled out on Feb 6, 2023.
• Council work session planned for March 14, 2023.
7. Research Net Zero Communities
Understand the lifestyle, regulations, and investments of Net Zero Communities
• Researched and compiled information on Net Zero Communities from around the world.
• Presented to Council and PZC on Feb 14, 2023.
8. Climate Action Investment Matrix
Assists with understanding return on investment for Climate Action programs
• Continuing to track our growing climate action investments and results.
• Communicated with a consultant to improve our practices and staff training on this topic.
9. Vehicle Idling Prevention Education
Promote awareness and support to minimize vehicle idling
• Launched and implemented a 10-week anti-idling social media campaign from November 2022 to January 2023.
• Planning to communicate with stores and restaurants in Avon town core to add signs in their parking space regarding anti-idling.
10. Develop a program to promote electrification and reduction of energy use of existing buildings
Break down the inventory of all buildings in order to make appropriate recommendation for electrification based on benchmarking data. This contributes to the Net Zero Housing goal.
• Researching electrification roadmap and programs.
• Identified the Aspens as an ideal place to begin electrification in our communities.
• The actual progress is tied to the progress of the Avon benchmarking program (Goal 1).
• Holy Cross CEO Bryan Hannegan is scheduled to speak to Council about the 100% renewable energy by 2030 plan and the capacity of the electricity grid on March 28, 2023.
11. Double PuRE registration rate
Involve more Avon residents and businesses to use renewable energy, which contributes to the Net Zero Housing goal.
• Determined existing number of PuRE registrants in Avon and identify target for end of 2023.
• Co-arranged a community event with Holy Cross to promote PuRE and other electrification projects in March 2023. Official announcement will be made soon.
• Planning more PuRE promotional events in the summer.
12. Sustainability Marketing Program
Improve community wide awareness and support for
• Restructured the Sustainability section on the Avon.org website so it’s easier to find. (Department Sustainability)
• Added extra pages and content to support the Recycling Together education campaign.
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sustainability goals and programs • Continuing to build out the website for other sustainability initiatives.
• Working on compiling a contact list for multi-family HOAs.
• Working with existing and new community partners to spread the reach of our sustainability initiatives.
13. Biochar Pilot Project
Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024.
• Collected Christmas trees from Avon residents from December 2022 to February 2023. These trees will be used for the Biochar Pilot Project.
• Compiling research on how the conduct pilot project successfully and safely.
• The Climate Action Collaborative is applying for NREL’s Waste to Energy Technical Assistance Program which offers 40 hours of free community-specific consulting related to waste to energy climate solutions. Avon is expecting to receive consulting on biochar through this initiative.
14. Composting Program
Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024.
• Drafted a pilot program that aims to provide a 2-year turnkey composting solution for Avon restaurants.
• Actively seeking grant opportunities for this pilot program.
• Meeting with composting haulers and producers to understand more about the operation.
• Communicating with Vail and Beaver Creek to join as partners.
• Researching alternative methods of composting other than Open Air Windrow composting.
15. Long Range Planning for Micro-Transit
Identify alternatives to traditional transit that can serve communities not on existing transit lines and which reduces single occupancy vehicle trips
• Planning to begin this after the busy winter season at the Mobility department.
Other Sustainability Projects & Updates
Sustainability Projects What this project accomplishes
Progress January – February 2023
1. Employee Carpool Program
Understand Building Benchmarking programs & establish Town of Avon’s own program.
• Launched a new Sustainable Transportation Policy for Town of Avon employees on Feb 6, 2023. This policy includes employee carpool mileage reimbursement.
• A detailed report and the policy were provided to Council on Feb 14, 2023.
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2. Sustainability for National Night Out and other PD events
Make sure that sustainability efforts and the Recycling Ordinance is implemented in all public-facing Avon activities.
• Sustainability and Special Events staff have compiled the necessary resources and shared with PD at the beginning of February 2023.
3. Recycling curriculum for elementary school and summer camps
Make sure that the Recycling Ordinance is implemented in all public-facing Avon activities.
• The current efforts in the Recycling Together campaign will carry over to this project within the timeline that works for the summer camps.
5. Sustainability grants program Establish a consistent and comprehensive grants program to advance climate action across departments.
• Town of Avon has been working with Sustainable Strategies to identify and pursue grant opportunities in various categories.
• Grants applied for and actively working on in Jan-Feb 2023: o CWCB Irrigation System Project
o CDPHE RREO Recycling Grant o GOCO Community Impact
6. Net Zero Building Expo Share expertise on Net Zero development with the Eagle County community.
• The next Net Zero Building Expo has been planned to be on April 6, 2024 in order to match with the schedules of contractors and developers and encourage their attendance.
