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TC Packet 12-12-2017 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 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. 1 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 NOVEMBER 14, 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 (5 MINUTES) 5. ACTION ITEMS 5.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17-18 APPROVING A REZONING APPLICATION ADDING NOTTINGHAM ROAD PROPERTIES TO THE SHORT-TERM OVERLAY DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER) (20 MINUTES) 5.2. PUBLIC HEARING SECOND READING OF ORDINANCE 17-16, APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS EXTENSION FOR LOTS 4-7, RIVERFRONT VILLAGE PUD AND SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 5.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-17, APPROVING A VESTED RIGHTS EXTENSION FOR LOT 1, RIVERFRONT VILLAGE SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 5.4. FIRST READING OF ORDINANCE 17-19, AN ORDINANCE APPROVING THE UPDATED TOWN OF AVON ZONE DISTRICT MAP (PLANNING DIRECTOR MATT PIELSTICKER) (5 MINUTES) 5.5. RESOLUTION 17-31, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2018 BUDGET YEAR (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (5 MINUTES) 5.6. RESOLUTION 17-32, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE 2018 BUDGET YEAR (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (5 MINUTES) 5.7. FIRST READING OF ORDINANCE 17-20, REMOVING AND APPOINTING A FIDUCIARY FOR THE TOWN OF AVON DEFERRED COMPENSATION PLANS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (10 MINUTES) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 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. 2 5.8. APPROVAL OF RESOLUTION 17-29, TERMINATING AND ADOPTING DEFERRED COMPENSATION PLAN ARRANGEMENTS FOR THE GENERAL EMPLOYEES AND PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES DEFERRED COMPENSATION PLANS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (10 MINUTES) 5.9. ACTION ON NOTICE OF AWARD RECOMMENDATION FOR NEW TOWN HALL CONTRACTOR AND FUNDING (TOWN ENGINEER JUSTIN HILDRETH) (75 MINUTES) 5.10. APPROVAL OF 2018 REGULAR MEETING SCHEDULE (TOWN CLERK DEBBIE HOPPE) (10 MINUTES) 5.11. FIRST READING ORDINANCE 17-21, RENAMING THE TRANSPORTATION DEPARTMENT TO THE MOBILITY DEPARTMENT (DEPUTY TOWN MANAGER PRESTON NEILL) (10 MINUTES) 5.12. CONSENT AGENDA 5.12.1. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO, AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES (POLICE CHIEF GREG DALY) 5.12.2. APPROVAL OF RESOLUTION 17-28 SUPPORTING THE COLORADO LOTTERY DIVISION SO THAT IT IS EXTENDED BY GENERAL ASSEMBLY LEGISLATION TO THE YEAR 2039 (RECREATION DIRECTOR JOHN CURUTCHET) 5.12.3. APPROVAL OF APPOINTMENTS TO BOARDS AND COMMISSIONS (DEPUTY TOWN MANAGER PRESTON NEILL) 5.12.4. APPROVAL OF MINUTES FROM NOVEMBER 14, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 6. WRITTEN REPORTS 6.1. GIFT REPORTING – BEAVER CREEK PARKING PASSES & BIRDS OF PREY GIFT BAGS (DEPUTY TOWN MANAGER PRESTON NEILL) 6.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 8. 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, DECEMBER 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. 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PUBLIC HEARING FOR NEW BEER AND WINE LIQUOR LICENSE 4.1. APPLICANT NAME: FANCY PANSY, LLC D/B/A FANCY PANSY LOCATION: 51 BEAVER CREEK PLACE, UNIT #2 TYPE: BEER AND WINE LIQUOR LICENSE OWNER: FRANKIE SHERIDAN ACTION: RESOLUTION NO. 17-02 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: COLUMBINE BAKERY, INC. D/B/A COLUMBINE BAKERY LOCATION: 51 BEAVER CREEK PLACE TYPE: HOTEL & RESTAURANT LICENSE MANAGER: DANIEL NIEDERHAUSER 6. RENEWAL OF ART GALLERY PERMIT 6.1. APPLICANT: VAIL VALLEY ART GUILD D/B/A ART IN THE VALLEY GALLERY LOCATION: ONE LAKE STREET TYPE: ART GALLERY PERMIT MANAGER: ROSALIND REED 7. REPORT OF CHANGE – CHANGE OF MANAGER 7.1. APPLICANT: MILLER’S BOTTLE SHOP, LLC D/B/A JOE’S LIQUORS LOCATION: 1060 W. BEAVER CREEK BLVD MANAGER: WILLIAM HOLM 8. MINUTES FROM NOVEMBER 14, 2017 9. ADJOURNMENT Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Amy Phillips and Megan Burch. Jake Wolf and Matt Gennett were absent. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Assistant Town Manager Scott Wright, Transit Director Eva Wilson, Public Works Director Gary Padilla, Fleet Director Rego Omergic, Human Resources Director Lance Richards, Recreation Director John Curutchet, 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 FOR ART GALLERY PERMIT APPLICATION Start time: 00:59 Part One 4.1. Applicant: Vail Valley Art Guild d/b/a Art in the Valley Gallery Location: One Lake Street Type: Art Gallery Permit Manager: Rosalind Reed Chairwoman Fancher opened the public hearing and no comments were made. Christine Sena, Executive Board Member for the Vail Valley Art Guild was present to answer any questions. Vice Chairwoman Smith Hymes moved to approve the Art Gallery Permit Application for Vail Valley Art Guild d/b/a Art in the Valley Gallery. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Wolf and Board member Gennett were absent. 5. REPORT OF CHANGE – CHANGE OF MANAGER Start time: 03:10 Part One 5.1. Applicant: CTK, LLC d/b/a Chronic Taco Location: 150 East Beaver Creek Blvd Unit A101 Manager: Rodney Quiles The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the report of change application for CTK, LLC d/b/a Chronic Taco. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Wolf and Board member Gennett were absent. 5.2. Applicant: WVO Licensing, LLC d/b/a Wyndham Resort At Avon Location: 75 Benchmark Road Manager: Scott Martin The application was presented with no concerns. Board member Prince moved to approve the report of change application for WVO Licensing, LLC d/b/a Wyndham Resort At Avon. Board member Burch seconded the motion and it passed unanimously by Board members present. Board member Wolf and Board member Gennett were absent. 6. RENEWAL OF LIQUOR LICENSES TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Start time: 04:57 Part One 6.1. Applicant: WVO Licensing, LLC d/b/a Wyndham Resort At Avon Location: 75 Benchmark Road Type: Resort Complex Manager: Scott Martin The application was presented with no concerns. Board member Prince moved to approve the renewal application for WVO Licensing, LLC d/b/a Wyndham Resort At Avon. Board member Burch seconded the motion and it passed passed unanimously by Board members present. Board member Wolf and Board member Gennett were absent. 6.2. Applicant: Seerut Inc. & 7-Eleven Inc. d/b/a 7-Eleven Store 34209A Location: 008 Nottingham Road Type: 3.2 % Beer Retail Off Premises Manager: Gary “Sidhu” Guprett The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for Seerut Inc. & 7-Eleven Inc. d/b/a 7-Eleven Store 34209A. Board member Phillips seconded the motion and it passed passed unanimously by Board members present. Board member Wolf and Board member Gennett were absent. 7. MINUTES FROM OCTOBER 24, 2017 Start time: 06:32 Part One Board member Prince moved to approve the minutes from the October 24, 2017, Liquor Authority meeting. Vice Chairwoman Smith Hymes seconded the motion and it passed passed unanimously by Board members present. Board member Wolf 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 5:08 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ Ordinance 17-18 Including the Nottingham Road Residential District in the Short Term Overlay District Zone 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: December 12, 2017 Meeting Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 17-18, Approving a Rezoning Application Adding Nottingham Road Properties to the Short Term Overlay Zone District ACTION BEFORE COUNCIL Vote on second and final reading of Ordinance 17-18, approving a Rezoning Application Adding Nottingham Road Properties to the Short Term Overlay Zone District. PROPOSED MOTION “I move to approve Ordinance 17-18, thereby approving a Rezoning Application Adding Nottingham Road Properties to the Short Term Overlay Zone District.” INTRODUCTON On September 8, 2017, Town Council instructed staff through a motion and vote to conduct an application process for inclusion of the Nottingham Road corridor in the Short Term Overlay Zone District. The action spawned from an individual unit owner who applied on Nottingham Road, as well as a recommendation from Planning and Zoning Commission (PZC) to pursue the district expansion. Staff notified all property owners within the corridor and within 300’ of the corridor to the potential changes, and the ways to have their opinion of the matter heard. Town staff provided outreach and general information via a press release and notices in the Town’s regular Vail Daily announcements, as well as social media. First reading was approved at the November 14, 2017 Council meeting. Attached is this memo is the report to the PZC that clarifies the application and new overlay boundaries. Staff received several letters regarding the rezoning hearing, which are included as further attachments. Staff recommends approval of this application due to the rationale listed in the staff report. AVAILABLE ACTIONS • No action • Continue Second Reading to January 9, 2018 meeting • Deny application with motion and vote NEXT STEPS Staff is recommending these changes and suggests a further round of public outreach and hearings to determine further regulations, if any, are appropriate to place on the Short Term Overlay Zone District. After collecting information from Host Compliance and surveying other communities, staff would return to Council in the spring with a report on findings and options for moving forward. Ordinance 17-18 Including the Nottingham Road Residential District in the Short Term Overlay District Zone 2 ATTACHMENTS A. Ordinance 17-18 B. Staff report to PZC from 10/17/2017, including PZC Record of Decision C. Written Public Comments Ord 17-18 Nottingham Road STR December 12, 2017 SECOND READING Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE 17-18 APPROVING THE REZONING OF LOTS 6-9; 43-51; 70; 70A, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, TO INCLUDE THE SHORT TERM RENTAL OVERLAY DISTRICT RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town of Avon (“Applicant”) has submitted a Rezoning application affecting the following properties, collectively referred to as (“the Properties”) by applying the Short Term Rental Overlay District (“STRO”): Lot 6, Block 1, Benchmark at Beaver Creek Subdivision (“BMBC”); Lot 7, Block 1, BMBC; Lot 8, Block 1, BMBC; Lot 9, Block 1, BMBC; Lot 43, Block 1, BMBC; Lot 44, Block 1, BMBC; Lot 45, Block 1, BMBC; Lot 46, Block 1, BMBC; Lot 47, Block 1, BMBC; Lot 48, Block 1, BMBC; Lot 49, Block 1, BMBC; Lot 50, Block 1, BMBC; Lot 51, Block 1, BMBC Lot 70, Block 1, BMBC; Lot 70A, Block 1, BMBC; according to Final Plat No. 4 of the BMBC Subdivision recorded at Book 274, Page 701, Eagle County Clerk and Recorders office; WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on October 17, 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 made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances and 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, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on November 14, 2017 and December 12, 2017, 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, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and Exhibit A Ord 17-18 Nottingham Road STR December 12, 2017 SECOND READING Page 2 of 4 WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is consistent with the Comprehensive Plan’s goal of providing a balance of land uses, and inviting guest accommodations that strengthen Avon’s identity as both a year round residential community and a tourism center; and WHEREAS, the Properties are physically suitable for short term rental usage, and short term rentals on the Nottingham Road corridor are compatible and pose negligible impacts upon the current and future potential uses of neighboring properties; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, the health, safety and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Rezoning. The Properties are hereby rezoned and the Official Town of Avon Zoning Map shall be amended to designate the Properties as included in the STRO District. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and 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. Exhibit A Ord 17-18 Nottingham Road STR December 12, 2017 SECOND READING Page 3 of 4 Section 4. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Exhibit A Ord 17-18 Nottingham Road STR December 12, 2017 SECOND READING Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 14, 2017 and setting such public hearing for December 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 December 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A Exhibit B REZ17002 Nottingham Road Short Term Overlay 1 Staff Report – Rezoning October 17, 2017 Planning & Zoning Commission Meeting Project file Case #REZ17002 Current Zoning Residential Low Density (RL) and Residential Duplex (RD) Proposed Zoning Short Term Rental Overlay (STRO) Address Between 160 and 600 Nottingham Road Legal Description Lots 6-9; 43-51; 70 and 70a, Block 1, Benchmark at Beaver Creek Subdivision Prepared By David McWilliams, Town Planner Introduction The application in front of PZC would overlay all the residential properties along Nottingham Road, between addresses 160 and 600, with the Short Term Rental Overlay (“STRO”) District. The Planning and Zoning Commission (“PZC”) will review the application and conduct a public hearing on October 17, 2017. After reviewing staff’s analysis and considering public input, PZC will forward a recommendation to the Town Council. Background Earlier this year, staff was approached by a homeowner to permit short term rentals in his unit. After a public hearing, PZC recommended, and Town Council agreed, that this individual application was not supportable for several reasons. Both bodies found that the individual application was not in compliance with comp plan; not compatible with surrounding uses; and they were unable to determine if there would be significant impacts to surrounding land uses. Town Council subsequently voted on a motion to have staff initiate public notification and an application for the inclusion of the entire area of Nottingham Road residential area in the STRO District. Process The review process first requires a noticed public hearing with PZC. Final action is taken on the Application by Town Council after conducting public hearings and either approval by Ordinance or denial by motion. History of STRO Long after the platting of the Benchmark at Beaver Creek Boulevard Subdivision, which split the Town into residential, commercial, and park areas, the Town adopted a zone district map to Staff Review & Report PUBLIC HEARING: PZC Council & 1st Reading of Ordinance PUBLIC HEARING: Council & 2nd Reading of Ordinance Exhibit B REZ17002 Nottingham Road Short Term Overlay 2 mimic the general layout and intensity of land uses. The STRO district was created in 2009 as a way to outright permit short term rentals in a large majority of the valley floor area. During the public hearings related to the creation of the STRO, several iterations of the map were presented to the Town Council and public for review. Most of the early versions of the overlay district included areas of Nottingham Road, Eaglebend Drive, and even the Wildridge Subdivision. A determination was made that the STRO could not legally be overlaid on PUD zone districts (i.e. Wildridge, Eaglebend), and through further modifications to the approving Ordinance, Nottingham Road was dropped out of the overlay area during Council approvals in 2009. The map below is the current STRO in orange, with some of the PUD districts that explicitly permit short term rentals in green. Area Description Typical properties on Nottingham Road are multi-family structures with anecdotally high owner- residency. The eastern edge of the proposed overlay district is the Medical office building and the Further to the west on Nottingham Road the zoning changes to Light Industrial and Commercial and eventually to open space. Exhibit B REZ17002 Nottingham Road Short Term Overlay 3 Rezoning Review Criteria Analysis As outlined in Sec. 7.20.060(b), the RL district “is a mixed dwelling district intended to provide sites for single-family, two-family, and multi-family dwellings either in traditional neighborhoods or in a setting with a mix of dwelling unit types. This district implements the residential low density classification of the Avon Future Land Use Plan and can be located as a transitional use between lower density single family development and medium density or mixed-use development. Residential low density should be located along a local road.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. PZC shall use the criteria below as the basis for a recommendation on the Application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; The entire Purpose statement section from the Development Code (Section 7.04.030 - Development Code Purposes) is outlined for reference: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets Exhibit B REZ17002 Nottingham Road Short Term Overlay 4 and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. Staff Response: The application is compliant with the purpose statements of the Development Code. The character and primary use of the zone district would remain residential and consistent with the intent of the zone district classifications of the Town. Exhibit B REZ17002 Nottingham Road Short Term Overlay 5 (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application is generally consistent with the Comprehensive Plan, and supporting planning documents listed above. The property is located in District 9: Valley Residential District. The area includes all of the residential on Nottingham Road, Beaver Creek Boulevard, and the Aspens Village. Most of the other areas of District 9 also possess the STRO district as approved in 2009. The planning principles for this district deal primarily with improving connectivity, wayfinding, and pedestrian improvements. Staff is concerned that the changes to the area may bring transient people to an area with little walkability . However, the area has recently improved in walkability and is continuing to become more attractive to pedestrians. Pedestrian crossings are being added along Nottingham Road, as well as a new sidewalk on the north side of Nottingham Road will be installed to connect even more properties with essential services. General land use goals and policies from the Avon Comprehensive Plan worth noting include: Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year- round residential community and as a commercial, tourism and economic center. Policy B.2.2: Promote a wide range of residential uses throughout the Town. A common critique of short term rentals is that they limit the availability of housing for residents, and may drive up housing costs as speculative interests compete with locals for property. On the other hand, locals report that the ability to offer short term rentals of a spare bedroom allows them to stay in their house despite high costs of living. PZC should carefully weigh the overlay Exhibit B REZ17002 Nottingham Road Short Term Overlay 6 district’s benefits and the costs to the town before making a decision on this application. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is physically suitable for the proposed short term rental overlay district. Staff recognizes that there are negative externalities associated with incorporating a transient or vacation population into an area. Issues such as parking, trash, and noise must be considered, and staff feels that HOAs are the best equipped to decide appropriate rules on an individual basis. If properties are not comfortable with short term rental, their by-laws can reflect that. (4) Compatibility with surrounding land uses; Staff Response: The surrounding land includes commercial, light industrial, open space, and residential land uses. The STRO appears to be compatible on the scale proposed, and no major conflicts are anticipated. From a pedestrian perspective, the properties are somewhat isolated from the core of Town and other public amenities including minimal sidewalk connections and no current bus routes. Crossing Nottingham Road on foot is at minimum not compelling, and at worst dangerous. As mentioned above, some sidewalks and crossings are planned in coordination with budgeted road overlay projects. Guests would likely need to arrive by private vehicles and would need to travel by vehicle for any activity. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; Staff Response: While the conditions of the area have not changed greatly, the online rental business has evolved rapidly. Since the STRO district was created in 2009, the environment for owners to market their properties and for guests in resort areas to shop for rentals has grown considerably. The barriers to rent out space are much lower due to new technology and it is a viable option for a wider variety of homeowners. This application responds to the changing ease of short term property rentals by extending the district to its last logical location in Avon. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: No additional facilities are required to serve the development if short-term rentals are allowed in this area. If individual HOAs conclude that they do not have enough facilities to serve short term rental uses, they can make that determination on their own. Exhibit B REZ17002 Nottingham Road Short Term Overlay 7 (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The Nottingham Road corridor has Residential Low (RL) and a single Residential Duplex (RD) zoned properties. According to the stated purpose of the RL district, it “can be located as a transitional use between lower density single family development and medium density or mixed-use development. Residential low density should be located along a local road.” According to the stated purpose of the RD district, “The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road.” The STRO district is intended to “allow short term rentals of properties, including but not limited to accommodate, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties.” If the corridor was rezoned with the STRO district it would continue to be subject to all underlying requirements of the zone districts and generally consistent with the purpose statements of the RL and RD districts. (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 compared to the existing zoning. No substantive changes to air, water, noise, etc. are expected. The nature of the use is still residential. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No substantial impacts to other properties in the vicinity are envisioned with a STRO district applied to the corridor. Future uses on the east side of Nottingham Road could intensify and include more residential development as permitted in the RL district, however the rezoning is not likely to impact those future adjacent uses. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: No PUDs are included within the STRO district. (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. Exhibit B REZ17002 Nottingham Road Short Term Overlay 8 Staff Response: The intensity of use is comparable to existing residential uses. Incremental changes to the character of the corridor do not increase demands on public facilities or infrastructure. Available Options 1. Continue the Public Hearing to a date certain, pending additional information. 2. Approve Findings of Fact and Record of Decision recommending that the Town Council approve the application, together with findings. 