TC Council Packet 05-12-2015 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 12, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICERS
MAYOR JENNIE FANCHER
MAYOR PRO TEM JAKE WOLF
COUNCILORS
MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2)
REGULAR MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. ACTION ITEMS
4.1. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR REDS, WHITES & BREWS
(TOWN CLERK DEBBIE HOPPE)
4.2. CONTINUED PUBLIC HEARING ON A MINOR PUD AMENDMENT FOR LOTS 38 & 39, BLOCK 4, WILDRIDGE
SUBDIVISION (PLANNING MANAGER MATT PIELSTICKER)
4.3. PUBLIC HEARING FIRST READING OF ORDINANCE NO. 15-06, A REZONING OF LOT B, AVON CENTER
SUBDIVISION, FROM PUD TO TOWN CENTER (TC) ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER)
4.4. DIRECTION ON LOT B DEVELOPMENT CONCEPT FOR HOTEL PROJECT WITH NO RETAIL USES (PLANNING
MANAGER MATT PIELSTICKER)
4.5. APPROVAL TO HOLD DATE FOR AUGUST 2016 JAZZ FESTIVAL
(CARLOS MERCADO–NY@MX PRODUCTIONS)
4.6. ACTION ON REQUEST FOR JULY 29, 2015, DATE AND FUNDING OF THE VAIL INTERNATIONAL DANCE F ESTIVAL,
“DANCING IN THE PARK” (MIKE IMHOFF – VAIL VALLEY FOUNDATION)
4.7. RESOLUTION NO. 15-11, E STABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF MOBILE VENDOR CARTS
IN THE AVON COMMERCIAL CORE AND HARRY A. NOTTINGHAM PARK (TOWN MANAGER VIRGINIA E GGER)
4.8. MINUTES FROM APRIL 28, 2015 MEETING (TOWN CLERK DEBBIE HOPPE)
5. WORK SESSION
5.1. DIRECTION ON PROPOSED SOUND AND LIQUOR PERMIT CHANGES FOR THE PAVILION & MAIN STREET M ALL
(FESTIVALS & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY & DIRECTOR OF ECONOMIC INITIATIVES SUSAN
FAIRWEATHER)
5.2. PRESENTATION OF 2015 SUMMER RECREATION P ROGRAMS & SUMMER EVENTS
(DIRECTOR OF RECREATION JOHN CURUTCHET & DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA
DEMPSEY)
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
7. MAYOR & COUNCIL COMMENTS
8. WRITTEN REPORTS
8.1. AVON POLICE DEPARTMENT FIRST QUARTER REPORT (POLICE CHIEF BOB TICER)
9. ADJOURNMENT
Page 1
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MAY 12, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICERS
CHAIRMAN JENNIE FANCHER
VICE CHAIRMAN JAKE WOLF
BOARD MEMBERS
MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT - COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICATION NAME: SAMANTHA REMINGTON ANGEL HEART FOUNDATION
EVENT NAME: REDS, WHITES & BREWS
EVENT DATE: JUNE 20, 2015
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: JEN RADUEG
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. RENEWAL OF LIQUOR LICENSES
6. MINUTES FROM APRIL 28, 2015
7. ADJOURNMENT
Page 2
REPORT FOR AVON LIQUOR LICENSING AUTHORITY
To: Avon Liquor Licensing Authority
From: Debbie Hoppe, Town Clerk
Date: May 12, 2015
Agenda topic: SPECIAL EVENTS PERMIT APPLICATION – PUBLIC HEARING
The Town Council serving as the Local Liquor Licensing Authority will consider a Special Events Permit
Application for the upcoming Reds, Whites & Brews Event. A public hearing is required before final action
is taken.
Applicant Name: Samantha Remington Angel Heart Foundation
Event Name: Reds, Whites & Brews
Event Dates: June 20, 2015; 8 a.m. until 9 pm
Location: Nottingham Park
Event Manager: Jen Radueg
Permit Type: Malt, Vinous & Spirituous Liquor
The applicant has submitted the appropriate materials required by the State of Colorado Liquor
Enforcement Division and all materials are in order. Samantha Remington Angel Heart Foundation is
applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the Reds, Whites & Brews
Event on June 20, 2015. The Nottingham Park premise has been posted with notice of the public hearing
for this application. The event manager will be present to answer question about the application. There
are local liquor licensing fees associated with the special event permit; the applicant has submitted the
appropriate local fees.
Special Events permits are issued by the Liquor Enforcement Division and the Local Licensing Authority to
allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute
alcohol beverages in connection with public events. Because of their temporary nature, needs and desires
(reasonable requirements of the neighborhood) are not considered by the licensing authorities as a
condition of issuance. Applications are made directly with the local licensing authority having jurisdictions
over the place of the event. Article 48 of Title 12 regulates the issuance of special events permits. Note
that these permits may only be issued for prescribed hours during the day and for not more than 15 days in
any one calendar year.
SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS:
The applicants for the special events permit have submitted the following materials:
Application for a Special Events Permits (State form DR 8439)
Alcohol Management Plan
Diagram where liquor will be served
Certificate of Good Standing
Proof of Insurance
Police Report on Background Checks
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, APRIL 28, 2015
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Board members present
were Megan Burch, Matt Gennett, Jake Wolf, Scott Prince, Sarah Smith Hymes and Buz Reynolds. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker,
Executive Assistant Preston Neill and Town Clerk Debbie Hoppe, as well as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: BEAVER CREEK RESORT COMPANY OF COLRADO
EVENT NAME: BEAVER CREEK RODEO SERIES
EVENT DATES: JUNE 25, JULY 1, 8, 15, 22 & 29, AUGUST 6 & 13, 2015; 4:00 PM UNTIL 10:00 PM
LOCATION: TRAER CREEK LOT 1
EVENT MANAGER: ANNA ROBINSON
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
The application was presented by Elizabeth Jones. Vice Chairman Wolf moved to approve the Beaver Creek
Resort Company of Colorado Special Event Permit; Board member Prince seconded the motion and it
passed unanimously with those present.
5. RENEWAL OF LIQUOR LICENSES
5.1. APPLICANT: EAST WEST RESORTS, LLC & AVON RIVERFRONT, LLC D/B/A WESTIN RIVERFRONT RESORT & SPA &
MAYA
LOCATION: 126 RIVERFRONT LANE
TYPE: RESORT COMPLEX LICENSE
MANAGER: JOHN EVANS
Vice Chairman Wolf moved to approve the Resort Complex License for East West Resorts, LLC & Avon
Riverfront, LLC d/b/a Westin Riverfront Resort & Spa & Maya; and Board member Reynolds seconded the
motion and it passed unanimously with those present.
5.2. APPLICANT: BENCHMARK LIQUORS INC. D/B/A BEAVER LIQUORS
LOCATION: 110 E. BEAVER CREEK BLVD.
TYPE: RETAIL LIQUOR STORE LICENSE
MANAGER: DAVID COURTNEY
Board member Prince stepped down due to a conflict of interest. Board member Gennett moved to approve
the Retail Liquor Store License for Benchmark Liquors, Inc. d/b/a Beaver Liquors; and Vice Chairman Wolf
seconded the motion and it passed unanimously with those present. Board member Prince recused
himself.
LA 04-28-2015 Minutes Page 1
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, APRIL 28, 2015
AVON TOWN HALL, ONE LAKE STREET
6. MINUTES FROM APRIL 21, 2015
Board member Prince returned to the meeting. Board member Gennett moved to approve the Minutes from
April 21, 2015; Vice Chairman Burch seconded the motion and it passed unanimously with those present.
7. Adjournment
There being no further business to come before the Board, the meeting adjourned at 5:12 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
Megan Burch ______________________________________
Albert “Buz” Reynolds ______________________________________
Scott Prince ______________________________________
Sarah Smith Hymes ______________________________________
LA 04-28-2015 Minutes Page 2
TOWN COUNCIL REPORT
To: Mayor& Town Council
From: Debbie Hoppe, Town Clerk
Date: May 12, 2015
Re: Public Hearings for Outdoor Use of Amplified Sound Application Permit
The Town Council is asked to consider approving an Amplified Sound Permit on May 12, 2015, as requested by
Samantha Remington Angel Heart Foundation for the Reds, Whites & Brews Event.
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
Reds, Whites & Brews Event in the park start time for June 20th will be 8:00 a.m. and end time is 9:00 p.m.
Please note the public notice was published on May 4th in the Vail Daily for the public hearing on May 12, 2015. The
applicant has submitted the $25 processing fee for the amplified sound permit. The applicant’s representative Jen
Radueg will join the Tuesday hearing.
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, in making its decision to issue the Amplified Sound Permit, may consider the following:
1.1. Comments by the public.
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
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: May 6, 2015
Agenda Topic: PUBLIC HEARING | Case #PUD14007
Minor PUD Amendment for Lot 38 & Lot 39, Block 4, Wildridge Subdivision
Summary
At the April 28, 2015 meeting, the Avon Town Council reviewed this Minor PUD Amendment Application,
conducted a public hearing, and continued action to May 12, 2015. Staff was directed to produce the necessary
documentation to deny the Application, based on a failure to comply with the mandatory review criteria.
Attached to this cover Memo is the following information for your consideration:
• Draft Findings of Fact for Denial of the Application
• Revised Application Materials, received May 6, 2015 from Applicant
• April 28, 2015 Council Packet Materials
Recommended Motion
“I move to approve of the Findings of Fact and Final Decision to Deny the Minor PUD Amendment application for
Lot 38 & Lot 39, Block 4, Wildridge Subdivision, as presented by Staff.”
PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 1
AVON TOWN COUNCIL
FINDINGS OF FACT AND FINAL DECISION CONCERNING FILE #PUD14007
A MINOR PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION
FOR LOT 38 & 39, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, STATE OF COLORADO
The following findings of fact are made in accordance with Avon Municipal Code Section
7.16.060(e)(3):
1. Application Submitted. A Minor PUD Amendment Application (“Application”), was
submitted to the Community Development Department of the Town on December 19,
2014 by Bobby Ladd of RAL Architects, Inc. (“Applicant”).
2. Minor PUD Amendment to Wildridge PUD. The Application requests to amend the
zoning of Lot 38 & Lot 39, Block 4, Wildridge Subdivision, to allow a cumulative six (6)
single-family-detached structures in place of the currently entitled one (1) duplex
structure and one (1) fourplex or two (2) duplex structures on Lot 38 & Lot 39; reviewed
as a Minor PUD Amendment pursuant to code section 7.16.060(1)(ii).
3. Notice of Public Hearing. The Planning and Zoning Commission held a public hearing
on January 6, 2015, and February 17, 2015 after posting notice of such Public Hearing in
accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal
Code, and considered all comments provided.
4. Public Hearing before the Planning and Zoning Commission. The Planning and
Zoning Commission held a public hearing on January 6, 2015, and February 17, 2015
after posting notice of such Public Hearing in accordance with the requirements of
Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments
provided.
5. Public Hearing before the Town Council. The Avon Town Council held public
hearings on March 10, 2015, March 24, 2015, and April 28, 2015, after posting notice as
required by law, considered all comments, testimony, evidence and staff report prior to
taking action on the Application.
6. Mandatory Review Criteria. The Avon Town Council has examined the review
criteria set forth in §7.16.060(e)(4).
7. Final Decision and Findings. The Avon Town Council hereby DENY the Application,
pursuant and adopt the following Findings of Fact with respect to the Application:
FINDINGS OF FACT AND DECISION
L38/39, BLOCK 4, WR MINOR PLANNED UNIT DEVELOPMENT AMENDMENT
Page 1 of 2
1) The Application fails to address a unique situation, confer a substantial benefit to
the Town, or represent an improvement in quality over what could have been
accomplished through the strict application of the otherwise applicable
development standards. (§7.16.060(e)(4)(i)), because the Application did not
demonstrate that it was impossible to develop the property under the existing
residential land use approval and achieve a greater diversity in housing and less
excavation and grading of Lot 38 and Lot 39.
2) The Application fails to demonstrate that the residential land use change would
promote a diverse range of attainable housing as stated in §7.04.030 Purposes,
(n) Achieve a diverse range of attainable housing which meets the housing needs
created by jobs in the Town, provides a range of housing types and price points to
serve a complete range of life stages and promotes a balanced, diverse and stable
full time residential community which is balanced with the visitor economy, and
therefore fails to meet Review Criteria §7.16.060(e)(4)(iii) consistency with the
purposes of this Development Code.
3) The Application is not consistent with the Avon Comprehensive Plan,
specifically, the Application does not satisfy Goal F.1: Achieve a diverse range of
quality housing options to serve diverse segments of the population because the
Application will result in detached single family homes and the Application has
failed to demonstrate that the proposed residential development change will better
provide residential price ranges appropriate for local working families (Policies
F.1.1 and F.1.2.) and District 24: Wildridge Residential District defines the
Wildridge area as containing varying densities and the Application would result in
less duplex and multi-family development, and a stated Planning Principle in
District 24 is “Site buildings of varying sizes along the street to maximize sun
exposure, protect views, be compatible with existing surrounding development,
and break up building bulk,” and the Application would result in an interior
private drive that would not resulting in siting buildings along the street.
4) The Application failed to demonstrate that the Application is not likely to result in
significant adverse impacts upon the natural environment due to the extensive
amount of disturbance related to the driveway design and associated retaining
walls. (§7.16.060(e)(4)(v)).
THESE FINDINGS OF FACT AND FINAL DECISION ARE HEREBY APPROVED ON
MAY 12, 2015:
BY:__________________________ ATTEST:___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
FINDINGS OF FACT AND DECISION
L38/39, BLOCK 4, WR MINOR PLANNED UNIT DEVELOPMENT AMENDMENT
Page 2 of 2
1
Matt Pielsticker
Subject:FW: Wildridge PUD Amendment Lots 37 and 38
Attachments:150506_council revisions_small.pdf
Matt,
Please find attached some additional information for the above referenced project. If possible, can you please include the attached
documents along with this email in the informational packet to be distributed to Town Council?
The following is an explanation of proposed changes to the previously reviewed documents:
The site plan as shown on A0.1 is still the same relative to the house, driveway, and retaining wall locations. We are proposing a
change to the platted open space areas so that areas of the driveway and retaining walls are not included in the open space. The open
space areas have been expanded to make up for those areas to still maintain over an acre of deed open space on the
properties. Additionally, to address concerns about the amount of disturbance to the lots, we are now proposing that the open space
will be a “no construction” area and will be protected during the construction to maintain it in its native form. We have also decreased
the maximum allowable building sizes for both the overall building footprints and for the residential area of each lot. This will ensure
that the structures will stay smaller and further limit the amount of disturbance.
We have included a proposed landscape diagram for the proposal to better delineate the relationship of the building massing to the lot
and how the open space and smaller masses enhances the opportunity to create green space and landscape buffers lessening the impact
of the structures as viewed from the road and neighboring properties.
We have also included a conceptual drawing depicting a solution for the lot under the current existing zoning that consists of three
duplexes distributed on the properties as currently platted. In comparison, this drawing demonstrates that our proposed rezoning does
not create any additional disturbance in the nature of its design that would not already be inherent in construction under the current
allowed zoning. It also demonstrates a comparison of building sizes and shows that the single family structures as proposed are more
contextual and proportionate to the immediate surrounding neighbors whereas the duplex structures are significantly larger than all but
one of the surrounding neighbors.
