TC Council Packet 03-23-2010TOWN OF AVON, COLORADO VO AVON REGULAR MEETING FOR TUESDAY, MARCH 23, 2010
MEETING BEGINS AT 6 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. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY & CITIZEN INPUT
a. Avon Egg Hunt Event Update (Danita Chirichillo, Special Events Supervisor)
5. CONSENT AGENDA
a. Minutes from March 9, 2010
6. NEW BUSINESS
a. IGA for Law Enforcement Services within Other Municipalities in Eagle County (Jonathon Lovins,
Sergeant) Review Mutual Aid Agreement for the Provision of Law Enforcement Services
7. RESOLUTIONS
a. Resolution No. 10 -08, Series of 2010, Resolution Approving a Condominium Map of Avon Mini
Storage Condominiums, Lot 12, Block 1, Benchmark At Beaver Creek, Town of Avon, Eagle
County (Shane Pegram, Engineer II) This Condominium Map resubdivides the existing Avon Mini Storage,
located at 431 Metcalf Road, into two distinct condominium units and common elements
b. Resolution No. 10 -10, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget
(Scott Wright, Assistant Town Manager Finance) Review resolution amending 2010 budget cuts in light of
$1.1 million shortfall in revenues due to non - payment of municipal services and sales tax shortfall
invoices by Traer Creek Metropolitan District
c. Resolution No. 10 -11, Series of 2010, Resolution of Town of Avon Appointing Representatives
to Upper Eagle Regional Water Authority (Ron Wolfe, Mayor) Appointments to Upper Regional Water
Authority
8. ORDINANCES
a. Public Hearing on Ordinance No. 10 -04, Series of 2010, Second Reading, Ordinance
Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow
Short Term Rental Use (Matt Pielsticker, Planner II)
b. Public Hearing on Ordinance No. 10 -05, Series of 2010, Second Reading, Ordinance
Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station
Subdivision, to Allow Short Term Rental Use (Matt Pielsticker, Planner II)
Avon Council Meeting. 10.03.23.doc
Page 2 of 3
TOWN OF AVON,, COLORADOVON AVON REGULAR MEETING FOR TUESDAY, MARCH 23, 2010
MEETING BEGINS AT 6 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)
10. TOWN MANAGER REPORT
11. TOWN ATTORNEY REPORT
a. Update on Process for May Planning & Zoning Appointments
12. MAYOR REPORT
13. ADJOURNMENT
FUTURE AGENDA DATES & PROPOSED Topics:
APRIL 2010: Weed Ordinance, Wildlife Ordinance Amendments, Planning & Zoning Appointments, "CAN" Focus
Group Comments Update, Capital Project Budget Amendment
Avon Council Meeting. 10.03.23.doc
Page 3 of 3
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 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, and Buz
Reynolds. Brian Sipes was absent. 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.
COMMUNITY/ CITIZEN INPUT
• Charles Wolf introduced himself as running for Eagle County Sheriff in November.
• An update was presented on the IronKids Event.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no changes to the agenda and no conflict of interest.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Councilor Dantas moved to approve
the consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from February 23, 2010
b. Western Enterprise, Inc. Contract for Salute to U.S.A Fireworks production with Western
Enterprises (Meryl Jacobs, Recreation Director)
RESOLUTIONS
Ross Graves, Vince Cook, GreenPort Sustainable Communities Corporation, presented
Resolution No. 10 -09, Series of 2010, Resolution in Support of GreenPort Initiative. He
reviewed the progress made on the Greenport Initiative and requested that the Town consider
supporting the Resolution in support of the "Transit Oriented Economic Development Corridor".
Vince Cook spoke about the program and conversations with CDOT and the possibility of
getting stimulus funding. It was noted that support would be first, and hopefully funding support
would be requested at a later date. Councilor Ferraro moved to approve Resolution No. 10 -09,
Series of 2010, Resolution in Support of GreenPort Initiative; Councilor Carroll seconded the
motion and it passed unanimously by those present (Sipes absent).
ORDINANCES
Willey Gary presented Ordinance No. 10 -02, Series of 2010, Second Reading, Ordinance
Adopting the 2009 International Building Code by Reference and Repealing and Amending Title
15 of the Avon Municipal Code in its Entirety Town Attorney. Some discussion ensued on the
automatic sprinkler system requirements, 15.10.115, Section R313, (page 24) and it was
suggested that this section be excluded. It was noted that the purpose of the systems is to save
property and not lives. It was noted that this topic would be raised again in 2012. Mayor Wolfe
opened the public hearing, no comments were made, and the hearing was closed. Councilor
Carroll moved to approve Ordinance No. 10 -02, Series of 2010, Second Reading, Ordinance
Adopting the 2009 International Building Code by Reference and Repealing and Amending Title
15 of the Avon Municipal Code in its Entirety with the condition that Section 15.10.115 be
repealed Councilor Dantas seconded the motion and it passed unanimously by those present.
(Sipes absent)
Matt Pielsticker, Planner il, presented Ordinance No. 10 -04, Series of 2010, First Reading,
Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood
Subdivision, to Allow Short Term Rental Use. He noted that the Brookside HOA submitted an
application to amend the Brookside PUD to permit Short Term Rentals as a use by right on Lots
2 and 3 of the development. it was also noted that the P &Z Commission unanimously approved
the application. Vicki Eastman representing the homeowners association and property
management company was present to answer questions. Councilor Carroll moved to approve
Ordinance No. 10 -04, Series of 2010, First Reading, Ordinance Approving an Amendment to
the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use.
Councilor Ferraro seconded the motion and it passed unanimously by those present (Sipes
absent).
Matt Pielsticker, Planner II, presented Ordinance No. 10 -05, Series of 2010, First Reading,
Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station
Subdivision, to Allow Short Term Rental Use. He noted that the Canyon Run HOA submitted an
application to amend the Canyon Run PUD to permit short term rentals as a use by right on Lot
4 of the development. it was noted that the property is 70 residential units and approval was
received from the homeowners. Vicki Eastman representing the homeowners association and
property management company was present to answer questions. There was a question about
the enforcement of the short term rentals that are being approved with these ordinances. It was
noted that the declarations allowed for the short term rental use and a majority vote approved
the short term use. Councilor Ferraro moved to approve Ordinance No. 10 -05, Series of 2010,
First Reading, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4,
Nottingham Station Subdivision, to Allow Short Term Rental Use. Councilor Dantas seconded
the motion and it passed unanimously by those present (Sipes absent). It was noted the public
hearing on the two ordinances would be held at the March 23, 2010 meeting.
APPEAL BY TRAER CREEK PLAZA, LLC
Mayor Wolfe presented the 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, introduced the appeal as the Town Clerk's decision not to
place the item on the council agenda for several reasons outlined by Sally Vecchio representing
Community Development himself. The matter was reviewed on February 23, 2010 with
representatives from Traer Creek, the Town Council and town staff. The record provided was
reviewed by the Town Council and closed. He noted that the deliberation at this meeting would
result in direction to staff to draft the final findings of fact.
The Town Council evaluated the Johnson & Repucci Proposed Findings of Fact, Conclusions,
and Order first (Attachment A to minutes) and the following conclusions were provided:
1. Include as finding
2. Include as finding
3. Include as finding
4. include as finding; it was noted that the town clerk's letter was dated January 3, 2010 but
should have been dated February 3, 2010
5. Include as finding; Suggested that there should more specificity when using the name
" Traer" in all of the findings.
6. Include as finding; Suggested that there should be more specificity to "and various other
cited sections" of the Avon Municipal Code; agreed with the intent
7. Do not include as a finding
Regular Council Meeting Page 2 of 4
10.03.09.doc
8. Do not include as a finding
9. Do not include as a finding
10. Do not include as a finding
11. Do not include as a finding
12. Do not include as a finding
13. Do not include as a finding
14. Include as finding
15. Include as finding
16. Do not include as a finding
17. Do not include as a finding
18. Do not include as a finding
19. Do not include as a finding
20. Do not include as a finding
21. Do not include as a finding
22. Do not include as a finding
23. Do not include as a finding
24. Do not include as a finding
The Town Council evaluated the Proposed Findings of Fact and Final Decision (Attachment B)
as written by Town Attorney, Eric Heil and the following conclusions were provided:
1. Include as finding
2. Include as finding
3. Include as finding
4a. Include as finding
4b. Include as finding; review this section by comparing it to the code, with attention to
ownership and possession language. What is the intent of the code
4c. Include as finding
4d. Include as finding
It was noted to include the footnotes as part of the findings
4e. Include as findings
4f. Include as finding
5a. Include as finding
5b. Include as finding
5c. Include as finding
5d. Include as finding
5e. Include something about paragraph of the development agreement; include as finding
6. Include as finding
It was also suggested to include Repucci's finding about the narrowness of the topic; his
number 15. Mayor Wolfe asked if there were any other findings the council would like to
include; it was agreed that the record was complete. Mayor Wolfe noted that no decision was
made at this time, and the matter would be continued to the March 23, 2010 meeting at which
time Council would consider the consolidated draft of the "Findings of Fact" and a final decision
would be discussed. Mayor Wolfe would ask that the findings be adopted at this meeting.
Some discussion ensued about the timeline for the decision making; it was noted that the 35
day time requirement would end on March 29, 2010.
Regular Council Meeting Page 3 of 4
10.03.09.doc
There being no further business to come before the Council, the regular meeting adjourned at
8 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 4 of 4
10.03.09.doc
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TOWN OF AVON, COLORADO
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
TRAER CREEK PLAZA LLC, a Colorado limited liability company,
Applicant - Appellant,
vs.
TOWN OF AVON, a Colorado home rule municipality, and
PATTI McKENNY, in her capacity as TOWN CLERK
of TOWN OF AVON,
Respondent - Appellee
ATTORNEYS FOR APPLICANT - APPELLANT:
Michael J. Repucci, #16163
JOHNSON & REPUCCI LLP
2521 Broadway, Suite A
Boulder, Colorado 80304
Telephone: (303) 442 -1900
Facsimile: (303) 442 -0191
PROPOSED FINDINGS OF FACT, CONCLUSIONS, AND ORDER
THE TOWN OF AVON TOWN COUNCIL (the "Avon Town Council "), having
reviewed the public record of this appeal as detailed on Exhibit 1 attached hereto, and the oral
arguments of the parties made at the February 23, 2010 appeal hearing of Applicant - Appellant
Traer Creek Plaza. LLC ( "Traer "), hereby delivers its findings of fact, conclusions, and order
with respect to Traer's appeal of the January 3, 2010 decision of Avon Town Clerk Patty
McKenny (the "Town Clerk ") to decline to place Traer's Condominium Plat Application on the
Avon Town Council meeting agenda for February 9, 2010, or on a later Avon Town Council
meeting agenda (the "Town Clerk's Decision ").
I. FINDINGS OF FACT
1. Traer's appeal of the Town Clerk's Decision was timely submitted in accordance
with Avon Municipal Code Section 16.12.050(d).
{00113877.2}
2. The February 23, 2010 hearing concerning Traer's appeal of the Town Clerk's
Decision was properly noticed as required by the Avon Municipal Code.
3. The Avon Town Council, acting in its capacity as a quasi-judicial tribunal,
properly has jurisdiction over the matters described in Traer's appeal and has full legal power
and authority to render its decision with respect to Traer's appeal.
4. The Town Clerk's Decision was premised on the two grounds set forth in the
Town Clerk's January 3, 2010 correspondence to Helaine R. Smith of Johnson & Repucci LLP,
to wit (a) the Town Clerk's determination that Traer's application "is not in compliance with the
standards of the applicable regulations as identified by Sally Vecchio, Community Development
Director," and (b) the Town Clerk's determination 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."
5. At the February 23, 2010 appeal hearing, Community Development Director Sally
Vecchio and Town Attorney Eric Heil presented oral arguments on the record in support of the
Town Clerk's Decision, and Michael Repucci of Johnson & Repucci LLP, appearing on behalf
of Traer, presented oral arguments on the record in support of Traer's position that the Avon
Town Council should overrule the Town Clerk's Decision and direct the Town Clerk to place
Traer's application on the next available Town Council agenda for public hearing.
6. With respect to the first ground asserted by the Town Clerk in support of the
Town Clerk's Decision, Community Development Director Sally Vecchio stated that neither the
preliminary plan nor the final plat for Village (at Avon) Filing No. 1 included approval of a
parking garage to be a separately owned public improvement which would provide the required
parking for the development of Lot 2, and that the proposed Condominium Plat is inconsistent
with the Off - Street Parking Regulations of the Village at Avon PUD and various other cited
sections of the Avon Municipal Code with respect to the proposed ownership of the Lot 2
underground parking areas.
7. Community Development Director Sally Vecchio stated that pursuant to the
Parking Table contained in Exhibit C to the Village at Avon PUD Guide, the total parking
requirements for the approved uses of Lot 2 is 215 parking spaces, but that Traer's proposed
Condominium Plat Application provided for a total of 263 on -site parking spaces on Lot 2
(consisting of 168 parking spaces in the parking garage and 95 surface parking spaces), thereby
resulting in 48 surplus parking spaces located on Lot 2.
8. Community Development Director Sally Vecchio further stated that if the 168
underground parking spaces are owned other than in co- tenancy as a general common element of
the proposed condominium, then only 95 parking spaces are available for Lot 2 as compared to
the 215 required parking spaces.
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9. Finally, Community Development Director Vecchio stated that Traer's proposed
Condominium Plat Note 19 restricting use of the 168 underground parking spaces to public
parking is inadequate because the restriction would continue for only so long as those parking
spaces are owned by Traer Creek Metropolitan District, rather than in perpetuity.
10. Mr. Repucci responded to Community Development Director Vecchio's
presentation by pointing out that pursuant to Mr. Repucci's November 23, 2009 correspondence
to Town Attorney Heil, Traer previously agreed to revise proposed Condominium Plat Note 19
to restrict use of the 168 underground parking spaces to public parking purposes in perpetuity
and without regard to ownership, and to grant the Town of Avon rights with respect to
enforcement of that restriction, thereby allowing Traer to meet, and exceed, the public parking
requirement.
11. Mr. Repucci stated that the sole parking regulations governing development
within the Village at Avon PUD are contained within Exhibit C to the Village at Avon PUD
Guide (the "Village Parking Regulations "), and that the parking regulations contained in the
Town of Avon Municipal Code do not apply to development within the Village at Avon.
12. Mr. Repucci further stated that the proposed parking plan described in Traer's
Condominium Plat Application is in compliance with the Village Parking Regulations and is
therefore fully permissible. Specifically, the Village Parking Regulations do not contain any
requirements regarding ownership of parking areas, and that ownership of parking spaces or
areas is not a relevant factor in calculating whether sufficient parking spaces are provided under
the requirements of the Village Parking Regulations.
13. With respect to the second ground asserted by the Town Clerk in support of the
Town Clerk's Decision, Town Attorney Eric Heil stated that Avon Municipal Code Section
16.12.010 requires all owners of land sought to be subdivided to be applicants for subdivision
approval, and that the interests of Traer Creek Metropolitan District in Lot 2 essentially make
Traer Creek Metropolitan District an "owner" and "co- applicant" for the purpose of applying
Town of Avon Municipal Code Section 16.12.050(c) (which, in Mr. Heil's opinion, purportedly
would allow the Town of Avon to decline to consider Traer's application until the alleged
defaults of Traer Creek Metropolitan District under the Village at Avon Annexation and
Development Agreement are cured).
14. Mr. Repucci stated that only Traer is listed as the owner of Lot 2 in the Eagle
County public records and on the Eagle County real property tax rolls. Mr. Repucci stated that
Traer Creek Metropolitan District does not have an ownership interest in the land within Lot 2,
that it owns only the improvements comprising the parking structure, and those improvements
are located within Lot 2 pursuant to the District's easement interest in Lot 2. Mr. Repucci
further stated that Section 16.12.010 expressly states "No person but the owner of land may
subdivide or make application to subdivide," and that the Town's regulations therefore prohibit
any party other than the owner of the land from being an applicant. Mr. Repucci further
observed that if the Town of Avon takes the position that an easement interest owner is to be
treated as an "owner" and a "co- applicant" for purposes of applying Town of Avon Municipal
(00 113877 \ 2} 3
Code Section 16.12.010, then all easement interest owners, including all utility providers, are
required to be similarly treated with respect to all past and future Town of Avon subdivision
applications, and there is no evidence that the Town has ever taken this position on any prior
subdivision application.
II. CONCLUSIONS
15. With respect to considering Traer's appeal of the Town Clerk's Decision, the
Avon Town Council is mindful that it cannot consider the relative merits of Traer's
Condominium Plat Application at this time. Rather, Avon Town Council is solely required to
determine if adequate grounds exist to support the Town Clerk's Decision to refuse to place
Traer's Condominium Plat Application on the Avon Town Council meeting agenda for February
9, 2010, or on any later Avon Town Council meeting agenda.
The Proposed Lot 2 Parking Plan is Not Inconsistent with the Village at Avon PUD Guide.
16. The sole parking regulations governing development within the Village at Avon
PUD are contained in the Village Parking Regulations.
17. There are no restrictions contained in the Village Parking Regulations which
would lead the Avon Town Council to determine that the proposed parking plan described in
Traer's Condominium Plat Application is inconsistent with the Village at Avon PUD Guide, and
therefore the Avon Town Council hereby concludes that the proposed parking plan described in
Traer's Condominium Plat Application is not inconsistent with the Village at Avon PUD Guide.
18. Notwithstanding the foregoing finding, however, following public hearing on
Traer's Condominium Plat Application the Avon Town Council reserves the right to consider
further whether other conditions or restrictions are required to be imposed on Lot 2 underground
parking spaces in order to ensure that an adequate number of parking spaces remain available on
Lot 2 to provide parking spaces for Lot 2 permitted uses in accordance with the requirements set
forth in the Village Parking Regulations.
Traer Creek Metropolitan District is not an "Owner of Land" within the Meaning of Town of
Avon Municipal Code Section 16.12.010, and therefore is not a "Co Applicant "for Purposes
of Applying Town of Avon Municipal Code Section 16.12.050(c).
19. The Avon Town Council concludes that the reference to "the owner of land"
contained in Avon Municipal Code Section 16.12.010 refers to the fee title owner of the land to
be subdivided, and not to any holders of other interests in that land.
20. Traer is the sole fee title owner of Lot 2 and therefore is considered the sole
"applicant" for purposes of applying Town of Avon Municipal Code Section 16.12.050(c).
21. A court of competent jurisdiction has not found Traer or any of its affiliates in
default of any agreement or obligation with the Town of Avon.
(00113877 \2) 4
22. Alternatively, even if Traer Creek Metropolitan District is deemed to be a "co-
applicant" for purposes of applying Town of Avon Municipal Code Section 16.12.050(c), a court
of competent jurisdiction has not found Traer Creek Metropolitan District or any of its affiliates
in default of any agreement or obligation with the Town of Avon.
Traer is Entitled to Placement of Traer's Condominium Plat Application on the First
Available Town of Avon Town Council Agenda.
23. Since the Avon Town Council concludes that neither of the two grounds cited by
Avon Town Clerk Patty McKenny is applicable, Traer is entitled to placement of Traer's
Condominium Plat Application on the first available Avon Town Council agenda.
III. ORDER
24. Based on the foregoing, the Town Clerk's Decision is hereby reversed and
overruled.
25. Traer's Condominium Plat Application is hereby ordered to be placed on the first
available Avon Town Council agenda for public hearing and consideration by the Avon Town
Council.
DATED this _ day of 2010.
BY THE TOWN OF AVON:
Brian Sipes, Mayor Pro -Tern
{00113877 \ 2}
EXHIBIT 1
PUBLIC WRITTEN RECORD OF APPEAL
{00113877 \ 2}
oackxtV 3
Findings of Fact and Final Decision [town staff draft for Town Council consideration]
Town of Avon Town Council
RE: Traer Creek Plaza, LLC Condominium Subdivision Application
[March 3, 2010]
FINDINGS OF FACT AND FINAL DECISION
OF THE
TOWN COUNCIL OF THE TOWN OF AVON, COLORADO
REGARDING:
TRAER CREEK PLAZA, LLC APPEAL
ADOPTED , 2010
The following findings of fact are adopted by the Town of Avon Town Council as the basis and
rationale for the final decision of the Town Council with regard to an appeal by Traer Creek
Plaza, LLC of a decision by the Town Clerk.
1. Application Background: Traer Creek Plaza, LLC submitted a condominium
subdivision application ( "Application ") to the Town of Avon on August 28, 2008, to subdivide
the building ( "Traer Creek Plaza ") located on Lot 2, The Village (at Avon) Filing 1, Avon,
Colorado, to create 13 commercial units ( "Commercial Units "), one parking unit ( "Unit I"), and
16 limited common element storage units. Exhibit C of the Village at Avon PUD Guide ( "VAA
PUD Guide ") defines the quantity of required off - street parking for the proposed uses at Traer
Creek Plaza as a total of 215 required off - street parking spaces. The Application depicts a
surface parking area with a total of 95 spaces and a two level below grade parking garage with a
total of 168 parking spaces for a total of 263 off - street parking spaces. The Application proposes
to establish the surface parking area with 95 parking spaces as a common element (that would be
owned by an owner's association comprised of the Commercial Unit owners) and establish Unit
1 as a separately defined condominium unit (which is not a common element or limited common
element of the proposed owner's association.) The Application and related materials clearly
indicate that the intent of the Application and the right of Traer Creek Metropolitan District
( "District ") is that Unit 1 will be conveyed to the District if the Application is approved by the
Town Council.
2. Decision of the Town Clerk: The Town Clerk provided a letter on February 3, 2010 to
the representative of Traer Creek Plaza, LLC informing Traer Creek Plaza, LLC that the
Application would not be placed on a Town Council agenda in accordance with Section
16.12.050 of the Avon Municipal Code ( "Municipal Code ") because (a) the Application is not in
compliance with the Town's regulations concerning subdivision and ownership of required
parking and (b) Traer Creek Metropolitan District is considered to be an applicant for the
purposes of the Application and that Traer Creek Metropolitan District is currently in default of
agreements with the Town of Avon. Traer Creek Plaza, LLC, represented by Michael Repucci,
provided a letter dated February 4, 2010 requesting an appeal of the Town Clerk's decision to the
Town Council in accordance with Section 16.12.050(d) of the Municipal Code.
3. Statement of Incorporation of List of Documents: The Town Council received a list of
documents and records related to the Application which is identified as, "Traer Creek Plaza, LLC
Subdivision Application, List of Documents, prepared February 25, 2010," ( "List of
Documents "). The Town Council finds that it has considered all documents cited in the List of
Documents, as well as has considered the Municipal Code and relevant state statutes, and
Page 1
Findings of Fact and Final Decision [town staff draft for Town Council consideration]
Town of Avon Town Council
RE: Traer Creek Plaza, LLC Condominium Subdivision Application
[March 3, 2010]
incorporates all such documents into the findings of the Town Council. References to
documents and correspondence in this Findings of Fact and Final Decision cite the List of
Documents.