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application, together with findings. Staff Recommendation Staff recommends approval as explained herein. If amendable, PZC can direct Staff to prepare a formal Findings of Fact, Record of Decision, and recommendation to Council pursuant to Section 7.16.020(f)(3), Findings, to be presented to the Council for final action. Additionally, staff feels that the regulations pertaining to STRO are not adequately serving the community. Resort communities have struggled with this issue, and some are more sophisticated in their regulations to diminish some of the problems associated with short term rentals. While not in the scope of this application, an additional process that addresses further requirements of short term rentals across the entire STRO overlay district is recommended to reach a more comprehensive policy independent from this application moving forward. Recommended Motions and Findings: “I move to recommend Town Council approval of Case #REZ17002, an application for rezoning of Lots 6-9; 43-51; 70 and 70a, Block 1, Benchmark at Beaver Creek Subdivision, together with the findings of fact.” The following Findings may be applied: 1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria and Avon Comprehensive Plan, as outlined in the staff report for the October 17, 2017 public hearing; 2. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town; and 3. Short term rentals on the corridor would be compatible and pose negligible impacts upon the current and future potential uses of neighboring properties. Attachments Exhibit B 1 On Oct 19, 2017, at 2:35 PM, cameron clower Hello, I wanted to throw my opinion in on the short term rentals on Nottingham road as well as Metcalf Rd. I own a property in the Metcalf lofts that are up the road from Comcast and the industrial section on lower Metcalf. I Think there is NO reason whatsoever that we should not be allowed to short term rent our properties. I CAN NOT afford to live there without that option. I am 47 years old and do not want a roomate! Renting on the weekends would be beneficial to me because I could afford to pay my mortgage and still live in the home. There is plenty of parking for these units and all have a private garage as well. Plus it is in the middle of an Industrial area in Avon. It is NOT fair that the rest of the town can rent short term while we can not!!! Thank You, Cameron Clower Exhibit C 1 Sent: Tuesday, October 17, 2017 8:48 AM To: Matt Pielsticker Subject: Please Forward to PZC Commissioners for Tonight's Hearing on STR Good morning, Matt. I was hoping to attend tonight's PZC meeting concerning Short Term Rentals on Nottingham Road. Unfortunately, I may have a family matter that will keep me from attending. This email is sent to you with the request that you forward it to the Commissioners for their consideration for tonight's discussion. As full time residents on Nottingham Road, we ask the Commissioners to consider and make accommodations in the following areas before including Nottingham Road in the Short Term Overlay District: 1.Traffic: Nottingham Road has heavy side driveway traffic. It is already very difficult to enter Nottingham Road from themany driveways along the road. This problem is especially true during the rush hour from 7:30 to 9 a.m. Short term rentals will greatly increase the traffic volume, difficulty, and danger. Currently, 7:30-9 a.m. is difficult because of residents going to work. This traffic pattern will increase as short term renters will be going to Vail or Beaver Creek. A traffic light or other methods of disrupting the traffic flow in order to create breaks so that residents can enter Nottingham Road will become necessary. Nottingham Road is a major school bus route. The increased traffic will pose an added risk to the young children catching their bus on Nottingham Road and the buses stopping and starting will further complicate the traffic flow. 2.Water and Sewer: Eagle River Water and Sewer must be consulted to determine if there will be sufficient infrastructure and/or any negative impact on the infrastructure from allowing short term rentals along Nottingham Road. 3.Police, Fire and EMS: Naturally, the more people along Nottingham Road, the greater the call volume for allemergency services. Also, the increased traffic volume will impact the ability of emergency services to respond from the Nottingham Station. Again, traffic lights or other traffic control measures may become necessary. 4.Parking: Currently, there is no public parking area on Nottingham Road, nor any nearby overnight parking at Town ofAvon parking lots. Notably, there are no signs on Nottingham Road stating no parking. The parking facilities at most complexes are fully maximized. Since most short term tenants will arrive in their own vehicle(s), consideration should be made as to where these people will park. 5.Trash: Some complexes have dumpsters, others still have trash cans. An increase in the volume of people staying on Nottingham Road will inevitably increase the amount of trash. The trash collection process of large trucks starting and stopping on Nottingham Road as well as pulling in and out of (which may entail backing up) will further exacerbate the travel issues stated above. 6.Density Limitations: All of the above concerns will be further impacted when the PZC follows through in the TownCouncil's recent instruction for the PZC to reevaluate and expand the density limitations in Avon. Thank you for your consideration of the impact of short term rentals on Nottingham Road. Please keep this small section of Avon along Nottingham Road a truly residential area. Nancy Adam Resident at Unit 3 at Sunnyside at Avon, 220 Nottingham Road, Avon, CO Exhibit C 1 From: David Collins Sent: Wednesday, September 27, 2017 5:39 PM To: Matt Pielsticker Subject: Short term rentals Hi, My name is David Collins. I am just writing you to say that I am in favor of the short term rentals on Nottingham road. My wife and I have lived at 730 Nottingham rd. for over ten years. Sent from my iPhone Exhibit C 1 From: Kerri Thelen Sent: Sunday, September 10, 2017 9:04 AM To: Debbie Hoppe Subject: RE: Short Term Rentals In Avon-Nottingham Hello, Derek George asked us to share our thoughts and opinions on the issue. As a Avon home owner and bunnies owner we are for short-term rentals. It is my understanding the TOA is requesting all home owners that participate in this activity to register as a business. This seems reasonable to us. We would like to see Nottingham have the same rights and privileges as other areas in Avon. We are requesting that the town allow Nottingham Rd. to offer short-term rentals. Please let me know if I can answer any other questions for you. Sincerely, Kerri Thelen 220 Nottingham Rd. #2 Sunnyside Town Homes Exhibit C 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 Exhibit C Exhibit C Exhibit C 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 Exhibit C 1 From: Debbie Gibson Sent: Monday, September 11, 2017 9:30 AM To: Debbie Hoppe; Avon Council Web Subject: September 12 Nottingham Road Rental Input Avon Town Council, I am writing to offer my comments on the Nottingham Road short‐term rental issue to be discussed at the September 12th, 2017 Town Meeting. While I am sympathetic to the need for long‐term rentals in the valley, I do not believe that it is the responsibility of a few private residence owners on Nottingham Road to solve that issue for the towns and businesses. They should have the same right as town core property owners to rent to anyone they choose and pay the proper taxes to the town. The overlay only excludes this road which I understand was an original oversight. From my understanding, it was originally included with Wildridge. Wildridge was dropped because it was part of a PUD, but Nottingham Road should not have been. While we would not short‐term rent and would prefer to have a long‐term tenant, we would like to have the option to short term in the future. If the rentals were allowed, it would not affect properties whose HOAs do not allow them. Those few who do not have HOA restrictions should not be responsible for solving the need for long term housing for the community. That needs to be addressed by Vail Resorts, the towns and business owners and not fall on the shoulders of a few small property owners trying to offset the cost of living in this expensive community. I am in support of short‐term rentals on Nottingham Road. ‐520 Nottingham Thank you! DEBBIE GIBSON CURTIS | BROKER ASSOCIATE Slifer Smith & Frampton Real Estate 970.470.3866 | LiveinVail.com Download My Real Estate App Exhibit C 1 From: Ralph Demasi Sent: Monday, September 11, 2017 12:49 PM To: Matt Pielsticker Subject: nottingham rd rentals hi my name is ralph d ive lived on nottingham rd at grandveiw for 13 years. i dont see anything wrong with being able to rent your owned property for whatever price you like .Everything is so expensive the little guys should get chace make money not just real esates agents.thanks ralph d. Exhibit C 1 From: Irish Boston Sent: Tuesday, September 12, 2017 1:56 PM To: Matt Pielsticker Subject: Short term rentals on Nottingham in Avon Hello, My husband and i recently moved to Gypsum from the Avon area (eagle‐vail). We feel strongly that short term rentals should be allowed in the Nottingham Rd area because we saw what it was like when the 'illegal' short term down the street was rented without regulation. The property was always plowed and mowed but the blinds inside were broken at several windows, lights were routinely left on for days between rentals and the back deck was frequently abused. Allowing short term rentals will allow the town enforcement and standards that will help the tourists know an avon rental is one of quality and also ensure that the property owners are protected against misuse. Thank you for your time and good luck!! Irish Boston Sent from my iPhone Exhibit C 1 From: terry Sent: Sunday, September 10, 2017 7:12 AM To: Matt Pielsticker Subject: Nottingham Road Zoning September 10, 2017 To Avon Town Council, This summer we came to visit our family whom lives on Nottingham Road. While there I read the article in your local newspaper "Notttingham Road Rentals", residents are asking the Town Council to have the zoning law change on Nottingham Road to allowed homeowners to applied for a BB or short term rentals applaction. Our family loves to visit Avon and look forward to be able to stay as close to our family or dear friends as possible. We find It a challenge to find the right accommodations or not able to even fine a place to stay in Avon because of full hotels. I'm just the visitor, that enjoys to come to sunny Avon, and find this "short term rentals" a very welcome alternative way to enjoy our visit with family in your town of Avon. Best Regards, Terry Curtis Terry Curtis 3-12th Ave Haverhill,MA TC Exhibit C 1 From: Tyler Heins Sent: Tuesday, September 12, 2017 5:14 PM To: Matt Pielsticker Subject: Short term rentals on Nottingham To whom it may concern, As a owner at 410 Nottingham rd unit b. I fully support the rezoning of Nottingham to allow short term rentals, and find it unfair that just because we are on the other side of the interstate that we are treated differently. As home owner I feel that i should be able to do with my home as I wish. As the rest of the town may because of a zoning issue. These are my thoughts on the issue. Thanks Tyler Heins Sent from my iPhone Exhibit C 1 From: Igor Sent: Tuesday, September 12, 2017 4:44 PM To: Debbie Hoppe Cc: Matt Pielsticker Subject: Short term rentals Hello, I would like to express support for allowing short term rentals on Nottingham road. Igor Gavrilov Owner 231 Nottingham rd Unit E Exhibit C 1 From: sye curtis Sent: Tuesday, September 12, 2017 8:23 AM To: Avon Council Web; Debbie Hoppe Subject: Nottingham short term rental I am writing in support of short-term rentals on Nottingham Road. We should have the right to decide who can rent our property and HOA's should have the right is disallow if they choose. The benefits to homeowners and the town outweigh any negatives. Thank you, Sye Curtis 520 Nottingham Exhibit C 1 From: Dave Rice Sent: Monday, September 11, 2017 8:35 PM To: Avon Council Web Subject: Nottingham Road To whom it may concern. My name is David Rice and it has been brought to my attention that there is to be a meeting regarding short term rentals in Avon soon. I lived in the Vail Valley for many years. I owned a business in Edwards and have been involved with Moe's Original Bar-B-Que nearly since it's inception. When I lived in the Valley there was no such thing as short term rentals. Therefore, it could be somewhat difficult to find reasonable accommodations for family and friends. Short term rentals allow people of normal means the ability to afford a vacation in the Vail Valley. They also allow families or groups the ability to stay together. I have brought my family to the Vail area every year since I have left. It is nice to have an option to be able to make somewhere your 'home' for a stay rather than having to deal with getting in and out of hotels. We still spend plenty of money at restaurants, grocery stores, etc.. It is my hope that the council will look at this issue from the side of people like myself and the people that are operating short term rentals and do the logical thing and approve that the Nottingham home owners by allowed to use their homes as short term rentals. Thank You Sincerely, David Rice Exhibit C 1 From: Suzanne Jones Sent: Monday, September 11, 2017 9:24 PM To: Avon Council Web Subject: Nottingham STRO Dear Committee, In reference to Short Term Rentals in Avon, Co. After living in the Vail Valley for several years, I have been back to vacation at least once a year with my family. The prices in Vail for hotels are crazy expensive and there is no way I could ever afford this for my family. Short term rentals make it possible for us to make a vacation in the Valley, without this option we would not be able to afford this yearly vacation. While we are visiting we are eating meals out, buying groceries and skiing on the mountain, etc. supporting the Vail Valley. Also, we find the short term rentals much more comfortable as a family, other than staying in hotels or lodges. Our short term rental experiences have been fantastic, if this rental option were not available then we would not be able to vacation in Vail. After reading the Vail Valley News, I was shocked by the headline story of eliminating short term rentals, this is a must in the Vail Valley. I sincerely hope it is the committees decision to approve for short term rentals in Avon, so families like mine can continue to enjoy the Vail Valley as we have for years. Sincerely, Suzanne R. Jones Exhibit C Ordinance 17-16 | Riverfront PUD and Subdivision December 12, 2017 Town Council Meeting 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: December 12, 2017 Meeting Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 17-16, Approving a Vested Property Rights Extension and a Minor PUD Amendment for Lots 4-7, Riverfront Village PUD and Subdivision ACTION BEFORE COUNCIL Action on Second and Final Reading of Ordinance 17-16, an Ordinance approving Vested Property Rights Extension and a Minor PUD Amendment for Lots 4-7, Riverfront Village PUD and Subdivision. RECOMMENDED MOTION AND ACTION “I move to approve Second Reading of Ordinance 17-16, thereby approving the Vested Rights Extension and Minor PUD Amendment for Lots 4-7, Riverfront PUD and Subdivision.” SUMMARY Two separate development applications are before Town Council for final action with a single Ordinance (Exhibit A). The attached narrative and cover letter (Exhibit B) outline the requests to extend the vested property rights and amend the allowable development standards and design guidelines for Lots 4-7, Riverfront PUD and Subdivision. The Minor PUD Amendment was reviewed by the Planning and Zoning Commission (PZC) at their October 17, 2017 meeting. The attached PZC materials (Exhibit C) document conformity with the applicable review criteria as well as recommended conditions. Staff is recommending further refinement to the Minor PUD conditions of approval, and that language is included in the recommended motion below. The attached Ordinance was approved on first reading on November 14, 2017. It incorporates the accompanying Vested Property Rights Extension application, which is being reviewed and acted upon concurrently as an amendment to the development agreement. The remainder of this report outlines the Vested Property Rights considerations for Town Council. VESTED PROPERTY RIGHTS The process for a Vested Property Rights application public hearing and Ordinance approval by the Town Council. It also requires a different set of review criteria than the PUD amendment, as outlined below: (i)The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii)Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; Ordinance 17-16 | Riverfront PUD and Subdivision December 12, 2017 Town Council Meeting 2 (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; (v)Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; (vi) Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; (viii)The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Staff Response: The great recession immediately followed the completion of the first phases of the Riverfront Subdivision, and until recently, economic conditions have prevented the successful completion of the project. Most of the public amenities and benefits associated with the Riverfront PUD were “front- loaded” and completed at the inception of the development. The Riverfront PUD and Subdivision resulted in several public improvements including: Riverfront Lane road and sidewalk construction, riverfront park parcel deeded to the Town with high amenity regional path construction, gondolas, public plaza and restrooms, and the provision of money towards the Town’s affordable housing efforts. Aside from the public benefits and amenities already completed for the project, additional benefits are being proposed with the Minor PUD Amendment application. Development on the far western side of the project would be limited by a platted easement for a future trail that could connect Riverfront Lane to the riverfront path. Additionally, two (2) units within the condominium building would be deed restricted and occupied by Eagle County employees. Both of the proposed benefits stem from early discussions between staff and the applicant, and directly achieve goals from the Comprehensive Plan. Staff finds that an extension of three (3) years is warranted based upon the economic realities of resort development that resulted from the great recession, as well as the numerous public amenities and benefits that have been provided in Riverfront. An extension would help to facilitate the completion of the project in a reasonable timeframe, and guarantee the rights for current and future owners of the project. Ordinance 17-16 | Riverfront PUD and Subdivision December 12, 2017 Town Council Meeting 3 AVAILABLE ACTIONS 1) APPROVE Second and Final Reading of Ordinance 17-16; thereby upholding PZC’s Decision and recommendation for approval of the Minor PUD, and approving the Vested Rights Extension. 2) CONTINUE Second Reading of Ordinance 17-16 to the January 9, 2018 meeting. 3) DENIAL with motion and vote to deny the application(s). ATTACHMENTS Exhibit A: Ordinance 17-16 w/exhibits Exhibit B: Application Narratives and Design Guideline Amendments Exhibit C: PZC Materials for Minor PUD Amendment Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 1 of 2 TOWN OF AVON, COLORADO ORDINANCE 17-16 AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS AND APPROVING A MINOR PUD AMENDMENT FOR LOTS 4-7, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, East West Resort Development XIV, L.P., L.L.L.P (“Applicant” and “Owner”) has submitted a Vested Property Rights Application (“Vested Rights Application”) to amend the term of vesting outlined in the Amended and Restated Development Agreement for the Confluence approved by Ordinance 16-03 (“Development Agreement”), currently set to expire March 14, 2018; and WHEREAS, the Vested Rights Application amends Section 2.2. of the Development Agreement to extend the expiration date for an additional three (3) years to then expire March 14, 2021; and WHEREAS, the Applicant submitted a concurrent Minor PUD Amendment Application (“Minor PUD”) to amend the development standards and design guidelines for Lots 4-7 of the Riverfront Subdivision PUD Development Plan (“Project”); and WHEREAS, the Vested Rights Application and Minor PUD are being reviewed and processed concurrently pursuant to Avon Municipal Code §7.16.020(b)(4), Concurrent Review Permitted; and WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property Rights, the Town Council finds the Vested Rights Application eligible for consideration since the Application was submitted at least six (6) months prior to the expiration of the Vested Property Rights approved by Ordinance 16-03; and WHEREAS, the Town Council of the Town of Avon held public hearings on November 14, 2017 and December 12, 2017 after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided before acting; and WHEREAS, the Town Council makes the following specific findings as the basis for its decision as required by Avon Municipal Code §7.16.020(g)(3): A. The Vested Rights Application meets the review criteria set forth in Avon Municipal Code §7.16.140(e)(2); specifically: Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 2 of 2 1) Property values and the real estate market experienced a significant downturn for several years, commencing locally in early 2009 and continuing for several years during the initial vested rights period and market conditions for the construction of new multi-family residential product have improved only recently; and, 2) There have been no changes to the Avon Comprehensive Plan or other community planning documents that affect the Project as originally approved in 2006; therefore, the project continues to comply with the Avon Comprehensive Plan and other community planning documents; and, 3) The Project has provided public amenities through the dedication of land for the Eagle river path, water rights dedications, river path construction, landscaping improvements, and employee housing mitigation; and, 4) The extended duration of the vested property rights for an additional three (3) years is reasonable considering the local, state and national economic recovery and local market conditions for new construction of residential product. WHEREAS, the Town Council makes the following specific findings as the basis for its decision on the Minor PUD as required by Avon Municipal Code §7.16.020(g)(3): A. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development. B. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD with condominium and multi-family residential land uses with higher density on east side of Properties and reduced density moving west. C. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. 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 Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 3 of 3 AVON, COLORADO, the follow 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. Riverfront Development Agreement Amendment. The Amendment to the Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the Amended and Restated Development Agreement: The Confluence. Section 3. Riverfront Minor PUD Amendment Approved. The Riverfront Subdivision PUD Development Plan, attached hereto as Exhibit B, is hereby approved and the Mayor and Town Clerk are authorized to execution the PUD Plan Amendment. Section 4. Recording. The Town Clerk shall cause the fully executed Amendment to the Amended and Restated Development Agreement: The Confluence and the Development Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be recorded at the Eagle County Clerk and Recorder’s Office. Section 5. 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 6. 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 7. 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 8. 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. Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 4 of 4 Section 9. 