I will also have this information at the next council meeting to present.
Thank you.
Bobby Ladd
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Brian Garner, Town Planner
Date: April 28, 2015
Agenda Topic: PUBLIC HEARING – Resolution 15-04
Case #PUD14007
Minor PUD Amendment for Lot 38 & Lot 39, Block 4, Wildridge Subdivision
UPDATED FOR APRIL 28 TOWN COUNCIL:
Council first considered the Application at the March 10, 2015 meeting and motioned to continue the case
to the March 24, 2015 meeting with additional details provided in the resolution. Resolution 15-04 was
updated to include more clarity in:
x Exhibit C - providing site specific details of the approval (PUD Amendment for Lots 38 & 39
Wildridge Subdivision)
x PUD Amendment conditions
Pursuant to the March 10, 2015 Council discussion, the minimum livable area proposed by the applicant
was reduced from 3,000 square feet to 2,500 square feet.
At the March 24, 2015 meeting Council requested more time to study the proposal and motioned to
continue the case to the April 28, 2015 Town Council meeting. Specific action items to staff included:
1. Provide the average single family lot size in Wildridge
2. List of all PUD amendments in Wildridge
3. Review of the PUD amendment eligibility criteria
4. Site visit with the Applicant to better understand the proposal
Staff Response to Action Items
1. The average lot size for Single-Family-Zoned lots is approximately 0.915 acres/39,857 square feet.
The applicant is proposing lot sizes between 0.47 acres to 0.87 acres (some lots include platted
open space).
2. The list of all PUD amendments in Wildridge is attached as Exhibit B. The parcels are identified
on the map and include the lot and block number. There have been sixteen (16) PUD amendments
approved since the inception of Wildridge.
3. PUD Amendment Categories. Categories of PUD amendments are established and defined as
follows for the purpose of determining the appropriate review procedure:
PUD Amendment Categories. Categories of PUD amendments are established and defined as
follows for the purpose of determining the appropriate review procedure:
(i) Administrative Amendment. A proposed PUD amendment is considered
administratively if it provides for the correction of any errors caused by mistakes
that do not materially alter the substance of the PUD development plan as
represented to the Town Council.
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APRIL 28, 2015 PACKET
(ii) Minor Amendment. A proposed PUD amendment is considered minor if it
meets the following criteria for decision and has been determined as such by the
Director:
(A) The PUD amendment does not increase density, increase the
amount of nonresidential land use or significantly alter any approved
building scale and mass of development.
(B) The PUD amendment does not change the character of the
development and maintains the intent and integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the
amount of open space or result in a change in character of any of the
open space proposed within the PUD.
(iii) Major Amendment. A PUD amendment that is not classified as an administrative or
minor adjustment is considered a major amendment.
Staff determined the Application is eligible for the Minor Amendment process for the following
reasons:
x The combined lots are entitled for six (6) units. The Applicant is proposing six (6) units.
x The Application does not increase the amount of nonresidential land use.
x Due to development standards such as setbacks and building height, the proposed building scale
and mass of development would remain approximately the same as would be expected if the
Applicant exercised the existing development rights.
x The character of the development remains residential as opposed to a PUD Amendment that
contemplates commercial or industrial uses, for example. Therefore, in the opinion of staff, the
PUD amendment maintains the intent and integrity of the PUD.
x The PUD amendment does not result in a net decrease in the amount of open space; conversely the
Applicant proposes additional platted and deeded open space that will be added to the PUD.
4. Site tours were conducted with several Council members as requested. Nobody was hit by
lightning but the cold was apparent.
Lastly, the Applicant has made one change to the overall plan pertaining to the subdivision plat. The platted
open space is now proposed to be absorbed into Lots C, D, E, and F rather than stand-alone open space
tracts as shown on attached Exhibit C. According to the Applicant, the Eagle Valley Land Trust did not
desire to place the tracts of land into a conservation easement. The advantage to this arrangement is that the
platted open space land will be held more accountable by the respective property owners and will provide
more clarity for purposes of maintenance and ownership. Staff is in concurrence with this arrangement and
feels this is the appropriate method for ensuring clear and proper maintenance of the land.
(End of Update)
Introduction
Bobby Ladd with RAL Architects, Inc., the Applicant, representing Wildridge Lots, LLC, the Property
Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the
allowed building type for Lots 38 & 39, Block 4, Wildridge Subdivision (the Property).
The current lot entitlements are as follows:
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APRIL 28, 2015 PACKET
Lot 38: Two (2) total dwelling units in the form of one (1) single-family-detached structure or one (1)
duplex structure
Lot 39: Four (4) total dwelling units in the form of one (1) fourplex or two (2) duplex structures.
The Application is requesting the ability to amend the zoning to re-subdivide the Property to develop a total
of six (6) single-family-detached structures. No change to the entitled density is requested; only a change to
the allowed building type. As required by the Avon Development Code, the application is being processed
as a Minor PUD Amendment. Attached to this report are a Vicinity Map and the Application materials.
Process
Minor PUD Amendment Process
This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii),
sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the
same process. The application, as submitted, meets the criteria for a Minor Amendment:
A. The PUD amendment does not increase density, increase the amount of nonresidential land use or
significantly alter any approved building scale and mass of development.
B. The PUD amendment does not change the character of the development and maintains the intent
and integrity of the PUD.
C. The PUD amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space proposed within the PUD.
Public Notification
The application was noticed in compliance with the Public Hearing and noticing requirements as set forth
in the Avon Development Code (ADC) Sec. 7.16.020(4) Constructive Notice. For the PZC hearing(s), a
mailed notice was provided to all property owners within 300’ of the property on January 5, 2015.
Additionally, a notice of public hearing was published in the Vail Daily newspaper on January 9, 2015.
A new public notification was performed for the March 10, 2015 Town Council hearing consisting of a
mailed notice and published notice.
Public Hearings
The application was first considered at the January 20, 2015 PZC meeting where the PZC motioned to
continue the application to the February 17, 2015 PZC meeting. Council considered the Application at the
March 10, 2015 meeting and motioned to continue to the March 24, 2015 meeting with additional details
provided in the resolution. Council will make a final decision on this Application through a Resolution after
holding one more public hearing on March 24.
Proposed PUD Amendment
The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The
Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units
entitled for each individual lot as shown in Exhibit A below. Highlighted are the subject properties with
their respective entitlements.
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APRIL 28, 2015 PACKET
Exhibit A – Wildridge Subdivision and PUD Land Use Summary
The Application includes a narrative, response to the mandatory review criteria, and preliminary site and
building design plans showing the proposed development scenario.
Conceptual Lot Split Plan:
As demonstrated in the attached conceptual lot split plan, this Application is requesting to create six (6)
separate lots of record that each would be permitted one (1) single-family-detached structure. The lot split
plan incorporates platted and deeded open space into Lots C, D, & F. Approval of this request would
supersede the existing entitlement of a duplex and a fourplex on the respective lots. The Conceptual Lot
Split Plan also demonstrates:
x Proposed Lots 38A-38F and respective lot sizes
x Existing easements for slope maintenance, drainage and snow storage
x Existing platted utility and drainage easement
x Proposed new utility and drainage easements
x Proposed building setbacks retaining the existing Wildridge standards
x Proposed platted “No Build” areas
x The primary platted Access, Utility & Drainage Easement
x Maximum building heights of 35-feet or topographic line 8460 as represented on the base
topographic survey, whichever is lower
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APRIL 28, 2015 PACKET
Conceptual Site Plan:
The applicant has provided a proposed site plan that demonstrates:
x The proposed siting of the six home footprints (conceptual siting)
x Proposed approximated square footage of each home footprint
x Approximate location of retaining walls
x Relationship of primary access drive to lots and homes
x Fire truck/emergency response vehicle turnaround areas
Modifications to Original Application
Modifications to the application were requested by the PZC and Council which have been addressed by the
Applicant and a revised application is being presented to Council at the April 28, 2015 meeting. The
following is a summary of the presented modifications:
x Consistent with existing entitlements, six (6) total units remain proposed
x Proposed development lots will remain single-family-detached (SFD) units
x Proposed Lot layout has been re-engineered to address neighboring property concerns
x SFD units shift from 5 units on the west side to 4 units
x SFD units on the east side shift from 1 to 2 units
x Maximum building footprints of 3,000-3,500 square feet are proposed
x Maximum residential floor area of 3,500-5,000 square feet is proposed
x A “glass ceiling” additional building height restriction on applicable lots
x Platted and deeded open space is incorporated into Lots C, D, & F
Next Steps if Council Approves:
o Major Subdivision review and approval by PZC and Town Council
o Major Development Plan with Design Review for each new home proposed (PZC review
and approval)
o Building Permit review and approval (administrative)
Staff Analysis
Staff worked closely with the applicant to propose a project that meets the applicable review criteria, meets
the intent of the Development Code and the Comprehensive Plan and to mitigate impact to adjacent
properties. The proposal to allow six separate single-family-detached structures in lieu of the entitled
duplex and fourplex (or two duplexes) does not change the density and will have an overall positive effect
on the mass and scale of the developed property. By separating the potential structural massing, the visual
impact of the developed site is minimized revealing increased building articulation, increased light and air
between units, and decreased impact to wildlife migration.
After reviewing the PUD review criteria below, Staff finds the Application is in conformance with the
purpose of the Development Code, review criteria, and any potentially negative impact to neighboring
properties has been mitigated to the fullest extent. The development pattern in this portion of Wildridge is
a mix of duplex and single-family-detached homes (predominantly single family and duplex structures in a
“low density” pattern with open spaces surrounding developed parcels); the proposed Application will help
provide variety in building forms and create a more diverse development pattern.
PUD Review Criteria
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when
forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates
creative site design such that it achieves the purposes of this Development Code and represents an
improvement in quality over what could have been accomplished through strict application of the
PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 5
APRIL 28, 2015 PACKET
otherwise applicable district or development standards. Such improvements in quality may include, but
are not limited to: improvements in open space provision and access; environmental protection;
tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or
increased choice of living and housing environments.
Staff Response:The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC,
includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use;
avoiding increased demands on public services and facilities; and providing for compatibility with the
surrounding area, among other statements. The proposed PUD amendment does not increase demands on
public services, and provides compatible building layouts with the surrounding area. It should be noted
that all other applicable development standards (parking, design standards, access requirements) would
remain intact. Additionally, the application proposes platted & deeded open space that is non-buildable into
three of the lots, representing nearly half of the total lot area.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response :Physical separation of the structures does promote the safety of inhabitants in the event of
an emergency in that it’s more likely to affect only one dwelling rather than two or more, as currently
entitled. Additionally, the Application will promote the public health, safety and welfare by separating the
structures and allowing more light and air between dwelling units which confer additional benefits to the
surrounding community and for wildlife migration across the site.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response:The proposed PUD amendment is part of an established PUD, and is therefore not subject
to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the
Comprehensive Plan is required and analysis is provided below.
The Town of Avon Comprehensive Plan includes this property within District 24: Wildridge Residential
District. The planning principals specific to this property include the following:
Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible
with existing surrounding development, and break up building bulk.
The Wildridge District planning principles contemplate enhancing and promoting open space connectivity.
Approval of this Application would result in an additional deeded open space tract, improved building
massing, breaks up of building bulk with smaller structures, and maximized sun exposure.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject property
while maintaining adequate levels of service to existing development;
Staff Response:This PUD amendment does not change the current entitlement of six total residential units;
therefore the existing services can adequately serve the property. The application has been provided to
Eagle River Water and Sanitation District as well as Eagle River Fire Protection District for review and no
concerns were raised by these agencies. Additionally, a single curb cut from Wildridge Road East is
proposed thereby reducing the Town’s maintenance (i.e. ditch work) requirements.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife,
and vegetation, or such impacts will be substantially mitigated;
Staff Response: The proposed PUD amendment should impose no additional impacts to the natural
environment, wildlife, vegetation, and air beyond the current entitlement since the development rights
remain the same with six (6) total units.
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APRIL 28, 2015 PACKET
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: Approval of the PUD amendment would not result in significant adverse impacts upon
other property in the vicinity as the proposed PUD Amendment maintains the existing entitled density, and
increases the building setbacks and utility/drainage easements.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response:Single-family-detached residential use is more compatible in scale with current and
potential uses on other properties in the vicinity of the Property over that of the current development right
to construct multi-family dwellings.
PZC Recommendation
After considering public comments at the January 20 and February 17 PZC meetings, the PZC
recommended approval of the Application with two conditions:
1. Lots 38A – 38F shall be required to adhere to the “glass ceiling” maximum building height
as proposed by the applicant.
2. Homes constructed on Lots 38A – 38F shall adhere to the following size requirements:
LOT Minimum
Livable Area
Maximum Residential
Floor Area
(Excluding Garage)
Maximum Building
Footprint
(Including Garage)
Lot 38A 2,500 square feet 5,000 square feet 3,500 square feet
Lot 38B 2,500 square feet 4,000 square feet 3,000 square feet
Lot 38C 2,500 square feet 4,000 square feet 3,000 square feet
Lot 38D 2,500 square feet 5,000 square feet 3,500 square feet
Lot 38E 2,500 square feet 4,000 square feet 3,000 square feet
Lot 38F 2,500 square feet 3,500 square feet 3,000 square feet
The PZC recommendation includes the following findings:
Findings:
1. The PUD amendment does not increase density, increase the amount of nonresidential land use or
significantly alter any approved building scale and mass of the development.
2. The PUD amendment does not change the character of the development and maintains the intent
and integrity of the PUD.
3. The PUD amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space proposed within the PUD.
4. The application was evaluated pursuant to Section 7.16.060(e)(4), Review Criteria, AMC, and
found to be in compliance with the mandatory review criteria.
Staff Recommendation
Staff recommends approval of Resolution 15-04 with Exhibit A, thereby approving the Minor PUD
Amendment application for Lot 38 & Lot 39, Block 4, Wildridge Subdivision.
Recommended Motion:
I move to approve Resolution 15-04 thereby approving Case #PUD14007, a PUD Amendment for Lot 38 &
Lot 39, Block 4, Wildridge Subdivision together with the findings of fact.
PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 7
APRIL 28, 2015 PACKET
Attachments
Exhibit B: Wildridge PUD Amendments
Exhibit C: Lot 38/39 PUD Amendment Plat
Draft Resolution 15-04
PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 8
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This map was produced by the Community Development Department. Use of this map
should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.I
0490245
FeetWildridge Development SummaryWildridge Development Summary
Undeveloped Lots (41 Lots)
Single Family Zoned (61 Lots)
Multi Family Zoned (40 Lots)
Duplex Zoned Properties (263)
Single Family Homes Zoned for Duplex (93 Lots)
Property Boundaries
Residential Streets
Building Footprints
Avon Town Boundary
Eagle County, Colorado Govmnt, GIS Dept P:\Towns\Town_of_Avon\Wildridge_Lot_Entitlement_030915\MXD\WR_singlefamily_zonedduplex_030915_8.5x11.mxd Date: 3/9/2015 4:41:29 PM Name: sfleming
APRIL 28, 2015 PACKET
PUD Amendments
17. Proposed: Lot
38/39, B4
11. Lot 15/16
3. Lot 111
10. TB,
B1
1. Lot 13, 14, 15 B2
2. Lot 2, B5
8. Lot 54,
B4
12. Lot 33/34, B4
13. Lot 25, B2
14. Lot 10, B3
15. L26, B3
16. Lot 48, B4
4. Lot 45, B2
5. Lot 42/43, B4
7. Lot 47/48, B1
6. Lot 10/11, B2
9. Lot 4, B2
EXHIBIT B: PUD AMENDMENTS IN WILDRIDGE
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TOWN OF AVON
RESOLUTION NO. 15-04
Series of 2015
A RESOLUTION APPROVING FILE #PUD14007, A MINOR PUD AMENDMENT FOR
LOT 38 & LOT 39, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, STATE OF COLORADO
WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the
Community Development Department of the Town on December 19, 2014 by Bobby Ladd of
RAL Architects, Inc. (“Applicant”); and
WHEREAS, the Application requests to amend the zoning of Lot 38 & Lot 39, Block 4,
Wildridge Subdivision, to allow a cumulative six (6) single-family-detached structures in place
of the currently entitled one (1) duplex structure and one (1) fourplex or two (2) duplex
structures on Lot 38 & Lot 39; and
WHEREAS, the Application requests the PUD zoning amendment to allow a re-subdivision
of Lot 38 & Lot 39 into Lots 38A – 38F together with open space and easements; and
WHEREAS,the Application was reviewed as a “Minor PUD Amendment” pursuant to code
section 7.16.060(1)(ii), Avon Development Code.
WHEREAS, the Planning and Zoning Commission held a public hearing on January 6,
2015, and February 17, 2015 after posting notice of such Public Hearing in accordance with the
requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all
comments provided; and
WHEREAS, the Planning and Zoning Commission recommended that the Town Council
approve the Application; and
WHEREAS , the Avon Town Council held a public hearing on March 10, 2015, March 24,
2015, and April 28, 2015, after posting notice as required by law, considered all comments,
testimony, evidence and staff report prior to taking action on the Application; and
WHEREAS, the Avon Town Council has examined the review criteria set forth in
§7.16.060(e)(4); and
WHEREAS,the Avon Town Council has made the following findings regarding the
Application:
(1)The Application was processed in accordance with §7.16.060(h), Amendment to a Final
PUD , which allowed the application to be processed as a minor amendment pursuant to
§7.16.060(h)(1)(ii), Minor Amendment, and utilized the review criteria set forth in
§7.16.060(e)(4), Preliminary PUD Review Criteria; and,
Resolution 15-04 PUD14007 - Minor PUD Amendment
TC April 28, 2015
Page 1 of 2
APRIL 28, 2015 PACKET
(2)The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD
Review Criteria, AMC based upon review of the Application, the Town staff report and
other evidence considered by the Avon Town Council at the public hearing; and,
(3)The Application will not result in adverse impacts upon the natural environment,
including air, water, noise, storm water management, wildlife, and vegetation, or such
impacts will be substantially mitigated; and,
(4)Approval of the Application will reduce building massing compared to the existing
underlying zoning, allowing for an improvement in quality over what could have been
accomplished through the existing zoning designations; and,
(5)Building impacts on-site are reduced by adding restrictions that are currently not in effect
including: building footprint restrictions and livable area restrictions; and,
(6)The Application is in conformance with policy recommendations in the Avon
Comprehensive Plan, including “siting buildings of varying sizes along the street to
maximize sun exposure, protect views, be compatible with surrounding development, and
break up building bulk.”
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that PUD14007, a Minor PUD Application, is hereby approved to amend the
Wildridge Subdivision and PUD Land Use Summary cumulatively as six (6) single-family-
detached residences, which shall be constructed on separate lots (Lots 38A – 38F) subject to
future subdivision approval by the Town as set forth in Exhibit A: PUD Amendment for Lots 38
& 39, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, State of Colorado,
ADOPTED April 28, 2015.
AVON TOWN COUNCIL
By: _______________________________ Attest: ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Resolution 15-04 PUD14007 - Minor PUD Amendment
TC April 28, 2015
Page 2 of 2
APRIL 28, 2015 PACKET
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Matt Pielsticker, Planning Manager
Date: May 7, 2015
Agenda Topic: PUBLIC HEARING – Ordinance 15-06
Case #REZ15003
Introduction
The Applicant, Treadstone Development, LLC, with permission from the Owner, Chicago Title Insurance
Company, has submitted a Rezoning application (the “Application”). The request would rezone what is
commonly referred to as “Lot B” from the Planned Unit Development (“PUD”) designation to the Town
Center (“TC”) zone district. The proposed TC zone district would allow for the future development of
the site as a hotel, along with other customary uses enumerated in Table 7.24-1, Allowed Uses, Avon
Development Code (“ADC”). A narrative from the Applicant is attached to this report.
The Planning and Zoning Commission (“PZC”) reviewed the Application and conducted a public hearing
on April 7, 2015. After reviewing the Application materials and Staff’s analysis the PZC forwarded a
unanimous recommendation for approval to the Town Council. That recommendation is attached to
this report for consideration.
Process
The review process required a noticed public hearing with PZC. Final action is taken on the Application
by Town Council after conducting public hearings and either approval by Ordinance or denial by motion
and findings of fact.
Property Background
Originally, the property was part of Lots 47-54, Block 2, Benchmark at Beaver Creek Subdivision and
zoned Specially Planned Area (SPA). The properties included a number of “Commercial / Condominium /
Apartment” unit allocations, and the Plat included a broad definition for permitted Commercial land
uses; building heights up to eighty (80) feet were granted by right.
The properties were later re-platted as Lots A, B, and C in the general layout that exists today with: Lot
A (now Lodge at Avon Center), Lot B, and Lot C (Sheraton Mountain Vista PUD). The project was
originally envisioned as a phased project with Lot A being Phase I, Lot B as Phase II, and Lot C as Phase
Staff Review &
Report
PUBLIC HEARING:
PZC
PUBLIC HEARING:
Council & 1st
Reading of
Ordinance
PUBLIC HEARING:
Council & 2nd
Reading of
Ordinance
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
1
III. Ultimately the Avon Center developed and Lot C was rezoned to PUD to advance the Sheraton
Mountain Vista Development Plan.
In December, 1998, the Avon Town Council approved a zone change from the TC zone district to PUD.
The PUD zone district was proposed for several reasons: increased building height, reduced setbacks,
and a reduced number of parking spaces. The PUD Development Plan that was approved in 1999 by
Ordinance 1999-3, and later ratified in 2000 by Ordinance 2000-20 included:
• 104 Accommodation Units
• 6 Employee Housing Units
• All Uses allowed in Town Center with addition of Timeshare Use
• 106’ Building Height with ability to reach 111’ with ancillary structures
• 17,500 sq. ft. Minimum Commercial Density
• 50,000 Maximum Commercial Density
• Modified Parking standards including 1 parking space/ per Accommodation Unit and 2.4 parking
spaces / per 1,000 sq. ft. of Commercial
• Surface and garage parking requirements including 95 spaces for Lodge at Avon Center
• Off-Site Snow removal
The Development Plan expired after construction failed to commence, and the vested property rights
expired in 2008 when the Development Agreement expired after ten (10) years from approval. It is
Staff’s preference to have all properties zoned with an underlying zone district, and this Application
would help maintain continuity with other properties in the immediate vicinity.
Since the PUD expired the property ownership has been transferred several times and Chicago Title
Company currently holds title. The property has historically and is currently being used for the surface
parking needs of the Lodge at Avon Center.
Property Description
As mentioned, Lot B is a 1.735 acre parcel that is composed of several parcels: Lot B (the “Development
Property”); Lot 2 – a surface estate reserved for development which includes a portion of the patio and
parking structure entrance adjacent to Bob’s Place; Lot 3 – airspace above Lot 2 reserved for
development; Lot 5 – a subsurface lot where parking exists generally outside the area of Eagle County
Annex’s office in the Lodge at Avon Center; and Lot 7 – a parcel reserved for development which is
located adjacent to the canopy entrance near Bob’s Place on the west side of the Lodge at Avon Center.
The Property is bounded on the south by the Pedestrian Mall; on the north by West Beaver Creek
Boulevard; on the west by the partially developed Sheraton Mountain Vista PUD and on the east by the
Lodge at Avon Center. Approximately 125 parking spaces are located on the Property currently, with
other minor improvements such as light poles and parking garage controls for the Lodge at Avon
Center.
Application Summary
The proposal is to modify the Town’s Zoning Map for Lot B from PUD to the TC zone district. This
Application includes a narrative provided by the Applicant. If approved, the following dimensional
standards would apply to any future development:
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
2
Rezoning Review Criteria Analysis
As outlined in Sec. 7.20.080(e), the Purpose of the Town Center District is as follows:
“The TC district is intended to provide sites for a variety of uses such as hotels, commercial
establishments, offices and some residential uses in a predominately pedestrian environment. The
Town Center should be distinguished from other areas in the Town and serve as the focal point for
social, business, and cultural activities. This district contains the highest intensity of uses and
should serve as the major transit destination as well as provide high levels of pedestrian
accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use
Plan.”
The review process and review criteria for zoning amendments are governed by AMC §7.16.050,
Rezonings. The Town Council shall use the criteria below as the basis for a final decision on the
Rezoning application. Staff responses to each review criteria are provided.
(1) Evidence of substantial compliance with the purpose of the Development Code;
Staff Response: The Application is substantially compliant with the purpose statements of the
Development Code by providing for the orderly, efficient use of the Property, while at the same
time conserving the value of the investments of owners of property in Town.
The Application promotes the health, safety, and welfare of the Avon community by providing
assurances with respect to building form, development standards, and allowed uses consistent
and in scale with adjacent neighboring Town Center (TC) properties. The proposed land use also
appears to be in substantial compliance with the purpose of TC zone district as outlined below.
The entire Purpose statement section from the Development Code (Section 7.04.030 -
Development Code Purposes) is outlined for quick reference:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas;
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
3
regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and
other uses within such areas; establish standards to which buildings or structures shall conform;
establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets
and roadways, promote effective and economical mass transportation and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all
public services and public facilities, including but not limited to water, sewage, schools, libraries,
police, parks, recreation, open space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural
hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into
streams and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary to
Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of life
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
4
stages and promotes a balanced, diverse and stable full time residential community which is
balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by
promoting accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The rezoning application will provide consistency with the Comprehensive
Plan and supporting documents. The existing/future land use maps contained in the
Comprehensive Plan call for “Mixed-Use” designation. The Comprehensive Plan defines the
intent of the “Mixed-Use” as follows:
Mixed Use– The intent of the mixed-use designation is to create an area
providing commercial retail and service uses with a supporting mix of office,
residential, lodging, and entertainment uses in an urbanized, pedestrian-oriented
environment. A high proportion of lodging and other residential uses should be
achieved in order to create the needed critical mass of population and activity to
energize the Town Center District. Building should be vertically mixed, with
retail, restaurants, and other commercial services located on the lower levels in
order to encourage a high level of interest and pedestrian activity. Building
design, siting, and orientation, as well as shared parking facilities and public
gathering spaces create an environment that is appealing and inviting for
pedestrians and vehicles.
This definition dovetails with the intent and purpose of the proposed TC zone district as it “is
intended to provide a variety of sites for hotels….and the TC district implements the mixed-use
classification of the Avon Future Land Use Plan”. Specific Goals and Policies supportive of this
rezoning application include the following:
• Policy B.1.5: Require that development within the Town Center Districts is
readily accessible to and otherwise integrated with existing retail areas and
transit service routes for both pedestrians and vehicles.
• Policy B.1.8:Locate uses that generate traffic to areas near transit facilities or
shared parking facilities to minimize automobile travel and “re-parking” within
the same area.
• Goal C.1: Provide a balance of land uses that offers a range of housing options,
diverse commercial and employment opportunities, inviting guest
accommodations, and high quality civic and recreational facilities, working in
concert to strengthen Avon’s identity as both a year-round residential
community and as a commercial, tourism and economic center.
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
5
• Policy C.1.3: Focus lodging and guest accommodation in the Town Center
Districts to take advantage of the proximity to retail, commercial and other
community services.
• Goal E.3: Increase the number of visitors to Avon by enhancing our
attractiveness as a destination resort community.
The Comprehensive Plan includes the Property in the middle of the West Town Center District.
The West Town Center District shows a series of Public Plazas and the opportunity for
redevelopment of the Pedestrian Mall area, both of which took place in 2014. The role of the
West Town Center District is to serve as the heart of the community. The district acts as “the
common ground between the full–time residents, part-time residents, and destination guests
through diverse retail and entertainment opportunities.” The surrounding public gathering
spaces and pedestrian connections are essential in forming the fabric of a successful town
center. The West Town Center District also benefits greatly with the Pavilion and other
entertainment oriented land uses which connect with lodging properties in the area.
(3) Physical suitability of the land for the proposed development or subdivision;
Staff Response: The Property is centrally located with access off West Beaver Creek
Boulevard. There are challenges with a shared vehicle entrance and interface with the Lodge
at Avon Center; however, the property size and relative flatness provide for a physically
suitable piece of land for hotel or other commercial mixed-use development that is permitted
in the TC zone district.
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
6
(4) Compatibility with surrounding land uses;
Staff Response: The area surrounding Lot B presents a wide mix of lodging, retail, eating and
dining establishments, professional office, residential, financial, educational, government,
recreation, and public park uses. Hotels and other short term occupancy land uses fit well in
high density commercial areas were guests can walk to amenities or utilize public transit.
Connections to pedestrian networks, direct access to Avon Station, and the Gondola are
positive attributes of the property.
Compatibility with neighboring existing and planned development goes beyond use by itself;
the final design (i.e. architectural, setbacks, etc.) will be paramount to evaluating
comprehensively a future project on Lot B. The standards of the TC zone district are in sync
with the neighboring development patterns with generally taller building heights and reduced
setback requirements.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the
character of the area proposed to be rezoned
Staff Response: The rezoning is justified since the existing “Suites at Avon” PUD has long
expired. Reverting back to the TC zone district is in the character of the area and supported
by the Comprehensive Plan documents.
(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;
Staff Response: The type and scope of any project permitted in the TC zone district can be
supported by existing infrastructure. A detailed analysis would take place at Development
Plan review.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning
district(s);
Staff Response: The TC zone district is well suited for a hotel project. The TC district is
“intended to provide sites for a variety of uses such as hotels, commercial establishments, offices
and some residential uses in a predominately pedestrian environment.” The recent pedestrian
improvements help blur the line between Lot B and other neighboring TC properties.
(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;
Staff Response: Moving to a standard zone district has several distinct advantages, in that
there can be no exceptions to the Development Code standards put in place as with a PUD
classification. If zoned TC, the impacts would be minimized and managed due to the codified
regulations enacted to protect things like air quality, water, stormwater, etc. All facets of the
Development Code would apply including but not limited to: Landscaping, mobility and
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
7
connectivity, screening, natural resource protection, stormwater drainage, water supply, and
sewage disposal.
