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TC Council Packet 12-10-2013 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 10, 2013 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 12 10 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) REGULAR MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. PUBLIC HEARING and Action on Amplified Sound Permit with a Request by WinterWonderGrass to extend the Hours of Amplified Sound in Nottingham Park February 21, 22, 23, 2014, for the Music Festival - Event Producer Scott Stoughton (Special Events Supervisor Danita Dempsey) 4.2. Resolution No. 13-38, Series of 2013, Resolution Endorsing the West Slope Principles and Adopting the Eagle River Basin Principles for the Colorado Water Plan – Communication and Public Affairs Manager Diane Johnson (Mayor Pro Tem Todd Goulding) 4.3. Resolution No. 13-39, Series of 2013, Resolution Committing an Additional $150,000 from the Town of Avon Affordable Housing Fund Balance, Subject to Annual Appropriation, to Augustana Care, a nonprofit 501(c)(3), for the Castle Peak Senior Care Community (Town Manager Virginia Egger) 4.4. Resolution No. 13-40, Series of 2013, Resolution Accepting Four Parcels of Real Property from Tanavon Coporation and S&G Partnership (Senior Planner Matt Pielsticker) 5. INTRODUCTION OF EAGLE COUNTY SCHOOL SUPERINTENDENT DR. JASON GLASS 6. ACTION ITEMS - CONTINUED 6.1. PUBLIC HEARING on Second 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 (Senior Planner Matt Pielsticker) 6.2. Action on Intergovernmental Agreement with Eagle County for Geographic Information Services (GIS) (Senior Planner Matt Pielsticker) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 10, 2013 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 12 10 Page 2 6.3. Action on PowerPlan Corporation Software License Agreement (Finance Director Scott Wright) 6.4. Resolution No. 13-36, Series of 2013, Resolution Levying General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon, Colorado, for the 2014 Budget Year (Budget Analyst Kelly Huitt) 6.5. Resolution No. 13-37, Series of 2013, Resolution Levying General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon General Improvement District No. 1, Avon, Colorado for the 2014 Budget Year (Budget Analyst Kelly Huitt) 6.6. Minutes from December 10, 2013 Meeting (Town Clerk Patty McKenny) 7. WORK SESSION 7.1. Presentation by Vail Valley Mountain Bike Association on Trail Development and IMBA Ride Center Proposal (Jaime Malin, VVMBA) 7.2. Discussion of Review Process for the Town of Avon Residency Code and Ethics Code (Town Attorney Eric Heil) 7.3. Review of Options for Nottingham Park Stage Design (Town Engineer Justin Hildreth) 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.1. UERWA Meeting Update (Town Engineer Justin Hildreth on behalf of Mayor Pro Tem Goulding) 8.2. Eagle River Fire Protection District Task Force Meeting Update (Councilor Fancher, Councilor Reynolds) 9. COUNCIL COMMENTS 10. MAYOR REPORT AND FUTURE AGENDA ITEMS 11. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) 11.1. 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 12. Action on Amendment to Town Manager Employment Agreement (Town Manager Virginia Egger) 13. ADJOURNMENT FUTURE AGENDA ITEMS: January 14th: Work Session Discussions on 1) Contract Management Delegation, 2) Council Procedural Rules, 3) Council Appointments to Committees, Boards and Commissions, 4) Set Retreat Date, 5) Set Dates to meet w/ PZC & Eagle County Commissioners, 5) Resolution Setting Posting Locations TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 10, 2013 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET FINAL Avon Meeting Agenda 13 12 10 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: 7-Eleven Store 34209 Address: 008 Nottingham Manager: Maria Portareseu Type of License: 3.2% Beer Off Premise License 4.2. Applicant Name: Columbine Bakery Inc d/b/a Columbine Bakery Address: 51 Beaver Creek Place Manager: Daniel Niederhauser Type of License: Hotel and Restaurant Liquor License 5. SHOW CAUSE HEARING ON LIQUOR LICENSE V IOLATION 5.1. Avon Police Report No. 2013-000758 Applicant Name: Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen Address: 101 Fawcett Road Manager: Jennifer Brosch; Owner: Yong Hu Yuan Type of License: Hotel & Restaurant Liquor License Proposed Action: Resolution No. 13-02, Series of 2013, Resolution making the Determination that Y&ZM Inc. d/b/a Nozawa Sushi & Kitchen has violated a law, rule or regulation with respect to the operation of its licensed premises; and ordering a warning, suspension or payment in lieu of suspension per the Stipulated Findings of Fact, Conclusions and Sanctions Order (Eric Heil, Town Attorney) 6. MINUTES FROM NOVEMBER 26, 2013 7. ADJOURNMENT ALB Council Report Renewals.13.12.10 Page 1 REPORT TO AVON LIQUOR LICENSING AUTHORITY To: Avon Liquor Licensing Authority From: Patty McKenny, Assistant Town Manager/Town Clerk Date: December 4, 2013 Agenda topic: Renewal Applications for Liquor Licensing The Town Council serving as the Avon Liquor Licensing Authority will consider the following liquor license applications for renewal at its board meeting next week: RENEWAL OF LIQUOR LICENSES 1.1. Applicant Name: 7-Eleven Store 34209 Address: 008 Nottingham Manager: Maria Portareseu Type of License: 3.2% Beer Off Premise License 1.2. Applicant Name: Columbine Bakery Inc. d/b/a Columbine Bakery Address: 51 Beaver Creek Place Manager: Daniel Niederhauser Type of License: Hotel and Restaurant Liquor License Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals; applications for the renewal of an existing license shall be made to the local licensing authority. The Town Clerk, Town Attorney, and Police Department have reviewed the applications submitted referenced above and the materials are in order. The Police Report results show the following information: 1. 7 Eleven Store 34209: There have been no concerns during the past year. 2. Columbine Bakery : The restaurant failed a state liquor compliance check on May 23, 2013 with the details of a “Stipulation, Agreement, and Order SA 13-184” executed with the State of Colorado Liquor Enforcement Division and for a liquor code violation as follows: 1. Serving to an underage person on a State Liquor Enforcement Division compliance check occurring May 23, 2013, in violation of Colorado Liquor Code, Section 12-47-901(1)(a.5(I), C.R.S. The Stipulation, Agreement, and Order for this matter are attached; this document becomes part of the record for the licensee. In summary, the licensee admitted to the violation of and agreed to the following sanctions: 1.1. A nineteen (15) day suspension of Licensee’s Hotel and Restaurant Liquor License to take place as follows (details on page 2 of document): 1.1.1. License to be actively suspended for five days (September 3, 2013 through September 7, 2013) 1.1.2. During period of suspension, Licensee will post signs on its premises 1.1.3. Ten (10) days of suspension to be held in abeyance for a period of one (1) year, from date of approval of this agreement by State Licensing Authority, pending no further violations of Liquor Code. 1.1.4. Paid fine of $200 (20% of gross revenues from sales during a period of five days). According to the State Liquor Enforcement Division staff, this incident is something to consider during the renewal process. However, the State also informed us that it is not common for the local ALB Council Report Renewals.13.12.10 Page 2 authority to consider further action against the licensee, other than that imposed by the State per the stipulation document. The owner/managers have been invited to attend the Liquor Board meeting. During the liquor license renewal process, the Liquor Authority has broad discretion to consider any character issues related to the licensee holder at renewal in the same manner as granting a license. There have been various types of behavior, such as failure to pay taxes and fraud that have been held in the courts as valid reason to find the applicant does not possess character. The Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the application for renewal. It is also noted that a “yes or no action” only is required on renewals; there are no conditions that can be mandated in this process. Attachments:  State of Colorado Renewal Application Form  Stipulation, Agreement and Order for Columbine Bakery  Avon Police Department Summary Reports Memo Nozawa Violation Res. 13-02 HEIL rev Page 1 REPORT TO AVON LIQUOR LICENSING AUTHORITY To: Avon Local Liquor Licensing Authority From: Patty McKenny, Assistant Town Manager/Town Clerk Eric Heil, Town Attorney Date: December 4, 2013 Re: Show Cause Hearing for Nozawa Liquor License Violation The Town Council serving as the Avon Liquor Licensing Authority set a show cause hearing for the violation which occurred at Nozawa at the November 26th meeting. The police report is attached for reference. Case No. 2013-000758 Offender: Watcharee Webb, Employee of Nozawa Sushi & Kitchen Charge: Sale of Alcohol to Minor (Statute 9.12.070) Indicent Date: September 20, 2013 This police report informs the Local Liquor Licensing Authority about a violation that occurred on September 20, 2013 at Nozawa Sushi & Kitchen. Please note that the employee Watcharee Webb was issued a “Complaint and Summons” to Avon Municipal Court on November 6, 2013 for “Sale to Underage Minor during a “compliance check” conducted by Avon Police Department. The defendant pled guilty and was fined for this charge. At the November 26th meeting, the Avon Liquor Licensing Authority adopted Resolution No. 13-01 which set forth the matter to a hearing in front of the liquor licensing authority on December 10. Avon Municipal Code Section 5.08.060(a) states that the Town Attorney shall act as a legal representative and advocate on liquor authority matters. The Town Attorney, in consultation with the Police Chief, entered into a STIIPULATED FINDING OF FACT, CONCLUSIONS AND SANCTIONS ORDER (“Stipulation”) with the Licensee, which is attached as Exhibit A to this memorandum. ALB Resolution No. 13-02 would approve the penalties and sanctions as set forth in the Stipulation. The attached Resolution and Stipulation details the following: 1. The Parties agree that the liquor license for Licensee shall be suspended for twelve (12) days with five (5) days to be paid as a fine in lieu of actual days of suspension and seven (7) days to be held in abeyance for one (1) year until December 9, 2014, with the condition that no additional violations of state or local liquor regulations occur on or prior to December 9, 2014. If any additional violations of state or local liquor regulations occur on or prior to December 9, 2014, then the seven (7) days of suspension held in abeyance shall be immediately imposed upon a finding of the Liquor Authority that such violation occurred. 2. The Licensee and the Liquor Authority agree that the calculation of the fine in lieu of five (5) days of suspension is the equivalent of 20% of the Licensee’s gross revenues from sale of alcoholic beverages during the period of the proposed suspension, and that such fine amount is THREE HUNDRED FIFTY DOLLARS ($350.00). The Licensee will remit cash, certified check or cashier’s check to the Liquor License Administrator for $350.00, no later than December 14, 2013. If payment is not received by December 14, 2013 then the five (5) suspension shall be immediately imposed. Memo Nozawa Violation Res. 13-02 HEIL rev Page 2 The State Liquor Code Regulation 47-604 was reviewed when setting forth the terms and conditions of the Order; this regulation addresses “Compliance Check Penalties” and outlines the acceptable penalties that can be imposed on this type of offense. Regulation 47-604 states that penalty guideline as follows: B. Second Offense (within one year - A 5 to 30 day suspension, if no fine was paid or suspension served at the time of the first offense, it would be within the discretion of the licensing authority to accept a fine (within the provisions of C.R.S 12-47-601) in lieu of actual days of suspension and/or to hold a portion of the suspension time in abeyance for a period of time. The penalty is consistent with the guideline except that a fine in lieu of suspension was granted by the State for the first offense. The Avon Liquor Authority has the authority and option to (1) accept the Stipulation or (2) reject the Stipulation and set a hearing in the future with regard to the alleged violation and to determine the penalty. Owner Yong Hu Yuon, owner and Jennifer Brosh, Manager, will be present at the meeting. Attachments:  Resolution No. 13-02 & Exhibit A (Proposed Stipulated Findings of Fact, Conclusions and Sanctions Order)  Avon Police Department Incident/Investigation Report Case No. 2013-000758  State Liquor Code Regulation 47-604. Compliance Check Penalties PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ACTING AS THE LOCAL LICENSING AUTHORITY COUNTY OF EAGLE AND STATE OF COLORADO RESOLUTION NO. 13-02 SERIES OF 2013 IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE FOR Y & Z, INC. D/B/A NOZAWA SUSHI & KITCHEN FOR THE LICENSED PREMISES LOCATED AT 240 CHAPEL PLACE, AVON, COLORADO A RESOLUTION MAKING THE DETERMINATION 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; AND ORDERING A SUSPENSION WHEREAS, the Town Council of the Town of Avon, acting as the local licensing authority ("Liquor Licensing Authority"), has received a complaint from the Avon Police Department alleging that there was a violation of C.R.S §12-47-901(5)(c), concerning the sale of fermented malt beverage to a person under the age of 21 years and Avon Municipal Code §9.12.070, sale of alcohol to minors; WHEREAS, Licensee appeared by Yong Hu Yuon, owner and Jennifer Brosch, Manager, admitted the violation; WHEREAS, the Licensee and the Town Attorney have entered into a STIPULATED FINDING OF FACT, CONCLUSIONS AND SANCTIONS ORDER (“Stipulation”) attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, AS FOLLOWS: Section 1. The Avon Liquor Authority hereby accepts and adopts the Stipulation and finds and determines the following: The Licensee, Nozawa Sushi & Kitchen, admits a violation of §12-47-901(5)(c), C.R.S., concerning the sale of fermented malt beverage to a person under the age of 21 and §9.12.070, sale of alcohol to minors, Avon Municipal Code; and stipulates that the facts alleged in the Show Cause Order did occur on September 20, 2013 as they pertain to the sale of alcohol to a minor. The undersigned agree to the factual basis as outlined in the Stipulation. Section 2. The Avon Local Liquor Licensing Authority imposes a penalty as set forth in the Stipulation. Section 3. This Resolution shall be effective immediately upon adoption. RESOLUTION APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2013. TOWN OF AVON LIQUOR LICENSING AUTHORITY By_____________________________________ Rich Carroll, Chairman ATTEST: ___________________________ Patty McKenny, Town Clerk APPROVED TO FORM: ___________________________ Eric Heil, Town Attorney Regulation 47-604. Compliance Check Penalties When a licensing authority finds that a licensee has sold alcohol beverages to a minor and that said violation was investigated or detected by using a person under twenty-one years of age to purchase alcohol beverages from the licensee, the licensing authority may consider the following penalties to be imposed for the violation: A. 1 First Offense-(within one year) A written warning up to a 15 day suspension. Accepting a fine (within the provisions of C.R.S. 12-47-601) in lieu of up to 14 days of actual suspension is at the discretion of the licensing authority, as is holding a portion of the suspension time in abeyance for a period of time. 2. As an inducement for licensee to provide training for servers, because server training has proven to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has provided training to its staff members be issued only a warning on first violation. B. Second Offense (within one year - A 5 to 30 day suspension, if no fine was paid or suspension served at the time of the first offense, it would be within the discretion of the licensing authority to accept a fine (within the provisions of C.R.S 12-47-601) in lieu of actual days of suspension and/or to hold a portion of the suspension time in abeyance for a period of time. C. Third Offense (within one year) - 20 to 45 day suspension. D. Forth Offense (within two years) - 45 day suspension to revocation. E. Licensing Authorities may also consider mitigating and aggravating factors when considering the imposition of the penalty. These factors may include; 1. Action taken by the licensee to prevent violations, i.e. training of servers. 