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TC Packet 10-22-2019 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, OCTOBER 22, 2019 MEETING BEGINS AT 4:00 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, AVON R ECREATION CENTER, AND AVON PUBLIC LIBRARY I F YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON .ORG WITH ANY SPECIAL REQUESTS. 1 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA O N PAGE 4) 1. CALL TO ORDER AND ROLL CALL 4:00 2. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEI VING LEGAL ADVICE UNDER C.R.S. §24‐6‐402(2)(B ) CONCERNING EXPANDED POLYSTYRENE REGULATIONS 3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING 5:00 4. ACTION TO RESUME THE PUBLIC MEETING 5:05 5. APPROVAL OF AGENDA 5:05 6. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 7. PUBLIC COMMENT – COMMENTS ARE W ELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WIS HING 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 8. BUSINESS ITEMS 8.1. PUBLIC HEARING : SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN MANAGER ERIC HEIL) (45 MINUTES) 5:15 • STAFF PRESENTATION – 10 MINUTES • DISCUSSION/COUNCIL Q&A – 20 MINUTES • PUBLIC COMMENT – 15 MINUTES • COUNCIL ACTION 8.2. PRESENTATION: SWEARING IN AND BADGE PINNING CEREMONY FOR POLICE OFFICER COLLEEN GASPARD (POLICE CHIEF GREG DALY) (15 MINUTES) 6:00 8.3. PRESENTATION: NATIONAL NIGHT OUT COMMUNITY AWARDS (POLICE CHIEF GREG DALY) (20 MINUTES) 6:15 8.4. PRESENTATION: COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES ASSESSMENT (POLICE CHIEF GREG DALY) (15 MINUTES) 6:35 8.5. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK A BEAVER CREEK SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS ) (25 MINUTES ) 6:50 • STAFF PRESENTATION – 10 MINUTES • DISCUSSION/COUNCIL Q&A – 10 MINUTES • PUBLIC COMMENT – 5 MINUTES • COUNCIL ACTION AVON TOWN COUNCIL MEETING AGENDA TUESDAY, OCTOBER 22, 2019 MEETING BEGINS AT 4:00 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, AVON R ECREATION CENTER, AND AVON PUBLIC LIBRARY I F YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON .ORG WITH ANY SPECIAL REQUESTS. 2 8.6. PUBLIC HEARING: FIRST READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND V ESTED RIGHTS EXTENSION FOR LOT 1, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER ) (30 MINUTES ) 7:15 • STAFF PRESENTATION – 5 MINUTES • APPLICANT PRESENTATION – 10 MINUTES • DISCUSSION/COUNCIL Q&A – 15 MINUTES • PUBLIC COMMENT – 5 MINUTES • COUNCIL ACTION 8.7. APPROVAL OF MINUTES FROM OCTOBER 10, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 7:45 9. W RITTEN REPORTS 9.1. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS ) 9.2. ABSTRACT FROM OCTOBER 15, 2019 PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER ) 10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 7:50 11. EXECUTIVE SESSION FOR THE PURPOSE OF D ISCUSSING SECURITY ARRANGEMENTS PURSUANT TO C.R.S SEC. 24-6 - 402(4)(D ) (POLICE CHIEF GREG DALY) 8:00 12. 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 o n 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 i tem, 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: October 30, 2019 - COUNCIL BUDGET RETREAT November 12, 2019 - PRESENTATION: PROCLAMATION HONORING COLORADO GIVES DAY - W ORK SESSION: MARKETING PLAN AND ACTIVITIES - PUBLIC HEARING: SECOND READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK A BEAVER CREEK SUBDIVISION - PUBLIC HEARING: SECOND READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS EXTENSION FOR LOT 1, RIVERFRONT SUBDIVISION - FIRST READING ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, OCTOBER 22, 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, AVON R ECREATION CENTER, AND AVON PUBLIC LIBRARY I F YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, 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 W ELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERS ON 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: Walking Mountains Science Center Event Name: Fright at the Museum Event Date: October 26, 2019; 12:45 p.m. until 5:15 p.m. Location: 318 Walking Mountains Lane Event Manager: Paul Abling Permit Type: Malt, Vinous & Spirituous Liquor 5. APPROVAL OF THE MINUTES FROM OCTOBER 10, 2019 MEETING 6. W RITTEN REPORT 6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 7. ADJOURNMENT Special Event Liquor Permit – Fright at the Museum P a g e | 1 LIQUOR LICENSING AUTHORITY REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Liquor Licensing Authority Secretary Meeting Date: October 22, 2019 Agenda Topic: PUBLIC HEARING for Special Event Permit Application – Fright at the Museum 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 Fright at the Museum special event. A public hearing is required before final action is taken. Applicant Name: Walking Mountains Science Center Event Name: Fright at the Museum Event Date: October 26, 2019; 12:45 p.m. until 5:15 p.m. Location: 318 Walking Mountains Lane Event Manager: Paul Abling 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 Fright at the Museum special event on October 26, 2019.” SUMMARY The Applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. The 318 Walking Mountains Lane 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 background checks indicated no criminal violations. The Applicant has submitted the appropriate local liquor license special event permit application fees. The Applicant is a Charitable Organization in good standing with the Secretary of State, State of Colorado. The Applicant has provided adequate proof of commercial liability insurance that meets the Town’s requirements. 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 nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits per calendar Special Event Liquor Permit – Fright at the Museum P a g e | 2 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 THURSDAY, OCTOBER 10, 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 5:01 p.m. A roll call was taken and Board members present were Amy Phillips, Scott Prince, Tamra Underwood, Chico Thoun and Jake Wolf. Board member Jennie Fancher was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Deputy Town Manager Preston Neill and Secretary Brenda Torres. 2. APPROVAL OF AGENDA Board member Underwood moved to approve the agenda, as presented. Vice Chairwoman Phillips seconded the motion and the motion passed unanimously by board members present. Board member Fancher was absent. 3. PUBLIC COMMENT No public comments were made. 4. REPORT OF CHANGES – MODIFICATION OF PREMISES 4.1. APPLICANT: DILLON COMPANIES LLC D/B/A CITY MARKET #26 LOCATION: 0072 BEAVER CREEK PLACE APPLICANT: THOMAS SULLIVAN -VICE PRESIDENT Chairwoman Smith Hymes opened the public hearing and no comments were made. The manager of City Market #26, Jeff Gentilini, answered several questions posed by Board members. Board member Underwood moved to approve the Modification of Premises Application for Dillon Companies LLC d/b/a City Market #26. Board member Wolf seconded the motion and the motion passed unanimously by those present. Board member Fancher was absent. 5. APPROVAL OF THE MINUTES FROM AUGUST 27, 2019 MEETING Board member Underwood moved to approve the minutes from the August 27, 2019 Liquor Licensing Authority Meeting. Vice Chairwoman Phillips seconded the motion and the motion passed on a vote of 6 to 0. Board member Fancher was absent. 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 5:12 p.m. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES THURSDAY, OCTOBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 Page 2 RESPECTFULLY SUBMITTED: ____________________________________ Brenda Torres, Secretary 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: October 22, 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 new criminal activity on the background and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days and Special Event Permits for ten 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 October 10, 2019, the Town has received three Renewal Applications and one Report of Changes of Corporation Structure 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: Renewals: Applicant: Vail Valley Mexican Foods LLC d/b/a Agave Location: 1060 E Beaver Creek Blvd Type: Hotel & Restaurant Manager: Richard Wheelock Applicant: Sauce on the Creek LLC d/b/a Sauce on the Creek Location: 0101 Fawcett Road #100 Type: Hotel & Restaurant Manager: Deb Applegate Applicant: Avon Properties Leasing LLC d/b/a Village Warehouse Wines Location: 0101 Fawcett Road #130 Type: Liquor Retail Store (City) Manager: Peter Cuccia Modifications: Applicant: Avon Properties Leasing LLC d/b/a Village Warehouse Wines Location: 0101 Fawcett Road #130 Type: Liquor Retail Store (City) Manager: Peter Cuccia Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption October 18, 2019 Page 1 of 2 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: October 18, 2019 SUMMARY: Ordinance No. 19-05 is presented to Council for consideration and review on second reading. Council provided direction at its September 10, 2019 Council meeting on various terms and conditions for an increased primary residence exemption. In order to enact the complete list of terms proposed by Council a third exemption is presented (3.12.060(19)). Due to the constraints of TABOR, a consolidated and simplified exemption is not possible because Town cannot add restrictions to the existing two primary residence exemptions. TERMS OF EXEMPTION: • Maximum Residence Price: The increased exemption is limited to residences which do not exceed total consideration of $960,000. This number is proposed to be somewhat generous above the median income with the ability to include full-family sized residences. $960,000 is a multiple of $160,000. Council may wish to consider a different maximum home price amount for the increased exemption. The Community Housing Plan does not provide clear guidance on a maximum home price, above which public assistance through increased RETT exemption would not facilitate affordability. • Eagle County Employee not required: Applicants for the increased exemption are not required to meet the definition of “Eagle County Employee;” rather, they are only required to occupy and use the residence as a primary residence. • Revision to Definition of Primary Residence: The definition of “Primary Residence” is revised to state that the primary resident may offer short-term rental of portions of the residence or individual bedrooms provided that such person continues to occupy the residence as a primary residence. The definition of “Primary Residence” was also modified to add clarity to the Town Manager’s authority to verify actual occupancy with additional language to state that the Town Manager has authority to take into account, “. . . and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence.” • Promissory Note: Language was modified to specify 8% interest (the statutory default rate); to state that the residence must be occupied and used as a primary residence for at least 3 years; and to state that the lien and promissory note do not establish any maximum amount of the consideration for a residence to qualify for the increased exemption. • Buyer and Seller: The exemption states that the exemption applies to the transfer tax paid by both buyer and/or seller. Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption October 18, 2019 Page 2 of 2 ADMINISTRATION AND IMPLEMENTATION: Based on the limited comments received from title companies, I believe this increased exemption with the proposed terms and conditions should be as easy to interpret and administer for title companies and banks as the current exemptions. The promissory note and lien are subordinate to any first mortgage and deed of trust. The increased exemption is not limited to the amount paid by the Buyer, which should simplify incorporation of the exemption on closing sheets. The only odd consequence I foresee to note is that the Buyer is required to accept the promissory note and lien for the full RETT Exemption amount (and risk of repayment), which will be more than the Buyer’s share when the Buyer and Seller split the exemption. If the RETT Exemption promissory note and lien become triggered and due, then the Buyer would be penalized by having to pay the portion of the RETT Exemption that was allocated to the Seller. However, the revised terms and conditions allow for sale of the property at any time without triggering the RETT Exemption to become due; therefore, the only circumstance when the RETT Exemption would become due is when the Buyer fails to occupy and use the residence as a primary residence during the first three years of ownership. IMPACT TO CAPITAL IMPROVEMENTS FUND: Any increase in the exemption for primary residences will reduce revenues for the Capital Improvements Plan. A draft Capital Improvements Plan was presented to Council at the September 10, 2019 Council meeting. The increase of the existing $160,000 exemption to the $400,000 exemption is expected to decrease the RETT revenues (and corresponding Capital Improvements Project revenues) by $312,000 per year. OPTIONS: A recommended option for consideration at the September 10, 2019 Council meeting was to increase the RETT Exemption a modest amount to $240,000; then adopt a simplified and consolidated single primary residence RETT Exemption that did not include a maximum home price cap, did not require meeting the definition of Eagle County employee, and did not increase the required use and occupancy from one year to three years. This approach only works well if the RETT Exemption increase is modest and the qualifying requirement is limited to primary residence occupancy and use for one year. RECOMMENDATION: I am comfortable that the ordinance as presented for second reading would implement Council’s policy goal to increase the RETT Exemption for primary residences while clarifying Town’s authority to verify and investigate actual occupancy and use as a primary residence and would not increase the complexity of title companies, banks, real estate brokers, buyers and sellers to interpret and apply this increased RETT Exemption and the associated applications. I would further recommend that Council consider setting the increased RETT Exemption at $240,000 due to the impact to the Capital Improvements Fund, and then evaluate whether to increase this amount in a future year. Thank you, Eric ATTACHMENT A: Ordinance 19-05 ATTACHMENT B: Ordinance 19-05 COMPARED to prior version ATTACHMENT C: July 9, 2019 Town Manager Report ATTACHMENT D: Avon Community Housing Plan - 2018 Ord. 19-05 October 22, 2019 SECOND READING Page 1 of 5 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 (“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, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the 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, a public hearing was held on September 10, 2019, then continued to October 12, 2019, then continued to October 22, 2019; 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 3.12.020 – Definitions. Section 3.12.020 of the Avon ATTACHMENT A: Ord No 19-05 Ord. 19-05 October 22, 2019 SECOND READING Page 2 of 5 Municipal Code is hereby amended to repeal and re-enact the definition of “Primary Residence” to read as follows: 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; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence. For purposes of subsection (17)-(19), 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. A person who receives an exemption for purchase of property as a primary residence shall be permitted to short-term rent portions of the residence provided that such person continues to occupy and use the residence as a primary residence. Section 3. 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 3.12.060, a qualified purchaser may exempt [ TWO HUNDRED AND FORTY THOUSAND TO FOUR HUNDRED THOUSAND DOLLARS ($240,000.00 - $400,000.00)] 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. The total consideration paid for the residence in the conveyance does not exceed nine hundred and sixty thousand dollars [$960,000.00]; 2. An affidavit 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); 3. A promissory note in the amount of the total exempted tax otherwise owing, whether paid by buyer and/or seller, together with interest accruing at the rate of eight percent (8%), 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 ATTACHMENT A: Ord No 19-05 Ord. 19-05 October 22, 2019 SECOND READING Page 3 of 5 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 the applicant’s primary residence at any time after establishing initial occupancy during the three (3) year period 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, provided that the tax due and the promissory note shall be released if the property has been occupied and used by the applicant in compliance with this sub-section (19) and the residence is sold by the applicant; and 4. The exemption applies to the transfer tax paid by the buyer and/or seller in proportion to the amounts of transfer tax paid by buyer and seller or as may be allocated between buyer and seller by written agreement.” Section 4. 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 5. 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 6. 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 unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The 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. ATTACHMENT A: Ord No 19-05 Ord. 19-05 October 22, 2019 SECOND READING Page 4 of 5 Section 9. 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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 13, 2019 and setting such public hearing for September 10, 2019 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on October 22, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney ATTACHMENT A: Ord No 19-05 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, a public hearing was held on September 10, 2019, then continued to October 12, 2019, then continued to October 22, 2019; 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 3.12.020 – Definitions. Section 3.12.020 of the Avon ATTACHMENT B: Ord. No. 19-05 COMPARED Municipal Code is hereby amended to repeal and re-enact the definition of Eagle County Employee and the definition of Primary Residences“Primary Residence” to read as follows: Eagle County Employee means a person whose primary residence at the time of purchase of the property subject to the tax imposed by this Section 3.12 is located within Eagle County and who 1) works an average of at least thirty (30) hours per week on an annual basis or 2) is a retired individual, sixty years (60) 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.; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and use the residence as a primary residence. For purposes of subsection (17)-(19), 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. A person who receives an exemption for purchase of property as a primary residence shall be permitted to short-term rent portions of the residence provided that such person continues to occupy and use the residence as a primary residence. Section 3. 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 3.12.060, a qualified purchaser may exempt four hundred thousand dollars [$400,000.00][ TWO HUNDRED AND FORTY THOUSAND TO FOUR HUNDRED THOUSAND DOLLARS ($240,000 - $400,000.00)] 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. a. An application for exemption is filed with the Finance Department, which application is accompanied by: 1. 1. The total consideration paid for the residence in the conveyance does not exceed nine hundred and sixty thousand dollars [$960,000.00]; 2. 