TC Council Packet 11-23-2004STATE 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 NOVEMBER 23, 2004, AT 3:30 P.M. IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:30 PM - 4:00 PM 1) Council Committee Updates - Council members are assigned to several
committees and update their progress.
U.S. Forest Service Meeting regarding West Avon Parcel (Councilor
Wolfe)
Avon Comprehensive Plan Update (Mayor Pro Tern McDevitt)
Water Update (Councilor D. Buckley)
4:00 PM - 4:10 PM 2) Organization of New Council (John Dunn) - review of the procedure
for election of a mayor and mayor pro tem at the organizational
meeting
4:10 PM - 4:30 PM 3) Presentation of History of Confluence Annexation &
Development Agreements (Scott Wright & Jacquie Halburnt) -
History of the annexation of the Confluence and the resulting
development agreements with the Confluence, Lot C and Lot B.
4:30 PM - 5:OOPM 4) School Site at the Village at Avon (Karen Strakbein) - Discussion
about the Town's position regarding the potential school sites for the
Village at Avon.
5:00 PM - 5:30 PM 5) Staff Updates
a. Avon Comprehensive Plan Update (Eric Heidemann) - an update
of the process
b. Update on Wildridge Public Meeting to be held on 11/18/04 to
discuss traffic calming & pedestrian circulation & Wildridge park
improvements (Norm Wood)
Consent Agenda Questions
Council Committee Updates
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
NOVEMBER 19,2004:
? AVON MUNICIPAL BUILDING, MAIN LOBBY
? ALPINE BANK, MAIN LOBBY
? AVON RECREATION CENTER, MAIN LOBBY
? CITY MARKET, MAIN LOBBY
FINANCIAL MATTERS
November 23, 2004
1. YTD Building Revenue Report Actual vs Budget - October 2004
2. Detail-Real Estate Transfer Taxes - October 2004
3. Accomodations Tax Worksheet Actual vs Budget - September 2004
4. Sales Tax Worksheet Actual vs Budget - September 2004
ACCOUNTING PERIOD: 10/04 TOWN OF AVON
REVENUE STATUS REPORT
SELECTION CRITERIA: orgn.fund="10" and revledgr. account in ("52201","52203","52209","54201","59202","54203")
FUND-10 GENERAL FUND
ACCOUNT - - - - - TITLE - - - - -
BUDGET
52201
52203
BUILDING PERMITS
PLUMBING
150,000.00
52204
PERMITS
MECHANICAL PERMITS
12,000.00
TOTAL
LICENSES AND PERMITS
12,000.00
174,000.00
54201
59202
PLAN CHECK FEES
SUBDIVISION REVIEW FEES
85,000.00
54203
TOTAL
DESIGN REVIEW FEES
94,000.00
20,000
00
CHARGES FOR SERVICES
.
199,000.00
TOTAL
GENERAL FUND
373,000.00
TOTAL
REPORT
373,000.00
PAGE 1
RECEIPTS
PERIOD
RECEIVABLES
YEAR TO
REVENUE DATE
C
To
YTD/
U
-
D
1,275.50
69.08
.00
00
103,838.61
46,161.39
69.23
69.08
.00
12,644.65
12
651
71
-644.65
105.37
1,413.66
.00
,
.
129
134
97
-651.71
105.43
,
.
44,865.03
74.22
389.11
2,864.75
.00
00
110,187.56
-25,187.56
129.63
3,352.50
00
58,616.13
25
220
00
35,383.87
62.36
6,606.36
.00
,
.
194
023.69
-5,220.00
126.10
,
4,976.31
97.50
8,020.02
.00
323,158.66
49,841.34
86.64
8,020.02
00 323,158.66 49,841.34 86.64
Town of Avon
Real Estate Transfer Tax
Calendar Year 2004
Purchaser Name Property Amount Received
September Balance Forward $ 1,600,360.13
Title Comp Rockies Christie Lodge Timeshare 130.00
Holiday Christie Lodge Timeshare 5.22
Title Comp Rockies Christie Lodge Timeshare 139.95
Title Comp Rockies Christie Lodge Timeshare 130.00
Title Comp Rockies Christie Lodge Timeshare 90.00
Charles Williams Christie Lodge Timeshare 40.00
Holiday Christie Lodge Timeshare 40.00
1 st American Heritage Falcon Pointe Timeshare 100.00
1 st American Heritage Falcon Pointe Timeshare 20.00
Holiday Falcon Pointe Timeshare 5.93
Holiday Falcon Pointe Timeshare 4.00
Holiday Falcon Pointe Timeshare 34.00
JRA Services Lakeside Terrace B-203 49.90
Title Comp Rockies Lakeside Terrace 04-40 3,094.40
Title Comp Rockies Lakeside Terrace 04-41 894.70
Title Comp Rockies Lakeside Terrace 04-37 974.80
Title Comp Rockies Lakeside Terrace 04-36 3,619.00
Title Comp Rockies Lakeside Terrace 04-39 1,674.70
Title Comp Rockies Lakeside Terrace 04-35 184.90
Title Comp Rockies Lakeside Terrace 04-38 2,129.70
Title Comp Rockies Lakeside Terrace 04-43 184.90
Title Comp Rockies Lakeside Terrace 04-42 774.80
Title Comp Rockies Mtn. Vista 04-41 3,748.90
Title Comp Rockies Mtn. Vista 04-38 8,378.00
Title Comp Rockies Mtn. Vista 04-40 4,948.56
Title Comp Rockies Mtn. Vista 04-39 7,338.50
Intercity Capital Corp Mtn. Vista # 1206 Week 42 20.00
Title Comp Rockies Mtn. Vista 04-42 6,868.25
Scott & Diane Schmidt Season @ Avon 303 5,300.00
George Ecks & Patricia Higgins Season @ Avon 324 5,240.00
Randal Donahoo Season @ Avon 302 2,740.00
Robert Herbst Season @ Avon 217 4,100.00
Porfirio & Debra Dubon Season @ Avon 409 5,400.00
Leighton O'Dell & William Barnett Season @ Avon 207 5,000.00
Bruce Wilcox Bristol Pines # 19 2,200.00
Eric Lickteig Bristol Pines # 20 2,160.00
Kimberly McCorkell & Cody Chalfin Bristol Pines #4 2,100.00
Daniel Curran & Yvonne Otero Sunridge @ Avon C-107 2,760.00
Dawn Reyling Sonnen Halde Condo B-8 780.10
Paul & Mary Hammond Avon Lake Villas B-2 1,659.98
Donald Freedman Avon Center @ B.C. 306 4,900.00
Ronald Alex Benchmark Condo D-22 2,200.00
Y
Town of Avon
Real Estate Transfer Tax
Calendar Year 2004
Purchaser Name
Michelle Williams
Jamie Lee & James Lee
Carin Poeschel
William & Judith Simpson
BBG Holding Corporation
Christopher Mayer & Joy Thomas
Andrea Wilkerson
Nicole White
Philip & Bonnie Kohn
Kim, Patrick & Patricia Dodson
Elisabeth A. Sleeth
Mary Kaye Tosti
John Nelson
Andrew Kaufman & Ann Sinton
Anna Williams
Erick & Laura Ciampa
Harry Clancy
Christopher Fisher
Michael Current & Julie Fisher
Cristine & Frederick Rumford
Terry Luttrell
Leslie Roubos
Thomas Feiten & Kasey Ankney
Property Amount Received
Balas Townhomes H-303
Buck Creek Condo D-101
Buck Creek Condo A-201
310 W. Beaver Creek # B
Lot 22 Blk 1 Benchmark @ B.C.
Lakeview @ Benchmark B-4
Greenbriar Condo D-29
Avon Crossing 13204
Canyon Run B-102
Chapel Square B-221
Lodge @ Brookside 301
Lodge @ Brookside 108
Lot 12-A Blk 2 Eaglebend
Lot 10-A Blk 2 2877 O'Neal Spur
Rocking Horse Ridge II C-3
Draw Spur Townhomes 3
2485-A Old Trail Road
Ridgeline Condo A-1
Ridgeline Condo B-4
Lot 73 Blk 1 Wildridge
Lot 72- A Blk 4 Wildridge
Lot 5 Blk 3 Wildridge
Lot 46- A Bik 1 Wildridge
Total October Revenue
Total YTD Revenue
Total 2004 Budget
100.00
2,800.00
6,240.00
7,000.00
25,366.00
1,300.00
1,280.00
1,430.00
8,440.00
8,300.00
3,500.00
3,700.00
10,840.00
17,000.00
5,560.00
3,000.00
7,980.00
1,860.00
2,100.00
11, 800.00
14,660.00
5,260.00
4,900.00
246,579.19
1,846,939.32
1,850,000.00
Variance, Favorable (Unfavorable) $ (3,060.68)
TOWN OF AVON
SALES TAX WORKSHEET
Actual vs. Budget (Revised)
(Includes In-Lieu-of Pymt W/O Garts, Pier One, and Office Depot)
anuary
February
March
April
May
June
July
August
September
October
November
December
1999
$ 384,939.69
397 ,323.16
474,933.06
302,864.19
265,405.35
395,755.68
395,954.38
366,648.94
364,432.54
295,541.62
320,335.28
564,813.35
2000
$ 359,721.88
397,291.59
457,053.94
337,087.43
286,191.36
398,869.89
415,978.51
400,447.52
375,400.90
320,796.00
329,170.99
607,777.58
Actual Collections
2001
$ 408,217.16
401,384.50
503,411.30
344,079.71
317,331.11
393,695.61
434,867.02
421,012.61
356,264.03
361,688.95
333,024.51
615,165.05
2002
$ 411,790.30
400,493.88
482'084.42
289,326.67
299,677.89
355,084.11
399,046.84
391,457.32
,457.32
335,782.58
318,052.07
321,486.88
679,811.56
2003
$ 416,475.94 $
436,108.60
493,056.54
311,212.23
292,634.62
363,268.64
337,933.65
345,842.34
329,048.03
307,335.55
291,050.42
650,822.07
2004 Budget
420,006.90
430,505.15
480,906.90
318,381.70
281,130.42
356,204.60
405,404.21
346,306.20
329,489.37
307,747.77
291,440.79
651,694.99
YTD Collections
$ 420,006.90 $
430,505.15
480,906.90
318,381.70
281,130.42
356,204.60
405,404.21
392,889.17
391,657.31
-
-
Variance
,582.97
62,167.94
-
% of change
from 2003
1.28%
-1.28%
-2.30%
2.30%
-3.93%
-1.94%
19.97%
13.03%
°
19.03
-100.00%
-100.00%
Total
$ 4,528,947.24
$ 4,685,787.59
$ 4,890,141.56
$ 4,684,094.52
$ 4,574,788.63 $
4,619,219.00
$ 3,477,086.36
$
08,750.91
-100.00%
4.56%
Monthly Collections for September
$400,000.00
$390,000.00
$380,000.00
$370,000.00
$360,000.00
$350,000.00
$340,000.00
$330,000.00 i +
$320,000.00 I
$310,000.00
$300,000.00 L z ri
$290,000.00 m
1999 2000 2001 2002
2003 2004
Year
TOWN OF AVON
ACCOMMODATIONS TAX WORKSHEET
Actual vs. Budget
Actual Collections
1999
2000
2001
2002
Budget
YTD Collections
/o o
of change
2003
2004
2004
Variance
from 2003
January
February
$ 41,102.99 $
36
985
03
24,753.92
3
$ 35,913.75 $
33,569.05 $
33,098.93
$ 35,334.04
$ 49
606
71 $
Mardi
,
.
42
018
24
2,158.10
42,137.63
40,888.10
46,317.21
49,444.93
,
.
52
217
57
14,272.67
49.87%
April
,
.
11,609.15
42,385.82
10,166.11
55,435.56
12
152
0
56,372.30
71,438.85
76,262.98
,
.
55,303.58
2,772.64
(20
959
40)
12.74%
0
2
May
6,117.50
5,712.27
,
.
0
6
749
18
12
,536.40
12,755.91
13,617.29
11,836.96
,
.
(1
780
33)
-
2.59/0
7
2
June
Jul
14,958.28
15
,610.67
,
.
15,630.07
8,424.93
13
301
20
4,077.14
1
5
50
4,352.46
8,380.80
,
.
4,028.34
-
.
0%
105.56%
y
August
21,120.57
21
,769.19
22,567.70
,
.
21,435.73
,
1.57
19
458
30
16,548.36
19,906.06
3,357.70
28.41%
September
16,452.89
17,093.13
19,873.96
17,483.54
,
.
15
787
15
20,772.28
22,059.52
1.287.24
13.37%
October
10,300.61
12,810.60
13,059.89
13,041.26
,
.
10
596
31
16,853.23
18,552.96
1.699.73
17.52%
November
7,258.18
9,139.51
7,065.21
9,998.17
,
.
9
602
87
11,311.86
14,405.20
3,093.34
35.95/0
December
7,889.97
25
606
29
10,233.40
7,592.38
10,582.27
,
.
9,999.25
10,251.33
10,674.48
-100.00%
,
.
32,309.50
29,964.55
32,498.49
41,756.98
44,576.75
-100.00%
Total
$ 241,419.70 $
234,142.22
$ 268,141.88 $
270
131
44 $
2
-100.00%
,
.
90,390.47
$ 310,000.00
$ 252,269.36 $
7.771.93
In 1 got
Monthly Collections for September
$16,000
$14,000 - - _
$12,000 / . _
$10,000
$8,000
$6,000
I
$4,000
$2,000 f'
mmd
1999 2000 2001 2002 2003 2004
Year
Memo
To: Honorable Mayor and Town Council
From: Councilor D. Buckley
Thru: Patty McKenny, Town Clerk
Date: November 18, 2004
Re: Attachment
Summary:
Debbie asked me to distribute this information to you for her discussion under Council Committee
Updates.
Porzak Browning & Bushong LLP
Attorneys•at•Law
929 Pearl Street, Suite 300 Boulder, CO 80302 303 443-6800 Fax 303 443-6864
Vail Office: 846 Forest Road Vail, CO 81657 970477-5419 Fax 970477-5429
MEMORANDUM
TO: Upper Eagle Regional Water Authority
FROM: Glenn E. Porzak and Fritz Holleman
DATE: November 16, 2004
RE: Colorado River Compact Call
With a series of drought and below average water years, and dropping water levels in Lake
Powell, there has recently been greater concern about the possibility of a "call" by California and the
other Lower Basin States under the 1922 Colorado River Compact ("Compact"). This memorandum
gives a short overview of the important provisions of the Compact and the 1948 Upper Colorado
River Compact. It then identifies a list of the most important unresolved questions that a Compact
call would raise. There are many such questions. John Leshy, Former Solicitor for the Department
of the Interior, was recently quoted:
If there is a compact call, we really are in no man's land .... If there can't be some
sort of settlement patched together, we're looking at horrendous litigation.
Attached at the end of this memorandum is a complete, updated list of the water rights
controlled by the Authority. It is divided into three sections to show (1) the senior rights not subject
to a Shoshone call, (2) rights that are junior to Shoshone, but still senior to the Compact, and (3) the
rights that are junior to the Compact. This memorandum also sets out the historic consumptive use
credits controlled by the Authority organized into these same three categories.
As explained in greater detail below, the significance of the foregoing three categories is that
rights senior to the effective date of the Shoshone right are the most reliable in the event of a
Compact call. Rights senior to the effective date of the Compact, but junior to the Shoshone Power
Plant, are potentially vulnerable to a Compact call to the extent such rights have historically been
protected from the Shoshone call by the historic users pool of Green Mountain Reservoir (which is
junior to the Compact). Finally, rights junior to both the Shoshone right and the Compact are
obviously the most vulnerable in the event of a Compact call.
Tm 1735
Y
Overview of the 1922 Colorado River Compact.
• Divides the Colorado River, including all tributaries, into an Upper and Lower Basin. The
boundary between the two basins is in Lee Ferry, Arizona.
• The Upper Basin states are Wyoming, Colorado, most of New Mexico and Utah, and that
part of Arizona above Lee Ferry.
• The Lower Basin states are Nevada, California, most of Arizona, and parts of Utah and New
Mexico.
• Article III(a) - - Allocation between the Upper and Lower Basins: "There is hereby
apportioned... in perpetuity to the Upper Basin and to the Lower Basin... the exclusive
beneficial consumptive use of 7,500,000 acre feet per annum ...."
• Article III(b) - - Additional allocation to Lower Basin: "In addition to... paragraph (a) the
Lower Basin is hereby given the right to increase its beneficial consumptive use... by one
million acre feet per annum."
• Article III(c) - - Obligation to Mexico: Provides that water for Mexico "shall be supplied
first from the waters over an above... paragraphs (a) and (b); and if such surplus shall prove
insufficient... the burden... shall be equally borne by the Upper Basin and the Lower Basin
• Article III(d) - - Ten year rolling average: "The states of the Upper Division will not cause the
flow... At Lee Ferry to be depleted below an aggregate of 75,000,000 acre feet for any
period of ten consecutive years ...."
• Article VIII - - Protection for rights senior to the effective date of the Compact: "Present
perfected rights to the beneficial use of waters of the Colorado River system are unimpaired
by this compact." The term "present perfected rights" in the Compact was defined in Arizona
v. California, 376 U.S. 340 (1964), to mean rights existing as of June 25, 1929, and meeting
the following definition:
[A] water right acquired in accordance with state law, which right has
been exercised by the actual diversion of a specific quantity of water
that has been applied to a defined area of land or to definite municipal
or industrial works, and in addition shall include water rights created
by the reservation of mainstream water for the use of federal
establishments under federal law whether or not the water has been
applied to beneficial use.
Tm 1735
2
Given this definition, all water rights actually applied to beneficial use before June 25, 1929,
regardless of when actually adjudicated, should be protected against a direct Compact call.'
Overview of the 1948 Upper Colorado River Basin Compact.
Allocates consumptive use among the Upper Basin States.
