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TC Council Packet 07-17-2013 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR WEDNESDAY, JULY 17, 2013 MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting Agenda 13 07 17 Page 1 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. ______________________________________________________________________________________________________________ 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. EXECUTIVE SESSION BEGINS AT 5 PM (THIS MEETING IS NOT OPEN TO THE PUBLIC) 4.1. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters 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 5. AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:30 PM (SEE PAGE 3 FOR DETAILED AGENDA) 6. ACTION ITEMS 6.1. Approval of Minutes from June 25, 2013 6.2. Public Hearing on Amplified Sound Permits (Patty McKenny, Assistant Town Manager) 6.2.1. TEAM Unlimited LLC for Start of Xterra Mountain Championship Race on July 20th (Trey Garman, XTERRA) 6.2.2. Vail Valley Charitable Fund for BecTri Duathalon on August 3rd (Michelle Maloney, BecTri) 6.3.Action on 2013 Intergovernmental Agreement with Eagle County for GIS Services (Matt Pielsticker, Senior Planner) 6.4. Public Hearing on Second Reading of Ordinance 13-0 8, Series of 2013, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado (Justin Hildreth, Town Engineer) 6.5. First Reading of Ordinance 13-09, Series of 2013, Ordinance Amending Title 7 of the Avon Municipal Code, including General Procedures, Planned Unit Development Amendments, Natural Resources Protection Standards, and Engineering Improvement Standards (Matt Pielsticker, Senior Planner) 6.6. Approval of Street Improvement Contracts based upon the Lowest Qualified Bid (Justin Hildreth, Town Engineer) 6.7. Notice of Award for Recreation Center Membrane Roof Replacement (Justin Hildreth, Town Engineer) 6.8. Review and Action on Dates and Seed Funding Request for WinterWonderGrass Festival, a 3-day music event in Nottingham Park, February 21 – 23, 2012 (Virginia Egger, Town Manager) 6.9. Phase II Recreation Center Expansion and Recreational Improvements TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR WEDNESDAY, JULY 17, 2013 MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting Agenda 13 07 17 Page 2 6.9.1. Review of Ballot Schedule and Draft Question for Phase II Expansion and other Recreation Improvements (Scott Wright, Finance Director) 6.9.2. Action on Telephone Survey Questions – (Virginia Egger, Town Manager) 6.9.3. Action to Notice Eagle County Clerk of Town Participation in November 5, 2013 Coordinated Mail Ballot Election – ballot question [May be rescinded if no ballot question is completed] (Patty McKenny, Assistant Town Manager) 7. WORK SESSION 7.1. Economic Development Report: 7.1.1. Trimester Report from Department’s on Economic Activity (Scott Wright, Finance Director) 7.1.2. Council Review: Draft Economic Development Plan, Including Council Review and Direction on RFP for Town of Avon Branding and Marketing Initiative; and Hiring a Director of Economic Development Initiatives (Virginia Egger, Town Manager) 7.2. 2nd Quarter 2013-14 Strategic Plan Report (Virginia Egger, Town Manager) 7.3. Village at Avon Update (Eric Heil, Town Attorney) 7.4. Review of August 13 Retreat Agenda: Walking Mountain Science Center (Virginia Egger, Town Manager) 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.1. EGE Air Alliance (Rich Carroll, Mayor) 8.2. Eagle County School District Meeting with Superintendent (Rich Carroll, Mayor) 8.3.Eagle County Regional Collaboration Meeting on Transportation (Rich Carroll, Mayor) 9. COUNCIL COMMENTS 10. MAYOR REPORT AND FUTURE AGENDA ITEMS 11. ADJOURNMENT PROPOSED AGENDA ITEMS FOR AUGUST 13, 2013 COUNCIL MEETING: Budget Retreat, Public Hearing on Ordinance No. 13-09 (Code Amendment), Proposition 64 Discussion TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR WEDNESDAY, JULY 17, 2013 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting Agenda 13 07 17 Page 3 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING 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, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING ON SPECIAL EVENT PERMITS 4.1. Applicant Name: Realm of Caring, Inc. Event Name: Minis in the Mountains sponsored by MINI5280 Car Club Event Date & Location: August 8, 2013 from 6 pm until 8 pm Harry A. Nottingham Park & Lake Street Event Manager: Chris Davis Type of License: Malt, Vinous and Spirituous Liquor 5. OTHER BUSINESS 5.1. Notice of Compliance Check Violations issued by State of Colorado Liquor Enforcement Division to Avon Liquor Licensed Establishments (Patty McKenny, Assistant Town Manager/Town Clerk and Bob Ticer, Police Chief) 6. MINUTES 6.1. Action on Minutes from June 11, 2013 Meeting 7. ADJOURNMENT ALB Memo on Violations Page 1 AVON LIQUOR LICENSING AUTHORITY REPORT To: Avon Liquor Licensing Authority From: Robert L. Ticer, Police Chief, and Patty McKenny, Asst. Town Manager/Town Clerk Date: July 11, 2013 Agenda Topic: Avon Liquor Board-Notice of Violations issued by State of Colorado Liquor Enforcement Division to Avon Liquor Licensed Establishments The purpose of this report is to provide information to the Avon Liquor Licensing Authority (Authority) of Notices of Violations issued by the State of Colorado against nine Avon liquor businesses for serving or selling liquor to persons under the age of 21. The report describes the background in regards to the Notices, process for hearing the Notices and the Authority’s options in addressing the potential violation. There is no action or decisions to be made at this time. Staff requests direction as to how to proceed upon final action by the State. Background During the month of May 2013, State Liquor Agents from the Colorado Department of Revenue Liquor Enforcement Division’s Grand Junction Office conducted compliance checks at Avon Liquor Licensing establishments within the Town Limits and actually throughout Eagle County. During these compliance checks an undercover operative under 21 years of age attempted to purchase alcohol from the licensees. Nine local businesses failed the compliance checks and were subsequently summons for the violations by State Liquor Agents. In addition to the summons, Department of Revenue is taking administrative action against the businesses. These cases are on-going and this memorandum is designed to inform the Avon Liquor Licensing Authority of the actions brought forward by the Department of Revenue Liquor Enforcement Division. These operations were conducted exclusively by state agents without the assistance of the Avon Police Department; therefore, there were no summons issued by the Avon Police Department. During these operations by the Department of Revenue, an additional 18 liquor license holders were checked in Avon and subsequently passed the compliance checks. The following businesses were summons by the Department of Revenue Liquor Enforcement Division: May 7, 2013:  Village Warehouse Wines May 16, 2013:  Nozawa Sushi and Kitchen  Montana’s Cantina and Grill  China Garden  Bob’s Place ALB Memo on Violations Page 2 May 17, 2013:  Castle Peak Grille  Gondola Pizza  Blue Plate Bistro May 23, 2013:  Columbine Bakery Staff has been informed that the violations are currently being processed through the State office and stipulations and dispositions are expected to be finalized in the next couple of weeks. According to Brian Turner, Investigator from the Grand Junction office, the local authority does not typically set hearings on these violations. He also noted that the penalties being imposed are as follows: Employee Violation: 1) 15 day suspension or reduction in days of suspension with fine and balance of days held in abeyance for one year (may include combination of this depending upon history). Owner Violation: 1) 19 day suspension or reduction in days of suspension with fine and balance of days held in abeyance for one year (may include combination of this depending upon history). Once the State completes the final orders they will provides final reports and we will submit this information to the Authority. These reports become part of the record for each establishment and will be reviewed at the time of each establishment’s renewal. Liquor Training Session As a follow up to incidents occurring at one of the local establishments and these violations, the Avon Police Department, Town Clerk, and State Liquor held a 2-hour meeting/training/update at the Police Department for Avon Liquor Licensees on June 19th. In attendance were representatives from 14 Avon businesses. Additionally, State Liquor Agents met with the Eagle County Law Enforcement Executives on July 10, 2013 to develop further strategies to reduce liquor violations in the Eagle County Communities and ensure further public safety. Recommendations for continued communication with businesses to meet liquor regulations: It is recommended by the Avon Police Department and Town Clerk that the town continues to assist Avon Liquor Licensees with some of the following:  Ensure all personnel tasked with serving alcohol have access and are to be TIPS certified by offering the related kinds of training opportunities that speak to this certification  Ensure that these personnel conduct identification checks of patrons who order alcohol to ensure they are 21 years of age or older through contact with license holders  Continue to holding meetings with the Avon Police Department and Town Clerk and Licensees on an annual basis for updates on training, trends, and laws TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, JUNE 11, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.06.11.Minutes Page 1 1. CALL TO ORDER AND ROLL CALL Chairman Rich Carroll called the meeting to order at 6:25 PM. A roll call was taken and Board members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Finance Director Scott Wright, Town Engineer Justin Hildreth, Community Relations Officer Jaime Walker, as well as other staff members and the public. 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT There were no comments made at this time. 4. PUBLIC HEARING ON SPECIAL EVENTS PERMIT APPLICATIONS 4.1. Applicant: Team Evergreen Bicycle Club Inc. Event Name & Location: Triple Bypass; Harry A. Nottingham Park Event Date & Time: July 13, 2013 from 11:00 a.m. until 9:00 p.m. Event Manager: Jenny Anderson Permit Type: Malt, Vinous, Spirituous Liquor Jenny Anderson was present to talk about event. It was noted that all application materials were in order. Chairman Carroll opened the public hearing, no comments were made, and the hearing was closed. Board member Dantas moved to approve the Special Event Permit for Team Evergreen Bicycle Club Inc.; Board member Evans seconded the motion and it passed unanimously. 4.2. Applicant: Walking Mountains Science Center Event Name & Location: Taste of Nature; Walking Mountains Science Center Event Date & Time: July 13, 2013 from 5 p.m. until 11:00 p.m. Event Manager: Gina Garrett Permit Type: Malt, Vinous, Spirituous Liquor Gina Garrett was present to talk about the event. It was noted that all application materials were in order. Chairman Carroll opened the public hearing, no comments were made, and the hearing was closed. Board member Goulding moved to approve the Special Event Permit for Walking Mountains Science Center; Board member Wolf seconded the motion and it passed unanimously. 5. REPORT OF CHANGES: PUBLIC HEARING ON MODIFICATION OF PREMISES 5.1. Applicant: Fork and Knife, Inc. d/b/a Blue Plate Address: 48 E. Beaver Creek Blvd. Manager: Adam Roustom License Type: Hotel and Restaurant Liquor License It was noted that all application materials were in order. Owners Elly & Adam Roustom were present to review the request to increase the patio area space to be included as the license premises. Chairman Carroll opened the public hearing, no comments were made, and the hearing was closed. Board member Goulding moved to approve the modification of premises for Fork and Knife, Inc. d/b/a Blue Plate; Board member Fancher seconded the motion and it passed unanimously. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, JUNE 11, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.06.11.Minutes Page 2 6. REPORT OF CHANGES: TRADE NAME CHANGE 6.1. Applicant: East West Resort LLC & Avon Riverfront LLC d/b/a Westin Riverfront Resort & Spa & Cima New Name: Westin Riverfront Resort & Spa & Maya Manager: John Evans License Type: Resort Complex Liquor License Chairman Carroll stepped down from the Board at this time due to a conflict of interest. It was noted that all application materials were in order. Board member Evans moved to approve the trade name change for Westin Riverfront Resort & Spa & Maya; Board member Fancher seconded the motion and it passed unanimously with those present (Carroll recused due to conflict of interest). 7. MINUTES FROM MAY 28, 2013 MEETING Board member Evans moved to approve the minutes; Board member Dantas seconded the motion and it passed unanimously. There being no further business to come before the Board, the meeting adjourned at 6:30 PM. RESPECTFULLY SUBMITTED: ____________________________________ Patty McKenny, Secretary APPROVED: Rich Carroll ______________________________________ Dave Dantas ______________________________________ Chris Evans ______________________________________ Jennie Fancher ______________________________________ Todd Goulding ______________________________________ Albert “Buz” Reynolds ______________________________________ Jake Wolf ______________________________________ TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 25, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.06.25.Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:05 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evens, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Town Clerk Debbie Hoppe, Finance Director Scott Wright, Senior Planner Matt Pielsticker and Planner II Jared Barnes, Town Engineer Justin Hildreth, as well as other staff members and the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no public comments at this time. 4. ACTION ITEMS 4.1. Notice of Award for Harry A. Nottingham Park Lake Liner Replacement Project Contract (Justin Hildreth, Town Engineer) The project was advertised with an excellent response. Six bids were submitted with a low bid from Ewing Trucking and Construction for $966,248. Staff recommended Ewing Trucking for the project. It was no noted that the town would receive rocks at no charge from the Village at Avon, with a saving of approximately $40,000 in project costs. There were discussions with Waling Mountains School about creating a wetland educational area on the northeast corner of the lake, with some the idea of creating a fish habitat and real beach. It was noted that the lake would start draining July 22, 2013; it would take a month for the drying period. After some discussion, Mayor Pro Tem Goulding moved to approve the contract for the Harry A. Nottingham Park Lake Liner Replacement Project; Councilor Fancher seconded the motion and it was passed unanimously. 4.2. Public Hearing on Second Reading of Resolution No. 13-20, Series of 2013, Resolution Approving the 2013 Supplemental Capital Project Fund Budget Amendment (Justin Hildreth, Town Engineer) It was noted that this was the second amendment to the 2013 Capital Projects Fund this year in an effort to adjust summer projects that staff know more about. The results were a net decrease in $399,492 to the budget. Projects included upgrades to server room, Mezzanine office furniture, Forest Service Land Acquisition, improvement to the tennis courts, Stonebridge deck repair and 2013 Street improvement. It was noted that the Hwy 6 trail and Eagle River Pedestrian/Bike Bridge were delayed to 2014 because of complications in acquiring easements. Beaver Creek Overlook Trail Parking Improvements, Nottingham Lake liner and Digital Ticketing delayed to 2014. Also included are Town Facilities Planning and Parking and Transportation Task Force Study. This leaves a fund balance of $2,552,391 well above the minimum fund balance of $1,500,000 for the Capital Projects Fund. After some discussion, Mayor Pro Tem Goulding moved to approve Resolution 13-20 Resolution Approving the 2013 Supplemental Capital Project Fund Budget Amendment with the following changes to eliminate the $50,000 for Parking Study and change expenditures to 13,921,142 with a fund balance of $2,602,391. Councilor Reynolds seconded the motion and it was passed unanimously. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 25, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.06.25.Minutes Page 2 4.3. Public Hearing on First Reading of Ordinance 13-08, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado (Justin Hildreth, Town Engineer) Councilors Goulding and Evans stepped down from the Council at this time due to a conflict of interest. This final plat will adjust the west property line by 16.38 feet thus narrowing Lettuce Shed Lane from 50 Ft to 33.62 Ft wide. Councilor Wolf moved to approve Ordinance 13-8, Series of 2013, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek. Councilor Fancher seconded the motion and it was passed unanimously by those present (Goulding and Evans recused from voting). 4.4. Action on Sherman & Howard Letter of Engagement for Buffalo Ridge I Affordable Housing Refinance Transaction (Gerry Flynn, Buffalo Ride Vice-President) It was noted that this was a standard letter of engagement and the review work has already been accomplished. Mayor Pro Tem Goulding moved to approve the engagement letter from Sherman & Howard regarding Buffalo Ridge I Affordable Housing Refinance Transaction. Councilor Reynolds seconded the motion and it was passed unanimously. 4.5. Minutes from June 11, 2013 Meeting Councilor Dantas moved to approve the June 11, 2013 minutes; Councilor Reynolds seconded the motion and it passed unanimously. 5. WORK SESSION 5.1. Village at Avon Settlement Update (Eric Heil, Town Attorney) The bond counsel was not able to complete its review and provide an opinion in time for a June 27, 2013 bond closing; therefore, the closing has been delayed until July. There were some questions and discussion around the timing restraints. 5.2. Development Concepts for Capital Facilities on Town-Owned Properties: Locations, Funding Plans, Timeframes, and Public Process, including Community Outreach (Virginia Egger, Town Manager) The Eagle River Fire Protection District, the Avon Library, and Planning and Zoning members were present. There was discussion and information regarding various options for development concepts for Town Facilities presented. The Fire D istrict would like to relocate but does not have the financial means for a new building. Library Board member Terry Smith, Trustee, did not envision moving from their location. 5.3. Discussion and Potential Council Position on Urban Development in Eagle County (Mayor Rich Carroll) Mayor Carroll led the discussion in consideration of regional development and the related effect of non-town- towns impacts on existing municipalities in Eagle County. Councilor Reynolds moved to approve Resolution No. 13-21, A Resolution Stating the Position of The Avon Town Council Concerning Urban Development in Eagle County. Mayor Pro Tem Goulding seconded the motion and it passed unanimously. 5.4. Financial Matters – Report Only (Kelly Huitt, Budget Analyst) TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 25, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.06.25.Minutes Page 3 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. CML – Councilor Jake Wolf presented updates on the CML Conference: 1) Connecting kids and council, 2) Non-profits role in art districts, 3) Amendment 64 7. EXECUTIVE SESSION At 9:17 pm Mayor Carroll moved to convene to an Executive Session to discuss the following: a. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters 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 The motion was seconded by Councilor Reynolds and the members met in Executive Session. Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil. Town Attorney Eric Heil noted that this executive session was for the purpose of providing legal advice on specific legal questions, and requested that the Town Clerk cease recording the executive session at this time. Mayor Carroll noted that the executive session adjourned at 6:10 PM and the meeting was now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. 8. COUNCIL COMMENTS There being no further business to come before the Council, the regular meeting adjourned at 9:45 PM. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Deputy Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ GIS IGA with Eagle County July 17, 2013 Town Council Meeting Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Senior Planner Date: July 11, 2013 Agenda topic: Intergovernmental Agreement with Eagle County to perform Geographic Information Systems (GIS) Services Summary This proposed Intergovernmental Agreement (IGA) is for Geographic Information Systems (GIS) services to be performed by qualified Eagle County GIS employees. The agreement (Attachment A) would guarantee 0‐2 hours/per week of routine GIS data maintenance, and 5‐20 hours/per week for special projects. Background After a thorough review of the Community Development Department earlier this year, it was determined that the then current GIS position would be able to accommodate additional duties to cover the evolving workload of Community Development. Additional duties were to include the implementation of the Laserfiche program and other administrative duties. The Town’s full‐time GIS employee ceased employment in April, 2013; at which time outsourcing GIS work was discussed internally. This IGA provides that the County will make available to the Town, GIS services as requested by the Planning Department. The Town will compensate the County in the amount of $60/per hour. The IGA will be effective from the date the Agreement is fully executed, and either party may terminate the Agreement without cause upon 30 days written notice. The Town expects to utilize this service both on a regular basis for routine data layer updates and general maintenance of digital information, and also for select special projects (i.e. Mall planning) this fall. Having this IGA with the County is especially important in maintaining continuity of GIS services since the Town does not employ a full‐time or part‐time GIS staff member. It is also important to protect the integrity of the data layers that been created over the past several years. Financial Implications As part of the recently approved general fund budget amendments, $10,620 was earmarked for GIS services through 2013. Recommendation Staff recommends approval of the 2013 Intergovernmental Agreement (Attachment A) for GIS Services between the Town of Avon and the County of Eagle, Colorado. Avon-Eagle County IGA re GIS Services DRAFT July 10, 2013 Page 1 of 5 2013 INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SERVICES (GIS) BETWEEN THE TOWN OF AVON AND THE COUNTY OF EAGLE, COLORADO This Intergovernmental Agreement (“Agreement”) by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado (“County”) and the TOWN OFAVON, a Colorado municipal corporation (“Town”) (collectively the “Parties”) is made to be effective on the ____ day of __________, 2013. WHEREAS, §29-20-101 et seq., C.R.S enables the Parties to enter into Intergovernmental Agreements and authorizes each of the Parties to perform the functions described herein, as provided in §29-20-105 CRS; and WHEREAS, The Town has identified that continued Geographic Information Systems (GIS) and services are important and necessary tools in public administration; and WHEREAS, the Avon Town Council has determined that it is in the best interest of the Town and its inhabitants to contract with Eagle County to provide GIS Services specified under the terms of this Agreement; and WHEREAS, Eagle County has determined that the County GIS Department has the resources to provide GIS services (“GIS Services”) to the Town of Avon in exchange for compensation to be provided by the Town of Avon under this Agreement, and upon the further terms and conditions contained herein; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to provide GIS Services for the Town and to define the manner in which each of the Parties will participate in the provision of such services. NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the Parties agree to the following: A. SCOPE OF WORK. County shall make reasonably available to the Avon Community Development Department, personnel with the qualifications and certifications necessary to perform GIS Services requested by the Town (“County GIS Staff”). The County will make best efforts to cause said personnel to be available on those dates and at those times as are mutually agreed upon between the Town of Avon Community Development Staff and County GIS Staff. The GIS Services are described as follows: 1. GIS Data Maintenance: The County GIS Staff will support the Town by creating and maintaining Town GIS data. Maintenance services will be provided as follows: a) County GIS Staff will process field data collected by Town Staff with mobile GPS equipment. The County uses Trimble GPS units, Trimble TerraSync, and Attachment A July 11, 2013 Memo Avon-Eagle County IGA re GIS Services DRAFT July 10, 2013 Page 2 of 5 Trimble Pathfinder Office. All GPS data from Town must be delivered in a format usable within the parameters of County GIS Staff’s existing software. b) County GIS Staff will maintain GIS related data layers including but not limited to parcel boundaries, streets, zoning, building footprints, and addresses. c) County GIS Staff will diagnose data and database technical problems develop solutions and safeguard the integrity of the Town GIS data layers and database. This diagnosis is limited to the Town data and database and does not include diagnosis of the Town GIS software and programs that run internally within their network. d) There is a minimum guarantee that the County GIS Staff will provide at least 0-2 hours of work per week for regular GIS data maintenance duties. The 0-2 hours of work for data maintenance includes processing the Town GPS data, maintaining the Town GIS related data layers, and safeguarding the integrity of the Town GIS data (not Special Projects), all of which are outlined in items a), b), and c) within this section. 2. Special Projects. The County GIS Staff may provide approximately 5-20 hours of work per week for complex spatial analysis work and for project maps to support Town staff with special projects (“Special Projects”). To allow County GIS Staff adequate time to prepare, the Town will provide not less than three (3) weeks’ notice for any/all Special Projects via email. 3. Data Updates. The County GIS Staff will provide the Town with updated Data not less than every three (3) months, to keep the Town’s online GIS Viewer information up to date. The Data will be sent by the County on CD via USPS and the Town will be responsible for loading the data onto their local network. 4. GIS Disclaimer. All maps created at the County will include the following disclaimer: “This map was created by the Eagle County GIS Department. Use of this map should be for general purpose only. Eagle County does not warrant the accuracy of the data contained herein.” B. TOWN RESPONSIBILITIES 1. Map Reproduction. The Town will reproduce all maps with Town equipment. The County GIS Staff will deliver all maps to the Town in a digital file format. 2. Data Sharing. The Town will share all GIS data available as of the date of this agreement with the County, and the County will safeguard the integrity of the GIS data layers and database. Upon termination of this Agreement, the County will promptly (not more than 30 days) deliver all data and projects created during the life of this Agreement to the Town. Attachment A July 11, 2013 Memo Avon-Eagle County IGA re GIS Services DRAFT July 10, 2013 Page 3 of 5 C. AUTHORIZED REPRESENTATIVES. The County designates Amy Szczesny, GIS Department Manager as its Representative for the Agreement. The County’s Representative is its liaison officer to the Town for all purposes in carrying out the Agreement. The Town designates Matt Pielsticker, Senior Planner as its Representative for the Agreement. The Town’s Representative is its liaison officer to the County for all purposes in carrying out the Agreement. D. MEETINGS. All necessary meetings between the County and the Town will be at the County Building (500 Broadway, Eagle, CO). The County will not be expected to travel to the Town, unless mutually agreed upon between the Town of Avon Community Development Staff and County GIS Staff. E. COMPENSATION. For GIS Services provided hereunder, the Town shall pay the County at the rate of $60 per hour, in addition to any direct costs that may be incurred by Eagle County. County shall provide the Town with quarterly invoices identified the work performed during the current quarter. County shall include any additional supporting documentation that the Town may request. The Town shall make payment to the County within thirty (30) days of receipt of the County invoice. F. PERSONNEL. Every County officer and employee engaged in performing GIS Services under the terms of this Agreement shall remain an officer or employee of Eagle County while performing the same and the relationship of the County GIS Staff to the Town of Avon under this Agreement is that of an independent contractor. In this capacity, and for the sole purpose of providing the services contracted for hereunder, the County GIS Staff shall be considered to be the agents of the Town of Avon. This Agreement does not change the status of any employee, contractor or officer of the Town or County. G. LIABILITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. H. INSURANCE. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. The Parties further agree, without waiving any governmental immunity protection to which they and their officials and employees are entitled under CRS 24-10-101 et seq., to procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. I. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be Attachment A July 11, 2013 Memo Avon-Eagle County IGA re GIS Services DRAFT July 10, 2013 Page 4 of 5 available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. J. TERM AND TERMINATIONS. This Agreement will be effective as of the effective date stated above and will continue until terminated. If either party fails to substantially perform the duties and obligations in accordance herewith, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon thirty (30) days written notice. K. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Town of Avon Eagle County Attn: Matt Pielsticker Attn: Amy Sczcesny Address: P.O. Box 975 Address: P.O. Box 850 One Lake Street 500 Broadway Avon, CO 81620 Eagle, CO 81631 Phone: 970-748-4413 Phone: 970-328-3552 Email: mpielsticker@avon.org Email: amy.sczcesny@eaglecounty.us L. MODIFICATION. This Agreement contains the entire agreement between the Parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. M. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // Attachment A July 11, 2013 Memo Avon-Eagle County IGA re GIS Services DRAFT July 10, 2013 Page 5 of 5 IN WITNESS WHEREOF, Each party, by signature below of its authorized representative, herby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. EAGLE COUNTY, by and through its Board of County Commissioners By:_____________________ Date:________ Attest:_________________________ Sara J. Fisher, Chairman Teak Simonton, Clerk to the Board TOWN OF AVON By: _____________________ Date:_______ Attest:_________________________ Rich Carroll, Mayor Patty McKenny, Town Clerk Attachment A July 11, 2013 Memo Town Council Report To: Honorable Mayor and Town Council From: Justin Hildreth, P.E., Town Engineer Date: July 10, 2013 Re: Second Reading of Ordinance No. 13-08, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado Discussion: The Applicant, Wyndham Vacation Resorts, Inc. (“Applicant”) has submitted a Final Plat for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision. This Final Plat vacates two 7.5- feet wide drainage and utility easements on the perimeter of the property to accommodate the approved development. Also, the Final Plat will adjust the west property line by 16.38 Feet to the west thus narrowing lettuce Shed Lane (aka Benchmark Court) from 50 FT to 33.62 FT wide. The adjusted property line is two Feet east of the pedestrian sidewalk for Lettuce Shed Lane as agreed upon in Section 5.3 of the Development Agreement adopted by Ordinance 13-03 on February 26, 2013. Previous Town Council Action: Town Council approved Ordinance 13-03, Series 2013, An Ordinance Approving a Rezoning Application from the Planned Unit Development (PUD) Zone District to the Town Center (TC) Zone District, for Lot 1, A Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County; Approving a Major Development Plan Application; and Approving a Alternative Equivalent Compliance Application, Approving a Development Agreement for “Wyndham –Lot 61”, Located on Lot 1, a Resubidivision of Lot 61, Block 2, Benchmark at Beaver Creek. Recommendation: Based on provisions of 7.16.070 and other applicable sections of Title 7, Avon Municipal Code, Staff recommends approval of Ordinance 13-08, Series 2013, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado subject to completion of technical corrections identified by Staff. Attachments Exhibit A – Ordinance 13-08 Exhibit B – Amended Final Plat, A Replace of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado Ord. 13-08 Approval of Lot 61Replat June 21, 2013 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 13-08 SERIES OF 2013 AN ORDINANCE APPROVING AN AMENDED FINAL PLAT, A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK WHEREAS, pursuant to C.R.S. §42-4-303 and pursuant to the home rule powers of the Town of Avon, the Town Council may by ordinance vacate any roadway or a part thereof; WHEREAS, on February 10, 2004 the Town Council approved Resolution No. 04-05, Series 2004, A Resolution Approving the Final Plat, A Replat of Lot 61, Block 2 Benchmark at Beaver Creek and Resolution No. 04-06, Series 2004, A Resolution Approving the Preliminary Plan and Final Plat for A Resubdivison of Lot 61, Block 2, Benchmark at Beaver Creek; WHEREAS, on October 14, 2008 the Town Council approved Resolution No. 08-35, Series 2008, A Resolution Vacating a Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek; WHEREAS, the Applicant submitted an application for a Final Plat Major Subdivision (“Application”) to the Town’s Community Development Department on May 21, 2013 for a replat of Lot 61; WHEREAS, the Town Council of the Town of Avon held a public hearing on July 9 , 2013 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria for Final Plat Major Subdivision found in Avon Municipal Code Section 7.16.070(f); and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code 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 the proposed zoning or other matters in this Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord. 13-08 Approval of Lot 61Replat June 21, 2013 Page 2 of 3 Section 2. Approval of Replat. The Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to the condition that all utility providers accept the Amended Final Plat provided before the Amended Final Plat is executed by the Town and recorded. Section 3. Vacation of a Portion of Benchmark Court. The vacation of a portion of Benchmark Court as indicated on the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado is hereby approved by Town Council. Section 4. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 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 thirty days after final adoption 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. Section 8. 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 at the Avon Town Hall, Avon Recreation Center and Avon Public Library, 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. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Ord. 13-08 Approval of Lot 61Replat June 21, 2013 Page 3 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such Public Hearing for 5:30 p.m. on July 9, 2013 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. ____________________________ Rich Carroll, Mayor Published by posting in at least three (3) public places in Town and posting by title only at the office of the Town Clerk at least six (6) 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 17, 2013. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three (3) public places in Town and posting by title only at the office of the Town Clerk. ATTEST: __________________________ Patty McKenny, Town Clerk AM E N D E D F I N A L P L A T A R E P L A T O F L O T 6 1 , B L O C K 2 TO W N O F A V O N , E A G L E C O U N T Y , C O L O R A D O MA R C I N E N G I N E E R I N G L L C BE N C H M A R K A T B E A V E R C R E E K MA R C I N E N G I N E E R I N G L L C AM E N D E D F I N A L P L A T A R E P L A T O F L O T 6 1 , B L O C K 2 BE N C H M A R K A T B E A V E R C R E E K TO W N O F A V O N , E A G L E C O U N T Y , C O L O R A D O Ordinance 13-09 Code Text Amendments July 17, 2013 Town Council Meeting Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Senior Planner Date: July 10, 2013 Agenda topic: First Reading of Ordinance 13-09, Code Text Amendments to Title 7: Development Code- General Procedures, Natural Resource Protection, and PUD Sections Introduction The Town Council approved the 2013 Work Plan on February 26, 2013, which includes the following task: “Identify with the PZC Code Amendments, including “clean-up” of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated such as the sign code”. In order to prioritize the review of potential amendments identified by Staff, the Planning and Zoning Commission (“PZC”), and Council, the list of amendments was broken into “Tier 1” and “Tier 2” amendments by PZC. The entire list of amendments was presented to the Town Council on April 4, 2013, at which time Council initiated the formal review process. The attached Ordinance and strikethrough code language (Attachment A) encompass all of the “Tier 1” amendments. Process The process for Avon Municipal Code (“AMC”) amendments are governed by AMC §7.16.040. Code text amendments may only be initiated by a property owner, registered elector, or Town Council. Once initiated, the process follows the usual public hearing review procedure outlined in the Municipal Code (i.e. Staff recommendation to PZC, PZC recommendation to Council, and final action by Council with Ordinance). The amendments were evaluated by PZC over the course of two months and the attached Ordinance reflects their recommendations. PZC Review These AMC Amendments were referred to PZC for review and recommendation. After holding public hearings, two separate recommendations were forwarded to the Town Council by PZC for final action by Ordinance. Please find PZC Resolution 13-03 (Attachment B) and PZC Resolution 13-05 (Attachment C) for your review and consideration. Proposed Amendments Ordinance 13-09 Code Text Amendments July 17, 2013 Town Council Meeting Page 2 The proposed modifications outlined in Ordinance 13-09 will not only provide clarity, but will also cleanup Development Code (Title 7, AMC) sections that are redundant, contradictory, obsolete, or have been found to be troublesome for code users. For example, when processing amendments to a Final PUD plan you are directed to Section 7.16.020(g), Minor Amendment, AMC; this section is intended to apply to approved development applications and not to approved zoning standards that are tied to Final PUD plans. Following is a section by section review, in order of appearance, outlining the changes: Table 7.16-1, Development Review Procedures and Review Authority – Page 52 This table is amended to show the newly created Minor and Major PUD review categories. The other changes to the table are not substantive, but are intended to make the table easier to read and find the applicable process. The 1041 permit procedure was absent from the table, and the term “rezoning” was changed to “zoning amendment” in order to provide consistency with that particular code section (§7.16.050) and process. Section 7.16.020(e), Step 5: Public Hearings – Pages 56-57 The PZC or Council can continue a public hearing on its own initiative for a maximum of thirty- five (35) days after the date of the first public hearing, or up to ninety-five (95) days with the consent of the applicant. During the course of reviewing a highly complex application this past year PZC expressed the desire to lengthen the time-frame based on the size or difficulty of the application. The current thirty-five (35) day review window provides the PZC up to three (3) regularly scheduled meeting for review and also allows for the ability to schedule special meetings. The ninety-five (95) day review window provides the PZC up to eight (8) regularly scheduled meetings and additional special meetings. The PZC recommended increasing the maximum allotted time-frame for public hearings, in instances where the applicant does not provide consent, for up to sixty-five (65) days. This would allow up to three (3) additional hearings. Section 7.16.020(g), Minor Amendment – Pages 58-59 This section will be removed in its entirety for a variety of reasons. First, the section deals with amendments to already approved development applications (i.e. changes between approval and building permit), and these instances are already handled through the Minor Design and Development Plan process. Secondly, Code users are cross-referenced to this section only in the instance of an Amendment to a Final PUD. Staff has found this code section inadequate and inappropriate in the case of PUD Amendments because it deals with approved “development applications” and not PUD plans which are two entirely different types of approval. Furthermore, this section does not contain process requirements or review criteria which are essential to reviewing a PUD amendment. Since this section does not translate well to PUD Amendment situations Staff has provided other amendments to §7.16.060, Planned Unit Development, to deal with those cases. Those changes are discussed further below. Ordinance 13-09 Code Text Amendments July 17, 2013 Town Council Meeting Page 3 Section 7.16.060(e)(4), Review Criteria – Page 65 Currently, if a PUD amendment is being processed via the Minor Amendment section mentioned above, there are not a clear set of review criteria for Staff, PZC, or Council to consider. This amendment clarifies that the same review criteria for a Preliminary and Final PUD can be used as the basis for the review of a PUD Amendment (Minor or Major). Section 7.16.060(h), Amendments to a Final PUD – Pages 67-68 This section is the impetus for some of the other related amendments herein. As stated, the cross-reference to §7.16.020(g), Minor Amendment, is removed because that section will be functionally obsolete with the creation of new Minor and Major amendment language for PUDs. This amendment would further delineate PUD amendments into three categories: 1) Administrative; 2) Minor; and 3) Major. Administrative amendments are intended only to address corrections to errors or mistakes that are determined to be “non-substantive” by the Director. Table 7.16-1, Development Review Procedures and Review Authority, has included reference to Administrative PUD Amendments but there was no section to explain what can be processed in this fashion. Criteria were added to help distinguish what can be processed as Minor vs. Major. Lastly, the review procedure is further defined and Major PUDs would continue to go through a Preliminary and Final stage of review. Minor PUD Amendments would continue to be processed through the PZC/Council public hearing process. PZC discussed their desire to allow Minor PUD amendments to only require a public hearing with PZC and not be required to go to Council with two additional readings of an Ordinance. While this specific language was not included in their formal recommendation to Council, Staff would ask the Council to consider this shift in the Development Review Authority granted to PZC to deal with zoning changes considered minor in nature. Section 7.16.080(b)(2) Minor Development Plan – Page 75 As mentioned above, there is redundancy in the Code when processing changes to approved development plans. Staff has and will continue to process these types of changes to an approved development plan application via the Minor Development Plan process. This change clarifies that this section applies not only to changes to an existing developed property, but also to design approvals that may have changed slightly since PZC approval but have not gone to building permit. It is typical to have minor changes to approved design plans when architectural drawings are updated due to engineering or other considerations. Section 7.16.090, Design Review – Page 77 The reference to the Avon Design Guidelines is being removed as that document was repealed with the adoption of Title 7 two years ago. Ordinance 13-09 Code Text Amendments July 17, 2013 Town Council Meeting Page 4 Section 7.28.100(a), Steep Slopes – Pages 170-173 This would amend the applicability of the Steep Slopes section to apply to all new development, except for subdivisions, PUD, or zoning amendments where the amendment does not result in an increase in density. These regulations have hindered the ability for property owners to subdivide and amend their development pattern through zoning (i.e. PUD amendments in Wildridge) when no benefit to upholding the regulations has been identified. Prior discussions of the PZC have revolved around the original intent of the regulations, and it was determined that they were never intended to apply to subdivisions where platted lots contain steep slopes and were intended to apply to newly platted areas or when a property is “up zoned”. Another change is the removal of the limit on changes to natural grades. The section limits changes, raised or lowered, for natural grade to no more than six feet (6’). Since these regulations will now clearly apply to all development, this restriction was found by Staff to be overly restrictive when dealing with steeper properties that are found throughout Town. Furthermore, these regulations contradict the regulations contained within §7.28.070 that allow the PZC to approve retaining wall in excess of seven feet (7’). Section 7.32.020, Layout and Design Generally – Pages 199-200 Currently there are different ‘trigger points’ for the Lots and Building Envelope and Building Envelope sections. To provide consistency, and to follow through with the direction provided by Town Council with the approval of a recent Variance application, most of the Building Envelope requirements have been removed, and the entire Layout and Design Generally section is restated to apply to all new development. This achieves several goals: 1) Building Envelopes are no longer required when slopes exceed thirty percent (30%); 2) Minimum buildable area requirements are retained; 3) Wildlife considerations are retained for steeper properties; and 4) When lots are “replatted” a property owner who possess steep lots will not be hindered by regulations that were not in affect prior to the 2010 Development Code adoption. Review Criteria According to §7.16.040(c), Code Text Amendment Review Criteria, the Council shall use the following review criteria as the basis for recommendations on applications to amend the text of the Avon Municipal Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in the Development Code; or Ordinance 13-09 Code Text Amendments July 17, 2013 Town Council Meeting Page 5 (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Staff Response: The proposed amendments appear to implement the purposes stated in the Development Code, including conserving the value of the investments of the people of the Avon community. The Development Code was intended to streamline development processes, and not unduly restrict property owners who wish to change their development rights; especially when there is no increased impacts to the natural environment as would be expected with a down-zoning application. The other amendments clearly fall into the “cleanup” category and will help with the future implementation of the AMC. Staff Recommendation Staff recommends direction and action on the following: 1) Provide direction on Minor PUD Amendment Process. Should these be further streamlined to end with PZC after one public hearing and 300’ mailed notice – or continue to require two readings of an Ordinance with Town Council after PZC public hearing? The decision of PZC would be able to be called up by Council through the codified appeal process. 2) Approve the first reading of Ordinance 13-09 and schedule a public hearing and second reading of the Ordinance for August 13, 2013. Attachments: A: Draft Ordinance 13-09, with Strikethrough Attachment B: PZC Resolution 13-03 C: PZC Resolution 13-05 Page 1 of 4 Ord No. 13-09 Amending Avon Development Code TOWN OF AVON, COLORADO ORDINANCE 13-09 SERIES of 2013 AN ORDINANCE AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE, INCLUDING GENERAL PROCEDURES, PLANNED UNIT DEVELOPMENT AMENDMENTS, NATURAL RESOURCE PROTECTION STANDARDS, AND ENGINEERING IMPROVEMENT STANDARDS RECITALS 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, the Town adopted Ordinance No. 10-14 adopting the Avon Development Code (“ADC”); WHEREAS, the Town Council finds that periodic review and updates to the ADC are necessary to respond to changing conditions and to provide clarity in review processes; and WHEREAS, the Town Council initiated amendments to the text of the ADC in accordance with Avon Municipal Code (“AMC”) §7.16.040 on April 4, 2013; and WHEREAS, the Planning & Zoning Commission (“PZC”) of the Town of Avon held public hearings on May 21, 2013, and June 18, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC approved PZC Resolution 13-03 and 13-05, recommending approval of the amendments to the Town Council; WHEREAS, the Town Council of the Town held public hearings on July 17, 2013 and August 13, 2013 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment; WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Page 2 of 4 Ord No. 13-09 Amending Avon Development Code Development Code 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 the proposed zoning or other matters in this Ordinances. 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. Amendments. The ADC is hereby amended as indicated in the attached (“Attachment A to Ordinance 13-09”) Redline Strikethrough document. Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 4. 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 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. 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 7. 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 at the Avon Town Hall, Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a Page 3 of 4 Ord No. 13-09 Amending Avon Development Code copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with AMC §7.16.140(d)(2). Section 8. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town’s final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with AMC §7.16.020(f)(5) and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PAGE FOLLOWS] Page 4 of 4 Ord No. 13-09 Amending Avon Development Code INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on July 17, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on August 13, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. ____________________________ Rich Carroll, 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 13th day of August, 2013. ____________________________ Rich Carroll, 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 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 52 Chapter 7.16 Development Review Procedures 7.16.010 Purpose. This chapter contains regulations and the procedures for development applications. §7.16.020 contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the specific review and approval procedures of this chapter, with section references. Table 7.16-1: Development Review Procedures and Review Authority Procedure DirectorPZC TC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment (§7.16.040) R H-R H-D Rezoning Zoning Amendment (§7.16.050) R H-R H-D Planned Unit Development (§7.16.060) Administrative PUD D A Minor PUD Amendment R H-R H-D Major PUD Amendment R H-R H-D Preliminary PUD R H-R H-D Final PUD R H-R H-D Major Subdivision (§7.16.070) Administrative Subdivision (§7.16.070) D A Minor Subdivision (§7.16.070) R H-D Preliminary Plan R H-R H-D Final Plat R H-D Development Plan (§7.16.080) Minor Development Plan (§7.16.080) D A Major Development Plan (§7.16.080) R H-D A Major Development Plan in Town Core (§7.16.080) R H-R H-D Design Review (§7.16.090) R H-D A Special Review Use (§7.16.100) R H-D A Variance (§7.16.110) R H-D A Alternative Equivalent Compliance (§7.16.120) R H-D or H- R A or H-D Right-of-Way Vacation (§7.16.130) R H-D Vested Property Right (§7.16.140) R H-R H-D Location, Character, and Extent (§7.16.150) R H-D A Appeal (§7.16.160) H-D Annexation (§7.36) R H-R H-D 1041 Permit (§7.40) R H-R H-D R=Review/Recommendations; H=Public Hearing;D=Decision; A=Appeal Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 53 7.16.020 General Procedures and Requirements. The following procedures shall apply to all development applications which are reviewed under this Chapter 7.16. (a) Step 1: Pre-application Conference. A pre-application conference is required for all development applications unless waived by the Director. The pre-application conference serves to assist the applicant with (1) identifying information which must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues, and (5) determining appropriate fees. The Director may include other Town representatives in the pre-application conference as deemed appropriate. The applicant shall provide sufficient information to the Director at least five (5) business days prior to a scheduled pre-application conference, unless such time frame is waived by the Director. Minimum information shall include applicant information, property description, description of proposed development or nature of development application, and conceptual site plans or drawings which illustrate the nature of the development application. The Director may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre-application conference. The Director may provide a written letter after the pre-application conference summarizing application submittal requirements, review procedures, development standards, planning issues, and required fees. The informal evaluation of the Director and staff provided at the pre-application conference are not binding upon the applicant or the Town. Critical issues relevant to a development application may not be apparent at the pre-application conference and may require additional review, submissions, or studies later in the application process. (b) Step 2: Application Submittal. (1) Applicant. The owner of real property, or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved, and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town. (2) Application Submittal Requirements. The applicant shall submit the application to the Director. Application submittal requirements for every application type shall be established by the Director on submittal forms available in the Administrative Manual from the Department of Community Development or on the Town’s website. The Director may adopt standards and requirements for three dimensional electronic and graphic information for application submittal requirements. The Director may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the Planning Commission or Town Council from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include: Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 54 (i) Completed application form; (ii) Owner’s signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant; (iii)Title insurance commitment which has been updated within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions; (iv) Legal description of the property subject to the development application; (v) Development application review fees; and (vi) Survey no more than three (3) years old stamped by a surveyor licensed in the State of Colorado. (3) Required Studies and Reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts, and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant’s sole expense. The Town may require independent peer review of any report or study provided by the applicant. The applicant and the Town may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the Director and set forth in the Administrative Manual. (4) Concurrent Review Permitted. Where multiple development applications concern the same property then the Director may permit concurrent review of the development applications for efficiency and practicality. (5) Multiple Applications. A single property shall not be permitted to have more than one (1) application of the same type being processed concurrently. (6) Fees. Fees shall be paid in accordance with §7.04.100, Fees. (c) Step 3: Application Processing. (1) Determination of Completeness. A development application shall be reviewed for completeness by the Director within ten (10) business days after receipt. If the application is determined to not be complete then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the Town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the Director that the application is incomplete may be appealed to the Town Council in accordance with the procedures in §7.16.160, Appeal. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 55 (2) Referral to Other Agencies. Development applications may be referred to other agencies for review and comment. The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The Planning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. Referral of development applications to other agencies shall provide a minimum timeframe for review and comment of fourteen (14) days for development plans, design review, variances, amendments to text of Development Code, and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, re-zoning, and 1041 permits; however, the timeframe for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant, or the application is modified. Referral agencies may include, but are not limited to: (i) Any utility, local improvement or service district, or ditch company, when applicable; (ii) The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange, or other facility; (iii) The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas, and sand and gravel areas that would have a significant impact on the proposed use of the land; (iv) Any other agency concerned with a matter or area of local interest that could be affected by the application; (3) Staff Review and Report. The Director shall review the application in accordance with the criteria established in this chapter and shall prepare written findings of fact. If authorized as the decision-making authority, the Director shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the Director shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority. (4) Required Processing. Applicants shall be required to continuously and diligently pursue their development applications which shall include responding in a timely manner to staff comments and requests. An Applicant which fails to respond to staff comments or requests for a period of four (4) months shall be administratively withdrawn by the Director unless the Director determines that good cause exists to extend the application timeframe and approves such extension in writing. (d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning Commission and Town Council. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 56 (1) Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the Town at least eleven (11) days prior to the hearing date. (2) Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent, registered agent, or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant’s expense. The Eagle County Assessor’s records may be used to determine the addresses of real property owners. The Town shall include a certificate of mailing in the public record. (3) Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the Director’s office during regular business hours for review or inspection by the public, and a statement that written comments may be submitted to the Community Development Department. All required notices shall be approved by the Director prior to posting or distributing. (4) Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision-making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required. (e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, town staff has completed town staff review and referral agencies have had an opportunity to provide comments. The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Council may continue a public hearing on its own initiative for a Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 57 maximum of thirty-five sixty-five (3565) days after the date of the initial public hearing without the consent of the applicant. PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. (f) Step 6: Review and Decision. The following rules shall apply to review, recommendations, and decisions conducted at public hearings. (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and, (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. (2) Authority to Require Additional Studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific consequence(s) or concern(s) for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation. The results of any study or analysis shall not dictate either approval or disapproval of the proposed project. (3) Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation. (4) Conditions. The reviewing authority may recommend approval, or may approve, a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat, or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety, or welfare, or where deemed necessary to protect adjacent property or public Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 58 infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the Town and shall be executed by the applicant. (5) Final Decision. A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to the Town in accordance with §7.16.160, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The Town shall mail the written findings and notification of decision to the applicant within five working days of the decision of the reviewing authority. The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code and only a decision of the Town Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any right to legally challenge such decision. (g) Minor Amendment. The applicant may apply to the Director for minor amendments to an approved development application. Minor amendments to an approved development application may be approved, approved with conditions, or denied administratively by the Director. The Director is authorized to approve minor amendments only if the development approval, as so amended, complies with the standards of the Development Code. The Director may refer a minor amendment to the decision-making body that was responsible for the original approval if the Director determines the amendment may result in a material change to the approved development application. Proposed amendments to an approved development application which are determined by the Director to not be a minor amendment shall be reviewed and processed in the same manner as would be required under this Development Code for the original application for which the amendment is sought and shall include full application fees. Minor amendments shall consist of any of the following: (1) Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the Director, provided such change would not have disqualified the original application from administrative review under this Development Code had it been requested at that time; and provided that the minor amendment does not result in an increase of more than ten percent (10%) in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project. (2) Correction of any errors caused by mistakes that do not materially alter the substance of the development plan or plat as represented to the Council. (3) A change to an approved design which results in a ten percent (10%) or less increase to lot coverage; ten percent (10%) or less increase to building height; adjustments to building footprints, access and parking configurations which are less than ten (10) feet; alterations to the landscaping plan or drainage plan which substantially comply with the original approval; and, changes to doors, windows, roofs, or building articulation which are less than two (2) feet and which do not alter or diminish the overall design character as approved; as are all determined by the Director. (4) Changes to an approved development application which do not result in: (i) An increase in the approved number of dwelling units; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 59 (ii) An increase in the amount of square footage of a non-residential land use or structure; (iii) A change in the housing mix or use mix ratio; or, (iv) A change in the character of the development. (h) Termination of Approval. All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval, or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request. The Director and the PZC may provide one (1) extension for a maximum of one (1) year. Town Council may provide multiple extensions and may provide extensions greater than one year. 7.16.030 Comprehensive Plan Amendment. This section sets forth procedures for reviewing proposed amendments to the texts and maps of the Avon Comprehensive Plan. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the Avon Comprehensive Plan shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications to amend the Comprehensive Plan may be initiated by the Town Council, any registered voter of the Town of Avon, or any property owner in the Town of Avon. (b) Review Authority. The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the Avon Comprehensive Plan after conducting a public hearing. Amendments to the Avon Comprehensive Plan shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 60 (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. 7.16.040 Code Text Amendment. The Council may amend the text of the Development Code, including the adoption, modification, or replacement of appendices to the Development Code, pursuant to this section. The purpose of a code text amendment is to address changed conditions, unintended consequences or changes in public policy, to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the text of the Development Code shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications to amend the text of the Development Code may be initiated by the Town Council, any property owner within the Town of Avon, or any registered elector within the Town of Avon. (b) Review Authority. The PZC shall review applications to amend the text of the Development Code and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the text of the Development Code after conducting a public hearing. Amendments to the text of the Development Code shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 61 (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. 7.16.050 Zoning Amendments. The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the Town. (a) Review Procedures. Applications for a zoning amendment shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for zoning amendments may be initiated by the Town Council or the property owner and may not be initiated by any other person. (b) Review Authority. The PZC shall review applications for zoning amendments and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application for zoning amendment after conducting a public hearing. Zoning amendments shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for zoning amendment: (1) Evidence of substantial compliance with the purpose of the Development Code; (2) Consistency with the Avon Comprehensive Plan; (3) Physical suitability of the land for the proposed development or subdivision; (4) Compatibility with surrounding land uses; (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 62 (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. (d) Mitigation. Zoning amendment applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical, and library. Adequate mitigation may include providing dedications of land or cash-in-lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. 