TC Council Packet 07-27-2004STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD JULY 27, 2004, AT 3 PM AT THE AVON
MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:00 PM - 3:30 PM 1) Executive Session - (Conferring with Town Attorney) - The topic
meets the requirements of C.R.S. 24-6-402-4 (b) - Conferences with an
attorney for the local public body for the purposes of receiving legal advice
on specific legal questions. Discuss negotiations with Village (at Avon)
regarding municipal services invoice.
3:30 PM - 4:30 PM 2) Council Committee Updates - Council members are assigned to several
committees and update their progress.
1-70 Corridor Update (Mayor Reynolds)
Channel 5 and VVCTB / Fly Summer Vail Update (Mike Brown)
Water Updates (Debbie Buckley)
4:30 PM - 4:45 PM 3) Review of Lot 2, Filing 1, Village at Avon PUD Building Update
(Tambi Katieb) Update to plans on the commercial & office building
proposed by developer, Traer Creek, LLC
4:45 PM - 5:00 PM 4) Outdoor Lighting Request for Proposal (Tambi Katieb)
Outdoor Lighting Plan Request for Proposals (RFP) - Outdoor
Lighting Plan and Ordinance Request for Proposals to include
Municipal Lighting and an Assessment of all Outdoor Lighting Issues
5:00 PM - 5:30 PM 5) Staff Updates
a. Nottingham Road Improvements and Existing Tree Locations
(Norm Wood) - Discuss the Proposed Nottingham Road Street
Improvements Plans with Respect to the Existing Trees located on
the Cottonwood Site
b. Building Code Updates (Norm Wood) - Completion of a First Draft
of Avon Municipal Code Revisions in Preparation for the Adoption
of Current Building Codes
c. Sales Tax Audit Program (Scott Wright) - Program to Conduct
Tax Revenue Audits, Specifically Sales Tax
d. Community Development Updates (Tambi Katieb)
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
¦ Estimated times are shown for informational purposes only, subject to change without
notice.
¦ Comments from the public are welcome.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 23, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.07.27
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JULY 27, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
1. Call to Order / Roll Call
2. Citizen Input
3. Resolutions
a. Resolution No. 04-25, Series of 2004, Resolution relating to Proposed Amendments
to existing Non-Developable Areas in the Wildridge Planned Unit Development
(Tambi Katieb) - Resolution addressing basic criteria to proposals in Wildridge that
would request a change to existing platted "non developable areas".
b. Resolution 04-28, Series of 2004, a Resolution approving revised Town of Avon
Residential, Commercial and Industrial Design Review Guidelines - Procedures,
Rules and Regulations as adopted November 6, 2001 (Tambi Katieb)
c. Resolution No. 04-29, Series of 2004, Resolution Approving and Accepting the
Public improvements Installed and Constructed in Accordance with Subdivision
Improvements Agreement of the Village (At Avon) Filing 2 and Establishing Warranty
Period for said Improvements Avon, Eagle County, Colorado (Norm Wood)
4. Ordinances
Second Reading and Public Hearing
a. Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores
or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage
Tastings (John Dunn) - Ordinance that addresses the recently passed legislation at
the State that allows tastings at the above referenced establishments.
b. Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon,
Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor
(John Dunn) - Ordinance that addresses the conflict between Avon's Code and the
recently passed legislation at the State pertaining to open containers.
First Reading
a. Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to
Establish Regulations and Standards Regarding the Protection of Wildlife and
Providing Penalties for the Violation Hereof (John Dunn) - Addresses concerns with
wildlife and refuse containers
b. Ordinance No. 04-12, Series of 2004, An Ordinance Amending Title 16 and 17 of the
Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit
Development Zone Districts, Definition of Building Height, and Parking (Tambi
Katieb) - Ordinance proposes several revisions to both the Zoning and Subdivision
Codes
c. Ordinance No. 04-13, Ordinance Amending Section 8.24.085 of the Avon Municipal
Code to Allow the Grant of an Exception to Construction Hour Limitations Under
Certain Conditions (Norm Wood) - Ordinance that addresses the Exception to
Construction Hour Limitations Under Certain Conditions.
Avon Council Meeting. 04.07.27
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JULY 27, 2004 - 5:30 PM
Page 2
5. New Business
a. Public Hearing for Permit Application for Outdoor Use of Sound Amplification System
(Patty McKenny)
Applicants Name: John Osurio
Event Name: American Crown Circus, Inc.
Event Date: July 29, 2004; 2 shows, 6 PM - 8PM & 8 PM - 10 PM
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the July 13, 2004 Regular Council Meeting Minutes
b. Renewal of Hotel/Restaurant liquor license for China Garden, 100 W. Beaver Creek
Blvd, Avon, Colorado (Patty McKenny)
c. Nottingham Road Improvements - (Phase 1) Easement Appraisals - Valuation
Consultants, Inc. Appraisal Services Proposal (Norm Wood)
d. Nottingham Road Improvements (1-70 to Buck Creek Road) Intermountain
Engineering, Ltd. Additional Engineering and Contract Administration Services
Proposal - Proposed for Surveying and Landscape Design Services
(Norm Wood)
e. Resolution No. 04-30, Series of 2004, A Resolution Consenting To Participation By
The Eagle Valley Library District In The Colorado Intergovernmental Risk Sharing
Agency (John Dunn) - Authorizing Eagle Valley Library District's participation in
CIRSA
f. Resolution No. 04-31, Series of 2004, Resolution Approving the Final Plat, A
Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado
(5350 Ferret Lane) (Anne Martins)
g. Polling Place Agreement - Eagle County Clerk & Recorder - A Request of the Town
to use the Municipal Building (Council Room) as an Official Polling Location to serve
Precincts Nos. 15 & 19 for the November general election (Patty McKenny)
12. Adjournment
Avon Council Meeting. 04.07.27
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT THE AVON MAYOR AND TOWN COUNCIL MEMBERS
WILL ATTEND A DINNER WITH THE BEAVER CREEK RESORT COMPANY BOARD
MEMBERS ON MONDAY, JULY 26, 2004 BEGINNING AT 6:30 PM AT VISTA RESTAURANT,
48 EAST BEAVER CREEK BLVD, AVON, CO
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 23, 2004
? AVON MUNICIPAL BUILDING, MAIN LOBBY
? ALPINE BANK, MAIN LOBBY
? AVON RECREATION CENTER, MAIN LOBBY
? CITY MARKET, MAIN LOBBY
Special Meeting. vvctb.04.04.02
FINANCIAL MATTERS
July 27, 2004
1. YTD Building Revenue Report Actual vs Budget - June 2004
2. Detail-Real Estate Transfer Taxes - June 2004
3. Accomodations Tax Worksheet Actual vs Budget - May 2004
4. Sales Tax Worksheet Actual vs Budget - May 2004
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2004
Amount
Purchaser Name Property Received
June Balance Forward $ 796,108.89
Holiday Christie Lodge Timeshare $2.00
Title Comp Rockies Christie Lodge Timeshare $12.00
Title Comp Rockies Christie Lodge Timeshare $99.95
Title Comp Rockies Mtn. Vista 04-25 7,645.32
Title Comp Rockies Mtn. Vista 04-24 3,549.20
Title Comp Rockies Mtn. Vista 04-23 5,548.50
Title Comp Rockies Mtn. Vista 04-22 4,988.90
Title Comp Rockies Lakeside Tern-ace 274.90
Holiday Falcon Pointe Timeshare 1.98
1 st American Heritage Falcon Pointe Timeshare 54.00
The Board Room Limited Liability Company Avon Commercial Center 113 7,500.00
Randall M. Guerriero Avon Commercial Center 234 5,500.00
Evan DeMuth Metcalf Commercial 104 3,415.50
Russell Dasovich Gosshawk Townhomes #5 2,620.00
Michael & Pamela Camelio Bristol Pines Townhomes 3 5,500.00
Michelle & Christopher McKenna Chambertin Townhomes #5 7,260.00
The Kane Living Trust Seasons @ Avon 613 7,900.00
Abend Family Trust Benchmark Condo C-1 1,700.00
Marvin Sleeper Jr. Sunridge @ Avon II G-101 100.00
Francisco Calderon Sunridge @ Avon II C-302 710.00
John W. Meckem Sunridge @ Avon II D-201 3,160.00
Mallon Virginia Sonnen Halde Condo 3-B 680.00
Michelle Kump Elk Run Townhomes 80-D 3,155.00
Michael & Laura Bennett Avon Lake Villas Q-2 7,300.00
William Jack 4311 Eaglebend Drive 4,150.00
Clifford Olson Lot 11 A Blk 1 Eaglebend 17,900.00
Elizabeth Taylor Trustee Lot 17 A Blk 4 Wildridge 14,800.00
Matthew Kamper & Laura Medina Lot 25 B Blk 1 Wildridge 8,800.00
Gary Plath Lot 22 B Blk 2 Wildridge 8,000.00
Total June Revenue $132,327.25
Total YTD Revenue 928,436.14
Total 2004 Budget 1,350,000.00
Variance, Favorable (Unfavorable) $ (421,563.86)
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Office of the Town Manager
To: Honorable Mayor and Town Council
From: Larry Brooks, Town Manager
Date: July 21, 2004
Regarding: 1-70 Coalition Meeting Update
Buz and I attended the initial meeting of the above referenced coalition. The function of the
group is to submit a locally preferred alternative for the Central Mountain Corridor to CDOT,
and to use a unified voice to gain support and funding for such improvements. The attached
minutes are self-explanatory. The IGA referred to in Gary's cover transmittal is the same
IGA that Avon executed on April 13, 2004.
I expect that participation in this group will require funding from each of the participants in
much the same way we fund our participation in NWCOG, CAST, or other such
organizations. I also suspect that nothing short of a strong, unified voice of the region will
ever result in an appropriate solution to the mobility issues in the corridor. Buz and I will fill
you in under his committee update.
O C1 O OV N T
July 19, 2004
RURAL RESORT REGION
PO Box 2308 a Silverthorne, Colorado 80498
970-468-0295 • Fax 970-468-1208 • email: rrr@nwc.cog.co.us
Thank your for taking time out of your busy schedule to attend the 1-70 Central Mountain
Transportation Corridor Coalition Meeting on Friday July 16 in Summit County. The
Interim Executive Committee for the Coalition was selected and consists of:
Clear Creek County Jo Ann Sorensen Commissioner, Clear Creek
County
Alt. - Dennis Lunberry Mayor, City of Idaho Springs
Eagle County Stan Zemler Manager, Town of Vail
Alt. - Mike Gallagher Commissioner, Eagle County
Garfield County Tr6si Houpt Commissioner, Garfield County
Alt. - To be determined
Grand County To be determined
Lake County Bud Elliott Mayor, City of Leadville
Alt. - To be determined
Summit County Bob French Commissioner, Summit County
Alt. - Barbara Davis Mayor, Town of Dillon
The remainder of this packet contains the summary of the meeting and the attendance
list with contact information.
The next step is to convene a meeting of the Coalition's Interim Executive Committee to
establish a funding schedule to support the effort and to unify the Intergovernmental
Agreements. A copy of the Breckenridge version of the IGA has been included in this
packet. If you have any questions, please do not hesitate to contact me.
Sincerely,
Gary Severson
Executive director, Northwest Colorado Council of Governments and Adminstrator, Rural
Resort Region
Rural Resort Region is a voluntary coalition of county and municipal governments, business organizations
and other entities who desire to address regional issues of mutual concern.
Founding jurisdictions: Eagle County, Garfield County, Lake County, Pitkin County, Summit County.
A Summary of:
1-70 Central Mountain Transportation Corridor Coalition Meeting
Friday July 16, 2004
Summit County
The fist meeting of the 1-70 Central Mountain Transportation Corridor Coalition was
hosted by Rural Resort Region on July 16, 2004 at the Summit county commons near
Frisco from 10:00 a. m. to 2:00 p.m. The stated objectives for the meeting were:
1. Define the situation to be addressed by an 1-70 Central Mountain Coalition.
2. Identify ways in which an 1-70 Central Mountain Coalition can positively address
the defined situation.
3. Describe what an 1-70 Central Mountain Coalition should look like and how it
should operate.
4. Identify a timeline for actions concerning an 1-70 Central Mountain Coalition.
Tresi Houpt, Garfield County Commissioner and 2004 Rural Resort Region Chair
welcomed participants, 35 individuals representing 19 local governmental jurisdictions
and turned the floor over to State Representative Gary Lindstrom, House District 56 to
give a background to set the stage for the day's meeting.
Following Representative Lindstrom's presentation, Gary Severson, Executive director of
Northwest Colorado Council of Governments and Administrator for Rural Resort Region
facilitated the meeting to accomplish the stated objectives. The remainder of this
summary are the comments and conclusions by objective.
Objective 1 - Define the situation to be addressed by_an_1-70 Central Mountain Coalition.
• Insufficient funding to maintain current 1-70 infrastructure.
• How to obtain additional funding for 1-70 through existing mechanisms as well as
new sources of funding.
• Current alternatives for 1-70 do not have vision and are too locked into asphalt. The
Coalition needs to identify better alternatives for 1-70.
• Lack of private sector involvement from the affected jurisdictions.
• Traffic noise problems.
• Lack of "one voice" for the Central Mountain Corridor.
• Traffic jams on 1-70 every Sunday afternoon.
• Lack of CDOT coordination for planning projects that address the primary points of
congestion.
• CDOT spends limited funds "just to be doing something" without coordinated efforts
for meaningful results.
3
• Lack of transit on 1-70.
• Lack of concern by CDOT for sustainability of historic preservation, business survival
and growth, and environment.
• Lack of a regional airport to serve Summit County that would take pressure off of DIA
and 1-70. Leadville could be regional airport.
• Lack of plans in phase I for mitigation of impacts.
• Unwillingness of Administration to fund highways at Congressionally approved
levels. US Senate approved $318 billion and US House approved $228 billion, but
Administration is willing to fund only $150 billion.
• No alliances within Central Mountain Corridor, so we never get in line for funding.
• No statewide buy-in to solve a problem on 1-70 that has statewide significance.
The discussion resulted in an overall mission of the coalition: To develop a locally
preferred alternative that will result in moving people and goods on 1-70 to and
through the Central Mountain Corridor with the least amount of negative social,
economic and environmental impacts.
Objective 2 - Identify ways in which an 1-70 Central Mountain Coalition can positively
address the defined situation.
• A common voice, made up of alliance with all interests for the Central Mountain
Corridor must be developed.
• The Coalition must, through consensus, develop one locally preferred alternative.
• The Coalition must take a worldview of the 1-70 Corridor.
• The Coalition must show that the locally preferred alternative is a way to solve
problems for the Front Range. This will allow the Coalition to gain support from Front
Range interests.
• The Coalition must address local impacts as well as Front Range problems.
• Make sure to use a broader plan to include other parts of the state.
• Create a statewide alliance plus a Front Range alliance as well as the local area.
• Use the US 36 Transit Alliance as a model for organization and public/private
partnership.
• Identify areas of commonality with areas outside of Central Mountain corridor, i.e.
interstate trucking.
• Market the locally preferred alternative as betterment for the entire state for the
future.
• Seek additional funding for road maintenance for existing problems.
• Focus on the Governor's Office.
• Focus on dollars spent going to solutions not to studies.
• Local consensus is very important to our congressional delegation.
• The locally preferred alternative should address issues from CDOT's point of view,
i.e. we are running out of asphalt.
• The locally preferred alternative should be designed for a seventy-year life span with
considerations for maintenance.
• The coalition needs to understand the culture of CDOT.
The discussion resulted in an overwhelming expression of need for the Coalition to
speak with one voice through a locally preferred alternative.
Objective 3 - Describe what an 1-70 Central Mountain Coalition should look like and how
it should operate.
• Local government should be the host, but the Coalition should quickly expand to
include a variety of perspectives and interests.
• The Coalition should explore forming a Transportation Management Organization
(TMO) as a model.
• The Coalition must include strong educational and lobbying components.
• The Coalition must include the ski industry and other local businesses.
• The Coalition must develop a strong marketing campaign aimed at locals as well as
the Front Range.
• Be certain to include businesses that target destination skiers.
• Include second homeowners.
• The Coalition must have a staff dedicated to this project.
• The Coalition must identify funding sources to support the organization.
• The Coalition's Executive Committee should reflect geographic areas represented by
local jurisdictions.
• The Executive committee should be responsible for getting a locally preferred
alternative drafted for comment by Coalition members.
• The Executive Committee should apply to CDOT for funding to establish the TMO.
• Lobbying efforts must occur at the state and federal levels.
• The Coalition should be prepared to become an IRS 6320 Public Purpose
Corporation: Not for profit, lobbying and bonding authority and governored by a
public/private board of directors.
• Seek legal advice.
• The Coalition must contain a strong public relations component. Contract with a
professional firm.
• The Coalition must assure that there will be one united response from interests in the
Central Mountain Corridor to the 1-70 PETS draft.
The discussion revealed that the participants believe that the Coalition needs to have
funding for dedicated staff and on-going operations. It was determined that Rural Resort
Region should take the lead in organizing the Coalition, then a decision will be made to
continue the Coalition as a part of Rural Resort Region or if the Coalition will stand on its
own as an independent organization.
Objective 4 - Identify a timeline for actions concerning an 1-70 Central Mountain
Coalition.
The following action plan provides the initial tasks to be completed, by when and by
whom.
4
6
What Needs to be Accomplished
Find out schedule for 1-70 PEIS
Form Interim Executive Committee
Convene first Executive Committee meeting
Develop locally preferred alternative
I Standardize 1-70 IGA
Make every jurisdiction aware of effort and invite participation of
those not currently involved
Identify central contact point
Develop consistent message including purpose and goals of
Coalition
When Responsibility
ASAP Gary Lindstrom
7/16/04 Gary Severson
by 8/16/04 Gary Severson
Prior to Executive committee
release of
draft PEIS
8/16/04 Executive committee and
Rural Resort Region
8/16/04 Rural Resort Region
ASAP Executive committee
8/16/04 Executive committee
Determine financial obligations to participants 8/16/04 Executive committee
Obtain Transportation Management Organization status 9/30/04 Rural Resort Region
Develop media release concerning first meeting 8/16/04 Rural Resort Region
Create name of Coalition with "catchy" acronym 8/16/2004 Executive committee
The meeting adjourned at 2:00 p.m.