4. Findings Concerning Separation of Ownership of Required Parking:
a. VAA Agreement and PUD Guide: The VAA Agreement provides that the PUD Guide
is part of the "Development Plan" approved by the Town of Avon and the PUD Guide
is defined as, "The document approved by the Town that establishes land use and
development regulations for all of the Property and each of the Planning Areas within
the Property. "' The PUD Guide, U. states, "Parking Requirements. Parking shall be
in conformance with The Village (at Avon) Parking Regulations set forth in Exhibit C
to this PUD Guide." The PUD Guide, Exhibit C. sets forth a parking table in sub -part
A, includes a statement that "Shared Facilities" for parking is permitted in sub -part B,
establishes standards and formulas for reduction of parking requirements in mixed use
projects in sub -part C, and allows for reduction of parking dimensions for compact
cards in sub -part D. No regulation or standard in PUD Guide, Exhibit C expressly
addresses the issue of ownership of required parking or the separation of ownership of
required parking from the use or building which that parking serves.
The VAA Agreement provides that vested rights to develop within the Project includes
"The right to develop and complete the development of the Project (including, without
limitation, the right to receive all Town approvals necessary for development of the
Project) with conditions, standards and dedications which are no more onerous than
those imposed by the Town upon other developers in Town on a uniform, non-
discriminatory and consistent basis. ... "3 The PUD Guide also states, "Where the
Development Plan does not address a specific subject, the applicable provisions of the
Municipal Code shall, to the extent such Municipal Code provisions are not
inconsistent with any provision of the Development Plan or the Annexation and
Development Agreement, control the development of The Village (at Avon). "4
The PUD Guide does not expressly state that the parking regulations contained in
Exhibit C are the sole and exclusive regulations which can be applied to development
within The Village (at Avon) and the PUD Guide expressly states that the Municipal
Code shall control the development of The Village (at Avon) where the Development
Plan does not address a specific subject. The Development Plan does not address the
specific subject of establishing, permitting or allowing the parking required to serve a
use or building to be legally separated from the use or building which it is serving.
Item 29, VAA Agreement, Sections 1.1.9 "Development Plan" defined, 1.1.35 "PUD Guide" defined, and
Section 3.1 "PUD Zoning."
2 Item 29, VAA Agreement, Section 1.1.28 "Project" defined.
3 Item 29, VAA Agreement, Section 3.4(d), similar statements are made in Item 25, VAA Agreement
Section 3.6 and PUD Guide, Section A.4.
4 Item 29, PUD Guide, Section A.S.
Page 2
Findings of Fact and Final Decision [town staff draft for Town Council consideration]
Town of Avon Town Council
RE: Traer Creek Plaza, LLC Condominium Subdivision Application
[March 3, 2010]
b. Parking Regulations. Avon Municipal Code. The Municipal Code requires
condominium subdivision applications to be reviewed and approved by the Town
Council but does not expressly state the review process for condominium applications.
The Application was submitted, received and processed as a minor subdivision,
condominium final plat.5 Section 16.24.010 of the Municipal Code states that the final
plat must conform to the preliminary plan. Section 16.20.040 of the Municipal Code
states that the Town Council shall review the preliminary plan to determine whether the
proposed subdivision conforms to applicable zoning and subdivision regulations.
Section 17.24.010(a)(1) of the Municipal Code states the Town's Off - Street Parking
and Loading regulations shall apply, "For all buildings and structures erected, and all
uses of land established after the effective date of the ordinance codified in this
Chapter, accessory parking and loading facilities shall be provided in accordance with
the provisions of this Section and subject to any restrictions contained elsewhere in this
Chapter for the district in which such facilities are located." Section 17.08.040 defines
"accessory building or use" to mean, "a subordinate building or use which is located on
the same lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such building or main use,
Section 17.24.020(a)(1)a. of the Municipal Code states, "All parking spaces required to
serve buildings or uses erected, established, altered or enlarged after the effective date
of the ordinance codified in this Chapter shall be located on the same lot as the building
or use served, ..." Section 17.24.020(a)(2)a. of the Municipal Code states, "In cases
where parking facilities are permitted on land other than the lot on which the building
or use served is located, such facilities shall be in the same possession as the lot
occupied by the building or use to which the parking facilities are accessory. Such
possession shall be by deed or lease, and such deed or lease shall be filed with the
recorder of deeds of Eagle County." Section 17.24.020(a)(2)b. states that the
termination of lease for off -site parking shall classify the use as an illegal non-
conforming use and shall be subject to zoning enforcement action.
Section 17.08.440 of the Municipal Code states, "Lot means a parcel of real property as
shown with a separate and distinct number or letter on a plat recorded with the County
Clerk and Recorder, ..." and Section 16.08.110 of the Municipal Code states, "Lot
means the individual parcels or separate interests into which a tract of real property is to
be divided for purposes of occupancy or transfer of ownership."
C. Findina of intent and purpose. The Town Council finds that the intent and purpose of
Section 17.24.020 Off -Street Parking of the Municipal Code is to require the parking
which is accessory to the use or building that it serves to be in the same ownership as
the building or use that it serves in order to allow the Town to enforce such parking
requirement through its zoning enforcement authority. The Town Council further finds
5 Item 21
Page 3
Findings of Fact and Final Decision [town staff draft for Town Council consideration]
Town of Avon Town Council
RE: Traer Creek Plaza, LLC Condominium Subdivision Application
[March 3, 2010]
that the requirement that accessory parking should remain in the same ownership as the
building or use it serves promotes the intent of the Municipal Code, stated in Section
17.04.030(2) "To lessen congestion on the roads and enhance pedestrian and vehicle
movement with the least detriment to environmental quality;" by maintaining the
Town's zoning enforcement authority to enforce an adequate amount of required off -
street parking.
d. Definition of Lot as Applied. The Town Council finds that the Application proposes to
establish Unit 1 as a separate "Lot" because Unit 1 would have a separate and distinct
number or letter on the Traer Creek Plaza condominium map to be recorded in the
Eagle County Clerk and Recorder's Office and that Unit 1 would be a separate interest
of real property divided for the purpose of transfer of ownership. The Town Council
further finds that the Application does not propose that Unit 1 would be in the same
possession by deed or lease as the building or use for which Unit 1 is necessary to meet
the off -street parking requirements. Correspondence from Ms. Sisneros, legal counsel
for Traer Creek Metropolitan District, confirms the intent of the Application is to create
a legal, separate ownership interest in Unit 1 that is separate from the ownership of the
remainder of the Commercial Units in the Application.
e. Subdivision Variance Application Process. Town Council finds that Section 16.12.020
Variances of the Municipal Code permits an applicant to apply for a variance from the
strict or literal application of the subdivision regulations where such application would
result in undue hardship or where the regulations are not materially important, in a
planning sense, to the orderly controlled development of the tract in question. Town
Council finds that the Subdivision Variance application process would be the
appropriate subdivision application process to consider a subdivision application where
the applicant proposes the separation of ownership of the accessory parking from the
building or use that it serves.
L Final Decision. Based on the findings stated above, the Town Council finds that the
Application does not provide the required amount of accessory parking to serve the
building or use within the same ownership as the building or use that such accessory
parking serves, and therefore, the Application is not in compliance with the applicable
standards of the Municipal Code. Pursuant to Section 16.12.050 of the Municipal Code
the Application as submitted is not entitled to be placed on a meeting agenda of the
Avon Town Council for consideration by the Avon Town Council.
5. Findings Concerning Traer Creek Metropolitan District as an Applicant:
a. Municipal Code. Section 16.12.010 of the Municipal Code states, "No person but the
owner of land may subdivide or make application to subdivide such land without first
having obtained a properly acknowledged power of attorney to subdivide such land
from the owner or owners thereof of from the authorized agents of said owners."
Chapter 16.08 of the Municipal Code does not define "owner," "agent" or "land." The
6 Item 14, Exhibit 13, Pages 1 and 2.
Page 4
Findings of Fact and Final Decision [town staff draft for Town Council consideration]
Town of Avon Town Council
RE: Traer Creek Plaza, LLC Condominium Subdivision Application
[March 3, 2010]
Town has previously and consistently interpreted "owner of land" to include the owner
of buildings for the purposes of condominium subdivision applications. Section
16.08.080 of the Municipal Code states, "Easement means a conveyance or reservation
of an incident of ownership in real property for one (1) or more specific purposes."
b. Development Agreement and related documents. The Town of Avon issued a building
permit for Traer Creek Plaza in April of 2004. Subsequent to the issuance of the
building permit by the Town of Avon, Traer Creek -L2, LLC (the predecessor to Traer
Creek Plaza, LLC and referred to as "Developer") and Traer Creek Metropolitan
District ( "District ") entered into a Development Agreement, dated December 1, 2004,
a Common Easement Agreement dated December 1, 20048, and a Parking Facility
Easement Agreement, dated December 10, 20049. The Development Agreement sets
forth provisions in Section 4 Submission to Condominium Regime regarding
cooperation in the submission of an application to the Town of Avon to establish a
condominium regime ( "Condominium Regime "). Section 4(b) of the Development
Agreement states that the District covenants to pay the Developer twenty percent (20 %)
of all costs and expenses related to the formation of the Condominium Regime. Section
4(b) of the Development Agreement states, "The Developer acknowledges and agrees
that the District shall be entitled to review the proposed declarations, maps, bylaws, and
other documents or instruments to be entered into or produced in connection with the
establishment of the Condominium Regime." Section 4(b) of the Development
Agreement also states that the Developer shall immediately convey Unit 1 to the
District by special warranty deed upon approval of the condominium application. Traer
Creek -L2, LLC granted and conveyed an easement to the District to construct and
maintain a parking structure and all appurtenances by the Parking Facility Easement
Agreement.
C. Statements of Ownership. Ms. Sisneros states that Tmer Creek Metropolitan District
presently owns the parking garage which the Application proposes to establish as Unit
1 of the condominium.10 Mr. Ayers confirms that Traer Creek Metropolitan District
presently owns the parking garage which the Application proposes to establish as Unit
1 of the condominium.' 1 Mr. Repucci also stated and confirmed at the February 23,
2010 hearing that Traer Creek Metropolitan District presently owns the parking garage
which the Application proposes to establish as Unit 1 of the condominium.
d. Default. The Town Council finds that Traer Creek Metropolitan District is in default of
the VAA Agreement with the Town of Avon based upon notices of default 12 and claims
asserted in the District Court case of Town of Avon versus Traer Creek Metropolitan
' Item 24
6 Item 25
9 Item 23
10 Item 7, page 3
11 Item 6, page 1
t2 Item 32
Page 5
Findings of Fact and Final Decision [town staff draft for Town Council consideration]
Town of Avon Town Council
RE: Traer Creek Plaza, LLC Condominium Subdivision Application
[March 3, 2010]
District, 2008 CV 385 filed in Eagle County, which pleadings are incorporated into the
record by this reference.
C. Final Decision. Based on the findings stated above, the Town Council finds that the
Development Agreement, Parking Facility Agreement and Common Easement establish
a beneficial ownership interest in real estate for the benefit of Traer Creek Metropolitan
District; the obligation of Traer Creek Metropolitan District to cooperate and participate
in a condominium subdivision application for the Traer Creek Plaza building; the right
of Traer Creek Metropolitan District to review, participate and approve a condominium
subdivision application; the obligation of Traer Creek Metropolitan District to pay a
portion of the condominium subdivision application fees and costs; and the right of
Traer Creek Metropolitan District to receive fee ownership to a separate ownership
interest described as Unit 1 of the Application; and that representatives of the
Application and Traer Creek Metropolitan District have stated and confirmed that Traer
Creek Metropolitan District is presently the owner of the parking garage area.
Therefore, the Town Council finds that Traer Creek Metropolitan District is the owner
of a real property interest in Lot 2, The Village at Avon Filing No. 1, Avon, Colorado;
that Traer Creek Metropolitan District has authorized Traer Creek Plaza, LLC to submit
a condominium application on behalf of Traer Creek Metropolitan District's ownership
interest; and that Traer Creek Metropolitan District is an applicant for the purposes of
Section 16.12.050 of the Municipal Code. Town Council also finds that Traer Creek
Metropolitan District is in default of the VAA Agreement with the Town of Avon.
Pursuant to Avon Municipal Code Section 16.12.050, the Application as submitted is
not entitled to be placed on a meeting agenda of the Avon Town Council for
consideration by the Avon Town Council until such time as Traer Creek Metropolitan
District is not in default with the Town of Avon or Traer Creek Metropolitan District is
divested of any beneficial real property ownership interest in Lot 2, The Village at
Avon, Filing NO. 1, Town of Avon, Colorado.
6. Limitation of Findings of Fact and Final Decision: The Findings of Fact and Final
Decision contained herein are limited to consideration of the Town Clerk's decision to not place
the Application on an agenda of the Town Council.
Page 6
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Greg Daly, Interim Chief of Police
Date: March 18th, 2010
Re: IGA for Law Enforcement Services within other Municipalities in Eagle County to
include Vail, Minturn, Eagle and Basalt.
Summary: The intergovernmental agreement will allow Avon police officers to have full authority
within the municipalities of Vail, Mintum, Eagle and Basalt. Avon Police Department already has an
IGA with the Eagle County Sheriffs Office for the unincorporated areas of Eagle County.
Background: Colorado Revised Statue 16 -3 -110 permits a municipal police officer to act when a
felony or misdemeanor is committed in his or her presence regardless of the jurisdiction. However,
the statute does not specify the authority of the officer to act in regards to traffic violations, which
may then lead to felony or misdemeanor crimes. Justifiable traffic stops can be a great investigative
tool in obtaining identification and other pertinent information in larger criminal investigations.
Avon Police Department periodically combines law enforcement and investigative efforts with other
jurisdictions while pursuing cross jurisdictional crimes like illegal drug possession and distribution.
The combining of our resources offers the Avon Police Department with economies of scale, by
taking a multi agency task force approach to these investigations. At times, it provides Avon with
expanded human and investigative resources in these more complex criminal investigations. And in
turn, we periodically provide our resources to combat particular criminals who commit their crimes
across all of our jurisdictions. Also, Avon Police officers occasionally participate in grant approved
county wide DUI or liquor law compliance task forces in other municipalities
This IGA will provide Avon Police Officers the full legal authority to take enforcement actions in these
municipalities similar to that authority granted via the current IGA in force with the Eagle County
Sheriffs Office (limited to the unincorporated areas of the county).
Discussion: The intermixing of municipal and county jurisdictions can cause potential confusion as
to the actual jurisdiction of each entity's peace officer and citizens. The IGA permits our officers to
take action when a violation is observed, regardless of the actual jurisdiction.
Financial Implications: The IGA does not have any immediate fiscal implications. However, if an
officer takes enforcement action in another municipality, it may be later required that the officer
testify in that jurisdictions' municipal court or in county or district court. The town would then have to
pay for the officer's salary to do so. Though, the action is in the interest of public safety, which is a
benefit to our community.
Recommendation: Staff recommends adoption of the IGA.
Recommended Motion: I move to adopt the IGA between the Town of Avon and the municipalities
of Vail, Mintum, Eagle and Basalt for the provision of law enforcement services those jurisdictions.
Town Manager Comments:
MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES
THIS AGREEMENT FOR MUTUAL AID, (hereinafter referred to as this "Agreement ") is made
and entered into this day of , 2010, by and between the Town of Avon, Town of
Basalt, Town of Eagle, Town of Minturn, and Town of Vail upon their authorized execution of this
Agreement (hereinafter referred to as "Parties" or singularly as "Party"), by and through their
respective Town and City Councils.
RECITALS
WHEREAS, the Colorado General Assembly has authorized such intergovernmental mutual
aid agreements by the provisions of C.R.S. §29 -1 -203 and §29 -5 -101 through §29 -5 -109; and
WHEREAS, the Parties are empowered to provide law enforcement functions within its
incorporated boundaries; and
WHEREAS, the Parties peace officers are defined by C.R.S. § 16 -3 -110 (1)(a) ( "Municipal
Officers ") and are authorized by their Municipalities and the terms of C.R.S. § 16 -3 -110 to act when
a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether that
Municipal Officer is within their jurisdictional boundaries or whether that Municipal Officer is on
duty; and
WHEREAS, the Parties desire to aid and assist each other by the exchange of Municipal
Officers services when a Municipal Officer observes a felony, misdemeanor, crime, or other statutory
offense being committed while that Municipal Officer is engaged in official police duties; and
WHEREAS, it is recognized by the Parties to this Agreement that the public health, safety
and welfare of the inhabitants of their respective jurisdictions would be best served by providing
back -up response and protection services, should the need arise; and
WHEREAS, each party will in good faith, make an attempt to assist the other based on their
needs and specific request.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as
follows:
1. The Parties, through their Police Departments, will be authorized to provide general law
enforcement services in other jurisdictions to the extent and the manner hereinafter set forth. For
purposes of this agreement, general law enforcement services shall consist of responding to,
investigating, and enforcing violations of the Colorado Criminal Code or other Colorado statute that
the Municipal Officers are authorized to enforce in a manner consistent with the level of performance
of peace officers throughout the State of Colorado.
2. The Parties, through their Police Department, will be authorized to act and otherwise provide
general law enforcement services in any situation in which a felony, misdemeanor, crime or other
statutory offense has been or is being committed in such Municipal Officer's presence when such
Municipal Officer is in other jurisdictional boundaries due to official police duties.
3. As for Municipal Officers, management of the rendering of services, leadership and
supervision, the standards of performance, the discipline of officers and other matters incident to the
performance of law enforcement services and the review of personnel so employed, shall remain with
the Party.
4. All citations written by a Municipal Officer for violations of any Colorado State Statute or
law shall command the alleged violator to appear before the jurisdiction of where the violation was
committed. The Municipal Officer shall be available to appear before that jurisdiction's Municipal
Court as needed to prosecute each violation.
5. The Parties shall furnish and supply all necessary labor, equipment, and all supplies
necessary to maintain the service to be rendered herein.
6. Each Party shall give prompt and due consideration to all requests from the other Party
regarding delivery of general law enforcement services and shall work cooperatively to achieve the
service called for herein. Such request may be transmitted in person, by phone, radio, electronic
medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this Agreement.
7. The Parties enter into this Agreement as separate, independent governmental entities and
officials and shall maintain such status throughout. Employees assigned under this Agreement shall
be considered and shall remain employees of their respective law enforcement agencies at all times
and for all purposes under this Agreement
8. To the extent allowed by law, each Party agrees to indemnify, defend and hold harmless each
other, their respective agents, officers, and employees of and from any and all loss, costs, damages,
injuries, liabilities, claims, liens, demands, actions and causes of actions brought by a third party,
whatsoever, arising out of or related to the respective Party's performance or nonperformance under
this Agreement. No Party shall be deemed to assume any liability for intentional or negligent acts of
any other Party. By agreeing to this provision, the Parties do not waive or intend to waive the
limitations on liability which are provided to the Parties under the Colorado Governmental Immunity
Act, C.R.S. § 24 -10 -101, et seq. The provisions of C.R.S. § 29 -5 -108 shall not apply to activities
conducted pursuant to this Agreement.
9. Each Party shall provide its own public liability and property damage insurance coverage as
it may deem necessary for any potential liability arising from the services to be provided under this
Agreement.
10. Unless sooner terminated as provided hereunder, this Agreement shall be effective from the
date of its execution though December 31, 2010. Notwithstanding the foregoing provisions, either
Party, with or without cause, may terminate this Agreement upon the giving of ten (10) days prior
written notice of such termination to the other respective Party. It is the intent of the Parties that this
Agreement shall be renewed for additional one (1) year periods following the end of the initial
period, and unless one of the Parties gives notice to the other at least ten (10) days prior to the end of
the initial period, or then current additional period, that such Party desires to terminate this
Agreement or to re- negotiate the terms, this Agreement shall be automatically extended for
additional periods of twelve (12) months. After the initial period, this Agreement shall run from
January 1" to December 31" of each respective year.
2
11. The Parties agree that this Agreement is contingent upon all funds necessary for the
performance of this Agreement being budgeted, appropriated and otherwise made available. It is
expressly understood that any financial obligations that may arise hereunder, whether direct or
contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing
body of any Party hereto. Should any of the Parties fail to undertake the project because necessary
funds have not been budgeted or duly appropriated, this Agreement may be terminated by any Party
hereto.
12. This Agreement and the rights and obligations created hereby shall be binding upon and inure
to the benefit of the Parties hereto and their respective successors and assigns, and may not be
assigned by any Party without the prior written consent of the other Parties.
13. Nothing herein expressed or implied is intended or should be construed to confer or give to
any person or corporation or governmental entity other than the Parties within this Agreement, any
right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein
contained.
14. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of
competent jurisdiction as to any Party hereto, such portion shall be deemed severable and its
invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions
shall be fully severable and this Agreement shall be construed and enforced as if such invalid
provisions had never been inserted into this Agreement.
15. This Agreement may be amended, modified, or changed in whole or in part only by written
agreement duly authorized and executed by the Parties hereto.
16. The law of the State of Colorado shall be applied in the interpretation, execution and
enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this
Agreement shall be exclusive in Eagle County, Colorado
17. This Agreement represents the full and complete understanding of the Parties, and supersedes
any prior agreements, discussions, negotiations, representations or understandings of Parties with
respect to the subject matter contained herein.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and
be effective as of the day and year first above written.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
3
Memo
To:
Honorable Mayor and Town Council
Initials
Thru:
Lary Brooks, Town Manager
Legal Review:
Eric Heil, Town Attorney
Approved by:
Sally Vecchio, Assistant Town Manager /Director of Community Development
5y
From:
Justin Hildreth, P.E., Town Engineer
49#
Shane Pegram, P.E., Engineer II
5e
Date:
March 18, 2010
Re:
Resolution No. 10 -08, Approving the Condominium Map of Avon Mini Storage
Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle
County, Colorado (431 Metcalf Road)
Summary:
The applicant and owner, Dan Sunday, has submitted a condominium subdivision application to create
two legally defined condominium units ( "Unit K and "Unit B "). In addition to the condominium units, the
subdivision will define a Common Element ( "C.E. ") parcel, which includes all areas of the property outside
of the building footprint.
Please find Resolution 10 -08, a Resolution approving this application, attached as Exhibit A to this
Memorandum. The Condominium Map is attached as Exhibit B.
Property Description:
The property is located on the west side of Metcalf Road, halfway between Nottingham Road and West
Wildwood Road. The property is approximately .688 acres (or 29,970 square feet) and has been
improved with a two story steel frame warehouse with surface parking. Access to the property from
Metcalf Road is provided via a platted access easement through a portion of Lot 11, the property
immediately to the north.
This shared driveway also provides access to Lot 13 to the south through a drive isle bordering the
parking spaces on the east side of the property. There are twenty -nine (29) parking spaces on this
property. The entire driveway and parking portions of the property are constructed with concrete.
There is a Utility and Drainage Easement reserved along the rear lot line, as well as a Utility and
Drainage Easement along each side yard. A Colorado Ute Easement runs parallel with the front property
line.
The property is bordered: to the east by Metcalf Road; to the north by Lot 11, owned and operated by the
Qwest Corporation; to the west by Tract A, an Open Space zoned property; and to the south by
Maximum Comfort pool and spa.
Planning Analysis:
The subject property is located in the Industrial Commercial (IC) zone district. Allowed uses for this zone
district include: warehouses, laboratories, electrical substations, light manufacturing plants, wholesale
sales outlets, showrooms, industrial and construction offices, and self storage.
The building owner obtained a Special Review Use (SRU) permit in 2007 to construct two (2)
employee housing units on the property. The approval was premised on the condition that the units
are exclusively for the housing of employees of businesses operating on the same property, and
that the units may not be sold separately. The owner is in compliance with these conditions of the
SRU permit. These residential units are contained within Unit A of this subdivision.
