TC Packet 02-27-2018TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 27, 2018
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.
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OPTIONAL SITE TOUR
COLORADO WORLD RESORTS PARCEL
4:00 PM – 4:30 PM
MEET AT THE ASCENT CONDOMINIUMS PARKING LOT AT 38390 HIGHWAY 6
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 AND ROLL CALL
2.APPROVAL OF AGENDA
3.EXECUTIVE SESSION
3.1. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON C.R.S.
§24-6-402(2)(B) REGARDING THE COLORADO WORLD RESORTS REZONING AND PUD OVERLAY APPLICATION.
(40 MINUTES)
4.MEETING PROCEDURES FOR THE MEETING OF FEBRUARY 27, 2018
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
5.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)
6.ACTION ITEM
6.1. ACTION ON FINDINGS OF FACT AND RECORD OF DECISION FOR COLORADO WORLD RESORTS, LLC REZONING
AND PUD OVERLAY DENIAL (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES)
7.WORK SESSION
7.1. COLORADO WORLD RESORTS – REZONING FOR THE COLORADO WORLD RESORTS PROPERTY AND DISCUSSION
OF PUD OVERLAY CONSIDERATIONS (PLANNING DIRECTOR MATT PIELSTICKER) (120 MINUTES)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 27, 2018
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.
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8.ACTION ITEMS
8.1. FIRST READING OF ORDINANCE 18-02, AMENDING THE LIGHTING ORDINANCE TO EXTEND PERMITTED
DURATION OF SEASONAL HOLIDAY LIGHTING IN THE TOWN CORE & PLACING CURFEW ON RESIDENTIAL
PROPERTIES (PLANNING DIRECTOR MATT PIELSTICKER) (10 MINUTES)
8.2. CONSENT AGENDA (5 MINUTES)
8.2.1. APPROVAL AUTHORIZING THE MAYOR TO SIGN A COMMENT LETTER TO THE USFS REGARDING THE
BERLAIMONT ESTATES ROAD ENHANCEMENT PROJECT (PLANNING DIRECTOR MATT PIELSTICKER)
8.2.2. APPROVAL OF MINUTES FROM FEBRUARY 13, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
9.PRESENTATION
EAGLE COUNTY TRANSIT DEVELOPMENT PLAN (GEOFF SLATER & CHRIS LUBBERS) (45 MINUTES)
10.WRITTEN REPORTS
10.1. BOOTING REVIEW REPORT (POLICE CHIEF GREG DALY)
10.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON)
10.3. ABSTRACT FROM FEBRUARY 20, 2018 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
11.MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES)
12.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, FEBRUARY 27, 2018
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 HOTEL AND RESTAURANT LIQUOR LICENSE
4.1. APPLICANT NAME: SOUTHSIDE BENDERZ, LLC D/B/A SOUTHSIDE BENDERZ
LOCATION: 182 AVON ROAD SUITE 208
TYPE: HOTEL AND RESTAURANT LIQUOR LICENSE
MANAGER: NOAH BENDER
ACTION: RESOLUTION NO. 18-02
5. REPORT OF CHANGE – MODIFICATION OF PREMISES
5.1. APPLICANT: Y&Z, INC. D/B/A Nozawa Sushi & Kitchen
LOCATION: 240 Chapel Place, B115
MANAGER: Ashley Mueller
6. APPROVAL OF THE MINUTES FROM FEBRUARY 13, 2018 MEETING
(LIQUOR LICENSING AUTHORITY SECRETARY DEBBIE HOPPE)
7. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members
present were Amy Phillips, Matt Gennett, Scott Prince and Sarah Smith Hymes. Jake Wolf and Megan
Burch were absent. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Recreation
Director John Curutchet, Planning Director Matt Pielsticker, Fleet Director Rego Omergic, 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. RENEWAL OF LIQUOR LICENSES
Start time: 01:04 Part One
4.1. Applicant: Fiesta Jalisco Numbero Tres, LLC d/b/a Fiesta Jalisco
Location: 240 Chapel Place B-12
Type: Hotel and Restaurant License
Manager: Jose G. Rodriguez
The application was presented with no concerns. Board member Phillips moved to approve the
renewal application for Fiesta Jalisco Numbero Tres, LLC d/b/a Fiesta Jalisco. Board member Prince
seconded the motion and it passed unanimously by Board members present. Board member Wolf and
Board member Burch were was absent.
5. MINUTES FROM JANUARY 23, 2018
Start time: 01:50 Part One
Vice Chairwoman Smith Hymes moved to approve the minutes from the January 23, 2018, Liquor
Authority meeting. Board member Phillips seconded the motion and it passed with a vote of 4. Board
member Wolf and Board member Burch were absent. Board member Gennett abstained from the vote.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
6. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the
liquor meeting. The time was 5:02 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Secretary
APPROVED:
Jennie Fancher ______________________________________
Sarah Smith Hymes ______________________________________
Jake Wolf ______________________________________
Megan Burch ______________________________________
Matt Gennett ______________________________________
Scott Prince ______________________________________
Amy Phillips ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: February 27, 2018
Agenda Topic: ACTION ON FINDINGS OF FACT AND RECORD OF DECISIONS FOR COLORADO WORLD RESORTS, LLC
REZONING APPLICATION FROM PUD TO MC AND OLD ZONE DISTRICTS
ACTIONS BEFORE COUNCIL
At the February 17, 2018 meeting, the Avon Town Council voted to deny two (2) land use applications for the
Colorado World Resorts, LLC Property. As stipulated in Avon Development Code Section 7.16.020(f)(3),
Findings, the Council Avon Town Council shall adopt written findings which document land use decisions.
Before Council for final action with written findings is the rezoning application denial
PROPOSED MOTION
“I move to approve the Findings and of fact and Record of Decisions as drafted.”
AVAILABLE ACTIONS
• Approve Record of Decision as drafted.
• Approve Record of Decision with modifications.
• Motion to reconsider decision from February 13, 2018 meeting.
ATTACHMENTS
Findings of Fact and Record of Decision for Rezoning Application from PUD to MC and OLD Zone Districts
Colorado World Resorts, LLC Rezoning from PUD to MC & OLD Zone Districts
Findings of Fact and Record of Decision: #REZ18001
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
REZONING FROM PUD TO MIXED- USE COMMERCIAL ZONE DISTRICT, AND
THE OPEN SPACE, LANDSCAPING, AND DRAINAGE ZONE DISTRICT
DATE OF PUBLIC HEARING: February 13, 2018
DATE OF FINAL DECISION: February 27, 2018
APPLICATION TYPE: Rezoning
FILE NUMBER: #REZ18001
PROPERTY LOCATION: Colorado World Resorts | Highway 6
APPLICANT-
PROPERTY OWNER: Colorado World Resorts, LLC (represented by TAB
Associates, Inc.)
These findings of fact and record of decision for the Colorado World Resorts LLC (“Applicant”)
application (“Application”) is made in accordance with the Avon Development Code
(“Development Code”) §7.16.020(f):
REZONING DECISION: The Avon Town Council hereby denies the Application for the
Colorado World Resorts Property (“Property”), based upon the following Findings:
FINDINGS:
1. The Planning and Zoning Commission (“PZC”) held a public hearing on February 6, 2018,
after posting notice of such public hearing in accordance with the requirements of
§7.16.020(d), Step 4: Notice.
2. The Avon Town Council held a public hearing on February 13, 2018, and after posting notice
as required by law, considered all comments, testimony, evidence and PZC staff report
prior to taking action on the Application.
3. The Application fails to meet the Rezoning Review Criteria in Development Code
§7.16.050(c); specifically:
a. Mixed-Use Commercial zoning for the Property is not compatible with the Mixed-Use
District Purpose, (2) which states a purpose is to, “Concentrate higher-intensity
commercial and office employment growth efficiently in and around the Town Center
and other centers of community activity;” and therefore, is not in substantial compliance
with the purpose of the Development Code and fails to meet the review criteria in
Colorado World Resorts, LLC Rezoning from PUD to MC & OLD Zone Districts
Findings of Fact and Record of Decision: #REZ18001
§7.16.050(c)(1) and (7).
b. The proposed Mixed-Use Commercial zone district is not consistent with the Avon
Comprehensive Plan, Future Land Use Plan, which designates the lower portion of the
Property abutting Highway 6 as Residential - High Density, and is not consistent with
Policy B.2.1. “Attempt to meet the use and density guidelines on the Future Land Use
Map”; and therefore, fails to meet the review criteria in §7.16.050(c)(2).
c. The Application failed to provide sufficient information to determine if the rezoning is
not likely to result in adverse impacts upon the natural environment . . . [including]
wildlife . . . or [that] such impacts will be substantially mitigated” and therefore, fails to
meet the review criteria in §7.16.050(c)(8).
d. The proposed Mixed-Commercial zone district would generate increased employee
travel to and from the Property and the location of the Property is physically separated
from the Town Center; and therefore, the Application fails to meet the review criteria in
§7.16.050(c)(3), “Physical suitability of the land for the proposed development or
subdivision;”.
APPROVED on February 27, 2018, by the AVON TOWN COUNCIL
By:______________________________ Attest:_____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: February 27, 2018
Agenda Topic: ACTION ON FINDINGS OF FACT AND RECORD OF DECISION FOR COLORADO WORLD RESORTS, LLC
PUD OVERLAY DENIAL
ACTIONS BEFORE COUNCIL
At the February 17, 2018 meeting, the Avon Town Council voted to deny two (2) land use applications for the
Colorado World Resorts, LLC Property. As stipulated in Avon Development Code Section 7.16.020(f)(3),
Findings, the Council Avon Town Council shall adopt written findings which document land use decisions.
Before Council is the written findings for the PUD overlay zoning denial.
