Loading...
TC Council Packet 09-23-2003STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD SEPTEMBER 23, 2003, AT 3:45 PM TO BE HELD AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:45 PM - 4:15 PM 4:15 PM - 4:30 PM 4:30 PM - 4:45 PM 4:45 PM - 5:00 PM 5:00 PM - 5:25 PM 1) Council Committee Updates ECO Update (Councilor Wolfe) Other (Mayor Pro Tern McDevitt) 2) Summer Air Program (Kent Myers) 3) Cost of Community Services Study (Ruth Borne) 4) Tractor Trailer Traffic on Metcalf Road (Jeff Layman) 5) Staff Updates - Community Development (Ruth Borne) Other (Larry Brooks) Council Questions Consent Agenda Questions AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS OPEN TO THE PUBLIC. TOWN AvrN OLORADO BY: ?- Patt? M Kenny Town lerk Estimated times for each agenda item are shown for informational purposes only, And subject to change without notice. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 19, 2003: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Town Clerk\CouncMAgendas\2003Wvon Council Meeting-03.09.23 FINANCIAL MATTERS September 23, 2003 1. Detail-Building Permit Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed: 9/16/2003 For: August, 2003 Page 1 of 3 Permit Purpose: Public: # of Bldgs: Private: 3 # of Bldgs Construction Value: $.00 # of Units: Permit Charges: $.00 Construction Value: $14,500.00 # of Units: Permit Charges: $786.34 Permit Purpose: Expand SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $12,000.00 # of Bldgs: # of Units: Permit Charges: $395.26 Permit Purpose: New MF Residential Permit Tally Printed: 9/16/2003 For: August, 2003 Page 2of 3 Permit Purpose: New MF Residential Public: # of Bldgs: # of Units: Private: 2 # of Bldgs: # of Units: Construction Value: $.00 Permit Charges: Construction Value: $700,000.00 Permit Charges: $.00 $7,793.00 Permit Purpose: Repair/Remodel Comm/Indust Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $71,890.00 # of Bldgs: # of Units: Permit Charges: $1,279.59 Permit Purpose: Repair/Remodel SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $45,000.00 # of Bldgs: # of Units: Permit Charges: $770.18 Permit Purpose: Tenant Finish Permit Tally Printed: 9/16/2003 For: August, 2003 Page 3 of 3 Permit Purpose: Tenant Finish Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $63,500.00 # of Bldgs: # of Units: Permit Charges: $1,712.24 Totals: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 14 Construction Value: $906,890.00 # of Bldgs: # of Units: Permit Charges: $12,736.61 Town of Avon Real Estate Transfer Tax Transact ions Calendar Year 2003 Aug-03 Purchaser Amount of RETT Name Property Received July Balance Forward $953,866.56 Holiday Christie Lodge Timeshare $1.20 Holiday Christie Lodge Timeshare $8.10 Holiday Christie Lodge Timeshare $1.60 Holiday Christie Lodge Timeshare $60.00 Title Comp Rockies Christie Lodge Timeshare $339.20 Norris W. Keith Falcon Point Timeshare $15.00 Holiday Falcon Point Timeshare $84.00 Title Comp Rockies Mtn. Vista # 03-33 $4,128.70 Title Comp Rockies Mtn. Vista # 03-32 $4,015.92 Title Comp Rockies Mtn. Vista # 03-31 $4,228.80 Title Comp Rockies Mtn. Vista # 03-30 $6,291.32 Title Comp Rockies Lakeside Terrace $399.90 Title Comp Rockies Lakeside Terrace $449.90 Title Comp Rockies Lakeside Terrace $399.90 Campbell Property 1 LLC Vail Avon Comm Park # 2NE $3,300.00 Kellogg, Patricia Avon crossing # 4203 $1,250.00 Blackwood D. Titus Canyon Run Condo # A-102 $7,700.00 Aichael, Erice & Angel, Arbelo Season @ Avon # 320 $2,200.00 Dorholt, Mary The Seasons # 307 $4,900.00 Castameda, Jose Sunridge II E-102 $2,500.00 Hopewood, Frederick & Rae-Ann Bristorl Pines Townhomes #22 $1,270.00 Fitz, Michael Avon Center @ B.C. 1-407 $4,100.00 Harring, Tedra Avon Center @ B.C.708 $4,600.00 Garton, Shannon Lodge @ Brookside 306 $4,200.00 Glut Edward, & Glutova, Katarina Falcon Townhomes A $3,300.00 Graham, Daryl & Wyatt Donna Wildcat Ridge Townhome #6 $7,100.00 Weaver, William & Kaethe Lot 40 Mtn. Star $80,000.00 Kogan, Mark & Elizabeth Lot 39 Mtn. Star $28,125.00 Donahugh, James & Debra Lot 12 Mtn. Star $19,050.00 Romsa, Scott Lot 2 Blk 2 Wildridge $6,500.00 Reiss, Steven & Elsa Lot 7 Blk 3 Wildridge $9,400.00 Matsen, Philip Lot 24 Blk 1 Wildridge $3,890.00 Clurman, Andrew & Claire Lot 36 B Blk 4 Wildridge $9,500.00 Jhawk LLC Lot 75 Blk 1 Wildridge $2,740.00 $1,179,915.10 Total through -----August $226,048.54 Total through -----July $953,866.56 Receipts $727,818.02 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1999 98'-99% 2000 99'-00'% 2001 00'-01'% 2002 01'-02'% 2003 02'-03'% Total5-Yr Change Change Change Change Change % Increase January $ 41,102.99 4.44% $ 24,753.92 -39.78% $ 35,913.75 45.08% $ 33,569.05 -6.53% $ 33,098.93 -1.40% -14.71% February 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% 46,317.21 13.28% -4.40% March 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 71,438.85 26.73% 10.46% April 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 12,536.40 3.16% 12,755.91 1.75% -7.53% May 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% 8,424.93 24.83% 4,077.14 -51.61% 46.19% June 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% 13,301.20 -14.90% 15,501.57 16.54% 5.49% July 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% 21,435.73 -5.02% 19,458.30 -9.22% 2.83% August 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% 17,483.54 -12.03% - -100.00% -23.57% September 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% 13,041.26 -0.14% -100.00% 15.80% October 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% 9,998.17 41.51% -100.00% 20.23% November 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% 10,582.27 39.38% -100.00% -2.14% December 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% 32,498.49 8.46% -100.00% -0.32% YTD Total $ 241,419.70 -11.18% $ 234,142.22 -3.01% $ 268,141.88 14.52% $ 270,131.44 0.74% $ 202,647.91 8.64% -0.62% YTD Through July Collections 1999-2003 $200,000 -. Y' $180,000 - lit" $160,000 ?.: , x _ r s r tt $140,000 $120,000 a. $100,000 $80 000 , $60,000 $40,000 i ! y . • r of ,r t ? r ! $20,000 $ ' '?, g? ! xi , ut `Q W i 1999 2000 2001 2002 2003 Year Monthly Collections for July 1999-2003 $23,000 - srx+ $22,500 $21,500 ; WE , $21,000 ' tz r fy. $20,500 $20,000 $19,500 a 0 00 $19, 500 $18 ! 1 , $18,000 rz $17 500 -? _ , 1 999 2000 2001 2002 2003 i Year Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Ruth Borne - Community Development Director Tambi Katieb - Community Development Plannw; Date September 17, 2003 Re: Cost of Community Services Study Discussion Summary In early 2003, the Community Development Department commissioned former employee Eric Johnson to conduct a Cost of Community Services study (COCS) as part of his Master in Public Administration advanced project requirement. The COCS study is a basic tool utilized by a number of jurisdictions over the last ten years that reviews the revenues and expenditures of a municipality. The study allocates those funds to the respective land uses that either create the revenues or benefit from the provision of public services. The final product of the study is a ratio for each type of land use in the community that juxtaposes the revenues generated against the cost of providing public services for each different type of land use. In very basic terms, the study identifies the fiscal efficiency (cost) of public service delivery per land use type. Community Development staff, Finance, and Engineering worked with the author to craft some of the basic assumptions at the outset. While only a one-year `snapshot', the results of the study indicate that the Town spends more in providing public services than it is generating in revenue for residential areas. While this is not an atypical result of any COCS study, it does reinforce several basic planning principles and results in several recommendations which will be further explored during the Comprehensive Plan update. Town Manager Comme Attachments: 1 - "The Cost of Community Services in the Town of Avon, Colorado: An Exploration of the Economic Impacts of Land Use". Memo to Town Council, September 17, 2003 Page 1 of 1 Re: Cost of Community Services Study 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i 1 1 i i THE COST OF COMMUNITY SERVICES IN THE TOWN OF AVON, COLORADO: AN EXPLORATON OF THE ECONOMIC IMPACTS OF LAND USE Eric Johnson PAD 5361 - Advanced Seminar Professor: Dr. R. Gage, UCD GSPA Faculty Reader: Dr. C. Martell, UCD GSPA Client Reader: T. Katieb, Town of Avon Submitted May 29, 2003 THE COST OF COMMUNITY SERVICES IN THE TOWN OF AVON, COLORADO: AN EXPLORATON OF THE ECONOMIC IMPACTS OF LAND USE Eric Johnson PAD 5361 -Advanced Seminar Professor: Dr. R. Gage, UCD GSPA Faculty Reader: Dr. C. Martell, UCD GSPA Client Reader: T. Katieb, Town of Avon Submitted May 29, 2003 CONTENTS Table of Contents Page ii Executive Summary Pages iii-v Introduction Pages 1-3 Methodology Pages 4-6 Findings Pages 7-14 Discussion Pages 15-17 Recommendations Pages 18-20 Appendices Pages 21-36 Appendix A - Client and Study Resources Page 22 Appendix B - Assessed Valuation Spreadsheet Page 23 Appendix C - Revenue Allocation Spreadsheet Pages 24-27 Appendix D - Expenditure Allocation Spreadsheet Pages 28-31 Appendix E - Alternative Expenditure Allocation Spreadsheet Pages 32-35 Appendix F - Town of Avon: Primary Land Use Categories Page 36 LIST OF TABLES Table 1: Avon Assessed Valuation and Parcels by Land Use Summary Page iii Table 2: COCS Ratios by Land Use Page iv Table 3: Avon Assessed Valuation and Parcels by Land Use Page 7 Table 4: Total Avon Revenues by Category Page 8 Table 5: Total Avon Revenues by Land Use Page 10 Table 6: Total Avon Expenditures by Category Page 12 Table 7: Total Avon Expenditures by Land Use Page 13 Table 8: COCS Ratios by Land Use Page 14 Table 9: COCS Ratios from other Colorado Communities Page 15 Table 10: COCS Alternative Ratios- by Land Use Page 16 LIST OF FIGURES Figure 1: Taxation and Public Service Balance Page 6 Figure 2: Percentage of Avon Revenues by Category Page 8 Figure 3: Avon Revenues by Land Use Page 11 Figure 4: Percentage of Avon Expenditures by Category Page 12 Figure 5: Avon Expenditures by Land Use Page 14 This research is to the University of Colorado at Denver Graduate School of Public Affairs in partial fulfillment for a Master in Public Administration degree program. Any use of this material presented herein without explicit written permission of the author is prohibited. - H- EXECUTIVE SUMMARY This study analyzes the fiscal impact of providing public services in the Town of Avon utilizing a tool called Cost of Community Service (COCS) study. The COCS study in this report uses the widely accepted methodology created by the American Farmland Trust (AFT). In broad terms, a COCS analysis reviews the revenues and expenditures of a municipality and allocates those funds to the respective land uses that create the revenues or benefit from the provision of public services. The final product of the study is a ratio for each land use in the community that expresses for every dollar in revenue generated the cost of providing services. COCS studies are a subset of the larger field of fiscal analysis. The data generated by this study provide a look into one single year of the finances of a municipality. The results are not meant to predict the future costs of a development. They are intended to provide decision-makers and citizens with information that can improve the understanding of the public service costs of different types of land uses. This COCS study was based on data from the Town of Avon Proposed Annual Budget 2003, using the final revised 2002 data. The public services provided by Avon include: General Administration, Community Development, Engineering, Finance, Police, Public Works, Recreation, and Transportation. This study does not review the provision of fire and emergency medical services, school and library services, regional transportation, and any other services from special districts that are wholly contained within the town's boundaries. Nor does this study review impacts other than financial such as social, political and non-market values. As a result of Avon's location in the Eagle River Valley, the economic role of the town, and the significant growth that has occurred in the resort towns throughout the 1990's, h l i t ere are on y two pr mary land uses in the town, residential and commercial. The COCS study does not include tax exempt properties such as local, state, federal, and utility- owned properties. Table 1 shows that residential properties account for approximately 83 percent of the taxable parcels in Avon compared to commercial properties at 17 percent. The assessed valuation of the residential properties equals approximately 60 percent of the total while commercial properties account for 40 percent. Table 1: Avon Assessed Valuation and Parcels by Land Use Summa Land Use Type # of Parcels % of Parcels Assessed Valuation % of Tax Base Residential 5,072 83.1% $ 84,483,340.00 59.6% Commercial 1,029 16.9% $ 57,319,150.00 40.4% Total 6,101 100.0% $ 141,802,490.00 100.0% Source: Eagle County Assessor's Abstract, Author The COCS study identified the following significant points: • Residential properties accounted for 45.4 percent of the revenue generated and commercial properties accounted for 54.6 percent. • Residential properties received 63.9 percent of the expenditures and commercial properties received 36.1 percent of the expenditures in public services provided by the town. - iii- 1 • In total, Avon is spending $1.19 in services to the public for every $1.00 collected. • Residential properties are receiving $1.68 in public services for every $1.00 of revenue generated, creating a shortfall of funds from these land uses. • Commercial properties are receiving $0.79 in public services for every $1.00 of revenue generated, creating a surplus of funds from these land uses. Table 2: COCS Ratios by Land Use Summary of Revenues and Expenditures Residential Commercial Total Revenues $ 7,721,212.90 $ 9,276,420.10 $ 16,997,633.00 Expenditures $ 12,961,609.83 $ 7,326,267.44 $ 20,288,108.00 COCS Ratios 1 : 1.68 1 : 0.79 1 : 1.19 Source: Author In summary, the Town of Avon is spending more in providing public services than it is generating in revenue. Residential land uses are generating a net fiscal deficit for the town by creating significantly less revenue than is being expended. Commercial land uses are creating a fiscal surplus for the town by requiring less in services than is generated in revenue. Even though the commercial land uses are carrying the burden of residential uses, the revenues are not adequate to cover the total operating expenses. As a result of this situation the town operated in 2002 with a large deficit. A final issue that must be considered is the tax incidence of sales tax revenues due to the conunercial properties serving not only locals but also tourists and regional residents. The data provided by the COCS study lead to several questions that need to be addressed by Avon in order to reduce and/or eliminate the fiscal shortfall that existed in 2002. Is the Town of Avon providing the desired level of public services, and if not, how should they be modified? Are the current methods of land development able to sustain a desired level or public services? Is there a way to make new land development fiscally responsible for the level of public services that are demanded? Overall, there were three findings that were identified by the study as well as three recommendations for the town: Finding 1: Avon is spending more on public service provision than it is collecting in revenues. COCS Ratios: Residential 1:1.68, Commercial 1:0.79, and Total Avon 1:1.19. Recommendation 1: The Town of Avon needs to identify a unified vision for the funding and provision of public services to guide the growth of the entire town. Finding 2: Commercial land uses (1: 0.79) are subsidizing a portion of the public services that are provided to residential land uses (1:1.68). Recommendation 2 (part A): New land developments and redevelopments should incorporate a mix of both residential and commercial uses on the same property. - w- Recommendation 2 (part B): The Town of Avon needs to revise the Zoning Code and Comprehensive Plan to provide improved land use controls in order to support and achieve the desired vision of the community and its leaders. Finding 3: The use of the default percentage was considered necessary for most of the revenue and expenditure allocations in steps 3 and 4 of the COCS study. The primary reason for this was that there was a lack of information to directly relate revenues and expenditures to specific land uses. Recommendation 3: Avon should create a centralized and uniform information system and database. Ultimately, the product of this analysis is to improve the understanding of land use and public service costs in relation to economic perspectives. This information will improve the future discussion and decision-making processes associated with the growth and redevelopment of the Town of Avon. - v- INTRODUCTION The purpose of this study is to determine the current fiscal impact of providing public services in the Town of Avon. This study will provide a glimpse into how different land uses in Avon affect town finances. To begin, there needs to be an understanding of the background of Avon. BRIEF HISTORY OF AVON The Town of Avon is a mountain community located in central Eagle County along; the Eagle River. In 1972, a large portion of the town (previously the Nottingham Ranch) was purchased by the Benchmark Company for real estate development. Avon was incorporated as a home rule town on February 24, 1978. The town quickly increased its land size in July of 1979 with the annexation of the Wildridge Subdivision, which is a residential community on the northwest side of Avon. The next large addition to Avon occurred in May of 1993 with the annexation of the Mountain Star Subdivision, which is an exclusive low density residential community. Most recently, in November of 1998, Avon annexed the Village (at Avon) (previously the local airport) into its boundary which increased the land area of the town by a thirds. The population of Avon has followed a dramatic trend since its incorporation in 1978. In 1980, the population was approximately 650 people. By 1990 the population of Avon had more than doubled in size to approximately 1,500 people. The population increase=d rnore than three-fold according to the 2000 Census to 5,561 people (Census 2000). ECONOMIC AND PUBLIC SERVICE TRENDS The economy of Avon was extremely healthy during the 1990s. The effects of September 11, 2001 and the recent wars on terrorism and in Iraq have taken their troll on the local economy in recent years. Total tax revenue collected by Avon decreased' by over 7 percent from 2001 to 2002. Sales tax revenue decreased by over 5 percent (over the same time period. The 2003 budget projects another decrease of tax revenue by 7 percent (Wright, 2002). Even with the economy slowing down, the value of property in the Town of Avon has continued to increase. From 1990 to 1995, the assessed valuation of all properties in Avon increased by 32 percent. The valuation of property in Avon increased by 1416 percent from 1995 to 2000. The high growth trend of property values in the town slowed to 17 percent from 2001 to 2002 (Wrright, 2002). Pressure for development is continuing in Avon due to the adjacent communities ('Vail, Beaver Creek, and Eagle-Vail) reaching their maximum build out. The lower pric=es and central location of Avon make the community a highly desirable place to build. Thhis trend should only continue with the upcoming completion of the regional commerccial properties (Super Wal-Mart and Home Depot) and the vacant properties for approximately 2,400 new dwelling units in the Village (at Avon) subdivision. The issues of affordable housing, environmental impacts, and public transportation have continued to grow over the last 20 years. As the property valuations climb so does the price of housing; as a result the amount of affordable residences for both seasonal and year-round residents decreases. This point is emphasized by the Avon Comprehensive Plan which states: "As the community grows, demand for housing of all types is increasing. While there is an ample supply of housing for second home owners and upper income residents, there is a shortage of housing for lower and middle income seasonal and year-round residents and their families."(26-27) The increasing demand for middle and low income positions throughout the valley have increased the demands for many other public services other than employee housing. The demand for public transportation has continued to increase for not only residents but businesses, as well. As the population has grown from one of seasonal and second home owners to year-round residents, the demands on parks and recreation service have also increased. LAND USE TRENDS The development trend of Avon has been guided by two major forces, land use regulations and the geography of the valley- The land use regulations for Avon were created by the Benchmark Corporation when the project received Planned Unit Development (PUD) approval from Eagle County in 1974. Each lot in the subdivision was given specific development rights. These development rights did not change until the adoption of the 1990 Zoning Code revision. The revised development rights for the core of Avon have remained substantially the sarne since that time. The general development trends for the town include several distinct areas of Avon. The town core between Interstate 70 and the Eagle River consists of the commercial heart of the town and mixed use and residential development. The valley floor north of the interstate is primarily high density residential and commercial/industrial properties. The Wildridge Subdivision (northwest of I-70) is a mix of medium and low density housing. The Mountain Star Subdivision (east of the Wildridge Subdivision) is extremely low density and exclusive residential properties. The Eaglebend Subdivision, on the southeast side of town, is a mix of high, medium, and low density housing. Development in the 1980s occurred primarily on the valley floor and was a mix of residential and commercial properties. As the financial boom of the 1990s came, so did increased residential development on the mountain side subdivisions of Wildridge and Mountain Star. By 2002, Avon's historical development boundaries were beginning to fill in. The future development of the town is now squarely focused on existing property redevelopment and the new Village (at Avon) Subdivision on the east side of town. OVERVIEW OF THE COCS STUDY In a municipality such as Avon, with a substantial amount of growth yet to occur, the fiscal impacts of growth on the town are not clear. One way to better understand future impacts is to understand the demand placed on local government. This can be done by ?' performing a fiscal impact analysis. Fiscal impact analysis, or "cost-revenue" analysis, is -2- used to estimate costs and revenues that result from different land uses which are then utilized to predict the costs associated with a new development. The American Farmland Trust (AFT) created a fiscal analysis methodology that determines a relationship between land uses and the relative revenues and expenditures of a community. The model established by AFT, called Cost of Community Services (COCS) study, analyzes the information for a specific year in order to provide a "snap shot" of the costs versus the revenues for a community's land uses (AFT, 2002). The COCS study utilizes five primary steps (Kelsey, 1998): 1. Define the land use categories and the scope of the project. 2. Collect data on revenues, expenditures, and properties from the local municipality and County assessor's office. 3. Allocate revenues to predetermined land uses. 4. Allocate expenditures to predetermined land uses. 5. Calculate the COCS ratio from the data in steps three and four and then analyze the results. The product of the COCS study is a ratio of revenues and costs that is expressed so that for every dollar of revenue collected for a land use there is a dollar expenditure of services provided for that same land use. The results of this study provide decision- makers with another tool by which to measure fiscal impacts of growth. This tool can assist community leaders with decision-making skills that are needed to achieve fiscal prosperity in their community. This study has four sections. The first section provides a brief methodology. The second section provides the findings for the Town of Avon. The third section provides a discussion and recommendations. The fourth section contains the appendices of the study. -3 - METHODOLOGY COCS studies supply communities with a straightforward and inexpensive way to study the fiscal impact of different land uses in an area. The methodology used for this study was developed in the mid-1980s by AFT. Since that time, this tool has been used by over ?• 95 communities throughout the United States (AFT, 2002). There are some points that should be understood about the capabilities and the limitations of this tool. The COCS study only reviews the data for one single year. Therefore, the ratios provided by the study should not be utilized as predictors into the future; they provide a snap shot of the cost of providing services. This study only reviews the services provided by the municipality. As with many other jurisdictions throughout Colorado, many of the services provided to the community do not fall into the Town of Avon's budget or sphere of influence. This study does not review the provision of fire (Eagle River Fire Protection District) and emergency medical services (Eagle County Ambulance District), school (Eagle County School District and library services (Eagle Valley Library District), regional transportation (Eagle County Regional Transportation), or any other services from special districts (Eagle River Water and Sewer). Nor does this study account for particular types of economic activity (retail or office) or non-market goods (quality of life values or environmental concerns). DEFINING LAND USE CATEGORIES The first step in the COCS study is to define how the different land uses in Avon should be categorized. Land use refers to what type of human activities are (or are not) taking place on a parcel of land. The State of Colorado classifies land into seven categories for property tax reasons: residential, vacant, agricultural, commercial, industrial, natural resources, and state-assessed property. For the purposes of this study, data on all the properties in Avon were collected from the Eagle County Assessors Office. This study does not include exempt properties such as utility companies, local, state, federal, or political properties. The two major land uses in Avon are residential and commercial. Residential Land Use: Any property used for dwellings which includes: houses, mobile homes, multi-family, and condos. All forms of residential properties as defined by the Eagle County Assessor's office. ' Commercial Land Use: Property actively used for commerce other than ' agriculture and forestry. This group includes office, merchandise, lodging, and warehousing. All forms of commercial properties as defined by the Eagle County Assessor's office. Appendix B includes the abstract data and classifications from the Eagle County Assessor's Office. 0 -4- DATA COLLECTION The second step in the COCS study is to collect detailed revenue and expenditure information from the Town of Avon as well as collect property assessment data from the assessor's office. The primary sources of information consist of- 0 Eagle County Abstract of Assessment by Authority for the Town of Avon, 2003. • Town of Avon Proposed Annual Budget, 2002. • Interviews with department heads and staff. ALLOCATE REVENUES TO LAND USE The third step in the COCS study is to allocate how much revenue both of these land uses generate. The Town of Avon receives revenue from numerous sources: taxes (general property and sales taxes), licenses and permits (liquor licenses and building permits), intergovernmental grants, state and county shared funds (highway users tax and county sales tax), charges for services (design review fees and police contract services), recreation facility, and many other sources. In certain instances, the allocation of revenue to a land use is relatively straight-forward. An example of this is revenue generated from the Avon Recreation Center which comes from residential users. This revenue can be clearly traced to the users of the facility which are residents and guests who are residing on residential properties. Another example is sales tax which is generated from commercial properties. In other cases, it is very difficult to allocate where the revenue originates. An example of this is the Utility Tax paid by both residential and commercial properties. When this situation occurs the COCS study calls for the use of the default percentage. This percentage represents the portion of a particular land uses' assessed value which is calculated in Table 3 (see Appendix B for complete analysis). Another example of this would be the allocation of revenue generated from police reports or photo copying charges due to the lack of information to attribute the income to specific land uses. ALLOCATE ExPENDITURES TO LAND USE The fourth step in the COCS study is to allocate the amount of money spent on providing services to the respective land uses. The completion of this step is similar to how the revenues were allocated to sources, but in this case one looks at where the money is spent. For organizational and simplicity purposes this study allocated expenditures in a format that is similar to the Town of Avon budget categories such as finance, public works, and the capital projects fund. 1 As with revenue allocation, in certain instances the allocation of expenditures in Avon is straight-forward. An example of this is the allocating of recreation spending to residential land use. Residential properties (residents and guests of Avon) utilize the recreation facilities and services whereas commercial properties do not consume those same services. The expenditures for the Wildridge Special Improvement District (SID) Fund go directly towards residential uses because there are no developed commercial properties in Wildridge. -5- 1 Many expenditures in the Avon budget are more difficult to allocate to one use or another. Finance department spending provides an excellent example of the difficulty of assigning indirect costs. The operations of the finance department do not directly benefit one land use over another. There may be certain tasks that are related to a specific land use, however, overall, one type of land use does not benefit more or less from the work done in this department. As a result, the COCS guidelines state that the default percentages (Table 3) are to be used to allocate the expenditures. CALCULATE THE COCS RATIO The final step in the COCS study is to calculate the revenue/cost ratios. The ratios are calculated by dividing the total revenues by the total expenditures for each land use. The product of this calculation is a ratio that identifies how much money is spent for each dollar that is collected for each land use. In this case, there are only two categories: residential and commercial. There are three basic ratios that may be seen. One is a land use that is producing a fiscal deficit (e.g. $1:$1.50) resulting in demanding more expenditures than revenue it creates. The opposite ratio would be a land use that is producing a fiscal surplus (e.g. $1:$0.50) resulting in creating more revenue than is expended on services. The last would be a situation of fiscal equilibrium ($1:$1) where the revenues generated match the expenditures. Many municipalities in Colorado are legally bound to meet the requirements of a fiscal equilibrium. With regard to an individual municipality, there may be policy decisions that result in fiscal deficits or surpluses. The policies that control the resulting fiscal situation are encompassed by determining what level of public services will be provided and how those services are funded. A municipality that can effectively maintain a fiscal equilibrium provides an optimal level of services while generating sufficient funds for those services. Figure 1: Taxation and Public Service Balance Optimal Level of Public Service Provision And Level of Taxation (Fiscal Eauilibrium) l Residential Land Uses Desired level of services --I Burden of taxation Commercial Land Uses F--- Desired level of services Burden of taxation Source: Author -6- # FINDINGS FOR THE TOWN OF AVON LAND USE The data from the Eagle County Assessor's Office identified two major land use categories in Avon, residential and commercial. The Town of Avon Zoning Map identifies many different land use types, however many of those are identified as different uses by the assessor for property tax reasons- As a result, the Metcalf Road and West Nottingham Road properties that are identified as IC-Industrial Commercial are for tax purposes labeled as commercial property. Many of the areas of town that are PUD (Planned Unit Development) are constructed as either residential or commercial uses which are identified as such by the County assessors office. Appendix F contains a map of the Town of Avon that identifies the primary land use categories. The map shows the following districts: residential properties, commercial properties, undeveloped properties, government/public properties, and public lands and Right-of-Ways. The data from the assessors office identified a third land use category (agricultural) for taxable property in the town however this land use type was omitted from the study due to the extremely small fraction of land it represents. Agricultural land equals .007 % of the town (Eagle County Assessor, 2003). Listed in Table 3 are the results of the analyses of the taxable properties in Avon. ?. Residential properties total 5,072 parcels in town which equals 59.6 percent of the average tax base. Commercial properties total 1,029 parcels in town which equals 40.4 percent of the average tax base. These percentages are used as the default percentages for the allocation of revenues and expenditures that cannot be dedicated specifically to one land use or another. Table 3: Avon Assessed Valuation and Panels b Land Use Land Use Type # of Parcels -% of Parcels Assessed Valuation % of Tax Base Residential 5,072 83.1% $ 84,483,340.00 59.6% Commercial 1.029 16.9% $ 57,319,150.00 40.4% Total 6,101 100.0% $ 141,802,490.00 100.0% Source: Eagle County Assessor's Abstract, Author REVENUE ALLOCATION The Town of Avon collects revenue from many different sources. These revenues are generated in several funds including: General Fund, Special Revenue Funds, Debt Services Funds, Capital Project Funds, Enterprise Funds, and Internal Service Funds. These funds collect revenue in several forms as shown in Table 4 and Figure 2. -7- `"' Table 4: Total Avon Revenues b y Category 0 Revenue by Source Value Percentage 1 0 Taxes $ 9,476,614.00 53.9% - Licenses and Permits $ 579,203.00 3.3% Intergovernmental $ 1,799,695.00 10.2% Charges for Services $ 4,522,881.00 25.7% Fines and Forfeitures $ 58,675.00 0.3% Special Assessments $ 46,500.00 0.3% Investment Earnings $ 232,126.00 1.3% Other Revenue $ 882,474.00 5.0% Total Revenues $ 1 7,598,168.00 100.0% _ Source: 2003 Town of Avon Proposed Annual Budget Figure 2: Percentage of Avon Revenues by Category Percentage of Revenue by Source Charges for Fines and Services Forfeitures 25.7% 0.3% Intergovernmental Special 10.2% Assessments 0.3% Licenses and Permits Unvestm ent 3.3% Earnings I 1.3% Other Revenue Taxes 5.0No 53.9% Source: 2003 Town of Avon Proposed Annual Budget The methodology of the COCS study requires that each source of revenue is distributed to a land use type according to either the default percentage or the land use from which the funds are collected. The total revenue for each line item is rmultiplied by the percentage of the respective land use that generates the funds. The fund specific analysis of the revenues for the Town of Avon is located in Appendix C.. The following are key points regarding the revenues for Avon. • Taxes account for approximately 54 percent of the revenues. Taxes in Avon are collected in the following forms: General Property Tax, general Property Tax Interest, Specific Ownership Tax, Sales Tax, Utility Tax, Penalties and Interest, and Franchise Fees. o Sales tax accounts for approximately 72 percent of tax revenues. o General Property tax accounts for approximately 20 percent of tax revenues. • Charges for services account for approximately 26 percent of total revenues. • Building Permits account for more than 77 percent of licenses and permit revenue. ell -8- b • New construction permit plan check and subdivision review fees makeup about 78 percent of the revenues from general governmental charges for services. • Admission fees for the Avon Recreation Center account for approximately 77 percent of the recreation charges for services. All of the percentages used for the COCS were determined through research and discussions with town staff. Most of the line items required the default percentage due to a lack of data available that would attribute the revenue to a specific land use source. In other cases there was information that allowed a more specific distribution of revenues. The following points identify how the revenues were distributes by percentage. • Taxes: o All Sales tax was distributed to commercial land uses. o The remainders of the tax revenues were allocated using the default percentage due to a lack of information to alter the distribution between land uses. • Licenses and Permits: o Liquor, business, and contractor licenses were allocated to commercial land uses. o Pen-nit fees for building, plumbing and mechanical permits were assigned by the percentage of total valuation of permits issued to the respective land uses. An example of this is that 58.2 percent of the building permit fees came directly from residential land uses and was allocated as such. o The remainders of the license and permit revenues were allocated using the default percentage due to a lack of information to alter the distribution between land uses. • Intergovernmental: c The cigarette and county sales tax revenues were allocated to commercial land uses. o The remainders of the inlergovenimental revenues were allocated using the default percentage due to a lack of information to alter the distribution between land uses. • Charges for Services: o Charges for plan checks., subdivisions, and design reviews were allocated using the same percentages as identified by the valuation of permits issued by land use. o Animal Control Fees,,veTe allocated to residential land use. o Sherwood Meadows Maintenance charges were collected as a result of residential use and were allocated as such. -9- o Recreation fees were all allocated to residential land uses with the exception of sponsorships and advertisements which were distributed to commercial land uses. o The remainders of the charges for services revenues were allocated using the default percentage due to a lack of information to alter the distribution between land uses. • Fines and Forfeitures, Special Assessments, Investment Earnings, Other Revenue: o Recreational Amenity Fees were allocated to residential land use as a result of the revenue being generated by residential uses. o The remainders of the revenues were allocated using the default percentage due to a lack of information to alter the distribution between land uses. • Funds other than General Government: o Mall Maintenance revenues were collected from commercial properties and allocated as such. o Employee Housing, Sherwood Meadows Enterprise Fund, and Wildridge SID (Special Improvement District) funds were allocated to residential land uses. o The remainders of the revenues were allocated using the default percentage due to a lack of information to alter the distribution between land uses. Transfers of revenue between funds were not included in the COCS study. The original fund that generated the revenue is included in the study; therefore the inclusion of transfers constitutes a double-counting of the revenue. Table 5 and Figure 3 identify which land uses the revenues for the Town of Avon generally originate from. The primary revenue-generating land use in Avon is commercial property at 55 percent. Residential properties generate 45 percent of the revenue for the town. Table 5: Total Avon Revenues by Land Use Land Use Revenue Percentage Residential $ 7,721,212.90 45.4% Commercial $ 9,276,420.10 54.6% Total $ 16,997,633.00 100.0% Source: Author -10- Figure 3: Avon Revenues by Land Use Town of Avon 2002 Revenues by Land Use Residential Commercial 45% 1 111 55% Source: Author A final key point when reviewing the revenue results is the tax incidence of the revenue generated by the commercial properties in Avon. In broad terms, tax incidence describes who pays the taxes in a population. In 2002, taxes accounted for approximately 54 percent of the revenue generated by Avon and sales tax equaled 72 percent of those funds. In a community such as Avon, where the commercial properties serve not only locals but also tourists and regional residents, a large portion of the revenue generated by sales tax originates not from the municipalities residents but from guests. This is important when interpreting the results of the COCS study. The effect of Avon being a resort community is that guests (tourists and regional residents) to the town contribute a substantive amount of revenue to the community. Therefore, the fact that this portion of the revenue is highly dependant on the economy is a large variable for the finances of the town. This is significant to Avon for the reason that potentially a quarter of the revenue for the town is generated by non-locals which is then used to fund local service provision. As a result, in times of economic recession Avon will be fiscally challenged to sustain public service provision levels due to the large dependence on sales tax revenue. This also significant so that it is not implied that commercial property owners bear the primary burden of generating revenue for residential services. The majority of the commercial revenue is created by locals and non-locals purchasing goods and services. EXPENDITURE ALLOCATION There are many services that are provided by Avon however it is important to remember that there are many that are provided solely by special districts such as fire services through Eagle River Fire Protection District and sanitation through Eagle River Water & Sanitation District. The expenditures for Avon are grouped in many cateeories including: General Government, Housing and Finance. Community Development, Police, Public Works, Engineering and Utilities.. Transportation and Fleet Maintenance, Recreation and Culture, Debt Service, Capital Improvements, and Equipment Replacement. Table 6 and Figure 4 identify the overall expenditures of Avon. 0i Table 6: Total Avon Expenditures by Cate2o Expenditures by Category Value Percentage General Government, Housing and Finance $ 2,315,300.00 11.1% Community Development $ 495,156.00 2.4% Police $ 1,557,949.00 7.5% Public Works, Engineering and Utilities $ 2,955,138.00 14.1% Transportation and Fleet Maintenance $ 3,116,845.00 14.9% Recreation and Culture $ 2,109,910.00 10.1% Debt Service $ 2,634,943.00 12.6% Capital Improvements and Equipment Replacement $ 5,703,402.00 27.3% Total Expenditures $20,888.643.00 100.0% Source: 2003 Town of Avon Proposed Annual Budget Figure 4: Percentage of Avon Expenditures by Category Percentage of Expenditures by Source 1 General Capital Government, Improvements & Housing and Community Equipment Finance Development Replacement 11.1 % 2.4% 27.3% Police i 7.5% Public Works, 9 Engineering and Debt Service Utilities 12.6% 14.1% Recreation and Transportation and Culture Fleet Maintenance 10.1% 14.9% Source: 2003 Town of Avon Proposed Annual Budget COCS methodology assigns expenditures to each land use category by going though the budget by line item. The fund-specific detail of expenditures is located in Appendix D. The following is a summary of the expenditures for each general fund. As the majority of municipal activities benefit all land uses in the community, most expenditures were allocated using the default percentages. • General Government, Housing and Finance: o Sherwood Meadows and Employee Housing expenditures were allocated completely as residential land uses. • Community Development: o Planning and Building expenditures were allocated using the same percentages as identified by the valuation of pen-nits issued by land use. -12- • Police: o Neighborhood Service expenditures were allocated solely to residential land uses. • Public Works, Engineering and Utilities: o Parks expenditures were allocated to residential land uses as commercial properties do not directly utilize properties. o Mall Maintenance provides direct benefits to the commercial properties along the mall and was allocated as such. • Recreation and Culture: o Expenditures for recreation were completely allocated to the benefit of residents and guests of the community and were fial.ly distributed in residential land uses. • Debt Service: o The debt service for the Wildridge SID was completely allocated to residential land uses. • Capital Improvements and Equipment Replacement: o As specified by the Capital Improvement Budget, portions of facilities expenditure were directly allocated to residential. o Specific streetscape improvements were allocated to commercial land uses. o Developer rebates were allocated to residential land uses as a result of these costs originating from residential property sales. o Expenditures for recreation equipment replacement were allocated to residential. Transfers of funds out between funds have not been included in the COCS study. The inclusion of transfers would constitute a double-counting of the expenditures. Table 7 and Figure 5 identify to which land uses the expenditures in the Town of Avon are generally applied. The primary beneficiaries of expenditures in Avon are residential properties at 64 percent. Commercial properties receive 36 percent of the expenditures by the town. Table 7: Total Avon Expenditures b Land Use Land Use Value Perrenta e Residential $ 12,961,609.83 63.9% Commercial $ 7,326.267.44 36.1% Total $ 20,288, l 08.00 100% Source: Author -13- ( 161 Figure 5: Avon Expenditures by Land Use Percentage of Expenditures by Land Use Residential 64% Commercial 36% Source: Author CALCULATION OF THE COOS RATIO The final mathematical step in the study is to compute the actual COCS ratios for the Town of Avon. The ratios are calculated by dividing the total revenues by the total expenditures for each land use. The results show that the town spends $0.68 more on residential properties than it collects. Avon spends $0.79 on providing public services to commercial properties for every dollar collected. Overall, Avon operated at a deficit in 2002, spending on average spending $1.19 in service provision for every dollar collected in revenue. Table 8 presents the total revenues and expenditures of Avon and identifies the COCS ratio for each land use. Table 8: COCS Ratios by Land Use Summary of Revenues and Expenditures Residential Commercial Total Revenues $ 7,721,21.2.90 $ 9,276,420.10 $ 16,997.633.00 Expenditures $ 12,961.609.83 $ 7326.267.44 $ 20,288,108.00 COCS Ratios 1 : 1.68 1 : 0.79 1 : 1.19 Source: Author -14- 01 1* a DISCUSSION AND RECOMMENDATIONS STUDY OVERVIEW The COCS study identifies a significant difference between the ratios for residential and commercial land uses. The ratios show that residential land uses provide a net drain on Avon, demanding a $1.68 in services for every $1 collected. In contrast, commercial land uses provide a fiscal benefit to Avon, demanding only $0.79 in services for every $1 collected. The COCS ratio for total revenues and expenditures shows that the town is spending $1.19 in public services provision for every $1 collected. As shown in Table 9, there is a significant difference between the Town of Avon ratios and those of two other counties in Colorado. In reviewing the other studies, Avon has several unique factors that account for the differences. First, the other two communities are looking at the fiscal impacts on a countyvvide scale. Second, Avon does not have significant industrial or agricultural activities- Third, Avon is a resort community which places unique service demands on govenunent (employee housing, community recreation, and public transportation). Table 9: COCS Ratios from other Colorado Communities Municipality Residential Commercial Town of Avon 1.68 0.79 Custer County 1.16 0.71 Saguache County 1.17 0.53 AFT Average Median 1.15 0.29 Source: AFT Fact Sheet, Author The data provided by this study identifies an important issue for the Town of Avon, because the municipality is providing more public services than it is collecting in revenue. While commercial land uses are providing more revenue than is being expended ($0.21 per dollar), the gain is not great enough to cover the loss created by the residential land uses ($0.68 - $0.21 = net loss of $0.47 per dollar collected). This observation has been arrived at as the result of fiscal impact studies performed by many other communities. The overall theme is that conventional residential development negatively impacts service provision capacity whereas open space and non-residential development tends to provide neutral or positive impacts (Burchell, 1998). This dilemma is amplified by the fiscal limitations imposed upon local government by Colorado's Gallagher and TABOR Amendments which limits the taxing abilities of Avon. The Town of Avon needs to identify the level of services that the citizens desire and then create a way to finance those services within the legal restraints imposed by law. The data from 2002 shows that the town is running a deficit and that continued spending at this level will eliminate the fund surplus the town currently enjoys. A CONSERVATIVE PERSPECTIVE This COCS study relied heavily on the default percentages in many of the revenue and expenditure categories, therefore the findings presented should be viewed as conservative numbers for the demands created by residential land uses. - 1-? - A COCS study completed in Saguache County, Colorado (Dirt Inc, 2002) used a different method for determining the default percentage for general municipal expenditures. This methodology reasoned that general governmental services (e.g. administration) were not accurately proportioned towards the assessed valuation percentages. As an alternative, the percentage of parcels in a land use category was used. In the case of Avon, which has numerous residential only areas in the community, this conservative method provides a more aggressive assessment of the residential demands. Recall that Table l identifies that 83 percent of the parcels are residential land uses. Table 10 shows the results of utilizing the parcel percentages as default percentages for the allocation of expenditures in Avon. The complete results of using this change are attached in Appendix E. W Table 10: COCS Alternative Ratios by Land Use Summary of Revenues and Expenditures Residential Commercial Total Revenues $ 7,721,212.90 $ 9,276,420.10 $16,997,633.00 Expenditures $ 15,989,662.80 $ 4,298,445.20 $20,288,108.00 COCS Ratio 1 : 2.07 1 : 0.46 1 : 1.19 Ilk Source: Author WHAT DOES THIS ALL MEAN? The results of this study provide a picture of the current fiscal situation of the Town of Avon. Avon is a resort community with all the demands and needs that come with that location (high land prices and low wages, second home-owners, employee housing, community recreation, and public transportation). The revenues are highly dependant on sales tax, tourism, and the recreation industry. Finally, Avon is expending more on l# public services than it is collecting in revenue. At this time, Avon is able to maintain this level of revenues and expenditures due to the large yearly fund balance that can cover the fiscal loss of public service provision. This situation raises several questions that need to be answered. 1. Is the Town of Avon providing the desired level of public services, and if not, how should they be modified? 2. Are the current methods of land development able to sustain a desired level of public services? 3. Is there a way to make new land development fiscally responsible for the level of public services that are demanded? The answer to the first question goes far beyond the scope of this study, however, the data provided allows a few normative statements to be made. Whether or not the current levels of public service provision are adequate is a decision that must be made politically through the town council and the citizens of Avon. On the other hand, the fact that the town is running a large deficit is a significant reason to review the level and mix of public service provision. The choices of how to modify public services can occur through two basic methods, oil increasing revenues or cutting costs. If the needs of the community require increased -16- services, this can occur through either raising revenues or cutting costs in other programs and transferring the funds or a combination of the two. The fiscal restrictions placed on municipalities by both the TABOR and Gallagher Amendments make tax increases a last resort. The simplest tool to increase revenues comes in the form of charges and fees for services. If the needs of the community require that public services are diminished then the focus is shifted to specific departments. Table 6 identifies the sources of expenditures by Avon and their respective costs. The three largest budgets are occupied by Capital Improvements, Recreation, and Public Works. Again, the choices of what the town council and the citizens of the cormmunity want should guide the general direction of the reduction of services if deemed necessary. The result of the COCS study leads one to think that the answer to the second question is no. This is due to the large disparity between the amount of revenues collected by the town and the amount of expenditures spent on public service provision. If the last: third of the town (the. Village (at Avon)) is developed with the current development tools, 00 methodologies and densities, then the burden on the commercial community to support 0 the residential community may increase. Studies have shown that large increases in population growth will negatively affer-t the level of services provided to existing residents (Ladd, 1992). In Avon, the demands on services will increase significantly as development sprawls along the northwest mountain sides of the valley as a result of low residential densities and high infrastructure requirements. The only way to maintain current public service levels will be to increase either taxes or charges for services due to the large amount of residential properties that are soon to be constructed. The last question is whether there are ways to develop the town that are fiscally responsible. There are many opinions that can answer this question, however the +COCS study points to one obvious answer. Even though the assessed valuation of Avon increases with the growth of residential properties, the demand on service provision grows as well. Residential development in any area typically leads to increased demand for publiicly . provided services. These demands place an increased burden on local infrastruct tre and ® government (Burebell and Listokin, 1995). The lower the density and the more diispersed it is, the greater the costs are to provide public services. The increased use of mixfed use (residential and commercial uses on the same property) development should decrease the burden of residential growth on Avon. The high cost of providing services to resiidential areas ($1.68) would be partially offset by the parallel and approximate spatial development of commercial properties ($.0.79). 01 !1 ! -17- A A RECOMMENDATIONS FROM STUDY FINDINGS The goal of this study is to provide the leaders and citizens of Avon with a baseline understanding of the current fiscal situation of the town with respect to land use. The information attained through this study should assist Avon with developing responsible land use and fiscal practices. The COCS study does not judge that one land use is better than another, however it does provide the costs associated with each land use. The last step is to make recommendations based on those findings: FINDING 1: Avon is spending more on public service provision than it is collecting in revenues. COCS Ratios: Residential 1:1.68, Commercial 1:0.79, and Total Avon 1:1.19. RECOMMENDATION 1: The Town of Avon needs to identify a unified vision for the funding and provision of public services to guide the growth of the entire town. A result of not having a single unified view of where Avon is heading is that there are different directions taken and services provided to different areas of town. Residential and commercial properties are equally ?. important to the success of the town, however residential land uses (1:1.68) are benefiting significantly more than commercial (1:0.79). The result is that commercial properties subsidize the public service provision to the residential properties. The Town Council and the citizens of Avon need to decide which path the government should follow in the future. Once this vision for the future of Avon is set, then the guiding documents, rules, taxing, and expenditure !1 policies of the town can be revised. The optimal solution is to create a fiscal equilibrium between the revenues collected and expenditures for public services (1:1). FINDING 2: Commercial land uses (1: 0.79) are subsidizing a portion of the public services that are provided to residential land uses (1:1.68). RECOMMENDATION 2 (PART A): New land developments and redevelopments should incorporate a mix of both residential and commercial uses on the same property. The COCS study had identified that the town spends $0.68 more on the provision of services to residential land uses than it collects in revenue. Commercial properties, on the other hand; do not receive as much in service provision ($0.79) as is collected in revenue resulting in additional funds for residential properties. The town can reduce the fiscal deficit created by providing public services to residential properties by incorporating commercial uses into the developments. By combining both land uses on one property the costs of -18- No providing services will be reduced resulting in developments that are closer to fiscal equilibrium. RECOMMENDATION 2 PART B): The Town of Avon needs to revise the Zoning Code and Comprehensive Plan to provide improved land use controls in order to support and achieve the desired vision of the community and its leaders. Many of the sections in the Zoning Code have not been altered since the adoption of the regulations in the 1980's. Many things in Avon have changed while the zoning governing the development of the town have not. The result of this situation is that residential land uses are being developed in accordance with the guidelines which create greater and greater demands on public service provision. Whereas, commercial property development, which generates positive revenue for the town, is typically limited by the current zoning. The new planning trends of compact spatial development can provide the town with many examples of new growth that will produce relative fiscal equilibrium. The zoning that the town uses is one of the most powerful j tools that can be used to achieve the vision of the community. In the end, new zoning regulations and comprehensive plan will allow the town ® greater flexibility in the review and design of projects being constructed in the municipality so that the project is constructed in accordance with the needs and goals of the town as well as within the available scope of public service provision. FINDING 3: The use of the default percentage was considered necessary for most of the revenue and expenditure allocations in steps 3 and 4 of the COCS study. The primary reason for this was that there was a lack of information to directly relate revenues and expenditures to specific land uses. RECOMMENDATION 3: Avon should create a centralized and uniform information system and database. ¢ As the Town of Avon has grown, the systems that hold, manage, and disperse information have not. They have been adapted and manipulated to suit the specific needs of each individual department. The existing data ? collection and storage systems do not work well together. There is no one common way to store documents or data. ? The town needs to find a unified database system that allows data from all 01 the different departments to be accessed and viewed. The use of a system that correlates data to geographical locations would allow a much more specific and accurate analysis to be completed. This would also allow the 1 many departments in the town to improve communication and -19- accountability to the public as a result of better information transfer and access. With proactive planning and communication between Avon and its citizens, the goals of providing affordable housing, creating jobs, conserving land, and managing a growing community can be balanced among one another. In order to continue the growth and prosperity that Avon has seen, the town must develop new strategies to manage growth that take in to account not only fiscal and environmental aspects but social and environmental aspects, as well. -20- APPENDICES Appendix A - Client and Study Resources Appendix B - Assessed Valuation Spreadsheet Appendix C - Revenue Allocation Spreadsheet Appendix D - Expenditure Allocation Spreadsheet Appendix E - Alternative Expenditure Allocation Spreadsheet Appendix F - Town of Avon: Primary Land Use Categories -21 - APPENDIX A CLIENT Tambi Katieb, Town Planner Town of Avon Community Development P.O. Box 975 Avon, CO 81620 Phone 970.949.4030 Fax 970.949.5749 SOURCES American Farmland Trust, Cost of Community Services Fact Sheet. November 2002. Retrieved April 19, 2003 from the AFT website at: http://www.farmland.org Burchell, R. W. The Costs of Sprawl - Revisited. Transportation Cooperative Research Program Report 39. Washington, D.C. National Academy Press. 1998. Burchell, R.W. and D. Listokin, Land, Infrastructure, Housing Costs and Fiscal Impacts Associated with Growth: The Literature on the Impacts of Sprawl vs. Managed Growth. Cambridge, Massachusetts: Lincoln Institute of Land Policy. 1995. Census 2000, Factfinder Data Sets. May 2001. Retrieved March 25, 2003 from the Census 2000 website at: http://www.faCtflDder.census.gov. Dirt, Inc. A Revenue/Cost Analysis of Community Service Provision in Saguache County, Colorado, Denver, Colorado, April 29, 2002. Eagle County Assessor, Abstract of Assessments - By Authority, Eagle County, Colorado, March 31, 2003. Kelsey, Timothy W. Calculating a Cost of Community Services Ratio for your Pennsylvania Community, Penn State College of Agriculture, University Park, Pennsylvania, 1998. Ladd, H. "Population Growth, Density and the Cost of Providing Public Services." Urban Studies 29 (2): 273-295. Town of Avon, Town of Avon Comprehensive Plan, Avon, Colorado: Ballofet & Associates, 1996. Town of Avon, 2003 Town of Avon Zoning Map, Tovvn of Avon, Avon, Colorado, 2002. Wright. Scott, Town of Avon Proposed Annual Budget, ToNvn of Avon, Avon, Colorado, 2002. -22- APPENDIX B Town of Avon Total (Taxable) Assessed Valuation by Land Use 2002 CODE DESCRIPTION PARCEL PARCEL % ASSESSED TAX BASE % 0100 VACANT RES LAND 168 16,519,400 1112 SINGLE FAM.RES.-LAND 482 7,531,730 1115 DUP/TRIPLEX LAND 6 64,020 1120 MULTI-UNITS(4-8)-LAND 2 46,980 1125 MULTI-UNITS(9 +)-LAND 1 25,440 1130 CONDO-LAND 1,808 3,572,380 1140 MANUFCTRD.HOUSNG PRK 1 357,950 1212 SINGLE FAM.RES-IMPROVMNT 630 28,666,310 1215 DUP/TRIPLEX IMPROVMNT 6 134,470 1220 MULTI-UNITS(4-8)-IMPRVMNT 2 114,420 1225 MULTI-UNITS(9 +)-IMPRVMNT 1 84,560 1230 CONDOS-IMPROVEMENT 1,808 26,741,980 1235 MANUFCTRD.HOUSING-IMPR 156 566,870 1240 MANUFCTRD HOUSNG PARK 1 56,830 TOTAL RESIDENTIAL PROPERTY 5,,072 83.1% 84,483,340 59.6% 0200 VACANT COM LOTS 26 3,506,680 1410 PERSONAL-FRNSHNGS, 80 461,110 2023 OTHER COMMERCIAL-POSS 2 55,990 2112 MERCHANDISING-LAND 69 2,832,750 2115 LODGING-LAND 1 877,950 2120 OFFICES-LAND 142 3,169,030 2130 SPEC. PURPOSE-LAND 8 1,791,260 2135 WAREHOUSE/STORAGE- 74 3,162,670 2140 MULTI-USE(3 OR MORE) 25 2,830,990 2212 MERCHANDISING-IMPROVMNT 69 7,656,050 2215 LODGING-IMPROVEMENT 1 1,181,050 2218 LEASEHOLD IMPROVEMENT 1 45,070 2220 OFFICES-IMPROVEMENT 141 11,007,920 2230 SPEC. PURPOSE-IMPROVEMENT 8 1,865,320 2235 WAREHOUSE/STORAGE-IMPRV 76 6,607,440 2240 MULTI-USE(3 OR MORE) 26 4,495,720 2410 EQUIP, FURN,MACH,COMM 280 5,772,150 TOTAL COMMERCIAL PROPERTY 1,029 16.9% 57,319,150 40.4% TOTAL (TAXABLE) TOWN OF AVON, 030 6,101 100.0% 141,802,490 *Note 1: Agricultural land accounts for .007 of a percent of taxable land. *Note 2: Not included are exempt properties (state,, local, utility, etc). 100.0% - 23 - APPENDIX C Town of Avon Revenue Allocation for 2002 GENERAL FUND REVENUES (2002 Final Revised Budget) Item $ Total % Res $ Residential Taxes: General Property Tax $ 1,252,547.00 59.6% $ 746,518.01 General Property Tax - Delinquent Collections $ 250.00 59.6% $ 149.00 General Property Tax - Interest $ 1,500.00 59.6% $ 894.00 Specific Ownership Tax $ 205,000.00 59.6% $ 122,180.00 Sales Tax $ 4,645,142.00 0.0% $ - Utility Tax $ 100,000.00 59.6% $ 59,600.00 Penalties and Interest $ 10,000.00 59.6% $ 5,960.00 Franchise Fees $ 213,000.00 59.6% $ 126,948.00 Total Taxes $ 6,427,439.00 16.5% $ 1,062,249.01 Licenses and Permits: Liquor Licenses Business Licenses Contractor's Licenses Building Permits Plumbing Permits Mechanical Permits Road Cut Permits Other Licenses and Permits Total Licenses and Permits Intergovernmental: Federal Grants: Other Federal Grants Subtotal: Federal Grants State Grants Other Subtotal: State Grants State/County Shared Revenue: Conservation Trust Motor Vehicle Registration Highway User's Tax Cigarette Tax County Sales Tax Road & Bridge Fund Subtotal: Shared Revenue Total Intergovernmental Charges for Services: General Government: % Corn $ Commercial Uni 40-4% $ 506,028.99 100% 40-4% $ 101.00 100% 40-4% $ 606.00 100% 40-4% $ 82,820.00 100% 100.0% $ 4,645,142.00 100% 40.4% $ 40,400.00 100% 40-4% $ 4,040.00 100% 40_4% $ 86,052.00 100% 83.5% $ 5,365,189.99 100% $ 4,500.00 0.0% $ - 100-0% $ 4,500.00 100% $ 21,000.00 0.0% $ - 100-0% $ 21,000.00 100% $ 17,500.00 0.0% $ - 100_0% $ 17,500.00 100% $ 450,000.00 58.2% $ 261,900.00 41.8% $ 188,100.00 100% $ 37,035.00 58.2% $ 21,554.37 41.8% $ 15,480.63 100% $ 40,668.00 58.2% $ 23,668.78 41.8% $ 16,999.22 100% $ 3,500.00 58.2% $ 2,037.00 41.8% $ 1,463.00 100% $ 5,000.00 59.6% $ 2,980.00 40.4% $ 2,020.00 100% $ 579,203.00 53.9% $ 3129140.15 46.1% $ 267,062.85 100% $ 24,660.00 59.6% $ 14,697.36 40.4% $ 9,962.64 100% $ 24,660.00 59.6% $ 14,697.36 40.4% $ 9,962.64 100% $ 15,900.00 59.6% $ 9,476.40 40.4% $ 6.423.60 100% $ 15,900.00 59.6% $ 9,476.40 40.4% $ 6,423.60 100% $ 27,193.00 59.6% $ 16,207.03 40.4% $ 10,985.97 100% $ 20.000.00 59.6% $ 11.920.00 40.4% $ 8,080.00 100% $ 157,600.00 59.6% $ 93,929.60 40.4% $ 63.670.40 100% $ 45,000.00 0.0% $ - 100.0% $ 45,000.00 100% $ 226,469.00 0.0% $ - 100.0% $ 226.469.00 100% $ 116.458.00 59.6% $ 69,408.97 40.4% $ 477049.03 100% $ 592,720.00 32.3% $ 191,465.60 67.7% $ 401,254.40 100% $ 633,280.00 34.1% $ 215,639.36 65.9% $ 417,640.64 100% -24- Sale of Map and Publications $ 500.00 59.6% $ 298.00 40.4% $ 202.00 100% Photocopying Charges $ 1,500.00 59.6% $ 894.00 40.4% $ 606.00 100% License Hearing Fees $ 100.00 59.6% $ 59.60 40.4% $ 40.40 100% Other Fees and Charges $ 250.00 59.6% $ 149.00 40.4% $ 101.00 100% Plan Check Fees $ 102;440.00 58.2% $ 59,620.08 41.8% $ 42,819.92 100% Subdivision Review Fees $ 165,000.00 58.2% $ 96;030.00 41.8% $ 68,970.00 100% Design Review Fees $ 21,182.00 58.2% $ 12,327.92 41.8% $ 8,854.08 100% Animal Control Fees $ 1,200.00 100.0% $ 1,200.00 0.0% $ - 100% Abatement Services $ 1;200.00 59.6% $ 715.20 40.4% $ 4844.80 100% Police Reports $ 1,200.00 59.6% $ 715.20 40.4% $ 4841.80 100% Police Contract Services $ 6,750.00 59.6% $ 4,023.00 40.4% $ 2,727.00 100% Fingerprinting Fees $ 1,250.00 59.6% $ 745.00 40.4% $ 505.00 100% VIN Inspection Fees $ 14,000.00 59.6% $ 8,344.00 40.4% $ 5,656.00 100% Sherwood Meadows Maintenance Charges $ 10,000.00 100.0% $ 10,000.00 0.0% $ - 100% Village at (Avon) Municipal Services $ 17,397.00 59.6% $ 10,368.61 40.4% $ 7,028.39 100% Subtotal: General Govern. $ 343,969.00 59.7% $ 205,489.62 40.3% $ 138,479.38 100% Recreation Facility: Admission Fees $ 950.000.00 100.0% $ 950,000.00 0.0% $ - 100% Program Fees $ 45,163.00 100.0% $ 45,163.00 0.0% $ - 100% Rentals $ 5;001.00 100.0% $ 5,001.00 0.0% $ - 100% Merchandise Sales $ 17,730.00 100.0% $ 17,730.00 0.0% $ - 100% Childcare $ 13.875.00 100.0% $ 13,875.00 0.0% $ - 100% Ree Center Services $ 6,500.00 100.0% $ 6,500.00 0.0% $ - 100% Fitness Program Revenues $ 15.250.00 100.0% $ 15,250.00 0.0% $ - 100% Other Recreation: Adult Program Revenues $ 22.500.00 100.0% $ 22,500.00 0.0% $ - 100% Cabin Equipment Rentals $ 43,000.00 100.0% $ 43,000.00 0.0% $ - 100% Athletic Field Rentals $ 43100.00 100.0% $ 4,100.00 0.0% $ - 100% Cabin Concessions $ 8.000.00 100.0% $ 8,000.00 0.0% $ - 100% Youth Program Revenues $ 77,500.00 100.0% $ 77,500.00 0.0% $ - 100% Sponsorships $ 15,000.00 0.0% $ - 100.0% $ 15,000.00 100% Advertisements $ 1.500.00 0.0% $ - 100.0% $ 1,500.00 100% Event Fees $ 13,775.00 100.0% $ 13,775.00 0.0% $ - 100% Subtotal: Recreation $ 1,238,894.00 98.7% $ 1,222,394.00 1.3% $ 16,500).00 100% Total Charges for Services $ 1,582,863.00 90.2% $ 1,427,883.62 9.8% $ 154,97908 100% Fines and Forfeitures: Court Fines - Traffic $ 20.000.00 59.6% $ 11,920.00 40.4% $ 8.080).00 100% Court Fines - Criminal $ 30.000.00 59.6% $ 17,880.00 40.4% $ 12,1201.00 100% Court Fines - Parking $ 5.000.00 59.6% $ 2.980.00 40.4% $ 2,0201.00 100% Court Fines - General $ 250.00 59.6% $ 149.00 40.4% $ 101..00 100% Court Costs $ 3.000.00 59.6% $ 1,788.00 40.4% $ 1,2121.00 100% Jury Fees $ 200.00 59.6% $ 119.20 40.4% $ 80).80 100% Bond Forfeitures $ 200.00 59.6% $ 119.20 40.4% $ 80.80 100% Miscellaneous Court Revenues $ 25.00 59.6% $ 14.90 40.4% $ 10:.10 100% Total Fines and Forfeitures $ 58,675.00 59.6% $ 34,970.30 40.4% $ 23,7041.70 100% -25- Investment Earnings: Interest Total Investment Earnings Other Revenues: Recreational Amenity Fees Miscellaneous Non-classified Revenues Total Other Revenues $ 125,000.00 59.6% $ 74,500.00 40.4% $ 50,500.00 100% $ 125,000.00 59.6% $ 74,500.00 40.4% $ 50,500.00 100% $ 75,000.00 100.0% $ 75,000.00 0.0% $ - 100% $ 70,000.00 59.6% $ 41,720.00 40.4% $ 28,280.00 100% $ 145,000.00 80.5% $ 116,720.00 19.5% $ 28,280.00 100% Item $ Total % Res $ Residential Mall Maintenance Fund #21 Other Revenue $ 52,149.00 0.0% $ - Total Revenues $ 52,149.00 0.0% $ - Employee Housing Fund #23 Rental Revenues - Employees $ 27,241 100.0% $ 27.241.00 Employee Housing Maintenance 350 100.0% $ 350.00 Total Revenues $ 27,591.00 100.0% $ 27,591.00 Water Fund #24 Charges for Services $ 448,800.00 59.6% $ 267.484.80 Investment Earnings $ 45,000.00 59.6% $ 26,820.00 Total Revenues $ 493,800.00 59.6% $ 294,304.80 Debt Service Fund #31 General Property Taxes $ 787,103.00 59.6% $ 469,113.39 Total Revenues $ 787,103.00 59.6% $ 469,113.39 Wildridge SID Fund #32 Special Assessments: Principal $ 33,000.00 100.0% $ 33.000.00 Interest $ 13,500.00 100.0% $ 13.500.00 Investment Earnings: Interest $ 650.00 100.0% $ 650.00 Total Revenues $ 47,150.00 100.0% $ 47,150.00 ARID Debt Service Fund 03 Property Tax - Current $ 487,072.00 59.6% $ 290.294.91 Total Revenues $ 487,072.00 59.6% $ 290,294.91 Finance Authority Debt Service Fund 434 Investment Earnings $ 15,500.00 59.6% $ 9.238.00 Total Revenues $ 15,500.00 59.6% $ 9.238.00 Capital Projects Fund #41 % Com $ Commercial Uni 100.0% $ 52,149.00 100% 100.0% $ 52,149.00 100% 0.0% $ - 100% 0.0% $ - 100% 0.0% $ - 100%° 40.4% $ 181,315.20 100% 40.4% $ 18,180.00 100% 40.4% $ 199,495.20 100% 40.4% $ 317,989.61 100% 40.4% $ 317,989.61 100% 0.0% $ 0.0% $ 0.0% $ 0.0% $ - 100% - 100% - 100% - 100% 40.4% $ 196,777.09 100% 40.4% $ 196,777.09 100% 40.4% $ 6.262.00 100% 40.4% $ 6.262.00 100% Taxes $ 1,500.000.00 59.6% $ 894.000.00 40.4% $ 606.000.00 100% -26- Intergovernmental $ 1,166,415.00 59.6% $ 695,183.34 40.4% $ 471,231.66 100% Investment Earnings $ 45,976.00 59.6% $ 27,401.70 40.4% $ 18,574.30 100% Other Revenue $ 33,500.00 59.6% $ 19,966.00 40.4% $ 13,534.00 100% Total Revenues $ 2,745,891.00 59.6% S 1,636,551.04 40.4% $ 1,109,339.96 100% Transit Enterprise Fund H52 Taxes $ 275,000.00 59.6% $ 163,900.00 40.4% $ 111,100.00 100% Charges for Services $ 880,017.00 59.6% $ 524,490.13 40.4% $ 355,526.87 100% Total Revenues $ 1,155,017.00 59.6% $ 688,390.13 40.4% $ 466,626.87 100% Sherwood Meadows Enterprise Fund H 53 Charges for Services $ 99,200.00 100.0% $ 99,200.00 0.0% $ - 100% Total Revenues $ 99,200.00 100.0% $ 99,200.00 0.0% $ - 100% Fleet Maintenance Fund H61 Charges for Services: Fleet Maintenance Charges $ 1,237,717.00 59.6% $ 737,679.33 40.4% $ 5007037.67 100% Wash Bay Charges $ 71,238.00 59.6% $ 42,457.85 40.4% $ 28,780.15 100% Sales of Fuel $ 38,229.00 59.6% $ 22,784.48 40.4% $ 15,444.52 100% Other Revenues: Insurance Reimbursements $ 25,000.00 59.6% $ 14,900.00 40.4% $ 10,100.00 100% Miscellaneous Non-classified Revenues $ 1,000.00 59.6% $ 596.00 40.4% $ 404.00 100% Total Revenues $ 1,373,184.00 59.6% $ 818,417.66 40.4% $ 554,766.34 100% Equipment Replacement Fund 463 Charges for Services $ 137,226.00 59.6% $ 81,786.70 40.40/. $ 55,439.30 100% Other Revenue $ 25,290.00 59.6% $ 15,072.84 40.4% $ 10,217.16 100% Total Revenues $ 162,516.00 59.6% $ 96,859.54 40.4% $ 65,656.46 100% TOTAL 0TH>JR FU b i REVENUES 7,446,173.00 601%... $ :.;4,477,110 d7, '- .39.9%,= 2,964,062.53 1€ID% -27- APPENDIX D Town of Avon Expenditure Allocation for 2002 Municipal Expenditures by Program (2002 Revised Final Budget) Item $ Total % Res $ Residential % Com $ Commercial Uni General Administration Mayor and Town Council $ 101,138.00 59.6% $ 60,278.25 40.4% $ 40,859.75 100% Boards and Commissions $ 16,695-00 59.6% $ 9,950.22 40.4% $ 6,744.78 100% Town Attorney $ 79,941-00 59.6% $ 47,644.84 40.4% $ 32,296..116 100% Public Relations $ 266,185-00 59.6% $ 158,646.26 40.4% $ 107,538.74 100% Town Clerk $ 85,691.00 59.6% $ 51,071.84 40.4% $ 34,619.116 100% Municipal Court $ 72,403-00 59.6% $ 43,152.19 40.4% $ 29,250.«31 100% Town Manager $ 311,140-00 59.6% $ 185,439.44 40.4% $ 125,700.56 100% Human Resources $ 151,765-00 59.6% $ 90,451.94 40.4% $ 61,313.106 100% Non-departmental $ 307,255.00 59.6% $ 183,123.98 40.4% $ 124,131.02 100% Sherwood Meadows (* 1) $ 82,414-00 100.0% $ 82,414.00 0.0% $ - 100% Employee Housing Master Lease Program (*2) $ 23,405.00 100.0% $ 23,405.00 0.0% $ - 100% Total General Administration Expenditures $ 1,498,032.00 62.5% $ 935,577.95 37.5% $ 562,454.105 100% Finance Finance $ 459,988.00 59.6% $ 274,152.85 40.4% $ 185,835.115 100% Information Systems $ 164,851.00 59.6% $ 98,251.20 40.4% $ 66,599.50 100% Total Finance Expenditures $ 624,839.00 59.6% $ 372,404.04 40.4% $ 252,434.96 100% Community Development Administration $ Planning $ Building Inspection $ Total Community Development Expenditures $ Police (*3 Federal Grants) Administration $ Patrol $ Investigations $ Neighborhood Services $ Total Police Expenditures $ Public Works Administration $ Roads and Streets $ Facilities Maintenance $ Parks $ Mall Maintenance (*4) $ Total Public Works Expenditures $ Engineering Engineering $ Water Utilities (*5) S 115,366.00 59.6% $ 68,758.14 40.2% $ 46,377.113 100% 128,660-00 58.2% $ 74,880.12 41.8% $ 53,779.188 100% 251,130-00 58.2% $ 146,157.66 41.8% $ 104,972.34 100% 495,156.00 58.5% $ 289,795.92 41.4% $ 205,129.35 100% 332,096.00 59.6% $ 197.929.22 40.4% $ 134,166.78 100% 1,062.568.00 59.6% $ 633,290.53 40.4% $ 429,277.417 100% 79,853.00 59.6% $ 47,592.39 40.4% $ 32,260.61 100% 83.432.00 100.0% $ 83,432.00 0.0% $ - 100% 1,557,949.00 61.8% $ 962,244.13 38.2% $ 595,704.187 100% 156360.00 59.6% $ 93,190.56 40.4% $ 63,169.314 100% 840,271.00 59.6% $ 500.801.52 40.4% $ 339.469.418 100% 44],]34.00 59.6% $ 262,915.86 40.4% $ 178,218.114 100% 793,291.00 100.0% $ 793,291.00 0.0% $ - 100% 90.489.00 0.0% $ - 100.0% $ 90.489.00 100% 2,321,545.00 71.1% $ 1,650,198.94 28.9% $ 671,346.(96 100% 337.681.00 59.6% $ 201.257.88 40.4% $ 136.423.112 100% 295.912.00 59.6% $ 176.363.55 40.4% S 119.548.415 100% -28- Total Engineering Expenditures $ 633,593.00 59.6% $ 377,621.43 40.4% $ 255,971.57 100% p A y I Transportation (*6, *7, *8 Administration $ 239,787.00 59.6% $ 142,913.05 40.4% $ 96,873.95 100% Operations $ 1,454,503.00 59.6% $ 866,883.79 40.4% $ 587,619.21 100% Marketing $ 43,286.00 59.6% $ 25,798.46 40.4% $ 17,487.54 100% Total Transportation Expenditures $ 1,737,576.00 59.6% $ 1,035,595.30 40.4% $ 701,980.70 100% Fleet Maintenance (*9 Fleet Maintenance $ 809,642.00 59.6% $ 482,546.63 40.4% $ 327,095.37 100% Wash bay Facility $ 161,521.00 59.6% $ 96,266.52 40.4% $ 65,254.48 100% Total Fleet Maintenance Expenditures $ 971,163.00 59.6% $ 578,813.15 40.4% $ 392,349.85 100% Recreation Special Events $ 144;214.00 100.0% $ 144,214.00 0.0% $ - 100% Administration $ 350,395.00 100.0% $ 350,395.00 0.0% $ - 100% Adult Programs $ 128,682.00 100.0% $ 128,682.00 0.0% $ - 100°/. Aquatics $ 395,640.00 100.0% $ 395,640.00 0.0% $ - 100% Child Care $ 73,983.00 100.0% $ 73,983.00 0.0% $ - 100% Fitness $ 147,172.00 100.0% $ 147,172.00 0.0% $ - 100% Front Desk $ 252,267.00 100.0% $ 252,267.00 0.0% $ - 100% Maintenance $ 518,188.00 100.0% $ 518,188.00 0.0% $ - 100% Youth Programs $ 99,369.00 100.0% $ 99,369.00 0.0% $ - 100°/. Total Recreation Expenditures $ 2,109,910.00 100.0% $ 2,109,910.00 0.0% $ - 100% * Denotes source of revenues other than General Fund Total AlunicipaI Services Expenditures $ 11,949,763 00 69.6% 2,.160 85 : , 30.4..°la $,' _ 3,637,37j_',42 Item $ Total % Res $ Residential % Com $ Commercial Uni Debt Service Fund #331 Debt Service: Series 1996. G.O. Refunding Bonds: Principal $ 385,000.00 59.6% $ 229,460.00 40.4% $ 155,540.00 100°/. Interest $ 159,21100 59.6% $ 94,890.95 40.4% $ 64,322.05 100% Series 1997, G.O. Bonds 'B' Coupons and Compound Interest $ 25,000.00 59.6% $ 14,900.00 40.4% $ 10,100.00 100% Principal $ 5,000.00 59.6% $ 2,980.00 40.4% $ 2,020.00 100% Interest $ 187,148.00 59.6% $ 111,540.21 40.4% $ 75.607.79 100% Series 1999. Sales Tax Revenue Refu nding Bonds Principal $ 2957000.00 59.6% $ 175,820.00 40.4% $ 119,180.00 100% Interest $ 195,740.00 59.6% S 116,661.04 40.4% $ 79.078.96 100% Fiscal Agent Fees $ 10,000.00 59.6% $ 5;960.00 40.4% $ 4.040.00 100% County Treasurer Fees $ 15,742.00 59.6% S 9,382.23 40.4°6 $ 6.359.77 100% Total Expenditures $ 1,277,843.00 59.6% S 761,594.43 40.4% $ 516.248.57 100% Wildridge SID Fund 032 -29- Debt Service: Series 1990, Wildridge S.I.D Bonds Principal $ 55,000.00 100.0% $ 55,000.00 0.0% $ - 100% Interest $ 19,987.00 100.0% $ 19,987.00 0.0% $ - 100% Fiscal Agent Fees $ 500.00 100.0% $ 500.00 0.0% $ - 100% County Treasurer Fees $ 1,400.00 100.0% $ 1,400.00 0.0% $ - 100% Total Expenditures $ 76,887.00 100.0% $ 76,887.00 0.0% $ - 100% AMD Debt Service Fund #33 Debt Service: Series 2001, G.O. Refunding Bonds: Principal $ 3307000.00 59.6% $ 196,680.00 40.4% $ 133,320.00 100% Interest $ 138,460.00 59.6% $ 82,522.16 40.4% $ 55,937.84 100% Fiscal Agent Fees $ 4,000.00 59.6% $ 2,384.00 40.4% $ 1,616.00 100% County Treasurer Fees $ 14,612.00 59.6% $ 8,708.75 40.4% $ 5,903.25 100% Total Expenditures $ 487,072.00 59.6% $ 290,294.91 40.4% $ 196,777.09 100% Finance Authority Debt Service Fund #34 Debt Service: Series 2000. Certificates of Participation: Principal $ 75,000.00 59.6% $ 44,700.00 40.4% $ 30,300.00 100% Interest $ 120,508.00 59.6% $ 71,822.77 40.4% $ 48,685.23 100% Fiscal Agent Fees $ 1,000.00 59.6% $ 596.00 40.4% $ 404.00 100% Series 1998, Certificates of Participation: Principal $ 250.000.00 59.6% $ 149,000.00 40.4% $ 101,000.00 100% Interest $ 303,563.00 59.6% $ 180,923.55 40.4% $ 122,639.45 100% Fiscal Agent Fees $ 2,000.00 59.6% $ 1,192.00 40.4% $ 808.00 100% Total Expenditures $ 752,071.00 59.6% $ 448,234.32 40.4% $ 303,836.68 100% Capital Projects Fund #41 Capital Improvements: Facilities $ 91,330.00 65.7% $ 60.003.81 34.3% $ 31,326.19 100% Land and Land Improvements $ 300.000.00 59.6% $ 178.800.00 40.4% $ 121.200.00 100% Roads and Streets $ 3,6887458.00 45.7% $ 1.685.625.31 54.3% $ 2,002,832.69 100% Storm Nvater and Drainage $ 635.000.00 59.6% $ 378.460.00 40.4% $ 256,540.00 100% Development Services $ 510.000.00 59.6% $ 303.960.00 40.4% $ 206,040.00 100% Strategic Planning $ 42.300.00 59.6% $ 25.210.80 40.4% $ 17,089.20 100% Developer Rebates $ 300.000.00 100.0% $ 300.000.00 0.0% $ - 100% Communications $ 6.000.00 59.6% $ 3,576.00 40.4% $ 2,424.00 100% Debt Service: Capital Lease Payments $ 41,070.00 59.6% $ 24,477.72 40.4% $ 16,592.28 100% Total Expenditures $ 5,614,158.00 52.7% S 2,960,113.64 47.3% $ 2,654,044.36 100% Equipment Replacement Fund #63 Capital Outlay: Fleet and Heavy Equipment $ 337000.00 59.6% $ 19.668.00 40.4° $ 13.332.00 100% Recreation Center Equipment $ 85.786.00 100.0% $ 85.786.00 0.0% $ - 100% -30- Computer and Office Equipment $ 11,528.00 59.6% $ 6,870.69 40.4% $ 4,657.31 100% Total Expenditures $ 130,314.00 86.2% $ 112,324.69 13.8% $ 17,989.31 100% Mall Maintenance Fund #121 (*4 Mall Fund) Employee Housing Fund #f23 (*2 Emp House Fund) Water Fund 424 (*5 Water Fund) Transit Enterprise Fund 952 (*6 General Fund Subsidy, *7 Accommodations Tax, *8 Transportation Revenues) Sherwood Meadows Enterprise Fund 453 (*l Sherwood Meadows Fund) Fleet ]Maintenance Fund 461 (*9 Fleet Maintenance Fund) ota.Ot7fer,Fund Eapezdtge.? „.$ _8,338,345 00 , .58°l0, S; _, x,649,4489$ u_,,, 44Z°% ... $_ _ 3,688,$9602.: 1000,0 -31 - APPENDIX E Town of Avon Alternative Expenditure Allocation for 2002 Municipal Expenditures by Program (2002 Revised Final Budget) Item $ Total % Res $ Residential % Com $ Commercial Uni General Administration Mayor and Town Council $ 101,138.00 83.1% $ 84,045.68 16.9% $ 17,092.32 100% Boards and Commissions $ 16,695.00 83.1% $ 13,873.55 16.9% $ 2,821.46 100% Town Attorney $ 79,941.00 83.1% $ 66,430.97 16.9% $ 13,510.03 100% Public Relations $ 266,185.00 83.1% $ 221,199.74 16.9% $ 44,985.27 100% Town Clerk $ 85,691.00 83.1% $ 71,209.22 16.9% $ 14,481.78 100% Municipal Court $ 72,403.00 83.1% $ 60,166.89 16.9% $ 12,236.11 100% Town Manager $ 311,140.00 83.1% $ 258,557.34 16.9% $ 52,582.66 100% Human Resources $ 151,765.00 83.1% $ 126,116.72 16.9% $ 25,648.29 100% Non-departmental $ 307,255.00 83.1% $ 255,328.91 16.9% $ 51,926.10 100% Sherwood Meadows (*1) $ 82,414.00 100.0% $ 82,414.00 0.0% $ - 100% Employee Housing Master Lease Program (*2) $ 23,405.00 100.0% $ 23,405.00 0.0% $ - 100% Total General Administration Expenditures $ 1,498,032.00 84.3% $ 1,262,748.00 15.7% $ 235,284.00 100% Finance Finance $ 459,988.00 83.1% $ 382,250.03 16.9% $ 77,737.97 100% Information Systems $ 164,851.00 83.1% $ 136,991.18 16.9% $ 27,859.82 100°b Total Finance Expenditures $ 624,839.00 83.1% $ 519,241.21 16.9% $ 105,597.79 100% Community Development Administration $ 115,366.00 83.1% $ 95,869.15 16.9% $ 19,496.85 100% Planning $ 128,660.00 83.1% $ 106,916.46 16.9% $ 21,743.54 100% Building Inspection $ 251,130.00 83.1% $ 208,689.03 16.9% $ 42,440.97 100% Total Community Development Expenditures $ 495,156.00 83.1% $ 411,474.64 16.9% $ 83,681.36 100% Police (*3 Federal Grants Administration $ 332,096.00 83.1% $ 275.971.78 16.9% $ 56.124.22 100% Patrol $ 1,062.568.00 83.1% $ 882,994.01 16.9% $ 179.573.99 100% Investigations $ 79,853.00 83.1% $ 66,357.84 16.9% $ 13,495.16 100% Neighborhood Services $ 83,432.00 100.0% $ 83,432.00 0.0% $ - 100% Total Police Expenditures $ 1,557,949.00 84.0% $ 1,308,755.63 16.0% $ 249,193.37 100% Public Works Administration $ 156,360.00 83.1% $ 129,935.16 16.9% $ 26;424.84 100% Roads and Streets $ 840,271.00 83.1% $ 698.265.20 16.9% $ 142.005.80 100% Facilities Maintenance $ 441,134.00 83.1% $ 366,582.35 16.9% $ 74,551.65 100% Parks $ 793,291.00 100.0% $ 793,291.00 0.0% $ - 100% Mall Maintenance (*4) $ 90,489.00 0.0% $ - 100.0% $ 90,489.00 100% Total Public Works Expenditures $ 2,321,545.00 85.6% $ 1,988,073.72 14.4% $ 333,471.29 100% Engineering Engineering $ 337,681.00 83.1% $ 280.612.91 16.9°/, $ 57.068.09 100% Neater Utilities (*5) $ 295,912.00 83.1% $ 245.902.87 16.9% $ 50.009.13 100% -3 - Total Engineering Expenditures $ 633,593.00 83.1% $ 526,515.78 16.9% $ 107,077.22 1004/° Transportation (*6, *7, *8 Administration $ 239,787.00 83.1% $ 199,263.00 16.9% $ 40,524.00 100% Operations $ 1,454,503.00 83.1% $ 1,208,691.99 16.9% $ 245,811.01 1001% Marketing $ 43,286.00 83.1% $ 35,970.67 16.9% $ 7,315.33 1001% Total Transportation Expenditures $ 1,737,576.00 83.1% $ 1,443,925.66 16.9% $ 293,650.34 100d% Fleet Maintenance (*9 Fleet Maintenance $ 809,642.00 83.1% $ 672,812.50 16.9% $ 1367829.50 100% Wash bay Facility $ 161,521.00 83.1% $ 134,223.95 16.9% $ 27,297.05 100% Total Fleet Maintenance Expenditures $ 971,163.00 83.1% $ 807,036.45 16.9% $ 164,126.55 i0ow% Recreation Special Events $ 144,214.00 100.0% S 144,214.00 0.0% $ - 100% Administration $ 350,395.00 100-0% $ 350,395.00 0.0% $ - 100% Adult Programs $ 128,682.00 100.0% $ 128,682.00 0.0% $ - .1 100% Aquatics $ 395,640.00 100.0% $ 395,640.00 0.0% $ - 100% Child Care $ 73,983.00 100-0% $ 73,983.00 0.0% $ - 10(0% Fitness $ 147,172.00 100-0% $ 147,172.00 0.0% $ - 100% Front Desk $ 252,267.00 100.0% $ 252,267.00 0.0% $ - i00% Maintenance $ 518,188.00 100-0% S 518,188.00 0.0% $ - 100% Youth Programs $ 99,369.00 100-0% $ 99,369.00 0.0% $ - 100% Total Recreation Expenditures $ 2,109,910.00 100-0% $ 2,109,910.00 0.0% $ - 00)% * Denotes source of revenues other th an General Fund c Total Municipal Servires r < Expenditures ,,.. r ;.$ 111,949,763 OQ 86 8°la ; . 10,377,G8i 08, 13 2,% .' : 1,72,08192r , _ . .. _ . __ , , • . _._ . Item $ Total % Res $ Residential % Com S Commercial U Debt Service Fund #31 Debt Service: Series 1996, G.O. Refunding Bonds: Principal $ 385,000.00 83.1% $ 319,935.00 16.9% $ 65,065.00 100% Interest $ 1597213.00 83.10/c $ 132,306.00 16.9% $ 26,907.00 1010% Series 1997. G.O. Bonds 'B' Coupons and Compound Interest $ 25,000.00 83.1% $ 20,775.00 16.9% $ 4,225.00 10(0% Principal $ 5,000.00 83.1% $ 4,155.00 16.9% $ 845.00 10(0% Interest $ 1877148.00 83.1% S 155,519.99 16.9% $ 31,628.01 10(0% Series 1999, Sales Tax Revenue Refunding Bonds Principal $ 295,000.00 83.1% S 245.145.00 16.9% $ 49,855.00 10(0% Interest $ 195.740.00 83.1% $ 162.659.94 16.9% $ 33.080.06 100% Fiscal Agent Fees $ 10,000.00 83.1% S 8,310.00 16.9% $ 1,690.00 100% County Treasurer Fees $ 15,742.00 83.1% S 13,081.60 16.9% $ 21660.40 10(0% Total Expenditures $ 1,277,843.00 83.1% S 1,061,887.53 16.9% $ 215,965.47 1001% w? E? Q Wildridge SID Fund #32 Debt Service: Series 1990, Wildridge S.I.D. Bonds Principal $ 55,000.00 100.0% $ 55,000.00 0.0% $ - Interest $ 19,987.00 100.0% $ 19,987.00 0.0% $ - Fiscal Agent Fees $ 500.00 100.0% $ 500.00 0.0% $ - County Treasurer Fees $ 1,400.00 100.0% $ 1,400.00 0.0% $ - Total Expenditures $ 76,887.00 100.0% $ 76,887.00 0.0% $ - ANID Debt Service Fund #33 Debt Service: Series 2001, G.O. Refunding Bonds: Principal $ 3307000.00 83.1% $ 274,230.00 16.9% $ 55,770.00 Interest $ 138,460.00 83.1% $ 115,060.26 16.9% $ 23,399.74 Fiscal Agent Fees $ 4,000.00 83.1% $ 3,324.00 16.9% $ 676.00 County Treasurer Fees $ 14,612.00 83.1% $ 12,142.57 16.9% $ 2,469.43 Total Expenditures $ 487,072.00 83.1% $ 404,756.83 16.9% $ 82,315.17 Finance Authority Debt Service Fun d #34 Debt Service: Series 2000. Certificates of Participation: Principal $ 75,000.00 83.1% $ 62,325.00 16.9% $ 12,675.00 Interest $ 120,508.00 83.1% $ 100,142.15 16.9% $ 20,365.85 Fiscal Agent Fees $ 1,000.00 83.1% $ 831.00 16.9% $ 169.00 Series 1998. Certificates of Participation: Principal $ 250,000.00 83.1% $ 207,750.00 16.9% $ 42,250.00 Interest $ 303,563.00 83.1% $ 252,260.85 16.9% $ 51,302.15 Fiscal Agent Fees $ 23000.00 83.1% $ 1,662.00 16.9% $ 338.00 Total Expenditures $ 752,071.00 83.1% $ 624,971.00 16-9% $ 127,100.00 Capital Projects Fund #41 Capital Improvements: Facilities $ 91,330.00 65.7% $ 60,003.81 34.3% $ 31,326.19 Land and Land Improvements $ 300,000.00 83.1% $ 249,300.00 16.9% $ 50,700.00 Roads and Streets $ 3,688;458.00 45.7% $ 1,685,625.31 54.3% $ 2,002,832.69 Stone water and Drainage $ 635,000.00 83.1% $ 5277685.00 16.9% $ 107,315.00 Development Services $ 510,000.00 83.1% $ 423,810.00 16.9% $ 86,190.00 Strategic Planning $ 42.300.00 83.1% $ 35,151.30 16.9% $ 7,148.70 Developer Rebates $ 300,000.00 100.0% $ 300,000.00 0.0% $ - Communications $ 6,000.00 83.1% $ 4,986.00 16.9% $ 1,014.00 Debt Service: Capital Lease Payments $ 41,070.00 83.1% $ 34,129.17 16.9% $ 6,940.83 Total Expenditures $ 5,614,158.00 59.1% $ 3,320,690.59 40-9% $ 2,293,467.41 Equipment Replacement Fund #63 Capital Outlay: -34- 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 190% 100% 100% 1.00% 100% 1.00% 100% 1 !00% 100% 100% 100% 1't00% U00% ] (00% 100% 0 B d P p s 1 1 1 Fleet and Heavy Equipment $ 33;000.00 83.1% $ 27,423.00 16.9% $ 5,577.00 100% Recreation Center Equipment $ 85,786-00 100.0% $ 85,786.00 0.0% $ - 100% Computer and Office Equipment $ 117528.00 83.1% $ 9,579.77 16.9% $ 1,948.23 100% Total Expenditures $ 130,314.00 94.2% $ 122,788.77 5.8% $ 7,525.23 100% Mail Maintenance Fund #21 (*4 Mall Fund) Employee Housing Fund #23 (*2 Emp House Fund) Water Fund #24 (*5 Water Fund) Transit Enterprise Fund #52 (*6 General Fund Subsidy, *7 Accommodations Tax, *8 Transportation Revenues) Sherwood Meadows Enterprise Fund #53 (*1 Sherwood Meadows Fund) Fleet Maintenance Fund 461 (*9 Fleet Maintenance Fund) R A s 5 Za APPENDIX F Town of Avon :Prima Land Use Cateaories Legend Residential Properties Commercial Properties Undeveloped Properties Government/Public Properties IM Public Lands and Public Right of Way r Not to Scale / Town Area Approximately 9.0 sq. miles Source: Town of Avon 1 May 14, 2003 Disclaimer: The Town of Avon does not warrant the accuracy of the data presented herein, and this data should be used for reference purposes only. -36- Memo To: Honorable Mayor and Members of Council Thru: Larry Brooks, Town Manager Jacquie Halburnt, Assistant Town Manager From: Jeff Layman, Chief of Police Steve Hodges and Chris Peck, Police Officers Date: September 15, 2003 Re: Tractor-Trailer Traffic on Metcalf Road Summary: It has been reported that trucks, particularly tractor-trailers, delivering to the cominercial properties on Metcalf Road impede the flow of traffic. In the past twelve months there is record of two related complaints, both complaints were associated with 371 Metcalf Rd. Staff believes that there is no need to address this concern by adoption of a new ordinance. Existing sections of the Model Traffic Code and Colorado Revised Statute adequately address this area of concern. Previous Council Action: This topic was discussed by Council in a work session in 2000. No formal action was taken. It was felt that trucks delivering to the area, estimated at three to five trucks per week, represented an insignificant problem. Discussion: The businesses that occupy 371 Metcalf, along with other businesses on Metcalf Road, were surveyed by police officers about the frequency of deliveries and type of delivery vehicles related to their business and neighboring businesses on Metcalf Rd. There are three businesses on Metcalf Road that receive regular deliveries by tractor-trailer: Ruggs Benedict, Schneider Mechanical and Maverick Flooring. Several of the other businesses receive sporadic deliveries by tractor-trailer with a frequency of no more than one a month. Schneider Mechanical and Maverick Flooring are located at 371 Metcalf Road, the location of both of the recorded complaints about trucks impeding traffic. Between the two businesses there are about six tractor-trailer deliveries a month, two to Schneider Mechanical and four to Maverick Flooring. 371 Metcalf Rd. does meet engineering standards for maneuvering a tractor-trailer on site, but due to the relatively small area, most of the tractor-trailer drivers use the roadway to increase their maneuvering space. There are a number of current municipal ordinances and state statutes that can be used to address this concern. They include: Municipal Ordinances • 10. Parking to obstruct traffic No person shall park any vehicle upon a street or at any other place within this municipality in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance. (Ord. 87-4 § 1(part))• Model Traffic Code • 902 Limitations on turning around (1) No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic. (2) The driver of any vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic. (3) Local and state authorities, within their respective jurisdictions, subject to the provisions of section 43-2-135 (1) (g), C.R.S., in the case of streets which are state highways, may erect "U-turn" prohibition or restriction signs at intersections or other locations where such movements are deemed to be hazardous, and, whenever official signs are so erected, no driver of a vehicle shall disobey the instructions thereof. • 1202 Parking or abandonment of vehicles No person shall stop, park, or leave standing any vehicle, either attended or unattended, outside of a business or a residential district, upon the paved or improved and main- traveled part of the highway. Nothing contained in this section shall apply to the driver of any vehicle which is disabled while on the paved or improved and main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to the emergency lighting requirements set forth in section 230. 0 Page 2 • 1211 Limitations on backing (1) (a) The driver of a vehicle, whether on public property or private property which is used by the general public for parking purposes, shall not back the same unless such movement can be made with safety and without interfering with other traffic. (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. (2) Any person who violates any provision of this section commits a class A traffic infraction. C.R.S • 18-9-107 Obstructing highway or other passageway (1) An individual or corporation commits an offense if without legal privilege such individual or corporation intentionally, knowingly, or recklessly: (a) Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or (b) Disobeys a reasonable request or order to move issued by a person the individual or corporation knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. (2) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous. (3) An offense under this section is a class 3 misdemeanor. Recommendation: Staff believes that the enforcement of the foregoing provisions is the best way to address the issue of the parking of overlength trucks. Should this solution be chosen, members of the Avon Police Department will re- contact businesses in the area and serve notice of the Town's desires. A media release will also describe the solution. Educating motorists to report impeding trucks to the Avon Police Department (non- emergency dispatch number, 479-2201) would be an inexpensive and time-saving way to implement this solution. It would allow officers to address the problem within minutes of it occurring. Signs would be placed in the area with the wording: 0 Page 3 TRUCKS BLOCKING TRAFFIC? CALL 479-2201 AVON POLICE DEPARTMENT One note of caution: Police officers would not likely arrive in time to see the violation. Complainants would be required to sign the ticket or be recorded as complainant and testify at any subsequent court proceedings. It is possible that the trucking community, after a ticket or two, may choose not to deliver to the area, thereby upsetting Metcalf area merchants. Staff recommends that the proposed signs be placed and that the situation is monitored for at least a year before further council action is taken. Financial Implications: Materials costs for signs is approximately $300. There would be additional installation costs. Alternatives: Enactment of an ordinance, which prohibits overlength trucks from using Metcalf Road. This option, staff believes, goes too far and places an undue burden on deliveries to businesses on Metcalf Road. Monitor the area with video equipment to obtain exact numbers and proceed with the data. Town Manager Comments: 9 Page 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Ruth Borne, Director of Community Development ---- Date September 17, 2003 Re: Second Reading of Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado Public Hearing Summary On September 9, 2003 Council approved Ordinance 03-10 on first reading as proposed. Traer Creek LLC submitted a revised development plan and PUD Guide along with a revised traffic report and sketch plan subdivision on Monday, September 15 and made the following modifications: • RMF-1 decreased the density to 6 dwelling units per acre, which decreases the density from 244 to 184 and deleted all of the secondary/accessory units. • Planning Area Q deleted the 3.4 acres Regional Commercial site. The following items are outstanding concerns with the revised application: • The revised traffic report indicates a LOS "D". Please review the conditions contained in your packets for the sketch plan subdivision, Resolution 03-39. • The fire station location is no longer an element of the application. Staff recommends the applicant designate the fire station location on the Community Park as initially contemplated in 1998 (on Planning Area N), or alternately on Planning Area Q, and has added a condition in Ordinance 03-10 establishing this condition. • The PUD Guide for Planning Area Q does not contain the gas station and/or carwash as a special review use. After several meetings and review of this issue, staff has modified the condition in Ordinance 03-10 authorizing approval of the site plan and circulation through the Planning & Zoning process. Memo to Town Council, September 23, 2003 Page 1 of 2 Ordinance 03-10, VAA Formal PUD Amendment No. 1 • Staff recommends the accessory units remain as a permitted use on RMF-1 in the PUD Guide to allow for flexibility of the residential development, counting as full dwelling units against the proposed density. • To date, Eagle County School District has not provided any correspondence or Memorandum indicating the provisions for the school site, Planning Area G. A draft is expected prior to the disbursement of your packets on Friday, September 26. Recommendations Staff recommends tabling of Ordinance 03-10 with the revisions as proposed until a Memorandum of Understanding with the School District is formally executed. Additionally, in light of Staff discussion with the School District Attorney on September 17th 2003, it appears as though the basic premise of this application (moving the school site to RMF-4) may be unacceptable to the District without first securing access across U.S. Forest Service land as depicted on the plans. Proposed Motion "I move to table the second reading of Ordinance 03-10, Approving Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado." Town Manager Comments Attachments: -? • Letter from Shane Bohart dated September 15, 2003 • Revised PUD Guide for the Village (at Avon) • Revised Formal Amendment No.1 PUD Development Plan • Ordinance 03-10 Memo to Town Council, September 23, 2003 Page 2 of 2 Ordinance 03-10, VAA Formal PUD Amendment No. 1 Traer Creek, LL C September 15, 2003 Avon Town Council, Town Manager and Staff Post Office Box 975 Avon, CO 81620 RE: Traer Creek PUD Amendment - Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No. I for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado Honorable Mayor, Town Council, Town Manager and Staff, On behalf of Traer Creek LLC, we felt it important to provide this letter in regards to our current PUD Amendment under review and consideration. As you're aware, on Tuesday, September 9, 2003 Council voted to approve ordinance 03-10 on first reading and this application is now scheduled to go to second reading with Town Council and Public on September 23, 2003. It is our belief that the recent approval on first reading of this PUD Amendment and related ordinance was due to various reasons including but not limited to: P&Z's prior review and approval; various meetings between applicant and Town staff, a public hearing on August 26; a recent tour of site with the council, public and staff; and related work session with council, staff and applicant. Throughout this process, we have done our best to listen intently to your issues and concerns, work diligently and responsibly to address and resolve these issues and coilccnis. and ultimately create a PUD Amendment and related land use plan which will be beneficial to the Town of Avon and Eagle County. Some of the key modifications which we've made from our originally submitted PUD application, based upon both Town and Public comments include: • Conversion of a 3.6 Acres of Regional Commercial Area (Q West) to Park Land (N) • Agreement to establish a three party agreement (Memo of Understanding) between School District, Town and Developer in order to provide school district with a larger site (9 acres versus 7.3), move away from Interchange and locate school site on RMF-4 amongst residential. For reference, we are currently awaiting a draft agreement of the MOU from the school district attorney. • Agreement to reduce accessory units within RMF-1 from over 70 units originally proposed to 25 accessory units • Agreement to revise the LSC traffic study analysis to further indicate feasibility of densities as it relates to traffic north of I-70 TraerCrak GLC (Street Address) 0322 East Beaver Creek Blvd, Avon, CO 81620 (Mailing Address) PO Box 640, Vail, CO 81658 970.949.6776 970.748.8900 Fax Traer Creek PUD Amendment - Ordinance 03-10 PAGE 2 • Agreement to demonstrate sufficient water rights to provide service to RMF-4 and related development throughout prc;ect • Agreement to eliminate "in.,-?rval ownership" as an allowable use within RMF-1 • Agreement to construct a r-)ad to the school site (G) connecting to RMF-4 either via a northern route or via USFS at such time school District requires its site based upon the aforementioned Memorandum of Understanding • Continue to meet with the Forest Service and Western Land Group to facilitate an easement or land exchange to garner a direct access to RMF-4 through the USFS. Also we've requested letters of support in this regard from Town, School District, Eco Trails. • Agreement on 11 of the 14 staff conditions for ordinance 03-10 (excluding #5, #11, #14) Following the approval of the first reading of ordinance 03-10 on September 9, 2003 and related to recent Town Council and Staff comments, we again shall respond to councils comments and offer the following: • Elimination of all accessory units within RMF-1 from currently proposed 25 to 0 • Reduce total density on RMF-1 from 8 dwelling units an acre to 6 dwelling units an acre, which is equivalent and no change from the original and currently approved PUD densities within RMF-1 • Withdraw request to decrease PUD landscape requirement within RMF-1 residential from 15% to 20% and remain at 20% • Withdraw request to decrease PUD landscape requirement within Q regional commercial from 5% to 20% and remain at 20% In return, we respectfully request that Council approves on second reading, ordinance 03-10 with certain minor modifications. First, we have replaced the 3.6 acre regional commercial Q West parcel with Park Land (N) and thus the condition in #5 stating that 3.4 acres of useable park be replaced needs to be revised accordingly. Second, condition #11 in the ordinance which requires a special review use for service stations in Area Q should be stricken, as Traer Creek strongly believes this should be a use by right. Third, condition #14 regarding material representations should be stricken, as it is unacceptable and not binding. Thank you in advance for your consideration and we look forward to continuing a positive and mutually beneficial working relationship. Sincerel Shane Bohart, Vice President of Development Traer Creek LLC Cc: Magnus Lindholm, Manager, Traer Creek LLC Dave Kautz, Senior Vice President, Traer Creek LLC TOWN OF AVON ORDINANCE NO. 03-10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. 1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revision dated September 15, 2003; WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on June 17, 2003, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.l to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 26t1i day of August, 2003 and September 23, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: F:\Council\Ordinances\2003\Ord 03-10 VAA PUD Amend -Sept.23.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No. 1. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD Amendment No. 1 for The Village (at Avon) PUD is approved for Planning Areas RMF-1, RMF-4, G (school site), N (Community Park), M (Regional/Commercial), Q (Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RMF-4 formerly known as a part of Planning Area M consists of a maximum of 310 dwelling units limited to RMF-4 only and is in addition to the 2,400 dwelling units currently approved in The Village (at Avon) PUD Guide, Section D and the Annexation and Development Agreement recorded November 25, 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks, and utilities shall be completed prior to any development for each respective planning area: Planning Area Q, Planning Area G (school site), RMF-1 and/or RMF-4. 3. A final court decree of adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for the provision of water to RMF-4 as a prerequisite of final plat approval. F:\Counci l\0rdinances\2003\Ord 03-10 VAA PUD Amend -Sept.23.doc 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a final subdivision plat prior to commencement of any development or grading north of I-70. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RMF-l. Submit a detailed Park Plan for RMF-1 and RMF-4 in conjunction with a final subdivision plat that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. In the event approval for the proposed alignment is obtained from the Forest Service, then a public road as depicted on The Village (at Avon) PUD Development Plan Formal Amendment No.I will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on Planning Area G (school site) and/or RMF-4. 7. A continuous ECO trails bike path connection from Swift Gulch Road through RMF-1, RMF-4, Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specified by the Town of Avon. Additionally, the trail must be indicated on the Preliminary Subdivision Plan submittal. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4 or Planning Area G (school site), an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. In the interest of preserving development opportunities and ensuring the location of the school site, Planning Area G (school site) shall not again be relocated without compliance F:\Councd\Ordinances\2003\Ord 03-10 VAA PUD Amend -Sept.23.doc with the procedures for a formal amendment as set forth in the Village (at Avon) PUD Guide, Section H.2 and the Avon Municipal Code, Section 17.20.110K. 10. The School Site (Planning Area G) must be dedicated by Traer Creek LLC in accordance with the terms and conditions as provided by the Memorandum of Understanding ("MOU") dated , 2003 by and between the Town of Avon, Traer Creek LLC, and Eagle County School District RE-50J. A copy of the fully executed MOA is attached and incorporated herein. 11. The final design site plan for Planning Area Q shall require review and approval by the Planning & Zoning Commission for any automobile stations and/or carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF-4, Q, N, and G). 14. Designate the 1.0-acre fire site dedication on the Community Park (Planning Area N) or Planning Area Q. 15. Accessory units on RMF-1 will be a permitted use in the PUD Guide but shall be counted as a residential dwelling unit. 16. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, , 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. F:ACouncil\Ordinances\2003\0rd 03-10 VAA PUD Amend -Sept.23.doc Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk FXounci]\Ordinances\2003\Ord 03-10 VAA PUD Amend -Sept.23.doc The Village (at Avon) PUD Guide October 13, 15, 2003 RECEIVED S E P 15 2003 Community Development 356801.14 MLAYER The Village (at Avon) PUD Guide Oeteber- 13, 19 September 15, 2003 A. PURPOSE/GENERAL PROVISIONS 1. Purpose. This PUD Guide sets forth land uses and development in an area of the Town of Avon, County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted therein and accessory buildings and uses; and provides additional supplementary regulations. The Village (at Avon) is a large parcel of land under single development control and is suitable for creation of a Planned Unit Development (PUD). 2. Vested Property Rights. The Development Plan, together with the Annexation and Development Agreement and the approved subdivision Sketch Plan and any subsequently approved Preliminary Plans and Final Plats, together with any amendments to any of the foregoing, constitutes an approved "site- specific development plan" as defined in the Vested Property Rights Statute, Sections 24-68-101 et se . of the Colorado Revised Statutes and Section 17.14.100 of the Avon Municipal Code. Without limiting the generality of the foregoing, the owners of the property within The Village (at Avon) PUD shall have vested property rights to undertake and complete development and use of the Property as provided in the Development Plan, and as set forth in Article 3 of the Annexation and Development Agreement. The property rights so established shall be and remain vested for the term set forth in Section 1.3 of the Annexation and Development Agreement. Pursuant to Section 17.14.050 of the Avon Municipal Code: Approval of this plan constitutes a vested property right, pursuant to Article 68 of Title 24, C.R.S., as amended. 356801.14 MLAYER 3. General Provisions. (a) Control Over Use, Location and Bulk. After the effective date of approval of this PUD Guide, and subject to compliance with the Development Standards set forth in the Development Plan for the affected Planning Area and any additional or more restrictive standards and requirements set forth in the Design Review Guide or the Covenants: (i) Any new building or other structure, and any parcel of land, may be used; and (ii) The use of any existing building, other structure or parcel of land may be changed or extended; and (iii) The Design Review Board shall, in conformance with the Development Plan, establish the final location and bulk of all future buildings and structures; and (iv) Any existing building or other structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose permitted or required by the provisions of this PUD Guide that are applicable to the area in which such building, other structure or parcel of land is located, and for no other purposes. (b) Incorporation of PUD Master Plan. The PUD Master Plan is hereby incorporated by reference into this Development Guide, together with everything shown thereon and all amendments thereto. Collectively, this PUD Guide and the PUD Master Plan are referred to herein as the "Development Plan." (c) Design Review Guide. The Owner will prepare a Design Review Guide intended to supplement and complement this PUD Guide. Where any conflict may occur between the Design Review Guide and the Development Plan, the most restrictive provision shall govern. (d) Covenants. The Owner shall record one or more Declaration of Covenants, Conditions and Restrictions ("Covenants") which shall govern matters related to use and development of all or any part of the Property. Where any conflict between the Covenants and the Development Plan may occur, the most restrictive provision shall govern. 356501.14 MLAYER 2 (e) Planning Area Boundaries, Road Alignments, Lot Lines, Building Envelopes. Wherever a Planning Area abuts a street as shown in the PUD Master Plan, the boundary is the abutting right-of-way line of such street. Wherever a Planning Area does not so abut a street, the boundary shall be as shown in the PUD Master Plan. The Owner may increase or decrease the size of any Planning Area, pursuant to the administrative amendment procedures set forth in Section H.3 below, to conform the Development Plan to any Preliminary Plan or Final Plat. In addition, the Owner may relocate or otherwise modify road alignments, lot lines, Planning Area Boundaries and Building Envelopes due to site planning or engineering considerations. To the extent that such modifications require conforming amendments to this PUD Guide, such amendments shall be processed administratively, pursuant to Section H.3 below. (f) Issuance of Building Permits. Provided an application for issuance of a Building Permit complies with the Building Code for the Town of Avon and the Development Plan, the applicant shall be entitled to receive such Building Permit for any construction, improvements or alterations at The Village (at Avon) for which the plans, specifications and details have been reviewed and approved by the Design Review Board as defined herein. A certificate of approval executed by an officer of the Design Review Board shall be affixed to the plans and specifications made a part of each building permit application. The Building Department shall not accept for processing or approve any application for a Building Permit or Certificate of Occupancy unless such certificate of Design Review Board approval is affixed thereto as required by this subparagraph (f). 4. Applicability of Other Regulations. Except as otherwise provided in the Annexation and Development Agreement or the Development Plan, the establishment of vested property rights under the Annexation and Development Agreement or the Development Plan shall not preclude the application on a uniform and non-discriminatory basis of Town regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations exist on the date of the Annexation and Development Agreement or may be enacted or amended after the date of the Annexation and Development Agreement, provided that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Owner's rights set forth in the 356801.14 MLAYER 3 Annexation and Development Agreement or the Development Plan. Owner does not waive its right to oppose the enactment or amendment of any such regulations. 5. Conflict. The Development Standards and other terms, conditions and criteria set forth in the Development Plan shall prevail and govern the development of The Village (at Avon). Where the Development Plan does not address a specific subject, the applicable provisions of the Municipal Code shall, to the extent such Municipal Code provisions are not inconsistent with any provision of the Development Plan or the Annexation and Development Agreement, control the development of The Village (at Avon). Additionally, application of such Municipal Code provision shall not directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying, or otherwise adversely affecting any of Owner's vested property rights set forth in the Development Plan or the Annexation and Development Agreement. Provisions of the Design Review Guide which are more restrictive than either the Development Plan or the Municipal Code shall prevail in any instance where there is a conflict. B. DEFINITIONS For the purpose of this PUD Guide, certain words and phrases shall be defined as set forth in this Section B. When not inconsistent with the text, words used in the present tense include the future, words used in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The word "shall" is mandatory, and the word "may" is permissive. 1. Access. The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property, use or parking space. Accessory Apartment: 2. Accessory apartment is a dwelling unit either in or added to the existing principle building on the lot, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Accessory dwelling units are accessory to the primary dwelling or use of the lot and may not be sold or conveyed in any way to separate ownership. z3. Accessory Building or Use. A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. 356501.14 MLAYHR 4 -34. Accommodation Unit. Any room or group of rooms without a kitchen, used primarily as a bedroom for transient lodging, and accessible from common corridors, walks, or balconies without passing through another Accommodation Unit or Dwelling Unit. 4-.5. Affordable Housing Plan. The sole affordable housing requirements for The Village (at Avon) PUD, as set forth in Section I.11 below. 6. Allen: Alley means a public right-of-way providing only secondary access to the rear of a property and not intended for general travel. -5-.7. Annexation and Development Agreement. The Annexation and Development Agreement concerning the Property and made by the Town of Avon and EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, and PVRT NOTT III LLC. 6-8. Bed and Breakfast. An owner-occupied Dwelling Unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation. -7-.9. Building Envelope. A building envelope specifies the boundaries within which improvements may be constructed on a particular property. The building envelopes depicted on the PUD Master Plan designate the locations and area of the building envelopes within Lots 6 through 96, which lots and building envelopes are vested pursuant to the terms and conditions of Section A.3. of this PUD Guide as follows: (a) Area. (i) Lots 6-55. Building Envelopes for Lots 6-55 are indicated on the PUD Master Plan as a circle of 100 feet in diameter. On a Lot by Lot basis, the Design Review Board may expand a Building Envelope by up to 20 feet in any one direction. (ii) Lots 56-96. Building Envelopes for Lots 56-96 are indicated on the PUD Master Plan as a circle of 200 feet in diameter. On a Lot by Lot basis, the Design Review Board may expand a Building Envelope by up to 20 feet in any one direction. (b) Location. 356801.14 MLAYER 5 (i) Lots 6-55. On a Lot by Lot basis, the Design Review Board may relocate the center point of a Building Envelope by up to 100 feet in any direction. (ii) Lots 56-96. On a Lot by Lot basis, the Design Review board may relocate the center point of a Building Envelope by up to 200 feet in any direction. (c) Building Footprint. A minimum of 70% of the footprint of any structure constructed on Lots 6 through 96 must be located within the Building Envelope. The Design Review Board shall not expand the area of or relocate any Building Envelope unless such change does not reduce any required setback specified within the Wildlife Mitigation Plan, the Stream Setback Provisions, or any other applicable physical constraint established by this PUD Guide. x.10. Building Height, Maximum. The distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point to the top of a flat roof or mansard roof or to the highest ridgeline of the sloping roof. 9-.11. Building Setback. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. 4-0.12. Commercial Space. Commercial space is any area which may be used, rented or leased for the purpose of generating retail business or consumer services. (a) Except as specifically provided below, Commercial Space includes, but is not limited to: (i) Business and professional offices; (ii) Retail specialty and gift shops; (iii) Restaurants; (iv) Banks; (v) Barber and beauty shops; (vi) Laundromat/dry cleaning; (vii) Shoe repair; (viii) Automobile repair and services; (ix) Tavern; 356801.14 MLAYER 6 (x) Cinema; (xi) Clothing stores; (xii) Department stores; (xiii) Beverage stores; (xiv) Furniture stores; (xv) Hardware stores; (xvi) Food stores; (xvii) Real estate sales offices; (xviii) Uses which the Director of Community Development determines to be similar. (b) The following uses will not be considered Commercial Space: (i) All residential and lodging facilities (except for areas used specifically as enumerated under Subparagraph 1 above) including, but not limited to: (1) employee housing; (2) condominiums; (3) hotels; (4) lodges; (5) duplex residences; (6) primary/secondary residences; (7) single family residences; and (8) townhouse residences (c) For purposes of calculating the total amount (in square feet) of commercial area permitted pursuant to the PUD Guide, Commercial Space shall be measured as the total floor area, including exterior building walls, that is available for leasing to a tenant, with the following additional qualifications: (i) The following types of facilities operated for public activities shall not constitute Commercial Space: (1) schools, and (2) except to the extent such facilities exceed an aggregate of 200,000 square feet, unless the Town has consented to construction of such excess square footage, churches, skating arenas, cultural and community centers and facilities, and recreational centers and facilities. (ii) In office and retail buildings, hallways, lobby and reception areas, stairwells, elevator areas, landings and entranceways, mechanical areas, public restrooms, permanently designated corridors, public lobbies, and common mall areas shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of commercial area permitted pursuant to the PUD Guide unless actually leased to an individual tenant. 356801.14 MLAYER 7 (iii) In hotels, inns and motels, hallways, lobby and reception areas, stairwells, elevator areas, public restrooms, permanently designated corridors, landings, entranceways, meeting and banquet rooms and facilities, sundries shops, breakfast shops and other shops intended to cater primarily to hotel guests shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of commercial area permitted pursuant to the PUD Guide, but retail areas intended to cater primarily to non-hotel guests and full- service restaurants shall constitute Commercial Space for such purposes; (iv) In any building, parking areas and structures shall not constitute Commercial Space for purposes of calculating the total amount (in square feet) of commercial area permitted pursuant to the PUD Guide. 44-.13. Condominium. A condominium is defined as any group of rooms created as a fee simple estate in defined air space within a multi-unit property. For purposes of Dwelling Unit definition, only condominiums which are considered residential condominium units shall be counted as Dwelling Units. The residential condominium will not have more than one kitchen and all rooms will be interconnected through doors or foyers. ??14. Covenants. One or more Declaration of Covenants, Conditions and Restrictions which the Owner shall establish with respect to all or any part of the Property. 43-1 S. Design Review Guide. Design guidelines prepared by the Owner establishing architectural design, landscape design, urban design and site design standards for The Village (at Avon). 4416. Design Review Board. The Village (at Avon) Design Review Board as appointed or elected in accordance with the Covenants. 4-5.-17. Development Plan. The PUD for the Property, consisting of this PUD Guide, each Exhibit hereto, and the PUD Master Plan, as amended, which shall control the zoning of the Property pursuant to the Planned Unit Development Act of 1972, Sections 24-67-101 et seq., C.R.S., and Section 17.20.110 of the Municipal Code. 356801.14 MLAYER 8 4-6-.18. Development Standards. The planning requirements governing the development of the Property as set forth in Section F of this PUD Guide. 4-7-.19. Director of Community Development. The Director of Community Development for the Town of Avon. 420. Duplex Structure. A duplex is considered to be one multi-family project consisting of two residences within an architecturally integrated structure. If the property is resubdivided each of the units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. For purposes of Dwelling Unit definition, each residence counts as a Dwelling Unit, thereby counting as two Dwelling Units per structure. 9-21. Dwelling Units. One or more rooms occupied by one family or group of people living independently from any other family or group of people and having not more than one indoor cooking facility, or an aggregation of Hotel, Motel and Lodge or Extended Stay Hotel rooms as provided below: A Hotel, Motel or Lodge room is a room within a Hotel, Motel and Lodge or Extended Stay Hotel used primarily as a bedroom for transient lodging. A Hotel, Motel or Lodge room may include a bathroom, closet and balcony. Three Hotel, Motel or Lodge rooms will be counted as one Dwelling Unit as long as (i) the average square footage of all rooms in any hotel complex does not exceed more than 600 square feet of interior space, and (ii) no more than one indoor cooking facility is included within the three hotel or lodge rooms being counted as one Dwelling Unit. In the computation of total Dwelling Units for a given Hotel, Motel or Lodge project, any fractional value shall be rounded to the next highest integer. Three Extended Stay Hotel rooms will be counted as one Dwelling Unit, in accordance with the conditions stated above and notwithstanding the fact that each such room contains an indoor cooking facility. The following terms shall clarify the definition of Dwelling Unit. (a) Accessorv Apartment as def i7ed in Section B.2 above. (fo(b) Primary/Secondary Structure as defined in Section B.34-3-1? below. 356801.14 MLAYER 9 zL I(c) Duplex Structure as defined in Section B.204-9 above. 7-7 0(d) Condominium as defined in Section B.134 above. (d) Interval Ownership or Timeshare as defined in Section B.25 below. 20.22. Extended Stay Hotel. A Hotel/Motel/Lodge with rooms that have complete kitchen and bathroom facilities intended and utilized primarily for transient or semi-transient occupancy. As used in this PUD Guide, and notwithstanding any other provision of this PUD Guide, an Extended Stay Hotel room shall be considered a "Hotel, Motel and Lodge" room for purposes of the definition of "Dwelling Units." 24-23. Final Plat. A Final Plat approved by the Town pursuant to Section 16.24 of the Municipal Code. 2 24. Hotel, Motel and Lodge. A building, including an Extended Stay Hotel, containing three or more Accommodation Units, intended for temporary occupancy of guests. Accessory use facilities may include offices, laundry facilities, recreation facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. 25. Interval Ownership: Interval Ownership means any parcel or lot of land, dwelling unit, or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four persons (ownership of an interest in joint tenancy by two persons being considered one person for the purpose of this section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others). "Interval Ownership " includes, but is not limited to, a time-share estate as defined in Section 38-33-110, Colorado Revised Statutes (1973), as amended. X26. Landscaped Area. "Landscaped Area" means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, groundcover, flowers, or lawns; natural features and nonliving groundcover such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include parking areas. 356801.14 MLAYER 10 ' 27. Mixed Use Project. The development of a lot, tract or parcel of land, building or structure with two or more different uses as set forth within the Development Standards designed, planned and constructed as a unified project. ??28. Municipal Code. The Town's Municipal Code, as in effect from time to time. ?fir. 29. Owner. Collectively, EMD Limited Liability Company, a Colorado limited liability company, PVRT NOTT I LLC, a Colorado limited liability company, PVRT NOTT H LLC, a Colorado limited liability company, and PVRT NOTT III LLC, a Colorado limited liability company, and their respective successors and assigns. ? 30. Planning and Zoning Commission. The Planning and Zoning Commission of the Town of Avon. 231. Planning Area. An area indicated as a planning area on the PUD Master Plan, the development of which shall be regulated by The Village (at Avon) Development Plan. --?9:32. Planning Department. The Planning Department of the Town of Avon. 3-0.33. Preliminary. A preliminary plan approved by the Town pursuant to Section 16.20 of the Municipal Code. 3-1-34. Primary/Secondary Structure. A primary/secondary structure consists of two Dwelling Units within a single fee simple estate: one primary unit and one secondary unit. The secondary unit can be no more than 25% of the floor area of the Primary/Secondary Structure, must be integral with the architecture of the primary unit, and cannot be subdivided or separately conveyed or transferred in ownership. 3-2-.35. Propert y. 356301.14 MLAYER I I The real property commonly known as The Village (at Avon) PUD, the boundaries of which are legally described in Exhibit A attached hereto and incorporated herein. 336 Public Improvement Company. The public improvement company having as its members property owners within the Property which the Owner intends to create in accordance with and for the purposes stated in Section 4.4 of the Annexation and Development Agreement. 337. PUD Master Plan. The Village (at Avon) P.U.D. Development Plan/Sketch Plan dated June 1998, prepared by Peter Jamar Associates, Inc., attached hereto as Exhibit B and incorporated herein. The PUD Master Plan indicates among other things Planning Areas, development sites, open space parcels, single family lots, Building Envelopes and general road alignments for the development of The Village (at Avon). The PUD Master Plan shall constitute the master plan for development within The Village (at Avon) PUD. 338. Site Coverage. The portion of a site covered by buildings, excluding roof or balcony overhangs, measured at the exterior walls or supporting members of the building at ground level. 3€x.39. Sketch Plan. A sketch plan approved by the Town pursuant to Section 16.16 of the Municipal Code. 340. The Village (at Avon. The Village (at Avon) PUD is a zone district authorized for the Property by the Town of Avon. The Village (at Avon) PUD contains the Property. 341. The Villae(at Avon Parking Regulations. The Development Standards governing parking within The Village (at Avon) PUD, as set forth in Exhibit C to this PUD Guide. 42. Timeshare Reference Interval Owernership. 39,43. Town. The Town of Avon, a municipal corporation of the State of Colorado. 356801.14 MLAYER 12 4944. Town Council. The Town Council of the Town. 41745. Use. The purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. 446 Wildlife Mitigation Plan. The sole wildlife mitigation measures required for The Village (at Avon) PUD, attached as Exhibit E hereto and incorporated herein. C. ASSIGNED LAND USE DESIGNATIONS The following list identifies Planning Areas within The Village (at Avon) PUD and their respective land use designations. Planning Area Land Use Desi ng ation A Village Center B Cultural/Recreational C Ice Skating/Events D Village Residential E Village Residential F Village Residential G School H Neighborhood Center I Neighborhood Center J Regional Commercial K Regional Commercial L Regional Commercial MQ Regional Commercial N Community Park OS1-10 Natural Open Space P1-P6 Parkland Lots 1-96 Single Family Residential RMF 1-34 Multiple Family Residential D. TOTAL PERMITTED DENSITY 1. The total permitted density for The Village (at Avon) PUD for Planning Areas A-L, Lots 1-96, and Planning Areas RMF 1-3 shall not exceed: (a) Commercial Space. 356801.14 MLAYER 13 650,000 square feet of Commercial Space. (b) Dwelling Units. 2,400 Dwelling Units. Five hundred of the 2,400 Dwelling Units shall be constructed as affordable housing, pursuant to the Affordable Housing Plan. 2 Pl i . A-re a M shall be determined in t he f t t t th d t ng ann d et tefth Seetio a bete ti ufe pursuan o e affien men pr-ee T -T 1e Villa ( t A d th T f e ur- A ae . ,?,? ed e that Pl ?' Are i ge a von) an e own o 7? ` i a ? • e titl dt b d l d von ? g g F Y s n e o e eve ope T.C177?? as d T use bli and institational uses at densities J an in additi t th t f th b pu e d by t he Town of Avoi-i-. en o ese se br- a oNe as app rove 3. Density calculations for residential development within Planning Areas A-1-Q and RMF 1-3-4 shall exclude areas with slopes exceeding 40%. 4. At final buildout of the particular Planning Area, the following minimum and maximum ratios of commercial and residential development, stated as a percentage of the aggregate square footage of development within the Planning Area [e.g., commercial square footage _ (commercial + residential square footage) = percentage of commercial], shall apply within the following Planning Areas: Planning Area Village Center (A) Residential Min% Max% 30% 80% Village Residential (D,E,F) 90% Neighborhood Commercial (H,I) 0% Regional Commercial -(J,K,L,Q) 0% 100% 20% CrimmPYri nl Min% Max% 20% 70% 0% 10% 80% 100% 20% 80% 1(0% E. DWELLING UNIT AND COMMERCIAL SPACE REPORT The Design Review Board shall submit a Dwelling Unit and Commercial Space Report to the Town of Avon along with its certificate of Design Review Board approval for each Final Plat application. This report is a detailed statement by Planning Area of the number of Dwelling Units and amount of Commercial Space assigned to each Final Plat within The Village (at Avon) to ensure that the total permitted density for The Village (at Avon) PUD is not exceeded. 356301.14 MLAYER 14 F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD ARE AS FOLLOWS: 1. Planning Area A - Village Center. (a) Purpose: To provide sites for a variety of commercial, residential, lodging, educational and recreational uses and activities in a mixed-use setting in order to serve the needs of residents and guests of the Upper Eagle River Valley. (b) Uses bight: (i) Commercial uses including but not limited to any activity for the purpose of generating retail business or consumer services with the intent of producing a financial profit including, retail stores, professional offices and businesses, banks and financial institutions, personal services, food and beverage establishments, clubs and recreation and entertainment uses. No retail store occupied by a single retail business shall exceed 60,000 square feet of Commercial Space. (ii) Residential uses including, but not limited to single-family, duplex, and multi-family dwellings including interval ownership. (iii) Lodging facilities including, but not limited to hotel, motel, and bed and breakfast. (iv) Public or private transportation, transit or parking facilities including, but not limited to bus, rail stations, tramways, gondolas and lifts. (v) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (vi) Churches, museums, libraries and public buildings. (vii) Indoor and outdoor recreation and/or entertainment facilities. (viii) Parks and open space. (ix) Day Care. (x) Temporary real estate sales offices and construction offices. (xi) Additional uses which the Director of Community Development determines to be similar to uses by right. 356801.14 MLAYER 15 (xii) Accessory Uses and Structures customarily appurtenant to uses by right. (c) Special Review Uses: (i) Medical facilities including, but not limited to clinics, group and congregate care facilities, nursing homes and hospitals. (ii) Educational facilities including, but not limited to public and private schools, universities, and colleges. (iii) Emergency heliport. (iv) Outdoor entertainment facilities that include the use of amplified music. (d) Building Setback Requirements: Buildings shall have a minimum setback of 20 feet from East Beaver Creek Boulevard right of way, and the northern, southern and western boundaries of Planning Area A. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (e) Maximum Building Height: 80' for areas north of East Beaver Creek Boulevard, 55' for areas south of East Beaver Creek Boulevard. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential densities shall not exceed 25 residential Dwelling Units per acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations (h) Minimum Lot Area: None. 356801.14 MLAYER 16 2 Planning Area B - Cultural/Recreational. (a) (b) Purpose: To provide a site for cultural and recreational facilities and amenities that serve the needs of the residents and guests of the Upper Eagle Valley. Uses by Right: (i) Cultural, recreational and educational facilities and amenities including, but not limited to: (1) Community center (2) Facilities for the performing arts, including outdoor amphitheaters (3) Museums and galleries (4) Community meeting facilities (5) Recreational clubs (6) Classrooms (7) Libraries (8) Accessory retail and commercial facilities and food and beverage establishments (9) Day care facilities (c) (ii) Accessory living quarters for employees of the cultural/recreational facilities. (iii) Temporary real estate sales offices and construction offices. (iv) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (v) Additional uses which the Director of Community Development determines to be similar to uses by right. Building Setback Requirements: Buildings shall have a minimum setback of 20 feet from the adjacent road right of way. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. 356801.14 MLAYER 17 (d) Maximum Building Height: 60 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Density Allowance: Not to exceed more than 10 Dwelling Units. (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (g) Minimum Lot Area: None 3. Planning Area C - Ice Skating/Events Center. (a) Purpose: To provide a site for an Ice Skating/Events Center that will serve the needs of the residents and guests of the Upper Eagle Valley. (b) Use bight: (i) An ice skating and events center. (ii) Conventions, meetings, special events, trade shows, performances, recreational activities and uses. (iii) Accessory retail uses and commercial uses, food and beverage establishments. (iv) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (v) Temporary real estate sales offices and construction offices. (vi) Day care facilities. (vii) Additional uses which the Director of Community Development determines to be similar to uses by right. (c) Building Setback Requirements: Buildings shall have a minimum setback of 20 feet from East Beaver Creek Boulevard right of way and the southern boundary of Planning Area 356801 14 MLAYER 1 C. There shall be no other setback requirements except as may be necessary to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (d) Maximum Building Height: 60 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Density Allowance: Not to exceed more than 4 Dwelling Units. (0 Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (g) Minimum Lot Area: None. 4. Planning Areas D, E, F - Village Residential. (a) Purpose: To provide sites for a variety of residential and lodging uses and accessory facilities to serve the needs of the residents and guests of the Upper Eagle River Valley. (b) Use by Right for Planning Areas D, E, F: (i) Residential uses including, but not limited to single-family, duplex, and multi-family dwellings including interval ownership. (ii) Temporary real estate sales offices and construction offices. (iii) Public or private transportation, transit or parking facilities including, but not limited to bus, rail stations, tramways, gondolas and lifts. (iv) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (v) Indoor and outdoor recreation and/or entertainment facilities. (vi) Parks and open space. 356801.14 MLAYER 19 (vii) Additional uses which the Director of Community Development determines to be similar to uses by right. (viii) Accessory Uses and Structures customarily appurtenant to uses by right. (ix) For Planning Areas E and F: In addition to those uses listed above, areas that have frontage on East Beaver Creek Boulevard are permitted the following uses: Commercial uses including, but not limited to any activity for the purpose of generating retail business or consumer services including, but not limited to; retail stores, professional offices and businesses, banks and financial institutions, personal services, food and beverage establishments, clubs and recreation and entertainment uses. (x) For Planning Area D: In addition to those uses listed above, pedestrian bridges and lodging facilities including, but not limited to hotel, motel, and bed and breakfast. (c) Special Review Uses: The following uses may be permitted as Special Uses within Planning Areas E and F in areas that have frontage on East Beaver Creek Boulevard: (i) Lodging facilities including, but not limited to hotel, motel, and bed and breakfast. (ii) Medical facilities including, but not limited to offices, clinics, group and congregate care facilities, nursing homes and hospitals. (iii) Educational facilities including, but not limited to public and private schools, universities, colleges and day care. (iv) Churches, museums, libraries and public buildings. (v) Emergency heliport. (vi) Outdoor entertainment facilities that include the use of amplified music. 356801.14 MLAYER 20 (d) Building Setback Requirements: Front: 25' Side: 0' Rear: 10' The setback adjacent to the Railroad Right-of-Way shall be 20'. (e) Maximum Building Height: 48 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential densities shall not exceed 18 units per acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 20% (i) Minimum Lot Area: None. 5. Planning Area G - School. (a) Purpose: To provide a school site to meet the needs of the Eagle County School District. (b) Use by Right: (i) Educational uses. (ii) Recreational uses. (iii) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (iv) Parks and open space. (v) Day care facilities. 356801.19 MLAYER 21 (vi) Additional uses which the Director of Community Development determines to be similar to uses by right. (c) Building Setback Requirements: Front: 25' Side: 7.5' Rear: 10' (d) Maximum Building Height: 35 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (f) Minimum Lot Area: None. 6. Planning Areas H, I - Neighborhood Center. (a) Purpose: To provide sites for a variety of neighborhood oriented commercial, residential, educational, recreational and service oriented use. (b) Uses by Right: (i) Commercial uses including, but not limited to any activity for the purpose of generating retail business or consumer services with the intent of producing a financial profit including, but not limited to; retail stores, professional offices and businesses, banks and financial institutions, personal services, food and beverage establishments, recreation and entertainment complexes. No retail store occupied by a single retail business shall exceed 60,000 square feet of Commercial Space. (ii) Residential uses including, but not limited to single-family, duplex and multi-family dwellings including interval ownership. (iii) Public or private transportation, transit or parking facilities including but not limited to bus and rail stations. (iv) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. 356801.14 MLAYER 22 (v) Churches, museums, libraries, and public buildings. (vi) Indoor and outdoor recreation and/or entertainment facilities. (vii) Parks and open space. (viii) Temporary real estate sales offices and construction offices. (ix) For Planning Area I: Building materials sales and lumber yard. (x) Additional uses which the Director of Community Development determines to be similar to uses by right. (xi) Accessory Uses and Structures customarily appurtenant to uses by right. (c) Special Review Uses: (i) Medical facilities including, but not limited to offices, clinics, group and congregate care facilities, nursing homes and hospitals. (ii) Educational facilities including, but not limited to public and private schools, universities, colleges and day care. (iii) Emergency heliport. (iv) Service Stations. (v) Automobile repair shops. (vi) Car wash. (vii) Outdoor entertainment facilities that include the use of amplified music. (viii) For Planning Area H: Building materials sales and lumber yard. (d) Building Setback Requirements: Front: 25' Side: 7.5' Rear: 10' The setback adjacent to the Railroad Right-of-Way shall be 20'. 356801.14 MLAYER 23 (e) Maximum Building Height: 42 feet. Single-family or duplex residential structures shall not exceed 35 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential densities not to exceed 15 residential Dwelling Units per acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 20% 7. Planning Areas J, K L-,M Q - Regional Commercial. (a) Purpose: To provide sites for a variety of regionally oriented commercial, residential, lodging and service oriented uses and activities in order to serve the needs of residents and guests of the Upper Eagle River Valley. (b) Uses by Right: (i) Commercial uses including, but not limited to any activity for the purpose of generating retail business or consumer services with the intent of producing a financial profit including, but not limited to; retail stores, professional offices and businesses, banks and financial institutions, personal services, food and beverage establishments, clubs and recreation and entertainment complexes. (ii) Residential uses including, but not limited to single-family, duplex and multi-family dwellings including interval ownership. (iii) Lodging facilities including, but not limited to hotel, motel and bed and breakfast. (iv) Public or private transportation, transit or parking facilities including, but not limited to bus, rail stations, tramways, gondolas and lifts. 356601.14 MLAYER 24 (v) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (vi) Churches, museums, libraries and public buildings. (vii) Indoor and outdoor recreation and/or entertainment facilities. (viii) Parks and open space. (ix) Temporary real estate sales offices and construction offices. (x) For Planning Areas K, L and MQ: Service commercial uses including, but not limited to; service stations, auto repair, car wash, lumber yard, building materials sales and storage, rental and leasing businesses and automobile sales. (xi) For Planning Areas J, K, and L only: No more than two (2) retail stores occupied by a single retail business shall exceed 60,000 square feet of Commercial Space per store. (xii) Additional uses which the Director of Community Development determines to be similar to uses by right. (xiii) Accessory Uses and Structures customarily appurtenant to uses by right. (c) Special Review Uses: (1) Medical facilities including, but not limited to offices, clinics, group and congregate care facilities, nursing homes and hospitals. (ii) Educational facilities including, but not limited to public and private schools, universities, colleges and day care. (iii) Emergency heliport. (iv) Outdoor entertainment facilities that include the use of amplified music. { Plapaiiii Area M , hi additi t tl re S -; l R U i li ?P g bE)Ve the feI- . on o lo<< sh ll b pe- io u e S ' Re se ev ew ie U L sted 4, T e, a p ? v ai ses: _- R str. ??«u.,?,a.?l uses ud..but t .including, cl?u. , ??„ :'s ed ?? .t? 1?ito Z un j ? ? u t f u:,?l"', ? ? , wareh • ' } , , k171t3'? ? CLYG--m T I Z'tc cS? ? J ChTIY ii!460 tE and i s -i SiO nc? In e. ? un Sale ?,? ? } ? pffl@ZT1JE if-S 356801.14 NILAYER 25 {vi}(v) For Planning Area J: Service commercial uses including, but not limited to; service stations, auto repair, car wash, lumber yard, building materials sales and storage, rental and leasing businesses and automobile sales. (d) Building Setback Requirements: (i) For Planning Areas J, K, and L: Front: 25' Side: 7.5' Rear: 10' The setback adjacent to the Railroad Right-of-Way and the 1-70 Right-of-Way shall be 20'. (ii) For Planning Area Q: Front: 10' Side: 7.5' Rear: 10' The setback adjacent to the 1-70 Right-of-Way shall be 10'. nom' Si-de: 7-T ReaF; 10' (e) Maximum Building Height: 48 feet. Single-family or duplex residential structures shall not exceed 35 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential densities not to exceed 15 residential Dwelling Units per acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 356801 14 MLAYER 26 20% 8. Planning Area RMF - 1 - Residential Multi-Family. (a) Purpose: To provide sites primarily for multi-family residential uses with appropriate support commercial uses to serve the neighborhood. (b) Uses by Right: (i) Residential uses including, but not limited to single-family, duplex and multi-family dwellings (ii)GaiiffneFeial uses inten ded to s erve b ineludin a but + not li u : = il t `l to t r ° mited y b f 1 `l L, d n 6ffees S , ? ? Zx ersenal sen a rrrc cc r cccrrr?r s , ee sh f ore orc? , ir d d b o eos rozru z ffccJ an z??? , s ?'i li , and elub p at an ' ops ee owl ao l n i an t eN erage e ccro s ientts b l d id to the re . sidential dev crr es elopment. e-suppo i an prov e Oii)(ii) Temporary real estate sales offices and construction offices. (}(iii) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. ( (iv) Recreational facilities. 4v0(v) Parks and open space. (vio(vi)Additional uses which the Director of Community Development determines to be similar to uses by right. (V,-,i}(vii) Accessory Uses and Structures customarily appurtenant to uses by right. (c) Special Review Uses: (i) Commercial uses intended to serve surrounding residential areas including any activity for the purpose of generating retail business or consumer services with the intent of producing a financial profit including, but not limited to retail stores, professional and business offices, personal service shops, food and beverage establishments and club and recreational facilities to support and provide service to the residential development. ;56801 14 MLAYER 27 {1)(ii) Churches, museums, libraries and public buildings. #O(iii) Day care facilities. (d) Building Setback Requirements: Front lot line - a-0-10 Feet Side lot line - 443 Feet Rear lot line - 4-0--3 Feet The Seth e "`a aeen4 to the T 70 Rig t of Way shall be 20'. The roof overhangs of single family homes shall be allowed to encroach into setbacks. (e) Maximum Building Height: 48 feet. Single-family or duplex residential structures shall not exceed 35 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (f) Density Allowance: Residential density not to exceed 6 residential Dwelling Units per acre. (g) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (h) Minimum Landscaped Area: 20% 9. Residential Multi-Family - RMF 2 and RMF 3. (a) Purpose: This district is intended to provide sites for residential development. (b) Uses By Right: (i) Residential uses including, but not limited to single-family, duplex and multi-family dwellings. (ii) Child care. (iii) Recreational facilities. 356501.14 MLAYER 28 (iv) Residential management office. (v) Temporary real estate sales offices and construction offices. (vi) Public or private roads and utilities including but not limited to pedestrian bridges, utility improvements, lines and mains, facilities, services and buildings. (vii) Accessory Uses and Structures customarily appurtenant to uses by right. (viii) Additional uses which the Director of Community Development determines to be similar to uses by right. (c) Setback Requirement: Buildings shall have a minimum setback of 20 feet from the Interstate Highway right of way. There shall be no other setback requirements except as may be necessary to accommodate utility improvements, lines and mains, facilities, services and buildings (d) Maximum Building Height: 48 feet. Single-family or duplex residential structures shall not exceed 35 feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Density Allowance: RMF - 2: 12 units per acre maximum. RMF - 3: 6 units per acre maximum. (0 Parking Requirements: As defined in The Village (at Avon) Parking Regulations. (g) Minimum Landscaped Area: 20% 10. » itt-Famili - RMF 4 (a) Pufpose: To provide sites for a variety of residential uses. (b) Uses b_v Right: 356801.14 MLAYER 29 (c) (i) Residential uses including but not limited to single family, duplex, and niulti fancily dwellings. (ii) Residential Management Offices. (iii) Temporary real estate and construction offices. (iv) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services, and buildings. (v) Recreational facilities. (vi) Parks and open space. (vii) Additional uses, which the Director of Community Development determines to be a use by right. Accessory Uses and Structures customarily appurtenant to uses by right. Special Review Uses: (i) Churches, museums, libraries, and public buildings. (ii) Child and Day Care facilities. (d) (e) 69 (g) (iii) Commercial uses intended to serve surrounding residential areas including any activity for the purpose of generating retail business or consumer services with the intent of producing financial profit including, but not limited to retail stores, professional and business offices, personal service shops, food and beverage establishments, and club and recreational facilities to support and provide service to the residential development. Building Setback Requirements: To be determined by sub-division and design review criteria except as necessary to accommodate utility improvements, lines and mains, facilities, services and buildings. Maximum Building Height: 48 feet. Single family or Duplex residential structures shall not exceed 35 feet. Non-habitable architectural features such as chimneys, towers, steeples, or similar features shall be excluded from the calculation of building height. Densitv Allowance: Residential Density not to exceed 8 residential Dwelling Units per acre. Parking Requirements: 356801.14 MLAYHR 30 As defined by the Village (at Avon) Parking Requirements. (h) Minimum Landscape Area: 20%. 4411. Residential Single-Family Lot 1 and Lots 6-96 (there are no Lots numbered 2, 3, 4 and 5). (a) Purpose: To provide sites for single-family homes, and homeowner association amenities including, but not limited to, homeowner facilities and similar uses. (b) Uses bight: (i) For Lot 1 only: (1) Homeowner association facilities including, but not limited to, a caretaker unit, clubhouse, recreational facilities, and other similar facilities and amenities. (2) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (3) Temporary real estate sales offices and construction offices. (ii) For Lots 6-96 only: (1) Single family residential dwelling. (2) Primary/secondary structure. (3) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (4) Temporary real estate sales offices and construction offices. (iii) Accessory Uses and Structures customarily appurtenant to uses by right. (iv) Additional uses which the Director of Community Development determines to be similar to uses by right. (c) Setback Requirements: 356801.14 MLAYER 31 (i) For Lots 6-96: A minimum of 70% of the building footprint of any structure shall be located within the Building Envelope. (ii) For Lot 1: A minimum setback of 20 feet from the property line, except as otherwise required to accommodate utilities, drainage, access, fire and building code regulations, and the flood plain of live streams. (d) Maximum Building Height: 35 Feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Residential Density Allowance: (i) For Lots 6-96: 1 single family dwelling or 1 primary/secondary structure per lot. (ii) for Lot 1: One caretaker unit (in addition to other permitted homeowner facility uses and structures). (f) Parking Requirements: As defined in The Village (at Avon) Parking Regulations. 44-.12. Planning Areas N - Community Park and P 1-P6 - Parkland. (a) Purpose: To provide sites for park and recreation facilities, open space, water storage and drainage improvements and landscape improvements. (b) Allowed Uses: (i) Equestrian, pedestrian and bicycle trails. (ii) Landscape improvements. (iii) Indoor and outdoor recreation facilities. (iv) Lakes, ponds, reservoirs and irrigation ditches. (v) Parks, picnic facilities and temporary entertainment for special events. 356801.14 WAYER 32 (vi) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (c) Setback Requirement: No minimum except must be sufficient to accommodate utilities, drainage, access, fire and building code regulations and flood plain of live streams. (d) Maximum Building Height: 35 Feet. Non-habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. (e) Density Allowance: N/A (0 Parking Requirements: As defined in The Village (at Avon) Parking Regulations. 4-2L.13. Natural Open Space - OS 1 - OS 10. (a) Purpose: To provide sites for natural open space, trails and park facilities, water storage and drainage improvements and landscape improvements. (b) Allowed Uses: (i) Equestrian, pedestrian and bicycle trails. (ii) Landscape improvements. (iii) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. Provided, however, that such uses which are located in Planning Area OS 10 shall be oriented on a generally north-south axis. (iv) For OS1-OS9: (1) Lakes, ponds, reservoirs and irrigation ditches. (2) Park and picnic facilities and related parking. 356801.14 MLAYER 33 (c) Special Review Uses for OS 10: (i) Lakes, ponds, reservoirs and irrigation ditches. (ii) Park and picnic facilities and related parking. (iii) Public or private roads and utilities to be oriented on a generally east-west axis, including but not limited to utility improvements, lines and mains, facilities, services and buildings. (d) Setback Requirement: N/A (e) Maximum Building Height: N/A (f) Density Allowance: N/A (g) Parking Requirements: N/A G. SPECIAL REVIEW USE 1. Special Review Use Permit. A special review use shall require a special review use permit prior to the issuance of a building permit or the commencement of the use identified as a special review use in the Development Standards. A special review use shall not be considered a use by right without review and approval, as set forth in Section G.2. below, nor shall the use vest unless the Design Review Board approves a development plan for the property. 2. Application Filing and Processing (a) An application with required materials (see Section G.3. below) shall be filed at the Department of Community Development. Only complete submittals shall be accepted. No application shall be considered complete unless it is accompanied by a certificate of approval executed by an officer of the Design Review Board. (b) Staff shall review the application in accordance with the criteria established in this section and present the application at a public hearing 356801.14 MLAYER 34 before the Planning and Zoning Commission in accordance with Section 17.12. 100 of the Municipal Code, as amended. (c) Developments and uses granted by special review use permit shall be developed or established in accordance with an approved development schedule, or within one year of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall cause the administrator to revoke the permit. (d) A special review use permit is valid as long as conditions of approval are maintained by the applicant, unless a specific time limit for the use is set forth as part of the approval. If an approved use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the department. (e) If conditions of approval are not maintained, it shall be considered a violation of the Development Plan and the special review use permit shall be subject to revocation proceedings in accordance with the applicable provisions of the Municipal Code, the Design Review Guide, and the Covenants. 3. Submittal Requirements for Special Review Use. The applicant shall submit to the department any or all of the following materials which are, in the opinion of the administrator, relevant to the particular permit being required. Only complete submittals shall be accepted. No application shall be deemed complete unless the application and associated site plans, elevations, drawings, development schedule and other required documents, as applicable, are accompanied by a certificate of approval executed by an officer of the Design Review Board. (a) A complete special review use permit application and required fee; (b) A legal description of the parcel; (c) A site plan showing proposed uses and structures on the property; (d) Scaled elevations and/or perspective drawings of any proposed structures; 356801.14 MLAYER 35 (e) A proposed development schedule indicating: (i) Date of the beginning of the use and/or construction; (ii) Phases in which the project may be developed and the anticipated rate of development; (iii) The anticipated date of completion of the project; (f) Any agreements, provisions or covenants to be recorded; (g) Restoration or reclamation plans shall be required for all uses requiring extensive grading, for extractive uses, and may be required for other uses as necessary; (h) A statement regarding any provisions for proper ongoing maintenance of the use and site which shall be provided; (i) Any additional materials, which, in the opinion of the Director of Community Development, are necessary to adequately review the application. 4. Criteria for Review Recommendation, and Approval of Special Review Uses. The staff and the planning and zoning commission shall consider the following criteria when evaluating an application for a special review use permit: (a) Whether the proposed use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed use is in conformance with the Design Review Guide; (c) Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, and other similar Development Standards. 5. Amendments to Special Review Use Permit. No approved special review use may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion receives the prior approval of the planning and zoning commission, which shall be obtained by repetition of the granting procedures provided in this Section G. H. AMENDMENT PROCEDURES 356801.14 MLAYER 36 1. General. (a) Amendments to the Development Plan may be processed by the Town either formally or administratively. (b) During the term of the vested property rights created by this PUD Guide, no amendment to or variance from the terms of the Development Plan, and no application for rezoning of all or any part of the property included within The Village (at Avon) PUD, shall be accepted for processing, or approved, or undertaken by the Town of Avon without the prior written consent of the Owner. For purposes of this subsection H. L(b), "Owner" shall mean only EMD Limited Liability Company, a Colorado limited liability company, PVRT NOTT I LLC, a Colorado limited liability company, PVRT NOTT II LLC, a Colorado limited liability company, and PVRT NOTT III LLC, a Colorado limited liability company, and those parties, if any, to whom "Owner" as defined herein has specifically granted, in writing, the power to enter into such amendment. (c) Any such amendment shall contain the statement required pursuant to Section 17.14.050 of the Code and set forth in Section A.1 above, and shall create vested property rights for the duration of the term set forth in Section 1.3 of the Annexation and Development Agreement, and no such amendment shall divest, limit or otherwise impair any vested property right originally created pursuant to Section A.1 above. 2. Formal Amendments. Amendments to the Development Plan which do not qualify for the administrative amendment process described in subparagraph 3 below shall follow the formal amendment process set forth in Section 17.20.110K. of the Avon Municipal Code, as amended, except that the provisions of subsection H.1 above shall apply to all formal amendments of this PUD Guide. 3. Administrative Amendments. (a) Intent. To provide a simplified amendment procedure for minor modifications to the Development Plan. As used herein, the term "minor modifications" means a modification listed in subparagraph (d) below, or proposed modifications which the Director of Community Development otherwise determines to be eligible to be processed administratively, pursuant to subparagraph (c) below. (b) Determination of Appropriate Amendment Procedure. (i) The Director of Community Development or his or her designated representative shall determine whether a proposed amendment qualifies to be processed administratively. Proposed amendments 356801.14 MLAYER 37 which meet the criteria stated in subparagraph d. below shall be processed and approved administratively. Additionally, proposed amendments which meet the criteria set forth in subsection (c)(i) below shall be processed administratively. (ii) Nothing herein shall be deemed to prevent an applicant from applying for a formal amendment, or from appealing to the Town Council or the courts the Director of Community Development's determination of eligibility for administrative amendment and/or denial of a request for an administrative amendment. (c) General Provisions. (i) The Director of Community Development is authorized to approve applications that request modifications to Development Standards which subparagraph d. does not address, but which comply with the following general criteria: (1) are not materially incompatible with immediately adjoining uses; and (2) are not fundamentally inconsistent with the Development Standards set forth in this PUD Guide other than the specific Development Standard addressed by the requested amendment; and (3) incorporate measures which adequately address significant impacts, if any, to immediately adjacent uses. (ii) The applicant may appeal any action or decision of the Director of Community Development with respect to an application for administrative amendment to the Town Council by filing a written request for such appeal with the Town Clerk by not later than 5:00 p.m. on the 30th day following the action or decision being appealed. Such appeal may request a review of the Director of Community Development's determination of an application's eligibility for administrative processing and/or the Director of Community Development's decision to deny a request for administrative amendment. (iii) Development Standards set forth in this PUD Guide are considered maximums and minimums as follows: Maximums: density allowance, building height, square footage 356801.14 MLAYER 3 ° Minimums: setback requirements, parking requirements, landscaped area Unless otherwise indicated, no amendment is required for reductions to these maximum standards, or increases to these minimum standards. (iv) Where Amendments to the Development Plan request dimension or spatial modifications of established Development Standards of up to the percentage stated in subparagraph d. below, the base used for measurement shall be the originally approved PUD Guide, or the amendment which originally established the affected Development Standard. (v) Unless otherwise indicated, the criteria set forth in subparagraph d. below shall apply both on a Planning Area by Planning Area basis, and in the aggregate within The Village (at Avon) PUD. (d) Specific Provisions. A request for administrative amendment that complies with the following specific criteria, as applicable, shall be processed administratively, and shall be entitled to a presumption of compliance with the general criteria for approval set forth in subparagraph 3(c)(i) of this Section H: (i) Density Allowance. (1) Dwelling Units. Provided the aggregate number of Dwelling Units within the PUD does not exceed 2,400, a ten percent (10%) increase in the number of Dwelling Units allowed within any Planning Area. (ii) Road Alignments. Changes to public or private street locations, and/or internal circulation design that do not substantially and materially alter the circulation pattern or traffic capacity of the overall roadway network in the Property. (iii) Public Improvements. Amendments to the Annexation and Development Agreement, if any, that affect the scope of public improvements may require a conforming administrative amendment to the Development Plan, if the revision affects Development Standards for a particular site or Planning Area. 356801.14 MLAYER 39 (iv) Subdivision Related Changes Affecting Development Plans. If the Town approves any Sketch Plan, Preliminary Plan or Final Plat that incorporates any subdivision related element that is inconsistent or conflicts with any Development Standard or other element of the approved Development Plan, any conforming amendment to the Development Plan that may be required shall be processed and approved administratively. Examples of subdivision related elements that may require a conforming amendment to the Development Plan include, without limitation, lot line locations, right-of-way locations, internal public or private roadway locations, emergency access locations, utility locations, vacations, Planning Area boundaries, Building Envelope locations and/or areas, and other similar elements. Such conforming amendments shall apply only to the specific lot(s) or Planning Area(s) affected by the Sketch Plan, Preliminary Plan, or Final Plat the approval of which necessitated the conforming amendment. (v) Planning Area Boundaries and Lot Lines. The Owner may relocate or otherwise modify the Planning Area Boundaries and lot lines depicted on the PUD Master Plan as required to accommodate site planning or engineering considerations. Such changes shall be processed and approved administratively, without regard to whether they are requested in conjunction with changes made to a Sketch Plan, Preliminary Plan or Final Plat. (vi) Building Envelopes. Changes in the location and/or area of any Building Envelope within the parameters stated in the definition of "Building Envelope" set forth in Section A.2. of this PUD Guide shall not require an amendment to the Development Plan. Changes in the location and/or area of any Building Envelope that exceed the parameters set forth in the definition of "Building Envelope" shall be processed administratively, provided such changes do not reduce any required setback specified within the Wildlife Mitigation Plan, the Stream Setback Provisions, or any other applicable physical constraint established by this PUD Guide. (e) Procedure. (i) Applicants must meet with the Director of Community Development or his or her designated representative prior to submittal of an administrative amendment request (unless waived 356801.14 MLAYER 40 by the Planning Staff) in order to obtain input into the appropriateness of the request and the materials required to be submitted with the request. (ii) Upon a complete submittal of the required materials, the Director of Community Development shall determine, within 15 days after submittal of the request, the completeness of the request and whether it qualifies to be processed administratively. (iii) If the request complies with subsections (d)(i) through (d)(v), as applicable, it shall be processed and approved administratively. If the request does not comply with or is not addressed by subsections (d)(i) through (d)(v), as applicable, but otherwise meets the criteria stated in subparagraph 3(c)(i) of this Section H, the request shall be processed administratively, and the Director of Community Development is authorized to thereupon approve the request. (iv) Upon approval of an administrative amendment, the applicant shall submit a revised PUD Guide and/or a revised PUD Master Plan, as appropriate. Such revised documentation shall be signed by the Owner and the owner(s) of record, will be kept on file at the Planning Department, and shall be recorded in the real property records for the County of Eagle, State of Colorado. 1. SUPPLEMENTAL REGULATIONS 1. Fireplace Regulations. All Dwelling Units within The Village (at Avon) shall comply with the following Town of Avon fireplace regulations: (a) Definitions. (i) "Solid-fuel-burning device" means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non-liquid or non-gaseous fuel. This definition specifically excludes non-commercial barbecue devices used to cook food outdoors. (ii) "Certified-solid-burning device which is certified by the Air Pollution Control Division of the Colorado Department of Health to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of Colorado Air Quality Control Commission. 356801.14 MLAYER 41 (iii) "Wood-burning fireplace" means an open hearth or fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. (iv) "Gas appliance" means a fully self-contained, U.L. listed and A.G.A. "fireplace" unit which does not require venting through a chimney and which does not permit the use of solid fuel. (v) "Gas-log fireplace" means a gas appliance equipped with an A.G.A and U.L. listed artificial-log unit which is approved for the burning of natural gas. (b) Regulations Below Elevation of 7,280 Feet. Below the elevation of 7,280 feet no new wood-burning or other solid- fuel-burning fireplaces or other devices shall be permitted to be constructed or installed. Below such elevation certified-solid-fuel-burning devices, gas appliances and gas-log fireplaces shall be permitted. Below such elevation there shall also be permitted one wood-burning fireplace in the lobby of any Hotel or Lodge; provided, a fee in the amount of $3,000 is paid at the time of application for building permit. (c) Regulations Above Elevation of 7,280 Feet. Above the elevation of 7,280 feet one wood-burning fireplace shall be permitted in each new Dwelling Unit constructed; provided a fee in the amount of $1,500 is paid at the time of application for building permit; provided, no new wood-burning or other solid-fuel-burning fireplaces or other devices shall be permitted in Dwelling Units triplex and greater in size. Above such elevation certified-solid-fuel burning devices, gas appliances and gas-log fireplaces shall be permitted. (d) Gas Appliances. All gas-log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purpose of repair and maintenance. 2. Signs. Signs shall be in conformance with The Village (at Avon) Design Review Guide. 356801.14 MLAYER 42 3. Parking Requirements. Parking shall be in conformance with The Village (at Avon) Parking Regulations set forth in Exhibit C to this PUD Guide. 4. Surface Parking Landscaping Requirements. A 10' wide perimeter landscape buffer shall be installed and maintained for all outdoor surface parking lots within the Property, except for points of ingress and egress to the parking lot, and except for those portions of the perimeter that abut existing or planned outdoor surface parking areas. The landscaping plan for such landscape buffers shall comply with applicable provisions of the Design Review Guide, and shall be subject to prior approval of the Design Review Board. 5. Design and Improvement Standards. Development within The Village (at Avon) shall comply with the Design and Improvement Standards contained within Section 16.40 of the Avon Municipal Code in effect on June 1, 1998, with the following modifications: (a) Roadway standard modifications for roads located north of Interstate Highway 70 not maintained by the Town of Avon: (i) Minimum Driving Surface Width: 22 feet (ii) Minimum Shoulder Width - Each Side: 2 foot paved (1) Shoulders shall not be required if curb, gutter and sidewalk is installed. (iii) Design _Speed: 25 miles per hour (iv) Maximum Grade: 10% (v) Minimum Curve Radius: 75 feet (vi) Minimum Sight Distance: 150 feet (vii) Cul-de-sacs may exceed one thousand feet (1,000') in length and service not more than 280 residential units; provided, however, that the portion of the cul-de-sac that is in excess of 1,000' shall not service commercial uses. (b) Roadway standard modifications for roads located south of Interstate Highway 70 and roads maintained by the Town of Avon: (i) Shoulders shall not be required if curb, gutter and sidewalk are installed. 356801.14 MLAYER 43 (ii) Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder. (iii) Maximum Grade: 8 1/2% for Nottingham Ranch Road (this standard shall also apply to that portion of Nottingham Ranch Road located north of Interstate Highway 70 and maintained by the Town of Avon). All other roads 6%. (iv) Minimum Curve Radius: In accordance with Town standards except that one curve upon East Beaver Creek Boulevard within Planning Area A may have a minimum curve radius of 165'. (v) Within Planning Areas D and E, cul-de-sacs may exceed one thousand feet (1,000') in length and service not more than 450 units; provided, however, that the total cul-de-sac length shall not exceed five thousand linear feet (5,000') and shall not service commercial uses. The portion of such cul-de-sacs servicing 250 or more residential Dwelling Units shall be constructed to collector street design standards, and the portion of such cul-de-sacs servicing 250 or less residential Dwelling Units shall be constructed to local street design standards. (c) In addition to the Town's drainage provisions, the following provisions shall also apply to drainage: (i) Floodplains that are a result of manmade structures can be eliminated by enlarging the existing drainage conveyance facilities such that excessive backwater/floodplains would be diminished, but in no event shall such enlargement of existing facilities cause an increase in the 100-year flood level elevation on adjacent or downstream properties. (ii) If demonstrated that the release of flows directly into the Eagle River does not result in an increase of the 100 year flood level elevation of the Eagle River, such developed releases shall be allowed. This determination shall be based upon analysis of the Eagle River basin hydrograph and the site-developed hydrograph being combined. (d) The minimum sidewalk and trail width standards shall be as follows: (i) Sidewalk: 4' minimum width for local streets 6' minimum width for collector and arterial streets 356801.14 MLAYER 44 (ii) Multi-use trails: 8' minimum width. (e) Other variances from the Town of Avon Design and Improvement Standards in Section 16.40 of the Avon Municipal Code will be considered by the Town of Avon on a case by case basis at the Preliminary Plan review stage as sufficient details are provided to fully evaluate the impacts of the proposed variances, which variances shall not be unreasonably withheld. 6. Wildlife Mitigation Plan. The Wildlife Mitigation Plan attached to this PUD Guide as Exhibit D shall constitute the sole wildlife mitigation measures required for The Village (at Avon) PUD. 7. Design Review Guide. (a) The Owner shall prepare, and the Design Review Board shall adopt, a Design Review Guide which the Design Review Board shall utilize for review of all development proposals within The Village (at Avon). For portions of the Property south of Interstate 70 and all portions of the Property north of Interstate 70 other than Planning Area RMF-3 and Lots 1-96, the Design Guidelines shall contain, at a minimum, the provisions set forth in Exhibit E attached to this PUD Guide. (b) Before adopting the initial Design Review Guide in final form, the Design Review Board shall submit the Design Review Guide to the Planning and Zoning Commission for its review and approval, which shall not be unreasonably withheld. By not later than the sixtieth (60th) day after the date on which the Design Review Board submits the initial Design Review Guide for review and approval, the Planning and Zoning Commission shall either approve the Design Review Guide as submitted, or disapprove the Design Review Guide. If the Planning and Zoning Commission fails to so act within the sixty (60) day review period provided herein, the Design Review Guide shall be deemed approved as submitted and shall be valid and effective in accordance with its terms for all purposes. If, within the sixty (60) day review period provided herein, the Planning and Zoning Commission disapproves the Design Review Guide, it shall deliver to the Design Review Board, within five (5) days after taking such action, written notice of the specific objections upon which it based its disapproval. Upon receipt of such notice, the Design Review Board shall have the option, at its sole election, either to: (i) modify the Design Review Guide to meet the stated objections and, at any time thereafter, to resubmit the modified Design Review 356801.14 MLAYER 45 Guide to the Planning and Zoning Commission for review and approval within thirty (30) days after such resubmission; or (ii) appeal to the Town Council the Planning and Zoning Commission's denial (whether of the initial submission or any resubmission) by submitting the unmodified (or partially modified) Design Review Guide to the Town Clerk, within thirty (30) days after the date of the Planning and Zoning Commission's action, for the Town Council's review and approval, which shall not unreasonably be withheld, or disapproval within twenty-one (21) days after the date on which the appeal is filed. Nothing herein shall be deemed to prevent Owner and/or the Design Review Board from appealing to the courts the disapproval of the Design Review Guide by the Town Council, or from pursuing in the courts any remedy otherwise available at law or in equity. (c) The Owner or the Design Review Board may, in accordance with the terms and conditions of the Covenants and the Design Review Guide, as applicable, amend the approved and adopted Design Review Guide. Amendments to the Design Review Guide that do not conflict with any term of or are more stringent than any Development Standard established by this PUD Guide shall not require an amendment to this PUD Guide, and shall not require review by the Town. Amendments to the Design Review Guide which are less stringent than any Development Standard established by this PUD Guide may require an amendment to this PUD Guide which, in the discretion of the Director of Community Development, may be processed either formally or administratively, pursuant to Section H of this PUD Guide. (d) The Design Review Board shall have primary responsibility for enforcing the Design Review Guide. If the Town Council determines in good faith at a public hearing after notice to the Design Review Board that the Design Review Board is not properly enforcing the Design Review Guide, the Town Council shall provide written notice to the Design Review Board of such determination. Such notice shall state with particularity the alleged failure and the Town Council's factual findings supporting such determination. If the Design Review Board fails to correct the stated deficiency within thirty (30) days after receipt of such notice, the Town Council may, but shall not be obligated to, enforce the Design Review Guide with respect to the matters addressed in the notice. 8. Stream Setback Provisions. A thirty foot strip of land measured horizontally from the mean annual flood high water mark on each side of any live stream located within the boundaries of a 356801.14 MLAYER 46 proposed subdivision shall be protected in its natural state with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities and roadway crossings may be located in such protected area provided, that there is no practical alternative location for such utilities or roadways, that the plans are approved by the town council through its designated representative and that all construction scars are revegetated. 9. Residential Fire Suppression Systems. All single-family and multi-family residential structures constructed in Planning Area RMF-3 and on Lots 6-96 as shown on the PUD Master Plan, as amended, shall include appropriate fire suppression systems as determined by the Town's Fire Chief pursuant to applicable Town regulations in effect from time to time and applied on a uniform and nondiscriminatory basis within the Town, and as approved by the Design Review Board. 10. Park, Recreation and Trail Access. All parks, recreation and trails facilities the construction, maintenance and operation of which the "Districts" (as described in Section 4.4 of the Annexation and Development Agreement) finance shall be open, on a uniform and nondiscriminatory basis, to all residents of the Town at such times and subject to such rules and regulations as the "Districts" shall prescribe. Additionally, the Owner shall facilitate non-motorized access through the Property to off-site trail systems as follows: (a) Provision of a public trail head location in Planning Area RMF-2 to be connected by a trail, the locations of which Owner will determine in its sole discretion, to United States Forest Service property located north of Planning Area OS4; and (b) Facilitation of a trail, sidewalk and/or road to be oriented on a generally east-west axis, and which shall cross the Property solely through Planning Areas M, RMF-1, N, RMF-2 and the most southerly 1/4 section of OS8. Owner shall determine in its sole discretion the location within the Property of such trail, sidewalk and/or road. 11. Affordable Housiniz Plan. Owner will provide for affordable housing within the Property at locations determined by Owner in its sole discretion and in accordance with the following terms, conditions and requirements: 356801.14 MLAYER 4 / (a) Owner will provide 500 affordable housing units, or assure that the same are supplied by others, as set forth below. (b) Priority in the sale and rental of the units will first go to people employed in the Property, second to people employed in the Town outside of the Property, and third to people employed in Eagle County outside of the Town. (c) For-sale units will be targeted to households earning 80% - 120% of the Eagle County Median Family Income (the "ECMFI") as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department of Housing and Urban Development. Not more than fifty percent (50%) of such units may be targeted for sale to households earning 120% of the ECMFI. (d) For-sale units shall be deed restricted to require the following: (i) The sale of units shall be restricted to "Qualified Buyers," defined as follows: (1) An owner who occupies the unit as his or her primary place of residence; (2) An owner who is a full time employee working at least thirty hours per week in the Town of Eagle County, or a retired person who has been a full time employee in the Town or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in the Town or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them; (3) An owner whose household income does not exceed 120 percent of the ECMFI; and (4) An owner whose total current family net assets are not in excess of $225,000.00 ($337,500.00 for a retired person) or whose total current family net assets have not been in excess of $225,000 ($337,500 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index (the "CPI"). 356801.14 MLAYER 48 For purposes of this subparagraph (4), the CPI shall mean Series ID: CL USA433SAO (All Urban Consumers; Not Seasonally Adjusted; Denver-Boulder-Greeley, CO; All items; Base Period 1982-84=100; 1" half of 1998 = 160.5). (ii) An annual price appreciation cap of 3%, or such higher percentage as the Town Council may approve from time to time, will be established. (iii) If and when an owner moves out of his or her unit, he or she will be required to sell his or her unit to Owner or a Qualified Buyer. (iv) The rental units will be targeted to households earning between 50% - 80% of the ECMFI. Rents shall not exceed 30% of the tenant's monthly income, adjusted for household size, including utilities, for which allowances are determined annually by the Colorado Housing Finance Agency. (v) Capital improvements to a for-sale unit may be made up to ten percent of the original purchase price of the unit every ten years. No restrictions on capital improvements shall be placed on rental units. (vi) In addition to the annual price appreciation, real estate commissions not to exceed three percent (3%) and closing costs shall be allowed for re-sales of for-sale units after the initial sales of such for-sale units by the Owner. (vii) First time home buyers shall be exempt from Real Estate Transfer Fees as set forth in the Annexation and Development Agreement. (e) Subject to receiving all required permits and approvals therefor, Owner will assure that a minimum of 100 affordable housing units will be constructed in conjunction with the initial phase of commercial and/or residential construction within the Project (but not in connection with the construction of infrastructure in preparation for such initial phase of commercial and/or residential construction). 12. Provision of Certain Amenities. (a) Community Park (Planning Area N): (i) Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601St Dwelling Unit within the 356801.14 MLAYER 49 Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (b) Pocket Parks (Planning Areas P1 - P6) and Bike Trails: Pocket parks and bike trail improvements shall be commenced and prosecuted with due diligence in accordance with sound construction practices concurrently with development of immediately adjacent parcels. (c) Community Center (Planning Area B): (i) Construction of the initial phase of the community center shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601St Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (ii) Construction of the second (final) phase of the community center shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. (iii) Once commenced, construction of the improvements contemplated in (i) and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. (d) Ice Skating/Events Center (Planning Area C): Construction of the ice skating/events center shall be commenced prior to the date that the Town's obligation arises to issue a certificate of occupancy for the Commercial Space including the 200,000th square foot of floor area for which the Town has issued a certificate of occupancy for Commercial Space within Planning Area A. Once commenced, construction of the ice skating/events center shall be prosecuted with due diligence in accordance with sound construction practices. 