Findings:
This application is in conformance with Chapter 16.48, and all applicable sections of Title 16,
Subdivisions, Avon Municipal Code.
Proposed Motion:
"I move to approve Resolution No. 10 -08, Series of 2010, A Resolution Approving the Condominium Map
of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle
County, Colorado, subject to completion of technical corrections identified by staff."
Town Manager Comments:
Attachments:
Exhibit A Resolution 10 -08, Series of 2010
Exhibit B Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado
• Page 2
EXHIBIT A
TOWN OF AVON
RESOLUTION NO. 10 -08
Series of 2010
A RESOLUTION APPROVING THE CONDOMINIUM MAP OF AVON MINI
STORAGE CONDOMINIUMS, LOT 12, BLOCK 1, BENCHMARK AT BEAVER
CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Dan Sunday, owner of Avon Mini Storage, a Colorado limited liability company,
submitted a Condominium Map for A Resubdivision of Lot 12, Block 1, Benchmark at Beaver
Creek, Town of Avon, Eagle County, Colorado, located at 431 Metcalf Road; and
WHEREAS, the Condominium Map has been reviewed by the Town Staff; and
WHEREAS, the Condominium Map 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
Condominium Map.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1,
Benchmark at Beaver Creek, 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 McKenny
Town Clerk
, 2010.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
TOWN CERTIFICATE:
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VATNESS NY NAND AND SEAL OF THE TOWN OF AVON
TOWN COUNCIL OF THE TORN OF AVON
B%
Maya
ATTEST.
Ttwn a•nt
CLERK AND RECORDER'C CERTIFICATE
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NOTEM'
1) THE pURpOSE OF THIS CONDomwAA MAP IS TO CREATE UNIT A AND UNIT B.
2) BASIS OF BEARINGS SBI GW21'i AL04 THE SOUTH LOT LINE BETYEFN i0U10 PROPERTY POtS
AS INDICATED.
3) DATE Or SURVEY: JANUARY 11, 2010.
{) BENCHMARK: MANHOLE B-10 EAST OF PROPERTY. RIM EL- 7021.40 (NOT SHORN}
5) EASEMENTS, REWWATONS AND RL37RMTIONS AS SHOWN OR RESERVED ON THE FINAL
SUBDIVISION PUT- AMDUCENT NO. d BENCHMARK AT BEAVER L71FEK. BLOCK 1. TOWN OF AVON.
EAGLE COUNTY, COLORADO
0) NOTICE: AOWROINO TO COLORADO LAW YOU MUST COMMENCE ANY LEGS ACTION BASED UPON
ANY DEFECT N THIS SURVEY MTHUH THREE YEARS AFTER YOU FIRST DISCOVER WZH DEFECT. N
NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT N DO SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM 7H E DATE OF CERTIFICATION S110M HEEEOEL
EAGLE COUNTY RING NO
CObWNU 1IUM MAP OF
AVON NM ffORAGE CONDO
LOT 12, BLOCK 1
BENCHMARK AT BEAVER CREEK.
TOWN OF AVON, EAGLE COUNTY, COLORADO
CFRTFlCATt•< OF DEDIGATON AND OWNERSHIP:
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4
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager — Finance
Date: March 17, 2010
Re: Supplemental Budget Amendment Resolution 10 -10
Summary:
At the last Council worksession staff presented to Council our recommendations as to
supplemental 2010 budget cuts pursuant to an approximate $1.1 million shortfall in revenues
due to the non - payment of municipal services and sales tax shortfall invoices by Traer Creek
Metropolitan District. The attached resolution and supplemental budget amendments
officially approve these changes and allow implementation immediately upon approval.
As reference to previous discussions I have attached a copy of my previous memo outlining
the budget changes. With the exception of a small change to the Transit and Fleet
Maintenance subsidies there are no changes to the amendments previously discussed.
Financial Implications:
As previously discussed, the financial implications of these budget changes will be to offset a
large part of the anticipated failure of Traer Creek Metropolitan District to pay its municipal
services and sales tax shortfall invoices in 2010 as follows:
Proposed Revised Surplus $ 890,964
Less: Sales Tax Shortfall (654,590)
Municipal Services 50� 6,448)
Deficit Balance Remaining 267 235
Page 1
Staff presented a number of budgetary savings that may be necessary to implement as we
begin our budgetary planning for 2011. Continued discussion and decisions regarding
implementing additional budget savings will be necessary in order to avoid continued deficit
spending in the future.
Recommendation:
Staff recommends that the Council approve resolution 10 -10 amending the Town's General
Fund, Fleet Maintenance Fund and Transit fund budgets.
Town Manager Comments:
Attachments:
A — Resolution 10 -10, A Resolution to Amend the 2010 Town of Avon Budget
B — General Fund Budget Amendment No. 1, Pages 1-6
C — Transit Enterprise Fund Amendment No. 1, Pages 1-6
D — Fleet Maintenance Enterprise Fund, Pages 1 -7
• Page 2
TOWN OF AVON COLORADO
RESOLUTION NO. 10 -10
SERIES OF 2010
A RESOLUTION TO AMEND THE 2010 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2010 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY
OF JANUARY, 2010 AND ENDING ON THE LAST DAY OF DECEMBER, 2010
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2010 budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for all operating funds for 2010; and
WHEREAS, the Town Council finds it necessary to amend the 2010 budget to
more accurately reflect the revenues and expenditures for 2010; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the following funds are
revised as follows for 2010:
General Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Town of Avon
Resolution No. 10 -10
Page 1 of 2
Original or
Previously
Amended
2010 Budget
$ 6,256,272
13,930,074
13,932,913
6.253.433
Current
Proposed
Amended
2010 Budget
$ 6,093,630
13,716,573
12,825,609
6,984.594
Transit Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Fleet Maintenance Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Original or
Previously
Amended
2010 Budget
$ 471,888
1,683,964
2,125,018
$ 30,834
$ 675,239
2,686,572
2,632,548
$ 646.492
Current
Proposed
Amended
2010 Budget
$ 533,302
1,165,364
1,164,151
1.213
$ 645,898
2,361,423
2,360,829
$ 646.492
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
ADOPTED this 23rd day of March, 2010.
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny
Town Clerk
Town of Avon
Resolution No. 10 -10
Page 2 of 2
Y
REVENUES
Taxes
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Investment Earnings
Other Revenue
Total Operating Revenues
Other Sources
Sales of Fixed Assets
Transfer -In From Community Enhancement Fund
Transfer -In From Urban Renewal Authority
Transfer -In From Water Fund
Transfer -In From Capital Projects Fund
Total Other Sources
TOTAL REVENUES
EXPENDITURES
General Government
Community Development
Public Safety
Public Works
Recreation and Culture
Total Operating Expenditures
Other Uses
Transfers -Out to Faciilities Reserve Fund
Transfers -Out to Debt Service
Transfers -Out to Transit
Transfers -Out to Fleet Maintenance
Total Other Uses
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
kxc��tb
General Fund #10
Amendment No.1
Fund Summa
$ 8,990,065 $
Proposed
Original
Revised Difference
Actual Budget
Budget Increase
2009 2010
2010 (Decrease)
$ 8,990,065 $
9,563,488 $
9,454,691 $
(108,797)
124,130
218,600
138,600
(80,000)
936,745
900,148
900,148
-
1,847,484
1,998,825
1,928,371
(70,454)
129,529
143,950
130,000
(13,950)
327,079
350,000
350,000
-
343,325
376,000
385,700
9,700
12,698,357 13,551,011 13,287,510 (263,501)
500
1,500 1,500 -
40,000
60,000 60,000 -
170,000
- - -
-
- 50,000 50,000
308,314
317,563 317,563 -
518,814 379,063 429,063 50,000
$ 13,217,171 $ 13,930,074 $ 13,716,573 $ (213,501)
$ 2,497,749 $
2,473,534 $
2,412,000 $
(61,534)
697,820
672,111
642,913
(29,198)
2,518,862
2,564,147
2,401,642
(162,505)
3,464,388
3,528,213
3,191,324
(336,889)
2,374,111
2,580,331
2,450,855
(129,476)
11,552,930 11,818,336 11,098,734 (719,602)
72,917
77,702 - (77,702)
604,926
601,875 601,875 -
1,290,000
1,350,000 1,125,000 (225,000)
5,000
85,000 - (85,000)
1,972,843 2,114,577 1,726,875 (387,702)
13,525,773 13,932,913 12,825,609 (1,107,304)
(308,602) (2,839) 890,964 893,803
6,402,232 6,256,272 6,093,630 (162,642)
$ 6,093,630 $ 6,253,433 $ 6,984,594 $ 731,161
Page 1
5
General Fund
Amendment No.1
Revenue Detail
Proposed
Original Revised Difference
Account Actual Budget Budget Increase
Number Description 2009 2010 2010 (Decrease)
51000 Total Taxes
$ 1,993,283 $
Taxes:
51101
General Property Tax
51102
General Property Tax - Delinquent Collections
51103
General Property Tax - Interest
51201
Specific Ownership Tax
51301
Sales Tax
51302
Utility Tax
51303
Accommodation Tax
51304
Penalties and Interest
51305
Sales Tax Audit Assessments
51306
Payments In- Lieu -Of Sales Tax
51402
Franchise Fees
51000 Total Taxes
$ 1,993,283 $
2,196,915 $
2,196,915 $ -
1,119
50
50 -
9,885
5,000
5,000
132,059
160,000
160,000
5,080,090
5,274,195
5,164,965 (109,230)
129,118
150,000
150,000 -
570,996
677,738
678,171 433
16,084
25,000
25,000 -
8,447
20,000
20,000
677,792
654,590
654,590
371,192
400,000
400,000
100
100
8,990,065
9,563,488
9,454,691 (108,797)
52000 Total Licenses and Permits
Licenses and Permits:
65,000 (5,000)
Federal Grants:
53199
52101
Liquor Licenses
7,515
8,000
8,000
52102
Business Licenses
22,905
22,000
22,000
52103
Contractor's Licenses
11,930
13,500
13,500
52201
Building Permits
63,083
150,000
75,000 (75,000)
52205
Road Cut Permits
18,697
25,000
20,000 (5,000)
52206
Other Licenses and Permits
-
100
100
52000 Total Licenses and Permits
Subtotal: Grants
State /County Shared Revenue:
53301 Conservation Trust
53302 Motor Vehicle Registration
53303 Highway User's Tax
53304 Cigarette Tax
53305 County Sales Tax
53306 Road & Bridge Fund
53308 State Severance Tax
Subtotal: Shared Revenue
53000 Total intergovernmental
124,130 218,600 138,600 (80,000)
27,028
24,163 -
10,000 - -
3,479 3,149 3,149
64,670 3,149 3,149 -
61,663
Intergovernmental:
65,000 (5,000)
Federal Grants:
53199
Other Federal Grants
172,435
State Grants
53204
LEAF Grant
54,000
Local Government/Other Agency Grants
53402
Eagle County - Ironkids
53402
Eagle County - Brightstart
Subtotal: Grants
State /County Shared Revenue:
53301 Conservation Trust
53302 Motor Vehicle Registration
53303 Highway User's Tax
53304 Cigarette Tax
53305 County Sales Tax
53306 Road & Bridge Fund
53308 State Severance Tax
Subtotal: Shared Revenue
53000 Total intergovernmental
124,130 218,600 138,600 (80,000)
27,028
24,163 -
10,000 - -
3,479 3,149 3,149
64,670 3,149 3,149 -
61,663
70,000
65,000 (5,000)
22,660
23,000
23,000
172,435
184,999
184,999
50,631
54,000
54,000 -
374,982
360,000
375,000 15,000
187,110
200,000
190,000 (10,000)
2,594
5,000
5,000
872,075
896,999
896,999 -
936,745
900,148
900,148
Page 2 /
b
General Fund
Amendment No.1
Page 3
1
Revenue Detail
Proposed
Original
Revised
Difference
Account
Actual
Budget
Budget
Increase
Number
Description
2009
2010
2010
(Decrease)
Charges for Services:
General Government:
54101
Sales of Map and Publications
$ -
250
250
54102
Photocopying Charges
309
750
750
54103
License Hearing Fees
100
100
100
54104
Other Fees and Charges
804
2,500
2,500
54201
Plan Check Fees
22,202
80,000
25,000
(55,000)
54202
Subdivision Review Fees
8,003
5,000
5,000
54203
Design Review Fees
15,850
25,000
20,000
(5,000)
54204
Animal Control Fees
1,890
2,000
2,000
54205
Abatement Services
5,459
30,000
30,000
54206
Impact Fee Administration Fees
341
1,500
500
(1,000)
54301
Police Reports
435
2,500
2,500
-
54302
Police Extra Duty
10,449
20,000
20,000
-
54303
Fingerprinting Fees
3,764
4,000
4,000
-
54304
VIN Inspection Fees
9,030
15,000
15,000
-
54305
False Alarm Fees /Misc Police Dept Fees
4,840
5,000
5,000
-
54306
National Night Out
2,300
500
500
-
54399
DUI Reimbursement
851
3,000
3,000
-
54453
Village at (Avon) Municipal Services
487,957
506,448
506,448
-
Subtotal: General Govern.
574,584
703,548
642,548
(61,000)
Recreation Facility:
54601
Admission Fees
865,035 $
900,000 $
875,000
(25,000)
54602
Program Fees
42,001
42,182
42,182
54603
Rentals
3,320
2,000
2,000
54604
Merchandise Sales
10,178
13,000
13,000
54605
Childcare
10,132
9,000
9,000
-
54606
Rec Center Services
16,005
18,000
18,000
-
54607
Fitness Program Revenues
34,493
30,000
35,000
5,000
Other Recreation:
-
54651
Adult Program Revenues
13,421
12,441
12,441
-
54652
Cabin Equipment Rentals
36,313
30,000
30,000
-
54653
Athletic Field Rentals
6,740
6,700
6,700
-
54654
Cabin Concessions
5,710
5,500
5,500
-
54655
Youth Program Revenues
155,293
144,454
155,000
10,546
54676
Sponsorships
54,935
63,000
63,000
-
54678
Event Fees
19,324
19,000
19,000
Subtotal: Recreation
1,272,900
1,295,277
1,285,823
(9,454)
54000
Total Charges for Services
1,847,484
1,998,825
1,928,371
(70,454)
Page 3
1
General Fund
Amendment No.1
Revenue Detail
Proposed
Original Revised Difference
Account Actual Budget Budget Increase
Number Description 2009 2010 2010 (Decrease)
55000 Total Fines and Forfeitures
Investment Earnings:
57101 Interest
57000 Total Investment Earnings
Other Revenues:
58101 Recreational Amenity Fees
58109 Bond Issuance Fees
58201 Lease of Town -Owned Property
58999 Miscellaneous Nonclassified Revenues
58000 Total Other Revenues
50000 TOTAL REVENUES
$ 71,572
Fines and Forfeitures:
55101
Court Fines - Traffic
55102
Court Fines - Criminal
55103
Court Fines - Parking
55104
Court Fines - General
55105
Court Costs
55106
Jury Fees
55107
Bond Forfeitures
55109
Miscellaneous Court Revenues
55110
Police Training Surcharge
55000 Total Fines and Forfeitures
Investment Earnings:
57101 Interest
57000 Total Investment Earnings
Other Revenues:
58101 Recreational Amenity Fees
58109 Bond Issuance Fees
58201 Lease of Town -Owned Property
58999 Miscellaneous Nonclassified Revenues
58000 Total Other Revenues
50000 TOTAL REVENUES
$ 71,572
75,000
75,000
11,103
27,660
40,000
30,000
(10,000)
15,549
9,000
9,000
140,000 -
-
3,750
-
(3,750)
4,880
5,750
5,750
-
150
150
-
2,325
300
2,000
1,700
32
1,000
100
(900)
7,511
9,000
8,000
(1,000)
129,529
143,950
130,000
(13,950)
327,079 350,000 350,000
327,079 350,000 350,000
157,452
175,000
175,000
11,103
11,000
11,000 -
51,548
50,000
59,700 9,700
123,222
140,000
140,000 -
343,325
376,000
385,700 9,700
$ 12,698,357 $
13,551,011 $
13,287,510 $ (263,501)
Page 4
V
MUNICIPAL SERVICES
General Fund
Department Expenditure Summaries
Page 5
Total Legislative
622,255
477,694
Proposed
7,232
Judicial:
Original
Revised
Difference
Dept. /Div.
Municipal Court
Actual
Budget
Budget
Increase
Number
Description
2009
2010
2010
(Decrease)
131
Town Manager
218,637
227,673
217,812
(9,861)
132
General Government:
193,462
201,309
202,271
962
133
Legislative:
202,270
189,339
176,219
(13,120)
111
Mayor and Town Council
$ 137,872 $
122,693
$ 122,693
$ -
112
Boards and Commissions
12,882
15,805
15,805
-
113
Town Attorney
380,714
250,000
250,000
-
115
Town Clerk
90,787
89,196
96,428
7,232
Page 5
Total Legislative
622,255
477,694
484,926
7,232
Judicial:
121
Municipal Court
125,671
126,649
125,829
(820)
Executive:
131
Town Manager
218,637
227,673
217,812
(9,861)
132
Human Resources
193,462
201,309
202,271
962
133
Community Relations
202,270
189,339
176,219
(13,120)
Total Executive
614,369
618,321
596,302
(22,019)
Finance Department:
141
Finance
602,511
654,839
619,672
(35,167)
143
Information Systems
239,222
284,461
273,701
(10,760)
149
Nondepartmental
293,721
311,570
311,570
-
Total Financial Administration
1,135,454
1,250,870
1,204,943
(45,927)
Total General Government
2,497,749
2,473,534
2,412,000
(61,534)
Community Development:
211
Administration
149,638
179,116
178,835
(281)
212
Planning
328,921
345,609
334,368
(11,241)
213
Building Inspection
219,261
147,386
129,710
(17,676)
Total Community Development
697,820
672,111
642,913
(29,198)
Police Department:
311
Administration
466,006
472,217
463,670
(8,547)
312
Patrol
1,947,556
1,978,741
1,826,098
(152,643)
313
Investigations
105,300
113,189
111,874
(1,315)
Total Police
2,518,862
2,564,147
2,401,642
(162,505)
Page 5
MUNICIPAL SERVICES
General Fund
Department Expenditure Summaries
Dept. /Div.
