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PZC Packet 0619181 Agenda posted on Friday, June 1, 2018 at the following public places within the Town of Avon: -Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org Please call 970-748-4023 for questions. Planning & Zoning Commission Meeting Agenda Tuesday, June 19, 2018 If you require special accommodation please contact us in advance and we will assist you. You may call David McWilliams at 970- 748-4023 or email cmcwilliams@avon.org for special requests. I. Call to Order – 5:00pm II. Roll Call III. Selection of Chairperson and Vice Chairperson IV. Additions & Amendments to the Agenda V. Conflicts of Interest VI. Consent Agenda: Meeting Minutes • June 5, 2018 PZC Minutes Records of Decision • Major Development Plan – 254 Riverfront Lane • Special Review Use - 228 and 238 West Beaver Creek Boulevard VII. Workforce Housing Plan –PUBLIC HEARING – CONTINUED FROM JUNE 5, 2018 File: CPA18001 Summary: Review of the Avon Workforce Housing Plan, with recommendation and findings prepared for Town Council final action. VIII. Work Session - Sign Code Summary: Town staff will outline the process for updating the sign code, including moving it to Chapter 7, updating desired sign typologies, and properly responding to recent court cases. IX. Staff Updates X. Adjourn June 5, 2018 Planning and Zoning Commission Meeting Minutes 1 Planning & Zoning Commission Meeting Minutes Tuesday, June 5, 2018 I. Call to Order The meeting was called to order at 5:05 by Planning Director Matt Pielsticker. II. Town Clerk Swearing in of Commissioners Howell and Golembiewski Debbie Hoppe, Avon Town Clerk, swore in the continuing Planning and Zoning Commissioners. III. Roll Call All Commissioners were present with the exception of Commissioners Hardy and Dammeyer. Commissioner Golembiewski acted as interim chairperson until Item VI. Commissioner Barnes arrived after roll call, during Item VI and resumed chair duties. IV. Additions & Amendments to the Agenda Written public comments regarding item X were distributed. V. Conflicts of Interest No Conflicts of interest were disclosed. VI. Consent Agenda: Basecamp Residential Project Entrance Sign – 38359 US 6 Action: Commissioner Nusbaum made a motion to approve consent agenda. Commissioner Glaner seconded the motion. The consent agenda was approved unanimously 5-0. VII. Major Development Plan – 254 Riverfront Lane – CONTINUED PUBLIC HEARING File: MJR18005 Legal Description: Lot 4 Riverfront Subdivision Applicant: Jim Telling with East-West Partners Summary: Application to build one triplex and six (6) duplexes on the property to the west of the Westin hotel and condo property. Continued from the May 15, 2018 meeting. Public Comments: No public comments. Action: Commissioner Nusbaum made a motion to recommend Town Council approval of the application with the following findings and conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code and the PUD Design Standards; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; and 5. The design relates the development to the character of the surrounding community. Conditions: June 5, 2018 Planning and Zoning Commission Meeting Minutes 2 1. A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square footage coverage and hydrozones shall be presented to staff before a building permit will be issued; 2. No trees beyond those indicated on the landscape plan will be removed without the approval of the Town, and special efforts will be made to preserve existing vegetation. 3. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. 4. The supply of water and fire services will be verified prior to issuing a building permit; and 5. The applicant shall provide a satisfactory snow removal plan on Riverfront Lane. Commissioner Glaner seconded the motion and the motion passed unanimously 5-0. VIII. Workforce Housing Plan –PUBLIC HEARING File: CPA18001 Summary: Review of the Avon Workforce Housing Plan, with recommendation and findings prepared for Town Council final action. Public Comments: Todd Roehr presented his review of short term rentals and their relationship to workforce housing. Action: Commissioner Glaner made a motion to continue the item to the June 19, 2018 PZC meeting. Commissioner Golembiewski seconded the motion and it passed unanimously 5-0. IX. Special Review Use – 228 and 238 West Beaver Creek Boulevard - CONTINUED PUBLIC HEARING File: SRU15004 Legal Description: Lot 37 A&B Lot 38 A&B Block 2 Benchmark at Beaver Creek Applicant: Todd Roehr Summary: Application to extend the property’s Bed and Breakfast use in perpetuity. PZC asked for more information from the applicant during the initial public hearing. Public Comments: There were no public comments. Action: Commissioner Glaner made a motion to approve the SRU permit with the following findings and conditions: Findings: 1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and determined to be eligible for consideration with the applicable review criteria; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The public services and infrastructure needed for this application is provided by current capacity; and 6. The proposed use is consistent with the purpose and intent of the RD zone district, and the scale of adjacent uses and activities. Conditions: 1. Permit is valid for 10 years, until June 5, 2028; 2. The owner shall ensure the duplexes are occupied with an operator; 3. The owner and/or operator shall ensure all guests, visitors, employees, owners and operators of the Bed and Breakfast park on-site; and June 5, 2018 Planning and Zoning Commission Meeting Minutes 3 4. This use is granted to Mein House LLC, under control of Todd Roehr. Any change in ownership shall require advanced notification to Community Development, and re-review by the Planning and Zoning Commission. Commissioner Howell seconded the motion and it carried unanimously 5-0. X. Minor Development Plan – 2011 Beaver Creek Point addition – PUBLIC HEARING File: MNR18014 Legal Description: Lot 111C Block 1 Wildridge Applicant: Tom Rummler Summary: Proposed construction of a garage, deck, and solar panel addition on the south side of the existing house. Public Comments: Written public comments from were referenced, including Doug and Lisa Curry, Emily Horstmann, Debbie Connolly, Isaac Thompson; Richard Clubine, David & Mary Ann Scherpf, Cristian Basso. The following members of the public spoke on the application: David Scherff, 2011 Beaver Creek Point; Prentice O’Leary, 2060 Beaver Creek Point; Hugh Joyce 2001 Beaver Creek Point. Action: Commissioner Howell made a motion to table the item pending further information. Commissioner Glaner seconded the motion and it passed unanimously 5-0. XI. Work Session - Sign Code Summary: Town staff delayed this work session until June 19, 2018. XII. Action on Meeting Minutes • May 15, 2018 PZC Minutes Action: Commissioner Glaner made a motion to approve the May 15, 2018 meeting minutes. Commissioner Nusbaum seconded the motion, and all were in favor. The motion passed 4-0, with Commissioner Barnes abstaining due to his absence from the previous meeting. XIII. Action on Records of Decision • Major Development Plan and Alternative Equivalent Compliance - 4561 Flat Point Action: Commissioner Howell motioned to approve the record of decision. Commissioner Golembiewski seconded the motion and it carried 4-0 with Commissioner Barnes abstaining due to his absence from the previous meeting. • Major Development Plan - 4250 Wildridge Road West Action: Commissioner Howell motioned to approve the record of decision. Commissioner Golembiewski seconded the motion and it carried 4-0 with Commissioner Barnes abstaining due to his absence from the previous meeting. • Alternative Equivalent Compliance – 2290 Old Trail Road Fence Action: Commissioner Howell motioned to approve the record of decision. Commissioner Golembiewski seconded the motion and it carried 4-0 with Commissioner Barnes abstaining due to his absence from the previous meeting. XIV. Staff Updates • Barn RFP Review • July 3, 2018 meeting is cancelled. June 5, 2018 Planning and Zoning Commission Meeting Minutes 4 XV. Adjourn The meeting was adjourned at 9:33 p.m. Approved this 19th Day of June 2018 SIGNED: ___________________________________________ Chairperson PZC Record of Decision: #MJR18005 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: June 5, 2018 TYPE OF APPLICATION: Major Development Plan PROPERTY LOCATION: Lot 4 Riverfront Subdivision FILE NUMBER: #MJR18005 APPLICANT: Jim Telling This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.080(c): DECISION: Recommendation that Town Council approve the development plan with the following findings and conditions: FINDINGS: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code and the PUD Design Standards; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; and 5. The design relates the development to the character of the surrounding community. CONDITIONS: 1. A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square footage coverage and hydrozones shall be presented to staff before a building permit will be issued; 2. No trees beyond those indicated on the landscape plan will be removed without the approval of the Town, and special efforts will be made to preserve existing vegetation. 3. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. 4. The supply of water and fire services will be verified prior to issuing a building permit; and 5. The applicant shall provide a satisfactory snow removal plan on Riverfront Lane. PZC Record of Decision: #MJR18005 Page 2 of 2 THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson PZC Record of Decision: #SRU15004 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: June 5, 2018 TYPE OF APPLICATION: Special Review Use PROPERTY LOCATION: Lot 37 A&B Lot 38 A&B Block 2 Benchmark at Beaver Creek FILE NUMBER: #SRU15004 APPLICANT: Todd Roehr This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.100(c): DECISION: Approval of the Special Review Use with the following findings and conditions: FINDINGS: 1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and determined to be eligible for consideration with the applicable review criteria; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The public services and infrastructure needed for this application is provided by current capacity; and 6. The proposed use is consistent with the purpose and intent of the RD zone district, and the scale of adjacent uses and activities. CONDITIONS: 1. Permit is valid for 10 years, until June 5, 2028; 2. The owner shall ensure the duplexes are occupied with an operator; 3. The owner and/or operator shall ensure all guests, visitors, employees, owners and operators of the Bed and Breakfast park on-site; and 4. This use is granted to Mein House LLC, under control of Todd Roehr. Any change in ownership shall require reapplication for the Special Review Use permit. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson June 19, 2018 PZC Meeting Comprehensive Plan– Avon Workforce Housing Plan 2018-2021 1 Staff Report – Comprehensive Plan June 19, 2018 Planning & Zoning Commission Meeting Project File #CPA18001 Application Type Comprehensive Plan Document Avon Workforce Housing Plan – 2018-2021 Prepared By Matt Pielsticker, AICP, Planning Director SUMMARY On June 5, 2018, Willa Williford, Williford, LLC. presented the Avon Workforce Housing Plan 2018-2021 (“the Plan”). PZC continued the public hearing to the June 19, 2018 meeting. While the commission voiced overall support behind having more detailed housing policy, there were several reccomendations and comments collected at the hearing; warranting another review to build a record of decision and final recommendation to Town Council. Attached to this report are the following: A – Clean Copy of the Plan – as presented June 5, 2018 B – Strikethrough Copy of the Plan – based on comments received June 5, 2018 In addition to the specific comments that have been incorporated within Attachment B, there were other general comments that staff recommends PZC forward to Council as part of a formal recommendaiton. The addtiional comments/recommendations are as follows: 1. A narrow/lower range target for the AMI goals is desired… concern for trying to “be everything to everyone.” 2. Consider removing Right of First Refusal as a tool. 3. Consider adding rental assistance as a tool. 4. Add business outreach as an action step, and more language regarding business partners as part of the solution. 5. Concern for “missing middle” and inability to recruit and retain early to mid-career professional level staff. 6. What would be a continuous funding source? Consider adding. 7. Add additional clarification about water and sanitation fees and how roles and responsibilities are shared between ERWSD and the Town. 8. Concern that this Plan doesn’t provide guidance for PZC as they review site specific applications. BACKGROUND Workforce housing has continually been emphasized as a priority by the Town Council. The importance of a proactive workforce housing program was reinforced in the 2017 Comprehensive Plan goals and policies, as well as the 2017-2019 Strategic Plan. On March 7, 2018 the Town Council conducted a Workforce Housing Retreat, facilitated by Willa Williford and led by housing professionals from Eagle and Summit counties. Chairperson Lindsay Hardy attended the retreat and learned about other successful workforce housing policies and projects in Breckenridge and Boulder. The purpose of the Workforce Housing Retreat was to provide data regarding housing need, review Avon’s current workforce housing stock, learn about successful workforce housing projects in other jurisdictions, and for Council to develop actionable strategies for the Town. June 19, 2018 PZC Meeting Comprehensive Plan– Avon Workforce Housing Plan 2018-2021 2 Out of the Workforce Housing Retreat, a draft document was presented to the Town Council on May 8, 2018 for comments and to gain feedback and direction to finalize the draft. Additional edits have been made to the document based on Council’s initial review, and it is now being presented to PZC for a formal recommendation. PROCESS The Avon Workforce Housing Plan 2018-2021 is considered a Comprehensive Plan, as defined by Title 7 of the Avon Development Code. As such, Sections §7.16.020 and §7.16.030 of the Development Code outline the review procedures for new Comprehensive Plan “applications.” As mentioned, the Avon Workforce Plan 2018-2021 requires a hearing before PZC, recommendation to Town Council, and then two readings of an ordinance by Town Council. Staff will return to the July 17, 2019 PZC meeting with a formal Record of Decision and Findings of Fact, documenting the Commission’s action. REVIEW CRITERIA According to Section §7.16.030(e) of the Development Code, the criteria below are to be used when evaluating the plan. The review criteria are included here for reference and to aid in formulating a Record of Decision and recommendation to the Town Council. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. AVAILABLE ACTIONS 1) Conduct Public Hearing and finalize recommendation. 2) Conduct Public Hearing and continue to July 17, 2018 meeting. 3) Conduct Public Hearing and continue to a meeting not later than sixty-five (65) days from June 5, 2018 – not later than August 7, 2018. RECOMMENDED MOTION “I move to recommend that the Town Council approve the Redline version of the Avon Workforce Housing Plan 2018-2021, with additional recommendations/comments documented in staff’s June 19, 2019 report, and citing the following findings: JUNE 5 & 19-PZC PUBLIC HEARINGS & RECOMMENDATIONS JULY 10-COUNCIL FIRST READING OF ORDINANCE JULY 24 -COUNCIL PUBLIC HEARING & 2nd READING OF ORDINANCE June 19, 2018 PZC Meeting Comprehensive Plan– Avon Workforce Housing Plan 2018-2021 3 1) The Avon Workforce Housing Plan 2018-2021 complies with the goals and policies of the Avon Comprehensive Plan by strengthening the policy objectives related to achieving a diverse range of housing types to serve all segments of the population; 2) The plan complies with the review criteria outlined in Section §7.16.030(e) of the Development Code; 3) The proposed plan bolsters the purpose statements of the Development Code; Purpose (n): “Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy;”; and 4) The proposed plan promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals.” ATTACHMENTS A - Avon Workforce Housing Plan 2018-2021 (CLEAN) B – PZC Strikethrough Avon Workforce Housing Plan 2018-2021 Page 1 of 8 Avon Workforce Housing Plan 2018-2021 Prepared by Willa Williford for the Town of Avon “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit and recreate in the community.” - TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017 Introduction The Town of Avon seeks to build upon a long history as a high amenity year-round resort community, strengthening its vibrant and inclusive community culture. The current Comprehensive Plan sets the vision for a diversity of exciting opportunities for residents, businesses, and visitors. The current housing market, which offers very few opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. The potential community benefits of increasing workforce housing efforts to include: • More housing choices; • Increased economic stability and a more active year-round economy for local residents and businesses; • Greater ability to retain individuals and families throughout life and career phases, strengthening sense of community, opportunity, and quality of life; • Further the goals of the Climate Action Plan by reducing single occupant vehicle commuting; and • Greater opportunities for arts and culture to thrive. The Need Since the end of the recession jobs and population have been growing much more rapidly than housing inventory, creating many challenges: • Frustration for employees seeking housing; • Employers facing unfilled positions, turnover, higher training costs, and lost productivity; • Precipitous increases in home prices, well beyond the means of most local residents; • Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and • Negative impacts on individuals and families, who are spending a disproportionate amount of their income on housing, commuting long distances, and living in locations or situations that are not sustainable for the long term. Median price for all homes sold in 2017 was $438,000. Condos accounted for 71% of these sales, with a median price of $358,500. The median price for single family homes, duplexes and townhomes was $850,000. The home price affordable to a median income family is less than half that at about $316,000. Only four units were on the market for $316,000 or lower in early 2018. The rental market is similarly challenging: vacancy rates have been approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River Valley. ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 2 of 8 To meet the needs of local employees in the Eagle River Valley, over 4,000 additional homes will be required by 2020.1 In mid-valley, which includes Eagle Vail, Avon and Edwards, 1,500 homes will be needed. Subsidies or public/private partnerships are anticipated to be required for the majority of these homes to be financially feasible and affordable to local employees. Avon and the mid-valley are highly desired locations for local households. In a recent survey of Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their first choice for where they want to live.2 Strengths and Assets Avon has numerous assets related to housing opportunities to build upon successes and lessons learned from previous housing initiatives: • An inventory of 670 workforce housing units currently, about 90% of which are for rent; • An Affordable Housing Fund balance of about $570,000; • A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale homes; • Employee housing mitigation requirements for some new commercial development; • Successful PUD negotiations to provide deed restricted housing resulting in 63 perpetually restricted units to date; • History of regional collaboration with public sector, non-profit and private sector on housing issues; • Significant inventory of attainable free market housing; • Significant opportunities for development and redevelopment, with water rights, transit access and existing density on vacant and underutilized private parcels; and • Adopted Comprehensive Plan, which sets workforce housing as top policy priority. Goals and Objectives The Comprehensive Plan sets two housing goals (each with numerous supporting policies): • Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. • Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Goals and Objectives of this Housing Plan are as follows: • Focus on increasing deed restricted homeownership opportunities at $430,000 and below (equivalent to 140% Area Median Income for a household of three people). • Grow the inventory of homeownership more quickly then rental housing, to create a more balanced portfolio, with a long-term goal of about 50% rental, 50% ownership. 1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford 2 Ibid. ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 3 of 8 • When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 60-140% AMI level. • Stabilize or increase the percentage of year-round residents; currently 55% of all homes in Avon are occupied by year-round residents. • Stabilize or increase the percentage of employees who live and work in Avon. • Seek to add at least 50 deed restricted units to the inventory by 2021. • As sites redevelop, strive for “no net loss,” and when possible, an increase of housing serving the local workforce. • Review and re-evaluate goals and objectives in late 2021 or early 2022. Tools and Strategies In order to achieve these goals and objectives, the following tools and strategies should be pursued. Tools and strategies are organized into three categories: Housing Development and Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix A. Housing Development and Retention A top priority is pursuing workforce housing development on Town owned land. Two parcels, identified in the Town of Avon Properties Plan, are appropriate to move forward with workforce housing development in the next three years. These sites are Wildwood and Swift Gulch. This Plan is recommending that public outreach, feasibility analysis, and conceptual design for Wildwood move forward this year. Planning for Swift Gulch can begin when there is a clear path forward for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be developed through public/private partnerships. Two strategies have been identified to preserve market rate attainable housing that is currently at risk of being lost to locals through rapid price increases and/or redevelopment. The first strategy is to “buy-down” attainable market rate units and preserve their affordability with a permanent deed restriction. Nearby precedents for this approach include Vail InDEED and Eagle Valley Ranch. This is a homeownership strategy. The second strategy is to secure right of first refusal on properties that currently house local employees. A right of first refusal creates the opportunity for the Town to purchase and preserve these assets, if the owner decides to sell and the Town decides the property is a priority and is able to secure finance timely. This is a mobile home and multi-family housing strategy. This program development is anticipated to begin in 2019. Investing in and maintaining the current inventory of deed restricted housing is an important component of housing development and retention. Much of the affordable rental housing inventory has recently been renovated, however, the homeownership inventory is in need of capital planning and reinvestment. The Town of Avon has recently contracted with The Valley Home Store to assist with compliance monitoring and re-sale of deed restricted properties. The next phase of this effort will be to conduct a capital needs assessment of the assets and make a plan for funding and implementing capital improvements. This effort is anticipated to begin in 2020. ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 4 of 8 Cultivating additional public private partnerships and seeking to purchase additional land for workforce housing are additional strategies that will be ongoing. Funding Local funding is a key ingredient to building and maintaining workforce housing. Investing (or “leveraging”) local funds is essential to attracting the outside funding sources such as grants, loans, tax credits and private investments that, when combined, make housing development financially feasible. Currently, the Avon Housing Fund has a balance of about $570,000. It is anticipated that those funds will be invested in the efforts outlined in this Plan, and that additional funds will be needed moving forward. A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine if additional funds can be directed to housing efforts through the annual budgeting process. This review will begin at the end of 2018.Depending on the outcome of the first step, the second step be to seek opportunities for new funding sources, which could include approaches such as increased linkage fees, regional collaboration, and/or a local ballot initiative. Housing Policy The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable for workforce housing. The Town has a strong track record in including workforce housing in PUD approvals. The Town will continue to encourage, and, in some instances, require workforce housing in new planning approvals. Initiatives to update and strengthen housing policies will include: • Review existing code for opportunities to increase the year-round occupancy of the existing housing stock, including consideration of short term rental, accessory dwelling unit, and lock-off incentives and regulations. • Update mitigation/linkage policies to be more proactive in addressing workforce housing needs. Current policies are limited to very narrowly defined locations and development requests, and the current mitigation rate is low compared with peer communities. • Consider implementing an inclusionary housing policy. Inclusionary housing was considered in the 2010 code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable to the local workforce. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to better understand how the two tools complement each other, support policy goals, and maintain a level playing field for commercial and residential development. • Conducting a comprehensive review of fees associated with new construction including entitlements and water/sewer taps. This review will look at both Town of Avon and Eagle River Water and Sanitation District fee structures and will be a collaborative process between the two agencies to recommend updates. A goal of the process will be to align fees with workforce housing policy goals, as well as formalize a fee waiver/reimbursement process for workforce housing that meets defined criteria. The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle River Valley. In pursuit of workforce housing, the Town will continue to participate in regional studies, seek opportunities to participate in regionally significant workforce housing ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 5 of 8 developments beyond Town boundaries, and participate in employer forums, and be an advocate for other regional initiatives. Leadership and Responsibilities The work of furthering workforce housing in Avon is currently shared among several Town departments and outside partners. The Town Council sets goals, budget, workplan and adopts new regulations and approves or denies land use requests. Working on behalf of the Council, the Town Manager’s office is responsible for public/private partnerships, and long-range planning and strategy. The Planning Office is responsible for existing and proposed inventory, PUD processes, permits and fees, and land use code related initiatives. Revenue sources, budgeting, financing and bonding are supported by the Town Finance Director. The Town contracts with The Valley Home Store for deed restriction monitoring, compliance, and sales of deed restricted properties. This structure is proposed to remain in place, with additional capacity contracted from time to time. These responsibilities are further defined in Appendix A. Investment Criteria As the Town of Avon seeks to deploy current and future Housing Fund balance to increase workforce housing opportunities, the Town will evaluate the opportunity based on the following criteria: 1. Does the proposed project meet the goals and objectives of the Comp Plan and this Housing Plan? 2. Does the investment fill a gap that would otherwise keep the proposed project from moving forward? 3. Does the project encourage resource conservation, energy efficiency and sustainable development? Does the location offer access to multi-model transportation options and other services? 4. Is there participation from other regional partners, public and/or private? ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 6 of 8 ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 7 of 8 APPENDIX B – Definitions and Best Practices Topic Definition Best Practices Inclusionary Housing A percentage of residential units in new subdivisions/PUDs are workforce housing. Market homes support workforce units. Only effective if new subdivisions/PUDs are developed/ redeveloped. Carbondale, Eagle, Eagle County, San Miguel County Linkage/Mitigation Requiring new homes and/or commercial development to contribute to workforce housing relative to demand generated by the new construction. For residential, mitigation rate often increases with house size, and deed restricted units are typically exempt. Fees in lieu provides revenue stream that fluctuates with building activity. Documented relationship between fee and impact required. Telluride, Aspen, Mt. Crested Butte Fee Waivers Water/sewer tap fees, building permit or other fees waived in part or whole to reduce cost to build affordable housing. General funds or other source need to cover cost of fees waived. Breckenridge, Crested Butte Dedicated Funding Source Funding is a core component of building housing and running successful housing programs. Few programs begin with funding; rather finding funding is an incremental process that goes hand in hand with creating goals and objectives, developing policies, securing appropriate land for housing, and moving forward with public/private partnerships. Dedicated funding sources take many forms including grants, fee in lieu payments, taxes, voluntary assessments, proceeds from rents or sales. Summit County, Steamboat Springs, Crested Butte, Aspen, Telluride Public/Private Partnerships Partnering with developers to build homes, typically on publicly-owned sites, or using other public resources such as property tax exemption. RFQ/RFP process effective for selecting development partners. Ownership of land can be retained with long-term land leases. Eagle County, Vail, Breckenridge, Boulder Land Banking Acquiring land for eventual housing development when specific project is not known. Summit County, Vail, Boulder County, Breckenridge, Telluride Buy Down of Market Homes Usually involves buying down units with public funds. Deed restrictions imposed for permanent affordability. Inability to obtain condo mortgages can result in units being rented. Public sector purchases can drive up prices for low-end market units. Breckenridge, Telluride, Whitefish MT No Net Loss Policy Requiring replacement of housing occupied by the workforce when redevelopment occurs. Similarly-priced units should be replaced on site or another site, or a fee - in-lieu of replacement