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 November 14, 2017 and setting such public hearing for December 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 December 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 1 of 3 EXHIBIT A: AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT The Confluence THIS AMENDMENT to the Amended and Restated Development Agreement The Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on December 12, 2017, by and between East West Resort Development XIV, L.P., L.L.L.P. (“Owner”) and the Town of Avon, a Colorado home rule municipal corporation (“Town”). WHEREAS, the Owner applied to the Town for an extension of the vested property rights for Lots 4-7, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 17-16 on December 12, 2017. NOW, THEREFORE, in consideration of the foregoing and the terms in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Town agree as follows: 1. Section 2.2 Term is hereby amended to add the following language, “Notwithstanding the foregoing, Owner and the Town agree that the Term of this Agreement and the vested property rights established under this Agreement shall continue until March 18, 2021 for Lots 4, 5, 6 and 7, Riverfront Subdivision.” 2. All other terms of the Agreement shall remain the same. [SIGNATURE PAGES FOLLOW] Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 2 of 3 OWNER: East West Resort Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability limited partnership Its: Manager By: HF Holding Corp., a Colorado corporation Its: General Partner By:_____________________________ Name:___________________________ Title:____________________________ STATE OF ___________ ) ) ss: COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ____________________, 2017, by _________________________ as ________________ of _____________________________, a ____________________. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 3 of 3 TOWN: TOWN OF AVON, a Colorado home rule municipal corporation By: ___________________________ Attest: __________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on ___________________, 2017, by Jennie Fancher, as Mayor of the Town of Avon, and Debbie Hoppe, as Town Clerk of the Town of Avon. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A PUD Signature BlocksOwner's CertificateKnow all men by these presents that being the sole owners in fee simple of all that realproperty described as follows:"Legal Description of all parcels included in the PUD"We agree to develop the plan as depicted on this site plan.By: _______________________________Owner's full name and address.The foregoing signatures were acknowledged before me this________ day of__________________, 2017, by _____________________________My Commission expires: _____________________ Witness my hand and seal ______________________ Notary PublicTown CertificateThis Planned Unit Development Plan and the uses, zoning standards and densities areapproved for The_______________________ PUD, (Ordinance _____ by the Town Council ofthe Town of Avon, County of Eagle, State of Colorado, this ______ day of________________, 2017, for filing with the Clerk and Recorder of the County ofEagle. Said approval shall in no way obligate the Town of Avon for any improvementsand approval of this site plan by the Town is a consent only and is not to be confused asan approval of the technical correctness of this plan or any documentation relating there to.WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By: ________________________________ Jennie Fancher, Mayor Attest: _____________________________ Debbie Hoppe, Town ClerkDevelopment StandardsResidential/Lodging Uses1. Hotel rooms and suites;2. Lodge rooms;3. Condominiums;4. Townhomes;5. Time-share, vacation ownership, and fractional fee ownership; and6. Accessory or incidental uses consistent with Residential/Lodging Uses at the discretion of the Zoning Administrator.Lodging Support Uses1. Fitness facilities, locker rooms, reception, and related amenities and services;2. Indoor and outdoor recreation (e.g. pools, jacuzzis, game rooms);3. Ski valet and storage;4. Front desk and lobby;5. Concierge, valet and bell service areas;6. Business centers;7. Housekeeping and laundry facilities;8. Storage;9. Mechanical rooms;10. Restrooms;11. Administrative spaces used by personnel providing Hotel/lodging services (e.g. reservations, accounting);12. Maintenance facilities;13. Meeting pre-function and support spaces; and14. Other accessory or incidental uses consistent with Lodging Support Uses at the discretion of the Zoning AdministratorStandard Commercial Uses1. Retail Stores;2. Specialty Shops;3. Restaurants, Bars and Cocktail Lounges;4. Wellness Centers (such as physical therapy, medical);5. Personal service shops;6. Professional offices, including real estate brokerage and development offices;7. Ski School Facilities;8. Lift Ticket Sales Facilities;9. Financial Institutions;10. Offices; and11. Other accessory or incidental uses consistent with Standard Commercial Uses at the discretion of the Zoning AdministratorIncidental Commercial Uses1. Spa treatment rooms, spa retail, spa salon, and2. Meetings and conference rooms;Public Uses1. Transportation facilities;2. Public plazas;3. Public restrooms; and4. Public parks and walkways.Temporary Facilities1. Vacation Ownership/Time Share sales centers of up to 7,000 square feet within the Hotel or Vacation Ownership/Time Sharebuildings for up to ten years from the issuance of a Temporary Certificate of Occupancy of the first Vacation Ownership/TimeShare building; and2. Other temporary facilities are subject to Special Review Use.Special Review Uses1. Theatres;2. Churches;3. Bed and Breakfast lodges; and4. Temporary facilities not approved (above) under Temporary Facilities.Land Use TableParkingSpecific requirements by UseFive (5) spaces/1000 GLFA:1. Retail Stores;2. Specialty Shops;3. Restaurants, Bars and Cocktail Lounges public spaces (excludes storage, kitchens and other"back of house" spaces);4. Wellness Centers (such as physical therapy, medical);5. Personal service shops;6. Professional offices, including real estate offices at the plaza level;7. Ski School Facilities;8. Lift Ticket Sales Facilities; and9. Financial Institutions;Four (4) spaces per 1000 GLFA1. Professional Offices/Offices, if any, on the fifth floor of the Hotel.Two (2) spaces per 1,000 GLFA1. Spa treatment rooms, spa retail, spa salon; and2. Meetings and conference rooms.Hotel1. One (1) space for each Accommodation Unit (as defined in the Development Agreement).2. 1.2 spaces for each Dwelling Unit (as defined in the Development Agreement).Vacation Ownership1. 0.75 spaces per bedroom, maximum of 1.5 spaces per Residential Unit.Condominiums and Townhomes other than a Hotel1. Lots 1,2 & 3 - no change proposed2. Lot 4 Condominium Units - 1.0 spaces per unit or as approved in the development plan.3. Lot 4 Townhome Units - 1.2 spaces per unit or as approved in the development plan.General:1. Compact parking spaces shall not exceed ten percent (10%) of total parking for the entireproject.2. Total required parking (as defined above) shall be reduced by 15% for facilities on Lots 1, 2and 3 only.3. Standard parking spaces on Lots 1 and 3 shall be a minimum width of 8'9'", with standardlength of 18' and standard drive lane width of 24'.General Notes1.This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Zoning Code not specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD.2. Additional land uses determined to be similar to Standard Commercial Uses, Incidental Commercial Uses, Lodging Support Uses, and Residential/Lodging Uses may to be approved by the zoning administrator;3. Only Standard Commercial uses shall be subject to Gross Leaseable Floor Area ("GLFA") minimum and maximum restrictions;4.Professional offices, including real estate offices, shall be limited to the two locations fronting the public plaza as depicted to the Planning and Zoning Commission January 17, 2006. No additional plaza frontage space is permitted for use by professional and general office, including financial institutions and real estate offices or residential units.5.Office space above but not on the public plaza level may be converted to Residential/Lodging uses provided the maximum number of Dwelling Units is not exceeded after such conversion. Required parking shall be recalculated after taking into account such conversion and any excess parking spaces may then be individually deeded.6. Minimum Standard Commercial shall be 20,000 GLFA, and maximum Standard Commercial shall be 40,000 GLFA.Additional Commercial GLFA exceeding the PUD maximum may be approved for restaurant, bars, cocktail lounges and similar uses subject to a Special Review Use.7. Maximum Residential Density shall be 456 Dwelling Units as defined in the Development Agreement.8. Meeting space within the hotel shall be a minimum of 3,000 GLFA.9. The minimum building setbacks shall be as follows: a. River: all buildings shall be setback the more restrictive of i) seventy five feet (75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A". Notwithstanding the foregoing, Lot 1's minimum setback shall be the northern boundary line of Tract "A. Encroachments for porches/decks/overhangs/eaves are permissible subject to design review approval as to specific locations and dimensions. b. Lot Lines: Buildings shall have a zero foot (0') setback from internal lot lines. Buildings shall have a minimum twenty-foot (20') setback from Riverfront Subdivision perimeter lines. Notwithstanding the foregoing, Lot 7's setback from its northern perimeter line shall be ten (10) feet. c. Right-of-way: Buildings shall have a minimum setback of ten feet (10') from road right-of-ways. Subterranean encroachments shall be permitted into this setback. Aerial encroachments (such as balconies and eaves) of up to three feet (3') shall be permitted into this setback for the northwest wing of Building F only.10.A fifty-five (55) foot view corridor through the public plaza adjacent to the proposed hotel as presented on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, with the exception of the gondola terminal. Minor encroachments such as public restrooms, awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process.11. Maximum Site Coverage = 25% of the 18.9 acre parcel.12. A solar access study showing the effects of shading on adjacent buildings and outdoor spaces is required for all proposed buildings exceeding 3 stories in height. Sun studies should be prepared on a site plan of a scale not less than 1" = 40' showing shadows at 10am and 3pm on March 21, June 21, September 21, and December 21.13.A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be included as a subdivision plat note. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator.14. The cumulative build-out of residential and commercial uses shall be submitted on each building permit application on a form acceptable to the Town, in order to establish compliance with minimum commercial and maximum development standard requirements;15.Owner shall provide an easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane. The easement(s) will be provided concurrently with the first DevelopmentPlan proposal for Lot 4, and which easement(s) shall allow for the construction of a hard surface trail path for pedestrian, bicycle and other passive recreation use that is similar in width, grade,surface, construction and appurtenances as other passive recreation hard surface trails in Avon.16. Owner shall convey deed restrictions for two (2) residential units in the Condominium Building to the Town of Avon as a condition of receiving any certificate of occupancy, the residential unitsshall be each a minimum of 800 sq. ft., the deed restriction shall be permanent, recorded at the Eagle County Clerk and Recorders office, shall limit the use of the residential units to occupancyby persons employed or working full-time in Eagle County (defined as working at least 32 hours per week for at least 8 months in a calendar year), and the form of the Deed Restriction shall beacceptable to the Town of Avon and shall be consistent with other Deed Restrictions conveyed to the Town of Avon with similar terms.17. Owner shall submit a preliminary plan for the development of Lot 4 within 12 months of the approval of the Minor PUD amendment and extension of vested rights approved upon 2nd reading ofTown Council on December 12, 2017.Lot 1PermittedUses byRightSpecialReviewUsesBuildingHeight*StandardCommercial;IncidentalCommercial;ResidentialLodging Uses;LodgingSupport Uses;TemporaryUses and Facilities;Public UsesLot 2 Lot 3 Lot 4StandardCommercial;IncidentalCommercial;ResidentialLodgingUses;LodgingSupportUses;TemporaryUses andFacilities;Public UsesStandardCommercial;IncidentalCommercial;ResidentialLodgingUses;LodgingSupportUses;TemporaryUses andFacilities;Public UsesResidentialLodgingUses;LodgingSupportUses;TemporaryUses andFacilities;Public UsesTheatres;Churches;OtherTemporaryFacilities;Bed andBreakfast;HomeOccupation;OtherTemporaryFacilities;105' maximum(Bldg. G) and45' maximum(Bldg. H)135' maximum 105' maximum 95' maximumfor Condo55' maximumfor TownhomesTheatres;Churches;OtherTemporaryFacilities;Theatres;Churches;OtherTemporaryFacilities;Notes:Actual building heights at various locations on each Lot shall be establishedthrough the Town's design review approval process, based on the criteriaestablished in the Town of Avon's Residential, Commercial, and Industrial DesignReview Guidelines.In all instances, the maximum allowable percentage of a building ridgeline tobe at or near the maximum height shall be governed by the more restrictivecriteria of the Riverfront Design Standards and the Town of Avon DesignReview Guidelines.Architectural Design and Massing: Final building design shall be establishedthrough the Town's design review approval process, based on the criteriaestablished in the Town of Avon's Residential, Commercial, and Industrial DesignReview Guidelines.Exhibit A R I V E R F R O N T V I L L A G EAvon, ColoradoDESIGN STANDARDSFebruary 23, 2006*amended December 12, 2017I. Vision Statement for Riverfront Village A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture-such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways.II. Site and Village GuidelinesA. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them-and avoid overwhelming or diminutive massing-and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience.the le 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. D. Site Signage - Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level.III. Architectural Design GuidelinesA. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs-such as at dormers, porte cocheres, building protrusions, and similar additive forms-may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, relatively small roof overhangs are encouraged for buildings on Lots 1 and 3, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modern" character. b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Greater variation in materials for town homes is contemplated with less reliance on the use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. This calculation shall exclude the gondola terminal, control booth and public restrooms.Exhibit A Exhibit A Exhibit B Exhibit B RIVERFRONT VILLAGE Minor PUD Amendment Minor PUD Amendment Submitted: Lots 4, 5, 6 and 7 | Riverfront Village PUD September 29, 2017 Updated 10/26/2017 Exhibit B 2 | Page A. INTRODUCTION The applicant and owner East West Resorts Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability partnership (“EWRD”) is hereby requesting a Minor PUD Amendment to amend Lots 4, 5, 6 and 7, of the Riverfront Subdivision. As represented in Exhibit A to Ordinance 06-03 (see Sheet 3 of 3 below) the PUD Development Plan currently in effect identifies specific building footprints for Lots 4, 5, 6, and 7. The specific development plan and density represented is no longer valid and economically feasible in present day conditions. The goal of the request is to amend the exhibit and allow for a range of residential units and density in the development plan in order to provide greater flexibility. This will allow the plan to adapt to market conditions. We propose that densities could range from 40 to 108 units depending upon the development plans to be submitted. This maintains the density in the current PUD for Lots 4-7 while allowing flexibility for a reduced density of 40 units. Sheet 3 of 3 of Riverfront Subdivision – Exhibit A to Ordinance 06 -03 *Note specific building outlines and footprints proposed on Lots 4, 5, 6 and 7 that are included in the development plan. These outlines are proposed to be removed from Exhibit A. Exhibit B 3 | Page Specifically, the applicant is requesting the Town of Avon to remove Sheet 3 of Exhibit A of the PUD Development Plan and replace with new exhibits showing a subdivision plan with no specific building footprints and no internal lot lines consolidating lots 4-7 into one single ‘new’ Lot 4 that preserves most of the existing easements assigned in the PUD. Preliminary level subdivision plat maps are included as part of this submittal showing the removal of internal lot lines for Lot 4-7 while maintaining existing easements and setbacks, with the exception of vacating a driveway & utility easement specific to Lot 7. New sheet for Exhibit A of PUD Development Plan showing all lots (existing and proposed). New sheet of Exhibit A showing new Lot 4, with all existing easements reflected Exhibit B 4 | Page The applicant is also requesting minor amendment to Sheets 1 and 2 of Exhibit A, consisting of eliminating references lot 5,6 and 7 to the table on sheet 1 and minor adjustment to the architectural guidelines on sheet 2. Sheet 3 has been updated to show a new subdivision plan with Lot 4 boundaries consistent with the requested PUD amendment. Minor amendment of Architectural Guidelines: The following amendments to items 5 and 6 of PUD Design Standards, Section IIIA Architectural Design Guidelines ‘Building Form and Massing’ are proposed to introduce more flexibility in the architectural expression of the future development, deliberately leaning towards a’ fresh’ mountain contemporary aesthetic with clean and simple forms, materials, and details: (reference bold italicized text for new proposed text additions). 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials, textures and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs—such as at dormers, porte cocheres, building protrusions, and similar additive forms—may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. Likewise, amendments to items b). and c) of PUD Design Standards, Section IIIC Architectural Design Guidelines - Exterior Materials, Details, and Colors are proposed to allow greater flexibility in the style of architecture and leaning towards the mountain contemporary. These include: (reference bold italicized text for new proposed text additions). b) Stucco conveys mass in a subtle, “quiet” way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Greater variation in materials for Town Homes is contemplated with less reliance on use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes, and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. Exhibit B 5 | Page Aside from the items requested in this Minor PUD Amendment, all other aspects of the current PUD remain unaltered and in effect for all Lots that are part of the PUD. The property is 18.9 acres and is surrounded by the Eagle River to the south, Riverfront Lane to the north, the Westin Timeshare building to the east and Eagle River Water and Sanitation District land to the west. The Eagle Valley Regional Trail and the Riverfront park that border the site to the south are part of the program of amenities and public benefits that have been implemented as part of the Riverfront PUD. The proposed Minor PUD amendment respects most setbacks and easements that are currently in place. The PUD amendment proposes only to eliminate the driveway and utility easement for Lot 7, since the Lot becomes part of Lot 4. There is no proposed change in land use or density increase. A range of density from 40 to 108 units is requested to provide greater flexibility for the development to adjust to market conditions. Preliminary development concepts will be shared with the Town during the minor PUD amendment review demonstrating the intended development plan consistent with the requested PUD amendment. The remainder of this narrative provides an evaluation of the proposed Minor PUD amendment against the criteria for review as set forth by the Town, as well as an analysis of compliance against the Town’s Comprehensive Plan and Development Code. Exhibit B 6 | Page B. CRITERIA FOR REVIEW Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section 7.16.060(e)(4) states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in the over what could have been accomplished through strict application of otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in the open space provision and access: environmental protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: The proposed minor amendment to the Riverfront Village PUD is to remove the specific development plan and allow a range of density from 40 to 108 units. This request will provide greater flexibility for the development to adjust to market conditions. The request is appropriate as it respects the majority of original easements and setbacks of the property, and remains consistent with the original approval of the Riverfront Village PUD. The PUD amendment will allow greater flexibility for the coordinated development of the land area within the existing four lots. Eliminating specific building footprints, may allow a reduction in the overall size, bulk and mass of the proposed condominium buildings. A greater variety of townhome development with a functional and efficient layout through- out the site taking advantage of the views, topography and adjacencies of Lots 4-7 of the PUD may be possible with greater flexibility in the density. The amendment will allow future development to apply different units and development prototypes that are more appropriate for present day market conditions and demands. The amendment preserves and honors the town’s 75’ riparian stream setback, and the riparian and recreation corridor previously established by the Riverfront Village is maintained. Additionally, trees and vegetation will be maintained or mitigated. Furthermore, an easement for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane will be provided by the applicant concurrent with the first development plan proposal for Lot 4. Lastly, it is also the intent of the applicant to deed restrict two condominium units. These units will be deed restricted as follows: two units in the condominium building, each a minimum of 800 sf will be permanently deed restricted to employees working full time for an Eagle County employer by form approved by the Town of Avon. Deed restrictions must be executed prior to temporary certificate of occupancy (TCO) of the condominium building. This would be in addition to the $846,000 Employee Housing Contribution that was part of the original PUD in 2006. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: All aspects of the current Riverfront Village PUD remain in place and in effect as originally approved in 2006. The PUD amendment only seeks flexibility in density for Lots 4 – 7, to allow a revised development concept but otherwise remains consistent with the overall vision and residential land uses for the area within Lots 4-7. Remaining consistent with the original PUD will Exhibit B 7 | Page promote the public health, safety, and general welfare of the Town. Open space is being preserved and public river access is being maintained and possibly enhanced via this Minor PUD Amendment application. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7. I 6.060(b); The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following: (I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent the proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7. I 6.