The URL can be used to link to this page

TC Packet 04-13-2021_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, April 13, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AVON TOWN COUNCIL EXECUTIVE SESSION BEGINS AT 4:00 PM Executive Session for the purpose of receiving legal advice concerning water rights and water agreements pursuant to § 24-6-402(4)(b), C.R.S. (Town Attorney Paul Wisor) (40 Minutes) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. Work Session: Off Road Vehicles (Chief of Police Greg Daly) (60 Minutes) 5:15 5.2. Work Session: Real Estate Transfer Tax (Town Manager Eric Heil) (30 Minutes) 6:15 5.3. Work Session: Rec Center Mural Installation (CASE Manager Danita Dempsey) (30 Minutes) 6:45 5.4. First Reading of Ordinance 21-06 Amending Chapter 13.04 of the Avon Municipal Code Pertaining to Water Use Restrictions (Town Attorney Paul Wisor) (15 Minutes) 7:15 5.5. Public Hearing: Major Development Plan for Riverfront Lot 1 Townhomes – Phase I (Planner David McWilliams) (15 Minutes) 7:30 5.6. Resolution 21-08 Wildwood South Townhomes Tax and Fee Waiver (Planning Director Matt Pielsticker) (15 Minutes) 7:45 5.7. Resolution 21-09 Repealing Emergency Ordinance 20-08 Concerning Indoor Face Covering Requirements (Town Manager Eric Heil) (15 Minutes) 8:00 5.8. Work Session: Open Container Regulations (Town Manager Eric Heil) (15 Minutes) 8:15 5.9. Quarterly Update on 2021 Department Goals (Town Manager Eric Heil) (10 Minutes) 8:30 6. MINUTES 6.1. Approval of March 23, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 8:40 7. WRITTEN REPORTS 7.1. April 6th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. March 18th CASE Committee Draft Meeting Minutes (General Government Intern Emily Myler) _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 7.3. Upper Eagle Regional Water Authority Mar 25, 2021 Meeting Summary (Mayor Smith Hymes) 7.4. Eagle County Regional Transportation Authority Mar 17, 2021 Meeting Minutes (Mayor Smith Hymes) 7.5. Capital Improvements Project Update (Town Engineer Justin Hildreth) 7.6. Manhole Adjustments in Roadway (Town Engineer Justin Hildreth) 7.7. Home Occupation License Report (General Government Intern Emily Myler) 7.8. Community Survey** (Communications Manager Elizabeth Wood) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:45 9. ADJOURN 9:00 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS o Presentation: ClearGov Digital Budget and Transparency Platform (Finance Director Scott Wright) o 2021 Budget Amendments (Finance Director Scott Wright) o Presentation: overhaul of discoveravon.org website (Communications Manager Elizabeth Wood) o Work Session: Community Survey (Communications Manager Elizabeth Wood) o Presentation: Water Supply Master Planning #2 (Linn Brooks, General Manager at the ERWSD) o Riverfront Lot 1 Condo Building – Phase II (Planning Director Matt Pielsticker) o Work session on the design, cost and community engagement for the improved parking on the north side of Nottingham Park on West Beaver Creek Blvd (Town Engineer Justin Hildreth) o PZC Appointments – 4 seats (Matt Pielsticker) o First Reading of Ordinance 21-XX Model Traffic Code (Town Prosecutor Elizabeth Pierce Durance) o Second Reading of Ordinance 21-06 Amending Chapter 13.04 of the Avon Municipal Code Pertaining to Water Use Restrictions (Town Attorney Paul Wisor) o MOU with United States Forest Service concerning FSR 7 -779 Metcalf Creek Road o Potential Resolution in Support of Oil and Gas Leasing Pause (Anna Peterson, Mountain Pact) o Written Report: Contract Archive Procedures (Town Clerk Brenda Torres) o First Reading Ordinance 21-05 Amending Avon Municipal Code to change the definition of a reusable bag (Town Attorney Paul Wisor and General Government Intern Emily Myler) o Art Installations Update: Art Around Avon (CASE Manager Danita Dempsey) (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Off Highway Vehicle use on public roads in the Wildridge sub-division DATE: February 18, 2021 SUMMARY: This report supplies materials and information regarding the use of Wildridge public roads by Off Highway Vehicle (“OHV”) users/ enthusiasts. An OHV, C.R.S. 42-6-102 (11.5), is defined as: A self- propelled vehicle that is: Designed to travel on wheels or tracks in contact with the ground. Designed primarily for use off of the public highways and generally and commonly used to transport persons for recreational purposes. OHV’s include off road dirt bikes, all-terrain vehicles (“ATVs”) to include razor style side by side off road vehicles, surplus military vehicles and snowmobiles. The information is provided for a work session to discuss the two sides of this passionate topic. Staff is seeking direction on whether to proceed with equal enforcement of current Municipal Code requirements, which limit OHV use on public roads, or to consider the adoption of an Ordinance changing the Municipal Code to permit legal (restricted) use of such vehicles on defined roads and routes in the subdivision. BACKGROUND: Off Highway Vehicle travel on public streets in