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 ATTACHMENT B: Ord. No. 19-05 COMPARED 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 3. 2. A promissory note in the amount of the total exempted tax otherwise owing, whether paid by buyer and/or seller, together with interest accruing at the rate hereinafter provided,of eight percent (8%), 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 herthe applicant’s primary residence withinat any time after establishing initial occupancy during the three (3) yearsyear period 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, provided that the tax due and the promissory note shall be released if the property has been occupied and used by the applicant in compliance with this sub- section (19) and the residence is sold by the applicant after one (1) year; and 4. 3. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the /or seller in proportion to the amounts of transfer tax that the seller agrees to pay in the transactionpaid by buyer and seller or as may be allocated between buyer and seller by written agreement.” Section 4. 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 5. 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 6. 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 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. ATTACHMENT B: Ord. No. 19-05 COMPARED Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The 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 9. 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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 13, 2019 and setting such public hearing for September 10, 2019 at the Council Chambers of the Avon Town Hall, located at 100 MikelaMikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 10October 22, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ATTACHMENT B: Ord. No. 19-05 COMPARED 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: July 1, 2019 SUMMARY: Ordinance No. 19-05 is presented to Council for consideration and review on first reading. 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. 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 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 ATTACHMENT C: July 9, 2019 Report 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. 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 ATTACHMENT C: July 9, 2019 Report (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 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 ATTACHMENT C: July 9, 2019 Report Town of Avon Community Housing Plan December 2018 Prepared by Willa Williford ATTACHMENT D: Avon Community Housing Plan -2018 2 The Town of Avon seeks to build upon a long history as a high amenity year-round resort community, strength- ening its vibrant and inclusive community culture. The current Comprehensive Plan sets the vision for diverse and exciting opportunities for residents, businesses, and visitors. The current housing market, which offers very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. The potential community benefits of increasing workforce housing efforts to include: More housing choices;• Increased economic stability and a more active year-• round economy for local residents and businesses; Greater ability to retain individuals and families • throughout life and career phases, strengthening the sense of community, opportunity, and quality of life; Further the goals of the Climate Action Plan by reducing • single occupant vehicle commuting; and Greater opportunities for arts and culture to thrive.• Introduction Goals & Objectives The Comprehensive Plan sets two housing goals (each with numerous supporting policies): Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all • segments of the population. Coordinate with neighboring communities to provide an attainable housing program that incorporates • both rental and ownership opportunities, affordable for local working families. “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” - TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017 ATTACHMENT D: Avon Community Housing Plan -2018 3 Goals and Objectives of this Housing Plan are as follows: 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. • When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level. Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are • occupied by year-round residents. Stabilize or increase the percentage of Eagle County working residents Avon. • Seek to add deed restricted units to the inventory in the short term.• Strengthen regional partnerships with other communities and entities (i.e. Habitat for Humanity, Eagle • County, other municipalities) to make projects happen. As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase • housing serving the local year-round population. Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects • and housing stock in the mid-valley; appendices may be updated by Resolution. The Need Since the end of the recession, jobs and population have been growing much more rapidly than housing inventory, creating many challenges: Frustration for locals seeking housing;• Employers facing unfilled positions, turnover, higher training costs, and lost productivity; • Precipitous increases in home prices, well beyond the means of most local residents; • Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and• Negative impacts on individuals and families, who are spending a disproportionate amount of their in-• come on housing, commuting long distances, and living in locations or situations that are not sustainable for the long term. Median price for all dwelling units sold in Avon in 2017 was $438,000. Condominiums accounted for 71% of these sales, with a median price of $358,500. The median price for single family dwellings, duplexes and townhomes was $850,000. The price affordable to a median income family is less than half than that, at about $316,000. Only four dwelling units were on the market for $316,000 or lower in early 2018. The rental market is similarly challenging: vacancy rates have been approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River Valley. ATTACHMENT D: Avon Community Housing Plan -2018 4 Strengths & Assets Avon can build on existing assets and previous housing initiatives: An inventory of 670 price-controlled housing units, 63 of which are deed restricted for sale units that • were a result of successful PUD negotiations; An Affordable Housing Fund balance of $675,000. As the Housing Fund increases, the additional fund • should be leveraged to meet the goals of the plan; A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale • units; Employee housing mitigation requirements for some new commercial development;• History of regional collaboration with public sector, non-profit and private sector on housing issues;• Significant opportunities for development and redevelopment, with water rights, transit access, and • existing available density on vacant and underutilized private parcels; Commercially zoned land that may also be appropriate for residential development; and• Adopted Comprehensive Plan, which sets housing as top policy priority.• To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling units will be required by 2020. In mid-valley, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed. Subsidies or public/private partnerships are anticipated to be required for the majority of these dwelling units to be financially feasible and affordable to local employees. Avon and the mid-valley are highly desired locations for local households. In a recent survey of Eagle River Valley households, 40% of renters and 39% of owners selected mid-valley as their first choice for where they want to live. The challenges with regard to housing need are significant. With this Plan, the Town of Avon is setting goals, objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be used to leverage opportunities and create partnerships. ATTACHMENT D: Avon Community Housing Plan -2018 5 Tools & Strategies In order to achieve these goals and objectives, the following tools and strategies should be pursued. Tools and strategies are organized into three categories: Housing Development and Retention, Funding, and Housing Policy. A timeline for implementation is included in Appendix A. Housing Policy The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable for local housing. The Town has a strong track record in including employee housing in PUD approvals. The Town will continue to encourage, and, in some instances, require local housing in new planning approvals. Initiatives to update and strengthen housing policies will include: Review existing code for opportunities to increase the year-round occupancy of the existing housing • stock, including consideration of short term rental, accessory dwelling units, and lock-off incentives and regulations. Update mitigation/linkage policies• to be more proactive in addressing housing needs. Current policies are limited to very narrowly defined locations and development requests, and the current mitigation rate is low compared with peer communities. Consider implementing an • inclusionary housing policy. Inclusionary housing was considered in the 2010 code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable to locals. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to better understand how the two tools complement each other, support policy goals, and maintain a level playing field for commercial and residential development. Conduct a • comprehensive review of fees associated with new construction and formalize a fee waiver/ reimbursement process for new housing that meets the goals of the plan. Housing Development and Retention A top priority is pursuing housing development on Town owned land. Two parcels, identified in the Town of Avon Properties Plan, are appropriate to move forward with housing development in the next three years. These sites are Wildwood and Swift Gulch. This Plan is recommending that public outreach and feasibility analysis for Wildwood move forward this year. Preliminary analysis for Swift Gulch can begin when there is a clear path forward for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be developed through public/private partner- ships. Two strategies have been identified to preserve market rate attainable housing that is currently at risk of being lost to locals through rapid price increases and/or redevelopment. The first strategy is to “buy-down” ATTACHMENT D: Avon Community Housing Plan -2018 6 Funding Local funding is a key ingredient to building and maintaining housing units. Investing (or “leveraging”) local funds is essential to attracting the outside funding sources such as grants, loans, tax credits and pri- vate investments that, when combined, make housing development financially feasible. Currently, the Avon Housing Fund has a balance of about $675,000. It is anticipated that those funds will be invested in the efforts outlined in this Plan, and that additional funds will be needed moving forward. A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine if additional funds can be directed to housing efforts through the annual budgeting process. This review will begin at the end of 2018. Depending on the outcome of the first step, the second step will be to seek oppor- tunities for new funding sources, which could include approaches such as increased linkage fees, regional collaboration, and/or support for a local ballot initiative. Public/private partnerships are also a funding strat- egy, generating potential access to grants, below market loans, and resources such as the Low Income Hous- ing Tax Credit. The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies, seek opportunities to participate in regionally significant housing developments beyond Town boundaries, and participate in employer forums, and be an advocate for other regional initiatives. attainable market rate units and preserve their affordability with a permanent deed restriction. Nearby precedents for this approach include Vail InDEED and Eagle Valley Ranch. This is a homeownership strat- egy. The second strategy is to explore mechanisms such as mobile home preservation, acquisition, and right of first refusal to preserve properties that currently house locals. A right of first refusal creates the opportunity for the Town to purchase and preserve these assets, if the owner decides to sell and the Town decides the property is a priority and is able to secure finance timely. This is a mobile home and multi- family housing strategy. This program development is anticipated to begin in 2019. Investing in maintenance of current inventory of deed restricted housing is an important component of housing development and retention. Much of the affordable rental housing inventory has recently been renovated, however, the homeownership inventory is in need of capital planning and reinvestment. The Town of Avon has recently contracted with The Valley Home Store to assist with compliance monitoring and re-sale of deed restricted properties. The next phase of this effort will be to conduct a capital needs assessment of the home ownership assets and make a plan for funding and implementing capital improve - ments. This effort is anticipated to begin in 2020. Cultivating additional public/private partnerships for housing are additional strategies that will be on- going. Collaborative efforts with Eagle County, other municipalities, and local employers are imperative when fostering new opportunities for housing development and retention. ATTACHMENT D: Avon Community Housing Plan -2018 7 Investment Criteria As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate opportunities based on the following criteria: Does the program or project meet the goals and objectives of the Comprehensive Plan and this Housing 1. Plan? Does the investment fill a gap that would otherwise keep the proposed program or project from moving for-2. ward? Does the program or project encourage resource conservation, energy efficiency and sustainable develop-3. ment? Does the location offer access to multi-model transportation options and other services? Is there participation from other regional partners, public and/or private?4. ATTACHMENT D: Avon Community Housing Plan -2018 APPENDIX A: AVON COMMUNITY HOUSING PLAN -WORK PLAN Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec DEED RESTRICTED UNIT INVENTORY - CAPTIAL ASSESSMENT Lead Determine Management & Capital Reserves for key properties Planning Report to Council on Findings Planning/Council Partner with HOAs to complete HOA Reserve Studies Planning FORMALIZE FEE WAIVER PROGRAM FOR WORKER HOUSING Review Town of Avon building and planning fees Planning Formalize Fee Waiver Program Council CODE AMENDMENTS - ADUs, STRs, INCLUSIONARY ZONING Review current and previous ordinances and calculations Planning Conduct outreach Planning Revise and recommend adoption PZC Consider for Adoption Council WILDWOOD HOUSING PROJECT Conduct Feasibility Planning/Engineer Report to Council on Findings* Planning/Engineer REVIEW REVENUE STREAMS & EVALUATE FUND CONTRIBUTIONS Include annual allocation for housing in budget process Finance Approve fund transfers each year during budget approval Council PARTICIPATE IN REGIONAL STUDIES, SITE ANALYSIS, FORUMS Planning CULTIVATE PUBLIC-PRIVATE PARTNERSHIPS Manager *18 months estimated to select partner(s), entitlements, financing, and construction. ATTACHMENT D: Avon Community Housing Plan -2018 APPENDIX B – Definitions and Best Practices Topic Definition Best Practices Inclusionary Housing A percentage of residential units in new subdivisions/PUDs are workforce housing. Market homes support workforce units. Only effective if new subdivisions/PUDs are developed/ redeveloped. Carbondale, Eagle, Eagle County, San Miguel County Linkage/Mitigation Requiring new residential and/or commercial development to contribute to workforce housing relative to demand generated by the new construction. For residential, mitigation rate often increases with house size, and deed restricted units are typically exempt. Fees in lieu provides revenue stream that fluctuates with building activity. Documented relationship between fee and impact required. Telluride, Aspen, Mt. Crested Butte Fee Waivers Water/sewer tap fees, building permit or other fees waived in part or whole to reduce cost to build affordable housing. General funds or other source need to cover cost of fees waived. Breckenridge, Crested Butte Dedicated Funding Source Funding is a core component of building housing and running successful housing programs. Few programs begin with funding; rather finding funding is an incremental process that goes hand in hand with creating goals and objectives, developing policies, securing appropriate land for housing, and moving forward with public/private partnerships. Dedicated funding sources take many forms including grants, fee in lieu payments, taxes, voluntary assessments, proceeds from rents or sales. Summit County, Steamboat Springs, Crested Butte, Aspen, Telluride Public/Private Partnerships Partnering with developers to build attainable units, typically on publicly-owned sites, or using other public resources such as property tax exemption. RFQ/RFP process effective for selecting development partners. Ownership of land can be retained with long-term land leases. Eagle County, Vail, Breckenridge, Boulder Land Banking Acquiring land for eventual housing development when specific project is not known. Summit County, Vail, Boulder County, Breckenridge, Telluride Buy Down of Market Homes Usually involves buying down units with public funds. Deed restrictions imposed for permanent affordability. Inability to obtain condo mortgages can result in units being rented. Public sector purchases can drive up prices for low-end market units. Breckenridge, Telluride, Whitefish MT No Net Loss Policy Requiring replacement of housing occupied by the workforce when redevelopment occurs. Similarly-priced units should be replaced on site or another site, or a fee- in-lieu of replacement could be allowed. Boulder, Basalt ATTACHMENT D: Avon Community Housing Plan -2018 APPENDIX C - Area Median Income for Eagle County 2018 Area Median Income for Eagle County, 2018 Household Size 1 2 3 4 5 6 AMI Classifications Extremely Low (30% AMI) $18,270 $20,880 $23,490 $26,070 $28,170 $30,270 Very Low (50% AMI) $30,450 $34,800 $39,150 $43,450 $46,950 $50,450 60% AMI (LIHTC max) $36,540 $41,760 $46,980 $52,140 $56,340 $60,540 Low (80% AMI) $48,720 $55,680 $62,640 $69,520 $75,120 $80,720 Median (100% AMI) $60,900 $69,600 $78,300 $86,900 $93,900 $100,900 Moderate/Middle (140% AMI) $85,260 $97,440 $109,620 $121,660 $131,460 $141,260 Upper (200% AMI) $121,800 $139,200 $156,600 $173,800 $187,800 $201,800 Source: CHFA Affordable Home Price Calculation by AMI, 2018 AMI % 30% 60% 100% 140% 200% Household Income – 3 persons $23,490 $46,980 $78,300 $109,620 $156,600 Affordable Purchase price Affordable monthly payment (30%) $587 $1,175 $1,958 $2,741 $3,915 Principal & interest (80% of pmt) $470 $940 $1,566 $2,192 $3,132 HOA, taxes, insurance (20% of pmt) $117 $235 $392 $548 $783 Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00% Max mortgage $47,515 $175,030 $291,717 $408,404 $583,434 Max Affordable Price -5% down $92,000 $184,00 0 $307,00 0 $430,000 $614,000 Affordable Rent $587 $1,175 $1,958 $2,741 $3,915 Affordable purchase prices were calculated assuming that a household would have 5% for a down payment, and would qualify for a loan at 30% of their monthly income. HOA, property taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed rate mortgages. Interest rates are rising, however, and will have a profound impact on housing affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price for a median income household by $30,000 to $35,000. ATTACHMENT D: Avon Community Housing Plan -2018 Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: October 22, 2019 Agenda Topic: Swearing in and Badge Pinning Ceremony for Officer Colleen Gaspard Swearing In and Badge Pinning Ceremony Tonight, we will join Officer Collen Gaspard and her family as she takes her oath as Avon’s newest Police Officer and receives her badge. Officer Gaspard previously worked as a police officer for the Town of Eagle and for the City of Loves Park in Illinois. Officer Gaspard is also a United States Army veteran. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority and trust with our community. Mayor Smith Hymes will preside over the swearing-in. The Oath of Office will be administered by Deputy Town Clerk Kendall Moore. Officer Gaspard’s daughter Isabelle will pin her badge. Congratulations to Officer Gaspard. Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: October 22, 2019 Agenda Topic: RECOGNITION OF COMMUNITY MEMBERS/ORGANIZATIONS/ BUSINESSES FOR SUPPORT OF NATIONAL NIGHT OUT SUMMARY Honorable Mayor and Council, we are delighted to have the opportunity to present the Chief’s Community Partnership award to community members, organizations and businesses for their phenomenal support of our annual National Night Out activities in August. Attached is a PowerPoint we will present during Tuesday’s Council meeting. BACKGROUND For the last 13 years, the Avon Police Department has participated annually in National Night Out with the Avon community on the first Tuesday of every August. This year, the department continued to host the community parties in four neighborhoods; The Aspen’s Mobile Home Park, Avon Elementary School, Eaglebend Apartments and O’Neil Spur Park in Wildridge. Avon PD leads the county in the number of community parties that we host. This event is significant in continuing to strengthen relationships between the Town of Avon, the Avon Police Department and our community. It is also an opportunity to interact with neighbors, friends and area first responders. National Night Out was developed with an emphasis on the vital importance of police-community partnerships and citizen involvement to reduce crime and improve neighborhood safety. The Avon Police Department has been successful in our National Night Out activities because of the generous giving of local businesses and community members. This year, Chief Daly and his team are honored to recognize several businesses and community members in front of Avon Town Council for their continued support and/or significant giving over the last 13 years. Many other members of the community have supported National Night Out and our staff at the Avon Police Department wishes to thank them as well. Tonight, we honor the following individuals and organizations. Not all the mentioned individuals or organizations can attend tonight but we will ensure that they receive an Avon Police Department community appreciation certificate on behalf of the Town of Avon. . ➢ Chef Adam and Elli Roustom for amazing food ➢ Carlos Enrique Chavez- Margarite’s son who assisted planning, shopping and set up ➢ Castaneda’s Mexican Market for year in year out donations ➢ City Market Avon for donation Page 2 of 2 ➢ Jeff Stair, Property Manager, Polar Star for Eagle Bend Apartments for outstanding leadership and support ➢ Polar Star/Eaglebend Apartments property management staff for excellent team effort ➢ Edgar Arroyo, DJ and Brenda Torres husband ➢ FirstBank Avon staff for donation ➢ Jordan "Superman" Lyles, KSKE Radio, All Mountain Time ➢ Gretchen Pleshaw, DJ for Lift FM ➢ Juan Manuel Fregoso, DJ ➢ Kim Greene, Vail Health, keeping our kids with her hundreds of bike helmets distributed ➢ Wells Fargo Avon staff for volunteering at the event We also recognize all of the other businesses, organizations and individuals for their support of this great community event; Alpine Bank, Aspens, Avon Bakery, Avon liquor, Banglz Salon - Designs by Christopher, Beaver Liquors, Bob's Place, Columbine Bakery, Dazzle Nails, Domino’s Pizza, ERYC/ Mountain Youth, Fiesta Jalisco Restaurant, Foods of Vail, Gondola Pizza, Green Elephant, Home Outfitters, Jazzy Nails, Jeff Schiro Painting, Kiwi, Lovely Nails, Mountain massage, Nest Furnishings, Noodle soup in Avon, Northside Kitchen, Nozawa, Pazzo's Restaurant, Portofino Jewelry, Sauce on The Creek, Simply Massage, Snow Barber, Sun & Ski, Taqueria No Se Hagan Bolas, The Home Depot, Ticino’s Restaurant, Vail Lights, Venture Sports and Village Warehouse Wines. ATTACHMENT National Night Out Presentation National Night Out 2019 Avon Police Department’s 13th Annual Event We Serve to Better Our Community! Bellows College SRO Herrera showing off the patrol vehicle Avon Police “Count on Us” Bellows College Aspens MHV Avon Police “Count on Us” Bellows College Eaglebend Avon Police “Count on Us” Bellows College Wildridge Avon Police “Count on Us” Bellows College Avon Elementary School Avon Police “Count on Us” Bellows CollegeAvon Police “Count on Us” Big Thank You To Our 51 Individuals and Organizations Alpine Bank Aspens Avon Bakery Avon liquor Banglz Salon -Designs by Christopher Beaver Liquors Blue Plate Bob's Place Carlos Chavez Castanedas City Market Columbine Bakery Dazzle Nails Dominos Pizza Eaglebend Edgar Arroyo ERYC Fiesta Jalisco Restaurant FirstBank Foods of Vail Gondola Pizza Green Elephant Home Outfitters Jazzy Nails Jeff Schiro Painting Jordan “Superman" Lyles Juan Manuel Fregoso Kim Greene Kiwi Lovely Nails Mountain massage Nest Nest Furnishings Noodle soup in avon Northside Kitchen Nozawa Pazzo's Restaurant Portofino Jewelry Sauce On The Creek Simply Massage Snow Barber Sun & Ski Taqueria No Se Hagan Bolas The Home Depot Ticinos Restaurant Maggie Vail Lights Venture Sports Village Warehouse Wines Wells Fargo Bellows College Chief’s Community Partnership Award Avon Police “Count on Us” Blue Plate-Food Donation and Continued Community Support Carlos Enrique Chavez-Time and Energy Castañeda’s Mexican Market-Continued Support City Market-Monetary Support EagleBend Apartments-Continued Support Edgar Arroyo-DJ FirstBank-Monetary Support Gretchen Plewshaw-DJ Jeff Stair-Eaglebend Location Lead Jordan “Superman” Lyles-DJ Juan Manuel Fregoso-DJ Kim Greene-Continued Support Wells Fargo-Volunteers Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: October 22, 2019 Agenda Topic: COUNCIL COMMENTS TO THE SITE ASSESSORS FROM THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES Inc. (CALEA®). SUMMARY Honorable Mayor and Council, assessors Captain Michael Bussiere, from Texas and Major Mark Hallum (Ret.) from Arkansas are conducting a site assessment of the Avon Police Department as part of the Department’s national accreditation with the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®) on October 21, 22 and 23. BACKGROUND The Avon Police Department has been nationally accredited for the last seven years through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Avon PD is the smallest agency in Colorado with this accreditation and the only agency west of the Denver Metro Area, except for the Colorado State Patrol and the Colorado Bureau of Investigation, both statewide agencies. Approximately 1% of law enforcement agencies in the United States are accredited. The current accreditation cycle is for four years, and this month sees the end of our current four-year cycle. During the accreditation cycle, Avon PD submitted annual reports and participated in annual remote web-based assessments attesting continued compliance with 179 national standards. We successfully completed the fourth of four annual remote file assessments in September. As part of the accreditation evaluation, the site-based assessment team has arrived to examine all aspects of Avon Police Department policy and procedures, management, operations, and support services. The team is required to verify that the Avon Police Department meets the Commission’s national standards. This is a great opportunity for the men and women of the Avon Police Department to showcase their hard work and the community policing/outreach that they do on a daily basis. It is also a time to show the excellent relationships that the department enjoys with our community, with our first responder partners and with a variety of nonprofits. Members of the community or other agency / organization personnel can offer comments regarding their relationships and their assessment of the Avon Police Department either by phone, in a public community meeting or in writing. ➢ By telephone- The public may call to speak with an assessor at (970) 748- 4457 on October 22, 2019 between the hours of 1:00 p.m. and 3:00 p.m. Page 2 of 2 ➢ In person- Members of the community and other agency employees and are invited to offer comments at a public information session October 22, 2019 beginning at 4:00 p.m. The session will be conducted in the Avon Elementary School, 850 W Beaver Creek Blvd, Avon, CO 81620 ➢ In writing- Anyone wishing to offer written comments about the Avon Police Department’s ability to meet the standards for accreditation are requested to write to: Commission on Accreditation for Law Enforcement, Inc. (CALEA), 13575 Heathcote Boulevard, Suite 320, Gainesville, Virginia, 22030-2215 or call (703) 352-4225 or email calea@calea.org. There are fifteen minutes allocated on Tuesday’s Council meeting agenda where Avon Council members have the opportunity to provide their comments about the Avon Police Department directly to the CALEA assessor(s). TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: David McWilliams, Town Planner Meeting Date: October 22, 2019 Topic: FIRST READING OF ORDINANCE 19-08, REZONING LOT 16 BLOCK 2 BENCHMARK AT BEAVER CREEK FROM RESIDENTIAL HIGH DENSITY TO PARKS ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 19-08, rezoning Lot 16 Block 2 Benchmark at Beaver Creek from Residential High Density to Parks. This item was continued on September 24, and October 10, 2019. On September 24, Council’s initial action to reject the first reading resulted in a 3-3 vote, which procedurally resulted in no action. Council decided to continue to Oct 10, however there was not a full Council present on Oct 10 and Council continued the item to the October 22 meeting. RECOMMENDED MOTION “I move to reject the first reading of Ordinance 19-08, thereby maintaining the zoning of Lot 16 Block 2 Benchmark at Beaver Creek as Residential High Density based on nonconformance with Code Section 7.16.050(c), Review Criteria, specifically numbers (1), (5), (8), and (11); and nonconformance with the stated purposes of the Development Code, specifically (e), (g), and (m).” AVAILABLE MOTIONS “I move to approve the first reading of Ordinance 19-08 thereby rezoning Lot 16 Block 2 Benchmark at Beaver Creek from Residential High Density to Park, and setting a public hearing date of November 12, 2019.” “I move to continue the first reading of Ordinance 19-08 to the November 12, 2019 Town Council Meeting.” APPLICATION BACKGROUND On July 9, 2019 Town Council tasked the Community Development department with initiating a rezoning of Lot 16 to Parks (P) or another appropriate zone district. Lot 16 is 0.646 acres located on West Beaver Creek Boulevard and abuts Nottingham Park and Residential High-Density zoned developments. The property is currently permitted up to 14 dwelling units. This change would codify the parcel’s current use of parking and access to Nottingham Park and eliminate the possibility of housing on the site. Staff Review & Report PUBLIC HEARING: PZC Council & 1st Reading of Ordinance PUBLIC HEARING: Council & 2nd Reading of Ordinance Current Zoning. PUBLIC NOTICE Notice of the meeting was published in the September 12, 2019 edition of The Vail Daily. Mailed notice of the meeting was sent to all applicable owners within 300 feet of the property on July 24, 2019. ZONE DISTRICT SELECTION Staff analyzed the allowed uses in two zone districts (Parks versus Public Facilities, as noted below) and determined that because Town Council desired to “lock in” the current use, the Parks zone district was the most appropriate. That is, the Public Facilities (PF) zone district includes many additional uses that would be incongruent with the current parking, viewshed, and access uses of the parcel. In the table below, S refers to the use allowed under the Special Review Use process, and P indicates it is Permitted in the zone district. Use Category Use Type Use- Specific Regulations P PF Residential Uses Household Living Dwelling, Single- Family Detached S Dwelling, Two- Family/ Duplex S Dwelling, Townhouse S Dwelling, Multi- Family S Dwelling, live/ work S Accessory DU S Public and Institutional Uses Community Services Art gallery or museum P Community centers P P Library P 7.24.050(a) Government services, offices and facilities P P 7.24.050(a) Post office branches P Religious assembly S Day Care Preschool, nursery school S 7.24.060(c) Child care, in home S 7.24.060(c) Educational Facilities College or university (nonexempt) P 7.24.050(a) School, K-12 (public and private) P 7.24.050(a) School, vocational- technical and trade P 7.24.050(a) Parks and Open Space Arboretum or botanical garden P 7.24.050(b) Community garden P Community playfields and parks P Golf course P Parks and forest preserves (private, not-for-profit P Transportation Bus terminal P 7.24.060(d) Rail terminal (passenger) P Commercial parking facilities (surface & structure) P Small wind energy system S S Wireless communication tower and/or antenna S S Commercial Uses Health Care Facilities Medical center/ hospital P Medical and dental clinics and offices S Riding academies S Electrical supply stores P Nursery, landscaping supply P Industrial Service (cont'd) Heavy industrial uses S Mining and mineral extraction S S Recycling facilities, drop-off P P While housing is a priority of the Town, providing dwelling units (or any other use) on this site through the PF zone district designation was seen as contrary to the motivations of Town Council. The P use, which are almost exclusively limited to items that directly support the principle park use was therefore chosen to present in this application. Staff also recognized the Future Land Use Map as a guiding document for this application and did not want to veer from the existing direction without undergoing an amendment. The current Residential High Density (RH) zoning would allow (or would most likely require, due to it being owned by the Town) Community Housing, and changing the lot to the PF zone district might require a Comprehensive Plan Amendment in order to alter the Future Land Use Map. If the goal of the Town is to one day allow for housing, the current zoning and dwelling unit allocation should remain. The mechanics of accomplishing the Comprehensive Plan Amendment in conjunction with a PF Rezoning are not overwhelming, but it seems redundant to achieve the same future goals as would be allowed today. Staff knows the difficulty in turning land perceived to be reserved for parks into housing but does not anticipate a more streamlined or intuitive process under the PF zone designation. In their approval of the rezoning recommendation, PZC specifically included a finding which states, “There exists potential for future housing projects that will achieve the intent of the development code and Comprehensive Plan.” Staff argues the same point and would therefore recommend maintaining the current zoning while not pursuing any specific project at this time. STAFF ANALYSIS LOT 16 HISTORY Before Avon was incorporated, in 1974, Lot 16 was included (along with most of the RH properties along West Beaver Creek Boulevard) as part of Tract G (currently Nottingham Park) in the final plat of the Benchmark at Beaver Creek (BMBC) subdivision. In 1976, an amendment created most of the residential lots north of the park, and the site usage was designated for up to 12 condominiums or multi-family dwelling units. In 1991 the plat designation was converted into RH zoning (with a 14 dwelling units allotment formed by previous zoning commitments). Subsequently, the property was sold from Buck Creek Associates to the Town of Avon for $260,001 (roughly $460,000 in 2019 dollars). In 1996, the current parking lot was installed. Since then, increased visitation to the park has resulted in more use of the property. Many of the park’s amenities draw people to this intuitive access point, and the Town has permitted on-street parking since 2015. TIMELINE 1974 BMBC Final Plat Does not contemplate any lots between Tract G (park) and West Beaver Creek Boulevard. 1974 BMBC Plat Amendment 1 Creates properties along West Beaver Creek Boulevard and includes the Lot 16 property in Lot 6, designates 36 condo units to the property. BMBC Plat Amendment 2 - Staff does not have a record of Amendment 2. 1976 - BMBC Plat Amendment 3 Lot 16 is shown as exists today and has 12 assigned condo/apartment units. By now the majority of Tract G is encircled. 1978 - BMBC Plat Amendment 4 - Further outlines additional lots within the subdivision, no change to Lot 16. 1991 - Ordinance 91-10 – Removes the PUD designation and establishes zoning for the area. It specifically designates Lot 16 with 14 dwelling units. Staff assumes the additional dwelling units were assigned due to previous zoning commitments that are not properly saved in the record. This was after the Town had designated the lot as a preferred access location to the park in 1990, but before purchase by the Town (see next section). TIMELINE OF FOUNDATIONAL DOCUMENTS Staff tried to take verbatim the language from different documents over the years. Quotes, maps, and staff synopsis are shown in order of their appearance, and quotes are in italics for clarity, with their corresponding subareas of the document displayed before. 1990 Comprehensive Plan TOWN CORE PLANNING INFLUENCES Major Transportation Corridors “Key viewpoints from I-70…are identified on the Town Core Planning Influences Map. Special attention should be given to preserve and enhance views that are crucial to formulating a positive image of the Town.” Undeveloped Lands “The few remaining vacant lands that border Nottingham Park are also important to the image of the Town and the function of the park. The absence of development on these parcels presently allows views into the park.” Town Core Planning Influences shows a strong emphasis on views from I-70. [Proposed] Land Use Plan identifies Lot 16 as Park. The other undeveloped lot on the park (Lot 12) is proposed to remain Residential. A parking structure is proposed where the Recreation Center is currently located. TOWN CORE LAND USE PLAN Nottingham Park Area “Nottingham Park should be expanded to include the two undeveloped lots on the north edge of the park. These parcels will ensure visual access to the park from I-70 and permit public access between residential lots.” OPEN SPACE AND RECREATION Existing Recreation Resources “Because of the park’s importance to the passerby impression of Avon, views into the park from I-70 should be preserved… Visibility to the park is good from I-70 through presently undeveloped residential lots on West Beaver Creek Boulevard. These lots should be incorporated as part of the park to ensure visual and pedestrian access from West Beaver Creek Boulevard. The lots also have potential to be developed into parking spaces that would have direct access to the lake.” Parks “Nottingham Park is an attractively designed and highly used public facility. On normal days, parking is adequate; however, during special events (such as concerts and various community celebrations), the demand for parking exceeds the supply. Some additional parking should be provided on the park site. Because of the park’s importance to the passerby impression of Avon, views into the park from I-70 should be preserved.” Town Core Urban Design Plan shows Lot 16 as part of the Nottingham Park Planning Area for Subarea Plans, with a strong emphasis on access. TOWN SUBAREA DESIGN RECOMMENDATIONS Subarea 8: Nottingham Park Residential District Does not explicitly mention any design considerations that would affect Lot 16. Subarea 9: Nottingham Park and Municipal Center “Develop an overall landscape, circulation, and signage plan for the area to integrate the various functions into a whole municipal activity center.” 