Number
Description
Actual
2009
Original
Budget
2010
Proposed
Revised
Budget
2010
Difference
Increase
(Decrease)
513
Public Works:
326,136
358,076
335,280
(22,796)
411
Administration
104,419
142,345
108,244
(34,101)
412
Engineering
372,100
403,621
348,896
(54,725)
413
Roads and Streets
1,643,461
1,677,889
1,505,884
(172,005)
414
Facilities Maintenance
467,053
492,689
433,053
(59,636)
415
Parks
877,355
811,669
795,247
(16,422)
519
Total Public Works
3,464,388
3,528,213
3,191,324
(336,889)
Total Recreation and Culture 2,374,111 2,580,331 2,450,855 (129,476)
TOTAL OPERATING
EXPENDITURES $ 11,552,930 $ 11,818,336 $ 11,098,734 $ (719,602)
Page 6
1 6
Recreation and Culture:
513
Special Events
326,136
358,076
335,280
(22,796)
514
Administration
349,695
376,844
371,241
(5,603)
515
Adult Programs
31,413
36,196
35,586
(610)
516
Aquatics
415,068
438,227
427,792
(10,435)
517
Childcare
48,054
53,843
43,481
(10,362)
518
Fitness
116,468
122,935
106,488
(16,447)
519
Front Desk
197,903
257,700
226,318
(31,382)
520
Maintenance
714,276
750,169
724,864
(25,305)
521
Youth Programs
133,775
129,100
127,920
(1,180)
522
Cabin
41,323
57,241
51,885
(5,356)
Total Recreation and Culture 2,374,111 2,580,331 2,450,855 (129,476)
TOTAL OPERATING
EXPENDITURES $ 11,552,930 $ 11,818,336 $ 11,098,734 $ (719,602)
Page 6
1 6
06C kvx�4 L
Transit Enterprise Fund #52
Amendment No.1
REVENUES
Taxes $ 40,383 $ 40,364 $ 40,364 $ -
Intergovernmental - 293,600 - (293,600)
Charges for Services 6,950 - - -
Other Revenues 10,376 - - -
Total Operating Revenues 57,709 333,964 40,364 (293,600)
Other Sources
Transfers In from General Fund - Operating 1,290,000 1,350,000 1,125,000 (225,000)
Transfers In from General Fund - Capital - - - -
Capital Lease Proceeds - - - -
Total Other Sources
TOTAL REVENUES
EXPENDITURES
Transportation:
Administration
Operations
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
1,290,000 1,350,000 1,125,000 (225,000)
1,347,709 1,683,964 1,165,364 (518,600)
156,816 136,324 129,334 (6,990)
1,123,699 1,988,694 1,034,817 (953,877)
1,280,515 2,125,018 1,164,151 (960,867)
67,194 (441,054) 1,213 442,267
FUND BALANCES, Beginning of Year 466,108 471,888 533,302 61,414
FUND BALANCES, End of Year $ 533,302 $ 30,834 $ 534,515 $ 503,681
Page 1
Fund Summary
Proposed
Original
Revised Difference
Actual Budget
Budget Increase
2009 2010
2010 (Decrease)
REVENUES
Taxes $ 40,383 $ 40,364 $ 40,364 $ -
Intergovernmental - 293,600 - (293,600)
Charges for Services 6,950 - - -
Other Revenues 10,376 - - -
Total Operating Revenues 57,709 333,964 40,364 (293,600)
Other Sources
Transfers In from General Fund - Operating 1,290,000 1,350,000 1,125,000 (225,000)
Transfers In from General Fund - Capital - - - -
Capital Lease Proceeds - - - -
Total Other Sources
TOTAL REVENUES
EXPENDITURES
Transportation:
Administration
Operations
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
1,290,000 1,350,000 1,125,000 (225,000)
1,347,709 1,683,964 1,165,364 (518,600)
156,816 136,324 129,334 (6,990)
1,123,699 1,988,694 1,034,817 (953,877)
1,280,515 2,125,018 1,164,151 (960,867)
67,194 (441,054) 1,213 442,267
FUND BALANCES, Beginning of Year 466,108 471,888 533,302 61,414
FUND BALANCES, End of Year $ 533,302 $ 30,834 $ 534,515 $ 503,681
Page 1
Transit Enterprise Fund #52
Amendment No.1
Intergovernmental:
Federal Grants:
53104 FTA Grant
53000 Total Intergovernmental
Charges for Services:
Transportation:
54502 Charter
Employee Housing:
54551 Rental Revenues - Employees
54553 Employee Housing Maintenance Charge
54000 Total Charges for Services
Other Revenues:
58999 Miscellaneous Nonclassified Revenues
58000 Total Other Revenues
Other Sources:
59201 Transfers In from General Fund - Operating
59201 Transfers In from General Fund - Capital
59303 Capital Lease Proceeds
59000 Total Other Sources
50000 TOTAL REVENUES
293,600 - (293,600)
293,600 - (293,600)
6,800 - - -
150 - - -
6,950 - - -
10,376 - - -
10,376 - - -
1,290,000
1,350,000
1,125,000
(225,000)
Revenue Detail
1,290,000
1,350,000
1,125,000
(225,000)
$ 1,307,326
$ 1,683,964
$ 1,165,364
Proposed
Original
Revised Difference
Account
Actual
Budget
Budget Increase
Number
Description
2009
2010
2010 (Decrease)
Taxes:
Property Taxes
51101
Gates GID
40,383
40,364
40,364 -
51000
Total Taxes
40,383
40,364
40,364 -
Intergovernmental:
Federal Grants:
53104 FTA Grant
53000 Total Intergovernmental
Charges for Services:
Transportation:
54502 Charter
Employee Housing:
54551 Rental Revenues - Employees
54553 Employee Housing Maintenance Charge
54000 Total Charges for Services
Other Revenues:
58999 Miscellaneous Nonclassified Revenues
58000 Total Other Revenues
Other Sources:
59201 Transfers In from General Fund - Operating
59201 Transfers In from General Fund - Capital
59303 Capital Lease Proceeds
59000 Total Other Sources
50000 TOTAL REVENUES
293,600 - (293,600)
293,600 - (293,600)
6,800 - - -
150 - - -
6,950 - - -
10,376 - - -
10,376 - - -
1,290,000
1,350,000
1,125,000
(225,000)
1,290,000
1,350,000
1,125,000
(225,000)
$ 1,307,326
$ 1,683,964
$ 1,165,364
$ (518,600)
Page 2
12
Town of Avon
Line Item Detail
Function: Transportation #430
Department/Division: Transportation #430
Program: Administration #431
Account
Number
Account Description
Actual
2009
Original
Budget
2010
Proposed
Revised
Budget
2010
Difference
Increase
(Decrease)
63504
Personnel:
63603
Rentals - Office Equipment
63999
Other Contract Services
61101
Regular Full -time Salaries
$ 77,507
$ 56,937
$ 56,256
$ (681)
61151
Overtime Wages
62
-
-
-
61201
Automobile Allowance
1,800
1,800
1,800
250
61301
FT Pension
7,145
5,124
3,938
(1,186)
61303
Wellness
475
-
-
-
61304
Employee Assistance Program
24
12
12
-
61401
FICA/Medicare
827
852
842
(10)
61501
Group Health and Life Insurance
12,570
4,732
4,730
(2)
61505
Long -term Disability Insurance
516
279
279
-
61506
Short -term Disability Insurance
336
240
237
(3)
61507
Dental Insurance
1,104
450
450
-
61509
Worker's Compensation
428
486
480
(6)
61510
Unemployment Insurance
160
176
174
(2)
61000
Total Personnel
102,954
71,088
69,198
(1,890)
Commodities:
62899
Other Miscellaneous Operating Supplies
-
900
900
62901
Duplicating Supplies
240
500
500
-
62904
Software
-
500
500
-
62905
Books and Periodicals
100
500
500
-
62999
Office Supplies and Materials
1,241
500
500
-
62000 Total Commodities
63000 Total Contract Services
Other Operating Costs:
64101 Travel, Training and Conference
64103 Mileage Reimbursement
64201 Telephone
64202 Gas
64203 Electric
64204 Water and Sanitation
64301 Postage and Delivery Costs
64306 Permit and Licensing Fees
64307 Bank Svc Chags / Credit Card Fees
64901 Advertising and Legal Notices
64904 Operating Fees, Assessments and Charges
64905 Insurance Premiums
64000 Total Other Operating Costs
1,581 2,900 2,900 -
4,833
Contract Services:
63203
Printing and Reproduction
63304
Computer Services and Support
63504
R &M - Office Equipment and Computers
63603
Rentals - Office Equipment
63999
Other Contract Services
63000 Total Contract Services
Other Operating Costs:
64101 Travel, Training and Conference
64103 Mileage Reimbursement
64201 Telephone
64202 Gas
64203 Electric
64204 Water and Sanitation
64301 Postage and Delivery Costs
64306 Permit and Licensing Fees
64307 Bank Svc Chags / Credit Card Fees
64901 Advertising and Legal Notices
64904 Operating Fees, Assessments and Charges
64905 Insurance Premiums
64000 Total Other Operating Costs
1,581 2,900 2,900 -
4,833
6,250
6,250 -
165
500
500 -
1,525
1,500
1,500 -
3,589
3,589
3,589 -
6,548
6,500
6,500 -
16,660
18,339
18,339 -
1,281
2,000
2,000
-
-
250
250
-
1,428
1,850
1,850
-
2,671
3,250
3,000
(250)
12,490
16,100
13,000
(3,100)
810
1,000
1,000
-
187
450
450
-
12
250
250
-
100
-
-
-
1,236
3,000
1,250
(1,750)
1,000
-
-
-
14,406
15,847
15,847
-
35,621
43,997
38,897
(5,100)
Page 3
13
Function: Transportation #430
Department/Division: Transportation #430
Program: Administration #431
Account
Number Account Description
Capital Outlay:
66402 Computers and Peripherals
66000 Total Capital Outlay
60000 Total Expenditures
Town of Avon
Line Item Detail
Proposed
Original Revised Difference
Actual Budget Budget Increase
2009 2010 2010 (Decrease)
$ 156,816 $ 136,324 $ 129,334 $ (6,990)
Page 4
i(.
Town of Avon
Line Item Detail
Function: Transportation #430
Department/Division: Transportation #430
Program: Operations #432
Account
Number
Account Description
Actual
2008
Original
Budget
2009
Proposed
Revised
Budget
2009
Difference
Increase
(Decrease)
227,303
Personnel:
124,564 (50,648)
3,343
144,743
105,143 (39,600)
61101
Regular Full -time Salaries
$ 324,438
$ 330,712
$ 280,813
$ (49,899)
61121
PTS Wages
100,348
84,002
56,037
(27,965)
61122
PTS Bonuses
1,779
1,797
1,737
(60)
61151
Overtime Wages
5,748
11,640
11,640
-
61202
Ski Pass
2,316
1,198
1,158
(40)
61301
FT Pension
29,741
29,764
19,657
(10,107)
61302
PTS Pension
3,924
3,577
2,525
(1,052)
61303
Wellness
3,387
-
-
-
61304
Employee Assistance Program
168
168
140
(28)
61401
FICA/Medicare
6,390
6,277
5,132
(1,145)
61501
Group Health and Life Insurance
73,272
64,349
53,643
(10,706)
61505
Long -term Disability Insurance
3,288
3,267
2,768
(499)
61506
Short-term Disability Insurance
1,416
1,483
1,257
(226)
61507
Dental Insurance
6,348
6,300
5,250
(1,050)
61509
Worker's Compensation
13,827
15,009
12,191
(2,818)
61510
Unemployment Insurance
885
1,288
1,054
(234)
61000
Total Personnel
577,275
560,831
455,002
(105,829)
Commodities:
62401
Gasoline
18,787
17,000
12,375
(4,625)
62402
Diesel
73,848
67,000
50,625
(16,375)
62801
Gifts and Awards
443
750
750
-
62802
Food and Beverages
1,513
2,100
2,100
-
62805
Clothing and Uniforms
3,984
4,170
4,170
-
62809
Medical Supplies and 1st Aid
962
1,000
1,000
-
62899
Other Miscellaneous Operating Supplies
-
10,400
10,400
-
62999
Office Supplies and Materials
282
500
500
-
62000 Total Commodities
Contract Services:
63301 Medical Services and Examinations
63506 R &M - Radios and Communications Equipment
63601 Rentals- Building and Office Space
63000 Total Contract Services
Other Operating Costs:
64102 Dues, Licenses and Memberships
64206 Cellular & Paging
64401 Fleet Maintenance Charges
64402 Equipment Replacement Charges
64403 Washbay Charges
64902 Financial Support, Donations, and Contributions
64906 Insurance Deductibles
99,819 102,920 81,920 (21,000)
3,425 3,250 3,250 -
5,525 7,675 4,875 (2,800)
12,880 - - -
21,830 10,925 8,125 (2,800)
1,706
2,000
2,000 -
425
700
700 -
227,303
175,212
124,564 (50,648)
3,343
144,743
105,143 (39,600)
14,883
15,983
15,983 -
168,380
234,280
234,280 -
8,735
6,000
6,000 -
64000 Total Other Operating Costs 424,775 578,918 488,670 (90,248)
Page 5
Town of Avon
Line Item Detail
Function: Transportation #430
DepartmentlDivision: Transportation #430
Program: Operations #432
Account
Number Account Description
Capital Outlay:
66402 Computers and Peripherals
66503 Buses and Transportation Related Vehicles
66000 Total Capital Outlay
60000 Total Expenditures
1,100 1,100 -
734,000 - (734,000)
- 735,100 1,100 (734,000)
$ 1,123,699 $ 1,988,694 $ 1,034,817 $ (953,877)
Page 6
/4
Proposed
Original
Revised Difference
Actual Budget
Budget Increase
2008 2009
2009 (Decrease)
1,100 1,100 -
734,000 - (734,000)
- 735,100 1,100 (734,000)
$ 1,123,699 $ 1,988,694 $ 1,034,817 $ (953,877)
Page 6
/4
ag
MUNICIPAL SERVICES
Fleet Maintenance Enterprise Fund #61
REVENUES
Charges for Services
Other Revenue
Total Operating Revenues
Other Sources
Operating Transfers In
Total Other Sources
111161'_ WTAT14191*-1
EXPENDITURES
Public Works:
Fleet Maintenance
Washbay
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
Fund Summary
Proposed
Original Revised Difference
Actual Budget Budget Increase
2009 2010 2010 (Decrease)
$ 2,395,885 $ 2,601,572 $ 2,341,423 $ (260,149)
23,334 - 20,000 20,000
2,419,219 2,601,572 2,361,423 (240,149)
25,000 85,000 - (85,000)
25,000 85,000 - (85,000)
2,444,219 2,686,572 2,361,423 (325,149)
2,342,506 2,522,953 2,288,154 (234,799)
47,520 109,595 72,675 (36,920)
2,390,026 2,632,548 2,360,829 (271,719)
54,193 54,024 594 (53,430)
FUND BALANCES, Beginning of Year 591,705 675,239 645,898 (29,341)
FUND BALANCES, End of Year $ 645,898 $ 729,263 $ 646,492 $ (82,771)
Page 1
'7
MUNICIPAL SERVICES
Fleet Maintenance Enterprise Fund #61
Revenue Summary
Proposed
Original Revised Difference
Account Actual Budget Budget Increase
Number Description 2009 2010 2010 (Decrease)
54000 Total Charges for Services
$ 1,579,891 $ 1,811,367 $ 1,579,891 $ (231,476)
628,048
Charges for Services:
54806
3rd Party Fleet Maintenance Charges
54901
Departmental Fleet Maintenance Chrgs
54902
Wash Bay Charges
54903
Sales of Fuel
54000 Total Charges for Services
$ 1,579,891 $ 1,811,367 $ 1,579,891 $ (231,476)
628,048
577,360
523,782 (53,578)
123,154
107,561
132,466 24,905
64,792
105,284
105,284 -
Insurance Reimbursements
21,008
- 20,000 20,000
2,395,885
2,601,572
2,341,423 (260,149)
Page 2
NO
Other Revenues:
58108
Finance Charges
14
- - -
58205
Insurance Reimbursements
21,008
- 20,000 20,000
58999
Miscellaneous Nonclassified Revenues
2,312
- - -
58000
Total Other Revenues
23,334
- 20,000 20,000
Other Sources:
59201
Transfers In - General Fund
5,000
85,000 - (85,000)
59201
Transfers In - Community Enhancement
20,000
- - -
59000
Total Other Sources
25,000
85,000 - (85,000)
50000
TOTAL REVENUES
$ 2,444,219
$ 2,686,572 $ 2,361,423 $ (325,149)
Page 2
NO
MUNICIPAL SERVICES
Fleet Maintenance Enterprise Fund #61
54901 Total 628,048 577,360 523,782 (53,578)
Page 3
�9
Departmental Fleet Maintenance Charges
Revenue Detail
54901
Administration - Nondepartmental
3,460
3,658
3,658 -
Proposed
IT
-
-
- -
Original
Revised
Difference
Account
2,469 -
Actual
Budget
Budget
Increase
Number
Description
2009
2010
2010
(Decrease)
54901
Police - Investigations
2,146
1,789
1,789 -
54901
Engineering
Charges for Services:
5,208
5,208 -
54901
Public Works - Admin
435
3rd Party Fleet Maintenance Charges
1,099 -
54901
Public Works - Roads and Streets
215,425
54806
Beaver Creek Transit
$ 428,691
$ 434,529
$ 428,691
$ (5,838)
54806
Vail Resorts Dial -a -Ride
606,624
751,733
606,624
(145,109)
54806
Beaver Creek Maintenance
131,838
91,055
131,838
40,783
54806
Smith Creek Maintenance
45,290
74,715
45,290
(29,425)
54806
Eagle County Transit
5,351
8,585
5,351
(3,234)
54806
Eagle River Fire Protection District
99,267
105,211
99,267
(5,944)
54806
Eagle County Ambulance District
41,333
57,910
41,333
(16,577)
54806
Eagle River Water & Sanitation District
153,964
171,860
153,964
(17,896)
54806
Town of Minturn
16,246
11,693
16,246
4,553
54806
Town of Redcliff
5,621
3,461
5,621
2,160
54806
Vail Valley Foundation
4,025
3,811
4,025
214
54806
Greater Eagle Fire Protection District
17,716
40,000
17,716
(22,284)
54806
Western Eagle County Ambulance Dist.
12,294
24,649
12,294
(12,355)
54806
EC H MT
3,102
1,505
3,102
1,597
54806
Gypsum Fire District
8,529
30,650
8,529
(22,121)
54806
Total
1,579,891
1,811,367
1,579,891
(231,476)
54901 Total 628,048 577,360 523,782 (53,578)
Page 3
�9
Departmental Fleet Maintenance Charges
54901
Administration - Nondepartmental
3,460
3,658
3,658 -
54901
IT
-
-
- -
54901
Comm Dev - Building Inspection
2,068
2,469
2,469 -
54901
Police - Administration
904
4,889
4,889 -
54901
Police - Patrol
51,982
60,400
60,400 -
54901
Police - Investigations
2,146
1,789
1,789 -
54901
Engineering
3,933
5,208
5,208 -
54901
Public Works - Admin
435
1,099
1,099 -
54901
Public Works - Roads and Streets
215,425
207,003
207,003 -
54901
Public Works - Facilities Maintenance
18,231
8,088
8,088 -
54901
Public Works - Parks
87,566
79,810
79,810 -
54901
Recreation - Administration
2,400
2,924
2,924 -
54901
Transit - Operations
227,303
178,142
124,564 (53,578)
54901
Fleet Maintenance
12,195
14,730
14,730 -
54901
Equipment Replacement Fund
-
7,151
7,151 -
54901 Total 628,048 577,360 523,782 (53,578)
Page 3
�9
MUNICIPAL SERVICES
Fleet Maintenance Enterprise Fund #61
Account
Number Description
54902 Total
Revenue Detail
Original
Actual Budget
2009 2010
Proposed
Revised Difference
Budget Increase
2010 (Decrease)
936
Charges for Services - Continued:
1,040 -
Washbay Charges:
54902
Administration
54902
IT
54902
Comm Dev - Building Inspection
54902
Police - Administration
54902
Police - Patrol
54902
Police - Investigations
54902
Public Works - Engineering
54902
Public Works - Roads and Streets
54902
Public Works - Facilities Maintenance
54902
Public Works - Parks
54902
Recreation - Administration
54902
Transit - Operations
54902
Fleet Maintenance
54902
ECO
54902
Vail Resorts Dial -a -Ride
54902
Beaver Creek Bus System
54902 Total
Revenue Detail
Original
Actual Budget
2009 2010
Proposed
Revised Difference
Budget Increase
2010 (Decrease)
936
1,040
1,040 -
-
520
520 -
936
1,040
1,040 -
530
520
520 -
4,680
6,240
6,240 -
468
520
520 -
936
1,040
1,040 -
7,008
7,654
7,654 -
936
1,560
1,560 -
5,988
6,574
6,574 -
1,644
1,560
1,560 -
14,883
15,983
15,983 -
1,404
1,560
1,560 -
7,900
11,750
11,750 -
38,815
-
38,815 38,815
36,090
50,000
36,090 (13,910)
123,154 107,561 132,466 24,905
Page 4
;)"o
Function: Public Works
Department: Transportation
Program: Fleet Maintenance #434
Account
Number Account Description
61000 Total Personnel
Personnel:
61101
Regular Full -time Salaries
61151
Overtime Wages
61201
Automobile Allowance
61301
FT Pension
61303
Wellness
61304
Employee Assistance Program
61401
FICA/Medicare
61501
Group Health and Life Insurance
61505
Long -term Disability Insurance
61506
Short-term Disability Insurance
61507
Dental Insurance
61509
Worker's Compensation
61510
Unemployment Insurance
61000 Total Personnel
62000 Total Commodities
Town of Avon
Line Item Detail
Commodities:
62205
Plumbing and Electrical Materials
62401
Gasoline
62404
Stock Parts
62405
Nonstock Parts
62802
Food and Beverages
62805
Clothing and Uniforms
62807
Consumable Tools /Small Equipment
62809
Medical Supplies and 1 st Aid
62899
Other Miscellaneous Operating Supplies
62999
Office Supplies and Materials
62000 Total Commodities
Town of Avon
Line Item Detail
$ 622,436 $
Proposed
Original
Revised Difference
Actual Budget
Budget Increase
2009 2010
2010 (Decrease)
$ 622,436 $
657,438 $
618,374 $
(39,064)
8,085
6,000
5,500
(500)
360
360
360
-
56,589
59,169
43,286
(15,883)
5,758
-
-
-
302
314
294
(20)
9,148
9,625
9,051
(574)
132,875
120,582
112,161
(8,421)
5,981
6,339
5,892
(447)
2,649
2,931
2,730
(201)
11,659
11,790
10,954
(836)
9,132
11,610
10,875
(735)
1,269
1,991
1,873
(118)
866,243 888,149 821,350 (66,799)
18,645
-
- -
2,413
9,122
9,122 -
722,468
834,144
699,144 (135,000)
-
4,000
4,000 -
449
530
530 -
358
770
770 -
16,256
19,000
19,000 -
1,023
1,180
1,180 -
44,742
42,100
42,100 -
895
2,500
2,500 -
807,249 913,346 778,346 (135,000)
63000 Total Contract Services
Page 5
(33,000)
132,045 165,293 132,293 (33,000)
i
Contract Services:
63505
R &M - Vehicles
36,604
77,885
44,885
63506
R &M - Radios and Communications Equipment
1,625
1,000
1,000
63507
R &M - Machinery and Equipment
51,758
21,100
21,100
63549
R &M - Other Specialized Equipment
7,576
12,000
12,000
63551
Laundry and Cleaning Services
12,122
13,695
13,695
63599
Other Maintenance Services
11,970
17,200
17,200
63999
Other Contract Services
10,390
22,413
22,413
63000 Total Contract Services
Page 5
(33,000)
132,045 165,293 132,293 (33,000)
i
Town of Avon
Line Item Detail
Function: Public Works
Department: Transportation
Program: Fleet Maintenance #434
Proposed
Original Revised Difference
Account Actual Budget Budget Increase
Number Account Description 2009 2010 2010 (Decrease)
64000 Total Other Operating Costs
Other Operating Costs:
64101
Travel, Training and Conference
64102
Dues, Licenses and Memberships
64201
Telephone
64202
Gas
64203
Electric
64204
Water & Sanitation
64205
Trash Collection & Recycling
64206
Cellular & Paging
64301
Postage and Delivery
64401
Fleet Maintenance Charges
64402
Equipment Replacement Charges
64403
Washbay Charges
64905
Insurance Premiums
64000 Total Other Operating Costs
65000 Total Debt Service
Capital Outlay:
66402 Computers and Peripherals
66499 Other Machinery and Equipment
66000 Total Capital Outlay
60000 Total Expenditures
676
Debt Service:
65101
Bond Principal
65102
Bond Interest
65201
Capital Lease Payments - Principal
65202
Capital Lease Payments - Interest
65000 Total Debt Service
Capital Outlay:
66402 Computers and Peripherals
66499 Other Machinery and Equipment
66000 Total Capital Outlay
60000 Total Expenditures
676
1,300
1,300 -
210
700
700 -
115
544
544 -
14,833
23,700
23,700 -
16,649
19,700
19,700 -
3,455
3,723
3,723 -
4,118
5,722
5,722 -
1,093
1,000
1,000 -
383
500
500 -
12,196
8,453
8,453
5,276
5,276
5,276 -
1,404
1,560
1,560 -
9,981
10,979
10,979 -
70,389
83,157
83,157 -
258,750
270,000
270,000 -
160,832
148,800
148,800 -
13,178
13,178
13,178 -
432,760
431,978
431,978 -
- 2,200 2,200 -
33,820 38,830 38,830 -
33,820 41,030 41,030 -
$ 2,342,506 $ 2,522,953 $ 2,288,154 $ (234,799)
Page 6
?-Z
Town of Avon
Line Item Detail
Function: Public Works
Department: Transportation
Program: Washbay #435
Account
Commodities:
Number
Account Description
62000
Total Commodities
2009 2010
Personnel:
61101
Regular Full -time Salaries
61121
PTS Wages
61122
PTS Bonuses
61151
Overtime Wages
61301
FT Pension
61302
PTS Pension
61304
Employee Assistance Program
61401
FICA/Medicare
61501
Group Health and Life Insurance
61505
Long -term Disability Insurance
61507
Dental Insurance
61509
Worker's Compensation
61510
Unemployment Insurance
61000 Total Personnel
8,817 17,375 17,375 -
8,817 17,375 17,375 -
8,264 12,200
Commodities:
62899
Other Miscellaneous Operating Supplies
62000
Total Commodities
2009 2010
Contract Services:
63501
R &M - Buildings and Facilities
63549
R &M - Other Specialized Equipment
63999
Other Contract Services
63000
Total Contract Services
Other Operating Costs:
64201
Telephone
64204
Water & Sanitation
64000
Total Other Operating Costs
60000
Total Expenditures
8,817 17,375 17,375 -
8,817 17,375 17,375 -
8,264 12,200
Proposed
Original
Revised Difference
Actual Budget
Budget Increase
2009 2010
2010 (Decrease)
8,817 17,375 17,375 -
8,817 17,375 17,375 -
8,264 12,200
12,200 -
- 15,120
7,500 (7,620)
7,815 17,900
10,000 (7,900)
16,079 45,220
29,700 (15,520)
470 600 600 -
22,154 46,400 25,000 (21,400)
22,624 47,000 25,600 (21,400)
$ 47,520 $ 109,595 $ 72,675 $ (36,920)
Page 7
Z3
*Ock—&� �,
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager - Finance
Date: March 3, 2010
Re: Proposed Supplemental Budget Amendment
Summary:
Staff will present to Council during the Tuesday worksession our recommendations as to
supplemental 2010 budget cuts pursuant to our previous presentations regarding the Town's
approximate $1.1 million shortfall in revenues due to the non - payment of municipal services
and sales tax shortfall invoices by Traer Creek Metropolitan District.
Discussion:
The following is a description of the various proposed changes to the 2010 budget for the
Town's General Fund.