could be allowed. Boulder, Basalt ATTACHMENT A Avon Housing Work Plan 2018-2021 Adopted_______ Page 8 of 8 APPENDIX C - Area Median Income for Eagle County 2018 Area Median Income for Eagle County, 2018 Household Size 1 2 3 4 5 6 AMI Classifications Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270 Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450 60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540 Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720 Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900 Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260 Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800 Source: CHFA Affordable Home Price Calculation by AMI, 2018 AMI % 30% 60% 100% 140% 200% Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600 Affordable Purchase price Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915 Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132 HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783 Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00% Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434 Max Affordable Price -5% down $92,000 $184,000 $307,000 $430,000 $614,000 Affordable Rent $587 $1,175 $1,958 $2,741 $3,915 Affordable purchase prices were calculated assuming that a household would have 5% for a down payment, and would qualify for a loan that 30% of their monthly income. HOA, property taxes and insurance of 20% where included. The max mortgage assumes an interest rate of 5.0%, which is about half point higher than prevailing rates for 30 -year fixed rate mortgages. Interest rates are rising, however, and will have a profound impact on housing affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price for a median income household by $30,000 to $35,000. ATTACHMENT A APPENDIX A – Timeline and Responsibilities Lead 2018 2019 2020 2021 Longer Term Housing Development and Retention Town Owned Property #1 - Wildwood Conduct Feasibility Avon - Planning Seek Development Partner(s)Avon - Planning Select partner Avon - Council Entitlement and finance TBD Construct TBD Evaluate purchase of additional land for housing Avon - Manager Cultivate Public Private Partnerships Avon - Manager Develop a housing preservation program Evaluate best practices from other communities Avon - Planning/TVHS Develop program guidelines for individual properties Avon - Planning/TVHS Explore mechanisms for mobile homes/multifamily properties Avon - Manager Town Owned Property #2 - Swift Gulch Confirm use for housing and conduct feasibility Avon - Planning Seek Development Partner(s)Avon - Planning Select partner Avon - Council Entitlement and finance TBD Construct TBD Invest in and maintain existing inventory Conduct capital assessment of DR ownership inventory Avon - Planning/TVHS Funding Review Current Revenue Streams and evaluate fund contributions Include annual allocation for housing in budget process Avon - Finance Approve fund transfers Avon - Council Seek opportunities for new funding sources Avon - Manager Housing Policy Review Code Opportunities - Accessory Dwelling Units, Short Term Rentals and Lock-offs, Commercial to Residential opportunities Assess current codes, best practices, opportunities to revise Avon- Planning Recommend code changes Avon- PZC Consider for Adoption Avon - Council Consider Mitigation/Linkage Updates and Inclusionary Housing Hire consultant(s)Avon- Planning Review current and previous ordinances and calculations Avon- Planning Analyze opportunities Avon- Planning Conduct outreach Avon- Planning Revise and recommend adoption Avon- PZC Consider for Adoption Avon - Council Formalize Fee Waiver Program Review Town of Avon building and planning fees Avon- Planning Review Town of Avon water/sewer tap structure Avon- Planning Codify requirements for waivers/reimbursements Avon- Council Participate in regional studies, site analysis, and employer forums Avon- Planning TVHS The Valley Home Store DR Deed Restricted Page 1 of 8 Avon Workforce Housing Plan 2018-2021 Prepared by Willa Williford for the Town of Avon “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit and recreate in the community.” - TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017 Introduction The Town of Avon seeks to build upon a long history as a high amenity year-round resort community, strengthening its vibrant and inclusive community culture. The current Comprehensive Plan sets the vision for a diversity of exciting opportunities for residents, businesses, and visitors. The current housing market, which offers very few opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. The potential community benefits of increasing workforce housing efforts to include: • More housing choices; • Increased economic stability and a more active year-round economy for local residents and businesses; • Greater ability to retain individuals and families throughout life and career phases, strengthening sense of community, opportunity, and quality of life; • Further the goals of the Climate Action Plan by reducing single occupant vehicle commuting; and • Greater opportunities for arts and culture to thrive. The Need Since the end of the recession jobs and population have been growing much more rapidly than housing inventory, creating many challenges: • Frustration for employees seeking housing; • Employers facing unfilled positions, turnover, higher training costs, and lost productivity; • Precipitous increases in home prices, well beyond the means of most local residents; • Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and • Negative impacts on individuals and families, who are spending a disproportionate amount of their income on housing, commuting long distances, and living in locations or situations that are not sustainable for the long term. Median price for all homes sold in 2017 was $438,000. Condos accounted for 71% of these sales, with a median price of $358,500. The median price for single family homes, duplexes and townhomes was $850,000. The home price affordable to a median income family is less than half that at about $316,000. Only four condominium units were on the market for $316,000 or lower in early 2018. The rental market is similarly challenging: vacancy rates have been approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River Valley. Avon Housing Work Plan 2018-2021 Adopted_______ Page 2 of 8 To meet the needs of local employees in the Eagle River Valley, over 4,000 additional homes will be required by 2020.1 In mid-valley, which includes Eagle Vail, Avon, and Edwards, 1,500 homes will be needed. Subsidies or public/private partnerships are anticipated to be required for the majority of these homes to be financially feasible and affordable to local employees. Avon and the mid-valley are highly desired locations for local households. In a recent survey of Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their first choice for where they want to live.2 The challenges with regard to housing need are significant. With this Plan, the Town of Avon is setting goals, objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be used to leverage opportunities and create partnerships. Strengths and Assets Avon has numerous assets related to housing opportunities to build upon successes and lessons learned from previous housing initiatives: • An inventory of 670 workforce housing units currently, about 90% of which are for rent; • An Affordable Housing Fund balance of about $570,000. This fund is anticipated to increase soon, and these resources can be leveraged to create housing opportunities that meet the goals of this Plan; • A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale homes; • Employee housing mitigation requirements for some new commercial development; • Successful PUD negotiations to provide deed restricted housing resulting in 63 perpetually restricted units to date; • History of regional collaboration with public sector, non-profit and private sector on housing issues; • Significant inventory of attainable free market housing; • Significant opportunities for development and redevelopment, with water rights, transit access and existing density on vacant and underutilized private parcels; • Commercially zoned land that may also be appropriate for residential development; and • Adopted Comprehensive Plan, which sets workforce housing as top policy priority. Goals and Objectives The Comprehensive Plan sets two housing goals (each with numerous supporting policies): • Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. 1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford 2 Ibid. Avon Housing Work Plan 2018-2021 Adopted_______ Page 3 of 8 • Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Goals and Objectives of this Housing Plan are as follows: • Focus on increasing deed restricted homeownership opportunities at $430,000 and below (equivalent to 140% Area Median Income for a household of three people). • Grow the inventory of homeownership more quickly then rental housing, to create a more balanced portfolio, with a long-term goal of about 50% rental, 50% ownership. • When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 60-140% AMI level. • Stabilize or increase the percentage of year-round residents; currently 55% of all homes in Avon are occupied by year-round residents. • Stabilize or increase the percentage of employees who live and work in Avon. • Seek to add at least 50 deed restricted units to the inventory by 2021. • As sites redevelop, strive for “no net loss” of units in the target AMI range, and when possible, an increase of housing serving the local workforce. • Review and re-evaluate goals and objectives in late 2021 or early 2022. Tools and Strategies In order to achieve these goals and objectives, the following tools and strategies should be pursued. Tools and strategies are organized into three categories: Housing Development and Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix A. Housing Development and Retention A top priority is pursuing workforce housing development on Town owned land. Two parcels, identified in the Town of Avon Properties Plan, are appropriate to move forward with workforce housing development in the next three years. These sites are Wildwood and Swift Gulch. This Plan is recommending that public outreach, feasibility analysis, and conceptual design for Wildwood move forward this year. Planning Preliminary analysis for Swift Gulch can begin when there is a clear path forward for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be developed through public/private partnerships. Two strategies have