1992 Recreation Master Plan Image from Nottingham Park Analysis map. NEEDS IDENTIFICATION What the Community has Requested CONCLUSIONS “Adding land to Nottingham Park, especially if it would ease parking problems or provide an even better facility in the long term, was supported by most participants [of focus group meetings].” FOCUS GROUP SURVEY RESULTS SPECIAL EVENTS “More parking in and around Nottingham Park is needed…” The Recommended Master Plan map shows actions for Lot 16 and suggests improved parking on the east and west sides of the park. RECOMMENDATIONS AND ACTION PLAN Implementing the Master Plan Nottingham Park “The Town should move ahead with the purchase of the vacant parcel on the north side of the park as called for in the Comprehensive Plan. Considerations should be given to other options such as securing a portion of the property as a trail and vehicular access easement or purchase of an area wide enough for a small parking lot and a 10’ sidewalk (50’ – 70’ in width).” September 14, 1993 Town Council Meeting Meeting minutes discussing the purchase: “Mr. Bill James informed lot 16, a vacant lot, is located on West Beaver Creek Blvd. next to Buck Creek Condominiums. The Town’s Comprehensive Master Plan suggests the Town purchase Lot 16 as open space and as a view corridor. The Recreation Master Plan suggests the Town purchase Lot 16 as a view corridor and also as additional parking and alternate access to Nottingham Park. Since we have been master planning the entire park area and looking at building an aquatic center and library on Tract G this seems an opportune time to purchase Lot 16.” 1996 Comprehensive Plan Staff’s copy of the report lacks maps; no explicit mention of Lot 16 was found. 2006 Comprehensive Plan Existing/Approved Land Uses map misrepresents Lot 16 as Park. Community Framework Plans misrepresents additional properties as Park and does not include the view corridor considerations from previous plans. The Future Land Use Map shows the lot as Park. 2009 Nottingham Park Master Plan The "Map of Previous Plan Recommendations" shows the preserved view corridor and potentially increased parking area. The plan recommends a new entry monument and a new path from Lot 16 to the park. RESPONSE The 1992 Recreation Master Plan and the 1990 Comprehensive Plan are the most pertinent to the purchase, construction, and subsequent Future Land Use Map designation of Park for Lot 16. Staff does not deny the great utility in having the lot open for parking, access, and views but does not agree that its singular dedication to auto oriented access is its highest and best use. After purchase and construction of parking, Lot 16 appears to have been ignored from a long-range planning perspective, and the ideas put in place in the early 1990s have merely been recycled in more recent planning documents. VIEWSHEDS: Viewshed analysis shows that the park and lake are visible from a small section of I-70, but as time goes on the view has become less pronounced as the landscaping on adjacent lots, Lot 16, and the park have all matured. Staff assumes this trend will continue, and the largest trees interrupting the viewshed are on Lot 16. Google Streets View from 2008 shows a view of the park. Google Streets View from 2018 shows the landscape maturing and providing less of a view into the park. Same view from 2016. 2004 Aerial image of Lot 16, with the lake and park above the image. PARKING: Although Lot 16 is not the cause of the perceived parking issues along West Beaver Creek Boulevard its current use plays a role in such issues today. Had this property been developed like the neighboring properties in the early 1990s with housing and minimal public park entry, the overall look and feel of the area would be much different. Interest in visiting the park and specifically the beach means that this area will experience parking pressure. The reviewed planning documents generally speak to “solving” parking issues. The original design with a few parking spaces originated as a solution to a 1990s problem the current pressure merits a more comprehensive solution. As autonomous car technology improves, it is likely that in the future, cars will be able (or required) to drop people off at their desired destination and retire to a nearby empty space. Anticipating this potential and creating the appropriate infrastructure to achieve it might be a more appropriate long-term solution in this location. Staff is not explicitly proposing any physical changes to the property today, but a rezoning that precludes housing to achieve the current entry use seems short-sighted. It may be more feasible and practical to convert a portion of the land into housing and redesign an adequate autonomous vehicle drop-off on the same lot. PARK ACCESS: All of properties surrounding the park are completely built-out in terms of density (but form may change over the years) and have a more urban feel. The western entrances are either a large parking lot and unflattering ball courts or a small sliver between dense housing and the back of the elementary school. The eastern entrance is wide but interacts with some of the densest development in the town (Lakeside Terrace, Falcon Point, Riverfront, Sheridan, etc.). The park’s defining eastern edge is Lake Street, and besides the Old Town Hall site (zoned PF), all parking and access is from the street-side out. Alternatively, the 1992 Recreation Master Plan states, “Considerations should be given to other options such as securing a portion of the property as a trail and vehicular access easement or purchase of an area wide enough for a small parking lot and a 10’ sidewalk (50’ – 70’ in width).” With the lot owned by the Town, an easement or sharing of the lot is not needed but reserving the ability to do so in the future is an asset the Town should not dispose of lightly. HOUSING: Housing pressure in the Valley is real and growing. According to the 2018 Town of Avon Community Housing Plan (part of the Avon Comprehensive Plan), “To meet the needs of local employees in the Eagle River Valley, over 4,000 additional dwelling units will be required by 2020. In mid-valley, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed.” Staff cannot speak to the surrounding communities but does not anticipate that number to be met. A property zoned for housing and owned by the Town is a tremendous asset, but this application proposes that removing approved housing density from the valley floor is the best use of the land. Staff does not support this logic. Due to the site’s current use, perhaps the full 14 units allotted are not an option, but an architect could design housing that is sensitive to the site needs. ENVIRONMENTAL CONSIDERATIONS: The impacts caused by pushing housing farther away from the up-valley job base, such as increased commute distances relating to greenhouse gasses and sprawl impacting other undeveloped tracts of land, are concerning. The housing crunch in the valley and the environmental ramifications of displacing by-right housing away from the valley floor are concerning. In the future creative thinking will be needed to design a solution to Lot 16 that accomplishes seemingly disparate goals. Limiting creative outlets through a rezoning is not supported by staff. CHAPTER 7.16.050 – REZONINGS “The boundaries of any zone district may be changed or the zone classification of any parcel of land may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer special privileges or rights on any person, but on ly to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy or that are necessary to advance the general welfare of the Town .” REVIEW CRITERIA The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for rezonings: (1) Evidence of substantial compliance with the purpose of the Development Code; Staff Response: The Purposes section (AMC 7.04.030) states: 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”. Response: Changing the use from the RH to P would regulate the intensity of the property’s use to what is currently present. The use on and around the property are not proposed to change. b: “Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town”. Response: The Avon Comprehensive Plan is discussed in Criteria 2. The 2009 Nottingham Park Plan mentions protecting viewsheds from the area, enhanced parking, and entry monuments. It is unclear if these recommendations are directly related to Lot 16 or are more general recommendations for the north of the park near the property. e: “Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population”. Response: Lot 16, as the park entrance, is seen as incompatible with housing in this application. While there are extremely limited future opportunities to convert other parcels into park space, there are also extremely limited opportunities to provide Community Housing in the town, and the result could be additional sprawl. 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”. Response: The application changes use to Park, a limited resource in the Valley. However, the application may use valley floor land less efficiently than the original zoning. Facilities and services are well established in the Valley floor, and the application risks further limiting opportunities to build Community Housing in intuitive locations. 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”. Response: The natural scenic beauty of the area is preserved in this application. 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”. Response: This application argues that the rezoning is neither an achievement nor failure in innovative use of space. Certainly the balance of park space versus housing space could be construed differently by different people. Staff feels that a balance whereby housing and park access can be provided on the site through innovative design. Also, by limiting housing in intuitive areas, use of non-renewable natural resources will probably increase. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The Avon Comprehensive Plan does not explicitly mention Lot 16, but the Future Land Use map, as part of the Comprehensive Plan, shows Lot 16 as Park. The property is located within the Nottingham Park District, which generally speaks of preserving views, supporting the 2017 Tract G planning effort, and connectivity. The parcel is bordered on two sides by the Valley Residential District, which mentions redevelopment of residential uses for higher density and attainable local housing and landscaping that softens the visual impact of structures. According to the Comprehensive Plan, “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” The goals and policies section of the Comprehensive Plan states: E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment- in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units. Policy E.1.4: Integrate attainable housing within large developments and throughout Town. Policy E.1.5: Encourage “no net loss” of attainable housing in redevelopment. Policy E.2.4: Site attainable housing with multi-modal transportation options and facilities, including bike and pedestrian paths. Goal H.1: Provide an exceptional system of parks, trails, and recreational programs to serve the year - round needs of area residents and visitors. Policy H.1.1: Evaluate and seek parcels or easements for open space, trails, and recreation. Policy H.1.2: Manage, protect, and plan for public open space. Analyze trail maintenance and rule enforcement in open space. Staff encourages implementation of Policy H1.1 in that an easement on the property and sensitive site design could provide an almost equivalent experience for visitors while providing some dwelling units on the property. The parcel is not directly designated for Community Housing, but the Town’s flat, well served parcel in the center of Town should not be taken lightly as an asset for potential development. The Community Housing Plan (part of the Comprehensive Plan) states, “The current Comprehensive Plan sets the vision for diverse and exciting opportunities for residents, businesses, and visitors. The current housing market, which offers very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision.” Goals and Objectives in the plan include: • 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. • Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are occupied by year-round residents. • Stabilize or increase the percentage of Eagle County working residents [in] Avon. • As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: Lot 16 has proved suitable as a park entrance and its formal adoption as P would continue to suit the site. (4) Compatibility with surrounding land uses; Staff Response: Lot 16 is bordered by two existing high-density residential developments and the park. Rezoning to P would be compatible with the park use. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; Staff Response: Due to its unique amenities, the park will experience increased pressure in coming years as the valley continues to develop. The current drop-off and entrance use of the park may experience more pressure and codifying an increase in the park space may be beneficial. Alternatively, the housing shortage could dictate that the parcel remains RH and opportunities for development be explored in the future. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: There are adequate facilities to serve the proposed use. Additional restrooms may be required. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Staff Response: “The purpose of the P district is to promote and encourage a suitable environment devoted to parks, recreation improvements, trails and organized recreation uses for the enjoyment of all members of the community. There are no dimensional requirements for this district. Active recreation facilities and structures will be developed according to the Comprehensive Plan.” The rezoning would codify the extension of the park into Lot 16. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated; Staff Response: The rezoning may result in reduced localized residential-driven impacts. Alternatively, the rezoning may increase housing pressure in distant areas not suitable for development, increase commute distances, and limit locals on the valley floor. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: The pressure on West Beaver Creek Boulevard is not anticipated to change due to the application. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and Staff Response: Not Applicable. (11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: The rezoning codifies the existing use of the land which in some respects is more intense than the currently allowed use. No mitigation is proposed at this time. AVAILABLE OPTIONS Upon conducting a public hearing, Town Council has the following options: 1. Approve the first reading of Ordinance 19-08 approving P zoning on Lot 16. 2. Reject the first reading of Ordinance 19-08 maintaining the current RH zoning on Lot 16. 3. Continue the Application to November 12, 2019. 4. Table the Application pending further information. RECOMMENDATION Staff recommends rejection of the first reading due to the application’s nonconformance with Code Section 7.16.050(c), Review Criteria, specifically numbers (1), (5), (8), and (11); and noncompliance with the stated purposes of the Development Code, specifically (e), (g), and (m). The parcel can be revisited for development in a few years. ATTACHMENT Ordinance 19-08 LINKS Avon Comprehensive Plan http://www.avon.org/DocumentCenter/View/83/Comprehensive-Plan?bidId= Avon Housing Plan https://www.avon.org/DocumentCenter/View/18728/Avon-Housing-Plan Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District FIRST READING – October 22, 2019 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 19-08 REZONING LOT 16 BLOCK 2 BENCHMARK AT BEAVER CREEK AVON, COLORADO, FROM RESIDENTIAL HIGH DENSITY TO PARK RECITALS WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone Lot 16 Block 2 Benchmark at Beaver Creek Subdivision, Avon, Colorado (“Property”) from Residential High Density to Park; WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held public hearings on August 6, 2019 and August 20, 2019; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and a Record of Decision on August 20, 2019, in accordance with AMC §7.16.020(f), making a recommendation to the Town Council to approve the Application for Park zoning; 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 approve 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 public meetings on September 24, October 10, and October 22, 2019 to consider the Application and first reading; WHEREAS, the Town Council held a Public Hearing on November 12, 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, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with the Findings of Fact; WHEREAS, the Property is located adjacent to property owned by the Town of Avon which is currently zoned Park (P) and the Property is intended for use as a park; WHEREAS, the Town Council finds that the rezoning from Residential High Density to the Park district will promote the Avon Comprehensive Plan, and will thereby promote the health, safety and welfare of the Avon community; and Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District FIRST READING – October 22, 2019 Page 2 of 3 WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Rezoning. Lot 16 Block 2 Benchmark at Beaver Creek Subdivision, Avon, Colorado, is hereby rezoned from Residential High Density to the Park district. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for Ord 19-08 Rezoning Lot 16 Block 2 Benchmark at Beaver Creek Subdivision RH to P Zone District FIRST READING – October 22, 2019 Page 3 of 3 the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Section 9. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on October 22, 2019 and setting such public hearing for November 12, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on November 12, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ___________________________ Paul Wisor, Town Attorney Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 1 of 7 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Matt Pielsticker, Planning Director Meeting Date: October 22, 2019 Topic: FIRST READING OF ORDINANCE 19-09, APPROVING A VESTED RIGHTS EXTENSION AND MINOR PUD AMENDMENT FOR LOT 1 RIVERFRONT SUBDIVISION ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 19-09, approving a Vested Rights Extension and Minor PUD Amendment for Lot 1 of the Riverfront Subdivision. UPDATES This application was heard by the Town Council on October 10, 2019. After hearing a wide range of comments and questions the Town Council continued the first reading for the applicant to be respond accordingly. The following list represents updates to the PUD Development Plan since the last meeting: - Now incorporates Planning and Zoning Commission’s recommended conditions related to 50’ building height and encroachments into 10’ road setback. - Clarifies the intent of 10’ road setback encroachments and the necessary process for which these encroachments would be reviewed. - Specifies that no more than 2,000 square feet of building footprint can be between 45’ and 50’ in height. - Commitment to construct two (2) 1-bedroom units or 1,000 square feet of deed-restricted housing for full time Eagle County workers. In addition to these changes to the PUD Development Plan, the Ordinance exhibit related to the Vested Rights Extension now clearly illustrates Phase 1 and Phase 2. AVAILABLE ACTIONS 1. Approve the first reading of Ordinance 19-09 as drafted. 