2. Licensee's past history of success of failure with compliance checks. 3. Corrective action (s) taken by the licensee. 4. Prior violations/prior corrective action (s) and its effectiveness. 5. Willfulness or deliberateness of the violation. 6. Likelihood of recurrence of the violation. 7. Factors which might make the situation unique, such as; a. Prior notification letter to the licensee that a compliance check would be forthcoming. b. The dress or appearance of the underage operative, i.e., the operative was wearing a high school letter jacket. 8. Licensee or manager is the violator or has directed an employee or other individual to violate the law. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.11.26 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 Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Dave Dantas 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: 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 Town Clerk Patty McKenny noted that the renewal application was in order. Board member Evans moved to approve the renewal of the Hotel and Restaurant Liquor License for Blackstar LLC d/b/a Food! by Marc; Board member Wolf seconded the motion and it passed unanimously by those present. (Board memberDantas absent). 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 Town Clerk Patty McKenny noted that the renewal application was in order. Owner Kent Beidel was present to answer questions and provide information about business hours, etc. Board member Wolf moved to approve the renewal of the Tavern License for NOVA Entertainment, LLC d/b/a Loaded Joe’s; Board member Evans seconded the motion and it passed unanimously by those present. (Board members Dantas absent). 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 Town Clerk Patty McKenny noted that the renewal application was in order. Board member Evans moved to approve the renewal of the Hotel & Restaurant Liquor License for Fork & Knife, Inc. d/b/a Blue Plate; Board member Wolf seconded the motion and it passed unanimously by those present. (Board members Dantas absent). 5. MINUTES FROM NOVEMBER 12, 2013 Board member Goulding moved to approve minutes from November 12, 2013; Board member Reynolds seconded the motion and it passed unanimously by those present. (Board member Dantas absent; Evans abstained since he was absent from that meeting). TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.11.26 Minutes Page 2 There being no further business to come before the Board, the meeting adjourned at 5:10 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 and Town Council From: Patty McKenny, Assistant Town Manager Danita Dempsey, Special Events Supervisor Date: December 4, 2013 Re: WinterWonderGrass Amplified Sound Application Permit Public Hearings for Outdoor Use of Amplified Sound SUMMARY: The Town of Avon (TOA) entered into a contract with WonderGrass, LLC for the production of the WinterWonderGrass Music and Brews Festival taking place February 21 – 23, 2014 in Harry A. Nottingham Park. The line-up of musicians is exceptional (see the attached press release). The number and quality of acts is the reason for the extended hours of play. The later times will allow for full acts to be performed. The Town Council is asked to consider approving an amplified sound permit as requested by Scott Stoughton, producer, for the WinterWonderGrass Music and Brews Festival Event on February 21-23, 2014. Public Hearings are required before action is taken. A public hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. in Nottingham Park (Avon Municipal Code Chapter 5.24.020). The WinterWonderGrass event is requesting an extension on February 21 and February 22 for an ending time in the park of 10:00 p.m. and on February 23 an extension for an ending time in the park of 9:00 p.m. The contract between TOA and WonderGrass, LLC includes the following language if the sound permit is not strictly adhered to: WWG shall pay a penalty of one hundred dollars ($100.00) per minute for music, public address announcements, or sound checks that occur before or after any time period in which such music or announcements are permitted. This 3-day festival, is bluegrass music and brews festival and will utilize amplification sound equipment on the main stage as well as two smaller side stages located in the north and south “beer halls”, see attached map. The public notice was printed in the Vail Daily notifying the public of the hearing for December 10, 2013. The application fee has been waived per contract with WonderGrass, LLC. The applicant Scott Stoughton will join the meeting via Skype on December 10th. STAFF REVIEW AND RECOMMENDATION: Town Council approved the “seeding" the WinterWonderGrass event and provided direction to enter in a contract which was finalized and executed on November 13, 2013. Staff believes WinterWonderGrass will grow into a signature event for the Town and become synonymous with Avon. Staff recommends approving the sound permit application to support the full program of performers. We do not find that the extended times on any evening will be an unreasonable burden on the surrounding neighborhood. BACKGROUND INFORMATION FOR ISSUING AMPLIFIED SOUND PERMITS: The “Administrative Procedures” adopted with Resolution No. 1988- 13 provide the framework for issuing this type of permit. The Council may consider some of the following in making its decision to issue the sound permit: 1. Following the public hearing, the Town Council may grant the application for a permit after consideration of: 1.1. Comments by the public. Council Memo: Amplified Sound Permit Applications Page 2 1.2. Necessity of the permit for the cultural, historical or social benefit of the community. 1.3. Proximity of the proposed location to residential neighborhoods. 1.4. Proposed direction of sound projection. 1.5. Screening of sound from neighboring properties. 1.6. Compatibility with other uses and activities in the vicinity. 2. The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. Attachments:  Applications for Outdoor Use of Amplified Sound Equipment  Diagram of Event in Nottingham Park showing amplified sound projections  Press Release 11/18/2013 PRESS RELEASE – for immediate release November 18, 2014 2nd Annual WinterWonderGrass Music and Brew Festival lands in Nottingham Park in Avon, Colorado –February 21st - 23rd, 2014 Avon, Co - The second annual WinterWonderGrass music and brew festival returns to the Vail Valley on February 21st for three nights of incredible music, local foods, craft beer and so much more. WinterWonderGrass is a unique, boutique outdoor winter music and beer festival highlighting bluegrass and acoustic roots music as well as Colorado’s finest craft breweries. The Festival takes place at Harry A. Nottingham Park in Avon, Colorado, with Beaver Creek Ski Resort as the perfect backdrop. The new location sits in the heart of Avon within walking distance to hotels, condos, shops, the Riverfront Gondola and public transportation. This year’s WinterWonderGrass line-up expands from long-time Bluegrass legends, Leftover Salmon and Sam Bush to upcoming bands fast on the rise, Greensky Bluegrass, The Infamous Stringdusters and Elephant Revival. Sam Bush will be joining Greensky Bluegrass for a full set, expanding on the relationship and exciting past musical collaborations. Alternately known as the King of Telluride and the King of Newgrass, Bush has been honored by the Americana Music Association and the International Bluegrass Music Association. "It's overwhelming and humbling," Bush says of his lifetime achievement award from the AMA. But honors are not what drive Sam Bush, "I didn't get into music to win awards," he says. "I'm just now starting to get somewhere. I love to play and the older I get the more I love it. And I love new things." Greensky Bluegrass is headlining two nights this year at WinterWonderGrass, one night with Sam Bush and one night on their own. If you're familiar with bluegrass music, then you're tuned in to some of what Greensky Bluegrass does. They're also known to throw a great party and write great songs. A few of the things that make Greensky stand out in the Bluegrass scene; Poignant rural ballads about real people, Dobro tone that Jerry (Douglas or Garcia) would love, Distortion Pedals, grit and attitude from a whiskey soaked card game, and that's just the tip of the iceberg. Returning for another year are Colorado favorites, The Infamous Stringdusters. Seven years ago the band’s first incarnation came together in one of the doorway jam sessions, which are the hallmark of the International Bluegrass Music Association’s annual convention. Their debut, Fork In The Road, tied with J.D. Crowe’s release for International Bluegrass Music Association, Album of The Year. The Stringdusters also won awards for Song of the Year and IBMA’s Emerging Artist of the Year. Those are all heavy honors in the bluegrass genre. Their third album, Things That Fly, produced a Grammy nomination for Best Country Instrumental. Grandfathering the Colorado bluegrass scene, Leftover Salmon will no doubt take over the entire town. Looking back over the past 25 years of rootsy, Americana, string-based music, the impact of Leftover Salmon is impossible to deny. Formed in Boulder, CO in 1989 the group was one of the first bluegrass bands to add drums and tour rock & roll bars, helping Salmon become a pillar of the jam band scene and unwitting architects of the jam grass genre. Wrapping up the stacked list of headliners are Elephant Revival. The five members of Elephant Revival share a deep commitment to certain ideals of community, harmony and recognizing one’s place in the flow of the natural world. Holding on to these ideals in the midst during a fast career growth can be difficult, but they weather these storms with aplomb and grace and have recently produced their best album to date “These Changing Skies.” Additional artists include; Head for the Hills, Nicki Bluhm and the Gramblers, Fruition, MilkDrive, WhiteWater Ramble, Scott Law and Tyler Grant, The Dead Winter Carpenters, Gipsy Moon, Old Town Pickers and more. The WinterWonderGrass Festival will transform Nottingham Park in Avon into a playground for all ages. Two large heated beer halls will frame the main outdoor stage featuring an assortment of local Colorado craft breweries, inside pickin’ and brewery talks. Between main stage acts, the beer halls will heat up with some of the freshest and hottest pickers and bands making waves on the national scene today. Beer enthusiasts will be invited to hear a daily talk by a presenting beer partner, while the kids can take advantage of face painting and other activities in the Kid Zone. Local foods, hot drinks, BBQ and other treats will be available in the vendor village. The festival really focuses on community, sustainability, Colorado lifestyle and the best bluegrass and acoustic music to be found. Tickets will go on sale November 18th, 2013 at 10 a.m. MST for a limited time. The advanced festival ticket price will include three nights of music, beer tastings and a commemorative festival beer mug. Kids 12 and under are free. Tickets - http://www.winterwondergrass.com/ Facebook - https://www.facebook.com/WinterWonderGrassFestival Website – https//www.winterwondergrass.com For additional information and media relations please contact: Jennifer Brazill . 415-871-3253 . Jennifer@bonfirentertainment.com TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, Town Engineer Todd Goulding, Town Council Representative to Upper Eagle Regional Water Authority Date: December 5, 2013 Agenda Topic: Resolution 13-38, Series of 2013, Resolution Endorsing the West Slope Principles and Adopting the Eagle River Principles for the Colorado Water Plan The Colorado Water Conservation Board has commenced work on drafting the Colorado Water Plan as stipulated by executive order from Governor Hickenlooper (Attachment A). The Plan will address the gap in water supply and water demand because Colorado’s population is expected to double by 2050. The draft Colorado Water Plan is to be completed by December 10, 2014, and the final document is to be completed by December 10, 2015. The Northwest Colorado Council of Governments Water Quality/Quantity Committee (QQ) has collaborated with the Colorado Basin Roundtable to draft the West Slope Principles for the Colorado Water Plan and are intended to clearly state the West Slope interests and concerns regarding water supply development that should be included in the Colorado Water Plan. Also, the Eagle River Water and Sanitation District (ERWSD) and Upper Eagle Regional Water Authority (UERWA) have drafted the Eagle River Basin Principles for the Colorado Water Plan. These principles are in addition to the West Slope Principles and address protecting specific agreements important to the Eagle River and the importance of local water leadership on regional water plans. Colorado Basin Roundtable members and QQ representatives are working towards endorsement of the Principles by Western Slope entities; jurisdictions that have officially endorsed the Principles – to date – are as follows: • Counties: Eagle, Grand, Gunnison, Pitkin, Park, Routt, Summit • Towns: Breckenridge, Crested Butte, Dillon, Frisco, Fraser, Grand Lake, Gypsum, Kremmling, Silverthorne, Yampa • Local Governments: Copper Mountain Consolidated Metro District, Eagle River Water & Sanitation District, Middle Park Water Conservancy District, Upper Eagle Regional Water Authority, Winter Park Ranch Water and Sanitation District Resolutions and endorsements of the Principles are being provided to CWCB staff and other groups involved in the Colorado Water Plan process as part of the Plan’s development. Diane Johnson, the ERWSD Communications and Public Affairs Manager and Colorado Basin Roundtable member, will be at the meeting to conduct a presentation on the Colorado Water Plan, the West Slope Principles, the Eagle River Principles and answer any questions. Staff Recommendation Staff recommends approving Resolution 13-38, Resolution Endorsing the West Slope Principles and Adopting the Eagle River Principles for the Colorado Water Plan. Attachments Attachment A – Executive Order Directing the Colorado Water Conservation Board to Commence Work on the Water Plan Attachment B – Resolution 13-38, Series 2013, Resolution Endorsing the West Slope Principles and Adopting the Eagle River Principles for the Colorado Water Plan AT T A C H M E N T A AT T A C H M E N T A AT T A C H M E N T A AT T A C H M E N T A RESOLUTION 13-38 GUIDING PRINCIPLES FOR THE COLORADO WATER PLAN Page 1 of 2 TOWN OF AVON RESOLUTION NO. 13-38 RESOLUTION ENDORSING THE WEST SLPE PRINCIPLES AND ADOPTING TH EEAGLE RIVER BASIN PRINCIPLES FOR THE COLORADO WATER PLAN WHEREAS, the Town of Avon (the “Town”) in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Avon Town Charter; and WHEREAS, the Town receives water services from the Upper Eagle Regional Water Authority (the “Authority”), which is authorized and empowered to supply water for domestic and other public and private purposes; and WHEREAS, the Town benefits from Authority planning that has provided efficient, effective, and reliable water to the Authority’s service area, ranging from EagleVail through Cordillera, through development of the public water system, including water rights, storage and treatment facilities; and WHEREAS, the Governor of the State of Colorado issued executive order D 2013-005, directing “the Colorado Water Conservation Board to commence work on the Colorado Water Plan” in May 2013; and WHEREAS, according to the executive order, “Colorado’s water policy must reflect its water values,” including a “productive economy,” efficient water infrastructure “promoting smart land use,” and a “strong environment that includes healthy watersheds, rivers and streams, and wildlife;” and WHEREAS, the west slope headwaters are the source of much of the water supply for the front range as well as an epicenter of Colorado’s recreation economy and wildlife resources; and WHEREAS, local governments, water districts, watershed groups, basin roundtables, and other west slope water leaders have a deep understanding of the relationship between water resource development and the healthy watersheds, rivers and streams, and wildlife; and WHEREAS, west slope organizations have been engaged in land use and water planning both locally and with Front Range water interests for many years and desire that this experience inform the Colorado Water Plan process; and WHEREAS, Eagle River basin water providers have led cross-basin negotiations that have protected local rivers and streams, thereby providing for municipal water supply, recreational uses, environmental flows, and healthy watersheds; and WHEREAS, Eagle River basin water providers developed principles to assure the certainty of existing and planned future water supply; and ATTACHMENT B RESOLUTION 13-38 GUIDING PRINCIPLES FOR THE COLORADO WATER PLAN Page 2 of 2 WHEREAS, the Town and Authority are members of the Northwest Colorado Council of Governments’ Water Quality/Quantity Committee which developed the West Slope Principles in collaboration with members of the west slope Basin Roundtables and the communities they represent; and WHEREAS, the Avon Town Council supports these principles and believes that the Governor and the Colorado Water Conservation Board should adhere to these principles in preparing the Colorado Water Plan. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Avon endorse the West Slope Principles for the Colorado Water Plan, attached hereto as Exhibit A, and hereby further adopt the principles more specific to the Eagle River basin, attached hereto as Exhibit B. ADOPTED this 10th day of December 2013, by a vote of __ in favor and __ opposed. TOWN OF AVON, COLORADO By: ______________________________________ Rich Carroll, Mayor ATTEST: By: _____________________________________ Patty McKenny, Town Clerk ATTACHMENT B 1 West Slope Principles for the Colorado Water Plan 1. Solutions in the Colorado Water Plan (CWP) to supply water for growth and development in one part of the state should not over-ride land use plans and regulations adopted by local governments in the part of the state from which water will be taken. 1,2,3,4,5,6,7 1.1 No new water supply projects or major changes in operation of existing projects should be planned unless agreed to by the county, conservancy district, and conservation district in the area from which water would be diverted. 1,3,5,6,7 1.2 The CWP must take into account pending projects, water supply plans, comprehensive land use plans, local regulatory authority, water quality plans (208 Plans), watershed plans, multi-party water agreements and related documents adopted by local governments in the area from which water would be taken. 1,2,3,4,5,6,7 1.3 Both the legislative basis and the legal impact of local government regulatory tools adopted to mitigate impacts of water projects should be recognized and protected. 3,6,7 1.4 The CWP should never elevate the agricultural interests in one part of the state over the agricultural interests in another part of the state to meet the demands of Front Range development. Agriculture is an important segment of the state’s economy as a whole. Agriculture provides food independence, open space, wildlife habitat, cultural value, and economic activity wherever it is located. 1.5 Any new supply projects taking water from one area of the state to another should include funding for “compensatory projects” to serve the area from which the water is taken. 7 2. The CWP should protect and not threaten the economic, environmental, and social well-being of the west slope. 1,2,3,5,6 2.1 The cornerstones of the west slope's economy are tourism, recreation , agriculture, and resource development, all of which are highly dependent upon water to be successful. The CWP should not facilitate additional diversions that could threaten the region’s environmental, social and economic well-being. 1,2,3,6 2.2 To educate the public about existing conditions on the west slope, the CWP should identify the location and amounts of water that are already diverted every year from the west slope to the east slope, and discuss the historic and current consequences of those diversions. 1,2,3,6,9 ATTACHMENT B 2 2.3 The state should not facilitate, politically, financially, or legally, any new water supply projects from the Colorado, Yampa/White or Gunnison River Basins to the Front Range without the consent of the county, conservancy district, and conservation district in the basin of origin, and unless impacts are avoided and mitigation is provided. 1,2,3,6 7 2.4 New supply projects that involve storage on the west slope must make a significant amount of water available to west slope water uses. New supply projects that involve storage of west slope water in an east slope storage project must provide compensatory storage to protect existing and future west slope water uses, as well as the environmental and non-consumptive needs of the basin of origin. 7 2.5 The CWP must protect investments in public water and wastewater facilities by ensuring that costs to upgrade and operate these facilities do not increase because of Front Range water projects.5 2.6 The CWP must afford recreational in-channel diversions and CWCB instream flows the same status as other water rights that are protected under Colorado law. 3,6 Other west slope non-consumptive water needs must be factored into the CWP. 2.7 Water quality protection efforts of the west slope must be respected and enhanced by the CWP. 4,5,6 2.8 The historic use of west slope agricultural water rights provides a river flow regime that is relied upon by all west slope users and must be maintained. 8 3. The CWP should identify a process and requirements for each basin to exhaust available water supply within its own basin before planning diversions from another area of the state. 1,2,3,7 3.1 Transmountain diversion water should be re-used to extinction to the extent allowed by law, before any proposed new supply development focuses on further west slope water supply. 1,2,3,6,7 3.2 Re-allocation of existing supplies in areas that need more water should be evaluated (e.g. rotational fallowing, changing to new uses, deficit irrigation).1,3,6,7 3.3 Front range infrastructure and water should be shared to meet future demands (e.g. WISE). Laws and regulations that improve such sharing should be considered. 3.4 New Front Range in-basin projects should be pursued to fully utilize in-basin supplies (e.g. Chatfield Reallocation, SDS, Arkansas Conduit, indirect and direct ATTACHMENT B 3 re-use, gravel pit storage projects), including maintaining and enhancing existing storage facilities. The CWP should encourage and facilitate dredging to keep capacity, and streamline efforts to enlarge storage by dredging when practical.3,6 3.5 The CWP should promote mechanisms to reduce demand through agricultural or municipal efficiency/conservation, land use and smart growth policies that further water conservation, and controls on water usage. 3,6,7 Under no circumstances should agriculture be penalized for switching to more efficient water use methods. 3.6 The CWP should reject proposals for water to supply new development when and where there are insufficient water resources available to support them under all hydrologic conditions without creating risks for other water users. 1,3,6,7 Any new supply projects that rely on diversions from the west slope should be developed within the existing water rights system and not afforded special status. 3.7 Front Range areas with present and future projected water shortages should pursue collectively financing projects that provide water resources to their areas. 4. The CWP should outline mechanisms to mitigate the risk of potential Compact curtailment of the Colorado River. For example, the CWP should adopt low-risk legal and hydrologic assumptions related to Colorado’s obligations under the Colorado River Compact and the Upper Colorado River Basin Compact in order to minimize the risk of curtailment on existing uses of Colorado River basin water.7 4.1 There is disagreement on how much, if any, additional consumptive use water is available from the Colorado River. Because of justifiable reliance and financial investment, existing uses and users should be protected and not put at risk by new development. 4.2 The facilities and methodologies for protecting existing users from a compact curtailment, as well as for mitigation, must be in place prior to any new project or methodology that would take additional water out of the Colorado River Basin. 4.3 The CWP must disclose that fully developing the state's Colorado River compact entitlement will increase the chance of a compact curtailment that would impact existing users. 4.4 New projects in the Colorado River Basin should be supported and approved, if at all, only on conditions that will allow diversion and storage at times and in amounts that will not increase the risk of compact curtailment of other post- Compact water rights. ATTACHMENT B 4 5. The State should not assume a role as a proponent of a water project until the State regulatory process has been completed and the project has been agreed to by the impacted counties, conservancy districts and conservation districts in the area from which water would be diverted. The above principles are taken from many sources of earlier water principles around the state. The numbers in the above principles indicate in which documents a similar principle may be found, including: 1 Colorado 58 Water Principles. In approximately 1999, 58 Colorado Counties, signed onto these Water Principles, which were passed as a House Resolution as well. 2 Colorado River Water Conservation District Policy Statement: Existing Transmountain Diversions, Adopted July 15, 2008, readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies_TMD_Existing_Projects.pdf 3 Colorado River Water Conservation District Policy Statement: Transmountain Diversions, adopted March 16, 2000, revised and readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies_TMDs.pdf 4 Colorado River Water Conservation District Policy Statement: Water Quality, adopted July 2010. http://www.crwcd.org/media/uploads/20100720_policy_water_quality.pdf 5 NWCCOG Water Quality/ Quantity Committee Policies, readopted November 2012. 6 2012 NWCCOG Regional Water Quality Management Plan (208 Plan). http://nwccog.org/docs/wss/rwqmp_2012/Vol%201_Policy%20Plan%202012%20208%20Plan.pdf 7 Colorado Basin Roundtable Vision Statement (Nov. 2010). 8 Orchard Mesa Check Case, 91CW247, Water Division No. 5. 9 i.e. Senate Document No. 80, Windy Gap Project, Windy Gap Firming Project, Colorado River Cooperative Agreement ATTACHMENT B 62092 EAGLE RIVER BASIN PRINCIPLES for the Colorado Water Plan 1. Introduction. Local water districts, cities and towns, individual water users, and area water conservation and conservancy districts are the entities and individuals that own, use and develop water rights for municipal, domestic, agricultural, industrial, and recreation uses on the west slope of Colorado. As evidenced by the recent historic Colorado River Cooperative Agreement between Denver Water and the west slope of Colorado, these are the parties that know their needs, the area and regional water supplies, and what cooperative water plans and agreements are possible. It is essential that any state based water plan not attempt to supplant the role of west slope water users or seek to supersede constitutionally based Colorado water law, 1041 and local land use permit authority, water supply plans or pre-existing agreements between water rights owners. To assure Colorado’s water future, the State should: assist with funding of water supply projects needed to meet locally-determined needs; support a healthy west slope (and state-wide) economy by protecting watersheds, stream flows and water quality; and abide by local land use and water plans. 2. Future Transmountain Diversions. Any future transmountain diversions from the Eagle River basin must comply with the express terms of the Eagle River Memorandum of Understanding with Colorado Springs and Aurora, the settlement with Denver Water in Case Nos. 02CW125 and 07CW126, the Colorado River Cooperative Agreement with Denver Water, Eagle County 1041 permit authority and regulations, and the Colorado water right priority system under the State Constitution. Pursuant to the foregoing agreements, any future transmountain diversion projects must result in net benefits to the Eagle River Basin. 3. Compact Calls. Any Colorado River compact call must comply with and be administered according to Colorado’s constitutionally based priority system and the existing transmountain diversions of the Northern Colorado Water Conservancy District, Denver, Colorado Springs and Englewood must be subject to and comply with the terms of Senate Document 80, the Blue River Decree, and the decree for the Windy Gap Project. 4. Water Leadership. Leadership on any regional water plans that affect the Eagle River basin should come from the local water providers, the Eagle Park Reservoir Company, which owns and controls the largest storage facilities and water rights used in the Eagle River basin, and water rights owners who depend on water to support the recreational economy, such as the Vail and Beaver Creek ski areas. Any state or regional water plan must be acceptable to these entities. Additionally, Eagle County and local municipalities (the towns of Vail, Avon, Minturn, Red Cliff, Eagle, and Gypsum) are important stakeholders in water issues, and as such are represented on the Colorado Basin Roundtable, as water is integral to land use issues, the local environment, and the economy of these communities. 5. Reallocation of Water Supplies. Any effort to reallocate the area municipal, irrigation, snowmaking, and recreation water supplies and water rights to new uses and new regions must be summarily rejected. 