7.16.060 Planned Unit Development (PUD). (a) Purpose. This section is intended to allow flexible development patterns that are not specifically provided for in this Development Code. It is the purpose of this section: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable, and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations, and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently, and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size, and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, flood plains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks, or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas, and similar open space; (7) To minimize adverse environmental impacts of development; (8) To improve the design, quality and character of new development; and Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 63 (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. (b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. (c) Dimensional and Development Standards. The following dimensional and development standards shall apply to all PUDs. (1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district. If there is no underlying zone district one shall be established prior to or concurrently with a PUD approval. The rezoning process set forth in §7.16.050 shall be used to establish the underlying zone district. (2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted, accessory, or special review uses in the underlying zone district. (3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD projects. (d) General Procedures. All PUDs are processed in two stages: 1) the preliminary PUD and 2) the final PUD. The final PUD can only be filed with the Town for review and processing Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 64 after the preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights-of-way, or access control, nor shall the filed PUD plan be the neither the equivalent of nor substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are outlined below. (1) Coordination with Subdivision Review. It is the intent of this Development Code that subdivision review required under §7.16.070, Subdivisions, if applicable, be carried out concurrently with the review of PUD development plans under this section. If subdivision approval is required for the subject property, the PUD plans required under this Section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals. If any provisions of this section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the Town Council. (e) Procedures for Preliminary Planned Unit Development. The general procedures set forth in §7.16.020 shall apply to preliminary Planned Unit Development applications. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing, and review for a PUD as prescribed in this section shall apply to the application. (1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum: (i) A quantitative summary of existing conditions on the subject property; (ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit, and a list of temporary uses; (iii) Parking analysis based on proposed uses; (iv) Density of uses proposed; (v) Location of public and private open space; (vi) Location of existing and proposed buildings on the site; (vii) Road, street, and pedestrian networks proposed; (viii) Drainage facilities; (ix) Existing or proposed utilities and public services; (x) If development is to be phased, a description of the phase components and timing; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 65 (xi) A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code, or a statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and (xii) A statement specifying the public benefit(s) to be contained in or associated with the PUD. (2) Notice. Where subdivision approval will be required to implement development in a proposed PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements. (3) Reviewing Authority. The PZC shall review a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a preliminary PUD application after conducting a public hearing. Unless otherwise approved by the Town Council, approval of a preliminary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan. (4) Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 66 (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. (5) Submission Deadline for Final PUD Master Plan. Within six (6) months following approval of the preliminary PUD plan, the applicant shall initiate the second stage of their application process by filing with the Director a final PUD plan, and subdivision plat if necessary, containing in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code. Upon written request by the applicant prior to the application lapsing, the Planning and Zoning Commission, for good cause, may extend the period for filing the final PUD plan for a period not to exceed six (6) months. (f) Procedures for Final Planned Unit Development Approval. The general procedures set forth in §7.16.020, General Procedures and Requirements, shall apply to final Planned Unit Development applications subject to the following exceptions and additions: (1) Pre-Application Conference. A pre-application conference shall be required, unless waived by the Director. (2) Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in subsection b. below. In addition to the materials required in the administration manual, the final PUD master plan shall include the following: (i) Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities, and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density and a pro rata allocation of common open space shall be made as each phase is developed. (ii) Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required. (iii) Plats for Recording. A copy of any subdivision plat, plat of dedication, or plat of vacation that may be necessary part of the PUD rezoning is required. (iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting development of construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 67 (3) Permitted Minor Changes from a Preliminary PUD Master Plan. Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this subsection may cause any of the following: (i) A change in the use or character of the development; (ii) An increase by more than one percent (1%) in the overall coverage of structures; (iii) An increase in the density or intensity of use; (iv) An increase in the impacts on traffic circulation and public utilities; (v) A reduction of not more than one percent (1%) in approved common open space; (4) Reviewing Authority. The PZC shall review all final PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing. (5) Review Criteria. The PZC and the Town Council shall review the final PUD development plan and PUD rezoning according to the same approval criteria listed above for preliminary PUD development plans. (g) Recordation. The applicant shall record the approved final PUD, as approved, in the office of the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD is not recorded, the approval of the Town Council shall be deemed to have been withdrawn; and the approval shall be null and void. (h) Amendments to a Final PUD. The provisions of §7.16.020(g), Minor Amendment, are applicable to PUDs. Unless a Final PUD contains different amendment procedures, amendments to a Final PUD are governed by this section. The PUD amendment process is dependent on the type of amendment. (1) PUD Amendment Categories. Categories of PUD Amendments are established and defined as follows for the purpose of determining the appropriate review procedure: (i) Administrative Amendment. A proposed PUD amendment is considered administrative if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD Development Plan as represented to Council. (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 68 (A) The PUD Amendment does not increase density, increase the amount of nonresidential land use, or significantly alter any approved building scale and mass of development. (B) The PUD Amendment does not change the character of the development, and maintains the intent and integrity of the PUD. (C) The PUD Amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. (iii) Major Amendment. A PUD Amendment that is not classified as an administrative or minor amendment is considered a major amendment. (2) Reviewing Authority (i) Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. (ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General Procedures and Requirements, shall apply to major PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a minor PUD amendment application after conducting a public hearing. (iii) Major Amendments. The general procedures set forth in §7.16.020 shall apply to major PUD amendment applications. All major PUD Amendment applications shall be processed as a Preliminary PUD and Final PUD applications. (3) Review Criteria. The PZC and Town Council shall review a PUD amendment according to the same approval criteria listed above for preliminary PUD development Plan. (i) Lapse. Unless otherwise provided by Town Council, development of an approved PUD shall commence within twelve (12) months from the approval of the final PUD plan. If development has not commenced within twelve (12) months, the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property back to its prior zoning classification, or in light of other conditions, to another zoning classification, and revocation of all permits issued and action taken. (j) Revocation of a Final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this section. (1) Initiation of Revocation Proceedings. Revocation of a PUD may occur if: (i) The landowner or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or in part; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 69 (ii) The project falls more than three (3) years behind the phasing plan or schedule filed with the final PUD; (iii) Construction and or application for building permits have not commenced within one (1) year of approval of the final PUD by the Town Council; or (iv) The construction and provision of landscaping, buffers, open space, and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components. (2) Public Notice Requirements. Prior to the Planning and Zoning Commission meeting and the Town Council meeting notice shall be given in accordance with the provisions of §7.16.020(d). (3) Review Authorities. (i) Planning and Zoning Commission Public Hearing. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force, or postpone the application. The Planning and Zoning Commission shall not recommend revocation of the final PUD to the Town Council unless the Planning and Zoning Commission makes the findings required for revocation. The Planning and Zoning Commission may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying final plat. (ii) Town Council Public Hearing. The Town Council shall hold a public hearing and determine whether to revoke, postpone, or keep the final PUD in force. The Town Council shall not revoke the final PUD unless it makes the findings required for revocation. The Town Council may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying final plat. (4) Required Findings for Revocation. The Planning and Zoning Commission shall not recommend revocation and the Town Council shall not revoke any final PUD unless the following findings are made: (i) Revocation proceedings were initiated pursuant to this section; and (ii) The property owner(s) were notified no less than sixty (60) days prior to Planning and Zoning Commission action on the revocation; and (iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the revocation pursuant to the provisions of §7.16.020(d); and (iv) The PUD is not compatible with the surrounding area; or (v) There is not a need for the uses in the area included within the PUD plan; or Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 70 (vi) The PUD will have adverse impacts on future development of the area; or (vii) The traffic generated by the PUD plan will have adverse impacts on the neighborhood and the surrounding area; or (viii) The PUD will have adverse impacts on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police, and fire protection, recreation facilities, park lands, and open space; or (ix) The PUD will have adverse impacts on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems; or (x) The PUD will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public hearing; or (xi) The owner or applicant has not met all dates established in the PUD plan for the commencement of construction of the PUD or for a phase of the PUD plan; or (xii) The revocation is in conformance with the provisions contained in applicable sections of this Code, consistency with the adopted comprehensive plan for the Town, and applicable specific plans and relevant Town policies. 7.16.070 Subdivisions. The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this development code, and encourage quality development consistent with the goals, policies, and objectives in the comprehensive plan. (a) Applicability. The procedures of this section and the standards in Chapter 7.32, Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining, or altering of any lot, parcel, or tract of land, including land used for condominiums, apartments, or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land or airspace has been subdivided as one type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that: (1) Is created by a lien, mortgage, deed of trust, or any other security instrument; (2) Is created by any interest in an investment entity; (3) Creates cemetery lots; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 71 (4) Creates an interest or interests in oil, gas, minerals, or water that are severed from the surface ownership of real property; (5) Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common of such interest. For the purpose of this paragraph, any interest in common owned in joint tenancy shall be considered a single interest; (6) Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate; (b) Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure: (1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements. (2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat, and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions. (3) Administrative Subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) units, and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots. The Director shall have the authority to determine that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application, or multiple applications, presents issues which warrant review and approval by the Town Council. All administrative subdivisions are exempt from notice requirements outlined in §7.16.020(d). (c) Review Procedures. Applications for a subdivision shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for subdivision must be initiated by the owner of real property. The Director may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing, and review for a PUD as prescribed in the Development Code shall apply to the application. (d) Review Authority. The review authority for a subdivision application shall be determined by the subdivision category. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 72 (1) Major Subdivision. Major subdivisions shall be required to obtain approval for preliminary plan and for final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. (2) Minor Subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Town Council shall render the final decision on a minor subdivision application after conducting a public hearing. Minor subdivisions shall be approved by resolution or ordinance of the Town Council. (3) Administrative Subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat. Director shall review and render decisions on administrative subdivisions. A decision of the Director may be appealed to the Town Council pursuant to §7.16.160, Appeal. (e) Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plan subdivision applications: (1) The proposed subdivision shall comply with all applicable use, density, development, and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks, and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; (2) The subdivision application shall comply with the purposes of the Development Code; (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; (4) The land shall be physically suitable for the proposed development or subdivision; (5) The proposed subdivision shall be compatible with surrounding land uses; (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 73 (7) The proposed utility and road extensions are consistent with the utility’s service plan and are consistent with the Town of Avon Comprehensive Plan & Comprehensive Transportation Master Plan; (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide an “conditional capacity to serve” letter for the propose subdivision; (12) That the general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes of this Development Code; (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces, and other public and common facilities in the subdivision and that Town can afford any proposed responsibilities to be assumed by the Town; (16) If applicable, the declarations and owners’ association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and, (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. (f) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application: Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 74 (1) The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (i) The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size; (ii) The lots and parcels have descriptions that both close and contain the area indicated; and (iii) The plat is correct in accordance with surveying and platting standards of the state. (2) The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications, and conditions attached to the approval of the preliminary plan; (3) The final plat conforms to all preliminary plan criteria; (4) The development will substantially comply with all sections of the Development Code; (5) The final plat complies with all applicable technical standards adopted by the Town; and, (6) Appropriate utilities shall provide an ability to serve letter including, but not limited to, water, sewer, electric, gas, and telecommunication facilities. (g) Public Improvements Guarantee. Guarantees for public improvements shall comply with §7.32.100(c). (h) Revocation. An approval of a final plat is revoked pursuant to this section. (1) Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Council. In the event that the plat is not recorded, the approval of the Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat. (2) Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Council. (3) Extension. Extensions of the time limit for project completion may be obtained from the Council for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 75 7.16.080 Development Plan. The purpose of the development plan review process is to ensure compliance with the development and design standards and provisions of this Development Code. It is designed to encourage quality development reflective of the goals, policies, and objectives of the Comprehensive Plan. (a) Applicability. A development plan shall be required for all new development and any modification to an existing development or development plan. (b) Development Plan categories. Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Major Development Plan. Major development plans include all new building construction over six hundred (600) square feet; (2) Minor Development Plan. Minor development plans include the following: (i) All new building construction six hundred (600) square feet or less; (ii) Modifications to dumpster locations; (iii) Screen wall modifications; (iv) Landscape modifications including, but not limited to, removal of existing vegetation and addition of new vegetation; (v) Deck modifications including, but not limited to, additions, new construction, and materials or color modifications; (vi) Mechanical equipment modifications; (vii) Modifications to the exterior of an existing building including, but not limited to, windows, doors, minor architectural details, colors, and materials; and (viii) Modifications to approved development plans which results in a ten percent (10%) or less increase to lot coverage; ten percent (10%) or less increase to building height; ten percent (10%) or less increase to the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project (ix) Modifications to approved development plans which do not change the character of the approved design; and (x) Other similar changes to a structure or property that do not significantly impact the site layout or design of a building. (c) Review Procedures. The general review procedures described in §7.16.020, General Procedures and Requirements, shall apply to development plan applications. All development Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 76 plan applications shall also comply with the procedures listed in §7.16.090, Design Review. Specific additions and modifications to the general review procedures are identified below. (d) Notice and Hearing. Notice and public hearing shall not be required for development plan review. (e) Review Authority. The review authority for a development plan application shall be determined by the subdivision category. (1) Major Development Plan. The Director shall review and provide a recommendation to the PZC on all major development plan applications. The PZC shall render the final decision on a major development plan, unless the application is located within the Town Core. The decision of the PZC may be appealed to the Town Council pursuant to §7.16.160, Appeal. If an application is located within the Town Core, the Director shall review and provide a recommendation to the PZC. The PZC shall review and provide a recommendation to the Town Council. The Town Council shall render the final decision on a major development plan within the Town Core. (2) Minor Development Plan. The Director shall review and render decisions on all minor development plan applications. The decision of the Director may be appealed to the PZC pursuant to §7.16.160, Appeal. The Director may refer to the PZC any development plan application that the Director determines warrants review by the PZC. (f) Review Criteria. The following review criteria shall be considered as the basis for a decision on development plan applications: (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. (g) Expiration. A development plan approval expires pursuant to §7.16.020(h). (h) Revocation. Approved site plan documents shall be binding upon the applicants and their successors and assigns. No permit shall be issued for any building or structure or use that is not in accord with the approved documents or any approved modifications thereto. The Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 77 construction, location, use, or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the documents. No structure, use, or other element of approved design review documents shall be eliminated, altered, or provided in another manner unless an amended site plan is approved. Any deviation from the approved development plan as approved shall be grounds for revocation of the development plan approval. 7.16.090 Design Review. The purpose of the design review process is to ensure compliance with the development and design standards of the Development Code and conformance with the Avon Design Guidelines prior to the issuance of a building permit or concurrent with other required permits, and to encourage quality development reflective of the goals and objectives of the Avon Comprehensive Plan. (a) Purpose. Specific purposes of design review include: (1) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms; (2) To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structure and that there shall be conformance to the Comprehensive Plan of the Town; (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town’s overall appearance, with natural and existing landforms, and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and (4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. (b) Applicability. A design review application shall be required for all new development and improvements as well as any modification to an existing development or improvement. (c) Review Procedures. The design review process shall be a supplemental review for all development plan applications. (d) Notice and Hearing. Public notice and hearing shall not be required for this application type. (e) Reviewing Authority. All design review applications shall be subject to the review authority of the accompanying development plan application. (f) Review Criteria. The PZC and Town Council shall apply the following review criteria for the basis of recommendations and decisions on design review: Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 170 (vi) Parking structures shall be oriented to provide pedestrian access to adjacent public walkways, public buildings, and public plazas; however, to avoid pedestrian/vehicle conflicts, placing major access points along the area’s primary street network shall be avoided where an alternate access point is possible. 7.28.100 Natural Resource Protection (a) Steep Slopes (1) Purpose. The purpose of this subsection is to: (i) Prevent soil erosion and landslides; (ii) Protect the public by preventing or regulating development in locations with steep slopes; (iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and to provide access for emergency vehicles necessary to serve the hillside areas; (iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls; (v) Discourage mass grading of large pads and excessive terracing; and (vi) Require revegetation and reclamation of slopes disturbed during development. (2) Applicability. The standards in this section shall apply to all new development, with the exception of administrative subdivisions and all other subdivision, PUD and zoning amendment processes that do not result in an increase in density. any new subdivision, PUD, or zoning amendment when any portion of the lot contains naturally- occurring slopes of thirty percent (30%) or greater. (3) Standards. Development subject to these standards shall comply with the following standards: (i) Development on natural slopes of forty percent (40%) or greater is prohibited. (ii) Grading Permits. No grading, excavation, or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services, or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the Town Engineer. (iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent (40%) shall remain in natural private or public open space, except Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 171 as expressly allowed in this section. This area may be credited toward open space requirements and minimum lot area requirements. (iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty percent (30%) that is larger than two-thousand and five-hundred (2,500) square feet, the lot shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred and fifty (150) linear feet. Lots shall not be mass-graded to avoid this section. (v) Limits on Changes to Natural Grade. The original, natural grade shall not be raised or lowered more than six (6) feet at any point for construction of any structure or improvement. Retaining walls must comply with the requirements set forth in this section. (vi) Limits on Graded or Filled Man-Made Slopes (A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged wherever possible. (B) Graded or filled man-made slopes shall not exceed a slope of fifty percent (50%). (C) Cut man-made surfaces or slopes shall not exceed a slope between twenty-five percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or geotechnical report prepared and approved by the Town Engineer, that a cut at a steeper slope will be stable and will not create a hazard to public or private property. (D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The cut surface of the bedrock should be “sculptured” to create an irregular profile which approximates natural rock outcroppings on the site. Planting pockets may be created in the “sculptured” rock for grasses and forbs. (E) All cut, filled, and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain pursuant to paragraph (G), below and §7.28.050, Landscaping. (vii) Natural Design (A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut and fill slopes (within approximately five (5) feet of the sharp angle). Where this would damage tree root systems, the amount of rounding off may be reduced and shrubs used instead to hide the transition. (B) Slopes providing a transition from graded areas into natural areas should be varied in percent grade both up-slope and across the slope, in the undulating Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 172 pattern of surrounding natural slopes; so that the top or the toe (or both) of the cut or fill slope will vary from a straight line in plan view. (C) Natural grade at the lot lines shall be maintained. (viii) Separate Pads (A) Cutting and grading to create benches or pads for buildings or structures shall be avoided to the maximum extent feasible. (B) Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similar facilities, shall not be allowed except where the natural slope is twenty percent (20%) or less. (ix) Parking Areas. Parking areas should be constructed on multiple levels and follow natural contours as necessary to minimize cut and fill. (x) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall comply with the standards of §7.28.070, Retaining Walls. (xi) Natural Drainage Patterns (A) Site design shall not change natural drainage patterns. (B) To the maximum extent feasible, development shall preserve the natural surface drainage pattern unique to each site as a result of topography and vegetation. Grading shall ensure that drainage flows away from all structures, especially structures that are cut into hillsides. Natural drainage patterns may be modified on site only if the applicant shows that there will be no significant adverse environmental impacts on site or on adjacent properties. If natural drainage patterns are modified, appropriate stabilization techniques shall be employed. (C) Development shall mitigate all negative or adverse drainage impacts on adjacent and surrounding sites. (D) Standard erosion control methods shall be used during construction to protect water quality, control drainage, and reduce soil erosion. Sediment traps, small dams, or barriers of straw bales shall be located wherever there are grade changes to slow the velocity of runoff. (xii) Revegetation Required. Any area exposed in new development shall be landscaped or revegetated pursuant to the standards and provisions of §7.28.100(c)(6), Revegetation Plan. (xiii) Streets, Roads, and General Site Access Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 173 (A) Applies to all site access except three (3) unit, single family or duplex lots. (B) Access to a building or development site shall be by road, street, or private access road only. (C) Streets, roads, private access roads, and other vehicular routes shall comply with all requirements of the Town of Avon municipal code and design specifications. (D) Streets, roads, private access roads, and other vehicular routes shall not be allowed to cross slopes between thirty (30) and fifty (50) percent unless specifically authorized by the PZC after finding that all of the following conditions and constraints are applicable: (1) No alternate location for access is available; and (2) No significant adverse visual, environmental, or safety impacts will result from the crossing, either by virtue of the design and construction of the street, road, private access road, or other vehicular route as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts. (E) Under no circumstances shall any street, road, private access road, or other vehicular route cross slopes greater than fifty percent (50%). (F) Streets, roads, private access roads, and other vehicular routes shall, to the maximum extent feasible, follow natural contour lines. (G) Grading for streets, roads, private access roads, and other vehicular routes shall be limited to the asphalt portion of the right-of-way, plus up to an additional ten (10) feet on either side of the asphalt as needed, except that when developing access on slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way shall be graded plus the minimum area required for any necessary curb, gutter, or sidewalk improvements. The remainder of the access right-of-way shall be left undisturbed to the maximum extent feasible. (H) Roads, other vehicular routes, or trails may be required to provide access or maintain existing access to adjacent lands for vehicles, pedestrians, emergency services, and essential service and maintenance equipment. (b) Stream, River, Waterbody, and Wetlands (1) Purpose. This section is intended to minimize erosion, stabilize stream banks, protect and improve water quality, preserve fish and wildlife habitat, and preserve the natural aesthetic value of streams, rivers, water bodies, and wetland areas of the Town of Avon. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 199 (2) Generally applicable development and design standards (Chapter 7.28). 7.32.020 Layout and Design Generally (a) Applicability. The regulations of this subsection shall apply to all development and all subdivision applications. (b) Name of Subdivision. The title under which the subdivision will be recorded shall not duplicate the name of any existing subdivision in the County. (c) Compliance with the Development Code. All subdivisions must be designed to create legal building sites meeting all applicable requirements of the Development Code and the applicable zone district. (d) Natural Hazard Areas. Land subject to hazardous conditions such as landslides, mud flows, earth subsidence, rock falls, snow drifts, possible mine subsidence, mine shafts, shallow water table, open quarries, floods, and polluted or non-potable water supply shall be identified and shall not be subdivided until the hazards have been mitigated or will be mitigated by the subdivision and construction plans. The use of building envelopes shall be used to avoid unmitigated hazards, and areas with unmitigated hazards shall be platted as open space (e) Adjoining Subdivisions. A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to the alignment of street right-of-ways, utility and drainage easements, open space, and pedestrian/bicycle paths. (f) Lots (1) Applicability. The regulations of this subsection shall apply to all new lots, replats of lots, tracts, and blocks with the exception of condominium and duplex subdivisions that are in conformance with their preliminary plan. (2) Floodplains. No residential lot or parcel intended for residential or nonresidential occupancy shall include any land included within the one-hundred (100) year floodplain, as determined by the Town Engineer. Lot layout shall be in conformance with §7.28.100(d), Flood Damage Prevention. (3) Conformity with Residential Design Standards. All lots created for single- family residential development are required to meet all adopted residential design requirements of §7.28.090(d) and §7.20.090(f) that are applicable to the development. (4) Commercial and Industrial Lots. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking, landscaping or planting area, and loading areas required by the type of use and development contemplated as described in §7.28.090(j), Mixed-Use and Non-Residential Design Standards. Attachment A to Ordinance 13-09 1st Tier Title 7 Amendments 2013 Update July 17, 2013 Page 200 (5) Multiple Frontage and Flag Lots (i) Double frontage lots shall not be permitted adjacent to local streets, and should be avoided where practicable along collector and arterial streets. (ii) Triple frontage lots and flag lots are prohibited, unless special consideration by the Planning and Zoning Commission allows for their placement. Where permitted, flag lots shall have a minimum width of thirty (30) feet at the property frontage (6) Buildable Area. Every lot must have a buildable area large enough to be consistent with the zoning for the lot. The buildable area cannot include areas with slopes steeper than forty percent (40%), should be located to avoid natural hazard areas, critical wildlife habitats and floodplains unless properly mitigated. (7) Building Envelopes (i) Applicability. The regulations of this subsection shall apply to all lots with natural hazards, floodplains, and slopes steeper than thirty percent (30%). (ii) All lots with natural hazards, floodplains and slopes steeper than thirty percent (30%) shall have platted building envelopes which restricts development to areas without natural hazards, floodplains and slopes steeper than thirty percent (30%). (iii) All building envelopes The buildable area for each structure shall be no smaller than twenty-five hundred (2,500) square feet and have a minimum dimension greater than twenty-five (25) feet wide. (iv) All building envelopes shall neither contain nor be affected by unmitigated natural hazards (v) If the access to the buildable area crosses slopes steeper than thirty percent (30%), the developer will have to demonstrate that the access to the buildable area can meet all other standards in this Code. (vi) All building improvements above or below grade shall not extend beyond the extents of the building envelope. (vii) Building envelopes shall be sited to minimize impact to wildlife habitats. (8) Access to Public Streets. All lots shall have access to a dedicated public street. If the plat provides for indirect access (i.e., over intervening private drives), access easements benefitting all lots with indirect access shall be provided and recorded before any building permit is issued for a lot with indirect access. Indirect access to single- family detached subdivisions from public streets may be provided by means of a court drive as described below. Attachment A to Ordinance 13-09 Resolution 13-03, Code Text Amendment for Natural Resource Protection 2 Exhibit A to PZC Resolution 13-03 Section 1. Amendment to Section 7.28.100(a), Steep Slopes. Section 7.28.100(a), Steep Slopes, of the ADC is hereby amended with the following modifications: The Applicability for Steep Slopes will be amended as follows: (2) Applicability. The standards in this section shall apply to all new development, with the exception of administrative subdivisions and all other subdivision, PUD and zoning amendment processes that do not result in an increase in density. any new subdivision, PUD, or zoning amendment when any portion of the lot contains naturally-occurring slopes of thirty percent (30%) or greater. Subsection Limits on Graded or Filled Man-Made Slopes, will be removed in its entirety: (v) Limits on Changes to Natural Grade. The original, natural grade shall not be raised or lowered more than six (6) feet at any point for construction of any structure or improvement. Retaining walls must comply with the requirements set forth in this section. The Applicability of Streets, Roads, and General Site Access, is modified by removing reference to specific building types as follows: (A) Applies to all site access except three (3) unit, single family or duplex lots. Section 2. Amendment to Section 7.32.020, Layout and Design Generally. Section 7.32.020, Layout and Design Generally, ADC is hereby amended with the following modifications: An Applicability statement is added to the front end of the Engineering Improvement Standards Chapter: (a) Applicability. The regulations of this subsection shall apply to all development and all subdivision applications. The Applicability statement in the Lots subsection is removed as follows: (1) Applicability. The regulations of this subsection shall apply to all new lots, replats of lots, tracts, and blocks with the exception of condominium and duplex subdivisions that are in conformance with their preliminary plan. The Applicability statement in the Building Envelopes subsection is removed as follows: (i) Applicability. The regulations of this subsection shall apply to all lots with natural hazards, floodplains, and slopes steeper than thirty percent (30%). Resolution 13-03, Code Text Amendment for Natural Resource Protection 3 The statement restricted any development on areas steeper than forty percent (40%) is removed, and the wildlife habitat statement is moved from Building Envelopes to Buildable Area as follows: (1) Buildable Area. Every lot must have a buildable area large enough to be consistent with the zoning for the lot. The buildable area cannot include areas with slopes steeper than forty percent (40%), should be located to avoid natural hazard areas, critical wildlife habitats, and floodplains, unless properly mitigated. The Building Envelope subsection is removed, and the pertinent sections related to minimum size of a buildable area and protecting wildlife habitat are moved into the Buildable Area subsection as follows: (1) Building Envelopes (i) Applicability. The regulations of this subsection shall apply to all lots with natural hazards, floodplains, and slopes steeper than thirty percent (30%). (ii) All lots with natural hazards, floodplains and slopes steeper than thirty percent (30%) shall have platted building envelopes which restricts development to areas without natural hazards, floodplains and slopes steeper than thirty percent (30%). (iii) All building envelopes The buildable area for each structure shall be no smaller than twenty-five hundred (2,500) square feet and have a minimum dimension greater than twenty-five (25) feet wide. (iv) All building envelopes shall neither contain nor be affected by unmitigated natural hazards (v) If the access to the buildable area crosses slopes steeper than thirty percent (30%), the developer will have to demonstrate that the access to the buildable area can meet all other standards in this Code. (vi) All building improvements above or below grade shall not extend beyond the extents of the building envelope. (vii) Building envelopes shall be sited to minimize impact to wildlife habitats. Development Review Procedures 2013 Update June 18, 2013 Page 52 Chapter 7.16 Development Review Procedures 7.16.010 Purpose. This chapter contains regulations and the procedures for development applications. §7.16.020 contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 7.16-1 indicates the specific review and approval procedures of this chapter, with section references. Table 7.16-1: Development Review Procedures and Review Authority Procedure DirectorPZCTC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment (§7.16.040) R H-R H-D Rezoning Zoning Amendment (§7.16.050) R H-R H-D Planned Unit Development (§7.16.060) Administrative PUD D A Minor PUD Amendment R H-R H-D Major PUD Amendment R H-R H-D Preliminary PUD R H-R H-D Final PUD R H-R H-D Major Subdivision (§7.16.070) Administrative Subdivision (§7.16.070) D A Minor Subdivision (§7.16.070) R H-D Preliminary Plan R H-R H-D Final Plat R H-D Development Plan (§7.16.080) Minor Development Plan (§7.16.080) D A Major Development Plan (§7.16.080) R H-D A Major Development Plan in Town Core (§7.16.080) R H-R H-D Design Review (§7.16.090) R H-D A Special Review Use (§7.16.100) R H-D A Variance (§7.16.110) R H-D A Alternative Equivalent Compliance (§7.16.120) R H-D or H- R A or H-D Right-of-Way Vacation (§7.16.130) R H-D Vested Property Right (§7.16.140) R H-R H-D Location, Character, and Extent (§7.16.150) R H-D A Appeal (§7.16.160) H-D Annexation (§7.36) R H-R H-D 1041 Permit (§7.40) R H-R H-D R=Review/Recommendations; H=Public Hearing;D=Decision; A=Appeal Development Review Procedures 2013 Update June 18, 2013 Page 53 7.16.020 General Procedures and Requirements. The following procedures shall apply to all development applications which are reviewed under this Chapter 7.16. (a) Step 1: Pre-application Conference. A pre-application conference is required for all development applications unless waived by the Director. The pre-application conference serves to assist the applicant with (1) identifying information which must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues, and (5) determining appropriate fees. The Director may include other Town representatives in the pre-application conference as deemed appropriate. The applicant shall provide sufficient information to the Director at least five (5) business days prior to a scheduled pre-application conference, unless such time frame is waived by the Director. Minimum information shall include applicant information, property description, description of proposed development or nature of development application, and conceptual site plans or drawings which illustrate the nature of the development application. The Director may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre-application conference. The Director may provide a written letter after the pre-application conference summarizing application submittal requirements, review procedures, development standards, planning issues, and required fees. The informal evaluation of the Director and staff provided at the pre-application conference are not binding upon the applicant or the Town. Critical issues relevant to a development application may not be apparent at the pre-application conference and may require additional review, submissions, or studies later in the application process. (b) Step 2: Application Submittal. (1) Applicant. The owner of real property, or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved, and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town. (2) Application Submittal Requirements. The applicant shall submit the application to the Director. Application submittal requirements for every application type shall be established by the Director on submittal forms available in the Administrative Manual from the Department of Community Development or on the Town’s website. The Director may adopt standards and requirements for three dimensional electronic and graphic information for application submittal requirements. The Director may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the Planning Commission or Town Council from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include: Development Review Procedures 2013 Update June 18, 2013 Page 54 (i) Completed application form; (ii) Owner’s signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant; (iii)Title insurance commitment which has been updated within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions; (iv) Legal description of the property subject to the development application; (v) Development application review fees; and (vi) Survey no more than three (3) years old stamped by a surveyor licensed in the State of Colorado. (3) Required Studies and Reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts, and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant’s sole expense. The Town may require independent peer review of any report or study provided by the applicant. The applicant and the Town may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the Director and set forth in the Administrative Manual. (4) Concurrent Review Permitted. Where multiple development applications concern the same property then the Director may permit concurrent review of the development applications for efficiency and practicality. (5) Multiple Applications. A single property shall not be permitted to have more than one (1) application of the same type being processed concurrently. (6) Fees. Fees shall be paid in accordance with §7.04.100, Fees. (c) Step 3: Application Processing. (1) Determination of Completeness. A development application shall be reviewed for completeness by the Director within ten (10) business days after receipt. If the application is determined to not be complete then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the Town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the Director that the application is incomplete may be appealed to the Town Council in accordance with the procedures in §7.16.160, Appeal. Development Review Procedures 2013 Update June 18, 2013 Page 55 (2) Referral to Other Agencies. Development applications may be referred to other agencies for review and comment. The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The Planning Commission and Town Council may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. Referral of development applications to other agencies shall provide a minimum timeframe for review and comment of fourteen (14) days for development plans, design review, variances, amendments to text of Development Code, and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, re-zoning, and 1041 permits; however, the timeframe for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant, or the application is modified. Referral agencies may include, but are not limited to: (i) Any utility, local improvement or service district, or ditch company, when applicable; (ii) The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange, or other facility; (iii) The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas, and sand and gravel areas that would have a significant impact on the proposed use of the land; (iv) Any other agency concerned with a matter or area of local interest that could be affected by the application; (3) Staff Review and Report. The Director shall review the application in accordance with the criteria established in this chapter and shall prepare written findings of fact. If authorized as the decision-making authority, the Director shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the Director shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority. (4) Required Processing. Applicants shall be required to continuously and diligently pursue their development applications which shall include responding in a timely manner to staff comments and requests. An Applicant which fails to respond to staff comments or requests for a period of four (4) months shall be administratively withdrawn by the Director unless the Director determines that good cause exists to extend the application timeframe and approves such extension in writing. (d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning Commission and Town Council. Development Review Procedures 2013 Update June 18, 2013 Page 56 (1) Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the Town at least eleven (11) days prior to the hearing date. (2) Mailed Notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. If a property within three hundred (300) feet that requires notification is a condominium project, notice may be mailed to the managing agent, registered agent, or any member of the board of directors of the project. Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. Mailed notice shall be sent by the Town at the applicant’s expense. The Eagle County Assessor’s records may be used to determine the addresses of real property owners. The Town shall include a certificate of mailing in the public record. (3) Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the Director’s office during regular business hours for review or inspection by the public, and a statement that written comments may be submitted to the Community Development Department. All required notices shall be approved by the Director prior to posting or distributing. (4) Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the Town document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision-making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required. (e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, town staff has completed town staff review and referral agencies have had an opportunity to provide comments. The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Council may continue a public hearing on its own initiative for a Development Review Procedures 2013 Update June 18, 2013 Page 57 maximum of thirty-five sixty-five (3565) days after the date of the initial public hearing without the consent of the applicant. PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. (f) Step 6: Review and Decision. The following rules shall apply to review, recommendations, and decisions conducted at public hearings. (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and, (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. (2) Authority to Require Additional Studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific consequence(s) or concern(s) for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation. The results of any study or analysis shall not dictate either approval or disapproval of the proposed project. (3) Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation. (4) Conditions. The reviewing authority may recommend approval, or may approve, a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat, or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety, or welfare, or where deemed necessary to protect adjacent property or public Development Review Procedures 2013 Update June 18, 2013 Page 58 infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the Town and shall be executed by the applicant. (5) Final Decision. A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to the Town in accordance with §7.16.160, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The Town shall mail the written findings and notification of decision to the applicant within five working days of the decision of the reviewing authority. The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code and only a decision of the Town Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any right to legally challenge such decision. (g) Minor Amendment. The applicant may apply to the Director for minor amendments to an approved development application. Minor amendments to an approved development application may be approved, approved with conditions, or denied administratively by the Director. The Director is authorized to approve minor amendments only if the development approval, as so amended, complies with the standards of the Development Code. The Director may refer a minor amendment to the decision-making body that was responsible for the original approval if the Director determines the amendment may result in a material change to the approved development application. Proposed amendments to an approved development application which are determined by the Director to not be a minor amendment shall be reviewed and processed in the same manner as would be required under this Development Code for the original application for which the amendment is sought and shall include full application fees. Minor amendments shall consist of any of the following: (1) Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the Director, provided such change would not have disqualified the original application from administrative review under this Development Code had it been requested at that time; and provided that the minor amendment does not result in an increase of more than ten percent (10%) in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project. (2) Correction of any errors caused by mistakes that do not materially alter the substance of the development plan or plat as represented to the Council. (3) A change to an approved design which results in a ten percent (10%) or less increase to lot coverage; ten percent (10%) or less increase to building height; adjustments to building footprints, access and parking configurations which are less than ten (10) feet; alterations to the landscaping plan or drainage plan which substantially comply with the original approval; and, changes to doors, windows, roofs, or building articulation which are less than two (2) feet and which do not alter or diminish the overall design character as approved; as are all determined by the Director. (4) Changes to an approved development application which do not result in: (i) An increase in the approved number of dwelling units; Development Review Procedures 2013 Update June 18, 2013 Page 59 (ii) An increase in the amount of square footage of a non-residential land use or structure; (iii) A change in the housing mix or use mix ratio; or, (iv) A change in the character of the development. (h) Termination of Approval. All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval, or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request. The Director and the PZC may provide one (1) extension for a maximum of one (1) year. Town Council may provide multiple extensions and may provide extensions greater than one year. 7.16.030 Comprehensive Plan Amendment. This section sets forth procedures for reviewing proposed amendments to the texts and maps of the Avon Comprehensive Plan. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the Avon Comprehensive Plan shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications to amend the Comprehensive Plan may be initiated by the Town Council, any registered voter of the Town of Avon, or any property owner in the Town of Avon. (b) Review Authority. The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the Avon Comprehensive Plan after conducting a public hearing. Amendments to the Avon Comprehensive Plan shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Development Review Procedures 2013 Update June 18, 2013 Page 60 (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. 7.16.040 Code Text Amendment. The Council may amend the text of the Development Code, including the adoption, modification, or replacement of appendices to the Development Code, pursuant to this section. The purpose of a code text amendment is to address changed conditions, unintended consequences or changes in public policy, to advance the general welfare of the Town. (a) Review Procedures. Applications to amend the text of the Development Code shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications to amend the text of the Development Code may be initiated by the Town Council, any property owner within the Town of Avon, or any registered elector within the Town of Avon. (b) Review Authority. The PZC shall review applications to amend the text of the Development Code and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the text of the Development Code after conducting a public hearing. Amendments to the text of the Development Code shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or Development Review Procedures 2013 Update June 18, 2013 Page 61 (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. 7.16.050 Zoning Amendments. The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the Town. (a) Review Procedures. Applications for a zoning amendment shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for zoning amendments may be initiated by the Town Council or the property owner and may not be initiated by any other person. (b) Review Authority. The PZC shall review applications for zoning amendments and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application for zoning amendment after conducting a public hearing. Zoning amendments shall be approved by ordinance of the Town Council. (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for zoning amendment: (1) Evidence of substantial compliance with the purpose of the Development Code; (2) Consistency with the Avon Comprehensive Plan; (3) Physical suitability of the land for the proposed development or subdivision; (4) Compatibility with surrounding land uses; (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Development Review Procedures 2013 Update June 18, 2013 Page 62 (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. (d) Mitigation. Zoning amendment applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical, and library. Adequate mitigation may include providing dedications of land or cash-in-lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. 7.16.060 Planned Unit Development (PUD). (a) Purpose. This section is intended to allow flexible development patterns that are not specifically provided for in this Development Code. It is the purpose of this section: (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and renewal that will result in a more efficient, aesthetic, desirable, and economic use of land while maintaining density and intensity of use consistent with the applicable adopted plans, regulations, and policies of the Town; (2) To promote development within the Town that can be conveniently, efficiently, and economically served by existing local utilities and services or by their logical extension; (3) To promote design flexibility including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as, topography, geology, geography, size, and proximity; (4) To provide for the preservation of historic or natural features where they are shown to be in the public interest, including but not limited to such features as: drainage ways, flood plains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks, or structures; (5) To provide for compatibility with the area surrounding the project site; (6) To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas, and similar open space; (7) To minimize adverse environmental impacts of development; (8) To improve the design, quality and character of new development; and Development Review Procedures 2013 Update June 18, 2013 Page 63 (9) To provide compensating community benefits to offset any impacts of the development and in recognition of design flexibility. (b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. (c) Dimensional and Development Standards. The following dimensional and development standards shall apply to all PUDs. (1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying zone district. If there is no underlying zone district one shall be established prior to or concurrently with a PUD approval. The rezoning process set forth in §7.16.050 shall be used to establish the underlying zone district. (2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted, accessory, or special review uses in the underlying zone district. (3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD projects. (d) General Procedures. All PUDs are processed in two stages: 1) the preliminary PUD and 2) the final PUD. The final PUD can only be filed with the Town for review and processing Development Review Procedures 2013 Update June 18, 2013 Page 64 after the preliminary PUD has been approved or conditionally approved by the Town Council. The filing of a PUD in the office of Community Development shall not constitute the effective dedication of easements, rights-of-way, or access control, nor shall the filed PUD plan be the neither the equivalent of nor substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are outlined below. (1) Coordination with Subdivision Review. It is the intent of this Development Code that subdivision review required under §7.16.070, Subdivisions, if applicable, be carried out concurrently with the review of PUD development plans under this section. If subdivision approval is required for the subject property, the PUD plans required under this Section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals. If any provisions of this section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the Town Council. (e) Procedures for Preliminary Planned Unit Development. The general procedures set forth in §7.16.020 shall apply to preliminary Planned Unit Development applications. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary PUD plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing, and review for a PUD as prescribed in this section shall apply to the application. (1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum: (i) A quantitative summary of existing conditions on the subject property; (ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only with a special review use permit, and a list of temporary uses; (iii) Parking analysis based on proposed uses; (iv) Density of uses proposed; (v) Location of public and private open space; (vi) Location of existing and proposed buildings on the site; (vii) Road, street, and pedestrian networks proposed; (viii) Drainage facilities; (ix) Existing or proposed utilities and public services; (x) If development is to be phased, a description of the phase components and timing; Development Review Procedures 2013 Update June 18, 2013 Page 65 (xi) A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code, or a statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and (xii) A statement specifying the public benefit(s) to be contained in or associated with the PUD. (2) Notice. Where subdivision approval will be required to implement development in a proposed PUD, the public hearing notice requirements for preliminary subdivision plan approval shall be combined and shall run concurrently with the PUD public notice and hearing requirements. (3) Reviewing Authority. The PZC shall review a preliminary PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a preliminary PUD application after conducting a public hearing. Unless otherwise approved by the Town Council, approval of a preliminary PUD application shall vest no rights to the applicant other than the right to submit a final PUD development plan. (4) Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare; (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Development Review Procedures 2013 Update June 18, 2013 Page 66 (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. (5) Submission Deadline for Final PUD Master Plan. Within six (6) months following approval of the preliminary PUD plan, the applicant shall initiate the second stage of their application process by filing with the Director a final PUD plan, and subdivision plat if necessary, containing in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code. Upon written request by the applicant prior to the application lapsing, the Planning and Zoning Commission, for good cause, may extend the period for filing the final PUD plan for a period not to exceed six (6) months. (f) Procedures for Final Planned Unit Development Approval. The general procedures set forth in §7.16.020, General Procedures and Requirements, shall apply to final Planned Unit Development applications subject to the following exceptions and additions: (1) Pre-Application Conference. A pre-application conference shall be required, unless waived by the Director. (2) Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the Planning and Zoning Commission without an additional public hearing, as described in subsection b. below. In addition to the materials required in the administration manual, the final PUD master plan shall include the following: (i) Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities, and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density and a pro rata allocation of common open space shall be made as each phase is developed. (ii) Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required. (iii) Plats for Recording. A copy of any subdivision plat, plat of dedication, or plat of vacation that may be necessary part of the PUD rezoning is required. (iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting development of construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Town Council, which document shall include a provision granting the Town a right to enforce the same. Development Review Procedures 2013 Update June 18, 2013 Page 67 (3) Permitted Minor Changes from a Preliminary PUD Master Plan. Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the PZC to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this subsection may cause any of the following: (i) A change in the use or character of the development; (ii) An increase by more than one percent (1%) in the overall coverage of structures; (iii) An increase in the density or intensity of use; (iv) An increase in the impacts on traffic circulation and public utilities; (v) A reduction of not more than one percent (1%) in approved common open space; (4) Reviewing Authority. The PZC shall review all final PUD applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a final PUD application after conducting a public hearing. (5) Review Criteria. The PZC and the Town Council shall review the final PUD development plan and PUD rezoning according to the same approval criteria listed above for preliminary PUD development plans. (g) Recordation. The applicant shall record the approved final PUD, as approved, in the office of the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the final PUD is not recorded, the approval of the Town Council shall be deemed to have been withdrawn; and the approval shall be null and void. (h) Amendments to a Final PUD. The provisions of §7.16.020(g), Minor Amendment, are applicable to PUDs. Unless a Final PUD contains different amendment procedures, amendments to a Final PUD are governed by this section. The PUD amendment process is dependent on the type of amendment. (1) PUD Amendment Categories. Categories of PUD Amendments are established and defined as follows for the purpose of determining the appropriate review procedure: (i) Administrative Amendment. A proposed PUD amendment is considered administrative if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD Development Plan as represented to Council. (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: Development Review Procedures 2013 Update June 18, 2013 Page 68 (A) The PUD Amendment does not increase density, increase the amount of nonresidential land use, or significantly alter any approved building scale and mass of development. (B) The PUD Amendment does not change the character of the development, and maintains the intent and integrity of the PUD. (C) The PUD Amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. (iii) Major Amendment. A PUD Amendment that is not classified as an administrative or minor amendment is considered a major amendment. (2) Reviewing Authority (i) Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. (ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General Procedures and Requirements, shall apply to major PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall review and render a final decision on a minor PUD amendment application after conducting a public hearing. (iii) Major Amendments. The general procedures set forth in §7.16.020 shall apply to major PUD amendment applications. All major PUD Amendment applications shall be processed as a Preliminary PUD and Final PUD applications. (3) Review Criteria. The PZC and Town Council shall review a PUD amendment according to the same approval criteria listed above for preliminary PUD development Plan. (i) Lapse. Unless otherwise provided by Town Council, development of an approved PUD shall commence within twelve (12) months from the approval of the final PUD plan. If development has not commenced within twelve (12) months, the Director shall initiate a public hearing process for the purpose of considering whether to rezone the property back to its prior zoning classification, or in light of other conditions, to another zoning classification, and revocation of all permits issued and action taken. (j) Revocation of a Final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this section. (1) Initiation of Revocation Proceedings. Revocation of a PUD may occur if: (i) The landowner or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or in part; Development Review Procedures 2013 Update June 18, 2013 Page 69 (ii) The project falls more than three (3) years behind the phasing plan or schedule filed with the final PUD; (iii) Construction and or application for building permits have not commenced within one (1) year of approval of the final PUD by the Town Council; or (iv) The construction and provision of landscaping, buffers, open space, and public streets and facilities that are shown on the final development plan are proceeding at a substantially slower rate than other project components. (2) Public Notice Requirements. Prior to the Planning and Zoning Commission meeting and the Town Council meeting notice shall be given in accordance with the provisions of §7.16.020(d). (3) Review Authorities. (i) Planning and Zoning Commission Public Hearing. The Planning and Zoning Commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force, or postpone the application. The Planning and Zoning Commission shall not recommend revocation of the final PUD to the Town Council unless the Planning and Zoning Commission makes the findings required for revocation. The Planning and Zoning Commission may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying final plat. (ii) Town Council Public Hearing. The Town Council shall hold a public hearing and determine whether to revoke, postpone, or keep the final PUD in force. The Town Council shall not revoke the final PUD unless it makes the findings required for revocation. The Town Council may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens, such as vacation of the underlying final plat. (4) Required Findings for Revocation. The Planning and Zoning Commission shall not recommend revocation and the Town Council shall not revoke any final PUD unless the following findings are made: (i) Revocation proceedings were initiated pursuant to this section; and (ii) The property owner(s) were notified no less than sixty (60) days prior to Planning and Zoning Commission action on the revocation; and (iii) Public notice was mailed prior to the PZC hearing on the revocation and prior to the Town Council hearing on the revocation pursuant to the provisions of §7.16.020(d); and (iv) The PUD is not compatible with the surrounding area; or (v) There is not a need for the uses in the area included within the PUD plan; or Development Review Procedures 2013 Update June 18, 2013 Page 70 (vi) The PUD will have adverse impacts on future development of the area; or (vii) The traffic generated by the PUD plan will have adverse impacts on the neighborhood and the surrounding area; or (viii) The PUD will have adverse impacts on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police, and fire protection, recreation facilities, park lands, and open space; or (ix) The PUD will have adverse impacts on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems; or (x) The PUD will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public hearing; or (xi) The owner or applicant has not met all dates established in the PUD plan for the commencement of construction of the PUD or for a phase of the PUD plan; or (xii) The revocation is in conformance with the provisions contained in applicable sections of this Code, consistency with the adopted comprehensive plan for the Town, and applicable specific plans and relevant Town policies. 