Expenditures - Personnel Savings = $443.412
• 1 patrol officer position in the Police Department and 1 maintenance worker in Public
Works have been frozen indefinitely.
• Layoffs have occurred with the administrative assistant positions in both the Public
Works and Engineering Departments.
• The new Facilities Superintendent position originally included in the Public Works
Department budget and slated to begin in the fall has been eliminated. Job
responsibilities for this position will be redeployed to the Engineering Department
once the Heat Recovery project is completed.
• The Full -time furlough program of one un -paid day -off per month will be continued
through the end of the year.
Page 1
• An additional $100,000 of retirement plan forfeitures will be used to reduce full -time
employee retirement contributions.
The hiring of a budget analyst in the Finance Department has been deferred until April
1.
• Overtime hours have been reduced in several departments.
Expenditures - Non personnel - Savings - $276,190
Across the board, departments were able to find areas to reduce operating supplies,
contract services, and other operating costs. Some of the major cutbacks included
elimination of the live band for Salute, deferral of ditch maintenance, delay of Upper
Buck Creek bridge overlay, reduction of street stiping, deferral of Pentamation
software upgrades and training, and cut backs in advertising costs.
Operating Transfers -Out to Other Funds - Savings - $387,702
• Transit Fund. The General Fund subsidy to the Transit Fund was cut by a total of
$235,000 by a planned reduction in summer service hours. The current blue and red
routes that run from 6:30 am to 10:30 pm will be cut back by a total of 4,275 service
hours by combing the routes into one bus on a black route configuration and cutting
off service at 7:30 pm.
• Transfers to the Facilities Reserve Fund in the amount of $77,702 were eliminated for
2010. This fund accumulates reserves to assist with the replacement/repair of major
components of the Town's facilities such as roofs, flooring, boilers, etc.
• Transfers to Fleet Maintenance Fund were reduced by $75,000 due to the success of
the Fleet Maintenance operations.
Revenues - Reductions in Anticipated Revenues - $213,501
• Estimated revenues for 2010 in a number of instances have been reduced based upon
actual 2009 revenues as of the day of this memo, including the following:
o Building Fees - $130,000 decrease. This reduction may need to be re-
evaluated in light of any future Council decisions extending the current
building and application fee reductions.
o Sales Tax - $109,230 decrease. This reduction reflects an adjustment of staffs
assumptions based on actual sales tax revenues.
o Transfers -In from Water Fund - $50,000 Increase. The Engineering
Department, as a cost saving measure for both 2010 and 2011, will be
preparing in -house a drainage master plan originally budgeted for in the
Capital Project Fund in the amount of $250,000. This transfer helps offset the
department's labor cost associated with doing this project in- house.
• Page 2
2_5
Financial Implications:
The financial implications of these proposed budget changes will be to offset a large part of
the anticipated failure of Traer Creek Metropolitan District to pay its municipal services and
sales tax shortfall invoices in 2010 as follows:
Proposed Revised Surplus $ 890,964
Less: Sales Tax Shortfall (654,590)
Municipal Services 50( 6.448)
Deficit Balance Remaining 267 235
Staff has identified a number of budgetary savings that may be necessary to implement as we
begin our budgetary planning for 2011. Continued discussion and decisions regarding
implementing some or all of these budget savings may be necessary in order to avoid
continued deficit spending in the future, as follows:
Reduction in Winter Transit Operations - $146,300. These savings would involve the
reduction of 2,660 fiscal year 2010 /2011 winter service hours by continuing the
consolidation of the current blue and red routes into a year -round combined black
route with one bus and cutting off service at 7:30 pm.
Elimination of funding for the 2010/2011 Beaver Creek Mountain Express - $42,500.
Elimination of non - profit funding - $58,000.
Other measures that are not quantified at this time include continued freezing of vacant full -
time positions, reductions in special event funding including the fireworks display, and cuts in
Town dues and memberships . In addition, approximately $73,564 in capital leases will not
recur in 2011 due to the pay -off of the Town's 2003 lease.
Recommendation:
Staff recommends that the Council authorize staff to bring forward a 2010 supplemental
budget amendment resolution for adoption at the next Town Council meeting schedule for
March 23, 2010.
Town Manager Comments:
Attachments:
A — General Fund Budget Amendment No. 1
• Page 3
1�,(0
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: March 17, 2010
Re: Resolution No. 10-11 Appointing Members to Upper Eagle Regional Water Authority
Summary:
The attached resolution appoints an Avon Town Council member and the Town Engineer to the Upper Eagle
Regional Water Authority in light of Mayor Pro Tern Sipes' notice that he would no longer be able to serve on
that board due to personal and professional reasons. It was discussed at the last work session that Councilor
Ferraro would be willing to serve as the primary appointment and the Town Engineer Justin Hildreth would
serve as an alternate. After the November candidate election, there will be further discussions about the
appointments.
TOWN OF AVON, COLORADO
RESOLUTION NO. 10 -11
SERIES OF 2010
RESOLUTION OF TOWN OF AVON APPOINTING REPRESENTATIVES TO UPPER EAGLE REGIONAL WATER
AUTHORITY
BE IT RESOLVED, by the Town Council of the Town of Avon that its designated principal member
of Upper Eagle Regional Water Authority (who is a member of Avon Town Council) shall be:
Kristi Ferraro
BE IT FURTHER RESOLVED that the designated alternate member to serve in the absence of the
above - designated principal member shall be:
Justin Hildreth, Town Engineer
BE IT FINALLY RESOLVED that those persons shall serve as Town of Avon's designees until
further written notice from the Town of Avon.
ADOPTED this 23rd day of March 2010.
Avon Town Council
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT
SERVICES
ATTEST:
Clerk to the Town of Avon
SIGNATURE PAGE 4
TOWN OF AVON, a Colorado Municipal
corporation
Larry Brooks, Town Manager
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Asst Town Manager, Com Dev
From: Matt Pielsticker, Planner II
Date: March 16, 2010
Re: PUBLIC HEARING
Ordinance No. 10 -04, Series of 2010 Amending the Brookside PUD
To Permit Short Term Rental Units On Lots 2 And 3.
Summary:
The Brookside HOA submitted an application to amend the Brookside Planned Unit
Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lots 2 and 3 of the
development. Following a public hearing on February 16, 2010, the Planning and Zoning
Commission made a unanimous recommendation for approval of this application at their
March 3, 2010 meeting.
The Council approved this Ordinance on First Reading at the March 9, 2010 regular
meeting. Please refer to the attached Planning and Zoning Commission packet information
related to this application for details of the property and proposal.
Background:
The Town Council adopted a Short Term Rental Overlay Zone District last year to permit
such uses for hotel rooms condominium units or other accommodation units in specific areas
of town that were adjacent to the town core and residential in nature. PUD zoned properties
were not included in the overlay district and instead must apply for PUD amendment to
include short term rentals as a permitted use in the development.
This application is in conformance with the review criteria for PUD amendments and the
intent of the Short Term Rental Overlay District by concentrating accommodation units in
residential areas of the town core.
Recommendation:
Staff recommends the Council approve Ordinance No. 10 -04, Series of 2010, citing the
findings contained herein which support amending the Brookside PUD to add "Short Term
Rentals" as a use by right.
Proposed Motion:
"I move to Approve the second reading of Ordinance No. 10 -04, Series of 2010, Amending
the Brookside PUD to permit short term rental units on Lots 2 and 3."
Town Manager Comments:
TOWN OF AVON, COLORADO
ORDINANCE 10 -05
SERIES of 2010
AN ORDINANCE APPROVING AN AMENDMENT TO THE NOTTINGHAM
STATION PUD, LOT 4, NOTTINGHAM STATION SUBDIVISION, TO ALLOW
SHORT TERM RENTAL USE
WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ")
Amendment, by Ordinance No. 95 -7, which set forth the standards and described the permitted
uses for Lot 4, Nottingham Station to include "Multiple Family Dwelling Units and associated
garages plus one management unit not to exceed 330 square feet;"
WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to
residential property pursuant to the Town of Avon Municipal Code ( "AMC ");
WHEREAS, Vicki Eastman, with the permission of and on behalf of the Canyon Run
Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment,
pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on March 3, 2010, after posting notice as required by law, considered all comments, testimony,
evidence and staff reports provided by the Town staff, considered such information prior to
formulating a recommendation, then took action to adopt findings and make a recommendation
of approval to the Town Council;
WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging
and guest accommodation in the Town Center Districts to take advantage of the proximity to
retail, commercial and other community services ";
WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as
defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the
Avon Municipal Code, in areas of the town core that are residential in nature; and,
WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23,
2010, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to taking any action on the Brookside PUD
amendment application;
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this
application is in substantial compliance with the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
Ord No. 10 -05
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 the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
SECTION 1. AMENDMENT TO NOTTINGHAM STATION PUD. The Nottingham Station Planned
Unit Development, Lot 4, Nottingham Station Subdivision, is hereby amended to include Short
Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as
may be amended or re- codified from time to time.
SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 3. 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 4. 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.
SECTION 5. 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 6. 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 is available for public inspection in the office of the
Town Clerk during normal business hours.
Page 2 of 4
Ord No. 10-05
[signature page follows]
Page 3 of 4
Ord No. 10 -05
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 9th day of March, 2010, and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on the 26th day of March, 2010, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
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:
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 the 26th day of March, 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
Page 4 of 4
Ord No. 10 -05
Sid
4.—• 1
r
A
1P.
-
14
r.
DECLARATION
OF COVMLXNTS, CONDITIONS,
RESTRICTIONS AM XKBZXZNTB
FOR
• CANYON RUN
606334 B-710 P-355 11/01/1996 04:37P PC; I OF 62 REC.
Sara J. Fisher DOC
Eagle C0untX Clark & Recorder 311.00
II
NOT
In
Lam,
:V's _
i
Lr1 r �:.•
'.r,
i * t-' ''/
Eir^
f.
and obtain a release of such lion. In the event that the Owner of
the Condominium Unit on which the labor was performed or materials
furniDhod refuses or fails to so indemnify within seven days after
the Canyon Run Association shall have given notice to such Owner of
tho total amount of the clsim, or any portions thereof from time to
time, then the failure to so indemnify shall be a default by such
Owner under the provisions c' this Section 12.2, and such amount to
be indemnified shall automatically become a default Assessment
determined and levied against such Condominium Unit, and
enforceable by the Canyon Run Association in accordance with
Sections 8.10, 8.11 and 8.12 above.
AATICLS 13
IIs8 iR28TRICTION3
section 13.1 Una of Condominium Units. All Units shall be
used for dwelling and lodging purposes only, in conformity with all
zoning laws, ordinances and regulations. Owners of Condominium
Units may rant or leaDe such Units to others for these purposes and
may uno the Condominium Units for home occupations which do not
cause unreasonable disturbance to other Owners and which are
permitted by applicable zoning codes. Notwithstanding the
toragoing, two (2) Condominium Units designated on the 4ondorririum
Asap as a ^Commercial Unit" may be used as a Condominium Project
:sales offico, property anagement office, rental management office, .
storage facility and /or such other uses as may be permitted under
the Town of Avon zoning and use restrictions applicable to Canyon
Run, including, without limitation, Town of Avon Ordinance No. 96 -9
rocordod in Book 708 at Page 144 in tha real property records of
$aglo County, Colorado.. All owners will be subject to the rules
'and -r.ogulations of.tho Canyon Run Association.
,•'.600tion 13.2• ''•rnu itce a` Condominium [lnite. All
Condominium Units,- whother or not the instrument of eonvoyance or
aaaignmant shall rotor to -this Declaration, shall bo•subject to the
- •.covonante; conditions,' restrictions, easements; reservations,
rights -of -way, and other provisions contained in this Declaration,
AD the same may bo amendod from time to time.
shall be no
r;
.ry
CI s
obstruction of the Common Elements, nor snail anyLnxav Aa xoYL-
s;i•;; .. stored on any part of the Common Elements by any Owner without the `
�!;'••.'.
-prior' written approval of the Canyon Run Association. Nothing
shall be altered on, constructed in, or removed from the Common
c' Elements by any Owner without the prior written approval of 'ie
Canyon Run Association.
Section 13.4 x ]1�i.trr ` " r " - "n�en n InQUYab'_c_a nka and
Lir S� 1l1L
�ies. Nothing shall bo done or kept in any
t or in on the Cot+unon Elements, or any part
o: ?.d res�: t 1n the cancellation cf the insurance on
f the Condominium Project or in an increase in* the
�o
606334 D -710 P -355 11/01/1994 04 :37P PG 35 OF 62
E
I
Staff Report
PUD Amendment
March 2, 2010 Planning & Zoning Commission Meeting
Report Date February 26, 2010
Project Type Planned Unit Development (PUD) Amendment
Legal Description Lots 2 and 3, Eaglewood Subdivision
Prepared By Matt Pielsticker, Planner II
Summary
The applicant, Vicki Eastman, on behalf of the Lodge at Brookside Homeowners
Association has applied for a Planned Unit Development ( "PUD ") Amendment to allow
Short Term Rentals as a use on Lots 2 and 3 of the Brookside PUD. A "Short Term
Rental' is defined as "rental of property for a total continuous duration of less than thirty
one (31) days."
The Planning Commission held a public hearing on the application on February 16,
2010. After review of the application and hearing from the applicant the Commission
tabled the application and directed staff to clarify the findings and compliance with the
review criteria.
Staff therefore recommends approval of this application to allow short-term rentals as a
use in the Brookside PUD.
Process
Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance.
PUDs that are not included in the Short Term Rental Overlay District and do not already
include short term rentals as a permitted use must apply for a PUD amendment. PUD
amendments are adopted by Council Ordinance. The review process requires a
hearing and recommendation by the Commission followed by a second public hearing
before the Council.
The Brookside HOA Board of Directors, which controls the condominium and townhome
buildings on Lot 2 and Lot 3, voted to approve this application to amend the Brookside
PUD to allow short-term rentals in both buildings. The Town has received two letters
from Brookside Lodge property- owners opposing the application and a letter of support
from the master association president, Frank Navarro. All documents are included in
Exhibit D of this memorandum.
Property Description
The Brookside PUD was approved in 1996 as a mixed -use project on approximately 4.7
acres. The development is comprised of three buildings on three separate lots along
with common open space and amenities including an outdoor swimming pool and hot
tub (the Property). The Property is accessed from one shared driveway on Hwy 6 west
of W. Beaver Creek Blvd. The Property is developed in a linear fashion along Hwy 6.
Lot 1 is located on the east side of the Property and includes a 29,500 sf office building
with 63 surface and 37 stuructured parking spaces. Lot 2 in the middle of the property is
FA
developed with a 40 unit residential condominium known as Brookside Lodge. This building
includes an underground parking garage with 48 spaces and 56 surface parking spaces. Lot 3
is situated on the west side of the Property, and was developed with a 14 unit
townhouse building. Each townhome includes a 1 car garage, and shares some of the
surface parking spaces for overflow /guest parking with Lot 2 adjacent to Highway 6 and
24. A site plan of the Property is attached as Exhibit B.
The Property is bordered on the north and west by the ECO river recreation path and
the Eagle River. The Sunridge Phase II residential condominiums border the eastern
property line and Highway 6 borders the entire southern property line. Across Highway
6 and 24 is the Bear parking lot for Beaver Creek Resort
Policy Analysis
The intent of the Short Term Rental Overlay (STRO) District regulations is to permit
"Short Term Rental uses for hotel room, condominium unit, or other accommodation in
areas of the town core that are residential in nature."
Permitting short term rentals at Brookside is consistent with the intent of the STRO
regulations. Brookside PUD is a mixed -use development which includes a residential
component and amenities; and the Property is located in close proximity to town center
amenities and both local and regional transportation services.
Planning Analysis
The applicant is requesting that short term rentals be permitted as a use in the two
residential buildings located on the Property. The Brookside PUD contemplated such a
use, as evidenced by the fact that the permitted uses include a rental office in the
Brookside Lodge building. The HOA covenants permit short term rentals and many of
the home owners have regularly rented their units out for short term accommodations
since the project was constructed.
Parking on the site can accommodate short-term rentals in Buildings 2 and 3. Parking
for the residential portions of the project is provided at a rate of 2 spaces per unit.
Short-term rentals are typically parked at a rate of between 1.2 to 1.5 spaces per
accommodation unit.
The location of the Property and close proximity to Town Center, Beaver Creek Resort
and Hwy 6 make it suitable for tourist and guest accommodations.
All vehicles entering the property share an entrance off Highway 6 & 24, and once on
the site, vehicles either bear right towards the commercial building and underground
parking, or left towards the residential portions of the property. The regional ECO bus
stop is located approximately one quarter mile from the entrance to the site.
The circulation system for both vehicles and pedestrians is well developed and
functional on site with direct pedestrian connections provided to the river path. The
Transportation Plan envisions sidewalks or separate paved trails along Highway 6 & 24
in the future. A direct pedestrian connection adjacent to Highway 6 to the intersection
with West Beaver Creek Boulevard will help connect pedestrians and guests to the
project. In the meantime, there is sufficient access to the bus stops by walking the ECO
recreation path towards West Beaver Creek Boulevard.
Engineering Analysis
The application does not require any modifications to the Property that would require
engineering design.
Design Review
The application does not require any modifications to the Property or the buildings that
would require design review.
Findings
The proposed PUD Amendment to allow Short Term Rentals at the Brookside Lodge
and Townhomes is consistent with the review criteria set forth in Section 17.20.110 of
the Zoning Code as follows:
9. Conformance with the Town of Avon Comorehensive Plan's Goals and
Objectives.
The PUD amendment would allow short term rentals on the property, which is
consistent with Avon's desire to encourage tourism and visitors.
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
There are no proposed changes to the exterior design of the project that will be
required to accommodate short-term rental units on the property
3. Design compatibility with the immediate environment; neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character, and orientation.
The architectural design of the project would remain as it is today. No aspects
related to the design compatibility with the immediate environment would be affected
with the addition of short term rentals to the list of allowed uses.
4. Uses, activity, and density provide a compatible, efificlen4 and workable
relationship with surrounding uses and activity.
Surrounding residential and commercial uses are compatible with short-term rentals
accommodating guests and visitors. The property is directly across Hwy 6 from the
Beaver Creek Resort parking lots and shuttle to the resort. Regional and local bus
stops near the property also make this Property well - suited for accommodating
guests and visitors.
5. Idendrication and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
The Brookside PUD is not located near any natural or geologic hazards.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
4
The Property is located along the south side of the Eagle River. The building and
site design of the Property are responsive to the sensitive and natural features of the
river environment.
7. A circulation system designed for both vehicles and pedestrians addressing
on and off site traffic circulation that is compatible with the Town
Transportation Plan.
The circulation system is design for both vehicles and pedestrians. A future
sidewalk or separated path along Highway 6 and 24 is envisioned in the
Transportation Plan.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
The Brookside PUD is well - connected with the river environment bordering the north
side of the property.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing
plan shall clearly demonstrate that each phase can be workable, functional
and efficient without relying upon completion of future project phases.
No phasing plan is required for this proposal.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
The location of the ECO recreation path and nearby connecting local and regional
bus transportation is a benefit to short term rental guests. The ECO path connects
to the Town Center with only one road crossing. No additional burden will be
experienced for public services such as sewer, water, and schools. There are no
additional anticipated impacts generated by this land -use on the property then the
current land -use mix.
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
The Property has direct access from Hwy 6, which has adequate capacity to
accommodate this use. There will be no additional units or density created as a
result of this amendment.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as
outlined in Section 17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose, which the current zoning
entitlements cannot achieve.
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
5
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
The Avon Comprehensive Plan supports lodge type development in the town core
area, and there is a public purpose inherent with lodge type housing. The current
entitlements do not specifically allow short term rentals; however, there is an
inherent intent to accommodate these types of uses given that a rental office can
be approved by Special Review Use. The location of this property, in close
proximity to the entrance of Beaver Creek resort, and walking distance to the Town
Center, creates a compatible workable situation with adjacent uses.
Recommended Motion
Staff recommends APPROVAL of the PUD Amendment to permit short term rentals in
the Brookside PUD to the Avon Town Council with the following findings of fact related
to the applicable criteria:
1. The subject application is in substantial conformance with the Town of
Avon Comprehensive Plan Goals and Objectives (Criterion 1); and,
2. The proposed use and associated activity provide a compatible, efficient
and workable relationship with surrounding uses; and,
3. As evidenced by the PUD Development Plan's allowance to establish an
"on -site rental office" with a Special Review Use permit, the Short Term Rental
Use has been ongoing since construction of the project; and,
4. The Town desires to permit "Short Term Rentals" in residential /mixed -use
areas of the Town Core that are designed as such and where property owners
wish to engage in short-term renting of dwelling units; and,
5. The approval of this application and corresponding Ordinance will help to
protect and preserve the health, safety, and welfare of the Avon community."
Exhibits
A:
Vicinity Map
B:
PUD Guide
C:
Site Plan
D:
HOA and Homeowner Letters
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Exhibit D
Robert H. Simpson
560 Malley Road
Littleton, CO 8012
Recording Secretary
Town of Avon
P.O. Box 975
Avon, CO 81620
Dear Sir /Madam, re: The Lodge at Brookside
This letter is in regard to the public meeting to permit short term rentals of
less than 30 days in all units of The Lodge at Brookside.
My wife and I are owners of unit 310. We are both vehemently opposed to
short term rentals of less than 30 days.
When we purchased the p 'operty it was listed as a condo complex. It should
remain as such.
Changing to short term rental of less than 30 days will decrease property
values. In addition it will increase repairs and maintenance required to the
structure which will have to be paid for by all of the existing owners because
of increased traffic and increased usage and damage. Common area
maintenance will have to be increased if short term rentals are allowed- once
again paid for by all owners. Since we do not rent our unit these increased
costs would be immensely unfair.
The Lodge at Brookside has existed for ten years as a condo complex and it
should remain as such. It should not be changed into a hotel.
Once again our vote is NO for short term rentals of less than 30 days for The
Lodge at Brookside.
Sincerely, ti01�
r ' `v 1 \OQmgfi
RobepiH. Siff 2fi1
sally - -. 6iMnf .,,_L
+dembei - --
Arnedscan Association of
001h- -13nosts
Febmary 11, 2010
Recording Secretary RECEIVED
Town of Avon FED 1 6
P.O.Box 975 2Q +Q
Avcn. CO S 1610 Community Devaioomen
Dear Secretary,
I am writing regarding a proposed PUD amendment that would pen-nit "short term
rentals" in the Brookside PUD (Lot 2 & 3, Englewood Subdivision, 37305 Highway 6 &
24).
I am strongly opposed to such a measure. 1 obit.(( to of 6,tively turnmg (flat property into
a hotel. I am fearful that the increased nturtht s LX rent, •rs will substantially increase
maintenance costs and devalue the urupertie_ c►t'::�iivid� +�►1 o�nrrs T'lile prupelfy was
not built with any plan lbr short teen reratals. i_ad that t;.--ca the case, l would not have
purchase([ property there.
Very sincerely,
AW-1 , �v
Mervin W. Graham
Owner Unit #310
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, Asst Town Manager, Com Dev
Matt Pielsticker, Planner II
March 16, 2010
PUBLIC HEARING
Ordinance No. 10 -05, Series of 2010 Amending the Nottingham
Station PUD to Permit Short Term Rental Units on Lot 4
Summary:
The Canyon Run HOA submitted an application to amend the Canyon Run Planned Unit
Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lot 4 of the
development. The Planning and Zoning Commission made a unanimous recommendation
for approval of this application at their March 3, 2010 meeting.
