TC Council Packet 07-08-2008TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JULY 8, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
NEART.of,tItc.VALL EV
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 REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
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
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY INPUT
5. NEW BUSINESS
a. Public Hearing for Amplified Sound Permit
Applicant: Bec Tri / RLY Project, David Wieder
Event Name: Short Sprint Fun Triathlon
Event Date: August 2, 2008
Event Location: Harry A. Nottingham Park
b. Public Hearing for Amplified Sound Permit
Applicant: Beaver Creek Resort Company, Mike Kloser
Event Name: Beaver Creek Xterra
Event Date: August 9, 2008
Event Location: Harry A. Nottingham Park
6. ORDINANCES
a. Public Hearing on Ordinance No. 08-06, Series of 2008, Second Reading, An Ordinance of the
Town of Avon Colorado, Amending Title 3 of the Avon Municipal Code, by Adopting Fire
Protection and Emergency Medical Services Impact Fees for Land Development Activities
Generating the need for Additional Fire Protection or Emergency Medical Services (Scott Wright,
Assistant Town Manager Finance) Legislation related to adoption of impact fees for development
activities within the Town of Avon; ERFPD requested the item be tabled at the May 13th meeting
7. RESOLUTIONS
a. Resolution No. 08-20, Series of 2008, Resolution of the Town of Avon, Colorado, approving an
Intergovernmental Agreement between the Town of Avon, Colorado and the Eagle River Fire
Protection District, concerning the collection, payment and use of emergency service impact
fees (Scott Wright, Assistant Town Manager Finance)
Avon Council Meeting.08.07.08
Page 3 of 4
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JULY 8, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
HEART oek;a:/Iy
b. Resolution No. 08-24, Series of 2008, A Resolution Approving The Amended Final Plat, A
Resubdivision Of Lots 12 and 13, Block 3, (4123 and 4121 Little Point) Wildridge, Town of Avon,
Eagle County, Colorado ( Shane Pegram, Engineer I)The amended final plat resubdivides the existing
Lot 12 & 13 Wildridge by realigning their shared boundary, and creates an access easement across lot 13
for the benefit of lot 12.
c. Resolution No. 08-25, Series of 2008, A Resolution Approving The Final Plat, A Resubdivision
of Lots 17a and 17b, Block 4;(5670 Wildridge Road East) Wildridge, Town of Avon, Eagle
County, Colorado (Shane Pegram; Engineer I) The final plat resubdivides Lot 17a and 17b, block 4
Wildridge by removing their shared boundary and creates a single lot, Lot 17.
d. Resolution No. 08-26, Series of 2008, A Resolution Approving th Condominium Map, The Gates
Residences, Lot 1, Chateau St. Claire Subdivision — PUD, Town of Avon, Eagle County,
Colorado (38390 US HWY 6) (Shane Pegram, Engineer II) This condominium map resubdivides the
existing lot 1, Chateau St. Claire Subdivision — PUD into 49 distinct condominium units, general common
elements, and limited common elements.
e. Resolution No. 08-27, Series of 2008, Historical Preservation Advisory Committee Property
Nomination (Matt Pielsticker, Planner II) A Resolution approving the Nottingham Power plant as a
Historic and Cultural Landmark.
f. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
g. UNFINISHED / OLD BUSINESS
h. OTHER BUSINESS
I. TOWN MANAGER REPORT
j. TOWN ATTORNEY REPORT
k. MAYOR REPORT
FUTURE AGENDA ITEMS:
July 22, 2008: Work Session: Review 2008 Budget Revisions, Heat Recovery Project Update, Town
Attorney Proposals
Regular Meeting: Main Street Design, Nottingham Park, Police Updates, Trails Master Plan
August 12, 2008: Propose canceling meeting
17. CONSENT AGENDA
a. Resolution No. 08-23, Series of 2008, Resolution Authorizing the Town of Avon to Participate in
the Coordinated Election of November 4, 2008 (Patty McKenny, Director Administrative Services)
18. ADJOURNMENT
Avon Council Meeting.08.07.08
Page 4 of 4
Memo
To: Mayor & Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Director Administrative Services
Date: June 25, 2008
Re: Public Hearings for Outdoor Use of Amplified Sound Application
Summary:
The two events listed below are turnkey events that have received special event permits through the
Avon Recreation Center. Both events will utilize amplified sound systems. A public hearing is
required on Outdoor Use of Amplified Sound for events that will be using amplified sound before
9:00 AM or after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter 5.24.020). Both events
will utilize amplification sound systems to help provide entertainment, organize & inform the
participants and spectators throughout the day. The applicants are as follows :)
Contact Name
Event Name
Event Date &
Times
Event Location
David Wieder
Bec Tri / RLY Project
August 2, 2008
9AM-4 PM
Harry A. Nottingham Park
Mike Kloser
Beaver Creek Xterra
sponsored by Beaver
Creek Resort Company
August 9, 2008
9 A — 4 PM
Harry A. Nottingham Park
Discussion:
The public notice was printed in the Vail Daily and public hearings are required on the applications
because the event will begin earlier than the 9 AM timeframe allowed for in Nottingham Park. Both
David Wieder (Bec Tri) and Mike Kloser (Xterra), representatives of the events respectively, were
contacted about the public hearings. They may or may not be able to make the meetings. Special
Events/Fitness Supervisor Danita Chirichillo will be present at the meeting to answer any questions
about the events.
Financial Implications:
The applicants have submitted the $25 processing fee for the amplified sound permit & the related
fees with the Recreation Department.
Town Manager Comments:
Attachments: r
✓ Applications for Outdoor1Use of Amplified Sound Equipment
HEART of the VALLEY
AVON
COLORADO
TOWN OF AVON
PERMIT APPLICATION
FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
*FEE: $25 FEE FOR PUBLIC NOTIFICATION COSTS.
*THIS APPLICATION MUST BE SUBMI I"I ED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S)
TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL
PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING.
DATE OF APPLICATION:
NAME OF APPLICANT
.ay 6 2008
d id Wieste r
REPRESENTING BUSINESS/ORGANIZATION BP. Trt Ri-.Y Pr je i-
TELEPHONE NUMBER 17 q 571.5 5Li
ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED ('ka((7 k. NtAt'v44cArn
PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM (`q,(t Cuipi bt)ytCe.Nievk1 yyt, j ; -
DATES AND TIMES OF PROPOSED USE
us+ Z 1.�JAQ, q% Piy
*ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATIO EQ
AND DIRECTION OF SOUND PROJECTION.TZ,
Q
SIGNATURE OF APPLICANT
b'tI5 T(1:61 ,, 1)f. �wY►1� 7825g
MAILING ADDRESS OF APPLICANT
SPECIAL EVENTS SUPERVISOR DAIL
siblot
DATE
TOWN CLERK DATE
Please acknowledge that each page is satisfactory by initialing:
Page 6
TOA
Sponsor
3'
BEG TRI
SHORT SPRINT TRIATHLON
AUGUST 2, 2OO8 • AVON, CO
HEART of the VALLEY
AVON
COLORADO
TOWN OF AVON
PERMIT APPLICATION
FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
IFEE"$25 FEE FOR PUBLIC NOTIFICATION COSTS.
*THIS APPLICATION MUST BE SUBMI I lED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (5)
TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL
PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING.
DATE OF APPLICATION:
NAME OF APPLICANT �NU K e, v-tdJ.(ir ' `1(/V'� �{+ u �
REPRESENTING BUSINESS/ORGANIZATION �I 7P.lf f 1&. C� "`. 4 - f`- Pr' {✓ 4 4�Ci
/git i:01AA v u firma Os
TELEPHONE NUMBER *4 S . S2M
ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED
PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
uauueiur
DATES AND TIMES OF PROPOSED USE c -V 1/414— / 'P q •7c 7Vb
*ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT
AND DIRECTION OF SOUND PROJECTION.
GNATURE OF APPLICANT
Se, SAS 4 -) Co, 81w
MAILING ADDRESS OF APPLICANT
SPECIAL EVENTS SUPERVISOR
ATE
DATE
TOWN CLERK _ DATE
Please acknowledge that each page is satisfactory by initialing:
Page 6
VP c J a�4t�?o
TOWN OF AVON
NOTICE OF PUBLIC HEARING
ON PERMIT APPLICATIONS
FOR OUTDOORS USE OF SOUND AMPLIFICATION
NOTICE IS HEREBY GIVEN, that the following applications have been submitted to the
Town of Avon for permits for Outdoor use of a Sound Amplification to be used at Harry
A. Nottingham Park, 325 Benchmark Road, as follows:
Contact
Name
Event Name
David Wieder Bec Tri / RLY Project
Mike Kloser
Beaver Creek Xterra
sponsored by Beaver
Creek Resort Company
Event Date & Event Location
Times
August 2, 2008 Harry A. Nottingham Park
9AM-4 PM
August 9, 2008 Harry A. Nottingham Park
The source & nature of the amplified sound includes the use of speakers at the park to
provide background music & race announcements. Information may be obtained
concerning these applications, and all persons desiring to protest the granting of this
application may file their petitions or remonstrance's with the Town Clerk, 400
Benchmark Road, Avon, Colorado, or write PO Box 975, Avon, Colorado 81620 or
pmckennyavon.orq until October 19, 2007.
The Public Hearing is set for July 8, 2008 at 5:30 PM.
TOWN OF AVON
BY: Patty McKenny, Town Clerk
Published in the Vail Daily June 27, 2008.
Public Notice Amplified Sound 08
MEMORANDUM
FROM: TOWN ATTORNEY
TO: TOWN COUNCIL
SUBJECT: EAGLE RIVER FIRE PROTECTION DISTRICT IMPACT FEES
DATE: July 8, 2008
At the Council meeting on June 10, 2008, Ordinance 08-06 and Resolution 08-20
were tabled until the July 8 meeting to permit their consideration by the "entire council."
Ordinance 08-06 will impose an impact fee for the benefit of the Eagle River Fire Protection
District, and Resolution 08-20 will approve an intergovernmental agreement with the District for
collection of the fee. The reason for tabling the ordinance and resolution was the requirement of
Section 16.2 of the Town Charter that there be a two-thirds vote "of the entire council" to approve
certain intergovernmental agreements.
At the meeting on June 10, there were comments regarding the indemnification
language contained in the intergovernmental agreement. That language has been revised to
incorporate those comments and generally to broaden the language.
There are two versions of the ordinance contained in the Council notebook. The
first version is the version adopted by the Council on first reading. The second version contains
extensive revisions agreed to by the fire district and is the version recommended for approval.
JWD:jwd
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Asst. Town Manager - Finance Director
Date: April 17, 2008
Re: Eagle River Fire Protection District Impact Fees
Summary:
On Tuesday evening representatives from the Eagle River Fire Protection Dish let will present
for an ordinance for first reading for the adoption of impact fees for development activities
within the Town of Avon.
Background:
The District previously presented the concept of impact fees to the Avon Town Council last
summer. Mr. Moore has addressed Council's questions that were raised at that time in his
memo that is attached to this packet.
Discussion:
The ordinance provides for the adoption and addition of a new Chapter 17 to the Town's
zoning code entitled "Impact Fees." Chapter 17 is written in a manner that supports the
language from C.R.S. 29-20-104.5 authorizing municipalities to impose an impact fee as a
condition of issuance of a development permit to offset the costs of providing capital facilities
directly related to a service that the municipality is authorized to provide.
It is anticipated that an Intergovernmental Agreement with the District (attached) that sets
forth the procedures for collecting and remitting the impact fees would be approved after the
adoption of the ordinance at second reading.
Staff has two recommendations — one for the ordinance and one for the IGA. Staff
recommends that the section of the ordinance addressing waivers for low and affordable
housing be changed to reflect the Town's definition as follows:
Page 1
"The Town Council may, by resolution, grant a waiver of the applicable impact fees
for fire and emergency medical services on a development or portion of a development for the
purpose of constructing or providing low or moderately priced housing units for sale or lease
to low or moderate income persons; provided that the parties to the development shall agree to
appropriately restrict the future use of the applicable units byrecorded agreement, deed
restriction, covenants, declarations, or similar instruments as may be required by the Town
Manager."
Staff's second recommendation relates to the IGA and the collection and remittance of the
impact fees. The ordinance provides that the impact fees are imposed upon development
approval which follows state statute. Staff recommends that the language in the IGA be
wordsmithed in order to be clear and consistent with current Town policies and practices and
that the actual collection of impact fees occur at the time of building permit issuance. Staff
will work with the District in revising the attached IGA language to our satisfaction.
Financial Implications:
The ordinance provides that the Town is authorized to charge a 6% fee to the District to cover
administrative costs.
Recommendation:
Staff recommends approval of first reading of the ordinance with the recommended change to
the Waiver section.
Town Manager Comments:
aZz-
Attachments:
A - Memorandum from Chief Moore to Avon Town Council
B - Memorandum from Collins Cockrel & Cole to John Dunn
C - Eagle River Fire District Resolution adopting impact fees
D - Proposed IGA with Town of Avon
E - Impact Fee Study — BBC Research
F - Stan Bernstein & Associates forecast of SFE's and impact fee revenues
G - Ordinance No. 08-06
,€)/
e,/
• Page 2
April 16, 2008
Honorable Mayor Wolfe and Town Council
Mr. Larry Brooks, Town Manager
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
Re: Eagle River Fire District Impact Fees
Dear Mayor Wolfe, Council Members and Mr. Brooks:
Thank you for considering the matter of Impact Fees for the Eagle River
Fire Protection District. When we first presented to you last summer, Council
requested that the Fire District present to the Board of County Commissioners and
Towns of Minturn and Red Cliff prior to the Town's consideration. You may be
aware that Board of County Commissioners approved impact fees on our behalf.
We have made presentations to Minturn and Red Cliff and we believe that the
Agreements and Ordinances will be approved there as well.
Council requested the answers to specific questions, and I recall those
questions as follows:
1. How does the Agreement exempt deed restricted housing?
2. Why are you proposing meter sizes as opposed to square footage?
3. How do fire protection suppression systems affect the meter size?
4. Does the Town have the authority to collect an impact fee when certain
development approvals have already been granted?
Section 2, Paragraph 2.4 of the Intergovernmental Agreement gives Council
the authority to waive impact fees for affordable housing. The paragraph reads
"The Town Council may waive the applicable impact fee for Emergency Services
on the development of low or moderate -income housing or affordable employee
housing as defined in Section
POST OFFICE Box 7980 • 0351 BENCHMARK ROAD • AVON, COLORADO 81620-7980
PHONE: 970-748-9665 • FAX: 970-748-4749 • EMAIL: INFO@ERFPD.ORG
Page 2 — April 16, 2008
4-710 of the. Eagle County Land Use Regulations, and pursuant to C.R.S. 29-20-
104.5(5)."
We have based impact fees on meter sizes as opposed to square footage for
the reason that western courts (not in Colorado) have upheld impact fees based on
meter size. We believe it is an easier calculation administratively, but more
importantly the legal precedent is stronger for a meter based rational nexus. The
District also believes that the impact fee is not regressive toward new growth; the
base fee financed over 30 years equals $9.50 per month; after tax this equates to
$6.50 per month.
The answer to the third question is fire sprinkler suppression systems are not
factored into meter size. The need for fire protection water is factored into the
service line or water main but excluded from the meter entirely; functionally and
mathematically. So just like a fire hydrant, fire sprinkler systems are un-metered.
The meter size and SFE is based on domestic use only.
Finally, the District's legal counsel has discussed with John Dunn and opined
that the Town may apply impact fees on previously approved development areas
and the impact fee may still be imposed at the building permit stage.
As you consider the proposed Intergovernmental Agreement and Ordinance
I wish to restate that impact fees may only be expended to maintain the current
service level and not to improve the service level. If we do nothing to meet the
challenges of future service demand, then we expect the service level to deteriorate
from the expected increases in call volume and population. We want future
development to pay its share of the infrastructure the Fire District needs to serve
that new growth.
In summary, many local governments saw a large increase in their revenue.
ERFPD received approximately $1.5 million in additional revenue. Here is how we
spent that increase:
• The District added nine (9) additional employees at a cost of
$750,000. These employees have improved the crew size on each outbound
fire engine by one to two firefighters.
• A replacement ladder truck, 2 additional pumper trucks and a
wildland truck were added at a cost of over $2.5 million. We financed these
Page 3 — April 16, 2003
vehicles through a capital lease at a cost of $250,000 per year. The existing
ladder truck is 28 years old and the pumpers we replaced, about 25 years old.
• Approximately $500,000 was expended to increase employee salaries.
We retained Mountain States Employers Council to help us determine the
appropriate pay range. MSEC recommended certain salary ranges so as to
remain competitive. We found most, if not all our employees were
compensated 26% to 30% below what other similar jurisdictions were paying
— and we have lost too many good employees as a result of less than
competitive salaries.
Our financial forecast prepared by Stan Bernstein and Associates indicates
continued growth in assessed valuation; but our long term needs for capital and
operations shows that growth in "AV" is insufficient to pay for future capital and
operating expenses combined.
On behalf of the Board of Directors, we look forward to your favorable
consideration of the Agreement and Ordinance on first reading.
axles A. Moore
General Manager / Fire Chief
cc: Board of Directors, Eagle River Fire Protection District
James P. Collins, Esq.
COLLINS COCKREL & COLE
A PROFESSIONAL CORPORATION
PAUL R. COCKREL
JAMES P. COLLINS
ROBERT G. COLE
TIMOTHY J. FLYNN
EVAN D. ELA
LINDA G. ALEXANDER
DAVID A. GREHER
John W. Dunn, Town Attorney
John W. Dunn & Associates, LLC
Post Office Box 7717
Avon, Colorado 81620
ATTORNEYS AT LAW
390 UNION BOULEVARD, SUITE 400
DENVER, COLORADO 80228-1556
TELEPHONE: 303-986-1551
TOLL FREE: 800-354-5941
FACSIMILE: 303-986-1755
www.cccfirm.com
August 22, 2007
Re: Impact Fees for Eagle River Fire Protection District
Dear John:
JAMES M. MOCK
BECKY R. LENNON
ERIC C. JORGENSON
OF COUNSEL
E-MAIL
eccfirm@ceetirm.eorn
VIA E-MAIL
AND U.S. MAIL
Jim Collins has advised me that he spoke with you by phone earlier this week
concerning the Town's authority to collect impact fees at the time application is made for
a building permit in circumstances where the subdivision in which the new construction
is occurring has previously been approved by the Town.
You suggested that Carolynne White had written an article for The Colorado
Lawyer in which this issue had been addressed. Your retention of that sort of information
is certainly better than mine. The article you reference is published as A Municipal
Perspective on Senate Bill 15: Impact Fees, The Colorado Lawyer, May, 2002, Vol. 31.
No. 5, Page 93. In that article Carolynne concludes that under Section 29-20-104.5(6),
C.R.S., an impact that is payable at final building permit can be assessed against projects
for which complete subdivision applications were filed before the fee was adopted, but
which had not filed complete building permit applications at the time the impact fee was
adopted.
This issue is addressed in the proposed Ordinance in subparagraph C of the
Section on Payment of Fees. -
G:\Clients\Eagle River Fire\Lettels\J.Dunn.Impact Fee.Building
Pcnnit.082207.doc
COLLINS COCKREL & COLE
Avon, Colorado 81620
August 22, 2007
Page 2
"C. Where previous development activity has occurred prior to the imposition
of the impact fees established by this Article, or for which impact fees were
previously paid, impact fees for subsequent development activity on the same lot
shall be based on the net increase, if any, in the impact fee based on the demand
for capital facilities for fire protection and emergency medical services created by
the new development activity as compared to the previous development activity."
(emphasis added)
I would conclude that this provision would authorize the Town to collect the impact fee
when application is made for a building permit ("development activity') even though no
impact fee had been adopted or collected when the earlier development activity
(subdivision approval) had occurred.
Going forward, it is important to the District (and it is so provided in subparagraph
A of the Section on Timing of Payment) that where there are multiple levels of
development approvals, such as annexation, zoning, subdivision and building permit
approval, the impact fees shall be paid upon the earliest development activity to occur for
which the amount of impact fees can be reasonably calculated. Thus, in the future, if the
impact fees can be calculated at the time application is made for subdivision approval
(i.e. 30 residential lots each of which will require a 3/4 inch meter), the impact fees should
be calculated, assessed and collected at that stage.
I hope this information is helpful. If there is anything further you may require,
please do not hesitate to contact me by phone or by e-mail.
Sincerely,
is C. Jorgenson
ECJ/cds
cc: Charles Moore, Fire Chief
James P. Collins
RESOLUTION ESTABLISHING EMERGENCY SERVICES IMPACT FEE
CAPITAL IMPROVEMENT FUND
WHEREAS, Eagle County and the municipalities within the boundaries of the
Eagle River Fire Protection District ("District") have the power and authority to impose
and collect impact fees on Emergency Service -Generating Development within the
District, pursuant to Section 29-20-104.5, C.R.S.
WHEREAS, the District is a quasi -municipal government and political
subdivision of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to
provide prevention and extinguishment of fire, protection of life and property from fire,
enforcement of fire prevention codes, hazardous materials response, and other emergency
services authorized by statute or typically provided by a public fire department
(collectively, "Emergency Services") within the District.
WHEREAS, any such impact fees collected and transferred to the District shall be
accounted for as provided by law.
WHEREAS, the District has determined that the establishment of an Emergency
Services Impact Fee Capital Improvement Fund is necessary for the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE EAGLE RIVER FIRE PROTECTION DISTRICT, AS
FOLLOWS:
1. The Emergency Services Impact Fee Capital Improvement Fund ("Fund")
is hereby established to ensure that all impact fees for Emergency Services
collected for, transferred to and administered by the District are expended
for the purposes set forth herein and as permitted by law.
2. Upon receipt of any impact fees for Emergency Services, the District shall
deposit such impact fees in an interest -bearing account and identify in its
records the lot, development activity and development approval for which
the impact fee was collected and the associated category, account, or fund
of capital expenditure for which such impact fee was imposed.
3. Any interest or other income earned on funds deposited in said interest -
bearing account shall be credited to the Fund.
4. The District shall use any impact fees for Emergency Services so collected
and deposited to jointly fund, in combination with District funds, the capital
facilities necessary to provide the Emergency Services needed to serve
developments within the District, as contemplated by the Eagle River Fire
Protection District Impact Fee Study, dated j w.ii{ ; \ , 2007, prepared by
C:\DOCUME-1 \EJORGE-I \LOCALS -1 \Temp\MctaTemp\ERFP J
D Rcsolution.Impact Fee Fund.doc
PASSED AND ADOPTED at a regular meeting of the Eagle River Fire
Protection District, this ,ZL` day of ,��.� , 2007.
EAGLE RIVER FIRE PROTECTION DISTRICT
B
Attest:
Edward D. O'Brien, Secretary
3
race Ike, Chairman
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF AVON, COLORADO AND THE
EAGLE RIVER FIRE PROTECTION DISTRICT,
CONCERNING THE COLLECTION, PAYMENT AND
USE OF EMERGENCY SERVICE IMPACT FEES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of , 2008, by and between the Town of Avon, Colorado
("Town") and Eagle River Fire Protection District ("District"), a special district of the
State of Colorado.
RECITALS
WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality
duly organized and existing under Article XX of the Colorado Constitution and the Town
of Avon Home Rule Charter of 1978 ("Charter"); and
WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the
power to erect engine houses and provide fire engines and the necessary fire apparatus for
the extinguishing of fires and to provide for the use and management of the same by
volunteer fire companies or otherwise; and
WHEREAS, pursuant to Section 16.2 of the Charter, the Town may enter into
contracts or agreements with other governmental units of every kind and character for the
joint use of buildings, equipment, or facilities, or for furnishing or receiving commodities
or services of public benefit under such terms and conditions as shall be approved by
Council; and
WHEREAS, the District is a quasi -municipal government and political
subdivision of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to
provide prevention and extinguishment of fire, protection of life and property from fire,
enforcement of fire prevention codes, hazardous materials response, and other emergency
services authorized by statute or typically provided by a public fire department
(collectively, "Emergency Services") within the Town; and
WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State
and its political subdivisions to give direct or indirect financial support and assistance to
any other political subdivision as may be authorized by general statutes; and
WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports
the cooperation or contracting by or among any of its political subdivisions to provide
any function or facility lawfully authorized to each of the cooperating units, including,
without limitation, the sharing of costs, the imposition of taxes, or the incurring of debts;
and
C:\Documents and Settings\cmoore\Desktop\Town of Avon
Impact FeesERFPD Impact Fee IGA - Avon.06.05.2007.doc
WHEREAS, Sections 29-1-201 and 203, C.R.S., permit and encourage
governmental entities to make the most efficient and effective use of their powers and
responsibilities by cooperating and contracting with other governmental entities to
provide any function, service or facility lawfully authorized to each, including the sharing
of costs; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974
authorizes and encourages local governments to cooperate or contract with other units of
government for the purpose of regulating the development of land, including the impacts
resulting therefrom; and
WHEREAS, Section 29-20-104.5, C.R.S., authorizes counties and municipalities
to impose an impact fee as a condition of issuance of a development permit to offset the
costs of providing any capital facility directly related to any service the county or
municipality is authorized to provide, that has a useful life of at least five years, and is
required by charter or general policy of the county or municipality; and
WHEREAS, new development within the Town is placing significant additional
demands on the provision of Emergency Services and the capital facilities necessary to
provide them; and
WHEREAS, the volume and pace of land development in the Town threatens the
provision of adequate Emergency Services and facilities; and
WHEREAS, the Town acknowledges that without the assistance of the Town in
imposing and collecting impact fees for Emergency Services and their expenditure on
necessary public facilities to provide the Emergency Services, citizens of the Town
would suffer the result of decreased levels of Emergency Services; and
WHEREAS, pursuant to Ordinance No. the Town Council has adopted
amendments to the Avon Municipal Code which provide for fire protection and
emergency medical services impact fees to be imposed on development which generates
a need for additional fire protection and emergency medical services capital facilities; and
WHEREAS, by Ordinance No. the Town Council has adopted an Impact
Fee Schedule, Section 17. , for the capital facilities of the District; and
WHEREAS, the Town Council, upon consideration of the impacts of land
developments within the Town on the ability of the District to provide adequate
Emergency Services and related capital facilities within the District, has determined that
it is in the best interests of the citizens of the Town and the District to cooperatively and
in a coordinated fashion utilize the revenues from the Town's impact fees for Emergency
Services to fund expenditures by the Town on capital facilities needed to provide
Emergency Services to new development;
2
NOW, THEREFORE, in consideration of the Recitals stated above, and the
mutual covenants and promises of the parties hereto, the receipt and sufficiency of which
is acknowledged, the Town and the District agree as follows:
SECTION 1.
PURPOSE
The purpose of this Agreement is to provide for the joint and cooperative funding
of expenditures by the parties on capital facilities needed to provide fire protection and
emergency medical services to new development occurring within the Town, and thereby
carry out the purposes and intent of Ordinance No. ("the Impact Fee
Ordinance"). Terms used in this Agreement and not defined herein shall have the
meanings given to them in the Impact Fee Ordinance.
SECTION 2.
IMPOSITION AND COLLECTION OF AN
IMPACT FEE FOR EMERGENCY SERVICES
2.1 During the term of this Agreement, the Town shall impose an impact fee
for Emergency Services on each Lot (or other portion) of a Development upon the
Commencement of the Emergency Service -Generating Development and paid at the time
of issuance of a Building Permit.
2.2 For requests for Development approvals that are processed by the Town's
Community Development Department, the required impact fees shall be collected by the
Community Development Department prior to such approval and transferred to the
District as provided herein.
2.3 The Town shall not issue a Development approval for a development
activity subject to the Town's impact fees for Emergency Services until the applicant
provides proof of the applicant's payment of the impact fee.
2.4 The Town Council may waive the applicable impact fee for Emergency
Services on the development of low or moderate -income housing or affordable employee
housing as defined in Section 4-710 of the Eagle County Land Use Regulations, and
pursuant to C.R.S. 29-20-104.5(5).
3
SECTION 3.
ADMINISTRATION AND EXPENDITURE OF EMERGENCY
SERVICE IMPACT FEE REVENUES
3.1 When an impact fee for Emergency Services is paid to the Town by a
developer, such funds shall be transferred by the Town to the District within sixty (60)
days following receipt of such funds, less six percent (6%) of the fee as an administrative
fee to offset the Town's costs of collecting and administering the impact fee. The Town
hereby appoints and designates the District as the Town's designee and agent for
purposes of administering and expending the impact fees for Emergency Services as
provided herein.
3.2 Upon receipt, the District shall deposit the Town's impact fees for
Emergency Services in an interest -bearing account identifying the lot, development
activity and development approval for which the impact fee was collected and the
associated category, account, or fund of capital expenditure for which such impact fee
was imposed. Any interest or other income earned on moneys deposited in the interest -
bearing account shall be credited to the account.
