TC Council Packet 02-12-2008TOWN OF AVON, COLORADO
WORK SESSION MEETING FOR TUESDAY, FEBRUARY 12, 2008
MEETING BEGINS AT 12.00 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
AVON
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN ATTORNEY: JOHN DUNN
TOWN STAFF
TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
12:00 PM -1:30 PM 1.
1:30 PM -2:15 PM
2:15 PM - 2:30 PM
2:30 PM -3:00 PM
3:00 PM -3:45 PM
3:45 PM - 4:15 PM
4:15 PM
JOINT LUNCH MEETING BETWEEN AVON TOWN COUNCIL & PLANNING & ZONING
COMMISSION
2. EXECUTIVE SESSION pursuant to CRS 24-6-402 (4)(b) conference with Town
Attorney for the purposed of receiving legal advice on specific legal questions
regarding pending issues related to the Village at Avon. Conference with town
attorney to review correspondence relating to The Village school site
3. COUNCIL COMMITTEE AND STAFF UPDATES
A. Eagle County Open Space Committee Meeting Update (Ron Wolfe, Mayor)
B. Beaver Creek Marketing Update (Amy Phillips, Councilor)
C. Financial Matters/ Memo Only
4. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
5. CLIMATE ACTION PLAN (Jenny Strehler, Public Works and Transportation
Director) Follow-up to CAP report including results of survey distributed to staff and
leadership and details on progress to date. Group discussion on recommended
actions is encouraged
6. JOINT SESSION WITH EAGLE COUNTY SCHOOL DISTRICT BOARD MEMBERS
(Larry Brooks, Town Manager) The purpose of the scheduled work session is to
provide an opportunity for the Town Council and the Eagle County School Board, and
its representatives, to discuss their respective positions relative to the manner in
which the Village at Avon will satisfy their current school site dedication obligation,
pursuant to Section 4.3(f) of the Village of Avon Annexation and Development
Agreement
7. DISCUSSION ON MODEL DEVELOPMENT AGREEMENT AND MODEL VESTING
ORDINANCE (Larry Brooks, Town Manager and Randy Funk, Sherman &
Howard) Review revised model development agreement form
8. ADJOURNMENT
Avon Council Meeting.08.02.12
Page 1 of 5
HEART of the \AI
Memo
COLORADO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann, Assistant Town Manager
Community Development
Date: February 12, 2008 Meeting
Re: Joint Work Session with the Planning and Zoning Commission
Summary:
At the request of several Town Councilors, the Planning and Zoning Commissioners have
been invited to a joint work session with the Council. One of the stated goals of the meeting
is for the Council to express their appreciation of the Commission for their service to the
Town. The Council has also expressed an interest in understanding the Commission's views
on current Town policies (i.e. Comprehensive Plan), procedures, and how they are
interpreted and applied.
Town Manager Comments:
FINANCIAL MATTERS
February 12, 2008
1. YTD Building Revenue Report Actual vs Budget - December 2007
2. Detail - Real Estate Transfer Taxes - December 2007
3. Accomodations Tax Worksheet Actual vs Budget - December 2007
4. Sales Tax Worksheet Actual vs Budget - December 2007
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2007
Purchaser Name
Nov -07
1st American Title
Holiday
Title Company Rockies
Title Company Rockies
Title Company Rockies
Title Company Rockies
Holiday
Title Company Rockies
1st American Title
Billy & Cherrie Bennett
Christopher Perkins
Amanda Ruebl
Giancarlo Arizzi
Cynthia & Mahmut Yalcindag
Nicholas Barry
Gary & Shirley Meyer
Lee Jones
Douglas Higgins Trust
Anthony & Jean Kinsella
Jennifer & Andrew Strehler
George Emmett
Holiday Transfer
Title Comp Rockies
Holiday Transfer
1st American Heritage
1st American Heritage
1st American Heritage
Summit Title Service
Summit Title Service
Title Comp Rockies
Property
Falcon Pointe 209-46
Falcon Pointe 312-1
Mtn. Vista 43-07
Mtn. Vista 44-07
Mtn. Vista 46-07
Mtn. Vista 47-07
Mtn. Vista 1406 & 1408-50
Mtn. Vista 1410-26
Mtn. Vista 1422 & 1424-15
Lakeside Terrace B-301-12
Benchmark C-6
Benchmark C-12
Barrancas II H-23
Sunridge @ Avon D-311
Town Square Commercial 214
Avon Crossing 1-1202
Avon Crossing 1-1202
Mtn. Star Lot 45
Lot 43 Blk 3 WR
Lot59Blk1 WR
2481 Draw Spur Wildridge
Christie Lodge Timeshare
Christie Lodge Timeshare
Falcon Pointe 0113-43
Falcon Pointe 0205-27
Falcon Pointe 0208-23
Falcon Pointe 0311-27
Mtn. Vista 1712 & 1710 WK 49
Mtn. Vista 1325 & 1327 WK 14
Mtn. Vista 50-07
Total December Revenue
Total YTD Revenue
Total 2007 Budget
Variance, Favorable (Unfavorable)
Amount Received
$ 2,391,355.04
$48.00
$100.00
409.90
549.90
270.00
450.00
90.00
32.00
379.50
140.00
2,000.00
770.00
3,600.00
6,404.00
1,700.00
9,400.00
3,200.00
78,500.00
22,000.00
16,300.00
462.00
$320.00
$26.00
$596.00
$38.00
$50.00
$26.00
$125.00
$112.00
$1,489.80
$149,588.10
2,540,943.14
2,500,000.00
$ 40,943.14
TOWN OF AVON
ACCOMMODATIONS TAX WORKSHEET
Actual YTD Collections
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Town of Avon
Department of Public Works
Memo
To: The Honorable Mayor and Town Council
Through: Larry Brooks, Town Manager
From: Jennifer Strehler, Director of Public Works and Transportation
Date: February 12, 2007
Re: Results of Climate Action Plan Survey & Suggested Next Steps
Summary:
SGM offered many recommendations in their October 2007 Climate Action Plan (CAP). We
evaluated these recommendations with input from Council and staff. We found that many of the
suggestions are already in progress. Other suggestions have been considered by department
and division lead staff and they offer some further suggestions. During the work session, I will
facilitate a discussion to determine where the Town wants to go from here.
Previous Council Action:
The CAP was presented to Council on November 13, 2007. A survey was circulated to Council
and staff in order to determine which of the many recommendations in the CAP have the
greatest degree of interest and support amongst Council and town staff. These high -consensus
items were prioritized and evaluated in further detail by town staff. This memo includes the
survey results and additional analysis.
Background:
The Town of Avon had incorporated many environmentally -friendly policies into our
Comprehensive Plan. Additional goals include taking action to reduce the Town's "carbon
footprint", as discussed in TOA's Climate Action Plan.
Discussion:
Detailed results of the CAP follow-up survey are attached. Staffs evaluation and thoughts on
this information will be presented via a Powerpoint presentation organized by Town department;
highlights are listed below.
Maior Achievements to date - Page 3 includes a list of activities already in progress by the Town
of Avon. Some of our bigger accomplishments to reduce our carbon footprint include:
• Purchased 100% wind -generated electrical power (2008 and on -going) — see attached
confirmation from Holy Cross Energy
• Purchased of diesel-electric hybrid and high -efficiency diesel buses (2007)
Page 1 of 7
• Conducted upgrades to the Avon Recreation Center to improve pool and building
heating efficiencies (2006, 2007)
• Creation of an anti -idling policy to reduce fuel consumption (2006)
• Implemented new e -business systems (e.g., web site, Pentamation, web TV) (2007 and
ongoing)
• Installed more efficient street lights with photo -activation to replace older, damaged, and
dysfunctional lights (2005 and on -going)
• Adopted the IBC which requires energy -conserving building design
• Codified some of the Town's energy and climate -related goals in the Comprehensive
Plan, such as:
— promoting transit -oriented development to reduce fuel consumption
— promoting development of attainable housing for local live -work arrangements
• Taken steps to encourage local live -work arrangements (downpayment assistance,
RETT exemptions)
• Buy some products with recycled -materials content (paper, tires, fertilizer, lockers) and
recycle some of our waste (paper, cardboard, rubber, metal, plastic)
Recommended Action Items — There are many actions that we can take to reduce our energy
consumption and our carbon footprint. Probably one of the first things to do is to consider
adopting a resolution formally declaring our intent to, for example, "Reduce our carbon footprint
from the 2006 level by X percent before the year Y'. With the recent purchase of wind -
generated electricity (in lieu of the usual coal -based power), our carbon footprint will drop from
about 3700 tons to about 1700 tons of CO2 per year; this will not, however, reduce our total
energy consumption. Additional steps, including those that actually conserve energy, were
identified in the survey. Pages 4 through 5 lists the top 20 specific priorities for improvement as
determined from the total score awarded each item by the survey respondents. This second list
also suggests department -lead assignments and offers comments from staff as to the progress
possible and the associated challenges.
Benefits to Pursuing Climate Actions — There are many beneficial reasons why the Town of
Avon may want to take action against climate change. Many of the CAP recommendations
result in a lower life cycle cost which saves taxpayer money in the long term. Our local
economy is dependant on recreation and a quality environment. Target environmental benefits
of recommended climate actions include safeguarding our snowpack and improving air quality.
Such actions benefit residents and guests alike, improve overall "livability", and indirectly build
the local economy and create jobs. Taking action to benefit our environment offers a legacy for
the future and adds distinction to our town's character today.
Page 2 of 7
The following policies and activities, recommended in the CAP, were found to already
being implemented by the Town of Avon:
Section 3 General Policy
GP 1.9b
GP 3.2c
17
Maintain a procedure to identify possibilities for downsizing and/or eliminating vehicles/vehicle use where
applicable.
Require purchasing printers and copiers with duplexing and scanning capability.
Section 4 Building Management
Require ENERGY STAR® or better products, when available, for any new equipment that uses electricity
or natural •as.
Section 5 Fleet Maintenance
19
BM 1.2b
25
FM 1.1b
34
Dedicate funding to transition fleets or portions of fleets to cleaner technology when viable alternatives
are identified.
FM 1.1c
Establish/strengthen a network of regional fleet managers and meet at least annually to compare existing
and proposed maintenance procedures, fuel use intensities, alternative fuel experiences, etc.
FM 1.2a
34
Maintain EPA's "Best Environmental Practices for Fleet Maintenance", or similar policy.
