TC Council Packet 07-27-2010TOWN OF AVON,, COLORADO AVON AVON REGULAR MEETING FOR TUESDAY, JULY 27, 2010
MEETING BEGINS AT 6:30 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY & CITIZEN INPUT
6. CONSENT AGENDA
a. Minutes from July 13, 2010
b. Change Order 001 to the contract with Elam Construction for the 2010 Street Improvements
Project - This change order reconciles changes in material quantities (Shane Pegram, PE
Engineer II)
6. ORDINANCES
a. Public Hearing on Ordinance No. 10 -11, Series of 2010, Second Reading, Ordinance
Amending Chapter 5.12 of the Avon Municipal Code Concerning Booting Regulations (Eric Heil,
Town Attorney) Proposed amendments include requiring parking enforcement companies to accept
payment by credit card and to include a phone # for the property Owner /Manager who authorized vehicle
impoundment
b. Public Hearing on Ordinance No. 10 -12, Series of 2010, Second Reading, Ordinance
Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property
(Eric Heil, Town Attorney) Amending the Municipal code to prohibit medical marijuana business use of
property
c. Public Hearing on Ordinance No. 10 -14, Series of 2010, First Reading, An Ordinance
Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code;
Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2:
Administration and Personnel (Sally Vecchio, Asst Town Manager Community Development, Eric Heil,
Town Attorney) Review proposed Development Code as adopted by the Planning & Zoning Commission
d. Public Hearing on Emergency Ordinance No. 10 -15, Series of 2010, First and Final Reading,
An Emergency Ordinance Amending the Avon Municipal Code by Repealing Sections
17.12.040(b) and 17.28.090 and Enacting Section 17.28.025 (Eric Heil, Town Attorney) Review of
the effect of the existing zoning regulations and the proposed Development Code on pending and
approved applications, and addresses a supplemental recommendation from P &Z Commission
Avon Council Meeting. I 0.07.27.doc
Page 2 of 3
TOWN OF AvON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, JULY 27, 2010
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
7. NEW BUSINESS
a. Agreement with Eagle County for use of Radios and Radio Services (Bob Ticer, Police Chief)
Review of new agreement for use of radios and radio services with Eagle County
b. Public Hearing for Amplified Sound Permits:
1. Applicant Name: David Wieder
Event Name: BecTri Event
Event Date: August 8, 2010
Amplified Sound Times: 7:45 AM until 2 Pm
2. Applicant Name: Frank Osurio
Event Name: American Crown Circus
Event Date: August 13, 14, 15, 2010
Amplified Sound times: Fri. / Sat. 5 pm until 8 pm; Sun. 4 pm until 6 pm
8. TOWN MANAGER REPORT
9. TOWN ATTORNEY REPORT
10. MAYOR REPORT
11. ADJOURNMENT
FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS:
AUGUST 10T ": IGA for Election, URA Meeting for Updated Financial Projections & Main Street, Bond Financing
Updates
AUGUST 27T ": Budget 2011: Review Revenue, Fleet and Transit Programs
Avon Council Meeting.10.07.27.doc
Page 3 of 3
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JULY 13, 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 6 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas Kristi Ferraro, Amy Phillips, Buz Reynolds
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development
Sally Vecchio, Assistant Town Manager Finance Scott Wright, Recreation Director Meryl
Jacobs, Community Relations Officer Jaime Walker as well as members of the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Wolfe suggested the following changes to the agenda:
• Include Staff & Council updates as Unfinished Business since they were not discussed
at the earlier work session
Mayor Pro Tern Sipes noted he would step down during the "Walkable Mountain School'
request for water rights which is listed under New Business.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Comments and questions were heard
on several of the consent items; both engineers Shane Pegram and Jeff Schneider answered
questions about the projects. Mayor Pro Tem Sipes moved to approve the consent agenda;
Councilor Phillips seconded the motion and it passed unanimously:
a. Minutes from June 22, 2010
b. Change Order 002 Nottingham Fishing Pier Construction Contract with Thrasher LLC to
Account for Additional Work (Shane Pegram, Engineer II) Change order accounts for
additional work that was not included in the original contract
c. Resolution 10 -17, A Resolution Approving a Supplemental Agreement revising the Pipeline
Crossing Agreement with Union Pacific Railroad at Mile Post 308.51, Tennessee Pass
Subdivision, for Construction of the Community Heat Recovery Project (Jeff Schneider,
Project Engineer)
d. Change Order 01 Community Heat Recovery Project to GE Johnson Construction Company
contract (Jeff Schneider, Project Engineer) Change Order 1 to the construction contract with
GE Johnson Construction Company for the Avon Community Heat Recovery Project
e. Resolution No. 10 -18, Series of 2010, Resolution Authorizing the Town of Avon to
Participate in the Coordinated Election on November 2, 2010
UNFINISHED BUSINESS
Dave Dantas presented a review of the Harry A. Nottingham Park Pavilion Update. Several
comments were suggested in light of trying to move the project forward as follows:
• $200K of Community Enhancement Funds budgeted for the $300K costs of constructing the
project
• Purpose of pavilion is to add vibrancy to the park, goal to stimulate the local economy, and
answer a number one priority identified in the community survey
• Need to take the project to the citizenry & community, some banks have been contacted, but
the project really needs a coordinated effort
• To complete the project by 2015 when the championships are in Beaver Creek would be
ideal
• Possibly using a naming sponsorship venue in order to raise funds
• Create a new model for how community facilities are built, possibly create a "community
fund" to act as a central funding source for public private partnerships
• Would need to identify how to fund the ongoing maintenance of the new facility
• Support the effort to go out for bid on the construction
• Need to draft a model that would address the financial approach to building the project
• Must be careful in overextending the town's financial means with the construction of projects
In summary, there was council support and direction to obtain bids for the park pavilion
construction at this time, and with a message that the town hopes to complete the project but it
is dependent on fundraising success.
Sally Vecchio, Assistant Town Manager, Community Development, presented the Outdoor
Lighting Ordinance Compliance Update. It was noted that the ordinance was adopted in 2004
and a breakdown of compliance by area of town was provided. Some discussion ensued about
how to reach the property owners about non compliance; Community Development would
continue trying to reach residents about the requirements.
ORDINANCES
Councilor Reynolds left the meeting at this time. Eric Heil, Town Attorney, presented Ordinance
No. 10 -11, Series of 2010, First Reading, Ordinance Amending Chapter 5.12 Of The Avon
Municipal Code Concerning Booting Regulations. He noted that the proposed amendments
included the following:
• require parking enforcement companies to accept payment by credit card
• include a phone # for the property Owner /Manager who authorized vehicle impoundment
Councilor Phillips noted that she did not support the use of credit cards as a form of payment as
it is not a legitimate means of payment and uses a another private party in order to complete the
transaction. Councilor Carroll moved to approve Ordinance No. 10 -11, Series of 2010, First
Reading, Ordinance Amending Chapter 5.12 Of The Avon Municipal Code Concerning Booting
Regulations. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. It was
noted that a public hearing would be held on July 27, 2010.
Eric Heil, Town Attorney, presented Ordinance No. 10 -12, Series of 2010, First Reading,
Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of
Property. He noted that the ordinance Amends the Municipal code to prohibit medical
marijuana business use of property. After some brief discussion, Mayor Pro Tern Sipes moved
to approve Ordinance No. 10 -12, Series of 2010, First Reading, Ordinance Amending the Avon
Municipal Code to Prohibit Medical Marijuana Business Use of Property. Councilor Carroll
seconded the motion and it passed unanimously. It was noted that a public hearing would be
held on July 27, 2010.
NEW BUSINESS
Jenny Strehler, Director PW &T, presented an update on Town wide Compliance with Ordinance
No 10 -06, Series of 2010, Ordinance Enacting Weed Control Regulations. She reviewed the
noxious weed list and noted the properties in violation of the ordinance. Staff would continue to
monitor the situation for compliance and pursue the means allowed for by the ordinance to get
property owners to comply.
Regular Council Meeting Page 2 of 3
10.07.13.doc
Mayor Pro Tern Sipes stepped down at this time due to a conflict of interest. Justin Hildreth,
Town Engineer, presented a request from the "Walking Mountains School" (formerly Gore
Range Natural Science School) for a Diversion of Water from Buck Creek to use town's water
rights for private property ground irrigation. It was suggested that there would need to be some
type of revocable license / lease agreement that would be unique with the school (and not run
with the property) that would outline the program and related costs. The Town Council
supported the request and staff was directed to draft in an agreement a formal arrangement.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, provided an update on the town's appearance before the
Colorado Water Quality Commission at the hearing where input was taking on the extension of
temporary modifications on upper Colorado water quality standards.
EXECUTIVE SESSION
Mayor Pro Tern Sipes moved to convene into an Executive Session at 8:05 PM to discuss the
following matters as outlined on the Executive Session agenda and were not discussed earlier
in the day; Councilor Carroll seconded the motion and it passed unanimously.
b. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6 -
402(4)(b) discussion related to potential acquisition of real estate pursuant to Colorado
Revised Statute §24- 6- 402(4)(a) and for developing a strategy for negotiations and
instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) specifically
related to the U.S. Forest Service Multi Party Land Exchange
c. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6 -
402(4)(b), developing a strategy for negotiations and instructing negotiators pursuant to
Colorado Revised Statute §24- 6- 402(4)(d), and for the discussion of potential transfer of real
property pursuant to Colorado Revised Statute §24- 6- 402(4)(a) specifically related to the
Upper Eagle River Water Authority Avon water treatment plant site
d. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to
pending litigation and settlement discussions regarding Town of Avon v Traer Creek
Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV
316
Councilor Ferraro moved to convene to the Regular Meeting at 9:15 pm; Mayor Pro Tern Sipes
seconded the motion and it passed unanimously. There being no further business to come
before the Council, the regular meeting adjourned at 9:15 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
10.07.13.doc
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev.
From: Justin Hildreth, P.E., Town Engineer
Shane Pegram, P.E., Engineer II
Date: July 20, 2010
Re: Change Order 001 — 2010 Street Improvements
Summary: Elam Construction, Inc. has completed the 2010 Street Improvements Project. Change
Order 001 (Exhibit A) is proposed to account for final adjustments to bid quantities and additional
work that Town of Avon engineering staff directed the contractor to complete on the Town Hall
parking lot and East Benchmark Road. The additional work is for items that were not included in the
bid documents.
Previous Council Action: The construction contract for the 2010 Street Improvements was
awarded to Elam Construction, Inc. on April 27, 2010.
Discussion: The 2010 Street Improvements contract with Elam Construction, Inc. is comprised of
two distinct scopes:
1. Asphalt milling, asiphalt overlay, sidewalk and sidewalk ramp replacement in the Town Hall
West and Police parking lot.
2. Sidewalk, curb and gutter, and crosswalk repair on East Benchmark.
Change Order 001, items 1 thru 12, reconciles the as -built quantities with bid quantities.
Delivery/Batch tickets and field measured as -built conditions were used to calculate final
adjustments to original bid quantities. As -Built quantities were verified by Town of Avon engineering
staff.
Change Order 001, items 13 thru 17, lists additional work that was not included in the original
contract. This work includes repair of asphalt cracks and a rip rap drainage channel, and additional
detail milling around garage doors at the Town Hall parking lot. Geogrid stabilization and repair of a
sidewalk chase on East Benchmark Road is also included.
Financial Implications: The contract with Elam Construction, Inc. is funded via the Capital
Improvement Program's 2010 Street Improvement budget, for which $200,000 is appropriated.
The project budget is shown in Table 1 below:
Table 1: Project Budget
Line Item
Original Budget
Proposed Budget
Elam Construction Contract
$126,606
$126,606
Change Order 001
- - --
$ 7,454
Contract Administration
$ 20,000
$ 20,000
Contingencies
$ 53,394
$ 45,940
Total
$ 200,000
$ 200,000
July 20, 2010
Change Order 001 — 2010 Street Improvements
Recommendation: Approve Change Order 001 for a $7,453.77 increase to the 2010 Street
Improvement contract with Elam Construction, Inc.
Town Manager Comments:
NOTES:
Exhibit A — Change Order 001
• Page 2
EXHIBIT A
CHANGE ORDER
Order No.: 001
Date: July 20 2010
Agreement Date: _May 3, 2009
NAME OF PROJECT: 2010 Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Item
Item Description
Bid
uanti
Change
Order
Unit
Unit
Price
CO
Amount
001
Bid Quantity Adjustment
Section I - Town Hall West Parking and
Police Parking
1.
2.1 Sawcut Existing Asphalt
200
113
LF
1.25
141.25
2.
2.3 Full Depth Asphalt Removal
2,000
(41)
SF
1.00
(41.00)
3.
2.4 12" Excavation
75
(75)
CY
21.00
(1575.00)
4.
3.1 Asphaltic Concrete 2" Overlay
385
(22.33)
TON
87.00
(1942.71)
5.
3.2 12" Class 6 Rd Base
75
(75)
CY
68.00
(5,100.00)
6.
3.3 4" Full Depth Asphalt
50
37.65
TON
96.50
3,633.23
7.
4.2 Class 6 Roadbase Bedding Material
6
8.47
CY
60.00
508.20
Section II - East Benchmark
Crosswalks
8.
2.1 18" Excavation
75
29.4
CY
28.00
823.20
9.
2.3 Remove Existing Concrete
750
528
SF
2.00
1056.00
10.
3.1 18" Class 6 Roadbase
75
29.4
CY
55.00
1,617.00
11.
3.2 Full Depth Asphalt
36
38.26
TON
110.00
4,208.60
12.
3.6 3" of Ashpalt placed in crosswalk
4.5
(28)
TON
225.00
(1012.5)
Quantity Adjustment Subtotal
2,316.27
CO -1
Item
Item Description
Bid
Ouantity
Change
Order
Unit
Unit
Price
CO
Amount
001
Additional Work
Section I — Town Hall West Parking and
Police Parking
13.
Repair Rip Rap Channel
3
HR
202.50
607.50
14.
Detail Milling at Garage Door
5
HR
310.00
1550.00
15.
Petrotac Fabric
200
LF
5.00
1000.00
Section II — East Benchmark
Crosswalks
16.
Geogrid Stabilization Fabric
140
SY
12.00
1680.00
17.
Sidewalk Chase Drain Repair
1
LS
300.00
300.00
Additional Work Subtotal
5,137.50
Total
$7,453.77
Justification:
Change Order 001, items 1 thru 12, reconciles the as -built quantities with bid quantities.
Delivery/Batch tickets and field measured as -built conditions were used to calculate final
adjustments to original bid quantities. As -Built quantities were verified by Town of Avon
engineering staff.
Change Order 001, items 13 thru 17, lists additional work that was not included in the original
contract. This work includes repair of asphalt cracks and a rip rap drainage channel, and additional
detail milling around garage doors at the Town Hall parking lot. Geogrid stabilization and repair of a
sidewalk chase on East Benchmark Road is also included.
Change to CONTRACT PRICE: $7,453.77
Original CONTRACT PRICE: $126,605.50
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A
The CONTRACT PRICE due to this CHANGE ORDER will be decreased by: $7,453.77
The new CONTRACT PRICE including this CHANGE ORDER will be $134,059.27
Change to CONTRACT TIME: N/A
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
CO -2
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 22, 2010
SUBJECT: Second Reading of Ordinance No. 10 -11 Amending Booting
Regulations
Summary: Ordinance No. 10 -11 amends Chapter 5.12 Vehicle Impoundment to
incorporate direction by the Town Council concerning vehicle booting practices.
Background: Town Council held a public hearing on June 8, 2010 concerning a one
year review of the booting regulations. Town Council passed first reading of Ordinance
No. 10 -11 on July 13, 2010. A public hearing must be held on second reading pursuant
to the Avon Home Rule Charter.
Amendments: The proposed amendments in Ordinance No. 10 -11 include: (1) a
amendment to require parking enforcement companies to accept payment by credit
card; and (2) a requirement to include the telephone number of the property owner or
property manager who authorized vehicle impoundment on the notice that is placed on
the booted vehicle. The language of each amendment is set forth as follows:
First amendment: 5.12.080(4)e. The parking enforcement company shall accept
Payment by credit card of the boot removal fee in addition to accepting payment in cash
or by other means. The parking enforcement company shall obtain, carry and maintain
in working order such portable credit card payment equipment as may be necessary to
accept payment by credit card at the location of the placement and removal of a boot.
Second Amendment: 1) Provide a notice affixed to the vehicle in a conspicuous and
obvious manner containing the name, address, telephone number, and license number
of the parking enforcement company that placed the boot on the vehicle, the amount of
the boot removal fee, the right to have the boot removed within ninety (90) minutes of
contacting the parking enforcement company, the name and telephone number of the
property owner or manager authorizing the boot, the signature of the parking
enforcement company operator or designee, and a description of the right to request a
post- seizure hearing under this Chapter 5.12
Proposed Motion: "I move to approve second and final reading of Ordinance No. 10-
11 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE
CONCERNING BOOTING REGULATIONS"
Thanks, Eric
Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @avon.org
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -11
SERIES OF 2010
AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE
CONCERNING BOOTING REGULATIONS
WHEREAS, the Avon Town Council adopted Ordinance No. 09 -10 which enacted
regulations concerning booting of vehicles on private property and the Town of Avon recently
reviewed various aspects of existing booting regulations to determine if amendments would
improve the effectiveness of booting regulations; and
WHEREAS, the use of booting by private parking enforcement companies is not currently
regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the
State of Colorado has issued an advisory opinion that booting of a vehicle by a private party
without the consent of the vehicle owner constitutes Second Degree Criminal Tampering
pursuant to C.R.S. §18 -4 -506 and criminal motor vehicle tampering pursuant to C.R.S. §42 -5 -03;
and
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon (the "Town "), the Town Council has the power to adopt ordinances
for promotion and preservation of public health, safety, and welfare, including the authority to
regulate parking enforcement companies that immobilize and boot motor vehicles without the
consent of the owner of the motor vehicle within the municipal limits of the Town; and
WHEREAS, the Town Council finds that amendment of regulations that license and permit
parking enforcement companies and permit the limited use of immobilization and booting of
motor vehicles will enhance the ability of private property owners to enforce parking regulations
on their property, which will thereby improve the function of private parking areas and
compliance with parking requirements for developed properties as approved and regulated by the
Town under the Town's land use regulations, and therefore the Town Council finds that passage
of this Ordinance will promote and preserve the health, safety and welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are incorporated
herein by reference and adopted as findings and determinations of the Town Council.
SECTION 2. SECTION 5.12.080 AMENDED. The Avon Municipal Code, Section
5.12.080 Rules and Regulations, subsection (4) is hereby amended to enact the following
additional language:
"5.12.080(4)e. The parking enforcement company shall accept payment by credit card of
the boot removal fee in addition to accepting payment in cash or by other means. The
parking enforcement company shall obtain, carry and maintain in working order such
portable credit card payment equipment as may be necessary to accept payment by credit
card at the location of the placement and removal of a boot."
SECTION 3. SECTION 5.12.110 AMENDED. The Avon Municipal Code, Section
5.12.110 Written notice of tow /immobilization rates and hours. sub - section (b)(1) is hereby
amended by repealing 5.12.110(b)(1) in its entirety and reenacting it to read as follows:
"(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner
containing the name, address, telephone number, and license number of the
parking enforcement company that placed the boot on the vehicle, the amount of
the boot removal fee, the right to have the boot removed within ninety (90)
minutes of contacting the parking enforcement company, the name and telephone
number of the property owner or manager authorizing the boot, the signature of
the parking enforcement company operator or designee, and a description of the
right to request a post- seizure hearing under this Chapter 5.12;"
SECTION 4. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance, such corrections
may include spelling, reference, citation, enumeration, and grammatical errors.
SECTION 5. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Page 2 of 4
Amendments to Booting Regulations 7 -7 -10
SECTION 7. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 8. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be
construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability
or right or affect any audit, suit or proceeding pending in any court, or any rights acquired, or
liability incurred, or any cause or causes of action acquired or existing which may have been
incurred or obtained under any ordinance or provision hereby repealed or amended by this
Ordinance. Any such ordinance or provision thereof so amended, repealed or superseded by this
Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and
all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty,
liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of
sustaining any judgment, decree or order which can or may be rendered, entered or made in such
actions, suits or proceedings, or prosecutions imposing, inflicting or declaring such penalty or
liability or enforcing such right, and shall be treated and held as remaining in force for the
purpose of sustaining any and all proceedings, actions, hearings and appeals pending before any
court or administrative tribunal.
SECTION 9. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[remainder of page intentional left blank — signature page follows]
Page 3 of 4
Amendments to Booting Regulations 7 -7 -10
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on
the 27th day of July, 2010, at the Council Chambers of the Avon Municipal Building, located at
400 Benchmark Road, Avon, Colorado, on the 13th day of July, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
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 27th day of July, 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
Amendments to Booting Regulations 7 -7 -10
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 6, 2010
SUBJECT: Ordinance No. 10 -12 Prohibiting Medical Marijuana
Summary: Ordinance No. 10 -12 amends the Avon Municipal Code to (1) prohibit
business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a
Medical Marijuana Business, and (3) de- criminalize the possession of medical
marijuana by medical marijuana patients. Town Council passed the first reading of
Ordinance No. 10 -12 on July 13, 2010. The ordinance was referred to the Planning and
Zoning Commission as required for amendments to text of the zoning code. The
Planning and Zoning Commission conducted a public hearing and adopted a
recommendation, which is discussed below.
Background: Town Council enacted a 200 day moratorium on issuing any permits or
licenses for medical marijuana dispensaries by the passage of Ordinance No. 10 -01.
The moratorium imposed by Ordinance No. 10 -01 expires on August 8, 2010. The
Colorado Medical Marijuana Code was adopted in the last legislative session and
became effective on July 1, 2010. The Colorado Medical Marijuana Code imposes a
moratorium by the state on issuing licenses for Medical Marijuana Centers and Medical
Marijuana- Infused Products Manufacturers until July 1, 2011.
The Town Council previously provided direction to prepare an ordinance prohibiting
medical marijuana businesses in the Town of Avon in response to the adoption of the
Colorado Medical Marijuana Code. The Colorado Medical Marijuana Code includes a
"local option" provision whereby a majority of the local governing body may vote to
prohibit medical marijuana businesses.
