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TC Packet 08-13-2019 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, AUGUST 13, 2019 MEETING BEGINS AT 5:05 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA ON PAGE 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 PM 1. CALL TO ORDER AND ROLL CALL 5:05 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. 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.] 5:10 5. BUSINESS ITEMS 5.1. APPROVAL OF CONDITIONAL BILL OF SALE, AVON LANDING, VILLAGE AT AVON (TOWN ATTORNEY PAUL WISOR AND TOWN ENGINEER JUSTIN HILDRETH) (15 MINUTES) 5:15 5.2. APPROVAL OF DEVELOPMENT AGREEMENT WITH COLORADO WORLD RESORTS, LLC (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 5:30 5.3. RESOLUTION 19-17 ADOPTING THE 2019 COLORADO COMMUNITIES FOR CLIMATE ACTION POLICY STATEMENT (DEPUTY TOWN MANAGER PRESTON NEILL) (10 MINUTES) 5:45 5.4. RESOLUTION 19-18 APPOINTING ERIC HEIL AS SECOND ALTERNATE TO THE UPPER EAGLE REGIONAL WATER AUTHORITY (TOWN MANAGER ERIC HEIL) (5 MINUTES) 5:55 5.5. PUBLIC HEARING: AVON APPLICATION TO AMEND MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING IN THE INDUSTRIAL COMMERCIAL ZONE DISTRICT BY SPECIAL REVIEW USE (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 6:00 5.6. PUBLIC HEARING: APPEAL OF PLANNING AND ZONING COMMISSION’S DECISION DATED JUNE 4, 2019, DENYING A VARIANCE APPLICATION FOR BUILDING IMPROVEMENTS OUTSIDE A PLATTED BUILDING ENVELOPE ON LOT 111C, BLOCK 1, WILDRIDGE (TOWN ATTORNEY PAUL WISOR) (45 MINUTES) 6:15 5.7. FIRST READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN MANAGER ERIC HEIL) (40 MINUTES) 7:00 5.8. APPROVAL OF MINUTES FROM JULY 9, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 7:40 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, AUGUST 13, 2019 MEETING BEGINS AT 5:05 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 6. WRITTEN REPORTS 6.1. NOTTINGHAM PARK LANDSCAPE PLAN (PLANNING DIRECTOR MATT PIELSTICKER) 6.2. ABSTRACTS FROM JULY 16, 2019 & AUGUST 6, 2019 PLANNING AND ZONING COMMISSION MEETINGS (PLANNING DIRECTOR MATT PIELSTICKER) 6.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS) 6.4. OVERVIEW OF THE SALUTE TO THE USA EVENT (CASE MANAGER DANITA DEMPSEY) 6.5. I-70 COALITION UPDATE (MOBILITY DIRECTOR EVA WILSON) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:45 8. EXECUTIVE SESSION (60 MINUTES) 8:00 8.1. FOR THE PURPOSE OF LEGAL ADVICE WITH TOWN ATTORNEY REGARDING AVON PAVILION REPAIRS PURSUANT TO C.R.S. §24-6-402(4)(B) 8.2. FOR THE PURPOSE OF LEGAL ADVICE WITH TOWN ATTORNEY REGARDING AVON WHITE WATER PARK REPAIRS PURSUANT TO C.R.S. §24-6-402(4)(B) 8.3. FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(4)(F) 9. ADJOURN 9:00 _________________________________________________________________________________________________________________________________________________________________________________________________________ *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. FUTURE AGENDAS: August 27, 2019 - PRESENTATION: CONVENTION CENTER IN AVON - PRESENTATION: VAIL SEGWAY - PUBLIC HEARING SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION - REVIEW AND DIRECTION ON ALLOCATION TARGET FOR THE 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM - WORK SESSION: REVIEW OF PLASTIC REGULATIONS AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, AUGUST 13, 2019 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [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. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: TOWN OF AVON EVENT NAME: AVON LIVE! EVENT DATE: AUGUST 21 & 28, 2019; 5:00 P.M. UNTIL 09:00 P.M. LOCATION: 1 LAKE STREET EVENT MANAGER: PRESTON NEILL PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR 4.2. APPLICANT NAME: TOWN OF AVON EVENT NAME: COLORADO CLASSIC EVENT DATE: AUGUST 23, 2019; 11:30 A.M. UNTIL 04:00 P.M. LOCATION: 1 LAKE STREET EVENT MANAGER: PRESTON NEILL PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR 5. APPROVAL OF THE MINUTES FROM JUNE 25, 2019 MEETING 6. WRITTEN REPORT 6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 7. ADJOURNMENT Special Event Liquor Permit – Avon LIVE! P a g e | 1 LIQUOR LICENSING AUTHORITY REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Liquor Licensing Authority Secretary Meeting Date: August 13, 2019 Agenda Topic: PUBLIC HEARING for Special Event Permit Application – Avon LIVE! ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming Avon LIVE! special event. A public hearing is required before final action is taken. Please note that the Town of Avon is acting as the Applicant for this application. Applicant Name: Town of Avon Event Name: Avon LIVE! Event Date: August 21 & 28, 2019; 5:00 p.m. until 9:00 p.m. Location: 1 Lake Street Event Manager: Preston Neill Permit Type: Malt, Vinous & Spirituous Liquor PROPOSED MOTION “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the Avon LIVE! special event on August 21 & 28, 2019.” SUMMARY The Town of Avon, as the Applicant, is applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the Avon LIVE! special event on August 21 & 28, 2019. CRS 12-48-102(2) states, “A special event permit may be issued to any municipality owing arts facilities at which productions or performances of an artistic or cultural nature are presented for use at such facilities, subject to the provisions of this article.” The Applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. The 1 Lake Street premise has been posted with notice of the public hearing for this application. The event manager will be present to answer question about the application. The Applicant has adequate proof of commercial liability insurance that meets the Town’s requirements. The background checks indicated no criminal violations. These documents are on file in the Town Clerk’s office. BACKGROUND Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. A Special Event Liquor Permit – Avon LIVE! P a g e | 2 nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. CRS §12-48-106 states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓ Application for a Special Event Permit (State form DR 8439) ✓ Alcohol Management Plan ✓ Diagram where liquor will be served Special Event Liquor Permit – Avon LIVE! P a g e | 1 LIQUOR LICENSING AUTHORITY REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Liquor Licensing Authority Secretary Meeting Date: August 13, 2019 Agenda Topic: PUBLIC HEARING for Special Event Permit Application – Colorado Classic ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming Colorado Classic special event. A public hearing is required before final action is taken. Please note that the Town of Avon is acting as the Applicant for this application. Applicant Name: Town of Avon Event Name: Colorado Classic Event Date: August 23, 2019; 11:30 a.m. until 4:00 p.m. Location: 1 Lake Street Event Manager: Preston Neill Permit Type: Malt, Vinous & Spirituous Liquor PROPOSED MOTION “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the Colorado Classic special event on August 23, 2019.” SUMMARY The Town of Avon, as the Applicant, is applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the Colorado Classic special event on August 23, 2019. CRS 12-48-102(2) states, “A special event permit may be issued to any municipality owing arts facilities at which productions or performances of an artistic or cultural nature are presented for use at such facilities, subject to the provisions of this article.” The Applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. The 1 Lake Street premise has been posted with notice of the public hearing for this application. The event manager will be present to answer question about the application. The Applicant has adequate proof of commercial liability insurance that meets the Town’s requirements. The background checks indicated no criminal violations. These documents are on file in the Town Clerk’s office. BACKGROUND Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. A Special Event Liquor Permit – Avon LIVE! P a g e | 2 nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. CRS §12-48-106 states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓ Application for a Special Event Permit (State form DR 8439) ✓ Alcohol Management Plan ✓ Diagram where liquor will be served AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JUNE 25, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Smith Hymes called the meeting to order at 5:02 p.m. A roll call was taken and Board members present were Amy Phillips, Scott Prince, Jennie Fancher, Tamra Underwood, Jake Wolf and Chico Thuon. Also present were Town Manager Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker and Deputy Town Manager Preston Neill. 2. APPROVAL OF AGENDA Board member Underwood moved to approve the agenda, as presented. Board member Phillips seconded the motion and the motion passed unanimously. 3. PUBLIC COMMENT No public comments were made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT NAME: A TASTE OF NATURE EVENT DATE: JULY 9, 2019; 5:00 P.M. UNTIL 11:00 P.M. LOCATION: 318 WALKING MOUNTAINS LANE EVENT MANAGER: KETHERINE BRENNAND PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR Chairwoman Smith Hymes opened the public hearing and no comments were made. Board member Underwood moved to approve the Special Events Permit application for the A Taste of Nature special event on July 9, 2019. Board member Phillips seconded the motion and the motion passed unanimously. 5. APPROVAL OF THE MINUTES FROM JUNE 11, 2019 MEETING Board member Fancher moved to approve the minutes from the June 11, 2019 Liquor Licensing Authority Meeting. Board member Underwood seconded the motion and the motion passed unanimously. 6. WRITTEN REPORT 6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 7. ADJOURNMENT There being no further business to come before the Board, Chairwoman Smith Hymes adjourned the Liquor Licensing Authority meeting. The time was 5:07 p.m. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JUNE 25, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 Page 2 RESPECTFULLY SUBMITTED: ____________________________________ Preston Neill, Deputy Town Manager APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips ___________________________________ Jake Wolf ________________________________ Chico Thuon ________________________________ Jennie Fancher ________________________________ Scott Prince ________________________________ Tamra Underwood ________________________________ AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Liquor Licensing Authority Secretary Date: August 13, 2019 Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no criminal activity on the background and there are no liquor code violations during the last year. Renewals and Special Event Permits require notice to be posted for seven days and require the Town Clerk to accept comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to June 25, 2019, the Town has received one Liquor Special Events permit, one renewal, and two modification of ownership applications that have met all the requirements for administrative review and approval and were ultimately approved by the Town Clerk. No comments, complaints, or request for hearings were received. They are as follows: Special Event Permit: Applicant: Team Evergreen Cycling Event: Triple Bypass Dates: July 13, 2019 12:00 p.m.-8:00 p.m. Location: Nottingham Park Manager of Event: Kim Nordquist Renewals: Applicant: Ein Prosit Fine Beers & Sausages Location: 82 East Beaver Creek Place, Suite M107 Type: Hotel & Restaurant Manager: Scott Pohlman Modifications: Report of Changes: Applicant: Sheraton Mountain Vista Location: 160 Beaver Creek West Type: Hotel & Restaurant Manager: David Weiss Applicant: Ticino Italian Restaurant Location: 100 W. Beaver Creek Blvd. #127 Type: Hotel & Restaurant Manager: Charles Frey TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: Paul Wisor, Town Attorney; Justin Hildreth, Town Engineer Date: August 13, 2019 Topic: Approval of Conditional Bill of Sale, Avon Landing, Village at Avon ACTION BEFORE COUNCIL: Council is asked to review and approve the Conditional Bill of Sale, Avon Landing, Village at Avon, attached hereto as Exhibit A. RECOMMENDED MOTION: “I move to approve the Conditional Bill of Sale, Avon Landing, Village at Avon.” SUMMARY: The Conditional Bill of Sale is entered into by and between the Town and Traer Creek Metropolitan District (“TCMD”) in connection with the development of Avon Landing. Avon Landing is located in Planning Area J on the northeast side of the I-70 interchange, as more particularly shown in the attached hereto as Exhibit B. Pursuant to the Conditional Bill of Sale, TCMD transfers to the Town, all of TCMD’s interest in certain improvements constructed for the purpose of serving Tract H of The Village (At Avon), including roadway and sitework improvements, storm sewer improvements and erosion control and revegetation improvements (together, the “Completed Improvements”). The Completed Improvements were undertaken pursuant to a Public Improvement Agreement (the “PIA”), which PIA was previously approved administratively pursuant to the Development Agreement, Section G of the PUD Guide for the Village (At Avon) and Section 7.32.100 of the Town Code. The Completed Improvements do not include certain outstanding improvements, limited to 1) the final two inches of asphalt on the roadway improvements and 2) a multi-use trail (the “Outstanding Improvements”), and TCMD will cause such improvements to be constructed and accepted by the Town prior to the issuance of a commercial or residential building permit or temporary certificate of occupancy, as applicable. With respect to the two inches of asphalt overlay, it is the Town’s understanding Traer Creek-RP is contemplating the development of a commercial shopping center or mixed-use project, and the infrastructure, including the road improvements, was installed to make the area more marketable. Once ready for development, the two inches of asphalt overlay will be installed. The Completed Improvements, including the roadway improvements, were completed more than two years prior to the Conditional Bill of Sale. As such, the Town has agreed to a modified date of acceptance, and to operate and maintain the Completed Improvements dedicated to the Town, as the warranty period and all repairs related to the Completed Improvements have long been completed and accomplished. In approving the Conditional Bill of Sale, the Town will have ownership of the Completed Improvements and the ability control and operate the same. The Town Engineer has inspected and reviewed the Completed Improvements. The Completed Improvements have been constructed to the Town’s specification and are eligible to be accepted by the Town. ATTACHMENTS: Exhibit A – Conditional Bill of Sale Exhibit B – Avon Landing Area Plan Exhibit A (Conditional Bill of Sale) 1377328.2 CONDITIONAL BILL OF SALE THIS CONDITIONAL BILL OF SALE (“Conditional Bill of Sale”) is made to be effective as of the _____ day of _______________, 2019 by TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (together with its successors and assigns, “TCMD”) also referred to as “Grantor”, whose address is c/o: CliftonLarsenAllen, 8390 E Crescent Parkway, Suite 300, Greenwood Village, CO 80111, for good and valuable consideration by TOWN OF AVON, a Colorado home rule municipal corporation of the State of Colorado, County of Eagle (the “Town”), the receipt and sufficiency of which is hereby acknowledged, has bargained and sold, and does grant and convey unto the Town, successors, or assigns, all of its right, title and interest in the improvements, property and materials constructed related to the roadway improvements for the property referenced in Exhibit A (the “Property”), attached hereto and incorporated herein by reference and all appurtenances related and associated with such improvements. RECITALS A. Pursuant to the Avon Landing Public Improvements Agreement, dated August 17, 2015, and recorded on September 3, 2015, at Reception No. 201516731 (the “Avon Landing PIA”), concerning the completion of certain public improvements as further described therein (the “Public Improvements”), certain costs related to roadway improvements were verified on behalf of and to TCMD and on March 21, 2018, the duly elected Board of Directors of TCMD approved the Engineer’s Report and Certification, Planning Area J, dated March 7, 2018, including a summary of the public improvements provided by and on behalf of Traer Creek Holdings No. 2 LLC, a Colorado limited liability company (together with its successors and assigns, “TCH2”) by the Engineer for TMCD. Those certain public improvements as identified in the summary (the “Completed Improvements”), as described in Exhibit B, attached hereto and incorporated herein, were constructed on behalf of, for the benefit of and at the instruction of the TCMD, including the roadway improvements which TCMD desires to convey to the Town for ownership, operations and maintenance. B. TCMD has received the necessary certifications and quitclaim bill of sale from TCH2, for the roadway improvements outlined in Exhibit B, within and related to that certain Property located within the Final Plat, Avon Landing, a Replat of Tract H, The Village (at Avon), Filing No. 3 (“Avon Landing Plat”), which Property is within and is part of what is legally described on Exhibit A. C. The Property is subject to, among other matters, the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon), dated as of October 22, 2013, and recorded on August 1, 2014 at Reception No. 201412777 (“Development Agreement”), and that certain The Village (at Avon) Amended and Restated PUD Guide dated November 7, 2012, and recorded on August 1, 2014 at Reception No. 201412778 (“PUD Guide”). 2 1377328.2 D. Pursuant to that certain Assignment and Release Agreement dated as of October 14, 2016, and recorded on October 17, 2016, at Reception No. 201617230, TCH2 and the Town are parties to the Avon Landing PIA. . E. The Avon Landing PIA, pursuant to Paragraph 22 and Exhibit C thereof, specifically addresses the design, construction and completion of certain public improvements for the initial phase of development within the Avon Landing Plat (as further described in Paragraph 22 and Exhibit C thereof, the “Phase I Improvements”). F. In accordance with the Avon Landing PIA, TCH2, for investment purposes, has incurred costs and expenses (“TCH2 Costs”) to finance the design and construction of the Phase I Improvements on behalf of and for the benefit of TCMD, and TCMD’s acquisition of the Completed Improvements and payment of the verified TCH2 Costs is within the scope of TCMD’s authority pursuant to its service plan. G. Pursuant to the terms of the Avon Landing PIA, TCH2 is obligated to cause TCH2 to effect the conveyance, dedication or other transfer of certain Capital Projects (as defined in the Avon Landing PIA) to TCMD by a quitclaim bill of sale transferring and conveying TCH2’s interest in the improvements comprising the Capital Projects (or designated phase or portion thereof), together with certain related deliveries as enumerated in the Agreement and addressed herein. H. In accordance with the Avon Landing PIA, TCH2 has financed the construction of Completed Improvements, which are a portion of the Capital Projects under the Avon Landing PIA. I. The Completed Improvements do not include certain outstanding improvements, limited to the final two inches of asphalt on the roadway improvements and multi-use trail (the “Outstanding Improvements”), and TCMD will cause such improvements to be constructed and accepted by the Town prior to the issuance of a commercial or residential building permit or temporary certificate of occupancy, as applicable. J. The Completed Improvements, including the roadway improvements, were completed more than two years prior to this Bill of Sale. The Town has agreed to a modified date of acceptance, and to operate and maintain the Completed Improvements dedicated to the Town, as the warranty period and all repairs related to the Completed Improvements have long been completed and accomplished. K. TCMD has inspected and approved the Completed Improvements. L. TCH2, as land investor, conveyed the Completed Improvements to TCMD, together with certain assignable warranties associated therewith, in accordance with the Avon Landing PIA. M. TCMD now wishes to convey the Completed Improvements to the Town, subject to the condition that the Outstanding Improvements will need to be completed and accepted by 3 1377328.2 the Town prior to a request for a commercial or residential building permit (for the two inches of asphalt overlay) and prior to a request for a residential certificate of occupancy (for the “multi- use trail” improvements). N. Upon completion and acceptance of the Outstanding Improvements the Outstanding Improvements will be conveyed to the Town. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals; Defined Terms. The above Recitals are incorporated into this Conditional Bill of Sale as if fully set forth herein. Capitalized terms used but not defined herein have the meanings provided in the Avon Landing PIA. 2. Conveyance. TCMD hereby quitclaims, assigns, transfers and sets over unto the Town, all right, title and interest of TCMD in and to the Completed Improvements, owned by TCMD, together with all third-party warranties to the extent the same relate to the Capital Projects and are assignable (the “Assigned Warranties”) related to the Completed Improvements listed in Exhibit B. 3. Exclusion of Warranties. Except for the Assigned Warranties, TCMD is conveying the Completed Improvements in their “as is” condition, and TCMD has not made and does not make any express or implied warranty or representation of any kind whatsoever with respect to the Completed Improvements, including, without limitation, the merchantability of the Completed Improvements or their fitness for any particular purpose, the design or condition of such Completed Improvements, the compliance of such Completed Improvements with the requirements of any rule, law, regulation, ordinance, specification or contract pertaining thereto, or any patent infringements or latent defects. The Town has inspected and approved the Completed Improvements, and hereby agrees and acknowledges that, except as otherwise warranted pursuant to the Assigned Warranties, the Town accepts such Completed Improvements on such “as is” basis, pursuant to the terms of this Conditional Bill of Sale. 4. Conditionals. TCMD and the Town acknowledge and agree that the Outstanding Improvements must be completed in compliance with the Avon Landing PIA and Development Agreement (as applicable) and obtain acceptance from the Town. The remaining two inches of asphalt will be required to be constructed, installed and accepted by the Town prior the next request for a commercial or residential building permit within the Property pursuant to the Avon Landing PIA and Development Agreement, as applicable and as referenced above. The multi- use trail must be constructed, installed and accepted by the Town prior to the request for the next residential temporary certificate of occupancy within the Property pursuant to the Avon Landing PIA and Development Agreement, as applicable and as referenced above. The Town may deny any application as set out in this Section 4 under this Conditional Bill of Sale on the grounds that 4 1377328.2 the required Outstanding Improvements do not comply with these requirements and/or the requirements of the Avon Landing PIA and the Development Agreement. 5. Operation and Maintenance of Completed Improvements by the Town. The Town has agreed to a modified date of acceptance and as a result, the warranty period related to the Completed Improvements has expired. The Town has no obligation to open the road to public use, except in its sole discretion, until the issuance of a Temporary Certificate of Occupancy has been issued by the Town. 6. Successors and Assigns. This Conditional Bill of Sale is binding upon and will inure to the benefit of the successors and assigns of the parties hereto. 7. Attorneys’ Fees and Costs. In the event legal action is commenced to enforce or interpret any provision of or right under this Conditional Bill of Sale, the prevailing party will be entitled to recover its actual costs and expenses incurred, including reasonable attorneys’ fees, from the party not prevailing. 8. Counterparts. This Conditional Bill of Sale may be executed in one or more counterparts, each of which will constitute an original, but all of which, when taken together, will constitute but one agreement. 9. Governing Law. This Conditional Bill of Sale is governed by, interpreted under, and construed and enforced in accordance with, the laws of the State of Colorado. [Signatures appear on following page(s)] 5 IN WITNESS WHEREOF, the TCMD has executed this Conditional Bill of Sale to be effective as of the date set forth above. TCMD: ____________________________________ Attest: ________________________ (insert title) ________________________ Secretary ACCEPTED BY THE TOWN: ___________________________ (insert title) Attest: ____________________________ Brenda Torres, Town Clerk A-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY B-1 EXHIBIT B COMPLETED IMPROVEMENTS Roadway & Sitework Storm Sewer Erosion Control & Revegetation All as more particularly described in Exhibit C to the Avon Land Public Improvements Agreement dated August 17, 2015, and recorded on September 13, 2015 at Reception No. 201516731. [The Sanitary Sewer, Water and Shallow Utilities described therein are specifically excluded from this Conditional Bill of Sale.] OUTSTANDING IMPROVEMENTS The remaining two inches of asphalt will be required to be constructed, installed and accepted by the Town prior to a request for a commercial or residential building permit. The multi-use trail must be constructed, installed and accepted by the Town prior to a request for a residential temporary certificate of occupancy pursuant to the Avon Landing PIA and Development Agreement, as applicable. Exhibit B (Avon Landing Map) TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: Matt Pielsticker, Planning Director Date: August 13, 2019 Topic: DEVELOPMENT AGREEMENT WITH COLORADO WORLD RESORTS, LLC ACTION BEFORE COUNCIL: Council is asked to take action, by motion and vote, on the attached development agreement between Colorado World Resorts, LLC and the Town of Avon. PROPOSED MOTION: “I move to approve the development agreement with Colorado World Resorts, LLC.” SUMMARY: Colorado World Resorts, LLC is the owner of the property located 38388 Highway 6. On September 18, 2018, the Avon Planning and Zoning Commission approved a Major Design and Development application for the Colorado World Resorts Condominium project. The application was approved with the condition that a development agreement be executed, prior to building permit, to address a water budget, public improvements, and maintenance of drainage infrastructure. This development agreement is being brought to Avon Town Council to fulfil the condition of approval, in order to obtain to a full building permit and begin foundation work. The property owner is currently working under a grading and excavation permit. The Avon Municipal Code allows for grading permits to be issued and enforced by the Town Engineer, in advance of building permits. Activities associated with grading permits generally include drainage infrastructure, excavation, grading, and retaining walls. Issuance of grading and excavation in advance of building permits is typical for larger construction projects and is common to keep work progressing while final construction documents are being prepared. Town Staff requires collateral for site restoration as part of a grading permit and for this development the collateral is $209,475. DEVELOPMENT AGREEMENT COMPONENTS: The attached agreement includes assurances that outdoor water use will be limited in perpetuity. The water budget provisions are the result of a collaborative planning process with the Eagle River Water and Sanitation District (ERWSD). The agreement will be executed by ERWSD and the applicable section of the agreement has been approved by ERWSD staff. Public Improvement construction, and ongoing maintenance is also addressed with the agreement. Other aspects commonly found in larger projects were added: site restoration in the event of project failure, and future subdivision mechanisms to require amenities fee, if applicable. PROJECT TIMELINE: - May 2018. Town Council approved rezoning of the property from PUD to Residential High Density, with Short Term Rental Overlay District. - September 2018. Avon Planning and Zoning Commission approved development plan applications. - October 2018. Excavation and grading permit submitted for grading and soil nail walls. o Permit Fee collected: $26,195 o Collateral for site restoration (typical) collected: $209,475 - November 2018. Site mobilization and site preparation. - December 2019. Updated Landscape and Irrigation plans approved by Avon Planning and Zoning Commission. - Spring 2019. Full mobilization for excavation, grading, and soil nail wall activities. - July 2019. Ability to Serve received from Water Authority and District. - August 2019. Anticipated foundation permit issuance. DEVELOPMENT AGREEMENTS: The Town’s authority to enter development agreements is derived from its home rule charter, state statutes, and the power generally held by Colorado home rule municipalities to address maters of local concern by contract. Generally, the Town has entered into development agreements with developers at the same time and in conjunction with Ordinances to approve rezoning applications (i.e. Confluence, Wyndham, Village at Avon). In those cases, the Ordinance was the approval mechanism and the development agreement was made part of, or condition to, the Ordinance and other land use approvals being sought. In the instance of Colorado World Resorts, LLC, the zoning was approved by Ordinance prior to a development application submittal. The development plan approval included a condition requiring the development agreement as a pre-requisite to a building permit being issued. ATTACHMENT: Development Agreement, Version 4, dated July 2, 2019 Page 1 of 17 Colorado World Resorts Version 4 – July 2, 2019 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of _________________, 2019, by and between COLORADO WORLD RESORTS, LLC., a Colorado limited liability corporation (“Owner”), and the Town of Avon, a home rule municipal corporation of the State of Colorado (“Town”) (Owner and Town may be referred to individually as “Party” and collectively as “Parties”), and, as to Article V of this Agreement only, UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”). RECITALS A. The Owner owns approximately 21.52 acres within the Town that is legally described as: 38388 Highway 6, Town of Avon, County of Eagle, State of Colorado as is also described in the Quit Claim Deed recorded in the Eagle County Clerk and Recorder’s office at Reception Number 201803580 (“Property”). B. The Owner submitted an application to the Town for approval of a Major Design and Development application for a condominium project referred to as Colorado World Resorts (“Application”). C. After holding a public hearing on September 18, 2018, the Town of Avon Planning and Zoning Commission approved the Application conditioned upon the execution of this Agreement prior to a building permit. D. The Application includes a Landscape Plan and Irrigation Plan, which includes a limited irrigated area and drought tolerant species. E. The Application includes public improvements that necessitate further review, warranty, and acceptance upon satisfactory completion. F. Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Town’s Comprehensive Plan; ensure reasonable certainty, stability and fairness in the land use planning process; stimulate economic growth; secure the reasonable investment-backed expectations of the Owner; foster cooperation between the public and private sectors in the area of land use planning; and otherwise achieve the goals and purposes of the Town. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions, covenants and mutual promises set forth in this Agreement, and other good and Page 2 of 17 Colorado World Resorts Version 4 – July 2, 2019 valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property: ARTICLE I DEFINITIONS Definitions. The following terms shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Association. The common interest community association and/or other entity formed or to be formed for purposes of governing the rights, obligations and interests of owners of Time-Share Interests and other interests in the Development upon completion of construction thereof. Certain provisions relating to the rights and obligations of the Association are provided in Article X of this Agreement. 1.2 Association Governing Documents. The declaration of covenants, articles of incorporation, bylaws, rules and regulations, and any other documents creating or governing the Association and its members, as in existence from time to time. 1.3 Development. The project to be constructed on the Property as described in the Development Plan. 1.4 Development Plan. The approved Major Design and Development Plan is made part of the land use approval for the Development Plan. 1.5 Development Plan Components. The following plan set sheets contained in the Development Plan are incorporated by reference into and made a part of this Agreement: [Sheet C1.0 – C6.0] Public Property Improvement Map [Sheets L1.0-L3.0 & IR1.0-IR1.3} Landscape Plan & Irrigation Plan [Sheets C1.0 – C6.0] Owner Maintained Public Improvements 1.6 Exhibits. The following Exhibit is to this agreement is incorporated by reference and made part of this Agreement: Exhibit A Amenity Fees 1.7 Landscape & Irrigation Plan. The approved Landscape Plan and Irrigation Plans, Sheets L1.0-L3.0 & IR1.0-IR1.3of the Development Plan, is made part of the land use approval for the Development Plan. 1.8 Municipal Code. The Avon Municipal Code, including the Avon Development Code, as may be amended from time to time. Page 3 of 17 Colorado World Resorts Version 4 – July 2, 2019 1.9 Public Improvements. Those improvements to be acquired, constructed or installed for the benefit of the public, including, but not limited to, the Public Improvements described in Article IV and in the Public Property Improvement Map. 1.10 Public Property Improvement Map. The approved Public Property Improvement Map, Sheets C1.0 – C6.0of the Development Plan, is made part of the land use approval for the Development Plan. 1.11 ROW. “ROW” shall mean that certain public right of way as described in the Development Plan. 1.12 Term. The term of this Agreement as provided in Article III. ARTICLE II DEVELOPMENT PLAN 2.1 Development Plan. The Development Plan sets forth the approved scope of development of the Property and has been approved by the Town through action by the Town of Avon Planning and Zoning Commission. 