(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;
Staff Response: The existing zoning is defunct with an expired PUD. No significant impacts to
other properties in the vicinity are envisioned with a TC land use designation. The most
affected properties will be the Lodge at Avon Center (Lot A) and Alpine Bank (Lot 55) given
their proximity, existing development patterns, building entrance orientation, and parking
locations. Additionally, private parking covenants further impact neighboring properties and
potential development on Lot B. Impacts and the general compatibility of a development
plan submittal would be reviewed in detail through the public process.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master
Plan as reflected in the approval of the applicable PUD; and,
Staff Response: The Application is a rezoning and would remove the property from the
current PUD zone district classification and what Staff refers to as a “blank PUD”. As stated,
the existing PUD is irrelevant due to its expiration.
(11) Adequate mitigation is required for zoning amendment applications which result
in greater intensity of land use or increased demands on public facilities and infrastructure.
Staff Response: While the exact density or intensity of uses is unknown, previous entitlements
for the property included substantial commercial and lodging uses. Mitigation measures will
be reviewed in detail when a development plan is developed.
Recommended Motion:
“I move to approve First Reading of Ordinance 15-06, an Ordinance Approving the Rezoning of Lot B to
the Town Center Zone District – setting a Public Hearing for May 26, 2015.”
Attachments
A – Draft Ordinance 15-06
B – PZC Findings & Recommendation
C - Vicinity Maps
D - Application Materials
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
8
TOWN OF AVON, COLORADO
ORDINANCE 15-06
SERIES OF 2015
AN ORDINANCE APPROVING THE REZONING OF LOTS 2 AND 3
AND LOTS B, 5 AND 7 (COLLECTIVELY REFERRED TO AS “LOT B”),
AVON CENTER AT BEAVER CREEK, TO THE TOWN CENTER ZONE
DISTRICT
RECITALS
WHEREAS, the Town of Avon (“Town”) is a home rule 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, Treadstone Development, LLC (“Applicant”) has obtained consent of the
owner of real property in the Town to submit development applications to the Town, which
property is referred to as:
“Lots 2 and 3 and Lots B, 5 and 7, Second Amended Condominium Map and
Resubdivision of Lots A and B, Avon Center at Beaver Creek a resubdivision of Lots 47,
48, 49, 50, 51, 52, 53, and 54, Block 2, Benchmark at Beaver Creek, Amendment No. 4,
recorded May 07, 2003 at Reception No. 832542, except for Lot 2a (also known as
Reconveyance Lot A) and Lot 3a (also known as Reconveyance Lot B) as shown thereon,
and as described in the General Warranty Deeds recorded on October 5, 2010 at
Reception Nos. 201019949 and 201019950, respectively, County of Eagle, Colorado
(“Property”)”; and
WHEREAS, the Applicant submitted a Rezoning Application (referred to as the
“Application”) to the Town’s Community Development Department on March 19, 2015; and
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on April 7, 2015; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a
recommendation to the Town Council to approve the Application; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town
Council has application review and decision-making authority to approve, approve with
conditions or deny the Application, and has the authority to negotiate and approve the
Development Agreement; and
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has
considered the applicable review criteria for a Rezoning application; and
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 12, 2015 FIRST READING
Page 1 of 4
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public
hearings on May 12, 2015 and May 26, 2015, and prior to taking final action considered all
comments, testimony, evidence and Town Staff reports; and then took action by approving this
Ordinance; and
WHEREAS, the Application will provide for orderly, efficient use of the Property, while at
the same time conserving the value of the investments of owners of property in the Town in
accordance with the Purpose statements in the Avon Development Code; and
WHEREAS, development of the property with a hotel is in accordance with the policies and
goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to provide a high
proportion of lodging uses in the Town Center to create the needed critical mass of population
and activity to energize the Town Center District; and
WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens
of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
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. Rezoning. The Property is hereby rezoned to Town Center and the Official
Zoning Map is hereby amended to designate the Property as the Town Center zone district.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has 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
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 12, 2015 FIRST READING
Page 2 of 4
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect upon satisfaction of the
condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days
after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 12, 2015 FIRST READING
Page 3 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 12, 2015 and setting such public hearing for May 26, 2015 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on May 26, 2015.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 15-06 Lot B, Avon Center at Beaver Creek Rezoning
May 12, 2015 FIRST READING
Page 4 of 4
RIVERFRONT LN
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should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.
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FeetThis map was produced by the Community Development Department. Use of this map
should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.
Created by Community Development Department
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Property Boundaries
Lot B
TOWN COUNCIL REPORT
To: Mayor and Town Council
From: Matt Pielsticker, Planning Manager
Date: May 7, 2015
Agenda Topic: Lot B Development Concept
Summary
Attached to this Memorandum is a letter provided to the developer of Lot B; it highlights code
implications if the property were developed as a single-use project with a hotel and no retail,
restaurant, or similar land uses on the ground floor. The Avon Development Code and the West
Town Center Investment Plan both provide policy guidance for the Town Center area and envision
vertically mixed uses to activate “Main Street” and create a vibrant focal point in Town.
Staff asks that Council provide the Applicant with feedback on the concept of a hotel project with
no retail component as currently planned. As the letter outlines, if the project is pursued there will
be the requirement to process Alternative Equivalent Compliance (AEC) requests. It must be noted
that all Major Development Plan applications in the Town Core are reviewed by the Avon Town
Council, after a recommendation from PZC.
Attachment
April 27 Letter to Treadstone Development, LLC
Ordinance 15-06 Lot B Rezoning
May 12, 2015 Town Council Meeting
1
Page 1 of 2
April 27, 2015
Gregory Less
Treadstone Development, LLC
505 8th Street
Hermosa Beach, CA 90254
Via Email: gless@treadcon.com
RE: Lot B Development Plan and Design Standards
Greg,
Treadstone’s Rezoning application is currently scheduled for review by the Town Council at their
May 12, 2015 and May 26, 2015 meetings. In advance of those meetings, and with the
anticipation that your imminent Development Plan application will not contain retail land uses or
extensive glazing at the pedestrian level, it is timely to discuss the code implications of such a
building design.
The Avon Development Code governs the review process and standards for Lot B. Pursuant to
§7.16.080, Development Plan, a Major Development Plan application is required to review a
hotel project. The purpose of this letter is to outline some of the code requirements that must
be addressed with an Alternative Equivalent Compliance (AEC) application. The AEC process is
reviewed concurrently with a Development Plan, which goes before the Town Council for final
action. Specifically, the following sections may need to be addressed as they were with the
neighboring Wyndham Timeshare project with a concurrent AEC process:
Ground Floor Commercial ‐ §7.28.090(j)(4)(iv)
(iv) Mixed‐Use Buildings in Town Core.
To encourage appropriate commercial and mixed‐use development in
Town Core any portion of a new mixed‐use building with street
frontage floor area located on E. Beaver Creek Boulevard, Lettuce
Shed Lane, Benchmark Road, or Main Street must be occupied by
retail, personal service and restaurant uses, as listed in Table 7.24‐1.
All ground floor commercial space must be at least twelve (12) feet in
height as measured from finished floor elevation to finished ceiling.
Ground Floor Glazing and Entrances ‐ §7.28.090(j)(4)(vii)
(vii) Storefronts and Pedestrian Entrances.
(A) The first floor of all new buildings shall provide: a pedestrian
friendly environment, with human‐scale and natural building
materials; extensive storefront windows for display and views into
the business; and access directly from adjacent sidewalks.
Page 2 of 2
(B) When transparency is in conflict with internal functions of the
building, other means shall be used to activate the street facing
facades such as public art, architectural ornamentation or details, or
color patterns.
(C) To encourage activity along the building frontage, entrances
shall be located at intervals of a maximum of thirty‐two (32) feet.
(D) The primary access to retail spaces on Benchmark Road, Main
Street, and W. Beaver Creek Boulevard, shall be from the sidewalk.
Without a preview of your forthcoming Major Development Plan application this letter may be
premature. However, it is staff’s recommendation to address what staff believes will be
proposed exceptions and variations to retail and glazing requirements in the Development Code
in a timely manner since the Rezoning and Major Development Plan are not being reviewed
concurrently. It may be prudent to have this discussion with the Avon Town Council on May 12
during review of the Rezoning application given the expressed intent of your development.
Council must be willing to approve AEC applications for these issues.
If you would like to discuss this letter feel free to call me at any time. 970.748.4413.
Respectfully,
Matt Pielsticker, AICP
Planning Manager
Cc: Lot B File
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Danita Dempsey, Director or Festivals & Special Events
Date: May 6, 2015
Re: Request to Hold Date for Jazz Festival 2016
SUMMARY:
The Town Council at its meeting of January 27, 2015, approved calendar dates and funding for the Cielito Lindo Music
& Heritage Festival, producer by Carlos Mercado, President of NY@MX Productions. This same producer has
proposed a Jazz Festival on August 19 – 21, 2016. This festival would be a paid attendance event and have exclusive
use of the Pavilion and upper field for the three-days of performance. Set up and break down days would not require
exclusive use of the Town’s facilities.
The Town Council is at the forefront of shaping of what may come to be long term signature event decisions. To that
end, careful consideration should be given to the right mix and diversity of multi-day events, which require exclusive
use of the Pavilion an upper field, including in the mix how many music centric events, arts & culture events,
participatory events, etc. are on the calendar. To date, Town Council has funded four (4) festivals in which music
plays a primary or secondary role:
• WinterWonderGrass Music Festival - primary
• Reds, Whites & Brews - secondary
• Flavors of Colorado - secondary
• Cielto Lindo Music & Heritage Festival primary
While not set by motion or vote of the Council, generally staff recommends not more than one (1) major festival for
any month of the year. This recommendation respects the other uses of the pavilion and park, such as third party
contractor events, community use such as graduations or community theater, and opportunities for one day events
or series, as well as the impact on the adjoining neighborhoods.
Sustainability Review: It should be anticipated that NY@MX Productions will request seed funding for the event in
the range of $50,000 - $75,000. The festival producer understands that music festivals of this type need to gain brand
recognition and be developed in a manner to become profitable to the producer within a three year period, thereby
not relying on Town seed monies.
STAFF RECOMMENDATION:
The opportunity to work with a proven producer/owner, who knows the Jazz community both nationally and
internationally and is integrated into the musician and production scene, is unique. In addition, Carlos Mercado’s
vision and passion is commendable and reflective of Avon’s support of a diverse mix of special events and providing
an enriching experience for the cultural fabric of our community.
PAGE 1 of 2
Request to Hold Date for Jazz Festival 2016
To that end, staff recommends securing the requested event date of August 19-21, 2016 at this time. This will allow
the 2016 date to be protected and staffs the opportunity to “work” with the producer on the Cielito Lindo Music &
Heritage Festival to ensure festival agreement requirements and deliverables are met. After the Cielito Lindo Festival,
staff should be able to make a recommendation regarding advancing the Jazz Festival in 2016 including an analysis of
the potential ROI and funding request.
MOTION: If Council wishes to proceed, the recommended motion is:
I move to reserve the dates of August 19-21, 2016 to potentially host an Avon Jazz Festival produced by
NY@MX Productions. The dates will be held through January 31, 2016.
Attachment:
Letter of Request from NY@MX Productions
May 5, 2015
Danita Dempsey
Festival Director for the Town of Avon
Honorable Mayor, Pro Tem Mayor and Board of Town Council,
Through this letter I would like to request availability to hold the dates for the use of the main stage at
Nottingham Park for the purpose of use to produce the Avon international Jazz Festival. An event of significant
stature and quality and which falls in perfectly with the strategic plan of summer festivals adopted by the Town
Council of Avon. This Festival will be, and is committed to reach all habitants of the community, plus regional,
national and international audiences who are interested in Jazz, funk, blues, World and maní otero formas of “free
expression” music.
One of the most important aspects of this Festival will be the Educational program which will involve many of
the performers interacting directly with students and enthusiasts of our community on different levels, and some
kind of experience will be available to everyone, no just only musicians. But there will also be activities planned
solely for musicians as well. As far a my expertise in the Jazz world, I have been known and awarded for the best
promoter and producer of Jazz concerts in Latin America for the past 10 years and have produced over 170
shows, and have worked with basically most of the biggest names in the Jazz world of this modern age, and some
of the old age as well, who are still alive.
I am asking to run this Festival for three days, August 19th, 20th and 21st, 2016.
We have prepared a line up that is on-hold and waiting for a green light from you.
In combination with other signature events that are happening in our town during the year, but mainly with this
one, Avon will surely out stand quickly as a favorite destination for activities and entertainment.
Sincerely yours,
Carlos Mercado
President
NY@MX Productions Inc.
1234 Main Street Anytown, State ZIP 123-456-7890 www.example.com
NY@MX PRODUCTIONS INC.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Date: May 12, 2015
Agenda Topic: Request for Performance Pavilion Date and Funding of “Dancing in the Park” Produced by the
Vail Valley Foundation
BACKGROUND
Vail Valley Foundation and Town of Avon staff began conversations in early February regarding the new
Pavilion as a venue for dance. The stage of the Pavilion was designed to hold an array of activities, with the
floor being specifically engineered to accommodate dance. VVF toured the stage during the
WinterWonderGrass Festival.
Our conversations have resulted in a proposal being presented by the Vail Valley Foundation for a one night
dance event on Wednesday, July 29th from the Vail International Dance Festival. Quoting from the attached
summary, “Dancing in the Park will be a family-friendly, high-energy performance. The evening’s line-up will
include a variety of VIDF star artists, who will perform an eclectic variety of dance styles.” Following the
summary is the artists’ page. In addition to the dance performances, a masters Tango class will follow on the
Pavilion’s event plaza. This free event will have lawn seating, however, VIP seating for 50 will be offered for an
“on stage viewing experience”. Total budget for Dancing in the Park is $30,145.00. The Town of Avon is asked
to underwrite the performance with a $20,000 grant.
Town staff has discussed with Vail Valley Foundation staff a longer term relationship to expand over time the
Vail International Dance Festival into a 3 - 5 paid attendance dance series on the Pavilion. The Foundation,
understandably, cannot commit to a longer term vision at this time and feels it must first “test” dance on the
new Pavilion. Furthermore, Avon respectfully understands the importance of the Festival being expanded
and not competing with the long standing and highly valuable works performed each year in Vail to bring a
program of dance to the Pavilion.
Sustainability Review: With the respected and valuable brand of the Vail International Dance Festival, a dance
performance in Avon would already enjoy name and quality of work recognition. With VVF as producer, the
opportunity for sponsorship, paid attendance and commitment from Avon to a seed funding program over a
period of years, the assumption is this event can reach a breakeven point. Avon, however, should anticipate
some level of financial participation beyond seed funding years, such as the Town of Vail provides for a one
night sponsorship of a dance performance in the current Festival program in Vail.
STAFF RECOMMENDATION
This proposed evening of dance would accomplish a test of the facility and also provide an early indication of
support for dance in at Avon’s venue. With VVF as a nonprofit producer, it is an event, if grown into a series,
can become sustainable through sponsorships and paid attendance. Staff, therefore, recommends approval
of this opportunity from the Special Events Assigned Fund Balance, which has remaining funds of $67,000.
RECOMMENDED MOTION
I move to approve the date of July 29,2015, for Dancing in the Park, and funding in the amount of $20,000 to
the Vail Valley Foundation, producer of the event. Funding is approved from the General Fund’s Special Events
Assigned Fund Balance.