6. New Supply Projects. Any new water supply projects must first serve the local and regional water supply needs, and fully protect the region’s economic activities, area water quality, and stream health. ATTACHMENT B Resolution 13-39 Funding for the Castle Peak Senior Care Community December 10, 2013 Town Council Meeting Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: December 3, 2013 Agenda Topic: Resolution No. 13-39 Committing an Additional $150,000 to Augustana Care, a Nonprofit 501(c) (3), for the Castle Peak Senior Care Community Resolution 13-39 has been prepared at Council’s direction to provide a funding commitment of $150,000 to Augustana Care, a nonprofit 501(c) (3), from the Affordable Housing Fund Balance, in support of the construction of the Castle Peak Senior Care Community. The Resolution states this $150,000 funding commitment and allows the Council in a future budget amendment or subsequent budget year(s) to provide the monies as a lump sum payment or in partial amounts. Included with this Council packet is a current summary of the Castle Peak Senior Care Community Capital Campaign prepared by Lisa Pease. The schedule of commitments includes the amounts of contributions and timing of contribution payments from municipalities in Eagle County, other agencies and individuals. The same document also details the Capital Campaign’s plan to secure remaining funding. Council asked for information regarding population, bed base and budgets for other Eagle County municipalities for comparison purposes. The information is as follows: Town Population (1) Visitor Bed Base (2) Budget Annual Expenditures (3) Town of Avon 6,345 1,164 $ 15.2M (2014) Town of Gypsum 6,515 0 not available Town of Eagle 6,474 500 $ 15.4M (2014) Town of Minturn 1,026 not requested $ 5.0 (2012) Town of Vail 5,253 3,954 $ 54.3M (2014) (1) United States Census Bureau 2012 (2) Vail Valley Partnership (3) Municipal websites; not verified by municipal representatives. Council also asked what fund sources are available for the request: Three funds would allow for such a contribution either as a lump sum payment or as commitments over a period of years: General Fund Balance: $3.3M (unrestricted) Affordable Housing Fund Balance: $664,000 Capital Improvements Fund Balance: $1.16M Action before the Council is to adopt Resolution 13-39 by motion and vote, with or without modifications. Resolution No. 13-39 Castle Peak Senior Care Community 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 13 –39 SERIES 2013 A RESOLUTION COMMITTING AN ADDITIONAL $150,000 FROM THE TOWN OF AVON AFFORDABLE HOUSING FUND BALANCE , SUBJECT TO ANNUAL APPROPRIATION, TO AUGUSTANA CARE, A NONPROFIT 501(c)(3), FOR THE CASTLE PEAK SENIOR CARE COMMUNITY WHEREAS, the Eagle County Commissioners in partnership with representatives from Augustana Care, a nonprofit 501(c) (3), submitted an application for funding to the Town of Avon, which is attached to this Resolution No. 13-39 and is titled Castle Peak Senior Care Community Capital Campaign Proposal Town of Avon November 12, 2013 (Proposal); and WHEREAS, the Proposal provides a comprehensive statement of history of the Castle Peak Senior Care Community project and goal to construct Phase 1 of the project, which is a 64-unit skilled nursing and assisted living facility in Eagle, Colorado; and WHEREAS, the Proposal details need for the facility, benefits, construction costs and development budget; and WHEREAS, the Proposal states that no operational monies will be needed, but a construction budget shortfall of $4,400.000 is identified in the Proposal, of which the Castle Peak Senior Care Community Capital Campaign Committee has stated to the Town Council at least 50% or $2,200,000 must be raised by contribution or commitment of contribution for the Phase 1 of the project to “break ground”; and WHEREAS, the Castle Peak Senior Care Community Capital Campaign Committee in the Proposal requests a contribution of $200,000 from the Town of Avon to assist with the construction shortfall; and WHEREAS, the Town of Avon finds the benefit in joining other financial supporters, both private and public, in helping raise the $2,200,000 needed to break ground; and WHEREAS, the Town of Avon has monies available in the Affordable Housing Fund that can be contributed for the project; and WHEREAS, the Town of Avon in its approved 2014 Affordable Housing Fund Budget appropriated $50,000 in support of the project, with funds being available for payment to the Augustana Care in 2014; and WHEREAS, the Town of Avon has been asked to contribute the balance of the Castle Peak Senior Care Community Capital Campaign Committee’s request an amount equal to $150,000; and WHEREAS, the Avon Town Council directed that a Resolution be drafted for its December 10, 2013, regular meeting, which would commit funds in the amount of $150,000 from the Affordable Housing Fund Balance. Resolution No. 13-39 Castle Peak Senior Care Community 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 1. In addition to the $50,000 approved by the Town Council in the Town of Avon 2014 Affordable Housing Fund Budget for contribution to Augustana Care, an additional $150,000 of Fund Balance from the Affordable Housing Fund shall be committed to Augustana Care; and 2. At such time as the Affordable Housing Fund Budget is amended, the Town Council shall either appropriate the $150,000 for full contribution in 2014 or in partial amounts in a subsequent budget year or years, subject to annual appropriation by the Town Council. ADOPTED THIS 10th DAY OF DECEMBER, 2013. TOWN COUNCIL TOWN OF AVON, COLORADO _____________________________ Mayor Rich Carroll ATTEST: ______________________________ Town Clerk Patty McKenny Castle Peak Senior Care Community Capital Campaign As of December 2, 2013 Schedule of Commitments to the Capital Campaign: The commitments to the capital campaign total $2,102,587 (48% of goal) as of December 2, 2013. This total is comprised of the following: Town of Eagle – Total of $600,000  $400,000 in fee recalculations from a 1.0 EQR to a .25 EQR  $45,000 in tap fee waivers  $155,000 to be paid over 3 years – First payment of $50,000 included in the 2014 budget with two subsequent payments subject to annual appropriation Town of Gypsum – Total of $200,000  $200,000 to be paid over a 3 year period subject to the Statute (TABOR) – Motion approved on November 12, 2013 Town of Vail – Total of $200,000  $200,000 to be paid in a lump sum approved on November 19, 2013 – Most likely to be paid from reserves – staff will make recommendation for council Town of Minturn – Total of $40,000  $40,000 to be paid over a 4 year period – Motion approved on November 20, 2013 – First payment to be made in 2014 with subsequent payments subject to annual appropriation Town of Avon – Current total of $50,000  $50,000 included in the 2014 budget approved on November 26, 2013 - Additional $150,000 commitment to be acted on at Council’s December 10th meeting. Eagle Ranch Homeowners’ Association – Total of $100,000  $100,000 to be paid over a 3 year period – approved by the Board on October 30, 2013 Foundations and Corporations – Total of $125,000 – representing two gifts  $100,000 to be received prior to December 31, 2013  $25,000 committed for 2014 Individuals – Total of $787,587 – representing thirty-one gifts  $114,787 received  $100,000 one-time payment expected in January 2014  $572,800 multi-year pledges up to 3 years Summary of Plan to Secure Remaining Funding: Our plan for securing the additional funds needed to reach the $4.4 million capital campaign goal is multi-pronged and includes, but is not limited to, the following:  Our initial gift table for the capital campaign indicated that we would need a minimum of 256 donor prospects at the $2,500 and above gift level in order to be successful. We currently have a donor prospect list of over 350 individuals, foundations, and corporations. We have 47 of these prospects (excluding the Town of Avon) actively being cultivated and solicited for gifts which we estimate could result in a minimum of an additional $500,000 for the campaign.  We are actively researching and submitting grant applications to foundations that will fund capital projects. Several of these foundations require that we be at 75% of the capital campaign goal prior to consideration for funding from them.  We will be contacting the major homeowners’ associations and the Edwards Community Association to participate in supporting the capital campaign.  When we reach 75% to 85% of the $4.4 million goal ($3.3 million to $3.7 million), we will launch the public phase of the capital campaign which will include a broad-based capital campaign appeal mailing and public fundraising events in addition to continuing the solicitation of gifts in all of the areas mentioned above to enable us to reach our overall goal. We recognize that there are many competing fundraising campaigns occurring throughout the valley at this time and success is never completely assured. If, for any reason, the construction of the Castle Peak Senior Care Community is not successfully completed, all monies would be required to be returned to the donors due to the restricted nature of these funds. Thus far our success rate in securing gifts has been over 90%. This is a testament to the recognition by our community of the great need for these services and the incredible generosity of our valley, as well as the correct timing, structure and unique opportunity we have to finally see this care community become a reality. Significant Interim Milestones for the Capital Campaign:  At 50% of the goal, or $2.2 million, subject to approval by the Eagle County Commissioners on December 10th, the contracting process for final design and construction drawings will begin.  At 75% to 85% of the goal, or $3.3 million to $3.7 million, groundbreaking will take place and construction will commence. The estimated timeframe for construction is twelve to eighteen months. Thank you for your consideration of an additional commitment of $150,000 in support of the capital campaign for the Castle Peak Senior Care Community. Approval of such will allow us to meet the 50% milestone described above. TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Senior Planner Date: December 4, 2013 Agenda topic: Resolution 13-40, A Resolution Accepting Four Parcels of Land for Open Space Use Summary Tanavon Corporation and S&G Partnership (Oscar Tang) recently offered to donate four undeveloped parcels in the Town of Avon to the Town for open space purposes. The parcels are described as follows and depicted in Exhibit A: 1. Lot 39, Block 1, Benchmark at Beaver Creek Subdivision – 2.81 acres 2. Tract A, Block 1, Benchmark at Beaver Creek Subdivision – 102.23 acres 3. Tract W, Block 1, Benchmark at Beaver Creek Subdivision – 6.12 acres 4. Tract K, Block 3, Benchmark at Beaver Creek Subdivision – 3.58 acres Tracts A, W, and Lot 39 are generally located along Metcalf Road between the West Avon Preserve and Mountain Star Open Space parcels. Tract W is near the West Beaver Creek Boulevard Bridge over the Eagle River, and the parcel is bisected by the river. As part of our due diligence, Staff required a Phase I Environmental Assessment to identify any potential environmental conditions such as hazardous substances. The assessment found no evidence of recognized environmental conditions (RECs). Staff has reviewed title reports for the parcels and aside from typical easements (i.e. Holy Cross, Comcast) the title work has checked out clean. Resolution 13-40 was prepared by the Town Attorney for the Town Council to accept the parcels into the Town’s inventory system of open space. There are inherent benefits to accepting these parcels for the following reasons: • Tract A includes the constructed Avon-Singletree Connector (ASC) trail access and additional trail opportunities could be explored with this parcel. • The Avon Comprehensive Plan supports the acquisition and protection of these parcels: o Goal H.1. “Protect Avon’s unique natural setting and its open spaces.” o Policy H.1.1. “Protect and capitalize on the Eagle River corridor as an important recreational amenity and riparian habitat.” o Policy H.1.2. “Acquire or otherwise permanently protect important/significant open space.” o Policy I.1.2. “Continue to evaluate and acquire parcels or easements for open space, trails, and recreation” • Tract K includes sensitive riparian areas that are contiguous with other river tracts the Town already owns and maintains. Recommendation Staff recommends approving Resolution 13-40 (Exhibit B), thereby accepting Tract A, W, and K from S& G Partnership, and Lot 39 from Tanavon Corporation. Exhibits A. Vicinity Maps B. Resolution 13-40 Exhibit A – Parcel Vicinity Maps Tract A, Block 1, Benchmark at Beaver Creek Subdivision Size: 102.23 Acres Tract W, Block 1, Benchmark at Beaver Creek Subdivision Size: 6.12 Acres Lot 39, Block 1, Benchmark at Beaver Creek Subdivision Size: 2.81 Acres Tract K, Block 3, Benchmark at Beaver Creek Subdivision Size: 3.58 Acres Resolution No. 13-40 Accepting Four Parcels of Real Property from Tanavon and S&G Partnership December 10, 2013 TOWN OF AVON, COLORADO RESOLUTION NO. 13-40 SERIES OF 2013 A RESOLUTION ACCEPTING FOUR PARCELS OF REAL PROPERTY FROM TANAVON CORPORATION AND S&G PARTNERSHIP WHEREAS, Tanavon Corporation and S&G Partnership, Colorado corporations, have offered to donate four parcels of real property to the Avon as described in the attached Quitclaim Deeds (“Tanavon Tracts”); and WHEREAS, the Town of Avon has the authority to accept real property pursuant to Avon’s Home Rule Charter, Sections 2.1(b) and 4.9, Colorado Revised Statute §31-15-101(1)(d), and other applicable authority; WHEREAS, the Avon Town Council finds that acceptance of the Tanavon and S&G Partnership Tracts will add to Avon’s portfolio of open space parcels and will facilitate the ability of the Town of Avon to promote and implement the goals and policies in the Avon Comprehensive Plan concerning the preservation and appropriate use of open space lands; and, WHEREAS, the Avon Town Council finds that acceptance of the Tanavon and S&G Partnership Tracts 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 Town of Avon hereby accepts conveyance of the following described real properties by Quitclaim Deed: 1. Parcel 1, described as: Lot 39, Block 1, Benchmark at Beaver Creek Subdivision – Amendment No. 4, according to the plat recorded at Book 274, Page 701, Reception No. 171107, County of Eagle, Colorado, also known as 240 Metcalf Road, Avon, Colorado. 2. Parcels 2, 3 and 4, described as: PARCEL ONE: Tracts A and W, BENCHMARK AT BEAVER CREEK SUBDIVISION, According to the Official Plat, Town of Avon, Eagle County, Colorado, Amendment No. 3 and Final Subdivision Plat -Amendment No. 7, recorded in Book 286 at Page 126 as Reception No. 182529. EXCEPT for that portion of Tract A replatted as Lots 111, 112, 113, 114 and 115, respectively, Block 1, and Tract P, Final Subdivision Plat, Wildridge Subdivision, recorded in Book 303 at Page 466 as Reception No. 199852. PARCEL TWO: Tract K, BENCHMARK AT BEAVER CREEK SUBDIVISION According to the Official Plat, Town of Avon, and Final Subdivision Plat, Amendment No. 4 recorded in Book 274 at Page 701 as Reception No. 171107. County of Eagle, Colorado. ADOPTED DECEMBER 10, 2013. AVON TOWN COUNCIL BY:_______________________________ Attest:_____________________________ Rich Carroll, Mayor Patty McKenny, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Patty McKenny, Assistant Town Manager/Town Clerk Date: December 5, 2013 Agenda Topic: Introduction of Dr. Jason Glass, Eagle County School Superintendent Dr. Jason Glass will attend next Tuesday evening’s meeting to introduce himself as Eagle County’s new School District Superintendent. Dr. Glass replaced Dr. Sandra Smyser earlier this year. Previously, Dr. Glass was Iowa’s Director of Education - serving as the state’s Chief State School Officer – and leading a successful education reform effort that culminated in landmark legislation signed into law in 2013. Prior to serving in Iowa, Dr. Glass was the Senior Director of Human Capital Strategy with Battelle for Kids, a national not-for-profit organization dedicated to improving America’s schools. In this role, he consulted with districts and states across the country in helping educators improve. Prior to joining Battelle for Kids, Dr. Glass served as the Director of Human Resources with Eagle County Schools in Colorado, a pioneer district in progressive human capital approaches. Jason has also worked as Eagle County Schools’ Director of Research & Assessment, as Vice President of Quality Ratings with Qualistar Early Learning, held several posts with the Colorado Department of Education, and worked as a university instructor and high school teacher in Kentucky. Dr. Glass holds a B.A. in Political Science, a M.Ed. in Education, and a M.A. in Political Science from the University of Kentucky. He holds a Doctorate in Education from Seton Hall University. Dr. Glass will discuss current and future plans for the district and seek input from the Council on how the district and Avon can work together for the betterment of the community. Ordinance 13-14 2nd Tier Code Text Amendments – Second Reading December 10, 2013 Town Council Meeting Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jared Barnes, Planner II Thru: Matt Pielsticker, Senior Planner Date: December 10, 2013 Agenda topic: Second 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. Update At the November 26th, 2013 meeting the Town Council approved the first reading of Ordinance 13- 14. The approval included modifications to the fireplace regulations, specifically allowing New- Technology devices (EPA-certified wood burning fireplaces) throughout Town. This modification Ordinance 13-14 2nd Tier Code Text Amendments – Second Reading December 10, 2013 Town Council Meeting Page 2 did not carry forward the PZC recommended language of permitting non-EPA-certified wood fireplaces in elevations above 7,820. In addition, the Town Council removed the requirement for an additional fee for a New Technology device and allowed the use of pellet stoves throughout Town as well. After reviewing the code language Staff did have additional modifications to the Development Review Procedure Table, the Historic Preservation regulations, the Neighborhood Commercial (NC) zone district, and the Light Industrial and Commercial (IC) zone district. Each of these modifications will be discussed in their respective areas in the Proposed Amendments portion of the memo. The strikethrough language has been modified to use redline strikethrough as the Staff recommended changes, blue-line strikethrough as the PZC recommend changes, and green-line strikethrough as the Town Council recommended changes. 