The Council approved the first reading of this Ordinance at the March 9, 2010 meeting.
Please refer to the attached Planning and Zoning Commission packet information related to
this application for details of the property and proposal.
Background:
The Town Council adopted a Short Term Rental Overlay Zone District last year to permit
such uses for hotel rooms condominium units or other accommodation units in specific areas
of town that were adjacent to the town core and residential in nature. PUD zoned properties
were not included in the overlay district and instead must apply for PUD amendment to
include short term rentals as a permitted use in the development.
This application is in conformance with the review criteria for PUD amendments and the
intent of the Short Term Rental Overlay District by concentrating accommodation units in
residential areas of the town core.
Recommendation:
Staff recommends the Council approve Ordinance No. 10 -05, Series of 2010, citing the
findings contained herein which support amending the Canyon Run PUD to add "Short Term
Rentals" as a use by right.
Proposed Motion:
9 move to Approve Second Reading of Ordinance No. 10 -05, Series of 2010, Amending the
Nottingham Station PUD to permit short term rental units on Lot 4 (Canyon Run)."
Town Manager Comments:
TOWN OF AVON, COLORADO
ORDINANCE 10 -04
SERIES of 2010
AN ORDINANCE APPROVING AN AMENDMENT TO THE BROOKSIDE PUD, LOTS
2 & 3, EAGLEWOOD SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE
WHEREAS, the Town of Avon approved a Rezoning from RHDC to PUD for Lots 2 & 3,
Eaglewood Subdivision, by Ordinance No. 96 -8 which included the Development Plan that
described the allowed residential uses as "Multiple Family Dwelling Units including
townhomes, condominiums and apartments;"
WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to
residential property pursuant to the Town of Avon Municipal Code ( "AMC ");
WHEREAS, Vicki Eastman, with the permission of and on behalf of the Lodge at
Brookside Association, has applied for a Planned Unit Development ( "PUD ") Amendment,
pursuant to Section 17.20.110 of the Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings
on February 16, 2010, and March 3, 2010, after posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff, considered such
information prior to formulating a recommendation, then took action to adopt findings and make
a recommendation of approval to the Town Council;
WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging
and guest accommodation in the Town Center Districts to take advantage of the proximity to
retail, commercial and other community services ";
WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as
defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the
Avon Municipal Code, in areas of the town core that are residential in nature; and,
WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23,
2010, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to taking any action on the Brookside PUD
amendment application;
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this
application is in substantial compliance with the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC 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
Ord No. 10 -04
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
SECTION 1. AMENDMENT To BROOKSIDE PUD. The Brookside Park Planned Unit
Development, Eaglewood Subdivision, is hereby amended to include Short Term Rental as an
allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended
or re- codified from time to time.
SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 3. 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 4. 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.
SECTION 5. 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 6. 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 is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Page 2 of 3
Ord No. 10 -04
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 91h day of March, 2010, and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on the 26`h day of March, 2010, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
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:
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 the 26`h day of March, 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
Page 3 of 3
Ord No. 10 -04
M
l
1 2 hL
CONDOMINIUM DECLARATION
FOR
THE LODGE AT BROOKSIDE
111111111111111111111111111111111111111111 HIM 1111 IN
071313 10/0111998 04:48P 134 Sara Fisher
t of 72 0 361.00 0 0.00 N 0.00 Eagle CO
ARTICLE 13
USE RESTRICTIONS/DISCLOSURES
Section 13.1 Use of Condominium Units. Subject to the rights of Declarant and the
Association under this Declaration, .all Condominium Units shall be used for dwelling and lodging
purposes only, except that Condominium Units used for dwelling and lodging purposes may also
be used for home occupations which do not cause unreasonable disturbance to other Owners and
which are permitted by applicable zoning codes. Subject to the rights of Declarant and the
Association under this Declaration, Owners of Condominium Units may rent or lease their
Condominium Units for the-forgoing permitted purposes only. Subject to the rights ofDeclamnt
and the Association under this Declaration, the use of Condominium Units shall be subject to the
rules and regulations of the Association and the terms of the other Brookside Lodge Documents
governing the use of Condominium Units. Nothing contained in this Section 13.1 shall be
interpreted to or shall restrict, limit or otherwise interfere with or affect in any way any of the
rights of Declarant 'or the Association under this Declaration.
Section 13.2 Conveyance Condominium Units. All Condominium Units, whether or not
the instrument of conveyance or assignment shall refer to this Declaration, shall be subject to the
covenants, conditions, restrictions, easements; reservations, rights -of -way, and other provisions
contained in this Declaration.
Section 13.3 Use of Common Elements. Subject to the rights ofDeclarant and the
Association under this Declaration,-there shall be no obstruction of the Common Elements and
nothing shall be kept or stored on any part of the Common Elements by any Owner or other
person, except in areas that may be expressly designated for storage on the Map or by the
Association, without the prior written approval of the Association. Subject to the.rights of
Declarant and the Association under this Declaration, nothing shall be altered on, constructed in,
or removed from the Common Elements by any Owner or other person, without the prior written
approval of the Association. The use of the Common Elements shall be subject to the provisions
of this Declaration and the other Brookside Lodge Documents, including the rights and easements
provided for in Article 14, and to the provisions -of the Master Association Documents. Nothing
contained in this Section 13.3 shall be interpreted to or shall restrict, limit or otherwise interfere
with or affect in any way any of the rights of Declarant or the Association under this Declaration.
Section 13.4 Prohibition of Increases in Insurable Risks and Certain Activities. Nothing
shall be done or kept in any Condominium Unit or in or on the Common Elements, or any part
thereof, which would result in the cancellation of the insurance on all or any part of the
Condominium Project, and nothing shall be done or kept in. any Condominium Unit or in or on the
Common Elements, or any part thereof, except for activities permitted pursuant to Declamnt's
rights under this TUclaration, which would resulLi 4hexate -om ll
or any part of the Condominium Project, over what the Association, but for such activity, would
pay,, without the prior written approval of the Association. Nothing shall be done or kept in any
Condominium Unit or in or on the Common Elements, or any part thereof, which would be in* .
violation of any statute, rule, ordinance, regulation, permit, or other imposed requirement of any
governmental body. Subject to the rights of Declarant under this Declaration, no damage to or
I III,,, IIIII 1111111 III, 1.111, 111,, 111,11 32
571313 10/01/1998 04:48P 134 Sara flshar
39 of 72 R 361.00 0 0.80 N 0.00 Eagle CO
Staff Report
PUD Amendment
March 2, 2010 Planning & Zoning Commission Meeting
Report Date February 26, 2010
Project Type Planned Unit Development (PUD) Amendment
Legal Description Lot 4, Nottingham Station PUD
Prepared By Matt Pielsticker, Planner II
Summary
The applicant, Vicki Eastman, on behalf of the Canyon Run Homeowners Association,
has applied for a Planned Unit Development ( "PUD ") Amendment to Lot 4, Nottingham
Station PUD, commonly known as "Canyon Run." The proposal is to allow "Short Term
Rentals," or rentals of duration less than thirty -one (31) days, in addition to the currently
allowed land uses. The Nottingham Station PUD calls out "Multiple Family Dwelling
Units and associated garages" for Lot 4 on the approved PUD documents.
The Zoning Ordinance defines a multi - family dwelling as a structure with three or more
residential dwelling units, not to include lodge type uses. This amendment request will
add "Short Term Rentals" to the list of allowable land uses, which is currently limited to
the following: condominium units and associated attached garages, detached garages,
parking spaces and driveways, trash enclosures, and enclosed management storage.
Staff recommends approval of this application to allow short-term rentals as a use in the
Nottingham Station PUD.
Process
Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance.
PUDs that are not included in the Short Term Rental Overlay District and do not already
include short term rentals as a permitted use must apply for a PUD amendment. PUD
amendments are adopted by Council Ordinance. The review process requires a
hearing and recommendation by the Commission followed by a second public hearing
before the Council.
After holding a public hearing in accordance with Sec 17.12.100 of the Zoning
Ordinance, the Town of Avon Planning and Zoning Commission will make a formal
recommendation to the Avon Town Council based on the compatibility of this land use
and compliance with the review criteria found within this report. Council will hold a
hearing within 30 days of the Commission hearing and either approve, approve with
conditions, or deny the application.
The Canyon Run HOA, which controls all management duties of the project, has
approved this specific use, and the private covenants allow for "dwelling and lodging
purposes only'.
II
Property Description
The property is zoned PUD and is entitled up to 70 dwelling units. As constructed, the
condominium units are grouped into a total of 9 buildings — Buildings A through I. The
structures are situated in a linear fashion between the parking and driveway and the
Eagle River to the South.
There is an 8' recreation path located between the roadway and driveway /parking
portion of the property. The row of parking on the north side of the project is a
combination of covered garage and open -air parking. Open space abuts the west and
southern boundaries of the property. There is a mix of single - family, duplex and multi-
family properties in the immediate neighborhood, including Avon Crossing and
Eaglebend apartments.
Policy Analysis
The intent of the Short Term Rental Overlay (STRO) District regulations is to permit
"Short Term Rental uses for hotel room, condominium unit, or other accommodation in
areas of the town core that are residential in nature."
Permitting short term rentals in the Nottingham Station PUD is consistent with the intent
of the STRO regulations. The Property is located in close proximity to town center
amenities and is directly served by the Town of Avon Transportation system with a bus
stop on Hurd Lane. In addition to the established transportation system, residents and
visitors can walk approximately 1,500 feet to the RiverFront Gondola to connect with the
resort.
Planning Analysis
The applicant is requesting that short term rentals be permitted as a use by right in all of
the buildings. Property owners in this project have historically utilized their units for
short term rentals and the Homeowners Association has approved this land use. The
private covenants for the property permit this use in addition to customary residential
uses.
During the Short Term Rental Overlay district hearings with the Town Council, the
applicant was actively engaged with the process in order to protect what owners have
historically understood to be a use by right. After it was determined that the Overlay
district could not impact existing PUD development approvals, the property
management was directed to submit a PUD amendment application in order to
legitimize this pre- existing use.
As stated, the property was contemplated when drafting the STRO district regulations,
and the property is situated in an ideal portion of Town to accommodate this land -use.
In terms of parking, this property is sufficiently parked in accordance with the approved
PUD documents and parking is adequate for either short term rental use or permanent
residents. The parking requirement is congruent with the standard residential parking
regulations as outlined in Sec 17.24.020 of the Zoning Code. There is a mix of deeded
garage spaces, open -air surface spaces, and signed guest parking.
3
Engineering Analysis
The application does not require any modifications to the Property that would require
engineering design.
Design Review
The application does not require any modifications to the Property or the buildings that
would require design review.
Findings
The proposed PUD Amendment to allow Short Term Rentals at the Canyon Run
Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the
Zoning Code as follows:
1. Conformance with the Town of Avon Comprehensive Plan's Goals and
Objectives.
The PUD amendment would allow short term rentals on the property, which is
consistent with Avon's desire to encourage tourism and visitors.
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
There are no proposed changes to the exterior design of the project that will be
required to accommodate short-term rental units on the property
3. Design compatibility with the Immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character, and orientation.
The architectural design of the project would remain as it is today. No aspects
related to the design compatibility with the immediate environment would be affected
with the addition of short term rentals to the list of allowed uses.
4. Uses, activity, and density provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
The surrounding land -uses and densities in the surrounding area provide a
compatible and practical relationship with the proposed additional short term rental
use. There is a mix of residential and commercial uses in the immediate area.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
Canyon Run is not located near any natural or geologic hazards.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The Property is located along the north side of the Eagle River. The building and
site design of the Property are responsive to the sensitive and natural features of the
4
river environment. There is a Town owned piece of property contiguous with the
entire south property line for continued open space. All of the buildings are setback
at least 30' from the Eagle River.
7. A circulation system designed for both vehicles and pedestrians addressing
on and off site traffic circulation that is compatible with the Town
Transportation Plan.
The circulation system is design for both vehicles and pedestrians. The
Transportation Plan acknowledges the path in front of the complex as an "existing
core trail ". The Transportation Plan envisions continued summer and winter bus
service on Hurd Lane to service the project.
B. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
The Nottingham Station PUD is well - connected with the river environment bordering
the south side of the property.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing
plan shall clearly demonstrate that each phase can be workable, functional
and efficient without relying upon completion of future project phases.
No phasing plan is required for this proposal.
10.Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
The local Red bus line has frequent service directly in front of the property. Please
see the aerial vicinity map attached as Exhibit A for the exact location of this
particular stop. Residents and guests can access the resort, shopping, and other
services in the town core.
No additional burden will be experienced for public services such as sewer, water,
and schools. There are no additional anticipated impacts generated by this land -use
on the property then the current land -use mix.
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
The Property has two direct points of access from Hurd Lane. Ingress and egress to
the Property is safe with adequate site distance in either direction of the entrances.
There will be no additional units or density created as a result of this amendment.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as
outlined in Section 17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose, which the current zoning
entitlements cannot achieve.
5
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
C. The flexibility afforded In approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
The Avon Comprehensive Plan supports resort and lodge type development in the
Town Core area, and there is a public purpose inherent with lodge type housing
which the current entitlements cannot achieve. The location of this property, in
close proximity to the entrance of Beaver Creek resort, and walking distance to the
Town Center, creates a compatible workable situation with adjacent uses.
Recommended Motion
Staff recommends APPROVAL of the PUD Amendment to permit short term rentals on
Lot 4, Nottingham Station PUD (Canyon Run) to the Avon Town Council with the
following findings of fact related to the applicable criteria:
1. The subject application is in substantial conformance with the Town of
Avon Comprehensive Plan Goals and Objectives (Criterion 1); and,
2. The proposed use and associated activity provide a compatible, efficient
and workable relationship with surrounding uses; and,
3. The Town desires to permit "Short Term Rentals" in residential /mixed -use
areas of the Town Core that are designed as such and where property owners
wish to engage in short-term renting of dwelling units; and,
4. The approval of this application and corresponding Ordinance will help to
protect and preserve the health, safety, and welfare of the Avon community."
Exhibits
A: Vicinity Map
B: PUD Regulations
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Exhibit B
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: March 183, 2010
SUBJECT: Traer Creek Plaza, LLC Appeal
Summary: On March 9, 2010, the Town Council reviewed proposed drafts of Findings
of Fact for the Traer Creek Plaza, LLC appeal which were submitted by the
Appellant/Applicant's attorney and by myself as the Avon Town Attorney. Town Council
provided direction to consolidate the proposed Findings of Fact into one document for
your consideration at the March 23, 2010 regular Town Council meeting. The Findings
of Fact have been revised to reflect direction provided by the Town Council. The
revised Findings of Fact and Exhibit A — List of Documents are presented for your
consideration.
Background: Traer Creek Plaza, LLC submitted an application for a condominium
subdivision approval. The Town Clerk took action to not place Traer Creek Plaza's
condominium subdivision application on the Town Council agenda pursuant to the
authority in Section 16.12.050 of the Avon Municipal Code. Traer Creek Plaza, LLC
submitted a written appeal to request reconsideration of the Town Clerk's decision by
the Town Council. Town Council held a hearing for Traer Creek Plaza, LLC at the
February 23, 2010 regular Town Council meeting and took action to close the record
with certain additions and corrections requested by myself as the Town Attorney and
with direction to town staff and Traer Creek Plaza, LLC to provide proposed written
findings for the Town Council's consideration.
Requested Town Council Action: Render a final decision of the Traer Creek Plaza,
LLC appeal within 35 days of February 23, 2010.
Heil Law & Planning, LLC Eric Hell, Esq., A.I.C.P.
1499 Blake Street, Unit 1-G Tel: 303.975.6120
Denver, CO 80202 eheil@avon.org
TOWN OF AVON, COLORADO
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
TRAER CREEK PLAZA LLC, a Colorado limited liability company,
Applicant - Appellant,
VS.
TOWN OF AVON, a Colorado home rule municipality, and
PATTI McKENNY, in her capacity as TOWN CLERK
of TOWN OF AVON,
Respondent - Appellee
PROPOSED FINDINGS OF FACT, CONCLUSIONS, AND ORDER
THE TOWN OF AVON TOWN COUNCIL (the "Avon Town Council "), having
reviewed the public record of this appeal as detailed on Exhibit A attached hereto, and the oral
arguments of the parties made at the February 23, 2010 appeal hearing of Applicant - Appellant
Traer Creek Plaza LLC ( "TC Plaza "), hereby delivers its findings of fact, conclusions, and order
with respect to TC Plaza's appeal of the February 3, 2010 decision of Avon Town Clerk Patty
McKenny (the "Town Clerk ") to decline to place TC Plaza's Condominium Plat Application on
the Avon Town Council meeting agenda for February 9, 2010, or on a later Avon Town Council
meeting agenda (the "Town Clerk's Decision ").
I. FINDINGS OF FACT
1. Application Background: Traer Creek Plaza, LLC submitted a condominium
subdivision application ( "Application ") to the Town of Avon on August 28, 2008, to subdivide
the building ( "Traer Creek Plaza ") located on Lot 2, The Village (at Avon) Filing 1, Avon,
Colorado, to create 13 commercial units ( "Commercial Units "), one parking unit ( "Unit 1 "), and
16 limited common element storage units. Exhibit C of the Village at Avon PUD Guide ( "VAA
PUD Guide ") defines the quantity of required off - street parking for the proposed uses at Traer
Creek Plaza as a total of 215 required off - street parking spaces. The Application depicts a
surface parking area with a total of 95 spaces and a two level below grade parking garage with a
total of 168 parking spaces for a total of 263 off - street parking spaces. The Application
proposes to establish the surface parking area with 95 parking spaces as a common element (that
would be owned by an owner's association comprised of the Commercial Unit owners) and
Traer Creek Plaza, LLC Appeal
Page 1 of 8
2010.03.18 ejh
establish Unit 1 as a separately defined condominium unit (which is not a common element or
limited common element of the proposed owner's association.) The Application and related
materials clearly indicate that the intent of the Application and the right of Traer Creek
Metropolitan District ( "District ") is that Unit 1 will be conveyed to the District if the Application
is approved by the Town Council.
2. Decision of the Town Clerk: The Town Clerk provided a letter on February 3, 2010 to
the representative of TC Plaza informing TC Plaza that the Application would not be placed on a
Town Council agenda in accordance with Section 16.12.050 of the Avon Municipal Code
( "Municipal Code ") because (a) the Application is not in compliance with the Town's
regulations concerning subdivision and ownership of required parking and (b) the District is
considered to be an applicant for the purposes of the Application and that the District is currently
in default of agreements with the Town of Avon. TC Plaza, represented by Michael Repucci,
provided a letter dated February 4, 2010 requesting an appeal of the Town Clerk's decision to
the Town Council in accordance with Section 16.12.050(d) of the Municipal Code.
3. TC Plaza Appeal Hearing: The Town Council properly scheduled and conducted a
hearing in a timely manner for TC Plaza's appeals in accordance with Avon Municipal Code
Section 16.12.050(d). The February 23, 2010 hearing concerning TC Plaza's appeal of the
Town Clerk's Decision was properly noticed as required by the Avon Municipal Code. The
Avon Town Council, acting in its capacity as a quasi-judicial tribunal, properly has jurisdiction
over the matters described in TC Plaza's appeal and has full legal power and authority to render
its decision with respect to TC Plaza's appeal.
4. Statement of Incorporation of List of Documents: The Town Council received a list of
documents and records related to the Application which is identified as, " Traer Creek Plaza,
LLC Subdivision Application, List of Documents, prepared February 25, 2010," ( "List of
Documents ") and is incorporated herein as Exhibit A. The Town Council finds that it has
considered all documents cited in the List of Documents, as well as has considered the
Municipal Code and relevant state statutes, and incorporates all such documents into the findings
of the Town Council. References to documents and correspondence in this Findings of Fact and
Final Decision cite the List of Documents.
5. Oral Arguments Presented: At the February 23, 2010 appeal hearing, Community
Development Director Sally Vecchio and Town Attorney Eric Heil presented oral arguments on
the record in support of the Town Clerk's Decision, and Michael Repucci of Johnson & Repucci
LLP, appearing on behalf of TC Plaza, presented oral arguments on the record in support of TC
Plaza's position that the Avon Town Council should overrule the Town Clerk's Decision and
direct the Town Clerk to place TC Plaza's application on the next available Town Council
agenda for public hearing. With respect to the first ground asserted by the Town Clerk in
support of the Town Clerk's Decision, Community Development Director Sally Vecchio stated
that neither the preliminary plan nor the final plat for Village (at Avon) Filing No. 1 included
approval of a parking garage to be a separately owned public improvement which would provide
the required parking for the development of Lot 2, and that the proposed Condominium Plat is
inconsistent with the Off - Street Parking Regulations of the Village at Avon PUD and Sections
16.24.010, 16.20.040, 17.24.020(a)(1), 17.24.020(a)(2), 17.24.020(a)(5) of the Avon Municipal
Code with respect to the proposed ownership of the Lot 2 underground parking areas.
6. Findings Concerning Separation of Ownership of Required Parking:
(a) VAA Agreement and PUD Guide. The VAA Agreement provides that the PUD Guide
is part of the "Development Plan" approved by the Town of Avon and the PUD Guide is defined
as, "The document approved by the Town that establishes land use and development regulations
for all of the Property and each of the Planning Areas within the Property. "' The PUD Guide,
I.3. states, "Parking Requirements. Parking shall be in conformance with The Village (at Avon)
Parking Regulations set forth in Exhibit C to this PUD Guide." The PUD Guide, Exhibit C. sets
forth a parking table in sub -part A, includes a statement that "Shared Facilities" for parking is
permitted in sub -part B, establishes standards and formulas for reduction of parking requirements
in mixed use projects in sub -part C, and allows for reduction of parking dimensions for compact
cards in sub -part D. No regulation or standard in PUD Guide, Exhibit C expressly addresses the
issue of ownership of required parking or the separation of ownership of required parking from
the use or building which that parking serves.
The VAA Agreement provides that vested rights to develop within the Projece includes "The
right to develop and complete the development of the Project (including, without limitation, the
right to receive all Town approvals necessary for development of the Project) with conditions,
standards and dedications which are no more onerous than those imposed by the Town upon
other developers in Town on a uniform, non - discriminatory and consistent basis...." 3 The PUD
Guide also states, "Where the Development Plan does not address a specific subject, the
applicable provisions of the Municipal Code shall, to the extent such Municipal Code provisions
are not inconsistent with any provision of the Development Plan or the Annexation and
Development Agreement, control the development of The Village (at Avon). "A
The PUD Guide does not expressly state that the parking regulations contained in Exhibit C
are the sole and exclusive regulations which can be applied to development within The Village
(at Avon) and the PUD Guide expressly states that the Municipal Code shall control the
development of The Village (at Avon) where the Development Plan does not address a specific
subject. The Development Plan does not address the specific subject of establishing, permitting
or allowing the parking required to serve a use or building to be legally separated from the use or
building which it is serving.
(b) Parking Regulations, Avon Municipal Code. The Municipal Code requires
condominium subdivision applications to be reviewed and approved by the Town Council but
' Exhibit A, Item 29, VAA Agreement, Sections 1.1.9 "Development Plan" defined, 1.1.35 "PUD Guide"
defined, and Section 3.1 "PUD Zoning."