5
I-70 COALITION MEETING ATTENDEES LIST
JULY 16, 2004
FRISCO, COLORADO
Gary Lindstrom Barbara Davis
Representative Mayor
Colorado State Legislature - Dist 56 Town of Dillon
138 Lakeview Cir W PO Box 8
Breckenridge, CO 80424 Dillon, CO 80435
gary@garylindstrom.com 970-262-3407
bdavix@aol.com
Michael Penny
Town Manager Bernie Zurbriggen
Town of Frisco Mayor
PO Box 4100 Town of Frisco
Frisco, CO 80443 PO Box 4100
970-668-9123 Frisco, CO 80443
michaelp@townoffrisco.com 970-668-5132
bernie@summitnet.com
Larry Brooks
Town Manager Ted Wang
Town of Avon Mayor
PO Box 975 Town of Granby
Avon, CO 81620 PO Box 440
748-4005 Granby, CO 80446
(brooks@avon.org 887-2501
twang@rkymtnhi.com
Buz Reynolds Jr
Mayor Lou Del Piccolo
Town of Avon Mayor
P.O. Box 975 Town of Silverthorne
Avon, CO 81620 PO Box 1309
904-4226 Silverthorne, CO 80498
breyncorp@aol.com 262-7300
xldp@silverthorne.org
Michael Gallagher
Commissioner Greg Moffet
Eagle County Councilmember
PO Box 850 Town of Vail
Eagle, CO 81631 1655 Aspen Ridge Road
970-328-8605 Vail, CO 81657
michael.gallagher@eaglecounty.us 479-1860 x 5
greg@busad.com
Ernie Blake
Mayor Bill Linfield
Town of Breckenridge Public Works Director
PO Box 2650 Town of Silverthorne
Breckenridge, CO 80424 PO Box 1309
453-2251 Silverthorne, CO 80498
ernblake@aol.com 262-7340
wlinfield@silverthorne.org
6
I
Stanley Zemler Daniel Gibbs
Town Manager Western Field Director
Town of Vail Congressman Udall's Office
75 S Frontage Rd W PO Box 325
Vail, CO 81657 Minturn, CO 81645
479-2105 970-827-4154
szemier@vailgov.com Dan.Gibbs@mail.house.gov
Greg Hall Wiley Smith
Town Engineer Town Planner
Town of Vail Town of Minturn
75 S Frontage Rd W PO Box 309
Vail, CO 81657 Minturn, CO 81645
479-2100 970-827-5645
ghall@vailgov.com planner@minturn.org
Helen Migchelbrink Tresi Houpt
County Engineer Commissioner
Eagle County Garfield County
PO Box 850 108 8th St Ste 213
Eagle, CO 81631 Glenwood Springs, CO 81601
970-328-3560 970-384-3665
Helen.Migchelbrink@eaglecounty.us thoupt@garfield-county.com
Ron Holliday Harry Dale
County Manager Commissioner
Summit County Clear Creek County
PO Box 68 PO Box 2000
Breckenridge, CO 80424 Georgetown, CO 80444
453-2561 303-679-2312
ronh@co.summit.co.us hjd173@aol.com
Tim Gagen Dennis Lunbery
Town Manager Mayor
Town of Breckenridge Town of Idaho Springs
PO Box 168 P.O. Box 907
Breckenridge, CO 80424 Idaho Springs, CO 80452
453-3161 (303) 567-4421 Ext.21
timg@townofbreckenridge.com mayor@idahospringsco.com
Bud Elliott Cynthia Neely
Mayor Planning Dir
City of Leadville Town of Georgetown
800 Harrison Ave PO Box 532
Leadville, CO 80461 Georgetown, CO 80444
719 486-2571 303-569-2530
Ivmayor@leadville-co.gov ccneely@yahoo.com
Dave Merritt Fred Lyssy
Councilmember Mayor
City of Glenwood Springs Town of Silver Plume
101 W 8th St Drawer F
Glenwood Springs, CO 81601 Silver Plume, CO 80476
970-384-6400 303-748-5110
davidhmerritt@aol.com flyssy@comcast.net
i
Linde Marshall
Area Representative
US Sen Wayne Allard's Ofc
215 Federal Building
Grand Junction, CO 81501
970-245-9553
Linde-Marshall@Allard.senate.gov
Annie Esbenshade
Intern
Town of Gypsum
PO Box 1942
Gypsum, CO 81637
970-948-4104
anne@townofgypsum.com
David Johnson
ECO Transit
PO Box 1070
Gypsum, CO 81632
970-328-3524
davidjohnson@eaglecounty.us
James Shockey
Town Planner
Town of Grand Lake
PO Box 6
Grand Lake, CO 80447
970-627-3435
glplanning@townofgrandlake.com
Don Dempsey
Grand County Resident - ex-CIFGA
PO Box 3454
Winter Park, CO 80482
970-726-4097
wpdon@rkymtnhi.com
Ed Rapp
CO Intermountain Fixed Guideway Inc.
PO Box 143
Dumont, CO 80436
303-567-2204
egtjrapp@aol.com
Anne W. Callison
Barbour Communications Inc.
437 S. Pontiac Way
Denver, CO 80224
303-331-0704
awbarbour@aol.com
Cassandra Sherk
Silver Plume
PO Box 975
Silver Plume, CO 80476
303-569-9420
cassandra.sherk@usap.gov
Bob French
Commissioner
Summit County
PO Box 68
Breckenridge, CO 80424
970-453-3411
bfrench@co.summit.co.us
Jurisdictions Represented
Town of Avon
Town of Breckenridge
Clear Creek County
Town of Dillon
Eagle County
Town of Frisco
Garfield County
Town of Georgetown
City of Glenwood Springs
Town of Granby
Town of Grand Lake
Town of Gypsum
City of Idaho Springs
City of Leadville
Town of Minturn
Town of Silver Plume
Town of Silverthorne
Summit County
Town of Vail
Ck
INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70
CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
on January 20, 2004 by and between several counties and towns in the 1-70 mountain corridor.
WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory
coalition of governments along the-Interstate 70 central mountain corridor in Colorado to plan and create
locally preferred alternatives to meet the current needs and to plan for the future for the improvement of
transportation; and
WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and
improved as possible, be as safe as possible, and to have a plan in place that will address the
transportation needs in the corridor for the next fifty years; and
WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a
transportation plan that minimizes and balances detrimental environmental impacts, preservation of the
unique local character of the counties and towns in the corridor; and provides for the effective flow of
ever increasing traffic volumes, and
WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities
need to be continually brought forward as part of this process; and
WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as,
but not limited to, the counties and towns that are listed as participants and or potential participants to
this agreement; and
WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to
promote the health, safety and welfare; and
WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in
the coalition as more fully set forth herein.
NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
A. COALITION PURPOSES: The general purposes of the Coalition are:
1. To prepare locally preferred alternative transportation plans for the corridor that could be
presented to the Colorado Department of Transportation.
2. To determine the locally preferred alternatives to meet the wants and needs of our local
communities to better serve them in their transportation needs.
3. To attempt to influence the Colorado Department of Transportation, the Colorado State
Legislature, the Federal Highway Administration, the United States Congress and other Federal
\0
and State entities having jurisdiction over the planning, implementation or operation of corridor
transportation projects to provide resources to build locally preferred alternatives to meet the
transportation goals of the corridor.
4. To apply for grants and other funding, through sponsorship of a member agency, from
Colorado, Federal and other sources to do planning and research on methods to build locally
preferred alternatives to improve transportation in the corridor.
5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of
Transportation Commissioner District, Engineering District and Planning District.
B. GOVERNANCE:
1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote.
2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members.
3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee
consisting of one member from each member county The member could be from the member
county or one of the towns in the member county in the coalition.
4. DUES AND EXPENSES: Each member would pay their own costs of participating and there
would not be any dues. If a special project were approved by the Coalition Board then the Board
by separate agreement will develop a funding formula for paying the expense of the project. Any
member opting to not participate in the funding formula would terminate membership in the
Coalition.
5. STAFF: There will be no staff except those contracted for a specific short-term purpose.
C. COALITION BOARD DUTIES AND OBLIGATIONS:
1. Establish a quarterly meeting schedule.
2. Establish bylaws and rules of conduct for the Coalition.
3. Define and prioritize the Coalition projects to be undertaken by the
Executive Committee.
4. Appoint the Executive Committee from nominations made by the members.
5. Approve locally preferred alternatives and action plans prepared by the
Executive Committee.
6. Adopt an annual coalition budget for projects in the upcoming year.
7. Determine the formula for calculating the funding of projects.
D. EXECUTIVE COMMITTEE DUTIES:
1. Establish a monthly meeting schedule.
2. Advance the purposes of the Coalition and complete the projects prioritized
by the Coalition Board.
3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative
summary of the Executive Committee activities.
E. MEMBER OBLIGATIONS:
1. Appoint a representative to the Coalition Board and to participate in meetings on a regular
basis.
2. Hold harmless the Coalition Board, its members, its officers, employees, and agents.
F. TERMINATION:
1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the
material covenants or agreements to be kept, done or performed by it under the terms of this
Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default.
Within thirty (30) days following receipt of such notice the defaulting party shall correct such
default, or in the event of a default not capable of being corrected within thirty (30) days of receipt
of notification thereof and thereafter correct the default with due diligence. If the defaulting party
fails to correct the default as provided above, the Coalition, without further notice, shall have the
right to declare that this Agreement is terminated, in so far as it concerns the defaulting member,
effective upon such as the Coalition shall designate and the non defaulting member shall have
the right to recover such damages as it shall be entitled to by law. The rights and remedies
provided for herein may be exercised singly or combination.
2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason
by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety
(90) days prior to the thirty- first day of December of the year in which the notice is given. Such
termination shall become effective upon the first day of January of the year succeeding the date
on which the notice is given. Other than as permitted in paragraph F.1 above, no member shall
be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance
will any portion of the withdrawing agency's contribution to the Coalition be returned or prorated
due to withdrawal.
G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a
waiver of those rights.
H. TERM/RENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding
year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of
\ti
the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the
member's governmental body in an amount sufficient to allow the member to perform its obligations
hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the
Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non-appropriating
member without penalty, provided the member furnished the Coalition written notice ninety (90) days
prior to the date of non-appropriation if possible. Such termination shall become effective upon the first
day of January for the year that the non-appropriation operates. No member shall be permitted to
withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the
following year, and in no circumstance will any portion of the withdrawing member's contribution to the
Coalition be returned or pro-rated due to withdrawal. The member's obligations hereunder shall not
constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial
obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado.
1. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to
Interstate 70 Central Mountain Transportation Corridor Coalition.
J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized
and executed by the parties hereto.
K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding
between the parties and supersedes any prior agreement or understanding relating to the subject matter
of this Agreement.
L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party
any right to claim damages or to bring suit, or other proceeding against any party because of any term
contained in the Agreement.
M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any
application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained in this Agreement and the application thereof shall
not in any way be affected or impaired thereby.
N. APPLICABLE LAW: At all times during the performance of this Agreement, the parties shall strictly
adhere to all applicable federal, state, and local laws, rules and regulations that have been or may
hereafter be established, and all work performed under this Agreement shall comply with Federal, State,
and local laws, rules and regulations.
0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with
Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been
approved by the Boards of County Commissioners, Town Councils, and other authorities having the
power to so approve.
IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first
written above.
Signature
Date:
Signature
Date:
Jurisdiction
Jurisdiction
No?tk"Colorado
COUNCIL OF GOVERNMENTS
In 1996, five Colorado counties (Eagle, Garfield, Lake, Pitkin and Summit) formed the
Rural Resort Region (RRR) to address regional issues affecting communities dependant
upon resort economies. In January 2002, the Rural Resort Region joined forces with
NWCCOG (Northwest Colorado Council of Governments) to form a new working
relationship. The new partnership opened RRR's doors to any county or municipal
governmental jurisdiction, special taxing district, not for profit organization or private
business that is interested in the issues addressed by RRR. As a result, RRR has increased
from its original five counties.
At the November 13, 2003 meeting in Leadville, the RRR Board passed a motion to
waive dues for all members in 2004, operating off of the approximately $23,000 in
anticipated carry over funds. For 2004, membership in RRR is offered as a benefit of
NWCCOG membership with no additional dues.
The RRR affiliate roster for 2004 includes eight counties (Clear Creek, Eagle, Garfield,
Grand, Jackson, Lake, Pitkin, and Summit), and is open to participation from all of the
municipalities within these eight counties. Colorado Mountain College (CMC) and the
Vail Valley Chamber and Tourism Board (VVCTB) are also affiliates.
RRR is an issues-based, boundaryless organization that works to identify relationships
between resort community issues. The group then works to develop solutions and
strategies by building partnerships and coalitions among entities affected by these issues.
For 2003, RRR identified mountain workforce housing as its primary focus. At the
January 23, 2003 meeting, RRR affiliates created four committees to focus on specific
components of the workforce housing issue. Each committee developed a prioritized list
of recommendations and options specific to the eight county RRR area, addressing their
assigned component of the workforce housing problem. The results were unveiled at the
2003 Summit on Mountain Workforce Housing.
In 2004, RRR received a request from its affiliates to convene the first meeting of an I-70
Central Mountain Corridor Transportation coalition. This first meeting is designed to
assist the group in defining its goals, develop a structure and process to move forward,
and to determine the next steps necessary for the group to address these goals.
XI)
Memo
Ta Honorable Mayor and Town Council
Tlhmr Larry Brooks, Town Manager
From: Tambi Katieb, Community Developmen7
Datm July 22, 2004
Re: Lot 2, Filing 1, Village at Avon PUD building update
C O L O R A D O
Staff will provide you with an update on the commercial and office building proposed for Lot
2, Filing 1, Village at Avon PUD and review plans submitted by the developer as well as the
requirements of the building permit review process.
Lot 2, Filing 1, Village at Avon PUD - Building P
Update to Council / July 27, 2004 Work session
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Dire
cto
Dale: July 19, 2004
Re: Outdoor Lighting Plan Request For Proposals (RFP)
C O L O R A D O
Summary:
At your last review of the proposed scope of services for the Outdoor Lighting Plan and
Ordinance Request for Proposals, Town staff were directed to include not only a review of
municipal lighting but include an assessment of all outdoor lighting issues.
The attached RFP we are proposes that the lighting scope of services contain the following
work products:
1. Evaluation and review of the existing lighting and light fixtures in the municipality;
2. Ranking and prioritization of existing outdoor lighting issues and a proposed phasing
plan based on the levels of excess lighting as they currently exist by area;
3. Comparative analysis of the existing lighting standards in adjacent urban areas of the
Valley, including Edwards, Vail, and Beaver Creek, and a synopsis of the potential
impact of both excessive and minimized lighting to residents, business, and tourist-
oriented commerce.
4. Assessment and recommendations on the appropriate lighting level by area (i.e.
residential, public areas, commercial), including a practical approach to measurable
lighting levels;
5. Specific recommendations on municipal lighting standards, including anticipated costs
for replacement or upgrades of installed fixtures to achieve recommended lighting
levels.
6. Submittal of a draft outdoor lighting ordinance for adoption by the Town, based on the
proposed draft as prepared by Town staff and the Planning Commission, which
supports the overall assessment and objectives.
We anticipate proposals to assist us in putting a `cost' to this project. Likewise, we have
been unable to estimate an accurate cost range for this RFP from discussions with lighting
consultants and other municipalities that have adopted outdoor lighting regulations since the
content (including the assessment and analysis portion) is so variable by jurisdiction.
Outdoor Lighting Plan and Ordinance RFP
July 27, 2004 Work session
Recommendation:
Staff would request that Council provide direction on the RFP as proposed in order to fully
understand and anticipate any required changes to the Town's Capital Improvement
Program (CIP) budget before your September budget retreat.
Likewise, continued direction on the work, public process and proposed draft outdoor
lighting ordinance last reviewed June 2, 2004 by Council as it relates to the proposed RFP
would also assist Community Development staff in preparation and update of their revised
2005/2006 departmental work program.
Town Manager Comments
Outdoor Lighting Plan and Ordinance RFP
July 27, 2004 Work session
TOWN OF AVON
REQUEST FOR PROPOSAL - OUTDOOR LIGHTING PLAN AND ORDINANCE
PROPOSALS MUST BE RECEIVED NO LATER THAN: 5:00 p.m., Friday, August 13, 2004
Proposals received after this time will not be evaluated.
Information Contact: Tambi Katieb
Community Development Director
Phone: 970-748-4030
Fax: 970-949.5749
Email: tkatieb@avon.org
The purpose of this Request for Proposal (RFP) is to obtain proposals from qualified
consultants to assist in the development of a plan for regulating outdoor lighting.
Proposals can be mailed to the Town of Avon, PO Box 975, Avon, CO 81620 or hand-
delivered to 400 Benchmark Road in Avon.
Please complete all areas of this page before returning your proposal. By signing this
form, you verify having read this information and agree to provide the services
proposed herein.
Proposer's Signature:
Proposer's Printed Name:
Date of Proposal:
Company Name:
Mailing Address:
City:
Telephone:
State: Zip:
Fax:
Federal Tax No. or Social Security No.:
Failure to complete and submit this form may result in rejection of your proposal.
I. Administrative Background
The Town of Avon incorporated on August 8, 1978 and celebrated its 25th anniversary
last year. As a local government, Avon is tasked with providing basic and enhanced
services to its 5,700 residents. Avon is a home-rule town run by a Town Manager -
Council form of government. The 7-member council is elected at-large to serve 4-year
terms.