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. 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 Ordinance 13-14 2nd Tier Code Text Amendments – Second Reading December 10, 2013 Town Council Meeting Page 3 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. This section has been updated to include “Historic and/or Cultural Preservation Designation” as a development review process. 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, 170 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 and Table 7.20-13, Dimensions for the Light Industrial and Commercial Employment District – Page 94-95, 97 Ordinance 13-14 2nd Tier Code Text Amendments – Second Reading December 10, 2013 Town Council Meeting Page 4 This specifies the Maximum Residential Density of 7.5 DUs/Acre with a footnote that allows for this density to increase with additional water rights dedication. 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 or the intent of the District, but will further clarify it. Section 7.28.100(d), Flood Damage Prevention – Page 180-186, 189-190 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. Chapter 7.50, Historic and/or Cultural Preservation Designated – Page 268-271 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. This section has been slightly modified including: renumbering the sections to bring ever section up a code level; further clarifying the need for written property owner approval for a designation; further clarifying that the incentives are at the discretion of the Town Council and used to assist in the designation; requiring the Town Council to use the review criteria listed in Section 7.50.050 for the alteration of a site or structure designated; and, allowing for the removal of a designation if done in error or through the loss of historical significance. 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 Ordinance 13-14 2nd Tier Code Text Amendments – Second Reading December 10, 2013 Town Council Meeting Page 5 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. 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 recommended allowing non-EPA-certified devices in addition to EPA-certified devices above the elevation of 7,820 and recommended altering the required fees. The Town Council discussed these recommendations and ultimately approved, on first reading, the following changes: the allowance for EPA-certified devices (“New Technology Devices”) throughout Ordinance 13-14 2nd Tier Code Text Amendments – Second Reading December 10, 2013 Town Council Meeting Page 6 Town regardless of elevation in single-family and duplex structures, and in the lobby of a hotel or lodge; the allowance for pellet stoves as a new technology device; and, the removal of the fee for a New Technology Device. Chapter 15.24, Solid-Fuel-Burning Devices – Page 15-39 – 15-40 This section has been modified so that it is consistent with the modifications to Section 15.16.060, Masonry Fireplaces, as discussed above. Modifications have been made to the definitions for “EPA certified wood stove” and “New Technology Device”. In addition the regulations below an elevation of 7,820 have been completely stricken and the regulations above the elevation of 7,820 have been modified to act as the only regulations. Once again these changes are made so that the two code sections that regulate wood fireplaces are identical in language. 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 Second Reading of Ordinance 13-14 as proposed after conducting a Public Hearing. 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 Historic and/or Cultural Preservation Designated (§7.50) H-D R=Review/Recommendations; H=Public Hearing; D=Decision; A=Appeal 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 di 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 [5] [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. [5] Except as provided in §7.20.080(a)(1), Additional Water Rights Dedication, below. (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 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 ck ( 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) Exhibit A to Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 97 (e) Public Facilities (PF). The PF district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. The uses permitted in this district are identified by location the in Avon Comprehensive Plan. Unless otherwise set forth in the Town of Avon Comprehensive Plan, the following dimensional requirements shall apply for the Public Facility (PF) zone district: Table 7.20-11 Dimensions for the Public Facilities District Ma x D e n s i t y un i t s / a c r e ) 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 . 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 / Lo t n/a n/a 40 60 20 20 20 40 n/a (f) Parks (P). The purpose of the P district is to promote and encourage a suitable environment devoted to parks, recreation improvements, trails, and organized recreation uses for the enjoyment of all members of the community. There are no dimensional requirements for this district. Active recreation facilities and structures will be developed according to the Avon Comprehensive Plan. Unless otherwise set forth in the Town of Avon Comprehensive Plan, the following dimensions shall apply for the Parks (P) zone district: Table 7.20-12 Dimensions for the Parks District Ma x D e n s i t y un i t s / a c r e ) 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 . F r o n t Se t b a c k ( f e e t ) Mi n . S i 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 / L o t n/a n/a 40 60 20 20 20 40 n/a (g) Light Industrial and Commercial (IC). This district is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors, and light manufacturing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This district is intended to be located away from low and medium density residential development. The IC district implements the light industrial commercial and employment classification of the Avon Future Land Use Plan and should be located along an arterial roadway. Table 7.20-13 Dimensions for the Light Industrial and Commercial Employment 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 ( fe e t ) Ma x . B u i l d i n g He i g h t ( f e e t ) Ma x . D e n s i t y Re s i d e n t i a l 21,780 sf 100 50 20 25 7.5 10 48 4 assessoryaccessory units [1] [1] Accessory Dwelling units are permitted as a Special Review Use pursuant to §7.16.100 Exhibit A to Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 170 (vi) Parking structures shall be oriented to provide pedestrian access to adjacent public walkways, public buildings, and public plazas; however, to avoid pedestrian/vehicle conflicts, placing major access points along the area’s primary street network shall be avoided where an alternate access point is possible. 7.28.100 Natural Resource Protection (a) Steep Slopes (1) Purpose. The purpose of this subsection is to: (i) Prevent soil erosion and landslides; (ii) Protect the public by preventing or regulating development in locations with steep slopes; (iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and to provide access for emergency vehicles necessary to serve the hillside areas; (iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls; (v) Discourage mass grading of large pads and excessive terracing; and (vi) Require revegetation and reclamation of slopes disturbed during development. (2) Applicability. The standards in this section shall apply to all new development, with the exception of administrative 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 180 (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 181 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 182 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 183 (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 184 (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 185 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 186 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 189 (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 190 (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 268 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. 7.50.020 Review Procedures. After receiving written 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. 7.50.030 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: (a) Historic significance: (1) 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, (2) Is associated with historical persons or groups or represents important events in national, state or local history; and, (3) 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, (4) Has prehistoric interest or information. (b) Prehistoric or Archeological Interest or Information: (1) Has character or is a place or point of interest that reflects prehistoric events or archeological interest. (c) Architectural significance: (1) Characterizes a style associated with a particular era; and, (2) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (3) 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 269 (4) 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. 7.50.040 Incentives. The Town Council, at their discretion, may provide to a property owner some or all of the following benefits to incentivize a Historic Landmark designation: (a) Partial waiver of building permit fees; (b) Local property tax credits; (c) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and (d) Other appropriate incentives, also as determined by the Town Council. 7.50.050 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 on the basis of the following criteria shall approve or disapprove the application after a public hearing at which the landowner and interested persons have an opportunity to be heard. (a) Criteria for alteration of a site or structure: (1) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (2) 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, (3) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (4) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (b) Criteria for relocation of a structure: (1) Significance of the original site; and, (2) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (3) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (4) Whether the structure can be moved without causing significant damage to its physical integrity; and, Exhibit A to Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 270 (5) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. (c) Criteria for removal of a structure: (1) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (2) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (3) Whether relocation of the structure is reasonably possible or practical; and, (4) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (5) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. 7.50.060 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: (a) 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, (b) 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, (c) 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, (d) 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. 7.50.070 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: (a) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; Exhibit A to Ordinance 13-14 Attachment A 2nd Tier Title 7 Amendments 2013 Update November 6, 2013 Page 271 (b) The structure is an imminent hazard to the health and safety of the public despite the owner’s efforts to properly maintain it; (c) The structure is structurally unsound despite the owner’s efforts to properly maintain it; and/or, (d) The historical significance was adopted in error or the structure no longer has historical significance. 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: "902.21 – 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 EPA-certified standards. 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 been EPA-certified and meets the definition of certification as an EPA certified wood stove. A new technology device shall also include a pellet 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. Exhibit A to Ordinance 13-14 Attachment A 15-31 "902.4 Regulations below the elevation of seven thousand eight hundred twenty feet. "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. "902.52 Regulations for fireplaces above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one One (1) New Technology Device or one (1) Solid-Fuel-Burning Device shall be permitted in each new dwelling unit constructed or the lobby of any hotel or lodge, 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. "902.73 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 EPA-certified standards. 