FM 1.4c
35
Review fuel consumption data with each department at regular intervals. Provide annual reports on fuel
use & trends and develop department -specific reduction strategies/solutions.
FM 2.1
36
Establish an anti -idling policy to reduce idle times for buses.
FM 2.2
36
Evaluate hybrid bus routes to optimize their performance.
FM 2.3
36
Replace older buses with newer, cleaner models, especially those manufactured before 1990 [2],
preferably with hybrid buses.
FM 2.5
36
To reduce emissions other than CO2, implement a retrofit/rebuild policy for as many of the current buses
as is feasible.
FM 3.1
37
Asses the total fleet needs and determine areas that the number of city vehicles/vehicle use can be
minimized.
FM 3.2a
37
Purchase hybrid cars that could eventually be converted to plug-in hybrids; conversions will likely be
available for Toyota, Ford and Lexus hybrids.
FM 4.2a
38
Gasoline Powered: Install three way catalysts, similar to those used in cars, to reduce CO, NOx and
particulate matter (PM) emissions.
FM 4.2b
38
Diesel: Install oxidation catalysts to reduce PM emissions by -25%, HC emission by -40% and CO
emissions by -30%.
FM 4.2d
PW 3.1 a
39
43
Rebuild or replace older engines with newer, more efficient technologies.
Section 6 Public Works
Identify street light retrofit possibilities on all Town lights, evaluate cost-effectiveness every 5 years and
install new lights where feasible or when deterioration/damage occurs.
PW 3.1 b
43
Evaluate current street light set times and decrease duration ON where feasible.
PW 4.1
43
Evaluate all irrigation systems to identify potential efficiency gains through reconfiguration and/or pump
replacement.
PW 4.2a
43
Establish a policy to only incorporate native landscaping that only requires irrigation initially.
PW 4.2b
43
Replace non -essential irrigated area with dry (but permeable) groundcover such as cobble, bark, etc.
PW 4.2c
43
Evaluate 'run times' of irrigation systems and reduce watering times and areas as appropriate.
Page 3 of 7
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Department Lead: pa F` �C� C ke G° Comments
Public Works will prepare a fuel -efficient driving flyer. Need TOA-
wide discussion about whether/how to Incentivize employees
to be more energy and fuel efficient.
Builders generally do not meet 'targets', only 'requirements'.
TOA has adopted the IBC which does set minimum standards.
Consider adopting more stringent performance standards,
"Built -green" or LEED certification requirements.
TOA recently implemented employee down payment assistance
program for key positions and added second RETT exemption for
Avon residents. TOA is also evaluating how to offer more
seasonal housing at reasonable rental rates and may add to
master lease apartment pool (e.g., 6-12 month housing for new
hires, for TOA's construction contractors to lower capital project
costs). Valley -wide housing solutions are desperately needed
and require strong cross -jurisdictional cooperation; TOA's
Community Development is taking an active role.
Town Manager currently reviews policies and programs in context
of Town Council's stated goals and resolutions. Consider
Comprehensive Plan amendment to clearly state carbon
footprint reduction goals.
Each division makes their own purchasing decisions; there are no
written purchasing policy documents. All departments recycle
white paper, cardboard, and printer cartridges. Fleet and Transit
purchases 30% recycled paper, recycled tires for buses, and also
recycles motor oil. Public Works uses recycled fertilizer (Nature
Safe®). Room for improvement found for all departments
here.
All TOA facilities are already located either on a TOA bus route or
near a bike trail. The Public Works/Transportation Complex
(employing nearly 100 people) does not have transit service.
Transit -oriented development is already integrated within the
Comprehensive Plan but this goal could be more explicitly stated.
Consider plan amendment that states preference for a new
Town Hall and Public Works Complex to be sited within 1000
feet of an ECO bus stop to provide regional connectivity.
x
x
x
x
x
x
Establish a training program for all town drivers
on fuel efficient driving practices and offer
incentives to reduce fuel consumption.
Establish minimum performance targets for all
new buildings (both public and private
construction).
Evaluate creating/expediting housing
opportunities for staff to live within town limits to
reduce commuting.
Review all major Town policies and programs in
the early stages of development to integrate the
goals and actions set out in this plan and to
identify other ways to reduce related global
warming pollution.
Use recycled products with at least 30% post
consumer recycled -content. Investigate
establishing standards for the purchase of
additional recycled -content products.
Establish policy that requires all new Town
facilities and operations will be sited based on
access to transit, walking, biking, and evaluated
for encouraging more compact land uses.
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Department Lead:c Q,IP c Cro Comments
Forms module being added to TOA web site in 2008 to increase
paperless business processes. Significant room for improvement
is noted here (e.g., timecards, engineered drawings) however
progress will be limited by 1) added cost for software and
hardware, 2) need for more physical space, 3) need for secure
authorization (e.g., timecards). Master Plan for New Town Hall
will identify the necessary amount of server and file storage space
for TOA's Ion tens needs.
Existing TOA buildings already include mature trees and
landscaping. P&Z recommends this practice when reviewing
private construction landscaping plans. Engineering includes
deciduous trees in TOA's building projects.
TOA does not have a formal vehicle trip reduction (VTR) program.
There is a ECO bus pass benefit for employees but very few TOA
employees currently take advantage of it. Administrative Services
will consider changes to this program (e.g., remove usage and
reporting requirements) to encourage mass transit ridership.
Public Works & Engineering will develop a demonstration project
to test and pre -select equipment (1 supplier make/model is
preferred for ease of maintenance). Lake Street project is being
designed to include solar -powered lighted bollards. Engineering
is investigating solar to light the Lake Street bus stop and for the
Phase II Rec Center Master Plan.
Such a form (developed in 2006) is available and can be
completed by staff to accompany major equipment purchase
requests. Purchasing decisions are generally made by
Department Directors based on a cost -to -benefit analysis.
This will be considered when TOA gets closer to developing a
new Town Hall.
Either Public Works or Community Development could lead this
but will need additional staff resources or consultant budget (e.g.,
$30-40K/yr). Consider adding funds for annual benchmarking
Into the TOA budget.
Town is now purchasing 100% of electric power in the form
of wind power from Holy Cross Energy!
X
X
X
X
X
X
X
X
X
X
Incorporate paperless online forms that allow
electronic filing into all processes where
feasible, such as online forms & permits,
electronic time cards, and other web -based
information (as opposed to printed material).
Strategically plant deciduous trees and shrubs
to significantly reduce cooling loads of
buildings, so they provide shade in the summer
months.
Incentivize employees to use alternative modes
of transportation.
Identify photovoltaic installation possibilities on
all Town facilities, evaluate cost-effectiveness
and install systems where feasible.
Establish a budget request procedure and
evaluation criteria for new construction and
equipment purchases geared to maximizing
energy efficiency, minimizing lifecycle costs and
reducing greenhouse gas emissions.
Evaluate the energy/global warming pollution
trade-off of a new Municipal Building.
Update the inventory of GHGs from Town
operations every two years and track related
solid waste, energy, water, economic, and
environmental data monthly starting with 2006
data. Continue to benchmark individual building
ene use on an annual basis.
Explore cost effective opportunities to
partner/nest directly in new larger -scale
renewable projects like wind, photovoltaic,
hydro -electric, and landfill gas systems.
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.y��•° e�`�°fi ado �Department Lead: pa N•O QJ •tQ,GComments
TOA projects attempt to do primarily as a means to reduce on -site
parking demands. Available land limits feasibility of this. Also, it
is not currently possible to enforce for private construction
projects.
This can be done but will generally increase capital costs. Town
Council direction to staff is needed on this.
Franchise Agreements are negotiated via Town Attorney and the
utility provider. Typically commitments are 25 year plus. TOA
can send a written customer -request to utilities to provide
such reports.
Public Works is proceeding with design of a new bus barn and will
evaluate feasibility of including net -metering solar power in this
building.
Fleet will do this.
Consider creation of dedicated fund in next budget cycle.
TOA does not believe payback period should be the only factor in
selecting possible energy -saving activities. The appropriate
payback period should be determined relative to the life of the
asset (e.g., 3-5 years for electronics, 12 years for buses, 25+
years for buildings).
Not very feasible since TOA does not own any residential units.
TOA holds master leases for a small number of apartment units (4
total), all located in larger complexes and does not have control
over appliances, light fixtures, or key fixed assets.
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Work with the construction industry and
transportation providers to reduce vehicle trips
to and from construction sites. This could
include new services for shuttling workers, tools
and materials.
Require all town -funded construction and
remodel projects to exceed the International
Energy Conservation Code by 15%.
Require franchise agreements with electric and
natural gas utilities to provide annual reports of
community -wide energy use/emissions broken
down by sector.
Consider the energy/global warming pollution
benefit of parking buses in a heated structure to
eliminate idling time.
Increase the average fleet fuel efficiency of all
vehicles in the Town fleet by 10% by 2010.
Establish a 'Municipal Energy Fund' that
dedicates a percentage of new
capital/replacement expenditure to energy
efficiency projects.
Invest in all energy solutions with a simple pay
back of 10 years or less.
Explore requiring audits (aka Home Energy
Rating) of all town -occupied* units, funded by
the Town. Improve audited units to the ENERGY
STARS level or better.
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Financial Implications:
Although there are simple, low-cost activities that TOA can take to reduce our carbon footprint,
the activities with the most significant beneficial impact also appear to have the highest cost,
including:
• Create incentive program for TOA employees to reduce energy & fuel consumption
• Adopt more stringent performance standards for construction (e.g., 15% above IBC,
"Built -Green" or LEED certification)
• Install solar -powered systems on existing and new buildings
• Fund regional housing initiatives
• Conduct more business electronically (e.g., "go paperless")
• Build an indoor equipment storage facilities (e.g., bus barn) to reduce fuel consumption
and extend equipment replacement schedule
• Establish a new fund dedicated to energy -conservation efforts
The projected cost of these recommendations has not yet been quantified to any extent. A
ballpark estimate to fund the above list is about $75,000,000 (present worth for 2008). This
estimate does not include the resulting savings from energy conservation or other potential
benefits to the town which may result from implementing the above recommendations (e.g.,
attract more long-term residents, lower insurance costs, increased employee retention). To best
manage impacts to the town's annual budget, carbon footprint reduction measures should be
phased -in over time.