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Applicant Response: As demonstrated within this document, all aspects of the current Riverfront Village PUD remain in place and in effect as originally approved in 2006 and therefore the PUD amendment is consistent with the Avon Comprehensive Plan and the eligibility criteria outlined in §7. I 6.060(b) and the purpose of the Town’s Development Code. The PUD amendment seeks greater flexibility in density as well as minor revisions to architectural guidelines of the PUD Development Plan as described in the introduction. No deviations or variances from the Town’s Development Code are proposed nor anticipated in association with the minor PUD amendment. The proposal is consistent with the eligibility criteria for a PUD given the conformance and adherence to all aspects of the original PUD Development Plan approval granted in 2006. Exhibit B 8 | Page The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (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; (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; Exhibit B 9 | Page (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; (I) 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. Applicant Response: As demonstrated within this document, the proposal is consistent with and in substantial compliance with the purpose of the Development Code by allowing greater flexibility in overall density that is currently allocated for Lots 4-7. The proposal will maintain setbacks to the sensitive riparian area within the 75’ stream setback that will remain mostly open space, with the potential for a new easement at the west end to allow for additional connectivity from Riverfront Lane to the Eagle Valley Regional Trail which will be provided by the Town in the future. No deviations or variances from the Town’s Development Code are proposed nor are anticipated in association with the minor PUD amendment. The ultimate development plan will meet the goals of Avon’s Comprehensive and Development codes by providing a development concept that promotes quality real estate compatible with surrounding land uses and fulfills the vision of the Riverfront Village PUD. Further, the applicant intends to deed restrict two of the future condominium units as previously discussed in this application. This would be in addition to the $846,000 Employee Housing Contribution that was part of the original PUD in 2006. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable will be available to serve the subject property while maintaining adequate levels of service to existing development; Applicant Response: Facilities are in place and available per the current development in place at Riverfront Village PUD and the infrastructure and service network is already implemented in anticipation of the full build-out for the PUD. All utility and access easements (except access easement for Lot 7) in place and originally established by the original PUD are being honored and preserved. Exhibit B 10 | Page (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, Including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: Given the proposed flexibility in density from the current PUD underlying zoning, the PUD amendment proposal is not likely to result in significant impacts to the natural environment. The existing easements including the 75’ stream setback will be maintained and respected with potential enhancement of the edge along the Eagle Valley Regional Trail. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Applicant Response: The proposed PUD remains consistent with the current PUD in effect, with the same land use assignments and similar condominium and town home development concept. Only greater flexibility in the overall density is proposed, which is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Applicant Response: The proposed amendment is to allow greater flexibility in the overall density of development in the areas occupied by Lots 4-7. The proposed range of density of 40 to 108 units will allow the applicant to create a development plan that responds to current economic and market conditions. The density is not increased per the original PUD approval and there is no change in the existing underlying residential land use. Therefore the uses on the subject track will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Exhibit B Riverfront Village October 2017 Design Standards Page 1 of 6 R I V E R F R O N T V I L L A G E Avon, Colorado DESIGN STANDARDS February 14, 2006 (Updated October 2017) I. Vision Statement for Riverfront Village A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon’s western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture—such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple but honest detailing (not overly rustic, “heavy,” or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of Exhibit B Riverfront Village October 2017 Design Standards Page 2 of 6 paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more “organic” as they approach the river edge portion of the Exhibit B Riverfront Village October 2017 Design Standards Page 3 of 6 Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways. II. Site and Village Guidelines A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them—and avoid overwhelming or diminutive massing—and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience. 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. D. Site Signage – Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level. Exhibit B Riverfront Village October 2017 Design Standards Page 4 of 6 III. Architectural Design Guidelines A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 42:12 to a maximum of 8:12. Secondary roofs—such as at dormers, porte cocheres, building protrusions, and similar additive forms—may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs are notmay be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, relatively small roof overhangs are encouraged for buildings on Lots 1 and 3, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Exhibit B Riverfront Village October 2017 Design Standards Page 5 of 6 Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a “mountain modern” character. b) Stucco conveys mass in a subtle, “quiet” way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure Exhibit B Riverfront Village October 2017 Design Standards Page 6 of 6 longevity when it comes near the ground plane at building walls. Greater variation in materials for Town Homes is contemplated with less reliance on use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal shall notmay be used for primary roof planes, but may be used for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. This calculation shall exclude the gondola terminal, control booth and public restrooms. Exhibit B Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 1 Staff Report – Minor PUD Amendment October 17, 2017 Planning & Zoning Commission Meeting File #PUD17002 Legal description Lots 4-7, Riverfront Subdivision Zoning PUD Address 254-358 Riverfront Lane Prepared By Matt Pielsticker, AICP, Planning Director Introduction Jim Telling with East West Resorts Development XIV, L.P., L.L.L.P. (“the Applicant”), is requesting a Planned Unit Development (PUD) Amendment (“the Application”) to modify the building type and placements upon lots 4-7 of the Riverfront PUD and Subdivision (collectively referred to as “the Property”). The Riverfront PUD Development Plan, the governing zoning document, entitles the Property with a large condominium building on lot 4, and smaller buildings with diminishing densities moving east to west on lots 5, 6, and 7. The Application proposes the following amendments: • Removal of current building footprint restrictions and internal lot lines • Modified parking requirements for condominium development – 1.2 per/unit to 1.0 per/unit • Architectural Guideline changes to roof pitch and materials • Provision of trail access easement and two (2) deed restricted affordable housing units All of the details of the Application are included as: Exhibit A – Riverfront Village Narrative, and Exhibit B – Riverfront Subdivision PUD Development Plan and Preliminary Subdivision. Process Minor PUD Amendment This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. The application, as submitted, meets the criteria for a Minor Amendment. The review procedures require a public hearing with the PZC. Council would make the final decision through either a Resolution or an Ordinance. Public Notification In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily. No written comments have been received. Public Hearings The October 17, 2017 meeting completes the public hearing requirements with the PZC. As noted, the Council will make the final decision on this Application after holding an additional public hearing. The Town Council hearing is tentatively scheduled for November 14, 2017. Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 2 PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The Application and amendments would preserve the environmental resources of the river and result in more flexibility with respect to future development. All other applicable development standards would remain intact, or be superseded with standards as outlined in the attached PUD Development Plan. The Application advances many Comprehensive Plan policies, along with subsections (n) from the Purpose Statement of the Development Code. A range of housing types are provided with condominium, townhomes, and affordable workforce units. General areas of open space would be maintained by existing platted setbacks, landscape easements, naturally steep areas, and the new provision of a trail easement on the west side of the development. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the Town, its residents, or guests. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan includes this property within District 2: The Riverfront District. The planning principals for The Riverfront District speak heavily to connectivity and respecting the river environment. All of the planning principles are included on the following page, with bolded Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 3 principles that relate specifically to this Application. • • • • • • • • • • • • • This Application proposes to provide a direct connection, via easement, to the Riverfront Park and Eagle Valley Regional Trail on the Eagle River. This advances the planning principles and helps connect the entire Town Core and Nottingham Park with a more convenient access portal south of the railroad tracks to the riverfront park and trails. Buildings would be sited to protect the river by maintaining the 75’ riparian setback. It is expected that future development will be at a lower overall scale compared to the existing development plan approval. Additional Goals and Policies from the Comprehensive Plan that this application is consistent with include the following: Policy A.2.1: Continue to inventory, analyze, and prioritize lands adjacent to the developed portions of Town for acquisition and/or preservation as open space or other public purposes. Policy A.2.2: Encourage cluster style development in areas of less density to promote environmentally and aesthetically sensitive site design. Goal D.3: Increase the number of visitors to Avon by enhancing the year-round mountain resort community. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units. Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 4 Policy E.1.4: Integrate attainable housing within large developments and throughout Town. Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce compliance. Policy G.1.3: Work with public and private landowners to identify opportunities for conservation easements, permanent open space protection tools, and access to open space. Policy H.1.1: Evaluate and seek parcels or easements for open space, trails, and recreation. Policy H.1.3: Support development and annexation to incorporate recreational amenities, land for trails, and open space accessible to the public. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This PUD amendment does not change the demands or ability of future development to be served by existing installed or planned facilities and services. Many of the utilities were installed at the time of original subdivision development in 2006-2007. The potential building placement locations is the primary change being proposed; overall density allotment is retained. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: When compared to the existing zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: Approval of this PUD amendment could result in a lesser overall impact to neighboring properties since the proposed development would not provide a building at the western edge (Lot 7). Instead of a duplex on Lot 7 a trail connection would be provided. Impacts are contained within the property and would be mitigated accordingly. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future uses on the subject tracts would remain residential/resort and consistent with other properties in the vicinity. The scale and density of development is retained with existing setbacks and dwelling unit ranges. Staff Recommendation  Staff is recommending approval of the Application. The PZC shall conduct a public hearing, consider public comments, and direct Staff to prepare a formal Findings of Fact, Record of Decision, and Recommendation to Council pursuant to Section 7.16.020(f)(3), Findings. Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 5 Recommended Motion “I move to recommend conditional approval of Case #PUD17002, an application for a Minor PUD Amendment for Riverfront PUD.” The following Findings may be applied should PZC make a favorable recommendation to Council: 1. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development. 2. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD. 3. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. The following Conditions may be applied: 1. Easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane will be provided concurrent with the first Development Plan proposal for Lot 4. 2. Two (2) units in the Condominium Building, each a minimum of 800 sq. ft., will be permanently deed restricted to Eagle County employees by form approved by Town of Avon. Deed restrictions must be executed prior to temporary Certificate of Occupancy (TCO) of the Condominium Building. Attachments A: Riverfront Village Narrative B: Riverfront Subdivision PUD Development Plan and Preliminary Subdivision Exhibit C Ordinance 17‐17 | Lot 1, Riverfront Vested Rights Extension December 12, 2017 Town Council Meeting 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: December 12, 2017 Meeting Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 17‐17, Approving a Vested Property Rights Extension for Lot 1, Riverfront Village PUD and Subdivision ACTION BEFORE COUNCIL Action on Second and Final Reading of Ordinance 17‐17 (Exhibit A), an Ordinance approving a Vested Property Rights Extension application for Lot 1, Riverfront Village PUD and Subdivision. RECOMMENDED MOTION AND ACTION “I move to approve Second Reading of Ordinance 17-17, thereby approving the Vested Rights Extension for Lot 1, Riverfront PUD and Subdivision.” SUMMARY Ruth Borne, (Applicant) representing Points of Colorado, Inc. (Owner), is applying for an extension of the vested property rights for Lot 1 of the Riverfront Subdivision. The attached application narrative (Exhibit B)outlines the written request and rationale for the extension. The property is part of the Riverfront PUD and Subdivision and currently retains a development plan approval for a 74‐unit timeshare development. This application is being reviewed separately from the other vested rights extension application based upon different ownership of the properties. Staff is supportive of the request and finds the extension reasonable considering the local and regional economic recovery and market conditions for new timeshare development moving forward. The attached Ordinance (Exhibit A) would approve the three (3) year extension as proposed. REVIEW CRITERIA The Town Council must consider the following review criteria when acting on this application: (i)The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii)Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; (iii)Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv)Compliance with the Avon Comprehensive Plan and other community planning documents; (v)Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; Ordinance 17‐17 | Lot 1, Riverfront Vested Rights Extension December 12, 2017 Town Council Meeting 2 (vi)Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; (vii)The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; (viii)The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix)Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and (x)Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Staff Response: The owner’s other property within Riverfront PUD and Subdivision, Riverfront Mountain Villas (Lot 4, or “Timeshare West”), was successfully completed pre‐recession and helps to anchor the public plaza with amenities located between it and the Westin Hotel. The subject property (Lot 1) originally received a development plan approval in late 2000’s, and that approval has been extended multiple times, now set to expire in April 2018. The economic realities of resort development were altered with the great recession, and those realities in Avon and the rocky mountain region have changed in recent years. The proposed three (3) year extension of the vested rights is necessary to ensure the owners can develop in a reasonable timeframe with either a single or phased construction project. All the public benefits that were constructed at the outset of the Riverfront PUD and Subdivision will continue to be realized. In addition to the physical developments including the riverfront path, public plaza, and other benefits, the monetary benefits continue to be realized. As outlined by the applicant, ongoing revenues related to real estate transfer tax, property tax, amenities fees, and public improvement fees for maintenance are ongoing and will be positively affected by completing this timeshare development. AVAILABLE ACTIONS 1) APPROVE Second Reading of Ordinance 17‐17. 2) CONTINUE the Second Reading of Ordinance 17‐17 to the January 9, 2018 meeting. 3) DENIAL with motion and vote. ATTACHMENTS Exhibit A: Ordinance 17‐17 Exhibit B: Application Narrative Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 1 of 2 TOWN OF AVON, COLORADO ORDINANCE 17-17 AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS FOR LOTS 1, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Points of Colorado, Inc. (“Applicant” and “Owner”) has submitted a Vested Property Rights Application (“Vested Rights Application”) to amend the term of vesting outlined in the Amended and Restated Development Agreement for the Confluence approved by Ordinance 16-03 (“Development Agreement”), currently set to expire March 14, 2018; and WHEREAS, the Vested Rights Application amends Section 2.2. of the Development Agreement to extend the expiration date for an additional three (3) years to then expire March 14, 2021; and WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property Rights, the Town Council finds the Vested Rights Application eligible for consideration since the Application was submitted at least six (6) months prior to the expiration of the Vested Property Rights approved by Ordinance 16-03; and WHEREAS, the Town Council of the Town of Avon held public hearings on November 14, 2017 and December 12, 2017 after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided before acting; and WHEREAS, the Town Council finding that the Application meets the review required by Avon Municipal Code §7.16.020(g)(3), including the following specific findings: 1) Property values and the real estate market experienced a significant downturn for several years, commencing locally in early 2009 and continuing for several years during the initial vested rights period and market conditions for the construction of new multi-family residential product have improved only recently; and, 2) There have been no changes to the Avon Comprehensive Plan or other community planning documents that affect the Project as originally approved in 2006; therefore, the project continues to comply with the Avon Comprehensive Plan and other community planning documents; and, Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 2 of 2 3) The Project has provided public amenities through the dedication of land for the Eagle river path, water rights dedications, river path construction, landscaping improvements, and employee housing mitigation; and, 4) The extended duration of the vested property rights for an additional three (3) years is reasonable considering the local, state and national economic recovery and local market conditions for new construction of a timeshare development. 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 Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the follow 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. Riverfront Development Agreement Amendment. The Amendment to the Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the Amended and Restated Development Agreement: The Confluence. Section 3. Recording. The Town Clerk shall cause the fully executed Amendment to the Amended and Restated Development Agreement: The Confluence and the Development Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be recorded at the Eagle County Clerk and Recorder’s Office. Section 4. 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 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 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 Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD December 12, 2017 – SECOND READING Page 3 of 3 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. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 14, 2017 and setting such public hearing for December 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 December 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 1 of 3 EXHIBIT A: AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT The Confluence THIS AMENDMENT to the Amended and Restated Development Agreement The Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on December 12, 2017, by and between Points of Colorado, Inc., a Colorado corporation (“Owner”) and the Town of Avon, a Colorado home rule municipal corporation (“Town”). WHEREAS, the Owner applied to the Town for an extension of the vested property rights for Lot 1, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 17-17 on December 12, 2017. NOW, THEREFORE, in consideration of the foregoing and the terms in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Town agree as follows: 1. Section 2.2 Term is hereby amended to add the following language, “Notwithstanding the foregoing, Owner and the Town agree that the Term of this Agreement and the vested property rights established under this Agreement shall continue until March 18, 2021 for Lot 1, Riverfront Subdivision.” 2. All other terms of the Agreement shall remain the same. [SIGNATURE PAGES FOLLOW] Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 2 of 3 OWNER: Points of Colorado, Inc., a Colorado corporation By:_____________________________ Name:___________________________ Title:____________________________ STATE OF ___________ ) ) ss: COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ____________________, 2017, by _________________________ as ________________ of _____________________________, a ____________________. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 3 of 3 TOWN: TOWN OF AVON, a Colorado home rule municipal corporation By: ___________________________ Attest: __________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on ___________________, 2017, by Jennie Fancher, as Mayor of the Town of Avon, and Debbie Hoppe, as Town Clerk of the Town of Avon. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A Points of Colorado, Inc., a Colorado corporation and owners of Lot 1, Riverfront Subdivision hereby submit this application for extension of its vested property rights pursuant to Section 7.16.140(f) of the Avon Development Code (“ADC”) for the Confluence Planned Unit Development (“Riverfront”). The Riverfront PUD includes seven (7) parcels that contain specific development rights. Lot 1 was purchased in late 2006 by Points of Colorado, Inc. and was not previously a party to the PUD approval and Development Agreement. Lots 2 and 3 have been fully developed and are known as the Westin Riverfront Resort & Spa and Westin Riverfront Mountain Villas. Ordinance No. 06-03, approved on March 14, 2006, An Ordinance Approving an Amendment to the Confluence Planned Unit Development (PUD), specifically the Amended and Restated Development Agreement (“Development Agreement”), Section 2.2. sets forth a vesting period for a term of 12 years, which results in the vesting expiring on March 14, 2018. The Avon Development Code, 7.16.040 (f) requires any extension of vested property rights be filed six (6) months prior to the expiration. In the interest of preserving our development rights, we are requesting the extension of the vested rights. The criteria for granting an extension of vested rights is set forth in ADC, Section 7.16.140(d)(1) as follows: (i) The size and phasing of the development, specifically but not limited to, whether the development can be reasonably completed within the vested rights period; Under the terms of the current Development Agreement, the vesting period is set to expire on March 14, 2018. The economic downturn affected the ability to pursue development within the confines of the existing 12-year vesting period. This three-year extension will provide adequate time to reasonably complete development on Lot 1. (ii) Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; The economic downturn of 2008 affected the national economy. Points of Colorado, Inc. was faced with maintaining its development rights and obtained design review approval for Lot 1, which was renewed for an additional term in 2014. Present day economics warrant an evaluation of the development standards and market demands in Avon to create a project that will contribute to the success of Riverfront PUD with a three-year extension. (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; Exhibit B The demand for timeshare projects particularly in Colorado has begun a resurgence and Points of Colorado, Inc, is hoping to capitalize on the renewed demand for timeshare in Avon. (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; The Avon Comprehensive Plan, High Priority District, District 3: The Confluence District, recognizes the Confluence District as the “most valuable property in Town limits” and recommends it be “developed at its most optimal level”. Riverfront PUD has lived up to the goals and objectives of the Compressive Plan adopted in 2009 and has provided unparalleled amenities for the public and other gathering places by providing a gondola and unique resort destination. Lot 1 will continue to capitalize on enhancing this vital component of the Town by creating more resort destination opportunities and revenue to the Town. (v) Proposed public amenities and benefits that enhance the project and overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; Lot 1 will be in two phases so the absorption of the development is accomplished within the three-year vesting period and will include resort amenities such as a new pool and public areas. (vi) Projected pubic financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; Lot 1 will continue to provide all the revenue sharing requirements set forth in the Development Agreement. The new amenities for resort guests will also offset the impact to the resort areas of Lots 2 & 3 and provide for more alternatives for resort guests. (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town’s ability to apply future legislatively adopted fees and regulations for providing public infrastructure, public services and public facilities and for meeting evolving community needs. The existing development agreement for the Riverfront has provisions for ensuring public services and facilities are compensated for the development, which include but are not limited to Recreational Amenities Fees, RETT, Public Improvement Fees and Maintenance. Exhibit B (viii) The terms of any existing specific development plans with development agreements for the applicant’s property that specify the duration of vested property rights. To date, Riverfront PUD has complied with all the terms and conditions of the development agreement including but not limited to the construction of the gondola and related facilities. The extension of the vesting period will provide an opportunity for the Town to continue to provide for new development opportunities that enhance our community. Exhibit B Ordinance 17-19 - Zoning Map Amendment December 12, 2017 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: David McWilliams, Town Planner Meeting Date: December 12, 2017 Agenda Topic: First Reading of Ordinance 17‐19, Approving the amended Town of Avon Zoning Map ACTION BEFORE COUNCIL Action on First Reading of Ordinance 17‐19, an Ordinance approving the amended Town of Avon Zoning Map. PROPOSED MOTION “I move to approve the First Reading of Ordinance 17‐19, thereby approving the amended Town of Avon Zoning Map.” SUMMARY Amending the Zoning Map is a required follow‐up step codified in the Development Code (section 7.20.030(b)) to account for adopted zoning amendments and other changes since the last amendment to the map. The changes reflect three areas of change: adopted Ordinances, changes to formatting, and a few proposed zoning changes to the map, all discussed below. The proposed amendments were presented at a public hearing before the Planning and Zoning Commission on November 7, 2017. The Commission unanimously recommended approval to Town Council. The Town of Avon Zoning Map has been updated to reflect the following previously adopted zoning amendments: •TC Ord. No. 2015‐03, Rezoning Lot 1A, Buck Creek Subdivision, from PUD to the Mixed‐ Commercial Zone District •TC Ord. No. 2015‐04, Rezoning Lot 1B, Buck Creek Subdivision, from PUD to the Public Facilities Zone District •TC Ord. No. 2015‐06, Rezoning of Lot B, Avon Center Subdivision, from PUD to Town Center (TC) Zone District •TC Ord. No. 2016‐05, Rezoning Application for the Mountain Star Tank Site Property •TC Ord. No. 2016‐13, Rezoning Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista Resort from PUD to Town Center Ordinance 17-19 - Zoning Map Amendment December 12, 2017 2 •TC Ord. No. 2017‐02, Rezoning Lot 4, Mountain Vista Resort Subdivision, from PUD to Public Facilities •TC Ord. No. 2017‐13, Approving Public Facilities and Parks Zoning for the East Avon Preserve •TC Ord. No. 2017‐18, Approving Rezoning and addition of Short‐Term Overlay District on the Nottingham Road residential corridor The map is now produced by an ArcGIS program which is tied to the Town’s parcel layers. A topographic background was added for context, including waterways, and Interstate 70. Another major change was the deletion of the “PUD Open Space” zone district as it was not found to be a legal zone district and rather a land use category more appropriate for the Town’s Existing/Proposed land use map. A number of other minor technical changes were made to bring the map to an accurate state for adoption. Meyers Ranch (along the Eagle river on west side of town); Lot 39 Block 1 Benchmark at Beaver Creek; Tract W Block 1 Benchmark at Beaver Creek; and Tract Y Block 1 Benchmark at Beaver Creek are proposed to be re‐zoned to Open Space, Landscaping, and Drainage (OLD) in this Ordinance. ATTACHMENTS A. Ordinance 17‐19, and Exhibit A ‐ Town of Avon Zoning Map TOWN OF AVON, COLORADO ORDINANCE 17-19 AN ORDINANCE AMENDING THE ZONING CLASSIFICATIONS OF CERTAIN PROPERTIES AND APPROVOVING OTHER UPDATES TO THE TOWN OF AVON ZONING MAP WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town last updated the Town of Avon Zoning Map by Ordinance 11-02, and wishes to periodically update the map to reflect changes to zone district classifications; and WHEREAS, the Town desires to rezone the Myers Ranch Annexation parcels from the Residential High Density Commercial (Retired) to the Open Space Landscaping and Drainage (“OLD”) Zone District; and WHEREAS, the Town desires to rezone Lot 39 Block 1 Benchmark at Beaver Creek to Open Space, Landscaping, and Drainage; and WHEREAS, the Town desires to rezone Tract W Block 1 Benchmark at Beaver Creek to Open Space, Landscaping, and Drainage; and WHEREAS, the Town desires to rezone Tract Y Block 1 Benchmark at Beaver Creek to Open Space, Landscaping, and Drainage; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 15- 03, an ordinance establishing the Mixed-Commercial Zone District for Lot 1A, Buck Creek; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 15- 04, an ordinance establishing the Public Facilities Zone District for Lot 1B, Buck Creek; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 16- 05, an ordinance zoning the Mountain Star Tank Site Property with the Public Facilities Zone District; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 16- 13, an ordinance establishing the Town Center Zone District for Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista Resort Subdivision; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 17- 02, an ordinance establishing the Public Facilities Zone District for Lot 4 Mountain Vista Resort Subdivision; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 17- 13, an ordinance establishing the Public Facilities and Parks Zone Districts for the East Avon Preserve Property; and WHEREAS, the Town desires to update the Official Zoning Map to reflect Ordinance 17- 18, an ordinance establishing the Short-Term Overlay District on the Nottingham Road residential corridor; and WHEREAS, the Town desires to update the Official Zoning Map to reflect all other updates to the zone district boundaries and classifications since 2011; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on November 7, 2017 and found that the application to change zoning classifications and update the Official Zone District Map meets the criteria set forth in Section 7.16.050(c) of the Avon Municipal Code; and WHEREAS, the Town Council conducted a public hearing on January 9, 2018 and considered all comments proffered, prior to taking action to the approve the Official Zoning Map; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply 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, the following: Section 1. Official Zoning Map. The Town of Avon Zoning Map, attached hereto as Exhibit A, is hereby approved. It shall be the original signed and electronic copy of such signed map. 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 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 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 sust1;1ining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose Of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on December 12, 2017 and setting such public hearing for January 9, 2018 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 January 9, 2018. BY: ATTEST: ____________________________ _______________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney VILLAGENOTTINGHAMRDCHIMINGBELLSDOGWOODDRPOSTBLVDAVONRDUSHWY6USHWY6WILL IS PL INTERSTATE70ACCESSRDEBEAVERCREEKBLVDDEERBLVDBE AV ER CREEKPLAVONRDOLDTRAILRDWBEAVERCREEKBLVDLAKE STKAYAKCTBEAR CTS HOOTI N G ST AR BEAVERRDEAGLERDLITTLE PTJUNE PTRIVERFRONTLNNOTTINGHAMRANCHRDDEERRUNBENCHMARKRDYODERAVERIVERSIDE CTST.ANDREWSPLCHAPELPL781 SPUR BACHELORRIDGELUPINELNNORTH PT PHEASANTCT JUNE CREEKTRL SUNRDFOXLNBACHELORGULCHRDLARKSPUR LNDRAWSPURMILLIESLNB LUE FLAXLIFT RDCOYOTE RIDGEINTERSTATE 70BENCHMARKRDMIKAELAWYLONG S P U R EAGLEBENDDRUSHWY6INTERSTATE 70HORIZONSWIFTGULCHRDINTERSTATE70ACCESSRDWWILDWOODRDWOODRUSH JUNECREEKSPURL O N G S U N LN INTERSTATE70ACCESSRDPIECE-O-CAKEINTERSTATE70ACCESSRDEHURDLNWILDRIDGE RD DEAD BUCK RESERV O I R DAYBREAKRIDGERDWILDWO O D RD ELKHORNPIECE-O-CAK ERED&WHITEMOUNTAINAVONRDWILLIAMJ.POSTB LVDV IL LA G E R D VILLAGERDMOUNTAINSAGE O’NEALSPURKNUDSONRANCHRDMETCALFRDMETCALFRD CASTLEPEAKGATESTONE CREEK DRJUNECREEKRDC O TT O N W O O DR D EAGLEDRE A GL E DRSA D DL ER IDG E LOOPBACHELORGULCHTRLBACHELORGULCHTRLBEARPAWPEAKVIEWE W ILDRI D G E RDEWILDRIDGERDBEAVER CREEKDRGROUNDPLUM HOLDEN R D HOL D E N R D FLATPTRIVERBEND DRGOLDENRODCASTLEPEAKCLOSECOYOTECIR FAWCETTRDCOLUMBINECIRJUNECRWWILDRIDGERDGROUSECTDEER BLVDDEERBLVDBEAVERCREEKPTW ILD ROSEPAINTBRUSHPAINTBRUSHPRATER RDNFAIRWAYDRWAYNE CREEK R D DAYBREAKRIDGERDS F AIRW A Y DRE LKLNTALLTIMBERHUMMI N G BI R D BEARTRAPRDMETCALFCREEKDAVOSDAVOSBUFFEHRBUFFEHR MOUNTAINSTARDRMOUNTAINSTARDRSAWATCHDROTA PARKCHI M IN G BELLSKAYAK CTMOUNTAINSAGEB UCKCREEKRDWEL DRSHEPHERD RIDGEDOE CTRIVERSIDE RDDAKOTA PARK GREENWAYE CIRKNUDSONRANCHPLACGOPHERRDTROUT CTGROUND PL U M COYOTE CTKEDSPUR LARK CTEAGLEC T DEER CT TROUTPONDLNJASMINE VILLAGERDINTERSTATE 70ACCESSRDGOSHAWKROSECROWNFERRETLNEAGLE-VAIL RDCHAPELPLSKYWATCHCTAPARRALR D WILLIAMJ.POSTBLVDSAWATCH DRWILLIAMJ.POSTBLVDRIVERBENDCT BUCKHORNL NRABBITBRUSHNGLETREERDPRIMROSEWOODVIOLETPTA RMIG ANCTWILLIAMJ.POSTBLVDHIGHLINEDRSTONEBRIDGEDRINTERSTATE70ACCESSRDINTERSTATE70ACCESSRDINT E R ST AT E 70AC CESSRD IN TE RS TATE70A C CES SR D IN TE RSTA TE 7 0 ACCESS RD WALKINGMOUNTAINSLNPOSTSHOOTINGINTERSTATE70ACCESSRDAVONBLUE JASMINE PRIMROSE GOLDENRODWILD WOODRUSHAVONRD WOODVIO L E T W ILLIAMJ.INTERSTATE70ACCESSRDTAMARACKRDGREENWAYEWILLIAMJ.WILLIAMJ.POSTBLVDAVONWILLIA MJ.Eagle RiverNottingham LakeEagle RiverEagle RiverTown of Avon Zoning DistrictsResidential DuplexResidential Low DensityResidential Medium DensityResidential High DensityResidential High Density Commercial (retired)Neighborhood CommercialShopping Center (retired)Mixed Use CommercialTown CenterLight Industrial and CommercialPublic FacilityParkOpen Space, Landscaping and DrainagePlanned Unit DevelopmentShort Term Rental OverlayAvon Town BoundaryRoadsRailroadI-70Rivers and LakesThis map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein.Phone - 970-748-4030Fax - 970-949-5749http://www.avon.org/communitydevelopment01,000 2,000500FeetTOWN OF AVON ZONING MAPEXHIBIT A to Ordinance 17-19Adopted January 9, 2018 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Assistant Town Manager Meeting Date: December 12, 2017 Agenda Topic: Adoption of 2017 Property Tax Levies Action Before Council: Adoption of the 2017 Town of Avon general operating and the Avon General Improvement District No. 1 mill levies. Proposed Motion: “I move to approve Resolution #17-31 and #17-32 to adopt the 2017 Town of Avon general operating and the Avon General Improvement District No. 1 mill levies.” Summary: Resolutions #17-31 and #17-32 levying property taxes for Town of Avon general operating and the Avon General Improvement District No. 1 are hereby submitted for adoption. The property tax mill rates will be levied as follows: o General operating purposes - 8.956 mills, no change from the previous year; o Avon General Improvement District No. 1 – 14.005 mills, no change from the previous year Attachments: A – Resolution 17-31 B – Resolution 17-32 TOWN OF AVON RESOLUTION 17-31 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2017, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2018 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 14, 2017; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,835,120; and WHEREAS, the 2017 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $204,903,930. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2018 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2017. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED this 12th day of December, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk ATTACHMENT A TOWN OF AVON RESOLUTION 17-32 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2017, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2018 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 14, 2017; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $41,532; and WHEREAS, the 2017 net total assessed valuation for the property included in the District as certified by the County Assessor is $2,965,510. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2018 budget year there is levied a tax of 14.005 mills ATTACHMENT B upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2017. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED this 12th day of December, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk ATTACHMENT B  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Meeting Date: December 12, 2017 Re: Ordinance 17-20, Changing Fiduciary Plans Action Before Council First reading of Ordinance 17-20, Removing and Appointing a Fiduciary for the Town of Avon Deferred Compensation Plans Proposed Motion “Move to approve Ordinance 17-20, An Ordinance Removing and Appointing a Fiduciary for the Town of Avon Deferred Compensation Plans.” Summary The Town of Avon retirement plans’ attorney Kevin Paul with Heizer Paul LLP has provided a memorandum explaining the purpose of Ordinance 17-20. The retirement board recommends approval of this ordinance. Attachments: A – Heizer Paul LLP Memorandum B – Ordinance 17-20 600 GRANT STREET  SUITE 650  DENVER, COLORADO 80203  PHONE 303.595.4747  FAX 303.595.4750 WWW.HPFIRM.COM ATTORNEY-CLIENT PRIVILEGED COMMUNICATION MEMORANDUM TO: SCOTT WRIGHT FROM: KEVIN C. PAUL & CINDY COLEMAN CC: ERIC HEIL DATE: DECEMBER 5, 2017 RE: AMENDMENTS TO SECTION 457 DEFERRED COMPENSATION PLANS In an effort to assure that members of the Town Council are clear in their understanding of the proposed ordinance and proposed resolution addressing amendments to the Town’s deferred compensation plans, we offer the following explanation: 1. The Town of Avon offers its employees two retirement savings programs: a. A “money purchase plan,” into which the Town makes contributions for each employee; and b. A “deferred compensation plan,” into which employees defer amounts from their own compensation. Both the employer contributions and the employee deferrals into these plans are not taxed as income until the employee withdraws them from the plans. 2. The Town’s deferred compensation plans are usually referred to as “457 Plans,” because they are governed by Section 457 of the Internal Revenue Code. 3. The Town maintains two 457 Plans – one for full-time employees and one for employees who work on a part-time, temporary, or seasonal basis. ATTACHMENT A ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Memo to Scott Wright Re: Proposed Amendments to Deferred Compensation Plans December 7, 2017 Page 2 The Proposed Ordinance 4. As the sponsor for the 457 Plans, the Town is considered the Plans’ “administrator” and their “fiduciary.” In essence, this means the Town is responsible for making certain the Plans are operated prudently and in the best interest of the employees. 5. Since the Plans were initiated, the Town has delegated its responsibilities as administrator and fiduciary to its Finance Director. 6. At the same time, the Town has delegated responsibility for its Money Purchase Plans – one for all non-Police Department employees and one for all Police Department employees – to its two appointed Retirement Boards: the Public Employees Plan Retirement Board and the Police Employees Plan Retirement Board. The Finance Director is an appointed member of each Board. 7. In practice, the Finance Director has consulted the Retirement Boards regarding any material issues or decisions that affected the 457 Plans. 8. Thus, in order to align all of the Town’s retirement plans, we have drafted the proposed Ordinance to relieve the Finance Director of serving as the sole administrator and fiduciary of the 457 Plans, and to appoint the Public Employees Plan Retirement Board, on which the Finance Director sits, to serve in those capacities. 9. We recommend that this amendment to the 457 Plans be accomplished via an ordinance because it involves a change in the delegation of the Town’s authority, and obligation, to serve as a fiduciary to these two Plans. The Proposed Resolution 10. For the past several years, the Town has contracted with a company called ICMA- RC to perform recordkeeping and related administrative tasks for its two 457 Plans. Those tasks included providing employees with on-line access to information about their accounts within the 457 Plans. 11. At the same time, the Town relies upon the Principal Financial Group to serve as record keeper for the Money Purchase Plans. Employees have access to information about their accounts within those Plans via a platform provide by Principal. ATTACHMENT A ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Memo to Scott Wright Re: Proposed Amendments to Deferred Compensation Plans December 7, 2017 Page 3 12. The Retirement Boards jointly determined that, in order to simplify the process of accessing account information for employees, as well as to make the retirement savings program more streamlined and efficient, recordkeeping for the 457 Plans should be moved from ICMA to Principal. This results in employees being able to access all of their Avon retirement savings information via one online system. In addition, this change resulted in a reduction in the costs associated with operating the 457 Plans. 13. During the period that ICMA served as record keeper for the 457 Plans, it provided the plan documents that governed the operation of the Plans. 14. With the determination to move from ICMA to Principal for recordkeeping services, it becomes necessary to replace the ICMA plan documents with documents prepared by First Western Trust, the third-party administrator for the Plans that works alongside Principal in assuring that the Plans operate as they should and that employees have access to current and accurate information regarding their accounts. 15. Legal counsel for the 457 Plans has reviewed the First Western Trust documents and determined that they are acceptable. 16. We recommend accomplishing this revision to the operation of the 457 Plans via a resolution, in that it constitutes a change in vendors, rather than a revision in the Town’s delegation of its authority. -kcp & cac ATTACHMENT A Ord 17-20 457 Plan & 457 Part-time, Temporary and Seasonal Plan Fiduciary - Page 1 of 3 TOWN OF AVON ORDINANCE 17-20 AN ORDINANCE REMOVING & APPOINTING A FIDUCIARY FOR THE TOWN OF AVON DEFERRED COMPENSATION PLANS WHEREAS, pursuant to Article XX of the Colorado Constitution and to the Home Rule Charter and Code of the Town of Avon, the Town of Avon (the “Town”) is authorized to adopt retirement programs for the benefit of its employees and to provide for the governance of those programs as it determines is appropriate; and WHEREAS, under Section 457(b) of the Internal Revenue Code, the Town maintains the Town of Avon Deferred Compensation Plan for its general employees (the “457 FT Plan”) and the Town of Avon Part-Time, Temporary and Seasonal Employees Deferred Compensation Plan for its part-time, temporary, and seasonal employees (the “457 PTS Plan”) (collectively, the “457 Plans”); and WHEREAS, the 457 Plans were established by certain resolutions, including Resolution 1985- 02 and 1997-54; and WHEREAS, the 457 Plans, their service providers, and their plan documents have been modified from time to time pursuant to resolutions, including Resolutions 1988-04, 1991-08, 1996-59, 2002-14 and 2015-01; and WHEREAS, the Town previously delegated authority to administer the 457 Plans, and to serve as a fiduciary to those Plans, to its Finance Director; and WHEREAS, the Finance Director participates as a legislatively appointed member of the Town’s Public Employees Plan Retirement Board (the “Board”); and WHEREAS, the Town Council finds that delegating its authority to act as fiduciary to, and administrator of, the 457 Plans to the Board will promote the prudent and efficient operation of the 457 Plans, and the general welfare of the Town’s employees who benefit from the 457 Plans; and, WHEREAS, the Town Council recognizes and appreciates the Finance Director’s many years of service as the sole fiduciary and administrator of the 457 Plans; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. ATTACHMENT B Ord 17-20 457 Plan & 457 Part-time, Temporary and Seasonal Plan Fiduciary - Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. The Finance Director shall be relieved of the duty to serve as the sole fiduciary and administrator of the 457 Plans and the Board shall be appointed to act as fiduciary and administrator of the 457 Plans, upon the Effective Date of this Ordinance. 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 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title only at the Avon Town Hall, Avon Recreation Center and Avon Library, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours and is available on the Town of Avon website. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for _____________________, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on ____________, 2017. ____________________________ Jennie Fancher, Mayor ATTACHMENT B Ord 17-20 457 Plan & 457 Part-time, Temporary and Seasonal Plan Fiduciary - Page 3 of 3 Published by posting at the Avon Town Hall, Avon Recreation Center and Avon Library at least six days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on ____________________, 2017. ____________________________ Jennie Fancher, Mayor Published by posting at the Avon Town Hall, Avon Recreation Center and Avon Library. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney ATTACHMENT B  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Meeting Date: December 12, 2017 Re: Resolution 17-29, Terminating and Adopting Deferred Compensation Plans Action Before Council Adoption of Resolution 17-29, Terminating and Adopting Deferred Compensation Plans. Proposed Motion “Move to approve Resolution 17-29, A Resolution Terminating and Adopting Deferred Compensation Plan Arrangements for the General Employees and Part-time, Temporary, and Seasonal Employees Deferred Compensation Plans” Summary The Town of Avon retirement plans’ attorney Kevin Paul with Heizer Paul LLP has provided a memorandum explaining the purpose of Resolution 17-29. The retirement board recommends approval of this resolution. Attachments: A – Heizer Paul LLP Memorandum B – Resolution 17-29 600 GRANT STREET  SUITE 650  DENVER, COLORADO 80203  PHONE 303.595.4747  FAX 303.595.4750 WWW.HPFIRM.COM ATTORNEY-CLIENT PRIVILEGED COMMUNICATION MEMORANDUM TO: SCOTT WRIGHT FROM: KEVIN C. PAUL & CINDY COLEMAN CC: ERIC HEIL DATE: DECEMBER 5, 2017 RE: AMENDMENTS TO SECTION 457 DEFERRED COMPENSATION PLANS In an effort to assure that members of the Town Council are clear in their understanding of the proposed ordinance and proposed resolution addressing amendments to the Town’s deferred compensation plans, we offer the following explanation: 1. The Town of Avon offers its employees two retirement savings programs: a. A “money purchase plan,” into which the Town makes contributions for each employee; and b. A “deferred compensation plan,” into which employees defer amounts from their own compensation. Both the employer contributions and the employee deferrals into these plans are not taxed as income until the employee withdraws them from the plans. 2. The Town’s deferred compensation plans are usually referred to as “457 Plans,” because they are governed by Section 457 of the Internal Revenue Code. 3. The Town maintains two 457 Plans – one for full-time employees and one for employees who work on a part-time, temporary, or seasonal basis. ATTACHMENT A ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Memo to Scott Wright Re: Proposed Amendments to Deferred Compensation Plans December 7, 2017 Page 2 The Proposed Ordinance 4. As the sponsor for the 457 Plans, the Town is considered the Plans’ “administrator” and their “fiduciary.” In essence, this means the Town is responsible for making certain the Plans are operated prudently and in the best interest of the employees. 5. Since the Plans were initiated, the Town has delegated its responsibilities as administrator and fiduciary to its Finance Director. 6. At the same time, the Town has delegated responsibility for its Money Purchase Plans – one for all non-Police Department employees and one for all Police Department employees – to its two appointed Retirement Boards: the Public Employees Plan Retirement Board and the Police Employees Plan Retirement Board. The Finance Director is an appointed member of each Board. 7. In practice, the Finance Director has consulted the Retirement Boards regarding any material issues or decisions that affected the 457 Plans. 8. Thus, in order to align all of the Town’s retirement plans, we have drafted the proposed Ordinance to relieve the Finance Director of serving as the sole administrator and fiduciary of the 457 Plans, and to appoint the Public Employees Plan Retirement Board, on which the Finance Director sits, to serve in those capacities. 9. We recommend that this amendment to the 457 Plans be accomplished via an ordinance because it involves a change in the delegation of the Town’s authority, and obligation, to serve as a fiduciary to these two Plans. The Proposed Resolution 10. For the past several years, the Town has contracted with a company called ICMA- RC to perform recordkeeping and related administrative tasks for its two 457 Plans. Those tasks included providing employees with on-line access to information about their accounts within the 457 Plans. 11. At the same time, the Town relies upon the Principal Financial Group to serve as record keeper for the Money Purchase Plans. Employees have access to information about their accounts within those Plans via a platform provide by Principal. ATTACHMENT A ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Memo to Scott Wright Re: Proposed Amendments to Deferred Compensation Plans December 7, 2017 Page 3 12. The Retirement Boards jointly determined that, in order to simplify the process of accessing account information for employees, as well as to make the retirement savings program more streamlined and efficient, recordkeeping for the 457 Plans should be moved from ICMA to Principal. This results in employees being able to access all of their Avon retirement savings information via one online system. In addition, this change resulted in a reduction in the costs associated with operating the 457 Plans. 13. During the period that ICMA served as record keeper for the 457 Plans, it provided the plan documents that governed the operation of the Plans. 14. With the determination to move from ICMA to Principal for recordkeeping services, it becomes necessary to replace the ICMA plan documents with documents prepared by First Western Trust, the third-party administrator for the Plans that works alongside Principal in assuring that the Plans operate as they should and that employees have access to current and accurate information regarding their accounts. 15. Legal counsel for the 457 Plans has reviewed the First Western Trust documents and determined that they are acceptable. 16. We recommend accomplishing this revision to the operation of the 457 Plans via a resolution, in that it constitutes a change in vendors, rather than a revision in the Town’s delegation of its authority. -kcp & cac ATTACHMENT A TOWN OF AVON RESOLUTION 17-29 A RESOLUTION OF THE TOWN OF AVON, COLORADO, TERMINATING AND ADOPTING DEFERRED COMPENSATION PLAN ARRANGEMENTS FOR THE GENERAL EMPLOYEES & PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES DEFERRED COMPENSATION PLANS WHEREAS, pursuant to Article XX of the Colorado Constitution and to the Home Rule Charter and Code of the Town of Avon, the Town of Avon (the “Town”) is authorized to adopt retirement programs for the benefit of its employees; and WHEREAS, under Section 457(b) of the Internal Revenue Code, the Town maintains the Town of Avon Deferred Compensation Plan for its general employees (the “457 FT Plan”) and the Town of Avon Part-Time, Temporary and Seasonal Employees Deferred Compensation Plan for its part-time, temporary, and seasonal employees (the “457 PTS Plan”) (collectively, the “457 Plans”); and WHEREAS, the Town has determined that its employees, who benefit from the 457 Plans, will be best served by terminating the Town’s prior deferred compensation plan recordkeeping and custodial services arrangements with ICMA; and WHEREAS, the Town has determined that the prudent and efficient operation of the 457 Plans will be well served by appointing the Principal Financial Group (“Principal”) as the record keeper and asset custodian for those Plans; and WHEREAS, the Town desires to adopt amended and restated plan documents governing its 457 Plans, in conjunction with the appointment of Principal as the record keeper and asset custodian of those Plans; and WHEREAS, the Town desires to ratify the determinations and decisions of its Finance Director, acting in his capacity as the fiduciary and administrator of the 457 Plans, with respect to the termination of ICMA and appointment of Principal to serve as record keeper and asset custodian for those Plans; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado, to wit: The Town hereby approves the termination of its arrangement with ICMA as the record keeper and asset custodian of the 457 Plans, effective November 8, 2017. The Town hereby appoints Principal as the record keeper and asset custodian of the 457 Plans, effective November 8, 2017. ATTACHMENT B The Town hereby amends and restates its current 457 FT Plan document, identified as ICMA 457 Governmental Deferred Compensation Plan & Trust Number 301948, and replaces that document, in its entirety, with the First Western Trust Eligible 457 Plan document. The Town hereby amends and restates its current 457 PTS Plan document, identified as ICMA 457 Governmental Deferred Compensation Plan & Trust Number 304553, and replaces that document, in its entirety, with the First Western Trust Eligible 457 Plan document. The Town hereby ratifies those determinations and decisions of its Finance Director, acting in his capacity as the fiduciary and administrator of the Plans, with respect to the termination of ICMA and the appointment of Principal to serve as record keeper and asset custodian to the 457 Plans, with respect to the transfer of the Plans’ assets, effective September 8, 2017, to Principal, and with respect to the preparation, review, and approval of amended and restated plan documents. ADOPTED this _____ day of _______, 201__. ____________________________ Jennie Fancher, Mayor ATTESTED: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney ATTACHMENT B Page 1 of 4 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Virginia C. Egger, Town Manager Meeting Date: December 12, 2017 Agenda Topic: NOTICE OF AWARD FOR THE NEW TOWN HALL PROJECT AND FUNDING ACTIONS BEFORE COUNCIL Authorize the Town Manager to issue a Notice of Award for construction of the New Town Hall (NTH) project to FCI Constructors, Inc. in the amount of $2,925,390.00, and direct staff to prepare budget resolutions for the balance of the funding needed for the project. COUNCIL RECOMMENDED MOTIONS The Notice of Award will require the following two motions to be approved: 1. I move to authorize the Town Manager to issue a Notice of Award for the New Town Hall project to FCI Constructors, Inc., in the amount of $2,925,390.00, with funding, as appropriated, in the 2017 Town of Avon Capital Projects Fund budget. 2. I move to direct staff to prepare budget resolutions to transfer the $1,200,000 assigned for New Town Hall from the 2018 Urban Renewal Fund budget to the Capital Projects Fund budget. COLLABORATIVE PROGRAMMING PROCESS Davis Partnership is the architect retained by the Town of Avon to complete the design build-out of the three story shell building to be transformed into the New Town Hall. The guiding objectives and programming effort was led by Davis Partnership in collaboration with a design committee, which included Town Council representatives, community leaders and Town staff department heads. The Town Council approved the guiding objectives (Attachment 1) and program (Attachment 2) for the building at the February 28, 2017 meeting and subsequently Davis Partnership initiated the completion of the construction documents, a pricing and value engineering exercise, and then bid out the project. The approved program for the NTH includes the following: • Open council/Court chamber that is flexible to be a mixed use space for the community, special events, gallery, visitor center and other uses • The Council and Court judge will be located on a dais • There will be a conference room with a kitchen next to the Chamber for Council & P&Z meals • A full time receptionist, Town Clerk and special events staff will be located on the first floor • The restrooms on the first floor will be available to the public • Access to the second and third floors will be controlled for security reasons • IT office and work area will be on the second floor • A large meeting room for Council executive sessions and staff meetings will be on the second floor • The staff kitchen and break room will be located on the second floor • There is 1,600-FT of expansion space available on the second floor which can be rented in the interim • Human Resources, Finance, Community Development, Engineering and Administration Departments will be located on the third floor Page 2 of 4 • The finance and Human Resource Departments will be in separate enclaves for privacy reasons. All other staff except the Town Manager will be in a modern, open office environment • The vertical walls will be a moveable wall system that can be disassembled and reassembled in different configurations to maximize long-term flexibility and will include glass to maximize use of natural light In addition to the objectives and programming, Council directed the NTH to be Leadership in Energy and Environmental Design (LEED) certified and that the building be heated using the heat recovery system. Council approved funding for the LEED Commissioning. Funding for the addition of photovoltaics (solar heating) to the building is included in the 2018 Capital Projects Fund in the amount of $50,000.00. BID PROCESS Upon Davis Architects completing the Construction Documents, the documents were priced by a local contractor and the base estimate came in at $3,392,685. Numerous items were then removed or replaced with more cost effective solutions to reduce the project’s cost. The project was then bid out in order to retain a contractor and initiate a more comprehensive value engineering process. Bidding was done for the project as designed, and also included two deducts: 1) Removing all finishes on the second floor, and 2) removal of office and workspace movable walls (MW) throughout the building to evaluate potential to reduce costs. The project was posted for bid on October 12, 2017 and was advertised in the Vail Daily, posted on the Town’s website, and listed in plan rooms throughout the state. In addition, staff and the architect notified contractors directly that complete projects of similar size in the Vail Valley and throughout the state. Five bids were received on November 16th from qualified contractors as summarized below: TABLE 1: BID SUMMARY Contractor Bid without MW Bid including MW Second Floor Deduct Savings Total if Deduct Accepted Evans Chaffee $3,284,956 N/A $541,616 NA GE Johnson $3,155,235 $3,442,916 $545,000 $2,897,916 G.H. Phipps $3,129,894 $3,399,575 $340,279 $3,059,296 FCI Contractors $2,961,890 $3,252,890 $359,450 $2,893,440 MW Golden $3,157,748 N/A $429,239 NA Evans Chaffee did not include moveable wall system (MW) in their bid due to difficulty finding a vendor and MW Golden did not include the MW system do to a misunderstanding of the bid documents. In order to equalize the bids to the same scope, the bids were compared based on not including the MWs and the value of the second floor deduct. Under both scenarios, FCI Contractors is the lowest qualified bidder for the project. Staff recommends FCI be selected for the project and initiate value engineering discussions to fully evaluate project savings. PROJECT COST AND REDUCTION OPTIONS Table 2, posted at the end of this report, summarizes the project costs as bid out per the approved programming scope and a staff recommendation to reduce the project costs. The current design as bid out has a construction cost of $3,252,890 and a total project cost is $4,372,987. Several cost savings options were reviewed during the pricing exercise that can reduce the construction costs to within the $4.2M included in the adopted 2018 Capital Projects Fund (CPF) and Avon Urban Renewal Authority (AURA) budgets. Removing these items will modify the program approved by Council on February 28th and as a result require direction from Council. Page 3 of 4 Heat Recovery System In order to use heat recovery to heat the building requires replacement of the existing HVAC units, and excavating, trenching and laying pipe across the parking lot to the recreation center. This work was priced before bidding the project and it is estimated the cost to be approximately $325,000. At that time, it was recommended that the existing HVAC system be retained as it is in good condition and the changes to the system, as designed, will not result in significant heating or cooling efficiency. Natural gas prices also remain lower than producing energy from the heat recovery system; and the heat recovery surplus can be better utilized at the Recreation Center or other Tract G properties. As a result of cost and efficiency, staff is recommending the heat recovery system and attendant costs not be included in the project for an estimated savings of $325,000. If Council agrees with this recommendation, the mechanical systems will have to be redesigned, which will cost $15,000 and take one month. The new design will then be priced by FCI and the actual savings change ordered into the FCI contract. Second Floor The Council approved program for the second floor includes office and workspace for the IT Department, staff breakroom, several smaller conference rooms, and a large conference room capable of handling Council executive sessions. There is an additional 1,600-SF of expansion space that is planned to be leased out in the interim until it is required for Town staff. Not building-out the second floor was priced by the contractor and provides a cost savings of $359,450. This option will negate renting out the second floor in the interim, require IT Department to be located at the Avon Regional Transit Facility, which will impact their effectiveness since the majority of their operations occur at Town Hall, and increase the cost of the build-out in the future due to having to pay a contractor to re-mobilize, and inflation. In addition, the second floor is only 8% of the project budget, and is recommended to be included in the project. Movable Wall Systems A third option is to not install the moveable wall systems proposed on the second and third floor for a savings of $291,000. This will decrease the amount of privacy for the Human Resource and Finance Departments and will require a re-design of the electrical and cabling components located in the walls. Also, some walls will still be required and have to be installed as a traditional metal stud and drywall system. This will negate the feasibility of using the moveable wall system in the future, which provides for office space flexibility and the open space collaboration. Retaining the moveable wall system, therefore, is recommended to be included in the project. STAFF RECOMMENDATION Staff recommends the Notice of Award be awarded to FCI with the revised scope in the amount of $2,925,390 contingent on the finalization for the HVAC system redesign pricing. The total project budget is $4,060,487. Council will need to appropriate from the AURA the $1,200,000 assigned for the NTH in the adopted 2018 budget, which is needed for other costs of the project included in Table 2, plus adequate contingencies are available. Value engineering, with FCI, is expected to produce project savings, which will be presented to Council at the time of the AURA appropriation. SCHEDULE AND CONSTRUCTION IMPACTS If the Notice of Award is approved today, construction will start in January and is expected to take 6-months to complete. Staff will move into the building in July, 2018. During construction, the parking lot west of the building will be closed to the public. This will impact the Prater Lane Daycare since they use the lot to drop off and pick up children. We will be able to accommodate a safe drop signage with the Daycare off of Mikaela Way. Page 4 of 4 PRESENTATION ORDER • Guiding Objectives and Building Program (Will Bussard) • Project Bidding and Recommendation (Will Bussard/Justin Hildreth) • Schedule (Justin Hildreth) ATTACHMENTS Attachment 1 Guiding Objectives for Building Program Attachment 2 Floor Programs – 1st, 2nd, 3rd AVON TOWN HALL CURRENT DESIGN AS BID NOTES RECOMMENDED APPROACH NOTES BUILDING COSTS AS DESIGNED PLUS 5% CONTINGENCY $4,372,987 $4,060,487 CONTRACTED COSTS TO DATE A&E Design Fees $240,000 Includes redesign & construction management $240,000 Currently Contracted Design Fees for Audio/Visual $22,000 Unidentified cost at Schematic $22,000 Currently Contracted Utility Connections $60,600 Schematic heat recovery and other utilities $60,600 Currently Contracted TOTAL CONTRACTED COSTS TO DATE $322,600 $322,600 BUILDING FINISH COSTS - IT & FURNITURE Low Voltage $60,000 Not included in schmatice cost estimate $60,000 Fully fund Security $75,300 Not included in schmatice cost estimate $75,300 Fully fund Phone/IT $70,399 Not included in schmatice cost estimate $70,399 Fully fund Site Lighting $15,690 Not included in schmatice cost estimate, required for dark sky compliance $15,690 Fully fund Wireless Internet $21,293 Not included in schmatice cost estimate $21,293 Fully fund Audio-Visual Equipment $107,170 1st floor includes significant CH 5 equipment; only 4.5% of cost is on 3rd fl $107,170 Fully fund Furniture $285,000 Utlize Existing furniture for 2nd floor $285,000 Fully fund TOTAL IT & FURNITURE $634,852 $634,852 BUILDING FINISH COSTS - CONSTRUCTION FCI CONTRACTORS - FULL BUILDING BID $3,252,890 All three floors bid as designed $3,252,890 Value Engineer as shown below CONTINGENCY 5%$162,645 $162,645 TOTAL CONSTRUCTION COSTS $3,415,535 $3,415,535 TOTAL COST $4,372,987 $4,372,987 BID DEDUCTS COST REDUCTION NOTES COST REDUCTION NOTES Bid Deduct: No improvements on the 2nd floor ($359,450) Delay improvements until tenant(s) identified; additional cost will be incurred in later phase $0 Fully fund; 8.2% of project; adds space for other users; more costly to complete later Bid Deduct: Eliminate 2nd/3rd Floor Removable Walls ($291,000) If deleted, additional funds will be needed for redesign, wiring and some fixed wall construction $0 Fully fund; Meets goals of collabortive and flexible spaces TOTAL COST AFTER BID DEDUCTS $3,722,537 $4,372,987 OTHER POTENTIAL DEDUCTS COST REDUCTION NOTES COST REDUCTION NOTES Retain Current HVAC System - Do not utilize heat recovery (use on Other Tract G projects) ($325,000) Useable life still available; natural gas is less expensive than heat recovery operation ($325,000)Heat recovery will be available for other Tract G buildings - Add for redesign of HVAC system $15,000 Redesign to utilize existing HVAC units $15,000 Add for redesign of system; adds one month to project schedule - Remove Stairwell Graphic ($2,500)Proposed for interior well - explains the energy efficiencies of the project ($2,500)Remove Stairwell Graphic SUB-TOTAL OTHER POTENTIAL DEDUCTS ($312,500)($312,500) TOTAL AFTER ALL DEDUCTS $3,410,037 $4,060,487 $3,252,890 Total Bid Amount ($325,000)Retain Current HVAC System ($2,500)Remove Stairwell Graphic $2,925,390 Total Contract Amount VALUE ENGINEERING OPTIONS FCI CONTRACTORS CONTRACT TABLE 2: PROJECT BID COSTS AND RECOMMENDED APPROACH ATTACHMENT 1 -1ST FLOOR PROGRAM •OPEN COUNCIL/PZC/COURT CHAMBER W/ AREA FOR “OUTSIDE”CONVERSATIONS •JUDGE ON PORTABLE DAIS •COUNCIL/PZC ON PORTABLE DIAS OR FLOOR LEVEL •FURNITURE MULTI-USE •HUDDLE ROOM ADJACENT TO “KITCHEN” FOR COUNCIL/PZC MEALS –EXECUTIVE SESSION OR 2ND FLOOR •MIXED USE/FLEXIBLE SPACE FOR COMMUNITY SPECIAL EVENTS, GALLERY, VISITOR CENTER, ETC. USES WHEN NO MEETINGS •FULL TIME RECEPTION/COURT STAFF WITH COURT •SPECIAL EVENT STAFF TO OVERSEE EVENT ACTIVITY & TO WORK WITH VOLUNTEERS •PUBLIC RESTROOMS •RETRICTED ACCESS TO 2ND AND 3RD FLOORS •TECHNOLOGY MUST BE WELL THOUGHT OUT -VERSATILE DEPARTMENTS •TOWN/COURT CLERK: SHARED ENCLOSED ENCLAVE WITH WORK STATIONS •FESTIVALS/SPECIAL EVENTS: SHARED ENCLOSED ENCLAVE WITH WORK STATIONS •IT OFFICES & WORK AREAS [SERVER MOVED TO PSF] •EMPLOYEE BIKE & GEAR STORAGE •LARGEST MEETING ROOM –USED FOR EXECUTIVE SESSION •ADDITIONAL HUDDLE ROOMS & WORK SPACES •KITCHEN & STAFF LOUNGE •ECONOMIC DEVELOPMENT: PROVIDES INTERIM SPACE FOR NONPROFIT AND/OR PRIVATE WORK SHARE SPACE •EXPANSION SPACE FOR COMMUNITY DEVELOPMENT & ENGINEERING (OR OTHER DEPARTMENTS) •WINDOW AREAS RESERVED FOR MOST USE BY MANY DEPARTMENTS •IT: ENCLOSED ENCLAVE WITH WORK STATIONS & WORK AREA •HR: PRIVACY HUDDLE ROOM (MAYBE USED BY OTHERS) ATTACHMENT 2 –2ND FLOOR PROGRAM •CREATE A COLLABORATIVE SPACE & RECOGNIZE CHANGING NEEDS AS A RESULT OF TECHNOLOGY AND PAPERLESS WORK •PROVIDE MIX OF ENCLAVES/PODS, HUDDLE AND CONFERENCE ROOMS PLUS OPEN MEETING AREAS •ALL WORK STATIONS HAVE DIVIDERS •MEET NEED FOR NOISE REDUCTION & PRIVACY •RETAIN WINDOWS FOR MAXIMUM USE BY ALL & TO KEEP LIGHT THROUGH THE SPACE •RESTRICT ACCESS TO THIS FLOOR DEPARTMENTS •FINANCE: ENCLOSED ENCLAVE WITH WORK STATIONS. TWO CLOSED OFFICES •HUMAN RESOURCES: ENCLOSED ENCLAVE WITH WORK STATIONS, ONE CLOSED OFFICE •ENGINEERING & COMMUNITY DEVELOPMENT: OPEN ENCLAVE WITH WORK STATIONS •ADMINISTRATION: TOWN MANAGER CLOSED OFFICE & WORK STATIONS. •TOWN ATTORNEY: CLOSED OFFICE RESERVED ATTACHMENT 2 -THIRD FLOOR PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM ATTACHMENT 2 - NEW TOWN HALL COUNCIL APPROVED DESIGN PROGRAM TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Debbie Hoppe, Town Clerk Date: December 12, 2017 Topic: 2018 Regular Meeting Schedule ACTION BEFORE COUNCIL Please find below the proposed regular meeting dates, which reflect the second and fourth Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m. The Town Council meeting schedule includes special considerations for meeting dates, as follows: • Suggested dates to cancel regular meetings include: 1. April 24 – No meeting – A review of the Eagle County School District’s school calendar reveals that school spring break falls during the 4th week of April (23rd through 27th) 2. November 27 – Thanksgiving break 3. December 25 – Christmas break • Two Council Retreat dates are recommended. The proposed dates are February 27th and June 26th, with noon start times. Once the schedule has been approved by Town Council, the dates will be posted to the town’s website and four posting locations. PROPOSED MOTION “I move to approve the 2018 Avon Town Council Meeting Schedule as presented (with or without changes).” 