3.3 The District shall use the Town's impact fees for Emergency Services to
jointly fund, in combination with District funds, the capital facilities necessary to provide
the Emergency Services needed to serve the development, as contemplated by the Eagle
River Fire Protection District Impact Fee Study, dated July 24, 2007, prepared by BBC
Research & Consulting and Stan Bernstein and Associates, Inc., or any updated, amended
or replacement analysis adopted by the Town ("BBC/Bernstein Impact Fee Study")
attached hereto as Exhibit 'A'.
3.4 The District may only utilize the Town's impact fee revenues for planning,
preliminary architectural and engineering services, architectural and engineering design
studies, land surveys, land acquisition, site improvements and off -site improvements
associated with new or expanded facilities; the construction of buildings and other
facilities; and the purchase of apparatus and equipment, including communications
equipment, with an average useable life of at least five (5) years. No impact fees shall be
used for periodic or routine maintenance of facilities and equipment, personnel costs, or
operational expenses, or any purpose not otherwise authorized by Section 29-20-104.5,
C.R.S.
3.5 In the event bonds or similar debt instruments are used to fund Emergency
Service Capital Improvements necessary to provide Emergency Services to a
development within the Town prior to collecting the impact fees associated with the
development as herein provided, once collected, the Town impact fees may be used to
pay debt service on such bonds or similar debt instruments.
4
3.6 The District shall account for all impact fees for Emergency Services
collected pursuant to this Agreement in the manner required by Sections 29-1-801, et
seq., C.R.S., and other applicable law.
3.7 The District shall establish and maintain a separate accounting system to
ensure that all Town impact fees for Emergency Services administered by the District
pursuant to this Agreement are expended for the purposes set forth in this Agreement.
Such monies shall be considered to be spent in the order collected, on a first-in/first-out
basis, that is, the first impact fees paid shall be considered the first fees appropriated and
expended. No less than annually, and more frequently as may be reasonably requested by
the Town, the District shall provide the Town an accounting of all impact fees collected,
held and expended and otherwise administered by the District on behalf of the Town.
The District shall also provide to the Town no later than December 1 of each year a
report of anticipated expenditures of the Town impact fees for the coming year.
3.8 The expenditure of revenues from the Town impact fees for Emergency
Services so collected shall constitute expenditure by the Town for assisting in the
provision of Emergency Services to new development within the Town. In exchange for
the Town's expenditure of the impact fees to jointly fund capital facilities in cooperation
with the District, the Town shall obtain an ownership interest in the capital facilities
funded by such impact fees, proportional to the amount of Town impact fees utilized to
fund the capital facility.
3.9 In exchange for the continued provision of Emergency Services within the
Town by the District, the Town hereby assigns to the District the Town's interest in any
and all capital facilities funded in whole or part by the Town's impact fees, for the life of
the capital facility. The District shall operate and maintain the capital facilities in good
condition, subject to reasonable wear and tear. This section shall survive and remain in
effect notwithstanding the termination of this Agreement or repeal or amendment of the
Impact Fee Ordinance for so long as the District continues to use the capital facilities to
provide Emergency Services to the development which paid the Town's impact fees.
Upon the expiration of the useful life of the capital facilities, any remaining Town
interest shall automatically transfer to the District.
SECTION 4.
LIABILITY AND INDEMNIFICATION
4.1 Any other provisions of this Agreement notwithstanding, if the Town is
required to make any refund of any impact fee for Emergency Services, the District shall
reimburse the Town for the required refund. The District shall indemnify, defend and
hold the Town and its officers, agents and employees harmless from and against any and
all claims or liability arising from the Town's implementation of this Agreement; or the
administration and expenditure by the District of any of the Town's impact fees.
5
Specifically, this indemnification shall include, but not be limited to, any legal action by
any party contesting this Agreement or the Impact Fee Ordinance on the grounds of
unconstitutionality, lack of authority, or preemption by State law. The District shall also
indemnify, defend and hold the Town, and its officers, agents and employees, harmless
from and against any and all claims arising from any breach or default in the performance
of the obligations on the District's part to be performed under the provisions of this
Agreement, or arising from any intentional acts, negligence or omissions of the District
or any of its officers, agents, and employees. Such indemnification by the District as
provided in this Section shall include all costs, attorneys' fees, expenses and liabilities
incurred in the defense of any claim or any action or proceeding brought on any such
claim; provided, however, nothing contained herein waives or is intended to waive any
protections that may be applicable to the District under the Governmental Immunity Act,
Section 24-10-101, et seq., C.R.S., or any other rights, protections, immunities, defenses
or limitations on liability provided by law, and subject to any applicable provisions of the
Colorado Constitution and applicable laws. In the event the Town is named as a party in
any legal action, in consultation with the Town, the District shall select legal counsel to
represent the Town in such action.
SECTION 5.
TERM OF AGREEMENT
The ten . of this Agreement shall commence upon execution of this Agreement
and shall continue until the Impact Fee Ordinance is repealed; provided, however, either
party may terminate this Agreement upon giving at least ninety (90) days written notice
of such intent to terminate to the other party. This Agreement is also subject to annual
appropriation by either party of sufficient funds necessary to carry out the obligations of
the party. Upon termination, the District shall promptly return to the Town all Town
impact fees for Emergency Services and interest accrued thereon that have not been
expended on capital facilities under this Agreement; and each party shall have no further
obligations under this Agreement, subject to the continued validity of Sections 3.8 and
3.9 as to capital facilities funded prior to such termination in whole or in part by the
expenditure of Town impact fees for Emergency Services.
SECTION 6.
REMEDIES
6.1 Time is of the essence in this Agreement.
6.2 If a party violates or breaches or fails to keep or perfoiiu any covenant,
agreement, teal). or condition of this Agreement at the time designated; or in the event a
party is in default or in violation of a term of this Agreement for which no specific time is
designated, and the default or violation continues or is not remedied within thirty (30)
6
days after notice in writing is given by the non -breaching party to the other party
specifying the matter claimed to be in default, the non -breaching party shall be entitled to
pursue all remedies available at law or in equity to enforce the tenns of this Agreement,
including the right of specific performance; provided, however, with respect to any
default that cannot be cured within thirty (30) days, such legal remedies shall not be
pursued if the breaching party takes all steps necessary to cure the default within such
period and thereafter continuously exercises due diligence to cure the default.
6.3 The Town shall use its best efforts to collect the impact fees for Emergency
Services and to withhold Development approvals until the impact fees are paid as
provided in this Agreement; however, inadvertent failure to do so by the Town shall not
give rise to any liability by the Town. The Town's failure to collect the impact fees or
the Town's issuance of Development approval without first receiving the impact fees
shall not constitute a waiver of the Town's authority to collect such fees. In such case,
the non -collected impact fees shall remain valid obligations and the Town and the
District shall cooperate to take such actions as are necessary to facilitate the collection of
the same including, without limitation and to the extent legally permissible, suspending
or revoking any permission to develop land previously granted.
SECTION 7.
NOTICES
7.1 All notices that may be required or given pursuant to this Agreement by a
party to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States first class mail, postage prepaid, and addressed as follows:
DISTRICT TOWN OF AVON
Eagle River Fire Protection District
Post Office Box 7980
Avon, Colorado 81620-7980
Town Manager
Town of Avon
P.O. Box 975
Avon, Colorado 81620
7.2 The address to which any notice or other writing may be given to any party
as above provided may be changed by written notice given by such party as above
provided.
SECTION 8.
MISCELLANEOUS PROVISIONS
8.1 This Agreement is expressly conditioned upon the continuance in force of
the Impact Fee Ordinance. In the event the Impact Fee Ordinance is repealed or amended
7
in a manner that is inconsistent with the terms of this Agreement, this Agreement shall
terminate.
8.2 No modification or waiver of this Agreement or any covenant, condition or
provision contained herein shall be valid unless in writing and duly executed by all
parties.
8.3 This written Agreement embodies the whole Agreement between the
parties and there are no inducements, promises, terms, conditions or other obligations
made or entered into by the parties other than those contained herein.
8.4 This Agreement shall be binding upon the parties hereto, the respective
successors or assigns, and may not be assigned by any party without the express written
consent of the other party.
8.5 All teiius contained in this Agreement are severable and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this Agreement
shall be interpreted as if such invalid term or condition is not contained herein.
8.6 The signatories to this Agreement affirm and warrant that they are fully
authorized to enter into and execute this Agreement, and all necessary actions, notices,
meetings and/or hearings pursuant to any law required to authorize their execution of this
Agreement have been made.
8.7 This Agreement may be amended from time to time by written Agreement
duly authorized by all the parties to this Agreement.
8.8 This Agreement does not and shall not be deemed to confer upon or grant
to any third party any right enforceable at law or equity arising out of any term, covenant,
or condition herein or the breach thereof
8.9 This Agreement, or a memorandum of this Agreement, may be recorded in
the records of the Eagle County Clerk and Recorder.
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
TOWN OF AVON, COLORADO, by and
through its Town Council
By:
Ron Wolfe, Mayor
Attest:
Patty McKenny, Town Clerk
EAGLE RIVER FIRE PROTECTION
DISTRICT, a Colorado special district, acting
by and through its Board of Directors
By:
Charles A. Moore, Fire Chief/General
Manager
Attest:
9
Exhibit A
Eagle River Fire Protection District
Impact Fee Study — Phase II, Final Report
May 7, 2008
BBC Research & Consulting
Stan Bernstein and Associates, Inc.
("BBC/Bernstein Impact Fee Study")
10
B
RESEARCH 8C
CONSULTING
3773 Cherry Creek North Drive
Suite 850
Denver, Colorado 80209-3827
303.327.2547 fax 303.399.0448
www.bbcresearch.com
bbc@bbcresearch.com
July 24, 2007
Mr. Charles Moore
Fire Chief/General Manager
Eagle River Fire Protection District
351 Benchmark Road
Post Office Box 7980
Avon, Colorado 81620-7980
Re: Eagle River Fire Protection District Impact Fee Study — Phase II, Final Report
Dear Mr. Moore:
The Eagle River Fire Protection District hired BBC Research & Consulting (BBC) and Stan
Bernstein and Associates, Inc. (SBA) in November, 2006 to calculate impact fees for the Eagle River
Fire Protection District (District). We will do so by answering the following four questions:
1. What is the current level of service provided by the Eagle River Fire Protection
District? Since the primary purpose of impact fees is to help the Eagle River Fire
Protection District maintain its current level of service in the future, it is necessary to
know the level of service the Eagle River Fire Protection District is currently providing
to the community.
2. What future growth is expected within the District? How many new residential
households and nonresidential buildings will be served by the Eagle River Fire
Protection District over the next ten years?
3. What new infrastructure is required to serve future growth while maintaining the
current level of service? For example, how many new stations and firetrucks will be
needed over ten years to maintain the current level of service?
Final Report - Page 2
4. What impact fee is required to pay for the new infrastructure? Here we calculate an
apportionment of new infrastructure costs to future residential and nonresidential land -
uses.. Then, using this distribution, the applicable impact fees are determined.
Addressing these four questions, in order, provides the most effective and logical way to
calculate impact fees for the Eagle River Fire Protection District.
1) What is the current level of service provided by the Eagle River Fire Protection
District?
The District aims to fulfill two goals in regards to the level of service provided to the community:
1. The presence of one fire station within five road miles of any major development within
the District's protection area; and,
2. For most routine requests for emergency assistance, the District will respond with a
single resource with four firefighters as opposed to two resources with 4 firefighters.
These service level goals are designed to promote efficiency, safety and better preparation for
simultaneous calls throughout the District.
However, the District's current infrastructure and equipment are sometimes insufficient to fulfill the
second goal due to recent and anticipated growth. In order to maintain this level of service to both
current and future residents, additional infrastructure and personnel will be needed by the District.
Impact fees will help mitigate the financial burden created by these future investments.
2) What future growth is expected in the District?
On March 6, 2007, SBA prepared an analysis of expected residential and non-residential growth that
is likely to occur within the boundaries of the Eagle River Regional Fire Protection District during
the next 20 years. This document is attached as Appendix A. Exhibit 1 summarizes the overall
growth projections of the District from December 31, 2006 to December 31, 2026.
Final Report - Page 3
Exhibit 1.
Future Growth - Eagle River Fire Protection District Service Population
Arrowhead
Town of Avon
Villages at Avon
Beaver Creek
Bachelor Gulch
Berry Creek
Eagle Vail
Edwards/Cord Val.
Cordillera/Summit
Red Sky Ranch
Wolcott Area
Ginn Property
Minturn
Red Cliff
Total
977
3,189.
268
2,701
970
1,069
2,346
2,637
963
16
703
125
15,964
1,007
4,229
1,642
2,754
1,042
1,099
2,380
3,072
1,204
168
1,350
2,180
893
139
23,159
30
1,040
1,374
53
72
30
34
435
241
152
1,350
2,180
190
14-
7,195
Source: Stan Bernstein and Associates, Inc.
As shown above, the District's service population will experience growth of an estimated 7,195 single
family equivalents (SFEs) in the next twenty years, a 45.4 percent increase. The largest growth will
occur at the proposed Ginn Planned Unit Development, with an increase of 2,180 SFEs. The
proposed Villages at Avon could add 1,374 SFEs; and the Wolcott Area, while difficult to precisely
define at this time, could add up to 1,350 SFEs.
3) What new infrastructure is required to maintain the current level of service for
future growth?
Exhibit 2 below includes all new infrastructure (including purchases, repair and upgrades) as detailed
in the Eagle River Fire Protection District 20 -year CIP. This list of capital is consistent with the
recommendations of the independent siting consultant retained by ERFPD provided to us via e-mail
by Charlie Moore on Friday, May 4, 2007.
Final Report - Page 4
Exhibit 2.
Future Infrastructure Needs -2007 to 2026
frastructtire
Buildings
Avon Fire Station(1)
Minturn Fire Station(1)
Wolcott Fire Station
Gilman Fire Station(1)
Edwards Fire Station
Eagle -Vail or Traer Creek Fire Station
Red Cliff Fire Station
Employee Housing Units
Public Safety Training Facilitytz>
Subtotal Buildings
Vehicles and Equpment
Fire Rescue Vehicle for Avon Fire Station(3)
Pumper Truck for Eagle -Vail Fire Station
Pumper Truck for Gilman Fire Station
Ladder Truck for Minturn Fire Station
Brush Truck for Edwards Fire Station
Brush Truck for Gilman Fire Station
Water Tanker for Gilman Fire Station
Incremental Staff Vehicles
Vehicle #1
Vehicle #2
Video Conferencing Technology
SCBA Recharge Compressor
Subtotal Vehicles and Equipment
Impact Fee Studyt°f
Year
Purchased'
Portio
to Include in
Impact Feet Value
2010 85,500,000 45% $2,478,859
2014 8500,000 10% 850,000
2009 $750,000 100% $750,000
2011 $2,500,000 100% $2,500,000
2010 $2,500,000 45% 81,126,754
2014 $2,500,000 45% 81,126,754
2009 $950,000 0% $0
TBD $1,250,000 45% $563,377
NA $7,000,000 4.5% $315,000
$23,450,000 38% $8,910,744
2010 $400,000 100% - $400,000
TBD $450,000 100% 8450,000
2010 8450,000 100% $450,000
2014 8980,000 100% $980,000
2010 $125,000 100% $125,000
2010 $150,000 100% $150,000
2014 $425,000 100% $425,000
TBD $50,000 100% $50,000
TBD $50,000 100% $50,000
TBD $60,000 0% $0
TBD $15,000 100% $15,000
$ 3,155,000 98% $3,095,000
$18,000 100% $18,000
Grand Total: $12,023,744
Note: These new assets will allow the District to meet the level of service goals.
(1) Includes land, design, building and FFE.
(2) Eagle River Fire is one of ten agencies planned to use this facility, therefore only ten percent of its growth attributable purchase value is included
in our calculations.
(3) Value represents "fully -loaded" price of the vehicle, including tools, communications and other equipment.
(4) Our Impact Fee Study is fully impact -fee eligible.
Source: Eagle River Fire Protection District 20 -year CIP.
The District plans on constructing new buildings and purchasing new vehicles and equipment in the
next twenty years. However, not all of these new infrastructure purchases are associated with growth.
Some capital costs are for repair and replacement of facilities e.g., standard periodic investment in
existing facilities such as replacing an older fire engine and re -roofing a fire station. These costs are
not impact fee eligible. Some capital costs are for betterment of facilities, or implementation of new
services (e.g., development of a fire training facility for the first time). These costs are generally not
entirely impact fee eligible. Some costs are for expansion of facilities to accommodate new
development at the current level of service (e.g., purchase of new fire truck to accommodate
expanding population). These costs are impact fee eligible.
Final Report - Page 5
Because there are different reasons why the District invests in capital projects, BBC conducted a
"GRUM" Analysis on all projects listed in the CIP:
• Growth. The "G" in GRUM stands for growth. To determine if a project is solely
related to growth, we ask "Is this project designed to maintain the current level of service
as growth occurs? " and "Would the Fire Department still need this capital project if it
weren't growing at all?" "G" projects are only necessary to maintain the Department's
current level of service as growth occurs. It is thus appropriate to include 100 percent of
their cost in the impact fee calculations.
■ Repair & Replacement. The "R" in GRUM stands for repair & replacement. We ask,
"Is this project related only to fixing existing infrastructure?" and "Would the Fire
Department still need it if it weren't growing at all?" "R" projects have nothing to do
with growth. It is thus not appropriate to include any of their cost in the impact fee
calculations.
• Upgrade. The "U" in GRUM stands for upgrade. We ask, "Would this project
improve the Fire Department's current level of service?" and "Would the Department
still do it even if it weren't growing at all?" "U" projects have nothing to do with growth.
It is thus not appropriate to include any of their cost in the impact fee calculations.
• Mixed. The "M" in GRUM stands for mixed. It is reserved for capital projects that
have some combination of G, R and U. "M" projects by their very definition are
partially necessitated by growth, but also include an element of repair, replacement
and/or upgrade. In this instance, a cost amount between 0 and 100 percent should be
included in the fee calculations. Although the need for these projects is triggered by new
development, they will also benefit existing residents.
Projects that are 100 percent growth -related were determined by our study to be necessitated solely
by growth. Alternatively, some projects were determined to be "mixed" in that they had elements of
growth, repair and replacement and/or upgrade. The Edwards Fire Station and Employee Housing
Units (found in Exhibit 2) are examples of such projects. In these situations, only a portion of the
total cost of each project was included in the final impact fee calculation.' The remainder of the cost
of each "mixed" project should be paid by the District.
After accounting for "mixed -use" purchases, the approximate total value of fee -eligible capital
construction and purchases is $12.0 million.
4) What impact fee is required to pay for future infrastructure?
Here we calculate how much of the new fee -eligible infrastructure will be paid by developers. Using
the distribution of future land -use from Exhibit 1, we can assign future infrastructure costs from
'As a proxy for the "M" percent, we used a ratio of total incremental square footage from 2007-2026 to total current square
footage. This ratio equaled about 45 percent.
Final Report - Page 6
Exhibit 2 to the appropriate development category and calculate the applicable fees. Our results are
shown in Exhibit 3.
Exhibit 3.
Calculation of Impact
Fees
Allocated Value for Future Fire Infrastructure (1)
Note:
(1) See Exhibit 2.
(2) See Exhibit 1.
Source:
Eagle River Fire Protection District 20 -year
CIP, Stan Bernstein and Associates, Inc. and
BBC Research & Consulting.
As indicated above, we have calculated an impact fee of $1,671 per new SFE. A fee not to exceed this
amount is recommended for the District. Single family homes would be charged this fee unless they
were large enough to count as more than one SFE, as determined from the utility meter portion of
each unit's building permit. Similarly, multifamily and non-residential development projects would
be assessed impact fees according to the number of SFEs they represent.
A residential meter (3/4 inch) is considered the standard meter and has a capacity ratio of 1. All larger
meters serve commercial purposes and have capacity ratios greater than 1. Exhibit 4 lists the capacity
ratios and meter size and type, according to the American Water Works Association.
Exhibit 4.
Capacity Ratios
Source:
American Water Works Association.
eter Size'
3/4 Inch
1 Inch
1-1/2 Inch
2 Inch
3 Inch
4 Inch
6 Inch
8 Inch
8 Inch
10 Inch
12 Inch
Displacement
Displacement
Displacement
Displacement/Compound
Compound
Compound
Compound
Compound
Displacement
Compound
Compound
apacity Ratio
1.0
1.7
3.3
5.3
11.0
17.0
33.0
53.3
60.2
77.1
144.2
mpact Few.
$ 1,671
$ 2,841
$ 5,515
$ 8,857
$ 18,382
$ 28,409
$ 55,147
$ 89,071
$100,602
$128,900
$240,988
Using the ratios from Exhibit 4 and the utility meter portion of each new building permit, the
District can determine how many SFEs each new building represents and assess the appropriate fee.
For example, a new commercial building with a 3 inch meter warrants an impact fee of $18,382.
Implementation Recommendations
We offer the following recommendations for your consideration:
Final Report - Page 7
• The fees calculated in Exhibit 4 should be considered as the maximum defensible
amount, and can be lowered by the District's board if there are economic development
concerns.
• In order for the District to collect those fees, it will need to pursue intergovernmental
agreements (IGAs) with local governments that have building permit authority such as
Eagle County and the Towns of Avon, Minturn and Redcliff.
• The District should promptly create and maintain an "Impact Fee Fund" separate and
apart from the General Fund. All current and future impact fee revenue should be
immediately deposited into this account, and withdrawn only to pay for growth -related
infrastructure. The Department's General Fund should be reserved solely for the receipt
of tax revenues and associated interest earnings, and ongoing operational expenses
including the repair and replacement of existing infrastructure not related to growth.
• The fees calculated in this study should be updated periodically as the District invests in
additional fire protection infrastructure beyond what is listed in Exhibit 2, and/or the
District's population or inventory of commercial square footage change significantly.
• The fees should be updated annually based on the Engineering News Record index or
other infrastructure inflation indices.
• For projects listed in the Capital Improvements Plan that are not 100 percent growth -
related ("mixed" projects), the District should assume the responsibility of paying their
share from existing fund balances and/or ongoing revenue sources not tied directly to
growth.
• The timing of the initial implementation of the fees is important. For example, an
estimated 218 SFEs are conservatively estimated to be constructed within the District's
boundaries during 2007 — at an assumed fee rate of $1,671 per SFE, approximately
$364,278 of fee revenue would be lost if the fees were not implemented during 2007.
• It is important for the District to understand that approximately $12.0 million of fees
are estimated to be collected from during years 2007 through 2026. however, the
District's CIP (as set forth on Exhibit 2) indicates that growth related capital
improvements will be required to be constructed or purchased during years 2009
through 2014.
Consequently, these fee revenues will likely lag the need for growth related CIP projects.
The District should plan for this net fee revenue shortage, and may have to advance
General Fund or Bond Fund revenues to the Impact Fee Fund and seek reimbursement
in future years from fee revenues generated. It will be difficult for the District to market
revenue bonds which are supported by estimated fee revenue generated in future years.
Final Report • Page 8
• In the event that Developers pay for CIP related improvements, the District could
consider implementing a type of "Cost Recovery Policy" so that Developers are
reimbursed all, or a portion, of the fees generated by their respective real estate
developments.
• The District has hired a planning consultant to refine the District's CIP. While we feel
the current CIP accurately reflects future purchases for the District, any changes made
by the consultant can be easily applied to the impact fees through amendment.
Please feel free to contact us with any questions or concerns you might have about our conclusions.
Our toll -free telephone number is 800-748-3222, x236 for Tom Pippin and x252 for Scott Kitchens.
Sincerely,
Thomas A. Pippin
Managing Director
Stan Bernstein
Stan Bernstein
Bernstein and Associates, Inc.
Scott Kitchens
Research Associate
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Phone: 303-409-7611 Fax: 303-409-7612 Email: Stanplan @ Earthlink.net
September 10, 2007
Mr. Charlie Moore
Board of Directors
Eagle River Fire Protection District
RE: DRAFT #6 ERFPD — FUTURE SINGLE FAMILY EQUIVALENT UNIT
AND IMPACT FEE REVENUE FORECAST
Dear Charlie and Board of Directors:
Enclosed for your review is the most current draft of the results of our 2007 forecast of
future Single Family Equivalent Units (SFE's) within the boundaries of Eagle River Fire
Protection District ("ERFPD"). For the purposes of this forecast, one SFE contains 3,000
square feet, with the exception of hotel rooms which are assumed to be 0.35 SFE's or
0.50 SFE's depending upon kitchen facilities. The attached Schedule 1 summarizes the
future SFE'S for ERFPD for the years ending December 31, 2007 through 2025.
The last two rows on page 2 summarize the Impact Fee Revenues that could be generated
from the proposed impact fee rate of $1,671 per SFE. These Impact Fee Revenues total
Approximately $14.6 million from 2007 through 2025 (approximately $480,000 for
2007).
As of December 31, 2006 there were approximately 15,990 SFE's being served by
ERFPD. Schedule 1 indicates an additional 8,714 SFE's could be added during the next
19 -years which represents an increase of approximately 54.5% over the SFE base as of
December 31, 2006. The total estimated increase in SFE' S during the next 19 -years by
geographical area is summarized on the following page:
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 2 of 6
INCREASE 2007 -
GEOGRAPHICAL
AREA
ARROWHEAD
TOWN OF AVON
VILLAGES @ AVON(*)
BEAVER CREEK
BACHELOR GULCH
BERRY CREEK
EAGLE VAIL
EDWARDS/CORD VAL.
CORDILLERA/SUMMIT
RED SKY RANCH
WOLCOTT
GINN PROPERTY
MINTURN
RED CLIFF
TOTALS
SFE'S
(a, 12/31/06
977
3,194
268
2,706
979
1,080
2,352
2,622
968
16
0
0
703
125
15,990
SFE'S
(u, 12/31/25
1,007
4,251
2,428
2,757
1,051
1,113
2,388
3,453
1,406
168
1,350
2,300
893
139
24,704
ADDED
DURING
2007 SFE'S
10 30
64 1,057
0 2,160
30 51
31 72
13 33
5 36
81 831
33 438
8 152
0 1,350
0 2,300
10 190
2 14
287 8,714
2025
PERCENT
3.07%
33.09%
805.97%
1.88%
7.35%
3:06%
1.53%
31.69%
45.25%
950.00%
N/A
N/A
27.03%
1120%
54.50%
(*) Approximately 514 additional SFE' S could be constructed at the Villages @ Avon.
Schedule 1 indicates that an additional 287 SFE'S could be added during 2007; 401
SFE'S units could be added during 2008 (approximately 55% of those living units
assumed be generated from The Confluence Riverfront related development); and an
average of 466 SFE'S are assumed to be added annually during 2009 - 2025. It is
important that these SFE estimates are carefully monitored so that adjustments can be
made as future events regarding construction activity becomes clearer.
A brief summary of the various projects expected to be constructed during the next 20 -
years within the boundaries of ERFPD is described in the following paragraphs.
ARROWHEAD
Arrowhead is approaching full-buildout. We have assumed an average of 10.0 SFE's
added during the next two years (2008 - 2009). This assumes that 5 — 6 large homes per
year for the next two years will be constructed at various subdivisions at Arrowhead.
TOWN OF AVON (EXCLUDING VILLAGES (aii AVON)
The Town of Avon (excluding the Villages of Avon) is expected to add approximately
1,057 additional SFE's during the next nineteen years as described in the following
paragraph.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 3 of 6
Approximately 10 SFE's per year during 2008 are expected to be generated from the
Wildridge subdivision with an additional 5 SFE's per year from 2009 — 2013 and 2 SFE's
per year beginning in 2014. Approximately 4 SFE's per year are expected to be
generated from the Mountain Star subdivision., The West Avon Mall area (including only
Avon Center and Lot 61 projects) is expected to generate 176 SFE's in years 2010 —
2013. The Gates at Beaver Creek development is expected to generate 50 SFE's in 2007.
The Madison Partner's PUD is located east of The Gates development and is estimated at
112 SFE's during 2010. The Sheraton Mountain Vista expansion is expected to generate
61 SFE's during 2010 and 46 SFE's in 2012. The Westin Riverfront development
(Confluence) is expected to generate approximately 373 SFE's in years 2008 - 2010. The
Pizza Hut area (including the Buck Creek PUD) is expected to generate approximately 84
SFE's by the end of 2012. There is also a possibility that the entire East Avon
Commercial Area (City Market Area) could generate significant additional SFE's as a
result of potential urban renewal activity which is currently being studied by the Town of
Avon and its consultants — we are assuming no SFE's from this development at this time.
THE VILLAGES AT AVON
The Town of Avon has provided the following information reflecting the Town's most
current thinking regarding the scope and timing of real estate development at the Villages
at Avon. However, this information is obviously subject to a high degree of speculation
and uncertainty and modification and change as of this date and should be viewed in that
context. Based upon current zoning, approximately 2,160 additional SFE' S could be
added during the next 20-25 years. It is important to understand that we are not projecting
any additional SFE's generated from this area until 2010 when we estimate an additional
70 SFE's generated from residential and commercial construction activity.
Following is a discussion of the information that the Town of Avon has provided
regarding the future development plans at the Villages at Avon.