Recommendation:
It is my recommendation that we first take a moment to celebrate the contributions we have
recently made to manage our carbon footprint. We also should recognize the strategic position
we are now in - this position offers us the opportunity to shape our town image and manage
organizational change to address climate change to the degree we choose. There is
agreement that it will be much easier for us to build -in energy efficient measures at the planning
and design stage, rather than to later try to retro-fit older facilities after the fact.
If there is a consensus amongst Town leadership that self -imposing restrictions on our total
energy consumption and carbon footprint is a priority, then we should proceed to develop
specific goals, projects, policies, and processes that support this objective. There is no one
silver bullet.
Town Manager Comments:
L_.
Page 7 of 7
IIF \ RT ni the \ VI I F1
Memo
A
COLORADO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann, Assistant Town Manager
Community Development
Date: February 12, 2008 Meeting
Re: Joint Work Session with the Eagle County School Board Members
Summary:
The purpose of the scheduled work session is to provide an opportunity for the Town Council
and the Eagle County School Board, and it's representatives, to discuss their respective
positions relative to the manner in which the Village at Avon will satisfy their current school
site dedication obligation, pursuant to Section 4.3(f) of the Village at Avon Annexation and
Development Agreement. Specifically, whether land dedication or payment in lieu is the
appropriate manner in which to satisfy the obligation.
Staffs understanding, since the original approval of the Annexation and Development
Agreement in 1998, has been that there would be a land dedication for eventual construction
of a school. Staff is unaware of any prior discussions that contemplated a payment in lieu
scenario. This is founded in large part by: (1) the fact that Planning Area G (approximately
7.3 acres) is identified on the PUD Development Plan with the intended use as a school; and
(2) representation made by the School District (see attached letters) as recent as 2006 that it
anticipated conveyance of land by the developer for a school. The 2006 letter from the
District, which is attached to Ordinance No. 06-17, goes to great length to describe the
characteristics of the land (i.e. site area, minimum buffering, grades) and the improvements
necessary (access and utilities) prior to the conveyance of the site to the District.
Furthermore, correspondence from the School District in 1998, commenting on the
Annexation and Zoning application, states that "...the school district is requesting the full
8.691 acre minimum dedication requirement and "no cash in lieu."
With respect to final determination of land or payment in lieu, Chapter 16.50 of the A.M.C.,
states that "the Town, with recommendation from the school district, may require in lieu of
such conveyance of land, the payment of an amount not to exceed the fair market value of
such sites for schools." Staffs recommendation is that land dedication would be the
preferred method of satisfying the obligation. Understanding that the position of the District
may have changed due to updated student projections or the development of other school
sites in the area, it is important that the District be prepared to discuss their position and the
rationale behind their position, including any relevant student population projections.
Background:
As the Council is aware, an amendment to the Village at Avon PUD Development Plan was
approved on January 23`d, via Ordinance No. 06-17 (attached), which effectively relocated
Planning Area G from a location north of 1-70 and immediately adjacent to the western edge
of RMF-1, to the middle of the northern part of Planning Area D. Planning Area G is 7.3
acres and the uses associated with the Planning Area include educational and recreational
uses. The above referenced amendment was the second of two amendments to the Village
at Avon Development Plan, the first being processed administratively in 2003.
Town
Manager
Comments:
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Attachments:
Ordinance No. 06-17
Meeting Minutes from the January 23`', 2007 Council Hearing
Chapter 16.50 of the Municipal Code (School Site Dedication Requirements)
Section 4.3(f) of the Village at Avon Development Agreement (School Site Dedication
Requirements)
Eagle County School District Correspondence dated June 16, 2006; October 10, 2003;
and August 13, 1998
Town Council February 12, 2008 Regular Meeting
200?05490
03/02/200?
EAGLE COUNTY. CO
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TOWN OF AVON
ORDINANCE NO.06-17
SERIES OF 2006
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AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT
APPLICATION AMENDING THE VILLAGE AT AVON PUD DEVELOPMENT PLAN
BY RELOCATING PLANNING AREA G, FROM PLANNING AREA RMF-1, FILING 3,
VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT
AVON SUBDIVISION.
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to
formally amend the existing PUD Development Plan for the Village at Avon by relocating Planning Area
"G", approximately 7.3 acres (and commonly known as the school site), from Planning Area RMF-1 to
Planning Area "D". The result of which would increase the size of Planning Area RMF-1 by
approximately 7.3 acres and decrease the size of Planning Area "D" by approximately 7.3 acres; 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 21st, 2006, 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 Amendment; and
WHEREAS, following such public hearings, the Planning & Zoning Commission
forwarded its recommendation for conditional approval on the PUD amendment application to
the Town Council of the Town of Avon through Resolution 06-17; and
WHEREAS, after notices provided by law, this Council held a public hearing on
December 121h, 2006, January 9th, 2007, and January 23, 2007, at which time the applicant and
the public were given an opportunity to express their opinions regarding the proposed PUD
Amendment; and
WHEREAS, based upon the evidence, testimony, exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said
application appears to comply with the following PUD review criteria set forth in Section
17.12.110 of the Avon Municipal Code, including the following:
1. Conformance with the Town of Avon Comprehensive Plan goals and
policies as required by 17.20.110H (1);
a. Village at Avon West District Planning Principles:
Buffer schools from commercial uses by
surrounding them with residential development or
open space.
b. Policy J.2.3: Ensure that annexations and new
subdivisions include and or provide for community
services and facilities (i.e. schools, transit, fire,
affordable housing, etc.) based on increased
demand created by those developments.
2. The proposed school use and activity provide a compatible, efficient, and
workable relationship with surrounding uses and activity as required by
17.20.110H (4).
WHEREAS, this PUD Amendment provides evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Village at -Avon PUD to relocate Planning Area "G", from
Planning Area RMF-1, Filing 3, Village at Avon Subdivision to Planning Area "D",
Filing 1, Village at Avon is hereby approved, subject to the following conditions:
1. Traer Creek LLC, the property owner, must submit a complete site specific
geotechnical investigation report for review by staff within 6 months of the
effective date of this ordinance, including investigation of access to and from the
site. Based on the findings of the report, if the property owner determines it is
commercially feasible to comply with the conditions set forth below, it 'shall,
within 60 days thereafter, execute a written agreement with the Town of Avon and
the Eagle County School District to convey the site to the Town of Avon in
accordance with Chapter 16.50 of the Municipal Code, for the benefit of Eagle
707966.3
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County School District, and in accordance with the following (collectively, the
"Criteria"): (A) the agreement shall incorporate and otherwise address the criteria
outlined in the School District Letter dated January 3, 2006 (Exhibit "A"), and
shall be substantially in the form of the draft agreement referenced in the initial
paragraph on page 2 of the School District Letter; (B) the Town of Avon
Subdivision review criteria (Title 16 of the Municipal Code); (C) Section I.5
(Design and Improvement Standards) of the Village at Avon PUD Guide; and (D)
the terms and conditions of the Village at Avon Annexation and Development
Agreement, including but not limited to Section 4.3(f). In the event the property
owner determines that it is not commercially feasible to comply with the foregoing
conditions, the property owner shall give written notice to the Town and the
School District that it intends to move the school site. Within 6 months after
giving such notice, Traer Creek, LLC must designate in writing a minimum of two
2) alternate school sites within Planning Areas A (excluding the portion thereof
( Cdescribed in Exhibit "B"), B, C, D, E, and/or F, and submit an application to
amend the Village at Avon PUD to provide for an alternate site that satisfies the
Criteria. Prior to designating such alternate school sites, Traer Creek, LLC shall
engage in an informal cooperative site evaluation process with designated
representatives of the Eagle County School District and the Town for the purpose
of evaluating potential alternative school sites within The Village at Avon for
consistency with the Criteria. Within 60 days after final approval of the PUD
amendment, the Eagle County School District, the Town and the property owner
shall execute a written agreement with respect to such site as described above in
this Section 1.
2. In order to assure that alternate school sites are not developed for other purposes
prior to the property owner's compliance with condition #1, the applicant has
agreed that it will submit no applications for further subdivision or issuance of
building permits for Village at Avon PUD Planning Areas A (excluding the
portion thereof described in Exhibit "B"), B, C, D, E, and/or F, ) or any of them,
until the applicant and/or property owner has complied with condition #1. If the
property owner satisfies condition #1 by entering into the agreement regarding the
school site as located within Planning Area D, the restriction of this condition 2
707966.3
shall be lifted immediately upon mutual execution of the agreement by the parties.
Alternatively, if the property owner satisfies condition #1 by designating at least
two (2) proposed alternate sites and submitting a PUD amendment therefor, the
sites so designated will remain subject to the foregoing restriction pending final
action by Town Council to approve the PUD amendment for the relocated school
site, and the restriction shall be lifted as to all other sites within Planning Areas A,
B, C, D, E and F immediately upon submission of such PUD amendment
application. Upon approval of the PUD amendment for an alternate school site,
the restriction shall be lifted as to the remaining designated alternate sites.
3. Traer Creek LLC, the property owner, shall submit a complete subdivision
application, consistent with the criteria set forth in Condition #1 above, for the
subject property no later than six (6) months from the date of a request for
conveyance of the site by the Eagle County School District, or at the time of the
subdivision of Planning Area D (or if an alternate site is approved as provided
above, at the time of the subdivision of any Planning Area abutting the alternate
Planning Area G location), whichever is earlier, and it shall diligently and
reasonably pursue such application until approval. Traer Creek, LLC shall convey
Planning Area G to the Town for reconveyance to the School District in
accordance with Chapter 16.50 of the Municipal Code, no later than 30 days after
the approval of final subdivision plat for Planning Area G is. approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this lam day of Ze-ea-NL'i�.. , 2006, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the citt day of,
, 200'6, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
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ATTEST:
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
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POSTED the 3day of, 11 , 2007.
Town of on, Colorado
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Mayor
APPROV D AS TO
FORM: F kA
Town Att rney
707966 3
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Exhibit "A"
Ordinance No. 06-17
F.O. BOX 740 • EAGLE, COLORADO 81631 • 870.323.6221 • FAX 970.328.1024
January 3, 2006
Honorable Town Council Members
Town of Avon
PO Box 975
Avon, CO 81620
RE: VILLAGE AT AVON - SCHOOL SITE
Dear.Council Members,
Thank you for the opportunity to provide comments on the proposed relocation of the school site
at the Village at Avon dated September 2005. We understand that this draft PUD Amendment
has not been officially submitted to the Town of Avon at this time; however, we felt it was
important to provide the school district's perspective of this relocation as the Town works
through the submission process.