7. Recycling video for Avon events Promote recycling knowledge and awareness to all visitors and locals that attend Avon events.
• The video production is in its final stages.
Thank you, Charlotte
ATTACHMENT A: Report - Budget Retreat: Climate Action & Sustainability Program
970-748-4083 clin@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator and Eric Heil, Town Manager RE: Budget Retreat: Climate Action & Sustainability Programs DATE: October 21, 2022
SUMMARY: This report presents the proposed budget for the Town of Avon sustainability goals and programs in 2023. Council provided direction in early 2022 that all Climate Action goals should be a Tier 1 priority for immediate focus. Town of Avon created the position Sustainability Coordinator in early 2022 to provide dedicated staffing to coordinate overall Climate Action goals and programs and to provide dedicated Staff focus on specific Sustainability goals and programs. The proposed Sustainability budget includes an increase from $20,300 in 2022 to $70,771 in 2023 to support the activities of the Sustainability Coordinator. Some existing expenses were moved into this Sustainability Budget. Many other expenses to Sustainability reside in other Departments (e.g. electric bus purchases in Mobility, debris flow hazard mitigation in Capital Improvements, etc.). The proposed 2023 Sustainability budget is a rough estimate of costs for certain activities. Many of these goals and programs are new, therefore, we expect actual costs to be refined as these programs are further developed. The expectation is that Staff will periodically update Council on all Sustainability goals and projects throughout the year.
BACKGROUND: Sustainability programs are considered as activities that include Climate Action, Water Quality and Water Conservation and Resiliency. “Climate Action” is specifically focused on reducing greenhouse gas (“GHG”) emissions. Resiliency includes hazard mitigation and improvements to infrastructure to better withstand natural hazard events. An overview of proposed Climate Action strategies is set forth in the table on the following pages. Many of these strategies are multi-year and inter-departmental. The goals and programs for sustainability will involve Staff time beyond the Sustainability Coordinator, including General Government, the General Government Intern, Community Development, Fleet, Mobility and Operations.
2023 Sustainability Budget
Books and Education $ 1,000
Feasibility Study for Composting $ 5,000
Printed Educational Materials (Recycling, Climate Action and other sustainability efforts) $15,000
Development of Marketing Content $12,500
Memberships (Actively Green, International Council for Local Environment, Recycle Colorado) $ 3,050
Events (PuRE Sign-Up, Sustainability Workshops) $10,000
Advertising $ 8,860
Eagle River Watershed Council $ 7,000
Video Production $ 6,600
Miscellaneous $ 1,761
TOTAL $70,771
Thank you, Charlotte and Eric
ATTACHMENT A
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2023 Goals and Programs What this goal accomplishes Simplified Work Plan in 2023 Financial Consideration
Building Benchmarking Understand Building Benchmarking programs
• Research and monitor State and municipal building benchmarking programs
• Report on lessons learned from initial implementation
• Determine goals and purpose for any local building benchmarking program
• Develop recommendations for Avon
Internal Staff work, no additional financial cost
Recycling Ordinance Implement Ordinance 22-13 • Create information materials and conduct community outreach on requirements of Ord 22-13 to achieve implementation and compliance by Nov 1, 2023
Internal Staff work, design and printing of educational materials
Sustainability Education & Marketing
Increase awareness, support and implementation of Sustainability programs and policies
• Develop and implement education materials and programs for Staff and for Avon community
• Establish a robust marketing and communication workflow for all sustainability education.
Staff to implement, cost of marketing included in sustainability marketing budget. More marketing budget ($5-10k; not in Attachment A) may be needed to reconstruct our websites.
Avon GHG inventory Identify the possible extent of Avon’s GHG baseline in order to measure GHG reduction and effectiveness of Climate Action programs and policies
• Engage consultant to develop Avon baseline. Budget proposed for consultant $10K – $15K (not included in Attachment A)
Fleet Conversion to Electric and Hybrid Vehicles
Reduces green house gas emissions from Avon’s fleet
• Continue to purchase electric and hybrid vehicles
Staff to implement, no additional financial cost other than electric vehicles may be more expensive than comparable fossil fuel and hybrid vehicles.
E-Bike Incentive Program Promote increased use of e-bikes • Application process and administration is already
Staff to support administration,
Page 3 of 4
established. Council direction on eligibility is required appropriation of funds for rebates
Research Net Zero Communities Understand the lifestyle, regulations, and investments of Net Zero Communities
• Research and compile information on Net Zero Communities, prepare presentation to Council
Staff to implement, no appropriation required
Climate Action Investment Matrix Assists with understanding return on investment for Climate Action programs
• Prepare and present Climate Action Investment Matrix in a format that can be regularly updated to reflect new investments
Staff to implement, no appropriation required
Vehicle Idling Prevention Education
Promote awareness and support to minimize vehicle idling
• Prepare and implement educational materials to reduce vehicle idling
Staff to implement, cost of marketing included in sustainability marketing budget.