2 Exhibit A, Item 29, VAA Agreement, Section 1. 1.28 "Project" defined.
3 Exhibit A, Item 29, VAA Agreement, Section 3.4(d), similar statements are made in Item 25, VAA
Agreement Section 3.6 and PUD Guide, Section A.4.
4 Exhibit A, Item 29, PUD Guide, Section A.5.
does not expressly state the review process for condominium applications. The Application was
submitted, received and processed as a minor subdivision, condominium final plat.5 Section
16.24.010 of the Municipal Code states that the final plat must conform to the preliminary plan.
Section 16.20.040 of the Municipal Code states that the Town Council shall review the
preliminary plan to determine whether the proposed subdivision conforms to applicable zoning
and subdivision regulations.
Section 17.24.010(a)(1) of the Municipal Code states the Town's Off - Street Parking and
Loading regulations shall apply, "For all buildings and structures erected, and all uses of land
established after the effective date of the ordinance codified in this Chapter, accessory parking
and loading facilities shall be provided in accordance with the provisions of this Section and
subject to any restrictions contained elsewhere in this Chapter for the district in which such
facilities are located." Section 17.08.040 defines "accessory building or use" to mean, "a
subordinate building or use which is located on the same lot on which the main building or use is
situated and which is reasonably necessary and incidental to the conduct of the primary use of
such building or main use, ..."
Section 17.24.020(a)(1)a. of the Municipal Code states, "All parking spaces required to serve
buildings or uses erected, established, altered or enlarged after the effective date of the ordinance
codified in this Chapter shall be located on the same lot as the building or use served, "
Section 17.24.020(a)(2)a. of the Municipal Code states, "In cases where parking facilities are
permitted on land other than the lot on which the building or use served is located, such facilities
shall be in the same possession as the lot occupied by the building or use to which the parking
facilities are accessory. Such possession shall be by deed or lease, and such deed or lease shall
be filed with the recorder of deeds of Eagle County." Section 17.24.020(a)(2)b. states that the
termination of lease for off -site parking shall classify the use as an illegal non - conforming use
and shall be subject to zoning enforcement action.
Section 17.08.440 of the Municipal Code states, "Lot means a parcel of real property as
shown with a separate and distinct number or letter on a plat recorded with the County Clerk and
Recorder, ..." and Section 16.08.110 of the Municipal Code states, "Lot means the individual
parcels or separate interests into which a tract of real property is to be divided for purposes of
occupancy or transfer of ownership."
(c) Finding of intent and purpose. The Town Council finds that the intent and purpose of
Section 17.24.020 Off -Street Parking of the Municipal Code is to require the parking which is
accessory to the use or building that it serves to be in the same ownership as the building or use
that it serves in order to allow the Town to enforce such parking requirement through its zoning
enforcement authority. The Town Council further finds that the requirement that accessory
parking should remain in the same ownership as the building or use it serves promotes the intent
of the Municipal Code, stated in Section 17.04.030(2) "To lessen congestion on the roads and
enhance pedestrian and vehicle movement with the least detriment to environmental quality;" by
5 Exhibit A, Item 21
maintaining the Town's zoning enforcement authority to enforce an adequate amount of required
off - street parking.
(d) Definition of Lot as Applied. The Town Council finds that the Application proposes to
establish Unit 1 as a separate "Lot" because Unit 1 would have a separate and distinct number or
letter on the Traer Creek Plaza condominium map to be recorded in the Eagle County Clerk and
Recorder's Office and that Unit 1 would be a separate interest of real property divided for the
purpose of transfer of ownership. The Town Council further finds that the Application does not
propose that Unit 1 would be in the same possession by deed or lease as the building or use for
which Unit 1 is necessary to meet the off - street parking requirements. Correspondence from Ms.
Sisneros, legal counsel for Traer Creek Metropolitan District, confirms the intent of the
Application is to create a legal, separate ownership interest in Unit 1 that is separate from the
ownership of the remainder of the Commercial Units in the Application.6
(e) Subdivision Variance Application Process. Town Council finds that Section 16.12.020
Variances of the Municipal Code permits an applicant to apply for a variance from the strict or
literal application of the subdivision regulations where such application would result in undue
hardship or where the regulations are not materially important, in a planning sense, to the orderly
controlled development of the tract in question. Town Council finds that the Subdivision
Variance application process would be the appropriate subdivision application process to
consider a subdivision application where the applicant proposes the separation of ownership of
the accessory parking from the building or use that it serves.
(f) Final Decision. Based on the findings stated above, the Town Council upholds the
decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision
application on the agenda of a Town Council meeting because the Town Council finds that the
Application does not provide the required amount of accessory parking to serve the building or
use within the same ownership as the building or use that such accessory parking serves, and
therefore, the Application is not in compliance with the applicable standards of the Municipal
Code. Pursuant to Section 16.12.050 of the Municipal Code, the Application as submitted is not
entitled to be placed on a meeting agenda of the Avon Town Council for consideration by the
Avon Town Council.
7. Findings Concerning Traer Creek Metropolitan District as an Applicant:
(a) Municipal Code. Section 16.12.010 of the Municipal Code states, "No person but the
owner of land may subdivide or make application to subdivide such land without first having
obtained a properly acknowledged power of attorney to subdivide such land from the owner or
owners thereof or from the authorized agents of said owners." Chapter 16.08 of the Municipal
Code does not define "owner," "agent" or "land." The Town has previously and consistently
interpreted "owner of land" to include the owner of buildings for the purposes of condominium
subdivision applications. Section 16.08.080 of the Municipal Code states, "Easement means a
6 Exhibit A, Item 14, Exhibit 13, Pages 1 and 2.
conveyance or reservation of an incident of ownership in real property for one (1) or more
specific purposes."
(b) Development Agreement and related documents. The Town of Avon issued a
building permit for Traer Creek Plaza in April of 2004. Subsequent to the issuance of the
building permit by the Town of Avon, Traer Creek -L2, LLC (the predecessor to Traer Creek
Plaza, LLC and referred to as "Developer ") and Traer Creek Metropolitan District ( "District ")
entered into a Development Agreement, dated December 1, 2004, a Common Easement
Agreement dated December 1, 20048, and a Parking Facility Easement Agreement, dated
December 10, 20049. The Development Agreement sets forth provisions in Section 4
Submission to Condominium Regime regarding cooperation in the submission of an application
to the Town of Avon to establish a condominium regime ( "Condominium Regime "). Section
4(b) of the Development Agreement states that the District covenants to pay the Developer
twenty percent (20 %) of all costs and expenses related to the formation of the Condominium
Regime. Section 4(b) of the Development Agreement states, "The Developer acknowledges and
agrees that the District shall be entitled to review the proposed declarations, maps, bylaws, and
other documents or instruments to be entered into or produced in connection with the
establishment of the Condominium Regime." Section 4(b) of the Development Agreement also
states that the Developer shall immediately convey Unit 1 to the District by special warranty
deed upon approval of the condominium application. Traer Creek -L2, LLC granted and
conveyed an easement to the District to construct and maintain a parking structure and all
appurtenances by the Parking Facility Easement Agreement.
(c) Statements of Ownership. Ms. Sisneros states that the District presently owns the
parking garage which the Application proposes to establish as Unit 1 of the condominium. 10 Mr.
Ayers confirms that the District presently owns the parking garage which the Application
proposes to establish as Unit 1 of the condominium.11 Mr. Repucci also stated and confirmed at
the February 23, 2010 hearing that the District presently owns the parking garage which the
Application proposes to establish as Unit 1 of the condominium.
(d) Default. The Town Council finds that the District is in default of the VAA Agreement
with the Town of Avon based upon notices of default 12 and claims asserted in the District Court
case of Town of Avon versus Traer Creek Metropolitan District, 2008 CV 385 filed in Eagle
County, which pleadings are incorporated into the record by this reference.
(e) Final Decision. Based on the findings stated above, the Town Council upholds the
decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision
application on the agenda of a Town Council meeting because the Town Council finds that the
Exhibit A, Item 24
8 Exhibit A, Item 25
9 Exhibit A, Item 23
10 Exhibit A, Item 7, page 3
11 Exhibit A, Item 6, page 1
12 Exhibit A, Item 32
Development Agreement, Parking Facility Agreement and Common Easement establish a
beneficial ownership interest in real estate for the benefit of the District; the obligation of the
District to cooperate and participate in a condominium subdivision application for the Traer
Creek Plaza building; the right of the District to review, participate and approve a condominium
subdivision application; the obligation of the District to pay a portion of the condominium
subdivision application fees and costs; and the right of the District to receive fee ownership to a
separate ownership interest described as Unit 1 of the Application; and that representatives of the
Application and the District have stated and confirmed that the District is presently the owner of
the parking garage area. Therefore, the Town Council finds that the District is the owner of a
real property interest in Lot 2, The Village at Avon Filing No. 1, Avon, Colorado; that the
District has authorized Traer Creek Plaza, LLC to submit a condominium application on behalf
of the District's ownership interest; and that the District is an applicant for the purposes of
Section 16.12.050 of the Municipal Code. Town Council also finds that the District is in default
of the VAA Agreement with the Town of Avon. Pursuant to Avon Municipal Code Section
16.12.050, the Application as submitted is not entitled to be placed on a meeting agenda of the
Avon Town Council for consideration by the Avon Town Council until such time as the District
is not in default with the Town of Avon or the District is divested of any beneficial real property
ownership interest in Lot 2, The Village at Avon, Filing No. 1, Town of Avon, Colorado.
8. Limitation of Findings of Fact and Final Decision: The Findings of Fact and Final
Decision contained herein are limited to consideration of the Town Clerk's decision to not place
the Application on an agenda of the Town Council. With respect to considering Traer's appeal
of the Town Clerk's Decision, the Avon Town Council is mindful that it cannot consider the
relative merits of TC Plaza's Condominium Plat Application at this time. Rather, Avon Town
Council is solely required to determine if adequate grounds exist to support the Town Clerk's
Decision to refuse to place TC Plaza's Condominium Plat Application on the Avon Town
Council meeting agenda for February 9, 2010, or on any later Avon Town Council meeting
agenda.
DATED March 23, 2010.
BY THE TOWN OF AVON: ATTEST:
Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk
EXHIBIT A
PUBLIC WRITTEN RECORD OF APPEAL
Traer Creek Plaza, LLC Subdivision Application
List of Documents, prepared February 25, 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. Letter: To: Helaine R. Smith, Johnson & Repucci, LLP
From: Patty McKenny, Town Clerk
Date: February 3, 2010 (date on letter erroneously states January 3, 2010).
Re: Notice of removal of application from Town Council Agenda
4. Memo: To: Patty McKenny, Asst. Town Manager /Town Clerk
From: Eric Heil, Town Attorney
Date: February 2, 2010
Re: Traer Creek Plaza Condominium Application
5. 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
6. 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
7. Letter: To: Eric Heil, Town Attorney
From: Darlene Sisneros, McGeady Sisneros, P.C.
Date: January 25, 2010
RE. Response to 3rd Legal Review of Traer Creek Plaza Condominium
8. Letter: To: Michael J. Repucci, Johnson & Repucci, LLP
From: Eric Heil, Town Attorney
Date: December 23, 2009
RE: 3rd Legal Review of Traer Creek Plaza condominium application
100114094 \ 2}
9. Letter: To: Eric Heil, Town Attorney
From: Michael J. Repucci, Johnson & Repucci, LLP
Date: November 23, 2009
RE: Traer Creek Plaza Condominium Map
10. Memo: To: Honorable Mayor and Town Council
From: Justin Hildreth, Town Engineer/Matthew Gennett, Planning Manager
Date: November 18, 2009 (memorandum date erroneously states November 12,
2010).
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)
11. 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.
12. 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.
13. Condominium Plat: Condominium Map of Traer Creek Plaza
Date: Pending
Re: Attachment C. Parcel Description Lot 2, The Village (at Avon) Filing 1
14. 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
100114094 \ 2) Page 2 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
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
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 2, 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
100114094 \ 2) Page 3 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
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:
E -Mail: 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
From: Justin Hildreth, Town Engineer
Date: August 03, 2009
Re: Response to June 15`", 2009 revised submittal of the Condominium
Map of Traer Creek Plaza.
Letter: To: Matt Gennett, Planning Manager
From: Eric Heil, Town Attorney
Re: Legal Comments on Traer Creek Plaza Condominium Application
Date: July 24, 2009
Exhibit 12:
Town Code Parking Requirements: Parking Spaces Required
Exhibit 13:
Letter: To: Eric Heil
From: Darlene Sisneros, McGeady 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.
100114094 \ 2) Page 4 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
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
15. Traer Creek Plaza Condominium Map, submitted October 26, 2009
16. Declaration of Protective Covenants, Conditions, and Restrictions for Traer Creek
Plaza Condominiums, submitted October 26, 2009.
17. Traer Creek Plaza Condominium Map, submitted June 15, 2009
18. 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
19. Traer Creek Plaza Condominium Map, submitted December 4, 2008
20. 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.
21. 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
22. Traer Creek Plaza Condominium Map, submitted August 25, 2008
23. Parking Facility Easement Agreement, dated December 10, 2004 between Traer Creek -L2
LLC and Traer Creek Metropolitan District.
24. Development Agreement, dated December 1, 2004 between Traer Creek -L2 LLC and Traer
Creek Metropolitan District.
{00114094 \ 2) Page 5 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
25. Common Easement Agreement, dated December 1, 2004 between Traer Creek -L2 LLC
and Traer Creek Metropolitan District.
26. 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.
27. Resolution 01 -09 Approving Preliminary Subdivision Plan for the Village (at Avon)
Filing 1, Town of Avon, Eagle County, Colorado, dated June 12, 2001.
28. 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.
29. 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.
30. The Village (at Avon) Filing 1, Amended Final Plat, dated 2004.
31. E -Mail Correspondence between town staff and the applicant.
E -mail: To: Justin Hildreth
From: Michael Lindholm
Date: September 9, 2009
Re: Traer Creek Plaza Condo Application
E -mail: To: Michael Lindholm
From: Justin Hildreth
Date: August 26, 2009
Re: Condo Application for Lot 2
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: August 13, 2009
Re: Postponement of Town Council Hearing on Traer Creek Plaza
Condominium Map
E -mail: To: Justin Hildreth
From: Eric Heil; Larry Brooks
Date: August 13, 2009
Re: Postponement of Town Council Hearing on Traer Creek Plaza
Condominium Map
100114094 \ 2 }Page 6 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
E -mail: To: Michael Lindholm
From: Justin Hildreth; Matt Gennett
Date: August 13, 2009
Re: Traer Creek Plaza- Traer Creek Metropolitan District Parking
Structure
E -mail: To: Justin Hildreth
From: Helaine Resnick Smith
Date: August 4, 2009
Re: 2009.08.04 Letter to Helaine R Smith.pdf - Adobe Acrobat Standard
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: July 30, 2009
Re: Traer Creek Plaza Condominium Map
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: July 21, 2009
Re: Traer Creek Plaza Condominium Map
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: July 14, 2009
Re: Traer Creek Plaza Condominium Map
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: July 6, 2009
Re: Traer Creek Plaza Condominium Map
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: June 24, 2009
Re: Traer Creek Plaza Declaration
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: June 17, 2009
Re: Traer Creek Plaza Condominium Map
E -mail: To: Helaine Resnick Smith
From: Justin Hildreth
Date: June 16, 2009
Re: Correspondence received today attached
100114094 \ 2) Page 7 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
E -mail: To: Justin Hildreth
From: Matt Gennett; Eric Heil; Eric Heidemann; Larry Brooks; Darlene
Sisneros; Helaine Resnick Smith
Date: January 7, 2009
Re: Revised Comment Letter
E -mail: To: Helaine Resnick Smith
From: Matt Gennett
Date: December 31, 2008
Re: Traer Creek Plaza
E -mail: To: Matt Gennett
From: Justin Hildreth
Date: December 31, 2008
Re: Traer Creek Plaza
E -mail: To: Justin Hildreth
From: Helaine Resnick Smith
Date: September 26, 2008
Re: Attachment: Traer Creek Plaza Condo Map Comments.pdf
32. Notice of Default Letters from the Town of Avon sent to Traer Creek Metropolitan
District.
Letter:To: Darlene Sisneros
From: Eric Heil
Date: September 24, 2009
Re: Notice of Material Modification of Service Plan
Letter: To: Darlene Sisneros; Traer Creek LLC; EMD Limited Liability Company
From: Eric Heil
Date: September 24, 2009
Re: Notice of Default of Annexation and Development Agreement; Construction
of East Beaver Creek Boulevard Phase III
Letter:To: Darlene Sisneros
From: John W. Dunn
Date: September 3, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter:To: Darlene Sisneros
From: John W. Dunn
Date: August 1, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
(00 114094 \ 2) Page 8 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: July 1, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: June 2, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: May 1, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: April 1, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: February 4, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: January 4, 2008
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: December 3, 2007
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
(00 114094 \ 2) Page 9 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents,
March 3, 2010
Letter: To: Darlene Sisneros
From: John W. Dunn
Date: November 8, 2007
Re: Annexation and Development Agreement between Town of Avon and EMD
Limited Liability Company
Traer Creek Plaza, LLC Subdivision Application List of Documents,
P
TOWN OF AVON, COLORADO AVON
AVON WORK SESSION MEETING FOR TUESDAY, MARCH 23, 2010 ,
MEETING BEGINS AT 2:30 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 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."ON.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
2:30 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
2:30 PM — 2:45 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES
Avon Council Meeting. 1 0.03.23.doc
Page 1 of 3
a. Eagle County Multi -Party Land Exchange Update (Ron Wolfe, Mayor)
b. Eagle Air Alliance Update (Amy Phillips, Councilor)
c. Financial Matters Memo Only
2:45 PM — 3:30 PM
3. MULTI YEAR FINANCIAL MODEL PRESENTATION (Stan Bernstein, Bernstein &
Associates, Scott Wright, Assistant Town Manager Finance) Review multi -year
financial model for General Fund and Avon Urban Renewal Authority Fund,
specifically the cash flow projections and key assumptions
3:30 PM — 4:30 PM
4. JOINT MEETING WITH EAGLE COUNTY BOARD OF COMMISSIONERS (Sara Fischer,
Peter Runyon) Joint meeting to discuss items of mutual concern such as budget
constraints, resource sharing ideas and transportation
4:30 PM — 4:45 PM
5. BRIEF BREAK
4:45 PM — 5:45 PM
6. JOINT MEETING WITH PLANNING & ZONING COMMISSION TO REVIEW DRAFT OF
UNIFIED DEVELOPMENT CODE (Eric Heil, Town Attorney, Sally Vecchio, Assistant
Town Manager Community Development) Review draft of Unified Development Code
completed by Clarion Associates; review Zoning Advisory Committee's comments
and recommendations
5:45 PM
7. ADJOURNMENT
5:45 PM - 6:00 PM
8. BRIEF BREAK
Avon Council Meeting. 1 0.03.23.doc
Page 1 of 3
FINANCIAL MATTERS
March 23, 2010
1. YTD Building Revenue Report Actual vs Budget — February
2. Detail -Real Estate Transfer Taxes — December, February
3. Accommodations Tax Worksheet Actual vs Budget — January
4. Sales Tax Worksheet Actual vs Budget — December, January
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2009
Total December Revenue 191,101.65 148,529.85
Total YTD Revenue
Total 2009 Budget
1,103,503.06 661,677.34
825,000.00 650,000.00
Variance, Favorable (Unfavorable) $ 278,503.06 $ 11,677.34 $
The Gates at
Purchaser Name
Property
Amount Received
Riverfront PUD Beaver Creek
Nov -09
$ 912,401.41 $
513,147.49 $
Land Title Guarantee
Falcon Pointe 308 -17
20.00
Title Comp Rockies
Mtn. Vista 48 -09
179.90
Title Comp Rockies
Mtn. Vista 49 -09
310.70
Title Comp Rockies
Mtn. Vista 50 -09
1,276.95
Title Comp Rockies
Mtn. Vista 51 -09
1,176.00
Title Comp Rockies
Mtn. Vista 52 -09
798.00
Title Comp Rockies
Mtn. Vista 1626 & 1628 -26
295.00
Title Comp Rockies
Lakeside Terrace 51 -09
144.95
Mark, Kathy & Joshua Rumble
Sunridge F -301
1,740.00
Penoxide LLC
Avon Lake Viallas W -2
7,000.00
Bradley & Madonna Binkowski
114 Blue Flax Lot 10 Mtn. Star
72,000.00
Work Family US Trust
5201 Longsun Lane Lot 1
24,500.00
Douglas & Lisa Currey
Lot 111 -E Blk 1 WR
24,000.00
David W. Larne
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 Rockies
Mtn. Vista 10 -01
634.00
Title Comp Rockies
Mtn. Vista 1301 -35
1675.00
Title Comp Rockies
Mtn. Vista 04 -10
2573.90
Title Comp Rockies
Mtn. Vista 05 -10
$1,028.70
Title Comp Rockies
Mtn. Vista 06 -10
$758.00
Title Comp Rockies
Lakeside Terrace 10 -01
144.95
Mark Yare
Benchmark B -19
2400.00
MED Wholesales LLC
Seasons # 201
6000.00
Kristina & Ian Bruce
Eaglebend B -16
$17,000.00
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
Ticor Title
Riverfront 05 -10
7,044.90
Ticor Title
Riverfront 06 -10
3,343.00
Ticor Title
Riverfront 08 -10
708.00
Total December Revenue 191,101.65 148,529.85
Total YTD Revenue
Total 2009 Budget
1,103,503.06 661,677.34
825,000.00 650,000.00
Variance, Favorable (Unfavorable) $ 278,503.06 $ 11,677.34 $
Purchaser Name
Town of Avon
Real Estate Transfer Tax
Calendar Year 2010
Property
Amount Received Riverfront PUD
Jan -10
$
77,245.00 $
159,888.00
Heriatage Title Comp
Christiel Lodge Timeshare
60.00
Land Title Guarantee
Falcon Pointe 401 -13
60.00
Land Title Guarantee
Falcon Pointe 408 -39
24.00
Title Comp Rockies
Mtn. Vista 07 -10
199.00
Title Comp Rockies
Mtn. Vista 08 -10
1,685.00
Resort Closings
Mtn. Vista 1206 -32
10.02
Holiday
Mtn. Vista 1522 & 1524 -45
28.00
Resort Closings
Lakeside Terrace C 302 -8
140.00
Lucimari G. Rodman
Avon Lake Villas V -1
3,600.00
Jeremy & Kerri Thelen
Sunnyside @ Avon # 2
5,040.00
Kimberly Koch
Lot 78 -B Blk 4 WR
(3,200.00)
Ticor Title
Riverfront Timeshare 06 -10
6,384.80
Ticor Title
Riverfront Timeshare 07 -10
13,766.00
Ticor Title
Riverfront Timeshare 08 -10
4,347.40
Miguel Frontera
Riverfront 146
7,410.00
Fowler Resort LLC
Riverfront 202
14,340.00
Jospeh & Carla Vilasi
Riverfront 205
11,700.00
Silzmark @ Vail Inc
Riverfront 245
6,175.00
Gordon Kwok -On Chau & Grace Kit -Yee Fong
Riverfront 302
14,640.00
Raymond Fong & Yue Li Chooi
Riverfront 304
14,640.00
Hyperion Investments USA LLC
Riverfront 309
19,140.00
Mitchell & Jane Imber
Riverfront 322
5,330.00
J &E West LLC
Riverfront 325
5,330.00
Mohsen & Sohail Malakouti
Riverfront 343
6,565.00
Lowinger Sunset LLC & Lowinger Imperial LLC
Riverfront 400
15,540.00
Westin 402 LLC
Riverfront 402
14,940.00
Kivel Ventures LLC
Riverfront 403
12,540.00
Betsy Heyman 2010 Trust
Riverfront 404
14,940.00
Kipling & Jaime Kelley
Riverfront 405
12,240.00
Gary & Hope Lesnik
Riverfront 406
22,500.00
Malley Properties LLC
Riverfront 412
5,525.00
Robert Kluginan & Alex Gray
Riverfront 420
5,655.00
David Bloch
Riverfront 425
5,525.00
Stephyanie Lien & Michael D'Urso
Riverfront 427
5,525.00
Flora Bell & Craig Crea
Riverfront 430
5,005.00
Mjichael McLain
Riverfront 431
5,135.00
Charles Milne Jr.