•
The school district is conceptually in favor of the September 2005 proposal which includes
moving the 7.3 acre school site Area G from RMF-1 to a 7.3 acre site within planning area D
south of 1-70. This proposal is consistent with the community input meeting held by the school
district on November 17th, 2004, and the Board of Education meeting on December 8th; 2004, in
which the Board of Education requested that Traer Creek LLC proceed with planning the school
site within planning area D.
As this planning process continues, the school district would respectfully request the following
considerations are applied to this new school site within planning area D:
• Access and all utilities are delivered to the school site boundary at the developer's
expense.
• As school buildings, parking lots and athletic fields require large, flat footprints, we
would request that the entire 7.3 acres be buildable and that the slope of the property be
minimal. We recommend that, at a minimum, 80% of the School Site shall have a slope
of 10% or less and the balance of the School Site shall have a slope of 20% or less.
• The school site should be adequately buffered from any proposed commercial
development by either residential land uses or a community park.
• The timing of when the school site is available for development is critical. The Board
requests that a reasonable development phasing plan be established to ensurethat the
school site is prepared and ready for development commensurate with the pace of
residential development within the project.
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Finally, the district continues to be interested in entering into a school site agreement with the
school district, Traer Creek LLC and the Town of Avon detailing these items.. A drab of an
agreement has been produced and can be updated to be included in the PUD that relocates the
school site within Area D when necessary.
The Board of Education continues to be adamant that the school site should have access, utilities:
topography and location to allow for a quality educational facility to be constructed.
Additionally, the Board believes strongly that a site must be identified and agreed upon prior to
approval of the PUD amendment.
We look forward to working.with you and Traer Creek LLC to identify and plan the future
"school site in the Village.at Avon development. We believe that in working together we can
jointly locate and finalize a superior school site for the residents of the Avon area. Thank your
for your time and consideration.
Sincerely,
7
Karen Strakbein •
Assistant Superintendent for Business Services
Cc Larry Brooks, Town Manager
Board of Education
John Brendza, Superintendent
Dan Leary, TraerCreek
PROPERTY DE:, .PTION
That part of Lot 1, Amended Final Plot, The Village (at Avon) Filing 1, according to the
mop thereof recorded in the office of the Eagle County, Colorodo, Clerk and Recorder,
described os follows:
Beginning at the southwest corner of said Lot 1; thence along the west property line 'of
said Lot 1 N18'56'47"E 998.74 feet to the south right—of—way line of Interstate
Highway No. 70; thence, along said right—of—way S53'54'37"E 233.30 feet; thence,
732.73 feet along the arc of a non tangent curve to the left having a radius of 5950.00
feet, o central angle of 0703'21", and o chord that bears S66'47'58"E 732.26 feet; thence,
deporting said right—of—way S39'40'23"W 994.15 feet to the northerly right—of—way
of the Denver And Rio Grande Railroad; thence along said right—of—way
N65'54'27"W 603.77 feet to the Point of Beginning, containing 17.00 acres, more or
less.
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MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 23, 2007
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and
Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager
Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott
Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public
Works/Transit Director Bob Reed as well as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
There were two items to carry forward from the work session to Unfinished Business: Update
on Beaver Creek marketing & Community Development projects. Dunn asked about ex parte
contact regarding second reading on the Village at Avon PUD hearing, there were no responses
from council members.
COMMUNITY INPUT
Julie Dacivo, owner in Sunridge Apartments, commented on the excessive speeding and
extreme difficulty in crossing Highway 6 & W. Beaver Creek Blvd. She requested that the town
work with other jurisdictions in improving the pedestrian way at this intersection, including
Beaver Creek owners, the State Highway Department and enforcement agencies. Suggestions
were made to making some immediate improvements. Town Manager Larry Brooks noted the
need for a meeting of several agencies is in order to discuss overall transportation & parking
needs in the Avon area.
Brian Kozak, Police Chief, Avon Police Department, presented awards of recognition for police
officer activity. Both Dave Wineman and Mike Lundblade were recognized for their work in the
community.
STAFF UPDATES
Bob Reed, Transit Director, presented an update on the ramifications of adding a Wildridge
Shuttle Bus route to Avon's Transit System. There was Council consensus to direct staff to
conduct a survey to help determine the needs of the Wildridge residents. In light of possible
new development in that area, it was agreed that now is a good time to investigate further
whether or not the needs are being met.
Several questions were asked regarding the Financial Reports included in the Council packet,
related
NEW BUSINESS
Rhonda Neiderhauser, Avon Business Association, presented the map of Avon, noting that the
business owners thought it would be beneficial to have maps in the stores to distribute to
patrons. It was noted the Town awarded $1500 from the 2007 budget for the map. Some of the
suggestions included the following: more town markers in the map, label the Eagle River,
disclose the Westin resort location, include the gondola, increase the size of 1-70 road. It was
asked that they provide Vail Visitor's Center some maps as well. The ABA Business Mixer
would be held the following evening at Challenge Outfitter's Store; all were invited to attend.
Brian Kozak, Police Chief, presented several recommended changes to the Avon Municipal
Code related to the control of animals. He noted that the police department held a
neighborhood meeting in Wildridge and spoke about numerous topics and concerns, one of
which was dogs at large. He commented on several revisions to the code as follows: 1) dogs in
common areas, 2) licensing, 3) dog clubs, 4) voice control. He outlined current requirements of
the code, leash law, common property requirements as well. He noted that the number one
priority is public safety in any legislation. Mayor Wolfe opened the public hearing and the
following people were heard:
• Kathy Ryan, resident of Beaver Bench Condo Assn, suggests that enforcement of dogs
off leash should not be allowed on private property
• Tom Hicks, Canyon Run Condo Assn, their current rules are similar to the current code,
which he supports especially related to the common property requirement; they struggle
with enforcement on their property
• Jane Leavitt, Wildridge resident, asked Council to consider reviewing several definitions,
"dogs -running -at -large, control of animal, and common areas", evaluate the content of
the complaints, ask if the laws are addressing complaints, and if the code could address
smaller multi units with common areas vs. larger multi unit complexes
• Ellen (last name?) commented on the lack of enforcement around the lake area, does
not support any changes
• Dr. Natalie Duck & representatives from Eagle County Animal Control, encouraged
council to keep strict rules otherwise enforcement is extremely difficult
• Richard McReady, Wildwood resident, agrees with current laws in the Code and doesn't
see enough enforcement
• Michelle, Avon resident, asked if town would consider creating a dog park, possibly the
lower bench of Wildridge park near Old Trail would serve that need
• Greg Barry, Wildridge resident, asked that police officers not be quite so zealous in
enforcement of the dog ordinances
• Neil, Wildridge resident, asked that homeowner's decide upon the rules for their multi
unit complexes
• Julie Dacivo, Sunridge resident, suggested leaving the rule making to the homeowner's
associations
Council comments & questions addressed the following topics:
• Whether or not there was any support to revise the common property stipulation
• What authority does an association have to enforce the laws
• The pros & cons for voice control
• The possibility of a need to have different laws for different areas
• The content of the complaints; review police records regarding complaints
• Discussion about the rules in various Eagle County locations, i.e. Edwards, Vail, etc.
• Review high traffic areas vs low traffic areas when determining restrictions
Larry Brooks, Town Manager, noted that staff now understands and knows the different property
for ticketing purposes; he stated that staff needs to know how much of a problem this is by
reviewing the complaints for all of Avon and then to address whether or not there should be
code revisions. It was suggested that staff continue to study the problem and return with
possible recommendations.
Regular Council Meeting Page 2 of 4
January 23, 2007
APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
Eric Heidemann introduced again on second reading Ordinance No. 06-17, Series of 2006, on
Second Reading, An Ordinance Approving with Conditions, a PUD Amendment Application
amending the Village at Avon PUD to Relocate Planning Area G, from Planning Area RFM-1,
Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision.
He noted that the application amendment proposes to relocate approximately 7.3 acres of
Planning Area "G" from Planning Area RMF-1, Filing 3, Village at Avon Subdivision to Planning
Area "D", Filing 1, Village at Avon. He noted that Dominic Mauriello and Munsey Ayers would
be representing the applicant. He reviewed the numerous readings that have taken place on
the ordinance, he noted the Formal Amendment Number One to the PUD Guide as an
attachment that will finalize the action to the PUD Guide, and recommended approval of the
ordinance. Town Attorney John Dunn noted that the Town would ultimately have the final say
on the selection of the school site and with input from the Eagle County School District. Some
discussion ensued on the topic of the groups selecting the school site and how that works, how
the applicant arrived at the voluntary stand down to development of future sites identified, and
the need for Formal Amendment number One, with questions related to the allowed uses
description in the agreement, #2. Eagle County School District Representative Karen Strakbein
noted that the letter included as Exhibit A to Ordinance No. 06-17, was submitted by the District
outlining their requirements and it was acceptable that this criteria be used to assess any other
parcel that might be considered if that were the case.
Mayor Wolfe opened the public hearing. Dick Cleveland, representing ECO Trails, asked that
Council not forgot the mission of ECO trails & their goals to connect Dowd Junction to Avon with
a core trail through the Village at Avon properties. He noted that there was not a specific
timeline for construction, but would really like to get the topic at the forefront of discussions with
the Village at Avon property owner, especially in light of any further PUD amendments to the
project. The hearing was closed.
Councilor Dantas moved to approve Ordinance No. 06-17, Series of 2006, An Ordinance
Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD
to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon Subdivision
to Planning Area D, Filing 1, Village at Avon Subdivision. Mayor Pro Tern Sipes seconded the
motion and it passed unanimously with a roll call vote.
Unfinished Business
Rich Carroll reviewed the materials distributed related to Beaver Creek Marketing efforts. Eric
Heidemann, Community Development Director introduced new planner Jarod Barnes to
Council. He then provided updates on the following: West Town Center Public Investment
Plan, East Town Center Master Plan, Parking Code Revisions, West Avon Trails, pending
proposed new developments, and Energy Audit Grant Application. It was also noted that the
proposed housing legislation should see a joint meeting of the P&Z Commission & Town
Council at first meeting in March with a couple public hearings to follow.