Single Family Homes
A total of 54 moderate -sized homes are expected to be constructed south of I-70 from
2011 through 2022. A total of 37 estate -sized homes (containing approximately 1.75
SFE's each) are expected to be constructed north of I-70 from 2013 through 2022.
Condominiums, Multi -Family Projects
Approximately 144 RMF -1 condominiums are expected to be constructed during 2010
through 2013. Approximately 96 RMF — 3 condominiums are expected to be constructed
during 2010 through 2013. Approximately 33 condominiums per year beginning in 2012
are expected to be constructed Area A, D, E, and F combined. An additional 650,000
square feet of retail space is expected to be completed by the end.of 2015, which is would
add a total of approximately 55.0 SFE's on a conservative basis.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 4 of 6
Affordable Housing Projects
A total of 500 affordable housing units are expected to be constructed in three phases.
The first phase is complete. The second phase will consist of 155 units expected to be
completed during 2012, and the final phase will consist of 113 units expected to be
completed during 2013.
Hotel Projects
A total of 560 hotel rooms (i.e., approximately 197 SFE's assuming each hotel room is
assessed 0.35 SFE's) are expected to be constructed in three phases. The first phase is
expected to be completed by the end of 2012 and consist of 150 hotel rooms generating
53 SFE's. The second phase is expected to be completed by the end of 2014 and consist
of a 245 room hotel containing approximately 86 SFE's. The final phase is expected to
be completed during 2017 and consist of a 165 room hotel containing approximately 58
SFE's.
BEAVER CREEK
Beaver Creek is approaching full-buildout. We are assuming an additional 7.0 SFE's per
year during 2008 — 2010.
BACHELOR GULCH
Bachelor Gulch is also approaching full-buildout. A total of approximately 31 SFE's
will be added during 2008 from the Beaver Creek Landing project. 5 SFE's are
estimated during 2009 and 2010. Additional SFE's could also be generated from the
potential conversion of a portion of the Ritz -Carlton Hotel rooms to large fractional, or
whole ownership units.
BERRY CREEK (SINGLE TREE)
Single Tree is approaching full-buildout with an additional 20 SFE's expected to be
added during the next two years as a result of new construction and remodeling projects.
EAGLE VAIL
Eagle Vail is 100% completed and built -out, although various renovation projects appear
to be resulting in additional SFE's.
EDWARDS (INCLUDING CORDILLERA VALLEY CLUB)
Following is a summary of likely development in Edwards.
Homestead, Heritage Park, South Forty, Fred Green, Riverwalk - Riverwalk and
Heritage Park are assumed to be complete in 2007. We estimate an additional 96 SFE's
during 2008 — 2010 to be generated from various vacant lots in Homestead, South Forty,
and the proposed Fred Green site. We estimate an additional 20 SFE's per year from
these areas during 2010 — 2014, and 10 SFE's per year beginning in 2015.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 5 of 6
West End (Gashouse Corner)
The West End development is expected to include 185 multi family and affordable
housing units plus commercial space. We estimate 200 SFE's from this development
during 2009 — 2014.
Rick Mueller Development
There is currently a PUD submittal for a 40 — 60 multi- family development residential
project south of Edwards Corner (north of the church). We have assumed 50 SFE's
during 2008 — 2009.
Fox Hollow (West of Mobile Home Park, South Side of Highway 6)
The Fox Hollow PUD includes 21,000 square feet of light industrial/commercial space
and 26 residential units (duplex and condominium). A portion of the commercial space is
under construction (veterinary space). We estimate a total of 10 SFEs from the
commercial development and 26 SFES from the residential development (total of 36
SFE's during 2007 — 2010). This site also includes the Edwards Design and Craft Center
PUD which includes 49,700 square feet of light industrial/commercial space and 5
employee housing units. We estimate 25 SFE's from this site during 2010 — 2015.
Equestrian Center Site
2 schools (1 high school and 1 elementary school) are planned for this site. The schools
are expected to be complete by 2010. Based on current SFE's for Battle Mountain High
School (40.9 plus 10.3 for the addition) and Edwards Elementary School (10.3) we
estimate 40 SFE's for the high school and 10 SFE's for the elementary school in 2010.
Cordillera Valley Club is assumed to add an average of approximately 6 SFE's (3-4
homes).
CORDILLERA AND THE SUMMIT
The Summit area of Cordillera is assumed to add approximately 8 — 9 SFE's annually
beginning in 2007 (although the number of new SFE's may decline to 4 -5 after the next
5 years — we will continue to monitor this). The Divide and Ranch subdivisions of
Cordillera are assumed to add approximately 8 — 9 SFE's annually beginning in 2007.
RED SKY RANCH — At full buildout Red Sky Ranch will contain 117 single family
residences. As of December, 2006 there are approximately 16 completed homes in Red
Sky Ranch. We estimate 5 additional homes per year beginning in 2007.
WOLCOTT — Future development in the Wolcott area is projected to begin within the
next ten years. At full buildout, we estimate a total of residential living units in the
Wolcott area. We assume 39 living units in 2010 with full-buildout occurring by 2025.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 6 of 6
GINN DEVELOPMENT — For purposes of this report, we are assuming the Ginn
Development outside of Minturn will contain 600 single family homes and 1,100
townhome/condominium units. It is assumed that residential units will begin
construction during 2011 and approach full-buildout by 2025.
MINTURN - On a conservative basis, it is expected that unidentified real estate
development within the Town of Minturn will add an average of 10 residential units
annually after 2006.
RED CLIFF — According to official from the Town of Red Cliff, the town currently
serves 125 SFE's for water and sewer. The Town is largely built out with only a few
vacant lots remaining. The area is seeing a trend of scraping older homes to rebuild
larger, newer homes. This trend may result in a couple new SFE's annually.
LIMITATIONS
Stan Bernstein and Associates, Inc. has assembled the above information, and the
information presented on Schedule 1, based on information provided by others. Stan
Bernstein and Associates, Inc. has not independently evaluated or tested this information.
Consequently, Stan Bernstein and Associates, Inc. does not vouch for the achievability or
accuracy of this information, and disclaims any opinion with respect to this information.
Very truly yours,
Stan Bernstein
Stan Bernstein and Associates, Inc.
TOWN OF AVON, COLORADO
Ordinance No.
AN ORDINANCE OF THE TOWN OF AVON,
COLORADO, AMENDING TITLE 17 OF THE AVON
MUNICIPAL CODE, BY ADOPTING FIRE
PROTECTION AND EMERGENCY MEDICAL
SERVICES IMPACT FEES FOR LAND
DEVELOPMENT ACTIVITIES GENERATING THE
NEED FOR ADDITIONAL FIRE PROTECTION OR
EMERGENCY MEDICAL SERVICES.
WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality
duly organized and existing under Article XX of the Colorado Constitution and the Town
of Avon Home Rule Charter of 1978 ("Charter"); and
WHEREAS, the Town, by virtue of its Home Rule status, may adopt such
ordinances relative to local municipal matters as are necessary to effectuate the purposes
and intent of the powers granted to municipalities; and
WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the
power to erect engine houses and provide fire engines and the necessary fire apparatus for
the extinguishing of fires and to provide for the use and management of the same by
volunteer fire companies or otherwise; and
WHEREAS, the Eagle River Fire Protection District ("Eagle River Fire" or
"District") is a Colorado special district existing and operating under Title 32, Article 1,
C.R.S., which includes the Town within its jurisdictional boundaries for the provision of
fire protection and emergency medical services; and
WHEREAS, the Town Council has detenmined that the District's capital
infrastructure is designed to be mutually reinforcing for safety in that fire stations and
firefighting equipment provide back-up coverage throughout the District's service area
regardless of the physical location of a call for service within that area; and
WHEREAS, the Town is experiencing high rates of population growth, increased
population density and increased demand for fire protection and emergency medical
services as a result of land development within the Town; and
WHEREAS, to the extent that new development places demands upon the capital
facilities and infrastructure for fire protection and emergency medical services, those
C:\Documents and Settings\cmoore\Desktop\Town of Avon
Impact Fees\Mode] Ordinance Impact Fees 06 04 2007.doc
demands should be satisfied by the shifting the responsibility for financing such capital
facilities and infrastructure from the public to the development creating the demands; and
WHEREAS, the volume and pace of land development in the Town threatens the
provision of adequate fire protection and adequate emergency medical services; and
WHEREAS, the demand for fire protection and emergency medical services and
facilities is immediate upon development of residential and commercial units even
though the District's funding from tax revenues often accrues after the demand for such
services exists; and
WHEREAS, the Town Council finds and determines that one of the primary roles
of building, subdivision and development review is to ensure availability of essential fire
protection and emergency medical services and facilities, and that in order to promote
and protect the convenience, order, prosperity and welfare of present and future
inhabitants of the Town, a rational system is necessary to identify growth -related costs
incurred by Eagle River Fire in providing new and expanded fire protection and
emergency medical services made necessary by expanded population and economic
activity levels generated by new development, and a fee structure therefor directly related
to such costs and method for collection of such fees, should be adopted; and
WHEREAS, the Town Council believes that fire protection and emergency
medical services impact fees should reflect actual growth related capital costs; and
WHEREAS, new development should not be charged for upgrading existing fire
protection services and existing emergency medical services to serve primarily existing
development, and funds collected from new development for fire protection services and
emergency medical services should be primarily used to benefit such new development;
and
WHEREAS, the adoption of a requirement that developers of new residential,
commercial and industrial subdivisions as, well as new commercial, industrial and multi-
family developments pay fire protection impact fees and emergency medical service
impact fees as established herein will ensure that development bears a roughly
proportional share of the cost of providing new and enhanced fire protection services and
emergency medical services necessary to accommodate such new development; and
WHEREAS, pursuant to Section 31-23-207, C.R.S., the purpose of a master plan,
and any regulations adopted thereunder, is to guide and accomplish a coordinated,
adjusted, and harmonious development of the municipality and its environs which will, in
accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity and general welfare, as well as efficiency and economy in the
process of development, including among other things the promotion of helpful and
convenient distribution of population, wise and efficient expenditure of public funds, and
the adequate provision of public facilities; and
WHEREAS, pursuant to Section 31-23-303, C.R.S., a municipality may enact
regulations made in accordance with a comprehensive plan designed to promote the
health and general welfare, to avoid undue concentration of population, and facilitate the
adequate provision of transportation, schools, and other public facilities; and
WHEREAS, the Local Government Land Use Control Enabling Act (the "Act"),
Sections 29-20-101, et seq., C.R.S., Article 23 of Title 31, and other applicable law grant
broad authority to the Town to plan for and regulate the development of land on the basis
of the impacts thereof on the community and surrounding areas; and
WHEREAS, Section 29-20-104.5 authorizes counties and municipalities to impose
an impact fee as a condition of issuance of a development permit to offset the costs of
providing any capital facility directly related to any service the county or municipality is
authorized to provide, that has a useful life of at least five years, and is required by
charter or general policy of the county or municipality; and
WHEREAS, Sections 29-1-801, et seq., C.R.S., concerning land development
charges, recognize that local governments may collect charges imposed on land
development as a condition of the approval of development, if such charges relate to an
expenditure for an improvement, facility, or piece of equipment necessitated by land
development that is directly related to a local governmental service; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974
authorizes and encourages local governments to cooperate or contract with other units of
government for the purpose of regulating the development of land and the impacts
thereof; and
WHEREAS, the Town Council fords and determines that as a part of the
subdivision, special use, and variance permit review processes, it is necessary and proper
to examine whether adequate fire protection facilities and equipment and adequate
emergency medical services facilities and equipment will b.e available to residents of the
Town, if such development is approved; and
WHEREAS, Eagle River Fire has ordered BBC Research & Consulting and Stan
Bernstein and Associates, Inc. to conduct and BBC has completed a Impact Fee Study
(`BBC/Bernstein Impact Fee Study") analyzing the extent of the impact of development
on fire protection services and emergency medical services throughout the Eagle River
Fire Protection District, including the Town of Avon, and the fees necessary to mitigate
the impact thereof; and
WHEREAS, prior to final adoption, a public hearing was held before the Town
Council of the Town of Avon to consider the adoption of the provisions set forth herein,
following public notice as required by law; and
WHEREAS, based upon the testimony at the public hearing, in the reasonable
judgment of the Town Council, it finds that (1) new development upon which the impact
fees for fire protection and emergency medical services are imposed creates a need for
the capital facilities being funded by such fees; (2) new development will benefit from
the construction of the facilities and improvements to be funded by these impact fees; and
(3) the costs of the facilities and improvements funded by these impact fees are directly
related to that required by new development; and
WHEREAS, The Town Council finds that taking legislative action regarding fire
protection and emergency medical services impact fees as set forth in this Ordinance is
necessary to protect the health, safety and welfare of the present and future inhabitants of
the Town and is consistent with the Town's goals, policies and plans, including the
Town's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, as follows:
Section 1. Adoption and addition of Chapter 17. to the Zoning Code of
the Town of Avon, Colorado. Title 17 of the Avon Municipal Code is amended by the
addition thereto of a new Chapter 17. which is to read in full as follows:
Chapter 17. . Impact Fees
Sec. 17._._. Purpose
Sec. 17._._. Use of Fees
Sec. 17._._. Payment of Fees
Sec. 17._._. Timing of Payment
Sec. 17._.. Alternative Fee Calculation
Sec. 17._._. Credit for Improvements
Sec. 17._.. Refund of Paid Fees
Sec. 17._._. Lien for Unpaid Fees
Sec. 17._._. Waiver
Sec. 17._._ Impact Fee Schedule
Sec. 17. . Annual Adjustment
Sec. 17.. Purpose
A. The Town requires that areas chosen for development shall be capable of
being provided within a reasonable period of time with an adequate level of fire
protection and emergency medical services, including fire protection facilities and
emergency medical services facilities.
B. This Section is intended to:
(1) Provide a rational system for identifying and mitigating costs
associated with growth and development and the expansion of fire
protection and emergency medical services and facilities made necessary by
land development activities, a growing population and economic activity
levels.
(2) Regulate the use and development of land to ensure that new
development pays no more nor less than its fair share of the cost of capital
expenditures necessary to provide adequate fire protection and emergency
medical services to developments within the Town.
(3) Assure that the system of impact fees implemented in this Article is
linked to a capital facilities program designed to provide the facilities and
equipment for which the impact fees are imposed.
(4) Ensure that the impact fees established by this Article are not used to
offset existing deficiencies in capital facilities necessary to serve pre-
existing development.
(5) Ensure that new development that adequately mitigates or reduces
the impact it creates on fire protection and emergency medical services
through site -specific dedications or improvements receives offsetting credit
against its impact fee obligation.
Sec. 17. . Use of Fees.
A. All impact fees collected pursuant to this Article shall, after retention of a
reasonable administrative fee not to exceed six percent (6%) by the Town, within
sixty (60) days following payment to the Town, be transferred to the Eagle River
Fire Protection District (the "District").
B. After payment to the District, all fees collected pursuant to this Article shall
be accounted for in the manner required by 29-1-801, et seq., C.R.S., and other
applicable law. Fees shall be deposited in an interest -bearing account which
clearly identifies the lot, development activity and development approval for
which the impact fee was collected and the associated category, account or fund of
capital facility, by either aggregate or individual land development. Each such
category, account, or fund shall be accounted for separately. Any interest or any
income earned on moneys deposited in said interest -bearing account shall be
credited to the account.
C. Revenues from impact fees shall be used exclusively for capital facilities,
as defined by Section 29-20-104.5, C.R.S., for fire protection and emergency
medical services. The costs of such capital facilities shall include any financing
costs associated with such improvements.
D. No fees shall be used for periodic or routine maintenance, personnel costs
or operational expenses.
E. In the event that bonds or similar financing instruments are used for the
advance provision of any capital facilities for which impact fees are required,
impact fee revenues may be used to pay debt service on such bonds or similar
financing instruments.
F. The Town may enter into an intergovernmental agreement with the District
to jointly fund expenditures and provide capital facilities needed to serve the
development for which the impact fees were imposed. To the extent such
intergovernmental agreement utilize revenues from the impact fees imposed by
this Chapter, it shall include such terms requiring compliance with this Chapter
and Colorado law regarding impact fees, including Part 8, Article 1, Title 29 and
Sections 29-20-103 and 29-20-104.5, C.R.S., and auditing of accounts and
compliance as deemed appropriate by the Town Council.
G. In the event this Ordinance is repealed or any such intergovernmental
agreement is terminated, such capital facilities during their useful life shall
continue to be utilized to provide services to the development for which the impact
fees were imposed.
Sec. 17. . Payment of Fees.
A. As used in this Article and as defined in this Land Use and Development
Code, the term "development approval" shall constitute a "development permit" as
that term is used in Sections 29-20-103 and 29-20-104.5, C.R.S.
B. A developer requesting a development approval shall pay the impact fees
established by this Article as a condition of development approval. The obligation
to pay such impact fees shall run with the land.
C. Where previous development activity has occurred prior to the imposition
of the impact fees established by this Article, or for which impact fees were
previously paid, impact fees for subsequent development activity on the same lot
shall be based on the net increase, if any, in the impact fee based on the demand
for capital facilities for fire protection and emergency medical services created by
the new development activity as compared to the previous development_ activity.
D. For applications for an amendment or change to a development approval
previously obtained, but for which the development activity was not completed,
the amount of the impact fee for the subsequent development approval shall be
based on the net increase, if any, in the demand for capital facilities for fire
protection and emergency medical services created by the new development
approval as compared to the impact fee paid for the previous development
approval.
Sec. 17. . Timing of Payment.
A. Where development activities may result in multiple levels of development
approvals, such as annexation, zoning, subdivision and building permit approval,
impact fees shall be paid upon the earliest development activity to occur for which
the amount of impact fees can be reasonably calculated.
B. If for any reason, the amount of the impact fee cannot be calculated at the
time of the initial level of development approval, the Town may defer computation
and payment of all or a part of the impact fee until a subsequent level of
development approval, or the Town may require that an estimated fee be paid. If
an estimated fee is paid, any underpayment shall be recovered at the time of the
next development approval at which the impact fee can be reasonably calculated.
In the event an over -payment is made, such over -payment shall be refunded,
without interest, within thirty (30) days following the date the impact fee can be
completely computed.
Sec. 17. . Alternative Fee Calculation.
In lieu of payment of impact fee amounts set forth in this Article, the developer
may prepare and submit to the Town Manager a site -specific fiscal impact and fee
calculation study for the development approval that is requested. The site -specific fiscal
impact and fee calculation study shall follow the prescribed methodologies and foimats
established by the impact fee study submitted by the District. The fiscal impact study
submitted shall show the basis upon which the site -specific fee calculation was made.
The site -specific fiscal impact and fee calculation study shall be prepared and presented
by professionals qualified in their respective fields. The Town Manager shall consider
the documentation submitted by the developer, but is not required to accept such
documentation reasonably deemed to be inaccurate or not reliable, and may, in the
alternative, require the developer to submit additional or different documentation for
consideration. If an acceptable site -specific fiscal impact and fee calculation study is not
presented, the developer shall pay the impact fee set forth in this Chapter. Determinations
made by the Town Manager pursuant to this paragraph may be appealed to the Town
Council by filing a written request with the Town Manager within ten (10) days of the
Town Manager's determination. Following the submittal of such request, the Town
Council shall hold a public hearing to determine the amount of the impact fee, which
shall be paid prior to the development approval. The decision of the Town Council shall
be a final quasi-judicial decision for purposes of Rule 106(a)(4) and (b), C.R.C.P.
Sec. 17._. Impact Fee Credit for Improvements.
Upon approval by the Town Council, any developer obligated to pay an impact fee
shall receive a credit against the amounts due or to become due for any site -specific
dedication or improvement provided by the developer to meet the same need for capital
facilities for fire protection and emergency medical services for which the impact fee is
imposed. No developer shall be required to provide any site specific dedication or
improvement to meet the same need for capital facilities for which an impact fee is
imposed.
Sec. 17. . Refund of Paid Fees.
A. If a development approval expires without commencement of construction
or development, the developer shall be entitled to a refund, without interest, of the
impact fee paid as a condition for development approval, except when the fee has
been expended or encumbered by the District in advance of and in anticipation of
development. The developer must submit an application for such refund to the
Town Manager within thirty (30) days of the expiration of the development
approval. Neither the Town or the District shall have any obligation to refund any
fee that has been expended or encumbered by the District in advance of and in
anticipation of the development.
B. Any fee not expended or encumbered by the District by the end of the
calendar quarter immediately following ten (10) years from the date the fee was
paid by a developer shall, upon application of the then current landowner to the
Town Manager, be returned to the landowner with interest earned on the fee,
within one hundred eighty (180) days of the expiration of such ten (10) year
period. Provided, however, that the Town Council, in its discretion, for good
cause shown, may extend such period of time for an additional period as the Town
Council deems reasonable and necessary.
Sec. 17._._ Lien for Unpaid Fees.
All impact fees shall constitute a prior, perpetual lien upon each lot or parcel
subject to the development approval for which impact fees are imposed from the due date
thereof, until paid. If such fee is not paid when due, in addition to any other means
provided by law, the Town Clerk shall certify such delinquent fee to the Treasurer of
Eagle County, and the fee shall be collected in the same manner as though it were part of
the taxes. The Town may withhold or revoke any development approval, including
certificates of occupancy, for which payment of impact fees is delinquent.
Sec. 17._. Waiver.
The Town Council may, by resolution, grant a waiver of the applicable impact
fees for fire protection and emergency medical services on the development of low or
moderate -income housing as defined in Section 4-710 of the Eagle County Land Use
Regulations, and pursuant to C.R.S. § 29-20-104.5(5).
Sec. 17._ Impact Fee Schedule.
The following impact fees for fire protection and emergency medical services are
established and imposed. The impact fee amounts and rates are deemed to fairly,
equitably and proportionately mitigate the impacts on capital facilities for fire protection
and emergency medical services created by development within the Town:
For Residential, Commercial (including lodging) or Industrial Development,
impact fees imposed for fire protection and emergency medical services shall be based on
size of the water meter required for development:
3/4 inch. Impact Fee:. $ 1,671
1 inch Impact Fee: $ 2,841
1.5 inch Impact Fee: $ 5,515
2 inch Impact Fee: $ 8,857
3 inch Impact Fee: $18,382
4 inch Impact Fee: $28,409
6 inch Impact Fee: $55,147
8 inch Impact Fee $89,071
10 inch Impact Fee $128,900
12 inch Impact Fee $240,988
Sec. 17._ _ Annual Adjustment.
The impact fees imposed hereby shall be reviewed and may be administratively
adjusted without further Town Council action annually for inflation, beginning January
May 30, 2008
Via email -- Original not sent
Councilor Amy Phillips
Town of Avon
PO Box 975
Avon, CO 81620
Re: I RFPD Impact Fee Financial Reports
Dear Amy,
You emailed me questions relating to some of the financial detail on the Fire
District's Long Range Financial Plan Please find the responses to your questions below,
Regarding your questions surrounding the assessed valuations as presented in
Scenario 2 of our Financial Model, it should be understood that in order to arrive at the full
tax revenues you must add the revenues from tab GF Operations (line 3) together with -
revenues from tab GF Capital (line 3); so you will see the 2008 property tax revenues from
the GF Operations tab is $5,654,331 while the property taxes from the GF Capital tab is
$634,558. Both of these total $6,288,889, which corresponds with our 5.55 tax levy.
Once again, this same method applies to your question relating to the increase from
2008 to 2009. When you total the revenues from both tab GF Operations and GI' Capital,
the revenues total $6,479,822 representing an overall revenue increase of $190,933.
In response to your concern on the decrease in revenue from 2009 to 2010, Stan
Bernstein has advised the District that he has projected a conservative estimate, as 2009 is a
Gallagher property re -assessment year and for the reason that the economy has slowed.
Stan will attend the June 10 Council meeting but is out of the country until then — so I
cannot offer more detail until then. Stan is recommending that we revise AY again to
numbers slightly more conservative than what we previously- presented. Those new
numbers will be given Council next week.
POST OFFICE. Box 7980 • 0351 BENCHMARK ROAD • AVON, COLORADO 81620-7980
PHONE: 970-748-9665 • FAX: 970-748-4749 • EMAIL: INFO<ta'E.RFPD.ORG
pap:. 2 — Amy Phillips
\iay 30, 2008
You also noted that you would like to review the projections and worksheets as
provided by Stan Bernstein, hence, please find those attached in draft form. Although note
that all figures reflected in our model regarding property valuations were provided by Stan
except for 2015 and 2016. Stan's original information did not project out that far, so per
his recommendation we simply increased the assessed values by 2% each year.
I believe the above answers all your questions at this time. However, if you have
further questions or concerns, please do not hesitate to contact me or Nikki Gibbs, die.
District's Finance Officer. She can be reached at (970) 977-1017.
Cow
Charles A. MO Ore
. General Manager/Fire Chief
Ends: Stan Bernstein Draft 9/19/2007
Page 1 of 1
Charlie Moore
From: aimissvail@aol.com
Sent: Wednesday, May 28, 2008 2:01 PM
To: Charlie Moore
Subject: Impact Fee Financial Reports
Dear Charlie:
Thank you for providing some of the financial detail behind the districts request for impact fees to
mitigate the costs of future growth. At surface value impact fees may be an equitable way to deal
with the costs of growth, how you arrived at the fee structure is my main concern.
I have several questions about the financial model scenario 2 that has been presented to rationalize
the impact fees that the district wants the Town of Avon to collect on its behalf.
Could you please explain:
In the 2008 adopted budget the Tax Revenue is 6,288,889 and the 2008 tax revenue used in
Scenario 2 is 5,654,331 why is there a discrepancy of $ 634,558?
In scenario 2 the 2008 assessed value is 1,133,133,210 to generate $ 5,654,331 in taxes and
the 2009 assessed value is 1,167,535,486 to generate $ 5,644,308 in taxes
(an increase of 34,398,376 to generate a decrease of $ 10,023)
The mil levy stays the same so how can this be?
Additionally the 2010 assessed value decreases to 1,071,055,913 for a decrease in collected taxes
in the financial model that is intended to demonstrate the need for the impact fees requested. I
cannot possibly understand what could drive the assessed value down between 2009 & 2010.
Could someone please explain.
I would be like to see the Stan Bernstein report that has been referenced, but not provided. I am
quite familiar with these reports and I am concerned that you did not see fit to include them with the
information that has been provided to our council to explain why you need the additional money and
how you assessed the amounts that you intend to request.
I will be looking further at the financial modeling, including the expense side, that drives the fees
that you are requesting and I will let you know if I have any additional questions.
Regards,
Amy C. Phillips
Avon Town Councilor
970-331-1645
Stay informed, get connected and more with_AOL on your phone.
5/30/2008
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For. Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Phone: 303-409-7611 Fax.• 303-409-7612 Email: Stanplan @ Earthlink.net
September 10, 2007
Mr. Charlie Moore
Board of Directors
Eagle River Fire Protection District
RE: DRAFT #6 ERFPD — FUTURE SINGLE FAMILY EQUIVALENT UNIT
AND IMPACT FEE REVENUE FORECAST
Dear Charlie and Board of Directors:
Enclosed for your review is the most current draft of the results of our 2007 forecast of
future Single Family Equivalent Units (SFE's) within the boundaries of Eagle River Fire
Protection District ("ERFPD"). For the purposes of this forecast, one SFE contains 3,000
square feet, with the exception of hotel rooms which are assumed to be 0.35 SFE's or
0.50 SFE's depending upon kitchen facilities. The attached Schedule 1 summarizes the
future SFE'S for ERFPD for the years ending December 31, 2007 through 2025.
The last two rows on page 2 summarize the Impact Fee Revenues that could be generated
from the proposed impact fee rate of $1,671 per SFE. These Impact Fee Revenues total
Approximately $14.6 million from 2007 through 2025 (approximately $480,000 for
2007).
As of December 31, 2006 there were approximately 15,990 SFE's being served by
ERFPD. Schedule 1 indicates an additional 8,714 SFE's could be added during the next
19 -years which represents an increase of approximately 54.5% over the SFE base as of
December 31, 2006. The total estimated increase in SFE'S during the next 19 -years by
geographical area is summarized on the following page:
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 2 of 6
GEOGRAPHICAL
AREA
ARROWHEAD
TOWN OF AVON
VILLAGES @ AVON(*)
BEAVER CREEK
BACHELOR GULCH
BERRY CREEK
EAGLE VAIL
EDWARDS/CORD VAL.
