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TC Packet 08-08-2017 Updated item 6.2TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 8, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. Page 1 of 3 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) 1.CALL TO ORDER & ROLL CALL 2.APPROVAL OF AGENDA 3.MEETING PROCEDURES FOR THE MEETING OF AUGUST 8, 2017 ACTION ITEMS •PRESENTATION OF ITEM •PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME •COUNCIL DISCUSSION •MOTION •COUNCIL DISCUSSION •VOTE WORK SESSION AND PRESENTATIONS •PRESENTATION OF ITEM •COUNCIL DISCUSSION •PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME •COUNCIL DIRECTION 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME (15 MINUTES) 5.EAGLE VALLEY LAND TRUST COMMUNICATION MEETING (EXECUTIVE DIRECTOR JIM DAUS & EVLT BOARD) (45 MINUTES) 6.ACTION ITEM 6.1. ACTION ON EAGLE COUNTY SCHOOLS’ REQUEST FOR $60,675.50 FOR PARKING LOT REPAIRS FROM THE CAPITAL PROJECTS FUND CONTINGENCY (EAGLE COUNTY SCHOOL’S COO SANDRA MUTCHLER) (10 MINUTES) 6.2. PUBLIC HEARING ON AN APPEAL OF PERMIT RBP #15012 – 5705 WILDRIDGE ROAD EAST (ELIZABETH PIERCE-DURANCE) (40 MINUTES) 6.3. PUBLIC HEARING ON FILE #REZ17001, A REZONING APPLICATION TO APPLY THE SHORT TERM RENTAL OVERLAY (STRO) DISTRICT TO 510 NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 6.4. ACTION ON NOTICE OF AWARD RECOMMENDATIONS FOR 2017 STREET IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH) (15 MINUTES) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 8, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. Page 2 of 3 6.5. CONSENT AGENDA (5 MINUTES) 6.5.1. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR THE EAGLEVAIL TRAIL EXTENSION PROJECT (MAYOR JENNIE FANCHER) 6.5.2. APPROVAL OF MINUTES FROM JULY 25, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 7. WORK SESSION 7.1. PROPOSED AMENDMENTS TO THE TOWN’S LANDSCAPE CODE (PLANNING DIRECTOR MATT PIELSTICKER) (40 MINUTES) 8. WRITTEN REPORTS 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 10. ADJOURNMENT _________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 8, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. Page 3 of 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY EVENT NAME: MAJOR LEAGUE TRIATHLON EVENT DATE: AUGUST 26, 2017; 12:00 P.M. UNTIL 8:30 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: CHAR GONSENICA PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. MINUTES FROM JULY 25, 2017 6. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Jake Wolf and Amy Phillips. Megan Burch and Matt Gennett are absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Chief Coby Cosper, Recreation Director John Curuchet, Executive Assistant to the Town Manager Preston Neill and Secretary 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 No public comments were made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT Start time: 01:02 Part One 4.1. Applicant Name: Suicide Prevention Coalition of Eagle Valley – Speak Up Reach Out Event Name: Avon LIVE! Summer Concert Event Date: August 16, 2017; 2:00 p.m. until 11:00 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Erin Elizabeth Ivie Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Alex Ballesteros, who was present to answer questions and talk about the event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Prince moved to approve the special event permit on for Suicide Prevention Coalition of Eagle Valley – Speak Up Reach Out Avon LIVE! Concert on August 16, 2017. Board member Phillips seconded the motion and it passed unanimously by those present. Board members Burch and Board member Gennett were absent. 4.2. Applicant Name: Bright Future Foundation of Eagle County Event Name: Avon LIVE! Summer Concert Event Date: August 30, 2017; 2:00 p.m. until 11:00 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Casey Angel Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Alex Ballesteros, who was present to answer questions and talk about the event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips moved to approve the special event permit application for the Bright Future Foundation of Eagle County Avon LIVE! Concert on August 30, 2017. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously by those present. Board Burch Prince and Board member Gennett were absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 4.3. Applicant Name: Town of Avon Event Name: Tenth Mountain Storytellers Event Dates: August 18, 2017; 5:00 p.m. until 10:00 p.m. August 19, 2017; 12:00 p.m. until 10:00 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Casey Willis Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Virginia Egger, who was present to answer questions and talk about the event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips asked if portions of the park would be closed during the event. Virgina Egger responded the pavilion will be closed and the beach will not be closed. Vice Chairwoman Smith Hymes moved to approve the special event permit application for the Town of Avon Tenth Mountain Storytellers event on August 18 & 19, 2017. Board member Phillips seconded the motion and it passed unanimously by those present. Board member Burch and Board member Gennett were absent. 5. REPORT OF CHANGE – TAVERN CONVERSION Start time: 00:50 Part One 5.1. Applicant: Nova Entertainment, LLC d/b/a Loaded Joe’s Location: 82. E. Beaver Creek BLVD. Type: Tavern Conversion to Hotel and Restaurant Manager: Kent Beidel The application was presented with no concerns. Board member Prince moved to approve the report of change for Nova Entertainment, LLC d/b/a Loaded Joe’s. Board member Phillips seconded the motion and it passed unanimously by those present. Board member Burch and Board member Gennett were absent. 6. MINUTES FROM JULY 11, 2017 Start time: 07:48 Part One Vice Chairwoman Smith Hymes moved to approve the minutes from July 11, 2017, Liquor Authority meeting. Board member Phillips seconded the motion and it passed with a vote of 4. Board members Burch and Board member Gennett were absent. Board member Prince abstained from the vote due to his absence. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 7. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 5:11 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: August 8, 2017 Agenda Topic: Eagle Valley Land Trust Communication Meeting Please welcome members of the Eagle Valley Land Trust (EVLT) Board of Directors and Executive Director Jim Daus to Tuesday’s meeting. The gathering will begin with a presentation by EVLT on land trusts/conservation easements, followed by questions and answers. Please find attached a listing of the EVLT Directors and staff. J:\PFTP\Admin\Board and Staff Contact Sheet Officers Andie Bombard (Dave) President PO Box 2185 Edwards, CO 81632 Cell: 415-309-3582 Home: 970-926-0260 adriana.sulak@gmail.com T.J. Voboril (Lauren) Vice President 1000 Homestead Drive, Unit 2, Edwards, CO 81632 Work: 970-306-6456 Fax: 970-236-1246 Cell: 970-471-1041 tj@rkvlaw.com Andy Larson (Lindsey) Treasurer 194 Eagle Road, 2A, Avon, CO 81620 PO Box 7401, Avon, CO 81620 Work: 402-884-0066 ext 130 Cell: 402-658-8057 alarson@cfosystemsllc.com Tina Nielsen (Andy) Secretary 3095 3rd Street, Boulder, CO 80304 1448B Vail Valley Drive, Vail, CO 81657 Cell: (303)-641-6604 tnielsen@bouldercounty.org Directors Emeritus Dr. Tom Steinberg President Emeritus 1022 Eagles Nest Circle Vail, CO 81657 Home: 970-476-5427 Fax: 970-476-7999 Tom Edwards (Margaret) PO Box 889 Gypsum, CO 81637 Home: 970-524-9703 Cell: 970-390-8537 tuckerblackbear@gmail.com Dan Godec (Sue) PO Box 292 Edwards, CO 81632 Cell: 970-390-6630 dan.godec@yahoo.com Asst. Kristin Cecil kcecil@grnstarfinancial.com Directors Dr. Steve Conlin 4864 Sweetwater Road Gypsum, CO 81637 Cell: 970-948-3666 Work: 970-328-5444 seconlin@centurytel.net Larry Agneberg (Sandi) 511 E. Lionshead Circle Vail, CO 81657 Work: 970-476-2485 Ex 16 Home: 970-926-8650 Cell: 970-376-7100 larry@Come2Vail.com Stan Cope (Mary Ellen) 200 Vail Road, Vail, CO 81657 Work: 970-476-9530 Cell: 970-390-4473 stan@lodgetower.com Kip Gates (Leslie) PO Box 80 Burns, CO 80426 Home: 970-653-4306 Cell: 970-390-3504 kipelk@colorado.net Hatsie Hinmon (Sandy) 407 Meadow Road Edwards, CO 81632 Cell: 970-331-9610 hatsiehinmon@hotmail.com Bob Holmes (Judy) Robert Holmes Law LLC 991 Mt. Rose Way Golden, CO 80401 Cell: 303-641-7305 bob@bholmeslaw.com Susan Johnson (Greg) PO Box 4477, Vail, CO 81658 Cell: 970-331-7587 susanJ245177@gmail.com Hope Anderson Kapsner (Matthew) 1864 Sweetwater Road, Gypsum 81637 Home: 970-524-9518 Cell:970-376-6619 Email: hopekapsner@mac.com David Smith (Jody) 5431 E 17th Avenue, Denver, CO 80220, Home: 303-322-9243 cell 303 517 5591 dcsmith5431@msn.com Directors Bob Warner (Jill) PO Box 1807, Edwards, CO 81632 Home: 970-926-6250 Cell: 970-390-0399 robertwarnerjr@gmail.com Anna-Maria Ray PO Box 4721, Vail, CO 81658 Cell: 970-331-2689 ray.annamaria@yahoo.com Clayton Gerard (Kacey) 1610 Daggett Lane Gypsum, CO 81637 Cell: 970-376-0146 clayton.gerard@gmail.com Christina Lautenberg (Josh) PO Box 2327 Edwards, CO 81632 Cell: 970-376-5064 jandcski@vail.net David Schlendorf PO Box 1945 Edwards, CO 81632 724-309-5043 dwschlendorf@gmail.com Staff Jim Daus (x 405), Executive Director Cell: 303-912-2920 Email: jdaus@evlt.org Jessica Foulis (x 404) Stewardship and Outreach Manager Cell: 703-489-6490 Email: jfoulis@evlt.org Nancy Glass (x 403), Office Manager Cell: 850-384-152 Email: nglass@evlt.org EVLT Contact Info: PO Box 3016 34215 Hwy 6, Suite 205 Edwards, CO 81632 970-748-7654 Conf. Line: 712-775-7031, ID: 672 789 639 Jodi Teague: 970-376-0817 Mark Lathrop: 970-390-0510 Toby Sprunk: 970-328-8698 (work) 970-471-6776 (cell) Tracy Tutag: 970-926-6911 Matt Andrews 970-306-7004 Kate Peters 919-606-5612 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Assistant to the Town Manager Date: August 8, 2017 Topic: Action on Eagle County Schools’ Request for $60,675.50 for Parking Lot Repairs from the Capital Projects Fund Contingency ACTION BEFORE COUNCIL Council is asked to take action on a request from Eagle County Schools for payment of $60,675.50 for parking lot repairs at Avon Elementary School. PROPOSED MOTION “I move to approve payment of $60,675.50 from the Capital Projects Fund Contingency line item to Eagle County Schools for parking lot repairs at Avon Elementary School.” BACKGROUND In 1996, the Town of Avon and Eagle County Schools entered into a Joint Use Agreement (Attachment 1) that includes a stipulation about maintenance of the parking area at Avon Elementary School. Section 14.2 states that annual maintenance of the parking lot shall be equally shared by both parties and Eagle County Schools shall be responsible for the maintenance. The Joint Use Agreement also states that Eagle County Schools “shall provide the Town with its annual projection for such maintenance and costs prior to August 1 of each year in order for the Town to budget for such expenses.” Repairs to the parking lot at Avon Elementary School are part of Eagle County Schools’ 2016-2019 Bond Capital Construction Program. The amount of $60,675.50 was not provided to the Town prior August 1, 2016, as the scope of the project was still being developed and Eagle County Schools did not want to provide the wrong amount. While they recognize the amount was not communicated in a timely manner per the Joint Use Agreement, Eagle County Schools is now requesting the Town remit $60,675.50, which is half of the actual cost of the repairs. Attachment 2 is a letter from Sandra Mutchler, Chief Operations Officer, that requests payment. Attachment 3 is an invoice in the amount of $60,675.50 and Attachment 4 provides line item detail for the parking lot repair project. Town staff is highly supportive of the timely repairs and recommends funding this fiscal year as Contingency funds are available. Sandra Mutchler will attend Tuesday’s meeting to present this item. ATTACHMENTS Attachment 1 – Joint Use Agreement Attachment 2 – Request from Eagle County Schools Attachment 3 – Invoice Attachment 4 – Line Item Detail for AES Parking Lot Repair Project Sandra Mutchler, C.P.A. Chief Financial Officer sandra.mutchler@eagleschools.net July 31, 2017 Town of Avon 1 Lake Street PO Box 975 Avon, CO 81620 Dear Avon Town Council: Eagle County Schools is requesting payment for 1/2 of the cost of repairing the parking lot at Avon Elementary School. Per our Memorandum of Understanding, the total cost would be split 50/50. The invoice is for 50% of the total cost. Respectfully, Sandra Mutchler Chief Operations Officer Eagle County Schools 970-328-2747 (o) 303-435-5939 (c) pho: 970 328-6321 fax: 970 328-1024 myapp.is/EagleSchools • web: eagleschools.net • twitter: @eagleCOschools • facebook: eagle.schools • 948 Chambers Ave • PO Box 740 • Eagle, CO 81631 Eagle County Schools INVOICE NO: 17--AES2 P.O. Box 740 Eagle, CO 81631 Tel: 970.328.6321 Fax: 970.328.1024 Bill To: Town of Avon PO Box 975 Avon, CO 81620 Qty Unit Price Price Parking lot repairs 0.5 121,351.00$ 60,675.50$ Comments:Please make checks payable to: Eagle County School District Attn: Chelsey Gerard Subtotal 60,675.50$ Shipping -$ -$ For Office Use Only Total 60,675.50$ 50% of costs - items 1-10 see attached February 9, 2015 Description Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail:ericheillaw@yahoo.com H EIL L AW TO: Avon Board of Appeals FROM: Eric J. Heil, Town Attorney RE: Appeal of Decision of Building Official, 5705 Wildridge Road East DATE: Aug 4, 2017 SUMMARY: This memorandum provides guidance for the Avon Town Council acting as the Board of Appeals with regard to procedures and legal considerations associated with potential actions of the Board of Appeals. Avon Municipal Code Section 15.10.090 amends Section R112 of the International Residential Code to state that the “Any person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code.” (Chapter 15.06 is reprinted below). Elizabeth Pierce-Durance is representing the Avon Building Official. I am representing the Board of Appeals to advise on procedures and legal matters related to any decision of the Board of Appeals. CONDUCT OF HEARING: The following order is proposed for the conduct of the hearing: 1.Introduction 2.Appellant’s presentation (including ability to call witnesses - and ability to cross-examine witnesses, Town Clerk to swear in witnesses) 3.Building Officials presentation (same with witnesses) 4.Public comments 5.Board of Appeals deliberation (BOA may convene in executive session for legal advice if desired) 6.Board of Appeals decision REVIEW CONSIDERATIONS: Section 15.06.020 Limitations on Authority of the Avon Municipal Code sets forth the required considerations and findings for the appeal. Specifically, the Board of Appeals must find at least one of the following reasons exist to grant the appeal: (1) a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted; (2) the provisions of this Code do not fully apply; or, (3) an equally good or better form of construction is proposed. Provided that the Board of Adjustments makes a decision based on one of the reasons stated in Section 15.06.020, the Board of Adjustments has broad discretion to act on the appeal as well as impose conditions, timeframes and deadlines on any decision to approve the appeal. LEGAL PRECEDENCE: Approval of the appeal has some potential to create a legal precedence, which is a general consideration for all Council decisions in which they exercise discretion for an individual application, such as liquor licenses, variances, conditional use permits, etc. Essentially, if a future application with (1) the exact same factual circumstances makes (2) the exact same request and (3) the Town has not enacted new regulations and (4) if conditions have not changed, then a hypothetical future applicant/appellant may have a claim that a legal precedence has been established. My recommendation to the Board of Appeals is to document the specific facts of the appeals application in detail so that any precedence that is created is narrowed to the specific facts considered by the Council (in this case Council acting as the Board of Appeals). I will have a DRAFT Findings of Fact and Record of Decision for the hearing and I will be ready to revise the Findings of Fact and Record of Decision as determined by the Board of Appeals. M EMORANDUM& PLANNING, LLC Avon Town Council acting as Board of Appeals Appeal re: 5705 Wildridge Road East August 4, 2017 Page 2 of 2 TIMELY FILING OF APPEAL: Lastly, it is my opinion that the Board of Appeals may interpret the appeal as appealing the decision of the Building Official on April 20, 2017 to grant an extension of the original Temporary Certificate of Occupancy to July 27, 2017. The Board of Appeals may find that the appeal was not timely filed and deny the appeal on that basis. It is also my opinion that the Board of Appeals may find that due to circumstance stated by the Appellant that the Board of Appeals may consider and rule upon this appeal. DENIAL OF APPEAL: If the Board of Adjustments denies the appeal, then Town staff would proceed to use the performance bond to complete the remaining work as soon as possible. In the alternative, Town staff has discretion to consider and approve a “compliance agreement” with the property owner if such compliance agreement has enforceable provisions and guarantees that would result in completion of the work as fast as the Town could complete the work by collecting on the performance bond. Town staff would also proceed with a Notice of Violation under Section 15.04.10(b) of the Avon Municipal Code. Chapter 15.06 of the Avon Municipal Code is re-printed as follows: CHAPTER 15.06 - Board of Appeals 15.06.010 - Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board. 