TOWN MANAGER REPORT
Town Manager Larry Brooks again raised the topic of skier parking over the holiday weekend
and his observations. He commended public works & transit staff for their efforts in helping
people that day and noted that the town will need to address this with multi jurisdictions
involved, moving towards a long-term plan to meet the needs of parking and transportation.
Regular Council Meeting Page 3 of 4
January 23, 2007
TOWN ATTORNEY REPORT
Town Attorney John Dunn presented a final update on the Cassidys sales tax case and noted
that the Town received its money. He noted that the court case with regards to the lodge in
Wildridge would probably be another four months before matter is set for oral argument.
MAYORS REPORT
Mayor Wolfe commented on meetings taking place to discuss the topics of housing in the
region. He noted the efforts of the recently formed Blue Ribbon Housing Panel as trying to
evaluate the problems and come up with a series of solutions & tools to address the issues.
OTHER BUSINESS
A reminder was made that on Sunday January 28th the Eagle Valley Library District would be
hosting the consultant on the Nottingham Water Wheel (located on the Eagle River behind
Canyon Run) to present the recent decision made by the Colorado Historic Society to add that
location to the list of historic sites in Colorado.
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda. Mayor Pro Tem Sipes moved to
adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a) Minutes from January 9, 2007
b) Auditor's Engagement Letter with Clifton Gunderson Accounting Firm / Audit services for
the Town's 2006 financial statements
c) Eagle River Access Project, Design Proposal, Marcin Engineering / Civil engineering
design services for the improvement of access to the Eagle River
d) Service Agreement for Western Eagle County Ambulance District
e) Service Agreement for Eagle River Fire Protection District
f) Service Agreement for Eagle County Ambulance District
There being no further business to come before the Council, the regular meeting adjourned at
8:30 PM.
RESPECTFULLY SUBMITTED:
c(Any
Py nattIjAt;F�en Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 4 of 4
January 23, 2006, 1ccri
Subdivisions — School Site Dedications
Section 16.50.010
CHAPTER 16.50
School Site Dedications
16.50.010 Purpose.
It is declared to be the policy of the Town that
whenever there is an annexation of property into
the Town for residential development purposes, the
owner of the land shall provide land for school
needs generated by the proposed residential use. It
is the purpose of this Chapter to require the dedi-
cation of land or the payment of fees in lieu thereof
directly for the benefit of the school children of the
Town. (Ord. 94-1 §1(part))
16.50.020 School land dedication or cash in
lieu thereof.
(a) Whenever an annexation of land occurs for
residential subdivision, the owner shall allocate
and convey school sites to the Town when they are
reasonably necessary to serve the proposed subdi-
vision and future residents thereof by the applica-
tion of the formulas set forth below:
(1) Single-family and duplex or primary
secondary: Number of units x .014495 = dedi-
cation requirement in acres.
(2) Multi -family: Number of units x
.002676 = dedication requirement in acres.
(b) Upon request of Eagle County School Dis-
trict RE 50J ("the school district"), the Town shall
convey any school sites or site to the school dis-
trict. Upon determination by the Town, with rec-
ommendations from the school district, that any
school site is not reasonably necessary to serve the
proposed subdivision and future residents thereof,
the same may be used for municipal purposes.
(c) When sites for schools are not reasonably
necessary to serve the proposed subdivision and
future residents thereof, the Town, with recom-
mendations from the school district, may require,
in lieu of such conveyance of land, the payment of
an amount not to exceed the fair market value of
such sites for schools. The spending of any fees
collected under this Chapter shall be determined by
the Town with recommendations from the school
district.
(d) Fair market value means the current fair
market value of unimproved land in the area and
shall be set by the Council on a per -acre basis. If
the subdivider does not accept such valuation, it
may submit a report by a qualified appraiser. If
one is submitted, the Council shall review the
report and determine the value of the land, which
determination shall be final. (Ord. 98-9 §1; Ord.
94-1 §1(part))
16.50.030 Application.
This Chapter shall apply only to land annexed
to the Town after February 1, 1994. The Town
Council finds and determines that adequate school
sites have been dedicated to serve all land located
within the Town on that date. (Ord. 94-1 § 1(part))
16.50.040 Town exempted.
The Town is exempted from the requirements
of this Chapter. (Ord. 94-1 §1(part))
CHAPTER 16.52
Enforcement and Penalty
16.52.010 Enforcement.
It shall be the duty of the Town Council, or its
duly appointed representative, to enforce the provi-
sions of these regulations. No final plat of a subdi-
vision shall be approved by the Town Council
unless it conforms to the provisions of these regu-
lations. (Ord. 79-9 §2.03.01)
Supp. 3
16-37
3*
•
•
•
snowplowing, or (ii) a two-lane paved general circulation road, in which case the Swift Gulch
Road Improvements shall be constructed, within one (1) year after receipt of such written notice
from the Town Council, with grades not exceeding ten percent (10%), and otherwise in,
accordance with the road standards set forth in the PUD Guide.
(d) When' required for actual use by the Town, or earlier if determined by
Owner or the applicdble District, Owner or the Districts shall convey to the Town one or more
parcels of land south of Interstate 70 (up to a maximum of three (3) parcels, the actual number of
which shall be designated by the Town within ninety (90) days after request from Owner or the
applicable District to do so) aggregating approximately four (4) buildable acres, provided that no
such parcel shall be larger than two (2) buildable acres, the locations. of which shall be
designated by. Owner or the applicable District, to' be used exclusively for the Town's
construction and operation of a public works facility and fire station (collectively, the "Public
Works Dedication"). Such construction and operation shall comply with the terms of the
Development Plan and architectural standards and design guidelines established by the Design
Review Board. .At least ninety (90) days prior to commencing construction of any improvements
on any such site or sites, the Town shall deliver to the Design Review Board copies of plans for
such improvements. Owner or any District may at its sole option and at. its sole expense,
upgrade all or any portion of the exteriors of such improvements.
(e) Owner shall remit to the Town, within thirty (30) days after Final
Approval has occurred, an amount sufficient to reimburse or pay the Town for all third -party
consultant fees and expenses actually incurred by the Town in reviewing, analyzing and
approving annexation of the Property to the Town and' satisfying all conditions set forth . in
Section 2.2 through and including the date of Final Approval, including, without limitation,
legal, accounting, engineering .and other consulting fees and expenses and all application,
processing and other fees charged by the Town in connection with considering and approving all
matters contemplated in this Agreement through and including the date of Final Approval,
provided, however, that under no circumstances shall the liability. of Owner under this
subsection (e) exceed $50,000.00 in the aggregate. The Town shall deliver to Owner a statement
itemizing all of the foregoing fees, expenses and charges in reasonable detail.
(f) . . As and when required, Owner shall make any conveyance of land or cash
in lieu thereof in compliance with the Town's school site dedication requirements in effect as' of
the date of this Agreement (the "School Site Dedication"); provided, however, that
notwithstanding anything to the contrary set forth in the Municipal Code or any other statute,
ordinance, regulation or the like, any conveyance of land made in whole or partial ' satisfaction of
the School Site Dedication shall be used exclusively for school, outdoor recreation, parks or open
space purposes and for no other use or purpose (including municipal purposes) without the Town
having first obtained Owner's written consent, which consent may be given or withheld in
Owner's sole'discretion. Any such use shall comply with.the terms of the Development Plan and
shall be subject to review by the Design Review Board.
• (g) 'Subject to all required rights -of -way, permits, and approvals having been
obtained, one.or both Districts shall cooperate with the Eagle -Vail Metropolitan District or other
appropriate entity in construction of the two roundabouts listed below; and shall fund to the
appropriate entity fifty percent (50%) 'of the costs incurred by such entity, in constructing a
340113.19 RAGIJJW
1111111 n� milli ilia nisi iim� igoiiu u in
12 of 36 161.06 D 0.06 N 6.00 Eagle CO
36
EAGLE COUNTY SCHOOL DISTRICT RE 50J
P.O. BOX 740 • EAGLE, COLORADO 81631 • (970) 328-6321 • FAX (970) 328-1024
October 10, 2003
Honorable Town Council Members
Town of Avon
PO Box 975
Avon, CO 81620
RE: VILLAGE AT AVON - SCHOOL SITE
Dear Council Members,
Thank you for the opportunity to provide comments on the proposed school site at the Village at
Avon. This is a very complex issue that has generated a great deal of public interest. We
understand the difficult task you have at hand as you review the PUD amendment and appreciate
the chance to provide input into the merits of the school site.
At the October 8, 2003, Board of Education meeting we discussed the proposed PUD
amendment and changes to the school site. The Board of Education was adamant that the school
site should have access, utilities, topography and location to allow for a quality educational
facility to be constructed. Additionally, the Board believes strongly that a site must be identified
and agreed upon prior to approval of the PUD amendment.
The Board is in agreement that the nine -acre "Alternate School Site" on RMF-4 as depicted on
the PUD amendment has the amenities of utilities, topography and location, however, it does not
currently have access. The "upper mountain road" is not acceptable access to this site. When
access is obtained, the District supports the school site being moved from RMF-1 to RMF-4.
However, the school district believes that a school site other than the RMF-4 site should be
identified in the PUD Amendment in case the access to RMF-4 is not resolved in a timely
manner with the US Forest Service.
Currently, the developer has identified Area G in RMF-1 as the School Site. This site is not
acceptable to the school district. A new elementary school of 65,000 square feet and the related
parking and playground would require the full 7.3 acres to be buildable. The topography of Area
G does not allow for the full site to built upon, and if mitigated, the District has concerns around
future rock fall and slides. Additionally, the new location is across from Area Q that is being
requested to be zoned commercial. The Board believes strongly that the school site should be
adequately buffered from any proposed commercial development by either residential land uses
or a community park.
At this time, the developer, the District and the Town have not been able to finalize the terms of
the Agreement Concerning School Sites. We believe that we can continue to work with the
developer and Town to identify an appropriate backup site that meets the needs of access,
utilities, topography and location for the school district. We know this is just one of the many
complex issues surrounding this application and would request time to sort this out with the
developer and Town.
If action were absolutely necessary by the Town Council, the Board would respectfully request
the following general conditions are applied to any school site:
• The District requests that in their review process the Town provides written assurances that
access and all utilities are delivered to the School Site boundary at the developer's expense.
• As school buildings, parking lots and athletic fields require large, flat footprints, we request
that the Town support the District in establishing reasonable slope standards to ensure that a
school building and related facilities could be built on the site. We recommend that these
standards be set at a minimum of 80% of the School Site shall have a slope of 10% or less
and the balance of the School Site shall have a slope of 20% or less.