CORDILLERA/SUMMIT
RED SKY RANCH
WOLCOTT
GINN PROPERTY
MINTURN
RED CLIFF
TOTALS
SFE'S
(a, 12/31/06
977
3,194
268
2,706
979
1,080
2,352
2,622
968
16
0
0
703
125
15,990
ADDED
SFE'S DURING
(i 12/31/25 2007
1,007 10
4,251 64
2,428 0
2,757 30
1,051 31
1,113 13
2,388 5
3,453 81
1,406 33
168 8
1,350 0
2,300 0
893 10
139 2
24,704 287
INCREASE 2007 -
2025
SFE'S
30
1,057
2,160
51
72
33
36
831
438
152
1,350
2,300
190
14
8,714
PERCENT
3.07%
33.09%
805.97%
1.88%
7.35%
3.06%
1.53%
31.69%
45.25%
950.00%
N/A
N/A
27.03%
11.20%
54.50%
(*) Approximately 514 additional SFE'S could be constructed at the Villages @ Avon.
Schedule 1 indicates that an additional 287 SFE'S could be added during 2007; 401
SFE'S units could be added during 2008 (approximately 55% of those living units
assumed be generated from The Confluence Riverfront related development); and an
average of 466 SFE'S are assumed to be added annually during 2009 - 2025. It is
important that these SFE estimates are carefully monitored so that adjustments can be
made as future events regarding construction activity becomes clearer.
A brief summary of the various projects expected to be constructed during the next 20 -
years within the boundaries of ERFPD is described in the following paragraphs.
ARROWHEAD
Arrowhead is approaching full-buildout. We have assumed an average of 10.0 SFE's
added during the next two years (2008 - 2009). This assumes that 5 — 6 large homes per
year for the next two years will be constructed at various subdivisions at Arrowhead.
TOWN OF AVON (EXCLUDING VILLAGES (a1 AVON)
The Town of Avon (excluding the Villages of Avon) is expected to add approximately
1,057 additional SFE's during the next nineteen years as described in the following
paragraph.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 3 of 6
Approximately 10 SFE's per year during 2008 are expected to be generated from the
Wildridge subdivision with an additional 5 SFE's per year from 2009 - 2013 and 2 SFE's
per year beginning in 2014. Approximately 4 SFE's per year are expected to be
generated from the Mountain Star subdivision. The West Avon Mall area (including only
Avon Center and Lot 61 projects) is expected to generate 176 SFE's in years 2010 —
2013. The Gates at Beaver Creek development is expected to generate 50 SFE's in 2007.
The Madison Partner's PUD is located east of The Gates development and is estimated at
112 SFE's during 2010. The Sheraton Mountain Vista expansion is expected to generate
61 SFE's during 2010 and 46 SFE's in 2012. The Westin Riverfront development
(Confluence) is expected to generate approximately 373 SFE's in years 2008 - 2010. The
Pizza Hut area (including the Buck Creek PUD) is expected to generate approximately 84
SFE's by the end of 2012. There is also a possibility that the entire East Avon
Commercial Area (City Market Area) could generate significant additional SFE's as a
result of potential urban renewal activity which is currently being studied by the Town of
Avon and its consultants — we are assuming no SFE's from this development at this time.
THE VILLAGES AT AVON
The Town of Avon has provided the following information reflecting the Town's most
current thinking regarding the scope and timing of real estate development at the Villages
at Avon. However, this information is obviously subject to a high degree of speculation
and uncertainty and modification and change as of this date and should be viewed in that
context. Based upon current zoning, approximately 2,160 additional SFE'S could be
added during the next 20-25 years. It is important to understand that we are not projecting
any additional SFE's generated from this area until 2010 when we estimate an additional
70 SFE's generated from residential and commercial construction activity.
Following is a discussion of the information that the Town of Avon has provided
regarding the future development plans at the Villages at Avon.
Single Family Homes
A total of 54 moderate -sized homes are expected to be constructed south of I-70 from
2011 through 2022. A total of 37 estate -sized homes (containing approximately 1.75
SFE's each) are expected to be constructed north of 1-70 from 2013 through 2022.
Condominiums, Multi -Family Projects
Approximately 144 RMF -1 condominiums are expected to be constructed during 2010
through 2013. Approximately 96 RMF — 3 condominiums are expected to be constructed
during 2010 through 2013. Approximately 33 condominiums per year beginning in 2012
are expected to be constructed Area A, D, E, and F combined. An additional 650,000
square feet of retail space is expected to be completed by the end of 2015, which is would
add a total of approximately 55.0 SFE's on a conservative basis.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 4 of 6
Affordable Housing Projects
A total of 500 affordable housing units are expected to be constructed in three phases.
The first phase is complete. The second phase will consist of 155 units expected to be
completed during 2012, and the final phase will consist of 113 units expected to be
completed during 2013.
Hotel Projects
A total of 560 hotel rooms (i.e., approximately 197 SFE's assuming each hotel room is
assessed 0.35 SFE's) are expected to be constructed in three phases. The first phase is
expected to be completed by the end of 2012 and consist of 150 hotel rooms generating
53 SFE's. The second phase is expected to be completed by the end of 2014 and consist
of a 245 room hotel containing approximately 86 SFE's. The final phase is expected to
be completed during 2017 and consist of a 165 room hotel containing approximately 58
SFE's.
BEAVER CREEK
Beaver Creek is approaching full-buildout. We are assuming an additional 7.0 SFE's per
year during 2008 — 2010.
BACHELOR GULCH
Bachelor Gulch is also approaching full-buildout. A total of approximately 31 SFE's
will be added during 2008 from the Beaver Creek Landing project. 5 SFE's are
estimated during 2009 and 2010. Additional SFE's could also be generated from the
potential conversion of a portion of the Ritz -Carlton Hotel rooms to large fractional, or
whole ownership units.
BERRY CREEK (SINGLE TREE)
Single Tree is approaching full-buildout with an additional 20 SFE's expected to be
added during the next two years as a result of new construction and remodeling projects.
EAGLE VAIL
Eagle Vail is 100% completed and built -out, although various renovation projects appear
to be resulting in additional SFE's.
EDWARDS (INCLUDING CORDILLERA VALLEY CLUB)
Following is a summary of likely development in Edwards.
Homestead, Heritage Park, South Forty, Fred Green, Riverwalk — Riverwalk and
Heritage Park are assumed to be complete in 2007. We estimate an additional 96 SFE's
during 2008 — 2010 to be generated from various vacant lots in Homestead, South Forty,
and the proposed Fred Green site. We estimate an additional 20 SFE's per year from
these areas during 2010 — 2014, and 10 SFE's per year beginning in 2015.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 5 of 6
West End (Gashouse Corner)
The West End development is expected to include 185 multi family and affordable
housing units plus commercial space. We estimate 200 SFE's from this development
during 2009 — 2014.
Rick Mueller Development
There is currently a PUD submittal for a 40 — 60 multi- family development residential
project south of Edwards Corner (north of the church). We have assumed 50 SFE's
during 2008 — 2009.
Fox Hollow (West of Mobile Home Park, South Side of Highway 6)
The Fox Hollow PUD includes 21,000 square feet of light industrial/commercial space
and 26 residential units (duplex and condominium). A portion of the commercial space is
under construction (veterinary space). We estimate a total of 10 SFEs from the
commercial development and 26 SFES from the residential development (total of 36
SFE's during 2007 — 2010). This site also includes the Edwards Design and Craft Center
PUD which includes 49,700 square feet of light industrial/commercial space and 5
employee housing units. We estimate 25 SFE's from this site during 2010 — 2015.
Equestrian Center Site
2 schools (1 high school and 1 elementary school) are planned for this site. The schools
are expected to be complete by 2010. Based on current SFE's for Battle Mountain High
School (40.9 plus 10.3 for the addition) and Edwards Elementary School (10.3) we
estimate 40 SFE's for the high school and 10 SFE's for the elementary school in 2010.
Cordillera Valley Club is assumed to add an average of approximately 6 SFE's (3-4
homes).
CORDILLERA AND THE SUMMIT
The Summit area of Cordillera is assumed to add approximately 8 — 9 SFE's annually
beginning in 2007 (although the number of new SFE's may decline to 4 -5 after the next
5 years — we will continue to monitor this). The Divide and Ranch subdivisions of
Cordillera. are assumed to add approximately 8 — 9 SFE's annually beginning in 2007.
RED SKY RANCH — At full buildout Red Sky Ranch will contain 117 single family
residences. As of December, 2006 there are approximately 16 completed homes in Red
Sky Ranch. We estimate 5 additional homes per year beginning in 2007.
WOLCOTT — Future development in the Wolcott area is projected to begin within the
next ten years. At full buildout, we estimate a total of residential living units in the
Wolcott area. We assume 39 living units in 2010 with full-buildout occurring by 2025.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 6 of 6
GINN DEVELOPMENT — For purposes of this report, we are assuming the Ginn
Development outside of Minturn will contain 600 single family homes and 1,100
townhome/condominium units. It is assumed that residential units will begin
construction during 2011 and approach full-buildout by 2025.
MINTURN - On a conservative basis, it is expected that unidentified real estate
development within the Town of Minturn will add an average of 10 residential units
annually after 2006.
RED CLIFF — According to official from the Town of Red Cliff, the town currently
serves 125 SFE's for water and sewer. The Town is largely built out with only a few
vacant lots remaining. The area is seeing a trend of scraping older homes to rebuild
larger, newer homes. This trend may result in a couple new SFE's annually.
LIMITATIONS
Stan Bernstein and Associates, Inc. has assembled the above information, and the
information presented on Schedule 1, based on information provided by others. Stan
Bernstein and Associates, Inc. has not independently evaluated or tested this information.
Consequently, Stan Bernstein and Associates, Inc. does not vouch for the achievability or
accuracy of this information, and disclaims any opinion with respect to this information.
Very truly yours,
Stan Bernstein
Stan Bernstein and Associates, Inc.
Town of Avon, Colorado
Ordinance No 08-06
Series of 2008
AN ORDINANCE OF THE TOWN OF AVON,
COLORADO, AMENDING TITLE 3 OF THE AVON
MUNICIPAL CODE, BY ADOPTING FIRE
PROTECTION AND EMERGENCY MEDICAL
SERVICES IMPACT FEES FOR LAND
DEVELOPMENT ACTIVITIES GENERATING THE
NEED FOR ADDITIONAL FIRE PROTECTION OR
EMERGENCY MEDICAL SERVICES.
WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality
duly organized and existing under Article XX of the Colorado Constitution and the Town
of Avon Home Rule Charter of 1978 ("Charter"); and
WHEREAS, the Town, by virtue of its Home Rule status, may adopt such
ordinances relative to local municipal matters as are necessary to effectuate the purposes
and intent of the powers granted to municipalities; and
WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the
power to erect engine houses and provide fire engines and the necessary fire apparatus for
the extinguishing of fires and to provide for the use and management of the same by
volunteer fire companies or otherwise; and
WHEREAS, the Eagle River Fire Protection District ("Eagle River Fire" or
"District") is a Colorado special district existing and operating under Title 32, Article 1,
C.R.S., which includes the Town within its jurisdictional boundaries for the provision of
fire protection and emergency medical services; and
WHEREAS, the Town Council has determined that the District's capital
infrastructure is designed to be mutually reinforcing for safety in that fire stations and
firefighting equipment provide back-up coverage throughout the District's service area
regardless of the physical location of a call for service within that area; and
WHEREAS, the Town is experiencing high rates of population growth, increased
population density and increased demand for fire protection and emergency medical
services as a result of land development within the Town; and
WHEREAS, to the extent that new development places demands upon the capital
facilities and infrastructure for fire protection and emergency medical services, those
demands should be satisfied by the shifting the responsibility for financing such capital
facilities and infrastructure from the public to the development creating the demands; and
{00086404.DOC / 2)
WHEREAS, the demand for fire protection and emergency medical services and
facilities is immediate upon development of residential and commercial units even
though the District's funding from tax revenues often accrues after the demand for such
services exists; and
WHEREAS, the Town Council finds and determines that one of the primary roles
of building, subdivision and development review is to ensure availability of essential fire
protection and emergency medical services and facilities, and that in order to promote
and protect the convenience, order, prosperity and welfare of present and future
inhabitants of the Town, a rational system is necessary to identify growth -related costs
incurred by Eagle River Fire in providing new and expanded fire protection and
emergency medical services made necessary by expanded population and economic
activity levels generated by new development, and a fee structure therefor directly related
to such costs and method for collection of such fees, should be adopted; and
WHEREAS, the Town Council believes that fire protection and emergency
medical services impact fees should reflect actual growth related capital costs; and
WHEREAS, new development should not be charged for upgrading existing fire
protection services and existing emergency medical services to serve primarily existing
development, and funds collected from new development for fire protection services and
emergency medical services should be primarily used to benefit such new development;
and
WHEREAS, the adoption of a requirement that developers of new residential,
commercial and industrial subdivisions as well as new commercial, industrial and multi-
family developments pay fire protection impact fees and emergency medical service
impact fees as established herein will ensure that development bears a roughly
proportional share of the cost of providing new and enhanced fire protection services and
emergency medical services necessary to accommodate such new development; and
WHEREAS, pursuant to Section 31-23-207, C.R.S., the purpose of a master plan,
and any regulations adopted thereunder, is to guide and accomplish a coordinated,
adjusted, and harmonious development of the municipality and its environs which will, in
accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity and general welfare, as well as efficiency and economy in the
process of development, including among other things the promotion of helpful and
convenient distribution of population, wise and efficient expenditure of public funds, and
the adequate provision of public facilities; and
WHEREAS, pursuant to Section 31-23-303, C.R.S., a municipality may enact
regulations made in accordance with a comprehensive plan designed to promote the
health and general welfare, to avoid undue concentration of population, and facilitate the
adequate provision of transportation, schools, and other public facilities; and
{00086404.DOC / 2}
WHEREAS, the Local Government Land Use Control Enabling Act (the "Act"),
Sections 29-20-101, et seq., C.R.S., Article 23 of Title 31, and other applicable law grant
broad authority to the Town to plan for and regulate the development of land on the basis
of the impacts thereof on the community and surrounding areas; and
WHEREAS, Section 29-20-104.5 authorizes counties and municipalities to impose
an impact fee as a condition of issuance of a development permit to offset the costs of
providing any capital facility directly related to any service the county or municipality is
authorized to provide, that has a useful life of at least five years, and is required by
charter or general policy of the county or municipality; and
WHEREAS, Sections 29-1-801, et seq., C.R.S., concerning land development
charges, recognize that local governments may collect charges imposed on land
development as a condition of the approval of development, if such charges relate to an
expenditure for an improvement, facility, or piece of equipment necessitated by land
development that is directly related to a local governmental service; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974
authorizes and encourages local governments to cooperate or contract with other units of
government for the purpose of regulating the development of land and the impacts
thereof; and
WHEREAS, the Town Council finds and determines that as part of the process for
preliminary or final approval of an application for rezoning, planned unit development,
conditional or special use permit, subdivision, development or site plan, or similar
application for new construction, it is necessary and proper to examine whether adequate
fire protection facilities and equipment and adequate emergency medical services
facilities and equipment will be available to residents of the Town, if such application is
approved; and
WHEREAS, Eagle River Fire has ordered BBC Research & Consulting and Stan
Bernstein and Associates, Inc. to conduct and BBC has completed a Impact Fee Study
("BBC/Bernstein Impact Fee Study") analyzing the extent of the impact of development
on fire protection services and emergency medical services throughout the Eagle River
Fire Protection District, including the Town of Avon, and the fees necessary to mitigate
the impact thereof; and
WHEREAS, prior to final adoption, a public hearing was held before the Town
Council of the Town of Avon to consider the adoption of the provisions set forth herein,
following public notice as required by law; and
WHEREAS, based upon the testimony at the public hearing, in the reasonable
judgment of the Town Council, it finds that (1) new development upon which the impact
fees for fire protection and emergency medical services are imposed creates a need for
{00086404.DOC / 2}
the capital facilities being funded by such fees; (2) new development will benefit from
the construction of the facilities and improvements to be funded by these impact fees; and
(3) the costs of the facilities and improvements funded by these impact fees are directly
related to that required by new development; and
WHEREAS, the Town Council has determined that the imposition and application
of an impact fee for fire protection and emergency medical services will not directly or
indirectly have the effect of materially and adversely altering, impairing, preventing or
diminishing, imposing a moratorium on development, or delay or otherwise adversely
affect any of the rights of any property owner within the Town.
WHEREAS, The Town Council finds that taking legislative action regarding fire
protection and emergency medical services impact fees as set forth in this Ordinance is
necessary to protect the health, safety and welfare of the present and future inhabitants of
the Town and is consistent with the Town's goals, policies and plans, including the
Town's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, as follows:
Section 1. Adoption and addition of Chapter 3.40 to the Municipal Code of
the Town of Avon, Colorado. Title 3 of the Avon Municipal Code is amended by the
addition thereto of a new Chapter 3.40, which is to read in full as follows:
Chapter 3.40
Impact Fees
3.40.010.
3.40.020.
3.40.030.
3.40.040.
3.40.050.
3.40.060.
3.40.070.
3.40.080.
3.40.090.
3.40.100.
3.40.110.
3.40.010. Purpose
Purpose
Use of Fees
Payment of Fees
Timing of Payment
Alternative Fee Calculation
Credit for Improvements
Refund of Paid Fees
Lien for Unpaid Fees
Waiver
Impact Fee Schedule
Annual Adjustment
A. The Town requires that areas chosen for development or re -development
shall be capable of being provided within a reasonable period of time with an
adequate level of fire protection and emergency medical services, including fire
protection facilities and emergency medical services facilities.
{00086404.DOC / 2)
B. This Section is intended to:
(1) Provide a rational system for identifying and mitigating costs
associated with growth and development and the expansion of fire
protection and emergency medical services and facilities made necessary by
land development activities, a growing population and economic activity
levels.
(2) Regulate the use and development of land to ensure that new
development pays no more nor less than its fair share of the cost of capital
expenditures necessary to provide adequate fire protection and emergency
medical services to developments within the Town.
(3) Assure that the system of impact fees implemented in this Chapter is
linked to a capital facilities program designed to provide the facilities and
equipment for which the impact fees are imposed.
(4) Ensure that the impact fees established by this Chapter are not used
to offset existing deficiencies in capital facilities necessary to serve pre-
existing development.
(5) Ensure that new development that adequately mitigates or reduces
the impact it creates on fire protection and emergency medical services
through site -specific dedications or improvements receives offsetting credit
against its impact fee obligation.
3.40.020. Use of Fees.
A. All impact fees collected pursuant to this Chapter shall, after retention of a
reasonable administrative fee not to exceed six percent (6%) by the Town, within
sixty (60) days following payment to the Town, be transferred to the Eagle River
Fire Protection District (the "District").
B. After payment to the District, all fees collected pursuant to this Chapter
shall be accounted for in the manner required by 29-1-801, et seq., C.R.S., and
other applicable law. Fees shall be deposited in an interest -bearing account which
clearly identifies the lot, development activity and development approval for
which the impact fee was collected and the associated category, account or fund of
capital facility, by either aggregate or individual land development. Each such
category, account, or fund shall be accounted for separately. Any interest or any
income earned on moneys deposited in said interest -bearing account shall be
credited to the account.
C. Revenues from impact fees shall be used exclusively for capital facilities,
as defined by Section 29-20-104.5, C.R.S., for fire protection and emergency
{00086404.DOC / 2 }
medical services. The costs of such capital facilities shall include any financing
costs associated with such improvements.
D. No fees shall be used for periodic or routine maintenance, personnel costs
or operational expenses.
E. In the event that bonds or similar financing instruments are used for the
advance provision of any capital facilities for which impact fees are required,
impact fee revenues may be used to pay debt service on such bonds or similar
financing instruments.
F. The Town may enter into an intergovernmental agreement with the District
to jointly fund expenditures and provide capital facilities needed to serve the
development for which the impact fees were imposed. To the extent such
intergovernmental agreement utilizes revenues from the impact fees imposed by
this Chapter, it shall include such terms requiring compliance with this Chapter
and Colorado law regarding impact fees, including Part 8, Article 1, Title 29 and
Sections 29-20-103 and 29-20-104.5, C.R.S., and auditing of accounts and
compliance as deemed appropriate by the Town Council.
G. In the event this Ordinance is repealed or any such intergovernmental
agreement is terminated, such capital facilities during their useful life shall
continue to be utilized to provide services to the development for which the impact
fees were imposed.
3.40.030. Payment of Fees.
A. As used in this Chapter, the term "development approval" shall constitute a
"development permit" as that term is defined and used in Sections 29-20-103 and
29-20-104.5, C.R.S.
B. A developer requesting a development approval shall be subject to payment
of the impact fees established by this Chapter as a condition of development
approval. The obligation to pay such impact fees shall run with the land. The
impact fee imposed shall be paid at the time of issuance of each Building Permit.
C. Where previous development activity has occurred prior to the imposition
of the impact fees established by this Chapter, or for which impact fees were
previously paid, impact fees for subsequent development activity on the same lot
shall be based on the net increase, if any, in the impact fee based on the demand
for capital facilities for fire protection and emergency medical services created by
the new development activity as compared to the previous development activity.
D. For applications for an amendment or change to a development approval
previously obtained, but for which the development activity was not completed,
{00086404.DOC / 2)
the amount of the impact fee for the subsequent development approval shall be
based on the net increase, if any, in the demand for capital facilities for fire
protection and emergency medical services created by the new development
approval as compared to the impact fee paid for the previous development
approval.
3.40.040. Timing of Payment.
A. Where development activities may result in multiple levels of development
approvals, such as annexation, zoning, subdivision and building permit approval,
impact fees shall be imposed upon the earliest development activity to occur for
which the amount of impact fees can be reasonably calculated. The impact fee
imposed shall be paid at the time of issuance of each Building Permit.
B. If for any reason, the amount of the impact fee cannot be calculated at the
time of the initial level of development approval, the Town may defer computation
and payment of all or a part of the impact fee until a subsequent level of
development approval, or the Town may require that an estimated fee be paid. If
an estimated fee is paid, any underpayment shall be recovered at the time of the
next development approval at which the impact fee can be reasonably calculated.
In the event an over -payment is made, such over -payment shall be refunded,
without interest, within thirty (30) days following the date the impact fee can be
completely computed.
3.40.050. Alternative Fee Calculation.
In lieu of payment of impact fee amounts set forth in this Chapter, the developer
may prepare and submit to the Town Manager a site -specific fiscal impact and fee
calculation study for the development approval that is requested. The site -specific fiscal
impact and fee calculation study shall follow the prescribed methodologies and formats
established by the impact fee study submitted by the District. The fiscal impact study
submitted shall show the basis upon which the site -specific fee calculation was made.
The site -specific fiscal impact and fee calculation study shall be prepared and presented
by professionals qualified in their respective fields. The Town Manager shall consider
the documentation submitted by the developer, but is not required to accept such
documentation reasonably deemed to be inaccurate or not reliable, and may, in the
alternative, require the developer to submit additional or different documentation for
consideration. If an acceptable site -specific fiscal impact and fee calculation study is not
presented, the developer shall pay the impact fee set forth in this Chapter. Determinations
made by the Town Manager pursuant to this paragraph may be appealed to the Town
Council by filing a written request with the Town Manager within ten (10) days of the
Town Manager's determination. Following the submittal of such request, the Town
Council shall hold a public hearing to determine the amount of the impact fee. The
{00086404.DOC / 2}
decision of the Town Council shall be a final quasi-judicial decision for purposes of
Rule 106(a)(4) and (b), C.R.C.P.
3.40.060. Impact Fee Credit for Improvements.
Upon approval by the Town Council, any developer obligated to pay an impact fee
shall receive a credit against the amounts due or to become due for any site -specific
dedication or improvement provided by the developer to meet the same need for capital
facilities for fire protection and emergency medical services for which the impact fee is
imposed. No developer shall be required to provide any site specific dedication or
improvement to meet the same need for capital facilities for which an impact fee is
imposed. Such credit may also be made as a refund or refunds to the developer from
impact fees imposed and paid to the Town equal to the fair market value of the site -
specific dedication or improvement provided by the developer.
3.40.070. Refund of Paid Fees.
A. If a Building Permit expires without commencement of construction or
development, the applicant shall be entitled to a refund, without interest, of the
impact fee paid as a condition for issuance, except when the fee has been
expended or encumbered by the District in advance of and in anticipation of
development. The applicant must submit an application for such refund to the
Town Manager within thirty (30) days of the expiration of the Building Permit.
Neither the Town or the District shall have any obligation to refund any fee that
has been expended or encumbered by the District in advance of and in anticipation
of the development.
B. Any impact fee not expended or encumbered by the District by the end of
the calendar quarter immediately following ten (10) years from the date the fee
was paid shall, upon application of the then current landowner to the Town
Manager, be returned to the landowner with interest earned on the fee, within one
hundred eighty (180) days of the expiration of such ten (10) year period.
Provided, however, that the Town Council, in its discretion, for good cause shown,
may extend such period of time for an n additional period as the Town Council
deems reasonable and necessary.
3.40.080. Lien for Unpaid Fees.
All impact fees shall constitute a prior, perpetual lien upon each lot or parcel
subject to the development approval for which impact fees are imposed from the due date
thereof, until paid. If such fee is not paid when due, in addition to any other means
provided by law, the Town Clerk shall certify such delinquent fee to the Treasurer of
Eagle County, and the fee shall be collected in the same manner as though it were part of
{00086404.DOC / 2}
the taxes. The Town may withhold or revoke any development approval, including
certificates of occupancy, for which payment of impact fees is delinquent.
3.40.090. Waiver.
The Town Council may, by resolution, grant a waiver of the applicable impact
fees for fire protection and emergency medical services on a development or portion of a
development for the purpose of constructing or providing low or moderately priced
housing units for sale or lease to low or moderate income persons; provided that the
parties to the development shall agree to appropriately restrict the future use of the
applicable units by recorded agreement, deed restriction, covenants, declarations, or
similar instruments as may be required by the Town Manager.
3.40.100. Impact Fee Schedule.
The following impact fees for fire protection and emergency medical services are
established and imposed. The impact fee amounts and rates are deemed to fairly,
equitably and proportionately mitigate the impacts on capital facilities for fire protection
and emergency medical services created by development within the Town. Any impact
fee for fire protection and emergency medical services hereby imposed shall be imposed
and applied on a uniform and non-discriminatory basis throughout the Town to any lot,
tract or parcel or expansion for which no building permit has yet been issued.
For Residential, Commercial (including lodging) or Industrial Development,
impact fees imposed for fire protection and emergency medical services shall be based on
size of the water meter required for development:
3/4 inch
1 inch
1.5 inch
2 inch
3 inch
4 inch
6 inch
3.40.110. Annual Adjustment.
Impact Fee: $ 1,671
Impact Fee: $ 2,841
Impact Fee: $ 5,515
Impact Fee: $ 8,857
Impact Fee: $18,382
Impact Fee: $28,409
Impact Fee: $55,147
The impact fees imposed hereby shall be reviewed and may be administratively
adjusted without further Town Council action annually for inflation, beginning January
15, 2009 and annually on each anniversary date thereafter. Any such adjustment shall be
based upon the percentage change in the United States Bureau of Labor Statistics
Consumer Price Index for Denver -Boulder, all items, all urban consumers, or its
successor index, or an equivalent index applicable to Eagle County.
{00086404.DOC / 2}
Section 2. BBC/Bernstein Impact Fee Study Approval. The Town Council
hereby approves and adopts the BBC/Bernstein Impact Fee Study, a copy of which is
attached hereto as Exhibit A, as the basis for the impact fees for fire protection and
emergency medical services established by this Ordinance.
Section 3. Public Inspection. The full text of this Ordinance and the Avon
Municipal Code being amended hereby, are available for public inspection at the office of
the Town Clerk.
Section 4. Severability. If any portion of this Ordinance is found to be void or
ineffective, it shall be deemed severed from this Ordinance and the remaining provisions
shall remain valid and in full force and effect.
Section 5. Effective date. This Ordinance shall become effective and be in
force immediately upon final passage at second reading.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY
MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE
TOWN OF AVON, ON THE 22ND DAY OF APRIL, 2008.
TOWN OF AVON, COLORADO
By:
Ronald C. Wolfe, Mayor
Attest:
By:
Patty McKenny, Town Clerk
(00086404.DOC / 2)
FINALLY ADOPTED, PASSED, APPROVED, AND ORDERED PUBLISHED
BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A
MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING
HELD AT THE TOWN OF AVON, ON THE 8TH DAY OF July, 2008.
TOWN OF AVON, COLORADO
By:
Ronald C. Wolfe, Mayor
Attest:
By:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
{00086404.DOC / 2}
Exhibit A
Eagle River Fire Protection District
Impact Fee Study - Phase II, Final Report
July 24, 2007
BBC Research & Consulting
Stan Bernstein and Associates, Inc.
September 10, 2007
("BBC/Bernstein Impact Fee Study")
{00086404.DOC / 2}
Memo
To: Honorable Mayor and Town Council
Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: June 5, 2008
Re: ERFPD Materials
Summary:
Attached are materials submitted by Charlie Moore, ERFPD, for your review.