PAGE 1 OF 1
REQUEST FOR PERFORMANCE PAVILION DATE AND FUNDING OF “DANCING IN THE PARK”
PRODUCED BY THE VAIL VALLEY FOUNDATION
Dancing in the Park
Summary of Proposed Event
Submitted by Martin Nieves
Vail Valley Foundation | Vail International Dance Festival
The proposed event under the working title of “Dancing in the Park” will mark the first collaboration
between the Vail International Dance Festival (VIDF) and the Town of Avon. VIDF is honored to have the
opportunity broaden its reach throughout the Valley and work together with Town of Avon. Through
this collaboration VIDF hopes to engage the community of Avon by producing this new event, free to the
public. The goal of Dancing in the Park is to generate and stimulate new and continuing appreciation in
the community of Avon, for the art of dance.
Dancing in the Park will be a family-friendly, high-energy performance. The evening’s line-up will
include a variety of VIDF’s star artists, who will perform an eclectic variety of dance styles.
Dancing in the Park will differentiate itself from other VIDF performances in two significant ways. The
first being performances that include elements of audience participation, and second, an on stage VIP
viewing experience that isn’t part of any other VIDF performances. This will give a select few a truly up-
close and personal dance experience not to be missed. The programming and production shall be under
the experienced direction of VIDF Artistic Director Damian Woetzel.
The show will start in the early evening and provide family’s with an opportunity to gather at
Nottingham Park’s Performance Pavilion, for an evening of picnicking and dance. VIDF will provide a
food and beverage vendor, as well as an alcoholic beverages vendor, for sales to the public. The public
will also be allowed to bring in their own food and non-alcoholic beverages. Audience members will be
able to bring in blankets and claim their own preferred seating in the lawn, or they can also choose to sit
on bleachers that will be provided in an effort to improve their dance viewing experience.
Post-performance there will be further opportunity for the public to engage with Festival Artists by
participating in a free Tango Master Class, led by one of the premier Tango couples in the world. As an
additional heightened experience for the audience members who purchase the VIP seats on stage, they
will be invited to have a glass of Champagne on stage following the show.
Dancer Bios
BalletX VIDEO BalletX, Philadelphia’s premier contemporary ballet, unites distinguished choreographers with an outstanding company of world-class dancers, to forge new works of athleticism, emotion, and grace. Through the daring vision of the company’s award-winning founders, Christine Cox and Matthew Neenan, BalletX challenges the boundaries of classical ballet, by encouraging formal experimentation while preserving rigorous technique. The company is committed to producing new works of the highest quality and integrity, bringing the combined visions of choreographers and dancers to life, cultivating an appetite for bold new dance in audiences across the country. “Increasing shows each of [the BalletX dancers] as emotional, both private and social; their unfolding world is carried along by the music’s changing current… vulnerable, openhearted and, above all, marvelously free.”-The New York Times
Charles “King Charles” Park Charles “King Charles” Parks is a multi-talented class act; dancer, rapper, singer and actor. He is the Artistic Director of the FootworKINGz, a group of Chicago’s All-Star footwork dancers. King Charles was crowned the “King of Footwork”, at age 14 by DJ Thadz’ at the annual “King of the Circle” dance event in Markham, IL. In addition, King Charles has danced with world renowned artists; Missy Elliott, Nelly Futado, and Mega-Star Madonna.
Analia Centurion & Gabriel Misse VIDEO Admired for his classical “tanguero” style, Gabriel Misse is one of the great “milongueros” of this generation. He started his formal training as a dancer at the age of eight, with the great masters of tango, Antonio Todaro and Pepito Avellaneda. Since the age of six, Analia Centurion studied classical ballet, modern dance, and piano in the city of Chacabuco, in the province of Buenos Aires. Her career as a tango dancer began in late 1995 when she not only entered tango festivals and competitions but won gold. “Since they are among the world’s most wonderful dancers today, I look forward to it, just as I cheered them recently when they performed at the Vail International Dance Festival… Her footwork has grown only more exquisite, with rapid feathery flourishes and quivers both in the air and on the floor. Mr. Missé remains one of the greatest exponents of footwork in all my experience, with thunderbolts, tiny darts and every variation of trill; even at two or three yards’ distance, some of his moves seem faster than the eye can comprehend.” –The New York Times
Ron “Prime Tyme” Myles VIDEO Ron “Prime Tyme” Myles was born and raised in Memphis, Tennessee. In 2009, Ron “Prime Tyme” Myles moved from Memphis, Tennessee to Los Angeles, CA with his cousin, close friend, and fellow dancer Charles “Lil Buck” Riley. Propelled by the move, Mr. Myles has since become one of the premier interpreters of the dance style known as Memphis Jookin’. Mr. Myles appeared as a featured dancer in the 2011 film Footloose and has starred in several National commercials, including a Diet Pepsi commercial alongside TV Start Sofia Vergara. Myles has danced and appeared as a headline performer in previous years for the Vail International Dance Festival, and will again in 2015. “Prime Tyme found himself alone onstage, where he was finally, albeit briefly, able to lose himself in rushing, twisting footwork that spiraled him down to his knees. Was it all a dream? “Bend in the Road” may have had something to do with bringing cultures together through music and dance, but really it was as trite as a Benetton ad.”- The New York Times
Amelia Sturt-Dilley VIDEO Amelia Sturt-Dilley is an Eagle County local, who was raised in Colorado and received her high school education at the Walnut Hill School for the Arts. She has attended summer intensives at schools including The Nutmeg Conservatory, Washington School of Ballet, Houston Ballet, Ballet Austin, and The Paris Opera. Amelia will graduate from the Juilliard School in the spring of 2015 and she is thrilled to be joining Charlotte Ballet for their 2015/16 season.
Adilyn Malcom AKA “Audacious Adi” VIDEO The newest YouTube star and Colorado native to capture a global audience with her talents is Adilyn Malcolm. Adilyn is from Littleton, Colorado — and goes by the stage name Audacious Adi. Adi is an 11-year-old self-taught dancing prodigy who has “never taken a dance class in her life”. Despite her unpredictable success in dance she treats dancing as a side gig to her primary interest, motor cross. “I have been dancing for about 6 months,” she recently wrote on her YouTube channel. “I am actually a motocross racer but when I’m not on my bike, this [dancing] is the next best thing!” Adi was a crowd favorite at the recent Opening Ceremonies for the 2015 World Skiing Championships, in Vail, CO.
Dancing in the Park
2015 Budget (W.I.P.)
Town of Avon Event - July 29
Talent Budget FEE Housing Transportation
BalletX Mashup 6000 500 750
Gaby & Ana 2800 300 500
Ron Myles 1400 150 250
Adi 600 150 100
Ringmaster Nugget 1400 150 250
King Charles 1400 150 250
13600 1400 2100
Tech Budget
Lights ??
Sound ??
Pipe and Drape ??
Director of Prod $500.00
Stage Managers (2)$500.00
Master Electrician $500.00
Sound Engineer $500.00
Stage Hands (4)$640.00
Dance Floor $432.00
Dance Floor Instillation&Delivery $169.00
$3,241.00
Misc Budget
Lonestar Security $247.45
VIP - Seating $212.50 50 Seats on Stage, Sold at $50 per = $2,500.00
Bleachers $3,500.00
Promotions $2,100.00
Artist Hospitality $750.00
Festival Staff $3,500.00
Andrew DJ Fee $500.00
$10,562.50
Budget Totals
Misc Budget Total 10562.50
Talent Budget Total 13600.00
Tech Budget Total 3241.00
Sub-Total 27403.50
10% Contingency 2740.31
TOTAL 30143.81
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Susan Fairweather, Director of Economic Initiatives
Date: May 12, 2015
Agenda Topic: Resolution No. 15-11 Establishing Locations and Maximum Number of Mobile
Vendor Carts in the Avon Town Commercial Core and Harry A. Nottingham Park
BACKGROUND: At its January 13, 2015, work session, Town Council reviewed a comprehensive staff
report regarding initiating a vending cart program in the Town’s core, including the new Main Street
Mall and Possibility Plaza, as well as on private property in the core. Various resort communities were
researched for the report.
The report included a range of information, including, but not limited to a recommendation that the
Town only approve mobile vendor carts at this time to initiate a vendor program. The location and
number of mobile vendors, types of vendors, solicitation process, selection criteria and operational
regulations were discussed. From direction at the work session, Council at its March 6, 2015 meeting,
adopted Ordinance No. 15-02, Amending Avon Municipal Code, including Chapter 5.04 Business Licenses
defining a Vendor and defining Vending Regulations, which includes Section 5.04.080 (b) requiring that
the locations and maximum number of vendor permits be established by the Town Council by
resolution. All other permitting and regulatory actions were delegated to the Town Manager.
Resolution No. 15-11 is presented for Council consideration to implement Ordinance No. 15-02 by
establishing the location and maximum number of mobile vending carts in the Town of Avon. Avon
Municipal Code 5.04.080 Vendor Regulations is reprinted for convenience as follows:
5.04.010. Vendor Regulations.
(a) Applicability. These Vendor Regulations shall apply to any vendors operating on Town property,
sidewalk, street or other public right-of-way.
(b) Location and permits. The location and maximum number of vendor permits shall be established by the
Town Council by resolution.
(c) Vendor Permits. The process for advertising the availability of vendor permits and the process for
selecting vendors shall be adopted in writing and administered by the Town Manager.
(d) Minimum Regulations. The following minimum requirements for vendors shall apply:
(i) The Vendor licensee shall provide commercial liability insurance naming the Town of Avon as
additional insured in such amount and in such form as established by the Town Attorney.
(ii) The Vendor licensee shall indemnify the Town of Avon in such form as established by the Town
Attorney.
PAGE 1 OF 2
RESOLUTION NO. 15-11 ESTABLISHING LOCATIONS AND MAXIMUM NUMBER OF MOBILE
VENDOR CARTS IN THE AVON TOWN COMMERCIAL CORE AND HARRY A. NOTTINGHAM PARK
(iii) Vendor permits may be granted for a maximum three year period by the Town Manager. Vendor
permits for longer than three years must be approved by the Town Council by resolution.
(iv) The Vendor licensee shall operate in all respects in accordance with the terms of the vendor permit.
(e) Additional Regulations. The criteria and regulations for vendor carts and vendor equipment and vendor
operations, shall be adopted in writing by the Town Manager.
(f) License—exhibition. Vendors are required to publicly exhibit their licenses and permits.
STAFF RECOMMENDATION FOR THE LOCATION AND MAXIMUM NUMBER OF VENDOR CARTS
The Main Street Mall & Possibility Plaza
The Town staff recommends up to five (5) vendor carts be permitted at the locations shown on
Exhibit A. The strategy is intended to bring activity to the recently completed Main Street Mall and
allow expanded small business opportunity. With the Mall and Plaza just opening for a first summer of
activity, beginning a limited mobile vendor cart program will allow market demand to evolve and also
provide the Town the time to assess the recommended five locations, management of the program
and general operations, including that of the Town for maintenance in all seasons.
Avon Station at Benchmark Road and Kayak Park
The Town staff recommends one (1) mobile vending cart at each location as shown on Exhibit B. The
activity of the transit center and nexus to guest accommodations justifies a location at Avon Station.
Allowing a mobile vendor cart at the Kayak Park will provide activity, which can be expected to attract
additional traffic as a “destination”.
Private Commercial Property as delineated on Exhibit B
Outdoor mobile vendor carts in the commercial core on private property can help expand seasonal
business and/or offer a new small business opportunity. These vendors will be permitted under the
same mobile vendor cart regulations in other locations on Town owned land, and must also conform
to Town zoning, ordinances, PUD restrictions and other limitations as may exist, and with the approval
of the property owner and, if applicable, the respective HOA board.
Special Events at Harry A. Nottingham Park, Main Street Mall and other Town Properties
Ordinance 15-02 also applies to the vendor in Nottingham Park, Main Street Mall and other Town
properties during special events. Due to the variety of special events, which are approved through
permit applications, staff recommends the Town Manager be authorized to establish locations and
maximum numbers for each event on a case-by-case basis. These non-exclusive uses of Nottingham
Park, Main Street Mall or other Town properties, include but are not limited to Salute to the USA.
Festivals, such as WinterWonderGrass, are permitted through a festival agreement with the Town
Manager and have exclusive use of areas of the park. The festival producer determines the vendor
number and location.
RECOMMENDED MOTION:
I move to approve Resolution No. 15-11, A Resolution Establishing the Locations and Maximum Number
of Mobile Vendor Carts in the Avon Town Commercial Core and Harry A. Nottingham Park
ATTACHMENT:
Resolution No. 15-11
PAGE 2 OF 2
RESOLUTION NO. 15-11 ESTABLISHING LOCATIONS AND MAXIMUM NUMBER OF MOBILE
VENDOR CARTS IN THE AVON TOWN COMMERCIAL CORE AND HARRY A. NOTTINGHAM PARK
TOWN OF AVON
RESOLUTION NO. 15-11
Series of 2015
A RESOLUTION ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER
OF MOBILE VENDOR CARTS IN THE AVON TOWN COMMERCIAL CORE
AND HARRY A. NOTTINGHAM PARK
WHEREAS, the Avon Town Council has determined that allowing mobile vendor carts in the
Town’s commercial core and recently completed Main Street Mall is a viable strategy to bring
activity and vibrancy and will provide for expanded small business opportunity; and
WHEREAS, Harry A. Nottingham Park and Main Street Mall are venues which hosts special
events of various types and participatory levels, which benefit from vendors participating in the
event; and
WHEREAS, the Avon Town Council adopted Ordinance No. 15-02, Amending Avon Municipal
Code, including Chapter 5.04 Business Licenses defining a Vendor and defining Vending
Regulations; and
WHEREAS, Section 5.04.080 (b) of Ordinance No. 15-02, requires that the Avon Town Council
establish the location and maximum number of vendor permits by resolution; and
WHEREAS, for the purposes of this Resolution the term mobile vendor cart shall mean a cart,
which is capable of being moved into and out from an approved location on a daily basis.
NOW, THEREFORE BE IT RESOLVED that the Avon Town Council approves the
following locations and maximum number of vendors, which shall take effect on May 13, 2015.
EXHIBIT A:
Main Street Mall and Possibility Plaza: Up to five (5) mobile vendor carts are allowed. The
exact location may be generally modified within a reasonable distance from the mapped location,
by the Town Manager, as may be determined to accommodate the operations of the cart and/or
seasonal light and weather.
EXHIBIT B:
Avon Station at Benchmark Road: One (1) mobile vendor cart is allowed.
Kayak Park: One (1) mobile vendor cart is allowed.
Commercial Core Areas as Delineated: Mobile vendor carts may be approved on any
private property when the mobile vendor cart conforms to Town zoning, ordinances,
PUD restrictions and other applicable regulations, and with the approval of the property
owner and, if applicable, the respective owners’ association.
Resolution No. 15-11
May 12, 2015
Page 1 of 2
HARRY A. NOTTINGHAM PARK & MAIN STREET MALL: The Town’s Special Event
Vendor Application shall serve as the permit for mobile vendors in the Harry E. Nottingham
Park, Main Street Mall, and other Town properties and right-of-ways for any and all non-
exclusive events. The Town Manager shall determine the location and maximum number of
vendors, if any, based upon the character and needs of each special events. For those special
events produced by the Town of Avon, such as Salute to the USA, the Town Manager shall
determine the location and maximum number of vendors, if any.