Develop a program to promote electrification and reduction of energy use of existing buildings
Break down the inventory of all buildings in order to make appropriate recommendation for electrification based on benchmarking data. This contributes to the Net Zero Housing goal.
• Research programs in other communities to promote and implement energy reduction through electrification and building improvements
• Research potential grants for building electrification and energy reduction
• Development and propose program to promote electrification and energy reduction of existing buildings
Collaborative effort between Sustainability and Community Development
Grant Funding: Resilient and Efficient Codes Implementation (RECI)
Staff to implement; no extra cost in 2023.
Double PuRE registration rate Involve more Avon residents and businesses to use renewable energy, which contributes to the Net Zero Housing goal.
• Determine existing number of PuRE registrants in Avon and identify target for end of 2023.
• Design and launch a PuRE promotion campaign. Collaborate with Holy Cross on the promotion.
• Conduct PuRE sign-up events to promote awareness and participation
Sustainability Staff; assistance from Gen Gov Intern, $5,000 to support sign-up events
Sustainability Marketing Program
Improve community wide awareness and support for sustainability goals and programs
• Develop a consistent content plan for social media, monthly newsletters and local media outlets such as the Vail Daily and radio stations.
Staff to administer, costs included in marketing
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Biochar Pilot Project Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024.
• Create 3-10 cubic yards of biochar as a pilot project, apply in 2-4 identified landscape areas
• Research labs that can analyze and evaluate biochar quality and how effective the biochar is working.
• Research long-term and Town-scale implementation of biochar.
Nominal cost for pilot project. Staff can execute in-house.
Composting Program Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024.
• Review local and peer community composting programs.
• Review service and potential programs with local waste haulers.
• Evaluate options for a local composting operation to serve Avon versus a regional composting operation.
• Prepare a concept composting program for Avon businesses with a focus on restaurants.
• Conduct community outreach with residential users, restaurants and other Avon businesses to identify support and barriers to a community wide composting program
Sustainability Staff, Gen Gov Intern. Feasibility study budgeted $5,000.
Long Range Planning for Micro-Transit
Identify alternatives to traditional transit that can serve communities not on existing transit lines and which reduces single occupancy vehicle trips
• Mobility will solicit and review proposals from micro-transit providers and assist with identifying areas that may be potentially served with micro-transit
Mobility Division will lead effort to research potential micro-transit service in Avon
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager RE: Summary updates on Grants Opportunities DATE: February 24, 2023
SUMMARY: Town Council is provided Attachment A which depicts a summary of grant opportunities staff has been exploring in recent months. The report is informational only and no formal action is required.
BACKGROUND: The Town Manager’s Office has prioritized developing and implementing a more formal program for grant administration that would seek to obtain federal, state, and local funding for town wide projects. Town of Avon contracts with Sustainable Strategies (S2), a government affairs and strategic consulting firm based in Washington, DC, and Denver, CO, for grant searching and administration services (full-service grant writing). The consulting firm helps local governments secure resources for community projects that will revitalize, sustain and keep communities resilient. Town staff meets monthly, and on an as needed basis, with S2 representatives Ashley Badesch, Partner and Debra Figueroa, Principal, to review grant opportunities and determine which ones to pursues based on town priorities and ability to compete.
GRANT UPDATE: In summary, there are ten grant opportunities town staff and S2 (the team) are discussing, some of which have already been awarded (No. 1) and submitted (Nos. 2-5). Town Council will consider Resolution No. 23-02 during the meeting supporting the town’s application for the Community Impact Funds offered by Great Outdoors Colorado; the deadline for the final application submittal is March 20. The team is actively discussing several projects that would meet the Congressionally Directed Spending FY 24 (earmark funding) with numbers 8 through 10; deadline is March 10. Additional town projects are listed on page two as the team continues to identify the appropriate state or federal grant opportunities.
FINANCIAL CONSIDERATIONS: The 2023 budget includes monies to support the arrangement (retainer services) for grant administration with S2. Additional funding may be needed as grants are awarded to the town and would be brought forward with future supplemental budget requests.