Wildridge from private Wildridge residences to trailhead entrances has been a hotly debated issue for many years. There are two trailhead entrances at the June Creek Trail access to Forest Service Road (“FSR”) 7171B and access from Wildridge Road to FSR Road 779/ Metcalf Creek Road. Over the last 15 years, Avon Chiefs of Police, based on general community sentiment and on a very low level of citizen complaints, have allowed the reasonable use of OHVs on Town streets as long as the vehicle users obeyed traffic laws and were respectful of their neighbors. The Avon Police Department has taken action when Off Highway Vehicle users have disregarded traffic laws like speed and stop signs. Avon Police Officers have had relatively few complaints from residents about OHV usage and the majority of those complaints have been dirt bike related. However, there are a few residents where the OHV use and associated noise has impacted more than others. Over the sixteen (16) years, 2004 to date, according to available police dispatch records, the Avon Police Department dealt with the following OHV complaints;  Three (3) dirt bike complaints on public roads (one each in 2012, 2014 and 2019)  Five (5) ATV complaints on public roads (two in 2007, one each in 2008, 2012,2014,  Two (2) snowmobile complaints on public roads (two in 2018) There have been 12 other complaints about dirt bikes, ATV’s and snowmobile’s ranging from driving in private yards to agency assists for ATV accidents on Forest Service lands. The entrance gates to FSR 7171B and FSR Road 779 have been closed by the U.S. Forest Service during the winter season months, so the prevalence of snowmobilers or snowmobile related complaints has been reduced. There are passionate users of off highway vehicles living in Wildridge, who will say that they moved to Wildridge primarily to use the off-road trails that are easily accessible from their homes, albeit, requiring Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 2 of 19 them to travel on a town road to access the trails. On the other side of the discussion, are residents who firmly believe that off road vehicles should be prohibited from use on public streets, that it is illegal and that they have ongoing concerns for the occasional users who speed, at times carelessly operate their ATVs, Razors or dirt bikes and create anti-social noise from loud exhausts. Avon Police did position a staff member on June Creek Trail for over one-month last summer to address anti- social vehicle use coming off FSR 7171 A/June Creek Trail access. However, this is an expensive use of resources and is untenable on an ongoing basis. Matt Pielsticker Community Development Director includes the following information regarding the original and current Wildridge covenants. It should be noted that covenants are generally enforced by a Homeowners Association and Wildridge does not have a master Homeowners Association. The Wildridge Protective Covenants (the “Covenants”), last updated and recorded on September 14, 1982, provide clear guidance with respect to OHVs. While there has not been an active covenants committee since the original Wildridge developers sold the final properties, this information is provided for context, as they remain enforceable by any individual property owner within. The Covenants mirror the currently adopted Municipal Code restriction on OHV use. Section 27 of the Covenants reads “Recreation Off-Road Vehicles: No person or group of persons shall operate a snowmobile, skimobile, skidoo, snocat or other similar type of snow vehicle or motorcycle, trail bike, ATV or similar motorized vehicle or any aircraft upon any public street, way, sidewalk, Tract, lot or any land within the Subdivision except for emergency or authorized maintenance purposes. The 2020 Wildridge Community Survey provides a snapshot review of sentiment related to motorized vehicle use on United States Forest Service (“USFS”) 779, Metcalf Creek Road. This USFS road at the top of the subdivision has long been a popular access point from Town rights-of-way to get up further into the national forest. Of those who responded to the survey, the majority of residents or property owners either use the roadway for passive recreation (40%) or do not use it at all (20%). In the summer 17% of respondents listed that they use USFS 779 for motorized OHV use, and 4% listed snowmobiling use in the winter months. When asked about continuing or the possibility of discontinuing use of USFS 779 for OHV use, the responses were mixed as follows: Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 3 of 19 If you use Road #779, for what purpose(s)? 40% Passive recreation including walking, running, hiking 20% Do not use Road #779 17% Summer motorized use include 4x4, ATV, motorcycle 15% Bicycling 4% Other 4% Winter snowmobiling Do you believe that Road #779 needs improvements to prevent further deterioration? 37% Unsure 35% Yes 28% No Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 4 of 19 Do you support continued motorized vehicular and recreation use of Road #779? 