been identified to preserve market rate attainable housing that is currently at risk of being lost to locals through rapid price increases and/or redevelopment. The first strategy is to “buy-down” attainable market rate units and preserve their affordability with a permanent deed restriction. Nearby precedents for this approach include Vail InDEED and Eagle Valley Ranch. This is a homeownership strategy. The second strategy is to secure explore mechanisms such as mobile home preservation, acquisition, and right of first refusal to preserve on properties that currently house local employees. A right of first refusal creates the opportunity for the Town to purchase and preserve these assets, if the owner decides to sell and the Town decides the property is a priority and is able to secure finance Avon Housing Work Plan 2018-2021 Adopted_______ Page 4 of 8 timely. This is a mobile home and multi-family housing strategy. This program development is anticipated to begin in 2019. Investing in and maintaining the current inventory of deed restricted housing is an important component of housing development and retention. Much of the affordable rental housing inventory has recently been renovated, however, the homeownership inventory is in need of capital planning and reinvestment. The Town of Avon has recently contracted with The Valley Home Store to assist with compliance monitoring and re-sale of deed restricted properties. The next phase of this effort will be to conduct a capital needs assessment of the homeownership assets and make a plan for funding and implementing capital improvements. This effort is anticipated to begin in 2020. Cultivating additional public private partnerships and seeking to purchase additional land for workforce housing are additional strategies that will be ongoing. Funding Local funding is a key ingredient to building and maintaining workforce housing. Investing (or “leveraging”) local funds is essential to attracting the outside funding sources such as grants, loans, tax credits and private investments that, when combined, make housing development financially feasible. Currently, the Avon Housing Fund has a balance of about $570,000. It is anticipated that those funds will be invested in the efforts outlined in this Plan, and that additional funds will be needed moving forward. A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine if additional funds can be directed to housing efforts through the annual budgeting process. This review will begin at the end of 2018.Depending on the outcome of the first step, the second step be to seek opportunities for new funding sources, which could include approaches such as increased linkage fees, regional collaboration, and/or a local ballot initiative. Public private partnerships are also a funding strategy, generating potential access to grants, below market loans, and resources such as the Low Income Housing Tax Credit. Housing Policy The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable for workforce housing. The Town has a strong track record in including workforce housing in PUD approvals. The Town will continue to encourage, and, in some instances, require workforce housing in new planning approvals. Initiatives to update and strengthen housing policies will include: • Review existing code for opportunities to increase the year-round occupancy of the existing housing stock, including consideration of short term rental, accessory dwelling unit, and lock-off incentives and regulations. • Update mitigation/linkage policies to be more proactive in addressing workforce housing needs. Current policies are limited to very narrowly defined locations and development requests, and the current mitigation rate is low compared with peer communities. • Consider implementing an inclusionary housing policy. Inclusionary housing was considered in the 2010 code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable to the local workforce. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to better Avon Housing Work Plan 2018-2021 Adopted_______ Page 5 of 8 understand how the two tools complement each other, support policy goals, and maintain a level playing field for commercial and residential development. • Conducting a comprehensive review of fees associated with new construction including entitlements and water/sewer taps. This review will look at bothfocus on Town of Avon and Eagle River Water and Sanitation District fee structures and how the Town might reimburse fees imposed by Eagle River Water and Sanitation District will be a collaborative process between the two agencies to recommend updates. A goal of the process will be to align fees with workforce housing policy goals, as well as formalize a fee waiver/reimbursement process for workforce housing that meets defined criteria. The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle River Valley. In pursuit of workforce housing, the Town will continue to participate in regional studies, seek opportunities to participate in regionally significant workforce housing developments beyond Town boundaries, and participate in employer forums, and be an advocate for other regional initiatives. Leadership and Responsibilities The work of furthering workforce housing in Avon is currently shared among several Town departments and outside partners. The Town Council sets goals, budget, workplan and adopts new regulations and approves or denies land use requests. Working on behalf of the Council, the Town Manager’s office is responsible for public/private partnerships, and long-range planning and strategy. The Planning OfficeCommunity Development Department is responsible for existing and proposed inventory, PUD processes, permits and fees, and land use code related initiatives. Revenue sources, budgeting, financing and bonding are supported by the Town Finance Director. The Town contracts with The Valley Home Store for deed restriction monitoring, compliance, and sales of deed restricted properties. This structure is proposed to remain in place, with additional capacity contracted from time to time. These responsibilities are further defined in Appendix A. Investment Criteria As the Town of Avon seeks to deploy current and future Housing Fund balance to increase workforce housing opportunities, the Town will evaluate the opportunity based on the following criteria: 1. Does the proposed project meet the goals and objectives of the Comp Plan and this Housing Plan? 2. Does the investment fill a gap that would otherwise keep the proposed project from moving forward? 3. Does the project encourage resource conservation, energy efficiency and sustainable development? Does the location offer access to multi-model transportation options and other services? 4. Is there participation from other regional partners, public and/or private? Avon Housing Work Plan 2018-2021 Adopted_______ Page 6 of 8 Avon Housing Work Plan 2018-2021 Adopted_______ Page 7 of 8 APPENDIX B – Definitions and Best Practices Topic Definition Best Practices Inclusionary Housing A percentage of residential units in new subdivisions/PUDs are workforce housing. Market homes support workforce units. Only effective if new subdivisions/PUDs are developed/ redeveloped. Carbondale, Eagle, Eagle County, San Miguel County Linkage/Mitigation Requiring new homes and/or commercial development to contribute to workforce housing relative to demand generated by the new construction. For residential, mitigation rate often increases with house size, and deed restricted units are typically exempt. Fees in lieu provides revenue stream that fluctuates with building activity. Documented relationship between fee and impact required. Telluride, Aspen, Mt. Crested Butte Fee Waivers Water/sewer tap fees, building permit or other fees waived in part or whole to reduce cost to build affordable housing. General funds or other source need to cover cost of fees waived. Breckenridge, Crested Butte Dedicated Funding Source Funding is a core component of building housing and running successful housing programs. Few programs begin with funding; rather finding funding is an incremental process that goes hand in hand with creating goals and objectives, developing policies, securing appropriate land for housing, and moving forward with public/private partnerships. Dedicated funding sources take many forms including grants, fee in lieu payments, taxes, voluntary assessments, proceeds from rents or sales. Summit County, Steamboat Springs, Crested Butte, Aspen, Telluride Public/Private Partnerships Partnering with developers to build homes, typically on publicly-owned sites, or using other public resources such as property tax exemption. RFQ/RFP process effective for selecting development partners. Ownership of land can be retained with long-term land leases. Eagle County, Vail, Breckenridge, Boulder Land Banking Acquiring land for eventual housing development when specific project is not known. Summit County, Vail, Boulder County, Breckenridge, Telluride Buy Down of Market Homes Usually involves buying down units with public funds. Deed restrictions imposed for permanent affordability. Inability to obtain condo mortgages can result in units being rented. Public sector purchases can drive up prices for low-end market units. Breckenridge, Telluride, Whitefish MT No Net Loss Policy Requiring replacement of housing occupied by the workforce when redevelopment occurs. Similarly-priced units should be replaced on site or another site, or a fee - in-lieu of replacement could be allowed. Boulder, Basalt Avon Housing Work Plan 2018-2021 Adopted_______ Page 8 of 8 APPENDIX C - Area Median Income for Eagle County 2018 Area Median Income for Eagle County, 2018 Household Size 1 2 3 4 5 6 AMI Classifications Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270 Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450 60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540 Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720 Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900 Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260 Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800 Source: CHFA Affordable Home Price Calculation by AMI, 2018 AMI % 30% 60% 100% 140% 200% Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600 Affordable Purchase price Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915 Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132 HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783 Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00% Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434 