2.2 Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement. ARTICLE III TERM 3.1 Term. The term of this Agreement shall be for so long as the building which comprises the Development continues to exist and for five (5) years after such time the building that comprises the Development is no longer in existence on the Property. In the event the building which comprises the Development is destroyed by fire or other calamity and then reconstructed within five (5) years, such reconstructed building shall be deemed the building that comprises the Development and this Agreement shall continue in full force and effect until five (5) years after the reconstructed building no longer exists. The Parties may terminate this Agreement earlier by mutual agreement. ARTICLE IV PUBLIC IMPROVEMENTS 4.1 Public Improvements. The Owner agrees to construct and install the public improvements set forth in this Agreement (the “Public Improvements”). Such obligations directly relate to the Application complying with the minimum required development standards set forth in the Code and are material to the terms, conditions, covenants and mutual promises bargained for by Town and the Owner in this Agreement. The Owner shall install or cause to be installed all Public Page 4 of 17 Colorado World Resorts Version 4 – July 2, 2019 Improvements that the Owner is required to construct in a good and workmanlike manner in accordance with the applicable regulations of the Town and applicable Utilities, as defined below, and in accordance with this Agreement. (a) Utility Improvements. The Owner agrees to install all utility improvements as described in the Development Plan. (b) Drainage Improvements. The Owner shall install drainage improvements for stormwater control and quality as described in the Development Plan. (c) Sidewalk. The Owner shall install the sidewalk adjacent to Highway 6 running the length of the project, as described the Development Plan. (d) Turn Lanes. The Owner shall install turn lanes off Highway 6, as described in the Development Plan. 4.2 Timing of Public Improvements. The Owner shall complete the Public Improvements and the Town shall have provided written notification of acceptance of the Public Improvements from the Town (the “Town’s Notification of Acceptance”) on or before the date of completion of the Development. The date of completion of the Development shall be defined as the date that the Owner receives from the Town a Temporary Certificate of Occupancy for the Development. The Owner shall inform the Town of all construction plans within Town property and within the ROW at least ninety (90) days prior to the start of construction that is to occur within Town property or the ROW. If the Owner has not received the Town’s Notification of Acceptance from the Town of all Public Improvements, the Town may withhold the issuance of a Temporary Certificate of Occupancy. 4.3 Warranty Period. The Public Improvements constructed and installed by the Owner shall be warranted to be free from defects in workmanship or quality for a period of two (2) years after the date of the Town Notification of Acceptance (the “Warranty Period”). In the event of any such defect arising during the Warranty Period, the Town may require the Owner to correct the defect in material or workmanship. Ten percent (10%) of the total actual cost of completion of all Public Improvements to be installed and constructed by the Owner shall be collected by the Town from the Owner as security during such two (2) year period as the improvement warranty pursuant to Code § 7.32.100, as may be amended. In the event any corrective work is performed during the Warranty Period then the warranty on said corrected work shall be extended for two (2) years from the date on which it is completed. Security equal to 125% of the cost of any corrected work, as estimated by the Town, shall be retained by the Town or immediately paid to the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Code § 7.32.100, for a period of two (2) years from the date of completion of the corrected work. 4.4 Engineering Certification. Upon completion of portions of the Public Improvements to be installed and constructed by the Owner, the Owner will cause its engineers (who shall have been actively engaged in observing to a commercially reasonable degree the construction of the Public Improvements and who are licensed in the State of Colorado) to Page 5 of 17 Colorado World Resorts Version 4 – July 2, 2019 provide a written opinion. The written opinion shall be in form and content reasonably satisfactory to the Town’s Engineer, and based upon on-site observation, review of sufficient construction-observation reports, field test reports, and material test reports and certifications by qualified personnel, shall opine that the installation of the Public Improvements, or portions thereof as may be completed from time to time, have been completed, and that to the best of the opining engineer’s knowledge and professional judgment, the Public Improvements are in conformance with all Standards (as defined below), plans, and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on Sheets C1.0 – C6.0 of the Development Plan. Inspection reports, test results, as-constructed plans, including surveys, and other supporting documentation shall be submitted with the certification. The as-constructed plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. 4.5 Inspection Procedures. All Public Improvement work shall be done under the published inspection procedures and standards (collectively, “Standards”) established by the Town, Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, Xcel Energy, CenturyLink, Comcast, or any other utility (“Utilities”), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. No work shall be deemed complete until the reasonable approval and acceptance of the Public Improvements by the Town or the Utilities. Inspections by the Town and Utilities shall not relieve the Owner or the Owner’s agents from any responsibility or obligation to ensure that all work is completed in conformance with all Standards, plans, and specifications as submitted to and previously approved by the Town and Utilities. (a) Cost of Inspections: The cost, if any, of inspections, by Town employees, or an independent third-party inspector, shall be paid by the Owner. (b) Notice of Non-Compliance: In the event that the Town, through its inspectors, reasonably determines that the Public Improvements to be installed and constructed by the Owner are not in compliance with the Development Plan, it shall give written notice of such non-compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications with which the Public Improvements fail to comply. The Notice of Non- Compliance must be provided to the Owner within two (2) working days of the date of the inspection. 4.6 Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from the Owner’s activities while performing this Agreement (including, without limitation, maintenance, repair and replacement activities), including without limitation any Page 6 of 17 Colorado World Resorts Version 4 – July 2, 2019 claim that all or any portion of the Public Improvements installed and constructed by the Owner on Town property or ROW constitute a dangerous and/or unsafe condition within a public right-of- way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from any act or omission of the Town or its officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns. ARTICLE V WATER PROVISION, WATER USE AND ENFORCEMENT 5.1 Water Rights. The Owner has made a payment of cash-in-lieu of water rights dedication and proof of water system impact fees in the amount of $56,379 to the Authority to serve 81 SFEs and irrigate 0.91 acres of landscaped area, as required by the Authority. 5.2 Indoor Water Usage Limit. The Owner shall adhere to an indoor usage water budget of no more than 300 gallons per day, per unit, and shall be responsible for managing use to this limit. Any use in excess of this limit may be subject to an excess use fee as determined by the Authority. 5.3 Outdoor Water Usage. (a) The Owner shall install a separate irrigation meter pursuant to Code § 7.28.050(6)(ii)(D). This section establishes a maximum allowable outdoor water use limit for the development to ensure this Development does not exceed its outdoor water allocation as established by the Authority’s Water Dedication Requirement and Water Service Agreement between the Owner and the Authority. During the first two growing seasons, the Owner shall not exceed 639,832 gallons of outdoor water use in any calendar year. Thereafter, the Owner shall not exceed 319,916 gallons of outdoor water use in any calendar year. The following monthly budget is based upon a total irrigated area of 0.91 acres or 39,787 square feet: . Colorado World Resorts Indoor Water Usage Limit Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Use per Unit 9.3 8.4 9.3 9 9.3 9 9.3 9.3 9 9.3 9 9.3 110 (kgal) Total existing (kgal) 753.3 680.4 753.3 729.0 753.3 729.0 753.3 753.3 729.0 753.3 729.0 753.3 8870 Page 7 of 17 Colorado World Resorts Version 4 – July 2, 2019 Colorado World Resorts Outdoor Water Usage Limit May Jun July August September Total Gallons 54,641 71,763 78,060 66,350 49,102 319,916 (b) Outdoor Water Usage on the Property may be curtailed by the Authority during periods of low stream flows, and/or during instream flow calls. Once connected, the Authority will monitor water usage of the Property. 5.4 Enforcement. (a) The Authority, upon determining that the Owner has exceeded the Water Usage Limits prescribed above in this Article, may provide written notice by mail or e- mail to the Owner or its successors and assigns of the violation of this Section and demand that the excessive water usage cease immediately. The Town, in its sole discretion, may also issue a notice under this Section when it has been notified by the Authority that there is a violation of this Article. (b) In the event that the water usage of the Property exceeds the Water Usage Limits in this Article, the Owner shall be obligated to either reduce its water usage to within the Water Usage Limits, or, at the Authority’s sole discretion, pay additional cash in lieu of a water rights dedication fees for the excess water use. If the Authority, in its sole discretion, does not accept an additional cash in lieu of water rights dedication fee, the Owner or its successors and assigns shall be obligated to reduce its water use to the Water Usage Limits in accordance with all remedies set forth in this Agreement. (c) Even if the Owner ceases excessive water usage immediately, the Authority, in its sole discretion, may impose excess water usage fees on the Property for the period of excess usage. (d) Failure to correct excessive outdoor irrigation water use may result in a seven (7) day Notice of Disconnection, at the sole discretion of the Authority or other enforcement action commenced by the Authority and/or Town. (e) The Town has the right, but not the obligation, to enforce the provisions of this Article and may take such action as permitted or authorized by law, this Agreement or the ordinances of the Town, as the Town deems necessary to protect the public health, safety and welfare. Page 8 of 17 Colorado World Resorts Version 4 – July 2, 2019 ARTICLE VI MAINTENANCE AND ONGOING OBLIGATIONS 6.1 Operations and Maintenance. The Owner understands and acknowledge that those certain aspects of the maintenance, operation and use of the Development, including drainage, infrastructure, landscaping, and sidewalks (“Owner Maintained Public Improvements”), as delineated on Sheets C1.0 – C6.0 of the Development Plan and incorporated herein, require maintenance by Owner. (a) Except in the event such liability arises from the action or omission of Town or its officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns, but without waiving governmental immunity, the Owner agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Owner Maintained Public Improvements erected or maintained by the Owner under this Agreement. (b) If the Owner fails to maintain the Owner Maintained Public Improvements, the Town may perform the necessary maintenance and/or repair, as determined by the Town in its sole discretion, after providing at least thirty (30) days written notice to the Owner detailing the necessary maintenance and/or repair. If, after the remedy period set in the notice, the Owner fails to perform the necessary maintenance and/or repair, the Town may perform such maintenance and/or repair. The actual costs of the maintenance and/or repair, together with a fifteen percent (15%) charge for administration, shall be assessed against the Property. The Town shall send a notice of assessment to the Owner and upon the expiration of the thirty (30) period provided in such notice, the costs, including the administrative charge, shall be a lien upon the Property. If the assessment is not paid within thirty (30) days of the lien, the Town may impose interest upon such costs and upon the administrative charge, at the rate of eighteen percent (18%) per year. All costs, interest and charges, including the costs of collection, may be certified to the County Treasurer and collected in the same manner as taxes. ARTICLE VII SUBDIVISION 7.1 Future Subdivision. Before acceptance of the Public Improvements, the Owner shall submit a complete application for a subdivision of land pursuant to the Code. Easements for public improvements as defined in Article IV shall be provided for public pedestrian usage of the sidewalk, and for the usage of the stormwater and drainage improvements for their intended purposes. 7.2 Timeshare Amenities Fee. At such time as any portion of the property is turned into timeshare intervals, the applicable amenity fee per timeshare interval as set forth in Exhibit A hereto shall be paid by the Owner for each interval period created e.g., if one week intervals, then for each week or, if calendar quarter intervals, then for each calendar quarter. Such fee shall be due prior to the conveyance of the first timeshare interest is sold to a third party. Page 9 of 17 Colorado World Resorts Version 4 – July 2, 2019 ARTICLE VIII RESTORATION OF SITE 8.1 Restoration Due to Inactivity. Unless a permit extension is granted in writing by the building official upon justifiable cause demonstrated by the Owner, the permit shall become invalid after 180 days of suspended work. If the permit become invalid, the Owner shall restore the site to the condition the site was in at the time of issuance of the permit (subject to changes reasonably necessary for public safety or preservation of land and adjoining land, or to prevent waste) within thirty (30) days from the date of notice by the Town that restoration is required. Upon restoration of the Property in accordance with this Article and to the reasonable satisfaction of the Town, this Agreement shall automatically terminate. 8.2 Restoration Funds. The Town currently holds funds deposited by the Owner in the amount of $209,475.00 as security for any possible future required restoration. If the obligation to restore arises (i.e., if the permit becomes invalid) and if the Owner thereafter fails to restore the Property in compliance with this Article and to the Town’s satisfaction, the Town may use such funds to cover the costs of any required restoration work. The Town shall maintain an accounting of such costs and once restoration work is completed, the Town shall return any remaining funds along with such accounting. If the funds are insufficient to perform the restoration work, the Owner, upon demand from the Town, shall deposit additional required funds as determined by the Town. If the Owner fails to provide such funds, the Town’s costs of restoration over the amount of funds current held, shall be a lien upon the Property to be collected in the same manner as property tax and the Town may certify such amount to the County Assessor for collection, including an additional 10% imposed by the Town for costs of collection. 8.3 Return of Funds. After the issuance of a final Certificate of Occupancy, the Town shall refund the restoration funds to the Owner. ARTICLE IX DEFAULTS, REMEDIES AND TERMINATION 9.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be defined as the Town’s failure to perform its obligations under this Agreement, after the applicable cure period described in Section 9.3, below. 9.2 Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s failure to fulfill or perform any obligation of the Owner contained in this Agreement following the applicable cure period described in Section 9.3, below, or the Owner’s failure to fulfill or perform any obligation of the Owner contained in any other written agreement relating to the Property between the Town and the Owner or the Town following any applicable cure period contained in such agreement. The failure by the Owner to cause the Association to collect and remit the timeshare amenities fee to the Town as provided in Section 7.2 shall constitute a default by the Owner. Page 10 of 17 Colorado World Resorts Version 4 – July 2, 2019 9.3 Notices of Default. In the event of a default by either Party under this Agreement, the non-defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified in Section 11.6, and the defaulting Party shall have five (5) days for monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that with the exercise of reasonable diligence can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non-defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. 9.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured as described in Section 9.3, the Owner shall have the right to enforce the Town’s obligations by an action for any equitable remedy, including, without limitation, injunction or specific performance or an action to recover damages. Each remedy in this Section 9.4 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. 9.5 Remedies for Default by the Owner or Association. If any default by the Owner or the Association under this Agreement is not cured as described in Section 9.3, the Town shall have the right to enforce the Owner’s or the Association’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this Section 9.5 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. In addition, if a default of this Agreement by the Owner or the Association also constitutes a violation of the Code and non-compliance with the Development Plan for this Property then the Town shall have all enforcement rights as described in the Code and other applicable sections of the Code concerning enforcement and penalties for violations, as the Code may be amended from time to time. 9.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall attempt to resolve the controversy or claim in good faith in accordance with the procedures stated in this Section 9.6. The Party asserting the breach, default, controversy, or claim shall first provide written notice to the other Party, citing this Section 9.6, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not resolved within thirty (30) days of the date of the notice, or by such longer period as may be mutually agreed by the Parties, then either Party may initiate a legal action. At any time after the written notice citing Section 9.6, the Parties may mutually agree to appoint an independent neutral third party (the “Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all relevant and non-privileged documents and may impose reasonable confidentiality provisions; (ii) the Parties may make representations and submissions to the Mediator but there shall be no Page 11 of 17 Colorado World Resorts Version 4 – July 2, 2019 formal hearing unless the Mediator requires a formal hearing and provides a written notice to the Parties; (iii) the Mediator shall make his recommendations in writing as soon as is reasonably possible but not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said recommendation or a mutually acceptable alternative. Submission of the dispute to the Mediator shall be deemed by the Parties to toll the applicable statute of limitations until the mediation process is concluded. ARTICLE X ASSOCIATION MATTERS 10.1 The Owner shall form the Association upon completion of the Development and prior to any occupancy thereof; provided, however, that in the event that the Association has not been formed as required, the Owner shall be liable for all obligations of the Association hereunder until such time as the Association is formed. 10.2 In addition to the rights and obligations of the Association, as specifically stated in this Agreement, at such a time as the Association is formed, except for any right of Owner to a refund of any deposit or other monetary security held by Town hereunder, the Association shall be deemed to be the Owner with respect to the provisions, rights, and obligations of this Agreement. The provisions of any other Section of this Agreement necessary to give effect to the Association’s rights and obligations under the foregoing Articles and Sections shall also be deemed to control. The Association shall indemnify and hold harmless the Town for Owner Maintained Public Improvements. The Association Governing Documents will contain a provision stating that the Association shall be subject to this Agreement as provided herein, and recite the Association’s obligations in this Agreement, including the obligation to indemnify the Town, as described herein. In addition, the Association Governing Documents shall state that the Town is a limited third-party beneficiary solely for the purpose of enforcing the performance of the Association’s agreements under Section 4.1 and Article VI of this Agreement. 10.3 The Association Governing Documents will contain an acknowledgement and disclosure to each owner of a time-share in the Development (“Time-share Owner”) that, in the event the Time-share Owner shall rent its time-share period, the Time-share Owner or its rental management company must obtain a Town business license and the Public Accommodations Tax shall apply to such rental as described in the Code. 10.4 Any failure of the Association Governing Documents to contain provisions required by this Agreement shall be a default by the Owner and the Association under this Agreement, and the Town shall be entitled as a remedy therefor to obtain an order for reformation of the Association Governing Documents so that they are in compliance with this Agreement. Page 12 of 17 Colorado World Resorts Version 4 – July 2, 2019 ARTICLE XI MISCELLANEOUS 11.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 11.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners. 11.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Code to the extent applicable. This Agreement does not prevent the Town from imposing additional requirements not inconsistent with this Agreement as conditions for approval of a subdivision or the granting of a building permit. 11.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 11.5 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated. 11.6 Notices. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via electronic mail to intended recipient’s electronic mail address, provided below. Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: If to Town: Town of Avon Attention: Town Manager P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4005 Email: eheil@avon.org And: Town of Avon Attention: Town Attorney PO Box 975 Avon, CO 81620 Page 13 of 17 Colorado World Resorts Version 4 – July 2, 2019 Email: pwisor@garfieldhecht.com If to Owner: Colorado World Resorts, LLC 6460 S Quebec St, Building 5, Centennial, CO 80111 Attn: Ranko Mocevic And: Les Roos Leslie J. Roos, LLC 303-916-7145 5555 DTC Parkway Suite 340 Greenwood Village, Colorado 80111 Email: les@lesroos.com Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 11.7 Amendment of Agreement. For the purpose of any amendment to this Agreement, “Owner” shall mean only the Owner as defined herein and those parties, if any, who have specifically been granted, in writing by the Owner, the power to enter into such amendments. No amendment to this Agreement shall be valid unless signed in writing by Owner and Town. 11.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. The Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the Association; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of the Owner and comprised of affiliates of the Owner. Further, the Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property; provided, however, that the third party assignee fully assumes in writing all obligations of the Owner assigned to such party and the Town consents in writing to such third party assignment, which consent will not be unreasonably withheld or delayed if the Owner has reasonably demonstrated to the Town that the third party assignee has the financial capability to perform the obligations under this Agreement so assigned. In no event shall any Time-share Owner be individually liable for any obligations of the Owner or the Association pursuant to this Page 14 of 17 Colorado World Resorts Version 4 – July 2, 2019 Agreement. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. 11.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Any electronically delivered counterparts shall have the same force and effect as an “ink-signed” original. 11.10 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.. [SIGNATURE PAGE FOLLOWS] Page 15 of 17 Colorado World Resorts Version 4 – July 2, 2019 IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first written above. TOWN: By:__________________________________ ____________________, Mayor ATTEST ___________________________________ __________________, Town Clerk OWNER: By:____________________________________ Its:____________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ___________ ) Acknowledged before me this _______ day of _________________, 20__, by ________________________ as _________________________________ of COLORADO WORLD RESORTS, LLC., a Colorado corporation, on behalf of the corporation. My commission expires: _________________ ______________________ Notary Public As to Article V of the Agreement only: AUTHORITY: ATTEST: , Secretary EXHIBIT A AMMENITY FEES Amenities Fee. Commencing as of a first-time sale and conveyance of a Fractional Interest to a third-party purchaser and continuing in perpetuity with respect to such Fractional Interest, the Owner or property owner's association for any Fractional Interest Ownership subdivision within the Colorado World Resorts condominium project ("Association") is obligated to collect from each Fractional Interest Owner and remit to the Town on a semi-annual basis an Amenities Fee in the initial amount of $39.30 per year per Fractional Interest or the equivalent if conveyed in some Fractional Interest other than a one-week period. The Owner is exempt from the obligation for the Amenities Fee until the first-time sale of a Fractional Interest. The provisions for the obligation for each Fractional Interest Owner to pay shall be a covenant running with the land and reflected accordingly on the Resubdivision Plat and Association covenants. Prior to the assignment of this Agreement to an Association, the Owner shall be obligated to collect and remit any and all Amenities Fees. The amount of the semi-annual payments will be calculated according to the following formula: Number of existing or newly deeded fractional interests per semiannual period (January- June, calculated as of June 1, and July-December calculated as of December 1), multiplied by an amount equivalent to $39.30 per weekly interest (as adjusted by CPI-U, as defined below), divided by 2. The due dates for the semiannual payment are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2020, and on the first day of each year thereafter, the amount of the fee shall be increased, but not decreased, by the percentage increase from the prior year average consumer price index for All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed. Report published by the Bureau of Labor Statistics (the "CPI-U"). In the event that the CPI-U remains the same as the prior year or decreases from the prior year, the amount of the fee shall not be adjusted for that year. It shall be the duty of the Association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. Prior to the formation of the Association, the Owner shall have the above-referenced obligation to keep and preserve such records. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the Association. The amount properly determined to be owing shall bear interest from the due Page 17 of 17 Colorado World Resorts Version 4 – July 2, 2019 date of the remittance at the rate of one and one-half percent per month until paid. Prior to formation of the Association such written demand will be delivered to the Owner. TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: Preston Neill, Deputy Town Manager Date: August 13, 2019 Topic: RESOLUTION 19-17 ADOPTING THE 2019 COLORADO COMMUNITIES FOR CLIMATE ACTION POLICY STATEMENT ACTION BEFORE COUNCIL: Council is asked to review and approve Resolution 19-17 Adopting the 2019 Colorado Communities for Climate Action Policy Statement. RECOMMENDED MOTION: “I move to approve Resolution 19-17 Adopting the 2019 Colorado Communities for Climate Action Policy Statement.” SUMMARY: The Town of Avon is an active member of Colorado Communities for Climate Action (“CC4CA”), a coalition of twenty-seven local governments that advocate for state and federal policies to protect Colorado’s climate for current and future generations. The Town joined CC4CA earlier this year. Members of CC4CA include: Aspen, Avon, Basalt, Boulder, Boulder County, Breckenridge, Carbondale, Clear Creek County, Crested Butte, Dillon, Eagle County, Fort Collins, Frisco, Golden, Lafayette, Longmont, Louisville, Mountain Village, Nederland, Northglenn, Pitkin County, Ridgway, San Miguel County, Summit County, Telluride, Vail and Westminster. The Steering Committee for CC4CA met on August 2 to develop a policy statement. The policy statement sets forth the goals and policies of CC4CA. The goals and policies are primarily focused on greenhouse gas reduction efforts and promotion of clean energy. The Avon Town Council previously adopted the Climate Action Plan for the Eagle County Community in late 2016. Many of the Town’s Climate Action Plan activities are consistent with the goals and policies of CC4CA. Participation in CC4CA is expected to support a stronger voice throughout Colorado for Climate Action as well as provide a forum and network for coalition communities to share ideas and experiences on implementing Climate Action Plans. CC4CA has asked each coalition member to adopt the 2019 CC4CA Policy Statement. The Policy Statement does not commit or obligate the Town of Avon to any specific action. The Steering Committee updates the policy statement annually. Resolution 19-17 Adopting the 2019 CC4CA Policy Statement and the 2019 CC4CA Policy Statement are attached for Council’s review and consideration. The Resolution includes authorization for the Mayor to approve annual updates for Council efficiency. ATTACHMENTS: Resolution 19-17 2019 CC4CA Policy Statement RESOLUTION 19-17 ADOPTING THE 2019 COLORADO COMMUNITIES FOR CLIMATE ACTION POLICY STATEMENT WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town of Avon follows the activity of the state and federal legislature closely in order to identify any potential impacts on the county and its citizens; and WHEREAS, the Town of Avon, along with twenty-seven other municipalities and counties in Colorado, have joined Colorado Communities for Climate Action (“CC4CA”), a coalition of local governments across the state which advocates for state and federal policies which support clean air, clean water, reduction of fossil fuel consumption and other contributors associated with greenhouse gas emissions; and WHEREAS, an integral part of this system is the adoption of the 2019 CC4CA Policy Statement, which identifies legislative issues of interest to the Town along with the Town’s policy principles on these issues; and WHEREAS, the Avon Town Council previously adopted the Climate Action Plan for the Eagle County Community in 2016 which includes the Key Recommendation 4. “Collaborate across jurisdictional boundaries for greater impact and likelihood of success;” and, WHEREAS, Town of Avon officials and staff will utilize the 2019 CC4CA Policy Statement as a guiding policy when reviewing and analyzing bills which may have an impact on the Town’s interests; and WHEREAS, the 2019 CC4CA Policy Statement is in alignment with the goals and priorities in the Town of Avon’s Strategic Plan. NOW THEREFORE, be it resolved by the Avon Town Council hereby adopts the 2019 CC4CA Policy Statement attached as Exhibit A and further authorizes the Mayor to approve annual updates to the CC4CA Policy Statements. MOVED, READ, and ADOPTED by the Avon Town Council on August 13, 2019. By:_______________________________ Attest:_________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk CC4CA Policy Statement Effective July 1, 2019 Adopted by the CC4CA Steering Committee on June 27, 2019 for Final Member Sign-Off Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy priorities for 2019-2020 reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide the specific policies that Colorado Communities for Climate Action advocates for: Supports collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection. Supports state and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. Supports analyses, financial incentives, and enabling policies for the development and deployment of clean energy technologies. Supports locally driven and designed programs to support communities impacted by the clean energy transformation. Supports prioritizing policies that put people at the center of decision-making, do not exacerbate or create disparities in growing the green economy, and enhance equitable outcomes for all. 