15.06.020 - Limitations on authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this Code. 15.06.030 - Limitation of liability. Any member of the Town Council, acting in good faith and without malice for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties shall be defended by the Town until final termination of the proceedings. Thank you, Eric BUILDING OFFICIAL REPORT To: Avon Board of Appeals From: Elizabeth Pierce-Durance on behalf of Chief Building Official William Gray Meeting Date: August 8, 2017 Agenda Topic: 5705 Wildridge Road East ACTION BEFORE AVON BOARD OF APPEALS Appeal by Cathleen A. Conroy Family Trust (“the Property Owner”) of a decision issued by Chief Building Official William Gray (“Gray”) on June 22, 2017 that the property owner would be in violation of AMC Section 15.08.070 if site improvements were not completed by the expiration of the Temporary Certificate of Occupancy (“TCO”) on July 27, 2017. Appeal was made by way of a letter plus attachments, dated and delivered to the Town of Avon on July 12, 2017 (“the Appeal Letter”). AMC Section 15.06.010 states that “a person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. ... An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision, or determination being appealed ... .” The Property Owner appears to appeal Gray’s “decision” predicting violation if improvements were not completed by July 27, 2017, and asks that the Board of Appeals permit the Property Owner to avoid violation by extending the existing TCO or issuing a new one. PROPOSED MOTION I move the Board of Appeals to deny the appeal and allow the Building Department to review the subject property for violations consistent with the Building Code; and to decline to either extend the existing TCO or grant a new one. SUMMARY On June 22, 2017, Chief Building Official William Gray addressed a letter to Cathy Conroy, a representative of the Property Owner, informing her that it appeared the building project would not be completed by expiration of the TCO, which failure to complete would put the property in violation of AMC Section 15.08.170. Gray did not at that time issue a Notice of Violation as the TCO had not yet expired; however, he did indicate that a violation would issue if the project were not completed per the approved plans. This was not an incorrect interpretation of the Municipal Code or rules adopted thereunder. Minervini Minor PUD Amendment – Resolution 2016-12 Gray also informed the Property Owner that, as the TCO had been extended once, it could not be extended a second time, pursuant to AMC 15.10.180. The original TCO issued on January 27, 2017. The Property Owner filed a written request for extension by letter dated April 18, 2017. That extension was granted by letter dated April 20, 2017, which letter clearly identified the expiration date as July 27, 2017. To the extent the Property Owner is challenging Gray’s “decision” to assert the pending expiration of the TCO, the appeal must fail as Gray has not thereby incorrectly interpreted the Code or its rules. The Code does not give Gray discretion as to when a TCO expires. It is limited to 90 days, with the possibility of one 90-day extension only. Gray’s reference to the timeframe dictated by the TCO rules is also not an incorrect interpretation of the Code or rules adopted thereunder. ATTACHMENTS Exhibit A: July 12, 2017 Appeal Letter plus attachments Exhibit B: June 22, 2017 letter from William Gray to Cathy Conroy, RE: TCO Status for Permit RBP #15012 Exhibit C: Original TCO, dated January 27, 2017. Exhibit D: April 18, 2017 Property Owner letter requesting TCO extension Exhibit E: April 20, 2017 Gray letter granting TCO extension Exhibit A Exhibit B Appeal of RBP#15012 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: August 8, 2017 Meeting Agenda Topic: Public Hearing on Appeal of Permit RBP#15012 – 5702 Wildridge Road East SUMMARY Before Council is the appeal of a decision by the Building Official with respect to a building permit for a single-family home in the Wildridge Subdivision. Once an appeal was received by the Town Clerk, the planning and building permit files (Exhibit A) and all email correspondence (Exhibit B) was provided to the appellant for review. Attached to this memorandum is the same information provided so that Council is afforded the exact same information as both parties. 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Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A IRREVOCABLE STANDBY LETTER OF CREDIT Date of Issue: JANUARY 25, 2017 Amount: $88,000.00 Number: 4760593033 Expiration Date: JANUARY 25, 2018 APPLICANT: CATHLEEN A. CONROY FAMILY TRUST AND CATHLEEN A. CONROY BENEFICIARY: THE TOWN OF AVON PURPOSE: INSURE THE PAVING OF A DRIVEWAY LOCATED AT 5705 WILDRIDGE ROAD EAST, AVON, CO 81620 To Whom It May Concern: We hereby establish in Beneficiary’s favor, at the request and for the benefit of Applicant, our Irrevocable Standby Letter of Credit in an amount not to exceed $88,000.00 (U.S. $88,000.00). The purpose of this letter is to secure the performance of and the compliance with, the agreement by and between Applicant and Beneficiary. Beneficiary shall promptly notify Bank when a default or event of default of said agreement occurs. Your notification shall include any notice or order required to be sent to Applicant pursuant to the agreement. Notice shall be by telephone and in writing to: Alpine Bank AVON Attention: BRIAN NESTOR PO BOX 7330 AVON, CO 81620 970-949-3333 We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of Credit if duly presented to a loan officer at 10 WEST BEAVER CREEK BLVD. AVON, CO 81620, during normal business hours on or before the expiration date. Partial drawings are permitted. This Letter of Credit is not transferable. The conditions for payment of any draft drawn against this Letter of Credit are as follows: 1. Receipt by Bank of Beneficiary’s manually signed statement by an authorized signatory certifying that Applicant has failed to perform with, or comply in accordance with, the provisions of said agreement by and between Applicant and Beneficiary, and stating the dollar amount of the default. 2. Presentation of the original Letter of Credit to Bank, endorsed on the reverse side with the words: “Drawn by THE TOWN OF AVON in the amount of requested then manually signed by an authorized signatory. This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the State of Colorado on the date of issue. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by any document, instrument or agreement referred to herein, or in which this credit is referred to, or to which this credit Exhibit A relates; and no such reference shall be deemed to incorporate herein by reference any such document, instrument or agreement. ALPINE BANK AVON By:_____________________________________ BRIAN NESTOR, SENIOR VICE PRESIDENT Exhibit A COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION – CASE #MNR17001 PROPERTY LOCATION: Lot 79, Block 4, Wildridge Subdivision ADDRESS: 5705 Wildridge Road East PROPERTY OWNER: Cathleen A Conroy Family Trust 960 Sweet Grass Circle Aurora, OH 44202 SUMMARY: Applicant proposes to add concrete pavers with a 4” granular fill to the driveway as indicated on plans dated November 25, 2016. AVON MUNICIPAL CODE REVIEW STANDARDS: ≠§7.16.080 – Development Plan ≠§7.16.090 – Design Review ≠§7.28.020 – Parking and Loading STAFF DECISION: Approved. FINDING: ≠The modifications are consistent with §7.16.090 – Design Review and the Town Engineer has approved the surfacing of the driveway. CONDITIONS: ≠All modifications to retaining walls, grading, etc. must be reviewed in the field and approved by the Public Works Director and Town Engineer. ≠Final Certificate of Occupancy may be issued once driveway and all exterior improvements are constructed and inspected. DATE: January 24, 2017 By: David McWilliams, Town Planner Exhibit A X 12-12-2016 (CHANGE OF DRIVEWAY MATERIAL) Exhibit A TOWN OF AVON RECVD BY: TOWN OF AVON 05000002642 PAYOR: CATHLEEN CONROY TODAY’S DATE: 01/19/17 REGISTER DATE: 01/19/17 TIME: 10:08 DESCRIPTION AMOUNT DEV PLAN $75.00 CUST ID: MNR17001 ---------------- TOTAL DUE: $75.00 TENDERED: $75.00 CHANGE: $.00 CHECK : $75.00 REF NUM: 1187 Exhibit A From: Jeff Manley [mailto:jeff@martinmanleyarchitects.com] Sent: Wednesday, January 18, 2017 1:52 PM To: Matt Pielsticker Cc: 'Todd Nathan'; 'Cathy Conroy'; 'Dave Dantas' Subject: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road 0DWW $WWDFKHGWRWKLVHPDLOLVWKHDSSOLFDWLRQIRUFKDQJHWRDSSURYHG3DQG=:HDUHSURSRVLQJWKDW WKHGULYHVXUIDFHEHFKDQJHGWRD%HOJDUG3DYHU,KDYHOHIWWKDWILUVW¶RIWKHGULYHDV DVSKDOW7KH3URSRVHGFRORULV7RVFDQD KWWSZZZEHOJDUGFRPSURGXFWVSDYHUVXUEDQDBVWRQH 8UEDQD6WRQH VFKLVHOHGWH[WXUHVDQGFRQWRXUVFRPELQHZLWKLWVUDQGRPVKDSHVDQGSDWWHUQVWR 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'DWH &216750$1$*(0(17Exhibit A From:Cathy Conroy To:Matt Pielsticker; William Gray Cc:"Todd Nathan" Subject:5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Date:Friday, June 30, 2017 5:01:00 PM Attachments:minor_development_plan_5705wildridgeroad_e.pdf Revised Plans for Landscaping - Revision 2.pdf Revised Landscaping Narrative.pdf landscaping Spreadsheet.pdf Matt and Willy, Please see attached: 1.) Completed Land Development Application (Minor Development Plan) for the revisions to the Landscaping Plan 2.) Revised landscaping drawing for 5705 Wildridge Road E 3.) Narrative summary of changes from original drawing, that was reviewed and approved in 2015, before we even started construction 4.) Spreadsheet support for #3 above Please let me know if you have any questions. We are working toward getting this work completed prior to July 27, 2017. Cathy Conroy Exhibit B From:William Gray To:Matt Pielsticker Subject:Driveway 5705 Wildridge Road E. Date:Thursday, September 15, 2016 9:14:31 AM From: Cathy Conroy Sent: Tuesday, August 02, 2016 3:29 PMTo: 'Todd Nathan'; 'Dave Dantas'Cc: Matt Pielsticker; William GraySubject: Driveway - 5705 Wildridge Road E I spoke with both Willy Gray and Matt Pielsticker via phone today regarding the driveway. I explained our interest in getting an experience of a full winter (while living in the house) to determine where the ice forms and where the settling is occurring - before going to the expense of putting in the driveway. I also explained our plan to use pavers, not asphalt, as outlined in the plans that were submitted and approved. They explained to me that they have a few concerns: a)They want to make sure we are not tracking mud out of the driveway to the road b)The TCO is usually only good for 6 months after its issued (although it can be extended) c)They want to make sure that road base is sufficient for fire purposes d)They want to assure that leaving it as road base does not cause worse problems e)The believe the winter of 2016-2017 should be sufficient to assess the driveway issues. Where we left it, is as follows: ·We will consult with a soil engineer to see what they recommend. Their answer should help address concerns related to both c) and d). Also, we all agreed their recommendations should shed some light on e) above. ·Somewhere in this discussion, it was mentioned that there is Town of Avon code that requires asphalt for the first 10 feet of the driveway, so that the snowplows for the road can plow without causing problems with pavers, etc. That would help address a) - above Following soil engineer feedback, we will all review and determine how to proceed. Lastly, since we have determined that we will be doing pavers, it probably makes sense to submit the paperwork to the Town of Avon to change the materials on the approved plans. Let me know if you have any questions. Dave, can you please recommend a soil engineer for me to contact? Cathy I sent this reply on 8/3/2016 9:22 AM Subject Driveway at 5705 Wildridge Rd. East Cathy, Thank you for the quick response, let me address your points to confirm; a.Correct, The Town of Avon does not want mud, gravel or dirt to be tracked on Wildridge Rd. Exhibit B East. b.Need to clarify this, because the driveway will not be finished, all the building department can issue is a Temporary Certificate of Occupancy, if you are using a bank this may not be enough to close, you should check on this. The TCO is good for six months but can be extended for another six months if requested in writing. c.Correct, The Town of Avon and the Fire District require that a firm base is installed for emergency vehicles d.Correct, The Town of Avon will need to have verification from your soils engineer that leaving the sub base exposed to the elements will not do more harm than with a final covering on it. e.Correct, The Town of Avon believes that the winter and spring of 2016 and 2017 should be sufficient to determine the possible problems that will need to be addressed such as settlement and to what extent the snow melt will need to cover. f.New, an application and fee to change the approved asphalt to pavers will be necessary, this can be done on a staff level. g.New, The first 10 feet of the driveway from the edge of the road asphalt is required to be in asphalt. Exhibit B From:William Gray To:Matt Pielsticker Subject:FW: 5705 Wildridge Rd Date:Wednesday, June 14, 2017 8:09:29 AM From: Cathy Conroy Sent: Tuesday, June 13, 2017 9:56 AMTo: William GraySubject: RE: 5705 Wildridge Rd I just got back into town on Sunday am. I am here this week. Lots of things getting teed up. Leaving Monday am. Let me know what works for you. We will make our best effort to be available From: William Gray [mailto:wgray@avon.org] Sent: Tuesday, June 13, 2017 11:22 AM To: Subject: 5705 Wildridge Rd Cathy, it looks like you are not going to meet the July 27th dead line for the TCO extension. What we would like to do is, to meet on site and go over items of concern and see how to proceed with your project. Please let me know when would be the best time to meet, the sooner the better. Exhibit B From:William Gray To:Matt Pielsticker Subject:FW: Letter of Credit Date:Friday, June 16, 2017 8:51:33 AM Attachments:image001.png I FOUND THIS WHILE LOOKING FOR OTHER ITEMS ABOUT CONROY, DID WE EVER GET THIS. From: Cathy Conroy [ Sent: Friday, January 27, 2017 11:37 AMTo: Matt Pielsticker; William GrayCc: 'Dave Dantas'; 'Paul Clements'; 'Todd Nathan' Subject: RE: Letter of Credit Matt, I signed all the paperwork with the bank this morning. Brian Nestor, from Alpine Bank was not in when I was at the branch. Once he arrived, my understanding is that he was planning to sign the document that I sent to you yesterday and then have the signed copy dropped off for you, at the Town of Avon. I believe that should complete the tasks for the letter of credit required for the TCO. Please let me know if there are any questions. Cathy Conroy From: Matt Pielsticker [mailto:mpielsticker@avon.org] Sent: Thursday, January 26, 2017 12:53 PM To: Cathy Conroy < >; William Gray <wgray@avon.org> Cc: 'Dave Dantas' < >; 'Paul Clements' < >; 'Todd Nathan' < > Subject: RE: Letter of Credit Thank you Cathy If there are no other incomplete exterior improvements, this is acceptable to the Town. Matt From: Cathy Conroy [ ] Sent: Thursday, January 26, 2017 10:08 AM To: Matt Pielsticker; William GrayCc: 'Dave Dantas'; 'Paul Clements'; 'Todd Nathan' Subject: FW: Letter of Credit Matt and Willy Please see attached, draft letter of credit from Alpine Bank, that will be needed for TCO of 5705 Wildridge Road E. The amount was based on bids received for the driveway and remaining landscaping plus 25%, per your requirements. The landscaping bid was $22,347 and the driveway bid was $48,000, for a total of $70,347. If you desire copies of the bids, I will forward them to you Exhibit B both. Please review and let me know if this is acceptable to you. If so, I will get these documents executed with the bank, so that we can move forward with the TCO. Thank you, Cathy Conroy 5705 Wildridge Road E 216 272 3325 From: Brian Nestor [ ] Sent: Thursday, January 26, 2017 11:48 AM To: 'Cathy Conroy' < > Cc: Christina Person < > Subject: Letter of Credit Cathy, Here is a draft copy of the Letter of Credit. I will have Christina Person send you over the rest of the documents to finalize everything when they are complete. It should be later today or tomorrow. Please let me know if you have any questions about the letter of credit information. Thanks, NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If thereader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictlyprohibited. If you have received this message in error, please notify the sender immediately and delete this message and all copies and backups thereof. Thank you. Exhibit B From:Virginia Egger To:Matt Pielsticker; David McWilliams; William Gray Subject:FW: TCO Status for Permit RBP #15012, 5705 Wildridge Road East Date:Wednesday, July 05, 2017 8:31:31 AM Attachments:L79 B4 WR TCO Letter 062217.pdf 5705 WR RD Public Comments.pdf FYI – See Eric’s email to neighbors and notice to Council of the same. Best regards,Virginia ________________________________________ Virginia C. Egger, Town Manager 970.748.4452 (D) | 970.331.1439 (C) | 970.748.4000 (O) www.avon.org Begin forwarded message: From: Eric Heil < >Subject: TCO Status for Permit RBP #15012, 5705 Wildridge Road EastDate: July 3, 2017 at 9:36:03 AM MDTTo: Jennie Fancher < >, Sarah Smith Hymes <s >, Megan Burch < >, Matt Gennett < >, Amy Phillips < >, Scott Prince <s >, Jake Wolf < > Cc: Dear Council members, I am sending this message in regards to the status of the TemporaryCertificate of Occupancy for Permit RBP #15012, located at 5705 Wildridge Road East. Attached to this message is the correspondence from the Avon Community DevelopmentDepartment to the property owner and a series of public comments that the Town has received. Administration of building permits is an administrative matter and it is generally notappropriate for Council to be involved with a specific building permit. Avon’s Building Official issued a letter dated June 22, 2017 stating that pursuant to the InternationalResidential Building Code adopted by the Town of Avon, there is no discretion by the Building Department to extend a Temporary Certificate of Occupancy past July 27, 2017. The June 22, 2017 letter by Avon’s Building Official explains that a property owner has the right to appeal the decision of the Building Official to the Board of Appeals. The AvonTown Council is appointed to serve as the Board of Appeals under the building codes adopted by the Town. Should an appeal be filed, the Avon Town Council, as the Board of Appeals, would reviewthe appeal in a quasi-judicial capacity. As with other quasi-judicial matters, Council members are advised to refrain from Ex Parte communication, meaning any communicationwith the property owner, neighbors, or other interested parties concerning this matter. At a Exhibit B quasi-judicial hearing, Council members would be required to disclose any Ex Partecommunications if they occurred. It is important for Council members to remain neutral and unbiased and to consider any relevant evidence and testimony at a public hearing beforemaking any decision in order to avoid legal challenges to a quasi-judicial proceeding. Please contact me directly if you have any questions regarding this message. I have copied parties who have submitted comments as well as the property owners in this matter. Best regards,Eric Avon Town Attorney Eric J. Heil, Esq. A.I.C.P. Dir 970.468.0635 Cel 303.518.4678ericheillaw@gmail.com This communication may contain confidential attorney-client privileged information. Unauthorized receipt or use of this communication is not permitted. If you havereceived this message in error, please delete the message and any attachments and contact Heil Law & Planning, LLC immediately. Exhibit B From:William Gray To:Matt Pielsticker Subject:FW: the request letter for TCO extension Date:Tuesday, April 18, 2017 4:12:56 PM Attachments:TCO EXtension.pdf I can extend it if it is ok, I will put the reply on letter head and have you review. From: Todd Nathan [ Sent: Tuesday, April 18, 2017 9:23 AMTo: William Gray; Cathy ConroySubject: RE: the request letter for TCO extension Willy, thanks again! Have a great Springtime. Cheers, TN Exhibit B From:Cathy Conroy To:David McWilliams; "Todd Nathan"; Matt Pielsticker Cc:William Gray Subject:RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Date:Monday, July 17, 2017 12:12:17 PM Thank you for your prompt attention to this matter. From: David McWilliams [mailto:cmcwilliams@avon.org] Sent: Monday, July 17, 2017 1:46 PM To: Cathy Conroy <c >; 'Todd Nathan' <t >; Matt Pielsticker <mpielsticker@avon.org> Cc: William Gray <wgray@avon.org> Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Todd and Cathy, Attached is the approval. Note the condition of approval is that all landscaping will be installed by July 27, per code. Deviation from this (like planting trees in the fall instead of now) is supported by staff but will need to be discussed during the appeal process with Town Council. Best, David McWilliams Town Planner Town of Avon 970.748.4023 www.avon.org From: Cathy Conroy [ ] Sent: Sunday, July 16, 2017 8:04 PMTo: David McWilliams; 'Todd Nathan'; Matt PielstickerCc: William GraySubject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes David and Matt, Please see attached requested revisions to our Revised Landscaping Plan. Per your request, we have added a few trees with the intent to make sure that our plan, " Integrates building sites with natural topography and existing vegetation". We appreciate you sending the already approved Landscaping Plans from other properties. We especially appreciate you pointing out the Ferret Lane property as a great example of a recent approval that took existing mature vegetation into account Exhibit B with new development. Our review of that plan concludes that they added/ replaced 4 trees. After careful consideration, we believe that to be a good number of new trees for our property also. Also, David's advice regarding anchoring the driveway was helpful in considering this revision. This revision adds two trees around the driveway, as David suggested; We also have added two additional trees as noted on the attached drawing. We have spent considerable time discussing this and we both believe that they are properly feathered to the house, as David suggested. Location #1, Driveway area: 1x 10' Evergreen Tree 1x 8' Deciduous Tree Location #2, Backyard area: 1x 10' Deciduous Tree 1x 8' Evergreen Tree NOTE: species will be determined based on price, availability, condition and season purchased. Please review and approve this Revised Landscaping Plan, as we continue to work toward completion of this plan, before the TCO expires on July 27, 2017. Thank you, Cathy Conroy and Todd Nathan From: David McWilliams [mailto:cmcwilliams@avon.org] Sent: Friday, July 14, 2017 10:46 AM To: Todd Nathan < >; Matt Pielsticker <mpielsticker@avon.org> Cc: Cathy Conroy < >; William Gray <wgray@avon.org> Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Hi Todd, I am largely unable to mandate a specific number of trees and/or shrubs to achieve the intent of the code. My opinion is that some trees around the driveway entrance would anchor that feature, and perhaps some on the strategic points (not blocking your views, respectful of fire danger, etc.) to feather the house into the property would achieve this purpose statement. I hope this answers your question. David McWilliams Town Planner Town of Avon Exhibit B 970.748.4023 www.avon.org From: Todd Nathan [ ] Sent: Thursday, July 13, 2017 5:57 PMTo: David McWilliams; Matt PielstickerCc: Cathy Conroy; William GraySubject: Re: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes David, would you consider placement of 4 trees adequate to meet the "Integrates building sites with natural topography and existing vegetation"? Kind regards, TN From: Matt Pielsticker <mpielsticker@avon.org> To: Cathy Conroy < >; William Gray <wgray@avon.org> Cc: 'Todd Nathan' <t >; David McWilliams < > Sent: Thursday, July 13, 2017 5:13 PM Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Cathy Thank you for taking our call and discussing your landscape plan submittal. To reiterate, our concern with the landscape plan submitted to Community Development is the lack of trees. The recommendation is to add trees to the plan to better meet the intent of the landscape code, which includes “(1) Integrates building sites with natural topography and existing vegetation,” It is understood that there are a number of mature trees that are located on the edge of your property that were planted with previous construction project(s) and those can be taken into account. Attached are a couple recent examples that should be helpful for you in considering a modification to your submittal. The FERRET LANE plan is a great example of a recent approval that took existing mature vegetation into account with new development. This email also confirms that your application was found complete upon payment on July 5th. Please reach out if you have any questions. Matt Pielsticker, AICP Planning Director Town of Avon 970.748.4413 www.avon.org Exhibit B From: Cathy Conroy [mailto:cathy@conroy.com] Sent: Sunday, July 02, 2017 3:47 PM To: Matt Pielsticker; William Gray Cc: 'Todd Nathan'; David McWilliams Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Thanks, Matt. Will do. Cathy From: Matt Pielsticker [mailto:mpielsticker@avon.org] Sent: Saturday, July 1, 2017 5:14 PM To: Cathy Conroy < >; William Gray <wgray@avon.org> Cc: 'Todd Nathan' < >; David McWilliams <cmcwilliams@avon.org> Subject: RE: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Thank you Cathy I am not sure if my last email went through this morning, but the fee for this application is $75. Feel free to drop off payment (cash or check to ‘Town of Avon’) at Town Hall any time after July 5, 8am. Matt Matt Pielsticker, AICP Planning Director Town of Avon 970.748.4413 www.avon.org From: Cathy Conroy [ ] Sent: Friday, June 30, 2017 5:00 PM To: Matt Pielsticker; William Gray Cc: 'Todd Nathan' Subject: 5705 Wildridge Road E- Minor Development Plan for Landscaping Changes Matt and Willy, Please see attached: 1.) Completed Land Development Application (Minor Development Plan) for the revisions to the Landscaping Plan 2.) Revised landscaping drawing for 5705 Wildridge Road E 3.) Narrative summary of changes from original drawing, that was reviewed and approved in 2015, before we even started construction Exhibit B 4.) Spreadsheet support for #3 above Please let me know if you have any questions. We are working toward getting this work completed prior to July 27, 2017. Cathy Conroy Exhibit B From:Cathy Conroy To:Matt Pielsticker; "Dave Dantas"; William Gray Cc:"Todd Nathan" Subject:RE: 5705 Wildridge Road East Date:Sunday, September 25, 2016 5:17:39 PM Attachments:Stubbed Attachments.htm This message's contents have been archived by the Barracuda Message Archiver. To view the original message, clickhere. 16-7-299 (09-23-16) Driveway Grading.Signed.pdf (74.6K) image001.png (5.1K) Matt, After reviewing your comments below, we had further discussions with thesoils engineer. During this discussion, we all agreed that the letter dated9/8 did not clearly state their recommendation (vs feasibility) to delay thecompletion of the driveway until 2018. The soils engineer offered to re-write the letter and more strongly state his/ their recommendation andpreference for delaying. Please see attached. As you can see, he/ they recommend 2018 timing vs. 2017 and he/... Exhibit B From:Todd Nathan To:William Gray; Dave Dantas; Cathy Conroy; Matt Pielsticker Subject:Re: 5705 Wildridge Road E"s driveway, bonding it to completion, and a timeframe... Date:Monday, July 18, 2016 7:40:29 PM Good evening Willy and Dave, I'd be happy to figure out how to bond our driveway to completion after it settles (1-2 years) and get it done properly while avoiding unnecessary overhead (installation, and then remove, then reinstall) which can be avoided while meeting Fire District code requirements for load the entire time. Willy, would you meet with Dave D and myself sometime on Thur or Friday of this week? Kind regards! TN From: Dave Dantas <dave@dwdantas.com> To: Todd Nathan <t >; "Cathy Conroy ( )" < > Sent: Monday, July 18, 2016 6:07 AM Subject: RE: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe... Todd, I am available for the meeting. Thank you, Dave From: Todd Nathan [ ] Sent: Sunday, July 17, 2016 7:24 AM To: Cathy Conroy < ; William Gray <wgray@avon.org>; Dave Dantas < >; Matt Pielsticker <mpielsticker@avon.org> Subject: Re: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe... Thank you Cathy for forwarding the email to me. It seems I got cut out of the loop by Matt on the forwarding. Willy, please include me in all the emails and conversation, thank you! Regards, TN From: Cathy Conroy < > To: 'Todd Nathan' < > Sent: Sunday, July 17, 2016 7:15 AM Subject: FW: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe... From: Matt Pielsticker [mailto:mpielsticker@avon.org] Sent: Friday, July 15, 2016 1:14 PM Exhibit B To: William Gray <wgray@avon.org> Cc: Cathy Conroy < >; Dave Dantas < > Subject: FW: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe... From: Todd Nathan [ ] Sent: Friday, July 15, 2016 11:00 AM To: Dave Dantas; Matt Pielsticker; Cathy Conroy Subject: RE: 5705 Wildridge Road E's driveway, bonding it to completion, and a timeframe... Good morning Dave, Matt and I spoke on the phone this morning. Matt will be out of office next week. I wanted to sit down, yet he is swamped and heading to a meeting for the rest of the AM. Matt recalls your talk/request and said Willy was more about the asphalt requirement for a CO. I mentioned the fire code drawn up by Gail by request from me when I called her for clarity on Fire Code requirements on private residential property. That code I forwarded to you. In summary it speaks to the load bearing and not at all specific on the materials required or even amounts of any application. Matt said bonding may help solve the towns concerns about completion to permit. I think it most definitely does, as we are intent on finishing the driveway with pavers as we have planned. I hope Willy is open to talk about this issue more, and we can move forward to bond the driveway for completion and get the drive done properly after settling for a year or two, for us to not have to spend time and/or money on redoing it when it does settle (and we all know it will) and make the driveway look great and work as planned for safety reasons, as well as functionality. Dave and/or Matt, please forward my email to Willy so he is in this conversation. I'd like to sit down with both Dave and Willy ASAP to resolve this issue. Mon/Tues of next week I'm in Denver, but available later today and afternoon starting Wed through Friday. I'm confident an approach with bonding to guarantee completion will get the driveway done right, to code, and satisfy everyone's concerns for permitting, completion, and of course look and feel. Kind regards, Todd Nathan cc: Cathy Conroy Exhibit B From:Todd Nathan To:Elaine Wolf; Matt Pielsticker Cc:William Gray; Cathy Conroy; assessor@eaglecounty.us Subject:Re: about the Super Neighborhood specification on the Eagle County land record for Lot #79 Block #4... Date:Wednesday, March 22, 2017 9:17:19 AM Elaine, thank you for clarity, and your time! Regards, TN From: Elaine Wolf < s> To: Matt Pielsticker <mpielsticker@avon.org> Cc: Todd Nathan < >; William Gray <wgray@avon.org>; Cathy Conroy < >; "assessor@eaglecounty.us" <assessor@eaglecounty.us> Sent: Wednesday, March 22, 2017 8:59 AM Subject: Re: about the Super Neighborhood specification on the Eagle County land record for Lot #79 Block #4... Good morning - The Super Neighborhoods are created in the Assessor's Office for valuation purposes only. On Wed, Mar 22, 2017 at 8:48 AM, Matt Pielsticker <mpielsticker@avon.org> wrote: That information was created by the Eagle County Assessors department, and has no bearing on Wildridge’s governance, covenants, water, etc. I have copied the Assessor’s department and hopefully they can shed light on that designation for Wildridge. Matt From: Todd Nathan [mailto:t ] Sent: Tuesday, March 21, 2017 10:27 PM To: Matt Pielsticker; William Gray Cc: Cathy Conroy Subject: Q: about the Super Neighborhood specification on the Eagle County land record for Lot #79 Block #4... Good evening Matt and William, While looking at our online property records, and some of our neighbors to confirm, the online data at Eagle County shows Wildridge is subordinate to a "Super Neighborhood"... Defined online with Wikipedia as... "A super neighborhood is a geographically designated area where residents, civic organizations, institutions and businesses work together to identify, plan, and set priorities to address the needs and concerns of their community." What was the reason for this designation for Wildridge to be/come part of a bigger 'super neighborhood' of Eagle-Vail/Avon when the ToA seems to be the governing Exhibit B body and directive for both EV and Wildridge? Was this in part of the transfer of responsible covenant enforcement, and/or muni code/function (water/electric during development) or something else I have not imagined yet. Regards, TN Login Login -- Elaine Wolf Assessment Technician Supervisor Eagle County Assessor's Office p: 970-328-8648 f: 970-328-8679 elaine.wolf@eaglecounty.us Exhibit B From: To: Cc: Subject: Date: Charles McWilliams Todd Nathan; Cathy Conroy; ; Matt Pielsticker RE: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road Wednesday, February 01, 2017 9:33:01 AM Hi Todd, To clarify, the condition arose from a note in the lower right hand corner of the permit set (the last page of my attachment) that mentions a reduced amount of boulder retaining wall, and a note next to that saying the berming will need to be changed. These could have been old notes, but Town staff would still like to reserve the right to review the changes in the spring. Best, David McWilliams Town Planner Town of Avon 970.748.4023 www.avon.org From: Todd Nathan [ ] Sent: Tuesday, January 31, 2017 9:21 AMTo: ; Charles McWilliamsCc: Cathy Conroy; ; Matt PielstickerSubject: Re: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road Good morning Jeff, I'm not sure where any retaining wall materials or design changes may have been suggested or implied. As I recall we have requested and submitted change order for just the pavers. All the retaining walls are in place since excavation completion many moons ago. I also believe all that has been looked over by inspectors on site months ago and approved per the plans, and nobody has mentioned retaining wall changes be needed, or desiree. I have not speculated any changes needed, we are happy with all retaining walls and locations at this time. Regards, TN From: Charles McWilliams <cmcwilliams@avon.org> To: " " < > Cc: Todd Nathan < >; Cathy Conroy < >; Exhibit B "d " < >; Matt Pielsticker <mpielsticker@avon.org> Sent: Tuesday, January 31, 2017 8:55 AM Subject: RE: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road Hi Jeff, Attached is the approval for the change in materials to the driveway. Please note that this approval does not for approve changes to the retaining wall. Changes can be reviewed in the spring by the Town Engineer. Best, David McWilliams Town Planner Town of Avon 970.748.4023 www.avon.org From: Jeff Manley [ ] Sent: Wednesday, January 18, 2017 1:52 PM To: Matt Pielsticker Cc: 'Todd Nathan'; 'Cathy Conroy'; 'Dave Dantas' Subject: change to Driveway Pavers for the drive at Conroy, 5705 Wildridge Road Matt, Attached to this e-mail is the application for change to approved P and Z. We are proposing that the drive surface be changed to a Belgard Paver. I have left that first 10’ of the drive as asphalt. The Proposed color is Toscana. http://www.belgard.com/products/pavers/urbana_stone Urbana® Stone's chiseled textures and contours combine with its random shapes and patternsto recall the look and feel of vintage cut stone. Urbana is offered in a versatile, three-piece modular system. Toscana Exhibit B If you need a fee for this application, I will have you contact Todd Nathan at t . He will get with you for payment. Thank you, Jeffrey P Manley AIA Exhibit B From:Matt Pielsticker To:Dave Dantas Subject:RE: Conroy Dirveway Date:Monday, August 01, 2016 9:59:24 AM ________________________________________ From: Dave Dantas [ ] Sent: Monday, August 01, 2016 7:30 AM To: William Gray Cc: Matt PielstickerSubject: RE: Conroy Dirveway Willy, Matt, Is it ok to make Item 4 2018. Thank you, Dave From: William Gray [mailto:wgray@avon.org] Sent: Wednesday, July 27, 2016 8:21 AM To: Dave Dantas < > Cc: Matt Pielsticker <mpielsticker@avon.org> Subject: RE: Conroy Dirveway Item 4 needs to be 2017 not 2018 From: Dave Dantas [ ] Sent: Wednesday, July 27, 2016 5:51 AM To: Matt Pielsticker; William GrayCc: Cathy Conroy ( < >); Todd Nathan Subject: RE: Conroy Dirveway Matt, We would like to change these conditions: 2.Gravel on first 20 feet of driveway and road base on the rest4.owner to finish final paving in 2018 ( a Minor Development plan will be submitted tochange from asphalt to pavers) 7.Installation of driveway heat tubing to be covered by 2015 Building permit and in Surety for driveway heat and paving. Regards, Dave DantasDW Dantas Constructiond < > 970 376 6111 PO Box 2322, 4791 Wildridge Road EastAvon, CO 81620 From: Matt Pielsticker [mailto:mpielsticker@avon.org] Sent: Monday, July 25, 2016 6:06 PM Exhibit B To: Dave Dantas <dave@dwdantas.com< >>; William Gray <wgray@avon.org<mailto:wgray@avon.org>> Cc: Cathy Conroy (cathy@conroy.com< >)<cathy@conroy.com< >>; Todd Nathan <todd.nathan@yahoo.com< >> Subject: RE: Conroy Dirveway Dave, The Town can agree to your stated approach, and issuance of a Temporary Certificate of Occupancy.subject to the following: 1.Soils compaction report will be submitted to the Town for the interim driveway design to demonstrate that it will hold emergency vehicles; the compaction percentage is up to the soils engineerbut should be 90% or better.2.The interim driveway will have gravel as a topping to prevent mud and dirt from getting into the street. 3.The agreed finished product will be asphalt as approved by the Planning and Zoning Commission.Alternate paving materials would need to be approved with Minor Development Plan application.4.The final asphalt should be installed no later than next year (2017) when the conditions are correct. 5.The owner will bear all labiality for any failures to the driveway and cleanup of Town Property.6.Surety in the form of cash or a letter of credit, will be provided for 125% of estimate to pave thedriveway. Matt Matt Pielsticker, AICP Planning Director Town of Avon970.748.4413www.avon.org<http://www.avon.org/> [AVON_Logo 3 Colors 1]<http://www.avon.org/> From: Dave Dantas [m ] Sent: Saturday, July 23, 2016 3:23 PM To: William Gray; Matt PielstickerCc: Cathy Conroy ( < >); Todd Nathan Subject: Conroy Dirveway Willy, Matt, On the Conroy project there is a large backfill on the front of the home. We would like to postpone the final finish of the driveway and the installation of the heated driveway lines. The drive finish and Wirsbo piping is being delayed to let settlement occur. We received the Building Permit in September of 2015. The plan has been to have a heated driveway with a hard surface . The driveway heat and final finish should be done under the existing building permit. In order to get a Temporary Certificate of Occupancy we would like to install gravel or roadbase on the driveway to satisfy Fire District and Town requirements. A bond, letter of credit or cashguarantee would be provided to the Town of Avon to cover the cost of the hard final finish on the driveway and the cost of the heat lines ( Wirsbo) in the driveway. Please confirm that this is the correct way to proceed. Regards, Dave DantasDW Dantas Construction LLCPO Box 2322, 4791 Wildridge Road Exhibit B From:Christina Person To:Brian Nestor; Matt Pielsticker Subject:RE: Conroy Letter of Credit Date:Friday, June 16, 2017 9:30:40 AMAttachments:imageeb6308.PNGLetter of Credit - Signed.pdf Hi Matt, Attached please see the executed letter of credit. Please let me know if you need anything else. Sincerely, Christina Christina Person Banking OfficerTel: +19707485764P.O. Box 7330 | 10 West Beaver Creek Blvd. Avon, CO 81620 NMLS#1478825 From: Brian Nestor Sent: Friday, June 16, 2017 8:56 AM To: 'Matt Pielsticker' <mpielsticker@avon.org> Cc: Christina Person < m> Subject: RE: Conroy Letter of Credit Matt, We will work on this today. Thanks, Brian Nestor Senior Vice President - Branch Manager Tel: +19707485707 | Ext. 3611P.O. Box 7330 | 10 West Beaver Creek Blvd.Avon, CO 81620 NMLS#458859 From: Matt Pielsticker [mailto:mpielsticker@avon.org] Sent: Friday, June 16, 2017 8:55 AM To: Brian Nestor < > Subject: Conroy Letter of Credit Brian Happy Friday. Could you please send me the executed version of this LOC? We must have missed the final version for our files. Thank you, Matt Pielsticker, AICP Planning Director Town of Avon 970.748.4413 www.avon.org NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If thereader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments isstrictly prohibited. If you have received this message in error, please notify the sender immediately and delete this message and all copies and backups thereof. Thank you. Exhibit B From:Dave Dantas To:Matt Pielsticker; William Gray Subject:RE: Conroy Residence 5705 Wildridge Road East Date:Sunday, July 10, 2016 8:44:51 PM Matt, Willy, Please send a pdf or link to the new code on Snow melt. Also when was the code approved. Thank you, Dave From: Matt Pielsticker [mailto:mpielsticker@avon.org] Sent: Thursday, July 07, 2016 9:43 AM To: Dave Dantas < >; William Gray <wgray@avon.org> Subject: RE: Conroy Residence 5705 Wildridge Road East Dave There needs to be at least 1 layer of asphalt for fire safety requirements. Matt From: Dave Dantas [ ] Sent: Wednesday, July 06, 2016 5:15 AMTo: Matt Pielsticker; William GraySubject: Conroy Residence 5705 Wildridge Road East Matt, We would like to wait one or two years to do the paving at the Conroy Residence. It is a large fill and we are concerned about settling. Is there a way to achieve this with road base or gravel and the Town have security for the final asphalt? Please let me know as soon as possible. Regards, Dave Dantas DW Dantas Construction LLC PO Box 2322, 4791 Wildridge Road Avon, Co 81620 Exhibit B From:Todd Nathan To:William Gray Cc:Matt Pielsticker; Justin Hildreth; Cathy Conroy; Jeff Shepard Subject:Re: for clarity on a 2500-3250 riser (manway) in ground water tank install at 5705 as landscaping issue only... Date:Monday, August 08, 2016 2:17:31 PM Attachments:Stubbed Attachments.htm This message's contents have been archived by the Barracuda Message Archiver. To view the original message, clickhere. 5705 Site Plan with Cistern Location in Yellow.pdf (836.6K) Good day Willy (et al.), Provided is the requested site plan with underground cistern area shaded inyellow for ToA planning department records. The dimension of the item isestimated but close in the drawing. Location is where it will generally beplaced. I suspect within a few feet of exact. Conditions may warrant on siteadjustment, but not expected to be anywhere else in general. I'm going to move forward with purchase and installation unless otherwisedirected. Thank you, TN... Exhibit B From:Todd Nathan To:Charles McWilliams; William Gray Cc:Cathy Conroy Subject:Re: for clarity on ToA and State Electrical regarding dark sky compliance verification on our external sconce selection... Date:Tuesday, November 22, 2016 10:49:53 AM Attachments:image002.png For clarity on this topic of making a stink, it was stated in the context that if people around me didn't like my lights selection or complained about them once approved. The 'stink' I would make had nothing to do with an approval process, or a threat or anything like that at all towards the ToA or its enforcement. I stated clearly I was pleased a 'friendly reminder' note was being sent out to folks that are clearly in violation. Regards, TN From: Charles McWilliams <cmcwilliams@avon.org> To: Todd Nathan < >; William Gray <wgray@avon.org> Cc: Cathy Conroy < > Sent: Tuesday, November 22, 2016 9:47 AM Subject: RE: for clarity on ToA and State Electrical regarding dark sky compliance verification on our external sconce selection... Willey answered re the inspection and left the ball in my court. Like you and I discussed, it seems like it meets the intent, but I would like to have a way to verify before install. I’m comfortable letting him know this if you agree. Also, Todd complained about all the neighbors’ light pollution, and hinted that he might make a stink if his approval process was difficult while the neighbors are in violation. From: Todd Nathan [ ] Sent: Monday, November 21, 2016 5:36 PM To: Charles McWilliams; William Gray Cc: Cathy Conroy Subject: REQ: for clarity on ToA and State Electrical regarding dark sky compliance verification on our external sconce selection... David, or is it Charles... Its my understanding Brian has moved on and you are the ToA planner as of 10 months ago. I have dealt with Brian in the past, you were mentioned as contact for Dark Sky Compliant issues via William Gray, or our friend Willy. - Please verify the bulb and fixture selection will meet the needs of ToA, we'd like this confirmation by Tues afternoon if possible, or Wed at the latest. The fixtures we are considering seriously are on sale this Black Friday only, and that means to us a significant amount of savings. Thank you. - William, please provide to me the electrical state inspector's name and contact info (number preferred) who will inspect our external lighting sconces. We'd like to touch base on Tues to start a dialog like we are with ToA on compliance. Bulb Selection (7 watt LED, ~40 watt equivalent, 40 deg light range, 2700K [standard Exhibit B incandescent band]), etc. Fixture, the only one we have found we like, and it can be made to be compliant via the bulb selection which makes the down pointing fixture of any kind compliant (emitters no visible at 90 degs from plumb at the height of the emitters). Please note the bulb in the fixture photos is not the bulb we are going to be using. The bulb we are going to use is dark sky compliant. Thank you both very much for your time, and sense of urgency on this issue. We are trying to understand, which we feel we do now, and deal with the requirements of DSC both at ToA and our inspector. Regards, and happy holidays too! TN https://www.amazon.com/gp/product/B00R5O2T44/ref=oh_aui_detailpage_o00_s00? ie=UTF8&psc=1 7 watt 120 volt PAR16 Medium Screw Base 2700K Dimmable Flood LED 7 watt 120 volt PAR16 Medium Screw Base 2700K Dimmable Flood LED 7 watt - 120 volt - PAR16 - Medium Screw (E26) Base - 2,700K - Dimmable - Elite - Reflector Flood | TCP LED Ligh... Exhibit B From:Todd Nathan To:Brian Garner; William Gray; Matt Pielsticker Cc:Cathy Conroy Subject:RE: last round of input, the 5705 DSC bulbs (7 watt, 40 watt eqiv., 40 degs, 2700K), DSC shade, RFC... Date:Saturday, December 03, 2016 7:09:44 PM Attachments:Stubbed Attachments.htm This message's contents have been archived by the Barracuda Message Archiver. DSC06216.JPG (2.4M) DSC06217.JPG (2.4M) DSC06218.JPG (2.6M) Guys, good evening. This is what the final products look like (see photo attachments). Two sizes shown, three angle configurations (~30 above), parallel to cup opening, ~30 degs below). After much consideration, far too much, and time, far too much, and the love of God, this is what we will be installing at 5705 and it looks to be clearly DSC compliant and ToA compliant. The 7 watt, 40 watt equivalent LED flat 40 deg bulbs point down, and are deep set into the DSC compliant shade/cup. THe lights are 2700K or about that of incandescent, as well they are 40 degs spread, or 20 from plumb line pointing down. This is a long lasting, low heat, low light emitting E26 (mid sized) socket product with lens. Its as best as we could find after hours talking to different professional and commercial installation and suppliers. Many options were considered, this is the one we choose for price, hotness, color of light, ease of use, longevity. Unless the ToA has objections that are timely and founded, we'll move forward with this configuration and consider the topic now closed. Thank you for reviewing and giving prompt feedback. Cheers, TN Exhibit B From:Todd Nathan To:Gary Padilla; Cathy Conroy Cc:Matt Pielsticker; William Gray Subject:Re: no spray of any kind on 5705 wildridge road east.... Date:Monday, June 26, 2017 5:25:19 PM Good afternoon Gary, Yes, I will mitigate the noxious weeds in all easements on our land, in particular to your question the one 10 foot frontage to the roadway. Tx. TN Cheers. From: Gary Padilla <GPadilla@avon.org> To: Todd Nathan < >; Cathy Conroy < > Cc: Matt Pielsticker <mpielsticker@avon.org>; William Gray <wgray@avon.org> Sent: Monday, June 26, 2017 1:30 PM Subject: RE: no spray of any kind on 5705 wildridge road east.... Todd, To confirm, you will be taking care of the noxious weeds from your property line to the roadway. Typically the Town maintains ten feet from edge of asphalt for noxious weeds, etc. Let me know. Thank you, Gary From: Todd Nathan [ Sent: Monday, June 26, 2017 10:33 AM To: Gary Padilla; Cathy Conroy Cc: Matt Pielsticker; William Gray Subject: RE: no spray of any kind on 5705 wildridge road east.... Good morning Gary, Per Matt's email and cc:ed to you... This is a follow up to my request for no spray on our property, 5705 (lot 79, block 4) in Wildridge, Avon, CO I met up by chance in the AM last week with the contractor and his driver on the descent of wildridge road east to the 4 way. I requested he stop for a min, and I inspected the concentrate bottle. He was polite, cautious at first, and ultimately very helpful with my request and direction to not spray 5705 (lot 79, block 4) in wildridge east. To be clear, we forbid any spraying of any materials at any time without our written permission, at all on our property, and on the easements of our property. I will take care of physical mitigation as an on going practice to remove noxious weeds identified by the State of CO. Please inform your current, and any subsequent contractors of our directive. Thank you for your prompt attention and disbursement of this information. Kind regards. Exhibit B From:Todd Nathan To:Matt Pielsticker; Cathy Conroy Subject:REQ: for 5105 address change, form filled out and returned Date:Tuesday, May 12, 2015 10:32:13 AM Attachments:Stubbed Attachments.htm This message's contents have been archived by the Barracuda Message Archiver. 5105 to 5705 Wildridge Rd E. - Request Address Change.pdf (141.7K) Good morning Matt, attached is a PDF digitally completed and signed authorizing our address to be changed for Lot 79, Block 4 from situs 5105 to 5705. Please proceed. TN From: Matt Pielsticker <mpielsticker@avon.org> To: "todd.nathan@yahoo.com" <todd.nathan@yahoo.com> Sent: Monday, May 11, 2015 2:04 PM Subject: Address Change Todd Please fill this out and send in. Matt Matt Pielsticker, AICP Planning Manager Town of Avon 970.748.4413 (D) | 970.949.5749 (F) www.avon.org Exhibit B From:Todd Nathan To:William Gray; Dave Dantas; Matt Pielsticker; Jeff Shepard; Cathy Conroy Subject:REQ: for clarity on a 2500-3250 riser (manway) in ground water tank install at 5705 as landscaping issue only... Date:Friday, August 05, 2016 12:41:23 PM Attachments:Stubbed Attachments.htm This message's contents have been archived by the Barracuda Message Archiver. acerotomold-tank_act2500-lpg.pdf (343.9K) Good afternoon Willy and the other planner now in Matt's old office [Mark?], Thank you both (please forward to him as well) for taking a moment with me in person this morning assuring me that installation of an in-ground stand-alone water storage cistern is a simple landscaping issue needing no permitting and that ToA doesn't seem to have any issue with what I want to do. You asked me to send an email, and that way we can in a paper trail confirm I'm good to go with a 2500-3250 gallon cistern water storage in ground at 5705, that it doesn't require review, and that its in no way tied to our permit or a need to extend/revise our permit. Its my understanding this is a non issue, I'm verifying such before I go forward with hiring an excavator. - Failures (almost always minor, small leaks) are due if at all to poor location, poor installation, poor maintenance. I have every reason to do this right. I've never heard of a catastrophic tank failure, aka entire contents dumps at once. - Cistern is made of pottable water rated plastic. - Cistern is buried in the ground, deep enough (much of it at 4 feet or more) to not freeze in the winter - Installation is self contained, ~20 feet from the foundation and down hill from the foundation, is not in the easement, there is no connection at all to the house, does not tie into the house's water system (no state need for regulation on contamination or use). This is a self contained water storage for personal use and emergency needs (eg. Fires). Please verify with me that it's OK to move forward, as well that there is no need to worry or be concerned that a permit change or review is in need, and that there are no regulations from the ToA regarding this stand alone, on property (not in easement) installation. Kind regards, TN cc:CC, DD, MP, JS Exhibit B From:William Gray To:Matt Pielsticker Subject:Todd"s reply Date:Friday, March 24, 2017 1:43:29 PM From: Todd Nathan ] Sent: Thursday, March 23, 2017 11:05 PMTo: William Gray; Cathy ConroySubject: Re: Lot 80, Block 4 water easement violation [revisited] ... Willy, thank you for the consult and advice. We'll see how this pans out. Cheers, TN From: William Gray <wgray@avon.org> To: Todd Nathan < > Sent: Wednesday, March 22, 2017 12:44 PM Subject: RE: Lot 80, Block 4 water easement violation [revisited] ... Todd, Just like your property, as the snow melts and before the ground thaws there will be a lot of items that show up that will be taken care of when the weather permits. I would expect for you to contact your neighbor and ask them to bury the drain pipes (weather permitting) back on their side of the property line. I would not cut their pipe without their permission. This is an drainage easement and the pipes should terminate within the easement. From: Todd Nathan ] Sent: Tuesday, March 21, 2017 10:00 AM To: William Gray Cc: Cathy Conroy; Charles McWilliams; Matt Pielsticker Subject: Re: Lot 80, Block 4 water easement violation [revisited] ... William, good Tues morning to you et. al., After the last email on Sept 28th 2016, within days Lot #80's black dual drain pipes were pointed and on their own lot, on their side of the stairs left in the easement. Noticed today they are now again encroached on our property over the property line. Please consider this a complaint from #79 lot owner to the ToA regarding lot #80's continued violations and have your Comm. Dev Staff and/or other code enforcement to look into this issue (again?). Regards, TN cc: CC, CM, MP Exhibit B ================== included email about this issue last Sept 28th "Sorry for not getting back to you sooner. Community Development Staff has looked at your complaint and after review we feel there is no violation with the stairs in the easement, they are not permeant and can be removed if necessary, the drainage goes downhill as it always did. The drain pipe will need to be addressed and we will contact the owner and tell them the same. Even though it may be not advisable to put the stairs in the easement they are not in violation. Regards, William Gray" From: William Gray <wgray@avon.org> To: Todd Nathan > Cc: Matt Pielsticker <mpielsticker@avon.org>; Charles McWilliams <cmcwilliams@avon.org> Sent: Wednesday, September 28, 2016 2:34 PM Subject: RE: Lot 80, Block 4 water easement violations... Sorry for not getting back to you sooner. Community Development Staff has looked at your complaint and after review we feel there is no violation with the stairs in the easement, they are not permeant and can be removed if necessary, the drainage goes downhill as it always did. The drain pipe will need to be addressed and we will contact the owner and tell them the same. Even though it may be not advisable to put the stairs in the easement they are not in violation. Regards, William Gray From: Todd Nathan [ ] Sent: Wednesday, September 21, 2016 2:53 PM To: William Gray Subject: RE: Lot 80, Block 4 water easement violations... Good afternoon Willy, Thank you for taking time today with me when I was looking for a hard copy of the Wildridge Plat and Wildridge Protective Covenant. Particularly showing particular interest in my concerns regarding applicability of law and the enforceability of the law by the ToA regarding witnessed and cited violations. Since you explained WPC and the ToA is complaint driven process, this email serves as a formal complaint against the owners or renters of Lot 80, Block 4 in Wildridge, Avon CO. for recurring violations. On the east side property line of Lot 80, Block 4 there are two violations occuring (see photos and below description). 1.Water is actively being diverted from Lot 80 onto Lot 79, east side of Lot 80's house, down spout connected to black hoses which run to the property line flowing water onto Lot 79. This is a recurring violation. Exhibit B 2.Permanent structures (rebar and ties) are being installed (starting yesterday to the best of my knolwedge) in the restricted use 7.5 foot water easement. Existing ties exist as well, which are in violation as well. To my knowledge, per WPC there is no perm structure allowed in the water easement, pre existing or new which divert water from natural flow of water in the easement. Additionally existing aged ties are in violation of the same portion of WPC. Please use email (its best for me) to both ask questions which I will answer promptly upon reading, and sending me a copy of the document you send to the owners of Lot 80 (assuming you do, as it seems this is public and official business). I wish this complaint to be filed anonymously. Kind regards, TN Exhibit B 510 Nottingham Road Case #REZ17001 Town Council Public Hearing 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: August 8, 2017 Meeting Agenda Topic: PUBLIC HEARING on Development Case File #REZ17001, A Rezoning Application to Apply the Short Term Rental Overlay (STRO) District to 510 Nottingham Road ACTION BEFORE COUNCIL Public Hearing and action on Development Case File #REZ17001, A Rezoning Application to Apply the Short Term Rental Overlay (STRO) District to 510 Nottingham Road. SUMMARY The attached staff report and development case file (Exhibit A) was reviewed by the Planning and Zoning Commission (PZC) at their July 18, 2017 meeting. The Commission voiced overwhelming concern with isolating a review of this request, to allow short term rentals on a single residential property without full consideration of potential impacts of short term rentals within the greater neighborhood. The neighborhood was defined as the “Nottingham Road District” and essentially includes all residential condominiums on Nottingham Road. The attached PZC decision (Exhibit B) documents conflict with the review criterion addressing compatibility. Section §7.16.050(c)(4) of the Development Code requires the consideration of “compatibility with surrounding land uses”, and PZC did not find the use compatible. Other comments by individual PZC members at the July18, 2017 meeting included the following:  Potential diminishing of long term rental inventory in the area.  Concerns that other properties in the area would apply if this application was approved, as opposed to a holistic neighborhood approach.  Changing character.  Lack of public comments and concern that it could be considered ‘spot zoning’.  Effect on first time home buyers.  Traffic increase due to the nature of the property not being connected by sidewalk. Staff’s recommendation of the application was contrary to that of PZC; it is documented in staff’s report (Exhibit A). Staff found the impacts negligible as demonstrated with other short term rental properties in Town. According to the Avon Comprehensive Plan, the property is located in District 9: Valley Residential District; a district that includes Nottingham Road and Beaver Creek Boulevard. The Short Term rental use in other properties within this District has not caused a measurable change in the character of the area or Town as a whole. Staff would like to reaffirm its belief that this use is compatible with surrounding land uses. Furthermore, Section §7.16.050(c) does not preclude the individual zoning change, as presented. Staff still recommends approval of this application, and also recommends a more comprehensive study of the potential effects of the overlay district as a whole. 510 Nottingham Road Case #REZ17001 Town Council Public Hearing 2 AVAILABLE ACTIONS 1) DENY the application and uphold PZC’s Decision and recommendations.  Denial of Development Case File #REZ17001, a Rezoning Application to Apply the STRO District to 510 Nottingham Road.  If a motion to deny the application is passed, Staff will bring formal written findings for action at the August 22, 2017 meeting.  As recommended by PZC, initiate the review and public process to consider a STRO District review of the entire Nottingham Road residential corridor. 2) CONTINUE the Public Hearing for a maximum of sixty-five (65) days from the initial hearing.  This action is permissible without applicant’s consent.  Not later than the September 12, 2017 Avon Town Council meeting. 3) CONTINUE the Public Hearing for a maximum of ninety-five (95) days from the initial hearing.  This action is only permissible with applicant’s consent.  Not later than the October 10, 2017 Avon Town Council meeting. 4) APPROVAL of the application and staff’s recommendation  If a motion to approve the application is passed, Staff will bring back formal written findings for action at the August 22, 2017 meeting. ATTACHMENTS Exhibit A: Staff Report to PZC & Development Case File #REZ17001 Application Materials Exhibit B: PZC Decision July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 1 Staff Report – Rezoning July 18, 2017 Planning & Zoning Commission Meeting Project file Case #REZ17001 Legal description Lot 44, Block 1, Benchmark at Beaver Creek Subdivision Current Zoning Residential Low Density (RL) Proposed Zoning Short Term Rental Overlay (STRO) Address 510 Nottingham Road Prepared By Matt Pielsticker, Planning Director Introduction The attached application (“Exhibit A”) calls for a rezoning; it would overlay a property with the Short Term Rental Overlay (“STRO”) District. The subject property contains a triplex, is located on Nottingham Road, and is currently zoned for Residential Low Density (“RL”). The Planning and Zoning Commission (“PZC”) will review the application and conduct a public hearing on July 18, 2017. After reviewing staff’s analysis and considering public input, PZC will forward a recommendation to the Town Council. Background Staff was approached by the Unit A owner in the Alpenhaus condominiums earlier this year inquiring about the process to permit short term rentals in his unit. Staff advised the owner of the process and subsequently he acquired Elizabeth Gross and Kristin Mcnight to represent him for the public hearings. During the due diligence when putting together the application, the other two owners in the building provided consent to the proposed use taking place on the entire property. Process The review process first requires 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. Background Long after the platting of the Benchmark at Beaver Creek Boulevard Subdivision, which split the Town into residential, commercial, and park areas, the Town adopted a zone district map to mimic the general layout and intensity of land uses. The STRO district was created in 2009 as a way to outright permit short term rentals in a large majority of the valley floor area. During the Staff Review & Report PUBLIC HEARING: PZC Council & 1st Reading of Ordinance PUBLIC HEARING: Council & 2nd Reading of Ordinance Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 2 public hearings related to the creation of the STRO, several iterations of the map were presented to the Town Council and public for review. Most of the early versions of the overlay district included areas of Nottingham Road, Eaglebend Drive, and even the Wildridge Subdivision. A determination was made that the STRO could not legally be overlaid on PUD zone districts (i.e. Wildridge, Eaglebend), and through further modifications to the approving Ordinance Nottingham Road was dropped out of the overlay area during Council approvals in 2009. The map below is the current STRO in orange, with some of the PUD districts that explicitly permit short term rentals in green. Property Description 510 Nottingham measures ½ acre and was developed in 1979-1980. Typical to other properties on Nottingham Road, an angled sloping driveway climbs up from the road and wraps around to access the building from the North side. This allows for the structure to open up to the southern views of Beaver Creek Resort. The property is bounded on the west by Snowrun Condominium Triplex; south by Nottingham Road and Interstate 70; on the north by Town of Avon Open Space, and on the east by the Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 3 Anointed Christian church. Further to the West on Nottingham Road the zoning changes to Light Industrial and Commercial and eventually to open space. Rezoning Review Criteria Analysis As outlined in Sec. 7.20.060(b), the RL district “is a mixed dwelling district intended to provide sites for single-family, two-family, and multi-family dwellings either in traditional neighborhoods or in a setting with a mix of dwelling unit types. This district implements the residential low density classification of the Avon Future Land Use Plan and can be located as a transitional use between lower density single family development and medium density or mixed-use development. Residential low density should be located along a local road.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. PZC shall use the criteria below as the basis for a recommendation on the Application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; The entire Purpose statement section from the Development Code (Section 7.04.030 - Development Code Purposes) is outlined for 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; 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 Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 4 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 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. Staff Response: The character of the development would remain residential and consistent with the intent of the zone district classifications of the Town. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application will provide consistency with the Comprehensive Plan, and supporting planning documents listed above. The property is located in District 9: Valley Residential District. The area includes all of the residential on Nottingham Road, Beaver Creek Boulevard and the Aspens Village. Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 5 The planning principles for this district deal primarily with improving connectivity, wayfinding, and pedestrian improvements. General land use goals and policies from the Avon Comprehensive Plan worth noting include: Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year- round residential community and as a commercial, tourism and economic center. Policy B.2.2: Promote a wide range of residential uses throughout the Town. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is physically suitable for the proposed development as a standalone residential project with unit(s) containing short term rentals. The driveway is capable of holding vehicles and owners/guests simultaneously. (4) Compatibility with surrounding land uses; Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 6 Staff Response: With the exception of the church immediately east of the property, the majority of the surrounding land contains residential land uses, including deed restricted housing. The occasional use of the property for short term rentals appears to be compatible on the scale proposed. The subject property is confined with its own driveway access and parking area separate from adjacent projects. No inherent conflicts with the church or potential future residential project to the east are anticipated. It should be noted that from a pedestrian perspective the property is somewhat isolated from the core of Town and other public amenities including no sidewalk connection or bus routes nearby. Crossing Nottingham Road on foot is dangerous and therefore guests would likely need to arrive by vehicles. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: While the conditions of the area have not changed, the online rental business has continued to evolve rapidly. Since the STRO district was created in 2009, the environment for owners to market their properties and for guests in resort areas to shop for rentals has changed considerably. (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: No additional facilities are required to serve the development if short term rentals are implemented. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The property is located in the middle of a RL zoned portion of Town which according to the stated purpose of the RL district ”can be located as a transitional use between lower density single family development and medium density or mixed-use development. Residential low density should be located along a local road.” The property is near the transition from residential to light-industrial commercial land uses. The STRO district is intended to ”allow short term rentals of properties, including but not limited to accommodate, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties.” If the property was rezoned with the STRO district it would continue to be subject to all underlying requirements of the RL zone district. (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, Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 7 stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Staff does not anticipate any adverse impacts upon the natural environment compared to the existing zoning. No substantive changes to air, water, noise, etc. are expected. (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: No substantial impacts to other properties in the vicinity are envisioned with a STRO district applied to the property. Future uses to the east could intensify and include more residential development, as permitted in the RL district, however the rezoning is not likely to impact those future adjacent uses. (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 rezoning is not within an existing PUD and this criterion is not applicable. (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: The intensity of use is comparable to existing residential uses. Incremental changes to the character of the property do not increase demands on public facilities or infrastructure. Vehicle trips would not change in a measurable way. Available Options 1. Continue the Public Hearing to a date certain, pending additional information. 2. Approve Findings of Fact and Record of Decision recommending that the Town Council approve the application, together with findings. 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application, together with findings. Staff Recommendation Staff recommends approval as explained herein. If amendable, PZC can direct Staff to prepare a formal Findings of Fact, Record of Decision, and recommendation to Council pursuant to Section 7.16.020(f)(3), Findings, to be presented to the Council for final action. Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 8 Recommended Motions and Findings: “I move to recommend Town Council approval of Case #REZ17001, an application for rezoning of Lot 44, Block 1, Benchmark at Beaver Creek Subdivision, together with the findings of fact.” The following Findings may be applied: 1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria and Avon Comprehensive Plan, as outlined in the staff report for the July 18, 2017 public hearing. 2. 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. 3. Short term rentals on the property would be compatible and pose negligible impacts upon the current and future potential uses of neighboring properties. Exhibits A –Vicinity Map with Zoning B - Application Materials Exhibit A July 18, 2017 PZC Meeting Lot 44, Block 1, Benchmark at Beaver Creek Subdivision – STRO Rezoning 9 Exhibit A Aerial Photograph Zoning Map Exhibit A Exhibit BExhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit BExhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B Exhibit A Exhibit B TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: August 8, 2017 Agenda Topic: Authorization to Issue Notice of Award for the 2017 Street Improvements Project ACTION BEFORE COUNCIL Authorize the Town Manager to issue Notice of Award for construction of the 2017 Street Improvements Project, as approved in the Town of Avon 2017 Capital Projects Fund (CPF), and give direction on whether to incorporate the Nottingham Road sidewalk to the project. PROPOSED MOTION I move to authorize the Town Manager to issue the Notice of Award for the 2017 Street Improvements Project contract to the low bidder Oldcastle SW Group, in the amount of $1,073,413. DISCUSSION Staff advertised the 2017 Street Improvements Project for (3) weeks and the Bid Opening was held on August 2, 2017. Two bids were received, one from Elam Construction, Inc., with a base bid of $1,439,859 and a second bid from Oldcastle SW Group, Inc., with a base bid of $1,250,366 and including several bid alternates a total bid of $1,644,927. With both bids being higher than the Capital Projects Fund estimated budget of $1,150,660, staff is recommending the 2017 Street Improvements Project consist of: 1. Asphalt milling, repair, overlay and striping of Nottingham Road, East Benchmark Road, and Beaver Creek Place. 2. The Project also includes replacement of select sections of concrete curb and gutter, replacement of concrete sidewalk and curb ramps to achieve ADA compliance. 3. An approximate 350’ long section of paved parking is included in the Nottingham Road work west of Metcalf Road. The resurfacing of Eaglebend Drive will be delayed and rescheduled into the 5-year CPF budget. Eaglebend Drive is recommended to be delayed because it has the lowest traffic counts of the selected road segments. Nottingham Road Sidewalk Bid Alternate A bid alternate for the addition of approximately 650’ of concrete sidewalk on the north side of Nottingham Road from Buck Creek Road to 0230 Nottingham Road was included in the bid package per previous Council direction. The bid alternate came in at $283,900 and is not in the 2017 CPF budget. Staff is requesting direction if it should be added to the 2017 Street Improvements program.  Page 2 The most important consideration for including the sidewalk is timing with the Nottingham Road paving. If not included at this time, the sidewalk could follow in a later phase, but that would include cutting of the new pavement and patching once the sidewalk goes in. Funding for the sidewalk can be accomplished, if Council desires. It is expected there will be approximately $115,000 remaining in the Capital Projects fund (CPF) contingency and $110,000 available in unrestricted reserves in the CPF for a total of $225,000. The remaining $58,900 can be obtained from the $1,000,000 CPF fund balance. If Council wishes to appropriate these monies, a resolution will be prepared for the August 22nd meeting. Construction Schedule: The proposed work is anticipated to begin in mid to late August and be completed by November 1, 2017. The 2017 Street Improvements Project will restrict access or require temporary lane closures during construction. Outreach to citizens, businesses, and emergency services will be coordinated by Staff and the Contractor. BUDGET: The construction Contract for the Project will be funded from the 2017 Street Improvements Projects as approved in the Town of Avon 2017 Capital Projects Fund. The Project cost estimate is shown in the table below, and includes 5.8 % contingency. 2017 Street Improvements Project Cost Estimate Available Funds Budget $1,150,660 Construction Cost $1,073,413 Geotechnical Testing Services $15,000 Contingency (5.8 %) $62,247 Total $1,150,660 RECOMMENDATION: Staff requests Council authorization to award the 2017 Street Improvements Contract to the low bidder, Oldcastle SW Group, in the amount of $1,073,413. In addition, staff seeks direction on the addition of the Nottingham Road Sidewalk bid alternate at $283,900 which is not currently budgeted and requires a future budget amendment. Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY August 8, 2017 Ms. Paula Peterson District Recreation Program Manager Eagle-Holy Cross Ranger District PO Box 190 Minturn, CO 81645 Re: EagleVail Trail Extension Project #52056 Dear Paula: On behalf of the Avon Town Council, who approved this letter, at our August 8, 2017, regular meeting, we wish to share our support for the proposed trail connecting the EagleVail community’s trail system to Meadow Mountain. It is our understanding the EagleVail Trail Extension Project significantly accomplishes connecting front doors to Forest Service Trails, and that it will be used as a convenient connection for users choosing to link hikes, runs and bike rides with other trails, including Meadow Mountain, Cougar Ridge and Whiskey Creek, when it is reopened. A user can connect into Avon’s nearby West Avon Preserve Trails, particularly the Avon Singletree Connector Trail, by adding a little road travel into a ride or hike. We applaud the grass roots volunteer efforts, which are promised to this trail extension and the cooperation of the Forest Service. The creation of the EagleVail Trail Extension will model a significant citizen and government partnership that creates a linked trail system that citizens and visitors will enjoy. Thank you for your thoughtful consideration in approving this trail connection. Sincerely, Mayor Jennie Fancher cc: Avon Town Council TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A 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 Amy Phillips, Jake Wolf, Scott Prince and Sarah Smith Hymes. Megan Burch and Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Chief of Police Coby Cosper, Recreation Director John Curutchet, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Start time: 10:49 Part One Mayor Fancher requested a discussion regarding the recent Lyle Lovett concert and closing certain areas of the park during ticketed Town events. Councilor Wolf moved to add the discussion as work session item 6.3 on the agenda. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council present. Councilor Burch and Councilor Gennett were absent. 3. MEETING PROCEDURES FOR THE MEETING OF JULY 25, 2017 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 13:43 Part One Councilor Gennett arrived at 5:16 p.m. Charles Frey, owner of Ticino restaurant, said he has no problem with the proposed prohibition on plastic bags. Charles expressed opposition to the proposed $0.10 cent fee for paper bags. Staff was asked to look at not imposing a $0.10 cent fee for paper bags on other retailers during Phase 2 of the proposed plastic bag ban. Alex Ballesteros commented on the price of tickets for events. 5. TOWN OF AVON RECREATION DEPARTMENT COMMUNITY SWIM PROGRAM PRESENTATION (RECREATION DIRECTOR JOHN CURUTCHET) Start time: 19:50 Part One John Curutchet delivered a presentation on the Town’s Community Swim Program. Councilor Phillips said she would really like to see the Town make an effort to get students from Homestake Peak School involved in the program. She also said she would like to see adults included in the Learn to Swim Program. Councilor Phillips asked about the possibility of Avon hosting a competition. John Curutchet responded that they are in the process of securing a swim meet, a two day event, in August 2018. 6. WORK SESSION Start time: 51:09 Part One 6.1. COUNCIL DIRECTION REGARDING PROHIBITING SMOKING AT ANY OUTDOOR TOWN VENUE DURING A TOWN SPONSORED SPECIAL EVENT (COUNCILOR SCOTT PRINCE) TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Councilor Prince started the discussion by expressing his support for prohibiting smoking at any outdoor Town venue during a Town sponsored event, whether free or ticketed. Council provided direction to staff to continue the practice of designated smoking areas. Staff will work with Avon LIVE! representatives to locate another area to serve as the designated smoking area. There was not a consensus to bring to Council an ordinance on this matter. 6.2. COUNCIL DIRECTION REGARDING HARRY A. NOTTINGHAM BEACH PARKING (RECREATION DIRECTOR JOHN CURUTCHET) Start time: 77:16 Part One Council agreed to move forward with option two, which was staff’s recommendation. Direction was provided to reduce the speed limit to 15 mph through the stretch of West Beaver Creek Boulevard where parking is allowed on the north side of the street. Direction was also given to staff to impose a time limit of three hours on the spots available to the public in Lot 16. Finally, direction was provided to allow staff the flexibility to determine what works in terms of drop off spots in Lot 16. Staff will continue to improve signage. 6.3.COUNCIL DIRECTION REGARDING CLOSING THE PARK DURING TICKETED SPECIAL EVENTS Start time: 00:01 Part Two Consensus was reached to close the areas of the park that were closed during the Lyle Lovett concert, including the beach, for the Ben Harper concert on September 15th. The Ad Hoc Special Events Committee will look at some of these items and make recommendations to the Town Council at a future date. For future ticketed events, an “Avon Local” ticket price will be explored. 7. ACTION ITEM Start time: 46:51 7.1. PUBLIC HEARING ACTION ON AN OUTDOOR USE OF AMPLIFIED SOUND PERMIT FOR THE BEC TRI EVENT ON AUGUST 5, 2017 (VAIL VALLEY CHARITABLE FUND – C. MICHELLE MALONEY) The application was presented by Michelle Maloney, who was present to answer questions and talk about the event. Councilor Wolf asked that the speakers for the announcements be aimed away from the residences located along the north side of Nottingham Park. Mayor Fancher opened the public hearing and no comments were made. Mayor Pro Tem Smith Hymes moved to approve the Outdoor Use of Amplified Sound Permit for the Vail Valley Charitable Fund, on Saturday August 5, 2017, from 6:00 a.m. to 11:00 a.m. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Burch was absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 7.2. RESOLUTION 17–16 ADOPTING THE TOWN OF AVON 2017 – 2019 STRATEGIC PLAN (TOWN MANAGER VIRGINIA EGGER) Start time: 51:50 Part Two Council members provided various modifications to the Town of Avon 2017-2019 Strategic Plan. Mayor Pro Tem Smith Hymes moved to approve Resolution 17-16, adopting the Town of Avon 2017-18 Strategic Plan. Councilor Gennett seconded the motion and it passed unanimously by Council members present. Councilor Burch was absent. 7.3. RESOLUTION 17-12 SUPPORTING LOCAL AND FEDERAL CLIMATE ACTION AND INCLUDING THE TOWN OF AVON AS A SIGNATORY ON THE MAYORS NATIONAL CLIMATE ACTION AGENDA (MNCAA) OPEN LETTER TO THE PRESIDENT (COUNCILOR SCOTT PRINCE) Start time: 63:03 Part Two Councilor Wolf moved to approve Resolution 17-12, Supporting Local and Federal Climate Action and including the Town of Avon as a Signatory on the Mayors National Climate Action Agenda (MNCAA) Open Letter to the President. Councilor Prince seconded the motion and it passed unanimously by Council members present. Councilor Burch was absent. 7.4. CONSENT AGENDA Start time: 64:20 PART TWO 7.4.1. APPROVAL OF RESOLUTION 17-17 SWIFT GULCH WATER AND SEWER EASEMENTS (TOWN ENGINEER JUSTIN HILDRETH) 7.4.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT (TOWN ATTORNEY ERIC HEIL) 7.4.3. APPROVAL OF MINUTES FROM JULY 11, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Phillips moved to approve the consent agenda. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Burch was absent. 7.5. RESOLUTION 17-15 ADOPTING A TOWN COUNCIL CODE OF CONDUCT (CIRSA GENERAL COUNSEL TAMI TANOUE & TOWN ATTORNEY ERIC HEIL) Start time: 64:42 Part Two No action taken. Direction was provided to staff to look at the Town Council Handbook to see if a Code of Conduct document of some sort would be a good fit in that document. 8. WRITTEN REPORTS 8.1. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY JUNE 22, 2017, REGULAR BOARD MEETING 8.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 8.3.GIFT REPORTING – LYLE LOVETT AND HIS LARGE BAND GENERAL ADMISSION TICKETS (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 25, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) Start time: 173:56 Part Two Councilor Wolf discussed Bravo! Vail returning to Avon in 2018. Mayor Pro Tem Smith Hymes complemented Town staff on implementing the Climate Action Plan. Mayor Fancher talked about upcoming special events. 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 9:50 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ Landscape Code Work Session 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: David McWilliams, Planner Joe Histed, Parks Supervisor Matt Pielsticker, Planning Director Meeting Date: August 8, 2017 Meeting Agenda Topic: Landscaping Code Work Session ACTION BEFORE COUNCIL No action necessary on August 8. SUMMARY The Avon Town Council 2017-18 Strategic Plan highlights the Landscape Code, Section 7.28.050 of the Avon Municipal Code (“AMC”) for an update. Specifically, the Strategic Plan, Tier 1 Priority, states:  Amend the Town’s landscape code to more effectively replace vegetation which has been removed  With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River  Assess the Town's public tree stock in the park and in right-of-ways for timely replacement  Proactively ensure trees on public and private property do not host and spread viruses; remove dead trees with a well-developed landscape program The purpose of the August 8, 2017 work session is to update the Avon Town Council on the progress made thus far, alert Council to the upcoming workshop with Eagle River Water and Sanitation staff, and confirm next steps of this code update process. Through research, collaboration with other Town departments, collaboration with the Eagle River Water and Sanitation District (ERWSD) staff, and work sessions with the Planning and Zoning Commission (“PZC”), planning staff has prepared various code amendments to address the outlined goals. Relevant sections with amendments are noted with parentheses for reference. VEGETATION REPLACEMENT  Amend the Town’s landscape code to more effectively replace vegetation which has been removed Within the Landscape Code, the removal of “significant trees” (AMC 7.28.050(g)) is prohibited unless replaced at a rate of 2:1 with new trees. Replacement of non-significant trees is encouraged. With many trees in Avon reaching maturity and past planting practices leading to unintended consequences, these regulations are oftentimes not feasible and are causing difficulty in the tree removal approval process. Working with PZC, the proposed code amendments recommend the code include a section allowing for more staff discretion to approve removal (and replacement with other landscaping) without Landscape Code Work Session 2 reaching the level of an Alternative Equivalent Compliance hearing in front of PZC. The criteria for alternative plantings will accompany upcoming hearings. WATER EFFICIENCY  With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River The attached (Exhibit A) draft redline strikethrough of the Landscape Code achieves several benefits to the Town that are generally based on best practices from the Irrigation Association (a group promoting efficient irrigation), initiatives from other local governments in the high desert, adjustment of landscape unit incentives, or clarification of wording. The following issues are addressed:  Increased credits for no-water lawns or planting (Table 7.28-7)  Increased credits for existing and retained landscape material (Table 7.28-7)  Extend current maximum irrigated percentage to a maximum square footage area for large lots (Table 7.28-6)  Promote drip irrigation where appropriate (7.28.050(g)(5)(ii)(G))  Require soil amendment to increase moisture retention (7.28.050(g)(5)(vii))  Require that temporary irrigation be only above-ground (7.28.050(g)(5)(iv))  Discourage large plantings (trees) on utility easements (7.28.050 (e))  Require irrigation plans and planting plans (7.28.050(g)(5))  Include relevant sections of the Irrigation Association’s Model Irrigation Ordinance (7.28.050(g)(5)(ii)) Staff feels that this an adequate first step in achieving water use reduction in new development, but may need further revision to fully achieve the intent of the Strategic Plan. That is, while the proposed changes incentivize reduction in irrigation and require measures that monitor and control water flow, there is no codified limit to the amount of water applied. Staff seeks input for further changes to the landscape code that would limit the amount of water applied to landscaping. Nationally, and increasingly in Colorado, communities are codifying water budgets to limit the amount of water used to maintain landscaping. A Maximum Applied Water Budget is defined as: the upper limit of annual applied water (supplemental irrigation water) for the established landscaped area. Many communities define their budgets based upon the area’s reference evapotranspiration rate and require applicants to demonstrate budget compliance through a formula that accounts for water uptake (high or low water use plants) and irrigation efficiency (spray or drip). Staff recommends this direction due to its relative ease for applicants and staff, and its relative universality within the country. SONORAN INSTITUTE Town staff will be joining ERWSD September 11-13 to attend the Sonoran Institute and Lincoln Institute of Land Policy’s Growing Water Smart Workshop. The goal of the workshop is to better integrate land use and water planning to make more efficient use of our water supply. The team includes Eagle County staff, Town staff, and ERWSD staff representatives. Expected outcomes of the workshop include bridging the gap between local land use approvals and water district monitoring, as well as improved irrigation efficiency. As mentioned above, water budgeting is expected to be one of the key approaches Landscape Code Work Session 3 to achieving water efficiency goals moving forward. If pursued, staff would come back with additional code amendments for consideration following the workshop. PUBLIC TREE STOCK ASSESSMENT  Assess the Town's public tree stock in the park and in right-of-ways for timely replacement The Town’s parks department staff works with 2 local arborists to evaluate all public tree stock. Each spring the arborist completes an annual arbor care plan. The annual care plan includes spraying and other treatment measures to effectively treat new scale issues. This year the decision to treat some trees by applying insecticide to the base was chosen to decrease the chance that pollinators would contact the insecticide. While this new approach to treatment is considerably more expensive than spraying, it has been found to be safer, more effective, and cap With a continued proactive approach to the Town’s public tree stock, scale has been under control and we can monitor and spray sections typically every 2-3 years vs. annually. Annual budget for arbor care is currently $13,500 for all spraying and tree removal. The 2018 proposed budget will increase to $18,000 in order to include other Right-of-Way locations including: Avon Road, Post Boulevard, Lot 5, and Eaglebend trees. If trees are beyond the point of treatment or do not respond adequately to treatment methods, the parks department utilizes an arbor company for removal if Town staff cannot complete removal. For reference the cost to remove a mid-size tree is approximately $400-500. If a bucket truck is needed for a large tree, the cost can increase to the $1,500-2,000 range. Currently, parks staff is working with another arborist on mapping, assessing, and placing a valuation on our entire urban forest. This project is to be completed later this year or early next year. The estimated total annual time to monitor trees is approximately 40 hours and is split between Joe Gilles and Joe Histed, who are both International Society of Arboriculture (“ISA”) Certified Arborists. DISEASED TREES  Proactively ensure trees on public and private property do not host and spread viruses; remove dead trees with a well-developed landscape program In addition to the work being done with our public tree stock, proposed code changes (Exhibit A – Section 8.36.100) will allow notification and remediation of diseased trees on private property. The approach is similar to noxious weed enforcement and is appropriately coupled with that existing code language. NEXT STEPS  Public notification and hearing before PZC  Town Council consideration of Ordinance  September Water Smart Workshop ATTACHMENTS Exhibit A: Draft Strikethrough of Section 7.28.050 and Section 8.36.100, Avon Municipal Code Exhibit B: Growing Water Smart Workshop Application, dated July 10, 2017 7.28.050 - Landscaping. (a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town: (1) Integrates building sites with natural topography and existing vegetation; (2) Minimizes disturbed areas; (3) Conserves Respects the limitedations and best uses of water resources; (4) Reduces water use and off-site impacts, which can affect the Eagle River; (5) Reduces the amount of reflected glare and heat absorbed in and around developments; (65) Breaks up large expanses of parking lots; and (76) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses. (b) Applicability. This landscaping Section shall apply to all new development and redevelopment as provided in Subsection 7.28.010(b), Applicability. Applicability of the provisions of this Section shall be as indicated in Table 7.28-6 below. (c) Required Landscaped Area. Minimum landscaped area and maximum irrigated area for each zoning district shall be as indicated in Table 7.28-6, below. _______________________________________ Table 7.28-6 Minimum Landscaped Area and Maximum Irrigated Area by Zoning District Zoning Districts Minimum Landscaped Area (% of Gross Lot Size) Maximum Irrigated Area (% of Landscaped Area) Maximum Irrigated Area (Total Square Footage) NC, MC, TC, IC 20 20 5,000 RSF, RL, RM, RH 25 20 5,000 P, PF, OLD 0 n/a n/a _______________________________________ (d) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use abuts a residential district or use: (1) A minimum fifteen-foot-wide buffer space shall be provided. (2) The buffer shall be designed with adequate landscaping or screening to properly separate the differing uses. (3) New trees and shrubs shall be evenly spaced at planting. Page 1 Exhibit A (4) A solid masonry wall, minimum six (6) feet in height, may be substituted for required shrubs. (5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed. (6) If used in addition to a landscape screen, fences shall have additional evergreen shrubs planted on the residential side of the fence. (7) Mechanical equipment, permanent detention and temporary erosion and sedimentation control basis are prohibited in the buffer area. (8) Utility easements should avoid being placed in the long dimension of a buffer yard. (9) Wherever practical, pedestrian access shall be placed through the buffer yard. (e) Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping shall be provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped area, whether irrigated or not. At least twenty-five percent (25%) of all required landscape units shall be provided as trees. Significant landscaping features (trees, etc.) within utility easements will not earn landscaping units. The following table indicates the landscape units awarded for various preserved or planted landscape materials: Table 7.28-7 Landscape Units Awarded Landscape Material Landscape Units Awarded Newly Installed Existing Retained Evergreen tree, > 10’ ft. high 8 14 Evergreen tree, > 8—10’ ft. high 8 11 Evergreen tree, 6—8’ ft. high 6 9 Evergreen tree, <6’ high 1 2 Deciduous tree, > 8" caliper 10n/a 14 Deciduous tree, > 4—8" caliper 8n/q 11 Deciduous tree, > 2.5—4" caliper 7 9 Deciduous tree, 1.5—2.5" caliper or multi-stem 4 4 Deciduous tree < 1.5” caliper 1 2 Shrubs, 5-gallon 1 1.2 Page 2 Exhibit A Shrubs, 3-gallon 0.8 0.9 Shrubs, 1-gallon 0.5 0.6 Perennials/ground cover 1 per 400 sq. ft. Annual flower bed 1 per 400 sq. ft. Xeriscapeing ground cover 1 per 800 400 sq. ft. Flower basket support 0.2 per basket Earthen berm, minimum 18" high 0.05 per linear foot Hardscape Material Units Awarded Split rail fence 0.20 per linear foot (0 in Wildridge) Screening (opaque) fence 0.40 per linear foot (0 in Wildridge) Shredded bark or 3"+ rock mulch such as river rock 1 per 500 sq. ft. Ornamental pavers 1 per 250 sq. ft. Landscape boulders, 3' or greater in height 1 per boulder Seating 0.40 per linear foot Landscape lighting, sculpture, art, water feature and/or sheltering structure/landmark As determined by Director Retained Existing Vegetation Mass Landscape Unit Bonuses Bonus Landscaping Units Awarded 300 + sq. ft. of native vegetation 10% 300 + sq. ft. with a minimum of 3 deciduous trees (4" caliper or greater), 3 evergreen trees (minimum 6 feet high) or any combination thereof 15% Page 3 Exhibit A 500 + sq. ft. with a minimum of 5 deciduous trees (4" caliper or greater), 5 evergreen trees (minimum 6 feet high) or any combination thereof 20% 800 + sq. ft. with a minimum of 8 deciduous trees (4" caliper or greater), 8 evergreen trees (minimum 6 feet high) or any combination thereof 25% 80% or more of total landscaped area on temporary irrigation 50% (f) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street surface parking lots., except those in the TC district, as provided below. (1) Parking Lot Perimeter Landscaping: (i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all parking lots having more than three ten (103) spaces where the parking lot is adjacent to a public street or a nonretail or industrial use such as a residential area, institutional use (e.g., hospital) or office. (ii) The parking lot perimeter landscaping shall achieve a minimum of one and two-tenths (1.2) landscape units per lineal foot. A minimum of eighty (80) percent of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material or combination thereof. (iii) Where lots are being developed in a mixed-use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to both parking lots. (2) Internal Landscaping: (i) Landscape strips shall be installed between the parking rows of every other double row of parking when parking rows exceed fifty (50) parking spaces. (ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a parking row, either within the parking row or at the end of the parking row. (3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped areas. (4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate pedestrians from vehicles. Internal landscape islands shall: (i) Be a minimum of six (6) feet in width. (ii) Be at least two hundred (200) square feet. (iii) Be sunken below the level of the parking lot surface to allow for runoff capture. (iv) Have a minimum of four (4) five-gallon deciduous shrubs and one (1) deciduous tree a minimum of two and one-half (2.5) inch caliper per two hundred (200) square feet. Page 4 Exhibit A (iv) Incorporate deciduous shrubs, deciduous trees, perennials, and grasses for seasonal color in each island. (vi) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of fifty percent (50%) nonliving landscaping material. Approved sidewalks are not counted toward the nonliving landscape material percentage. (5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate pedestrians from vehicles. Internal landscape strips shall: (i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row. (ii) Include a four-foot-wide sidewalk and a six-foot-wide planting strip. (iii) Meet planting requirements for interior landscape islands, as outlined above. (6) Parking Lot Landscaping in the TC District. Any boundary of a surface parking lot in the TC district that abuts a public street or alley or lot used for detached residential dwellings shall be landscaped according to this Subsection. (i) For corner-lot buildings with side-yard parking, the boundary between the parking lot and the street-facing side property line shall be landscaped or screened adjacent to the right-of-way according to one (1) of the following options: (A) A minimum four-foot-wide planting strip containing a low, continuous hedge a minimum of thirty (30) inches tall at maturation consisting of a double row of evergreen shrubs planted a minimum of three (3) feet on-center in a triangular pattern; or (B) A minimum two-foot-wide planting strip containing an ornamental metal fence or masonry wall, with a minimum height of three and one-half (3.5) feet and a maximum height of four (4) feet, combined with a single row of shrubs planted a minimum of three (3) feet on-center. (ii) For all other parking lot boundaries, the boundary shall be landscaped or screened according to one (1) of the following options: (A) A minimum two-foot-wide planting strip containing a single row of shrubs planted a minimum of three (3) feet on-center combined with a minimum three-foot-high ornamental metal fence or masonry wall of materials compatible with the primary structure. In the place of shrubs, deciduous shade trees may be planted a minimum of ten (10) feet on-center along the common boundary line; or (B) A minimum four (4) foot wide planting strip containing a low, continuous hedge a minimum of thirty (30) inches tall at installation consisting of a double row of evergreen shrubs planted a minimum of three (3) feet on-center in a triangular pattern. (iii) As applicable, landscaping materials shall be planted on the side of the fence/wall closest to the street, alley or residential property. (iv) The interior landscaping requirements of Subsection 7.28.050(f), Parking Lot Landscaping, shall apply to all parking areas that meet the applicability standards of that Section. (g)(7) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be established at street intersections by maintaining a maximum height for shrubs and ground cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet of the ground. All applicable sight distance requirements must be met for parking lot internal circulation and access points to the public right-of-way. Page 5 Exhibit A (gh) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining walls and berms, must be specifically approved and shall conform to the following standards: (1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees. Bonus lLandscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where the Director accepts the existing vegetation as being in good health and meets the intent of the landscaping requirements of this Chapter. (i) No trees or vegetation shall be removed except as specifically allowed in this Section. (ii) On any lot in the RL, RD and RM zoning districts that has an area greater than one-half (½) acre, nNo trees or vegetation except for noxious, non-native vegetation or vegetation found by the Director to be imminently threatening property, at risk of disease due to overcrowding, posing high fire danger, or potentially encroaching into easements shall be removed outside the designated site disturbance envelope. (iii) All native landscaping shall be kept in its native state. (iv) Significant trees and vegetation that are removed from a development site shall be replaced as set forth in this Section. (A) Significant Trees. Significant trees, as defined by this Section, shall be preserved to the maximum extent feasible. (1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above the ground. (2) When a significant tree is removed from either inside or outside the designated building envelope, the developer property owner it shall be replaced such tree on the lot, either inside or outside the building envelope, with a minimum of two (2) trees a minimum height of eight (8) feet or a minimum caliper of two and one-half (2.5) inches. (3) Replacement trees shall be maintained through an establishment period of at least three (3) years, except that single-family and duplex dwellings shall have an applicable establishment period of one (1) year. The developer shall post a bond guaranteeing the survival and health of all replacement trees during the establishment period. (4) It is the responsibility of the property owner to preserve and maintain any established significant tree. (5) Alternative tree removal guidelines are at the discretion of the Director. (B) Non-significant Trees. Preservation of non-significant trees of a protected species with dimensions equal to or greater than the minimum dimensions required for new landscaping trees is encouraged. (BC) Protective Fencing During Construction. All vegetation, significant trees and trees intended for use as credit towards the landscaping and tree protection standards of this Development Code shall be fenced in accordance with this Subsection before grading or other land-disturbing activity begins. The Director shall consider existing site conditions in determining the exact location of any tree protection fencing. (1) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent method of fencing at the perimeter of the designated building Page 6 Exhibit A envelope and a minimum of four (4) feet in height at the drip line around each tree or group of trees within the building envelope to prevent the placement of debris or fill on vegetation to be preserved or within the drip line of any tree. (2) Inspection. All tree and vegetation protection measures shall be inspected and approved by the Director prior to start of any land disturbing activities. Failure to have protection measures inspected prior to the commencement of construction is a violation of this Development Code. (2) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of permissible plant species that are compatible with various climate zones found in the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and may be amended from time to time. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water conservation goals and would provide the same or better level of visual benefits and have desire growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town. (3) Noxious Vegetation and diseased trees. The identification and removal of noxious, non-native, or diseased vegetation is required and shall be in compliance with Chapter 8.36.100. (4) Planting Plan Required. All planting plans must note and delineate all planting and sod areas, and include hydrozones with similar microclimate, soil conditions, slope, and plant materials with similar water demand. Individual hydrozones that mix high and low water use plants shall not be permitted. Hydrozone areas shall be designated by number, letter, or other designation on the landscape design plan and irrigation design plan. (5) Irrigation Plan Required and Watering Requirements: (i) All required landscaping shall be irrigated pursuant to Table 7.28-6, Minimum Landscaped Area and Maximum Irrigated Area by Zoning District. The irrigation plan must identify the area of installation of an automatic irrigation system, its maintenance and intended uses. (ii) Irrigation Plans shall demonstrate the location of the following: (A) Backflow prevention devices that protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. (B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point of connection of the water supply. (C) Master shut-off valves and flow meters integrated with the automatic irrigation controller on all projects except irrigation systems that make use of technologies that allow for the control of sprinklers that are individually pressurized; (D) Dedicated landscape water meters or sub meters for all non-residential irrigated landscapes 5,000 sq. ft. or more. (E) For all nonresidential properties, smart irrigation controllers labeled by U.S. Environmental Protection Agency's WaterSense Program or with published reports posted on the Smart Water Application Technologies website are required. If a flow meter is used, then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. Page 7 Exhibit A (F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present. (G) ii) The following table shall be provided on all irrigation plans: Landscape Area Provided % of Lot/ Square Footage Total irrigated area % of landscaped area/ square footage Spray area % of irrigated area/ square footage Drip area % of irrigated area/ square footage (measured as three (3) square feet per sprinkler head, unless otherwise shown (iii) The installed irrigation system design shall: (A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. Restrictions regarding overspray and runoff may be modified if the landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping. (B) Conform to the hydrozones of the landscape design plan. (C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the manufacturer's recommendations. (D) meet the required operating pressure of the emission devices using valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, booster pumps, or other devices. The pressure and flow measurements identified at the design stage will be verified prior to the installation of the system. (E) meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third-party. (A)(F) achieve the highest possible sprinkler spacing distribution uniformity using the manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard. ((v) All irrigation shall be designed and operated according to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD). Page 8 Exhibit A (iv) A rain sensor shall be installed with each new irrigation system. (vi) Above ground Ttemporary sprinkler irrigation may be used to re-establish vegetation on otherwise non-irrigated portions of the landscaped areas; however, such temporary systems must be removed upon sufficient vegetation establishment as determined by the Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. (vii) Soil Amendment (A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be a sandy loam to a depth of at least six (6) inches containing at least five percent (5%) organic matter by volume. (B) Tree soil should have a minimum depth of three (3) feet. Both topsoil and subsoil layers shall be sandy loam. The topsoil shall be at least six (6) inches and have five percent (5%) organic matter by weight and subsoil shall have at least one to three percent (1 - 3%) organic matter by weight. (C) A minimum of four (4) cubic yards of organic matter soil amendment per one‐thousand square feet of landscaped area shall be required as necessary to meet the five percent (5%) organic matter specification. (65) Revegetation Required: (i) All disturbed areas must be adequately reseeded and restored on all projects. A revegetation bond, satisfactory to the Director, must be furnished as a condition of certificate of occupancy and shall remain in full force and effect until the landscaping plan is completed, vegetation is sufficiently established and structural best management practices (BMPs), such as silt fence and straw bales, are removed from the site. (ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed organic matter such as, but not limited to, compost, composted horse manure or composted chopped straw or hay. Straw tackifier or matting on steep slopes is required to prevent soil erosion. The addition of decomposed organic matter is also required prior to turf installation. (76) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. If weather conditions prevent installation, the property owner shall post a financial guarantee for the improvements. The guarantee shall be released upon completion and acceptance of the installation of the landscape improvements. (87) Maintenance. All landscape improvements shall be maintained and replaced by the property owner as necessary. All property owners shall be responsible for maintenance of landscape improvements within the public ROW between the back of curb or street pavements and the adjacent property. Page 9 Exhibit A 8.36.100 - Abatement of noxious weeds and diseased trees. (a) Entry and inspection. The Town shall have the right to enter upon any property for the purpose of inspection if verbal permission is granted by the property owner to enter such property. If verbal permission is not granted to the Town by the property owner, the Town shall have the right to enter upon any property after providing notice to the property owner by sending such notice via certified mail to the address of record according to the County Assessor's Office. In addition to sending notice of inspection by certified mail, the Town may send such notice by other practical means. If, after ten (10) days, the property owner does not respond or denies access, the Town may seek an inspection warrant in accordance with Section 35-5.5-108.5(4)(b), C.R.S. Upon obtaining a valid inspection warrant, the Town may enter the property between the hours of 7:00 a.m. and 8:00 p.m. (b) Notice of eradication of noxious weeds. If the Town finds the presence of noxious weeds upon inspection of the property, the Town shall provide a notice of eradication to the property owner. The notice of eradication shall be sent by certified mail to the address of record according to the County Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified period or condition, shall state the integrated noxious weed management techniques prescribed in the Town of Avon Noxious Weed Management Plan and shall advise the property owner that the property has five (5) days from the date of mailing notice of eradication to submit a plan and schedule acceptable to the Town for the completion of the management objective. (c) Eradication of noxious weeds by property owner. Within five (5) days after the Town sends the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of any plan and schedule for completion of the management objective shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. Notice of correction of diseased trees. If the Town finds the presence of diseased trees which risk infecting other trees upon inspection of the property, the Town shall provide a notice stating the existing conditions and the necessary corrections to the property owner. The notice of correction shall be sent by certified mail to the address of record according to the County Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The notice of correction shall identify the impacted trees, shall advise the property owner of the management objective within a specified period or condition, and shall advise the property owner that the property has sixty (60) days from the date of receiving notice of eradication to submit a plan and schedule acceptable to the Town for the completion of the management objective. Active treatment or removal of diseased trees by property owner. Within sixty (60) days after the property owner receives notice of correction, the property owner shall comply with the terms of the notification of correction or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of any plan and schedule for completion of the management objective shall be to limit the spread of infections to other trees and to preserve the aesthetic of the Town. Page 10 Exhibit A (d) Abatement. In the event the property owner fails to comply with the notice to eradicate correct the identified issue noxious weeds and implement an appropriate noxious weed eradication program or correction program for diseased trees, the Town may enter upon the property, take such actions as deemed necessary to eradicate the noxious weeds, or treat, or otherwise remove the diseased tree(s) and abate the public nuisance. The Town may assess the whole cost of eradication and abatement, including up to one hundred percent (100%) of inspection, eradication, treatment, and other incidental costs, including but not limited to administrative and legal costs. In addition, the Town may assess an additional five percent (5%) of the whole costs of eradication and abatement in accordance with Section 31-15-401(1)(d), C.R.S. The assessment shall be a lien on the property and may be certified to the Clerk of the County Treasurer, who shall collect the assessment in the same manner as other taxes, in accordance with Sections 31-15-401 and 31-20-105, C.R.S. Page 11 Exhibit A July 10, 2017 Mr. John Shepard Senior Director of Programs Sonoran Institute Transmitted Via E-mail to jshepard@sonoraninstitute.org Dear Mr. Shepard, I am pleased to submit the following application for the Growing Water Smart Workshop on the Integration of Land Use and Water Planning on behalf of the Eagle River Water & Sanitation District, the Upper Eagle Regional Water Authority, the Town of Avon, and Eagle County. The Eagle River Water and Sanitation District is a Special District that provides drinking water to the Town of Vail and provides full contract water operation and management services for the Upper Eagle Regional Water Authority which provides drinking water to the Town of Avon as well as unincorporated areas of Eagle County including the communities of Eagle-Vail, Edwards, Bachelor Gulch, Beaver Creek, Berry Creek, Arrowhead and Cordillera. The District and Authority’s integrated water treatment and distribution system serves upwards of 60,000 residents and tourists in Eastern Eagle County and is the second largest municipal water system on the Western Slope of Colorado. The District and Authority’s water supply is derived from groundwater and surface water sources that include the Gore Creek and the Eagle River. This supply is largely dependent upon natural stream flows, mountain snowpack, and in- basin reservoirs that provide augmentation storage, which can be extremely variable as evidenced by severe droughts in 2002 and 2012. The 2016 Colorado Water Plan projected that the state population will double by 2050, which will lead to a projected municipal gap between water supply and water demands. At the local level, the State Demographer predicts that Eagle County’s population will grow by more than 41,000 residents over the next 24 years. Facing an uncertain future water supply due to the impacts of climate change and rapid population growth, the District and Authority recognize the critical importance of working collaboratively with our local land use authorities (LUAs) to ensure that new and existing developments make efficient use of our water supply in order to sustain the future growth of our local communities and protect our water supply against the effects of climate change. We are excited for the opportunity to attend this workshop with representatives of our local LUAs with the goal of developing an actionable plan to integrate water supply planning and land use decisions. District staff have reached out to and have assembled a roster of key policy and decision makers and management from our local LUAs to team up with us for this application that are dedicated to advancing the integration of land use and water planning. The following is a roster of the proposed team. You may click the names of proposed attendees to view additional details on their LinkedIn Profiles. • Kathy Chandler-Henry (Eagle County Commissioner) – Kathy has served as a commissioner for Eagle County since 2013, and is passionate about her advocacy for Western Slope water. Kathy has previously served on the Eagle River Watershed Council, and currently serves as the Eagle County representative to: the Northwest Colorado Council of Governments’ Water Quality/Quantity Committee, Reudi Reservoir Water and Power Authority, the Colorado River Water Conservation District Board of Directors, and the Colorado River Basin Roundtable. Exhibit B Page 2 of 4 • Ray Merry (Eagle County Environmental Health Director) – Ray has been with Eagle County for over 27 years and in addition to administering core environmental health functions, has played a key role in minimizing environmental impacts caused by changes in land use. He has extensive technical knowledge of water quality/quantity and how changes can affect local economy and quality of life. • Damian Peduto (Eagle County Community Development Director) – Damian recently joined Eagle County as the new Community Development Director after serving in the same role for La Plata County for 5 years. Prior to that he directed the Community Development Services Department for the Town of Juno Beach, Florida for 15 years. Damian brings 23 years of experience in land use, planning, and water supply issues to the team. • Matt Pielsticker (Town of Avon Planning Director) – Matt manages the Town of Avon’s Community Development Department, which is responsible for developing, implementing and enforcing Town land use policies, ordinances, and regulations, reviewing and processing development permits, and long range master planning. • Jason Cowles (Eagle River Water & Sanitation District Engineering Manager) – Jason manages the District’s Engineering Department, which is responsible for the evaluation of water service to new developments, water supply planning, water system master planning, environmental permitting, and capital improvements. He is also the chairman of the Town of Eagle’s Planning and Zoning Commission, which he has served on for over 5 years. He has 20 years of experience in land development, land use, and water supply planning. • Maureen Egan (Eagle River Water & Sanitation District Water Demand Management Coordinator) – Maureen has served as the District’s Water Demand Management Coordinator since May 2016. She has a Master’s Degree in Natural Resource Management and 10 years of experience in water quality and permitting. In her current role, Maureen has worked with land use authorities to increase coordination around land use decisions and water supply planning. She is working to develop the first Water Efficiency Plan for the Upper Eagle Regional Water Authority and is currently piloting a program to investigate water budgeting for the Authority’s customers. • Micah Schuette (Eagle River Water & Sanitation District Planner) – Micah is working towards a Master’s Degree in Water Resource Engineering, and was recently hired to fill the planner for the District this past year. Micah’s research into water use by multi-family, workforce housing has triggered a re-evaluation of the water demands of new housing developments in Eagle County and has aided recent conversations between the District and LUAs on the nexus between land use and water supply planning. Community Challenge Statement The District and Authority have allocated water rights and augmentation storage necessary to meet their obligations to serve existing land uses within their service areas, as well as a pool of unallocated water rights that have been reserved to meet the demands of new development and redevelopment projects. Recent estimates of the Authority’s water rights portfolio place the Authority’s pool of unallocated water rights at approximately 310 acre-feet. Projections of water demands for recent development proposals in unincorporated Eagle County could reduce the Authority’s pool of unallocated water rights to approximately 86 acre-feet. The District’s service area includes the largely undeveloped Wolcott area which has two approved Planned Unit Developments proposed for a total of 877 single family equivalents Exhibit B Page 3 of 4 of residential and commercial use. Water supply for the Wolcott area developments will require the dedication of historical consumptive use credits associated with the properties and a commitment of in- basin storage from the District’s unallocated water rights for augmentation of non-irrigation season consumptive uses. Facing development pressures on their water supply and uncertainty due to the variability of climate change, the District and Authority’s Boards have identified two priorities to ensure that they can provide a sustainable water supply for the future growth of the communities they serve by pursuing the development of additional in-basin reservoir storage and implementing a Water Demand Management Program. The District and Authority Boards adopted the Water Demand Management Plan (see attached) in 2014, the purpose of which is to use water more efficiently over time, in order to use the existing supply to serve an expanding population, while protecting water rights and the natural water resource. The plan specifically identifies coordination with LUAs in approval processes, outdoor landscape planning, and development of land use ordinances as a means of achieving the District and Authority’s water demand management goals. A full-time Water Demand Management Coordinator was hired in 2016 to develop the program, with the 2014 plan providing the framework. For the past year, District staff has held quarterly coordination meetings with County staff to develop a process for integrating water service agreement considerations into land use approvals. District staff coordinated with the County to include water efficiency elements in the recently adopted Edwards Area Community Plan, including a strategy item to work with the district to promote water conservation and efficiency in all new developments and to periodically evaluate and update building codes, landscaping codes and land use regulations to assure best practices for water efficiency are being employed. District staff also recently coordinated with Avon planning staff and the Town’s Planning and Zoning Commission to support the Town’s 2017 Strategic Plan initiative to develop outdoor landscape guidelines/regulations to promote efficient outdoor water use. In 2016, the District and Authority applied for and received a grant from the Colorado Water Conservation Board for development of a regional Water Efficiency Plan. The plan is expected to be completed in 2018 and will be the first Water Efficiency Plan for the Authority. Further coordination with LUAs is expected to be identified as a priority program within the plan and LUAs will have an opportunity to provide input on the draft. This workshop provides an excellent opportunity to bring District staff together with representatives of the Town of Avon and Eagle County to further develop a plan of action to address the integration of water supply planning and land use in a facilitated environment. One of the significant challenges that we face is the enforcement of water use in developments. Water use by several built out developments within the Authority’s service area have far exceeded their initial water demand projections, thereby reducing the unallocated pool of water available to sustain future development. It’s critical that the District and Authority, as the water providers, work closely with local LUAs to incentivize efficiency in new and existing developments in order to reduce water demands over time, and to accurately forecast and communicate the water demands of new development proposals so that the LUAs can fully understand their impact on the regional water supply and the environment during the approval processes. We hope that our attendance at the workshop will result in a framework for land use approvals that will ensure that forecasted water demands of development are: adhered to through enforceable landscaping standards, irrigation efficiency standards, and water use standards such as water budgets; enforced by the LUA and Water Provider at the issuance of building permits, water taps, and certificates of occupancy; and monitored over the life of the development by the Water Provider. Exhibit B Page 4 of 4 We greatly appreciate the opportunity to assemble this roster for your consideration, and are hopeful that you will select our team for attendance at the workshop. If you have any questions about our application, please contact me directly at (970) 477-5111 or at jcowles@erwsd.org. Sincerely, Jason Cowles Engineering Manager Eagle River Water & Sanitation District Cc: Kathy Chandler-Henry Damian Peduto Ray Merry Matt Pielsticker Maureen Egan Micah Schuette Exhibit B