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TC Packet 09-25-2018 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 25, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA * AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL. 4. ACTION ITEMS 4.1. PUBLIC HEARING AND ACTION ON MAJOR DEVELOPMENT PLAN APPLICATION FOR RIVERFRONT LODGE ON LOT 4, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 4.2. APPROVAL OF RESOLUTION 18-15, SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND (DEPUTY TOWN MANAGER PRESTON NEILL) (15 MINUTES) 4.3. RESOLUTION 18-17, OPPOSING AMENDMENT 74 (TOWN ATTORNEY ERIC HEIL) (15 MINUTES) 4.4. RESOLUTION 18-16, SUPPORTING PROPOSITION 110 “LET’S GO, COLORADO,” TO INCREASE FUNDING FOR STATEWIDE AND LOCAL TRANSPORTATION NEEDS (MOBILITY DIRECTOR EVA WILSON) (15 MINUTES) 4.5. APPROVAL OF MINUTES FROM SEPTEMBER 11, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) (5 MINUTES) 4.6. APPROVAL OF MINUTES FROM SEPTEMBER 19, 2018 COUNCIL RETREAT (DEPUTY TOWN MANAGER PRESTON NEILL) (5 MINUTES) 5. WORK SESSION 5.1. REVIEW AND DIRECTION IN REGARD TO 2019 SPECIAL EVENTS FUNDING, AS RECOMMENDED BY THE AD HOC SPECIAL EVENTS COMMITTEE (AHSEC CHAIR BOBBY BANK) (40 MINUTES) 5.2. REVIEW AND DIRECTION ON 2019 FUNDING REQUEST TO SUPPORT THE EAGLE-HOLY CROSS RANGER DISTRICT (15 MINUTES) 6. WRITTEN REPORTS 6.1. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 6.2. ABSTRACT FROM SEPTEMBER 18, 2018 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 6.3. GIFT REPORTING – ZOPPE ITALIAN FAMILY CIRCUS TICKETS (DEPUTY TOWN MANAGER PRESTON NEILL) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8. ADJOURNMENT _________________________________________________________________________________________________________________________________________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 25, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: FIRST DESCENTS EVENT NAME: MAN OF THE CLIFF EVENT DATE: OCTOBER 13, 2018; 8:00 A.M. UNTIL 10:00 P.M. OCTOBER 14, 2018; 8:00 A.M. UNTIL 06:00 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: DANITA DEMPSEY PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: PAZZO’S WEST INC. D/B/A PAZZO’S PIZZERIA LOCATION: 82 E. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: MARK COLWELL 5.2. APPLICANT: VAIL VALLEY MEXICAN FOODS LLC D/B/A AGAVE LOCATION: 1080 W. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: RICHARD WHEELOCK 6. APPROVAL OF THE MINUTES FROM SEPTEMBER 11, 2018 MEETING 7. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Jake Wolf and Amy Phillips. Matt Gennett and Megan Burch were absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Public Works Director Gary Padilla, Deputy Town Manager Preston Neill and Secretary Debbie Hoppe. 2. APPROVAL OF AGENDA There were not changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT Start time: 01:09 4.1. Applicant Name: Town of Avon Event Name: Community Picnic Event Date: September 13, 2018; 5:00 p.m. until 8:00 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Louise Duncan Permit Type: Malt, Vinous & Spirituous Liquor Chairwoman Fancher opened the public hearing and no comments were made. Louise Duncan was present to answer any questions. Board member Gennet arrived at 5:02 p.m. Board member Prince moved to approve the special event permit for the Town of Avon Community Picnic on September 13, 2018. Board member Gennett seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. 5. RENEWAL OF LIQUOR LICENSES Start time: 02:35 5.1. Applicant: Dillon Companies Inc. d/b/a City Market #26 Location: 0072 Beaver Creek Place Type: 3.2 % Beer Off Premises Manager: Jeff Gentilini The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for Dillon Companies Inc. d/b/a City Market #26. Board member Prince seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. 5.2. Applicant: Krusen Inc. d/b/a Avon Liquors Location: 100 W. Beaver Creek Blvd. Type: Liquor Store Manager: Brian Kruse TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 The application was presented with no concerns. Brian Kruse was present to answer any questions. Board member Prince moved to approve the renewal application for Krusen Inc. d/b/a Avon Liquors. Board member Wolf seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. 5.3. Applicant: Suncor Energy Sales Inc. d/b/a Shell Location: 0047 Nottingham Road Type: 3.2 % Beer Off Premises Manager: Anakut Loya The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for Suncore Energy Sales Inc. d/b/a Shell. Board member Gennett seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. 5.4. Applicant: WVO Licensing LLC d/b/a Wyndham Resort at Avon Location: 75 Benchmark Road Type: Resort Complex Manager: Scott Martin The application was presented with no concerns. Board member Gennett moved to approve the renewal application for WVO Licensing LLC d/b/a Wyndham Resort at Avon. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. 6. APPROVAL OF THE MINUTES FROM AUGUST 28, 2018 MEETING Start time: 06:21 Vice Chairwoman Smith Hymes moved to approve the minutes from the August 28, 2018 Liquor Authority meeting. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. 7. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. Board member Gennett seconded the motion and it passed unanimously by Board members present. Board member Burch was absent. The time was 5:07 p.m. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 3 RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ Lot 4, Riverfront Subdivision – Major Development Plan Application 1        TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Matt Pielsticker, AICP, Planning Director  Meeting Date: September 25, 2018    Agenda Topic:  PUBLIC HEARING, MAJOR DEVELOPMENT PLAN APPLICATION FOR RIVERFRONT LODGE ON LOT 4,  RIVERFRONT SUBDIVISION  ACTION BEFORE COUNCIL  Action on a Major Development Plan Land Use Application for Riverfront Lodge on Lot 4, Riverfront  Subdivision.     PROPOSED MOTION  “I move to approve the Major Development Plan Application for Riverfront Lodge on Lot 4, Riverfront  Subdivision, with the findings and conditions listed in staff’s memo dated September 25, 2018.”    SUMMARY  The Avon Development Code requires final review of Major Development Plan applications, when located in  the Town Core, by the Town Council.  Before Council is action on a Major Development Plan Application that  includes a thirty‐six (36) unit condominium building in the Riverfront Subdivision.  The application was  reviewed by the Planning and Zoning Commission on September 18, 2018; the Planning and Zoning Commission  provided a unanimous (7‐0) recommendation for approval.  Attached to this report are the application  materials, as presented to the Planning and Zoning Commission.          AVAILABLE ACTIONS   Approve Application with staff and Planning Commission’s recommended motion.   Continue Public Hearing to October 9, 2018 Meeting (or any other hearing within 65 days)   Deny Application    STAFF RECOMMENDATION  Staff is recommending that the Town Council take the Planning and Zoning Commission’s recommendation  for approval, citing the following findings and conditions of approval:    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;   Lot 4, Riverfront Subdivision – Major Development Plan Application 2    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. A stormwater quality plan will be approved by staff before issuing a building permit;   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; and  4. An on‐site materials mockup will be presented for final review of building materials and colors.    ATTACHMENTS  PZC Materials: Staff Report, Application, and Design & Development Plan Drawings   September 18, 2018 PZC Meeting – Riverfront Property 1 Staff Report – Major Development Plan September 18, 2018 Planning and Zoning Commission Meeting Case #MJR18008 Project Type Major Development Plan Public Hearing Required Legal Description Lot 4 Riverfront Subdivision Zoning Planned Unit Development (PUD) Address 0254 Riverfront Lane Prepared By David McWilliams, Town Planner Staff Report Overview This staff report contains one application for consideration by the Planning and Zoning Commission (PZC): Major Development Plan with Design Review for a condo development with 36 units. Summary of Request CRP/ EWP Riverfront Avon Owner II, LLC (the Applicant) proposes a new development on Lot 4. This application presets the second phase of a four (4) phase project. This phase is located between the townhome developments, (currently under construction and also included in later review phases) the Timeshare west building, Riverfront Lane, and the Eagle river. The primary access will be along the new one-way driveway also used to access the other phase and connect to a 37-space garage. The building consists of a mix of studio, 2‐ and 3‐bedroom units. It will include two (2) deed restricted units per the 2017 PUD amendment. The buildings mainly feature shed roofs on the sides and a middle ridge. The property is zoned PUD and allow for the uses proposed in this application. Public Notice Notice of the public hearing was published in the September 7 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (AMC), and noticed for multiple meeting dates. Mailed notice is not required for this application type. Property Description Lot 4 is 57,355 square feet located within the Riverfront PUD. Most of Lot 4 is included in this development application; a portion was included in Phase I, approved earlier in 2018. The Riverfront PUD includes overall dwelling unit and site coverage requirements that span the entire PUD; the following table demonstrates continued compliance. September 18, 2018 PZC Meeting – Riverfront Property 2 Planning Analysis Lot Coverage, Setback and Easements: Lot 4 has the following building envelope and easements: Front Side Back (Eagle River) 10’ 0’ 75’ Easements – path, drainage, etc: The property has established easements on the south and east side for public pedestrian access, on established routes. There is a new easement proposed on the north side for roadway access. Building Height: The maximum building height permitted for this property is 95 feet and the applicant is proposing a maximum building height of 66’ – 6” according to the development plans. Grading Plan Staff requests stormwater quality treatment for the developed portions of the lot before building permits will be issued, which is included as a condition of approval for this application. Design Standards Analysis The PUD has its own Design Standards, which are elaborated on when applicable. In cases where the PUD is silent, AMC standards preside. Parking: The 36-unit development requires a total of one (1) parking space per unit, and the applicant proposes 37 spaces, which are provided in the garage. There are three (3) spaces in front of the building near the driveway entrance, as part of the Phase 1 review. Projects with over 25 parking spaces are required to provide bicycle parking facilities at a rate of one (1) bicycle parking space for every ten (10) vehicle parking spaces or a minimum of four (4) bicycle parking spaces. The applicant proposes five (5) bike parking racks with ten (10) total spaces on the north side of the building, thereby meeting the standard. Landscaping & Irrigation: The total landscape area proposed is 27,846 square feet, or 53% of the total area of the Phase II footprint (49% of Lot 4). 556 landscape units are required, and 583 units are proposed, primarily of blue spruce, fir, bristlecone pine, aspen, maple, serviceberry, several deciduous shrub species, native grasses, ground cover, and mulch areas (attachment B, Sheet 2). The applicant has not proposed an irrigation plan, and hydrozones are not expressly demarcated. The applicant states that the landscape plan has been prepared to meet the LEED Gold standard, therefore anticipates an intense focus on water conservation practices. Staff suggests that the application can be approved by PZC with the condition that a satisfactory irrigation plan is presented to staff prior to building permit submittal. September 18, 2018 PZC Meeting – Riverfront Property 3 The application preserves much of the established landscaping within the 75’ river setback. The PUD Development Plan states, “The 75-foot river setback will be largely left in its natural state”. Staff feels comfortable that the plan conforms to the setback rules. Building Design, Building Materials and Colors: The primary exterior building materials are stone veneer, cementitious stucco, wood siding (stained brown), pre-finished metal panels, and stained concrete (Attachment B, Sheet 20). Materials and colors were reviewed for conformance with the PUD Development Plan and determined to comply with the design standards. All materials are of high quality and compliment Avon’s built landscape. Staff recommends that an on-site mockup be a requirement for final review of building materials and colors. Retaining Walls: All retaining walls are proposed as boulder materials. There are two (2) retaining walls on the south that create a separation from the Eagle Valley Trail, and a few smaller ones around the project. They are between four (4’) and two (2’) feet tall. Roof Material and Pitch: The applicant is proposing 6:12 roof pitches, which conforms with the PUD Development Standards. Materials are proposed to be composite asphalt shingles and metal. Snow Removal: The Riverfront property is responsible for its own snow removal, both internally, and along Riverfront Lane. The applicant proposes a snow plan on the shared access side of the property and suggests that pushing snow to the side of the eastern walking path. Exterior Lighting: The proposed exterior building lighting (Attachment B, sheets 20-23) are flat full cutoff sconces. The locations and brightness comply with AMC requirements. Regulation III.A.4 of the PUD Design Standards: This regulation states, “on any given elevations at Lots 1, 3, and 4 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes.” The maximum for any one elevation on these sides of the building is 75% flat (XX) Attachment . Major Development Plan & Design Review - Review Criteria § 7.16.080(f), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The Application is in compliance with the applicable purposes outlined in the Development Code. Purpose (f) states, “Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality.” 2. Evidence of substantial compliance with §7.16.090, Design Review; Staff Response: The Design Review section seeks quality development and structures that are visually harmonious with the site and the surrounding vicinity. Conformance with this code section is discussed below and in Staff Analysis. September 18, 2018 PZC Meeting – Riverfront Property 4 2. Consistency with the Avon Comprehensive Plan; Staff Response: The site is located in the Riverfront District (District 2 in the Comprehensive Plan), which states, “Visibility from U.S. Highway 6, protection and enhancement of the riparian environment along the Eagle River, and appropriate public access along the river should be taken into consideration with all development.” Select district principles are elaborated below, with staff responses: • Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning, architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of structure to preserve the character of the river and its associated natural habitat. – The scale and design detail of the building does not dominate the site and is in scale with the river setting. • Limit building height to a scale that is subordinate to Town Center and compatible with the river environment. Buildings should be designed to step down in height as they near the river and in response to the natural topography. – The building height is subordinate to Town Center and the buildings step down with the naturally sloping topography. • Minimize the loss of trees and impact to the riparian area while achieving urban design goals. – The impact to existing vegetation is minimized. Other general Goals and Policies are listed below: Goal A.1: Promote a compact community form. Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and cohesive neighborhoods that contribute to the Town’s overall character and image. Goal B.4: Encourage commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Staff Response: Staff finds substantial consistency with the form, cohesion, compatibility, and housing types offered in this project. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The application was reviewed for the requirements that accompany the PUD Development Plan and the Avon Development Code and found to be consistent with them. 4. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: The analysis contained in this staff report addresses all applicable Development Code standards. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: All special services are well established in the subdivision. Pertinent fire protection, September 18, 2018 PZC Meeting – Riverfront Property 5 water and wastewater requirements have been coordinated with the special districts serving the property. §7.16.090(f), Design Review Criteria 1. The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: Staff finds that design of the building complies with this criterion. 2. The design meets the development and design standards established in this Development Code; and Staff Response: Staff finds the application in compliance with the development and design standards contained in the Development Code. 3. The design reflects the long-range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Applicable adopted plans include the Avon Comprehensive Plan, provisions of the Development Code, and the PUD Design Standards. The design has been evaluated for conformance with these plans and staff has determined the proposed design meets the requirements as proposed. Staff Recommendation for MJR18008 Major Design & Development Plan: Staff recommends a motion to recommend approval to the Avon Town Council Lot 4 Riverfront Subdivision Major Design and 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. A stormwater quality plan will be approved by staff before issuing a building permit; 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; and 4. An on-site materials mockup will be presented for final review of building materials and colors. Motion to Recommend Approve the Application: “I move to recommend Avon Town Council approval of Case #MJR18008, an application for Major Design and Development Plan for Lot 4 Riverfront Subdivision, together with the Findings and Conditions as recommended by staff.” September 18, 2018 PZC Meeting – Riverfront Property 6 Attachments A. Application Narrative B. Design & Development Plans C. Response to Staff Questions Riverfront Lodge and Townhomes Riverfront Village Lot 4 Major Development Application Phase 2 Major Development Application Submitted: Lot 4| Riverfront Village PUD August 28, 2018 Application Narrative Attachment A, 1 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 2 | Page    A. INTRODUCTION The applicant and owner East West Resorts Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability partnership (“EWRD”) is hereby submitting a Major Development Application for “Riverfront Lodge,” the second phase of development of Lot 4 of the Riverfront Subdivision. This narrative accompanies the Development Plan Submittal drawings submitted under separate cover. Drawings include in-progress coordinated architectural, site civil, and landscape plans for Phase Two. This development application is submitted per the most recent amendment of the Riverside PUD, and is consistent with the amended PUD guide including the density reduction for Lot 4 and the design guidelines and site development standards of the PUD. This application is for a second phase of development of Lot 4 that includes a (36) unit, 4-story Lodge (condominium) building with underground parking. This application was preceded by (15) townhomes which were approved for Phase One. Additional phase(s) will follow to develop (4) more townhomes and (3) single family residences on the western end of the site at full build out. This application focuses on the particulars of Phase Two. The application includes some aspects of the complete project at full build-out to allow a coordinated review of phase two as part of the overall project framework. Overall Illustrative Plan with Phase 2 boundary indicated (red dash line). Attachment A, 2 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 3 | Page    B. PROJECT OVERVIEW Project layout: The project proposes a 4 story (36) unit Lodge (condominium) at the eastern end of the site, connected to an enclave of (19) townhomes immediately to its west. The Lodge consists of  a mix of studio, 2‐ and 3‐bedroom units; including 2 deed restricted units, and is being designed to meet  the requirements of LEED for Homes in anticipation of being certified to the Gold Level.  