Provides Arizona with 50,000 acre feet of consumptive use per annum, with the remainder as
follows:
• 51.75% to Colorado
• 23.00% to Utah
• 14.00% to Wyoming
• 11.25% to New Mexico
• "Consumptive use" is defined as man-made depletions to the native (virgin) flow at Lee
Ferry.
Significant Compact Issues.
• The conflict between Articles I11(a) and IJI(d) - which is controlling? Must the Upper Basin
forgo a portion of the 7.5 million acre feet allocated in Article III(a) to deliver the 75 million
acre feet allocated to the Lower Basin in any 10 year period as required by lII(d)?
• The Compact commits the Upper Basin to deliver 7.5 million acre feet per year on a ten year
average, but the Upper Basin has been delivering a surplus. Can the Upper Basin take credit
for the surplus delivered on an average annual basis (approximately 8.23 million acre feet per
year) since the Compact was ratified?
• Would the United States Bureau of Reclamation first drain Blue Mesa and other federal
reservoirs before requiring Colorado water users to stop diverting?
• Some of the Upper Basin States such as Wyoming are much further away from using their
full Upper Basin Compact entitlement. Will they be required or be willing to contribute more
water to a Lower Basin Compact call so that Colorado water users are not shut down?
• There is no written policy explaining how the Colorado State Engineer might attempt to meet
a Compact call. The Division Engineer for Water Division No. 5 reports that the long
standing assumption has been that enforcement would be on a strict priority basis, and that
the State would simply start shutting down junior uses until the delivery obligation was met.
There has, however, been some discussion by the State Department of Natural Resources on
' Note that without this express protection for "present perfected rights," delivery obligations
could be imposed against rights senior to an interstate compact. Hinderlider v. La Plata River & Cherry
Creek Ditch, 304 U.S. 92 (1938).
Tm 1735
3
the feasibility of administering a Compact call by requiring each of Colorado's seven water
divisions to supply a certain percentage of any state line delivery obligation. That effort is
just getting started and appears a remote possibility at the current time.
Water Rights List
The three groupings of water rights in the charts and lists that follow are organized by priority
relative to the Shoshone right and the effective date of the Compact. The reason for including the
Shoshone right as a significant date has to do with the rebound call effect that a Compact call could
cause, making more rights vulnerable to the Shoshone call.
To understand this rebound call effect, the starting point is to recognize that if there is a
Compact call, the most likely scenario is that the State Engineer would start by shutting down the
most junior users until Colorado's share of the delivery obligation is met. Water rights with an
appropriation date senior to the effective date of the Compact, June 25, 1929, could not be called out
directly. These senior rights could, however, still be impacted in the event of a Compact call if
junior to the effective administration date of the Shoshone call.' Under normal operations, most such
rights are allowed to divert even when the Shoshone call is on the river because they are "Preferred
Beneficiaries" under the operating policy for Green Mountain Reservoir. As such, these rights are
augmented by releases from the Green Mountain power pool and can divert even when there is a
Shoshone call on the river. A 1929 Compact call would be senior to the 1935 priority for Green
Mountain Reservoir, impacting its ability to fill and supply this augmentation water, and thereby
subjecting all Preferred Beneficiaries to the Shoshone call.
Clearly, the most valuable rights controlled by the Authority are the rights senior to the
effective administration date of the Shoshone call. Most such rights controlled by the Authority have
been converted to annual historic consumptive use ("HCU") credits. The charts below approximate
(1) the HCU credits that are senior to the Shoshone right (and therefore obviously senior to the 1929
Compact), (2) the credits that are senior to the Compact, but still junior to Shoshone, and therefore
subject to a rebound call from Shoshone in the event of a Compact call, and (3) the credits that are
junior to the effective 1929 date of the Compact, and the most vulnerable in the event of a Compact
call. Attachment No. 1 to this memorandum is an updated master list of all of the Authority's water
rights divided into these same three categories.
Priority of HCU Credits.
1. Arrowhead Metropolitan District.
The Arrowhead Metropolitan District owns 79 acre feet of previously quantified historic
consumptive use credits. All of this water is attributable to the Terrell and Ford Ditch, Priority No.
'The priority date of the Shoshone right is January 7, 1902, but the adjudication date was
December 9, 1907. There was an earlier adjudication in this same water district dated December
5, 1905. The administration number for most of the Shoshone right is 20427.18999.
Tm 1735
4
6,
449, which has a 1921 priority date. Arrowhead has leased 35.1 acre feet of these HCU credits to the
Authority. The priority of these HCU credits is as follows:
Priority HCU-Arrowhead
(in acre feet) HCU-Authority
(in acre feet)
Senior to Shoshone 0 0
Junior to Shoshone,
but Senior to Compact 79 35.1
Junior to Compact 0 0
Despite the fact that the Arrowhead HCU credits fall into the middle priority class and are
ostensibly junior to the Shoshone right, Arrowhead is also the beneficiary of important contract
rights to more senior HCU credits.3 These contract rights give Arrowhead a significant interest in a
number of more senior rights allocated to the Country Club of the Rockies ("CCR") by Water Rights
Deed and Agreement dated May 11, 1995, among Vail/Arrowhead, Inc., CCR, and Arrowhead. The
most important of these rights is the Terrell and Ford Ditch, Priority No. 151, which is senior to the
Shoshone right. Arrowhead's contract rights provide that "in a time of shortage" Arrowhead's in-
house municipal supply is the "paramount or primary need for water" and will be supplied before
CCR can use this senior right for golf course irrigation a
3Arrowhead's contract rights are originally found in the Agreement Concerning
Ownership and Utilization of Water Rights dated May 31, 1992, among Arrowhead at Vail,
Country Club of the Rockies, Inc., and Arrowhead. These contract rights are recognized and
preserved in the following subsequent agreements:
A. Water Rights Deed and Agreement dated May 11, 1995, among Vail/Arrowhead, Inc.,
Country Club of the Rockies, Inc., and the Arrowhead Metropolitan District.
B. Water Rights Deed and Agreement dated May 11, 1995, among Vail/Arrowhead, Inc.,
Country Club of the Rockies, Inc., the Arrowhead Metropolitan District, and the Smith
Creek Metropolitan District.
C. Agreement dated May 11, 1995, between Vail/Arrowhead, Inc. and the Arrowhead
Metropolitan District.
a The complete contract provision reads as follows: "[Arrowhead] requires water for
municipal and domestic purposes, and between the parties hereto, this shall be considered the
paramount or primary need for water in times of shortage. CCR requires water for golf course
green, fairway, rough and incidental irrigation. [Vail/Arrowhead, Inc.] requires water for
snowmaking purposes and incidental municipal and domestic uses in connection with the
operation of mountain restaurants and the like. Between CCR and [Vail/Arrowhead, Inc.], there
shall be no "priority" of utilization and shortage will be shared equally subject, however, to the
primary or senior right of [Arrowhead] to secure its in-house municipal supply." Agreement
Tm 1735
5
to
A second contract provision gives Arrowhead the following additional protection in the event
of a Compact call:
The parties further recognize that, should the administration of the Colorado River be
altered in that the water allocated to [Arrowhead] be subjected to administrative "call"
and no longer be protected by replacement releases from Green Mountain Reservoir,
[Arrowhead] shall have the right, upon written notification to [Vail/Arrowhead, Inc.]
and CCR, to devote the senior-most priorities described in Exhibit A and 80CW397
as necessary to protect the municipal/domestic diversions of [Arrowhead]. Provided,
however, that CCR shall have the right to continue utilizing the senior-most decrees
on the condition that it pay to [Arrowhead] in a timely manner any increased costs
attributable to [Arrowhead's] continued reliance upon the junior-most decrees
described herein above.
The most senior of the "senior-most priorities" referenced in this contract provision is the
Terrell and Ford Priority No. 151 which, as mentioned above, is senior to the Shoshone call. The
HCU for this right has been quantified at 197 acre feet.
Given the foregoing contract provisions, Arrowhead can rely on the senior Priority No. 151
water right "in a time of shortage" generally, but more specifically can turn to this right in the event
of a Compact call that might reduce the Green Mountain water otherwise available to augment
Arrowhead's more junior Priority No. 449. These contract rights have been assigned to the
Authority and should allow it to use the senior Priority No. 151 in the event that the 35.1 acre feet of
Priority No. 449 leased to the Authority is called out.
2. Beaver Creek Metropolitan District.
In contrast to the other member entities, the Beaver Creek Metropolitan District does not
have previously quantified HCU credits. It does, however, have 2.5 cfs of senior direct flow rights
decreed to the Townsend and Ben Nelson Ditches. These rights have been leased to the Authority.
These rights have priority dates of 1888 and 1889, respectively, and are senior to the effective
administration date of the Shoshone right. These rights give Beaver Creek a secure in-house
municipal supply that is not subject to any downstream call.
Beaver Creek also owns 6.37 cfs decreed for irrigation uses associated with the development.
This water has also been leased to the Authority. Of this amount, 1.67 cfs is associated with the
Townsend Ditch and has an 1888 priority date senior to both the Shoshone call and the Compact.
The remaining 4.7 cfs is decreed to the Wiltshire Thomas Ditch and the 1 S` and 2"a Enlargements
thereof. All of this water is senior to the effective date of the Compact, but junior to Shoshone.
Concerning Ownership and Utilization of Water Rights dated May 31, 1992, among Arrowhead
at Vail, Country Club of the Rockies, Inc., and Arrowhead Metropolitan District, paragraph 1.
Tm 1735
6
A
3. Berry Creek Metropolitan District.
The Berry Creek Metropolitan District owns 221.5 acre feet of previously quantified historic
consumptive use credits. Berry Creek has leased 63.84% of this water to the Authority, for a total of
141.4 acre feet of HCU. The priority of these HCU credits is as follows:
Priority HCU-Berry Creek
(in acre feet) HCU-Authority
(in acre feet)
Senior to Shoshone 218 139.1
Junior to Shoshone,
but Senior to Compact 3.5 2.3
Junior to Compact 0 0
4. Cordillera Metropolitan District.
The Cordillera Metropolitan District recently conveyed 247.33 acre feet of previously
quantified historic consumptive use credits to the Authority. This includes the 100 acre feet
purchased from the Eagle Vail Metropolitan District. The priority of these historic consumptive use
credits is as follows:
Priority HCU-
Cordillera/Authority
(in acre feet)
Senior to Shoshone 114.48
Junior to Shoshone, 124.35
but Senior to Compact
Junior to Compact 8.5
5. Eagle-Vail Metropolitan District.
The Eagle-Vail Metropolitan District at one time owned 824.4 acre feet of previously
quantified historic consumptive use credit. Eagle-Vail leased 70.8273% of that amount to the
Authority, for a total of 584 acre feet of HCU credit. Eagle-Vail subsequently sold 45 acre feet of its
HCU credit to Edwards, and 100 acre feet to Cordillera, and now owns 679.4 acre feet. The priority
of the remaining 679.4 acre feet of HCU credits is as follows:
Tm 1735 7
Q
Priority HCU-Eagle-Vail
(in acre feet) HCU-Authority
(in acre feet)
Senior to Shoshone 0 0
Junior to Shoshone,
but Senior to Compact 621.3 534
Junior to Compact 58.1 50
6. Edwards Metropolitan District.
The Edwards Metropolitan District owns 264.5 acre feet of previously quantified historic
consumptive use credits. Edwards has leased all of these HCU credits to the Authority. The priority
of this 264.5 acre feet is as follows:
Priority HCU-Edwards
(in acre feet) HCU-Authority
(in acre feet)
Senior to Shoshone 123.6 123.6
Junior to Shoshone,
but Senior to Compact 127.4 127.4
Junior to Compact 13.5 13.5
7. Smith Creek Metropolitan District.
The Smith Creek Metropolitan District previously owned 68 acre feet of historic consumptive
use credits associated with the Terrell and Ford Ditch, Priority No. 449, which has a 1921 priority
date. Smith Creek conveyed 37 acre feet of these HCU credits to the Authority. Smith Creek also
acquired from Vail Associates and conveyed to the Authority 6 acre feet of the senior Townsend
Ditch water rights, with a priority date in 1888. The priority of the foregoing HCU credits is as
follows:
Priority HCU-Arrowhead
(in acre feet) HCU-Authority
(in acre feet)
Senior to Shoshone 0 6
Junior to Shoshone,
but Senior to Compact 31 37
Junior to Compact 0 0
Smith Creek is the beneficiary of the same contract rights to the more senior Terrell and Ford
Ditch Priority No. 151 as described above for the Arrowhead Metropolitan District. These contract
Tm t 735
a
rights have been proportionally assigned to the Authority so that it may rely on the more senior
Priority No. 151 when the Priority No. 449 water is not available.
8. Town of Avon.
The Town of Avon owns 448 acre feet of previously quantified historic consumptive use
credits. Avon has leased 77.7% of this amount to the Authority, for a total of 348 acre feet. The
priority of these HCU credits is as follows:
Priority HCU-Avon
(in acre feet) HCU-Authority
(in acre feet)
Senior to Shoshone 345 268
Junior to Shoshone,
but Senior to Compact 78 61
Junior to Compact 25 19
9. Brett Ditch.
The Authority currently owns up to 93.461 acre feet of previously quantified historic
consumptive use credits decreed to the Brett Ditch. All of these consumptive use credits are senior
to the Shoshone rights.
Tm 1735
9
\O
Master Chart of HCU
Total Owned
(in acre
feet) Leased/
Conveyed
to UERWA UERWA
Senior to
Shoshone UERWA
Junior to
Shoshone,
Senior to
Compact UERWA
Junior to
Compact
Arrowhead 79 35.1 0 35.1 0
Avon 448 348 268 61 19
Berry Creek 221.5 141.4 139.1 2.3 0
Brett Ditch 93.461 93.461 93.461 0 0
Cordillera 247.33 247.33 114.48 124.35 8.5
Eagle-Vail 679.4 584 0 534 50
Edwards 264.5 264.5 123.6 127.4 13.5
Smith Creek 74 43 6.0 37.0 0.0
TOTALS 1756.791 744.641 921.15 91.0
Water Storage Rights
In addition to the water rights on the attached lists, the Authority has the right to water stored
in the facilities described below. The Green Mountain and Wolford Reservoir water is junior to the
effective date of the Compact. The water storage rights for the Homestake and Eagle Park
Reservoirs are also junior to the effective date of the Compact. However, to the extent these
facilities are augmented with senior water rights, they will not be subject to a Compact call.
Green Mountain Reservoir - 220 acre feet pursuant to Contract No. 9-07-60-W0413
with the United States Bureau of Reclamation. The Authority also recently received
an assignment from Cordillera of the following Green Mountain Reservoir rights: 73
acre feet pursuant to Contract No. 9-07-60-W0401, and 255 acre feet pursuant to
Contract No. 90-07-60-W 1015.
Homestake Reservoir - Stock in the Eagle Park Reservoir Company as follows: 125
shares of Class B Series 1 and 125 shares of Class B Series 2 entitling the Authority
to 250 acre feet in Homestake Reservoir.
Eagle Park Reservoir - 4,090 shares of Class A2 stock which entitles the Authority to
409 acre feet.
5Does not include Beaver Creek water rights and the contract rights held by Arrowhead
and Smith Creek to HCU senior to the Compact.
Tm 1735
10
• Wolford Mountain Reservoir/Ruedi Reservoir - 200 acre feet pursuant to Contract
No. CW02020, December 31, 2002, assigned June 4, 2004 from Squaw Creek
Metropolitan District. 10.8 acre feet pursuant to Contract No. CW03005, January 3,
2003, assigned April 3, 2003 from the Town of Avon.
Tm 1735
11
TABLE 1:
PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY
SENIOR TO SHOSHONE
D
d
ecree
Structure Name
1
Owner
Source
2
Amount,
cfs
3
Amount Owned, cfs
4
Status
5)
Adjudication
Date
6
Appropriation
Date
7
Original
Use
8
Priority
No.
(9
Administration
No.
(10
Original
Case No.
11)
Howard-Winslow Ditch
Brett Ditch _
Brett Ditch _
Metcalf Ditch
Hurd Ditch
Nottingham & Puder Ditch _
Terrell & Ford Ditch_ _
Ben Nelson Ditch
Howard Winslow Ditch
Laura A
Hockett Ditch
Berry Cr.
Edwards
Edwards _
Avon
_ Avon _
Avon _
Arrowhead
Beaver Cr.
Berry Cr.
C
dill
Berry Cr.
Lake Cr.
Lake Cr.
Eagle R.
Buck Cr.
Eagle R.
E le R.
_G_rouseCr/EagieR
Berry Cr.
3.20
3.000
3.000
6.000
2.000
10.000
6.640
3.300
3.60
0.50
18.564 of
6.000
2.000
2.500
0.000
2.500
3.60
A
A
A
A
A
A
A
A
A
12-17-1889
12-17-1889
12-17-1889
3-05-1901
3-05-1901
3-05-1901
3-05-1901
3-05-1901
3-05-1901
7-24-1884
4-01-1887
4-01-1887
4-01-1888
10-01-1888
4-02-1889
6-10-1889
6-20-1889
2-04-1890
1
I
1
1
1 _
1 _
1
1
1
26
53
53
146
147
148
151
153
157
12624.00000
13605.00000
13605.00000
16251.13971
16251.14154
16251.14337
16251.14406
16251.14416
16251.14645
CA294
CA294
CA294
CA385
CA385
CAM
CA385
CA385
CA385
.
Creamery Ditch
Howard Ditch _
Howard Ditch
Howard Ditch
JM Dodd Ditch - Hyde & Beck Ent
or
era
Edwards
Berry Cr.
Edwards
Edwards
Ed
d
Brush Creek
East Lake Cr.
Eat R.
Eagle R.
Ea le R.
3.6
7.300
3.08
3.080
3.080
0.5
1.64 of
0.76
4.94 of
13.5 of
A
M
3-05-1901
9-21-1893
5-05-1896
6-13-1898
6-13-1898
6-13-1898
1
1
1 _
1
1
164
172
180
180
180
16251.15970
16927.00000
17696.00000
17696.00000
17696.00000
CA 385
CA385
CA385
CA385
CA385
.