Legal Analysis: This ordinance defines Medical Marijuana Business broadly to
encompass the definitions of "Medical Marijuana Center," "Medical Marijuana Infused
Products Manufacturer," and "Optional Premises" as defined in the Colorado Medical
Marijuana Code as well as include any use of property for cultivation, manufacture,
storage, distribution, acquisition or sale of marijuana, whether for profit or not - for - profit.
Ordinance No. 10 -12 prohibits the issuance of a business licenses for medical
marijuana related business and prohibits the use of land for a medical marijuana related
business. Amendments to Chapter 9.16 provide that compliance with state licensing
requirements is an affirmative defense for possession and use of medical marijuana by
medical marijuana patients. This ordinance must be referred to the Planning and
Zoning Commission because the ordinance proposes to amend the text of Title 17
Zoning of the Avon Municipal Code.
Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel, 303.975.6120
Denver, CO 80202 eheil@avon.org
Town Council
RE: Ordinance No. 10 -12 Prohibiting Medical Marijuana Businesses
July 22, 2010
Page 2 of 2
The exemption in 9.16 for Offenses against Public Peace is expanded to include the
"primary care - giver" as well as "medical marijuana patient" to reflect the language in the
Colorado Constitution.
Colorado Constitution Article XVIII, §14.
(4) (a) A patient may engage in the medical use of marijuana, with no more marijuana
than is medically necessary to address a debilitating medical condition. A patient's
medical use of marijuana, within the following limits, is lawful:
(I) No more than two ounces of a usable form of marijuana; and
(II) No more than six marijuana plants, with three or fewer being mature, flowering
plants that are producing a usable form of marijuana.
(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary
care -giver may raise as an affirmative defense to charges of violation of state law that
such greater amounts were medically necessary to address the patient's debilitating
medical condition.
(5) (a) No patient shall:
(I) Engage in the medical use of marijuana in a way that endangers the health or well-
being of any person; or
(II) Engage in the medical use of marijuana in plain view of, or in a place open to, the
general public.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission conducted a public hearing with regard to the text amendments to the
zoning code. One public comment was received, which the draft minutes stated as
follows:
"Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is
misinformation being provided from the Town Staff. He stated that if the PZC
feels that Medical Marijuana is appropriate in Town then the PZC has the
opportunity to make that know at this time."
The Planning and Zoning Commission took action to provide the following
recommendation: "The Planning and Zoning Commission takes no position with regard
to the Town Council Ordinance 10 -12, series of 2010, noting that Sections 5, 6, and 7
provide manageable language related to Title 17."
Proposed Motion: "I move to approve second and final reading of Ordinance No. 10-
12 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT
MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND PERMIT MEDICAL
MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS
Thanks, Eric
TOWN OF AVON, COLORADO
ORDINANCE 10 -12
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE
TO PROHIBIT BUSINESS USE OF PROPERTY AND PERMIT MEDICAL
MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Colorado Revised Statute §12- 43.3 -106 provides that the majority of the
members of a governing board for a municipality may vote to prohibit the operation of medical
marijuana centers, optional premises cultivation operations, and medical marijuana - infused
products manufactures' licenses; and
WHEREAS, the Town Council finds that the regulation of land use is a matter of local
concern; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on July 20, 2010, after posting notice of such hearing in accordance with the
requirements of the Avon Municipal Code, and considered all comments provided before taking
action to make a recommendation to the Town Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, the majority of the members of the Avon Town Council have voted to approve
this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Ord 2010 -12 Medical Marijuana Business
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7 -22 -10
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 5.04 Business Registration. Section 5.04.025 Lawful
Business — Denial — Revocation - Appeal of the Avon Municipal Code is hereby enacted to
read as follows:
"5.04.025 Lawful Business — Denial — Revocation - Appeal.
The Town Clerk shall reject any business registration, reject a business
registration annual update or revoke a business registration if the business or use
of the property which the business occupies is not in compliance with all
applicable laws, including local, state and federal laws. The business owner
( "Appellant ") may appeal the decision of the Town Clerk to the Town Council.
The Appellant shall file a written appeal with the Town Clerk within thirty (30)
days after the date of transmittal of a written decision of the Town Clerk, or
designee, to deny or revoke a business registration. The failure to file a written
appeal within thirty (30) days after the date of transmittal of the Town Clerk's
decision shall bar any further consideration of the application, shall bar any
appeal to the Town Council, and shall bar any judicial review by a Colorado
court. The written appeal shall state the reasons for the appeal. An appeal which
is filed timely shall be considered and acted upon by the Town Council within
forty -five (45) days after the date of receipt. The Town shall provide at least three
(3) days prior notice to the Appellant stating the date, time and location where the
Town Council will consider the appeal. The decision of the Town Council shall
be in writing."
Section 3. Amendment to Chapter 5.04 Business Registration. Section 5.04.045 Medical
Marijuana Business Prohibited of the Avon Municipal Code is hereby enacted to read as
follows:
"5.04.045 Medical Marijuana Business Prohibited.
Medical Marijuana Business, as defined in Section 17.08.517 of this Code and
as may be amended or re- codified, is prohibited and unlawful in the Town of
Avon."
Section 4. Amendment to Chapter 9.16 Offenses Against Public Peace. Section 9.16.070 of
Chapter 9.16 Offenses Against Public Peace. of the Avon Municipal Code is amended by
repealing and re- enacting Section 9.16.070 in its entirety to read as follows:
"It is unlawful for any person to possess, use or attempt to obtain or procure
cannabis. Notwithstanding the foregoing, it shall not be unlawful and it shall be
an affirmative defense to criminal prosecution under this section for a medical
marijuana patient or primary care - giver, as defined in section 14 of article XVIII
of the state constitution, to possess, use, and obtain medical marijuana, when such
Ord 2010 -12 Medical Marijuana Business
Page 2 of 5
7 -22 -10
medical marijuana patient or primary care-give is fully and currently compliant
with all applicable state laws, regulations, and licensing requirements concerning
medical marijuana,ie*ts provided that such possession or use is not displayed
publicly or in a manner which can be seen by the general public, that sue use
does not occur on property owned or possessed by the Town, and_ that sueh use
does not occur upon property without permission of the property owner."
Section 5. Amendment to Chanter 17.08 Definitions. Chapter 17.08 Definitions of the Avon
Municipal Code is amended by enacting the following language:
"17.08.517 Medical Marijuana Business. Medical MarUuana Business means
the use of a property, or portion thereof, for the cultivation, manufacture, storage,
distribution, acquisition or sale of marijuana, including the use of property for
Medical Marijuana Centers, manufacturing of Medical Marijuana - Infused
Products, or Optional Premises, as such terms are defined by Colorado Revised
Statute §12- 43.3 -104, as may be amended, regardless of whether any such use
described herein is for profit or not for profit."
Section 6. Amendment to Chanter 17.12 Administrative Provisions. Section 17.12.050
Interpretation — conflict with other laws. of the Avon Municipal Code is amended by enacting
the following language:
"(d) Any use of property which violates local, state or federal law is prohibited."
Section 7. Amendment to Chapter 17.16 Zone Districts and Official Mans. Chapter 17.16
Zone Districts and Official Map. of the Avon Municipal Code is amended by enacting the
following language:
"17.16.025 Medical Marijuana Business Prohibited.
Medical Marijuana Business is a prohibited use in all zone districts."
Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 9. 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
Ord 2010 -12 Medical Marijuana Business
Page 3 of 5
7 -22 -10
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 10. 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 11. 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 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 13. 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]
Ord 2010 -12 Medical Marijuana Business
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7 -22 -10
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 13, 2010
at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado, on July 27, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
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 July 27, 2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 2010 -12 Medical Marijuana Business
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7 -22 -10
Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Asst. Town Manager — Community Development
Date: July 23, 2010
Re: Public Hearing to Consider Ordinance 10 -14 Amending the Avon Municipal
Code by Enacting Title 7: The Avon Development Code, Repealing Title 16:
Subdivisions, Repealing Title 17: Zoning, and Repealing Portions of Title 2:
Administration and Personnel.
Summary
This is the first reading by the Avon Town Council of Ordinance 10 -14, enacted the Avon
Development Code and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related
sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8
(Health and Safety) of the Avon Municipal Code. Ordinance 10 -14 is attached as Exhibit G.
On July 6, 2010 the Planning and Zoning Commission (PZC) approved Resolution 10 -03
(Exhibit A) recommending adoption of the Avon Development Code with conditions. At its July
20th meeting, the PZC approved a motion requesting that Town Council consider an emergency
ordinance repealing Sec 17.28.090 AMC, Temporary Suspension of Building Permits.
The proposed Avon Development Code, with the changes recommended by the PZC on July 6,
2010, is attached as Exhibit B. A chapter -by- chapter summary of the proposed revisions in the
new Code is attached as Exhibit C. The minutes of the July 6 and July 20, 2010 PZC
meetings are attached as Exhibit D. Written public comments received by the Community
Development before 5:00 pm on July 22, 2010 are attached as Exhibit E. Written comments
received after this time will be provided to Council at the meeting.
This memorandum will address the proposed Avon Development Code. The issues related to
the PZC motion requesting Council repeal of Sec 17.28.090 AMC has been addressed by the
Town Attorney in a separate memorandum to Council and will be discussed as a separate
matter.
Background
The Avon Development Code is the result of a nearly 2 year public process that began in
August, 2008 when the Town retained the services of Clarion and Associates, a Denver -based
planning consultant firm, to prepare a unified land use code that integrated the town's
subdivision regulations and procedures with the zoning regulations and procedures.
Following the project's inception, the Council appointed a community -based Zoning Advisory
Committee (ZAC) to guide and oversee the project. The 15- member committee represented a
diverse group of volunteers drawn from the development and construction industries, various
business sectors, and the town's political leadership.
The process of drafting the Avon Development Code included four phases:
Phase 1: Project Analysis
The project kicked off in September 2008 with a series of interviews and meetings with
key stakeholders, Town staff, Town Council and PZC members, to identify the key
issues with the current regulations that the new code should address.
Phase 2: Diagnosis
Based on the issues identified during the Phase 1 analysis, the Clarion team completed
a diagnosis and assessment of the current regulations (Diagnosis and Annotated
Outline, Jan 2009). The Diagnosis provided a general overview of the strengths,
weaknesses and challenges in the current zoning and subdivision regulations and
recommended actions for creating a new unified land development code.
Eight key "themes" or major issues emerged from the first two phases of the project:
1. Improve Formatting & Organization
2. Improve Content & Timing of Submissions
3. Identify Baseline Development Standards
4. Address Sustainability of the Built Environment
5. Improve the Public Benefits Process
6. Modernize the PUD Process
7. Create Appropriate Zone District Regulations
8. Enhance the Usability of Subdivision Regulations
Phase 3: Drafting
The Clarion team prepared an initial draft of the new Code based on the
recommendations and goals identified in Phase 2. The ZAC reviewed early drafts of the
new Code in 2009 and during the first three months of 2010. Clarion completed its work
on the first draft of the new Code in March, 2010 which was followed by eight work
sessions with the Town Council and PZC for final policy direction in April and May. The
public hearing draft of the Avon Development Code was published on May 28, 2010.
Council received a copy of that document at its June 8, 2010 meeting.
Phase 4: Public Review
The PZC completed its review of the proposed Code on July 6, 2010 and made a
recommendation to the Town Council to adopt the proposed Code with conditions. The
final draft of the Code, as recommended by the PZC has been prepared for Council
consideration. The Town Council will consider the recommendation from the PZC along
with public comments before considering adoption of the Code.
Key Objectives of the Code Revisions
Through a series of research efforts and interviews with stakeholders during the initial diagnosis
phase of this project, the revisions to the zoning and subdivision regulations focused on three
key objectives:
1. To raise the standards for development as directed in the Avon Comprehensive Plan.
2. To introduce more efficiency, predictability, and transparency into the development
review process, and
3. To update, modernize and improve the usability of the regulations.
The proposed Avon Development Code has addressed those objectives as follows:
V
Raises the standards for development as directed in the Avon Comprehensive Plan. The
Avon Comprehensive Plan has established a clear long -term vision and policies to guide future
growth and create community quality in the town. The Plan also includes a range of regulatory
changes that are needed to realize Avon's vision. Notable among these are the inclusion of a
floor area ratio (FAR) measurement to break up building bulk in the Town Center, and a wider
range and mix of uses throughout the town. In addition, the Plan identifies a range of topics and
issues that are not addressed in the current regulations including sustai nab i lity-related concerns
such as erosion control, water quality and energy efficiency.
• The proposed Code includes baseline development standards (Chapter 7.28) that
elaborate on the concepts and requirements established in the Comprehensive Plan and
other Town policy documents including:
a. Land uses interconnected with pedestrian, bike and automobile circulation links
(Mobility /Connectivity Sec. 7.28.040).
b. Development that protects and accommodates natural resources, including
floodplains, steep slopes, streams, wetlands, water quality, and geologic hazard
areas (Natural Resources, Sec. 7.28.100).
c. Architectural design, materials, and colors compatible with the town's physical
setting and natural and existing landforms (Design Standards, Sec. 7.28.060).
d. A Floor Area Ratio (FAR) measurement for commercial zone districts (Sec.
7.20.070 -080), and a bonus development provision that is permitted in all
commercial districts and replaces the public benefit requirement in the existing PUD
process( Bonus Development, Sec. 7.20.100).
e. An Alternative Compliance Provision that allows an applicant the flexibility to modify
certain development standards in order to accommodate individuality, creativity, and
artistic expression in development and architecture (Alternative Equivalent
Compliance, Sec. 7.16.120).
f. A number of new regulations have also been added to the Code, which promote
sustainable development standards. Table 1 provides a summary of the sustainable
aspects of the new Code.
Introduces more efficiency, predictability, and transparency into the development review
process. A prevalent concern with the current code is the inadequate requirements of the
application process. The current provisions do not provide adequate guidance on the timing and
content of required submittals, nor direction for how such materials will be evaluated. In the
past, developers have been reluctant to pay for additional studies and reports early in the
process before the Council has given its indication of support. On the other hand, town staff
has been frustrated with its inability to require information in a consistent format that can be
easily evaluated for recommendations to PZC and Council. The consequences of this tension
have been delayed or insufficient submittals and diminished quality of the town review.
The Development Review Procedures (Chapter 7.16) consolidates all of the regulations
related to all of the procedures for development and subdivision applications. This
Chapter clarifies the roles of the review and decision - making bodies; describes the
review procedures for all development applications in a series of sequential steps, and
includes specific review criteria for each type of application. New provisions in this
Chapter also include:
a. A pre - application requirement for all applications, to provide early guidance for
applicants.
b. Minimum submittal requirements for applications , and
c. The timing and content of required reports, such as traffic studies and storm
drainage.
Updates, modernizes and improves the usability of the regulations. The town's basic zone
districts have not been updated over time and do not provide a comprehensive overall system
for guiding preferred development patterns and incorporating design- oriented regulations where
appropriate. In addition, the usability of the current code has been hampered by its
organization and format. Basic regulations pertaining to issues such as parking, landscape,
signs and accessory uses are scattered across multiple sections or chapters of the current
code. In addition, many terms and definitions are outdated, contradictory or redundant.
The new Development Standards (Chapter 7.28) incorporate design- oriented
regulations that are intended to create a unified and cohesive physical framework and
community image in the Town with compatible building orientation, scale, mass, siting,
and street alignments. The new standards guide preferred development patterns by
requiring sensitive to the building form (Design Standards, Sec 7.28.060), its location
and relationship to the street and other buildings (Design Standards Sec 7.28.060), the
location of parking (Parking, Sec. 7.28.020) and convenient pedestrian access (Mobility
and Connectivity, Sec. 7.28.040).
• The Engineering Improvement Standards have replaced the subdivision standards in the
existing Code and are designed to work with the zoning regulations to create a
comprehensive land development review process. The new subdivision regulations
include:
a. updated street design requirements
b. subdivision layout requirements
c. standards for dedication of parks and open space
d. specifications for storm water management practices
e. integration of the natural environment and requirements for utilities and public
facilities.
• The new Code improves on the organization of the current code by consolidating and
integrating the subdivision regulations and procedures with the zoning regulations and
procedures. For example, all development procedures are found in Chapter 7.16, all
parking standards are found in Sec. 7.28.020 and all definitions are found in Chapter
7.08.
PZC Review and Recommendation to Town Council
PZC reviewed the draft Code at its meetings on June 15 and July 6, 2010, and after considering
written and public testimony, approved Res. 10-03 recommending to the Town Council to adopt
the new Code with the following recommendations:
1. Include a diagram to illustrate the building height requirement in the Design Standards. The
height measurement should also include any retaining walls that are part of the base
foundation of a structure.
9
Staff Response: A diagram illustrating the 45 ft building height requirement has been
added to Design Standards for Wildridge Single Family and Duplex Unit (Sec.7.28.060).
A statement has also been included in the design standards requiring foundation - related
retain walls to be included in the 45 ft height measurement. The maximum height of
retaining walls is also addressed in Sec 7.28.050(c).
2. The PZC believes there is a public benefit related to limiting the maximum length of a duplex
structure's street elevation in Wildridge.
Staff Response: After researching a sample of duplex structures constructed in
Wildridge over the past 10 years, the following finding were made:
a. Duplex units' are almost always oriented in a side -by -side fashion along the
street in order to maximize views and reduce the need to step the building
foundation with the slope of the lot.
b. Front elevations range from approximately 80' to 165' in length.
c. The Planning Commission and Council have generally responded negatively
to duplex structures that exceeded 125' in length.
Limiting the overall length of a duplex structure to 125 ft will help minimize the
massiveness of buildings located on prominent ridgelines and along the street fronts.
Lots will have to be contour graded and buildings will have to more closely follow the
grade of the lot, which is the preferred approach for developing on steep slopes. A new
standard has been added to Sec. 7.28.090(e) Single- family and Duplex Standards for
the Wildridge Subdivision, limiting the length of any elevation of a duplex structure to 125
ft.
3. Revised the parking requirement for outdoor seating areas to exempt the first 25% of the
seating area from the parking requirements.
Staff Response: Table 7.28 -2 Parking Requirements has been revised for Food and
Beverage Services to exempt the first 25% of the outdoor seating area from the parking
requirements.
4. Revise the parking requirement for group homes to ensure sufficient employee and guest
parking.
Staff Response: Table 7.28 -2 parking requirement for Group Homes has been revised
to require one parking space per four beds, plus one parking space per employee.
5. Replace the terms: "solar arrays" and "solar collection systems" with: "ground- mounted solar
devices" and "building- mounted solar devices ".
Staff Response: Alternative Energy Standards (Sec 7.28.100(g)) have been added to
the new Code to establish standards for alternative energy generating systems so that
they may be allowed if found to be compatible in appropriate locations in the Town. The
regulations define a Solar Collection System as being a roof - mounted or wall- mounted
system, and a Solar Array as free - standing, ground- mounted solar collection system.
PZC did not believe that Solar Array and Solar Collection System as defined in the Code
was helpful to understanding the differences between the systems, and therefore
recommended that the terms be replaced with "Ground Mounted Solar Devises" and
"Building Mounted Solar Devises."
S
6. Under the definition of Caretaker Unit change the term "cooking facilities" to "kitchen
facilities ".
Staff Response: A Caretaker Unit is ancillary and attached to the primary dwelling unit
as an apartment which may or may not have full cooking facilities in the unit. The term
"kitchen facilities" replaced "cooking facilities" for continuity with other sections of the
Code.
7. Remove landscape points for lawn grass and add points for xeriscaping. Table 7.28 -7,
Landscape Units Awarded.
Staff Response: PZC felt that awarding landscape points for lawn grass was
inconsistent with the Town's goal of promoting sustainable development, and
recommended that the points be awarded for xeriscaping instead. Table 7.28 -7 has
been revised accordingly.
8. Clarify that the purpose of requiring parking lot landscape strips is to help separate
pedestrian and vehicle traffic in parking lots. Sec 7.28.050(A)(iv)(D)(2).
Staff Response: Landscaping strips in parking lots are used to help reduce the solar
impact from the asphalt, create areas for storm water drainage, and provide safe,
walkways for pedestrians. An intent statement has been added to this regulation.
9. Add a cross reference to the Mobility and Connectivity regulations (Sec. 7.28.040) in the
Town Center District Parking Lot Landscaping Regulations Sec 7.28.050(A)(iv)(F).
Staff Response: The need to cross reference the mobility /connectivity regulations in
this section is unnecessary. Both regulations are a part of the Development Standards
found in Chapter 7.28. All new construction is required to comply with all of the
Developments Standards.
10. Add a requirement that straw bale (or equivalent) be installed inside the protective fencing
required around the drip line of each tree or tree group during construction.
Staff Response: The requirement has been added to Sec. 7.28.050(a)(4)(i)(D)(3)(I),
Protective Fencing During Construction.
11. Establish a maximum timeframe for temporary irrigation (Sec. 7.28.050(a)(4)(iv)(E)).
Staff Response: The following timeframe has been included for temporary irrigation:
one (1) year for ground cover, two (2) years for shrubs, or three (3) years for trees.
12. Include architectural features as appropriate methods of screening (Sec. 7.28.050(b)).
Staff Response: Screening requirements have been added to the Code to ensure that
certain site features are screened from public view or adjacent properties. Architectural
features such as a roof parapet can be used to screen site features, provided they meet
the standards of the subsection. This section has been revised to include architectural
features as a permissible screening method.
13. Strike the "reserved" section for Green Building techniques in the Bonus Development
Regulations (Sec 7.20.100(d)(3)).
Staff Response: The bonus development regulations originally included development
and density awards for green building techniques. During the April and May work
sessions with the Council and PZC, it was determined by both bodies that green building
10
techniques may want to be incorporated as requirements and not as options for
development bonus; and the subject should be reviewed as a separate matter after the
Green Building Energy Code is ready for public review. This section has been removed.