Amenities  include a large pool deck, heated infinity pool and fire pits, lawn terrace, and easy access to the Eagle  Valley Trail network and Riverfront Gondola.  Primary access to the site is provided by Riverfront Lane. An entrance and exit on Riverfront Lane is proposed for the drop-off and check-in area in front of the Lodge. A 16’ wide one-way drive originates at the Lodge drop-off and provides access to the condominium garage below-grade, and to the townhomes to the west. Access to the Townhomes will be maintained during Phase Two construction of the Lodge. The south-facing units and pool deck have been carefully designed to maximize the views from the site to Beaver Creek and the Eagle River. (1) parking space per unit is provided in the below-grade garage, in accordance with the amended PUD. The project is specifically designed to respect the 75’ river setback and creates a buffer of landscape between the proposed buildings, the recreation path, and river. The project also respects the 10’ setback along Riverfront Lane and creates a landscape buffer between private residences and the public sidewalk. The project has a strong pedestrian orientation based on close proximity, and very good pedestrian connectivity to the Westin Riverfront, the Gondola, the transit center, the Main Street Mall, and to Nottingham Park. Attachment A, 3 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 4 | Page    Pedestrian routes for the project include the sidewalk along Riverfront Lane to the north and the regional recreation trail long the Eagle River to the south. Internal to the site, an at-grade concrete paver sidewalk along the south shoulder of the one-way drive will connect the site east to west. A crusher fine pervious pathway winds through the property in the north-south direction between the Townhomes and the Lodge, to connect the property to the regional path below. The existing pathway next to Timeshare West, connecting Riverfront Lane to the recreation path below, is left intact as part of the development—though this may require temporary closure during construction of the Lodge. A shared trail easement between East West Partners and Eagle River Water and Sanitation District is proposed at the western-most point of the property, to be dedicated to the Town of Avon to connect Nottingham Park and Lake Street to the regional recreation path along the River, fulfilling a long-term connectivity objective of the Town. The building is designed to take advantage of the spectacular views, with 8-ft tall storefront-style living room windows, vaulted ceilings at the top floor, and private balconies. A mix of stone, stucco, metal panels, cementitious panels, and wood siding create a modern look that also remains grounded in the mountains and the context of Riverfront Village and the adjacent Westin Hotel. The units are designed to respond to today’s active social lifestyle, with kitchens along the view wall that open up to and engage the living room, and flexibility to allow for secondary bedrooms to be converted to dens that connect to the living spaces. Attachment A, 4 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 5 | Page    Landscaping, with emphasis on adaptable and drought tolerant plant species, is proposed strategically in keeping with the Town standards, to add interest and complement the architecture, soften the internal road and paths, screen and create privacy, and serve as drainage and snow storage areas. A small amenity lawn is also provided to the south, accessible from the pool deck. The south side is bermed up to the building with landscaping and tiered boulder walls, to reduce the visual presence of the below-grade portions of the building from the Eagle River and adjacent recreation path. The pool terrace includes landscape buffers for added privacy from ground level units, and a sedum roof over the mechanical space to add visual interest and rainwater management. Attachment A, 5 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 6 | Page    C. DESIGN GUIDELINES SUMMARY The building is designed within the recommendations of the Riverfront Village Design Standards dated February 14, 2006. One of the items identified in the scope of the design standards is responsible care for the environment, and the Lodge is being designed to the standards of LEED for Homes with the intent of achieving Gold Level Certification upon completion. The use of materials such as stone and wood siding, in combination with contemporary metal and stucco panels and large areas of glazing, meets the stated architectural theme of the design guidelines to express both alpine and contemporary architecture. The natural environment and the connection to the river are highlighted through native landscaping and organic pathways that connect the inner drive to the river, while maintaining the 75 foot river setback and view corridors. The site and building are tied to the ground plane through the use of boulder walls and colored concrete, with landscaped berms that meet the foundation walls. The walls of the lower level are designed to match those of the other Riverfront Village properties such as the Westin and Timeshare West. Architecturally, the massing of the building is complementary to the character of the Riverfront Village while acting a transitional building between the larger scale of the Westin and the smaller scale of the Townhomes to its west. Roof forms, including hipped roofs and chimneys, recall the Westin, while stepping down to the west and introducing smaller scale dormers at the living rooms to relate to the scale and massing of the Townhomes. Roof pitches are 6:12 and 4:12, and provide large overhangs to meet the design requirements. A mix of materials, both traditional and contemporary, combined with recessed balconies, provide visual interest to the facades and break up the mass of the building to help step down to the pedestrian scale of the western end of Riverfront Village. Stone is used at the base of the building to help ground it within the site, while the stucco mass above is accented with metal panels. Storefront glass is featured at the main living space, and wood siding is used to provide visual interest and termination at the top. The roof is primarily asphalt shingles with metal accents at the dormers, in keeping with the design guideline recommendations. Warm, earth-tone hues are used to reflect the character of Riverfront Village and its interface between Beaver Creek and the Town of Avon, striking a balance between alpine and contemporary. Attachment A, 6 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 7 | Page    D. DEVELOPMENT SUMMARY Site Development Calculations: The total area of the site is: 161,180 sf. The total area proposed in Phase Two is 52,274 sf or 32% of the total Lot 4 area. Phase Two includes the (36) unit, 4-story condominium building and related landscape area. The site calculations submitted with this application are generated based on the total area included in Phase Two. The following are the major site coverage areas associated with Phase Two: Total Lot 4 Area: 161,180 SF / 100% Lot Area Phase 2 Site Area: 52,274 SF / 32% of Lot 4 Total Area Phase 2 Building Footprint Area: 19,514 SF (37% of Phase 2 Site Area) Phase 2 Paved Areas: 4,326 SF (8% of Phase 2 Site Area) Phase 2 Landscape Area: 27,846 SF (53% of Phase 2 Site Area) Phase 2 Snow Storage Area: 810 SF (19% of Phase 2 Paved Area) Attachment A, 7 Riverfront Village Lot 4 ‐ Major Development Application Phase 2 8 | Page    E. PRE-APPLICATION SUMMARY A pre-application meeting was held on August 17, 2018 between the project design team, owner and the Town of Avon Planning Director and Town Planner to review the path and process for the formal review of the Riverfront Village Lot 4 project by the Town of Avon. A summary of the topics that were discussed is outlined below: 1) Compliance with PUD a. Requested that documents indicate compliance with setbacks; location of required setbacks are indicated on the site plan. b. Requested that parking supply and distribution is confirmed; has been confirmed to be consistent with the PUD requirements. c. Indicate in the narrative how the building complies with the PUD design guidelines; narrative has been constructed to note compliance with various requirements. 2) Future Photo-voltaic Panels a. Requested that areas for future PV panels be dashed in on the roof plan; this has been added to the roof plan, final layout and square footage to be determined through energy modeling. 3) Steps in Crusher Fines Path a. Planning staff asked design team to review the crusher fines path between the lodge and townhomes to determine location and necessity of steps; crusher fines path has been redesigned, however, grading necessitates that steps continue to be provided. 4) Temporary Access to Townhomes a. Temporary access to the townhomes will be provided at the west end of the future drop-off in front of the lodge, necessitating opposite direction travel of the final road layout, turn radius information to be included for confirmation of site access; the turn radius analysis is included in the submittal. 5) On-Site Mockup for Materials a. The project will ultimately require an on-site mock up for final approval of materials; design team has included sample board and samples for the meeting and will provide on-site mock up at a future date and requests a conditional approval for the materials. 6) DRB application & path of review a. The path and process for the Town’s formal review process was discussed, design team will submit documents by August 28, 2018 for presentation at the September 18, 2018 Planning and Zoning Commission public hearing. b. The Planning Manager confirmed the 10 day completeness review of the application once received and the review of the application by the Planning and Zoning Commission against the PUD design guidelines and development standards. Attachment A, 8 Attachment B, 1 Attachment B, 2 Attachment B, 3 Attachment B, 4 Attachment B, 5 Attachment B, 6 Attachment B, 7 Attachment B, 8 Attachment B, 9 Attachment B, 10 © 2018 Zehren and Associates, Inc. east west partners 08.29.2018Riverfront Lodge and Townhomes 1 LODGE BUILDING River f r o n t L a n e Existi n g R a i l r o a d T r a c k s Existing Timeshare West Condos Entry Exit Exit Ea g l e R i v e r Ex i s t i n g E c o - T r a i l TH C FUTURE TH B FUTURE TH B TH C TH C FUTURE RESIDENCE TRI-PLEX A Prop o s e d D r i v e w a y Existing PathScale: 1” = 30’ 0 30’15’60’ TH A FUTURE RESIDENCES TH A TH A Lodge Site Area (52,274 sf) Total Lot 4 Area (57,355 sf) Note: Lodge Site Area is 91.1% of Total Lot 4 Area LEGEND Unit Type Unit Qty. Total SF Studio 4 2,287 Two Bedroom 18 19,815 Three Bedroom 14 22,285 LODGE DEVELOPMENT SUMMARY Totals 36 44,387 LODGE BUILDING - OVERALL ILLUSTRATIVE PLAN DEVELOPMENT PLAN SUBMITTAL | PHASE 02 Attachment B, 11 © 2018 Zehren and Associates, Inc. east west partners 08.29.2018Riverfront Lodge and Townhomes 2 NOTES: 1. TREE, SHRUB, AND PERENNIAL PLANTING AREAS ARETO RECEIVE A MINIMUM OF 3" DEPTH OF BARK MULCH. 2. ALL DISTURBED OR RE-GRADED AREAS TO BE RE-VEGETATED WITH A NATIVE WILDFLOWER AND GRASS SEED MIX.3. IRRIGATION SYSTEM TO BE MOISTURE SENSORAUTOMATED AND TIME CLOCK OPERATED. SHRUBS, TREES, AND PERENNIALS TO BE DRIP OR MICRO SPRAY TYPE IRRIGATION. TURF AREAS TO BE SPRAY HEAD TYPE IRRIGATION WITH HIGH EFFICIENCY SPRAYNOZZLES. .4. SILT FENCE OR HAY BALES ARE TO BE PLACED AT THE LIMIT OF CONSTRUCTION AS NEEDED TO PREVENT EROSION AND SEDIMENTATION. A CONSTRUCTION FENCE WILL BE PLACED AT THE LIMIT OF DISTURBANCEWHERE THE SILT FENCE OR HAY BALES ARE NOT USED.Z:\2015\152422\IV. Current Documents\01. Drawings\03. Current Landscape\2422 Lodge Landscape Plan.dwg, 9/13/2018 10:52:47 AMScale: 1” = 16’ 0 16’8’32’ TH C TH C Lodge Site Area (52,274 sf) Note: Native Seed Areas to have temporary irrigation for establishment (Native Seed Areas not Included in Irrigation Calculations) LEGEND Landscape Area Provided 27,846 SF 53.3% Lodge Site Area Total Irrigated Area 4,575 SF 16.4% of Landscape Area Spray Area (Lawn) 2,942 SF 64.3% of Total Irrigated Area Drip Area (Trees / Shrubs) 1,633 Sf 35.6% of Total Irrigated Area IRRIGATION AREA CALCULATIONS LODGE BUILDING - LANDSCAPE PLAN DEVELOPMENT PLAN SUBMITTAL | PHASE 02 Attachment B, 12 © 2018 Zehren and Associates, Inc. east west partners 08.29.2018Riverfront Lodge and Townhomes 3 NOTES: 1. SNOWMELTED AREAS WILL BE HYDRONICALLY HEATED 2. ALL DISTURBED OR RE-GRADED AREAS TO BE RE-VEGETATED WITH A NATIVE WILDFLOWER AND GRASS SEED MIX. 3. REFERENCE ARCH ELEVATIONS FOR BLDG HEIGHT AND ROOF LINE RIDGE ELEVATIONS4. REFERENCE CIVIL DRAWINGS FOR SLOPE AND TURNING RADII INFORMATION 5. SILT FENCE OR HAY BALES ARE TO BE PLACED AT THE LIMIT OF CONSTRUCTION AS NEEDED TO PREVENTEROSION AND SEDIMENTATION. A CONSTRUCTION FENCE WILL BE PLACED AT THE LIMIT OF DISTURBANCE WHERE THE SILT FENCE OR HAY BALES ARE NOT USED. SITE CALCULATIONS: Total Lot 4 Area = 57,355 SF Lodge Site Area: 52,274 SF Lodge Building Footprint Area: 19,514 SF (37.3% of Lodge Site Area) Lodge Paved Area (Heated): 3,369 SF (6.4% of Lodge Site Area) Lodge Paved Area (Unheated) 957 SF (1.8% of Lodge Site Area) Lodge Landscape Area: 27,846 SF (53.3% of Lodge Site Area) Lodge Snow Storage Area: 810 SF (84.6% of Unheated Paved Area) BUILDING TYPE UNITS PARKING CALCULATONS LODGE CONDOS 36 Units 1 Per Unit = 36 Off Street Spaces ADA Spaces = 2 Off Street Spaces (1) Assigned to ADA Unit 36 Total Units 36 Total Off Street Spaces 1 Total Unassigned Space 37 Total Parking Spaces LEGEND Scale: 1” = 16’ 0 16’8’32’ Lodge Site Area (52,274 sf) LODGE BUILDING - SITE PLAN DEVELOPMENT PLAN SUBMITTAL | PHASE 02 Attachment B, 13 © 2018 Zehren and Associates, Inc. east west partners 08.29.2018Riverfront Lodge and Townhomes 4 Site Section Key Plan NTS River f r o n t L a n e Ea g l e R i v e r Lodge Timeshare West Section Site Section Scale: 1” = 10’-0” 0 10’5’20’ LODGE BUILDING - SITE SECTION DEVELOPMENT PLAN SUBMITTAL | PHASE 02 Attachment B, 14 © 2018 Zehren and Associates, Inc. east west partners 08.29.2018Riverfront Lodge and Townhomes 5 LODGE BUILDING RIVE R F R O N T L A N E Existing Timeshare West Condos Existing Path Pool Ea g l e R i v e r Exi s t i n g E c o - T r a i l TH C FUTURE TH B FUTURE TH B FUTURE TH A Bollard Light - Qty. (14) Bollard Light LEGEND Submitting Agency:Description:3120 42 LED WHT53K MVOLT FT PL DSPFGProject:AVON ROAD STATUE & PED MALL - PEDESTRIAN MALLNotes: Type:LF-B ©2014 Acuity Brands Lighting, Inc. 7/11/143120_LED 9144 Deering Avenue, Second Floor • Chatsworth, CA 91311 • www.hydrel.com Phone: 866.533.9901 • Fax: 866.533.5291 ORDERING INFORMATION EXAMPLE: 3120 36 LED WHT53K MVOLT SYM BL DESCRIPTIONThe 3120 BOLLARD is a low level area lighting luminaire that combines visual appeal with superior performance and unequalled quality. It is designed to work in building perimeter areas and public spaces completing a wide variety of architectural styles. Superior performance extends to the detailed finish of the louvers. Matte black finish of top surface provides IES cut off performance while gloss white on bottom extends reflective light to economize on spacing of fixtures. Custom finish available on top louver surface. CATALOG NUMBER NOTES TYPE NOTE: Hydrel Reserves The Right To Modify Specification Without Notice. Any dimension on this sheet is to be assumed as a reference dimension: “Used for information purposes only. It does not govern manufacturing or inspection requirements.” (ANSI Y14.5-1973) 3120 LEDRound LouverBollard Flat 3120 36 LED WHT53K Model Height LED Array Color 3120 36 42 LED WHT30K 3000ºK Color Temp WHT53K 5300ºK Color Temp MVOLT SYM BL Voltage Distribution Options4 Finish 1202 2772 347 MVOLT Internal FT5 Forward Throw, 180º SYM Symmetric, 360º BLS6 Bi-Level Switching (Motion Activated) GFCI3 Receptacle ELN6 Emergency Battery Backup (1000 lumen output) BL Black BZ Bronze DDB Dark Bronze DNA Natural Aluminum GN Green GR Gray SND Sand STG Steel Gray TVG Terra Verde Green WH White CF Custom __Z7 Zinc Undercoat (i.e. BLZ) Optional Louvers Painted1 ___/PL Louvers painted to match fixture (top only) The 3120 BOLLARD offers a patented impact resistant mounting and leveling design ensuring life long performance. Four leveling pads within the base mounting plate are easily accessible through the access panel. The leveling pads provide full contact with the concrete pad, providing a high degree of stability. The base mounting plate is fully welded to the bollard post, providing complete structural support from all directions, giving the bollard superior vandal resistance. Motion Sensing Bi-Level Switching (BLS option) is now possible through the use of a fixture-integrated microwave occupancy sensor. Mounted in the head of the fixture, within the sealed light engine compartment, the sensor is protected from moisture damage, as well as potential damage due to vandalism. The sensor provides up to 20’ of motion coverage in the 360 deg area around the bollard (see diagram on the next page). When motion is detected bollard will illuminate at full output (60 Watts). After approx 5 min, bollard will drop to 1/4 full output (15 Watts). MATERIAL: Copper-free Aluminum, A360. LED ARRAY: 60.3W (total system input wattage) Lumen maintenance of individual light sources have been independently tested to IESNA LM-80 standards. VOLTAGE: MVOLT 50/60Hz DISTRIBUTION: SYM Symmetric, FT Forward Throw. LENS: Frosted Borosilicate Glass. BALLAST: Integrally mounted LED driver with operating temperature of -30° to 60°C. FASTENERS: Stainless Steel. FINISH: See ordering guide. LISTING: CSAUS, CSA FEATURES & SPECIFICATIONS Specifications L:8” 203 mm W:9” Dia. 229 mm H:40” or 34” 1016 mm or 864 mm Notes:1 Louvers will be black unless otherwise specified (top only). 