The Town is a bustling and energetic community that contains a unique mix of both
resort and local housing, resort industry (the corporate headquarters for Vail Resorts)
and light industrial and commercial industry, and local and regional retail opportunities.
The Town has felt the effects of rapid expansion, much like other resort areas in the
Rocky Mountain West, growing over 200% in the last 10 years.
The Town regulates development through traditional Zoning, Subdivision and Building
Codes. Likewise, the Town is also charged with a design review function for most
property in Town boundaries. The existing Design Review Guidelines for the Town
state:
"Access to a clear and visible night sky is a strong value to our community. Light
pollution is a threat to our clear skies that are part of the heritage of the Rocky
Mountain west. Night lighting on a site should be regulated to minimize the undesirable
effects that 'over-lighting' a site or residence can have on a community, neighbors, and
guests. At the same time, lighting is desirable for safety and aesthetic purposes."
Town Council identified the need for increased outdoor lighting regulations in the Avon
Municipal Code, rather than the design guidelines, earlier this year. The design
guidelines address only new construction, and most importantly, do not affect a recent
annexation which effectively doubles the size of the Town as that project has its own
design review function and is not subject to the guidelines of the Town. The Council
also expressed a desire to'phase out' existing outdoor light sources that create
excessive lighting, including municipal lighting where possible.
Town staff and the appointed Planning Commission have spent the last six months
drafting an "Outdoor Lighting Ordinance" for eventual adoption in the Avon Municipal
Code.
Several initial public hearings with Town Council to review the proposed ordinance
revealed that the issues surrounding outdoor lighting, its potential affect on commerce,
public safety and aesthetics were more complex than initially anticipated. Thus, in an
effort by Town Council to fully realize the myriad of issues associated with restricting
outdoor lighting, including municipal lighting sources, direction was given to staff to
prepare this request for proposals and seek professional assistance prior to adopting
any new outdoor lighting restrictions.
6
The entire project proposal should be judicious in its review of standards and final
recommendations, realizing that the economy of the Town is predicated on the ability
for existing and new resort-oriented business to remain competitive in the Vail Valley.
Likewise, it was requested that the proposal contain certain specific components as
identified in the Scope of Services contained herein.
II. Statement of Purpose
The purpose of this Request for Proposal (RFP) is to obtain proposals from qualified
professional lighting consultants to assist in the development of a Town of Avon
outdoor lighting assessment and draft lighting ordinance. Execution of this contract will
involve survey of existing outdoor lighting sources, including municipal lighting,
recommendations based on recent industry outdoor lighting standards for both public
and private lighting, and a draft ordinance that effectively prioritizes and provides a
phased approach to minimizing any existing outdoor light pollution (as more specifically
described in the scope of work).
III. Scope of Work
In order to fully assess the existing lighting impacts of Avon, as well as the potential for
any changes to lighting (including municipal lighting), the scope of services of this
request for proposals shall address the following areas:
1. Evaluation and review of the existing lighting and light fixtures in the municipality;
2. Ranking and prioritization of existing outdoor lighting issues and a proposed phasing
plan based on the levels of excess lighting as they currently exist by area;
3. Comparative analysis of the existing lighting standards in adjacent urban areas of the
Valley, including Edwards, Vail, and Beaver Creek, and a synopsis of the potential
impact of both excessive and minimized lighting to residents, business, and tourist-
oriented commerce.
4. Assessment and recommendations on the appropriate lighting level by area (i.e.
residential, public areas, commercial), including a practical approach to measurable
lighting levels;
5. Specific recommendations on municipal lighting standards, including anticipated costs
for replacement or upgrades of installed fixtures to achieve recommended lighting
levels.
6. Submittal of a draft outdoor lighting ordinance for adoption by the Town, based on
the proposed draft as prepared by Town staff and the Planning Commission, which
supports the overall assessment and objectives.
LO
IV. Designer/ Contractor Minimum Qualifications
A contract will be awarded only to responsible prospective consultant. In order to
qualify, a consultant must meet the experience and background as they relate to this
request for proposal and have an established record of performance that is
demonstrable through the submittal of the RFP.
The successful Consultant will demonstrate experience in the following areas:
1. Experience in the preparation of municipal outdoor lighting ordinances, regulations,
and/or guidelines; and
2. Experience in evaluation and preparation of municipal lighting standards; and
3. Lighting design for municipal and commercial projects based on life safety, industry
standards, aesthetics; particular experience in resort areas of the Rocky Mountain
West is preferred.
All proposals must contain the following information:
a. A concise description of how the proposer meets the minimum qualifications and has
specific experience in this area.
b. A conceptual plan demonstrating how the proposer will fulfill items listed under
Section III, Scope of Work above. Additional material may be requested by Avon before
selecting a successful proposal.
c. Name and contact information for the key person assigned by the proposer to this
project.
d. Resumes or background descriptions of all key personnel to be assigned to this
project.
e. Information on work (similar to the current project) completed by proposer over the
past four (4) years. A minimum of three (3) complete references must be submitted.
f. Separate descriptions of charges for fulfilling the scope of services requested.
V. Deliverable Items/ Performance Requirements
1. Period of Performance
The period of performance shall begin upon the date the contract is signed by all
parties and extend to the deadline for deliverables as outlined herein. The contract may
be extended upon agreement by both parties. Hourly rates for work categorized in IV,
3, f above may be renegotiated as part of the contract renewal process. Meetings
between Avon and the consultant will be held as often as necessary to accomplish the
required tasks and discuss problem areas. Either party may suggest a meeting.
2. Deliverable Items
All documentation shall be provided in Microsoft Word and PDF format, including the
proposed ordinance. Associated report information, including executive summaries and
I
progress drafts for public hearings will be the responsibility of the consultant to provide
as requested by the Town.
3. Delivery Deadlines
Deadlines for delivery of all items listed above shall be negotiated with the consultant,
provided the draft ordinance and associated report is complete by the deadline as
stated herein.
PROPOSAL/ SUBMITTAL PROCESS
Respondents must submit one (1) original and three (3) complete copies of the
proposal to: Attn: Tambi Katieb, Director of Community Development, Town of Avon,
PO Box 270, Avon, CO 81620, No later than 500 p m Friday., August 13, 2004. All
proposals that are not received by the deadline will be considered late and will be
returned to the proposer unopened.
Proposals shall be submitted at the time and place indicated in the Request for Proposal
and shall be submitted in a sealed envelope appropriately marked with the Proposal
title, and the name and address of the Proposer. If the requested number of copies
does not fit into an envelope, enclose all copies in a box, seal it and include the
appropriate information on the top of the box.
COST OF PREPARATION OF RESPONSE
Costs incurred by any agency in the preparation of their response to this Request for
Proposal are the responsibility of the responding agency and will not be reimbursed by
the Town of Avon.
CANCELLATION
The Town of Avon reserves the right to cancel award of the contract any time before
execution of the contract by both parties if cancellation is deemed to be in Avon's best
interest. In no event shall Avon have any liability for the cancellation of award. The
proposer assumes the sole risk and responsibility for all expenses connected with the
preparation of its proposal.
CLARIFICATION
Any proposer requiring clarification of the information or protesting any provision
herein, must submit specific questions/protests or comments in writing to:
Tambi Katieb, Town of Avon Community Development Director
PO Box 975, Avon, CO 81620
Phone (970) 748-4030 Fax (970) 949.5749
The deadline for submitting such questions is August 6, 2004. If in the Community
Development Directors opinion, additional information or interpretation is necessary,
such information will be supplied in the form of an Addenda that will be mailed to all
individuals, firms, etc., having received this Request for Proposal from Purchasing and
S
such Addenda shall have the same binding effect as though contained in the main body
of the Request for Proposal. Oral instructions or information concerning the
specifications of the project given out by Avon managers, employees, or agents to
prospective proposers shall not bind Avon. All Addenda shall be issued by the Assistant
Town Manager not less than five (5) calendar days prior to the proposal deadline.
ASSIGNMENT
Neither the resultant contract nor any of the requirements, rights, or privileges
demanded by it may be sold, assigned, contracted, or transferred by the Contractor
without the express written consent of Avon.
PROPOSALS ARE PUBLIC RECORDS
All information submitted by Proposers shall be public record and subject to disclosure
pursuant to the Colorado Open Records Act. All requests shall be in writing, noting
specifically which portion of the proposal the Proposer requests exception from
disclosure. Proposer shall not copyright, or cause to be copyrighted, any portion of any
said document submitted to Avon as a result of this Request for Proposal.
REJECTION OF PROPOSALS
Avon reserves the right to reject any or all responses to this Request for Proposal.
AMERICANS WITH DISABILITIES ACT
Proposer must comply with all applicable requirements of federal and state civil rights
law and rehabilitation statutes.
CLARIFICATION OF RESPONSES
Avon or its agent reserves the right to obtain clarification of any point in a firm's
proposal or to obtain additional information necessary to properly evaluate a particular
proposal. Failure of a proposer to respond to such a request for additional information
or clarification could result in rejection of that firm's response or responses.
F:\Regulations & Procedures\Regulation revision\Lighting 0rdinance\LightingRFPdraft1.doc
t
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager /?
From: Norman Wood, Town Engineer Gel/
Date: July 20, 2004 %
r
Re: Nottingham Road Street Improvements and Existing Tree Locations
Summary: We will be prepared to review and discuss the proposed
Nottingham Road Street Improvement Plans with respect to the existing trees located on the
Cottonwood Site at the Council Work Session. This is in response to a request by Mauri
Nottingham at the last Council Meeting.
Town Manager Comments:
l AEngineenngUPWoWngham Rd (RA 1 To Buck Creek)U .0 Administration\l .4 Public Relations\Tree Mcm.Doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer Gam/
Date: July 20, 2004
Re: Adoption of Building Codes Update
Summary: We have completed a first draft of Avon Municipal Code revisions in
preparation for the adoption of current building codes. These are now being put in ordinance
format for adoption. The Codes proposed for adoption are:
2003 International Building Code
2003 International Residential Code for One and Two Family Dwellings
2002 Edition of the National Electrical Code
2003 International Mechanical Code
2003 International Fire Code
In addition we will also be recommending approval of a resolution a revised fee structure and
an Intergovernmental Agreement between the Town of Avon and the Eagle River Fire
Protection District to assist with administration of the Fire Code.
The proposed schedule for the adoption of these codes is:
August 5, 2004 - Public Meeting to Review with Building & Design Community
August 24, 2004 - First Reading of Ordinances by Council
August 26, 2004 - Publish Notice for Public Hearing (Second Reading)
September 2, 2004 - Publish Notice for Public Hearing (Second Reading)
September 14, 2004 - Public Hearing & Second Reading of Ordinances by Council
September 22, 2004 - Effective Date of Ordinances
December 31, 2004 - Last Date to Submit Plans Under Current Codes
This is presented for information only and no action is requested at this time.
Town Manager Comments:
C: Documents And ettings Vv1y Documents\T Bldg. e emo 1. Doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directors-
Date: July 22, 2004
Re: Sales Tax Audit Program
Summary:
The Town's auditors, in their 2004 management letter, recommended that the Town evaluate a
program to conduct tax revenue audits, specifically sales tax. In addition to the obvious
objective of identifying revenues that may not otherwise be collected, a program of this type
should enhance taxpayer education resulting in increased voluntary compliance and augment
and support current staff involved in sales tax collection and administration.
This program could be accomplished in one of three ways: (1) perform the audits using
existing staff, (2) hire new staff dedicated to performing sales tax audits, or (3) engage an
outside auditor to perform audits for the Town. Staff is of the opinion that engaging an
outside auditor to perform sales tax audits would currently be the most cost effective way of
implementing this program.
Revenue Recovery Group (RRG) is a privately owned firm, headquartered in Baton Rouge,
Louisiana since 1989, and with regional offices in Colorado, Oklahoma, and Missouri. RRG
specializes in providing consulting services for state and local governments focusing on
revenue management and conducting tax/fee revenue audits.
RRG has strong experience in conducting sales tax audits in Colorado. In addition, the Town
would be able to participate in coordinated audits of merchants with multiple locations
which produces economies of scale and lessens travel and audit expenses.
RRG's rates are based on the number of taxing jurisdictions involved in a particular audit - the
more taxing jurisdictions involved the higher the rate but the lesser the hourly cost to the
Town. The hourly rates range from $75/hour for one jurisdiction to $199/hour for nine or
more jurisdictions. In addition, a discovery phase rate of $59/hour, not to exceed 5 hours,
applies if the auditor determines there is a lack of liability to the Town in a particular audit.
Page 1
If Council agrees, and is interested in going forward with this program, staff would
recommend bringing forward a contract with Revenue Recovery Group (RRG). The Town
used RRD several years ago in performing a limited number of accommodation tax audits.
The cost of this program will be determined by the number and size of audits performed and
would be funded by sales tax audit revenues. An estimate of the cost can be brought to
Council after meeting with RRG and reviewing the Town's sales tax licensees and sales tax
statistics.
Town Manager Commen
0 Page 2
Memo
TO, Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Develo
Daim July 22, 2004
Fie: Community Development Update
HEART of the VALLEY
C O L O R A D O
Community Development will be providing you all with a brief update of several items at your
work session, including:
¦ Celebration of Fine Arts event
¦ Municipal Code and Design Guidelines update
¦ Building Code Update
¦ Development updates
Community Development Update to Council
July 27, 2004 Work session
Memo
TO: Honorable Mayor and Town Council
C O L O R A D O
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development
Dale: July 20, 2004
Fie: Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit
Development (PUD) (Public Hearing)
Summary
At your last Council meeting, you reviewed a first draft resolution that would set forth basic
criteria to proposals in Wildridge that would request a change to existing platted "Non-
Developable Areas". At that meeting, you also requested that staff refine several points of
the proposed resolution including the strength of the recitals and removal of the reference to
majority of affected or interested parties.
To be clear, Non-Developable Areas are unique to the Wildridge PUD and do not appear to
other platted subdivisions in the Town. These platted areas are unique and separate from
platted open space areas and platted drainage and utility easements, though they appear to
support both drainage and open space functions by design.
The Wildridge PUD contains the following restriction for these areas:
"No development shall occur on the non-developable area without written specific
approval of the covenants committee and the Town of Avon. Development shall include
buildings, fences, signs, roads, and grading. Non-developable areas shall be physically
undisturbed and left in their present natural state except for approved access and utility
easements".
Unfortunately, the policy criteria or basis for amending or altering these areas was not
contained in the PUD or the original Wildridge Subdivision applications. As a result, should
applications to alter or change these platted areas come before the Town, it is cumbersome
to staff, the applicant, and the Council to qualify a rationale for amending the PUD and
Subdivision from its current configuration.
The intent of the resolution is to provide policy direction to the community and potential
owners of properties in Wildridge that contain platted Non-Developable areas.
For comparison, I've attached the original draft reviewed at your last meeting as well as the
draft proposed for adoption in response to comments received by Council.
Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development
July 27, 2004 Town Council Meeting
Town Manager Comments:
Attachments:
A - Revised Resolution 04-25
B - Original Draft of Resolution 04-25
Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development
July 27, 2004 Town Council Meeting
Exhibit A
TOWN OF AVON
RESOLUTION NO. 04-25
SERIES OF 2004
A RESOLUTION RELATING TO PROPOSED
AMENDMENTS TO EXISTING NON-DEVELOPABLE
AREAS IN THE WILDRIDGE PLANNED UNIT
DEVELOPMENT
WHEREAS, The Town of Avon has determined that existing non-developable areas
should remain intact and in a natural state, however, also recognizes that from time to time
application may be made to amend these areas; and
WHEREAS, Town Council recognizes and strongly affirms the value of existing non-
developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the
restrictions associated to development or encroachment of development in these areas as
contained on the PUD subdivision plat; and
WHEREAS, the Town Council finds that the merits of any application that proposes to
amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must
continue to provide an overall public and community benefit; and
WHEREAS, the Town of Avon hereby affirms general criteria and policy direction to
the community related to the non-developable areas that exist in the Wildridge PUD; and
WHEREAS, the Town Council sets forth the following specific criteria to all be met by
an application in order to consider a proposal to amend existing non-developable areas in the
Wildridge PUD:
1. The proposal to amend the area is in the best interest of the citizens of the Town
through a significant reduction of existing density or development rights, as
demonstrated through the application and hearing process; and
F:ACounci1\Reso1utions\2004\Res 04-25 NonDevAreas WR PUD vAdoc
2. The basic area is traded on a one-to-one basis so that the land designation is not
reduced or diminished; and
3. The aesthetic character, contiguity and general location across public and private
properties, natural conditions and intent of the existing area remains intact, as
demonstrated through the specific site-development plan and application.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated
herein in order to preserve the intent and character of existing non-developable areas as
contained in the Wildridge Planned Unit Development.
ADOPTED THIS DAY OF .2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
ATTEST:
Town Clerk
Mayor
F:ACounciKReso1utions\2004\Res 04-25 NonDevAreas WR PUD v.ldoc
Exhibit B
TOWN OF AVON
RESOLUTION NO. 04-25
SERIES OF 2004
A RESOLUTION RELATING TO PROPOSED
AMENDMENTS TO EXISTING NON-DEVELOPABLE
AREAS IN THE WILDRIDGE PLANNED UNIT
DEVELOPMENT
WHEREAS, Town Council recognizes and affirms the value of existing non-
developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the
restrictions associated to development or encroachment of development in these areas as
contained on the PUD subdivision plat; and
WHEREAS, the Town Council finds that the merits of any application that proposes to
amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must
continue to provide an overall public and community benefit; and
WHEREAS, the Town of Avon would like to affirm general criteria and policy direction
to the community related to the non-developable areas that exist in the Wildridge PUD; and
WHEREAS, The Town of Avon prefers to see existing non-developable areas remain
intact and in a natural state, however, recognizes that from time to time application may be made
to amend these areas; and
WHEREAS, the Town Council would like to set forth the following general criteria in
order to consider applications to amend existing non-developable areas in the Wildridge PUD:
1. The proposal to amend the area is in the best interest of the citizens of the Town
through a significant reduction of existing density or development rights, as
demonstrated through the application.