ADOPTED May 12, 2015
AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Resolution No. 15-11
May 12, 2015
Page 2 of 2
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members present
were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker,
Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
Peter Buckley commented.
4. ACTION ITEMS
4.1. INTERVIEWS AND APPOINTMENTS OF FIVE (5) PZC MEMBERS FOR VARIOUS TERMS
(PLANNING MANAGER MATT PIELSTICKER)
Jim Clancy, Tab Bonidy and Lindsay Hardy were appointed for two (2 ) year terms. Jared Barnes and
Chis Lubbers were appointed for one (1) year terms.
4.2. PUBLIC HEARING SECOND R EADING OF O RDINANCE NO. 15-03, SERIES OF 2015, AN ORDINANCE AMENDING
THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1A, BUCK CREEK PUD TO THE MIXED-COMMERCIAL
ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing, Todd Varney commented. Councilor Burch moved to
approve Second Reading of Ordinance No. 15-03, Series of 2015, An Ordinance Amending the Avon
Comprehensive Plan and Rezoning Lot 1A, Buck Creek PUD to the Mixed-Commercial Zone District,
including the comments made by Town Attorney Eric Heil with the additional changes. Councilor
Prince seconded the motion and it passed unanimously by those present.
4.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-04, SERIES OF 2015, AN ORDINANCE AMENDING
THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1B, BUCK CREEK PUD TO THE PUBLIC FACILITIES ZONE
DISTRICT (PLANNING MANAGER MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing, no comments were made. Councilor Wolf moved to
approve Ordinance 2015-04, thereby approving Case #CPA15002 & #REZ15002, an application to amend
the future land use designation for Lot 1B, Buck Creek PUD to the Civic/Public and rezone Lot 1B, Public
Facilities Zone District, together with the findings of fact outlined in Ordinance 2015-04. Councilor
Smith Hymes seconded the motion and it passed unanimously by those present.
4.4. CONTINUED PUBLIC HEARING ON RESOLUTION NO. 15-04, APPROVING A MINOR PUD AMENDMENT FOR LOTS 38
& 39, BLOCK 4, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER)
Councilor Reynolds stepped down due to a conflict of interest. Mayor Fancher opened the Public Hearing,
Scott Rella, Dominic Mauriello, Tom Gun and Alice Leeds commented. Councilor Gennett moved to continue
Resolution No. 15-04, Approving a Minor PUD Amendment for Lots 38 & 39, Block 4, Wildridge Subdivision,
Avon Council Meeting 4-28-2015 Minutes Page 1
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015
AVON TOWN HALL, ONE LAKE STREET
pursuant to Town Attorneys advice. Mayor Pro Tem Wolf seconded the motion and it passed 5 to 1 vote.
Councilor Prince voted no. Councilor Reynolds recused himself.
4.5. RESOLUTION 15-09, AMENDING THE 2015 GENERAL, WATER, DEBT SERVICE, FLEET MAINTENANCE AND
TRANSIT FUND BUDGETS (BUDGET ANALYST KELLY HUITT)
Councilor Reynolds returned to the meeting. Mayor Pro Tem Wolf moved to approve Resolution 15-09,
Amending the 2015 General, Water, Debt Service, Fleet Maintenance and Transit Fund budgets;
Councilor Prince seconded the motion and it passed unanimously by those present.
4.6. RESOLUTION NO. 15-10, AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET
(BUDGET A NALYST KELLY HUITT)
Councilor Gennett moved to approve Resolution 15-10, Amending the 2015 Capital Projects Fund
budget; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present.
4.7. ACTION ON NOTICE OF AWARD, 2015 AVON ROAD LANDSCAPE PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Councilor Reynolds moved to authorize issuance of Notice of Award for the 2015 Avon Road Landscape
Project Contract to the low bidder, Whittaker Landscape Services, Inc., in the amount of $465,805.73.
Councilor Gennett seconded the motion and it passed unanimously by those present.
4.8. ACTION ON NOTICE OF AWARD, 2015 SLURRY SEAL PROJECTS (TOWN ENGINEER JUSTIN HILDRETH)
Councilor Gennett moved to authorize issuance of Notice of Award for the 2015 Street Improvements -
Slurry Seal Project Contract to the low bidder, A-1 Chipseal Company, in the amount of $313,581.49.
Councilor Reynolds seconded the motion and it passed unanimously by those present.
4.9. ACTION ON AN INTERGOVERNMENTAL AGREEMENT WITH THE EAGLE RIVER FIRE PROTECTION DISTRICT FOR A
FUNDING PARTNERSHIP IN ACQUIRING LOT 1B FOR A JOINT POLICE AND FIRE PUBLIC SAFETY CENTER AND
PROCESS FOR DESIGN, COST ESTIMATING, BIDDING AND CONSTRUCTION MANAGEMENT OF THE CENTER
(TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the discussion to the public for comments, Peter Buckley commented.
Councilor Reynolds moved to approve the Intergovernmental Agreement with the Eagle River Fire
Protection District for a Funding Partnership in Acquiring Lot 1b for a Joint Police and Fire Public Safety
Center and Process for Design, Cost Estimating, Bidding and Construction Management of the Center
with the removal of the last two “whereas statements”. Councilor Gennett seconded the motion and it
passed unanimously by those present.
4.10. MINUTES FROM APRIL 21, 2015 MEETING (TOWN CLERK DEBBIE HOPPE)
Mayor Pro Tem Wolf moved to approve the Minutes from April 21, 2015; Councilor Burch seconded the
motion and it passed unanimously by those present.
Avon Council Meeting 4-28-2015 Minutes Page 2
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015
AVON TOWN HALL, ONE LAKE STREET
5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
5.1. COLORADO CREATIVE INDUSTRIES (CCI) SUMMIT (MAYOR P RO TEM JAKE WOLF)
5.2. EAGLE COUNTY REGIONAL TRANSPORTATION A UTHORITY (ECRTA) BOARD UPDATE
(MAYOR P RO TEM JAKE WOLF)
6. MAYOR & COUNCIL COMMENTS
7. WRITTEN REPORTS
7.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT)
7.2. RECOMMENDATION TO SOLICIT A THIRD PARTY MANAGEMENT COMPANY FOR THE AVON PERFORMANCE
PAVILION (FESTIVAL & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY)
8. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC)
8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2)(F)
CONCERNING THE TOWN MANAGER AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF
RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(A) RELATED TO SUCH PERSONNEL MATTER
Mayor Fancher moved to meet in Executive Session for the purpose of discussion of a personnel matter
under C.R.S. §24-6-402(2)(f) concerning the Town Manager and for a conference with the Town Attorney for
the purpose of receiving legal advice under C.R.S. §24-6-402(2)(a) related to such personnel matter . Mayor
Pro Tem Wolf seconded the motion and it passed unanimously by those present.
The time was 10:00 p.m.
Executive session ended at 11:12 p.m. and Council reconvened into regular session.
Council reconvened into regular session at 11:12 p.m.
Mayor Fancher moved to approve retaining the law firm of Kissinger & Fellman, P.C. to serve as independent
legal counsel for Virginia Egger as Town Manager; Councilor Gennett seconded the motion and it passed
unanimously by those present.
Avon Council Meeting 4-28-2015 Minutes Page 3
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015
AVON TOWN HALL, ONE LAKE STREET
9. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 11:12 p.m.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
Avon Council Meeting 4-28-2015 Minutes Page 4
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Date: May 12, 2015
Re: Revisions to AMC 5.24 – Amplified Sound
Revisions to AMC 9.12.080 – Drinking in Streets Prohibited
SUMMARY: With the completion of the Main Street Mall (MSM) and the Avon Performance Pavilion
(APP), staff has reviewed Avon Municipal Code (AMC) 5.24 “Amplified Sound” and AMC 9.12.080
“Drinking in Streets Prohibited” to ensure the code is aligned both with the types of expected uses in
these public spaces and considers the impacts on nearby residents and businesses. In addition, a
thorough review of the codes finds the current sound code fails to provide complete regulatory direction
when an amplified Sound Permit is required in certain locations, such as Possibility Plaza, or the criteria
for review and processing of an amplified Sound Permit. Today, AMC 9.12.080 does not allow alcohol in
Nottingham Park and therefore, as currently adopted on the new Avon Performance Pavilion (APP),
unless a special event permit has been issued pursuant to Article 48, Title 12 C.R.S. The opportunity for
the APP to be rented for weddings, private events and special events such as small theater directly on the
APP, staff sees the need to set forth the regulations for alcohol permitting on the APP.
STAFF RECOMMENDATION: Staff recommends amending sound and liquor codes as follows:
SOUND AMPLIFICATION: AMC 5.24
1. Add “introductory language” to Section 5.24 to provide context to regulations: Example Language –
“The Town Council recognizes that certain uses of sound amplifying equipment are protected by the
constitution, the Council nevertheless feels obligated to reasonably regulate the use of sound
amplifying equipment in order to protect the correlative constitutional rights of the citizens of this
community to privacy and freedom from public nuisance and loud and unnecessary noise.”
2. Amend Section 5.24.010 which states:
5.24.010 - Permit required.
(a) It is unlawful for any person other than an employee of any local or the state or federal
government to install, use or operate outdoors, Add: within any non-commercial zone district in the
Town, a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon
any sound truck without a permit obtained pursuant to Subsection (b) of this Section.
3. Amend 5.24.010 (b) to allow for Sound Permit applications to be administered by the Town Manager
instead of Town Clerk. This is functionally how applications are reviewed and it is the Town Manager
(or designee, who is most likely to be the Festival & Special Events Director) who actually is handling
and reviewing.
4. Amend 5.24.0120 to include “The Town Council may prescribe any conditions or requirements
deemed necessary to minimize adverse effects upon the community or the surrounding
neighborhood, including, but not limited to, specific times or functions of the noise on location of the
noise source. Any permit granted by the Town Council under this section shall contain all conditions
upon which the permit has been granted and shall specify a reasonable time that the permit shall be
effective.”
5. Nottingham Park & Avon Performance Pavilion (APP): Change and set “prohibited noise” to identify
days of the week and extend weekend hours to support foreseeable uses in Nottingham Park and on
APP.
5.1 Acoustic Sound: APP only: Not allowed Monday through Sunday before 9:00 a.m. and after
8:00 p.m. Outside of these hours require Sound Permit application which is acted on by the
Town Council after a Public Hearing.
5.2 Amplified Sound:
5.2.01 Not allowed Sunday through Wednesday before 9:00 a.m. and after 8:00 p.m.
Currently, code restricts amplified sound in Nottingham Park before 9:00 a.m. and
after 8:00 p.m. any day of the week. Outside of these hours require Sound Permit
application which is acted on by the Town Council after a Public Hearing.
5.2.02 Not allowed Thursday through Saturday before 9:00 a.m. and after 10:00 p.m. This
recommendation extends the ability to have sound later than the current limit of 8:00
p.m. without a Sound Permit. Outside of these hours require Sound Permit application
which is acted on by the Town Council after a Public Hearing.
5.2.03 Provide an exemption for Avon’s “Salute to the USA” fireworks display which will fall
outside allowable hours depending on the day of the week each year for July
3rd.
6. Main Street Mall (MSM): Specifically call out MSM and identify “prohibited noise” taking into
consideration proximity of residential units and businesses, and provide hours and days of the week.
6.1 No amplified sound will be allowed at any time without a Sound Permit application which is
acted on by the Town Council after a Public Hearing.
6.2 Only acoustic music will be allowed.
6.2.01 Example Language: “No loudspeakers, outside speakers, public address system or any
other device that amplifies or emits sound vibrations…”
6.2.02 Not allowed Monday through Sunday before 9:00 a.m. and after 6:00 p.m. Outside of
these hours require Sound Permit application which is acted on by the Town Council
after a Public Hearing.
6.2.03 Regarding commercial Sound Permit applicant, such as Bob’s Place, staff recommends
these types of permit applicants be allowed to apply in a single Sound Permit
application for a period of up to one year, with actual dates to be approved by the
Town Manager. This will allow such an establishment to offer music on more
spontaneous basis
7. Sound Permit Application Information:
7.1 Name, address, email and phone number on form provided by the Town
7.2 Place or places the application will playing amplified sound
7.3 The dates and times the applicant will be playing amplified sound (length & frequency)
7.4 Map detailing the projected direction of amplified sound and the distance it will be projected
7.5 The type of equipment used to play and project amplified sound, such as bull horn or amplifier
7.6 The purpose for the amplified sound (i.e. give instruction, live music, DJ, bar mitzvah, wedding,
etc.)
8. Review Criteria: All of the above information will be reviewed to determine if the potential effects,
nuisance and/or interruption to residents or other businesses can accommodate or out weights the
public benefit.
9. Notification to the Public: For actions before the Town Council on a Sound Permit
9.1 Posted on Town website under “public notices” 6 days prior to Council/Public Hearing date
9.2 Posting in paper – six (6) days prior to Council /Public Hearing date
9.3 Main Street Mall only - post at location of amplified sound six (6) days prior to Council/ Public
Hearing date
10. Expected Benefits of Sound Permit Amendments
• Streamlined permitting process
• Clearly stated and consistent requirements for permitting
• Consideration for businesses and residents living in close proximity to MSM
DRINKING IN STREETS PROHIBITED: AMC 9.12.080
1. Amend code to allow for a public or private event (Event) taking place on APP to serve alcohol under
the following guidelines:
a. Permittee shall observe and comply with all Colorado State Liquor Laws
b. Permittee shall not take any alcoholic beverage off the Premises
c. Event can only be open to invited guests
d. Alcohol purchase must be done by Permittee, not a caterer
e. Alcohol must be served by credentialed TIPS trained staff or certified bartenders, who are
not guests at the event.
f. Alcohol must be consumed at the APP during the invited event only. Consumption of
alcohol is prohibited during Event set-up and tear-down.
g. Alcohol must be consumed on the permitted premises
h. An alcohol management plan must be submitted to and approved by the Town Manager
i. If Permitted event is a public event (advertised to the public) and alcohol is either to be
sold or provided to the guests, Permittee must secure a Special Event Liquor Permit from
the Town of Avon 60-90 days prior to the event date by contacting the Town Clerk
2. Results of Amendments
• Allow private and public functions held on APP to serve alcohol
• Clearly stated regulations for allowance of alcohol at APP
COUNCIL DIRECTION: Staff is seeking Council direction on these recommendations for the Town
Attorney to draft the necessary code changes for action by the Council at subsequent meetings in May
and June.
Town of Avon
2015-16 Special Events Calendar
Event Name: WinterWonderGrass
Date: February 20-22, 2015
Description: WinterWonderGrass was produced on February 20-22 and we were so excited to have
this signature event return to Avon! WinterWonderGrass is a unique, boutique winter music and
craft beer festival highlighting bluegrass, roots and acoustic music along with Colorado craft
brews. WinterWonderGrass is hosted in Avon, Colorado's beautiful Harry A. Nottingham Park &
Avon Performance Pavilion with Beaver Creek Mountain as the natural backdrop. The festival
features over 22 bluegrass bands, more than 15 Colorado craft breweries and promotes sustainability
and community. With an outdoor, winter wonderland on the brand new Avon Performance Pavilion
main stage and heated beer tents with acoustic jams, kids’ tents, and bonfires, WinterWonderGrass
will be a time for families and friends to gather, dance, and celebrate the Colorado lifestyle.
Location: Harry A. Nottingham Park & Pavilion
Comment: Outside Producer Event – exclusive use of facilities
Main Street Mall
Event Name: Alpine Arts Center’s Social Art Series
Date: Monthly starting May 21 – see schedule online at alpineartscenter.org/upcoming-events
Description: Join us for a fun and creative experience in the company of friends. Our Social Art Series
events (Cocktails & Canvas / Cupcakes & Canvas) are the perfect way to enjoy a painting class that is
totally stress free! An instructor will guide you through a step by step demonstration of the featured
acrylic painting, and you will leave with your own unique masterpiece on stretched canvas ready to
display. Sponsored by the Town of Avon, supplies and instruction are included for only $20 per
person, and beer/wine and food can be purchased at the bar throughout the night.
Location: Main Street Mall at Food by Marc
Event Name: Avon Farmer’s Market – HCRE sponsoring
Date: June 13 through September 12
Time: 8:30 a.m. to 1:00 p.m.
Description: This is the way farmers markets are supposed to be - classic fresh produce paired with
complimentary food vendors offering the finest in seafood, beef and other unique offerings.
Whether you are preparing the week’s meal plan or just out for a lovely early morning walk, the Avon
market will provide you with fine shopping options with live entertainment each week.
Location: E. Benchmark Road – Christie Sports Parking Lot
Comment: Would like to see expanded to Possibility Plaza
1 Avon 2015 Special Event Calendar
Event Name: Reds Whites & Brews
Date: June 19 – 20
Description: The spirit of Colorado and summertime come together during Avon's fourth
annual Reds, Whites & Brews Festival on Saturday, June 20 featuring boutique wines, amazing craft
beers, local high-country food and incredible live music all in beautiful Nottingham Park & Pavilion.
Location: Harry A. Nottingham Park & Pavilion
Comment: Outside Producer Event – exclusive use of facilities
Event Name: Salute to the USA
Date: July 3
Description: The 29th annual "Salute to the USA" in Nottingham Park takes place on Friday, July 3
starting at 5:00 p.m. We invite you to take part in family friendly festivities going on throughout the
park with face painters, fire jugglers, stilt walkers, balloon sculptors, magicians, and so much
more! Bring your blanket and enjoy festival style food favorites from fresh squeezed lemonade and
funnel cakes to mini-donuts and roasted ears of corn. Relax and get ready for the most amazing
fireworks display the State of Colorado has to offer - 10,000 shells explode in a pyrotechnic
extravaganza of dazzling color and sound. You won't want to miss this hallmark event - Salute to the
USA will quickly become a tradition in your family!
Location: Harry A. Nottingham Park & Pavilion
Comment: Official christening of the Pavilion is planned prior to fireworks
Event Name: Triple Bypass Bicycle Tour
Date: July 11 – 12
Description: 2015 Triple Bypass Ride Overview
The Triple Bypass Bicycle Ride is recognized as one of the premier cycling events for those who
DARE! Celebrating the 27th Anniversary of the Triple Bypass Bicycle Ride, the Triple offers two days
of enjoying the beautiful scenery Rocky Mountains on your bike. On Saturday July 11th, 2015, the
Triple Bypass ride heads WEST from Evergreen and concludes in Avon over three mountain passes.
The ride is 120 miles from Evergreen (Bergen Park) over Juniper Pass (11,140 ft.), Loveland Pass
(11,990 ft.), Swan Mountain and Vail Pass (10,560 ft.), concluding in Avon. The ride has over 10,000 ft.
of challenging elevation gain! On Sunday July 12th, the Triple Bypass heads EAST, starting in Avon,
over 3 mountain passes, ending in Evergreen. For those truly interested in a heart-pounding
experience, riders are able to complete both ride days in the "Double Triple Bypass."
Location: Harry A. Nottingham Park
Comment: Outside Producer Event – non- exclusive use of facilities
Event Name: Colorado Disc Dogs Competition
Date: July 18
Description: Colorado Disc Dogs is a club that provides "Frisbee dog" enthusiasts opportunities to
play and compete with their dogs. The competition in Avon is their annual Mountain Event and also
part of the Colorado Cup championship series. The competition is open to all levels, including a
recreational division that gives anyone new to the sport an opportunity to experience disc dogging in
a non-competitive environment.
Location: Harry A. Nottingham Park (lower field)
Comment: Outside Producer Event – non-exclusive use of facilities
2 Avon 2015 Special Event Calendar
Event Name: XTERRA Triathlon Series
Date: July 18
Description: XTERRA returns to Beaver Creek/Avon, CO for the 2015 XTERRA Mountain
Championship.
XTERRA Mountain Championship events include a full-length XTERRA championship race, a shorter
distance XTERRA Sprint race as well as 5/10/21km trail runs. Paul Mitchell stylists will be on-site giving
professional haircuts in exchange for a $15 (or more) donation to the Challenged Athletes
Foundation.
Location: Harry A. Nottingham Park & Beaver Creek Resort
Comment: Outside Producer Event – non- exclusive use of facilities
Event Name: Bec Tri Sprint Triathlon
Date: August 1
Description: The Vail Valley Charitable Fund is proud to present the 8th Annual BecTri Sprint
Triathlon, 5K Walk/Run, and Kid’s Duathlon on Saturday August 1, 2015! This year the BecTri will be
held as a Triathlon, 5K Walk/Run, and Kid’s Duathlon that should challenge athletes of all ages and
abilities. The race will start at 8:00 a.m. at Nottingham Park in Avon, Colorado. Race as an individual
or with friends as a team – it’s a great race for beginners who want to experience the challenge of a
high-altitude, open-water swim. Bring the family and your friends to spend a beautiful day in the park
while you participate in a fun event. Race proceeds benefit the Vail Valley Charitable Fund, a local
charity that provides assistance Eagle County locals experiencing a financial hardship due to a
medical crisis or long-term illness.
Location: Harry A. Nottingham Park
Comment: Outside Producer Event – non-exclusive use of facilities
Event Name: Flavors of Colorado
Date: July 24-26
Description: Whether it’s a chef’s creative use of ingredients, the array of a musician’s musical
flavors, an artist’s creative interpretations or the flavors of a brewer’s small-batch brew, more and
more people are actively seeking to discover these flavors and Colorado is fortunate to be home to
many of these artists and their creative flavors.
Location: Harry A. Nottingham Park & Pavilion
Comment: Outside Producer Event – exclusive use of facilities; Mikaela Shiffrin autograph signing on
Saturday
Event Name: Walking Mountains Film Festival
Date: September 4
Description: The Wild & Scenic Film Festival on Tour is the largest environmental and adventure film
festival in the North America. This year’s films combine stellar is filmmaking, beautiful
cinematography and first-rate storytelling. The goal is to inform, inspire and ignite solutions and
possibilities to restore the earth and human communities, all while creating a positive future for the
next generation. Festival-goers can expect to see films about the natural world, conservation,
sustainability and adventure.
Location: Westin Riverfront Resort
Comment: Goal is to grow this into a major film festival
3 Avon 2015 Special Event Calendar
Event Name: Cielto Lindo Heritage & Music Festival
Date: September 18-19
Description: Excite all your senses with live music and performance art at Cielto Lindo Heritage &
Music Festival. Bring the whole family to enjoy Latin music, signature tequila, mescal and beer as
well as traditional Latin traditional foods.
Location: Harry A. Nottingham Park & Pavilion
Comment: Outside Producer Event – exclusive use of facilities
Event Name: Man of the Cliff
Date: October 10-11
Description: Man of The Cliff 2015 is the 7th annual non-profit event comprised of outdoor, rugged
activities that are modified to fit all strength and ability levels. For the second year in a row, the
event will take place at picturesque Nottingham Park in Avon, Colorado with 100% of all funds raised
benefitting local charity, First Descents
Location: Harry A. Nottingham Park & Pavilion
Comment: Outside Producer Event – exclusive use of facilities
February 2016
Event Name: WinterWonderGrass
Date: February 19-21, 2016
Description: WinterWonderGrass is back on February 19-21, 2016 and we are so excited to have this
signature event return to Avon! WinterWonderGrass is a unique, boutique winter music and craft
beer festival highlighting bluegrass, roots and acoustic music along with Colorado craft
brews. WinterWonderGrass is hosted in Avon, Colorado's beautiful Harry A. Nottingham Park &
Avon Performance Pavilion with Beaver Creek Mountain as the natural backdrop. The festival
features over 22 bluegrass bands, more than 15 Colorado craft breweries and promotes sustainability
and community. With an outdoor, winter wonderland on the brand new Avon Performance Pavilion
main stage and heated beer tents with acoustic jams, kids’ tents, and bonfires, WinterWonderGrass
will be a time for families and friends to gather, dance, and celebrate the Colorado lifestyle.
Location: Harry A. Nottingham Park & Pavilion
Comment: Outside Producer Event – exclusive use of facilities (funding not yet approved)
4 Avon 2015 Special Event Calendar
Summer Program Spotlight
Swim Beach
Disc Golf
Avon Mountain Adventure Camp
Youth Sports Camps
Triathlon Training
SUP Program
Pickelball Possibilities
Outdoor Yoga
2015 Special Events on Avon Performance Pavilion
Nottingham Park
Disc Golf
Non Fee based park amenity
North side grass
Six hole course, 1,440 yards. Five par 3
holes, one par 4 hole
Avon Mountain Adventure
Day Camp
Children will participate in Individual outdoor skills
and lessons throughout the summer earning points
towards becoming an Avon Mountain Adventurer!
Weekly lessons at Walking Mountains Science Center
White Water Rafting
SUP and Kayak lessons
Rock Climbing
And much more!
ADVENTURE CAMP BUDGET
REVENUE:
Likely scenario: 40 campers
per day, $68,040.00
52 campers per
day(capacity) $89,232.00
$33.00 per day enrollment
11 weeks
No camp July 2, 3,29
2014 summer camp: average:
38 campers per day at
$33.00/day
EXPENSES: $63,533.00
Staff Counselors: $34,122
Full Time Salary: $10,500
General overhead: $6,000
Food for campers: $1,900
Field Trips: $4,604
Marketing: $1,200
Vehicle expense $1,601 (fuel and
service charge)
6% Contingency: $3,606
Summer Youth Sports Camps:
June 8th-June 17th Tennis $25
June 22nd-July 1st Soccer $25
July 6th—July 15th Pickleball $25
July 20th– July 29th Baseball $25
Mondays/Wednesdays 9:00am-12:00pm
Finish up with a swim at the Avon Recreation Center from
11:00-12:00!
For grades 3-6
Put the FUN back into fundamentals!
Develop new skills and improve on existing ones! Campers will
not only learn the sport they are playing, but also skills as
teamwork and perseverance.
Beginner Triathlon Training
Tri training program will focus on:
Comfort in open water
Sighting skills
Transition from swim to Bike
transition from bike to run
Riding etiquette & technique
Strategic shifting
Triathlon Training Schedule:
Date: June 15 – July 23
Cost: $100 for the 6 week course
$10 drop in fee
Mondays: 6:15 a.m. – 7:30 a.m. – Meet in the Spin Room
Tuesdays: 5:30 p.m. to 6:45 p.m. – Meet at the Lake
Thursdays: 5:30 p.m. to 6:45 p.m. - Meet at the Lake
2015 SUP Program
A request for Proposal for SUP services went out in early April. The department received
three submissions. Staff concurred that Stand Up Paddleboard Colorado presented the
Town with the most complete scope of services. The 2015 SUP at Nottingham Lake program
will include paddleboard rentals, youth and adult lessons, and SUP Yoga.
The Recreation Department is proposing that SUP Colorado manage all areas of the
summer lake program including paddleboat rentals. 2014 cabin PTS expense for staffing
was $23,813. Eliminating the unnecessary second staff person to help manage rentals would
save the Town that expense. Projected revenue share from rentals is $12,000.00
Potential Pickelball sites
Yoga on the Pavilion
o Yoga for the people:
Saturday mornings 9:00 a.m.
Complimentary, donations
accepted* morning Yoga
with optional walk to the
Avon Farmer’s market to
follow.
o Tuesday, Thursday Morning
Yoga 9:00a.m. to 10:30 a.m.
o *Donations from Yoga for the People
will benefit the Avon Mountain
Adventure Camp Scholarship Fund.
2015 Special Events on Avon
Performance Pavilion
Event Name: WinterWonderGrass
Date: February 20-22
Event Name: Reds Whites & Brews
Date: June 20
Event Name: Salute to the USA
Date: July 3
Event Name: Flavors of Colorado
Date: July 24-26
Event Name: Cielto Lindo Heritage & Music Festival
Date: September 18-19
TOWN COUNCIL REPORT
To: Mayor & Town Council
From: Robert L. Ticer, Chief of Police
Date: May 12, 2015
Re: Avon Police Department 2015 First Quarter Report
Department Overview
The Avon Police Department is a full-service municipal law enforcement agency responsible for 24/7 service to the Town of Avon,
with a population of 6410, as of 2013 U.S Census Bureau estimates. The Department consists of eighteen (18) sworn police officers
and two (2) non-sworn employees. The 2015 Avon Police Department adopted budget is $2,992,877, which is 18.63% of the Town’s
budget. Avon Police employees focus attention to the Department’s Mission Statement and Goals on a day-to-day basis to ensure the
safety and security of residents and visitors in the community.
Administration of the Department
The Police Department is administered by the Police Chief, and is assisted by a Deputy Chief and three (3) Sergeants. Each Patrol
Sergeant oversees six (6) police officers, while the Detective Sergeant supervises the detective and major programs such as Police
Training. The twelve (12) Patrol Officers and two (2) Patrol Sergeants work 11.5 hour shifts.
Avon Police Department Organization Chart
Quarterly Reporting of Crime and Traffic Statistics:
The Avon Police Department is committed to reducing crime and improving traffic/community safety through community
partnerships, education, and by enforcement of laws. The Department has been capturing known data since 1997, which is available
for analysis and is used for strategic planning. Additionally, the data is used to identify when and where crimes and crashes are
occurring and to efficiently and effectively deploy officers to further deter/reduce crime and improve traffic safety. Some crime is
random, but utilizing data and identifying areas of concern allow the most efficient use of personnel to improve community safety.
This document contains year-to-year historical crime reporting and traffic data, which highlights highs and lows in activity. There are
many variables that contribute to crime and traffic crashes: such as weather, staffing, philosophy, prioritization, special events,
population, economy, etc. Secondly, this memorandum contains current 2015 1st quarter crime/traffic data as compared to the 1st
quarters of 2013 and 2014. Lastly, additional programs and community projects that the Police Department is working on is
documented.
Year-to-Year Crime/Traffic Reporting
The Police Department captures a wide variety of data and statistics for a variety of reasons. First, crime data is sent to the FBI for
documentation in the Uniformed Crime Report (UCR). The FBI uses this information to produce a crime index for each community
that voluntarily submits crime information. The latest index available is from 2012 and lists the Avon UCR Index at 145.6, which is
less than half of the national average of 298.9. This is an excellent indicator of low crime rates in the Town of Avon. Between 2009
and through the current data available, Avon has had the lowest UCR Indexes dating back to 2001. Additionally, the Police
Department compares statistical data against the Annual Benchmark Cities Survey, which is a nearly two decade long comparative
police performance analytics. Thirty (30) law enforcement agencies from throughout the country participate in this survey including
Boulder, Ft. Collins, and Lakewood, Colorado. The latest available annual data for this national survey is 2013.
http://www.opkansas.org/maps-and-stats/benchmark-cities-survey/
The yellow and red highlights in the table below indicate high and low ranges of the historical period. The larceny category includes
shoplifting cases and has shifted year-to-year depending upon staffing of safety and loss departments at local retailers. Reporting
procedures changed in 2004, therefore, data for total reports and calls for service are most accurate for comparison purposes moving
forward to today’s data.
Avon Police Department
1997-2014 Activity Statistics
1999* 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Total Crimes Reported 1015 965 1153 1119 1101 1310 1191 1330 1438 1227 869 786 908 613 667 912
Group A Crimes (1) 498 498 620 632 495 585 553 592 571 562 438 368 440 372 313 388
Group B Crimes (2) 517 467 533 487 606 725 638 738 867 665 431 418 468 241 354 524
Clearance Rate .33 .62 .56 .40 .43 .52 .42 .35 .49 .41 .43 .43 .48 .59 .44 .40
Total Reports 3880 4529 5223 5544 5325 3947* 1284 1406 1453 1338 952 897 1111 1015 925 912
Calls for Service 2787 3214 3608 4294 19819 21250 21215 19359 13364 14382 16905 16213 13829 16909
Traffic Accidents 282 310 330 307 270 187 221 213 204 253 177 170 161 142 174 148
Traffic Accidents ETOH/Drug 0 7 14 16 14 6 8 7 10 12
Total Arrests 385 452 526 533 500 595 477 568 722 607 366 334 384 450 435 501
Adult Arrests 325 402 453 472 443 520 421 512 654 549 350 291 363 419 413 478
Juvenile Arrests 42 50 73 61 57 75 56 56 68 58 16 43 21 31 21 23
Felony Arrests 87 83 117 86 70 39 71 88 54 50
Sexual Offenses 4 8 7 11 9 8 6 6 2 4 6 6 12 12 4 10
Robbery 3 5 3 2 5 2 1 1 0 0 0 2
Burglary 19 36 61 45 41 37 30 47 33 41 38 28 24 9 11 12
Larceny 158 173 204 231 166 175 184 198 164 155 153 149 160 87 129 159
Motor Vehicle Theft 6 14 16 20 15 15 22 15 13 17 7 9 4 1 4 6
Assault 65 71 93 77 90 101 85 78 90 74 42 48 41 37 36 45
Arson 0 0 4 4 3 1 2 1 0 0 0 0 2 1 1 3
Forgery/Counterfeiting 9 20 35 18 17 24 20 24 29 38 25 9 5 5 4 9
Fraud 34 42 51 33 21 43 37 49 42 48 32 20 17 28 32 27
Vandalism 61 78 96 118 69 74 117 110 104 117 94 54 64 51 72 69
Weapon Offense 5 9 2 6 3 7 4 8 6 9 1 1 3 4 0 6
Narcotics 31 39 41 67 55 85 34 43 80 50 36 41 101 135 15 36
DUI 70 76 69 85 123 169 95 105 154 153 93 78 118 89 105 150
Liquor Laws what is this 24 93 96 87 106 49 48 61 52 37 17 31 25 23 23 16
Disorderly Conduct 31 46 33 23 61 47 39 61 59 42 25 26 30 33 24 19
Domestic Violence 31 54 53 42 42 75 70 88 84 64 30 40 41 38 55 37
Traffic Stops 2477 2115 2039 1553 1765** 1193* 1227 1894 2055 2126 2383 2860 4691 4299 3283 4302
Traffic Warnings 791 1169 1143 1098 1434 1811 3101 2523 2371 3275
Traffic Summons
Speeding
Avon
682 495 555 443 569 397 278 554
237
142
614
233
70
772
340
80
663
312
57
782
393
63
1192
379
31
961
275
16
701
118
5
820
169
14
Wildridge
WBC BL
EBC BL
Swift
I 70
Metcalf
Nottingham
9
17
16
3
5
24
7
11
19
9
5
91
16
11
1
49
33
6
139
21
8
8
101
35
13
36
9
44
15
86
31
7
147
22
19
2
46
7
6
265
3
17
3
36
6
13
191
1
7
2
9
6
2
85
3
4
4
22
5
2
103
7
7
Safety Belt Tickets 25 0 86 410 407 365 316
Child Safety Seats Tickets 2 2 8 3 7 1 5
Criminal Summons 266 320 329 291 293 91*
Odor Complaints N/A 28 30 3 2 2 0 0 0 0 0 0 0
Animal Control Warnings 66 30 20 25 33 19 12 10 28
Animal Control Summonses N/A 35 32 12 22 20 22 38 34 13 27 9 6 7 11 3
Wildlife Protection Ordinance
(CFS)
N/A N/A N/A N/A N/A 4 189 136 103 62 55 23 11 40 3 29
Wildlife Protection Ordinance
Summonses
N/A N/A N/A N/A N/A 0 15 16 20 0 7 0 0 2 0 1
Bear Calls N/A N/A N/A N/A N/A 120 24 32 106 16 108 38 35 131 18 60
Smoking Violation
Summonses
N/A N/A N/A N/A N/A N/A N/A 7 7 2 0 0 0 0 0 0
Smoking Violation Warnings 4 3 4 0 0 0 0 0 0
January 1-December 31, 2014
(1) Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting,
Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery
and Weapon Violations.
(2) Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and
Trespass.
1997 Traffic Stops June 20-December 31, 1997
2003 Traffic Stops January 1-December 28, 2003
Crime/Traffic Statistics and Calls for Service:
During the 1st quarter of 2015, Vail Public Safety Communication Center dispatched 1,121 calls for service to the Avon Police
Department. In addition to these calls, officers logged 3,096 self-initiated calls for service, which include traffic stops, building
checks, foot patrols, extra patrols as requested by community members, community contacts, etc.
The Benchmark Cities Survey shows that the average number of annual calls for service per 1,000 citizens is 473.1. Calls for service
in Avon have been significantly higher over the last three years at 691 in 2012, 619 in 2013, and 652 in 2014. This indicates that the
Avon Police Department is busier than the average law enforcement agency in response requests, which may be an indicator of public
trust. Community members call when they need assistance, whether emergent or not.
The Police Department, as part of the annual performance matrix, measures response times to calls for service. These times are
documented and calculated through the Vail Public Safety Communications Center. Calls for service are broken into four priorities,
which are:
Priority 1: Life or property in immediate threat or just occurred. Units respond immediately, lights and sirens.
Priority 2: Respond promptly, no lights and sirens necessary.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Calls can be held for a period of time.
The Annual Benchmark Cities Survey indicates that the average response time for Priority 1 responses is 5:55 for the thirty (30)
agencies surveyed. The survey does not break down Priority 1 or 2 as does the Vail Public Safety Communications Center; however,
the Avon Police Department’s response times for emergency calls (Priority 1 and 2) are significantly less than the survey average.
Avon Police Department Response Times:
2012
P1 – 0:00:00 (No priority 1 events)
P2 – 0:03:39
P3 – 0:08:08
P4 – 0:08:56
2013
P1 – 0:03:53 (2 Priority 1 events)
P2 – 0:03:53
P3 – 0:11:38
P4 – 0:09:18
2014
Priority 1 - 00:00:57 (2 Priority 1 events)
Priority 2 - 00:03:13
Priority 3 - 00:10:59
Priority 4 - 00:07:40
Crime Reporting/Incident Reports:
During the 1st quarter of 2015, the Police Department saw an increase in crime reporting and incident reports in comparison to the 1st
quarters of 2013 and 2014. February 2015 was very busy with the Alpine World Ski Championship, the Après Avon two-week
concert series, and the three-day Winter Wonder Grass Festival in Avon. Total reported crime for February increased 59%, and total
incident reports increased 29% when compared between 2015 and 2014.
Alcohol/Drugs:
Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in relation to crimes against
persons incidents and driving under the influence cases. Marijuana arrests have continued to decline substantially since the passage of
Amendment 64 by Colorado voters two years ago. Officers made 31% more DUI arrests in the first quarter of 2015 compared to the
1st quarter of 2014. DUI related crashes declined from 3 to 1 over the same quarterly comparison.
Arrests:
These arrest numbers include full custodial arrests, where the subject is booked into the Eagle County Detention Facility and summons
and releases for minor offenses. Due to the distance to the Detention Facility and current staffing levels, Avon Officers attempt to
summons and release when practical to ensure the Officers are within the town boundaries as much as possible. With increases in
reported crime, the Police Department has recorded arrests at higher rates than the previous two quarterly comparisons. For the 1st
quarter of 2015, officers arrested 43% more offenders than in 2014 and more than doubled the number of felony arrests over that time
period.
Property Crimes:
Property crimes have remained at historic lows over the last several years. For the 1st quarter of 2015, one burglary was reported with
a small increase in vandalism noted. Theft increased slightly from 2014; however, the Police Department has been very busy for the
last two years with calls for service at several of our large retailers due to active safety and loss prevention departments detaining
shoplifters and requesting prosecution.
In comparison to the Benchmark Cities Survey, the average annual number of burglaries per 1,000 residents is 5.1. Avon has seen an
annual average below 2 for each of the last three years.
In comparison to the Benchmark Cities Survey, the average annual number of auto thefts per 1,000 residents is two (2). Avon has
seen an annual average below one (1) for each of the last three years.
Crimes Against Persons:
There have been zero robberies reported for the 1st quarters of 2013-2015. There was one sexual assault reported during the 1st
quarter of 2015. Assaults and domestic violence were the same for the 1st quarter of 2015 as in 2014. These numbers were slightly
lower than 2013.
In comparison to the Benchmark Cities Survey, the average annual number of reported domestic violence per 1,000 residents is 6.2.
Avon has seen an annual average less than that number in 2012 and 2014, yet higher at 8.5 in 2013.
In comparison to the Benchmark Cities Survey, the average annual number of reported sexual assaults per 1,000 residents is .33.
Avon has seen a rate significantly higher than this average for each of the last three years at 1.8 in 2012, .62 in 2013, and 1.5 in 2014.
The Avon Police Department tracks clearance rates for the most serious crime. Some crime has high solve rates such as narcotic
arrests and assaults, while other crime like sexual assaults, burglaries, and theft have lesser solve rates. The Avon Police Department
has a clearance rate that is significantly higher than the Benchmark Cities Survey average. The Avon rate has declined over the last
two years, primarily because of less drug arrests as a result of the passage of Amendment 64 by Colorado voters.
Traffic Crashes:
Traffic Crashes have declined from 66 in 2013 to 53 in 2014 to 46 in 2015, for the 1st quarter. Of the 46 crashes in 2015, 5 involved
injuries and 1 involved an impaired driver. The majority of crashes occur on Interstate 70, Avon Road, Beaver Creek Boulevard, and
Beaver Creek Place. The Benchmark Cities Survey indicates that the crash rate for 1,000 citizens annually is 22.2. Factoring this
average would equate to 142 crashes in Avon annually. Avon recorded 142 crashes in 2012, 174 in 2013, and 148 in 2014. 2012 was
the lowest number of crashes on record for Avon.
15%
24%
24%
7%
4%
9%
9%
2%2%
4%
Traffic Crash Locations
First Quarter 2015
Interstate 70
Avon Road
Beaver Creek Blvd/Beaver
Creek Place
Metcalf/Nottingham
Wildridge
Post Blvd
Traffic Enforcement:
Traffic summonses for the 1st quarter of 2015 were nearly the same as in 2014 at 175 and 181, respectively. Officers gave 818
warnings to traffic offenders for the 1st quarter of 2015, which was an increase of 5% from the 1st quarter of 2014. Seat belt citations
declined for the 1st quarter of 2015 compared to the 1stt quarter of 2014 by 81% from 48 to 9.
The Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at 167. In 2014, the Avon Police
Department issues 970 traffic citations/summons, which included 150 arrests for Driving Under the Influence (DUI). This annual
number is 151 citations per 1,000 citizens in Avon, which is below the survey data average.
Patrol Vehicle Usage and Annual Mileage:
The Police Department utilizes nine (9) black and white fully marked patrol vehicles for patrol operations. Each of the two Patrol
Sergeants is assigned a vehicle and the other seven (7) vehicles are shared between the 12 Patrol Officers. Of the nine (9) vehicles,
eight (8) are Chevrolet Tahoe and the other is a Chevrolet Caprice sedan. Annual mileage usage for these vehicles differed slightly
over the last three years in comparison due to staffing and calls for service. Using the formula of 14 sworn personnel assigned to
patrol operations, officers averaged 8,216 miles driven in 2014, 7,723 miles driven in 2013, and 7,304 miles driven in 2012. The
Department was fully staffed in 2014.
102260
7304
108133
7723
115073
8219
Total Mileage Average Per Officer/Sgt
Patrol Vehicle Mileage
Annual Comparison
2012 2013 2014
Community Policing Projects and Involvement:
• Kids, Cops, and Hoops Community Basketball Program.
• Eagle River Youth Coalition Partnership.
• Suicide Prevention Coalition of Eagle County (Speak up Reach out).
• Dinner and Dialogue Presentation on Youth Substance Abuse.
• Eagle County Law Enforcement Immigrant Advisory Committee.
• Presentation at Colorado Association of Chiefs of Police Marijuana Summit.
• Planning of the new Avon Public Safety building.
• Managing the Gore Range DUI Task Force grants.
Special Events:
• 2015 Alpine World Ski Championships. Incident Command, Tactical Command, Dignitary Protection, and community
presentations.
• Après Avon 2-week staffing.
• Winter Wondergrass Festival. Staffing/Incident Command.
• Scheduling and planning for end of summer citizen’s academy and Latino citizens academy,
Special Projects/Personnel/Training:
• End of Year department reports completed.
• Preparing and planning for 2015 Commission on Accreditation for Law Enforcement Agencies (CALEA) mock audit and full
audit moving the Department to full accreditation.
• Quarterly inspections and audits completed.
• Detective Sergeant Ken Dammen has announced his retirement for May 2015. Promotion and hiring planning begins.
• Quarterly Department Training completed.
• Bi-monthly Eagle County Special Operations Unit Training completed.
• Development and final research phase of body worn camera system program.
• Finalization of electronic citation/data system in partnership with multiple agencies through grant funding
Summary:
The Avon Police Department believes that every crime victim is a victim regardless of what the crime rate is. Recognizing
this, the Town of Avon has seen a community with low rates of crime and improved traffic safety. Reasons for these successes
are varied; however, it is apparent that high visibility patrol, efficient use of data to deploy officers efficiently and effectively,
and excellent community involvement/trust are significant factors.
This document is the first requested quarterly report for the current Avon Town Council and should be utilized to ask further
questions and provide additional ideas for community policing and problem solving to reduce crime and improve traffic safety.