June 3, 2008
Honorable Mayor Wolfe and Town Council
Mr. Larry Brooks, Town Manager
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
Re: Eagle River Fire District Impact Fees
Dear Mayor Wolfe, Council Members and Mr. Brooks:
As you consider the Impact Fee Ordinance on Second Reading, I want to provide
you with a summary of our planning efforts and the Impact Fee Study for your easy
reference. Town staff will provide the Ordinance document separately.
I would like to re -state that the purpose of impact fees is to enable the Fire District
to maintain the same level of service as future growth occurs in Avon and the rest of our
service area; impact fees may not be used to improve the level of service. It is our belief
that growth ought to pay its share of the additional infrastructure necessary to serve it.
As population increases, so will the demand for service. If we do nothing to plan for
increased population and service demand, we can expect that response times will elongate
from insufficient redundancy when simultaneous or major emergencies occur. We want to
maintain our current ability to respond to 81% of calls within 8 minutes.
Since the Fire District began operations in 2001 we have improved the service level
to the extent that our financial resources allow. Thirty-five (35) full time employees have
been added and the aging rolling stock has been replaced. On June 9, we will take delivery
of a new ladder truck that replaces a 27 year old truck at a cost of just under S1 million.
00103980 DOC I)
POST OFFICE Box 7980 • 0351 BENCHMARK ROAD • AVON, COLORADO 81620-7980
PHONE: 970-748-9665 • FAN: 970-748-4749 • EMAIL: INFOgERFPD.ORG
Town of Avon Council
June 4, 2008
However, future growth in the Avon core and Traer Creek and growth in Minturn,
Red Cliff and now Wolcott will require more capacity. Our capital plan identifies $26
million dollars in infrastructure needs (2007 dollars) of which $12 million is growth related
and proposed to be financed from impact fee revenues.
The District has prepared a long range pro -forma that identifies our operational and
capital costs. The Eagle River Fire District Board of Directors has concluded that ourmill
levy of 5.55 will be insufficient to finance both operations and capital; that conclusion has
led us to seek the adoption of impact fees throughout the District as a means to fund the
infrastructure to serve that new growth.
As you are aware, the Board of County Commissioners has approved impact fees on
our behalf, and on behalf of Greater Eagle and Gypsum Fire Districts. The Towns of Eagle
and Gypsum have also approved impact fees for their local districts. We believe the Towns
of llinturn and Redcliff are also ready to adopt impact fees for our District. So, if impact
fees are adopted in Avon, it is likely that impactfees for fire protection services will be
implemented County wide, with the exception of the Town of Vail.
The Board of Directors has spent well over three years analyzing, studying and
planning for future growth and this proposal is comprehensive as both a qualitative and
quantitative analysis, meeting the standards required by law and financial soundness.
On behalf of the Board of Directors, I look forward to your adoption of this
Ordinance. Our consultants will be available at your regular meeting on June 10 to answer
any questions that may remain.
L/
Charles A. Moore
General Manager/Fire Chief
cc: Eagle River Fire District Directors
Tom Pippin, BBC Research
Stan Bernstein, Bernstein and Associates
enc: Impact Fee Study
ERFPD Financial Model
00 l 03980. DOC
B
RESEARCH &
CONSULTING
3773 Cherry Creek North Drive
Suite 850
Denver, Colorado 80209-3827
303.321.2547 fax 303.399.0448
www.bbcresearch.com
bbc@bbcresearch.com
July 24, 2007
Mr. Charles Moore
Fire Chief/General Manager
Eagle River Fire Protection District
351 Benchmark Road
Post Office Box 7980
Avon, Colorado 81620-7980
Re: Eagle River Fire Protection District Impact Fee Study — Phase II, Final Report
Dear Mr. Moore:
The Eagle River Fire Protection District hired BBC Research & Consulting (BBC) and Stan
Bernstein and Associates, Inc. (SBA) in November, 2006 to calculate impact fees for the Eagle River
Fire Protection District (District). We will do so by answering the following four questions:
1. What is the current level of service provided by the Eagle River Fire Protection
District? Since the primary purpose of impact fees is to help the Eagle River Fire
Protection District maintain its current level of service in the future, it is necessary to
know the level of service the Eagle River Fire Protection District is currently providing
to the community.
2. What future growth is expected within the District? How many new residential
households and nonresidential buildings will be served by the Eagle River Fire
Protection District over the next ten years?
3. What new infrastructure is required to serve future growth while maintaining the
current level of service? For example, how many new stations and fire trucks will be
needed over ten years to maintain the current level of service?
Final Report - Page 2
4. What impact fee is required to pay for the new infrastructure? Here we calculate an -
apportionment of new infrastructure costs to future residential and nonresidential land -
uses. Then, using this distribution, the applicable impact fees are determined.
Addressing these four questions, in order, provides the most effective and logical way to
calculate impact fees for the Eagle River Fire Protection District.
1) What is the current level of service provided by the Eagle River Fire Protection
District?
The District aims to fulfill two goals in regards to the level of service provided to the community:
1. The presence of one fire station within five road miles of any major development within
the District's protection area; and,
2. For most routine requests for emergency assistance, the District will respond with a
single resource with four firefighters as opposed to two resources with 4 firefighters.
These service level goals are designed to promote efficiency, safety and better preparation for
simultaneous calls throughout the District.
However, the District's current infrastructure and equipment are sometimes insufficient to fulfill the
second goal due to recent and anticipated growth. In order to maintain this level of service to both
current and future residents, additional infrastructure and personnel will be needed by the District.
Impact fees will help mitigate the financial burden created by these future investments.
2) What future growth is expected in the District?
On March 6, 2007, SBA prepared an analysis of expected residential and non-residential growth that
is likely to occur within the boundaries of the Eagle River Regional Fire Protection District during
the next 20 years. This document is attached as Appendix A. Exhibit 1 summarizes the overall
growth projections of the District from December 31, 2006 to December 31, 2026.
Final Report - Page 3
Exhibit 1.
Future Growth - Eagle River Fire Protection District Service Population
Arrowhead
Town of Avon
Villages at Avon
Beaver Creek
Bachelor Gulch
Berry Creek
Eagle Vail
Edwards/Cord Val.
Cordillera/Summit
Red Sky Ranch
Wolcott Area
Ginn Property
Minturn
Red Cliff
Total
977 1,007 30
3,189 4,229 1,040
268 1,642 1,374
2,701 2,754 53
970 1,042 72
1,069 1,099 30
2,346 2,380 34
2,637 3,072 435
963 1,204 241
16 168 152
1,350 1,350
2,180 2,180
703 893 190
125 139 14
15,964 23,159 7,195
Source: Stan Bernstein and Associates, Inc.
As shown above, the District's service population will experience growth of an estimated 7,195 single
family equivalents (SFEs) in the next twenty years, a 45.4 percent increase. The largest growth will
occur at the proposed Ginn Planned Unit Development, with an increase of 2,180 SFEs. The
proposed Villages at Avon could add 1,374 SFEs; and the Wolcott Area, while difficult to precisely
define at this time, could add up to 1,350 SFEs.
3) What new infrastructure is required to maintain the current level of service for
future growth?
Exhibit 2 below includes all new infrastructure (including purchases, repair and upgrades) as detailed
in the Eagle River Fire Protection District 20 -year CIP. This list of capital is consistent with the
recommendations of the independent siting consultant retained by ERFPD provided to us via e-mail
by Charlie Moore on Friday, May 4, 2007.
Final Report - Page 4
Exhibit 2.
Future Infrastructure Needs -2007 to 2026
Buildings
Avon Fire Station(1)
Mintum Fire Station(1)
Wolcott Fire Station
Gilman Fire Station(1)
Edwards Fire Station
Eagle -Vail or Traer Creek Fire Station
Red Cliff Fire Station
Employee Housing Units
Public Safety Training Facility(2)
Subtotal Buildings
Vehicles and Equpment
Fire Rescue Vehicle for Avon Fire Station(3)
Pumper Truck for Eagle -Vail Fire Station
Pumper Truck for Gilman Fire Station
Ladder Truck for Minturn Fire Station
Brush Truck for Edwards Fire Station
Brush Truck for Gilman Fire Station
Water Tanker for Gilman Fire Station
Incremental Staff Vehicles
Vehicle #1
Vehicle #2
Video Conferencing Technology
SCBA Recharge Compressor
Subtotal Vehicles and Equipment
Impact Fee Study(4)
2010 $5,500,000 45%
2014 $500,000 10%
2009 $750,000 100%
2011 $2,500,000 100%
2010 $2,500,000 45%
2014 $2,500,000 45%
2009 $950,000 0%
TBD $1,250,000 45%
NA $7,000,000 4.5%
$23,450,000 38%
$2,478,859
$50,000
$750,000
$2,500,000
$1,126,754
$1,126,754
$0
$563,377
$315,000
$8,910,744
2010 $400,000 100% $400,000
TBD $450,000 100% $450,000
2010 $450,000 100% $450,000
2014 $980,000 100% $980,000
2010 $125,000 100% $125,000
2010 $150,000 100% $150,000
2014 $425,000 100% $425,000
TBD $50,000 100% $50,000
TBD $50,000 100% $50,000
TBD $60,000 0% $0
TBD $15,000 100% $15,000
$ 3,155,000 98% $3,095,000
$18,000 100% $18,000
Grand Total: $12,023,744
Note: These new assets will allow the District to meet the level of service goals. (1) Includes land, design, building and FFE.
(2) Eagle River Fire is one of ten agencies planned to use this facility, therefore only ten percent of its growth attributable purchase value is included
in our calculations.
(3) Value represents "fully -loaded" price of the vehicle, including tools, communications and other equipment.
(4) Our Impact Fee Study is fully impact -fee eligible.
Source: Eagle River Fire Protection District 20 -year CIP.
The District plans on constructing new buildings and purchasing new vehicles and equipment in the
next twenty years. However, not all of these new infrastructure purchases are associated with growth.
Some capital costs are for repair and replacement of facilities e.g., standard periodic investment in
existing facilities such as replacing an older fire engine and re -roofing a fire station. These costs are
not impact fee eligible. Some capital costs are for betterment of facilities, or implementation of new
services (e.g., development of a fire training facility for the first time). These costs are generally not
entirely impact fee eligible. Some costs are for expansion of facilities to accommodate new
development at the current level of service (e.g., purchase of new fire truck to accommodate
expanding population). These costs are impact fee eligible.
Final Report - Page 5
Because there are different reasons why the District invests in capital projects, BBC conducted a
"GRUM" Analysis on all projects listed in the CIP:
• Growth. The "G" in GRUM stands for growth. To determine if a project is solely
related to growth, we ask "Is this project designed to maintain the current level of service
as growth occurs? " and "Would the Fire Department still need this capital project if it
weren't growing at all?" "G" projects are only necessary to maintain the Department's
current level of service as growth occurs. It is thus appropriate to include 100 percent of
their cost in the impact fee calculations.
• Repair & Replacement. The "R" in GRUM stands for repair & replacement. We ask,
"Is this project related only to fixing existing infrastructure?" and "Would the Fire
Department still need it if it weren't growing at all?" "R" projects have nothing to do
with growth. It is thus not appropriate to include any of their cost in the impact fee
calculations.
• Upgrade. The "U" in GRUM stands for upgrade. We ask, "Would this project
improve the Fire Department's current level of service?" and "Would the Department
still do it even if it weren't growing at all?" "U" projects have nothing to do with growth.
It is thus not appropriate to include any of their cost in the impact fee calculations.
• Mixed. The "M" in GRUM stands for mixed. It is reserved for capital projects that
have some combination of G, R and U. "M" projects by their very definition are
partially necessitated by growth, but also include an element of repair, replacement
and/or upgrade. In this instance, a cost amount between 0 and 100 percent should be
included in the fee calculations. Although the need for these projects is triggered by new
development, they will also benefit existing residents.
Projects that are 100 percent growth -related were determined by our study to be necessitated solely
by growth. Alternatively, some projects were determined to be "mixed" in that they had elements of
growth, repair and replacement and/or upgrade. The Edwards Fire Station and Employee Housing
Units (found in Exhibit 2) are examples of such projects. In these situations, only a portion of the
total cost of each project was included in the final impact fee calculation.' The remainder of the cost
of each "mixed" project should be paid by the District.
After accounting for "mixed -use" purchases, the approximate total value of fee -eligible capital
construction and purchases is $12.0 million.
4) What impact fee is required to pay for future infrastructure?
Here we calculate how much of the new fee -eligible infrastructure will be paid by developers. Using
the distribution of future land -use from Exhibit 1, we can assign future infrastructure costs from
' As a proxy for the "M" percent, we used a ratio of total incremental square footage from 2007-2026 to total current square
footage. This ratio equaled about 45 percent.
Final Report - Page 6
Exhibit 2 to the appropriate development category and calculate the applicable fees. Our results are
shown in Exhibit 3.
Exhibit 3.
Calculation of Impact
Fees
Note:
(1) See Exhibit 2.
(2) See Exhibit 1.
Source:
Eagle River Fire Protection District 20 -year
CIP, Stan Bernstein and Associates, Inc. and
BBC Research & Consulting.
Allocated Value for Future Fire Infrastructure (1)
Net Growth in SFEs 2007-2026(2)
Impact Fee per New SFE
$12,023,744
7,195
$1,671
As indicated above, we have calculated an impact fee of $1,671 per new SFE. A fee not to exceed this
amount is recommended for the District. Single family homes would be charged this fee unless they
were large enough to count as more than one SFE, as determined from the utility meter portion of
each unit's building permit. Similarly, multifamily and non-residential development projects would
be assessed impact fees according to the number of SFEs they represent.
A residential meter (3/4 inch) is considered the standard meter and has a capacity ratio of 1. All larger
meters serve commercial purposes and have capacity ratios greater than 1. Exhibit 4 lists the capacity
ratios and meter size and type, according to the American Water Works Association.
Exhibit 4.
Capacity Ratios
Source:
American Water Works Association.
3/4 Inch Displacement
1 Inch Displacement
1-1/2Inch Displacement
2 Inch Displacement/Compound
3 Inch Compound
4 Inch Compound
6 Inch Compound
8 Inch Compound
8 Inch Displacement
10 Inch Compound
12 Inch Compound
Capacl
1.0 $ 1,671
1.7 $ 2,841
3.3 $ 5,515
5.3 . $ 8,857
11.0 $ 18,382
17.0 $ 28,409
33.0 $ 55,147
53.3 $ 89,071
60.2 $100,602
77.1 $128,900
144.2 $240,988
Using the ratios from Exhibit 4 and the utility meter portion of each new building permit, the
District can determine how many SFEs each new building represents and assess the appropriate fee.
For example, a new commercial building with a 3 inch meter warrants an impact fee of $18,382.
Implementation Recommendations
We offer the following recommendations for your consideration:
Final Report - Page 7
• The fees calculated in Exhibit 4 should be considered as the maximum defensible
amount, and can be lowered by the District's board if there are economic development
concerns.
• In order for the District to collect those fees, it will need to pursue intergovernmental
agreements (IGAs) with local governments that have building permit authority such as
Eagle County and the Towns of Avon, Minturn and Redcliff.
• The District should promptly create and maintain an "Impact Fee Fund" separate and
apart from the General Fund. All current and future impact fee revenue should be
immediately deposited into this account, and withdrawn only to pay for growth -related
infrastructure. The Department's General Fund should be reserved solely for the receipt
of tax revenues and associated interest earnings, and ongoing operational expenses
including the repair and replacement of existing infrastructure not related to growth.
• The fees calculated in this study should be updated periodically as the District invests in
additional fire protection infrastructure beyond what is listed in Exhibit 2, and/or the
District's population or inventory of commercial square footage change significantly.
• The fees should be updated annually based on the Engineering News Record index or
other infrastructure inflation indices.
• For projects listed in the Capital Improvements Plan that are not 100 percent growth -
related ("mixed" projects), the District should assume the responsibility of paying their
share from existing fund balances and/or ongoing revenue sources not tied directly to
growth.
• The timing of the initial implementation of the fees is important. For example, an
estimated 218 SFEs are conservatively estimated to be constructed within the District's
boundaries during 2007 — at an assumed fee rate of $1,671 per SFE, approximately
$364,278 of fee revenue would be lost if the fees were not implemented during 2007.
• It is important for the District to understand that approximately $12.0 million of fees
are estimated to be collected from during years 2007 through 2026. However, the
District's CIP (as set forth on Exhibit 2) indicates that growth related capital
improvements will be required to be constructed or purchased during years 2009
through 2014.
Consequently, these fee revenues will likely lag the need for growth related CIP projects.
The District should plan for this net fee revenue shortage, and may have to advance
General Fund or Bond Fund revenues to the Impact Fee Fund and seek reimbursement
in future years from fee revenues generated. It will be difficult for the District to market
revenue bonds which are supported by estimated fee revenue generated in future years.
Final Report - Page 8
• In the event that Developers pay for CIP related improvements, the District could
consider implementing a type of "Cost Recovery Policy" so that Developers are
reimbursed all, or a portion, of the fees generated by their respective real estate
developments.
• The District has hired a planning consultant to refine the District's CIP. While we feel
the current CIP accurately reflects future purchases for the District, any changes made
by the consultant can be easily applied to the impact fees through amendment.
Please feel free to contact us with any questions or concerns you might have about our conclusions.
Our toll -free telephone number is 800-748-3222, x236 for Tom Pippin and x252 for Scott Kitchens.
Sincerely,
Thomas A. Pippin
Managing Director
Stan Bernstein
Stan Bernstein
Bernstein and Associates, Inc.
Scott Kitchens
Research Associate
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Phone: 303-409-7611 Fax: 303-409-7612 Email: Stanplan @ Earthlink.net
September 10, 2007
Mr. Charlie Moore
Board of Directors
Eagle River Fire Protection District
RE: DRAFT #6 ERFPD — FUTURE SINGLE FAMILY EQUIVALENT UNIT
AND IMPACT FEE REVENUE FORECAST
Dear Charlie and Board of Directors:
Enclosed for your review is the most current draft of the results of our 2007 forecast of
future Single Family Equivalent Units (SFE's) within the boundaries of Eagle River Fire
Protection District ("ERFPD"). For the purposes of this forecast, one SFE contains 3,000
square feet, with the exception of hotel rooms which are assumed to be 0.35 SFE's or
0.50 SFE's depending upon kitchen facilities. The attached Schedule 1 summarizes the
future SFE'S for ERFPD for the years ending December 31, 2007 through 2025.
The last two rows on page 2 summarize the Impact Fee Revenues that could be generated
from the proposed impact fee rate of $1,671 per SFE. These Impact Fee Revenues total
Approximately $14.6 million from 2007 through 2025 (approximately $480,000 for
2007).
As of December 31, 2006 there were approximately 15,990 SFE's being served by
ERFPD. Schedule 1 indicates an additional 8,714 SFE's could be added during the next
19 -years which represents an increase of approximately 54.5% over the SFE base as of
December 31, 2006. The total estimated increase in SFE'S during the next 19 -years by
geographical area is summarized on the following page:
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 2 of 6
GEOGRAPHICAL
AREA
ARROWHEAD
TOWN OF AVON
VILLAGES @ AVON(*)
BEAVER CREEK
BACHELOR GULCH
BERRY CREEK
EAGLE VAIL
EDWARDS/CORD VAL.
CORDILLERA/SUMMIT
RED SKY RANCH
WOLCOTT
GINN PROPERTY
MINTURN
RED CLIFF
TOTALS
SFE'S
(a, 12/31/06
977
3,194
268
2,706
979
1,080
2,352
2,622
968
16
0
0
703
125
15,990
SFE'S
(a, 12/31/25
1,007
4,251
2,428
2,757
1,051
1,113
2,388
3,453
1,406
168
1,350
2,300
893
139
24.704
ADDED
DURING
2007
10
64
0
30
31
13
5
81
33
8
0
0
10
2
287
INCREASE 2007 -
2025
SFE'S
30
1,057
2,160
51
72
33
36
831
438
152
1,350
2,300
190
14
8,714
PERCENT
3.07%
33.09%
805.97%
1.88%
7.35%
3.06% -
1.53%
31.69%
45.25%
950.00%
N/A
N/A
27.03%
11.20%
54.50%
(*) Approximately 514 additional SFE'S could be constructed at the Villages @ Avon.
Schedule 1 indicates that an additional 287 SFE'S could be added during 2007; 401
SFE'S units could be added during 2008 (approximately 55% of those living units
assumed be generated from The Confluence Riverfront related development); and an
average of 466 SFE'S are assumed to be added annually during 2009 - 2025. It is
important that these SFE estimates are carefully monitored so that adjustments can be
made as future events regarding construction activity becomes clearer.
A brief summary of the various projects expected to be constructed during the next 20 -
years within the boundaries of ERFPD is described in the following paragraphs.
ARROWHEAD
Arrowhead is approaching full-buildout. We have assumed an average of 10.0 SFE's
added during the next two years (2008 - 2009). This assumes that 5 — 6 large homes per
year for the next two years will be constructed at various subdivisions at Arrowhead.
TOWN OF AVON (EXCLUDING VILLAGES A AVON)
The Town of Avon (excluding the Villages of Avon) is expected to add approximately
1,057 additional SFE's during the next nineteen years as described in the following
paragraph.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 3 of 6
Approximately 10 SFE's per year during 2008 are expected to be generated from the
Wildridge subdivision with an additional 5 SFE's per year from 2009 — 2013 and 2 SFE's
per year beginning in 2014. Approximately 4 SFE's per year are expected to be
generated from the Mountain Star subdivision. The West Avon Mall area (including only
Avon Center and Lot 61 projects) is expected to generate 176 SFE's in years 2010 —
2013. The Gates at Beaver Creek development is expected to generate 50 SFE's in 2007.
The Madison Partner's PUD is located east of The Gates development and is estimated at
112 SFE's during 2010. The Sheraton Mountain Vista expansion is expected to generate
61 SFE's during 2010 and 46 SFE's in 2012. The Westin Riverfront development
(Confluence) is expected to generate approximately 373 SFE's in years 2008 - 2010. The
Pizza Hut area (including the Buck Creek PUD) is expected to generate approximately 84
SFE's by the end of 2012. There is also a possibility that the entire East Avon
Commercial Area (City Market Area) could generate significant additional SFE's as a
result of potential urban renewal activity which is currently being studied by the Town of
Avon and its consultants — we are assuming no SFE's from this development at this time.
THE VILLAGES AT AVON
The Town of Avon has provided the following information reflecting the Town's most
current thinking regarding the scope and timing of real estate development at the Villages
at Avon. However, this information is obviously subject to a high degree of speculation
and uncertainty and modification and change as of this date and should be viewed in that
context. Based upon current zoning, approximately 2,160 additional SFE'S could be
added during the next 20-25 years. It is important to understand that we are not projecting
any additional SFE's generated from this area until 2010 when we estimate an additional
70 SFE's generated from residential and commercial construction activity.
Following is a discussion of the information that the Town of Avon has provided
regarding the future development plans at the Villages at Avon.
Single Family Homes
A total of 54 moderate -sized homes are expected to be constructed south of I-70 from
2011 through 2022. A total of 37 estate -sized homes (containing approximately 1.75
SFE's each) are expected to be constructed north of 1-70 from 2013 through 2022.
Condominiums, Multi -Family Projects
Approximately 144 RMF -1 condominiums are expected to be constructed during 2010
through 2013. Approximately 96 RMF — 3 condominiums are expected to be constructed
during 2010 through 2013. Approximately 33 condominiums per year beginning in 2012
are expected to be constructed Area A, D, E, and F combined. An additional 650,000
square feet of retail space is expected to be completed by the end of 2015, which is would
add a total of approximately 55.0 SFE's on a conservative basis.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 4 of 6
Affordable Housing Projects
A total of 500 affordable housing units are expected to be constructed in three phases.
The first phase is complete. The second phase will consist of 155 units expected to be
completed during 2012, and the final phase will consist of 113 units expected to be
completed during 2013.
Hotel Projects
A total of 560 hotel rooms (i.e., approximately 197 SFE's assuming each hotel room is
assessed 0.35 SFE's) are expected to be constructed in three phases. The first phase is
expected to be completed by the end of 2012 and consist of 150 hotel rooms generating
53 SFE's. The second phase is expected to be completed by the end of 2014 and consist
of a 245 room hotel containing approximately 86 SFE's. The final phase is expected to
be completed during 2017 and consist of a 165 room hotel containing approximately 58
SFE's.
BEAVER CREEK
Beaver Creek is approaching full-buildout. We are assuming an additional 7.0 SFE's per
year during 2008 — 2010.
BACHELOR GULCH
Bachelor Gulch is also approaching full-buildout. A total of approximately 31 SFE's
will be added during 2008 from the Beaver Creek Landing project. 5 SFE's are
estimated during 2009 and 2010. Additional SFE's could also be generated from the
potential conversion of a portion of the Ritz -Carlton Hotel rooms to large fractional, or
whole ownership units.
BERRY CREEK (SINGLE TREE)
Single Tree is approaching full-buildout with an additional 20 SFE's expected to be
added during the next two years as a result of new construction and remodeling projects.
EAGLE VAIL
Eagle Vail is 100% completed and built -out, although various renovation projects appear
to be resulting in additional SFE's.
EDWARDS (INCLUDING CORDILLERA VALLEY CLUB)
Following is a summary of likely development in Edwards.
Homestead, Heritage Park, South Forty, Fred Green, Riverwalk — Riverwalk and
Heritage Park are assumed to be complete in 2007. We estimate an additional 96 SFE's
during 2008 — 2010 to be generated from various vacant lots in Homestead, South Forty,
and the proposed Fred Green site. We estimate an additional 20 SFE's per year from
these areas during 2010 — 2014, and 10 SFE's per year beginning in 2015.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 5 of 6
West End (Gashouse Corner)
The West End development is expected to include 185 multi family and affordable
housing units plus commercial space. We estimate 200 SFE's from this development
during 2009 — 2014.
Rick Mueller Development
There is currently a PUD submittal for a 40 — 60 multi- family development residential
project south of Edwards Corner (north of the church). We have assumed 50 SFE's
during 2008 — 2009.
Fox Hollow (West of Mobile Home Park, South Side of Highway 6)
The Fox Hollow PUD includes 21,000 square feet of light industrial/commercial space
and 26 residential units (duplex and condominium). A portion of the commercial space is
under construction (veterinary space). We estimate a total of 10 SFEs from the
commercial development and 26 SFES from the residential development (total of 36
SFE's during 2007 — 2010). This site also includes the Edwards Design and Craft Center
PUD which includes 49,700 square feet of light industrial/commercial space and 5
employee housing units. We estimate 25 SFE's from this site during 2010 — 2015.
Equestrian Center Site
2 schools (1 high school and 1 elementary school) are planned for this site. The schools
are expected to be complete by 2010. Based on current SFE's for Battle Mountain High
School (40.9 plus 10.3 for the addition) and Edwards Elementary School (10.3) we
estimate 40 SFE's for the high school and 10 SFE's for the elementary school in 2010.
Cordillera Valley Club is assumed to add an average of approximately 6 SFE's (3-4
homes).
CORDILLERA AND THE SUMMIT
The Summit area of Cordillera is assumed to add approximately 8 — 9 SFE's annually
beginning in 2007 (although the number of new SFE's may decline to 4 -5 after the next
5 years — we will continue to monitor this). The Divide and Ranch subdivisions of
Cordillera are assumed to add approximately 8 — 9 SFE's annually beginning in 2007.
RED SKY RANCH — At full buildout Red Sky Ranch will contain 117 single family
residences. As of December, 2006 there are approximately 16 completed homes in Red
Sky Ranch. We estimate 5 additional homes per year beginning in 2007.
WOLCOTT — Future development in the Wolcott area is projected to begin within the
next ten years. At full buildout, we estimate a total of residential living units in the
Wolcott area. We assume 39 living units in 2010 with full-buildout occurring by 2025.
Mr. Charlie Moore
ERFD Board of Directors
September 10, 2007
Page 6 of 6
GINN DEVELOPMENT — For purposes of this report, we are assuming the Ginn
Development outside of Minturn will contain 600 single family homes and 1,100
townhome/condominium units. It is assumed that residential units will begin
construction during 2011 and approach full-buildout by 2025.
MINTURN - On a conservative basis, it is expected that unidentified real estate
development within the Town of Minturn will add an average of 10 residential units
annually after 2006.
RED CLIFF — According to official from the Town of Red Cliff, the town currently
serves 125 SFE's for water and sewer. The Town is largely built out with only a few
vacant lots remaining. The area is seeing a trend of scraping older homes to rebuild
larger, newer homes. This trend may result in a couple new SFE's annually.
LIMITATIONS
Stan Bernstein and Associates, Inc. has assembled the above information, and the
information presented on Schedule 1, based on information provided by others. Stan
Bernstein and Associates, Inc. has not independently evaluated or tested this information.