7.16.070 Subdivisions. The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this development code, and encourage quality development consistent with the goals, policies, and objectives in the comprehensive plan. (a) Applicability. The procedures of this section and the standards in Chapter 7.32, Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining, or altering of any lot, parcel, or tract of land, including land used for condominiums, apartments, or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land or airspace has been subdivided as one type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that: (1) Is created by a lien, mortgage, deed of trust, or any other security instrument; (2) Is created by any interest in an investment entity; (3) Creates cemetery lots; Development Review Procedures 2013 Update June 18, 2013 Page 71 (4) Creates an interest or interests in oil, gas, minerals, or water that are severed from the surface ownership of real property; (5) Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common of such interest. For the purpose of this paragraph, any interest in common owned in joint tenancy shall be considered a single interest; (6) Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate; (b) Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure: (1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements. (2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat, and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions. (3) Administrative Subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) units, and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots. The Director shall have the authority to determine that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application, or multiple applications, presents issues which warrant review and approval by the Town Council. All administrative subdivisions are exempt from notice requirements outlined in §7.16.020(d). (c) Review Procedures. Applications for a subdivision shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for subdivision must be initiated by the owner of real property. The Director may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing, and review for a PUD as prescribed in the Development Code shall apply to the application. (d) Review Authority. The review authority for a subdivision application shall be determined by the subdivision category. Development Review Procedures 2013 Update June 18, 2013 Page 72 (1) Major Subdivision. Major subdivisions shall be required to obtain approval for preliminary plan and for final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. (2) Minor Subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Town Council shall render the final decision on a minor subdivision application after conducting a public hearing. Minor subdivisions shall be approved by resolution or ordinance of the Town Council. (3) Administrative Subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat. Director shall review and render decisions on administrative subdivisions. A decision of the Director may be appealed to the Town Council pursuant to §7.16.160, Appeal. (e) Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plan subdivision applications: (1) The proposed subdivision shall comply with all applicable use, density, development, and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks, and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; (2) The subdivision application shall comply with the purposes of the Development Code; (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; (4) The land shall be physically suitable for the proposed development or subdivision; (5) The proposed subdivision shall be compatible with surrounding land uses; (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Development Review Procedures 2013 Update June 18, 2013 Page 73 (7) The proposed utility and road extensions are consistent with the utility’s service plan and are consistent with the Town of Avon Comprehensive Plan & Comprehensive Transportation Master Plan; (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide an “conditional capacity to serve” letter for the propose subdivision; (12) That the general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes of this Development Code; (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces, and other public and common facilities in the subdivision and that Town can afford any proposed responsibilities to be assumed by the Town; (16) If applicable, the declarations and owners’ association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and, (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. (f) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application: Development Review Procedures 2013 Update June 18, 2013 Page 74 (1) The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (i) The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size; (ii) The lots and parcels have descriptions that both close and contain the area indicated; and (iii) The plat is correct in accordance with surveying and platting standards of the state. (2) The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications, and conditions attached to the approval of the preliminary plan; (3) The final plat conforms to all preliminary plan criteria; (4) The development will substantially comply with all sections of the Development Code; (5) The final plat complies with all applicable technical standards adopted by the Town; and, (6) Appropriate utilities shall provide an ability to serve letter including, but not limited to, water, sewer, electric, gas, and telecommunication facilities. (g) Public Improvements Guarantee. Guarantees for public improvements shall comply with §7.32.100(c). (h) Revocation. An approval of a final plat is revoked pursuant to this section. (1) Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Council. In the event that the plat is not recorded, the approval of the Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat. (2) Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Council. (3) Extension. Extensions of the time limit for project completion may be obtained from the Council for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted. Development Review Procedures 2013 Update June 18, 2013 Page 75 7.16.080 Development Plan. The purpose of the development plan review process is to ensure compliance with the development and design standards and provisions of this Development Code. It is designed to encourage quality development reflective of the goals, policies, and objectives of the Comprehensive Plan. (a) Applicability. A development plan shall be required for all new development and any modification to an existing development or development plan. (b) Development Plan categories. Categories of development plans are established and defined as follows for the purpose of determining the appropriate development plan review procedure: (1) Major Development Plan. Major development plans include all new building construction over six hundred (600) square feet; (2) Minor Development Plan. Minor development plans include the following: (i) All new building construction six hundred (600) square feet or less; (ii) Modifications to dumpster locations; (iii) Screen wall modifications; (iv) Landscape modifications including, but not limited to, removal of existing vegetation and addition of new vegetation; (v) Deck modifications including, but not limited to, additions, new construction, and materials or color modifications; (vi) Mechanical equipment modifications; (vii) Modifications to the exterior of an existing building including, but not limited to, windows, doors, minor architectural details, colors, and materials; and (viii) Modifications to approved development plans which results in a ten percent (10%) or less increase to lot coverage; ten percent (10%) or less increase to building height; ten percent (10%) or less increase to the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project (ix) Modifications to approved development plans which do not change the character of the approved design; and (x) Other similar changes to a structure or property that do not significantly impact the site layout or design of a building. (c) Review Procedures. The general review procedures described in §7.16.020, General Procedures and Requirements, shall apply to development plan applications. All development Town Council Report T o: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, P.E., Town Engineer Jim Horsley, Engineer II Date: July 10, 2013 Agenda Topic: Preauthorization to Issue Notice of Award for 2013 Street Improvements Projects SUMMARY: The 2013 Street Improvements Projects are currently out forbid. The improvements are divided into two bid packages: 1. The first is the Asphalt Overlay Project which includes milling, crack repair, and asphalt overlay of Draw Spur and Beaver Creek Point in the Wildridge Subdivision. Included in the Asphalt Overlay Project is construction of a Trailhead Parking area at Beaver Creek Point and Stonebridge Drive bridge deck repair ($50,000) and asphalt overlay ($139,930). The last project in this bid package is the relocation of Beaver Creek Point Trailhead Parking Area. It includes (5) pull in paved parking spaces attached to the existing edge of road opposite designated open space and is estimated to cost approximately $10,000. A sketch plan for an alternative detached parking area in the same general area is attached as Exhibit A and roughly estimated to cost approximately $30,000 due to more grading, increased asphalt and road base quantities, and required drainage improvements. A parking lot located at the access point on Saddle Ridge Loop does not appear to be a desirable alternative due to 10’ to 12’ cuts and the excessive grading required and is directly opposite a residence. 2. The second is the Slurry Seal Project which consists of crack repair, application of an asphalt sealer containing fine aggregate, and striping. Roads included in the Slurry Seal Project are: Saddle Ridge Loop, Old Trail Road, Beartrap Road, Shepherd Ridge, and Ked Spur in Wildridge and Nottingham Road (west from Swift Gulch). A test area at the first switchback on Metcalf Road has been included as a means to evaluate performance on a steep aggressively plowed location. Estimated cost $307,900. Construction Schedule: The proposed work is anticipated to begin in early August and be completed by the end of September. Both phases of the 2013 Street Improvements Project will restrict access or require temporary closures during construction. Outreach to citizens, homeowners, businesses and emergency services will be coordinated by staff and the Contractor to minimize impacts. 2013 Street Improvements Project July 10, 2013 Page 2 of 2 BIKE LANE EVALUATION ON METCALF ROAD: Staff has evaluated restriping of Metcalf Road and determined that the existing asphalt width of 24’ (11’ drive lanes and 1’ paved shoulders) between Nottingham Road and the first switchback beyond the Wildwood Road intersection is not wide enough to accommodate a 4’ wide dedicated uphill bike lane. The current lane width of 11’ meets AASHTO road design guidelines with the posted speed limit of 35 mph. The asphalt does widen to approximately 26’ midway between the switchbacks and 29’ at the upper switchback but a discontinuous section of dedicated bike path is not recommended. BID OPENING & CONTRACT AWARD: The Bid Opening for both Projects is July 18th. Due to scheduling of the next Town Council meeting on Aug 13th and the desire to begin construction as soon as possible after Bid Opening on July 18th, staff is requesting that Council preauthorize issuance of Notice of Award for both contracts provided the lowest, qualified bid for each project does not exceed the approved Town of Avon 2013 Capital Projects Fund budgeted amounts as shown in Table 1. Table 1: 2013 Street Improvements Project Budget Estimate 2013 Capital Projects Fund Line Item Amount Asphalt Overlay Construction Costs $ 199,930 Slurry Seal Construction Costs $ 307,900 Civil and Geotechnical Engineering $ 10,000 Subtotal $ 517,830 Contingency 3% $ 13,700 Total Estimated Project Costs $ 531,530 Available Funds Budget $ 531,533 RECOMMENDATION: Staff recommends that Council authorize the Town Manager to award Asphalt Overlay and Slurry Seal contracts to the lowest, qualified bidder for each project provided that the bid does not exceed the budgets as approved in the Town of Avon 2013 Capital Projects Fund; and that the Town Manager is further authorized to amend the project scope, if needed, after evaluating bids per the available funds. Attachments: Exhibit A – Sketch Plan of Alternative Beaver Creek Point Trailhead Parking Area. Exhibit A Sketch Plan Beaver Creek Point Trailhead Parking Area TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Justin Hildreth, P.E., Town Engineer Date: July 10, 2013 Re: Notice of Award, Recreation Center Flat Roofs Replacement Project Summary: The Recreation Center flat EPDM roofs leak after major rain and snowmelt events and are 18-years old, three years older than the 15-year expected life span. There is $80,000 budgeted in the 2013 Capital Projects Fund (CPF) for the replacement of the roofs. Three bids were solicited for project include removal of the existing roof material and rock ballast, installation ½” of cover board and fully adhered 60mil EPDM membrane with all necessary penetration and flashing. The roof will be converted from a ballast type roof system to a fully adhered roof system. The project is scheduled to be completed by the end of September before temperatures drop, which would make working with the material and adhesive problematic. Discussion: The Town solicited three bids for the work. Table 1 tabulates the received bids: Table 1: Bid Tabulation Bidder Amount Horizon Roofing $ 116,680 G&G Roofing, Inc. $ 186,764 TCC Roofing $ 150,275 Staff is recommending that the low bidder, Horizon Roofing of Eagle, Colorado, be selected in the amount of $116,680. The contract for this project will be the Town of Avon standard contract, approved by the Town Attorney. FINANCIAL IMPLICATIONS The 2013 budget for the Recreation Center Flat Roof replacement project is $80,000, and the budget is requested to be increased by $52,680 to accommodate lowest bid and a 10% contingency. This project is funded by the Capital Projects Fund, of which there are adequate funds available in the fund balance of $3,257,391 to pay for this project. RECOMMENDATION: Award construction contract for the Recreation Center Flat Roofs Replacement Project to Horizon Roofing in the amount of $116,680 and allow the Town Manager or designee to approve amendments to the contract if changes are within the budget. TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: July 11, 2013 Re: WinterWonderGrass – 3 Day Music Festival – February 21-23, 2013 BACKGROUND This spring, the Town issued a Request for Qualifications, to music producers and promoters. The RFQ stated: “The Town of Avon is interested in seeding and supporting an annual major music festival, and is now soliciting requests for qualifications from proven outdoor-venue music producers to produce a two (2) to three (3) day music festival in Nottingham Park, an open lawn on Nottingham Lake, which has hosted ticketed events as large as 10,000 in attendance.” The concept of seeding an event is to provide up to three years of support, including in-kind services and direct assistance to attract and grow an event. The “investment” is expected to yield revenue in future years as the event company gains profitability and can cover all costs of an event. The Town Council at its meeting of April 12, 2013, reviewed a Special Events Work Plan, including the 2104 recommendation for the “seeding” of special events, including music festivals. There was support from the Council for music events at Nottingham Park up to three times a year. Three responses have been received to the RFQ. Two proposals will begin interviews in the next month. The third proposal received is from Scotty Stoughton, Founder/President and CEO, of Wondergrass LLC, and is attached. Mr. Stoughton’s (Scotty’s) proposal is to produce the 2nd Annual WinterWonderGrass - a three-day music event - in Nottingham Park on February 21-23, 2014, the first weekend following President’s Weekend. His vision, selected music genre, crowd size, commitment to community and education and funding support are outlined in the proposal. He will be presenting at Wednesday’s meeting via Skype. Danita Dempsey, Special Events, Councilor Jake Wolf and I have been discussing the relocation of WinterWonderGrass from Edwards over the past few months. Scotty moved to a final decision on location in the last two weeks and presented his proposal to the Town on July 2nd. Action on the event and request for financial and in-kind commitment is before Town Council at this time in response to Scotty’s limited schedule for booking musicians of the caliber he plans to bring to the event. He has expressed that August 13th is too late to meet his musicians’ schedules for a February calendar. STAFF REVIEW The opportunity to work with a proven producer/owner, who knows the Vail Valley and is integrated into the roots/bluegrass/acoustic music scene, is unique. In addition, to support for the music genre offered in the proposal, Scotty’s vision is commendable and reflective of Avon’s support of an older and more diverse demographic, educational and environmentally- oriented programming and higher quality production. The combination of acoustic music, smaller numbers of attendees, good food, environmental awareness and a thoughtful approach to seeding and growing an event is worthy of strong support. A discussion of February 21-  Page 2 23 as a good the time of year for outdoor music, led to a conclusion that it is a lower occupancy weekend, and the weather warming. Scotty will explain his Park layout at the meeting and how his craft beer tents interface with the primary stage set changes to keep attendees warm. In terms of Town responsibilities, the proposal asks for in-kind commitment for police, bus transportation, operations and snow removal up to $25,000. Due to the nature of the event and small numbers of attendees, these in-kind services are expected to require small incremental expenditures. We look to have an estimate for Council by Wednesday’s meeting. In a review of the event, a special review of security and law enforcement was undertaken with Scotty, Chief Ticer, Danita, Jake Wolf and myself. Department Heads were also consulted. The first important conclusion is that an event of this size, with music which will attract an older, family-oriented and “hotel”-based attendee, will have a low impact on law enforcement. With that said, and with a goal of no infractions, some police response beyond traffic control must be provided. After good debate, the approach will be one which parallels other outdoor music venues around the State of Colorado with security, hired by the producer, having primary responsibility inside the festival venue. Town of Avon Police will be responsible outside of the perimeter and, when called, respond to any incident inside the venue. We will continually assess police and security stations along the perimeter, and inside and outside the venue. We will work with all parties to closely to monitor and adjust security and police locations during the event, on an as identified basis. An action plan will be prepared as part of the agreement. Special Event Ticket Fee – To cover Town direct expenses and to build a reserve for the funding of equipment for special events, the recommendation is that the Town pass legislation to impose a $2.00 per day/per ticket fee for all ticketed special events. The legislation would explicitly identify the uses of the money. Each ticket would print the “Town of Avon Special Event Fee: $2.00” or similar language, as approved by Attorney Heil. The rationale is that the Town’s Strategic Plan and Council’s direction to date is to work to attract events. Initially and over time, a ticket fee to support facilities and equipment is an appropriate assessment on the users. Staff will review other municipalities with event ticket fees in a timely manner. Return on Investment - In addition to a request for in-kind support, WinterWonderGrass is asking for $60,000 in direct financial support for musician fees. The overview of the RFQ, as stated above, is to seed events with an interest in creating signature events for the Town. I believe this producer and his vision could become such an event. While he has brand and reputation recognition, Scotty will speak to Council about the business risks of moving the event to Avon. To conduct a return on investment analysis, at this time, a ROI Assumptions Demonstration is provided in the following tables. The results exemplify the “difficulty” in recouping $60,000 from an event with a small population of attendees, even under ambitious assumptions (Table 1). The demonstration does indicate that as the event grows over time, an investment of $60,000 this year, will yield revenue in future years when no additional direct support money is anticipated from the Town.  Page 3 TABLE 1 - ROI ASSUMPTIONS DEMONSTRATION - 3,000 PER DAY - 3 DAYS COMMODITY ASSUMPTION CALCULATIONS TOTAL TICKETS PER DAY 3,000 TOTAL PERCENT PURCHASING 2 & 3 DAY PASSES 90% 2,700 TOTAL % STAYING IN LODGING 40% 1,080 AVERAGE PERSONS PER UNIT 2 540 AVERAGE HOTEL RATE* - 2 nights/per person $229 $247,320 4% ACCOMMODATIONS TAX $9,892.80 TOTAL MEALS PER DAY AVAILABLE 9,000 TOTAL PERCENT EATING MEALS IN RESTAURANTS 80% 7,200 AVERAGE DAILY MEAL COST $71 divided by 3** $24 $170,400 4% SALES TAX $6,816.00 TOTAL PERSONS DAYS FOR THE WEEKEND 9,000 TOTAL % BUYING FOOD, RETAIL 85% 7,650 AVERAGE DAILY PURCHASE AMOUNT $60 $459,000 4% SALES TAX $18,360.00 TOTAL TAXES $35,068.80 TABLE 2 - ROI ASSUMPTIONS DEMONSTRATION - 6,000 PER DAY - 3 DAYS COMMODITY ASSUMPTION CALCULATIONS TOTAL TICKETS PER DAY 6,000 TOTAL PERCENT PURCHASING 2 & 3 DAY PASSES 90% 5,400 TOTAL % STAYING IN LODGING 65% 3,510 AVERAGE PERSONS PER UNIT 2 1,755 AVERAGE HOTEL RATE* - 2 nights/per person $229 $803,790 4% ACCOMMODATIONS TAX $32,151.60 TOTAL MEALS PER DAY AVAILABLE 9,000 TOTAL PERCENT EATING MEALS IN RESTAURANTS 80% 7,200 AVERAGE DAILY MEAL COST $71 divided by 3** $24 $170,400 4% SALES TAX $6,816.00 TOTAL PERSONS DAYS FOR THE WEEKEND 9,000 TOTAL % BUYING FOOD, RETAIL 85% 7,650 AVERAGE DAILY PURCHASE AMOUNT $60 $459,000 4% SALES TAX $18,360.00 TOTAL TAXES $57,327.60 * mTrips: Avon **Source: cevent Destination Guide: Vail, CO STAFF RECOMMENDATION: Special events are integral and a key component in a resort community economy. A mix and variety brings interest, culture, liveliness and a sense of community to residents. Special events are many times are the basis for visitor visits. Funding special events the Town believes  Page 4 will grow into signature events are of special interest – with Salute to the USA being an example of an event being synonymous with Avon. In our view, WinterWonderGrass LLC meets the Town’s desire to seed and support a signature event – a major music festival. The in-kind services requested are logical and can be off-set by a Special Event Ticket Fee. The request of $60,000, when reviewing ROI for the first year event is out of proportion, but with the long view, and a strong understanding that funding will diminish in years 2 and 3 with the expectation that WinterWonderGrass should not expect funding assistance after that, a significant allocation seems to be important to bringing this event to Avon. A commitment of $50,000 for musician fees seems reasonable, and, with Council review, an additional $10,000 for unforeseen production costs, if needed, is a recommended approach. MOTION: If Council wishes to proceed, a motion should be made and include one of the more of the following: • Approval of event dates • Approval of in-kind up to $25,000 • Approval of $500,000 in musician support to be paid from the CIP – Economic Development line item ($750,000 budgeted) • Approval of ticket sales not to exceed 3,000 per day • Approval of the Town Manager to sign an agreement for production, including but not limited to all planning and producer performance dates, insurance, indemnification, deposits, marketing plan, security and law enforcement plan, demographic data collection and other metrics as may be determined, and reporting requirements • Direct staff to research and prepare legislation for a Special Event Ticket Fee in the amount of $2.00 per ticket/per day. 2ND ANNUAL winterwondergrass ROOTS MUSIC (Bluegrass & Acoustic Driven) COLORADO CRAFT BREWS LOCAL FOODS ROCKY MOUNTAINS COMMUNITY Feb 21-23, 2014 AVON, Colorado HEART OF THE VAIL VALLEY THE VISION Mixing the finest ingredients of the Colorado lifestyle and delivering a batch to our global winter audience and local music enthusiasts. Lively national, regional and local bluegrass, craft beers and warm local food will surround locals and the Valley’s experience seeking guests in a Winter Wonderland. Beaver Creek and the Rocky Mountains will be the glowing backdrop for families and friends to dance and mingle. This community gathering will focus on sustainability, local business and support of the arts while planting the seed for long term growth into the premier winter bluegrass, roots music & beer festival in the United States. A strong non profit program will combine 3 essential elements: musical education, conservation and disaster response. A main stage, beer tent picking perch and late night shows around town all set the stage for a Colorado feast! . Based on the success of the inaugural WinterWonderGrass in Edwards, CO last winter, including a sell out crowd and overwhelmingly positive reviews from fans, emergency services and the community, we are poised for long term growth and success. Or goals include the following. - Plan for long term success - Align with partners that adhere to our core philosophies - Bring relevant roots music (Bluegrass / Strings / Americana / Acoustic) - Produce a green / sustainable event - Support of local craft brewers - Inclusion of local food and other vendors - Provide a safe and inviting festival site - Treating each and every attendee with absolute respect - Integrating the town with the event - Promote sense of town - the lake mountains, river etc - Work with Beaver Creek to promote the event THE FUTURE WINTERWONDERGRASS FESTIVAL EVENT DETAILS Capacity: 3000 per day 2014 Grow: 5000 per day by 2016 What: 20 + bands and artists on 2 stages – side picking stage in the beer hall & brewer talks, non profit roundtable When: February 21-23 - 2014 Where: Nottingham Park, Avon, Colorado Times: Friday and Saturday 2-10pm / Sunday 2-8pm Other: VIP area THE AUDIENCE •21-65 •Affluent, adventurous, tech savvy and active with social media, forward thinking, conscious fun loving folks drawn to the outdoor lifestyle and clean Colorado living FOOD, BEER & SPIRITS •An eye on LOCAL / ORGANIC / SUSTAINABLE products & services •Local Breweries crafting one of a kind “WinterWonderGrass” beer for sale before, during and after the festival •Up to 20 local Colorado breweries will be pouring tastings of their signature craft brews from 3-6pm in the heated beer tent, full bar following the tasting hosted by title beer sponsor •Commemorative eco-beer mug with logo and branding •Full bar and whiskey/bourbon station available in the beer tent •Food (Celebrating diversity with organic, vegetarian, local and BBQ choices) WinterWonderGrass WonderGrass AFTERNOON & Late Night • Stage 2 Tent Crowd View •Integrate local bars, restaurants & merchants •Local venues feature festival artists, additional bands and special guests for collaborative performances •Bluegrass music around town •Non Profit Roundtable •Workshops / kids tent / meet and greets •Brewers lunch (s) •Educational music workshops Sponsor a proven brand with broad national and local appeal with long term growth and success potential. Bring in a committed festival organizer with strong ties to the community and national music scene, with a focus on sustainability and attendee experience. The ability to align Avon with a nationally marketed event capturing the growing audiences of the craft brew and roots / acoustic music scene. THE OPPORTUNITY WinterWondergrass PARTNERSHIP Official Designation – Presenting Partner Exclusivity General Overview of Benefits: As a partner of the WinterWonderGrass Festival, Avon would be incorporated into the festival name, throughout the overall experience as well as general event signage and activation points. The Town of Avon will seed a major music event with expectations of a long term success for the community. Marketing Inclusion •WinterWonderGrass / Avon Colorado would be on all digital, print and grassroots media •Logo inclusion on the website home page as the host community •Inclusion on appropriate general event signage used to promote the festivals •2 (2 by 10) general event banners to be hung by WWG staff •Ability to create unique onsite activations •Daily PA announcements from the stage •Ability to use the official WWG marks in promotions, marketing material etc. •Logo on limited edition commemorative eco-friendly beer mug •WWG brings value to the town of Avon and the Avon brand •Positive economic impact – Direct financial gains realized through tickets fees / lodging and sales taxes. Long term benefits include TOA brand promotion, greater sense of community, filling hotels during a slower winter weekend and the opportunity to reach thousands of new Avon visitors. COMMITMENT •$50,000 •Up to $25,000 in kind •(Police / Transportation/Operations/ Snow Removal, etc.) •Full Marketing and branding cooperation and integration with TOA •Leveraging existing town sponsorships and relationship, including but not limited to hotels, ski area etc. •Use of power from existing buildings surrounding the lake – 3 phase power drops •Placement of WWG flags and banners where appropriate around town beginning Dec 2013 •Approval and memo of understanding by July 17th, 2013 •$10,000 additional year one commitment due August 1, 2013 •WWG agrees to TOA ticket fee (neg.) •50% payment due upon signing of contract •50% due November 1st, 2013 Scotty Stoughton (Founder / President & CEO, WWG and BE) • 18 year Valley resident, event organizer, musician, activist, athlete, producer and promoter. Jennifer Brazil (Partner / Director of Marketing and Artist Relations) • 15 years as music industry manager, event organizer, non profit director and promoter. Gained experience with Red Light Management and the Dave Matthews Team. Mike Welle (Bar Management) Mike has coordinated and assisted on all the below festivals and has a record of ZERO bar infractions in CA and CO. HISTORY WinterWonderGrass 2013 – SOLD OUT 1ST YEAR • SnowBall Music Festival 2011 / 2012 / 2013 – SOLD OUT 2013 • SnowGlobe Music Festival 2011 / 2012 – SOLD OUT 2012 • Campout for the Cause– SOLD OUT 2013 •Annual multiday festival supporting local and international non profits. Event celebrates diversity in music, yoga, stand up paddling, sustainability and community Bonfire entertainment PRESENTS WinterWondergrass www.WINTERWONDERGRASS.com p. 970-376-1172 We can taste the success Winterwondergrass is poised to bring new life and recognition To Avon as an event friendly community with a strong Sense of Colorado culture and diversity, now and into the future! SECTION 4 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: July 11, 2013 Re: Recreation Center Phase II Expansion & Recreational Amenities – Ballot Issue At the June 25th Council meeting, direction was given to staff to prepare information and documents for a potential ballot question on November 5th asking voters to consider a mill levy extension to support the expansion of the Recreation Center and other recreational amenities. A final decision by Council must be made by September 6, 2013. The planning, decision path and informational process are as follows: COUNCIL MEETING DATES July 17th - Update on ballot question options and selection of approach - Review and approval of Telephone Survey questions - Action to Notice Eagle County Clerk of Town Participation in November 5, 2013 Coordinated Mail Ballot Election [May be rescinded if no ballot question is completed] - Determine meeting date for certifying ballot question (September 6 is the last day to certify the ballot question) August 13th - IGA with Eagle County for a Coordinated Mail Ballot Election (must be signed by August 27th) - Update on estimated costs for all recreational amenities considered - Update on development concepts for Town-owned properties TBD – Date of Meeting(s) - Review of Telephone Survey Results (To be received August 23rd) - Review of estimated recreational costs and projects - Certification of ballot question - Begin review of URA Bond Refunding and Additional Proceeds in September, including cost estimates for pedestrian mall improvement Projects considered for bond proceeds revenues include: BOND RECEIPTS AND USES General Obligation Bonds AVAILABLE FUNDS $8.4 - 10.8 Recreation Center Expansion/Refurbishment/Multi-use "Theatre" costs 8,925,000 Playground Equipment (Environmental Education Improvements to Stream etc. 770,000 Restrooms Remodel 275,000 Upper Athletic Field Remodel/Evaluate turf 350,000 Pump House Remodel 50,000 Ice Rink 230,000 TOTAL 10,600,000 SECTION 4 Section 4.3: Recreation Center Phase 2 Expansion –Estimated Cost of Construction 1996 PROGRAM & CONSTRUCTION ESTIMATE  Architectural Resource Consultants from Boulder prepared a Construction Cost Estimate for the Avon Recreation Center Phase II in July, 1996  The program, totaling 40,767 square feet, included:  Gymnasium  Climbing wall  Racquetball/squash courts  Four meeting rooms  Costs were calculated as follows: PHASE 2 – 1996 CONSTRUCTION COST ESTIMATE SQ. FT. PER SF TOTAL GYMNASIUM 17,874 $122.59 $2,191,162.00 CLIMBING WALL 2,900 $133.57 $387,319.00 RAQUETBALL/SQUASH 5,574 $91.54 $510,219.00 MEETING ROOMS (3) 4,763 $102.32 $487,199.00 MEETING ROOM 905 $195.90 $177,272.00 BASE BUILDING 8,751 $187.28 $1,638,883.00 TOTAL PHASE 2 BUILDING 40,767 $5,392,054.00 AVERAGE $138.87 PARKING SCHEME 1 - SURFACE LAKE STREET NA NA $509,318.00 PARKING SCHEME 2 - GARAGE LAKE STREET 22,561 $135.51 $3,057,221 PARKING SCHEME 3 - UNDER PHASE 2 29,575 $74.19 $2,194,070 2013 Cost Estimate for the same program: Utilizing data from Engineering News-Record, a well-respected construction journal, shows a construction cost increase of 70% since 1996, raising costs for the Phase 2 Building to $9,166,492. RSMeans Online is a web-based service that provides up-to-date cost information yields an estimated cost for the Phase 2 building at $8,000,000, with site costs rounded to $1,000,000. The Gypsum Recreation Center’s cost of construction for its building, including gymnasium, was $12,000,000, in 2006. The building is 57,000 square feet, and also includes an indoor gymnastics center, 26 foot climbing pinnacle, climbing grotto, gymnasium, indoor track and indoor pool. Section 4.1.1: Summary & Analysis of Bonding Revenues The Town’s only General Obligation (GO) bond will be paid off in 2016. Currently, for 2013, the mill rate is 3.027 mills and generates $546,132 in property taxes based on a net assessed value of $180,420,250. The concept for funding Phase 2 of the Avon Recreation Center relies on the concept of presenting a ballot question to the voters that would allow the Town to continue to levy this tax. The bonding capacity of the bond issue would total $10.850 million and would provide a total of $10.671 million in project funds available, based on current interest rates and a thirty-year maturity. Bond authorization could be granted by the voters as early as November, 2013. In order to avoid having to provide for capitalized interest, the bonds would be dated December 1, 2016. Earlier issuance is possible, but capitalized interest will reduce the funds available for construction by approximately $260,000 per year. SOURCES AND USES OF FUNDS Town of Avon, Colorado General Obligation Bonds, Series 2016 (30 Yrs) Preliminary AA- MMD as of May 7, 2013 Dated Date 12/01/2016 Delivery Date 12/01/2016 Sources: Bond Proceeds: Par Amount $ 10,850,000 Net Original Issue Discount -784 10,849,216 Uses: Project Fund Deposits: Project Fund $ 10,670,716 Delivery Date Expenses: Cost of Issuance 70,000 Underwriter's Discount 108,500 178,500 $ 10,849,216  Page 4 Section 4.1.2: Schedule for November 2103 Ballot $10,850,000* Town of Avon, Colorado General Obligation Bonds, Series 2013 Draft Election Timetable, as of June 2013 AUGUST 2013 SEPTEMBER 2013 S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 OCTOBER 2013 NOVEMBER 2013 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 31 Date Event Responsibility Prior to 8/27/13 Council adopts resolution calling the election and setting forth the questions A/BC 8/27/13 IGA with County approved A/BC 9/6/13 Clerk certifies ballot content to County Clerk A 9/20/13 Last day for pro and con comments to be filed for TABOR notice All 9/24/13 Town Clerk provides TABOR notice to County Clerk A/BC 10/4/13 TABOR notice is mailed A 10/16/13 Notice with financial information is posted on Town’s Web site A 11/5/13 Election day A A - Town of Avon, Staff and Consultants BC - Bond Counsel and Disclosure Counsel (Sherman & Howard) UW - Underwriter (Piper Jaffray & Co) TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: July 11, 2013 Re: Telephone Survey for Review and Approval Based on Council’s direction at the June 25th meeting, I negotiated a service agreement with Linda Venturoni, Venturoni Surveys & Research, Inc., for a telephone survey to be conducted from July 18 – August 9th. Linda conducted the 2008 Town of Avon Community Survey and has an impressive background in survey instruments. Total cost is will not exceed $10,000. Council is asked to review the survey and provide any changes. Key facets of the survey purpose and approach are as follows: • The Town’s only General Obligation (GO) bond will be paid off in 2016. Currently, for 2013, the mill rate is 3.027 mills and generates $546,132 in property taxes based on a net assessed value of $180,420,250. The concept for funding Phase 2 of the Avon Recreation Center, and other recreation improvements, relies on the concept of presenting a ballot question to the voters that would allow the Town to continue to levy this tax. The bonding capacity of the bond issue would total $10.850 million and would provide a total of $10.671 million in project funds available, based on current interest rates and a thirty-year maturity. • Calls will only be made to registered voters. A current list has been provided to Linda, which includes both cell phone and land line numbers. • 380 responses are needed; to reach 95% confidence • Linda recommended the survey, which will be 7 – 8 minutes per call, stay focused on recreational improvements, so that the voters called have sufficient time to respond to important queries about the improvements they would support and what is their interest in supporting the extension of the mill levy. Demographic questions are provided to pinpoint support and opposition. • Responses and analysis will be provided to Council not later than August 23rd for consideration at an August 27th meeting. This is timed with State of Colorado deadlines for taking action on a ballot question. A summary of the recreational improvements being considered, if proceeds from a bond issue are available, were presented at the June 25th meeting and serve as the basis for the Telephone Survey questions. ACTION: A motion and vote would be appropriate for approving the Telephone Survey, with or without modifications. Page 1 of 3 7/8/2013 7:06 PM DRAFT – NOT FOR DISTRIBUTION - DRAFT TOWN OF AVON REGISTERED VOTERS TELEPHONE SURVEY May I speak to (listed voter) _____________________? (If voter is not home, set up callback. If no longer living there, then tally and terminate) ”Hello, my name is________ and I'm not selling anything. We are conducting a brief, confidential survey on behalf of the Town of Avon.” The survey is about recreational improvements. 1. The Town of Avon is considering asking voters this November to extend a current property tax of 3.12 mills for an additional 20 years for recreational improvements in the Town. Property owners have been paying the 3.12 mills for the past 17 years. The monies were originally used for Avon road improvements. If an extension is approved, Town of Avon property tax rates would not go up and the Town would raise approximately $10 million dollars. Please listen to the following choices and tell us if these recreation improvements would be of interest to you? (Yes , No , Don’t Know) 1) Expansion of the Recreation Center in the Town of Avon to include a gymnasium 2) Expansion of the Recreation Center to expand the weight and cardio machine area 3) Expansion of the Recreation Center to add squash or racquetball courts 4) Expansion of the Recreation Center to add a climbing wall 5) Use of the monies to refurbish the existing Recreation Center and pool 6) Use of the monies to construct a recreational ice rink on the south side (front) of the Rec Center [Explain there will no longer be ice skating on Nottingham Lake due to warmer temperatures which limit the ice freezing deep enough for safety. Explain the size would be somewhat larger than the rink at Solaris. Explain that in the summer it would be converted to an artificial turf surface for activities.] 7) Use of the monies, to include in a new gymnasium, a space which could be used for special events, such as a film festival or writer’s conference, and meetings 8) Construction of a new and expanded children’s playground and outdoor learning center in Nottingham Park 9) Remodeling of the Nottingham Park restrooms 10) Upgrade the soccer field near the Nottingham Park Restrooms 11) Build a stage in Nottingham Park If the ballot initiative contained the items you indicated are of interest to you, would you: • Definitely support it • Lean toward supporting it • Lean toward voting no • Definitely vote against it • Don’t know or do not want to answer 2. What is the most important recreation improvement to you? (From the list) Page 2 of 3 7/8/2013 7:06 PM MOST IMPORTANT ______________________________ 3. What is the least important to you? LEAST IMPORTANT ------------------------------------------------------------------------------------------------- 4. If you are not in favor of expanding any of the recreation improvements asked about, would you share with us why? _________________________________________________________________________________ 5. Now I have a question not related to the mill levy. Let me ask you about special events which might ask for Town funding support from general revenues. Would you support: 1) Music festivals, such as bluegrass, country western and classical in Nottingham Park with 3,000 to 6,00 tickets sold each day [If asked: July 3rd is estimated at 20,000 persons and the Snowball Music event was $10,000 per day. 2) Food and Wine/Beer events on Lake Street 3) Family events in Nottingham Park 4) Theater in Nottingham Park 5) Summer arts and farmers market on Lake Street 6) Evening arts and farmers market on Lake Street 7) Car or motorcycle shows on Lake Street 8) Film Festivals 6. Do you have any thoughts you would like to share on Avon’s future and Town government? Now, I have just a few demographic questions to place your answers in the correct group. (Auto-punch as much information from list as possible) 7. How long have you lived in the Town of Avon a. Less than one year b. 1-4 years c. 5-10 years d. Over 10 years e. Don’t Know/Refused (DO NOT READ) 8. And which of the following ranges includes your current age? [S] (Read List) 1. Under 20 2. 20 to 24 Page 3 of 3 7/8/2013 7:06 PM 3. 25-34 4. 35-44 5. 45- 54 6. 55-64 7. 65-74 8. Over 74 9. Refused (DNR) 9. Respondent Gender - RECORD GENDER BY OBSERVATION ONLY 1. Male 2. Female 10. How likely are you to vote in November? 1. Very Likely 2. Somewhat Likely 3. Not Likely 4. Don’t Know 5. Refused Thank you very much for your time and participation. Have a great evening/day! 1 TOWN COUNCIL REPORT To: Mayor and Council Members From: Patty McKenny, Assistant Town Manager/Town Clerk Date: July 9, 2013 Re: Action on November 5, 2013 Coordinated Mail Ballot Election Participation The agenda includes a discussion about a Phase II Recreation Center Expansion and Recreational Improvements. There will be three parts to this discussion as show below: 1. Review of Ballot Schedule and Draft Question for Phase II Expansion and other Recreation Improvements (Scott Wright, Finance Director) 2. Action on Telephone Survey Question (Virginia Egger, Town Manager) 3. Action to Notice Eagle County Clerk of Town Participation in November 5, 2013 Coordinated Mail Ballot Election – ballot question [May be rescinded if no ballot question is completed] (Patty McKenny, Assistant Town Manager) This memo addresses the second topic about “Action to Notice Eagle County Clerk’s Office” about participating in the November 5, 2013 Coordinated Mail Ballot Election. The Town of Avon has participated in this type of coordinated election in the past for both ballot issues and candidate elections. Please note this will be conducted as a mail ballot election only, there will not be any polling locations setup for voting. C.R.S. 1-7-116(5) of State Statute states that “if by 100 days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the County Clerk & Recorder; the political subdivision shall notify the county clerk and recorder in writing (see Attachment A for Election Schedule). This exhibit provides several deadlines that occur during the fall election season. If the Town Council decides to move forward with a ballot question about this funding matter, action must be taken to participate in the election. Please note that Attachment B is the form used to communicate with the Eagle County Clerk’s office about whether or not the Town of Avon will participate. If the town should proceed with the election, there will also be an IGA that describes the administration of the coordinated election before the Council at the August 13th meeting, and then finally consideration and approval of a ballot question scheduled for the August 27, 2013 meeting. There are financial implications in administrating the election that have not been budgeted in the 2013 budget, typically these costs run from $3000 to $5000. Eagle County Clerk and Recorder Teak J. Simonton 2013 Election Cycle ATTACHMENT A CALENDAR OF EVENTS AND DEADLINES for NOVEMBER 5, 2013 COORDINATED MAIL BALLOT ELECTION While this calendar may not include all significant dates, some key dates are identified for your reference. Special districts and political subdivisions planning to coordinate with the clerk’s office should be aware of the following deadlines: • July 29, 2013 If by 100 days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder in writing. C.R.S. 1-7- 116(5). • August 5, 2013 IGA’s will be mailed to participating entities • August 27, 2013 70 Days prior - Political subdivisions participating in the election must return signed Intergovernmental Agreements to the county clerk and recorder. C.R.S. 1-7- 116(2) The IGA’s will be mailed soon after we become aware of your intent to participate in the election. • September 6, 2013 60 Days prior - Last day for the designated election official from each political subdivision to certify the ballot text to the county clerk and recorder. C.R.S. 1-5- 203(3)(a) • September 20, 2013 42 Days prior – Political subdivisions shall deliver the full text of any required ballot issue notices (pro/con statements) to the county clerk and recorder in order to be included in the issue mailing. C.R.S. 1-7-904 • October 15 - October 18 First mailing of ballots; continued mailing of ballots through October 29 • November 5, 2013 Election Day – First Tuesday of November in odd-numbered years • January 28, 2014 Last day for Eagle County Clerk and Recorder to mail invoices to districts for their share of election costs • February 28, 2014 Last day for districts to submit payment for election costs to Clerk’s office Please keep this list of dates for your reference. ATTACHMENT B Please print or type corrections and responses below and email to pat.magdziuk@eaglecounty.us or fax your response to 970-328-8716. Is this information correct? Patty McKenny Town of Avon P.O. Box 975 Avon, CO 81620-0975 Make any corrections in the space below Contact name and phone # ________________________________________________________________ Mailing Address: __________________________________________________________________ E-mail address ___________________________________________________________________ Designated Election Official: ____________________________________________________________ Telephone: ________________ Fax: __________________ E-Mail: _____________________________ ************************************************************************************** DO YOU INTEND TO PARTICIPATE IN THE NOVEMBER 5, 2013 COORDINATED MAIL BALLOT ELECTION WITH THE EAGLE COUNTY CLERK AND RECORDER? yes _____ no _____ maybe _____ If coordinating with clerk’s office:  Will you have candidate races? yes _____ no _____  Will you have a ballot issue or question on the ballot? yes _____ no _____ o How many? __________  Will your ballot issues or questions require TABOR notification? yes _____ no _____ (all debt or tax increase questions) If you’re not participating with this office:  Will you be conducting your own mail ballot election? yes _____ no _____  Will your mail ballot election require TABOR notification? yes _____ no ____ Draft Economic Development Plan July 17, 2013 Town Council Meeting Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: July 11, 2013 Agenda Topic: Economic Development Update & Direction: Branding RFQ & Director of Economic Initiatives Summary The purpose of this Work Session is to update Council with the progress on economic development work that has taken place since the 2013-14 Strategic Plan was adopted on February 16, 2013. The economic initiatives that stem from the 2013-14 Strategic Plan resulted in the creation of an internal Economic Development Committee comprised of Councilors Goulding and Evans and staff from Community Development, Finance, Administration, and Recreation Departments. The attached June 13, 2013, Economic Development Committee Report summarizes the work the Committee has accomplished to date, including a SWOT Analysis (See Section 1.1). At the Committee’s June 13th meeting, it was recommended a report be given to Town Council, with specific direction requested on: 1) the RFQ developed for conducting a Town of Avon Brand Development and Marketing Implementation Strategy ( See Section 2); and 2) job description for a Director of Economic Initiatives (See Section 3). Councilors Goulding and Evans, and members of the Committee met with business representatives on June 26th, at which time the business people provided strong support for moving forward with the Branding RFP and posting of the Director of Economic Initiatives position. The attendees, included on the list of businesses community members in the Report (See Section 1.2) were invited as a representative cross-section of the community at this early stage in the program. As the program moves forward, more chances for involvement will be advertised and all input is welcome. Recommendation Discuss and provide direction on the Brand Development and Brand Marketing Implementation Strategy Request for Proposals (RFP), and the Director of Economic Initiatives Job Posting. Ensuring sustained economic vitality and a vibrant community experience 2013 AVON ECONOMIC DEVELOPMENT COMMITTEE – JUNE 13, 2013 ECONOMIC DEVELOPMENT SUMMARY OF 2013 TOWN OF AVON ECONOMIC DEVELOPMENT WORK FEBRUARY 16, 2013 2013-14 STRATEGIC PLAN ADOPTED BY TOWN COUNCIL • DEVELOP LAND DEVELOPMENT TOOLBOX, INCLUDING POTENTIAL OF EXPANDING URA, CHANGES TO PUBLIC-PRIVATE PARTNERSHIP & REGULATORY PROCESSES • UPDATE COMPREHENSIVE PLAN & OTHER SPECIFIC DOCUMENTS SUCH AS THE EAST AVON PLAN, AS APPROPRIATE • SUPPORT BUSINESS VITALITY • EVALUATE OPPORTUNITY FOR A SISTER CITY/INTERNATIONAL CITY PARTNERSHIP APRIL 4, 2013 IN-HOUSE STAFF MEETING WITH COUNCILORS TODD GOULDING AND CHRIS EVANS: OUTCOMES: DIRECTION TO COMPLETE THE FOLLOWING: • Research Economic Development organizations: o Organizational Structures o Purposes/Functions o Funding • Statistics/Metrics o Identify primary and secondary data sources, which are integral to an Economic Development Initiative • Branding o Determine branding process o Estimate cost of branding MAY 16, 2013 IN-HOUSE STAFF MEETING WITH COUNCILORS TODD GOULDING AND CHRIS EVANS: OUTCOMES: DIRECTION TO COMPLETE THE FOLLOWING: • Draft in-house a SWOT: o Review on June 13th o Develop list of business persons who should be considered in finalizing the SWOT and brand development • Director of Economic Initiatives o Draft Job Description • Town Brand Development & Strategies for Implementation o Draft RFP • Economic Development Demographics and Data o Begin to build a site on the Town website for traditional economic development data, including demographics, local business information, economic trends using Town information such as sales tax, etc. ECONOMIC DEVELOPMENT PROPOSED AGENDA June 13, 2013 1. Review of Section 1: SWOT 1.1 Draft SWOT 1.2 Recommended list of business persons to assist with finalization of SWOT and brand development 1.3 Identify next step(s) to finalize SWOT 2. Review of Section 2: Town of RFP for Brand and Implementation Strategy 3. Review of Section 3: Draft Director of Economic Initiatives Job Description 4. Review of Section 4: Update Town of Avon website: Economic Development Demographics and Data 5. Determine Next Steps/Next Meeting ECONOMIC DEVELOPMENT Town of Avon SWOT – June, 2013 1 Section 1.1 DRAFT – SWOT ANALYSIS – DRAFT STRENGTHS NATURAL ENVIRONMENT  High Rocky Mountains environment  Valley views of river ecosystem to the rugged mountain peaks of Gore Range and New York Mountain  Pristine wilderness adjacent to Town – doorstep of the 2.3 million acre White River National Forest (WRNF), the “top recreation forest in the nation” according to the U.S. Forest Service  Abundance of diverse wildlife  Eagle River and tributaries, including Traer Creek, Buck Creek and Beaver Creek  High alpine desert with low humidity  300+ days of sunshine a year  Clean Air  Abundant natural open space within and surrounding the Town, providing buffers between communities ACCESSIBILITY AND MASS TRANSIT  Accessibility of Interstate 70 to Eagle County Regional Airport and Denver International Airport  Public and private transportation options accessing Interstate 70 connecting with Vail, Denver, and Grand Junction. AMENITIES  46‐acre Nottingham Park, including: Nottingham Lake, sports field, and several passive and active recreational offerings  West Avon Preserve, 400+ acres of publicly accessible open space and expanding trail network that links communities  Gondola connection during winter months  Visitor accommodations, including hotel rooms, condos and timeshares at a variety of rates, including international brands such as Westin and Wyndham. Affordable place to ‘stay and play’  Walking Mountains Natural Science School with programming and educational events  Whitewater Park on the Eagle River featuring kayak and rafting  Community Recreation Center with indoor aquatics center  Vail Leadership Entrepreneurial offices  Variety of shopping experiences from small locally owned businesses to national retailers  Proximity to Vail and Beaver Creek Resorts, with world‐class winter and summer cultural and recreational offerings  Winter: Skiing, snowboarding, cross‐country skiing, snow‐shoeing, fat‐tire biking, ice fishing, ice skating  Summer: Hiking, mountain biking, road biking, rafting, kayaking, camping, fishing, hunting, golfing, and stand up paddle‐boarding  Cultural Offerings: Music, symposiums ECONOMIC DEVELOPMENT Town of Avon SWOT – June, 2013 2  Expansive network of regional county and state maintained roads that offer road biking with rural character  X miles of mountain biking trails on private, public, and federal lands.  WRNF is the “top recreation forest in the nation”, according to the forest service  Rustic pubs and casual family dining to the most elegant settings and extravagant fare  Vilar Performing Arts Center with Broadway musicals, concerts, comedy, and dance COMMUN ITY  Safe, friendly, and diverse neighborhoods  Walkability with small town core  Friendly small town feel  International visitor base and seasonal resort workforce  Blue ribbon award winning elementary school  Rugged population of educated, outdoor enthusiasts – “work hard, play hard”  Colorado Mountain College LOCAL EVENTS  Salute to the USA July 3rd fireworks, including live music and food  Reds, Whites & Brews  Beaver Creek Rodeo series  Carnival REGIONAL EVENTS  Beaver Creek and Vail Events, including international sport competitions and acclaimed cultural events  Triple Bypass bike ride finish line/celebration  INTERNATIONAL EVENTS  2015 World Ski Championships  USA Pro Cycling Challenge  XTERRA Triathlon  Birds of Prey World Cup Race Week ECONOMIC DEVELOPMENT Town of Avon SWOT – June, 2013 3 WEAKNESSES ECONOMY  Inconsistent year‐round business activity (large swings in revenue)  Lack of signature, major Avon special events  Lack of a destination and sense of place  Lack of distinctive Avon “brand”  No entertainment businesses (i.e. movie, theater) to enrich the visitor and local culture INFRASTRUCTURE  Deferred maintenance with broken curbs, and cracked sidewalks and streets. Variety of light fixtures throughout Town Core  Inconsistency of bus stop designs including: signage, configurations, and non‐uniform shelters making for confusing visitor experience BUILT FORM  Poor street layouts in the Town Core, resulting awkward intersections  Lack of critical mass resulting in sprawled shopping experience with suburban qualities. No centralized shopping experience  No curb appeal. Businesses, roadways and public places could benefit from a higher level of quality and design TRANSPORTATION/SPACIAL BARRIERS  I‐70 noise and spatial barrier between neighborhoods  Shortage of way‐finding  Lack of dedicated bicycle lanes and unsafe roundabout conditions for cyclists  Avon Road is perceived as a barrier for pedestrians attempting to walk between the East and West Town Center Districts  The railroad creates a linear barrier separating Avon’s Town Center District from other certain residential and commercial area and the Eagle River  No parking structure providing skiers with walking access to the gondola ECONOMIC DEVELOPMENT Town of Avon SWOT – June, 2013 4 OPPORTUNITIES  Link Avon as a resort community adjacent to Beaver Creek and near Vail  Develop an array of special events in Avon and in partnership with Beaver Creek  Support the local business community by initiating an effective economic development program  Redevelopment of older buildings and the re‐organization of parcel boundaries and the associated street pattern to create more organized and effective urban framework in the Town Center Districts  Development and participation in a parking and transportation plan to directly connect Avon’s Town Core with the Gondola and Beaver Creek Village  Connect Avon’s Town Core and Nottingham Park to the Eagle River by enhancing existing river tracts and leveraging river tracts and acquiring additional access opportunities  Nottingham Park can be the Town’s strong anchor/destination to the pedestrian walkway through the West Town Center  Enhancement of existing civic and recreational amenities near Nottingham Park to strengthen this area as Avon’s civic and cultural center  Pursue approvals from the railroad for local and/or regional transit and multi‐use trail connections  Enhance Avon’s destination appeal by hosting Avon‐centered events during the 2015 World Ski Championships and beyond  Remain a strong partner with the Eagle County Air Alliance, and continue leveraging the convenience of Avon relative to the Eagle County airport  Phase II Recreation Center Expansion to continue providing and exceptional variety of recreation opportunities  Cultural events venues, indoor and outdoor; laying infrastructure for Nottingham Park as the anchor for events  Redevelopment in the Town Core of underutilized or dated buildings; and Village at Avon development potential THREATS  The potential of continued retail leakage to Edwards and other surrounding areas  Rising transportation costs and traffic congestion on I‐70, lessening the number of visitors from Denver and Front Range  Possibility of less snow in the winter months, and resulting downturn in revenues.  Pine beetle epidemic and the threat of disastrous wildfires  Failure to manage consumptive water rights ECONOMIC DEVELOPMENT Section 1.2 DRAFT – RECOMMENDED LIST OF BUSINESS CONTACTS FOR SWOT/BRAND DEVELOPMENT - DRAFT Elli Roustom, Blue Plate Bistro elliroustom@gmail.com 845-2252 Ronda Niederhauser, Columbine Bakery niederhauserdr@comcast.net 949-1400 Mike Bennett, Beaver Creek West 949-4840 x1006 Lisa Siegert-Free, Christie Lodge 970-949-7700 x503 Mike Brown, Alpine Bank 949-3333 Michelle Courtney, Beaver Liquors 970-390-8848 Mike Brumboaugh, Venture Sports 845-7910 Chris Sears, Liberty Skis chris@libertyskis.com 866/754-542-3789 Russ Iverson, Vail Leadership Institute (970) 926-7800 Jill Kovacevich, Doctors On Call doctorsoncallavon@gmail.com 949-5434 Markian Feduschak, Walking Mountains markianf@walkingmountains.org 827.9725 x111 Kristen Pryor, Westin Riverfront Director of Marketing ECONOMIC DEVELOPMENT Page 1 of 3 DRAFT – REQUEST FOR PROPOSALS Section 2 DRAFT ‐ REQUEST FOR PROPOSALS ‐ DRAFT PROJECT: Brand Development and Brand Marketing Implementation Strategy for the Town of Avon, a home rule municipality CLIENT: Town of Avon Economic Development Committee P.O. Box 975 90 Lake Street Avon, CO 81620 DATE: July 10, 2013 General Information The Town of Avon is issuing this Request for Proposals (RFP) to retain professional services to assist the Town with developing its municipal brand and marketing implementation strategies for the selected brand. The brand will advance the Town of Avon’s adopted Strategic Plan, Comprehensive Plan and other relevant master plans; and, serve as an important element in working with the business community, real estate development, special event interests and promoting Avon as a special place for living and visiting. Overview Statement The Town of Avon, surrounded by natural beauty and located at the base of internationally renowned Beaver Creek Resort and nearby Vail, Colorado, is a strong community poised to build on its strengths to become a recognized year‐round mountain resort community. Recent resort‐oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution‐oriented municipal business. The Town will continue to value and support our full‐time and part‐time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. ECONOMIC DEVELOPMENT Page 2 of 3 DRAFT – REQUEST FOR PROPOSALS Town Responsibilities 1. Town of Avon SWOT [Attached.] 2. Access to Town of Avon’s adopted Strategic Plan, Comprehensive Plan and other relevant master plans. Go to www… 3. Access to metrics/data such as taxes, fee’s, license and permits, bus ridership, Mtrips reports, demographics, etc. Go to www… 4. Assistance with organizing outreach to business and residential community, as needed 5. Meeting space Submission of Proposal Proposals will be received by email only at BrandingRFP@avon.org Deadline 5:00 PM, MDT, August 10, 2013 Any proposal not received at the Town of Avon prior to the time set in this RFP shall not be accepted. Review Proposals and Selection The Economic Development Committee will review and select one or more Proposers for interviews in Avon. Criteria for selection will include, but not necessarily be limited to, costs for services, the Proposers approach or proposed method to complete the work, education and experience of all professional personnel assigned to the project, previous experience with similar projects, ability to perform work on schedule and within budget, and geographic proximity (or ability to serve this project from proposers office/service location). The Town Manager will negotiate a Contract for Services and present the Contract to Council for action. Acceptance of Proposal/Proposed Timetable The Town anticipates the following process and timetable will be followed in distributing the RFP, receiving and reviewing proposals and selecting the successful Proposer. Proposer’s should review calendar Tentative Timetable: RFP Issue Date July 10th Proposals Due by 5:00 PM August 10th Interviews Week of August 24th Council Awards Contract for Services September 10th Project to Commence Week of September 24th ECONOMIC DEVELOPMENT Page 3 of 3 DRAFT – REQUEST FOR PROPOSALS Proposal Information The Proposal shall include: A. Organization Profile ‐ Identification of all personnel who will be assigned to the Town of Avon Contract, responsibilities and relevant experience. Firm’s qualifications and a portfolio of similar work completed to date. B. Statement of Work and Product ‐ An outline delineating the specific steps to be performed, in what sequence, and by whom. The statement of work should include a schedule which indicates how long each step will require, and proposed schedule for progress meetings with the Economic Development Committee. Provide a clear statement of the final product. C. List of Service Costs ‐ The cost proposal must include costs on completion of the project, including professional fees, sub‐consultants, and all reimbursable expenses. Failure to submit any required data item may be cause for rejection. Proposers may submit such other data as they deem appropriate, however, voluminous or overly elaborate proposals are discouraged. Rejection of Proposals The Town reserves the right to reject any and all proposals. It also reserves the right to waive any informality in connection with the proposals. Incurring Cost of Proposal The Town is not liable for costs incurred by Proposer's prior to the award of the contract, or at any time after the award of the contract for any costs related to the preparation or response requirements of the RFP. Town of Avon Contact For information regarding the RFP please contact Virginia Egger, Town Manager, at vegger@avon.org or 970.748.4452. Director of Economic Initiatives - DRAFT Page 1 Developed: June 6, 2013 ECONOMIC DEVELOPMENT SECTION 3 DRAFT – JOB DESCRIPTION - DRAFT TOWN OF AVON DIRECTOR OF ECONOMIC INITIATIVES POSITION TITLE: DIRECTOR OF ECONOMIC INITIATIVES DEPARTMENT: TOWN MANAGER/OFFICE OF ECONOMIC DEVELOPMENT REPORTS TO: TOWN MANAGER General Statement The position of Director of Economic Initiatives provides leadership and hands-on development and implementation to achieve successful outcomes in the following areas:  General Economic Development: Works to achieve economic vitality through community investment in projects and partnerships promoting business retention and expansion;  Tourism and Special Event Sector: Directs a well-defined vision for special events, including annual return on investment analysis;  Brand: Takes a lead role in ensuring Town of Avon brand is properly implemented internally, and with local businesses, Beaver Creek, regionally and the State of Colorado;  Regional Partnerships and Initiatives: Serves as the Town’s primary representative at regional economic development committee meetings advancing the Avon’s interests and opportunities for beneficial mutual efforts;  Airport and I-70 Coalition: Understands and oversees and represents the Town of Avon in Airport partnerships and operations and the goals and activities of the I-70 Coalition in traffic management and the AGS program;  Data: Collects, develops and analyzes demographic and economic data for the Town of Avon Economic Development website page Direction and Supervision Works under the direct supervision of the Town Manager Essential Functions and Duties  Regularly meet with local business to share economic and demographic data, trends, business and market conditions; the Town’s Strategic Plan and Special Events Program; and infrastructure improvement plans.  With the local business community, propose and implement options regarding the economic strategies and funding for business retention and expansion including but not limited to special improvement district investments for business improvement, parking and transportation improvements and management, public infrastructure investments, marketing initiatives, special event development, federal and state and Town funding opportunities and brand implementation.  Regularly meet and represent the Town on regional economic development committees, coordinating special event and business investment opportunities and developing public – public – private partnerships. Director of Economic Initiatives - DRAFT Page 2 Developed: June 6, 2013  Serve as staff representative on the I-70 Coalition and Eagle County Air Alliance advancing the Town of Avon’s position for an AGS station, I-70 improvements and peak-time management and support for airline expansion.  Engage in the compilation and presentation of research including demographics, economic trends, strategic plan and community competitiveness to the Town council and community business partners, including the development, private business and education sectors. Required Knowledge  Extensive knowledge of the principles and practices of economic development and tourism market analysis accompanied by a proven rack record of results.  Thorough knowledge of the economic, geographic and demographic factors of and affecting mountain resort communities.  Knowledge of local retail and accommodation business principles and how local government can support and expand these sectors  Strong background in attraction and development of a variety of special events and ROI analysis  Working knowledge of related state and federal economic development and tourism programs.  Extensive knowledge and experience in working with public and private financing mechanisms to promote economic development. Education/Experience A Bachelor’s Degree in Business Administration, Economic Development, Marketing, Economics or closely related field required. Master’s degree in these fields or Economic Developer Certification preferred. Five years of progressive work experience, including economic development program development and implementation, economic analysis and data collection. Private sector experience in business management and public-private partnerships required. Experience in mountain resort business retention and expansion, special events and festival attraction a strong plus. ECONOMIC DEVELOPMENT Section 4 Town of Avon Website: Economic Development Economic Demographics and Data The website has been started and can be reviewed at: http://co-avon2.civicplus.com/index.aspx?NID=853 During the June 13th meeting, an introduction to the site will be presented for review and comment. TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Patty McKinney, Assistant Town Manager Date: July 11, 2013 Agenda Topic: 2nd Quarterly Report on the 2013-14 Strategic Plan & 2013 Work Plan Please find attached Council’s adopted 2013-14 Strategic Plan & 2013 Work Plan [Strategic Plan], including bulleted points reporting on the progress through the 2nd Quarter. I believe you will find the 2nd Quarter work has largely been completed. This is important as several of the Strategic Plan elements rely upon 1st and 2nd Quarter work being accomplished. 3rd Quarter Work Plan A review of the scheduled work in the 3rd Quarter indicates most work can be accomplished and no changes have been made. Several planned work activities from 2nd Q have been moved to the 3rd Q and include the following: Economic Development: Comcast Franchise Agreement Special Events: Implement process to identify, solicit, produce and evaluate the value of special events 2015 World Alpine Championships: Meet with representatives of Avon lodging community to discuss opportunities for 2015 Water Issues: contact Urban Run-off Group regarding participation on the Avon Executive Committee Finally, since adopted, other important major work has been identified such as the 1) the Development Concepts for Capital Facilities and Town Owned Properties, and 2) the Phase II Recreation Center Expansion and Recreational Improvements and related ballot question. Summary It is important that each staff person is fully employed, but most importantly is that we are working on the right projects for the Town of Avon. We look forward to the 2nd Quarterly Review and discussion of the 3rd Quarter work to ensure that we are working on the right projects. 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 1 2ND QUARTER UPDATE JULY 17, 2013 2013-14 STRATEGIC PLAN 2013 WORK PLAN Adopted by the Avon Town Council Resolution 13-05, Series of 2013 February 26, 2013 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 2 Overview The Town of Avon, surrounded by natural beauty, is today a strong community that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 3 Strategic Plan Fiscal Years 2013 - 2014 Tier 1 Priority: Fiscal Year 2013 1) Develop Business-like Practices and Culture of Town Hall – Ensure that Town government is operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. Tier 2 Priorities: Fiscal Year 2013 2) Economic Development – Ensure that the Town of Avon is prepared for new development and re- development. Evaluate Urban Renewal Authority expansion and other incentives to promote quality development of a high standard; update the Avon Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of what can and what cannot be negotiated. 3) Village at Avon Partnership – Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. Tier 2 Priorities: Fiscal Years 2013-2014 4) Special Events – Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. 5) 2015 World Alpine Championships – Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. Tier 3 Priorities: Fiscal Years 2013- 2014 6) Water Issues – Identify water issues and develop a timetable and approach for resolution over the next year or two; manage what can be done against higher priorities. 7) Transit Consolidation – Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 4 2013 Work Plan Develop Business-like Practices and Culture of Town Hall Tier 1 Priority: Fiscal Year 2013 Leader: Mayor Rich Carroll Staff: Town Manager Virginia Egger Ensure that Town government is managed and operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. 1st Quarter January – March 2013 1.1 Develop Core Values and Cultural Statement with Staff; implement with orientation session and on-going team building exercises ACCOMPLISHMENTS • During January and February all employees were invited to meet with the Town Manager to share ideas and concerns. • Representative ad hoc group of 14 employees reviewed the themes which came out of the meetings and developed a draft Culture Statement, which was distributed to all staff on March 25th • Final Cultural Statement distributed to all staff on May 8th (English version) and May 13th (Spanish version); framed copies for all facilities/departments were distributed on July 10th. • Schedule of Supervisor and staff meetings established on July 10th – generally every six (6) weeks 1.2 Determine organizational structure and staffing for Public Works, Recreation and Community Development Department prior to recruiting vacant Director positions, assessing whether the position(s) should be filled; implement decisions (See 1.3 below) 1.3 Recruit and hire for Director vacancies based upon final organizational plan • Parks and Recreation Department formed; with Parks moving to the Recreation Department it was determined that Fleet, Transit and Road and Bridge are discreet divisions with little cross-over supervisory requirements, therefor, the Public Works Department position will remain vacant. • Determination was made that Community Development Director should remain vacant due to current low application demand and that current staff is capable of taking on managerial duties with training and mentoring by the Town Manager. A Planning Technician job was created and filled with existing staff, which included reduced hours for GIS; Community Development planner positions were evaluated with a Senior Planner position being established with general supervisory responsibilities for the Department. • Offices relocation plan was developed and implemented with final relocation of Building Division to Fleet Mezzanine completed in June 1.4 Evaluate and establish IT priorities – provide a rigorous review of cost-benefit for proposed improvements and carry-out a mandate for efficiency • Department Heads met in January and identified all IT demands and established Laserfiche implementation as the highest priority; Police Sleuth and eticket software changes deferred until complete interfaces completed with outside agencies. Other priorities: • Phone system bids distributed, coverage evaluated & Verizon selected as provider. Cell phone Use Policy was implemented and evaluation of which positions need phones or data plans was completed. New plan implemented on June 7th. 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 5 • Finance Department Evaluations underway: automating payroll and business license functions, including credit card payments • Email archiver research underway; common work order system & meeting scheduler applications being reviewed • Software inventory being completed 1.5 Finalize work plans for all departments for seasonal and 2013 budget goals, including new maintenance plans for Village at Avon improvements • Work Plans completed • Irrigation systems and electrical systems preliminary physical inspection completed with Traer Creek personnel. • Post Boulevard cleaned-up in partnership with TCMD 2nd Quarter April – June 2013 2.1 Complete a comprehensive review of all Town departments to assess the necessity of tasks and functions, effectiveness and efficiency in meeting department responsibilities, staffing levels, and future needs; present to Town Council • Scheduled as part of the 2014 budget process 2.2 Develop budget process and schedule for Council approval; evaluate developing 2 – 3 year General Fund budgets • Budget process approved by Council on June 11th • 3 Year Revenue Projection to be developed; evaluate 2-year budgets to begin in 2015 tied to 2-year Strategic Plan (2015-16) 2.3 Staff training on “competitive” business practices and fiduciary responsibility • General theme in all decisions; part of regular staff and supervisor meetings which now are set approximately every six weeks 2.4 Complete all Village at Avon implementing documents • In process 3rd Quarter – July – September 2013 3.1 Hold Council Retreat to evaluate and amend 2013-14 Strategic Plan and 2013 Work Plan, as needed • Scheduled for August 13th 3.2 Review and update Asset and Capital Five Year Plans 3.3 Mid-year 2013 budget review and amendment, if needed • Presented and approved by Council at meetings on June 11th and June 25th; request from Town Council to improve financial information in a more understandable format 4th Quarter October – December 2013 4.1 Review and update Strategic Plan 4.2 Budget preparation, hearings and adoption 4.3 Prepare 2014 Work Plans 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 6 2013 Work Plan Economic Development Tier 2 Priority: Fiscal Year 2013 & 2014 Leaders: Economic Development Subcommittee Councilors Todd Goulding and Chris Evans Staff: Town Manager Virginia Egger, Community Development and Finance Department Staff Ensure that the Town of Avon is prepared for new development and re-development. Evaluate URA expansion and other incentives to promote quality development of a high standard; update the Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of public benefit expectations, incentives and minimum development requirements for critical project elements, such as parking. 1st Quarter January – March 2013 1.1 Develop a land development “tool box” which identifies appropriate incentives and a regulatory framework to support and partner with land developers and the building community. This will encourage the project standards and reasonable surety for developments to create and permit projects in a manner that respects the time-value of resources. • PZC identified areas for Code improvement • Work just commencing. For 2nd Q: From the April 4th session with Councilors Evans and Goulding and staff: o Collect primary and secondary sources of data, which can be used to measure and guide economic development efforts o Research other successful Economic Development programs; structure and funding o Research branding efforts: Stakeholder’s, process, cost, timeframe, what initial work should Avon do prior to a branding effort o Goals of a Town of Avon economic development effort: In 3-5 years turn-over to a NGO, identify a single point of contact • Successful schedule and timely review of Wyndham project 2nd Quarter April – June 2013 2.1 Host a business summit for existing businesses to listen to how the Town of Avon can support business vitality 2.1.1 Define and implement the Town “brand” 2.1.2 Evaluate the benefit of a business survey; and 2.1.3 Create action plan with the business community • Internal Economic Development Committee (EDC) developed: Review and key elements of a successful municipal economic development program; SWOT, Branding RFQ, Job description for Director of Economic Initiatives, Demographic and Business Data and began developing on Town of Avon website • EDC distributed economic development packet and held an initial meeting with business representatives on June 13th. Identified immediate actions to assist the business community; agreed to meeting in next 30 days • Present SWOT and Branding RFQ to Council on July 17th • Present Job Description for Director of Economic Development to Council on July 17th 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 7 2.2 Evaluate and select data base and revenue software/spreadsheet system to assist with statistical analysis of key metrics identification in collaboration with Avon businesses and regional economic development committees; understand the demographic characteristics of visitors to the region • Software review close to completion; MuniRev to be demonstrated to business representatives in July/August • Special Event surveys this summer will begin to help identify visitor demographics; need to identify sources, including private resort operators, who have visitor data 2.3 Identify with the Planning and Zoning Commission: 1) Elements of the Comprehensive Plan, and, as appropriate, area specific and service plans, such as the District Plans and Transportation Plan, which should be amended to meet the current vision of the Town; and 2) Code amendments, including “clean-up” of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated, such as the sign code. • Moved to 4th Quarter 2.4 Develop the scope, public process, including possible Community Survey, and schedule for commencement and completion of the Comprehensive Plan Update. • Survey funding shifted to Telephone Survey to assess recreation amenities development; Comprehensive Plan update work to be evaluated in 4th Quarter 2.5 Negotiate and finalize multi-year Comcast Franchise Agreement • Move to 4th Quarter 3rd Quarter – July – September 2013 3.1 Evaluate expansion of URA into other qualified areas of Avon. 3.2 If URA expansion is desirable, solicit RFQ and identify budgetary needs 3.3 Complete URA expansion, if being pursued 3.4 Review and update the Town’s Private-Public Partnership Policy and investment Policy, as needed. 3.5 Commence Municipal Code clean-up amendments, including functional review of the regulatory process to ensure applications meet the Comprehensive Plan and land use codes and provide a review process that is substantive, not unnecessarily duplicative or unreasonably lengthy. Assess the delegation of decision-making authority to meet the Town’s client-focused and solution-oriented mandate. 4th Quarter October – December 2013 4.1 Identify with the Planning and Zoning Commission: 1) Elements of the Comprehensive Plan, and, as appropriate, area specific and service plans, such as the District Plans and Transportation Plan, which should be amended to meet the current vision of the Town; and 2) Code amendments, including “clean-up” of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated, such as the sign code. 4.2 Complete Code Clean-up 4.3 Commence work on other prioritized updates for specific land use plans, such as East Avon, Transportation Development, etc. 4.3 Evaluate opportunity for a “sister city/ international city” partnership 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 8 2013 Work Plan Village at Avon Partnership Tier 2 Priority - 2013 Leaders: Traer Creek Liaison Appointees Dave Dantas and Jennie Fancher Staff: Town Manager Virginia Egger, Public Works, Parks, Community Development and Engineering Staff Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and the trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. 1st Quarter January – March 2013 1.1 Complete Settlement documents which require execution by the Town of Avon; continue to assist and advise on other document approvals, as appropriate, to complete all Settlement agreements. • In process 1.2 Collect, consolidate, organize and prepare action summaries of all Village at Avon documents, agreements and assignments within Town Hall. The Community Development Department will be the primary contact and responsible party for understanding and managing the Village at Avon settlement agreements once finalized by Town Council. • 90% complete; final collection of documents to be finalized upon completion of settlement 1.3 Meet with Village at Avon districts to review infrastructure responsibilities and processes for design approvals; communicate maintenance plan for FY 2013 • Completed 1.4 Liaison Appointees and appropriate staff will meet in a general overview session in January and March to discuss current issues and future opportunities • Completed • At March meeting TCMD requested the formation of a Parking and Transportation Task Force to master plan their property and the Town’s systems to Beaver Creek (Initial meeting scheduled for July 29th) • At the same meeting, the Town requested partnership to clean-up Post Blvd. in April and work on irrigation and electrical systems (Completed) 2nd Quarter April – June 2013 2.1 Liaison Appointees and appropriate staff will meet in a general overview session in May and June to discuss current issues and future opportunities • Met in June for general discussion purposes 2.2 Assist as appropriate to complete Water Tank design and Water Authority bond issue • In process 2.3 Identify and request, as determined, use of Traer Creek property for 2013 special events • Signed Agreement of July 3rd Parking 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 9 3rd Quarter – July – September 2013 3.1 Liaison Appointees and appropriate staff will meet in a general overview session in August to discuss current issues and future opportunities 3.2 Upon completion of bond issue, Settlement document completion and escrow release, begin Village at Avon infrastructure clean-up and maintenance 3.3 Identify and request, as determined, use of Traer Creek property for 2014 & 2015 World Alpine Championships 4th Quarter October – December 2013 4.1 Liaison Appointees and appropriate staff will meet in a general overview session in October and November to discuss current issues and future opportunities 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 10 2013 Work Plan Special Events Tier 2 Priority – Fiscal Years 2013-2014 Leaders: Councilors Jake Wolf and Buz Reynolds Staff: Town Manager Virginia Egger and Parks and Recreation Staff Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. Beaver Creek Resort, with its recreational and cultural activities, is an important economic driver of the Avon economy, offering a vast array of amenities which add to the richness of the day-to-day life of Avon residents, the community and tourists. Avon will work closely to further build the relationship with Beaver Creek Resort Company and Vail Resorts that supports business brands, the tourist economy and community offerings, including but not limited meeting the transportation, security and amenity needs of a mature resort and community. 1st Quarter January – March 2013 1.1 Town Leaders and appropriate staff meet in March to: 1) Identify opportunities and tasks to increase special events for 2013; 2) Evaluate establishing a Cultural, Arts and Special Events Commission to promote and assist with the production of recreational, cultural, educational and social events • 2013 Special Events identified; on April 23rd Council agenda – Council approved approach • No recommendation is yet ready on a Commission because focus in first and second Q continue to gather information and work on 2013 special events already scheduled 1.2 Evaluate success of Fire & Ice, including recommendation for continuation of the event or variation • To be completed 2nd Quarter April – June 2013 2.1 Implement actions for Summer 2013 new Special Events, if any • On-going 2.2 Implement a process to identify, solicit, produce and to evaluate the value (spending, ROI, community interest) Special Events: the goal is to develop a strategic plan to grow Special Events next Five Years • To be completed in the 3rd Quarter • RFQ distributed for music festivals in 2014-2015 • Development of parade and “mini” evening festival for Mini-Coopers underway for August 8th 3rd Quarter – July – September 2013 3.1 Implement actions for Fall 2013 new Special Events, if any 3.2 Draft Special Events Strategic Plan for FY 2014-15, with Cultural, Arts and Special Events Commission, if formed 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 11 4th Quarter October – December 2013 4.1 Implement actions for Winter 2013 new Special Events, if any 4.2 Budget for 2014 Special Events 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 12 2013 Work Plan 2015 World Alpine Championships – February 3 – 15, 2015 Tier 2 Priority: Fiscal Years 2013-2014 Leader: Mayor Rich Carroll and Mayor Pro Tem Staff: Town Manager Virginia Egger, Transportation, Police and Parks and Recreation Staff Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Production of stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. 1st Quarter January – March 2013 1.1 Identify Town staff participation to date and current participation activities • Completed 1.2 Meet with Vail Valley Foundation Ceil Folz to connect and commit Avon to support of the event and opportunities within Avon • Completed; Town Manager added to Festivals and Organization Committee • Councilors Fancher and Reynolds advocated for activities in Avon; Festival Committee has identified large building ice sculptures, music and food, which are identified now in Festival Plan • Requires continual promotion by the Town to complete plan as identified in 2nd Q 1.3 Meet with representatives of Avon lodging community to discuss opportunities for 2015 • Did not occur; may be better timed in 2nd Q 2nd Quarter & 3rd Quarter – April – September 2013 2.1 Develop comprehensive action plan for special events, marketing, logistics, security, sponsorship, partnerships • Comprehensive Plan developed for special events and submitted to VVF; once “approved” marketing, logistics, security, sponsorships and partnerships can move forward 2.2 Commence implementation 2.3 Evaluate value of promotional video and social media in marketing Avon • To be done 4th Quarter October – December 2013 4.1 Continue implementation of plan 4.2 Update, as needed, mall improvement plans and be fully ready for bid and construction in 2014 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 13 2013 Work Plan Water Issues Tier 3 Priority: Fiscal Years 2013-2014 Leaders: Mayor Rich Carroll and Councilor Todd Goulding Staff: Town Manager Virginia Egger, Engineering Staff and Special Water Counsel Identify and water issues and develop a timetable and approach for resolution over the next two years; manage what can be done against higher priorities. 1st Quarter January – March 2013 1.1 Join the Upper Eagle River Water Authority in a “Water Summit” to identify all issues and develop a timetable and project approach for addressing issues on a prioritized basis. Seek to resolve all issues by November 1, 2014. • Issues, timetable and prioritization completed 1.2 Organize water and wastewater documents and files at Town Hall; institutionalize knowledge. • 90% completed; final electronic organization to be done by September 30th 1.3 Hannewald Barn – Community Development Department to provide a report to Town Council at its March 26th work session regarding the historic preservation status of the barn and restrictions, if any, to relocation; report on historic and relocation status by April 1st to the ERWSD. • Completed with direction by Council in regards to allowing time for interested parties to find a relocation site and funding • Update presented at April 23rd Council meeting • On follow-up list 1.4 Begin in March with the Water Authority, Avon representatives and Mountain Star residents the identification and resolution of the Mountain Star water tank, fire flow, irrigation and system delivery issues. Seek to resolve these important matters in a timely manner. • Town and Authority working group finalizing information and solution recommendations • Late May session set with Mountain Star representatives completed • Engineers are evaluating system improvements; records requests met 1.5 As requested by the Water Authority, review and take action on March 12th on water rate increase for 2013 bond improvements. • Completed 2nd Quarter April – June 2013 2.1 Evaluate water counsel role and responsibilities; execute special water counsel retention agreement. • In process, but not completed 2.2 Contact Urban Run-off Group to request Avon Executive Committee appointment. Participate with the Group to understand activities and possible 2014 funding request for a Gore Creek Water Quality Improvement Plan. • No notice of meetings received; have not yet made appointment request 2.3 With the Water Authority, beginning in early May, develop an understanding of how water rights and water use are accounted for and develop a process for future transactions. • First meeting now scheduled for July 16th 2.4 Schedule review of Authority Agreement with Council and Water Authority representatives to begin identifying and developing solutions for needed amendments; plan to adopt changes no later than November 2014. • See 2.3 above 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 14 3rd Quarter – July – September 2013 3.1 Draft and execute an agreement with the ERWSD for long term cost sharing and O&M responsibilities of the Heat Recovery System. 3.2 Review Town and ERWSD 2002 Recreational Path Berm maintenance agreement; meet with ERSWD to decide on appropriate improvements and maintenance: incorporate in Avon’s 2014 budget. 3.3 In September, review the basis for the Avon’s water fees, which are assessed in addition to those tap fees and operational fees assessed by the Water Authority. 4th Quarter October – December 2013 4.1 Schedule 1) ERWSD presentation of its 20-year wastewater infrastructure master plan, including possible rate increase needs and Town’s 1041 requirements; and 2) Water Authority and ERWSD presentation on Eagle Mine’s metal loading issues on the Eagle River. 4.2 Evaluate and remediate liability concerns, if any, for Avon Drinking Water Facility fenced area with the Water Authority. 4.3 Schedule with the Water Authority work plans for 2014 issues: 4.3.1 Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water Authority. Deadline for resolution: September, 2014 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 15 2013 Work Plan Transit Consolidation Tier 3 Priority – Fiscal Years 2013-2014 Leaders: Councilors Buz Reynolds and Jake Wolf Staff: Town Manager Virginia Egger, Public Works Director and Transit Division Staff Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 1st Quarter January – March 2013 1.1 Update cost estimates for vehicle storage at I-70 RTF 1.2 Update draft agreement for storage 1.3 Develop marketing plan for I-70 RTF storage and Fleet Services • In process, Term Sheet will be presented to Council on April 23rd 1.4 Finalize use and contracting of grant funds remaining for Transit: $130,000 • Purchasing replacement van – 24 seats 1.5 Finalize decision on use of $600,000 grant funds for I-70 RTF construction • Council approved mezzanine construction; design completed including offices for Road and Bridge 1.6 Council direction on AGS participation • After CDOT presentation, direction was to pursue station; Mayor has sent letter and staff attending meetings 1.7 Throughout the year, fully participate in regional transportation and parking forums and in CDOT I-70 corridor planning • Participating in these meetings, both elected and appointed officials 2nd Quarter April – June 2013 2.1 Finalize negotiations and lease with ECO Transit for I-70 RTF storage • Final and on Council agenda for August 13th 2.2 Market to other potential clients for bus/vehicle storage and Fleet Services • In process with several regional public entities 2.3 Evaluate transit services for FY 2014 and opportunities for regional efficiencies • Priority program of Regional Collaboration – 2nd meeting scheduled for July 12th 2.4 As appropriate, participate in Regional Collaboration efforts on transit 3rd Quarter – July – September 2013 3.1 Finalize I-70 RTF lease agreements for 100% year-round occupancy 3.2 Assess demographic characteristics of bus riders and how best to disseminate information about transit service and about the Town 4th Quarter October – December 2013 2013-2014 STRATEGIC PLAN & 2013 WORK PLAN 2nd Quarter Review – July 17, 2013 Pa g e 16 TBD Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Implementation Update DATE: July 12, 2013 Summary: This memorandum provides an update on the settlement implementation for the Village (at Avon) litigation. Attached to this memorandum are Status Reports filed by the Upper Eagle River Water Authority, BNP Paribas and Traer Creek Metropolitan District. Bond Issuance: The parties are continuing to work on revising documents to authorize The Village Metropolitan District to issue tax-exempt bonds rather than Traer Creek Metropolitan District. I should be able to provide an update at the Council meeting as to the progress on this effort. BNP Paribas has indicated that Bonds must be issued by October 1, 2013 which will require all documents to be finalized and all approvals secured by the end of August, 2013. Please see the attached Status Reports for more information concerning whether Traer Creek Metropolitan District issues taxable bonds or if The Village Metropolitan District issues tax-exempt bonds. Water Tank Project: Currently, there are insufficient funds to construct the water storage tank project and remove dirt from the site as requested by Traer Creek LLC and Traer Creek Metropolitan District. Traer Creek Metropolitan District has retained Marcin Engineering to redesign the road in anticipation that a new road design will reduce both road building costs as well as dirt removal. Please see the attached Status Reports for more information concerning the road redesign. Remaining Documents for Town Approval: Documents which may come back to Council with additional revisions for approval include: (1) Nottingham Dam Easement Agreement, (2) Revocable License Agreement for Snow Storage, and (3) the Partial Assignment of Roadway Easements. Requested Action: No Council action is requested at this time. Thank you, Eric M EMORANDUM & PLANNING, LLC UPPER EAGLE REGIONAL WATER AUTHORITY 846 Forest Road • Vail, Colorado 81657 • (970) 476-7480 FAX (970) 476-4089 • www.erwsd.org UPDATED STATUS REPORT July 9, 2013 E-FILED TO: Honorable R. Thomas Moorhead Eagle County District Court FROM: Linn Brooks, General Manager, Upper Eagle Regional Water Authority ("UERWA" or "Authority"), James P. Collins, UERWA General Counsel, and Eric C. Jorgenson, Collins Cockrel & Cole PC RE: Settlement of Civil Action No. 08CV385 The Authority hereby updates its prior Status Reports with new information it has acquired since the last Status Conference on June 27, 2013. Proposal for Re-Alignment of the Access Road On June 28, 2013, Traer Creek Metropolitan District (the "District") presented a proposal to the Authority to re-align the Access Road to be constructed as a part of this Project. The District presented this proposal as an alternative to the current location and design of the Access Road as provided in the Plans and Specifications for this Project which have been successfully bid by the Authority as reported to the Court on June 12, 2013. The District has represented to the Authority that it believes the re-alignment of the Access Road may save as much as 1.5 Million Dollars in construction costs if Excess Materials are not required to be disposed of on- site, or trucked off-site for disposal. The Project, as presently designed, has been bid for both off-site and one-site disposal of Excess Materials from the Access Road and from the Tank Site. A copy of the Authority's response to the District's proposal is attached to this Report. On July 8 the Authority was informed that the District has engaged Marcin Engineering to prepare a final design of the re-aligned Access Road as proposed by the District at the District's expense. Dan Leary for the District has indicated that he expects to deliver the final design for the re-aligned Access Road to the Authority by July 26, 2013. Any of the three Bids the Authority has received may be withdrawn after August 9, 2013. WATER OPERATIONS Arrowhead Metropolitan District • Town of Avon • Bachelor Gulch Metropolitan District Beaver Creek Metropolitan District • Berry Creek Metropolitan District Cordillera Metropolitan District • Eagle-Vail Metropolitan District • Edwards Metropolitan District Page 2 Award of the Construction Contract Because the size of the Project Fund last projected on June 24, 2013 is not sufficient to fully pay the costs of construction, plus contingencies, plus the costs for the Construction Management Services the Authority has agreed to provide, and pay the costs of issuance of the 2013 Series B Bonds, the Authority is not able to award a Construction Contract for the Traer Creek Water Storage Tank Project at this time. The Authority will continue to monitor the municipal bond markets and will have its underwriter continue to model the size of the Projected Project Fund at least twice each month during July, August and September. A copy of the Sources and Uses of Funds produced on July 8, 2013 is attached which projects a Project Fund of 7.75 Million Dollars, an amount that is not sufficient for the issuance of the Authority's Bonds for any of the Bids the Authority has received. Rising interest rates have decreased the size of the projected Project Fund by more than 1.0 Million Dollars since April 29, 2013. Should interest rates become more favorable in the next 90 days, the Authority would expect that all parties would have deposited all of the required documents (including all of the subordination or release documents from the Lenders) to the Escrow so that an immediate Implementation Date could be established and Bonds could be issued within 30 days. There is no indication at this time, however, that the Court's Order concerning the deposit of documents to the Escrow by June 20, entered on April 17, has been fully complied with by the Parties. The Authority has no obligation to proceed with the issuance of its Bonds or the construction of the Traer Creek Water Storage Tank if the Annual Debt Service Pledge Amount ($500,000) is not sufficient to fully pay the annual debt service on the Tank Project Bonds; see Section 9.a.i of the Tank Agreement. The Authority shall be released from any obligations to issue its Bonds or to construct this Tank if the Implementation Date does not occur before the Outside Date, November 13, 2013, unless an Outside Date Extension Notice is executed by BNP, TCMD, the Authority, the Town and TCLLC and is delivered to the Escrow Agent. cc: Eric Heil, Avon Town Attorney Dean C. Heizer Brandee L. Caswell Frances A. Koncilja Kathy Kanda (all via email on July 9, 2013) Mary Jo Dougherty Munsey Ayers Michael Repucci Ben Ocha w,Sor EAGLE ROVE WATER & SANITATION DISTRICT July 3, 2013 VIA E-MAIL TO DANLEARY@TRAERCREEK.COM Dan Leary Traer Creek Metropolitan District Re: Traer Creek Water Storage Tank Project ("Project") Re-Alignment of the Access Road Dear Dan: We have considered the proposal you presented on Friday, June 28, concerning re-alignment of the Access Road for this Project as prepared for you by Marcin Engineering. While we share your interest in reducing the costs of this Project, particularly for disposal of Excess Materials from the Tank Site and the Access Road, we believe it would have been more productive to have proposed this alternative when the Engineering & Design Work was being prepared over the past six months, or had you asked Alpine Engineering to consider this alternative when the Construction Cost Estimate was completed in April. Now that there is a delay in the issuance of bonds by your District, the Authority is prepared to consider the re-alignment you have proposed for Traer Creek Metropolitan District ("District") upon the following terms. 1.Alpine Engineering and the other consultants already under contract to the Authority for this Project must complete Engineering & Design Work required for re-alignment of the Access Road at the District's expense. 2.Traer Creek Metropolitan District, or the Owner or Developer, must first fully reimburse the Authority for its costs and expenses in the amount of $ 36,831.22 incurred in completing the Engineering & Design Work for this Project that was the basis for the Bids already submitted that was not fully paid from the District's prior chase advances. I have enclosed a spreadsheet that details these expenses. There are some funds remaining from the $15,000.00 the District advanced for design of the soil nail wall alternative; these funds in the amount of $10,706.00 could be applied to reimburse the Authority for that portion of the costs and expenses at your direction. 3.Traer Creek Metropolitan District, or the Owner or Developer, must first fully reimburse the Authority for its staff time (763.45 hours) in the amount of $35,807.50 as detailed in the attachment to this letter for the period from December 23, 2012 to June 8, 2013 for Design and Engineering and the Bid Process already completed by the Authority. 4.Upon receipt of these payments, the Authority will immediately meet with its Design Team and determine the estimated costs for the Engineering & Design Work for this re-alignment and a time table for completion of that Work. Before authorizing its consultants to proceed, the Clean Water, Quality Life. 846 Forest Road Vail, Colorado 81557 Tel (970) 476-7480 Fax (970) 476-4089 erwsd org CC: Mr. Dan Leary Page 2 Authority will expect to receive an additional cash advance from the District equal to the estimated costs of this Work. 5.If, as you expect, this re-alignment substantially reduces the estimated costs of this Project because the amount of Excess Materials to be disposed of on-site is reduced or eliminated, the Authority would then be prepared to either negotiate a revised contract with the apparent low bidder (Flatiron Constructors), or re-bid the Project for 2014/2015. The apparent low bid is only good until August 9, 2013. We would not expect that this work will be completed by that date. 6.It continues to be the Authority's position that the Project Fund resulting from an issuance of the Authority's 2013 Series B Bonds that are scheduled to be repaid from the District's pledge of $500,000 per year must be sufficient to fully pay the Contract Price, provide a sufficient margin for all Contingencies, and pay for the Authority's expenses for Consultants during the Construction Management process. The Authority Board of Directors has given me very clear instructions that the Authority shall not assume any financial risks for this Project. If you wish to proceed on the basis outlined in this letter, please confirm that position in writing and advise me when the funds requested herein will be paid. Once those funds are received, we will proceed immediately to prepare the Plans and Specifications which incorporate the proposal you have made for the District. I can make no representations that the cost reduction or the financing that will be available when this process is complete will be sufficient to allow the Authority to sell its Bonds and construct this Project. Please call if you wish to discuss further. Si cerely, 'rva n LA. Li n Brooks - eral Manager per Eagle Regional Water Authority Board of Directors James P. Collins, General Counsel Steve Sego, Construction Management Supervisor TABLE OF CONTENTS Upper Eagle Regional Water Authority Traer Creek Tank Project Financing ($500K Scenario) Preliminary Rates as of July 8th, 2013 Report Page Sources and Uses of Funds 1 Bond Pricing 2 Bond Summary Statistics 4 Bond Debt Service 5 Prepared by Piper Jaffray & Co. SOURCES AND USES OF FUNDS Upper Eagle Regional Water Authority Traer Creek Tank Project Financing ($500K Scenario) Preliminary Rates as of July 8th, 2013 Dated Date Delivery Date Sources: 07/27/2013 07/27/2013 Bond Proceeds: Par Amount 7,815,000.00 Net Premium 88,018.50 7,903,018.50 Uses: Project Fund Deposits: Project Fund 7,751,628.38 Delivery Date Expenses: Cost of Issuance 66,600.00 Underwriter's Discount 46,890.00 Bond Insurance 24,925.88 Surety Expense 12,974.24 151,390.12 7,903,018.50 Prepared by Piper Jaffray & Co. Page 1 BOND PRICING Upper Eagle Regional Water Authority Traer Creek Tank Project Financing ($500K Scenario) Preliminary Rates as of July 8th, 2013 Maturity Yield to Premium Bond Component Date Amount Rate Yield Price Maturity (-Discount) Serials: 12/01/2013 125,000 3.000% 0.650% 100.806 1,007.50 12/01/2014 140,000 3.000% 0.960% 102.717 3,803.80 12/01/2015 145,000 3.000% 1.330% 103.841 5,569.45 12/01/2016 150,000 3.000% 1.740% 104.075 6,112.50 12/01/2017 155,000 4.000% 2.090% 107.890 12,229.50 12/01/2018 160,000 4.000% 2.460% 107.665 12,264.00 12/01/2019 170,000 4.000% 2.750% 107.228 12,287.60 12/01/2020 175,000 4.000% 3.040% 106.273 10,977.75 12/01/2021 180,000 4.000% 3.300% 105.066 9,118.80 12/01/2022 190,000 4.000% 3.560% 103.467 6,587.30 12/01/2023 195,000 4.000% 3.710% 102.468 4,812.60 1,785,000 84,770.80 Term Bond (2028): 12/01/2024 205,000 4.250% 4.470% 97.570 -4,981.50 12/01/2025 215,000 4.250% 4.470% 97.570 -5,224.50 12/01/2026 220,000 4.250% 4.470% 97.570 -5,346.00 12/01/2027 230,000 4.250% 4.470% 97.570 -5,589.00 12/01/2028 240,000 4.250% 4.470% 97.570 -5,832.00 1,110,000 -26,973.00 Term Bond (2033): 12/01/2029 250,000 5.000% 4.730% 102.182 C 4.830% 5,455.00 12/01/2030 265,000 5.000% 4.730% 102.182 C 4.830% 5,782.30 12/01/2031 275,000 5.000% 4.730% 102.182 C 4.830% 6,000.50 12/01/2032 290,000 5.000% 4.730% 102.182 C 4.830% 6,327.80 12/01/2033 305,000 5.000% 4.730% 102.182 C 4.830% 6,655.10 1,385,000 30,220.70 Term Bond (2042): 12/01/2034 320,000 5.000% 5.000% 100.000 12/01/2035 335,000 5.000% 5.000% 100.000 12/01/2036 355,000 5.000% 5.000% 100.000 12/01/2037 370,000 5.000% 5.000% 100.000 12/01/2038 390,000 5.000% 5.000% 100.000 12/01/2039 410,000 5.000% 5.000% 100.000 12/01/2040 430,000 5.000% 5.000% 100.000 12/01/2041 450,000 5.000% 5.000% 100.000 12/01/2042 475,000 5.000% 5.000% 100.000 3,535,000 7,815,000 88,018.50 Prepared by Piper Jaffray & Co. Page 2 BOND PRICING Upper Eagle Regional Water Authority Traer Creek Tank Project Financing ($500K Scenario) Preliminary Rates as of July 8th, 2013 Dated Date 07/27/2013 Delivery Date 07/27/2013 First Coupon 12/01/2013 Par Amount 7,815,000.00 Premium 88,018.50 Production 7,903,018.50 101.126276% Underwriter's Discount -46,890.00 -0.600000% Purchase Price 7,856,128.50 100.526276% Accrued Interest Net Proceeds 7,856,128.50 Prepared by Piper Jaffray & Co. Page 3 BOND SUMMARY STATISTICS Upper Eagle Regional Water Authority Traer Creek Tank Project Financing ($500K Scenario) Preliminary Rates as of July 8th, 2013 Dated Date 07/27/2013 Delivery Date 07/27/2013 Last Maturity 12/01/2042 Arbitrage Yield 4.742850% True Interest Cost (TIC) 4.752904% Net Interest Cost (NIC) 4.811812% All-In TIC 4.871090% Average Coupon 4.840889% Average Life (years) 18.099 Duration of Issue (years) 11.641 Par Amount 7,815,000.00 Bond Proceeds 7,903,018.50 Total Interest 6,847,284.44 Net Interest 6,806,155.94 Total Debt Service 14,662,284.44 Maximum Annual Debt Service 499,575.00 Average Annual Debt Service 499,661.34 Underwriter's Fees (per $1000) Average Takedown Other Fee 6.000000 Total Underwriter's Discount 6.000000 Bid Price 100.526276 Bond Component Par Value Price Average Coupon Average Life PV of 1 bp change Serials 1,785,000.00 104.749 3.895% 5.748 931.80 Term Bond (2028) 1,110,000.00 97.570 4.250% 13.421 1,198.80 Term Bond (2033) 1,385,000.00 102.182 5.000% 18.442 1,135.70 Term Bond (2042) 3,535,000.00 100.000 5.000% 25.671 5,408.55 7,815,000.00 18.099 8,674.85 TIC All-In TIC Arbitrage Yield Par Value 7,815,000.00 7,815,000.00 7,815,000.00 + Accrued Interest + Premium (Discount) 88,018.50 88,018.50 88,018.50 - Underwriter's Discount -46,890.00 -46,890.00 - Cost of Issuance Expense -66,600.00 - Other Amounts -37,900.12 -37,900.12 Target Value 7,856,128.50 7,751,628.38 7,865,118.38 Target Date 07/27/2013 07/27/2013 07/27/2013 Yield 4.752904% 4.871090% 4.742850% Prepared by Piper Jaffray & Co. Page 4 BOND DEBT SERVICE Upper Eagle Regional Water Authority Traer Creek Tank Project Financing ($500K Scenario) Preliminary Rates as of July 8th, 2013 Dated Date 07/27/2013 Delivery Date 07/27/2013 Period Ending Principal Coupon Interest Debt Service 12/01/2013 125,000 3.000% 123,646.94 248,646.94 12/01/2014 140,000 3.000% 355,225.00 495,225.00 12/01/2015 145,000 3.000% 351,025.00 496,025.00 12/01/2016 150,000 3.000% 346,675.00 496,675.00 12/01/2017 155,000 4.000% 342,175.00 497,175.00 12/01/2018 160,000 4.000% 335,975.00 495,975.00 12/01/2019 170,000 4.000% 329,575.00 499,575.00 12/01/2020 175,000 4.000% 322,775.00 497,775.00 12/01/2021 180,000 4.000% 315,775.00 495,775.00 12/01/2022 190,000 4.000% 308,575.00 498,575.00 12/01/2023 195,000 4.000% 300,975.00 495,975.00 12/01/2024 205,000 4.250% 293,175.00 498,175.00 12/01/2025 215,000 4.250% 284,462.50 499,462.50 12/01/2026 220,000 4.250% 275,325.00 495,325.00 12/01/2027 230,000 4.250% 265,975.00 495,975.00 12/01/2028 240,000 4.250% 256,200.00 496,200.00 12/01/2029 250,000 5.000% 246,000.00 496,000.00 12/01/2030 265,000 5.000% 233,500.00 498,500.00 12/01/2031 275,000 5.000% 220,250.00 495,250.00 12/01/2032 290,000 5.000% 206,500.00 496,500.00 12/01/2033 305,000 5.000% 192,000.00 497,000.00 12/01/2034 320,000 5.000% 176,750.00 496,750.00 12/01/2035 335,000 5.000% 160,750.00 495,750.00 12/01/2036 355,000 5.000% 144,000.00 499,000.00 12/01/2037 370,000 5.000% 126,250.00 496,250.00 12/01/2038 390,000 5.000% 107,750.00 497,750.00 12/01/2039 410,000 5.000% 88,250.00 498,250.00 12/01/2040 430,000 5.000% 67,750.00 497,750.00 12/01/2041 450,000 5.000% 46,250.00 496,250.00 12/01/2042 475,000 5.000% 23,750.00 498,750.00 7,815,000 6,847,284.44 14,662,284.44 Prepared by Piper Jaffray & Co. Page 5 DISTRICT COURT, EAGLE COUNTY, COLORADO 885 Chambers Avenue, Post Office Box 597 Eagle, Colorado 81631 (970) 328-6373 Ÿ COURT USE ONLY Ÿ Plaintiff: TOWN OF AVON, a Colorado home rule municipality v. Defendant: TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado Case No. 2008CV385 Division 3 Plaintiffs: TRAER CREEK LLC, a Colorado limited liability company; TRAER CREEK-RP LLC, a Colorado limited liability company; TRAER CREEK PLAZA LLC, a Colorado limited liability company; EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company; TRAER CREEK-HD LLC, a Colorado limited liability company; and TRAER CREEK-WMT LLC, a Colorado limited liability company v. Defendant: TOWN OF AVON, a Colorado home rule municipality Case No. 2010CV316 (Consolidated into Case No. 2008CV385) Intervenor-Defendant: BNP PARIBAS, a foreign corporation Additional Party: EAGLE COUNTY Attorneys for Intervenor-Defendant BNP Paribas: Brandee L. Caswell, #30706 Amber L. Abbuhl, #36601 FAEGRE BAKER DANIELS LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203-4532 Phone Number: (303) 607-3500 Fax Number: (303) 607-3600 Email:brandee.caswell@FaegreBD.com amber.abbuhl@FaegreBD.com BNP PARIBAS’S JULY 11, 2013 STATUS REPORT 2 BNP Paribas (“BNP”), through its undersigned counsel, submits the following status report in advance of the July 12, 2013 status conference: 1.The parties were close to fully implementing the Settlement Term Sheet (“STS”) in June 2013. However, two difficult issues arose and remain unresolved: (A) the IRS publicly released a Technical Advice Memorandum (“TAM”) under which TCMD cannot re-issue its currently outstanding $46 million in bonded indebtedness as tax exempt because the requisite legal tax opinions cannot be provided by Kutak Rock in light of the TAM; and (B) the water tank project now appears to be $2.4 million over budget ($1.4 million in costs to remove excavated soil from the tank site excavation and road cut and another $1 million from recent fluctuations in interest rates). 2.This status report will attempt to focus on what has occurred to address these two difficult problems thus far, and what might be done in the time remaining to completely implement the STS. A.TAM impact on TCMD/VMD Bond Re-issue 3.During the last status conference, counsel for BNP reported that a taxable bond issue by TCMD looked to be the only practical method of dealing with the TAM in a timeframe allowing for full settlement implementation. Notwithstanding, the parties continue to work toward a tax exempt bond re-issue by the Village Metropolitan District (“VMD”). The outstanding issues to resolve in moving forward with a VMD bond re-issue are as follows: a.First, both VMD and TCMD have pledged all of their respective revenues to repayment of the bonds secured by a BNP letter of credit; thus both metropolitan districts are financially bound to BNP. In order for the parties to proceed with a tax exempt bond issue by VMD, only VMD can pledge revenue to repayment of the bonds; TCMD cannot pledge any revenue to repayment of the bonds without jeopardizing the tax exemption. Effectively, this means that BNP will receive a financial pledge from only one special district and not the other. BNP cannot obtain a pledge of property taxes from TCMD, (as a change which requires additional credit approval) and BNP will have to address risks created by the elimination of TCMD as a pledging party via several other contractual commitments from TCMD and the Developer entities. b.Second, as the control district, TCMD currently receives all property taxes, credit PIF revenue, and water tap fees generated by the project. All such revenues must be re-directed to VMD since VMD is the only district which can pledge revenue to the bonds and BNP while maintaining the tax 3 exemption. Further, neither the developer nor TCMD can perpetuate control over VMD without jeopardizing the tax exemption. 4.Achieving these two key changes is inherently challenging because it requires that all revenue which could be generated by either district (with the exception of TCMD property taxes) be re-directed to VMD, a district which can no longer be controlled by the Developer. This creates understandable concerns for the Developer and it is the reason that BNP has been seeking a clear written request from the Districts and the Developer agreeing that this is the structure they are willing to accept in return for the interest savings to be realized by a tax-exempt bond re-issue. 5.The Districts and Developer submitted a written request for credit approval of a tax exempt bond issue by VMD on July 9, 2013 (attached as Exhibit A). While helpful in some respects, this written request does not contain the commitments from the Developer sought by BNP and it remains BNP’s concern that, ultimately, the Developer will not consent to the documentation required to address the two issues identified above. 6.The two primary documents governing the revenue flows and control issues are being revised this week and the parties hope to reach a final consensus as to whether a tax exempt bond issue by VMD is viable. If not, the parties can revert to a taxable bond issue with less difficulty and expense. Accordingly, there is an alternative solution to the issues created by the TAM. 7.As to the issue regarding the term of the bonds (and Avon’s objection to extending amortization past 2028) Section 1(a)(ii) of the STS clearly allows extension beyond 2028 to 2030 as follows: “BNP will cause a replacement letter of credit to be issued to allow for an extension of the maturity of the District’s debt from 2025 to 2028 (with flexibility to increase to 2030 at BNP discretion).” A new proposed amortization schedule is attached hereto as Exhibit B, extending maturity to 2030 for which BNP intends to seek credit approval in the context of either a taxable or tax exempt bond reissue. The cash sweep mechanism in the STS and bond documents (which sweeps all cash reserves in excess of a specified amount to pay down principal annually) provides protection from increased expenses related to this maturity extension. B. Water Tank Project Fund and Soil Storage 8.It is the understanding of undersigned counsel that excavated soil generated by development which has occurred thus far in the project (construction of Traer Creek Plaza, Home Depot and Wal-Mart) has been stored on various developer-owned parcels. Indeed, Mr. Jorgenson reported, and Mr. Leary confirmed, that some of that excess soil is currently stockpiled on the water tank site, a factor that contributes to the volume of excess soil to be excavated during construction of the access road and water tank. Further, there is an agreement in place between the Developer and TCMD under which TCMD has the legal 4 responsibility to pay for removal of existing dirt stockpiles if the dirt cannot be used in connection with future development. 9.Undersigned counsel suggested to the Developer and TCMD that they should allow the storage of excess soil on adjacent developer property under the same contractual arrangement which governs existing stockpiles. Unfortunately, this proposed solution has not been pursued by TCMD or the Developer. Instead, they opted to begin re-designing the road to the tank site in hopes of reducing project costs. Undersigned counsel notified the Developer and the District that any project savings achieved by a road re-design could easily be devoured by interest rate increases. Unfortunately, this is exactly what has occurred. 10.Interest rates have risen as a result of certain activity in the municipal bond market (see July 10, 2013 Wall Street Journal Article, attached as Exhibit C). It is unknown when the road re-design and related details will be finished and whether the savings that might be achieved in re-designing the road will cover the now larger gap in the project costs versus the amount of the project fund. 11.The timing of completing the road re-design (and the amount of cost savings to be achieved thereby) combined with interest rate fluctuations will determine whether or not the tank bonds and project can proceed, as there do not appear to be any sources of additional funds to bridge a remaining financial gap between the tank bids and the project fund. Thus, this issue is of much greater concern in the analysis of whether the STS can be implemented. There is currently no alternative solution known to BNP. 12.As has been communicated to all parties, it is BNP’s position that they effectively have until September 1, 2013, to resolve and complete documentation of all outstanding issues with respect to both issues discussed above. There is currently no schedule in place to meet that September 1 deadline, therefore putting that schedule in place and obtaining commitments from all parties to carry it out is imperative. Respectfully submitted this 11th day of July, 2013. FAEGRE BAKER DANIELS LLP Original signature on file with Faegre Baker Daniels LLP By:/s/ Brandee L. Caswell Brandee L. Caswell, #30706 ATTORNEYS FOR INTERVENOR- DEFENDANT BNP PARIBAS 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 11th day of July, 2013, a true and correct copy of the foregoing BNP PARIBAS’S JULY 11, 2013 STATUS REPORT was electronically filed and served via ICCES, unless otherwise noted, on the following: Dean C. Heizer Cynthia A. Coleman Eric R. Jaworski Heizer Paul Grueskin LLP 2401 15th Street, Suite 300 Denver, CO 80202 Attorneys for Town of Avon Steven J. Dawes Sophia H. Tsai Light Kelly & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, CO 80202 Attorneys for Town of Avon (via email only) Eric J. Heil (ericheillaw@gmail.com) Heil Law & Planning, LLC 2696 South Colorado Boulevard, Suite 550 Denver, CO 80222 Attorneys for Town of Avon Ben M. Ochoa Jaclyn Casey Rothgerber, Johnson & Lyons, LLP 1200 17th Street, Suite 3000 Denver, CO 80202 Attorneys for Traer Creek Metropolitan District Frances A. Koncilja Koncilja & Associates, P.C. 800 18th Street, Suite 300 Denver, CO 80202 Attorneys for Traer Creek Plaintiffs (via U.S.mail only) Bryan R. Treu Post Office Box 850 Eagle, CO 81631-0850 Attorneys for Eagle County (via ICCES and email) David Thatcher -dthatcher@swlaw.com (via email only) Eric Jorgenson –ejorgenson@cccfirm.com /s/Jayne Wills Jayne Wills, Legal Assistant In accordance with C.R.C.P. 121, § 1-26(9), a printed copy of this document with original signatures is being maintained as stated above and will be made available for inspection by other parties or the Court upon request. dms.us.52397815.02 EXHIBIT A (without exhibits thereto) EXHIBIT B Term Approved Proposed Amortization Schedule 2002 Indenture 2013 - $1,000 2014 - $1,500 2015 - $1,500 2016 - $1,500 2017 - $1,500 2018 - $1,750 2019 - $1,750 2020 - $1,750 2021 - $2,000 2022 – $2,250 2023 - $2,500 2024 - $2,750 2025 - $3,000 2026 - $1,640 2004 Indenture 2022 - $0 2023 - $0 2024 - $0 2025 - $0 2026 – $2,360 2027 – $4,000 2028 - $9,970 2002 Indenture 2013 - $1,000 2014 - $1,500 2015 - $1,500 2016 - $1,500 2017 - $1,500 2018 - $1,750 2019 - $1,750 2020 - $1,750 2021 - $2,000 2022 – $2,250 2023 - $2,500 2024 - $2,750 2025 - $3,000 2026 - $1,640 2004 Indenture 2022 - $0 2023 - $0 2024 - $0 2025 - $0 2026 – $1,360 2027 – $3,500 2028 - $3,720 2029 – $3,750 2030 - $4,000 EXHIBIT C 1 Wills, Jayne M. From:DoNotReply@judicial.state.co.us Sent:Thursday, July 11, 2013 11:00 AM To:Wills, Jayne M.; Caswell, Brandee L. Subject:ICCES Filing Submission Receipt, Filing ID: 72D781E05C16F Court: Eagle County Case Caption: Town Of Avon Colorado et al v. Traer Creek Metropolitan District et al Case Number: 2008CV000385 Filing ID: 72D781E05C16F Date Filed: July 11, 2013 at 11:00 AM E-File Fee: $6.00 Service Fees: $7.50 Billing Reference: 485465.393559 06105 BLC Document ID: 2E3DDBDD37F74 Document Type: Report Document Title: BNP Paribas's July 11, 2013 Status Report Document ID: C9A7B8C999CFC Document Type: Exhibits Filed Document Title: Exhibit A Document ID: A4ACF87482D4A Document Type: Exhibits Filed Document Title: Exhibit B Document ID: 6C6E9F0B64C51 Document Type: Exhibits Filed Document Title: Exhibit C To view your document(s), go to https://www.jbits.courts.state.co.us/icces/web/filingInformation/filingInfo.htm?fid=72D781E05C16F. For specific questions related to your case, please contact the court. Need assistance with ICCES? Contact ICCES Customer Support Center by phone at 1-855-CO-ICCES, or by e- mail at iccessupport@judicial.state.co.us. 2004284479_1 DISTRICTCOURT,EAGLECOUNTY,COLORADO 885ChambersAvenue,P.O.Box597 Eagle,CO81631 CourtTelephone:(970)328-6373 ▲ COURT USE ONLY ▲ Plaintiff:TOWNOFAVON,COLORADO,aColoradohome rulemunicipality, v. Defendant:TRAERCREEKMETROPOLITANDISTRICT,a quasi-municipalcorporationandpoliticalsubdivisionoftheState ofColorado. CaseNo.:2008CV385 Div.:3 Plaintiffs:TRAERCREEKLLC,aColoradolimitedliability company;TRAERCREEK-RPLLC,aColoradolimitedliability company;TRAERCREEKPLAZALLC,aColoradolimited liabilitycompany;EMDLIMITEDLIABILITYCOMPANY,a Coloradolimitedliabilitycompany;TRAERCREEK-HDLLC,a Coloradolimitedliabilitycompany;andTRAERCREEK-WMT LLC,aColoradolimitedliabilitycompany v. Defendant:TOWNOFAVON,COLORADOaColoradohome rulemunicipality,TOWNCOUNCILOFTHETOWNOF AVON,andINDIVIDUALMEMBERSOFTHETOWN COUNCILOFTHETOWNOFAVON–RONALDC.WOLFE, DAVIDDANTAS,KRISTIFERRARO,AMYPHILLIPS,BUZ REYNOLDS,BRIANSIPES,andRICHARDCARROLL,in theirofficialcapacities. CaseNo.2010CV316 CONSOLIDATEDINTO CaseNo.2008CV385 Intervenor-Defendant:BNPPARIBAS,aforeigncorporation. AdditionalParty:EagleCounty,Colorado. AttorneysforDefendantTraerCreekMetropolitanDistrict: BenM.Ochoa,Esq.,No.16993 JaclynK.Casey,Esq.,No.36768 ROTHGERBERJOHNSON&LYONSLLP OneTaborCenter,Suite3000 120017thStreet Denver,CO80202-5855 Tel:(303)623-9000 Fax:(303)623-9222 e-mail:bochoa@rothgerber.com jcasey@rothgerber.com TRAERCREEKMETROPOLITANDISTRICT'SSTATUSREPORT 2004284479_1 2 TraerCreekMetropolitanDistrict(“TCMD”),thoughitsundersignedcounsel,submits thefollowingreportinadvanceoftheJuly11,2013,statusconferenceand,specificallyto respondtocertainstatementscontainedinthestatusreportfiledtodaybyBNPParibas(“BNP”): A.TAMImpactonTCMD/VMDBondResissue 1.Whenthepartiesinitiallybecameawareofthecomplicationspresentedbythe TechnicalAdviceMemorandum(the“TAM”)foratax-exemptbondissuebyTCMD,TCMD proposedataxableissuebyTCMDtoaccommodatesettlementasastop-gapmeasurethatwould providemoretimeforthepartiestoworkthroughasubsequenttax-exemptissuebyTheVillage MetropolitanDistrict(“VMD”).CounselforBNPandtheTownofAvon(the“Town”)rejected theproposalbecauseofthepotentialincreaseinbondrepaymentcostsifre-issuanceofthebonds byVMDonatax-exemptbasislaterprovedunfeasible. 2.Accordingly,TCMDandVMDtogetherwithotherpartieswereworking diligentlytoreviseallnecessarydocumentstoenableissuanceofbondsbyVMDandwere surprisedwhenBNP,duringthelaststatusconference,assertedthatataxableissuancebyTCMD isnowBNP’spreferredalternative.TheoutstandingissuesidentifiedbyBNPinthestatusreport filedtodayregardingthepledgeofrevenuesandDistrictcontrolconcernswereknowntothe partiesandamongtheissuestheyweremakinggoodfaitheffortstoresolve.However,valuable timewaslostasallpartieshadtore-evaluatewhether,asBNPhadproposed,tochangecourse. Forthatreason,workonthesubstantivedocumentscametoagrindinghaltasitdidnotmake sensetocontinuedocumentdraftingworkuntilaconsensusonwhichDistrictwouldissuethe bondshadbeenreached. 3.Althoughwedonotwanttodiminishthechallengesofresolvingtheseissues, TCMDbelievesthattheyarenotinsurmountableandhasnoreasontobelievetheycannot resolved.Accordingly,togetherwiththeDeveloper,theDistrictssubmittedtoBNPawritten requestforcreditapprovalofatax-exemptbondissuebyVMDonJuly9,2013,acopyofwhich wasattachedtoBNP’sstatusreport. (a)Regardingthepledgeofrevenues,theDistrictshaveagreedthat repaymentofthebondssecuredbyBNP’sletterofcreditwouldreceiveasenior pledgeofallrevenuesavailabletotheDistrictsand,subjecttoseeingrevised bonddocuments,tentativelymadeadditionalconcessionsatBNP’srequestto otherprovisionsdesignedtoassurethatallpropertytaxesandfeescanbepledged tothebonds.TheSettlementTermSheet(“STS”)doesnotrequiremore.BNP hasassumeddocumentcontroloftheFeeAssignmentAgreements,whichwill memorializethispledgeand,assumingthedocumentisconsistentwithwhatwe thoughthadbeenagreedupon,shouldnotpresentanobstacletoissuanceby VMD. 2004284479_1 3 (b)TCMDalsoacknowledgesthatthecurrentunderstandingoftheTAMis thatTCMDcannotcontrolVMD.Theintergovernmentalagreementbetweenthe Districtsisbeingrevisedconsistentwiththisunderstanding. 4.TCMDconcurswithBNP’sinterpretationoftheSTSregardingtheoptionto extendtherepaymenttermforthebondsto2030toaccommodateataxableissuancebyTCMD. B.WaterTankProjectFundandSoilStorage 5.TCMDhasnolegalobligationtoanypartytostoreorremoveexcesssoilfrom thetankprojectsiteorwhichmaybeproducedbyconstructionofthetankproject.The agreementbetweenTCMDandtheDeveloperaddressesonlythedirtthatTCMDstockpiledon Developer’spropertywithrespecttoconstructionofexistingpublicimprovements. 6.Ascurrentlydesignedandwithcurrentinterestrates,thetankprojectcannotbe constructedandfinancedwithinthebudgetedamountof$500,000peryear,period. Accordingly,TCMD’sproposedre-designoftheaccessroadwasundertakenatTCMD’s expensetoachievecost-savingsthatcouldbringtheprojectwithinbudget.Attachedas Exhibit A isletterfromtheDistrictstotheUpperEagleRegionalWaterAuthority(the“Authority”) regardingthismatter. 7.Additionally,TCMD’sdecisiontoproceedwithre-designoftheaccessroadwas madeafteritwasapparentthatreissuanceofTCMD’sbondshadbeendelayedtoprovidethe partiesmoretimetodeterminewhethertoproceedwithatax-exemptortaxableissueandonly afterconfirmingthatTCMD’sengineercouldcompletedesignandengineeringworkbyJuly24, whichwillgivetheAuthoritysufficienttimetorenegotiateorre-bidthetankproject,as necessary,andtoissueitsbondsconcurrentlywiththeDistrictbonds,nowanticipatedtooccur onOctober1,2013. 8.ForBNPandtheAuthoritytocontinueinsistthatTCMDobligateitselftopay costoverrunsestimatedat$1.2millioniscontrarytotermsoftheSTSandsomewhatabsurd sincethepartiesallknowthattheamountofrevenueavailabletoTCMDduringthetermofthe DevelopmentAgreementislimitedtotheBaseO&MAmount(asdefinedtherein)–particularly ifboththecostoverrunanddirtremovalproblemscanberesolvedbyre-designingtheaccess road. 9.TCMDacknowledgesthatbondmarketinterestratesareoutsideanyofthe parties’controlandmayultimatelybethefactorthatrendersconstructionofthetankprojectand, therefore,settlementofthelitigationimpossible.However,tankprojectcostsaresubjectto possibleadjustmentandTCMDisunclearwhyotherpartiesareobjectingtoitseffortstoexplore alternativesforreducingprojectcosts.Itisalsonotedthat,shouldtheaccessroadre-designnot provefeasible,theoriginaldesigncouldbeutilized. 2004284479_1 4 Respectfullysubmittedthis11th dayofJuly,2013. ROTHGERBERJOHNSON&LYONSLLP s/BenM.Ochoa BenM.Ochoa,Esq.#16993 JaclynK.Casey,Esq.#36768 OneTaborCenter 1200SeventeenthStreet,Suite3000 Denver,Colorado80202 Tel:(303)623-9000 AttorneysforDefendant TraerCreekMetropolitanDistrict 2004284479_1 5 CERTIFICATEOFSERVICE Iherebycertifythatonthe11thdayofJuly,2013,atrueandcorrectcopyofthe foregoing TRAERCREEKMETROPOLITANDISTRICT'SSTATUSREPORT was servedelectronicallyviaICCESuponthefollowing: DeanC.Heizer KevinC.Paul CynthiaA.Coleman HeizerPaulLLP 240115thStreet,Suite300 Denver,CO80202 dheizer@hpfirm.com AttorneysforTownofAvon StevenJ.Dawes SophiaTsai LIGHT,KELLY&DAWES,P.C. 1512LarimerStreet,Suite300 Denver,Colorado80202 sdawes@lkdpc.com;stsai@lkdpc.com AttorneysforTownofAvon EricJ.Heil,Esq. HeilLaw&Planning,LLC 2696S.ColoradoBlvd.,Suite550 Denver,CO80202 E-mail:ericheillaw@gmail.com TownAttorneyfortheTownofAvon FrancesA.Koncilja Koncilja&Associates,P.C. 800-18thStreet,Suite300 Denver,CO80202 mail@koncilja.com AttorneysfortheTraerCreekParties BrandeeL.Caswell JosephC.Daniels FAEGRE&BENSONLLP 3200WellsFargoCenter 1700LincolnStreet Denver,Colorado80203-4532 E-mail:bcaswell@faegre.com , jdaniels@faegre.com AttorneysforBNPParibas BryanR.Treu PostOfficeBox850 Eagle,CO81631-0850 AttorneysforEagleCounty CoreyHoffman Hayes,Phillips,Hoffmann&Carberry,P.C. 153016thStreet,Suite300 Denver,CO80202 AttorneysforIndividualMembersofthe TownCouncil JamesP.Collins CollinsCockrel&Cole 390UnionBoulevard,Suite400 Denver,Colorado80228-1556 Email:jcollins@CCCFIRM.COM AttorneysforUpperEagleRegionalWater Authority Adulysignedoriginalisonfileatthe OfficesofRothgerberJohnson&LyonsLLP s/SallyKimmett TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: July 8, 2013 Re: Council August 13th Retreat Town Council set August 13th as a retreat date for a 2014 Budget Work Session, including the following topics: • Performance Based Budget Approach & Outcomes • 2013/14 Update & Situational Analysis • Review & updating of 2013/14 Strategic Plan • Revenues • Fund Balances & Contingencies Council may also want to consider other topics for the session, such as: • Assessment and Critique of the past six months – accomplishments, concerns, relationships • Communication – Council to Council, Council to Manager, Council to Staff, Manager to Council, Staff to Council A Walking Mountains Science Center lower level meeting room called the Meadow Learning Studio has been reserved and Consultant Greg Morrison is available for facilitation. The estimated cost for half day facilitation services is $1000 to include pre-meeting with Mayor and Town Manager to understand agenda, meeting half day, and written report of meeting outcomes. Council should decide what time to begin on August 13th. It is a regular meeting date, with business scheduled to begin at the usual time of 5:00 p.m.