PROPOSED MOTION
“I move to approve the Findings and of fact and Record of Decision as drafted by staff, thereby denying the
PUD Overlay application.”
AVAILABLE ACTIONS
• Approve Record of Decision as drafted.
• Approve Record of Decision with modifications.
• Motion to reconsider decision from February 13, 2018 meeting.
ATTACHMENT
Findings of Fact and Record of Decision for Rezoning with PUD Overlay Zone District
Colorado World Resorts, LLC Preliminary PUD Overlay
Findings of Fact and Record of Decision: #PUD18001
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
REZONING WITH PRELIMINARY PUD OVERLAY ZONE DISTRICT
DATE OF PUBLIC HEARING: February 13, 2018
DATE OF DECISION: February 27, 2018
APPLICATION TYPE: Preliminary PUD Overlay
FILE NUMBER: #PUD18001
PROPERTY LOCATION: Colorado World Resorts | Highway 6
APPLICANT-
PROPERY OWNER: Colorado World Resorts, LLC (represented by TAB
Associates, Inc.)
These findings of fact and record of decision for the Colorado World Resorts, LLC
(“Applicant”) Preliminary Planned Unit Development application (“Application”) is made in
accordance with the Avon Development Code (“Development Code”) §7.16.020(f).
PRELIMINARY PUD: The Avon Town Council hereby denies the Application for the Colorado
World Resorts Property (“Property”) based upon the following findings:
FINDINGS:
1. The Planning and Zoning Commission (“PZC”) held a public hearing on February 6, 2018,
after posting notice of such public hearing in accordance with the requirements of
§7.16.020(d), Step 4: Notice.
2. The Avon Town Council held a public hearing on February 13, 2018, and after posting
notice as required by law, considered all comments, testimony, evidence and PZC staff
reports prior to taking action.
3. The Application provides sufficient information to determine that it fails to comply with Avon
Development Code §7.16.060(b) Eligibility Criteria, and (e)(4), Review Criteria; specifically:
a. The Application is not consistent with the Avon Comprehensive Plan, in particular:
i. The Applicant has not provided sufficient information to demonstrate that the
proposed development is consistent with Avon Comprehensive Plan, District 4:
U.S. Highway 6, Gateway Corridor, 1st Planning Principal, “Works with CDOT
to enhance the U.S. Highway 6 right-of-way to provide a sense of arrival and
departure for those traveling to and from Avon, and to strengthen Avon’s
overall community image and identity.” and 3rd Planning Principle, “Creates
strong pedestrian connections to the Riverfront and Town Center Districts.”
ii. The Application is not consistent with the Built Form Diagram which depicts
taller buildings in the Town Center West area and less tall buildings in other
areas, as stated in Policy A.1.4. “Encourage development that is consistent with
Colorado World Resorts, LLC Preliminary PUD Overlay
Findings of Fact and Record of Decision: #PUD18001
the overall Built Form according to the Built Form Diagram”.
iii. The Application is not consistent with Policy B.1.2. “Focus lodging and guest
accommodation in the Town Center.”
b. The proposed public trail and open space does not provide a compensating community
benefit to offset the increased building height impacts of the development, and therefore,
does not meet the PUD purpose stated in §7.16.060(a)(9) and does not meet eligibility
criteria in §7.16.060(b)(3) Consistent with PUD Intent. “The proposed development
shall be consistent with the intent and spirit of the PUD purpose statement in Subsection
7.16.060(a).”
c. The Application fails to provide adequate compensating benefits in the form of
improved connectivity and pedestrian access across Highway 6; and therefore, does not
meet the PUD purpose stated in §7.16.060(a)(9) and does not meet eligibility criteria in
§7.16.060(b)(3) Consistent with PUD Intent. “The proposed development shall be
consistent with the intent and spirit of the PUD purpose statement in Subsection
7.16.060(a).”
d. The Application fails to provide adequate compensating benefits in the form of
employee housing; and therefore, does not meet the PUD purpose stated in
§7.16.060(a)(9) and does not meet eligibility criteria in §7.16.060(b)(3) Consistent with
PUD Intent. “The proposed development shall be consistent with the intent and spirit
of the PUD purpose statement in Subsection 7.16.060(a).”
e. The Application did not include sufficient information to find that adequate roads
(specifically CDOT highway access permit approval), transportation and water
(specifically water rights and water service) will be available to serve the subject
property; and therefore, the Application not meet review criteria in §7.16.060(4)(iv).
f. The Application did not include sufficient information to find that the PUD rezoning is
“. . . not likely to result in significant adverse impacts upon the natural environment,
including . . . wildlife . . .” and therefore, the Application not meet review criteria in
§7.16.060(4)(v).
g. The concurrent application for rezoning the Property to Mixed-Commercial was denied;
therefore, the PUD application fails to have underlying zoning and does not meet the
minimum standards set forth in §7.16.060(c)(1) and (2) and does not meet the review
criteria in §7.16.060(e)(4)(v) and (vi) which require comparison to the underlying
zoning.
APPROVED on February 27, 2018, by the AVON TOWN COUNCIL
By:______________________________ Attest:_____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Colorado World Resorts – Work Session 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
Chairperson Hardy and Avon Planning and Zoning Commission
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: February 27, 2018
Agenda Topic: COLORADO WORLD RESORTS – REZONING FOR THE COLORADO WORLD RESORTS PROPERTY AND
DISCUSSION OF PUD OVERLAY CONSIDERATIONS
ACTIONS BEFORE COUNCIL
No action is scheduled. This is a work session to discuss rezoning of the property and PUD Overlay
considerations. Council members and Planning and Zoning Commission members, as individuals, have the
opportunity to request additional information, schedule another work session, indicate concerns and ideas
about the appropriate process, referral agencies, proposed uses, design aspects, public safety aspects,
potential public benefits and other aspects of the potential project. The purpose of the work session is to
help the applicant understand the concerns and desires of Council members and Planning and Zoning
Commission members so that the applicant can most efficiently prepare development applications.
SUMMARY
At the February 13, 2018 regular meeting two land use applications were denied, collectively referred to as
“Colorado World Resorts”. During the review of the applications it was suggested to conduct a work session
as a follow-up next step to discuss the rezoning of the property. Following the actions to deny, the applicant
also requested the opportunity to clarify points heard during the hearing and to further discuss process and
the vision for the project. The remainder of this report addresses relevant considerations from the Avon
Comprehensive Plan and the Development Code.
UNDERLYING ZONING
Before entertaining a PUD overlay, the property should obtain new underlying zoning in place of the deficient
PUD designation which holds no specific rights. To help guide the discussion, relevant information from the
Avon Comprehensive Plan is provided herein. The Future Land Use Plan (“FLUM”) establishes a preferred
development pattern with general land use categories. While the FLUM and its land use designations are
illustrative and do not represent zoning designations, it provides general guidance (e.g. strictly residential vs.
mixed-use vs. commercial) and is material to the discussion.
According to the FLUM, last updated May 2017, the land parallel to and adjacent with highway 6 is called out
as “Residential – High Density”. Acknowledging the steepness of the upper portions of the lot, the
remainder of the property is “Open Space”. If the Town favors any land use other than strictly residential,
the FLUM must be updated. The Development Code requires the update of the FLUM in cases of non-
conformity as a prerequisite to a rezoning or PUD request. Within the Planning and Zoning Commission’s
recommended conditions of approval, submittal of a Comprehensive Plan amendment application to update
the FLUM with a “Mixed Use” was recommended, prior to or at the time of a Final PUD. The Council and
Commission should provide direction on whether that might occur in advance of any further application or in
conjunction with a rezoning application, as has been done on other projects in recent years.
Colorado World Resorts – Work Session 2
UNDERLYING ZONE DISTRICTS
If the developable portions of the property were rezoned to the Residential High Density (“RH”) zone district,
in accordance with the current FLUM designation, a condominium (or apartment) project could be developed
at a density of 20 dwelling units per acre. The proposal for a project with hotel, condominiums, restaurant,
and retail can only be entertained in two of the currently codified zone districts: Town Center (“TC”) and
Mixed-Use Commercial (“MC”). The intent statements, standards, and allowed land uses are outlined below
for all three zone districts:
RH
The RH district is intended to provide for high density, multi-family residential uses including townhomes and
multifamily structures. This district should be in close proximity to the town center or an arterial road. This
district implements the residential high density classification of the Avon Future Land Use Plan. It may also be
located in the mixed-use classification where surrounding properties will provide a complementary mix of uses.
RH allowed land uses: Townhome, Multi-Family, Community Centers, Schools, Community Gardens.
Colorado World Resorts – Work Session 3
MC
The MC district is established to group and link places used for working, shopping, educating, and recreating
with residential uses thereby creating a compact community form. This district allows commercial, office, civic,
townhouse, and apartment uses, and along with Neighborhood Commercial is the preferred district and
development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion,
and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of
the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district.
MC allowed land uses: Townhome, Multi-Family, Timeshare, fractional ownership, Hotels, art galleries,
community centers, educational facilities, bakeries, restaurants, health care, offices, recreational, personal
services, retail, financial services, and recycling facilities.
TC
The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments,
offices and some residential uses in a predominately pedestrian environment. The Town Center should be
distinguished from other areas in the Town and serve as the focal point for social, business, and cultural
activities. This district contains the highest intensity of uses and should serve as the major transit destination
as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification
of the Avon Future Land Use Plan.
Colorado World Resorts – Work Session 4
TC allowed land uses: In addition to most of the uses permitted in MC, includes government services.