Max Affordable Price -5% down $92,000 $184,000 $307,000 $430,000 $614,000 Affordable Rent $587 $1,175 $1,958 $2,741 $3,915 Affordable purchase prices were calculated assuming that a household would have 5% for a down payment, and would qualify for a loan that 30% of their monthly income. HOA, property taxes and insurance of 20% where included. The max mortgage assumes an interest rate of 5.0%, which is about half point higher than prevailing rates for 30 -year fixed rate mortgages. Interest rates are rising, however, and will have a profound impact on housing affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price for a median income household by $30,000 to $35,000. Sign Code Work Session 1 Staff Report –Sign Code Update Project type: Sign Code Update Report Date: June 19, 2018 Location: Prepared By: Throughout Town David McWilliams, Town Planner Introduction An update to the Avon Sign Code (Chapter 15.28) is long overdue. The Avon Sign Code was originally adopted in 1986 and has been left largely untouched. Updates are necessary in order to better respond to changing aesthetic ideals and changes to the interpretation of the law. Aside from making it more current, staff proposes moving the Sign Code from the Buildings and Construction chapter to the Development Code chapter for ease of reference. This work session seeks to clarify what the current Code does and does not include, and to determine a set of priorities that staff can address in the rewrite process. Questions for PZC General code: Should certain sign construction types be required or disallowed from town? Currently, Code encourages, “interior-lit, individual Plexiglas-faced letters; or three-dimensional individual letters with or without indirect lighting” with quality materials. Are other types more favored? Are there types that should be banned? Sign Programs: They are used around town to grant properties more area or other advantages than would be allowed with following the Sign Code. What guidance should be codified to make desired and undesired outcomes clearer? Should certain sign types be disallowed from a program? Sign Program Amendments: How should amendments be phased? Should there be staff level review of certain amendments? Should individual tenants be allowed to apply for an amendment? If yes, what kinds of support from the HOA or property owner should be required? Other considerations? Schedule Staff anticipates a series of work sessions to hone in on desired changes that work towards a viable strikethrough, followed by a public hearing, and then final action by Council with an Ordinance. The target completion date is November 9th. Sign Code Work Session 2 Sign Code Update Draft Schedule June 19, 2018 Work session: Staff will present the state of the sign code, detail changes in the law, and their experience with administration of the program. PZC will be asked their opinion on what direction sign code amendments should take. Eric Heil will present legal considerations of the sign code. July 17, 2018 Work Session: Staff will present a draft code to PZC for their review. Feedback given will be used to produce a final draft. August 21, 2018 Work Session: Staff will present a draft code to PZC for their review. Feedback given will be used to produce a final draft. September 4, 2018 Public Hearing: Staff will present the final draft and PZC will vote on its recommendation for adoption. September 25, 2018 Town Council First Reading October 9, 2018 Town Council Second Reading November 9, 2018 Sign Code Adopted Sign Code Work Session 3 A Sample of Recently Installed Signs, and Others Sign Code Work Session 4 Sign Code Work Session 5 CHAPTER 15.28 - Sign Code 15.28.010 - Short title. This Chapter shall be known as, and may be cited as, the "Sign Code of the Town of Avon." (Ord. 86-3 §1(part)) 15.28.020 - Definitions. For the purposes of this Chapter, the following words shall have the following meanings: Building front means the lineal distance along the exterior face of a structure housing an individual business or businesses that is adjacent to and most nearly parallel to a lot front. A building shall be considered to have as many building fronts as the property upon which it is situated has lot fronts. Handbill means a written or printed notice or advertisement, traditionally distributed by hand, but, for the purposes of this Chapter, shall also include all such notices or advertisements when posted, tacked or otherwise affixed to poles, posts or other public fixtures. Individual business lot means a business located on a separate lot and contained in a single building or area. Joint directory means a sign which may list tenants in a building, and/or may be used as a guide for persons to the location of an individual or tenant in a complex or building. Lot front means the portion or portions of a property line that are contiguous to a public street or mall. Multiple business lot (business center) means a lot or series of lots, buildings or units containing separate businesses that are attached or physically related and operated as a group. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads and luminous paint. Sign means an identification, description, logo, illustration or device that is affixed to, or represented directly or indirectly upon, a building, structure or land, and that directs attention to a product, place, activity, person, institution or business. Sign area means the entire surface within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure or a similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The sign area for signs with display area on more than one (1) side shall be the largest total area of all sides which could be visible from a single point. Sign, business means a sign that directs attention to a business, profession, service, product, activity or entertainment, sold or offered upon the premises where such sign is located. Sign, commercial lot entrance means a sign that is placed at an entrance to a commercial lot, that identifies the primary vehicular entrance. Sign may include the name of the property or business, in addition to directional information. Sign, component means a sign that is composed of more than one (1) individual sign, on a common background or structure. Sign, development means a sign with the intent to identify a proposed project or project under construction, or potential development on vacant land. Sign, directional means a sign that is located on the property to which it relates, and that only gives direction and information for traffic (pedestrian and vehicular) control. Sign, freestanding means a single- or multi-faced sign affixed to a supporting structure, or embedded in and extending from the ground, or detached from the building. Allowable size may include supporting structure. Sign, home occupation means a sign that advertises a home occupation in a residence. Sign, illuminated means any sign designed to give forth any artificial light, or designed to reflect such light from an artificial source. Sign, indirectly illuminated means any illuminated sign for which illumination is derived entirely from an external, artificial source. Sign, kiosk means a freestanding, permanent structure that contains a sign or signs that serve and relate to exclusively pedestrian areas. Sign, political means a sign that advertises or refers to persons or issues involved in official elections. Sign, portable means a sign that is not permanently affixed to a post, wall, fence, building or other structure. A sign on a self-contained stand or vehicle of any sort, located and used for commercial purposes. Sign program means a comprehensive, narrative description of allowed sign types, and scaled drawings of any building, lot, parcel, collection of parcels or other premises, showing the number, size, description, color, materials and location of all signs thereon. Sign, projecting or hanging means any sign attached to a building and extending, in whole or in part, more than eight (8) inches. Allowable size does not include supporting structure. Sign, public means a sign, located within a right-of-way of a public street or road, that gives direction or information for a public use area, including parks, schools, churches, public meeting rooms, fire stations, hospitals, government buildings or other public places or activities. Sign, real estate means a sign for the intended purpose of selling, leasing or renting property. Sign, residential project entrance means any sign that identifies a subdivision or residential building or buildings. Sign, temporary means any sign, banner, pennant or other device that directs persons to a special event, location or offering, that is not permanent in nature. Sign, wall means any sign painted on, or attached parallel to, the wall facing of a building and projecting not more than eight (8) inches. Sign, window means a sign affixed on, or located within thirty-six (36) inches of the interior surface of a window fronting a public way. (Ord. 88-6 §l; Ord. 86-3 51 (part)) 15.28.030 - Prohibited signs. The following signs shall not be permitted, erected or maintained in the Town: (1) Signs that incorporate projected images, emit any sound that is intended to attract attention or involve the use of live animals; (2) Signs not permanently affixed or attached to the ground or to any structure, except for window signs, temporary barriers utilized for emergency purposes and temporary signs, in accordance with this code; (3) Any sign or structure that: a. In any way obstructs the view of, may be confused with or purports to be, an official traffic sign, signal or device or any other official sign; or b. Creates in any other way an unsafe distraction for motor vehicle operators; or c. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway or other thoroughfare; or d. Is unsafe or constitutes a hazard to safety or health for any reason; or e. Is not kept in good repair; (4) Any sign that obstructs free ingress to, or egress from, a required door, window, fire escape or other required exit way; (5) Off-premises advertising signs; (6) Any sign not pertinent and clearly incidental to the permitted use on the property where located; (7) Any sign that is in violation of any county, state or federal regulation; (8) Distribution of handbill advertisements placed on autos, poles, buildings, etc., not authorized by the Town; (9) Private signs in the public right-of-way; (10) Any prohibited, illegal or nonconforming sign, as defined herein. (Ord. 86-3 51(part)) 15.28.040 - Exempted signs. The provisions of this Chapter shall not apply to the following signs: (1) Memorial signs or tablets, not exceeding two (2) square feet of total area, and permanently attached to the building, listing name of building and date of erection; (2) Official governmental notices, notices posted by governmental officers in the performance of their duties and governmental signs to control traffic, to identify streets, to warn of danger or for other purposes; (3) Temporary decorations or displays when they are clearly incidental to, and are customarily and commonly associated with, any national, local or religious holiday or celebration, provided that such decorations are maintained in an attractive condition and do not constitute a fire hazard, as determined by the administrator; (4) Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices; (5) Any sign located in the Town, currently maintained in satisfactory condition, that was approved and erected under previous regulations, unless it is determined to be nonconforming or illegal as hereinafter defined; (6) The use or operation of nonconforming or illegal signs shall be terminated as follows: a. By obsolescence. At such time as any sign becomes obsolete. A sign becomes obsolete with the discontinuance of the business, service or activity that it advertises; removal of the business or activity from the location to which it directs; or for other similar reasons, provided, however, that this provision shall not apply to seasonal closings; b. By abandonment. Abandonment of a nonconforming sign shall terminate immediately the right to use or operate such sign; c. By destruction, damage or alteration. The right to continue use or operation of any nonconforming sign shall terminate whenever the sign is altered in any way, or damaged or destroyed by more than fifty percent (50%) of its replacement value; d. By violation of this Title. Any violation of this Title shall terminate immediately the right to continue a nonconforming sign; e. By condemnation. The Town Council may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning and Zoning Commission; f. By amortization. The right to continue to use or operate a nonconforming sign shall terminate five (5) years after the effective date of the ordinance codified in this Chapter or the annexation of the area in which the sign is located to the Town. (Ord. 86-3 51(part)) 15.28.050 - Sign code administration. (a) Establishment of sign code administrator. There is established a sign administrator of the Town, to be a member of the Town staff, appointed by the Town Manager, designated to administer and enforce this Chapter. (b) Application and approval required. Applications that require review by the Planning and Zoning Commission: (1) Application for design review approval of a sign shall be made in accordance with the procedures, rules and regulations of the Planning and Zoning Commission and the sign code. Design review of all new buildings or projects shall include design review of all proposed signs or a sign program. (2) In the case of multiple businesses on a lot, or a business center including more than one (1) business under separate lease, the applicant shall submit a sign program for signing of the entire building, buildings or business center. Upon approval of such a sign program by the Planning and Zoning Commission, and upon determination by the sign administrator that an individual sign complies with the program, an installation permit for that sign shall be approved by the sign administrator. (c) Application procedures—sign installation permit required. A sign installation permit shall be required, prior to the placing, erecting, moving, reconstructing, altering or displaying of any sign within the incorporated limits of the Town, unless expressly exempted by the provisions of this Code. Application, and appropriate installation permit fees, as determined in accordance with the International Building Code fee structure, shall be filed with the sign administrator by the owner of the building or his/her authorized agent. Said applications shall contain, or have attached thereto, the following information: (1) The name and address of the owner or other person in control or possession of the real property upon which the sign is to be constructed, erected, operated, used, maintained, posted or displayed; (2) The name of the person, firm, corporation or association erecting the structure, the total area of the proposed sign, in square feet, and the height of the proposed sign structure from ground level; (3) The legal description of the property upon which said sign is to be located; (4) The type of sign (i.e. freestanding, hanging, projecting, etc.); (5) The proposed location of the sign on the property identified, and the location and total surface area of all other permitted signs existing on the property or buildings; (6) Three (3) copies of detailed drawings, drawn to scale, containing complete plans and specifications to show methods of construction and anchoring to building or ground; (7) The sign elevation, which must indicate overall and letter/figure dimensions, colors, materials, proposed copy and illumination; (8) A site plan, which must indicate all signs existing or proposed for the site, with dimensions, colors, materials, copy, illumination and required landscaping; (9) Building elevation, with sign depicted. (Ord. 86-3 51 (part)) 15.28.060 - Sign design guidelines. (a) Harmonious with Town scale. Sign location, configuration, design, materials and colors should be harmonious with the existing signs on the structure, with the neighborhood and with the Townscape. (b) Harmonious with building scale. The sign should be harmonious with the building scale, and should not visually dominate the structure to which it belongs or call undue attention to itself. (c) Materials. Quality sign materials, including anodized metal; routed or sandblasted wood, such as rough cedar or redwood; interior-lit, individual Plexiglas-faced letters; or three-dimensional individual letters with or without indirect lighting, are encouraged. Sign materials, such as printed plywood, interior-lit box-type plastic and paper or vinyl stick-on window signs are discouraged, but may be approved, however, if determined appropriate to the location, at the sole discretion of the Planning and Zoning Commission. (d) Architectural harmony. The sign and its supporting structure should be in harmony architecturally, and in harmony in color with the surrounding structures. (e) Landscaping. Landscaping is required for all freestanding signs, and should be designed to enhance the signage and surrounding building landscaping. (1) A minimum of five (5) lineal feet out from, and around the perimeter of, the sign shall be landscaped. (f) Reflective surfaces. Reflective surfaces are not allowed. (g) Lighting. Lighting should be of no greater wattage than is necessary to make the sign visible at night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed in such a manner that direct light does not shine in a disturbing manner. (h) Location. On multi-story buildings, individual business signs shall generally be limited to the ground level. (Ord. 86-3 51(part)) 15.28.070 - Design review criteria. The Planning and Zoning Commission shall consider the following items in reviewing proposed designs: (1) The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; (2) The nature of adjacent and neighboring improvements; (3) The quality of the materials to be utilized in any proposed improvement; (4) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; (5) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; (6) Whether the type, height, size and/or quantity of signs generally complies with the sign code, and are appropriate for the project; (7) Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. (Ord. 86-3 51 (part)) 15.28.080 - Sign allowance. Signs are permitted as follows: (1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per lineal foot of building front. (2) Multiple business lot signs. a. Total building or project identification sign area shall not exceed one (1) square foot per lineal foot of building front for the first thirty-two (32) feet and one-third (?) square foot per lineal foot of building front in excess of thirty-two (32) square feet. Total building or project identification sign area shall not exceed a maximum of sixty-four (64) square feet per lot front unless approved as part of a sign program by the Planning and Zoning Commission. b. Each individual ground-level business shall be permitted four (4) square feet of sign area in pedestrian-oriented locations or twenty (20) square feet of sign area in vehicular-oriented locations. The Planning and Zoning Commission shall make the determination with regard to the orientation of location. c. Total sign allowance for an individual business may be increased by a sign program approved by the Planning and Zoning Commission. Generally the increased total sign allowance shall not exceed one (1) square foot of sign area per lineal foot of the portion of building front that is contiguous to the interior space occupied by the individual business. (3) Multiple signs. More than one (1) sign may be permitted, in writing, by the Planning and Zoning Commission, provided the total sign area does not exceed the total allowed for the lot or building. (4) Kiosks. Kiosks shall be located only in exclusively pedestrian-oriented areas. The display area shall not exceed six (6) feet in height, and shall not exceed four (4) feet in any horizontal direction. (5) Window signs. Window signs are permitted, provided that no more than twenty-five percent (25%) of the exterior window area is covered by signs, and further provided that the wording thereon is not repetitious of other signs in the immediate vicinity. Window signs conforming with this criteria may be approved by the sign administrator without review by the Planning and Zoning Commission. (6) Component signs. Component signs are permitted provided that the total area does not exceed the permitted maximum for any building or lot calculated cumulatively with all other signs. (7) Development signs. Development signs are permitted, provided that: a. Only one (1) sign per parcel, lot or group of contiguous lots under one (1) ownership, not to exceed sixteen (16) square feet of display area and eight (8) feet in height; b. Signs must be removed within thirty (30) days of land sale or upon issuance of a certificate of occupancy; c. In no case may a sign be retained for more than two (2) years unless an extension is granted by the Planning and Zoning