Consequently, Stan Bernstein and Associates, Inc. does not vouch for the achievability or
accuracy of this information, and disclaims any opinion with respect to this information.
Very truly yours,
Stan Bernstein
Stan Bernstein and Associates, Inc.
WORKING DRAFT, 9-10-2007
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EMBER 31, 2025
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EAGLE RIVER FIRE PROTECTION DISTRICT
MULTI -YEAR FINANCIAL MODEL
#2 Scenario
(with Ginn Assessed Valuations, for more detail see notes below)
LINE ASSUMPTION
General Fund Operations Plan
1 -Assessed Valuations based on the Eagle County Assessor's Final Assessment
dated 12/15/2005 for 2006 and 12/15/07 for 2007, Eagle County Assossor's Final
Assessment dated 11/15/07 for 2008, projections for 2009 through 2016 are per
Stan Bernstein's projections of 9/10/07 Schedule 2, line 39 and include the Ginn
projectfrom 2012 forward. All projections within this line item exclude valuations for
Beaver Creek Metro. •
3 - Current Property taxes reflect calculations less Capital requirements, which are
noted within the Capital and CIP Plans.
4 -Specific Ownership taxes are based on 5% of property taxes.
6 - Contract services - BCMD increases by 2% in 2006 and 3% in 2007 and 2008, then
1.5% annually.
8 - Other income is made up of Inspection fees, MVA billing, Grants, etc and remains
flat. Except Federal Grants in 2006, which includes the Federal Homeland Security
Grant and Other Governmental for incremental deployments.
9 - Interest is based on 3% of the current service level beginning fund balance.
12 -Salary, Wages & Benefits relfect the following:
Positions in 2006 reflect the loss of the Finance Officer position in lieu of a
contracted position as reflected in line 13. 2007 further reflects the loss of the PTS
program in lieu of the Resident Program beginning in 2006. 2007 also reflects the
loss of the Permit Tech position in lieu of 1 FTE Fire Inspector in 2007 from
January forward. Likewise, the Operations Tech position was eliminate in lieu of 1
PTE Administrative Assistant in 2007 from January forward. Other positions in
2007 are 1 FTE Training Lieutenant in 2007 from July forward, 1 FTE Deputy Chief
of Operations from July forward, 1 Deputy Chief of Operations from August forward
in eliminating the Division Chief of Training, 3 FTE Lieutenants in 2007 from
October forward, and 3 FTE Fire Technicians from October forward. 2008 reflects
1 FTE Fire Inspector/Marketing & Public Relations Administrator from July forward.
Resident Program consists of 5 additional paid shifts per resident plus FLSA and
related taxes and benefits. Pay rate includes a 3% increase annually through 2016.
In 2010 and thereafter annually, an additional $50,000 has been added for
additional resident positions.
GF Assumptions
5/14/20088:55 AM
Multi Year Financial Plan Scenario 2 - 012108 (2)
EAGLE RIVER FIRE PROTECTION DISTRICT
MULTI -YEAR FINANCIAL MODEL
Salary Adjustments are based on the previously proposed pay scales showing a
6% increase in 2006. 2007 and 2008 reflect increases made on an individual
basis, and a 4% increase thereafter along with a 3% cost of living adjustment
annually beginning in 2006.
Group Health rates reflect a 15% increase in 2007 and an 14% increase in 2008,
with a 10% annual increase thereafter. All other benefits (Pension, Wellness,
Employee Assistance, LTD, Unemployment, Disability, FPPA) remain flat except
Workman's Comp which shows a 5% increase annually for firefighters only.
13 - Commodities in 2007 reflects expenditures for fire hose, and increased
expenditures for rescue equipment and protective clothing. 2008 reflects continued
service level improvements with allocations for new ladder truck equipoment,
rescue equipment, communication supplies, and fitness equipment. Otherwise
expenditures reflect a 3% annual increase.
14 - Contracted Services in 2006 reflect the addition of an IT Tech and Finance Officer,
while 2007 includes expenses for an Impact Fee Study, Architectural planning,
Resident CD, Resident housing costs, and an additional $9600 for Fire Prevention
through 2016. 2008 reflects further Architectural planning fees, website
maintenance costs and the rental of an Administration office through 2010.
Otherwise expenditures reflect a 3% annual increase.
15 - Other Operating Costs reflect addition of election costs, countywide training center
design fees, and IGA agreed 50% match on inclusion properties to Greater Eagle
FPD in 2008, otherwise a 3% annual increase.
16 - Capital Outlay includes general building improvements and capital purchases made
on a cash basis rather than lease purchase. An increase occurs in 2007 to begin
station improvements at Avon, Wildridge, Eagle -Vail, and Minturn primarily. Funds
have also been allocated to restore the Gilman Parade Engine in 2007 and 2008.
2008 reflects various station improvements, addition of video conferencing, and
various station furniture needs.
18 - General funds transferred to Capital Impact Fund in instances when CIP Fund is in
deficit.
22 - Reflects funds required from line 24 in order to meet the District's Tabor required
emergency reserve level and additional emergency reserve levels as dicated by the
Board of Directors.
* 2005 & 2006 Budget is based on Actuals, the 2007 budget is based on estimated year-end budget,
and 2008 is based on adopted budget as of 11/29/07.
GF Assumptions
5/14/20088:55 AM
Multi Year Financial Plan Scenario 2 - 012108 (2)
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EAGLE RIVER FIRE PROTECTION DISTRICT
MULTI YEAR FINANCIAL MODEL
#2 Scenario
(with Ginn Assessed Valuations, for more detail see notes below)
LINE ASSUMPTION
Capital Impact Plan
1- Revenues transferred in from the General Fund to cover initial purchases.
Assumes no expenditures in 2008 except for those made by lease purchase.
2 -Capital lease revenues are anticipated for facilitiy development only, otherwise
all other expenditures to be paid directly from collected impact fees.
3- Impact fee revenues projections as provided by Stan Bernstein dated 9/10/07
from Schedule 1, line 81.
5- Processing fees are assumed at 6% per proposed IGA's.
6 28 - Outlines anticipated capital purchases associated to future growth.
29 - Debt Service payments based on life of loan at 4.5% interest
31 - Transfers to the General Fund to pay back any monies directly expended for
capital impact growth.
* 2005 & 2006 Budget is based on Actuals, the 2007 budget is based on
approved amended budget, and 2008 budget is based on proposed draft as of
9/12/2007.
CIF Assumptions
5/14/2008 8:55 AM
Multi Year Financial Plan Scenario 2 - 012108 (2)
C
MOUNTAIN STAR ASSOCIATION
Avon Town Council
Avon Town Manager
c/o Ms. Patty McKenny, Town Clerk
Dear Mayor Wolfe, Council Members and Mr. Brooks:
Property owners in Mountain Star consider the risk of fire in our community
to be of great significance. We have a continuous program of removing dead
trees, both Aspens and Pines, on our common land and on private home
sites. We realize that our final line of defense, should a fire start, is the fast
and effective response of an adequately equipped and staffed fire fighting
units from the Eagle Rive Fire protection District. For this reason the Board
has directed me to indicate our support of two ERFPD initiatives.
We have followed the District's examination of facility needs and their most
effective locations. Their engagement of experts in the field is applauded as
is the selection of a site on Nottingham Road, in the vicinity of the Buck
Creek Road intersection, gives improved response to both Wildridge and
Mountain Star which are the two Avon neighborhoods with wildfire ratings of
"high." We fully support the proposed new station locations and ask the
Town to support the District in making the new station happen at the
proposed location.
The Capital needs of the District in order to maintain the current level of
service as the town and region grows and develops is our second area of
support. We believe that development should pay its own way rather than
being a burden to all taxpayers. We have become familiar with the ERFPD
Impact Fee proposal and support Avon adopting it on their behalf.
Mountain Star homeowners appreciate what our firefighters and other
emergency service providers do for our communities. They put their lives on
the line for us, we need the protection that they provide and we want them
properly equipped and funded.
Please make this letter of support part of the record of the town's
consideration of the Impact Fee Ordinance
On behalf of the Mountain Star Association'
Steve Coyer, President
TOWN OF AVON, COLORADO
RESOLUTION NO. 08-20
SERIES OF 2008
A RESOLUTION OF THE TOWN OF AVON, COLORADO, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON,
COLORADO AND THE EAGLE RIVER FIRE PROTECTION DISTRICT,
CONCERNING THE COLLECTION, PAYMENT AND USE OF EMERGENCY
SERVICE IMPACT FEES
WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly
organized and existing under Article XX of the Colorado Constitution and the Town of Avon
Home Rule Charter of 1978 ("Charter"); and
WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the power to
erect engine houses and provide fire engines and the necessary fire apparatus for the
extinguishing of fires and to provide for the use and management of the same by volunteer fire
companies or otherwise; and
WHEREAS, the Eagle River Fire Protection District is a Colorado special district
existing and operating under Title 32, Article 1, C.R.S., which includes the Town within its
jurisdictional boundaries for the provision of fire protection and emergency medical services;
and
WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State and its
political subdivisions to give direct or indirect financial support and assistance to any other
political subdivision as may be authorized by general statutes; and
WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports the
cooperation or contracting by or among any of its political subdivisions to provide any function
or facility lawfully authorized to each of the cooperating units, including, without limitation, the
sharing of costs, the imposition of taxes, or the incurring of debts; and
WHEREAS, Sections 29-1-201 and 203, C.R.S., permit and encourage governmental
entities to make the most efficient and effective use of their powers and responsibilities by
cooperating and contracting with other governmental entities to provide any function, service or
facility lawfully authorized to each, including the sharing of costs; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes
and encourages local governments to cooperate or contract with other units of government for
the purpose of regulating the development of land and the impacts thereof; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, as follows:
Section 1. The Intergovernmental Agreement between the Town and the Eagle River
Fire Protection District, attached as Exhibit A hereto, is approved.
{00086404.DOC / 2}
Section 2. The Town staff is authorized and directed to take all action necessary and
appropriate with respect to the implementation of the agreement.
ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO,
UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR
MEETING HELD AT THE TOWN OF AVON, ON THE 8TH DAY OF JULY, 2008.
TOWN OF AVON, COLORADO
By:
Ronald C. Wolfe, Mayor
Attest:
By:
Patty McKenny, Town Clerk
{00086404.DOC / 2)
Exhibit A
(Agreement)
{00086404.DOC / 2)
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF AVON, COLORADO AND THE
EAGLE RIVER FIRE PROTECTION DISTRICT,
CONCERNING THE COLLECTION, PAYMENT AND
USE OF EMERGENCY SERVICE IMPACT FEES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of , 2008, by and between the Town of Avon, Colorado
("Town") and Eagle River Fire Protection District ("District"), a special district of the
State of Colorado.
RECITALS
WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality
duly organized and existing under Article XX of the Colorado Constitution and the Town
of Avon Home Rule Charter of 1978 ("Charter"); and
WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the
power to erect engine houses and provide fire engines and the necessary fire apparatus for
the extinguishing of fires and to provide for the use and management of the same by
volunteer fire companies or otherwise; and
WHEREAS, pursuant to Section 16.2 of the Charter, the Town may enter into
contracts or agreements with other governmental units of every kind and character for the
joint use of buildings, equipment, or facilities, or for furnishing or receiving commodities
or services of public benefit under such terms and conditions as shall be approved by
Council; and
WHEREAS, the District is a quasi -municipal government and political
subdivision of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to
provide prevention and extinguishment of fire, protection of life and property from fire,
enforcement of fire prevention codes, hazardous materials response, and other emergency
services authorized by statute or typically provided by a public fire department
(collectively, "Emergency Services") within the Town; and
WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State
and its political subdivisions to give direct or indirect financial support and assistance to
any other political subdivision as may be authorized by general statutes; and
WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports
the cooperation or contracting by or among any of its political subdivisions to provide
any function or facility lawfully authorized to each of the cooperating units, including,
without limitation, the sharing of costs, the imposition of taxes, or the incurring of debts;
and
{00086425.DOC /}
WHEREAS, Sections 29-1-201 and 203, C.R.S., permit and encourage
governmental entities to make the most efficient and effective use of their powers and
responsibilities by cooperating and contracting with other governmental entities to
provide any function, service or facility lawfully authorized to each, including the sharing
of costs; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974
authorizes and encourages local governments to cooperate or contract with other units of
government for the purpose of regulating the development of land, including the impacts
resulting therefrom; and
WHEREAS, Section 29-20-104.5, C.R.S., authorizes counties and municipalities
to impose an impact fee as a condition of issuance of a development permit to offset the
costs of providing any capital facility directly related to any service the county or
municipality is authorized to provide, that has a useful life of at least five years, and is
required by charter or general policy of the county or municipality; and
WHEREAS, new development within the Town is placing significant additional
demands on the provision of Emergency Services and the capital facilities necessary to
provide them; and
WHEREAS, the Town acknowledges that without the assistance of the Town in
imposing and collecting impact fees for Emergency Services and their expenditure on
necessary public facilities to provide the Emergency Services, citizens of the Town may
suffer the result of decreased levels of Emergency Services; and
WHEREAS, pursuant to Ordinance No. 08-06 the Town Council has adopted
amendments to the Avon Municipal Code which provide for fire protection and
emergency medical services impact fees to be imposed on development which generates
a need for additional fire protection and emergency medical services capital facilities; and
WHEREAS, by Ordinance No. 08-06 the Town Council has adopted an Impact
Fee Schedule, Section 3.40.100, for the capital facilities of the District; and
WHEREAS, the Town Council, upon consideration of the impacts of land
developments within the Town on the ability of the District to provide adequate
Emergency Services and related capital facilities within the District, has determined that
it is in the best interests of the citizens of the Town and the District to cooperatively and
in a coordinated fashion utilize the revenues from the Town's impact fees for Emergency
Services to fund expenditures by the Town on capital facilities needed to provide
Emergency Services to new development;
{00086425.DOC /}
2
NOW, THEREFORE, in consideration of the Recitals stated above, and the
mutual covenants and promises of the parties hereto, the receipt and sufficiency of which
is acknowledged, the Town and the District agree as follows:
SECTION 1.
PURPOSE
The purpose of this Agreement is to provide for the joint and cooperative funding
of expenditures by the parties on capital facilities needed to provide fire protection and
emergency medical services to new development occurring within the Town, and thereby
carry out the purposes and intent of Ordinance No. 08-06 ("the Impact Fee Ordinance").
Terms used in this Agreement and not defined herein shall have the meanings given to
them in the Impact Fee Ordinance.
SECTION 2.
IMPOSITION AND COLLECTION OF AN
IMPACT FEE FOR EMERGENCY SERVICES
2.1 During the term of this Agreement, the Town shall impose an impact fee
for Emergency Services on each Lot (or other portion) of a Development upon the
commencement of the Emergency Service -Generating Development. Such impact fee
shall be paid to the Town at the time of issuance of a Building Permit.
2.2 For requests for Development approvals that are processed by the Town's
Community Development Department, the obligation to pay the required impact fees
shall be fully disclosed to the applicant by the Community Development Department
prior to such approval. Any developer requesting a development approval shall be
subject to payment of the impact fees established by this Article as a condition of
development approval. The obligation to pay such impact fees shall run with the land.
The impact fee imposed shall be paid at the time of issuance of each Building Permit.
2.3 Town shall not issue a Building Permit for a property within a development
subject to the Town's impact fees for Emergency Services unless the applicant provides
proof of the applicant's payment of the impact fee.
2.4 The Town Council may, by resolution, grant a waiver of the applicable
impact fees for fire and emergency medical services on a development or portion of a
development for the purpose of constructing or providing low or moderately priced
housing units for sale or lease to low or moderate income persons; provided that the
parties to the development shall agree to appropriately restrict the future use of the
applicable units by recorded agreement, deed restriction, covenants, declarations, or
similar instruments as may be required by the Town Manager.
{00086425.DOC /}
3
SECTION 3.
ADMINISTRATION AND EXPENDITURE OF EMERGENCY
SERVICE IMPACT FEE REVENUES
3.1 When an impact fee for Emergency Services is paid to the Town, such
funds shall be transferred by the Town to the District within sixty (60) days following
receipt of such funds, less six percent (6%) of the fee as an administrative fee to offset the
Town's costs of collecting and administering the impact fee. The Town hereby appoints
and designates the District as the Town's designee and agent for purposes of
administering and expending the impact fees for Emergency Services as provided herein.
3.2 Upon receipt, the District shall deposit the Town's impact fees for
Emergency Services in an interest -bearing account identifying the lot, development
activity and development approval for which the impact fee was collected and the
associated category, account, or fund of capital expenditure for which such impact fee
was imposed. Any interest or other income earned on moneys deposited in the interest -
bearing account shall be credited to the account.
3.3 The District shall use the Town's impact fees for Emergency Services to
jointly fund, in combination with District funds, the capital facilities necessary to provide
the Emergency Services needed to serve future development, as contemplated by the
Eagle River Fire Protection District Impact Fee Study, dated July 24, 2007, prepared by
BBC Research & Consulting and Stan Bernstein and Associates, Inc., or any updated,
amended or replacement analysis adopted by the Town ("BBC/Bernstein Impact Fee
Study") attached hereto as Exhibit 'A'.
3.4 The District may only utilize the Town's impact fee revenues for planning,
preliminary architectural and engineering services, architectural and engineering design
studies, land surveys, land acquisition, site improvements and off -site improvements
associated with new or expanded facilities; the construction of buildings and other
facilities; and the purchase of apparatus and equipment, including communications
equipment, with an average useable life of at least five (5) years. No impact fees shall be
used for periodic or routine maintenance of facilities and equipment, personnel costs, or
operational expenses, or any purpose not otherwise authorized by Section 29-20-104.5,
C.R.S.
3.5 In the event bonds or similar debt instruments are used to fund Emergency
Service Capital Improvements necessary to provide Emergency Services to a
development within the Town prior to collecting the impact fees associated with the
development as herein provided, once collected, the Town impact fees may be used to
pay debt service on such bonds or similar debt instruments, or to reimburse the District
for capital expenditures which have been made for Eligible Capital Facilities and
Expenditures at any time after the date of this Agreement.
{00086425.DOC /}
4
3.6 The District shall account for all impact fees for Emergency Services
collected pursuant to this Agreement in the manner required by Sections 29-1-801, et
seq., C.R.S., and other applicable law.
3.7 No less than annually, the District shall provide to the Town a copy of its
annual audit report of its collection, administration and expenditure of all impact fees
within the Town and not later than December 1, of each year, a copy of its annual budget
detailing revenues and expenditures of impact fees in the next calendar year.
3.8 The expenditure of revenues from the Town impact fees for Emergency
Services so collected shall constitute expenditure by the Town for assisting in the
provision of Emergency Services to new development within the Town. In exchange for
the Town's expenditure of the impact fees to jointly fund capital facilities in cooperation
with the District, the Town shall obtain an ownership interest in the capital facilities
funded by such impact fees, proportional to the amount of Town impact fees utilized to
fund the capital facility.
3.9 In exchange for the continued provision of Emergency Services within the
Town by the District, the Town hereby assigns to the District the Town's interest in any
and all capital facilities funded in whole or part by the Town's impact fees, for the life of
the capital facility. The District shall operate and maintain the capital facilities in good
condition, subject to reasonable wear and tear. This section shall survive and remain in
effect notwithstanding the termination of this Agreement or repeal or amendment of the
Impact Fee Ordinance for so long as the District continues to use the capital facilities to
provide Emergency Services to the development which paid the Town's impact fees.
Upon the expiration of the useful life of the capital facilities, any remaining Town
interest shall automatically transfer to the District.
SECTION 4.
LIABILITY AND INDEMNIFICATION
Any other provisions of this Agreement notwithstanding, if the Town is required
to make any refund of any impact fee for Emergency Services, the District shall
reimburse the Town for the required refund. The District shall indemnify, defend and
hold the Town and its officers, agents and employees harmless from and against any and
all claims or liability arising from the Town's adoption or implementation of the Impact
Fee Ordinance and the adoption or implementation of this Agreement; or the
administration and expenditure by the District of any of the Town's impact fees.
Specifically, this indemnification shall include, but not be limited to, any legal action by
any party contesting the adoption or implementation of this Agreement or the Impact Fee
Ordinance on the grounds of procedural irregularity, unconstitutionality, lack of
authority, breach of contract, preemption by State law or any other grounds. The District
shall also indemnify, defend and hold the Town, and its officers, agents and employees,
{00086425.DOC /}
5
harmless from and against any and all claims arising from any breach or default in the
performance of the obligations on the District's part to be performed under the Impact
Fee Ordinance, the provisions of this Agreement, or arising from any intentional acts,
negligence or omissions of the District or any of its officers, agents, and employees.
Such indemnification by the District as provided in this Section shall include all costs,
attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action
or proceeding brought on any such claim; provided, however, nothing contained herein
waives or is intended to waive any protections that may be applicable to the District
under the Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., or any other
rights, protections, immunities, defenses or limitations on liability provided by law, and
subject to any applicable provisions of the Colorado Constitution and applicable laws. In
the event the Town is named as a party in any legal action, in consultation with the Town
and subject to the Town's approval, the District shall select legal counsel to represent the
Town in such action. Such action shall be vigorously defended against, the Town shall
be consulted as to all significant decisions involved in the action, and the action shall not
be compromised or settled without the consent of the Town, which consent shall not be
unreasonably withheld. Payment of any amount owing pursuant hereto shall be due
within thirty days of submission of an invoice by the Town. In the event the same is not
paid, the amount owing shall bear interest pursuant to Section 3.32.010, Avon Municipal
Code, and may be offset against any amounts otherwise payable to the District hereunder.
SECTION 5.
TERM OF AGREEMENT
The term of this Agreement shall commence upon execution of this Agreement
and shall continue until the Impact Fee Ordinance is repealed; provided, however, either
party may terminate this Agreement upon giving at least ninety (90) days written notice
of such intent to terminate to the other party. This Agreement is also subject to annual
appropriation by either party of sufficient funds necessary to carry out the obligations of
the party. Upon termination, the District shall promptly return to the Town all Town
impact fees for Emergency Services and interest accrued thereon that have not been
expended on capital facilities under this Agreement; and each party shall have no further
obligations under this Agreement, subject to the continued validity of Sections 3.8 and
3.9 as to capital facilities funded prior to such termination in whole or in part by the
expenditure of Town impact fees for Emergency Services and subject further to the
continued validity of Section 4 as to liability and indemnification.
{00086425.DOC /}
6
SECTION 6.
REMEDIES
6.1 Time is of the essence in this Agreement.
6.2 If a party violates or breaches or fails to keep or perform any covenant,
agreement, term or condition of this Agreement at the time designated; or in the event a
party is in default or in violation of a term of this Agreement for which no specific time is
designated, and the default or violation continues or is not remedied within thirty (30)
days after notice in writing is given by the non -breaching party to the other party
specifying the matter claimed to be in default, the non -breaching party shall be entitled to
pursue all remedies available at law or in equity to enforce the terms of this Agreement,
including the right of specific performance; provided, however, with respect to any
default that cannot be cured within thirty (30) days, such legal remedies shall not be
pursued if the breaching party takes all steps necessary to cure the default within such
period and thereafter continuously exercises due diligence to cure the default.
6.3 The Town shall use its best efforts to collect the impact fees for Emergency
Services and to withhold issuance of the Building Permit until the impact fees are paid as
provided in this Agreement; however, inadvertent failure to do so by the Town shall not
give rise to any liability by the Town. The Town's failure to collect the impact fees or
the Town's issuance of a Building Permit without first receiving the impact fees shall not
constitute a waiver of the Town's authority to collect such fees. In such case, the non -
collected impact fees shall remain valid obligations and the Town and the District shall
cooperate to take such actions as are necessary to facilitate the collection of the same
including, without limitation and to the extent legally permissible, suspending or
revoking any permission to develop land previously granted.
SECTION 7.
NOTICES
7.1 All notices that may be required or given pursuant to this Agreement by a
party to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States first class mail, postage prepaid, and addressed as follows:
DISTRICT
Eagle River Fire Protection District
Post Office Box 7980
Avon, Colorado 81620-7980
{00086425.DOC I)
7
TOWN OF AVON
Town Manager
Town of Avon
P.O. Box 975
Avon, Colorado 81620
7.2 The address to which any notice or other writing may be given to any party
as above provided may be changed by written notice given by such party as above
provided.
SECTION 8.
MISCELLANEOUS PROVISIONS
8.1 This Agreement is expressly conditioned upon the continuance in force of
the Impact Fee Ordinance. In the event the Impact Fee Ordinance is repealed or amended
in a manner that is inconsistent with the terms of this Agreement, this Agreement shall
terminate.
8.2 No modification or waiver of this Agreement or any covenant, condition or
provision contained herein shall be valid unless in writing and duly executed by all
parties.
8.3 This written Agreement embodies the whole Agreement between the
parties and there are no inducements, promises, terms, conditions or other obligations
made or entered into by the parties other than those contained herein.
8.4 This Agreement shall be binding upon the parties hereto, the respective
successors or assigns, and may not be assigned by any party without the express written
consent of the other party.
8.5 All terms contained in this Agreement are severable and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this Agreement
shall be interpreted as if such invalid term or condition is not contained herein.
8.6 The signatories to this Agreement affirm and warrant that they are fully
authorized to enter into and execute this Agreement, and all necessary actions, notices,
meetings and/or hearings pursuant to any law required to authorize their execution of this
Agreement have been made.
8.7 This Agreement may be amended from time to time by written Agreement
duly authorized by all the parties to this Agreement.
8.8 This Agreement does not and shall not be deemed to confer upon or grant
to any third party any right enforceable at law or equity arising out of any term, covenant,
or condition herein or the breach thereof
8.9 This Agreement, or a memorandum of this Agreement, may be recorded in
the records of the Eagle County Clerk and Recorder.
{00086425.DOC /}
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
TOWN OF AVON, COLORADO, by and
through its Town Council
By:
Ron Wolfe, Mayor
Attest:
Patty McKenny, Town Clerk
EAGLE RIVER FIRE PROTECTION
DISTRICT, a Colorado special district, acting
by and through its Board of Directors
By:
Charles A. Moore, Fire Chief/General
Manager
Attest:
{00086425.DOC I)
Exhibit A
Eagle River Fire Protection District
Impact Fee Study — Phase II, Final Report
July 24, 2007
BBC Research & Consulting
Stan Bernstein and Associates, Inc.
("BBC/Bernstein Impact Fee Study")
{00086425.DOC /}
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, P.E., Town Engineerlimflt-
Shane Pegram, Engineer II
Date: June 26, 2008
Re: Resolution No. 08-24, Approving the Amended Final Plat, A Resubdivision of Lots
12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado (4123 and
4121 Little Point)
Summary: The applicant, Michael Hazard, representing Advanced Home Technologies, LLC,
owner of 4123 and 4121 Little Point, has submitted an Amended Final Plat to resubdivide Lot 12 and
13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. This Amended Final Plat
resubdivides the existing Lot 12 and 13, Block 3, Wildridge by realigning their shared boundary, and
creates an access easement across Lot 13 for the benefit of Lot 12. This amended final plat is in
response to a final design plan for two duplexes recently approved by the Planning and Zoning
Commission. The approved design plans are premised (and conditioned) upon this approval. The
amended final plat was referred to John Dunn and Community Development and all requested
revisions have been made. The existing 10' wide utility easement is being vacated and the requisite
utility company authorizations have been received. The Amended Final Plat is in conformance with
Title 16 of the Avon Municipal Code, Subdivisions. Resolution 08-24 is attached as Exhibit A, and a
copy of the Amended Final Plat is attached as Exhibit B.
Recommendation: Based on provisions of Chapter 16.48 and applicable sections of Title 16, Avon
Municipal Code, staff recommends approval of Resolution No. 08-24, Series of 2008, A Resolution
Approving the Amended Final Plat, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of
Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff.
Proposed Motion: I move to approve Resolution No. 08-24, Series of 2008, A Resolution
Approving the Amended Final Plat, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of
Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff.
Town Manager omme
Attachm
Exhibit A Resolution 08-24, Series of 2008
Exhibit B Amended Final Plat, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of
Avon, Eagle County, Colorado
TOWN OF AVON
RESOLUTION NO. 08 - 24
Series of 2008
A RESOLUTION APPROVING THE AMENDED FINAL PLAT, A RESUBDIVISION
OF LOT 12 AND 13, BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Michael Hazard, representing Advance Home Technologies, LLC, submitted an
Amended Final Plat for a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon,
Eagle County, Colorado, located at 4123 and 4121 Little Point; and
WHEREAS, the Amended Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Amended Final Plat was found to be in conformance with all applicable
sections of Title 16, Subdivision, of the Avon Municipal Code; and
WHEREAS, the proposed resubdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Amended Final Plat, A Resubdivision of Lots 12 and 13, Block 3,
Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon
subject to the completion of technical corrections as identified by Town Staff.