• The school site should be adequately buffered from any proposed commercial development
by either residential land uses or a community park.
• The timing of when the school site is available for development is critical. The Board
requests that a reasonable development phasing plan be established to ensure that the school
site is prepared and ready for development commensurate with the pace of residential
development within the project.
Finally, there seems to be some uncertainty regarding the proposed amendment and the total
number of units approved in the current PUD. The current 7.3 acre school dedication was
calculated based upon 2,400 units. The amendment appears to allow for up to 2,710 units. If it
is accurate that the number of approved units is increasing, we would request that the school land
dedication be increased based upon the Town's land dedication requirements.
Thank your for your time and consideration. We will have representatives at your upcoming
Town Council meeting to answer any questions you may have. Additionally, we have scheduled
time at our October 22nd work session to continue to discuss the agreement.
Sincerely,
Barb Schierkolk
President, Board of Education
CC Traer Creek Development
Larry Brooks, Town Manager
Dan Bernard
Tom Braun
EAGLE COUNTY SCHOOL DISTRICT RE 50J
P.O. BOX 740 • EAGLE, COLORADO 8]631 • (970) 328-632] EXT. 23 • FAX 1970) 328-1024
June 16, 2003
Town of Avon Community Development Department
PO Box 975
Avon, CO 81620
RE: The Village at Avon PUD Amendment Z-PU2003-2
Ladies and Gentlemen,
The Town of Avon Planning & Zoning Commission is hearing the PUD amendment for The
Village at Avon. The PUD amendment does not change the school land dedication requirement
and the developer -identified 9 -acre parcel in Tract M meets the dedication requirements. The
site will most likely be developed as an elementary school and the developer has insured that our
current elementary footprint will fit on the site.
Additionally, with the identification of all school sites, the school district requests that utilities be
delivered to the school site property line and that the property have both a primary and secondary
access for emergencies. Utilities include water, sewer, natural gas, telephone/data, cable and
non -potable water if being used in the immediate development. The school district supports the
primary access that is directly north of the interstate/river as this is the most direct route to the
site. The proposed roadway that winds down the mountain from the north would be seen as the
secondary access.
Thank you for contacting the school district regarding this PUD amendment. I can be reached at
328-2747 if you have any questions.
Sincerely,
Karen Strakbein
Director of Finance
1.c�r a.cc Eve'/'Y Saaew a ?CPI 5,r e<-04
08/17/98 10:30 1,970 128 I
EAGLE CO SCHOOLS la 002/002
EAGLE COUNTY SCHOOL bISTRICT RE 50J
P.O. BOX 740 • EAGLE, COLORADO 81631 • (970) 328.6321 • FAX (970) 328-1024
August 13, 1998
Ms. Karen Griffith, Town Planner
Community Development Department
P.O. Box 975
Avon. CO 81620
RE: The Village at Avon Annexation, Zoning and Sketch Plan
Dear Karen,
The Village at Avon Annexation, Zoning and Sketch Plan is being presented Avon Planning and
Zoning Commission on August 18, 1998. This plan contains 192 single-family housing units
and 2,208 multifamily units. This results in a land dedication requirement of 8.691 acres as
calculated on page 30.
The Sketch Plan as submitted has allowed for only 7.3 acres to be dedicated. The district
standard for an elementary school site is currently 10 acres, a middle school site 15 acres and a
high school site 25 acres. Therefore, the school district is requesting the full 8.691 acres
minimum dedication requirement, and no cash-in-leui of land. Additionally, a Sil110 acres is
requested, although this does exceed the required dedication.
As this is a Sketch Plan, sufficient detail is not available to calculate the exact requirement based
upon firm number and type of housing units. The district reserves the right to update this
calculation based upon actual housing units at final plat. Single family units and duplexes are
calculated using the single-fiunily rate. Town homes and condominiums use the multi -family
rata
Finally, the setback requirements, maximum height requirement and parking requirements as
outlined in section F.S. planning area G -School is not subject to local community development
review. We make every attempt to involve the immediate neighborhood, and general public, in
the design of school facilities. Our desire is to build schools that will be assets to the
community, both functionally and visually. But, the district cannot be held to any requirements
with this Sketch Plan.
If you have any questions, please don't hesitate to call.
Sincerely, CJ ('
.a.kOJ1LJ
Karen Strakbein
Director of Finance
Sherman & Howard L.L.C.
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTH STREET, SUITE 3000
DENVER, COLORADO 80202
TELEPHONE: (303)297-2900
FAX: (303)298-0940
OFFICES IN: COLORADO SPRINGS
PHOENIX • RENO • LAS VEGAS
MEMORANDUM
To: Avon Town Council
From: Randy D. Funk
Date: February 6, 2008
Re: Model Development Agreement and Model Vesting Ordinance
We were asked to review the form of development agreement that has been used recently
by the Town and prepare a revised Model Development Agreement. Prior to making revisions,
we reviewed other development agreements we have prepared or reviewed. We also reviewed
portions of a monograph prepared by the Rocky Mountain Land Use Institute entitled
"Development Agreements," which included an analysis and several examples of development
agreements for significant projects in Colorado. It also included a checklist that is helpful. We
also reviewed the Colorado vested rights statute to assure that changes were in conformance with
the statute.
Development agreements generally have two main purposes. First, from the developer's
perspective, there is usually a desire to obtain vested property rights for an approved site specific
development plan. Second, from the Town's perspective, there is usually a desire to assure that
benefits or exactions sought by the Town are clearly documented. Some of these exactions are
more clearly known and better documented at the time of subdivision and usually differ from
project to project depending upon the circumstances.
The proposed Model Development Agreement contains a number of revisions. The
definitions in Article I were modified to conform to the other changes as described below.
Article II is now the Zoning and Vested Rights section. Article II describes the zoning
that has been granted and the documents that together may be deemed a Site Specific
Development Plan. That Site Specific Development Plan, pursuant to this Development
Agreement and the procedures necessary to adopt it, is vested for a period of five years pursuant
to the Development Agreement. We also made clear what the effect of vested property rights is
and also what it is not as set forth in Sections 2.4 and 2.5.
Article III now simply specifies the term of the Development Agreement. Several
miscellaneous provisions that were previously in that Article have been moved to Article VII.
Article IV deals with public improvements. We included provisions from prior
agreements dealing with water and amenities fees since these are frequently included in
agreements with the Town, but we also included placeholders for other public improvements that
001024000\PU B FIN \ 7754901
Sherman & Howard L.L.c.
Avon Town Council
February 6, 2008
Page 2
may be needed. Article IV also includes an indemnification provision relating to the work by the
Owner in constructing public improvements or claims otherwise arising from the property.
Article V continues to deal with the Town's responsibility to provide water services. If
the Owner provides sufficient water rights and pays the necessary fees, the Town agrees to
provide water service.
Article VI, which deals with defaults and remedies, was revised significantly to limit the
liability of the Town in the event of a default to simply the remedies that would be provided
under law for a failure to honor the vested rights that had been granted. If the Town fails to
provide water service, the Owner may seek specific performance. The remedies available for a
default by the Owner have been expanded to include any legal or equitable remedy and also to
allow for the withholding of building permits if an obligation that was to be performed by an
Association or District on behalf of the Owner is not performed as required. The Development
Agreement continues to have an arbitration provision as set forth in Section 6.6.
In Article VII, the Miscellaneous section, the provisions of Section 7.3 have been revised
to require the Owner to reimburse the Town for any out-of-pocket costs and expenses relating to
the preparation of, implementation of, and enforcement of the Development Agreement and the
development related thereto. It also provides that the Owner will deposit a specified amount
upfront so that the Town has such money to pay these costs and expenses as they are incurred.
The assignment provisions were shortened and simplified.
We also prepared a Model Ordinance to grant vested property rights. Pursuant to State
statute, the granting of vesting requires a specific notice and public hearing relating to the
consideration of such vesting. Though a PUD or other zoning may be granted which could
constitute a Site Specific Development Plan, the zoning and the vesting are separate actions.
Thus, the Town could grant zoning to an applicant but not grant vesting. Therefore, the Model
Vesting Ordinance specifies that the Site Specific Development Plan has been approved, the
basis for granting the vesting is described, the Development Agreement is authorized to be
executed, all after the requirements for notice and public hearing have been satisfied.
It is expected that in each situation there will be negotiated modifications to the Model
Agreement and changes to the Model Ordinance. It is hoped, however, that having these
documents as a starting point will help the Town to conduct those negotiations in a context
favorable to the Town and its citizens.
0010240001PU BFIN1775490. I
1
DRAFT: 2/6/08
TOWN OF AVON, COLORADO
ORDINANCE NO. 08 -
AN ORDINANCE ESTABLISHING VESTED PROPERTY RIGHTS BY
APPROVING A SITE SPECIFIC DEVELOPMENT PLAN, INCLUDING
A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 17.14 OF
THE AVON MUNICIPAL CODE FOR THE PROPERTY KNOWN AS
LOCATED AT , AN AREA
GENERALLY DESCRIBED AS A PART OF
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, on , at the request of
a
>r.
V N
0 L. 0
R A
(the "Applicant"), the Planning Commission approved the ; and
WHEREAS, on , the Planning Commission recommended approval of a
Development Agreement for between the Applicant and the Town of
Avon (the "Development Agreement"), the form of which is attached hereto as Exhibit A; and
WHEREAS, the Development Agreement provides for the establishment of vested property
rights; and
WHEREAS, the and the Development Agreement and certain other approvals
more particularly described therein, collectively constitute a "Site Specific Development Plan"
for the purpose of establishing vested property rights pursuant to Chapter 17.14 of the Avon
Municipal Code and C.R.S. § 24-68-101, et seq.; and
WHEREAS, notice of the Public Hearing was provided as required by [Chapter 17.12] of the
Avon Municipal Code; and
WHEREAS, the Town Council, following a Public Hearing, finds that, in connection with the
development contemplated by the Site Specific Development Plan, it is appropriate to grant
vested property rights as set forth in the Development Agreement for a period of five years from
the effective date of this Ordinance. Said vested property rights are appropriate in light of all
1) O
001024000\PUBF[M774053.2
3
relevant circumstances, including, but not limited to, the size and phasing of the development,
economic factors, and market conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
1. The recitals contained above are incorporated herein by reference and are
adopted as findings and determinations of the Town Council.