2018 Avon Town Council Meeting Proposed Schedule 2nd and 4th Tuesday – 5:00 p.m., unless otherwise noted DATE NOTES January 9, 2018 January 23, 2018 February 13, 2018 Eagle County School District Mid-Winter Break 2/19 – 2/23 February 27, 2018 Council Retreat – Noon Regular Meeting – 5:00 p.m. March 13, 2018 March 27, 2018 April 10, 2018 Eagle County School District Spring Break 4/23 – 4/27 May 8, 2018 May 22, 2018 June 12, 2018 June 26, 2018 Council Retreat – Noon Regular Meeting – 5:00 p.m. July 10, 2018 July 24, 2018 August 14, 2018 August 28, 2018 September 11, 2018 September 25, 2018 October 9, 2018 October 23, 2018 November 13, 2018 Eagle County School District Thanksgiving Break 11/19 – 11/23 December 11, 2018 Eagle County School District Holiday Break 12/24 – 01/04/2019 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: December 12, 2017 Topic: FIRST READING OF ORDINANCE 17-21, AMENDING SECTION 2.20.010 OF THE TOWN OF AVON MUNICIPAL CODE TO RENAME THE TRANSPORTATION DEPARTMENT TO THE MOBILITY DEPARTMENT ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 17-21, Amending Section 2.20.010 of the Town of Avon Municipal Code to Rename the Transportation Department to the Mobility Department. RECOMMENDED MOTION “I move to approve first reading of Ordinance 17-21, thereby amending Section 2.20.010 of the Town of Avon Municipal Code to rename the Transportation Department to the Mobility Department.” BACKGROUND As set forth in Section 8.8 of the Avon Home Rule Charter, the Town Manager shall recommend to Council any proposal to establish, consolidate or abolish administrative departments. Upon recommendation, the Council will consider action through two readings of an ordinance. At this time, the Town Manager is recommending the following change to the Avon administrative departments: Mobility Department – Formerly the Transportation Department, the new title more accurately reflects the aim of providing and maintaining safe, cost effective and quality mobility systems in Avon. ATTACHMENT Ordinance 17-21 Ord 17-21 Renaming Transportation Department to Mobility Department December 12, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 17-21 AMENDING SECTION 2.02.010 OF THE TOWN OF AVON MUNICIPAL CODE TO RENAME THE TRANSPORTATION DEPARTMENT TO THE MOBILITY DEPARTMENT WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; WHEREAS, Section 8.8 of the Avon Home Rule Charter states that the Council shall approve the administrative departments by Ordinance upon recommendation of the Town Manager and Section 2.02.010 of the Avon Municipal Code establishes the administrative departments of the Town; WHEREAS, the Town Manager recommends the certain amendments to the administrative departments of the Town as set forth in this Ordinance; WHEREAS, the Town Council finds that the amendments to the administrative departments will provide for a more efficient provision of municipal services to the Avon community; WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply 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 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. Section 2.02.010 Amended. Section 2.02.010(j) of the Avon Municipal Code is hereby amended by repealing and re-enacting such section in its entirety to read as follows: 2.02.010 Departments Enumerated. (j) Mobility. 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 Ord 17-21 Renaming Transportation Department to Mobility Department December 12, 2017 Page 2 of 3 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 public notice following 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. 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 17-21 Renaming Transportation Department to Mobility Department December 12, 2017 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on December 12, 2017 and setting such public hearing for January 9, 2018 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 January 9, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: December 12, 2017 Agenda Topic: Intergovernmental Agreement between the County of Eagle and the Town of Avon for the provision of Animal Services (Renewal) ACTION BEFORE COUNCIL Action on Intergovernmental Agreement between the County of Eagle and the Town of Avon for the Provision of Animal Services. RECOMMENDED MOTION “I move to approve the Intergovernmental Agreement between the County of Eagle and the Town of Avon for the provision of Animal Services.” SUMMARY The Chief of Police, Greg Daly with the Avon Police Department, is recommending approval of the Intergovernmental Agreement between the County Of Eagle and the Town of Avon for the provision of Animal Services. BACKGROUND This IGA is the renewal of the current services agreement between Eagle County Animal Services (ECAS) and the Town of Avon. The proposed IGA is a three-year agreement. There are some changes to the agreement for 2018. Eagle County have decided to increase the ECAS operation both for patrol/control/ enforcement side and for the shelter services resulting in a larger county budget need. As a result, the overall costs proposed to individual jurisdictions within Eagle County has increased (based on population). As APD employs a seasonal community response officer who addresses dogs off leash complaints particularly in Nottingham Park, we are not going to contract for the ECAS patrol/control services in 2018. We are contracting with ECAS for shelter services and emergency call out to the shelter if needed. ECAS provides shelter for lost or abandoned domestic animals. FINANCIAL IMPLICATIONS This IGA increases the monthly service payment for General Animal Services from $825 to $1500, with an emergency shelter call out fee of $100 per call (after business hours). Note that the initial ECAS proposal to include the control/ enforcement services was $26,741 ($2,228 pm) for 2018 stepping up to $60,424 per year ($5,035 pm) in 2020. Town Council approved the 2018 funding in the recently adopted budget. ATTACHMENT Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this ______ day of __________________, 2017 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Services on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to perform such Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1- 201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The Services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFINITIONS. “Eagle County Animal Services Officer” is defined as an employee of the County who performs tasks to provide services, among other tasks, described in this agreement. “Emergency On-Call Service” is defined as: times when Town of Avon law enforcement needs to transfer custody of a domestic animal from the Town to Eagle County Animal Services while the Shelter is closed. “Shelter” means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. “Unclaimed” Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide Services as follows: A. General Animal Services shall include: i. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are domestic animals taken into custody within the Town of Avon and domestic animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. The Town is responsible for transporting such domestic animals to the Shelter or other mutually agreed upon location to take custody of a domestic animal. The County only provides sheltering services once the animal is transferred to the Shelter. ii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, number of animals sheltered and number of Unclaimed Days as they apply to the Town of Avon. B. Emergency On-Call Services shall include: Response by Eagle County Animal Services Officer to the Shelter or other mutually agreed upon location to take custody of a domestic animal outside of Shelter hours from the Town. SECTION 4. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 5. COMPENSATION. A. The Town of Avon agrees to pay the County, monthly, the sum of $1,500.00 for General Animal Services. B. Emergency On-Call Services shall be billed at: $100.00 per call. C. The Town of Avon agrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On-Call Services rendered the previous month. D. All fees and expenses recovered at or for the Shelter will remain with the County. E. All court fines and costs will remain with the court of venue. SECTION 6. PERSONNEL. A. The Eagle County Animal Services Officer shall have full cooperation from the Town of Eagle, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. B. The rendition of Services provided for herein, the standards of performance, the discipline of staff, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. C. All persons employed in the performance of such Services for the Town of Avon, pursuant to this agreement, shall be County employees. SECTION 7. LIABILITY AND INSURANCE. A. The County and the Town shall respectively provide its own general liability and public officials’ errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured’s insurance policies. The named insured’s insurance shall be primary and non- contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. The parties agree that a claim arising out of the County’s enforcement of the Town’s ordinance in accordance with the terms of this Agreement shall constitute an operation of the Town for purposes of the County’s additional insured status under the Town’s insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 8. TERM AND TERMINATION. A. This Agreement is effective January 1, 2018, and shall end at 11:59 p.m. on the 31st day of December, 2020. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 9. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon and the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: Chief of Police P.O. Box 975 Avon, CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jillian H. Ryan, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board TOWN OF AVON By:__________________________________ Mayor Attest: By:___________________________ Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: John Curutchet, Director of Recreation Date: December 12, 2017 Topic: Approval of Resolution 17-28 Supporting the Colorado Lottery Division so that it be extended by General Assembly Legislation to the year 2039 ACTION BEFORE COUNCIL Action on support of a resolution to support legislation that will extend the Colorado Lottery Division to the year 2039 PROPOSED MOTION “I move to approve Resolution 17-28 supporting the Colorado Lottery Division so that it be extended by General Assemble legislation to the year 2039.” BACKGROUND Colorado voters approved a state lottery in 1980. The General Assembly created a Lottery Division in the State Department of Revenue to administer the program. In 1992, the voters adopted the Great Outdoors Colorado (GOCO) amendment to the state constitution, earmarking up to 50% of annual lottery proceeds to the trust. The Colorado Lottery is critical to the administration of the entire GOCO program as well as the Conservation Trust Fund and Colorado Parks and Wildlife. The Lottery Division is set to expire unless extended by the General Assembly, which during its 2018 session will consider legislation to extend the Lottery Division to 2039. Since 1993, the Colorado Lottery has returned more than $3 billion in proceeds to the people of Colorado in all our 64 counties. Examples of Lottery benefits include, but are not limited to, the following: • Helping connect families to the outdoors; • creating and enhancing local trails and parks; • building outdoor recreation facilities • preserving ranchlands and water resources • improving river access and quality • conserving wildlife habitat • investing in parkland acquisition and park development • improving trail construction and maintenance ATTACHMENT Resolution 17-28 RESOLUTION 17-28 SUPPORTING RE-AUTHORIZATION OF LOTTER PROCEEDS BY THE GENERAL ASSEMBLY IN 2018 WHEREAS, Colorado voters provided for a statewide lottery, and in a subsequent election adopted the Great Outdoor Colorado (GOCO) amendment to the state constitution, which directs that lottery proceeds be used for parks, open space, wildlife, and outdoor recreation purposes, and WHEREAS, following the voters’ approval of a lottery, the General Assembly created a Lottery Division in the State Department of revenue to administer lottery, and WHEREAS, as provided in the GOCO amendment, lottery profits are allocated to the Great Outdoors Colorado Trust Fund (GOCO Trust Fund), the Conservation Trust Fund, and the Colorado Division of Parks and Wildlife, and WHEREAS, since 1992, the GOCO Trust Fund has distributed approximately $1 billion in grants for projects to improve communities in all of Colorado’s 64 counties. Funds have helped connect families to the outdoors, improved local trails and parks, built outdoor recreation facilities, preserved ranchlands, water resources, and view corridors, improved river access and quality and conserved wildlife habitat; and WHEREAS, the GOCO Trust Fund distributed $350,000 directly to the Town of Avon to fund current construction of Destination Jump, Splash, Learn playground in Nottingham Park, and WHEREAS, the GOCO Trust Fund has directly distributed $498,000 directly to the Town of Avon for the construction of the Eagle Valley bike and pedestrian trail. Projects such as these have made Avon a more desirable place to live, work, play and visit; and municipalities, and special districts for acquisition, development, and maintenance of new conservation sites, capital improvements, and maintenance for recreational purposes on public sites, and WHEREAS, since 1992 the GOCO Trust Fund has distributed approximately 215 million of lottery proceeds in support of Colorado’s 42 state parks, funding parkland acquisition, park development and operations, trail construction and maintenance, environmental education, youth and volunteer programs and stewardship and natural resource management, and WHEREAS, the Colorado Lottery Division is critical to the administration of the entire GOCO program and the Division is set to expire unless extended by the General Assembly, which during its 2018 session will consider legislation to extend the Division to 2039. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT: The Town of Avon strongly urges the Colorado General Assembly to approve legislation during its 2018 session to re-authorize the Colorado Lottery Division until 2039. ADOPTED December 12, 2017, by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Deputy Town Manager Date: December 12, 2017 Topic: Appointments to Boards and Commissions ACTION BEFORE COUNCIL Review and approval of board, committee, authority and other agency appointments. PROPOSED MOTION I move to approve the appointments to committees and boards in Attachment A. SUMMARY Each year the Town Council revisits the appointments to various committees, boards and authorities. Appointments are made by motion and vote. 2017 appointments are shown in Attachment A, and Mayor Jennie Fancher is recommending no changes. If Council would like to recommend a change, the item should be removed from the Consent Agenda. ATTACHMENT Attachment A: 2017 Board, Committee, Authority and Other Agency Appointments AGENCY DESCRIPTION 2018 COUNCIL & TOWN MANAGER ASSIGNMENTS - Upper Eagle Regional Water Authority Town's voting representative on the six member board; responsible for all elements of delivering potable water to the Town Appointment: Primary appointment must be an elected official. Alternate may be Town Manager (or designee) or citizen Primary Representative: SARAH SMITH HYMES Alternate: AMY PHILLIPS Eagle County Regional Transportation Authority & Eagle County Regional Trails (ECO) A nine member board of elected officials from the incorporated towns was established to develop operating policy. This board has since been reduced to eight members who represent the towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle County Government and Beaver Creek. The half-cent county sales tax is dedicated to funding regional transportation. One- tenth of this tax goes toward funding the regional trails system. Town's voting representative on Eagle County's Transit & Trails Advisory Board. Appointment: Elected or staff Primary Representative: AMY PHILLIPS Alternate: SARAH SMITH HYMES Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. The board consists of 5 directors. The property is being managed by Polar Star Properties under an agreement with the Corporation. The present members of the Board are Gerald E. Flynn, Jeffery M. Spanel, Craig Ferraro and Megan Burch. Appointment: Elected or Appointed Town Council also must approve other board member appointments when a vacancy occurs. Board Member: MEGAN BURCH Alternate Board Member: SARAH SMITH HYMES ATTACHMENT A TOWN OF AVON 2018 BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS December 12, 2017 12/8/2017 Page 1 AGENCY DESCRIPTION 2018 COUNCIL & TOWN MANAGER ASSIGNMENTS - Public Access TV: High Five Access Media Voting representative on the Board of the nonprofit organization that manages non commercial public, educational and governmental programming; receives Town's PEG fees from COMCAST Appointment: Elected Board Member: AMY PHILLIPS Alternate Board Member: JAKE WOLF Colorado Municipal League Policy Committee The CML Policy Committee is a standing committee that develops the League's legislative program. The membership is composed of representatives from each member municipality, CML sections, and district presidents. Voting representative on policy matters before the State Legislature Appointment: Elected or Town Manager Primary Representative: MATT GENNETT Alternate: JAKE WOLF Colorado Association of Ski Towns CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. We support actions that keep our communities livable, protect our pristine environment, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. Our goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors Voting representative on ski town consortium Appointment: Elected, if desired Town Manager regulary attends; non-voting if an Elected Official is appointed Primary Elected Representative: JENNIE FANCHER Alternate: Varies by Interest and Availability I-70 Coalition Voting representative from towns & counties along the I-70 corridor working to reduce I-70 vehicular congestion and improve safety. Also continues to evaluate proposed magnetic train(Guideway System) Appointment: Elected or Town Manager Appointment: VIRGINIA EGGER 12/8/2017 Page 2 AGENCY DESCRIPTION 2018 COUNCIL & TOWN MANAGER ASSIGNMENTS - VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private partnership that provides the funding to make the Eagle County Regional Airport (EGE) a vital part of the Eagle County economy with a vibrant flight service program. Formed in 2002, the EGE Air Alliance partnership includes government entities and private business stakeholders in local towns within Eagle County. Serves as representative to discuss regional airport topics of concern. Appointment: Elected or Town Manager Board Member: AMY PHILLIPS Alternate: VIRGINIA EGGER VVP: 2. Economic Development Leadership Council serves under the umbrella of the Vail Valley Partnership Vail Valley Economic Development Advisory Council Contact Names: Chris Romer Economic Development Leadership Council: Serves as representative on the advisory board to the VVP governing board; assists with regional & local collaboration, research, and follow through on economic development initiatives. Vail Valley Economic Development Advisory Council: The Advisory Council is a resource and sounding board for the Partnership. The Advisory Council will provide advisement on issues at hand to ensure that local economic development activities undertaken by VVED are relevant to the needs of the business community and remain aligned to the core mission. Primary Representative: Elected or Appointed Primary Council Member: JENNIE FANCHER Alternate: SCOTT PRINCE Vail Valley Mountain Bike Association Regional committee focused on achieving IMBA Gold Designation. VVMB coordinates volunteer trail work, organizes events, trains volunteer trail construction crew leaders and contributes its talents, guidance and time to support local land managers in various soft surface trail initiatives. Appointment: Elected or Appointed Primary: SCOTT PRINCE Alternate: MATT GENNETT 12/8/2017 Page 3 AGENCY DESCRIPTION 2018 COUNCIL & TOWN MANAGER ASSIGNMENTS - Eagle County Home Buyer Assistance Committee ("HBAC") Tori Franks: Eagle County (328- 8775) Eagle County Housing & Development Department The Eagle County Homebuyers Assistance Committee (HBAC) is a volunteer committee, who represents public and private entities throughout the valley. We are an advisory committee, to the Board of County Commissioners who, working closely with the Eagle County Housing Department, recommends policies regarding the Eagle County Home Buyers Assistance Programs and First Time Home Buyers Education Classes. Appointment: Elected Committee Member: SCOTT PRINCE Traer Creek Liaisons Join the Town Manager in bi-weekly meetings to stay informed and updated on development topics Appointment: Elected or Appointed Two Appointees: JENNIE FANCHER MATT GENNETT Hoffmann Commercial Real Estate Liaisons Join the Town Manager in bi-weekly meetings to stay informed and updated on development topics Appointment: Elected or Appointed Two Appointees: JENNIE FANCHER SARAH SMITH HYMES 12/8/2017 Page 4 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:08 p.m. A roll call was taken and Council members present were Megan Burch, Amy Phillips, Scott Prince and Sarah Smith Hymes. Jake Wolf and Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Assistant Town Manager Scott Wright, Transit Director Eva Wilson, Public Works Director Gary Padilla, Fleet Director Rego Omerigic, Human Resources Director Lance Richards, Recreation Director John Curutchet, Project Engineer Jim Horsley, Planner David McWilliams, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Mayor Pro Tem Smith Hymes requested the addition of the Letter of Intent to Join the Climate Action Collaborative of Eagle County. She made a motion to add the item to the Consent Agenda as item 6.8.4. Councilor Phillips seconded the motion and it passed unanimously by Council present. Councilor Wolf and Councilor Gennett were absent. 