2 Only valid with ELN or BLS. 3 Only valid with 120 Volt. 4 Options not valid with 50Hz. 5 FT not available with BLS. 6 ELN and BLS require 120 or 277 voltage, not MVOLT or 347. Choose only one.7 Add Zinc undercoat for harsh environments. Top 6" 8" 9" Dia. 40"34" 8" 36"LCL30"LCL 9" Top 6" 8" 9" Dia. 40"34" 8" 36"LCL30"LCL 9" Top 6" 8" 9" Dia. 40"34" 8" 36"LCL30"LCL 9" THE LIGHTING AGENCY TYPE CATALOG NUMBER NOTES THE LIGHTING AGENCY TYPE CATALOG NUMBER NOTES CONTRACTOR TO VERIFY: Voltage: Colors/ Finishes: Ceiling Type: Specific Dimming Ballasts (if required): Row Information: Switching Options: Suspension Lengths: Other: DSPFG DSPFG -RUST Scale: 1” = 16’ 0 16’8’32’ LODGE BUILDING - SITE LIGHTING PLAN DEVELOPMENT PLAN SUBMITTAL | PHASE 02 Lodge Site Area (52,274 sf) Attachment B, 15 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners6LODGE BUILDING - MAIN LEVEL FLOOR PLANDEVELOPMENT PLAN SUBMITTAL | PHASE 02Area: 14,416 Gross SFUnit Count:(4) Studio Units(5) 2 Bedroom Units(2) 3 Bedroom Units(11) Total UnitsScale: 1/8” = 1’-0”Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Common Area CalculationDeck Area : 3188 SFPool and Terrace Area : 2516 SFLawn Area : 2942 SFOther Recreational/Green Space Area : 6602 SFTotal Common Area: 15,248 SFCommon Area per Unit : 424 SF Attachment B, 16 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners7Area: 14,386 Gross SFUnit Count:(0) Studio Units(5) 2 Bedroom Units(4) 3 Bedroom Units(9) Total UnitsScale: 1/8” = 1’-0”LODGE BUILDING - TYPICAL LEVEL FLOOR PLANDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Attachment B, 17 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners8LODGE BUILDING - UPPER LEVEL FLOOR PLANDEVELOPMENT PLAN SUBMITTAL | PHASE 02Area: 12,811 Gross SFUnit Count:(0) Studio Units(3) 2 Bedroom Units(4) 3 Bedroom Units(7) Total UnitsScale: 1/8” = 1’-0”Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Attachment B, 18 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners9Area: 18,834 Gross SFStall Count:35 Stalls2 Accessible Stalls37 Total StallsProgram Color KeygyOwner Storage Mechanical/ Back of House ParkingScale: 1/8” = 1’-0”LODGE BUILDING - LOWER LEVEL FLOOR PLANDEVELOPMENT PLAN SUBMITTAL | PHASE 02Attachment B, 19 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners10Scale: 1/8” = 1’-0”LODGE BUILDING - ROOF PLANDEVELOPMENT PLAN SUBMITTAL | PHASE 02Maximum Ridge Length: 107’-4”Attachment B, 20 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners11A1.101STUDIO A FLOOR PLAN1/4" = 1'-0"A1.102STUDIO B FLOOR PLAN1/4" = 1'-0"A1.103STUDIO B END FLOOR PLAN1/4" = 1'-0"02’4’8’LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Total Area : 531 SFDeck Area : 2 SFCommon Area per Unit : 424 SF Total Area : 531 SFDeck Area : 2 SFCommon Area per Unit : 424 SF Total Area : 536 SFDeck Area : 2 SFCommon Area per Unit : 424 SF Attachment B, 21 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners12LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02A1.1222BR WEST END FLOOR PLAN1/4" = 1'-0"Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units 1 Scale: 1/4” = 1’-0”02’4’8’Total Area : 1,026 SFDeck Area : 83 SFCommon Area per Unit : 424 SF Attachment B, 22 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners13Scale: 1/4” = 1’-0”02’4’8’LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Total Area : 1,022 SFDeck Area : 84 SFCommon Area per Unit : 424 SF A1.1212BR TYPICAL FLOOR PLAN1/4" = 1'-0"Attachment B, 23 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners14Scale: 1/4” = 1’-0”02’4’8’A1.1423BR WEST END FLOOR PLAN1/4" = 1'-0"LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units 1 Total Area : 1,556 SF Deck Area : 86 SFCommon Area per Unit : 424 SF Attachment B, 24 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners15Scale: 1/4” = 1’-0”02’4’8’A1.1413BR TYPICAL FLOOR PLAN1/4" = 1'-0"LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Total Area : 1,558 SF Deck Area : 87 SF Common Area per Unit : 424 SF Attachment B, 25 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners16Scale: 1/4” = 1’-0”02’4’8’A1.1523BR INSIDE CORNER FLOOR PLAN1/4" = 1'-0"A1.1513BR EAST END FLOOR PLAN1/4" = 1'-0"LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Total Area : 1,466 SF Deck Area : 137 SFCommon Area per Unit : 424 SF Total Area : 1,437 SF Deck Area : 137 SFCommon Area per Unit : 424 SF Attachment B, 26 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners17A1.1612BR NORTH CORNER UNIT1/4" = 1'-0"A1.1623BR NORTH CORNER UNIT1/4" = 1'-0"Scale: 1/4” = 1’-0”02’4’8’LODGE BUILDING - UNIT PLANSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Program Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Total Area : 1,733 SF Deck Area : 120 SFCommon Area per Unit : 424 SF A1.1612BR NORTH CORNER UNIT1/4" = 1'-0"Total Area : 1,211 SFDeck Area : 120 SFCommon Area per Unit : 424 SF Attachment B, 27 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners18LODGE BUILDING - SECTION 1 DEVELOPMENT PLAN SUBMITTAL | PHASE 02Scale: 1/8” = 1’-0”Owner Storage Mechanical/ Back of House ParkingProgram Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Attachment B, 28 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners19LODGE BUILDING - SECTION 2 DEVELOPMENT PLAN SUBMITTAL | PHASE 02Scale: 1/8” = 1’-0”Owner Storage Mechanical/ Back of House ParkingProgram Color KeygyStudio UnitsTwo Bedroom Units Three Bedroom Units Attachment B, 29 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners20Scale: 1/8” = 1’-0” LODGE BUILDING - NORTH ELEVATIONDEVELOPMENT PLAN SUBMITTAL | PHASE 02HORIZONTAL CHANNEL-RUSTICWOOD SIDINNNGSTONE VENEER TO COMPLEMENT WESTIN STONE CEMENTITIOUS STUCCO,INTEGRAL COLOR STOREFRONT GLASS ATSTOREFRONT GLASS AT LIVING ROOMS; METAL-CLAD WOOD ELSEWHERE “WESTIN STYLE”“WESTIN - STYLE” CHIMNEY CAPSCOMPOSITE ASPHALT SHINGLESCOMPOSITE ASPHALT SHINGLES WITH METAL ROOF ACCENTS GLU-LAM EXPRESSEDGLU-LAM EXPRESSED STTTRUCTURRRRRRE D WOOD METAL ANAILSGUARDRAASSYMETRICAL FLAT CANOPY STRUCTURE AT ENTRY WITH STEEL ROD SUPPORTS GARAGE ENTRYPRE-FINISHED METAL PANELS +124-6”+113-0”+100-0”13’-0”+147-6”11’-6”+136-0”11’-6”+176-9”11’-6”17’-9”+159-0”11’-6”PROPOSED GRADE EXISTING GRADEEXT DECK LIGHT, MOUNT 6’-8” AFF, TYP EXT BUILDINGLIGHT, MOUNT 6’-8” AFF, TYP PRE-FINISHED METAL PANELS HORIZONTALCHANNEL-RUSTICWOOD SIDINGCEMENTITIOUS STUCCO, INTEGRAL COLOR STONE VENEER(TELLURIDE STONE “SEBASTIAN SAWN”LEDGE) BUILDING AND ENTRY LIGHT (“ASPEN WEDGE 36”) EXTERIOR DECK LIGHT (“PANDORA SCONCE”) STAINED CONCRETEWITH EXPRESSED JOINTS Total Facade Area : 12,871 SFTotal Recessed Area : 4134 SFTotal Flat Area : 8737 SF = 68% Flat Attachment B, 30 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners21LODGE BUILDING - SOUTH ELEVATIONDEVELOPMENT PLAN SUBMITTAL | PHASE 02PPPRE-FINNNISHEDMMETAL PANELS STONE VENEER TO COMPLEMENT WESTIN STONE CEMENTITIOUS STUCCO, INTEEGGRAL COOOLOR STOREFRONT GLASS AT LIVING ROOMS; METAL-CLAAD WOOD ELSEWHERRE “WESTIN - STYLE” CCHIMNEEEEEEEEEEEEEEEEY CAPPPPS COMPOSSITE ASPHALT SHINGLES WITTH METAL ROOF ACCCCENTS GGGGGGGLU-LAAAM EEEEEEEEXXXXXPRESSSED STRUCTURRE STAINED CONCRETE BASE, TO COMPLEMENT WESTINFLAT CANOPY STRUCTURE AT TERRACE ACCESS, WITH STEEL ROD SUPPORTS HORIZONTALCHANNEL-RUSTIC WOODD SSSSIDING METAL AND WOOD GUARDRAILS +124-6”+113-0”+100-0”13’-0”+147-6”11’-6”+136-0”11’-6”+176-9”11’-6”17’-9”+159-0”11’-6”PROPOSED GRADE EXISTING GRADE EXT DECK LIGHT, ECMOUNT 6’-8” AFF, NTTYP Scale: 1/8” = 1’-0” PRE-FINISHED METAL PANELS HORIZONTALCHANNEL-RUSTICWOOD SIDINGCEMENTITIOUS STUCCO, INTEGRAL COLOR STONE VENEER(TELLURIDE STONE “SEBASTIAN SAWN”LEDGE) BUILDING AND ENTRY LIGHT (“ASPEN WEDGE 36”) EXTERIOR DECK LIGHT (“PANDORA SCONCE”) STAINED CONCRETEWITH EXPRESSED JOINTS Total Facade Area : 11,892 SFTotal Recessed Area : 3835 SFTotal Flat Area : 8057 SF = 68% Flat Attachment B, 31 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners22LODGE BUILDING - WEST ELEVATIONDEVELOPMENT PLAN SUBMITTAL | PHASE 02HORIZONTAL CHANNEL-RUSTIC WOOD SIDING STONE VENEER TO COMPLEMENT WESTIN STONE CEMENTITIOUS STUCCO, INTEGRAL COLOR STOREFRONT GLASS AT LIVING ROOMS; METAL-CLAD WOOD ELSEWHERE “WESTIN - STYLE” CHIMNEY CAPS COMPOSITE ASPHALT SHINGLES WITH METAL ROOF ACCENTS GLU-LAM EXPRESSED STRUCTURE METAL AND WOOD GUARDRAILS ASSYMMMMMMETRICAL FLAT CANOPY STRUCTURE AT ENTRY WITH STEEL ROD SUPPORTS SE, STAINED CONCRETE BASINTO COMPLEMENT WESTIPRE-FINISSHED METAL PANELS PRE-FINISHED METAL PANELS +124-6”+113-0”+100-0”13’-0”+147-6”11’-6”+136-0”11’-6”+176-9”11’-6”17’-9”+159-0”11’-6” EXISTING GRADE Scale: 1/8” = 1’-0” PRE-FINISHED METAL PANELS HORIZONTALCHANNEL-RUSTICWOOD SIDINGCEMENTITIOUS STUCCO, INTEGRAL COLOR STONE VENEER(TELLURIDE STONE “SEBASTIAN SAWN”LEDGE) BUILDING AND ENTRY LIGHT (“ASPEN WEDGE 36”) EXTERIOR DECK LIGHT (“PANDORA SCONCE”) STAINED CONCRETEWITH EXPRESSED JOINTS Attachment B, 32 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners23LODGE BUILDING - EAST ELEVATIONDEVELOPMENT PLAN SUBMITTAL | PHASE 02HORIZONTALLLL CHANNEEEEEEL-RUSTIC WOOD SIDING CEMEEEEEEENTITIOUS STUCCO, INTEGRAL COLOR STOREFRONT GLASS AT LLIVING ROOMS; MEEETAL-CLAD WOODDDD ELSSEWHERRRE “WESTINNN - STTTTTTTTTTTYLEEE” CHIMNEY CAPS COMPOSITE ASPHHALLT SHINGLES WITH METAL ROOOOOF ACCENTTTTTTTTSS METAL AANNNND WOOD GUARDDRAILS STAINED CONCRETE BASE, TO COMPLLLLLEMEENT WESTINY ASSSSYMETRICAAL FLAT CANOPYSTRUCTURE AT ENTRY, WITH STEEL ROOD SUPPORTS PRE-FINISHED METAL PANNELS STTTONE VVVENEER TOOOOOOOO TCOMPLEMENT WESTIN STONE W+124-6”+113-0”+100-0”13’-0”+147-6”11’-6”+136-0”11’-6”+176-9”11’-6”17’-9”+159-0”11’-6”PPPROPOSED GRADE ROA E EXISTING GRAD Scale: 1/8” = 1’-0” l/PRE-FINISHED METAL PANELS HORIZONTALCHANNEL-RUSTICWOOD SIDINGCEMENTITIOUS STUCCO, INTEGRAL COLOR STONE VENEER(TELLURIDE STONE “SEBASTIAN SAWN”LEDGE) BUILDING AND ENTRY LIGHT (“ASPEN WEDGE 36”) EXTERIOR DECK LIGHT (“PANDORA SCONCE”) STAINED CONCRETEWITH EXPRESSED JOINTS Attachment B, 33 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners24LODGE BUILDING - SITE MODEL VIEWSDEVELOPMENT PLAN SUBMITTAL | PHASE 02AERIAL VIEW FROM NORTHEASTAttachment B, 34 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners25LODGE BUILDING - SITE MODEL VIEWSDEVELOPMENT PLAN SUBMITTAL | PHASE 02AERIAL VIEW FROM SOUTHWESTAttachment B, 35 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners26LODGE BUILDING - SITE MODEL VIEWSDEVELOPMENT PLAN SUBMITTAL | PHASE 02AERIAL VIEW FROM NORTHWESTAttachment B, 36 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners27LODGE BUILDING - SITE MODEL VIEWSDEVELOPMENT PLAN SUBMITTAL | PHASE 02AERIAL VIEW FROM SOUTHEASTAttachment B, 37 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners28LODGE BUILDING - SITE MODEL VIEWSDEVELOPMENT PLAN SUBMITTAL | PHASE 02LODGE VIEW FROM SOUTHEASTAttachment B, 38 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners29LODGE VIEW FROM NORTHEASTLODGE BUILDING - SITE MODEL VIEWSDEVELOPMENT PLAN SUBMITTAL | PHASE 02Attachment B, 39 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners30LODGE BUILDING - WALL, ROOF, AND WINDOW DETAILS DEVELOPMENT PLAN SUBMITTAL | PHASE 02TYPICAL EAVE DETAIL 1/2” = 1’-0” TYPICAL WINDOW DETAILS 1/2” = 1’-0” TYPICAL WALL ASSEMBLY 1/2” = 1’-0” TYPICAL ROOF ASSEMBLY 1/2” = 1’-0” Attachment B, 40 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners31LODGE BUILDING - RAILING AND CHIMNEY CAP DETAILS DEVELOPMENT PLAN SUBMITTAL | PHASE 02TYPICAL DECK RAILING DETAILS 1/2” = 1’-0” TYPICAL CHIMNEY DETAILS 1/2” = 1’-0” Attachment B, 41 © 2018 Zehren and Associates, Inc.08.29.2018Riverfront Lodge and Townhomeseast west partners32MARCH 21st (12:00pm)JUNE 21st (12:00pm)SEPTEMBER 21st (12:00pm)DECEMBER 21st (12:00pm)LODGE BUILDING - SOLAR ACCESS STUDYDEVELOPMENT PLAN SUBMITTAL | PHASE 02Attachment B, 42  ZEHREN AND ASSOCIATES ARCHITECTURE  PLANNING  LANDSCAPE ARCHITECTURE  INTERIORS P.O. BOX 1976, Avon, CO 81620  970.949.0257  www.zehren.com    September 11, 2018      Matt Pielsticker / David McWilliams  Town of Avon Planning Department  Email: cmcwilliams@avon.org / mpielsticker@avon.org  Phone: (970)748‐4023    RE:  EastWest Partners Riverfront Village Lot 4 Phase 02 – Major Development Application  Response to Planning and Zoning Staff Review    Dear Matt and David,    Please accept this letter in response to the Planning and Zoning Staff comments we received on August  31, 2018 and September 7, 2018.  Our responses are organized by comment, and will be incorporated  into the requested ten (10) 11x17 copies of the submittal which will be delivered to your office no later  than Thursday September 13, 2018 per the September 7, 2018 email.     Please note the length of the ridgeline. It is not permitted to be greater than 150 feet. III.A.8  of the PUD Design Standards: the proposed ridge line has an overall combined length of 107’‐4”  from end to end. This includes 30’‐0” on the west of the bend in the building, and 77’‐4” to the  east of the bend.   Snow storage is not shown for the path between the timeshare west building and the condo,  or for the front drive:  Snow storage intent for the path between timeshare west and the condo  is that snow would berm up on either side of the path from plowing activities. Snow storage  areas for the lodge is indicated by a “triangle” hatch pattern on sheet number 3 in the 8/29/18  drawing package and totals 810 SF.     Please demonstrate that the front meets the vertical plan regs in III.A.4 of the PUD Design  Standards: The street side and riverside long elevations are both in compliance with the 80%  limit for flat plane in the design regulations, elevation calculations have been added to the  elevations in the 11x17 set. The maximum for any one elevation on these sides of the building is  75% flat.      Please show that each unit has a total private common area (balconies and other space) per  7.28.090 (h) (2) and (3) of AMC:  All units include a private balcony, at the studio units this  balcony is in the form of a “Romeo and Juliet” balcony railing with a sliding door, all other units  have an occupied balcony.  Additionally the pool terrace and exterior landscaped areas  contribute to the total common area, which exceeds 400 SF/unit in total and is noted in the  11x17 plan set.   I was wondering about the exit on the east side of the front, and its connection to other parts  of the property. Does the team think this will be a well‐used connection, and is the path  treatment robust enough?:  We are assuming by “front” you are referring to the street side of  the building, this is a stair discharge and for emergency egress only.  If you are referring to the  exit from the owner’s storage lockers on the garage at the river side, this is also meant to be  utilized as a required means of egress, the space required 2 means of egress by code due to  Attachment C, 1  ZEHREN AND ASSOCIATES ARCHITECTURE  PLANNING  LANDSCAPE ARCHITECTURE  INTERIORS P.O. BOX 1976, Avon, CO 81620  970.949.0257  www.zehren.com    “common path of travel” being exceeded without it.  We feel the proposed path materials will  support this limited use.   I did not see the Construction fencing on any of the plans:  Construction fencing is indicated on  Civil Drawing C‐2 as submitted in the drawing package on 8/29/18.   Is all refuse taken to the main Westin facility?:  We have included a small trash and recycling   room in the garage level of the building to serve the lodge residents, refer to sheet number 9.   How tall is the wall to screen the west side generator?:  The wall is intended to be 7’‐6” tall,  which will adequately screen the generator (4’‐10” tall per cut sheet).  Owner has requested a  roof over this area which has been added to the 11x17 set.   I believe there is a utility box on the NW side, technically included in Phase 1. Is this screened  from this project and the original phases?:  Landscaping for this area was submitted and  approved in Phase 1, sheet number 1 shows this landscaping as well for reference.   Please provide clarity for the lighting above the main entrance. What is its purpose? Is it part  of the sign lighting?:  There is no lighting above the main entrance, lighting is below the  entrance canopy and is noted as two (2) wall sconces, one to either side of the entry doors. It  may be that you are looking at the brackets for the canopy roof support, see sheet number 20.  All other site lighting in this area is via bollards indicated on sheet number 4.   Do the fireplaces vent in place or through the roof?:  Design intent is to vent through the roof  via the chimneys shown in the architectural documents.   We did not notice dashed lines on the roof plan for solar:  These have been added to the roof  plan for the 11x17 set, at this time the extent of solar is being studied through energy modeling  and the dashed lines represent potential zones for solar. Total volume will be confirmed at a  later date.   The NE garage exit looks like it is a ½ stair exit, is this correct?: This is correct, the intent is for  the landing to be 5’‐6” below the main level finished floor (7424.5, the main level of the lodge is  7430.0).    Thank you for your continued guidance and feedback during the review as we prepare for the Planning  and Zoning Commission hearing scheduled on September 18, 2018. Please let us know if you need any  additional clarifications and information.    Sincerely,               David Kaselak, AIA  Principal, Architect  Zehren and Associates, Inc.      Cc: Jim Telling, East West Partners  Attachment C, 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 25, 2018 Topic: RESOLUTION 18–15 SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND ACTION BEFORE COUNCIL: Council is asked to take action on Resoluti0n 18-15 supporting the Grant Agreement between the Town of Avon, acting as Fiscal Agent, on behalf of Walking Mountains Science Center and the State Board of the Great Outdoors Colorado Trust Fund. RECOMMENDED MOTION: “I move to approve Resolution 18-15 supporting the Grant Agreement between the Town of Avon, acting as Fiscal Agent, on behalf of Walking Mountains Science Center and the State Board of the Great Outdoors Colorado Trust Fund.” SUMMARY: Walking Mountains Science Center (WMSC) has approached the Town with a request for the Town to serve as fiscal agent for WMSC’s upcoming application for the Great Outdoors Colorado (GOCO) Local Parks and Outdoor Recreation funding opportunity. In order for WMSC to apply for GOCO funding, they must partner with a government entity, with the government entity serving as the fiscal agent. GOCO does not distribute funds to non-profit organizations. WMSC plans to use the funding to implement a comprehensive trails and education plan as part of their campus expansion. The proposed work will take place on the six acre parcel of land adjacent to their current campus and the Avon Public Safety Facility. WMSC applied for funding last year, with the Town serving as fiscal agent, but they were not awarded funding. ATTACHMENT: Resolution 18-15 TOWN OF AVON RESOLUTION 18-15 SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND WHEREAS, the Town of Avon supports Walking Mountains Science Center ("WMSC") in the submission of a grant application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado ("GOCO") Trust Fund; and WHEREAS, the Town of Avon supports completion of WMSC’s Environmental Education Community Trail Plan ("Project"), a comprehensive education and trails plan on WMSC’s property; and WHEREAS, the Town of Avon is an eligible recipient of GOCO funds and has been asked by WMSC to serve as a fiscal agent for the Grant; and WHEREAS, the Town of Avon supports the goals of the Project and is willing to serve as fiscal agent in support of WMSC; and WHEREAS, the Avon Town Council ("Council") desires to authorize Mayor Jennie Fancher to execute a Grant agreement with GOCO in connection with the Project. NOW, THEREFORE, BE IT RESOLVED by the Avon Town Council: THAT, the Council authorizes the Town of Avon to act as fiscal agent for the benefit of WMSC in connection with the Grant. THAT, the Council hereby authorizes Mayor Jennie Fancher to execute a Grant agreement with GOCO. THAT, the Council finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the Town of Avon, Colorado. MOVED AND ADOPTED by the Avon Town Council at its regular meeting held the 25th day of September 2018. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Amendment 74 – Amendment to Takings Clause of the Colorado Constitution DATE: September 21, 2018 SUMMARY: A ballot question to amend the Colorado Constitution will be on the November 6, 2018 election. Colorado Municipal League is actively encouraging its members to oppose this ballot issue as well as inform the community of the genesis and impact of Amendment 74. Those materials are attached to this memorandum. The Colorado Fair Campaign Practices Act authorizes local governments to adopt a resolution in support or opposing a ballot measure and permits the posting of such resolution in the same manner as posting of resolutions generally. EFFECT AND IMPACT OF AMENDMENT 74: Amendment 74 would require “just compensation” for any state or local government law that reduces the fair market value of property. This is a radical and drastic change to existing federal and state takings law. Amendment 74 allows compensation for any reduction in fair market value of property. Practically any regulation that affects property or a property right (such as business licenses, liquor licenses, etc.) can be argued to reduce the fair market value of the property right. Challenges on valuation would result in expert appraisers engaged by property owners and governments. Legal proceedings to determine “just compensation” are lengthy and expensive. Payment of taxpayers moneys to provide “just compensation” for new regulations is likely to be cost prohibitive. The cumulative effect of these conditions is that it would be unlikely that Avon (and other local governments) would enact any new regulations or amend existing regulations. Even repealing or relaxing existing regulations has the potential to reduce the fair market value of nearby properties, and thus the potential to give rise to a takings claim under Amendment 74. PROPOSED MOTION: “I move to approve Resolution 18-17 Opposing Amendment 74.” Thank you, Eric ATTACHMENT A: Resolution 18-17 ATTACHMENT B: CML materials RESOLUTION NO. 18-17 OPPOSING “AMENDMENT 74” WHEREAS, the adoption of local land use regulations and other regulations under existing takings law under the U.S. Constitution and State of Colorado Constitution is an essential function of the Town of Avon’s ability to protect and promote the health, safety and general welfare of the Avon community; and, WHEREAS, Amendment 74 would substantially altered centuries of takings law under the U.S. Constitution and State of Colorado Constitution by requiring any state or local government to provide “just compensation” for any law or regulation that “reduces” the “fair market value” of private parcel; and, WHEREAS, Amendment 74 would result in significant legal action and legal costs associated with the adoption or interpretation of any state or local government regulation that could be argued to reduce the fair market value of any private property, which would have the foreseeable effect of substantially discouraging adoption of new regulations or amendments to existing regulations; and, WHEREAS, the foreseeable impact of Amendment 74 would be to substantially increase the cost and/or substantially curtail the ability of state and local government to regulate property and other property rights for the public health, safety and general welfare of Colorado residents; and, WHEREAS, similar efforts have been attempted and defeated in the states of Washington and Oregon; and, WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to pass a resolution taking a position of advocacy and reporting the passage of, and distributing, the resolution through established and customary means by C.R.S. §1-45- 117(1)(b)(III). NOW THEREFORE, the Avon Town Council, hereby RESOLVES TO OPPOSE AMENDMENT 74. The Avon Town Council further RESOLVES to direct the Town Clerk to post and publish this Resolution in the established, customary manner as the posting and publishing of other resolutions. ADOPTED September 25, 2018 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ATTACHMENT A: Res. No. 18-17 EMPOWERED CITIES AND TOWNS, UNITED FOR A STRONG COLORADO 1144 Sherman Street, Denver, CO 80203 • (p) 303-831-6411 / 866-578-0936 • (f) 303-860-8175 • www.cml.org To: Interested Municipal Officials From: Sam Mamet, Executive Director Date: September 2018 Subject: Amendment 74 Introductory Memo What follows is a brief summary of a significant statewide ballot measure on the November ballot, Amendment 74, “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation.” Amendment 74 could have dramatic impacts on state and local governments. Your careful analysis of this measure is strongly encouraged, as well as communication with county commissioners, neighboring municipal leaders, business interests like your chamber, neighborhood groups, and the community at large. This packet contains several important documents and we urge careful review. Please go to www.cml.org for more information or contact me directly at smamet@cml.org. We need your help to defeat Amendment 74. PROPOSED AMENDMENT 74 Amendment 74, drafted by out-of-state corporate interests seeks to amend Section 15 of Article II of the Colorado Constitution to require just compensation if private property has “reduced fair market value by government law or regulation”. Shrouded in simple language, Amendment 74 will have far reaching and potentially disastrous consequences. Key Highlights (Not Comprehensive) • Under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments. Amendment 74 expands this well-established concept by requiring the government – i.e., the taxpayers – to compensate private property owners for virtually any decrease whatsoever in the fair market value of their property due to any government law or regulation. • Just about any municipal action could result in a lawsuit. Any inaction could as well, if the effect is even the slightest drop in an individual property’s “fair market value.” • The obligation to compensate is triggered without regard to how long someone has owned the property or what the intentions or actions of the property owner are. • There are no exceptions for health, safety, and general welfare regulations or those actions mandated by the federal or state governments. • Once passed, there is no flexibility granted to the General Assembly to implement this measure; only the Colorado Supreme Court will be left to interpret the Amendment, including what “fair market value” and “reduced” means. This litigation will come at a high cost to state and local governments, paid for by taxpayers. Decisions on key matters will come to a halt while awaiting further clarification from the courts. • The bottom line: Amendment 74 will require large pay outs from state and local governments, which means higher taxes for citizens and a reduction in essential government services such as parks, police, utilities, etc. We don’t yet know how far reaching this Amendment will be, only that has potential to be disastrous for our state and local governments. Municipal Impacts • This measure will cripple local budgets through both increased legal costs and pay outs to individual property owners. Any decision by a government body would be vulnerable to lawsuits, with the cost borne by taxpayers. • Municipal services under threat of being reduced include: o Parks, recreation centers, and neighborhood pools; o Police officers and police services; o Trash collection; o Maintenance of gas and water main lines; o Maintenance of streets and sidewalks; o Licensure of businesses; and ATTACHMENT B: CML Materials o Maintenance of land use codes to protect the structure and character of neighborhoods. • The State of Oregon briefly enacted a similar statute, and in a few short years the measure led to thousands of individual claims, totaling in excess of several billion dollars. Three years after the statute passed, Oregon voters realized the extent of the statute on the economic vitality of the state and effectively repealed the statute. Our communities—and our state— simply cannot afford the impacts of this measure. Examples of Potential Municipal Impacts • Infrastructure Improvements. Colorado’s population is expected to nearly double by 2050. State and local governments will have to expand public roads to accommodate new residents. Under Amendment 74, governments could be sued by nearby property owners affected by any infrastructure improvements due to loss in the fair market value of their homes caused by construction, busier streets, noise, and general changes to the character of neighborhoods. This Amendment will make it extremely difficult for state and local governments to improve or replace all kinds of public improvements such as storm water, electric utilities, sewage, rights of ways, easements, and transportation infrastructure because of potential liability. • Regulation of Airbnb. Airbnb is a way for homeowners to make income on their private property by renting their properties for a per night fee. However, utilizing Airbnb has caused neighboring homeowners to raise concerns about crime and safety; noise levels, especially when the short term rentals are used for large parties; and a general loss of community in their neighborhoods. Under Amendment 74, any action a city council or town board decides to take under this scenario could leave them vulnerable to lawsuits from individual property owners: either lawsuits over the loss in rental income if a municipality forbids short term rentals in a certain area or lawsuits over the loss in fair market value to individual property because of a decrease in the character, safety, and sound quality of a neighborhood. • Broadband. Voters in over 100 counties and municipalities across Colorado have told their local leaders to explore public private partnerships for better broadband access. State law has allowed this process since 2005. An incumbent provider could sue the local government for reducing the business investment previously made, even though the service has been inferior, causing such a vote to occur in the first place. The efforts to improve rural broadband access may be threatened. • Adult Entertainment Establishments. Municipalities use zoning to form the character of neighborhoods and ensure a well- balanced community. As part of this, many municipalities limit the location of adult entertainment establishments. If a municipality regulates where an adult entertainment establishment can be, an owner could sue for loss in fair market value as one particular location may attract more business than another. If the municipality moves to allow adult entertainment establishments to conduct business anywhere, then property owners adjacent to these establishments may sue for loss in fair market value of their property if, for example, the crime rate rises. • Economic Development. Incentives to attract new industry or retain existing businesses are done as a matter of course in many jurisdictions across the state. It is a contributing factor to Colorado’s strong economy. If Amendment 74 passes, this practice may be stifled by an individual who sues a local government that is providing incentives, claiming their property's fair market value is reduced. Local governments will have to weigh the benefit of bringing in businesses with the detriment of paying for individual lawsuits. Statewide economic development groups are rightly concerned about this aspect of the proposal. Urban renewal and redevelopment projects may similarly be impacted by the negative effects of Amendment 74. • Affordable Housing. Municipal leaders continue to struggle with how to best address the affordable housing challenges many of our communities face. One way communities address the problem is through a rezoning to allow for affordable housing. However, under Amendment 74, an individual may sue because the policy reduces the fair market value of their neighboring property. Suddenly, a project that has wide support in a community has been thwarted, at the expense of all the taxpayers in that city or town. • Land Use. The decision making around land use and zoning is complicated enough. An already complex process to approve a new development will now take even longer and will be more costly because municipal decision makers will have to ensure their decisions cause the least amount of liability. Every action may have a new consequence and inaction may result in legal exposure under Amendment 74. Government actions affect every area of a citizen’s daily life from collecting trash, to employing police officers, to keeping communities safe. Requiring governments to pay for any reduction in fair market value will cripple state and local governments in Colorado, with the burden paid by taxpayers who must also contend with a reduction of government services. Vote “NO” on Amendment 74. Protect our neighborhoods. Urge your friends and associates to do the same. ATTACHMENT B: CML Materials Talking Points for Local Elected Officials on Amendment 74 Amendment 74 – “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation” Amendment 74 seeks to amend Section 15 of Article II of the Colorado Constitution to require just compensation if private property has “reduced fair market value by government law or regulation”. As this Amendment will have negative impacts on local governments if passed, CML encourages local elected officials to speak to their communities. Below are some suggested talking points. • The ability of elected officials to act on behalf of the collective health, safety, and welfare of their community is a core function of government. Amendment 74 undermines the ability of state and local governments to effectively represent their constituents and protect their interests in vital areas such as clean water and air, zoning enforcement, and infrastructure improvements. • Under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments. Amendment 74 expands this well-established concept by requiring the government – i.e., the taxpayers – to pay private property owners for virtually any decrease in the “fair market value” of their property due to a government law or regulation. • No one truly knows how this proposed expansion of Section 15 could impact Colorado or local governments… But adding this language to the Constitution will add new layers of ambiguity to the Constitution and leave local governments and taxpayers with unprecedented levels of legal exposure. • This ambiguity will result in taxpayer dollars going towards lawsuits, which either means a rise in taxes or a reduction in government services for neighborhoods, including parks, police, and utilities. • Any change in law or regulation, even those broadly desired by a community or those in the interest of health, safety, and welfare, could be challenged by private land owners. Governments will be reluctant to address important policy issues. • Amendment 74 will undoubtedly lead to increased legal exposure and costly litigation that will increase costs for government programs and services. These will be paid for at the taxpayers’ expense. • Municipalities will become collateral damage in private property disputes between owners who feel their property rights have been diminished at the behest of another. Any action by a local government could require that these property owners be compensated. • In sum, Amendment 74 has unintended consequences which will cost Colorado communities too much money, while at the same time putting Colorado citizens in danger. It is a very risky proposition for our communities, our families, and our Colorado. • [Cite a positive project in your city or town which could be impacted under Amendment 74.] ATTACHMENT B: CML Materials     RESOLUTION NUMBER ____ A RESOLUTION OPPOSING “AMENDMENT 74”, AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COSTS TO TAXPAYERS WHEREAS, local government services are essential to the citizens of [name of municipality]; and WHEREAS, Amendment 74 has been written by certain out-of-state corporate interests to change the text of the Colorado Constitution, Article II, Section 15, which dates back to 1876 and threatens basic governmental services; and WHEREAS, Amendment 74 declares that any state or local government law or regulation that “reduces” the “fair market value” of a private parcel is subject to “just compensation;” and WHEREAS, while Amendment 74 is shrouded in simple language, it has far reaching and complicated impacts; and WHEREAS, under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments; and WHEREAS, Amendment 74 would expand this well-established concept by requiring the government – i.e., the taxpayers – to compensate private property owners for virtually any decrease whatsoever in the fair market value of their property traceable to any government law or regulation; and WHEREAS, Amendment 74 would create uncertainty because it is not clear what the language actually means or how it can be applied; and WHEREAS, Amendment 74 would severely limit the ability of Colorado’s state and local governments to do anything that might indirectly, unintentionally, or minimally affect the fair market value of any private property; and WHEREAS, Amendment 74 would drastically diminish the ability of our state and local governments to adopt – let alone attempt to enforce – reasonable regulations, limitations, and restrictions upon private property; and WHEREAS, Amendment 74 would place laws, ordinances, and regulations designed to protect public health and safety, the environment, our natural resources, public infrastructure, and other public resources in jeopardy; and WHEREAS, Amendment 74 would directly impact zoning, density limitations, and planned development; and WHEREAS, Amendment 74 would make inherently dangerous or environmentally damaging activities prohibitively costly to attempt to limit or regulate, even in the interest of the public; and WHEREAS, any arguable impact upon fair market value – however reasonable or justified or minimal or incidental or temporary – resulting from state or local government action could trigger a claim for the taxpayers to pay; and WHEREAS, governments would be vulnerable to lawsuits for almost every decision to regulate or not to regulate, making regular government function prohibitively expensive for the taxpayer; and WHEREAS, similar efforts have been attempted and defeated in other states, such as the states of Washington and Oregon; and WHEREAS, the fiscal impact for similar language in Washington was estimated at $2 billion dollars for state agencies and $1.5 billion for local governments over the first six years; and WHEREAS, individuals filed billions of dollars in claims in Oregon before the residents repealed the takings initiative three years after its passage. ATTACHMENT B: CML Materials     NOW, THEREFORE, [Name of Municipality] opposes Amendment 74 and strongly urges a vote of NO this November. Resolved this ____ of 2018 ____________________________________ Mayor Attest _______________________ Municipal Clerk ATTACHMENT B: CML Materials Elected Official Opposition to Amendment 74 Purpose: A sample letter to the editor, a social media post, or speech remarks I oppose Amendment 74 and respectfully request you to vote “no” on this ballot measure in November. If Amendment 74 passes, it will obstruct our ability to make local decisions, reduce government services, and increase taxes. Under the current Colorado Constitution, a property owner has the right to seek compensation from state or local governments for any property taken. Amendment 74 expands this well-established concept by requiring the government – i.e., the taxpayers – to compensate private property owners if a state or local government law or regulation “reduces” the “fair market value” of their property. While this language may appear harmless, Amendment 74 would severely limit local governments from making regulatory or land use decisions without taxpayers bearing the burden of significant costs from individual property owners suing in response to those decisions. In such an environment, government would have difficulty accomplishing even its most basic functions. Unfortunately, Amendment 74 would lock the language into the Colorado Constitution, making it virtually impossible to change. Amendment 74 is unnecessary. Court remedies already exist, under established principles, when an individual believes government regulation has unreasonably impacted property values. Amendment 74 would expand those principles without any limitations or standards by which claims could be measured due to vague language. The result would be that every decision by government bodies will be vulnerable to lawsuits, with the cost borne by taxpayers. Every municipal policy decision which focuses on zoning, land use, liquor, marijuana and other forms of licensing, ordinance enforcement to protect public safety, affordable housing initiatives, environmental protection (especially when mandated by state or federal regulation), urban renewal and redevelopment, and prohibitions of undesirable uses such as an adult entertainment business in a neighborhood, right to farm ordinances, governmental decision making moratoria on certain industrial uses all will be subject to attack when a plaintiff alleges such a governmental action or regulation reduces a property’s fair market value. This will have a chilling effect on the ability of local governments