The Town Council finds that it is appropriate to grant vested property rights, as
defined in Section 17.14.020 of the Avon Municipal Code, for a period of five
years from the effective date of this Ordinance, for the development set forth in
the Site Specific Development Plan. Said vested property rights are appropriate
in light of all relevant circumstances, including, but not limited to, the size and
phasing of the development, economic factors, and market conditions.
3. The Town Council hereby approves the Development Agreement and authorizes
the execution and delivery thereof by the Mayor or Town Manager.
4. This Ordinance shall take effect seven (7) days after public notice following final
passage. The public notice of the adoption of the Ordinance shall be published
in a newspaper of general circulation within the Town within fourteen days
following final approval of this Ordinance.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the day of , 2008, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the day of , 2008, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2008.
Ronald C. Wolfe, Mayor
2
00 I 024000\PUBFIN\774053.2
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
3
001024000\PUBFIN\774053.2
EXHIBIT A
Development Agreement
for
[see attached page(s)]
4
001024000\PUBFIN\774053.2
6
Sherman & Howard — 2/6/08
MODEL
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as
of , 20_ by and between , a
("Owner"), and the Town of Avon, a municipal corporation of the State
of Colorado (the "Town"). Owner and the Town are collectively referred to as the "Parties."
RECITALS
A. Owner is a duly organized and in good standing under the laws of
the State of . Owner is the owner of approximately acres within the Town as
described on Exhibit A attached hereto (the "Property").
B. The Town has authority to zone and regulate development of the Property in
accordance with this Agreement, the Comprehensive Plan, the Municipal Code, and other
applicable Town ordinances and policies. The Town's authority to enter into this Agreement is
derived from its home rule charter, state statutes, and the power generally held by Colorado
home rule municipalities to address matters of local concern by contract, ordinance or otherwise.
C. The legislature of the State of Colorado adopted Sections 24-68-101, et seq. of the
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. The Vested Property Rights Statute
authorizes the Town to enter into development agreements with landowners providing that
property rights may be vested for a period exceeding three years where warranted in light of all
relevant circumstances, including, but not limited to, the size and phasing of the development,
economic cycles, and market conditions.
D. 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 rights for a period not to exceed
five years.
E. Development of the Property in accordance with this Agreement will provide for
orderly growth in accordance with the policy and goals set forth in the Comprehensive Plan,
ensure reasonable certainty, stability and fairness in the land use planning process, stimulate
economic growth, secure the reasonable investment -backed expectations of the Owner, foster
cooperation between the public and private sectors in the area of land use planning, and
otherwise achieve the goals and purposes for which the Vested Property Rights Statute and
Chapter 17.14 of the Municipal Code were enacted. [Specify other benefits to Town from this
Agreement and development of the Property.]
001024000\PUBFIN\771378.4
7
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, the Owner and the Town agree as
follows with respect to the development of the Property:
ARTICLE I
DEFINITIONS
Definitions. The following terms shall have the meanings set forth below unless the
context in which they are used clearly indicates otherwise:
1.1 Amenities Fee. A consensual fee intended to mitigate the impact of a Time-share
Interest, including the cost of transportation and recreational facilities.
1.2 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning
and Zoning Commission of the Town in February, 2006, and any amendments thereto.
1.3 Development Standards. The Development Standards pertaining to the Property as
contained in the PUD Development Plan attached hereto as Exhibit B.
1.4 District. The District, a special district and
quasi -municipal corporation of the State of Colorado.
1.5 Effective Date. The date the Town Council ordinance approving this Agreement
and granting vested property rights for the Property becomes effective.
1.6 Exhibits. The following are Exhibits to this Agreement, all of which are
incorporated by reference into and made a part of this Agreement:
Exhibit A
Exhibit B
Legal Description of the Property
PUD Development Plan for
1.7 Municipal Code. The Avon Municipal Code, as in effect from time to time.
1.8 Public Improvements. Those improvements to be acquired, constructed or
installed for the benefit of the public, including, but not limited to, the Public Improvements
described in Article IV.
1.9 PUD. Planned unit development or PUD, as such terms are defined and used in the
Municipal Code, as approved by the Town with respect to the Property.
1.10 PUD Development Plan. The PUD Development Plan for
attached hereto as Exhibit B.
001024000\PUBFIN\771378.4
2
1.11 Term. A period of five years after the Effective Date.
1.12 Time-share Owner. A person vested with legal title to an interval estate or a
time-share estate, as defined in Section 38-33-110, Colorado Revised Statutes.
1.13 Time-share Interest. The ownership interest of a Time-share Owner.
1.14 Town. The Town of Avon, a home rule municipal corporation of the State of
Colorado.
1.15 Town Council. The Town Council of the Town.
1.16 Vested Property Rights Statute. As defined in Recital C, above.
ARTICLE II
ZONING AND VESTED RIGHTS
2.1 PUD Zoning. Concurrently with the approval of this Agreement, the Property is
being zoned as a PUD in accordance with the PUD Development Plan and the Development
Standards.
2.2 PUD Development Plan and Development Standards. The PUD Development Plan
and the Development Standards set forth the standards and regulations for development of the
Property and have been approved by the Town as part of the PUD zoning for the Property, and
indicate, among other things, set back distances, building height limitations, site coverage levels,
development densities, allowed uses (both permitted uses by right and those permitted upon special
review), parking requirements and other guidelines and limitations for the development of the
Property. The Development Standards and the PUD Development Plan take precedence over other
general zoning regulations of the Town for those matters that are specifically addressed in the PUD
Development Plan and the Development Standards.
2.3 Vesting of Property Rights. Owner and Town agree (a) that the PUD Development
Plan and the Development Standards constitute an approved "site -specific development plan" as
defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal Code, and (b)
that Owner as the legal owner of the Property shall have vested property rights to undertake and
complete the development and use of the Property under the terms and conditions of the PUD
Development Plan and the Development Standards. Pursuant to Section 17.14.050 of the Municipal
Code and this Agreement, the PUD Development Plan and the Development Standards constitute a
site specific development plan for which a vested property right has been granted pursuant to
Article 68 of Title 24, C.R.S., for the Term of this Agreement.
2.4 Effect of Vested Property Rights. By approving the PUD Development Plan and the
Development Standards as a site specific development plan and granting a vested property right to
the Owner to undertake and complete the development and use of the Property under the terms and
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conditions of the PUD Development Plan and the Development Standards, the Town agrees not to
take any zoning or land use action that would materially alter, impair, prevent, diminish, impose a
moratorium on development, or otherwise delay the development or use of the property as set forth
in the PUD Development Plan and the Development Standards until after the expiration of the
Term.
2.5 Compliance with General Regulations. The establishment of vested property rights
under this Agreement shall not preclude the application of Town ordinances and regulations, or state
or federal laws and regulations, which are general in nature and are applicable to all property subject
to land use regulation by the Town, including, but not limited to, building, fire, plumbing, electrical
and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted
or amended after the date of this Agreement.
ARTICLE III
TERM
3.1 Term. In recognition of the size of the development contemplated under this
Agreement, the investment and time required to complete the development of the Property, the
potential for phased development of the Property, and the possible impact of economic cycles and
varying market conditions during the course of development, the 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 until five years from the Effective Date (the
"Term"). After the expiration of the Term, this Agreement shall be deemed terminated and of no
further force or effect; provided, however that such termination shall not affect (a) the obligations
contained in Article IV hereof, (b) any right arising from the issuance of a building permit (but
limited to the building for which it is issued), or (c) without additional action, result in the
termination or rescission of any other legislative, quasi-judicial or administrative approvals
occurring prior to the expiration of the Term of this Agreement.
ARTICLE IV
PUBLIC IMPROVEMENTS
4.1 Water and Water Rights. Owner shall, as a condition of water service for the
Property, dedicate and convey to the Town sufficient water rights and water storage rights to make
up the quantity, quality and use needed, in the sole and absolute discretion of the Town and subject
to the approval of the Upper Eagle Regional Water Authority, to serve the number of units or
equivalent thereof approved for the Property. Owner shall reimburse the Town for its expenses,
including reasonable and actual engineering costs and legal fees, incurred in connection with the
inclusion of such additional water in the Town's augmentation plan. Dedication of augmentation
water and related water rights and water storage rights shall be completed prior to the issuance of
any new building permit for the Property.
4.2 Amenities Fee.
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(a) • Commencing as of the effective date of this Agreement and continuing in
perpetuity with respect to each Time-share Interest, the condominium time-share association
formed to manage the Time-share project within the Property ("Association") shall be required
by Owner to collect from each Time-share Owner and remit to the Town on a semi-annual basis
an Amenities Fee in the amount of [$ ] per year per fractional interest, or the equivalent of
[$ 1 per year per weekly interest if conveyed in some fractional interest other than a one
week period.
The obligation for each Time-share Owner to pay the Amenities Fee shall be a
covenant running with the land and shall be described on the final subdivision plat and in all
Association covenants. The subdivision plat and Association covenants shall provide for a
staffed front desk within the Time-share project within the Property. The staffing and hours of
operation of the front desk shall be subject to the reasonable approval of the Town. The cost for
the front desk shall be paid from funds of the Owner or the Association and not from the
Amenities Fee.
The amount of the semi-annual Amenities Fee payments will be calculated
according to the following formula:
Number of existing or newly deeded Time-share Interests per semiannual
period (January -June, calculated as of June 1, and July -December
calculated as of December 1), multiplied by an amount equivalent to
[ 1 per weekly interest as defined above (or as adjusted by CPI -U,
as defined below), divided by 2. [Use then current fee]
The due dates for the semiannual payments are August 20 and February 20 for the
previous semiannual calculation period.
On January 1, 20_, and on the first day of each year thereafter, the amount of the
fee shall be increased, but not decreased, by the percentage change from 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 Owner to assure that such records as are necessary to
determine the amount of fees due hereunder are maintained by the Owner or the Association.
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.
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 delinquent Association and the Owner. The amount properly
determined to be owing shall bear interest from the due date at the rate of one and one-half
percent per month until paid.
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(b) Owner, on behalf of all Associations to be created, hereby assigns and
grants a continuing security interest in each Association's right to future income, including the
right to receive common expense assessments of any kind levied pursuant to its condominium
declaration, and its lien therefor, to secure payment of the Amenities Fee. Upon default of any
Association in collection and/or remittance of the Amenities Fee and notice thereof to the Time-
share Owners, the Town shall have the right to directly receive common expense assessments
and to foreclose the lien therefor.