3. MEETING PROCEDURES FOR THE MEETING OF NOVEMBER 14, 2017 4. PRESENTATION Start time: 08:19 Part One 4.1. PROCLAMATION FOR EAGLE COUNTY GIVES DAY (DENISE KIPP) Michelle Stecher, Executive Director Eagle River Youth Coalition, presented information about Colorado Gives Day on December 5, 2017. Councilor Burch moved to adopt the Colorado Gives Day Proclamation. Councilor Phillips seconded the motion and it passed unanimously by Council present. Councilor Wolf and Councilor Gennett were absent. Mayor Fancher read the Proclamation. 5. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 14:30 Part One Dylan Roberts, the new representative of House District 26, introduced himself to the Town Council. 6. ACTION ITEMS Start time: 18:56 Part One 6.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2017 FINAL REVISED BUDGETS, 2018 OPERATING BUDGET, 2018 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 6.1.1. RESOLUTION 17-24, RESOLUTION TO AMEND THE 2017 TOWN OF AVON OPERATING FUNDS BUDGETS 6.1.2. RESOLUTION 17-25, RESOLUTION TO AMEND THE 2017 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET 6.1.3. RESOLUTION 17-26, RESOLUTION TO ADOPT THE 2018 TOWN OF AVON OPERATING FUNDS BUDGETS 6.1.4. RESOLUTION 17-27, RESOLUTION TO ADOPT THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2018 CAPITAL PROJECTS FUND BUDGET TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Mayor Fancher opened the public hearing and no comments were made. Councilor Prince announced that he may have a conflict of interest due to his son participating on the swim team. Council agreed that he did not have a conflict. Councilor Phillips moved to approve Resolution 17-24, as presented, amending the 2017 Town of Avon Operating Funds Budget. Councilor Prince seconded the motion and it passed unanimously by Council members present. Councilor Wolf and Councilor Gennett were absent. Councilor Phillips moved to approve Resolution 17-25, as presented, amending the 2017 Town of Avon Capital Projects Fund Budget. Councilor Burch seconded the motion and it passed unanimously by Council members present. Councilor Wolf and Councilor Gennett were absent. Mayor Fancher asked to fund up to $25,000 out of the $56,000 contingency special events budget, for a series of at least 10 Story slams (Tenth Mountain Storytellers) to be held in venues throughout Avon. Councilor Wolf arrived at 5:57 p.m. Virginia Egger, Town Manager, advised Council of a request received by the Vail Valley Mountain Bike Association (VVMBA) for reconsideration of their funding request. Virginia said that VVMBA went through the community grant process and the recommendation was no funding. Councilor Phillips moved to approve Resolution 17-26, as presented, to adopt the 2018 Town of Avon Operating Funds Budgets. Councilor Burch seconded the motion and it passed with a vote of 5. Councilor Wolf abstained from the vote and Councilor Gennett was absent. Councilor Phillips moved to approve Resolution 17-27, to adopt the Town of Avon Long-Range Capital Program and simultaneously adopt the 2018 Capital Projects Fund Budget. Councilor Burch seconded the motion and it passed with a vote of 4. Councilor Prince voted no with the request for discussion on the M2/M3 trails. Councilor Wolf abstained from the vote and Councilor Gennett was absent. 6.2. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE URBAN RENEWAL AUTHORITY MEETING (MAYOR JENNIE FANCHER) Mayor Fancher made a motion to call to order the Urban Renewal Authority meeting. Council was in favor and the time was 6:29 p.m. 6.3. ACTION TO RESUME THE REGULAR MEETING AND ROLL CALL (MAYOR JENNIE FANCHER) Mayor Fancher made a motion to resume the regular meeting. The time was 6:33 p.m. Councilor Burch seconded the motion and it passed unanimously by those Council members present. Councilor Gennett was absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 6.4. FIRST READING OF ORDINANCE 17-18 APPROVING A REZONING APPLICATION ADDING NOTTINGHAM ROAD PROPERTIES TO THE SHORT-TERM OVERLAY DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 92:28 Part One Kevin Hyatt spoke in favor for the Short-Term Overlay District. Councilor Prince asked staff to come up with an education campaign for the rezone. Councilor Phillips moved to approve first reading of Ordinance 17-18, thereby approving a Rezoning Application Adding Nottingham Road Properties to the Short-Term Overlay Zone District. Councilor Wolf seconded the motion and it passed unanimously by Council members present. Councilor Gennett was absent. Council gave direction to Planning and Zoning staff to begin the process of analyzing and making recommendations for updating all short-term rental regulations. 6.5. FIRST READING OF ORDINANCE 17-16, EXTENDING THE VESTED PROPERTY RIGHTS AND APPROVING A MINOR PUD AMENDMENT FOR LOTS 4-7, RIVERFRONT VILLAGE PUD AND SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 106:35 Part One Councilor Prince recused himself from the discussion. Jim Telling with East West Resorts Development, and Pedro Campos with Zehren and Associates, gave a brief synopsis of what is proposed. Mayor Pro Tem Smith Hymes moved to approve First Reading of Ordinance 17-16, approving the Vested Rights Extension and Minor PUD Amendment, with the following language added to the General Notes on the PUD Development Plan (Exhibit B to Ordinance 17-16): 1. Owner shall provide an easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane. The easement(s) will be provided concurrent with the first Development Plan proposal for Lot 4, and which easement(s) shall allow for the construction of a hard surface trail path for pedestrian, bicycle and other passive recreation use that is similar in width, grade, surface, construction and appurtenances as other passive recreation hard surface trails in Avon. 2. Owner shall convey deed restrictions for two (2) residential units in the Condominium Building to the Town of Avon as a condition of receiving any certificate of occupancy, the residential units shall be each a minimum of 800 sq. ft., the deed restriction shall be permanent, recorded at the Eagle County Clerk and Recorders office, shall limit the use of the residential units to occupancy by persons employed or working full-time in Eagle County (defined as working at least 32 hours per week for at least 8 months in a calendar year), and the form of the Deed Restriction shall be acceptable to TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 the Town of Avon and shall be consistent with other Deed Restrictions conveyed to the Town of Avon with similar terms.” And prior to second reading also include a plan for trail construction including working with the district for land needed for that trail. And, presenting a reasonable time on when a new plan can be presented. Councilor Phillips seconded the motion and it passed with a vote of 5. Councilor Prince recused himself from the vote. Councilor Gennett was absent. 6.6. FIRST READING OF ORDINANCE 17-17, APPROVING A VESTED RIGHTS EXTENSION FOR LOT 1, RIVERFRONT VILLAGE SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 128:15 Part One Councilor Wolf moved to approve First Reading of Ordinance 17-17 and set a public hearing for the December 12, 2017 meeting. Councilor Phillips seconded the motion and it passed with a vote of 5. Councilor Prince recused himself from the vote. Councilor Gennett was absent. Councilor Prince returned to the meeting. Council moved to the Consent Agenda item 6.8. 6.8. CONSENT AGENDA Start time: 132:29 Part One 6.8.1. APPROVAL OF AN AMENDMENT TO THE EAGLEBEND SUBORDINATION AGREEMENT AND PROJECT AGREEMENT TO REMOVE THE PUBLIC FINANCE AUTHORITY AS A PARTY TO THE AGREEMENTS (TOWN ATTORNEY ERIC HEIL) 6.8.2. APPROVAL OF THE DIVISION OF TRANSIT AND RAIL FTA SECTION 53111 GRANT AGREEMENT WITH THE TOWN OF AVON AND AUTHORIZATION FOR MAYOR JENNIE FANCHER TO SIGN THE AGREEMENT (TRANSPORTATION DIRECTOR EVA WILSON) 6.8.3. APPROVAL OF MINUTES FROM OCTOBER 24, 2017 COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Phillips moved to approve the consent agenda. Councilor Burch seconded the motion and it passed unanimously by Council present. Councilor Gennett was absent. Council moved to Mayor & Council Comments & Meeting updates item 9. 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 133:27 Part One Councilor Burch mentioned that Eagle County Veterans Service Officer Pat Hammond was reappointed for another two years of service. Councilor Burch also shared that the Total Health Alliance of Eagle County met to begin planning what the revenue from Eagle County’s new tax on retail marijuana will be used for in the realm of mental health. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 5 Mayor Pro Tem Smith Hymes discussed the cleanup efforts for the Eagle mine. 6.7. DIRECTION TO STAFF FOR NEXT STEP(S) FOR THE HAHNEWALD BARN BASED UPON REVIEW OF THE SCHEMATIC SITE PLAN FOR RELOCATION OF HAHNEWALD BARN TO TRACT G AND OPINION OF PROBABLE COSTS (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 00:08 Part Two Kevin Seitmann with Tomecek Studio Architecture presented the item. Tamara Nottingham Underwood, member of the Avon Historic Preservation Advisory Board, asked Council to move forward with saving the Hahnewald Barn. Kristi Ferraro, resident, spoke in favor of saving the Hahnewald Barn. Bill Glaner, member of the Avon Planning and Zoning Commission, said he studied the costs and suggested not elevating the structure. Joe Shankland, resident asked if the land has been looked at for deed restricted housing. Tamara Nottingham Underwood read an email into the record from Alan and C.C. Nottingham in favor of saving the Hahnewald Barn. Zack Blom with the Vail Mountain Hockey Club expressed his support for the Hahnewald Barn. Council directed the Planning and Zoning Commission to move forward with their planning for Town Owned Properties. Contractors and architects will investigate the schematics of other barn locations, and staff will continue to research the cost of moving or storing the barn short-term. Joe Shankland proposed the installation of speed bumps along West Beaver Creek Boulevard in order to slow cars down. 7. WRITTEN REPORTS Start time: 119:30 Part Two 7.1. BEN HARPER & THE INNOCENT CRIMINALS CONCERT REPORT (SPECIAL EVENTS PRODUCTION ASSISTANT LOUISE DUNCAN) Councilor Phillips requested discussion on the report regarding the breakdown of staff hours dedicated to the concert. Virginia Egger, Town Manager, responded it was not broken down but the total is in the report. 7.2. RECOMMENDATION BY THE AD HOC SPECIAL EVENTS COMMITTEE REGARDING CONTINUATION OF THE COMMITTEE THROUGH JANUARY 31, 2019 (SPECIAL EVENTS PRODUCTION ASSISTANT LOUISE DUNCAN) 7.3. POLICE DEPARTMENT SIX-MONTH UPDATE (POLICE CHIEF GREG DALY) 7.4. TOWN OF AVON 2017 – 2019 STRATEGIC PLAN QUARTERLY PROGRESS UPDATE 8. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 10:11 p.m. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 14, 2017 AVON TOWN HALL, ONE LAKE STREET Page 6 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 ___________________________ TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Deputy Town Manager Date: December 12, 2017 Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for December 2017, which lists 1) the 2017 Audi Birds of Prey World Cup gift bags and VIP tickets that have been given to each member of the Town Council, and 2) the parking medallions, one each, which have been provided to the Mayor and Town Manager. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a report gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. 2017 Audi Birds of Prey World Cup Gift Bags and VIP Tickets – The eight (8) gift bags, provided by the Vail Valley Foundation for the 2017 Birds of Prey World Cup event, included a variety of items, including two (2) VIP tickets for each day of the three-day Birds of Prey World Cup event, for use by the Mayor and each Councilor, and a guest of theirs, on December 1, 2 and 3, 2017. The eighth gift bag was received by Town Manager Virginia Egger. Special Events Production Assistant Louise Duncan utilized the Town’s Manager’s two (2) VIP tickets. The Town also received an additional two pairs of VIP tickets for each day of the Birds of Prey World Cup event. Each pair was raffled off to members of the Town staff. The total value of each gift bag equals $1,725, with the bag valued at $375 and each VIP ticket at $675. 2. Beaver Creek Resort Company Parking Medallions – Mayor Jennie Fancher and Town Manager Virginia Egger received parking medallions from Beaver Creek Resort Company, allowing them to park for free for the year. The total value of each parking medallion is expected to exceed $50 as Beaver Creek Resort Company has indicated that it costs approximately $1,200 per year to lease one of their parking spots. Submitted to the Avon Town Council on December 12, 2017. _________________________________ Debbie Hoppe, Town Clerk FISCAL YEAR 2017 FINANCIAL REPORT December 12, 2017 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – September 2017 3. Accommodations Tax Report – September 2017 4. Real Estate Transfer Tax Report – October 2017 5. Recreation Center Admissions – October 2017 6. General Fund Year-To-Date Expenditures – October 2017 7. Fleet Maintenance Fund Year-To-Date Expenditures – October 2017 8. Transit Fund Year-To-Date Expenditures – October 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Martha Anderson, Senior Accountant Meeting Date: December 12, 2017 Re: Fiscal Year 2017 Financial Report ‐ October SUMMARY Revenues SALES TAX  Sales tax revenue for September totaled $690,884, a 3.43% increase over the previous year. Year‐ to‐date sales tax revenue is up 0.34% over the previous year, with a negative variance of $155,925 over the revised annual budget. ACCOMMODATIONS TAX  Accommodations tax revenue for September totaled $81,838, a 20.10% increase over the previous year. Year‐to‐date accommodations tax revenue is up 4.31% over the previous year, with a negative variance of $8,488 over the revised annual budget. REAL ESTATE TRANSFER TAX  Real estate transfer tax collections for October totaled $497,643, a decrease of 22.45% over the previous year. Year‐to‐date RETT collections are up 42.74% over the previous year, with a positive variance of $2,098,090 over the revised annual budget.  We have collected a total of $2,078,749 in real estate transfer tax from the Wyndham Vacation Resorts, Inc. since its opening, $61,390 in 2015, $639,420 in 2016, and $1,377,939 year‐to‐date in 2017. Wyndham’s year‐to‐date RETT collections are up 395% over the previous year, with a positive variance of $1,099,541. RECREATION CENTER ADMISSIONS  October’s admission fees total $59,234, a 14.28% increase over the previous year. Year‐to‐date admission fees are up 5.45% over the previous year, with a positive variance of $4,449 over the revised annual budget. Expenditures GENERAL FUND  General fund expenditures through October 2017 total 84.40% of the 2017 annual budget. These expenditures include the Town’s annual insurance premium, $277,449 toward signature event seed funding, $538,387 toward town produced events, $168,370 spent for community grants, as well as a large encumbrance for the Town Attorney. FLEET MAINTENANCE  Fleet expenditures for October are at 76.92% of the total budget. These costs include encumbrances for stock parts and ongoing expenditures such as regularly purchased shop supplies and equipment, maintenance services and gas. TRANSIT  Transit funds are 94.92% expended as of October compared to the 2017 budget. These expenditures include a $415,415 expenditure for the people mover diesel bus purchase, as well as $185,228 for the 2017 gondola operations. TOWN OF AVONSALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 812,836$ 792,562.03$ (20,273.74)$ 6.57%February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 827,960 798,923.33 (29,036.18) 3.12%March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 966,705 918,657.55 (48,047.68) -2.87%April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 445,897 425,727.85 (20,168.89) -2.85%May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 407,955 394,689.30 (13,266.01) -2.52%June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 661,725 650,794.65 (10,930.44) -6.18%July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 697,922 682,024.81 (15,897.14) -1.20%August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 649,424 618,515.44 (30,908.10) 4.23%September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 658,281 690,883.92 32,603.15 3.43%October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 483,881 - - -100.00%November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 481,098 - - -100.00%December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,327,331 - - -100.00% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,421,015$ 5,972,778.88$ (155,925.04)$ 0.34%Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,0002013 2014 2015 2016 2017YearSales Tax Collections for September TOWN OF AVONSALES TAX 2017 Actual vs. Budget $‐ $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,0002013 2014 2015 2016 2017YTD Sales Tax Comparison January - September $‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000Sales Tax Monthly Comparison 2015-2017 201520162017 TOWN OF AVONACCOMMODATIONS TAX 2017 Actual vs. Budget Budget YTD Collections Budget % change2012 2013 2014 2015 2016 2017 2017 Variance 2016January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 179,381$ 190,207.82$ 10,826.44$ 12.93%February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 204,609 194,804.88 (9,804.38) 5.09%March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 227,294 201,008.55 (26,285.29) -7.53%April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 47,377 38,340.02 (9,036.88) -37.06%May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 34,862 39,961.98 5,100.07 6.97%June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 82,415 83,723.31 1,308.23 13.77%July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 112,500 119,300.76 6,800.95 10.88%August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 97,623 100,628.23 3,005.41 14.78%September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 72,240 81,837.60 9,597.38 20.10%October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 46,782 - - -100.00%November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 42,025 - - -100.00%December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 220,163 - - -100.00% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,367,272$ 1,049,813.15$ (8,488.09)$ 4.31%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,0002013 2014 2015 2016 2017Accommodations Tax Collections for September Town of AvonReal Estate Transfer Tax 2017 Actual vs. BudgetBudget YTD Collections $ Change % of Change2012 2013 2014 2015 2016 2017 2017 2016 2016January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 107,390.00$ 42,968.00$ 66.70%February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 270,815.26 69,964.40 34.83%March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 254,737.53 (10,324.12) -3.89%April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 249,938.93 90,892.87 57.15%May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 377,490.82 192,503.72 104.06%June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 703,419.85 396,292.61 129.03%July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 219,208.74 (40,769.20) -15.68%August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 592,467.49 405,984.09 217.71%September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 426,213.80 104,256.12 32.38%October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 497,642.58 (144,046.01) -22.45%November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - - -100.00%December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - - -100.00% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 3,699,325.00$ 1,107,722.48$ 42.74%Budget 2,200,000.00 Variance, Favorable (Unfavorable) 1,499,325.00$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 $4,000,000.002013 2014 2015 2016 2017YTD Real Estate Transfer Tax Collections TOWN OF AVONRECREATION CENTER ADMISSION FEES 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674.20$ (2,517.48)$ 0.00%February 78,782 68,578 63,838 68,506 86,342 83,558 93,365.80 9,807.68 8.13%March 62,670 72,616 77,902 81,664 76,023 84,660 84,085.80 (574.67) 10.61%April 49,982 64,370 61,760 55,452 67,398 68,245 62,435.00 (5,809.61) -7.36%May 44,880 35,064 43,119 50,067 54,337 51,924 61,441.70 9,517.31 13.08%June 49,442 46,194 55,052 58,431 58,044 60,986 63,459.20 2,473.43 9.33%July 73,067 71,491 61,472 66,400 65,874 77,225 82,539.70 5,314.35 25.30%August 67,510 57,329 63,233 66,389 76,558 75,562 66,543.40 (9,019.03) -13.08%September 38,141 43,829 36,846 44,719 49,018 48,520 48,278.60 (241.21) -1.51%October 41,588 48,803 75,818 61,167 51,833 63,736 59,233.83 (4,501.80) 14.28%November 94,044 93,822 29,570 71,384 72,114 82,391 - - -100.00%December 72,059 69,258 77,672 112,201 169,093 114,201 - - -100.00% Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 696,057.23$ 4,448.98$ 5.45%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,0002013 2014 2015 2016 2017Recreation Center Admissions - October Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 218,786$ 135$ 187,816$ 30,835$ 85.91% 112 Boards and Commissions 18,192 - 10,945 7,247 60.16% 113 Town Attorney 132,000 51,705 78,322 1,973 98.51% 115 Town Clerk 124,455 2,703 88,022 33,730 72.90% 121 Municipal Court 137,287 8,537 92,373 36,378 73.50% 131 Town Manager 382,240 - 277,363 104,877 72.56% 133 Community Relations 187,372 14,572 150,300 22,500 87.99% Total General Government 1,200,332 77,652 885,140 237,540 80.21% Human Resources Department: 132 Human Resources 445,365 1,272 352,038 92,055 79.33% Finance & IT Department: 141 Finance 886,438 13,702 702,765 169,971 80.83% 143 Information Systems 400,647 21,507 316,230 62,910 84.30% 149 Nondepartmental 494,826 69,082 424,633 1,111 99.78% Total Finance & IT 1,781,911 104,290 1,443,629 233,992 86.87% Total General Gov't Departments 3,427,608 183,214 2,680,807 563,587 83.56% Community Development: 212 Planning 282,393 54,895 189,520 37,978 86.55% 213 Building Inspection 148,302 2,300 114,427 31,575 78.71% 214 Economic Development - - - - 0.00% 215 Town Produced Events 598,952 12,250 538,387 48,315 91.93% 216 Signature Event Seed Funding 296,217 30,172 277,449 (11,405) 103.85% 217 Community Grants 207,620 - 168,370 39,250 81.10% Total Community Development 1,533,484 99,617 1,288,153 145,714 90.50% Police Department: 311 Administration 685,087 15,143 541,023 128,921 81.18% 312 Patrol 2,352,398 29,940 2,062,507 259,952 88.95% 313 Investigations 267,052 - 222,564 44,488 83.34% Total Police 3,304,537 45,083 2,826,094 433,360 86.89% Public Works: 412 Engineering 245,969 355 192,210 53,404 78.29% 413 Roads and Bridges 2,259,519 41,134 1,853,899 364,486 83.87% 415 Parks 665,356 71,951 486,361 107,043 83.91% 418 Buildings & Facilities 1,218,952 70,493 861,772 286,687 76.48% Total Public Works 4,389,796 183,934 3,394,242 811,621 81.51% Recreation Department: 514 Administration 227,743 5,895 183,907 37,941 83.34% 515 Adult Programs 55,962 - 39,445 16,517 70.49% 516 Aquatics 533,684 2,474 454,716 76,494 85.67% 518 Fitness 150,645 95 129,902 20,648 86.29% 519 Guest Services 308,017 2,034 241,811 64,172 79.17% 521 Youth Programs 135,880 1,864 108,908 25,108 81.52% Total Recreation 1,411,931 12,362 1,158,689 240,880 82.94% TOTAL OPERATING EXPENDITURES 14,067,356$ 524,209$ 11,347,985$ 2,195,162 84.40% Department Expenditure Summaries General FundOctober 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,622,757$ 53,958$ 1,194,227$ 374,572$ 76.92% Total Operating Expenditures 1,622,757 53,958 1,194,227 374,572 76.92% TOTAL EXPENDITURES 1,622,757$ 53,958$ 1,194,227$ 374,572$ 76.92% Expenditure Summary Fleet Maintenance Enterprise Fund October 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 258,360$ 16,825$ 201,267$ 40,269$ 84.41% 432 Transit Operations 1,727,168 163,283 1,527,262 36,623 97.88% 436 Wash Bay 146,534 3,004 112,192 31,338 78.61% Total Operating Expenditures 2,132,062 183,112 1,840,721 108,230 94.92% TOTAL EXPENDITURES 2,132,062$ 183,112$ 1,840,721$ 108,230$ 94.92% Expenditure Summary Transit Enterprise Fund October 2017 Expenditures to Date