Commission; d. The sign administrator may issue a permit for a development sign meeting these criteria without Planning and Zoning Commission review; e. Development signs not meeting these criteria may be approved by the Planning and Zoning Commission only upon a determination by the Planning and Zoning Commission that a variance should be granted pursuant to Section 15.28.090(b) of this Code. (8) Real estate signs. Real estate signs are allowed, as follows: a. Multi-family buildings containing three (3) or more residential units: 1. Signs not exceeding two (2) square feet of area may be displayed from inside a window. b. Single-family, duplex and vacant land: 1. Only standard signs, of licensed real estate companies, are allowed; 2. Sign area shall not exceed six (6) square feet per side; 3. No more than one (1) sign, per tract of land under single ownership, may be displayed. c. Real estate signs meeting the above criteria may be installed without review or permit. Proposed real estate signs not meeting the above criteria shall be considered under regulations for development signs. (9) Residential project entrance signs. Residential project entrance signs are permitted; provided that: a. One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square feet in area and eight (8) feet in height; b. One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and eight (8) feet in height. (10) Political signs. Political signs are permitted, provided that: a. Sign shall not be installed more than ninety (90) days before the election or event to which it relates; b. Signs shall be removed within ten (10) days following the election or event to which they relate; c. No permit or approval shall be required if the above conditions are met. (11) Lot entrance signs. Lot entrance signs are permitted, provided that: a. A maximum of one (1) sign per entrance is permitted; b. Sign shall not exceed five (5) feet in height and four (4) square feet of display area. (12) Temporary signs. Temporary signs are permitted, provided that: a. A business may display, on a one-time basis for not more than thirty (30) days, one (1) temporary sign per calendar year. Such temporary sign shall have a maximum area of not more than thirty-five (35) square feet. b. In addition to permissible temporary signs as set forth in subparagraph a of this Section, during the permitting and installing process for a business's permanent identification sign, such business may display one (1) temporary sign with a maximum area equal to the business's permanent identification sign's allowable square footage. Such temporary sign will be allowed to remain in place for not more than thirty (30) days. c. The sign administrator may issue a permit for a temporary sign meeting the criteria in Subparagraphs a and b of this Section without Planning and Zoning Commission review. d. Temporary signs not meeting the criteria in Subparagraphs a and b of this Section may be approved by the Planning and Zoning Commission only upon a determination by the Commission that a variance should be granted pursuant to Section 15.28.090. (13) Joint directory signs. Joint directory signs are permitted, provided that: a. Sign area for individual tenants shall not exceed one (1) square foot; b. Total sign area shall not exceed twenty-five (25) square feet. (14) Freestanding signs. Freestanding signs will generally be allowed only in vehicular-oriented areas. In general, sites shall be limited to one (1) freestanding sign with an area of forty (40) square feet and a height of eight (8) feet. The Planning and Zoning Commission shall have discretionary powers to approve more than one (1) freestanding sign when a property has entrances from more than one (1) front lot line. The Planning and Zoning Commission shall also have discretionary powers to approve a freestanding sign with a maximum total area of sixty- four (64) square feet and a maximum height of twenty (20) feet. Freestanding signs may not exceed the height of the tallest building on the site. (15) Setback limitation. Freestanding signs shall be set back at least ten (10) feet from all lot lines. (16) Sign programs. Sign programs are encouraged for all projects, and are required as a part of the design review process for all proposed projects. Sign programs shall be in accordance with: a. Sign programs shall be compatible with the site and building, and should provide for a similarity of types, sizes, styles and materials for signs within a project. Several alternatives for signage should be included in the program so as not to be so restrictive as to eliminate individuality. b. Sign programs may be proposed or changed only by the owners of the building or the owners' association. Sign program changes or proposals may not be made by an individual business. c. Proposed signs, not in accordance with an approved sign program, will only be considered by the Planning and Zoning Commission upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners' association. d. All sign programs shall be in written and plan form. Plans shall indicate size, location, type and number of signs for the site and buildings. e. Programs may include limitations on wording, colors, design, lighting, materials and other restrictions, and deemed appropriate by the applicant. (Ord. 98-3 §IV; Ord. 88-6 §§2, 3; Ord. 86-3 §1(part)) 15.28.090 - Maintenance, variances, construction code. (a) Sign maintenance, repair and removal. (1) Violation—notice. If the sign administrator finds that any sign is maintained in violation of the provisions of this Code, said administrator shall give written notice of the violation, by certified mail, to the owner or person entitled to possession of the sign, or the owner of the property where the sign is located. (2) Failure to comply—Town abatement. If the person fails to alter or remove the sign so as to comply with this Code within fifteen (15) days after receipt of the notice, the sign administrator may cause the sign to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon determination of the expenses, certify them to the Town Clerk. (3) Lien. The Town Clerk shall notify the owner or person entitled to possession of the sign or property of the total costs incurred for the alteration or removal of the sign. If that person fails, within thirty (30) days after the date of notification, to pay the entire costs and expenses of the repair, alteration or removal, then the costs and expenses shall become a lien against the property, and the Town Clerk shall certify them to the County Treasurer for collection in the same manner as general property taxes are collected. (4) Costs. The amount certified by the Town Clerk to the County Treasurer for collection shall include the actual cost of repair or removal of the sign plus fifteen percent (15%), and, in addition thereto, shall include an amount equal to ten percent (10%) representing penalty and interest for the cost of collection. (5) Maintenance required—enforcement. All signs in the Town shall be properly maintained, to the satisfaction of the Planning and Zoning Commission, at all times. The Commission shall have the authority to order the painting, repair or removal of a sign, and accompanying landscaping, that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Their decision shall be subject to review by the Town Council, in accordance with the provisions of Chapter 2.16. Notification shall be by certified mail. If, within fifteen (15) days, the maintenance orders are not complied with, the sign administrator may order the sign removed, at the owner's expense, under the provisions of Subparagraphs (1) through (4) of this Subsection. (b) Variances. (1) Purpose. The Planning and Zoning Commission shall have authority to grant variances from this regulation to prevent or lessen such practical difficulties and unnecessary physical hardships, inconsistent with the objectives of this Chapter, as would result from strict or literal interpretation and enforcement. (2) Approval criteria. Before acting on a variance request, the Planning and Zoning Commission shall consider the following factors: a. The relationship of the requested variance to existing and potential uses and structures in the vicinity; b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; c. Such other factors and criteria as the Planning and Zoning Commission deems applicable to the requested variance. (3) Findings required. The Planning and Zoning Commission shall make the following findings before granting a variance: a. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity; b. That the variance is warranted for one (1) or more of the following reasons: 1. The strict or literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter, 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity, 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity. (4) Conditional granting. The granting of a variance may be conditioned on action by the applicant. (c) Construction code. The International Building Code , and the codes incorporated therein, shall be used in determining the use of materials and construction methods in the erection or placement of signs. No sign shall be placed unless or until construction plans have been approved by the Planning and Zoning Commission, and a building permit has been issued by the sign administrator, unless the sign is exempted herein. (Ord. 04-07 §9; Ord. 86-3 §1(part)) 15.28.100 - Liability not relieved. The provisions of this Title shall not be construed as relieving, or limiting in any way, the responsibility or liability of any person, firm or corporation erecting or owning any signs from personal injury or property damage resulting from the placing of the sign, or resulting from the negligence or willful acts of such person, firm or corporation, his, her or its agents, employees or workmen, in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued under the provisions of this Chapter; nor shall it be construed as imposing upon the Town, its officers, employees or the Planning and Zoning Commission, any responsibility or liability by reason of the approval of any signs, materials or devices under the provisions of this Chapter. (Ord. 86-3 §1(part)) 15.28.110 - Penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 07-03 §18; Ord. 02-08 §8; Ord. 86-3 §1(part)) 15.28.120 - Captions. The captions and paragraph headings used throughout this Chapter are for the convenience of reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretations, construction or meaning of any provision to, or the scope of intent of, this Chapter. (Ord. 86-3 §1(part))