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 been EPA-certified and meets the definition of certification as an EPA certified wood stove. A new technology device shall also include a pellet 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) 15.24.030 Regulations for fireplaces above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet, one One (1) New Technology Device or one (1) Solid-Fuel-Burning Device shall be permitted in each new dwelling unit constructed or the lobby of any hotel or lodge, 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 GIS IGA with Eagle County December 10, 2013 Town Council Meeting Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Senior Planner Date: December 3, 2013 Agenda Topic: Intergovernmental Agreement with Eagle County to perform Geographic Information Systems (GIS) Services in 2014 Summary This Intergovernmental Agreement is for Geographic Information Systems (GIS) services to be performed by Eagle County GIS employees. The Agreement term is for the 2014 calendar year, and is renewable for up to twelve (12) months by action of the Town and County Managers if all other terms remain consistent. The Agreement follows this memo. Discussion An Intergovernmental Agreement for GIS services was approved by the Council and the County Commissioners in July, 2013, with an expiration of December 31, 2013. That Agreement did not contemplate any extension opportunities. After discussing the extension of this Agreement with the County GIS Staff, they are more than comfortable with continuing services and were happy to continue through 2014. The Agreement includes all of the same responsibilities and scope language from the 2013 Agreement. The County will continue to make available to the Town GIS services, as requested by the Planning Department. The Town will compensate the County in the amount of $60/per hour. The Agreement includes the possibility of up to 2 hours/per week of routine GIS data maintenance, and could include up to 5-20 hours/per week for special projects if needed. The Town expects to utilize this service on a regular basis for routine data layer updates and general maintenance of digital information, and also for select special projects (i.e. Comprehensive Planning) next year. The IGA will be effective from the date the Agreement is fully executed, and either party could terminate the agreement without cause upon 30 days written notice. As mentioned, this would run through the end of 2014, and could be extended up to twelve (12) additional months upon mutual agreement of Managers. Financial Implications As part of the approved 2014 General Fund budget, $10,000 is allocated for GIS services in 2014. This number is based on 2 hours/per month of general maintenance, and up to 140 hours of special projects ($8,500). Reproduction costs for maps are separate, and are included in the Community Development budget. Fiscal year 2013 GIS work with the County will be less than $2,000. Recommendation Staff recommends approval of the 2014 Intergovernmental Agreement for GIS Services between the Town of Avon and the County of Eagle, Colorado. Approval of the Agreement requires the concurrent vote of four (4) Council members per Avon Charter 5.5(b). Avon-Eagle County IGA re GIS Services 2014 Page 1 of 5 INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SERVICES (GIS) BETWEEN THE TOWN OF AVON AND THE COUNTY OF EAGLE, COLORADO This Intergovernmental Agreement (“Agreement”) by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado (“County”) and the TOWN OF AVON, a Colorado municipal corporation (“Town”) (collectively the “Parties”) is made to be effective on the ____ day of __________, 2014. WHEREAS, §29-20-101 et seq., C.R.S enables the Parties to enter into Intergovernmental Agreements and authorizes each of the Parties to perform the functions described herein, as provided in §29-20-105 CRS; and WHEREAS, The Town has identified that continued Geographic Information Systems (GIS) and services are important and necessary tools in public administration; and WHEREAS, the Avon Town Council has determined that it is in the best interest of the Town and its inhabitants to contract with Eagle County to provide GIS Services specified under the terms of this Agreement; and WHEREAS, Eagle County has determined that the County GIS Department has the resources to provide GIS services (“GIS Services”) to the Town of Avon in exchange for compensation to be provided by the Town of Avon under this Agreement, and upon the further terms and conditions contained herein; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to provide GIS Services for the Town and to define the manner in which each of the Parties will participate in the provision of such services. NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the Parties agree to the following: A. SCOPE OF WORK. County shall make reasonably available to the Avon Community Development Department, personnel with the qualifications and certifications necessary to perform GIS Services requested by the Town (“County GIS Staff”). The County will make best efforts to cause said personnel to be available on those dates and at those times as are mutually agreed upon between the Town of Avon Community Development Staff and County GIS Staff. The GIS Services are described as follows: 1. GIS Data Maintenance: The County GIS Staff will support the Town by creating and maintaining Town GIS data. Maintenance services will be provided as follows: a) County GIS Staff will process field data collected by Town Staff with mobile GPS equipment. The County uses Trimble GPS units, Trimble TerraSync, and Avon-Eagle County IGA re GIS Services 2014 Page 2 of 5 Trimble Pathfinder Office. All GPS data from Town must be delivered in a format usable within the parameters of County GIS Staff’s existing software. b) County GIS Staff will maintain GIS related data layers including but not limited to parcel boundaries, streets, zoning, building footprints, and addresses. c) County GIS Staff will diagnose data and database technical problems develop solutions and safeguard the integrity of the Town GIS data layers and database. This diagnosis is limited to the Town data and database and does not include diagnosis of the Town GIS software and programs that run internally within their network. d) There is a minimum guarantee that the County GIS Staff will provide at least 0-2 hours of work per week for regular GIS data maintenance duties. The 0-2 hours of work for data maintenance includes processing the Town GPS data, maintaining the Town GIS related data layers, and safeguarding the integrity of the Town GIS data (not Special Projects), all of which are outlined in items a), b), and c) within this section. 2. Special Projects. The County GIS Staff may provide approximately 5-20 hours of work per week for complex spatial analysis work and for project maps to support Town staff with special projects (“Special Projects”). To allow County GIS Staff adequate time to prepare, the Town will provide not less than three (3) weeks’ notice for any/all Special Projects via email. 3. Data Updates. The County GIS Staff will provide the Town with updated Data not less than every three (3) months, to keep the Town’s online GIS Viewer information up to date. The Data will be sent by the County on CD via USPS and the Town will be responsible for loading the data onto their local network. 4. GIS Disclaimer. All maps created at the County will include the following disclaimer: “This map was created by the Eagle County GIS Department. Use of this map should be for general purpose only. Eagle County does not warrant the accuracy of the data contained herein.” B. TOWN RESPONSIBILITIES 1. Map Reproduction. The Town will reproduce all maps with Town equipment. The County GIS Staff will deliver all maps to the Town in a digital file format. 2. Data Sharing. The Town will share all GIS data available as of the date of this agreement with the County, and the County will safeguard the integrity of the GIS data layers and database. Upon termination of this Agreement, the County will promptly (not more than 30 days) deliver all data and projects created during the life of this Agreement to the Town. Avon-Eagle County IGA re GIS Services 2014 Page 3 of 5 C. AUTHORIZED REPRESENTATIVES. The County designates Amy Szczesny, GIS Department Manager as its Representative for the Agreement. The County’s Representative is its liaison officer to the Town for all purposes in carrying out the Agreement. The Town designates Matt Pielsticker, Senior Planner as its Representative for the Agreement. The Town’s Representative is its liaison officer to the County for all purposes in carrying out the Agreement. D. MEETINGS. All necessary meetings between the County and the Town will be at the County Building (500 Broadway, Eagle, CO). The County will not be expected to travel to the Town, unless mutually agreed upon between the Town of Avon Community Development Staff and County GIS Staff. E. COMPENSATION. For GIS Services provided hereunder, the Town shall pay the County at the rate of $60 per hour, in addition to any direct costs that may be incurred by Eagle County. County shall provide the Town with quarterly invoices identified the work performed during the current quarter. County shall include any additional supporting documentation that the Town may request. The Town shall make payment to the County within thirty (30) days of receipt of the County invoice. F. PERSONNEL. Every County officer and employee engaged in performing GIS Services under the terms of this Agreement shall remain an officer or employee of Eagle County while performing the same and the relationship of the County GIS Staff to the Town of Avon under this Agreement is that of an independent contractor. In this capacity, and for the sole purpose of providing the services contracted for hereunder, the County GIS Staff shall be considered to be the agents of the Town of Avon. This Agreement does not change the status of any employee, contractor or officer of the Town or County. G. LIABILITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. H. INSURANCE. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. The Parties further agree, without waiving any governmental immunity protection to which they and their officials and employees are entitled under CRS 24-10-101 et seq., to procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. I. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be Avon-Eagle County IGA re GIS Services 2014 Page 4 of 5 available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. J. TERM AND TERMINATIONS. This Agreement will be effective as of the effective date stated above and will terminate on December 31, 2014, 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 Town Manager and the Eagle County Manager and such extension does not alter or amend any of the terms or provisions of this Agreement. If either party fails to substantially perform the duties and obligations in accordance herewith, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon thirty (30) days written notice. K. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Town of Avon Eagle County Attn: Matt Pielsticker Attn: Amy Sczcesny Address: P.O. Box 975 Address: P.O. Box 850 One Lake Street 500 Broadway Avon, CO 81620 Eagle, CO 81631 Phone: 970-748-4413 Phone: 970-328-3552 Email: mpielsticker@avon.org Email: amy.sczcesny@eaglecounty.us L. MODIFICATION. This Agreement contains the entire agreement between the Parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. M. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // Avon-Eagle County IGA re GIS Services 2014 Page 5 of 5 IN WITNESS WHEREOF, Each party, by signature below of its authorized representative, herby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. EAGLE COUNTY, by and through its Board of County Commissioners By:_____________________ Date:________ Attest:_____________________________ Sara J. Fisher, Chairman Teak Simonton, Clerk to the Board TOWN OF AVON By: _____________________ Date:_______ Attest:_________________________ Rich Carroll, Mayor Patty McKenny, Town Clerk Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: December 3, 2013 Re: 2013 Property Tax Levies Summary: Resolutions #13-36 and #13-37 levying property taxes for Town of Avon general operating, Town of Avon debt service, and the Avon General Improvement District No. 1 are hereby submitted for adoption. The property tax mill rates will be levied as follows: o General operating purposes - 8.956 mills, no change from the previous year; o Debt service - 3.302 mills, an increase of 0.275 mills from 2012; o Avon General Improvement District No. 1 – 17.557 mills, an increase of 2.269 from the previous year. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: A – Resolution 13-36 B – Resolution 13-37 Town of Avon Resolution No. 13-36 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 13-36 SERIES OF 2013 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2013, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2014 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 26, 2013; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,493,277; and WHEREAS, the amount of money to balance the budget for bonds and interest is $550,558; and WHEREAS, the 2013 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $166,734,780. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2014 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2014. Section 2. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2014 budget year there is levied a tax of 3.302 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2014. Section 3. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED this 10th day of December, 2013. Town of Avon Resolution No. 13-36 Page 2 of 2 TOWN OF AVON, COLORADO ______________________________ Rich Carroll Mayor ATTEST: _____________________________ Patty McKenny Town Clerk Form DLG 70 (rev 7/08) Page 1 of 4 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners 1 of Eagle County , Colorado. On behalf of the Town of Avon , (taxing entity)A the Town Council (governing body)B of the Town of Avon (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 178,840,160 (GROSS D assessed valuation, Line 2 of the Certification of Valuation Form DLG 57 E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 166,734,780 (NET G assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 12/10/2013 for budget/fiscal year 2014 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating Expenses H 8.956 mills $ 1,493,277 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate Reduction I < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 8.956 mills $ 1,493,277 3. General Obligation Bonds and Interest J 3.302 mills $ 550,558 4. Contractual Obligations K mills $ 5. Capital Expenditures L mills $ 6. Refunds/Abatements M mills $ 7. Other N (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 12.258 mills $ 2,043,835 Contact person: (print) Scott C. Wright, Finance Director Daytime phone: ( 970 ) 748-4055 Signed: Title: Mayor Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). Town of Avon Resolution No. 13-37 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 13-37 SERIES OF 2013 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2013, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2014 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 26, 2013; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $40,000; and WHEREAS, the 2013 net total assessed valuation for the property included in the District as certified by the County Assessor is $2,278,310. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Town of Avon Resolution No. 13-37 Page 2 of 2 Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2014 budget year there is levied a tax of 17.557 mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2013. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED this 10th day of December, 2013. TOWN OF AVON, COLORADO ______________________________ Rich Carroll Mayor ATTEST: _____________________________ Patty McKenny Town Clerk Form DLG 70 (rev 7/08) Page 1 of 4 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners 1 of Eagle County , Colorado. On behalf of the Town of Avon General Improvement District No.1 , (taxing entity)A the Town Council (governing body)B of the Town of Avon (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 2,278,310 (GROSS D assessed valuation, Line 2 of the Certification of Valuation Form DLG 57 E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ (NET G assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 12/10/2013 for budget/fiscal year 2014 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY 2 REVENUE2 1. General Operating Expenses H 17.557 mills $ 40,000 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate Reduction I < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 17.557 mills $ 40,000 3. General Obligation Bonds and Interest J mills $ 4. Contractual Obligations K mills $ 5. Capital Expenditures L mills $ 6. Refunds/Abatements M mills $ 7. Other N (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 17.557 mills $ 40,000 Contact person: (print) Scott C. Wright, Finance Director Daytime phone: (970) 748-4055 Signed: Title: Mayor Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.26 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 There were no changes to the agenda. 3. PUBLIC COMMENT There were no comments at this time. 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) There was a presentation of the Special Events Work Plan, including the 2014 recommendation for the “seeding” of special events, including cultural, recreational, social and music festivals. There was discussion about 1) that this plan tries not to compete with the region’s events, i.e. Vail, 2) some discussion about the dates and inclement weather during those timeframes. The plan speaks to the town’s Special Event objectives listed in Council’s adopted Strategic Plan, which specified cultivating a well- rounded special events calendar over the next five years. Mayor Carroll moved 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. Councilor Wolf seconded the motion and it passed unanimously (Councilor Dantas absent). 