Riverfront 439
5,135.00
Charles Rieb
Riverfront 515
17,520.00
Archipelago Partners LLC
Riverfront 521
16,740.00
Mountain Huvi LLC
Riverfront 522
5,785.00
Bruce & Janet Witter
Riverfront 545
14,340.00
Avon Adventures LLC
Riverfront 551
16,500.00
Sam Realty LLC
Riverfront 614
5,915.00
Redsands Properties LLC
Riverfront 721
18,300.00
Total February Revenue
7,646.02
355,073.20
Total YTD Revenue
84,891.02
514,961.20
Total 2010 Budget
1,000,000.00
1,091,798.00
Variance, Favorable (Unfavorable) $
(915,108.98) $
(576,836.80)
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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: March 18, 2010
Re: Multi -year Financial Model Presentation
Summary:
Initials
Stan Bernstein and Associates has been working with Town staff for several weeks on
updating the Town's multi -year financial model for the General Fund, as well as a cash flow
projection for the Avon Urban Renewal Authority's tax increment financing. These financial
models are attached along with cover memorandums from Stan Bernstein explaining the key
assumptions and information presented. In addition, a one page development analysis for the
Riverfront PUD for the project of real estate transfer taxes is also attached without a cover
memorandum.
Stan will present a PowerPoint presentation to the Council on Tuesday highlighting the results
of these models and his projections and answering any questions you may have.
Town Manager Comments:
Attachments:
A — Stan Bernstein and Associates memorandum and multi -year financial model for TOA General Fund
B — Stan Bernstein and Associates memorandum and cash flow projections for Avon Town Center
West Tax Increment Financing
C — Riverfront PUD RETT analysis
Page 1
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Telephone: 303 - 409 -7611; Fax: 303 - 409 -7612; Email: stanplan @earthlinknet
March 17, 2010
Avon Urban Renewal Authority Board of Directors
Mr. Larry Brooks, Executive Director /Secretary, Mr. Scott Wright, Treasurer
Dear Board Members, Mr. Brooks and Mr. Wright:
Stan Bernstein and Associates, Inc. ( "SBA ") has compiled a cash flow projection with the objective
of identifying how much excess URA cash would be available after payment of the annual debt
service payments on the $7,200,000 Series 2009 Tax Increment Revenue Bonds based upon the
following key assumptions.
Incremental Assessed Valuation. The current certified incremental assessed valuation as
of the January 1, 2009 Assessment Date is $17,517,540. Based upon discussions with the
Eagle County Assessor's Office it appears reasonable to assume that the Incremental
Assessed Valuation will increase to $17,828,435 as of the January 1, 2010 Assessment
Date (as a result of additional value resulting from the completion of Phase I of the
Fractional Ownership project which was 75% - 85% completed as of the January 1, 2009
Assessment Date).
For financial modeling purposes, we have assumed that aggregate values within the
Plan Area will decline 20% for tax collection year 2012 as a result of the 2011
reassessment process. This assumed 20% decline in assessed valuation could result in
Incremental Assessed Valuation in the amount of $14,262,748 for tax collection year 2012.
Based upon discussions with East West Partners, it is assumed that Phase H of the
Fractional Ownership Project (79 condominium units) could be completed by December 31,
2013. Officials of East West have indicated that Phase II of the Fractional Ownership
Project is likely to start construction when a 60 % -70% sellout rate occurs for the Phase I
Fractional Ownership Project — at the current time sellout is approximately 40% sold out.
The completion of Phase II of the Fractional Ownership Project is assumed to add
approximately $5.35 million of Incremental Assessed Valuation resulting in $19,611,032 of
total Incremental Assessed Valuation for tax collection year 2015.
For conservative financial modeling purposes we have not assumed any construction after
2013, although East West Partners have indicated that if market conditions improve it is
likely that approximately 101 whole ownership condominiums could be completed during
2
March 17, 2010
Page ii
Incremental Assessed Valuation (continued)
2014 — 2016. The completion and sale of these units could result in the addition of
approximately $12 million of incremental assessed valuation resulting in a total
Incremental Assessed Valuation of approximately $31.6 million by tax collection year
2018.
• Overlapping Mill Levies and Tax Increment Property Tax Revenues. Current certified
mill levies overlapping the boundaries of the Tax Increment District total 56.969 and the
Town has budgeted $959,179 in tax increment property tax revenues for 2010 (which
includes $13,813 of interest earnings from the $552,525 debt service reserve fund which
was established upon issuance of the Series 2009 Tax Increment Revenue Bonds).
Based upon assumed future overlapping mill levies of approximately 54 mills, total
Incremental Property Tax Revenues (including $13,813 of interest earnings) are projected
as follows.
Pledged
Revenues
For Debt Service
$ 959,179
$ 955,172
$ 766,900 (20% Decline in Values)
$ 766,900
$ 766,900
$1,049,295 (Phase II Fractional)
• Annual Debt Service Requirements on Series 2009 $7.2 Million Tax Increment Bonds.
The interest rate on the Series 2009 Tax Increment Revenue Bonds is reset on June 1 of
every year based upon the One Year Libor Swap Rate plus 200 Basis Points. The interest
rate for the current year ending May 31 is 4.25 %. Because the One Year Libor Swap Rate
is currently under 1.00% (it is actually 0.87 %), for financial modeling purposes we are
assuming a June 1, 2010 reset of the interest rate of 3.00 %. Assumed future interest rates,
and related annual debt service requirements, are presented below.
Year
Incremental
Year
Assessed Value
2010
$17,517,540
2011
$17,828,435
2012
$14,262,748
2013
$14,262,748
2014
$14,262,748
2015
$19,611,032
Pledged
Revenues
For Debt Service
$ 959,179
$ 955,172
$ 766,900 (20% Decline in Values)
$ 766,900
$ 766,900
$1,049,295 (Phase II Fractional)
• Annual Debt Service Requirements on Series 2009 $7.2 Million Tax Increment Bonds.
The interest rate on the Series 2009 Tax Increment Revenue Bonds is reset on June 1 of
every year based upon the One Year Libor Swap Rate plus 200 Basis Points. The interest
rate for the current year ending May 31 is 4.25 %. Because the One Year Libor Swap Rate
is currently under 1.00% (it is actually 0.87 %), for financial modeling purposes we are
assuming a June 1, 2010 reset of the interest rate of 3.00 %. Assumed future interest rates,
and related annual debt service requirements, are presented below.
Year
Interest Rate
Interest
Principal
Total Debt Service
2010
3.60%
$252,719
$250,000
$502,719
2011
3.50%
$238,875
$260,000
$498,875
2012
4.00%
$262,600
$270,000
$532,600
2013
4.25%
$267,538
$280,000
$547,538
2014
4.25%
$255,638
$295,000
$550,638
2015
4.25%
$243,100
$305,000
$548,100
3
March 17, 2010
Page iii
• Annual Tax Increment Revenues Available After Debt Service
The following chart presents the projected annual Tax Increment Revenues after payment
of annual debt service and administrative expenditures. These revenues would be
available for Mall Maintenance or other uses
Year
2010
2011
2012
2013
2014
2015
Pledged
Revenues
$ 959,179
$ 955,172
$ 766,900
$ 766,900
$ 766,900
$1,049,295
Debt Service and Adm.
$ 517,722
$ 518,875
$ 552,600
$ 567,538
$ 570,638
$ 568,100
Excess Revenues
$ 441,457
$ 436,297
$ 214,300
$ 199,362
$ 196,263
$ 481,195
In the event that the 2011 Reassessment results in a decline in property values within the
boundaries of the tax increment district in excess of 20 %, the above projected Excess
Revenues would be less than presented.
Risk Factors
As with any cash flow projection, there are inherent risks associated with predicting buildout rates,
price points, project completion dates, etc. No attempt has been made to evaluate price point, or
project value, risk. We have relied on the Developer of Riverfront Village for estimates of project
completion and of sales prices, and have not independently reviewed or examined these
assumptions.
There is also the risk that average municipal interest rates (3.60% - 4.25 %) could exceed those
assumed; and that such an increase could result in substantially higher debt service requirements
than presented on Exhibit I.
There are unique risks associated with URA Property Tax Increment supported Revenue Bonds. It
is speculative to predict the individual overlapping governmental jurisdictions which will be levied
during the next 25 years — for the most part we have assumed (based on discussions with current
governmental officials) that mill levies will remain at close to current certified levels; to the extent
that mill levies are reduced, Pledged Property Tax Revenues will also be reduced unless they are
offset by inflationary assessed value increases. We have projected residential assessed values
based upon a continuance of the 7.96% residential assessment rate although it is highly probable
that this rate will decline in future years; while such a decline could result in a lower incremental
assessed valuation, it is assumed that the current Property Tax Base assessed valuation will also
decline so that the incremental assessed valuation above the Property Tax Base should not be
impacted. Appraising and assessing properties within an urban renewal area is sometimes difficult
March 17, 2009
Page iv
and prone to errors at the County Assessor's Office level, and could result in less Pledged Property
Tax Revenues that projected. Temporary reductions in incremental assessed valuation within the
Plan Area could occur as a result of older properties being demolished, which could also result in
less Pledged Property Tax Revenues than projected. Decreases in property values could also have a
detrimental impact on Pledged Property Tax Revenues. And, as previously discussed, property
values within the boundaries of the Plan Area could, and are likely to, decline which would result in
a loss of Pledged Property Tax Revenues.
Stan Bernstein and Associates, Inc. has assembled this Cash Flow Projection as they relate to the
ability of the URA to generate the Pledged Property Tax Revenues sufficient to make the annual
debt service requirements on the Series 2009 Bonds. We have relied on others for key assumptions
regarding land use, scope of projects, values, completion of projects, costs of public infrastructure
improvements, interest rates and future mill levy certifications, etc. We have not independently
verified or evaluated these key assumptions, and consequently, disclaim any opinion regarding their
achievability. Since future events are subject to uncertainty and variation, we do not vouch for the
achievability of the information contained in the attached Exhibits and Schedules. Actual results are
likely to vary, and may vary materially, from the results presented in this Cash Flow Projection and
readers of this report should be aware of this possibility.
Very truly yours,
Stan Bernstein
Stan Bernstein for the Firm
Stan Bernstein and Associates, Inc.
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Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Telephone: 303 - 409 -7611; Fax: 303 - 409 -7612; Email: stanplan @earthlinknet
MEMORANDUM
TO: Mr. Larry Brooks, Town Manager
Mr. Scott Wright, Finance Director
Mayor and Town Council
FROM: Stan Bernstein, Amy Greer
DATE: March 17, 2010
SUBJECT: Town of Avon Multi -Year Financial Model — General Fund — Draft 1
Attached for your review is a preliminary draft of the Town of Avon Multi -Year Financial Model
that we have been working on these past few months. This model presents financial operations
of only the General Fund.
Key assumptions and information include:
The General Fund revenues and expenditures reflect 2009 Unaudited information, and the
Proposed Supplemental budget Amendment (per Scott's Memo dated March 3, 2010)
which indicates a General Fund Balance as of December 31, 2010 in the amount of
$7,001,832 (assuming Traer Creek Metropolitan District pays its (i) 2009 and 2010
"Payment In- Lieu -Of Sales Taxes in the amount of $1,332,382; and (ii) Charges for
Municipal Services in the amount of $994,435). In the event that these payments are not
collected from Traer Creek Metropolitan District during 2010, the General Fund balance
as of December 31, 2010 is projected to be $4,675,015.
• Detailed General Fund Revenue Assumptions (as presented and calculated on Exhibit
IAA, page 3) have been revised to reflect current information — this Exhibit is very
important because it forms the basis for projected future assessed valuation and related
property tax revenues, sales taxes, accommodation taxes, and recreation amenity fees.
1. General Fund property tax revenues budgeted for 2010 are $2,196,915 based upon a
certified General fund Mill levy of 8.956. This model assumes a 20% decline in assessed
valuation for tax collection year 2012 (based upon property values as of June 30, 2010
compared to property values as of June 30, 2008). We believe this is not an
unreasonable percentage decline to assume for financial planning purposes. If a 20%
decline in assessed valuation does in fact occur, property tax revenues for tax collection
I3
March 17, 2010
Page 2 of 4
year 2012 will decline by approximately $400,000 compared to the current year (i.e.,
from $2,196,915 in 2010 to $1,801,057), and this decline is reflected in the model. For
tax collection year 2014 (and for every other year thereafter) slight increases in assessed
valuations are assumed.
2. The Town's 4% Sales Tax revenues declined approximately 11.4% during 2009
compared to 2008 (i.e., from $5,732,281 in 2008 to $5,080,090 in 2009). This 11.4%
decline was comprised of a 13.34% decline in sales tax revenues collected from retail,
restaurant and bars, and other venders ($5,203,143 in 2008 to $4,509,094 in 2009); and a
7.91% increase in sales tax revenues collected from short term lodging rentals ($529,138
in 2008 to $570,996 in 2009).
Scott's 2010 revised Sales Tax revenues assumes a 1.67% increase compared to 2009,
which is comprised of a 18.77% increase in sales tax revenues collected from short-term
lodging (as a result of increased rental activity at the River Front project); and a 0.49%
decline in sales tax revenues collected from other venders. These appear to be reasonable
estimates, although it is too early in the year to determine if these projections will prove
to be accurate.
For financial modeling purposes, we are projecting 2011 sales tax revenues to be
relatively flat (i.e., approximately the same as 2010 estimates which are $5,164,965).
Beginning in 2012 we are projecting 2% annual increases in sales tax revenues — which
hopefully could be conservative pending national and economic conditions; and
depending upon potential new construction activity at the River Front project (i.e., the
future completion of Phase II of the 79 Unit Fractional Ownership project and East
West's 101 whole ownership condominium project).
3. The Town's 4% Accommodation Tax is discussed above (4% Sales Tax collections
generated from short-term lodging). It is interesting to understand that during 2007
(prior to the completion of the River Front project) the Town's 4% Accommodation Tax
generated $454,920, and during 2010 is budgeted to generate $678,171— approximately a
49% increase compared to 2007. This increase is totally attributed to short-term rentals
at the River Front project (although the success of the River Front rental program appears
to have taken a toll on other short-term rental programs located within the Town — total
short-term rentals totaled $12.1 million during 2007 (pre River Front) and totaled $8.4
million (excluding River Front) during 2009 (a decline of 30.5% in two years). One of
the reasons that the Accommodation Tax revenues have increased so dramatically at the
River Front project is because Phase I of the Fractional Ownership project is only 40%
sold out as of this date, and consequently, the developers have 60% of this project
available for short-term rentals. As Phase I sells out, fewer weeks will be available in the
rental pool and this could have a negative impact on accommodation tax revenues
(although when Phase I reaches 60 -70% sell out; then Phase II Fractional Ownership - 79
Units, East Building - will start construction and accommodation taxes will be generated
!!�-
March 17, 2010
Page 3 of 4
by Phase II during the sell -out period).
4. The Town's Recreation Amenity Fee revenues are estimated to be $175,000 during
2010 and are likely to increase to in excess of $200,000 by 2012 as Phase I Fractional
Ownership units are sold to third parties. Once Phase II Fractional Ownership units are
sold to third parties, approximately $380,000 of Recreation Amenity Fees could be
generated (perhaps by 2015).
Detailed General Fund Expenditure Assumptions are presented for each department on
Exhibits IB and IB -5. For preliminary planning purposes I% average annual increases
have been assumed for "Current Service Level" personnel and non - personnel
expenditures — these assumptions can be easily changed. Certain budgets have been
adjusted to reflect termination of existing equipment lease payments.
In accordance with Scott's March 3, 2010 Memo (Proposed Supplemental Budget
Amendment, page 3), for 2011 we have reduced Winter Transit Operations by $146,000
as a result of scaling back winter bus hours; and eliminated $42,500 of funding for the
Beaver Creek Mountain Express. We have also eliminated $58,000 of non - profit
funding (Community Relations Budget) — this model assumes these reductions are not
reinstated.
Row 56 — Excess Annual Revenues over Expenditures — indicates close to $900,000
annual surplus projected during 2010 and $1.25 million during 2011. These annual
surpluses are budgeted in case Traer Creek Metropolitan District does not pay its
obligations during those years. During years 2012 and 2013, however, annual surpluses
average only $863,000 because of the projected loss of $400,000 of annual property tax
revenues (as a result of the 2011 reassessment) during those years. Year 2014 and 2015
annual surpluses exceed $1.0 million.
Row 60 presents the cumulative General Fund Surpluses (Fund Balances) which increase
from $6.1 million at the end of 2009 to $12.2 million by the end of 2015 assuming Traer
Creek Metropolitan District pays all of its delinquent, current, and future obligations.
Row 62 assumes a worst case cumulative fund balance scenario — one where Traer Creek
does not pay any of its obligations — and fund balances decrease from $6.1 million at the
end of 2009 to $4.1 million by the end of 2015 (approximately $442,000 under the
Targeted fund balance (calculated at 35% of General Fund Expenditures and Transfers).
I think we have a good start here in terms of developing a Comprehensive Multi -Year Model that
can be used by the Town for long -range financial planning purposes. In this economic
environment it is very difficult to project revenues. To the extent revenues exceed expectations
16
March 17, 2010
Page 4 of 4
it may be possible to increase municipal service levels; to the extent revenues to not meet
expectations, and Traer Creek Metropolitan District does not honor its obligations, additional
reductions in municipal service levels will be required, etc.
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Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Sally Vecchio, Asst Town Mgr, Comm Deve5
Date: March 23, 2010
Re: Public Review Draft of the Unified Development Code
Summary
Under the direction of Town Staff, a public review draft of the Unified Development Code (the
"Code ") has been completed by Clarion Associates and will be reviewed by the Planning and Zoning
Commission (PZC) beginning in April. The Zoning Advisory Committee ( "ZAC ") has completed its
review of the document and has submitted its advisory comments and recommendations to the
Town Council and PZC.
A schedule for completing the public review process is provided herein, along with a brief summary
of the key policy issues that have emerged during this initial drafting stage of the Code.
Previous Council Actions
• On August 26, 2008, the Council awarded a contract to Clarion & Associates, a Colorado
based planning consultant firm to prepare a unified land use code that consolidated Title 16
Subdivisions and Title 17 Zoning of the Avon Municipal Code.
• In November 2008 the Council appointed a zoning advisory committee for the purpose of
reviewing the draft Code prior to the public review process.
• In February 2009 Clarion presented to Council the Unified Land Use Code Diagnosis and
Annotated Outline which identified eight issues with the existing land use regulations and a
proposed framework for the proposed revisions.
A copy of the Draft Development Code, Summary of ZAC Comments and the Unified Land Use
Code Diagnosis and Annotated Outline are included in a Development Code Notebook provided to
the Town Council and PZC with this memorandum.
Key Policy Issues
During the drafting process of the Code several policy issues emerged which are important to raise
with the Town Council and PZC as the public review of the Code begins.
1. Design Standards
An important addition to the town's zoning regulations proposed by Clarion is the inclusion of
Development Standards. The Development Standard establish minimum requirements for
landscaping, open space, parking, pedestrian connectivity, natural resource protection, sustainability
and design.
The design standards are included in the Development Standards and elaborate on the concepts
and requirements established in the Design Guidelines and the Comprehensive Plan. The design
standards include requirements for building orientation, materials and colors, building articulation and
scale. The standards are less about architectural style and more about maintaining or creating the
type of development patterns that promote the type of site and building characteristics that the Town
desires. Moving the design standards from the Design Guidelines and Comprehensive Plan to the
Code and not subjecting them to easy waiver will require discussion by the PZC and Council.
A new procedure, called "Alternative Equivalent Compliance" has also been proposed by Clarion and
would allow limited deviations from the strict application of certain development and design
standards where alternative design meets or exceeds the minimum standards. The alternative
equivalent compliance procedure is not intended to allow variance without hardship and will require
attention and discussion by the PZC and Town Council. Another new procedure proposed by Clarion
is Development Plan Review which establishes an administrative procedure for review of basic site
design standards.
2. Sustainability Standards
In response to direction provided during the diagnosis process, Clarion proposed sustainability
standards that would encourage sustainable site design, specific construction practices and
materials. It is a flexible point- system approach that would allow a developer to select from a menu
of sustainable choices for individual projects. ZAC reviewed the regulations and concluded that
most of the standards are building code related and should not be included in the zoning code. PZC
and Council should consider whether the proposed standards adequately address sustainable site
development.
3. Town Center Zoning and Bonus Density Program
Under the new Code provisions, Town Center lots have been assigned by -right density that is
consistent with existing development density in Town Center but below the densities recommended
in Town planning documents. A developer can increase allowable lot density in exchange for
providing a public benefit. The Town Attorney has proposed formulas for calculating specific density
allotments with the intention of creating predictable criteria by which to grant bonus density. Bonus
density would continue to be granted at the discretion of the Council.
Alternatively, the Town could rezone Town Center lots with the higher densities recommended in the
Comprehensive Plan and do with away with the bonus density program altogether. Development
impacts related to affordable housing and transportation would then be mitigated by impact fees or
other exactions assessed against the development. The benefits and consequences of each
approach should be discussed by Council and PZC.
4. Parking in Town Center
The Town's parking requirements may inhibit higher density mixed use projects in Town Center.
The parking requirements could be further reduced for shared or mixed use projects or the Council
could consider a Parking District Overlay District which would allow developers in Town Center to
make cash -in -lieu payments to the Town for the development off -site shared parking facilities.
Public Review Schedule
Adoption of the Land Use Code requires one public hearing conducted by the PZC and two public
hearings by the Town Council. After the second public hearing the Council will consider adoption of
the Code.
The PZC will begin its review of the Code in April and can reasonably be expected to conclude its
review in June, including a public hearing. The Council can begin its review of the Code in July after
receiving advisory comments and recommendations from the PZC.
Recommendation
The public review draft of the Land Development Code is a working draft which will undergo
additional revisions during the public review process as more issues are discovered and additional;
policy direction is provided by the Council and Planning Commission. Although the Subdivision
Regulations are included in the Unified Code, the numbering system for this chapter has not yet
been codified.
Staff recommends that Council and PZC commence review the draft Unified Development Code
pursuant to the proposed review schedule.
Managers Comments: