TC Packet 09-12-2017
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 12, 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 SEPTEMBER 12, 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. ACTION ITEMS
5.1. FIRST READING OF ORDINANCE 17-08, ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL
CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND
PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE (DEPUTY TOWN MANAGER PRESTON NEILL)
(40 MINUTES)
5.2. FIRST READING ORDINANCE 17-10, ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL
CODE ESTABLISHING PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM
(DEPUTY TOWN MANAGER PRESTON NEILL) (40 MINUTES)
5.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-12, AMENDING THE TOWN’S LANDSCAPE CODE
(PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES)
5.4. PUBLIC HEARING SECOND READING OF ORDINANCE 17-11, ANNEXING THE EAST AVON PRESERVE
(TOWN ATTORNEY ERIC HEIL) (15 MINUTES)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 12, 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
5.5. PUBLIC HEARING SECOND READING OF ORDINANCE 17-13, APPROVING PUBLIC FACILITIES AND PARKS ZONING
FOR THE EAST AVON PRESERVE (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES)
5.6. APPROVAL OF MINUTES FROM AUGUST 22, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
(5 MINUTES)
6. WORK SESSION
6.1. COUNCIL DISCUSSION REGARDING WHETHER TO PROVIDE DIRECTION TO THE PLANNING & ZONING
COMMISSION TO EXPAND THE SHORT TERM RENTAL OVERLAY DISTRICT TO RESIDENTIAL UNITS ALONG
NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER) (35 MINUTES)
7. WRITTEN REPORTS
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES)
9. 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, SEPTEMBER 12, 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. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: DILLON COMPANIES, INC. D/B/A CITY MARKET NO. 26
LOCATION: 0072 BEAVER CREEK PLACE
TYPE: 3.2 % BEER OFF PREMISES
MANAGER: JEFF GENTILINI
4.2. APPLICANT: KRUSEN, INC. D/B/A AVON LIQUORS
LOCATION: 100 W. BEAVER CREEK BLVD.
TYPE: LIQUOR STORE
MANAGER: BRIAN KRUSE
4.3. APPLICANT: R&E ENTERPRISE, INC. D/B/A GONDOLA PIZZA
LOCATION: 240 CHAPEL PLACE #113
TYPE: HOTEL AND RESTAURANT
MANAGER: CLAUDIU POPA
5. MINUTES FROM AUGUST 22, 2017
6. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 22, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Board members
present were Scott Prince, Jake Wolf, Amy Phillips and Megan Burch. Sarah Smith Hymes and Matt
Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy
Police Chief Colby Cosper, Assistant Town Manager Scott Wright, Recreation Director John Curuchet,
Planning Director Matt Pielsticker, Deputy 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: 00:52 Part One
4.1. Applicant Name: Town of Avon
Event Name: Ben Harper & The Innocent Criminals
Event Date: September 15, 2017; 4:00 p.m. until 9:30 p.m.
Location: Performance Pavilion/Nottingham Park
Event Manager: Casey Willis
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Ted Wenninger, Optimum Events & Enterainment, who was present to
answer questions and talk about the event. Chairwoman Fancher opened the public hearing and no
comments were made.
Board member Burch moved to approve the special event permit applicaton for the Town of Avon Ben
Haper & The Innocent Criminals event on September 15, 2017. Board member Wolf seconded the motion
and it passed unanimously by those present. Vice Chairwoman Smith Hymes and Board member Gennett
were absent.
5. RENEWAL OF LIQUOR LICENSES
Start time: 02:35 Part One
5.1. Applicant: Chair Four, LLC. d/b/a Vin 48
Location: 48 E. Beaver Creek Blvd.
Type: Hotel and Restaurant
Manager: Collin Baugh
The application was presented with no concerns. Board member Phillips moved to approve the
renewal application for Chair Four, LLC d/b/a Vin 48. Board member Prince seconded the motion and it
passed unanimously by those present. Vice Chairwoman Smith Hymes and Board member Gennett were
absent.
5.2. Applicant: Suncor Energy Sales, Inc. d/b/a Shell
Location: 47 Nottingham Road
Type: 3.2 % Beer Off Premises
Manager: Anakut Loya
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 22, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
The application was presented with no concerns. Board member Phillips moved to approve the renewal
application for Suncore Energy Sale, Inc. d/b/a Shell. Board member Burch seconded the motion and it
passed unanimously by those present. Vice Chairwoman Smith Hymes and Board member Gennett were
absent.
6. REPORT OF CHANGES - CORPORATION MASTER FILE
Start time: 04:00 Part One
6.1. Applicant: Walmart Stores, Inc. d/b/a Walmart Supercenter #119
Location: 171 Yoder Avenue
Manager: Samuel Pothier
Board member Burch moved to approve the report of change for Walmart Stores, Inc. d/b/a/ Walmart
Supercenter #119. Board member Phillips seconded the motion and it passed unanimously by those
present. Vice Chairwoman Smith Hymes and Board member Gennett were absent.
7. MINUTES FROM AUGUST 8, 2017
Start time: 05:51 Part One
Board member Burch moved to approve the minutes from the August 8, 2017, Liquor Authority meeting.
Board member Phillips seconded the motion and it passed unanimously by those present. Vice
Chairwoman Smith Hymes and Board member Gennett were absent.
8. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the
liquor meeting. The time was 5:10 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: Preston Neill, Deputy Town Manager
Date: September 12, 2017
Agenda Topic: First Reading Ordinance 17-08, Adopting a New Chapter 8.38 of Title 8 of the Avon
Municipal Code Establishing Disposable Bag Requirements, including a Disposable
Paper Bag Fee and providing for the Collection and Designation of such Fee
ACTION BEFORE COUNCIL:
Before Council is action on First Reading of Ordinance 17-08, adopting a new Chapter 8.38 of Title 8
of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper
bag fee and providing for the collection and designation of such fee.
OPTIONS:
Options for Council consideration are outlined as follows:
• Approve Ordinance 17-08, as presented
• Approve Ordinance 17-08, modifying the Ordinance to reflect that a $0.10 fee on single-use
paper carryout bags will not be collected
• Approve Ordinance 17-08, modifying the Ordinance to reflect that a $0.10 fee will be applied
on the use of both single-use paper carryout bags and single-use plastic carryout bags at the
point of sale
• Do not approve Ordinance 17-08
PROPOSED MOTION:
“I move to approve [with or without modifications] First Reading of Ordinance 17-08, thereby
adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag
requirements, including a disposable paper bag fee and providing for the collection and designation
of such fee.”
SUMMARY:
In a work session on May 9, 2017, staff presented options and a recommended strategy to reduce the
use of single-use shopping bags in Avon. Council provided direction to staff to move forward in
drafting an ordinance containing the following elements:
• Ban on plastic bags
• $0.10 fee on paper bags
• Phased approach, similar to the Town of Vail
o Phase 1: Would apply to grocery stores only
o Phase 2: Would apply to all retail stores in Avon
• Fee collected is designated to a “waste reduction” line item for expenditures that are
intended to mitigate the effects of disposable bags. A portion of the fee is retained by
grocery stores for administration.
• A reasonable timeline for implementation
• Penalties for non-compliance
• Exemptions for produce bags, newspaper bags, laundry-dry cleaning bags, etc.
Similar to what the Town of Vail enacted in March 2015, the proposed Ordinance would enact a ban
on single-use plastic carryout bags at the point of sale, and require a fee of $0.10 be applied to single-
use paper carryout bags. A phased approach is proposed, with the first phase applying to grocery
stores only, and second phase applying to all other retailers. The proposed Ordinance, included as
Attachment 1, contains the following requirements:
• The first phase would go into effect on April 1, 2018. Effective April 1, 2018, all grocers shall
only offer either a reusable bag or a disposable paper bag to a consumer and it shall be
unlawful for any grocer to provide disposable plastic bags to customers at any point of sale.
• The second phase would go into effect on April 1, 2019. Effective April 1, 2019, all other
retailers shall only offer either a reusable bag or a disposable paper bag to a consumer and it
shall be unlawful for any retailer to provide disposable plastic bags to customers at any point
of sale.
• A consumer making a purchase from a grocer or retailer shall pay at the time of purchase a
Disposable Paper Bag Fee of $0.10 for each disposable paper bag used during a purchase.
• Grocers and retailers shall record the number of disposable paper bags provided to any given
customer and the total amount of the Disposable Paper Bag Fee charged to the customer on
the customer transaction receipt.
• No grocer or retailer may exempt a customer from any part of the Disposable Paper Bag Fee
for any reason.
• For the first 12 months following the effective date of the Disposable Paper Bag Fee, each
grocer and retailer may retain 20% of the Disposable Paper Bag Fee as a Vendor Fee to be
taken as a credit against the Disposable Paper Bag Fee due to the Town. Thereafter, the
entirety of all collected Disposable Bag Fees shall be remitted to the Town.
• The remaining portion of the Disposable Paper Bag Fee shall be paid to the Town and shall be
deposited as revenue in a designated waste reduction and reusable line item within the
Town's budget for uses that include, but are not limited to:
o Producing and providing free reusable bags to Town residents and guests;
o Educating Town residents, businesses and guests about the impacts of waste on the
Town's environmental health, the importance of reducing the number of disposable
bags entering the waste stream, and the impact of disposable bags on the Town's
waterways and the environment; and
o Creating public educational campaigns to raise awareness about waste reduction and
recycling.
• Grocers and retailers shall pay and the Town shall collect the Disposable Paper Bag Fee at the
same time and pursuant to all applicable provisions of the Town's sales tax code, and
consistent with all applicable sales tax provisions regarding sales tax administration,
collection and enforcement. The Town shall provide the necessary forms for grocers and
retailers to file individual returns with the Town separate from the Town's sales tax forms to
demonstrate compliance with the Disposable Paper Bag Fee.
• Retailers that refuse or neglect to comply with the regulations within the ordinance shall be
subject to penalties.
BACKGROUND:
Climate Action Plan and Strategic Plan
This proposed Ordinance stems from the Climate Action Plan for the Eagle County Community (CAP),
as well as the Town of Avon 2017-2019 Strategic Plan (Strategic Plan). The Council adopted the CAP on
December 13, 2016, and followed that up with approval of an Implementation Schedule for the CAP
on March 28, 2017. The Implementation Schedule details a “Reduce use of single use shopping bags
county-wide” program and recommends a one (1) year timeframe for implementation. The Strategic
Plan, adopted on July 25, 2017, details a “Tier 1 Priority” to “Consider legislation to end the use of
plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of
Avon.”
Single-Use Shopping Bags
The use of single-use shopping bags has severe environmental impacts on a local and global scale,
including greenhouse gas emissions, litter, harm to wildlife, atmospheric acidification, water
consumption and solid waste generation. A single-use shopping bag means any bag made of plastic,
paper, or other material that is provided by a store to a customer at the point of sale for the purpose
of transporting goods and is not a multiple use bag that is made of cloth, fiber or other machine
washable fabrics that is at least 2.25 mil thick and has a minimum life of over 75 uses and can carry
over 18 pounds. Numerous communities across the world and the nation, in order to reduce waste,
reduce carbon emissions, protect wildlife and ensure that the natural environment is improved, have
enacted legislation to reduce the use of single-use shopping bags. Please refer to the May 9, 2017,
Council packet to see a table that describes elimination and reduction strategies that have been
adopted by various communities in Colorado. Also in that packet is a list of states that have enacted
state legislation to reduce the use of plastic bags, as well as a list of countries that have enacted
some form of plastic bag ban or restriction.
Current Litigation
Colorado Union of Taxpayers Foundation v. City of Aspen – The Colorado Union of Taxpayers
Foundation has filed a lawsuit against the City of Aspen claiming that a bag free charge is a tax and,
therefore, subject to TABOR, and a public vote to enact. Town Attorney Eric Heil has reviewed the
status of the lawsuit and writes: “Both Trial Court and Appellate Court held that the “bag fee” was a
fee and not tax because it was for a specific purpose and service where the fee imposed was related
to the service to be provided and the revenues did not go into general fund revenues…Certiorari
was granted by the Supreme Court. Oral arguments were heard by the Supreme Court on June 7,
2017. A decision by the Supreme Court can be expected before the end of 2017. CML filed an Amicus
Brief (friend of the court) to support the holding that it is a fee, not a tax…As it bears on Avon, as of
today, a bag fee is legal. The Supreme Court could uphold or overturn this holding before the end of
the year, so there is some risk that if Avon adopts the ordinance now it could be overturned any
day.”
OUTREACH:
Avon City Market and Avon Walmart Statistics
Jeff Gentilini, the store manager of the Avon City Market, estimates that 80% of his store’s patrons
use plastic bags at the point of sale, while 10% use paper bags, and the other 10% use reusable bags.
When asked how many plastic bags the Avon City Market goes through in a single year, Mr. Gentilini
responded that the store goes through approximately 4,000 plastic bags per day, which amounts to
approximately 1.46 million plastic bags per year.
Sam Pothier, the store manager of the Avon Walmart, estimates that 90% of his store’s patrons use
plastic bags at the point of sale, while 10% use reusable bags. They do not offer paper bags. When
asked how many plastic bags the Avon Walmart goes through in a single year, Mr. Pothier responded
that the store goes through approximately 30,000 plastic bags per week, which amounts to
approximately 1.6 million plastic bags per year.
Town of Vail’s Kick the Bag Habit Program
Enacted by the Vail Town Council in March 2015, the first phase of Vail’s “Kick the Bag Habit”
program, which applies to grocery stores only, has been in effect since August 2015. Between August
2015 and June 2017, the Vail City Market issued at the point of sale an average of 14,121 paper bags
per month, while the Vail Safeway issued at the point of sale an average of 14,582 paper bags per
month.
Reusable Bags
If Council has interest in allocating money in the 2018 Budget for the purpose of developing and
providing to the public Town of Avon reusable bags, direction is requested at Tuesday’s meeting.
There are a plethora of websites that sell customizable reusable bags. Prices for customizable
reusable bags on these websites range from $0.53 per bag to $2.15 per bag, depending on size,
quality and material. In addition to allocating all or part of the $0.10 bag fee, the Town could solicit
sponsorships to help cover the cost of developing the reusable bags.
According to Kristen Bertuglia, the Town of Vail’s environmental sustainability manager, in
preparation for the first phase of their “Kick the Bag Habit” program, the Town of Vail spent
approximately $30,000 to have 30,000 reusable bags made. The bags were given out for free leading
up to the effective date of the first phase of the program.
The least expensive reusable bag sold at the Avon City Market is $0.99, while the cheapest reusable
bag sold at the Avon Walmart is $0.50.
Hotel Room Laundry Bags
At the May 9, 2017, work session, Council provided direction to staff to conduct research on hotel
room laundry/dry cleaning bags and whether any local governments have enacted legislation
prohibiting hotels from offering laundry/dry cleaning bags made of plastic to their guests. Staff has
not found any examples of this. Staff spoke with representatives of several hotels in Avon and the
following comments about laundry/dry cleaning bags were offered:
Christie Lodge
The Christie Lodge does not provide laundry bags to guests.
Comfort Inn
The Comfort Inn’s laundry bags are made of plastic and used infrequently.
Falcon Point Resort
Falcon Point does not offer laundry bags to guests.
Sheraton Mountain Vista
The Sheraton provides plastic laundry bags to guests but they are used infrequently.
Westin Riverfront Resort
The Westin provides plastic laundry bags to guests but they are used infrequently.
TOWN OUTREACH
Informational Letters
On June 22, 2017, a letter was emailed to a list of 425 business email addresses provided by the Avon
Finance Department. The letter was also hand delivered to a number of Avon retailers on June 30,
2017. The letter, included as Attachment 2, provided information about the proposed Ordinance and
how to submit written comments. The letter also indicated that First Reading of the Ordinance
would be on July 25, 2017. Subsequently, it was decided that First Reading would be postponed until
the September 12, 2017, Council meeting in order to provide for more time for staff to conduct
outreach and collect public input.
On August 16, 2017, another letter was emailed to the same list of business email addresses. The
letter, included as Attachment 3, detailed information about two public forums to give business
representatives and members of the public the opportunity to learn more about the Plastic Bag and
Polystyrene Reduction Initiatives. The letter also described the process for submitting comment on
the proposed Ordinances.
Public Forums
At the July 11, 2017, Council meeting, Council provided direction to staff to hold two public forums for
the purpose of presenting information about the Plastic Bag Reduction Ordinance, as well as the
Polystyrene Reduction Ordinance. Public forums were held on August 31 and September 6, 2017, in
the Green Room of the Avon Performance Pavilion. A handout, included as Attachment 4, was
prepared and distributed to those in attendance at both forums.
At the August 31 public forum, there were nine members of the public and three Council members in
attendance. Comments from the forum related to the Plastic Bag Reduction Ordinance included, but
were not limited to, the following:
• Split the bag fee 50/50 with the retailer.
• Retailers will resist the ban if they not only have to pay for more expensive bags, but then
turn the fee over to the Town.
• Consider an education campaign rather than an ordinance/ban to reduce the use of single-
use bags.
• Don't have any portion of the bag fee turned over to the Town.
• Use one implementation date for both grocers and retailers.
• Having grocery stores charge a fee for the bags/take out containers would shift the cost to
the consumer and heighten awareness.
At the September 6 public forum, there were seven members of the public and two Council
members in attendance. Comments from the forum related to the Plastic Bag Reduction Ordinance
included, but were not limited to, the following:
• This should be voluntary, not a mandate.
• The Avon City Market and Avon Walmart will lose business if this Ordinance passes as
presented.
• There is concern about loss of Town sales tax revenue in the event that folks decide to not
shop at Avon grocery stores or patronize Avon retail establishments as a result of this
Ordinance.
• The implementation and administration of the $0.10 fee on paper bags seems cumbersome.
• An incentive approach is more appealing than a ban.
Press Releases
The Town submitted a press release on August 22, 2017, that aimed to provide information about the
public forums for the Plastic Bag and Polystyrene Reduction Ordinances. In addition, the press
release detailed information about the September 12, 2017, first reading date. Another press release
was issued on September 8, 2017, serving as a reminder about first reading of both proposed
Ordinances.
Website, Social Media and Newspaper Ads
All information about proposed Ordinance 17-08 has been made available on the Town’s website
at www.avon.org/engage. Staff has submitted several posts about the proposed Ordinance on the
Town’s social media accounts. Information about the Plastic Bag Reduction Ordinance was also
included in the Town’s bi-weekly Town News ad on the following dates:
• May 8, 2017
• July 11, 2017
• July 24, 2017
• August 7, 2017
• August 21, 2017
• September 11, 2017
Grocery Store Outreach
Town staff toted a large board with information about the Plastic Bag Reduction Initiative at the
entrances to the Avon City Market and Avon Walmart on the following dates from 5:00 to 6:00 p.m.:
• July 7, 2017 | City Market
• July 13, 2017 | City Market
• July 14, 2017 | City Market
• July 19, 2017 | City Market
• August 3, 2017 | City Market
• August 10, 2017 | City Market
• August 14, 2017 | City Market
• September 7, 2017 | Walmart
• September 8, 2017 | Walmart
The purpose was to make City Market and Walmart patrons aware of the initiative and encourage
them to provide input to the Town Council. In speaking with grocery store patrons, staff heard
arguments for and against the proposed Ordinance. Comments for enacting the proposed Ordinance
centered on climate action, waste reduction, and reducing greenhouse gas emissions and the overall
impact to the environment. Comments against enacting the proposed Ordinance included the
following:
• The proposed fee is a tax and should be subject to a vote of the people.
• Most people reuse the plastic bags by repurposing them as trash bags or for dog waste
retrieval.
• The $0.10 fee on paper bags is an unnecessary incentive as more and more folks are using
reusable bags.
• A ban on plastic bags is too extreme. Incentivize grocery stores and other retailers by
offering a sales tax rebate if they elect to do away with offering plastic bags.
PUBLIC COMMENTS:
Written comments from members of the public on Ordinance 17-08 have been compiled and are
included as Attachment 5.
ATTACHMENTS:
Attachment 1: Ordinance 17-08
Attachment 2: Letter to Businesses dated July 1, 2017
Attachment 3: Letter to Businesses dated August 16, 2017
Attachment 4: Public Forum Handout
Attachment 5: Public Comments
Ord 17-08 FIRST READING – September 12, 2017 Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 17-08 ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG
REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND
PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter; and WHEREAS, the Town has a duty to protect the natural environment, the economy and
health of its citizens and guests and the Town is committed to environmental protection and
stewardship; and
WHEREAS, reducing the use of disposable bags has a positive impact on the local
environment of the Town, including reducing the potential for pollution in the environment,
greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and
solid waste generation; and
WHEREAS, through the adoption of the Town of Avon 2017-2019 Strategic Plan, the
Avon Town Council has made it a priority to consider legislation to end the use of plastic bags in
the Town of Avon; and
WHEREAS, through the adoption of the Climate Action Plan for the Eagle County Community, the Town aspires to work with other community stakeholders to reduce the
community’s overall greenhouse gas emissions by 25 percent by 2025, and by a minimum of 80
percent by 2015; and
WHEREAS, diverting plastic waste from the landfill is a cost effective and efficient ways of reducing greenhouse gas emissions resulting from energy and petroleum products used in
processing; and
WHEREAS, the Town Council believes that the best alternative to the continued use of
disposable bags is to promote the use of more durable, reusable bags; and WHEREAS, the Town Council finds and determines that prohibiting disposable plastic
bags and requiring a charge for the use of disposable paper bags at grocers and other retailers
would help address the environmental and health problems associated with such use, would
relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and would be in the best interest of the public health, safety and welfare.
ATTACHMENT 1
Ord 17-08 FIRST READING – September 12, 2017 Page 2 of 3
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Section 8.38 to Title 8 of the Avon Municipal Code. Title 8 of the
Avon Municipal Code is hereby amended by the addition of a new Chapter 8.38, to read as set
forth in Exhibit A: Addition of Section 8.38 to Title 8 of the Avon Municipal Code, attached
hereto.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
ATTACHMENT 1
Ord 17-08 FIRST READING – September 12, 2017 Page 3 of 3
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 12, 2017 and setting such public hearing for September 26, 2017 at
the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 26, 2017.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT 1
Page 1 of 4
EXHIBIT A: ADDITION OF CHAPTER 8.38 TO TITLE 8 OF THE AVON MUNICIPAL CODE CHAPTER 8.38 DISPOSABLE BAG REQUIREMENTS Section 8.38.010 Purpose and intent. Section 8.38.020 Definitions. Section 8.38.030 Restrictions on the distribution of disposable bags. Section 8.38.040 Disposable paper bag fee program. Section 8.38.050 Retention and administration of disposable paper bag fee. Section 8.38.060 Exemptions. Section 8.38.070 Audits. Section 8.38.080 Violations and penalties. 8.38.010 PURPOSE AND INTENT. The purposes of this Chapter are to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags. The intent of the Chapter is to encourage the use of reusable bags. 8.38.020 DEFINITIONS. For the purposes of this chapter, the following terms shall have the following meanings: DISPOSABLE PAPER BAG: a bag made predominately of paper that is provided to a customer by a Grocer at the point of sale for the purpose of transporting goods. DISPOSABLE PAPER BAG FEE: a Town fee of ten cents ($0.10) imposed and required to be paid by each consumer making a purchase from a Town Grocer for each disposable paper bag used during the purchase. DISPOSABLE PLASTIC BAG: a bag made from either non-compostable plastic or compostable plastic provided by a business to a customer at the point of sale for the purpose of transporting goods. The term "Disposable Plastic Bag" does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; 3. Reusable Bags; 4. Disposable Paper Bags; or 5. Bags used by consumers inside stores to: a. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; b. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; c. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; or d. Contain unwrapped prepared foods or bakery goods.
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GROCER: a retail business that is located in a permanent building in the Town containing at least four thousand (4,000) square feet of retail space, that operates year round as a full line, self-service market offering for sale staple foodstuffs, meats, produce, or other perishable items for off premises human consumption, but does not include businesses at which foodstuffs are an incidental part of the business. INCIDENTAL: When food sales comprise no more than two percent (2%) of the gross sales of the business in the Town as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. RETAILER: means any person, corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer. “Retailer” includes, without limitation, any department store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor. REUSABLE BAG: a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time; 2. Is made from a material that can be cleaned and disinfected regularly; 3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen (18) pounds. 8.38.030 RESTRICTIONS ON THE DISTRIBUTION OF DISPOSABLE BAGS. A. Effective April 1, 2018, all Grocers shall only offer either a Reusable Bag or a Disposable Paper Bag to a consumer pursuant to the fees established in section 8.38.050 of this chapter. B. Effective April 1, 2018, it shall be unlawful for any Grocer to provide Disposable Plastic bags to customers at any point of sale. Nothing in this section shall prohibit persons or Grocers from making reusable bags available to customers for sale or without cost. C. Effective April 1, 2019, Retailers shall only offer either a reusable bag or a disposable paper bag to a consumer pursuant to the fees established in section 8.38.050 of this chapter. D. Effective April 1, 2019, it shall be unlawful for any Retailer to provide disposable plastic bags to customers at any point of sale. Nothing in this section shall prohibit persons or Retailers from making reusable bags available to customers for sale or without cost. E. Violations of this Section shall subject the offending person and/or business to the penalties set forth in section 8.38.080 of this chapter. 8.38.040 DISPOSABLE PAPER BAG FEE PROGRAM. A. Effective April 1, 2018, a consumer making a purchase from a Grocer shall pay at the time of purchase a Disposable Paper Bag Fee of ten cents ($0.10) for each Disposable Paper Bag used during a purchase. B. Effective April 1, 2019, a consumer making a purchase from a Retailer shall pay at the time of purchase a Disposable Paper Bag Fee of ten cents ($0.10) for each Disposable Paper Bag used during a purchase. C. Grocers and Retailers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt.
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D. No Grocer or Retailer may provide a rebate or in any way reimburse a customer for any part of the Disposable Paper Bag Fee. E. No Grocer or Retailer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason except as provided in section 8.38.060 of this chapter. F. Nothing in this Chapter shall prohibit Grocers or Retailers from providing incentives for the use
of reusable bags through credits or rebates for customers who bring their own bags to the point
of sale for the purpose of carrying away goods.
G. Nothing in this Chapter shall prohibit customers from using bags of any type that the customers
bring into the store or from carrying away goods purchased by such customers that are not
placed in a bag.
H. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper
Bag Fee program, prior to its respective effective date, by providing notice to the Town of Avon
and collecting the Disposable Paper Bag Fee pursuant to this Chapter.
8.38.050 RETENTION AND ADMINISTRATION OF DISPOSABLE PAPER BAG FEE. A. For the first twelve (12) months following the respective effective date of the Disposable Paper Bag Fee, each Grocer and Retailer may retain twenty percent (20%) of the Disposable Paper Bag Fee as a collection and remittance expense ("Vendor Fee") to be taken as a Grocer and Retailer credit against the Disposable Paper Bag Fee due to the Town. Thereafter the entirety of all collected Disposable Bag Fees shall be remitted to the Town. B. Any Vendor Fee retained by a Grocer and Retailer shall be used to: 1. Provide educational information to customers about the Disposable Paper Bag Fee; 2. Train staff in the implementation and administration of the Disposable Paper Bag Fee; and 3. Improve or alter infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee. C. The remaining portion of the Disposable Paper Bag Fee shall be paid to the Town and shall be deposited as revenue in a designated waste reduction and reusable line item within the Town's budget for the following purposes such as, but not limited to: 1. Producing and providing reusable bags to Town residents and guests; 2. Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; 3. Creating public educational campaigns to raise awareness about waste reduction and recycling; 4. Funding programs and infrastructure that allows the Avon community to reduce waste and recycle; 5. Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; 6. Funding community cleanup or collection events and other activities to reduce waste; 7. Maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; and 8. Paying for the administration of the Disposable Paper Bag Fee Program.
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D. A Grocer and Retailer shall pay and the Town shall collect the Disposable Paper Bag Fee at the same time and pursuant to all applicable provisions of the Town's sales tax code, and consistent with all applicable sales tax provisions regarding sales tax administration, collection and enforcement. The Town shall provide the necessary forms for Grocers and Retailers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag Fee. Notwithstanding the fact that the Disposable Paper Bag Fee will be collected in the same time and manner used for the collection of sales tax, such process is for the convenience of the Grocer and Retailer and does not change the nature of the Disposable Paper Bag Fee from a fee to a tax. E. Disposable Paper Bag Fees shall not supplant funds appropriated as part of an approved annual budget. F. No Disposable Paper Bag Fees shall revert to the General Fund at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this Chapter without regard to fiscal year limitation. 8.38.060 EXEMPTIONS. A. A Grocer or Retailer may provide a Disposable Paper Bag to a customer with no fee if the customer provides proof that he or she is a participant in a federal or state Food Assistance Program. B. A retail liquor store, as defined in Colorado Revised Statutes section 12-47-103(31), may provide a Disposable Paper Bag to a customer with no fee if the Disposable Paper Bag is provided for the containment of carry-out alcoholic beverages as defined in Colorado Revised Statutes section 12-47-103(2). 8.38.070 AUDITS. A. Each Grocer or Retailer shall maintain accurate and complete records of the Disposable Paper Bag Fees collected under the provisions of this Chapter and the number of Disposable Paper Bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. It shall be the duty of each Grocer and Retailer to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records. B. If requested, each Grocer or Retailer shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with the provisions of this Chapter. To the extent permitted by law, all such records shall be treated as confidential commercial information. 8.38.080 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil
infraction for each and every day or portion thereof during which any infraction is committed, continued
or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
July 1, 2017
ATTENTION AVON RETAILERS
NOTICE OF FIRST READING OF A
PROPOSED ORDINANCE PROHIBITING RETAILERS FROM
PROVIDING PLASTIC BAGS AT THE POINT OF SALE
Dear Avon Retailer:
The Avon Town Council is proposing the adoption of a new ordinance that would enact a ban on certain
disposable plastic bags and require a charge of ten cents for the use of disposable paper bags. As a business
potentially affected by the ban, you are encouraged to learn about the program. We understand that you may
have concerns and questions about the impact of this new program to your business. The Town urges you to
encourage your customers to shop with machine washable, reusable bags. It is important to the Town
Council that you are aware of the proposal and have the opportunity to become informed of the changes and
participate in the discussion. The following information is intended to meet those objectives. Information on
the Town Council’s first review of the ordinance on July 25, 2017, is provided at the end of this memo,
including how to provide your comments.
Thank you,
The Town of Avon
____________________________________________________________________
PROJECT SUMMARY:
The proposed ordinance would prohibit retailers from providing disposable plastic carryout shopping bags to
consumers and require retailers to charge a fee of ten cents for the use of disposable paper bags. A phased
approach is proposed, with the first phase applying to grocery stores only, and second phase applying to all
other retailers. Some of the elements included in the proposed ordinance are as follows:
Effective January 1, 2018, all grocers shall only offer either a reusable bag or a disposable paper bag
to a consumer. Effective January 1, 2018, it shall be unlawful for any grocer to provide disposable
plastic bags to customers at any point of sale.
Effective January 1, 2019, all other retailers shall only offer either a reusable bag or a disposable
paper bag to a consumer. Effective January 1, 2019, it shall be unlawful for any retailer to provide
disposable plastic bags to customers at any point of sale.
Consumers making a purchase shall pay at the time of purchase a disposable paper bag fee of ten
cents ($0.10) for each disposable paper bag used during a purchase.
For the first twelve (12) months following the effective date of the disposable paper bag fee, each
retailer may retain twenty percent (20%) of the disposable paper bag fee as a collection and
remittance expense to be taken as a credit against the disposable paper bag fee due to the Town.
Thereafter the entirety of all collected disposable bag fees shall be remitted to the Town.
Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject
penalties.
Exemptions apply to bags such as newspaper bags, laundry-dry cleaning bags, produce bags, and
more.
To see the proposed ordinance in its entirety, go to www.avon.org/engage.
BACKGROUND:
The Town Council adopted the Climate Action Plan for the Eagle County Community (CAP) in December
2016, and followed that up with approval of an Implementation Schedule for the CAP in March 2017. The
Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and
recommends a one (1) year timeframe for implementation. In addition, the Town Council adopted the Town
of Avon 2017-2018 Strategic Plan Update in February 2017, which identifies a “Tier 1” priority to “Consider
legislation to end the use plastic bags…by retailers and restaurants in the Town of Avon.”
The use of disposable plastic carryout shopping bags has severe environmental impacts on a local and global
scale, including greenhouse gas emissions, litter, harm to wildlife, and solid waste generation. The purpose
of the ordinance is to reduce plastic waste by eliminating unnecessary disposable plastic shopping bags and
achieve the Town’s environmental objectives.
JULY 25, 2017 FIRST READING:
First reading of the ordinance is scheduled for July 25, 2017, at 5:00 p.m. in the Town Council Chambers at
Town Hall, 1 Lake Street, Avon, Colorado.
PUBLIC COMMENT:
The Town Council will take public comment at first reading of the ordinance on July 25, 2017. Written
comments may also be submitted prior to July 24, 2017, at 5:00 pm. Comments should be emailed to Debbie
Hoppe, Town Clerk, at dhoppe@avon.org. All submitted comments will be included in the public record and
will be reviewed by the Town Council. If you have questions, please contact Preston Neill, Executive
Assistant to the Town Manager, at pneill@avon.org or (970)748-4404. More information on this initiative is
available at www.avon.org/engage.
Post Office Box 975 One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
August 16, 2017
Dear Avon Retailer:
As you may already be aware, the Avon Town Council is proposing the adoption of two new ordinances. The first
would enact a ban on certain disposable plastic bags and require a charge of ten cents for the use of disposable paper
bags. The second would prohibit food vendors from using polystyrene-based disposable food service ware
(polystyrene food containers). As a business potentially affected by these prohibitions, you are encouraged to learn
about these proposed ordinances.
First reading of both proposed ordinances are scheduled for action at the regular September 12, 2017, Town Council
Meeting. If Council passes one or both of the ordinances at the meeting, the public hearing for second reading can be
anticipated to be heard at the September 26, 2017, Town Council Meeting.
It is important to the Town Council that you are aware of the proposals and have the opportunity to become informed
of the changes and participate in the discussion. To meet this objective, the Town of Avon will be holding two public
forums to give business representatives and members of the public the opportunity to learn more about the plastic
bag and polystyrene reduction initiatives. Each forum will begin with a presentation, followed by a Q&A.
The public forums are scheduled as follows:
All information about the two ordinances can be found on the Town’s website at www.avon.org/engage.
How to provide comment on the proposed ordinances:
Attend and speak at the September 12th Council Meeting. The agenda will be posted online on Friday,
September 8, 2017, at www.avon.org/councilpacket.
Email comments to Town Clerk Debbie Hoppe at dhoppe@avon.org.
If you have any questions, please feel welcome to email pneill@avon.org or call (970)748-4404.
Thank you,
Preston Neill
Deputy Town Manager
Town of Avon
NOTICE OF PUBLIC FORUMS
FOR PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES
ATTENTION AVON RETAILERS
THURSDAY, AUGUST 31, 2017
AVON PERFORMANCE PAVILION
GREEN ROOM
2:00 P.M.
WEDNESDAY, SEPTEMBER 6, 2017
AVON PERFORMANCE PAVILION
GREEN ROOM
2:00 P.M.
AGENDA
1. WELCOME
2. OVERVIEW OF PLASTIC BAG REDUCTION ORDINANCE
3. QUESTIONS AND COMMENTS
4. OVERVIEW OF POLYSTYRENE REDUCTION ORDINANCE
5. QUESTIONS AND COMMENTS
6. REMINDER: FIRST READING OF BOTH ORDINANCES IS
SEPTEMBER 12, 2017
PLASTIC BAG REDUCTION ORDINANCE
WHAT IS BEING PROPOSED?
Similar to what the Town of Vail did in 2015, the Avon Town Council
is proposing the adoption of a new ordinance that would enact a
ban on single-use disposable plastic carryout bags at the point of
sale, and require a fee of $0.10 be applied to single-use paper
carryout bags.
A phased approach is proposed, with the first phase applying to
grocery stores only, and second phase applying to all other retailers.
Key Elements of the Disposable Paper Bag Fee Program:
A consumer making a purchase from a grocer or retailer
shall pay at the time of purchase a Disposable Paper Bag
Fee of $0.10 for each disposable paper bag used during a
purchase.
Grocers and retailers shall record the number of
disposable paper bags provided to any given customer and
the total amount of the Disposable Paper Bag Fee charged
to the customer on the customer transaction receipt.
No grocer or retailer may exempt a customer from any
part of the Disposable Paper Bag Fee for any reason.
For the first 12 months following the effective date of the
Disposable Paper Bag Fee, each grocer and retailer may
retain 20% of the Disposable Paper Bag Fee as a Vendor
Fee to be taken as a credit against the Disposable Paper
Bag Fee due to the Town. Thereafter, the entirety of all
collected Disposable Bag Fees shall be remitted to the
Town.
The remaining portion of the Disposable Paper Bag Fee
shall be paid to the Town and shall be deposited as
revenue in a designated waste reduction and reusable line
item within the Town's budget for uses that include, but
are not limited to:
Producing and providing reusable bags to Town
residents and guests;
Educating Town residents, businesses and guests
about the impacts of waste on the Town's
environmental health, the importance of
reducing the number of disposable bags entering
the waste stream, and the impact of disposable
bags on the Town's waterways and the
environment; and
Creating public educational campaigns to raise
awareness about waste reduction and recycling.
Grocers and retailers shall pay and the Town shall collect
the Disposable Paper Bag Fee at the same time and
pursuant to all applicable provisions of the Town's sales
tax code, and consistent with all applicable sales tax
provisions regarding sales tax administration, collection
and enforcement. The Town shall provide the necessary
forms for grocers and retailers to file individual returns
with the Town separate from the Town's sales tax forms to
demonstrate compliance with the Disposable Paper Bag
Fee.
Retailers that refuse or neglect to comply with the
regulations within the ordinance shall be subject to
penalties.
IF PASSED, WHEN WOULD IT GO INTO EFFECT?
The Town recognizes that this ordinance would enact several
significant changes for grocers and retailers. The Town is interested
in allowing for an adequate amount of time for grocery stores and
other retailers to adjust to and implement these changes.
The first phase, which would apply to grocery stores only, would go
into effect on April 1, 2018. Effective April 1, 2018, all grocers shall
only offer either a reusable bag or a disposable paper bag to a
consumer and it shall be unlawful for any grocer to provide
disposable plastic bags to customers at any point of sale.
The second phase, which would apply to all other retailers, would go
into effect on April 1, 2019. Effective April 1, 2019, all other retailers
shall only offer either a reusable bag or a disposable paper bag to a
consumer and it shall be unlawful for any retailer to provide
disposable plastic bags to customers at any point of sale.
Any store or business in the Town may voluntarily opt to participate
in the Disposable Paper Bag Fee program prior to their respective
effective date, by providing notice to the Town of Avon and
collecting the Disposable Paper Bag Fee pursuant to this Chapter.
WHY IS IT BEING PROPOSED?
The Town Council adopted the Climate Action Plan for the Eagle
County Community (CAP) in December 2016, and followed that up
with approval of an Implementation Schedule for the CAP in March
2017. The Implementation Schedule details a “Reduce use of single
use shopping bags county-wide” program and recommends a one
(1) year timeframe for implementation. In addition, the Town
Council adopted the Town of Avon 2017-2019 Strategic Plan
(Strategic Plan) in July 2017, which identifies a “Tier 1” priority to
“Consider legislation to end the use plastic bags…by retailers and
restaurants in the Town of Avon.” Through the adoption of the CAP
and approval of an implementation plan to meet the objectives of
the CAP, the Town has become recognized as a leader in its
commitment to addressing climate change at the local level.
The use of disposable plastic carryout shopping bags has severe
environmental impacts on a local and global scale, including
greenhouse gas emissions, litter, harm to wildlife, and solid waste
generation. The purpose of the ordinance is to reduce plastic waste
by eliminating unnecessary disposable plastic shopping bags and
achieve the Town’s environmental objectives.
PUBLIC FORUM
PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES
August 31, 2017
REUSABLE BAGS
The Town urges grocers and retailers to encourage their customers
to shop with machine washable, reusable bags. To aid the transition
process and pending Town Council approval of the ordinance, the
Town plans to budget approximately $30,000 in FY2018 for the
purpose of designing and producing Town of Avon reusable bags to
give out for free in the time leading up to the April 1, 2018, effective
date. The $30,000 allocation is subject to Town Council approval
during the adoption of the 2018 Town Budget, currently scheduled
for October 24, 2017.
POLYSTYRENE REDUCTION ORDINANCE
WHAT IS BEING PROPOSED?
The Avon Town Council is proposing the adoption of a new
ordinance that would prohibit food vendors from using polystyrene-
based disposable food service ware (polystyrene food containers).
The proposed ordinance would prohibit food vendors within the
Town of Avon from using polystyrene-based disposable food service
ware when providing prepared food. Prepared food means food or
beverages, which are serviced, packaged, cooked, chopped, sliced,
mixed, brewed, frozen, squeezed, or otherwise prepared. Food
vendor is defined as any vendor, business, organization, entity,
group or individual, including licensed retail food establishments,
that provides prepared food at a retail level. This includes all types
of food establishments, full service restaurants as well as fast food
restaurants. Food vendors would be prohibited from using
disposable food service ware, including but not limited to plates,
cups, bowls, trays and hinged or lidded containers, also known as
clamshells, that are polystyrene-based. This does not include straws,
utensils, or cup lids nor does it include disposable packaging for
unprepared foods. The proposed ordinance does not affect
prepackaged foods, meaning any properly labeled processed food,
prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer.
The proposed Ordinance defines polystyrene-based as follows:
± Polystyrene-based means and includes expanded
polystyrene, which is a thermoplastic petrochemical
material utilizing a styrene monomer and process by any
number of techniques including, but not limited to fusion of
polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion-blow molding
(extruded foam polystyrene). The term “polystyrene” also
includes polystyrene that has been expanded or blown
using a gaseous blowing agent into a solid foam (expanded
polystyrene (EPS)), and clear or solid polystyrene known as
oriented polystyrene.
A food vendor may seek an exemption of up to one year if the
requirements of this proposed ordinance would cause undue
hardship. The guidelines for hardship would include:
± Situations unique to the food vendor where a suitable
alternative does not exist for a specific application; or
± Situations where no reasonable feasible available
alternative exists to a specific and necessary container
prohibited by this proposed Ordinance
Retailers that refuse or neglect to comply with the regulations
within the ordinance shall be subject to penalties.
IF PASSED, WHEN WOULD IT GO INTO EFFECT?
The Town recognizes that this ordinance would enact several
significant changes for restaurants. The Town is interested in
allowing for an adequate amount of time for restaurants to adjust to
and implement these changes. Town staff has proposed making
April 1, 2018, the effective date for this ordinance.
WHY IS IT BEING PROPOSED?
The adopted CAP reflects a strong commitment to reduce the
community’s greenhouse gas (GHG) emissions. The CAP also
includes details on programs, projects and policies that can be
undertaken to reduce GHG emissions. One of the recommended
policies, located in the “Waste and Landfill” section of Appendix A of
the CAP, is identified as “Packaging policies, get rid of Styrofoam.” In
addition, the adopted Strategic Plan includes a “Tier 1” priority to
“Consider legislation to end the use of plastic bags and non-
compostable take-out containers by retailers and restaurants in the
Town of Avon.”
Polystyrene foam is a common pollutant and a threat to natural
ecosystems that fragments into smaller, non-biodegradable pieces
that are difficult to clean up, as they are lightweight and easily
blown into streets and waterways. The litter also has the potential
to harm marine life and other wildlife.
A large portion of the conventional single-serve food service ware
used today is made from expanded polystyrene foam, which is
derived from petroleum. It takes a long time for polystyrene-based
disposable food service ware to deteriorate in the environment or a
landfill. In addition, it is usually heavily contaminated with food
residue after it is used, making it difficult to recycle. Efforts to
recycle used polystyrene-based food service ware have not been
successful because the costs of recycling it outweigh its market
value as a recycled product. Consequently, most curbside recycling
programs do not accept it.
ALTERNATIVE CONTAINERS
Alternatives to polystyrene-based disposable food service ware that
are less harmful to the environment include reusable containers and
compostable items made from sugarcane, potato starch, paper, and
corn-based plastic. These alternatives may sometimes be purchased
at competitive prices, but are typically 2 to 4 times more expensive
per unit compared to EPS products. Food vendors can offset these
costs by improving efficiency and reducing waste overall. Another
way for food vendors to recoup these costs would be for them to
impose a “take-out fee” on their customers. Exhibit 1 provides a
price comparison between various food service ware products made
of polystyrene and ones made out of compostable/ biodegradable
materials.
Well-performing compostable food ware is available from a variety
of manufacturers, typically through vendors that offer a wide array
of food service products. Exhibit 2 provides a list of vendors that sell
recyclable and compostable food service ware. If the proposed
ordinance is enacted, the list could help Avon food vendors that are
not currently in compliance with the proposed ordinance.
UPCOMING SCHEDULE AND HOW TO PROVIDE COMMENT
First reading of both proposed ordinances are scheduled for action
at the regular September 12, 2017, Town Council Meeting. If Council
passes one or both of the ordinances at the meeting, the public
hearing for second reading can be anticipated to be heard at the
September 26, 2017, Town Council Meeting.
To provide comment on the proposed ordinance:
Attend and speak at the September 12th Council Meeting.
The agenda will be posted online on Friday, September 8,
2017, at www.avon.org/councilpacket.
Email comments to Town Clerk Debbie Hoppe at
dhoppe@avon.org.
All information about the two ordinances can be found on the
Town’s website at www.avon.org/engage.
From: Brad Zoller [mailto:bradzoller@gmail.com]
Sent: Thursday, May 11, 2017 9:50 AM
To: Avon Council Web
Subject: plastic bags idea
Here's an idea for plastic bag reduction:
Charge a 5 cent fee/tax/whatever at the store so we reduce them rather than eliminate them. I think
this would keep us from upsetting tourists. It would also not use paper bags (which use many more
natural resources).
Having a 5 cent charge per bag will significantly reduce the impact on the environment.
Sincerely,
Brad Zoller
From: Marty Golembiewski [mailto:martygolembiewski@hotmail.com]
Sent: Friday, July 14, 2017 11:12 AM
To: Avon Council Web
Subject: Styrofoam ban - support
As a Town of Avon Resident I completely support a Styrofoam ban. I also support a plastic bag ban. I
feel it is our responsibility to do everything possible to protect the natural beauty of our area and
environment.
Thank you,
Marty Golembiewski
From: Frank & Eve [mailto:fjbntx@aol.com]
Sent: Thursday, July 20, 2017 9:47 AM
To: Avon Council Web
Subject: Plastic Bag Ban
Since I haven’t seen any opposition to your bag ban, I am sending a copy of the letter (below) that I sent
to Vail Council prior to their ban to give you a different perspective. Of course it was largely ignored!
Since I don’t live in Avon the ban won’t affect me much but I do enjoy shopping at the Avon City Market
when in the area.
It’s ironic that the much maligned, big bad Walmart is the store that provides adequate and handy
recycle bins for recycling all types of plastic bags. Note that City Market has never been in any way
opposed to the bans in Aspen, Breck, Vail or Avon. Think there might be some economic advantages in
bans, i.e. no plastic bags to buy, and sell foreign made reusable bags and paper bags for a profit. It
would seem that the stores ultimately requiring a need for the bags could be held responsible for
recycling them along with their case wrap and pallet wrap
Frank Barborek
October 20, 2014
To Town of Vail Council,
Tomorrow evening you will listen to Vail resident's and TOV staff recommendations on adopting a ban
on plastic grocery bags. As most of the governments that banned bags have done, the people for the
bans have spoken the loudest. They have used perceptions, feelings, myths, and innuendoes to
persuade, rather than use proven facts and data.
My wife and I have been full time residents of Vail for 14 years. We have been avid recyclers for over 25
years and strongly believe in that. I am not anti-government.
Before moving to Vail I worked in the chemicals and plastics industry, almost entirely in plastics, for 35
years. During that time I worked on plastics applications development, customer service, marketing and
business management. For most of the plastics you see in grocery stores, I have had some involvement
either by working with it directly, managing a group working on it, or managing a business. I actually
managed a group working with International Paper to develop a plastic grocery bag in the late 70's. We
also worked with which at the time was the largest paper merchandise bag producer to convert from
paper to plastic.
With that, you probably think that I have a bias toward plastic bags. Not so. I have no financial interests
in plastic or bag businesses. What I am biased to is that important decisions be made using facts and
data rather than perceptions and feelings and incorrect information.
I have followed the bans and ban proposals from throughout the country. I have just reread both Vail’s
proposed ordinance and the 'white paper' that supposedly justified the Town's recommendations. In all
cases I have concluded that they started with the goal of a ban and then found support for that without
considering and fully understanding all the options. The TOV has essentially followed the trend of other
cities.
Should the TOV even be involved?
Government should not be involved in these issues unless there are significant and compelling threats to
the environment, health, or safety, or in some cases economic issues. None of the reasons given for a
ban meet that standard. Although I usually don't put much value on surveys, 55 % in the TOV survey said
that there was no interest in bag bans or they were neutral. So I represent the 55% majority that
thought this was not important. The town hall meeting mentioned in the white paper, again directed
toward a ban, said that of 100 that were in attendance, only 45 signed up for follow up indicating their
interest in a ban. Neither of these sounds like a mandate to ban bags, especially when all the resources
have been directed to a ban rather than putting all the options and issues before the citizens.
Before passing a law like this each option should be analyzed with pros and cons of each. Where is the
environmental impact analysis? Where are the economics? What is the carbon footprint of each option?
What are the real problems with plastic bags
Polluting our stream, killing wildlife, toxicity, bags in trees and along the highways are some terms used
to stir up ban proponents. I watch for this and do not see ANY significant amount of bags around. Where
is the data? What are the facts that support a ban?
Health and safety issues with a ban
When we were working with IP on a grocery bag (called a sack at that time), the plastic prototype bags
were too expensive (heavy) so IP took some to major grocery chains for possible use as reusable bags.
Their response was "we don't want customers bringing bags into our stores because they bring in all
kinds of contamination to our counters". Potential for theft was another reason given. Some studies
have shown that there are harmful bacteria in many bags tested and even with washing are difficult to
remove. Even if there were no harmful bacteria present, the reusable bags can be just nasty, considering
where they may be placed. (see references below)
Those that use reusable bags today are probably conscientious enough that they may keep their bags
clean and maybe wash them some. Banning bags and requiring everyone to bring their bag will
exponentially increase the likelihood of serious problems.
Plastic bags are produced at 450 degrees F and are sterile and do not present a contamination issue.
Made offshore versus Made in the USA
In following the ban issue for many years, I have closely watched and found that almost all reusable bags
are made outside the US. HDPE plastic grocery bags are all made in the US from US produced natural gas
as feedstock (about 90%) and the rest from byproduct of the oil refining process.
Government interfering with free market economics
Grocery bags have always been a cost or overhead to a grocer (or merchant). By banning plastic bags
you are shifting the cost burden directly to the customer. They are then forced to purchase a reusable
bag at a price that produces a profit margin for the merchant. Is there any wonder why the grocery
stores are not against a ban and do not enter into these discussions?
Recycling
TOV has made an extensive effort to increase recycling of most materials but has essentially ignored
plastic bags as an opportunity for recycling.
Reusable bags are made of mostly polypropylene, PET, or cotton. What happens when these bags get
torn, the handles tear or they get too dirty? There is no recycle stream for them so they probably go to
the dump. Plastic bags are recyclable although they present a challenge because of their light weight. A
recycle stream is already available through taking them back to the grocery store. Back hauling by the
grocer to the warehouse costs virtually nothing. With sufficient volume, recyclers would be glad to pick
up the baled bags for their value.
There is potential for recycling other bags and film such as case wrap, bundling films, produce bags, etc.
By removing the large volume grocery bag from this stream, it assures that these bags will not have
sufficient volumes for a recycle stream. Very little effort has been made to promote recycling of plastic
bags and films.
The City of San Antonio has begun accepting plastic bags stuffed into a bag to the size of a soccer ball
and include it in their regular recycle steam. The plastic bags are compatible to be recycled with other
HDPE products such as milk, detergent, and bleach bottles.
In summary:
-The analysis and recommendations in the ordinance are made with banning bags as the initial goal
rather looking at all options
-Reusable bags will bring contamination and potential health issues into our grocery stores and are
virtually impossible to properly sanitize
-Reusable bags are made offshore whereas plastic bags are made in the US from US raw materials
-Reusable bags have no recycle stream
-Reusable bags shift the costs directly to the consumer and create a profit center for the merchant
-Banning plastic grocery bags eliminates the potential to recycle other bags and film
-No sufficient and creditable data or facts exist to justify banning plastic bags
-Recycle streams are available for plastic bags
With all due respect to town staff, based on the above issues, I think banning plastic grocery bags is
government over-reach and creates more problems that it solves.
A letter in the Vail Daily lists the cities that have banned bags and exhorts the TOV to be a leader and do
what these cities have done. It seems to me that's a follower. A true leader would look deeper at all the
options and perform their own analysis of what is best!
The ordinance should not be adopted.
I will be glad to discuss this issue with anyone.
Thanks for listening.
Frank Barborek
970-479-1044
Vail
Comments on Plastic Bag Reduction Initiative
Dear Avon Town Council: Avon, Colorado July 23, 2017
You are considering a ban on certain disposable plastic bags and requiring a charge of ten cents for the
use of disposable paper bags, with our grocery stores up first. We believe that although some people
feel strongly that this Initiative is needed and is the right thing to do, we would like to point out some
arguments why we believe this Initiative is the wrong thing to do.
We have been involved with many town, highway and bike path cleanups for the past 20 years. We do
pick up plastic (grocery) bags when we encounter them. However they are infrequently encountered;
their existence does not cry out for a ban. Tissues, cigarettes, wrappers comprise much of the trash.
Plastic grocery bags are reused, repurposed and recycled. The bags are the right size for most home
trash cans and are reused for that purpose. The recycling containers at City Market and Walmart are
always filled, thus proving people are recycling. Removing these bags would require the outright
purchase of brand new bags off the shelf for home use. How does a bag for a bag make any sense?
Those of us who live here visit City Market or Walmart probably 3 or 4 times per week. The existing
system works for us. The markets have invested real dollars in the rotary bag holders which are
efficient, scaled to the self-check weight requirements, and fill quickly by the manual packers. Why
change a system that is efficient, mastered by we resident customers and replace it with a clumsy,
inefficient and time wasting system. Plastic bags have built in handles; paper bags do not. Picture trying
to walk out of City Market with a likely maximum of two paper bags, one in each arm and pressed to
your chest. Think about your last shopping trip and how you momentarily switched the plastic bags
from one hand to the other so you could get your car keys out of your pocket or purse. Now think
further on how you did this in the winter. We also think a ban on plastic bags will disproportionately
affect older people, people with balance problems and those who walk to the store. Seriously consider
the plight of those shoppers walking one-half mile or more trying to balance paper bags in their arms.
The impact of this Initiative will have a chilling effect on the multitude of tourist/out-of-town shoppers.
It is a daunting task to shop for items in an unfamiliar store, especially one that is often very crowded,
with narrow aisles. It is unfair to impose on them one more barrier when it comes time to check out.
They would not have brought along reusable bags, they are struggling with the credit card machines,
and now have to make more non-productive decisions on how to get their purchases to their car. Think
of how you would feel and the resulting ill will and negative views of Avon will seem justified.
All of us who live and work here, go out of our way to put our best foot forward and be welcoming and
helpful to our guests. We know the Town Council feels the same way and that view has driven many a
decision over the years. Do we seriously want to jeopardize that approach and its success by
implementing this Initiative? Please think of the consequences of this action.
Groceries sometimes leak: produce often sweats, meat packaging often drips, think leaky milk or juice
cartons, eggs that break and other grocery packaging malfunctions. We have personally experienced
this. Plastic bags contain and trap these common events. Paper gets wet and tears; and reusable bags
must be cleaned and should be sanitized after every use. Do we use another produce-type bag to
double wrap? We have all been warned of the dangers of contaminated food and possible bacteria in
reusable bags seem like an invitation to disaster. Just what we need in headlines: Tourists choose not
to visit Avon because of fear of food poisoning from shopping at its only two supermarkets. One well
publicized event would trigger this perception…just ask Chipotle. Are you willing to take that risk?
We think that very few people in Avon support this Initiative. Most that we have talked to are first of all
unaware of its existence (it hasn’t received front page attention, yet) do not support it but may not
comment. There is a feeling among Avon people that we know, that Council “has their mind made up
and it doesn’t do any good to speak up”. Also people who live in Edwards, Eagle-Vail and
unincorporated Eagle County shop here in Avon and don’t have a voice. But they will be similarly
negatively affected. You should exercise some duty to out of Avon shoppers, who have no voice but are
paying sales taxes, supporting Avon.
It is entirely possible that a small minority of activists (Avon residents?) are indeed behind this Initiative.
Similar bans have been instituted in Aspen, Vail and Breckenridge (probably more, we don’t know).
There is a common belief that plastic bags are washing up on the Pacific coast shores; that banning
plastic bags here in Avon somehow counters this issue and “that every little bit helps”. We submit that
those activists and people who sympathize with their views already have a choice: they can refuse to
accept the free plastic bags at the stores, and bring their own reusable bags and/or paper bags. Nothing
is stopping them from doing their own “every little bit helps” contribution. It is usually unwise policy to
submit to the wishes of a small, but vocal and outspoken minority and have them dominate the
majority, especially when the minority can already take positive actions into their own hands to achieve
their personal objectives. They are not being harmed. We would expect that you will receive many
more supportive comments than negative because of the likely source of this Initiative’s conception.
In conclusion we ask that you think of the many unintended consequences of this Initiative, and do not
inconvenience thousands of shopper/visits every week, all for little practical gain, other than saying we
don’t want to be outdone by Aspen and Vail. That’s not what we elected you to do. Do things for us
and our guests; not to us.
Sincerely,
Norma and Charles Carter
From: Deb McBride [mailto:debmcb789@outlook.com]
Sent: Wednesday, August 23, 2017 9:20 AM
To: Debbie Hoppe
Subject: proposed shopping bag ordinance
While I understand the reason for attempting to decrease the number of shopping bags in the landfill, I
use the bags as trash bags. If this occurs I will need to buy bags for trash which will in turn end up in the
land fill. What is the difference?
Deborah McBride
Sent from Mail for Windows 10
Page 1 of 5
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Deputy Town Manager
Date: September 12, 2017
Topic: First Reading Ordinance 17-10, Adopting a New Chapter 8.40 of Title 8 of the Avon
Municipal Code Establishing Provisions Regarding Ban on Use of Polystyrene Foam
ACTION BEFORE COUNCIL:
Before Council is action on First Reading of Ordinance 17-10, adopting a new Chapter 8.40 of Title 8
of the Avon Municipal Code establishing provisions regarding ban on use of polystyrene foam.
OPTIONS:
Options for Council consideration are outlined as follows:
• Approve Ordinance 17-10, as presented
• Approve ordinance 17-10, with modifications
• Approve Ordinance 17-08, modifying the Ordinance to reflect that the ban on use only applies
to food that is sold (Requested Alternate)
• Do not approve Ordinance 17-10
REQUESTED ALTERNATE:
The Town received an email from Dan Smith with Vail Valley Salvation Army explaining that the
Ordinance, as it currently reads, would create a hardship on Salvation Army when providing food to
firefighters and other emergency personnel during emergency incidents. Salvation Army frequently
uses clam shell containers made of polystyrene foam because they are inexpensive and do an
adequate job of keeping food warm when it is transported from where the food is cooked to the
incident sites. Mr. Smith noted that the hardship could be avoided if the proposed Ordinance was
amended to reflect that the ban on use would only apply to food that is sold and not apply to meals
that are given away or donated.
PROPOSED MOTION:
“I move to approve [with or without modifications] First Reading of Ordinance 17-10, thereby
adopting a new Chapter 8.40 of Title 8 of the Avon Municipal Code establishing provisions regarding
ban on use of polystyrene foam.”
BACKGROUND:
This proposed Ordinance stems from the Climate Action Plan for the Eagle County Community (CAP),
as well as the Town of Avon 2017-2019 Strategic Plan (Strategic Plan). The Council adopted the CAP on
December 13, 2016, and followed that up with approval of an Implementation Schedule for the CAP
on March 28, 2017. The CAP includes details on programs, projects and policies that can be
undertaken to reduce GHG emissions. One of the recommended policies, located in the “Waste and
Landfill” section of Appendix A of the CAP, is identified as “Packaging policies, get rid of Styrofoam”
(Climate Action Plan for the Eagle County Community, 2016, p.29). The Strategic Plan, adopted on
Page 2 of 5
July 25, 2017, details a “Tier 1 Priority” to “Consider legislation to end the use of plastic bags and non-
compostable take-out containers by retailers and restaurants in the Town of Avon” (Town of Avon
2017-2018 Strategic Plan Update, 2017, p.6).
In a work session on May 9, 2017, staff presented research and a recommended strategy for reducing
the use of polystyrene-based disposable food service ware by food vendors in Avon. Council
provided direction to staff to conduct more research related to polystyrene-based disposable food
service ware, including a look at price differences between polystyrene-based products and
alternative products that are biodegradable or compostable. Staff was also directed to reach out to
restaurants in Avon to inform them of the initiative and give them the opportunity to participate in
the discussion.
In a work session on July 11, 2017, Council provided direction to staff to hold two public forums for
the purpose of presenting information about the Polystyrene Reduction Ordinance, as well as the
Plastic Bag Reduction Ordinance. In addition, staff was directed to amend the Ordinance to make it
more clear which materials are and are not acceptable.
SUMMARY:
Key Elements of the Polystyrene Foam Disposable Food Service Ware Ordinance
Polystyrene foam is a type of plastic that is made of fossil fuels and synthetic chemicals and is
difficult to recycle. It can be formed into many different products such as disposable, single-use food
service containers (Nguyen, 2012, p.4). The proposed Ordinance defines polystyrene foam as follows:
Polystyrene foam means and includes blown polystyrene and expanded and extruded
foams (sometimes incorrectly called Styrofoam®, a Dow Chemical Company
trademarked form of polystyrene foam insulation) that are thermoplastic
petrochemical materials utilizing a styrene monomer and processed by any number of
techniques, including, but not limited to, fusion of polymer spheres (expandable bead
polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded
foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates,
trays, clamshell containers, meat trays and egg cartons. For the purposes of this Article,
the term “polystyrene” shall not include clear polystyrene known as “oriented
polystyrene.”
The proposed Ordinance would prohibit food vendors within the Town of Avon from using
polystyrene foam disposable food service ware when providing prepared food.
• Prepared food means food or beverages, which are serviced, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared.
• Food vendor is defined as any vendor, business, organization, entity, group or individual,
including licensed retail food establishments, that provides prepared food at a retail level.
This includes all types of food establishments, full service restaurants as well as fast food
restaurants.
• Food vendors would be prohibited from using disposable food service ware, including but
not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as
clamshells, that are made of polystyrene foam. This does not include straws, utensils, or cup
lids nor does it include disposable packaging for unprepared foods.
Page 3 of 5
• The proposed Ordinance does not affect prepackaged foods, meaning any properly labeled
processed food, prepackaged to prevent any direct human contact with the food product
upon distribution from the manufacturer.
Exemptions
A food vendor may seek an exemption of up to one year if the requirements of this proposed
Ordinance would cause undue hardship. The guidelines for hardship would include:
• Situations unique to the food vendor where a suitable alternative does not exist for a specific
application; or
• Situations where no reasonable feasible available alternative exists to a specific and
necessary container prohibited by this proposed Ordinance
The exemption process would be administered by the Town Clerk’s Office.
Environmental Review
Polystyrene foam is a common pollutant and a threat to natural ecosystems that fragments into
smaller, non-biodegradable pieces that are difficult to clean up, as they are lightweight and easily
blown into streets and waterways. The litter also has the potential to harm marine life and other
wildlife (Nguyen, 2012, p.4).
A large portion of the conventional single-serve food service ware used today is made from
expanded polystyrene foam, which is derived from petroleum. It takes a long time for polystyrene-
based disposable food service ware to deteriorate in the environment or a landfill. In addition, it is
usually heavily contaminated with food residue after it is used, making it difficult to recycle. Efforts
to recycle used polystyrene-based food service ware have not been successful because the costs of
recycling it outweigh its market value as a recycled product (Nguyen, 2012, p.5). Consequently, most
curbside recycling programs do not accept it.
Alternative Containers
Alternatives to polystyrene-based disposable food service ware that are less harmful to the
environment include reusable containers and “compostable items made from sugarcane, potato
starch, paper, and corn-based plastic” (Snavely and Moretti, 2007, p.10). These alternatives “may
sometimes be purchased at competitive prices, but are typically 2-4 times more expensive per unit
compared to EPS products” (Snavely and Moretti, 2007, p.10).
• A way for food vendors to recoup these costs would be for them to impose a “take-out fee”
on their customers.
• Attachment 2 provides a price comparison between various food service ware products
made of polystyrene foam and ones made out of oriented polystyrene and
compostable/biodegradable materials.
• Well-performing compostable food ware is available from a variety of manufacturers,
typically through vendors that offer a wide array of food service products.
• Attachment 3 provides a list of vendors that sell recyclable and compostable food service
ware. If the proposed Ordinance is enacted, the list could help Avon food vendors that are
not currently in compliance with the proposed Ordinance.
Other Cities
Numerous cities across the nation have taken action to reduce the use of polystyrene-based
disposable food service ware.
Page 4 of 5
• The Surfrider Foundation, an organization dedicated to the protection and enjoyment of the
world's ocean, waves and beaches, has listed on its website 76 municipalities in California
that have enacted ordinances banning polystyrene in some capacity, with 65 of them
covering restaurants (Surfrider Foundation).
• In addition, the website lists eight cities in Florida, six cities in Maine, six cities in
Massachusetts, one city in New Jersey, three cities in New York, one city in Oregon, one city
in Texas, three cities in Washington, and Washington D.C., that have all taken action to
reduce polystyrene (Surfrider Foundation).
TOWN OUTREACH:
Informational Letters
On June 22, 2017, a letter was emailed to a list of 425 business email addresses provided by the Avon
Finance Department. The letter, included as Attachment 4, provided information about the proposed
Ordinance and the July 11, 2017 work session. It also described the process for residents and business
owners to submit written comments. The letter was also hand delivered to Avon restaurants on June
30, 2017.
On August 16, 2017, another letter was emailed to the same list of business email addresses. The
letter, included as Attachment 5, detailed information about two public forums to give business
representatives and members of the public the opportunity to learn more about the Polystyrene and
Plastic Bag Reduction Initiatives. The letter also described the process for submitting comment on
the proposed Ordinances.
Public Forums
At the July 11, 2017, Council meeting, Council provided direction to staff to hold two public forums for
the purpose of presenting information about the Polystyrene Reduction Ordinance, as well as the
Plastic Bag Reduction Ordinance. Public forums were held on August 31 and September 6, 2017, in
the Green Room of the Avon Performance Pavilion. A handout, included as Attachment 6, was
prepared and distributed to those in attendance at both forums.
At the August 31 public forum, there were nine members of the public and three Council members in
attendance. Comments from the forum related to the Polystyrene Reduction Ordinance included,
but were not limited to, the following:
• Consider an education campaign rather than an ordinance/ban to reduce the use of
polystyrene foam disposable take out containers.
• This should be an awareness campaign, rather than a mandate.
• Complete an audit of Avon restaurants to find out how many are already using containers
that would be in compliance with the proposed prohibition.
At the September 6 public forum, there were seven members of the public and two Council
members in attendance. Comments from the forum related to the Polystyrene Reduction Ordinance
included, but were not limited to, the following:
• An incentive approach should be explored rather than a ban on use.
• April 1, 2018, is too soon for restaurants to go through their existing inventory of containers
made of polystyrene foam. Make the effective date later, like May or June of 2018.
• Products made out of EPS require a significantly less amount of energy to produce compared
to compostable alternatives.
Page 5 of 5
• Definitions in the ordinance will be important. The ordinance needs to clearly convey which
materials are and are not allowed.
Press Releases
The Town submitted a press release on June 29, 2017, for the purpose of providing information about
the proposed Ordinance and the July 11, 2017 work session. The Town also submitted a press release
on August 22, 2017, that aimed to provide information about the public forums for the Polystyrene
and Plastic Bag Reduction Ordinances. The August 22 press release also detailed information about
the September 12, 2017, first reading date. Finally, a press release was issued on September 8, 2017,
serving as a reminder about first reading of both proposed Ordinances.
Website, Social Media and Newspaper Ads
All information about proposed Ordinance 17-10 has been made available on the Town’s website
at www.avon.org/engage. Staff has submitted several posts about the proposed Ordinance on the
Town’s social media accounts. Information about the Polystyrene Reduction Ordinance was also
included in the Town’s bi-weekly Town News ad on the following dates:
• May 8, 2017
• June 26, 2017
• July 11, 2017
• July 24, 2017
• August 7, 2017
• August 21, 2017
• September 11, 2017
PUBLIC COMMENTS:
Written comments from members of the public on the Polystyrene Reduction Ordinance have been
compiled and are included as Attachment 7.
ATTACHMENTS:
Attachment 1 – Ordinance 17-10
Attachment 2 – Product Price Comparison
Attachment 3 – Vendor List – Recyclable and Compostable Food Service Ware
Attachment 4 – Letter to Businesses dated June 22, 2017
Attachment 5 – Letter to Businesses dated August 16, 2017
Attachment 6 – Public Forum Handout
Attachment 7 – Public Comments
REFERENCES:
Climate Action Plan for the Eagle County Community. Retrieved
from http://www.walkingmountains.org/wp-content/uploads/2017/05/Climate-Action-Plan-for-the-
Eagle-County-Community_FINAL_December-V3-2016_WEB.pdf
Nguyen, Linda D., "An Assessment of Policies on Polystyrene Food Ware Bans" (2012). Master's
Projects. 266. http://scholarworks.sjsu.edu/etd_projects/266
Snavely, M., Moretti, C., (2007) The Responsible Purchasing Guide for Food Containers.
Responsible Purchasing Network. www.responsiblepurchasing.org
Surfrider Foundation. Retrieved from http://www.surfrider.org/pages/polystyrene-ordinances
Town of Avon 2017-2018 Strategic Plan Update. Retrieved from http://www.avon.org/strategicplan
Ord 17-10 FIRST READING – September 12, 2017 Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 17-10 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING PROVISIONS REGARDING BAN
ON USE OF POLYSTYRENE FOAM
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter;
WHEREAS, polystyrene foam is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors operating in the Town of Avon; and
WHEREAS, polystyrene foam, often referred to by the trademark “Styrofoam,” has also
become a problematic environmental pollutant given its non-biodegradability and nearly non-
reusable nature; and WHEREAS, there is no economically feasible means of recycling polystyrene foam locally;
and
WHEREAS, polystyrene foam is a common pollutant that fragments into small, non-biodegradable pieces that are difficult to clean up and are ingested by marine life and other
wildlife; and
WHEREAS, disposable food containers made from polystyrene foam constitute a
substantial portion of the litter within the Town of Avon; and WHEREAS, effective ways to reduce the negative environmental impacts of disposable
food service ware include reusing or recycling food service ware and using compostable
materials made from renewable resources such as paper, cardboard, corn starch, potato starch,
and/or sugarcane; and WHEREAS, the Town desires to restrict the use by food vendors of polystyrene foam
disposable food service ware; and
WHEREAS, such alternatives are readily available; and NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council.
ATTACHMENT 1
Ord 17-10 FIRST READING – September 12, 2017 Page 2 of 3
Section 2. Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code. Chapter 8.40,
“Polystyrene Based Disposable Food Service Ware” is added to Title 8, “Health and Safety,” of
the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code, attached hereto.
Section 3. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect on April 1, 2018.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
ATTACHMENT 1
Ord 17-10 FIRST READING – September 12, 2017 Page 3 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 12, 2017 and setting such public hearing for September 26, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST: ____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 26, 2017. BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM:
____________________________ Eric J. Heil, Town Attorney
ATTACHMENT 1
Page 1 of 2
EXHIBIT A: ADDITION OF CHAPTER 8.40 TO TITLE 8 OF THE AVON MUNICIPAL CODE CHAPTER 8.40 POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE Section 8.40.010 Definitions. Section 8.40.020 Prohibited use of polystyrene foam disposable food service ware. Section 8.40.030 Exemptions. Section 8.40.040 Violation. Section 8.40.050 Administrative fines. 8.40.010 DEFINITIONS. For the purposes of this chapter, the following terms have the following meanings: (a) “Disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells. This does not include straws, utensils, or cup lids nor does it include disposable packaging for unprepared foods. (b) “Food vendor” means any vendor, business, organization, entity, group or individual, including a licensed retail food establishment that provides prepared food at a retail level. (c) “Polystyrene foam” means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. For the purposes of this Article, the term “polystyrene” shall not include clear polystyrene known as “oriented polystyrene.” (d) “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, and prepared at an approved source. (e) “Prepared food” means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared. Prepared food does not include eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration. Prepared food may be consumed either on or off the premises. 8.40.020 PROHIBITED USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE. No food vendor shall use polystyrene foam disposable food service ware when providing prepared food. 8.40.030 EXEMPTIONS. (a) Automatic Exemptions. The following uses are exempt from the provisions of this chapter: (1) Prepackaged food; and (2) Polystyrene foam coolers and ice chests intended for reuse. (b) Special Requests for an Exemption. Any food vendor may seek an exemption from the requirements of this chapter upon demonstrating that strict application of the requirements would cause undue hardship. (1) An “undue hardship” shall be found in: (A)Situations unique to the food vendor where a suitable alternative does not exist for a specific application; or (B) Situations where no reasonable feasible available alternative exists to a specific and necessary container prohibited by this chapter. (2) The application process for exemption shall be as follows:
Page 2 of 2
(A)The food vendor seeking an exemption shall submit a written exemption request to the Town Manager. (B)A written exemption request shall include all information and documentation necessary for the Town Manager to make a finding that imposition of this chapter would cause an undue hardship as described above. (C) The Town Manager may require the applicant to provide additional information in order to make a determination regarding the exemption application. (D)Exemption decisions are effective immediately and are final and not subject to appeal. (E) The Town Manager may grant an exemption for a period of up to one year upon a finding that the food vendor seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship as defined above. (3) If a food vendor granted an exemption wishes to have the exemption extended, it must re-apply for the exemption prior to the expiration of the one-year exemption period and demonstrate continued undue hardship. Extensions may be granted for intervals not to exceed one year. 8.40.040 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
PRODUCT Polystyrene Foam
(Average of 2 websites)
Oriented Polystyrene
(Average of 2 websites)
Biodegradable/Compostable
(Average of 2 websites)
9x9x3 Hinged Three
Compartment
Container (Clamshell)
$19.80 per 200
$0.10 per unit
$29.07 per 100
$0.29 per unit
$112.93 per 300
$0.38 per unit
9" 1-Compartment
Plate
$20.84 per 500
$0.04 per unit
$36.83 per 500
$0.07 per unit
$112.22 per 1,000
$0.11 per unit
16 oz Cold Cup $44.79 per 1,000
$0.04 per unit
$48.87 per 1,000
$0.05 per unit
$123.13 per 1,000
$0.12 per unit
16 oz Hot/Cold Cup $56.20 per 1,000
$0.06 per unit
12 oz Insulated (Polystyrene
Coated) Coffee Cup
$71.25 per 500
$0.14 per unit
$130.27 per 1,000
$0.13 per unit
12 oz Hot Bowl $24.51 per 1,000
$0.02 per unit
$51.49 per 1,000
$0.05 per unit
$85.63 per 1,000
$0.08 per unit
Product Cost Comparison
Vendor Name Phone/Website Location Products Available
Better Brand Food
Products Inc.
(831)724-7234
www.betterbrandfood.com Watsonville CA Recyclable disposables, including
plates, cutlery and to-go containers
BiRite Foodservice
Distributors
(800)277-5373
www.birite.com Brisbane, CA Recyclable disposables, including
plates, cutlery and to-go containers
Coast Paper & Supply (831)423-3350
www.coastpapersupplyinc.com Santa Cruz, CA Restaurant supply: compostable
and/or recyclable to-go containers
Eco Products (303)449-1876
www.ecoproduct.com Boulder, CO Recyclable disposables, including
plates, cutlery and to-go containers
Excellent Packaging &
Supply
(510) 317-2737
www.excellentpackaging.com Richmond, CA Compostable and biodegradable
food service disposables
Genpak (310)676-5000
www.genpak.com Hawthorne, CA Restaurant supply: compostable
and/or recyclable to-go containers
Green Earth Office
Supply
(408) 969-0900
www.greenearthofficesupply.stores.
yahoo.net
Santa Clara, CA Restaurant supply: compostable
and/or recyclable to-go containers
Ledyard's (831)462-4400
www.ledyard.com Santa Cruz, CA Restaurant supply: compostable
and/or recyclable to-go containers
WebstaurantStore www.webstaurantstore.com Lititz, PA Restaurant supply: compostable
and/or recyclable to-go containers
World Centric (650)736-6699
www.worldcentric.org Palo Alto, CA Restaurant supply: compostable
and/or recyclable to-go containers
VENDOR LIST - RECYCLABLE AND COMPOSTABLE FOOD SERVICE WARE
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
June 22, 2017
ATTENTION AVON FOOD VENDORS
NOTICE OF TOWN COUNCIL WORK SESSION
FOR A
PROPOSED ORDINANCE PROHIBITING FOOD VENDORS FROM
USING POLYSTYRENE-BASED DISPOSABLE FOOD CONTAINERS
Dear Avon Food Vendor:
The Avon Town Council is proposing the adoption of a new ordinance that would prohibit food vendors
from using polystyrene-based disposable food service ware (polystyrene food containers). It is important to
the Town Council that you are aware of the proposal and have the opportunity to become informed of the
changes and participate in the discussion. The following information is intended to meet those objectives.
Information on the Town Council’s July 11th work session on this proposal is provided at the end of this
memo, including how to provide your comments.
Thank you,
The Town of Avon
____________________________________________________________________
PROJECT SUMMARY:
Polystyrene is a petroleum-based lightweight plastic material that can be formed into many different
products. It is often referred to by the name “Styrofoam.” Polystyrene is used as a disposable, single-use food
service container, also referred to as food service ware, which comes in many forms such as plates, cups,
bowls, trays and lidded containers, known as clamshells. Polystyrene is frequently used by restaurants and
food establishments as containers for take-out food orders or to bring home leftover food after dining. In
some cases polystyrene may be used as the primary serving mechanism or food ware, rather than ceramic or
plastic reusable alternatives, for the more casual eateries and fast food establishments.
The proposed Ordinance would prohibit restaurants and other food establishments (food vendors) within the
Town of Avon from using polystyrene plates, cups, bowls, trays and lidded containers. The Ordinance would
exempt straws, utensils and cup lids, disposable packaging for unprepared foods and prepackaged foods.
Prepackaged food is defined as food processed and packaged off-site to prevent any direct human contact
with the food product upon distribution from the manufacturer. In addition, polystyrene coolers and ice
chests intended for reuse would also be exempted from the Ordinance. The Ordinance would apply to all
food vendors within the Town of Avon and would be enforced by the Town of Avon. A food vendor is
defined as any vendor, business, organization, entity, group or individual, including licensed retail food
establishments, that provides prepared food at a retail level. This includes all types of food establishments,
full service restaurants as well as fast food restaurants.
BACKGROUND:
In December 2016, the Town Council adopted the Climate Action Plan for the Eagle County Community
(CAP), which reflects a strong commitment to reduce the community’s greenhouse gas (GHG) emissions.
The CAP also includes details on programs, projects and policies that can be undertaken to reduce GHG
emissions. One of the recommended policies, located in the “Waste and Landfill” section of Appendix A of
the CAP, is identified as “Packaging policies, get rid of Styrofoam.” Subsequently, in February 2017, the
Town Council adopted the Town of Avon 2017-2018 Strategic Plan Update (Strategic Plan). The Strategic
Plan includes a “Tier 1” priority to “Consider legislation to end the use plastic bags and non-compostable
take-out containers by retailers and restaurants in the Town of Avon.”
Polystyrene foam is a common pollutant and a threat to natural ecosystems that fragments into smaller, non-
biodegradable pieces that are difficult to clean up and can harm marine life and other wildlife. The purpose
of the Ordinance is to reduce the amount of polystyrene foam food service ware litter in the environment to
improve water quality and achieve the Town’s environmental objectives.
JULY 11, 2017 WORK SESSION:
A work session is scheduled for July 11, 2017, at 5:00 p.m. in the Town Council Chambers at Town Hall, 1
Lake Street, Avon, Colorado. No action will be taken at the meeting. The Town Council will review and
provide direction on the proposed Ordinance, as well as review information related to: (1) alternative
compostable containers and the incremental costs associated with transitioning to alternative products; (2)
jurisdictions that have enacted legislation to reduce the use of polystyrene foam food service ware; and (3) a
recommended schedule for implementation.
PUBLIC COMMENT:
The Town Council will take public comment at the work session. Written comments may also be submitted
prior to July 10, 2017, at 5:00 pm. Comments should be emailed to Debbie Hoppe, Town Clerk, at
dhoppe@avon.org. All submitted comments will be included in the public record and will be reviewed by the
Town Council. If you have questions, please call Preston Neill, Executive Assistant to the Town Manager, at
(970)748-4404.
Post Office Box 975 One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
August 16, 2017
Dear Avon Retailer:
As you may already be aware, the Avon Town Council is proposing the adoption of two new ordinances. The first
would enact a ban on certain disposable plastic bags and require a charge of ten cents for the use of disposable paper
bags. The second would prohibit food vendors from using polystyrene-based disposable food service ware
(polystyrene food containers). As a business potentially affected by these prohibitions, you are encouraged to learn
about these proposed ordinances.
First reading of both proposed ordinances are scheduled for action at the regular September 12, 2017, Town Council
Meeting. If Council passes one or both of the ordinances at the meeting, the public hearing for second reading can be
anticipated to be heard at the September 26, 2017, Town Council Meeting.
It is important to the Town Council that you are aware of the proposals and have the opportunity to become informed
of the changes and participate in the discussion. To meet this objective, the Town of Avon will be holding two public
forums to give business representatives and members of the public the opportunity to learn more about the plastic
bag and polystyrene reduction initiatives. Each forum will begin with a presentation, followed by a Q&A.
The public forums are scheduled as follows:
All information about the two ordinances can be found on the Town’s website at www.avon.org/engage.
How to provide comment on the proposed ordinances:
Attend and speak at the September 12th Council Meeting. The agenda will be posted online on Friday,
September 8, 2017, at www.avon.org/councilpacket.
Email comments to Town Clerk Debbie Hoppe at dhoppe@avon.org.
If you have any questions, please feel welcome to email pneill@avon.org or call (970)748-4404.
Thank you,
Preston Neill
Deputy Town Manager
Town of Avon
NOTICE OF PUBLIC FORUMS
FOR PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES
ATTENTION AVON RETAILERS
THURSDAY, AUGUST 31, 2017
AVON PERFORMANCE PAVILION
GREEN ROOM
2:00 P.M.
WEDNESDAY, SEPTEMBER 6, 2017
AVON PERFORMANCE PAVILION
GREEN ROOM
2:00 P.M.
AGENDA
1. WELCOME
2. OVERVIEW OF PLASTIC BAG REDUCTION ORDINANCE
3. QUESTIONS AND COMMENTS
4. OVERVIEW OF POLYSTYRENE REDUCTION ORDINANCE
5. QUESTIONS AND COMMENTS
6. REMINDER: FIRST READING OF BOTH ORDINANCES IS
SEPTEMBER 12, 2017
PLASTIC BAG REDUCTION ORDINANCE
WHAT IS BEING PROPOSED?
Similar to what the Town of Vail did in 2015, the Avon Town Council
is proposing the adoption of a new ordinance that would enact a
ban on single-use disposable plastic carryout bags at the point of
sale, and require a fee of $0.10 be applied to single-use paper
carryout bags.
A phased approach is proposed, with the first phase applying to
grocery stores only, and second phase applying to all other retailers.
Key Elements of the Disposable Paper Bag Fee Program:
A consumer making a purchase from a grocer or retailer
shall pay at the time of purchase a Disposable Paper Bag
Fee of $0.10 for each disposable paper bag used during a
purchase.
Grocers and retailers shall record the number of
disposable paper bags provided to any given customer and
the total amount of the Disposable Paper Bag Fee charged
to the customer on the customer transaction receipt.
No grocer or retailer may exempt a customer from any
part of the Disposable Paper Bag Fee for any reason.
For the first 12 months following the effective date of the
Disposable Paper Bag Fee, each grocer and retailer may
retain 20% of the Disposable Paper Bag Fee as a Vendor
Fee to be taken as a credit against the Disposable Paper
Bag Fee due to the Town. Thereafter, the entirety of all
collected Disposable Bag Fees shall be remitted to the
Town.
The remaining portion of the Disposable Paper Bag Fee
shall be paid to the Town and shall be deposited as
revenue in a designated waste reduction and reusable line
item within the Town's budget for uses that include, but
are not limited to:
Producing and providing reusable bags to Town
residents and guests;
Educating Town residents, businesses and guests
about the impacts of waste on the Town's
environmental health, the importance of
reducing the number of disposable bags entering
the waste stream, and the impact of disposable
bags on the Town's waterways and the
environment; and
Creating public educational campaigns to raise
awareness about waste reduction and recycling.
Grocers and retailers shall pay and the Town shall collect
the Disposable Paper Bag Fee at the same time and
pursuant to all applicable provisions of the Town's sales
tax code, and consistent with all applicable sales tax
provisions regarding sales tax administration, collection
and enforcement. The Town shall provide the necessary
forms for grocers and retailers to file individual returns
with the Town separate from the Town's sales tax forms to
demonstrate compliance with the Disposable Paper Bag
Fee.
Retailers that refuse or neglect to comply with the
regulations within the ordinance shall be subject to
penalties.
IF PASSED, WHEN WOULD IT GO INTO EFFECT?
The Town recognizes that this ordinance would enact several
significant changes for grocers and retailers. The Town is interested
in allowing for an adequate amount of time for grocery stores and
other retailers to adjust to and implement these changes.
The first phase, which would apply to grocery stores only, would go
into effect on April 1, 2018. Effective April 1, 2018, all grocers shall
only offer either a reusable bag or a disposable paper bag to a
consumer and it shall be unlawful for any grocer to provide
disposable plastic bags to customers at any point of sale.
The second phase, which would apply to all other retailers, would go
into effect on April 1, 2019. Effective April 1, 2019, all other retailers
shall only offer either a reusable bag or a disposable paper bag to a
consumer and it shall be unlawful for any retailer to provide
disposable plastic bags to customers at any point of sale.
Any store or business in the Town may voluntarily opt to participate
in the Disposable Paper Bag Fee program prior to their respective
effective date, by providing notice to the Town of Avon and
collecting the Disposable Paper Bag Fee pursuant to this Chapter.
WHY IS IT BEING PROPOSED?
The Town Council adopted the Climate Action Plan for the Eagle
County Community (CAP) in December 2016, and followed that up
with approval of an Implementation Schedule for the CAP in March
2017. The Implementation Schedule details a “Reduce use of single
use shopping bags county-wide” program and recommends a one
(1) year timeframe for implementation. In addition, the Town
Council adopted the Town of Avon 2017-2019 Strategic Plan
(Strategic Plan) in July 2017, which identifies a “Tier 1” priority to
“Consider legislation to end the use plastic bags…by retailers and
restaurants in the Town of Avon.” Through the adoption of the CAP
and approval of an implementation plan to meet the objectives of
the CAP, the Town has become recognized as a leader in its
commitment to addressing climate change at the local level.
The use of disposable plastic carryout shopping bags has severe
environmental impacts on a local and global scale, including
greenhouse gas emissions, litter, harm to wildlife, and solid waste
generation. The purpose of the ordinance is to reduce plastic waste
by eliminating unnecessary disposable plastic shopping bags and
achieve the Town’s environmental objectives.
PUBLIC FORUM
PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES
August 31, 2017
REUSABLE BAGS
The Town urges grocers and retailers to encourage their customers
to shop with machine washable, reusable bags. To aid the transition
process and pending Town Council approval of the ordinance, the
Town plans to budget approximately $30,000 in FY2018 for the
purpose of designing and producing Town of Avon reusable bags to
give out for free in the time leading up to the April 1, 2018, effective
date. The $30,000 allocation is subject to Town Council approval
during the adoption of the 2018 Town Budget, currently scheduled
for October 24, 2017.
POLYSTYRENE REDUCTION ORDINANCE
WHAT IS BEING PROPOSED?
The Avon Town Council is proposing the adoption of a new
ordinance that would prohibit food vendors from using polystyrene-
based disposable food service ware (polystyrene food containers).
The proposed ordinance would prohibit food vendors within the
Town of Avon from using polystyrene-based disposable food service
ware when providing prepared food. Prepared food means food or
beverages, which are serviced, packaged, cooked, chopped, sliced,
mixed, brewed, frozen, squeezed, or otherwise prepared. Food
vendor is defined as any vendor, business, organization, entity,
group or individual, including licensed retail food establishments,
that provides prepared food at a retail level. This includes all types
of food establishments, full service restaurants as well as fast food
restaurants. Food vendors would be prohibited from using
disposable food service ware, including but not limited to plates,
cups, bowls, trays and hinged or lidded containers, also known as
clamshells, that are polystyrene-based. This does not include straws,
utensils, or cup lids nor does it include disposable packaging for
unprepared foods. The proposed ordinance does not affect
prepackaged foods, meaning any properly labeled processed food,
prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer.
The proposed Ordinance defines polystyrene-based as follows:
± Polystyrene-based means and includes expanded
polystyrene, which is a thermoplastic petrochemical
material utilizing a styrene monomer and process by any
number of techniques including, but not limited to fusion of
polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion-blow molding
(extruded foam polystyrene). The term “polystyrene” also
includes polystyrene that has been expanded or blown
using a gaseous blowing agent into a solid foam (expanded
polystyrene (EPS)), and clear or solid polystyrene known as
oriented polystyrene.
A food vendor may seek an exemption of up to one year if the
requirements of this proposed ordinance would cause undue
hardship. The guidelines for hardship would include:
± Situations unique to the food vendor where a suitable
alternative does not exist for a specific application; or
± Situations where no reasonable feasible available
alternative exists to a specific and necessary container
prohibited by this proposed Ordinance
Retailers that refuse or neglect to comply with the regulations
within the ordinance shall be subject to penalties.
IF PASSED, WHEN WOULD IT GO INTO EFFECT?
The Town recognizes that this ordinance would enact several
significant changes for restaurants. The Town is interested in
allowing for an adequate amount of time for restaurants to adjust to
and implement these changes. Town staff has proposed making
April 1, 2018, the effective date for this ordinance.
WHY IS IT BEING PROPOSED?
The adopted CAP reflects a strong commitment to reduce the
community’s greenhouse gas (GHG) emissions. The CAP also
includes details on programs, projects and policies that can be
undertaken to reduce GHG emissions. One of the recommended
policies, located in the “Waste and Landfill” section of Appendix A of
the CAP, is identified as “Packaging policies, get rid of Styrofoam.” In
addition, the adopted Strategic Plan includes a “Tier 1” priority to
“Consider legislation to end the use of plastic bags and non-
compostable take-out containers by retailers and restaurants in the
Town of Avon.”
Polystyrene foam is a common pollutant and a threat to natural
ecosystems that fragments into smaller, non-biodegradable pieces
that are difficult to clean up, as they are lightweight and easily
blown into streets and waterways. The litter also has the potential
to harm marine life and other wildlife.
A large portion of the conventional single-serve food service ware
used today is made from expanded polystyrene foam, which is
derived from petroleum. It takes a long time for polystyrene-based
disposable food service ware to deteriorate in the environment or a
landfill. In addition, it is usually heavily contaminated with food
residue after it is used, making it difficult to recycle. Efforts to
recycle used polystyrene-based food service ware have not been
successful because the costs of recycling it outweigh its market
value as a recycled product. Consequently, most curbside recycling
programs do not accept it.
ALTERNATIVE CONTAINERS
Alternatives to polystyrene-based disposable food service ware that
are less harmful to the environment include reusable containers and
compostable items made from sugarcane, potato starch, paper, and
corn-based plastic. These alternatives may sometimes be purchased
at competitive prices, but are typically 2 to 4 times more expensive
per unit compared to EPS products. Food vendors can offset these
costs by improving efficiency and reducing waste overall. Another
way for food vendors to recoup these costs would be for them to
impose a “take-out fee” on their customers. Exhibit 1 provides a
price comparison between various food service ware products made
of polystyrene and ones made out of compostable/ biodegradable
materials.
Well-performing compostable food ware is available from a variety
of manufacturers, typically through vendors that offer a wide array
of food service products. Exhibit 2 provides a list of vendors that sell
recyclable and compostable food service ware. If the proposed
ordinance is enacted, the list could help Avon food vendors that are
not currently in compliance with the proposed ordinance.
UPCOMING SCHEDULE AND HOW TO PROVIDE COMMENT
First reading of both proposed ordinances are scheduled for action
at the regular September 12, 2017, Town Council Meeting. If Council
passes one or both of the ordinances at the meeting, the public
hearing for second reading can be anticipated to be heard at the
September 26, 2017, Town Council Meeting.
To provide comment on the proposed ordinance:
Attend and speak at the September 12th Council Meeting.
The agenda will be posted online on Friday, September 8,
2017, at www.avon.org/councilpacket.
Email comments to Town Clerk Debbie Hoppe at
dhoppe@avon.org.
All information about the two ordinances can be found on the
Town’s website at www.avon.org/engage.
From: Debbie Brill [mailto:debbie@brillinsurance.net]
Sent: Thursday, June 29, 2017 8:52 AM
To: Debbie Hoppe
Subject: Polystyrene Ban
Hi Debbie,
I completely and whole-heartedly support this ban! My understanding is that styrofoam is toxic to make,
toxic after use to the environment but also not healthy to have it leach into the food that we will then
eat or drink. I would willingly pay a few cents more for take-out or for a cup of coffee (although I always
bring my own cup) that used alternative and healthier products. There are plenty of products available
that use biodegradable materials; "plastics" made from corn, etc. My stance is that purchasing and
using healthier products sends a message to manufacturers that their future business success resides
with more earth and human friendly materials.
I sincerely appreciate Avon's pro-active approach to this topic and hope that more environmentally
friendly issues continue to be reviewed.
Thank you very much!
Debbie Brill
Brill Insurance Agency
150 E Beaver Creek Blvd A203 | PO Box 1498 | Avon, CO 81620
ph. (970) 845-8910 | fx. (970) 845-8460 | www.brillinsurance.net
Auto - Home - Health - Commercial - Accident - Life
From: dan@AVONBAKERYANDDELI.COM [mailto:dan@AVONBAKERYANDDELI.COM]
Sent: Thursday, June 22, 2017 2:09 PM
To: Preston Neill
Subject: RE: Notice of Town Council Work Session for a Proposed Ordinance Prohibiting Food Vendors
from using Polystyrene Containers
I cannot support any legislation banning a product. Here we have made the conscious
decision to eliminate the use of plastic shopping bags (over ten years ago) and never have
purchase polystyrene to go boxes but this is OUR CHOICE.
AVON TOWN GOVERNMENT HAS NO BUSINESS DOING THIS AND IS OVERSTEPPING IT'S
AUTHORITY.
NO-I DON'T SUPPORT THIS MEASURE!
Dan Trush
Avon Bakery & Deli
970.949.DELI(3354)
www.AvonBakeryandDeli.com
June 29, 2017
To: Avon Town Council
Re: Proposed ordinance prohibiting food vendors from using polystyrene based disposable food
containers
Dear Town of Avon Decision Makers,
As an advocate for sustainable waste diversion practices, I am personally very excited about
your decision to prohibit food vendors from using styrofoam for disposable food containers. In
my opinion, this decision demonstrates Town of Avon's leadership in climate action!
As a representative of your local waste and recycling hauler, I would like to be a part of this
conversation to ensure that this ordinance is formatted with consideration of local waste
diversion infrastructure and minimal confusion to entities that are affected.
The first questions that come to mind when reading the TOA informative memo include:
- Are you talking about all polystyrene (PS) - with the exception of what you mentioned- or
expanded polystyrene (EPS)?
- Although PS and EPS are both #6 plastics, this distinction can be very confusion for people so
I would recommend you also accompany the ordinance with informative material explaining this
and how they are different and same, with examples of each.
- If you are going to leave it as PS then you might also need to consider that SOLO cups are PS
plastic and the inside of all disposable coffee cups is lined with PS plastic (with the exception of
compostable coffee cups)
- Are you planning to follow this ordinance with a suggested alternative to these products? If
so, are you considering compostable products?
- If you are considering recommending or requiring compostable service products then I would
highly encourage you to work with Vail Honeywagon directly to ensure there is an end life
option for these products. It is very likely that there will be additional charges for loads that
include compostable plastic cups in the Honeywagon Compost Facility and I want to be sure
that the struggles associated with processing these materials are very clear to everyone before
regulations are put into place requiring them.
Thank you for bring waste to the forefront of Avon’s climate action goals! Please let me know if
I can provide any additional expertise as you continue this regulatory process.
Sincerely,
Shawn Bruckman
Director of Compost Operations
Honeywagon Organics
From: Shayne Madsen [mailto:shayne.madsen1@gmail.com]
Sent: Friday, July 07, 2017 10:33 AM
To: Debbie Hoppe
Cc: John Easter; Sundari Kraft; Jenn L. Penn; nhoover@corestaurant.org; Mary Lou Chapman;
larry@hudsonga.com
Subject: Media reports on "styrofoam" ban
I have tried to communicate to your town attorney, but I am not sure that the email was received. I am
outside counsel for the American Chemistry Council. Members include producers and distributors of
plastic foam products. In your deliberations, please be aware of the provisions of Section 25-17-104
C.R.S. Since 1993, local governments have been prohibited from prohibiting the "use or sale of specific
types of plastic materials or products". I am happy to further discuss this issue at your convenience. As I
will be traveling, please use my cell 303-588-1693 or email me your contact information and I will
contact you. Thank you for your professional courtesy.
Sent from my iPad
From: Nicholas Hoover [mailto:NHoover@corestaurant.org]
Sent: Monday, July 10, 2017 10:16 AM
To: Debbie Hoppe
Subject: Colorado Restaurant Association Comments on Polystyrene in Restaurants
Dear Debbie,
The Colorado Restaurant Association (CRA) is the definitive voice of the food service industry in
Colorado and has been advocating for the industry since 1933. On behalf of our restaurant members
within the City of Avon, I respectfully submit the following comments to share with you our concerns
over the prohibition of polystyrene food service packaging.
It is the interpretation of the CRA that local governments in Colorado are prohibited from banning the
“use or sale of specific types of plastic materials or products or restrict or mandate containers,
packaging or labeling for any consumer products.” C.R.S. 25-17-104. Because polystyrene is a plastic, this
would directly conflict with state law.
Polystyrene foam containers are among the most efficient for keeping foods fresh, free of leaks and
spills, and most importantly keeping the food and beverages hot or cold. Improper storage of food and
beverages can cause food to spoil due to an increase or decrease in temperature which highly increases
the chances of foodborne illnesses. Therefore, it is standard practice for ice cream, frozen yogurt and
smoothie shops, amongst others, to use the foam packaging. In addition, many independently operated
ethnic restaurants find the product to be the best functionally for their hot soups and sauce-based
dishes.
For a segment of the economy which is characterized by razor thin profit margins of around 4% on the
dollar in a good economy, cost always must be a consideration of a product in addition to the functional
value. Schools, hospitals, nursing homes, non-profit food programs, delis, and family-owned restaurants
are among the many institutions that rely upon polystyrene foam for its excellent insulation at an
economical price. Alternative packaging materials are often as high as 2-3 times more expensive and do
not hold the food temperatures efficiently. Many restaurants still choose to use the product because of
its functional value being the best match for the type of food offered and it costs significantly less. Cost
differences are felt differently by different sizes, types, and locations of restaurants and therefore have
a differing impact on the local restaurant community.
We share the on-going concern over litter, however the discriminatory approach of selecting and
eliminating a given type of food service product is an ineffective approach. When litter reduction occurs
on streets within our community, the amount of material that flows through storm drains and rivers is
also reduced. Comprehensive efforts should be aimed at reducing ALL composition of litter, not solely
individual products for a single industry. This will allow an overall volume of material reaching the
marine environment to be reduced. For instance, the City and County of San Francisco banned
polystyrene containers in 2008 and according to a litter re-audit conducted for the City/County, paper
cup and plate litter only increased after the ban was enacted. Bans may change the composition of
litter, but they do not reduce the amount of litter as those who litter do not discriminate between
materials.
If you have any questions about our comments, please feel free to reach out to me directly.
Very respectfully,
* Please note new email and website addresses!**
Nick Hoover, Manager of Government Affairs
Colorado Restaurant Association
430 E. 7th Ave. | Denver, CO 80203
P: 303.830.2972 x 119
C: 720.369.0343
F: 303.830.2973
E: nhoover@corestaurant.org
From: Marty Golembiewski [mailto:martygolembiewski@hotmail.com]
Sent: Friday, July 14, 2017 11:12 AM
To: Avon Council Web
Subject: Styrofoam ban - support
As a Town of Avon Resident I completely support a Styrofoam ban. I also support a plastic bag ban. I
feel it is our responsibility to do everything possible to protect the natural beauty of our area and
environment.
Thank you,
Marty Golembiewski
MADSEN & ASSOCTATES, P.C.
7441old MilI Trail
Boulder, CO 80301
Shayne M. Madsen
303-588-1693
Shayne.madsen I @ gmail.com
Jnly 7,2017
Eric Heil
Town Attorney
Town ofAvon
VIA Email: eheil@avon.org
Re: Styrofoam Ban
DearMr. Heil:
I am outside counsel for the American Chemisty Council whose members include producers and
distributors of plastic foam products.
We have reviewed a recent media report indicating that the Town of Avon is considering enacting
a ban on "Styrofoam containers.'o [n your deliberations, please be aware of the provisions of Sec .25-17-
104, C.RS., which prohibits local govenrments &om prohibiting the "use or sale of specific types of
plastic materials or products."
I am happy to discuss this issue with you at your convenience. I am traveling so the best way for
you to reach me is at 303-588-1693, or by email.
Thank you for your professional courtesy.
Sincerely,,"""/u2.4
Shayne M. Madsen
July 10, 2017
Eric Heil, Town Attorney
Town of Avon
1 Lake Street
Avon, CO 81620
Subject: Response for Written Comments from ACC Plastics Foodservice Packaging Group (oppose): Proposed
Ordinance (Polystyrene Reduction Initiative) – July 11, 2017 Town Council Work Session
Dear Eric Heil, Town Attorney & Debbie Hoppe, Town Clerk, Town of Avon:
We are writing to provide the Avon Town Council both information on polystyrene foam foodservice packaging, as well
as express our concerns about the proposed ordinance (Polystyrene Reduction Initiative) that will be discussed by the
Town Council in a July 11, 2017 Work Session. This proposed ordinance would prohibit the use of certain disposable or
polystyrene foam foodservice containers with little or no environmental benefit to Avon. The members of our group, the
Plastics Foodservice Packaging Group (PFPG) of the American Chemistry Council (ACC), represent the leading suppliers
and manufacturers of plastics foodservice packaging products, including polystyrene food and beverage containers.
Food for thought on polystyrene foam foodservice …
We support the Town of Avon’s ongoing efforts to make it more sustainable, including efforts to reduce waste and
improve recycling. However well-intentioned, banning polystyrene foam foodservice ware (as proposed in the
Polystyrene Reduction Initiative) will not improve sustainability, and may actually have the opposite effect you are
looking for. We oppose this proposed ordinance for the following reasons:
- Polystyrene foam foodservice has a lower footprint than requiring the use of alternative compostable products
((less greenhouse gas emissions, less waste, and less energy), especially when an infrastructure to adequately
collect and compost these products does not exist;
- Polystyrene foam foodservice is a very small component of litter, and cities (like San Francisco) that have studied
litter show that a ban on one product (like polystyrene foam foodservice) did not reduce litter – the actual amount
of litter from the heavier non-polystyrene substitutes increased, since you are substituting one product for another.
- Polystyrene foam foodservice offers unique low cost, high performance (insulation) properties that make it the
choice of foodservice establishments. Small and medium food establishments are under pressure to keep food
costs down – and the non-polystyrene foam foodservice are much more expensive, with no environmental benefit;
and
- Colorado state law (Sec 25-17-104, C.R.S.), has a provision which prohibits local governments from prohibiting
the “use or sale of specific types of plastic materials or products”.
Working together …
We urge the Town Council to review the attached information on polystyrene foam (foodservice) and defer any action on
this Polystyrene Reduction Initiative, since the premise of this bill is based on misinformation or misperceptions about
biodegradability and compostability of non-polystyrene foam foodservice as a more sustainable alternative, the safety of
polystyrene foam foodservice products, and the alleged environmental benefits of the substitute foodservice products to
polystyrene foam.
Based on the benefits of polystyrene foodservice as part of the waste management solution (rather than the problem), as
well as fiscal benefits, we request the Town Council to review this information, and in fact work with our industry to
educate members on real solutions to address litter and solid waste. We appreciate your feedback, and please let us know
if you have any questions on this material, or need additional information.
We are providing these comments by the July 10th deadline. As the Town Council has a work session on the Polystyrene
Reduction Initiative, we hope the attached information will assist them in determining how to address polystyrene (and
other) foodservice issues. We hopefully can work together and share our experiences on how our industry is part of the
solution to responsible sustainability programs with respect to its products.
Sincerely,
Mike Levy, Director
Plastics Foodservice Packaging Group (PFPG)
(tel: 703-741-5647; e-mail: mike_levy@americanchemistry.com)
John Easter, Senior Director, State Affairs, Midwest Region
American Chemistry Council
(tel: 515-471-1957; e-mail: john_easter@americanchemistry.com
Addendum: Response for Written Comments from ACC Plastics Foodservice Packaging Group
(oppose): Proposed Ordinance (Polystyrene Reduction Initiative) – July 11, 2017 Town Council Work
Session
Here’s information based on studies/independent experts that should demonstrate how the issues of foodservice litter,
trash, and recycling/recovery are being addressed and how the Town of Avon can capitalize on these programs without
implementing a product ban such as those suggested in this ordinance. We ask that you research and consider this
information to help make an informed decision:
Landfills, Biodegradation – According to the most recent USEPA Characterization of Municipal Solid Waste report –
link http://www.epa.gov/osw/nonhaz/municipal/pubs/MSWcharacterization_fnl_060713_2_rpt.pdf, all plastic foodservice
products contribute approximately 1% of waste generated, whereas paper and paperboard make up the largest components
of MSW materials generated (28%). Landfills are not filling up with polystyrene foam or plastics – they are filling up
with paper and paperboard as the largest contributors.
While popular culture has led many to believe that burying our nation’s garbage in landfills is sort of like creating big
compost heaps, modern landfills are specifically designed to minimize decomposition. The small amount of degradation
that does occur in a landfill often generates methane, a much more potent greenhouse gas than CO2. Products like
polystyrene foam are inert and do not break down in landfills – that is a positive attribute. The Biodegradable Products
Institute (BPI), a not-for-profit association of key individuals and groups from government, industry, and academia, has a
mission to education manufacturers, legislators and consumers about the importance of scientifically based standards for
compostable materials which biodegrade in large composting facilities. Under their “Myths of Biodegradation”, BPI
states:
Myth: Biodegradable products are the preferred environmental solution because waste simply
biodegrades in the landfill.
Reality: Nothing biodegrades in a landfill because nothing is supposed to.
http://www.bpiworld.org/Default.aspx?pageId=190439
Small Part of Litter – According to a 2012 study, commonly used polystyrene foam foodservice products make up 1.5
percent of litter. The report compiled information from nineteen litter surveys conducted in the U.S. and Canada from
1994 to 2009, including a 2008 national survey of 240 sites. Evaluating only the surveys conducted since 2000 yields an
even lower median value of 1.1 percent. (Source: “The Contribution of Polystyrene Foam Food Service Products to
Litter,” Environmental Resources Planning, Gaithersburg, MD, May 2012)
Bans Don’t Work – and Polystyrene foam foodservice is a small part of litter (1.5%). While all litter should be
reduced, polystyrene foam foodservice packaging makes up only 1.5 percent of litter, according to a May 2012 national
report by environmental consulting firm Environmental Resources Planning. Banning a product like polystyrene foam
foodservice ware and substituting it with a heavier product will not reduce litter. Substituting one type of litter for another
is not a smart strategy. For example, when San Francisco placed restrictions on the use of certain plastic foodservice
products, the city found that alternatives became more littered. (Source: “The City of San Francisco Streets Litter Re-
Audit 2008, prepared for the City of San Francisco Environment Department, July 4, 2008,
http://sfenvironment.org/downloads/library/2008_litter_audit.pdf)
Composting: Not a Simple Solution – Many people believe that communities could easily compost paper-based and
other “biodegradable” foodservice products. But it’s not that simple. These used foodservice items would still need to be
collected, separated and delivered to a large-scale compositing facility, of which there are few in the U.S. In the absence
of such a facility, these products generally end up in landfills. Once in landfills, they do not readily break down because
modern landfills are actually designed to retard decomposition.
Environmental Footprint – A full environmental picture is critical when comparing foodservice options. It’s easy to
focus only on a product’s end of life since that’s what consumers see – but the environmental footprint of any product
includes all of its impacts, such as raw material use, resources used in manufacture, fuel use and emissions in transport
and more (see Sanitation above). Polystyrene foodservice packaging uses less energy and resources to manufacture than
comparable paper-based products, leaving a lighter footprint. For example, a polystyrene foam cup requires about 50%
less energy to produce – and creates significantly fewer greenhouse gas emissions – than a similar coated paper-based cup
with its corrugated sleeve. A link to the release of the study
(http://www.americanchemistry.com/Media/PressReleasesTranscripts/ACC-news-releases/New-Study-Polystyrene-Foam-
Cups-and-Plates-Use-Less-Energy.html) as well as to the full peer reviewed study is provided here -
http://plasticfoodservicefacts.com/Life-Cycle-Inventory-Foodservice-Products.
Used polystyrene foodservice can help contribute an energy solution, too. Polystyrene foodservice also can be used as
a source of energy. Polystyrene actually has more captured energy than coal. This energy is released when municipal
solid waste is processed at waste-to-energy recovery facilities. The U.S. has 86 such facilities that can recapture this
energy and put it to good use, creating a domestic energy source to power homes and business.
Polystyrene foodservice saves fuel, energy and greenhouse gas emissions to make and transport. Polystyrene
foodservice uses less energy and resources to manufacture than alternatives. And as very lightweight plastic, shipping
polystyrene saves precious fuel. A full life cycle study highlights the tradeoffs and advantages of polystyrene foam
foodservice from an overall energy, air, water and waste perspective (http://plasticfoodservicefacts.com/Life-Cycle-
Inventory-Foodservice-Products)
Variety of Polystyrene Recycling Programs:
Polystyrene foodservice products are recycled in various ways in many communities, depending on the local solid waste
program. If a community, a school, a restaurant or supermarket wants to take advantage of plastic foodservice product
recycling, there are several ways to make that happen. Recycling polystyrene foam is fairly simple. The City of
Baltimore has elected to recycle polystyrene in selected areas, and has enacted neighborhood cleanup programs to deal
with all litter. The plastic products must be collected (free of major food debris) and delivered to a facility close enough
to make the transport economical. (Because foam packaging is more than 90% air, most programs “densify” the products
to get more on a truck.) The plastic is then ground up, heated and recast into plastic pellets. These pellets are sold to
companies that make products such as “green building” construction materials, consumer products and plastic packaging.
The website below highlights different venues – schools, restaurants, cities, national parks – that recycle foam and also
contain videos that walk through the various aspects of polystyrene foam recycling: There are over 500 curbside/drop off
programs nationwide recycling polystyrene foam foodservice and protective packaging. These sites are regulatory
updated, have 511 locations as of November 2016, and there is a spot-check of the website link:
http://www.recyclemoreplastic.org/plastics/eps_map.html
Many schools that use expanded polystyrene foam have recycling programs. One particular organization, Foodservice
Sustainability Solutions (FSS), http://www.styrosmart.com/modx/ specializes in waste stream reduction and recycling for
commercial and institutional foodservice expanded polystyrene waste and school waste. They provide real results from
the six schools in the Houston Integrated school District involving recycling of expanded polystyrene foam foodservice
resulting in 100% landfill diversion, reduction greenhouse gases, cutting waste removal cost by 70%, reduction trash bag
costs, and trash bag usage. This is a model that can be used in many schools.
Recycling solutions for post-use foodservice are emerging – new grant program for polystyrene foam announced.
Polystyrene foam foodservice packaging is being recycled in many communities across the country. The foodservice
industry through its Foam Recycling Coalition’s launched a new grant program this year to help fund infrastructure for the
collection, processing and marketing of products made for polystyrene foam (www.fpi.org/recyclefoam). The grant
program targets post-consumer polystyrene foam products such as foodservice packaging (i.e., cups, plates, bowls,
clamshells, cafeteria trays); egg cartons; meat rays; and protective “transport” packaging. Funding is now available for
foam recycling programs through this grant program – applications must be submitted by April 17, 2017 for priority
consideration. http://www.fpi.org/index.php?bid=100&storyid=185
A new study by the Berkeley Research Group (Market Analysis of End Uses for Recycled Post-Consumer expanded
polystyrene food ware) found nearly 140 companies that process or use recycled post-consumer foam, including food
ware, in the U.S. and Canada
(http://www.fpi.org/fpi/files/ccLibraryFiles/Filename/000000000779/BRG%20Memo%20Report%2010-9-2014.pdf) .
Banning this product when it can be recycled is not a sustainable solution.
Where do people have access to Polystyrene Foam Foodservice is Actually Recycled? 65 cities in California
(representing 22% of the population) have PS foam recycling going on – both foodservice polystyrene foam and what we
call EPS (expanded PS foam) protective packaging (shape molded transport packaging, PS “peanuts”/loose fill). There
are recyclers like Nepco in California that collect, process and make picture frames out of the recycled polystyrene foam.
This includes the City of Los Angeles, our nation’s second largest city, which collects polystyrene packaging in its
curbside recycling program. The LA program accepts foodservice products, like foam cups and take-out containers—
residents simply clean and toss them in the blue bin with their other recyclables.
Can Polystyrene Foam Recycling Opportunities be available in Maine?
Waste disposal, including recycling, is generally a local municipal issue – with cities, counties, and jurisdictions
developing and implementing programs that best fit their needs. Recyclables like polystyrene foam can be included in
those programs, if the various stakeholders involved work together. The plastics foodservice industry has experience and
interest in working with localities, and feels positive programs like recycling, recovery from waste, and waste reduction
go a long way in meeting sustainability goals for government and industry alike. The new grant program from the Foam
Recycling Coalition described above is another effort aimed at adding polystyrene foam to city recycling programs across
the U.S.
Polystyrene is approved as safe for use in foodservice by the Food and Drug Administration (FDA). FDA has
determined for more than 50 years that polystyrene is safe for use in foodservice products. A common but unnecessary
worry about many plastics in foodservice is that they may have tiny amounts of constituents that can make their way into
food. This is precisely one of the reasons why the FDA reviews and approves every material to be used in contact with
food for safety –- before it hits the market -- and this includes a look at what might migrate out of the material, so FDA
scientists and regulators are fully satisfied about the safety of the material.
Polystyrene should not be confused with styrene. Polystyrene and styrene are different substances. Styrene, a liquid,
and polystyrene, a solid are fundamentally different. Styrene is a liquid that can be chemically linked to create
polystyrene, which is a solid plastic that displays different properties. Polystyrene is used to make a variety of important
consumer products, such as foodservice containers, cushioning for shipping delicate electronics, and insulation. Equating
polystyrene with styrene is like equating a diamond with carbon. They are not the same substance.
National Toxicology Program (NTP): “Let me put your mind at ease …” NTP Director Dr. Linda Birnbaum, PhD.,
was widely quoted in Associated Press reports in June 2011 when the NTP decided to include styrene in its 12th Report on
Carcinogens: “Let me put your mind at ease right away about polystyrene foam … In finished products, certainly styrene
is not an issue.” Experts from the U.S. National Institute of Environmental Health Sciences (NIEHS) and the American
Cancer Society, along with NTP’s Associate Director John Bucher, have reached the same conclusions as Dr. Birnbaum.
“Styrene should not be confused with polystyrene (foam). Although styrene, a liquid, is used to make polystyrene, which
is a solid plastic, we do not believe that people are at risk from using polystyrene products” (NIEHS). Attached are
statements from key health agency experts stating that polystyrene foam foodservice ware made from styrene causes no
concern for use by consumers in the marketplace.
The Safety of Styrene in Selected Foods and Polystyrene Foam Foodservice Cups - Styrene occurs naturally in
foods such as strawberries and cinnamon. Whether naturally occurring in foods and beverages such as strawberries,
coffee beans or cinnamon, or produced synthetically, most people encounter styrene as a part of their daily lives, though
in small amounts. Scientific studies have shown that the small amounts of styrene consumers may be exposed to are not
harmful; studies have also shown that, should exposure occur, styrene does not stay in the body for long and is rapidly
metabolized and excreted. There is more styrene found in cinnamon, beer and beef than there is in a foam cup. For more
detailed information, visit: http://youknowstyrene.org/health-and-safety/consumers/
The Town of Avon proposed ban on Polystyrene foam foodservice will not Achieve Sustainability Goals.
Sustainability goals for the Town of Avon will not be met by promoting compostable products where opportunities to
compost there products don’t currently exist in the state, and by failing to examine recycling opportunities for polystyrene
foam as many communities have. A polystyrene foam cup, for example, requires one-third of the energy to produce
compared to some compostable alternatives. Paper cups would also be banned as part of the ordinance since they are not
recyclable.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: David McWilliams, Town Planner
Matt Pielsticker, Planning Director
Meeting Date: September 12, 2017 Meeting
Agenda Topic: PUBLIC HEARING and SECOND READING of Ordinance 17-12 Approving Title 7: Development Code Amendments; and
Title 8: Health and Safety
ACTION BEFORE COUNCIL
Vote on second and reading of Ordinance 17-12, Approving Title 7: Development Code Text Amendments; and Title 8: Health and Safety Amendments. PROPOSED MOTION
“I move to approve second reading of Ordinance 17-12, thereby approving Title 7: Development
Code Amendments; and Title 8: Health and Safety Amendments.” INTRODUCTION The Avon Town Council 2017-18 Strategic Plan highlights the Landscape code, chapter 7.28.050
of the 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
This first reading presents several code sections that have been recommended by PZC for approval, and viewed by Town Council for additional direction. Sections include:
A. Landscaping Code, Section 7.28.050 of Municipal Code
B. Fence Code, Section 7.28.080 of Municipal Code
C. Diseased Tree and Noxious Tree Code, Section 8.36.100 of Municipal Code
D. Definitions, Section 7.08 OF Municipal Code
Ordinance 17-12 Landscape Code Revision
CODE TEXT AMENDMENT REVIEW CRITERIA
Section 7.16.040(c), Code Text Amendment Review Criteria. The Town Council shall use the following review criteria as the basis for a decision on code text amendments:
(1) The text amendment promotes the health, safety and general welfare of the Avon
community; Staff Response: These changes promote the conservation of water, adhere to best practices in landscaping, and preserve the desired aesthetic of Avon. (2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan; Staff Response: The Comprehensive Plan states many goals and policies that are relevant to the proposed changes:
• Goal G.3: Discourage air, water, light, and noise pollution.
• Policy G.1.4: Minimize and mitigate potential development impacts to wildlife and
watersheds.
• Policy G.1.5: Locate parking areas, trash containers, loading, and service areas so they are
screened or buffered to minimize impacts on the Eagle River or surrounding uses.
• Policy G.4.1: Incentivize renewable energy and building techniques which support the
goals of the Eagle County Climate Action Plan.
• Policy G.4.3: Promote water conservation through public education, supply management,
and demand management techniques.
Specific areas within Town also promote water efficiency. For example, The Northern Residential
District states, “The character for the developed landscape should reflect the area’s dry climate and typically steep terrain with low water-requiring plant materials and natural landscaping.” (3) The text amendment promotes or implements the purposes stated in the Development
Code; or Staff Response: This update specifically promotes the following purposes of section 7.04.030 in the Development Code: (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(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
Ordinance 17-12 Landscape Code Revision
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;
(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
checking 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.
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions. Staff Response: This update is necessary as it aids in the conservation of water, thereby diminishing future costs of infrastructure, allowing for more resilience during drought periods, and
preserving a finite resource where it should be – in rivers and lakes.
AVAILABLE ACTIONS
• Continue Second Reading to September 26, 2017 meeting.
• Approve Second Reading with changes.
• Approve Second Reading as drafted.
NEXT STEPS Staff is recommending these changes, and also will be seeking the inclusion of a water budget in
the landscape code. This policy will address the policy of supply management for water, and put
Avon in an excellent position to account for the future growth of Avon and the Eagle Valley.
ATTACHMENT A: Ordinance 17-12
Ordinance 17-12 Landscape Code Revision
TOWN OF AVON ORDINANCE 17-12 APPROVING CODE TEXT AMENDMENTS TO TITLE 7:
DEVELOPMENT CODE; AND
TITLE 8: HEALTH AND SAFTY, AVON MUNICIPAL CODE WHEREAS, the Avon Town Council initiated an application (“Application”) to amend the
text of the Avon Development Code (“ADC”) in accordance with Section 7.16.040 of the ADC;
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on August 15, 2017, after publishing and posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff, considered such
information prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval of the application to the Town Council;
WHEREAS, the Town Council of the Town of Avon held public hearings on August 22,
2017, and September 12, 2017 after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to taking any action on the
Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application
in compliance with the review criteria, and specifically finds that the text amendment is
necessary or desirable to respond to changed conditions, new planning concepts or other social
or economic conditions and promotes the health, safety and general welfare of the Avon
community;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
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ATTACHMENT A
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 7.08 Definitions. The definition of Accessory Structure
and Accessory Use is amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted:
“Accessory structure means a subordinate building or use, that is located on the same lot on
which the main building or use is situated and which is reasonably necessary and incidental to
the conduct of the primary use of such building or main use.
Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental.”
Section 3. Amendment to Chapter 7.08 Definitions. The definition of Hydrozone is
hereby included to read as follows:
“Hydrozone means a cluster of plants with similar water requirements to improve the
efficiency and avoid overwatering.”
Section 4. Amendment to Section 7.28.050 Landscaping. Section 7.28.050 Landscaping is
hereby amended as follows, with strike-out indicating language to be deleted and underline
indicating language to be adopted:
“(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) Respects the limitations and best uses ofConserves limited 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;
(56) Breaks up large expanses of parking lots; and
(67) 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.
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ATTACHMENT A
(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)
NC, MC, TC, IC 20 20 20% of area up to 5,000
square feet
RSF, RL, RM, RH 25 20 20% of area up to 5,000
square feet
P, PF, OLD 0 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.
(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.
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ATTACHMENT A
(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 n/a 10 14
Deciduous tree, > 4—8" caliper n/q 8 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
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ATTACHMENT A
Shrubs, 5-gallon 1 1.2
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.
Xeriscaping Xeriscape ground cover 1 per 800400 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, rain
garden, rain barrel
As determined by Director
Retained Existing Vegetation Mass Landscape Bonus Landscaping
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ATTACHMENT A
Unit Bonuses 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 80% or more
of total landscaped area on temporary irrigation
15% 50%
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%
(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 (3) 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 ten (10) spaces.
(ii) The parking lot perimeter landscaping shall achieve a minimum of one and two-tenths (1.2) landscape units per lineal foot.
(ii) 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:
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ATTACHMENT A
(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 Incorporate deciduous shrubs and one (1), deciduous tree a minimum of two and one-half (2.5) inch caliper per two hundred (200) square
feet. (v) Incorporate trees, perennials, and grasses for seasonal color. in each island.
(viv) 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.
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ATTACHMENT A
(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.
(g6) 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.
(hg) 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:
Ord. 17-12 – Amending Development Code SECOND READING – September 12, 2017
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ATTACHMENT A
(1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve
and protect existing native vegetation and mature trees. Bonus landscapeLandscape 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, noNo 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 shall replace such tree on the lot, either inside or outside the building
envelope, it shall be replaced on the lot, 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.
(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.
(5) Alternative tree removal guidelines are at the discretion of the Director.
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ATTACHMENT A
(2) 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.
(1i) 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 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.
(2ii) 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.
(23) 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 desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use
in the Town.
(34) 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.
(5) 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.
(6) Irrigation and Watering Requirements:Plan Required
(i) All required landscaping shall be irrigated pursuant to Table 7.28-6, Minimum
Landscaped Area and Maximum Irrigated Area by Zoning District. The landscaping site plan
must identify the area of approximate installation of an automatic irrigation system, its
maintenance and intended uses. All landscape plans must note and delineate all irrigated and sod areas.
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ATTACHMENT A
(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.
(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) The following table shall be provided on all landscapeirrigation 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 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,
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ATTACHMENT A
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.
(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.
(iv) All irrigation shall be subject designed and operated according to the watering schedule
as imposed by the Eagle River Water and Sanitation District (ERWSD).
(iv) A rain sensor shall be installed with each new irrigation system.
(v) TemporaryAbove ground temporary 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.
(vi) 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) Amended tree soil should have a minimum planting hole diameter of two (2) times as
large as the root ball diameter. Both topsoil and subsoil layers shall be sandy loam. The
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ATTACHMENT A
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.
(57) 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.
(68) 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.
(79) 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.”
Section 5. Amendment to Section 7.28.080 – Fences. Section 7.20.090 – Fences, is hereby amended to enact a new sub-section (b)(1)(viii) to read as follows:
(viii) If a fence is intended to enclose an area containing more than 50% edible food
crops, the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet; (B) Have a maximum area of two hundred (200) square feet; (C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
(E) Fences enclosed on the top and greenhouses are considered accessory
structures.
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ATTACHMENT A
Section 6. Amendment to Section 8.36.100 – Abatement of noxious weeds. Section 8.36.100 – Abatement of noxious weeds is hereby amended to include a new title and additional
text to read as follows, with strike-out indicating language to be deleted and underline indicating
language to be adopted:
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.
(d) Notice of correction of diseased trees. If the Town finds the presence of diseased
trees that 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
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ATTACHMENT A
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 that is acceptable to the Town for the completion of the
management objective.
(e) 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. An owner-proposed treatment or removal plan found by staff to not comply with
the management objective can be appealed in accordance with Section 7.16.160 Appeal.
(f) Abatement. In the event the property owner fails to comply with the notice
to eradicatecorrect the identified noxious weedsissue 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, treat, or otherwise remove 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.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
Ord. 17-12 – Amending Development Code SECOND READING – September 12, 2017
Page 15 of 16
ATTACHMENT A
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 9. Effective Date. This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Section 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 12, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord. 17-12 – Amending Development Code SECOND READING – September 12, 2017
Page 16 of 16
ATTACHMENT A
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: ericheillaw@gmail.com e-mail:ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 17-11 Annexing the East Avon Preserve
DATE: September 7, 2017
SUMMARY: Ordinance No. 17-11 Annexing the East Avon Preserve is presented to the Avon Town
Council for second reading. Ord. No. 17-11 would effectively “annex” the 86 acre parcel abutting the east
side of the Village (at Avon) which the Town acquired from the U.S. Forest Service in 2012 as part of the
Eagle County multi-party land exchange. The East Avon Preserve is currently outside the Town’s
municipal boundary and in the Eagle County jurisdiction. The act of annexing is the formal process of
including property within the Town’s municipal boundaries, which results in the property being subject to the
Town’s land use regulations and other municipal regulations.
The East Avon Preserve is proposed for annexation because it is owned by the Town of Avon, adjacent
to the Town’s boundaries and part of both the Town’s Trails Plan and the Village (at Avon) comprehensive
development plan. Generally, it is common for municipalities to annex municipally owned land that is
adjacent to its existing municipal boundaries. Council must conduct a public hearing for second reading.
PROPOSED MOTION: “I move to approve second and final reading of Ordinance No. 17-11 Annexing the
East Avon Preserve.”
PROPERTY DESCRIPTION: The East Avon Preserve is 85.99 acres. A diagram of the East Avon
Preserve is attached. The Municipal Annexation Act of 1965 (“Annexation Act”) requires that at least 1/6th
of the perimeter of the East Avon Preserve must be contiguous with the boundary of the Town of Avon to
be eligible for annexation. The Annexation Plat attached to Ord. No. 17-11 indicates that 83.3% of the
perimeter of the East Avon Preserve is contiguous with the existing Town boundaries.
ANNEXATION PROCESS: The annexation process for municipally owned property is simplified. The
Town is required to (1) adopt an ordinance annexing the property and (2) submit an “Annexation Impact
Report” to the Board of County Commissioners of Eagle County. An Annexation Impact Report has been
submitted to Eagle County. The Town has not received any comments. There is little anticipated impact
because the majority of the property is planned for open space, passive recreation, an access road, and
some potential affordable housing that is yet to be determined or planned.
ZONING: The Town is required to zone the East Avon Preserve within 90 days after the effective date of
the annexation. The annexation Ordinance takes effect 30 days after adoption, so the Town has 120 days
to take action to zone the property. Town Staff is recommending the Public Facility zone district for the
6.5 acres in the Northwest corner and the Parks zone district the remainder of the property. Town staff has
prepared a zoning application and zoning ordinance which is being processed and which will be presented
to Council separately.
Thank you, Eric
ATTACHMENTS: A – Ordinance No. 17-11
B – Annexation Impact Report
M EMORANDUM& PLANNING, LLC
Ord 17-11 Annexing the East Avon Preserve
FINAL – September 7, 2017
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE 17-11
ANNEXING THE EAST AVON PRESERVE PROPERTY
WHEREAS, the Town of Avon (“Town”) is the sole owner of the East Avon Preserve
property, described on Exhibit A: Annexation Map of Lot 1 and Lot 2, Section 8, Township 5
South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado, attached
hereto and incorporated by reference (Exhibit A is hereinafter referred to as the “Annexation
Plat” and the Town property described therein is hereinafter referred to as the “Property”); and,
WHEREAS, the Avon Town Council (“Council”) desires to annex the Property; and,
WHEREAS, Annexation Property is eligible for annexation under the provisions of the
Municipal Annexation Act of 1965, Colorado Revised Statute Title 31, Article 12 and complies
with the applicable requirements of C.R.S. § 31-12-104, § 31-12-105, § 31-12-106(3), and § 31-
12-108.5; and,
WHEREAS, Property is owned by the Town and is not solely a public street or right-or-way;
and,
WHEREAS, the Council finds that the Town has submitted a petition for annexation of the
Property, as set forth in Exhibit A that the Property is 1/6 contiguous with the existing municipal
boundary of the Town of Avon, and that a community interest exists because the Property
includes essential municipal public infrastructure serving the Avon community; and,
WHEREAS, C.R.S. § 31-12-106(3) authorizes the annexation of unincorporated municipally
owned land without notice or hearing; and,
WHEREAS, it is desirable that the Property be annexed to the Town in order to encourage
well-ordered development, and no additional terms or conditions are to be imposed on this
annexation; and,
WHEREAS, the annexation of the Property to the Town of Avon is in the best interests of
the public health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
ATTACHMENT A
Ord 17-11 Annexing the East Avon Preserve
FINAL – September 7, 2017
Page 2 of 3
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Council.
Section 2. Annexation. The Property is hereby annexed into the Town of Avon.
Section 3. Executing and Filing Documents. The Mayor and Town Clerk are hereby
authorized to execute all necessary documents to complete the annexation of the Property. As
required by statute, the Town shall:
A. File one copy of the Annexation Plat with the original of this Ordinance in the office of
the Town Clerk for the Town; and
B. File for recording three certified copies of this Ordinance and of the Annexation Plat
containing a legal description of such area with the Clerk and Recorder of Eagle
County, Colorado.
Section 4. Correction of Errors. The Town Clerk, Town Manager and Town Attorney are
authorized to review and approve the correction of any typos, references, dates, recitals,
grammar and matters related to compliance with statutory format requirements provided that
such corrections do not change the substance of this Ordinance.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT A
Ord 17-11 Annexing the East Avon Preserve
FINAL – September 7, 2017
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 12, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A
EXHIBIT A: ANNEXATION PLAT
Annexation Impact Report: East Avon Parcel
July 28, 2017
Page 1 of 4
ANNEXATION IMPACT REPORT
FOR
LOT 1 & LOT 2, SECTION 8
aka “East Avon Preserve Parcel”
Prepared on July 28, 2017 by the Town of Avon
ATTACHMENT B: ANNEXATION IMPACT REPORT
Annexation Impact Report: East Avon Parcel
July 28, 2017
Page 2 of 4
Annexation Impact Report: This Annexation Impact Report is submitted to the Board of County Commissioners in
accordance with C.R.S. §31-12-108.5. The Town of Avon intends to conduct public hearings on August 22, 2017 and on
September 12, 2017 as part of first and second reading of an Ordinance to annex the East Avon Preserve. This Annexation Impact
Report includes a Background narrative, information required by statute, and a schedule for the Town of Avon annexation and
zoning actions.
Background: The East Avon Preserve Parcel (“East Avon Preserve”) is 85.99 acres. The Town acquired the East
Avon Preserve in 2013 from the United States government as part of the Multi-Party Land Exchange agreement
involving several parcels and parties. The East Avon Preserve may contain an area up to 6.5 acres for affordable
housing and the balance of the East Avon Preserve, 79.49 acres, may be used for vehicular and trail access to reach
private development to the east, as well as the development of public trails. Please see the General Development Plan
below.
The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement dated May 9, 2013, (which
referred to the East Avon Parcel as the “Village Parcel”). The Intergovernmental Agreement states in part that after the
boundaries of a reserved area for affordable housing and communities facilities and the road and trails alignments are
determined, the Town of Avon is committed to granting a conservation easement on a portion of the East Avon
Preserve to a land trust mutually acceptable to the Town and Eagle County. Please see the Intergovernmental
Agreement for the specific language.
Annexation Impact Report Information: The following information is provided in accordance with the statutory
requirements:
A. A map or maps of the municipality and adjacent territory to show the following information:
(i) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;
(ii) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and
ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed
annexation; and
(iii) The existing and proposed land use pattern in the areas to be annexed.
The General Development Plan, and Annexation Map of Lot 1 and Lot 2, Section 8, copies of which are on file
with the Town of Avon, have been created to identify the present and proposed boundaries of the Town of Avon,
the existing and proposed land uses on the property to be annexed, and the planned location of the potential
East Swift Gulch Road extension. There are no existing streets, major trunk water mains, sewer interceptors
and/or outfalls and utility lines within the proposed annexation area. There is one existing utility access road
and corresponding easement on the north end of the parcel for Holy Cross Electric Company.
The proposed annexation area is bounded by:
• To the West: Traer Creek property, zoned Planned Unit Development for regional/neighborhood
commercial, and residential mixed-use;
• To the North: Traer Creek property, zoned Planned Unit Development for single-family and multi-family
dwelling units, and open space;
• To the East: Traer Creek property, zoned Planned Unit Development for regional/neighborhood
commercial, and residential mixed-use; and
• To the South: Denver and Rio Grande Rail Way. and Interstate 70 Right-of-Way.
ATTACHMENT B: ANNEXATION IMPACT REPORT
Annexation Impact Report: East Avon Parcel
July 28, 2017
Page 3 of 4
The existing and proposed land use patterns in the area to be annexed are shown on the General Development
Plan, a copy of which is on file with the Town of Avon.
B. A copy of any draft or formal pre-annexation agreement, if available;
Not Applicable.
C. A statement setting forth the plans of the municipality for extending to or otherwise providing
for, within the area to be annexed, municipal services performed by or on behalf of the municipality
at the time of annexation;
The East Avon Preserve property is nearly surrounded by the Village (at Avon) Planned Unit Development
Project. The Town of Avon has an Annexation and Development Agreement (“Development Agreement”)
with Traer Creek for the Village (at Avon) development which includes extensive provisions for vested property
rights and financing of infrastructure. The Development Agreement includes the formation of the Traer Creek
Metropolitan District and Village Metropolitan District which are intended to finance the construction of streets
and extension of utilities. Any development of the affordable housing and community facility portion of the East
Avon Preserve is expected to be coordinated with the development of Planning Area J, Village (at Avon) which
is adjacent to this portion of the East Avon Preserve. The timeframe for development of vehicular access
across the East Avon Preserve to Planning Area I is speculative and undetermined at this time. The East Avon
Preserve would be served by the Eagle River Fire Protection District, Eagle County Ambulance District, the
Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District. The Town of Avon
would provide police and other municipal services to the East Avon Preserve.
D. A statement setting forth the method under which the municipality plans to finance the extension of
the municipal services into the area to be annexed;
Financing of roadway, water and sanitary sewer infrastructure to support development of the area to be
annexed will be determined at the time of subdivision and site planning and will likely be coordinated with
adjacent development in the Village (at Avon).
E. A statement identifying existing districts within the area to be annexed: Existing districts include:
•Eagle County Schools
•Upper Eagle Regional Water Authority
•Eagle River Water and Sanitation District
•Eagle River Fire Protection District
•Eagle County Health Service District
F. A statement on the effect of annexation upon local public school district systems, including the
estimated number of students generated and the capital construction required to educate such
students.
The annexation of the East Avon Preserve is planned to have 6.5 acres for potential affordable housing, or
potentially more with concurrence of Eagle County in accordance with the Intergovernmental Agreement. The
development of affordable housing is expected to generate additional student demand on the Eagle County School
system; however, no site analysis has been conducted to determine the potential development of this area and no
plans exist which indicate housing types or density. Therefore, any estimate of potential student generation would
be speculative at this time. Furthermore, the timing of potential development of affordable housing is also
speculative and undetermined, particularly since it is expected that any infrastructure development would be
coordinated with, or would follow, the development of Planning Area J in the Village (at Avon).
ATTACHMENT B: ANNEXATION IMPACT REPORT
Annexation Impact Report: East Avon Parcel
July 28, 2017
Page 4 of 4
Schedule of Actions: Avon Town Council is scheduling first reading of ordinance to annex the East Avon
Preserve parcel for August 22, 2017 and is scheduling second reading for September 12, 2017. Any
comments received by Wednesday, August 16 will be included in the Avon Town Council packet for the August
22, 2017 public hearing. Any comments received by Wednesday, September 6, 2017 will be include in the
Avon Town Council packet for the September 12, 2017 public hearing. Comments may be submitted to
mpielsticker@avon.org.
It is expected that a concurrent application for zoning of the property will be submitted so that first and second
reading of an ordinance zoning the East Avon Preserve will occur on the same Avon Town Council dates (Aug.
22 and Sept 12) after action on the annexation ordinance. The anticipated zoning for the East Avon Preserve
is Public Facilities for the 6.5 acres in the northwest corner of the parcel and Parks for the remainder of the
parcel.
General Development Plan
ATTACHMENT B: ANNEXATION IMPACT REPORT
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: September 12, 2017
Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 2017-13, An Ordinance Approving
Public Facilities (PF) and Parks (P) zoning for the East Avon Preserve
ACTION BEFORE COUNCIL
Vote on an Ordinance that approves Public Facilities (PF) and the Parks (P) zone districts for the East
Avon Preserve property.
PROPOSED MOTION
“I move to approve Ordinance 2017-13 (Attachment A), thereby approving PF and P zoning for the East
Avon Preserve property.”
SUMMARY
The Planning and Zoning Commission (PZC) revised this rezoning application and provided a favorable
recommendation at their August 15, 2017 public hearing. Following approval of first reading of
Ordinance 2017-13 at the August 22, 2017 meeting, Council will act on second and reading of Ordinance
2017-13. The attached report (Attachment B) to PZC includes additional property information, zoning,
and review criteria for final consideration of the Ordinance.
ATTACHMENTS
A: Ordinance 2017-13
B: PZC Materials
Ordinance 2017-13| East Avon Preserve | Rezoning 1
TOWN OF AVON, COLORADO
ORDINANCE NO. 17-13 APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE EAST AVON PRESERVE PROPERTY
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town of Avon (“Applicant”) has made application to rezone Lot 1 and Lot
2, Section 8, Township 5, South, Range 82 West of the 6th Principal Meridian, Eagle County ,
Colorado ( hereinafter referred to as the “Property”) with the Public Facilities (“PF”) and Parks (“P”) zone districts; and
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on August 15, 2017; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and a Record of Decision on August 15, 2017, in accordance with AMC §7.16.020(f), making a recommendation
to the Town Council to approve the Application; and
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in
accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held a public hearing
September 12, and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town
Council has application review and decision-making authority to approve, approve with
conditions or deny the Application; and
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has
considered the applicable review criteria for rezoning and finds that the criteria are met in
accordance with the town staff report, and in accordance with the Findings of Fact; and
WHEREAS, the PF and P zone districts are appropriate for the future envisioned uses of the
Property which include housing and passive park uses; and
WHEREAS, the Town Council finds that the rezoning is in the best interests of the public
health, safety, and general welfare of the Avon community; and
Ord 17-13 Rezoning East Avon Preserve SECOND READING – September 12, 2017 Page 1 of 4
ATTACHMENT A
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Rezoning. The Town of Avon Official Zoning Map will be updated to reflect 6.5
acres in the northwest corner of the Property as Public Facilities; remaining acreage is zoned
Parks.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty
(30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
Ord 17-13 Rezoning East Avon Preserve SECOND READING – September 12, 2017 Page 2 of 4
ATTACHMENT A
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 17-13 Rezoning East Avon Preserve SECOND READING – September 12, 2017 Page 3 of 4
ATTACHMENT A
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 22, 2017 and setting such public hearing for September 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 12, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 17-13 Rezoning East Avon Preserve SECOND READING – September 12, 2017 Page 4 of 4
ATTACHMENT A
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
1
Staff Report – Rezoning
August 15, 2017 Planning & Zoning Commission Meeting
Project file Case #REZ17003
Legal description Lot 1 & Lot 2, Section 8, Township 5 South, Range 82 West of the
6th Principle Meridian
Proposed Zoning Public Facilities (PF) & Parks (P)
Prepared By Matt Pielsticker, AICP, Planning Director
Introduction
Before the Planning and Zoning Commission is a rezoning application for a Town-owned
property currently referred to as the “East Avon Preserve”; subject of annexation review by
Council next month. It was acquired in 2013 as part of the USFS land exchange and is limited by
agreement to vehicular and trail access, as well as affordable housing/community facilities. PZC
will review the application and conduct a public hearing on August 15, 2017. After reviewing
staff’s analysis and considering public input, PZC will forward a recommendation to the Town
Council.
Proposal
6.5 acres in the northwest corner of the parcel to be zoned Public Facilities (PF).
According to Sec. 7.20.060(e), the PF district “is intended to provide sites for public uses
such as community centers, police and fire stations and governmental facilities. The uses
permitted in this district are identified by location the in Avon Comprehensive Plan. Unless
otherwise set forth in the Avon Comprehensive Plan, the following dimensional
requirements shall apply for PF zone district:
Remaining parcel to be zoned Parks (P).
According to Sec. 7.20.060(f), the purpose of the P district “is to promote and encourage a
suitable environment devoted to parks, recreation improvements, trails and organized
recreation uses for the enjoyment of all members of the community. There are no dimensional
requirements for this district. Active recreation facilities and structures will be developed
according to the Comprehensive Plan.”
ATTACHMENT B: PZC MATERIALS
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
2
Property Description
The property measures 85.99 acres and is largely native. It is highly visible from Interstate 70
and areas of Eagle Vail, across from the Eagle Vail business district. An exploratory road was
cut just above the parcel for future development of the Village at Avon residential areas, and
can be used as a good general indication of the northerly limits of the East Avon Preserve.
The land is relatively steep sloping toward the valley floor, except for a bench on the northwest
corner that is earmarked for potential future housing and community facilities. Access to the
property would be provided from the west through Planning Area J and East Swift Gulch Road.
Vegetation is native with a mix of sagebrush shrublands and pinyon-juniper.
Potential Road
The Town has granted permission for a future road and recreational trail through the property
by approving a covenant and temporary easement agreement. The purpose of the agreement
is to provide for a public road and path to connect two development areas: Planning Area J
near Post Boulevard to Planning Area I. The Village at Avon PUD Map below shows the East
Avon Preserve, highlighted in orange and surrounding development opportunities. The red
planning areas indicated the potential for mixed-use commercial development. Yellow
represents low density residential with open space.
Future Trails
When the property was acquired by the Town, the concept to leave undeveloped portions of
the parcel in the natural state was envisioned. Along with the roadway, recreation path and
housing, trails can be developed in the open space. The development concept can be
visualized in the attached Annexation Impact report (Exhibit A).
ATTACHMENT B: PZC MATERIALS
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
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Future Conservation Easement
As part of the land exchange agreement in 2013, the Town of Avon and Eagle County signed a
Memo of Understanding. Due to the uncertainty with the exact location of the roadway or
timing of construction, the Town agreed to provide a conservation easement on the parcel in
the future. The easement will restrict and protect areas in their natural state that are not used
for roadway, trail, or 6.5 acres of affordable housing/community facilities.
Rezoning Review Criteria Analysis
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.
(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
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;
ATTACHMENT B: PZC MATERIALS
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
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(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: By zoning the majority of the property Parks, the application will advance
Purpose statement (k) by maintaining the open space and scenic beauty of the valley. It
will advance the open space goals of the Comprehensive Plan. Zoning a portion of the
property Public Facilities and allowing housing (with Special Review Use approval by PZC),
will advance Purpose statement (n) and the housing opportunities in the Town.
(2) Consistency with the Avon Comprehensive Plan;
Staff Response: The rezoning application will provide consistency with the Comprehensive Plan.
The property is located in District 8: Open Space District. The area includes most of the south
facing open spaces on the north side of Interstate 70. These parcels “are important to
maintaining the desired character of Avon and for development consistent with the overall land-
use plan. The Planning Principles speak to collaboration with the USFS, and acquiring and
maintaining trail access when possible. General land use goals and policies from the Avon
Comprehensive Plan worth noting include:
ATTACHMENT B: PZC MATERIALS
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
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(3) Physical suitability of the land for the proposed development or
subdivision;
Staff Response: The Property is physically suitable for the proposed development.
The future conservation easement acknowledges the physical difficulty with cutting a
roadway and therefore provides a large area to plan the least impactful and most cost
effective access.
(4) Compatibility with surrounding land uses;
Staff Response: The areas surrounding the parcel are undeveloped currently, but
planned for mixed use commercial to the west and east, and residential further to the
north. Open space, trails, and public facilities and housing are compatible land uses.
(5) Whether the proposed rezoning is justified by changed or changing
conditions in the character of the area proposed to be rezoned
Staff Response: Zoning property is a requirement immediately following or in
conjunction with annexation. With annexation slated for September 2017, rezoning is
justified and timely.
(6) Whether there are adequate facilities available to serve development for
the type and scope suggested by the proposed zone compared to the existing
zoning, while maintaining adequate levels of service to existing development;
Staff Response: The development would be served by the Eagle River Fire Protection
District, Eagle County ambulance District, Upper Eagle Regional Water Authority, and
the Eagle River Water and Sanitation District. Any development of affordable housing
ATTACHMENT B: PZC MATERIALS
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
6
and community facilities would be limited in scope and would need to be coordinated
with the development of Planning Area J to the west.
(7) Whether the rezoning is consistent with the stated purpose of the
proposed zoning district(s);
Staff Response: The purpose statements of the PF and P districts are quoted above
and the rezoning is consistent.
(8) That, compared to the existing zoning, the rezoning is not likely to result in
adverse impacts upon the natural environment, including air, water, noise,
stormwater management, wildlife, and vegetation, or such impacts will be
substantially mitigated;
Staff Response: Staff does not anticipate any adverse impacts upon the natural
environment. 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
anticipated.
(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: As stated in the Impact Report (Exhibit A), the development of
affordable housing is expected to generate additional student demand on the Eagle
County School system; however, no site analysis has been conducted to determine the
potential development of this area and no plans exist which indicate housing types or
density. Infrastructure will be coordinated with adjacent development of Planning
Area J.
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.
3. Approve Findings of Fact and Record of Decision recommending that the Town Council
deny the application.
ATTACHMENT B: PZC MATERIALS
August 15, 2017 PZC Meeting
East Avon Preserve Rezoning
7
Staff Recommendation
Staff recommends approval of the attached (Exhibit B) draft Findings of Fact, Record of
Decision, and recommendation to Council pursuant to Section 7.16.020(f)(3).
Recommended Motion
“I move to recommend Town Council approval of Case #REZ17003, an application for rezoning of
the East Avon Preserve property, together with the findings of fact documented as Exhibit C to
staff’s report.”
Exhibits
A –Annexation Impact Report
B –Draft Findings of Fact and Recommendation
Vicinity Map
ATTACHMENT B: PZC MATERIALS
Annexation Impact Report: East Avon Parcel July 28, 2017
Page 1 of 4
ANNEXATION IMPACT REPORT
FOR
LOT 1 & LOT 2, SECTION 8
aka “East Avon Preserve”
Prepared on July 28, 2017 by the Town of Avon
ATTACHMENT B: PZC MATERIALS
Annexation Impact Report: East Avon Parcel July 28, 2017
Page 2 of 4
Annexation Impact Report: This Annexation Impact Report is submitted to the Board of County Commissioners in
accordance with C.R.S. §31-12-108.5. The Town of Avon intends to conduct public hearings on August 22, 2017 and on
September 12, 2017 as part of first and second reading of an Ordinance to annex the East Avon Preserve. This Annexation Impact
Report includes a Background narrative, information required by statute, and a schedule for the Town of Avon annexation and
zoning actions.
Background: The East Avon Preserve Parcel (“East Avon Preserve”) is 85.99 acres. The Town acquired the East
Avon Preserve in 2013 from the United States government as part of the Multi-Party Land Exchange agreement
involving several parcels and parties. The East Avon Preserve may contain an area up to 6.5 acres for affordable
housing and the balance of the East Avon Preserve, 79.49 acres, may be used for vehicular and trail access to reach
private development to the east, as well as the development of public trails. Please see the General Development Plan
below.
The Town of Avon and the County of Eagle entered into an Intergovernmental Agreement dated May 9, 2013, (which
referred to the East Avon Parcel as the “Village Parcel”). The Intergovernmental Agreement states in part that after the
boundaries of a reserved area for affordable housing and communities facilities and the road and trails alignments are
determined, the Town of Avon is committed to granting a conservation easement on a portion of the East Avon
Preserve to a land trust mutually acceptable to the Town and Eagle County. Please see the Intergovernmental
Agreement for the specific language.
Annexation Impact Report Information: The following information is provided in accordance with the statutory
requirements:
A. A map or maps of the municipality and adjacent territory to show the following information:
(i) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;
(ii) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and
ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed
annexation; and
(iii) The existing and proposed land use pattern in the areas to be annexed.
The General Development Plan, and Annexation Map of Lot 1 and Lot 2, Section 8, copies of which are on
file with the Town of Avon, have been created to identify the present and proposed boundaries of the Town of
Avon, the existing and proposed land uses on the property to be annexed, and the planned location of the
potential East Swift Gulch Road extension. There are no existing streets, major trunk water mains, sewer
interceptors and/or outfalls and utility lines within the proposed annexation area. There is one existing utility
access road and corresponding easement on the north end of the parcel for Holy Cross Electric Company.
The proposed annexation area is bounded by:
• To the West: Traer Creek property, zoned Planned Unit Development for regional/neighborhood
commercial, and residential mixed-use;
• To the North: Traer Creek property, zoned Planned Unit Development for single-family and multi-
family dwelling units, and open space;
• To the East: Traer Creek property, zoned Planned Unit Development for regional/neighborhood
commercial, and residential mixed-use; and
• To the South: Denver and Rio Grande Rail Way. and Interstate 70 Right-of-Way.
ATTACHMENT B: PZC MATERIALS
Annexation Impact Report: East Avon Parcel July 28, 2017
Page 3 of 4
The existing and proposed land use patterns in the area to be annexed are shown on the General
Development Plan, a copy of which is on file with the Town of Avon.
B. A copy of any draft or formal pre-annexation agreement, if available;
Not Applicable.
C. A statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on behalf of
the municipality at the time of annexation;
The East Avon Preserve property is nearly surrounded by the Village (at Avon) Planned Unit Development
Project. The Town of Avon has an Annexation and Development Agreement (“Development Agreement”)
with Traer Creek for the Village (at Avon) development which includes extensive provisions for vested
property rights and financing of infrastructure. The Development Agreement includes the formation of the
Traer Creek Metropolitan District and Village Metropolitan District which are intended to finance the
construction of streets and extension of utilities. Any development of the affordable housing and community
facility portion of the East Avon Preserve is expected to be coordinated with the development of Planning
Area J, Village (at Avon) which is adjacent to this portion of the East Avon Preserve. The timeframe for
development of vehicular access across the East Avon Preserve to Planning Area I is speculative and
undetermined at this time. The East Avon Preserve would be served by the Eagle River Fire Protection
District, Eagle County Ambulance District, the Upper Eagle Regional Water Authority, and the Eagle River
Water and Sanitation District. The Town of Avon would provide police and other municipal services to the
East Avon Preserve.
D. A statement setting forth the method under which the municipality plans to finance the extension of
the municipal services into the area to be annexed;
Financing of roadway, water and sanitary sewer infrastructure to support development of the area to be
annexed will be determined at the time of subdivision and site planning and will likely be coordinated with
adjacent development in the Village (at Avon).
E. A statement identifying existing districts within the area to be annexed: Existing districts include:
• Eagle County Schools
• Upper Eagle Regional Water Authority
• Eagle River Water and Sanitation District
• Eagle River Fire Protection District
• Eagle County Health Service District
F. A statement on the effect of annexation upon local public school district systems, including the
estimated number of students generated and the capital construction required to educate such
students.
The annexation of the East Avon Preserve is planned to have 6.5 acres for potential affordable housing, or
potentially more with concurrence of Eagle County in accordance with the Intergovernmental Agreement. The
development of affordable housing is expected to generate additional student demand on the Eagle County School
system; however, no site analysis has been conducted to determine the potential development of this area and no
plans exist which indicate housing types or density. Therefore, any estimate of potential student generation would
be speculative at this time. Furthermore, the timing of potential development of affordable housing is also
speculative and undetermined, particularly since it is expected that any infrastructure development would be
coordinated with, or would follow, the development of Planning Area J in the Village (at Avon).
ATTACHMENT B: PZC MATERIALS
Annexation Impact Report: East Avon Parcel July 28, 2017
Page 4 of 4
Schedule of Actions: Avon Town Council is scheduling first reading of ordinance to annex the East Avon
Preserve parcel for August 22, 2017 and is scheduling second reading for September 12, 2017. Any
comments received by Wednesday, August 16 will be included in the Avon Town Council packet for the
August 22, 2017 public hearing. Any comments received by Wednesday, September 6, 2017 will be
included in the Avon Town Council packet for the September 12, 2017 public hearing. Comments may be
submitted to mpielsticker@avon.org.
It is expected that a concurrent application for zoning of the property will be submitted so that first and second
reading of an ordinance zoning the East Avon Preserve will occur on the same Avon Town Council dates
(Aug. 22 and Sept 12) after action on the annexation ordinance. The anticipated zoning for the East Avon
Preserve is Public Facilities for the 6.5 acres in the northwest corner of the parcel and Parks for the
remainder of the parcel.
General Development Plan
ATTACHMENT B: PZC MATERIALS
ATTACHMENT B: PZC MATERIALS
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 22, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:13 p.m. A roll call was taken and Council members
present were Megan Burch, Amy Phillips, Jake Wolf and Scott Prince. Matt Gennett arrived at 5:17 p.m.
Sarah Smith Hymes was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric
Heil, Assistant Town Manager Scott Wright, Deputy Police Chief Coby Cosper, Recreation Director John
Curutchet, Planning Director Matt Pielsticker, Deputy Town Manager Preston Neill and Town Clerk
Debbie Hoppe.
2. APPROVAL OF AGENDA
Councilor Phillips asked to pull off item 5.5.4 "Approval of the Minutes from August 8, 2017 Council
Meeting" from the Consent Agenda to discuss substantive edits. Council agreed to the change.
3. MEETING PROCEDURES FOR THE MEETING OF AUGUST 22, 2017
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 09:50 Part One
Michael Cacioppo commented on the Storytellers event and booking events at the Avon
Performance Pavilion. Mr. Cacioppo also made some comments about the West Beaver Creek
Boulevard Redesign Project. Zach Blom, Director of the Vail Mountaineer Hockey Club, talked about
the Club and conveyed his support of an ice rink as part of the Town-Owned Properties Project.
Paul Backes, Treasurer of the Vail Mountaineer Hockey Club, commented about the program. Mick
Kelly, Mike Suhadolink, Blake Putman, Dan Trush, Sam Trush, Alison Wadey, Matt Wadey, Joanne
Bott and Keeleigh Bott conveyed their support of expanding ice rink opportunities and said that
Avon and the Vail Valley would benefit from an ice rink in Nottingham Park. Michael Cacioppo
commented on the ice rink campaign.
5. ACTION ITEMS
Start time: 46:47 Part One
5.1. FIRST READING OF ORDINANCE 17-11, ANNEXING THE EAST AVON PRESERVE
(TOWN ATTORNEY ERIC HEIL)
Councilor Burch moved to approve first reading of Ordinance 17-11, annexing the East Avon
Preserve. Councilor Phillips seconded the motion and it passed unanimously by Council
members present. Mayor Pro Tem Smith Hymes was absent.
5.2. FIRST READING OF ORDINANCE 17-12, AMENDING THE TOWN’S LANDSCAPE CODE
(PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 49:10 Part One
Councilor Phillips moved to approve first reading of Ordinance 17-12, thereby approving Title 7:
Development Code Amendments; and Title 8: Health and Safety Amendments. Councilor Burch
seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem
Smith Hymes was absent.
5.3. FIRST READING OF ORDINANCE 17-13, APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE EAST AVON
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 22, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
PRESERVE (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 55:10 Part One
Councilor Phillips moved to approve Ordinance 17-13 (Attachment A), thereby approving PF and
P zoning for the East Avon Preserve property. Councilor Prince seconded the motion and it passed
unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent.
Council moved to the item 5.5 “Consent Agenda.”
5.5. CONSENT AGENDA
Start time: 58:35 Part One
5.5.1. APPROVAL OF WRITTEN FINDINGS AND RECORD OF DECISION DENYING THE REZONING REQUESTED
FOR 510 NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER)
5.5.2. RESOLUTION 17-19 APPROVING THE FORM OF TRAILS EASEMENT AGREEMENT
(TOWN ATTORNEY ERIC HEIL)
5.5.3. RESOLUTION 17-18, JOINING THE COMPACT OF COLORADO COMMUNITIES
(DEPUTY TOWN MANAGER PRESTON NEILL)
Councilor Burch moved to approve the consent agenda, without item 5.5.4 “Approval of
Minutes from August 8, 2017 Council Meeting.” Councilor Phillips seconded the motion and it
passed unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent.
5.5.4. APPROVAL OF MINUTES FROM AUGUST 8, 2017 COUNCIL MEETING
Councilor Phillips provided an edit to the minutes. Councilor Gennett moved to approve the minutes as
amended. Councilor Burch seconded the motion and it passed with a vote of 5. Councilor Wolf abstained
from the vote. Mayor Pro Tem Smith Hymes was absent.
Council moved to item 8 “Mayor and Council Comments and Meeting Updates.”
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 61:15 Part One
Councilor Phillips commented on an ECO Transit meeting.
Mayor Fancher talked about the DOLA Small Communities Workshop she attended. She said the
subject discussed the most was affordable housing. She also said that she enjoyed the 10th
Mountain Storytellers event.
Councilor Wolf asked about the status of the Pianos on Parade piano. He also asked about the
status of ticket sales for the Ben Harper concert on September 15th.
Council took a 15 minute recess and then moved on to item 5.4.
5.4. ACTION ON FUNDING REQUEST TO AUTHORIZE UP TO $10,000 IN CONSULTANT SERVICES RELATED TO
RELOCATING THE HAHNEWALD BARN TO TRACT G, AS RECOMMENDED BY THE PLANNING AND ZONING
COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 68:51 Part One
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 22, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
Kathy Heicher, member of the Historic Preservation Advisory Board, commented about Avon's
history. Brian Sipes delivered a presentation about the Hahnewald Bark and requested that the
Town Council approve funding to begin an assessment of the cost to relocate the Hahnewald
Barn to Tract G. Lindsay Hardy, Chairman of the Planning & Zoning Commission (PZC), talked
about the PZC's recommendation for the Hahnewald Barn to be relocated to a southern parcel
of Town Park, in Tract G. Kristi Ferraro, April Nottingham, Janet Hicks, Phil Brodsky, and Tamara
Nottingham Underwood voiced their support for relocation of the Barn to Tract G. Mayor Pro
Tem Smith Hymes joined the meeting via phone at 7:25 p.m.
Councilor Gennett moved to appropriate a minimum of $10,000 for the Town Manager to retain
qualified architectural and engineering services to complete the Scope of Work, described in this
Council Report. Funding shall be from the Urban Renewal Authority Fund appropriated at the next
budget amendment meeting. Councilor Burch seconded the motion and it passed unanimously by
Council members present. Mayor Pro Tem Smith Hymes was absent.
Council moved to item 6.1.
6. WORK SESSION
6.1. REVIEW AND DIRECTION ON REVENUE PROJECTIONS FOR THE 2018-19 BUDGET AND ALLOCATION TARGET OF
UP TO $161,000 FOR THE COMMUNITY GRANT PROGRAM AND $500,000 FOR THE SPECIAL EVENTS RESERVE
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Start time: 00:10 Part Two
Council provided direction to revise the sales tax projection for 2017 to 1.5% average for the
remainder of the year and to make the FY2018 and FY2019 sales tax projections flat (or YOY 0%
increase).
Council provided direction to revise the accommodations tax projection for 2017 to 2016 actuals
for the remaining months. Direction was also provided to make the FY2018 accommodations tax
projection to - 1% and to make the FY 2019 accommodations tax projection flat to FY 2018.
Council provided direction to set $500,000 as the maximum amount of money for Special
Events funding that the Ad Hoc Special Events Committee’s funding recommendations shall not
exceed. Bobby Bank and Lisa Mattis spoke on behalf of the Ad Hoc Special Events Committee's
recommendation.
Council provided direction to set $161,000 as the maximum amount of money for Community
Grant Program funding that the Ad Hoc Review Committee’s funding recommendations shall
not exceed. Direction was also provided for the Ad Hoc Review Committee to make a funding
recommendation for a small contingency out of the approved maximum amount. The
contingency would be used for unforeseen contributions. Council asked staff to evaluate the
net revenues some non-profits have seen from holding special event liquor permits.
Mayor Pro Tem Smith Hymes arrived at 9:15 p.m.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 22, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 4
Council provided direction to not change FY2017, FY2018 and FY2019 RETT projections
($2,300,000). Council agreed with staff's recommendation to assign revenues collected from
Wyndham Vacation ownership to the Town-Owned Properties Development Strategies Plan.
Council agreed with staff's recommendation to keep Recreation Center admission fees the
same for FY2018 and FY2019.
Council agreed with staff's recommendation to keep Fleet Maintenance shop rates the same for
FY2018 and FY2019.
7. WRITTEN REPORTS
7.1. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)
9. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 9:51 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 ________________________________
Work Session: Nottingham Road Short Term Rental 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
David McWilliams, Town Planner
Meeting Date: September 12, 2017
Agenda Topic: Work Session – Council Discussion Regarding Whether to Provide Direction to PZC to
Expand the Short Term Rental Overlay District to Residential Units on Nottingham Rd.
ACTION BEFORE COUNCIL
Work session and possible initiation of rezoning application to expand the Short Term Rental (STR)
overlay district to residential units on Nottingham Road.
SUMMARY
Town Council recently upheld the Avon Planning and Zoning Commissions’ denial of an application to
allow STR at one property on Nottingham Road. At the meeting Town Council asked staff to place on a
Council agenda as soon as possible a discussion of whether to expand STRs to all residential properties
along Nottingham Road and to present the review process that would assess the viability of STR
expansion.. Town staff has provided outreach on this topic through a press release and notices in the
Town’s regular Vail Daily announcements.
The current STR Overlay District Map (Exhibit A) includes the majority of multi-family residential and
lodging construction in the valley floor between Interstate 70 and the Eagle River. Noted exceptions to
the STR Overlay District Map are Nottingham Road, Aspens Mobile Home Village, Eaglebend
Apartments, Avon Crossing, and Eaglebend Drive past Stonebridge cluster homes. If Town Council
desires to initiate the rezoning and overlay district extension to Nottingham Road, the boundaries could
include all units up to the Grandview Condominiums (Exhibit B); that property is a zoned PUD and deed
restricted. A total of 15 properties and 102 residential units are located within the drafted STR overlay
map expansion (Exhibit B).
PROCESS
Including the Nottingham Road area in the STR Overlay District would require a rezoning application,
processed according to Section 7.16.050, Rezoning, Avon Development Code. In addition to the codified
process that requires published notice and public hearings before Planning and Zoning (PZC) and Town
Council, staff would issue notices to every residential property owner on Nottingham Road. The mailed
notice would notify homeowners of a “town hall” style meeting, and then a formal public hearing with
PZC to bring a recommendation to Town Council.
This process could begin shortly and would take between two and three months to proceed from mailed
notice through Town Council hearings. In addition to the codified procedures, additional outreach
Work Session: Nottingham Road Short Term Rental 2
would be practiced including: press releases, social media, and signage on Nottingham Road (i.e.
Variable Message Board) alerting residents to the process.
STR REGULATIONS
The current regulatory protocol in Avon is governed by Section 7.20.090(a), Short Term Rental Overlay,
Avon Development Code. If a property owner wishes to rent their unit for duration fewer than 30 days,
and the unit falls within the STR Overlay District (or within one of the properties with STR allowed in the
PUD zoning) it requires a business license and remittance of accommodation taxes upon rental. While
this protocol is easy to administer, there is no additional oversight or regulations to mitigate potential
impacts of STR (i.e. parking, noise, traffic). Some communities have decided to differentiate between
hosted and unhosted regulations. Other examples of STR regulations that have been enacted to
mitigate impacts include annual limits on the total number of nights, spatial concentration, inspections,
and designation of a local property manager.
AVAILABLE ACTIONS
1. Motion and vote to initiate outreach process and rezoning application to expand STR Overlay
district to Nottingham Road residential properties.
2. No action.
ATTACHMENTS
A: Current STR Overlay District Map
B: Boundaries of STR Extension on Nottingham Road
C: Public Comments
Work Session: Nottingham Road Short Term Rental 3
ATTACHMENT A – CURRENT STR OVERLAY DISTRICT MAP
Work Session: Nottingham Road Short Term Rental 4
ATTACHMENT B – BOUNDARIES OF STR DISTRICT EXAPANSION ON NOTTINGHAM ROAD
1
From: Danielle Miller
Sent: Monday, September 04, 2017 2:56 PM
To: Avon Council Web
Subject: Nottingham Road Rental Issue
Hello all,
I own a residence on Nottingham Rd and would like to encourage the council see the benefit in allowing short
term rentals. It allows the homeowners to reside at their properties with the extra advantage of using their
homes when not home for short term rentals.
I have not rented my property out, ever. But if the day does come where I would choose to do so, it would be
nice for the opportunity.
Thank you,
Active homeowner and member of the community
Danielle Miller
ATTACHMENT C - PUBLIC COMMENTS
1
From: Kevin Hyatt
Sent: Wednesday, September 06, 2017 11:46 AM
To: Avon Council Web
Subject: STRO for Nottingham Rd
Hello , I am writing to state my support for the STRO on Nottingham rd. I see it as a positive for
myself and my neighbors to have this capability, just as other citizens of the town do. Individual properties
should be able to control the uses that go on in their respective borders.
Thank you
Kevin Hyatt
ATTACHMENT C - PUBLIC COMMENTS
ATTACHMENT C - PUBLIC COMMENTS
ATTACHMENT C - PUBLIC COMMENTS