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TC Council Packet 02-23-2010TOWN OF AVON, COLORADO O AVON REGULAR MEETING FOR TUESDAY, FEBRUARY 23, 2010 a , MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL 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 TOWN HALL 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. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT 5. CONSENT AGENDA a. Minutes from February 9, 2010 6. ORDINANCES a. Public Hearing on Ordinance No. 10 -02, Series of 2010, Second Reading Ordinance Adopting 2009 International Building Codes (William Gray, Chief Building Official) Adoption of the most recent Building Codes 7. UNFINISHED BUSINESS a. Gandorf PUD; Form of Deed Restriction (Eric Heil, Town Attorney) Review proposed deed restriction prepared for the Gandorf PUD which refines the terminology as well as defines the default, enforcement and option to purchase remedies in the event of default or foreclosure 8. RESOLUTION a. Resolution No. 10 -04, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 12, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado (Shane Pegram, Engineer II) Applicant submitted a final plat to resubdivide the existing Lot 12 Block 3 into 2 district lots, Lots 12N & Lots 12S b. Resolution No. 10 -05, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 13, a Resubdivision of Lots 12 and 13, block 3, Wildridge, Town of Avon, Eagle County, Colorado (Shane Pegram, Engineer II) Applicant submitted a final plat to resubdivide the existing Lot 13 Block 3 into 2 district lots, Lots 13N & Lots 13S c. Resolution No. 10 -06, Series of 2010, Resolution Approving a Lease Form for the Recreation Center (Meryl Jacobs, Recreation Director) Review proposed lease form to use for leasing Avon Recreation Center space for physical therapy services d. Resolution No. 10 -07, Series of 2010, Resolution in appreciation of Brian Kozak's Years of Service as Avon's Police Chief (Ron Wolfe, Mayor) Avon Council Meeting. 10.02.23 Page 2 of 3 TOWN OF AVON,, COLORADAVON AVON REGULAR MEETING FOR TUESDAY, FEBRUARY 23, 2010 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 9. APPEAL BY TRAER CREEK PLAZA, LLC a. Appeal by Traer Creek Plaza, LLC concerning the Traer Creek Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code (Eric Heil, Town Attorney, Sally Vecchio, Assistant Town Manager Community Development) 10. TOWN MANAGER REPORT 11. TOWN ATTORNEY REPORT 12. MAYOR REPORT 13. ADJOURNMENT FUTURE AGENDA DATES & PROPOSED Topics: March 9, 2010: Weed Ordinance, Blacksmith Shop Resolution, Review 2010 Budget Amendments, Greenport Initiative Update, Ironkids Update March 23, 2010: Joint Meeting with Planning & Zoning Commission on Unified Land Code, Joint Meeting with Eagle County Board of Commissioners Avon Council Meeting. 10.02.23 Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 9, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Management Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, Assistant Town Manager Community Development Sally Vecchio and Public Works and Transportation Director Jenny Strehler as well as members of the public. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Town Attorney Eric Heil noted a conflict of interest for Councilor Ferraro for the Red House documents under Resolution & Ordinances; it was noted she would step down at that time. COMMUNITY INPUT a. Channel 5 Programming Updates, JK Perry, Executive Director, Channel 5, reviewed several programming changes with Channel 5 b. "Project Graduation" for Eagle Valley High School: Request for Funding (Gerry Sandburg), and while the Council supported the project, the economic situation would prevent the town from donating funds to this event. AVON POLICE AWARDS PRESENTATION Brian Kozak, Police Chief, made a presentation of awards to police officers for exceptional performance on November 7, 2009. Chief Kozak was then presented a plaque from the Avon Police Department for his leadership and direction of their department. Chief Kozak takes the police chief position in Cheyenne, WY the first of March. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to approve the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from January 26, 2010 b. Proposed Decree for Water Division No, 5 Case No 09CW28 (Justin Hildreth, Town Engineer) Review proposed stipulation consenting to the ruling on the court case included as Exhibit B APPEAL TO TOWN COUNCIL ON LICENSING APPLICATION Appeal by Amigo Towing to Review the Town Clerk's Decision to Deny a Vehicle Impoundment License to Provide Towing Services for the Avon Police Department Elizabeth Pierce Durance, Prosecuting Town Attorney, and Patty McKenny, Assistant Town Manager, presented the application submitted for consideration on the issuance of a towing license to Amigo Towing and the decision to deny the license. Mr. Rudy Nevarez requested the reason for his appeal to the Town Council and noted that his business has been operating in Avon for many years. Police Chief Brian Kozak then presented his recommendation for denial and the reason that supported his decision. After some further discussion, Councilor Phillips moved to uphold the Town Clerk's decision to deny the towing license for Amigo Towing; Councilor Ferraro seconded the motion and it passed unanimously. ORDINANCES Ordinance No. 10 -02, Series of 2010, First Reading, Ordinance Adopting the 2009 International Building Code by Reference and Repealing and Amending Title 15 of the Avon Municipal Code in its Entirety. It was noted that this ordinance was an Adoption of the most recent Building Codes. Mayor Pro Tern Sipes moved to approve Ordinance No. 10 -02, Series of 2010, First Reading, Ordinance Adopting the 2009 International Building Code by Reference and Repealing and Amending Title 15 of the Avon Municipal Code in its Entirety. Councilor Carroll seconded the motion and it passed unanimously. It was noted that a public hearing would be held at the February 23, 2010 meeting. Matt Gennett, Planning Manager, presented Ordinance No. 10 -03, Series of 2010, First Reading, Ordinance Amending Section 15.30.030 of the Avon Municipal Code to Extend the Deadline for Compliance with Ordinance No. 04 -19, Series of 2004, and Setting Forth Details in Regard Thereto. He reviewed the proposal to extend the deadline for compliance on the lighting standards as requested by the Council at the last meeting. He described the background discussion that resulted in the ordinance and outlined the town's schedule for compliance which was budgeted for the capital improvement project fund. He asked that Council consider delaying the action until staff can provide them an update on the compliance status from those in the town, both in the commercial and residential cores of the town. Mayor Pro Tern noted that the compliance period was discussed to be at ten and then settled on at five years and was made with development in the Village at Avon in mind. After much discussion, Councilor Carroll moved to approve Ordinance No. 10 -03, Series of 2010, First Reading, Ordinance Amending Section 15.30.030 of the Avon Municipal Code to Extend the Deadline for Compliance with Ordinance No. 04 -19, Series of 2004, and Setting Forth Details in Regard Thereto. Councilor Dantas seconded the motion and it failed with a four to three vote (Carroll, Dantas, Sipes — yea; Ferraro, Phillips, Reynolds, Wolfe — nay). After further discussion, Councilor Dantas moved to table the ordinance; Councilor Carroll seconded the motion and it failed with a five to one vote. TOWN ATTORNEY REPORT Eric Heil, Town Attorney, presented an update on the status of the Traer Creek Plaza Condominium Map, noting that the Town Clerk received an appeal to consider the application at the February 23, 2010 meeting, thus it will be scheduled at that time. It was noted that the Council would serve in a quasi-judicial manner in reviewing the application and that everything is conducted in a public forum. An executive session may be held so that Council may receive legal advice at that time. TOWN MANAGER REPORT Larry Brooks, Town Manager, presented information on the following topics: ✓ The execution of a letter on behalf of the Town and in conjunction with other Eagle Valley agencies to the Colorado Dept. of Public Health & Environment and the EPA addressing concerns of the stakeholders in the Eagle River Basin over the impacts caused by recent discharge incidents at the Eagle Mine Superfund site. Council agreed to supporting and executing the letter. ✓ Sally Vecchio, Assistant Town Manager Community Development, presented an update on the status of the Unified Land Code by outlining the schedule of the project and consideration by the ZAC, P &Z and Town Council. It is hoped that Council would review by early summer. A joint work session with P &Z Commission would be scheduled the first meeting in March. Regular Council Meeting Page 2 of 3 10.02.09.doc There being no further business to come before the Council, the regular meeting adjourned at 7 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 10.02.09.doc Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Ass't Town Manager /Comm. Dev. William Gray, Chief Building Official ' February 16, 2010 , Public Hearing - Ordinance No 10 -02, Series of 2010, Adopting the 2009 International Building Code Summary The Town Council is considering the second reading of an ordinance adopting the 2009 International Building Codes. Previous Council Action On February 9, 2010 Council accepted the first reading of Ordinance No 10 -02, Series of 2010 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety. Discussion The 2009 revisions to the International Building Codes have been published and staff is recommending adoption of the regulations with exception that in the 2009 International Residential Code (IRC), the requirement to install automatic sprinkler systems in single family and duplex homes be put off until January 1, 2012. The next revisions to the IRC will be published at this time and we expect this particular requirement to be modified or repealed. Proposed revisions to the 2009 International Fire Code (IFC) found in Chapter 15.32.010 have been changed since the first reading of the Ordinance based on comments received from the Eagle River Fire Protection District. The code provisions will remain the same with the exception that they are regulated under the 2009 IFC rather than the 2003 IFC. Recommendation Move to adopt Ordinance No 10 -02, Series of 2010 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety. Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 10 -02 SERIES OF 2010 AN ORDINANCE ADOPTING THE 2009 INTERNATIONAL BUILDING CODE BY REFERENCE AND REPEALING AND REENACTING TITLE 15 OF THE AVON MUNICIPAL CODE IN ITS ENTIRETY WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, and §31 -20 -105 and pursuant to the home rule powers of the Town of Avon ( "Town "), the Town Council has the power to adopt building code regulations, to provide penalties for violations of adopted building codes, to elect to collect delinquent charges and assessments by certifying such amounts to the Eagle County treasurer, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council finds that the adoption of the 2009 International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2009 International Building Codes by reference with certain amendments as described in this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. Avon Municipal Code Chapters 15.08, 15.09, 15.12, 15.20, 15.24, 15.32, 15.36, 15.40, 15.44, and 15.50 are hereby repealed in their entirety. Section 3. New Code Sections Enacted. Avon Municipal Code Chapters 15.02, 15.04, 15.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.18 are hereby enacted to read as follows: Chapter 15.02 Definitions Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 1 of 45 Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations 15.04.020 Penalties 15.04.030 Stop Work Orders 15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance Chapter 15.06 Board of Appeals 15.06.0 10 Appeals to Town Council 15.06.020 Limitations on Authority Chapter 15.08 International Building Code 15.08.010 Adoption 15.08.020 Additions or Modifications 15.08.030 Section 104 — Duties and Powers of the Building Official 15.08.035 Section 105 — Permits 15.08.036 Section 106 — Floor and Roof Design Loads 15.08.040 Section 107.2.5 — Site Plan 15.08.050 Section 109 — Fees 15.08.060 Section 110 —Inspections 15.08.070 Section 111 — Certificate of Occupancy 15.08.080 Section 113 — Board of Appeals 15.08.090 Section 115 — Stop Work Order 15.08. 100 Section 501.2 — Premises Identification 15.08.110 Section 1204 — Temperature Control 15.08.120 Section 1603.2 — Ground Snow Loads Boulder Walls 15.08.125 Section 1608.2 — Boulder Walls 15.08.130 Section 1704 — Special Inspections 15.08.140 Section 1809.5 — Frost Protection 15.08.150 Chapter 30 — Elevators and Conveying Systems 15.08.160 Appendix J — Grading 15.08.300 Violation 15.08.3 10 Penalty 15.08.320 Repeal 15.08.330 Validity Chapter 15.09 International Residential Code 15.09.010 Adoption 15.09.020 Additions or Modifications 15.09.030 Section R104 — Duties and Powers of the Building Official 15.09.040 Section R105 — Permits 15.09.050 Section R106.2 — Site Plan 15.09.060 Section R108 — Fees 15.09.070 Section R109 — Inspections 15.09.080 Section R110 — Certificate of Occupancy Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 2 of 45 15.09.090 Section R112 — Board of Appeals 15.09. 100 Section R114.1 — Stop Work Order 15.09.110 Table R301.2(1) — Climatic and Geographic Design Criteria 15.09.115 Section R313 — Automatic Fire - Sprinkler Systems 15.09.120 Section R319 — Site Address 15.09.140 Section R403.1.4 — Minimum Depth 15.09.300 Violation 15.09.3 10 Penalty 15.09.320 Repeal 15.09.330 Validity Chapter 15.12 National Electrical Code 15.12.010 Adoption 15.12.020 Administration — Fees 15.12.300 Violation 15.12.3 10 Penalty 15.12.320 Repeal 15.12.330 Validity Chapter 15.20 International Plumbing Code 15.20.010 Adoption 15.20.020 Additions or Modifications 15.20.030 Organization and Enforcement 15.20.040 Section 103.1.3 — Department of Plumbing Inspection 15.20.050 Section 106 — Fee Schedule 15.20.060 Section 306 — Trenching, Excavation and Backfill 15.20.065 Section 412.5 — Mechanical Rooms 15.20.070 Section 606.2 — Location of Shutoff Valves 15.20.080 Section 906 — Vent Termination 15.20.300 Violation 15.20.3 10 Penalty 15.20.320 Repeal 15.20.330 Validity Chapter 15.24 International Mechanical Code 15.24.010 Adoption 15.24.020 Additions or Modifications 15.24.030 Section 106.5.2 — Fee Schedule 15.24.040 Section 109 — Means of Appeal 15.24.043 Table 403.3 Minimum Ventilation Rates 15.24.046 Section 903.3 — Unvented Gas Log Heaters 15.24.050 Section 701 — Combustion Air, General 15.24.060 Section 902 — Masonry Fireplaces 15.24.300 Violation Ord 10 -02 Adopting 200918C 2 -9 -10 Page 3 of 45 15.24.3 10 Penalty 15.24.320 Repeal 15.24.330 Validity Chapter 15.26 International Fuel Gas Code 15.26.010 Adoption 15.26.020 Additions or Modifications 15.26.030 Organization and Enforcement 15.26.040 Section 103.1 — Department of Inspection 15.26.050 Permits 15.26.060 Section 304.1 — General 15.26.070 Section 404.5 — Protection Against Physical Damage 15.26.300 Violation 15.26.3 10 Penalty 15.26.320 Repeal 15.26.330 Validity Chapter 15.32 Fire Code 15.32.010 Adoption 15.32.020 Additions or Modifications 15.32.030 Section 104.6 — Official Records 15.32.040 Section 104.11 — Authority at Fires and Other Emergencies 15.32.050 Section 104.11.3 — Systems and Devices 15.32.060 Section 105. 1.1 — Permits Required 15.32.070 Section 105.6 — Required Operational Permits 15.32.080 Section 105.7 — Required Construction Permits 15.32.090 Section 108 — Board of Appeals 15.32. 100 Section 202 — General Definitions 15.32.110 Section 308.3.1 — Open -Flame Cooking Devices 15.32.120 Section 603.8.2 — Spark Arrestor 15.32.130 Section 905.1 — Standpipe Systems, General 15.32.140 Section 907 — Fire Alarm and Detection Systems 15.32.300 Violation 15.32.310 Penalty 15.32.320 Repeal 15.32.330 Validity Chapter 15.36 Factory -Built Housing and Manufactured Homes 15.36.010 Adoption 15.36.020 Additions or Modifications 15.36.030 Definitions 15.36.040 Park Site and General Requirements 15.36.050 General Requirements, Manufactured Housing 15.36.060 General Requirements, Factory -Built Units Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 4 of 45 Chapter 15.40 Solid -Fuel- Burning Devices 15.40.010 Adoption 15.40.020 Additions or Modifications 15.40.030 Purpose and Applicability 15.40.040 Definitions 15.40.050 Regulations Below Elevation of Seven Thousand Eight Hundred Twenty Feet 15.40.060 Gas Appliances 15.40.070 Coal Usage Prohibited Chapter 15.44 2009 International Property Maintenance Code 15.44.010 Adoption 15.44.020 Additions or Modifications 15.44.030 Section 205, Board of Appeal 15.44.300 Violation 15.44.3 10 Penalty 15.44.320 Repeal 15.44.330 Validity Chapter 15.48 2009 International Energy Conservation Code 15.48.010 Adoption 15.48.020 Additions or Modifications 15.48.030 Section 101.3 — Intent 15.48.040 Section 503.2.2.1 — Snowmelt Boilers Chapter 15.02 Definitions The definitions set forth in this Chapter 15.02 shall to all the Chapters in this Title 15 and shall apply to all codes adopted in this Title 15. In the event of any conflict, the definitions in this Chapter 15.02 shall apply first and take precedence, the definitions in the codes adopted by this Title 15 shall apply next, and the definition of any word, term or phrase set forth elsewhere in the Avon Municipal Code shall apply after the definition of codes adopted by this Title 15. Building Official shall mean the person designated as the Building Official by the Town Manager. Person shall mean any natural person, corporation, organization, association or association of any of the foregoing. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 5 of 45 Town Attorney shall mean the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title 15, or the Town Prosecutor. Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations (a) Unlawful Acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, or cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard, or regulation adopted by this Title 15, and any such unlawful act shall be deemed to be a violation of this Title 15. (b) Notice of Violation. The Building Official shall serve a Notice of Violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title 15, or any change in occupancy of any building or equipment regulated by any coded adopted in this Title 15, or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title 15. The Notice of Violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the Eagle County Assessor's Office or by posting the Notice of Violation in a conspicuous place on the property. The Notice of Violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of Violation. If compliance with the Notice of Violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy, and to seek such fines, penalties, fees and restitution as may be appropriate. 15.04.020 Penalties Any person who violates any provision of this code or any code adopted in this Title 15 shall be guilty of a misdemeanor offense and shall be punishable as set forth in Chapter 1.09 Civil Offense. In addition to other means provide by law, the Town may recover all costs and penalties imposed by certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area authorized in accordance with Colorado Revised Statute section 31 -20 -105. 15.04.030 Stop Work Orders Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 6 of 45 (a) Authority. The Building Official is authorized to issue a stop work order when the Building Official finds any worked regulated by this Title 15, or any code adopted by this Title 15, being performed in a manner either contrary to the provisions of any code adopted herein or being performed in a dangerous or unsafe manner. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property upon which the violation has occurred or is occurring, or to the owner's agent, or to the person doing the work, or may be posted in a conspicuous manner on the property. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. The Building Official may also include conditions or directives in the Stop Work Order to secure the property where appropriate due to unsafe conditions, soil erosion control, water quality degradation, or other matters in which conditions on the property threaten the health, safety or general welfare of the public or threaten to negatively impact or damage other property. (c) Unlawful Continuance. Any person who shall continue any work after a stop work order has been issued, except such work as may be directed to remove a violation, address an unsafe condition, or secure the property, shall be deemed to be a violation of this Title 15 and shall be subject to penalties as set forth in this Title 15. 15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance (a) Declaration of Public Nuisance. Any use or condition of a property, structure or equipment regulated by this Title 15 which constitutes an unsafe condition, unsanitary condition, or hazardous threat to life, safety, health, public welfare or property by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be an unsafe condition. An unsafe condition is hereby declared to be a public nuisance. (b) Order of Abatement. The Building Official or Town Attorney may take action to order the abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition, or removal of the equipment or structure which poses unsafe conditions, or by securing such property, structure or equipment to restrict the use, accessibility or risk posed by the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement in writing to the property owner which shall describe the action required to abate the unsafe condition and shall provide a timeframe for compliance. No person shall use the structure or equipment constituting an unsafe condition after receiving such notice. (c) Failure to Comply, Abatement by Town. In the event the property owner fails to comply with an order of abatement within the timeframe for compliance stated in such order, the Town may proceed to enter the property, abate the unsafe condition and correct the public nuisance. Town shall post notice of Town's intention to enter the property and abatement the unsafe condition and public nuisance at least twenty four (24) hours in advance by posting written Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 7 of 45 notice in a conspicuous place on the property, except where unsafe conditions warrant immediate abatement, in which case the Town shall not be required to post written notice in advance of entering the property. (d) Disconnection of Service Utilities. The Building Official shall have the authority to authorize disconnection of utility services to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting the utility service, the owner or occupant of the building, structure or service systems shall be notified in writing, as soon as practical thereafter. (e) Connection After Order to Disconnect. No person shall make connections from any energy, fuel, power supply, water distribution, or other utility service, or supply energy, fuel or water to any equipment regulated by this Title 15 that has been disconnected or ordered to be disconnect by the Building Official or the use of which has been ordered to be disconnected by the Building Official until the building Official authorizes the reconnection and use of such equipment. (f) Recovery of Costs, Lien. The Town may recover the direct costs incurred for abatement of unsafe conditions together with a fifteen percent (15 %) surcharge for administrative expense and eighteen percent (18 %) interest per year on the total outstanding amount due to the Town. All costs, surcharges and interest shall be recoverable against the property owner. In addition to other means provide by law, the Town may recover all costs, surcharges and interest imposed by certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area authorized in accordance with Colorado Revised Statute section 31 -20 -105. Chapter 15.06 Board of Appeals 15.06.010 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the board. 15.06.020 Limitations on Authority. An application for appeal shall be based on a claim that Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 8 of 45 the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. 15.06.030 Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings." CHAPTER 15.08 Building Code 15.08.010 Adoption (a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2009 International Building Code, excluding Chapter 27 Electrical and including Appendix C Group U — Agricultural Buildings, Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic fire- resistive assemblies listed in the Fire Resistance Design Manual, published by the Gypsum Association, most current addition, as referenced in the specified International Building Code. (b) The 2009 International Building Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. Copies of the 2003 International Building Code are on file in the office of the Town Clerk and are available for inspection during regular business hours. 15.08.020 Additions or Modifications The 2009 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.160. 15.08.030 Section 104 — Duties and Powers of the Building Official (a) Section 104. 1, General, is amended to read as follows: "104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 9 of 45 order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code." (b) Section 104.6, Right of Entry, is amended to read as follows: "104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry." 15.08.035 Section 105 — Permits (a) Section 105. 1, Required, is amended by adding the following language: "No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Chapter 15.40, Solid -Fuel- Burning Devices." (b) Section 105.1.1, Annual permit, is deleted. (c) Section 105.1.2, Annual permit records, is deleted. (d) Section 105.5, is amended to read as follows: "105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period of 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 -day period." 15.08.036 Section 106 — Floor and Roof Design Loads Section 106 is adopted as written. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 10 of 45 15.08.040 Section 107.2.5 — Site Plan Section 107.2.5 Site plan, is amended to read as follows: "107.25 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by FEMA, is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three - eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights -of -way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted." 15.08.050 Section 109 — Fees (a) Section 190.2 Schedule of Permit Fees, is amended to read as follows: "109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon." (b) Section 109.6, Refunds is deleted. (c) Section 109.7, Contractor licensing, is amended to add the following language: "109.7 Contractor Licensing. All contractors, including those who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I General Contractor $125.00 Class II Other Contractors $ 35.00 Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 11 of 45 Class III I Municipal Contractors 1 $ 75.00 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner - builders, shall provide current certificate of insurance for statutory workers compensation and commercial general liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner- builder is one that will personally perform at least 50% of all labor involved in the construction of a single - family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner- builder for a minimum of one year from the date the Certificate of Occupancy is issued." 