2. Approve the first reading of Ordinance 19-09, with modifications. 3. Continue to November 12, 2019, or other meeting defined by Town Council. 4. Direct staff to prepare findings of fact and record of decision to deny the applications. RECOMMENDED MOTION “I move to approve first reading of Ordinance 19-09, thereby approving a Vested Rights Extension and Minor PUD Amendment for Lot 1 Riverfront Subdivision and setting a public hearing date of November 12, 2019.” APPLICATION SUMMARY Points of Colorado, Inc. (“the Applicant”), requests a Vested Property Rights Extension and Planned Unit Development (PUD) Amendment (collectively “the Application”) to allow greater flexibility for a future Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 2 of 7 phased project on Lot 1, Riverfront PUD and Subdivision (“the Property”). The Applicant has authorized East West Partners to act on their behalf for this review process since East West Partners is actively trying to purchase the property for this future development. The Riverfront PUD Development Plan, the governing zoning document, entitles the Property with two separate buildings. The Application proposes the following amendments: • Removal of building footprint stipulations and resultant building massing requirements • Ability to construct aerial encroachments up to 6’ into the 10’ road setback, subject to design review recommendations of Planning and Zoning Commission and final action by Town Council • Architectural Guideline changes for retaining walls, massing approaching the river, and overhangs • Modifications to building height for limited area along southern setback line The Vested Property Rights are currently scheduled to expire on March 18, 2021. With a phased project contemplated, the prospective owners of the Property are requesting an extension to March 18, 2024 for a first phase, and March 18, 2025 for a second and final phase. Details of the Application are included as: Attachment A – Riverfront Village Narrative, and Attachment B – Cover Letter for Vested Rights Extension. The record of the Planning and Zoning Commission’s affirmative recommendations are attached as Attachment C. Lastly, a draft Ordinance set to approve the Application, is attached as Attachment D. For further details with respect to the PUD Development Plan amendments please refer to Exhibit B to the Ordinance, also attached hereto. PROCESS Minor PUD Amendment This request is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. The application, as submitted, meets the criteria for a Minor Amendment. The review procedures require public hearings with the PZC and Council. Council makes the final decision after another public hearing and action on an Ordinance for approval, or denial by motion and vote. Vested Property Rights Landowners may request extensions of vested property rights by applying at least six (6) months prior to the expiration of the vested property rights. Public hearings are required by the Planning and Zoning Commission and Town Council. Action is by ordinance of the Town Council. Public Notification Pursuant to Avon Municipal Code Table 7.16-1: Development Review Procedures and Review Authority, the Vested Rights and Minor PUD Amendment applications both require mailed public notice. The mailed notification was provided to all owners within 300’ of the property on August 23, 2019. Published Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 3 of 7 notification is also required for both applications. A legal notification was published in the August 23, 2019 edition of the Vail Daily newspaper in advance of the first scheduled meeting with the Planning and Zoning Commission on September 3, 2019. The Planning and Zoning Commission continued the public hearing until September 17, 2019, at which time they concluded their public hearing. Another published notification for the second hearing before Council will be scheduled accordingly. PZC REVIEW The Planning and Zoning Commission held a public hearing to consider the Application on September 17, 2019. Overall, the Commission’s review was extremely positive. They focused their review and comments on what types of improvements should be permitted within the 10’ street setback, as well as the absolute height of the planned building that approaches the recreation path on the south side of the building. After reviewing existing PUD language that allows similar types of improvements (i.e. balconies, roof overhangs) in the 75’ river setback, the Commission gained comfort with similar building encroachments for Lot 1 up to 6’ into the 10’ street setback, with the condition that there be at least twelve foot (12’) clearance between the ground and the lowest encroachments. Upon learning more about the Phase two building and its relationship with the recreation path, the Commission recommended a reduction in building height from 55’ to 50’ to ensure that the building effectively steps down toward the adjacent path and river. At the meeting there was little discussion regarding the Vested Rights Extension. The Planning and Zoning Commission provided a recommendation for approval of the extension without reservation. APPLICATION REVIEW CRITERIA Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the Town Council shall consider the following criteria when forming the basis of a decision on the Minor PUD Amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The Application and amendments would preserve the environmental resources of the river and result in more flexibility with the form of future development. Open space provisions, access, preservation of the river corridor, trails, and sidewalks are established and unaffected with this amendment. Other development standards would remain intact (i.e. allowed uses, special review uses, parking). The Application advances many Comprehensive Plan policies, along with subsections (n) from the Purpose Statement of the Development Code. When the Riverfront PUD was established, Lot 1 was designed at a conceptual level for a timeshare development. It is highly unlikely that timeshare use would be pursued with a new development team, thus new housing choices could be created by a different project type with a variety of unit sizes. As noted in the applicant’s narrative, the density will be less than the currently approved Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 4 of 7 development. The current approval for Lot 1 comprises 101 timeshare units, each with the ability to lock off a separate accommodation unit. Lastly, the removal of the building footprint requirements would by its nature afford a more creative site design that can adapt to the current conditions and tie into the Westin Hotel, adjacent streetscape, and riverfront path connection. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the Town, its residents, or guests. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required, and analysis is provided below. The Comprehensive Plan includes this property within District 2: The Riverfront District. The Riverfront District encompasses all property surrounding the Eagle river along the entire length of Town. The planning principals for The Riverfront District speak heavily to connectivity and respecting the river environment. All the planning principles are included herein, with bolded principles that relate specifically to this Application. • Improve and enhance connections to the linear park along the river, the Eagle Valley Trail, Town Center, Beaver Creek, and Nottingham Park. • Seek easements where appropriate for river access. • Limit access to the Eagle River to strategic locations for overall riparian health. • Provide transit connections between Town Center and Riverfront District. • Add sidewalks and landscaping along roads. • Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning, architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of structure to preserve the character of the river and its associated natural habitat. • Limit building height to a scale that is subordinate to Town Center and compatible with the river environment. Buildings should be designed to step down in height as they near the river and in response to the natural topography. • Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for development in proximity to the river. • Locate parking areas and building services away from the river and reduce their impact on Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 5 of 7 the river corridor. • Plant indigenous trees and shrubs to screen existing large residential buildings along U.S. Highway 6 and provide landforms and landscaping between residences and U.S. Highway 6. • Minimize the loss of trees and impact to the riparian area while achieving urban design goals. • Develop a vibrant mix of uses consisting of bed-base development, commercial development, recreation, and open space along the river in the area closest to Town Center. • Examine the potential to develop pedestrian and bicycle connections between Stonebridge Drive and the Village at Avon District. A previous amendment in 2017 provided for an easement and another riverfront path connection to the regional bike trail. Buildings would be sited to protect the river by maintaining the 75’ riparian setback and stepping down when approaching the river side of the development. It is expected that future development will be at a lower overall scale compared to the existing development plan approvals. The following Goals and Policies from the Comprehensive Plan are reinforced by this application: Policy A.1.4: Encourage development that is consistent with the overall Built Form according to the Built Form Diagram (page 8 of the Comprehensive Plan). Policy B.1.2: Focus lodging and guest accommodation in the Town Center. Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year- round residential community and as a commercial, tourism and economic center. Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Goal D.3: Increase the number of visitors to Avon by enhancing the year-round mountain resort community. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This PUD amendment does not change the demands or ability of future development to be served by existing installed or planned facilities and services. A reduced demand on special services is expected. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: When compared to the existing zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. The site was platted and graded out during the formation of the Riverfront PUD and Subdivision in 2006-2007. Since that time, it has been used occasionally for overflow or event parking. It is expected that the entire site would be disturbed for construction, whereby the storm water management would be tied into the existing systems in place. Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 6 of 7 The Planning and Zoning Commission focused their review on the 6’ encroachment request into the platted 10’ roadway easement bordering Riverfront Lane. This type of aerial encroachment is akin to the allowance for projections of balconies and roof overhangs into the 75’ river setback. The Commission recommended a stipulation that this type of encroachment cannot occur at the ground level and may only occur 12’ or above adjacent topography. These recommendations are now clearly delineated on the PUD Development Plan. Any encroachments into this setback would require another review by Planning and Zoning and the Town Council through Development Plan review. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: No impacts exceeding those expected with the current development plan approval would be experienced. Impacts are generally contained within the property and would be mitigated accordingly. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future uses on the subject tracts would remain residential/resort and consistent with other properties in the vicinity. The scale and density of development is retained and overall dwelling unit range for the subdivision. Vested Rights Extension Guidelines Pursuant to §7.16.140(e)(2), Duration of Vested Right, AMC, the following criteria shall be considered when determining whether to grant vested property rights extensions. (i) The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii) Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; (iv) Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; (v) Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; (vi) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; Ordinance 19-09 Lot 1, Riverfront Subdivision Vested Rights Extension and Minor PUD Amendment Page 7 of 7 (vii) The terms of any existing site-specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site-specific development plans; and (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Staff Response: Absorption rates, and the ability to design and phase a project on this property are real and valid considerations for PZC. The request for an addition one year of vested rights for a second phase of a phased project is commensurate to an elongated schedule for completion. The exhibit to the Vested Rights Extension now clearly defines the Phase 1 and Phase 2 intention, which adds further certainty to the expected development pattern. ATTACHMENTS A – Riverfront Village Minor PUD Amendment Narrative, dated August 5, 2019 B – Vested Property Rights Extension Request Letter, dated August 9, 2019 C – Planning and Zoning Commission Records of Decision and Recommendations D – Ordinance 19-09 Exhibit A -Vested Rights Extension Exhibit B -Amendment to PUD Development Plan for Lot 1 RIVERFRONT VILLAGE Minor PUD Amendment Minor PUD Amendment Submitted: Lot 1 | Riverfront Village PUD August 5, 2019 FOR TOA REVIEW Attachment A 2 | Page A. INTRODUCTION The applicant and owner Points of Colorado, Inc. is hereby requesting a Minor PUD Amendment to amend Lot 1 of the Riverfront PUD and Subdivision. As represented in Exhibit B to Ordinance 17-16 (see Sheet 3 of 3 below) the PUD Development Plan currently in effect identifies specific building footprints for Lot 1. The specific development plan and density represented is no longer valid. The goal of the request is to amend the exhibit to remove the specific building footprints in order to provide greater flexibility in site design. In addition, the minor PUD amendment proposes the density for Lot 1 to be lowered to a range of 60 to 100 units, where previously a density of close to 100 units was targeted for Lot 1. This maintains the density in the current PUD for Lot 1 while allowing flexibility for a reduced density of units and different configuration upon the site to be determined during the development plan design and review process. These updates in the PUD will allow the development to adapt to site and market conditions. Sheet 3 of 3 of Riverfront Subdivision – Exhibit B to Ordinance 17-16 *Note specific building outlines and footprints that are included in the development plan for Lot 1. These outlines are proposed to be removed from Lot 1 by this minor PUD amendment application. Attachment A 3 | Page Specifically, the applicant is requesting the Town of Avon to remove Sheet 3 of Exhibit B of the PUD Development Plan and replace with an updated exhibit showing a sub-division plan with no specific building footprints upon Lot 1 (reference figure A). In addition, an enlargement plan of just Lot 1 is included with the amendment as new Sheet 4, showing all existing easements and setbacks in Lot 1 maintained per the original PUD (reference figure B). Figure A. New Sheet 3 of Exhibit B for Lot 1 PUD Development Plan showing building footprints on Lot 1 removed. Figure B. New Sheet 4 of Exhibit B Lot 1 PUD Development Plan showing Lot 1 with PUD setbacks and easements. Attachment A 4 | Page The applicant is also requesting minor amendments to Sheets 1 and 2 of Exhibit B, consisting of re- defining the minimum building setback along the southern boundary of Lot 1, the allowance for a 6’ encroachment for balconies and eaves into the 10’ road right-of-way setback, adjustment to Lot 1 height limitation in the Land Use Table, and a minor revision to language in the design standards, specifically to site and architectural guidelines that apply to Lot 1 exclusively. Minor amendment to General Notes of Sheet 1 - Item 2a and 2c: In reference to item 2a of the General Notes, the current language identifies the minimum building setback for the southern portion of Lot 1; as the Northern Boundary of Tract “A” or 75’ from the Mean Annual High-Water Mark. The applicant is proposing that the minimum setback from the river on Lot 1 coincide with the northern boundary of the utility, path, and drainage easement located along the southern boundary of Lot 1, because this easement line is essentially the de facto setback. This proposed setback is more restrictive than what the current language describes and will ensure ample space between the development, pedestrian path, and the river. The applicant is proposing the following language for item 2a. “River: all buildings shall be setback the more restrictive of i) seventy-five feet (75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A". Notwithstanding the foregoing, Lot 1's minimum setback shall be the northern boundary line of the utility, path, and drainage easement located along the southern boundary line of Lot 1. Encroachments for porches/decks/overhangs/eaves are permissible subject to design review and easement grantees approval as to specific locations and dimensions.” In reference to item 2c of the General Notes, the current language allows for 3’ aerial encroachments into the 10’ minimum building setback from road rights-of-way, but only for the northwest wing of Building F, which is currently the Westin Hotel. The applicant would like to allow for 6’ aerial encroachments of eaves and balconies into the right-of-way building setback on Lot 1. This will allow the applicant to maximize the useable building area within the lot and provide design flexibility that will translate into a more interesting roof design and building façade. The applicant is proposing the following language for item 2c. “Right -of -way: Buildings shall have a minimum setback of ten feet (10') from road rights-of -way. Subterranean encroachments shall be permitted into this setback. Aerial encroachments (such as balconies and eaves) of up to six feet (6') shall be permitted into this setback for all buildings located on Lot 1.” Minor amendment of Land Use Table, Lot 1 Height Limitations: The applicant is proposing eliminating reference to buildings ‘G’ and ‘H’ in the portion of the table addressing height limitations for Lot 1, and in keeping with the elimination of specific building footprints for buildings G and H in Sheet 1 of the Exhibit B. The applicant is proposing the following language to replace the prior language: “105’ maximum height limitation, except areas of the lot falling within 50’ from the southern boundary, where a maximum height of 55’ will apply.” This new language addresses the prior height limitation along the southern edge of the project where Building ‘H’ was previously proposed along the majority of the southern frontage of Lot 1 and the Eagle River open space and recreation corridor. The current development concepts for Lot 1 contemplate a greater opening to the River, with less massing along the southern edge of Lot 1 than the original design of Building H, which was contemplated to be 45’ maximum height. The proposed maximum height of 55’ within the first 50’ of the lot along its southern boundary, will ensure the River corridor is maintained, while allowing the development to take advantage of the river frontage in a manner that is in scale and compatible with surrounding development and the adjacent recreation path connection. Attachment A 5 | Page Only small portions of new buildings are contemplated to be within 50’ of the southern boundaries, and these minor protrusions are anticipated to be no greater than 3 to 4 stories, within the proposed 55’ height limit for this zone. Minor amendment of Architectural Guidelines: The following amendment to PUD Design Standards Section II. Site and Village Guidelines, C. Site, Materials and Colors, 2. Site Walls, and Section IIIA. Architectural Design Guidelines, A. Building Form and Massing items 2 and 7 are proposed to apply to Lot 1 only, to introduce more flexibility in the architectural expression of the future development and use of natural materials: (reference bold italicized text for new proposed text additions and or strike-out and deletions). Section II. Site and Village Guidelines, C. Site, Materials and Colors, 2. Site Walls, a): Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. Boulder walls shall be permitted in those areas where walls transition the project to natural and surrounding grades and shall require the approval of the Planning and Zoning Commission during design and development plan review. Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 2 Smaller masses, such as portions of the building or elements such as porte-cocheres, etc., will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms, with particular emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located along the river corridor and recreation path interface. Section IIIA. Architectural Design Guidelines, A. Building Form and Massing Item 7 Given the modern alpine character of the architecture at Riverfront Village, relatively small roof overhangs are encouraged for buildings on Lots 1, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. Aside from the items requested in this Minor PUD Amendment, all other aspects of the current PUD remain un-altered and in effect for all Lots that are part of the PUD. The overall property is 1.7 acres and is surrounded by the Eagle River to the south, Riverfront Lane to the north, Avon Road to the east and the Westin Riverfront Hotel to the west. The Eagle Valley Regional Trail and the Riverfront park that border the site to the south are part of the program of amenities and public benefits that have been implemented as part of the Riverfront PUD. The proposed Minor PUD amendment respects setbacks and easements established by the original PUD in 2006 and recorded amendment in 2017. The PUD amendment proposes only to remove specific building footprints previously assigned to Lot 1. There are no proposed changes in allowed uses or density for the Attachment A 6 | Page Riverfront PUD as part of this amendment. A range of density from 60 to 100 units is requested to provide greater flexibility for the development to adjust to market conditions. Preliminary development concepts will be shared with the Town during the minor PUD amendment review demonstrating the intended development plan consistent with the requested PUD amendment. The remainder of this narrative provides an evaluation of the proposed Minor PUD amendment against the criteria for review as set forth by the Town, as well as an analysis of compliance against the Town’s Comprehensive Plan and Development Code. B. CRITERIA FOR REVIEW Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section 7.16.060(e)(4) states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in the over what could have been accomplished through strict application of otherwise applicable district or development standards. Such improvements in quality may include but are not limited to: improvements in the open space provision and access: environmental protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: The proposed minor amendment to the Riverfront Village PUD is to remove the specific development plan and building footprints previously assigned to Lot 1 and to allow a decreased range of density from 60 to 100 units. This request will provide greater flexibility for the development to adjust to market conditions. The request is appropriate as it respects all original easements and setbacks of the property and remains consistent with the original approval of the Riverfront Village PUD. Eliminating specific building footprints may allow a reduction in the overall size, bulk and mass of the proposed condominium buildings. The amendment will allow future developments to apply different units and development prototypes that are more appropriate for present day market conditions and demands. The amendment honors the town’s 75’ riparian stream setback, and the open space and recreation corridor previously established by the Riverfront Village remains intact. With the 2017 PUD amendment an easement for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane was provided to the Town by the Owner of Lot 7, significantly benefitting the Town’s overall pedestrian circulation network. As part of the creation of the PUD in 2006 an Employee Housing Contribution of $846,000 was made by the master developer to meet the Town’s housing requirements, and with the 2017 PUD amendment (2) deed restricted units are included in the Lot 4 Riverfront Lodge development. These are examples of actions taken as part of the PUD that are of substantial benefit to the Town. Attachment A 7 | Page This PUD Amendment is not subject to the Town’s new inclusionary housing standards as Ordinance 19-03 clearly states that “Properties with pre-existing vested rights are exempt from these requirements.” [Section 3(c)(3)] The Town has specifically acknowledged and approved the currently existing vested rights for Lot 1 per Ordinance 17-16. All obligations as related to employee housing were included as part of the original PUD approval for Riverfront Village. In that density is not being increased for Lot 1 by this Amendment, the minor design changes do not trigger additional employee housing obligations. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: All aspects of the current Riverfront Village PUD remain in place and in effect as originally approved in 2006. The PUD amendment only seeks flexibility in density for Lot 1, to allow a revised development concept but otherwise remains consistent with the overall vision and land uses for the area within Lot 1. Remaining consistent with the original PUD will promote the public health, safety, and general welfare of the Town. Open space has been preserved and public river access is being maintained via this Minor PUD Amendment application. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7. I 6.060(b); The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following: (I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent the proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7. I 6.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Attachment A 8 | Page Applicant Response: As demonstrated within this document, all aspects of the current Riverfront Village PUD remain in place and in effect as originally approved in 2006 and amended in 2017, and therefore the PUD amendment is consistent with the Avon Comprehensive Plan and the eligibility criteria outlined in §7. I 6.060(b) and the purpose of the Town’s Development Code. The PUD amendment seeks greater flexibility in density as well as minor revisions to the site guidelines of the PUD Development Plan as described in the introduction. No deviations or variances from the Town’s Development Code are proposed nor anticipated in association with the minor PUD amendment. The proposal is consistent with the eligibility criteria for a PUD given the conformance and adherence to all aspects of the original PUD Development Plan approval granted in 2006 and amended in 2017. The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; Attachment A 9 | Page (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wildfire, 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; (I) Promote architectural design, which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. Applicant Response: As demonstrated within this document, the proposal is consistent with and in substantial compliance with the purpose of the Development Code by allowing greater flexibility in overall density, and a potential reduction than is currently allocated for Lot 1. The proposal will maintain setbacks to the sensitive riparian area within the 75’ stream setback that will remain mostly open space. A previous amendment in 2017 resulted in a new easement at the west end to allow for additional connectivity from Riverfront Lane to the Eagle Valley Regional Trail. This easement has been provided to the Town in 2018. No deviations or variances from the recorded PUD for Riverfront Village are proposed nor are anticipated in association with the minor PUD amendment. The ultimate development plan will meet the goals of Avon’s Comprehensive and Development codes by providing a development concept that promotes quality real estate compatible with surrounding land uses and fulfills the vision of the Riverfront Village PUD. Further, we have complied with the requirements for employee housing as part of the PUD in 2006 and 2018. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable will be available to serve the subject property while maintaining adequate levels of service to existing development; Attachment A 10 | Page Applicant Response: Facilities are in place and available per the current development in place at Riverfront Village PUD and the infrastructure and service network is already implemented in anticipation of the full build-out for the PUD. All utility and access easements are in place as originally established by the original PUD, and they are being honored and preserved. The development may connect underground to the Westin hotel garage, which would further alleviate stacking on Riverfront Lane when large volumes of traffic are entering the hotel drop-off. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: Given the proposed flexibility in density from the current PUD underlying zoning, the PUD amendment proposal is not likely to result in significant impacts to the natural environment. The existing easements including the 75’ stream setback will be maintained and respected along the Eagle River and the Eagle Valley Regional Trail. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Applicant Response: The proposed PUD remains consistent with the current PUD in effect, with the same land use assignments and similar condominium concept. Only greater flexibility in the overall density is proposed by the PUD amendment, which is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Applicant Response: The proposed amendment is to allow greater flexibility in the overall density of development in the areas occupied by Lot 1. The proposed range of density of 60 to 100 units will allow the applicant to create a development plan that responds to current economic and market conditions. The density is not increased per the original PUD approval and there is no change in the existing underlying residential land use. Therefore the uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Attachment A Attachment B Attachment B Attachment C Attachment C Attachment C Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 1 of 8 TOWN OF AVON, COLORADO ORDINANCE 19-09 AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS AND APPROVING A MINOR PUD AMENDMENT FOR LOT 1, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Points of Colorado Inc. (“Applicant” and “Owner”) has submitted a Vested Property Rights Application dated August 9, 2019 (“Vested Rights Application”) to amend the term of vesting outlined in the Amended and Restated Development Agreement for the Confluence approved by Ordinance 06-03 (“Development Agreement”), as subsequently amended by Ordinance 17-17, which vested rights are currently set to expire March 18, 2021; and WHEREAS, Owner intends to develop Lot 1 in two phases, with one building being constructed on Lot 1 as “Phase 1” and a second building being constructed on Lot 1 as “Phase 2”; and WHEREAS, the Vested Rights Application seeks amendment of Section 2.2. of the Development Agreement to extend the expiration date for vested rights to March 18, 2024 for phase one of Lot 1 and March 18, 2025 for phase two of Lot 1; and WHEREAS, the Applicant submitted a concurrent Minor PUD Amendment Application (“Minor PUD”) to amend the development standards and design guidelines for Lot 1 of the Riverfront Subdivision PUD Development Plan (“Project”); and WHEREAS, the Vested Rights Application and Minor PUD are being reviewed and processed concurrently pursuant to Avon Municipal Code §7.16.020(b)(4), Concurrent Review Permitted; and WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property Rights, the Town Council finds the Vested Rights Application eligible for consideration since the Application was submitted at least six (6) months prior to the expiration of the Vested Property Rights approved by Ordinance 17-17; and WHEREAS, the Town Council of the Town of Avon held public hearings on October 10, 2019, October 22, 2019, and November 12, 2019, after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided before acting; and Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 2 of 8 WHEREAS, the Town Council makes the following specific findings as the basis for its decision as required by Avon Municipal Code §7.16.020(f)(3): A. The Vested Rights Application meets the review criteria set forth in Avon Municipal Code §7.16.140(e)(2); specifically: 1) Property values and the real estate market experienced a significant downturn for several years, commencing locally in early 2009 and continuing for several years during the initial vested rights period and market conditions for the construction of new multi-family residential product have improved only recently; and, 2) The project complies with the Avon Comprehensive Plan; in particular Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year-round residential community and as a commercial, tourism and economic center; and, 3) The Project has provided public benefits through the dedication of land for the Eagle river path, water rights dedications, river path construction, Eagle Valley trail connection easement, two (2) deed-restricted units in the lodge building, landscaping improvements, and employee housing mitigation funds; and, 4) The extended duration of the Vested Property Rights for the requested period is reasonable considering the local, state and national economic recovery and local market conditions for new construction of residential product. WHEREAS, the Town Council makes the following specific findings as the basis for its decision on the Minor PUD as required by Avon Municipal Code §7.16.020(f)(3): A. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development. B. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD with condominium and multi-family residential land uses with higher density on east side of Properties and reduced density moving west. C. The Application is in conformance with Avon Municipal Code §7.16.060(e)(4), Review Criteria, and compared to the underlying zoning standards, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 3 of 8 WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the follow Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Riverfront Development Agreement Amendment. The Amendment to the Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the Amended and Restated Development Agreement: The Confluence. Section 3. Riverfront Minor PUD Amendment Approved. The Riverfront Subdivision PUD Development Plan, attached hereto as Exhibit B, is hereby approved and the Mayor and Town Clerk are authorized to execute the PUD Plan Amendment. Section 4. Recording. The Town Clerk shall cause the fully executed Amendment to the Amended and Restated Development Agreement: The Confluence and the Development Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be recorded at the Eagle County Clerk and Recorder’s Office. Section 5. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 6. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 4 of 8 final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on October 22, 2019 and setting such public hearing for November 12, 2019 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on November 12, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Michael Sawyer, Special Counsel Attorney to Town Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 5 of 8 EXHIBIT A: AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREMENT The Confluence THIS AMENDMENT to the Amended and Restated Development Agreement The Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on November 12, 2019, by and between Points in Carbondale, Inc., a Colorado corporation (“Owner”) and the Town of Avon, a Colorado home rule municipal corporation (“Town”). WHEREAS, the Owner applied to the Town for an extension of the vested property rights for Lot 1, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 19-09 on November 12, 2019. NOW, THEREFORE, in consideration of the foregoing and the terms in the Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Town agree as follows: 1. Section 2.2 Term is hereby amended to add the following language, “Notwithstanding the foregoing, Owner and Town agree that the Term of this Agreement and the vested property rights established under this Agreement shall continue for Lot 1, Riverfront Subdivision as follows: For Phase 1 of Lot 1 are depicted on Exhibit 1 here to, until March 18, 2024; For Phase 1 of Lot 1 are depicted on Exhibit A here to, until March 18, 2025”. 