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reducing statewide carbon emissions consistent with or greater than the State of Colorado’s 2019 codified goals. 2. Securing accurate, frequent greenhouse gas inventories and forecasts for Colorado. 3. Adopting a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions. 4. Expanding the consideration of the environmental and health costs associated with the use of fossil fuels. Local Climate Strategies 5. Removing barriers and promoting opportunities that allow counties and municipalities to maximize the deployment of local clean energy and climate options. 6. Enabling local governments to obtain the energy use and other data they need to effectively address climate change. 7. Supporting a public process for evaluating retail energy choice options for local jurisdictions. 8. Supporting policies that promote energy efficient buildings. 9. Providing for equitable strategies to enable and accelerate beneficial electrification. Energy Generation 10. Accelerating retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. 3 11. Expanding the ability of electric cooperatives to independently purchase local renewable electricity and take other steps to reduce carbon pollution. 12. Expanding distributed generation, energy storage, high levels of renewable energy generation (distributed and utility-scale), and appropriate technologies through grid modernization. Energy Efficiency 13. Expanding demand side savings from efficiency and conservation for all energy types. 14. Supporting ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households so that all Coloradans have access to comfortable and affordable homes. 15. Providing counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Transportation 16. Ensuring effective implementation of Colorado’s vehicle emissions standards and other regulatory activities designed to reduce carbon emissions from vehicles. 17. Implementing the 2018 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. 18. Increasing multimodal transportation funding. 19. Incentivizing and selecting mobility alternatives, including movement of both people and goods, based on energy efficiency and environmental costs and benefits. Fossil Fuel Extraction Activities 20. Expanding monitoring of and reducing the full life cycle emissions from fossil fuel extractive industry activities. Solid Waste Reduction 21. Granting CDPHE the authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. 4 22. Reducing the use of disposable/single-use products and promoting the reuse of materials. 23. Fostering infrastructure, policies, incentives, and programs for recycling and composting. General 24. Promoting proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change. 25. Optimizing the potential for carbon sequestration through regenerative agriculture, improved soil health, and forest management. 26. Incorporating equity, accessibility, and just transition considerations into climate policies and actions. 27. Encouraging investments that achieve climate-positive solutions. 28. Maintaining protections and authorities currently provided under environmental laws like the Clean Air Act and the Clean Water Act. 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Resolution No. 19-18 Appointing Town Manager Eric Heil as Second Alternate to Upper Eagle Regional Water Authority DATE: August 9, 2019 ACTION BEFORE COUNCIL: Consideration of a Resolution to designate Town Manager Eric Heil as a 2nd Alternate to the Upper Eagle Regional Water Authority. PROPOSED MOTION: I move to approve Resolution No. 19-18 Appointing Town Manager Eric Heil as the Second Alternate to the Upper Eagle Regional Water Authority. BACKGROUND: The Upper Eagle Regional Water Authority (“UERWA”) allows for each member to designate a representative as well as alternates. Mayor Sarah Smith Hymes serves as the primary representative for the Town of Avon. Occasionally, Mayor Smith Hymes and Mayor Pro Tem Amy Phillips may not be able to attend a meeting of the UERWA which occurred two meetings ago. Adoption of Resolution No. 19-18 would formalize the appointment of Town Manager Eric Heil to the UERWA. This will help promote consistency in representation of Avon and participation by Avon because I have reviewed water issues related to UERWA for the Town of Avon for over 10 years. Thank you, Eric {00083354.DOC /} RESOLUTION NO. 19-18 APPOINTING REPRESENTATIVES TO THE UPPER EAGLE REGIONAL WATER AUTHORITY BE IT RESOLVED, by the Avon Town Council that its designated principal member of Upper Eagle Regional Water Authority be: Sarah Smith Hymes BE IT FURTHER RESOLVED that the designated alternate members to serve in the absence of the above-designated principal member shall be: 1st Alternate: Amy Phillips 2nd Alternate: Eric Heil BE IT FINALLY RESOLVED that those persons shall serve as the Town of Avon’s designees until further written notice from the Town of Avon. ADOPTED this August 13, 2019. Town of Avon By: _______________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk {00083354.DOC /} RESOLUTION NO. 19-18 APPOINTING REPRESENTATIVES TO THE UPPER EAGLE REGIONAL WATER AUTHORITY BE IT RESOLVED, by the Avon Town Council that its designated principal member of Upper Eagle Regional Water Authority be: Sarah Smith Hymes BE IT FURTHER RESOLVED that the designated alternate members to serve in the absence of the above-designated principal member shall be: 1st Alternate: Amy Phillips 2nd Alternate: Eric Heil BE IT FINALLY RESOLVED that those persons shall serve as the Town of Avon’s designees until further written notice from the Town of Avon. ADOPTED this August 13, 2019. Town of Avon By: _______________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: David McWilliams, Town Planner Meeting Date: August 13, 2019 Topic: PUBLIC HEARING AND REVIEW PLANNING AND ZONING COMMISSION RECOMMENDATION - AVON MUNICIPAL CODE AMENDMENTS TO PERMIT COMMUNITY HOUSING IN THE LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT DISTRICT ZONE DISTRICT BY SPECIAL REVIEW USE ACTION BEFORE COUNCIL Public Hearing and direction to pursue or not pursue an Ordinance amending the Town of Avon Municipal Code to permit Community Housing in the Light Industrial and Commercial Employment District zone district by Special Review Use (SRU). APPLICATION BACKGROUND Town Council tasked the Community Development department with initiating the Code Text Amendment (CTA) process to determine the best way to provide Community Housing* in the Light Industrial and Commercial Employment District (IC). In front of Town Council are code text amendments that would allow increased densities within the IC district through the SRU process. *Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitation and may include terms deemed appropriate in the Town’s discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. PROCESS Once Council initiated the CTA process, staff scheduled a series of work sessions with the Planning and Zoning Commission (PZC) in to prepare the code language. After two (2) work sessions and two (2) public hearings, PZC voted unanimously to recommend denial of the changes (Attachment 1). AREA BACKGROUND The IC zone district originated in 1974 as part of the Benchmark subdivision, before Avon was a town. Wildridge had yet to be conceived, so the district was isolated and at a dead-end. As Avon grew around it, the IC district developed and by 1999, all the current buildings had been completed. While the uses and businesses have come and gone, the district itself is best described as mature or fully developed, with few vacant lots remaining. Five (5) of the properties have Accessory Dwelling Units (ADUs) within them, for a total of 12 units. In various iterations of the municipal code, they seemed to be by-right; now they all are subject to the Special Review Use (SRU) process. Code allows up to four (4) ADUs per property, and two (2) properties are at that limit. In some senses this speaks to the amount of demand for commercial space and the inherent complexity of retrofitting existing buildings and combining the uses where various owners or tenants are already established. Staff is unaware of any covenants that prohibit housing in the area but would not be surprised if some properties had such provisions. Some of the properties were originally built with their unit(s), while others had commercial space retrofitted to allow for housing. One of the more recent buildings, the vet hospital, was planned and constructed with all four (4) units as the top floor of the project. Currently there are four (4) vacant lots within the zone district – three (3) are somewhat physically isolated from the heart of the district and all of them have constraints to construction. Staff reviewed the uses and created the table below to illustrate the existing conditions in the area. Staff does not guarantee the accuracy of any individual piece of the information in the table but presents it as a tableau of the area in general. Address Lot Size (acres) Size of Buildings (sf)Floors Primary Use Has ADU Total number of DUs Proposed DU total 220 Metca 10 3.3 --Energy Facility No 25 451 Metca 11 0.96 6480 2 Commercial No 7 431 Metca 12 0.592 7734 2 Storage Yes 4 4 411 Metca 13 1.047 5150 1 Commercial No 8 371 Metca 14 / 15 2.82 55200 3 Commercial yes 2 21 311/331 M 16 / 17 3.276 19211 3 Commercial no 25 281 Metca 18 / 19 2.76 44586 3 Storage / Commercial no 21 111 Metca 20 / 21 2.04 --Vacant / Dog Run No 15 77 Metcalf 22 0.89 13882 3 Commercial No 7 810 Nottin 23 0.574 12056 1 Commercial No 4 830 Nottin 24 0.656 10335 1 Commercial No 5 850 Nottin 25 1.409 41640 2 Storage Yes 1 11 910 / 930 N 26 - 28 2.29 65817 3 Storage / Commercial yes 1 17 950 Nottin 29 1.454 13300 1 Commercial No 11 710 Nottin 30 0.537 --Vacant No 4 730 Nottin 31 0.576 14000 3 Vet Office Yes 4 4 780 Nottin 32 / 33 0.997 14480 1 Commercial No 7 80 Metcalf 34 0.642 10000 2 Commercial No 5 90 Metcalf 35 0.536 7750 1 Storage / Commercial No 4 120 Metca 36 0.328 2746 2 Commercial No 2 140 Metca 37 0.763 14080 1 Storage / Commercial No 6 240 Metca 39 2.81 --Vacant (TOA Property)No 21 NA Tract Y 7.232 --Vacant No 54 THE SPECIAL REVIEW USE (§7.16.040) “(a) Purpose. This Section provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large. Special review uses that may be allowed in each zone district are listed in Table 7.24-1, Allowed Uses… “Special review use approvals shall expire pursuant to this Section. The PZC may approve a SRU permit in perpetuity, but may assign a shorter time as deemed necessary. At least thirty (30) days prior to the expiration, the holder of the special review use approval may apply for a review hearing before the PZC. The PZC shall review the use against the criteria in Subsection (e) above to determine whether the special review use will be allowed to continue. (1) Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or within two (2) years of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit. (2) If an approved use ceases operation for any reason for a period of one (1) year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Director shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the Town. (3) If conditions of approval are not maintained, it shall be considered a violation of this Code and subject to revocation proceedings.” Generally, SRUs have more to do with use than built form. That is, SRUs generally are needed to decide upon a use within an existing space, not whether the space should be built. It is unlikely that any applicant for a Community Housing Project would request anything less than perpetuity. SRU REVIEW CRITERIA Code requires the PZC to use the following criteria on all SRU applications. While these criteria are not applicable for a CTA, staff’s responses are indicative of the hurtles that an applicant would need to cross, and the responses needed to get approved. Additional review criteria are being proposed, with responses further below: 1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; Staff Response: The Comprehensive Plan states: [Current] uses provide an important component to Avon’s overall economic health… Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings and need improved landscaping, access, and screening. The Town should work towards improved traffic safety and aesthetics. Live/ work development opportunities in the Light Industrial and Commercial zone district that do not possess significant conflicts with surrounding land uses should be encouraged. The Planning Principle section states: “Accommodate residential development that supports primary industrial or employment land uses.” The Comprehensive plan prioritizes the current (or arguably denser) scale of ADUs but not a wholesale conversion of existing uses to residential. The undeveloped parcels in the IC zone district would not raise the same concerns as the rest, but perhaps this is a case to be made for the Rezoning process of these parcels and not a SRU. Staff feels that the proposal deviates from the area specific language. A Comprehensive Plan revision that better addresses the SRU process is not proposed at this time. The Community Housing Plan (part of the Comprehensive Plan) gives strong but general support for Community Housing. It lacks specific guidance with where the housing should be focused other than a few specific properties. 2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in the Development Code; Staff Response: In the CTA, staff revised the IC district purpose (7.20.080) to better align with this criterium. 3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; Staff Response: Staff does not feel strongly that, all things being equal, residents need to be protected or segregated from the majority of uses in the IC zone or vice-versa. However, the district is well established, located in a physically isolated section of town, away from parks, schools, transportation, etc. and in many ways is not conducive to a large residential development. Likewise, residential uses near the current uses can put pressure on them to redevelop, thereby losing the jobs (and tax base) present. 4) Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; Staff Response: There are mobility and transportation concerns that a proposed change would bring. Placing Community Housing away from the Town Core raises concerns about how workers are expected to get around and how the road network can handle the increased traffic in a relatively isolated section of town. Basic amenities such as sidewalks and streetlights are not provided. Staff would expect an applicant to detail how their project would mitigate these concerns but is doubtful they will be fully assuaged. 5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and Staff Response: Fiscal impacts to the town and the region may also be reason for judicious review of any SRU proposal. Staff estimates that approximately $208,000, or 2.5% of the town’s overall sales tax collection in a given year, is collected in the IC zone district. Staff did not estimate the impact of the 2% transfer tax collected by the town as a way to recoup some of the potential losses because the units would be deed restricted and therefore exempt from the transfer tax. The lifeblood of municipal coffers is sales tax and eliminating businesses in town would result in a lower tax base. More public services may be required with a smaller sales tax base to draw from. 6) Adequate assurances of continuing maintenance have been provided. Staff Response: The concerns are the same as above. Additional SRU Criteria Staff proposes the inclusion of the following review criteria for applications that propose four (4) or more dwelling units per property in the IC zone district, in addition to the SRU criteria above. These additional criteria are an attempt to limit the type and location of properties that would be subject to a drastic change in use. 1. Compatibility with surrounding land uses; 2. Whether the proposed development is justified by changed or changing conditions in the area proposed to be developed; 3. Whether there are adequate facilities available to serve development of the type and scope suggested by the proposal compared to the existing use allowances, while maintaining adequate levels of service to existing development; 4. That, compared to the existing zoning, the development is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; 5. The fiscal loss associated with net loss in IC uses due to the proposal is mitigated by the community’s need for housing; 6. The property is underutilized or underdeveloped and would function better as Community Housing; 7. That all of the housing provided will be deed restricted as Community Housing. 8. Architecture that responds to the sensitive site conditions and raises the standard of design for the rest of Town are being provided; and 9. The application provides an appropriate environment for housing. Staff Response: The proposed additional criteria takes four (4) criteria from Rezoning to better define where the change in use would be appropriate enough to warrant approval. They also require an applicant to demonstrate that the project is financially and aesthetically cohesive with the rest of town. PZC REVIEW AND RECOMMENDATIONS Work Sessions – Staff worked with PZC to create a purpose statement for the CTA process that guided the language choices. It reads: To codify a process that allows quality Community Housing in the Light Industrial and Commercial Employment District on underutilized or otherwise suitable locations, through the SRU process. With that as a starting point, staff sought to walk a fine line between opening up the possibility of housing while also protecting the important jobs base in the area. Public Hearings - A summary of the changes proposed by staff include: • Changing the IC district purpose statement to open the possibility for a housing-only parcel. • Change in the review for up to four (4) ADU from SRU process (brought to PZC) to staff-review. • Increase in the number of accessory units allowed per property from four (4) to eight (8), with four (4) or less ADUs per property allowed by-right and over 4 dwelling units per property requiring the SRU process. • Creation of three (3) use types within the IC zone district to steer applicants to the desired design type and possibly lower bar for SRU applications. Two types have a residential density maximum of 10 dwelling units per acre. • Addition of SRU criteria for application types that contain more than four (4) ADUs. • Requirement that housing above four (4) units per property be deed restricted Community Housing. CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: Staff worked hard to balance the proposal to respond to changed conditions while maintaining the general welfare of the Avon community by preserving the job base in the district. Goal B.5 in the Comprehensive Plan states: Encourage revitalization of existing light industrial and manufacturing uses. Policy B.5.1: Ensure infrastructure improvements include sidewalks, utilities, and controlled access from collector roads, like Nottingham Road. Policy B.5.2: Encourage effective screening of industrial uses from adjacent uses and vehicular access and circulation separate from public roads. Policy B.5.3: Review accessory residential uses in association with light industrial commercial development when compatible. The application balances reusing light industrial and manufacturing uses against the revitalization of the district by potentially allowing redevelopment in appropriate areas. The Community Housing Plan, as part of the Comprehensive Plan, states the following goals: • Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. • Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income - $430,000 for a household of three people in 2018. • Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of 50% rental, 50% ownership. • Seek to add deed restricted units to the inventory in the short term. Select purposes of the Development Code state: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; While different zone districts have allowances of mixed use, the IC zone district has stricter parameters limiting that mix than the others. For example, the Mixed-Use Commercial (MC) zone district allows for 100% commercial or 100% residential. Staff is not opposed to a more mixed-use future in this district but warns that eliminating IC uses is a worrying outcome of a more liberal approach to the SRU. No housing is affordable without a living wage and removing a jobs base from Town may produce that result. Therefore, this CTA takes a narrow approach at increasing housing in this zone district, which staff suggests is the right way to strike a balance between more housing units and preservation of existing jobs. FINDINGS OF FACT AND RECORD OF DECISION In the two hearings, members of PZC voiced their strong disagreement with the SRU as the correct process to review housing projects in the IC district. The SRU process was seen as a poor substitute to the Rezoning process to allow Community Housing because it undermines the preestablished rules for the drastic change in use. PZC voted to recommend denial of the application to Town Council (Attachment 1). Fundamentally, the body encourages a different approach (namely rezoning, a housing overlay district, and public-private partnerships (PPP)) to achieve Community Housing, instead of an expansion of the SRU process. The fact that the SRU process could require 100% of the additional units provided within the zone district to be deed restricted Community Housing was not particularly compelling. Members of PZC stated that due to the physical constraints on the undeveloped properties in the district, a PPP would probably need to be formed anyway, thus ensuring a large amount of the units created be deed restricted. Further, having received no input from the owners of the vacant properties, PZC generally had a hard time changing the parameters by which the properties are governed. STAFF RECOMMENDATION: Staff recommends no further action on the item unless the Town Council chooses to strip the Ordinance of all sections except for the ADU increase from four (4) to eight (8). In that case, staff recommends initiating the first reading for the August 26, 2019 Town Council meeting, so staff can present a revised copy of the Ordinance. FURTHER RECOMMENDATIONS: Staff’s focus on the IC zone district for this CTA led to some interesting compliance issues and other overarching observations for how to make it align closer to its purpose statement (found updated in the Ordinance, Attachment 2). Review Zone district uses – Staff feels that to best achieve the current intent of the zone district, certain changes in use allowance or programmatic focuses may be appropriate: • Self-storage, while necessary for many in the modern world, does not produce a large jobs base or fit well into the purpose statement for the IC zone district. Staff recommends capping the number of self-storage operations (through zoning or business license restrictions) at three (3), the current number. • The following uses are not permitted in the IC district. Furniture store; plant nursery; office supply store; paint store. While staff has not heard much demand for these operations in the district, staff suggests that adding them to the SRU list might spur additional businesses to locate in the town. Potential Programs - The IC zone district supports many year-round high paying jobs where a formal education is not required. Further supporting efforts in technology, micro industry (niche manufacturing), or a maker space may spur a more robust jobs base. Code Changes - ADU vs Live / Work: The IC district currently allows up to 4 ADUs per property as part of an SRU application. This use is not displayed in Table 7.24.040 as allowed in the IC district. Live / Work is a category in Table 7.24.040 but is not defined, and Live / Work is not shown as permitted in the IC district. Staff suggests a cleanup that corrects this. Rezoning - The town owns Lot 39, Block 1 Benchmark at Beaver Creek (pictured below) and it is zoned IC. Staff does not anticipate any potential development on the site and suggests that the property be rezoned to open space. ATTACHMENTS 1. PZC Recommendation 2. Ordinance Language LINKS Avon Comprehensive Plan https://www.avon.org/DocumentCenter/View/83/Comprehensive- Plan?bidId= Avon Community Housing Plan http://www.avonrec.org/DocumentCenter/View/18728/Avon- Housing-Plan If Your City Wants Equitable Job Growth, It Has to Zone for It https://nextcity.org/daily/entry/if-your-city-wants-equitable-job- growth-it-has-to-zone-for-it Affordable Housing Overlay Zone (AHOZ) Background and Links https://homeforallsmc.org/wp-content/uploads/.../AHOZ-Fact- Sheet_6_17_14.docx Making way for “Makers” https://planning.org/planning/2014/feb/makingway.htm Attachment 1 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 1 of 7 TOWN OF AVON ORDINANCE 19-XX AMENDING SECTIONS 7.20.080, TABLE 7.20-13, 7.24.040, 7.24.060 & 7.24.070 OF THE TOWN OF AVON MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING IN THE LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT DISTRICT ZONE DISTRICT BY SPECIAL REVIEW USE RECITALS WHEREAS, the Avon Town Council (“Town Council”) initiated a code text amendment application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with ADC §7.16.040, Code Text Amendment; WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on July 2, 2019, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval of the Application to the Town Council; WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the power to adopt Health and Safety Codes, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants; WHEREAS, the Town Council held a public meeting on XXXXXXX, 2019, to consider the Application and first reading; WHEREAS, the Town Council held a Public Hearing on August 13, 2019 and XXXXX, 2019, after posting notice as required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff reports prior to taking action on the Application; WHEREAS, the Town Council finds that changes to the Light Industrial and Commercial Employment (IC) District provide a method of delivering more Community Housing to residents and workers in the Town; WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c), Review Criteria, and are found to be in substantial compliance; Attachment 2 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 2 of 7 WHEREAS, the Application promotes and implements the goals and policies of the Avon Comprehensive Plan, including but not limited to implementation of the Avon Community Housing Plan by providing additional housing development in the IC District; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Home Rule Charter and the ADC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed Application. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 7.28.080 - Mixed-use and commercial districts purpose statements. is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: (g) Light Industrial and Commercial (IC). This district is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors, light manufacturing, and Community Housing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This district is intended to be located away from low and medium density residential development. The IC district implements the light industrial commercial and employment classification of the Avon Future Land Use Plan and should be located along an arterial roadway. Section 3. Amendment to Table 7.20-13 - Dimensions for the Light Industrial and Commercial Employment District. is hereby amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: USE TYPE Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landscape Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Max. Density Residential Primary IC Use 21,780 sq. ft. 100 50 20 25 7.5 10 48 48 accessory units [12] Mixed-IC Uses- [1] 21,780 sq. ft. 100 50 20 25 7.5 10 48 10 du/acre [2] Attachment 2 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 3 of 7 Increased Residential 21,780 sq. ft. 100 50 20 25 7.5 10 48 10 du/acre [2] [1] Accessory dwelling units are permitted as a special review use pursuant to Section 7.16.100. At least 50% of the ground floor area is designated for IC uses; or the first floor(s) of the development are devoted to commercial or industrial uses. [2] Residential densities above 4 units per property or residential-only developments are permitted as a special review use pursuant to Section 7.16.100 and additional review criteria in Section 7.24.060(c). Section 4. Amendment to Section 7.24.040 - Table of allowed uses. is hereby amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use- Specific Regulatio ns Residential Nonresidential R D R L R M R H RH -C NC MC TC SC P P F IC OLD Residential Uses Household Living Dwelling, Single- Family Detached P P S Dwelling, Two- Family/ Duplex P P P S Dwelling, Townhou se P P P P P P S Attachment 2 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 4 of 7 Dwelling, Multi- Family P [1] P P P P P S S [2] [1] Limited to 8 units per building in RM [2] 7.24.060( c) Dwelling, live/ work S S S S S S P S Accessor y DU S S S S P/ S [1] 7.24.070( e) [1] 4 units are allowed by right; up to 8 units per property are allowed by SRU Section 5. Amendment to Section 7.24.060 - Special review uses. is hereby amended to read as follows, with underline indicating language to be adopted: (c) Residential uses in the IC zone district - Additional review criteria. The PZC shall use the following review criteria as the basis for decisions on applications for residential densities over four (4) units per property in the IC zone district: 1. Compatibility with surrounding land uses; 2. Whether the proposed development is justified by changed or changing conditions in the area proposed to be developed; Attachment 2 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 5 of 7 3. Whether there are adequate facilities available to serve development of the type and scope suggested by the proposal compared to the existing use allowances, while maintaining adequate levels of service to existing development; 4. That, compared to the existing zoning, the development is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; 5. The fiscal loss associated with net loss in IC uses due to the proposal is mitigated by the community’s need for housing; 6. The property is underutilized or underdeveloped and would function better as Community Housing; 7. That all of the housing provided will be deed restricted as Community Housing. 8. Architecture that responds to the sensitive site conditions and raises the standard of design for the rest of Town are being provided; and 9. The application provides an appropriate environment for housing. Section 6. Amendment to 7.24.070 – Accessory Uses and Structures. is hereby amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: (e)Additional Standards for Specific Accessory Uses and Structures. (1) Accessory Dwelling Units. An accessory dwelling unit shall be permitted as a Special Review Use subject to the following standards: (i) Districts Allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: IC, PF, RL, RD and RM. (ii) Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access and other standards for principal uses dwelling units in the zoning district in which the accessory dwelling unit will be located. Accessory dwelling units may be a separate structure from the principal structure or be attached to and part of the principal structure. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as accessory dwelling units. (iii) Requirements in the RL, RD and RM zone district: (A) Size of Accessory Dwelling Unit. No accessory dwelling unit shall exceed thirty-three percent (33%) of the size of the habitable floor area of the principal unit or six hundred (600) square feet, whichever is less. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. (iv)(B) Limit on Number. There shall be no more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling. (v)(C) Off-Street Parking. At least one (1) off-street parking space shall be provided for each accessory dwelling unit. (iv) Requirements in the IC zone district: Attachment 2 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 6 of 7 (A) All accessory dwelling units shall be deed restricted as Community Housing. (B) Off-Street Parking. Parking allocation is subject to Section 7.28.020. (C) Up to eight (8) accessory dwelling units are permitted on each lot. Four (4) units are permitted by-right and an additional four (4) units are permitted through the Special Review Use process. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Section 12. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on XXXXXXXX, 2019 and setting such public hearing for XXXXXXX, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. Attachment 2 Ord 19-XX IC Zone District Revisions August 13, 2019 Page 7 of 7 BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on XXXXXXX, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wiser, Town Attorney Attachment 2 Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Matt Pielsticker, Planning Director Meeting Date: August 13, 2019 Topic: PUBLIC HEARING, APPEAL OF PLANNING AND ZONING COMMISSION’S DECISION DATED JUNE 4, 2019 DENYING A VARIANCE APPLICATION FOR BUILDING IMPROVEMENTS OUTSIDE A PLATTED BUILDING ENVELOPE ON LOT 111C, BLOCK 1, WILDRIDGE ACTION BEFORE COUNCIL Review of an appeal (Attachment 1) of the Planning and Zoning Commission (“PZC”) decision (Attachment 2) to deny a Variance application to permit a building addition to be located outside a platted building envelope. The proposed building improvements include a “garage-like” storage addition, rooftop deck, and roof with solar panels. OPTIONS The Development Code procedures require that the Council act on an appeal, in writing, within thirty- five (35) days of holding the public hearing – OR NOT LATER THAN SEPTEMBER 17, 2019. The following options are available to the Town Council: 1. Approve Findings of Fact and a Record of Decision approving the application. 2. Approve Findings of Fact and a Record of Decision denying the application. 3. Continue the Public Hearing. A memorandum prepared by Town Attorney Paul Wisor outlining draft Records of Decision for Council’s consideration is attached hereto as Attachment 3. PLANNING AND ZONING COMMISSION DECISION On June 14, 2019 the PZC held a public hearing to review a Variance application and Minor Development Plan application submitted by the appellant. At the hearing the PZC reviewed the meeting packet information which included a staff report, appellant’s testimony, written public comments, and spoken comments from neighbors in the vicinity of the project. The applicant has since provided more photographs (Attachment 4) to better describe and visualize the project. After deliberation PZC made a unanimous decision to deny the Variance. Once action to deny the Variance was finalized, PZC tabled the decision on the Minor Development Plan (design review of the physical improvements). The Minor Development Plan application was subsequently modified to keep the building improvements within the platted building envelope, matching existing architectural details of the home. Staff administratively approved the modified Minor Development Plan application. PZC’s decision to deny the Variance was based upon conflicts with the review criteria and PZC’s determination that the Variance application did not meet the review criteria. Attached as XX is the PZC Decision, which cites that a grant of special privilege would occur if the Variance was approved. Page 2 of 2 PZC found that there are no exceptional or extraordinary circumstances applicable to the site at 2011 Beaver Creek Point that warrant exceptions to the established building envelope from the adjacent roadway. REVIEW CRITERIA Pursuant to Avon Development Code Section 7.16.170(c), Review Criteria, the Town Council shall use the applicable review criteria to the decision that was appealed. Additionally, the Town Council shall review the decision de novo, meaning that the Council provides its own independent review. The applicable review criteria and required findings for a Variance are set forth in 7.16.110(c) and (d) and states as follows: 7.16.110 – Variance “(c) Review Criteria. The PZC [Council] shall use the following criteria as the basis for a decision on an application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; (2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; and (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. (d) Required Findings. The PZC [Council] Council shall make the following written findings before granting a Variance: (1) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; (2) That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; (3) That the variance is warranted for one (1) or more of the following reasons: (i) The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; (ii) There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or (iii) The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district.” ATTACHMENTS 1 - Written Appeal Request 2 – PZC Decision and Packet Materials 3 – Memorandum from Paul Wisor, Town Attorney 4 – Photos provided by Applicant for Packet 6-28-2019 Avon Town Council and Town Clerk I wish to appeal the denial decision signed by the PZC chairperson on 6-18-2019 to grant a variance for a properly sized solar system at 2011 Beaver Creek Point, Avon, Colorado. The decision was arbitrary and does not comply with the intent of Colorado’s climate action policy and goals. Specifically, Colorado’s renewable energy statute, section 38-30-168, protects against unreasonable restrictions in terms of added costs or reduced efficiency on renewable energy generation devices. The arbitrary decision also does not comply with the intent of Avon’s renewable energy municipal code section 7.28.100(g) or Avon’s climate action policy and goals. Granting the variance will result in a solar array that will produce 66% more energy and will then supply most of the electrical energy used by the applicant’s home and two electric vehicles. The solar project will still be built within normal setbacks. The project will be more than 25 feet from the asphalt street and 10 feet from the side yard. Malahide LLC Tom Ruemmler & Judy Douglas Attachment 1 AARON J. GOODLOCK Direct: 720-221-9787 agoodlock@ochhoalaw.com 1445 Market Street, Suite 350 ● Denver, CO 80202 ● 720-221-9780 ph ● 720-221-9781 fax 14 N. Sierra Madre Street, Suite A-1 ● Colorado Springs, CO 80903 ● 719-457-8420 ph ● 719-457-8419 fax 888-841-5149 toll free ● www.ochhoalaw.com ● info@ochhoalaw.com July 10, 2019 Via email and first class mail Town of Avon, Town Council c/o Eric Heil, Avon Town Manager 100 Mikaela Way P.O. Box 975 Avon, CO 81620 eric@avon.org Re: Appeal of PZC Decision Denying Variance Request Under AMC 7.16.170 Planning & Zoning Commission File No. VAR19001 Dear Council Members: Orten Cavanagh & Holmes, LLC represents Malahide LLC, Tom Ruemmler, and Judy Douglas (collectively, the “Owners”) with respect to the proposed solar project at 2011 Beaver Creek Point in Avon, also known as Lot 111C, Block 1 in the Wildridge subdivision. Introduction and Background An integrated solar energy system that is supported by a deck and storage structure appurtenant to the southern portion of the existing home has already been approved if constructed within the more restrictive PUD building envelope approved in 1999. The Owners are seeking a very minor variance to expand the building envelope to normal setbacks used in all low density residential zones. This solar project is in a low density residential zone. On April 14, 2019, the Owners submitted a minor development plan application for the construction of a solar energy system (MNR19008), as well as a request for a variance from the current setback regulations to allow them to build beyond the originally-approved PUD building envelope (VAR19001). The reason for the variance is to accommodate the requisite number of solar panels necessary to offset the electrical energy needs of two electric vehicles and the home. A public hearing as to the minor development and variance applications was held on June 4, 2019. The Planning and Zoning Commission (“PZC”) denied the Owners’ requests for a variance from the existing setbacks shown on the PUD map. Those original setbacks are more restrictive for 2011 Beaver Creek Point than for other homes in the PUD that have normal Wildridge setbacks (10 feet for side and back yards and 25 feet for front yards). Front yard is defined in the Avon Municipal Code as the side with the front door, which can be on a private street. See, AMC § 7.08.010. Attachment 1 Town of Avon, Town Council July 10, 2019 Page 2 On June 26, 2019, the Town approved phase 3 (the solar roof) of the Owners’ minor development plan relative to construction of the proposed solar system if built entirely within the original PUD building envelope. This action is contrary to intent of Colorado public policy, including C.R.S. § 38-30-168, because it would greatly decrease the number of solar panels and the overall electrical output of the system. If the variance is approved, it’s estimated that 66% more energy could be produced. The variance is merely asking to build within the normal setbacks equivalent to neighboring owners. This letter is submitted in support of the Owners’ appeal of the PZC’s denial of the Owners’ variance request, and to outline the reasons why the variance is necessary and should be approved in accordance with applicable state and local law. There are a number of practical and physical constraints that substantially restrict the ability of the Owners to install a properly sized solar system on the roof of the existing home and/or within the existing building envelope. Accordingly, the Owners have requested a de minimus variance from the existing (and more restrictive) setback to accommodate the proposed design in a manner that is consistent with the objectives of the Town of Avon Development Code as well as larger, overall environmental and climate initiatives. No Encroachment on Common Areas The Owners’ proposed solar project does not interfere with or encroach upon any of the community’s common areas. To the contrary, the proposed design will be constructed entirely upon Lot 111C, which is owned exclusively by Malahide, LLC. In a previous letter to the Town Council dated October 17, 2018, the Association’s legal counsel stated that the Association was opposed to the Owners’ minor development application because the proposed solar project would be located on the “Common Areas.” According to the Association, the common areas include any property outside of a residence. The Association’s statements in this regard are unfounded, self-serving, and contrary to Colorado law. Significantly, the Association fails to distinguish between common areas – i.e., property owned or leased by the Association – and easements, which grant very specific and limited use rights over property owned by another. Common areas (i.e. common elements) are expressly defined by statute. The Colorado Common Interest Ownership Act (“CCIOA”) defines common elements in a planned community as “any real estate . . . owned or leased by the association, other than a unit” (emphasis added). See, C.R.S. § 38-33.3-103(5)(b). Furthermore, CCIOA provides that the definition of Common Area cannot be varied by terms of the Declaration or other agreement. See, C.R.S. § 38-33.3-104. The “exterior maintenance areas” and other easements referred to in the Declaration or on the plat are not “Common Areas” because they are not “real estate . . . owned or leased by the Association”. Attachment 1 Town of Avon, Town Council July 10, 2019 Page 3 As stated above, Malahide, LLC is the sole owner of Lot 111C. The Association does not own or lease any portion of the Lot 111C. Additionally, the proposed design does not encroach upon any property owned or leased by the Association. The Association’s statements to the contrary are false and should be disregarded. Maintenance Easements The Association has asserted that the proposed solar project would interfere with “maintenance easements” granted to the Association and “exterior maintenance areas”. The Association intentionally disregards its own recorded 2007 Declaration amendment which clarified that owners (not the Association) are responsible for maintenance of the residence exteriors. The Owners’ proposed solar project does not interfere with or adversely affect the Association’s ability to carry out any maintenance responsibility it believes it has in any manner whatsoever. Furthermore, because owners are responsible for maintenance of their residence, Malahide would be responsible for any future or ongoing maintenance responsibility associated with the garage-like storage shed, deck and solar roof, in addition to any other improvements located on Malahide’s Property that it currently maintains. Other Easements Certain other easements exist in the community, including (1) slope maintenance, drainage, and snow storage easements, and (2) access and utility easements. The dimensions and boundaries of these easements are depicted on the recorded plat as to their exact location. The Owners’ proposed solar project does not interfere with any of the easements shown or described on the plat. Snow has never been stored where the solar project is proposed to be built. Conversely, the proposed location and placement is entirely within Lot 111C and does not encroach upon any of the identified or existing easement areas as verified in a letter from the county engineer (attached). The easements shown on the plat would be entirely preserved, and the solar project would not impact or affect the Association’s ability to utilize and have access to the existing easement areas for the intended or permissible purposes. It is unclear why the Association has represented otherwise to the Town. View Corridors There are no “protected” view corridors established in the Declaration or depicted on the plat of the 2001 Beaver Creek Point community. If any view corridors existed, they would be shown on the plat and/or very specifically described in the Declaration. Attachment 1 Town of Avon, Town Council July 10, 2019 Page 4 Simply put, the Association’s concerns regarding the alleged view corridors are without merit because no such view corridors exist. Paradoxically, we have recently been advised that the Association is considering planting a number of tall, evergreen trees (Austrian Pines) in approximately the same location as Malahide’s proposed solar project and in the same location of tall evergreen trees that the Association recently removed for fire protection reasons. The removal of these trees, that were much taller than the solar project, opened views. The new trees, once mature, will significantly obstruct views from a neighboring home to a much greater extent than the proposed solar structure. Planting large, evergreen or deciduous trees is inconsistent with Mr. Joyce’s desires to open views. Variance Request and Analysis A variance is appropriate and should be provided when practical or physical conditions exist such that the strict application of existing regulations would result in an undue hardship to a property owner. The Owners respectfully request a variance to allow them to build five feet beyond the existing more restrictive building envelope on the south and east facing portion of their lot. If extended, the new approved building envelope would still be at least 10 feet from the Owners’ south property line and more than 25 feet from the asphalt street. In this regard, it’s notable that there are approximately 10 other homes in the Wildridge subdivision that are less than 25 feet from the street. It appears that most of these homes did not obtain variances. As acknowledged by the PZC, practical difficulties or unnecessary physical hardships may arise from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations, or traffic conditions in the immediate vicinity. The lot at 2011 Beaver Creek Point is a long, odd-shaped lot that places constraints on design. Other lots in the PUD have larger rectangular portions that are more conducive to alternative designs, and their building envelopes follow the normal, less restrictive, Avon setbacks for low density, residential zoning. Here, a variance is warranted for the following reasons, without limitation: • The strict, literal interpretation and enforcement of the existing setback regulations would result in practical difficulties inconsistent with the objectives of the Development Code; specifically, the space available within the existing building envelope is insufficient to accommodate the requisite number of solar panels necessary to offset usage in a cost effective manner; Attachment 1 Town of Avon, Town Council July 10, 2019 Page 5 • Granting a variance is the only practical method to accommodate the Owners’ goal and proposed scope of the project to provide a “net zero” electrical energy usage; and • Use of solar on the existing residence would detrimentally impact the integrity of the building structure. Critical elements of solar energy design include (1) maximizing energy efficiency and output necessary to offset electrical usage, and (2) ensuring safety, both as to initial construction and installation as well as ongoing maintenance and operation. The existing roof is unsuitable to support installation of the solar panels for a variety of reasons, including safety and efficiency concerns. Owners’ have engaged multiple solar consultants who all advised against installing the panels on the existing roof due to significant safety concerns. From a safety perspective, the aging cedar shake roof is not equipped to accommodate the requisite number of solar panels; anchoring the panels on the existing roof would require approximately 72 individual roof penetrations that are difficult or impossible to seal and which are likely to leak and cause damage to the home; the solar panels and related electrical equipment create a fire hazard due to the flammable cedar shake shingles; and compliance with applicable fire code regulations would create an undue practical and financial burden because the code require a minimum 3’ of clearance around solar panel arrays installed over occupied space. As it pertains to efficiency, the existing roof is insufficient to accommodate a properly sized solar energy system, particularly as a result of the nine existing dormers that limit the placement, configuration, and number of panels that can be installed. There is little southern exposed space on the home’s roof and the available locations are not large enough to accommodate the entirety of the proposed solar project. The result would be an unsightly and fragmented appearance with many exposed electrical conduits between numerous solar arrays that would also be insufficient to offset the Owners’ energy needs. The existing dormers and chimney also create shade and the dormers and shakes themselves significantly reduce the ability of the roof and/or solar panels to self-shed snow and ice and thus significantly negatively impacts energy output. In terms of the reduction in performance, the Owners’ solar consultants and a forensic engineer have calculated that installation of the solar panels on the roof would result in an estimated 45%-50% reduction in overall efficiency, utilizing the National Renewable Energy Laboratory PVWatts Calculator. The Owners are requesting a variance from existing more restrictive setbacks to allow for the accommodation of additional solar panels necessary to offset energy usage. Limiting construction to the approved new gable roof within the existing more restrictive building envelope will only accommodate up to 15 expensive high efficiency 360 watt panels. The project requires 25-30 panels in order to achieve net-neutral energy usage. Attachment 1 Town of Avon, Town Council July 10, 2019 Page 6 To meet and achieve the desired output, this would require installation of solar panels at multiple locations on the existing roof where all experts agree no panels should be installed. This aesthetic would be less appealing than a single location containing all the panels that is obscured from public view (i.e., it would allow for the necessary energy output for the Owners and be in one location versus multiple roof areas which are more visible to the public and neighboring property owners). In addition to energy performance, a variance would also allow for a project that better harmonizes with the overall design and existing roof lines in the Beaver Creek PUD. From a strictly aesthetic perspective, people on the street will see only the narrow edge of the new roof. This profile is much less intrusive than roof mounted panels facing the public street and/or scattered across the existing roof amongst the nine existing dormers. Additionally, the existing aspen and evergreen trees located in the neighbor’s yard will obscure the neighbors’ views of the roof as well as that of people driving north on Beaver Creek Point. Variance Review Criteria The Town of Avon can and should provide a variance if any one of the variance criteria set forth in AMC Section 7.16.110(c), reiterated below, are met. The Owners’ responses to the three variance criteria are detailed following each of the criteria: 1) The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege. (emphasis added) Owners’ Response: Pursuant to Section 7.04.030(m) of the Avon Municipal Code, the objectives of the Development Code specifically include “[a]chiev[ing] innovation and advancement in the design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable resources and attain sustainability.” As noted above, the variance is requested to increase kilowatt production of the proposed solar design by 66%, which directly supports the stated objectives of reducing energy consumption and the consumption of non-renewable resources, and achieving greater energy and environmental sustainability. The degree of relief being sought consists of a minor encroachment into the setbacks of the lot that will have minimal impact to neighbors and public property. Applicant is requesting to extend construction 5 more feet to the east and 5 more feet to the south. This will, however, be within normal setbacks in Avon and the same setbacks as other homes in the PUD. Additionally, the new gable roof has been specifically designed to achieve compatibility and uniformity with the Attachment 1 Town of Avon, Town Council July 10, 2019 Page 7 existing architecture of the home and other homes in the neighborhood. It will look like original construction and less like an add-on that most other solar installations in Wildridge (e.g., pedestals on flat roofs, large visible ground-mounted systems and roof mounted systems). Furthermore, granting the variance would not constitute the grant of a special privilege since other owners in the Wildridge subdivision have been granted relief from similar requirements to allow for greater kilowatt production. Conversely, strict compliance with the code would result in a smaller system that is unsightly and fragmented assortment of solar panels in multiple locations with substantially exposed electrical conduit connecting the multiple locations. 2) The effect of the requested variance on light and air, distribution or population, transportation and traffic facilities, public facilities and utilities and public safety. Owners’ Response: The requested variance and the proposed solar design would not have any negative impact on light and air, distribution or population, transportation and traffic facilities, public facilities, utilities, or public safety. As noted above, the proposed design is actually less visually impactful than the suggested alternatives of a ground mounted system (which would directly face the public street) or installing the panels in a scattered fashion on the roof directly facing the street. In fact, the existing aspen and evergreen trees would actually obscure and reduce the aesthetic or visual impact from adjacent public streets and surrounding/neighboring homes. Likewise, the proposed construction would not encroach upon or interfere with any existing public or utility easements. Arguably, in the broader context of the neighborhood and the community, the project will reduce impacts to the environment given a reduced reliance on fossil fuels. Planning staff previously agreed that of the numerous options and drawings examined, a new gable roof attaching to the first existing dormers from the south is the best option. 3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. Owners’ Response: The PZC did not identify any additional factors applicable to the Owners’ original variance request. However, the Town should be mindful that the strict or literal enforcement of the existing setback requirement would deprive Owners of the privileges enjoyed by other owners in the vicinity. Denial of the request may also constitute an effective prohibition on the installation of a renewable energy device in a manner that is expressly contrary to the Town’s stated objectives and Colorado public policy and state renewable energy Attachment 1 Town of Avon, Town Council July 10, 2019 Page 8 statutes. Furthermore, we are not aware of any solar projects that have not been approved by the Town of Avon. There are two property owners who previously requested and obtained similar variances related to the construction of solar energy devices (2190B Saddle Ridge Loop and 2807 Shepherd Ridge). In those instances, the Town approved variances to install ground-mounted solar systems prior to the owners maximizing space available on the existing roofs. This constituted a 100% variance from Avon municipal code Section 7.28.100(g)(2)(i)(C) (providing that a solar array may only be proposed when a solar collection system has been maximized on a property’s primary structure). The proposal at 2011 Beaver Creek Point has been very carefully studied and devised to minimize impacts to other neighbors and adjacent lots while maximizing the opportunity to generate solar power for greater reliance on renewable energy at this home, It is the applicants’ hope that given careful consideration and sensitive manner in which the revised proposal has been elaborated and the nature of the proposal to adopt solar panels and renewable energy, the Avon Town Council will carefully consider the minor setback variance request. It will take numerous small steps like this proposed variance to accommodate a cost effective solar project to meet the new climate actions goals proposed and passed in the last legislative session to achieve a 90% reduction in carbon by 2050. Finally, the granting of a variance would not be detrimental to the public health, safety or welfare in any way, nor would the variance or the proposed solar project be materially injurious to neighboring properties or improvements in the vicinity. To the contrary, the proposed design is intended to specifically enhance public health and safety through the reduction in overall environmental and climate impact. Additional Information and Considerations It’s imperative to note that consideration of the Owners’ variance request is limited to the criteria in the Development Code, and any decisions must be by a panel consisting of disinterested and impartial decision-makers. Interested council members, members with an appearance of impartiality, or those who cannot follow the town attorney’s advice and strictly review the variance based on Avon Municipal code and not the HOA’s wishes to thwart any change are respectfully requested to refrain from participation and voting in accordance with the Town Code of Ethics. At all prior hearings, Avon’s town attorney has appropriately advised the PZC and the Town Council that decision-making is not to be based on the application or interpretation of private residential (HOA) covenants. Furthermore, the 2001 Beaver Creek HOA governing documents Attachment 1 Town of Avon, Town Council July 10, 2019 Page 9 only limit new additions that do not harmonize with the existing architecture. However, it has been determined by the PZC that this solar project, including the new gable-roof design, harmonizes with the architecture in the PUD. Finally, courts in Colorado and multiple other jurisdictions have consistently interpreted and applied statutes to invalidate substantial restrictions placed on homeowners’ rights to install solar energy devices, especially where such restrictions “effectively prohibit” solar devices – either by substantially increasing the cost of installation, significantly reducing performance (i.e., energy output), or both. See, Governor’s Ranch Homeowners Ass’n, Inc. v. Gunther, 705 P, 2d 1011 (Colo. App. 1985) (finding that requiring a homeowner to keep an evaporative cooler on the ground instead of on the roof would violate Colorado law). See also, Garden Lakes Cmty. Ass’n v. Madigan, 62 P.3d 983 (Ariz. Ct. App. 2003); and Tesoro Del Valle Master Homeowners Ass’n v. Griffin, 133 Cal. Rptr. 3d 167 (Cal. App. 2d Dist. 2011). In these cases, appellate court decisions in favor of allowing solar energy devices were guided by express statutory policies favoring and encouraging the installation and use of renewable energy devices. Conclusion The requested variance, if approved, would result in a very straightforward, simple design that both is reflective of the existing architecture and is supportive of a solar panel array that is proportionally scaled and appropriate to offset the electrical usage of the applicant’s home and two electric vehicles. The requested variance is compatible and consistent with the stated objectives of the Town of Avon Development Code as well as Colorado renewable energy statutes C.R.S. § 38-30-168 and state-level sustainable energy and environmental initiatives. Sincerely, Aaron J. Goodlock ORTEN CAVANAGH & HOLMES, LLC AJG/dh c: Tom Ruemmler (truemmler@hotmail.com) Attachment 1 Attachment 1 Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 1 Staff Report – Variance Application June 4, 2019 Planning & Zoning Commission PUBLIC HEARING Project file Case #VAR19001 Legal description Lot 111C, Block 1, Wildridge Address 2011 Beaver Creek Point Zoning PUD Prepared By Matt Pielsticker, Planning Director Introduction Before the Planning and Zoning Commission (“PZC”) is a variance application for building improvements that would encroach into areas outside the platted building envelope. In this staff report the words setback and building envelope are used interchangeably as they are in the Avon Development Code. The improvements are described as phased and include a “garage like” addition to the building, a deck, and roof constructed of solar panels. While staff wholeheartedly supports the goals of advancing clean air standards and other emerging technologies that result in reduced energy consumption, the findings required to grant a Variance prohibit the granting of a special privilege, which appears to be what the application represents in this case. The building improvements are part of an accompanying Minor Development Plan application File #MNR19008. If the variance request is acted upon favorably by the Planning and Zoning Commission (“PZC”), the Minor Development Plan can then be reviewed at the same time. If PZC fails to make the required findings to approve the Variance, the Minor Development Plan should either be denied or continued to a future meeting in order for the design to be modified to meet the building envelope constraints. Site Description The property, located at 2011 Beaver Creek Point, is part of the Beaver Creek Point PUD, a PUD amendment that took a previously platted property, Lot 111, Block 1, Wildridge (a seven (7) unit multi-family lot) and created a cluster style development with five (5) single-family home sites. The subject property measures 9,691 square feet and is permitted one house with 50% coverage, or 4,241 square feet. Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 2 Approximate location of addition in context with BC Point PUD The PUD and corresponding final plat were approved in 1999, and construction of all five (5) homes commenced shortly thereafter. The other homes in the Beaver Creek Point PUD typically contain 10’ side yard setbacks, which result in homes approximately 20’ apart. The Final Plat memorializes the Beaver Creek Point PUD Amendments setbacks for the construction of buildings and structures. The Final Plat created “building envelopes” prescribing these setbacks. The setbacks at the perimeter of the subdivision are consistent with the Wildridge PUD – 25’ setbacks from abutting roadways, effectively creating 25’ front setbacks despite the fact that the homes face inward to the private driveway. Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 3 As noted above, the side and rear are 10’, which creates 20’ separation between homes. The internal setbacks from the private driveway accessing the lots are unique to the Beaver Creek Point PUD, in that they were minimized to allow the homes to be tightly clustered next to the private driveway. The platted building envelope for 2011 Beaver Creek Point is highlighted in yellow: BC Point Final Plat Other examples of clustered PUD Amendments in Wildridge include Wildridge Acres and the Claven. These developments, similar to Beaver Creek Point, proposed 10’ side yard setbacks, reduced front (internal) setbacks, and maintained 25’ setbacks from abutting roads. For example, Wildridge Acres plat: Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 4 Wildridge Acres PUD and Subdivision According to the Municipal Code, Setback “means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located.” As described in the narrative and accompanying design plans (“Attachment 1”), the request is for building improvements that would encroach 9” into the internal building envelope line, 5’2” into the south (side) building envelope line, and 4’7” into the building envelope on the street side of the project. Some of the proposed encroachments are overhangs, not building footprint. It should be noted that some communities allow overhangs to project beyond building envelopes. Review Procedures This application follows the general preview procedures set forth in Code Section 7.16.020, General Procedures and Requirements. Some application submittal requirements were waived (i.e. title insurance commitment) because they were received in 2018 as part of other similar requests. An accompanying Minor Development Plan application for these improvements is being review concurrently on the same meeting agenda pursuant to Code Sections 7.16.020(4) and 7.16.020(5), Concurrent Review. Review Authority PZC will review the Application and conduct a public hearing on June 4, 2019. After reviewing the Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 5 Application materials, staff’s analysis, and considering public input, the PZC is empowered to make a final determination with motion and vote. As is common practice, staff will ask PZC to make a determination and direct staff to return with written findings and record of decision for action at the following meeting. The decision of the PZC may be appealed to Town Council pursuant to Code Section 7.16.160, Appeal. Purpose of Variance Regulations In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Review Criteria The PZC shall use the following review criteria as the basis for a decision on an application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; Staff Response: According to the drawings, the applicant is proposing three exceptions to the setback. The following list describe the encroachment measurement, area of property, and type of improvements: - 9” on the internal private driveway for roof overhang - 5’2” on the south side next to private driveway entrance for building addition and roof overhang - 4’7” on the Beaver Creek Point (“front”) side The relief from building envelope standards is not necessary to achieve compatibility and uniformity. While each property in the Beaver Creek Point PUD has uniquely shaped building envelopes, each property abutting a public roadway contains 25’ setbacks. Each property in the Beaver Creek PUD has comparable building envelope sizes: Lot 111A, .241 acres; Lot 111B, .196 acres; Lot 111C, .222 acres; Lot 111D, .219 acres; and Lot 111E, .250 acres. The average size of building envelopes for Beaver Creek PUD is .225, and the subject property measures .222, which is consistent with other properties in the vicinity. The proposed degree to which the building envelope would be enlarged, in effect, is not necessary to achieve compatibility in size with other building envelopes. The Development Code is intended to promote and achieve a broad list of goals and purposes. The following italicized list is taken directly from Code Section 7.04.030, with pertinent sections highlighted. Is it appropriate to build over setbacks to meet greenhouse gas reduction goals if it results in a project that is less consistent with neighboring properties in the vicinity? PZC must determine if building outside platted envelopes/setbacks is necessary to achieve compatibility in this instance, or whether it would be a grant of special privilege. Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 6 (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 7 checking to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full-time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. (2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; and Staff Response: The request will not have any direct effect on transportation facilities, public facilities, utilities or public safety. There are minimal impacts on light and air. In essence, the variance proposes 4-5’ encroachment into areas that would otherwise be free and clear of a building or structure. (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. Staff Response: Would this variance preserve the spirit of the building setback/building envelope regulations? Given the unique shape of the properties, and varied location of the corresponding private driveway and easement, internal building envelopes fluctuate and there are not consistent distances between the driveway and the structures. Variation to the setbacks, particularly the 25’ setback on the road side, is not warranted for reasons that are not self-imposed. There is nothing unique about the subject property (i.e. extremely steep grades) that would result in advantages to keeping a home or other structure closer to this setback. Staff encourages PZC to contemplate the proposed development and unique considerations of adding solar panels to the existing structure, or a new structure, as outlined in the narrative. PZC should determine if there are are other criteria or overarching considerations that should apply to this unique request. It is the burden of the applicant to show that the variance should be granted. Other considerations that PZC may want to consider: o Are there circumstances or conditions on Lot 111C that are unusual that do not generally apply to other properties? o Cost of constructing comparable addition within existing approved building envelope. The Applicant provided a gable roof design that worked within the existing building envelope. That alternative did not appear to be as compatible with the neighboring design aesthetic, and therefore, the applicant decided to pursue this application and design. o Should solar access and the overarching clean air goals of the Town override the built form fundamentals created by setbacks and design review standards? Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 8 o Character of the immediate neighborhood and type of deck and roof construction. o Would a setback variance be granted for any other type of improvement in the setback? o Should aesthetics, cost, and functionality override a zoning standard? Findings Required According to Code Section 7.16.110(d), Findings Required, the PZC shall make the following written findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; 2. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 3. That the variance is warranted for one (1) or more of the following reasons: i. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; ii. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or iii. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Staff Response: Granting the variance would constitute a right to build in an area that is prohibited from physical building construction. As mentioned above, the concern from staff is that the 25’ setback near the roadway, should be preserved to maintain a consistently spaced built form in the neighborhood. The hardship must be more than mere inconvenience or a preference for a more lenient standard and should not be self-imposed as it appears to be in this instance. Options for PZC Action: 1. Approve the Application. 2. Deny the Application. 3. Continue the Application. Optional Motions: 1. Approval - “I move to Approve Case #VAR19001, an application for relief of setback limitations on Lot 111C, Block 1, Wildridge Subdivision, with the findings of fact and conditions as listed in the staff report” 2. Deny - “I move to Deny Case #VAR19001, an application for relief of setback limitations on Lot 111C, Block 1, Wildridge Subdivision, with the findings of fact as recommended by staff.” 3. Continue - “I move to Continue Case #VAR19001, finding that the submittal materials are not adequate to evaluate the development against the review criteria and require additional studies and information pursuant to Code Section 7.16.020(f)(2).” Proposed Motion: “I move to Deny Case #VAR19001, an application for relief of building envelope limitations on Lot 111C, Block 1, Wildridge Subdivision, with the findings of fact as recommended by staff.” Attachment 2 June 4, 2019 Planning and Zoning Meeting Setback/Building Envelope Variance – 2011 Beaver Creek Point 9 Optional Findings and Conditions for Approval: Findings: 1. The development application is complete; 2. The development application provides enough information for PZC to determine that the application complies with the relevant review criteria; 3. The application was reviewed in accordance with the procedures and criteria outlined in Code Section 7.16.110; 4. The PZC held a public hearing on June 4, 2019, after providing necessary public notification in accordance with the Code; 5. The Review Criteria in Code Section 7.16.110(c) were reviewed and substantial compliance with the criteria was demonstrated by the application materials; 6. The granting of the variance would not constitute a grant of special privilege inconsistent with the setback limitations on other properties in the vicinity; 7. Granting the variance would not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 8. The modifications to the setbacks/building envelope keep the property improvements in compliance with other improvements in the vicinity; and 9. The Application complies with the stated purposes of the Development Code, including innovation of building design and the reduction of greenhouse gases. Conditions 1. Maximum Building footprint, including garage, of 3,000 square feet will be confirmed by survey. 2. Maximum impervious surface requirement of 50% will be confirmed by survey. Optional Findings for Denial: Findings 1. The development application is complete; 2. The development application provides enough information for PZC to determine if the application complies with the relevant review criteria; 3. The application was reviewed in accordance with the procedures and criteria outlined in Code Section 7.16.110; 4. The PZC held a public hearing on June 4, 2019, after providing necessary public notification in accordance with the Code; 5. The Review Criteria in Code Section 7.16.110(c) were reviewed and substantial compliance with the criteria was not demonstrated by the application materials; 6. The granting of the variance would constitute a grant of special privilege inconsistent with the setback limitations on other properties in the Beaver Creek Point PUD and surrounding community; 7. Granting the variance would be minimally detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 8. The enforcement of the setback/building envelope regulation would not result in practical difficulties inconsistent with the Development Code; and 9. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in vicinity. Attachments: A. Application B. Written Comments Attachment 2 $500 Deposit VAR19001 M. PIELSTICKER Attachment 2 Narrative On August 21, 2018 an Avon Planning and Zoning Committee finding stated “the design of the storage addition and deck relates the development to the character of the surrounding community which is composed of steep gabled roof forms with shake shingles….” and approved phases 1 and 2 of our 3 phase solar project to be built entirely within our PUD building envelope approved in 1999. Phase 1 is a deck; phase 2 is a garage‐like storage area under the deck and phase 3 is a rake style roof with solar panels attached to the roofing structure. After appealing the PZC’s rejection of phase 3 to the Avon Town Council, it was ruled that we could reapply with a gable roof design supporting the solar panels. When the roof was redesigned entirely within the approved building envelope, it would only accommodate a lot smaller solar system that would not be cost effective. Therefore, our new application is for a variance to build about 6 feet further to the south and about 6 feet to further to the east. If the variance is granted, the gable roof structure will support about 25 solar panels that would provide most of the electrical energy requirements for the house and two electric vehicles. It also makes phases 1 and 2 more useable. This is the best design of many alternatives that were examined. The proposed variance will allow for a smaller gable roof structure than other alternatives examined and is the design that best harmonizes with the existing roof lines in the PUD. When completed it will look like original construction. From the street passers by will see only the narrow edge of the new roof. This profile is much less intrusive than roof mounted panels facing the street and scattered on the existing roof that has 9 dormers. Aspen and pine trees in the yard of our Attachment 2 neighbor to the southwest (2019 Beaver Creek Pt.) will obscure his view of the roof as well as that of people driving north on Beaver Creek Point. If this variance is approved, 2019 Beaver Creek Pt. will still be more than 50’ away from 2011 Beaver Creek Pt. Other homes in the PUD are about 20’ apart. As is typical in any residential development, each of the five single family homes in the PUD has views of neighbors’ roofs and decks. Our roof is not adding an alien or foreign element to the PUD. Upon completion with the variance, the structure would still be nearly within the normal Wildridge and PUD setbacks of 10’ for side and back yards. Our annual electrical consumption is approximately 13,500kWh. The proposed variance supports a 25 panel solar array that will offset our electrical usage for both our home and our two electric vehicles. This 9 kWh system using 360 KW panels might get us to our goal of net zero energy use and is the most productive however using 300 kWh panels may be more cost effective. It is not an option to mount a solar array in our back yard because it faces the Beaver Creek Point street. Avon does not permit ground mounted solar installations to face the street. It is also not a viable option to mount solar panels on our existing 19 year old flammable shake roof. It would be problematic to keep the roof water tight with the required penetrations and the nine dormers that break up the roof to the extent that a large, neat installation is impossible. All the dormers also make the roof subject to snow buildup that will not self‐shed snow during the winter that could easily render many panels ineffective a large part of the time. Snow will self‐shed off the proposed gable roof and on to our property. Attachment 2 Dormers, roof vents and the Fire Department’s requirement for 3’ of clearance around solar panels installed over occupied space combine to limit the number of panels that can actually be installed on the existing roof. Roger Day of Roger J. Day & Associates has concluded that only 12 panels are feasible on the existing roof. This is more than 50% less output than the proposed variance design. If an existng roof installation was required, it would add considerable cost to this project because it would only be feasible if the roof was first replaced before installing the panels. According to Sunlight Roofing Inc., we would have to spend between $26K and $58K to replace an existing roof that may last another 10 years if untouched. Sunlight Roofing also ‘does not advise that solar panels be installed over existing roofing, best service performance of solar systems are calculated when installed over new roof coverings.’ Active Energies Solar and Sunsense Solar representatives also advised us against installing the solar array on the existing roof. Furthermore, replacing the roof would further delay the project while our uncooperative HOA approved a new roofing material. That process would most likely go beyond the end of the year and the solar credits currently available would be lost. They are scheduled to expire at the end of 2019. Our variance design will result in a very straightforward, simple solar installation that both mimics the existing architecture and is innovative at the same time. It will allow us to reduce our carbon footprint and do our part to combat climate change. Pages of prior applications for solar installations in Avon and in the Wildridge neighborhood are included with this application as evidence and precedent that other solar installations have applied for and received approval for Attachment 2 variances in order to enable solar installations that address specific site conditions and circumstances. Attachment 2 Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an application for a variance: (1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; Minor relief from the regulation is required in order to fulfill the objectives of the solar project to generate sufficient power to meet the home’s electrical needs as well as power 2 electric vehicles. The big goal is for the home and owners to reduce reliance on fossil fuels and adopt a more sustainable lifestyle that can serve as an example and precedent for other Avon community members to follow. The degree of relief being sought consists of a minor encroachment into the setbacks of the lot that will have minimal impact to neighbors and public property. A new gable roof is proposed to accommodate solar panels to meet the owners’ electricity needs. In order to make the installation viable, the proposed roof encroaches into the setbacks by about 6ft to the east and 6ft to the south. The existing 19 year old flammable shake roof with nine dormers and numerous roof vents does not have enough non shaded roof space that does not collect wind drifted snow to install the number of solar voltaic collectors needed to offset the number of Kilowatts required for the home’s electrical needs and the charging of two electric vehicles. This, plus the Fire Department’s 3’ clearance requirement for solar panels located over occupied space, limits the number of potential roof panels to 12. This amount is less than half of the 25 that can be accommodated on the proposed gable roof enabled by the minor Attachment 2 encroachment proposed. Twelve panels only offset 40%** of the homeowners’ annual electrical usage and render the installation non viable. Every consultant, engineer and installer that has been involved in the project has recommended against installing solar voltaic panels on the existing roof due to the limitations. Besides the fact that not enough panels can be installed to make the project cost effective, the existing roof would be problematic to keep watertight. The electrical conduit running between the numerous, small arrays would not be attractive. The new roof will also protect occupants on the approved deck from the sun’s cancerous rays and other elements. Also very importantly, the gable roof design harmonizes with the existing architecture in the PUD and of the existing home. The proposed gable roof has been specifically designed so the project will achieve compatibility and uniformity with the existing architecture of the home and other homes in the neighborhood. It will look like original construction and less like an add-on than some other solar installations in Wildridge (pedestals on flat roofs, large visible ground mounted systems, etc.). The solar roof is just another roof…. composed of a non-typical material. The roof is non-reflective and not an obtrusive or foreign element in the PUD or neighborhood. The 25- panel array that the variance contemplates will supply most of the electrical requirements for the homeowners’ home and two electrical cars, if more productive but less cost effective 360 KW panels are used. If 300 KW panels are used it is more cost effective and will produce 80% of the KW used by the home and electric cars. **Energy use calculations do not take into consideration the amount of shading or snow build-up both of which have negative impacts on the solar output of panels installed on the existing roof. Attachment 2 (2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; The proposed minor variance to build outside the approved building envelope would have zero effect on any of the above listed items. The small variance of about 6’ to the east and 6’ to the south would still be nearly within normal Wildridge setbacks of 10 feet for side and back yards. If approved, the variance still provides more than 50 feet of space between the applicants’ house and the house to the southwest. Homes in the PUD are about 20 feet apart. Arguably, in the broader context of the neighborhood and the community, the project will reduce impacts to the environment given a reduced reliance on fossil fuels. These merits should be considered in the evaluation of the variance request since they are the basis for the proposed gable roof and the overarching purpose of the proposal. (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. From a functional, cost effective and aesthetic perspective, the small variance is the best option for the property. With the proposed gable roof, the solar array would be barely visible from the street. The narrow edge of the gable roof facing the street is less visually obtrusive than other solar installations found in Avon including street facing roof mounted panels, very visible ground mounted solar arrays or panels mounted on pedestals on flat roofs. The 25-panel array on the proposed gable roof would provide the necessary power output for the property owners’ needs and would be in one concentrated location vs multiple Attachment 2 existing roof locations with lots of exposed electrical conduit connecting numerous solar arrays and disrupting the continuity of the existing roof of the home. Snow will not shed from panels installed on the existing roof creating a major limitation and safety concern whereas snow will self-shed onto the property owners’ own land if the variance is granted. The proposal has been very carefully studied and devised to minimize impacts to other neighbors and adjacent lots while maximizing the opportunity to generate solar power for greater reliance on renewable energy at this home. It is the applicants’ hope that given the careful consideration and sensitive manner in which the revised proposal has been elaborated and the nature of the proposal to adopt solar panels and renewable energy, the Planning and Zoning Committee will carefully consider the minor setback encroachments that are the basis of the variance request. It will take numerous small steps like this proposed variance to accommodate a cost effective solar project to meet the new Climate Action goals proposed and passed in the last legislative session to achieve 90% reduction in carbon by 2050. Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 ADDRESS LIST 2300 Beaver Creek Point Laurie Baker PO BOX 6274 AVON, CO 81620-6274 2300 Saddle Ridge Loop Mickey & Debra Brethower Family Trust 510 Cimarron Hills Trl W Georgetown, TX 78628-6944 2100 Saddle Ridge Loop 2200 Saddle Ridge Loop Nancy and Randy Williams 6557 Kirby Forest CV Memohis, TN 38119-6629 2185 Saddle Ridge Loop Matthew Asmus 8707 Crescent Gate Lane Houston, TX 77024-7029 2190A Saddle Ridge Loop Ziegler Real Estate INC C/O Chad Ziegler PO Box 6272 Vail, CO 81658-6272 2190B Saddle Ridge Loop Brittany Benish PO Box 3009 81620-3009 2170A Saddle Ridge Loop Michael & Karen Weiss 4860 Griffen Blvd Fort Myers, FL 33908-2016 2170B Saddle Ridge Loop Jacob Brege PO Box 1752 Avon, CO 81620-1752 Attachment 2 2170C Saddle Ridge Loop Michael Dalton Declaration of Trust 1205 Arrowhead Drive Bubuque, IA 52003-8595 2170D Saddle Ridge Loop Syeve Rosiek 4819 Meandering Way Colleyville, TX 76034-4521 2170E Saddle Ridge Loop Young Properties LLC C/O Mountain Stream Management PO Box 2636 Vail, CO 81658-2636 2177 Saddle Ridge Loop LLC PO Box 741 Avon, CO 81620-0741 2110A Long Spur Narry Bennett & Linda Billera 1409 Pine View Place Golden, CO 80401-9272 2110B Long Spur Thomas & Annette Noonan 15610 Logarto Lane Burnsville MN 55306-5135 2111A Long Spur David Slick PO Box 1706 Avon, CO 81620-1706 2013 Beaver Creek Point Hugh A. Joyce & Temple Joyce 16463 West Crescent Lane Montpelier, VA 23192 Attachment 2 2011 Beaver Creek Point Tom Ruemmler & Judy Douglas Box 2726 Avon, CO 81620 2003 Beaver Creek Point Paul Nowak Laurie Nowak 2606 S. Milwaukee Street Denver, CO 80210 2001 Beaver Creek Point David Scherpf & Mary Ann Scherpf P.O. Box 8789 Avon, CO. 81620 2019 Beaver Creek Point Lisa and Doug Currey PO Box 8219 Avon, CO 81620 Attachment 2 Attachment 2 Attachment 2 FILE #VAR19001 – SUPPLEMENTAL INFORMATION •2190B SADDLERIDGE LOOP 2015 GROUND SOLAR PANEL APPROVAL - portions of application •2190B SADDLERIDGE LOOP 2017 ROOF SOLAR PANEL APPROVAL - portions of application •2807 SHEPHERD RIDGE VARIANCE - portions of application •5588 COYOTE RIDGE 2010 GROUND MOUNTED SOLAR HOT WATER APPROVAL - portions of application Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Town P&Z officials I am Hugh Joyce the President of the 2001 Beaver Creek Point HOA and I would like to respectfully state to you the the proposal for consideration on June 4 has been denied by all other homeowners for the same reasons the last proposal was denied. We have given Malhide several options for his solar panels at this time that can be approved and will provide him with an outstanding solution. Thank you, Hugh Joyce. Hugh Joyce James River Air Conditioning Co. 804.305.9595 - cell Have a Supercalifragilisticexpialidocious day! Attachment 2 SUPPLEMENTAL INFORMATION PROVIDED BY THE APPLICANT ON 5/31/19 FROM PREVIOUS LAND USE APPLICATION (#MNR18014) • COUNTY SURVEYOR – JULY 23, 2018 • HEATHER LEMON – AUGUST 20,2018 • RICH CLUBINE – UNDATED • CRISTIAN BASSO – AUGUST 20, 2018 • GAIL BAKER – JULY 30, 2018 • DAVID MCWILLIAMS – MARCH 12, 2018 • JAMES M. RITCHEY – MARCH 28, 2019 • EMILY HORSTMANN – JUNE 4, 2018 & JUNE 5, 2018 • EMILY HORSTMANN – JUNE 5, 2018 • ISAAC THOMPSON – JUNE 4, 2018 Attachment 2 Attachment 2 Attachment 2 2011 Beaver Creek Point Solar Project Rich Clubine cmcwilliams@avon.org David, Please see the email below that we discussed this morning concerning the Ruemmler Solar project in Wildridge. To whom it may concern, I am the owner of a local company that designs and installs solar voltaic systems in the Vail Valley area. I currently live in a house that has a large solar system. I drive an electric/gas Chevy Volt that is powered by my solar system. I built my personal solar array to offset all of my electrical usage, including the electric vehicle. I have spoken with Mr. Ruemmler on numerous occasions, and have provided guidance as to how large a solar array he will need to offset his home. He is very knowledgeable on energy efficiency and solar energy. He currently drives an electric car that he would like to be powered by solar energy if the Planning and Zoning Commission approves his solar application. When designing solar arrays, many factors including fire codes, building codes, orientation, available roof space, existing roofing materials and the expected remaining life of the roof should be considered. Upon examining all these factors, I would advise against installing the solar array on his existing house as there is not enough suitable space, and penetrations required to install solar could likely compromise the waterproof integrity of the older wood shingles. It would be even more advantageous to increase the size of the system beyond the 21 panels he is suggesting, if there was the available space to do so. The solar array he envisions does not face the street and will not have a prominent presence from the street. Solar panels have a non-reflective coating, so they should not cause any visual nuisance to his neighbors. I believe that Mr. Ruemmler’s creative solar design at the southern end of his house would allow him to achieve his goals, and meets the required codes and standards applicable to solar installations. I’m hoping the planning commission will take into account the unique and creative solution that Mr. Ruemmler is proposing to enable him to “go green”. Hopefully, through an advisory and consultative process between Mr. Ruemmler, professionals like myself, and the Town, his project can be approved. I personally recommend allowing him to install solar, without being forced to use the less-than ideal roof on his home. Sincerely, Richard Clubine Owner, Active Energies Solar Richard Clubine Attachment 2 Ruemmler Residence Cristian Basso David, I am an independent solar consultant for Sunsense Solar who has installed numerous solar photovoltaic systems in Eagle and Pitkin Counties. I examined Mr. Ruemmler’s home located at 2011 Beaver Creek Point in Avon, Colorado and discussed solar options with him. Due to the numerous dormers, roof vents, the older shake roof and numerous tall trees on the west side of the home there is not adequate non-shaded roof area to install a system on his roof. I would recommend against installing a solar system on his existing roof based on lack of space and the new fire code offsets that decrease the amount of space available for installation. The design of a 21 panel solar array at the southern end of his house is the best location given the circumstances. An alternative option would be available to the Rumbler's if the Town of Avon allows a variance to build beyond his allowable building envelope. Since the home located at 2019 Beaver Creek Point (the Currey residence) is some distance away and has a very wide private road in between the solar array and itself and is located more west of Mr. Ruemmler’s home, allowing a variance to build outside the current allowable building envelope is something the Planning and Zoning Commission should seriously consider. This could reduce the amount of the cantilever over the existing roof and potentially allow for more solar panels with greater electrical output. The proposed solar array does not face the street. When driving north on the Beaver Creek Point road, the solar array is hidden behind trees located at 2019 Beaver Creek Point. The same trees block the view of the solar array from the great room area and deck outside the great room area at 2019 Beaver Creek Point. While driving south on Beaver Creek Point road, the solar system is blocked from view by a different group of trees and by the existing house itself. Every home owner has the right to install a solar PV system as it relates to their relative site. No solar PV systems shall be denied based on subjective aesthetic opinions. It appears from staff’s report that the main objection is an opinion on the solar array’s appearance. Thank you for your consideration. Cristian Basso Solar Consultant Sunsense Solar Attachment 2 From: Cristian Basso Sent: Monday, August 20, 2018 11:27 AM To: David McWilliams Subject: RE: 2011 Beaver Creek Point Development Application Hi David, Thanks for forwarding this email. I just wanted to clarify that 2011 Beaver Creek Point's proposed solar project is not a ground mount system. Our design team at Sunsense Solar, Inc., which includes an on staff structural engineer, will be able to address the Town of Avon's concerns. We look forward to working with you to provide our client and the Town with any necessary information regarding this project. Let me know if you have any questions regarding this project or installing solar PV in general. Cheers! Cristian Basso Solar Consultant Sunsense Solar 1629 Dolores Way, Suite E Carbondale, CO 81623 970.963.1420 (O) 970.376.2977 (C) www.SunsenseSolar.com Attachment 2 Attachment 2 From: David McWilliams <cmcwilliams@avon.org> Sent: Monday, March 12, 2018 3:31 PM To: Tom Ruemmler Cc: William Gray Subject: Solar Panel HOA Approval Good afternoon Tom, We ask for an approval letter from the HOA not on aesthetic grounds (which you rightly point out is not allowed) but to avoid timing / maintenance issues. For example, suppose a homeowner was unaware of the HOA wanting a new roof on shared property and built some panels without first asking. A simple email will do, along with the supporting site drawings, Planning documents, and a $75 development application fee. Again, town is not judging this on aesthetic grounds, we are merely checking that the regulations in place for solar panels are being met. Best, David McWilliams Town Planner Town of Avon 970.748.4023 www.avon.org Attachment 2 Attachment 2 Attachment 2 1 Matt Pielsticker Subject:FW: Solar Installation From: Tom Ruemmler < Sent: Friday, May 31, 2019 12:17 PM To: Matt Pielsticker <mpielsticker@avon.org>; pedroc@zehren.com Subject: Fw: Solar Installation Isaac Thompson email of support Sent from Outlook From: Isaac Thompson Sent: Monday, June 4, 2018 7:52 PM To: cmcwilliams@avon.org Subject: Solar Installation Good evening, I am a project engineer for Haselden currently overseeing $5M of construction at the Red Canyon High School. My family and I live in Vail. We are proponents of climate control and the development of alternative sources of green energy in hopes of preserving the wonderful environment we live in today for our children in the future. Tom Ruemmler is trying to do his small part to combat global warming by installing a solar array at his home in Beaver Creek Point that will help him achieve his goal of becoming carbon neutral. He already owns two electric cars and a net zero energy use home in California. Tom was a pioneer in the solar business in California and continues to this day to strive for the greatest level of efficiency in his personal energy use. To that end, I believe that you should approve his proposal for the solar array on his Avon home. I have seen the plans. The structure will be built to commercial standards yet remain in step with the architecture of the surrounding homes. The design is practical, functional, cost effective and will be visually less offensive than many of the other solar installations in Wildridge. Federal, state and local governments strongly support the use of alternative energy solutions, and Avon itself has a goal of 100% sustainability by the year 2030. Tom's project will be his contribution to attaining those goals. Thank you. ‐‐ Isaac Thompson Virus-free. www.avg.com Attachment 2 1 Matt Pielsticker Subject:FW: Ruemmler solar array From: Tom Ruemmler Sent: Friday, May 31, 2019 12:15 PM To: Matt Pielsticker <mpielsticker@avon.org>; pedroc@zehren.com Subject: Fw: Ruemmler solar array Emily second email Sent from Outlook ________________________________________ From: Emily Horstmann Sent: Tuesday, June 5, 2018 7:53 AM To: David McWilliams Subject: Re: Ruemmler solar array Great! Regardless of public voting records on the cause of climate change I’m fairly certain both senators in colorado value the environment and it’s preservation—not only for its natural beauty but also its invaluable link to the tourism industry...an industry that is directly linked to the valleys revenue. I can’t imagine a scenario where efforts toward ensuring a healthy mountain landscape and ski culture wouldn’t benefit everyone! All the very best, Emily Sent from my iPhone > On Jun 5, 2018, at 8:39 AM, David McWilliams <cmcwilliams@avon.org> wrote: > > Thanks for your public comment. They will be delivered to the Planning and Zoning Commission at the start of the meeting this evening. > > > David McWilliams > Town Planner > Town of Avon > 970.748.4023 > www.avon.org > > > ‐‐‐‐‐Original Message‐‐‐‐‐ Attachment 2 2 > From: Emily Horstmann > Sent: Monday, June 04, 2018 9:21 PM > To: David McWilliams <cmcwilliams@avon.org> > Subject: Ruemmler solar array > > Mr. McWilliams > > My husband and I recently relocated to the Vail valley. We have a two year old daughter and a five month old daughter. We are currently renting a condo from Tom Ruemmler in Vail. My husband's job enabled our relocation; however, the key factor for our move from the east coast to Colorado one year ago, and then from Denver to Vail a few months ago, is our love for mountains and the lifestyle that a mountain town has to offer year round. Our concern is that our children will not grow up how we envisioned due to climate change. We need to heighten our focus on environmental perseveration now in order to secure for tomorrow any semblance of the mountain life that brought us to Colorado. > > Tom is working to make the type of critical changes we would love to see everyone take to preserve Vail, not just talking about it. He is attempting to minimize his carbon footprint through the installation of a solar array that will virtually eliminate his electrical consumption, including the 'fueling' of his electric car. I believe this is an honorable objective. Mr. Ruemmler has years of experience in the solar business and has used all of his experience and expertise to design the solar array submitted for approval. Its design and finishes mimic the architecture of the Beaver Creek Point PUD. The array will only be visible from the road if you are specifically looking for it. Ultimately, anything that we can do to contain the decline of our environment takes absolute precedence. I hope you approve Mr. Ruemmler's project. Every step taken in this direction helps secure a future environment for my children that will not be hostile or dangerous to their health. > > Thank you. > > Emily Horstmann Virus-free. www.avg.com Attachment 2 PROOF OF PUBLICATION Ad #: 0000428072-02 Customer: TOWN OF AVON LEGALS, Your account number is: 1003066 COUNTY OF EAGLE STATE OF COLORADO VAIL DAILY The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 5/24/2019 and that the last publication of said notice was dated 5/24/2019 in the issue of said newspaper. I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. In witness whereof, I have here unto set my hand this day, 5/24/2019. Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 5/24/2019. Mark Wurzer, Publisher Jerilynn Medina, Notary Public August 3, 2020My Commission Expires: Attachment 2 1 MEMORANDUM To: Honorable Mayor Smith Hymes and Town Council members From: Paul Wisor, Town Attorney Re: Malahide, LLC Appeal – Case # VAR19001 Date: August 13, 2019 I. Summary Avon Town Council (the “Council”) is required to conduct a public hearing to approve and adopt Findings of Fact and Record of Decision for the appeal from the Avon Planning and Zoning Commission’s (the “PZC”) denial of a variance application filed by Malahide, LLC, a Colorado limited liability company (the “Applicant”). This memorandum provides guidance to the Council with respect to legal considerations associated with potential actions the Council may take on the appeal. Draft versions of the Findings of Fact and Record of Decision are also presented for Council’s consideration, which drafts are attached hereto as Exhibit A. The findings and draft decision can be modified and revised as the Council deems appropriate. The two options available to the Council, along with accompanying motions, are described as follows: 1. Approve the appeal, thereby allowing the installation of the building improvements beyond the boundaries of the building envelope as sought by the Applicant. “I move to approve the Applicant’s appeal, thereby reversing the decision of the Avon Planning and Zoning Commission with respect to the variance application and thereby approving the installation of the solar energy system beyond the boundaries of the building envelope and adopt the proposed Findings of Fact and Record of Decision.” 2. Deny the appeal based on the findings the building improvements do not meet the requirements for a variance under the Avon Municipal Code (the “Code”). “I move to deny the Malahide, LLC appeal thereby denying the application for a variance and adopt the proposed Findings of Fact and Record of Decision.” II. Background On April 14, 2019 the Applicant, as relevant here, submitted an application for a variance from the current building envelope applicable to the Applicant’s property, known as Lot 111C, Block 1 (the “Property”) located within the Beaver Creek Point PUD (the “PUD”), for the purpose of installing a certain improvements, including a “garage-like” storage addition, rooftop deck, and roof with solar panels (collectively, the “Improvements”). The Applicant sought the variance in order accommodate the Improvements necessary to meet the energy needs of the Applicant’s Property and two motor vehicles. Pursuant to Section 7.16.110 of the Code, on June 4, 2019, the PZC conducted a public hearing on the Applicant’s variance request. Taking into consideration the criteria set forth in Attachment 3 2 Section 7.16.110(c) of the Code, which provisions are set forth below, the PZC denied the variance. Specifically, the PZC found: 1. The granting of the variance would constitute a grant of special privilege inconsistent with the setback limitations on the other properties in the PUD and surrounding community; 2. The granting of the variance would be minimally detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; 3. The enforcement of the building envelope regulation would not result in practical difficulties inconsistent with the Code; and 4. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity. The Applicant then timely appealed the PZC’s decision on June 28, 2019 pursuant to Section 7.16.170(a) of the Code. III. Relevant Code Provisions Pursuant to Section 7.16.170(c) of the Code, the Council’s review of the appeal is made on a de novo basis. As such, the Council is to review the Applicant’s appeal without giving deference to the PZC’s findings or conclusions. As noted above, the Property is located within the PUD. The PUD Guide’s Development Notes state “any issue not addressed by the PUD approval granted hereby shall be governed by the Town of Avon Zoning Code.” The PUD Guide provides no direction with respect to granting relief to a property owner from the building envelopes established with the PUD. As such, the Council must look to the Code to determine whether a variance is appropriate under the present facts. Section 7.16.110 of the Code establishes, as a general matter, variances are provided in order to diminish the practical difficulties and unnecessary physical hardships that are inconsistent with the objectives of the Code were the provisions of the Code strictly enforced. Section 7.16.110(a) of the Code further provides a “practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity.” However, the Code makes clear “cost or inconvenience to the Applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance.” In reviewing the Applicant’s appeal, the Council is to consider the following criteria as the basis for a decision on an application for a variance: 1. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Code without grant of special privilege; Attachment 3 3 2. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; 3. Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance. Although the Council is directed to use the criteria above as the basis for its decision when considering a variance request, were the Council to grant the variance Section 1.16.110(d) provides Council must make the findings set forth below. 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; 2. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and; 3. That the variance is warranted for one (1) or more of the following reasons: a. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Code; b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. If the Council is unable to affirmatively find the Applicant has fulfilled requirements #1 and #2 above as well as one of the three components of requirement #3, it may not approve the variance. It should also be noted the Town Council has established a variety of goals to be obtained through application of the Code in an effort to enhance the Avon community. Among these goals, as articulated in Section 7.04.03(m) of the Code, is the desire to “achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability.” IV. State Law Provisions The Applicant contends denial of the variance violates state statute and Colorado’s Climate Action Plan. The specific, and only, statute cited by the applicant is §38-30-168, C.R.S., which is found within the Real Property section of the Colorado Revised Statutes, and clearly intended to address instruments used in the conveyance of real estate. In no way is the statute intended to impact municipal zoning. As relevant here, the statute provides a restriction or condition “in any deed, contract, security instrument, or other instrument Attachment 3 4 affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.” A building envelope found within a PUD does not constitute a restriction within a deed, contract, security instrument or other instrument impacting the transfer or sale or real property. By its plain meaning, the statute is inapplicable. Even if a PUD were to fall within the meaning of “other instrument,” all building envelopes within the State of Colorado could be construed as unenforceable, which is clearly not the intent of the statute. As such, the Council should not take §38-30-168, C.R.S. into consideration when rendering its decision. V. Town Council Considerations Given the statutory framework provided above, the Council would have a legal basis for either approving or denying the appeal. Of course, the rationale for either decision would be different. The Council must ultimately weigh some of the broader goals articulated in the Code against the plain language of the variance provisions. In approving the appeal, the Council should likely focus on the language of Section 7.04.03(m) of the Code, which emphasizes the needs to implement building approaches that reduced energy consumption and attain sustainability. Though achieved on an individual basis, Applicant’s Improvements would certainly fulfill these broader objectives. The Council should consider that Applicant is seeking to fulfill these objectives in the context of the Beaver Creek Point PUD that was designed and approved prior and without consideration to the widespread use of solar energy devices. As such, the developer and the Council at the time did not consider the impact the design of the lots within the Beaver Creek Point PUD would have on the property owners’ ability to install the Improvements. In addition, the Town Council has previously granted variances within Wildridge, though not within the Beaver Creek Point PUD, to other property owners who have sought to install similar solar energy devices. In denying the appeal, the Council should narrowly focus on the specific language of Section 7.16.110 of the Code, which addresses variances. The Applicant likely does not meet the criteria set forth in Section 7.16.110 as the variance would constitute a special privilege granted to the Applicant. All of the lots within the Beaver Creek Point PUD are subject to the same twenty five foot building envelope. As a result, all five property owners in Beaver Creek Point PUD are similarly restricted in terms of the any improvement, solar related or otherwise, it may construct on their property. Similarly, the building envelope size likely does not constitute and exceptional or extraordinary condition unique to the property as the building envelope is applicable to all lots within the Beaver Creek Point PUD. It is unlikely practical difficulties or unnecessary physical hardship is present with the Property, and the mere increased costs of other alternatives are not a basis to relieve any hardship. Finally, the overall policy goal of promoting renewable energy can still be achieved at the Property as the Applicant can, and has approval for, installation of a solar energy system within the building envelope. There are also other policy goals within the Code that may be inhibited by the installation of the Improvements, including, but not limited to, 1) establishing standards to which buildings or structures shall conform; 2) conserving the value of the investments of the people of the Avon community; 3) preserving scenic views; and 4) preserving property values. Attachment 3 Exhibit A AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION MALAHIDE LLC APPEAL OF PLANNING AND ZONING COMMISSION DECISION FOR LOT 111C, BLOCK 1, WILDRIDGE, AVON, COLORADO ___________________________________________________________ DATE OF DECISION: August 13, 2019 APPLICATION TYPE: Appeal of Variance FILE NUMBER: VAR19001 PROPERTY LOCATION: Lot 111C, Block 1, Wildridge, Avon, Colorado APPELLANT/APPLICANT/OWNER: Malahide LLC __________________________________________________________________________________ FINDINGS: 1. The property is part of Lot 111, Block 1, Wildridge Subdivision; a PUD Amendment was approved by the Avon Town Council by [Ordinance No., 99-8] to create the Beaver Creek Point PUD (the “PUD”), attached hereto as Exhibit A. 2. The PUD Guide, attached hereto as Exhibit B, establishes unique development and design standards for the development of five single family homes and common landscaping. 3. Lot 111, Block 1, Wildridge was resubdivided into five single family properties pursuant to the PUD Guide; the subdivision created a common access and maintenance easement for driveway construction as well as individual building envelopes. 4. The PUD Guide’s Development Notes state “any issue not addressed by the PUD approval granted hereby shall be governed by the Town of Avon Zoning Code.” 5. The Town of Avon Development Code, Title 7 of the Avon Municipal Code (the “Code”), is the governing zoning code for the Town. 6. According to Section 7.16.110 of the Code, a variances from certain regulations may be granted in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Code as would result from strict or literal interpretation and enforcement. 7. A variance application, attached hereto as Exhibit C, was submitted by Malahide, LLC, owners of record for Lot 111C, Block 1, Wildridge Subdivision, for installation of solar related improvements. 8. Staff referred the application to the Planning and Zoning Commission (the “PZC”) for a decision as provided by Section 7.16.110(a) of the Code. 9. On June 4, 2019, the PZC conducted a public hearing to review the Applicant’s variance request based on conflicts with the standards set forth in the Code, Attachment 3 specifically: a. The granting of the variance would constitute a grant of special privilege inconsistent with the setback limitations on the other properties in the PUD and surrounding community; b. The granting of the variance would be minimally detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; c. The enforcement of the building envelope regulation would not result in practical difficulties inconsistent with the Code; and d. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity. 10. The Applicant submitted a timely appeal pursuant to Section 7.16.160 of the Code. The Avon Town Council (the “Council”) conducts a de novo review of the original Malahide LLC application. This appeal is limited to review of the PZC’s denial of the installation of the solar related improvements. The Council has considered all materials submitted by the Applicant, materials submitted by Town staff, and materials submitted by the public, in addition to relevant portions of the Code and PUD in determining the findings of fact. 11. The Council does not adopt the findings of the Planning and Zoning Commission as described in Paragraph 9 above and makes the following substitute findings: a. A variance is not needed to achieve compatibility and uniformity of treatment within the PUD or surrounding sites. However, a variance is necessary to attain the objectives of the Code. Section 7.04.03(m) of the Code provides a goal of the Code is to “achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability,” and the variance would fulfill this objective; b. The requested variance will have negligible impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; c. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties within the vicinity as other properties have installed similar solar energy systems; d. The granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and e. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Code, in particular the objectives set forth Attachment 3 in Section 7.04.03(m) of the Code. 12. DECISION: Based upon the Findings of Fact, the Council hereby APPROVES the Applicant’s Appeal, thereby reversing the decision of the Avon Planning and Zoning Commission with regard to the installation of the building improvements beyond the boundaries of the relevant building envelope. APPROVED BY MOTION on August 13, 2019. AVON TOWN COUNCIL By:_______________________ Sarah Smith Hymes Attest: _________________________ Brenda Torres, Town Clerk Attachment 3 AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION MALAHIDE LLC APPEAL OF PLANNING AND ZONING COMMISSION DECISION FOR LOT 111C, BLOCK 1, WILDRIDGE, AVON, COLORADO ___________________________________________________________ DATE OF DECISION: August 13, 2019 APPLICATION TYPE: Appeal of Variance FILE NUMBER: VAR19001 PROPERTY LOCATION: Lot 111C, Block 1, Wildridge, Avon, Colorado APPELLANT/APPLICANT/OWNER: Malahide LLC ________________________________________________________________ __________________ FINDINGS: 1. The property is part of Lot 111, Block 1, Wildridge Subdivision; a PUD Amendment was approved by the Avon Town Council by [Ordinance No., 99-8] to create the Beaver Creek Point PUD (the “PUD”), attached hereto as Exhibit A. 2. The PUD Guide, attached hereto as Exhibit B, establishes unique development and design standards for the development of five single family homes and common landscaping. 3. Lot 111, Block 1, Wildridge was resubdivided into five single family properties pursuant to the PUD Guide; the subdivision created a common access and maintenance easement for driveway construction as well as individual building envelopes. 4. The PUD Guide’s Development Notes state “any issue not addressed by the PUD approval granted hereby shall be governed by the Town of Avon Zoning Code.” 5. The Town of Avon Development Code, Title 7 of the Avon Municipal Code (the “Code”), is the governing zoning code for the Town. 6. According to Section 7.16.110 of the Code, a variances from certain regulations may be granted in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Code as would result from strict or literal interpretation and enforcement. 7. A variance application, attached hereto as Exhibit C, was submitted by Malahide, LLC, owners of record for Lot 111C, Block 1, Wildridge Subdivision, for installation of solar related improvements. 8. Staff referred the application to the Planning and Zoning Commission (the “PZC”) for a decision as provided by Section 7.16.110(a) of the Code. 9. On June 4, 2019, the PZC conducted a public hearing to review the Applicant’s variance request based on conflicts with the standards set forth in the Code, specifically: a. The granting of the variance would constitute a grant of special privilege Attachment 3 inconsistent with the setback limitations on the other properties in the PUD and surrounding community; b. The granting of the variance would be minimally detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; c. The enforcement of the building envelope regulation would not result in practical difficulties inconsistent with the Code; and d. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity. 10. The Applicant submitted a timely appeal pursuant to Section 7.16.160 of the Code. The Avon Town Council (the “Council”) conducts a de novo review of the original Malahide LLC application. This appeal is limited to review of the PZC’s denial of the installation of the solar related improvements. The Council has considered all materials submitted by the Applicant, materials submitted by Town staff, and materials submitted by the public, in addition to relevant portions of the Code and PUD in determining the findings of fact. 11. The Council does not adopt the findings of the Planning and Zoning Commission as described in Paragraph 9 above and makes the following substitute findings: a. The variance is not necessary to achieve relief from the provisions of the PUD in order to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Code without grant of special privilege. Each lot within the PUD is nearly the same size, and enlarging the applicant’s building envelope is not necessary to achieve compatibility with other building envelopes within the PUD. Other objectives of the Code may be harmed by granting the variance, including 1) establishing standards to which buildings or structures shall conform; 2) conserving the value of the investments of the people of the Avon community; 3) preserving scenic views; and 4) preserving property values; b. The variance will have minimal impact on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; c. Granting the variance will constitute a special privilege to the Applicant inconsistent with the limitations on other properties within the PUD. The other property owners within the PUD are restricted to their respective building envelopes, no matter what improvements they may want to build or install, and the Applicant’s desire to install specific solar improvements beyond the boundaries of its building envelope is not a reasonable basis upon which to grant a variance; d. The granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the Attachment 3 vicinity; e. The strict, literal interpretation and enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Code. The Applicant’s own material indicates other approaches to installation of a solar energy system are available to the Applicant. Cost or inconvenience to the Applicant of strict or literal compliance with a regulation does not provide grounds for granting a variance. f. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. The building envelope size is nearly identical to the other building envelopes within the PUD. g. The strict or literal interpretation and enforcement of the specified regulation would deprive the Applicant of privileges enjoyed by the owners of other properties in the same zone district. No showing has been made that enforcement of the building envelope would deprive the Applicant of privileges enjoyed by other properties within the PUD. The Applicant has the ability to install solar improvements within the building envelope, but nothing in the Code provides the Applicant the right to install as many solar energy devices on its property as it desires. 12. DECISION: Based upon the Findings of Fact, the Council hereby DENIES the Applicant’s appeal, thereby denying the installation of the building improvements beyond the boundaries of the relevant building envelope. APPROVED BY MOTION on August 13, 2019. AVON TOWN COUNCIL AVON TOWN COUNCIL By:_______________________ Sarah Smith Hymes Attest: _________________________ Brenda Torres, Town Clerk Attachment 3 Attachment 3 Page 1 of 9 PHOTOS PROVIDED BY APPLICANT FOR PACKET Attachment 4 Page 2 of 9 Attachment 4 Page 3 of 9 Attachment 4 Page 4 of 9 Attachment 4 Page 5 of 9 Attachment 4 Page 6 of 9 Attachment 4 Page 7 of 9 Attachment 4 Page 8 of 9 Attachment 4 Page 9 of 9 Attachment 4 Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption Page 1 of 4 TOWN MANAGER REPORT TO: Honorable Mayor Smith Hymes and Town Council FROM: Eric Heil, Town Manager RE: Ordinance No. 19-05 Primary Residence RETT Exemption DATE: August 9, 2019 SUMMARY: Ordinance No. 19-05 is presented to Council for consideration and review on first reading. This ordinance and memorandum were provided to Council at the July 9, 2019 Council meeting and continued to this August 13, 2019 Council meeting for further consideration on first reading. Any increase in the exemption for primary residences will reduce revenues for the Capital Improvements Plan. A draft Capital Improvements Plan is scheduled for presentation to Council at the September 10, 2019 Council meeting. RECOMMENDATION: A recommendation for Council consideration is to approve first reading of Ordinance No. 19-05 with a more limited and targeted increase in the primary residence exemption to only $320,000 (which would double the exemption from the current $160,000) and limit the availability of the exemption to purchases that do not exceed $960,000 and set the public hearing for September 10, 2019 to be scheduled after the presentation on the Capital Improvements Plan. The impact to the Capital Improvements Fund is anticipated to be a reduction of $208,000 in available funds for Capital Improvements each year. Council can then consider the impacts to the Capital Improvements Plan in more detail at the September 10, 2019 Council meeting. A power point presentation will be provided prior to the Council meeting that will summarize the financial points in this report and will provide examples of how an increased exemption from real estate transfer taxes for primary residences would benefit buyers in Avon. From the prior report on July 9, 2019: BACKGROUND: Council adopted Avon’s first Community Housing Plan last December. Council previously expressed a desire to consider increasing the Real Estate Transfer Tax (RETT) exemption for primary residences. Draft language was presented in Ordinance No. 19-01 in early 2019; however, Council separated out the tax and fee waivers for Community Housing in Ordinance No. 19-01 and recently adopted that Ordinance. INCREASING PRIMARY RESIDENT RETT EXEMPTION: Increasing the RETT exempt for primary residents presented some transactional complications and questions about impacts and consequences to the Town’s budget. The proposed amendment to increase the primary residence exemption has been simplified by creating a separate independent exemption rather than building upon the two existing exemptions for primary residences. TABOR IMPLICATIONS: The Tax Payor Bill of Rights (TABOR) amended the Colorado Constitution in 1992 and prohibited any new or increased real estate transfer tax. Any increase of the primary residence exemption would become permanent and could not be repealed by Council at a later date. It is possible to Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption Page 2 of 4 draft an increased exemption for primary residences as a “temporary tax credit”; however, that would make the wording even more complicated and is not suggested. PRIMARY RESIDENCE RETT EXEMPTION: Several options and concepts are provided for Council’s consideration with regard to any change to the RETT exemption for purchasers of a primary residence. Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was only available to a person who met the definition of an “Eagle County Employee”. This change was intended to support working full-time residents who currently owned a primary residence in Avon but desired to purchase a larger residence to reflect residential needs and preferences during various life stages. The Town of Avon receives and approves approximately 65 RETT exemptions applications for primary residence. [2016 = 70; 2017 = 74; 2018 = 51]. The primary residence exemption is for the first $160,000 in consideration paid which translates into $3,200 in RETT relief for the buyer. On average, this exemption results in $208,000 in annual RETT revenues that is not received and is exempted for primary residence purchases. Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee and Primary Residence as follows: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the applicant's application for exemption. IMPACTS TO RETT AND CAPITAL IMPROVEMENTS: The RETT generates between $2.5 million to $3.1 million in revenues per year depending upon the real estate market. The RETT revenues sometimes received an increase when new “for-sale” projects become available to the market. Existing debt service is approximately $1 million per year, leaving a conservative budget of $1.5 million per year for capital improvements. Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption Page 3 of 4 An increase in the primary residence RETT exemption from $160,000 to $320,000 can be expected to reduce RETT revenues by $208,000 per year. An increase from $160,000 to $480,000 can be expected to reduce RETT revenues by $416,000 per year. The consequence of increasing the primary residence exemption would be to require deferral or elimination of capital projects in the approximate amount of $200,000 to $442,000 (based on increasing exemption to $500,000 in consideration paid). An increase of the primary residence RETT exemption is expected to reduce the available Capital Improvements Budget by 14% to 29%. ADMINISTRATION: An increased exemption for primary residences would create a third category of exemption. RETT exemptions are already complicated; therefore, an additional increased exemption for primary residences would require the Town to provide additional instructions and would require submission of a closing statement that indicates the amount of the real estate transfer tax to be paid by the buyer. Options for Primary Residence RETT Exemption Changes: 1. Increase the $160,000 primary residence exemption in AMC Sections 3.12.060(15) and (16). This is a simple option that is very easy to adopt and administer. This exemption would be available to all primary residence purchasers regardless of the sales price of the residence. If Council desires this option, then Ordinance No. 19-01 can be amended to simply amend AMC Sections 3.12.060(15) and (16) to increase the $160,000 exemption amount. 2. Increase the $160,000 primary residence exemption but limit eligibility for the additional exemption to residences that do not exceed a maximum affordable prices based on the Area Median Income for Eagle County (e.g. residences that do not exceed $640,000 to $960,000). 3. Increase the $160,000 primary residence exemption but limit eligibility for the additional exemption to persons who meet the definition of Eagle County Employee. 4. Increase the minimum timeframe to that the property must be used as a primary residence from the current minimum duration of one (1) year. Pros and Cons of Options: Options 1 and 2 would directly reduce the costs for buyer to purchase a residence in Avon as a primary residence. The buyer is required to pay the buyer’s portion of the RETT at closing in addition to the down payment and other closing costs. An increase in the primary residence exemption would directly reduce the buyer’s required cash at closing which would improve buyer’s ability to purchase a residence. An increase of the primary residence exemption from $160K to $320K would save a buyer a total of $6,400 at closing. An increase of the primary residence exemption from $160K to $480K would save a buyer a total $9,600 at closing. Option 2 proposes a limitation on an increased, additional primary residence RETT exemption to those more in need and would exclude purchases of residences greater than ($640,000 to $960,000) on the basis that the purchase of a residence in that price range does not warrant a public subsidy to promote full-time resident housing. Option 3 proposes that the increase in RETT exemption over $160,000 for primary residences is limited to Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption Page 4 of 4 Eagle County Employees. Combining Options 2 and 3 would target the exemption to benefit eagle county employees and within the price range where the greatest need is identified. SAMPLE MOTIONS: [continuance] “I move to continue consideration of first reading of Ordinance No. 19-01 and provide direction to staff to [make changes, research more information]” [approval on first reading] “I move to approve Ordinance No. 19-01 Amending Chapter 3.08 Sales Tax; Chapter 3.12 Real Property Transfer Tax; Enacting Chapter 3.14 Community Housing Incentives; and Amending Chapter 13.08 Public Services of the Avon Municipal Code.” Thank you, Eric ATTACHMENT: Ordinance 19-05 Ord. 19-05 July 9, 2019 FIRST READING Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 19-05 AMENDING CHAPTER 3.12 REAL PROPERTY TRANSFER TAX TO INCREASE THE PRIMARY RESIDENCE EXEMPTION WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and WHEREAS, the Avon Town Council finds that amendments to the Avon Municipal Code will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is hereby amended to enact a new Section 3.12.060(19) to read as follows: “3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section Ord. 19-05 July 9, 2019 FIRST READING Page 2 of 4 3.12.060, a qualified purchaser may exempt [three hundred twenty thousand dollars ($320,000.00) – five hundred thousand dollars ($500,000)] of the consideration paid for any sale or conveyance of real property and completed improvements for occupancy as a primary residence (including both the first purchase in Avon and subsequent purchases), provided the following conditions are met: a. An application for exemption is filed with the Finance Department, which application is accompanied by: 1. An affidavit that the applicant meets the definition of Eagle County employee; that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in Section 3.12.020 or shall cease to use the property as his or her primary residence within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record; and 3. The total consideration paid for the residence does not exceed [six hundred forty thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)]; and, b. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction.” Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval. Section 5. Non-Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid or held to be in conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared Ord. 19-05 July 9, 2019 FIRST READING Page 3 of 4 unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord. 19-05 July 9, 2019 FIRST READING Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 13, 2019 and setting such public hearing for September 10, 2019 at the Council Chambers of the Avon Town Hall, located at 100 Mikela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 10, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Page 1 AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken, and Council members present were Amy Phillips, Jennie Fancher, Tamra Underwood, and Scott Prince. Councilors Chico Thuon and Jake Wolf were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Deputy Police Chief Coby Cosper, Town Engineer Justin Hildreth, Finance Director Scott Wright, Deputy Town Manager Preston Neill and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA (MAYOR SMITH HYMES) Councilor Underwood moved to approve the agenda as presented. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf and Councilor Thuon were absent. 