15.08.060 Section 110 — Inspections Section 110, Inspections, is amended to read as follows: "(1) Section 110.2, Preliminary Inspection 110.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign -offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. The Building Official is authorized to waive the record card on a job by job basis. 110.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street and all necessary toilet facilities in place prior to this inspection being approved. 110.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building." (2) Section 109.3.1, Footing and Foundation Inspection, is amended by the addition of the following language: "The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 12 of 45 110.2.3.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado- licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done when the forms are removed. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. 110.2.3.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. (3) Section 110.2.3.3 is amended by adding the following language: "110.2.3.3 Cleanup During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the Building Official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors." 15.08.070 Section 111— Certificate of Occupancy Section 111 is amended by adding the following language: "111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 13 of 45 and general construction deposit ( "deposit ") is designed to provide security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within three months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. 111.2.3 Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ( "TCO ") shall be valid for three (3) months. The Building Official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for commercial or multi - family (A, B, E, F, H, I, M, S and R- 1- 2 -4 &I) occupancies: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire alarms and sprinklers. c. Two operative bathrooms on each floor being occupied in other than R occupancies. d. Entrance and other work within the public right -of -way must be approved. e. All required parking paved and marked. f. All utility tap fees paid. g. Positive drainage away from the building in all directions at two percent for a minimum of five feet. h. Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 110.3.2. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. 111.2.4 Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 14 of 45 Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code." 15.08.080 Section 113 — Board of Appeals Section 113 is repealed and reenacted to read as follows: "113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.08.090 Section 115 — Stop Work Order Section 115, Authority, is amended to read as follows: "115 Authority. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order." 15.08.100 Section 501.2 — Premises Identification Section 501.2, Premises identification, is amended to read as follows: "501.2 Premises Identification. New and existing buildings shall be provided with approved address numbers or letters. Each character shall be a minimum 4 inches (102 mm) high and a minimum of 0.5 inches (12.7mm) wide. They shall be installed on a contrasting back ground and be plainly visible from the street or road fronting the property. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure." 15.08.110 Section 1204 — Temperature Control Section 1204 is amended to read as follows: "1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. Outside design temperature shall be not more than minus 20 degrees Fahrenheit. Exception: Interior spaces where the primary purpose is not associated with human comfort." 15.08.120 Section 1608.2 — Ground Snow Loads Section 1608.2, Ground Snow Loads, is amended to read as follows: Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 15 of 45 "1608.2 Ground Snow Loads. Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75- pound - per - square -foot snow load." 15.08.125 Section 1603.2 — Boulder Walls "1603.2 Boulder Walls. This section is hereby added with the following language: Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado." 15.08.130 Section 1704 — Special Inspections Section 1704, Special Inspections, is amended by adding the following: "1704.2.3 Log Frame Construction — Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection." "1704.16.1.1 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency." 15.08.140 Section 1809.5 — Frost Protection 1809.5, Item 1. Shall be amended as follows: "Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer." 15.08.150 Chapter 30 — Elevators and Conveying Systems Section 3001.5 is added to read: "3001.5 Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970- 468 -0295 (Ext. 108.)" This program exists as Memorandum of Agreement with the Division of Oil & Public Safety. All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS). The Town of Avon adopts the A 17.1 -2007 elevator code and the A 18.1 -2005 safety standard for vertical platform and wheelchair lifts, by reference." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 16 of 45 15.08.160 Appendix J — Grading "Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following sentence: Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer." 15.08.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Building Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.08.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.08.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.08.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Building Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.09 Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 17 of 45 Residential Code 15.09.010 Adoption (a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2009 International Residential Code for One- and Two - Family Dwellings, excluding Chapters 36, 37, 38, 39, and 40 and including Appendix G. (b) The 2009 International Residential Code for One- and Two - Family Dwellings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009 International Residential Code for One- and Two - Family Dwellings is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.09.020 Additions or Modifications The 2009 International Residential Code for One- and Two - Family Dwellings is amended and changed as described in Sections 15.09.030 through 15.09.140. 15.09.030 Section R104 — Duties and Powers of the Building Official (a) Section R104.1, General, is amended to read as follows: "R104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code." (b) Section R104.6, Right of Entry, is amended to read as follows: "11104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 18 of 45 15.09.040 Section R105 — Permits (a) Section R105.1, Required, is amended by adding the following language: "No building or mechanical permits will be issued for the installation of a wood - burning device unless the device is in conformance with the Town of Avon, Chapter 15.40 of the Avon Municipal Code." (b) Section R105.5 is amended to read as follows: "R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period of 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one -half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 -day period. 15.09.050 Section R106.2 — Site Plan Section R106.2, Site plan, is amended to read as follows: "R106.2 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by FEMA, is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three- eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights -of -way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 19 of 45 15.09.060 Section R108 — Fees (a) Section R108.2, Schedule of Permit Fees, is amended to read as follows: "R108.2 Schedule of Permit Fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon." (b) R108.4, Related fees, is amended by the addition of the following: "R108.4.1 Elevators and Conveying Systems Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970 - 468 -0295 ext. 108.)" (c) Section R108.5, Refunds, is deleted. (d) Section R108.6, Contractor Licensing, is added to read as follows: "R108.6 Contractor Licensing. All contractors, including those who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I General Contractor $125.00 Class II Other Contractors $ 35.00 Class III Municipal Contractors $ 75.00 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation, and general commercial liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner- builder is one that will personally perform at least 50% of all labor involved in the construction of a single - family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner- builder for a minimum of one year from the date the Certificate of Occupancy is issued." 15.09.070 Section R109 — Inspections Section R109 is amended as follows: Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 20 of 45 (1) Section R109.1.1, Foundation inspection, is amended by addition of the following language: "The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado - licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the Survey is presented and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town." (2) Section R109.1.5, Other Inspections, is amended by the addition of the following language: "R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the construction sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign -offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost, there will be a $20.00 fee to replace or update the card. The Building Official is authorized to waive the use of the record card on a job by job basis. R109.1.5.3 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractor's name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 21 of 45 conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for occupancy of the building. R109.1.5.5 Log Frame Construction — Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency." (3) Section R109.5 is added to read as follows: "11109.5 Cleanup During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the Building Official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors." 15.09.080 Section R110 — Certificate of Occupancy Section R110 is amended by adding the following language: "11110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. R110.4.1 Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ( "TCO ") shall be valid for three months. The Building Official may grant one TCO extension for up to three (3) months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for one- and two - family dwellings: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 22 of 45 building, fire sprinkler (if required), electrical, plumbing and mechanical. c. One bathroom operative as per the approved plans. d. Entrance and other work within the public right -of -way must be approved. e. Positive drainage away from the buildings in all directions at two percent (2 %) for a minimum of five (5) feet. f. Sufficient roadway access for emergency vehicles and minimum parking requirements must be met. g. All utility tap fees paid. h. Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section R110.4.1 The surety will be returned to the permittee upon issuance of the final certificate of occupancy. R110.4.1 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ( "deposit ") is designed to provide security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five percent (25 %) of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20 %) of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent (12 %) [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. R110.6 Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code." 15.09.090 Section R112 — Board of Appeals Section R112 is repealed and reenacted to read as follows: Ord 10 -02 Adopting 2009 18C 2 -9 -10 Page 23 of 45 "R112 Appeals to Town Council. A person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code." 15.09.100 Section R114 — Stop Work Order Section R114.1, Authority, is amended to read as follows: R114.1 Notice to Owner. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. Upon notice from the Building Official that any work is being prosecuted contrary to the provisions of this code such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume." 15.09.110 Table R301.2(1) — Climatic and Geographic Design Criteria Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the following criteria: "a) Ground Snow Loads: Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75- pound -per- square -foot snow load. b) Wind Speed: 90 Miles Per Hour c) Seismic Design Category: B d) Weathering: Severe e) Frost Line Depth: 48 inches f) Termite: Slight to Moderate g) Winter Design Temperature: -20 Degrees Fahrenheit h) Flood Hazards: .8/18/87 i) Air Freezing Index: 2,500 j) Mean annual temp: 40 degrees Fahrenheit 15.09.115 Section R313 Automatic Sprinkler System Section R313 is repealed and reenacted to read as follows: "R313.1 Townhouse Automatic Fire Sprinkler Systems. An automatic residential fire sprinkler system shall be installed in townhouses. Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 24 of 45 R 313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13 D. R313.2 One -and Two - Family Dwellings Automatic Fire Systems. Effective January 1, 2012, an automatic residential fire sprinkler system shall be installed in one- and two - family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R313.2.1 Design and Installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13 D." 15.09.120 Section R319 Site Address Section R321.1, Premises Identification, is amended to read as follows: "R319 Address Numbers. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of .5 inch (I2.7mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure." 15.09.140 Section R403.1.4 — Minimum Depth The first sentence is amended to read as follows: "Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer." 15.09.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Residential Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.09.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Residential Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 25 of 45 penalties contained in Chapter 1.09 of this Code. 15.09.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.09.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Residential Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.12 International Electrical Code 15.12.010 Adoption The Town adopts the 2008 National Electrical Code. The 2008 National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. A copy of the 2008 National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.12.020 Administration — Fees Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, Colorado 80203 -1941; Telephone 303 - 894 -2300) 15.12.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2008 National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 26 of 45 15.12.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2008 National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.12.320 Repeal The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. 15.12.330 Validity If any section, subsection, sentence, clause or phrase of the 2008 National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.20 International Plumbing Code 15.20.010 Adoption The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The 2009 International Plumbing Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.20.020 Additions or Modifications The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. 15.20.030 Organization and Enforcement (Refer to the 103 — Department of Plumbing Inspection) 15.20.040 Section 103.1.3 — Department of Plumbing Inspection Section 103.1.3 is amended by adding the following paragraph: Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 27 of 45 "Section 103.1.3 — Licensing. Pursuant to Section 12 -58 -115 of the Colorado Revised Statutes, only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the 2009 International Plumbing Code." 15.20.050 Section 106 — Fee Schedule "All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town)." 15.20.060 306 — Trenching, Excavation and Backfill 15.20.060 is added and amended by adding the following language: "The minimum cover for water supply and sewer piping, not under a building, shall be 7 feet below finished grade." 15.20.065 Section 412.5 — Mechanical Rooms This section is hereby amended to add the following language: "For heating or hot -water boiler applications, the boiler room shall be equipped with a floor drain or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning, recharging and routine maintenance." 15.20.70 Section 606.2 — Location of Shutoff Valves This section is hereby amended as follows: "Add Item 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one- and two - family residential occupancies, and in individual guest rooms in hotels, motels, boarding houses, and similar occupancies shutoff valves are required." 15.20.080 Section 906 — Vent Termination "Section 906.1. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof. nor less than two (2) feet from any vertical surface." 15.20.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Plumbing Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.20.310 Penalty Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 28 of 45 Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year or by both such fine and imprisonment. (Ord. 07 -13) 15.20.320 Repeal The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.20.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.24 International Mechanical Code 15.24.010 Adoption The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 04 -14 §4) 15.24.020 Additions or Modifications The 2009 International Mechanical Code is amended and changed in Sections 15.24.030 through 15.24.060 of this Chapter. 15.24.030 Section 106.5.2 — Fee Schedule Section 106.5.2 is repealed and reenacted to read as follows: "106.5.2 Fee Schedule The fee for each permit shall be as set forth in The Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 29 of 45 15.24.040 Section 109 — Means of Appeal Section 109 is repealed and reenacted as follows: "109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.24.043 Table 403.3 — Minimum Ventilation Rates This Table is hereby amended to add the following language: "Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 capital edition of the International Fire Code Section 610.4.7." 15.24.046 Section 903.3 — Unvented Gas Log Heaters This section is hereby amended as follows: "Unvented gas fireplaces are prohibited." 15.24.050 Section 701— Combustion Air, General Section 701 is amended by adding a new Section 701.6 as follows: "701.6 Type of Construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." 15.24.060 Section 902 — Masonry Fireplaces Section 902 is amended by deleting Section 902.6 and by adding the following language: "902.3 — Definitions. 1. New Technology Device means a solid -fuel- burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. A new technology device is; one which has EPA certification as an EPA Certified wood stove. 2. EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 30 of 45 3. Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. 4. Solid fuel burning devices means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. 5. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted with an A.G.A and /or U.L. listed gas log kit, has not damper and vents through an approved vent. Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve." 902.4 Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet. "Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved in place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation there shall also be permitted one EPA approved wood burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit. 902.5 Regulations Above Elevation of Seven Thousand Eight Hundred Twenty Feet. Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided no new wood - burning or other fuel- burning fire places or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified New Technology solid fuel burning devices, gas appliances and gas fireplaces shall be permitted. 902.7 Coal Usage Prohibited. The burning of coal within the Town is prohibited." 15.24.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 31 of 45 violation of any of the provisions of any of the codes or standards named in the title of this Chapter. 15.24.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.24.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.24.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.26 International Fuel Gas Code 15.26.010 Adoption The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The 2009 International Fuel Gas Code is published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Fuel Gas Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.26.020 Additions or Modifications The 2009 International Fuel Gas Code is amended and changed in Sections 15.28 through 15.28.50 of this Chapter. 15.26.030 Organization and Enforcement (Refer to the 2009 International Fuel Gas Code.) Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 32 of 45 15.26.040 Section 103.1. International Fuel Gas Code Department of Inspection 15.26.050 Section 106 — Permits Section 106 is amended as follows: "Section 106.6 — Fees All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town)." 15.26.060 Section 304.1— General This section is hereby mended by the addition of the following language: "New construction shall be considered unusually tight construction as defined by this code." 15.26.070 Section 404.5 — Protection Against Physical Damage This Section is hereby amended by the addition of the following language: "Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas shall be protected from such damage." 15.26.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Fuel Gas Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.26.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Fuel Gas Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.26.320 Repeal The repeal or the repeal and reenactment of any provision of the 2009 International Fuel Gas Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 33 of 45 provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.26.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Fuel Gas Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.32 Fire Code 15.32.010 Adoption (a) Pursuant to Section 6.9 of the Town Charter, there is adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as the 2009 International Fire Code, including Appendix E Hazardous Categories, and Appendix F Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended by this Chapter. (b) The 2009 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009 International Fire Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. (Ord. 04 -14 §5) 15.32.020 Additions or Modifications The 2009 International Fire Code is amended and changed in Sections 15.32.030 through 15.32.140. (Ord. 04 -14 §5) 15.32.030 Section 104.6 — Official Records Section 104.6 is amended by the deletion of 104.6.2 — Inspections, 104.6.3 — Fire Records and 104.6.4 — Administrative. (Ord. 04 -14 §5) 15.32.040 Section 104.11— Authority at Fires and Other Emergencies Section 104.11 is amended by adding the following: "Fire alarm panel troubles signals, maintenance signals, testing signals or as approved in writing by the Fire Chief shall not be construed as an emergency fire condition." (Ord. 04 -14 §5) 15.32.050 Section 104.11.3 — Systems and Devices Section 104.11.3 is amended by adding the following: Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 34 of 45 "Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire Chief shall not be construed as an emergency fire condition." (Ord. 04 -14 §5) 15.32.060 Section 105.1.1— Permits Required Section 105. 1.1 is amended to read as follows: "105.1.1 Permits Required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. (For permit applications and inspections contact the Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon, Colorado, 81620. Phone: 970 - 748 - 9665)" (Ord. 04 -14 §5) 15.32.070 Section 105.6 — Required Operational Permits (a) Section 105.6 is amended as follows: "105.6 Required operational permits. The fire code official or authorized designee is authorized to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44." (b) Delete all Sections except Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. (Ord. 04 -14 §5) 15.32.080 Section 105.7 — Required Construction Permits Section 105.7 is amended as follows: Delete all Sections except Sections 105.7.1, 105.7.3 and 105.7.11. (Ord. 04 -14 §5) 15.32.090 Section 108 — Board of Appeals Section 108 is amended to read as follows: "108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. "108.2 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 35 of 45 do not fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. "108.3 Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code." (Ord. 04 -14 §5) 15.32.100 Section 202 — General Definitions (a) False Alarm is amended to read as follows: "False Alarm The deliberate reporting of an alarm for which no such fire or emergency actually exists." (b) Fire Code Official is amended to read as follows: "Fire Code Official The Town of Avon Building Official or a duly authorized representative charged with the administration and enforcement of the code." (c) Fire Department is added to read as follows: "Fire Department The Eagle River Fire Protection District is the designated fire depart- ment in the Town of Avon." (Ord. 04 -14 §5) 15.32.110 Section 308.3.1— Open -Flame Cooking Devices Section 308.3.1 is amended by the addition of Exception 3: "3. Propane cooking devices." (Ord. 04 -14 §5) 15.32.120 Section 603.8.2 — Spark Arrestor Section 603.8.2 is amended by the addition of: "Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be maintained with an effective means of arresting spark." (Ord. 04 -14 §5) 15.32.130 Section 905.1— Standpipe Systems, General Section 905. 1, General, is amended by revising the third sentence to read as follows: "The outside fire department connections shall be approved by the Fire Chief." (Ord. 04 -14 §5) Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 36 of 45 15.32.140 Section 907 — Fire Alarm and Detection Systems Section 907, Fire Alarm and Detection Systems, is amended as follows: (1) 907.2.1 Group A — delete the exception. (2) 907.2.2 Group B — delete the exception. (3) 907.2.4 Group F — delete the exception. (4) 907.2.7 Group M — delete the exception. (Ord. 04 -14 §5) 15.32.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Fire Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.32.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.32.320 Repeal The repeal or the repeal and reenactment of any provision of the 2009 International Fire Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.32.