14. Does the Wildridge PUD limit the height of wind energy systems in the subdivision?
Staff Response: According to the Wildridge PUD development regulations no structure
located on any other lot shall exceed three stories or thirty -five feet in height measured
from the natural grade at the midpoint of the structure. Because the height limitation
includes all structures, a wind energy devise would also be limited to this height
restriction.
15. Include the Capital Improvement Program (CIP) in Development Bonus Enhancements Sec
7.20.100(d)(1)(iii)).
Staff Response: This provision of the Development Bonus Requirements sets the
criteria for evaluating public benefits related to development bonuses. The PZC wanted
to include the CIP in the list of policy documents that would be used to determine the
appropriateness of a proposed public benefit. This section has been revised
accordingly.
Remaining Code Modifications
1. It was brought to the attention of the staff by the certain Council members at the July 13,
meeting, that the Code section concerning steep slopes (Sec 7.28.100(a)(2)) did not include an
Applicability section concerning lots platted prior to adoption of the new Code.
The Code had always contemplated that certain administrative modifications or waivers of the
steep slope and access driveway provisions would be available to lots platted prior to the
effective date of the new Code.
The following Applicability language is therefore recommended for Sec 7.28.100 Applicability [re
Access Driver Requirements] and 7.28.030(b) Applicability [re Steep Slopes]. The decision of
the Director could then be appealed to per Section 7.16.160.
"The provisions of this section are applicable to all development. The Director may
modify or waive the provisions in this section for lots which were platted prior to the
Effective Date of this Code where strict compliance with the provisions in this section is
not practical or feasible considering the physical characteristics of the lot. When
modifying or waiving any provision in this section, the Director may require avoidance or
mitigation to minimize the risk of property damage or injury to the lot, improvements on
the lot, and adjacent or nearby affected properties, public facilities and infrastructure:
2. While the proposed Avon Development Code stands as a complete package for the Town
Council's consideration, there are additional revisions that staff expects to recommend for the
purposes of clarifying certain provision, prior to the Council's consideration of the Code for final
adoption. These revisions will be prepared as a compendium to the draft Code and presented at
the next Council meeting.
Recommended Action:
For the reasons described in this memorandum, Staff believes that the Code has adequately
addressed the objectives of the Code revision project and has provided sufficient opportunity for
public review and comment.
Staff therefore recommends that Council approve Ordinance 10 -14 on its first reading.
Town Manager Comments:
List of Exhibits
A — PZC Resolution 10 -03
B — Avon Development Code, as Recommended by PZC
C — Chapter by Chapter summary of Avon Development Code
D — July 6th, 2010 & July 20th, 2010 PZC Meeting Minutes
E — Written Public Comments received before 5pm on July 22 "d, 2010
F — Memorandum from Eric Heil, dated July 22 "d, 2010
G — Ordinance 10 -14, Amending AMC by Enacting Title 7: Avon Development
Code
N
Exhibit A
TOWN OF AVON
PLANNING & ZONING COMIVIISSION
RESOLUTION NO. 10-03
A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE,
REPEALING AND RE- ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17:
ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL,
AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review,
make recommendations, and guide and accomplish a coordinated, adjusted and harmonious
development of the municipality and its environs, and
WHEREAS, the Town's zoning code and subdivision regulations have not been
comprehensively amended or revised since they were first adopted by the Town in 1979; and
WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision
regulations are long standing and evidenced by the recommendations of the 2006 Avon
Comprehensive Plan and other planning documents; and
WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of
community representatives, including home builders, developers, planners, architects, and
elected and appointed officials; and
WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning
consultants, and town staff conducted a through analysis of the current code, including
interviews with citizens and users of the code; and developed a strategic plan for revising the
regulations; and
WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight
public workshops in April, May and June 2010 to review the initial draft of the Code; and
WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and
July 6, 2010, pursuant to notices required by law; and
WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of
the Avon Municipal Code regarding amendments to its zoning regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the
Town of Avon, Colorado, hereby recommends approval of the Avon Development Code,
attached hereto as "Exhibit A ", citing the following findings:
1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan,
The West Town Center Investment Plan; and The East Town Center Investment Plan;
/O
Exhibit A
and the adoption of the Code is necessary and desirable to effectively implement the
policies and vision of these adopted plans.
2. The Avon Development Code is necessary to respond to changed or changing conditions
in the town and promotes the type of development patterns that have emerged since the
current code was first adopted.
3. The Avon Development Code will result in development that is compatible with existing
and surrounding areas or uses and can be served by adequate public facilities.
4. The Avon Development Code reflects contemporary zoning and planning practices,
which include decreasing automobile use, sustainability, and pedestrian oriented
development.
5. The Avon Development Code consolidates the zoning code and subdivision regulations
into a unified set of regulations that are efficiently organized and improves the usability
of the Code.
6. The Avon Development Code furthers the public health, safety and general welfare of the
greater Avon community, including its residents, businesses, and industries.
and subject to the following conditions:
1. Add a Building Height Diagram to illustrate appearance of height. The definition shall
include retaining walls that are part of the base foundation of a structure.
2. The PZC believes there is a public need for limiting the maximurn length along a street of
a duplex structure. Staff shall propose a maximum width to the Town Council.
3. The parking requirement for outdoor seating area be revised to exempt parking
requirements for the fast 25% of the area.
4. Revise the parking requirement for group homes to require appropriate levels of parking.
S. The definition of solar arrays and solar collection systems should be revised to use the
terms, "ground mounted solar devices" and "building mounted solar devices ".
6 The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking
facilities.
7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness.
8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xerriscaping.
9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation
of pedestrians in landscape strips and islands.
10. Add a cross reference within Town Center District Parking Lot Landscaping to Section
7.28.040.
11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II)
12. Revise Section 7.28.050(a)(4)(i)(D)(3)(I) to add straw bale or equivalent requirement.
13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary
irrigation.
14. Revise Section 7.28.050(b) to add language to provide for architectural features for
screening.
!/
Exhibit A
15. Strike reference to the section "Reserved" for Green Building techniques.
16 Correct typo, "Court Dive" on page 147 of the redline strikedwough revision.
17. Research Wildridge PUD definition of building heights as it relates to the wind energy
systems.
18. Revise Section 7.20.100(d)(1)(iii) to include the CIP.
ADOPTED THIS 6ei DAY OF JULY, 2010
Signed.
Vice Chair, een
Date: T&•10
Attest.
Date:
Secretary, Phil Struve
12—
EXHIBIT B
AVON LAND DEVELOPMENT CODE
APPROVED BY:
AVON PLANNING & ZONING COMMISSION
ON JULY 69 2010
PRESENTED TO PUBLIC
ON JULY 23, 2010
/3
EXHIBIT C
The Avon Development Code
Summary of Proposed Revisions
ItL..
r
The General Provisions Chapter replaces the Administrative Provisions of
the existing zoning code and includes standards for general applicability,
interpretations, fees, and non - conforming uses. Enforcement and penalty
regulations are new and include: (1) a responsibility section that describes
how enforcement takes place and what code violations might include; (2) a
General
Chapter 7.04
remedies and penalties section that provides greater detail about the
Provisions
options available to the Town for enforcement; and (3) a procedural section
for enforcement actions. Provisions related to requiring additional studies,
waiver of regulations and conceptual approvals have been moved to
Development Review Procedures. See Town Attorney Memo for additional
discussion on these provisions — Exhibit F.
Definitions have been up -dated and consolidated in this chapter. Use
standards (e.g., Home Occupation and Snow Storage) have been moved
Chapter 7.08
to appropriate regulatory sections. Sec 17.06 of the existing Zoning Code
Definitions
(Interpretations) has been changed to allow the Planning Director to make
interpretations rather than Planning and Zoning Commission.
This is a new chapter that consolidates all of the regulations related to the
procedures for development applications found in the existing Chapters
2.16 Planning and Zoning Commission, 16.12 Subdivision Administration,
and 17.08 Zoning Administration. This new Chapter clarifies the roles of
the review and decision - making bodies; describes the review procedures
for all development applications in a series of sequential steps, and
includes specific review criteria for each type of application. New
Development
provisions include: 1) a pre - application requirement for all applications, 2)
Review
Chapter 7.16
minimum submittal requirements for applications, 3) the timing and content
Procedures
of required studies and reports, and 4) application processing
requirements. A Minor Amendment Process was also added which
authorities the Planning Director to make administrative determinations on
specific minor changes to approved development plans. The Termination
of Approval provision, which sets a 2 year time period on development
approvals, has not changed.
The "Temporary Suspension of Building Permits" provision has been
replaced with a less restrictive Temporary Suspension of Development
Approvals (see Town Attorney Memo — Exhibit F).
This chapter establishes the Town's zone districts. Districts have been
reorganized and categorized by residential, commercial/ mixed -use and
industrial. Purpose statements have been added to help guide decision -
makers. District regulations (e.g., setbacks, building height) are
summarized in tables district by district for easy comparisons.
There are four residential districts (RD duplex; RL, Low Density, RM
Medium Density and RH, High Density). The RH -C Residential Hi Density
Commercial has been retired.
Zone Districts
The commercial districts have been reduced from four to three: NC
and Official
Section 7.20
Neighborhood Commercial; MC, Mixed -Use Commercial; and TC Town
Zoning Map
Center. The SC, Shopping Center District has been retired. Changes to the
district regulations are summarized in Table 2.
The commercial district standards also include a Floor Area Ratio (FAR)
requirement. FAR controls the bulk of a building and allows the developer
to make choices about the distribution of the building mass on the site.
Together with the Development Standards, the FAR measurement can
help break up building bulk and promote development that is compatible
with the type of pedestrian scaled streetscapes promoted in the
Comprehensive Plan.
ItL..
r
Development Bonus (Sec 7.20.100) In response to the request for more
specific information related to the public benefit process, the Code includes
a Development Bonus option which allows the Town Council to increase
the maximum FAR, density, and /or the maximum building height of a
project in exchange for helping the Town achieve public policy goals.
Approval to increasing development density may, for example, be
permitted in exchange for a specific number of affordable housing units,
transportation improvements or other public benefits identified in the
Comprehensive Plan.
The Industrial District, Public Facilities District, Parks District and Opens
Space Landscape, the Short Term Rental Overlay District and Drainage
District remain unchanged.
The PUD has been re- classified as an Overlay District. The new Code
also limits the use and application of the Planned Unit Development (PUD)
to larger parcels and property in Town Center that may have a measurable
impact on the community. The PUD Overlay is intended to provide
flexibility in the subdivision standards so that a development can be
clustered and common open space preserved. A PUD project will still be
subject to the underlying zone district requirements and development
standards. Additional density would be requested through the Bonus
Development process.
The use regulations for all zoning districts are consolidated in Table 7.24.-
1. The use lists have been consolidated by broad categories (e.g. Retail),
and modernized by eliminating out -dated listings and adding more current
uses.
Use
Section 7.24
Specific Use Regulations for Public Uses and Home Occupations are
Regulations
included in this Chapter, as are additional requirements for certain Special
Review Uses such as day care and group living.
Standards for accessory uses and structures temporary uses and
structures have also been added to this Chapter.
Parking and Loading. The new Code took the existing parking regulations
and made targeted changes to encourage alternative parking options and
parking flexibility in Town Core. We also updated the parking lot design
requirements and moved parking lot landscaping to the landscaping
requirements.
Access Driveway. These new regulations control the access to public
streets from private driveways. Standards are provided for is access by
emergency vehicles, the maximum number of entryways per parcel,
j
driveway intersection with the ROW; driveway width, and maximum
j
driveway lengths. Standards for driveways on lots with slopes greater than
30% have been added to minimize disturbance and adverse visual impacts
resulting from long cross slope driveway.
Development
Section 7.28
Mobility and Connectivity. This is a new section that establishes overall
Standards
standards for the infrastructure that provides mobility for both motorized
and non - motorized vehicles and connects neighborhoods in the
community. This section includes design standards for lots that are not
being subdivided and addresses issues such as sidewalks, access
management, and traffic impact analysis.
Landscaping and Screening Requirements. This section was strengthen
and clarified with specific landscaping requirements provides better
guidance to developers and staff then under the existing Code. Other
changes to this section include: a new landscaped buffer requirement
between commercial and residential uses; requirements for parking lot
landscaping and standards for tree preservation and irrigation
requirements were upgraded. Screening standards were also added to
provide guidance on appropriate screening methods and materials.
1/C.
Fence and Retaining Wall standards were revised and included in this
section. Materials and height requirements were added to fence standard.
Retaining Walls standards were added to the Code to reduce the impact of
over height walls and extreme changes in finished grades. In order to
reduce the impact of over grading or over - height walls, terracing is required
with a maximum wall height of 7 ft on wall on residential properties.
Natural Resource Protection and Sustainability this section provides
new protections for the development on steep slopes and ridgelines and
incorporated erosion prevention and sediment control standards. The
Director may modify or waive the provisions in this section for lots which
were platted prior to the Effective Date of this Code where strict
compliance with the provisions in this section is not practical or feasible
considering the physical characteristics of the lot.
Residential Design Standards. Based in part on the standards currently
used in the Design Guidelines, this section establishes the basics for
residential design in Avon (roof form, color, material, building orientation),
with specific standards for townhomes, apartments and single - family and
duplex units in Wildridge.
Commercial Design Standards. Similar to the Residential Design
Standards, this section is based on standards and recommendations found
in the West Town Center and East Town Center Investments Plans, which
calls for pedestrian — oriented, walkable commercial areas with a mix of
uses including housing.
The Engineering Improvement Standards have replaced the subdivision
standards in the existing Code and are designed to work with the zoning
regulations to create a comprehensive land development review process.
In the current code, the subdivision regulations do not include sufficient
substantive content which causes a lot of ambiguity for applicants and for
Staff during the review process. The new subdivision regulations include:
• updated street design requirements
Engineering
0 subdivision layout requirements
Improvement
Section 7.32
• standards for dedication of parks and open space
Standards
0 specifications for storm water management practices
• integration of the natural environment and
requirements for utilities and public facilities.
Parks and Open Space. This is a new section in the Code, and requires
publicly- dedicated open space and privately -held open space for new
subdivisions.
Alternative Energy. This is also a new section in the Code that includes
regulations for installing solar and wind power equipment.
Annexation
and
Disconnection
Section 7.36
See attached memorandum from Town Attorney — Exhibit F.
Procedures
1041
Regulations
Section
See attached memorandum from Town Attorney — Exhibit F
1/C.
Table 1: Sustainable Aspects of the Avon Development Code
NATURAL RESOURCE PROTECTION
Section
Numbers
Limits on construction in flood hazard areas
7.28.070(d)
Requires Inventory of site natural resources
7.28.070
Requirements for storm water management
7.28.070(c)
Limits landscape irrigation systems
7.28.050(a)(4)(iv)
Requires management of silos and erosion control during construction
7.28.070(c)
Steep slope protection and minimized grading
7.28.070(a)
TRANSPORTATION
Requires walkways and bicycle baths on a building site
7.28.040(e)
Require short term bicycle parking and storage based on parking
requirements
7.28.030(i)
SITE LIGHTING
Site light pollution control requirements (dark sky)
15.30
SITE DEVELOPMENT
Usable open space requirements for residential developments
7.28.060
Building form and design standards for commercial zone districts brings
building close to sidewalk and reduce visibility of surface parking to create a
more lively pedestrian environment.
7.28.060
Parking reduced for mixed use developments
7.28.030(f)(2)(ii)
Maximum parking requirements for commercial uses
Table 7.28 -3
Increased landscaping requirements for off - street parking
7.28.050(q)(3)(iv)
Standards for bike parking
7.28.030(1)
New district requirements in Town Center require vertical mix of uses,
higher densities and connections to transit
7.28.0600)
RENEWABLE ENERGY
Solar equipment standards
7.28.070(g)(2)
Wind Energy
7.28.070(g)(4)
17
Table 2: Summary of Revisions to Commercial Zone Districts
NEIGHBORHOOD COMMERCIAL (NC)
Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community.
Permitted Uses: Commercial Uses and Accessory Apartments.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
7,500 sf
3,000 sf
Building Height
35 ft
35 ft: duplex
38 ft: TH, MF, commercial
Front: 25ft
Front: 1Oft residential /0 ft commercial
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25ft corner lots
Rear: 10 ft
Rear: 10 ft
Max Site Coverage
50%
60%
Max Density
7.5 du /acre
7.5 du /acre
1:1 FAR
MIXED USE COMMERCIAL (MC)
Purpose: To group and connect places used for work, shopping, education, recreation with residential uses.
Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
43,560 sf
3.000 sf
Building Height
60 ft
35 ft: SF and duplex
60 ft: TH, MF, commercial
Front: 25ft
Front: 10 ft
Building Setbacks
Side: 7.5 ft
Side: 7.5 SF, duplex/0 ft TH, MF, commercial
Rear: 10 ft
Rear:10 ft residential /5 ft commercial
Max Site Coverage
50%
80%: SF and duplex
70%: TH, MF, commercial
Max Density T
0 du /acre
20 du /acre
0 lodge units /acre
1.5:1 FAR
TOWN CENTER (TC)
Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment.
Design standards distinguish is area from others in town.
Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
30,000 sf
3,000 sf: residential
Building Height
80 ft
80 ft
Front: 25 ft
Front: 1 Oft residential /0 ft commercial
Building Setback
Side: 7.5 ft
Side: 7.5 ft125 ft comer lots
Rear: 10 ft
Rear: 10 ft
Max Coverage
50%
80%
Max Density
30 du /acre
30 du /acre
90 lodge units /acre
2:1 FAR
LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC)
Purpose: To provides sites for light industrial and mfg uses, wholesale outlets, warehousing and sales offices
Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
21,780 sf
21,780 sf
Building Height
48 ft
48 ft
Front: 25 ft
Front: 25 ft
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25 ft corner lots
Rear: 1 Oft
Rear: 10 ft
x Site Coverage
50%
50%
Density
4 accessory unit/property by special review use
4 accessory units /property by special review use
EXHIBIT D
PLANNING AND ZONING COMMISSION
MEETING MINUTES
JULY 6, 2010 (APPROVED)
JULY 20, 2010 (DRAFT)
ry
VON
REGULAR MEETING
Call to Order (5:00pm)
Town of Avon Planning & Zoning Commission
Draft Meeting Minutes for July 6, 2010
Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / One Lake Street
The meeting was called to order by Vice Chairman Green at approximately 5:05
II. Roll Call
All Commissioners were present with the exception of Goulding, Prince, and Anderson.
III. Additions and Amendments to the Agenda
There were no additions or amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest to disclose.
V. Consent Agenda
• Approval of the June 15, 2010 Meeting Minutes
Action: Commissioner Patterson moved to approve the amended minutes.
Commissioner Roubos seconded the motion and it passed 4 -0.
VI. ZONING (PUBLIC HEARING)
Avon Development Code Public Hearing
Property Location: N/A
Applicant/ Owner. Town of Avon
Description: A public hearing to review of the Draft Avon Development Code. The new code
revision includes the consolidation of Subdivision and Zoning regulations, currently found
Titles 16 and 17 of the Avon Municipal Code, respectively, into a unified development code.
Discussion: Matt Gennett presented an overview of the memo and brief description of each
item of the memo.
Commissioner Green asked for clarification of the current height measurement methods and
the new standards proposed. He specifically wanted to hear more about the appearance of
height measurement. Matt Gennett described the appearance of height and showed
illustrations.
Commissioner Roubos questioned the change in natural grade requirements in the new code.
Matt Gennett responded by illustrating design tests that were performed.
Commissioner Green questioned if the retaining walls below a structure would be calculated in
the appearance of height of the structure measurement. Matt Gennett responded that the
code as drafted doesn't clearly indicate that, but staff would be willing to modify the code to
make sure this item is addressed in the draft code.
Commissioner Green asked that staff overview each item in the memo.
Matt Gennett discussed each individual item outlined in the memo.
IT
Commissioner Struve questioned item 7. He questioned how we can keep coast to coast
duplexes from being developed. He felt an intent statement should be addressed to limit the
coast to coast nature of residence designs.
Commissioner Struve questioned if the driveway standards could be modified to ensure that
heated driveways will not be able to exceed maximum grades. Justin Hildreth addressed this
issue by directing the Commission to Attachment C. He discussed the caveat to waive
standards for lots platted before the adoption of this code update.
Commissioner Patterson commented on the Development Bonus section. He wanted
clarification on whether or not a development bonus needs to be applied for with the principal
application. Staff responded affirmatively.
Commissioner Patterson questioned if a menu has been provided for an applicant to help
direct them towards proper public benefits. He stated that he would like the public benefits to
be less shaped by the politics du jour. Eric Heil stated that the pre - application process would
help guide developers on which public benefits would be best.
Commissioner Patterson stated that his concern was that a development bonus would go to
certain communities where political figures reside. Eric Heil stated that the proximity criteria
would apply, which require the public benefits to have a proximity to where the development is
occurring.
Commissioner Patterson questioned why pedestrian enhancements and streetscape
enhancements have different maximum distance requirements. Eric Heil responded that the
2,500 feet is within the acceptable range for people to consider walking instead of driving.
Commissioner Green questioned the outdoor dining parking requirements. He requested that
the parking requirements be modified to ensure that parking be provided for outdoor seating
areas that are greater than 25% of the interior dining area(s).
Commissioner Green questioned the parking requirement for ALFs. He stated that additional
parking may be required for doctors, nurses, etc. He questioned how that would be addressed
by the new code. Sally Vecchio stated that the code implies that there is no parking for the
residents or visitors. Commissioner Green stated that there is a need for more parking than
what the code is requiring.
Commissioner Green disagreed with the proposed definitions for solar devices. He felt the
definitions should be more closely linked to the industry preferred terms. He feels the terms
should be building mounted and ground mounted solar collection systems. Commissioner
Struve suggested that the definitions include both active solar and solar used to heating living
spaces and water.
Commissioner Green suggested that the definition of caretaker unit reference kitchen facilities
instead of cooking facilities.
Commissioner Green questioned coast to coast designs and felt that the town should embark
upon a legislative action. Eric Heil stated that a rational intent would need to be adopted to
address to limit coast to coast designs.
The Public Hearing and Comment portion was opened.
The Public Hearing and Comment portion was closed due to a lack of input.