ADOPTED THIS
ATTEST:
Patty Bierle-McKenny
Town Clerk
DAY OF , 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
/7///7//7/ 7/77/ /7/7/7/7/7/7/77/7/
SEC. 35
11,
WILDRIDGE
SUBDIWSION
SUBJECT SITE
T5S NHl7E RIVER
NATIONAL FOREST
SIDPE MANIFNNILE,
DRAINAGE k 410M
Ell:RACE EASEMENT
FOUND PIN
MAL CAP
1R- 75.00'
L-105.00
TBRG-N20'41 •
C LEN -103.43'
FOUND PIN 11 1ELLDN'
PLASM CAP
L9/3447
LOT 11
0• 20' 4O 60'
SCALE 1'-20'
AMENDED FINAL PLAT
A RESUBDIVISION OF LOTS 12 AND 13, BLOCK 3, WILDRIDGE
SEC. 36
VICINITYMAP
SCA1 F• 1.o1000'
co
d'
FAUN PN 11PLAS110 CAP
RED
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
(MO UM MAW
LOT AR£A (ova) USE OELl40 12915 ADDRESS
IS 0.4466 Reeldrtld-0,plr 2
13 0.4676 RddnU0-O pl.. 2
WILDRIDGE ROAD VEST (50' R.O.W.)
UImJTT 11 DRAINAGE
EASEMENT 0REAlE0
BY 116 PLAT
10110 RC k RED
PLA5110 CAP
/ I /
4123 LITTLE PONT
4121 LITHE PORT
7 _AUAP4 11 — — %
� minim7o. 11 /
L9 / / DRAMATESICRAGEFSNOW
//
/ /
/ / /
11I
1
\UNITY
REIIM� BY TIES EAOEIENT
N3ANDOPLAT
7.5A /
OD1 r/ /7.5.4
/ / 01.-OT
we
It
/
/ 1 PROPERTY UDE
/1 V/ ABAMMTB BY
ACCESS EASBE .r
CREATED BY 11115
PLAT
RN O
&UAL CAP
LS/30116
LOT 14
aro
S MEN
EAS
EMENT
R-326.00'
L -I25.81'
R-775.00'
Lm14.61'
T 7.30'
BRO-318'0o'53'W
C LEN -14.60'
FOUND PM a Ran
RAMC CAP
LS/20033
10.0'
251s-
UTUTY de
MANAGE
EASOMENT
&ALM0 /
SEMAdt _
/ i 10.0'
10 7.5
FOUND PM 11
ALUM. CM
L5/5447
P.91D RN a RED
PLASTIC CAP
SLOE YANIENANCE,
O SNOW
STORAGE EASISOR
t
I
IMMIWOMIIN OF MOM= MO DOOIMmP
Snood ma by them armada that Advavad Norm.
T a Caftan United May0mpa0y berm
. de mne(e . fa Ample of d that red Prapat),
dnob.d as Pokes
Lat 12 snd Lot 3. Moak 3, MkIrldge cowing to the plat
tha.d mcadeddI. the anew.4 6i. End. Coed}
Cdaado. Crrk old Mood... containing O&M aa.e 0.M
0.4671 anm men r 444.
Moe by than prorate la a4. platted that ebaeded the
n one Into Loh s ham hewn and drab the names A
Robdvifan of Loh 12 and /3, fled, 3, Nldridpr„ Tom
of Avon, County of C... State of Colorado and dedste
for public use the street. Mom 1101. rdei,g ....ns
true. b0. .n.do lame, courts and don to IN. Tom of
Awn and the 01#y and drainage manmade shown hence
far utlty and daem means met and do further
. tab that tide .bad0an .hag be tub 4a0 to th.
Prdecth. Coronado, fled ad rmmrded for tale
5lbdh10nn . 144 Offs of the Clerk and R..rda of
Eoye Cm*. Colorado. as Dammed Nab.
E+.mod for - IMy
day of 6
ONIElb
AD., 200 a Colorado Makes Rd. AwA CO. 0620
A▪ .
STATE OF _
COUNTY W
The forgoing Ded etke mm admoeledptl begot me ter
_ day of 2006 by
d A/Amami Rome
TedndogIn. a Colorado MOW fabmRy aanpmy.
Mortn.olzonisolon
my hard pad ..d
Moto! P bM
mom mire=
Ter Plat. 14* .g roads. d any lot Obes onomerds and
.404.0. of MIL pnMoOly dedbaed and not ddoat.d i11111021.
r
apprand by the To.. Camel of 144 To... of A.0... Canty of
▪ Sots of Cdaad. this _day of
2004 Ali, for flog %Rh the Clerk and %cord.. of the County
of Eagl• old or snmya ce to the Tom of the purl
dedications Mom hro.,. SCI same to operands the p10 Plat.
ob}at to tta pronto, Mat mood b s om 01109.6. the
Tat, of Awn fa Osman or astruc6m d .poorrune se
Imde, drab or emanate dedaated tempt as .pedledy
0.p..) to by the Tom Camel aced Ostler that add operand
O 041 . no my Mambo 6o. Tam of Awn for mddwaa of
Men...dl =retraction of rarorronth Mat. 041 hoes
bad canplM.d to 144 outhfoa of the Tom Cam & Approval
of 60s plat by to. Tan N canard only god to not to to
0antrusd s an amoral d the edmad wreathe.. of for
plat or my documents relating thereto.
IN11ESS MY HMO AND SEAL OF INC 1O4 4 Or AVOW
TONS COd4Li OF 1tE 1018 OF AVON
Zor
Attest
Tom CI*M
NOM
1) Date of Havel. June, 2006
Yamrtpll.. s Moon an &ming.
Basle of bearings r a No camectleg food raae00,e
madden gm dumb • (a *own marry af oldd Lots IS
1Wea )1J
bang SOW
4) Halos A.oatha to Cder.da toe yon mat aemame any
I16ol calm band too my defeat h thin away Woe
tens oar. art. you PM daw...d. defeat. . no
mot,
4 may my adfat trod y afro. the dote of thdefeat In thio ree
• om Son O. .than tan yore
certification 0,01 hewn.
Company
1 H- t0 E-• Rrst Amok= H dated Jan 6 2006 tfoor a 1 wrad
6) Protection, Commie as na.d.d at R4aptrr. No. 226460.
7) The Ass. Emmet malted by thin plat r fee th. bash of Lot 12.
TR[ O��INQ COI4MY COMPICM11
Fink Arne/wan Montt9, Me Company dem Malay eetIfy that
has emonM M. title to d hHo Mom
upon this plot old that tltls to rah lanolin r rested M
00.. Advanced flora Tslvdomlw.
h.. rod err d d 6..o. ennai.ar o tar and also reh
accept an Odom
Fk.t M,Okan Rattans OM Company
aumwit's =MOM
4 Ylelmd 1 Pod. do hardy tinny that I an a Prdwkn0
Lend 01o. 11 .,ad mar t o. lame d the State of Cascade..
that this Plat r a tray awned and amp41. Rat of A
RsabdN.l., of Lots 12 old 13. Block 3. ears s lad out.
plotted, deflated ond shown here" that sat, Plat more made
S.. m accurate any of .old pop.ty by me .d .do. my
0p.sYon and tares') rhos IN. laodim .d d.,mdmm d
the lots. pomade and Mora of .old .bdMOon s the .tee
0A .13001 upo. IN. mod . exeMonce WA makable
vulatkee he eubMenke of land. Al monumontn
. gowning on s required by the 9uaadd.h. Roplatlaa af 6.. Tam
of Mon.
. atom Mast I bare at my hand and seat 0i. _ day d
. AD. 21306
Ykfeet 1 Pat
Calaa& P1.3 30110
COIMIOAR OF 1'Ms Mt
I. the 40.d..ga4 do tangly earthy tot the a tine mart of
tat. ad arsons due and modem of ,pm d
pass of red 0nh1e dneb0d m Ihl. plat as pal I. fa.
TOW ter dey d A.D. 2006
Thar. of Eagle Canty
Clot MOti CROIG=
Role Plat ms Sod A. roo.d N IN. OMs of Cho Clerk and
Roods at _ o'clock AD., 2006 and
r duly remand as lo..).0 xu,br
deb and Raarder
BY
Doody
41199 1004 AT 6 let 24, EAGLE-VAL
P.O. 902 1230
EDMARD6 CO. 91632
070-940-1406
JOB NO. 3142
PAGE 1 OF 1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, P.E., Town Engineer4W
Shane Pegram, Engineer II
Date: June 26, 2008
Re: Resolution No. 08-25, Approving the Final Plat, A Resubdivision of Lots 17a and
17b, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5670 Wildridge
Road East)
Summary: The applicants, Robert A. Taylor and Elizabeth L. Taylor, owners of 5670 Wildridge
Road East, have submitted a Final Plat to resubdivide Lots 17a and 17b, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 17a and 17b, Block 4,
Wildridge by removing their shared boundary, and creates a single lot, Lot 17. The applicants own
both halves of the existing duplex, and are currently remodeling the home to function as a single-
family residence. The Final Plat is in conformance with Title 16 of the Avon Municipal Code,
Subdivisions. Resolution 08-25 is attached as Exhibit A, and a copy of the Final Plat is attached as
Exhibit B.
Recommendation: Based on provisions of Chapter 16.48 and applicable sections of Title 16, Avon
Municipal Code, staff recommends approval of Resolution No. 08-25, Series of 2008, A Resolution
Approving the Final Plat, A Resubdivision of Lots 17a and 17b, Block 4, Wildridge, Town of Avon,
Eagle County, Colorado, subject to completion of technical corrections identified by staff.
Proposed Motion: I move to approve Resolution No. 08-25, Series of 2008, A Resolution
Approving the Final Plat, A Resubdivision of Lots 17a and 17b, Block 4, Wildridge, Town of Avon,
Eagle County, Colorado, subject to completion of technical corrections identified by staff.
Town Manager Comments:
Attacnts:
Exhibit A Resolution 08-25, Series of 2008
Exhibit B Amended Final Plat, A Resubdivision of Lots 17a and 17b, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado
EXHIBIT A
TOWN OF AVON
RESOLUTION NO. 08 - 25
Series of 2008
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 17A
&17B, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Robert A. Taylor and Elizabeth L. Taylor, submitted a Final Plat for a
Resubdivision of Lots 17a and 17b, Block 4, Wildridge, Town of Avon, Eagle County, Colorado,
located at 5670 Wildridge Road East; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be in conformance with all applicable sections of Title
16, Subdivision, of the Avon Municipal Code; and
WHEREAS, the proposed resubdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat, A Resubdivision of Lots 17a and 17b, Block 4, Wildridge, Town
of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to the
completion of technical corrections as identified by Town Staff.
ADOPTED THIS
ATTEST:
Patty Bierle-McKenny
Town Clerk
DAY OF , 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
EASEMENT CURVE DATA:
O RADIUS = 375.OD'
DELTA = 436'20'
ARC - 30.14'
TANGENT = 15.08'
CHORD - 30.14'
BRG - 546'01'21'w
ei RADIUS = 375.00'
DELTA = 824'23'
ARC = 55.D2'
TANGENT = 27.56'
CHORD = 54.97'
6RG = S543t'43'W
RADIUS - 375.00'
DELTA = 13'00'43'
ARC = 85.16'
TAN =42.77'
CHORD = 84.98'
BRG = N5213'32'E
SET No. 5 REBAR WITH
ALUM. CAP, LS. No. 30091
ACCESS AND UTIUTY EASEMENT
LOT 18
RADIUS = 175.00'
DELTA = 1444'00 -
ARC = 45.00'
TAN = 22.63'
CHORD = 44.88'
BRG = N5121'54'E
10' SLOPE MAINTENANCE, DRAINAGE &
SNOW STORAGE EASEMENT
tO' SLOPE MAINTENANCE. DRAINAGE &
SNOW STORAGE FACFMENT
FINAL PLAT
LOT 17, BLOCK 4, WILDRIDGE
A RESUBDI V I SI ON OF LOTS 17A & 17B, BLOCK 4, WILDRIDGE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
GENERAL NOTES:
11 DATE OF SURVEY: JUNE, 2098
2) BEARINGS BASED UPON THE UNE CONNECTING THE MONUMENTS SET MARKING THE SOUTHERLY CORNER OF LOT
17 AND THE WESTERLY CORNER OF LOT 17, eEING N44'1851'W (SEE DRAWING).
31 MONUMENTATION AS INDICATED HEREON.
4) THE SOLE PURPOSE OF THIS PLAT IS TO SUBDIVIDE LOTS 17A 8178. TO CREATE LOT 17 AS SHOWN HEREON.
SI GORE RANGE SURVEYING LLC DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTAEUSH
OWNERSHIP, EASEMENTS OR RIGHTS OF WAY OF RECORD. RECORD DOCUMENTS UTIUZED IN THE PREPARATION OF
THIS PLAT WERE PROVIDED BY LAND TITLE GUARANTEE COMPANY. ORDER No. CTAL50021574, DATEDFEERUARY 1, 2008
AT 510 P.M.
e) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON.
7) LOTS 17A MID 17B ARE SUBJECT TO PROTECTIVE COVENANTS OF WILDRIDGE SUBDIVISION RECORDED JULY 12,
1979 IN BOOK 298 AT PAGE 123 MID THE FIRST AMENDMENT THERETO RECORDED JUNE 2,1980 IN BOOK 303 AT PAGE
495 AND AMENDMENT RECORDED OCTOBER 8, 1981 IN BOOK 330 AT PAGE 77 AND AMENDMENT RECORDED
SEPTEMBER 4,19821N BOOK 345 AT PAGE 844.
FOUND No. 5 REBAR WITH
ALUM. CAP, L.S. No. 5447
ACCESS EASEMENT
S
oes
SET No. 5 REBAR WITH
ALUM. CAP, LS. No. 30091
SET No. 5 REBAR WITH
ALUM. CAP, LS No. 30D9t
LAND USE SUMMARY
PARCEL AREA USE ADDRESS
LOT 17 . 0398 AC. DUPLEX 5670 WILDRIDGE ROAD EAST
LOT 16
RADIUS = 475.00'
DELTA - 101749 -
ARC = 85.36'
TAN = 42.80'
CHORD = 85.25'
BRG = S51'21'27"W
/
/
/
LOT 19
FOUND No. 5 REBAR WITH
ALUM. CAP, LS. No. 5447
/
GRAPHIC SCALE
( 04 FEET )
1 loch = 20 ft
Certificate of Dedication and Ownership
Know all men by these presents that Robert A. Taylor and Elizabeth L Taylor, being sole owners in fee
simple and JPMorgan Chase Bank, N.A. being mortgagee of all that real property described as follows:
Lots 17A & 178, A Resubdivision of Lot 17, Block 4, Wildddge, per the plat thereof recordedJune 8,2004
at Reception Number 879813 in the office of the Eagle County Clerk and Recorder,
and containing 0.398 acres more or less; has by these presents laid -out. platted and subdivided the same
into Lots and Blocks as shown hereon and designate the same as Lot 17, Block 4, Wildddge, Town of
Avon, County of Eagle, State of Colorado and dedicate for public use the streets shown herein including
avenues, drives, boulevards, lanes, courts and alleys to the Town of Avon: and the utility and drainage
easements shown hereon for utility and drainage purposes only; and do further state that this subdivision
shall be subject to the Protective Covenants filed and recanted for this Subdivision in the office of the Clerk
and Recorder of Eagle County, Colorado, as Document Number
EXECUTED this _ day of A.D., 2008.
Owner. Address: t5318 Long Cove Blvd.
Robert A. Taylor Carmel, IN 48003
STATE OF
)SS
COUNTY OF
The foregoing Certificate of Dedication and Ownership was acknowledged before me this _ day of
A.D., 2008 by Robert A. Taylor.
My Commission expires:
Witness my hand and official seal.
Notary Public
Owner. Address: 15316 Long Cove Blvd.
Elizabeth L Taylor Cannel, IN 46003
STATE OF
)SS
COUNTY OF
The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of
A.D., 2008 by Elizabeth L Taylor.
My Commission expires:
Witness my hand and official seal.
Notary Public
Mortgagee: JPMorgan Chase Bank, N.A. Address: 439 W. Schid; Suite 200
Bloomingdale, IL 60108
By:
Title:
STATE OF
)SS
COUNTY OF
The foregoing Certificate of Dedication and Ownership was acknowledged before me this _day of
A.D., 2008 by as
of JPMorgan Chase Bank, N.A.
My Commission expires:
Witness my hand and official seal
Notary Public
EXHIBIT B
Title Certificate
Land Title Guarantee Company does hereby certify that It has examined the title to all lands shown upon
this plat and that title to such lands Is vested in Robert A. Taylor and Elizabeth L Taylor tee and clear of
ell liens, encumbrances, taxes and assessments except as follows:
Dated this day of A.D., 2008.
Agent signature
Surveyor's Certificate
1, Samuel H. Esker, do hereby certify that 1 am a Professional Land Surveyor licensed under the
laws of the State of Colorado. that this Plat is a true. correct and complete Plat of Lot 17, Block 4,
Wildddge, Town of Avon, County of Eagle, State of Colorado, as laid out, platted, dedicated and shown
hereon, that such plat was made from an accurate survey of said property by me and under my supervision
and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as
the same are staked upon the ground in compliance with applicable regulations governing the subdivision
of land. All monuments are set as required by the Subdivision Regulations of the Town of Avon.
In Witness Whereof, 1 have set my hand and seal this _day of A.D., 2008.
Samuel H. Edker
Colorado P.LS. No.30091
Town Certificate
This Plat, uses, densities, standards and definitions are approved by the Tam Council of the Town of
Avon, County of Eagle, State of Colorado this _day of A.D., 2008 for filing
with the Clerk and Recorder of the County of Eagle and for conveyance to the Town of Avon of the public
dedications shown hereon subject to the provision that approval in no way obligates the Town of Avon for
financing or constructing of improvements on lands, streets, or easements dedicated except as specifically
agreed to by the Town Council and further that said approval shall in no way obligate the Town of Avon for
maintenance of streets until construction of improvements thereon shall have been completed to the
satisfaction of the Town Council. Approval of this plat by the Town is a consent only and is not to be
construed as an approval of the technical correctness of this plat or any documentation relafing thereto.
WETNESS MY HAND AND SEAL OF THE TOWN OF AVON
TOWN COUNCIL OF THE TOWN OF AVON
By: _
Mayor
Attest:
Town Clerk
Certificate of Taxes Paid
JUN d 0 2008
Community DeveiopmE .,t
1, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as
of upon all parcels of reel estate described on this plat are paid in full. Dated this
day of A.D., 2008.
Eagle County Treasurer
Clerk and Recorder's Certificate
This Plat was filed for record in the Office of the Clerk and Recorder at _o'clock on this
day of 2008 and is duly recorded at Reception No.
Clerk and Recorder
By: Deputy
atom OP? 5£
are 6/8/2008
norm, on SE
auxrve .02-062iesube
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CONDOMINIUM MAP OF
THE GATES RESIDENCES
LOT 1, CHATEAU ST. CLAIRE SUBD/V!'S/ON - PUP
TOWN OF AVON, EAGLE COUNTY, COLORADO
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2
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1732 S0/A/3 FEET
1,346 Sp/A/ir FEET
1,336 SOUARCE FEET
1,733 SR71U.VZE FEET
1,733 SR7UAAE FEET
1,305 u/ACE FEET
1,427 SQ/Alci FEET
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1NT 201
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UMT 203
1A IT 204
UWT 205
LMT 204
LMT 207
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LMT 217
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1,732 ./ACE FEET
1,705 SQUARE FEET
1,720 SLV/A/E FEET
1,397 SQUARE FEET
1,841 =ARE FEET
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1749 SQUAE FEET
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7,723 SQ/ARE FEET
1,.792 SQUARE FEET
7,844 SQUARE FEET
7,346 SOUARE FEET
7,336 SQUARE FEET
1,733 SQUARE' FEET
7,733 SQUARE FEET
1,337 SQUAREFEET
1,425 SWARE FEET
Fv1'A41N/}g.7N FLWRS
G1IT 401
WIT 402
LMT 403
LMT 404
LMT 405
GAIT 406
LMT 407
LINT 404
LMT 409
LINT 410
(AMT 411
LMT 412
LAMT 413
LMT 414
LIWT 413
WIT 416
4,632 SQMISE FEET
1,751 SQ/Alci FEET
1,609 SYX/A/dE FEET
1 200 SpvARE FEET
277 savARE FEET
2617 SXYAARE FEET
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2669 sQ/AIE FEET
1910 SL'IUARE FEET
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x624 30 Exhibit B. °lotion 08-26 ate ;S
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other applicable ached
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Colorado, S �n ct , Lot 1 6CSeries sections s of Title
tiff
by staff n, Eagie Map, The e Resolutiont° completion
2008 q
Town Manager County, CoGates Residences,
es nc� ° 08-2" pleti°n ° f technical
Claire
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Serves
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completion ° St hl Hire olution
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or, /Subdivision
Exhibit Resolution 08-26, Serves o
Town ° Av°n f 2008
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POOL/EXERCYSE ROOM CC.E
EEE7 M0
9 OF 9
Memo ...,,�
To: Honorable Mayor and Town CouncilVON
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planner II A
Date: July 8, 2008 Meeting
Re: Resolution No. 08-27, Nottingham Power Plant
Historic Preservation Advisory Committee Property Nomination
HEART of the VALLEY
COLORADO
Summary:
Kim Nottingham, on behalf of the Avon Historic Preservation Advisory Committee,
submitted a nomination for a structure to be considered for Historic Landmark
designation to the Planning and Zoning Commission. Acting in accordance with the
procedures outlined in Chapter 17.50 of the Avon Municipal Code (Exhibit C), the
Commission considered the nomination, and approved Resolution 08-05,
recommending approval of the nomination at their June 17, 2008 meeting.
A majority decision of the Council is now required for final approval. Please find the
nomination attached to this Memorandum (Exhibit A), which includes several
photographs of the subject property. It is important to note that the Nottingham Power
Plant was listed in the Colorado State Register of Historic Properties in 2006, and has
met several review criteria at the state level. This is the first nomination from the
Historic Preservation Advisory Committee since Ordinance No. 08-04 was approved.
At their May 20, 2008 meeting, this nomination was presented to the Planning and
Zoning Commission. Pursuant to direction from the Commission, public notices were
mailed to all property owners (or designated representatives) within 300' of the subject
property. To date, Staff has not received any public input on this nomination.
Historic Committee Background:
The Town Council expressed a value in historic preservation and stewardship of
historic sites when the Historic Preservation Advisory Committee was established in
2005. The Historic Preservation Committee was formed by Resolution No. 05-13 on
May 10, 2005, and serves as an advisory Committee for the purpose of promoting
historical preservation in the Town.
The Committee meets quarterly and is charged with recognizing and recommending
historic landmark structures and properties to the Town Council. When the Committee
was formed, a "Heritage Fund" was created to fund their operation.
The Historic and Cultural Preservation Ordinance was approved on March 25, 2008 by
the Town Council upon second reading. The Ordinance establishes the processes
involved with nomination, and sets forth requirements for when a site or structure is
designated as a Historic Landmark.
Staff Recommendation:
Staff recommends that the Town Council approve Resolution No. 08-27 (Exhibit D),
approving Historic and Cultural Landmark designation for the Nottingham Power Plant.
Available Actions:
1) Approve Resolution 08-27; or
2) Table Resolution 08-27; or
3) Deny Resolution 08-27.
Town Manager Comments:
Attachments:
Exhibit A: Nomination, dated April 28, 2008
Exhibit B: Planning and Zoning Commission Resolution No. 08-05
Exhibit C: Ordinance No. 08-04
Exhibit D: Town Council Resolution No. 08-27
Location Status:
Present Owner:
Original Owner:
Source of Information:
Town of Avon Historic Property Nomination Exhibit A
Name of Property: Nottingham Power Plant
Location of Property: Town of Avon parcel, North of Eagle River,
South of Canyon Run condominiums on Hurd Lane
Original location
Town of Avon
Emmett and Myrtle Nottingham
Nottingham Family
Eagle Valley Enterprise, 11 Dec 1980, p.17
Year of Construction: 1928
Source of Information: Eagle Valley Enterprise, 11 Dec 1980, p.17
Historic Use of Property: Built in 1928, generated electricity until 1942
Current Use of Property: Vacant/Not in use
Access to Property:
No public access currently without crossing through
Canyon Run property. Future public access may be
possible with extension of the river recreation path.
Designer/Builder: Emmett and Myrtle Nottingham
Requesting Historic Landmark designation based upon the following criteria:
a) has been in existence for over 50 years
b) is a point of interest reflecting the economic
and cultural development of the Town of Avon
c) is associated with important individuals who
contributed significantly to the cultural life of
the community
Historic Significance Statement:
The 1928 Nottingham Power Plant is one of the few surviving remnants
of the pioneer and agricultural history of Avon. As such, it is one of the most
important historic resources left in Avon. In recognition of this facility's design
and construction, and its role as the source of electrical power for both the
Nottingham family ranch and the adjacent Avon depot of the Denver Et Rio
Grande Railroad, this nomination seeks the Historic Landmark designation for
the Nottingham Power Plant.
Although the facility is in ruins today, the waterwheel (its most defining
feature) remains standing and two of its walls and the floor are deteriorated
but remain in place. The structure is unoccupied and surrounded by numerous
artifacts related to its original construction, layout, and operation. An
archaeological assessment, completed in 2006, is on file with the Town of Avon
Community Development department.
The Nottingham Power Plant was utilized from 1928 until 1942, when
rural electrification came to Avon.
History of the Property:
Emmett and Myrtle Nottingham were married in 1923 and settled in Avon
on 35 acres of land owned by Emmett. In the summer of 1927 the town of
Eagle received electricity from the Eagle River Electric Company. Avon was a
much smaller ranching community and would not receive electricity until 1942.
In 1928, 35 -year -old Emmett and 30 -year -old Myrtle decided they were tired of
waiting for electricity and the conveniences it provided so they took matters
into their own hands. With no formal training in engineering, they designed
and built a privately -owned hydropower plant, which generated enough
electricity for their ranch and the nearby depot. The Nottinghams utilized the
power of the current of the Eagle River and creatively engineered the plant on
the north bank of the river. The power plant was originally designed for AC
power but with the fluctuating water flows it was converted to DC power
generation in order to provide more consistent electricity. The Avon Depot paid
$5 per month for electric power.
Other Historic Designation:
30 November 2006 - Nottingham Power Plant site was listed in the
Colorado State Register of Historic Properties in recognition of the property's
contribution to the heritage of the State of Colorado.
Nomination Submitted by:
Kim Nottingham on behalf of the Avon Historic Preservation Committee
PO Box 888, Eagle, CO 81658 Phone: 328.4970
09 June 2008
PHOTOGRAPHS
Brace between Spokes of Paddle Wheel
10.18.07
View of Paddle Wheel and Gears
10.18.07
10.17.07
North wall (mostly collapsed)
Sluice box below the Paddle Wheel
10.17.97
One of the wooden paddles, Eagle River beyond
10.17.07
10.19.07
Name Plate on Original Generator
Exhibit B
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 08-05
A RESOLUTION RECOMMENDING APPROVAL OF THE
NOTTINGHAM POWER PLANT AS A HISTORIC AND CULTURAL
LANDMARK, PURSUANT TO THE PROVISIONS OF CHAPTER 17.50
OF THE AVON MUNICIPAL CODE, TOWN OF AVON, COUNTY OF
EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN
REGARD THERETO
HEARTofthe VALLEY
N
COLORADO
WHEREAS, the Historic Preservation Advisory Committee was established in 2005 for
the purpose of promoting historical preservation for the Town of Avon, to promote public
health, safety and welfare through the protection and preservation of the Town's historic
and cultural heritage; and,
WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of
Historic Properties in 2006 thereby giving formal recognition of the property's
contribution to the heritage of the State of Colorado; and,
WHEREAS, the Town Council approved Ordinance 08-04, adding a new Chapter to the
Avon Municipal Code, 17.50, titled Historic and/or Cultural Preservation Designated,
setting forth a process to nominate Historic and/or Cultural Landmarks within the Town
of Avon; and
WHEREAS, the 2006 Town of Avon Comprehensive Plan contains the following policies
related to the Historic and/or Cultural Preservation Ordinance:
Policy D.3.6: "Maintain existing elements that contribute or reflect the
heritage of the community and include forms and materials that reflect
this heritage in new designs."
Policy E.3.2: "Strengthen the tourism potential within Avon by working
collaboratively with organizations through the community to capitalize
upon Avon's unique recreational and cultural assets and heritage."
WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to the
Planning and Zoning Commission for the Nottingham Power Plant (the Plant) to be listed
as a Historic and Cultural Landmark, citing the following findings:
1. The Plant has been in existence for over 50 years,
2. The Plant is a point of interest reflecting the economic and
cultural development of the Town of Avon, and
3. The Plant is associated with important individuals who
contributed significantly to the cultural life of the community;
and
WHEREAS, the Planning and Zoning Commission held a public hearing at their June 17,
2008 meeting, as required by the Avon Municipal Code, to consider the Nottingham
Power Plant as a Historic and Cultural Landmark; and
WHEREAS, the Planning and Zoning Commission finds the Nottingham Power Plant
eligible for Landmark Designation, meeting the eligibility requirements outlined in Section
17.50.20 of the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of
the Town of Avon hereby recommends approval to the Avon Town Council of the
Nottingham Power Plant for listing as a town Historic and Cultural Landmark.
ADOPTED THIS 17th DAY OF JUNE, 2008
Signed:
Date:
Chair
Attest:
Date:
Secretary
EXHIBIT C
TOWN OF AVON
ORDINANCE NO. 08-04
Series of 2008
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE
TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING
DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN
REGARD THERETO
NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, EAGLE COUNTY, COLORADO:
Section 1. Amendment. Section 17.08, "Definitions" of Title 17, Avon Municipal
Code, is amended by the addition of the following definitions:
Historic Preservation Committee means a five -person advisory committee appointed
by the Town Council to make recommendations and findings regarding historic sites,
structures or features in the Town of Avon.
Historic and/or Cultural Landmark means a site and/or structure designated as an
historic landmark by the Historic Preservation Committee within the Town of Avon.
Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition
of a Chapter 17.50 as follows:
CHAPTER 17.50
Historic and/or Cultural Preservation Designated
17.50.010. Intent and Purpose.
The purpose and intent of this Chapter is the promotion of the health, safety and
welfare of the residents of the Town of Avon through the regulation of historic and/or
cultural sites and structures in order to:
(a) Foster civic pride in the beauty and accomplishments of the past; and,
(b) Protect and enhance the Town's attraction to tourists and visitors and
increase the quality of life of the residents; and,
(c) Promote the use of historical or architectural sites, structures and objects
for the education and welfare of the residents of the town; and,
(d) Promote and encourage private ownership, stewardship and utilization of
such sites, structures and objects; and,
(e) Integrate historic preservation with the Town of Avon Comprehensive
Plan; and,
(f) Maintain the Town's unique character by recognizing the importance of
preservation and renewing the Town's legacy for present and future
generations; and,
(g) Discourage the unnecessary demolition of historic and/or cultural
resources; and,
(h) Provide incentives for the continued use of historic and/or cultural
resources and facilitate their appropriate stewardship and reuse; and,
(i) Encourage the conservation of historic settings and landscapes; and
(j) Promote retention of historical integrity in the context of proposed land
use.
17.50.020. Landmark Designation.
A site or structure may be eligible for Historic and/or Cultural Landmark designation
if it has been in existence for at least 50 years or meets any of the following criteria:
(a) Historic significance:
(i) Has character or is a point of interest that reflects the heritage
and political, economic and/or social history or cultural development
of the Town, the state or the nation; and,
(ii) Is associated with historical persons or groups or represents
important events in national, state or local history; and,
(iii) Is associated with an important individual or group who
contributed in significant ways to the political, social and/or cultural
life of the community; and,
(iv) Has prehistoric interest or information.
(b) Architectural significance:
(i) Characterizes a style associated with a particular era; and,
(ii) Has a strong or unique relationship to other areas potentially
eligible for preservation; and,
(iii) Is architecturally unique or innovative; and,
(iv) Has visual symbolic meaning or appeal for the community or,
due to its unique location or singular characteristics, represents
established and familiar visual features of the neighborhood or
community.
2
17.50.030. Procedure for Landmark Designation.
The Historic Preservation Committee shall recommend Historic and/or Cultural
Landmarks to the Planning and Zoning Commission. A public hearing is required
with the Planning and Zoning Commission, who will then recommend to Town
Council sites or structures for Historic and/or Cultural Landmark designation. The
recommendation shall identify the criteria forming the basis of the recommendation,
and shall include all pertinent information related to the site or building supporting
the designation.
The Town Council will approve or disapprove Historic and/or Cultural Landmark
designation after public hearing, at which the owner of thesite or structure and
interested persons shall have an opportunity to be heard. A majority decision of the
Town Council is required for nomination.
17.50.040. Incentives.
The benefits of Historic Landmark designation may include the following:
(a) Waiver of building permit fees; and,
(b) Local property tax credits; and,
(c) Preservation, maintenance or relocation assistance, and other
incentives as deemed necessary by the Town Council; and,
(d) Other appropriate incentives, also as determined by the Town Council.
17.50.050. Review of plans for sites and structures having designation.
Any application for any permit which includes the exterior alteration, relocation or
removal of a site or structure designated as a Historic and/or Cultural Landmark must
be reviewed by the Planning and Zoning Commission for recommendation of
approval or disapproval to the Town Council on the basis of the following criteria.
The Town Council shall approve or disapprove the application after public hearing at
which the landowner and interested persons have an opportunity to be heard.
(a) Criteria for alteration of a site or structure:
(i) Whether the architectural or historical character will itself be
materially altered so as to negatively impact the Historical Landmark;
and,
(ii) Whether the architectural style and arrangement and the texture
of the exterior surface materials of the existing structure and the
3
proposed alteration appropriately relate to each other and to other
structures in the vicinity; and,
(iii) Whether the alteration will negatively change or destroy the
exterior architectural features and details of the structure; and,
(iv) The effect of the proposed alteration on the protection,
enhancement, perpetuation and use of the Historic Landmark.
(b) Criteria for relocation of a structure:
(i) Significance of the original site; and,
(ii) Whether the structure can be rehabilitated or used on its
original site consistent with the reasonable and beneficial use of the
property; and,
(iii) Whether the proposed site is compatible with or detracts from
the importance of the Historic Landmark; and,
(iv) Whether the structure can be moved without causing
significant damage to its physical integrity; and,
(v) Whether the relocation of the structure is necessary to prevent
undue hardship on the property owner.
(c) Criteria for removal of a structure:
(i) Whether the structure presents an imminent hazard that cannot
otherwise be properly mitigated; and,
(ii) Whether the structure can reasonably be rehabilitated and
maintained in its present location and the significance of the original
site; and,
(iii) Whether relocation of the structure is reasonably possible or
practical; and,
(iv) Whether the structure can be rehabilitated or used on its
original site consistent with the reasonable and beneficial use of the
property; and,
(v) Whether the removal of the structure is necessary to prevent
undue hardship on the property owner.
17.50.060. Standards governing approval of development plans for sites and
structures having designation.
4
Any approved development plan including the alteration, relocation or removal of a
Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the Town
Council:
(a) The most current version of the Secretary of the Interior's Standards
for rehabilitation of Historic Structures, as amended, shall be used as a
guideline in carrying out any plans involving the alteration of Historic
Landmarks; and,
(b) The Historic and/or Cultural Landmark shall be continue to be used in
a manner consistent with its original purpose or a compatible purpose, so long
as such use does not violate any of the provisions of this Code; and,
(c) The historic character of the Historic and/or Cultural Landmark shall
be maintained by avoiding the removal or alteration of features important to
such character; and,
(d) The use of original materials is encouraged. Distinctive and unique
features, finishes, materials and examples of craftsmanship should be retained
and preserved. Repairs and replacement of such features should match the
original in color, shape, texture and design. Replacements should be fully
documented with pictorial or physical evidence and a copy of such evidence
filed with the Town; and,
(e) Where possible, additions and expansions shall be differentiated from
the existing structure so as to protect the Historic Landmark's historic
integrity. Additions and expansions shall also be undertaken in such a manner
that their removal in the future would not destroy the form or integrity of the
original structure.
17.50.070. Removal of Historic Landmark designation.
The Town Council, after public hearing at which the owner of the Historic and/or
Cultural Landmark and interested persons shall have an opportunity to be heard, may
remove Historic and/or Cultural Landmark designation from a site or structure, based
upon one or more of the following findings:
(a) The Historic and/or Cultural Landmark designation creates undue
hardship for the owner; and,
(b) The structure is an imminent hazard to the health and safety of the
public despite the owner's efforts to properly maintain it; and,
(c) The structure is structurally unsound despite the owner's efforts to
properly maintain it.
5
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11th day of March, 2008, and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council on the 25th day of
March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400
Benchmark Road, Avon, Colorado.
atty cKe a own Clerk
Ronald C. Wolfe, Mayor
INTRODUCED, FINALLY APPROVED, AND PASSED ON
SECOND READING, AND ORDERED POSTED the ZS day of
aJEC� , 2008.
APPROVED AS TO FORM:
6
onald C. Wolfe, Mayor
Exhibit D
TOWN OF AVON
RESOLUTION NO. 08-27
SERIES OF 2008
A RESOLUTION FORMALLY DESIGNATING THE
NOTTINGHAM POWERPLANT AS A HISTORIC AND
CULTURAL LANDMARK, PURSUANT TO THE PROVISIONS OF
CHAPTER 17.50 OF THE AVON MUNICIPAL CODE, TOWN OF
AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND
SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Historic Preservation Advisory Committee was established in 2005
for the purpose of promoting historical preservation for the Town of Avon, to promote
public health, safety and welfare through the protection and preservation of the Town's
historic and cultural heritage; and,
WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of
Historic Properties in 2006 thereby giving formal recognition of the property's
contribution to the heritage of the State of Colorado; and,
WHEREAS, the Town Council approved Ordinance 08-04, adding a new Chapter to
the Avon Municipal Code, 17.50, titled Historic and/or Cultural Preservation
Designated, setting forth a process to nominate Historic and/or Cultural Landmarks
within the Town of Avon; and
WHEREAS, the 2006 Town of Avon Comprehensive Plan contains the following
policies related to the Historic and/or Cultural Preservation Ordinance:
Policy D.3.6: "Maintain existing elements that contribute or reflect the
heritage of the community and include forms and materials that reflect
this heritage in new designs."
Policy E.3.2: "Strengthen the tourism potential within Avon by
working collaboratively with organizations through the community to
capitalize upon Avon's unique recreational and cultural assets and
heritage."
WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to
the Planning and Zoning Commission for the Nottingham Power Plant (the Plant) to be
listed as a Historic and Cultural Landmark, citing the following findings:
1. The Plant has been in existence for over 50 years,
2. The Plant is a point of interest reflecting the economic and
cultural development of the Town of Avon, and
3. The Plant is associated with important individuals who
contributed significantly to the cultural life of the community;
and
WHEREAS, the Planning and Zoning Commission held a public hearing at their June
17, 2008 meeting, as required by the Avon Municipal Code, to consider the Nottingham
Power Plant as a Historic and Cultural Landmark; and
WHEREAS, the Planning and Zoning Commission found the Nottingham Power Plant
eligible for Landmark Designation, meeting the eligibility requirements outlined in
Section 17.50.20 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission unanimously approved Resolution
No. 08-05, recommending approval of this Landmark designation;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Avon hereby approves Resolution No. 08-27 and thus designates the Nottingham Power
Plant for listing as a Town of Avon Historic and Cultural Landmark.
ADOPTED THIS DAY OF JULY, 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
F:I CouncillResolutions120081Res 08-27 Nottingham Powerplant Designation.doc
MEMO
To: Mayor and Council Members
Thru: Larry Brooks, Town Manager
John Dunn, Town Attorney
From: Patty McKenny, Town Clerk ittr—
Date June 25, 2008
Re: Election 2008 — Miscellaneous Information
Summary:
Please find attached the following information:
✓ Resolution No. 08-23, Resolution authorizing the Town of Avon to participate in the
Coordinated Election of November 4, 2008
✓ Important Dates for the 2008 Election Year
✓ Press Release for Town of Avon's Municipal Election to be submitted to the newspapers
late July. Information will also be posted to Avon's website at www.avon.org
✓ Eagle County Election Information can be found at the following website:
http://www.eaplecountv.us/Clerk/elections
Background:
The Town of Avon has participated in this type of coordinated election for its municipal election
in the past. This resolution is added to the agenda in light of the candidate election to take
place this November.
Discussion:
This formal action must be taken to participate in the coordinated election and forwarded to the
Eagle County Clerk & Recorder no later than 100 days prior to the election, which is Friday, July
25, 2008. There are three seats open with this November election; Councilors Underwood,
Phillips and Ferarro.
The other attachments are informational for your review.
Please note the Avon Municipal Building will be used for the Primary Election on August 12,
2008. It was decided the Avon Town Council Meeting scheduled that day will either be
cancelled or moved to another location or date.
Financial Implications:
There are financial implications in administrating the election that have been budgeted in the
2008 budget ($5,000).
Town Manager Comments:
1
TOWN OF AVON, COLORADO
RESOLUTION NO. 08-23
SERIES OF 2008
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PARTICIPATE IN
THE COORDINATED ELECTION OF NOVEMBER 4, 2008
WHEREAS, § 1-7-116(5), C.R.S. provides that "If, by one hundred days before the
election, a political subdivision has taken formal action to participate in a general election or
other election that will be coordinated by the county clerk and recorder, the political
subdivision shall notify the county clerk and recorder."
WHEREAS, the Town of Avon wishes to take this formal action to participate in the
coordinated election of November 4, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon hereby takes this faunal action to participate in the
coordinated election of November 4, 2008.
ADOPTED this day of , 2008.
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
1
Town of Avon, Colorado
General Coordinated Election Calendar
November 4, 2008
Important Dates to Remember
Petitions may be circulated and signed up to 91 days before the
election and no later than 71 days before the election.
Tuesday
August 5, 2008
Nomination Petitions for municipal office may be circulated and
signed.
Monday
August 25, 2008
Last day to file nomination petitions for municipal office.
Tuesday
August 26, 2008
Last day to file IGA with Eagle County Clerk to particpate in
coordinated election
Monday
September 1, 2008
Last day for write-in candidates to file an affidavit of intent with the
municipal clerk.
Proposed
September 3, 2008
Candidate Drawing which will determine the placement of names on
the official ballot - This date will be finalized late August &
candidates will be contacted.
Monday
October 6, 2008
Last day to register to vote for the General Election.
Friday
September 5, 2008
Last day to certfiy the ballot content to Eagle County Clerk
Tuesday
October 14, 2008
Financial Disclosure Statements (FCPA) due for municipal
candidates.
Friday
October 31, 2008
Financial Disclosure Statements due for municipal candidates.
Last day for early voting
Tuesday
November 4, 2008
Election Day
Thursday
December 4, 2008
Financial Disclosure Statements (FCPA) due for municipal
candidates.
PRESS RELEASE
For Immediate Release
Contact: Town of Avon
Patty McKenny
748-4035
TOWN OF AVON
General Coordinated / Municipal Election on November 4, 2008
Nomination petitions for three openings on the Avon Town Council will be available at
the Town Clerk's Office, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado
beginning Tuesday, August 5, 2008. The deadline for filing the petitions with the Avon
Town Clerk is Monday, August 25, 2008. The election will be coordinated with the Eagle
County Clerk & Recorder's Office and is held on November 4, 2008. The last day to
register to vote in this election is October 6, 2008.
To be eligible for election, candidates must be 18 years of age on the date of the
election, a citizen of the United States, a qualified elector, and have resided within the
Town of Avon for a minimum of one (1) year immediately preceding said election.
Please contact Town Clerk Patty McKenny at 748-4035 or log on to www\avon.org\vote
for further information.
TOWN OF AVON, COLORADO •
WORK SESSION MEETING FOR TUESDAY, JULY 8, 2008
MEETING BEGINS AT 3:15 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
HEART of the VAL'I
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
3:15 PM 1.
3:15 PM -3:30 PM
3:30 PM - 4:00 PM
INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
2. COUNCIL COMMITTEE AND STAFF UPDATES
a. Update on USFS ( Ron Wolfe, Mayor)
3. REVIEW TOWN ATTORNEY PROPOSALS
4:00 PM - 5:00 PM 4.
5:00 PM
COMMUNITY SURVEY RESULTS (Linda Venturoni) Review of community survey for
The Town of Avon
5. ADJOURNMENT
Avon Council Meeting.08.07.08
Page 1 of 4
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Becky Lawlor, Community Relations Officer
Date: June 25, 2008
Re: Community Survey Results
Summary: This memorandum is to present the results of the Community Survey for the Town of
Avon. An Executive Summary of the results is included as Exhibit A.
Background: In 2007, Council and staff discussed the usefulness of a Community Survey to gauge
residents and voters interest in a variety of topics as well as a method to assess current town
services and what services residents and voters would like in the future. Venturoni Surveys &
Research was awarded a contract to conduct the survey for Avon.
Discussion: Linda Venturoni will be presenting a comprehensive overview and analysis of the
survey results. The results will be useful in creating a benchmark for future evaluations and in
helping the Council and staff prioritize where taxpayer funds should be spent. The complete results
of the survey will be available on the Town's website.
Attachments: Exhibit A: Executive Summary of the Town of Avon Community Survey.
Town Manager Comments:
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
Purpose and Methodology
Purpose
The Town of Avon requested a survey be conducted to gather input from town residents and
second homeowners.
The key issues identified for community input included the following:
Most important issues facing the town
• Shopping Patterns
Communications
u-• Growth Strategies
t Recreation
Town services
ii Town Improvements
Values
• Town Assessment
• Demographics
Methodology
In 2008, the Town of Avon contracted with Venturoni Surveys & Research, Inc. (VSR) to perform
the survey analysis.
Two groups were identified that would be key for obtaining input:
1. Local Town of Avon residents
2. Town of Avon second homeowners
The Town of Avon voter registration list was used to sample local residents. The second
homeowners were obtained using the County Assessor list. Town of Avon homeowners were part
of the sample and a question in the survey was used to have survey respondents designate
themselves as local or second homeowner. Survey results from the County Assessor list sample
were then cross -tabbed to present separate results for the two groups.
A mail/intemet survey was designed for use by the two sample frames (Voter and Assessor).
Random sampling techniques were employed to select the samples. Letters were sent to
potential respondents directing them to go to the internet to fill out the survey. All respondents
were assigned identification numbers (IDN) to assure that no duplicate responses were counted.
After two weeks, if the potential respondent had not filled out the internet survey, they were sent a
reminder letter, paper copy of the survey and postage paid return envelope.
Venturoni Surveys & Research, Inc. 9
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
The chart below details the size of the original sample frames, the number of surveys that were
mailed, the number of surveys delivered (surveys not delivered were returned by the post office
as "undeliverable"), the number of surveys completed and the number of surveys returned, %
response, and resulting margin of error for each sample frame.
2008 Town of Avon Community Survey
Samples:
County Assessor
2,294
1,044
1,006
234
23%
6.09%
Voter Registration
2,632
1,171
962
145
15%
7.94%
Sample Frame Mailed Delivered Returned
'Standard Error
Total
*95% Confidence Level
2,215 1,968 379
19%
The internet/mail surveys were conducted in May and June 2008.
Highlights of Survey Results
6. How long have you lived and/or owned property in Avon?
The Town of Avon was
incorporated in 1978. The
population in 1980 was 640. The Less than one year
1990 census recorded 1,798 1-2 years
residents and the 2000 census
was 5,561. The 2006 estimate is 3-5 years
6,774 residents. 6-10 years
Survey respondents reflected this 11-20 years
more recent population growth, 21+ years
with about 40% of survey
respondents indicating they have
lived in Avon less than 6 years.
The 6-10 year category represents 27% of respondents, the 11-20 category is 29% and the 21+
years is only 4%.
Voters/Locals
10 20
30
40
50
Length of residency can be a key indicator of how a community is changing. New residents may
have different values and expectations than those displayed by the longer term residents. These
differences can be very important for planning purposes.
Please note that a full tabulation of all of the survey questions cross -tabbed by length of
residency is available in the survey results notebooks and the web -based application. There is
also an interactive slide that allows viewers to select specific questions and view the responses in
a graphic representation.
Venturoni Surveys & Research, Inc.
2
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
8. What are the most important issues that will be facing the
Town of Avon in the next five years?
2008 Town of Avon Community Survey
Most Important Issues
Assessor List
Full-time Homeowner
Second Homeowner
Voter List
n=89
n=128
n=145
Development of East and West Town Center Core
53.4%
-
% ° '
Affordable housing
o Y, :
t )'irl
Open space acquisition or preservation
fit
..
�9A
Preservation of small town character
27.3%
-.fIA�
n
Schools
27.3%
8.6%
27.6%
Crime prevention
28.4%
21.1%
27.6%
Public transportation
29.6%
28.9%
26.2%
Recreation
25.0%
12.5%
20.7%
Town/ski area relations
23.9%
:33.2.1% , ;
17.9%
Renewable energy initiatives
19.3%
15.6%
16.6%
Other:
11.4%
13.3%
11.7%
Child care/early childhood education programs
10.2%
2.3%
6.2%
Preservation/enhancement of historic or cultural sites and
structures
5.7%
10.2%
3.5%
Numbers reflect frequency responses
In the table above, the Assessor List respondents are separated into Full-time Homeowners and
Second Homeowners. The Voter List responses are displayed in the column on the right.
In this question, respondents were asked to check their top three choices. The numbers reflect
how frequently each issue was checked.
"Development of East and West Town Center Core", "Affordable housing", and "Open space
acquisition or preservation" received the highest levels of agreement from all three respondent
groups.
"Preservation of small town character" was noted more strongly by the Second Homeowners and
Voters. The "Town/ski area relations" issue was indicated more frequently by the Second
Homeowners.
Certain issues tend to be of greater concern for locals, i.e. "Schools" and "Child care/early
childhood education programs".
Respondents could write-in their own issues in the "Other" category. These responses can be
found in the write-in comments sections of the notebooks and on the web -based application.
Venturoni Surveys & Research, Inc. 3
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
70. Imagine you are in charge of allocating resources for Town
projects and services. With $100 to budget, how would you
divide the money, over and above the current level of services,
among the following:
2008 Town of Avon Community Survey
$100
Assessor List
Full-time Homeowner
Second Homeowner
Voter List
n=89
n=128
n=145
Stimulate local economy
17.01
15.31
15.64
Local affordable housing opportunities
_ .
16.10
21.67
Enhance and expand parks and trails
19.14
,. ,
16.47
Acquire open space areas
14.91
19.84
13.77
Police protection
14.84
17.27
Recreation Center expansion
15.87
11.77
14.26
TOTAL
$99.65
$98.96
$99.85
1st choice
2nd Choice
3rd Choke
This question displayed some similar trends to those identified in "The Most Important Issues"
question. The economy, affordable and open space were popular choices.
71. Please indicate your preferred growth strategy for the
Town, from the choices below:
2008 Town of Avon Community Survey
Growth Strategy
Assessor List
Full-time Homeowner
Second Homeowner
Voter List
n=89
n=128
n=145
About the same rate of growth as at the present
Less growth than at present
More growth but some controls
Other:
34.5%
38.6%
35.5%
8.3%
4.7%
8.5%
Zero growth
No growth controls
4.8%
6.3%
4.3%
Numbers reflect frequency responses
2.4%
1.6%
3.6%
Survey respondents from all three groups seem comfortable with "About the same rate of growth
as at the present". The less growth and more growth camps are about equal in strength. The "No
growth control" and "Zero growth" camps are both extremely small.
Venturoni Surveys & Research, Inc. 4
2008 Town of Avon Community Survey: '
Executive Summary Report, July 2008
72. Listed below are some suggestions for Town improvements.
Recognizing that the Town budget and staff resources are
limited, please rate to what extent you support or oppose the
Town spending resources to fund the following:
2008 Town of Avon Community Survey
Town Improvements
Assessor List
Full-time Homeowner
Second Homeowner
Voter List
n=89
n=128
n=145
Pedestrian Improvements
Add Bike Trails
70.6%
4
Core Business Improvements
Renewable Energy Initiatives
Support Economic Development
Maintain Town Facilities
Affordable Housing
Recreation Center Expansion
Increase Public Transportation
Add More Special Events
Improve Traffic Flow
Provide More Public Parking
34.8%
48.9%
38.6%
48.7%
49.2%
40.0%
46.8%
Y4i
46.8%
48.2%
39.8%
43.8%
49.4%
48.3%
41.2%
47.1%
38.1%
Numbers reflect the percent of respondents who rated
the priority a 4 or 5 on a 5 point scale.
(Oppose to Support)
The strongest consensus support for town improvements was measured for "Pedestrian
Improvements", "Add Bike Trails" and "Core Business Improvements".
"Renewable Energy Initiatives" and "Support Economic Development" showed good support from
Full-time Homeowners and Voters. "Affordable Housing" displayed more support from Full-time
Homeowners and Voters than Second Homeowners. This pattern has been noted consistently
throughout the survey.
Second Homeowners were more supportive of "Increase Public Transportation" and "Provide
More Public Parking" than their local counterparts.
Venturoni Surveys & Research, Inc. 5
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
85. Public Works/Transportation: Please rate to what extent
you support or oppose the following specific projects.
2008 Town of Avon Community Survey
Public Works Improvements
Assessor List
Full-time Homeowner
Second Homeowner
Voter List
n=89
n=128
n=145
Should the Town construct an elevated pedestrian bridge
over Avon Road?
32.5%
39.7%
40.0%
Should Avon continue to buy hybrid buses even though they
cost more?
74.4%
70.6%
70.7%
The Town of Avon does not have a dedicated revenue source
to sustain operation of mass transit or expand the transit,
pedestrian, and bike trail systems. Continued operation of the
fare -free bus system on the current routes is projected to
cost the Town's General Fund nearly $1.8M per year.
Approximately 2/3rds of the Town's sales tax is generated by
non-residents. Would you support increasing the sales tax
rate by 1% to fund mass transit and creation of new trails as a
sustainable means to connect our community?
43.5%
47.1%
Numbers reflect the percent of respondents who rated
the priority a 4 or 5 on a 5 point scale.
(Oppose to Support)
There is very good consensus support for the hybrid buses.
Second Homeowners (63%) are more supportive of increasing the sales tax rate for funding mass
transit and creation of new trails than the locals, Homeowners (44%) and Voters (47%).
Support for the Town constructing an elevated pedestrian bridge over Avon Road is consistently
low for all three groups.
Venturoni Surveys & Research, Inc. 6
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
Second Homeowners:
120. What is the current use of your Avon property?
Long term rental
Short term rental
Owner use only
Owner, friends and family use
Corporate use
No use
Other:
0
10
20
30
40
50
60
Second homeowners account for about one-half of the housing units in Avon. According to survey
respondents, currently, 24% are being used as "Long term rentals", 27% in "Short term rentals",
28% "Owner use only", and 45% "Owner, friends and family use".
123. Which of the following statements most accurately reflects
your intended future use of your Avon residence?
Increase my personal use of the residence
Increase use by friends and family
Maintain current use
Decrease current use
Sell the residence
Use the residence as a full time rental unit
Use the residence as a part time rental unit
Retire to Avon and use as retirement residence
Renovate the residence
Become a full time resident of Avon
Other:
Venturoni Surveys & Research, Inc.
0 20 40 60 80
7
2008 Town of Avon Community Survey:
Executive Summary Report, July 2008
According to survey respondents, they are anticipating changes in the use of their Avon second
homes in the future. Full-time rentals will decrease from the current 24% to 11%. Short term
rentals will also follow this pattern, decreasing from the current 28% to 14%. 54% intend to
"Increase my personal use of the residence".
Another important trend to note is that 22% of second homeowners intend to "Retire to Avon and
use as retirement residence".
This Executive Summary is provided to give an overview of some of the survey findings.
Please go to the town web page (www.avon.orq) to obtain more findings from the Town of
Avon Community Survey including the following:
Detailed survey results for each of the 124 survey questions by sample frame
PowerPoint presentation of the survey results
Color -coded spreadsheets
Cross -tab results by:
o Length of Residency
Over 60 pages of write-in comments
A Specific second homeowner questions
o Why they bought their property in Avon
o Current use of property
o Future use of property
Interactive slides
Venturoni Surveys & Research, Inc. 8
TO: AVON TOWN COUNCIL
TOWN MANAGER
FROM: RON WOLFE,
MAYOR
SUBJECT: USFS LAND EXCHANGE NEXT STEPS
DATE: 29 JUNE 2008
Since the last update on this subject Larry and I (1) met with the
USFS and the Eagle Valley Land Trust and then (2) with the Land Trust
separately. At the first meeting we conveyed a copy of our plan and the
appraisal to the USFS. We received some feedback on process steps and the
identity of several parcels of interest to the USFS as the exchange land. In
the second meeting with the Land Trust we hypothecated a project wherein
the exchange parcels would be acquired and then conveyed to the USFS in
exchange for the two Avon parcels being conveyed to us.
The identity of the exchange land, owner and details are confidential at this
time.
Resolution 07-29, August 14, 2007, stated the town's intent to
carry out the land exchange and authorized the Mayor and Town manager to
spend up to $25K on appraisals and other up -front costs. To date $21K has
been spent. We now have to move ahead with appraisals of the exchange
parcels and perhaps engage some facilitator for aspects of the exchange. As
Mayor I request that the Council approve the expenditure of up to an
additional $25K to move this exchange ahead to a final proposal and that
staff be directed to prepare a Resolution for formal approval at the next
meeting that affirms our direction and the expenditure.
Retention Arran
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