4.3 Affordable Housing.
4.4 Relocation of Existing Public Improvements.
4.5 Installation of Other Public Improvements. [Address all known Public
Improvements and note that others may be required as determined by subdivision process.]
[Address any applicable urban renewal improvement or financing issues.]
4.6 Indemnification and Hold Harmless. Owner shall install or cause to be installed all
Public Improvements in a good and workmanlike manner in accordance with the applicable
regulations of the Town. Owner shall indemnify, defend and hold harmless the Town (and its
officials, agents, representatives, employees, contractors, and successors and assigns) from all
claims, demands, damages (including, without limitation, consequential damages), causes of action,
fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys' fees)
resulting from claims for bodily injury (including death) to any person or damage to any property,
arising during the construction of the Public Improvements or otherwise arising on the Property
(including, without limitation, maintenance, repair and replacement activities).
ARTICLE V
WATER SERVICES
Upon Owner's compliance with Section 4.1 hereof, payment of applicable fees and
charges, and notification of need by Owner, the Town shall cause water service to be provided to
the Property, as required for the development of the Property. Water infrastructure and other
capital facilities which are necessary for the Town to provide water to the Property shall be
provided by Owner and/or the District in accordance with the plans for same included in the PUD
Development Plan and the Development Standards. The Owner or the District, as applicable, and
the Town shall enter into a Subdivision Improvements Agreement, and upon compliance with the
terms thereof, the Owner or the District shall convey the water infrastructure improvements to the
Town or to the Upper Eagle Regional Water Authority by good and sufficient bill of sale.
ARTICLE VI
DEFAULTS, REMEDIES AND TERMINATION
6.1 Default by Town. A "breach" or "default" by the Town under this Agreement
shall be defined as any of the following, after the applicable cure period described in Section 6.3,
below: (a) except as provided in C.R.S. §§ 24-68-105(a), (b) or (c), any zoning or land use action
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by the Town Council or pursuant to an initiated measure that would materially alter, impair,
prevent, diminish, impose a moratorium on development, or otherwise delay the development or
use of the property as set forth in the Development Standards; or (b) the Town's failure to
perform its obligation to provide water service in accordance with the terms and conditions of
Article V.
6.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's
failure to fulfill or perform any obligation of Owner contained in this Agreement following the
applicable cure period described in Section 6.3, below, or Owner's or District's failure to fulfill
or perform any obligation of Owner or District contained in any other agreement between the
Town and Owner or the Town and District following any applicable cure period contained in
such agreement. The failure by Owner to cause the Association to collect and remit the
Amenities Fee to the Town as provided in Section 4.2 shall constitute a default by Owner. The
failure of the Owner to cause the District to provide any Public Improvements to be provided on
behalf of Owner by such District shall constitute a default by Owner.
6.3 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 7.6, and the defaulting party shall have five (5) days for monetary
obligations and thirty (30) days for non -monetary obligations from and after receipt of such
notice to cure such default. With respect to non -monetary obligations, if such default is not of a
type that can be cured within such thirty (30) day period and the defaulting party 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 up to
one hundred eighty (180) days given the nature of the default to cure such default, provided that
such defaulting party is at all times within such additional time period actively and diligently
pursuing such cure.
6.4 Remedies for Default by Town.
(a) If a default by Town under Article V of this Agreement is not cured as
described in Section 6.3, the Owner shall have the right to enforce the Town's obligations under
Article V by an action for specific performance.
(b) Because this Agreement constitutes a development agreement which
confers vested property rights pursuant to the Vested Property Rights Statute and Chapter 17.14
of the Municipal Code, any action by the Town that revokes or impairs the vested property rights
granted by Article II of this Agreement shall entitle Owner to an action for injunction or specific
performance or to seek compensation to the extent permitted by Colorado Revised Statutes
Section 24-68-105(1)(c) as in effect on the Effective Date. The Owner agrees, however, to first
pursue specific performance, and, if granted, shall have no right to pursue compensation. Only if
a court denies specific performance shall the Owner be entitled to pursue compensation as set
forth in Colorado Revised Statutes Section 24-68-105(1)(c). Adoption of this Agreement is
subject to referendum pursuant to the vested property rights statute. In the event such a
referendum is filed and succeeds in overturning the approval of the ordinance authorizing this
Agreement, the vested property rights created under this Agreement shall be null and void;
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provided, however, that none of the development rights for the Property or approvals granted to
Owner under the PUD zoning shall be affected thereby.
6.5 Remedies for Default by Owner.
(a) If any default by Owner under this Agreement is not cured as described in
Section 6.3, the Town shall have the right to enforce the Owner's obligations hereunder by an
action for any equitable remedy, including injunction or specific performance, or an action to
recover damages.
(b) Because this Agreement requires the Owner to provide or cause to be
provided Public Improvements and the payment of Amenities Fees in order to serve the
development of the Property, in the event of a breach or default by the Owner, including a failure
by Owner to require an Association or the District to perform the obligations of Owner as set
forth in this Agreement that Owner may have delegated to or contracted for with such entities,
the Town may withhold the processing of any zoning or subdivision applications relating to
property located within the Property or withhold issuance of building permits for property
located within the Property.
(c) Each remedy in this Section 6.5 is cumulative and is in addition to every
other remedy provided for in this Agreement or otherwise existing at law or in equity.
6.6 Arbitration. Any controversy or claim arising out of or relating to this
Agreement, including, without limitation, any breach, default, or interpretation hereof, shall be
settled by binding arbitration in Eagle County, Colorado, in accordance with the Uniform
Arbitration Act, § 13-22-201, C.R.S., et seq. The parties shall each appoint one arbitrator and
attempt to select a third arbitrator agreeable to all, but if they are unable to do so within twenty
(20) days after a request for arbitration, then such arbitrator may be appointed by any judge of a
competent state court having jurisdiction in Eagle County, Colorado, upon application of any
party. The arbitrator jointly selected by the parties or appointed by the court must be a Colorado -
licensed attorney who has substantial experience in real estate development. Any such
arbitration panel shall have the power to grant any relief, including equitable relief as just and
appropriate. Any award in such arbitration shall have the effect of a judgment and may be
entered in any court having jurisdiction thereof. Each party shall bear its own costs of
arbitration.
ARTICLE VII
MISCELLANEOUS
7.1 Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
7.2 No Joint Venture or Partnership. No form of joint venture or partnership exists
between the Town and the Owner, and nothing contained in this Agreement shall be construed as
making the Town and the Owner joint venturers or partners.
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7.3 Expenses. The Owner shall reimburse the Town for its out-of-pocket costs and
expenses, including all outside planning, engineering, financial modeling and attorney's fees,
associated with the preparation of, implementation of and enforcement of this Agreement and the
development related thereto. Upon request of the Town, Owner shall deposit an amount equal to
months projected expenses with the Town to pay such costs and expenses as they are
incurred.
7.4 Waiver. No waiver of one or more of the teens of this Agreement shall constitute
a waiver of other terms. No waiver of any provision of this Agreement in any instance shall
constitute a waiver of such provision in other instances.
7.5 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.
7.6 Notices. Any notice or communication required or permitted under the terms of
this Agreement shall be in writing, may be given by the parties hereto or such parties' respective
legal counsel, and shall be deemed given and received (i) when hand delivered to the intended
recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the
United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with
return receipt requested; (iii) one (1) business day after the same is deposited with an overnight
courier service of national reputation having a delivery area encompassing the address of the
intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the
intended recipient's facsimile facilities accessed by the applicable telephone number set forth
below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the
noticing party). Any notice shall be delivered, mailed, or sent, as the case may be, to the
appropriate address set forth below:
If to Town:
And:
If to Owner:
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Attention: Town Manager
Telephone: 970-748-4005
Facsimile: 970-748-4078
John W. Dunn, Esq.
P.O Box 7717
Avon, Colorado 81620
Telephone: 970-748-6400
Facsimile: 970-748-8881
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Each party may change its addresses and/or fax numbers for notices pursuant to a written
notice which is given in accordance with the terms hereof. As used herein, the term "business
day" shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail
service is not provided. Whenever any date or the expiration of any period specified under this
Agreement falls on a day other than a business day, then such date or period shall be deemed
extended to the next succeeding business day thereafter.
7.7 Amendment of Agreement. Except as otherwise set forth in this Agreement, this
Agreement may be amended or terminated only by mutual consent of the Town and the Owner in
writing following the public notice and public hearing procedures required for approval of this
Agreement. For the purpose of any amendment to this Agreement, "Owner" shall mean only the
Owner as defined herein and those parties, if any, who have specifically been granted, in writing by
Owner, the power to enter into such amendments.
7.8 Cooperation in Defending Legal Challenges. If any legal or equitable action or other
proceeding is commenced by a third party challenging the validity of any provision of this
Agreement, the PUD Development Plan or the Development Standards, Owner and the Town agree
to cooperate in defending such action or proceeding and to bear their own expenses in connection
therewith. Unless the Town and Owner otherwise agree, each party shall select and pay its own
legal counsel to represent it in connection with such action or proceeding.
7.9 Assignment. This Agreement shall be binding upon and shall inure to the benefit
of the successors in interest or the legal representatives of the parties hereto.
7.10 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.
7.11 Waivers and Consents. No waiver of any provision of this Agreement, nor
consent to any departure herefrom, shall in any event be effective 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. Any consent required under
this Agreement by a party will not be unreasonably withheld or delayed by such party.
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IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the
date first written above.
TOWN:
TOWN OF AVON
By:
Ronald C. Wolfe, Mayor
ATTEST
Patty McKenny, Town Clerk
STATE OF COLORADO
COUNTY OF EAGLE
Subscribed before me this day of , 20_, by Ronald C.
Wolfe as Mayor and Patty McKenny as Town Clerk of Town of Avon, a Colorado municipal
corporation.
My commission expires:
Notary Public
OWNER:
ATTEST
By:
Its:
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STATE OF COLORADO
COUNTY OF
Subscribed before me this day of , 20_, by
as of
a
My commission expires:
Notary Public
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Sherman & Howard — 2/6/08
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
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Sherman & Howard — 2/6/08
EXHIBIT B
PUD DEVELOPMENT PLAN
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