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Fire Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 37 of 45 subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.36 Factory -Built Housing and Manufactured Homes 15.36.010 Adoption The Town adopts the 2009 International Building Code and all appendix chapters thereto. The 2009 International Building Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.36.020 Additions or Modifications The 2009 International Building Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. 15.36.030 Definitions For the purposes of this Chapter, the following definitions shall have the meanings indicated: Factory -built housing means any structure, or component thereof, designed primarily for permanent residential occupancy, including a mobile home which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. Manufactured housing unit means a pre - constructed complete building unit or combination of pre - constructed complete building units without motor power designed and commonly used for single - family, single -unit residential occupancy by persons in either temporary or permanent locations, which unit or units are manufactured in a factory or at a location other than the residential site of the completed home and which unit or units are not licensed as a recreational vehicle. Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and is thirty -two (32) body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling without permanent foundation when connected to required utilities and includes the plumbing, heating, air - conditioning and electrical systems contained therein. Nonresidential factory -built housing means any structure, or component thereof, designed primarily for permanent nonresidential occupancy, including a manufactured unit which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation on the building site. 15.36.040 Park Site and General Requirements Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 38 of 45 (a) Provisions of this Chapter shall not apply to a manufactured home located within the Town on the effective date of the ordinance codified herein. (b) Each new park or addition to an existing park shall conform to all provisions of this Chapter. (c) Manufactured home space. Each space shall contain at least three thousand (3,000) square feet of area for a single -wide unit, and four thousand two hundred (4,200) square feet for a doublewide unit. The minimum space between any appurtenance or deck thereto shall be a minimum of twelve (12) feet. The minimum space between any two (2) manufactured homes or habitable appurtenance thereto shall be a minimum of twenty (20) feet. Each space shall provide paved parking spaces for at least two (2) automobiles, either on the space adjacent to it or within the park, or by any combination of these locations. (d) Driveways and walkways. All mobile home spaces shall abut upon a driveway graded for drainage and maintained in a rut and dust -free condition and which provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be sixteen (16) feet. An additional eight (8) feet of width shall be constructed for each parallel parking space adjacent thereto, or twenty -eight (28) feet for double - loaded perpendicular parking spaces. All driveways and walkways within the park shall be illuminated to ensure safety for park residents. (e) Paving of parking and driving areas. All manufactured home parks shall have paving in the parking and driving areas thereof. (f) Maintenance of lots. All lots and stands shall be maintained in a clean and sanitary condition, free from hazardous or noxious materials, weeds, refuse and motor vehicles having no current license plates. 15.36.050 General Requirements — Manufactured Housing (a) No person, firm or corporation shall place a manufactured home within the Town without first obtaining a permit therefore from the State Division of Housing and approval for the installation by the State Division of Housing. (b) No person, firm or corporation shall make any alteration or addition to a manufactured home thereto without first obtaining a permit therefore from the Building Official. (c) All manufactured homes, including mobile homes, shall comply with the installation requirements set forth in the Part 31, Manufactured Home Installation, Section 24 -32 -3101 et seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing governing manufactured housing. (d) All manufactured homes must comply with Section 24 -32 -701, C.R.S., governing labeling and construction compliance with state and federal standards or bear the red HUD label. (e) All manufactured homes shall be designed with the snow load requirements as set forth in Section 15.08.120 of this Code unless it complies with one (1) of the following: (1) An approved snow removal maintenance program; (2) A protective shelter built over the home, not connected to the home; or (3) A shelter designed by a professional engineer or architect. 15.36.060 General Requirements — Factory -Built Units (a) No person, firm or corporation shall place a factory -built unit within the Town without first obtaining a permit therefore from the Building Official. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 39 of 45 (b) No permit for a factory-built home or any alteration or addition thereto shall be issued unless the same complies with all requirements of the building code, including electrical, plumbing and mechanical in effect in the Town at the time. CHAPTER 15.40 Solid -Fuel- Burning Devices 15.40.010 Adoption The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The 2009 International Plumbing Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.40.020 Additions or Modifications The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. 15.40.030 Purpose and Applicability These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents of and visitors to the Town. These regulations are intended to protect air quality. 15.40.040 Definitions For the purposes of this Chapter, the following definitions shall have the meanings indicated: New Technology Device means a solid -fuel- burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. A new technology device is; one which has EPA certification as an EPA Certified wood stove." EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon." Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which des not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 40 of 45 Solid fuel burning devices means any fireplace, firebox or device intended and /or used for the purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted with an A.G.A and /or U.L. listed gas log kit, has not damper and vents through an approved vent. "Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve." 15.40.050 Amendment Section 902 is amended by adding the following sub - section: "902.4 Regulations below the elevation of Seven Thousand Eight Hundred Twenty Feet. Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved in place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation there shall also be permitted one EPA approved wood burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit." 15.40.060 Gas Appliances All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. 15.40.070 Coal Usage Prohibited The burning of coal within the Town is prohibited. Chapter 15.44 2009 International Property Maintenance Code 15.44.010 Adoption The Town adopts the 2009 International Property Maintenance Code and all appendix chapters. The 2009 International Properly Maintenance Code is published by the International Code Council ( ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2009 International Property Maintenance Code are on file in the office of Community Development, and are available for inspection during regular business hours. 15.44.020 Additions or Modifications Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 41 of 45 The 2009 International Property Maintenance Code is amended and changed in Sections 15.44.030 and 15.44.040 of this Chapter. (Ord. 99 -14 (part)) 15.44.030 Section 205 — Board of Appeal Section 111 is amended to provide as follows: 15.44.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Property Maintenance code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter." 15.44.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Property Maintenance Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.44.320 Repeal The repeal or the repeal and reenactment of any provision of the 2009 International Property Maintenance Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.44.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Property Maintenance Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. Chapter 15.48 International Energy Conservation Code 15.40.010 Adoption The Town adopts the 2009 International Energy Conservation Code and all appendix chapters Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 42 of 45 thereto. The 2009 International Energy Conservation Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.40.020 Additions or Modifications The 2009 International Energy Conservation Code is amended and changed in Sections 15.20.030 through 15.20.100 of this Chapter. 15.48.030 Section 101.3 — Intent This section is hereby amended with the addition of the following language: "The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2009 International Energy Conservation Code." 15.48.040 Section 503.2.2.1— Snowmelt Boilers This section is hereby added as follows: "All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety -two percent (92 %) AFUE." Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 43 of 45 Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 23, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on February 9, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 44 of 45 APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 23, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 45 of 45 HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: February 16, 2010 SUBJECT: Gandorf PUD; Form of Deed Restriction Summary: Attached is the revised form of deed restriction ( "Deed Restriction ") prepared for the Gandorf PUD along with a comparison of this version to the 11 -17 -09 version. Town Council approved the Gandorf PUD with the condition that the Town Council review and approve the final form of the Deed Restriction Revisions to Deed Restriction: The revisions focus on refining the terminology as well as defining the default, enforcement and option to purchase remedies in the event of default or foreclosure. Please note the following revised terms: • A Qualified Owner must be a resident of Eagle, Summit or Lake County prior to purchasing the property. • The only restriction on use is "full -time residency" or primary residency. There is no employment requirement. • There is no restriction on ownership of other property in Eagle County or elsewhere. • In the event of default, the Town has the option to purchase the property for the amount paid by the Owner. In the event of foreclosure, the Town has the option to purchase the property for the amount paid by the Owner or the amount paid by the purchaser in a foreclosure sale, whichever is less. Requested Council Action: Council review and approval of the final form of the Deed Restriction is requested. Heil Law & Planning, uC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil @avon.org TOWN OF AVON FULL TIME RESIDENT HOUSING DEED RESTRICTION NON -PRICE CAPPED THIS DEED RESTRICTION ( "Deed Restriction ") is made and executed this day of 2010 by ( "Owner "), whose address is for the benefit of the Town of Avon, a Colorado home rule municipality ( "Town "). WHEREAS, as a condition of a planned unit development amendment application submitted by Gandorf Tract B, LLC, in 2009 to change the use of Tract B, Wildridge PUD, to allow two duplex lots for a total of four residential units (two duplexes) the Town Council of the Town of Avon required that one residential unit must be subject to and encumbered by a Full -Time Resident Housing Deed Restriction and which Property shall be burdened and restricted by covenants which limit the ownership and use of the residential unit to full -time residents of the Town of Avon, in accordance with the terms set forth in this Deed Restriction. NOW, THEREFORE, for value received, the Owner does hereby declare and impose the following covenants on the real Property described below, which covenants shall burden and run with the Property in perpetuity for the benefit of the Town until modified or released by the Town. COVENANTS 1. Property. The parcel of real estate described as , according to the plat thereof recorded at in the office of the Eagle County Clerk and Recorder, Colorado ( "Property ") is hereby burdened with the covenants set forth in this Deed Restriction. The form of this Deed Restriction shall be recorded in the office of the Eagle County Clerk and Recorder with the approval of the planned unit development amendment for Tract B, Wildridge PUD. This Deed Restriction shall be executed by the Owner and recorded in the office of the Eagle County Clerk and Recorder as a condition to the issuance of a building permit for the third of the four residential units. 2. Definitions. The following defmitions shall apply to terms used in the Deed Restriction: a. Full -Time Resident shall mean a natural person with a primary residence in a particular jurisdiction. The primary residence status of such person shall be determined by the Town which may consider the rules for determining residence for voter registration purposes in the State of Colorado as set forth in Colorado Revised Statutes §1 -2 -102, and which primary residence status may be evidenced by voter registration, driver's license registration, motor vehicle registration, utility bills, federal and state tax returns, business pursuits, location of employment, residence of children and spouses, situs of personal property, existence of other residences and the amount of time spent at each residence, and other information which the Town deems is relevant to the determination of primary residence. Page 1 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 b. Non - Qualified Owner shall mean any person who does not meet the definition of Qualified Owner including any person who originally qualified as a Qualified Owner but whose circumstances change and who no longer meets the definition of Qualified Owner. C. Owner shall mean the owner of 100% of the fee simple interest in the Property and may include either a Qualified Owner or Non - Qualified Owner, as the context requires. d. Qualified Owner shall mean a natural person who, prior to owning the Property, is a Full Time Resident of Eagle County, Lake County or Summit County, Colorado and who, upon taking title to the Property occupies and uses the Property as a Full -Time Resident within sixty (60) days of taking title and who continues to occupy and use the Property as a Full -Time resident at all times thereafter except within ninety (90) says of the sale of the Property to a subsequent Qualified Owner, and who possesses a 100% fee simple ownership interest in the Property in compliance with the terms and provisions of this Deed Restriction and whose qualifications to own the Property have been certified by the Town at the time the Owner takes title to the Property, or shall mean the Town of Avon, Colorado or its designee. Gandorf Tract B, LLC, and its assigns, shall constitute a Qualified Owner prior to the issuance of a Certificate of Occupancy and initial occupancy of the Property. e. Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. f. Short Term Rental shall mean the rental or lease of the Property, or any portion of the Property, for a period of time that is less than thirty (30) days. 3. Use of the Property. The use of the Property shall be limited to occupancy by a Qualified Owner, and those who share possession of the Property with a Qualified Owner, including immediate family members of a Qualified Owner, lessees and temporary invitees who do not provide compensation for temporary residence at the Property. Use of any portion of the Property as a Second Home or for Short Term Rental shall not be allowed and is prohibited. Any use of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained herein. 4. Re -Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Paragraph 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name of the buyer and all information required to determine whether the buyer would meet the defmition of Qualified Owner upon taking title to the Property. b. Buyer shall submit an administrative fee in the amount of ONE HUNDRED AND FIFTY DOLLARS ($150.00) to the Town to pay for the cost of reviewing and rendering a Page 2 of 9 Town of Avon — Full-Time Resident Housing Deed Restriction February 16,2010 determination as to whether a prospective buyer would meet the definition of Qualified Owner upon taking title to the Property. C. Once the Town has received complete information concerning the prospective buyers and has received the administrative fee, the Town shall review the information and make a written determination within a reasonable time (and not to exceed thirty (30) days) as to whether the buyer would meet the definition of Qualified Owner upon taking title to the Property. d. The Town may require the buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a buyer would meet the definition of Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs. e. The Owner may sell and convey the Property to any buyer that is determined in writing by the Town would be a Qualified Owner upon taking title to the Property. 5. Default by Owner. A default by Owner shall include breach of any of the covenants set forth in this Deed Restriction, including without limitation the following: a. Transfer or conveyance of any ownership interest in the Property to a person or entity that is not a Qualified Owner. b. Acceptance of any ownership interest in the Property by a person or entity that is not a Qualified Owner. C. Transfer or conveyance of any ownership interest in the Property to a person or entity who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Use of any portion of the Property as a Second Home or for Short Term Rental. e. Lease of the Property which provides for complete possession in a person other than the Owner. E Failure to make payments and comply with the terms of any deed of trust placed on the Property. g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with an indebtedness or obligation that exceeds eighty -five (85 %) of the fair market value of the Property at the time of executing such deed of trust, lien or other encumbrance. h. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. Page 3 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 i. Failure of the Qualified Owner to occupy and use the Property as a Full-Time Residence in accordance with the terms of this Deed Restriction or failure of the Owner to otherwise meet the definition of a Qualified Owner. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty five (65) days for the Owner to cure such default. The notice shall state that the Owner may request in writing a hearing before the Town Council of the Town which may be held no sooner than ten (10) days after the date of mailing the notice of default. If no hearing is requested in writing and the violation is not cured within sixty -five (65) days after the date of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If a hearing is held, the decision of the Town Council of the Town shall be final for the purpose of determining if a violation has occurred. In the event of any lease or use of the Property in violation of this Deed Restriction, any amounts collected or receipt of other things of value by the Owner or assigns attributable to such leases or uses shall be paid to the Town as a material requirement of curing the default. 7. Remedies. In the event of non - performance, default or breach of any term of this Deed Restriction, either party shall have the right to enforce the other party's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In the event of non - performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to exercise the Option to Purchase set forth in Paragraph 10 below. In addition, any amount due and owing to the Town shall bear interest at the rate of one percent (1%) per month, compounded monthly, until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited attorney's fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien as a general mechanic's lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Title 38, Article 22, and the Owner expressly waives any objection to the attachment of a lien or enforcement as a general mechanic's lien for amounts due to the Town. In the event of a transfer or conveyance of any interest in the Property which violates the terms of this Deed Restrictions and constitutes a default, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a default by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount determined by multiplying the most recent fair market value valuation of the Property by the Eagle County Assessor by an eighteen percent (18 %) penalty rate and dividing that product by 365 days and that amount shall be payable per day for each day that the Owner is in default of this Deed Restriction and has failed to cure the default. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Paragraph 7 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property which is Page 4 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 in violation of this Deed Restriction, any amounts collected or receipt of other things of value by the Owner or assigns under such lease or use shall be paid to the Town as additional liquated damages and in addition to the amounts specified in Paragraph 7 above. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. In the event of foreclosure by the holder of a deed of trust that is a bona fide arms - length lender to the Owner, this Deed Restriction shall be automatically and permanently released and terminated and shall be of no further force and effect if, and only if, the conditions in this Paragraph 9 are satisfied. In the event of release and termination of the Deed Restriction, the Town, or its authorized successor, shall cause to be recorded in the records of the Clerk and Recorder for Eagle County, Colorado, a full and complete release of this Deed Restriction. The conditions which must be satisfied prior to the release and termination of the Deed Restriction shall be as follows: a. The deed of trust, lien or other encumbrance against the Property must have previously been recorded in the Clerk and Recorder's Office of Eagle County, Colorado. and, b. The holder of the deed of trust, lien or other encumbrance has given to the Town notice of Owner's default of the deed of trust or lien, which includes: i. The legal description and physical address of the Property; ii. the Owner's name; iii. the name, mailing address, e-mail address, phone number and contact person of the holder of the deed of trust or lien; iv. a copy of the recorded deed of trust, lien or other instrument creating an encumbrance on the Property; V. copies of any and all notices of default, notice of foreclosure or correspondence between the holder of the deed of trust or lien and the Owner; and, A an affidavit from the holder of the Deed of Trust that the loan secured by the Deed of Trust was a bona fide, arms - length loan to the Owner, that no owner, partner, member or principal of the lender is a member of the Owner's family or an affiliate of the Owner, and that the release of the Deed Restriction is not one of the primary purposes of the foreclosure, and, C. The deed of trust, lien or other encumbrance placed on the Property, when considered with all existing deeds of trust, liens or other encumbrances at the time of recording such Page 5 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 document, did not exceed eighty-five percent (85 %) of the fair market value of the Property. and, d. The Option Period as set forth in Paragraph 10 below has expired without exercise of the Option to Purchase by the Town or assigns; or, the Town has exercised the Option to Purchase but failed to close or perform under the Option to Purchase in accordance with the terms set forth in Paragraph 10 below. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of trust or other encumbrance as provided in Paragraph 9 above (whichever is earlier), the Town shall have the option to purchase ( "Option to Purchase ") the Property in accordance with the procedures and terms set forth in this Paragraph 10 as follows: a. The Town shall have an Option to Purchase during the following times ( "Option Period ") and upon occurrence of the following events: i. During any period which the Owner has defaulted under this Deed Restriction and has failed to cure such default within the cure period; or, ii. for sixty-five (65) days after title to the Property is transferred in a foreclosure of a Deed of Trust or other encumbrance or transferred by a Deed in Lieu of Foreclosure or other instrument. b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. C. The Town shall have the right to purchase the Property from the purchaser in a foreclosure sale or from the holder of the deed of trust who has acquired the Property through foreclosure in the amount which is the lesser of the purchase price originally paid by the Owner or the amount sold to a purchaser in a foreclosure sale. d. In the event that Town's Option to Purchase arises from default by Owner and not a foreclosure sale, the Town shall have the right to purchase the Property from the defaulting Owner for the purchase price originally paid by such Owner. e. The Town shall have the right to assign the Town's right to purchase the Property to any Qualified Owner provided that this Deed Restriction shall remain in effect and burden the Property. E Upon payment by Town or assigns, the Owner or purchaser in a foreclosure sale shall convey title to the Property by a special warranty deed in accordance with Colorado Page 6 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 Revised Statute §38 -30 -115 and shall include the words, "and warrant title against all persons claiming under me." g. Normal and customary closing costs shall be shared equally between the Owner and Town. The Owner shall be responsible, at its cost, for any and all title insurance fees, and the Town or Town's assigns shall be responsible for document fees, and recording fees of the deed. Taxes shall be prorated based upon the most recent mill levy and assessed valuation. h. If the Town does not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall be entitled to a release and termination of this Deed Restriction in accordance with Paragraph 9 above. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday or legal holiday recognized by the State of Colorado, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or legal holiday. C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction with the Clerk and Recorder's Office of Eagle County, Colorado and the original executed and recorded documents must be returned to the Town. Page 7 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 f. Assignment. The Town may assign this Deed Restriction and all of the Town's rights and obligations under this Deed Restriction, without consent of the Owner, to any other public entity, non - profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town's assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 1. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the intended recipient; or, by hand - delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, One Lake Street, Avon, CO 81620. Notices shall be provided to Owner to the mailing address of record according to the Eagle County Assessor's office or may be hand - delivered to any occupant at the Property who is over eighteen (18) years of age. [signature page follows] Page 8 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: IM [print name] STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2009, by My commission expires: TOWN OF AVON, CO: M , Mayor STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Notary Public Attest: Town Clerk Subscribed before me this _ day of ' 2009, by , as Mayor, and , as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. My commission expires: Notary Public Page 9 of 9 Town of Avon — Full -Time Resident Housing Deed Restriction February 16, 2010 TOWN OF AVON FULL TIME RESIDENT HOUSING DEED RESTRICTION NON -PRICE CAPPED THIS DEED RESTRICTION ( "Deed Restriction ") is made and executed this _ day Of 2N9201 0 by ( "Owner "), whose address is , for the benefit of the Town of Avon, a Colorado home rule municipality ( "Town "). WHEREAS, as a condition of a planned unit development amendment application submitted by _ in Gandorf Tract B, LLC, in 2009 to change the use of Tract B, Wildridge PUD, to allow two duplex lots for a total of four residential units (two duplexes) the Town Council of the Town of Avon required that one residential unit must be subject to and encumbered by a Full -Time Resident Housing Deed Restriction and which Property shall be burdened and restricted by covenants which limit the ownership and use of the residential unit to full -time residents of the Town of Avon, in accordance with the terms set forth in this Deed Restriction. NOW, THEREFORE, for value received, the Owner does hereby declare and impose the following covenants on the real Property described below, which covenants shall burden and run with the Property in perpetuity for the benefit of the Town until modified or released by the Town. COVENANTS 1. Property. The parcel of real estate described as ' according to the plat thereof recorded at in the office of the Eagle County Clerk and Recorder, Colorado ( "Property ") is hereby burdened with the covenants set forth in this Deed Restriction. The form of this Deed Restriction shall be recorded in the office of the Eagle County Clerk and Recorder with the approval of the planned unit development amendment for Tract B, Wildridge PUD. This Deed Restriction shall be executed by the Owner and recorded in the office of the Eagle County Clerk and Recorder as a condition to the issuance of a building permit for the third of the four residential units. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Full -Time Resident shall mean a natural person whe holds title te the Pr-epeFty and uses the Pr-epet4 thewith a primary — residence of sueh per-sen and -•hie in a particular jurisdiction. The primary residence status of such person shall be determined by the Town which may consider the rules for determining residence for voter registration purposes in the State of Colorado as set forth in Colorado Revised Statutes §1 -2 -102, and which primary residence status may be evidenced by voter registration, driver's license registration, motor vehicle registration, utility bills, federal and state tax returns, business pursuits, location of employment, residence of children and spouses, situs of personal property, existence of other Page 1 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction February 16.2010 residences and the amount of time spent at each residence, and other information which the Town deems is relevant to the determination of primary residence. b. Non - Qualified Owner shall mean any person who does not meet the definition of Qualified Owner including peFselxsAgy person who originally qualified as a Qualified Owner but whose circumstances change and who no longer meetmeets the definition of Qualified Owner. C. Owner shall mean the GwneFowner of 100% of the fee simple interest in the Property and may include either a Qualified Owner or Non - Qualified Owner, as the context requires. e-.d. Qualified Owner shall mean a natural person who, prior to owning; the Property, is a Full Time Resident of Eagle County, Lake County or Summit County Colorado and who upon taking title to the Property occupies and uses the Property as a Full -Time Resident within sixty 60 days of the Tewn thattaking title and who continues to occupy and use the Property as a Full -Time resident at all times thereafter except within ninety (90) sAys of the sale of the Property to a subsequent Qualified Owner, and who possesses eea 100% fee simple ownership interest in the Property in compliance with the terms and provisions of this Deed Restriction and whose qualifications to own the Property have been certified by the Town at the time the Owner takes title to the Property, or shall mean the Town of Avon, Colorado or its designee. Gandorf Tract B, LLC, and its assigns, shall constitute a Qualified Owner prior to the issuance of a Certificate of Occupancy and initial occupancy of the Property. , Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. Short Term Rental shall mean the rental or lease of the Property, or any portion of the Propei1y, for a period of time that is less than thirty (30) days. 3. Use of the Property. The use of the Property shall be limited to occupancy by a Qualified Owner, and those who share possession of the Property with a Qualified Owner, including immediate family members of a Qualified Owner, lessees and temporary invitees who do not provide compensation for temporary residence at the Property. meet the definitien of Full Time Resident(s) and is a Qualified Lessee fer- per-iods ef dik-ty (30) days er- le}�.� ll.,.,,,pan, y of the Prep fty by „ PaA Time Resident L ll t L 11 .1 ,1 "b� vvvurua is pFehibited. Use Use of Mportion of the Property as a Second Home or for Short Term Rental shall not be allowed and is prohibited. Any use of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained herein. Page 2 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction February 16 2010 4. Re -Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Paragraph 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the nameH of the buyer( and all information required to determine whether the buyer( ,,s` is ° F••" Time Resident and would meet the definition of Qualified Owner upon taking title to the Property. b. Buyer(9) shall submit an administrative fee in the amount of ONE HUNDRED AND FIFTY DOLLARS ($150.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Bttye:(9) meets the definifien of Full Time Resideibuyer would meet the definition of Qualified Owner upon taking title to the Pro e C. Once the Town has received complete information concerning the prospective RuyersHbuyers and has received the administrative fee, the Town shall review the information and make a written determination as to whether- the- beyer,(9) me definitien of Full Time Resident Qualified Owne ithin a reasonable time Jand not to exceed thirty (30) days) as to whether the buyer would meet the definition of Qualified Owner upon taking title to the Property. d. The Town may require the Ruyefbuyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a buyer'` ineets the de€xnifien- e€ Full Time Resident and would meet the definition of Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs. e. The Owner may sell and convey the Property to the Buyer-(s' any buyer that is determined in writing by the Town to be ° Full Time Resident � "would be a Qualified Owner upon taking title to the Property. 5. Default by Owner. A default by Owner shall include breach of g&y of the covenants set forth in this Deed Restriction, including without limitation any -ethe following: a. Transfer or conveyance of any ownership interest in the Property to a person or entity that is not a Qualified Owner. b. Acceptance of any ownership interest in the Property by a person or entity that is not a Qualified Owner. C. Transfer or conveyance of any ownership interest in the Property to a person-gLLntily who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. LeaseUse of any portion of the Property teas a per-so L.-.Second Home or entity theA is not e Full Time Re &ide ~'for Short Term Rental. Page 3 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction wi_..,,_.hPF " . e rues: 1 §, 207.0 e. Lease of the Property te per-son whe is a Full Time Resident prier te ebtai i _ eertifieatien &era the Tewn that sueh persen is a Full Time Resident and Qualifie Lesseewhich provides for complete possession in a person other than the Owner. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property. g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with an indebtedness or obligation that exceeds eighty-five (850-0) of the loan tefair market value--fft4a of the Property at the time of executing such deed of trust, lien or other encumbrance. h. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. i. Failure of the Qualified Owner to occupy and use the Property as a Full -Time Residence in accordance with the terms of this Deed Restriction or failure of the Owner to otherwise meet the definition of a Oualified Owner. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty five (65) days for the Owner to cure such default. The notice shall state that the Owner may request in writing a hearing before the Town Council of the Town which may be held no sooner than ten (10) days after the date of mailing the notice of default. If no hearing is requested in writing and the violation is not cured within sixty-five (65) days after the date of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If a hearing is held, the decision of the Town Council of the Town shall be final for the purpose of determining if a violation has occurred. In the event of any lease to a Part T:,....° Reside sideirr:,r use of the Property as a Sheri Term Reno tin violation of this Deed Restriction, any amounts collected or receipt of other things of value by the Owner or assigns der- attributable to such leases or uses shall be paid to the Town as a material requirement of curing the ef default. 7. Remedies. In the event of non - performance, default or breach of any term of this Deed Restriction, either party shall have the right to enforce the other party's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In the event of non - performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to exercise the Option to Purchase set forth in Paragraph 10 below. In addition, any amount due and owing to the Town shall bear interest at the rate of one percent (1 %) per month, compounded monthly, until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited attorney's fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien as a general mechanic's lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Title 38, Page 4 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction Article 22, and the Owner expressly waives any objection to the attachment of a lien or enforcement as a general mechanic's lien for amounts due to the Town. In the event of a transfer or conveyance of any interest in the Property which violates the terms of this Deed Restrictions and constitutes a default, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a default by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount etermined by multiplylg the most recent fair market value valuation of the Property by the Eagle County Assessor by an eighteen percent (18 %)penalty rate and dividing that hat product by 365 days and that amount shall be payable per day for each day that the Owner is in default of this Deed Restriction and has failed to cure the default. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Paragraph 97 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease to a Da4 Time Rest e fft or use of the Property as a Shei4 Tee T' °^`'which is in violation of this Deed Restriction, any amounts collected or receipt of other things of value by the Owner or assigns under such leeseslease or use shall be paid to the Town as additional liquated damages awe and in addition to the amounts specified in Paragraph 7 above. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. In the event of foreclosure ^ . tanee of a deed in lieu of f Feeles•• t by the holder of a deed of trust that is a bona fide arms - length lender to the Owner, this Deed Restriction shall be automatically and permanently released and terminated and shall be of no further force and effect if, and only if, the conditions in this Paragraph 4-99 are satisfied. In the event of release and termination of the Deed Restriction, the Town, or its authorized successor, shall cause to be recorded in the records of the Clerk and Recorder for Eagle County, Colorado, a full and complete release of this Deed Restriction. The conditions which must be satisfied prior to the release and termination of the deed weed Restriction shall be as follows: a. The deed of trust, lien or other encumbrance against the Property must have previously been recorded in the Clerk and Recorder's Office of Eagle County, Colorado. and, b. The holder of the deed of trust, lien or other encumbrance has given to the Town notice of Owner's default of the deed of trust or lien, which includes: i. The legal description and physical address of the Property; ii. Teethe Owner's name; Page 5 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction - --`-- " 24 February 16. 2010 iii. Thethe name, mailing address, e-mail address, phone number and contact person of the holder of the deed of trust or lien; iv. Aa copy of the recorded deed of trust, lien or other instrument creating an encumbrance on the Property; -aad; V. Eepiescopies of any and all notices of default, notice of foreclosure or correspondence between the holder of the deed of trust or lien and the Owner. -: and, A an affidavit from the holder of the Deed of Trust that the loan secured by the Deed of Trust was a bona fide, arms - length loan to the Owner, that no owner, partner, member or principal of the lender is a member of the Owner's family or an affiliate of the Owner, and that the release of the Deed Restriction is not one of the primary purposes of the foreclosure, and, C. The deed of trust, lien or other encumbrance placed on the Property a4a aet ° ° ° ° °' eighty five pe eR4 (85%) e f the lea to . °,,,° r-atie of the PFepe T, when considered with all existing deeds of trust, liens or other encumbrances at the time of recording such document, did not exceed eighty -five percent (85 %) of the fair market value of the Pro e and, d —The Option Period as set forth in Paragraph 4410 below has expired without exercise of the Option to Purchase by the Town or assigns; or, •. die the Town has exercised the Option to Purchase but failed to close or perform under the Option to Purchase in accordance with the terms set forth in Paragraph 10 below. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of trust or other encumbrance as provided in Paragraph 4-99 above (whichever is earlier), the Town shall have the option to purchase ( "Option to Purchase ") the Property in accordance with the procedures and terms set forth in this Paragraph 44-10 as follows: a. The Town shall have an Option to Purchase during the following times Period ") and upon occurrence of the following events: L During any period which the Owner has defaulted under this Deed Restriction and has failed to cure such default within the cure period• or, Page 6 of 10 Town of Avon - Full -Time Resident Housing Deed Restriction November„, 4009 February 16, 2010 *di. for sixty -five (65) days Per-ied").-after title to the Property is transferred in a foreclosure of a Deed of Trust or other encumbrance or transferred by a Deed in Lieu of Foreclosure or other instrument. b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. C. The Town shall have the right to purchase the Property €effrom the sinew -ale tepurchaser in a foreclosure sale or from the hoWeisholder of any nd w& he deed of trust; liens ef ether- eneumbfimees up te the intmiffmin ametia4 defined in Par-agfeiph 6.g. above—, whirl- «ts shall be paid ..,.,tit,- of ,-;ty of the 1, 1,7 1 h deeds f t.. � .. aaa..aa ataaav waw oaauu vv Yuan ua vaaava va Yiavauy , liens ef ether- eneumbfanees pr-evided that this Deed Restfietien shall femain in effeet an bufden who has acquired the Property of of aeqttisi6e* through foreclosure in the amount which is the lesser of the purchase price originally paid by the Owner or the amount sold to a purchaser in a foreclosure sale. e.d. In the event that Town's Option to Purchase arises from default by Owner and not a foreclosure sale, the Town shall have the right to a subse"ent Qaali ner for the purchase price originally paid by such Owner. die. The Town shall have the right to assign the Town's right to purchase the Property to any Qualified Owner provided that this Deed Restriction shall remain in effect and burden the Property. Upon payment by Town or assigns, 9wger-the Owner or purchaser in a foreclosure sale shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38 -30 -115 and shall include the words, "and warrant title against all persons claiming under me." Normal and customary closing costs shall be shared equally between the Owner and Town ._ The caner shall be responsible, at its cost, for any and all title insurance fees, and the Town or Town's assigns shall be responsible for document fees, and recording fees of the deed. Taxes shall be prorated based upon the most recent mill ley and assessed valuation. 11. If the Town does not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall be entitled to a release and termination of this Deed of Tmst in oeeefdanee with agmph 10a eve I the vent that T, Opfien te Purehase afises ft° a default by Ouma and net a fi f f 1 nntiee e f de f tilt sttt,,.,.:at °.t by the i.,.1der- e f .. deed e f trust t,. the T then the Tew aa....avv va uvauuat .. �avaau «vu v� uav aavauva v , may iinilnt^ .11J extend the Opt:.. D°,:vu u a tz sueh time as T , •, emefeise the Opfien Opt' t° Ptifehase the Owner- etifes my and all defaults.-Restriction in accordance with Paragraph 9 above. Page 7 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction - - -` -- 1 ; 2009 February 16, 2010 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday or legal holiday recognized by the State of Colorado, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or legal holiday. C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction inwith the Clerk and Recorder's Office of Eagle County, Colorado and the original executed and reeeMrecorded documents must be returned to the Town. L Assignment. The Town may assign this Deed Restriction and all of the Town's rights and obligations under this Deed Restriction, without consent of the Owner, to any other public entity, non - profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. Page S of 10 Town of Avon — Full -Time Resident Housing Deed Restriction February 16.2010 i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town's assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 1. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the intended recipient; or, by hand - delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, One Lake Street, Avon, CO 81620. Notices shall be provided to Owner atto the mailins; address provided byof record according to the Eagle County Assessor's office or may be hand - delivered to any occupant at the Property who is over eighteen (18) years of age. [signature page follows] Page 9 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction "'-° --`-- " 2009 February 16 MIA IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year fast written above. OWNER: [print name] STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2009, by My commission expires: Notary Public TOWN OF AVON, CO: By: Attest: Mayor STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) , Town Clerk Subscribed before me this _ day of , 2009, by , as Mayor, and , as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. My commission expires: Notary Public Page 10 of 10 Town of Avon — Full -Time Resident Housing Deed Restriction 17., 2009 February 16, 2010 Memo To: Honorable Mayor and Town Council Thru: Lary Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Manager /Director of Community Development From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Engineer II Date: February 16, 2010 Re: Resolution No. 10 -04, Approving the Final Plat, A Resubdivision of Lot 12, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado (4123 Little Point) Summary: The applicant, Advance Home Technologies, owner of a duplex structure at 4123 Little Point, has submitted a Final Plat to resubdivide Lot 12, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 12, Block 3, Wildridge into two distinct lots, Lot 12N and Lot 12S. The party wall agreement and declarations have been referred to Eric Heil. The Final Plat is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 10 -04 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. 10 -04, Series of 2010, A Resolution Approving the Final Plat, A Resubdivision of Lot 12, 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. 10 -04, Series of 2010, A Resolution Approving the Final Plat, A Resubdivision of Lot 12, 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 Comments: Attachments: Exhibit A Resolution 10 -04, Series of 2010 Exhibit B Final Plat, A Resubdivision of Lot 12, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado Initials EXHIBIT A TOWN OF AVON RESOLUTION NO. 10 -04 Series of 2010 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 12, A RESUBDIVISION OF LOTS 12 AND 13, BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Advanced Home Technologies, a Colorado limited liability company, submitted a Final Plat for A Resubdivision of Lot 12, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado, located at 4123 Little Point; 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 Lot 12, 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 DAY OF , 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty Bierle- McKenny Town Clerk 0' 3 O O v �1n 3 O fY L.7 Of SUBJECT SITE C T4S T5S WHITE RIDER NATIONAL FOREST 20' 40' SCALE� SET PIN 6 ALUM CAP LS /30116 60' 1 SEC. 35 SEC, 36 R82W R82W WILDRIDGE LJ SUBDIVISION LOT 12S /-J qR VICINITY MAP ^ SCALE: 1 "=1000' V LOT 13 EXHIBIT B FINAL PLAT A RESUBDIVISION OF LOT 12 A RESUBDIVISION OF LOTS 12 AND 13, BLOCK 3, WILDRIDGE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO pO/IVT i50' R 0. lC, g 1 ,ACCESS EASEMENT FOR THE BENEFIT UE LOT 17 1 BENEFIT 200821796 1 1 I 1 1 LOT 14 I ACCESS EASEMENT FOR THE BENEFT Or LOT 13 CREATED BY THIS PLAT F.D. RN e I ALUM. CAP UTILITY A LS/30116 DRAINAGE 10 145,17' 31.45 EASEMENT : 2oo821796 N 80'37 E 'T I t 1 ASPHALT LT _ SPHALT I LOT 12N I02381 ACRES I 1 I _ � 4123n 111 I I1 S 80'37'10• W W,OS' FND RN A I 20 82 _ 1 RED PLASTIC CAP a- O8R3'I6' LS /26626 L-25.64' L R- I75.00' _ T - 12 85' C LEN - 25.6r BRG -N 07'428--23- 4'23' W W 72,27' 1 I S �3y10 I ACCESS EASEMENT FOR THE I BENEFIT OF LOT 12N 1aa' �` 4, 34'22'39" \ R- 175.00' L- 105.00' T -54.IS BRG= N20'47'48 "W C LEN - 103.43' SLOPE MAINTENANCE. DRAINAGE @ SNOW STORAGE EASEMENT 8330. P78 - EAGLE - VALLEY - SURVEYING :INC.- P a BOX 1230 EDWARDS, Co 81632 ACCESS EASEMENT FOR THE BENEFIT OF LOT 125 CREATED BY THIS PLAT �gy Z 4 ,TIUTY A DRAINAGE - EASEMENT / 6330, 178 FND. RN A YELLOW PLASTIC CAP LS /5447 NOTES: 1) Dale of Survey November, 2009. 2) Monumentotion as shown on drowing. 3) Basis of bearings is o Line connecting found monuments orking the easterly line of Lot 12 being 509'22'50 "E (as shown and described hereon). 4) Not According to Colorado low you must commence any legal action based upon any defect in this survey within three years alter 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 dote of the certification show her eon, 5) Addresses ore far informational purposes only and may be subject to change. Please verily addresses with the Town of Avon. 6) First American Heritage Title Company Commitment No. 615- 60211596- 610 -ETO doted June 5; 2008 was used for all easement and title information. 7) Protective Covenants ore recorded at Reception No. 226480 8) The lots created by this plot may not be converted into timesharing units. 