JM Dodd Ditch - H
de & Beck Ent
war
s
C
dill
Lake Cr.
3.900
42.12 of
A
12-08-1903
5-01-1894
1
202
19509.16192
CA417
y
.
JM Dodd Ditch - H
de & Beck Enl
or
era
C
dill
Lake Creek
3.9
0.4566
A
12-8-1903
5-1-1894
1
202
19509.16192
CA 417
y
.
Townsend Ditch
or
era
B
C
Lake Creek
3.9
1.03887
A
12-8-1903
5-1-1894
1
202
19509.16192
CA 417
Townsend Ditch
eaver
r.
B
C
Beaver Cr.
1.670
1.670
A
12-05-1905
5-18-1888
1
204
20405.14018
CA438
eaver
r.
Beaver Cr.
2.500
2.500
A
12-05-1905
5-18-1888
1
204
20405.14018
CA438
Helton & Wiliamsen, P.C., 11/12/2004
Page 1
l.~
TABLE 2:
PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY
JUNIOR TO SHOSHONE AND SENIOR TO COLORADO RIVER COMPACT
Decreed
Structure Name
1)
Owner
Source
(2)
Amount,
cfs
3
Amount Owned, cis
4
Status
5)
Adjudication
Date
(6
Appropriation
Date
7
Original
Use
8
Priority
No.
(9)
Administration
No.
10)
Original
Case No.
11)
Willow Cr. Ditch _
Dutton Ditch _
Grace Park Ditch
Fleck Ditch
Grace Park Ditch 1st Enl.
June Creek Ditch _
Nottingham & Puder Ditch 1 st Eni.
Nottingham & Puder Ditch 1st Eni.
June Creek Ditch 1 st Enl. _
June Creek Ditch 1 st Enl.
Graham No
1 Ditch
Eagle Vail'
Edwards
Eagle-Vail'
Eagle-Vail'
Eagle-Vail'
Berry Cr._
Avon
_Avon
Berry Cr.
Berry Cr.
Ea
l
V
il'
Stone Cr.
Berry Cr.
Eagle R.
Beaver Cr.
Eagle R.
June Cr.
Eagle R.
Eagle R.
June Cr.
_ June Cr.
3.000
0.063
3.200
1.100
3.320
4.50
4.420
1.000
4.26
2.67
3.000
2.74 of
3.200
1.100
3.320
3.90
2.210
1.000
4.26
2.67
A
A
A
A
A
A
A
A
A
C
7-26-1909
6-26-1908
10-25-1909
6-04-1907
10-03-1936
10-25-1909
10-03-1936
10-03-1936
10-03-1936
10-03-1936
6-11-1886
5-01-1888
7-01-1888
4-10-1889
7-01-1889
7-15-1889
4-02-1890
4-02-1890
6-15-1890
6-15-1890
1
1
1
1
1
1
1
1
1
I
276
269A
278
207
375
282
377
377
379
379
21707.13311
20973.14001
21756.14062
20972.14345
30894.14427
21756.14441 _
30894.14702
30894.14702
30894.14776
30894.14776
CA430
CA487
CA527
CA446
CA963
CA526
CA963
CA963
CA963
CA963
.
Graham No. 2 Ditch _
Eagle Ditch
g
e-
a
Eagle-Vail'
Ea
le-V
il'
_ Eagle
Stone Cr r.
2.500
2.500
2.500
2.500
A
A
7-26-1909
7-26-1909
12-15-1890
12-15-1890
1
1
277a
276a
21707.14959
21707.14959
CA519
CA519
Eagle Ditch 1st Ent
g
a
Ea
l
V
il'
Eagle R.
2.500
2.500
A
7-26-1909
7-03-1896
_ 1
277
21707.16986
CA430
.
Creamery Ditch 1st Eni
g
e-
a
Ed
d
Eagle R.
E
7.524
7.524
A
10-03-1936
7-03-1897
1
382
30894.17351
CA963
.
Howard Ditch 1st Enl.
Howard Ditch 1st Enl
war
s
Berry Cr.
Ed
d
ast Lake Cr.
Eagle R.
13.160
11.92
38.43 of
0
A
A
10-03-1936
10-03-1936
5-05-1898
6-13-1899
1
1
385
385
30894.17657
30894.18061
CA983
CA963
.
Howard Ditch 1 st Enl. _
JM Dodd Ditch 2nd Eni.
Johnson & Howard Ditch
war
s
Edwards
Edwards
B
C
Eagle R.
-Eagle R.
Lake Cr.
11.920
11.920
6.200
19.12 of
13.5 of
0 of
A
A
Aband.
10-03-1936
10-03-1936
10-03-1936
6-13-1899
6-13-1899
5-01-1900
1
1
1
385
385
387
30894.18061
30894.18061
30894.18383
CA963
CA963
CA963
_
Hammer Ditch
Smith and Pallister Ditch
Nottingham & Puder Ditch (CAC No. 1
Nottingham & Puder Ditch (CAC No. 1)
C.A.C. No. 1 Ditch
eaver
r.
Beaver Cr.
Cordillera
Avon
Avon
Ea
le-Vail'
Beaver Cr.
Beaver Cr.
W. Lake Creek
-Eagle R.
Eagle R.
W
3.000
1.600
1.6
1.280
1.000
2.625
1.600
0.458
1.280 _
1.000
A
A
A
A
A
2-26-1910
1-12-1909
3-17-1919
10-03-1936
10-03-1936
5 14-1900
9-20-1900
7-10-1901
6-21-1902
6-21-1902
_ I
1
1
1
1
280
_ 274
340
393
393
21928.18396
21361.19164
24900.18818
30894.19164
30894.19164
CA536_
CA511
CA 706
CA963
CA963
Brett Ditch 2nd Enl.
g
Edwards
hiskey Cr.
L
2.130
2.130
A
10-03-1936
6-21-1902
1
393
30894.19164
CA963
Townsend Ditch 1 st Enl
B
C
ake Cr.
2.450
A
10-03-1936
6-10-1904
1
394
30894.19884
CA963
.
SB & AH Ditch
Howard Winslow Ditch 1st Enl
eaver
r
Beaver Cr.
C
B
Beaver Cr.
_ Beaver Cr.
3.844
6.000
3.844
2.625
A
A
10-03-1936
9-08-1913
5-18-1905
6-15-1905
I
1
396
314
30894.20226
23219.20254
CA963
CA602
.
Nottingham & Puder Ditch (CAC No. 2)
C.A.C. No. 2 Ditch
Howard Winslow Ditch 2nd Enl.
Wiltshire-Thomas Ditch
Hammer Ditch 1 st Enl
r.
erry
Avon
Eagle-Vail'
Be Cr.
Beaver Cr.
B
C
Be Cr.
Eagle R.
Whiskey Cr.
Berry Cr.
Beaver Cr.
0.04
5.000
1.400
4.39
2.600
0.04
5.000
1.400
4.39
2.600
A
A
A
A
A
8-04-1907
10-03-1936
10-03-1936
10-03-1936
1-12-1909
6-30-1905
7-30-1905
7-304905
6-30-1906
10-29-1908
1
I
I
1
1
252
399
399
401
275
20972.20269
30894.20299
30894.20299
30894.20634
21486.00000
CA446
CA963
CA963
CA963
CA511
.
Wiltshire-Thomas Ditch 1 st Eni
eaver
r.
B
C
Beaver Cr.
2.160
2.180
A
10-03-1936
8-01-1910
I
410
30894.22066
CA963
.
eaver
r.
Beaver Cr.
1.200
1.200
A
11-08-1915
6-30-1910
1
331
23898.22095
CA654
Helton & Willamsen, P.C., 11/12/2004
Page 1
TABLE 2:
PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY
JUNIOR TO SHOSHONE AND SENIOR TO COLORADO RIVER COMPACT
Structure Name
1
Owner
Source
2
Decreed
Amount,
cfs
3
Amount Owned, cfs
4
Status
5
Adjudication
Date
6
Appropriation
Date
7
Original
Use
8
Priority
No.
9)
Administration
No.
10
Original
Case No.
11
SB & AH Ditch 1 st Enl.
Beaver Cr.
Beaver Cr.
5.000
2.187
A
9-08-1913
10-17-1911
1
315
23219.22569
CA602
Metcalf Ditch 1st Ent.
Avon
_ Eagle R.
0.800
0.800
A
10-03-1936
4-01-1912
1
415
30894.22736
CA963
Metcalf Ditch 1st Eni.
Avon
Eagle R.
4.070
4.070
A
10-03-1936
4-01-1912
1
415
30894.22736
CA963
Wiltshire-Thomas Ditch 2nd Eni.
Beaver Cr.
Beaver Cr.
2.200
2.200
A
10-03-1936
10-29-1912
1
418
30894.22947
CA963
Johnson & Howard Ditch 1 st Enl.
Avon
Beaver Cr.
0.280
0.280
A
5-21-1920
5-20-1913
1
350
25672.23150
CA734
Johnson & Howard Ditch 2nd Eni.
Avon
Beaver Cr.
5.930
5.930
A
10-03-1936
5-20-1915
1
424
30894.23880
CA963
Graham Ditch, Second Eni.
Cordillera
Squaw Creek
1.0
1.0
A
6-26-1922
6-10-1916
1
354
26313.24267
CA 781
Graham No. 2 Ditch 1st Eni.
Willow Cr. Ditch 1st Eni.
Graham No. 1 Ditch 1st Eni.
Eagle-Vail'
Eagle-Vail'
Eagle-Vail'
Stone Cr.
Stone Cr.
Eagle R.
3.310
5.170
3.710
3.310
5.170
3.710
A
A
A
10-03-1936
10-03-1936
10-03-1936
6-01-1919
6-01-1919
12-15-1919
1
1
I
_428
437
440
30894.25353
30894.25353
30894.25550
CA963
CA963
CA963
SB & AH Ditch 2nd Enl.
Beaver Cr.
Beaver Cr.
5.320
2.327
A
10-03-1936
10-17-1920
1
446
30894.25857
CA963
Terrell & Ford Ditch 1 st Enl.
Mahone Ditch
Arrowhead
Eagle-Vail'
Ea le R.
Stone Cr.
10.910
2.760
147 of of cons. use
credits
2.760
A
A
10-03-1936
10-03-1936
6-10-1921
4-01-1927
1
1
449
469
30894.26093
30894.28214
CA963
CA963
'Ownership shared with Edwards and Cordillera.
Helton & Wiliamsen, P.C., 11/12/2004 Page 2
TABLE 3:
PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY
JUNIOR TO COLORADO RIVER COMPACT
D
d
ecree
Structure Name
Owner
Source
Amount,
cfs
Amount
Owned, cfs
Status
Adjudication Date
Appropriation
Date
Ori
inal Use
Priority
No
Administration
N
Original
(1)
(2)
(3)
(4)
(5)
(6)
(7)
g
(8)
.
(9)
o.
(10)
Case No.
(11)
Graham No. 1 Ditch 2nd Eni. -
Eagle-Vail'_
Eagle R.
8.590
8.590
A
2-07-1956
5-15-1930
1
498
31983
29354
CAI 128
Nottingham Domestic PL
Avon
Buck Cr.
1.000
1.000
C
12-31-1973
9-01-1933
M,D
.
44925
30559
W-2130
C.A.C. No. 3 Ditch
Eagle Vail'
'
Stone Cr.
0.250
0.250
A
1003-1938
11-24-1933
1
482
.
30894
30643
CA963
C.A.C. No. 3 Ditch
Eagle-Vail
Stone Cr.
6.150
6.150
A
10-03-1936
11-24-1933
1
482
.
30894
30643
CA963
Hammer Ditch 2nd Enl.
Beaver Cr.
Beaver Cr.
6.240
6.240
A
7-23-1958
7-31-1940
1
526
.
38753
33084
CA
Nottingham & Puder P&PL
.
I 193
-
Avon _
Eagle R.
13.580
4.235
A
7-23-1958
5-31-1941
1
527
38753
33388
CA1193
Metcalf Ditch 2nd Enl.
Avon
Eagle R.
9.130
9.130
A
7-23 1958
555-15-1942
I
528
.
38753
33737
CAI 193
Peterson Ditch
-
Edwards
Eagle R.
-
1.000
9.7 of
A
2-07-1956
5-06-1946
_
1
505
.
35189
00000
CA1128
Nottingham & Puder Ditch (GracePark)
Avon
Eagle R.
0.500
0.500
A
7-23-1958
-
4-30-1948
1
-
530
.
38753
35914
CAI 193
Grace Park Ditch 2nd Enl.
- Eagle-Vail'
Eagle R.
12.480
12.480
A
7-23-1958
4-30-1948
1
530
.
-
38753
35914
CA1193
Townsend Ditch 2nd Enl_
Beaver Cr.
Beaver Cr.
12.000
12.000
A
7-23-1958
5-31-1950
I
.
38753
36675
CAI 193
Terrell & Ford Ditch 2nd Enl.
Arrowhead
Eagle R.
6.200
0.000
A
2-07-1956
5-31-1951
1
511
.
37040
00000
CAI
2
Johnson & Howard Ditch 3rd Enl
A
.
1
8
.
von
_ Beaver Cr.
2.800
2.800
A
7-23-1958
5-31-1952
1
535
38753
37406
C
Eagle Ditch Nottin
ham Eni
E
l
V
il'
.
AI 193
g
.
ag
e-
a
Eagle R.
3.176
3.176
A
2-07-1956
6-01-1952
1
514
37407
00000
CAI 128
Hammer Ditch 3rd Ent. -
Beaver Cr.
Beaver Cr.
2.000
2.000
A
5-31-1972
12-01-1956
D,S
.
42420
39051
CA1529
Johnson & Howard Ditch 4th Enl.
Beaver Cr.
Beaver Cr.
2.000
2.000
A
5-31-1972
12-01-1956
D,S
.
42420
39051
CA1529
SB & AH Ditch 3rd Enl.
Beaver Cr.
Beaver Cr.
2.000
2.000
A
5-31-1972
12-01-1956
D'S
.
42420
39051
CA1529
Townsend Ditch 3rd Enl.__ _
Beaver Cr.
Beaver Cr.
2.000
2.000
A
5-31-1972
12-01-1956
D,S
.
42420
39051
CA1529
Wiltshire-Thomas Ditch 3rd Eni. _
Beaver Cr.
Beaver Cr.
2.000
2.000
A
5-31-1972
12-01-1956
D,S
_
.
42420
39051
CA1529
Silver Spring No. 1
_ Edwards
trib Eagle R.
0.044
0.044
A
12-31-1973
6-01-1965
M,D,S
-
.
44925
42155
W-1776
Silver Spring No. 2
Edwards
trib Eagle R.
0.044
0.044
A
12-31-1973
6-01-1965
M,D,S
-
.
44925
42155
W-1777
Williams Ditch
Edwards
Eagle R.
0.500
0.500
C
12-31-1976
4-15-1968
M,D,C,N
-
.
46020
43204
W-3134
Williams Ditch
Edwards
Eagle R.
0.500
0.500
A
12-31-1976
4-15-1968
1
-
.
46020
43204
W-3134
HA Nottingham & Sons W T & S
Avon
Beaver Cr.
3.000
1.000
A
12-31-1971
4-17-1971
M,D,1,0
.
44301.0000
W-327
Beaver Cr Municipal Diversion
VAI
Beaver Cr.
3.000
3.000
C
12-31-1971
11-26-1971
M,N,D,R
44524
00000
W-436
Townsend Municipal Pipeline
VAI
Beaver Cr.
3.000
_ 3.000
C
12-31-1971
11-26-1971
M,N,D,R
.
44524
00000
W 437
Peterson Spring
Edwards
trib Eagle R.
0.750
0.750
C
12-31-1974
7-04-1972
M,D,S
-
.
45290
44745
W-2322A
Eagle Pond
Stone Cr Reservoir & Dit
h
Eagle-Vail
Stone Cr.
5.19 ac-ft
5.19 ac-ft
A
12-31-1976
8.18.1972
I,R,P
.
46020.44790
W-3289
c
Stone Cr Reservoir & Ditch
_ Eagle-Vail
Eagle-Vail
Stone Cr.
Ston
C
3.000
1
3.000
A
12-31-1976
8-18-1972
1
46020.44790
VV-3289
_
Eagle-Vail Mun Water System
Eagle-Vail
e
r.
Stone Cr. & Eagle R
2.000
2
332
12.000
2
332
A
C
12-31-1976
8-18-1972
R,P
E
46020.44790
W-3289
.
.
.
12-31-1976
8 20-1972
M
,D,I,R,O
46020.44792
W-3289
Helton & Wtliamsen, P.C., 11/12/2004
Page 1
TABLE 3:
PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY
JUNIOR TO COLORADO RIVER COMPACT
D
d
Structure Name
(1)
Eagle-Vail Mun Water System
Owner
E
l
V
il
Source
(2)
ecree
Amount,
cfs
(3)
Amount
Owned, cfs
(4)
Status
(5)
Adjudication Date
(6)
Appropriation
Date
(7)
Original Use
(8)
Priority
No.
(9)
Administration
No.
(10)
Original
Case No.
(11)
Avon Metro Mun Water S
stem
ag
e-
a
A
Stone Cr. & Eagle R.
3.168
3.168
A
12-31-1976
8-20-1972
M,D,I,R,O
46020.44792
W-3289
y
Avon Metro Mun Water S
stem
von
A
Eagle R.
1.000
1.000
C
12-31-1977
8-31-1974
M,D,1,0
46386.45533
W-3666
y
South Forty Well
South Forty Well
von
Edwards
E
Eagle R.
Eagle R. alluv
4.000
0.648
4.000
0.848
A
C
12-31-1977
12-31-1976
8-31-1974
6-15-1976
M,D,1,0
M,D,I,C,N
-
46386.45533
46187.00000
W-3666
W-3136
Williams Reservoir -
Benchmark Lake (Nottingham Lake)
June Cr. Ranch Co. Well No. 1
June Cr. Ranch Co. Well No. 2
June Cr. Ranch Co. Well No. 2
June Cr. Ranch Co. Well No. 3-
June Cr. Ranch Co. Well No. _4
June Cr. Ranch Co. Well No. 5
_
June Cr. Ranch Co. Well No. 6
June Cr. Ranch Co. Well No. 6
June Creek Reservoir _
Tract E Reservoir (Charolais Res
dwards
Edwards.