Commissioner Struve wanted the Commission to get to the point where approve of the new
code with conditions as necessary. Furthermore he discussed the applicability of the code to
Wildridge.
Commissioner Roubos had no additional comments.
Commissioner Patterson had no additional comments.
1�4
Commissioner Green discussed the landscape design standards. He outlined a typo. He also
discussed lawn grasses as an awarded point section. He stated that we should be promoting
natural grasses. Commissioner Struve suggested that it be stricken from the code.
Commissioner Green suggested that the code promote drought tolerant plantings. Eric Heil
stated that xeriscaping should be added as a bonus. Both Commissioners Green and Struve
agreed with that suggestion.
Commissioner Green questioned the criteria for review by the director for a reduction in
perimeter landscaping. Sally Vecchio stated the director could reduce the requirement if the
neighboring property had sufficient perimeter landscaping or the combination of perimeter
landscaping between the two properties was sufficient.
Commissioner Green suggested that a criteria be added to the landscape islands to state that
at maturity the plantings do not negatively affect drainage. He also suggested that the intent
of the Landscape strips be clarified.
Commissioner Green questioned where the sidewalk standards were located. He felt this
should be cross referenced in the TC landscaping section.
Commissioner Green suggested adding a single course of straw bale on the inside of the
fence. Commissioner Struve suggested approved alternative methods.
Commissioner Green suggested that timeframes be added to the temporary irrigation. Eric
Heil suggested that a 2 year timeframe be added.
Commissioner Green suggested that mechanical equipment also have the ability to be
screened by architectural elements.
Commissioner Roubos suggested that the section reserved for Green Building Standards be
stricken.
A break was taken for staff to formulate a list of conditions.
Commissioner Patterson further discussed the development bonus and the impact of political
wills. He also discussed the civic facilities and how these facilities could benefit individual
properties.
Action: Commissioner Roubos moved to approve Resolution 10 -03 with the recommended
findings in the Staff Memo and the following conditions:
1. Add a Building Height Diagram to illustrate appearance of height. The definition shall
include retaining walls that are part of the base foundation of a structure.
2. The PZC believes there is a public need for limiting the maximum length along a street
of a duplex structure. Staff shall propose a maximum width to the Town Council.
3. The parking requirement for outdoor seating area be revised to exempt parking
requirements for the first 25% of the area.
4. Revise the parking requirement for group homes to require appropriate levels of
parking.
5. The definition of solar arrays and solar collection systems should be revised to use the
terms, "ground mounted solar devices" and "building mounted solar devices ".
6. The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking
facilities.
7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness.
8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for
xeriscaping.
22
9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation
of pedestrians in landscape strips and islands.
10. Add a cross reference within Town Center District Parking Lot Landscaping to Section
7.28.040.
11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II)
12. Revise Section 7.28.050(a)(4)(i)(D)(3)(1) to add straw bale or equivalent requirement.
13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary
irrigation.
14. Revise Section 7.28.050(b) to add language to provide for architectural features for
screening.
15. Strike reference to the section "Reserved" for Green Building techniques.
16. Correct typo, "Court Dive" on page 147 of the redline strikethrough revision.
17. Research Wildridge PUD definition of building heights as it relates to the wind energy
systems.
18. Revise Section 7.20.100(d)(1)(iii) to include the CIP.
Commissioner Patterson seconded the motion. It passed 4 -0.
VII. Other Business
• The Gates?
• Western Sage Lot 8
VIII. Adjourn
The meeting was adjourned
W. Todd Goulding
Chairperson
Phil Struve
Secretary
23
Town of Avon Planning & Zoning Commission
AVON,_
C O L O R A D O
REGULAR MEETING
I. Call to Order (5:OOpm)
The meeting was called to order at 5:03.
II. Roll Call
Draft Meeting Minutes for July 20, 2010
Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / One Lake Street
All Commissioners were present, with the exception of Commissioner Anderson.
III. Additions and Amendments to the Agenda
There were no additions of amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest to disclose.
V. Consent Agenda
a. Approval of the July 6, 2010 Meeting Minutes
Action: Commissioner Struve moved to approve the consent agenda as modified.
Commissioner Roubos seconded the motion and it passed 4 -0, with Commissioners Prince
and Goulding abstaining due to their absence.
VI. Ordinances (PUBLIC HEARING)
Description: Ordinance No. 10 -12, Series of 2010, will amend the Avon Municipal Code to (1)
prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a
Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by
medical marijuana patients. The Town Council passed this ordinance on first reading on July
13, 2010 and has scheduled a public hearing and second reading by Town Council on July 27,
2010. (Eric Heil, Esq., Town Attorney)
Discussion: Eric Heil overviewed the memorandum provided to the Commission.
Commissioner Green questioned the process that needed to occur and if any action was
necessary. Eric Heil outlined the first reading of ordinance that occurred at Council and the
PZC review and required motion of recommendation.
Commissioner Struve asked if this was in the new code or old code. Eric Heil responded that
if approved by Council this will be located in the old code.
Commissioner Green stated that it was not clear in the provided packet what staff wanted from
the Commission. He clarified that the information indicated that this was solely for information
purposes.
Commissioner Roubos had concerns over the reasons for the recommendation that was
requested.
Commissioner Goulding discussed the necessity for review of all code text amendments and
land use modifications.
Commissioner Green suggested that the commission take no exception to these regulations.
Commissioenr Patterson stated that he had no exception to the regulations proposed for Title
17, specifically those in sections 5, 6, and 7.
,n,y-
Eric Heil stated that the policy from Town Council is that Medical Marijuana should not be
allowed in the Town and that the Planning and Zoning Commission needs to review to ensure
these regulations will help the PZC to uphold these standards.
Commissioner dialogue ensued to further discuss what the PZC's role is in the review of the
proposed language.
The Public Hearing was opened.
Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation
being provided from the Town Staff. He stated that if the PZC feels that Medical Marijuana is
appropriate in Town then the PZC has the opportunity to make that know at this time.
The Public Hearing was closed.
Commissioner Prince commented that he feels that both sides of the argument are not being
presented to the PZC. He stated that his role is to evaluate both sides of the coin and that he
can not do that with the information provided.
Commissioner Patterson stated that he feels that Land Use is the PZC's realm and that the
PZC does not make legislative decisions contrary to what Dominic stated.
Commissioner Green stated that he feels that the proposed regulations are manageable for
the PZC to regulate, contrary to his personal beliefs on the issue.
Commissioner Struve stated that he agreed with Commissioner Green. He did have concerns
that the provided language will allow the Town to adopt rules that would outlaw other
businesses.
Commissioner Roubos stated she didn't have enough information to evaluate the Ordinance.
She felt that more time would be necessary for a proper review.
Eric Heil clarified the history of Medical Marijuana regulations in Avon and the State of
Colorado. He overviewed case law in Colorado that allowed for moratoriums in order to adopt
regulations. He further clarified that if the PZC was not comfortable making a motion then the
Town Council could approve an emergency Ordinance to extend the moratorium.
Commissioner Goulding stated that certain uses in town are currently outlawed, for example
Adult services and heavy industry. He stated that he doesn't take exception to these
regulations. He did question if there were any comments received on this item. Eric Heil
stated that less than a handful of public comments have been received by the Town Clerk.
Commissioner Goulding questioned why Commissioner Prince would like to hear both sides of
the story. Commissioner Prince stated that he would like to take an open approach and try to
understand why other municipalities and communities have allowed these businesses.
Action: Commissioner Green moved to "take no exception to the Town Council Ordinance 10-
12, series of 2010" noting that Sections 5, 6, and 7 provide manageable language related to
Title 17."
Commissioner Struve seconded the motion.
Commissioner Patterson questioned the meaning of "take no exception." Commissioner
Green further described his reasoning for the terms "take no exception ".
Commissioner Patterson suggested that the language be amended to "no exception" be
replaced with "no position ".
Both Commissioners Green and Struve accepted the modification to the motion. The motion
passed with a 5 -0 with Commissioner Prince abstaining.
JC
VII. Other Business
a. Commissioner questions of staff regarding the effect of Section 17.28.090 Temporary
Suspension of Building Permits (AMC).
Discussion: Matt Gennett summarized the process of drafting and reviewing the Avon
Development Code, including the public review process with the Zoning Advisory Committee,
Planning and Zoning Commission and Town Council. He outlined the PZC recommendation
of approval of the Code on July 6, 2010. He stated that the recommendation of approval
triggered the implementation of Section 17.28.090.
Eric Heil discussed the recommendation and the AMC sections that regulate temporary
suspensions of building permits and revocation of building permits.
Commissioner Green suggested that the PZC can make a recommendation to Council on the
language of the existing code.
Commissioner Goulding separated the two issues: the action of the recommendation on the
Avon Development Code; and the Code language in the existing Municipal Code that was
adopted in 1991.
Commissioner Struve wanted to know whether the Commission could actunder Robert's Rules
of Order. Eric Heil stated that he was unaware if the PZC or Town Council had adopted
Robert's Rulesof Order.. Commissioner Struve stated that it is possible to rescind a motion
under these rules.
Commissioner Roubos stated that there was never an understanding that once the PZC made
a recommendation of approval that would place a moratorium on development. Eric Heil
responded that a moratorium is not the proper term since building permits can still be applied
for and approved under certain situations.
Eric Heil overviewed the AMC Code sections that allow the Town to suspend or revoke a
permit. He further discussed Colorado Common Law and how it affects the issuance of
building permits while an ordinance is pending before Council. He also discussed the ADC
code language that would allow pending application to move forward.
Commissioner Patterson wondered what projected effective date of the New Code would be.
Commissioner Struve wanted to know what would happen if an applicant submitted an building
permit application today.
Commissioner Goulding restated the process and what the Commission could do to help
modify existing language in either the draft code or existing code. Commissioner Goulding
stated that the intent of Section 17.28.090 was to stop a bum -rush to the permit counter before
the new zoning code, with more restrictive standards, was adopted. He also commented that
the new code is intended to be a more developer friendly /customer - service oriented code.
Commissioner Struve questioned what it would take to revise or revoke Section 17.28.090.
Eric stated that it would require an ordinance adopted by the Council through the ordinary
process but an emergency ordinance can be undertaken in a single meeting.
Commissioner Green wanted to know if there is a moratorium on issuing building permits. The
Town Attorney stated pursuant to Section 17.28.090, a building permit that complies with both
the current zoning code and the proposed code can be issued during this period.
Commissioner Prince wondered how an applicant would be effected if the Town Council
changed the development standard proposed in the PZC version of the new Code.
The Commission then took comments from the public:
Buzz Reynolds, Avon resident and builder, questioned if the PZC had all the information to
review the new Code before it recommended adoption to the Council.l. He then questioned
2{0
the PZC if they would have made the same recommendation if they knew how this provision of
the old Code would affect the issuance of building permits ?.
He further stated that this is a mess and it needs to be resolved.
Tripp Plavec, Avon resident, feels the code that the PZC adopted is a mess. He feels that the
new regulations would render designs undevelopable. He acknowledge that he just saw the
Code last night, so he wasn't sure, but questioned if the new regulations would be able to be
waived for existing platted lots. Sally Vecchio stated that existing platted conditions can have
development standards modified or waived if they are impracticable.
Mr. Plavec stated that further regulations on existing platted lots should not be approved. He
stated that the regulations are unfair because under the current code. builders can do
whatever they want.
Dominic Mauriello, Avon resident, stated that the better forum for discussing changes to the
Code would be next week at Council. He further stated that the policy decision should have
been addressed prior to the recommendation of approval. He questioned how many times the
policy was overlooked since it was adopted in 1991. He questioned the process and if the
change would be required for new applications.
Commissioner Goulding stated that this board had no ability to change the existing code.
Dave Dantas, Avon resident stated that he believes that the PZC can rescind their
recommendation to approve the new Code.
Commissioner Struve stated that he also believes the PZC can rescind their recommendation.
Commissioner Patterson questioned the process of an emergency ordinance. Eric Heil read
into the record the section of the code that regulates emergency ordinances.
Commissioner Goulding stated that one option would be having the Council act on an
emergency ordinance. He stated the other option would be for the PZC to move to rescind
their recommendation, but still he would advise the Town Council to keep the status quo.
Commissioner Patterson stated that he would advise not to rescind their recommendation due
to the work put into the document, and even though not everyone will be happy with the new
Code. He suggested that the PZC recommend modifications to Section 17.28.090 to Town
Council for an emergency ordinance.
Commissioner Prince stated that he was happy that people now care about the land use code
updates.
Commissioner Roubos stated that she would like to keep the process moving, but only to
resolve the building permit issue and repeal Section 17.28.090, not rescind the PZC
recommendation to approve the new Code.
Commissioner Struve stated that the obstacle hinders development and that rescinding the
PZC recommendation and revoking Sec 17.28.090 should be addressed by Council.
Commissioner Green discussed the AIA views on code adoptions. He further stated that there
are no moratoriums on development while new codes are adopted across the country. He felt
that Sec 17.28.090 is archaic.
Commissioner Goulding stated that 90% of the comments deal with the transition of the new
Code. He stated that the best thing this body can do is to recommend to Council to amend the
existing code.
Commissioner Struve requested a second legal opinion on the PZC's ability to rescind their
vote.
Commissioner Green moved: "in the strongest terms possible, the Planning and Zoning
Commission request that the Town Council adopt an emergency ordinance to allow:
2�
1. Any complete application that has been submitted for approval prior to the effective date
of the Avon Development Code shall be reviewed on accordance with the ordinance in
effect on the date the application was deemed complete. Any re- application of an expired
project approval shall meet the standards in effect at the time of re- application.
2. Furthermore, Section 17.28.090 of the existing Municipal Code is repealed."
Commissioner Struve seconded the motion and said he would like to modify the motion as
follows:
"in the strongest terms possible, the Town Council should adopt an emergency ordinance to::
1. Allow any complete application that has been submitted for approval prior to the effective
date of the Avon Development Code shall be reviewed in accordance with the ordinance
in effect on the date the application was deemed complete. Any re- application of an
expired project approval shall meet the standards in effect at the time of re- application.
2. Repeal Section 17.28.090 of the existing Municipal Code."
Commissioner Goulding questioned the two sections relevant to the suspension of building
permits. He stated section 17.28.040(b) also allows the town to revoke permits. He
suggested that this section be included in the revocation of the existing code.
Commissioner Green suggested the following language to be added, "Section 17.12.040(b) of
the existing Municipal Code be repealed."
Commissioners Greene and Struve agreed to the addition to the motion. It passed with a 6 -0
vote.
b. Dominic Mauriello stated that the he knew he was expressing an unpopular position,
but felt that he wanted the PZC to understand "why didn't they know about Sec
17.28.090 before they recommended adoption of the new Code ? ?"
VIII. Adjourn
The meeting was adjourned at approximately 7:40 pm.
z�g
EXHIBIT E
WRITTEN PUBLIC COMMENTS
RECEIVED AS JULY 23, 2010
27
Page 1 of
Matt Pielsticker
From: lerich@comcast.net
Sent: Saturday, July 17, 2010 2:47 PM
To: Matt Pielsticker
Subject: P &Z Regs - Lot 21 Block 3
Hello Matt,
I hope all is well.
I read the minutes from the last meeting where new P &Z design regs were considered.
A few months ago you and I briefly discussed the impact of further regulation.
Specifically to Lot 21 Block 3. 1 have the following comments.
You have on record the design for the single family house I designed and which had
been approved.
I believe you recall the constraints of that site.
The only logical and safe place to access the site was at the north end, and the slope
from east (uphill) downward to Wildridge Road was about 1:2.
The site itself is somewhat imposing when one stands on the road and looks up hill to
the east. The Wildridge Road cut created a wall of earth on the site, which if you are
driving is what you see, not the hill or site. One has to make a conscious effort to turn
the head 90 degrees and look up if you are driving to see the site. If a house were built
that would no change. When one drives up the road because of the turn, and the steep
road cut into the hill, one does not turn the head 90 degrees to look at the site, unless
they want to run off the road. One might sense that a structure is there but the road cut
is all you see, not the uphill or a house that might be on the site.
The designed and approved house was about 80 feet long running with the site
contours. It was also "buried" into the hill and met height regs.
The P &Z goal to minimize site disturbance and the practicality /economy to build on the
site "encouraged" the house to be close to the set back at the road and be linear.
It was at the height limits and I would not deny it would make an "impression ", IF you
turned your head 90 degrees. and then looked UP above the road cut.
Please take a ride up there and you will see that for yourself.
The minutes indicate that there should be further restriction upon the house length
along the road and more restrictive height limits.
The natural site constraints "force" a long design. The lot is zoned for a duplex.
The logical response is a long side by side duplex.
If you tried to put a side by side duplex in 80' (which is what the single house was) then
to make reasonable 3 bedroom houses with garages they would have to be 3 stories.
The proposed regs would make that impossible without stepping up hill and disturbing
the site.
Now further regs are proposed on height.
When one combines a limit on road frontage length of the house, more restrictive height
limits, minimization of site disturbance uphill, and this site's access limits the regs are
approaching being so restrictive so as make it almost unbuildable for a reasonable
three bedroom home, let alone side by side duplexes.
7/22/2010 .� .,
Page 2 of
To my mind it is so restrictive to be close to "taking of the property" and regulated into being undevelopable.
The problem is that this is a pretty unique situation on Wildridge. I know of no other long narrow lots which,
even without a house are imposing from the road.
I am requesting some consideration of the site's unique constraints which if more restrictive P &Z Design Regs
are added make it much harder to develop a difficult site, if not almost impossible to develop marketable
homes.
It is a matter of great concern to me.
Most respectfully and sincerely yours,
Erich
7/22/2010
3)
Avon Development Code
July 11, 2010
David Dantas
Notes for Discussion
We should not be writing codes that create non conforming uses of the majority of the existing
development in the residential areas. By doing this additional expenses will be created both by
Town and the property owners. Town staff will have a much larger job evaluating remodels,
redevelopment and new development.
Page
56. 10 acre minimum PUD requirement outside Town Core.
1. How can large changes be made that have not been contemplated in the code?
2. Why any minimum?
3. Not a direction by Council
88. Leave single family detached in as special review use
144 -145 3iii Majority of residences do not conform, why change to 45' radius -very large?
147 Access Table- 20' perpendicular to Right of Way not practical.
A large percent of existing properties will not conform. Creates unbuildable properties
when combined with 6' maximum change in grade
174 Landscape units
1. What community uses this table
2. Does it take into account our dry climate
3. What current buildings satisfy these requirements
187 Retaining Walls
1. Why only two tiers?
191 40% slope conflicting zoning versus new code
1. Precedent set in Wildridge that development can occur on steep slopes
a. to change would be a taking
S
192 Roof overhangs on dormers to be less than 1.5' for the main roof forms
1. Smaller element keep in proportion.
193 30' continuous roof line too small make 45'
193 Wildridge Single Family and Duplex
1. Approximately 15% left to full build out
2. Why make significant changes to penalize undeveloped property owners
3. Incentivize owners to make changes desired
194 Overall maximum height of 45'
1. What buildings are over this height today?
a. how will they be dealt with in case of redevelopment or addition /remodel
197 -8 Town homes-Si ngle width parking configurations for 50% of units
1. Creates less desirable properties
201 Front Load Garages less than 35% of front facade
1. Is this linear or total front square footage
a. recessed 4' extra cost? not needed
203 Mixed use 16' ceiling height, Is this excessive?
210 1.5' over hang- dormers?
211 Pedestrian level 75% glass?
211 L3 -10 square foot maximum individual pane size on upper level commercial
1. 2 x 5 window max.? seems very small
213 2 . slopes over 30% appeal to director?
214 3i. 40% slope, platted lot with zoning, building setbacks
3b. minimum lot size, why?
3d. 6' maximum lowering or raising of grade
1. makes lots unbuildable
2. Where is this coming from?
269 Building envelopes
7i more 40% slope regulations?
Iii 80'x 80' minimum building envelope?
1. Hurd Lane Lot sizes? Some are narrower than this.
2. Discourages patio home /cluster, high density development
3. P &Z actions do not promote this change. Where is council?
3Z
EXHIBIT F
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 22, 2010
SUBJECT: Avon Development Code: Process for Adoption; Discussion of
Section 7.04 General Provisions, 7.32 Annexation and Disconnection
and 7.40 Areas and Activities of State Interest
Summary: This memorandum explains various issues related to the draft Avon
Development Code ( "Development Code "), Section 7.04 General Provisions, Section
7.32 Annexation and Disconnection, and 7.40 Areas and Activities of State Interest.
The focus of this memorandum is to outline the process for adoption of the Code,
explain the impact of the Code to pending and approved applications, address the
supplemental recommendation from the Planning and Zoning Commission and highlight
changes from the existing Code.
Process for Adoption: Adoption of the Avon Development Code is governed by
Chapter 17.28 of the existing Avon Municipal Code ( "Existing Code "). The Existing
Code also provides that the subdivision regulations in Title 16 may be amended
however, Section 16.04.90 does not provide any standards or procedures for such
amendments. No changes or amendments are proposed for the zoning district map at
this time, therefore, only the procedures related to amendments to the text of the zoning
code apply.
The Planning and Zoning Commission must conduct a public hearing on proposed
zoning text amendments and must provide a recommendation to the Town Council.'
The Town Council shall conduct a hearing after receiving the recommendations of the
Planning and Zoning Commission .2 "Following the required hearing" and after
considering comments, the Town Council shall approve, approve with conditions or
deny the application, in whole or in part .3 The Town Council shall hold a hearing, "no
later than thirty (30) days following the Planning and Zoning Commission action. "4
Amendments to the Existing Code and adoption of the Development Code is a
legislative act and must be in the form of an ordinance pursuant to Avon Home Rule
Charter ( "Charter") Section 6.1. The Town Council is required to conduct a public
hearing on an ordinance after first reading, Charter Section 6.5. Note that Section
17.28.050(b) requires Council to conduct a public hearing within thirty (30) days of the
Existing Code Section 17.28.050
2 Existing Code Section 17.28.060
3 Existing Code Section 17.28.060(b)
4 Existing Code Section 17.28.050(b)
Heil Law & Planning, «C
1499 Blake Street, Unit 1 -G
Denver, CO 80202
Eric Heil, Esq. A.I.C.P.