9) Lot l2N and 12S ore subject to o Party Woll Agreement recorded under Reception No. ______________ _ _ __ 10) Per Section 38 -51 -105 of the, Colorado Revised Stotules, "The corners al each lot shg11 be marked thin ane year of the effective date of the soles contract. To be provided by the seller of the lot. tract or parcel. LAND USE SUMMARY LOT AREA (acres) USE DWELLING UNITS ADDRESS 12N 0.2381 Residentiol -t /2 Duplex t 4123N Lillie Point 125 0.2077 Residentiol -1/2 Oupiex I 41235 Little Point TOTAL 0.4458 CERTIFICATION OF DEDICATION AND OWNERSHIP Know all men by these presents that Advonced Home Technologies, o Colorado limited liability company, being sole owner(s) in lee simple of oil that real properly described as follows: Lot 12, A Resubdivision of Lot 12 and l3, Black 3. Wildridge according to the plot thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, containing 0.4458 acres, more or less, has by these presents laid out., piolled and subdivided the some into Lots as shown hereon and designate the some as A Resubdivision of Lot 12, A Resubdivision of Lots 12 and l3, Block 3. Wildridge. Town of Avon, County al Eagle, Stole of Colorado and dedicate for public use the streets shown herein including ovenues, drives, boulevards. tones, courts and olleys to the Town Of Avon; and the utility and drainage easements shown hereon for utility and drainage purposes only, and do further slate that this subdivision sholl be subject to the Protective Covenants, filed and recorded for this Subdivision in the Office of the Clerk and Recorder of Eagle County, Colorado, as Document Number Executed this ----- day ol___________ __, A.O., 20 OWNER: Advanced Home Technologies, o Colorado limited liability company 4080 Wildridge Rd. Avon, CO. 81620 By_______________________ As: STATE OF ______ ____________) )SS COUNTY OF ) The foregoing Dedication was acknowledged before me this - - -_ day of ----------- 20 -- by --------- - - - - -- as: _________ _ of Advanced Home Technologies, o Colorado limited liability company. My commission expires: ------------ Witness my hand and seal Notary Public TOWN CERTIFICATE This Plot. including vocation of any lot lines, easements and fights of way. previously dedicated and not dedicated hereon, is approved by the Town Council of the Town of Avon. County of Eagle. Stale of Colorado this ___- doy of -------------- 20__. A.D., for filing with the Clerk and Recorder of the County of Eagle ontl for conveyance to the Town of the public dedications shown hereon, the some to supercede the prior Plat, subject to the provision ihot oppravol in no way obligates the Town of Avon for financing or construction of improvements on longs, 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 hove been completed to the solisfaction of the Town Council. Approval of this plot by the Town is consent only and is not to be construed as on approval of the technical correctness of this plot or any documents relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By____________ __________ Mayor Attest _____lerk ____ _____________ ________ Town C TITLE INSURANCE COMPANY CERTIFICATE First American Heritage Title Company does hereby certify that it has examined the title to all lands shown up On this plot . and that title to such lands is vesled in: Advanced Home Technologies. a Colorado limited liability company free and clear of all liens, encumbrances, taxes and assessments except as follows: First American Heritage Title Company By___________ _____________ As: SURVEYOR'S CERTIFICATE 1, Michael J. Post, do hereby certify that I am o Professional Land Surveyor licensed under the lows of the Stole of Colorado, that This Plot is o true, correct and complete P1al of A Resubdivision of Lot 12. A Resubdivision of Lot and t3, Block 3, Wildridge as laid out, platted, dedicated and shown hereon, that such Plat was made from on accurate survey of said properly by me and under my supervision and correctly shows the location and dimensions of the lots. easements and streets of said subdivision as the some were stoked upon the ground in compliance with applicable regulations governing the subdivision of land, All monuments were set as required by the Subdivision Regulotions monuments Town of Avon. In witness whereof I hove set my hand and seal this _____ day of ______________________ . A.O.. 2010. ----------------------- Michoel J. Post Colorado PLS 30116 CERTIFICATE OF TAXES PAID I, the undersigned. do hereby certify that the entire amount of taxes and assessments due and payable as of ______ ___ upon all parcels of real estate described on this plot ore poid in full. Doled this _________doy of _____ ______A.D. 20_. -------------------------- Treasurer of Eagle County CLERK AND RECORDER'S CERTIFICATE This Plot was filed for record in the Office 01 the Clerk and Recorder at ----- o'clock ------ ----- ---- - - - --- AD, 20__ and is duly recorded as Reception Number ______________ Clerk and Recorder By______________________ Deputy 1 CREATED BY IS PLAT I LJ t LOT 12S /-J 0- 23'56'33' 02077 ACRES 41235 // / L-79 36' / R- 17 5.0o 0' T-40,37' C LEN - 78.66' >/ / BRG-N 24'59'42' w I SETBACCu c 'c 6�A5 LOT 11 \ / / UTILITY A DRAINAGE EA5EMENT 8330. P78 I WORD FN D PIN ALUM CAP LS/26598 TIE WALL ACCESS EASEMENT FOR THE BENEFIT OF LOT 125 CREATED BY THIS PLAT �gy Z 4 ,TIUTY A DRAINAGE - EASEMENT / 6330, 178 FND. RN A YELLOW PLASTIC CAP LS /5447 NOTES: 1) Dale of Survey November, 2009. 2) Monumentotion as shown on drowing. 3) Basis of bearings is o Line connecting found monuments orking the easterly line of Lot 12 being 509'22'50 "E (as shown and described hereon). 4) Not According to Colorado low you must commence any legal action based upon any defect in this survey within three years alter 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 dote of the certification show her eon, 5) Addresses ore far informational purposes only and may be subject to change. Please verily addresses with the Town of Avon. 6) First American Heritage Title Company Commitment No. 615- 60211596- 610 -ETO doted June 5; 2008 was used for all easement and title information. 7) Protective Covenants ore recorded at Reception No. 226480 8) The lots created by this plot may not be converted into timesharing units. 9) Lot l2N and 12S ore subject to o Party Woll Agreement recorded under Reception No. ______________ _ _ __ 10) Per Section 38 -51 -105 of the, Colorado Revised Stotules, "The corners al each lot shg11 be marked thin ane year of the effective date of the soles contract. To be provided by the seller of the lot. tract or parcel. LAND USE SUMMARY LOT AREA (acres) USE DWELLING UNITS ADDRESS 12N 0.2381 Residentiol -t /2 Duplex t 4123N Lillie Point 125 0.2077 Residentiol -1/2 Oupiex I 41235 Little Point TOTAL 0.4458 CERTIFICATION OF DEDICATION AND OWNERSHIP Know all men by these presents that Advonced Home Technologies, o Colorado limited liability company, being sole owner(s) in lee simple of oil that real properly described as follows: Lot 12, A Resubdivision of Lot 12 and l3, Black 3. Wildridge according to the plot thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, containing 0.4458 acres, more or less, has by these presents laid out., piolled and subdivided the some into Lots as shown hereon and designate the some as A Resubdivision of Lot 12, A Resubdivision of Lots 12 and l3, Block 3. Wildridge. Town of Avon, County al Eagle, Stole of Colorado and dedicate for public use the streets shown herein including ovenues, drives, boulevards. tones, courts and olleys to the Town Of Avon; and the utility and drainage easements shown hereon for utility and drainage purposes only, and do further slate that this subdivision sholl be subject to the Protective Covenants, filed and recorded for this Subdivision in the Office of the Clerk and Recorder of Eagle County, Colorado, as Document Number Executed this ----- day ol___________ __, A.O., 20 OWNER: Advanced Home Technologies, o Colorado limited liability company 4080 Wildridge Rd. Avon, CO. 81620 By_______________________ As: STATE OF ______ ____________) )SS COUNTY OF ) The foregoing Dedication was acknowledged before me this - - -_ day of ----------- 20 -- by --------- - - - - -- as: _________ _ of Advanced Home Technologies, o Colorado limited liability company. My commission expires: ------------ Witness my hand and seal Notary Public TOWN CERTIFICATE This Plot. including vocation of any lot lines, easements and fights of way. previously dedicated and not dedicated hereon, is approved by the Town Council of the Town of Avon. County of Eagle. Stale of Colorado this ___- doy of -------------- 20__. A.D., for filing with the Clerk and Recorder of the County of Eagle ontl for conveyance to the Town of the public dedications shown hereon, the some to supercede the prior Plat, subject to the provision ihot oppravol in no way obligates the Town of Avon for financing or construction of improvements on longs, 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 hove been completed to the solisfaction of the Town Council. Approval of this plot by the Town is consent only and is not to be construed as on approval of the technical correctness of this plot or any documents relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By____________ __________ Mayor Attest _____lerk ____ _____________ ________ Town C TITLE INSURANCE COMPANY CERTIFICATE First American Heritage Title Company does hereby certify that it has examined the title to all lands shown up On this plot . and that title to such lands is vesled in: Advanced Home Technologies. a Colorado limited liability company free and clear of all liens, encumbrances, taxes and assessments except as follows: First American Heritage Title Company By___________ _____________ As: SURVEYOR'S CERTIFICATE 1, Michael J. Post, do hereby certify that I am o Professional Land Surveyor licensed under the lows of the Stole of Colorado, that This Plot is o true, correct and complete P1al of A Resubdivision of Lot 12. A Resubdivision of Lot and t3, Block 3, Wildridge as laid out, platted, dedicated and shown hereon, that such Plat was made from on accurate survey of said properly by me and under my supervision and correctly shows the location and dimensions of the lots. easements and streets of said subdivision as the some were stoked upon the ground in compliance with applicable regulations governing the subdivision of land, All monuments were set as required by the Subdivision Regulotions monuments Town of Avon. In witness whereof I hove set my hand and seal this _____ day of ______________________ . A.O.. 2010. ----------------------- Michoel J. Post Colorado PLS 30116 CERTIFICATE OF TAXES PAID I, the undersigned. do hereby certify that the entire amount of taxes and assessments due and payable as of ______ ___ upon all parcels of real estate described on this plot ore poid in full. Doled this _________doy of _____ ______A.D. 20_. -------------------------- Treasurer of Eagle County CLERK AND RECORDER'S CERTIFICATE This Plot was filed for record in the Office 01 the Clerk and Recorder at ----- o'clock ------ ----- ---- - - - --- AD, 20__ and is duly recorded as Reception Number ______________ Clerk and Recorder By______________________ Deputy Memo To: Honorable Mayor and Town Council In! ials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Manager /Director of Community Development From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Engineer II Date: February 16, 2010 Re: Resolution No. 10 -05, Approving the Final Plat, A Resubdivision of Lot 13, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado (4121 Little Point) Summary: The applicant, Advance Home Technologies, owner of a duplex structure at 4121 Little Point, has submitted a Final Plat to resubdivide Lot 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 13, Block 3, Wildridge into two distinct lots, Lot 13N and Lot 13S. The party wall agreement and declarations have been referred to Eric Heil. The Final Plat is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 10 -05 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. 10 -05, Series of 2010, A Resolution Approving the Final Plat, A Resubdivision of Lot 13, 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. 10 -05, Series of 2010, A Resolution Approving the Final Plat, A Resubdivision of Lot 13, 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 Comments: 0 h\ , 6 1 l Attachments: Exhibit A Resolution 10 -05, Series of 2010 Exhibit B Final Plat, A Resubdivision of Lot 13, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado EXHIBIT A TOWN OF AVON RESOLUTION NO. 10 -05 Series of 2010 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 13, A RESUBDIVISION OF LOTS 12 AND 13, BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Advanced Home Technologies, a Colorado limited liability company, submitted a Final Plat for A Resubdivision of Lot 13, A Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado, located at 4121 Little Point; 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 Lot 13, 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 DAY OF ATTEST: Patty Bierle- McKenny Town Clerk , 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 6- 01'04'46" R. 775.00' L- 14.61' T =7.30' BRG =Si B'00'53'W C LEN - 14.60' SLOPE MAINTENANCE, FND PIN k RED DRAINAGE k SNOW PLASTIC CAP STORAGE EASEMENT LS126626 8330, P78 FND PIN a RED PLASTIC CAP LS /26626 SLOPE MANTENANCE DFMNAGE a SNOW STORAGE EASEMENT 8330. P]8 A =2210'45' R=32500' L= 125.61' T= 63.70' BRG= N07-26'54 C LEN - 125.02' 3 O K O v F- �N.I 3 Q O (it_' iND RN k RED W PLASTIC CAP , QLS126626 3 u m i N e SET RN h ALUM CAP LS13DI 16 SEC. 36 R82W VICINITY MAP SCALE: 1" =1000' urrte PoffNr \ S74.71'27 C r (50 R. 0. W..) 1x10' 08.0p• ASPHALT BDILDING DRIB 21.27' /SETBACK 8330. P78 \ FINAL PLAT A RESUBDIVISION OF LOT 13 A RESUBDIVISION OF LOTS 12 AND 13, BLOCK 3, WILDRIDGE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO ALL. CAP \ WM CAP LSJ544] ACCESS EASEMENT FOR _ THE BENEFIT LOT 13S RN 200821]96) & LOT 14 i� THE BENEFIT OF LOT 13N CREATED BY THIS PLAT \ _J_ ti A 1�\I / Know all men by these presents that Advanced Home EASE ENT FN. 8330. P78 r 0.02'35'lY L.14.68' I R.32s.00• L., LOT 135 LOT 13N L TI x 1 J 0.2630 ACRES 412tH T II� I f 1 _n1 1 SEIiLD-C ACCESS EASEMENTOFOR RJI� THE BENEFIT OF LOT "S 1" 1 CREATED BY THIS PLAT. 1 IJ rr_ A -HALT 0.19'35'28' 1 ;g 20.00 DRrvE 8.325.00' r 74.60' ' T.5611' 1 S 8(T 37'TO'Nq 1 1 BRG M 10B'4fi9J /'JS 0,}050 E j 80.37 1 'R 64.44' S ACCESS EASEMENT FOR FINAL PLAT A RESUBDIVISION OF LOT 13 A RESUBDIVISION OF LOTS 12 AND 13, BLOCK 3, WILDRIDGE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO ALL. CAP \ WM CAP LSJ544] ACCESS EASEMENT FOR _ THE BENEFIT LOT 13S RN 200821]96) & LOT 14 i� THE BENEFIT OF LOT 13N CREATED BY THIS PLAT �� UTILITY 1, DRAINAGE r 1 1 �1J Know all men by these presents that Advanced Home EASE ENT FN. 8330. P78 r 0.02'35'lY L.14.68' I R.32s.00• L., LOT 135 ° r 11 ACCESS EASEMEI FOR THE BENEFI' RN 200821 796 7.].34' 1 02048 ACRES ACCESS EASEMENT FOR THE BENEFIT OF LOT 12 CREATED BY THIS PLAT C LEN -1468, sale awner(s.) in fee simple all that real properly that title to such lands is vested in: BRG -N D218' 51, IW 41215 O described as follows: (os shown and described hereon ). Tree and clear of all liens, encumbrances. loxes and assessments 1 Lot 13, A Resubdivisian Lots 12 and 13, Block 3, Wildridge FND. PIN k BUILDING 2'— according to the plot thereof retarded in the office of the ALUM. CAP SETBA CK 8330. P]8 \- �') Eagle County, Colorado, Clerk and Recorder, containing LS /J011fi _ 10.0' ASPHALT J '45.A 7' DRIVE 0.4678 acres. more or less. _ r 5 }j 10-W rti Cefication show hereon 5) Addresses are for informatlonol purposes only and may be has b these subdivided the Y Presents laid out, plaited and ____________________________________________________- subject to change. Please verify addresses with the Town IUTILITY DRAINAGE of Avon. Resubdivisian of Lot 13, A Resubdivisian of Lots 12 and 13, EASNT E SEMEEME R. N.200821796 6) First American Heritage Title Company Commitment No. 615- Block 3. Wildridge. Town of Avon. County of Eagle. Stole of LOT 12 I H0211 596- 610 -Ei0 doted June 5. 2008 was used for all easement Colorado and dedicate for public use the streets shown EAGLE- VALLEY_SURV EYING -INC: P a BOX 12M EDWARDS. Co 81632 0' 20' 40' 60' SCALE 1' =20' EXHIBIT B NOTES: CERTIFICATION OF DEDICATION AND OWNERSHIP TITLE INSURANCE COMPANY CERTIFICATE 1) Date of Survey: November, 2009. Know all men by these presents that Advanced Home First American Heritage Title Company does hereby certify that 2) Monumentation as shown on drawing. 3) Basis bearings is line found Technologies, o Colorado limited liability company, being it it has examined the title to oil lands shown upon this plot and of a connecting monumen is "E sale awner(s.) in fee simple all that real properly that title to such lands is vested in: marking the easterly line of Lot 13 being 59'22'50 described as follows: (os shown and described hereon ). Tree and clear of all liens, encumbrances. loxes and assessments 4) Notice: According to Colorado low you must commence any Lot 13, A Resubdivisian Lots 12 and 13, Block 3, Wildridge except as follows: legal action based upon any defect in this survey within according to the plot thereof retarded in the office of the ----------------------------------------------------- three years after you first discover such defect In no Eagle County, Colorado, Clerk and Recorder, containing event. may any action hosed upon any defect in this survey be commenced more than ten years from the dole of the 0.4678 acres. more or less. _______. _ .. _. _ --------------- ---------------------- rti Cefication show hereon 5) Addresses are for informatlonol purposes only and may be has b these subdivided the Y Presents laid out, plaited and ____________________________________________________- subject to change. Please verify addresses with the Town same into Lots as shown hereon and designate the some as A of Avon. Resubdivisian of Lot 13, A Resubdivisian of Lots 12 and 13, ----------------------------------------------------- 6) First American Heritage Title Company Commitment No. 615- Block 3. Wildridge. Town of Avon. County of Eagle. Stole of H0211 596- 610 -Ei0 doted June 5. 2008 was used for all easement Colorado and dedicate for public use the streets shown ontl title information herein including ovenues, drives, boulevards. (ones, courts 7) Protective Covenants ore recorded of Reception No 226480. and all to the Town of Avon; and the utility and ----------------------------------------------------- 8) The lots created by This plot may not be converted into timesharing units. drainage easements shown hereon for utility and drainage purposes only, and do further slate that this subdivision First American Heritage Title Company sholl be subject l0 the Protective Covenants, filed and 9) L 13N and 13S ore subject to O Party Wall Agreement recorded under recorded for this Subdivision in the Office of the Clerk By------------------------ Reception No. __________________ and Recorder of Eagle County. Colorado, as Document Number 10) Per Section 38 -51 -105 of the Colorado Revised Slotules, "The corners As: ------------------------ of each lot shall be marked within one year of the effective dole of the soles contract." To be provided by the seller of the lot. tract or parcel Executed this - - - -- day of-------- - - - - -, A.D.. 20 -_ SURVEYOR'S CERTIFICATE OWNER: LAND USE SUMMARY Advonced Home Technologies, I, Michael J. Post, do hereby certify that I am o Professional Y Y a Colorado I'miletl liability company Land Surveyor licensed under the lows of the Stole of Colorado, LOT AREA (acres) USE DWELLING UNITS ADDRESS 4080 Wildridge Rd. Avon, CO. 81620 that this Plot is o true, correct and complete Plot of A P BY Resubdivisian of Lot t3. A Resubdivision of Lots 12 and 13. 13N 0.2630 Residential -1/2 Duplex 1 4121N Little Point 13S 0.2048 Residenliol -1 2 Duplex 1 41215 Little Point / _________________ _ _ _ _ __ As.----------------- Block 3. Wildridge as laid out, plotted, dedicated and shown hereon, that such Plat was mode from an occurate survey of said TOTAL 0.4678 - - - - -- STATE OF properly by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of ------------- - - - - -) )SS said subdivision as the some were stoked upon the ground in COUNTY OF compliance With applicable regulations governing the subdivision ------------ - - - - -) of land. All monuments were set as required by the Subdivision Regulations of the Town aJ Avon. The foregoing Dedication was acknowledged before me this In witness whereof I have set my hand and seal this _____ day of _____ day o ----------- __ by .................... Os:____ _____ ________ ___________ of Advanced Home _________________ A.D.. 2010. Technologies, a Colorado limited liability company. 4T LOT 12 My commission expires:------ - - - - -- _____________ Michael J. Past Witness my hand and seal Colorado PLS 30116 _______________ Notary Public CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that The entire amount of TOWN CERTIFICATE toxes and assessments due and payable as of ------ -_ upon all parcels of real estate described on this plat ore paid in full. This Plot, including vocation of any lot lines, easements and rights of way, previously dedicated and not dedicated hereon, is Dated this -- - - - - -- -day of ------------- - - - - -A D 20-_ approved by the Town Council of the Town of Avon. County of Eagle. State of Colorado this - - - -- day of ------------------ ___________--------------- 20__. A.D.. (or filing with the Clerk and Recorder of the County Treasurer of Eagle County of Eogle and for conveyance to the Town of the public dedications shown hereon, the some l0 supercede the prior Plot. subject to the provision that approval in no way obligates the Town of Awn for financing or construction of improvements on lands, streets or easements dedicated except as specificolly agreed to by the Town Council and further that said approval CLERK AND RECORDER'S CERTIFICATE LOT 12 shall in no way obligate the Town of Avon for mointen once of streets until construction al improvements thereon sholl have This Plat was filed for record in the Office of the Clerk and been completed to the satisfaction of the Town Council, Approval Recorder at o'clock A.D.. 20__ and of this plat by the Town is consent only and is not la be _ - - -- - - - -- --------------- construed as an approval of the technical correctness of this is duly recorded as Reception Number ______________ plot or any documents relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: ------------------- - - - - -- Clerk and Retarder TOWN COUNCIL OF THE TOWN OF AVON By. ___ - - - - --_____________ B Oepuly Mayor Attest: ------------------------------ Town Clerk Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor & Town Council Larry Brooks, Town Manager Eric Heil, Town Attorney Meryl D. Jacobs, Director of Recreation Meryl D. Jacobs, Director of Recreation John Curutchet, Recreation Superintendent February 17, 2010 Resolution No. 10 -6 approving lease form for the ARC Summary: Attached for approval is Resolution No. 10 -6, which approves the enclosed lease form and authorizes the Town Manager to execute the lease with a physical therapy service provider for a term not to exceed one year. Previous Council Action: On February 9"' staff presented council with a physical therapy lease option at the ARC. The following schedule was recommended by staff and approved. Feb 9 Council approval of concept Feb 23 Council approval of resolution and lease form Feb 26 Invitation to bid March 8 Pre -bid meeting April 5 Award bid April 6 -30 Layout developed May 2 -8 Construction June 1 Lease begins Recommended Action: Staff recommends that council adopts Resolution No. 10 -6, as written. Proposed Motion: I move to adopt Resolution No. 10 -6, a resolution that authorizes the Town Manager to execute the attached lease form with a physical therapy provider for a lease term not to exceed one year. Town Manager Comments: Attachments: A. Resolution No. 10 -6 B. Lease form/agreement TOWN OF AVON RESOLUTION NO. 10 -06 A RESOLUTION APPROVING A LEASE FORM FOR THE AVON RECREATION CENTER WHEREAS, the Town Council finds that renting a portion of the Avon Recreation Center to a physical therapy service provider will enhance the community benefits of the Avon Recreation Center and will generate rent revenues to help financially support the Avon Recreation Center; and, WHEREAS, section 2.1(a) of the Town of Avon Home Rule Charter provides that the Town may hold and enjoy real property, and §31- 15- 713(1)(c) provides that a municipality may lease property for a period of one year or less by resolution; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON that the attached Avon Recreation Center Lease Form is hereby approved and that the Town Council further resolves to authorize the Town Manager to execute the attached Avon Recreation Center Lease Form with a physical therapy service provider for a lease term not to exceed one year. ACCEPTED, APPROVED AND ADOPTED on February 23, 2010. AVON TOWN COUNCIL L-In [Seal] Attest: Patty McKenny, Town Clerk A fist h rh,e 14t /} Ronald C. Wolfe, Mayor LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease ") is made and entered into as of , 2010 by and between the Town of Avon, a Colorado home rule municipality ( "Lessor ") and ( "Lessor ") and , ( "Lessee ") (collectively, the "Parties "), for the operation of a rehabilitation facility within a defined portion of the Avon Recreation Center located at Colorado (the "ARC "), upon the terms and conditions set forth in this Lease. RECITALS WHEREAS, Lessor owns and operates the ARC and desires to lease a portion of the ARC for use as a physical therapy and rehabilitation service, described in Exhibit A as the premises ( "Premises ") and Lessee desires to lease the Premise according to the terms contained in this Lease; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Lessor and Lessee, the Parties do hereby agree as follows: 1. Term. The initial term of this Lease shall be for twelve (12) months, commencing [May 10 through June 1], 2010, and ending [day before commencement date], 2011, unless terminated as hereinafter provided. Extensions of this Lease may only occur through mutual consent of the Parties in writing. 2. Lease Payment. The Lessee shall pay to the Lessor rent each month in the amount of Fourteen Hundred Dollars ($1,400.00) ( "Monthly Lease Payment "). The first and last Monthly Lease Payment and the Security Deposit must be tendered and paid in full upon signing this Lease. The Monthly Lease Payment shall be due and payable on the same date each month as the day of signing this Lease stated above. Payment shall be tendered at the Avon Town Hall, One Lake Street, Avon, CO 81620, or may be mailed to Town of Avon, P.O. 975, Avon, CO 81620, attention Meryl Jacob, Director of Recreation. 3. Late Payment, Interest. Any Monthly Lease Payment which is not paid prior to or on the date it is due shall be subject to a penalty of One Hundred Dollars ($100.00) and the delinquent Monthly Lease Payment and penalty shall thereafter bear interest at the rate of eighteen percent (18 %) per annum, compounded monthly, from the due date therefor until such sum, with all interest accrued thereon, has been paid in full. 4. Access. The Lessee shall have only limited access to the Premises during normal business hours and as may be arranged with the Lessor outside of normal business hours.. 5. Utility, Operation and Maintenance Expenses. Lessor shall provide and pay for water and sewer service, electric, heating and parking during the Term of this Lease without additional 'rffQcA m e,2 f S charge to Lessee. Lessee shall be responsible for telephone, internet, and other costs incurred during the Term of this Lease. Lessee shall be responsible for cleaning the Premises. 6. Recreation Center Access. During the Term of this Lease the Lessee shall have the privileges of one unlimited pass to the ARC for use by the Lessee and one patient per physical therapist of the Lessee at a time shall have the privilege to access the ARC for use while attending supervised and directed physical therapy sessions conducted by the Lessee. 7. Security Deposit. The Lessee shall also pay to Lessor a deposit of Fourteen Hundred Dollars ($1,400.00) ( "Security Deposit "). The Security Deposit shall be returned to the Lessee within thirty (30) days following the termination of this Lease, less the cost of any and all repairs or other maintenance performed by the Lessor as required to return the Premises to the condition it was in prior to the commencement date of this Lease. 8. Default. The failure of Lessee to keep or perform any covenant or warranty, condition or agreement on its part to be kept or performed according to the terms and provisions of this Lease shall, upon the election of the Lessor, constitute a default. Upon an event of default the Lessor may, at its discretion, terminate this Lease immediately by giving written notice of such action to Lessee, and may exercise all or any remedies available to the Lessor at law or in equity by virtue of such default. In addition, upon termination all right and interest of the Lessee to the Premises shall be immediately forfeited to the Lessor without right of reimbursement, compensation or set off. The failure of the Lessor to terminate this Lease upon a default by Lessee shall not in any way constitute a waiver of the Lessor's right to terminate this Lease for future defaults by Lessee of the same or different type. 9. Licenses and Permits. The Lessee shall obtain and maintain any and all vending licenses and/or permits that may be required by local governmental entities having jurisdiction, including without limitation the Town of Avon, Colorado prior to the utilization of the Premises for a rehabilitation facility. Furthermore, Lessee shall maintain physical therapy licenses and certificate in good standing and in active status at all times during the Term of this Lease. 