Avon
Berry Cr.
Berry Cr.
- Berry Cr.
Berry Cr.
Berry Cr.
Berry Cr.
Berry Cr.
B
erry Cr.
__Berry Cr.
B
C
Eagle R. alluv
Eagle R.
Eagle R. & Buck Cr
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
-Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
_ Eagle R. alluv
Berry,June,Ea le
0.022
8.0 of
168.349 a
0.111
0.379
0.735
0.223
0.223
0.223
0.535
0.579
45 of
0.022
8.0 ac-ft
168.349 of
0.111
0.379
0.735
0.223
0.223
0.223
0.535
0.579
22.8 of
A
C
A
C
A
C
C
C
C
A
-
C
- A
12-31-1978
12-31-1976
12-31-1977
12-31-1978
12-31-1978
12-31-1978
12-31-1978
12-31-1978
12-31-1978
12-31-1978 _
12-31-1978 _
12-31-1978
6-15-1976
6-15-1976
6-01-1977
12-01-1978
12-01-1978
12-01-1978
12-01-1978
12-01-1978
12-01-1978
12-01-1978
1241-1978
12-01-1978
M,D,I,C,N
M,D,I,C,N
M,D,t,O
M,D,I,R,P,O
M,D,I,R,P,O
M,D,I,R,P,O
M,D,I,R,P,O
M,D,I,R,P,O
-
M,D,I,R,P,O
M,D,t,R,P,O
-
_ M,O,I,R,P,O
M,D,I,R,P,O
-
-
-
46187.00000
46187.00000
46538.00000
47086.00000
47086.00000
47086.00000
47086.00000
47086.00000
47086.00000
47086.00000
47086.00000
-47086.00000
W-3136
W-3135
W-3582
W-3999
W-3999
W-3999
W-3999
W-3999
-
W-3999
W-3999--
_ W-3999
W-3999
Arrowhead Ea
le R
D&PL
erry
r.
Berry,June,Eagle
15.5 of
0
A
12-31-1978
12-01-1978
R,A _
47086.00000
W-3999
g
.
_
Arrowhead McCoy Cr_D_&PL
Arrowhead Reservoir
Creamery Ditch Homestead Res. Enl
Homestead Reservoir
Arrowhead
Arrowhead
Arrowhead
Edwards
Eagle R.
McCoy Cr.
McCoy Cr.
_ E. Fk Lake Cr.
5.000
5.000
500 of
5.000
0.000
0.000
30 of
0.000
C
C
C
C
12-31-1979
12-31-1979
12-31-1979
12-31-1981
12-28-1979
12-28-1979
12-28-1979
12-31-1979
M,D,I,F,R
M,D,I,F,R
M,D,I,F,R
M,R,P,O
-
47478.00000
47478.00000
47478.00000
47847.47841
79CW360
79CW360
79CW360
81CW265
Avon Metro Mun Water System 1st Enl
Arrowhead Well No. 1
Arrowhead Well No. 2
Arrowhead Well No. 3_ _
Arrowhead Well No. 4
Edwards Village Well No. 1
Edwards Village Well No. 2 -
Edwards Village Well No. 3
Edwards Ville Well No. 4
Edwards Village Well No. 5
Edwards
-Avon
Arrowhead
Arrowhead
Arrowhead
Arrowhead
Edwards
Edwards
Edwards
Edwards
Edwards
E. Fk Lake Cr.
Eagle R.
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
Eagle R. alluv
Eagle R. atiuv
Eagle R. alluv
20 ac-ft
5.000
0.557
0.557
0.557
0.557
0.111
0.111
0.111
0.111
0.111
0.000
5.000
0.312
0.312
0.312
0.312
0.111
0.111
0.111
0.111
0.111
C
C
C
__C
C
C
C
C
C
C
C
12-31-1981
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1980
12-31-1979
3-04-1980
5-13-1980
5-13-1980
5-13-1980
5-13-1980
12-18-1980
12-18-1980
12-18-1980
12-18-1980
12-18 1980
M,R,O,P
M,D,1,0
M,D,I,F,R
M,D,I,F,R
M,D,I,F,R
M,D,I,F,R
M,C,D,I,R,O
M,C,D,I,R,O
M,C,D,I,R,O
M,C,D,I,R,O
M,C,D,I,R,O
-
-
-
-
-
47847.47481
47545.00000
47615.00000
47615.00000
47615.00000
47615.00000
47834.00000
47834.00000
47834.00000
47834.00000
47834.00000
81CW268
84CW225
80CW397
80CW397
80CW397
80CW397
80CW550
80CW550
80CW550
80CW550
80CW550
Helton & Wiliamsen, P.C., 1111212004
Page 2
TABLE 3:
PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY
JUNIOR TO COLORADO RIVER COMPACT
D
d
ecree
Structure Name
(1)
Edwards Village Well No
6
Owner
Edwards
Source
2)
E l
Amount,
cfs
(3)
Amount
Owned, ofs
(4)
Status
(5
Adjudication Date
(6)
Appropriation
Date
7)
Original Use
(8
pPrniornity
Administration
No.
10)
Original
Case No.
(11)
.
Edwards Mun Diversion Pipeline
Ed
d
e R. allw
0.111
0.111
C
12-31-1980
12-18-1980
M,C,D,I,R,O
47834.00000
80CW550
Edwards Village Pond No. 1
Edwards Village Pond No. 2
Edwards Village Pond No. 3
Edwards Village Pond No
4
war
s
Edwards
Edwards
Edwards
Ed
d
Lake Cr. alluv
Eagle R.
Eagle R.
_ Ea le R.
0.891
2.4 ac-ft
1.7 ac-ftf
0.7 ac-ft
0.891
1.8 ac-ft
1.2 ac-ft
0.5 ac-ft
C
C
C
C
12-31-1981
12-31-1981
12-31-1981
12-31-1981
2-10-1981
2-10-1981
2-10-1981
2-10-1981
-
M,C,D,I,R,O
M,C,N.D,I,R,
M,C,N.D,I,R,
M,C,N.D,I,R,
-
47888.00000
47888.00000
47888.00000
47888.00000
81CW61
81CW61
81CW61
81CW61
.
Edwards Village Pond No. 5 -
Edwards Water Dist Well No
2
war
s
-Edwards
Ed
_ Eagle R.
_ Eagle R.
0.7 ac-ft
0.5 ac-ft
0.5 ac-ft
0.4 ac-ft
C
C
12-31-1981
12-31-1981
-
10-1981
2-10-1981
M,C,N.D,I,R,
M,C,N.D,I,R,
-
-
47888.00000
47888.00000
81CW61
81CW61
.
Edwards Water Dist Well No
3
wards
Ed
Eagle R. alive
E
0.440
0.440
C
12-31-1981
6 11-1981
M,D,I,C,N,O
-
48009.00000
81CW161
.
Squaw Cr. Rec. Reservoir 8
Squaw Cr. Rec. Reservoir 7
Squaw Cr. Rec. Reservoir 8
Cordillera Reservoir 1
Cordillera Reservoir 2 -
Cordillera Reservoir 3
Cordillera Reservoir 4
Cordillera Reservoir 5
Cordillera Reservoir 6
SCR Diversion Pt. No. 1
Eagle River Div. Pt. 2 _
Eagle River Div
Pt
3
wards
Cordillera
Cordillera
Cordillera
_ Cordillera
Cordillera
Cordillera
Cordillera
Cordillera
Cordillera
Cordillera
-
Cordillera
_
agle R. allw
Crib. of Squaw Cr.
trib. of Squaw Cr.
trib. of Squaw Cr.
trib. of Squaw Cr.
trib. of Squaw Cr.
trib. of Squaw Cr.
W. Lake Creek
Squaw Creek
0.440
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
5.0
5.0
0.440
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
10 ac-ft
5.0
5.0
C
C
C
C
C
C
C
C
C
C
C
C
12-31-1981
8-18-1987
8-18-1987
8-18-1987
7-22-1988
7-22-1988
7-22-1988
7-22-1988
7-22-1988
7-22-1988
10-11-1990
1-3 1992
8 11-1981
11-30-1985 _
11-30-1985
11-30-1985
11-19 1987
11-19-1987
11-19-1987
11-19-1987
11-19-1987
11-19-1987_
5-5-1989
4 28-1990
M,D,I,C,N,O
`
`
-
-
-
-
-
-
48009.00000
N/A _
N/A
N/A
N/A
N/A
N/A
N/A
N/A _
N/A
N/A
N/A_
81CW761
86CW153
86CW153
86CW153
87CW309
87CW309
87CW309
87CW309
87CW309
87CW309
89CW218
91CW076
.
.
_
SCR Div. Pt. No. 7 _
Cordillera
Cordillera
Squaw Creek
Squaw Creek
5.0
5.0
5.0
5.0
C
C
T3-1992
1-3-1992
4-26-1990
4-26-1990
-
-
N/A
N/A
91CW076
91CW076
250 gpm
Fenno Well Nos. 1 - 7
Cordillera
trib. of Squaw Cr.
450 m
450 gpm
Abs, 200
pm Cond
1-3-1992
426-1990
-
N/A 1
91CW0771
'Ownership shared with Edwards and Cordillera.
Helton & Wliamsen, P.C., 11/12/2004
;0 Page 3
Attachment 7a
A 171 ELY C.t1A11, A
but we will watch it carefully,''
he said,
Steele said quake activity at
Rainier has increased over note
mal levels in recent weeks. Five
quakes greater than magnitude
2.0 were recorded Oct. 25-31, he
said.
But Mount Rainier calmed
down Monday and has been
'blessedly quiet` smce, he said.
Scientists are watching for
continuing earthquakes new tlhe
volcano's surface and a particu-
lar type of seismic activity that
STATE &"' ION
Temb 0,
lor shakes Mount Puuir
by bin Van Bronktrorst
?Irrortiarnd Prra
SY;ATIM - Mount Rainier
1 shook with a 3,2magnihtde
earthquake under the volcanic
crater, but scientists said Taes-
day that the quake is not related
to activity at Mount St Helens
and does not signal an eruption
soon.
The small quake at 1123 a.m.
Sunday was centered one mile
below the surksce of Rainier's
volcanic crater, said BID Steele,
coordinator of the Pacific NorUr
west Seismograph Network at
the University of Washington.
"Directly under the volcano,
that's a significant size," We)e
said. One other 8.2magnitude
quake has been recorded at the
mountain in the past 30 years,
on Feb. 19, 2002,
Sunday's quake occurred
within a cluster of 17 to 18 shal-
low temblors, most of which oo•
cun-ed over several bows, he
said.
'Z7iis doesn't mean there's an
increased chance of entpdon,
results fi- mn fluid moviTag
through r+ocke. 'hose clues
mAh' mud an eruption, Ste de
said.
"Mount Rainier has been q4
et for a long time and it would
bake a lot of pounding away from
magma (rooits way up toward the munj tit,"
lie said
Mount Rainier, v4A& laas
been volcanically active for ba
tween a mr'lion and a half years,
last erupted about 150 years ago
and scientists say its Maly to
erupt again at some point
E*Pert: Western drought
Anociatad Parr
I)L-NVER -'A government
climate remarchcr is predicting
r Western
drought could linger for &Everal
more years and more frequent
droughts are likely,
"7t could continue for sever-ad
more yew, and ies some) ibw
we need to be aware 4" Grego-
17 McCabe of the U,S. Geologi-
cal Survey said, '7 think people
"Thus the scary part."
should be on their guard.-
Drought in the West often is
linked to periods when the
northern Atlantic Ocean is
warmer, Than normA periods
that tend to last nine to 23 years,
McCabe said.
711e northern Atlantic
switched into a warn. phsge nine
years ago, wd it showy no sWns
of fadiw, McCabe said Monday
at the amiual meeting of tho
SECTION • A
may linger
Geological Society of America,
Colorado River flows at Lee's
Ferry were lower between 2000
and 2004 than in any other five-
year period since record keep.
ing began in 1931, McCabe said.
Ire's Ferry is near the Arizona-
Utah litre downstrearrn from Glen
Canyon barn, which canted
Lake Powell.
At the end of September, Lake
Powell was at 38 percent capaei-
ty and still falling. It hasn't been
this low since 1974 w1m the
lake was first fiIling. McCabe
said tree ring studies Show the
2Ut11 century was unusualy wet
in the upper Colorado River Ba.
sin.
"Maybe the 20ib cenhay was
the anomaly and this drought
isn't the anomaly," Mcc be sai&
ot
CONFIDENTIAL MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORGANIZATION OF NEW COUNCIL
DATE: November 17, 2004
The purpose of this memorandum is to outline the procedure for election of a
mayor and mayor pro tem at the organizational meeting on November 23. As you know,
organization of the new council has been deferred from its usual time, within seven days after the
election, to November 23. My interpretation of the Charter has for two elections now been that
"seven (7) days after each municipal election" has to mean seven days after certification of
election results.
As appears from the meeting agenda, the organizational meeting will not occur
until the evening, while a work session is scheduled in the afternoon. Until the new council is
organized, Buz and Mac will remain in office as mayor and mayor pro tem. I anticipate that Buz
will not be present, and Mac in that case should preside over the work session.
By Section 4.3 of the Town's Charter, the mayor and mayor pro tem are elected
by majority vote at the organizational meeting, after new council members have taken office.
Therefore, after the new members are sworn, it will be necessary to elect a temporary chairman.
The temporary chairman next will call for nominations for the office of mayor. If prior practice
is followed and if more than one person is nominated, Patty will distribute ballots, which council
members will mark and return to Patty. She will count them, and I will observe. If only one
person is nominated, anyone can move to close nominations and cast a unanimous ballot for that
person.
The practice of secret balloting arguably may conflict with the Colorado Open
Meetings Law, which requires that all meetings be open to the public. As a technical matter, a
"secret" ballot may not qualify as "open." On the other hand, Section 5.5 of the Charter permits
the council to adopt its own rules, which provides some flexibility. It is my recommendation that
the traditional practice of secret balloting be followed. If a council member wishes to proceed by
roll call, a motion to that effect would be in order.
Once the mayor is elected, he or she will preside over the remainder of the
organizational meeting. Again, nominations for mayor pro tem should be called for and ballots
distributed if more than one person is nominated. The mayor pro tem is elected by majority vote
of council members present. However, the mayor may vote only in case of a tie. I have
suggested to Patty that, when she hands out the ballots, she not give one to the mayor.
JWD:ipse
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo
Jacquie Halburnt, Asst. Town Manager
Date: November 15, 2004
Re: Presentation of History of Confluence Annexation and Development Agreements
Summa
nr.
On Tuesday, as a refresher for Council members, staff will have a PowerPoint presentation
regarding the recent history of the annexation of the Confluence and the resulting
development agreements with the Confluence, Lot C and Lot B. We will review the dual
district structure and existing financing plan, the exactions as they exist today and the rebate
provisions in both the original and amended development agreements.
Town Manager Comments:
Attachments:
Flow Chart of Confluence History
Confluence, Avon Station, and Mountain Vista Metro District Boundaries
Development Standards from Confluence and Lot C PUD Revised Submittals
Page 1
Confluence History
Confluence Annexed Into Town - 8/25/98
Development Agreement -10/27/98
Confluence
Lot C
Lot B
Vistana Buys Lot C -1999
Petition for Exclusion -1/17/00
Exactions and Regional Improvements:
Pedestrian Overpass
15,000 Sq. Ft. Conference Center
Affordable Housing
$160K Fee for Fire Station
Easement for "at grade" RR Crossing
Water and Water Rights
Construction & Maintenance of Mall
Amendment 02/22100
Lot C Separated from Vail Resorts
$1.5 Million Limit on RETT Rebate
Must Build Hotel by 06/01/07
15 Yr Limit on 75% Sales Tax Rebate
Beginning 6/1/06
Recreation Amenities Fee Added
PUD Development Plan
Formation of New District for Lot C - 5/17/00
Mountain Vista Metro
IGA for Cost-Sharing 02/23/01
Avon Station Metro
Confluence Metro
25 Mills for Improvements
20 Mills for Convention Center
Rebate Agreement
For Parking Improvements
75% Sales and Lodging Taxes
On Room Rentals
50% 1 st Time RETT
PUD Zoning
Development Standards
Property Rights Vested
Service Plan -09/22/98
Dual District Structure
Financinq Plan
Confluence Metro I Avon Station Metro
Service District Funding and Tax Base
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SECTION TT: Zoning Review: Title 17
I DEVELOPMENT STANDARDS:
Confluence PUD Revised Submittal No.3
October 27, 1998
A. Intention:
This development is intended to complement the adjacent town center developments, future
developments and expansions and to provide a variety of uses on the Confluence such as lodges,
commercial establishments and offices in a predominantly pedestrian environment. 't'hese
development standards are intended to provide a development which distinguishes this development
from other areas within the Town.
B. Allowed Uses:
The following uses shall be permitted in this Confluence development and those designated with a
¦ shall also be allowed at plaza / ground level, those uses not designated with a ¦ shall not be
permitted at plaza / ground level. Commercial uses designated with a O shall be permitted to a
maximum of 40,000 SF GLFA:
1. ¦ O Retail Stores;
2. ¦ O Specialty Shops;
3. ¦ O Restaurants, excluding drive-through windows;
4. ¦ O Cocktail Lounges;
5. ¦ O Personal service shops;
6. 0 O Professional offices;
7. ¦ Hotels;
8. ¦ Lodges;
9. Apartments;
10. Condominiums;
11. ¦ Indoor recreation
12. ¦ O Financial Institutions;
13. Bed and breakfast lodge;
14. Time-share, interval ownership, and fractional fee ownership projects;
15. ¦ Intercept / day-skier parking;
16. ¦ O Entertainment Facilities
17. ¦ Additional uses determined to be similar to allowed uses in accordance with the intern of
this zone district, to be approved by the zoning admuininistrator.