2. All other terms of the Agreement shall remain the same. [SIGNATURE PAGES BELOW] Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 6 of 8 OWNER: Points of Colorado, Inc., a Colorado corporation By: _____________________________ Name: ___________________________ Title: ____________________________ STATE OF ________________ ) ) ss: COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2019, by __________________ as ___________________ of _______________________ a ________________________. Witness my hand and official seal. My commission expires: _________________ _____________________________________ Notary Public Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 7 of 8 TOWN: TOWN OF AVON, a Colorado home rule municipal corporation By: _______________________ Attest: _______________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on ____________________, 2019, by Sarah Smith Hymes, as Mayor of the Town of Avon, and Brenda Torres, as Town Clerk of the Town of Avon. Witness my hand and official seal. My commission expires: ____________________ ________________________________________ Notary Public Attachment D Ord. 19-09Amending Confluence Development Agreement and Riverfront PUD November 12, 2019 – SECOND READING Page 8 of 8 Exhibit 1 – Phase 1 and Phase 2 Map Attachment D PUD Signature Blocks Owner's Certificate Know all men by these presents that being the sole owners in fee simple of all that real property described as follows: Lot 1 Riverfront Subdivision: located in the south 1/2 of Northwest 1/4 Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. We agree to develop the plan as depicted on this site plan. By: _______________________________ Points of Colorado, Inc. Address: CONFIRM ADDRESS TO USE FOR POINTS OF COLORADO, INC The foregoing signatures were acknowledged before me this________ day of __________________, 2019, by _____________________________ My Commission expires: _____________________ Witness my hand and seal ______________________ Notary Public Town Certificate This Planned Unit Development Plan and the uses, zoning standards and densities are approved for The Riverfront PUD, (Ordinance 19-XX by the Town Council of the Town of Avon, County of Eagle, State of Colorado, this ______ day of ________________, 2019, for filing with the Clerk and Recorder of the County of Eagle. Said approval shall in no way obligate the Town of Avon for any improvements and approval of this PUD Development Plan by the Town is a consent only and is not to be confused as an approval of the technical correctness of this plan or any documentation relating there to. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By: ________________________________ Sarah Smith-Hynes, Mayor Attest: _____________________________ XXXXX XXXXXXXX, Town Clerk Development Standards * NO CHANGE - ALL DEVELOPMENT STANDARDS UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1 Residential/Lodging Uses 1. Hotel rooms and suites; 2. Lodge rooms; 3. Condominiums; 4. Townhomes; 5. Time-share, vacation ownership, and fractional fee ownership; and 6. Accessory or incidental uses consistent with Residential/Lodging Uses at the discretion of the Zoning Administrator. Lodging Support Uses 1. Fitness facilities, locker rooms, reception, and related amenities and services; 2. Indoor and outdoor recreation (e.g. pools, jacuzzis, game rooms); 3. Ski valet and storage; 4. Front desk and lobby; 5. Concierge, valet and bell service areas; 6. Business centers; 7. Housekeeping and laundry facilities; 8. Storage; 9. Mechanical rooms; 10. Restrooms; 11. Administrative spaces used by personnel providing Hotel/lodging services (e.g. reservations, accounting); 12. Maintenance facilities; 13. Meeting pre-function and support spaces; and 14. Other accessory or incidental uses consistent with Lodging Support Uses at the discretion of the Zoning Administrator Standard Commercial Uses 1. Retail Stores; 2. Specialty Shops; 3. Restaurants, Bars and Cocktail Lounges; 4. Wellness Centers (such as physical therapy, medical); 5. Personal service shops; 6. Professional offices, including real estate brokerage and development offices; 7. Ski School Facilities; 8. Lift Ticket Sales Facilities; 9. Financial Institutions; 10. Offices; and 11. Other accessory or incidental uses consistent with Standard Commercial Uses at the discretion of the Zoning Administrator Incidental Commercial Uses 1. Spa treatment rooms, spa retail, spa salon, and 2. Meetings and conference rooms; Public Uses 1. Transportation facilities; 2. Public plazas; 3. Public restrooms; and 4. Public parks and walkways. Temporary Facilities 1. Vacation Ownership/Time Share sales centers of up to 7,000 square feet within the Hotel or Vacation Ownership/Time Share buildings for up to ten years from the issuance of a Temporary Certificate of Occupancy of the first Vacation Ownership/Time Share building; and 2. Other temporary facilities are subject to Special Review Use. Special Review Uses 1. Theatres; 2. Churches; 3. Bed and Breakfast lodges; and 4. Temporary facilities not approved (above) under Temporary Facilities. Land Use Table: LAND USE TABLE MODIFIED FOR LOT 1 ONLY AS FOLLOWS:Parking * NO CHANGE - ALL PARKING STANDARDS UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. Specific requirements by Use Five (5) spaces/1000 GLFA: 1. Retail Stores; 2. Specialty Shops; 3. Restaurants, Bars and Cocktail Lounges public spaces (excludes storage, kitchens and other "back of house" spaces); 4. Wellness Centers (such as physical therapy, medical); 5. Personal service shops; 6. Professional offices, including real estate offices at the plaza level; 7. Ski School Facilities; 8. Lift Ticket Sales Facilities; and 9. Financial Institutions; Four (4) spaces per 1000 GLFA 1. Professional Offices/Offices, if any, on the fifth floor of the Hotel. Two (2) spaces per 1,000 GLFA 1. Spa treatment rooms, spa retail, spa salon; and 2. Meetings and conference rooms. Hotel 1. One (1) space for each Accommodation Unit (as defined in the Development Agreement). 2. 1.2 spaces for each Dwelling Unit (as defined in the Development Agreement). Vacation Ownership 1. 0.75 spaces per bedroom, maximum of 1.5 spaces per Residential Unit. Condominiums and Townhomes other than a Hotel 1. Lots 1,2 & 3 - no change proposed (1.2 space per unit for Lot 1) 2. Lot 4 Condominium Units - 1.0 spaces per unit or as approved in the development plan. 3. Lot 4 Townhome Units - 1.2 spaces per unit or as approved in the development plan. General: 1. Compact parking spaces shall not exceed ten percent (10%) of total parking for the entire project. 2. Total required parking (as defined above) shall be reduced by 15% for facilities on Lots 1, 2 and 3 only. 3. Standard parking spaces on Lots 1 and 3 shall be a minimum width of 8'9'", with standard length of 18' and standard drive lane width of 24'. Lot 1 Permitted Uses by Right Special Review Uses Building Height* Standard Commercial; Incidental Commercial; Residential Lodging Uses; Lodging Support Uses; Temporary Uses and Facilities; Public Uses Theatres; Churches; Other Temporary Facilities; One hundred five feet (105') maximum height limitation, except areas of the lot falling fifty feet (50') from the southern property line, where a maximum height of fifty feet (50') will apply for up to a maximum two thousand square feet (2000 sq. ft.) of building area, and a maximum height of forty five feet (45') will apply to the remainder of the area of the lot falling 50' from the southern property line. General Notes * ITEMS 2a AND 2c AMENDED. ITEMS 3 AND 4 ADDED TO THE GENERAL NOTES. ALL OTHER GENERAL NOTES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. 1. This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Municipal Code not specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD. 2. The minimum building setbacks shall be as follows: a. River: all buildings shall be setback the more restrictive of i) seventy five feet (75') from the Mean Annual High Water Mark or ii) the northern boundary line of Tract "A". Notwithstanding the foregoing, Lot 1's minimum setback shall be the northern boundary line of the utility, path, and drainage easement located along the southern boundary line of Lot 1. Encroachments for porches/decks/overhangs/eaves are permissible subject to design review and easement grantees approval as to specific locations and dimensions. b. Lot Lines: Buildings shall have a zero foot (0') setback from internal lot lines. Buildings shall have a minimum twenty-foot (20') setback from Riverfront Subdivision perimeter lines. Notwithstanding the foregoing, Lot 7's setback from its northern perimeter line shall be ten (10) feet, c. Right-of-way: Buildings shall have a minimum setback of ten feet (10') from the Riverfront Lane road right-of-way. Subterranean encroachments shall be permitted into this setback. Encroachments (such as patios, balconies and eaves) of up to six feet (6') horizontally at finished grade and higher than twelve feet (12') vertically above finished grade may be permitted into this setback for all buildings located on Lot 1, if approved by the Town of Avon Planning and Zoning Commission and Town Council during the Development Review process for Lot 1. 3. The purpose of this PUD Amendment is to modify the height limitation, architectural guidelines, and remove the specific building footprints for Lot 1 to allow for greater flexibility in design and phasing. 4. This Amendment to PUD Development Plan amends the PUD Development Plan for Riverfront Subdivision adopted by Town Ordinance No. 17-16 and recorded at Reception No. 201800835, Eagle County, Colorado (the “Existing PUD Development Plan”) solely with respect to Lot 1, Riverfront Subdivision (“Lot 1”). References herein to new or modified PUD standards, requirements and/or uses apply to Lot 1 only. Except as herein amended for Lot 1, the Existing PUD Development Plan remains fully binding and valid. 5. Owner of Lot 1 shall convey deed restriction(s) for two (2) 1-bedroom residential units or a total gross floor area of residential use of one thousand square feet (1000 sq. ft.) in the Lot1 development to the Town of Avon as a condition of receiving any certificate of occupancy. The deed restriction(s) shall be permanent, recorded at the Eagle County Clerk and Recorders office, shall limit the use of the residential units or space to occupancy by persons employed or working full-time in Eagle County (defined as working at least 32 hours per week for at least 8 months in a calendar year), and the form of the Deed Restriction shall be acceptable to the Town of Avon and shall be consistent with other Deed Restrictions conveyed to the Town of Avon with similar terms. Notes: Actual building heights at various locations on each Lot shall be established through the Town's design review approval process, based on the criteria established in the Town of Avon Municipal Code. In all instances, the maximum allowable percentage of a building ridgeline to be at or near the maximum height shall be governed by the more restrictive criteria of the Riverfront Design Standards and the Town of Avon Municipal Code. Architectural Design and Massing: Final building design shall be established through the Town's design review approval process, based on the criteria established in the Town of Avon Municipal Code. R I V E R F R O N T V I L L A G E Avon, Colorado DESIGN STANDARDS February 23, 2006 *amended December 12, 2017 *amended October 17, 2019 for Lot 1 I. Vision Statement for Riverfront Village NO CHANGE - VISION STATEMENT AND DESIGN STANDARDS RECORDED UNDER EXISTING PUD DEVELOPMENT PLAN REMAIN IN PLACE AS RECORDED. A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture-such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways. II. Site and Village Guidelines ITEM C.2. SITE WALLS AMENDED. ALL OTHER SITE AND VILLAGE GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them-and avoid overwhelming or diminutive massing-and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience.the le 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. Boulder walls shall be permitted in those areas where walls transition the project to natural and surrounding grades, and shall require the approval of the Planning Commission during design and development plan review. D. Site Signage - Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level. III. Architectural Design Guidelines ITEMS A. 2) AND 7) AMENDED. ALL OTHER ARCHITECTURAL DESIGN GUIDELINES UNDER EXISTING PUD DEVELOPMENT PLAN APPLY TO LOT 1. A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms,with particular emphasis in stepping back building height, bulk, and mass in the areas of Lots that are located along the river corridor and recreation path interface. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 1-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs-such as at dormers, porte cocheres, building protrusions, and similar additive forms-may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, roof overhangs are encouraged for buildings on Lot 1, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a "mountain modern" character. b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Greater variation in materials for town homes is contemplated with less reliance on the use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. 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C ALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 4:00 p.m. A roll call was taken, and Council members present were Scott Prince, Amy Phillips, and Tamra Underwood. Council members Jake Wolf, Chico Thuon, and Jennie Fancher were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Deputy Town Manager Preston Neill and Town Clerk Brenda Torres. 2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS Start time: 00:00:20 Part One A review on current and proposed town improvement plans was presented by Town Manager Eric Heil. Councilor Thuon arrived at 4:22 p.m. Councilor Wolf arrived at 4:42 p.m. 3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING (MAYOR SMITH HYMES) The Avon Liquor Authority meeting was called to order at 5:01 p.m. 4. ACTION TO RESUME THE PUBLIC MEETING (MAYOR SMITH HYMES) The Council public meeting resumed at 5:12 p.m. 5. APPROVAL OF AGENDA Start time: 00:56:49 Part One Councilor Prince requested the addition of a discussion item regarding renaming the Columbus Day holiday that the Town of Avon observes. Council agreed to add the item as 8.11. Mayor Smith Hymes requested that item 8.4 be moved to follow 8.1. Council agreed to the change. Councilor Underwood moved to approve the agenda with the requested changes. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher was absent. 6. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Start time: 00:58:23 Part One Town Attorney Paul Wisor disclosed a conflict of interest related to item 8.6 on the agenda, Public Hearing: First Reading Ordinance 19-09, and announced that he would be stepping out of the room during the item. 7. PUBLIC COMMENT Start time: 00:59:05 Part One Joyce Cohen commented on commercial breeding facilities, also known as “puppy mills”, and urged the Council to consider an ordinance that would prohibit the sale of dogs and cats in retail stores that come from puppy mills. Michael Cacioppo reinforced his idea for a convention center in Avon. Michael also commented on the proposed ordinance that would enact regulations on use of expanded polystyrene. AVON REGULAR MEETING MINUTES THURSDAY, OCTOBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO Mark Goodban commented on the proposed ordinance that would enact regulations on use of expanded polystyrene. He voiced his displeasure of the proposed regulations. 8. BUSINESS ITEMS 8.1. RESOLUTION 19-19 SUPPORTING EAGLE COUNTY BALLOT ISSUE 1A–FUNDING TO SUPPORT PUBLIC HEALTH PROGRAMS AND EDUCATION THROUGH THE TAXATION OF TOBACCO AND NICOTINE PRODUCTS (MAYOR SMITH HYMES) Start time: 01:20:27 Part One Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Prince moved to approve Resolution 19-19 Supporting Eagle County Ballot Issue 1A – Funding to Support Public Health Programs and Education through the Taxation of Tobacco and Nicotine Products. Councilor Wolf seconded the motion and the motion passed unanimously by Council members present. Councilor Fancher was absent. 8.4. PUBLIC HEARING: EMERGENCY ORDINANCE 19-10 AMENDING SECTIONS 3.08 AND 3.10 OF THE AVON MUNICIPAL CODE (TOWN ATTORNEY PAUL WISOR) Start time: 01:28:38 Part One Mayor Smith Hymes opened the public hearing and Michael Cacioppo commented on the proposed emergency ordinance. Councilor Underwood moved to approve first and final reading of Ordinance 19- 10 an emergency ordinance amending Sections 3.08 and 3.10 of the Avon Municipal Code. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members present. Councilor Fancher was absent. 8.2. P RESENTATION: EAGLE COUNTY ANIMAL SERVICES IN THE TOWN OF AVON (NATHAN LEHNERT , EAGLE COUNTY ANIMAL SERVICES) Start time: 01:41:02 Part One Nathan Lehnert with Eagle County Animal Services gave a presentation on Eagle County’s Animal Services Department and a proposed county-wide animal services/animal control ordinance to update the current Eagle County ordinance. He expressed that Animal Services’ vision is for all municipalities in Eagle County to adopt the same ordinance for a streamlined process for animal-related violations. Mayor Smith Hymes invited the public to comment and Michael Cacioppo commented. 8.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN M ANAGER ERIC HEIL) Start time: 02:23:28 Part One Mayor Smith Hymes opened the public hearing and comments were made by Michael Correa and Michael Cacioppo. Councilor Underwood moved to continue this item to the October 22, 2019 Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 0. Councilor Prince and Councilor Thuon had stepped out of the room. Councilor Fancher was absent. 8.5. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK A BEAVER CREEK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 00:00:10 Part Two Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Underwood moved to continue this item to the October 22, 2019 Council meeting. Mayor Pro Tem Phillips seconded AVON REGULAR MEETING MINUTES THURSDAY, OCTOBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO the motion and the motion passed on a vote of 4 to 0. Councilor Wolf and Councilor Thuon had stepped out of the room. Councilor Fancher was absent. 8.6. PUBLIC HEARING: FIRST READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS Extension for Lot 1, Riverfront Subdivision (Planning Director Matt Pielsti cker) Start time: 00:07:40 Part Two East West Partners, on behalf of the applicant, Points of Colorado, Inc., gave a presentation requesting a Vested Property Rights Extension and PUD Amendment to allow greater flexibility for a future phased project on Lot 1, Riverfront PUD and Subdivision. Councilor Prince moved to continue this item to the October 22, 2019 Council meeting. Councilor Wolf seconded the motion and the motion passed on a vote of 6 to 0. Councilor Fancher was absent. 8.7. WORK SESSION: PROJECT THOR (IT MANAGER ROBERT MCKENNER) Start time: 01:31:16 Part Two IT Manager Robert McKenner presented on Project THOR. Jon Stavney, Executive Director of the Northwest Colorado Council of Governments , answered various questions from Council regarding Project THOR. Michael Cacioppo commented on Project THOR and current broadband availability in Eagle County. Council gave direction to staff to remove Project THOR expenditures from the proposed 2020 Capit al Improvements Plan because Phase II of Project THOR is not slated to happen in 2020. The majority of Council expressed interest in further studying broadband and Project THOR in 2020. 8.8. PUBLIC HEARING: SECOND READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS (DEPUTY TOWN M ANAGER P RESTON NEILL) Start time: 02:18:44 Part Two Mayor Smith Hymes opened the public hearing and Michael Cacioppo commented. Councilor Underwood moved to approve Second Reading of Ordinance 19-07, Enacting Chapter 1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 2. Councilor Thuon and Councilor Wolf voted no. Councilor Fancher was absent. 8.9. APPROVAL OF REVISED AGREEMENT FOR LEGAL SERVICES WITH ELIZABETH PIERCE-DURANCE, LLC (TOWN ATTORNEY PAUL WISOR) Start time: 02:40:16 Part Two Mayor Pro Tem Phillips moved to approve the Agreement for Legal Services with Elizabeth Pierce- Durance, LLC. Councilor Wolf seconded the motion and the motion carried on a vote of 5 to 0. Councilor Prince had stepped out of the room. Councilor Fancher was absent. 