Tel: 303.975.6120
eheil @avon.org
��Y
Avon Town Council
RE: Avon Development Code
July 22, 2010
Page 2 of 3
Planning and Zoning Commission action and Council must conduct a public hearing for
second reading of any ordinance. Council is not required to take action to adopt first
reading of an ordinance at the first hearing scheduled for July 27, 2010. Council may
continue first reading and continue any public hearings on either first reading or second
reading provided that the Council announces the time, date and location for the
continued hearing at each meeting.
Changes in Chapter 7.04 General Provisions: There are numerous revisions in
Chapter 7.04 General Provisions from the Existing Code. These changes are high-
lighted as follows:
§7.04.020 Authority. Language expands references to land use regulatory authority to
include all relevant statutory citations.
§7.04.030 Purposes. Language was revised to clarify and modernize the purposes of
the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were
consolidated. NOTE that courts support considering "purpose language" when
interpreting and applying code provisions.
§7.04.040 Interpretation. Language was revised to incorporate additional rules for
interpretation, including language from Colorado Model Land Use Code. NOTE that
§7.04.040(m) provides that the interpretation of the Director may be appealed to Town
Council.
§7.04.070 Applicability to Public Agencies. This is the same language as is currently
in 17.04.080. NOTE: as written, the Development Code applies equally to all activities
of the Town of Avon. By law, the Town may exempt itself from the application of its own
municipal land use regulations, however, such exemption must be stated in the code.
§7.04.100 Fees. This section provides a significant change to the Existing Code
because it proposes a "pass through" fee account system whereby the Applicant must
maintain a positive account balance and pay all costs associated with reviewing and
processing a development application. The intent and effect of this change is that
reviewing development applications would be "revenue neutral' for the Community
Development Department. Identification of unusual costs or required studies would
occur at the pre - application conference. The adoption of defined standards and
procedural requirement enables applicants to submit complete applications which meet
the criteria for approval and which should minimize town review costs.
§7.04.190 Enforcement Authority and Procedures. This provision was expanded to
define enforcement procedures for non - emergency and emergency violations,
§7.04.190(c).
§7.04.200 Enforcement Actions and Remedies. Language was added to define the
ability of the Director or Town Attorney to enter into "compliance agreements" to resolve
3S_
Avon Town Council
RE: Avon Development Code
July 22, 2010
Page 3 of 3
code violations. The ability to approve "compliance agreements" already exists in the
context of settling municipal court violation action. The ability to enter into compliance
agreements administratively provides an option that reduces costs and expedites
resolution of code violations.
Chapter 7.36 Annexation and Disconnection. Chapter 7.36 adopts procedures for
annexation and disconnection of property into or out of the Town of Avon. These
regulations track the Colorado Model Land Use.
Chapter 7.40 1041 Regulations. Chapter 7.40 adopts regulations for Areas and
Activities of State Interest, otherwise known as 1041 regulations. These regulations are
authorized pursuant to Colorado Revised Statute §24- 65.1 -101 et seq. As proposed,
the 1041 Regulations would apply to site selection of arterial highways, interchanges
and collector highways and to water and sewage treatment systems. Town Staff
desires to review the 1041 Regulations with the Eagle River Water and Sanitation
District and Upper Eagle River Water Authority to better understand the effect of this
regulation. A more thorough presentation by staff is proposed for the August 10, 2010
Town Council meeting.
Thanks, Eric
3 �
EXHIBIT G
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; and and considered all public comments received and all
testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh
Page 1 of 4
31
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh
Page 2 of 4
sag
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh
Page 3 of 4
39
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 10,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 27, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
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 32010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh
Page 4 of 4
II
HEIL LAW
& PLANNINC, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 22, 2010
SUBJECT: Avon Development Code: Effect on Pending and Approved
Applications
Summary: This memorandum explains the effect of the existing zoning regulations and
the proposed Development Code on pending and approved applications and addresses
a supplemental recommendation from the Planning and Zoning Commission.
Effect on Pending and Approved Applications: The amendment of existing land use
regulations necessarily affects pending applications and approved development permits
which have not yet been acted upon. There are three considerations for determining
and applying the effect on pending and approved applications: (1) the provisions in the
Existing Code, (2) the provisions in the proposed Development Code, and (3) the law in
Colorado concerning pending applications and vested rights.
(1) Existing Regulations: Existing Code sections 17.12.040(b) and 17.28.090 address
approved development permits and pending applications. Existing Code section
17.12.040(b) follows the general law in Colorado. Existing Code section 17.28.090
adopts the "pending ordinance doctrine" only to the extent of suspending the issuance
of building permits. The two sections are reprinted below for your convenience.
17.12.040 Revocation and invalidation of permits.
(b) No permit issued pursuant to this zoning code shall remain in force and effect if the
use or structure authorized therein becomes nonconforming; provided, however, if,
subsequent to and in reliance upon the issuance of the permit, an applicant has so
substantially changed his or her position or incurred extensive obligations and expenses
that it would be highly inequitable and unjust to destroy the rights acquired by issuance
of the permit, then such permit shall not be invalidated and the approved development
shall be allowed to proceed to completion if not otherwise unlawful.
Heil Law $ Planning, LLC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @avon.org
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 2 of 9
17.28.090 Temporary suspension of building permits.
Whenever the Town Council or the Planning and Zoning Commission has properly
initiated proceeding to amend the text of the zoning code or the zoning district map
pursuant to the provisions of this Title, and the Planning and Zoning Commission has,
subsequent to the public hearing, adopted a resolution recommending to the Town
Council approval of such amendment, no building permits shall be issued by the Town
Building Administrator which would be prohibited by the proposed amendment for a
period of one (1) year following the date of such Planning and Zoning Commission
resolution; provided, however, if the Town Council should, by resolution, refuse to
further consider such amendment, or if an ordinance adopting the proposed amendment,
or an amendment substantially similar to the proposed amendment, has not been passed
by the Town Council pursuant to law within the one -year time period, all building
permits applied for during such period, which otherwise conform to the existing zoning
regulations, shall be issued, provided the building permit application meets all other
regulations of the Town in effect at the time.
Existing Code sections 17.12.040(b) and 17.28.090 relate to each other because
section 17.12.040(b) provides that a building permit or other permit can be invalidated if
such permit is not in compliance with a newly adopted zoning provisions. Therefore,
section 17.28.090 properly prohibits the issuance of a building permit which is
inconsistent with zoning amendments recommended for adoption by the Planning and
Zoning Commission.
Under the Existing Code, the only permits which may retain their validation even if
inconsistent with new code regulations include permits with statutory vested property
rights (i.e. vested property rights approved by ordinance in accordance with Chapter
17.14) and permits with common law vested property rights in which the applicant has
incurred substantial investment in reliance upon the permit.
(2) Proposed Development Code: The proposed Development Code has more
extensive provisions which govern the application of the new Development Code to
pending applications and approved development permits. The relevant sections are
reprinted for your convenience as follows:
7.04.100 Transition to Avon Development Code
(a) Purpose. The purpose of this Section is to clarify the status of properties with
pending applications or recent approvals, as those terms are used below, and properties
with outstanding violations, at the time of the adoption of the Development Code.
(b) Effective Date. The provisions of the Development Code became effective on
[INSERT EFFECTIVE DATE]. Development plans approved under previous
regulations that received vested property rights by approval of the Town Council by
ordinance shall be valid for the duration of that vested property right provided that all
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Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 3 of 9
terms and conditions of such vested right approval are followed. Existing legal uses that
may become nonconforming by adoption of this Development Code shall become legal
nonconforming uses subject to the provisions of this Section.
(c) Violations Continue. Any violation of the previous Titles 16: Subdivision, and 17:
Zoning, shall continue to be a violation under the Development Code and shall be subject
to the penalties and enforcement in this Chapter.
(d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and
preliminary PUD approvals granted prior to the effective date of the Development Code
shall be considered as approved pursuant to the Development Code. Final approvals shall
be required to comply with the application submittal requirements and development and
design standards contained in the Development Code unless specific conflict provisions
or standards were approved with a vested right by the Town by ordinance. Final
approvals shall be reviewed according to the review criteria contained in this
Development Code. Preliminary subdivision and PUD approvals granted under the
previous regulations shall be valid for two (2) years from the date of approval unless a
vested right providing a longer period was granted by the Town Council by ordinance.
Failure to obtain a final plat or plan approval in the allowed time shall result in the
expiration of the preliminary plan.
(e) Future Subdivisions. Large tracts or blocks of land contained within a recorded
subdivision that were intended or designed for resubdivision into smaller tracts, lots, or
building sites when originally approved, shall comply with all provisions of the
Development Code.
(f) Projects with Final Approval. Development projects with final approval that are
valid on [INSERT EFFECTIVE DATE], shall remain valid until their termination date.
Projects with valid approvals or permits may be completed in conformance to the
development standards in effect at the time of approval.
(g) Active Building Permits. Any building or development for which a building
permit was granted prior to [INSERT EFFECTIVE DATE] shall be allowed to proceed
to construction under the regulations in place when the building permit was issued. If the
development for which the building permit is issued prior to [INSERT EFFECTIVE
DATE] fails to comply with the time frames for development established for the building
permit, the building permit shall expire and future development shall comply with the
requirements of the Development Code.
(h) Violations, Enforcement, and Penalties. A use, structure, or lot not lawfully
existing at the time of the adoption of the Development Code is deemed lawful and
conforming as of the effective date of the Development Code if it conforms to all of the
requirements of the Development Code. Payment shall be required for any civil penalty
assessed under the previous code, even if the original violation is no longer considered a
violation under the Development Code.
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Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 4of9
7.16.040(d) Temporary Suspension of Development Approvals. Whenever the
Council has initiated an application to amend the text of the Development Code, no
development application may be approved nor building permit issued which does not
comply with the regulations, standards, or permitted uses set forth in the proposed
amendment. The date of such temporary suspension shall begin on the day that the
proposed amendment is in a complete ordinance form and is made available to the public.
The temporary suspension shall remain in effect for a maximum duration of six (6)
months.
The proposed Development Code establishes additional property rights protection
because section 7.04.100 provides that the Town will not invalidate any final
development approval (including Final Design Review approvals) and will not invalidate
building permits issued before the effective date of the Development Code even if such
approvals are inconsistent with newly adopted regulations. Also, proposed
Development Code section 7.16.040(d) amends the trigger on temporary suspensions
to rely upon Council action and introduction of an ordinance and reduces the potential
time for Town Council to consider a text amendment to a code from 1 year to 6 months.
As a Home Rule Community, Avon has broad legal authority to adopt regulations
governing the transition from an existing code to a new code. Section 7.16.040(d)
basically follows a provision for county planning authority which allows temporary
suspension of permitting without conducting a public hearing for a period of 6 months.'
(3) Colorado law: Colorado courts have recognized that a municipality may adopt and
apply new regulations to pending applications or approved development permits if no
property rights have vested with the application or approval .2 "[The] authority to enact a
zoning resolution, and thereby restrict the use of property, exists even though an
application for a license involving that use is pending, the only proviso being that the
Board had not unreasonably or arbitrarily refused or delayed issuance of the license."
Crittenden v. Hasser, 585 P.2d 928 (Colo.App. 1978). Crittenden involved a liquor
license which was submitted after a zoning amendment application was initiated. The
County enacted new zoning which prohibited liquor sales on the subject property, then
denied the liquor license application on the basis of the newly enacted zoning one
month later. The Court in Crittenden recognized that the zoning resolution was pending
at the time that the application for a liquor license was made.
C.R.S., §30 -28 -121. Temporary regulations. The board of county commissioners of any county, after
appointment of a county or district planning commission and pending the adoption by such commission of
a zoning plan, where in the opinion of the board conditions require such action, may promulgate, by
resolution without a public hearing, regulations of a temporary nature, to be effective for a limited period
only and in any event not to exceed six months, prohibiting or regulating in any part or all of the
unincorporated territory of the county or district the erection, construction, reconstruction, or alteration of
any building or structure used or to be used for any business, residential, industrial, or commercial
purpose.
2 See City of Aspen v Marshall, 912 P.2d 56 (Colo. 1996).
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Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 5 of 9
Colorado courts have also considered the ability to deny an application based on
noncompliance with pending regulations, known as the "pending ordinance doctrine."
The pending ordinance doctrine is stated as follows:
The "pending ordinance doctrine" provides:
A municipality may properly refuse a building permit for a land use repugnant to
a pending zoning ordinance, even though application is made when the intended
use conforms to existing regulations, and even though the application is made a
considerable time before the enactment of the pending ordinance, provided the
municipality has not unreasonably or arbitrarily refused or delayed the issuance of
a permit, and provided the ordinance was legally "pending" on the date of the
permit application.
8 Eugene McQuillin, The Law of Municipal Corporations § 25.155, at 691 (3d
ed. 1991) (footnotes omitted).
The Colorado Supreme Court in City of Aspen acknowledged the "pending ordinance
doctrine," but did not adopt this doctrine. The Colorado Appellate Court previously
rejected the pending ordinance doctrine by stating,
"As a general rule, the mere pendency of a zoning amendment at the time that an
application for a permit is made does not furnish a proper basis upon which to
deny that application. In such instances, the issuance of the permit may be
compelled by mandamus." 3
However, the Appellate Court went on to explain that the right to issuance of a permit
does not equate to a vested right that such permit may not be revoked,
"The present majority rule is that a landowner does not acquire a constitutionally
protected vested right simply by the issuance of a permit. Rather, in order for the
rights granted by a permit to vest, the permittee must take substantial steps to
exercise those rights in reliance on the permit before the effective date of any new
legislation that may affect those rights."
The Appellate Court has found that substantial reliance on a permit would require at
least excavation and foundation work. However, there is no fixed formula for
determining whether or not a common law right has vested.4 The Existing Code section
17.28.090 essentially adopts and applies the pending ordinance doctrine to building
permits in the Town of Avon.
Generally, the issuance of a building permit alone does not give a vested property right.
In Cline v City of Boulder, 450 P.2d 335 (Colo. 1969), a property owner received a
building permit for a gas station by Boulder County, then upon forcible annexation by
3 Gramiper v County of Pitkin, 794 P.2d 1045 (Colo.App. 1989)
4 Villa at Greeley v. Hopper, 917 P.2d 350 (Colo.App. 1996).
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Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 6 of 9
the City of Boulder as an enclave, the City of Boulder zoned the property and revoked
the building permit for the gas station on the basis that the use was not permitted by the
zoning adopted by the City. The Colorado Supreme Court upheld the revocation of the
building permit in stating the following:
'The general rule is that permits for buildings and businesses are not per se
protected against revocation in effect by subsequent enactment or amendment of
zoning laws prohibiting the building, business or use for which they have been
issued. That is to say, a municipality may revoke a permit where zoning is enacted
or changed to prohibit the use and where the permitee has not materially changed
his position in reliance on the permit. * * *'
8 McQuillan, Municipal Corporations § 25.156 (3d ed. 1965).
In Summary, the Existing Code and the proposed Development Code contain provisions
which attempt to define and clarify the application of these doctrines to pending
applications and approved development permits. Council should also be aware that
municipalities generally have the authority to impose temporary restrictions or
moratoriums on development applications and permitting for planning purposes for up to
two years and may impose such restrictions as an emergency ordinance (as the Town
did with medical marijuana dispensaries through the adoption of Ordinance No. 01 -10).5
Clarion Associates proposed language in their first draft which would have granted the
right to all development applications to be processed and approved under the Existing
Code if such applications were submitted prior to the adoption and Effective Date of the
Development Code by the Town Council. The language is reprinted below for your
convenience and consideration.
16.01.90 (d) Applications Commenced or Approved Under Previous Ordinances
(1) Pending Applications
(i) Any complete application that has been submitted for approval, but
upon which no final action has been taken by the appropriate
decision - making body prior to the effective date of the Unified
Code, shall be reviewed in accordance with the ordinance in effect
on the date the application was deemed complete unless the
applicant requests otherwise pursuant to paragraph (ii), below. If
the applicant fails to comply with any applicable required period
for submittal or other procedural requirements, the application
shall expire and subsequent applications shall be subject to the
requirements of the Unified Code. Any re- application of an
expired project approval shall meet the standards in effect at the
time of re- application.
(ii) An applicant with a complete application that has been submitted
for approval, but upon which no final action has been taken prior
5 See Droste v BOCC County of Pitkin, 159 P.3d 601 (Colo.2007); Dollacrhan v County of Boulder, 749
P.2d 444 (Colo.App.1987), Deighton v City Council of Colorado Springs, 902 P.2d 426 (Colo.App. 1994).
ZA
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 7 of 9
to the effective date of the Unified Code, may request review
under the Unified Code by a written letter to the Director.
Planning and Zoning Commission Supplemental Recommendation: The Planning
and Zoning Commission expressed significant concern regarding the imposition and
effect of Existing Code section 17.28.090 at their last meeting on July 20, 2010.
Commission members stated that they were not aware of Existing Code section
17.28.090 and would not have made any recommendation on the Development Code
until the Council repealed this section to avoid the imposition of any temporary
suspension of building permits. The Commission asked if they could rescind their
recommendation on July 6, 2010. My legal advice was that I did not believe they had
the authority to rescind their recommendation and "undo" the effect of Section
17.28.090, but that I would research that matter further. I did advise the Commission
that they could provide a supplemental recommendation to the Town Council with
regard to the adoption of the Development Code. The Planning and Zoning
Commission members present voted unanimously to recommend that the Town Council
repeal Sections 17.28.090 and 17.12.040(b) of the Existing Code and allow all pending
applications and applications submitted prior to the Effective Date of the Development
Code to be processed under the Existing Code.
The motion by the Planning and Zoning Commission is as follows:
"In the strongest terms possible, the Planning and Zoning Commission recommends that
Town Council adopt an emergency ordinance to allow:
1. Any complete application that has been submitted for approval prior to the effective
date of the Avon Development Code, shall be reviewed in accordance with the
ordinance in effect on the date the application was deemed complete. Any re-
application of an expired project approval shall meet the standards in effect at the
time of re- application.
2. Section 17.28.090 and Section 17.12.040(b) of the existing Municipal Code be
repealed."
Council Options: Council has the discretion to adopt regulations that address the
status of pending applications and approved developments. The following options exist:
1. Follow Existing Code provisions (New Development Code requirements and
standards can be applied to pending applications after recommendation by Planning
and Zoning Commission. Development Permits can be invalidated if (1) inconsistent
with new Development Code and (2) the permit holder has not substantially relied
upon permit or incurred extensive obligation.
2. Follow new Development Code provisions (New Development Code
requirements and standards can be applied to pending applications after a formal
ordinance is introduced to public. Active building permits and projects with final
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Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 8 of 9
approval as of the Effective Date of the Development Code have a vested right for
the duration of such permit and may not be invalidated. The duration of permits is
generally two years unless otherwise provided). NOTE. This approach avoids a
race to submit applications to "beat the clock" but does honor existing building
permits and final approvals issued by the Town.
3. Allow all applications submitted prior to adoption of new Development Code
to be processed and reviewed in accordance with Existing Code (Clarion
model). NOTE. This is the option which the Planning and Zoning Commission
recommends in the strongest terms possible. This approach may result in a race to
"beat the clock" where property owners seek to avoid requirements of the new
Development Code by submitting applications prior to final adoption.
4. All applications which were submitted prior to presentation of the May 28,
2010 public hearing draft submitted to the Planning and Zoning Commission
to be processed under Existing Code and applications submitted after such
date to be processed under. Active building permits and final development
approvals would not be invalidated. NOTE. This is a hybrid approach which
would avoid a race "to beat the clock" but would treat pending and approved
applications fairly. Other trigger dates to consider for adoption include the July 6,
2010 Planning and Zoning Commission recommendation date, the July 23, 2010
date in which an ordinance was made available to the public (this follows the
language of the proposed Development Code), or the July 27, 2010 Town Council
First Reading and Public Hearing Date.
RECOMMENDATION: Sections 7.04.100(f) and (g) of proposed Development Code
would validate, honor and grandfather final development approvals and building permits
issued prior to the effective date of the new Development Code. This provision is a
change from the Existing Code which would automatically invalidate approvals and
permits that did not comply with new regulations. If this is the direction which Council
believes reflects the appropriate policy for Avon, then Council could consider an
emergency ordinance to exempt Final Design Review and other Final Development
Plan approvals and active building permits from the effect of sections 17.28.090 and
17.12.040(b) in the Existing Code.
Emergency Ordinance: A draft of an Emergency Ordinance as requested by the
Planning and Zoning Commission is presented for your consideration. An alternative
draft is also presented which follows the language in the new Development Code.
Section 6.6 of the Avon Home Rule Charter provides that an emergency ordinance may
be adopted at one Council meeting by the "unanimous minus one vote of the
Councilmembers present." Section 4.1 defines "Council' as all seven members,
including the Mayor and Section 4.3 provides that the Mayor is elected from amongst
the Councilmembers; however, Section 4.4 provides that the Mayor shall have no power
to vote except in cases of tie votes. As applied, the "unanimous minus one vote of the
Avon Town Council
RE: Effect on Pending Applications and Approved Permits
July 22, 2010
Page 9 of 9
Councilmembers present" effectively means that all Councilmembers present besides
the Mayor must vote in favor of the passage of an emergency ordinance.
If an Emergency Ordinance is adopted on July 27, 2010, such ordinance would be
effective 8 days after passage, or August 4, 2010. The Emergency Ordinance can also
be adopted as a regular ordinance, in which case if second reading were passed on
August 10, 2010, then the effective date would be August 17, 2010 (7 days after
passage).
Planning and Zoning Commission Authority to Rescind Recommendation: The
Planning and Zoning Commission ask for a legal opinion regarding their authority to
rescind their recommendation on July 6, 2010 and to effectively "undo" the imposition of
a temporary suspension of building permits imposed by Section 17.28.090. The
Existing Code section 2.16.070 states that the Commission shall operate in accordance
with its own rules of procedure which have been reviewed and approved by the Town
Council. Upon investigation with the Community Development Department, the only
rules of procedure adopted by the Commission are the Town of Avon Residential,
Commercial, and Industrial Design Review Guidelines, adopted November 6, 2001 and
revised through September 25, 2007 ( "Design Review Guidelines "). The Design
Review Guidelines do not address rules of procedure for making motions or rescinding
motions by the Planning and Zoning Commission. Therefore, the Planning and Zoning
Commission does not have the authority to rescind a motion if such procedure has not
been adopted by the Planning and Zoning Commission and the Town Council.