Thank you, Patty
ATTACHMENT A: Summary of Federal and State Grant Opportunities
Town of Avon, ColoradoFederal and State Grant Opportunities2/24/2023
Grant Name Funding Agency Type Purpose TOA Funds Requested Matching Funds Notice of Intent Application Deadline Support Letters Submittal Date Decision Timeline
1 Off Highway Vehicle Trail Maintenance Grant Colorado Parks & Wildlife state Maintenance for USFS 779 Road Improvements $ 40,000 NA NA completed NA NA FUNDED 2023
2 Recycling Resources Economic Opportunity (RREO)Colorado Department of Public Health and Environment state TOA Recycling Center lot upgrades & purchase cardboard and styrofoam compactors (first in Eagle County) $ 197,000 NA NA 1/5/2023 Eagle County & Town of Vail 1/5/2023 week of Feb 27
3 FEMA - Hazard Mitigation Assistance FEMA Flood Mitigation on Nottingham Road and West Beaver Creek Blvd $ 1,875,996 93,800 Yes 13-Jan-23 Town of Avon 13-Jan-23 Feb-23
4 Building Resiliant Infrastructure and Communities FEMA Flood Mitigation on Nottingham Road and West Beaver Creek Blvd $ 1,875,996 93,800 Yes 14-Feb-23 Town of Avon 2/14/2023 Feb-23
5 Colorado Water Plan Grants Colorado Water Conservation Board state Town of Avon’s Benchmark Reservoir Conservation Project - Design Phase for New Irrigation System and Demonstration Gardens in Harry A. Nottingham Park
$ 60,000 $20,000 NA submitted Nov 2022 Colorado Basin Roundtable NWCCOG QQ
12/1/2022 Mar-23
6 Community Impact Fund - third cycle grant request Great Outdoors Colorado (GOCO) Dan Omasta
state Avon to Revitalize Eaglebend Pocket Park$150K cash ; $45K in kind $ 325,000 $150,000 cash$45K in-kind NA 3/20/2023 Pending concept approved; final application due March 10
Jun-23
7 Urban Agriculture and Innovative Production USDA federal Launch a regional, industrial composting initiative with the Town of Avon leading the effort to reach a higher level of waste diversion and to reduce greenhouse gas emissions. The grant would allow Avon to coordinate a program to provide turnkey composting solutions at no charge for local restaurants in the Colorado mountain resort destinations of Avon, Beaver Creek, Vail, Minturn, and broader areas of Eagle County
$ 1,500,000 NA 12/15/2022 ask:TOV, EGE, BCMD, EVMD ??
APPLICATION DUE AUGUST 2023
?
8 Congressionally Directed Spending FY 24 (CDS aka Earmarks)Congressional Offices Request Funding for Projects federal Eagle County Regional First Responders Reporting Technology Enhancements and Uprades * a regional effort to support technology enhancements for emergency, police and jail services that support multiple agencies and Eagle County jurisdictions
TBD TBD NA 3/10/2023 Town of Avon & Town of Vail March 10 Fall 2023
9 Congressionally Directed Spending FY 24 (CDS aka Earmarks)Congressional Offices Request Funding for Projects federal Early Childhood Education Facility (Planning Area E) * student capacity est. 150-180 * employee housing included (20-24 units)
TBD TBD NA 3/10/2023 Town of Avon ??March 10 Fall 2023
10 Congressionally Directed Spending FY 24 (CDS aka Earmarks)Congressional Offices Request Funding for Projects(Highway or Transit Infrastructure)
federal Stonebridge Drive & Highway 6 Roundabout Project TBD TBD NA 3/10/2023 Town of Avon ??March 10 Fall 2023
ACTIVE AND POTENTIAL GRANT APPLICATIONS
Subject to Change 1 of 2
Town of Avon, ColoradoFederal and State Grant Opportunities2/24/2023
Grant Name Funding Agency Type Purpose TOA Funds Requested Matching Funds Notice of Intent Application Deadline Support Letters Submittal Date Decision Timeline
1 Community Facilities Direct Loan & Grant Program USDA federal PW Facility TBD TBD TBD TBD TBD TBD TBD
2 Highway Infrastructure Projects DOT federal earmark Fleet Facility Upgrades TBD TBD TBD TBD TBD TBD TBD
3 Transit Infrastructure Grants DOT federal earmark Electric Buses (EVTA) TBD TBD TBD TBD TBD TBD TBD
4 Community Development Fund Grants HUD federal earmark Early Childhood Education Facility (VVF & Eagle County Partners) TBD TBD TBD TBD TBD TBD TBD
5 Community Development Fund Grants HUD Lot 5 Housing (EVTA Workforce Housing) TBD TBD TBD TBD TBD TBD TBD
6 NEED TO IDENTIFY Wildridge Emergency Access June Creek Trail Project TBD TBD TBD TBD TBD TBD TBD
7 Urban Agriculture and Innovative Production USDA federal Composting infrastructure TBD TBD TBD TBD TBD TBD TBD
OTHER GRANT OPPORTUNITIES AND TOA PROJECTS
Subject to Change 2 of 2