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) The marketing services agreement was presented with an introduction about Origin’s Design + Communication that would provide branding, logo identity, and tagline development services to the town with an estimated cost of $43,500. Staff requested consideration of the Professional Services Agreement included in the packet materials. The packet memo included information about the background, branding, and the RFP & Interview Process that took place over the past few months. It was noted that the documentation also included estimates for each branding component. Some of the topics discussed included:  the process for brand conceptualization may need further detail regarding the need for revisions  the professional services agreement may still need some final revisions to align the proposal  any scope changes would require council’s approval  final adoption proposed in March 2014  one of the objectives is to measure the return on the events and the development of the new brand  the budget also includes community survey  the company, Origins, proposes coming to Avon to hold open houses & presentations in general TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.26 Minutes Page 2 Councilor Fancher moved to 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. Councilor Evans seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 4.3. Action on MUNIRevs Subscription Agreement (Finance Director Scott Wright) Staff noted that the MUNIRevs product is a cloud-based tax collections & licensing system automating the work flow thru onling paperless system and is slated to help the town manage tax collections with online collections and electronic payments. The annual costs to MUNIRevs is estimated at $15,276 which is based upon number of business utilizing the system. The initial startup costs include $6,875K with both costs included in 2013 & 2014 budgets. Staff requested Council’s approval of the subscription agreement so that implementation begins immediately. Other topics discussed included:  update presented on the use of MTRiPS by the lodging community with a request from the lodges that the town continue funding the program for another year  the nature of the “security for this online information”  3rd party company that manages the credit card information that neither muni revs nor the town will maintain that info / the company enters  Data is owned by town & returned to town – stored in a sequel database format  That town will work closely with the business community on this transition Mayor Carroll moved to authorize that the MUNIRev Master Subscription Agreement be executed; Councilor Evans seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 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 Mayor Carroll asked that all resolutions be presented together & then the hearings and roll call votes would occur on each resolution. Kelly Huitt, Budget Analyst, noted the budget revisions highlighted per the council packet memo. Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor Wolf moved to approve Resolution No. 13-32, Series of 2013, Resolution to Amend the 2013 Town of Avon Budget; Councilor Evans seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 4.4.2. Resolution No. 13-33, Series of 2013, Resolution to Amend the 2013 Town of Avon Capital Projects Fund Budget Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor Wolf moved to approve Resolution No. 13-33, Series of 2013, Resolution to Amend the 2013 Town of Avon Capital Projects Fund Budget; Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 4.4.3. Resolution No. 13-34, Series of 2013, Resolution to Adopt the 2014 Town of Avon Budget Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.26 Minutes Page 3 Councilor Wolf moved to approve Resolution No. 13-34, Series of 2013, Resolution to Adopt the 2014 Town of Avon Budget; Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 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 Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor Wolf moved to approve 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; Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 4.5. Resolution No. 13-31, Series of 2013, Resolution Certifying Delinquent Charges for Collection by the Eagle County Treasurer (Finance Director Scott Wright) It was noted that the Resolution details the delinquent charges to be certified and collected by the Eagle County Treasurer. Notifications were sent to the owners of the two properties that are delinquent. Councilor Evans moved to approve Resolution No. 13-31, Series of 2013, Resolution Certifying Delinquent Charges for Collection by the Eagle County Treasurer; Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 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) The presentation of the Ordinance included a review of the following topics. It was noted that the proposed modifications outlined in Ordinance 13-14 would provide clarity and cleanup the Municipal Code (Title 7, AMC) sections that are redundant, contradictory, obsolete, or have been found to be troublesome for code users. There was a review of each section outlining the changes which were detailed in the council packet memo: 1) Section 7.08, Definitions – Pages 23, 27-29, 32-33, 35, 37-38, 45 2) Section 7.12.070, Historic Preservation Advisory Committee – Pages 52-53 3) Table 7.16-1, Development Review Procedures and Review Activity – Page 54 4) Section 7.16.020(d)(2), Mailed Notice – Page 58 5) Section 7.16.050, Rezoning – Page 62-63, 169 6) Section 7.16.160, Appeal – Page 89 7) Table 7.20-7, Dimensions for the Neighborhood Commercial District – Page 94-95 8) Section 7.28.100(d), Flood Damage Prevention – Page 179-185, 188-189 9) Chapter 7.50, Historic and/or Cultural Preservation Designated – Page 267-270 10) Section 8.32.020, Wildlife Protection – Page 8-27 – 8-28 11) Section 15.02.010, Definitions – Page 15-5 12) Section 15.16.060, Section 902 – Masonry Fireplaces – Pages 15-28 – 15-32 13) Section 15.24.035, Regulations above elevation of seven thousand eight hundred twenty feet – Page 15-39 – 15-40 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.26 Minutes Page 4 The primary focus of the discussion was on items #12 & #13 and how to best revise the use of fireplaces in Avon. T here was a review of both the recommendations from staff and the Planning and Zoning Commission. Certain discussion topics addressed such things as 1) why the requirements with the elevations, 2) the ability to use the newer EPA approved fireplaces, 3) what other area communities require and trying to be more consistent in the region, and 4) the idea of removing the fee. Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor Wolf moved to approve 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 with the following conditions, 1) allow the use of new technology devises that are EPA approved wood burning fireplaces throughout town, 2) remove the current fee imposed on fireplaces, 3) remove any requirements related to elevations. Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Dantas absent). 4.7. Consent Agenda 4.7.1. Minutes from November 12, 2013 Meeting (Town Clerk Patty McKenny) Councilor Reynolds moved to approved the minutes from November 12, 2013; Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Dantas absent, Councilor Evans abstained as he was not present at the meeting). At this time Mayor Carroll acknowledge the representatives attending the meeting to address the Town Council related to the campaign capital funding request to be used for the construction of the Castle Peak Senior Care Community. Representatives who spoke included Lisa Pease (Augustana Care), Barbara Allen, Dave Pease, Gene Hagerman, and Doris Dewton with letters from the Paul Johnston family & Michelle Maloney read into the record in support of the project. There was additional time spent with Lisa Pease who spoke further about the project and contributions from other communities. There was further input from council members about the funding options with some comments from Town Attorney Eric Heil about multiyear funding commitments. It was decided to schedule the topic for further discussion on December 10 in order to review the funding source options as well as some comparisons with other towns responding to the request. It was noted that this decision would also allow the topic to be considered by all council members and noticed on the public agenda. 5. WORK SESSION 5.1. Village at Avon Update (Town Attorney Eric Heil) It was noted that there have been no updates since the last meeting and likely the next update would occur January 2014. 6. FISCAL YEAR 2013 FINANCIAL REPORT ONLY (BUDGET ANALYST KELLY HUITT) There was a request to include the Colorado Association of Ski Towns summary of revenue collection information and a % change compared to budget as well as compared to prior year be included with this report. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.11.26 Minutes Page 5 7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 7.1. WinterWonderGrass Security Planning (Councilor Jake Wolf) Councilor Wolf presented information about a meeting with town staff, Scott Stoughton and Councilor Fancher at which time the security inside the venue was discussed. 8. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Councilor Wolf moved to convene into Executive Session at 8 pm for purpose noted below; Councilor Evans seconded the motion which passed unanimously by those present (Councilor Dantas absent).  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 Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Wolf, and Town Manager Virginia Egger. Councilor Dave Dantas 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 ________________________________ Work Session: VVMBA December 10, 2013 Town Council Meeting Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: December 3, 2013 Agenda Topic: Work Session with Vail Valley Mountain Bike Association (VVMBA) Vail Valley Mountain Bike Association (VVMBA) Board member Jaime Malin will present a PowerPoint at Tuesday’s meeting about the opportunities for mountain bike trail development in the Town of Avon and, in particular, at the West Avon Preserve. He will also speak about the goal of having Eagle County designated as an International Mountain Bike Association’s Ride Center during the session. VVMBA BACKGROUND INFORMATION Board of Directors Peter Geyer – President Kathleen Sedillo - Board Member John McDade - Vice President Frank Mitchell - Board Member Jamie Malin – Secretary Mark Luzar - Board Member Christy Geyer - Treasurer Mission Statement and Purpose Sec. 1 MISSION: Vail Valley Mountain Bike Association is a non-profit educational association whose mission is to create, enhance and preserve great trail experiences for mountain bikers Eagle County, and to create a bicycle friendly community through cycling awareness, safety advocacy and promotion of bicycling for fun, fitness and transportation. To preserve, protect, and promote mountain bike access and diverse riding opportunities on Colorado’s public and privet lands through education, communication, and unified action. Sec. 2 PURPOSE: • Integrating bicycling with all other forms of transportation. • Clean air and water – sustainability as a 21st century imperative for all communities. • Wellness and healthy lifestyles. • Bicycling for fun – whether solo or with companions. • Ensuring the future of mountain biking • Promotion of responsible riding and maintenance of mountain biking trails, and preservation • Educate cyclist and non-cyclist about mountain biking and provide information on building legal trails • Encourage youth involvement. · Establish community trail networks with appropriate mapping and signage. · Gain support from other clubs, industry, shops, other trail users and land management groups. · Trail user education. · Keep the single track (single · Trail sustainability 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 Heil, Town Attorney RE: Council Residency Requirements and Town Code of Ethics DATE: December 4, 2013 SUMMARY: This memorandum is a follow-up per Council’s direction to discuss the Town of Avon’s residency requirements for Council members and the Town Code of Ethics concerning business activities related to, but after, official Council actions. RESIDENCY: The Avon Municipal Code (“AMC”) sets forth specific requirements for the determination of residency of Town Council members and their continuing eligibility for the Town Council. As a home rule community, the Town of Avon has the authority to adopt residency qualifications that differ from state statute provided that such deviations do not infringe upon constitutional protections. Avon’s residency requirements vary from state statutes and case law in (1) the list of relevant evidence to consider and (2) the ability to continue the residency qualification for one year even if the Council member has lost his or her “abode” within Avon. The list of relevant evidence to be considered when determining residency is re-printed below. Generally, Avon’s criteria list tracks the Municipal Election Code but with slightly more definition. 2.32.090 Relevant evidence. The Council may consider any relevant evidence on residency of the affected member, including but not limited to the following: (1) Expressed intent of the affected member to return to a home or place of abode in Avon within six (6) months after losing same. Although this expressed intent shall be very important in making the determination of continued residency, it shall not be the sole criteria; (2) Activities of the affected member in acquiring a home or place of abode in Avon; (3) Location of current habitation of the affected member; (4) Length of time the affected member has resided at the out-of-Town habitation; (5) Ownership (including type, length of time and whether residential) of real and personal property within the Town; (6) Mailing address; (7) Business interests in the Town including involvement of the affected member in the business; (8) Employment in the Town; (9) Income sources; (10) Age; (11) Marital status; (12) Residence of spouse, children or parents; (13) Leaseholds interests both within Town and at current out-of-Town habitation; M EMORANDUM & PLANNING, LLC Avon Town Council Council Residency Requirements and Town Code of Ethics December 4, 2013 Page 2 of 4 (14) Voter registration; (15) Motor vehicle and driver's license registration; (16) Participation of the affected member in the meetings and affairs of the Council and Town. Courts in Colorado have considered voter eligibility criteria when considering legal challenges to residency and eligibility for elected municipal officials. The voter eligibility criteria in C.R.S. §31-10-201(3) [Municipal Election Code] and C.R.S. §1-2-102 [Uniform Election Code of 1992] are re-printed below. Municipal Election Code § 31-10-201. Qualifications of municipal electors (3) The judges of election, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as they may be applicable:   (a) The residence of a person is the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a principal or primary place of abode of a person, the following circumstances relating to such person may be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration. [emphasis added].   (b) A person shall not be considered to have lost his residence if he leaves his home and goes into another state or territory or another county or municipality of this state merely for temporary purposes with an intention of returning.   (c) A person shall not be considered to have gained a residence in this state or in any municipality in this state while retaining his home or domicile elsewhere.   (d) If a person moves to any other state or territory with the intention of making it his permanent residence, he shall be considered to have lost his residence in the municipality from which he moved.   (e) If a person moves from one municipality in this state to any other municipality in this state with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in the municipality from which he moved. Uniform Election Code of 1992 § 1-2-102. Rules for determining residence   (1)    The following rules shall be used to determine the residence of a person intending to register or to vote in any precinct in this state and shall be used by election judges in challenge procedures:   (a)  (I)  The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence. [Emphasis added].   (II) The mailing address of a homeless individual shall constitute that individual's residence for purposes of registering or voting in any precinct in this state. A homeless individual who has no mailing address shall not be eligible to register or to vote. The mailing address of a homeless individual may include a shelter, a homeless service provider, or a private residence, but it may not include a post office box or general delivery at a post office.   Avon Town Council Council Residency Requirements and Town Code of Ethics December 4, 2013 Page 3 of 4 (b) In determining what is the principal or primary place of abode of a person, the following circumstances relating to the person shall be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse or civil union partner, and children, if any, leaseholds, situs of personal and real property, existence of any other residences and the amount of time spent at each residence, and motor vehicle registration. [emphasis added].   (c) The residence given for voting purposes shall be the same as the residence given for motor vehicle registration and for state income tax purposes.   (d) A person shall not be considered to have gained a residence in this state, or in any county or municipality in this state, while retaining a home or domicile elsewhere.   (e) If a person moves to any other state with the intention of making it a permanent residence, that person is considered to have lost Colorado residence after twenty-two days' absence from this state unless the person has evidenced an intent to retain a residence in this state by a self-affirmation executed pursuant to section 1-7.5-107(3)(b.5).   (f) If a person moves from one county or precinct in this state to another with the intention of making the new county or precinct a permanent residence, the person is considered to have residence in the county or precinct to which the person moved.     Case law in Colorado has upheld significant leniency in determining the “principal abode” by relying upon the intent of the person’s whose eligibility is under review. However, the maintenance of a residence within the jurisdiction is necessary in order to determine whether such residence is the “principal or primary place of abode.” In this regard, the AMC grants additional leniency if a Council member is determined to have lost his or her residence in Avon. AMC Sec. 2.32.020 states the Town Council “may continue such Council Member's residency qualification and membership on the Council if the Council determines, prior to the expiration of such thirty-day period, that the affected Council Member intends to regain a home or place of abode within the Town prior to the next general municipal election or within one (1) year of such determination, whichever first occurs.” Options for Council Consideration: AMC Sec. 2.32.020 could be amended to more closely conform with the Municipal Election Code by reading as follows: “When a Council Member loses his or her home or place of abode within the Town, as defined herein, upon the expiration of thirty (30) days after the loss of such home or place of abode in the Town, such Council Member shall be considered disqualified as a Council Member for failure to maintain residency in the Town.” In the alternative, AMC Sec. 2.32.020 could be amended to allow a lesser time than 1 year to re-establish a primary residence in Avon, such as 3 months or 6 months. CODE OF ETHICS: Avon’s Town Code of Ethics establishes restrictions on taking official actions which directly and substantially affects an economic or business interest of a Town Official. There is no restriction in the Town Code of Ethics on business dealings related to matters involving official actions of Town if such Avon Town Council Council Residency Requirements and Town Code of Ethics December 4, 2013 Page 4 of 4 business dealings occur after the official action is taken. The State Code of Ethics states guidelines on subsequent business dealings, which is re-printed as follows. § 24-18-105. Ethical principles for public officers, local government officials, and employees   (3) A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant.   Note that the state guidelines are not prohibitions and the statutes expressly state that these guidelines do not constitute violations of the state Code of Ethics. Also, the state guidelines are specific to terminating employment in the public sector and accepting employment that takes advantage of a prior regulatory position. Options for Council: Council may wish to consider amending the Town Code of Ethics to prohibit accepting employment or engaging in any business dealings for a designated period of time after participating in an official action related to such employment or business dealing (3, 6 or 12 months). Such a rule could also include provisions that allow the Council to determine such employment or business dealing is not a prohibited conflict of interest after review of the circumstances. REQUESTED DIRECTION: Direction from Council on whether to proceed with amendments to the Avon Municipal Code regarding Town Council residency requirements and/or the Town Code of Ethics. Amendments to the Avon Municipal Code would require adoption of an ordinance. If Council desired to proceed with amendments to the Avon Municipal Code then an ordinance could be presented for first reading at the January 14, 2014 regular Council meeting. In the alternative, if there are issues which Council desires more consideration or research, or if Council desires to discussion additional topics related to the Town’s residency definition and criteria or related to the Town Code of Ethics then a future work session could be scheduled. Finally, Town Council is not required to take any action. Thanks, Eric TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: December 3, 2013 Agenda Topic: Nottingham Park Performance Stage Work Session Town staff will review with Council various stage designs to demonstrate a range of options for Nottingham Park. The first set of options is described in the Harry A Nottingham Park Performing Arts Pavilion prepared and presented to Council in September, 2009. The document includes sketches for the park as well as stages which were constructed at other venues. From this work, the Town proceeded to design and prepare bid documents, which were 90% completed in August, 2010. The estimated cost was just under $600,000 and placed a 25’x35’ foot performance stage juxtaposed to the northeast wing of the existing Town Hall. The stage is large enough to accommodate bands that typically perform at the “Salute to the USA” July 3rd event. Renderings of the stage are included in this packet. Also included is a simpler and more likely interim bandstand/stage design that has been provided to Avon from Mr. Buddy Simms with the permission of Mr. Tab Bonidy. Tab’s design is straight forward and had the intended purposes of providing a bandstand/stage for the high school and community bands and theater classes in the park across from the Freedom Park Memorial in Edwards. The projected cost is $153,000. The last photos include the Telluride Park Stage and the Minturn stage. The Telluride stage was constructed in in the early 1990’s and cost $75,000. Changes were made to the roof to improve sound quality over the next year. The stage hosts the Telluride Bluegrass Festival, Blues and Brews, Shakespeare and other theatre plays and activities affiliated with the two film festivals. It has under stage storage and good access for large delivery trucks and performer 18-wheelers. For the Minturn stage, no cost or use information was collected. Council has indicated a strong interest in moving forward on a stage. With investments in new special events and the need for a performance space which could accommodate theatre, community performances as well as festival performers, a stage is an integral element for these productions. Town staff has identified that funding is available from Community Enhancement Funds ($330,000 - $533,000) and/or from Fund Balances in the General and Capital Funds which could cover the full cost of $600,000+. There are two key questions in regards to the stage development decision: 1) the location of a structure; and 2) the predominant uses, both of which have been studied by the Town: Location:  Near the Pumphouse – An ideal location for reducing sound impacts on the neighborhood and the visual aesthetics of activity on the stage with a Nottingham Lake backdrop. Path/roadway for loading and access by performers would be a challenge. Storage could be limited. This site was identified in the West Town Center Plan (2007).  Northeast Wing at Town Hall – As recommended in the Master Plan for Harry A. Nottingham Park (November 2008), staff recommends Council continue to evaluate the relocation of Town Hall and use of the current Town Hall site for parking – initially surface with longer term a structure being built. If a parking structure was planned, it would provide an ideal structure to also house needed space for stage operations and storage. The stage as designed by the Town in 2010 in this location could be constructed now, with relocation of Town Hall and parking lot construction not being impeded in the future. Uses:  One stage cannot meet all possible uses, but generally the stage should be large enough to support up to 10 acoustic musicians and have a fine sound capability – although it should be noted that various music genre’s require different sound considerations. This seems like the highest use to be accommodated. Large music production groups will always need to construct their own stage, and this is not unusual.  Other performers, such as theatre, can adjust the performance to the stage size with settings and sound needs will be adequate to very good, but not perfect.  Modest “green room” and dressing areas should be considered, although “green” rooms can easily be accommodated around the stage.  Emcee, speakers/panels (such as for a Writer’s Conference) and on stage uses, such as a dinner tasting, usually can be made welcoming with stage settings and properly sized PA-speaker systems. We look forward to answering questions of the Council. Town of Avon Engineering Department Recreation Department September 8, 2009 H.A. Nottingham Park Follow-Up from August 25 presentation TC directed Staff to come back with lower priced options that could be constructed in 2010 Staff to come back with outline of current programming of the park and potential future programming – Meryl Jacobs will present Park Master Plan Recommends Stage to be Constructed north of Town Hall near Engineering Wing Master Plan Budget $600,000. Permanent Structure, Will be Integrated into Zone H redevelopment Zone H in the Master Plan encompasses Town Hall & parking lots Zone H Redevelopment is after Town Hall is Relocated to Current Fire Station Site Master Plan Vision H.A. Nottingham Park Stage 25feet by 35feet, adequate to support Salute to the USA event Stage can be constructed so it won’t encroach into athletic field Stage will face north Good for sun glare Neighboring properties north of field may hear the sound Pavilion Location This image cannot currently be displayed. Master Plan Vision Master Plan Vision Master Plan Vision Recommendation Keep 5-year CIP fund balance above $1,000,000 Project budget must remain below $450,000 Phase the project. Immediate phase will meet existing needs Second phase after tall hall moves If pavilion to be constructed in 2010, must start design immediately Recommendation Develop programming and design committee to assist Staff Two Town Council Members Members of the community Relevant Staff Members Character sketches can be required as part of RFP Firms with top 3 sketches can be hired to prepare renderings The top firm with renderings will hired to complete project Project can be designed & constructed with Main Street Promenade The Proximity of the two projects, should be constructed by same general contractor Design in 2009 for $50,000 Construct in 2010 Nottingham Park Pavilion Programming Discussion Nottingham Park Master Plan Survey indicates that the most highly valued qualities of the park are: • Lake •Peaceful nature •Walking paths •Scenic views •Focal point for community gatherings The Nottingham Park Survey indicates strong public support for an amphitheatre and additional special events Over the past two weeks staff has: • met to discuss the design, programming, and construction of the Nottingham Park Pavilion. • Visited other towns with permanent stages. • Met with an architectural advisor. • Spoken with stage production and design consultants. Next Steps Form a programming and design committee that engages community partners to determine the program goals and phasing of project. Once the programming is fully defined the design can proceed and operational and maintenance costs can be evaluated. Other Venues Centennial Stage in Eagle, CO Centennial Stage – Eagle, CO Total cost of stage: $400,000. Active elements (i.e. tennis courts, softball fields) of the park were relocated in order to accommodate the stage area. Host to a series of six concerts each summer at a cost of $20,000. Vail Valley Foundation oversees the production of the series. Primary uses are small concerts, community events, and social gatherings. Lundgren Barn – Gypsum , CO Lundgren Barn – Gypsum, CO Cost to build - $500,000 (not representative of entire cost due to extensive volunteer efforts). Host to Gypsum Daze concert at the cost of $131,000 and a series of eight concerts during the summer at a cost of $42,000. Used primarily by community as a private party venue due to extensive amenities attached to the back of stage. Generates rental income . Portable Stages Portable stages work well because they are mobile and have the flexibility to move to various locations (i.e. Lake Street, Main Street, commercial core). Average cost of a portable stage rental and set-up ranges from $8,000 -$10,000. The Town utilizes a portable stage for the concert held during the Salute to the USA event. Avon, CO Aspen, CO Atlanta, GA We think it’s Canada. Example of winter set- up Montreal, Quebec 2010 Program Recommendations Phase I of pavilion project targeted to be complete by June 15. 2010 operational budgets will need to be revisited. Incorporate the new pavilion into the existing event schedule. Plan for one new special event to take place during the 2010 season. If timeline allows institute a reservation system and make available to the community. Programming beyond 2010 will be challenged by space constraints due to already busy event schedule. Additional Program Ideas for Phase I of Nottingham Park Pavilion Community Events Concert Series Comedy Series Big Screen Movie Series Talent Contest Public Speaking Battle of the Bands Dance Competition Open Mic Night Karaoke Children’s or Adult Community Theatre Spelling Bee Puppet Shows Story Telling Festival •Magic Shows •Poetry Reading •Wellness Series •Gardening Workshop •Political Debates •Culinary Exhibitions •X-Box Competitions •Ice Sculpting Competition / Exhibitions •Body-Building Competitions •Auctions •Fight Nights Public Services •High School Graduations •Wedding Ceremonies •Memorial Services •Sunset Church Services •Award Ceremonies The Future Carry out Phase II of design when Town Hall relocates and economic environment returns to the “new normal”. Challenge will be to ensure that Phase I does not limit our future vision. VAg Inc. Architects & Planners www.vagarchitects.com 970.949.7034 © 2010 VAg Inc. Architects and Planners NOT T I N G H A M P AR K P AV I L L I O N : A VO N , C OL O R A D O April 13, 2010 Co n c e p t u a l R e n d e r i n g VAg Inc. Architects & Planners www.vagarchitects.com 970.949.7034 © 2010 VAg Inc. Architects and Planners NOT T I N G H A M P AR K P AV I L L I O N : A VO N , C OL O R A D O April 13, 2010 Co n c e p t u a l R e n d e r i n g