Requested Council Action: Consider adoption of an Emergency Ordinance as
recommended by the Planning and Zoning Commission or adoption of an Emergency
Ordinance to immediately implement the proposed Development Code regulations
concerning applicability to pending applications and active approvals. The Emergency
Ordinances are attached to this memorandum.
Thanks, Eric
I
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -15
SERIES OF 2010
AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL
CODE BY REPEALING SECTIONS 17.12.040(B) AND 17.28.090 AND
ENACTING SECTION 17.12.025
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation
of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal
Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31,
Colorado Revised Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing
approved development and building permits and which permits all applications to be reviewed
according to the ordinance and regulations existing at the time such applications are submitted;
and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public
comments received and all testimony and materials provided by Town Staff prior to making a
decision; and
WHEREAS, the Town Council finds that due to the severe slowdown in national, regional and
local economic conditions the validation of existing development and building permits and
ability of pending development applications to proceed efficiently and without delay is essential
to avoiding the exacerbation of adverse economic conditions or delay in improvement of
economic conditions, and therefore finds that the adoption of this Ordinance as an emergency
ordinance is immediately necessary for the preservation of the public peace, health, safety and
welfare of the Avon community; and
WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the
Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule
Charter.
Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh
Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Section 17.12.040(b) and Section 17.28.090 of the Avon Municipal
Code is hereby repealed in their entirety.
Section 3. Enacted. Section 17.12.025 Applications is hereby enacted to read as follows:
"17.12.025 Applications.
Any complete application that has been submitted for approval prior to the effective
date of the Avon Development Code or any amendment thereto, shall be reviewed in
accordance with the ordinance in effect on the date the application was deemed complete.
Any re- application of an expired project approval shall meet the standards in effect at the
time of re- application."
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect eight days after passage in
accordance with Section 6.6 of the Avon Home Rule Charter.
Section 7. Safetv 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
Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh
Page 2 of 4
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
[signature page follows]
Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh
Page 3 of 4
12
INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
AN EMERGENCY ORDINANCE on July 27, 2010.
ATTEST:
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh
Page 4 of 4
t3
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -15
SERIES OF 2010
AN EMERGENCY ORDINANCE AMENDING THE AVON
MUNICIPAL CODE BY REPEALING SECTION 17.12.040(B) AND
AMENDING SECTION 17.28.090
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning
the use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation
of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal
Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31,
Colorado Revised Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing
approved development and building permits and which permits all applications to be reviewed
according to the ordinance and regulations existing at the time such applications are submitted;
and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public
comments received and all testimony and materials provided by Town Staff prior to making a
decision; and
WHEREAS, the Town Council finds that due to the severe slowdown in national, regional
and local economic conditions the validation of existing development and building permits and
ability of pending development applications to proceed efficiently and without delay is essential
to avoiding the exacerbation of adverse economic conditions or delay in improvement of
economic conditions, and therefore finds that the adoption of this Ordinance as an emergency
ordinance is immediately necessary for the preservation of the public peace, health, safety and
welfare of the Avon community; and
WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the
Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule
Charter.
Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh
Page 1 of 4
IT
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Section 17.12.040(b) of the Avon Municipal Code is hereby repealed in
its entirety.
Section 3. Amended. Section 17.28.090 Temporary Suspension of Building Permits is
hereby enacted to read as follows:
"17.28.090 Temporary Suspension of Development Approvals.
Whenever the Council has initiated an application to amend the text of the Code, no
development application may be approved nor building permit issued which does not
comply with the regulations, standards, or permitted uses set forth in the proposed
amendment. The date of such temporary suspension shall begin on the day that the
proposed amendment is in a complete ordinance form and is made available to the public.
The temporary suspension shall remain in effect for a maximum duration of six (6)
months."
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect eight days after passage in
accordance with Section 6.6 of the Avon Home Rule Charter.
Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh
Page 2 of 4
!,S
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
[signature page follows]
Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh
Page 3 of 4
1(P
INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS
AN EMERGENCY ORDINANCE on July 27, 2010.
ATTEST:
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh
Page 4 of 4
1.1
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Robert L. Ticer, Chief of Police
From: Greg Daly, Lieutenant
Date: July 15, 2010
Re: Memorandum of Understanding for the Use of Radio infrastructure
owned by Eagle County.
Summary: The Town of Avon utilizes the radio infrastructure created by and maintained by
the Eagle County Commissioners. Police, Public Works, Rec Center and Transit utilize
radios that are served by the Eagle County owned radio towers. TOA participated in an Inter
Governmental Agreement in the past with the County Sheriff regulating usage and cost for
participating in the radio system. The current IGA is out of date since 2004. The Sheriff
handed responsibility for the radio system over to the County in 2002/3. That IGA is being
replaced by an updated Memorandum of Understanding. It is an MOU because not all user
agencies are governmental entities.
Background: The current radio infrastructure costs approx $500k to maintain on an annual
basis. This $500k will contain a small reserve for unforeseen expenditure and capital
replacement issues. The cost is divided amongst the 38 user agencies currently on the
system. There are 14 prime user agencies with the 38 agencies. Avon is considered one of
the prime agencies.
In 2010 this costing structure has changed. The county requires a sustained method of
equitably sharing the cost amongst user agencies. The main principle for this costing
structure is based on actual usage of the radio system by the user agencies. For Town
departments it increased the costs for
PD from $12,350 to $21,360
Transit/Fleet from $7,150 to $9,720
And slightly reduced PW /REC from $15,600 to $13,958
Note: These figures may be subject to slight variance.
Discussion: In the past the costing structure was calculated by estimating the yearly cost
and dividing that amount by the number of radios in the county (Both hand held and
vehicles). Agencies trying to address budget restraints decided to take radios off the system
in an attempt to save costs. However the cost of running the system is a fixed cost, so it has
caused funding issues.
This new costing matrix has been created after a comprehensive analysis of the current
requirements and future needs of the county wide radio infrastructure. The costing matrix
factors in a flat rate based on agency size, subscriber maintenance costs based on number
of radios and actual radio usage.
The MOU also identifies an executive committee and a technical operations committee
which will provide Avon with voting rights.
The future cost of the system is currently being reviewed. There have been significant cost
savings in re negotiation of leases. There have been synergies with Holy Cross Energy who
operate 3 sites for their use. Also if and when the county migrates to a state digital system,
we will not have to continue to maintain 3 sites that are currently located outside Eagle
County but are serving Eagle County. The digital system will. These site consolidations may
reduce the sites from 13 to 8 for ongoing maintenance.
There was a discussion at one point to hand over the sites to the State for it to maintain, but
the State is primarily concerned with coverage along the 1 -70 corridor. This would provide
coverage issues on Metcalf and behind the Seasons building in Avon,
Use of the system is integral to the safety and security of our Town. We are centrally
dispatched on this radio system. This system allows PD officers to interact with all EMS
agencies in day to day operations.
Financial Implications: The costing equation contained in the MOU has increased costs to
the Town Of Avon. The costs for 2010 are $45,038 (includes all town departments). These
costs were previously discussed and acknowledged and the increases have been factored
into the current budget cycle.
Recommendation: Staff recommends adoption of the MOU.
Recommended Motion: I move to adopt the MOU between the Town of Avon and Eagle
County for operation of the county wide radio system.
Town Manager Comments:
• Page 2
AGREEMENT
FOR USE OF EAGLE COUNTY'S 800 MHz WIDE AREA SMARTZONE TRUNKED
RADIO SERVICES
THIS AGREEMENT ( "Agreement ") is made and entered into this _ day of , 2010,
by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by
and through its Board of County Commissioners ( "County ") and ( "User
Agency ").
RECITALS
WHEREAS, Eagle County has installed and maintained an 800 MHz radio system (the
"System") and is offering non - exclusive access of the System to other organizations including
governments, emergency service responders, and certain other special districts (all of which,
together, shall be referred to herein as "User Agencies" as listed in Exhibit A); and
WHEREAS, User Agency desires to use the 800 MHz System ( "System ") for intra jurisdiction
and inter jurisdiction communications; and
WHEREAS, in addition to permitting the User Agency access to the System, User Agency and
County desire to establish terms and conditions that will govern the participating organizations
use and access to the System; and
WHEREAS, additional organizations may be granted access to the System when the Executive
Committee determines that such access will be of benefit to the citizens and visitors of Eagle
County. These additional organizations shall be referred to as "Cooperating Agencies" and the
currently approved Cooperating Agencies are listed in Exhibit A.
NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree
as follows:
ARTICLE I
1.1 Cooperating Agency: Agencies who do not use the System as their primary radio system
but who do use the system to interoperate with User Agencies.
1.2 Executive Committee: A policy advisory group comprised of a representative from each
of the User Agencies.
1.3 Steering Groups: Groups who provide technical and/or policy guidance for operation of
the System. See Technical Operations and Executive Committee.
1.4 System Manager: An Eagle County employee, assigned by the Eagle County Manager,
to provide day to day management of the System.
1.5 Technical Operations Committee: An advisory committee made up of any representative
of agencies or entities who have an interest in the operation of the System.
1.6 The System: When the term "the system" is used in this agreement it is referring to the
800Mhz radio infrastructure which includes all radio transmitting and receiving sites and related
equipment
1.7 User: Any individual operating radio equipment on the System.
1.8 User Agency: Any agency who is approved to have radio equipment operating on the
System and who use it as their primary radio system.
ARTICLE II
TERM & TERMINATION
2.1 The initial term of this Agreement shall be the date set forth above through December 31,
2010. This Agreement shall automatically renew for one -year periods running from January 1
through December 31 of each consecutive year, unless this Agreement is otherwise terminated
in accordance with this Agreement or unless either party gives the other written notice of its
election not to renew no later than June 30 of the expiring term.
2.2 At anytime during the term of this Agreement, any party aggrieved of a material breach
of this Agreement may serve on the other party a written notice describing the breach. If an
attempt to cure the breach is not pursued within 30 days after the delivery of the notice, this
Agreement shall automatically terminate.
2.3 Upon termination of this Agreement, the User Agency shall immediately reprogram all of
its radios containing County template programming and SmartZone system parameters from its
equipment at its sole expense. Such reprogramming must be performed by Motorola or a service
provider approved by the System Manager as defined in Article IV of this Agreement.
2.4 For government entities only; notwithstanding anything to the contrary contained in this
Agreement, a government entity shall have no obligations under this Agreement after, nor shall
any payments be made towards the System in respect of any period after December 31 of this
Agreement's current year without an appropriation therefore by the government entity in
accordance with a budget adopted in compliance with all or any of the applicable following laws:
Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
§29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
ARTICLE III
THE 800 MHz SYSTEM
3.1 The System is a radio communications system which allows defined multi jurisdictional
User Agencies and Cooperating Agencies to communicate with one another throughout the
geographic reach of the system. System communications depend upon antenna/transmitter-
receiver sites which the County may lease and/or sublease from other entities. Said
aforementioned sites may be subject to leases of real property which may expire or be
terminated. In the event of an expiration or termination of a site lease, the System may become
limited in its geographic reach in which case the antennas /transmitter - receivers may need to be
relocated at the expense of the User Agencies and Eagle County. Furthermore, the System is
subject to electromagnetic and meteorological disruption and to electronic and mechanical
failure. The County cannot and does not guarantee the operability of the System as a whole or in
F?
any part of its geographic reach; however, the County will use its best efforts to maintain the
System.
3.2 The County at the County's discretion will from time to time continue to improve the
System. The County will seek input from the Steering Groups regarding any recommended
improvements.
3.3 The System shall be used exclusively by organizations that conduct operations as, or
directly affiliated with, public safety organizations, including but not limited to police activity,
code - enforcement, fire, and emergency & disaster response.
3.4 Any failure, impairment, delay, interruption to the use of the System due to an Act of
God or due to any other causes beyond the direct control of the County, shall not constitute a
breach of this Agreement and the County shall not be liable for any injuries, damages, or losses
of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or
interruption.
3.5 By entering into this Agreement, User Agency accepts the System AS IS, as it presently
exists subject to the foregoing limitations.
ARTICLE IV
THE 800 MHz SYSTEM STEERING GROUPS
4.1 The County will establish the 800 MHz Executive Committee ( "Executive Committee ")
for the purposes of assisting the County in administration of the System. The Executive
Committee will consist of one designated representative from each User Agency. Cooperating
Agencies will not be represented on the Executive Committee. Each User Agency shall submit
the name of their designated representative to the System Manager, who is identified below in
this Agreement, by January 31 st of each year. The Executive Committee may elect officers for
this committee consisting of a Chair, Vice -Chair and Secretary. The County Finance Director, or
his designee, shall serve as an advisor to the Executive Committee. The Executive Committee
shall meet at least once per year to ratify the following year's budget recommendation to be
made to the Eagle County Board of County Commissioners, and at other times at the request of
the Executive Committee Chair, Board of Eagle County Commissioners, or in accordance with
such bylaws as it may adopt.
4.2 The Eagle County Board of County Commissioners shall make all final budget decisions
related to the Eagle County 800 MHz system. The System Manager will present a proposed
budget to the Executive Committee no later than June 15'` of each year.
4.3 The Executive Committee shall also be responsible for coordinating with all User
Agencies and Cooperating Agencies regarding necessary appropriations to cover unforeseen
expenses.
4.4 There will be an 800 MHz Technical Operations Committee ( "Tech Ops Committee ") for
the purposes of assisting the System Manager in planning for the multi jurisdictional operation
of the System. The Tech Ops Committee will consist of representatives from the User Agencies
and the Cooperating Agencies. The Tech Ops representatives shall elect positions for this group
consisting of a Chair, Vice-Chair and Secretary. The Tech Ops Committee shall meet
periodically in accordance with such bylaws as it may adopt, and subject to any request made by
3
the System Manager, the Executive Committee Chair, or the Board of County Commissioners.
4.5 The Executive Committee and Tech Ops Committee are advisory boards to the Eagle
County Board of County Commissioners, and are not independent legal entities.
ARTICLE V
RADIO SYSTEM FEES
5.1 The Executive Committee will annually review the operating cost of the system and
recommend the system budget to the Board of County Commissioners. User fees will then be
determined for the following calendar year based upon the formula approved by the User
Agencies in December of 2009, which formula is attached hereto as Exhibit `B" and
incorporated herein by this reference.
Recognizing that the costs and revenues from operation of the System must be incorporated into
the annual County budget, and the annual budgets of all User Agencies, the Executive
Committee will make its budget recommendation to the Eagle County Finance Director and all
User Agencies by July 15th of each year, or as soon thereafter as is practicable.
monthly 08% A.P.R.). Failure to remit payment within 90 days of the invoice date will be
construed as a material breach of this agreement.
ARTICLE VI
SYSTEM COORDINATION
6.1 A "System Manager" shall be an Eagle County employee and shall be appointed by the
Eagle County Manager.
6.2 The System Manager will take recommendations from the radio system Tech Ops
Committee and will supervise and/or coordinate all work performed on the System.
6.3 Each User Agency shall designate a "Radio Coordinator" who will serve as the point of
contact between the User Agencies and System Manager. A designation of the Radio
Coordinator shall be made by notice in writing to the System Manager, and may be changed at
User Agency's discretion by written notice to the System Manager.
6.4 The System Manager is responsible for reviewing and approving template designs for all
User Agencies.
6.5 Neither a User Agency nor any employee, representative, agent or volunteer thereof may
change talk group names, talk group functions, talk group aliases or any other programming
without the recommendation of the Tech Ops Committee and the approval of the System
Manager, who shall approve the change unless it will or may disrupt use or management of the
System.
4
6.6 Only persons approved by the System Manger will be allowed to program a User
Agency's radios and other equipment.
ARTICLE VII
EQUIPMENT
7.1 No equipment may be installed at any remote site, including the master site, by any User
Agency without the express written consent of the System Manager. User Agencies, through user
fees, support the operation and maintenance of remote site equipment. Remote site equipment
includes, but is not limited to: antennas, transmission lines, RF repeaters, microwave and land -
based transport and multiplexing equipment, power supplies and backup power generation and
storage. Also included are the central zone controller, servers and interface equipment at the
master site. The cost of maintenance, repair and regularly scheduled replacement of these
components is a part of the system budget. It is possible that lightning, wildfire, wind, flooding
or other natural events as well as arson, sabotage or other acts of man may cause significant
damage to multiple pieces of equipment at a site, or render the entire site inoperable. Should this
occur, and replacement cannot be funded from insurance or the general operating budget, an
appropriation and special assessment may be requested by the System Manager and ordered by
the Executive Committee.
7.2 User Agency is solely responsible for the compatibility of its equipment with the System,
even if that equipment has been approved by the System Manager, whose approvals are not
intended to and do not constitute a promise or warranty of compatibility. User Agency
acknowledges that the System is proprietary technology, and that equipment by other
manufacturers (and some Motorola equipment) may not be compatible. User Agency
acknowledges that it has familiarized itself with the technical characteristics of the System and of
the types of equipment compatible with it.
7.3 All radio units must be approved by the System Manager before they are used on or
programmed for use on the System.
ARTICLE VIII
PROGRAMMING
8.1 Programming requires one radio template for each model of radio and each feature sets in
that radio. All patches, permanent or temporary, to conventional (UHF/VHF) radio channels
must be approved by the System Manager before they become operational, including patches
controlled by Public Safety Electronics Banks, 800 MHz Control/Desktop Stations, Mobile and
Portable Radios.
ARTICLE IX
SYSTEM RULES OF USE
9.1 FCC RULES
Eagle County holds licenses from FCC for the operation of the System. User Agency and its
employees, representatives, agents and volunteers shall comply with the all terms of the license
and all federal, state, local laws, and orders and regulations with respect to the User Agency's
E
use of the System.
9.2 SCAN
User Agency will use the Radio "SCAN" feature at its own risk. The County is not responsible
for loss of radio traffic to the User's radio when using scan and roaming throughout the network.
9.3 DISABLING RADIOS
It is possible for a User Agency's radio to "drag" voice traffic to a radio site, thus causing
unnecessary power consumption and system loading. The System Manager reserves the right to
disable a radio from one or more sites when the System Manager or Technical Operations
Committee determines that a radio is having an adverse impact on the radio system.
9.4 INTERFERENCE
After initial installation, should any interference result from the User Agency's operation of its
equipment the County may order corrective measures which may include deactivating the
equipment. Use and activities which are or may be causing the interference shall be deactivated
as soon as practical but no longer than two (2) days after being notified by the System Manager.
The User Agency shall be responsible and shall assume the cost of corrective measures needed to
eliminate the interference to the satisfaction of the System Manager.
ARTICLE X
SECURITY
10.1 User Agency may not loan, issue or assign any radios on a permanent or temporary basis
to any outside person(s) or organization without a written authorization by the System Manager.
10.2 No radio service software ( "RSS ") modifications can be made to the units or central
electronics (CEB) consoles without the written approval of the System Manager. These
modifications include the System ID number, control channels, connect tones, call alert
parameters, secure parameters, emergency channels, as well as options in future RSS software
releases not listed herein. User Agency will be responsible and will assume the cost of the
corrective measures needed to eliminate System problems due to any unauthorized radio
software modifications.
ARTICLE XI
MISCELLANEOUS
11.1 This Agreement shall be governed and construed in accordance with the laws of
Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be
in the State of Colorado District Court in and for Eagle County, Colorado.
11.2 This Agreement, and the rights and obligations created hereby, shall be binding upon and
inure to the benefit of County and User Agency. Nothing herein expressed or implied is
intended or should be construed to confer or give to any person or entity other than County or
User Agency, any right, remedy or claim under or by reason hereof or by reason of any covenant
or condition herein contained.
2
11.3 If any portion of this Agreement is held invalid or unenforceable for any reason by a
court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its
unenforceability shall not affect the remaining provisions; such remaining provision shall be
fully severable and this Agreement shall be construed and enforced as if such invalid provision
had never been inserted into this Agreement.
11.4 This Agreement may be amended, modified, changed, or terminated in whole or in part
only by written agreement duly authorized and executed by both County and User Agency. This
Agreement represents the full and complete understanding of County and User Agency and
supersedes any prior agreements, discussions, negotiations, representations or understandings of
County and User Agency with respect to the subject matter contained herein.
11.5 The parties hereto agree that neither has made or authorized any agreement with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees hereto.
11.6 All of the covenants herein contained shall be binding upon and inure to the benefits of
the parties hereto, their respective successors and assigns.
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its Board of County Commissioners
ATTEST: By:
Sara J. Fisher, Chairman
Clerk to the Board
TOWN OF AVON,
by and through its Town Council
ATTEST: By:
Ronald C. Wolfe, Mayor
Town Clerk
15
Exhibit A
User Agencies
Cooperating Agencies
Eagle County Government
Basalt & Rural Fire Protection District
Eagle County Health Service District
Colorado Department of Transportation
Eagle County School District
Colorado State Patrol
Eagle River Fire Protection District
Federal Bureau of Investigation
Eagle River Water & Sanitation District
United States Forest Service
Greater Eagle Fire Protection District
Vail Resorts
Gypsum Fire Protection District
Cordillera Public Safety
Rock Creek Fire Department
Lone Star Security
Town of Avon
Valagua Metropolitan District
Town of Eagle
Town of Minturn
Town of Vail
Vail Valley Medical Center
Western Eagle County Ambulance District
21
Exhibit B
Radio System Invoicing Formula
We have instituting a tiered funding formula for the Eagle County 800NIHz system beginning
with the 2010 budget year.
1. Funding for the anticipated radio infrastructure maintenance cost of $408,235 will be
based on the percentage of radio system usage with the system logs for each talkgroup on
a weekly basis. Weekly usage percentages have been averaged for each agency talkgroup
and the dispatch talkgroups which will be divided amongst the agencies who are the users
of that dispatch talkgroup based upon their percentage of dispatch center use.