8.10. APPROVAL OF MINUTES FROM SEPTEMBER 24, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Start time: 02:41:49 Part Two Councilor Underwood moved to approve the minutes from the September 24, 2019 Regular Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 1. Councilor Wolf voted no. Councilor Prince was out of the room. Councilor Fancher was absent. AVON REGULAR MEETING MINUTES THURSDAY, OCTOBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO ADDED: COLUMBUS DAY HOLIDAY Start time: 02:42:30 Part Two Council gave direction to staff to consider this suggestion for 2020. Council discussed the idea of changing the name of Columbus Day. Michael Cacioppo commented. Council gave direction to staff to come up with several name suggestions to present to Council at a future Council meeting. 9. WRITTEN REPORTS 9.1. UPDATE ON 2020 COMMUNITY GRANT AWARD RECOMMENDATIONS (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Prince asked a question about the written report on the Update on 2020 Community Grant Award Recommendations. 9.2. ABSTRACT FROM OCTOBER 1, 2019 PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER) 9.3. UPPER EAGLE REGIONAL WATER AUTHORITY SEPTEMBER 26, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 10. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES Start time: 02:54:01 Part Two Mayor Smith Hymes reported on the Mountain Towns 2030 Net Zero Summit that took place in Park City, Utah. She also announced that the Town of Avon will host an event on October 29th encouraging residents to enroll in Holy Cross Energy’s PuRE program to go 100% renewable. Mayor Pro Tem Phillips gave an update on the EGE Air Alliance. Councilor Wolf thanked Council and staff for accommodating the Yom Kippur Jewish holiday by moving the Council meeting from October 8th to October 10th. Councilor Thuon announced that October 10th is World Mental Health Day. 11. EXECUTIVE SESSION FOR A CONFERENCE WIT H THE TOWN ATTORNEY FOR THE PURPOSE OF R ECEIVING LEGAL ADVIC E UNDER C.R.S. §24‐6‐402(2)(B) CONCERNING EXPANDED POLYSTYRENE REGULAT IONS Executive Session will take place in the October 22, 2019 Council meeting. 12. A DJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:46 p.m. AVON REGULAR MEETING MINUTES THURSDAY, OCTOBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 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 Underwood FISCAL YEAR 2019 FINANCIAL REPORT October 22, 2019 ______________________________________________________________________________________ 1. Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – August 3. Accommodations Tax Report – August 4. Real Estate Transfer Tax Report and Monthly Detail – August 5. Recreation Center Admissions – August 6. Recreation Center Program Fees - August 7. General Fund Year-To-Date Expenditures - August 8. Fleet Maintenance Fund Year-To Date Expenditures - August 9. Mobility Fund Year-To Date Expenditures - August TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Nelly Burns, Senior Accountant Meeting Date: October 22, 2019 Agenda Topic: Fiscal Year 2019 Financial Report –August 2019 SUMMARY Revenues SALES TAX Sales tax revenue for the month of August totaled $677,352 an 4.81% increase from the previous year and a 3.90% 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 $8,706 for Home/Garden, $303 for Sporting Good Retail/Rental, $18,190 for Other businesses, and $1,456 for Service-Related businesses. Monthly sales tax collections have decreased ($11,532) for Grocery/Specialty/Health, ($4,383) for Liquor Stores, ($8,857) for Miscellaneous Retail, ($8,032) for Accommodations, and ($1,438) for Restaurants/Bars. Year-to-date sales tax revenues through August have increased 4.08% over the previous year, which is $30,782.70 over the previous year and $217,434.82 over original budget estimates. 0.0020000.0040000.0060000.0080000.00100000.00120000.00140000.00160000.00180000.00200000.00 Sales Tax Comparison by Industry Aug-18 Aug-19 New and Renewed Business, Contractor & Sales Tax Licenses Issued in August Business License - Fixed Location 15 Business License - Home Occupation 1 Business License - Short Term Accommodation 27 Business License – Special Event 8 Business License - Vendor 53 Contractor License 0 Liquor License 0 Sales Tax License 0 Grand Total 104 ACCOMMODATIONS TAX Accommodations tax revenue for month of August totaled $110,203.30, a 12.23% increase from the previous year and a 12.88% 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 $4,258.60 for time shares, $6,320.68 for hotels, and $3,287.06 for vacation rentals compared to August 2018. - 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00 60,000.00 70,000.00 80,000.00 Time Shares Hotels Vacation Rentals August Accommodation Tax Aug-18 Aug-19 CIGARETTE AND TOBACCO TAX Third Quarter Cigarette and Tobacco Tax will be reported in November. REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of August totaled $400,027.60, an increase of 16.54% from the previous year and a positive variance of 59.07% 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 August RETT Transactions which paid 2% tax 13 RETT Exemptions for Primary Residence 9 RETT Exemptions for Full Exemption 8 Deed Restricted & Tax Exempt 2 Grand Total 32 RECREATION CENTER ADMISSIONS August admission fees totaled $70,491.40 a 4.19% decrease from the previous year. This is a 5.39% 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. $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 2015 2016 2017 2018 2019 Recreation Center Admissions August RECREATION CENTER PROGRAM FEES August program fees totaled $52,610.60 which is a 18.47% decrease from the previous year. This is a 21.33% 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 August 2019 total 61.28% 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 August 2019 total 66.41% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds are August 2019 total 42.42% 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 $70,000 2015 2016 2017 2018 2019 Recreation Center Program Fees August TOWN OF AVONSALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 638,863.27$ 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%February673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02% -2.50%March793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46% 14.49%April381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52% -4.34%May340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 422,685.32 7,408.54 0.97% 1.78%June538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 725,840.03 28,578.84 -4.18% 4.10%July570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 755,668.37 51,825.74 8.51% 7.36%August547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 670,351.82 25,141.04 4.81% 3.90%September546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 - - October417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 - - November397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 - - 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 - - Total7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 5,758,245.70$ 217,434.82$ 4.08% 3.92% Actual Collections$520,000$540,000$560,000$580,000$600,000$620,000$640,000$660,000$680,0002015 2016 2017 2018 2019YearSales Tax Collections for August TOWN OF AVON ACCOMMODATIONS TAX 2019 Actual vs. Budget Budget YTD Collections Budget % change % change 2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budget January 129,851.78$ 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 92,411.81 11,231.29 -2.52%13.83% July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 131,645.50 15,715.60 10.20%13.56% August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 110,203.30 12,572.29 12.23%12.88% September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 - - -100.00%-100.00% October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 - - -100.00%-100.00% November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 - - -100.00%-100.00% December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 - - -100.00%-100.00% Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 1,061,383.93$ 73,316.65$ 10.23%7.42% 0.88 0.88 0.97 1.00 0.97 Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2015 2016 2017 2018 2019 Accommodations Tax Collections for August TOWN OF AVON REAL ESTATE TRANSFER TAX 2019 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget January 22,535.00$ 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% February 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% March 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% April 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% May 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% June 90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 237,143.93 (105,996.78) -30.89%-25.57% July 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 86,755.74 (185,664.67) -68.15%-69.16% August 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 400,027.60 56,777.80 16.54%59.07% September 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97 October 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54 November 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57 December 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18 Total 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 1,867,138.35$ (443,420.16)$ -19.19%9.92% Budget 2,775,000.00 Variance, Favorable (Unfavorable)(907,861.65)$ Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2015 2016 2017 2018 2019 Year Real Estate Transfer Tax for August TOWN OF AVON RECREATION CENTER ADMISSION FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.86$ (6,732.57)$ -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 68,601.20 6,740.58 10.41%10.90% July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 88,528.43 13,886.50 22.21%18.60% August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 70,491.40 (4,018.72) -4.19%-5.39% 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 77,672.00 112,201.00 169,092.78 186,927.10 135,975.79 Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 915,000$ 560,944.19$ (15,843.43)$ -0.51%-2.75% Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 2015 2016 2017 2018 2019 Recreation Center Admissions August TOWN OF AVON RECREATION CENTER PROGRAM FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget January 19,367.43$ 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 34,568.93 (14,542.93) -7.15%-29.61% July 48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73 43,607.82 (13,278.91) -12.73%-23.34% August 41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05 52,610.60 (8,230.45) -18.21%-13.53% 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$ 269,830.12$ (73,173.90)$ -18.47%-21.33% Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2015 2016 2017 2018 2019 Recreation Center Program Fees August Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 283,745$ 712$ 201,671$ 81,363$ 71.33% 112 Boards and Commissions 16,049 - 8,021 8,028 49.98% 113 Town Attorney 155,000 65,000 71,782 18,218 88.25% 115 Town Clerk 100,181 6,210 53,579 40,392 59.68% 121 Municipal Court 128,002 4,640 84,618 38,744 69.73% 131 Town Manager 397,457 - 173,526 223,931 43.66% 133 Community Relations 203,196 25,857 105,785 71,554 64.79% Total General Government 1,283,630 102,418 698,981 482,231 62.43% Human Resources Department: 132 Human Resources 506,632 11,678 299,964 194,990 61.51% Finance & IT Department: 141 Finance 959,728 17,361 613,174 329,193 65.70% 143 Information Systems 431,115 36,980 287,405 106,731 75.24% 149 Nondepartmental 584,886 47,636 490,576 46,674 92.02% Total Finance & IT 1,975,729 101,976 1,391,155 482,598 75.57% Total General Gov't Departments 3,765,991 216,073 2,390,100 1,159,818 69.20% Community Development: 212 Planning 343,353 17,310 185,522 140,521 59.07% 213 Building Inspection 180,131 2,100 119,178 58,853 67.33% 215 Town Produced Events 215,397 11,677 176,660 27,060 87.44% 216 Signature Event Seed Funding 500,000 6,894 184,975 308,131 38.37% 217 Community Grants 201,000 - 148,542 52,458 73.90% 218 Salute to the USA 110,715 1,798 201,376 (92,459) 183.51% Total Community Development 1,550,596 39,779 1,016,254 494,563 68.10% Police Department: 311 Administration 846,711 21,216 549,233 276,262 67.37% 312 Patrol 2,812,128 370,316 1,682,769 759,043 73.01% 313 Investigations 315,990 2,073 193,344 120,573 61.84% Total Police 3,974,829 393,605 2,425,346 1,155,878 70.92% Public Works: 412 Engineering 275,025 8,382 160,792 105,851 61.51% 413 Roads and Bridges 2,333,035 119,181 1,474,162 739,693 68.29% 415 Parks 630,423 109,147 292,217 229,058 63.67% 418 Buildings & Facilities 1,251,071 45,686 799,820 405,565 67.58% Total Public Works 4,489,554 282,396 2,726,991 1,480,167 67.03% Recreation Department: 514 Administration 244,300 11,255 157,619 75,426 69.13% 515 Adult Programs 62,395 750 34,315 27,330 56.20% 516 Aquatics 673,414 11,501 454,770 207,143 69.24% 518 Fitness 136,807 708 110,899 25,200 81.58% 519 Guest Services 343,483 1,206 217,251 125,026 63.60% 521 Youth Programs 157,751 2,229 106,745 48,777 69.08% 523 Community Swim Program 91,624 - 55,970 35,654 61.09% Total Recreation 1,709,774 27,650 1,137,569 544,556 68.15% Contingency 45,000 100,000 Operating Transfers 1,750,000 (63,223) 1,870,000 TOTAL OPERATING EXPENDITURES 17,285,744$ 959,502$ 9,633,037$ 6,804,982$ 61.28% Department Expenditure Summaries General Fund August 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$ 70,006$ 1,126,176$ 605,091$ 66.41% Total Operating Expenditures 1,801,273 70,006 1,126,176 605,091 66.41% TOTAL EXPENDITURES 1,801,273$ 70,006$ 1,126,176$ 605,091$ 66.41% Expenditure Summary Fleet Maintenance Enterprise Fund Aug 2019 Expenditures to Date Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 286,200$ 14,330$ 159,103$ 112,767$ 60.60% 432 Transit Operations 2,087,011 2,015 873,689 1,211,307 41.96% 436 Wash Bay 169,093 8,207 100,572 60,314 64.33% 437 Programs 373,720 - 78,956 294,764 21.13% Total Operating Expenditures 2,916,024 24,552 1,212,320 1,679,152 42.42% TOTAL EXPENDITURES 2,916,024$ 24,552$ 1,212,320$ 1,679,152$ 42.42% Expenditure Summary Mobility Enterprise Fund August 2019 Expenditures to Date 1 PZC Abstract – October 15, 2019 Planning & Zoning Commission Meeting Abstract Tuesday, October 15, 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 Howell. III. Conflicts of Interest – Commissioner Hardy and Smith recused themselves from Case #19007. IV. Additions & Amendments to the Agenda – Item VI was added and Items V and VI were reordered. V. Minor Development Plan and Alternative Equivalent Compliance – 2511 Old Trail Road – PUBLIC HEARING File: MNR19030 and AEC19007 Applicant: Heather Cunningham Property: Lot 1 Block 2 Wildridge Subdivision Summary: Application for a fence that does not meet the Avon Municipal Code standards. Action: Commissioner Nusbaum motioned to approve the Case #AEC19007 with the following findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and 5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. Commissioner Dammeyer seconded the motion and it carried 5-1 with Commissioner Golembiewski voting in opposition. Action: Commissioner Nusbaum motioned to approve case #MNR19030 with the following findings: 1. The application is complete; 2. The application provides sufficient information to allow staff to determine that the application complies with the relevant review criteria; 3. The application complies with the goals and policies of the Avon Comprehensive Plan; 4. There is no extra demand for public services or infrastructure exceeding current capacity by the application; 5. The design relates the development to the character of the surrounding community; and 6. The modifications qualify as a Minor Development Plan pursuant to §7.16.080 of the Development Code. Commissioner Barnes seconded the motion and it carried unanimously 6-0. VI. PZC - Town Council Joint Work Session Topics – WORK SESSION 2 PZC Abstract – October 15, 2019 Action: PZC discussed various items to bring up during the joint session. VII. Master Sign Program Amendment – The Westgate Building – PUBLIC HEARING File: SGN19008 Applicant: Bryan with Sign Design & Awnings Property: Lot 3 Block 3 Benchmark at Beaver Creek / 1060 West Beaver Creek Boulevard Summary: Application to amend the sign program to allow for a sign above the entrance for a tenant with over 50% of the second floor. Action: Commissioner Barnes motioned to approve the application with the following findings and conditions: Findings: 1. The application is complete; 2. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 3. The proposed application was reviewed pursuant to §7.16.160(f), Sign Plan. The application meets the sign standards established in the Avon Development Code; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. No extra demand for public services is made by the application; 6. The design relates the development to the character of the surrounding community; 7. The application is not so restrictive as to eliminate individuality but provides for the expectation of attractive sign installation; and 8. Individual dimensional letters with external illumination is similar with Agave’s signage with dimensional letters. Conditions: 1. The applicant shall ensure HOA approval of the changes before the MSP is active; and 2. The Applicant shall produce a single document Master Sign Program that complies with the regulations outlined in Chapter 7.34.101(h) before any sign applications will be accepted for the property; and 3. This Signage is turned off during non-business hours. VIII. Master Sign Program Amendment – The Seasons Building – CONTINUED PUBLIC HEARING File: SGN19007 Applicant: Bryan with Sign Design & Awnings Property: Lot 62/63 Block 2 Benchmark at Beaver Creek / 137 Benchmark Road Summary: Application to amend the sign program to allow for different locations and types of signs. Action: Commissioner Golembiewski motioned to approve the item with the following findings and conditions: Findings: 1. The application is complete; 2. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 3. The proposed application was reviewed pursuant to §7.16.160(f), Sign Plan. The application meets the sign standards established in the Avon Development Code; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. No extra demand for public services is made by the application; 6. The design relates the development to the character of the surrounding community; and 3 PZC Abstract – October 15, 2019 7. The application is not so restrictive as to eliminate individuality but provides for the expectation of attractive sign installation. Conditions: 1. The MSP shall state that tenants that occupy both a first and second story unit shall only receive a first story sign; 2. The MSP shall state that tenants that occupy a second story unit shall only receive a sign on the second story; 3. The MSP shall state that tenant signage is encouraged to be three dimensional (i.e. blades and/or dimensional creative signs) and the fees may be waived by Town; 4. The Applicant shall produce a single document Master Sign Program that complies with the regulations outlined in Chapter 7.34.101(h) before any sign applications will be accepted for the property; and 5. The design section on Attachment A shall remove the included note. Commissioner Nusbaum seconded the motion and it carried unanimously 4-0. IX. Consent Agenda A – PZC Meeting Minutes – October 1, 2019 Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner Barnes seconded the motion and it carried unanimously 6-0. X. Adjourn