3. PUBLIC COMMENT Michael Cacioppo requested the addition of an agenda item for a discussion about constructing a convention center in Avon. Mayor Smith Hymes replied that his request would be taken under consideration. Rocky Mountain 4H Club representatives invited Council to their upcoming Auction and Barbeque on July 27th. Councilor Thuon arrived at 5:04 p.m. 4. BUSINESS ITEMS 4.1. RESOLUTION NO. 19-13 APPOINTING PAUL WISOR AS THE TOWN ATTORNEY AND APPROVING THE AGREEMENT FOR LEGAL SERVICES WITH GARFIELD & HECHT, P.C. (TOWN MANAGER ERIC HEIL) Councilor Prince moved to approve Resolution 19-13 Appointing Paul Wisor as the Town Attorney and Approving the Agreement for Legal Services with Garfield & Hecht, P.C. Councilor Underwood seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf was absent. 4.2. FIRST READING OF ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN MANAGER ERIC HEIL) Michael Cacioppo commented on this item. Councilor Underwood moved to continue consideration of first reading of Ordinance 19-05 to the August 13th Council meeting. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf was absent. Various direction was provided to staff to update the ordinance for the August 13th Council meeting. 4.3. INITIATE ZONING AMENDMENT FOR LOT 16, BENCHMARK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Prince moved to initiate the Rezoning of Lot 16, Block 2, Benchmark at Beaver Creek Subdivision, from Residential High Density (RHD) to either the Park (P) zone district or Public Facilities (PF) zone district or any other type of zoning district the Planning and Zoning Commission recommends to Council. Councilor Thuon seconded the motion and the motion carried on a vote of 4 to 2. Mayor Pro Tem Phillips and Councilor Underwood voted no. Councilor Page 2 AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 Wolf was absent. 4.4. RESOLUTION 19-15 APPROVING AD HOC CITIZEN FINANCE COMMITTEE (TOWN MANAGER ERIC HEIL) Councilor Wolf arrived at 6:42 p.m. Councilor Fancher moved to approve Resolution 19-15 Approving An Ad Hoc Finance Committee. Councilor Underwood seconded the motion. Several suggestions were made by Council to amend the resolution. Councilor Fancher canceled her original motion and Councilor Underwood canceled her second to the original motion. Councilor Underwood moved to approve Resolution 19-15 Approving An Ad Hoc Finance Committee, with several amendments that she listed in full detail. Councilor Wolf seconded the motion and the motion passed unanimously. 4.5. RESOLUTION 19-16 APPROVING AD HOC CITIZEN COMMITTEE FOR HEALTH, RECREATION PROGRAMMING AND RECREATION CENTER DESIGN (TOWN MANAGER ERIC HEIL) Councilor Underwood and Mayor Pro Tem Phillips provided suggested several edits to the Resolution. Councilor Prince moved to approve Resolution 19-16 Approving an Ad Hoc Health and Recreation Committee, with the edits provided by members of Council. Councilor Wolf seconded the motion and the motion passed unanimously. 4.6. AUTHORIZATION FOR NOTICE OF AWARD FOR BENCHMARK ROAD PARKING PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Councilor Wolf moved to authorize Staff to issue a Notice of Award for construction of the West Benchmark Road on Street Parking and Water Quality Vault Project if the lowest qualified bidder is within the construction budget of $581,000 as discussed at the April 30, 2019 Town Council meeting. Mayor Pro Tem Phillips seconded the motion. Mayor Smith Hymes explained why she would be voting no as she questioned the need for additional parking. The motion passed on a vote of 6 to 1. Mayor Smith Hymes voted no. 4.7. WORK SESSION: REVIEW AND DISCUSSION OF TOWN CODE OF ETHICS (TOWN ATTORNEY PAUL WISOR) Various direction was provided to staff. Consensus among Council members was to not pursue any amendments to the current Code of Ethics. 4.8. WORK SESSION: REVIEW AND DISCUSSION OF SHORT-TERM RENTAL TAX (TOWN ATTORNEY PAUL WISOR) Councilor Wolf disclosed why he may have a conflict of interest on this item. Councilor Prince moved to waive Councilor Wolf's conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Wolf did not vote. Councilor Underw ood disclosed a potential conflict of interest. Mayor Pro Tem Phillips moved to waive Councilor Underwood's conflict of interest. Councilor Prince seconded the motion and the motion passed on a vote of 6 to 0. Councilor Underwood did not vote. Councilor Fancher disclosed a potential conflict of interest. Councilor Underwood moved to waive Councilor Fancher's conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Fancher did not vote. Ruthie Stanley commented on this item. While there was interest by the Page 3 AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 majority of Council in further exploring draft ballot language to be submitted to voters for the adoption of a short-term rental tax, Council gave direction to hold off until 2020. 4.9. APPROVAL OF LETTER TO SENATOR KERRY DONOVAN REQUESTING FUNDS FOR COLORADO WATER PLAN (TOWN MANAGER ERIC HEIL) Councilor Fancher moved to approve sending a letter to Senator Donovan requesting her support for sustainable funding of the Colorado Water Plan. Councilor Thuon seconded the motion and the motion passed unanimously. 4.10. APPROVAL OF SIGNING AMICUS BRIEF WITH COLORADO MUNICIPAL LEAGUE CONCERNING INDEPENDENT ETHICS COMMISSION AND HOME RULE AUTHORITY (TOWN ATTORNEY PAUL WISOR) Councilor Underwood moved to direct staff to sign the Town on to the amicus brief to be filed by CML in Jones v. Dunafon. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 4.11. APPROVAL OF MINUTES FROM JUNE 25, 2019 COUNCIL RETREAT (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Fancher moved to approve the minutes from the June 25, 2019 Council Retreat. Councilor Underwood seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Thuon abstained from the vote. After some discussion, Councilor Prince made a motion to approve the minutes with an edit to who was present at the Retreat. Councilor Underwood seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no and Councilor Thuon abstained from the vote. 4.12. APPROVAL OF MINUTES FROM JUNE 25, 2019 REGULAR COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Prince provided an edit to the minutes. Councilor Prince moved to approve the minutes from the June 25, 2019 Regular Meeting with the edit he described. Councilor Underwood seconded the motion and the motion carried on a vote of 6 to 1. Councilor Wolf voted no. Councilor Underwood moved to waive Mayor Pro Tem Phillips' conflict of interest with regard to item 4.5 on the June 25, 2019 Regular meeting agenda: Public Hearing: Resolution 19-14, Final Plat for Lot 5, Riverfront Subdivision. Mayor Smith Hymes seconded the motion and the motion passed on a vote of 3 to 0. Mayor Smith Hymes, Councilor Underwood and Councilor Wolf voted yes. Mayor Pro Tem Phillips, Councilor Thuon, Councilor Prince and Councilor Fancher abstained from the vote. 5. WRITTEN REPORTS 5.1. ABSTRACT FROM JULY 2, 2019 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 5.2. GIFT REPORTING – PURINA PRO PLAN INCREDIBLE DOG CHALLENGE VIP TICKETS, VAIL VALLEY BREW FEST TICKETS AND BEAVER CREEK RODEO SERIES VIP TICKETS (DEPUTY TOWN MANAGER PRESTON NEILL) Page 4 AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 5.3. UPPER EAGLE REGIONAL WATER AUTHORITY JUNE 27, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 6. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Councilor Fancher commented on Habitat for Humanity Vail Valley, as well as the 2020 Census. Mayor Pro Tem Phillips announced that David Reid was recently named the new Director of Aviation at the Eagle County Regional Airport. Councilor Thuon and Councilor Underwood both made remarks about the success of the Salute to the USA event on July 3rd. They also thanked Town staff for their efforts in putting on the event. Councilor Wolf commented on the Salute to the USA event. Councilor Wolf and Councilor Thuon offered condolences to the family of Tayler Esslinger, Eagle County Deputy, who passed away in late June. Councilor Wolf brought up 5G and the effects it will have on our community. 7. ADJOURNMENT There being no further business before Council, Mayor Smith Hymes adjourned the Regular meeting. The time was 9:29 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: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra N. Underwood Page 1 of 3 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: David McWilliams, Town Planner Meeting Date: August 13, 2019 Topic: NOTTINGHAM PARK LANDSCAPE PLAN SUMMARY The Harry A. Nottingham Park Landscape Plan (Attachment A) was completed in August 2018 as part of the Town-Owned Properties Planning contract. This effort was identified in the Strategic Plan to “Develop, with consultant services, the Harry A. Nottingham Park Landscape Plan, including in the plan timely replacement of the Town’s public tree stock; invite Walking Mountains to evaluate biosphere enhancements to the northwest corner of Nottingham Lake during the planning process.” Staff recently began the public process with the Planning and Zoning Commission (PZC) to spur the discussion and involve the neighboring community and park users. Based upon the depth and breadth of public comments received at the July 16, 2019 PZC work session, staff determined that a summary of comments and concerns should be relayed to Council before any further work is conducted. PZC WORK SESSION Prior to initiating a PZC work session, Parks staff began a soft implementation of the naturalized park borders in the area of “councilman’s corner” at the northwest corner of the park. The intent of the pilot program was to spur discussion and educate neighbors about what the plan could develop into if implemented. Halting mowing operations quickly caught the attention of the neighborhood, and in return, there was a large turnout for the PZC work session on July 17. In addition to the overwhelmingly negative reaction to the idea of a naturalized border to the park, there were overarching comments with park use patterns and other elements of the draft plan. Comments Received: • Explore temporary and/or interactive art installations. • No support for changing sod areas to low water natural wildflower/grasses or “woodland” – especially “councilman’s corner” area. Concerns with ground squirrels, non-native species and fire. • Mark the trees for removal for clarity in the tree replacement plan. • BC Blvd beach parking on bicycle lane causes potential safety issues with kids, doorings (car door/bicycle conflict). Explore off-street spaces for beach parking and try to draw parking to old Town Hall and Avon Elementary because it is safer, equally convenient to the lake and other facilities. • Beach bathrooms need to be upgraded and expanded if possible. • Perception that Town is watering more on the new BC Blvd, yet trying to switch to lower water use in the park. • Concerns with existing SUP rental and plan for permanent location shown in NW corner of lake. • Need more screening and beautification between recreation path and ERWSD wastewater facility. • Educational garden cleanup and volunteer opportunities should be sought. Page 2 of 3 • Amenities should be added to west half of the park (i.e. picnic shelter, benches, wayfinding) east of the Avon Elementary playground and basketball court. • Promote and enhance access from old Town Hall area given its convenience as a portal for most users. • Playground: Additional seating would be a huge benefit with given the usership. Improve lighting. • Sediment Pond treatments or enhancements. BACKGROUND The intention of the Nottingham Park Landscape Plan that was drafted by Design Workshop is to build upon the 2008 Harry A. Nottingham Park Plan recommendations, including the following goals and plan elements: Overarching Goals: • Heightened “gateway” park entrances • Reduced lawn • Defined quiet areas • Improved aesthetics • Increased wayfinding • Uniform lighting Specific Plan Elements: • Tree removal/protection plan • Planting plans for each sector of the park • Locations and recommendations for seating enclaves, shade shelters, art/sculpture locations signage/wayfinding, lighting, and outdoor game space • Enhancement of different “rooms” within the park • A “festival spine” • Naturalized border IRRIGATION REQUIREMENTS The largest gap between implementation of any plan and the current park condition is the existing irrigation system. The Public Works department is proposing a comprehensive irrigation audit by a third party to address inefficiencies and water leakage for 2020. Any changes requiring more focused watering should be in concert with implementing the recommendations of that audit and would be implemented in 2021. For example, the picture below shows the path near the northwest corner of the lake, where a planting bed is proposed. The current irrigation network does not focus water on that corner, and any extension of the lines should be implemented in conjunction with proposed 2021 irrigation improvements. Page 3 of 3 Other Considerations Specific built forms and proposed uses within Harry A. Nottingham Park deserve a different focus. While they influence the final landscape decisions of the park, they are separated from this planning effort due to budgeting and urban design considerations. They include: old Town Hall, restrooms, lighting, and the cabin. Beach Restrooms: As reported to Town Council on May 28, 2019, Upgraded screening is proposed for the Beach Portalettes. This project would include pouring a cement slab and constructing or installing screening for three portalettes, including one handicapped portalette and one additional portalette at the parking lot. This project is estimated to cost $25K to $50K depending upon design of the screening. The construction of a Public Restroom structure with plumbing is roughly estimated to cost $500K to $600K because extension of water and sewer utilities to the location for a Beach Public Restroom is expected to cost $100K to $200K. If Council desires further consideration of a Beach Public Restroom then the recommendation is to conduct additional preliminary design work to determine a more defined cost estimate and then incorporate the project into the Town’s capital improvement program. Construction of additional Public Restrooms near the Avon Pavilion is expected to be a higher priority (see discussion below) therefore the recommendation at this time is proceed with a project to install additional portalettes with enhanced screening. Restrooms Near the Pavilion: The Old Town Hall is scheduled to be demolished next year and would be an ideal location for restroom facilities to serve events like Avon Live. The size and configuration of the facility will need to be developed with Town Council and local event producers. Lighting: In 2017 bollard lightning was installed on the north pedestrian path and the next phase is included in the Capital Project fund. While full project completion is a priority for a uniform aesthetic throughout the park, staff anticipates most of the gaps will be most effectively filled during any landscaping improvements. The demolition and any subsequent repurposing of the Old Town Hall site will probably be the best time to install lighting near the main field. The draft 2020 CIP budget includes another phase of bollard lighting. Cabin: The cabin to the south of the performance pavilion caught the attention of Council members as a potential solution to one of two problems – the lack of restrooms and the lack of a second green room. A design team will be hired to address one of these two problems. The team would determine the limitations, design, and expected cost of a retrofit. ATTACHMENTS A - Nottingham Park Plans B - Written Public Comments HARRY A. NOTTINGHAM PARK100% DESIGN DEVELOPMENTJanuary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heet IndexLandscape Drawings:Location MapOWNERTown of Avon2QH/DNH6WUHHW$YRQ&RORUDGR7HO&RQWDFW0DWW3LHOVWLFNHUProject Description or Supplemental Information-DQXDU\'DWH*(1(5$/,1)250$7,21/6LWH3ODQ)XUQLVKLQJ/RFDWLRQVƔ/ 6LWH3ODQ/LJKWLQJ/RFDWLRQVƔ/ 6LWH3ODQ$UW/RFDWLRQVƔ/ 6LWH3ODQ:D\ILQGLQJ6LJQDJH/RFDWLRQVƔ/ .H\3ODQƔ/ *HQHUDO,QIRUPDWLRQDQG/HJHQGƔ3/$173527(&7,21$1'5(029$/6(5,(6/ 3ODQW3URWHFWLRQDQG5HPRYDO3ODQƔ/ 3ODQW3URWHFWLRQDQG5HPRYDO3ODQƔ/ 3ODQW3URWHFWLRQDQG5HPRYDO3ODQƔ/ 3ODQW3URWHFWLRQDQG5HPRYDO3ODQƔ3/$17,1*6(5,(6/ 3ODQWLQJ3ODQƔ/ 3ODQWLQJ3ODQƔ/ 3ODQWLQJ3ODQƔ/ 3ODQWLQJ3ODQƔ6+((7/(*(1'.(<Ɣ ,QGLFDWHVLQFOXGHGVKHHWż ,QGLFDWHVLQFOXGHGEXWUHYLVHGVKHHWNORTH1RWH$VSDUWRIWKLVSURMHFWWKH&RQWUDFWRUVKDOOPDLQWDLQDFRPSOHWHXSWRGDWHVHWRIDOO'UDZLQJVDQG6SHFLILFDWLRQVDYDLODEOHIRUUHYLHZDWWKHFRQVWUXFWLRQVLWHE\WKH2ZQHU V5HSUHVHQWDWLYHDQG/DQGVFDSH$UFKLWHFW,QDGGLWLRQWKH&RQWUDFWRUVKDOOHQVXUHDOOLQVWDOODWLRQVDQGFRRUGLQDWLRQE\DOOWUDGHVRFFXUVLQDFFRUGDQFHZLWKWKHDERYHUHYLVLRQV':3URMHFW1XPEHU,+:<+:<$9215'/$.(67%($9(5&5((.%/9'352-(&76,7(Attachment A I-70ISH 6NOTTINGHAM LAKEBASKETBALL COURTSTENNIS COURTSNEW PICKLEBALL COURTSAVON ELEMENTARY SCHOOLMULTI-USE FIELDSUP RENTAL FACILITYRELOCATED BOAT LAUNCHSLEDDING HILLBOULDER LAKE EDGEBOULDER LAKE EDGEDOCKPUMP TRACKSHADE SHELTERSTORMWATER QUALITY PONDNEW RESTROOMBEACHSAND VOLLEYBALLOFF-LEASH DOG PARKPARKINGPARKINGNEW PLAYGROUNDRESTROOMSARRIVAL PLAZAADDITIONAL PARKING ADDEDTO LAKE STREETFUTURE SPLASH PAD/WATER PLAY PEDESTRIANMALLLAKE STREETMULTI-USE FIELDNEW PICNIC SHELTERNEW PICNIC SHELTERPROMONTORY GARDENSHADE SHELTERSHADE SHELTERSTAGEFESTIVAL PROMENADELIBRARYRELOCATED HAHNEWALD BARNNEWICE RINKRECREATIONCENTERSEAGLE RIVERRAILROAD TRACKSBENCHMARK ROAD&DESIGN'$7('(6&5,37,21,668('$7(6+((7180%(55(9,(:('352-(&7180%(5'5$:1:25.6+235(9,6,216$%&'(HARRY A. NOTTINGHAM PARKTOWN OF AVONAVON, COLORADO&23<5,*+7'(6,*1:25.6+23,1&'(6,*1'(9(/230(17):::'(6,*1:25.6+23&20Landscape Architecturex Land PlanningUrban Designx Tourism Planning-DQDP&?8VHUV?KPLOOHU?DSSGDWD?ORFDO?WHPS?$F3XEOLVKB?':/;5(1'(5('3/$16GZJAshevillex Aspen x Austin xChicagoxDenverx DubaiHoustonxLake TahoexLos Angeles xShanghai(DVW0DLQ6WUHHW$VSHQ&RORUDGR$$15 0$127)25&216758&7,21/6,7(3/$1)851,6+,1*/2&$7,216LEGENDSeatingTrash ReceptaclesBike RacksBike SharePicnic TablesGrillsAttachment A I-70ISH 6NOTTINGHAM LAKEBASKETBALL COURTSTENNIS COURTSNEW PICKLEBALL COURTSAVON ELEMENTARY SCHOOLMULTI-USE FIELDSUP RENTAL FACILITYRELOCATED BOAT LAUNCHSLEDDING HILLBOULDER LAKE EDGEBOULDER LAKE EDGEDOCKPUMP TRACKSHADE SHELTERSTORMWATER QUALITY PONDNEW RESTROOMBEACHSAND VOLLEYBALLOFF-LEASH DOG PARKPARKINGPARKINGNEW PLAYGROUNDRESTROOMSARRIVAL PLAZAADDITIONAL PARKING ADDEDTO LAKE STREETFUTURE SPLASH PAD/WATER PLAY PEDESTRIANMALLLAKE STREETMULTI-USE FIELDNEW PICNIC SHELTERNEW PICNIC SHELTERPROMONTORY GARDENSHADE SHELTERSHADE SHELTERSTAGEFESTIVAL PROMENADELIBRARYRELOCATED HAHNEWALD BARNNEWICE RINKRECREATIONCENTERSEAGLE RIVERRAILROAD TRACKSBENCHMARK ROAD&DESIGN'$7('(6&5,37,21,668('$7(6+((7180%(55(9,(:('352-(&7180%(5'5$:1:25.6+235(9,6,216$%&'(HARRY A. NOTTINGHAM PARKTOWN OF AVONAVON, COLORADO&23<5,*+7'(6,*1:25.6+23,1&'(6,*1'(9(/230(17):::'(6,*1:25.6+23&20Landscape Architecturex Land PlanningUrban Designx Tourism Planning-DQDP&?8VHUV?KPLOOHU?DSSGDWD?ORFDO?WHPS?$F3XEOLVKB?':/;5(1'(5('3/$16GZJAshevillex Aspen x Austin xChicagoxDenverx DubaiHoustonxLake TahoexLos Angeles xShanghai(DVW0DLQ6WUHHW$VSHQ&RORUDGR$$15 0$127)25&216758&7,21/6,7(3/$1/,*+7,1*/2&$7,216LEGENDBollard LightingPedestrianParking LotAttachment A I-70ISH 6NOTTINGHAM LAKEBASKETBALL COURTSTENNIS COURTSNEW PICKLEBALL COURTSAVON ELEMENTARY SCHOOLMULTI-USE FIELDSUP RENTAL FACILITYRELOCATED BOAT LAUNCHSLEDDING HILLBOULDER LAKE EDGEBOULDER LAKE EDGEDOCKPUMP TRACKSHADE SHELTERSTORMWATER QUALITY PONDNEW RESTROOMBEACHSAND VOLLEYBALLOFF-LEASH DOG PARKPARKINGPARKINGNEW PLAYGROUNDRESTROOMSARRIVAL PLAZAADDITIONAL PARKING ADDEDTO LAKE STREETFUTURE SPLASH PAD/WATER PLAY PEDESTRIANMALLLAKE STREETMULTI-USE FIELDNEW PICNIC SHELTERNEW PICNIC SHELTERPROMONTORY GARDENSHADE SHELTERSHADE SHELTERSTAGEFESTIVAL PROMENADELIBRARYRELOCATED HAHNEWALD BARNNEWICE RINKRECREATIONCENTERSEAGLE RIVERRAILROAD TRACKSBENCHMARK ROAD&DESIGN'$7('(6&5,37,21,668('$7(6+((7180%(55(9,(:('352-(&7180%(5'5$:1:25.6+235(9,6,216$%&'(HARRY A. NOTTINGHAM PARKTOWN OF AVONAVON, COLORADO&23<5,*+7'(6,*1:25.6+23,1&'(6,*1'(9(/230(17):::'(6,*1:25.6+23&20Landscape Architecturex Land PlanningUrban Designx Tourism Planning-DQDP&?8VHUV?KPLOOHU?DSSGDWD?ORFDO?WHPS?$F3XEOLVKB?':/;5(1'(5('3/$16GZJAshevillex Aspen x Austin xChicagoxDenverx DubaiHoustonxLake TahoexLos Angeles xShanghai(DVW0DLQ6WUHHW$VSHQ&RORUDGR$$15 0$127)25&216758&7,21/6,7(3/$1$57/2&$7,216LEGENDPotential public art locationsAttachment A I-70ISH 6NOTTINGHAM LAKEBASKETBALL COURTSTENNIS COURTSNEW PICKLEBALL COURTSAVON ELEMENTARY SCHOOLMULTI-USE FIELDSUP RENTAL FACILITYRELOCATED BOAT LAUNCHSLEDDING HILLBOULDER LAKE EDGEBOULDER LAKE EDGEDOCKPUMP TRACKSHADE SHELTERSTORMWATER QUALITY PONDNEW RESTROOMBEACHSAND VOLLEYBALLOFF-LEASH DOG PARKPARKINGPARKINGNEW PLAYGROUNDRESTROOMSARRIVAL PLAZAADDITIONAL PARKING ADDEDTO LAKE STREETFUTURE SPLASH PAD/WATER PLAY PEDESTRIANMALLLAKE STREETMULTI-USE FIELDNEW PICNIC SHELTERNEW PICNIC SHELTERPROMONTORY GARDENSHADE SHELTERSHADE SHELTERSTAGEFESTIVAL PROMENADELIBRARYRELOCATED HAHNEWALD BARNNEWICE RINKRECREATIONCENTERSEAGLE RIVERRAILROAD TRACKSBENCHMARK ROAD&DESIGN'$7('(6&5,37,21,668('$7(6+((7180%(55(9,(:('352-(&7180%(5'5$:1:25.6+235(9,6,216$%&'(HARRY A. 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NOTTINGHAM PARKTOWN OF AVONAVON, COLORADO&23<5,*+7'(6,*1:25.6+23,1&'(6,*1'(9(/230(17):::'(6,*1:25.6+23&20Landscape Architecturex Land PlanningUrban Designx Tourism Planning-DQDP)?352-(&76B$/?$YRQ'HYHORSPHQW3ODQV?'&$'?6KHHWV?':/6+58%$1'*5281'&29(5GZJAshevillex Aspen x Austin xChicagoxDenverx DubaiHoustonxLake TahoexLos Angeles xShanghai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´FDO$*/ $FHUJODEUXP 5RFN\0RXQWDLQ0DSOH ´FDO$3 $FHUSODWDQRLGHV (PHUDOG4XHHQ 'HERUDK 5R\DO5HG 1RUZD\0DSOHVS ´FDO$7 $FHUWDWDULFXP 7DWDULDQ0DSOH ´FDO$7( $OQXVWHQXLIROLD 7KLQOHDI$OGHU ´FDO&& &UDWDHJXVFUXVJDOOL ,QHUPLV 7KRUQOHVV&RFNVSXU+DZWKRUQ´FDO*' *\PQRFODGXVGLRLFD .HQWXFN\&RIIHHWUHH ´FDO06 0DOXV 6SULQJ6QRZ 6SULQJ6QRZ&UDEDSSOH ´FDO30 3UXQXVPDDFNLL $PXU&KRNHFKHUU\ ´FDO37 3RSXORXVWUHPXORLGHV 4XDNLQJ$VSHQ ´FDO39 3UXQXVYLUJLQLDQD &KRNHFKHUU\ ´FDO45 4XHUFXVUREXU &ULPVRQ6SLUH IDVWLJLDWD (QJOLVK2DNVS ´FDO46 4XHUFXVVKXPDUGL 6KXPDUG2DN ´FDO7$ 7LOLD$PHULFDQD $PHULFDQ/LQGHQ ´FDOPERENNIALS6HHJHQHUDOLQIRUPDWLRQVKHHW/SEED MIXES6HHJHQHUDOLQIRUPDWLRQVKHHW/FESCUE6HHJHQHUDOLQIRUPDWLRQVKHHW/1([LVWLQJWUHH'RQRWGLVWXUE3URWHFWLQSODFH28VHUHFRPPHQGHGWUHHOLVWWRSODFHQHZWUHHVRYHUWLPHZLWKFRQVLGHUDWLRQWRYLHZVDQGVXQH[SRVXUHPLANTING REFERENCE NOTES35HSODFHHVWDEOLVKHGJURXQGFRYHURYHUWLPHDQGDVQHHGHG43ODQWLQJSHUSOD\JURXQGGHVLJQ3/$1NORTH25,*,1$/6&$/( 3/$17,1*([LVWLQJGHFLGXRXVWUHHWRUHPDLQPLANTING LEGEND([LVWLQJFRQLIHURXVWUHHWRUHPDLQ([LVWLQJGHFLGXRXVWUHHWREHUHPRYHG([LVWLQJFRQLIHURXVWUHHWREHUHPRYHG3URSRVHGGHFLGXRXVWUHH3URSRVHGFRQLIHURXVWUHH/DZQ1DWLYH*UDVV6HHG0L[)HVFXH5LSDULDQ(GJH6HHG0L[6KUXE3HUHQQLDO*DUGHQ3URSRVHG:HWODQG%XIIHU(GJH6HHG0L[KEY PLAN:176/613)3)3%6%326%6%$&5:3)3)5:6-5$61Attachment A 1 From: Alice Boone Sent: Monday, July 22, 2019 10:46 AM To: Matt Pielsticker <mpielsticker@avon.org> Subject: Proposed Nottingham Park Landscaping Mr. Pielsticker, I’ve been a homeowner and taxpayer at Lakeview condos on Beaver Creek Boulevard for 26 years and was unable to attend the meeting last Wednesday evening due to a previous engagement. Nottingham Park is a real asset to our community. I don’t like the proposed changes to the park and want to put in my Loud Voice not to do them. I’m totally against the proposal to remove grass areas and put in trees and native grasses. NO. The grass areas, in particular the areas on the Northside of the park and the hill area and playing field on the South side of the lake, need to stay the way they are. All grass areas need to stay as they are!!! Let’s remember that the primary reason for Nottingham Park is for the community. Almost all of the Avon residents near and a distance away from Nottingham Lake & Park have small areas of open green grass. Being able to have a large area of well maintained and beautiful grass is a visual pleasure, an expanse that opens to the fantastic view beyond and is a better backdrop to the recreational path, volley ball area, beach area, picnic area, play areas, field game areas, frisbee park (what happened to that?), sledding hill, playing fields, walking & playing with one’s dog, etc. Plus, the maintained grass areas makes for a quieter area for those who don’t want to be on top of other Park enthusiasts to be. Why change something that is so nice and is such an asset to our town? Keeping the grass areas the way they are is a very good way to use our tax dollars and to continue to use our tax dollars. Respectfully, Alice Boone POB 9673 Avon, CO 81620 Attachment B 1 From: maureen conner Sent: Tuesday, July 16, 2019 3:56 PM To: Matt Pielsticker <mpielsticker@avon.org> Subject: proposed landscaping around Nottingham Park Matt, I am a homeowner and taxpayer at Lakeview Condos on Beaver Creek Blvd and cannot attend the meeting tonight re: landscaping changes around the park but definitely want to register my opinion. The proposed landscaping changes to the park environs are absolutely ludicrous and a total waste of taxpayer money.! And if it's anything like the ridiculous landscaping and traffic "redesign" on Beaver Creek Blvd., we could look forward to three years of things being torn up and in disarray. No, no a thousand times no!!! The grass is beautiful and lush, well-established and well-enjoyed by thousands of homeowners and park goers, .and...bonus, keeps those awful little ground squirrels at bay. "If it ain't broke, don't 'fix' it"! This is the worst idea in a long line of really bad ideas inflicted on us by the Avon town government. Who comes up with this garbage?!? Time to vote out this gang and vote in a whole new crew with a little fiscal responsibility! My two cents worth! That and $4 will buy you an absurdly over-priced cup of coffee. Sincerely, Maureen Conner Attachment B 1 PZC Abstract – August 6, 2019 Planning & Zoning Commission Meeting Abstract Tuesday, August 6, 2019 I. Call to Order – The meeting was called to order at 5:00 pm. II. Roll Call – All Commissioners were present except for Commissioner Golembiewski. III. Conflicts of Interest – No conflicts of interest were disclosed. IV. Additions & Amendments to the Agenda – There were no additions or amendment to the agenda. V. Alternative Equivalent Compliance and Minor Development Plan – CONTINUED PUBLIC HEARING – 5024 Wildridge Road East Unit B File: AEC19004 and MNR19012 Applicant: Kirby and Sonny Koch Property: Lot 37B Block 4 Wildridge Subdivision Summary: Application to allow a non-conforming privacy fence to be approved by PZC. The fence is already built and does not conform to height or built characteristics required. Action: Commissioner Dammeyer motioned to deny the AEC application with the following findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative does not achieve the intent of §7.28.080 Fences to the same or better degree than the subject standard; 3. The proposed alternative does not achieve the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative does not result in benefits to the community that are equivalent to or better than compliance with the subject standard; and 6. The proposed alternative imposes greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. Commissioner Barnes seconded the motion and it carried unanimously 6-0. Action: Commissioner Dammeyer motioned to approve the MNR application with the following findings and conditions: Findings: 1. The application is complete; 2. The modifications qualify as a Minor Development Plan pursuant to §7.16.080 of the Development Code. 3. The application and information presented at the hearing provides sufficient information to determine that the application complies with the relevant review criteria; 4. The application is in compliance 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; 2 PZC Abstract – August 6, 2019 6. The design of the fence does not relate the development to the character of the surrounding community; and 7. The propose design is characterized by a screen wall and not a fence. Commissioner Howell seconded the motion and it carried 5-1 with commissioner Nusbaum voting in opposition. VI. Special Review Use – PUBLIC HEARING – 281 Metcalf Road File: SRU19001 Applicant: Vladimir Goregliad Property: Lot 18/19 Block 1 Benchmark at Beaver Creek Subdivision Summary: Special Review Use to continue the Motion Rent A Car Business on the property. Action: Commissioner Howell motioned to approve the item with the following findings and conditions: Findings: 1. The modifications qualify as a Special Review Use pursuant to §7.16.1000 of the Development Code; 2. The application is complete; 3. The application provides sufficient information to allow 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; 6. The proposed use has a negligible impact to adjacent or on-site uses; and 7. The proposed use is compatible with adjacent uses in terms of scale, size and scope. Conditions: 1. The Special Review Use permit is granted to Motion Autohaus, LLC under ownership of Vladimir Goregliad. Any change in ownership requires reapplication of the Special Review Use. 2. The Special Review Use expires on August 6, 2029. Commissioner Smith seconded the motion and it carried unanimously 6-0. VII. Rezone – PUBLIC HEARING – 420 West Beaver Creek Boulevard File: REZ19001 Applicant: Town of Avon Property: Lot 16 Block 2 Benchmark at Beaver Creek Subdivision Summary: Proposal to change the zoning from Residential – High Density to Park. Action: Commissioner Barnes motioned to continue the item to the August 20, 2019 PZC meeting, with the direction that staff provide a more thorough analysis of the uses allowed in Park vs. Public Facility zoning, research the purchase of the property to determine intended use, and how the Future Land Use Map planning discussion determined this parcel to be P. Commissioner Nusbaum seconded the motion and it carried unanimously 6-0. VIII. Consent Agenda A – PZC Meeting Minutes – July 16, 2019 B – PZC Decision – Code Text Amendment CTA19002 3 PZC Abstract – August 6, 2019 Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner Nusbaum seconded the motion and it carried unanimously 6-0. IX. Adjourn – The meeting was adjourned at 6:50 pm. FISCAL YEAR 2018 FINANCIAL REPORT August 13, 2019 ______________________________________________________________________________________ 1. Fiscal Year 2018 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – May 3. Accommodations Tax Report - May 4. Real Estate Transfer Tax Report and Monthly Detail – May 5. Recreation Center Admissions – May 6. Recreation Center Program Fees - May 7. General Fund Year-To-Date Expenditures - May 8. Fleet Maintenance Fund Year-To Date Expenditures - May 9. Transit Fund Year-To Date Expenditures - May TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Nelly Burns, Senior Accountant Meeting Date: August 13, 2019 Agenda Topic: Fiscal Year 2019 Financial Report –May 2019 Revenues SUMMARY Revenues SALES TAX • Sales tax revenue for the month of May totaled $422,685.32, an 0.97% increase from the previous year and a 1.78% positive variance over the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. • Monthly sales tax collections by industry compared to one year ago have increased $2,665 for Home/Garden, $898 for Grocery/Specialty/Health, and $4,105 for Accommodations, $13,943 for Other Businesses, and $10,703 for Service Related businesses. Monthly sales tax collections have decreased ($4,589) for Liquor Stores, ($3,455) for Sporting Good Retail/Rental, ($8,671) for Miscellaneous Retail, and ($11,892) for Restaurants and Bars. • Year-to-date sales tax revenues through May have increased 4.86% over the previous year, which is $167,142.94 over the previous year and $111,889.20 over original budget estimates. 0.0020000.0040000.0060000.0080000.00100000.00120000.00140000.00 Sales Tax Comparison by Industry May-18 May-19 New and Renewed Business, Contractor & Sales Tax Licenses Issued in May Business License - Fixed Location 24 Business License - Home Occupation 11 Business License - Short Term Accommodation 7 Business License – Special Event 0 Business License - Vendor 41 Contractor License 40 Liquor License 0 Sales Tax License 37 Grand Total 160 ACCOMMODATIONS TAX • Accommodations tax revenue for month of May totaled $47,259.21, a 10.89% increase from the previous year and a 23.26% positive variance from the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. • Monthly accommodations tax collections increased $2,261.58 for time shares, and increased $1,727.23 for hotels, and $652.30 for vacation rentals compared to May 2018. • Year-to-date accommodation tax revenues through May have increased 11.79% over the previous year, which is $76,710.36 over the previous year and $33,797.48 over original budget estimates. REAL ESTATE TRANSFER TAX • Real estate transfer tax collections for the month of May totaled $278,241.63, a decrease of 20.78% from the previous year and a positive variance of 19.22% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Real Estate Transfer Tax (RETT) Transactions May RETT Transactions which paid 2% tax 11 RETT Exemptions for Primary Residence 9 RETT Exemptions for Full Exemption 9 Grand Total 29 - 10,000.00 20,000.00 30,000.00 40,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type May-18 May-19 RECREATION CENTER ADMISSIONS • May admission fees totaled $65,563 a 26.49% increase from the previous year. This is a 23.50% positive variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. The recreation center just completed a remodel of the weight room and admission revenues are already showing an increase due to these upgrades. RECREATION CENTER PROGRAM FEES • May program fees totaled $31,335.76 which is a 15.99% decrease from the previous year. This is a 30.83% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Expenditures • General Fund expenditures through May 2019 total 40.63% of the total budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. • Fleet expenditures through May 2019 total 45.38% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. • Mobility funds are May 2019 total 33.13% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2015 2016 2017 2018 2019 Recreation Center Admissions -May $- $10,000 $20,000 $30,000 $40,000 $50,000 2015 2016 2017 2018 2019 Recreation Center Program Fees -May TOWN OF AVON SALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget January 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 817,828.62 819,179.33$ 1,350.71$ -0.80%0.17% February 673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02%-2.50% March 793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46%14.49% April 381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52%-4.34% May 340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 422,685.32 7,408.54 0.97%1.78% June 538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 - July 570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 - August 547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 - September 546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 - October 417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 - November 397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 - December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,319,545.64 - Total 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 3,606,385.48$ 111,889.20$ 4.86%3.20% Actual Collections $300,000 $320,000 $340,000 $360,000 $380,000 $400,000 $420,000 $440,000 2015 2016 2017 2018 2019 Year Sales Tax Collections for May TOWN OF AVONACCOMMODATIONS TAX 2019 Actual vs. Budget Budget YTD Collections Budget % change % change 2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budgetJanuary 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,298$ 197,879.22$ 9,581.20$ 8.97% 5.09%February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,220 203,190.38 1,970.70 9.16% 0.98%March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,566 246,969.61 26,403.89 19.43% 11.97%April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,902 31,824.90 (13,077.50) -4.36% -29.12%May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,340 47,259.21 8,919.19 10.89% 23.26%June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,181 - July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 - August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 - September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 - October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 - November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 - December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 - Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 727,123.32$ 33,797.48$ 11.79% 4.87%0.88 0.88 0.97 1.00 0.97 Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,0002015 2016 2017 2018 2019Accommodations Tax Collections for May Town of AvonReal Estate Transfer Tax 2019 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54% -21.96%55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65 10.81% 84.68%125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 180,819.76 (163,736.98) -47.52% -14.87%144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 312,899.53 190,587.32 155.82% 113.15%121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 278,241.63 (72,995.30) -20.78% 19.22%90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 1,143,211.08$ (208,536.51)$ -15.43%34.93%Budget 2,775,000.00 Variance, Favorable (Unfavorable) (1,631,788.92)$ Actual Collections$0$50,000$100,000$150,000$200,000$250,000$300,000$350,000$400,0002015 2016 2017 2018 2019YearReal Estate Transfer Tax for May TOWN OF AVON RECREATION CENTER ADMISSION FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.40$ (6,733.03)$ -17.61%-8.45% February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90)$ -14.59%-19.20% March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 78,824.90 (6,780.44)$ -0.31%-7.92% April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 53,085.20 (15,614.93)$ -14.13%-22.73% May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 63,563.00 12,095.04 26.49%23.50% June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74 October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61 November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24 December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 186,927.10 Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 965,951$ 333,322.70$ (32,452.26)$ -6.28%-8.87% Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2015 2016 2017 2018 2019 Recreation Center Admissions -May TOWN OF AVON RECREATION CENTER PROGRAM FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget January 19,367.43$ 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 31,321.54$ 26,095.68$ (5,225.86)$ -19.38%-16.68% February 26,144.75 20,734.70 22,435.59 28,915.58 35,279.57 34,577.95 23,197.74 (11,380.21)$ -34.25%-32.91% March 19,727.40 15,184.33 19,132.72 29,016.16 28,669.46 28,937.09 27,280.96 (1,656.13)$ -4.84%-5.72% April 29,969.50 18,360.00 18,538.66 26,397.13 45,827.30 36,023.74 31,132.63 (4,891.11)$ -32.07%-13.58% May 31,395.87 22,175.69 39,447.85 44,605.22 37,300.42 45,304.03 31,335.76 (13,968.27) -15.99%-30.83% June 41,698.34 31,443.66 33,369.05 45,885.37 37,231.17 49,111.86 July 48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73 August 41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05 September 15,886.00 18,209.25 36,240.11 30,853.05 41,463.74 36,945.64 October 19,819.50 20,380.77 22,068.60 26,881.06 26,782.63 30,025.50 November 9,991.00 20,095.40 30,866.78 25,906.72 24,952.65 28,958.46 December 16,653.80 21,918.03 30,294.89 37,309.30 26,328.09 34,317.39 Total 320,650$ 271,972$ 360,523$ 423,649$ 450,492$ 473,251$ 139,042.77$ (37,121.60)$ -22.52%-21.07% Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2015 2016 2017 2018 2019 Recreation Center Program Fees -May Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 262,117$ 831$ 142,354$ 118,932$ 54.63% 112 Boards and Commissions 16,049 - 4,307 11,742 26.84% 113 Town Attorney 155,000 1,920 51,009 102,071 34.15% 115 Town Clerk 120,800 7,302 33,160 80,337 33.50% 121 Municipal Court 155,008 10,851 47,174 96,983 37.43% 131 Town Manager 386,895 15 85,576 301,304 22.12% 133 Community Relations 202,582 15,200 59,725 127,658 36.98% Total General Government 1,298,451 36,119 423,304 839,028 35.38% Human Resources Department: 132 Human Resources 537,456 15,699 181,789 339,968 36.74% Finance & IT Department: 141 Finance 997,181 58,789 404,601 533,791 46.47% 143 Information Systems 431,091 49,465 184,558 197,067 54.29% 149 Nondepartmental 583,517 61,337 392,818 129,362 77.83% Total Finance & IT 2,011,789 169,592 981,977 860,220 57.24% Total General Gov't Departments 3,847,696 221,410 1,587,071 2,039,216 47.00% Community Development: 212 Planning 293,353 22,491 110,211 160,651 45.24% 213 Building Inspection 177,039 2,100 74,842 100,097 43.46% 215 Town Produced Events 210,019 11,893 90,266 107,860 48.64% 216 Signature Event Seed Funding 500,000 17,750 127,790 354,460 29.11% 217 Community Grants 201,000 - 142,042 58,958 70.67% 218 Salute to the USA 110,715 2,271 47,563 60,882 45.01% Total Community Development 1,492,126 56,505 592,714 842,907 43.51% Police Department: 311 Administration 795,463 29,234 384,836 381,394 52.05% 312 Patrol 2,778,057 79,705 1,085,789 1,612,563 41.95% 313 Investigations 315,990 1,296 126,690 188,004 40.50% Total Police 3,889,510 110,235 1,597,314 2,181,961 43.90% Public Works: 412 Engineering 275,025 2,546 100,154 172,325 37.34% 413 Roads and Bridges 2,321,714 209,997 960,795 1,150,922 50.43% 415 Parks 671,860 62,288 201,988 407,584 39.33% 418 Buildings & Facilities 1,169,504 68,050 551,314 550,140 52.96% Total Public Works 4,438,103 342,881 1,814,251 2,280,971 48.60% Recreation Department: 514 Administration 244,297 13,132 103,956 127,209 47.93% 515 Adult Programs 62,701 1,249 21,553 39,900 36.37% 516 Aquatics 629,604 19,491 282,908 327,205 48.03% 518 Fitness 136,807 - 94,479 42,328 69.06% 519 Guest Services 336,180 1,384 138,429 196,367 41.59% 521 Youth Programs 161,580 2,643 48,821 110,116 31.85% 523 Community Swim Program 63,324 - 30,113 33,211 47.55% Total Recreation 1,634,493 37,900 720,258 876,335 46.38% Contingency 100,000 100,000 Operating Transfers 1,870,000 (63,223) 1,870,000 1,870,000 TOTAL OPERATING EXPENDITURES 17,271,928$ 768,930$ 6,248,385$ 10,191,390$ 40.63% Department Expenditure Summaries General Fund May 2019 Expenditures to Date 3 Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 286,200$ 17,024$ 129,974$ 139,202$ 51.36% 432 Transit Operations 2,087,011 2,015 678,936 1,406,060 32.63% 436 Wash Bay 169,093 7,512 72,297 89,284 47.20% 437 Programs 373,720 - 58,227 315,493 15.58% Total Operating Expenditures 2,916,024 26,551 939,434 1,950,039 33.13% TOTAL EXPENDITURES 2,916,024$ 26,551$ 939,434$ 1,950,039$ 33.13% Expenditure Summary Mobility Enterprise Fund May 2019 Expenditures to Date Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,801,273$ 95,736$ 721,638$ 983,899$ 45.38% Total Operating Expenditures 1,801,273 95,736 721,638 983,899 45.38% TOTAL EXPENDITURES 1,801,273$ 95,736$ 721,638$ 983,899$ 45.38% Expenditure Summary Fleet Maintenance Enterprise Fund May 2019 Expenditures to Date 1 | Salute to the USA 2019 – Post Event Review SALUTE 2019 POST EVENT REVIEW From: Danita Dempsey, CASE Manager Total Cost: $184,443 Estimated Attendance: 21,000 to 23,000 At each of the entrance we placed volunteer staff for the sole purpose of clicking individual as they entered the venue; there is lots of room for error however offers us a data point. • North Lake St. Entrance – 3,326 • South Lake Entrance – 4,648 • Rec. / Library – 6,843 • Playground / Bridge – 6,415 TOTAL: 21,232 Additionally, we can utilize the percentage of capacity of the portable restrooms as a data point: • 90-100% for the beer garden (main athletic field). • 75% of capacity for the beach/lake side of the venue • VIP trailer was at 60% of capacity Advertising & Marketing: Overall advertising and marketing of the event activations, traffic and parking impacts were successful. Area of improvement - implement 30-days out. Below is a snap shot of the tactics: Vail Daily Two (2) ¼ page ads 6/29, 7/01; One Full Page Ad 7/03 Vail Weekly Vail Weekly Ad on 6/28 Everything VV Events Listed, promoted in newsletter; 6/27 Digital/Programmatic Included in VD package Facebook Boosted purchase Instagram Boosted purchase Radio KZYR ROS 6/14 through 7/03 Radio AMT ROS 6/14 through 7/03 TV8 Interview--Sarah Included in TV8 Package; 7/03 Newsletters ARC, EVV, TOA, VVP Operations & Logistics: Overall event operations and logistics went smoothly considering the amount of time allowed for detailed and thorough planning and communications. Areas of improvement include: • Food vendor recruitment and contracting taking place in April to allow for more refined selection criteria, process and advance needs. • Staff supports a price increase and/or revenue share program for food vendors is warranted. 2 | Salute to the USA 2019 – Post Event Review • Add a bike valet and relocate away from main entry points; added to congesting as people were locking their bikes on the chain link fence near the entrances which had a negative impact during egress. • If budget allows, remove chain link fencing on July 4; busy weekend in park and visually unappealing to park users over busy holiday weekend. • VIP invitation should be sent out 30-days prior with final RSVP two weeks out. • Add space for VIP caterer to set up, cook and store food to decrease the amount of back-and- forth traffic for reload purposes. • Pass distribution master list should reside with events team to allow for less cumbersome communication with vendors, staff, VIP, etc. • Kids activation was well received with some feedback from the public regarding age limits in the inflatable features. Volunteers & Staffing: Overall the staffing and volunteer responsibilities were planned and executed well considering short timeline. Areas of improvement include: • Additional food for those staff who have later shift start times; sandwich platters or something with substance was running low into the evening hours and food vendor lines were too long to allow staff to wait in line. • Volunteer pool needs to increase, and process of communication needs to be streamlined. Stage Production & Talent: Kaleidoscope team did a great job and were pleasant to work with in the planning and execution phases. Community feedback thus far has been positive and “big name talent” was well received by the community. Areas of improvement include: • If level of talent and production for 2020 stays the same: o Add media pit and additional security to support. o Add a “no chair zone” near front stage as to not block views of those sitting on grass. o Consider revenue share with talent merchandise sales. Sanitation & Resource Recovery: The number of portable units and areas of deployment were adequate for the event size and duration. The Walking Mountains Green Team and TOA volunteers did an amazing job! Areas of improvement include: • Resource Recovery: Final diversion rates not yet available. • Communication to audience before and during event regarding responsibility for their trash and recycling. There was a lot of trash just left on the grounds post event. • Additional Zero Hero tents are needed on the north side of the venue. • Better identification of Zero Hero tents with use of “Reduce, Reuse, Recycle” tear drop flags. • Staff found Vail Honeywagon difficult and confusing to communicate with prior to the event; and, experienced much of the same post event. They did not pick up compost dumpster and bins until July 17. 3 | Salute to the USA 2019 – Post Event Review • Trash and recycle dumpsters were full at all locations, compost dumpster was over flowing and larger capacity is needed for west town hall lot. • Portable restrooms capacity: o 90-100% for the beer garden (main athletic field). o 75% of capacity for the beach/lake side of the venue o VIP trailer was at 60% of capacity Medical, Emergency Response & Security: Avon PD, ERFPD and ECPS all do an amazing job setting us up for success should there be a major incident in the venue. The quantity of Avon PD and outside agency personnel should remain the same level moving forward. Areas of improvement include: • Additional hired security personnel at all points of ingress/egress to adequately move the guest through bag check from a guest services standpoint while ensuring all bags are checked; and allow for security personnel to float as needed. • Quality of hired security personnel should be revisited and consider other security vendors. • Fencing and security personnel are needed at the entrance at south west corner of the venue. • Provide internal radio to Security Supervisor; difficult for CASE Manager and Security Supervisor to communicate during event • Reduce size of title sponsor (Berkshire) space along lake shore and add emergency blowout gates to fence line. • Medical responded to medicals between 4:00 – 6:00 p.m. o Two (2) were sent to the Urgent Care in Avon; one (1) for stiches and one (1) for a burn. Transportation & Parking: The addition of direct Avon Shuttle Service from Freedom Park and Eagle-Vail Pool worked well transporting 1,500 people to Avon Station and 600 people back to their origination at a cost of approximately $5,000. • Freedom Park – 93 people • Eagle Vail Pool – 153 • Elk Lot – 471 • Bear Lot – 445 • Walmart – 78 • Rodeo - 261 Areas of improvement include: • Longer timeline for planning, communication and execution of traffic directions and road closures; seemed to be confusion and last-minute changes in the field o Benchmark Road from Avon Road to Avon Station, buses only. Plan for that area was changed throughout the day to accommodate buses. • Avon Recreation Center and Avon Library being open for business created havoc for staff working road closures; very rude, unhappy users of both facilities. One staff member was almost hit by an upset person that couldn’t get to the library who blew through the road closure, hit a barrel and knocked the staff person over. Staff was not able to capture a license plate number. • Addition of a light tower at Lake Street and WBCB for safety of those working traffic control. 4 | Salute to the USA 2019 – Post Event Review WRITTEN REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Eva Wilson, Mobility Director Meeting Date: August 13, 2019 Topic: I-70 COALITION UPDATE BACKGROUND: On January 2004, numerous local governments formed the Interstate 70 Central Mountain Transportation Corridor Coalition (I-70 Coalition) in response to CDOT and Federal Highway Administration’s (FHWA) release of the Draft Programmatic Environmental Impact Statement (PEIS) for the I-70 mountain corridor. The Coalition members, counties and municipalities, came together to discuss transportation planning that could meet current and future needs for a 50-year window. The community leaders also wanted the PEIS plans to minimize environmental impacts and preserve the unique local character of the counties and towns in the corridor. The needs, desires, and values of the communities needed to be reflected in the plans. The Coalition serves as a collective voice for the I-70 Central Mountain Transportation Corridor and adjoining dependent counties and municipalities in addressing transportation issues. They advocate for regionally preferred transportation plans with locally accepted solutions. In addition, the Coalition proactively works with employers, business entities, property owners and local governments to encourage participation and investments in transportation services and programs. Coalition Mission: • To enhance public accessibility and mobility in the I-70 Central Mountain Corridor and adjoining dependent counties and municipalities through the implementation of joint public and private transportation management efforts. Coalition Goals: • Advocate for improvements on the I-70 Mountain Corridor • Active involvement in I-70 plans and processes affecting the I-70 Mountain Corridor • Information sharing and outreach • Travel Demand Management (TDM). UPDATE: The recent I-70 Coalition meeting on July 11, 2019, included several local elected officials and CDOT Leadership. Rep. Julie McCluskie and Rep. Dylan Roberts reviewed their support for the Traction Law, the Hazmat Study Bill and Colorado Proposition CC (Allow State to Retain Excess Revenue for Transportation and Education Measure). Transportation Commissioner Kathy Connell stressed the need for enforcement on the traction law and working with rental car companies for compliance. The new CDOT Executive Director, Shoshana Lew, focused on asset management, maximizing efficiency with the budget and transparency with all their processes. Avon’s Multi-modal efforts were presented…advocated for pedestrians, setting appropriate speed limits (not driven by the 85th-percentile guideline) on I-70 and US6 and installing pedestrian facilities on US 6 to support safety and pedestrian access. ATTACHMENTS: 1. I-70 Coalition Meeting Agenda for July 11, 2019 2. I-70 Coalition Meeting Summary for July 11, 2019 ______________________________________________________________________________________ QUARTERLY MEETING AGENDA July 11, 2019 1:00 – 4:00 p.m. Donovan Pavilion 1600 S Frontage Rd W, Vail, CO 1:00 p.m. Welcome & Introductions – Rick Holman, Meeting Chair 1:05 p.m. Approval of the 1/10/19 Meeting Summary 1:06 p.m. Officer Elections 1:10 p.m. Board of Directors Report  Collaborative Effort Update  High Performance Transportation Enterprise (HPTE) Update 1:20 p.m. CDOT Priorities & New Planning Process Shoshana Lew, Executive Director Rebecca White, Director, Division of Transportation Asset Management and Planning 2:10 p.m. Perspectives from I-70 Corridor Legislators & Transportation Commissioners 2:40 p.m. Eisenhower-Johnson Memorial Tunnel Update Neal Retzer, Tunnel Resident Engineer, CDOT 3:10 p.m. CDOT Project & Corridor Updates William “Fritz” Homann, I-70 Mountain Corridor Operations Manager Steve Harelson, Region 1 West Program Engineer Martha Miller, Region 3 East Program Engineer 3:25 p.m. Colorado State Patrol Update, Master Sergeant Parker 3:35 p.m. New Business  Travel Demand Management (TDM) Update 3:50 p.m. Public Comment (3 minutes per speaker) 4:00 p.m. Adjourn NEXT MEETING: Thursday, October 10, 2019, 1:00-3:00 Silverthorne Library PO Box 4100  Frisco CO 80443 www.i70solutions.org I-70 Coalition Quarterly Meeting July 11, 2019 Donovan Pavilion, Vail, Colorado 1:00-4:00 p.m. ATTENDING: Members 1. Tom Acre, Dillon 2. Kent Brown, Georgetown 3. Nathan Drechsler, Vail Resorts 4. Ben Gerdes, Eagle County 5. Tom Gosiorowski, Summit County 6. Lynnette Hailey, Black Hawk 7. Paul Haseman, Golden 8. Jack Hidahl, Central City 9. Mike Hillman, Idaho Springs 10. Rick Holman, Breckenridge 11. Ryan Hyland, Silverthorne 12. Tom Kassmel, Vail 13. Elisabeth Lawrence, Summit County 14. Nancy Kerry, Frisco 15. Andrew Marsh, Idaho Springs 16. Jean Mikulas, Copper Mountain Resort 17. Amy Saxton, Clear Creek County 18. Matt Scherr, Eagle County 19. Randy Wheelock, Clear Creek County 20. Eva Wilson, Avon Associate Members, Staff, Guests 1. David Aldridge, CSP 2. Karen Berdoulay, CDOT 3. Margaret Bowes, I-70 Coalition 4. Dave Cesark, CDOT 5. Patrick Chavez, CDOT 6. Kathy Connell, CDOT Commissioner 7. Mike Goolsby, CDOT 8. Stephen Harelson, CDOT 9. Joe Haugen, United Companies 10. Karen Hedlynd, CDOT 11. Vanessa Henderson, CDOT 12. Matthew Hogan, Kraemer 13. Fred Holderness, RS&H 14. Fritz Homann, CDOT 15. Miller Hudson, Colorado Maglev 16. Kathryn Hulst, RS&H 17. Paul Jesaitis, CDOT 18. Matt Kirker, Sen. Bennet’s Office 19. Shoshana Lew, CDOT 20. Tim Maloney, Kraemer 21. Rep. Julie McCluskie 22. Dave McReynolds 23. Martha Miller, CDOT 24. Ryan Parker, CSP 25. Neal Retzer, CDOT 26. Rep. Dylan Roberts 27. Tracy Sakaguchi, CMCA I. Welcome and Introductions II. Approval of the 1/10/19 meeting summary The January 10, 2019 quarterly meeting summary was unanimously approved. III. Officer Elections Nancy Kerry made a motion to elect Ryan Hyland as the I-70 Coalition Chair. Lynnette Hailey seconded the motion, all were in favor and the motion carried. Nancy Kerry made a motion to elect Randy Wheelock as the Vice-Chair. Lynnette Hailey seconded, the motion all were in favor and the motion carried. The board of directors elected Tom Acre as the Secretary/Treasurer at its March meeting. IV. Board of Directors Report • Collaborative Effort (CE) Update, Randy Wheelock The CE will meet next on September 25. A subcommittee completed work on a ROD Compliance Matrix to use as a future guide to determine if proposed projects are ROD-compliant. Another subcommittee is working on a plan for the 2020 re-assessment and they are close to having that completed. This work includes developing a list of criteria that the CE should consider in evaluating the purpose and need and if the ROD is still valid. CDOT inform the CE on an ongoing basis on if projects completed to date have had an impact. • High Performance Transportation Enterprise (HPTE) Update, Margaret Bowes Nick Farber has been hired as the new Executive Director. HPTE has been working on an Express Lane Master Plan that consider which corridors might benefit from a future express lane. With the number of toll lanes increasing from currently 68 miles to over 200 by 2020, the organization is planning for policies and staffing that accommodate this growth. HPTE is working on a Parking Lot Study with CDOT to inventory parking lots on the Front Range, including the Dinosaur Lots. V. Perspectives from I-70 Corridor Legislators & Transportation Commissioners Rep. Dylan Roberts sponsored the traction law legislation this last session. Rep. McCluskie sponsored SB32, the Hazmat Study bill. She also carried the De-Brucing bill. Both legislators stated that they value this group and its engagement. There are ongoing discussions about how the state should fund transportation but nothing specific has been identified or defined for the next session. Proposition CC will be on the ballot this fall. This last session saw a $300M infusion into transportation, including some new money dedicated from the General Fund. Commissioner Connell stressed the need for enforcement around the chain and traction law, including making sure rental car companies are complying. She also expressed that the work of the I-70 Coalition’s is so important due to this corridor’s contribution to our tourist economy and the movement of goods and services. Commissioner Hall and the I-70 Coalition commended Commissioner Connell for her many years of work on the Transportation Commission and tireless support for the I-70 corridor, as this is Commissioner Connell’s last official meeting as a commissioner. VI. CDOT Priorities & New 10 Year Development Planning Process Shoshana Lew, Executive Director Rebecca White, Director, Division of Transportation Asset Management and Planning CDOT is looking at how they can get the most that they can out of the existing system and the budget. They will consider all modes in the conversation. They want to focus on asset management like fixing potholes, safety (passing lanes, shoulders, striping) and mobility/congestion reduction. They want to make sure the planning process is transparent and to get grassroots and rural input. To that end, CDOT will host a meeting in every county to hear about priorities big and small. They are also talking to TPRs, MPOs and groups like the I-70 Coalition. They are offering public outreach tools like telephone town halls and online surveys for those that don’t attend public meetings. The I-70 corridor discussions and processes are further along than other parts of the state. This new planning process levels the playing field for parts of the state that haven’t been as organized. What CDOT has been hearing: So far they have heard that road conditions and safety are a top priority. Asset management is a frequently discussed topic. They have also heard that Coloradans want more travel options including intercity transit. Truck parking is a top topic. There are minimal truck parking spots between Dotsero and Idaho Springs. Copper Mountain Resort is willing to park trucks when asked on a case by case basis. Glenwood Springs is the last truck stop through the corridor and finding land for a truck stop is a challenge. Mobility: Bustang has been successful. They will be talking to veterans to hear their concerns and transit needs. CDOT Aviation is cognizant of need to attract affordable fare to regional airports. Issues of cyclists interfacing with traffic and the need for widened shoulders for safety has been brought up a lot. Mobility Hubs would bring transit oriented development and services into one location. Comments from I-70 Coalition Members: • Pavement quality has become so bad that it is a bigger safety issue than shoulder width. And the issue is not just potholes but bridge joints and seams opening up. It was suggested that CDOT should not decouple asset management from safety. • The lack of alternate routes and hazards such as extreme congestion and avalanches results in a serious lack of resiliency through the I-70 mountain corridor. • The I-70 Coalition board has prioritized the Floyd Hill Project that, in addition to adding new capacity, would address safety by replacing a long-deficient bridge. • Speed limits should be evaluated. • The issue of traction requires constant education especially with the many new residents in Colorado. • Multi modal is important, but don’t forget about pedestrians. Pedestrian safety should be considered in safety improvements and when speed limits are established. • It was stated that the current planning process works and it is continually getting better. Director Lew expressed that this new process is not about replacing the TPR process and STAC, but is adding to the conversation. • Clear Creek’s Prospector bus service has been successful and they are looking at expanding. • CDOT is working with Colorado Motor Carriers Association to talk about safety issues. • Towns need to know to engage in CDOT’s county planning meetings. CDOT is working with CML to get this word out. • Community roads aren’t built to handle traffic when I-70 closes down. Resiliency Discussion: The 2014 floods led CDOT to consider the state system’s lack of redundancy and resiliency. GasX avalanche mitigation systems will be considered for additional locations. Steve Harelson of CDOT looks at USGS information every day. Region 3 watches the water level of rivers and has a plan for high water. Vail Pass (due to snow) and Dowd Junction (due to rock fall and accidents) lack resiliency. VII. Eisenhower-Johnson Memorial Tunnel Update Neal Retzer, Tunnel Resident Engineer, CDOT (Presentation) The first EJMT bore was completed in 1973 and EJMT hasn’t had any major renovation since then. The fire suppression system was a successful project. Tunnel Asset Management: The budget for the tunnels is $10M, and $1M of that goes to biennial inspection. Tunnel inspections catch safety issues and are a good starting point for project selection although it is a snapshot during ideal conditions. Asset modeling is an objective way to maintain tunnels but it doesn’t consider ROI. Power consumption at the tunnel is significant at $120K/year. Projects: Ceiling tiles are failing. The walkway that would be used for a public evacuation is damaged. Extensive investment is needed in the tunnel control room. The generator needs to be upgraded as it is original equipment. A water treatment plant is needed. A major need is $25M for liner repair to stop active leaking. Berm and culvert repairs are needed to divert Clear Creek from running through the tunnels. Fans need to be upgraded. A hazmat detection system and an infrared camera that detects very hot vehicles are also needed. The total approximate need is $150M. VIII. CDOT Update Steve Harelson, Region 1 West Program Engineer: They had the groundbreaking for the WB PPSL project this morning with construction starting next week. They plan to keep two lanes open during daytime hours. Next summer we will see more nighttime lane closures. This project will not have as big of an impact to traffic as the EB PPSL did. Loveland Pass will see paving for the next month. Floyd Hill deck locations need some work and will be done during nights next week. The Soda Springs bridge deck was resurfaced. A county road connection from Stanley Road to Fall River is being built to facilitate safer bicycle travel and will be done this year. Martha Miller, Region 3 East Program Engineer: Projects include Glenwood Canyon tunnel work and nightime paving Avon to Vail. The region appreciates that Director Lew found some safety funds to install guardrails. They are working on the feasibility study of Frisco 203 interchange and eastbound auxiliary lane Frisco to Silverthorne. The EA on the Vail Pass Auxiliary Lane is progressing and they have picked a preferred alternative for that project. Fritz Homann, I-70 Mountain Corridor Operations Manager – Fritz met with FHWA, CMCA, and CSP to talk about hot brakes. They are looking at preventative measures, education and enforcement. Mobile brake checks at ports of entry are also being considered as is more aggressive outreach to the trucking industry. They are working on maximizing internal and external communications. The new passenger vehicle traction law implementation will be a focus in the coming months. They are working on incident management plans with corridor counties. IX. Colorado State Patrol Update, Major David Aldridge Truck parking is a safety issue. It is important to note that trucks are vitally important to the economy. Education of truck drivers is paramount as is chain law compliance. Enforcement of hot brakes comes with challenges as making those drivers stop can cause them to loose breaks. CDOT does a great job keeping CSP informed. CSP is also working with other states to learn where these trucks are coming from and targeting education there. Some truckers can’t shelter in place so a truck stop in the corridor is needed. It will require communities to approve a truck stop amidst valuable real estate. The Major highlighted the great partnership they have with municipalities and CDOT. CSP can’t be everywhere all the time and with this historical past winter it took lots of collaboration. He stressed that we can’t forget about side roads because it is critical to their ability to convert traffic when the major routes shut down. Redundancy is critical. He thanked Director Lew for attending this meeting and listening to the concerns and issue from this corridor. He requests we remind community members to give troupers a safe distance to do their work. XI. New Business Travel Demand Management Update • CDOT is interested in exploring partnerships with resorts on direct Denver-to-resort bus service this next winter. The I-70 Coalition has been facilitating initial discussions and there appears to be strong interest from a number of resorts. • We have long recognized the need for some kind of carpool platform targeted towards the I-70 recreational traveler. The Gondola app, which had some success two winters ago, was sold and is being re-tooled. We are excited about the potential of this carpool app. We have talked to corridor resorts about Gondola and there is very strong interest. It will be ready to launch in advance of next winter and the I-70 Coalition and TDM Committee will actively support a public information campaign around the launch. Other Updates Matt Kirker of Sen. Bennet’s office stated that Sen. Bennet wants to find a bi-partisan way to figure out new infrastructure planning and protocols and determine how we prioritize and spend wisely the billions dollars of needs. They recognize that I-70 use will only increase and it needs attention. His office commends the efforts of this group and other groups like it working towards solutions. XII. Public Comment Karen Hedlynd worked on passenger rail during Obama administration and has a second home here in the Vail Valley. She thinks it is time to bring a train to the mountain corridor. Climate change needs to be considered, especially when considering transportation. Rail is a fraction of the emissions compared to vehicles, it is the safest form of transportation and provides great resiliency. After 30 years of discussion about rail, she believes it is time to get serious about this. She encourages this group to re-up the enthusiasm for high speed transit. Meeting adjourned at 3:50 p.m.