2. Subscriber unit (radios) maintenance will be based each year upon the current cost of the
depot service contract. For 2010 the cost is $90 per radio.
3. A contingency fund may be created in later years based upon a capital assessment added
to the user agency's fee. Shown as an additional percentage added to the annual fee
4. A Foundation Fee schedule based upon the user agency's inventory (See Table)
❑
1— 5 units
$500
❑
101 -125 units =
$26,000
❑
6 -10 units
$2,000
❑
126 -150 units =
$34,000
❑
11 -25 units
$4,000
❑
151 -175 units =
$40,000
❑
26 -50 units
$8,000
❑
175 -200 units =
$46,000
❑
51 -75 units =
$14,000
1 ❑
201+ Units
$52,000
❑
76 -100 units =
$20,000
The user agencies inventory on January 0 will constitute the means for Foundation Fee
Calculation. Any agency adding to their inventory during the year will be pro-rated a fee based
upon the remaining portion of the year multiplied by the agency's average fee per radio.
Agencies will not receive a refund for reducing their inventory.
22
Memo
To: Mayor & Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Asst. Town Manager Mgmt Services
Date: July 22, 2010
Re: Public Hearings for Outdoor Use of Amplified Sound Applications
Summary:
Public Hearings will be held on the following amplified sound applications:
1. Applicant Name: David Wieder
Event Name: BecTri Event
Event Date: August 8, 2010
Amplified Sound Times: 7:45 AM until 2 Pm
2. Applicant Name: Frank Osurio
Event Name: American Crown Circus
Event Date: August 13, 14, 15, 2010
Amplified Sound times: Fri. / Sat. 5 pm until 8 pm; Sun. 4 pm until 6 pm
Both the above referenced events will utilize an amplified sound system. A public hearing is required
on Outdoor Use of Amplified Sound for events that will be using amplified sound before 9:00 AM or
after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter 5.24.020). These events will utilize
amplification sound systems to help provide entertainment, organize & inform the participants and
spectators throughout the morning.
Discussion:
Please find attached a memo from Special Events staff (Danita Chirichillo) and the application and
maps for the event. The public notices were printed in the Vail Daily noting the public hearings.
Financial Implications:
The applicants have submitted the $25 processing fee for the amplified sound permit & the related
fees with the Recreation Department.
Town Manager Comments:
Attachments:
✓ Memo from Special Events
✓ Applications for Outdoor Use of Amplified Sound Equipment
MEMORANDUM
TO: Meryl Jacobs — Director of Recreation and Cultural Services
Department Heads
FROM: Danita Chirichillo — Special Events Supervisor
DATE: July 13, 2010
REGARDING: Special Event Permit Application
Staff has received a 2010 special event permit application for the third annual BecTri
Sprint Triathlon. Following are the event details:
Event Date: Saturday, August 7
Event Times: 8:00 a.m. start; two waves broken down by swim time. Entire event
should be done by approximately 2:00 p.m.
Event Re -Can: This triathlon event starts with a 400 meter swim in Nottingham Lake
followed by the bike transition which takes place on the main athletic field. Participants
mount bikes at the north east corner of the field and head north on Lake Street turning left
on W. Beaver Creek Blvd to Hwy 6. Participants turn right on Hwy 6 and head west on
Highway 6 into the Singletree neighborhood. After a short ride through Singletree
participants head back toward Avon on east bound Highway 6 turning left onto W.
Beaver Creek Blvd and right onto the recreation path located behind Avon Elementary
School and into the park on the north side of the lake. They enter into the run transition
and head out on the recreational path on the south side of the lake, onto W. Beaver Creek
Blvd. behind AES and turn left onto the Eagle River recreational path turning around at
Bob the Bridge and coming back the same route. See attached course maps.
All of the proper permits for sound, police and state patrol have been completed and
turned it to the appropriate departments /agencies.
Event Needs: This event requires support from staff with installation of event fencing
for transition, course guidance, placement of event portable units, use of and
installation/removal of Town tents, hiring of lifeguards and use of paddleboats, etc.
"Attachment G" will be forwarded to the appropriate departments upon approval of
application. Insurance is in place and fees have been received.
Recommendation: This is a fantastic event promoting and fundraising for a beloved
and missed member of the Vail Valley... Rebecca Yarberry. Last year the organizers did
a fantastic job with approx. 212 registrants. Participants came from Eagle County as well
as the front range. I think this event truly speaks to our mission and I would highly
recommend moving forward with the approval process.
/r r TOWN OF AVON
PERMIT APPLICATION
Avo N FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
C O L O R A D O
*FEE: $25 FEE FOR PUBLIC NOTIFICATION COSTS.
*THIS APPLICATION MUST BE SUBMITTED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S)
TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL
PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING.
DATE OF APPLICATION: 4 / 3 'b / 2.D/ 0
NAME OF APPLICANT 6 at J wf W KCLef
REPRESENTING BUSINESS /ORGANIZATION 96,e,� "r�I
TELEPHONE NUMBER q79 - 5 Z �554`i _
ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED
PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM `fin dadress �S i ►n1�t(q�f�Q
tt 5 d
DATES AND TIMES OF PROPOSED USE $ 17 f-ZO 16 A ,O Li Is WV\- ` z Pte.
*ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT
AND DIRECTION OF SOUND PROJECTION.
I \--J.:A `1 Ito/ 2,01 Q
SIGNATURE OF APPLICANT DATE
-�o [bm pot-t% A= V, . co ®I c)-o
MAILING ADDRESS OF APPLICANT
APP D:
SPECIAL EVENTS SUPERVISOR DATE
1"'7V�C
TOWN CLERK
Paid c lr as
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Page 6
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MEMORANDUM
TO: Meryl Jacobs — Director of Recreation and Cultural Services
Department Heads
FROM: Danita Chirichillo — Special Events Supervisor
DATE: July 20, 2010
REGARDING: Special Event Permit Application
Staff has received a 2010 special event permit application for the annual American
Crown Circus. Following are the event details:
Event Date: Friday, August 13 through Sunday, August 15
Event Times: Two shows each on Friday and Saturday at 5:00 and 7:00 p.m. Two
shows on Sunday at 4:00 and 6:00 p.m.
Event Re -Cap: This is a family owned circus of acrobats, jugglers, dancers, etc. No
exotic animals. Each circus performance is approx. 1.5 hours in length. They sell
concessions such as popcorn, bottled water, cotton candy, toys, etc. They distribute
discount tickets through out the community which allow children under 12 in for free
with paying adult. Tickets for adults are $12 in advance and $15 day of. If a customer
does not have a coupon for free child admission the fee is only $5.00. The Town receives
20% of advance ticket sales and 15% of day -of ticket sales. The Town received $3,000 in
revenue from the percentage of ticket sales in 2009. The event moved to a weekend this
year which should increase attendance /revenue even more.
Event Needs: This event requires support from staff to mark irrigation on main athletic
field for the "big top" tent and ticket takers for all shows which is handled by the special
events staff. This event needs to be overseen from an "aesthetic" standpoint because of
camping trailers, pets of performers, power cords, etc. The event staff will work closely
with the parks staff to ensure town guidelines are enforced. Insurance is in the works and
fees have been received.
Recommendation: This event is a nice event to have for our Hispanic community as the
emcee speaks in both English and Spanish and the event is heavily attended by the
Hispanic community. I recommend moving forward with this event.
�i TOWN OF AVON
PERMIT APPLICATION
AVON . FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
C O L O R A D O
*FEE: $25 FEE FOR PUBLIC NOTIFICATION COSTS.
*THIS APPLICATION MUST BE SUBMITTED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S)
TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL
PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING.
DATE OF APPLICATION:
NAME OF
REPRESENTING BUSINESS /ORGANIZATION L; 12 jG/J N ° ; �v ✓� L'. / /2 (�, %4' S
TELEPHONE NUMBER y .
ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED / n L) NC h
PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
e �5
DATES AND TIMES OF PROPOSED USE Qy C ".) S 'I— ! 3, / q
*ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION
AND DIRECTION OF SOUND PROJECTION.
s�
SI RE OF APPLICWlf
lc�yp
y
DATE
oc> P J' e145 -1- 9 -/j
MAILING ADDRESS Of APPLICANT
APPROVED:
SPECIAL EVENTS SUPERVISOR
TOWN CLERK
Please acknowledge that each page is satisfactory by initialing:
DATE
Page 6
DATE
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C O L O R A D O
ATTACHMENT F
ON THE APPROPRIATE MAP, PLEASE INDICATE THE LAYOUT OF YOUR EVENT. INCLUDE PROPOSED CLOSURES, MARSHALS,
TENT SET UPS, VENDOR PLACEMENT, STAGING, POWER SOURCES, ETC. FOR MAPS PLEASE CONTACT SPECIAL EVENTS
SUPERVISOR 970- 48 -4032. I v o • L � P fS � 011A VVI P 14 e 14'
Qc.,S r - ,�g
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TOWN OF AVON, COLORADO VON
AVON WORK SESSION MEETING FOR TUESDAY, JULY 27, 2010 , >
MEETING BEGINS AT 4 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
4:00 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
4:00 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES
a. Financial Matters (Scott Wright, Asst Town Manager Finance) Memo Only
4:00 PM -4:30 PM 3. "A WATER PROVIDER'S PERSPECTIVE ON THE WATERSHED" (Linn Brooks,
ERWSD) Review materials that outline mission of ERWSD & UERWA
4:30 PM -5:15 PM 4. 2011 CAPITAL IMPROVEMENT PROGRAM 5 YEAR PLAN - PRELIMINARY PROJECT
SCHEDULE WITH CORRESPONDING REVENUES AND EXPENSES (Scott Wright, Asst.
Town Manager Finance, Justin Hildreth, Town Engineer) Review proposed capital
projects for 2010, both non discretionary & discretionary projects
5:15 PM 5. ADJOURNMENT
Avon Council Meeting. 1 0.07.27.doc
Page 1 of 3
FINANCIAL MATTERS
July 27, 2010
1. YTD Building Revenue Report Actual vs Budget - June
2. Detail - Real Estate Transfer Taxes - June
3. Accomodations Tax Worksheet Actual vs Budget - May
4. Sales Tax Worksheet Actual vs Budget - May
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2010
Purchaser Name Property Amount Received
May -10
255,908.87 $
The Gates at
Riverfront PUD Beaver Creek
950,803.60 $ -
Land Title Guarantee
Falcon Pointe 112 -30
17.86
Land Title Guarantee
Falcon Pointe 201 -9
170.00
Land Title Guarantee
Falcon Pointe 212 -33
45.00
Land Title Guarantee
Falcon Pointe 313 -21
17.86
Land Title Guarantee
Falcon Pointe 404 -50
50.00
Title Comp Rockies
Mtn. Vista 22 -10
218.00
Title Comp Rockies
Mtn. Vista 23 -10
477.00
1st American Title
Mtn. Vista 1705 & 1707 -07
180.00
Vladimir Panev & Daniela Georgieva
Sunridge @ Avon A -305
840.00
Tiffany Lynn Loman
Sunridge @ Avon D -207
300.00
Datshiri & Yankee Sherpa
Sunridge @ Avon E -204
1,480.00
Travis M. Stephenson
Sunridge @ Avon II P -202
100.00
Gregory E. Dunn
Avon Lake Villas D-4
5,600.00
Peter Robinson & Kimberly Ouellette
Avon Lake Villas H -2
5,600.00
Land Title Guarantee Company
Avon Town Square Comm III
4,745.62
Heather M. Lewis
Avon Crossing 113302
2,740.00
Virginia Klyce
Lot 16 Blk 4 WR
4,600.00
Ticor Title Ins
Riverfront 22 -10
4,161.80
Ticor Title Ins
Riverfront 23 -10
3,031.90
Ticor Title Ins
Riverfront 24 -10
6,635.90
Ticor Title Ins
Riverfront 25 -10
5,505.20
Michel & Francoise Michno
Riverfront 230
4,875.00
WMKM, LLC
Riverfront 249
14,880.00
Total June Revenue $27,181.34 $39,089.80
Total YTD Revenue
Total 2010 Budget
283, 090.21 989, 893.40
1,000,000.00 1,091,798.00
Variance, Favorable (Unfavorabl( $ (716,909.79) $ (101,904.60) $ -
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Memo
To: Avon Town Council
From: Linn Brooks, Assistant General Manager
Date: 7/22/2010
Attached please find an abstract and diagram to provide background to Council
members prior to the July 27, 2010 presentation entitled "A Water Provider's
Perspective on the Watershed ".
CADocuments and Settings\pmckenny \Local Settings \Temporary Internet Files \Content.0utlook\FVKN44AVNAvon
Town Council Presentation 7- 27.doc
A Water Provider's Perspective on the Watershed
Presentation to the Town of Avon Council
July 27, 2010
ABSTRACT
The snowpack and stream flows in the Eagle River watershed support the economy of Eagle
County: skiing, real estate development, golfing, fishing, boating and ranching. It is the
incredible beauty of the Eagle River and Gore Creek valleys that attracts both tourists and
residents. We can protect our environment and our economy by recognizing and strengthening
the connection between the two.
The mission of the Eagle River Water & Sanitation District and the Upper Eagle Regional Water
Authority is to provide efficient, effective and reliable water and wastewater utility services in a
manner that respects the natural environment. More simply stated, these entities are
expected, both by the State and our customers, to provide a safe, reliable water supply, to
support our community, and to protect our environment. This expectation exists even in
extreme circumstances, such as drought. To fulfill our mission and meet expectations, water
providers are natural stewards of the watershed and stream flows.
The water supply that the District and Authority use to provide water to its customers comes
from the Gore Creek and the Eagle River. These streams are fed by precipitation and snowmelt
within the Eagle River basin, or watershed. Water uses result in 'depletions', defined as the
difference between the water diverted from the stream and the water returned to the stream
after use. This depletion is replaced (augmented) by releases from water storage reservoirs in
order to "make the river whole." Prior to 1992, no in -basin storage existed in the Eagle River
basin; augmentation came from reservoirs located outside of the basin. However, the
depletions from uses within the basin directly impact the stream flows through Eagle County
communities. In -basin reservoir storage therefore became an important strategy to protect
stream flows. This strategy is outlined in the 1994 Eagle River Assembly Report. The District
and Authority have developed over 4,000 acre feet of in -basin storage to date, and have
surpassed the storage required to meet the first objective of the Eagle River Assembly (see
attached diagram).
Stream flows can be affected by other factors besides diversions and depletions. Natural
fluctuations, climate change, and urbanization threaten the stream's base flows, on which
water users and the aquatic environment depend during low precipitation periods. Because
many of these threats are out of our control, stewardship is more than just the right thing to
do, it is essential to a water provider's ability to fulfill its mission.
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Approved: Sally Vecchio, Asst. Town Manager — Community Development
From: Scott Wright, Asst. Town Manager — Finance
Justin Hildreth P.E., Town Engineer
Date: July 22, 2010
Re: 2011 Capital Improvement Program 5 — Year Plan
Preliminary Project Schedule with Corresponding Revenues and Expenses
Summary: The draft of the Town of Avon Capital Improvement Program (Draft CIP) Fund 5-
Year Plan (Exhibit A) is attached for review and comment by the Town Council. The revenues
projected in the Draft CIP have been updated to reflect the current development activity
within the Town and the Riverfront PUD, as well as incorporating project recommendations
and projected costs. The projected expenses are based on updated cost estimates of
proposed projects. Projects identified in adopted planning documents such as Harry A.
Nottingham Park Master Plan, Comprehensive Transportation Plan and the Recreation Trails
Master Plan are included in the Draft CIP.
This proposed budget reflects a fund balance through the planning period as summarized
below. It should be noted that it is prudent to maintain a healthy fund balance because of
the uncertainty in the cost estimates and the difficult economic climate.
YEAR
FUND BALANCE
2010
$ 3,036,237
2011
$ 1,487,353
2012
$ 1,034,934
2013
$1,051,297
2014
$ 2,722,540
2015
$ 3,899,663
This Draft CIP budget is intended to provide a starting point for Council discussions and will
provide the basic information to begin development of the 5 -Year CIP for adoption in the
2011 Budget. Staff will continue to revise and refine the various project budgets as the
individual projects become better defined and as additional information is accumulated.
Discussion: There are several new projects included with this budget. They include Fuel
Depot Replacement, the Eagle Valley Trail segment on US 6 between Avon Road and Post
Blvd, and several trails listed in the Recreational Trails Master Plan. Most of these projects
are spread across the 5 year period because of the low revenue projections as a result of the
economic downturn. The Public Works and Transportation Facilities Improvement Project,
20115 -Year Capital Improvement Program
July 22, 2010
Page 2 of 3
Photovoltaic System at Swift Gulch, and the Eagle Valley Trail bridge across the Eagle River
adjacent to Avon Road are contingent on receiving adequate grant funding. The cost
implications of the projects are summarized in Exhibit A.
Proposed projects added to this 5 -Year Capital Improvement Program include:
NON- DISCRETIONARY PROJECTS
Fuel Depot Replacement 2011 $ 55,000
US 6 Trail from Avon Road to Post Blvd 2012 $ 330,000
H.A. Nottingham Park Repairs (Backstop, Cabin Roof, Tennis Courts)
2011 $ 100,000
DISCRETIONARY PROJECTS
F.S. Access & Drainage Improvements 2011 $ 25,000
Town Center Parking Study 2012 $ 50,000
Metcalf Road Retaining Wall Stabilization 2015 $ 100,000
Buck Creek Trail Improvements 2015 $ 150,000
GRANT FUNDED PROJECTS
US 6 Trail from Avon Road to Post Blvd (Town Share) 2012 $ 300,000
Total Project Cost $1,100,000, Grant Received
Eagle River Trail Bridge at Avon Rd (Town Share) 2013 $ 300,000
Total Project Cost $900,000, Grant Not Received
Swift Gulch Photovoltaic System 2013 $ 250,000
Total Project Cost $1,250,000, Grant Not Received
On -going & Previously Discussed Projects include:
Annual Paving/Road Improvements Program
Community Heat Recovery Project
Metcalf Road Drainage Improvements and Bicycle Climbing Lane, Phases 1 and 2
USFS Land Acquisition
H.A. Nottingham Park Improvements outlined in Master Plan
Recreation Trail Master Plan
General Planning & Consulting
Staff believes that this Draft CIP represents a well - balanced program that addresses major
improvements to keep the Town progressing while also addressing the pragmatic
infrastructure needs required to satisfactorily operate and maintain all municipal functions
and facilities. Staff will be prepared to address questions regarding the proposed projects
and schedule and looks forward to Council's input and direction with respect to this prograrn.
20115 -Year Capital Improvement Program
July 22, 2010
Town Manager Commend:
Attachments:
Exhibit A - Town of Avon Capital Improvement Project Fund 5 -Year Plan
Exhibit B - Project Descriptions
Page 3 of 3
EXHIBIT A
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TOWN OF AVON
2011 CAPITAL PROJECTS FUND 5 -YEAR PLAN
PROJECT DESCRIPTIONS
(Non - Discretionary Projects)
FACILITIES
EXHIBIT B
Fleet Maintenance Building Control Systems
Description: The Fleet Maintenance building currently does not have a control system
computer and software to operate the HVAC system. As a result, it is not
possible to properly manage the HVAC system operations and adjust the
controls. It is expected that a properly operating control system will
provide for energy savings and improved control of the building's HVAC.
Status: The project will commence in 2011 and Staff is looking at potential grant
options because the project will result in reduced energy consumption.
Budget: 2011 $100,000
Fuel Depot Improvements
Description: Replace existing steel diesel and gasoline tanks located west of Town
Hall and east of the Parks Maintenance Building with code - conforming
fuel dispensary. A set of double - walled pad- mounted concrete tanks,
leak detection monitoring, automatic shut -off valves, emergency shut off
protection, fire suppression, and electrical
modifications are needed. Staff is evaluating
potential to re- locate this function to just
south of the Parks Maintenance Bld. to
improve screening and security. New tanks
will be movable via trailer if ever needed.
Status: High need, safety - critical project.
Budget: 2011 $60,000 (design, construction)
Section I, Page C -26
LAND AND LAND IMPROVEMENTS
Forest Service Land Acquisition
Description: Participation with the US Forest Service, Eagle County, the Colorado
State Land Board, and the Eagle Valley Land Trust, in a series of land
exchanges that will permanently protect 2,140 acres of public lands.
Status: It is unknown whether funds will be needed until appraisals have been
completed on the various properties. The budget includes funds for the
preparation of a preliminary and final appraisal of Forest Service parcels
which collectively contain approximately 555 acres; the previously
annexed "Parcel B" property on the northwest corner of Town containing
approximately 475 acres; and the Forest Service parcel adjacent to the
Village at Avon subdivision "Planning Area M" containing approximately
80 acres.
Budget: 2011 $ 1,000,000
Nottingham Park Capital Improvements
Description: This project will make capital improvements to amenities within Harry A.
Nottingham Park. Those improvements include a new roof for the Cabin,
a new backstop for the softball field, and improvements to the tennis court
surface and fence.
Status: These improvements are nondiscretionary and are needed to maintain
the existing park amenities.
Budget: 2011 $100,000
ROADS AND STREETS
Street Improvements:
Annual Paving /Road Improvements
Description: This project is the Town's annual street resurfacing and pavement
maintenance program, generally consisting of asphalt overlays and
related surface treatments such as curb and gutter, storm drainage repair,
guardrail adjustment, etc., where applicable.
Status: Projects will be determined annually based on various existing street
conditions with a 10 -year pavement surface lifespan typically used as a
'rule of thumb.' The 2011 street project is included with the Metcalf
Bicycle Climbing Lane Phase 1.
Budget:
2011 $ - - --
2012 $ 400,000
Section I, Page C -26
2013 $ 500,000
2014 $ 500,000
2015 $ 500,000
East Beaver Creek Boulevard Overlay
Description: Traer Creek Metropolitan District (TCMD) is obligated to construct
extensive Streetscape Improvements including Traffic Control Medians,
Sidewalks, Pedestrian Areas and Bicycle Lanes from the end of the
existing 5 -lane section to the Village at Avon Connection by December
31, 2009. It is likely that these improvements will not occur in a timely
manner, and the condition of the roadway dictates that improvements
need to occur by 2012. This project consists of an asphalt overlay,
lighting improvements, correcting discontinuous sidewalks north of
Beaver Liquors, and minor drainage improvements. These improvements
are the minimum required to maintain the road and do not include the
extensive streetscape improvements that are required of TCMD.