10. Premises Owned by the Lessor. The Premises, and any improvements made thereto by the Lessor during the term of this Lease are and shall at all times remain the sole property of the Lessor, and the Lessee shall have no right, title, or interest therein. 11. Hold Harmless. The Lessee promises and covenants to hold harmless, defend and indemnify the Lessor, its directors, employees, agents, representatives, successors and assigns, from and against any and all liabilities, claims, penalties or damages of any nature, whether present or future (including without limitation damages for personal injury, disease and death; property damage; administrative or judicial penalties or fines; accountants fees, consultants fees and attorneys fees associated with or necessary for the Lessor's defense of matters arising under this Lease), arising out of, or related directly or indirectly to the use of the Premises by the Lessee. Page 2 of 5 Avon Recreation Center - Physical Therapy Lease Form 12. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of this Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with shipping charges prepaid, addressed as follows: To the Lessor: Avon Recreation Center Attn: Meryl Jacobs, Recreation Director 90 Lake Street P.O. Box 975 Avon, CO 81620 Ph: (970) 748 -4060 To Lessee: [business information to be added] 13. All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party thereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 14. Assignment. Lessee shall not in any manner transfer or assign this Lease without the prior written consent of the Lessor and any attempt to do so without the Lessor's prior written consent shall be null and void and confer no rights on third persons. 15. Binding Effect. This Lease shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 16. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any dispute regarding this Lease shall be proper in Eagle County, Colorado. 17. Attorneys' Fees. In the event either party to this Lease commences an action to enforce any of the provisions hereof, each party shall be responsible for its own attorney fees and other legal costs. 18. Relationship of the Parties. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third person to create the relationship of employer and employee, principal and agent, or of a partnership or joint venture, or of any association between Lessor and Lessee. Page 3 of 5 Avon Recreation Center - Physical Therapy Lease Form 19. Headings for Convenience Only. The headings, captions and titles contained herein are intended for convenience and reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Lease. 20. Modification. This Lease and its attached exhibits set forth the entire understanding and agreement between the parties hereto with respect to the Premises. Except as otherwise provided herein, this Lease may be modified, amended, changed, or terminated, in whole or in part, only by an agreement in writing and duly authorized and executed by the parties hereto. LESSOR: Town of Avon, Colorado ffiffi Larry Brooks, Town Manager LESSEE: [Name of Business] WM TITLE Page 4 of 5 Avon Recreation Center - Physical Therapy Lease Form ATTEST: Patty McKenny, Town Clerk ATTEST: TITLE EXHIBIT A "Premises" That certain area within the Avon Recreation Center, consisting of approximately 600 square feet as described on the diagram. Page 5 of 5 Avon Recreation Center - Physical Therapy Lease Form TOWN OF AVON, COLORADO RESOLUTION NO. 10 -07 SERIES OF 2010 A RESOLUTION IN APPRECIATION OF POLICE CHIEF BRIAN KOZAK WHEREAS, Brian Kozak subscribed to the oath of office for the Avon Police Chief having served from May 2006 until February 2010; and WHEREAS, Chief Kozak has abided by his oath and served the Town in an exemplary manner upholding the laws and protecting the general welfare of the Avon community; WHEREAS, his vision is recognized for the development and successful implementation of various outreach community policing programs, such as the Volunteers in Police Service, the Citizen's Police Academy, the largest National Night Out event in the area; WHEREAS, his leadership is recognized as shown by the progress made by the Police Department Personnel in implementing procedures to meet accepted police practices and accreditation standards as set forth by the Commission on Accreditation for Law Enforcement Agencies; and WHEREAS, his loyalty to his department is recognized and appreciated because of the professional police training and mentoring programs he supported; WHEREAS, Brian Kozaks' professional and personal attributes are to be commended as he has shown a great deal of professionalism, leadership and a strong commitment to his role as a public safety officer. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, AS FOLLOWS: The sincere thanks of the Town Council, the residents and the staff of the Town are extended to Chief Brian Kozak for his efforts leading a police department in providing a safe environment that supports a "high quality of life, for a diversity of people and interests; which promote their ability to live, work, visit and recreate in our community of Avon. ADOPTED THIS 23RD DAY OF FEBRUARY 2010. TOWN COUNCIL, AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: February 18, 2010 SUBJECT: Traer Creek Plaza Condominium Application Summary: Traer Creek Plaza, LLC submitted an application for subdivision approval on August 28, 2008. The Town Clerk provided a letter on February 3, 2010' to the representative for Traer Creek Plaza, LLC, indicating that pursuant to Avon Municipal Code Section 16.12.050 the application was removed from the Town Council agenda for the February 9, 2010 regular meeting. The reasons stated in Ms. McKenny's letter include: (1) the subdivision application does not comply with the subdivision regulations in the Avon Municipal Code because the application proposes to separate the ownership of a portion of the parking area from ownership of the property which the parking is intended to serve [ see Avon Municipal Code Section 16.12.050(b) and Memorandum from Sally Vecchio, Community Development Director, to Patty McKenny, Town Clerk, dated February 1, 2010]; and, (2) Traer Creek Metropolitan District is effectively a co- applicant of the Traer Creek Plaza, LLC Subdivision Application and Traer Creek Metropolitan District is currently in default under the terms of an agreement with the Town [see Avon Municipal Code Section 16.12.050(c) and Memorandum from Eric Heil, Town Attorney to Patty McKenny, Town Clerk, dated February 2, 2010]. Appeal Process: Michael J. Repucci, representing Traer Creek Plaza, LLC submitted a letter dated February 4, 2010, requesting an appeal in accordance with Avon Municipal Code Section 16.12.050(d). Avon Municipal Code Section 16.12.050(e) states, "The Town Council, at the specified meeting, shall hear facts and relevant information as presented by the Town Clerk and by the appellant, and shall render a decision in writing on how to proceed with further action, within thirty -five (35) days of the meeting." The Town Council must render a decision on this appeal by March 29, 2010. If the Town Council were to overrule the Town Clerk's decision to remove the Traer Creek Plaza subdivision application from the agenda, then the Traer Creek Plaza subdivision application would be scheduled for Town Council consideration on the next Town Council agenda. Due to the volume of materials, a package of documents was provided to the Town Council on February 17, 2010. A list of the documents provided is attached to this memorandum. In addition, the Town Clerk's letter to Traer Creek Plaza, LLC advising of the removal of the application from the Town Council agenda and a letter from Darlene Sisneros to Eric Heil, dated January 25, 2010 February 3, 2010 is included with this memorandum. [end of memorandum] The letter from Patty McKenny, Town Clerk is erroneously dated January 3, 2010. Heil Law & Planning, LLC Eric Heil, Esq.. A.I.C.P. 1499 Blake Street, Unit 1-G Tel: 303.975.6120 Denver, CO 80202 eheil @avon.org Traer Creek Plaza, LLC Subdivision Application List of Documents, prepared February 16, 2010 [chronological order from most recent to earliest] 1. Letter: To: Patty McKenny, Asst. Town Manager/Town Clerk From: Johnson & Repucci LLP Date: February 4, 2010 Re: Traer Creek Plaza Condominium Map Application- Notice of Appeal 2. Memo: To: The Honorable Mayor Wolfe and Town Council Members From: Eric Heil, Town Attorney Date: February 4, 2010 Re: Traer Creek Plaza Condominium Application 3. Memo: To: Patty McKenny, Asst. Town Manager/Town Clerk From: Eric Heil, Town Attorney Date: February 2, 2010 Re: Traer Creek Plaza Condominium Application 4. Memo: To: Patty McKenny, Asst. Town Manager/Town Clerk From: Sally Vecchio, Asst. Town Manager /Comm Dev. Director Date: February 1, 2010 Re: Traer Creek Plaza Condominium Application 5. Letter: To: Eric Heil, Town Attorney From: Munsey Ayers, Otten, Johnson, Robinson, Neff & Ragonetti, PC Date: January 25, 2010 Re: Traer Creek Plaza LLC Application for Minor Subdivision Plat; Response Letter Dated December 23, 2009, From Eric Heil to Michael Repucci 6. Letter: To: Helaine R. Smith From: Patty McKenny, Asst. Town Manager/Town Clerk Date: January 3, 2010 Re: Traer Creek Plaza Condominium Application 7. Memo: To: Justin Hildreth, Town Engineer From: Sally Vecchio, Asst. Town Manager, Dir. of Comm. Dev. Date: November 24, 2009 Re: Traer Creek Plaza memo from Eric Heil to Lainie and Michael 8. Memo: To: Honorable Mayor Wolfe & Town Council Members From: Eric Heil, Town Attorney Date: November 18, 2009 Re: Attachment A: Traer Creek Plaza: legal comments provided to Traer Creek Plaza, LLC, and the responses provided by Traer Creek Metropolitan District ( "TCMD "). 9. Memo: To: Honorable Mayor and Town Council From: Justin Hildreth, Town Engineer/Matthew Gennett, Planning Manager Date: November 12, 2009 Re: Resolution No. 09 -26, Denying the Condominium Map of Traer Creek Plaza, Lot 2, The Village (at Avon) Filing No. 1, Town of Avon, Eagle County, Colorado (101 Fawcett Road) 10. Resolution: Resolution No. 09 -39 From: Town Council Date: pending Re: Attachment B: A Resolution Denying the Condominium Map of Traer Creek Plaza, a Re- Subdivision of Lot 2, the Village at Avon Filing 1. 11. Condominium Plat: Condominium Map of Traer Creek Plaza Date: Pending Re: Attachment C. Parcel Description Lot 2, The Village (at Avon) Filing 1 12. Letter: To: Matthew Gennett, Planning Manager Justin Hildreth, Town Engineer From: Michael Repucci, Johnson & Repucci, LLP Date: October 26, 2009 Re: Attachment D: Condominium Map of Traer Creek Plaza Exhibit 1: Letter: To: Mathew Gennett, Planning Manager From: Helaine Resnick Smith, Johnson & Repucci, LLP Date: August 25, 2008 Re: Condominium Map of Traer Creek Plaza Exhibit 2: Letter: To: Helaine R. Smith, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: September 26, 2008 Re: Condominium Map of Traer Creek Plaza/outline remaining items that need to be resolved before Condominium Map of Traer Creek Plaza can be scheduled for Town Council approval. Exhibit 3: Letter: To: Matthew Gennett, Planning Manager; Justin Hildreth, Town Engineer From: Helaine Resnick Smith, Johnson & Repucci, LLP Date: December 4, 2008 Re: Revised Condominium Map of Traer Creek Plaza Exhibit 4: Letter: To: Justin Hildreth, Town Engineer Page 2 of 5 Traer Creek Plaza, LLC Subdivision Application List of Documents, Feb 16, 2010 From: McGeady Sisneros, P.C. Date: December 4, 2008 Re: Condominium Map of Traer Creek Plaza Exhibit S: Memo: To: Helaine Resnick Smith, Johnson & Repucci, LLP From: Matthew Gennett, Planning Manager Date: January 02, 2009 Re: Review Comments from Town of Avon regarding the subject plat application. Exhibit 6: Letter: To: Helaine R. Smith, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: January 2, 2009 Re: Letter in response to the December 4, 2008 revised submittal of the Condominium Map of Traer Creek Plaza Exhibit 7: Letter: To: Matthew Gennett, Planning Manager From: Eric Heil, Town Attorney Date: January 2, 2009 Re: Legal Comments on Traer Creek Condominium Subdivision Application Exhibit 8: Letter: To: Helaine R Smith, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: January 7, 2009 Re: Response to December 4, 2008 revised submittal of the Condominium Map of Traer Creek Plaza. Exhibit 9: Memo: To: Matthew Gennett, Planning Manager From: Helaine R. Smith, Johnson & Repucci, LLP Date: April 23, 2009 Re: Recent Correspondence Exhibit 10: Letter: To: Matthew Gennett, Planning Manager From: Helaine R. Smith, Johnson & Repucci, LLP Date: June 15, 2009 Re: Condominium Map revised in accordance with Justin's letter dated January 7, 2009 Exhibit 11: Letter: To: Helaine R. Smith,, Johnson & Repucci, LLP Page 3 of 5 Traer Creek Plaza, LLC Subdivision Application List of Documents, Feb 16, 2010 From: Justin Hildreth, Town Engineer Date: August 03, 2009 Re: Response to June 15`h, 2009 revised submittal of the Condominium Map of Traer Creek Plaza. Exhibit 12: Town Code Parking Requirements Spaces Required Exhibit 13: Letter: To: Eric Heil From: Darlene Sisneros, McGready Sisneros, P.C. Date: October 26, 2009 Re: Traer Creek Plaza Condominium Subdivision Application/response to various points raised in the letter to Matt Gennett regarding Eric Heil's legal comments. Exhibit 14: Parcel Information: From: Eagle County Assessors Tax Website Date: October 20, 2009 Re: Parcel Information On Traer Creek Plaza Exhibit 15: Title Insurance: From: Stewart Title Date: 1982 Re: Policy Issued according to terms of the Commitment. Provisions, Requirements, Exceptions, and Conditions 13. Justin Hildreth Correspondence Compilation, dated September 15, 2009. 14. Memo: To: Larry Brooks From: Matthew Gennett, Planning Manager Date: July 30, 2009 Re: Part C "Reduction in Parking for Mixed Use Projects ", Exhibit C, Village PUD Guide... 15. Letter & Memos: To: Matthew Gennett, Planning Manager From: Eric Heil, Town Attorney Date: January 2, 2009 Re: Legal Comments on Traer Creek Plaza Condominium Subdivision Application 16. Letter: To: Justin Hildreth, Town Engineer From: Darlene Sisneros, P.C. Date: December 4, 2008 Re: Condominium Map of Traer Creek Plaza: Correspondence Dated September 26, 2008 to Ms. Helaine R. Smith Page 4 of 5 Traer Creek Plaza, LLC Subdivision Application List of Documents, Feb 16, 2010 17. Letter: To: Traer Creek Plaza LLC From: Lisa Jacoby, District Manager, Traer Creek Metropolitan District Date: November 03, 2008 Re: Incremental Cost Certification prepared by OAC Management, Inc. 18. Traer Creek Plaza, LLC Subdivision Application, received August 28, 2008, including: Letter: To: Matt Gennett From: Helaine Resnick Smith Date: August 25, 2008 Re: Condominium Map of Traer Creek Plaza 19. Parking Facility Easement Agreement, dated December 10, 2004 between Traer Creek -L2 LLC and Traer Creek Metropolitan District 20. Development Agreement, dated December 1, 2004 between Traer Creek -L2 LLC and Traer Creek Metropolitan District 21. Common Easement Agreement, dated December 1, 2004 between Traer Creek -L2 LLC and Traer Creek Metropolitan District. 22. Easements with Covenants and Restrictions Affecting Land ( "ECR"), dated April 24, 2002 between Wal -Mart Real Estate Business Trust, Home Depot, U.S.A., Inc., and Traer Creek LLC. 23. Resolution 01 -09 Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado, dated June 12, 2001 24. Resolution 01 -33 Approving Final Plat and Subdivision Improvements Agreement for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado, dated November 13, 2001. 25. Annexation and Development Agreement, dated October 13, 1998, between EMD, LLC, PVRT NOTT I, LLC, PVRT NOTT II, LLC, PVRT NOTT III, LLC and the Town of Avon, and The Village (at Avon) PUD Guide, dated October 13, 1998, including all amendments to Annexation and Development Agreement and The Village (at Avon) PUD Guide. 26. The Village (at Avon) Filing 1, Amended Final Plat, dated 2004 Page 5 of 5 Traer Creek Plaza, LLC Subdivision Application List of Documents, Feb 16, 2010 AVON C O L O R A D O January 3, 2010 Helaine R. Smith Johnson & Repucci, LLP 2521 Broadway, Suite A Boulder, CO 80304 Dear Ms. Smith, Post Office Box 975 One Lake Street Avon.., a smoke free community Avon, Colorado 81620 970 - 748 -4000 970 - 949 -9139 Fax Relay recognized www.avon.org Please be advised that I am not placing the Traer Creek Plaza Condominium application ( "Application ") on the Town Council meeting agenda for February 9, 2010, or on a later Town Council meeting agenda, based on my authority under Avon Municipal Code, Section 16.12.050. 1 have determined that the Application is not in compliance with the standards of the applicable regulations as identified by Sally Vecchio, Community Development Director; therefore, I am not placing the Application on a Town Council agenda pursuant to Avon Municipal Code Sec. 16.12.050(b). Also, I have determined that Traer Creek Metropolitan District is effectively a co- applicant of the Application and is currently in default under the Village at Avon Annexation and Development Agreement with the Town based on the memorandum from Eric Heil, Town Attorney; therefore, I am not placing the Application on a Town Council agenda pursuant to Avon Municipal Code Sec. 16.12.050(c). In accordance with Avon Municipal Code Sec. 16.12.050(d), you have the right to appeal the ruling of the Town Clerk to the Town Council. Any appeal must be submitted in writing to my office at least ten days prior to the regular meeting at which the appellant wishes to be heard. Sincerely, Patty McKe ow Clerk Town of Av0 Attachments: ✓ Memorandum from Sally Vecchio, Community Development Director, dated February 1, 2010 ✓ Memorandum from Eric Heil, Town Attorney, dated February 2, 2010 cc without attachments: ✓ Sally Vecchio, Community Development Director ✓ Eric Heil, Town Attorney ✓ Larry Brooks, Town Manager McGEADY SISNEROS January 25, 2010 VIA EMAIL & CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eric Heil Heil Law & Planning, LLC 1499 Blake Street, Unit 1 -G Denver, CO 80222 McGeady Sisneros P.C. 450 E. 17th Avenue, Suite 400 Denver, Colorado 80203 -1214 303.592.4380 tel 303.592.4385 fax www.mcgeadysisneros.com Re: Response to 3rd Legal Review of Traer Creek Plaza condominium application Dear Mr. Heil: Traer Creek Metropolitan District (the "District ") received a copy of your letter addressed to Michael J. Repucci dated December 23, 2009 (the "Letter "), which sets forth certain issues that relate to the District's construction, ownership and operation of a public parking structure located beneath the Traer Creek Plaza project ( "Public Parking Facility") with respect to the Traer Creek condominium plat application (the "Application "). Mr. Repucci has requested that our firm respond to these issues in our capacity as the District's legal counsel. Accordingly, please include this response in the official record for the Application. The Letter incorrectly and without any valid legal basis asserts: "The use of Traer Creek Metropolitan District to construct and maintain off - street parking for private development without financial compensation from the property owner(s) served by the public parking facility is a default of the VAA Agreement by Traer Creek Metropolitan District as well as a violation of Colorado Constitution, Article XI, Section 2." Letter 4 (December 23, 2009).VAA Agreement Section 4.4 Public Facilities of the Village at Avon Annexation Agreement, as amended (the "VAA Agreement'), acknowledges that two special districts were created to "facilitate financing and development of the infrastructure improvements and public facilities of the Project, including without limitation, development of the road and utility improvements contemplated by the Development Plan." As noted in the Letter, Section 4.4 of the VAA Agreement also states, "The Districts will provide facilities and service that the Town might otherwise have to provide ..." (emphasis added). This provision is not a limitation, but rather is just an acknowledgement that the parties to the VAA Agreement anticipated that the Districts would 100161847 DOC v:6) Mr. Eric Heil January 25, 2010 Page 2 provide, among other improvements, improvements that the Town of Avon (the "Town ") would otherwise provide. This provision merely states one aspect of the functions and services to be undertaken by the Districts which constitute consideration for the District to become the beneficiary of the PIF revenue and the Town's performance of its related obligations pursuant to the VAA Agreement. Neither the District's Service Plan, which the Town Council reviewed extensively and approved on August 25, 1998 (the "Service Plan"), nor the VAA Agreement limit the District to providing only those public improvements that, as the Letter asserts in a clear misstatement of the VAA Agreement provision quoted above, "the Town is required to provide under the AMC." Letter 4 (Dec. 23, 2009) (emphasis added). In fact, the Service Plan, at subsection A(1) under the heading Description of Proposed Services, provides authority for the District's "design, acquisition, construction, completion, installation and/or operation and maintenance of a broad range of public improvements which expressly includes "parking facilities, ... and all necessary incidental and appurtenant facilities." Accordingly, contrary to the Letter's assertion otherwise, the District has clear authority under the VAA Agreement and the Service Plan for its design, construction, completion, installation, operation and maintenance of the Public Parking Facility. Colorado Constitution The Letter further alleges, without any valid legal basis, that the District's construction, ownership and maintenance of the Public Parking Facility violates Article XI, Section 2 of the Colorado Constitution (the "Colorado Gift Clause ") because it enables the public to have parking and access to the retail and commercial tenants of Traer Creek Plaza and adjacent businesses without direct financial compensation from the owner(s) of Traer Creek Plaza. In making this allegation, the Letter relies on the Arizona case of Turken v. Gordon, 207 P.3d 709 (AZ. App. 2008). First, the Colorado Gift Clause is not applicable to the District, which is a quasi - municipal corporation and political subdivision of the State of Colorado. It is inappropriate to rely on Arizona case law in this situation because Article 9, Section 7 of the Arizona Constitution (the "Arizona Gift Clause ") applies to "the state and any county, city, town, municipality or other subdivisions of the state..." (emphasis added), whereas the Colorado Gift Clause provides as follows: "Neither the state, nor any county, city, town, township or school district shall make any ...." The Colorado Gift Clause does not specifically mention special districts or other political subdivisions, and as such the provision does not apply to the District. The Colorado Supreme Court has held that the Colorado Gift Clause does not apply to political subdivisions other than those specifically named in that Colorado Constitutional provision. Northern Colorado Water Conservancy District v. Witwer, 116 P.2d 200, 201 (Colo. 1941). The Colorado Supreme Court has also held that other Colorado Constitutional provisions with the same language (i.e., "state, nor any county, city, town ") do not apply to quasi - corporations, including improvement districts. See Lyman v. Town of Bow Mar, 533 P.2d 1129 (Colo. 1975) and Milhelm v. Moffat Tunnel Improvement District, 211 P. 649 (Colo. 1922). Article XI, 100161847.DOC v:6} Mr. Eric Heil January 25, 2010 Page 3 Section 2 of the Colorado Constitution was amended in its entirety in 1974. The legislature could have included special districts or other local governments if they intended the Colorado Gift Clause to apply to these types of governments. However, the Colorado legislature has specifically authorized special districts to fmance public improvements to serve the private development within or without its boundaries. Tax- exempt municipal bonds are issued to finance public improvements which special districts construct. These bonds are commonly repaid by real property taxes paid by properties within its boundaries, fees, and public improvement fees which are generated from sales transactions within the district. This structure was utilized by the District to finance the Public Parking Facility. Second, even if the Colorado Gift Clause was applicable to special districts, the financing of the Public Parking Facility would not be prohibited under the ownership analysis. As discussed in Turken, ownership plays a key factor in the analysis of the Arizona Gift Clause. 207 P.3d 709, 723 (AZ. App. 2008). In Turken, the City did not own the parking garage. The Turken court stated that public ownership is highly significant and that there would not be an Arizona Gift Clause violation in that case if the result had been public ownership. 207 P.3d 709, 723 (AZ. App. 2008). Colorado case law also finds public ownership to be a significant factor in determining whether there has been a Colorado Gift Clause violation. In Milheim the Colorado Supreme Court stated that there was no violation of the Colorado Gift Clause because there was no joint ownership of the tunnel between the improvement district and a private person or corporation. 211 P. 649, 660 -661 (Colo. 1922). In addition, in Milheim the Court held that leasing a public work to a private person or corporation does not create joint ownership of the improvement by a district and its lessee, and therefore is also not a violation of the Colorado Gift Clause. 211 P. 649, 661 (Colo. 1922). The Public Parking Facility is owned by the District. Although the District does not own the land that the Public Parking Facility is located on, nothing in the Service Plan, the VAA Agreement, or Colorado state law prohibits the District from constructing and owning improvements on private property. In fact, it is common for special districts to obtain easements in order to construct improvements on private property, and Section 32- 1- 1001(1)(f), C.R.S. expressly authorizes the acquisition of "easements necessary to the functions or the operation" of special districts. With regard to the construction of the Public Parking Facility, the District entered into a Common Easement Agreement with Traer Creek -L2 LLC (the "Developer "), dated December 1, 2004 (the "Common Easement ") and a Parking Facility Easement Agreement with the Developer, dated December 12, 2004 (the "Parking Facility Easement "). Under the Parking Facility Easement, the Developer granted the District the right to construct the Public Parking Facility on the Developer's property, along with related rights for vehicular and pedestrian ingress and egress. Under the Common Easement, the District and the Developer granted reciprocal easements which provide for the mutual support and encroachment of, maintenance of, and access to the Public Parking Facility and the office /retail complex. The Common Easement also acknowledges the District's ownership interest in the Public Parking Facility. Therefore, even if the Colorado Gift Clause did apply to special districts, under the ownership analysis, there would not be a Colorado Gift Clause violation. 100161847.DOC v:6} Mr. Eric Heil January 25, 2010 Page 4 Colorado has also adopted a public purpose exception to the strict application of the Colorado Gift Clause in those instances where, unlike in the District's ownership of the Public Parking Facility, it otherwise would apply: At first this prohibition of aid to corporations, absent consideration, was strictly enforced. ... Notwithstanding the apparent absolute prohibition of Article XI, Section 2, a `public purpose' exception has evolved.... Our prior cases have held that Article XI, Section 2 of the Colorado Constitution does not prohibit a municipality from conferring a monetary benefit on a private company in consideration of the company's undertaking a project, even though the company might have been required to undertake the project without such benefit, as long as the expenditure by a municipality furthers a valid public purpose. In re: Interrogatory Propounded by Governor Roy Romer on House Bill 91 S -1005, 814 P.2d 875, 882 (Colo. 1991). See also, City of Aurora v. Public Utils. Comm's, 785 P.2d 1289 (Colo. 1990), Witcher v. Canon City 716 P.2d 445 (Colo. 1986) and Denver Urban Renewal Auth. v. Byrne, 618 P.2d 1374 (Colo. 1980). The District's expenditure of funds for the Public Parking Facility, which benefits the private development, but also provides significant parking for the public, clearly furthers a valid public purpose. Among the valid public purposes the Public Parking Facility serves is to increase property tax revenues, PIF revenues, and other revenues available to the District by facilitating private development through the provision of public parking for the use of tenants, merchants, consumers and other members of the public who patronize and operate the retail and commercial businesses located within the privately financed portion of the development. This is no different than a special district financing, owning and maintaining water lines, sanitary sewer lines, storm drainage facilities, streets and other similar public improvements that facilitate and benefit privately owned development, and which public improvements are financed from the increased tax and other revenues the special district receives as a direct result of such private development. Under the analysis articulated in the Letter, all of the public improvements which Section 32 -1- 1 01, et seq., C.R.S. authorizes special districts to construct, own, operate and/or maintain would be prohibited. Service Plan Authority As previously noted, the Service Plan, in subsection A(l) under the heading Description of Proposed Services, authorizes the District to "provide for the design, acquisition, construction, completion, installation and/or operation and maintenance of street improvements, including but not limited to, ... parking areas, parking facilities.... and all necessary incidental and appurtenant facilities." Exhibit C of the Service Plan lists each type of improvement planned to be provided by the District for the project. Seven parking structures are delineated on Exhibit C. 100161847.DOC v:61 Mr. Eric Heil January 25, 2010 Page 5 The Service Plan provides, in subsection A under the heading Description of Proposed Services, that "[t]he Improvements generally depicted and described in Exhibit D have been presented for illustration only, and the exact design, subphasing of construction and location of the Improvements will be determined at the time of platting and such decisions shall not be considered to be a material modification of the Service Plan " (emphasis added). Exhibit D -1 of the Service Plan illustrates the District's intention to construct several parking structures with residential, retail and commercial buildings adjacent to or above the applicable parking structure. The District has clear authority under its Service Plan, which was approved by the Town, to finance and construct the Public Parking Facility. Compliance with Colorado and Federal Law The District's issuance of bonds for the construction of the Public Parking Facility was reviewed extensively (including the public /private benefits) and approved by the District's bond counsel, Kutak Rock LLP ( "Bond Counsel "), a nationally recognized bond firm. In addition, the IRS performed an audit of the District's bond transactions last year and did not find any issues with respect to the tax- exempt bonds that were issued to finance the Public Parking Facility. Proposed Changes to Condominium Declaration Language The proposed revision to Section 14.2 Amendment of the Condominium Declaration is not necessary. As discussed in our letter of October 26, 2009, the Service Plan authorizes the District to operate and maintain landscaping and irrigation. Although some of the landscaping associated with the parking facility is located on private property, the operation and maintenance of this landscaping is part of the District's overall landscaping responsibility for the entire project. As discussed above, it is neither prohibited nor uncommon for special districts to obtain easements in order to construct and maintain improvements on private property. Accordingly, both the Common Easement and the Parking Facility Easement grant the District easement rights for the operation and maintenance of landscaping. As discussed above, Turken is not applicable. In addition, these matters have also been reviewed by the District's Bond Counsel and Bond Counsel is comfortable that the allocation of the operation and maintenance costs related to the Public Parking Facility is appropriate. As such, the District's operation and maintenance responsibility with regard to the Public Parking Facility is neither disproportionate nor inconsistent with the Service Plan. Proposed Changes to Parking Structure Rules and Regulations The District previously agreed to provide the Town with a copy of any amendments to the Parking Structure Rules and Regulations (the "Parking Rules ") for the Town's review and comment with respect to assuring compliance with applicable parking requirements in the controlling zoning document. The language proposed for the plat note regarding amendments to the Parking Rules, together with the Town's police power to enforce the terms of the parking 100161847.DOC v:6} Mr. Eric Heil January 25, 2010 Page 6 regulations set forth in the PUD Guide, completely addresses the Town's stated concerns. As set forth in Mike Repucci's letter dated November 23, 2009, the plat note would state: Any amendments to the existing Parking Rules adopted by the Parking Owner for the regulation and management of Unit 1 shall be submitted to the Town of Avon for review in order that the Town may confirm that those amendments are in compliance with the parking requirements set forth in the PUD Guide. Any amendments shall conclusively be deemed to be in compliance with the parking requirements set forth in the PUD Guide unless the Town delivers a written objection to the Parking Owner stating with particularity the alleged deficiency of the amendment within seven (7) business days following delivery of the amendment to the Town. Status of Traer Creek Metropolitan District The Letter contends that the Town had no knowledge of and did not approve the financing and construction of the Public Parking Facility by the District at the time of approving the plat for Lot 2, and further contends that there is no evidence that the Town had knowledge that the District actually financed the construction of the Public Parking Facility at the time of issuing a building permit and conducting building inspections. The Service Plan expressly authorizes the District's construction, ownership, operation and maintenance of "parking areas.... parking facilities.... and all necessary incidental and appurtenant facilities." As such, the Service Plan gives the District the authority to finance and construct the Public Parking Facility. The Letter correctly quotes language from subsection A of the Service Plan, under the heading Description of Proposed Services, which makes clear that "the exact design ... of Improvements will be determined at the time of platting and such decisions shall not be considered to be a material modification of the Service Plan." Consistent with this language and the clear intent of the Town Council, the Town reviewed and approved the design of the Public Parking Facility in connection with Town Council's review of the plat and subsequent site plan review for Lot 2, on which Traer Creek Plaza and the Public Parking Facility were constructed approximately five (5) years ago pursuant to building permit applications that the Town reviewed and approved. The Letter then asserts that the Town "did not approve the financing and construction of [the Public Parking Facility] ... at the time of approving the plat for Lot 2." Letter 6 (Dec. 23, 2009) (emphasis added). However, the Service Plan language quoted above makes no reference to the Town's review of the financing of improvements at the time of platting. Additionally, the Public Parking Facility was constructed pursuant to a valid building permit, which building permit was issued by the Town following the Town's review of the construction drawings and permit application materials. Moreover, as a quasi - governmental entity, the District conducted all of its business with regard to the financing and construction of the Public Parking Facility during open meetings. The (00161847.DOC v:61 Mr. Eric Heil January 25, 2010 Page 7 District provides all of its meeting agendas to the Town, and its meeting minutes are all publicly available. Further, the Town's finance officer attended many of the meetings at which the construction and financing of the Public Parking Facility was discussed. Additionally, in 2004 the Town addressed a letter regarding the building permit to the District, evidencing the Town's knowledge of the District's role with respect to the Public Parking Facility. Finally, the Letter contends that the Town can legally deny the Application on the basis that the Town has asserted the District is in default of agreements with and obligations to the Town. However, despite the fact that the Town has alleged that the District is in default of the VAA Agreement, the District does not agree that it is in default, and further, these default allegations are the subject of ongoing litigation between the Town and the District. Therefore, unless and until a final order is entered in the litigation determining that a District default exists, no such default exists as a matter of law. Additionally, the Letter relies on a Section 17.12.020(5) of the Avon Municipal Code (the "AMC ") as giving the Town Council the authority to deny the Application based on defaults (the Letter incorrectly cites AMC Section 12.12.020(5)). However, this AMC provision specifically addresses the approval or denial of an application for a "development plan," which, as defined in AMC Section 17.20.110(e), refers to the approval of a PUD. The development plan for the project (The Village (at Avon) PUD) was previously approved. The matter now before the Town Council is not the approval of a "development plan," and therefore AMC Section 17.12.020(5) does not apply. Moreover, while the District financed, constructed, owns and operates the Public Parking Facility, the District neither owns the land within the area that is affected by the Application nor is the District the applicant with respect to the Application. As you know, Section 16.12.010 of the Town's subdivision regulations states: "No person but the owner of the land may subdivide or make application to subdivide" (emphasis added). The Application is an application for a condominium subdivision and is being processed pursuant to the applicable subdivision regulations in Chapter 16.12 of the Town's Municipal Code, which expressly precludes the District from being the "applicant." The District is not aware of any provision of the AMC that permits the Town to deny the Application because of a dispute between the Town and a non- applicant. The District's sole role with respect to the Application is that the District owns the improvements constituting the Public Parking Facility, which are constructed and exist within Lot 2 pursuant to the Common Easement, and which will continue to be owned by the District after approval and recordation of the condominium map (pursuant to which they will be legally described as a "unit "). Neither the District's ownership interest nor the function of the Public Parking Facility will be impacted, changed or otherwise affected in any manner (except, perhaps, by the District's concessions to the Town with respect to the plat note referenced above) by the Town's approval and the subsequent recordation of the condominium plat. If you have any additional questions regarding this matter, please do not hesitate to contact me. (00161847.DOC v:6) Mr. Eric Heil January 25, 2010 Page 8 Very truly yours, c: Traer Creek Metropolitan District Board of Directors (via email) Lisa Jacoby, Special District Management Services, Inc. (via email) Michael J. Repucci (via email) Helaine Resnick Smith (via email) Munsey Ayers (via email) {00161847.DOC v:6) TOWN OF AVON, COLORADO AVON WORK SESSION MEETING FOR TUESDAY, FEBRUARY 23, 2010 MEETING BEGINS AT 2:15 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL 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 TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 2:15 PM — 3:45 PM 1. EXECUTIVE SESSION a. Developing strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to pending litigation and settlement discussions regarding Town of Avon v. Traer Creek Metropolitan District, 2008 CV 0385 b. Conference for the purpose of receiving legal advice on specific legal questions pursuant to Colorado Revised Statute §24- 6- 402(4)(b) concerning the Traer Creek Plaza, LLC Condominium Plat application appeal 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:45 PM -4:10 PM 3. EAGLE -VAIL COMMERCIAL AREA MASTER PLAN UPDATE (Scot Hunn, Cliff Simonton, Eagle County Community Development, Dominic Mauriello, Mauriello Planning Group) Review status update regarding the master plan project as a courtesy to the Town and to ensure local leadership is aware of the timing, scope and next steps of the project; to review the Project Purpose which is to establish a clear vision, with attendant goals and objectives, for the Eagle -Vail Commercial Area, also known as the Eagle -Vail Business Center, in advance of any future redevelopment of the area and to establish cooperative planning opportunities with Eagle -Vail Metropolitan District and other stakeholder groups 4:10 PM — 4:30 PM 4. TOWN'S COMPREHENSIVE FINANCIAL MODELING UPDATE (Scott Wright, Assistant Town Manager Finance) 4:30 PM — 5:00 PM 5. UPDATE ON ROCKY MOUNTAIN RAIL AND 1 -70 COALITION (Larry Brooks, Town Manager) Update on 1 -70 Coalition efforts and achievements and Rocky Mountain Summary of the direction and conclusions reviewed by the Steering Committee and Executive Board 5:00 PM — 5:20 PM 6. COUNCIL COMMITTEE AND STAFF UPDATES a. Follow up on Lighting Ordinance Outreach (Larry Brooks, Town Manager) Review suggestion for ordinance outreach and compliance b. Connect Avon Now "CAN" Update (Larry Brooks, Town Manager) Review schedule outlined in January 26, 2010 Memo c. Financial Matters 5:20 PM 7. ADJOURNMENT Avon Council Meeting. 10.02.23 Page 1 of 3 Memo To: Honorable Mayor and Town Council cc: Larry Brooks, Town Manager Eric Heil, Town Attorney From: Patty McKenny, Assistant Town Manager, Management Services►`' Date: February 16, 2010 Re: Update on Eagle -Vail Commercial Area Master Plan Summary: Scot Hunn requested time on the Avon Town Council Meeting agenda to provide an update on the Eagle -Vail Commercial Area Master Plan. He provided the following information: Project: Eagle -Vail Commercial Area Master Plan Project Purpose: To establish a clear vision, with attendant goals and objectives, for the Eagle -Vail Commercial Area, also known as the Eagle -Vail Business Center, in advance of any future redevelopment of the area and to establish cooperative planning opportunities with Eagle -Vail Metropolitan District and other stakeholder groups. Meeting on February 23`d: Eagle County Staff, including Scot Hunn and Cliff Simonton, along with Dominic Mauriello of Mauriello Planning Group (MPG), will provide a brief status update regarding the master plan project as a courtesy to the Town and to ensure local leadership is aware of the timing, scope and next steps of the project. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager — Finance Date: February 18, 2010 Re: Town Comprehensive Financial Model Summary: Initials it�w u g `� Stan Bernstein will be present Tuesday to give the Town Council an update as to our efforts in updating several financial models, including the Comprehensive Financial Model. Staff is planning to have a full presentation to Council at the March 23 worksession. Town Manager Comments: Page 1 AVON C O L O R A D O Office of the Town Man To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: February 12, 2010 Regarding: Rocky Mountain Rail Update Rather than present preliminary information during a council meeting it is my thought that the attached information might be sufficient to keep you up to speed with the likely outcome and recommendation that will be forthcoming on March 26th. The power point attached was reviewed by the Steering Committees and the Executive board on February Sth, and I believe represents a fairly effective summary of the direction and conclusions in the report. Next steps and funding information is also attached, which point to the fact that the State has been awarded 1.4 million for the State Rail Plan and the interoperability or Connectivity study. I will be glad to explain those at the meeting if you have questions, as the process is often confusing or complicated -or BOTH! Presentation To RMRA Feasibility Study Steering Committee 7EMS, Inc. / Ouandel Consultants, LLC Summary of Study Conclusions • A Cost Benefit assessment of a wide range of technology options has been performed using USDOT / FRA criteria. Several alternative options developed in the RMRA study pass the FRA tests for both financial and economic feasibility and would provide significant benefits to the 1 -25 and 1 -70 corridors, the State of Colorado and to the US economy as a whole. These alternatives provide a strong case for building high -speed rail in both the 1 -25 corridor between Pueblo and Fort Collins, and In the 1 -70 corridor between DIA and Eagle Airport. • Economic feasibility as defined by the FRA proved to be the most difficult criteria for the RMRA study alternatives to achieve. The 220 mph Electric Rail technology option had the highest economic feasibility score of all alternatives evaluated in the RMRA study and was selected for more detailed evaluation as the FRA Technical Alternative as a result. Strongest ridership in the Colorado system occurs when a "single seat' ride from 1 -25 communities to the mountain resorts is possible in both the summer and winter. The avoidance of any requirement for transfers will be especially important to skiers and overnight travelers who may have extensive luggage and ski equipment with them. atea.� a� .Uc Summary of Study Conclusions • In the 1 -25 corridor the strongest technologies were the 220 mph and 150 mph Electric Rail technologies, and the 110 mph Diesel Rail technology. Maglev systems were found to be considerably more expensive than Rail technologies In capital investment although the 300 mph maglev alternative provided the highest ridership and best Operating Ratio numbers of all alternatives evaluated. • Technology findings for the 1 -70 corridor demonstrate that 110 mph diesel can only be used west of Eagle Airport or west of Silverthorne, Dillon, and Frisco If the Tennessee Pass route via Pando rather than Vail Pass were adopted. From DIA to Eagle Airport only the Maglev and 220 mph electric rail technologies can be used, since the route options include 7 percent grade segments. • Maglev can work in the 1 -70 corridor, but If used for the Colorado network (both 1 -70 and 1 -25 corridors) and along the same alignment, it would be almost twice the capital cost of a 220 mph electric rail system. It is worth noting however, that the cost of a Maglev alternative In the 1 -70 corridor Is only slightly higher than the 220 mph rail alternative due the extensive tunneling and elevated structure required. In order to achieve FRA economic feasibility, a Maglev system selected for the 1 -70 corridor would need to be linked to a lower capital cost electric or diesel train in the 1 -25 corridor with a transfer for feeding passengers from the 1 -25 communities. ome.�/Oo oa.*r uc Summary of Study Conclusions • The system will take 12 to 15 years to implement largely due to the extensive program development and environmental process required both under NEPA and by the state of Colorado, however the process could be expedited through the use of the Context Sensitive Solution process which is standard practice today by the Colorado Department of Transportation. • The Implementation Plan for the FRA Technical Option using 220 -mph electric rail technology was dlsaggregated Into four Implementation phases that spread the construction period over eight years. Given the sensitivity of the 1 -70 environment it is not surprising that this will be a lengthy process. Nonetheless, given the 2020 startup date now proposed by California High Speed Rail with a completed EIS, a 2025 target date for the Colorado system completion does not seem unreasonable. • Rail connections to DIA will ensure the ability of tourists to reach key attractions along I -70 despite the growing difficulties due to growing 1 -70 highway congestion of getting access to the key tourist attractions. OTBG.M.,c�eo.."r uc Summary of Study Conclusions • Rail connections in 1 -25 will support not only the daily business, commuter and social travel in the corridor, but will also provide access to DIA and to day trip recreational destinations along the 1 -70 corridor. It will make weekend trips to tourist attractions much quicker, safer and more affordable for the communities along the 1 -25 corridor. • The economic impact of developing the rail system will be considerable. It will generate significant construction jobs, permanent rail jobs, and many additional indirect jobs over the life of the project. • Passenger rail service spurs economic growth activity, travel and tourism property values, downtown redevelopment, and a tax base expansion due to the extra employment. The investment makes a positive contribution to the development of the national, state and local economies without being accompanied by any long -term subsidy burden. • This study has concluded that there are financially and economically feasible alternatives for developing a high -speed rail system in Colorado. RMRA Feasible Options* (Feasible Option Type Routing Exhibit Option 2: 110 -mph Truncated I -25 Only/ diesel call in the I -25 network No I -70 Exhibit 9-5 corridor Option 4: 150 -mph rail in both I -25 Truncated Pando Exhibit 9-5 and I -70 network Option 5: 220 -mph Truncated electric:ail in both I -25 network Vail Pass Exhibit 9-5 and I -70 Option 7: 110 -mph diesel rail in I -25 with Hybrid network Vail Pass Exhibit 9 -8 220 -mph Electric Rail on I -70 Option 8: 150 -mph electric rail in I -25 with 220 -mph Electric Rail on Hybrid network Vail Pass Exhibit 9 -8 I -70 Option 9: 110 -mph diesel rail in I -25 with Hybrid network Vail Pass Exhibit 9-8 300 MaQIev on I -70 Option SW: 220 -mph electric rail in both I -25 Extensions Vail Pass Exhibit 9 -11 and I -70 Option 9W: 110 -mph diesel rail in I -25 with Vail Pass Exhibit 9-11 30G-rnph Maglev on I -70 Extensions . Eight options, projected to meet FRA criteria in initial screening ottre ti a� C— ftn.uc Truncated Networks* Option 2: 110 -mph Option 4:150-mph Option 5: 220 -mph (4% UC/ER) (7% RW /GF) C C C SS FC SS FC SS = FC GJ EA `LL D/A GJ EA D/A GJ EA _ D/A f f 0 mph 150 mpht 150 mph 220 mph _ ;220 mph A :P A ZP q :P TR TR TR OPTION 2: Capital Costs OPTION 4: Capital Costs OPTION 5: Capital Costs I -25: 2.7 Bllllon I -25: 2.9 Billion 1 -25: 6.0 Billion I -70: / BIIIion I -70: 15.6 Billion I -70: 13.3 Billion Vehicle: 0.2 Bllllon Vehicle: 0.4 Billion Vehicle: 0.6 Billion TOTAL: 2.9 Billion TOTAL: 18.9 Billion TOTAL: 19.9 Billion Only Serves 1-25 No Service West of Eagle No Service West of Eagle County Airport County Airport Truncated west of Eagle Airport. All full- network electric rail or maglev options failed Cost Benefit criteria. 0TU6..K.io�oa.*.u,uc , Hybrid Networks* Option 7: Option 8: Option 9: 220 -mph (7% RW /GF) w/ 220 -mph (7% RW /GF) w/ 300 -mph (7% RW /GF) w/ 110 -mph ER on 1 -25 150 -mph ER on 1 -25 110 -mph ER on 1 -25 C C C SS _ FC 0 _ FC SS :FC EA AT D/A NEW 220 mph 220 mph P TR TR OPTION 7: Capital Costs OPTIONS: Capital Costs I -25: 2.5 BIIIion I -25: 2.9 Billion I -70: 13.3 BIIIion I 70: 13.3 Bllllon Vehicle: 0.5 Billion Vehicle: 0.6 Billion TOTAL: 16.3 Billion TOTAL: 16.8 Billion Transfer at Denver No Service West of Eagle No Service West of Eagle County Airport County Airport Hybrid networks use different technologies on different segments ame. tic. 0U."ce &rr,uc A GJ I EA t'; D/A Transfer at Denver No Service West of Eagle County Airport 4 t! A P i OPTION 9: Capital Costs I -25: 2.6 Billion I -70: 15.6 BIIIion Vehicle: 1.3 Billion TOTAL: 19.5 Billion Transfer at Denver No Service West of Eagle County Airport Western Extensions* Option 5W c SS FC Option 9W c Ss *FC GJ EA ° DIA 1fo mP 300 mph _ 300 mph A I A :P TR TR OPTION SW: Capital Costs OPTION 9W: Capital Costs I -25: 6.0 BIIOon I -25: 2.6 Billion I -70: 13.3 Billion I -70: 15.6 Billion Western Western Routes: 1.0 Billion Routes: 1.0 Billion Vehicle: 0.8 Billion Vehicle: 1.5 Billion TOTAL: 21.1 Billion TOTAL: 20.7 Billion 'Western Extensions suggest the feasibility of 110 -mph rail service west of Eagle. onsrs.tic 1QUWKWcarrru,uc FRA Technical Alternative ■ From all options initially screened, Electric Rail was selected for further refinement because it gave the best Cost Benefit ratio — Segments of the original 4% and 7% alignments were included to develop a hybrid of Options 4 and 5, called the "FRA Technical Alternative." — There is no "Preferred" or "Optimized" Alternative. — This option was presented to Steering Committee on May 22, 2009 Z-V It CNlln. r•.NnW t.•I• c..lr cnr u..f r..f d 2. . �r �r jjjF �i t � � Cat •, 1• t • N•f• p-y f•f•Mn } Iln.t. N•. Tr•. f' �f y � R.l.l•m G.G II•.f .• 4� /n•f.aNlr. Y••va.ne cr•r.•• +IetiV s:.lm• sln.r. o too. tie. / ourw carats. ut J Objectives for FRA Technical Alternative • Maximize Cost Benefit - Target 1.5 • Serve the resort areas directly as well as 1 -70 communities • Reduce tunneling from Unconstrained (4% grade) option to reduce Capital Costs • Minimize Environmental Intrusiveness (e.g., avoid Clear Creek Canyon) • Minimize construction impacts and maintenance of traffic concerns on 1 -70 (August 22, 2008) Steering Committee • Reduce use of 7% gradients - 4% reduces operating risks, equipment costs and preserves the option to use off - the -shelf designs for High Speed EMU equipment OTM M /O erC -*.ft= Vail Station Assumptions 1. Dowd Junction. Agreed as location for Pando Route 2. Vail Valley. Agreed as location for Vail Pass Route Stations served by shuttle bus system to hotels. Agreed Steering Committee February 27, 2009 / Corridor Input Meeting #3, April 29/30,2009 6 Capital Cost Impacts for FRA Technical Alternative: Infrastructure Costs Copper Mountain to Dowd ]unction Costing Segments N -33 W -32 Vail 50.1 5.10 ml Minturn W`30 KEY f-47 18.60 ml ' ml Existino Rail Unconstrained 1 -70 HWY W -31 18.00 ml • • " " "•... Connector/Branch W -29 16.06 ml Copper Mtn. Pando —4Q, Kokomo The Vail Pass route comprises: Jct. The Pando route comprises: W -30 $1,808.9 M W -29 $ 818.8 M W -32 5 275.0 M W -31 $ 911.4 M TOTAL COST $ 2,083.9 M TOTAL COST $ 1,730.2 M Infrastructure Capita/ Cost Saving - $354 lii/ /ion 9TD4. o,.1oaam co.iase. uc Power vs. Grade Speed Limits rxhlhit 3.19: Speed Profile - DIA to Assn 1.70 WCht.M y,.45 mph m Grade) -130 Miles -1:20 Rsaslas More rxMblt 5-20: Speed Profile- DIA to Awo 1.70 Right- d- Wsy(60 mph 1a Ge de) -130 blues -2:05 it -olos nee ottst3. xc foaMa caWl.b. tiC Standard Trains: — 45 mph on 7 % grades — 70 -80 mph on 4% grades* — $36 mitt per train — $10.4917-M maintenance ■ Extra Powered Trains: — 60 -mph on 70% grades — $44 milt per train — $13.1117-M maintenance Copper to Vail Times ***: ExlstkV Condblons Report, page C,2 " No appesebb/e thno sexkrga Iron Higher Powered Train on Pando rolae, since trackgtxsneoy would an/t speeds •'• Exhibit &23 7 Standard High Powered Vail Pass 32 min 22 min Pando 32 min 32 min ** ExlstkV Condblons Report, page C,2 " No appesebb/e thno sexkrga Iron Higher Powered Train on Pando rolae, since trackgtxsneoy would an/t speeds •'• Exhibit &23 7 Capital Cost Impacts for FRA Technical Alternative: Vehicle Costs Vail Pass Pando 7 percent Equipment $2.2 Billion 50 Trains Cost per Train $44 mill 4 percent Equipment $1.8 Billion 50 Trains Cost per Train $36 mill Eouipment Cavita/ Cost Saving - $400 Million CTFM..c /CUrq c.-Na = Operating Costs Vail Pass Pando Veh Maint Cost = $13.11/TM Veh Maint Cost = $10.49/TM $85.2 Million /Year $68.2 Million /Year Annual EavZoment Maintenance Saving - $17 Million/Year Or $510 million over 30 -Year life ofsystiem * Approx 6.5 million Train Miles per Year *T",—/Q�C�ALC 11mi Vail Pass Tradeoff 1. A "High Powered Train" on Vail Pass could run up to 10 minutes faster than a "Standard Train" via Pando, but it would cost $354M + $4O0M + $510M = $1.26 Billion more over the 30 -year life of the system. 2. A "Standard Train" on Vail Pass would take the same time as a "Standard Train" via Pando, but Vail Pass costs $354M more. Pando is more cost effective for a "Standard Powered Train" than Vail Pass, and has the same schedule. 3. The use of a "Standard Train" with 4% grade option • Minimizes vehicle technology risk • Maximizes the likelihood of a competitive procurement, and • Reduces the capital cost of the RMRA system. o.".W.1QUb1"C .w.UC Conclusion 1. The "FRA Technical Alternative" is an improved option beyond the eight (or more) feasible options that were initially developed for the RMRA system. 2. The "FRA Technical Alternative" provides a Cost Benefit Ratio of 1.47, which shows that the project is strong enough to minimize the downside risk of a failed project, and is competitive on both a State and Federal level. 3. The "FRA Technical Alternative" provides — ■ Maximum equipment and operational flexibility • Minimum environmental impact • Least 1 -70 traffic impact in areas of environmental sensitivity and difficult construction • One seat ride connecting the 1 -25 and 1 -70 corridors • Improved potential for Western Extensions to Aspen, Steamboat Springs, and Grand Junction. o,". �,0, cwwuk � = 0 Recommendation 1. The intent of the RMRA study is not to screen the Vail Pass route from future consideration. In fact most of the initial eight Feasible RMRA alternatives did include Vail Pass, so that routing has already been found economically feasible. 2. The FRA Technical alternative meets the study objective of finding a competitive alternative to present to FRA, for pursuing significant funding that will be needed to develop a Colorado High Speed rail system. 3. The Pando route was used in the feasibility study to stay within the 4 % grade criteria and provide an alternative to difficult construction across Vail Pass. It is recommended that the PE and EIS should retain both Pando and Vail Pass alternatives for more detailed analysis. o,D4 .�.,o.��...., Next Steps 1. Seek HSR Corridor designation from FRA 2. Prepare State Rail Plan 3. Authorize Implementation Agency: RMRA role? 4. Initiate Project Development/Environmental processes 5. Prepare Service Development Plan for funding application o.".�,a. C—ft...= 10 u �i oaf. Awn � ";mf It "'e. -' Thank You. mi 11 � f via i47%ex /d 6evxrgdo The Rocky Mountain Rail Authority (RMRA) is very pleased to learn that Colorado will receive $1.4 million in High Speed Intercity Passenger Rail grants from the American Recovery and Reinvestment Act to create a sophisticated plan for connecting passenger rail transit systems throughout Colorado. These awards will allow Colorado to complete both a State Rail Plan and a RTD Fastracks High Speed Rail Interconnectivity Plan for Metro Denver and begin creating a high speed intercity passenger rail vision for the 21St and 22nd centuries. We would like to thank Congress and the Obama Administration for this generous award. Colorado will receive a $400,000 grant to develop a State Rail Plan. The grant will be matched with $400,000 in state funds. A State Rail Plan is required to qualify for a national designation of a high speed rail corridor which will allow future federal funding opportunities for high speed intercity passenger rail in Colorado. It will also create the foundation for integrating passenger and freight rail into Colorado's multimodal transportation vision for the 21st century and beyond. It will form the priorities for public investment in high speed intercity passenger rail in Colorado and develop the priorities for implementation. This plan will be included as part of a National Rail Plan and will consider other nearby state rail plans so that potential for transcontinental connectivity for both freight and passenger rail is enhanced. Colorado will receive a $1 million grant to conduct a High Speed Rail Connectivity Study with the RTD Fastracks Commuter Rail and Light Rail Network. The grant will be matched with $1 million in state funds. The Connectivity Study will examine how high speed intercity passenger rail systems outside the Denver metro area might interface with RTD's Fastracks system. This study will build upon previous passenger rail studies to determine where high speed intercity passenger rail stations would ideally need to connect with RTD lines to fully integrate rail transit in the metro area, maximize ridership and make the best and most efficient use of Colorado's public investment in passenger transit. The Rocky Mountain Rail Authority is a multi - jurisdictional government body created to explore high speed intercity passenger rail as part of a viable multi -modal transportation system for Colorado. RMRA members include 52 counties, municipalities and transportation districts and authorities throughout Colorado. For more information, visit www.rockymountainrail.ora. The Rocky Mountain Rail Authority is nearing completion of a study of the technical, financial and economic feasibility of implementing high speed intercity passenger rail service within Colorado. The study will evaluate the provision of high speed intercity passenger train service connecting the cities and counties along the Front Range, the I -70 Corridor and other locations within the state. While the study won't be released to the public until the end of March, the analysis to date would suggest strong feasibility for a high speed intercity passenger rail system in Colorado from Fort Collins to Pueblo and from the Denver International Airport to the Eagle County Airport. While as a first step feasibility study, the study does not make any final decisions about specific alignments or specific station locations, it does however offer feasible alignment and station options and provides a very positive message for the continued study of high speed intercity passenger rail in Colorado. The RMRA will be presenting the results of its study in April and would be very pleased to have an opportunity to present the results to Colorado's Congressional Delegation. Thank you again for supporting Colorado's multi -modal transportation planning efforts and the Federal government's generous ARRA grant award to Colorado. Sincerely, Harry Dale Chairman, Rocky Mountain Rail Authority Torun CfA M A ipt W\IZ P.O. BCP( 975 One Lale 5tieet VO N Awn, Go mJD81620 97l}748-4005 C O L O R A D, "., Office of the Town Manager To: Honorable Mayor and Town Council From: Lary Brooks, Town Manager Date: February 12, 2010 Regarding: 1 -70 Coalition update I will present an extremely short power point summary of the 1 -70 Coalition efforts and achievements to date and give you an assessment of coalition role in the future. To date we have achieved a high level of awareness and recognition through the corridor, and with the benefit of grant proceeds, have put the 1 -70 web site in motion. I am informed that the use of the site has grown substantially. The Programmatic Environmental Impact Study is inching its way to conclusion and a probable Record of Decision. That sounds simple, but given the fact that it required the stakeholders along the corridor to reach a consensus on a preferred alternative, the achievement is monumental. With the conclusion of the consensus and study side of the program reaching an end, the next steps involve implementation efforts. In other words, now that we know what we want, how do we start building it and making sure it has continued stakeholder input? 1�ehuD widd- S�f ooe'l� S,15imt Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved By: Scott Wright, Assistant Town Manager /Finance From: Jennifer Strehler, Director of Public Works and Transportation Date: January 26, 2010 Re: Connect Avon Now Update IJWM In response to the expressed wishes of our community as evidenced in surveys, open houses, phone calls, and meetings, the Town is proceeding with further development of a project called Connect Avon Now. This project involves improving multi -modal transportation connectivity within and through Avon consistent with the vision and goals established in the Avon Comprehensive Plan. Specific improvements planned include: extensions of transit service, construction of pedestrian sidewalks, construction of bicycle lanes and trails, and the addition of public parking in the town core. New sources - of funding and financing are needed to Connect Avon Now implement this project. Today's work session multi-modal • • • involves discussing the Connect Avon Now •• • • • • project timeline and actions needed prior to T _ consideration of possible November ballot questions. Previous Council Actions: The Town Council has been involved in strategic long -term planning for transit, trails, and parking in Avon for over one year. August 2007- Town Council adopted the Avon West Town Center Plan (Design Workshop, 2007). This plan includes provision of a 300 -350 stall parking garage located on or near Main Street. July 2008 - Community survey results were presented to Town Council which showed strong public support for transit and trails. Page 1 of 5 Marchl0, 2009 - The concepts which were later embedded in the Strategic Transit Plan portion of the Transportation Comprehensive Plan were presented to Town Council. This presentation described historic financial performance of the Avon Transit enterprise fund and offered a long -term vision for transit which included the new routes and services. Funding options were also discussed, including sales tax increase, hotel /motel tax increase, property tax increase, and formation of a general improvement district (GID). June 23, 2009 - Transit survey results were presented to Town Council which showed strong public support for expansion of transit and trails and creation of a new funding mechanism to pay for the added services /facilities. July 14, 2009 - Staff highlighted the specific transit services and a sample list of trail /pedestrian project components that could be funded under a new project initiative. Note that this meeting initially introduced this project as the "Avon Walkable Community Project" but, after some discussion, Council expressed a preference for re- naming the project to Connect Avon Now. Town Council directed staff to 1) notify the County Clerk of Avon's intent to have a ballot question in November 2009 and 2) provide more information about options for funding the project. July 28, 2009 - Presentation of Preliminary Financial Modeling for Sales Tax increase to fund transit and trails. Discussion of possible use of hotel /motel tax and /or GID was explored further. August 11, 2009 -Town Council decided to delay plans to place a transit /trails question on the November 2009 ballot in order to allow more time to carefully study the issues. Preference for a November 2010 ballot date was expressed. August 28, 2009 - The 2010 Transit Division Budget was proposed. September 22, 2009 -The Transportation Comprehensive Plan (FHU, 2009) was adopted by Town Council on this date. This document describes a near -term plan to expand transit bus service to connect the Village at Avon and Beaver Creek Ski Area by modifying routes and frequency to add another 6,000 service hours. The plan includes a list of over $7,000,000 worth of recommended pedestrian, bicycle, and recreational trail capital improvements. Associated transit capital improvements and fleet replacement needs are also identified in that document. October 20, 2009 - 2010 Budget Retreat, Transit and Trails funding strategy. Town into the shared vision for the project. Final Transit Division budget for 2010, focus Council requested addition of public parking November 10, 2009 - Town Council developed a consensus about the shared vision for Connect Avon Now. This vision included the scope, schedule, and budget implications of transit, trails, and parking project components included in the project. December 8, 2009 - Public finance experts described their experience on similar ballot questions. They emphasized the important role of Town Council with respect to public outreach. Page 2of5 Discussion Staff will briefly review the shared vision of the project, discuss specific planned capital and operational elements, and review the proposed funding mechanism (i.e., a short repeat from November 10, 2009 work session). However, the focus of this work session will be on "next steps ". Town staff have received some consulting advice from Jonathan Heroux (Piper Jaffray & Co.) and Steve Welchert ( Welchert & Britz) about Connect Avon Now. These gentlemen are professionals in public finance and public relations that have considerable experience on similar initiatives. Their input regarding schedule, assembling factual information, and community outreach has been summarized below. Schedule It is important that Avon describes the project to a sufficient degree of detail so that meaningful public outreach can occur. Town staff can assemble the available information and make this information readily accessible and easy to understand. As policy makers, Town Council can and should then help communicate this information to the community and seek feedback. The Town will remain open to receive suggestions and better understand the priorities of the public. From this public input, the final project definition and associated ballot question language can be developed. All of this should happen reasonably close to the ballot timing so that the public is engaged and informed to make a voting decision in November. The planned near -term steps below are recommended consistent with this approach: February 1. Staff to prepare a series of public communiques about the state and future of Avon's Transportation and parking system, as learned from the findings of the Comprehensive Transportation Plan (FHU, 2009) and other published documents and public processes. a. Communique regarding the overall system i. Existing transit service deficiencies ii. Existing parking deficiencies iii. Existing lack of connectivity iv. Existing transportation system inconsistent with key land -use goals (e.g., affordable housing and transit oriented development) v. Long -term implications of population growth and development if "no change" vi. Cost implications (bracket range of best and worst case scenarios) b. Communique regarding public parking c. Communique regarding public transit d. Communique regarding trails, bicycle, and pedestrian connectivity 2. Staff to develop descriptive draft project information into printable format for public review a. Text, Tables, Graphics b. Frequently asked questions list c. Web site links to information 3. Staff to develop a list of influential local leaders 1 Each communique should explain the specific immediate and long -term needs, alternatives considered, costs, and recommended solutions; identify public input comments; explain how the recommended solution is consistent with the Avon Comprehensive Plan goals; and how the solution is fiscally responsible. Page 3 of 5 4. Town Manager to discuss possibility of getting a "loaned executive" from Beaver Creek to assist with meeting facilitation in the summer and fall. March 5. Initiate public outreach activities by Town Council 6. Town staff to provide information and answer questions about Connect Avon Now April 7. Continued community outreach by Town Council Factual Information As soon as possible, Town staff will assemble factual information about Connect Avon Now and get it to Town Council. The plan is to prepare a list of responses to "Frequently Asked Questions ". Each of the following questions will be addressed: 1. What is "Connect Avon Now "? 2. What, specifically, will this project accomplish? 3. How will I benefit from this project? 4. How will other Avon residents benefit from this project? 5. How will the local economy benefit from this project? 6. Why do we need to do this now? Should we wait? 7. How much will this project cost? 8. How can we pay for this? 9. Will the taxing mechanism apply in the Village at Avon? 10.Will the taxing mechanism apply in Beaver Creek Metro District? 11.How will our resulting tax structure compare to other Colorado Mountain areas? 12.What happens if this ballot measure doesn't pass? 13.What if Eagle County (ECO Transit) forms an RTD? 14.Who supports this project? 15.Who is opposed to this project? A draft of this information has already been prepared and is currently under review. Community Outreach Town Council members act as ambassadors when conducting community outreach. The goal is to engage in a community- centered discussion about transportation needs and potential solutions. This is best done in one -on -one or small group meetings with individuals that are plugged into the community and may be influential. It will be necessary to succinctly describe what Connect Avon Now is, what it accomplishes, how much it costs, why it is needed now, and how the community is expected to benefit. Town staff will make fact sheets available on the initial proposal to provide supporting details. It is very important to listen for suggestions and remain open to new ideas. Public feedback can be provided back to staff and other Town Council members, and also summarized for the public, at Town Council meetings during the spring and summer. Some basic tips: Remember that Avon is in a great position to make positive change. We've done our homework and have facts (not guesses) about our local transportation problems, possible solutions, and the costs. Page 4 of 5 Divest to Invest. Remain flexible with how the final project and revenue streams may evolve as a result of public input. Letting the community's voice influence the final project description will increase the potential for any ballot question to receive support. • Early work reduces November anxiety. In small communities, personal relationships and friendly encounters at the Post Office are often more important than any brochure of facts. Getting people " "up -to- speed" lays a foundation and opens communication up now so that they are more engaged and likely to make an informed vote later. • Council participation is key. Unanimity among Council on final action is important. All communications should include both a response and an input piece. We want to acknowledge what we are hearing and learning from our citizens. We want to reflect that back to the community to be sure we are getting it right and to stimulate discussion on the key topics. We should solicit input from community leaders, businesses, residents, guests, system users, and other regular people so that we can learn the perspectives of these different voices. Financial Implications: No financial expenditure decisions are involved in this work session. Town Manager Comments Page 5of5 FINANCIAL MATTERS February 23, 2010 1. YTD Building Revenue Report Actual vs Budget — January 2. Detail -Real Estate Transfer Taxes — December, January 3. Accommodations Tax Worksheet Actual vs Budget — December 4. Sales Tax Worksheet Actual vs Budget - December H r-I O O O M w w sr NN OOwN %D ID �4D HW i+ Ul H x w ao H zH �) (� % w �� o o o o 0000 �O ID �D D tip f�L . Wul mm 0000 m m m ED > Ww O ti OD OD ww o o In In o oww M M M M M M 1 m rn c an M co co co 00 J w w CO N o Ul Ul Ul rl r-I H N N N M O N W [i7 OOOo w E mm m M 0 0 0 0 M m M M 9, • O O O O o O O • > r-1 r-I Ul In w W ID O W M M M M w k D � O N F a O H r-1 r-1 H H N a w an W H O N w UI o o 0000 O O 4 l f l W O O O O O O O O o > O H N W N U Ul W C4 E a O a o z N O n: N 0000 w w w Fa M M 0000 M M M IO [..E. H oo c; c 0 0 o O RC H W W H r-I to In W w w E O a U M M M M W W ID 7. w N 04 0: H H H H r-I 0 �7 � E P Z -- w > >~ w .+ x a O F o 0 0000 0 0 0 U W O O o 0 0 0 O O O U C7 (6 q o o O o o o 0 o 0 .7 o o O o O o o o o 3 1 W o o o o 0 0 o o O Ol b o0 olnlllo w w 0 Ul E lfl Ul aD N r-I �O 10 l0 ,7. N Ul 0 N u V Ul Ul b F W a •a H u tl P4F > E O W a Ul 0 of a 1 w w i w zq b v1 r•C i O 3 v1 E. I w M ��-I w FUl MU)> Ww , •o UI I H E W W W w u r o • z o q z X H o w a 3 u z O)H a w w a£ Ix wH H il\ a n u a wx zH> off 0 OH E aW xxo>a q coo orxa�a qzwa H E a UUHWW o a 7Eo zq ox~a`� O H E!�+o H q IY.O a W A w o o z o I H z q o u> z a o•^7��[H 00 w HW R[No i��o �a 1 I .:) �H' wUl z E\•• IX 134 w WEa mw aavlgw F z u ••UI Z z 0 w a WHo C7 zx WEF W E a a w 0 a\•• Z No 0 O I U O E z a N H O H GO I E H E H w W HE qa' cD a u E 0 a q cD P z0oH a x ..1 u 0 0 0 a N N w N 0 F O O P UIgE. Ulrt MEF P r1.a�l 4 O LnE HinLnlnF F F E Town of Avon Real Estate Transfer Tax Calendar Year 2009 Chicago Title Christie Lodge 60.00 The Gates at Purchaser Name Property Amount Received Riverfront PUD Beaver Creek Title Comp Rickies Mtn. Vista 1301 -35 Nov -09 $ 912,401.41 $ 513,147.49 $ Land Title Guarantee Falcon Pointe 308 -17 20.00 Lakeside Terrace 10 -01 Title Comp Rockies Mtn. Vista 48 -09 179.90 Benchmark B -19 Title Comp Rockies Mtn. Vista 49 -09 310.70 Seasons # 201 Title Comp Rockies Mtn. Vista 50 -09 1,276.95 Riverfront 52 -09 Title Comp Rockies Mtn. Vista 51 -09 1,176.00 Riverfront 01 -10 Title Comp Rockies Mtn. Vista 52 -09 798.00 Riverfront 02 -10 Title Comp Rockies Mtn. Vista 1626 & 1628 -26 295.00 Riverfront 03 -10 Title Comp Rockies Lakeside Terrace 51 -09 144.95 Riverfront 04 -10 Mark, Kathy & Joshua Rumble Sunridge F -301 1,740.00 Riverfront 251 Penoxide LLC Avon Lake Viallas W -2 7,000.00 Riverfront 308 Bradley & Madonna Binkowski 114 Blue Flax Lot 10 Mtn. Star 72,000.00 Riverfront 548 Work Family US Trust 5201 Longsun Lane Lot 1 24,500.00 Riverfront 815 Douglas & Lisa Currey Lot 111 -E Blk 1 WR 24,000.00 Total December Revenue David W. Larue Lot 69 -A Blk 4 WR 25,385.60 Ticor Title Ins Riverfront 48 -09 4,886.60 Ticor Title Ins Riverfront 49 -09 4,248.00 Ticor Title Ins Riverfront 50 -09 6,510.30 Ticor Title Ins Riverfront 51 -09 5.716.00 Chicago Title Christie Lodge 60.00 Title Comp Rickies Mtn. Vista 10 -01 634.00 Title Comp Rickies Mtn. Vista 1301 -35 1675.00 Title Comp Rickies Mtn. Vista 04 -10 2573.90 Title Comp Rickies Lakeside Terrace 10 -01 144.95 Mark Yare Benchmark B -19 2400.00 MED Wholesales LLC Seasons # 201 6000.00 Ticor Title Ins Riverfront 52 -09 3,032.00 Ticor Title Ins Riverfront 01 -10 12,775.50 Ticor Title Ins Riverfront 02 -10 5,326.90 Ticor Title Ins Riverfront 03 -10 7,848.65 Ticor Title Ins Riverfront 04 -10 7,650.00 Martin G. Solomon Riverfront 251 27,000.00 Edward Lauber & Marsha Palanci Riverfront 308 16,440.00 Hogwild Holdings LLC Riverfront 548 17,400.00 Geroge & Kathleen Vonder Linden Riverfront 815 18,600.00 Total December Revenue 172,314.95 137,433.95 Total YTD Revenue Total 2009 Budget 1,084,716.36 650,581.44 825,000.00 650,000.00 Variance, Favorable (Unfavorable) $ 259,716.36 $ 581.44 $ Town of Avon Real Estate Transfer Tax Calendar Year 2010 Purchaser Name Property Amount Received Land Title Guarantee Falcon Pointe 105 -29 Land Title Guarantee Falcon Pointe 106 -18 Land Title Guarantee Falcon Pointe 313 -18 Land Title Guarantee Mtn. Vista 1825 & 1827 -48 Ronald & Holly Kammerer Avon Lake Villas # 18 Geroge & Amy Ruther 5207 Longsun Lane Dalava LLC Lot 83 Mtn. Star Crain Investments L.P. Riverfront 206 David K. Kremin Riverfront 210 Sharon L. Kimbell BLF Trust Riverfront 248 Unit 305 Riverfront LLC Riverfront 305 Joseph Frasco Riverfront 335 Herbert & Ellen Lepor Riverfront 415 R. Hernreich 1987 Family Trust Riverfront 615 DCB Properties LLC Riverfront 620 James & Mary Braun Riverfront 724 Drgastro's Family Partnership Riverfront 814 Brian & Lorri Petrauskas Riverfront 817 Total January Revenue Total YTD Revenue Total 2010 Budget Variance, Favorable (Unfavorable) 10.00 10.00 25.00 300.00 8,400.00 5,500.00 63,000.00 Riverfront PUD 21,180.00 19, 980.00 15,540.00 12,008.00 4,550.00 16, 740.00 17, 940.00 5,915.00 14,400.00 6,435.00 25,200.00 77,245.00 159,888.00 The Gates a Beaver Cree 77,245.00 159,888.00 - 1,000,000.00 1,091, 798.00 $ (922,755.00) $ (931,910.00) $ - r W W 2 Y r: 0 yr Z ?� = Q X U o Z O Z p O Q �' O C� O C O N U U Q O Cn M C_ O (O O L N U O O 0 O U CY) O O O U N H M O O N r` O O N En c O U 0) (D O O U m U Q O O N V O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 (D N r- M w LO M N w N r- O r N V' (D O r r, r` (C) M O M r` 00 O O N r N U V M M O N co r r• N r rI-T M N N O N U') O (O M N O Cn W M M O N OR N M M M (D r` (C) OR O N O O O V, (n V M M r` co O O N m M co H M V co � O O Lo O M O V 00 r O N 00 O r r OO CO M M N- M V M N r (C M M (O M M r` M W N N rI-T O O O M r O O O N CM (D (D (D N r r` O r O N N (D - co r` O M NU') V (D O r O N r U) M M M r` r N r N C (M M N M r` (D (D r- M r` N M O M O r r o co O M M N N N N M N (f) U') O r- N O M r C� O CM O r; c'i ri ri r r U) M N r` r` V co O O- O O O C C6 o (D C'i C6 (o C (6 � Di of o (D r- r- N N N N G N O M V' N M (D M ll� (D C O N t1') - 'T N N V C N O N M M M M O N e N O O r (C N Cl W M (D I— O V M O M M O P- M (D U') (D r- V' N N N Q O M N O M r- M O O O C (D W (9 (f) O CM Cn 0 (D O M O M r` M O N N O M W N e co m I Cn � CO M � r` (f) M (D O C O O V' (M O O M M O e V (D (D �— r N r r (n r r V ua r r- M (D O (D N co O r` Lf� Lf� Cn W OU? 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