to exercise their authority, if passed. Amendment 74 may also cripple our local budget through both increased legal costs and pay-outs to individual landowners. The State of Oregon briefly enacted a similar statute, and in just three years, thousands of claims were filed in state courts totaling billions of dollars in claims. Three years after the passage of the statute, once voters realized the extent of this economic calamity, they effectively repealed it. Our communities—and our state—simply cannot afford the impacts of this measure. Now is a time when local governments need to be investing in police services, fighting wildfires, transportation infrastructure, and other critical government functions especially with the projected increase in our population. If Amendment 74 passes, it would impede state and local government ability to provide critical services while increasing the cost of government at the taxpayers’ expense. As a local official, my primary responsibility is to serve you and to protect your health, safety, and welfare. Our local government should be able to exercise this duty without the constant threat of costly litigation that undermines the quality of life and economic health of our communities. This Amendment has far too many unintended consequences. I respectfully ask you to vote “No” on Amendment 74. ATTACHMENT B: CML Materials ATTACHMENT B: CML Materials ATTACHMENT B: CML Materials ATTACHMENT B: CML Materials OPINIONEDITORIALS Reject Amendment 74’s threat to good land use policy By THE DENVER POST EDITORIAL BOARD | September 16, 2018 at 6:04 am Helen H. Richardson, The Denver Post New townhomes on Vine Street between 19th and 20th avenues onJanuary 29, 2018, in Denver. These newer, large-scale constructionprojects in which units are oriented inward instead of toward the streetare called “slot” homes. XGET BREAKING NEWS IN YOUR BROWSER. CLICK HERE TO TURN ON NOTIFICATIONS. Colorado voters should soundly reject Amendment 74. The innocuous sounding ballot initiative promises to ensure Colorado property owners receive just compensation when a government action reduces the “fair market value” of their property. ATTACHMENT B: CML Materials But adding 11 words to the Colorado Constitution could open up a world of trouble. It’s a risk this board doesn’t think the public should take. The amendment is written in a way to intentionally allow the courts to !gure out what it means, as they have by interpreting the existing language in the Constitution that requires the government to compensate people for “taking” their property. That means that there will likely be an increase – the Colorado Municipal League’s executive director, Sam Mamet, predicts a "ood – of lawsuits against every city that would dare to make changes to land use policies. The best example we can think of to illustrate the danger of this amendment is Denver City Council’s recent decision to change its building code to no longer allow the construction of slot homes – town homes, condos or apartments that are built with the units facing an alley down the middle rather than the street. The building style maximizes the number of units that can be put on a small lot, but they are an eyesore and damage our communities. The City Council’s action was the right thing to do for its constituents, but there’s no doubt that it reduced the ability of developers to maximize their pro!ts on land slated for slot homes. Amendment 74 would encourage developers to sue to see if the court would grant them compensation for the lost “fair market value” of their yet-to-be- developed property. And it is taxpayers who will foot both the legal costs and the possibility of either a settlement or a monetary award. Chad Vorthmann, executive vice president of the Colorado Farm Bureau, says the courts would likely continue to interpret the Constitution narrowly, limiting takings claims only to those who had made substantial progress toward development. Certainly if a city were arbitrary or capricious in its decision making, or had ripped the rug out from under a developer who was already digging the foundations of a slot home that would be unacceptable. But in those cases, developers would have other legal remedies available to them aside from using the “takings clause” something the courts have reserved for eminent domain seizures of property. We are staunch advocates of property rights, but this amendment is simply too broad. If there are egregious examples of government abuse, we haven’t seen many. And even then, we’d advocate for a narrow legislative solution. ATTACHMENT B: CML Materials TAGS: COLORADO FARM BUREAU,COLORADO MUNICIPAL LEAGUE,EMINENT DOMAIN,LAWSUITS,MINERAL RIGHTS,OIL AND GAS,SLOT HOMES And the oil and gas industry has muddied the waters further. Protect Colorado — a political action group funded by a number of oil and gas companies — spent $1.2 million to help pay for signature gathering to get the amendment onto the ballot. Clearly the industry thinks this will help protect their mineral rights, just in case voters in Colorado pass a separate ballot measure that aims to implement 2,500 foot setbacks from homes, schools and water, for oil and gas development. Fear of an outcome that hasn’t occurred yet is not a good reason to amend our Constitution. To send a letter to the editor about this article, submit online or check out our guidelines for how to submit by email or mail. Popular In the Community Sponsored rwl 1d They should be treated like any other invasive species. dbsb3233 6h Denver housing costs are high and traffic is… worsening. Where are Hizzoner 1d Case was pretty solid in the 2nd half and t… whole offense sucked 800 WILD MUSTANGS CROSS NORTHWEST COLORADO WILDFIRE BURN AREA TO REACH… DENVER HOUSING COSTS ARE HIGH AND TRAFFIC … KISZLA: AFTER STINKING ON HOT AFTERNOON,… ATTACHMENT B: CML Materials SPONSORED CONTENT Jennifer Lopez’s Best Music Videos Sponsored By Connatix undefined AD ATTACHMENT B: CML Materials EMPOWERED CITIES AND TOWNS, UNITED FOR A STRONG COLORADO 1144 Sherman Street, Denver, CO 80203 • (p) 303-831-6411 / 866-578-0936 • (f) 303-860-8175 • www.cml.org To: Interested Municipal Officials From: Laurel Witt, Staff Attorney Sam Mamet, Executive Director Date: September 2018 Subject: Examples: Oregon and Washington In the early 2000s, several states considered ballot measures similar to Amendment 74 including Oregon, Washington, California, Idaho, and Arizona. This memorandum explains experiences in Oregon and Washington—one state who passed a ballot measure and one who did not—to provide examples for Colorado by highlighting the major theme of these ballot measures: more litigation and more payouts at the expense of taxpayers. OREGON MEASURE 37 Under Measure 37, if a government action reduced a property’s fair market value, the owner could sue. If the individual won, Oregon courts required the government to either waive the land use regulation or compensate the individual for the drop in fair market value of their property. Oregon residents approved Measure 37 on the November 4, 2004 ballot. • State and local governments were faced with carrying out a voter-approved mandate with no clear procedures, virtually no legislative guidance, and without the budgetary means to pay for the claims. The measure provided no new revenue source to pay for individual claims. • Measure 37 had some exceptions such as historic public nuisances, public health and safety regulations, regulations to comply with federal law, and regulations surrounding pornography. Amendment 74 contains no such exemptions and therefore will have far greater negative impacts to Colorado. • The consequences were enormous in terms of liability – the measure gave property owners the ability to collect monetary compensation unless government acted within 180 days of filing a lawsuit. • Within three years, thousands of claims were filed with state and local governments with claims costing in excess of several billion dollars. Three years after Measure 37 passed, Oregon voters repealed the majority of Measure 37. WASHINGTON INITIATIVE 933 Initiative 933 (“I-933”) was a ballot measure in the state of Washington in 2006 that was defeated by voters. • The University of Washington conducted a study on the fiscal impacts of the measure to local and state governments. In the near term, the University concluded I-933 would cost taxpayers nearly $8 billion – more than $1,000 per resident – to pay compensation claims. • The text of I-933 was similar to Amendment 74, except that the measure included any government action going back ten years. Amendment 74 is silent as to whether private property owners can sue based on government actions that occurred in the past. • I-933 also included some exemptions including government actions that “apply equally to all property subject to the agency’s jurisdiction” and actions aimed at preventing “an immediate threat to human health and safety.” Amendment 74 contains no such exemptions, creating more liability than what was at stake in Washington. ATTACHMENT B: CML Materials Colorado’s Fair Campaign Practices Act Restricts Use of Public Funds Ballots in statewide or local elections often include issues of profound importance to Colorado municipalities. As community leaders, municipal officials can and should become actively involved in the public discussion of these issues. However, the state Fair Campaign Practices Act (FCPA) places significant restrictions on the use of public funds for advocacy purposes or for dispensing information in connection with local or statewide ballot issues (C.R.S. § 1-45-117). The FCPA restrictions on the use of public funds apply: • to statutory cities and towns or to those home rule municipalities that have not adopted provisions regarding campaign finance, and • once a statewide petition has been submitted for title setting, or • for local ballot issues, once an issue has been submitted for the purpose of having a title fixed or that has had a title fixed, upon final action of the governing body placing a referred measure on the ballot, or • once the recall election of any officer has been certified to voters. These guidelines are intended to provide municipal officials and employees with general guidance concerning what they may or may not do, consistent with the FCPA. However, your municipal attorney should be consulted, and any home rule provision(s) reviewed, before any action is taken that could be viewed as subject to the public-funds restrictions in the FCPA. Permissible activities It is permissible to do the following in campaigns in support of or in opposition to a proposed measure: 1. The local governing body may take a position of advocacy on the issue. The governing body may pass a resolution and take a public stand urging the electorate to vote for or against any matter. Local governments may report the passage of or distribute such resolutions “through established, customary means, other than paid advertising, by which information about other proceedings of [the governing body] is regularly provided to the public” (such as via a local government newsletter or cable television broadcast). 2. The Act provides that any public official who has “policy-making responsibilities” may spend up to $50 of public money on phone calls, letters, or other activities “incidental” to expressing his or her opinion on any issue. It is advisable to consult with your municipal attorney before expending public funds in reliance on this provision. 3. Elected officials may speak out on the issues presented on the ballot. There is no limitation in the FCPA on the right of public officials to address any matter before the electorate; the limitations in the Act are on the expenditure of public funds. 4. Public employees and paid elected officials may work on a campaign and speak out on the issues on their own time. Any public employee who becomes involved in the campaign should be prepared to document that such work was done on his or her own time. If the public employee is on a recorded-hour system, make sure the record reflects that the public employee took time off from public duties to engage in campaign activities. 5. Public employees may respond to unsolicited questions or requests for information about a ballot issue; however, the local government should carefully avoid producing information for distribution that is designed to influence the passage or defeat the issue. 6. The local governing body may use public funds to develop and distribute a factual summary on any issue that will appear on a ballot in the jurisdiction. The summary must include arguments for or against the proposal, but the summary itself may not contain a conclusion or opinion in favor of or against the proposal. Impermissible activities It is impermissible under the FCPA, except as indicated above, to do the following in campaigns in support of or in opposition to a proposed measure: 1. Use or expend public funds or supplies; 2. Allow employees or paid officers to work on a campaign during their working hours or use any public facility or equipment for the purposes of a campaign; 3. Provide transportation or advertising using public property or funds to influence, directly or indirectly, the passage or defeat of any issue; or 4. Grant an employee or officer leave from his job or office with the local government, with pay, to work on a campaign. For more information, contact Laurel Witt, CML Staff Attorney, at lwitt@cml.org or 303-831-6411. ATTACHMENT B: CML Materials ATTACHMENT B: CML Materials REDUCTION IN ESSENTIAL SERVICES AMENDMENT 74 = COSTLY LITIGATION = And these are just a few examples of the implications. For more information, visit the Colorado Municipal League’s website at www.cml.org. Brochure produced by the Colorado Municipal League. Colorado Municipal League 1144 Sherman Street Denver, CO 80203 (p) 303-831-6411 / 866-578-0936 (f) 303-860-8175 www.cml.org You will be making an important decision on November 6. Amendment 74 will subject your hometown to unprecedented levels of legal exposure at the public’s expense. WHAT YOU NEED TO KNOW BEFORE VOTING ON AMENDMENT 74 ATTACHMENT B: CML Materials AMENDMENT 74? Financed by certain out- of-state special interests as a state constitutional amendment to strengthen “private property rights,” Amendment 74 is a thinly veiled attempt to protect special-interest profits at the expense of everyday Coloradans. Amendment 74 will diminish your city or town’s ability to provide basic services residents depend on at the taxpayers’ expense. Amendment 74 will undermine the ability of local governments to protect their residents and communities in vital areas such as: • public safety and crime reduction • clean air and water • preserving neighborhood integrity • transportation, sewer maintenance, and other critical infrastructure • trash collection • parks, recreation centers, and other neighborhood amenities If Amendment 74 passes, it will: • hold your community liable simply for operating in the public interest • increase lawsuits and costly litigation — all financed by you, the taxpayer • increase the cost of government while simultaneously reducing essential municipal services • decrease the quality of life for all Coloradans — for the benefit of out-of- state special interests 74 ATTACHMENT B: CML Materials TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Eva Wilson, Mobility Director Date: September 25, 2018 Topic: RESOLUTION 18–16 SUPPORTING PROPOSITION 110 “LET’S GO, COLORADO” TO INCREASE FUNDING FOR STATEWIDE AND LOCAL TRANSPORTATION NEEDS ACTION BEFORE COUNCIL: Council is asked to take action on Resoluti0n 18-16 supporting Proposition 110 “Let’s Go, Colorado” to increase Funding for statewide and local transportation needs. RECOMMENDED MOTION: “I move to approve Resolution 18-16 supporting Proposition 110 “Let’s Go, Colorado to increase funding for statewide and local transportation needs. SUMMARY: Proposition 110 (nicknamed “Let’s Go, Colorado”) proposes to raise the sales tax by 0.62 percent to increase transportation investment. This sales tax increase, which would sunset in 20 years, would raise up to $767 million in the first year and allow the state to bond up to $6 billion to pay for transportation projects around the state. The funds raised would be divided between state highways, cities, counties and a dedicated multi-modal fund. PRO/CON: Funds $7 billion in highway projects around the state, as well as providing funding for city, county and transit/bicycle/pedestrian needs, but raises taxes for twenty years to pay for bonds and projects. The measure would increase the state’s sales-and-use tax rate by 0.62 percentage points, from 2.9 percent to 3.52 percent. The measure is backed by the Denver Metro Chamber of Commerce, the Colorado Contractors Association, the Colorado Metro Mayors Caucus and Club 20, the Western Colorado advocacy group, among other civic and business groups statewide. ATTACHMENT: 1. Resolution 18-16 2. Let’s Go, Colorado Slideshow 3. Proposed City Revenue Distribution TOWN OF AVON RESOLUTION 18-16 SUPPORTING PROPOSITION 110 “LET’S GO, COLORADO” TO INCREASE FUNDING FOR STATEWIDE AND LOCAL TRANSPORTATION NEEDS WHEREAS, on November 6, 2018, state voters will have the opportunity to support a measure to raise the state’s sales-and use tax by 0.62 percentage points, from 2.9 percent to 3.52 percent, for statewide and local transportation needs; and WHEREAS, the increased demands on Colorado's transportation infrastructure has resulted in increased traffic congestion, safety concerns, air pollution, and lost worker productivity; and WHEREAS, the Colorado Department of Transportation (CDOT) has identified $9 billion in much needed statewide transportation projects that lack funding; and WHEREAS, addressing Colorado's transportation funding challenges requires a dedicated, sufficient, and guaranteed stream of revenue at the state and local levels; and WHEREAS, Proposition 110 could be expected to raise $767 million in its first year and allow for the bonding of $6 billion for state transportation projects; and WHEREAS, of the revenue generated by Proposition 110, 60 percent would be directed to statewide transportation projects, multimodal transportation investments, and bond repayment. Two examples of high profile, regional priorities for Avon residents, workers, and visitors with a $234.5 million funding commitment include: • I-70 West Vail Pass Auxiliary Lanes, Phase 1 • I-70 West: Dowd Canyon Interchange; and WHEREAS, the remaining 40 percent of new revenue would be allocated equally between municipal and county governments and made available for multimodal capital or operational expenses as determined by local transportation needs. Potential projects include: • Pedestrian safety improvements along Highway 6 • Avon Transit enhancements and bus fleet electrification • Trail enhancements • Bikeshare program expansion; and WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to pass a resolution taking a position of advocacy and reporting the passage of, and distributing, the resolution through established and customary means by C.R.S. §1-45-117(1)(b)(III). NOW, THEREFORE, the Avon Town Council, hereby RESOLVES TO SUPPORT PROPOSITION 100 “LET’S GO, COLORADO” TO INCREASE FUNDING FOR STATEWIDE AND LOCAL TRANSPORTATION NEEDS. The Avon Town Council further RESOLVES to direct the Town Clerk to post and publish this Resolution in the established, customary manner as the posting and publishing of other resolutions. ADOPTED September 25, 2018 by the Avon Town Council. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk FUNDING SHORTFALL $1 Billion Per Year Shortfall General Assembly has real competing interests Gas Tax as a revenue source is diminishing Everyone agrees -our roads, bridges and transit systems need a lot of work Colorado set the gas tax to 22 cents per gallon in 1991. The gas tax is the primary in- state revenue source for road repair, maintenance and construction In 1991, in Colorado … —3,387,000 people lived here —Coloradans drove a combined 28 billion miles —Colorado spent $126 per driver 10¢10¢ WHERE IT STARTED 1991 2018 =54¢ DECREASING PURCHASING POWER 18% Average increase in fuel efficiency = less revenue for transportation INCREASING FUEL EFFICIENCY 30 MPG 26 MPG 23 MPG 18 MPG SOURCES: EIA: https://www.eia.gov/totalenergy/data/annual/showtext.php?t=pTB0208 EPA: http://www.motortrend.com/news/average-fuel-economy-u-s-rises-24-7-mpg/ Population +164% Growth Lane Miles +17% Growth GROWING POPULATION SOURCES: CO Department of Transportation, CO State Demographer •$9 billion in outstanding projects •Spending-per-driver cut in half ($69 per person) •Population boom with no expansion leads to statewide gridlock PUTTING IT ALL TOGETHER About 6¢ on a $10 purchase $767 million $6 billion First year, statewide revenue from sales tax Bond principal for state projects 20 Years This tax will sunset after 20 years 0.62 SALES TAX Raises enough to address the problem A small amount that adds up Everyone pays the same rate, including tourists Denver Metro Chamber of Commerce Downtown Denver Partnership I-70 Coalition Denver South Economic Development Conservation Colorado Pro 15 LiveWell Colorado Colorado Bankers Association Colorado Gaming Association Colorado Association of Transit Agencies Colorado Association of Mechanical and Plumbing Contractors Jefferson County Economic Development Corp. Western Colorado Contractors Association Move Colorado Colorado Association of Wheat Growers North Area Transportation Alliance BIPARTISAN STATEWIDE COALITION Ports to Plains Alliance Commuting Solutions Adams County Economic Development Colorado Association of Home Builders Colorado Farm Bureau Colorado Dairy Farmers American Concrete Pavement Association Martin Marietta Colorado Asphalt Pavement Association ACEC of Colorado Colorado Association of Realtors Associated General Contractors Cities of Lone Tree City of Sheridan City of Wheat Ridge Town of Limon Mechanical Contractors Association of Colorado Mechanical Service Contractors Association of Colorado Colorado Contractors Association Colorado Dairy Farmers Association BIPARTISAN STATEWIDE COALITION Bicycle Colorado Club 20 Smart Commute Metro North SYSTEMWIDE IMPROVEMENTS STATE PROJECTS Address CDOT’s strategic priority investment program Bond against new revenue to immediately start critical projects US 40: Kremmling East and West ●Road widening and shoulder work along US 40 to both sides of Kremmling ●Total Cost: $21 million Steamboat Springs Transit Center Renovation ●Reconstruction of the transit center in Steamboat Springs with matching Multimodal funds ●Total Cost: $18 million I-70 West: Westbound Peak Period Shoulder Lanes PPSL ●Construction of a Peak Period Shoulder Lane (PPSL) on westbound I-70 from the Veterans Memorial Tunnels to Empire, similar to the eastbound I-70 Mountain Express Lane. ●Total Cost: $80 million New dollars dedicated to municipal and county transportation projects Projects selected by local leaders, not mandated by the state ✓Street repaving and pothole repair ✓Matching for state projects ✓New intersections ✓Lane widening ✓Shoulders ✓Bridge repair ✓Sidewalks ✓Bike lanes ✓Transit projects Potential Local Projects to Fund: LOCAL PRIORITIES City/County First Year Amount 20-year Total Hayden $71,551 $2,023,446 Oak Creek $33,888 $958,346 Steamboat Springs $502,998 $14,224,636 Yampa $17,548 $496,243 Routt County $2,214,900 $62,636,670 ✓Leverage state and local dollars for projects ✓Fund local multimodal projects across the state ✓Fund interregional transit projects, like Bustang MULTI-MODAL MOBILITY Allocate funding to local communities across the state and give them the authority to make transportation decisions Create a reliable revenue stream to support and complete state transportation projects Prioritize rural and urban multimodal mobility ADDING IT ALL UP Endorse the campaign Follow us on social media Spread the word! Updated: 04/23/18 City share of first year new sales tax revenue City Current HUTF Distributions for Fiscal Year 2017 (including FASTER revenue) 0.62% Sales Tax Increase AGUILAR $23,276 $29,645) AKRON $68,042 $78,194) ALAMOSA $269,914 $308,124) ALMA $12,826 $12,036) ANTONITO $51,606 $48,422) ARRIBA $14,354 $16,250) ARVADA $4,155,245 $4,539,851 ) ASPEN $249,587 $295,110) AULT $52,249 $53,813) AURORA $11,972,837 $12,263,083 ) AVON $196,558 $216,792) BASALT $125,892 $137,128) BAYFIELD $84,592 $87,809) BENNETT $70,698 $79,777) BERTHOUD $231,779 $234,938) BETHUNE $10,083 $12,857) BLACK HAWK $14,114 $16,009) BLANCA $49,454 $54,710) BLUE RIVER $36,609 $48,591) BONANZA $37 $5,339) BOONE $11,830 $14,049) BOULDER $2,567,425 $2,884,347 ) BOW MAR $34,367 $39,325) BRANSON $6,004 $7,026) BRECKENRIDGE $243,012 $300,482) BRIGHTON $1,066,306 $1,025,045 ) BROOKSIDE $9,009 $10,836) BROOMFIELD $2,131,030 $2,115,417 ) BRUSH $146,131 $171,727) BUENA VISTA $122,335 $137,349) BURLINGTON $127,978 $147,119) CALHAN $31,269 $36,088) CAMPO $9,770 $11,926) CANON CITY $588,657 $704,582) CARBONDALE $181,635 $189,445) CASTLE PINES NORTH $292,163 $322,933) CASTLE ROCK $1,812,076 $1,756,298 ) CEDAREDGE $82,332 $98,047) CENTENNIAL $5,590,424 $5,819,722 ) CENTER $65,616 $77,136) CENTRAL CITY $51,646 $58,788) CHERAW $8,857 $10,034) CHERRY HILLS VILLAGE $245,848 $288,208) CHEYENNE WELLS $43,521 $51,828) COAL CREEK $17,032 $17,899) COKEDALE $5,021 $5,998) COLLBRAN $12,231 $14,411) COLORADO SPRINGS $18,221,161 $20,113,258 ) COLUMBINE VALLEY $45,423 $51,409) COMMERCE CITY $1,730,467 $1,752,742 ) CORTEZ $262,171 $309,015) CRAIG $311,037 $382,631) CRAWFORD $17,493 $17,990) CREEDE $20,869 $24,116) CRESTED BUTTE $51,456 $59,312) CRESTONE $15,993 $13,417) CRIPPLE CREEK $53,384 $59,305) CROOK $9,306 $10,745) CROWLEY $9,018 $10,751) DACONO $156,008 $194,873) DE BEQUE $20,343 $23,333) DEER TRAIL $33,032 $37,121) DEL NORTE $58,849 $72,212) DELTA $322,980 $375,185) DENVER $29,302,547 $29,911,313 ) DILLON $63,448 $116,381) DINOSAUR $17,572 $20,775) DOLORES $30,214 $36,209) DOVE CREEK $31,164 $35,476) DURANGO $528,830 $581,424) EADS $29,145 $34,620) EAGLE $224,831 $248,362) EATON $155,936 $187,107) ECKLEY $16,995 $20,075) EDGEWATER $120,101 $125,676) ELIZABETH $55,422 $62,214) EMPIRE $11,797 $14,141) ENGLEWOOD $1,013,137 $1,082,423 ) ERIE $689,970 $740,268) ESTES PARK $280,816 $313,639) EVANS $527,154 $627,565) FAIRPLAY $32,087 $36,425) FEDERAL HEIGHTS $269,280 $263,985) FIRESTONE $376,055 $414,760) FLAGLER $36,934 $43,167) FLEMING $19,402 $22,587) FLORENCE $126,036 $149,944) FORT COLLINS $4,681,820 $5,226,518 ) FORT LUPTON $250,007 $327,782) FORT MORGAN $342,188 $374,587) FOUNTAIN $716,620 $766,674) FOWLER $39,333 $46,989) FOXFIELD $40,047 $46,173) FRASER $46,836 $54,511) FREDERICK $416,405 $445,893) FRISCO $110,369 $129,289) FRUITA $394,658 $440,701) GARDEN CITY $7,321 $7,384) GENOA $10,638 $11,555) GEORGETOWN $49,106 $55,326) GILCREST $41,248 $39,960) GLENDALE $78,513 $71,518) GLENWOOD SPRINGS $297,101 $334,167) GOLDEN $540,625 $614,852) GRANADA $23,544 $30,393) GRANBY $62,723 $70,021) GRAND JUNCTION $2,311,192 $2,684,977 ) GRAND LAKE $30,771 $35,182) GREELEY $2,702,842 $3,202,579 ) GREEN MOUNTAIN FAL $29,166 $32,114) GREENWOOD VILLAGE $545,687 $633,174) GROVER $12,450 $12,288) GUNNISON $162,269 $183,772) GYPSUM $262,488 $263,403) HARTMAN $6,859 $8,117) HASWELL $8,124 $9,384) HAXTUN $41,320 $48,055) HAYDEN $64,835 $71,551) HILLROSE $9,397 $9,874) HOLLY $32,875 $38,749) HOLYOKE $88,473 $102,341) HOOPER $9,191 $10,331) HOT SULPHUR SPRING $29,949 $33,106) HOTCHKISS $32,469 $36,884) HUDSON $81,330 $84,821) HUGO $31,739 $36,559) IDAHO SPRINGS $68,653 $76,086) IGNACIO $24,511 $26,257) ILIFF $12,414 $12,961) JAMESTOWN $10,510 $12,671) JOHNSTOWN $418,053 $411,612) JULESBURG $55,775 $65,416) KEENESBURG $44,744 $51,316) KERSEY $50,048 $48,667) KIM $10,109 $11,311) KIOWA $22,666 $28,591) KIT CARSON $15,515 $18,728) KREMMLING $61,446 $69,694) LAJARA $42,480 $38,481) LA JUNTA $227,901 $269,495) LA SALLE $56,964 $71,369) LA VETA $45,092 $53,457) LAFAYETTE $815,975 $861,128) LAKE CITY $32,554 $40,461) LAKESIDE $2,197 $2,624) LAKEWOOD $5,015,098 $5,601,989 ) LAMAR $261,110 $313,696) LARKSPUR $10,462 $15,199) LAS ANIMAS $81,563 $98,433) LEADVILLE $117,247 $128,315) LIMON $76,690 $90,462) LITTLETON $1,375,946 $1,553,846 ) LOCHBUIE $157,055 $184,138) LOG LANE VILLAGE $23,535 $24,865) LONETREE $362,745 $358,938) LONGMONT $2,925,615 $3,159,702 ) LOUISVILLE $633,674 $713,745) LOVELAND $2,559,400 $2,942,609 ) LYONS $64,455 $74,695) MANASSA $54,782 $57,720) MANCOS $31,555 $38,233) MANITOU SPRINGS $157,343 $180,370) MANZANOLA $13,461 $16,424) MARBLE $11,048 $11,839) MEAD $195,050 $200,775) MEEKER $86,068 $116,158) MERINO $13,260 $13,232) MILLIKEN $204,684 $241,283) MINTURN $39,022 $45,518) MOFFAT $15,797 $15,752) MONTE VISTA $145,400 $173,228) MONTROSE $739,188 $839,120) MONUMENT $227,765 $227,625) MORRISON $11,238 $12,529) MOUNTAIN VIEW $11,944 $13,236) MOUNTAIN VILLAGE $64,477 $68,305) MT CRESTED BUTTE $47,574 $51,368) NATURITA $20,656 $24,962) NEDERLAND $55,214 $61,742) NEW CASTLE $133,269 $148,740) NORTHGLENN $1,039,857 $1,135,237 ) NORWOOD $17,876 $23,308) NUCLA $27,331 $33,032) NUNN $32,178 $31,276) OAK CREEK $29,479 $33,888) OLATHE $50,990 $59,631) OLNEY SPRINGS $12,529 $14,960) OPHIR $7,023 $7,910) ORCHARD CITY $147,908 $174,041) ORDWAY $37,379 $45,281) OTIS $21,583 $25,602) OURAY $39,557 $45,950) OVID $12,471 $15,451) PAGOSA SPRINGS $74,508 $85,338) PALISADE $69,952 $78,913) PALMER LAKE $99,642 $108,252) PAOLI $5,190 $6,129) PAONIA $48,465 $56,624) PARACHUTE $42,810 $46,154) PARKER $1,444,859 $1,502,906 ) PEETZ $12,333 $12,605) PIERCE $36,925 $40,462) PITKIN $8,358 $10,389) PLATTEVILLE $142,898 $132,140) PONCHA SPRINGS $34,957 $50,864) PRITCHETT $8,332 $10,175) PUEBLO $3,417,169 $3,976,214 ) RAMAH $8,221 $9,444) RANGELY $85,250 $107,643) RAYMER $9,230 $11,342) RED CLIFF $10,392 $11,788) RICO $14,469 $15,489) RIDGWAY $50,164 $54,572) RIFLE $298,938 $338,164) ROCKVALE $27,210 $32,383) ROCKY FORD $124,758 $150,224) ROMEO $14,809 $17,079) RYE $5,378 $6,701) SAGUACHE $26,547 $30,766) SALIDA $212,547 $245,515) SAN LUIS $26,296 $30,227) SANFORD $66,780 $72,484) SAWPIT $1,369 $1,423) SEDGWICK $13,028 $15,354) SEIBERT $11,642 $12,966) SEVERANCE $128,110 $136,788) SHERIDAN $178,371 $180,456) SHERIDAN LAKE $6,110 $7,029) SILT $103,829 $112,931) SILVER CLIFF $47,975 $52,678) SILVER PLUME $9,287 $10,494) SILVERTHORNE $219,762 $246,652) SILVERTON $36,245 $42,825) SIMLA $25,818 $29,894) SNOWMASS VILLAGE $129,883 $143,378) SOUTH FORK $37,597 $43,628) SPRINGFIELD $65,254 $81,442) STARKVILLE $3,398 $4,114) STEAMBOAT SPRINGS $482,020 $502,998) STERLING $355,631 $417,562) STRATTON $31,537 $39,559) SUGAR CITY $15,102 $17,888) SUPERIOR $312,381 $354,954) SWINK $21,458 $25,579) TELLURIDE $70,889 $75,973) THORNTON $3,938,157 $3,931,117 ) TIMNATH $122,520 $77,852) TRINIDAD $314,658 $380,916) TWO BUTTES $10,358 $11,783) VAIL $218,359 $254,087) VICTOR $18,939 $20,793) VILAS $5,931 $7,232) VONA $8,150 $9,591) WALDEN $30,429 $35,812) WALSENBURG $118,567 $140,052) WALSH $30,057 $36,618) WARD $8,834 $10,048) WELLINGTON $234,878 $239,259) WESTCLIFFE $29,674 $38,515) WESTMINSTER $3,612,548 $3,835,399 ) WHEAT RIDGE $1,062,422 $1,184,066 ) WIGGINS $35,556 $39,698) WILEY $15,299 $17,796) WILLIAMSBURG $35,025 $39,878) WINDSOR $821,110 $842,153) WINTER PARK $46,724 $51,678) WOODLAND PARK $293,192 $342,849) WRAY $87,593 $101,157) YAMPA $15,542 $17,548) YUMA $130,778 $149,824) TOTAL $142,550,207 $153,340,000 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:07 p.m. A roll call was taken, and Council members present were Amy Phillips, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Megan Burch was absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Public Works Director Gary Padilla, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Start time 07:18 Eric Heil, Town Attorney requested the addition of Executive Sessions with the Town Attorney for the purpose of receiving legal advice under CRS §24-6-402(2)(a) regarding alleged potential claims against the Town and regarding the Pitmaster BBQ Festival. Mayor Fancher requested the addition of an action item 4.5. to approve a $5,000 donation to the Beaver Bench Condominium fire victims, with funding appropriated from the contingency line item in the 2018 Community Grants budget. Councilor Wolf asked for a moment of silence in memory of 9/11. Councilor Wolf moved to approve the agenda with the requested changes. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Burch was absent. 3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 10:05 Brain Nolan spoke in favor on Resolution 18-13, Minor PUD Amendment Application for Lot 38 and Lot 39W, Block 4, WIldridge Subdivision. 4. ACTION ITEMS Start time: 11:58 4.1. PUBLIC HEARING SECOND READING OF ORDINANCE 18-14, APPROVING THE FINAL PUD APPLICATION FOR THE VILLAGE (AT AVON) PUD, AMENDING PLANNING AREA F, VILLAGE (AT AVON) (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Prince recused himself from the discussion. Dominic Mauriello appeared for the applicant. Mayor Fancher opened the public hearing for comments. Michael Lindholm commented on the sensitive water issue. Mayor Pro Tem Smith Hymes moved to approve second reading of Ordinance 18-14, approving the final PUD application and Record of Decision. Councilor Phillips seconded the motion and it passed with a vote of 5. Councilor Prince abstained from the vote. Councilor Burch was absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 Councilor Burch arrived at 5:16 p.m. 4.2. PUBLIC HEARING RESOLUTION 18-13, APPROVING A MINOR PUD AMENDMENT APPLICATION FOR LOT 38 AND LOT 39W, BLOCK 4, WILDRIDGE SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 17:40 Bobby Ladd presented the application and represented the applicant. Mayor Fancher opened the public hearing for comments. David Strandjord spoke in favor of the proposed application because of the one curb cut. Peter Warren expressed support for the application. Mayor Pro Tem Smith Hymes moved to approve Resolution 18-13, thereby approving a Minor PUD amendment application for Lot 38 and 39w Block 4 Wildridge PUD, with the following amendment to condition #3 in Resolution 18-13: "The shared driveway shall be privately maintained." Councilor Wolf seconded the motion and it passed unanimously by Council members present. 4.3. PUBLIC HEARING MOTION TO CONTINUE SECOND READING OF ORDINANCE 18-13, APPROVING AMENDMENTS TO TITLE 15, BUILDINGS AND CONSTRUCTION, AVON MUNICIPAL CODE, CONCERNING CONTRACTOR LICENSING AND RESIDENTIAL INSULATION STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 58:38 Councilor Gennett stepped out of the room. Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved to continue second reading of Ordinance 18-13 to the October 9, 2018 meeting. Councilor Prince seconded the motion and it passed with a vote of 6. Councilor Gennett was absent. 4.4. APPROVAL OF MINUTES FROM AUGUST 28, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) Start time: 59:48 Mayor Pro Tem Smith Hymes moved to approve the minutes from August 28, 2018 Council meeting. Councilor Phillips seconded the motion and it passed with a vote of 5. Councilor Gennett was absent. Councilor Burch abstained from the vote due to her absence. Councilor Gennett returned to the meeting at 6:02 p.m. 4.5. ADDED ITEM - APPROVAL OF A $5,000 DONATION TO THE BEAVER BENCH CONDOMINIUM FIRE VICTIMS, WITH FUNDING APPROPRIATED FROM THE CONTINGENCY LINE ITEM IN THE 2018 COMMUNITY GRANTS BUDGET Start time: 1:00:18 Councilor Wolf moved to approve a $5,000 donation to the Beaver Bench Condominium fire victims, with the funding appropriated from the contingency line item in the 2018 Community Grants TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 3 budget. Councilor Burch seconded the motion and it passed unanimously by Council members present. 5. WORK SESSION Start time: 1:04:48 5.1. DIRECTION ON WINTER ACCESS OUT OF THE WILDRIDGE SUBDIVISION, INCLUDING REVIEW OF THE MEMORANDUM OF UNDERSTANDING WITH THE U.S. FOREST SERVICE, DATED JULY 21, 2014 (PLANNING DIRECTOR MATT PIELSTICKER) Peter Warren spoke regarding the snowmobile proposal. Council provided direction to staff to provide the U.S. Forest Service with an updated comment letter to reflect that Council does not support winter motorized access out of Wildridge. Council also asked staff to work with U.S. Forest Service on identifying how improvements can be made to both 717.1B and 779. 6. WRITTEN REPORTS 6.1. UPDATE ON TOWN MANAGER SEARCH (HUMAN RESOURCES DIRECTOR LANCE RICHARDS) 6.2. SEPTEMBER 4, 2018 PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 1:43:26 Councilor Phillips reported on recent Ad Hoc Special Events Committee meetings and how the Committee is in the process of making funding and date recommendations for 2019. She also commented on the EGE Air Alliance. Mayor Pro Tem Smith Hymes noted an article in the Vail Daily about drought conditions and streamflow updates. She also talked about a recent meeting she had with representatives of Holy Cross Energy to talk about some of their projects and initiatives. Mayor Fancher mentioned that tomorrow is the last Lake Street Market of the season and that the 40th Anniversary Community Picnic is on September 13th. She also reminded the Council about the upcoming Council Retreat on September 19th. Councilor Burch thanked Mayor Pro Tem Smith Hymes for writing the history of Avon articles in the Vail Daily. Councilor Wolf mentioned the drought conditions and what the Town is doing to reduce its irrigation consumption and overall water usage. He also thanked everyone who participated in the Beaver Bench fundraiser at Agave. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 11, 2018 AVON TOWN HALL, ONE LAKE STREET Page 4 8. EXECUTIVE SESSION Mayor Fancher moved to convene into executive Sessions with the Town Attorney for the purpose of receiving legal advice under CRS §24-6-402(2)(a) regarding alleged potential claims against the Town and regarding the Pitmaster BBQ Festival. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present the time was 6:55 p.m. Council convened into Executive Session began at 7:09 a.m. Executive Session ended at 7:56 p.m. Council reconvened into the Regular Meeting adjourned at 7:57 p.m. 9. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 7:57 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ___________________________________ Sarah Smith Hymes ___________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ TOWN OF AVON, COLORADO TOWN COUNCIL RETREAT MEETING MINUTES FOR WEDNESDAY, SEPTEMBER 19, 2018 AVON POLICE DEPARTMENT TRAINING ROOM, 60 BUCK CREEK ROAD, AVON, CO 81620 Avon Retreat Minutes 9/19/18 Page 1 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 11:01 a.m. A roll call was taken and Council members present were Amy Phillips, Megan Burch and Sarah Smith Hymes. Matt Gennett, Jake Wolf and Scott Prince were not present. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Planning Director Matt Pielsticker, Town Engineer Justin Hildreth, Police Chief Greg Daly, Fleet Director Rego Omerigic, Mobility Director Eva Wilson, Recreation Director John Curutchet, Human Resources Director Lance Richards, Public Works Superintendent Drew Isaacson and Deputy Town Manager Preston Neill. Councilor Prince arrived at 11:10 a.m. 2. PUBLIC COMMENT There were no comments made. 3. TOWN GOVERNMENT 3.1. UPDATE ON TOWN MANAGER SEARCH Lance Richards, Human Resources Director, provided a brief update on the search to fill the Town Manager position. 3.2. UPDATE ON MOVE TO NEW TOWN HALL Justin Hildreth, Town Engineer, provided an update on the Town Hall Construction Project and the upcoming process for moving into the building. 3.3. REVIEW OF ORGANIZATIONAL CHART Council discussed the current organizational chart. The majority of the conversation revolved around where special events should fall on the chart. 3.4. REVIEW OF CULTURE STATEMENT Scott Wright, Acting Town Manager, led a discussion about the Town of Avon Culture Statement. 4. STRATEGIC PLAN 4.1. UPDATE ON ACCOMPLISHMENTS 4.2. RECOMMENDED ADDITIONS OR REVISIONS TO PRIORITIES Council was provided with updates on the existing priorities in the Strategic Plan. Council also reviewed and provided comments on some of the proposed revisions and additions to the Plan. Council will continue to provide staff with comments and recommended updates to the Plan in advance of the adoption of the 2019 Strategic Plan, which is scheduled for the October 23, 2018 Council meeting. 5. TOWN-OWNED PROPERTIES PROGRAM 5.1. UPDATE ON HAHNEWALD BARN PROCESS 5.2. OLD TOWN HALL 5.3. 351 BENCHMARK BUILDING 5.4. ANNEX 5.5. RECREATION CENTER EXPANSION/REMODEL Matt Pielsticker, Planning Director, and Justin Hildreth, Town Engineer, delivered a presentation on the Town of TOWN OF AVON, COLORADO TOWN COUNCIL RETREAT MEETING MINUTES FOR WEDNESDAY, SEPTEMBER 19, 2018 AVON POLICE DEPARTMENT TRAINING ROOM, 60 BUCK CREEK ROAD, AVON, CO 81620 Avon Retreat Minutes 9/19/18 Page 2 Avon Town-Owned Properties Plan with the intent of receiving direction from Council on how to prioritize upcoming projects. Council provided direction on various items. 6. SPECIAL EVENTS 6.1. COUNCIL VISION AND PHILOSOPHY (DEPUTY TOWN MANAGER PRESTON NEILL) 6.2. INFRASTRUCTURE IMPROVEMENTS (DEPUTY TOWN MANAGER PRESTON NEILL) 6.3. LIQUOR LICENSING (TOWN ATTORNEY ERIC HEIL) 6.4. SALUTE TO THE USA (SPECIAL EVENTS MANAGER LOUISE DUNCAN) 6.4.1. PROPOSED FIREWORKS MAKE-UP DATE 6.4.2. ELIMINATION OF FENCING 6.4.3. BEER GARDEN 6.4.4. CONTINUATION OF FIREWORKS VS. OTHER ENTERTAINMENT (E.G., LASER SHOW) Council discussed a variety of topics related to special events, including but not limited to, vision and philosophy related to special events, potential approaches to making events in Avon more successful, special event seed- funding, liquor licensing, infrastructure improvements and Salute to the USA event planning. 7. ADJOURNMENT There being no further business to come before the Council, Councilor Phillips made a motion to adjourn the Council Retreat. Councilor Burch seconded the motion and the motion passed on a vote of 4 to 0. Mayor Fancher had stepped out of the room. Councilor Gennett and Councilor Wolf were absent. The time was 5:00 p.m. RESPECTFULLY SUBMITTED: _________________________________ Preston Neill, Deputy Town Manager APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Amy Phillips ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Ad Hoc Special Events Committee: Bobby Bank, Committee Chair Lisa Mattis, Committee Vice-Chair Tom Butz Pedro Campos Ruth Stanley Kathy Ryan Timothy Haley Chris Cofelice Date: September 25, 2018 Agenda: REVIEW AND DIRECTION IN REGARD TO 2019 SPECIAL EVENTS FUNDING, AS RECOMMENDED BY THE AD HOC SPECIAL EVENTS COMMITTEE SUMMARY: Council is asked to review the Ad Hoc Special Events Committee’s recommendation for 2019 Special Events funding and scheduling and establishment of a reserve. The cash funding recommendations are found in Exhibit 1. The recommended Special Events calendar including Town of Avon Recreation events is found in Exhibit 2. COUNCIL ACTION: Council is asked to provide direction on the recommendations prior to final preparation of the 2019 Budget, which is scheduled for public hearing and adoption at the November 13, 2018 Council meeting. OVERVIEW: At the Avon Town Council work session held on September 21, 2016, direction was given to create an Ad Hoc Special Events Committee to guide the direction of future events in the Town. The initial role was established and involved learning about current events, reviewing the Town event application form, setting funding criteria and recommending funding and/or event dates for new applications. On January 10, 2017, Council appointed the Ad Hoc Special Events Committee (AHSEC) to review the process and procedures for the solicitation of special events, including evaluation criteria and recommendations for the funding and setting of dates. A significant change for 2018 and 2019 Special Event funding has been a solicitation to all interested event producers to submit applications for review by date certain. On June 11, 2018, the application materials for the 2019 Town of Avon Special Events Program, were advertised for a sixty-two (62) day period. The advertisement was posted on the Town’s website. Past recipients were also notified via email of the application process. Over the course of soliciting funding requests, the Town received twenty (20) funding applications, totaling $1,299,500.00 in cash requests. 2 The AHSEC met on September 4, 2018, to review the applications with applicant representatives. Subsequently, each member of the AHSEC was charged with individually scoring each application prior to collectively scoring at a meeting on September 11, 2018. It was at that meeting that the AHSEC produced final scoring, found in Exhibit 1. All applicants have been notified of the AHSEC recommendations and the Council work session on Tuesday, September 25, 2018. 2019 SPECIAL EVENT PROGRAM CASH FUNDING AND IN-KIND RECOMMENDATIONS: Please find attached Exhibit 1: 2019 Special Events Requests and Recommendations Funding Summary. Exhibit 1 is organized by event, previous year contribution, average score, amount requested and recommended funding amount with sub-totals. The Committee is recommending cash contributions in the total amount of $473,400.00 to 17 Special Events and a Reserve of $26,600.00. In keeping with the Town of Avon’s commitment to bringing high-level producers and events into the Town of Avon, the AHSEC directed staff to determine appropriate funding amounts for in-kind contributions. The 2019 Request for In-Kind Services Form, is attached as Exhibit 3, and delineates the cost breakdown per hour for staff involvement as an in-kind contribution. The attachment will be used as a guide in determining Town of Avon in-kind contributions as staff works with each producer to ensure he or she has the support needed to set-up and break-down the park venue, including use, when appropriate of Town equipment. ATTACHMENTS: Exhibit 1: 2019 Special Events Program Scoring and Funding Recommendations Summary Exhibit 2: 2019 Special Events Calendar Recommendation and Recreation Center Events Exhibit 3: 2019 Request for In-Kind Services Request Form Exhibit 4: 2019 Ad Hoc Special Event Scorecard 3 Exhibit 1: 2019 Special Events Program Scoring and Funding Recommendations Summary Event 2019 Special Events Program Scoring and Funding Recommendations Summary Major Music/Festivals Requested Amt. Average Score Average Funding Amount Recommended Funding Vail Valley Showcase $ 7,000.00 N/A N/A $ 7,000.00 Cover Rock $ 65,000.00 69 $ 33,000.00 $ 32,400.00 Vail Valley Brew Fest at Avon $ 30,000.00 66 $ 16,142.86 $ 18,000.00 Big Apple Circus reference application 59 $ 26,714.29 $ 31,000.00 Circus Mountainous $ 25,000.00 72 $ 20,714.29 $ 20,000.00 Man of the Cliff $ 10,000.00 70 $ 10,071.43 $ 10,000.00 Avon Arts Festival $ 600,000.00 70 $ - $ - Dancing in the Park $ 65,000.00 68 $ 36,428.57 $ 36,000.00 Bluegrass and Beyond $ 75,000.00 69 $ 55,000.00 $ 50,000.00 Community Events Requested Amt. Average Score Average Funding Amount Recommended Funding Avon LIVE! (Peak) reference application 66 $ 16,666.67 $ - Avon LIVE! (Fest) $ 120,000.00 65 $ 56,666.67 $ 40,000.00 Lake Street Market + Avon LIVE! reference application 73 $ 83,916.67 $ 100,000.00 TOA Produced Events $ 49,500.00 58 $ 40,583.33 $ 49,500.00 Sporting Events Requested Amt. Average Score Average Funding Amount Recommended Funding Triple Bypass $ 20,000.00 71 $ 7,071.43 $ 4,500.00 MLT Championship $ 60,000.00 74 $ 31,714.43 $ 30,000.00 Haute Route $ 33,000.00 69 $ 21,071.43 $ 30,000.00 Volleyball of the Rockies $ 10,000.00 74 $ 3,333.33 $ 5,000.00 Purina Pro Plan Incredible Dog Challenge $ - 67 $ 357.14 $ - Birds of Prey $ 40,000.00 69 $ 30,714.29 $ - Beaver Creek Rodeo $ 20,000.00 72 $ 8,714.29 $ 10,000.00 Vail Lacrosse Tournament $ - 72 $ - $ - TOTAL FUNDING: $ 1,229,500.00 $ 473,400.00 4 Exhibit 2: 2019 Special Events Calendar Recommendation and Recreation Center Events Please note, all dates listed on the calendar are subject to change. Additionally, Volleyball of the Rockies, Dancing in the Park, two concerts produced by Fest, LLC, and a circus presented by Get Connected Events are currently not included on the calendar. Staff is working to determine 2019 dates and will update the calendar as soon as dates are available. The calendar currently does not include any field usage granted via the Community Grants process. January 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 5 Jan 01 New Year's Day Jan 21 M L King Day 6 7 8 9 10 11 12 Jan 12 Salute Reschedule Date 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 Feb 14 Valentine's Day Feb 18 Presidents Day 3 4 5 6 7 8 9 TBD PD's Polar Plunge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 5 24 25 26 27 28 29 30 31 April 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 5 6 Apr 19 Good Friday Apr 21 Easter Sunday 7 8 9 10 11 12 13 Apr. 20 Egg Hunt 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 May 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 May 12 Mother's Day May 27 Memorial Day 5 6 7 8 9 10 11 May 26 Pop-Up Concert 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 Jun 16 Father's Day Jun 17-19 Vail LAX Tournament 2 3 4 5 6 7 8 Jun 21-22 Cover Rock Jun 25-27 Haute Route Jun 29 Gears N' Beers & Vail 6 9 10 11 12 13 14 15 Valley Brew Fest 16 17 18 19 20 21 22 Jun 16 Daddy's Girl Tutu 2K Jun 17 Dunk N' Dash 23 24 25 26 27 28 29 Jun 7-9 Vail Valley Showcase 30 July 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 5 6 Jul 3 Salute to the USA Jul 4 Independence Day 7 8 9 10 11 12 13 Jul 13-14 Triple Bypass Jul 20 XTERRA 14 15 16 17 18 19 20 Jul 10, 17, 24, 31 Lake St. & Avon LIVE! Jul 8 and 15 Dunk N' Dash 21 22 23 24 25 26 27 ongoing Beaver Creek Rodeo ongoing Community Yoga (weekly Saturday) 28 29 30 31 August 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 Aug 7, 14, 21, 28 Lake St. & Avon LIVE! Aug 10-11 Open H20 Swim Meet 4 5 6 7 8 9 10 Aug 24 Cardboard Regatta Aug 12 and 19 Dunk N' Dash 11 12 13 14 15 16 17 ongoing Community Yoga (weekly Saturday) ongoing Beaver Creek Rodeo 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 2019 NOTES: Sun Mon Tue Wed Thu Fri Sat Sep 1 Pop-Up Concert 7 1 2 3 4 5 6 7 Sep 2 Labor Day Sep 4 Lake St. & Avon LIVE! 8 9 10 11 12 13 14 Sep 13-15 Circus Mountainous Sep 21-22 Major League Tri Champ. 15 16 17 18 19 20 21 Sep 27-28 Bluegrass & Beyond 22 23 24 25 26 27 28 29 30 October 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 5 Oct 14 Columbus Day Oct 31 Halloween 6 7 8 9 10 11 12 Oct 12-13 Man of the Cliff 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November 2019 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 Nov 11 Veterans Day Nov 28 Thanksgiving Day 3 4 5 6 7 8 9 Nov 29-30 Birds of Prey 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December 2019 8 Sun Mon Tue Wed Thu Fri Sat NOTES: 1 2 3 4 5 6 7 Dec 25 Christmas Dec 1 Birds of Prey 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 Exhibit 3: 2019 In-Kind Grant Benefits Request Form INTRODUCTION: 2019 IN-KIND GRANT SERVICES REQUEST FORM The Town of Avon is committed to assisting producers, who are staging events at any one of Avon’s publicly-owned venues. As such, the Town may grant in-kind benefits to a producer to help facilitate use of any facility. In-kind support includes the following:  Facilities: Facilities are made available, at no charge to the producer, but do require a damage deposit. Avon’s Facilities include: Avon Performance Pavilion, Harry A. Nottingham Park lower and upper fields, Nottingham Lake, the Recreation Cabin, Town Hall meeting rooms, Possibility and Lettuce Shed Lane Plazas, the Main Street Mall and public right-of-ways and parking lots.  Assets: Assets made available to reduce the costs of production in Town venues. No fee is charged for use, but a damage deposit is required. Examples include: tents, electric cords, turtle boxes, stadium barricade, zero hero tents, coolers, chairs, signage, etc. Town equipment, including use of a lift truck, are also made available, when required, for venue set-up/tear-down and on-site operations.  Services: Many of the service requirements for any event can be met with the producer’s own crew and volunteers, ranging from sound and light staging to trash and recycling. The Town recognizes, however, certain venue set-up requirements, use of assets and on-site information is needed to help producers use the outdoor venues successfully. Common services provided by the Town include: facility operations information, delivery of assets, instruction on asset utilization and placement, closing of roads and parking lots, delivery of VMS boards for event information.  Volunteers: The Town solicits volunteers each year to help with events directly produced by the Town. At the time of recruitment, Town volunteers are asked if they would like her or his name made available to private event producers. The Town makes those persons contact information to private event producers on a request only basis. Town staff also can make recommendations to producers on how best to recruit volunteers in the area. IN-KIND GRANT BENEFITS: NAME OF EVENT Based upon the 2019 Special Event Application filed with the Town of Avon, the following In-kind grant benefits are being provided: I. FACILITY(S) – NO CHARGE FACILITY(S): DATES AND HOURS: DAMAGE DEPOSIT: TBD  Avon Performance Pavilion  Avon Upper Field  Avon Cabin  Parking Lots shown on Attachment A and listed in Section 10  Beaver Creek Elk Lot (subject to approval by BCRC)  Recreation Center – 40 spaces  Avon Elementary School Parking Lot 10 II. ASSETS – NO CHARGE DAMAGE DEPOSIT: TBD ASSETS RESOURCE RECOVERY QUANTITY AVAILABLE QUANTITY GRANTED Zero hero tents 14 Nifty nabber cans 35 RRR flag banners 89 Weighted stand for flag banners 6 Wire recycle center 4 ELECTRICAL SUPPLIES QUANTITY AVAILABLE QUANTITY GRANTED 50 ft. 6/4 spider box cord 22 3ft. 3 channel cable protector 26 Turtle Boxes – 6/ 110 outlets each 8 Tuff Box Feed Thru 400 Amps 120/208V - 4 x 50A California style (125/250v) 2 50 ft. Cords (50 amps) 3 50 ft. Cords (400 amp) 3 100 ft. Cords (50 amps) 11 100 ft. Cord (200 amp) 1 Tails (400 amp) 5 Cable ramps – 3 ft. 40 Other: Patio Heaters (Does not include propane) 4 SOUND EQUIPMENT QUANTITY AVAILABLE QUANTITY GRANTED Sound board** 1 Microphone ** 1 Speakers 3 Movie screen 1 Projector 1 Scaffolding for Projector 1 TENTS QUANTITY AVAILABLE QUANTITY GRANTED White Tents 10 x 10 4 10x10 Air Dome Tent 5 17x17 Air Dome Tent 1 Air Dome Weights 24 Tent weights 60 ASSETS CHAIRS/TABLES QUANTITY AVAILABLE QUANTITY GRANTED Adirondack chairs 30 Birchwood Folding Banquet Table – 8ft. (30” x 96”) 4 11 Birchwood Folding Banquet Table – 6ft. (30” x 72”) 4 Cocktail Tables (30” round; 42” pole) 10 Orange water coolers 4 Coolers 10 Resin folding chairs 70 Birchwood round tables (72”) 10 FENCING QUANTITY AVAILABLE QUANTITY GRANTED Stadium Barricade (8ft/section) 170 sections Blue Scrim (ft) 2,000 Green scrim (ft) 2,000 TOWN EQUIPMENT QUANTITY AVAILABLE HOURS GRANTED Genie Lift Truck 1 Street Sweeper 1 Gator/Golf Cart 1 CONDITIONS 1. Delivery times of assets and return times are set once the Town Manager receives the Set-Up and Tear-down plans. 2. Once assets are delivered to the PRODUCER, the PRODUCER shall have sole responsibility for the assets. Assets are generally delivered to the Avon Performance Pavilion’s west event plaza. 3. Following the EVENT, all assets shall be returned to the Avon Performance Pavilion’s west event plaza or a previously designated return location. Staff will be available to check in the assets, with the PRODUCER, and review for lost or damaged assets. 4. Producer of Town Equipment requires that PRODUCER crew be adequately trained and adequate liability insurance. 5. Any damage to in-kind assets will be deducted from the final cash payment and/or Damage Deposit 12 III. SERVICES – NO CHARGE CONDITIONS 1. Service dates and hours are established by AVON once the Set-up and Tear-down Plans are received. SERVICE SERVICE DESCRIPTION COST/HOUR HOURS GRANTED TOTAL VALUE HOURS GRANTED Special Events Manager EVENT ADMINISTRATION, COORDINATION, ON-CALL N/A AS NEEDED NOT CALCULATED Special Events Production Assistant EVENT ADMINISTRATION, COORDINATION, ON-CALL N/A AS NEEDED NOT CALCULATED Public Works Management EVENT ADMINISTRATION, COORDINATION, ON-CALL $58.57 AS NEEDED NOT CALCULATED Internet Service Pre-event internet password and check; On- Call $1.00 AS NEEDED NOT CALCULATED Facility Operations/Town Engineer Pre-event operational check, On-Call $1.00 AS NEEDED NOT CALCULATED Locate Irrigation System Mark irrigation with cones and paint to ensure safe ingress/egress.$36.22 0 $0.00 Snow Fence Install Drilling holes and securing fencing. $36.22 0 $0.00 Drop and Program VMS Boards Location and messaging to be determined in transportation plan.$36.22 0 $0.00 Close Parking Lots (Map of Parking Lots included on Schematic) Closed with signage; Staffed by PRODUCER crew or volunteers $36.22 0 $0.00 Close Lake Street Closed with barrels. Staffed by PRODUCER crew or volunteers. $36.22 0 $0.00 Instruction on Electric Assets and Locations Instruction on electric assets and specifications. $52.04 0 $0.00 Drop cones, barrels, etc. Does not include setting-up. $36.22 0 $0.00 Call in locates to Colorado 811 Dependent on an accurate site-map of tents, stakes, etc. $45.00 0 $0.00 Shuttle Services Bus service, when needed, for private parking lots $83.00 0 $0.00 SERVICES TOTAL VALUE GRANTED: 13 Exhibit 4: 2019 Ad Hoc Special Event Scorecard Event: ___________________________________ Requested Amount in Cash: ___________________________________ Requested Services in Kind: ___________________________________ Scorer’s Name: ______________________________________________ Should the Event Be Funded: __________________________________ Amount of Funding Recommended: ____________________________ Conditions: _________________________________________________ Criteria Rating 1. STRATEGIC PLAN Directly supports one or more of the Town of Avon 2017-2018 Strategic Plan’s priorities 0 - 5 BENEFIT TO THE BUSINESS COMMUNITY: Increase Sales (Retail, Lodging, Restaurant, and Lodging) and Tax Revenue 0 - 10 COMMUNITY ENRICHMENT: Proven quality, knowledge and resources to sustain and grow the event 0 - 10 2. BRAND FIT Upholds the Avon Brand Platform, or successful explanation of benefit, when the brand is not supported 0 - 10 MARKETING: Extent and quality of promotional and marketing "reach" and leverage media exposure and sponsorship support 0 - 10 3. SIGNATURE EVENT Ability of the Event to become a Signature Event synonymous with Avon and is of signature quality 0 - 10 CALENDAR & TIMING: Contributes to a balanced calendar of events; is the right event at the right time 0 - 10 4. COST/BENEFIT Is the requested support in line with expected attendance and estimated ROI? 0 - 10 NEED FOR TOWN FUNDING: Has the applicant shown that Town funding is needed for the event to occur? 0 - 10 5. PRODUCER QUALIFICATIONS Proven quality, knowledge and resources to sustain and grow the event 0 - 15 TOTAL SCORE: MAXIMUM SCORE 100 POINTS TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 25, 2018 Topic: REVIEW AND DIRECTION ON 2019 FUNDING REQUEST TO SUPPORT THE EAGLE-HOLY CROSS RANGER DISTRICT ACTION BEFORE COUNCIL: Council is asked to review and provide direction on a 2019 funding request to support the Eagle-Holy Cross Ranger District. SUMMARY At the Mayor/Manager’s meeting on September 14, 2018, attendees discussed a proposal for several Vail Valley jurisdictions to make a cost-sharing contribution to the U.S. Forest Service. Aaron Mayville, Eagle-Holy Cross District Ranger, and the U.S. Forest Service have established a goal of raising $120,000 from local jurisdictions to support their work in the White River National Forest. Jeff Shroll, Eagle County Manager, recently sent out the following proposed cost sharing figures: Eagle County – $59,000 Town of Vail – $30,000 Town of Avon – $15,000 Town of Minturn – $5,000 Town of Redcliff – $1,000 Town of Eagle – $5,000 Town of Gypsum – $5,000 TOTAL – $120,000 FISCAL YEAR 2018 FINANCIAL REPORT September 25, 2018 ______________________________________________________________________________________ 1. Fiscal Year 2018 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – July 3. Accommodations Tax Report - July 4. Real Estate Transfer Tax Report and Monthly Detail – August 5. Recreation Center Admissions – August 6. General Fund Year-To-Date Expenditures - August 7. Fleet Maintenance Fund Year-To Date Expenditures - August 8. Transit Fund Year-To Date Expenditures - August TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Nelly Burns, Senior Accountant Meeting Date: September 25, 2018 Agenda Topic: Fiscal Year 2018 Financial Report –August 2018 SUMMARY Revenues SALES TAX • Sales tax revenue for the month of July totaled $696,374, a 2.10% increase over the previous year’s revenue and a 2.05% increase over the monthly budget, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. • Monthly sales tax collections compared to one year ago have increased $10,794 for home/garden, $6,724 for grocery/specialty/health, $2,425 for accommodations, $6,449 for other. Sales tax collections have decreased -13.40% for service businesses, -$3,986 for sporting goods retail/rental, -$1,267 for miscellaneous retail, -$3,364 for restaurants and bars, and –$975 for liquor stores. • Year-to-date sales tax revenues through July have increased 4.93% over the previous year. ACCOMMODATIONS TAX • Accommodations tax revenue for month of July totaled $119,458, a 0.13% increase over the previous year and a 10.39% increase from the monthly annual budget, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 180,000.00 200,000.00 Sales Tax Comparison by Type July, 2017 July, 2018 • Monthly accommodations tax collections increased $1,199 for time shares, $2,121 for hotels, and decreased $3,962 for vacation rentals compared to July 2017. • Year-to-date accommodation tax revenues through July have decreased 0.31% from the previous year. REAL ESTATE TRANSFER TAX • Real estate transfer tax collections for the month of August totaled $272,420.41, an increase of 24.27% over the previous year and an increase of 0.56% over the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. • Year-to-date RETT collections are down the projected estimate at -9.88% of the previous year, but up over the annual budget by 38.30%. RECREATION CENTER ADMISSIONS • August’s admission fees totaled $75,573.10, a 13.57% increase from the previous year and a 3% increase from the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. • Year-to-date admission collections have decreased -3.86% from the previous year. Expenditures • General Fund expenditures through August 2018 total 69.99% of the 2018 revised budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. • Fleet expenditures through August are at 65.30% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. • Mobility funds are 70.77% expended as of August compared to the annual budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. 0 20,000 40,000 60,000 80,000 100,000 July, 2017 July, 2018 Accommodation Tax Comparison by Type Time Share Hotel Vacation Rental TOWN OF AVON SALES TAX 2018 Actual vs. Budget Budget YTD Collections Budget % of change % change 2013 2014 2015 2016 2017 2018 2018 Variance from 2017 from Budget January 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 800,994$ 825,816.08$ 24,822.19$ 4.20%3.10% February 636,702.27 673,722.03 788,999.06 774,754.00 798,923.33 813,135 785,412.03 (27,723.47) -1.69%-3.41% March 720,267.31 793,301.96 875,499.53 945,795.71 918,657.55 941,627 1,014,399.70 72,772.98 10.42%7.73% April 307,407.13 381,839.56 403,560.42 438,198.18 425,727.85 433,173 394,986.15 (38,187.16) -7.22%-8.82% May 309,938.72 340,332.28 353,840.11 404,872.55 394,689.30 399,289 418,628.58 19,339.09 6.07%4.84% June 490,329.18 538,517.31 570,424.51 693,675.00 650,794.65 651,673 757,498.52 105,825.67 16.40%16.24% July 537,479.66 570,959.86 601,516.82 690,342.23 682,024.81 682,352 696,374.00 14,022.29 2.10%2.05% August 504,332.25 547,085.80 572,647.57 593,398.26 618,515.44 627,817 September 475,362.88 546,016.59 595,235.68 667,949.51 690,883.92 658,692 October 356,925.96 417,921.46 423,701.53 451,303.71 458,645.68 466,770 November 362,460.94 397,935.36 438,315.55 445,336.04 435,975.05 460,467 December 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,282,616 Total 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,218,606$ 4,893,115.06$ 170,871.59$ 4.93%3.62% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2014 2015 2016 2017 2018 Year Sales Tax Collections for July TOWN OF AVON ACCOMMODATIONS TAX 2018 Actual vs. Budget Budget YTD Collections Budget % change % change 2013 2014 2015 2016 2017 2018 2018 Variance 2017 to budget January 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 176,321$ 181,588.99$ 5,268.45$ -4.53%2.99% February 137,503.61 150,317.06 175,056.31 185,370.53 194,804.88 195,241 186,147.24 (9,093.75) -4.44%-4.66% March 153,208.80 168,597.39 183,650.29 217,387.54 201,008.55 213,953 206,783.36 (7,170.00) 2.87%-3.35% April 26,494.49 31,626.02 34,825.13 60,916.55 38,340.02 44,512 33,275.27 (11,236.49) -13.21%-25.24% May 24,527.17 21,961.97 28,002.56 37,357.48 39,961.98 35,158 42,618.10 7,460.43 6.65%21.22% June 66,578.91 54,232.23 53,397.46 73,591.08 83,723.31 76,777 94,803.78 18,026.97 13.23%23.48% July 73,008.92 81,083.01 86,301.22 107,595.18 119,300.76 108,219 119,458.02 11,239.38 0.13%10.39% August 67,688.07 71,044.33 75,107.71 87,674.05 100,628.23 93,131 September 44,661.37 50,840.16 60,417.74 68,139.11 81,837.60 70,842 October 27,154.53 34,977.59 38,706.72 45,738.23 48,223.10 45,113 November 28,171.04 32,064.02 34,328.47 37,570.50 46,397.08 41,346 December 131,361.43 168,944.85 198,421.26 200,114.56 189,505.28 205,731 Total 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,306,343$ 864,674.76$ 14,494.99$ -0.31%1.70% Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 2014 2015 2016 2017 2018 Accommodations Tax Collections for July Town of Avon Real Estate Transfer Tax 2018 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2013 2014 2015 2016 2017 2018 2018 2017 2017 to budget 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 107,390.00$ 63,333.95$ 264,063.20$ 156,673.20$ 145.89%316.94% 55,872.69 562,219.70 85,479.08 200,850.86 270,815.26 226,849.22 269,578.51 (1,236.75) -0.46%18.84% 125,927.64 50,375.06 168,744.22 265,061.65 254,737.53 166,936.17 344,556.74 89,819.21 35.26%106.40% 144,437.80 197,656.36 125,266.30 159,046.06 249,938.93 169,155.82 122,312.21 (127,626.72) -51.06%-27.69% 121,784.12 183,745.60 237,971.08 184,987.10 377,490.82 213,480.58 351,236.93 (26,253.89) -6.95%64.53% 90,309.74 220,009.15 294,434.84 307,127.24 703,419.85 311,792.04 343,140.71 (360,279.14) -51.22%10.05% 386,434.78 141,051.52 396,838.68 259,977.94 219,208.74 270,911.62 272,420.41 53,211.67 24.27%0.56% 97,579.70 154,032.32 152,380.93 186,483.40 592,467.49 228,336.71 157,010.67 267,886.92 291,223.61 321,957.68 423,013.80 282,026.15 169,839.80 178,044.24 172,855.22 641,688.59 497,642.58 320,433.66 112,491.82 122,582.66 169,328.38 315,109.37 425,402.80 220,996.23 83,382.60 1,598,062.92 225,862.90 588,514.66 227,918.50 525,747.86 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,000,000$ 1,967,308.71$ (215,692.42)$ -9.88%38.30% Budget 3,000,000.00 Variance, Favorable (Unfavorable)(1,032,691.29)$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 2014 2015 2016 2017 2018 YTD Real Estate Transfer Tax Collections TOWN OF AVON RECREATION CENTER ADMISSION FEES 2018 Actual vs. Budget Budget YTD Collections Budget % of change 2013 2014 2015 2016 2017 2018 2018 Variance from 2017 January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 74,674.20$ 77,079.24$ 88,582.09$ 11,502.85$ 18.62% February 68,578.10 63,838.00 68,506.00 86,342.00 93,365.80 84,618.21 75,952.60 (8,665.61) -18.65% March 72,616.10 77,902.00 81,664.00 76,023.00 84,085.80 87,210.57 79,071.20 (8,139.37) -5.96% April 64,370.00 61,760.00 55,452.00 67,398.00 62,435.00 69,230.97 61,817.56 (7,413.41) -0.99% May 35,063.70 43,119.00 50,067.40 54,337.00 61,441.70 54,250.28 50,252.60 (3,997.68) -18.21% June 46,194.30 55,052.00 58,430.50 58,044.00 63,459.20 62,509.40 62,135.02 (374.38) -2.09% July 71,491.30 61,472.00 66,399.80 65,873.60 82,539.70 77,314.51 72,441.00 (4,873.51) -12.23% August 57,328.80 63,233.00 66,388.60 76,558.30 66,543.40 73,374.21 75,573.10 2,198.89 13.57% September 43,829.00 36,846.00 44,719.00 49,017.70 48,278.60 49,506.50 October 48,803.00 75,818.00 61,167.00 51,833.00 59,233.83 65,994.09 November 93,822.00 29,570.00 71,384.00 72,114.00 97,193.40 80,939.74 December 69,258.00 77,672.00 112,201.00 169,092.78 169,912.58 132,972.28 Total 741,394$ 708,889$ 801,102$ 901,307$ 963,163$ 915,000$ 565,825.17$ (19,762.23)$ -3.86% Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 2014 2015 2016 2017 2018 Recreation Center Admissions -July Dept./Div.2018 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 232,288$ 130$ 159,979$ 72,179$ 68.93% 112 Boards and Commissions 16,049 - 10,046 6,003 62.59% 113 Town Attorney 132,000 50,110 78,679 3,211 97.57% 115 Town Clerk 117,913 3,655 69,188 45,071 61.78% 121 Municipal Court 148,899 9,310 86,353 53,236 64.25% 131 Town Manager 367,799 - 287,285 80,514 78.11% 133 Community Relations 196,416 16,240 124,468 55,708 71.64% Total General Government 1,211,364 79,444 815,998 315,922 73.92% Human Resources Department: 132 Human Resources 486,153 15,873 278,305 191,975 60.51% Finance & IT Department: 141 Finance 1,015,503 28,487 596,423 390,594 61.54% 143 Information Systems 365,606 17,526 302,993 45,087 87.67% 149 Nondepartmental 501,214 121,331 386,051 (6,168) 101.23% Total Finance & IT 1,882,323 167,344 1,285,467 429,513 77.18% Total General Gov't Departments 3,579,840 262,660 2,379,769 937,410 73.81% Community Development: 212 Planning 309,940 9,762 188,609 111,569 64.00% 213 Building Inspection 151,049 1,835 94,347 54,867 63.68% 215 Town Produced Events 268,342 8,223 156,644 103,475 61.44% 216 Signature Event Seed Funding 366,620 25,614 286,076 54,931 85.02% 217 Community Grants 200,034 - 163,000 37,034 81.49% 218 Salute to the USA 97,000 9,449 57,801 29,750 69.33% Total Community Development 1,392,985 54,883 946,477 391,626 71.89% Police Department: 311 Administration 778,392 16,089 435,352 326,951 58.00% 312 Patrol 2,633,370 24,713 1,894,000 714,657 72.86% 313 Investigations 285,767 145 189,776 95,846 66.46% Total Police 3,697,529 40,947 2,519,127 1,137,455 69.24% Public Works: 412 Engineering 283,636 1,677 157,147 124,812 56.00% 413 Roads and Bridges 2,331,843 76,878 1,456,140 798,824 65.74% 415 Parks 671,517 101,050 396,225 174,243 74.05% 418 Buildings & Facilities 1,260,946 59,357 761,752 439,838 65.12% Total Public Works 4,547,942 238,962 2,771,264 1,537,716 66.19% Recreation Department: 514 Administration 237,063 2,952 163,958 70,154 70.41% 515 Adult Programs 62,834 143 40,282 22,409 64.34% 516 Aquatics 527,784 4,768 392,912 130,104 75.35% 518 Fitness 144,227 - 125,224 19,003 86.82% 519 Guest Services 325,124 448 215,462 109,214 66.41% 521 Youth Programs 150,475 1,995 120,616 27,864 81.48% 523 Community Swim Program 57,319 - 22,265 35,054 38.84% Total Recreation 1,504,826 10,306 1,080,719 413,801 72.50% TOTAL OPERATING EXPENDITURES 14,723,122$ 607,758$ 9,697,356$ 4,418,008 69.99% Department Expenditure Summaries General Fund August 2018 Expenditures to Date Dept./Div.2018 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,693,973$ 60,417$ 1,045,701$ 587,854$ 65.30% Total Operating Expenditures 1,693,973 60,417 1,045,701 587,854 65.30% TOTAL EXPENDITURES 1,693,973$ 60,417$ 1,045,701$ 587,854$ 65.30% Expenditure Summary Fleet Maintenance Enterprise FundAugust 2018 Expenditures to Date Dept./Div.2018 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 271,617$ 18,600$ 172,428$ 80,588$ 70.33% 432 Transit Operations 1,258,194 5,980 894,571 357,643 71.57% 436 Wash Bay 157,973 2,935 99,852 55,186 65.07% Total Operating Expenditures 1,687,784 27,515 1,166,851 493,418 70.77% TOTAL EXPENDITURES 1,687,784$ 27,515$ 1,166,851$ 493,418$ 70.77% Expenditure Summary Mobility Enterprise FundAugust 2018 Expenditures to Date 1 Planning & Zoning Commission Meeting Abstract Tuesday, September 18, 2018 Planning & Zoning Commission Meeting Abstract Tuesday, September 18, 2018 I. Call to Order – The meeting was called to order at 5:00pm. II. Roll Call - All commissioners were present. III. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda. IV. Conflicts of Interest – No conflicts of interest were disclosed. V. Minor Development Plan – 2485 Old Trail Parking and Driveway Access - PUBLIC HEARING File: MNR18037 Legal Description: Lot 3B Deer Ridge Subdivision Applicant: John Dietrich Summary: Proposed driveway addition and access to the neighboring lot driveway. Action: Commissioner Golembiewski motioned to Table the item pending more information, including a site plan showing adjacent property contours, drainage features, and other physical features on adjacent properties; and a statement of awareness from the Villamonte and Lot 2 properties. Commissioner Glaner seconded the motion and it carried unanimously 7-0. VI. Major Development Plan and Alternative Equivalent Compliance – Colorado World Resorts – PUBLIC HEARING File: MJR18006 and AEC18008 Legal Description: Section 12, Township 5, Range 82 PCLIN, NW ¼ of SE ¼ aka Folson Property Applicant: Colorado World Resorts, LLC Summary: Proposal for an 81-room condo complex. An AEC was required to address the site design that varies from the Development Code requirement for a stepped foundation design. Comment Charlie Carter commented on the application. Action: Commissioner Nusbaum motioned to continue the public hearing, pending more information for the revised landscape plan; and confirmation of the ridgeline variation. Commissioner Glaner seconded the motion and it failed 3-4. Action: Commissioner Barnes motioned to approve the AEC application with the following findings: 1. The application was reviewed pursuant §7.16.120 Alternative Equivalent Compliance, and the application is complete with sufficient information to allow PZC to determine that it complies with the relevant review criteria; 2. The AEC achieves the intent of the site design standard to the same or better degree than the subject standard because the building is design to maximize solar access and stepping the foundation would negatively impact this standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the site design standards; 4. The AEC results in benefits to the community that are equivalent to compliance with the site design standards in the Development Code; and 2 Planning & Zoning Commission Meeting Abstract Tuesday, September 18, 2018 5. The foundation design provides less impact on adjacent properties than would occur through compliance with the foundation stepping requirements in the Development Code due to the steepness of the property and increase of building height and mass that would accompany a stepped design. Commissioner Golembiewski seconded the motion and it carried 7-0. Action: Commissioner Barnes motioned to approve the MJR application with the following findings and conditions: Findings: 1. The 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; 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. There is no extra demand for public services or infrastructure exceeding current capacity by the application; and 6. The design relates the development to the character of the surrounding community. Conditions: 1. The Landscape Plan and Irrigation Plan will be modified to reduce the permanent maximum irrigated area and an AEC will be applied from the with the 5,000 square foot maximum irrigated area requirement. 2. A water service agreement with Upper Eagle River Water Authority, and payment of cash-in-lieu for water rights, must be obtained prior to a building permit. Additionally, comments from the 3. Eagle River Water and Sanitation District’s referral comment letter will be addressed with construction documents and a recorded easement as specified within. 4. Prior to a building permit, a Development Agreement will be executed between the owner and the Town of Avon to address the following: • Water Budget • Off-site public improvements • Maintenance of Drainage Infrastructure 5. Colors and materials are not approved. An on-site mockup will be reviewed and approved by the Planning and Zoning Commission. The scale and design of the mockup shall be pre-approved by the Planning Director before construction. 6. An ILC is required and foundation and framing to ensure compliance with maximum building height. 7. Limits of construction fencing, and tree protection, will be installed prior to site disturbance activities. 8. Detail regarding the western retaining wall and its interaction with the neighboring property shall be provided and approved. 9. A roof step on the eastern portion of the building will be no less than four (4) feet from the furthest east roof elevation to the first step traveling west. Commissioner Howell seconded the motion and it carried 7-0. VII. Major Development Plan – Riverfront Lodge Building – PUBLIC HEARING File: MJR18008 Legal Description: 0254 Riverfront Lane 3 Planning & Zoning Commission Meeting Abstract Tuesday, September 18, 2018 Applicant: CRP/ EWP Riverfront Avon Owner II, LLC Summary: Proposal for a 36-room condo complex. Action: Commissioner Nusbaum motioned to recommend 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: 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. A stormwater quality plan will be approved by staff before issuing a building permit; 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; and 4. An on-site materials mockup will be presented for final review of building materials and colors. Commissioner Nusbaum seconded the motion and it carried 7-0. VIII. Code Text Amendment - Sign Code – PUBLIC HEARING File: CTA18001 Legal Description: Throughout Town Applicant: Town of Avon Summary: Amendments to the Sign Code, including moving it to Chapter 7, updating types of signs allowed, and complying with recent court cases. Action: Commissioner Howell motioned to approve the case with the following facts: 1. The application is complete; 2. The application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; 3. The code text amendments were reviewed in accordance with the criteria listed in Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the September 18, 2018 public hearing; 4. The code text amendments promote the health, safety, and general welfare of the Avon Community; 5. The code text amendments are necessary to respond to changing conditions including a more developed commercial core, and new planning practice resulting from the Gilbert land use case. 6. The text amendment promotes and implements the goals and policies of the Avon Comprehensive Plan; and 7. The text amendment promotes and implements the purposes stated in this Development Code. 4 Planning & Zoning Commission Meeting Abstract Tuesday, September 18, 2018 Commissioner Dammeyer seconded the motion and it carried 7-0. IX. Consent Agenda A – September 4, 2018 Meeting Minutes Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner Hardy seconded the motion and it carried 7-0. X. Adjourn – The meeting was adjourned at 8:23 pm. WRITTEN REPORT To: Honorable Mayor and Town Council From: Preston Neill, Deputy Town Manager Date: September 25, 2018 Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for September 2018, which lists 1) fourteen (14) general admission tickets to the Zoppe Italian Family Circus on September 7, 8 and 9. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a reported gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: Zoppe Italian Family Circus Tickets – The Town Council received fourteen (14) general admission tickets to the Zoppe Italian Family Circus on September 7, 8 and 9. Each member of Council received two (2) tickets, one provided for the purpose of reviewing the event for production and for any future funding request, and the second provided as a gift for a guest. Each ticket is valued at $25.00. Submitted to the Avon Town Council on September 25, 2018. _________________________________ Debbie Hoppe, Town Clerk