Status: If TCMD can complete the streetscape improvements prior to 2012, this
project will not be required.
Budget: 2012 $ 250,000
Multi -Modal /Alternative Mobility:
Metcalf Bicycle Climbing Lane Phases 1 and 2
Description: This project is combined with the Metcalf Gulch Drainage Improvements
because extensive road reconstruction will be required as part of the
drainage improvements. Phase 1 of the Metcalf Bicycle Climbing Lane
project is to be constructed concurrently with the Metcalf Gulch
improvements. The extent of Phase 1 is from Nottingham Road to
Wildwood Road. The second phase of this project is to complete the
bicycle climbing lane from Wildwood Road to Old Trail Road. The road
cross section will be similar to the already - implemented Wildridge
improvements and will consist of two eleven -foot wide lanes and a six -
foot wide bicycle climbing lane. Staff is recommending that it be
constructed in 2011 and 2012.
Status: The project was designed to preliminary level in 2008 and final design
was started in 2010.
Budget: 2011 $ 750,000
2012 $ 450,000
US 6 Trail — Avon Road to Post Blvd
Description: The Town of Avon, the ECO Trails Department, and Eagle -Vail
Metropolitan District partnered to obtain a grant application to construct a trail on the
north side of US 6 from Avon Road to Post Blvd. The entities received a $355,000 grant
from CDOT for the project from the 2012 to 2014 enhance grant program. This is the
first part of a three phase project. The other two phases are a bridge across the Eagle
River adjacent to Avon Road and extending the trail from Post Blvd to the 1 -70 Eagle -Vail
interchange.
Status: Project is funded and design will start in 2011.
Budget: 2011 $ 30,000
2012 $ 300,000
Section I, Page C -26
WATER FUND PROJECTS
Drainage — W. Beaver Creek Blvd. (1 -70 to Railroad)
Description: This project consists of stormwater improvements per the Metcalf Gulch
conceptual report prepared in 2001. Drainage improvements will involve
addressing a small sub -basin referred to as Basin II in the Master
Drainage Study by conveying stormwater flow from a 30" diameter pipe
beneath Interstate 70 south along West Beaver Creek Boulevard onto the
existing drainage adjacent to the Railroad Crossing. The current system
is only prepared for approximately a 10 -year event, and events exceeding
10 -year flows have impacted nearby residences and roadways.
Status: The design was completed in 2007. This project has been postponed to
2014.
Budget: 2014 $ 350,000
Funding: Transfer from Water Fund
Drainage — Metcalf Gulch
Description: Improvements along Metcalf Road to maintain storm drainage and reduce
erosion, per recommendation in Metcalf Drainage Study and Preliminary
Design. Street improvements, including a bicycle climbing lane, will be
included in the scope of the project and will be funded from the Capital
Improvement Fund budget as a separate line item.
Status: Staff attempted to remove Metcalf Gulch from U.S. Army Corps
jurisdiction, allowing for fewer permitting requirements and more design
flexibility, but it was determined that the flows in the upper reaches were
too constant for a de- listing. The project design will be completed in
2010. Construction will begin in 2011 in conjunction with a bicycle
climbing lane and asphalt overlay.
Budget: 2011 $ 800,000
Funding: Transfer from Water Fund
Nottingham Road Drainage Improvements
Description: This project consists of drainage improvements associated with the
drainage on Nottingham Road adjacent to Sherwood Meadows and
Chambertin Townhomes, and west to the church parcel on Lot 45. It will
include adding capacity and new culverts, allowing for drainage and
debris flows from north of Nottingham Road to freely reach culverts
beneath the Interstate 70 right of way. The downstream portions of these
improvements were constructed in 2001 with the Nottingham Road bike
path.
Status: The project is budgeted and will likely involve a partnership with local
homeowners' associations as they will be responsible for conveying
drainage up to the northern Nottingham Road right of way line.
Budget: 2013 $ 250,000
Funding: Transfer from Water Fund
Section I, Page C -26
Drainage Master Plan
Description: Update the Drainage Master Plan for the Town of Avon. The original
master plan was developed in 1994 and supplemented in 2001.
Status: The update would involve including the new development in the Town of
Avon and allow for the incorporation of the drainage improvements into
the GIS System. Incorporating the master plan into GIS will significantly
improve Staff's ability to access and manipulate data, ensure proper
maintenance, and incorporate new development as it occurs. This project
was originally budgeted for 2008 but has been delayed to 2010 and 2011
because of staffing issues.
Budget: 2010 $ 64,320
2011 $102,000
STRATEGIC PLANNING
Plannina & Consultin
General Planning and Consulting
Description: Consulting Services for Various Planning Projects That May Arise
Throughout the Year.
Status: Annual Budget Item to Address Miscellaneous Unscheduled Planning
Issues That May Occur During the Year.
Budget: 2010 $ 25,000 2013 $ 25,000
2011 $ 25,000 2014 $ 25,000
2012 $ 25,000 2015 $ 25,000
Parking Study — Town Center
Description: Develop a parking study that will analyze the recently adopted plans for
the Town Center area, update parking numbers, evaluate locations for structured
parking facilities and develop financing scenarios for the parking facilities.
Status:
Budget: 2012 $ 50,000
COMMUNICATIONS AND TECHNOLOGY
VOIP Telephone System
Description: VOIP, or Voice over Internet Protocol, is an internet -based phone system
that utilizes broadband internet connectivity for standard voice phone
communications. It offers increased speed, reliability, and decreased
operation and utility costs over standard phone service.
Status: This project was implemented in 2010 and will be completed in 2011.
Budget: 2010 $ 125,000
2011 $ 75,000
Section I, Page C -26
TOWN OF AVON
2011 CAPITAL PROJECTS FUND 5 -YEAR PLAN
PROJECT DESCRIPTIONS
July 21, 2010
(Discretionary Projects)
FACILITIES
Transit/PW Facilities Improvement Project
Description: The Town has completed 30% design documents for award of a design -
build contract for completion of a new public works facility at Swift Gulch.
The project consists of a new bus storage facility, administration
buildings, various shops and material storage buildings, and extensive
civil infrastructure work. The remainder of the project is contingent on
various grant funding sources.
Status: The project was approved by Planning and Zoning Commission and is
awaiting receipt of additional grant funding
Budget: 2011 $1,300,000
Bus Stop Improvements
Description: Bus ridership has been rising and is expected to continue to do so with
higher gas prices and more densification in Avon. To support the Town's
goals for transit - oriented development and public safety, bus stop
improvements are needed to provide amenities for riders (e.g., benches,
signs, lighting, schedule information, garbage cans, etc.) and to establish
a uniform appearance throughout town. In some cases, extensions of
asphalt and culverts are needed to add stops on opposite sides of the
street (e.g., West Beaver Creek Blvd). This CIP item provides a budget
for such improvements on the existing bus routes. Future expansion of
service to other areas would involve adding stops and associated
facilities; however this is not included at this time.
Status: The Comprehensive Transportation Plan (underway) will produce a
prioritized list of recommended transit bus stop improvements; a draft of
this plan will be ready in spring 2009. Bus stop improvement projects are
expected to be prioritized based on age and usage of existing amenities
as well as long -term plans for routes. For example, stops near Comfort
Inn and City Market would likely be recommended for improvements in
2009.
Budget: 2013 $ 50,000
2014 $ 50,000
Section I, Page C -26
LAND AND LAND IMPROVEMENTS
Harry A. Nottingham Park Program
Overview: The Town completed the Harry A. Nottingham Park Master Plan in 2008,
which identifies and outlines a series of improvements to the park that are
required either to maintain its current functionality or to address unmet
needs of the community. The Master Plan prioritizes the improvements
over a multi -year phasing plan. $3,000,000 is proposed over the next five
years to construct the highest priority projects outlined in the Master Plan.
Nottingham Park —Stage
Description: A Stage is proposed in the Master Plan that will be located immediately
north of the engineering wing of Town Hall. It will be used for existing
events in the park and be programmed for additional events that will
enhance the community. The stage will be at least 30 feet wide and 25
feet deep and include the associated electrical and back -of -house
facilities to operate the Stage.
Status: Contract documents are being finalized and the project will be bid out.
The project requires $100,000 of additional funding to start work.
Budget: 2010 $200,000
Nottingham Park — Lake Street to Nottingham Lake Promenade
Description: The Master Plan identifies the need to create a Main Street Extension, or
Promenade, from Lake Street to the lake shore near the pump house.
The extension will include a widened pathway comprised of different
pavement materials immediately north of the Municipal Building, with
improved landscaping, seating areas, lighting, and alcoves that can be
used for vendor or street fair booths. Elements from the Main Street
Design will be utilized for this area to provide an appropriate transition.
Status: $200,000 is programmed for the design and construction of the
Promenade in 2014.
Budget: 2014 $ 200,000
Nottingham Park — Zone C Improvements — Playground and Restrooms
Description: The Zone C improvements are located north of the soccer field and
comprise the sediment pond, irrigation channels, a playground, public
restroom, and a picnic pavilion. Improvements for Zone C include new
playground facilities, possibly relocated closer to the Recreation Center, a
new, larger group picnic pavilion, new furnishings, lighting, pathways, and
new year -round public restroom facilities.
Status: The first tier of Zone C improvements include a new playground closer to
the Recreation Center, a new Family Area closer to Nottingham Lake,
and a new public restroom facility. $1.8 Million is programmed for 2013
design and construction.
Budget: 2013 $ 1,800,000
Section I, Page C -26
Nottingham Park — West Restrooms
Description: Construction of restrooms on the west end of the park near the tennis
courts.
Status: Funds are budget for construction in 2015 and the project is considered a
medium priority for the park.
Budget: 2015 $ 250,000
Nottingham Park — Southwestern Pedestrian Connection
Description: Installation of pedestrian and trail facilities on the southwestern corner of
the park from the baseball fields to West Beaver Creek Blvd in the vicinity of the water
treatment plant and Union Pacific Railroad tracks.
Status: Funds are budgeted fOr 2014 and the project is considered a medium priority
for the park.
Budget: 2014 $100,000
ROADS AND STREETS
Streetscape:
West Beaver Creek Boulevard Streetscape Improvements (Lake St. to Avon Rd.)
Description: West Beaver Creek Boulevard was constructed based on higher than
current projected traffic volumes since it was built prior to construction of
the Post Boulevard interchange and the Eagle -Vail half- diamond
interchange. This resulted in a very large asphalt width two to three lanes
of traffic in each direction, and a shared turn lane. The lack of
development on Lot B also resulted in discontinuous sidewalk and the
lack of a proper street crossing at Sun Road. This project will reduce the
amount of vehicular lanes, add landscaping, additional lighting, median
islands, and crosswalks to enhance pedestrian mobility and safety. An
asphalt overlay will also be included as part of this project scope.
Status: The $75,000 programmed for 2012 includes design and $750,000
programmed for 2013 includes construction of the improvements from
approximately Avon Road to Lake Street.
Budget: 2012 $ 75,000
2013 $ 750,000
East Beaver Creek Boulevard Streetscape Improvements (Avon Rd. to BC Place)
Description: East Beaver Creek Boulevard was constructed based on higher than
current projected traffic volumes. This resulted in an asphalt width larger
than necessary to carry the current projected traffic volumes. This project
will reduce the amount of vehicle lanes and add median islands with
landscaping.
Status: The $25,000 programmed for 2014 includes design and the $250,000
programmed fro 2015 includes construction of the improvements from
approximately Avon Road to Beaver Creek Place.
Budget: 2014 $ 25,000
2015 $250,000
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Metcalf Road Cliff Stabilization
Description: The sandstone cliff above Metcalf Road just prior to the upper switchback
was not stabilized during its original construction. The cliff is made up of
loose sandstone that is steadily sluffing off and causing the lot
immediately above to gradually erode toward the existing structure's
foundations. This project will install a retaining wall to prevent further
erosion of the steep slope.
Status: The condition of the slope does not present an immediate concern.
Therefore, the design and construction of the project has been budgeted
for 2014.
Budget: 2014 $ 100,000
Forest Service Access & Drainage Improvements
Description: The existing national forest access located on Wildridge Road East is in
need of improved surface grading and ditches to control the storm water
runoff. Currently the storm water runoff drains into the ditch along
Wildridge Road East and plugs the adjacent ditch and its culverts with
sediment from the roadway. This access point and trail is not included in
the FS's long range transportation plan, and their intent is to close this
trail. Therefore, this project will include minimal surface and ditch grading
improvements to the roadway and install an inlet and culvert across
Wildridge road into the existing drainage easement.
Status: This project is budgeted for 2011 to address the ongoing sediment and
drainage issues at the intersection of the access road and Wildridge Road
East.
Budget: 2011 $ 25,000
Multi- modal /Alternative Mobility:
Recreational Trails Program:
Description: This project includes reclaiming social trails and repairing erosion issues
on Town and USFS land in areas including Nottingham Road, Saddle
Ridge, and Beaver Creek Point. The project also includes working with
CDOT on access and permitting requirements.
Status: This is an ongoing project and is being implemented by the Public Works
department.
Budget: 2009 $ 41,839
Nottingham Trail -Buck Creek Trail Connector
Description: This spur trail will connect the existing Nottingham Road Bike Path to the
Buck Creek Road /Nottingham Road intersection. The scope includes a
paved trail from path to Nottingham Road, pedestrian improvements at
the intersection, and pedestrian improvements from the intersection to the
Buck Creek Trailhead. A portion of this scope was originally proposed as
part of the postponed Nottingham Road improvement project.
Status: This project is scheduled for implementation in 2011.
Budget: 2012 $ 50,000
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Saddle Ridge Trail Restoration
Description: This project involves reclaiming and re- routing portions of the Saddle
Ridge Trail, identified in the Recreational Trails Master Plan, to a more
sustainable, non - erosive route.
Status: This project is included in the Recreational Trails Master Plan and is
scheduled for implementation in 2012.
Budget: 2014 $ 40,000
Minor Trail Restoration
Description: This project includes restoration and improvements of various minor trails
throughout and immediately adjacent to Avon.
Status: This project is identified in the Recreational Trails Master Plan and is
scheduled for implementation in 2012.
Budget: 2014 $ 40,000
Metcalf Recreational Trail and Trailhead
Description: This project includes construction of a new trailhead with parking,
signage, and other appurtenances at the Metcalf Road switchback
leading up Metcalf Gulch. It will require retaining walls, drainage
improvements, and extensive trail building and improvements in the area,
but will be an excellent addition to the Town's recreational trail network:
Status: This project is identified in the Recreational Trails Master Plan and
scheduled for implementation in 2013.
Budget: 2015 $ 250,000
Beaver Creek Overlook Trail Improvements
Description: This project includes resurfacing the Beaver Creek overlook trail, parking
lot and trailhead improvements, and a sun or picnic shelter at a lookout
point to Beaver Creek and beyond. This areas' combination of
accessibility and outstanding vistas will make it a popular destination.
Status: This project is identified in the Recreational Trails Master Plan and is
scheduled for implementation in 2014.
Budget: 2014 $ 250,000
Buck Creek Trail Improvements
Description: Construction of a gravel surface trail on the east side of Buck Creek from
Swift Gulch Road north to the existing Buck Creek trailhead.
Status: The land for this project was dedicated to the Town as part of the Buck
Creek PUD.
Budget: 2015 $ 150,000
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COMMUNICATIONS AND TECHNOLOGY
Toastmaster, Granicus, a -gov Projects
Description: The Toastmaster, Granicus, and a -gov projects consist of a Town Council
video recording system, an agenda -based web streaming system, and
miscellaneous record management, efficiency, and website
enhancements, respectively.
Status: The budgetary numbers are placeholders for use as technologies develop
and more specific Town requirements and goals are specified.
Budget: 2011 $ 50,000 2014 $ 100,000
2012 $ 100,000 2015 $ 100,000
2013 $ 100,000
Section I, Page C -26
TOWN OF AVON
2010 CAPITAL PROJECTS FUND 5 -YEAR PLAN
PROJECT DESCRIPTIONS
(Grant Contingent Projects)
FACILITIES
Public Works and Transportation Facilities Improvements
Description: This project involves construction of facilities at the Swift Gulch site and
the Traer Creek Village site to provide replacement of existing inadequate
temporary portable transit and public works maintenance facilities. ECO
Transit is a partner in this priority project.
This capital investment includes the following components: For Transit -
a transit bus storage building, administration offices, training room, locker
room, break room, underground parking, additional vehicle storage,
heated and unheated storage areas for parts and equipment, automated
wash bay, archive - document storage, site security, electronic file storage
for bus and site security digital films, CDL -B training course, parking for
transit foremen vehicles, unheated storage for bus shelter materials, and
yard storage. For Public Works — administrative offices, wood - working
shop, irrigation shop, electrical shop, vehicle and heavy equipment indoor
parking, equipment storage, bulk materials stockpiling, covered cinder
storage, greenhouse, paint/chemical storage, etc. plus shared occupied
spaces with the Transit Division (e.g., break room, locker room, etc.). For
Other Departments - police impound lot, document storage, computer /IT
repair shop, and yard storage for special events materials. The project
includes site work to maximize available town -owned land and
photovoltaic systems to off -set much of the on -site uses. The Town is
pursuing a LEED certification for the Administrative Building.
The project results in facilities that will allow the Town and the County to
continue to operate and maintain, as well as expand the existing public
transportation system for the next 20 -30 years as development
progresses toward the transit - oriented vision for this region as defined by
the Town and the County. It also results in facilities to allow the Town to
provide a reasonable level of service through 2025 for continued public
works maintenance (e.g., parks, fleet, roads, bridges, streetscapes, and
trails). This investment will positively impact annual operating costs by
reducing labor time and extending vehicle and equipment life; it will
reduce occupational hazards and improve the Town's storm water
management and hazardous material handling practices. Without this
project, the Town will not have sufficient "back -of- house" operational
facilities to satisfy the goals of the Comprehensive Plan nor the West
Town Center Investment Plan.
Status: Preliminary engineering and environmental permitting was prepared in
2008. Grant applications to CDOT and the Federal Transit Administration
were submitted for $14M to cover the transit portion of the project; awards
should be announced by end of 2010. An IGA with ECO Transit to share
in the design and construction costs is in preparation. No grant sources
Section I, Page C -26
have been identified for the Public Works portions; the Town expects to
pay for this portion of the project directly.
Budget: The schedule below is predicated on receiving grant funding and an
agreement with ECO regarding cost - sharing. Grant funds were
requested for Phases 1A and B to start construction in 2010, however,
there is a reasonable probability that such funds may be delayed such
that construction could not commence until 2012. The schedule and
funding plan below is staff's best estimate as to the probably timing and
local share of various phases. Costs have been escalated to the year
indicated in the first column.
Estimated Total Grant proceeds Town Local
Year Cost in Start Year (assumed) ECO Funds
2011 Design, phase 1 $ 1,300,000 $ $ 522,000 $ 778,000
2011 Design, temp. transit facilities @ Village site $ 300,000 $ $ - $ 300,000
2015 Design, phases 2,3,4 $ 950,000 $ $ - $ 950,000
2012 Construction phase 1A (site work) $ 9,403,600 $ 6,000,000 $ 1,600,000 $ 1,803,600
2013 Construction phase 1B (Admin Bid, Barn) $ 14,105,400 $ 6,000,000 $ 1,600,000 $ 6,505,400
2016 Construction phase 2 (50 %site, Lg Equip) $ 2,800,000 $ - $ - $ 2,800,000
2016 Construction phase 3 (PW shops Bid) $ 4,700,000 $ $ $ 4,700,000
2016+ Construction phase 4 (car wash) $ 1,500,000 $ $ $ 1,500,000
$ 35,059,000 $ 12,000,000 $ 3,722,000 $ 19,337,000
Fleet Maintenance Building Photovoltaic System
Description: Panels would either be installed on existing Fleet Maintenance Building or
could be installed on new rooftops which may be constructed as part of
the Swift Gulch transportation operations facility site improvements. This
project is grant dependant on FTA TIGGER funds (grant request is
$999,000 for 80% with local match of 20 %).
Status: Application was submitted in May 2010 as part of state -wide request.
Notice of funding award expected by October 2010.
Budget: 2011 $1,248,750 (of which $999,000 would be a federal grant)
Section I, Page C -26
Roads and Streets
1 -70 Berming for Noise Reduction
Description: Construct and landscape earthen berms along 1 -70 rights -of -way (ROW)
to mitigate noise from the interstate. This phase would be located north of
West Beaver Creek Blvd. Construction there would be on both Town -
owned ROW plus CDOT ROW, so a CDOT ROW Use Permit is required.
It is anticipated that the Town may construct this project over a period of
time using fill materials as they become available (e.g., from excavation
work associated with the Town's other capital projects). Project will
reduce costs for materials disposal of town construction while also
benefiting residents through streetscape enhancement and noise
reduction.
Status: Public Works initiated discussion with CDOT staff regarding this project
and determined that this project appears feasible. A noise survey was
conducted in 2008 which measured the existing noise from 170 at a level
above 65 db — sufficient to demonstrate impact to CDOT. The next steps
are to prepare preliminary engineered design drawings, submit ROW and
noise abatement permit applications to CDOT, prepare final design
drawings and specifications, and conduct construction.
Budget: 2012 $ 20,000 (predesign, permit application submittal package)
Multi -Modal /Alternative Mobility:
Eagle River Bridge at Avon Road
Description: Construct a bridge for a pedestrian and bicycle trail across the Eagle
River adjacent to Avon Road. The trail will connect the existing core trail on the north
side of the river with the trail to be constructed along the north side of US6 in 2013. The
project will be a partnership with the ECO trail committee and both parties will apply to
obtain GOCO grants.
Status: The project is a priority but budget constraints will defer the construction
until at least 2013.
Budget: 2013 $ 900,000
Section I, Page C -26