F:ACounci1\Reso1utions\2004\Res 04-25 NonDevelopable Areas WR PUD.doc
2. A substantial majority of interested parties and affected neighbors are in support
of the proposal, as demonstrated through the application;
3. The basic area is traded on a one-to-one basis so that the land designation is not
reduced or diminished, the character, contiguity, natural conditions and intent of
the existing area remains intact, as demonstrated through the specific site-
development plan and application.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated
herein in order to preserve the intent and character of existing non-developable areas as
contained in the Wildridge Planned Unit Development.
ADOPTED THIS DAY OF
2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
ATTEST:
Town Clerk
Mayor
F:ACounci1\Reso1utions\20041Res 04-25 NonDevelopable Areas WR PUD.doc
Memo
To: Honorable Mayor and Town Council
From: Tambi Katieb, Community Development Director
Date July 20, 2004
Re: Resolution 04-28, proposed revisions to the Town of Avon Residential,
Commercial and Industrial Design Review Guidelines
Summary:
Attached to this memo is Resolution 04-28 that proposes several revisions to the Town
of Avon Residential, Commercial and Industrial Design Review Guidelines. The
Resolution shows existing guidelines, and where applicable, a strikethrough followed
by the proposed revision.
The changes presented in the resolution are the result of several meetings with Town
Council and the Building Community wherein an exchange on how we can
revise/improve our process in both design review, zoning and subdivision code
matters took place.
Resolution 04-28 proposes to amend the Town of Avon Residential Commercial and
Industrial Design Review Guidelines with respect to the following:
• Revised Sketch Design Review Application process (and review procedure)
• Revised Scheduling Process
• Consolidated Checklist for Final Design
• Building Height clarification (to match Zoning Code definition)
• Clarify topographic survey definition (to meet National Map Accuracy Standards
for vertical and horizontal accuracy)
• Retaining wall definition (non-structural walls and diagram)
• Site grading clarification and requirements
• Appeals process to match recent update
Also attached to this memo is a copy of Resolution 04-20, a recommendation by the
Planning and Zoning Commission that the revisions to the design guidelines proposed
are adopted by Town Council. The Planning Commission held two public hearings on
the revisions prior to adoption of the Resolution at their July 20, 2004 meeting.
Staff and the Town Attorney will be available at your meeting to answer any questions
that you may have on the proposed amendments.
Recommendation:
Staff recommends adoption of Resolution 04-28 after holding a public hearing.
Town Manager Comments:
P--
Attachments:
1/ Resolution 04-28
2/ Planning & Zoning Commission Resolution 04-20
FACounciNMEMOS\2004\Res 04-28 DRG 2004 72704 Council.doc
TOWN OF AVON
RESOLUTION NO. 04-28
SERIES OF 2004
A RESOLUTION APPROVING REVISED TOWN OF AVON RESIDENTIAL,
CONEVIERCIAL AND INDUSTRIAL DESIGN REVIEW GUIDELINES -
PROCEDURES, RULES AND REGULATIONS AS ADOPTED NOVEMBER 6, 2001
WHEREAS, Title 2 of the Avon Municipal Code establishes the Planning and Zoning
Commission as a design review body for the Town of Avon; and
WHEREAS, the Planning and Zoning Commission approved the Town of Avon
Residential Commercial and Industrial Desi Review Guidelines - Procedures Rules and
Regulations on November 6, 2001, and subsequently recommended approval of the revisions
attached hereto through Resolution 04-20 on July 20, 2004 after holding a public hearing as
required by the Avon Municipal Code;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO that the Town Council hereby approves the revisions proposed to the
design guidelines, attached hereto as Exhibit "A", and incorporated by this reference, in order to
amend the existing Town of Avon Residential Commercial and Industrial Design Review
Guidelines - Procedures Rules and Regulations as adopted November 6, 2001.
ADOPTED THIS DAY OF
2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
ATTEST:
Town Clerk
Mayor
F:ACounciRReso1utions\2004\Res 04-28 Revised DRG.doc
e
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-20
SERIES OF 2004
A RESOLUTION RECOANMNDING APPROVAL OF VARIOUS REVISIONS TO THE
TOWN OF AVON RESIDENTIAL, COMAURCIAL, AND INDUSTRIAL DESIGN REVIEW
GUIDELINES TO TOWN COUNCIL AS IT RELATES TO REVIEW OF DESIGN REVIEW
APPLICATIONS, AND CLARIFICATIONS OF DEFINITIONS, PROCEDURES AND
CHECKLISTS
WHEREAS, Titles 2 of The Avon Municipal Code establishes the Planning and Zoning
Commission as a design review body; and
WHEREAS, the Planning & Zoning Commission adopted the current Town of Avon
Residential. Commercial and Industrial Design Review Guidelines in 1996, and realizes the
document should be periodically updated to reflect revisions to the zoning code and continue to
serve the public interest; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions
("Exhibit A") to Resolution 04-20 Series of 2004, and held a public hearing as required by the
Avon Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends to the Town Council the approval of changes set forth in Resolution 04-20
Series of 2004 in order to amend the existing Town of Avon Residential Commercial and
Industrial Design Review Guidelines as adopted.
ADOPTED THIS 20th DAY OF JULY, 2004
Signed.
D
ate:
Chris Evans, Chair
Attest.
Date: l?Or
Terry Smith, secretary
F TIanning & Zoning Cornrnission\Resojutions\2004\Res 04-20 DRC Revision Adoption.doc
Exhibit "A" to Resolution 04-2$
EA R' I I Ipl of the VALLEY
ZIP
v 0- N
C --0 _-L _--0-- R?A ---D _U
TOWN OF AvON
RESIDENTIAL. COMMERCIAL
INDUSTRIAL DESIGN REVIEW
GUIDELINES
PROCEDURES, RULES, AND REGULATIONS
ADOPTED NOVEMBER 6, 2001
(REviSED AUGUST 10, 2004)
4
1. Purpose and Intent
Design Philosophy
The general design philosophy for the Town of Avon is to preserve and protect property
values by creating an aesthetic quality throughout the built environment of our
community. The Town should continue to be perceived as a contemporary mountain
town, complementary to the natural landscape and unbuilt environs. The Town should
appear as a cohesive unit comprised of simple building forms, subdued colors, and
predominantly pitched roofs. In residential areas, the relationship between buildings and
the natural environment should be harmonized rather than dominating. Landscaping
should blend the surrounding natural environment and the home, not hide one from the
other. Form, scale, proportion, and materials should support the natural environs and
reinforce those characteristics that uniquely identify a neighborhood's built environ as it
relates to the Town.
mot=
r
44
y
,4
Typical Wildridge Vista : From Wildridge Road East Looking South towards Beaver Creek.
2. Authority
The authority to enact `Design Review Guidelines' is granted by Chapter 2.16 of The
Avon Municipal Code, which specifically states:
C. The objectives of the design-review function of the Planning and Zoning
Commission shall be as follows:
a. To prevent excessive or unsightly grading of property which could
cause disruption of natural watercourses or scar natural landforms;
b. To ensure that the location and configuration of structures, including
signs and signage, are visually harmonious with their sites and with
surrounding sites and structure and that there shall be conformance to
the master plan of the town;
c. To ensure that the architectural design of structures and their materials
and colors are visually harmonious with the town's overall appearance,
with surrounding development, with natural and existing landforms,
and with officially approved development plans, if any, for the areas in
which the structures are proposed to be located;
d. To ensure that plans for the landscaping of property and open spaces
conform with the rules and regulations as prescribed by the Town and
by this chapter and to provide visually pleasing settings for structures
on the same site and on adjoining and nearby sites (Ord. 83-11).
Purpose and Intent
To establish procedures, rules, and regulations by which the Commission shall receive,
review, and rule on applications for the design of any proposed alterations to real
property, including land and any improvements on that land, within the Town of Avon.
Scope
The scope of these procedures for design review includes but is not limited to site
grading, excavation or fill; the location and configuration of structures on a site; the
architectural design of structures including color and materials; landscaping of sites
including number, size, placement, species of plantings and provisions for maintenance
systems of same. The Commission shall review and act upon the general design and
appearance of any building, construction, paving, grading, or landscaping proposed on
any lot or parcel of land within the Town, including municipal and other government
projects. It shall be unlawful to begin any such work prior to approval by the
Commission.
Compatlblllty
These Rules of Procedure are in accordance with Section 2.16.070 of the Avon Municipal
Code, and details the procedures for approval of development plans required by Section
17.12.020 of the Avon Municipal Code. These Rules are intended to complement other
ordinances of the Town, and shall neither duplicate nor supersede them.
3. Definitions and Standards
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 Structures: An accessory structure (`building' or `use') means a subordinate
building or use, which 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.
Access Grade: The slope of a road, street, driveway, or other means of access, as
measured from the backside of pan along the centerline of the means of access.
Annual High Water Mark: The visible line on the edge or a river, stream, lake, pond,
spring or seep up to which the presence and action of water are so usual and long
conditions (with a recurrence interval of one (1) year or less) so as to create a distinct
character with respect to vegetation and the nature of the soil.
Applicant: An owner or owner's representative who is authorized to represent and/or act
upon any application or submittal.
Architect: An architect licensed in the State of Colorado.
Architectural Projection: When an architectural projection (i.e. chimney, cupola)
physically projects beyond the plane of a required limitation (i.e. height).
Best Management Practice (BMP): A structural device designed to temporarily or
permanently store or treat stormwater runoff in order to mitigate flooding, reduce
pollution, and provide other amenities. BMP's include wet ponds, created wetlands,
filters, and infiltration trenches and galleries.
Berm: A mound of earth used to screen or separate one area from another to reduce
visual, noise and similar impacts of development. Berm may also mean the act of
pushing earth into a mound.
Building Code: In the Town of Avon, the most recently adopted version of the Building
Code shall apply.
Building Envelopes: That portion of a lot within which all buildings are confined. A
specified area that does not alter or otherwise affect existing setbacks or easements.
Building Height:
Note# Building Height is always measured f0om the most restrietive grade, eithe.r
emisting or proposed (finished) grade. All elevations must be labeled ia num
form. Emisting elevations must be shown through the stmeture on the site ph"t,
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the building to
the top of a flat roof, of mansard roof, or te the highest r-idgeline a sloping roof. Within
a building, height shall be measured vertically from any point on a flat roof, mansard
roof, or sloping roof to the existing grade directly
below said point.
Maximum Building Height Interior Section
Kt.S.
AMX11 "
pi -y me"
Maximum Building Haight Exterior
Section Showing Envelops
N.T.S.
Imaginary line runs parallel to
exhtMg grade Orniting
building height
Area axceedin height lknitation
when measured to finished
exterior grade \
Orgrux,EXrtrga.e..
Proposed finished grade
Existing grade
Height
measurements
Proposed finished grads at walkout
Building Setbacks: A line or location within a lot or site which establishes the permitted
location of uses, structures, or buildings on a lot.
Construction (Activity): Work done on a job site that produces an altered or new
structure. Includes excavation, assembly, and erection of components.
,
MLdmM" R -- .fir
Construction Staging Plan: A site plan submitted with final design plans showing, at the
minimum: contractor parking, construction materials storage, limits of site disturbance,
snow storage, refuse storage, sanitation facilities, project signage, and construction
trailer(s) location, as applicable. The staging plan may be combined on the same plan
sheet as the Pollution Control Plan.
Development: A form of activity that requires some form of permit or other approval
pursuant to these regulations, including: 1/ The building of a new residential,
commercial, or industrial structure, 2/ The alteration or modification of an existing
residential, commercial, or industrial structure, 3/ Grading or excavation activity that is
intended to prepare a construction site.
Drainage (System): A built system of pipes, channels, or trenches, or finished grades
utilized to convey wastewater or water borne waste in a collective and organized method.
Driveway: A paved all-weather driving surface on private property which provides
access to dwelling units.
Duplex: A detached building containing two dwelling units, designed for or used as a
dwelling exclusively by two families, each living as an independent housekeeping unit.
Dwelling Unit: Any building or portion thereof for residential purposes, including single-
family, two-family, duplex, multifamily dwellings, but not including hotel, motel, or
lodge (accommodation) units.
Easements: A conveyance or reservation of an incident of ownership in real property for
one or more specific purposes, public or private.
Exterior Storage: Storage outside of a building or dwelling unit.
Exterior Walls: The outer wall surfaces of a building, structure, or dwelling unit.
Fences: Enclosing framework for exterior areas, such as yards or gardens.
Final Design Plan: A hard-line plan which'meets the requirements indicated in Appendix
3.
Frontage: The portion of a lot that fronts on a public or private street.
Fireplace: Opening at the base of a chimney in which combustible material, such as
wood or gas, can be safely burned to produce heat. Specific designations of fireplaces by
type are as defined in Chapter 15.40 of the Town of Avon Municipal Code.
Grade (existing): The existing or natural topography of a site prior to construction.
Grade (finished): The grade upon completion of a construction project measured on the
outside of a structure.
Gross Floor Area: The total surface floor areas of a structure, including habitable and
non-habitable areas unless specifically noted.
Hard Line Drawing: An architectural or engineering drawing produced by the use of
computer-aided graphics, or other mechanical implement, which does not represent free-
hand drawing.
Landscape Area: The area of a site not covered by buildings, driveways, and covered
walkways. Areas such as water features and other similar features appurtenant to natural
landscape areas shall also be considered part of the landscaping area.
;_9
Lot or Site: A parcel of land occupied or intended to be occupied by a use, building, or
structure under the provisions of Title 17, Zoning Regulations, and meeting the minimum
requirements of Title 16, Subdivision Regulations. A lot or site may consist of a single
lot of record, a portion of a lot record, a combination of lots of record or portions thereof,
or a parcel of record and described by metes and bounds.
Minor Project/Minor Modification: Certain forms of exterior development and
improvement that are exempted from the public review process by the Director of
Community Development.
Multifamily Residence: A building containing three (3) or more dwelling units, not
including hotels or lodges, but including townhouses, condominiums and apartments with
accessory use facilities limited to an office, laundry, recreation facilities and off-street
parking used-by the occupants.
Owner/Owner Representative: The owner of title to a property, or his/her designated
appointee and representative for an application. Designation of a representative must be
made in writing as part of any application.
P.E. Stamped Design: A design that is stamped, signed, and dated by a Colorado
registered professional engineer.
Planning and Zoning Commission: A commission established in the Avon Municipal
Code 2.16.010, to operate in accordance with its own rules of procedure as provided for
in Section 11.2 of the Town Charter.
Retaining Well! A wall desiggaed to maintain differ-enees in gfetmd ele-vatiefis by heldifig
Retaining Wall: A wall designed to maintain differences in ground elevations by holding
back a bank of material. A Non-Structural retaining wall is less than 4 feet (1219mm) in
height measured from the bottom of the footing to the top of the wall, unless supporting a
surcharge or impounding Class I, II or III-A liquids.
ROWning wall (non-structural) Finished Grade
M.T.S.
e
i
Three tiers maximum considered non-structural
Maximum Slope of 4:1
1
L
14-root minimum distance I
14001 minimum
layback t\ +
1
a
E
Finished Grade
9
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 established the permitted location of uses,
structures, or buildings on the site.
Sketeh Plan. The first f4mal appheatieft fer- design feview. Sketeh plan f"Ust
appr-eved pr-ier- to applying for- final desigH Feyiew, and after- a pr-e appliefifieft
has been held with Gewmaunity Deyelopment staff-, emd eemply with 9
Sketch Plan: The first step in the design review process. A sketch design must be
reviewed by Community Development and the Planning Commission prior to proceeding
to Final Design submittal.
Single Family Residence: A residence building containing not more than one dwelling
unit occupied exclusively by one family as an independent housekeeping unit.
Site Coverage: The ratio of the total building and disturbed area on a site to the total area
of a site, expressed as a percentage.
Site Plan: A drawing that shows, at a minimum, property lines of a building lot, elevation
information, compass direction, length and scale of property information, and the
locations of structures to be built on the lot. See example site plan in Appendix 7.
Snow Storage Area: An area equal to twenty percent (20%) of impermeable surfaced
area upon which aboveground construction does not occur shall be designated as a
`snow-storage area' and not developed in a manner inconsistent with such use.
Landscaping shall not be considered inconsistent with such use. Any designated snow
storage area shall be not less than six feet (6') wide, shall be adjacent to the impermeable
area from which the snow is to be removed, shall not be included in any parking area
required by the minimum parking requirements, and shall be contained in such a manner
that runoff is directed though a treatment facility (when required). See 17.50.100 `Snow
Storage' of Avon Municipal Code for additional design requirements.
Slope: Shall be established by measuring the maximum number of feet in elevation
gained or lost over each ten feet (10') or fraction thereof measured horizontally in any
direction between opposing lot lines. The relationship of elevation or vertical measure as
divided by the horizontal measurement shall be expressed as a percentage as a means of
quantifying the term "slope".
Staff: Town of Avon Community Development employees.
Staff Approval: Approval on a minor project that is reviewed and issued by Staff,
without public hearing.
Surveyi A land plot stwvey, stamped emd signed by fi registered Colorado ,
that is elder- then 3 yA--A;:-Q ft-Aeffi 9-?-e meeip-t date of design review submittal.
Survey: A land plat survey, stamped and signed by a registered Colorado Surveyor,
showing contour intervals at engineering scale of 1"=10'. No survey will be accepted
that is older than 3 years from the receipt date of design review submittal. The survey
must be tied to USGS elevations and meet National Map Accuracy Standards for
horizontal and vertical accuracy. Surveys with notes that do not conform to this standard
will be rejected or require resurvey prior to final design approval.
It
Table 1.0: Residential Access, Parking, and Engineering Standards
Standard Single Family Duplex Multi Family Other:
Driveway Min: 14 feet Min: 14 feet Min: 20 Over Duplex
Curb cut Max: 18 feet Max: 18 feet Max: 24 upon review by
Town Engineer
Driveway 4% maximum 4% maximum 4% maximum Heated area
Grades for first 20' for first 20' for first 20' may not
adjacent and adjacent and adjacent and encroach
perpendicular perpendicular perpendicular to beyond
to public way/ to public way/ public way/ 4% property line.
4% maximum 4% maximum maximum for
for first 20' for first 20' first 20' adjacent
adjacent to adjacent to to garage/ 811%
garage / 10% garage / 10% Maximum
Maximum Maximum
Permitted 1 Permitted 1 Permitted 1 Permitted (6 Additional
Curb Cuts DU's and under) points of
access must be
approved
specifically
Parking 2 spaces per 2 spaces per Studio: 1 space See Zoning
Requirements unit/ 3 spaces unit/ 3 spaces 1 Bedroom: 1.5 Code for
per units over per units over spaces specific
2,500 sq. ft 2,500 sq. ft All others: 2 requirements
(not inc. (not inc. spaces (section
garage) garage) 17.24.020)
Parking Stall 9'x 18' 9' x 18' 9'x 18' See Zoning
Size minimum / 7.5' minimum / 7.5' minimum / 7.5' Code for
Minimums vertical vertical vertical specific
clearance / 90 clearance / 90 clearance / 90 requirements
degree parking degree degree parking (section
parking 17.24.020) &
guest parking
requirements
B. Residential Building Design
General Design Character
In addition to the stated Design Philosophy, and General Design Compatibility, a
residential building must conform to setback, building area ratios, and height limitations
of the applicable zone district. Buildings should be oriented to take advantage of solar
gain and view corridors, where possible. Additionally, building design and location
should generally minimize impacts on solar and view corridors of neighboring properties.
It is preferred that residential buildings be designed as a composition of mass elements
rather than larger single `blocks' that appear unrelated in form and context.
Building Height
The height of structures, unless otherwise specified in a planned unit development, shall
conform to the zone district limitations stated in Title 17: Zoning Regulations. The
definition of height is set forth in the 'Definitions' section of these guidelines. No
exceptions to the height requirements shall be made, except for penetrations that add
architectural variety such as flues, chimneys, cupolas, etc. Penetrations to the height
limitations must be in scale with the structure and surrounding property.
(DELETE PICTURE)
Building Height will be determined by utilizing the site development plan and elevations.
All ridge elevations, and numeric existing and proposed grades must be labeled on the
site plan to accurately determine height. Additionally, the elevation plans must show
existing and proposed grades (also labeled in numeric form), such as the illustration
above.
Building Materials and Colors
The intent of these guidelines is to provide architectural control to ensure that the
architectural design of structures and their materials and colors are visually harmonious
with the town's overall appearance, with surrounding development, with natural and
existing landforms, and with officially approved development plans. These guidelines
should represent the minimum standard to achieve this goal, without being so
cumbersome as to not allow varied high-quality design that meets this intent.
Requirements:
1. The use of high quality, durable building materials is highly encouraged.
2. The following materials and wall finishes will not ordinarily be permitted on the
exterior of any structure: asphalt siding, imitation brick, asbestos cement shingles
or siding, imitation log siding or plastic. Metal siding, concrete or concrete block
will be permitted only with specific approval of the Commission. Each building
must use a minimum of two materials.
a
6. Application and Processing
Submittal and Review Process
The Design Review process is broken down into
Weting, two stages: Sketch Plan Review and Final Design Review. Community
Development shall review all material submitted for either of the d,&ee design review
tiers to determine whether an applicant has met the minimum submittal requirements
prior to the scheduling of a meeting or public hearing. A pre-application meeting is
strongly encouraged prior making application.
Minimum submittal requirements are attached as a `checklist' for each required
application, and should be reviewed carefully.
For Sketchand Final Design Review, if the application and supporting material is
found to be inadequate, the Community Development Department shall not schedule
the application for consideration by the Commission but shall notify the applicant of
any inadequacies.
The following outlines the entire design review application process:
The applieant shall prepare at least twe (2) eepies of the fellewing fef: staff mview
and eeffffnent pr-ief: to Pre applieatieft Meeting-
r-eek-eatem.
2. A Geneeptual Site Plan, Ar-ehiteetur-al Plan, and Proposed Elevati
GTTIG)"IISeR.TR'IISg. QLT"F7'SDF7GTlT'D v 41zGSUI s pr-epesed
driveways.
building feetpr-ifits, easements, ead seheduled pfe applieatieft meeting with staff for- Feview. The intent of this meeting is
"t meets all mquir-efneftts-.
Sketch Plan Review
The applicant shall submit feur- (4) haFd line two (2) copies of the following for a
Sketch Plan Review:
1. A Survey of the property, prepared by a licensed surveyor (stamped and
signed), showing property boundaries, area, easements, building setbacks,
building envelopes, topography (at 2' intervals @ 1"=20' eng. scale), and
any significant natural features such as watercourses, mature tree stands,
and rock outcroppings. No survey will be accepted if it is more than
three (3) years old or does not meet the standards outlined in the
Section 3 for horizontal and vertical accuracy.
2. A Site Plan W'= 20' or 1" =10' eng. scale) which clearly indicates
existing and pfopesed grades, all property boundaries, proposed building
footprints, easements, and driveways. ,
13
3. Architectural Drawings (at 1X'-''O ar-e . scale) which clearly indicate
dimensioned , exterior elevations
with all ridge and gfade
plans,
ele-vations labeled, roof matef the general placement of materials
and use, and the overall building ead building height
ealeulatiens.
A specific `Minimum Sketch Plan Review Submittal' (Appendix 3a) checklist is
provided with the application, and the applicant is requested to review and check each
item carefully to ensure a complete application prior to submittal.
Final Design Review
The applicant shall submit €euf (4) three (3) hard line copies of the following for a
Final Design Review:
1. A Survey of the property, prepared by a licensed surveyor (stamped and
signed), showing property boundaries, area, easements, building setbacks,
building envelopes, topography (at 2' intervals @ 1"=20' or 1"=10' eng.
scale), and any significant natural features such as watercourses, mature
tree stands, and rock outcroppings. No survey will be accepted if it is
more than three (3) years old or does not meet the standards outlined
in the Section 3 for horizontal and vertical accuracy.
2. A Site Plan W'=20' or 1"=10' eng. scale) which clearly indicates existing
and proposed grades, all property boundaries, proposed building
footprints, easements, driveways and proposed driveway grades, limits of
site disturbance, temporary/construction trailers, all building ridgeline
elevations, and any proposed detention structures.
3. An Architectural Plan (at 1/4" or 1/8"=1' arch. scale) which clearly
indicates dimensioned floorplans, exterior elevations with all ridge and
grade elevations labeled, roof plans, material placement and use, overall
building dimensions, and building height calculations.
4. A Landscaping Plan (1 "=20' or 1 "=10' eng. Scale) which clearly indicates
existing and proposed grades, all proposed landscaping locations,
landscaping materials employed, required irrigation table, erosion control
placement and type, and any required revegetation for disturbed areas (by
type and placement).
5. A Color Board that clearly indicates all materials employed on the exterior
of the structure, including but not limited to: siding, stucco, wood,
finishes, paints and stains, roof materials, window and door type and
casement colors, and soffit and fascia treatments. All materials will be
indicated with a representative sample from the manufacturer, including
the model number/name, and shall be keyed to placement on the
Architectural Plan elevations. Color Board must be no larger than 81/2 x
11(Please reference Appendix 6).
If
6. A Lighting Fixture Cut-Sheet, provided by the manufacturer of the
product, which clearly indicates the type of fixture being used. All
lighting shall be keyed to placement on the Architectural Plan.
7. A colored elevation of the design submittal, as closely as possible
representing the type, placement, and accurate representation of materials
being employed.
A specific `Minimum Final Design Review Submittal' (Appendix 3b) checklist, in
addition to minimum requirements of the Pollution Control Plan and Stormwater
Control Plan/Drainage Design Manual, is provided with the application and the
applicant is requested to review and check each item carefully to ensure a complete
application prior to submittal.
Applicants are encouraged to ask staff for direction or clarification with the
minimum submittal requirements at any time. Additionally, the minimum
submittal checklist may be updated on occasion, so applicants are encouraged to
contact the Community Development Department to ensure that they are utilizing
the most recent checklist available.
15
7. Planning and Zoning Commission Review
The Planning and Zoning Commission shall consider the application and supporting
material and shall approve, conditionally approve, deny approval or continue the design
review of the project within 45 days of the date of the meeting at which the complete
application and supporting material is first reviewed by the Commission. If the
Commission determines that advice or assistance of professional consultants is needed, or
that additional information is required from any source, an additional 45 days shall be
permitted for action by the Commission.
General Approval Criteria
All applications must meet the following general regulatory and planning criteria to be
approved:
1. The project complies with the Town of Avon Zoning
Regulations,
2. The project has general conformance with Goals and Policies
of the Town of Avon Comprehensive Plan, and any sub-area
plan which pertains, and
3. There exist adequate development rights for the proposed
improvements.
Sketch Plan Approval Criteria
The Commission and Staff shall evaluate the design of all sketch plan projects utilizing
the specific Design Standards, and by using the following general criteria:
A. The conformance with setbacks, massing, access, land use and other
provisions of the Zoning Code.
B. General conformance with Sub-Sections A through D of these
guidelines, the design philosophy, and design intentions listed herein.
Sketeh plem appr-evals shall fiet be vested, but may be applied towafds the submittal ef a
Staff will prepare a memo to the
Commission highlighting anticipated areas of discussion for the submitted
materials. The Commission will take no formal action. Rather, direction on the
design will be given to the applicant from staff and the Commission to incorporate
in the final design application.
Final Design Plan Approval Criteria
The Commission shall evaluate the design of all final design plans utilizing the specific
Design Standards, and by using the following general criteria:
A. That the final design plan is in compliance with all sketch plan
approval criteria and with all final design plan submittal requirements.
B. The compatibility of proposed improvements with site topography, to
minimize site disturbance, orient with slope, step building with slope,
and minimize benching or other significant alteration of existing
topography.
C. The appearance of proposed improvements as viewed from adjacent
and neighboring properties and public ways, with respect to
A6
architectural style, massing, height, orientation to street, quality of
materials, and colors.
D. The objective that no improvement be so similar or dissimilar to others
in the vicinity that monetary or aesthetic values will be impaired.
E. The general conformance of the proposed improvements with the
adopted Goals, Policies and Programs for the Town of Avon.
Final Design Plan approval shall be valid for a period of two (2) years from the date of
approval, with an one-time extension permitted for up to one year at the applicant's
request.
Basis for approval or denial of project design
if the design of any project is found to comply with the purposes prescribed in these
Guidelines, Regulations, and any applicable Ordinances of the Town of Avon, and .
the design guidelines review criteria prescribed in Section 7 of these Regulations, the
Planning and Zoning Commission shall approve the project.
If the Commission determines that a conflict exists with the purposes Design
Guidelines, or any other provision of these Regulations, or any Ordinance of the
Town of Avon which would prevent approval of such project, the Commission shall
disapprove the project.
If the Commission determines that conflicts exist which are subject to correction, the
Commission may conditionally approve or request changes to conform with the
Design Guidelines or other provisions of those regulations. Any disapproval,
conditional approval or request for changes shall be in writing and shall specifically
describe the purpose, statement, or design guidelines with which the design of the
project does not comply and the manner of noncompliance. Notification of an
application decision shall be made by the recording secretary and transmitted in
writing to the applicant within 7 days of said meeting.
Time limitations
The time limitations contained in these Regulations shall be interpreted as requiring
the Commission to conduct a review or make the determinations or decisions required
by these Regulations. Failure of the Commission to act within the prescribed time
limitations shall be considered as conditional approval for design of the project
subject to conformance with all applicable rules and regulations of the Town of Avon.
Scheduling
The length of the development review process, from the acceptance of a complete
application by Staff to the actual hearing, shall provide the Town with a minimum
review time as follows:
¦ 7 working days (or no later than 5pm of the Friday one week prior to the
meeting) for a Sketch Design review for all residential projects less than
multi-family.
¦ 12 working days for Final Design applications on all residential projects
less than multi-family.
17
21 working days for Sketch and Final Designs for all other residential or
commercial projects.
Scheduling requirements, timelines, and commitment goals are available in the office
of Community Development, and may be updated periodically.
A 'fast tr-aek' review pF 4able to these pleas that afe dewmined by the
Meetings
The Commission shall regularly meet on the first and third Tuesdays of each month at
the time and location designated on the official meeting agenda. The Chairman may
call special meetings of the Commission when deemed necessary. A notice and
agenda of each meeting shall be posted in the official posting places of the Town at
least 48 hours prior to any meeting of the Commission. All meetings of the
Commission shall be open to the public. The printed Record of Proceedings,
prepared by the Recording Secretary and approved by vote of the Planning & Zoning
Commission, shall constitute the only official record of Commission meetings. All
records, including proceedings of meetings, applications for review, plans, reports
and resolutions shall be maintained in the Community Development Department by
the Recording Secretary of the Planning and Zoning Commission.
In all instances the applies the applicant and/or applicant representative must
be in attendance for the scheduled sketch design plan meeting, or the application
will be tabled by the Commission to the next available meeting date.
Notification of Action by Commission
Within 10 working days following action of the Planning and Zoning Commission,
the Commission's decision to approve, conditionally approve, deny approval or
continue design review of a project, shall be forwarded to the applicant and his
designated agent by first class mail, and posted in a conspicuous manner in the
Community Development Department. The decision shall become final if no written
appeal is made to the Town Council by any aggrieved person within 30 days
following the decision of the Planning and Zoning Commission.
Scope of Approval
All approvals are site specific. Variations and changes, without Commission
approval, are not allowed, except as otherwise provided in these regulations.
Appeals
Decisions of the Planning and Zoning Commission may be appealed to the
Council by the applicant or any interested person or may be reviewed at the
request of a majority of the Council at any time before the decision becomes
final. An "interested person" is an adjacent property owner or a person entitled
to have notice of the hearing mailed to him in association with the action of the
Commission (Section 2.16.160 Town of Avon Municipal Code). " deeisien of the
.we as b-pee;Zq r.„„i (within 10 days after- a heaFifig). Not more than d+ii4y
0% days fellewing the filing of an appeal, the Town Comeil shall r-eview the aetieft
of the Pjaming and Zening Cow.-flission. The Town Geufteil shall, ,
within thif4y additienal days shall be deemed a gfanting of the appfeval, unless the
Within five (5) working days following action of the Planning and Zoning
Commission, notification of its decision shall be deposited in the United States
mail to the applicant or his or her designated agent. The decision shall become
final unless a written appeal or request for review by the Mayor is received by
the Town Clerk within fifteen (15) days of the decision of the Planning and
Zoning Commission.
Not more than thirty (30) days following the filing of an appeal, the Town
Council shall review the action of the Planning and Zoning Commission. The
Town Council shall, in writing, confirm, modify or reverse the decision of the
Commission within thirty (30) days following the commencement of review. If it
deems insufficient information is available to provide the basis for a sound
decision, the Town Council may postpone final action for not more than thirty
(30) additional days. Failure of the council to act within thirty (30) additional
days shall be deemed a granting of the appeal unless the applicant consents to a
time extension.
Any decision by the Town Council which results in disapproval of the Planning
and Zoning shall specifically describe the reasons for disapproval.
Any appeal must be presented to the Town Clerk at the Town office, and each
appeal must be accompanied by a processing fee of fifty dollars ($50.00). (Ord.
92-12; Ord. 83-11; Ord. 04-07 (part)).
Term of Design Approval
Final design approval for a project, as prescribed by these regulations, shall lapse and
become void two (2) years following the date of final approval unless a building
permit for project construction is issued. If a building permit expires more than 2
years following final design approval, the final design approval also lapses and
becomes void.
The applicant may apply only once to the Planning and Zoning Commission for
approval of a maximum extension of one (1) year for any final design approval.
plans that shall not be eensideFed valid tewefds, a final design submittal beyend si*
(6) months ffem the date of appr-ev&.
11
AV.0 N
C O L O R A D O
Applicant:
Mailing Address:
Phone #:
Owner of Property:
City:
Cell #:
State: zip:
Mailing Address: City:
Phone #: Fax #:
Cell #:
State: Zip:
Lot: Block: Subdivision:
Project Street Address:
Project Name:
? Addition ? Single Family ? Duplex ? Multi-Family ? Commercial
? Industrial ? Other:
Please Describe Your Project (arch. style, sq. ft., height, materials, colors, unique features):
I (we) represent that all information provided to the Town of Avon in connection with this application as true
and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand
that incomplete submittals will delay application review. Owner designates Applicant as indicated to act
as owner's representative in all application submittals related to this project.
Applicant:
Owner:
(Print Name): (Print Name):
Date:
Date:
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 1 of 2
12n
SKETCH DESIGN
Sketch Plan Fee: $
Fax #:
Reviewed by: o Complete 4 Incomplete Date:
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 2 of 2
0? 1
AVON
C O L O R A D O
FINAL DESIGN
Design Review Fee: $
Applicant:
Mailing Address: City:
State: Zip:
Phone #: Fax #: Cell M
Owner of Property:
Mailing Address: City: State: Zip:
Phone #: Fax M Cell #:
Lot: Block: Subdivision:
Project Street Address:
Project Name:
? Addition ? Single Family ? Duplex ? Triplex ? Other:
Please Describe Your Project (arch. style, sq. ft., hei; ;ht, materials, colors, unique features):
We (I) represent that all information provided to the Town of Avon in connection with this application
as true and correct, that we (I) understand the Town ofAvon regulations'applicable to this project, and
understand that incomplete submittals will delay application review. Owner designates Applicant as
indicated to act as owner's representative in all application submittals related to this project.
Applicant:
(Print Name): (Print Name):
Date: Date:
Community Development, P.O. Box 975 Avon, CO 81620 (970)7484030 Fax (970)949-5749 (rev. 6/24/2004) Page l of 3
Owner
1 ? •
Project:
Lot Block: Subdivision:
? Site plan ? Three (3) - 24" x 36" plan sets
0 Topographical survey with signed RLS stamp ? Color board 81/2" x 11
(all areas over 401/o slope shaded) ? Exterior lighting fixture cut sheets
? Floor plans ? Eighteen (18) 11" x 17" plan sets - one week prior
? Building elevations (all elevations) to P&Z meetings
? Landsca plan
1 ? Colored elevations - one week 12rior to P&Z meetings
1.1 n:
Site De-s elop men t1
? North arrow & scale (1=10' or 20')
? Existing utility lines, manholes, transformers,etc
? Vicinty map with adjacent lots ? Driveways, parking and turnarounds
? Title block ? Driveway grades (spat elevations) -
? Property lines w/bearings and distances ? Streams, if applicable
? Setback lines (labeled and dimensioned) ? Riparian zone/wetlands, if applicable
? Easements (labeled and dimensioned) ? Fire hydrants (location on site or distance and
? Adjacent rights-of-way direction from a known point)
? Existing topography (dashed lines) ? Culverts, ditches, detention, etc.
extended through building ? Utility service lines (general locations)
? Proposed grading (solid lines) ? Snow storage area (include sq. footage)
? Limits of site disturbance ? Walkways, stairs (dimensions)
? Building footprint with roof plan and ridgeline ? Building and area lighting, by type
elevations and driplines (dimensioned to p.l.) ? Fcr cing, retaining walls (including specific
? On-site detention structures, if applicable ni-terials & colors, T.O.W. & B.O.W. elevations)
? Significant landforms/outcroppings ? Trash enclosures
? Existin structures ? Wail sections if retainin walls proposed)
Current zoning ? Garage and surface parking spaces available
Number of dwelling units
F ? Area and % of site > 40% slope
Floor area for each dwelling unit
E ? Area and % of building lot coverage
? Total floor area of all units ? Area and % of site landscaped
? Building height allowed and proposed ? Area and % of paved surface
? Off-street parking spaces required and proposed
O Floor plans, dimensions and areas ? Location of address(es) on building or site
? Building elevations (labeled) ? Location of exterior lighting fixtures, by type
? Natural and finished grades for all elevations (numeric) ? Materials and colors labeled on elevations
? Numeric elevation of all roof ridgelines ? Summary table of specific materials and colors
? Utility meter locations
? Location of plantings ? On-site detention structures, if applicable
? Location of existing shrubs and trees ? Sprinkler system location and type
? Limits of site disturbance ? Plantings summary table
? Location and type of erosion control measures ? Existing vegetation, general
? Irrigation Table ? Rain Sensor Note
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 2 of3
00
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 3 of3
Memo
To: Honorable Mayor and Town Council
T h ru : Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Date: July 19, 2004
Re: The Village (at Avon) Filing 2 - Public Improvements Acceptance
Resolution No. 04-29
Summary: Resolution No. 04-29 approves and accepts the public improvements
installed in conformance with the Subdivision Improvements Agreement for The Village (at Avon)
Filing 2. These improvements generally consist of extension of Swift Gulch Road, bike path, storm
drainage, debris flow basins, water main extensions, sewer main extensions and shallow utilities to
serve the Buffalo Ridge housing project. This construction is now complete and all required
materials and certifications have been submitted. Resolution No. 04-29 also establishes the one-
year warranty period and allows release of the security deposit with a dual obligee bond to provide
security for the warranty period.
Recommendations: Approve Resolution No. 04-29, A Resolution
Approving and Accepting the Public Improvements Installed and Constructed in Accordance with
Subdivision Improvements Agreement for The Village (at Avon) Filing 2 and establishing warranty
period for said Improvements.
Town Manager Comments:
l:A6ngineering\Avon VillageA3.0 Filing 2\Completion\Acceptance MemO.Doc
TOWN OF AVON
RESOLUTION NO. 04-29
Series of 2004
A RESOLUTION APPROVING AND ACCEPTING THE PUBLIC IMPROVEMENTS
INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION
IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 2 AND
ESTABLISHING WARRANTY PERIOD FOR SAID IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and
Buffalo Ridge II LLLP in connection with the approval of the Final Plat for The Village (at Avon)
Filing 2, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed in
conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of security deposits to
assure completion of the improvements in accordance with the Agreement and the subsequent
release of the security deposits upon completion and the stipulated warranty period; and
WHEREAS, said public improvements were substantially complete as of July 27, 2004; and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. The public improvements required to be constructed in conjunction with The Village
(at Avon) Filing 2 are substantially complete as of July 27, 2004, in accordance with the
SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty
period for said improvements shall extend to July 27, 2005.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the date
of satisfactory correction of the warranted item.
L\Engineering\Avon VillageA3.0 Filing 2\Completion\Approval Res.Doc
3. Effective July 27, 2004, the security deposit may be released and warranty work on
Subdivider's Improvements will be secured by a dual obligee bond in accordance with the
Subdivision Improvements Agreement.
ADOPTED THIS DAY OF , 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny,
Town Clerk
l:AEngineering\Avon VillageA3.0 Filing 2\Completion\Approval Res.Doc
l{
• MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: CORKING AND TASTING
DATE: JULY 1, 2004
At you last meeting I received your direction to implement the state statute
permitting alcoholic beverage tastings and to amend the Town's open container law to permit
persons to remove from licensed establishments corked bottles of wine.
The alcoholic beverage tastings ordinance simply allows tastings and adopts the
restrictions of state statute. As you recall, those state restrictions are extensive. I see no reason to
place additional restrictions as to time, number of days and number of tastings and understand that
you agree. You will note that the ordinance, like the legislation, includes tastings in drug stores.
There is no present need of that in Avon, but anyone considering having such a facility would want
to know the Town's position. Also, technically, it may not be possible to implement the statute
• only in part.
The amendment to the open container law, I think, is self-explanatory.
JWD:ipse
0
i,
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-09
SERIES OF 2004
AN ORDINANCE AUTHORIZING RETAIL LIQUOR
STORES OR LIQUOR-LICENSED DRUG STORES IN THE
TOWN OF AVON TO CONDUCT ALCOHOLIC
BEVERAGE TASTINGS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN DF AVON,
COLORADO:
Section 1. Amendment. Chapter 5.08 of Title 5, Avon Municipal Code, is
amended the addition of a Section 5.08.200 to provide as follows:
5.08.200 Alcoholic beverage tasting. In accordance with Section 12-47-
301(10)(a), C.R.S., retail liquor store and liquor-licensed drugstore licensees are
authorized to conduct alcoholic beverage tastings subject to the limitations contained in.
Section 12-47-301(10), C.R.S., and subject to no additional limitations. No further
application shall be required prior to the conducting of tastings.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of July, 2004, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 27th day of July, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Albert D. Reynolds, Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND -
READING AND ORDERED POSTED the 27th day of July, 2004.
ATTEST:
0 Patty McKenny, Town Clerk
Albert D. Reynolds, Mayor
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
*0
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-10
SERIES OF 2004
AN ORDINANCE AMENDING TITLE 9, AVON MUNICIPAL CODE, AS
IT RELATES TO POSSESSION OF OPENED CONTAINERS OF
VINOUS LIQUOR
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Subsection (B) of Section 9.12.080, Chapter 9.12 of
Title 9, Avon Municipal Code, is amended by the addition of a new Paragraph (1) to provide as
follows:
"(1) It shall not be unlawful for any person to have in his or her possession or under his
or her control one opened container of vinous liquor removed from a licensed premise pursuant
to Section 12-47-411(3.5), C.R.S.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 27th day of July, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Albert D. Reynolds, Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the 27th day of July, 2004.
ATTEST:
Patty McKenny, Town Clerk
Albert D. Reynolds, Mayor
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
0
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: WILDLIFE ORDINANCE
DATE: JULY 21, 2004
With this memorandum is an ordinance which will address the concerns raised by
the Police Chief and Bill Andree at your last meeting. The ordinance is based on ordinances
adopted in Vail and Blue River. Bill Andree recommended the Vail ordinance, and I used the
Town of Blue River ordinance because I am familiar with it as the Blue River attorney. It is
similar, and one gets the impression that a common form is in use.
The language included for certified wildlife-proof containers was provided to me by
Bill Andree. He tells me that both Waste Management and Honey Wagon have containers with
latches, which are wildlife resistant and steel containers, which have been certified by the Division
of Wildlife to be wildlife proof. The latter are more expensive.
It is unclear to me why trash containers must be re-secured by 7:00 p.m., but that
requirement appears in both ordinances. You may want to discuss that requirement. I also ask that
you carefully review the construction site language and provide me with any input.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-11
SERIES 2004
AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL
CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND
PROVIDING PENALTIES FOR THE VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8,
Avon Municipal Code, are repealed.
Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the
addition of a new Chapter 8.32 to provide as follows:
8.32.010 Purpose
The purpose of this Chapter 8.32 is to protect and maintain wildlife in the Town
of Avon and surrounding areas and to minimize the risk of dangerous interaction
between humans and wildlife.
8.32.020 Definitions
A. Wildlife Any undomesticated animal, including but not limited to elk,
deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines,
mountain lions, bobcats and foxes.
B. Resident Any person, firm, corporation or organization within the Towm
of Avon or on Town controlled land.
C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic
container or dumpster with a metal or plastic lid. The lid must have a
latching mechanism which prevents access to the contents by wildlife.
D. Wildlife-Proof Refuse Container Any refuse container which has been
certified to be wildlife proof by the Colorado Division of Wildlife.
8.32.030 Residential Refuse Disposal
A. All residential refuse containers that receive garbage and/or refuse edible
by wildlife must either be wildlife resistant or wildlife proof or be kept
within a home, garage, shed or other enclosed structure.
B. Residents with curbside pickup shall place their refuse containers at the
curb, alley, or public right-of-way at or after 6:00 am. of the morning of
the pickup; provided, wildlife-proof containers may be placed curbside
after 6:00 a.m. of the day before. After pickup, the containers must be re-
secured in an appropriate manner by 7:00 p.m.
8.32.040 Special Event Refuse Disposal
Outdoor special event sites shall be kept free from the accumulation of refuse
edible by wildlife. Refuse must be collected from the grounds at the close of each
day's activities and shall be deposited into appropriate containers or enclosures
secured in a manner to prevent access by wildlife or shall be removed to a
disposal site.
8.32.050 Construction Site Refuse Disposal
All construction sites must have a designated container that receives refuse edible
by wildlife. Such container shall either be a wildlife-resistant or wildlife-proof
container or a container that is emptied at the end of each workday and the
contents of which are deposited into appropriate containers or enclosures secured
in a manner to prevent access by wildlife or removed to a disposal site.
8.32.040 Feeding Wildlife Prohibited
A. No person shall intentionally or unintentionally feed or provide food in
any manner for wildlife on public or private property within the Town of
Avon. Persons will be considered to be in violation of this chapter if they
leave or store any garbage, refuse or food product in a manner that would
create an attraction for wildlife.
B. No person shall leave or store any refuse, food product, pet food, grain or
salt in a manner which would constitute a lure, attraction or enticement for
wildlife.
C. Between the dates of April 15'h and November 15th, all bird feeders must
be suspended on a cable or other device so that they are inaccessible to
bears, and the area below the feeders must be kept free from the
accumulation of seed debris.
D. This Section 8.32.040 shall not apply to: 1) Any individual, company or
corporation that is duly licensed by the State of Colorado or otherwise
entitled under law to possess a wildlife species; 2) Any action that is
officially sanctioned by the State of Colorado that would require feeding,
baiting or luring of wildlife. (An example of one such action would be
scientific projects dealing with capturing and tagging wildlife); 3) the
feeding of wild birds, unless the bird feeder begins to attract other forms
of wildlife.
8.32.050 Penalty Assessment
Violation of any provision of this chapter by any person, firm or
corporation, whether as owner or occupant, shall be handled in the
following manner:
A. First Violation: The first violation of the Chapter will result in a Notice
of Violation to an alleged offender. The alleged offender will be warned
and informed of the proper precautions necessary to prevent the feeding
of wildlife and the necessary actions to meet the provisions of this
Chapter, which may include but are not limited to: removal of wildlife
attractants, time limits for the placement of curbside refuse containers
and use of bear resistant containers. Said notice shall include a
reasonable time schedule for compliance. An alleged offended who
timely complies with the first Notice of Violation will not be subject to
the penalty provisions of this Chapter.
B. Second Violation: The second violation of this Chapter will result in
another Notice of Violation, as well as a Summons and Complaint. Two
Notices of Violation within a twelve (12) month period will subject the
violator to the penalty provisions of this Chapter. Failure to comply
with the first Notice of Violation within the designated time frame may
be deemed a second violation. The second Notice of Violation shall
include a compliance schedule when applicable.
C. Subsequent Violation(s): Offenders who have violated this Chapter more
than two times within a twelve (12) month period or continue to fail in
achieving timely compliance with a previous notice will be subject to a
graduated fine schedule as set forth herein.
8.32.060 Penalties
A. The graduated fine schedule for the penalty assessment procedure is as
follows:
Warning for the first violation
$100 to $250 fine for the second violation within the twelve (12)
months of the first violation, or failure to comply
with the designated compliance schedule associated
with the first violation.
$250 to $1000 fine for each successive violation within twelve (12)
months of the previous violation, or failure to
comply with the designated compliance schedule
associated with the second or subsequent violation.
B. In addition to the criminal enforcement set forth above, The Town of
Avon may seek an injunction or other appropriate civil relief to enforce
the provisions of this Chapter.
8.32.070 Violator's Responsibilities
In addition to the penalties outlined herein, upon order of the police department,
violators will be required to perform all necessary actions to remove or abate
attractions of wildlife. This may include, but shall not be limited to: the removal
of bird feeders or pet food, cleaning or appropriate storage of barbeque grills,
and/or the required use of wildlife resistant containers and/or wildlife proof
containers.
8.32.080 Notice of Violation
A resident shall be deemed to have been issued an appropriate Notice of Violation
if it is personally served upon the resident, posted on the resident's premises or
placed in the U.S. Mail, postage prepaid and addressed to the resident according
to the last known address given by the resident to any Town of Avon or Eagle
County government department. If the identity of the resident is not known, the
entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any
penalties assessed pursuant to the same.
Section 3. Penalties. It is unlawful for any person to violate any of the provisions
of this Ordinance. Every person convicted of a violation of any of the provisions of this
Ordinance shall be punished by a fine not exceeding one thousand dollars or by
imprisonment not exceeding one year or by both such fine and imprisonment.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 27th day
of July, 2004 and a public hearing shall be held on this Ordinance on the day of
August, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building,
Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Memo
To: Honorable Mayor and Town Council
From: Tambi Katieb, Community Development Direc?g
Date July 20, 2004
Re: First Reading of Ordinance 04-12, proposed revisions to Chapter 16
(Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code
Summary:
Attached to this memo is Ordinance 04-12 that proposes several revisions to both the
Zoning and Subdivision Codes. The Ordinance shows existing provisions, and where
applicable, a strikethrough followed by the proposed revision.
The changes presented in the ordinance are the result of several meetings with Town
Council and the Building Community wherein an exchange on how we can
revise/improve our process in both design review, zoning and subdivision code
matters took place. Likewise, staff and Council have considered and discussed
several of the proposed changes to the Zoning Code over the last year an effort to
improve our process while remaining protective of the need to regulate development to
the desires of the Town Council and citizens.
Ordinance 04-12 proposes to amend the Avon Municipal Code with respect to the
following:
• Building Height Definition: Clarify the measurements within and outside the
structure proposed, to avoid continued confusion and changing interpretation
by staff over the years.
• PUD Submittal Requirements and PUD Amendment procedures: Establishing
minimum submittal requirements for all applications, addressing applications
proposed in conjunction with a development agreement, and setting forth
several new submittal requirements.
• Development agreements and PUD applications: Establishing the use of
development agreements and PUD application minimums.
• Coordination of Public Notice provisions with Preliminary Subdivision
applications: Avoiding confusion (as recently experienced on several PUD
applications) when sending public notice out for Commission and Council
public hearings by consolidating the notice for both applications.
• Clarification of existing parking standards for Commercial Land Use: Correcting
a typographic error in the new codebook for Shopping and Convenience Goods
(retail).
• Revised SPA/PUD definition and notice provision in the Subdivision Regulation:
Coordinating the consolidated public notice approach with PUD applications to
match the language proposed in the PUD regulations.
Also attached to this memo is a copy of Resolution 04-19, a recommendation by the
Planning and Zoning Commission that the revisions proposed are adopted by Town
Council. The Planning Commission held two public hearings on the revisions prior to
adoption of the Resolution at their July 20, 2004 meeting.
Staff and the Town Attorney will be available at your meeting to answer any questions
that you may have on the proposed amendments.
Recommendation:
Staff recommends adoption of Ordinance 04-12 on First Reading. You will hold at
least one public hearing on the revisions prior to final adoption on Second Reading.
Town Manager Comments;,
Attachments:
1/ Ordinance 04-12
2/ Planning & Zoning Commission Resolution 04-19
F TIanning & Zoning Commission\Memos\2004\DRG and AMC CHANGES 2004 72004.doc
n
ORDINANCE NO. 04-12
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
ZONING
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
17.08.160 Building height.
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the building to
the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be
measured vertically from any point on a flat roof, mansard roof, or sloping roof to the
existing grade directly below said point.
Maximum Building Height Interior Section
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Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height
Area exceeding height limitation
when measured to finished
exterior grade ,
Proposed finished grade
Existing grade
Height
measurements
i
i
- Proposed finished grade at walkout
Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(c) Development review procedures.
(3) Aft applieation for- a PUD approval must be submitted to the Depat4ment
of GE)ffH+iuii4y Development at least thit4y (30) days pfier- to a fegulafly sehedtfled
Development Depaftment stafPs findings and feeewwaefidatiens shall be made at
the initial fefffial heafing before the Planning Commission. A fepeft of t
this zening eede,
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
1A
Section 3. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department, and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following submittal requirements shall apply for all new PUD
applications and proposed amendments to existing PUD districts:
(1) Application form and filing fee;
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4)
(site plan, fleer- plans, eleva+iafis), if . A complete zoning
analysis of existing and proposed development, to include a square
footage or density breakdown of all proposed uses and parking.
Where a structure or building exists, a complete set of plans
depicting the existing conditions of the parcel (site plan, floor
plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7)
dimensions ef all buildings and stf+tetufes and all pr-ineipal sitee
development f;eatur-es. Proposed site plan showing the
approximate locations and dimensions of buildings, or approximate
building envelopes and all principal site development structures or
6
features. For projects less than two (2) acres in size, the plan shall
be prepared at a scale not smaller than one (1) inch equals twenty
(20) feet. For projects larger than two (2) acres in size, the
appropriate scale shall be determined by the Department of
Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development;
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11)
twenty (20) feet. Fef pfejeets lafgef than twe (2) . 4he
Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model of the proposed uses and densities where an
application proposes uses that may impact the ability of the Town
to provide adequate public services;
(14)
Any additional material or
information as deemed necessary for proper review of the
proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
4
Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design er-iter-ia. The fallowing desigga er-iter-ia shall be used as the
wipal er-iter-ia in evaluating a PUD. 14 shall be the burden of the appliean
them is not appheable, of that a paAieulaf developf'Rent solution eensistefA with
Design Criteria. The following design
criteria shall be used as the principal criteria in evaluating a PUD District. It shall
be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following design criteria or
demonstrate that one (1) or more of them is not applicable, or that a particular
development solution consistent with the public interest has been achieved.
Where the PUD District is being requested in connection with the review of a
development agreement pursuant to Chapter 17.14 of this Code, not all design
criteria may be applicable, as determined by the Department.
Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests fer- amendfnei4s to an appr-eved Planned Unit Development shall
Amendments. Requests for amendments to an approved Planned Unit Development District
shall be reviewed in accordance with the procedures described above. Amendments that propose
substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or development agreements and amendment to development plans.
Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land Use Minimum Requirements
a. Shopping and convenience goods retail 41100 4/1000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
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Specially planned area (SPA) and/or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
Section 9. Amendment. Section 16.20.070, Chapter 20, Title 16, Avon Municipal Code, is
amended to provide as follows:
e, to the subdivider- and to awner-s or- pr-e p", within dffee hu ndr-ed (300) feet ef the
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The Town Council shall hold a hearing upon any preliminary plan submitted. Notice of such
hearing shall be sent by first class mail, or delivered personally, at least five (5) days prior to the
hearing date, to the subdivider and to owners or property within three hundred (300) feet of the
property in question. Owners of residential multi-family condominium units may be served by
mailing (or serving) a copy of any such notice to the manager of the homeowners' association.
The subdivider is required to furnish to the Town Clerk the names and addresses of the owners
of property within three hundred (300) feet of the property in question. Where subdivision
approval will be required to implement development in a proposed PUD, a Preliminary
Subdivision Plan application must be filed and reviewed concurrently with the PUD application.
The public notice and hearing requirements shall be combined and run concurrent with the PUD
public notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
F:ACounci1\0rdinances\2004\0rd 04-12 AMC 16& PRevisions.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-19
SERIES OF 2004 l ?s
A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE
AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE T THE TOWN
COUNCIL AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINTION OF BUILDING HEIGHT, AND PARKING
WHEREAS, Titles 16 and 17 of The Avon Municipal Code require review and revision on a
periodic basis in order to continue to serve the public interest; and
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and render decisions on all zoning applications; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions
("Exhibit A") to Resolution 04-19 Series of 2004, and held a public hearing as required by
the Avon Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of changes set forth in Resolution
04-19 Series of 2004 in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 20th DAY OF JULY, 2004
Signed.-
Date:
Chris Evans, Chair
Attest.
Date: 7 ?0 2 00
Terry Smitl4, ecretary
FAPlanning & Zoning Commission\Resolutions\20WRes 04-19 Zoning Subdivision Ordinance Adoption.doc
Exhibit "A" to Resolution 04-19
ORDINANCE NO.04-XX
AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE
AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT
ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT,
AND PARKING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
TITLE 17
Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is
amended as follows:
Building height means the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive) at any given point outside the
building to the top of a flat roof, of mansard roof, or te the highest r-idgeline a
sloping roof. Within a building, height shall be measured vertically from any
point on a flat roof, mansard roof, or sloping roof highest r-idgeline (for- s!
reefs) to the existing grade directly below said point.
Maximum Building Height Interior Section
ILT.S /
Mudrtun R - -9 FfNyt
IA?rinun
Dilriq h
ororaWli trq Or@*
Maximum Building Height Exterior
Section Showing Envelope
N.T.S.
Imaginary line runs parallel to
existing grade limiting
building height
Area exceeding height limitation
when measured to finished
exterior grade
Proposed finhdud grade
Y/ _ Existing Breda
Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended as follows:
(3) A complete application for a PUD must be submitted to the Department of
Community Development at least thirty (30) days prior to a regularly scheduled
meeting of the Planning and Zoning Commission. A report of the Community
Development Department findings and recommendations shall be made at the
initial formal hearing before the Planning Commission. A report and resolution
of the Planning Commission stating its findings and recommendations, and the
staff report shall then be transmitted to the Town Council. The Town Council
shall consider the PUD District in accordance with Section 17.28.050 of this
Code.
Section 3. idment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(d) Submittal requirements. Submittal requirements may vary depending on the
complexity of the proposed development as determined by the Community
Development Department, and whether or not the PUD is being requested in
connection with the review of a development agreement pursuant to Chapter
17.14 of this Code.
Generally, the following minimum submittal requirements shall apply for all new
PUD applications and proposed amendments to existing PUD districts:
:---? Proposed finished grade at walkout
(1) Application form and filing fee;
(2) A written statement describing the nature of the project to include
information on proposed uses, densities, nature of development
proposed, contemplated ownership patterns, and phasing plans;
(3) A survey stamped by a licensed surveyor no older than 3 years
from the date of application, indicating existing conditions of the.
property to be included, to include the location of improvements,
existing contour lines, natural features, existing vegetation,
watercourses and perimeter property lines of the parcel;
(4) A complete zoning analysis of existing and proposed development,
to include a square footage or density breakdown of all proposed
uses and parking. Where a structure or building exists, a complete
set of plans depicting the existing conditions of the parcel (site
plan, floor plans, elevations), if applicable;
(5) A vicinity plan showing the proposed improvements in relation to
all properties at a scale not smaller than one (1) inch equals one
hundred (100) feet. For projects larger than two (2) acres in size,
the appropriate scale shall be determined by the Department of
Community Development;
(6) Evidence of available utilities, such as water and sewer service, as
provided.
(7) Proposed site plan showing the approximate locations and
dimensions of buildings, or approximate building envelopes and all
principal site development structures or features. For projects less
than two (2) acres in size, the plan shall be prepared at a scale not
smaller than one (1) inch equals twenty (20) feet. For projects
larger than two (2) acres in size, the appropriate scale shall be
determined by the Department of Community Development.
Additional submittal requirements, as determined necessary by either the Community
Development Department or the Planning and Zoning Commission, may be required and
include the following:
(8) Preliminary building elevations, sections and floor plans at a scale
not smaller than one-eighth (1/8) inch equals one (1) foot in
sufficient detail to determine floor areas, circulation, location of
uses and general scale and appearance of the proposed
development.
(9) Photo overlays and/or other acceptable techniques for
demonstrating a visual analysis of the proposed development in
relationship to existing conditions;
(10) A site-massing model depicting the proposed development in
relationship to development on adjacent parcels;
(11) Environmental impact report;
(12) Preliminary drainage analysis and grading plans;
(13) Economic model of the proposed uses and densities where an
application proposes uses that may impact the ability of the Town
to provide adequate public services;
(14) Any additional material or information as deemed necessary for
proper review of the proposed PUD or PUD amendment.
Four (4) complete copies of the above information, with the exception of
the massing model shall be submitted with an application for a PUD.
Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(h) Design Criteria. The following design criteria shall be used as the
principal criteria in evaluating a PUD District. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one (1)
or more of them is not applicable, or that a particular development solution
consistent with the public interest has been achieved. Where the PUD District is
being requested in connection with the review of a development agreement as
pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable,
as determined by the Department.
Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon
Municipal Code, is amended to provide as follows:
(1) Amendments. Requests for amendments to an approved Planned Unit Development
District shall be reviewed in accordance with the procedures described above. Amendments that
propose substantial changes to land use in connection to existing development agreements and
development plans as outlined in Chapter 17.14 of this Code may require additional information
and/or amendment to development agreements and to development plans.
Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal
Code, is amended by the addition of (m) to provide as follows:
A
(m) Preliminary Subdivision Application with PUD
Where subdivision approval will be required to implement development in a proposed
PUD, a Preliminary Subdivision Plan application must be filed concurrently and in
conjunction with the PUD application. The provisions and procedures for public notice,
hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary
Subdivision Plan application. No development may be implemented in a PUD prior to
approval and recording of a corresponding Final Subdivision Plat.
Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title
17, Avon Municipal Code, is amended to provide as follows:
(2) Commercial Land UTse Minimum ReQWLements
a. Shopping and convenience goods retail 411000 sq. ft. GLFA
TITLE 16
SUBDIVISION
Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal
Code, is amended to provide as follows:
Specially planned area (SPA) and/or Planned Unit Development (PUD) means a
subdivision controlled by one (1) or more landowners to be developed under a unified
plan which does not correspond in lot area, density, lot coverage, open space or other
requirements of existing subdivision or zoning regulations; it shall contain sufficient total
area in relation to the intended use or uses to permit effective application of planning
principles to protect the landform, reduce street and utility costs, preserve open space and
provide a superior human environment. Where subdivision approval will be required to
implement development in a proposed PUD, a Preliminary Subdivision Plan application
must be filed and reviewed concurrently with the PUD application. The public notice
and hearing requirements shall be combined and run concurrent with the PUD public
notice and hearing requirements as prescribed in Title 17.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
?? :ter
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town EngineeP'
Date: July 20, 2004
Re: Ordinance No. 04-13, An Ordinance Amending Section 8.24.085 of the Avon
Municipal Code to Allow the Grant of an Exception to Construction Hour
Limitations Under Certain Conditions - First Reading
Summary: The attached Ordinance No. 04-13 is proposed for consideration in
anticipation of future construction projects that may have much less impact if certain activities
are performed out side the limited construction hours stipulated in Section 8.24.085 of the
Avon Municipal Code. This section of the Code basically limits construction activities to the
hours of 7:00 AM to 7:00 PM Monday through Saturday and 9:00 AM to 6:00 PM Sundays
and National Holidays. This can create some major problems for contractors and the general
public under certain circumstances. This is especially true in the case of work in heavily
traveled public streets such as Avon Road. Anticipated projects impacting Avon Road include
a sewer line crossing north of the Eagle River Bridge and the Town's 2005 Street
Improvement Program will likely include asphalt milling and overlays. It seems that much of
the work on both these projects could be accomplished outside of currently allowed work
hours with a substantial reduction on impacts to the general public.
We believe this modification to the Avon Municipal Code will provide needed flexibility for
certain construction activities while maintaining the protection intended in the current code.
We recommend approval of Ordinance No. 04- 13, Series of 2004, An Ordinance
Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception
to Construction Hour Limitations Under Certain Conditions.
Recommendation: Approve Ordinance No. 04-13, Series of 2004, An
Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an
Exception to Construction Hour Limitations Under Certain Conditions, on First Reading.
I:\Engineering\Ordinances\Noise Ord. MCM Doc
Proposed Motion: I move to approve Ordinance No. 04-13, Series of
2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the
Grant of an Exception to Construction Hour Limitations Under Certain Conditions on First
Reading.
Town Manager Comments:
0 Page 2
TOWN OF AVON
ORDINANCE NO. 04-13
SERIES OF 2004
AN ORDINANCE AMENDING SECTION 8.24.085 OF THE AVON MUNICIPAL
CODE TO ALLOW THE GRANT OF AN EXCEPTION TO CONSTRUCTION
HOUR LIMITATIONS UNDER CERTAIN CONDITIONS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON
COLORADO THAT:
Section 8.24.085 of the Avon Municipal Code is hereby amended by the addition of the
following:
The town manager, or his designee, may grant an exception to the above work
hours for specific construction activities when it can be demonstrated that it is in
the interest of the general public for those construction activities to occur outside
the above specified work hours. The grant of an exception may be conditioned
upon compliance with rules and conditions as specified by the town manager, or
his designee, to minimize impacts of the construction activities.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of July, 2004, 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 August, 2004 at 5:30 P.M. in the Municipal
Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Albert D, Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
I:\Engineering\Ordinances\Noise Ord. Amend.Doc
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this day of , 2004.
Town of Avon, Colorado
Town Council
Albert D, Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
Approved as to Form:
Town Attorney
C\Engineering\Ordinances\Noise Ord. Amend.Doc
Memo
To: Mayor & Town Council
Thru: Larry Brooks, Town Manager
Jacquie Halbumt, Assistant Town Manager
From: Patty McKenny, Town Clerk
Date: July 21, 2004
Re: Public Hearing for Outdoor Use of Amplified Sound Application
Summary:
A public hearing is required on a Permit Application for Outdoor Use of Amplified Sound for events that will
be using amplified sound before 9:00 AM or after 8:00 PM in Nottingham Park (Avon Municipal Code
Chapter 5.24.020). The applicant is Frank Osurio, American Crown Circus & the event is a circus on July
29, 2004. This event has two shows one from 6 PM - 8 PM and one from 8 PM to 10 PM. The source &
nature of the amplified sound is to be able to announce the upcoming acts for the circus.
Background:
The American Crown Circus returns to Avon's Nottingham Park for a second year on Thursday, July
29th. Showtime's are 6 and 8 pm with tickets available at the door. The American Crown Circus is a
family owned and operated acrobatic circus. The circus tent seats 200 per showing and features
acrobats, clowns, jugglers and aerialists. Refreshments and souvenirs are available for sale. For more
information, contact Fraidy Aber at the Town of Avon, 748-4032.
Financial Implications:
The applicant has submitted the $25 processing fee for the amplified sound permit & the related fees with
the Recreation Department.
Town Manager Comments: ,
Attachments:
? Application for Outdoor Use of Amplified Sound Equipment
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TOWN OF AVON
PERMIT APPLICATION FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
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3. ADDREScS OF PREMISE OR LOCATION WHERE SO IS TOPE PROIDWED??
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4. Z ELEPHONE N UMBER
5. PURPOS 7-?,e7 OUTDOOR USE OF SOUND AMPLIFICATION YSTEM
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6. DATES AND TIMES OF PROPOSED USE
7. ATTACH A DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND
AzICAT N EQUIPMENT AND DIRECTION OF SOUND PR ECTION.
?t-
SIGNATU U O PPLICANT
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MAILING ADDRE S OF APPLICANT
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DATE
APPROVED:
TOWN CLERK
p DATE
.application Pamir for Ooidwr Sound / luny 2002
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JULY 13, 2004
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. Also present were Town Manager Larry Brooks, Town Attorney John
Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community
Development Director Tambi Katieb, Town Engineer Norm Wood, Finance Director Scott
Wright, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director
Meryl Jacobs as well as members of the press and public.
Citizen Input
Mayor Reynolds thanked everyone, staff and others who helped with the July 4th event, as it
was an extremely successful event. Special Events Coordinator Fraidy Aber introduced Judy
Combs who presented information about the weekend event, Thunderbird Art & Wine Affair.
Aber then presented some final information regarding the past events including July 4th event
and the Triple Bypass event and future event, Friday Night Cinema Night.
Community Development Director Tambi Katieb presented an update to the Avon
Comprehensive Plan process, identifying several dates whereby public input will be sought.
Asst. Town Engineer Anne Martens presented information on the 2004 street improvements for
Avon. Maury Nottingham addressed the Council with a request to save some trees near Pizza
Hut from the proposed improvements in that area that would likely eliminate them. He
presented pictures of the trees that were taken in about 1950 noting the historical importance of
them. Council asked staff to once again to review the proposal and determine whether or not
the trees could be saved.
Resolutions
Community Development Director Tambi Katieb presented Resolution No. 04-25, Series of
2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the
Wildridge Planned Unit Development. He noted that the Resolution addresses basic criteria to
proposals in Wildridge that would request a change to existing platted "non developable areas".
He indicated that the intent of the resolution is to provide policy direction to the community and
potential owners of properties in Wildridge that contain platted non-developable areas. He
further explained that unfortunately the policy criteria or basis for amending or altering these
areas was not contained in the PUD or the original Wildridge Subdivision applications. And as a
result, should applications to alter or change these platted areas come before the Town, it is
cumbersome to staff, the applicant, and the Council to qualify a rationale for amending the PUD
and Subdivision from its current configuration. Councilor Sipes and Mayor Pro Tem McDevitt
expressed some concerns about parts of the resolution, requesting that staff revise the
resolution to include a stronger first paragraph and clarify "interested parties" language.
Councilor P. Buckley did not see the need for this action. Further discussion ensued and
Wildridge resident George Ruther commented on the proposed resolution as well. Staff would
return with the changes at the next meeting.
Finance Director Scott Wright presented Resolution No. 04-26, Series of 2004, Resolution to
amend the 2004 Budget noting what items were included in the budget amendment, i.e. related
to the new special event Lakeside Cinema & copier lease for police department. After some
discussion about the Lakeside Cinema event and whether or note revenues met expenditures
for that event, a motion was made. Councilor Sipes moved to approve Resolution No. 04-26,
Series of 2004, Resolution to amend the 2004 Budget. Mayor Pro Tern McDevitt seconded the
motion and it passed with a five to one vote (P. Buckley - nay).
Ordinances
Town Attorney John Dunn presented on second reading Ordinance No. 04-08, Series of 2004,
An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide
a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. At a prior meeting, the
Council requested that legislation be drafted to accommodate a refund for those people who
paid the exemption in error. Some discussion ensued about charging the responsible party for
the error; it was noted that that would be a problematic solution in terms of enforcement. Mayor
Reynolds opened the public hearing, no comments were made and the hearing was closed.
Mayor Pro Tern McDevitt moved to adopt on second reading Ordinance No. 04-08, Series of
2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to
Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. Councilor Brown
seconded the motion and it passed unanimously.
Town Attorney John Dunn presented on first reading Ordinance No. 04-09, Series of 2004, An
Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon
to Conduct Alcoholic Beverage Tastings. He noted that the Ordinance addresses the recently
passed legislation at the State that allows tastings at the above referenced establishments. Hen
noted that the local ordinance follows state law exactly and that the tastings are not limited to
just wine, but to spirituous liquors as well. Councilor D. Buckley moved to approve Ordinance
No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed
Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings. Councilor Brown
seconded the motion and it passed unanimously with a roll call vote.
Town Attorney John Dunn presented on first reading Ordinance No. 04-10, Series of 2004, An
Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened
Containers of Vinous Liquor. He noted that the Ordinance addresses the conflict between
Avon's Code and the recently passed legislation at the State pertaining to open containers.
Some discussion ensued about how Police officers would know that the container came from a
restaurant. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-10, Series of 2004, An
Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened
Containers of Vinous Liquor. Councilor D. Buckley seconded the motion and it passed
unanimously with a roll call vote. Public hearings would be held on the ordinances at the next
meeting.
New Business
Councilor D. Buckley commented on the opening of the new ECO trail on Thursday.
Attorney Report
Town Attorney John Dunn provided an update on the negotiations regarding the court ordered
mediation that is supposed to occur with the parties involved in Lot 61.
Mayor Report
Again, thanks to staff and everyone responsible for the special events taking place in Avon.
Regular Council Meeting Page 2 of 3
July 13, 2004
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved
to adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed
unanimously.
a. Approval of the June 22, 2004 Regular Council Meeting Minutes
b. Avon Public Library Lease
c. Xerox Copier Lease for Police Department
d. Metcalf Basin Drainage Improvements Project (Nottingham Road to 1-70) / Colorado Dept. of
Transportation Utility Permit
e. Resolution No. 04-27, Series of 2004, Resolution approving the Final Plat, Wildridge Bluff
Townhouses, The Final Phase of Suncrest Townhomes, Phase 11, A Resubdivision of a Part of
Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (3038 Wildridge Road)
There being no further business to come before the Council, the meeting adjourned at 7 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
July 13, 2004
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Tow ngineer
Date: July 21, 2004
Re: Nottingham Road Improvements (Phase I) Easement Appraisals -
Valuation Consultants, Inc. Appraisal Services Proposal
Summary: Jeff Maddox with Valuation Consultants, Inc. has submitted
a Proposal at a cost not to exceed $15,000.00 to provide appraisals for fifteen (15)
properties for permanent and temporary easements required for construction of the
Nottingham Road Improvements (Phase I). Valuation Consultants, Inc. has provided
appraisal services for previous town projects including the East Avon Improvements,
Avon Road Separated Grade Crossing Project, the Roundabouts Project and the West
Beaver Creek Boulevard Streetscape Project. The cost of the proposed services is in line
with previous appraisal services and is included in the overall project budget. The current
approved 5-Year Capital Improvements Fund Budget includes $304,000 in 2004 for
construction documents and right-of-way acquisition and $2,210,000 in 2005 for
construction. The cost of these services is within the current Budget.
Approval of the Proposal in the amount not to exceed $15,000.00 from Valuation
Consultants, Inc. to provide appraisals for permanent and temporary easements involving
fifteen (15) separate properties as required for construction of the Nottingham Road
Improvements (Phase I) is recommended.
Recommendations: Approve Proposal in the amount not to exceed
$15,000.00 from Valuation Consultants, Inc. to provide appraisals for permanent and
temporary easements involving fifteen (15) separate properties as required for construction
of the Nottingham Road Improvements (Phase I).
Town Manager Comments:
C:ADocuments And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Services Proposal Mem.Doc
Jul-21-04 03:40P Town of Avon 970 748 1958
'r .. ..... ..... ..v..vv? ?u? -?, 1111, a rV -71.9-."').3 /O
VALUATION CONSULTANTS IN
C.
I Real l-state Appraisers - Coa?•ultanu
i 20 Eagle Rnad, Sulte 150
P.O. Box 361
' Avon, Colorado 81620
I (9711) 949-4898 fix (970) 940.1376
i July 21, 2004
Ms. Anne Martens
'own of Avon
I Box 5270
Avon, CO 81620
by fax: 748-1958
RE: Appraisals of.
I -Proposed easements, both permanent and temporary, to be acquired from:
1. Lot 9, Block I. B@BC (Sherwood Meadows)
2, Lot 8, Block 1, B@HC (Sounen Halde)
3. Lot 6, Block 1, B@BC (Bales Last)
4. Lot 48, Block 1, B@BC (Berghaus 1 Pinuacle)
I S. Lot 49, Block 1, B@BC (Sunnyside)
6. Lot $0, Block 1, B@BC (River Rock)
I 7. Lot 51, Block 1, B@1C (Timberloft)
S. Lot 1. Wildwood Resorts (Mtn Star parcel)
9. Lot 4, Block 1, B eQr BC (Golden Eagle)
i 10. Lot 3, Block 1, B@BC (vacant)
] 1. Lot 2, Block 1, B@BC (vacant)
I 12. Lot 68, Block 11 B@BC (Pizza Hut)
13. Lot 7, Block 1, B@BC
i 14. Lot 1, Block 1, A@BC
15. Tract AA, Wildwood Resort (..Mtn Star)
i
Dear Anne,
I Per our conversations, please lot this letter serve
1 as my proposal rcga,durR the appraisal of the
above-referenced proposed easements. It is my understanding that the appraisals will be
I
prepared for use by the Town toward der isions and far negotiations regarding acquisition of the
I easements in question.
I I will submit my opinions and conclusions to you in the form 01'conipicte summary appraisal
reports which will be prepared utilizing accepted appraisal techniques and methodology, in
conformance with the SWidards and Code of Professional Ethics of the Appraisal Institute and
the requirements of the Unit6rm Standards of Professional Appraisal Practice ("USPAP").
P.03
P. 1
My fec for preparing and suhmitting, my conclusions to you in summary formats will be- 5225
Jul-21-04 03:40P Town of Avon 970 748 1958
..- -- - • "'r
a ? 116. ZI/U :J1:1-,?'/t7
per hour; not to cxceed $ i "_._ .-_ .-_ .... .-• -- , .._ . .
5,000. Any type of additional consultation, deposition. testimony, or
I other court-related time required in this matter, if any, will be billed separately at the rate of ?2Z5
per hnor Otis actual expenses, if any.
Please acknowledge that the report will be completed in accordance with the following:
'*he appraisal assignment will not be based upon a requested minimum
valIIAdon or specific valuation. Neither employtneut nor compensation arc
contingent neon the reporting of . pre-determined value, a direction of the
value that favors the cause of the client, the amount of the value esdinate, the
attainment ofa stipulated result, or the occurrence of a subsequent event.
if this proposal meets with your approval, pause provide an authoa•i&A signature and return a
copy of this letter which will serve as our authorization to proceed. As you know, Y will need a
copy of the project plans & specifications, and will need legal descriptions depicting the
respective permanent and temporary proposed taking's, including square footages of each. As a
normal course of business we may contact the respective property owners in order to I. let them
know we have been enM. M to value the affected property and 2. to reccNe iuiy input regarding
the casement & property that they may cage to relate.
T luck Ibtward to working with you again. Please feel iiee to contact my office with anv
questions you may have.
Very truly yours,
VALUATION CONSULTANTS, INC.
SS SRA
Cemfied General Appraiser G 1313752
I
accepted by: --
date.
P_04
P.2
TQA proposal - Juh.1 /. 2001 page 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engine
Anne Martens, Assistant Town engineer
Date: July 22, 2004
Re: Nottingham Road Improvements (I-70 to Buck Creek Road)
Inter-Mountain Engineering, Ltd. Additional Engineering and Contract
Administration Services Proposal
Summary: Inter-Mountain Engineering, Ltd., has submitted the
attached Proposal for an addendum to the engineering and contract administration
services agreement to deal with field modifications and current conditions for the
Nottingham Road Improvements (I-70 to Buck Creek Road). The original design was
completed in 2001 and does not reflect some recent site changes and / or modification to
the topography. As a reminder the Nottingham Road Improvements include
reconstruction of Nottingham Road from I-70 to the Easterly entrance to Sherwood
Meadows.
The proposed addendum to the existing contracted services is not to exceed $4,750
without written approval. The current approved 5-Year Capital Improvements Fund
Budget includes $304,000 in 2004 for construction documents and right-of-way
acquisition and $2,210,000 in 2005 for construction. The cost of these services is within
the current Budget.
Approval of this Proposal for the addendum to engineering and contract administration
services by Inter-Mountain Engineering, Ltd., for Nottingham Road Improvements (I-70
to Buck Creek Road) at a cost not to exceed $ 4,750 is recommended.
Recommendations: Approve Proposal from Inter-Mountain
Engineering, Ltd. for Nottingham Road Improvements (I-70 to Buck Creek Road) for
addendum to engineering and contract administration services at a cost not to exceed
$ 4,750.
Town Manager Comments:
C:ADocuments And Settings\Nwood\Local Settings\Ternporary Internet Fi1es\OLK2\Design Prpsl Merno072204.Doc
Jul-22-04 10:46A Town of Avon 970 748 1958 P_03
0
LuL
? Inte»-Mountafn
July 21, 2004
Ms. Anne Martens
Town of Avon
P.O. Box 975
Avon, CO 81620
Via: Delivery
RF.: Nottingham Road Improvements - Phase 1
1-70 to Sherwood Meadows
Addcndum to Engineering and Contract Administration
Dear Anne:
Please accept (his addendum to our proposal dated May 21, 2004 for the above project.
Scope of Services
iML will provide t.hc following services in addition to those outlined in the May 21, 2004 proposal:
1. Topographic survey at Bolas East trash and Lot 1 West of Pizza Hut $1,850.00
2. Prepare Ralas Tiast trash enclosure relocate plan & adjust bid schedule $1,200.00
3, Revise Irrigation Plan $700.00
4. Additional revisions to the Landscape Plan $1,000.00
5. Verify existing trees and Coordinate; Engineering & Landscape Plans N/C
Fees
The fee for the proposed additional services is $4,750.00
Sincerely,
inter-Mountain Engineering, Ltd.
Frederick E. Tobias, P.E.
Town of Avon
Date
Aga) r'nntinantal Divide Road, Suite # 107 0 Littleton, Colorado 80127 • Phone: 303/948 6220 9 Fax: 303/0,1843b2G
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: LIBRARY DISTRICT LEASE
DATE: JULY 20, 2004
As you know, I represent the Eagle Valley Library District. At your last meeting I
brought to you a copy of the intergovernmental agreement between the Town and the District,
including the lease for the Avon Public Library. That lease has now been signed by both entities,
and I now have a favor to ask on behalf of the District.
The District currently has litigation pending against it, claiming discharge for
reasons discriminating against the employee and violating the ADA. In connection with my review
of that litigation and the District's insurance coverage, I found that the District has a $125,000 per
occurrence deductible on all claims. That is so because the District is now a participant in CRAP,
the intergovernmental insurance pool maintained by counties. However, the District must
participate in CAAP through Eagle County, which has a $125,000 deductible in place.
In investigating alternative insurance coverage, I learned that CIRSA will admit as
members governmental entities other than municipalities if those entities have entered into
intergovernmental agreements with municipalities. The CIRSA staff has reviewed the agreement
between the Town and the District, and CIRSA is willing to accept the District as a member so
long as the Council consents. I have assurance that the District's membership will have no affect
whatsoever on the cost or availability of the Town's insurance coverage.
The District is also exploring membership in the Special District Association pool.
However, in order to obtain quotes from CIRSA, the consent of the Council will first be required.
JWD:ipse
TOWN OF AVON, COLORADO
RESOLUTION NO. 04-30
SERIES OF 2004
A RESOLUTION CONSENTING TO PARTICIPATION
BY THE EAGLE VALLEY LIBRARY DISTRICT
IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY
WHEREAS, the Town of Avon ("Town") is a member of the Colorado
Intergovernmental Risk Sharing Agency ("CIRSA"), a public entity self-insurance pool
providing property/casualty coverage, workers' compensation coverage, or both, to its
members; and
WHEREAS, the Eagle Valley Library District ("District") is a public entity as
said term is defined in C.R.S. Section 24-10-103(5) (other than the state, a county, a city
and county, or a school district); and
WHEREAS, the Town has in effect with the District an intergovernmental
agreement for the provision of one or more functions, services, or facilities lawfully
authorized to both the Town and the District; and
WHEREAS, the District has made application for membership in CIRSA; and
WHEREAS, the Town desires to consent to the District's participation in CIRSA;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town Council hereby consents to participation by the Eagle
Valley Library District in CIRSA.
Section 2. A copy of this Resolution shall be forwarded to the District and to
CIRSA.
ADOPTED this 27th day of July, 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
? J4 L:A I I r
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Anne Martens, Assistant Town ngineer
Date: July 21, 2004
Re: Resolution No. 04 - 31, Approving the Final Plat, A Resubdivision of Lot 72, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado (5350 Ferret Lane)
Summary: Matsen & Robb Enterprises, LLC, owner's of Lot 72, Block 4, Wildridge, has
submitted a Final Plat to resubdivide Lot 72, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 72 A and
72 B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code,
Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 04 - 31, Series
of 2004, A Resolution Approving the Final Plat, a Resubdivision of Lot 72, Block 4, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
J
CADocuments and Settings\nwood\Local Settings\Ternporary Internet Files\OLK2\L72B4WR.doc
TOWN OF AVON
RESOLUTION NO. 04 - 31
Series of 2004
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 72,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Phil Matsen of Matsen & Robb Enterprises, LLC has submitted a Final Plat for a
Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 72, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny
Town Clerk
C:ADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L72B4WRres0431.doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: June 2, 2003
Re: Polling Place Agreement - Eagle County Clerk & Recorder
Summary: Teak Simonton, Eagle County Clerk & Recorder, has made a request of the Town to
use the Municipal Building (Council Room) as an official polling location to serve precincts Nos. 15 &
19 for the November general election and in even-numbered years for the primary (August) &
general (November) election. The Town Council has agreed in the past that the Municipal Building
should serve as a polling location. The attached agreement formalizes that commitment between
the Town and Eagle County Clerk & Recorder.
Background: John Dunn has reviewed the agreement. Note this is not a multi-year agreement and
the Town reserves the right to terminate the agreement if need be.
Proposed Motion: "I move to approve the Consent Agenda"
Town Manager Comments: J
POLLING PLACE AGREEMENT
&ZAq %,JVnA,,
This agreement is e ?ered iintobyeak J. imo ton, Eagle County Clerk and Recorder and Q?
agent for location is to be used as a polling place for
elections being held on August 10, 2004 and Tuesday, November 2, 2004.
WHEREAS, C.R.S. `1-5-101 et seq. provides that the Clerk and Recorder of each County shall
designate the locations where elections are to be held;
WHEREAS, Avon Municipal Building is desirous of having its locations designated as a polling
place;
NOW THEREFORE, in exchange for valuable consideration, the receipt of which is hereby
acknowledged by the parties, it is agreed as follows:
The agent agrees to allow the following described areas, including available parking areas
and directly connecting passageways to be used as a polling place: Avon Municipal Building
The premises are to be occupied and used primarily for election purposes from 6:00 a.m. to 8:00
p.m. or until all Election Day activities are complete. No other scheduled activities should be allowed
to interfere or compete with the election process and judges' work until the entire process is complete.
2. The agent will permit access to the premises on dates and times in addition to the above
mentioned date for purposes of checking the location and phone line, delivering, setting up and
removal of election equipment and supplies. Arrangements between the Clerk's office and the agent
will be made by mutual agreement.
The agent understands the building will be posted as an polling location on or before July
29, 2004 for the Primary Election and on or before October 21, 2004 for the General Election, and that
?-
as of said posting no electioneering, (including but not limited to advertising, distribution of literature,
meetings or campaigning) can knowingly take place within 100 feet of the official entrance/exits of the
polling location. Every effort should be made by the agent to reasonably comply. The agent is asked
to notify the County Clerk immediately if electioneering activity occurs.
4. The agent will provide the premises in a clean and usable condition. The Clerk's office will
leave the premises in as much the same condition as is possible at the end of the Election Day.
5. The agent will provide a minimum of 3 8 - foot tables and T chairs to be
used throughout the day and ? trash receptacles.
6. The agent will provide convenient access to a telephone throughout the day. That telephone
number is Id O Q - 0 0 3 5 . If unable to do so, agent will notify the Clerk immediately
to make alternative arrangements.
7. The contact person for the agent is who
can be reached during business hours by calling ?Rj q O ?J or during non-business
hours by calling q ? q " W 60 0
8. The agent agrees to permit entry to the premises on Election Day at 6:00 a.m. according to
the following arrangements:
?,Ak &,,?? aw I-- aco-wt L?,
UC;
9: The agent requires the following additional conditions:
The parties have executed this Agreement on the dates stated below:
Teak J Simonton date Patty McKenny date
Eagle County Clerk & Recorder Avon Municipal Building