356801.14 MLAYER 50 EXHIBIT A Legal Description 356801.14 MLAYER A-1 EXHIBIT B PUD Master Plan 356801.14 MLAYER B-1 EXHIBIT C The Village (at Avon) Parking Regulations 356801.14 MLAYER C-1 EXHIBIT D Wildlife Mitigation Plan 356801.14 MLAYER D-1 EXHIBIT E Minimum Design Review Guide Provisions 356801.14 MLAYER E-1 TABLE OF CONTENTS Page A. PURPOSE/GENERAL PROVISIONS .............................................................................. 1 1. Purpose ...................................................................................................................1 2. Vested Property Rights .......................................................................................... 1 3. General Provisions ................................................................................................. 2 4. Applicability of Other Regulations ........................................................................ 3 5. Conflict .................................................................................................................. 4 B. DEFINITIONS ................................................................................................................... 4 C. ASSIGNED LAND USE DESIGNATIONS ................................................................. 132 D. TOTAL PERMITTED DENSITY ................................................................................... 13 E. DWELLING UNIT AND COMMERCIAL SPACE REPORT ....................................... 14 F. DEVELOPMENT STANDARDS WITHIN THE VILLAGE (AT AVON) PUD ARE AS FOLLOWS ........................................................................................................ 14 1. Planning Area A - Village Center ....................................................................... 14 2. Planning Area B - Cultural/Recreational ............................................................. 16 3. Planning Area C - Ice Skating/Events Center .................................................... 187 4. Planning Areas D, E, F - Village Residential ...................................................... 19 5. Planning Area G - School ................................................................................. ... 21 6. Planning Areas H, I - Neighborhood Center ..................................................... ... 22 7. Planning Areas J, K, L, M - Regional Commercial ......................................... ... 24 8. Planning Area RMF - 1 - Residential Multi-Family ......................................... ... 26 9. Residential Multi-Family - RMF 2 and RMF 3 .................................................. 27 10. Planning Area RMF - 4 - Residential Multi-Family ....................................28 10. Residential Single-Family Lot 1 and Lots 6-96 ............................................... 3025 11. Planning Areas N - Community Park and Pl-P6 - Parkland ............................. 310 12. Natural Open Space - OS 1 - OS 10 .................................................................. .2432 356801.14 MLAYER 1 TABLE OF CONTENTS (continued) Page G. SPECIAL REVIEW USE ............................................................................................ 3233 1. Special Review Use Permit .............................................................................. 3-233 2. Application Filing and Processing ................................................................... 3-233 3. Submittal Requirements for Special Review Use ............................................ 3-334 4. Criteria for Review, Recommendation, and Approval of Special Review Uses .................................................................................................................. 3435 5. Amendments to Special Review Use Permit ................................................... 3435 H. AMENDMENT PROCEDURES ................................................................................. 3435 1. General .............................................................................................................3436 2. Formal Amendments ........................................................................................ 3536 3. Administrative Amendments ........................................................................... 3-536 I. SUPPLEMENTAL REGULATIONS .......................................................................... 3340 1. Fireplace Regulations ....................................................................................... 3-940 2. Signs ................................................................................................................. 4041 3. Parking Requirements ...................................................................................... 4042 4. Surface Parking Landscaping Requirements ................................................... 4042 5. Design and Improvement Standards ................................................................ 44-42 6. Wildlife Mitigation Plan .................................................................................. 4344 7. Design Review Guide ...................................................................................... 4344 8. Stream Setback Provisions ............................................................................... 4445 9. Residential Fire Suppression Systems ............................................................. 4-546 10. Park, Recreation and Trail Access ................................................................... 4-546 11. Affordable Housing Plan ................................................................................. 4-546 12. Provision of Certain Amenities ........................................................................ 4748 EXHIBIT A Legal Description .................................................................................................. A-1 EXHIBIT B PUD Master Plan ................................................................................................... B-1 356801.14 MLAYER 1i i f TABLE OF CONTENTS (continued) Page EXHIBIT C The Village (at Avon) Parking Regulations .......................................................... C-1 EXHIBIT D Wildlife Mitigation Plan ........................................................................................ D-1 EXHIBIT E Minimum Design Review Guide Provisions ..........................................................E-1 356801.14 MLAYER M An extra section break has been inserted above this paragraph. Do not delete this section break if you plan to add text after the Table of Contents/Authorities. Deleting this break will cause Table of Contents/Authorities headers and footers to appear on any pages following the Table of Contents/Authorities. 356801.14 MLAYER 2 The Village (at Avon) PUD Development Plan Formal PUD Amendment Number One Ordinance 03.10 Town of Avon, Colorado A NOTES: 1. Lot l is intededforuse ashomecwna faalitlesmdresidmaUcaretakerunit, No additional residential use sholl be allowed on Lm I. 2 There ere no larnumbered 23,4 ands Otis plan. 3, a Total residential dereilypemhitted%ithm the eruire P.U.D. shall be 2,400 units (excluding IhotealImedinArm RMF4). Total Commercial density permitted within the entire P.U.D shall be 650,000 sT=e feet. 4. Pursuant to Section 17.14.050 of the Avon 6hadtipid code: Approval of this plat costimam a vested propaty right, parmatto Article 69 of Title 7A, C. R. S., s amended 5. This symbol: 53 indicates aBtdlding Envelope Location LAND USE RMF-3 16.3 ac .OS-6 Lot I OS-5 1.6 ac 184.5 1 1. 05.7 20 5 ac uk' ac 1nN? _. \ / ? 1O2 a8 1 Prepaedfor: RMF-1 .. EMD LRAITED LIABILITY COMPANY 30.7 ac - - mdTRAERCREEKLLC USFS Property Prspaedby. Proposed Access ROW 2ExREN AND A55OCLATLS, INC. PM /? Z E N R OS-9 RMF-4 \\. v „- .5 aC ?.1+?+..++ _ NORTd 0.2 ac Residential ACRES !"v OF SITE MAX ALLOWED DENSITY - DttA?c Residential MAX ALLOWED ' 0 RReesidential/Single Family 910.1 50.8% 1pnmary/I secondary r d l AteaA Village Center ACRES 33 0 %OFSFTE 1 8% DEN STTY•DU/ACRE 25 d / RMF•1 Residential /Muld-Family 30.7 1.7% esi ence per ot 6 dalacre AreaB Cultural 7Recreational . 2.4 . 0.1% acre u 10 du/acre RMF•2 Residential/Mule-Family 43.6 2.4% 12 dufacre AreaC Ice Skating /EvenuCenter 1.7 0..1% 4 du/acre RMF•3 ResidentiallMuld-Family 16.3 0.9% 6 dWacre Area0 Village Residential 20.5 1.1% 18 du/acre RMF•4 Residendall Multi-Family 38 6 2 2% 9 dulage A'_ Village Residential 5.5 0.3% 18 du/acre . . Subtotal 1039.4 58.1% Area 7F Village Residential 9.5 0.5% 13 du/acre Parks and Open Space AreeC+ School -- 9.1 0.5% . Area N - Community Park 19 5 I 1% Area H Neighborhood Center 3.2 0.2% IS du/acre . . Area1 NdghborhoodCenter 5 7 0 3% 15 d Natural enS ace , . . u/acre 03-12 473.4 26.4% ?J Regional Commercial 8 4 0 5% IS du/a e Parkland 7.tragh P-d 15.7 0.9% AraaK Regional Commercial . 29.9 . 1.7% a 15 du/acre Subtotal 5W.7 28.4% ' Road R. 0. W. 93 4 5 2% ', ArBe L Regional Commercial 4.0 0.2% 15 du/acre . . Ara.0 Regional Commercial 15.6 0.9% 15 du/acre Subtotal 93.4 5.2% Subtotal 148.5 83 % PROJECTTOTAI.S: 1789,9 100.0,o 2,400 MaximamUnits* tjftk,a,. ADMINISTRATIVE AMENDMENTS: No.l PUD Development Plan Administrative Amendment No. I to The Village (at Avon) P.U.D. Development Plan/ Sketch Plan dated October 9,1998 as shown on document recorded July 31, 2001 as Reception No. 763439 No.2 PUD Guide Administrative Amendment No, t to recorded January 19, 2002 as Reception No. 7862-54 No.3 PUD Guide Administrative Amendment No.3 to recorded May 15, 2002 as Reception No. 795806 No.4 PUD Guide Administrative Amendment No.4 to recorded May 15, 2002 as Reception No. 795805 P.U.D. DEVELOPMENT PLANS: Na 1 The Village (al Avon) PUD Development Plan, Town of Avon Ordinance No. 98-14. Recorded November 25,1998 as Reception No. 677740 CERTIFICATE OF LANDOWNER REQUEST Knowaammbythcselseserex NaTRAEFCREEK, LLC and EMD OMrrED IIABII ITYCOMPANY, Co 3l( linhuedli?il[ycortganies, do krebyregoert apgrovd nt Pll? Deseloprcnt PLm Ammdnea NwMa 3. OWNER: OWNER: EMD t1MITED LIABILITY COMPANY TRAER CREEK LLC, aColmdotintitedliabititycempaty aColaadollmled liability company by: LAVACORPORATION by: a Colraadoeapaaia, as Manager Name: Magms Limhwln try: Tide: Manager Name: Magmu Lindholm Title: President STATE OF COLORADO) )SS: COUNTYOFEAGLE ) Thefaegolg insnwmuwas aduawledgedbefore me this __day of Aprd 2003. by Magma Lvulholn as Manager rt7laer CreekLLC, a C l r do lherttMliability conryrry, and by Magma Lindholm as President of LAVACapaaien, aColorado cnpotatia, as Marna of EMD Untied Liability Company, aColorado limited liabitrtycmqury. Witness my had and dficig se d. mycomnissiaaexpites: Notary Public APPROVAL Thus Amendment to The Village (aAvan) P. U. D. Development P1eNSketchPlan load October 9,1999 (the Original Plan) (i) is approved as a Formal Amendment in accordance with The Village (at Avon) PUD Guide, Sectim H.2 and the Tmvn of Avon Municipal Code, Title 17 Chapter 17.20.110-K, this __ day of September 2003 for filling with the Clerk and Recorder of the County of Eagle, and (ii) amends and replaces the Odgmal! Plan in it emirety as shown he.-. TOWN OF AVON DEPARTMENT OF COhLHUN[TY DEVELOPMENT By: Designated Representative Ruth 0. Bome, Director Community Development Department STATE OF COLORADO) ) SS: COUNTY OF EAGLE ) Theftugoingnshtwentwasaeknowledgcd before me this day of September 2007, by Ruth O. Borne, Directs of CanmumtyDevelopment, Town of Avon, Eagle County, Colorado. Witness my had and d6rialseal, My cortvnissim ex Firm: Notary Public I RMF-4 Boundary 38.7 Acres - NOTE; Area Boundary has been adjusted to maintain previously approved total site area coverage of 47.7 acres. Previous ? approximate ? ? ?•.`? properly line Mixed Medium and Low II ' Density Residential Erosion Medium Density Structure Residential .' I '_- High Density Residential 163 Total Units I r Ta a n n - AREA G Elementary School ? i I Pend 9Acres • j I ECO Trails Regional Bike Path Proposed Alignment and Connection to RMF-1 and Beyond Mixed Medium and Low Density Residential- Q. 0 lfj - D 0 Approximate--J Wetlands Boundary AFTERNOON SUN - MIDDAY MORNING SUN SUN Prepared for THE VILLAGE AT AVON Traer Creek LLC Area G / RMF-4 - Development Concept Avon, Colorado September 15, 2003 Possible Heritage Park tow Density Residential POD 04 10 Total Units Bike Path Connects to Dowd Junction Path Per ECO Trails Master Plan Z E H R E N AND ASSOCIATES, INC. ARCHITECTURE-PLAN-GN IRICRS it i SITE DENSITY AND USAGE Road connection to Buffalo .,Ridge and Wit Gulch, OS-13 2t Acre from north, relnlarcing nelghborhoop, ,"from pork. -?_ Pedestrian overy0"praNdes separated Regional Eco Trail alignment Convenience retail bulidinge placed along street with auto access from north, reinforcing neighborhood character and promoting pedestrian 0000". Canvmlenoe retell bulldlnpi\,, placed along street '- auto adoast character and promoting pedestrian `?,? grade saw from neighborhood to pelt end links neighborhood and Buffalo Rldga to school site at Area M. Final alignment and connectiiao. to regional troll to be detorminod through subdivision. Prepared for Traer Creek LLC Avon, Colorado 'y Bike path connection to Buffalo Ridge and beyond. AREA N Community Park 19.5 Acres i AREA 0 Regional Commercial 7.8 Acres AREA0 Regional Commercial 7.8 Acres THE VILLAGE AT AVON Area RMF-1 Development Concept September 15, 2003 OS-12 0.2 Acres AREA RMF•1 RESIDENTIAL 30.7 Acres \\\ Access road to future ??reeidmtlal lots 1.96 and Area RMF4, and G. USFS LAND Proposed regional Eco Trail alignment and connections to Tracts RMFF4 and G. Troll crosses US Forest Service land on easement /N i ZEHREN AND ASSOCIATES. INC. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engine Date: September 18, 2003 Re: The Village (at Avon) Sketch Plan Approval - Resolution No. 03-39, Series of 2003 Summary: Traer Creek RP LLC has submitted an application for Subdivision Sketch Plan approval in conjunction with an application for a formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-l, RMF-4, OS-5 and OS-13. The Sketch Plan and supporting documentation have been reviewed for compliance and compatibility with the proposed PUD Amendment, prior agreements and Town of Avon Subdivision Regulations. Based upon this review we recominend approval of Resolution No. 03-39, A Resolution Approving Subdivision Sketch Plan for The Village (at Avon) Filing 3, A Resubdivision of Portions of Sections 7, 8 and 9, Township 5 South, Range 81 West of the 6t" Principal Meridian, Town of Avon, Eagle County, Colorado, concurrently with approval of Ordinance No. 03-10, an Ordinance approving Formal PUD Amendment No. 1. Discussion: Documentation submitted with the Sketch Plan Application includes an Engineering Geologic Reconnaissance of Tract M and Upper Access Road by Golder Associates, Inc., a traffic study by LSC Transportation Consultants, Inc. and letters from E agle R iver W ater & S anitation D istrict and Excel Energy indicating their ability to provide water, sewer and natural gas service to Tract M. The Golder Engineering Geologic Reconnaissance identifies some potential hazard areas along the proposed access road to Planning Areas G and RMF-4, and within the Planning Areas. The report also states, "The required mitigation can be implemented using conventional civil, geotechnical, and hydrologic engineering practices." I:\Engineeiing\Avon Village\1.0 Genelal\PUD Amendments\Res 03-39 Memo.Doc The LSC traffic study includes trip generation for maximum anticipated development and evaluates impacts on proposed roadway design. We believe the study reflects potential traffic expected to be generated by the proposed zoning and the impacts on the street network. We generally concur with recommendations in the report with the exceptions that are based upon a Level of Service (LOS) of D as being satisfactory. The Town of Avon has established LOS C as a minimum satisfactory LOS. We believe the following conditions included in Resolution 03-39 will improve the projected LOS to C or better in all areas. 1. Post Boulevard / Road D / Swift Gulch Road / Road 1 Intersection shall be fully signalized or constructed as a roundabout to maintain Level of Service C per Town of Avon Standards. 2. Swift Gulch Road a. Minimum distance from Post Boulevard intersection to entrances and minimum distance between entrances shall be 300 feet. b. Left turn lanes shall have a minimum width of 12 feet. c. Left turn lanes shall extend to the westerly boundary of Tract Q. 3. Road 1 (Swift Gulch Road East) a. Minimum distance from Post Boulevard intersection to entrances and minimum distance between entrances shall be 300 feet. b. Left turn lanes shall have a minimum width of 12 feet. c. Left turn lanes shall extend to the easterly boundary of RMF-1. The letter from Eagle River Water & Sanitation District indicates an ability to serve Tract M with the understanding it is within the scope of the original PUD and 2400 Units. The proposed Formal PUD Amendment No. 1 allows up to 310 residential units in Planning Area RMF-4 which are in addition to the 2400 Units in the original PUD. Resolution No. 03-39 includes the following condition: Submit documentation for additional water rights dedication, adjudication and approved related agreements with Upper Eagle Regional Water Authority and the Town of Avon for residential units and irrigated areas in RMF-4 (Tract M). We believe this will assure that adequate water rights will be provided for the potential development on Tract M (Planning Areas G and RMF-4) Recommendation: Approve, deny or table Resolution No. 03-39, A Resolution Approving Subdivision Sketch Plan for The Village (at Avon) Filing 3, A Resubdivision of Portions of Sections 7, 8 and 9, Township 5 South, Range 81 West of the 6"' Principal Meridian, Town of Avon, Eagle County, Colorado, concurrently with approval, denial or tabling of Ordinance No. 03-10, an Ordinance approving Formal PUD Amendment No. 1. 9 Page 2 Alternatives: The Sketch Plan has been submitted in conjunction with proposed Formal PUD Amendment No. 1 and should be approved concurrently with Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No.l for The Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County Colorado. If Ordinance 03-10 is tabled or denied on Second Reading, Resolution No. 03-39 should also be tabled or denied accordingly. Proposed Motion: I move to table Resolution No. 03-39 and Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No.1 for The Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado. Town Manager Comments: 0 Page 3 TOWN OF AVON RESOLUTION NO. 03-39 Series of 2003 A RESOLUTION APPROVING SUBDIVISION SKETCH PLAN FOR THE VILLAGE (AT AVON) FILING 3, A RESUBDIVISION OF PORTIONS OF SECTIONS 7,8 AND 9, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC has applied for Subdivision Sketch Plan approval for The Village (at Avon) Filing 3, a Resubdivision of portions of Sections 7, 8 and 9, Township 5 South, Range 81 West of the 6th Principal Meridian in the Town of Avon, Eagle County, Colorado; and WHEREAS, said Application is in conjunction with application for a formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, OS-5 and OS-13 (hereinafter referred to as Formal PUD Amendment No. 1); and WHEREAS, said Application and related documentation was found to be in general conformance, subject to compliance with certain conditions, with Formal PUD Amendment No. I. the master plan, policies, guidelines and other applicable regulations of the Town of Avon; and WHEREAS, said Application and related documentation was found to be generally compatible, subject to compliance with certain conditions, with existing zoning and the corresponding application for Formal PUD Amendment No. l; and WHEREAS, said Application and related documentation was found to be in general compliance, subject to compliance with certain conditions, with existing agreements between the Town of Avon and The Village (at Avon) and Town of Avon Subdivision Sketch Plan requirements. I:\Engineering\Avon Village\1.0 General\PUD Amendments\Sketch Plan Res 03-39.Doc NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Subdivision Sketch Plan for The Village (at Avon) Filing 3, A Resubdivision of Portions of Sections 7, 8 and 9, Township 5 South, Range 81 West of the 6t" Principal Meridian in the Town of Avon, Eagle County, Colorado is in general compliance with applicable agreements and subdivision regulations of the Town of Avon, based upon compliance with certain conditions, and is hereby approved and the applicant is authorized to proceed with development of a Preliminary Plan subject to the following guidelines and conditions: A. Swift Gulch Road Design shall include: 1. 10 foot wide separated and paved pedestrian/bike path. 2. Design to Collector Road Standards. 3. Minimum distance from Post Boulevard intersection to entrances and minimum distance between entrances shall be 300 feet. 4. Left turn lanes shall have a minimum width of 12 feet. 5. Left turn lanes shall extend to the westerly boundary of Tract Q. 6. Realign road with minimum curve radius of 300 feet and to be more compatible with topography between OS-13 and Tract N. 7. Increase length of transition between two and three lane sections. B. Road 1 (Swift Gulch Road East) 1. Design to Collector Road Standards. 2. Minimum distance from Post Boulevard intersection to entrances and minimum distance between entrances shall be 300 feet. 3. Left turn lanes shall have a minimum width of 12 feet. 4. Left turn lanes shall extend to the easterly boundary of RMF-1. 5. Increase length of transition between two and three lane sections. C. Road D (Post Boulevard North) 1. Post Boulevard / Road D / Swift Gulch Road / Road 1 Intersection shall be fully signalized or constructed as a roundabout to maintain Level of Service C per Town of Avon Standards. 2. Design shall include full implementation of mitigation of geologic hazards as identified and recommended in "Engineering Geologic Reconnaissance of Tract M and Upper Access Road, the Village at Avon," dated May 9, 2003, by Golder Associates, Inc. 3. Design to Collector Road Standards unless application for Variance from Subdivision Regulations is approved with or prior to Preliminary Plan submittal, to allow variation from collector road standards for alignment and grade and to decrease shoulder width from 6 feet to 4 feet. 1AEngineering\Avon Village\1.0 General\PUD Amendments\Sketch Plan Res 03-39.Doc D. Road 2 (RMF-4) 1. Extend right-of-way westerly to US Forest Service property boundary 2. Design to Collector Road Standards from Road D intersection westerly to US Forest Service property boundary 3. Design to Collector Road Standards from Road D intersection easterly to cul-de-sac unless application for variance from Subdivision Regulations is approved, with or prior to Preliminary Plan submittal, to allow cul-de-sac length greater than 1000 feet and serving more than 20 residential units. 4. Include pedestrian / bike path to extend from western boundary of RMF-4 across Tract G to eastern boundary of RMF-4. E. Planning Areas G and RMF-4 (Tract M) 1. Submit documentation for additional water rights dedication, adjudication and approved related agreements with Upper Eagle Regional Water Authority and the Town of Avon for residential units and irrigated areas in RMF-4 (Tract M). 2. Identify geologic hazard areas and proposed mitigation measures with Preliminary Plan submittal. F. General 1. Revise title of Subdivision to, "The Village (at Avon) Filing 3. ADOPTED THIS DAY OF SEPTEMBER 2003. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk L\Engineering\Avon Village\1.0 General\PUD Amendments\Sketch Plan Res 03-39.Doc MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD SEPTEMBER 9, 2003 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer Norm Wood, Asst. Town Engineer Anne Martens, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Drew Dodd with the ABA, and resident of Avon, addressed the Council with regards to the Eagle River Watershed sponsored clean up to take place this weekend. Ordinances The Town Council considered on first reading Ordinance No. 03-10, an Ordinance approving the Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado. Councilor Sipes stepped down at this time noting a conflict of interest on the project. Community Development Director Ruth Borne presented the Ordinance noting that Traer Creek LLC submitted the PUD Amendment for the Village at Avon on May 30, 2003. Borne recommended tabling the Ordinance at this time in order that staff be provided more time to review the revised application that was only just submitted the prior Thursday. Developer representative Shane Bohart asked the Council to take some action on first reading on the Ordinance and then allow for discussion & revisions to take place before second reading. Mayor Reynolds asked Bohart to again highlight the revisions they have made since the last meeting. Highlights included some of the following: ? Reduced the number of accessory units to 25 instead of 70 plus. ? Working with ECSD to confirm that Parcel M would serve as the school site location. ? Converted back the 3.6 acres to park designation instead of commercial. ? Water issues continue to be addressed. ? Traffic report continues to be addressed. Community development Director Borne noted that No. 13 condition in the ordinance stated "the PUD Amendment approval was contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF-4, Q, N and G)." After some further discussion, a motion was made. Councilor D. Buckley moved to approved Ordinance No. 03-10, Series of 2003, An Ordinance Approving Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion. Some additional Council comments were made at this time. A roll call vote was taken and the motion passed with a 4 to 1 vote (Brown, D. Buckley, McDevitt, P. Buckley - yea; Wolfe - nay; Sipes - abstained due to conflict of interest). Town Manager Larry Brooks commended both the development team & staff on their hard work & efforts in reviewing and processing this project. There being no further business to come before the Council, the meeting adjourned at 6:05 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting September 9, 2003 Page 3 of 3 Memo To: Honorable Mayor and Town Council From: Patty McKenny, Town Clerk Date: September 18, 2003 Re: Resolution on Referendum A Summary: Per the Town Council's request, attached is a Resolution expressing opposition to Referendum A. TOWN OF AVON, COLORADO RESOLUTION NO. 03-38 SERIES OF 2003 A RESOLUTION EXPRESSING OPPOSITION TO REFERENDUM A IN THE NOVEMBER 4, 2003, ELECTION WHEREAS, Referendum A, to be voted on at the election on November 4, 2003, would authorize the issuance by the Colorado Water Conservation Board of up to $2 billion of bonds for water storage projects; and WHEREAS, adequate financing authority already exists for borrowing money for water projects; and WHEREAS, the mitigation of the financial and environmental effects of water projects on communities on the Colorado Western Slope has not been adequately addressed; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Avon, Colorado, hereby expresses its opposition to Referendum A. 23, 2003. ADOPTED at a regular meeting of the Town Council on September Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk