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TC Council Packet 11-26-2013 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 26, 2013 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:15 PM REGULAR MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 11 26 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. ______________________________________________________________________________________________________________ AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:15 PM (SEE SEPARATE AGENDA PAGE 4) REGULAR MEETING BEGINS AT 5:30 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. Action on Funding A Special Event Concept Development Program as Proposed by Highline, an Event Producer in Eagle Valley, for three (3) 2014 Events in Nottingham Park – Chris Dolan (Special Events Supervisor Danita Dempsey) 4.2. Action on a Marketing Service Agreement to retain Origin Design & Communications Ltd, a British Columbia Corporation, for the development of Town of Avon Brand (Mayor Pro Tem Todd Goulding) 4.3. Action on MUNIRevs Subscription Agreement (Finance Director Scott Wright) 4.4. PUBLIC HEARING – 2013 and 2014 Final Budget Resolutions – All Funds (Finance Director Scott Wright) 4.4.1. Resolution No. 13-32, Series of 2013, Resolution to Amend the 2013 Town of Avon Budget 4.4.2. Resolution No. 13-33, Series of 2013, Resolution to Amend the 2013 Town of Avon Capital Projects Fund Budget 4.4.3. Resolution No. 13-34, Series of 2013, Resolution to Adopt the 2014 Town of Avon Budget 4.4.4. Resolution No. 13-35, Series of 2013, Resolution to Accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2014 Capital Projects Fund Budget 4.5. Resolution No. 13-31, Series of 2013, Resolution Certifying Delinquent Charges for Collection by the Eagle County Treasurer (Finance Director Scott Wright) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 26, 2013 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:15 PM REGULAR MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 11 26 Page 2 4.6. PUBLIC HEARING on First Reading of Ordinance 13-14, Series 2013, Ordinance Amending Titles 7, 8, and 15 of the Avon Municipal Code, including Definitions, Historic Preservation, Development Review Procedures, Mailed Notices, Appeals, Flood Damage Prevention, Wood Fireplaces, and Wildlife Enclosures (Planner II Jared Barnes) 4.7. Consent Agenda 4.7.1. Minutes from November 12, 2013 Meeting (Town Clerk Patty McKenny) 5. WORK SESSION 5.1. Village at Avon Update (Town Attorney Eric Heil) 6. FISCAL YEAR 2013 FINANCIAL REPORT ONLY (BUDGET ANALYST KELLY HUITT) 7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 7.1. WinterWonderGrass Security Planning (Councilor Jake Wolf) 8. COUNCIL COMMENTS 9. MAYOR REPORT AND FUTURE AGENDA ITEMS 10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) 10.1. Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the purpose of discussing personnel matters related to the annual performance review of the Town Manager 11. ADJOURNMENT FUTURE AGENDA ITEMS: December 10th: Public Hearing on 2nd Tier Code Amendments TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 26, 2013 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 11 26 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. RENEWAL OF LIQUOR LICENSES 4.1. Applicant Name: Blackstar LLC d/b/a Food! by Marc Address: 137 Benchmark Road 4w Manager Name: Mark Rouse Type of License: Hotel and Restaurant Liquor License 4.2. Applicant Name: NOVA Entertainment, LLC d/b/a Loaded Joe’s Address: 82 E. Beaver Creek Blvd, Suite 104 Manager Name: Kent Beidel Type of License: Tavern License 4.3. Applicant Name: Fork & Knife, Inc. d/b/a Blue Plate Address: 48 E. Beaver Creek Blvd Manager Name: Adam Roustom Type of License: Hotel & Restaurant Liquor License 5. MINUTES FROM NOVEMBER 12, 2013 6. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 26, 2013 AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 11 26 Page 4 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING COMMISSIONERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF STAFF EXECUTIVE DIRECTOR / SECRETARY: VIRGINIA EGGER ATTORNEY: ERIC HEIL TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL 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 MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING ON BUDGET RESOLUTIONS 4.1. Resolution No. 13-04, Series of 2013, Resolution Amending 2013 URA Budget (Treasurer Scott Wright) 4.2. Resolution No. 13-05, Series of 2013, Resolution Summarizing Expenditures and Revenues and Adopting a Budget for the Avon Urban Renewal Authority for the Calendar Year Beginning on the First Day of January 2014 and Ending on the Last Day of December 2014 (Treasurer Scott Wright) 5. Consent Calendar 5.1. Minutes from November 12, 2013 Meeting (Authority Clerk Patty McKenny) 6. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.11.12 Minutes Page 1 1. CALL TO ORDER AND ROLL CALL Chairman Carroll called the meeting to order at 5 PM. A roll call was taken and Board members present were Dave Dantas, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Chris Evans was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Police Chief Bob Ticer, 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. RENEWAL OF LIQUOR LICENSES 4.1. Applicant Name: Red Mountain Grill Avon LLC d/b/a Red Mountain Grill Avon Address: 240 Chapel Place Unit B123 Manager Name: Steven Kaufman Type of License: Hotel & Restaurant Liquor License Town Clerk Patty McKenny noted that the renewal application was in order. Board member Dantas moved to approve the renewal of the Hotel & Restaurant Liquor License for Red Mountain Grill Avon LLC d/b/a Red Mountain Grill Avon; Board member Goulding seconded the motion and it passed unanimously by those present. (Board members Evans absent). 4.2. Applicant Name: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines Address: 101 Fawcett Road Manager: Pete Cuccia Type of License: Retail Liquor Store License Town Clerk Patty McKenny noted that the renewal application was in order. Board member Wolf moved to approve the renewal of the Retail Liquor License for Avon Properties Leasing, LLC d/b/a Village Warehouse Wines; Board memberReynolds seconded the motion and it passed unanimously by those present. (Board members Evans absent). 4.3. Applicant Name: Suncor Energy Sales, Inc. d/b/a Shell Address: 46 Nottingham Road Manager: Anakut Loya Type of License: 3.2% Beer License (Off Premises) Town Clerk Patty McKenny noted that the renewal application was in order. Board member Dantas moved to approve the renewal of the 3.2% Beer License for Suncor Energy Sales, Inc. d/b/a Shell; Board member Goulding seconded the motion and it passed unanimously by those present. (Board members Evans absent). 5. REPORT OF LIQUOR LICENSE VIOLATION AND RESOLUTION NO. 13-01 RESOLUTION FINDING PROBABLE CAUSE, SETTING HEARING AND ISSUANCE OF NOTICE OF SHOW CAUSE HEARING 5.1. Avon Police Report No. 2013-000758 Applicant Name: Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen Address: 101 Fawcett Road TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.11.12 Minutes Page 2 Manager: Jennifer Brosch; Owner: Yong Hu Yuan Type of License: Hotel & Restaurant Liquor License Chief Ticer presented the Avon Police Report for the violation and summons issued to an employee of Nozawa Sushi & Kitchen for violations to the following regulations:  Avon Municipal Code 9.12.070, sale of alcohol to minors  CRS 12-47-901(5)(c), sale of fermented malt beverage to a person under the age of 21 years The report was reviewed and it was noted the incident occurred during an Avon Police Department compliance check that occur annually with funding by the Eagle River Youth Coalition. Jennifer Brosch, manager of the restaurant was present and acknowledged the incident occurred and that they continue to make every effort to train and ask employees to check identification. Board member Dantas move to approve Resolution No. 13-01, Resolution Finding Probable Cause To Believe That Y&Z Inc. d/b/a Nozawa Sushi & Kitchen Has Violated A Law, Rule Or Regulation With Respect To The Operation Of Its Licensed Premises; Setting A Hearing With Respect Thereto; And Directing The Issuance And Service Of A Notice Of Hearing And Order To Show Cause As To Why The Hotel and Restaurant Liquor License Of Such Licensee Should Not Be Suspended Or Revoked. Board member Fancher seconded the motion and it passed unanimously by those present (Board member Evans absent). The show cause hearing was set for December 10, 2013. 6. MINUTES FROM OCTOBER 22, 2013 Board member Dantas moved to approve minutes from October 22, 2013; Board member Fancher seconded the motion and it passed unanimously by those present. (Board member Evans absent). There being no further business to come before the Board, the meeting adjourned at 5:15 PM. RESPECTFULLY SUBMITTED: ____________________________________ Patty McKenny, Secretary APPROVED: Rich Carroll ______________________________________ Dave Dantas ______________________________________ Chris Evans ______________________________________ Jennie Fancher ______________________________________ Todd Goulding ______________________________________ Albert “Buz” Reynolds ______________________________________ Jake Wolf ______________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 19, 2013 Re: 2014 Proposed and 2013 Revised Budgets Summary: Attached are the final proposed and revised budget resolutions for the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. The Authority’s budget summary is attached as an exhibit to this memorandum and is also included for informational purposes in the Town’s budget summary as a component unit of the Town. Discussion: Previously, the Authority’s Executive Director presented her recommended budget at the Avon budget work session held on October 8th. The following changes have been made to the AURA budget subsequent to the October 8th presentation, due to the finalization of the refinancing: 2013 • Addition of $280,000 to debt service principal. • Decrease debt issuance costs by $13,715. 2014 • Added $25,000 to debt service principal. • Reduced debt service interest by $23,893. • Reduced transfers out by $50,000. These changes result in a final Avon URA surplus of $558,307 in 2013, and a deficit of ($729,021) in 2014. Public Hearing. At the Avon URA meeting held on November 26, 2013 a public hearing was held for members of the public to comment on the proposed 2014 budget.  Page 2 Recommendation: Staff recommends that the Board adopt the resolutions as presented. Exhibits and Attachments: Avon Urban Renewal Authority budget Resolution No. 13-04 Resolution No. 13-05 Section II, Page 1 FUND SUMMARY Original or Final Prev. Amend.Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 REVENUES Taxes 743,212$ 753,921$ 742,412$ 738,187$ Investment Earnings 4,378 5,525 5,525 1,461 Total Operating Revenues 747,590 759,446 747,937 739,648 Other Sources Transfers In - General Fund - - - - Loan Proceeds - - 6,825,000 - TOTAL REVENUES 747,590 759,446 7,572,937 739,648 EXPENDITURES Current: General Government - 950 950 950 Capital Improvements 53,773 358,743 100,000 - Debt Service: Principal 270,000 280,000 6,295,000 305,000 Interest 193,565 195,985 183,777 239,573 Debt Issuance Costs - - 136,285 - Treasurer Fees 28,829 28,000 22,618 22,146 Fiscal Charges 1,000 - 1,000 1,000 Other Uses Transfers Out - Capital Projects Fund - - - 700,000 Transfers Out - Town Center West Mtc. Fund 275,000 275,000 275,000 200,000 TOTAL EXPENDITURES 822,167 1,138,678 7,014,630 1,468,669 NET SOURCE (USE) OF FUNDS (74,577) (379,232) 558,307 (729,021) FUND BALANCES, Beginning of Year 877,095 1,170,387 802,518 1,360,825 FUND BALANCES, End of Year 802,518$ 791,155$ 1,360,825$ 631,804$ FUND BALANCES: Restricted For: Debt Service 552,525$ 552,525$ 628,240$ 628,240$ Capital Improvements 104,970 - 700,000 - Urban Renewal 145,023 238,630 32,585 3,564 TOTAL FUND BALANCES 802,518$ 791,155$ 1,360,825$ 631,804$ AVON URBAN RENEWAL AUTHORITY Summary Avon Urban Renewal Authority Resolution No. 13-04 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 13-04 SERIES OF 2013 A RESOLUTION AMENDING THE 2013 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2013 budget; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2013; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2013 budget to more accurately reflect the revenues and expenditures for 2013; WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2013 budget was open for inspection by the public at a designated place, a public hearing was held on November 26, 2013 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2013: Original or Previously Amended 2013 Budget Current Proposed Amended 2013 Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,170,387 759,446 1,138,678 $ 791,155 $ 802,518 7,572,937 7,014,630 $ 1,360,825 Avon Urban Renewal Authority Resolution No. 13-04 Page 2 of 2 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 26th day of November, 2013. AVON URBAN RENEWAL AUTHORITY ______________________________ Rich Carroll, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Patty McKenny Authority Clerk Avon Urban Renewal Authority Resolution No. 13-05 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 13-05 SERIES OF 2013 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014, AND ENDING ON THE LAST DAY OF DECEMBER, 2014. WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority’s Executive Director/Secretary to prepare and submit a proposed budget for its consideration; WHEREAS, Virginia Egger, Town Manager, has submitted a proposed budget to said governing body on October 8, 2013; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 26, 2013 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are as follows for 2014: 2014 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,360,825 739,648 1,468,669 Ending Fund Balance $ 631,804 Avon Urban Renewal Authority Resolution No. 13-05 Page 2 of 2 Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 26th day of November, 2013. AVON URBAN RENEWAL AUTHORITY ______________________________ Rich Carroll, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Patty McKenny, Authority Clerk TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Carroll called the meeting to order at 5:15 PM. A roll call was taken and Board members present were Dave Dantas, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Chris Evans was absent. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Authority Clerk Patty McKenny, Treasurer Scott Wright, as well as members of the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT Chairman Carroll noted that he currently does business with this bank as his mortgage lending agency. 4. RESOLUTIONS 4.1. Resolution No. 13-03, Series of 2013, Authorizing the Issuance of the Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2013 (Scott Wright, Treasurer, Jonathan Heroux, Piper Jaffrey, Dee Wisor, Sherman and Howard) Kim Crawford, representing Sherman and Howard as bond counsel to the URA in connection with the issuance of the Tax Increment Revenue Bonds, presented the Resolution and spoke about the bond issuance. She noted that the Series 2013 would be a refinance of $6,825,000 at a fixed interest rate of 3.52% for a term of 15 years for the purposes of 1) refinancing the existing variable rates Vectra Bank loan in the principle amount of $6,015,000; 2) provide additional project funds in the amount of $5,980,000 for the Avon Mall Improvements project, and 3) fund a debt service reserve account in the amount of $628,240. After some discussion, Commissioner Dantas moved to approve Resolution No. 13- 03, Series of 2013, Authorizing the Issuance of the Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2013; Commissioner Reynolds seconded the motion and it passed unanimously by those present (Commissioner Evans absent). 5. Consent Calendar 5.1. Minutes from October 22, 2013 Meeting (Authority Clerk Patty McKenny) 5.2. Approval of Engagement Letter with Sherman & Howard as Bond Counsel in connection with the issuance of Tax Increment Revenue Bonds, Series 2013. Commissioner Goulding moved to approve the consent calendar; Commissioner Reynolds seconded the motion and it passed unanimously by those present (Commissioner Evans absent). There being no further business to come before the Authority, the meeting adjourned at 5:25 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Authority Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Danita Dempsey, Special Event Supervisor Virginia Egger, Town Manager Date: November 21, 2013 Re: Proposed Event Concept Development – Highline, Vail Office BACKGROUND The Town Council at its meeting of April 12, 2013, reviewed a Special Events Work Plan, including the 2014 recommendation for the “seeding” of special events, including cultural, recreational, social, and music festivals 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.” Even though the RFQ specifically requested “music” events, it helped in identifying other “cultural” events that support the Special Event objectives listed in Council’s adopted Strategic Plan. As specified in the Special Events Work Plan, Council looks to cultivate a well-rounded special events calendar over the next five years; the calendar will deliver signature cultural, recreational and social opportunities which take place on the same event weekend year after year thus creating a vibrant community and returning base of attendees. HIGHLINE STATEMENT OF WORK FOR EVENT DEVELOPMENT: THREE CONCEPTS For the past couple of months, Councilor Jake Wolf and Town staff have been meeting with Highline to identify events which would be signature in nature, fit well into the schedule of events in Avon and in the Eagle and Vail valleys, and promote retail businesses and lodging in Avon. Highline is a locally based agency specializing in experiential marketing and live event production. Highline has over 15 years experience producing large-scale, live events including Vail’s Snow Daze and Spring Back to Vail, Gourmet on Gore, and Burton U.S. Open. In addition to producing large-scale, live events, Highline works with some of today’s most respective and sought after brands including Red Bull, GoPro, Jeep, Anheuser-Busch and the U.S. Ski & Snowboard Association, hosting events and managing activations on their behalf across the globe. The agency has a strong background in developing and seeding new events and are well connected in the special events industry and very familiar with the town of Avon since it is in their backyard. Highline recently completed the first phase of work for the Town –that of identifying three potential Avon Special Events: Rocky Mountain Ride (motorcycle rally) Flavors of Colorado Celebration of World Music  Page 2 Each event and preferred weekend are described in the Town of Avon 2014 Proposed Large-Scale Event Concepts included at the end of this packet. As new event concepts, each event requires further research, planning and budgeting. The process of vetting these three new event concepts is described in Highline’s prepared Statement of Work, which follows this memo. With the first phase completed, the final two phases are described, with Council having key decision points at the conclusion of each phase. Total cost for the Statement of Work is $11,400. At the end of Phase II, Council will have complete information, including the estimated budget and expected seed money for each event. In addition, an analysis of expected returns on objectives for each event will be prepared. Council can anticipate seeding of any one event to be as high as $150,000+ before receipts from additional sales and accommodations tax. For context, the Town currently expends $116,000 for Salute to the USA, a one-day event on July 3rd. The Town’s Proposed Budget has set a reserve of $225,000 for new Special Event support. Chris Dolan, Highline’s Director of Client Services, will make a presentation at Council’s meeting and answer any questions. He is expected to be joined by Jeff Brausch, Founder/CEO and James Deighan, Partner/SVP Sales, pending their travel schedules. STAFF REVIEW & 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 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, a commitment of $11,400 for the vetting process is money well spent to add special events into Avon’s economy and cultural life. Any one of the proposed events, if proved to be valuable, could be launched next summer. MOTION: If Council wishes to proceed, a motion should be made to approve the execution of the Highline Statement of Work, dated November 15, 2013, by the Town Manager, and to appropriate in a 2014 budget amendment $11,400 from the Special Events Assigned Fund Balance. ATTACHMENTS Highline Statement of Work Town of Avon 2014 Proposed Large-Scale Event Concepts H IGHLINE | WWW.GOHIGHLINE.COM VAIL OFFICE | 12 VAIL RD | VAIL | CO | 81657 | 970.476.6797 DENVER OFFICE | 3900 SOUTH HILLCREST DRIVE | DENVER | CO | 80237 | 303.548.2695 Date: November 15, 2013 To: Virginia Egger From: Chris Dolan CC: Town of Avon: John Curutchet, Danita Dempsey, Jake Wolf Highline: Jeff Brausch, Chris Dolan, John McGuire Subject: 2014 Town of Avon Special Events: Highline Statement of Work BACKGROUND In September of 2013, Highline submitted four (4) initial event concepts to the Town of Avon for review. Based on the town’s feedback on October 21st, the team is recommending that Highline move into Event Development (Phase II) with three of the concepts, where each concept will be detailed out and an initial budget pulled together. The Event Development phase as well as the Final Event Plan (Phase III) will each have associated fees to cover Highline’s hours spent on development. Prior to moving forward into Event Development, Town Council will be asked to select the event(s) concept(s) and approve associated costs. By request of Virginia Egger, Highline will present the three event concepts as well as the associated costs to the Town Council on November 26th. STATEMENT OF WORK The Statement of Work document is the next step in the planning phase for the selected event(s). Upon Town Council’s approval of selected event concept(s) and associated costs, Highline will begin the Event Development in preparation for presentation and approval in January. Upon approval of selected event(s), Highline will move into the final planning phase, Final Event Plan, where Highline will provide a final program budget, production timeline and marketing recommendations for the selected event(s). Successful completion of these events will: • Drive incremental guest visits and overnights lodging revenue during event weekends • Create opportunities for local merchants to benefit from the incremental traffic • Drive incremental tax revenue for the Town of Avon • Drive awareness of the Town of Avon as a destination H IGHLINE | WWW.GOHIGHLINE.COM VAIL OFFICE | 12 VAIL RD | VAIL | CO | 81657 | 970.476.6797 DENVER OFFICE | 3900 SOUTH HILLCREST DRIVE | DENVER | CO | 80237 | 303.548.2695 TOWN OF AVON RECOMMENDED EVENTS TO MOVE INTO PHASE II: (working titles / names – not final) • Rockies Mountain Ride à Memorial Day Weekend, May 23th – May 26th, 2014 • Flavors of Colorado à August 15th – 17th, 2014 • Celebration of World Music & Culture à September 12th and 13th, 2014 TIMING: PROGRAM PLANNING *These are initial proposed dates and are subject to change. • Approved event(s) to move into Phase II: 11/29/2013 • Approval of Scope of Work: 11/29/2013 • Phase II: Event Development o Initial event concept presentation: 1/10/2014 o Formal feedback / approval of selected direction: 1/14/2014 o Second round of event concept presentation (if needed): 1/22/2014 o Formal feedback / approval of selected events: 1/24/2014 • Phase III: Final Event Plan o Presentation of complete programs: One month from approval of Phase II o Formal feedback / approval of full program: TBD PHASE II: EVENT DEVELOPMENT Timing: 6 weeks Fee: $1,800 per event concept • Event(s) Concept Development o Fully develop each of the selected event(s) concepts in detail: § Event name § Event components: o Including but not limited to music / talent / genre recommendation, weekend event activities, partner / sponsor expos, charity tie-in, etc. § Run of show / event schedule § Partnership opportunities & potential partners § Attendee pricing structure: o Ticketed vs. non-ticketed events / activities H IGHLINE | WWW.GOHIGHLINE.COM VAIL OFFICE | 12 VAIL RD | VAIL | CO | 81657 | 970.476.6797 DENVER OFFICE | 3900 SOUTH HILLCREST DRIVE | DENVER | CO | 80237 | 303.548.2695 • Budget o Develop an initial ballpark estimate that captures initial estimated costs for event production including items such as infrastructure, staffing, talent, rentals, etc. • Highline Team Involved o V.P. of Sales o Director of Client Services / Account Director o Director of Events o Associate Producer PHASE III: FINAL EVENT PLAN Timing: 4 weeks Fee: $2,000 per event concept • Final Budgeting o Finalize event(s) budget(s): § Budget will include but not limited to entertainment, on-site staffing, signage, audio / visual, security, rentals, electrical needs, agency management, etc. § Budget will reflect elements such as infrastructure (staging, barriers, etc.) that offset costs of the overall production • Pre-Production Timing / Schedule o Develop a step-by-step detailed pre-production schedule that outlines all key dates and deliverables for all parties involved for event(s). • Event Schedule(s) o Finalize in detail a complete event schedule that includes events, times, locations, etc. • Marketing Plan o Develop a recommendation of fully integrated marketing plan utilizing all media outlets to achieve objectives § Leverage current Town of Avon media outlets (website, social, PR, etc.) as well as current media buys in key markets § Recommend PR and social strategies § Recommend collateral to distribute in key markets promoting the event(s) H IGHLINE | WWW.GOHIGHLINE.COM VAIL OFFICE | 12 VAIL RD | VAIL | CO | 81657 | 970.476.6797 DENVER OFFICE | 3900 SOUTH HILLCREST DRIVE | DENVER | CO | 80237 | 303.548.2695 • Highline Team Involved o V.P. of Sales o Director of Client Services / Account Director o Account Executive o Director of Events o Associate Producer o Project Manager TERMS • Any work above & beyond the scope listed above will be discussed and a fee agreed upon prior to services being rendered • Phase II fees are due within 30 days of completion • Phase III fees are due within 30 days of completion • Deliverable dates are subject to change based on final assignment Signatures ___________________________________________ ________________________________________ Date:__________________ Date:__________________ Virginia Egger James Deighan Town Manager Partner / V. P. of Sales Town of Avon Highline Town of Avon 2014 Proposed Large-Scale Event Concepts Confidential and Proprietary Prepared by: Presented to: November 26, 2013 Town of Avon Overview Statement 2 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. In order to build on the Town’s strengths to become nationally and internationally recognized resort community, the Town is committed to growing a vibrant, diverse economy and community, providing our citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities. Assignment Create events that will aid in the Town of Avon becoming a nationally and internationally recognized year‐round mountain resort community by offering events that expand Avon’s cultural, recreational and educational offerings thereby ensuring sustained economic vitality and a vibrant community experience 3 Benchmarks for Success • Drives awareness by showcasing the town of Avon through marquee events, making it a nationally and internationally recognized year‐ round mountain resort community • Event concepts drive incremental overnight guests • Creates opportunities for local merchants to benefit from incremental event traffic ensuring sustained economic vitality • Provides a strategic recommendation on how the Town of Avon best uses events to maximize investment, while local Avon residents while also increasing the number of a nationally and internationally overnight guests 4 2014 Proposed Large-Scale Live Events 5 Rockies Mountain Ride May 23 – 26, 2014 6 May 23 – 26, 2014: Rockies Mountain Ride For many, spring can’t come soon enough. Motorcycle riders count the days until they can dust off their riding gear, shine their bike and get out on the open road. This Memorial Day Weekend, the Town of Avon welcomes riders from all over as they head to the high-country roads and mountain passes of Colorado. Avon will serve as their hub for the long holiday weekend of exploring while reconnecting with old friends and meeting new friends who share the same passion as well. 7 May 23 – 26, 2014: Rockies Mountain Ride 8 Where: • Nottingham Park o Potentially utilize a secondary location for select activations Admission: • No charge for attending / participating • Potential ticket fee for Saturday and Sunday evening Rally Events • Revenue also generated by F&B on-site Event Component Thought Starters / Ideas: • Military charity tie-in • Motorcycle Safety Month Tie-In • Instructional / informational seminars provided throughout the weekend • Industry expo village from relevant vendors and manufacturers • “Biker Bar” created on-site for weekend venue • Bike skills challenges / contests • Digital video / photo sharing May 23 – 26, 2014: Rockies Mountain Ride Proposed Schedule of Events • Friday 5/23/14 o Welcome Rally at Nottingham Park o Live music and beverage • Saturday 5/24/14 o Bikers rendezvous at Nottingham Park in the am o Three (3) routes will be mapped for riders to select from and three large groups will ride out of town for the day • Routes will be based on terrain, ride time, difficulty, etc. o Evening rally at Nottingham Park featuring music, food and beverage • Local restaurants on-site for cook-off challenge o “Shine & Show” contest under the lights at the the rally • Riders who wish to enter their bikes will showcase them Saturday evening for judging and riders voting for “Rider’s Choice” award – Winner to be announced Sunday at the evening rally 9 May 23 – 26, 2014: Rockies Mountain Ride 10 Proposed Schedule of Events (cont.) • Sunday 5/25/14 o Bikers rendezvous at Nottingham Park in the am o Three (3) routes will be mapped for riders to select from and three large groups will ride out of town for the day • Routes will be based on terrain, ride time, difficulty, etc. o Evening rally at Nottingham Park • Music and beverage • “Shine & Show” awards • Charity Poker Run tournament benefiting a military charity in observance of Memorial Day – Can be potentially hosted at various restaurants / bars • A special Memorial Day feature to observe and remember all who have died in active military service Proposed Schedule of Events (cont.) • Monday (Memorial Day) 5/26/14 o Biker parade through the Town of Avon in observance of Memorial Day o Biker Breakfast at the park o Bikers depart May 23 – 26, 2014: Rockies Mountain Ride 11 Flavors of Colorado August 15th – 17th, 2014 12 August 15th – 17th, 2014: Flavors of Colorado Colorado is home to many creative flavors that people are seeking as part of the “Colorado Proud” trend. These creative artists include culinary chefs, farmers, musicians, craft beer brewers, craft sprit distillers, local and talented artists including both musical and physical art. Flavors of Colorado is an opportunity to celebrate all the great Colorado flavors all in one place, at one time, in the heart of Colorado. 13 Where: • Nottingham Park inside and outside of a large tent structure o Potentially utilize a secondary location for select activations Admission: • Friday evening charity event – High-priced ticket / limited tickets (price TBD) • Saturday & Sunday - One-day or weekend pass (price TBD) Lead Partner Potential: • Food Network or similar national media channel / publication o Provides the credibility as well as a national / international reach through multiple media channels to build awareness around the Town of Avon. • Colorado Department of Agriculture’s “Colorado Proud” program o Provides education and promotes buying and using Colorado-grown and raised agricultural products which in-turn supports Colorado’s economy, local farmers, ranchers, greenhouses, etc. 14 August 15th – 17th, 2014: Flavors of Colorado Friday Evening Charity Event (8/15/14) • All proceeds go to a selected Colorado charity focused on nutrition • X amount of “Chef’s Tables” available for purchase o People per table TBD • Each table will feature a renown Colorado chef, craft brew master, craft distiller, a sommelier and a local farmer who will all co-host the dinner, preparing farm-to-table courses, paired with selected Colorado craft beer, craft spirit and wine. Proposed Event Components for Saturday and Sunday: Culinary • Cooking demos by renown Colorado chefs • Chef & farmer panel discussions • Kids cooking / nutrition education • Local farmer features • Tastings • Potential for a Saturday Farmers Market? 15 August 15th – 17th, 2014: Flavors of Colorado Proposed Event Components for Saturday and Sunday: Music • Daily live acoustic music throughout the weekend • Saturday evening Music / Tasting event • Kid’s music exploration area (learn, play, listen) Proposed Event Components for Saturday and Sunday: Craft • Panel discussions with craft brewers / distillers (craft beer & craft spirit) • Colorado Craft Beer & Craft Spirits tastings & pairings • Craft brew and spirit “Peoples Choice” and “Judges Choice” awards Proposed Event Components for Saturday and Sunday: Art • Panel discussions with artists (canvas, sculpture, metal, etc.) • Art displays • Live art creation • Kid’s Art Corner (learn and create) 16 August 15th – 17th, 2014: Flavors of Colorado 17 World Music Fest September 12th & 13th, 2014 September 12th & 13th, 2014: World Music Fest 18 Music has the indescribable capability to transcend cultural, social, and language boundaries. The World Music Fest is a celebration that gives people the opportunity to experience different cultures through musical performances. In addition to the music, the Global Village of Craft, Culture & Cuisine invites attendees to sample cuisines from all over the world and see the variety of arts and crafts from around the globe. World Music Fest is the perfect opportunity to enjoy amazing music while gaining a deeper understanding of the people and culture in which it comes from. 19 Where: • Nottingham Park inside and outside of a large tent structure o Potentially utilize a secondary location for select activations Hours: • Saturday: 11am – 10PM • Sunday: 11am – 4PM Admission: • One-day pass - $TBD • Weekend pass - $TBD Venue Layout: • Main Stage with 30 – 45min performances each hour • Side stage for smaller 15 – 20 min performances during set change on main stage • Global Village September 12th & 13th, 2014: World Music Fest Event Component Thought Starters / Ideas: • Global Music Lab where attendees can learn about and play instruments from around the globe • Global Village features arts & crafts • Global Kitchen features authentic cuisines from all over the globe • Dragon Boat races on lake • Sunday parade through town • Global Kid’s Zone with music and art activities from around the world • Passport program to encourage attendees to go through various stations / cultures 20 September 12th & 13th, 2014: World Music Fest TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Matt Pielsticker, Senior Planner Date: November 21, 2013 Agenda Topic: Review and Action on Branding and Marketing Services Agreement with Origin Design + Communications in an amount not to exceed $43,500 Summary Attached for Council’s consideration are three branding project elements for the conceptualization of an Avon Brand, Logo Identity and Tagline Development, which total to $43,500, with professional service being provided by Origin Design + Communications (Origin). Town Attorney Heil has recommended the Town and Origin execute the Town’s standard Professional Services Agreement (PSA), which is attached, for the services. Origin had proposed its contract and, at this time, a shift by Origin to the Town’s PSA is underway. Staff is requesting the Council authorize the Town Manager to sign a completed PSA subject to the Town Attorney’s final approval of the PSA, including but not limited to the Town having the option for immediate termination upon written notice. Origin is expected to initiate branding services after the New Year and to be completed in March, 2014. Background The 2013-14 Strategic Plan elevates Economic Development initiatives as a priority in order to be prepared for new development and re-development. Defining and implementing the Town’s “brand” was listed in the 2nd Quarter of 2013, and was reaffirmed in the Work Plan for the 1st Quarter of 2014. In the summer of 2013, Town Staff organized a committee to research other successful economic development programs. Local businesses and stakeholders were engaged, including: Christie Lodge, Columbine Bakery, Westin Riverfront, Vail Leadership Institute, Beaver Creek West, Venture Sports, Walking Mountains, Blue Plate Bistro, Beaver Liquors, and Liberty Ski Company. Staff’s research into other successful economic development programs found that successful programs were managed by one point of contact (i.e. Director of Economic Development). Additionally, the most successful programs enjoy guaranteed funding, and in resort oriented areas a strong ‘brand’ was listed as one of the strongest assets. Branding A brand is a distinctive bundle of attributes, benefits, values and experiences, which people associate with a name or symbol. The brand is intended to differentiate what sets Avon apart from competitors and extol Avon’s unique strengths to target audiences. Town branding refers to all the activities that would be undertaken for the purpose of turning the Town of Avon from a location into a destination. Successful town brands tend to market the history, quality of place, lifestyle, culture, and/or diversity of the community and its economy. The brand objectives include: •Deliver Avon’s message clearly •Confirms Avon’s credibility •Connects Avon’s target prospects emotionally •Motivates the buyer, or guest •Establishes loyalty RFP & Interview Process Following review of the RFP by the Economic Development business group mentioned above, the RFP for Branding development and marketing implementation was issued on August 2, 2013. The Town collected eleven (11) propels before the closing date of September 3, 2013. Proposals were reviewed internally by Councilor Evans and and Mayor Pro Tem Goulding as well as staff from planning, administrative, and parks and recreation departments. After a careful review and consideration was given to proposer’s approach, experience and ability to perform the requested work, the group selected four (4) finalists for interviews. Two separate interview panels were assembled to interview and evaluate the four (4) finalists. The panels were organized as follows: Panel #1 Chair: Todd Goulding, Avon Town Council Kristen Pryor, Director of Marketing, Westin Riverfront Mike Brumbaugh, Venture Sports Jared Barnes, Avon Planner II Danita Dempsey, Avon Special Events & Fitness Coordinator Jennifer Dean, Owner, JD Design Panel #2 Chair: Chris Evans, Avon Town Council Danielle McNair, Senior Sales Manager, Vail BC Resort Properties Phil Struve, Avon Planning and Zoning Commission Markian Feduschak, Executive Director, Walking Mountains Science Center Matt Pielsticker, Avon Senior Planner Virginia Egger, Avon Town Manager On November 11, 2013, the panel interviewed Origin Design + Communications, Ellen Bruss Design, Kurz Strategic Marketing, Inc., and Hill Aevium. The interview panels reconvened after interviews and unanimously selected Origin Design + Communications for recommendation to Town Council. Origin Design was felt to be best firm to develop with the Council and community a most interesting, customized and creative identity for Avon. Examples of successfully listening to their clients, and developing truly ambitious and reflective brands and tags, which distinguished the client, was convincing in the materials provided by Origin Design and in the interview. One business representative on the committee summarized the feeling of the group, “Their (Origin’s) progressiveness will push us a bit to think creatively and get out of our comfort zone.” After the selection, members of Town Staff met with Origin Design + Communications to discuss objectives and next steps, which are presented in the attached materials. Recommendation Authorize the Town Manager to execute the Town of Avon Professional Services Agreement, subject to Town Attorney approval, with the Town having the right to immediate termination of the Agreement upon written notice and in an amount not to exceed $43,500. The Town has estimated the branding to cost $25,000 and appropriated that amount in the 2014 budget. Additional appropriation will be needed, if the Agreement is approved. Attachments Origin Deliverables and Cost Estimates Town of Avon Professional Services Agreement Origin Design + Communications RFP Response Estimate Town of Avon Matt Pielsticker, AICP 1 Lake Street P.O. Box 975 AVON, CO 81620 U.S.A. Date: Delivery Date: Project Name: Project Number: Estimate Name: Estimate Number: Estimate Description: 11/19/2013 11/19/2013 Brand Conceptualization AVON0001 Brand Conceptualization AVON0001001 Rev: 0 To facilitate the development of a brand platform. This first step includes the following items: Phase 1 - Logistics Phase 2 - Research Review Phase 3 - Competitive Analysis Phase 4 - Envisioning Session/Community Meeting Phase 5 - Brand Articulation DELIVERABLE: A brand vision and positioning document outlining the brand story, brand characteristics, brand essence, brand promise and brand positioning, as well as a compilation of the documents outlined in the deliverables of Steps 1–4. The document will act as the brand blueprint for all future marketing and communication efforts. This document will be delivered in the format of a PowerPoint slide deck. Includes up to 1 round of client revisions on the deliverable and travel to the sessions. First invoice (50% of $28,000) to be sent w/o December 2, 2013 and second invoice (50% of $28,000) to be sent w/o February 17, 2014. Invoices will be in USD. Project Description: Professional Services $28,000.00 $28,000.00 Subtotal $28,000.00 Estimate includes up to two rounds of client-initiated changes unless otherwise stated. All preliminary drafts and final artwork remain the property of Origin Design & Communications Ltd. unless otherwise agreed. Origin agrees to archive client files for a period of one year, but cannot be held responsible for loss or damage of electronic documents due to computer or disk error. Invoices are payable upon receipt. Unpaid invoices are subject finance charges. I have read, understand and accept the above estimate. I further agree that this estimate is subject to the terms and conditions outlined here, and payment shall be made according to Origin Design & Communications' terms. Sales Tax $0.00 Total $28,000.00 Approved By 1 1Page:Of Estimate Town of Avon Matt Pielsticker, AICP 1 Lake Street P.O. Box 975 AVON, CO 81620 U.S.A. Date: Delivery Date: Project Name: Project Number: Estimate Name: Estimate Number: Estimate Description: 11/19/2013 11/19/2013 Logo Identity AVON0002 Logo Identity AVON0002001 Rev: 0 To develop and present three creative directions for the identity, each meeting the character and position of the brand. From there, we will apply up to 2 rounds of client revisions to the chosen logo direction. The chosen concept will be developed through to final colour artwork. DELIVERABLE: EPS & JPG. CMYK, RGB, B/W version of approved logo Project Description: Professional Services $12,500.00 $12,500.00 Subtotal $12,500.00 Estimate includes up to two rounds of client-initiated changes unless otherwise stated. All preliminary drafts and final artwork remain the property of Origin Design & Communications Ltd. unless otherwise agreed. Origin agrees to archive client files for a period of one year, but cannot be held responsible for loss or damage of electronic documents due to computer or disk error. Invoices are payable upon receipt. Unpaid invoices are subject finance charges. I have read, understand and accept the above estimate. I further agree that this estimate is subject to the terms and conditions outlined here, and payment shall be made according to Origin Design & Communications' terms. Sales Tax $0.00 Total $12,500.00 Approved By 1 1Page:Of Estimate Town of Avon Matt Pielsticker, AICP 1 Lake Street P.O. Box 975 AVON, CO 81620 U.S.A. Date: Delivery Date: Project Name: Project Number: Estimate Name: Estimate Number: Estimate Description: 11/19/2013 11/19/2013 Tagline Development AVON0003 Tagline Development AVON0003001 Rev: 0 To develop a tagline for the Town of Avon. 3-5 tagline options to be presented to client for selection. DELIVERABLE: A final tagline as approved by client. Includes up to 1 round of client revisions. Estimate based on timeline sync with with logo development project. Project Description: Professional Services $3,000.00 $3,000.00 Subtotal $3,000.00 Estimate includes up to two rounds of client-initiated changes unless otherwise stated. All preliminary drafts and final artwork remain the property of Origin Design & Communications Ltd. unless otherwise agreed. Origin agrees to archive client files for a period of one year, but cannot be held responsible for loss or damage of electronic documents due to computer or disk error. Invoices are payable upon receipt. Unpaid invoices are subject finance charges. I have read, understand and accept the above estimate. I further agree that this estimate is subject to the terms and conditions outlined here, and payment shall be made according to Origin Design & Communications' terms. Sales Tax $0.00 Total $3,000.00 Approved By 1 1Page:Of 2013 FORM: Avon Professional Service Agreement Page 1 of 18 TOWN OF AVON PROFESSIONAL SERVICES AGREEMENT Independent Contractor Fixed Price – Not to Exceed Town Council Approval Project/Services Name: THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between , a ____________ of the State of ____________, whose business address is , , , (“Contractor”) and the Town of Avon, Colorado (“Town”), a Home Rule municipality of the State of Colorado. The Town and the Contractor may be collectively referred to as the “Parties.” RECITALS AND REPRESENTATIONS WHEREAS, the Town desires to have performed certain professional services as described in this Agreement; and WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to perform the services described in this Agreement and within the deadlines provided by the Agreement; and WHEREAS, the Town desires to engage the Contractor to provide the services described in this Agreement subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually agree as follows: 1.0 SERVICES AND CONTRACTOR PERFORMANCE 1.1 Services. As directed by and under the supervision of the Town Manager for the Town of Avon, the Contractor shall provide the Town with the services described in Exhibit A (“Services”). 1.2 Changes to Services. The Town may request a change or changes in the Services. Any changes that are mutually agreed upon between the Town and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Town Council. 1.3 Independent Contractor. The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee or other 2013 FORM: Avon Professional Service Agreement Page 2 of 18 relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors and omissions insurance; or retirement account contributions. 1.4 Standard of Performance. In performing the Services, the Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the Town that the Contractor is, and its employees performing such Services are, properly licensed and/or registered within the State of Colorado for the performance of the Services (if licensure and/or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 1.5 Patent Indemnification. Contractor shall indemnify, defend and hold Town harmless from any and all claims, demands, and causes of action (including reasonable attorneys’ fees and costs of suit) for actual or asserted infringement or actual or asserted appropriation or use by Town of trade secrets, proprietary information, know-how, copyright rights, or patented inventions included in any design or specification furnished by Contractor or arising from the use or sale of materials, equipment, methods, processes, designs and information, furnished by Contractor in connection with the Services. Contractor shall include the foregoing indemnification provision as a term of each agreement utilized by it in the performance of its work which shall extend expressly from the vendor or subcontractor to Town. 1.6 Safety. When and to the extent that Contractor or any of its employees, agents or subcontractors are working under the terms of this Agreement, Contractor will comply, and cause all of its employees, agents and subcontractors to comply, with applicable safety rules and security requirements. 1.7 Qualified Personnel. Contractor will make available all qualified Contractors, drafters, technical and clerical personnel necessary to fulfill its obligations under this Agreement. Prior to commencement of work, Contractor will provide Town with the names of all Contractor personnel and their then current hourly rates, if applicable, whose services are to be employed in performance of the Services. Removal or re-assignment of personnel by Contractor will only be done with prior written approval of Town. 2013 FORM: Avon Professional Service Agreement Page 3 of 18 1.8 Removal of Personnel by Town. Town may, in its discretion, require Contractor to dismiss from performance of the Services any personnel of Contractor or any subcontractor for any reason, effective upon written notice from Town of such dismissal. Town will not be required to pay salary or any other costs associated with dismissed personnel effective upon Contractor’s receipt of notice to dismiss from Town. 1.9 Representations and Warranties. Contractor represents and warrants that the Services will be performed in a manner consistent with other reasonable professionals providing similar services under similar circumstances. Contractor will complete the Services in accordance with the Agreement and applicable United States laws, regulations, ordinances, and codes in existence at the time the Agreement is executed. 1.10 Maintenance of and Access to Records. Contractor will maintain detailed records of all matters relating to the Services during the term of the Agreement and for a period after its cancellation or termination of not less than five (5) years. Town will have the right to copy and audit during regular business hours all records of any kind which in any way relate to the Services, whether created before, during or after the termination of this Agreement. Access to such records will be provided to Town at no cost. 1.11 Disclosure of Adverse Information. Contractor will promptly disclose to Town any and all information which Contractor may learn or which may have a material adverse impact on the Services or the Work Product or Town’s ability to utilize the Work Product in the manner and for the purpose for which the Work Product is intended. 2.0 COMPENSATION 2.1 Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to commence performance of the Services as described in Exhibit subject to the requirements and limitations on compensation as provided by this Section 2.0 and its subsections. A. Time and Materials Contract – Not to Exceed Amount. The Contractor shall perform the Services and shall invoice the Town for work performed based on the rates and/or compensation methodology described in Exhibit . Total compensation (including all reimbursable expenses) shall not exceed Dollars ($ .00). B. Reimbursable Expenses. The following shall be considered “reimbursable expenses” for purposes of this Agreement and may be billed to the Town without administrative mark-up but which must be accounted for by the 2013 FORM: Avon Professional Service Agreement Page 4 of 18 Contractor and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices: • Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the Internal Revenue Service as a deductible business expense) • Printing and Photocopying Related to the Services • Long Distance Telephone Charges Related to the Services • Charges incidental to securing needed information (e.g., charges imposed to obtain recorded documents) • Postage and Delivery Services • Lodging and Meals (only with prior written approval of the Town as to dates and maximum amount) C. Non-reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, fee, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost and shall be borne by the Contractor and shall not be billed or invoiced to the Town and shall not be paid by the Town. D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of compensation or reimbursable expenses shall be subject to the approval of the Town and shall be made only by written amendment of this Agreement executed by both Parties. 2.2 Payment Processing. The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all Contractor time (or other appropriate measure(s) of work effort) and all authorized reimbursable expenses for the Services during the stated period of the invoice. Following receipt of a Contractor’s invoice, the Town shall promptly review the Contractor’s invoice. 2.3 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor time, reimbursable expense, and/or compensation requested by the Contractor described in any invoice and may request additional information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty-five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty 2013 FORM: Avon Professional Service Agreement Page 5 of 18 (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage pre-paid, addressed to the Contractor. 3.0 CONTRACTOR’S GENERAL RESPONSIBILITIES 3.1 The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the Town such information that the Contractor, based on the Contractor’s professional experience, should reasonably expect is available and which would be relevant to the performance of the Services. 3.2 The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the Town concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement. 3.3 The Contractor shall provide all of the Services in a timely and professional manner. 3.4 The Contractor shall promptly comply with any written Town request for the Town or any of its duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of the Town performing an audit, examination, or other review of the Services. 3.5 The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. 3.6 The Contractor shall be responsible at the Contractor’s expense for obtaining, and maintaining in a valid and effective status, all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement. 4.0 TERM AND TERMINATION 4.1 Term. This Agreement shall be effective on the day of at 12:01 a.m., (“Effective Date”) and shall terminate at 11:59 p.m. on December 31, , or on a prior date of completion of the Services or termination as may be permitted by this Agreement; provided, however, that the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the 2013 FORM: Avon Professional Service Agreement Page 6 of 18 Town Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 4.2 Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the Town Council. 4.3 Town Unilateral Termination. This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town’s exercise of the right of unilateral termination as provided by this paragraph: A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and B. All finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town; and C. The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and reimbursable expenses performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Section 4.3(A) above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. 4.4 Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purpose of this Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other 2013 FORM: Avon Professional Service Agreement Page 7 of 18 invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non- performance is provided in accordance with this Section 4.4, nothing in this Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party. 4.5 Unilateral Suspension of Services. The Town may suspend the Contractor’s performance of the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon receipt of such notice of suspension, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); or (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement. 4.6 Reinstatement of Services Following Town’s Unilateral Suspension. The Town may at its discretion direct the Contractor to continue performance of the Services following suspension. If such direction by the Town is made within (30) days of the date of suspension, the Contractor shall recommence performance of the Services in accordance with this Agreement. If such direction to recommence suspended Services is made more than thirty-one (31) days following the date of suspension, the Contractor may elect to: (1) provide written notice to the Town that such suspension is considered a unilateral termination of this Agreement pursuant to Section 4.3; or (2) recommence performance in accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive days, request from the Town an equitable adjustment in compensation or a reasonable re-start fee and, if such request is rejected by the Town, to provide written notice to the Town that such suspension and rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the Parties for any period of time. 4.7 Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0 and its subsections shall be addressed to the person signing this Agreement on behalf of either Town or Contractor at the address shown below or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested. 5.0 INSURANCE 2013 FORM: Avon Professional Service Agreement Page 8 of 18 5.1 Insurance Generally. The Contractor shall obtain and shall continuously maintain during the term of this Agreement insurance of the kind and in the minimum amounts specified in this Section 5.1. The Required Insurance shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contactor shall secure and maintain the following (“Required Insurance”): A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement, both on the work site and off the work site, and such coverage shall include non- ownership and hired cars coverage. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. D. Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for 2013 FORM: Avon Professional Service Agreement Page 9 of 18 one (1) year following completion of all Services under this Agreement. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. 5.2 Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 5.0 and its subsections, insurance shall conform to all of the following: A. For both Contractor Insurance and Required Insurance, all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 5.3 Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 5.4 Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured parties, and other information 2013 FORM: Avon Professional Service Agreement Page 10 of 18 sufficient to demonstrate conformance with this Section 5.0 and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the Project Name as identified on the first page of this Agreement. The Town may request and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 6.0 OWNERSHIP OF DOCUMENTS 6.1 Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, as defined in Section 1, shall be deemed work made for hire and made in the course of Services performed under this Agreement and will be the exclusive property of Town. Town will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Any reuse of the Work Product produced under this Agreement for any purpose not directly related to this Agreement will be at the sole risk of Town. 6.2 Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has enforceable written agreements with all of its personnel and subcontractors to be involved in performing the Services that: A. assign to Contractor ownership of all patents, copyrights and other proprietary rights created in the course of their employment or engagement; and B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no less restrictive than are contained in Section 6, not to use or disclose any proprietary rights or information learned or acquired during the course of such employment or engagement including, without limitation, any Work Product, all Contractor property and any other information pursuant to Section 6. 6.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire, Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership of, the Work Product. 6.4 Town Furnished Information. Title to all materials and all documentation furnished by Town to Contractor will remain in Town. Contractor will deliver to Town and any all Work Product and property, including copies thereof on whatever media rendered, upon the first to occur of: 2013 FORM: Avon Professional Service Agreement Page 11 of 18 A. Town’s written request; or B. completion of the Services under this Agreement; or C. termination of this Agreement. 6.5 The Contractor waives any right to prevent its name from being used in connection with the Services. 7.0 CONFLICT OF INTEREST The Contractor shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for the Contractor with regard to providing the Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any Town official or employee that would place the official or employee in a position of violating the public trust as provided by C.R.S. §24-18-109, as amended, or any Town–adopted Code of Conduct or ethical principles. 8.0 REMEDIES In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the Town may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities or inactions by the Contractor. The remedial actions include: 8.1 Suspend the Contractor’s performance pending necessary corrective action as specified by the Town without the Contractor’s entitlement to an adjustment in any charge, fee, rate, price, cost, or schedule; and/or 8.2 Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or 8.3 Deny payment for those services which have not been satisfactorily performed, and which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the Town; and/or 8.4 Terminate this Agreement in accordance with this Agreement. The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or all of the remedies individually or simultaneously. 2013 FORM: Avon Professional Service Agreement Page 12 of 18 9.0 MISCELLANEOUS PROVISIONS 9.1 No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. 9.2 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town 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. 9.3 Affirmative Action. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9.4 Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns; provided that this Section 9.4 shall not authorize assignment. 9.5 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 Contractor. 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. 9.6 Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or 2013 FORM: Avon Professional Service Agreement Page 13 of 18 obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 9.7 Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Mineral County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 9.8 Survival of Terms and Conditions. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 9.9 Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of the Town Council for Town of Avon. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by resolution or motion of the Town Council for the Town of Avon. No assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. 9.10 Paragraph Captions: The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.11 Integration and Amendment: This Agreement represents the entire and integrated agreement between the Town and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any 2013 FORM: Avon Professional Service Agreement Page 14 of 18 amendments to this must be in writing and be signed by both the Town and the Contractor. 9.12 Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.13 Incorporation of Exhibits: Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 9.14 Employment of or Contracts with Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the Contractor will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. 2013 FORM: Avon Professional Service Agreement Page 15 of 18 9.15 Non-Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits that result from the Town’s declaration that the Contractor is in default of the Agreement, so long as the Town acts in good faith. 9.16 Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees, arising out of the performance of the Services, provided that any such claim, damage, loss or expense is caused by any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a party indemnified hereunder. 9.17 Notices: Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail properly addressed to the intended recipient. If to the Town: If to the Contractor: Virginia Egger, Town Manager Town of Avon P.O. Box 457 1 Lake Street Avon, Colorado 81620 Attention: , With Copy to: Town Attorney P.O. Box 457 1 Lake Street Avon, Colorado 81620 10.0 AUTHORITY The individuals executing this Agreement represent that they are expressly authorized to enter into this Agreement on behalf of Town of Avon and the Contractor and bind their respective entities. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] 2013 FORM: Avon Professional Service Agreement Page 16 of 18 2013 FORM: Avon Professional Service Agreement Page 17 of 18 THIS AGREEMENT is executed and made effective as provided above. TOWN OF AVON, COLORADO By: __________________ Mayor or Mayor Pro Tem ATTEST: ______________________________ Town Clerk CONTRACTOR: By: Name: Position: Exhibit A - Page 1 EXHIBIT A Project/Services Name: Town of Avon, CO. RFP Response: Branding and Marketing Services Agency: Origin Design + Communications Ltd, 201–1002 Lynham Drive, Whistler, BC, V0N1B1 Contact: MJ Legault 514.755.4152 // mj@origindesign.ca Date submitted: 29.08.2013 © Origin 2013-08-27 | 2 EXECUTIVE SUMMARY Origin Design + Communications is a creative, marketing and branding agency. We have a deep understanding of resort and tourism brand development and can bring the brand to life, following our proven process. Our in-depth branding, marketing and creative development expertise in the niche of outdoor sports and destinations make us the perfect fit. Origin is the right agency to work with the Town of Avon on your project to assist the Town with developing its municipal brand and marketing implementation strategies. Some of our branding and creative projects include: •Rocky Mountain Bicycles (bikes.com) •The Newport Renaissance Group (discovernewportvt.com) •Mountain Biking BC (mountainbikingbc.ca) •Tourism Whistler (whistler.com/unfiltered) •Jay Peak Resort (jaypeakresort.com) Our response to your RFP highlights how we plan to meet your objectives by applying our unique understanding of resort/municipal branding along with our proven brand development process. We have included a budget and timeline. In our experience, brand development is a highly collaborate process and having a good fit between the client and the agency is key. We hope to have the opportunity to discuss this fit with you before the RFP is assigned With rigorous attention to detail, our technical, design and account professionals ensure our development process delivers on strategy, on budget and on time. We guarantee our solution will meet your objectives. Origin Design & Communications © Origin 2013-08-26 | 3 NAME AND ADDRESS OF COMPANY Origin Design + Communications 201–1002 Lynham Road, Whistler, BC, V0N 1B1 Tel: 604.932.8482 Fax 604.932-8418 Email: mj@origindesign.ca Montreal office: #603–55 Mont Royal West, Montreal, QC, H2T 2S6 Tel: 514.842.5252 OVERVIEW OF COMPANY Origin Design + Communications is a Whistler- and Montreal-based marketing, creative and branding agency specializing in outdoor sports and destination tourism. We operate as the agency of record for Tourism Whistler, Whistler Blackcomb and Jay Peak Resort. Our client list also includes the Resort Municipality of Whistler, the Mountain Bike Tourism Association (MBTA), The International Mountain Biking Association (IMBA), Tourism Fernie, Tourism Prince George, Sun Valley Resort, Tourism Telluride, Newport City Renaissance Group, The North Face and Salomon Canada. We offer strategic marketing, branding and creative services, including full-service web design and development, social media marketing and experiential marketing expertise. Origin was established in 1993, but today we have a team of 18 working in our Whistler and Montreal offices. As a full service agency, we provide each client with a dedicated in-house team of professionals. Our ﬁrm follows a standard small agency resource model. Each client is assigned an Account Manager who acts as the day-to-day contact and liaison with all of the agency’s resources. The agency resources coordinated by the Account Manager include the creative studio headed by a Creative Director and staffed by both a full-time Art Director and an Interactive Director, a team of designers, writers and developers. In recent years, we have successfully developed brand platforms for Tourism Fernie, Newport Renaissance Corporation, Vermont’s Northeast Kingdom, Rocky Mountain Bicycles, the Canadian Ski Council and Wild Mountain Retail. This is an opportunity to further develop and market the town of Avon to grow tourism visits, community engagement and local business. The foundation for this success starts with a solid brand platform, a compelling story and a defined identity. Origin Design & Communications - Organizational Profile © Origin 2013-08-26 | 4 TEAM We plan to execute all the requirements of the RFP with our in-house team. The key Origin personnel that will be assigned to the Town of Avon contract are as follows: DANIELLE KRISTMANSON - PARTNER / CREATIVE DIRECTOR / COPYWRITER As Origin’s founding partner and Creative Director, Danielle Kristmanson boasts a wealth of expertise in mountain sports and tourism marketing. Her work with brands such as Whistler Blackcomb, Tourism Whistler, Intrawest, Sun Valley Resort / Sun Valley Marketing Alliance, Telluride Tourism Board, the Canadian Ski Council, Bike Parks of BC and many others has positioned her as one of the industry’s leading creative strategists and brand development specialists. Kristmanson holds a Bachelor of Applied Science in Communications and Marketing from Simon Fraser University. MARIE JOSÉE (MJ) LEGAULT - PARTNER / STRATEGIC PLANNING DIRECTOR As one of the mountain sport industry’s leading marketing strategists, MJ Legault is the driving force behind numerousCanadian action sport campaigns. Legault holds a degree in Marketing from Concordia University and has worked in ad agencies based in British Columbia, Colorado and Vermont, never straying far from the mountains that inspire her. Legault has worked with brands such as Jay Peak Resort, Salomon, The North Face, Rocky Mountain Bicycles and Intrawest/Playground, to name a few. JANALEE BUDGE - SENIOR ART DIRECTOR Janalee started at Origin in 2003, she, has been instrumental in the visual design and creative leadership of many of Origin’s most successful brand and campaign projects. Janalee has extensive experience in outdoor sports marketing. She worked in the Whistler Blackcomb marketing department for eight years and travelled to international ski resorts for ten years with Verizon Wireless for a photo journalism contract. After her degree in Kinesiology at the University of Victoria, Janalee studied Graphic Design at Emily Carr University of Art and Design. These days her design portfolio includes several major brands in outdoor sports and tourism. Origin Design & Communications - Organizational Profile © Origin 2013-08-26 | 5 GARY MARTIN - SENIOR DESIGNER A visual artist with a passion for both type and photography, Gary has worked on Origin’s print and online design applications since 2008. He brings almost two decades of agency design expertise to his work. He has a foundation in traditional design, but has spent his last several years adding a host of interactive design skills to his quiver. You can see his work in campaigns for all of Origin’s major clients, including Tourism Whistler, Whistler Blackcomb, Tourism Prince George and Mountain Biking BC. RUBY VIRK - RESOURCE DIRECTOR Ruby is responsible for Origin’s account and project managing processes, as well as the resourcing department. She has over 13 years of marketing experience and project managed many major web build and client campaigns; working with Tourism Whistler, The North Face, Whistler Blackcomb, MBT, Tourism Fernie, IMBA, Intrawest Retail Group and the Whistler Chamber of Commerce. Ruby holds a Bachelor of Business Administration with Marketing and Communications from Simon Fraser University. She is due to finish her Executive MBA from SFU in April 2014. HEATHER FORBES - ACCOUNT MANAGER Account Manager Heather Forbes specializes in digital advertising Before her move to Origin, she worked with global, US and Canadian brands including Hewlett-Packard, Mercedes, Shaw, Purolator, Siemens, Aviva Insurance and The Canadian Marketing Association. She holds an Honours Business Administration Degree from Wilfrid Laurier University with a specialization in Brand Communications. Origin Design & Communications © Origin 2013-08-26 | 6 CLIENT TESTIMONIALS "Telling. The. Story. Do you need to have your audience engage and take action? Do you want to make a lasting impression so you are top of mind as a destination? Origin will knock your socks off. They knocked ours off with DiscoverNewportVT.com. They're smart. They make you look smarter than you are. DiscoverNewportVT.com was developed with input from members of our community and our marketing advisors. Now, it is 'the go-to site' for what's happening in Newport, the online destination for stand-out presentation and pure ease of finding the info you're looking for and taking subsequent action. It works. Thank You Origin." Patricia Sears Executive Director, Newport Renaissance trish@kingdomcommons.com “Having worked with Origin as an AOR on two occasions, I can say that they set the bar for strategic thinking and campaign development. Their ability to focus on the logistics of a campaign while at the same time ensuring a strong creative approach is key to their success. Most importantly, they will work to get it right and ensure client satisfaction. The biggest bonus? They "get" mountain resort marketing. It's what they do.” Arlene Schieven CEO, Sun Valley Marketing Alliance, ASchieven@visitsunvalley.com “I’ve worked with Origin Design & Communications over the past 12 years with various mountain sports companies and they are truly knowledgeable and passionate about brands and the sports the work in. Seldom do you have the luxury of working with an agency that truly understands the sports industry. They are brand experts and professionals at putting together a comprehensive envisioning session and document. I would not hesitate in recommending this to many companies seeking their brand expertise.” Francis Argouin Marketing Director, Rocky Mountain Bicycles Origin Design & Communications © Origin 2013-08-26 | 7 REFERENCES The following are clients we have supplied brand development services to in recent years. •Barrett Fisher, CEO Tourism Whistler, 604.938.2704 <bfisher@tourismwhistler.com> (2008 to present) •Patricia Sears, Executive Director Newport City Renaissance Corporation, 802.258.0873 <patricia.sears@discovernewportvt.com> (2010 to present) •Francis Argouin, Marketing Director, Rocky Mountain Bicycles, 418.230.2434 <francis@bikes.com> (2013) •Dave MacDowell, President, Wild Mountain Retail 780.852.5375 <tnface@telus.net> (2013) •Steve Wright, VP Sales, Marketing and Hospitality Jay Peak Resort 802.327.2450 <swright@jaypeakresort.com> (2008 to present) Origin Design & Communications © Origin 2013-08-26 | 8 Origin Design & Communications - Statement of Work and Product The following proposal outlines the steps associated with first developing and executing a brand strategy and then implementing a marketing strategy as a second phase. As you will see, we employ our carefully crafted process that begins by gaining consensus among stakeholders on the brand vision: creating a brand foundation, determining how it will be received by the target audiences and then setting the groundwork for the relationship that will grow between this new brand and its customers. The process is creative, compelling, interactive and collaborative, but most of all it is centred around the spirit of the brand. The goal is to develop a brand that will occupy a position in the front of your audience’s minds, but more importantly, one that will live in their hearts. Our process delivers a strategic document created through the deliverables from each stage of the process it becomes a guide used by the group to consistently articulate the brand story in the future. Step 1 - Brand Conceptualization PHASE 1. LOGISTICS In this phase Origin works with you to: •Outline objectives •Define milestones and establish the schedule •Determine the feedback process •Identify the key decision makers •Outline a strategy aligning key decision makers and stakeholders •Recommend members to be part of the brand development committee Deliverable: A detailed “road map” document which will include the items listed above. This document will be used by Origin and the organization to ensure objectives are achieved and that the timeline is respected as the project progresses. © Origin 2013-08-26 | 9 Origin Design & Communications - Statement of Work and Product PHASE 2. RESEARCH REVIEW Origin requests access to all research, surveys and any relevant studies compiled by the organization regarding the brand, their markets and their audiences. This may include: •Market research •Staff and stakeholder surveys •Review of branding and/or marketing initiatives to date •Review of any previous marketing and advertising materials •List of press releases, clippings, etc. •Site analytics, research, etc. Deliverable: A compilation of available research documents. PHASE 3. COMPETITIVE ANALYSIS By reviewing your brand’s competitive set, Origin will help identify which aspects can be “owned” from a brand perspective, and how to express that creatively. Deliverable: A document containing competitive analysis (positioning & creative examples). © Origin 2013-08-26 | 10 PHASE 4. ENVISIONING SESSION / COMMUNITY MEETINGS To reveal and envision the brand identity and to build consensus for that brand among its stakeholders, Origin will facilitate a one--day envisioning session with representatives from the organization. The first half day will be a discovery session for all interested parties to share their understanding and individual vision of the brand, followed by a consumer, competitive and SWOT analysis. The second half of the day features a series of envisioning exercises that aid in defining the brand, the brand story, the product and the customer. The goal of the envisioning session is to ensure all stakeholders are in agreement and to provide the organization with the solid foundation of the brand platform. We have also planned for a community meeting to allow local businesses, industry leaders and service providers to take part in the brand conceptualization process. The agenda for this session will be further refined, but its objective would be to ensure these important groups are heard and become part of the brand story. In our experience, this phase is important for retaining support from existing businesses and the resident population. Deliverable: A summary document with session feedback, ideas and comments from participants/community. Origin Design & Communications - Statement of Work and Product © Origin 2013-08-26 | 11 PHASE 5. BRAND ARTICULATION Based on the findings of the research, competitive analysis and envisioning sessions and community meetings, Origin will develop a brand platform for the Town of Avon that clearly defines the nature, essence, values, character and defining qualities, it will include: •Brand story •Brand characteristics and descriptive wording (key features and benefits that define the organization and distinct traits that make up the brand) •Brand essence (the brand characteristics boiled down to one, singular defining feature) •Brand promise (a commitment to your customers which allows your products and services to occupy a space in the front of your customers’ minds). •Key messaging that reflects the unique brand personality •Brand voice (conveys how the brand will be expressed in its tone and vocabulary). Deliverable: A brand vision and positioning document outlining the brand characteristics, brand essence, brand promise and brand positioning, as well as a compilation of the documents outlined in the deliverables of Steps 1–4. The document will act as the brand blueprint for all future marketing and communication efforts. It will accelerate the creative and production process by becoming the springboard to design an inspiring identity, marketing materials and advertising that will deliver results. BRAND CONCEPTUALIZATION PHASES 1–5 •Costs: $28,000 •Timeline: 8 to 12 weeks Origin Design & Communications - Statement of Work and Product © Origin 2013-08-26 | 12 Step 2 - Brand Creative Development At this stage, Origin works to develop a brand identity, brand mood boards and graphic standards. LOGO IDENTITY •Origin will develop and present three creative directions for the identity, each meeting the character and position of the brand. From there, we will apply two rounds of revisions to the chosen logo direction. The chosen concept will be developed through to final colour artwork. •Costs: $12,500 •Timeline: 6 weeks CREATIVE TEMPLATES DEVELOPMENT •Origin will provide graphic design templates for the elements listed in the RFP. At this stage, we recommend Origin develops the key templates and that you work with a local provider for the execution and final production of these elements. We will re-evaluate the exact cost upon a more detailed understanding of the needs and deliverables. •Costs: $25,000–$35,000 •Timeline: 8 to 12 weeks GRAPHIC STANDARDS DOCUMENT •Origin will provide a written document that provides guidelines on how to use the brand graphic design elements. The document will include logo guidelines, colour palette, font and image treatments. We will also include select fonts and colours. •Costs: $5,ooo •Timeline: 3 - 5 weeks Origin Design & Communications - Statement of Work and Product © Origin 2013-08-26 | 13 Step 3 - Marketing Implementation Plan Origin works with the Economic Development Committee to understand and articulate business objectives and to deliver a plan that will meet those objectives. MARKETING PLAN •Origin will develop and present a marketing plan which includes a series of tactics that meet the stated objectives. The plan will include the following: •Objectives •Measures of Success •Recommended Strategies and Tactics •Budget allocation •Action / Implementation calendar •Costs: $12,500 •Timeline: 6 weeks Origin Design & Communications - Statement of Work and Product © Origin 2013-08-26 | 14 PRELIMINARY TIMELINE Origin Design & Communications - Statement of Work and Product STEP 1: BRAND CONCEPTUALIZATION •Week 1 - Proposal approval •Week 2 - Logistic document to client and final estimate approval •Week 3–4 - Research review and competitive analysis •Week 5 - Envisioning session •Week 6 - Present brand document to client and client feedback •Week 7 - Present final brand document •Week 8 - Approval by client STEP 2: BRAND CREATIVE DEVELOPMENT LOGO •Week 1 - Estimate and timeline to client and approval •Week 2–3 - Internal development of logo •Week 4 - Present logo to client and client feedback •Week 5 - Present revised logo and client feedback •Week 6 - Present final logo and approval by client TEMPLATES •Week 1 - Estimate and timeline to client and approval •Week 2–5 - Internal development of templates •Week 6 - Present templates to client and client feedback •Week 7 - Present revised templates and client feedback •Week 8- Present final templates and approval by client GRAPHIC STANDARDS •Week 1 - Estimate and timeline to client and approval •Week 3 - Present graphic standards and approval •Week 4 - Revisions •Week 5 - Final approval and delivery MARKETING IMPLEMENTATION PLAN •Week 1 - Kick off meeting and establish objectives •Week 3 - Present draft plan and get feedback •Week 4 - Revisions •Week 5 - Present revised plan including action calendar •Week 6 - Final approval and delivery © Origin 2013-08-26 | 15 BUDGET Based on our process outlined above, we estimate your project as follows: Brand Development (stages 1 to 5) $28,000 Logo Development $12,500 Creative Templates $25,000–$35,000 Graphic Standards $5,000 Marketing Plan $10,000–$15,000 Total: $78,300–$93,300 Our estimate for brand development includes two on-site sessions and one on-site creative development presentation. Excluded: Research, Feasibility Testing and Brand Launch Execution beyond the planning. These costs will be established in advance of commencing work. Origin Design & Communications - List of Service Costs © Origin 2013-08-26 | 16 FEE STRUCTURE / BILLING INFORMATION HOURLY RATE / COST OF SERVICES All services at Origin are at the rate of $130/hour. There are no flat fees and any project is estimated and approved by client before work commences. None of our services are free of charge. FREQUENCY OF BILLING We provide official estimates for all work and always bill to estimate. Our billing milestones will be clearly outlined in our estimates and are 50% upfront and 50% at project completion. For ongoing projects, such as retainers or website maintenance, a monthly invoice will be provided. PROVISIONS FOR PROVIDING ESTIMATES OF FEES FOR EXTRAORDINARY ITEMS As stated above, we will provide an estimate for approval before commencing any scope of work. There are a few items from the RFP that will require additional conversation and clarification before we can issue formal estimates. We imagine that these can be provided within a week (five working days) from the confirmation of the scope of work. EXPECTED BILLING ARRANGEMENTS WITH ANY CONTRACTORS If Origin works with any outside contractors or suppliers to meet the demands of this project, we will be responsible to pay them directly. You will not receive any invoices from outside of Origin for services that are part of this RFP. Origin Design & Communications - List of Service Costs © Origin 2013-08-26 | 17 RATES FOR OTHER COSTS We charge a 15% mark-up on media purchases as well as print production. Travel time is included in our brand pricing as are studio proofs and file transfers. SAMPLE BRANDING SERVICES BILLING All Origin invoices match the estimate that was approved at the outset of the project. As such, the project name, job number, cost approved are never a surprise. PAYMENT TERMS Our payment terms are net 30 days. WORKING VIRTUALLY We work with a number of clients throughout North America and Europe. Tools like Basecamp and GoToMeeting allow us to do this in a seamless way. We also plan for on-site sessions during key project stages and milestones. Origin Design & Communications - List of Service Costs © Origin 2013-08-26 Our work From the quality and craftsmanship of our design, to the thoughtful planning of our strategy development, what we do is born from one characteristic—authenticity. It’s the currency that makes our work most valuable, and you’ll see it on the following pages of creative and case studies. It’s what you get when professional marketers, designers, writers and photographers are also avid mountain bikers, skiers, snowboarders and outdoor hedonists. Welcome to Origin. COME IN © Origin 2012-11-16 Portfolio WONDER REIGNS SUPREME AT WHISTLER BLACKCOMB For Whistler Blackcomb’s 2012.13 ski season campaign, Origin developed a concept focused on the idea of “Wonder. Is it a place or a state of mind?” The campaign invites new customers to explore the best the mountains have to oer through the experiences of their peers which can be tagged, posted and shared on whistlerblackcomb.com/wonder. The Wonder Reels, a series of nine short ﬁlms that supported the Wonder campaign through captivating stories was also produced in partnership with Switchback Entertainment and Sherpas Cinema. © Origin 2012-11-15 Portfolio WONDER REIGNS SUPREME AT WHISTLER BLACKCOMB For Whistler Blackcomb’s 2012.13 ski season campaign, Origin developed a concept focused on the idea of “Wonder. Is it a place or a state of mind?” The campaign invites new customers to explore the best the mountains have to oer through the experiences of their peers which can be tagged, posted and shared on whistlerblackcomb.com/wonder. The Wonder Reels, a series of nine short ﬁlms that supported the Wonder campaign through captivating stories was also produced in partnership with Switchback Entertainment and Sherpas Cinema. © Origin 2012-11-15 Portfolio WHISTLERUNFILTERED. WINTER. THROUGH THE PEOPLE’S LENS Origin created a campaign for Tourism Whistler’s 2012.13 winter season that leveraged Whistler’s positive word-of-mouth image and engaged it’s customers through dialogue and their own content. Instagram — the web’s fastest growing social platform designed for the sharing of photos — was chosen as the foundation for the campaign. A microsite, a video, and an integrated advertising and social media campaign was created and the word quickly spread via Instagram, Facebook and Twitter, and within days a stream of hashtagged content via #WhistlerUnﬁltered presented itself. Then the storytelling began. Visit unfiltered.whistler.com. © Origin 2012-07-25 Portfolio TOURISM WHISTLER . ART OF SUMMER BIKE CAMPAIGN To promote Whistler as the pre-eminent mountain biking destination in the world, Tourism Whistler asked us to developed a series of print and online banner ads that showcase Whistler’s unique mountain biking oering, including the new Top of the World high alpine trail, and promote their interactive trail map as a resource to explore the massive number of trails just waiting to be ridden. Creative copy and high impact visually stunning images helped to get the point across. © Origin 2013-07-12 Portfolio ROCKY MOUNTAIN BICYCLES WEBSITE © Origin 2012-06-21 Portfolio TOURISM WHISTLER . ART OF SUMMER CAMPAIGN Dubbed “The Art of Summer”, the awareness campaign for Tourism Whistler speaks to the breadth of Whistler’s experiences through a set of 16 “rules”. The rules are designed to instil a sense of nostalgia for the perfect summer, when all you did was show up with a swimsuit and a towel, and go with the ﬂow. Print, video and online advertising drive viewers to the campaign’s microsite to ﬁnd out more about the 16 rules for the perfect summer. Visit whistler.com/art-of-summer. © Origin 2012-06-21 Portfolio TOURISM FERNIE BRANDING Our work in creating a community tourism brand for Tourism Fernie was an incredible experience. What started with a three-day community envisioning session culminated in a brand and identity program that presents the town’s Canadian Rocky Mountain personality, its living heritage and its big mountain adventure in a unique and compelling way. © Origin 2012-06-21 Portfolio SALOMON STORE LAUNCH, TOOL KIT, MARKETING MATERIALS, CRM AND INTERACTIVE TOOLS © Origin 2012-11-30 Portfolio SALOMON CROSSMAX DEMO TOUR WEBSITE This website was created to showcase both the product and its cross-country community tour. Featuring a contest entry page and relevant social media feeds, the website aims to engage interested consumers in a meaningful way. Visit salomonflightcrew.com. © Origin 2012-11-30 Portfolio CANADIAN SKI COUNCIL LOGO © Origin 2012-06-21 Portfolio NEWPORT LOGO Origin used a logo, print ad and website to give pizzazz to Newport’s brand. Our campaign caught the eye of the State of Vermont, who gave us the Best Image Campaign. Visit discovernewportvt.com. © Origin 2012-06-21 Portfolio NEWPORT FRESH BY NATURE PORTAL Developed as a portal for the Fresh By Nature program, this website includes an interactive map and links to program participants, including local farms, restaurants and producers of ﬁne food products. Visit discovernewportvt.com/fresh. © Origin 2012-06-21 Portfolio NEWPORT WEBSITE Origin used a logo, print ad and website to give pizzazz to Newport’s brand. Our campaign caught the eye of the State of Vermont, who gave us the Best Image Campaign. Visit discovernewportvt.com. © Origin 2012-11-15 Portfolio JAY PEAK’S RESPONSIVE DESIGN WEBSITE This fall, Origin launched a completely redesigned and developed Jay Peak web site using highly capable interface technology called Responsive Web Design. Responsive web design gives users a single source of content across a range of devices that is easy to read and navigate with minimum resizing, panning and scrolling issues. Sites that need to house and manage a lot of content in one location that require easy navigation from desktop to smartphone have the most to gain using responsive web design. Visit jaypeakresort.com. © Origin 2012-06-21 Portfolio JAY PEAK . WINTE R MAGAZINE An important tool to tell more in-depth stories about Jay Peak as the resort evolves, the magazine was developed to be so much more than a vacation planner. It’s more like a tattoo for your coee table – the ultimate stamp of a person’s “Jay-ness.” Hands down, one of our favourite projects of the year. View the magazine online at transcoastmedia.com/Jay_Peak_Magazine_Winter2011-2012 © Origin 2012-06-21 Portfolio JAY PEAK . WINTE R CREATIVE Jay Peak’s 2010.11 campaign continues to position the brand as the place for core skiers and riders in the East. We worked with Jay Peak to stay true to their core skier and rider roots by expanding on last year’s “Raise ‘Em Jay” campaign, while speaking to the on-going expansion at the resort. © Origin 2013-08-26 Thank you. Montreal 55 Mont-Royal Ouest #603 • Montreal, Quebec, H2T 2S6 • 514.842.5252 Whistler #201-1002 Lynham Road • Whistler, BC, V0N 1B1 • 604.932.8482 origindesign.ca TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 19, 2013 Re: Adoption of Proposed 2014 and Final Revised 2013 Operating Budgets Summary: The Town’s final revised operating budgets for 2013 and proposed 2014 are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. General Fund The Town Manager and staff presented the recommended budget at the Council work session held on October 22nd. Material changes to the proposed 2014 General Fund budget, subsequent to the budget work session, that have been incorporated into the final version for adoption on November 26 include the following: • Added $6,396 in Community Development to correct the budget for the Sungard software upgrade. • Reduction of $25,000 in the Town Council budget from moving the full contribution for Winter Wondergrass into 2013. • Addition of $1,300 for increased CIRSA insurance premiums. • Increased the contingency by $15,000 to $75,000. Material changes to the revised 2013 General Fund budget subsequent to the budget work session include: • Addition of $25,000 from moving the contribution for Winter Wondergrass to 2013. • Addition of $15,000 for stucco repair on the Town Hall exterior. • Increase of $4,248 for the actual expense of the refund for utility tax erroneously collected and submitted by Source Gas from residences outside of the Town of Avon. These changes result in a final General Fund surplus for 2013 of $582,865 and a 2014 General Fund surplus of $6,434. There were no significant changes in any of the other operating funds. Public Hearing. As required by Town Charter, on November 26, 2013, a public hearing was held for members of the public to comment on the proposed 2014 budget. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: 2014 Financial Overview, Total - All Funds 2014 Financial Overview, Total by Fund 2014 General Fund Summary Resolution No. 13-32 Resolution No. 13-34 Section I, Page 1 TOTAL - ALL FUNDS Original or Final Prev. Amend.Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 REVENUES Taxes 11,614,670$ 11,793,748 12,220,275$ 12,441,894$ Licenses and Permits 207,670 311,600 325,100 172,500 Intergovernmental 2,899,407 8,527,854 8,514,809 2,594,199 Charges for Services 3,040,132 3,658,088 3,689,949 3,653,333 Fines and Forfeitures 151,533 177,750 107,275 110,275 Investment Earnings 37,827 71,525 37,914 27,775 Other Revenue 397,195 409,180 508,123 435,130 Total Operating Revenues 18,348,434 24,949,745 25,403,445 19,435,106 Other Sources Sales of Fixed Assets 70,400 11,000 26,500 3,500 Capital Lease Proceeds 217,004 179,608 179,608 188,062 Bond and Loan Proceeds - - 6,825,000 - Transfers-In From Other Funds 2,776,071 3,482,237 3,431,672 3,649,639 Total Other Sources 3,063,475 3,672,845 10,462,780 3,841,201 TOTAL REVENUES 21,411,909 28,622,590 35,866,225 23,276,307 EXPENDITURES General Government and Finance 2,960,061 2,668,761 2,672,340 2,912,124 Community Development 549,983 578,020 577,018 500,193 Public Safety 2,551,489 2,598,206 2,582,788 2,716,008 Public Works, Engineering and Utilities 3,192,764 2,309,700 2,133,002 2,142,938 Transportation and Fleet Maintenance 2,703,355 2,608,171 2,626,554 3,244,034 Recreation and Culture 2,148,410 3,650,969 3,624,839 3,678,002 Total Operating Expenditures 14,106,062 14,413,827 14,216,541 15,193,299 Debt Service 1,754,077 1,765,791 7,900,706 1,985,077 Capital Improvements and Equipment Replacement 4,634,769 13,804,615 12,738,659 5,588,162 Contingency - - - 225,000 Other Uses Transfers-Out To Other Funds 2,776,071 3,682,237 3,431,672 3,649,639 TOTAL EXPENDITURES 23,270,978 33,666,470 38,287,578 26,641,177 NET SOURCE (USE) OF FUNDS (1,859,069) (5,043,880) (2,421,353) (3,364,870) FUND BALANCES, Beginning of Year 19,327,991 17,627,603 17,468,922 15,047,568 FUND BALANCES, End of Year 17,468,922$ 12,583,723$ 15,047,568$ 11,682,699$ TOWN OF AVON Financial Overview Section I, Page 2 Town Urban Community Affordable General Center Renewal Enhancement Water Housing Fund West Fund Fund Fund Fund REVENUE Taxes 9,513,185$ -$ 738,187$ -$ -$ -$ Licenses and Permits 172,500 - - - - - Intergovernmental 964,199 - - - - - Charges for Services 1,312,576 - - - 165,000 - Fines and Forfeitures 110,275 - - - - - Investment Earnings 15,000 - 1,461 - - 1,311 Other Revenue 308,569 - - 75,000 - 2,429 Total Operating Revenues 12,396,304 - 739,648 75,000 165,000 3,740 Other Sources Sales of Fixed Assets - - - - - - Capital Lease Proceeds - - - - - - Bond and Loan Proceeds - - - - - - Transfers-In From Other Funds 246,559 245,000 - - - - TOTAL REVENUES 12,642,863 245,000 739,648 75,000 165,000 3,740 EXPENDITURES General Government, Housing and Finance 2,861,174 - 950 - - 50,000 Community Development 500,193 - - - - - Police 2,716,008 - - - - - Public Works, Engineering and Utilities 1,704,052 245,089 - - 193,797 - Transportation and Fleet Maintenance - - - - - - Recreation and Culture 3,678,002 - - - - - Total Operating Expenditures 11,459,429 245,089 950 - 193,797 50,000 Debt Service - - 567,719 - - - Capital Expenditures - - - - - - Contingency 75,000 - - - - - Other Uses Transfers-Out To Other Funds 1,102,000 - 900,000 275,000 - - TOTAL EXPENDITURES 12,636,429 245,089 1,468,669 275,000 193,797 50,000 NET SOURCE (USE) OF FUNDS 6,434 (89) (729,021) (200,000) (28,797) (46,260) FUND BALANCES, Beginning of Year 4,146,139 59,938 1,360,825 533,330 774,870 709,854 FUND BALANCES, End of Year 4,152,573$ 59,849$ 631,804$ 333,330$ 746,073$ 663,594$ TOTAL - BY FUND Special Revenue Funds TOWN OF AVON Financial Overview TOWN OF AVON Financial Overview Section I, Page 3 Debt Service Internal Facilities Fund Capital Service Percent Reserve Bond Projects Transit Fleet Equipment of Fund Redemption Fund Fund Maintenance Replacement Total Total -$ 550,523$ 1,600,000$ 39,999$ -$ -$ 12,441,894$ 64.02% - - - - - - 172,500 0.89% - - 1,302,000 328,000 - - 2,594,199 13.35% - - - 312,252 1,299,935 563,570 3,653,333 18.80% - - - - - - 110,275 0.57% - 1,000 9,003 - - - 27,775 0.14% - - 1,500 47,632 - - 435,130 2.24% - 551,523 2,912,503 727,883 1,299,935 563,570 19,435,106 100.00% - - - - - 3,500 3,500 - - - - - 188,062 188,062 - - - - - - - - 712,829 1,388,251 907,000 150,000 - 3,649,639 - 1,264,352 4,300,754 1,634,883 1,449,935 755,132 23,276,307 - - - - - - 2,912,124 19.17% - - - - - - 500,193 3.29% - - - - - - 2,716,008 17.88% - - - - - - 2,142,938 14.10% - - - 1,697,892 1,546,142 - 3,244,034 21.35% - - - - - - 3,678,002 24.21% - - - 1,697,892 1,546,142 - 15,193,299 100.00% - 1,264,352 153,006 - - - 1,985,077 - - 5,128,760 - - 459,402 5,588,162 - - 150,000 - - - 225,000 413,251 - 959,388 - - - 3,649,639 413,251 1,264,352 6,391,154 1,697,892 1,546,142 459,402 26,641,177 (413,251) - (2,090,400) (63,009) (96,207) 295,730 (3,364,870) 413,251 518,787 3,256,169 536,063 304,827 2,433,516 15,047,568 -$ 518,787$ 1,165,769$ 473,054$ 208,620$ 2,729,246$ 11,682,699$ Enterprise Funds TOTAL - BY FUND TOWN OF AVON Financial Overview TOWN OF AVON Financial Overview Section I, Page D-1 Fund Summary Original or Final Prev. Amend.Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 REVENUES Taxes 8,561,561$ 8,953,370$ 9,380,036$ 9,513,185$ Licenses and Permits 207,670 311,600 325,100 172,500 Intergovernmental 886,942 918,883 953,842 964,199 Charges for Services 1,268,889 1,372,071 1,387,690 1,312,576 Fines and Forfeitures 151,533 177,750 107,275 110,275 Investment Earnings 21,155 50,000 15,000 15,000 Other Revenue 269,714 306,180 285,550 308,569 Total Operating Revenues 11,367,464 12,089,854 12,454,493 12,396,304 Other Sources Capital Lease Proceeds - 25,000 25,000 - Transfer-In From Capital Projects Fund 217,204 227,571 201,006 246,559 Total Other Sources 217,204 252,571 226,006 246,559 TOTAL REVENUES 11,584,668$ 12,342,425$ 12,680,499$ 12,642,863$ EXPENDITURES General Government 2,844,361$ 2,666,111$ 2,669,690$ 2,861,174$ Community Development 549,983 578,020 577,018 500,193 Public Safety 2,551,489 2,598,206 2,582,788 2,716,008 Public Works 2,780,096 1,868,379 1,702,299 1,704,052 Recreation and Culture 2,148,410 3,650,969 3,624,839 3,678,002 Total Operating Expenditures 10,874,338 11,361,685 11,156,634 11,459,429 Contingency - - - 75,000 Other Uses Transfers-Out to Town Center West Fund 15,000 15,000 15,000 45,000 Transfers-Out to Transit 810,000 755,000 776,000 907,000 Transfers-Out to Fleet Maintenance 100,000 95,000 150,000 150,000 Total Other Uses 925,000 865,000 941,000 1,102,000 TOTAL EXPENDITURES 11,799,338 12,226,685 12,097,634 12,636,429 NET SOURCE (USE) OF FUNDS (214,670) 115,740 582,865 6,434 FUND BALANCES, Beginning of Year 3,777,944 3,563,274 3,563,274 4,146,139 FUND BALANCES, End of Year 3,563,274$ 3,679,014$ 4,146,139$ 4,152,573$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 428,947$ 428,947$ 428,947$ 450,000$ Assigned For: Special Events - - - 225,000 2015 World Alpine Ski Championships - - - 200,000 Unassigned: 25% Minimum Reserve Balance 2,949,835 3,056,671 3,024,409 3,159,107 Stabilitzation Balance 184,492 193,396 692,783 118,466 TOTAL FUND BALANCES 3,563,274$ 3,679,014$ 4,146,139$ 4,152,573$ MUNICIPAL SERVICES General Fund #10 Town of Avon Resolution No. 13-32 Page 1 of 3 TOWN OF AVON, COLORADO RESOLUTION NO. 13-32 SERIES OF 2013 A RESOLUTION TO AMEND THE 2013 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2013 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2013 AND ENDING ON THE LAST DAY OF DECEMBER, 2013 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2013 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2013; and WHEREAS, the Town Council finds it necessary to amend the 2013 budget to more accurately reflect the revenues and expenditures for 2013; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2013 budget was open for inspection by the public at a designated place, a public hearing was held on November 26, 2013 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2013: Original or Previously Amended 2013 Budget Current Proposed Amended 2013 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,563,274 12,342,425 12,226,685 $ 3,563,274 12,680,499 12,097,634 Ending Fund Balance $ 3,679,014 $ 4,146,139 Town of Avon Resolution No. 13-32 Page 2 of 3 Original or Previously Amended 2013 Budget Current Proposed Amended 2013 Budget Town Center West Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 26,773 290,000 300,700 $ 70,978 290,000 301,040 Ending Fund Balance $ 16,073 $ 59,938 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 460,468 75,000 350,000 $ 458,330 75,000 0 Ending Fund Balance $ 185,468 $ 533,330 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,663,063 397,000 1,390,621 $ 1,780,636 423,897 1,429,663 Ending Fund Balance $ 699,442 $ 774,870 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 535,975 0 1,700 $ 572,438 139,116 1,700 Ending Fund Balance $ 534,275 $ 709,854 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 494,552 1,261,806 1,261,806 $ 507,637 1,273,176 1,262,026 Ending Fund Balance $ 494,552 $ 518,787 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 622,333 1,000,315 1,082,301 $ 622,333 1,005,041 1,091,311 Ending Fund Balance $ 540,347 $ 536,063 Town of Avon Resolution No. 13-32 Page 3 of 3 Original or Previously Amended 2013 Budget Current Proposed Amended 2013 Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 321,627 1,473,982 1,525,870 $ 321,627 1,518,443 1,535,243 Ending Fund Balance $ 269,739 $ 304,827 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,169,340 585,643 336,967 $ 2,169,340 601,143 336,967 Ending Fund Balance $ 2,418,016 $ 2,433,516 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 26th day of November, 2013. TOWN OF AVON, COLORADO ______________________________ Rich Carroll, Mayor ATTEST: _____________________________ Patty McKenny Town Clerk Town of Avon Resolution No. 13-34 Page 1 of 3 TOWN OF AVON RESOLUTION NO. 13-34 SERIES OF 2013 A RESOLUTION TO ADOPT THE 2014 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 26, 2013, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2014: 2014 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,146,139 12,642,863 12,636,429 Ending Fund Balance $ 4,152,573 Town Center West Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 59,938 245,000 245,089 Ending Fund Balance $ 59,849 Town of Avon Resolution No. 13-34 Page 2 of 3 2014 Proposed Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 533,330 75,000 275,000 Ending Fund Balance $ 333,330 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 774,870 165,000 193,797 Ending Fund Balance $ 746,073 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 709,854 3,740 50,000 Ending Fund Balance $ 663,594 Facilities Reserve Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 413,251 0 413,251 Ending Fund Balance $ 0 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 518,787 1,264,352 1,264,352 Ending Fund Balance $ 518,787 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 536,063 1,634,883 1,697,892 Ending Fund Balance $ 473,054 Town of Avon Resolution No. 13-34 Page 3 of 3 2014 Proposed Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 304,827 1,449,935 1,546,142 Ending Fund Balance $ 208,620 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,433,516 755,132 459,402 Ending Fund Balance $ 2,729,246 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 26th day of November, 2013. TOWN OF AVON, COLORADO ______________________________ Rich Carroll, Mayor ATTEST: _____________________________ Patty McKenny Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 19, 2013 Re: Adoption of Proposed 2014 and Final Revised 2013 Capital Projects Fund Summary: The Town’s final revised Capital Projects Fund budget for 2013 and the proposed 2014 Capital Projects Fund budget are hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). Concurrently with the presentation of the Town’s operating budgets, the Town Manager presented her recommended Capital Projects Fund budget at the Council budget work session held on October 22. A public hearing was held on November 26. One change to the 2014 Capital Projects Fund budget was made subsequent to the budget work session: The transfer in from the Avon Urban Renewal Authority has been reduced by $50,000 due to the finalization of the URA financing. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program as submitted. Exhibits and Attachments: Capital Projects Fund Budget Long-range Capital Program (5-year CIP Plan) Resolution 13-33 Resolution 13-35 Section II, 1 Fund Summary Original or Final Prev. Amend.Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 REVENUES Taxes 1,707,648$ 1,500,000$ 1,500,000$ 1,600,000$ Intergovernmental 1,707,114 7,520,473 7,470,473 1,302,000 Investment Earnings 11,018 15,000 15,000 9,003 Other Revenue 694 1,500 1,500 1,500 Total Operating Revenues 3,426,474 9,036,973 8,986,973 2,912,503 Other Sources: Operating Transfers-In 648,273 1,400,000 1,300,000 1,388,251 Total Other Sources 648,273 1,400,000 1,300,000 1,388,251 TOTAL REVENUES 4,074,747 10,436,973 10,286,973 4,300,754 EXPENDITURES Debt Service: Capital Leases - - - 153,006 Capital Improvements: Facilities 3,110,537 9,103,307 9,172,987 300,000 Land and Land Improvements 575 1,086,800 1,086,800 345,000 Roads and Streets 230,403 531,533 649,640 4,348,760 Utilities 43,521 55,000 - - Water Fund Projects 648,274 1,400,000 1,300,000 - Communications and Technology - 92,265 92,265 135,000 Strategic Planning - 840,000 - - Total Capital Improvements 4,033,310 13,108,905 12,301,692 5,281,766 Contingency - - - 150,000 Other Uses Operating Transfer-Out - General Fund 217,204 227,571 201,006 246,559 Operating Transfer-Out - Debt Service Fund 710,594 714,666 714,666 712,829 - Total Other Uses 927,798 942,237 915,672 959,388 TOTAL EXPENDITURES 4,961,108 14,051,142 13,217,364 6,391,154 NET SOURCE (USE) OF FUNDS (886,361) (3,614,169) (2,930,391) (2,090,400) FUND BALANCE, Beginning of Year 7,072,921 6,186,560 6,186,560 3,256,169 FUND BALANCE, End of Year 6,186,560$ 2,572,391$ 3,256,169$ 1,165,769$ MUNICIPAL SERVICES Capital Projects Fund #41 APPENDIX A CAPITAL PROJECTS FUND 5-YEAR PLAN Section I, Page C-2 Proposed Current Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 2015 2016 2017 2018 REVENUES Real Estate Transfer Tax:1,707,648$ 1,500,000$ 1,500,000$ 1,600,000$ 3,825,312$ 3,318,080$ 3,190,368$ 2,000,000$ Interest Earnings 11,018 15,000 15,000 9,003 5,246 7,310 11,928 14,248 Intergovernmental: Federal/State: FTA 90 SGR 1,118,012 6,360,876 6,360,876 - - - - - FTA 84 BBF 155,342 - - - - - - - FTA / CDOT - ARRA - 523,000 523,000 - - - - - FHWA / CDOT Hwy 6 Trail Project - - - - - - - - CDOT FASTER 414,403 586,597 586,597 - - - - - GOCO Grant - Eagle Valley Trail Bridge - - - 497,000 - - - - CDOT - Eagle Valley Trail - Avon Rd. to Eaglebend - - - 655,000 - - - - Other State Grants - Water Wheel 19,357 - - - - - - - Local Government: Eagle County Trails Grant - Eagle Valley Trail Bridge - 50,000 - 50,000 - - - - Eagle County Trails Grant - Eaglebend. to Stonebridge - - - 100,000 420,000 - - - Other Revenues: Fireplace Fees - 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Nonclassified 694 - - - - - - - Total Operating Revenues 3,426,474 9,036,973 8,986,973 2,912,503 4,252,058 3,326,890 3,203,796 2,015,748 Other Sources: Transfer in from the AURA - Pedestrian Mall Improvements - - - 700,000 - - - - Transfer in from Community Enhancement Fund - 2014 Restroom Improvements; - 2015 Powerline Undergrounding for Eagle Valley Trail - - - 275,000 100,000 - - - Transfer in from Facilities Reserve Fund - Consolidation with Capital Projects Fund - - - 413,251 - - - - Transfer in from Water Fund - Metcalf Drainage 648,273 Transfer in from Water Fund - Lake Liner - 1,400,000 1,300,000 - - - - - Total Other Sources 648,273 1,400,000 1,300,000 1,388,251 100,000 - - - Total Revenues and Sources of Funds 4,074,747$ 10,436,973$ 10,286,973$ 4,300,754$ 4,352,058$ 3,326,890$ 3,203,796$ 2,015,748$ Projected APPENDIX A CAPITAL PROJECTS FUND 5-YEAR PLAN Section I, Page C-3 Proposed Current Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 2015 2016 2017 2018 Projected EXPENDITURES Capital Improvements: Facilities 3,110,537 9,103,307 9,172,987 300,000 120,000 80,000 - 375,000 Land and Land Improvements 575 1,086,800 1,086,800 345,000 700,000 400,000 650,000 - Roads and Streets 230,403 531,533 649,640 4,348,760 2,796,679 1,310,950 1,451,143 1,150,000 Utilities 43,521 55,000 - - - - - - Water Fund Projects 648,274 1,400,000 1,300,000 - - - - - Communications and Technology - 92,265 92,265 135,000 - - - - Strategic Planning - 840,000 - - - - - - Debt Service: Capital Leases - - - 153,006 94,986 94,986 94,986 94,986 Total Expenditures 4,033,310 13,108,905 12,301,692 5,281,766 3,711,665 1,885,936 2,196,129 1,619,986 Contingency - 2014 Only - - - 150,000 - - - - Other Uses: Operating Transfer Out - General Fund Engineering Department Salary and Operations 217,204 227,571 176,006 221,559 228,206 235,052 242,104 249,367 Operating Transfer Out - General Fund ( 2014 Winter Wondergrass Festival)- - 25,000 25,000 - - - - Operating Transfer Out - Debt Service Fund - 2010 Certificates of Participation Notes 248,481 250,081 250,081 247,581 248,831 249,931 250,881 251,331 Operating Transfer Out - Debt Service, Town Hall & Parking Facility 450,000 450,000 450,000 Operating Transfer Out - Debt Service Fund 1999 Rev Bnds 462,113 464,585 464,585 465,248 - - - - Total Other Uses 927,798 942,237 915,672 959,388 477,037 934,983 942,985 950,698 Total Expenditures and Uses of Funds 4,961,108 14,051,142 13,217,364 6,391,154 4,188,702 2,820,919 3,139,114 2,570,684 Net Source (Use) of Funds (886,361) (3,614,169) (2,930,391) (2,090,400) 163,356 505,971 64,683 (554,935) Fund Balance, Beginning of Year 7,072,921 6,186,560 6,186,560 3,256,169 1,165,769 1,329,126 1,835,097 1,899,779 Fund Balance, End of Year 6,186,560$ 2,572,391$ 3,256,169$ 1,165,769$ 1,329,126$ 1,835,097$ 1,899,779$ 1,344,844$ TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN Section I, Page C-4 Proposed Current Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 2015 2016 2017 2018 ID CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: F1 IT Server Room HVAC Upgrades - 15,000 15,000 - - - - - Transit / PW Facilities Improvement Project: F3 Public Works Improvements, (On-site and Lot 5)400,347 313,865 313,865 - - - - - F4 Final Design /Engineering Servisces (Grant #84)73,393 - - - - - - - F5 Final Design /Engineering Servisces (Grant #90)650,817 414,742 414,742 - - - - - F6 Transit Facility Construction (Grant #90)1,325,508 6,956,380 6,956,380 - - - - - F7 Transit Facility Construction (FASTER Grant)575,560 795,320 795,320 - - - - - F8 Transit Facility Construction (ARRA Grant)- 523,000 523,000 - - - - - Public Works Facilities F9 Cinder De-icer Storage - - - - - - - 200,000 F10 Large Vehicle Storage - - - - - - - 100,000 Transportation Facilities F11 Fuel Spill Cleanup 84,912 5,000 5,000 - - - - - F12 Fleet Maintenance Wash Bay Lift Replacement - - - 140,000 - - - - F13 Fleet Maintenance Lift Rebuild (2)- - - - 120,000 - - - F14 Fleet Maintenance EPDM Roof Replacement - - - - - 80,000 - - F15 Transit Bus Stop Improvements - - - - - - - 75,000 Cultural and Recreational Facilities: F16 Recreation Center EPDM Replacement - 80,000 149,680 - - - - - F17 Recreation Center - Showers & Pool Deck - - - 60,000 - - - - F18 Recreation Center - Water Slide Replacement (FR Fund)- - - 100,000 - - - - Land and Land Improvements: L1 Forest Service Land Acquisition 575 1,001,800 1,001,800 - - - - - H.A. Nottingham Park Improvements L2 Nottingham Park Capital Improvements 2013 Program - 85,000 85,000 - - - - - L3 Nottingham Park Zone C Improvements - Playground - - - 70,000 700,000 - L4 Nottingham Park - Remodel Restrooms (CEF)- - - 275,000 - - - - L5 Upper Athletic Field Replacement - - - - - 350,000 - - L6 Nottingham Park Stage - - - - - - 650,000 - L7 Pumphouse Remodel - - - - - 50,000 - - Projected TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN Section I, Page C-5 Proposed Current Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 2015 2016 2017 2018 ID CAPITAL IMPROVEMENT PROJECTS Projected Roads and Streets: Street Improvements: R1 Annual Paving/Road Improvements 230,369 471,533 471,533 763,760 1,796,679 935,950 626,143 750,000 R2 Stonebridge Deck Repair and Overlay - 50,000 50,000 - - - - - R3 US Hwy 6 Shoulder Widening Contribution - - - 50,000 - - - - R4 Buck Creek Road Bridge Approach Slab Repair - - - - - 100,000 - - Streetscape Improvements R5 Avon Rd. UPRR Bridge Façade - - 98,107 - - - - - R6 Avon Road Monument Sign (2015 WC)- - - 100,000 - - - - R7 Avon Rd./I70 Overpass Pedestrian Improvements - - - - - 100,000 - - R8 2014 Mall Improvements - - - 1,600,000 - - - - R9 Metcalf Road - Retaining Wall Stabilization - - - - - 100,000 - - R10 Avon Rd. Streetscape Update - - - 200,000 - - - - R11 W. B/C Blvd. Streetscape Improvements (Lake St./Avon Rd.)- - - - - 75,000 750,000 - R12 E. Beaver Creek Blvd Streetscape - Avon Rd to BC Place - - - - - - 25,000 250,000 Multi-Modal/Alternative Mobility: R13 US Hwy 6 Trail Project: Avon Rd. - Stonebridge (CDOT)34 - - 900,000 900,000 - - - R14 US Hwy 6 Trail Project Undergrounding (CEF)- - - - 100,000 - - - R15 US Hwy 6 Eagle River Ped./Bike Bridge (GOCO)- - - 725,000 - - - - R16 Beaver Creek Overlook Trail Improvements - 10,000 30,000 - - - - - Recreational Trails Program: R17 Nottingham Trail-Buck Creek Trail connector - - - - - - 50,000 - R18 Buck Creek Trail Improvements - - - - - - - 150,000 R19 West Avon Access Improvements - - - 10,000 - - - - Utilities Waste Heat Recovery System Project: U1 Heat Recovery System Construction 13,521 - - - - - - - U2 Heat Recovery Expansion Study 30,000 - - - - - - - U3 Heat Recovery Expansion Design - 55,000 - - - - - - TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN Section I, Page C-6 Proposed Current Revised Proposed Actual Budget Budget Budget 2012 2013 2013 2014 2015 2016 2017 2018 ID CAPITAL IMPROVEMENT PROJECTS Projected Water Fund Projects W1 Metcalf Road Drainage - Phase 1 638,297 - - - - - - - W2 Nottingham Lake Liner Replacement 9,977 1,400,000 1,300,000 - - - - - Communications and Technology Communications: C1 UHF Radio System and Repeater - 34,800 34,800 - - - - - C2 Enterprise-wide Security Camera System Upgrade - 30,515 30,515 - - - - - e-Gov.: C3 Digital Ticketing - - - 60,000 - - - - C4 Paperless Packets - 26,950 26,950 - - - - - C5 CityVision Budgeting and BPM Software - - - 40,000 - - - - C6 Timekeeping Software and Peripheral Devices - - - 35,000 - - - - Strategic Planning Planning and Consulting: S1 Economic Development - 750,000 - - - - - - S2 Feasibility Study - Town Center West Lots B&C - 30,000 - - - - - - S3 Town Facilities Planning Study - 30,000 - - - - - - S4 Parking and Transportation Study - 30,000 - - - - - - Total Capital Improvement Projects 4,033,310$ 13,108,905$ 12,301,692$ 5,128,760$ 3,616,679$ 1,790,950$ 2,101,143$ 1,525,000$ Town of Avon Resolution No. 13-33 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 13-33 SERIES OF 2013 A RESOLUTION TO AMEND THE 2013 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2013 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2013 AND ENDING ON THE LAST DAY OF DECEMBER, 2013 WHEREAS, the Town Council of the Town of Avon has adopted the 2013 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2013; and WHEREAS, the Town Council finds it necessary to amend the 2013 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2013; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2013 budget was open for inspection by the public at a designated place, a public hearing was held on November 26, 2013 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2013: Town of Avon Resolution No. 13-33 Page 2 of 2 Original or Previously Amended 2013 Budget Current Proposed Amended 2013 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,186,560 10,436,973 14,051,142 $ 6,186,560 10,286,973 13,217,364 Ending Fund Balance $ 2,572,391 $ 3,256,169 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 26th day of November, 2013. TOWN OF AVON, COLORADO ______________________________ Rich Carroll, Mayor ATTEST: _____________________________ Patty McKenny Town Clerk Town of Avon Resolution No. 13-35 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 13-35 SERIES OF 2013 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2014 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 26, 2013, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2014: Town of Avon Resolution No. 13-35 Page 2 of 2 2014 Proposed Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,256,169 4,300,754 6,391,154 Ending Fund Balance $ 1,165,769 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 16th day of November, 2013. TOWN OF AVON, COLORADO ______________________________ Rich Carroll, Mayor ATTEST: _____________________________ Patty McKenny, Town Clerk Page 1 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Kelly Huitt, Budget Analyst Date: November 19, 2013 Re: Certification of Past Due Amounts to Eagle County Summary: Attached is resolution #13-31 which details delinquent charges to be certified and collected by the Eagle County Treasurer. Background: Exhibit A 1% of the 2% real estate transfer tax due on the purchase of Nottingham Station, Lot 1/2 was never received. A letter was sent out to the owner notifying them of the past due amount of $49,000 and describing the process that would occur if payment was not remitted. A lien will be placed on the property for the original amount due plus penalty, interest, and fees, and this amount can now be certified to the County for collection on their tax rolls. The real estate transfer tax due on the purchase of Twin Bears Townhomes, Lot A was never received. A letter was sent out to the owner notifying them of the past due amount of $4,600 and describing the process that would occur if payment was not remitted. The certified letter was mailed to the address provided by Mr. Bouchard on the primary residence exemption submitted to the Town. The letter was returned to sender siting unable to forward as the reasoning. A lien will be placed on the property for the original amount due plus penalty, interest, and fees, and this amount can now be certified to the County for collection on their tax rolls. Recommendation: It is recommended that Council adopt the resolution certifying past due accounts to be collected on the Eagle County Tax rolls. Exhibits and Attachments: Resolution #13-31 Exhibit A Res. 13-31 Certifying Amounts Due to the Eagle County Treasurer TOWN OF AVON, COLORADO RESOLUTION 13-31 SERIES OF 2013 A RESOLUTION CERTIFYING DELINQUENT CHARGES FOR COLLECTION BY THE EAGLE COUNTY TREASURER WHEREAS, the Town Council of the Town of Avon, Colorado imposes a Real Property Transfer Tax in the amount of 2% of the consideration on the conveyance of property within the Town of Avon. Under Avon Municipal Code Section 3.12.090, failure to pay the tax when due shall cause a penalty of ten percent (10%) of the amount of tax due and interest at the rate of one percent (1%) per month to be assessed; and WHEREAS, the Town under C.R.S. §31-20-105 may certify delinquent charges levied to the Eagle County Treasurer for collection in the same manner as taxes are collected; and, WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado that the following properties are hereby declared to be in default for failure to pay this tax when due and is hereby certified to the County Treasurer for collection: 1. Nottingham Station, Lot 1/2, 25 Hurd Lane, Avon Colorado. The total amount due is more fully described in Exhibit A. 2. Twin Bears Townhomes, Lot A, 2810 Oneal Spur #A, Avon Colorado. The total amount due is more fully described in Exhibit A. MOVED, READ AND ADOPTED by the Avon Town Council, on November 26, 2013. By:______________________________ Attest:______________________________ Rich Carroll, Mayor Patty McKenny, Town Clerk Res. 13-31 Certifying Amounts Due to the Eagle County Treasurer EXHIBIT A Name of Municipality Town of Avon Address P.O. Box 975 Avon, CO 81620 Date of Certification November 26, 2013 TO BE INCLUDED ON THE 2013 TAX ROLL Contact Person Kelly Huitt Phone Number 970-748-4445 Schedule # R044332 Parcel # 2105-121-07-006 Name & Address 25 Hurd Lane LLC 8000 Maryland Ave, Ste. 1120 Clayton, MO 63105-3919 Legal Description Nottingham Station, Lot 1/2 25 Hurd Lane Original Due $49,000.00 Assessment (Penalty,Interest, and Fees) $8,842.00 TOTAL AMOUNT DUE $57,842.00 Res. 13-31 Certifying Amounts Due to the Eagle County Treasurer Name of Municipality Town of Avon Address P.O. Box 975 Avon, CO 81620 Date of Certification November 26, 2013 TO BE INCLUDED ON THE 2013 TAX ROLL Contact Person Kelly Huitt Phone Number 970-748-4445 Schedule # R044648 Parcel # 1943-353-18-001 Name & Address John Bouchard 788 South Logan St Denver, CO 80209 Legal Description Twin Bears Townhomes, Lot A 2810 Oneal Spur #A Original Due $4,600.00 Assessment (Penalty,Interest, and Fees) $1,034.00 TOTAL AMOUNT DUE $5,634.00 Certification: I hereby certify that the amounts stated herein are due to the Town of Avon, Colorado. ___________________________________ ________________________ By: Kelly Huitt, Budget Analyst Date Ordinance 13-14 2nd Tier Code Text Amendments November 26, 2013 Town Council Meeting Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jared Barnes, Planner II Date: November 26, 2013 Agenda topic: First Reading of Ordinance 13-14, Code Text Amendments to Title 7: Development Code, Title 8: Health & Safety, and Title 15, Buildings & Construction Introduction The Town Council approved the 2013-2014 Strategic Plan and 2103 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 9, 2013, at which time Council initiated the formal review process. Through Ordinance 13-09, the Town Council approved the first round of Code Text Amendments which included: Development Review Procedures Table; Public Hearing review timeframe; Minor Amendment and PUD Amendment Processes; Development Plan review modifications; Design Review modifications; and, Natural Resource Protection. Attached is Ordinance 13-14 and strikethrough of Code language (Attachment A) addressing the following “Tier 2” amendments: Mailed Notice; Historic Preservation Committee; Rezoning terms; Neighborhood Commercial Zone District; Building Code clean ups; Fireplace regulations; FEMA regulations; and Wildlife Enclosures. The FEMA regulations, per Federal law, must be adopted by December 31, 2013. Four Code sections in the “Tier 2” amendments list will be considered after the first of the year: Defined Terms, Signs, Allowed Uses in the IC Zone District; and Landscaping. Process The process for Avon Development Code (“ADC”) amendments are governed by AMC §7.16.040. Title 8, Health & Safety, and Title 15, Buildings & Construction, does not have any defined codification process for amendments, but due to the implications of these sections, following the ADC process is preferred to provide notice and opportunities for interested parties to comment. Ordinance 13-14 2nd Tier Code Text Amendments November 26, 2013 Town Council Meeting Page 2 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). PZC Review The AMC Amendments were referred to PZC by Council for review and recommendation. After review and discussion by the PZC, they held required public hearings, and based upon that work is now recommending amendments as presented in Resolution 13-06 (Attachment B) for your review and consideration. Proposed Amendments The proposed modifications outlined in Ordinance 13-14 will not only provide clarity, but will also cleanup Municipal Code (Title 7, AMC) sections that are redundant, contradictory, obsolete, or have been found to be troublesome for code users. The following is a section by section review, in order of appearance, outlining the changes: Section 7.08, Definitions – Pages 23, 27-29, 32-33, 35, 37-38, 45 These definition amendments are solely limited to those required to implement the FEMA regulations as well as the Historic Preservation Regulations. The definitions regarding the FEMA regulations were reviewed and amended by Jamie Prochno, Colorado Water Conservation Board, to ensure compliance with the Nation Flood Insurance Program as administered by FEMA. (See Section 7.28.100(d) below for and understanding of the why the changes are being made.) The proposed definitions for the Historic Preservation Regulations are similar, if not identical to the definitions used in the Municipal Code prior to the adoption of Title 7, Development Code. A future review of definitions will occur in a subsequent code amendment. Section 7.12.070, Historic Preservation Advisory Committee – Pages 52-53 This section will be added to establish a Historic Preservation Advisory Committee (HPAC). It will also set forth a purpose and duties for this body. Additional regulations will be discussed later in this report that will set forth the standards for which this body shall adhere to when dealing with historical sites, structures, etc. These regulations are extremely similar to ones previously adopted by the Town prior to the adoption of Title 7, Development Code. Table 7.16-1, Development Review Procedures and Review Activity – Page 54 Although recently amended by the 1st Tier Amendments, staff identified additional inconsistencies. First, the term “Zoning Amendment” is being replaced with “Rezoning” throughout the Code. Second, staff realized that many review steps were called out as public hearings on this chart even though the specific processes only required a hearing and review. The table has been updated to reflect actual review procedures. Ordinance 13-14 2nd Tier Code Text Amendments November 26, 2013 Town Council Meeting Page 3 Section 7.16.020(d)(2), Mailed Notice – Page 58 This section is being modified to reflect the application processes that actually require a public hearing as called out by the specific review process or that staff has identified as an application type that should be noticed through mailings. The amendment was initiated based upon the Special Review Use procedure, but upon further examination it appeared additional processes should include the mailed notice procedure. Section 7.16.050, Rezoning – Page 62-63, 169 The only modification to this section is the consistent use of the term “Rezoning” as opposed to “Zoning Amendment”. Throughout the pages identified above and Table 7-16, staff has modified the terms to only use Rezoning. It was chosen as the preferred term as a zoning amendment indicates that a zoning classification is being modified, while a rezoning is a broader term, better resembling the intent of the application process. Section 7.16.160, Appeal – Page 89 This section modifies the appeal procedures to allow an appellant to agree to a shorter timeframe and different notification method than what would be allowed by the Code. It will provide flexibility, with appellant approval, to allow for expeditious Town Council review. Table 7.20-7, Dimensions for the Neighborhood Commercial District – Page 94-95 This specifies the Maximum Residential Density of 7.5 DUs/Acre. This is the same maximum density that the NC Zone District had prior to the adoption of the Development Code and what is identified as the baseline in the section immediately following the table (§7.20.080(a)(1)) that allows for the density to be increased with additional water rights dedication. This amendment will not modify the density allowance in this District, but will further clarify it. Section 7.28.100(d), Flood Damage Prevention – Page 179-185, 188-189 The modifications, along with the previously discussed Definitions, are intended to address required FEMA regulations modifications. As stated above these regulations were reviewed and proposed by the Colorado Water Conservation Board and are intended to provide compliance and consistency with the National Flood Insurance Program as administered by FEMA. Most of the regulations are related to updated terms of art used by FEMA, while others are intended to modify the specific regulations. In general, the regulations have become a bit more defined and in one (1) specific case more restrictive, by limiting the lowest floor to one (1) foot above the Base Flood Elevation (BFE). The PZC did suggest a modification to the length of time a Recreational Vehicle can be located in the flood fringe (Page 185). They recommended shortening it to thirty (30) days so that it is consistent with the limitations elsewhere in Town on the length of time an RV can remain in a single place. Ordinance 13-14 2nd Tier Code Text Amendments November 26, 2013 Town Council Meeting Page 4 Chapter 7.50, Historic and/or Cultural Preservation Designated – Page 267-270 This section will be added to establish procedures, guidelines and standards for the designation of Historic and/or Cultural sites and structures by the Historic Preservation Advisory Committee (HPAC). These regulations are extremely similar to ones previously adopted by the Town prior to the adoption of Title 7, Development Code, and only differ to function within the updated Code layout, not to content. As was requested by the PZC, “prehistoric” is no longer included under the review criteria for “historic significance” and is now its own subsection. Section 8.32.020, Wildlife Protection – Page 8-27 – 8-28 This is the definition for “Wildlife-resistant enclosure” which regulates dumpster enclosures. This section refers to an outdated Design Review process, a Minor Project application, and exempts enclosures under a certain size (200 SF) from the requirement for a building permit. Staff believes that the section should refer to a generic design review process so that as an application type changes the Code section can seamlessly transition. In addition, the Building Official is concerned about the lack of permitting for some enclosures; therefore, the language has been updated to give discretion to the Building Official related to requiring a permit. The PZC recommended that the minimum size requiring a permit be tied to other portions of the Municipal and Building Code that discuss a similar issue. Staff has not identified sections in either Code that exempt project from permits if under a specified size; therefore, recommend that this requirement be removed. The modified language proposed ties the need for a permit to the Building Official and the Building Code requirements. Section 15.02.010, Definitions – Page 15-5 The definition of Person is being amended so that it matches that used in the Development Code. The definition of person is mainly used throughout this code for identifying violations and penalties of the Building Code. It is a term that is intended to capture all forms of ownership of property and structures. Section 15.16.060, Section 902 – Masonry Fireplaces – Pages 15-28 – 15-32 The first section, 902.2 – Definitions, is repealed in its entirety and replaced with identical definitions that are included in Chapter 15.24, Solid-Fuel-Burning Devices. As both sections address wood and gas fireplaces, the need for identical language is imperative to the Building Code functioning. This section and the section below were discussed at length by the PZC. The rationale for these sections was to address poor air quality when wood fireplaces were utilized throughout the valley and specifically the valley floor. The elevation of 7,820 feet was chosen because it was an elevation that separated the two mountain communities (Wildridge and Mountain Star) from the valley floor communities. The reason EPA certified wood fireplaces (“New Technology Device”) are required is to ensure a reduction in particles that are emitted into the air when wood fireplaces are utilized. Ordinance 13-14 2nd Tier Code Text Amendments November 26, 2013 Town Council Meeting Page 5 The regulations as exist today permit one (1) New Technology Device in new single-family and duplex structures above an elevation of 7,820 feet. All dwelling units in triplex buildings or greater are not permitted a New Technology Device. In addition, below an elevation of 7,820 feet, one (1) New Technology Device is permitted in the lobby of a hotel. To permit a New Technology Device, a fee of $1,500 or $3,000 is required depending on the type of building it is located within. Anywhere in town a liquid or gaseous fireplace is permitted without any additional fee beyond a standards building permit. The staff proposed regulations does not change these requirements and only provide for consistency between the two (2) sections that regulation fireplaces in the Building Code. The PZC discussed this issue and ultimately recommended that the Town Council allow for traditional wood burning fireplaces (“Solid-Fuel-Burning Device”) above the elevation of 7,820 feet. The PZC proposed language allows for either one (1) New Technology Device or one (1) Solid-Fuel-Burning Device for a fee of $1,500 or $3,000 respectively. The PZC also recommended the same allowance for hotels below an elevation of 7,820 feet for a fee of $3,000 or $6,000 depending on the type. The PZC did recommend this language, but also stated that it was a decision best made by the Town Council. Staff does not recommend adopting the PZC recommended language as it will be a detriment to the air quality throughout the valley. Staff firmly believes that this issue is valley wide, as smoke does not respect political boundaries, and consistency with other jurisdictional regulations is imperative to the overall air quality throughout Eagle County. Both Eagle County and the Town of Vail only allow EPA Phase II approved wood burning fireplaces. This rating ensures that particle emissions (smoke) are limited to 5.1 grams or less of particle pollution per kilogram of wood burned. In addition, the EPA approved fireplaces are generally fifty percent (50%) more efficient and produce seventy percent (70%) less particles pollution indoors and out, which are benefits not only to the residents but also the guests that visit our Town and County. Retrofits devices and inserts are available and can convert non-EPA approved fireplaces into EPA approved fireplaces, so that an interested homeowner does not have to replace their fireplace. Section 15.24.035, Regulations above elevation of seven thousand eight hundred twenty feet – Page 15-39 – 15-40 This is a new section and is similar in rationale to the previous section modifications. In order for the Building Code to properly regulation wood and gas fireplaces, both Code sections need to have identical regulations and it was identified that this section lacked the regulations above 7,820. This is a new section proposed, which is identical to the regulations located in Chapter 15.16, International Mechanical Code. Once again, staff does not recommend approving the PZC recommended modifications to this section for the reasons stated above. Ordinance 13-14 2nd Tier Code Text Amendments November 26, 2013 Town Council Meeting Page 6 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 (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 act as a living document that would allow for changes that provide consistency and streamline development processes, while not unduly restricting property owners. Staff Recommendation Staff recommends approving the First Reading of Ordinance 13-14 with the following condition: 1) The PZC Recommended modifications to Chapters 15.16, International Mechanical Code, and 15.24, Solid-Fuel-Burning Devices, are removed from the Code Text Amendment and a revised version is provided for review at second reading. Attachments: A: Draft Ordinance 13-14, with Strikethrough Attachment B: PZC Resolution 13-06 Page 1 of 4 Ord No. 13-14 Amending Avon Municipal Code TOWN OF AVON, COLORADO ORDINANCE 13-14 SERIES of 2013 AN ORDINANCE AMENDING TITLES 7, 8, AND 15 OF THE AVON MUNICIPAL CODE, INCLUDING DEFINITIONS, HISTORIC PRESERVATION, DEVELOPMENT REVIEW PROCEDURES, NEIGHBORHOOD COMMERICAL ZONE DISTRICT STANDARDS, FLOOD DAMAGE PREVENTION, WILDLIFE PROTECTION, AND FIREPLACE REGULATIONS 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 adopted Ordinance No. 10-07 adopting Wildlife Protection regulations; WHEREAS, the Town adopted Ordinance No. 10-02 adopting Fireplace regulations through the International Mechanical Code and Solid-Fuel-Burning Devices chapters; 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; WHEREAS, the Staff has identified inconsistencies between the wildlife protection regulations and the building code and the various fireplace regulation sections; WHEREAS, the Town Council initiated amendments to the text of the ADC in accordance with Avon Municipal Code (“AMC”) §7.16.040 on April 9, 2013; WHEREAS, the Planning & Zoning Commission (“PZC”) of the Town of Avon held public hearings on October 15, 2013, and November 5, 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 13-06, recommending approval of the amendments to the Town Council; Attachment A Page 2 of 4 Ord No. 13-14 Amending Avon Municipal Code WHEREAS, the Town Council of the Town held public hearings on November 26, 2013 and December 10, 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 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 AMC is hereby amended as indicated in the attached (“Exhibit A to Ordinance 13-14”) 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. Attachment A Page 3 of 4 Ord No. 13-14 Amending Avon Municipal Code 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 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] Attachment A Page 4 of 4 Ord No. 13-14 Amending Avon Municipal Code INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on November 26, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on December 10, 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 10th day of December, 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 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 23 Annual High Water Mark means the visible line on the edge or a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one (1) year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. Applicant means an owner of real property, the owner’s representative, or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Appurtenances are the visible, functional, or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural Projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Automobile Repair Shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile Repair Shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof-like cover of canvas or other material extending in front of a doorway or window, or over a deck, to provide protection from the sun or rain. Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling, and over four (4) feet above the existing ground level. Basement means the definition of Basement as set forth in the most recent version of the International Building Code adopted by the Town of Avon. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year. Bed and Breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 27 Church or Place of Worship and Assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture houses or stage productions. Common Element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common Open Space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community Facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Town of Avon Comprehensive Plan; The West Town Center District Investment Plan; The East Town Center District Plan; The Master Plan for Harry A. Nottingham Park; The Town of Avon Recreational Trails Master Plan; and, The Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA’s comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting Walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance(s) to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 28 pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation Easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space, or historical importance. See also §38-30.5-102 C.R.S. Construction (Activity) means work done on a job site that alters the existing conditions of a property. Construction Staging Plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage, and construction trailer(s) location, as applicable. The staging plan may be combined on the same plan sheet as the Pollution Control Plan. Convenience Retail Store means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Crosswalk means a pathway delineated on a street for pedestrians to cross. Critical Facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement. Dedicated Real Property Interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency. Density, Dwelling Units per Acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 29 units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design Standard means any standard that sets forth specific requirements for development improvements. Detention Basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property, or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste, or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 32 Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee Housing means that housing used exclusively for persons employed in Eagle County. Environmentally Sensitive Area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities, and ridge lines. Family means an individual living alone, or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Family Child Care Home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to C.R.S. §26-6-106(2)(p). Farm Animal means animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 33 (c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as earth carried by a current of water and deposited along the path of the current. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding sources that can be used to determine BFE for some areas. Floodplain or Flood-prone Area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. Floodplain or Flood Hazard Area means an area which has been designated by FEMA as susceptible to flooding. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot a designated height. The Colorado statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5) foot. Footprint, also called Ground Level Footprint, means the outline of the total area which is covered by a building’s perimeter at ground level. Foster Care Home means a facility that is certified by the county department of social services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Functional Open Space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances, or other hazards to the public. Garage, Parking means a building or portion thereof, either public or private, used only for parking of motor vehicles. Geologic Hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government Services, Offices and Facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 35 Highway Corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the State Highway. Historic Preservation Advisory Committee means a five-person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Home Occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit. Home Office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue, or any activity associated with a non- profit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person, to enter the property on which the dwelling unit is located; (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes, or County health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. Homeowners Association means the association set up to enforce the covenants and maintain all common areas and buildings for a development (also known as “Owners Association”). Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training and central services facilities and staff offices. Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms use primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 37 Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. Large Retail Establishment means a retail establishment, or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA’s official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA’s modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading Space means an off-street space or berth on the same lot with a building, or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Long-term Care Facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four (24) hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty- four (24) hour per day nursing services under the direction of a registered professional nurse employed full time. (c) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) hour per day nursing services are required. Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder, or when not so platted in a recorded Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 38 subdivision, a parcel of real property abutting upon at least one public street and held under separate ownership. Lot Area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot Coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot Depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot Line, front means the property line dividing a lot from a street. Lot Line, rear means the line opposite the front lot line. Lot Line, side means any lot lines other than the front lot line or rear lot line. Lot Size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot Width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured Home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 45 Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term “slope.” Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year, i.e., the 100-year floodplain. Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street including landscaping, sidewalks, medians, lighting, street furniture, and signage. Structure means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites, or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid Earth’s surface. Subsidence may be due to natural geologic processes or man’s activity such as coal mining. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “Start of Construction” of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred “Substantial Damage”, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, (b) Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure” Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem Parking means parking two (2) cars in a driveway or parking space so that one car is right in front of the other and the front car can not move until the back car is moved. Temporary Use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use, and shall not include continuing a nonconforming use or building. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 52 (e) Delegate any duty set forth in this Development Code to another official within the Community Development Department when determined appropriate and efficient by the Director. 7.12.060 Other Departments and Agencies The Town may request review and input of applications from other Town boards, commissions, departments, other governmental agencies, and non-government agencies, as determined appropriate considering the nature of the application. 7.12.070 Historic Preservation Advisory Committee (a) Establishment and Purpose. There is hereby established a Historic Preservation Advisory Committee (HPAC) of the Town. The purposes of the HPAC are as follows: (1) To promote the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures; (2) Foster civic pride in the beauty and accomplishments of the past; (3) Protect and enhance the Town’s attraction to tourists and visitors and increase the quality of life of the residents; (4) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; (5) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; (6) Integrate historic and/or cultural preservation with the Town of Avon Comprehensive Plan; (7) Maintain the Town’s unique character by recognizing the importance of preservation and renewing the Town’s legacy for present and future generations; (8) Discourage the unnecessary demolition of historic and/or cultural resources; (9) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; (10) Encourage the conservation of historic settings and landscapes; (11) Promote retention of historical integrity in the context of proposed land use. (b) Duties. The HPAC shall have the following functions and duties: (1) Recommend Historic and/or Cultural Landmarks which meet the Landmark Designation Criteria to the Town Council; Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 53 (2) Review Applications for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historical and/or Cultural Landmark and make recommendations to the Planning and Zoning Commission. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 54 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 Director PZC TC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment (§7.16.040) R H-R H-D Zoning AmendmentRezoning (§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 Subdivision (§7.16.070) Administrative Subdivision D A Minor Subdivision R H-D Preliminary Plan R H-R H-D Final Plat R H-D Development Plan (§7.16.080) Minor D A Major R HR-D A Major in Town Core R H-R HR-D Design Review (§7.16.090) R-D or R HR-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 HR-D or H-R A or HR-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 7.16.020 General Procedures and Requirements. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 58 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. Mailed notice shall be required for annexation, zoning amendments, major subdivision, planned unit development, rezoning, right-of-way vacation, and variance, and vested property right applications. (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 maximum of sixty-five (65) 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. The reviewing authority shall have thirty-five (35) days Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 62 (3) The text amendment promotes or implements the purposes stated in this Development Code; or (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 AmendmentsRezonings. 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 amendmentrezoning shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for zoning amendmentsrezonings 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 amendmentsrezonings 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 amendmentsrezonings after conducting a public hearing. Zoning amendmentsRezonings 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 amendmentsrezonings: (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; Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 63 (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; (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 amendmentsrezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. (d) Mitigation. Zoning amendmentsRezoning 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; Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 89 (d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent: (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 public way, place, structure, facility or utility; (4) Compatibility with surrounding land uses; and (5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including by not limited to traffic, noise, odors, vibrations, and property values. 7.16.160 Appeal. This section sets forth the procedures to appeal a decision of the Director or the PZC which is made pursuant to this Development Code. Only a final decision of the Director or the PZC may be appealed. Recommendations to a decision making authority are not subject to appeal. (a) Appeal Procedures. An appeal may be submitted by an applicant for a development approval or by a Town Council member. The appellant must provide a written request for appeal of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the date of the decision. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter timeframe and a different notification method. (b) Review Authority. The Town Council shall review appeals of decisions of the Director or PZC after conducting a public hearing. The Town Council shall render the final decision on an appeal. (c) Review Criteria. The Town Council shall use the applicable review criteria to the decision that is appealed. Town Council shall review decisions de novo. (d) Town Council Decision Final. A decision of the Town Council is final. An aggrieved person may appeal a decision of the Council to the district court or to another state or federal court of competent jurisdiction. (e) Decision. Council shall, in writing, confirm, modify, or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Council that results in action modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the modification or reversal. Action of the Council shall become final immediately. Failure of the Council to act within the forty (40) additional days shall be deemed action confirming the decision unless the applicant consents to an additional time extension. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 94 (2) Concentrate higher-intensity commercial and office employment growth efficiently in and around the town center and other centers of community activity; (3) Encourage mixed-use redevelopment, conversion, and reuse of aging and underutilized areas, and increase the efficient use of available commercial land in the town; (4) Create pedestrian-oriented environments that encourage transit use, pedestrian access, and more sustainable land use patterns; and (5) Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality, and are integrated with one another and the character of the area in which they are located. (b) Commercial and Industrial Commercial District Purposes: (1) Help implement the Avon Comprehensive Plan by accommodating a full range of office, retail, commercial, service, and mixed-uses needed by Avon’s residents, businesses, visitors, and workers; (2) Encourage site planning, land use planning, and architectural design that create an interesting, pedestrian-friendly environment where appropriate; (3) Maintain and enhance the Town’s economic base and provide shopping, entertainment and employment opportunities close to where people live and work; (4) Preserve, protect, and promote employment-generating uses; (5) Create suitable environments for various types of commercial and industrial uses and protect them from the adverse effects of incompatible uses; (6) Allow flexibility to encourage redevelopment and positive improvements to existing businesses and residences; (7) Minimize potential negative impacts of heavy impact nonresidential development on adjacent residential areas; and (8) Provide suitable locations for public and semipublic uses needed to compliment nonresidential development. 7.20.080 Mixed-Use and Commercial Districts Purpose Statements (a) Neighborhood Commercial (NC). The NC district is established to provide for a compatible mix of residential, small-scale neighborhood-serving commercial and civic uses. Townhouse, multi-family units, and limited commercial uses are allowed in this district. This district is intended to be placed in a neighborhood setting providing a comfortable and safe pedestrian environment and further enhancing the character of the neighborhood. The NC district implements the mixed-use classification of the Avon Future Land Use Plan and should be located along a collector roadway. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 95 Table 7.20-7 Dimensions for the Neighborhood Commercial District Mi n . L o t S i z e (a c r e s o r s q . f t . ) Mi n . L o t Wi d t h ( f e e t ) Ma x . L o t Co v e r a g e ( % ) Mi n . La n d s c a p e Ar e a ( % ) Mi n . F r o n t Se t b a c k ( f e e t ) Mi n . Si d e Se t b a c k ( f e e t ) Mi n . R e a r Se t b a c k ( f e e t ) Ma x . B u i l d i n g He i g h t ( f e e t ) Ma x . U n i t s / Bu i l d i n g Ma x . De n s i t y Re s i d e n t i a l [3] 40 50 [4] 20 5 min, 15 max 0 [1] 20 [2] 38 n/a7.5 du/acre [1] NC abutting a residential district shall match the side yard setback standards of that district. [2] When abutting a public street, alley, or public right-of-way. The rear setback for NC abutting a residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW. [3] Must meet density and setback requirements. [4] May be increased to 60% if employee housing mitigation is provided in accordance with §7.20.100. (1) Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds seven and one- half (7.5) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right allocation for the lot. The Town may accept cash-in-lieu of dedication in accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the Town Council in its sole discretion. (b) Mixed-Use Commercial (MC). The MC district is established to group and link places used for working, shopping, educating, and recreating with residential uses thereby creating a compact community form. This district allows commercial, office, civic, townhouse, and apartment uses, and along with Neighborhood Commercial is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion, and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. Table 7.20-8 Dimensions for the Mixed-Use Commercial District Mi n . L o t S i z e (a c r e s or s q . f t . ) Mi n . L o t Wi d t h ( f e e t ) Ma x . L o t Co v e r a g e ( % ) Mi n . La n d s c a p e Ar e a ( % ) Mi n . F r o n t Se t b a c k ( f e e t ) Mi n . Si d e Se t b a c k ( f e e t ) Mi n . R e a r Se t b a c k ( f e e t ) Ma x . B u i l d i n g He i g h t ( f e e t ) [3] 40 50 [4] 20 10 0 [1] 10 [2] 60 [1] MC abutting a residential district shall match the side setback of that district. [2] When abutting a public street, alley, or public right-of-way. The rear setback for MC abutting a residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW. [3] Must meet density and setback requirements. [4] May be increased to 70% if employee housing mitigation is provided in accordance with §7.20.100. (1) Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds twenty (20) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 169 (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 and minor subdivisions and all other subdivision, PUD and zoning amendmentsrezoning processes that do not result in an increase in density. (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 as expressly allowed in this section. This area may be credited toward open space requirements and minimum lot area requirements. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 179 (iii) Any slope exposed or created in new development shall be landscaped or revegetated with native or adapted trees and other native or adapted plant material. New vegetation shall be equivalent to or exceed the amount and erosion-control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects. (iv) On man-made slopes of twenty percent (20%) or greater, plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. The planting basin should be kept level with a raised berm around the base of the plant to help retain moisture. (v) To the maximum extent feasible, topsoil that is removed during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut-and-fill slopes. (vi) The plan shall also indicate a time frame for revegetation that is acceptable to the Town and that takes into account optimal seasonal growing conditions. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of species planted. (d) Flood Damage Prevention (1) Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (i) Protect human life and health; (ii) Minimize expenditure of public money for costly flood control projects; (iii) Minimize the need for rescue and relief efforts associated with flooding and that are generally undertaken at the expense of the general public; (iv) Minimize prolonged business interruptions; (v) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard; (vi) Help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas; and (vii) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2) Applicability. The flood damage prevention regulations of this section shall apply to all areas of special flood hazards (ASFH)Special Flood Hazard Areas (SFHA) Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 180 within the jurisdiction of Avon and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F). The Flood Insurance Study Rate Map (FIRM)(FIS) for Eagle County, Colorado and incorporated areas dated December 4, 2007, by the Federal Emergency Management Agencywith accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto serves as the basis for establishing the ASFHSFHA and is adopted by reference. The most recent version of the FIRM received by the Town is on file with the Town Clerk. (3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions for: (i) Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities; (ii) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (iii) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers that may help accommodate or channel floodwaters; (iv) Controlling filling, grading, dredging, and other development that may increase flood damage; and (v) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas. (4) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered nor shall any development occur without full compliance with the terms of this section and other applicable regulations. (5) Liability. The degree of flood protection intended to be provided by this section has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This section does not imply that the areas outside the ASFHSFHA or land uses permitted outside the ASFHSFHA will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this section create a liability on the part of, or a cause of action against the Town of Avon or any officer or employee of the Town for any flood damages that may result from reliance on this section or any administrative decision. (6) Conflicting Regulations. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where any provision of this section conflicts or overlaps with another provision of this Development Code including §7.28.100(b), Streams, Rivers, Waterbodies, and Wetlands; any state or federal Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 181 law; or any easement, covenant, or deed restriction then the more restrictive provision shall apply. (7) General Standards. In all areas of special flood hazards (ASFH)SFHA the following standards are required: (i) Construction Materials and Methods (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (ii) Utilities (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and (C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (iii) Subdivision Proposals (A) A subdivision proposal shall be consistent with the need to minimize flood damage; (B) A subdivision proposal shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain at least fifty (50) lots or five (5) acres. (iv) Effect of Development. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the ASFHSFHA. (v) Use Regulations. Uses shall be regulated in the ASFHSFHA and subareas of the ASFHSFHA pursuant to this subsection. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 182 (A) Prohibited Uses in Floodway. No development, encroachment, use, or alteration in, on, or over any part of the floodway shall be permitted that alone or cumulatively with other such uses would cause or result in: (1) The occupation of permanent or temporary structures. (2) The development or use of overnight campgrounds or travel trailer parks. (3) Uses that customarily include the use, storing, or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life during a time of flooding. Examples include, but are not limited to, junkyards, automotive shops, and dry cleaners. (4) Solid waste disposal sites and central collection sewage treatment facilities. (5) Uses that serve vulnerable populations with limited mobility (including, but not limited to child care facilities, elementary schools, and senior housing). (6) The potential of solid debris (including, but not limited to, garages, storage sheds, decks, or fences) or waste (including, but not limited to, septic systems, or portable toilets) being carried downstream. (7) An encroachment that would adversely affect the efficiency and capacity of the floodway, change the direction of flow, cause any increase in the base flood elevation, or cause foreseeable damage to others, wherever located. (8) An encroachment, including fill, new construction, substantial improvements, or other development unless certification by a registered professional engineer or architect is provided and demonstrates that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge. (9) Critical Facilities as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010. (10) Any use prohibited pursuant to §7.28.100(b)(4), Riparian Buffers. (B) Allowed Uses in Floodway. The following uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow, or increase the base flood elevation: Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 183 (1) Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting. (2) Recreational uses not requiring permanent or temporary structures designed for human habitation. (3) Uses accessory to residential uses including, but not limited to, lawns, open areas, gardens, driveways, and play areas. (4) Road and highway structures. (C) Prohibited Uses in Flood Fringe. No development or uses on or over any portion of the flood fringe shall be permitted that alone or cumulatively with other such development or uses would cause or result in any of the following: (1) The storage or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life in a time of flooding. (2) Solid waste disposal sites and central collection sewage treatment facilities. (3) The potential of solid debris (including, but not limited to. garages, storage sheds, decks, or fences) or waste (including, but not limited to, septic systems, or portable toilets) being carried downstream. (4) Critical Facilities as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010. (5) For additional restrictions, see §7.28.100(b)(4), Riparian Buffers. (D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood fringe and in areas removed from the floodplain by the issuance of a FEMA LOMR-F subject to the zoning designation the property and this subsection, and shall comply with the applicable standards of this subsection. (1) Residential Structures. Residential structures and uses are allowed provided that: (I) Any residential structure designed for human occupancy or the storage of property, shall be constructed, located, or improved so that any external wall shall be not less than thirty (30) feet from the stream side of the flood fringe. (II) The lowest floor, including the basement, electrical, heating, ventilation, plumbing, and air conditioning and other service facilities of any residential building or structure and Substantial Improvement to any Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 184 residential structure shall be not less than one foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation, compacted with slopes and protected by vegetated cover. (III) The lowest interior grade, including crawl spaces, of any residential building or structure shall not be lower than the lowest adjacent grade. (2) Nonresidential Structures and Uses. The following nonresidential structures or uses are allowed: (I) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, wild crop harvesting, and sod farming. (II) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking, and equestrian trails. (III) Open area nonresidential uses such as lawns, gardens, parking areas, and play areas. (IV) Uses accessory to open space or uses for which a permit is required under this section. (V) Railroads, streets, roads, bridges, utility lines and facilities, and structures for irrigation, drainage, or flood control. (3) Nonresidential Standards. Nonresidential structures or uses shall comply with the following: (I) Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (1) foot above the BFE; or together with attendant utility and sanitary facilities shall be flood proofed so that below one (1) foot above the computed BFE the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this subsection are satisfied. Such certifications shall be submitted to the Town Engineer or its designated representative and provide that where a non-residential structure is intended to be made watertight below one (1) foot above the BFE; (II) A registered professional engineer or architect in the State of Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 185 Colorado shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with current technical criteria; and (III) A record of such certificate that includes the specific elevation (in relation to the appropriate datum) that the structures are flood proofed. All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. The applicant shall provide the certifications to the Town Engineer. In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three feet per second at any point where the proposed development is to occur, then additional flood proofing shall be required sufficient to withstand such greater water velocity. (4) Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: (I) The recreational vehicle is located on the site for fewer than 180 thirty (30) consecutive days. (II) The recreational vehicle is fully licensed and ready for highway use. (8) Floodplain Development Permit. A floodplain development permit shall be obtained from the Town Engineer before the start of construction or development within the ASFHSFHA. (i) Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Town Engineer and shall include the following information as applicable: (A) Application Form. A completed application form with all necessary information completed. (B) Site Plan. A plan at a scale of one inch equals two hundred feet (1” = 200’) or as approved by the Town Engineer, stamped by an engineer registered in the Stated of Colorado, which includes: (1) The site location; (2) A legal description of parcel; (3) Base flood limits and water surface elevations; (4) Floodway limits; Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 188 (V) Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (VI) Electronic copies of all aforementioned data and model input files of this section shall be submitted on a suitable medium. (VII) LOMR to existing floodways shall continue to use the floodway criteria in place at the time of the adopted floodway delineation as approved by the Town Engineer. (G) Report. An engineering report addressing those standards set forth in this section, signed and sealed by a Colorado Registered Professional Engineer. (ii) Standards for Permit Review (A) Completeness. No later than ten (10) days following receipt of a completed application for a floodplain development permit, the Town Engineer shall: (1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying, mailings, publications, labor, overhead, consultants, experts, and attorneys that the Town deems necessary, and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Town Engineer, the application for the floodplain development permit shall not be further processed. (2) Determine if the application is complete. If the application is not complete the Town Engineer shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Town Engineer, the application for the floodplain development permit shall not be further processed. (3) The amount of the fee may be increased at any time if it is determined by the Town Engineer that the fee is not sufficient to cover all costs associated with the floodplain development permit. (B) Review of Application. Once the application is complete and the fee is paid, the Town Engineer shall within thirty (30) days either: (1) Approve the application and grant a permit if the proposed development complies with these regulations. The Town Engineer may attaché such permit conditions as deemed necessary in furthering the purpose of the ASFHSFHA. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 189 (2) Deny the application if the proposed development does not comply with the regulations of the ASFHSFHA. The decision of the Town Engineer shall state, in writing, reasons for the decision and shall be given to the applicant. (C) Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the ASFHSFHA and will not otherwise violate the purposes and intent of these Floodplain Regulations. (D) Determination of Flood Hazard. In reviewing an application for a floodplain development permit, the Town Engineer shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. (E) Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local, Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (F) Issuance of Permit. If the Town Engineer determines that the application for a floodplain development permit meets the purposes and requirements of this Section, the floodplain development permit shall be issued, with the attachments of any conditions as deemed necessary to further the purposes of this Section. Such conditions may include, but are not limited to, specification for modification of waste disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction, and adequate flood proofing. (iii) Building Permit. The Chief Building Official shall not issue any permit for, nor shall the Director allow any use involving any building, structure, or other development within the ASFHSFHA unless a floodplain development permit has been granted for the development. (iv) Permit Expiration. A floodplain development permit shall expire two (2) years after the date of issuance if the permittee has not commenced construction under the permit. (v) Waiver of Submission Requirements. The Town Engineer may waive any part but not all of the submission requirements imposed by the ASFHSFHA upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonable for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Town Engineer, upon written determination that the information to be submitted is sufficient for the Town Engineer to arrive at a permit decision in full compliance with the law and these Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 267 CHAPTER 7.50 Historic and/or Cultural Preservation Designated 7.50.010 Chapter Purpose This section sets forth procedures for reviewing proposed Historic and/or Cultural Landmark Designations in the Town. (a) Review Procedures. After receiving approval from the property owner(s), the Historic Preservation Committee shall recommend Historic and/or Cultural Landmarks to the Town Council. A public hearing is required with Town Council. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove Historic and/or Cultural Landmark designation after public hearing, at which the owner of the site or structure and all interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. (b) Review Criteria. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years or meets any of the following criteria: (1) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; and, (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (2) Prehistoric or Archeological Interest or Information: (i) Has character or is a place or point of interest that reflects prehistoric events or archeological interest. (3) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (iii) Is architecturally unique or innovative; and, Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 268 (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. (c) Incentives. The benefits of Historic Landmark designation may include the following: (1) Partial waiver of building permit fees; (2) Local property tax credits; (3) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and (4) Other appropriate incentives, also as determined by the Town Council. (d) Review of plans for sites and structures having designation. Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard. (1) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the proposed alteration appropriately relate to each other and to other structures in the vicinity; and, (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (2) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 269 (3) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. (e) Standards governing approval of development plans for sites and structures having designation. Any approved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (1) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; and, (2) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (3) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (4) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. (f) Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (1) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; (2) The structure is an imminent hazard to the health and safety of the public despite the owner’s efforts to properly maintain it; and, Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 270 (3) The structure is structurally unsound despite the owner’s efforts to properly maintain it. Exhibit A To Ordinance 13-14 Attachment A 2nd Tier Title 8 Amendments 2013 Update November 6, 2013 Page 8-27 NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the determination of the Building Official to the Town Council by giving written notice of such appeal to the Town Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice. (Ord. 06-06 §1; Ord. 86-18 §1(part)) 8.30.040 Effect of voluntary abatement. If the public nuisance is abated by the owner of any building or building activity which is in a condition of abandonment within the sixty-day period allowed in the notice of violation, the Building Official shall cease further abatement proceedings. (Ord. 06-06 §1; Ord. 86-18 §1(part)) 8.30.050 Abatement hearing – Town action – lien. (a) Further abatement proceedings may be pursued by the Town when the notice of violation as provided in Section 8.30.030 has been served and abatement of the public nuisance has not been accomplished within the sixty-day period. However, if abatement of the public nuisance has been commenced within the sixty-day period, the Building Official may grant a single extension of time for sixty (60) days for good cause shown, such as delays beyond the control of the affected party or parties. (b) In the event the owner of an abandoned building and/or building activity fails to abate the public nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed and/or the restoration of the property or premises to such a degree as, in the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a lien which may be foreclosed upon in the manner provided for the foreclosure of mechanic's liens. The amount of such lien shall bear interest at the rate of eighteen percent (18%) per annum from the date of assessment until the same has been paid. (Ord. 06-06 §1; Ord. 89-11 §1; Ord. 86-18 §1(part)) CHAPTER 8.32 Wildlife Protection 8.32.010 Purpose. The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. (Ord. 10-07 §3) 8.32.020 Definitions. As used in this Chapter, the following words or phrases are defined as follows: Attractant means any substance which could be reasonably expected to attract wildlife or does attract wildlife, including but not limited to food products, pet food, feed, compost, grain or salt. Centralized refuse container means any Dumpster or similar device used for the collection and storage of solid waste. Exhibit A To Ordinance 13-14 Attachment A 8-28 Refuse means any waste that could reasonably attract wildlife, including but not limited to kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease. Resident means any person, firm, corporation or organization within the Town or on Town- controlled land. Residential refuse container means any trash can or similar device used for the collection and storage of solid waste as defined in Section 8.12.010 of this Title that is not deemed wildlife-resistant by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. Special event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity or any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and inviting the public to participate with or without charge, whether held on public or private property. Town Manager means the Town Manager or designee responsible for enforcing the provisions of this Chapter and to whom all enforcement personnel are responsible. Wildlife means any undomesticated mammal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. Wildlife-proof refuse container means a fully enclosed metal container with a metal lid, such as a Dumpster. The lid must have a latching device of sufficient design and strength to prevent access by wildlife. Wildlife-proof refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife-proof refuse container if it is certified as such by an official designated by the Town. Wildlife-resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof. The structure must have a latching device of sufficient design and strength to prevent access by wildlife. The walls of the enclosure must extend to the ground, and the door can have no more than a three- eighths-inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be covered with a metal mesh or other material of sufficient strength to prevent access by wildlife. Wildlife-resistant enclosures are subject to both the Building Code and the ZoningDevelopment Code of the Town. All enclosures require development plan and design approval from the Town and may require a building permit at the discretion of the Building Official and in accordance with the Building Code. An enclosures of less than two hundred (200) square feet shall not require a building permitbut will require approval of a minor project application from the Town. An enclosure of two hundred (200) square feet or larger requires a building permit. A wildlife-resistant enclosure must be approved by an official designated by the Town. Wildlife-resistant refuse container means a fully enclosed container of sturdy construction, either plastic or any other material, which meets the definition of refuse container in Section 8.12.010 of this Title and which is reinforced to deter access by wildlife. The container must have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife. Wildlife-resistant refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife-resistant refuse container if it is certified as such by an official designated by the Town. (Ord. 10-07 §3) Exhibit A To Ordinance 13-14 Attachment A 15-5 CHAPTER 15.02 Definitions 15.02.010 Definitions. The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by this Title. Building Official means the person designated as the Building Official by the Town Manager. Person means any natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity, organization, association or association of any of the foregoing. Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title, or the Town Prosecutor. (Ord. 10-02 §3) CHAPTER 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations. (a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of this Title. (b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the property. The notice of violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. (Ord. 10-02 §3) Exhibit A To Ordinance 13-14 Attachment A 15-28 15.14.310 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (Ord. 10-02 §§2, 3) 15.14.320 Repeal. The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. (Ord. 10-02 §§2, 3) 15.14.330 Validity. If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 10-02 §§2, 3) CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption. The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 10-02 §§2, 3) 15.16.020 Additions or modifications. The 2009 International Mechanical Code is amended and changed in Sections 15.16.030 through 15.16.060 of this Chapter. (Ord. 10-02 §§2, 3) 15.16.030 Section 106.5.2 – Fee schedule. Section 106.5.2, Fee schedule, is repealed and reenacted to read as follows: "106.5.2 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." Exhibit A To Ordinance 13-14 Attachment A 15-29 (Ord. 10-02 §§2, 3) 15.16.040 Section 109 – Means of Appeal. Section 109, Means of Appeal, is repealed and reenacted as follows: "109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." (Ord. 10-02 §§2, 3) 15.16.043 Table 403.3 – Minimum Ventilation Rates. Table 403.3, Minimum Ventilation Rates, is hereby amended to add the following language: "Note 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 capital edition of the International Fire Code, Section 610.4.7." (Ord. 10-02 §§2, 3) 15.16.046 Section 903.3 – Unvented gas log heaters. Section 903.3, Unvented gas log heaters, is hereby amended to read as follows: "Unvented gas fireplaces are prohibited." (Ord. 10-02 §§2, 3) 15.16.050 Section 701 – Combustion Air, General. Section 701, Combustion Air, General, is amended by adding a new Section 701.6 as follows: "701.6 Type of construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." (Ord. 10-02 §§2, 3) 15.16.060 Section 902 – Masonry Fireplaces. Section 902, Masonry Fireplaces, is amended by deleting Section 902.1 and by adding the following language: "902.2 – Definitions. "1. New Technology Device means a solid-fuel-burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. "A new technology device is one which has EPA certification as an EPA Certified wood stove. Exhibit A To Ordinance 13-14 Attachment A 15-30 "2. EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non-catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. "Only new technology devices may be used as 'solid-fuel-burning devices' in the Town of Avon. "3. Gas appliance means a fully self-contained U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. "4. Solid-fuel-burning device means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non-liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. "5. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for noncatalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's website. Only new technology devices may be used as solid-fuel burning devices in the Town. Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology device means a solid-fuel-burning device which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology device is one which has EPA certification as an EPA certified wood stove. Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. "902.4 Regulations below the elevation of seven thousand eight hundred twenty feet. Exhibit A To Ordinance 13-14 Attachment A 15-31 "Below the elevation of seven thousand eight hundred twenty (7820) feet, no new wood-burning or solid-fuel-burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. "No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid-fuel-burning device. "Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA-approved wood-burning fireplace New Technology Device or one (1) Solid-Fuel-Burning Device in the lobby of any hotel or lodge, provided that a fee in the amount of three thousand dollars ($3,000.00) for a New Technology Device or six thousand dollars ($6,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for a building permit. "902.5 Regulations above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one (1) New Technology Device or one (1) Solid-Fuel-Burning Device shall be permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five hundred dollars ($1,500.00) for a New Technology Device or three thousand dollars ($3,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for permit; provided that no new wood-burning or other fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified New Technology solid-fuel-burning devices, gas appliances and gas fireplaces shall be permitted. "902.7 Coal usage prohibited. The burning of coal within the Town is prohibited." (Ord. 10-02 §§2, 3) 15.16.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Mechanical Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." (Ord. 10-02 §§2, 3) 15.16.310 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 10-02 §§2, 3) Exhibit A To Ordinance 13-14 Attachment A 15-32 15.16.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. (Ord. 10-02 §§2, 3) 15.16.330 Validity. If any section, subsection, sentence, clause or phrase of the 2009 International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 10-02 §§2, 3) CHAPTER 15.18 International Fuel Gas Code 15.18.010 Adoption. The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The 2009 International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2009 International Fuel Gas Code is on file in the Town Clerk's office and is available for inspection during regular office hours. (Ord. 10-02 §§2, 3) 15.18.020 Additions or modifications. The 2009 International Fuel Gas Code is amended and changed in Sections 15.18.030 through 15.18.070 of this Chapter. (Ord. 10-02 §§2, 3) 15.18.030 Organization and enforcement. Refer to the 2009 International Fuel Gas Code. (Ord. 10-02 §§2, 3) 15.18.040 Reserved. 15.18.050 Section 106 – Permits. Section 106, Permits, is amended as follows: "106.6 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town.)" (Ord. 10-02 §§2, 3) Exhibit A To Ordinance 13-14 Attachment A 15-39 (c) All manufactured homes, including mobile homes, shall comply with the installation requirements set forth in Part 31, Manufactured Home Installation, Section 24-32-3101, et seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing governing manufactured housing. (d) All manufactured homes must comply with either Section 24-32-701, C.R.S., governing labeling and construction compliance with state and federal standards or bear the red HUD label. (e) All manufactured homes shall be designed with the snow load requirements as set forth in Section 15.08.120 of this Code unless it complies with one (1) of the following: (1) An approved snow removal maintenance program; (2) A protective shelter built over the home, not connected to the home; or (3) A shelter designed by a professional engineer or architect. (Ord. 10-02 §3) 15.22.040 General requirements – factory-built units. (a) No person, firm or corporation shall place a factory-built unit within the Town without first obtaining a permit therefor from the Building Official. (b) No permit for a factory-built home or any alteration or addition thereto shall be issued unless the same complies with all requirements of the building code, including electrical, plumbing and mechanical, in effect in the Town at the time. (Ord. 10-02 §3) CHAPTER 15.24 Solid-Fuel-Burning Devices 15.24.010 Purpose and applicability. These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents of and visitors to the Town. These regulations are intended to protect air quality. (Ord. 10-02 §§2, 3) 15.24.020 Definitions. For the purposes of this Chapter, the following definitions shall have the meanings indicated: EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for noncatalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's website. Only new technology devices may be used as solid-fuel burning devices in the Town. Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Exhibit A To Ordinance 13-14 Attachment A 15-40 Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology device means a solid-fuel-burning device which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology device is one which has EPA certification as an EPA certified wood stove. Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. (Ord. 10-02 §§2, 3) 15.24.030 Regulations below elevation of seven thousand eight hundred twenty feet. Below the elevation of seven thousand eight hundred twenty (7,820) feet, no new wood-burning or solid-fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this Chapter becomes effective. No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid-fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA-approved wood-burning fireplace New Technology Device or one (1) Solid-Fuel-Burning Device in the lobby of any hotel or lodge; provided that a fee in the amount of three thousand dollars ($3,000.00) for a New Technology Device or six thousand dollars ($6,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for a building permit. (Ord. 10-02 §§2, 3) 15.24.035 Regulations above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one (1) New Technology Device or one (1) Solid-Fuel-Burning Device shall be permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five hundred dollars ($1,500.00) for a New Technology Device or three thousand dollars ($3,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for permit; provided that no new wood-burning or other fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. 15.24.040 Gas appliances. All gas-log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. (Ord. 10-02 §§2, 3) 15.24.050 Coal usage prohibited. The burning of coal within the Town is prohibited. (Ord. 10-02 §§2, 3) Exhibit A To Ordinance 13-14 Attachment A TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 13-06 SERIES OF 2013 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7, DEVELOPMENT CODE, TITLE 8, HEALTH AND SAFETY, AND TITLE 15, BUILDING AND CONSTRUCTION, OF THE AVON MUNICIPAL CODE 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; WHEREAS, the Town has adopted regulations to protect and maintain wildlife and these regulations need to be amended as to not conflict with the Building Code requirements; WHEREAS, the Town adopted the Avon Development Code (“ADC”) and find that the text must be amended periodically to address changed conditions, unintended consequences or changes in public policy; WHEREAS, the Planning and Zoning Commission (“PZC”), Town Council, and Staff have identified code sections that warrant amendments including the Definitions, Development Review Procedures and Review Activity, Mailed Notice, Rezoning, Appeal, Dimensions for Neighborhood Commercial District, and Flood Damage Prevention sections; WHEREAS, the PZC, Town Council, and Staff have identified the need for adoption of regulations establishing a Historic Preservation Advisory Committee and setting forth standards for Historic and/or Cultural Preservation Designated; WHEREAS, The Town Council initiated this code text amendment (“Application”) on April 3, 2013, pursuant to their powers granted by §7.16.040(a), Review Procedures, Avon Municipal Code (“AMC”); WHEREAS, Town has adopted regulations governing Buildings and Construction and these regulations need to be amended to provide consistency with the Development Code and between the regulations governing fireplaces; WHEREAS, the PZC held a public hearing on October 15, 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; WHEREAS, the PZC finds the Application complies with the review criteria set forth in §7.16.040(c), Review Criteria, AMC as described below; and, WHEREAS, it is the PZC’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments. Attachment B At t a c h m e n t B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 23 Annual High Water Mark means the visible line on the edge or a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one (1) year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. Applicant means an owner of real property, the owner’s representative, or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Appurtenances are the visible, functional, or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural Projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Automobile Repair Shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile Repair Shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof-like cover of canvas or other material extending in front of a doorway or window, or over a deck, to provide protection from the sun or rain. Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling, and over four (4) feet above the existing ground level. Basement means the definition of Basement as set forth in the most recent version of the International Building Code adopted by the Town of Avon. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year. Bed and Breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 27 Church or Place of Worship and Assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture houses or stage productions. Common Element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common Open Space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community Facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Town of Avon Comprehensive Plan; The West Town Center District Investment Plan; The East Town Center District Plan; The Master Plan for Harry A. Nottingham Park; The Town of Avon Recreational Trails Master Plan; and, The Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA’s comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting Walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance(s) to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 28 pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation Easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space, or historical importance. See also §38-30.5-102 C.R.S. Construction (Activity) means work done on a job site that alters the existing conditions of a property. Construction Staging Plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage, and construction trailer(s) location, as applicable. The staging plan may be combined on the same plan sheet as the Pollution Control Plan. Convenience Retail Store means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Crosswalk means a pathway delineated on a street for pedestrians to cross. Critical Facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement. Dedicated Real Property Interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency. Density, Dwelling Units per Acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 29 units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design Standard means any standard that sets forth specific requirements for development improvements. Detention Basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property, or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste, or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 32 Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee Housing means that housing used exclusively for persons employed in Eagle County. Environmentally Sensitive Area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities, and ridge lines. Family means an individual living alone, or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Family Child Care Home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to C.R.S. §26-6-106(2)(p). Farm Animal means animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 33 (c) Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as earth carried by a current of water and deposited along the path of the current. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding sources that can be used to determine BFE for some areas. Floodplain or Flood-prone Area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. Floodplain or Flood Hazard Area means an area which has been designated by FEMA as susceptible to flooding. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot a designated height. The Colorado statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5) foot. Footprint, also called Ground Level Footprint, means the outline of the total area which is covered by a building’s perimeter at ground level. Foster Care Home means a facility that is certified by the county department of social services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Functional Open Space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances, or other hazards to the public. Garage, Parking means a building or portion thereof, either public or private, used only for parking of motor vehicles. Geologic Hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government Services, Offices and Facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 35 Highway Corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the State Highway. Historic Preservation Advisory Committee means a five-person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Home Occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit. Home Office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue, or any activity associated with a non- profit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person, to enter the property on which the dwelling unit is located; (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes, or County health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. Homeowners Association means the association set up to enforce the covenants and maintain all common areas and buildings for a development (also known as “Owners Association”). Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training and central services facilities and staff offices. Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms use primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 37 Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. Large Retail Establishment means a retail establishment, or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA’s official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA’s modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading Space means an off-street space or berth on the same lot with a building, or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Long-term Care Facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four (24) hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty- four (24) hour per day nursing services under the direction of a registered professional nurse employed full time. (c) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) hour per day nursing services are required. Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder, or when not so platted in a recorded Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 38 subdivision, a parcel of real property abutting upon at least one public street and held under separate ownership. Lot Area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot Coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot Depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot Line, front means the property line dividing a lot from a street. Lot Line, rear means the line opposite the front lot line. Lot Line, side means any lot lines other than the front lot line or rear lot line. Lot Size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot Width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured Home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 45 Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term “slope.” Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year, i.e., the 100-year floodplain. Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street including landscaping, sidewalks, medians, lighting, street furniture, and signage. Structure means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites, or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid Earth’s surface. Subsidence may be due to natural geologic processes or man’s activity such as coal mining. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “Start of Construction” of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred “Substantial Damage”, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, (b) Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure” Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem Parking means parking two (2) cars in a driveway or parking space so that one car is right in front of the other and the front car can not move until the back car is moved. Temporary Use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use, and shall not include continuing a nonconforming use or building. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 52 (e) Delegate any duty set forth in this Development Code to another official within the Community Development Department when determined appropriate and efficient by the Director. 7.12.060 Other Departments and Agencies The Town may request review and input of applications from other Town boards, commissions, departments, other governmental agencies, and non-government agencies, as determined appropriate considering the nature of the application. 7.12.070 Historic Preservation Advisory Committee (a) Establishment and Purpose. There is hereby established a Historic Preservation Advisory Committee (HPAC) of the Town. The purposes of the HPAC are as follows: (1) To promote the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures; (2) Foster civic pride in the beauty and accomplishments of the past; (3) Protect and enhance the Town’s attraction to tourists and visitors and increase the quality of life of the residents; (4) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; (5) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; (6) Integrate historic and/or cultural preservation with the Town of Avon Comprehensive Plan; (7) Maintain the Town’s unique character by recognizing the importance of preservation and renewing the Town’s legacy for present and future generations; (8) Discourage the unnecessary demolition of historic and/or cultural resources; (9) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; (10) Encourage the conservation of historic settings and landscapes; (11) Promote retention of historical integrity in the context of proposed land use. (b) Duties. The HPAC shall have the following functions and duties: (1) Recommend Historic and/or Cultural Landmarks which meet the Landmark Designation Criteria to the Town Council; Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 53 (2) Review Applications for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historical and/or Cultural Landmark and make recommendations to the Planning and Zoning Commission. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 54 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 Director PZC TC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment (§7.16.040) R H-R H-D Zoning AmendmentRezoning (§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 Subdivision (§7.16.070) Administrative Subdivision D A Minor Subdivision R H-D Preliminary Plan R H-R H-D Final Plat R H-D Development Plan (§7.16.080) Minor D A Major R HR-D A Major in Town Core R H-R HR-D Design Review (§7.16.090) R-D or R HR-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 HR-D or H-R A or HR-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 7.16.020 General Procedures and Requirements. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 58 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. Mailed notice shall be required for annexation, zoning amendments, major subdivision, planned unit development, rezoning, right-of-way vacation, and variance, and vested property right applications. (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 maximum of sixty-five (65) 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. The reviewing authority shall have thirty-five (35) days Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 62 (3) The text amendment promotes or implements the purposes stated in this Development Code; or (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 AmendmentsRezonings. 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 amendmentrezoning shall follow the general review procedures set forth in §7.16.020, General Procedures and Requirements. Applications for zoning amendmentsrezonings 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 amendmentsrezonings 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 amendmentsrezonings after conducting a public hearing. Zoning amendmentsRezonings 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 amendmentsrezonings: (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; Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 63 (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; (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 amendmentsrezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. (d) Mitigation. Zoning amendmentsRezoning 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; Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 89 (d) Review Criteria. The PZC and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent: (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 public way, place, structure, facility or utility; (4) Compatibility with surrounding land uses; and (5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including by not limited to traffic, noise, odors, vibrations, and property values. 7.16.160 Appeal. This section sets forth the procedures to appeal a decision of the Director or the PZC which is made pursuant to this Development Code. Only a final decision of the Director or the PZC may be appealed. Recommendations to a decision making authority are not subject to appeal. (a) Appeal Procedures. An appeal may be submitted by an applicant for a development approval or by a Town Council member. The appellant must provide a written request for appeal of a decision of the Director or the PZC to the Town Clerk within fourteen (14) days after the date of the decision. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter timeframe and a different notification method. (b) Review Authority. The Town Council shall review appeals of decisions of the Director or PZC after conducting a public hearing. The Town Council shall render the final decision on an appeal. (c) Review Criteria. The Town Council shall use the applicable review criteria to the decision that is appealed. Town Council shall review decisions de novo. (d) Town Council Decision Final. A decision of the Town Council is final. An aggrieved person may appeal a decision of the Council to the district court or to another state or federal court of competent jurisdiction. (e) Decision. Council shall, in writing, confirm, modify, or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Council that results in action modifying or reversing the decision of a Town body or officer shall describe the specific reasons for the modification or reversal. Action of the Council shall become final immediately. Failure of the Council to act within the forty (40) additional days shall be deemed action confirming the decision unless the applicant consents to an additional time extension. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 94 (2) Concentrate higher-intensity commercial and office employment growth efficiently in and around the town center and other centers of community activity; (3) Encourage mixed-use redevelopment, conversion, and reuse of aging and underutilized areas, and increase the efficient use of available commercial land in the town; (4) Create pedestrian-oriented environments that encourage transit use, pedestrian access, and more sustainable land use patterns; and (5) Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality, and are integrated with one another and the character of the area in which they are located. (b) Commercial and Industrial Commercial District Purposes: (1) Help implement the Avon Comprehensive Plan by accommodating a full range of office, retail, commercial, service, and mixed-uses needed by Avon’s residents, businesses, visitors, and workers; (2) Encourage site planning, land use planning, and architectural design that create an interesting, pedestrian-friendly environment where appropriate; (3) Maintain and enhance the Town’s economic base and provide shopping, entertainment and employment opportunities close to where people live and work; (4) Preserve, protect, and promote employment-generating uses; (5) Create suitable environments for various types of commercial and industrial uses and protect them from the adverse effects of incompatible uses; (6) Allow flexibility to encourage redevelopment and positive improvements to existing businesses and residences; (7) Minimize potential negative impacts of heavy impact nonresidential development on adjacent residential areas; and (8) Provide suitable locations for public and semipublic uses needed to compliment nonresidential development. 7.20.080 Mixed-Use and Commercial Districts Purpose Statements (a) Neighborhood Commercial (NC). The NC district is established to provide for a compatible mix of residential, small-scale neighborhood-serving commercial and civic uses. Townhouse, multi-family units, and limited commercial uses are allowed in this district. This district is intended to be placed in a neighborhood setting providing a comfortable and safe pedestrian environment and further enhancing the character of the neighborhood. The NC district implements the mixed-use classification of the Avon Future Land Use Plan and should be located along a collector roadway. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 95 Table 7.20-7 Dimensions for the Neighborhood Commercial District Mi n . L o t S i z e (a c r e s o r s q . f t . ) Mi n . L o t Wi d t h ( f e e t ) Ma x . L o t Co v e r a g e ( % ) Mi n . La n d s c a p e Ar e a ( % ) Mi n . F r o n t Se t b a c k ( f e e t ) Mi n . Si d e Se t b a c k ( f e e t ) Mi n . R e a r Se t b a c k ( f e e t ) Ma x . B u i l d i n g He i g h t ( f e e t ) Ma x . U n i t s / Bu i l d i n g Ma x . De n s i t y Re s i d e n t i a l [3] 40 50 [4] 20 5 min, 15 max 0 [1] 20 [2] 38 n/a7.5 du/acre [1] NC abutting a residential district shall match the side yard setback standards of that district. [2] When abutting a public street, alley, or public right-of-way. The rear setback for NC abutting a residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW. [3] Must meet density and setback requirements. [4] May be increased to 60% if employee housing mitigation is provided in accordance with §7.20.100. (1) Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds seven and one- half (7.5) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right allocation for the lot. The Town may accept cash-in-lieu of dedication in accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the Town Council in its sole discretion. (b) Mixed-Use Commercial (MC). The MC district is established to group and link places used for working, shopping, educating, and recreating with residential uses thereby creating a compact community form. This district allows commercial, office, civic, townhouse, and apartment uses, and along with Neighborhood Commercial is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion, and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. Table 7.20-8 Dimensions for the Mixed-Use Commercial District Mi n . L o t S i z e (a c r e s or s q . f t . ) Mi n . L o t Wi d t h ( f e e t ) Ma x . L o t Co v e r a g e ( % ) Mi n . La n d s c a p e Ar e a ( % ) Mi n . F r o n t Se t b a c k ( f e e t ) Mi n . Si d e Se t b a c k ( f e e t ) Mi n . R e a r Se t b a c k ( f e e t ) Ma x . B u i l d i n g He i g h t ( f e e t ) [3] 40 50 [4] 20 10 0 [1] 10 [2] 60 [1] MC abutting a residential district shall match the side setback of that district. [2] When abutting a public street, alley, or public right-of-way. The rear setback for MC abutting a residential district shall be twenty (20) feet, regardless of the location of any street, alley, or ROW. [3] Must meet density and setback requirements. [4] May be increased to 70% if employee housing mitigation is provided in accordance with §7.20.100. (1) Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds twenty (20) dwelling units per acre or which exceeds the Single Family Equivalent (SFE) water right Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 169 (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 and minor subdivisions and all other subdivision, PUD and zoning amendmentsrezoning processes that do not result in an increase in density. (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 as expressly allowed in this section. This area may be credited toward open space requirements and minimum lot area requirements. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 179 (iii) Any slope exposed or created in new development shall be landscaped or revegetated with native or adapted trees and other native or adapted plant material. New vegetation shall be equivalent to or exceed the amount and erosion-control characteristics of the original vegetation cover in order to mitigate adverse environmental and visual effects. (iv) On man-made slopes of twenty percent (20%) or greater, plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. The planting basin should be kept level with a raised berm around the base of the plant to help retain moisture. (v) To the maximum extent feasible, topsoil that is removed during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut-and-fill slopes. (vi) The plan shall also indicate a time frame for revegetation that is acceptable to the Town and that takes into account optimal seasonal growing conditions. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of species planted. (d) Flood Damage Prevention (1) Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (i) Protect human life and health; (ii) Minimize expenditure of public money for costly flood control projects; (iii) Minimize the need for rescue and relief efforts associated with flooding and that are generally undertaken at the expense of the general public; (iv) Minimize prolonged business interruptions; (v) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard; (vi) Help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future flood blight areas; and (vii) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (2) Applicability. The flood damage prevention regulations of this section shall apply to all areas of special flood hazards (ASFH)Special Flood Hazard Areas (SFHA) Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 180 within the jurisdiction of Avon and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F). The Flood Insurance Study Rate Map (FIRM)(FIS) for Eagle County, Colorado and incorporated areas dated December 4, 2007, by the Federal Emergency Management Agencywith accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto serves as the basis for establishing the ASFHSFHA and is adopted by reference. The most recent version of the FIRM received by the Town is on file with the Town Clerk. (3) Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions for: (i) Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities; (ii) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (iii) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers that may help accommodate or channel floodwaters; (iv) Controlling filling, grading, dredging, and other development that may increase flood damage; and (v) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas. (4) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered nor shall any development occur without full compliance with the terms of this section and other applicable regulations. (5) Liability. The degree of flood protection intended to be provided by this section has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This section does not imply that the areas outside the ASFHSFHA or land uses permitted outside the ASFHSFHA will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this section create a liability on the part of, or a cause of action against the Town of Avon or any officer or employee of the Town for any flood damages that may result from reliance on this section or any administrative decision. (6) Conflicting Regulations. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where any provision of this section conflicts or overlaps with another provision of this Development Code including §7.28.100(b), Streams, Rivers, Waterbodies, and Wetlands; any state or federal Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 181 law; or any easement, covenant, or deed restriction then the more restrictive provision shall apply. (7) General Standards. In all areas of special flood hazards (ASFH)SFHA the following standards are required: (i) Construction Materials and Methods (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (ii) Utilities (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and (C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (iii) Subdivision Proposals (A) A subdivision proposal shall be consistent with the need to minimize flood damage; (B) A subdivision proposal shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain at least fifty (50) lots or five (5) acres. (iv) Effect of Development. Any proposed development shall be analyzed to determine effects on the flood-carrying capacity of the ASFHSFHA. (v) Use Regulations. Uses shall be regulated in the ASFHSFHA and subareas of the ASFHSFHA pursuant to this subsection. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 182 (A) Prohibited Uses in Floodway. No development, encroachment, use, or alteration in, on, or over any part of the floodway shall be permitted that alone or cumulatively with other such uses would cause or result in: (1) The occupation of permanent or temporary structures. (2) The development or use of overnight campgrounds or travel trailer parks. (3) Uses that customarily include the use, storing, or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life during a time of flooding. Examples include, but are not limited to, junkyards, automotive shops, and dry cleaners. (4) Solid waste disposal sites and central collection sewage treatment facilities. (5) Uses that serve vulnerable populations with limited mobility (including, but not limited to child care facilities, elementary schools, and senior housing). (6) The potential of solid debris (including, but not limited to, garages, storage sheds, decks, or fences) or waste (including, but not limited to, septic systems, or portable toilets) being carried downstream. (7) An encroachment that would adversely affect the efficiency and capacity of the floodway, change the direction of flow, cause any increase in the base flood elevation, or cause foreseeable damage to others, wherever located. (8) An encroachment, including fill, new construction, substantial improvements, or other development unless certification by a registered professional engineer or architect is provided and demonstrates that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge. (9) Critical Facilities as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010. (10) Any use prohibited pursuant to §7.28.100(b)(4), Riparian Buffers. (B) Allowed Uses in Floodway. The following uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow, or increase the base flood elevation: Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 183 (1) Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting. (2) Recreational uses not requiring permanent or temporary structures designed for human habitation. (3) Uses accessory to residential uses including, but not limited to, lawns, open areas, gardens, driveways, and play areas. (4) Road and highway structures. (C) Prohibited Uses in Flood Fringe. No development or uses on or over any portion of the flood fringe shall be permitted that alone or cumulatively with other such development or uses would cause or result in any of the following: (1) The storage or processing of materials that are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life in a time of flooding. (2) Solid waste disposal sites and central collection sewage treatment facilities. (3) The potential of solid debris (including, but not limited to. garages, storage sheds, decks, or fences) or waste (including, but not limited to, septic systems, or portable toilets) being carried downstream. (4) Critical Facilities as defined by the Department of Natural Resources, Colorado Water Conservation Board, Rules and Regulations for Regulatory Floodplains, Rule 6. Critical Facilities dated November 17, 2010. (5) For additional restrictions, see §7.28.100(b)(4), Riparian Buffers. (D) Allowed Uses in Flood Fringe. Uses shall be allowed within the flood fringe and in areas removed from the floodplain by the issuance of a FEMA LOMR-F subject to the zoning designation the property and this subsection, and shall comply with the applicable standards of this subsection. (1) Residential Structures. Residential structures and uses are allowed provided that: (I) Any residential structure designed for human occupancy or the storage of property, shall be constructed, located, or improved so that any external wall shall be not less than thirty (30) feet from the stream side of the flood fringe. (II) The lowest floor, including the basement, electrical, heating, ventilation, plumbing, and air conditioning and other service facilities of any residential building or structure and Substantial Improvement to any Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 184 residential structure shall be not less than one foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation, compacted with slopes and protected by vegetated cover. (III) The lowest interior grade, including crawl spaces, of any residential building or structure shall not be lower than the lowest adjacent grade. (2) Nonresidential Structures and Uses. The following nonresidential structures or uses are allowed: (I) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, wild crop harvesting, and sod farming. (II) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking, biking, and equestrian trails. (III) Open area nonresidential uses such as lawns, gardens, parking areas, and play areas. (IV) Uses accessory to open space or uses for which a permit is required under this section. (V) Railroads, streets, roads, bridges, utility lines and facilities, and structures for irrigation, drainage, or flood control. (3) Nonresidential Standards. Nonresidential structures or uses shall comply with the following: (I) Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (1) foot above the BFE; or together with attendant utility and sanitary facilities shall be flood proofed so that below one (1) foot above the computed BFE the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this subsection are satisfied. Such certifications shall be submitted to the Town Engineer or its designated representative and provide that where a non-residential structure is intended to be made watertight below one (1) foot above the BFE; (II) A registered professional engineer or architect in the State of Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 185 Colorado shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with current technical criteria; and (III) A record of such certificate that includes the specific elevation (in relation to the appropriate datum) that the structures are flood proofed. All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. The applicant shall provide the certifications to the Town Engineer. In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three feet per second at any point where the proposed development is to occur, then additional flood proofing shall be required sufficient to withstand such greater water velocity. (4) Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: (I) The recreational vehicle is located on the site for fewer than 180 thirty (30) consecutive days. (II) The recreational vehicle is fully licensed and ready for highway use. (8) Floodplain Development Permit. A floodplain development permit shall be obtained from the Town Engineer before the start of construction or development within the ASFHSFHA. (i) Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Town Engineer and shall include the following information as applicable: (A) Application Form. A completed application form with all necessary information completed. (B) Site Plan. A plan at a scale of one inch equals two hundred feet (1” = 200’) or as approved by the Town Engineer, stamped by an engineer registered in the Stated of Colorado, which includes: (1) The site location; (2) A legal description of parcel; (3) Base flood limits and water surface elevations; (4) Floodway limits; Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 188 (V) Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (VI) Electronic copies of all aforementioned data and model input files of this section shall be submitted on a suitable medium. (VII) LOMR to existing floodways shall continue to use the floodway criteria in place at the time of the adopted floodway delineation as approved by the Town Engineer. (G) Report. An engineering report addressing those standards set forth in this section, signed and sealed by a Colorado Registered Professional Engineer. (ii) Standards for Permit Review (A) Completeness. No later than ten (10) days following receipt of a completed application for a floodplain development permit, the Town Engineer shall: (1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying, mailings, publications, labor, overhead, consultants, experts, and attorneys that the Town deems necessary, and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Town Engineer, the application for the floodplain development permit shall not be further processed. (2) Determine if the application is complete. If the application is not complete the Town Engineer shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Town Engineer, the application for the floodplain development permit shall not be further processed. (3) The amount of the fee may be increased at any time if it is determined by the Town Engineer that the fee is not sufficient to cover all costs associated with the floodplain development permit. (B) Review of Application. Once the application is complete and the fee is paid, the Town Engineer shall within thirty (30) days either: (1) Approve the application and grant a permit if the proposed development complies with these regulations. The Town Engineer may attaché such permit conditions as deemed necessary in furthering the purpose of the ASFHSFHA. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 189 (2) Deny the application if the proposed development does not comply with the regulations of the ASFHSFHA. The decision of the Town Engineer shall state, in writing, reasons for the decision and shall be given to the applicant. (C) Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the ASFHSFHA and will not otherwise violate the purposes and intent of these Floodplain Regulations. (D) Determination of Flood Hazard. In reviewing an application for a floodplain development permit, the Town Engineer shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. (E) Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local, Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (F) Issuance of Permit. If the Town Engineer determines that the application for a floodplain development permit meets the purposes and requirements of this Section, the floodplain development permit shall be issued, with the attachments of any conditions as deemed necessary to further the purposes of this Section. Such conditions may include, but are not limited to, specification for modification of waste disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction, and adequate flood proofing. (iii) Building Permit. The Chief Building Official shall not issue any permit for, nor shall the Director allow any use involving any building, structure, or other development within the ASFHSFHA unless a floodplain development permit has been granted for the development. (iv) Permit Expiration. A floodplain development permit shall expire two (2) years after the date of issuance if the permittee has not commenced construction under the permit. (v) Waiver of Submission Requirements. The Town Engineer may waive any part but not all of the submission requirements imposed by the ASFHSFHA upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonable for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Town Engineer, upon written determination that the information to be submitted is sufficient for the Town Engineer to arrive at a permit decision in full compliance with the law and these Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 267 CHAPTER 7.50 Historic and/or Cultural Preservation Designated 7.50.010 Chapter Purpose This section sets forth procedures for reviewing proposed Historic and/or Cultural Landmark Designations in the Town. (a) Review Procedures. After receiving approval from the property owner(s), the Historic Preservation Committee shall recommend Historic and/or Cultural Landmarks to the Town Council. A public hearing is required with Town Council. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove Historic and/or Cultural Landmark designation after public hearing, at which the owner of the site or structure and all interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. (b) Review Criteria. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years or meets any of the following criteria: (1) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; and, (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (2) Prehistoric or Archeological Interest or Information: (i) Has character or is a place or point of interest that reflects prehistoric events or archeological interest. (3) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (iii) Is architecturally unique or innovative; and, Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 268 (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. (c) Incentives. The benefits of Historic Landmark designation may include the following: (1) Partial waiver of building permit fees; (2) Local property tax credits; (3) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and (4) Other appropriate incentives, also as determined by the Town Council. (d) Review of plans for sites and structures having designation. Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard. (1) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the proposed alteration appropriately relate to each other and to other structures in the vicinity; and, (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (2) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 269 (3) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. (e) Standards governing approval of development plans for sites and structures having designation. Any approved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (1) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; and, (2) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (3) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (4) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. (f) Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (1) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; (2) The structure is an imminent hazard to the health and safety of the public despite the owner’s efforts to properly maintain it; and, Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 270 (3) The structure is structurally unsound despite the owner’s efforts to properly maintain it. Exhibit A To Resolution 13-06 Attachment B 2nd Tier Title 8 Amendments 2013 Update November 6, 2013 Page 8-27 NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the determination of the Building Official to the Town Council by giving written notice of such appeal to the Town Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice. (Ord. 06-06 §1; Ord. 86-18 §1(part)) 8.30.040 Effect of voluntary abatement. If the public nuisance is abated by the owner of any building or building activity which is in a condition of abandonment within the sixty-day period allowed in the notice of violation, the Building Official shall cease further abatement proceedings. (Ord. 06-06 §1; Ord. 86-18 §1(part)) 8.30.050 Abatement hearing – Town action – lien. (a) Further abatement proceedings may be pursued by the Town when the notice of violation as provided in Section 8.30.030 has been served and abatement of the public nuisance has not been accomplished within the sixty-day period. However, if abatement of the public nuisance has been commenced within the sixty-day period, the Building Official may grant a single extension of time for sixty (60) days for good cause shown, such as delays beyond the control of the affected party or parties. (b) In the event the owner of an abandoned building and/or building activity fails to abate the public nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed and/or the restoration of the property or premises to such a degree as, in the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a lien which may be foreclosed upon in the manner provided for the foreclosure of mechanic's liens. The amount of such lien shall bear interest at the rate of eighteen percent (18%) per annum from the date of assessment until the same has been paid. (Ord. 06-06 §1; Ord. 89-11 §1; Ord. 86-18 §1(part)) CHAPTER 8.32 Wildlife Protection 8.32.010 Purpose. The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. (Ord. 10-07 §3) 8.32.020 Definitions. As used in this Chapter, the following words or phrases are defined as follows: Attractant means any substance which could be reasonably expected to attract wildlife or does attract wildlife, including but not limited to food products, pet food, feed, compost, grain or salt. Centralized refuse container means any Dumpster or similar device used for the collection and storage of solid waste. Exhibit A To Resolution 13-06 Attachment B 8-28 Refuse means any waste that could reasonably attract wildlife, including but not limited to kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease. Resident means any person, firm, corporation or organization within the Town or on Town- controlled land. Residential refuse container means any trash can or similar device used for the collection and storage of solid waste as defined in Section 8.12.010 of this Title that is not deemed wildlife-resistant by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. Special event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity or any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and inviting the public to participate with or without charge, whether held on public or private property. Town Manager means the Town Manager or designee responsible for enforcing the provisions of this Chapter and to whom all enforcement personnel are responsible. Wildlife means any undomesticated mammal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. Wildlife-proof refuse container means a fully enclosed metal container with a metal lid, such as a Dumpster. The lid must have a latching device of sufficient design and strength to prevent access by wildlife. Wildlife-proof refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife-proof refuse container if it is certified as such by an official designated by the Town. Wildlife-resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof. The structure must have a latching device of sufficient design and strength to prevent access by wildlife. The walls of the enclosure must extend to the ground, and the door can have no more than a three- eighths-inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be covered with a metal mesh or other material of sufficient strength to prevent access by wildlife. Wildlife-resistant enclosures are subject to both the Building Code and the ZoningDevelopment Code of the Town. All enclosures require development plan and design approval from the Town and may require a building permit at the discretion of the Building Official and in accordance with the Building Code. An enclosures of less than two hundred (200) square feet shall not require a building permitbut will require approval of a minor project application from the Town. An enclosure of two hundred (200) square feet or larger requires a building permit. A wildlife-resistant enclosure must be approved by an official designated by the Town. Wildlife-resistant refuse container means a fully enclosed container of sturdy construction, either plastic or any other material, which meets the definition of refuse container in Section 8.12.010 of this Title and which is reinforced to deter access by wildlife. The container must have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife. Wildlife-resistant refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife-resistant refuse container if it is certified as such by an official designated by the Town. (Ord. 10-07 §3) Exhibit A To Resolution 13-06 Attachment B 15-5 CHAPTER 15.02 Definitions 15.02.010 Definitions. The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by this Title. Building Official means the person designated as the Building Official by the Town Manager. Person means any natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity, organization, association or association of any of the foregoing. Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title, or the Town Prosecutor. (Ord. 10-02 §3) CHAPTER 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations. (a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of this Title. (b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the property. The notice of violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. (Ord. 10-02 §3) Exhibit A To Resolution 13-06 Attachment B 15-28 15.14.310 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (Ord. 10-02 §§2, 3) 15.14.320 Repeal. The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. (Ord. 10-02 §§2, 3) 15.14.330 Validity. If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 10-02 §§2, 3) CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption. The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 10-02 §§2, 3) 15.16.020 Additions or modifications. The 2009 International Mechanical Code is amended and changed in Sections 15.16.030 through 15.16.060 of this Chapter. (Ord. 10-02 §§2, 3) 15.16.030 Section 106.5.2 – Fee schedule. Section 106.5.2, Fee schedule, is repealed and reenacted to read as follows: "106.5.2 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." Exhibit A To Resolution 13-06 Attachment B 15-29 (Ord. 10-02 §§2, 3) 15.16.040 Section 109 – Means of Appeal. Section 109, Means of Appeal, is repealed and reenacted as follows: "109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." (Ord. 10-02 §§2, 3) 15.16.043 Table 403.3 – Minimum Ventilation Rates. Table 403.3, Minimum Ventilation Rates, is hereby amended to add the following language: "Note 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 capital edition of the International Fire Code, Section 610.4.7." (Ord. 10-02 §§2, 3) 15.16.046 Section 903.3 – Unvented gas log heaters. Section 903.3, Unvented gas log heaters, is hereby amended to read as follows: "Unvented gas fireplaces are prohibited." (Ord. 10-02 §§2, 3) 15.16.050 Section 701 – Combustion Air, General. Section 701, Combustion Air, General, is amended by adding a new Section 701.6 as follows: "701.6 Type of construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." (Ord. 10-02 §§2, 3) 15.16.060 Section 902 – Masonry Fireplaces. Section 902, Masonry Fireplaces, is amended by deleting Section 902.1 and by adding the following language: "902.2 – Definitions. "1. New Technology Device means a solid-fuel-burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. "A new technology device is one which has EPA certification as an EPA Certified wood stove. Exhibit A To Resolution 13-06 Attachment B 15-30 "2. EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non-catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. "Only new technology devices may be used as 'solid-fuel-burning devices' in the Town of Avon. "3. Gas appliance means a fully self-contained U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. "4. Solid-fuel-burning device means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non-liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. "5. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for noncatalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's website. Only new technology devices may be used as solid-fuel burning devices in the Town. Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology device means a solid-fuel-burning device which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology device is one which has EPA certification as an EPA certified wood stove. Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. "902.4 Regulations below the elevation of seven thousand eight hundred twenty feet. Exhibit A To Resolution 13-06 Attachment B 15-31 "Below the elevation of seven thousand eight hundred twenty (7820) feet, no new wood-burning or solid-fuel-burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. "No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid-fuel-burning device. "Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA-approved wood-burning fireplace New Technology Device or one (1) Solid-Fuel-Burning Device in the lobby of any hotel or lodge, provided that a fee in the amount of three thousand dollars ($3,000.00) for a New Technology Device or six thousand dollars ($6,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for a building permit. "902.5 Regulations above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one (1) New Technology Device or one (1) Solid-Fuel-Burning Device shall be permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five hundred dollars ($1,500.00) for a New Technology Device or three thousand dollars ($3,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for permit; provided that no new wood-burning or other fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified New Technology solid-fuel-burning devices, gas appliances and gas fireplaces shall be permitted. "902.7 Coal usage prohibited. The burning of coal within the Town is prohibited." (Ord. 10-02 §§2, 3) 15.16.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Mechanical Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." (Ord. 10-02 §§2, 3) 15.16.310 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 10-02 §§2, 3) Exhibit A To Resolution 13-06 Attachment B 15-32 15.16.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. (Ord. 10-02 §§2, 3) 15.16.330 Validity. If any section, subsection, sentence, clause or phrase of the 2009 International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 10-02 §§2, 3) CHAPTER 15.18 International Fuel Gas Code 15.18.010 Adoption. The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The 2009 International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2009 International Fuel Gas Code is on file in the Town Clerk's office and is available for inspection during regular office hours. (Ord. 10-02 §§2, 3) 15.18.020 Additions or modifications. The 2009 International Fuel Gas Code is amended and changed in Sections 15.18.030 through 15.18.070 of this Chapter. (Ord. 10-02 §§2, 3) 15.18.030 Organization and enforcement. Refer to the 2009 International Fuel Gas Code. (Ord. 10-02 §§2, 3) 15.18.040 Reserved. 15.18.050 Section 106 – Permits. Section 106, Permits, is amended as follows: "106.6 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town.)" (Ord. 10-02 §§2, 3) Exhibit A To Resolution 13-06 Attachment B 15-39 (c) All manufactured homes, including mobile homes, shall comply with the installation requirements set forth in Part 31, Manufactured Home Installation, Section 24-32-3101, et seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing governing manufactured housing. (d) All manufactured homes must comply with either Section 24-32-701, C.R.S., governing labeling and construction compliance with state and federal standards or bear the red HUD label. (e) All manufactured homes shall be designed with the snow load requirements as set forth in Section 15.08.120 of this Code unless it complies with one (1) of the following: (1) An approved snow removal maintenance program; (2) A protective shelter built over the home, not connected to the home; or (3) A shelter designed by a professional engineer or architect. (Ord. 10-02 §3) 15.22.040 General requirements – factory-built units. (a) No person, firm or corporation shall place a factory-built unit within the Town without first obtaining a permit therefor from the Building Official. (b) No permit for a factory-built home or any alteration or addition thereto shall be issued unless the same complies with all requirements of the building code, including electrical, plumbing and mechanical, in effect in the Town at the time. (Ord. 10-02 §3) CHAPTER 15.24 Solid-Fuel-Burning Devices 15.24.010 Purpose and applicability. These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents of and visitors to the Town. These regulations are intended to protect air quality. (Ord. 10-02 §§2, 3) 15.24.020 Definitions. For the purposes of this Chapter, the following definitions shall have the meanings indicated: EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for noncatalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's website. Only new technology devices may be used as solid-fuel burning devices in the Town. Gas appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Exhibit A To Resolution 13-06 Attachment B 15-40 Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology device means a solid-fuel-burning device which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology device is one which has EPA certification as an EPA certified wood stove. Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. (Ord. 10-02 §§2, 3) 15.24.030 Regulations below elevation of seven thousand eight hundred twenty feet. Below the elevation of seven thousand eight hundred twenty (7,820) feet, no new wood-burning or solid-fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this Chapter becomes effective. No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid-fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation, there shall also be permitted one (1) EPA-approved wood-burning fireplace New Technology Device or one (1) Solid-Fuel-Burning Device in the lobby of any hotel or lodge; provided that a fee in the amount of three thousand dollars ($3,000.00) for a New Technology Device or six thousand dollars ($6,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for a building permit. (Ord. 10-02 §§2, 3) 15.24.035 Regulations above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one (1) New Technology Device or one (1) Solid-Fuel-Burning Device shall be permitted in each new dwelling unit constructed, provided that a fee in the amount of one thousand five hundred dollars ($1,500.00) for a New Technology Device or three thousand dollars ($3,000.00) for a Solid-Fuel-Burning Device is paid at the time of application for permit; provided that no new wood-burning or other fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. 15.24.040 Gas appliances. All gas-log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. (Ord. 10-02 §§2, 3) 15.24.050 Coal usage prohibited. The burning of coal within the Town is prohibited. (Ord. 10-02 §§2, 3) Exhibit A To Resolution 13-06 Attachment B TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.12 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Dave Dantas, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Chris Evans was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny, Senior Planner Matt Pielsticker, Planner II Jared Barnes, as well as members from the public. 2. APPROVAL OF AGENDA Mayor Carroll noted that the first Executive Session was cancelled. 3. PUBLIC COMMENT Amy Phillips, Avon resident, spoke about 1) that slideshow presentations were highlighted on Channel 5 with the meeting coverage, 2) questioned if the town reviewed the 2006 West Town Center Plan related to pedestrian or vehicle use of the mall supporting the retail in that area. 4. ACTION ITEM 4.1. Resolution No. 13-30, Series of 2013, Replenishment Resolution, Authorization of the 2013 Cooperation Agreement between the Town and the Avon Urban Renewal Authority (Finance Director Scott Wright) Kim Crawford, representing Sherman & Howard Law Firm, presented the Resolution as an agreement that requires both Avon Town Council and Avon Urban Renewal Authority’s authorization and provides additional security for the Authority’s Series 2013 Bonds. The Resolution directs the Town Manager to appropriate funds for the replenishment of the reserve account of the URA and if at any time the reserve account falls below required levels are replenished by town funds. Mayor Pro Tem Goulding moved to approve Resolution No. 13-30, Series of 2013, Replenishment Resolution, Authorization of the 2013 Cooperation Agreement between the Town and the Avon Urban Renewal Authority; Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Evans absent). 5. WORK SESSION (ESTIMATED START TIME 5:30 P.M. – END TIME 7:30 PM) 5.1. Planning & Zoning Commission/Council Six Month Joint Work Session (Senior Planner Matt Pielsticker) 5.1.1. Mall/Avon Rd. Planning Update (Pedro Campos) All members of the Planning and Zoning Commission were present as well as Pedro Campos with Zehren and Associates and designer of the 2012 Mall Improvement Plans. He presented the plans with an expanded scope for the project to include the entire length of the Mall, Avon Road, and pedestrian and bicycle access along Benchmark Road to Avon Road. It was noted that the Avon Road medians, roundabouts, and way finding are included in the design work, with emphasis on new landscaping and implementation of pedestrian and bicycle accommodations to increase safety, encourage ridership and strengthen north-south and east-west traffic flow. Pedro presented design concepts for the project, seeking input and direction that would facilitate the development of schematic designs, which would then proceed through the public process for approval. It was noted that the design program and concepts have been developed by Pedro with Town of Avon staff, including representatives from planning, engineering and parks and recreation. Planning and Zoning Commissioners Phil Struve and Tab Bonidy have also joined this group. A meeting on the design was held with the adjoining property owners on November 11th, with two open house sessions TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.12 Minutes Page 2 planned after the Tuesday’s Work Session - one at Town Hall on December 3rd and a second on December 4th at the Fire Station in Wildridge. The estimated timeline taking into account construction coinciding with Wyndham landscaping work in summer 2014, was that the schematic plan needed to be completed by February 1st and construction documents and bidding set for a contract to be signed in time for Avon Road improvements to be completed prior to July 3rd and the Mall finished by early fall. There was a dialogue with the group about the presentation. There was consensus to attend the December 17 PZC meeting in order to participate in the final review of the Mall and Avon Road designs. 5.1.2. “Business Friendly” Review Environment There was some discussion about this topic that was raised at the February 26, 2013 joint session, per the Council’s desire to open a “business friendly” review environment. There was a review of the 2013-14 Strategic Plan that listed Economic Development as a high priority, including “working closely with the PZC to understand respective roles so that developers have a good sense of what can and what cannot be negotiated.” There was support from council about the work conducted by the commission, noting that there is always a balance to achieve with the development community. It was noted that pre planning meetings have been helpful and applications are then at a better review stage. 5.1.3. Appeal Process Members of PZC requested that the appeals process be discussed, and specifically, when a decision of PZC is appealed is Town Council applying the same guidelines/standards as PZC and/or evaluating the process by which PZC reviewed the application; or is Council conducting in essence a new and independent review of the application? What ability does the Council have that PZC may not have in approving a project which fall outside of the guidelines/standards? There was a conversation about the appeal process and whether or not the council acts as a judicial or legislative body when making decisions. Eric Heil, Town Attorney, reviewed the Municipal Code, noting that the review is DE novo which means they take a “new” review of the complete application. 5.2. Discussion of Funding Request for Augustana Senior Care Facility (Lisa Pease, Augustana Care, Tori Franks, Eagle County) Merv Lapin, community resident, presented information about the Castle Peak Senior Care Community Facility with a review of the capital funds that have been raised towards the $4.4 M. It was noted that Commissioner Sara Fisher, and former Commissioners John Stavney, Peter Runyon supported the endeavor with the land purchase. Jill Kottleson, Eagle County Housing Director, presented additional information about Augustana Care, the nonprofit organization involved in the project. Doris Detton and Dr. Tom Steinberg spoke about their support of the project. There was a request for an Avon council member to serve on their honorary committee. There were some discussions and there was general support from the Town Council for building this facility for the Eagle County community. The need to balance the spending for town initiated projects and county projects were discussed with a review of how the town has supported other county projects. The Town Manager was directed to budget $50K expenditure in the Housing Fund as Avon’s contribution to the capital campaign for the Augustana Care project. The council members did not commit to or want to encumber future councils with other funding payments from the housing fund for following years. The final budget would be presented at the November 26 meeting. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.12 Minutes Page 3 6. EXECUTIVE SESSION (The Executive Session was cancelled.) 7. ACTION ITEMS 7.1. License Agreement with Hoffmann Commercial Real Estate, Approving Construction and On- Going Maintenance of a Retaining Wall in Hurd Lane Right-of-Way (Senior Planner Matt Pielsticker) Mayor Pro Tem Goulding stepped down at this time due to a conflict of interest on this matter. The Town Council considered a revocable license agreement (Exhibit A) for landscaping improvements on Town Right-of-Way. It was noted that the improvements included replacing river rock boulder walls with a stone clad vertical retaining wall, stone columns on either side of Hurd Lane, as well as groupings of native grasses, boulders, and planting beds. All of the improvements would be constructed and maintained by the adjacent property owner, Hoffmann Commercial Real Estate. Staff noted that they provided the applicant with the standard Town of Avon License Agreement for review and comment. The landscape plan indicated the extent of the improvements (Exhibit B of council packet). Stephanie McClerk, Landscape Architects, spoke about the Hoffman Commercial Real Estate Company’s general overview for town improvements with the following highlights: goals & objectives, the southern master plan concepts (matching walls towards Westin), review of Hurd Lane intersection improvements and pedestrian circulations, Stone Wall concepts along Hurd Lane, review of gateway & railway opportunities, review of Christy Sports Building & parking area, review of northern master plan concept, review of vignettes for intersection/roadways, Annex building and Benchmark building enhancements to name a few. Councilor Dantas moved to approve the License Agreement with Hoffmann Commercial Real Estate, Approving Construction and On-Going Maintenance of a Retaining Wall in Hurd Lane Right-of-Way. Councilor Reynolds seconded the motion and it passed unanimously by those present. (Mayor Pro Tem Goulding abstained due to conflict of interest; Councilor Evans absent). 7.2. Approval of a Two-Year Extension of the Development Plan Approval for Beowulf Lot 7, Western Sage, pursuant to §7.16.020(h), AMC. - Reynolds Development Corporation (Senior Planner Matt Pielsticker) Mayor Pro Tem Goulding returned to the meeting at this time. Councilor Reynolds stepped down at this time due to a conflict of interest. It was noted that Community Development received a request for an extension of the Final Design approval for single-family house on Lot 7 of the Western Sage Subdivision in Wildridge. The Final Design was originally approved by the Planning and Zoning Commission (PZC) on November 18, 2008. It was noted that prior to the expiration of the approval, the property owner requested and received a one (1) year extension from PZC until November 16, 2011. A second extension, this time for two (2) years, was approved by the Town Council on August 23, 2011, which is set to expire on November 16, 2013. According to the Municipal Code, the Council may approve multiple extensions. For reference, the subject Design plans are attached as Exhibit B. The PZC unanimously approved the Final Design for this project subject to re-reviewing items prior to the issuance of a building permit (identified in council memo). Staff requested that the request is before the Town Council again so that they can determine whether an additional extension to this Final Design approval is appropriate given the amount of time that has elapsed since original approval. After some discussion, Councilor Fancher moved to approve the request for a Two- Year Extension of the Development Plan Approval for Beowulf Lot 7, Western Sage until November 16, 2015, with the following conditions TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.12 Minutes Page 4 1. The car turning radius out of the garage doors must be reviewed and approved by Staff with the review of an auto-turn analysis; 2. An improved Landscape Plan must be approved by PZC to address the landscaping below the lowest set of retaining walls 3. Grey Color is not approved and an alternate color must be approved by PZC. 4. Revised light fixtures must be reviewed and approved by Staff. 5. The PZC must re-review and approve the lowest retaining wall. 6. Applicant shall submit an updated land survey of the property depicting the location of the bike lane, utility easements, and any other encumbrances recorded against the property since the original approval, prior to the submittal of a building permit application. 7. The Final Design shall be revised if an up-dated land survey of the property reveals new conditions which will affect the functionality of the driveway access from Wildridge Road East and the location and size of the retaining walls. Councilor Dantas seconded the motion and it passed unanimously by those present. (Councilor Reynolds abstained due to conflict of interest; Councilor Evans absent). 7.3. Village of Avon Update (Eric Heil, Town Attorney) 7.3.1. Action, by Motion and Vote, on Extension of the Outside Date in the Closing Escrow Agreement Councilor Reynolds returned to the meeting at this time. The Town Attorney presented the Village at Avon updates related to the following topics: Water Tank Agreement: agreement is not ready at this time as the parties are continuing to work on revisions, including the form and amount of financial security and the timing of the conveyance of water rights as topics still being negotiated. Bond Closing: the closing has been set for 12/19/13 as the date to execute documents; documents have not yet been distributed to date. Extension of Outside Date: With the approval of the Master Receipt & Escrow Agreement (“Closing Escrow Agreement”) there is identified an outside date of November 13, 2013 that provides that either parties agree to extend this outside date or the closing escrow agreement and all other settlement documents approved to date would be automatically voided. It was noted that the proposed extension of the outside date is now proposed for January 31 2014 which allows the Town Council to consider the circumstances and status of settlement at its two regular meetings in January. He noted that currently tomorrow, 11/13/13, is the expiration of the outside date so an extension of the outside date is required so that the settlement can remain in progress. He noted that the town has received signed copies of the extension from all other parties. It was also noted that the suggested time frame provides ample time through the holidays for finishing the agreements; the add on retail sales fees are in place; and to take necessary steps to start the refinancing process. Mayor Pro Tem Goulding moved to approve the Extension of the Outside Date in the Closing Escrow Agreement to January 31, 2014; Councilor Fancher seconded the motion and it passed unanimously by those present (Councilor Evans absent). TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.12 Minutes Page 5 7.4. Consent Calendar 7.4.1. Minutes from October 22, 2013 Meeting (Town Clerk Patty McKenny) 7.4.2. Approval of 2013 Audit Engagement Letter (Finance Director Scott Wright) Councilor Fancher moved to approve the consent calendar; Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Evans absent). 8. WORK SESSION 8.1. Presentation of 2014 Snow Plow Routes & Hours of Operation (Road & Bridge Superintendent Gary Padilla & Interim Parks & Recreation Director John Curutchet) John Curutchet, Interim Recreation Director, presented the snowplow schedule & plans for 2013-2014 winter season noting the differences per the council packet memo. There was full support of the schedule. 8.2. Review of the 2014 Proposed Budget Capital Fund: Final 2014 Projects, including a Nottingham Park Stage Town Manager Virginia Egger noted that the Memo does not recommend any changes from the proposed budget, and a brief review was made of some of the key improvements as listed. There was some discussion about the stage and it was agreed to review the topic at a separate work session and possibly address the use of the land in the park area including the fire station town hall.. There were further comments made about creating a special arts district, the need to plan for the entire area, funding options for improvements, use of community enhancement funds. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR  Mayor Carroll presented an update on the Mayor/Managers meeting  Town Manager Egger presented an update on a Manager’s meeting  Councilor Wolf noted the music lineup for WinterWonderGrass  Mayor Carroll noted a meeting with representative who are interested in bringing a CEO leadership training conference to Avon  Town Manager Egger noted an update from CGI marketing/advertising firm retained by national league of cities to provide some videa on the town’s website  Town Manager Egger presented a brief update on the branding effort taking place, more to come.  Town Manager Egger presented an update to ERFPD meetings that are ongoing 10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Mayor Carroll moved to convene into Executive Session at 9:45 pm for purpose noted below; Councilor Goulding seconded the motion and the executive session began at 9:10 pm.  Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the purpose of discussing personnel matters related to the annual performance review of the Town Manager Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated 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, , TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.12 Minutes Page 6 Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Wolf, Town Manager Virginia Egger. Councilor Chris Evans was absent. The Executive Session adjourned and Mayor Carroll noted that regular meeting reconvened and asked if any 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 their objection at this time. There were no objections stated at this time. There being no further business to come before the Council and the regular meeting adjourned. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ 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 Update DATE: November 21, 2013 SUMMARY: This memorandum provides an update on the Village (at Avon) Settlement. Since the last update for the November 12, 2013 Council meeting, there has been no progress on resolving outstanding issues in the Water Storage Tank Agreement. Also, as of the date of this memorandum, I have not received drafts of bond documents. I understand that BNP Paribas and the Traer Creek entities have not realized any progress on resolving the outstanding issues between them. At this point, I expect that the December 19, 2013 scheduled Bond Closing date is no longer possible. The Town does not have any specific outstanding issues, therefore, there is not much that the Town can do other than to encourage the other parties and facilitate resolution where possible. REQUESTED ACTION: None at this time. Thank you, Eric M EMORANDUM & PLANNING, LLC FISCAL YEAR 2013 FINANCIAL REPORT November 26, 2013 ______________________________________________________________________________________ 1. Fiscal Year 2013 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – September 3. Real Estate Transfer Tax Report and Monthly Detail – October 4. General Fund Year-To-Date Expenditures- October 5. Fleet Maintenance Fund Year-To Date Expenditures- October 6. Transit Fund Year-To Date Expenditures- October TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 20, 2013 Re: Fiscal Year 2013 Financial Report – September/October 2013 Revenues: SALES TAX • Sales tax revenue for the month of September is up $50,569.13 (11.90%) over September 2012, and up 6.09% compared to the monthly budget. This gain includes approximately $24,000 from new businesses, therefore 6.25% is the actual gain in revenue for the month. Year to date sales tax collections are up $605,180.31 over 2012 and $382,946.93 over budget. • September collections report increases from 2012 for all industries except Sporting Goods Rental/Retail which was down $2,828 for the month. Revenue from Grocery, Specialty, and Health businesses are up $8,560 for the month compared to last year, and Other is up $10,850. ACCOMMODATIONS TAX • Accommodations tax revenue for September is up $2,416.13 (5.72%) compared to September 2012, and down (2.22%) compared to the monthly budget. Year-to-date accommodations tax collections are up $130,207.40 over 2012 and $83,754.81 over budget. • July accommodations tax collections are slightly down for Hotels, but up for Time Share and Vacation Rentals. Monthly revenue decreased in all areas of town except for the Riverfront/West River District and Town Center West, which are up $1,487 and $1,878 respectively. REAL ESTATE TRANSFER TAX • 2013 year-to-date real estate transfer tax collections equal $1,371,731.94, which is 91.45% of the current budgeted revenues. Collections are down ($40,231.30) compared to 2012. Expenditures: • General Fund expenditures at the end of October are tracking along the budget. At 83% of the way through the year, expenditures to date are at 78.63% of the budget. • Fleet expenditures to date are at 80.82% of the total budget. • Transit funds are 83.58% spent compared to the annual appropriation. These expenditures include $113,117 in matching funds applied toward the purchase of a new grant funded people mover. TOWN OF AVON SALES TAX WORKSHEET 2013 Actual vs. Budget Budget YTD Collections Budget % of change 2008 2009 2010 2011 2012 2013 2013 Variance from 2012 January 552,981.33$ 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 548,275$ 677,943.78$ 129,669.26$ 30.43% February 574,301.20 516,349.68 504,752.59 532,903.25 533,546.48 562,790 636,702.27 73,911.89 19.33% March 653,095.43 536,913.42 620,937.20 665,532.70 643,910.29 679,203 720,267.31 41,064.03 11.86% April 349,061.05 319,833.51 309,937.09 305,269.73 304,220.84 320,895 307,407.13 (13,488.18) 1.05% May 321,213.74 267,960.76 242,830.16 236,424.93 270,082.79 284,886 309,938.72 25,052.58 14.76% June 427,371.70 396,066.29 377,920.42 406,828.27 430,588.57 454,189 490,329.18 36,139.87 13.87% July 458,484.39 409,956.20 421,975.98 452,873.44 472,215.40 498,098 537,479.66 39,381.94 13.82% August 428,296.71 374,965.99 361,702.25 419,977.29 455,439.86 480,403 504,332.25 23,929.54 10.74% September 466,731.86 350,585.25 359,139.22 391,546.49 424,793.75 448,077 475,362.88 27,286.01 11.90% October 365,209.05 286,412.11 288,859.84 299,193.35 341,711.43 360,441 November 338,385.19 281,696.02 284,528.70 301,407.41 336,060.63 354,480 December 794,328.16 786,701.84 818,360.74 921,815.61 852,868.64 899,615 Total 5,729,459.81$ 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 5,891,352$ 4,659,763.18$ 382,946.93$ 14.93% Actual Collections $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 2009 2010 2011 2012 2013 Year Sales Tax Collections for September TOWN OF AVON SALES TAX WORKSHEET 2013 Actual vs. Budget $2,500,000 $2,700,000 $2,900,000 $3,100,000 $3,300,000 $3,500,000 $3,700,000 $3,900,000 $4,100,000 $4,300,000 $4,500,000 $4,700,000 2009 2010 2011 2012 2013 YTD Sales Tax Collections $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 Sales Tax Monthly Comparison 2010-2013 2010 2011 2012 2013 TOWN OF AVON ACCOMMODATIONS TAX WORKSHEET 2013 Actual vs. Budget Budget YTD Collections Budget % of change 2008 2009 2010 2011 2012 2013 2013 Variance 2012 January 77,721.98$ 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 97,438$ 108,508.43$ 11,070.57$ 20.41% February 83,157.06 83,502.22 99,336.34 114,035.90 106,016.32 114,626 137,503.61 22,877.20 29.70% March 87,240.86 84,909.85 105,518.15 122,145.16 115,043.42 124,387 153,208.80 28,822.16 33.17% April 22,161.73 26,821.29 26,496.88 26,214.58 20,786.24 22,474 26,494.49 4,020.10 27.46% May 16,208.09 19,090.36 12,425.51 15,152.82 16,664.44 18,018 24,527.17 6,509.33 47.18% June 30,012.07 34,439.33 32,857.68 49,999.66 56,012.17 60,561 66,578.91 6,017.73 18.87% July 33,302.03 47,864.32 51,170.82 62,928.07 66,726.73 72,146 73,008.92 863.00 9.41% August 29,326.28 39,155.19 42,188.56 52,037.55 58,358.93 63,099 67,688.07 4,589.53 15.99% September 21,214.32 21,134.69 30,090.34 35,521.81 42,245.24 45,676 44,661.37 (1,014.81) 5.72% October 21,856.62 17,043.78 20,614.06 21,801.56 25,879.51 27,981 November 20,737.61 15,268.58 20,582.47 24,971.33 22,786.42 24,637 December 86,199.66 96,847.30 98,561.90 135,984.00 112,759.02 121,917 Total 529,138.31$ 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 792,960$ 702,179.77$ 83,754.81$ 22.76% Actual Collections - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 40,000.00 45,000.00 2009 2010 2011 2012 2013 Accommodations Tax Collections for September TOWN OF AVON REAL ESTATE TRANSFER TAX WORKSHEET 2013 Actual vs. Budget YTD Collections $ change % of change 2008 2009 2010 2011 2012 2013 2012 2012 January 75,552.20$ 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ (27,669.00)$ -55.11% February 56,655.90 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69 14,122.62 33.83% March 77,054.50 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64 41,167.15 48.57% April 69,955.12 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80 (74,758.00) -34.11% May 66,714.29 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12 (148,386.00) -54.92% June 105,872.10 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74 (78,730.73) -46.58% July 60,194.74 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78 315,377.38 443.83% August 108,981.45 87,827.30 88,823.40 106,785.21 232,505.93 97,579.70 (134,926.23) -58.03% September 684,005.20 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67 60,621.33 62.89% October 711,661.23 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80 (7,049.82) -3.99% November 621,085.67 131,944.57 115,654.16 98,057.44 150,549.86 December 455,288.84 336,431.50 236,117.45 198,448.03 145,134.57 Total 3,093,021.24$ 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,371,731.94$ (40,231.30)$ -2.85% Budget 1,500,000$ Variance, Favorable (Unfavorable)(128,268.06) Actual Collections $1,000,000.00 $1,050,000.00 $1,100,000.00 $1,150,000.00 $1,200,000.00 $1,250,000.00 $1,300,000.00 $1,350,000.00 $1,400,000.00 $1,450,000.00 $1,500,000.00 $1,550,000.00 $1,600,000.00 $1,650,000.00 $1,700,000.00 $1,750,000.00 $1,800,000.00 $1,850,000.00 $1,900,000.00 2009 2010 2011 2012 2013 YTD Real Estate Transfer Tax Collections Town of Avon Real Estate Transfer Tax October 2013 Collections Detail Purchaser Name Property Amount Received Balance Forward 1,201,892.14$ Heritage Title/Beaver Creek Landing A204 851 W Beaver Creek Blvd #B-7 3,100.00 Land Title/Pacheco 175 Lake St Unit #404, wk1 (Falcon Pointe)45.00 Land Title/Harrison 175 Lake St Unit #110, wk7 (Falcon Pointe)15.00 Land Title/Harrison 175 Lake St Unit #311, wk7 (Falcon Pointe)15.00 Title Co of the Rockies/McCormick Christie Lodge #243, wk 26 & #204, wk 18 218.00 Chicago Title Westin Riverfront #13-42 354.00 Chicago Title Westin Riverfront #13-41 870.00 Title Co of the Rockies/Multiple Buyers Christie Lodge Multiple Units and Weeks 1,566.00 Title Co of the Rockies Mtn Vista #13-43 434.00 Stewart Title/Hermanns 360 Hurd Ln, #G-102 (Canyon Run)12,300.00 Stewart Title/Turnbull 1040 W Wildwood Rd #B 4,760.00 Land Title/Bell Colorado LLC 4660 North Point #B (Ray Duplex)12,500.00 Land Title/Francis 3028 Wildridge Rd, Lot 5 (Sunflower Townhomes)4,360.00 Land Title/Haitz Living Trust 175 Lake St Unit #110, wk50 (Falcon Pointe)15.00 Land Title/Haitz Living Trust 176 Lake St Unit #211, wk12 (Falcon Pointe)15.00 Title Co of the Rockies/Junker 1050 W Beaver Creek Blvd, #D-303 (Sunridge)893.05 Title Co of the Rockies Mtn Vista #13-42 616.00 Land Title/Hirequest Financial, LLC 177 Lake St #19 (Avon Lake Villas)7,000.00 Title Co of the Rockies Mtn Vista #13-36 44.76 Chicago Title Mtn Vista #13-37 232.03 Chicago Title Westin Riverfront #13-39 436.00 Chicago Title Westin Riverfront #13-40 517.60 Land Title/Clements 175 Lake St Unit #402, wk10 (Falcon Pointe)60.00 Land Title/Soto and Artemova 510 Nottingham Rd #B 3,440.00 Land Title/Clements 175 Lake St Unit #101, wk48 (Falcon Pointe)120.00 Stewart Title/DesCombes 1061 W Beaver Creek Blvd #H-101 (Sunridge)1,160.00 Sarah J Baker PC 2300 B Saddle Ridge Rd 6,410.36 Title Co of the Rockies Mtn Vista #13-41 536.00 Title Co of the Rockies Mtn Vista #13-40 467.00 Christie Lodge Christie Lodge #357, wk 7 60.00 Land Title/Tress & Hejaily 1061 W Beaver Creek Blvd #L-103 (Sunridge)4,200.00 Land Title/Dubel & Yarrow 2680 Beartrap Rd #A 13,300.00 Land Title/Valentine 2140 Saddle Ridge Lp #1 7,600.00 Stewart Title/Davis 1050 W Beaver Creek Blvd, #D-204 (Sunridge)700.00 Stewart Title/Woolf 3000 Eaglebend Dr #2 12,380.00 Land title/Marshall 300 Hurd Ln #E-101 (Canyon Run)12,900.00 Land title/Dorr 2610 Beartrap #B 21,800.00 Land Title/Jaksha 2037 Buck Creek Rd 12,400.00 Land Title/Costa & Oppenheimer 126 Riverfront Ln #209 22,000.00 Total August Revenue 169,839.80 Total YTD Revenue 1,371,731.94 Total 2013 Budget 1,500,000.00 Variance, Favorable (Unfavorable)(128,268.06)$ Section I, Page 4 2013 Dept./Div.Budget Encumbrances Year To Date Available Number Description Amended 6/11/13 Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 177,734$ 20$ 165,431$ 12,283$ 93.09% 112 Boards and Commissions 15,307 - 10,808 4,499 70.61% 113 Town Attorney 250,000 88,790 195,870 (34,660) 113.86% 115 Town Clerk 107,410 8,802 66,594 32,014 70.19% Total Legislative 550,451 97,612 438,703 14,136 97.43% Judicial: 121 Municipal Court 115,054 7,321 94,141 13,592 88.19% Executive: 131 Town Manager 262,907 1,144 220,502 41,261 84.31% 132 Human Resources 272,385 2,347 220,307 49,731 81.74% 133 Community Relations 117,085 1,638 68,262 47,185 59.70% 134 Economic Development 167,875 - 113,869 54,006 67.83% Total Executive 820,252 5,129 622,940 192,183 76.57% Finance Department: 141 Finance 704,588 505 536,262 167,821 76.18% 143 Information Systems 318,554 22,485 235,443 60,626 80.97% 149 Nondepartmental 325,087 15,453 293,446 16,188 95.02% Total Financial Administration 1,348,229 38,443 1,065,151 244,635 81.86% Total General Government 2,833,986 148,505 2,220,935 464,546 83.61% Community Development: 211 Administration 46,502 3,982 31,400 11,120 76.09% 212 Planning 237,158 300 177,445 59,413 74.95% 213 Building Inspection 126,485 - 93,203 33,282 73.69% Total Community Development 410,145 4,282 302,048 103,815 74.69% Police Department: 311 Administration 529,769 9,374 429,707 90,688 82.88% 312 Patrol 1,960,107 24,919 1,588,521 346,667 82.31% 313 Investigations 108,330 20 82,772 25,538 76.43% Total Police 2,598,206 34,313 2,101,000 462,893 82.18% Department Expenditure Summaries General Fund #10 January - October 2013 Expenditures to Date Section I, Page 5 2013 Dept./Div.Budget Encumbrances Year To Date Available Number Description Amended 6/11/13 Outstanding Expenditures Balance YTD/Budget Department Expenditure Summaries General Fund #10 January - October 2013 Expenditures to Date Public Works: 412 Engineering 259,859 233 161,299 98,327 62.16% 413 Roads and Streets 1,608,520 87,254 1,040,754 480,512 70.13% Total Public Works 1,868,379 87,487 1,202,053 578,839 69.02% Parks and Recreation: 513 Special Events 334,892 7,498 258,206 69,188 79.34% 514 Administration 263,219 10,892 202,290 50,037 80.99% 515 Adult Programs 35,505 28 19,234 16,243 54.25% 516 Aquatics 469,896 2,981 365,987 100,928 78.52% 517 Childcare 40,761 - 26,789 13,972 65.72% 518 Fitness 135,747 520 122,845 12,382 90.88% 519 Front Desk 232,795 2,634 162,603 67,558 70.98% 521 Youth Programs 133,209 1,793 99,841 31,575 76.30% 522 Cabin 52,033 - 3,770 48,263 7.25% 551 Parks & Grounds 912,009 38,499 703,165 170,345 81.32% 571 Buildings & Facilities 1,040,903 76,673 726,622 237,608 77.17% Total Parks and Recreation 3,650,969 141,518 2,691,352 818,099 77.59% TOTAL OPERATING EXPENDITURES 11,361,685$ 416,105$ 8,517,388$ 2,428,192 78.63% Section II, Page 1 2013 Budget Dept./Div.Amended Encumbrances Year To Date Available Number Description 6/11/13 Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,512,870$ 32,476$ 1,190,175$ 290,219$ 80.82% 435 Washbay 13,000 600 9,994 2,406 81.49% Total Operating Expenditures 1,525,870 33,076 1,200,169 292,625 80.82% TOTAL EXPENDITURES 1,525,870$ 33,076$ 1,200,169$ 292,625$ 80.82% Expenditure Summary Fleet Maintenance Enterprise Fund #61 January - October 2013 Expenditures to Date Section III, Page 1 2013 Budget Dept./Div.Amended Encumbrances Year To Date Available Number Description 6/11/13 Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 48,222$ 2,428$ 35,313$ 10,481$ 78.27% 432 Transit Operations 1,034,079 115,408 751,403 167,268 83.82% Total Operating Expenditures 1,082,301 117,836 786,716 177,749 83.58% TOTAL EXPENDITURES 1,082,301$ 117,836$ 786,716$ 177,749$ 83.58% Expenditure Summary Transit Enterprise Fund #52 January - October 2013 Expenditures to Date