C. Special Review Uses:
1. Public Transportation facilities;
2. Public parking facilities except for intercept / day-skier parking provided at initial development
phase.
3. Theatres;
4. Conference / Convention Facilities;
5. Aboveground public utility installations;
6. Churches;
7. Drive-through windows.
Confluence PUD Revised Submitta] Yo.3
October 27, 1998
Page 2 of 2
D. Development Standards:
1. Lot Area: 18.886 Acres [Not to be affected by future condominium and/or
subdivision platting)
2. Building Height: No building or portion thereof may extend above a plane 10 feet
below that projected horizontally fxOm the top of the Avon Center
Building, and in no case shall any building be taller than 120 feet,
measuring said height as defined in Title 17 of the Avon Municipal
Code. Specific buildings will provide for appropriate view corridors
from town core areas.
3. Building Setbacks: See Building Setback Diagram - Exhibit N (Revised I0/9/98)
A. Riverfront: Seventy Five Fett [75'] from the mean annual high water mark. If the
100 year flood plain or identified wetlands exceed the 75' setback
those exceptions will constitute the designated setback.
B. Side [East]: Twenty Feet [20']
C. Rear [North]: Ten Feet [10']
Zero Feet [0'] for structures pertaining to transportation systems and /
or buildings or pedestrian linkages. Non-habitable porte-cochere, low
level roof structures covering open air pedestrian ways and awnings
relating to commercial uses may encroach into setback.
4. Maximum Site Coverage: Seventy per cent [70%]
5. Maximum Density: 456 Dwelling Units which equates to 30 Dwelling Units per acre
of buildable area.
(3 hotel rooms or Accommodation Units = I Dwelling Unit)
6. Parking:
A. Commercial:
Five spaces per thousand square feet gross leasable floor area [GL1~A] applied to a full range
of commercial uses [allowed in `Town Center' zoning such as retail, restaurant, and i or
office] excluding parking requirements for incidental guest oriented commercial uses within
hotels.
B. Residential/Lodging:
1. Hotel: 1.0 parking space per room
(Including parking requirements for incidental guest oriented commercial uses within
hotel)
2. Timeshare / Interval Ownership Units: 0.6 parking spaces per bedroom.
3. Dwelling Unit: 2.0 parking spaces per unit up to
two [2] bedrooms plus,
0.5 parking spaces per additional bedroom.
4. Deed Restricted Employee Housing: 0.5 parking spaces per bedroom
C. No additional guest spaces shall be required. All surface and below grade parkin spaces
shall be counted toward meeting these requirements.
Lot C )PUD Revised Submittal
October 27, 1998
SECTION H: Zoning Review: Title 17
I DEVELOPMENT STANDARDS:
A. Intention:
This development is intended to complement the surrounding town center developments, future
developments and expansions and to provide a variety of uses on Lot C such as lodges, commercial
establishments and offices in a predominantly pedestrian environment. These development
standards are intended to provide a development which distinguishes this development from other
zone districts within the Town.
B. Allowed Uses:
The following uses shall be permitted in this Lot C development and those designated with a ¦
shall also be allowed at plaza / ground level, those uses not designated with a ¦ shall not be
permitted at plaza / ground level:
1. ¦ Retail Stores;
2. ¦ Specialty Shops;
3. ¦ Restaurants, excluding drive-through windows;
4. ¦ Cocktail Lounges;
5. ¦ Personal service shops;
6. ¦ Professional offices;
7. 4 Hotels;
8. ¦ Lodges;
9. Apartments;
10. Condominiums;
11. ¦ Indoor recreation and/or entertainment facilities;
12. ¦ Financial Institutions;
13. Bed and breakfast lodge;
14. Time-share, interval ownership, and fractional fee ownership projects; and,
15. ¦ Additional uses determined to be similar to allowed uses in accordance with the intent of
this zone district, to be approved by the zoning administrator.
C. Special Review Uses:
1. Public Transportation facilities;
2. Public parking facilities;
3. Theatres;
4. Conference / Convention Facilities;
5. Churches;
5. Aboveground public utility installations; and,
6. Drive-through windows.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk I%N1
Date: November 16, 2004
Re: Work Session - School Site at the Village at Avon
Summary: Karen Strakbein, the Assistant Superintendent of Business Services with the Eagle
County School District will address the Council with regards to a discussion about what the Town's
position is regarding the potential school sites for the Village. A community meeting scheduled by
the Eagle County Schools Board of Education will be held on November 17th. The local citizens
have been invited to attend to discuss the location of the Village at Avon school site.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann - Community Development
Date November 17, 2004
Re: Comprehensive Plan Update
Summary:
At the last Comprehensive Plan Steering Committee meeting on November 15th, members
broke into small sub-committees to discuss several of the public comments they had
received. At the end of the meeting, the committee had expressed some concern that the
goals and policies needed further revisions. Because of this, the Committee felt that at least
two more Steering Committee meetings were necessary prior to holding an Open House.
Therefore, the next scheduled Steering Committee meeting will be held December 2nd, and
the originally scheduled Open House (December 6t') has been postponed to a future date to
be determined by the Committee.
Town Manager Comments:
Comprehensive Plan Update Page 1 of 1
November 23, 2004
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: November 17, 2004
Re: Wildridge Public Meeting - Traffic Calming & Pedestrian Circulation
Wildridge Park Improvements
Summary: A Public Meeting is scheduled from 5:30 PM to 7:30 PM, Thursday
November 18 at the Wildridge Fire Station to present a summary of comments received at the
previous October 14 Public Meeting. The intent of this meeting is to prioritize potential
improvements related to both Traffic Calming & Pedestrian Circulation and Park
Improvements. We will be presenting some suggested improvements that we believe will
address some of the comments and concerns expressed in the previous meeting. We will also
solicit ideas and suggestions that may also be viable in addressing the same. The feedback
and information received at this meeting will be utilized to develop an improvement program
using budgeted funds to address the expressed concerns and comments in the most effective
manner possible. We will be prepared to present the recommended improvement program for
both the Park and Traffic Calming & Pedestrian Circulation to the Council and Public at the
January 25, 2005 Council meeting.
Currently budgeted funds are:
Wildridge Park Improvements and Playground $ 150,000
Wildridge Traffic Calming & Pedestrian Circulation $ 155,000
A Summary of Comments and Input received at the October 14 meeting is attached.
Town Manager Comments:
L\Engineering\CfP\Wildndge Park -Tract D\LO AdministrationAA Public Relations\Memo Council Update- I.Doc
WILDRIDGE PUBLIC MEETING
October 14, 2004
INPUT & COMMENT SUMMARY
Wildridge Pocket Park
No Pedestrian Access to Park
Separate Infants & Older Kids Equipment (Example: Betty Ford Park)
Trail from Draw Spur to Park
Play Equipment
Develop Lower Section with Equipment
Seesaw & Adult Swings
Small Climbing Walls - Part of Equipment
Towers / Houses
Separate Equipment by Age Sections
Picnic Table Should have Shade
Picnic Shelter
Better Landscaping - More shade Trees Near Picnic Tables
Horseshoe Pit
Play Equipment Like Ford Park
More Landscaping in Park
More Trailhead Parking
Better Signage for June Creek Trailhead Access Parking
Park Equipment
Equipment - Creative Things / Not so Ordinary, i.e. Climbing Wall
Vacant Lot Just Sitting There / Dirt Just Dumped There - Needs Improvements
Play Equipment on Upper Level
Increase Parking Area at Trailheads
Playground Equipment on Upper Level - Dog Park on Lower Level
Development on Lower Level May Pose Safety Issues, i.e. Visibility
Picnic Shelter in Lower Area
More Convenient Entrance to Park from Parking Lot
More Parks in Upper Wildridge
L'Engineering\CIP\Wildridge Park- Tract D\1.0 Administration\14 Public Relations\Comments Summary-1 101404. Doe
Traffic & Pedestrian Circulation
Trail From Draw Spur to Park
Trail System in Lower Wildridge
Need Stroller Lane - Widened Lane
No Speed Bumps
Speeding is Large Issue
Widen Road - Bike & Stroller Usage
Wildridge Road Needs Walk/Pedestrian/Bikeway
Educate Pedestrians, i.e. Walk Against Traffic
Walk Dog on Ditch Side
Streetscape Light at Intersection of Old Trail Road & Wildridge Road
Sidewalks - Meaning Widened Roadways
Use of Speed Bumps - Fire Station to Bear Trap Road
Mini Roundabout for Speed Control
More Police Enforcement
Trail Access to Lower R/W or Parcels
Bike Lane/Shoulder Section Up to the Park
Prefer Wildridge Road Improvements Before Trail System
Reduce Pedestrian Traffic Between Old Trail/ Bear Trap roads& Wildridge Road
Walk Circle on Wildridge Road West to Wildridge Road East
Hard or Soft Surface Paths
Reflectors or Flashing Light on Wildridge Road Speed Limit Sign
No Permanent Trail Between Lots From Draw Spur to Saddle Ridge Loop
Signage - No Public Access Across Private Property
Increase Width of Shoulders on Metcalf Road
Trail System to Link Wildridge Road With Nottingham Road
Signage for Trail system to Discourage Trespassing Through Private Property
Sidewalks - Biking/Walking
Mirror at Metcalf Road & Lot 18/19 Access is to Small
Install Landscape Stairs From Saddle Ridge Loop to Access Trail on USFS Land
Speed Bumps Please
Trail System - Well Constructed & Control Weeds
Widen Metcalf Road 4 Feet - Need Master Plan
]:AEngineering\CIP\Wildridge Park- Tract D\1.0 Administration\1.4 Public Relations\Comments Summary-1 101404.Doc 2
Maintenance Issues:
Mutt Mitts in Neighborhood
Fire Station Park - Wood Needs Treatment/Want Adult Swings
May Cleanup Day Greatly Needed
BI-Annual Cleanup
Reflectors or Flashing Light at Speed Limit Sign on Wildridge Road
Cleanup Corner of Wildridge Road & Bear Trap Road
Mirror at Metcalf Road & Lot 18/19 Access is to Small
Community Maintenance of Trails
Better Landscaping - More shade Trees Near Picnic Tables
Education & Enforcement:
To Many Dogs Not on Leash
Dog Catcher Not Present
Dog Feces Present On Side of Road & Park
Speeding is Large Issue
Educate Pedestrians - Walk Against Traffic
Walk Dog on Ditch Side
More Police Enforcement
Leash Law Not Enforced
People Don't Attend to Dogs
Dog Education
Community Action / Homeowners Group
May Cleanup Day Greatly Needed
Neighborhood Get Togethers
BI-Annual Cleanup
Community Day Was Good Idea
Increase Signage - No Public Access Across Private Property
Signage for Trail System to Discourage Passing Through Private Property
Community Maintenance of Trails
Dog Feces Present On Side of Road & Park
Establish Homeowners Group
l:AEngineering\CIP\Wildridge Park -Tract D\1.0 Administration\1.4 Public Relations\Comments Summary-1 101404. Doc 3
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
NOVEMBER 23, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
1. Opening Ceremonies
a. Reading of the List of Newly Elected Council Members (Patty McKenny)
b. Swearing in of Newly Elected Council Members (Judge Buck Allen)
c. Council Members to Take Temporary Seating
2. Elect a Temporary Chairman
3. Call to Order / Roll Call
4. Elect Mayor and Mayor Pro Tern
5. Citizen Input
6. Resolutions
a. Resolution 04-38, Series of 2004, Reappointing C.G. Allen, III as Municipal Judge
(John Dunn)
b. Resolution No. 04-44, Series of 2004, A Resolution in Appreciation of Albert D.
Reynolds
c. Resolution No. 04-45, Series of 2004, A Resolution in Appreciation of Michael Brown
d. Resolution No. 04-46, Series of 2004, A Resolution in Appreciation of Peter Buckley
7. Ordinances
a. Ordinance No. 04-20, Series of 2004, First Reading, An Ordinance Providing ofr the
Amendment of Ordinance No. 98-6, Amending the Chateau St. Claire PUD
Development Plan and Development Standards, Lot 1 and 2, Chateau St. Claire
Subdivision, Town of Avon, Eagle County, Colorado (Eric Heidemann) - A proposal
to the PUD to remove the 6 deed restricted housing units as required by Ordinance
98-6 to be replaced by 3 fractional ownership units.
8. New Business
a. Appeal of Carwash Building Permit Extension, Steve Grow, Lot 30, Block 1,
Benchmark at Beaver Creek Subdivision, 710 Nottingham Road
10. Other Business
11. Unfinished Business
12. Town Manager Report
13. Town Attorney Report
14. Mayor Report
15. Consent Agenda
a. Minutes from November 9, 2004 Meeting
16. Adjournment
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: November 18, 2004
Re: Resolution reappointing Municipal Judge Buck Allen
Summary:
The Resolution appointing the Municipal Judge complies with the Avon Charter, Chapter 10 Section
2. - "The Council may reappoint the municipal judge for a subsequent term of office which expires
on the date of the organizational meeting of the Council after the next general election." The Charter
reads that the appointment by the Council is for a specified term of not less than two years.
TOWN OF AVON, COLORADO
RESOLUTION 04-38
SERIES OF 2004
A RESOLUTION REAPPOINTING C.G. ALLEN, III AS MUNICIPAL
JUDGE
WHEREAS, C.G. ("Buck") Allen, III was heretofore appointed Municipal Judge of
the Town of Avon; and
WHEREAS, the aforesaid C.G. Allen, III has served as judge to the satisfaction of
the Town Council and it is the desire of the Council that he be reappointed.
NOW, THEREFORE, BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby
reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the
organizational meeting of the Town Council after the general election to be held in 2006.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the
23rd day of November 2004.
Mayor
ATTEST:
Town Clerk
Memo
To: Honorable Mayor and Town Cou cil
Thru: Larry Brooks, Town Manager
From: Patty McKennY, Town Clerk
Date: November 18, 2004
Re: Resolutions for Outgoing Members
Summary:
There are three resolutions in appreciation of outgoing Council members, Buz Reynolds, Michael
Brown and Peter Buckley.
TOWN OF AVON
RESOLUTION NO. 04-44
SERIES OF 2004
A RESOLUTION IN APPRECIATION OF ALBERT D. (BUZ) REYNOLDS, JR.
WHEREAS, Albert D. Reynolds, Jr. subscribed to the oath of the office in various
positions for the Town of Avon; having served as Planning & Zoning Commission member
from1983 until 1996, and then elected to serve as Council Member from 1996 until 2000 and
then Mayor Pro Tern from 2000 until 2004 and finally Mayor of Avon until November 2004; and
WHEREAS, Albert D. Reynolds, Jr. has abided by his oath and has served the Town
well through his many hours attending work session, regular meetings, town functions, and
special events over a period of 20 years; and
WHEREAS, Albert D. Reynolds, Jr., was succeeded in the office on the 23rd day of
November, 2004; and
WHEREAS, Albert D. Reynolds, Jr.'s commitment to the Town is reflected by his
participation in various boards and activities in the Vail Valley over the last 20 years, such as the
Upper Eagle Regional Water Authority, valley wide soccer and ski programs, which are
essential to the vitality of this community; and
WHEREAS, Albert D. Reynolds, Jr. selflessly served the public in an elected position
and will always be welcome in the Town of Avon; and
WHEREAS, Albert D. Reynolds, Jr.'s presence and contributions to the Council and his
input and direction provided on behalf of the citizens of Avon will be missed.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
as follows:
1. The sincere thanks of the Council and the residents of the Town of Avon are extended to
Albert D. (Buz) Reynolds, Jr. for his many, many years of service to the Town of Avon.
ADOPTED THIS 23rd DAY OF NOVEMBER 2004.
TOWN COUNCIL, AVON, COLORADO
Mayor
ATTEST:
Town Clerk
TOWN OF AVON
RESOLUTION NO. 04-45
SERIES OF 2004
A RESOLUTION IN APPRECIATION OF MICHAEL BROWN
WHEREAS, Michael Brown subscribed to the oath of the office of Council Member of the
Town of Avon June of 2003; and
WHEREAS, Michael Brown has abided by his oath and has served the Town well
through his many hours attending work session, regular meetings, town functions, and special
events; and
WHEREAS, Michael Brown, was succeeded in the office on the 23`d day of November,
2004; and
WHEREAS, Michael Brown's commitment to the Town were reflected by his participation
in various committees active in the Vail Valley, such as the Vail Valley Chamber & Tourism
Bureau, Channel 5 Board of Directors, the Avon Library District, and
WHEREAS, Michael Brown's presence and contributions to the Council and his input
and direction provided on behalf of the citizens of Avon will be missed.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, as follows:
1. The sincere thanks of the Council and the residents of the Town of Avon are
extended to Michael Brown for his years of service to the Town of Avon.
ADOPTED THIS 23rd DAY OF NOVEMBER 2004.
TOWN COUNCIL, AVON, COLORADO
Mayor
ATTEST:
Town Clerk
TOWN OF AVON
RESOLUTION NO. 04-47
SERIES OF 2004
A RESOLUTION IN APPRECIATION OF PETER BUCKLEY
WHEREAS, Peter Buckley subscribed to the oath of the office of Council Member of the
Town of Avon in November 2000; and
WHEREAS, Peter Buckley has abided by his oath and has served the Town well through
his many hours attending work session, regular meetings, town functions, and special events;
and
WHEREAS, Peter Buckley, was succeeded in the office on the 23rd day of November,
2004; and
WHEREAS, Peter Buckley's commitment to the Town were reflected by his participation
in various sub committees of the Town of Avon, especially in the area of marketing; and
WHEREAS, Peter Buckley's presence and contributions to the Council and his input and
direction provided on behalf of the citizens of Avon will be missed.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, as follows:
1. The sincere thanks of the Council and the residents of the Town of Avon are
extended to Peter Buckley for his years of service to the Town of Avon.
ADOPTED THIS 23rd DAY OF NOVEMBER 2004.
TOWN COUNCIL, AVON, COLORADO
Mayor
ATTEST:
Town Clerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Director of Community Development
Eric Heidemann, Senior Planner
Date November 17, 2004
Re: First Reading of Ordinance 04-20, An Ordinance Amending Lot 1 and 2
Chateau St. Claire PUD
Summary
The applicant, Parkhill-lvins Architects, representing the owners of the Chateau St. Claire
PUD (also known as the Gates on Beaver Creek) is proposing an amendment to the
Chateau St. Claire PUD (Ordinance No. 98-6). The proposed amendments to the PUD
includes the removal of the 6 deed restricted housing units as required by Ordinance 98-6 to
be replaced by 3 fractional ownership units. Furthermore, the applicant agrees to enter into
a development agreement with the Town which will include: (1) payment of an in-lieu fee
(impact fee) of $100,000 to the Town of Avon's Affordable Housing Program; (2)
establishment of a time share amenity fee; and (3) an agreement that should a certificate of
occupancy not be issued by the second anniversary of the effective date (2006), the Town
will retain a $60,000 cash deposit, the building permit shall be cancelled and no further
development shall be permitted under existing approvals (i.e. all approvals will be null and
void, including the PUD and the Design Review approvals).
In the interest of continuing cooperation between the Town and the applicant, Planning &
Zoning Commission recommended approval of the PUD amendment in Resolution 04-26.
Consistent with the Planning and Zoning Commission recommendation, staff recommends
approval of the PUD amendment of the Lot 1 and 2 Chateau St. Claire PUD with conditions
as defined in Ordinance 04-20 and outlined below:
1. The PUD amendment is contingent upon a valid Development Agreement
between CSC Land, LLC, and the Town of Avon being approved;
2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced
by three fractional ownership units;
3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing
requirements prior to the issuance of Temporary Certificate of Occupancy;
Memo to Town Council, November 23, 2004 Page 1 of 2
Ordinance 04-20, Lot 1 and 2, Chateau St. Claire PUD Amendment
4. Payment of a Time-Share Amenity Fee to offset additional costs for
transportation and recreation;
5. Failure to obtain a Certificate of Occupancy within two years of the effective date
of the Amending PUD Ordinance shall automatically terminate all permits and no
further development shall be permitted under existing approvals.
6. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
Recommendations
Staff recommends approval of Ordinance 04-20 on first reading.
Alternatives
1. Approve on First Reading
2. Table the application
Proposed Motion
"I move to approve on first reading Ordinance 04-20, approving an Amendment to the Lot 1
and 2 Chateau St. Claire PUD, Town of Avon, Eagle County, Colorado. "
Town Manager Comments
Attachments:
A. Ordinance 04-20
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 04-26
Memo to Town Council, November 23, 2004
Ordinance 04-20, Lot 1 and 2, Chateau St. Claire PUD Amendment
Page 2 of 2
TOWN OF AVON
ORDINANCE NO. 04-20
SERIES OF 2004
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF
ORDINANCE 98-6, AMENDING THE CHATEAU ST. CLAIRE
PUD DEVELOPMENT PLAN AND DEVELOPMENT
STANDARDS, LOT 1 AND 2, CHATEAU ST. CLAIRE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, CSC Land, has filed an application to amend the existing Planned Unit
Development ("PUD") and Development Standards for the proposed Chateau St. Claire
development; and
WHEREAS, the Town and the Owner have negotiated the terms and conditions of the
Development Agreement for Lot 1 and 2, Chateau St. Claire Subdivision and ("Agreement"),
which is attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on November 16, 2004, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Development Plan amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendation for approval on the PUD amendment application to the Town
Council of the Town of Avon through Resolution 04-26; and
E\Council\0rdinances\2004\0rd 04-20 Chateau St. Claire PUD Amend.doc
3
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2004, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Development Plan amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. That the PUD Plan is consistent with the goals and objectives of the Town's
Comprehensive Plan, and is compatible with surrounding neighborhood and the
public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Chateau St. Claire PUD Amendment is hereby approved, subject to the following:
The PUD amendment is contingent upon a valid Development Agreement between
CSC Land, LLC, and the Town of Avon being approved;
2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by
three fractional ownership units;
3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing
requirements prior to the issuance of Temporary Certificate of Occupancy;
4. Payment of a Time-Share Amenity Fee to offset additional costs for transportation
and recreation;
5. Failure to obtain a Certificate of Occupancy within two years of the effective date of
the Amending PUD Ordinance shall automatically terminate all permits and no
further development shall be permitted under existing approvals.
6. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
F:ACouncil\Ordinances\2604\Ord 04-20 Chateau St. Claire PUD Amend.doc
4
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 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,
2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2004.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
F:ACouncil\Ordinances\2004\Ord 04-20 Chateau St. Claire PUD Aruend.doc
e)
Exhibit "A" to Ordinance 04-20
DEVELOPMENT AGREEMENT
FOR
THE GATES ON BEAVER CREEK
(formerly Chateau St. Claire)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and
entered into as of , 2004 by and between CSC Land, LLC, a
Colorado Limited Liability Company (as more specifically defined below, the "Owner")
and the Town of Avon, a municipal corporation of the State of Colorado (the "Town").
RECITALS:
A. Owner is a limited liability company, duly organized and in good standing
under the laws of the State of Colorado.
B. Owner owns a parcel of real property described as Lots 1 and 2, FINAL
PLAT OF CHATEAU ST. CLAIR SUBDIVISION - PUD, according to the
plat thereof filed June 18, 1987 in Book 729 at Page 742, Eagle County,
Colorado (" the Property").
C. By Ordinance No. 98-6, Series of 1998, the PUD Development Plan and
Development Standards for the Property were approved, subject to the
condition that deed-restricted affordable housing or employee units be
included in the development in an amount equal to ten percent of the hotel,
residential or timeshare units.
D. Building Permit No. C-BP-2002-17, reissued on March 5, 2004 ("the Building
Permit"), contained the conditions that 1) a Deed Restriction and Employee
Housing Agreement be submitted for approval prior to issuance of a
certificate of occupancy and 2) a letter of credit in the amount of $60,000 be
retained by the Town until such time as the site is restored to the Town's
satisfaction or a certificate of occupancy is issued.
E. Owner has deposited cash in the amount of $60,000, in lieu of a letter of
credit, which deposit has been accepted and retained by the Town.
F. The Town is now willing to delete the affordable housing condition from
Ordinance No. 98-6, the PUD Development Plan and Development Standards
and from the Building Permit, in exchange for Owner's agreement to certain
exactions and other conditions, hereinafter set forth.
G. The legislature of the State of Colorado adopted Sections 24-68-101, et seq.
Colorado Revised Statutes (the "Vested Property Rights Statute") to provide
for the establishment of vested property rights in order to ensure reasonable
certainty, stability and fairness in the land use planning process and in order to
stimulate economic growth, secure the reasonable investment backed
expectations of landowners, and foster cooperation between the public and
private sectors in the area of land use planning; said Vested Property Rights
Statute authorizes the Town to enter into development agreements with
landowners providing for vesting of property development rights.
H. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the
Municipal Code authorizes the Town to enter into development agreements
with landowners and other qualified applicants providing for the vesting of
property development rights.
AGREEMENT
NOW, THEREFORE, in consideration of the premises set forth above, the
terms, conditions and covenants set forth in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and
the Town agree as follows:
ARTICLE I
DEFINITIONS AND GENERAL PROVISIONS
1_1 Association. Timeshare ownership association formed to manage the
timeshare ownership project located on the Property.
1.2 Effective Date. The effective date of the Town Council Ordinance amending
Ordinance No. 98-6, Series of 1998.
1.3 Municipal Code. The Town's Municipal Code, as in effect from time to time.
1.4 PUD. Planned unit development or PUD, as such terms are defined and used
in Section 17.20.110 of the Municipal Code.
1.5 Resubdivision Plat. A plat approved by the Town authorizing a resubdivision,
condominium resubdivision, planned unit development resubdivision, or time-
sharing subdivision consistent with Title 16 of the Municipal Code.
1.6 Certificate of Occupancy. Certification pursuant to the Town's building codes
that the premises have been completed and comply with the provisions
thereof.
1.7 Time-share owner. A person vested with legal title to a timeshare estate in
accordance with Section 38-33-110, Colorado Revised Statutes.
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1_8 Time-share unit. A unit, the title to which is divided into interval estates or
time-span estates in accordance with Section 38-33-110, Colorado Revised
Statutes.
1.9 Time-share Amenities Fee. A consensual fee intended to mitigate the impact
of a time-share subdivision, including the cost of transportation and of
recreational facilities.
1.10 Employee Housing Fee. A consensual fee intended to mitigate the impact of
a condominium subdivision and associated facilities on employee housing needs.
ARTICLE II
WAIVER OF CONDITION
The affordable housing condition contained in Ordinance No. 98-6, Series of 1998,
and the Building Permit shall be deleted by the Town, by adoption of an amending
ordinance, such amending ordinance to be effective upon occurrence of the Effective
Date and Owner's compliance with the requirements of Article III hereof.
ARTICLE III
EXACTIONS
The following exactions are intended to provide adequate facilities for the public
benefit of the Town:
3.1 Timeshare Amenities Fee: Commencing as of the Effective Date and
continuing in perpetuity, the Association is obligated to collect from each
timeshare owner and remit to the Town a Timeshare Amenities Fee in the
amount of $140.10 per fractional interest (defined as a 1 / 10th tenancy-in-
common interest or timespan estate in a time-share unit).
The Owner is exempt from the obligation for the Timeshare Amenities Fee
until the first-time sale of a fractional interest. The provisions for the
obligation for each timeshare owner to pay shall be a covenant running with
the land and reflected accordingly on the Resubdivision Plat and Association
covenants. Prior to the formation of the Association, the Owner shall be
obligated to collect and remit any and all Timeshare Amenities Fees.
The amount of the semi-annual payments will be calculated according to the
following formula:
Number of existing or newly deeded timeshare fractional interests
per semiannual period (January-June, calculated as of June 1, and
July-December calculated as of December 1), multiplied by the
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$140.10 fee (or as adjusted by CPI-U, as defined below), , divided
by 2.
The due dates for the semiannual payment are August 20 and February 20 for
the previous semiannual calculation period.
On January 1, 2006, and on the first day of each year thereafter, the amount of
the fee shall be increased by the prior year average consumer price index for
All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as
published semiannually and appearing in the January and July issues of the
CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI-
U"
It shall be the duty of the Association to keep and preserve such records as are
necessary to determine the amount of fees due hereunder. Such records shall
be preserved for a period of three years and shall be open for inspection by
representatives of the Town during regular business hours. Prior to the
formation of the Association, the Owner shall have the above-referenced
obligation to keep and preserve such records.
If a remittance to the Town is delinquent, or the remittance is less than the full
amount due, the Town shall make a written demand of the amount due and
deliver or mail the same to the office of the Association. The amount properly
determined to be owing shall be from the due date of the remittance at the rate
of one and one-half percent per month until paid. Prior to formation of the
Association such written demand will be delivered to the Owner.
3.2 Employee Housing Impact Fee. Owner shall pay to the Town, on or before
issuance of a certificate of occupancy, the sum of $100,000 in full satisfaction
of the Employee Housing Fee and any other exaction intended to mitigate the
impact of the Property and the timeshare ownership project on employee
housing needs.
ARTICLE IV
TERM OF AGREEMENT
4.1 Term of Agreement. Owner and the Town agree that the term of this
Agreement and the vested property rights established under this Agreement
shall commence on the Effective Date and shall continue, unless sooner
terminated pursuant to Article V hereof, until the second anniversary of the
Effective Date. If a certificate of occupancy has not been issued by that date,
this Agreement shall terminate, the Town shall be entitled to retain the cash
deposit in the amount of $60,000, the Building Permit shall be cancelled and
no further development shall be permitted under existing approvals. If a
certificate of occupancy has been issued by that date, this Agreement shall
4
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continue in effect until amended or terminated by mutual agreement of the
parties.
The foregoing notwithstanding, Owner shall maintain an active building
permit pursuant to the current provisions of Title 15, Municipal Code, on a
schedule that will result in issuance of a certificate of occupancy in
accordance with the above provisions. Failure to maintain the permit and
schedule will constitute a default under the provisions of this Agreement.
4.2 Return of Deposit. The cash deposit in the amount of $60,000 shall be
returned to Owner at the time of issuance of a certificate of occupancy.
ARTICLE V
DEFAULTS AND REMEDIES
5.1 Default by Town. A "breach" or "default" by the Town under this
Agreement shall be defined as the Town's failure to fulfill or perform any
material obligation of the Town contained in this Agreement.
5.2 Default by Owner. A "breach" or "default" by Owner shall be defined as
Owner's failure to fulfill or perform any material obligation of Owner
contained in this Agreement.
5.3 Notices of Default. In the event of a default by either party under this
Agreement, the non-defaulting party shall deliver written notice to the
defaulting party of such default, at the address specified in Section 6.8, and
the defaulting party shall have thirty (30) days from and after receipt of such
notice to cure such default. If such default is not of a type which can be cured
within such thirty (30) day period and the defaulting parry gives written notice
to the non-defaulting party within such thirty (30) day period that it is actively
and diligently pursuing such cure, the defaulting party shall have a reasonable
period of time given the nature of the default following the end of such thirty
(30) day period to cure such default, provided that such defaulting party is at
all times within such additional time period actively and diligently pursuing
such cure.
5.4 Remedies.
(a) If any default under this Agreement is not cured as described above, the non-
defaulting party shall have the right to enforce the defaulting parry's
obligation hereunder by an action for any equitable remedy, including
injunction and/or specific performance, and/or an action to recover damages.
Each remedy provided for in this Agreement is cumulative and is in addition
to every other remedy provided for in this Agreement or otherwise existing at
law, in equity or by statute.
5
(b) In the event of default by the Owner prior to issuance of a certificate of
occupancy, which default is not cured as described above, this Agreement
shall terminate, the Town shall be entitled to retain the cash deposit in the
amount of $60,000, the Building Permit shall be cancelled and no further
development shall be permitted under existing approvals
ARTICLE VI
MISCELLANEOUS
6.1 Applicable Law. Agreement shall be constructed and enforced in accordance
with the laws of the State of Colorado and the relevant portions of the
Municipal Code.
6.2 No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Town and Owner, and nothing contained in this Agreement
shall be constructed as making Town and Owner joint venturers or partners.
6.3 Expenses. Owner shall reimburse to the Town the costs and expenses,
including attorney's fees associated with the preparation of, implementation of
and enforcement of the terms of this Agreement.
6.4 Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. Nor waiver of any provision of this
Agreement in any instance shall constitute a waiver of such provision in other
instances.
6.5 Town Findings. The Town hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general
welfare of the Town.
6.6 Severability. If any term, provision, covenant or condition of this Agreement
is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect so long as enforcement of the remaining provisions would
not be inequitable to the party against whom they are being enforced under the
facts and circumstances then pertaining.
6.7 Further Assurances. Each party shall execute and deliver to the other all such
other further instructions and documents as may be reasonably necessary to
carry out this Agreement in order to provide and secure to the other party the
full and complete enjoyment of its rights and privileges under this Agreement.
6.8 Notices. Any notice or communication required under this Agreement
between the Town and Owner must be in writing, and may be given either
personally or by registered or certified mail, return receipt requested. If given
6
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by registered or certified mail, the same shall be deemed to have been given
and received on the first to occur of (i) actual receipt by any of the addresses
designated below as the party to whom notices are to be sent, or (ii) five days
a registered or certified letter containing such notice, properly addressed, with
postage prepaid, is deposited in the United States mail, if personally delivered,
a notice shall be deemed to have been given when delivered to the party to
whom it is addressed. Any party hereto may at any time, by giving written
notice to the other party hereto as provided in this Section designate additional
persons to whom notices or communications shall be given, and designate any
other address in substitution of the address to which such notice or
communication shall be given. Such notices or communications shall be given
to that parties at their addresses set forth below:
If to Town: Town of Avon
Attn: Town Manager
P.O. Box 975
Avon, Colorado 81620
If to Owner: CSC Land, LLC
c/o Tim Barton
70 Benchmark Road, Suite 102
P.O. Box 5570
Avon, CO 81620
With Notice to:The Law Offices of Amber L. Severtson, P.C.
Attention: Amber L. Severtson
16901 North Dallas Parkway, Suite 103
Addison, Texas 75001
6.9 "Owner" will initially refer to CSC Land, LLC, as well as any entity that
subsequently acquires a fee simple interest of record in any portion of the
Property as a transferee, grantee, assignee or successor of CSC Land, LLC.
Notwithstanding the foregoing, the term "Owner" will not include (1)
purchasers of condominium units, timeshare units, fractional interests or any
other interest therein, or (2) holders of a security interest in the Property or a
portion thereof. Following the Effective Date, upon formation of the
Association, issuance of a certificate of occupancy, and payment of the
Employee Housing Fee and all Timeshare Amenities Fees then due and
payable, the Owner may assign all remaining obligations hereunder to the
Association (which shall then be deemed to be the "Owner").
6.10 Assignments. This Agreement shall be binding upon and except as otherwise
provided in this Agreement, shall inure to the benefit of the successors in
interest or the legal representatives of the parties hereto. Except as specifically
set forth herein, Owner shall have the right to assign, delegate or transfer all or
any portion of its interests, rights or obligations under this Agreement to third
7
parties acquiring an interest or estate in the Property, including, but not
limited to, time-share owners, purchasers or long term ground lessees of
individual lots, parcels, or of any improvements now or hereafter located
within the Property. Provided that the Town's approval of the assignee or
transferee is first obtained, an assumption or transfer providing for express
assumption of any of Owner's obligations under this Agreement by its
assignee or transferee shall relieve Owner of any further obligations under this
Agreement with respect to the matter so assumed. The Town's approval of
any such assignee or transferee shall not be unreasonably withheld or delayed.