PUD ZONING BACKGROUND
The Planned Unit Development designation was allowed, and used extensively before the adoption of Title
7 Development Code in 2010. A substantial concern and focus of the 2010 Development Code was to
minimize the use of "open-ended" PUDs where there was little guidance as to desired uses, desired public
benefits, and willingness to approve variations to design and development standards. The 2010
Development Code requires the adoption of "underlying zoning" for any new PUD, which is the reason for
calling the PUD zone district a "PUD Overlay".
The PUD zone district now overlays an underlying regular zone district. There are existing built PUDs which
will continue under their original PUD approvals (e.g. Chapel Square) and there are partially built or not build
PUDs with vested property rights that continue as PUDs as originally approved (e.g. Riverfront and Village
(at Avon)). The Colorado World Resorts property is a rare remaining example of a former PUD, with no PUD
Master Plan and no vested property rights, which is required to apply underlying zoning as a condition to a
PUD Overlay application.
BUILT FORM
Building height goes part in parcel to zone district discussions since zone district height allowances vary
significantly. The Avon Comprehensive Plan’s Built Form Diagram provides some guidance to building height
and bulk of structures in an East West cross section through the valley floor, as well as a north/south plane
from the Eagle River to Interstate. The diagram is provided here to show that direct guidance is limited in
areas north of the Interstate or South of the Eagle River. Building heights or other standards that exceed
zone district standards should then only be evaluated based upon PUD criteria if there is a proposal for
variation.
Colorado World Resorts – Work Session 5
GATEWAY DISTRICT
The Property is located within District 4: U.S. Highway 6 Gateway District. The area includes all the Highway
6 frontage from the subject property to West Beaver Creek Boulevard, and is focused on the day skier
parking lots of Beaver Creek. The plan acknowledges that most of the parcels are outside of Avon’s
municipal boundaries. The planning principles for this district include the following:
• Work with CDOT to enhance the U.S. Highway 6 right-of-way to provide a sense of arrival and departure
for those traveling to and from Avon, and to strengthen Avon’s overall community image and identity.
– APPLICABLE
During the public hearing it was suggested to work with CDOT as a referral and/or to address safety
concerns. The planning principle above suggests working with CDOT to improve aesthetics within
the roadway corridor to heighten the image of the area and differentiate Avon when entering Town
from the east. Direction should be provided whether a referral to CDOT would be for aesthetic
“gateway” improvements, safety improvements, and/or access control improvements that would
be required.
• Screens ski area parking and other accessory uses. – NOT APPLICABLE
• Creates strong pedestrian connections to the Riverfront and Town Center Districts. – APPLICABLE
Further discussion and direction on the pedestrian connectivity of the parcel is recommended.
• Minimizes cut areas and preserve areas of steep slopes. Buildings should be built into the hillside and
stepped up with rising topography to reduce their dominance above U.S. Highway 6. – APPLICABLE
The building form presented showed a building preserving the upper steep slopes, but impeding
the lower portions with retaining walls. Additionally, the building provided one step back above
the garage level and further discussion on this inferred building form should be discussed.
• Shares property access when appropriate. – APPLICABLE
The property shares access with the Ascent for emergency access
• Preserves access to the Eagle River. – NOT APPLICABLE
TOWN COUNCIL REPORT
To:Mayor and Town Council
From: David McWilliams, Town Planner
Matt Pielsticker, Planning Director
Meeting Date: February 27, 2018
Agenda Topic: First Reading of Ordinance 18‐02, Approving changes to the Outdoor Lighting Standards
ACTION BEFORE COUNCIL
Before Council is action on First Reading of Ordinance 18‐02, approving changes to the Outdoor Lighting
Standards.
RECOMMENDED MOTION
“I move to approve first reading of Ordinance 18‐02, thereby approving changes to the Outdoor Lighting
Ordinance.”
SUMMARY
Staff was directed by Town Council to conduct an application process to modify the Avon Municipal
Code (AMC) to extend the duration of the holiday lights “season” currently codified. At the February
13, 2018 meeting, Ordinance 18‐02 was continued so that a longer season and curfew for such lighting
could be included. Staff separated lights in the Town Core from those in all other areas to allow for a
longer season, adding to the festive nature of the walkable area of town. Also, staff codified the
limitation of overnight lights.
Holiday lights, defined as “Temporary festive lighting intended to celebrate the winter season and the
Thanksgiving, Christmas and New Year's holidays”, are exempted from the Outdoor Lighting Standards,
however, they are required to be removed by March 1st. Staff is therefore proposing the following Text
Amendment to AMC Section 15.30.040(3)(a), with the changes highlighted in red:
(3) All lighting (including, but not limited to street, parking lot, security, walkway and
building) shall conform with the definition for full cut‐off fixtures with the light source
downcast and fully shielded, with the following exceptions:
a.For the Town Core, holiday lighting from November 15th to March 1st the
closing date of Beaver Creek ski resort. For all other areas, holiday lighting from
November 15th to March 1. No holiday lights shall be illuminated between the hours
of midnight and 6:00 am.
The Town Core is defined as “the central commercial core area of Town, including the areas zoned Town
Center (TC) and the adjacent parcels zoned Mixed‐Use Commercial (MC), Neighborhood Commercial
(NC), Shopping Center (SC), and PUD, but not including parcels which are zoned for only residential
use”.
TOWN CORE
AVAILABLE ACTIONS
1.Continue the First Reading of Ordinance 18‐02, pending additional information.
2.Approve First Reading of Ordinance 18‐02, and set the Public Hearing and Second Reading of
Ordinance 18‐02 for March 13, 2018.
3.Approve Findings of Fact and Record of Decision recommending that the Town Council Deny
the amendments.
ATTACHMENT
Ordinance 18‐02
TOWN OF AVON
ORDINANCE 18-02
APPROVING CHANGES TO THE OUTDOOR LIGHTING STANDARDS
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, pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council
has the power to adopt lighting regulations, and 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; and
WHEREAS, the Town Council finds that the modification of the Outdoor Lighting Standards will
promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply 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. Amendment to Chapter 15. 30.040(3)(a) Outdoor Lighting Standards. Section
15.30.040(3)(a) of the Avon Municipal Code is amended to read as follows, with strike out indicating
language to be deleted and underline indicating language to be adopted:
a.For the Town Core, holiday lighting from November 15th to March 1st the closing date of
Beaver Creek ski resort. For all other areas, holiday lighting from November 15th to March 1. No holiday lights shall be illuminated between the hours of midnight and 6:00 am.
Section 3. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary
to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted
regulations, provided that such correction shall not substantively change any provision of the regulations
adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors.
ATTACHMENT
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.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 27, 2018 and setting such public hearing for March 13, 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 March 13, 2018.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________ Eric J. Heil, Town Attorney
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Virginia Egger, Town Manager
Meeting Date: February 27, 2018
Topic: APPROVAL AUTHORIZING THE MAYOR TO SIGN A COMMENT LETTER TO THE USFS REGARDING
THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR BERLAIMONT ESTATES ACCESS
PROJECT
ACTION BEFORE COUNCIL:
Action, on the Consent Agenda, is authorization for Mayor Jennie Fancher to sign the attached
comment letter (Attachment 1). Council may remove the action from the Consent Agenda for
discussion to make changes to the letter or to not act on a comment letter.
SUMMARY:
The USFS has issued a Draft Environmental Impact Statement for the Berlaimont Estates Access
Project (DEIS/Berlaimont). The deadline for comment is March 12, 2018.
The proposal is to grant an easement to Berlaimont Estates LLC to improve and maintain
National Forest System Roads in support of the desired development of the property - a 680-
acre private inholding entirely surrounded by National Forest lands. Currently, the property
may be accessed by existing National Forest System Roads (FSR) 774 and 780. The Proposed
Action would authorize Berlaimont to improve those existing segments of FSR 774 and 780
as they lead up to the southeastern corner of the Berlaimont property from local public roads
in Edwards. [USFS Announcement: Release Date: January 26, 2018]
FSR 774 is year-round access for motorized vehicles, including snowmobiles.
• Improvements in the DEIS/Berlaimont pave FSR 774 to its intersection with western-bound
FSR 780; and, construct an adjacent dirt/gravel 2-foot wide path for bikers and hikers.
• The existing southern parking lot on FSR 774 will remain, but a new northern parking lot will
be constructed along FSR 774, described as near the Moonridge neighborhood. It is shown
in Attachment 1 of the comment letter. The new lot will be large enough for several cars and
off-road motorized vehicles, including snowmobile trailers. It would be maintained by the
HOA.
Closure of FSR 779 to Year-Round Motorized Vehicles: In 2011, the USFS closed winter motorized
access on FSR 779, which has its entrance off Metcalf Creek Road, in Avon. After the Town’s appeal
was granted and years of negotiation, the Town and the USFS signed a Memorandum of
Understanding, dated July 21, 2014, to review the decision under the NEPA, with certain other
considerations listed in the MOU. Since that time, the Town has requested the review to be
commenced and completed, but with no response from the USFS.
The DEIS/Berlaimont, now out for public comment, is of interest to Avon because while no decision
has been made on FSR 779, the USFS continually has indicated it will only allow one winter access
point for motorized vehicles into the winter wildlife habitat between the two roads – either
continuation of FSR 774 or re-opening FSR 779. The purpose of the MOU review, under NEPA, is to
conduct the winter wildlife habitat studies to determine what access should be allowed, including
having two access roads. If the investment of the Berlaimont new northern parking lot is made,
absent a decision on FSR 779, the opportunity for a parking lot, as proposed in the MOU, may be
made difficult if not realistic.
STAFF RECOMMENDATION:
As a result, town staff is recommending the new northern parking lot be delayed or not approved
until the MOU review is completed. In addition, as staff reviewed the access, we identified the potential
for a new parking area accessed from FSR 717.1B on the west side of Wildridge. It could result in several
less miles of forest road leading to June Creek Road, minimized impacts to wildlife, and a better overall
winter recreation experience for all ability levels. We are recommending this site be included in the MOU
review.
Town of Avon Correspondence/Discussions with the USFS on FSR 779
Attachment 2, of the comment letter, provides all correspondence with the USFS on the MOU
review. In preparation for providing Town Council a recommended letter on the DEIS/Berlaimont,
staff met with White River National Forest District Ranger Aaron Mayville, last Friday. From that
meeting new information regarding the MOU review process was presented from Mr. Mayville.
Specifically:
• The White River National Forest now requires the proponent of an action to pay for the NEPA
process. The NEPA review category has not been determined. The proponent would be the
Town of Avon.
• The Town is expected to design the realignment of Metcalf Creek Road prior to
commencement of the NEPA process.
• It should be possible for the MOU review to be included in the 2019 USFS work program and
budget, if these matters are finalized in the next couple of months.
Design of the road prior to the NEPA and/or payment of the NEPA process have never been
requested. Included in the comment letter is a request to meet with the USFS, in a timely manner for
the 2019 work program and budget.
[Note: The Town has budgeted road realignment design in 2020 ($25,000) and construction in 2021
($235,000).
ATTACHMENT:
Comment Letter: DEIS/Berlaimont
ATTACHMENT
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
February 27, 2018
Berlaimont Estates Road Access Project Draft EIS
Scott Fitzwilliams, Forest Supervisor
c/o Matt Klein, Project Leader
24747 US Hwy 24 - PO Box 190
Minturn, CO 81645
RE: DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR BERLAIMONT ESTATES ACCESS PROJECT
Dear Mr. Fitzwilliams and Mr. Klein,
On behalf of the Town of Avon, I appreciate the opportunity to comment on the Draft Environmental Impact
Statement for the Berlaimont Estates Access Project, and specifically regarding Berlaimont’s proposal to
construct a new parking lot on FSR 774, known locally as the Berry Creek Road. The new parking lot is shown
in Attachment 1.
While the Town supports a parking lot at this higher elevation, which can serve motorized vehicles year-
round, the Town asks that the parking lot be delayed or not approved until the NEPA review is completed for
FSR 779. Our request is founded on the following information.
As your office is aware, the Town of Avon, after FSR 779 was closed to winter use by motorized vehicles,
reached agreement with the USFS, through a Memorandum of Understanding, dated July 21, 2014, to review
the decision. Even though the Town has continuously requested the MOU be implemented, the review has
still not been scheduled or funded. Attachment 2 provides the correspondence on the requests.
The Town is concerned if the Berlaimont FSR 774 parking lot is approved and constructed, an open and
comprehensive review of FSR 779, for winter motorized access, may be precluded prior to a NEPA review.
The White River National Forest District Office has made the Town aware that a winter wildlife study needs
to be completed to correctly determined whether one or both access roads may be used in the winter,
including additional off-street parking.
We respectfully ask that the NEPA review for FSR 779 be scheduled as part of the White River National Forest
2019 work program. In addition, we recommend, to assure that all options have been exhausted for winter
motorized access, concurrent review of the potential for a new parking area accessed from FSR 717.1B on the
west side of Wildridge. Parking lot development at this site could result in several less miles of forest road
leading to June Creek Road, minimized impacts to wildlife, and a better overall winter recreation experience
for all ability levels. The Town is prepared to work expeditiously with you to address this important matter.
Sincerely,
Mayor Jennie Fancher
Town of Avon
Attachment 1: FSR 774 New Parking Lot
Attachment 2: Summary of Town Correspondence
cc: Avon Town Council
ID
ID
ID
IA
IA
ID
FSR 774FSR 780
Berlaimont Estates'Private Property
FSR 7
7
8
FSR 780 FSR 783FSR 774NFS
Private
NFS
Private
[
Existing
Roads
Multi-Use Trail
Berlaimont Estates' Private Property
NFS Boundary
Proposed
All Alternatives
Alternative 2
Alternative 3
Alternative 4
Recreation Mitigation Trail
Platted Berlaimont Property Road
IA North Parking Lot
IA South Parking Lot
ID Residential Access Gate Alternative 2
ID Residential Access Gate Alternative 3
ID Residential Access Gate Alternative 4
ID Winter Access Gate
Date: January 2018Prepared by:0 0.25 0.5Miles E d w a r d sE d w a r d s
Berlaimont Estates
Access Route EIS
Figure 2: Action Alternatives (2–4)
§¨¦70
ATTACHMENT 1
New parking lot
From: Matt Pielsticker
Sent: Monday, October 16, 2017 9:51 AM
To: Mayville, Aaron W -FS <awmayville@fs.fed.us>
Cc: Virginia Egger <vegger@avon.org>
Subject: RE: USFS 779
Aaron
From our last conversation it became clear that 779 would not be included in the Berlaimont project
study. There are no updates on the USFS Berlaimont webpage; understanding that it is moving forward
independently, could you give us any sense on where 779 is placed in your queue? Did you meet with
your supervisor to go over where 779 stands in your master work list?
Thanks
Matt
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.avon.org
From: Matt Pielsticker
Sent: Tuesday, May 09, 2017 10:32 AM
To: Mayville, Aaron W -FS
Cc: Avon Council Web; Virginia Egger; 'lancetrujillo24@gmail.com'
Subject: USFS 779
Aaron,
Please find the attached letter and correspondence requesting action and updates on USFS 779.
Thank you,
Matt
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.avon.org
ATTACHMENT 2
SUMMARY OF TOWN CORRESPONDENCE
Post Office Box 975
One Lake Street Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
DISTRIBUTION VIA EMAIL
May 9, 2017
Aaron Mayville, District Ranger
United States Forest Service
White River National Forest, Eagle-Holy Cross Ranger District
24747 US Hwy 24, PO Box 190
Minturn, CO 81645
awmayville@fs.fed.us
Dear Aaron,
Thank you for speaking recently on the telephone and providing an update regarding the Berlaimont
project. It is my understanding that Berlaimont is in the heart of the National Environmental Policy
(NEPA) process, and alternative development (access) options are currently being created for
further evaluation this summer. Additionally, a draft analysis is expected this fall to assess the
alternative access options.
Independent of the Berlaimont study, the Town respectfully requests that review by the USFS of year-
round vehicle access and road improvements on Metcalf Creek Road (USFR 779) be commenced.
This letter follows a November 7, 2016 comment letter provided by the Town and attached hereto.
The Town requests year-round access for all vehicles, bicycles, horse and foot traffic be provided for
USFR 779, except during any appropriate US Forest Service closure. The Town also remains committed
to retaining the June Creek access in the winter as the reinstatement of USFR 779.
This request includes a review of year-round vehicle access and road improvements on USFR 779 and
emanates from our Memorandum of Understanding, dated July 1, 2014, which is also attached
The Town appreciates your timely consideration of this proposal and honoring of the Memorandum
of Understanding. It is the Town’s desire to move forward with analysis and budgeting of any
potential upgrades to USFR 779 as contemplated in the Memorandum of Understanding.
Please include me as the Town’s primary contact for the Berlaimont project and the USFR 779 study.
With Appreciation,
Matt Pielsticker, AICP
Town of Avon Planning Director
Attachments: November 7, 2016 Comment Letter
July 1, 2014 Memorandum of Understanding
CC: Avon Town Council
Town Manager Virginia Egger
Lance Trujillo, Holy Cross Powderhounds
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
November 7, 2016
Scott Fitzwilliams, Forest Supervisor
c/o Matt Klein, Realty Specialist
White River National Forest
24747 US Hwy 24,
PO Box 190
Minturn, CO 81645
RE: COMMENT PERIOD FOR BERLAIMONT ESTATES ROAD ENHANCEMENT PROJECT
Dear Mr. Fitzwilliams and Mr. Klein,
On behalf of the Town of Avon, I appreciate the opportunity to comment on the Berlaimont Estates
Road Enhancement Projects, and specifically in regards to Berlaimont’s proposal to improve a segment
of the existing NFSR 774, known locally as the Berry Creek Road. On August 6th, the Town Council sent
the attached letter to the United States Forest Service, requesting the Forest Service begin its review of
“year-round vehicle access and road improvements on Metcalf Creek Road” (USFR 779), which
emanated from the Memorandum of Understanding, dated July 1, 2014, enclosed with the letter.
The Town of Avon is aware that today the only permitted year-round snowmobile access available, in a
reasonable distance, is via NFSR 774. Respectfully, the Town asks that during the Berlaimont Road
Enhancement review and preparation of alternatives, comprehensive consideration be given by the
USFS to Town’s letter of August 6th, to the needs of snowmobile access and trail connections.
Finally, the Avon public has a strong interest in trail development and retention. I believe extending the
review period would allow needed time for Town Council meeting notice and outreach to our residents
regarding the Berlaimont project, and, as such, I request an extension be considered by the USFS.
The Town is prepared to work expeditiously with all parties to address this important matter.
Sincerely,
Mayor Jennie Fancher
Town of Avon
Attachment: August 7th Letter
cc: Avon Town Council
ATTACHMENT
ATTACHMENT 1
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Council members
present were Sarah Smith Hymes, Scott Prince, Matt Gennett and Amy Phillips. Jake Wolf and Megan
Burch were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police
Chief Greg Daly, Recreation Director John Curutchet, Fleet Director Rego Omerigic, Planning Director
Matt Pielsticker, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher requested the addition of a discussion regarding the deviated skier shuttle service. She
suggested it be added near the end of the agenda, before Mayor & Council comments. Councilor
Gennett moved to approve the agenda, as amended. Councilor Phillips seconded the motion and it
passed unanimously by Council members present. Councilor Wolf and Councilor Burch were absent.
3. MEETING PROCEDURES FOR THE MEETING OF FEBRUARY 13, 2018
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA*
Tamra Underwood requested specific information be addressed with items 5.1. and 5.2. More
specifically, she asked that as the discussion is opened, staff address the change to the
development code wherein PUD zoning was eliminated and PUD overlay was invented, the
ramifications to existing PUDs and the ramifications to new PUD’s. She asked at what point in the
new PUD overlay process does the Town and the developer negotiate their development
agreement.
Councilor Burch arrived at 5:12 p.m.
5. ACTION ITEMS
Start time: 09:04 First Part
5.1. FIRST READING OF ORDINANCE 18-01, APPROVING A REZONING OF THE FOLSON PROPERTY, FROM PLANNED
UNIT DEVELOPMENT TO THE MIXED-COMMERCIAL AND OPEN SPACE, LANDSCAPING, AND DRAINAGE ZONE
DISTRICTS (PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Wolf arrived at 6:35 p.m.
Mayor Fancher opened the discussion for comments. Tamra Underwood requested that the noon
deadline for public comments be removed. Tamra opposed the Colorado World Resort application
for the Hwy 6 property known as the Folson property. She said she has concerns with a hotel of this
size and mixed-use commercial along with 25 condos being on the far side of Hwy 6.
Betty Todd commented on the height of the building and the visual impact it would have. She also
mentioned the parking reduction.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 2
Planning and Zoning Commissioners Bill Glaner and Steve Nusbaum briefly discussed the concerns
the Planning & Zoning Commission had.
Councilor Gennett reiterated that his questions and concerns regarding the application were strictly
procedural and he is not biased in any way.
Councilor Gennett moved to deny Ordinance 18-01, thereby approving a Rezoning Application for the
Folson Property from PUD to the MC and OLD zone districts with the finding that it does not meet
the intent or purpose of the mixed use commercial zone district. Councilor Prince seconded the
motion and it passed with a vote of 6. Councilor Wolf abstained from the vote due to his late arrival
to the discussion.
5.2. PUBLIC HEARING FOR PRELIMINARY PUD APPLICATION, COLORADO WORLD RESORTS, FOLSON PROPERTY
(PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Phillips moved to deny the #PUD18001 an application for a preliminary PUD, together
with the findings and conditions that it does not materially meet the comprehensive plan goals
and review criteria. Councilor Prince seconded the motion and it passed with a vote of 6. Councilor
Wolf abstained from the vote due to his late arrival to the discussion.
6. PRESENTATIONS
Start time: 00:03 Part Two
6.1. VAIL CENTRE PRESENTATION: CREATING COMPELLING COMMUNITY IDENTITY
(ROSS IVERSON, CEO THE VAIL CENTRE)
Ross Iverson, Executive Director of Vail Centre, along with his team of presenters, presented a
vision for a potential learning, education and cultural center in Avon.
Michael Cacioppo addressed the following concerns:
• Why not locate in Vail if you are called the Vail Centre? Would the name be changed to
the Avon Centre?
• Are you looking for Avon tax payers to provide a home for you?
• Do we need more people here?
• Do we need more traffic?
• Do we need more taxpayer-funded employee housing?
7. ACTION ITEMS
Start time: 72:10 Part Two
7.1. DIRECTION TO TOWN STAFF REGARDING PREPARING A RESOLUTION FOR REBATING CERTAIN FEES FOR
WALKING MOUNTAINS SCIENCE CENTER IMPROVEMENTS (DEPUTY TOWN MANAGER PRESTON NEILL)
Michael Cacioppo commented on the very high salaries some of the non-profit organizations
are receiving. He said the idea of the Town giving away thousands of dollars means less money
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 3
for the stage and new building. He asked what the Town will say to the other non-profit
organizations that come in asking for almost $80,000 in waived fees?
Council Phillips made a motion to have Town Attorney Eric Heil do research regarding
precedents and to receive input from Town Planner Matt Pielsticker regarding actual time
spent, costs by staff and any third-party fees, then draft a resolution. Council agreed.
Councilor Wolf left the meeting at 8:39 p.m.
7.2. ACTION ON EAGLE COUNTY CLIMATE ACTION PLAN COLLABORATIVE MEMBERSHIP FEE REQUEST
(DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 97:03 Part Two
John Gitchell, Eagle County Sustainability Coordinator, was present to answer any questions.
Councilor Gennett moved to appropriate funding in the amount $14,034.00, for the CAC to: 1) Hire a
Project Manager; 2) Deliver an education campaign to the business and residential community to
reduce emissions; and, 3) Provide to Avon a research paper on steps and options for Avon to reach
the Town Council adopted goal of “becoming a municipality which runs 100% on Renewable Power
by 2030. In addition, Councilor Gennett moved to appropriate an additional $6,000.00, as a
Leadership Funding Challenge, as an approach to raise matching funds from other communities.
Monies raised would be exclusively used for increasing the compensation package for the Project
Manager. All monies appropriated will be from the 2018 General Fund Contingency line item; and, will
be released when an entity has been identified, which meets financial budgeting and reporting
accountability. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by
those present. Councilor Wolf was absent.
7.3. FIRST READING OF ORDINANCE 18-02, AMENDING THE OUTDOOR LIGHTING ORDINANCE TO EXTEND
PERMITTED DURATION OF SEASONAL HOLIDAY LIGHTING (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 101:22 Part Two
Council gave staff direction to amend the Ordinance by extending the duration of holiday
lighting to coincide with the closing of Beaver Creek Resort. Also, direction was provided to
amend the Ordinance to include a curfew for holiday lighting.
7.4. CONSENT AGENDA
Start time: 110:16 Part Two
7.4.1. APPROVAL FOR MAYOR JENNIE FANCHER TO SIGN THE LETTER URGING CONGRESS TO NOT MOVE
FORWARD WITH THE DESTRUCTIVE ONSHORE AND SECURE ACTS
(MAYOR PRO TEM SARAH SMITH HYMES)
7.4.2. APPROVAL OF MINUTES FROM JANUARY 23, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 4
Mayor Pro Tem Smith Hymes moved to approve the consent agenda. Councilor Gennett
seconded the motion and it passed unanimously by those present. Councilor Wolf was
absent.
8. PRESENTATIONS
Start time: 110:49 Part Two
7.2. PROCLAMATION CELEBRATING AVON’S 40TH ANNIVERSARY (MAYOR JENNIE FANCHER)
Mayor Fancher read the Proclamation Celebrating Avon’s 40th Anniversary.
Councilor Gennett left the meeting at 8:30 p.m.
7.3. RECREATION DEPARTMENT & RECREATION/PARKS WORK GROUP (RECREATION DIRECTOR JOHN CURUTCHET)
Start time: 112:32 Part Two
Recreation Director John Curutchet delivered a presentation recapping the operations of the
Recreation Department during Fiscal Year 2017. Staff members Jamie Taylor, Meghan Hershey
and Michael Labagh were present during the presentation.
Start time 144:36 Part Two
TRANSPORTATION UPDATE
Transportation Director Eva Wilson addressed a specific email received from a user that did not
enjoy the experience of the deviated skier shuttle loop.
9. WRITTEN REPORTS
9.2. ABSTRACT FROM FEBRUARY 6, 2018 PZC MEETING (PLANNING DIRECTOR MATT PIELSTICKER)
9.3. UPPER EAGLE RIVER WATER AUTHORITY JANUARY 25, 2018, BOARD MEETING SUMMARY
(MAYOR PRO TEM SARAH SMITH HYMES)
10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 161:25 Part Two
Councilor Phillips mentioned that Councilor Gennett and herself are working on expanding the
Town of Avon stakeholder assessment.
Mayor Fancher said the Vail Valley Art Guild’s First Friday events have been very successful.
Councilor Burch extended a challenge to her fellow Council members to sponsor the Avon Police
Department in the Polar Plunge on February 24th.
11. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. The time was 9:50 p.m.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 13, 2018
AVON TOWN HALL, ONE LAKE STREET
Page 5
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 Jennie Fancher and Avon Town Council
From: Eva Wilson, Mobility Director
Date: February 27, 2018
Topic: EAGLE COUNTY TRANSIT DEVELOPMENT PLAN: RECOMMENDATIONS
ACTION BEFORE COUNCIL:
No action is required. The work session is seeking your input and discussion only.
PRESENTATION:
Chris Lubbers, Director of Transit and Fleet Services for Eagle County, and Geoff Slater and Gretchen
Johnson from Nelson\Nygaard, and Cady Dawson from FHU Engineering will attend Tuesday’s meeting
to provide recommendations from Eagle County’s Transit Development Plan Project. Anticipated
presentation items include:
•Project overview
•Recommendations
•Other desirable improvements
•Next Steps
•Questions, Discussion and Input
ATTACHMENTS:
1.Eagle Co. Transit Development Plan Update
2.Presentation Slideshow
Eagle County Transit Development Plan Update
Draft Recommendations
ATTACHEMT 1
Presentation
•Study overview
•Recommendations
•Other desirable improvements
2
Study Scope and Timeline
3
PRODUCE
FINAL PLANDEVELOP
RECOMMENDATONS
EVALUATE
POTENTIAL
IMPROVEMENTS
Fall 2017 Early Winter 2017 Winter 2018 Winter/Spring 2017-18thru Summer 2017 Summer 2017
IDENTIFY
GAPS BETWEEN
NEEDS AND
EXISTING SERVICES
IDENTIFY
POTENTIAL
IMPROVEMENTS
STAKEHOLDER AND COMMUNITY ENGAGEMENT
CONDUCT MARKET
ANALYSIS AND EVALUATE
EXISTING SERVICES
PROJECT TIMELINE
201820172016
654321
thru Summer 2017 Summer 2017 Fall 2017 Early Winter 2017 Winter 2018 Winter/Spring 2018
$
10 min
20 min 30 min
B
B
Summary of Recommendations
Simplify Existing Services
Improve Existing Services
Improve Information
Make Fare Payment Easier
Improve Coordination/Collaboration
4
Simplify Service
•Split Highway 6 and Valley routes into local and express versions
•Reduce/eliminate variant services
•Number and rename routes
5
Valley (regular)1 Dotsero/Gypsum –Vail via I-70
Valley (express)2X Gypsum/Eagle –Vail Express
Highway 6 (regular)6 Edwards –Vail via Highway 6
Highway 6 (express)6X Edwards –Vail Express
Minturn 3 Minturn –Vail
Leadville 4 Leadville –Vail via Minturn
Vail/Beaver Creek Express 5X Vail/Beaver Creek Express
Simplify Service
•Provide more consistent service to I-70 Park N Rides and Avon Station
6
Route
Eagle Valley
HS P&R
Chambers
P&R
Freedom
Park P&R
Avon
Station
Forest
Service P&R
Existing Service
Valley Regular Trips
Valley Express Trips
Valley Semi-Express Trips
Highway 6 Regular Trips West of route
Highway 6 Express Trips West of route
Proposed Service
1 Dotsero/Gypsum –Vail via I-70
2X Gypsum/Eagle –Vail Express
6 Edwards –Vail via Highway 6 West of route
6X Edwards –Vail Express West of route
Improve
Existing
Services
•Changes to all
existing routes to
improve service
7
Highway 6 Route
•Split into local and express versions
8
Highway 6 Route
•Provide more service
•In winter:
–Begin service earlier at 4:30 AM
–Improve early AM service from every 30 minutes to every 20 minutes to
eliminate overcrowding
–Improve mid to late evening service from every 60 minutes to every 30 minutes
–End service later at 2:00 AM
•In the off season:
–Operate all service via Highway 6 instead of mix of regular and express trips to
provide more consistent service
9
•Split into local and express versions
•Simplify and streamline local and express alignments
Valley Route
10
Valley Route
•Provide more service
•In winter:
–Provide a better balance of AM and PM express trips.
–Increase peak period service frequencies to every 20 minutes
–Begin westbound service earlier at 5:30 AM.
–Operate on regular, clockface headways.
•In the off-season:
–Provide 30 minute peak period service
–Increase off-peak service from every 90 minutes to every 60 minutes
11
•Extend all Minturn service
from the Forest Service Park N
Ride to Vail to provide more
convenient service
Minturn Route
12
•Operate all service via South Frontage Road
in Vail to simplify service
•Adjust AM arrival times in Vail to better serve
work start times
Leadville Route
13
•Serve Avon Station in both directions
Vail-Beaver Creek Express
14
Provide Better Information
•All operator system map
•All operator website
•Real-time information
•More legible schedules and
maps
15
Make Fare Payment Easier
•Upgrade fare payment technology to make fare
payment easier and more flexible
–Mobile payment
–Smartcard
•Consider alternative fare structures as with
technology improvements
–Distance-based fares
–Free fare for short trips (as in Avon and Vail)
16
Improve Coordination/Collaboration
•Transit Coordinating Council
–Comprised of four existing operators
–Develop joint information
–Identify opportunities
•Work with Avon to increase use of Avon Garage
17King County Metro
B5 min9 min
$
Improve Existing Services
Add Service to New Areas
Adjust Fares
Improve Facilities
10 min 20 min 30 min
Additional Desirable Improvements
18
•Contingent upon additional financial resources
Valley Route
•Provide better winter-time service
–Increase midday service frequencies from every 60 minutes to every 30
minutes
–Increase evening service frequencies from every 60 minutes to every 30
minutes
19
•Start service earlier at 6:00 AM
•Provide peak period service every 30 minutes
•Provide midday and early evening service
every 60 minutes
Minturn Route
20
•Add midday and early evening service
Vail-Beaver Creek Express
21
Add Service to New Areas
•Test service to Red Cliff
22
•Partner with communities to
provide local services
•Partner with ridesharing and
taxi companies to provide
connections between outlying
areas and fixed-route services
First Mile-Last Mile Partnerships
•Connections to and from outlying areas and ECO Transit fixed-route
service via ridesharing companies and taxis
•Many ways to structure program –users can pay flat fare or add’l fare
above an allowed rate
23
Service to Red Cliff
•Operate as extension of
Minturn service
•Two AM peak inbound trips
•Two PM peak outbound
trips
•Could also consider first
mile-last mile partnerships
24
Revise Fares
•$7 fare for Leadville and Vail-Beaver Creek Express
disproportionately high compared to $4 fare for Valley and
Highway 6 routes
•Reduce to $4 for single fare system-wide if additional
operating resources become available
25
Provide Better Information
•App-based schedule
information
•ECO Transit on Google Maps,
but not transit apps
•Work with app makers to get
ECO Transit info included
•Or develop countywide transit
app
26
Improve Facilities
•Upgrade facilities
–Forest Service Park N Ride
–Bus stops (especially Lake Creek Village)
–Develop new Park N Ride lots
27King County Metro
Next Steps
•Refine recommendations based on stakeholder and community input
•Match recommendations to available resources
28
29
eaglecountytransit.com
Key Themes from Interviews
•Provide later service
•Operate service morefrequently
•Provide better off-seasonservice
•Develop a more robustcounty-wide transitsystem
30
Improve collaboration between
county transit operators
Provide better information
Use transit to compete more
effectively for visitors
Reduce fares
www.eaglecountytransit.com
EAGLE COUNTY TRANSIT DEVELOPMENT PLAN UPDATE
February 2018
Eagle County is taking a comprehensive look at transit throughout the county by conducting the Transit
Development Plan, which started in early 2017. The plan aims to be inclusive, with a range of public outreach
conducted over the past year, and will provide recommendations for improving county transit services to
ensure that service is high performing and meeting community needs.
In 2017, ECO Transit and the study team completed various project elements ranging from outreach to
detailed data analyses, including:
Stakeholder interviews
On-board and online rider surveys
Online non-rider survey
Review of existing conditions
Market analysis
Route-by-route evaluations
Advisory committee meetings and community board presentations
These materials are available on the project website, eaglecountytransit.com.
The study team has synthesized all the information collected and technical work completed thus far, and
drafted recommendations that we believe will make transit in Eagle County more convenient, easy-to-use, and
attractive. The recommendations will also improve performance and help Eagle County offer ever more viable
transportation options beyond personal vehicles for visitors, tourists, and residents alike. Better transit will also
help the county reach its goals to reduce GHG emissions and advance sustainability.
We welcome feedback on the draft recommendations, either when we present to your respective board/
council, via email (eco@eaglecounty.us), or through the project website. The study team will finalize
recommendations after thoroughly considering all feedback. A final report will be available in March/April
2018. Highlights from the draft recommendations include:
Simplifying services through better express routes, route numbering and renaming, and clarifying
service along I-70
Improving information, both online and on paper schedules/maps, and collaborating with other transit
providers in the county to provide a central repository of transit information
Revising fares for premium routes to simplify the fare structure
Upgrades to technology
Changes to the frequency and hours of operation on each route
Meeting Schedule:
Eagle County, Vail, & Red Cliff February 20 Eagle, Gypsum, & Avon February 27
Minturn February 21 Edwards March 15
Presenters:
ECO Transit Nelson\Nygaard Felsburg Holt & Ullevig
Chris Lubbers, Director
Jared Barnes, Planning Manager
Geoff Slater, Principal
Gretchen Johnson, Associate
Cady Dawson, Planner
ATTACHMENT 2
www.eaglecountytransit.com
TOWN COUNCIL REPORT
To: Mayor Jennie Fancher & Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: February 27, 2018
Topic: VEHICLE IMPOUNDMENT (BOOTING) UPDATE
ACTION BEFORE COUNCIL
No action is necessary; this item is a written report only.
BACKGROUND
Madam Mayor and members of the Avon Town Council, on February 28, 2017, the second reading of
Ordinance 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, and 120 Concerning
Vehicle Impoundment was passed and codified as a Town Ordinance. As requested by Council, I
respectfully submit a one-year update regarding any significant booting activity since the passing of
second reading of Ordinance 17-03.
BOOTING COMPANY LICENSE ACTIVITY
The booting contracts owned by the two Avon licensed businesses, AAA Parking Boot and
Affordable Towing DBA AT Booting, were purchased and absorbed by Colorado Booting LLC. The
proprietor of Colorado Booting LLC is Evghenii “Eugene” Cojocari. The AAA Boot company was also
purchased by Mr. Cojocari. Affordable Towing DBA AT Booting continues to hold a booting license.
AVON POLICE CALLS FOR SERVICE REGARDING BOOTING ISSUES
Avon Police Department (APD) personnel dealt with 22 calls for service (CFS) specific to vehicle
impoundment/ booting issues between February 28, 2017 and February 21, 2018. APD received 59
calls for service regarding booting during the preceding twelve months.
Thirteen of last year’s CFS were generated by the booting companies. Some the reports included the
following:
• “Male trying to cut boot with bolt cutters”
• “Drunken party was throwing money”
• “Theft of a boot”
The remaining nine calls for service were predominantly received from vehicle owners or other
parties reporting that their vehicle was booted and they were inquiring as to what they could do to
remedy the situation. Generally, Avon Police officers informed the caller of the process to appeal the
booting.
COMPLETION AND RETENTION OF CONTRACTS
Colorado Booting LLC executed new contracts with the properties that they service. Per Mr.
Cojocari, there is one contract with one property still under AAA, but he is having it changed to
Colorado Booting LLC.
NUMBER OF VEHICLE IMPOUNDMENT HEARINGS REQUESTED BETWEEN FEBRUARY 28, 2017 TO
FEBRUARY 21, 2018.
Per hearing court records, the Town of Avon has conducted four booting appeals since February 28,
2017. Three of the appeals were in reference to booting that had occurred prior to February 28, 2017.
Two of those booting hearings were upheld. In the third appeal, the Hearing Officer found in favor of
the appellant.
The remaining appeal was against AAA Parking Boot Service when it was operating on April 2, 2017.
The Hearing Officer, Judge Buck Allen, found on behalf of AAA Parking Boot Service and upheld the
boot.
Colorado Booting LLC has had no appeals since February 28, 2017.
PROPERTY MANAGERS PHONE SURVEY
At my request, Officer Zepeda conducted a brief phone survey with some of the property managers.
Officer Zepeda spoke with a representative with the property management company, Corum, who is
responsible for Buffalo Ridge II. The representative reported that they are happy with Colorado
Booting LLC. Officer Zepeda spoke with a representative with Polar Star Properties. They stated that
they currently have no issues with Colorado Booting LLC. Aspens Property Management stated that
they have not received any comments or complaints from residents about Colorado Booting LLC and
feel there are no issues with their practices.
Jeff Lineback, Property Manager for Liftview Condominiums, stated that Colorado Booting LLC has
“exceeded his expectations.” He stated that there have been instances where Colorado Booting LLC
has removed boots from residents’ vehicles without charging them, even when the residents had
clearly violated the parking rules.
PROCESS OF INFORMING THE VEHICLE OPERATOR OF THE PROPERTY OWNER OR MANAGER
CONTACT INFORMATION
Per Mr. Cojocari, the contact information for the property owner/manager is automatically supplied
on the emailed receipt. He verbally advises the vehicle operator that they must first appeal through
the property owner/ manager.
USE OF CREDIT CARD
Mr. Cojocari stated that he offers a credit card option to pay for boot removal. He said that initially,
he had three chargebacks, but now he video records the transaction with a bodycamera and ensures
that they verbally agree to the credit card transaction. Overall, the bodycamera assists Mr. Cojocari in
accurately recording his interactions with vehicle operators. This approach appears to have reduced
any chargebacks.
ADDITIONAL INFORMATION
Mr. Cojocari has created a new website, www.parkingcodes.com, for afterhours tenant vehicle
registration. This approach has been successful.
FISCAL YEAR 2017-2018
FINANCIAL REPORT
February 27, 2018
______________________________________________________________________________________
1. Financial Report Memorandum
2. Sales Tax Report – December 2017
3. Accommodations Tax Report – December 2017
4. Real Estate Transfer Tax Report – December 2017 (Updated)
5. Real Estate Transfer Tax Report – January 2018
6. Recreation Center Admissions – January 2018
7. General Fund Year-To-Date Expenditures – January 2018
8. Fleet Maintenance Fund Year-To-Date Expenditures – January 2018
9. Transit Fund Year-To-Date Expenditures – January 2018
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Martha Anderson, Senior Accountant
Meeting Date: February 27, 2018
Re: Fiscal Year 2017‐2018 Financial Report – December 2017 / January 2018
SUMMARY
Revenues
SALES TAX
Sales tax revenue for December totaled $1,183,666, a 5.14% decrease over the previous year. YOY
sales tax revenue is down 0.57%, with a negative variance of $46,082 over fiscal year 2016 total
sales and a negative variance of $167,540 over the revised annual budget.
YOY sales tax collections increased 3.06% for accommodations, 2.66% for other, 2.09% for liquor
stores, 0.73% for home/garden and decreased 13.14% for service related, 6.01% for sporting good
retail/rental, 1.76% for miscellaneous retail, 0.67% for grocery, specialty, and health and 0.58%
for restaurant and bars.
ACCOMMODATIONS TAX
Accommodations tax revenue for December totaled $189,505, a 5.3% decrease over the previous
year. YOY accommodations tax revenue is up 3.42%, with a positive variance of $44,059 over fiscal
year 2016 total accommodations tax revenue and a positive variance of $14,401 over the revised
annual budget.
YOY accommodations tax collections increased 20.5% for vacation rentals, 8.24% for time shares
and decreased 2.06% for hotels.
REAL ESTATE TRANSFER TAX
Final updated 2017 real estate transfer tax collections for December equal $327,152, which is a
$261,363 decrease compared to December 2016.
Final 2017 RETT collections ended with a favorable variance of $248,679 compared to the revised
annual budget and a favorable variance of $953,453 compared to 2016 total RETT collections.
A total of $1,399,271 was received from the Wyndham in 2017 bringing the grand total to
$2,100,081 since the vacation ownership project opened.
Real estate transfer tax collections for January totaled $264,063, an increase of 145.89% over the
previous year or $156,673 and a positive variance of $185,951 over the annual budget.
We collected $47,337 in real estate transfer tax from the Wyndham for January sales.
RECREATION CENTER ADMISSIONS
January’s admission fees totaled $88,582, an 18.62% increase over the previous year with a
positive variance of $11,503 over the annual budget.
Expenditures
** Expenditure Totals are Un-Audited and NOT Final **
GENERAL FUND
General fund expenditures for January totaled 14.17% of the 2018 annual budget. These
expenditures include $151,157 for the Town’s annual insurance premium and $564,393 in
equipment replacement.
FLEET MAINTENANCE
Fleet expenditures for January are at 13.43% of the total budget. These costs include expenditures
of stock parts, fleet maintenance and insurance premiums.
TRANSIT
Transit funds are 15.19% expended as of January compared to the 2018 budget. These
expenditures include costs of gas, fuel, insurance premiums and equipment replacement.
TOWN OF AVONSALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 793,298$ 792,562.03$ (736.28)$ 6.57%February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 808,059 798,923.33 (9,135.20) 3.12%March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 943,469 918,657.55 (24,811.78) -2.87%April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 435,179 425,727.85 (9,451.23) -2.85%May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 398,150 394,689.30 (3,460.33) -2.52%June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 645,820 650,794.65 4,974.90 -6.18%July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 681,147 682,024.81 878.23 -1.20%August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 633,814 618,515.44 (15,298.44) 4.23%September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 642,458 690,883.92 48,425.70 3.43%October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 472,251 458,645.68 (13,605.13) 1.63%November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 469,534 435,975.05 (33,559.36) -2.10%December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,295,427 1,183,666.21 (111,761.26) -5.14% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,218,606$ 8,051,065.82$ (167,540.18)$ -0.57%Actual Collections$0$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,0002013 2014 2015 2016 2017YearSales Tax Collections for December
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 $7,000,000 $8,000,000 $9,000,0002013 2014 2015 2016 2017YTD Sales Tax Comparison January - December $‐ $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$ 173,119$ 190,207.82$ 17,088.97$ 12.93%February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 197,466 194,804.88 (2,661.09) 5.09%March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 219,359 201,008.55 (18,350.04) -7.53%April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 45,723 38,340.02 (7,382.87) -37.06%May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 33,645 39,961.98 6,317.17 6.97%June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 79,538 83,723.31 4,185.49 13.77%July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 108,572 119,300.76 10,728.52 10.88%August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 94,215 100,628.23 6,413.60 14.78%September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 69,718 81,837.60 12,119.42 20.10%October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 45,149 48,223.10 3,074.04 5.43%November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 40,558 46,397.08 5,838.97 23.49%December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 212,477 189,505.28 (22,971.57) -5.30% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,319,538$ 1,333,938.61$ 14,400.61$ 3.42%Actual Collections $- $50,000 $100,000 $150,000 $200,000 $250,0002013 2014 2015 2016 2017Accommodations Tax Collections for December
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$ 88,207$ 107,390.00$ 42,968.00$ 66.70%February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 308,049 270,815.26 69,964.40 34.83%March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 226,231 254,737.53 (10,324.12) -3.89%April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 275,306 249,938.93 90,892.87 57.15%May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 325,137 377,490.82 192,503.72 104.06%June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 351,920 703,419.85 396,292.61 129.03%July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 408,712 219,208.74 (40,769.20) -15.68%August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 267,942 592,467.49 405,984.09 217.71%September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 369,353 423,013.80 101,056.12 31.39%October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 436,047 497,642.58 (144,046.01) -22.45%November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 283,269 425,402.80 110,293.43 35.00%December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 859,827 327,151.53 (261,363.13) -44.41% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 4,200,000$ 4,448,679.33$ 953,452.78$ 27.28%Budget 4,200,000.00 Variance, Favorable (Unfavorable) 248,679.33$ 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 $4,000,000.00 $4,500,000.00 $5,000,000.002013 2014 2015 2016 2017YTD Real Estate Transfer Tax Collections
Town of AvonReal Estate Transfer Tax 2018 Actual vs. BudgetBudget YTD Collections $ Change % of Change2013 2014 2015 2016 2017 2018 2018 2017 2017January 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 107,390.00$ 78,112$ 264,063.20$ 156,673.20$ 145.89%February 55,872.69 562,219.70 85,479.08 200,850.86 270,815.26 279,781 March 125,927.64 50,375.06 168,744.22 265,061.65 254,737.53 205,888 April 144,437.80 197,656.36 125,266.30 159,046.06 249,938.93 208,626 May 121,784.12 183,745.60 237,971.08 184,987.10 377,490.82 263,293 June 90,309.74 220,009.15 294,434.84 307,127.24 703,419.85 384,544 July 386,434.78 141,051.52 396,838.68 259,977.94 219,208.74 334,124 August 97,579.70 154,032.32 152,380.93 186,483.40 592,467.49 281,615 September 157,010.67 267,886.92 291,223.61 321,957.68 423,013.80 347,832 October 169,839.80 178,044.24 172,855.22 641,688.59 497,642.58 395,202 November 112,491.82 122,582.66 169,328.38 315,109.37 425,402.80 272,562 December 83,382.60 1,598,062.92 225,862.90 588,514.66 227,918.50 648,422 Total 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,700,000$ 264,063.20$ 156,673.20$ 145.89%Budget 3,700,000.00 Variance, Favorable (Unfavorable) (3,435,936.80)$ 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 $4,000,000.00 $4,500,000.00 $5,000,000.002014 2015 2016 2017 2018YTD Real Estate Transfer Tax Collections
TOWN OF AVONRECREATION CENTER ADMISSION FEES 2018 Actual vs. Budget Budget YTD Collections Budget % of change2013 2014 2015 2016 2017 2018 2018 Variance from 2017January 70,040$ 62,607$ 64,723$ 74,674$ 74,674$ 77,079$ 88,582.09$ 11,502.85$ 18.62%February 68,578 63,838 68,506 86,342 93,366 84,618 March 72,616 77,902 81,664 76,023 84,086 87,211 April 64,370 61,760 55,452 67,398 62,435 69,231 May 35,064 43,119 50,067 54,337 61,442 54,250 June 46,194 55,052 58,431 58,044 63,459 62,509 July 71,491 61,472 66,400 65,874 82,540 77,315 August 57,329 63,233 66,389 76,558 66,543 73,374 September 43,829 36,846 44,719 49,018 48,279 49,506 October 48,803 75,818 61,167 51,833 59,234 65,994 November 93,822 29,570 71,384 72,114 97,193 80,940 December 69,258 77,672 112,201 169,093 169,913 132,972 Total 741,394$ 708,889$ 801,102$ 901,307$ 963,163$ 915,000$ 88,582.09$ 11,502.85$ 18.62%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,0002014 2015 2016 2017 2018Recreation Center Admissions - January
Dept./Div. 2018 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 226,760$ 3,991$ 27,767$ 195,002$ 14.01%
112 Boards and Commissions 16,049 - 1,608 14,441 10.02%
113 Town Attorney 132,000 - - 132,000 0.00%
115 Town Clerk 117,913 7,540 6,239 104,134 11.69%
121 Municipal Court 148,899 21,500 7,069 120,330 19.19%
131 Town Manager 375,561 2,653 21,189 351,719 6.35%
133 Community Relations 195,666 17,803 8,769 169,093 13.58%
Total General Government 1,212,848 53,487 72,642 1,086,719 10.40%
Human Resources Department:
132 Human Resources 503,153 21,377 18,052 463,724 7.84%
Finance & IT Department:
141 Finance 1,021,522 59,994 49,580 911,947 10.73%
143 Information Systems 434,262 64,172 66,596 303,495 30.11%
149 Nondepartmental 497,254 155,272 162,308 179,674 63.87%
Total Finance & IT 1,953,038 279,438 278,484 1,395,115 28.57%
Total General Gov't Departments 3,669,039 354,302 369,178 2,945,559 19.72%
Community Development:
212 Planning 281,940 13,639 13,517 254,784 9.63%
213 Building Inspection 151,049 2,500 8,259 140,290 7.12%
215 Town Produced Events 243,760 6,257 5,733 231,771 4.92%
216 Signature Event Seed Funding 400,000 39,420 - 360,580 9.86%
217 Community Grants 161,000 37,000 14,000 110,000 31.68%
218 Salute to the USA 97,000 - - 97,000 0.00%
Total Community Development 1,334,749 98,816 41,508 1,194,425 10.51%
Police Department:
311 Administration 775,392 25,770 49,235 700,388 9.67%
312 Patrol 2,570,770 22,617 256,251 2,291,902 10.85%
313 Investigations 285,767 - 21,692 264,075 7.59%
Total Police 3,631,929 48,387 327,177 3,256,365 10.34%
Public Works:
412 Engineering 283,636 - 16,620 267,016 5.86%
413 Roads and Bridges 2,362,984 50,149 177,248 2,135,587 9.62%
415 Parks 671,517 74,074 103,868 493,575 26.50%
418 Buildings & Facilities 1,194,952 79,653 105,726 1,009,573 15.51%
Total Public Works 4,513,089 203,876 403,461 3,905,752 13.46%
Recreation Department:
514 Administration 237,063 5,875 38,432 192,756 18.69%
515 Adult Programs 61,906 1,485 3,785 56,636 8.51%
516 Aquatics 542,219 12,478 58,667 471,074 13.12%
518 Fitness 144,227 - 72,584 71,643 50.33%
519 Guest Services 325,124 6,944 23,010 295,170 9.21%
521 Youth Programs 149,536 540 6,865 142,131 4.95%
523 Community Swim Program 57,319 - 1,262 56,057 2.20%
Total Recreation 1,517,394 27,322 204,605 1,285,467 15.28%
TOTAL OPERATING EXPENDITURES 14,666,200$ 732,703$ 1,345,929$ 12,587,568 14.17%
Department Expenditure Summaries
General FundJanuary 2018 Expenditures to Date
Dept./Div. 2018 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,693,973$ 96,073$ 131,442$ 1,466,458$ 13.43%
Total Operating Expenditures 1,693,973 96,073 131,442 1,466,458 13.43%
TOTAL EXPENDITURES 1,693,973$ 96,073$ 131,442$ 1,466,458$ 13.43%
Expenditure Summary
Fleet Maintenance Enterprise Fund
January 2018 Expenditures to Date
Dept./Div. 2018 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 271,617$ 31,516$ 26,147$ 213,954$ 21.23%
432 Transit Operations 1,258,194 - 165,622 1,092,572 13.16%
436 Wash Bay 157,973 4,000 29,011 124,962 20.90%
Total Operating Expenditures 1,687,784 35,516 220,780 1,431,488 15.19%
TOTAL EXPENDITURES 1,687,784$ 35,516$ 220,780$ 1,431,488$ 15.19%
Expenditure Summary
Transit Enterprise Fund
January 2018 Expenditures to Date
1
Planning & Zoning Commission
Meeting Abstract
Tuesday, February 20, 2018
I. Call to Order – The meeting was called to order at 5:28 pm.
II. Roll Call – All Commissioners were present with the exception of Commissioner Barnes.
III. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda.
IV. Conflicts of Interest – There were no conflicts disclosed.
V. Preliminary PUD (Major Amendment) Village at Avon PUD – CONTINUED PUBLIC HEARING
File: PUD17001
Legal Description: Lot 1, Filing 1, Village at Avon
Applicant: Harvey Robertson
Summary: PUD Guide amendment for changes to Planning Area F, a 13-acre property located at
the intersection of Post Blvd and East Beaver Creek Boulevard, including: 1) increase
density allowance from 18 dwelling unit/ acre to 25 dwelling units per acre; 2) increase
maximum allowable residential development from 50% to 100; and 3) increase
allowable building height from 48’ to 66’ for multi-family buildings. The applicant
requested that this public hearing be continued to the March 6, 2017 PZC meeting.
Action: Commissioner Nusbaum motioned to continue the public hearing to the March 6,
2017 PZC meeting. Commissioner Howell seconded the motion and it passed
unanimously 5-0.
VI. Comprehensive Plan Amendment –Town-Owned Properties Plan - PUBLIC HEARING
File: CPA17002
Legal Description: Various Properties throughout Avon
Applicant: Town of Avon
Summary: Staff presented the master planning document Town of Avon Town-Owned Properties
Plan which proposes various uses and buildings for properties throughout town. The
Commission was tasked to make a recommendation on the plan to the Avon Town
Council, who takes final action with an Ordinance.
Public Comments: Tamera Underwood spoke in favor of the Barn relocation. Christy Ferraro spoke in
favor of the Barn relocation. Andrew Pranger spoke in favor of including the Vail
Valley Art Guild in any final design of Tract G.
Action: Commissioner Golembiewski motioned to approve the application recommendation
with the following findings:
1. Integrating additional worker housing units into future development of the Wildridge
Fire House, Swift Gulch, Public Works Site can be made compatible with existing and
future planned land uses by careful design;
2. The relocation of the Hahnewald Barn helps to preserve the historical importance of
Avon’s history and identity;
3. Transportation services and infrastructure can serve the proposed future land uses
contained in the Plan;
2
4. Public services and facilities have adequate current capacity to serve the proposed
future land uses;
5. The proposed land use in the Plan will result in a better location and form of
development for the Town, with critical mass focused in the Town Center and less
intensive land uses on outlying Town-Owned properties;
6. Strict adherence to the current Comprehensive Plan documents would result in a
situation that contrasts with the current direction of the Town;
7. The Plan complies with the purposes of the Development code; in particular, the Plan
provides a deliberate and orderly use of lands, conserving the value of the
investments of the people of the Avon Community;
8. Compliance with the mandatory review criteria outlined in Section 7.16.030(c) are
documented herein; and
9. The Plan will promote the health, safety and welfare of the Avon Community and will
be consistent with the general goals and policies of the Avon Comprehensive Plan as
outlined in the Staff report to PZC.
Commissioner Glaner seconded the motion and it carried unanimously 5-0.
Action: Commissioner Howell motioned to recommend to Town Council to prioritize the
Hahnewald Barn underderstanding that the timeline to move it is quickly coming.
Commissioner Glaner seconded the motion and the motion carried 3-2 with
Commissioner Golembiewski and Nusbaum voting in dissent.
VII. Meeting Minutes
• February 6, 2018 Meeting
Action: Commissioner Nusbaum motioned to approve the meeting minutes. Commissioner
Howell seconded the motion and it carried unanimously 4-0 with Commissioner
Hardy abstaining.
VIII. Staff Updates
Staff gave an update on the Colorado World Resorts application and mentioned the possibility of a joint
Town Council PZC work session on February 27.
IX. Adjourn – The meeting was adjourned at 6:30 pm.