The Town approves of the assignment to and assumption by the Association
of all of Owner's obligations under this Agreement following the Effective
Date, upon formation of the Association, issuance of a certificate of
occupancy, and payment of the Employee Housing Fee and all Timeshare
Amenities Fees then due and payable, and the Owner shall be relieved of all
liabilities and obligations hereunder upon recordation of such assignment and
assumption. The Town's obligations hereunder may not be assigned or
delegated without Owner's written consent, and any attempted assignment or
delegation by the Town not in compliance herewith shall be null and void.
6.11 Counterparts. This Agreement shall be executed in multiple counterparts,
each of which shall be deemed to be an original and all of which taken
together shall constitute one and the same agreement.
6.12 Amendments and Waivers. No amendment or waiver of any provision of this
Agreement, nor consent to any departure here from, shall in any event be
elective unless the same shall be in writing and signed by the parties hereto,
and then such waiver or consent shall be effective only in the specific instance
and for the specific purpose for which given.
6.13 No Third Party Beneficiaries. Nothing expressed or implied in this
Agreement is intended or will be construed to confer upon, or give to, any
legal person other than the parties, any right, remedy, or claim under or by
reason of this Agreement or any covenants, terms, conditions, or provisions
thereof, and all of the covenants, terms, conditions, and provisions in this
Agreement by and on behalf of the parties will be for the sole and exclusive
benefit of the parties. Nothing in this Agreement is intended to interfere with
the agreements of the parties with third parties.
IN WITNESS WHEREOF, Owner and the Town have executed this Agreement
as of the date first written above to take effect as of the Effective Date.
TOWN OF AVON, a municipal corporation
of the State of Colorado
8
?4
BY:
ATTEST
Town Clerk
APPROVED AS TO FORM:
Town Attorney
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
Mayor
Subscribed before me this day of , 2004, by
as Mayor and Patty McKenny as Town Clerk of Town of Avon, a
municipal corporation of the State of Colorado.
My Commission Expires:
Notary Public
CSC LAND, LLC
By:
Managing Manager
9
\I-)
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
Subscribed before me this day of , 2004, by Tim
Barton, as Managing Manager of CSC Land, LLC, a Colorado limited liability company.
My Commission Expires:
Notary Public
10
\?p
Staff Report
PUD Amendment AVON
C O L O R A D O
November 16, 2004 Planning & Zoning Commission meeting
Report date November 10, 2004
Project type Amendment to Chateau St. Claire PUD,
"Gates on Beaver Creek"
Legal description Lot 1, Chateau St. Claire Subdivision
Current zoning PUD
Address 38374 Hwy 6 & 24
Introduction
The applicant, Parkhill-lvins Architects, representing the owners of the Chateau St. Claire PUD
(also known as the Gates on Beaver Creek) is proposing an amendment to the Chateau St.
Claire PUD (Ordinance No. 98-6). The proposed amendments to the PUD includes the removal
of the 6 deed restricted housing units as required by Ordinance 98-6 to be replaced by 3
fractional ownership units. Furthermore, the applicant agrees to enter into a development
agreement with the Town which will include: (1) payment of an in-lieu fee (impact fee) of
$100,000 to the Town of Avon's Affordable Housing Program; (2) establishment of a time share
amenity fee; and (3) an agreement that should a certificate of occupancy not be issued by the
second anniversary of the effective date (2006), the Town will retain a $60,000 cash deposit, the
building permit shall be cancelled and no further development shall be permitted under existing
approvals (i.e. all approvals will be null and void, including the PUD and the Design Review
approvals).
These amendment items will be effectuated by a development agreement entered into by the
property owner and the Town of Avon. The development agreement is currently being reviewed
by the Town Attorney and should be finalized prior to the Council's public hearing. This
submittal is also being reviewed in conjunction with a minor modification application for some of
the previously approved design features.
Background & Discussion
The PUD was originally approved September 1996 and later amended in June, 1998. The PUD
currently consists of 31 fractional-fee units, 6 employee housing units, 17 whole ownership
units, and a total of 4,127 sq. ft. GLFA of commercial space. The applicant is requesting
removal of the 6 deed restricted housing units to be replaced by 3 fractional ownership units.
The PUD currently contains a condition which states " Deed restricted affordable housing or
employee units shall be included in the development in an amount equal to ten percent of the
hotel, residential, or timeshare units." The deed restricted units are located on the west end of
the first floor. If approved, the total number of units would be reduced from 54 to 49 units.
The payment of an in-lieu fee of $100,000 to the Town of Avon Affordable Housing Program is
expected to offset the proposed reduction of 6 deed restricted housing units. Based on the draft
development agreement, the expectation is that the owner shall pay to the Town, on or before
Town of Avon Community Development (970) 745-4030 Fax (970) 949-5749
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Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment
November 16, 2004 Planning & Zoning Commission meeting Page 2 of 5
issuance of a certificate of occupancy. In addition, the applicant agrees to the establishment of a
timeshare amenity fee. The amount of the fee and the fee schedule will be outlined in the
development agreement
Included in the proposed development agreement is a requirement that should a certificate of
occupancy not be issued by the second anniversary of the effective date (2006), the Town will retain
the $60,000 cash deposit, the building permit shall be cancelled and no further development shall be
permitted under existing approvals (i.e. all approvals will be null and void, including the PUD and the
Design Review approvals).
Following is a detailed timeline for the activity that has taken place on the Chateau
property:
February 1996 - Chateau St. Claire LLC petitioned to the Town for annexation and PUD zoning
and development plan approval. The proposed project was a 4-story building with 72,000 sq. ft.
devoted to office, retail and restaurant. No residential use was included.
September 24, 1996 - Council approved the Annexation (Ordinance 96-16) and PUD zoning
and Development Plan (Ordinance 96-17) with the condition that the parcel be subdivided into
two lots: a 2.42-acre development lot ("Lot 1") and a 3.38-acre Public Open Space lot ("lot 2").
Lot 2 is to be dedicated to the Town.
July 1997 - Applicants received a building permit. This permit eventually lapsed due to a lack of
progress.
August 5, 1998 - Council approved a PUD Amendment (Ordinance 1998-6) allowing for 150
hotel rooms or 110 timeshare units with office, retail, restaurant and service commercial land-
uses. The permitted uses were altered with this amendment, not the design of building.
September 5, 2000 - Revised Final Design plan was submitted and approved for a 6-story,
118,000 sq. ft. building including 52 condominium units and a restaurant. The condominium
units were proposed as a mix of interval ownership, fee simple ownership and employee
housing. This revised design submittal is similar in height and massing to the original design
approved in 1996.
September 26, 2000 - Town issues a grading permit (X-EG2000-2) to clear debris and topsoil
from the site. All work pertaining to this permit was completed October 12, 2000.
August 2001 - Town issues a foundation, excavation, and retaining wall permit (X-EG2000-3)
and retained a surety to ensure restoration of the site pending issuance of a complete building
permit.
June 2002 - Building permit (C-BP2001-4) is issued.
Town expires building permit due to lack of construction activity on the site. The
owner/developer is required by the Town to pay half of the building permit fee again to
extend the building permit (allowed under the 1997 UBC).
December 10, 2002 - The Town issues a new building permit (C-BP2002-17) with specific
conditions for construction and development.
¦ Based on this revised permit, owner/developer was required to commence construction
no later than May 10, 2003 and pay a recreational amenity fee in the amount of $58,808
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
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Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment
November 16, 2004 Planning & Zoning Commission meeting Page 3 of 5
and a school impact fee in the amount of $11,415.81 for a total of $70,223.81. The
Town collected all fees.
¦ Renewal #1 (January 27, 2004): 180 days pending satisfactory funding in place.
¦ August 2004: Town Attorney determines funding in place
¦ August 11, 2004 :Inspection performed on shared and partial footing. Permit will expire
in 180 days (February 7th, 2005) with no substantial resumption of activity.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. 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 or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The fundamental reason for having a Comprehensive Plan is to generally communicate
where and how land uses may and will occur in the Town. The land use plan is based upon
these goals and polices. Implementation is through annexation, subdivision and zoning
regulations.
This proposed PUD Amendment appears to comply with the following goals and polices of
the Town Comprehensive Plan based upon the following:
Policy A1.1 Development and redevelopment will be of a scale and intensity
appropriate for the neighborhood in which it is located.
The proposed Chateau St. Claire PUD amendment will not increase the
land use intensity or overall density. In fact, the proposed amendment to
the PUD represents a reduction in residential density from 52 units to 49
units.
The proposed amendment has no bearing on the scale of the project,
based on the prior approvals. Additionally, the net anticipated change in
average daily trips (ADT) generated from the site is negligible, and may
create a reduction in ADT.
Policy C2.1 New development, annexations, and major redevelopment shall
include or otherwise provide for affordable housing.
The application proposes the removal of 6 deed restricted housing units
to be replaced by 3 fractional ownership units. Although this amendment
would eliminate all deed-restricted units, the owner has agreed to
contribute $100,000 towards the Town's Affordable Housing Program.
Policy C2.4 The Town will encourage and, to the extent practical, participate in
development of affordable housing.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
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Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment
November 16, 2004 Planning & Zoning Commission meeting Page 4 of 5
The $100,000 contribution to the Town's Affordable Housing Program
provides the Town with the flexibility to participate in the development
of a broader affordable housing program.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The proposed amendment application has previously been evaluated for conformity to
the design guidelines of the Town with the original adoption of the PUD. The proposed
changes are internal to the project and will not affect the exterior design.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The proposal appears compatible with the immediate environment, neighborhood, and
adjacent properties including the proposed conditions of approval.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The proposed uses appear to provide a compatible and efficient relationship with the
surrounding uses and existing residences.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
The application does not appear to negatively affect a known geologic hazard.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The site plan and location of buildings and open space are responsive to natural
features of the existing PUD.
7. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that is compatible with the Town Transportation Plan.
The proposed amendment will not affect the anticipated circulation system, creating no
change to the access.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
The landscaping has been reviewed through the design process when the PUD was
originally adopted.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan shall
clearly demonstrate that each phase can be workable, functional and efficient without
relying upon completion of future project phases.
The phasing plan submitted has been reviewed through the design process when the
PUD was originally adopted.
10. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
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Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment
November 16, 2004 Planning & Zoning Commission meeting Page 5 of 5
The proposed amendment appears to comply with capacities originally contemplated in
the first PUD approval.
Staff Recommendation
Staff recommends approval of Resolution 04-26 as presented with conditions.
Recommended Motion
"I move to approve Resolution 04-26, recommending to the Town Council to approve the
amendment to Chateau St. Claire PUD (Ordinance No. 98-6), Town of Avon, Eagle County,
Colorado, as more specifically described in the application dated November 2, 2004 with the
following conditions: "
1. Condition #3 from Ordinance 98-6 is deleted upon the approval of the PUD
amendment and execution of a development agreement by Town Council.
2. Should a certificate of occupancy not be issued by the second anniversary of the effective
date (2006), the Town will retain a $60,000 cash deposit, the building permit shall be
cancelled and no further development shall be permitted under existing approvals.
If you have any questions regarding this project or any planning matter, please call me at 748-
4000, or stop by the Community Development Department.
Respectfully submitted,
ric Heidemann
Report Attachments:
A. Ordinance 98-6 Amendment of PUD (amending ordinance 98-17)
B. First Floor Plan Set with 3 interval units.
Town of Avon Community Development (970) 748-4030
Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-26
A RESOLUTION AMENDING THE CHATEAU ST. CLAIRE PUD TO ELIMINATE
CONDITION 3 OF ORDINANCE 98-6 WHICH STATES "DEED RESTRICTED
AFFORDABLE HOUSING OR EMPLOYEE UNITS SHALL BE INCLUDED IN THE
DEVELOPMENT IN AN AMOUNT EQUAL TO 10 PERCENT OF THE HOTEL,
RESIDENTIAL, OR TIMESHARE UNITS" AS MORE SPECIFICALLY DESCRIBED
IN THE APPLICATION DATED NOVEMBER 1, 2004.
WHEREAS, CSC Land, has filed an application to amend the existing Planned Unit
Development ("PUD") and Development Standards for the proposed Chateau St. Claire
development; and
WHEREAS, the proper posting, publication and public notices for the hearings before the
Planning and Zoning Commission of the Town of Avon were provided as required by
law; and
W HEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on November 16, 2004 at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports
regarding the proposed PUD Development Plan amendment; and
WHEREAS, following such public hearing, the Planning and Zoning Commission
forwarded its recommendation for approval on the PUD amendment application to the
Town Council of the Town of Avon through Resolution 04-26; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends approval to the Town Council for the Chateau St. Claire PUD
Amendment dated November , 2004 with the following conditions:
F:APlanning & Zoning Commission\Resolutions\2004\Res 04-26 Chateau St. Claire amendment.doc
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1. The PUD amendment is contingent upon a valid Development Agreement between
CSC Land, LLC, and the Town of Avon being approved;
2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by
three fractional ownership units;
3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing
requirements prior to the issuance of Temporary Certificate of Occupancy;
4. Payment of a Time-Share Amenity Fee to offset additional costs for transportation
and recreation;
5. Failure to obtain a Certificate of Occupancy within two years of the effective date of
the Amending PUD Ordinance shall automatically terminate all permits and no
further development shall be permitted under existing approvals.
6. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 16th DAY OF NOVEMBER, 2004
Signed:
Date: 016 /6
Chris Evans, Chair
Attest:
Date: %/ 1(o d y
Terry Smith, S retary
F:APlanning & Zoning Commission\Resolutions\2004\Res 04-26 Chateau St. Claire amendment.doe
a?
TOWN OF AVON
ORDINANCE NO. 98 - 6
SERIES OF 1998
k:
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF
ORDINANCE 96-17, AMENDING THE CHATEAU ST. CLAIRE
PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS,
LOTS 1 AND 2, CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Chateau St. Claire LLC, has filed an application to amend the
existing PUD Development Plan and Development Standards for the proposed Chateau
St. Claire development; and
WHEREAS, the proper posting, publication and public notices for the hearings
before the Planning & Zoning Commission of the Town of Avon were provided as
required by law, and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a
public hearing, at which time the applicant and the public were given an opportunity to
express their opinions and present certain information and reports regarding the proposed
amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded reports and recommendations on the proposed amendment to the Town
Council of the Town of Avon; and
t
WHEREAS, after notices provided by law, this Council held a public hearing on {
the 9th day of June 1998 at which time the public was given an opportunity to
7
express their opinions regarding the proposed amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as
follows:
1. That the hearings before the Planning & Zoning Commission and the Town
Council were both extensive and complete and that all pertinent facts, matters and
issues were submitted at those hearings.
2. The amended PUD Development Plan and Development Standards are consistent
with the Town's Comprehensive Plan.
3. That the proposed uses are compatible with the surrounding area and uses.
a
4. Adequate facilities are available to serve development for the project's type and
scope.
, a \'NTSERVERTILE SERVERWOtINCIL`,ARDINAN019W"-6ch.w.WiaNm+mmW.d.
-1 t
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the amendment to the Chateau St. Claire
PUD to amend the PUD Development Plan and Development Standards is hereby
approved and shall be developed in conformance with the PUD Development Plan
attached to this ordinance as Exhibit A and is subject to the following conditions:
I . An access easement shall be dedicated prior to issuance of building permit to
facilitate shared access between the Chateau St. Claire property and the Folson Tract.
2. Dogs shall not be permitted on the property.
3. Deed restricted affordable housing or employee units shall he included in the
development in an amount equal to ten percent of the hotel, residential or timeshare
units.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 26 day of May , 1998, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado on the 9 thday or unf998,
at 5:30 PM in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Jack Fawcett, Mayor
ATTEST:
L, ? o 1 A
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this 9th day of June 1998,
Town of Avon, Colorado
Town Council
Jack Fawcett, Mayor
A ST:
Melanie Dyck, Aef 'ing Town
Kris Nash, Town Clerk
APPROVED AS TO FORM:
'?NTSERVEWFILE SERVER?COL'WIL[ORDINAW(,]')98v98-kha,c...k1---ddM
- 11
•
Memo
To: Honorable Mayor and Town Council
Thin: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Director
Norman Wood, Town Engineer
Date: November 17, 2004
Re: Appeal of Carwash Building Permit Expiration
Background:
C O L O R A D O
Steve Grow is appealing the expiration of his building permit to construct the Avon Carwash.
In correspondence sent to Mr. Grow on October 28, he was advised that per the Avon
Municipal Code his permit shall expire on December 10, 2004. Though the Council, acting
as the Building Board of Appeals, cannot entertain an appeal of life-safety items required by
the building codes, it may entertain an appeal of an administrative provision such as the
expiration of a building permit.
The original building permit C-BP2003-8 was issued on June 10, 2003. On December 4,
2003, the applicant was granted a 180-day extension of the building permit until June 10,
2004. The applicant was informed that the permit could not be extended again by the
Department.
The last inspection of this permit was conducted on June 10, 2004 as a site preparation
inspection in order to extend the permit for another 180 days. In issuing approval of the
temporary surface-grading permit through Resolution 04-19 on June 8, 2004, the applicant
was allowed an alternative grading method provided that they submitted revised plans and
security deposit of $250,000 prior to availing themselves of this option.
The applicant did not follow through with the terms of the temporary grading easement,
instead choosing to construct according to plans prepared by their engineer and submitted
as part of the building permit. The terms of the building permit and the applicable site
excavation plans required slope protection (shot-crete) after a certain amount of excavation
on site, and the project was stopped at the point where slope protection was needed. No
activity has occurred on site since that time.
The correspondence sent to Mr. Grow regarding the expiration of his permit is attached to
this memo for reference. His request for appeal, dated November 12, 2004 is also attached
to this memo.
Avon Carwash Appeal to Town Council
November 23, 2004 Regular Council Meeting
History:
Approvals from Planning and Zoning Commission (P&Z) and Town Council were as follows:
• September 4, 2001: Variance for front yard setback approved by P&Z.
• September 18, 2001: Special Review Use for Carwash approved by P&Z.
¦ February 26, 2002: Temporary grading easement approved for drainage on Tract B
by Town Council/
¦ March 29, 2002: Sketch Design Approved by P&Z.
¦ May 7, 2002: Final Design Approved by P&Z.
¦ June 10, 2003: Building Permit C-BP200308 issued by Community Development.
¦ December 4, 2003: Building Permit extending another 180 days at request of
applicant.
¦ June 10, 2004: Expiration of building permit avoided through site preparation
inspection conducted on same day.
¦ Permit will expire on December 10, 2004 without substantial (final footing) inspection
approved. No further extension permissible under Administrative provisions of
Building Code.
Town Manager Comments:
Exhibits:
A- October 28, 2004 Letter to Steve Grow regarding permit expiration.
B- November 12, 2004 Letter from Steve Grow requesting appeal to Town Council.
Avon Carwash Appeal to Town Council
November 23, 2004 Regular Council Meeting
VIA CERTIFIED MAIL 7003 2260 0002 8929 0995
October 28, 2004
Mr. Steve Grow
8 Manette Road
Morristown, NJ 07960
RE: Lot 30, Block 1, Benchmark at Beaver Creek Subdivision
710 Nottingham Road / Building Permit Expiration
Dear Mr. Grow:
This letter is to inform you that your building permit for the carwash is scheduled to expire on
December 10, 2004. At that time, all approvals associated with this project will also lapse and
void, including the special review use, variance, sketch and final design, and temporary grading
easement. Your last inspection was June 10, 2004, and per the requirements of the building
permit and the Avon Municipal Code, Chapter 15:
105.5 Expiration. "Every permit issued shall expire and become invalid... if the
work authorized on the site by such permit is suspended or abandoned for a period
of 180 days after the time the work is commenced."
"Work on the site shall be deemed as commenced upon approval of the final
footing inspection and shall be deemed as suspended or abandoned if no
subsequent inspections have been approved within a 180 day period. No permit
shall be extended more than once."
This permit has already received one extension on December 4, 2003 as allowed by the code. I
have no authority to authorize another extension under the Building Code.
Likewise, you have failed to meet the terms of your building permit conditions related to site
excavation and slope protection or exercise the terms of the Temporary Surface Grading
Easement approved by Town Council on June 8, 2004 through Resolution 04-19 (attached).
You may only appeal the expiration of your building permit and associated approvals to Town
Council (acting as the Board of Appeals) at the last regular Council meeting November 23 2004
prior to your project expiration date. Your written request must be received no later than
November 15, 2004 for consideration on that agenda should you choose to appeal.
Please contact me if you have any questions at 970.748.4002.
Kind Regards,
Tambi Katieb, AICP
Director of Community Development
3
Att: Resolution 04-19
Cc: Town Manager / Town Council
Town Attorney / Town Engineer / Chief Building Official
File C-BP2002-8
F:ACorrespondenceAExternal\Building\Code InterpretationT30 BI BMBC CarwashExpires2004.doc
4
1V/ V1/ VV 16:4/ rA.3 VYJ5JUdJZ2 STEVE GROW Q01
Steven M. Grow
8 Manette Rd.
Morristown, NJ 07960-6344
973-539-8322
Fax: 973-539-8322
Mobile: 973-216-8312
E-Mail: steyengrow@optonline.net
VIA FAX: 970-949-749
Via E-Mall: tkatiebRavon.oIg
November 12, 2004
Town Council
Town of Avon
PO Box 975
Avon, CO 81620
Re: Request for Extension of Building Permit, Block 1, Lot 30,
Benchmark at Beavercreek
Dear Honorable Mayor and Town Council:
In as much as my building permit for the above captioned property expires on
December 10, 2004, 1 would to appeal to Town Council for a six-month
extension.
As many of you are aware, the timing of permits and approvals has been an
issue with this project. For the benefit of the new members of the Council and as
a possible reminder for the current members, I would like to summarize by way of
background information, the process that occurred for the issuance of the
variance and building permit on May 3, 2003 and the building permit extension
granted on December 4, 2003.
i The timing issues actually began on February 3, 2003, with a letter from Ruth
Borne to Charles Acevedo of JMP Architects, in which Ruth outlines in the
opening sentence "all outstanding items that require resolution prior to issuance
of the building permit..." Upon receipt of the letter of February 3Id , we
immedlately began to address all the outstanding Issues as she outlined and
subsequently submitted responses for staff review. After a conversation with my
architect and staff regarding the submissions, we received a letter from Ruth
Borne, dated April 24, 2003, in which Ruth again indicated that this letter
i "outlined the following comments to finalize aR the outstanding items..." In my
letter of April 29, 2003 to Ruth, I indicated my total surprise that additional items
05
10/01/05 11:11 FAX 9115391322 STEVE GROW 0102
'r
E
Page 2, Con't
The Honorable Mayor and Town Council
November 12, 2004
appeared on her letter of April 24`n (approximately 2'/ months later) that were
not initially addressed in her final requirements letter of February Td. I indicated
that the most serious issue was meeting item #4 in a timely manner, which was
an engineering design issue. I indicated that we Immediately made the
appropriate calls to all the parties involved in this issue, including Norm Wood.
Based upon Peter Monroe's conversation (my structural engineer) with Nona
Wood, and Norm's indication that soil nailing and a permanent easement would
satisfy the Town's requirements, we went ahead and authorized an engineering
specialist in this area to design the appropriate solution and submit the required
plans. In as much as this was going to be a $180,000 solution, I had a number of
conversations with Ruth Borne regarding the proposed permanent easement and
her opinion as to the subsequent approval of it by Council. In as much as the
Town land in the easement area had no significant future land development
potential for the Town, Ruth assured me that approval by Council would not be a
problem and be only a procedural issue. Norm was of a similar view as to the
future value of the land to the Town. Having met all other conditions, the building
permit was issued on May 3, 2003, subject to the approval of the construction
detail requested for the north structural wall.
Based upon the anticipated approval of this solution and the approval of the
permanent easement as was discussed, we totally re-designed the structural
plans of the project to take advantage of the new solution, as opposed to using
the original design which utilized the rear structural building wall as the retaining
wall to support the proposed soil cuts in the land. At the Town Council meeting
November 11, 2003, after direct testimony from Staff, Nome Wood, and Larry
Brooks, regarding their envisioning no future need or use for the land within the
proposed permanent easement area, Council denied the permanent easement,
and at the same time denied the solution we and staff in good faith had been
working on for the past six months in order to meet Town requirements- This
denial was in-spite of the fact that direct testimony was given by knowledgeable
and long-time experienced staff members who said there was no real value of
the land In as much as the permanent soil nails were as much as 20 feet below
grade and there are tower electrical lines adjacent to the property. Needless to
say, much to everyone's shock and dismay, including staff, our permanent
easement solution was not approved. On December 9t', we appealed the
decision, but to no avail, in spite of repeated testimony from staff that the land in
question was not needed by the Town. With approximately only one month left
before our building permit expired, and not expecting this outcome, nor having
enough time to develop an a{temate solution to the issue, I had no alternative but
to request a six month extension for the issuance of a building permit. .
10/01/05 18:47 FAX 9735398322 STEVE GROW Q03
Page 3, Con't
The Honorable Mayor and Town Council
November 12, 2004
On December 15, 2003, William Gray informed me that we had been approved
for a six-month extension. Unfortunately, we now had to design another solution
Again, after many meetings with staff and review of alternative proposals, we
designed what we all thought was a reasonable solution- a permanent easement
drainage solution. On May 11, 2004, at the Council Meeting, the permanent
easement was proposed. In spite of a memo from Norm Wood to The Mayor and
Town Council, dated May 6, 2004, indicating his support for the permanent
easement with all the advantages to the Town if approved, unfortunately after
much discussion, we were denied. We appealed the decision. On May 2e,
Town Council reversed their decision and finally approved the temporary grading
and drainage easement subject to certain conditions, based upon the fairness of
our original request and the fact that we were requesting what had been granted
to others in the past. That was the good news- the bad news was that we only
had until June 10th in order to activate our building permit and finalize all the open
items before access to the site and commencement of work was granted. On
June 9, 2004, we received a letter from Norm Wood authorizing us access to the
site for the purpose of site layout and preparation for construction. Fortunately,
we were able to satisfy all the Town's concerns and requirements and an initial
site preparation inspection was conducted and approved prior to commencing
work. We immediately began to excavate the site upon approval.
The other relevant issues that occurred during this entire unexpected lengthy
approval process was that our time frame for starting the project was dramatically
changed and key construction costs of concrete and steel rose dramatically (as
much as 40%) during this delay, and the question of timely availability of
materials was as much a concern. Because we structurally re-designed the
building anticipating the prior permanent easement solution being approved, we
again had to structurally re-design the building taking into consideration the most
recent easement solution presented and ultimately approved by Council_
In as much as we had to re-design the structural portion of the project for the
third time, we immediately began another value engineering study to determine
the alternatives to our revised structural designs, not only to determine current
costs, but also to determine the availability and timing of delivery of materials,
taking into consideration the construction window based upon potential winter
conditions. Unfortunately, because of our specific needs for long and large width
spans of structural steel, standard lengths and sizes that might be available on
relatively short notice, is not an option for us, but must be fabricated, which
requires lead times past our building envelope time frame. Additionally, because
of the complex foundation design and the need for extensive amounts of
concrete throughout and the need to tie into the structural steel, we are not
willing to take a chance with unexpected winter weather conditions.
10/01/05 18:47 FAX 9735398322 STEVE GROW IN4
Page 4, Con't
The Honorable Mayor and Town Council
November 12, 2004
For this reason and a number of other considerations, we have decided not to
commence the project until the spring. There is no doubt that the long
unexpected delays in the approval process starting early in 2003 has caused the
unfortunate delay in the project.
In as much as our building permit expires December 10, 2004, we respectfully
request a six-month extension of our building permit in order to allow us to move
forward with the project.
Your cooperation is greatly appreciated.
jSi ly,
teven M. Grow
Cc: John Perkins, JMP Architects
TownCouncilBuildingPernnitF_xtension 12-10-04
Iq
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 9, 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 5:45 PM. A roll call was taken and Council
members present were Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes and Ron
Wolfe. Mac McDevitt was absent. 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, Finance Director Scott Wright, Police Chief
Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs and Public Works /
Transit Director Bob Reed as well as members of the press and public.
Citizen Input
Avon Business Association member and business owner of Beaver Liquors Michelle Courtney
informed the council that the quarterly business meeting for the ABA would be held November
10th at 5:30 pm at Fiesta Jalisco and all are invited to attend.
Ordinances
Finance Director Scott Wright presented Ordinance No. 04-18, Series Of 2004, Second
Reading, An Ordinance Authorizing The Issuance Of Town Of Avon, Colorado, General
Obligation Refunding Bonds, Series 2004 And Related Supplemental "B" Interest Coupons;
Providing The Form, Terms And Conditions Of The Bonds And The Supplemental "B" Interest
Coupons, The Manner And Terms Of Issuance, The Manner Of Execution, The Method Of
Payment And The Security Therefore; Providing Certain Covenants And Other Details And
Making Other Provisions Concerning The Bonds; Ratifying Action Previously Taken And
Appertaining Thereto; And Repealing All Ordinances In Conflict Herewith. He presented David
Bell with Hanifen Imhoff, the bond-underwriting firm, to answer questions and summarize the
transaction. Some discussion ensued about interest rates, the out of pocket costs of the deal,
and the public offering statement. Mayor Reynolds opened the public hearing, no comments
were made and the public hearing was closed. Councilor D. Buckley moved to approved
Ordinance No. 04-18, Series Of 2004, An Ordinance Authorizing The Issuance Of Town Of
Avon, Colorado, General Obligation Refunding Bonds, Series 2004 And Related Supplemental
"B" Interest Coupons, etc. Councilor Brown seconded the motion and it passed unanimously by
those members present (McDevitt absent).
Community Development Director Tambi Katieb presented Ordinance No. 04-19, Series of
2004, on Second Reading An Ordinance Amending Title 15, Municipal Code of the Town of
Avon, as it relates to Outdoor Lighting Standards. He noted that Council heard the first reading
of the Ordinance on May 25, 2004 and again in June and the first meeting in October. He noted
that Council Identified the need for increased outdoor lighting regulations at earlier meetings,
and this proposed ordinance will address the issues of lighting because of the significant growth
and building activity the Town has and continues to experience. He explained the revisions
made in this version of the Ordinance before them such as:
? Revise opening statement of Intent and Purpose to include Recital B and the purpose of
preventing unnecessary upward lighting.
? Delete the sign lighting restriction entirely.
? Delete the restriction to flashing lights on residential properties, however retaining the
time restriction for residential properties only.
? Clarify the partially shielded and clear-glass fixture exemptions. Instead of defining
partially shielded, the performance language of a non-compliant fixture was reorganized
and clarified.
? Clarify the example lighting diagrams with "yes and "no".
? Add "trees" to the up-lighting provision to clarify the performance requirement.
Katieb noted that any further changes suggested tonight would be incorporated into the
Ordinance. Councilors Wolfe and Sipes began with some comments including the following
regarding the need for some clarification in the violations section, strike the time period for
allowing holiday lights, the need for further up lighting clarification, etc. Some discussion
ensued about several topics as follows,
1) Clarification of the lighting plan section to not include a plan on single family & duplex
applications
2) Clarification in the "violations" section by including "for any single fixture"
3) Removal of the timeframe for the holiday lighting
4) Clarification to include additional performance standards to 15.30.040 #6
5) The possible need to include an appeals process in the violations section
6) How to educate the community regarding this legislation and enforce the ordinance
Town Attorney John Dunn noted that this ordinance would be a part of the building code & that
does contain already an appeal process. He indicated that once a complaint is received, it is
handled in Municipal Court. Mayor Reynolds opened the public hearing and the following
people commented. Stuart Borne, Drew Dodd, Janine Glennon, Michelle Courtney. Some of
their concerns included:
? Enforcement of the ordinance, how does the town expect to enforce this ordinance?
Some discussion ensued about the role of Community Development with enforcement.
? What is the cost benefit of this ordinance?
? Several people requested an increase in the time allowed for implementation, especially
the larger residential projects
? Where do interior lights fit into this picture? (It was noted that Vista Restaurant's interior
lights of the restaurant are not part of this discussion and that those lights are acceptable
according to this ordinance).
? How does the town expect to measure whether or not the lighting has been decreased
by the passage of this legislation? It was noted that the Town does have such a tool for
measuring light.
Several people mentioned that initially they were against this legislation, but had changed their
minds to agree with the overall intent of the ordinance. Some final comments were made by
Council regarding the timeframe to allow for the implementation of the ordinance.
Councilor Sipes moved to approve on second reading Ordinance No. 04-19, Series of 2004, on
Second Reading An Ordinance Amending Title 15, Municipal Code of the Town of Avon, as it
relates to Outdoor Lighting Standards with amendments to the following sections:
• 15.30.020 - add definition of holiday (seasonal) lighting
¦ 15.30.020 - switch captions on the diagrams so it appears on the correct image
¦ 15.30.040 - C) strike times from holiday lighting
¦ 15.30.040 - C), #6, clarify this section per Ron Wolfe's suggestions.
Councilor Wolfe seconded the motion and asked that revisions be included to the following
sections:
15.30.050 - clarify paragraph so that single family & duplex applications are exempt
from submitting lighting plans if the lighting fixtures and locations are reviewed under the
Design Review Guidelines (language as submitted by Councilor Sipes)
Regular Council Meeting Page 2 of 4
November 9, 2004
¦ 15.30.060 - Violations - language clarified to include "for any single fixture"
Councilor Sipes accepted revisions as suggested by Councilor Wolfe. The motion passed with
a four to one roll call vote (P. Buckley - nay; McDevitt absent).
Resolutions
Finance Director Scott Wright presented the following budget related resolutions:
a. Resolution No. 04-40, Series of 2004, A Resolution Amend the 2004 Town of Avon Budget
b. Resolution No. 04-41, Series of 2004, A Resolution to Amend the 2004 Town of Avon
Capital Projects Fund Budget
c. Resolution No. 04-42, Series of 2004, A Resolution to Adopt the 2005 Town of Avon Budget
d. Resolution No. 04-43, Series of 2004, A Resolution to Accept the Proposed Town of Avon
Long Range Capital Program And Simultaneously Adopt the Year 2005 Capital Projects
Fund Budget
He summarized some of the highlights including fund balances, revenues and expenditures of
certain departments and funds. He noted that two other resolutions would follow in December
related to approving the mill levy. Councilor P. Buckley moved to adopt Resolution Nos. 04-40,
04-41, 04-42, and 04-43. Councilor Wolfe seconded the motion and it passed unanimously by
those members present (McDevitt absent).
New Business
Councilor Wolfe read the Veteran's Day Proclamation for the Town of Avon.
Town Attorney Report
Town Attorney John Dunn presented an update to the Lot 61 litigation noting that it appears a
settlement is close. He cited some of the details of what he knew at this time, although he
indicated that the Town would not be privy to all of the final details.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
adopt the consent agenda; Councilor Brown seconded the motion and it passed unanimously.
a. Approval of the October 26, 2004 Council Meeting Minutes
b. Eagle County Regional Transportation Authority Service Agreement
c. Resolution No. 04-46, Series of 2004, Resolution approving the Amended Final Plat, The Village
at Avon, Filing 1, Town of Avon, Eagle County, Colorado
Farewell Comments of Outgoing Council Members
Outgoing members Councilor Brown and Mayor Reynolds made some comments about their
tenure as public servants and thanked both Council and staff for the time working with them.
Mayor Reynolds noted it would be difficult since he has been with the Town of Avon for 21
years. Both congratulated new members coming in. Assistant Town Manager Jacquie Halburnt
made some comments to the outgoing members and gave each a gift as a token of the Town's
appreciation for their years of service. Town Manager Larry Brooks also noted his appreciation
for the years of service both Reynolds & Brown have served.
Regular Council Meeting Page 3 of 4
November 9, 2004
There being no further business to come before the Council, the meeting adjourned at 7:10 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
November 9, 2004
Page 4 of 4