16% Very opposed 15% Opposed 26% Neutral 22% Supportive 21% Very supportive It should be noted that the Open Comments portion of the 2020 Wildridge Community Survey elicited several comments related to “disrespectful drivers”, excessive speed, and/or noise stemming from OHV use in the community. These comments were balanced with the sentiment that motorized vehicle access opportunities increase the value of properties and may have been a determining factor when purchasing property in the subdivision. Andrea Bryan, attorney at Garfield Hecht has prepared a legal advice memo articulating the current legal status, providing information on ordinances for OHV use in the Eagle and Gypsum communities and provides Council with the choice of either formally banning off highway vehicle use or formally passing an ordinance allowing OHV use with certain restrictions (Attachment A) In addition, I have included data regarding OHV use in other Colorado communities (Attachment B) FINANCIAL IMPLICATIONS: No direct implications. Depending on the consensus of the council, the Avon Police Department will either completely enforce no OHV use on streets or if an ordinance is passed, APD will enforce violations of the ordinance. Any fines generated from enforcement are coded to and support the operation of the Avon Municipal Court. It should be noted that a small surcharge is added to municipal traffic violation tickets, used by the Town of Avon to fund police training. Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 5 of 19 ATTACHMENT A: Memorandum from Andrea Bryan, Attorney, Garfield & Hecht, P.C. ATTACHMENT B: OHV’s in Colorado source: www.Staythetrail.org Thank you, Chief Greg Daly ### Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 6 of 19 Attachment A TO: Honorable Mayor Smith Hymes and Council members FROM: Garfield & Hecht, P.C. RE: Off-Highway Vehicle Operation DATE: March 9, 2021 SUMMARY: This memo addresses the legality of the use of off-highway vehicles on Town roads and what options the Town has to regulate such use. BACKGROUND: The Town has received complaints from some Town residents about off- highway vehicles being driven through neighborhoods to access nearby trails for off-roading. At the same time, many off-highway vehicle users support the use of Town roads to access such trails for recreational purposes. Town Council has sought input regarding the current legal framework surrounding off-highway vehicles on municipal streets and whether, and how, such activity can be regulated. ANALYSIS: Colorado state law prohibits operation of off-highway vehicles 1 on Town streets and roads unless the Town has “authorized by ordinance or resolution the establishment of off- highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads.” 2 The Town has not adopted an ordinance or resolution permitting or regulating the use of 1 State law defines off-highway vehicles as “any self-propelled vehicle that is designed to travel on wheels or tracks in contact with the ground, designed primarily for use off of the public highways, and generally and commonly used to transport persons for recreational purposes.” The definition does not include: (a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles; (c) Golf carts; (d) Vehicles designed and used to carry individuals with disabilities; (e) Vehicles designed and used specifically for agricultural, logging, or mining purposes; or (f) Vehicles registered pursuant to article 3 of title 42. 2 Specifically, C.R.S. § 33-14.5-108 provides: (1) No off-highway vehicle may be operated on the public streets, roads, or highways of this state except in the following cases: (a) When a street, road, or highway is designated open by the state or any agency of the state; (b) When crossing streets or when crossing roads, highways, or railroad tracks in accordance with section 33-14.5- 108.5; Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 7 of 19 off-highway vehicles on Town streets. Thus, at this time, off-highway vehicles are not permitted to be driven on Town streets or roads, with some very limited exceptions provided in the state statute. State law further provides that a local government may enact regulations governing the operation of off-highway vehicles “on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving appropriate notice of the regulation if the regulation is not inconsistent with this article and the rules promulgated under this article.” See C.R.S. § 33-14.5-110. The statute then goes on to list local regulations that are not deemed inconsistent with state law, including: requiring the driver to have a driver's license and to carry liability insurance, wear seatbelts and use child-restraint systems, requiring eye protection, use of helmets, and limiting the number of occupants. The Town of Gypsum serves as an example of a Colorado town that does allow the use of town roads for off-highway vehicles. A copy of Gypsum’s off-highway vehicle ordinance is attached hereto as Exhibit A. Gypsum chose to designate all streets, roads, and alleys within the town (excepting roads that are part of the state highway system) as “limited off-highway vehicle routes,” allowing such use for limited purposes to travel directly to certain designated areas via designated access routes. Gypsum’s scheme also imposes numerous regulations and requirements for operation of off-highway vehicles within the town, including registration and insurance requirements, speed limit and other safety requirements, and imposes penalties for any violations of its ordinance. (c) When traversing a bridge or culvert; (d) During special off-highway vehicle events lawfully conducted pursuant to the authority granted to local political subdivisions in this article; (e) During emergency conditions declared by the proper state or local authority; (f) When local political subdivisions have authorized by ordinance or resolution the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads, but no street or road which is part of the state highway system may be so designated; (g) When using an off-highway vehicle for agricultural purposes; (h) When authorized under subsection (3) of this section; and (i) When a public utility, as defined in section 40-1-103(1), C.R.S., or a cooperative electric association, as defined in section 40-9.5-102, C.R.S., or any agent thereof designated specifically for the purpose of meter reading or repair, is using an off-highway vehicle for business purposes. (2) Any person who violates subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 8 of 19 The Town of Eagle has similarly passed an ordinance designating Town roads and streets as limited off-highway vehicle routes, where off-highway vehicles are permitted “for the limited purpose of traveling to or from the owner or operator’s residence or place of storage directly to or from a recreational site that allows the use of such vehicles.” (Emphasis added). Eagle’s ordinance imposes similar restrictions on the use of off-highway vehicles to those found in the Gypsum ordinance, and also includes an absolute speed limit of 15 miles per hour. A copy Eagle’s ordinance is attached as Exhibit B. If Council wishes to permit the use of designated Town streets and roads for use by off-highway vehicles, Council would need to enact an ordinance 3 establishing designated off-highway vehicle routes and rules that apply to use of off-highway vehicles, such as speed limits, registration, and insurance, etc. Gypsum and Eagle’s ordinances serve as a good examples should Council choose to go this direction. In the alternative, Council may choose to keep the status quo, under which use of Town streets and roads by off-highway vehicles is prohibited under state law, punishable by a fine of fifty dollars. FINANCIAL CONSIDERATIONS: Any financial impacts to the Town should be negligible. If Council chooses to enact rules regarding off-highway vehicles punishable by a fine, the Town will receive those funds. RECOMMENDATION: As discussed above, Council has two main options: (a) Council may choose to enact an ordinance or resolution establishing designated off-highway vehicle routes, thereby legalizing and regulating the use of off-highway vehicles on certain designated routes, or (2) Council may choose not to enact such an ordinance or resolution, in which case off-highway vehicles will continue to be a prohibited use on Town roads and streets per state law. 3 While the state statute conceivably permits a local government to pass a resolution regulating off-highway vehicles, if the Council wishes any rules and regulations related to off-highway vehicles to be enforceable by fine or otherwise, then the regulations must be passed via Ordinance. Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 9 of 19 Exhibit A – Town of Gypsum Off-Highway Vehicle Ordinance Chapter 10.02 - OFF-HIGHWAY VEHICLES 10.02.010 - Definitions. The following words, terms and phrases, when used in this chapter 10.02, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Off-highway vehicle means any self-propelled vehicle which is designed to travel on wheels in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. "Off- highway vehicle" does not include the following: (1) Vehicles designed and used primarily for travel on, over, or in the water; (2) Snowmobiles; (3) Military vehicles; (4) Golf carts; (5) Vehicles designed and used to carry individuals with disabilities (6) Vehicles designed and used specifically for agricultural, logging, or mining purposes; (7) Vehicles registered pursuant to Article 3 of Title 42, C.R.S.; (8) Self-balancing motorized personal vehicles, including but not limited to hoverboards, kickscooters, e-scooters, self-balancing scooters, and self-balancing transporters; or (9) Ride-on lawn mowers. Off-highway vehicle route means any road, trail, or other public way owned or managed by the town and designated for off-highway vehicle travel pursuant to this chapter. Operator means any person having physical custody of or using an off-highway vehicle. Owner means any person, other than a lienholder, having a property interest in an off-highway vehicle and entitled to the use and possession thereof. (Ord. No. 2019-09, § 1(Exh. A), 8-13-19) 10.02.020 - Off-highway vehicle routes designated. Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 10 of 19 In accordance with C.R.S. § 33-14.5-108, excluding Highway 6 from Jules Drive east to the town boundaries and any street or road which is part of the state highway system, all other streets, roads, and alleys within the town are hereby designated as limited off-highway vehicle routes. Off- highway vehicles shall be permitted on such routes for the limited purpose of traveling to or from the owner's or operator's residence or place of storage directly to the following town-owned recreational areas and recreational areas immediately adjacent to the town's boundaries: (a) Hardscrabble special recreation management area via any of the following routes: (1) BLM access in Siena Lake; (1) BLM access in Buckhorn Valley; and (1) BLM access from Spring Creek Road. (b) Gypsum Hills Extensive Recreation Management Area via the BLM access from Trail Gulch Road. (c) Red Hill from any of the following routes: (1) BLM access from Cottonwood Pass Road; (2) BLM access from Legend Drive in Sky Legend; and (3) BLM access from Highlands Road. (d) Dry Lake Motocross Park via Trail Gulch Road, provided that Eagle County authorizes off-highway vehicles to travel on Trail Gulch Road. (Ord. No. 2019-09, § 1(Exh. A), 8-13-19) 10.02.030 - Regulations concerning the operation of off-highway vehicles within the town. No off-highway vehicle shall be operated on any off-highway vehicle route within the town except in accordance with the following. This chapter shall not apply to use of off-highway vehicles during applicable emergency conditions declared by the town or proper state authority, or to off-highway vehicles used solely on private property. (a) Every off-highway vehicle shall be currently registered with the State Division of Parks and Wildlife. (b) Every off-highway vehicle shall be covered by either an insurance policy complying with the state's requirements for motor vehicles or a certificate of self-insurance in full force and effect which complies with the state's requirements for motor vehicles. When an accident occurs, or when requested to do so following any lawful traffic contact, or during an investigation by a peace officer, no owner or operator of an off-highway vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (c) No person shall operate an off-highway vehicle at a speed greater than is reasonable and prudent under the conditions then-existing, and in no event greater than the posted speed limit within business districts and 15 miles per hour in a residential zone district. Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 11 of 19 (d) Any person who drives an off-highway vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property shall be deemed guilty of reckless operation of an off-highway vehicle. (e) Any person who operates an off-highway vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, pedestrians and use of the streets, and all other attendant circumstances, shall be deemed guilty of careless operation of an off-highway vehicle. (f) A person operating an off-highway vehicle shall observe all official traffic control devices, including signs and signals, as set forth in the Model Traffic Code for Colorado Municipalities, as adopted by reference by the town, and shall further operate such off- highway vehicle in the manner required for vehicles under the Model Traffic Code for Colorado Municipalities, as adopted by reference by the town, except as otherwise provided in this chapter. (g) No off-highway vehicle shall be operated between the hours of sunset and sunrise unless such off-highway vehicle is equipped with at least one lighted headlamp and one lighted taillamp, each having the minimum candlepower prescribed by the regulations of the state. (h) No off-highway vehicle shall be operated unless such off-highway vehicle is equipped with brakes and a muffler and spark arrester which conform to the standards prescribed by the regulations of the state. (i) No person shall operate an off-highway vehicle unless such person has a current valid driver's license and is at least 16 years of age, unless supervised by an adult traveling on a separate off-highway vehicle who is riding immediately next to, in front of, or behind the minor operator. (j) Any operator of an off-highway vehicle that is under the age of 18 years shall wear a safety helmet. (k) An off-highway vehicle shall not carry more people than such vehicle is designed to carry. (l) An off-highway vehicle shall not tow objects or people behind such vehicle. (m) No off-highway vehicle shall be operated on sidewalks within the town. (n) Operators of off-highway vehicles shall use proper hand signals to warn other drivers of their intentions such as to turn or stop. (o) Operators of off-highway vehicles shall wear proper eye protection. (Ord. No. 2019-09, § 1(Exh. A), 8-13-19) 10.02.040 - Penalties. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter Off-Highway Vehicle Use in Wildridge February 18, 2021 Page 12 of 19 commits a civil infraction. The municipal judge is hereby authorized to promulgate a penalty assessment schedule for violations of this chapter in accordance with Rule 210(b)(5) of the Colorado Municipal Court Rules of Procedure. Fines and costs shall be paid to, received by, and accounted for by the court clerk. (Ord. No. 2019-09, § 1(Exh. A), 8-13-19) EXHIBIT B - TOWN OF EAGLE OFF-HIGHWAY VEHICLE ORDINANCE CHAPTER 11.09. - OFF-HIGHWAY VEHICLES Section 11.09.010. - Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings hereinafter designated unless such meaning is excluded by an express provision. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Off-highway vehicle means any self-propelled vehicle which is designed to travel on wheels in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes, as further defined in C.R.S. Title 33, Art. 14.5 Off-highway vehicle route means any road, trail, or other public way owned or managed by the Town and designated for off-highway vehicle travel. (Code 1972, § 11.09.010) Section 11.09.020. - Off-highway vehicle routes designated. In accordance with C.R.S. § 33-14.5-108, all Town streets, roads, and alleys, except any street or road which is part of the State Highway System, within the Town are hereby designated as limited off-highway vehicle routes. Off-highway vehicles shall be permitted on such routes for the limited purpose of traveling to or from the owner's or operator's residence or place of storage directly to or from a recreational site that allows the use of such vehicles. (Code 1972, § 11.09.020) Section 11.09.030. - Regulations concerning the operation of off-highway vehicles within the Town. No off-highway vehicle shall be operated on the public streets, roads, and alleys within the Town except in accordance with the following: A. Every off-highway vehicle operated on the Town's streets, roads and alleys shall be currently registered with the State Division of Parks and Wildlife. Page 14 of 19 B. No owner of an off-highway vehicle shall operate such vehicle, or permit it to be operated, on the Town's streets, roads and alleys when the owner has failed to have an insurance policy complying with the requirements for motor vehicles or a certificate of self-insurance in full force and effect. When an accident occurs, or when requested to do so following any lawful traffic contact, or during an investigation by a peace officer, no owner or operator of an off-highway vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. C. No person shall operate an off-highway vehicle at a speed greater than is reasonable and prudent under the conditions then-existing, and in no event greater than 15 miles per hour. D. Any person who drives an off-highway vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property shall be deemed guilty of reckless operation of an off-highway vehicle. E. Any person who operates an off-highway vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, pedestrians and use of the streets, and all other attendant circumstances, shall be deemed guilty of careless operation of an off-highway vehicle. F. A person operating an off-highway vehicle on any street or alley shall observe all official traffic control devices, including signs and signals, as set forth in the Model Traffic Code for Colorado Municipalities, as adopted by reference by the Town, and shall further operate such off-highway vehicle in the manner required for vehicles under the Model Traffic Code for Colorado Municipalities, as adopted by reference by the Town, except as otherwise provided in this chapter. G. No off-highway vehicle shall be operated on any public street, road, or alley between the hours of sunset and sunrise unless such off-highway vehicle is equipped with at least one lighted headlamp and one lighted taillamp, each having the minimum candlepower prescribed by the regulations of the State. H. No off-highway vehicle shall be operated on any public street, road, or alley unless such off-highway vehicle is equipped with brakes and a muffler and spark arrester which conform to the standards prescribed by the regulations of the State. I. No person shall operate an off-highway vehicle within the Town unless such person has a current valid driver's license and is at least 16 years of age. Page 15 of 19 J. Any operator of an off-highway vehicle on Town streets and alleys that is under the age of 18 years shall wear a safety helmet. In the case of dune buggies, any person under the age of 16 years shall have the proper safety restraints as required by C.R.S. § 42-4- 237 while such vehicle is operated on Town streets and alleys. K. An off-highway vehicle operated within the Town shall not carry more people than such vehicle is designed to carry. L. An off-highway vehicle operated on Town streets and alleys shall not tow objects or people behind such vehicle. M. No off-highway vehicle shall be operated on sidewalks within the Town. N. Operators of off-highway vehicles on Town streets and alleys shall use proper hand signals to warn other drivers of their intentions such as to turn or stop. O. All operators of off-highway vehicles within the Town shall wear proper eye protection. (Code 1972, § 11.09.030) Section 11.09.040. - Penalties. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of Sections 11.09.020 and 11.09.030(A), (B) and (D) commits a Class B municipal offense. Any person who violates any other provision of this chapter, not resulting in appreciable damage to the property of another or any injury or death to any person, commits a non-criminal municipal offense. Any violation of this chapter which does result in appreciable damage to the property of another or an injury or death to any person shall be deemed a Class B municipal offense. The Municipal Judge is hereby authorized to promulgate a penalty assessment schedule for violations of this chapter in accordance with Rule 210(b)(5) of the Colorado Municipal Court Rules of Procedure. Page 16 of 19 Attachment B OHVs in Colorado source: www.Staythetrail.org Chaffee County Designated Roads Only, must be registered w/ CPW, must have DL and be at least 16 yrs. Old., Muffler, Spark Arrester, and Lights at Night Required. Custer County All county roads including towns of Silver Cliff and West Cliffe. Rules for county apply. Craig, City of All city streets. City permit required, driver’s license required, other rules apply. Creede, City of Only certain roads, license AND insurance required, 15 MPH OHV speed limit. Eagle, Town of OHV route direct to/from Hardscrabble trailhead-OHV reg/permit req’d., 48″ veh. width max. Empire, City of City streets open to OHVs, NOT adjacent county roads. Garfield County Designated Roads only, license AND liability insurance required, 35 MPH limit OR posted speed limit (whichever is less) , eye protection required, helmets under 18 yrs old, front and rear lights. Grandby, Town of Ordinance #852, certain city streets only, CPW-Title 33 rules apply. Grand County Certain specified county roads, rules pending OHV Hearings in 2017. Grand Lake Designated OHV routes. Gunnison County Sections of designated county roads only. Gypsum, Town of Limited OHV use on routes direct to/from trailhead. Hinsdale County OHVs are allowed on all roads in Hinsdale County and the Town of Lake City, Other OHV regulations include: Jackson County Designated county road sections only, contact county offices. Kremmling, City of Specific OHV route providing direct access to Wolford Mtn. Page 17 of 19 Lake City OHVs are allowed on all roads in Hinsdale County and the Town of Lake City, Other OHV regulations include: Lake County All county roads, (Leadville also allows), license required, lights or daylight hrs. only. Leadville, City of Certain routes pending OHV map/signage, same rules as Lake County. Meeker, Town of 10.5.102 – In accordance with Section 33-14.5-108(1), C.R.S., all Town roads, roadways or alleys, except any road or roadway that is part of the state highway system within the Town, are hereby designated as off- highway vehicle routes. Mesa County All county roads in unincorporated Mesa County, driver’s license, and minimum liability insurance, maximum speed the lesser of: posted limit or 35 mph, Title 33 equipment rules apply. Moffat County All county roads unless otherwise posted. Montezuma County All county rds. w/in unincorporated areas of the county, license and liability insurance required, and all Title 33-14.5 equipment rules apply, OHV speed limit 50 mph or posted limit whichever is less. Montrose County Designated county roads only including connections for Rimrocker Trail and unincorp. towns (Nucla/Naturita) with the following restrictions (does NOT include state HWY): Ouray County Designated county roads only, routes on Alpine Loop, must have CPW reg/permit, driver’s license, and CO state minimum liability insurance, NO Ouray City Streets or state Hwy 550. Parachute, City of All city streets, awaiting restrictions, please contact. Pitkin, Town of Valid driver’s license (no child operators), CPW OHV permit/reg, spark arrester, legal Dba muffler required, 15 mph OHV limit on all streets, no through traffic on side streets or alleys. Page 18 of 19 Rangley, Town of Ordinance #685 – Use of Registered Recreational Off-Highway Vehicles, SPECIFIC OHV Rules including process for certifying minors to operate OHVs through Rangely PD, Title 33-14.5 rules apply as well as other town rules. Rio Blanco County All County Roads EXCEPT County Roads 1 (Blue Mountain Road), 5 (Piceance Creek Road) and 7 (Strawberry Creek Road), including a right-of- way along State Highway 13, from School Street to CR #8, connecting Town of Meeker OHV route to Wagon Wheel OHV Trail System on USFS lands. San Juan County San Juan County has designated various routes in the county and on the Alpine Loop for ATV and unlicensed motorcycle use. Riders must be 16 years of age and have a valid driver’s license. All ATV’s and unlicensed motorcycles must carry liability insurance and be able to provide proof of that insurance. A map of the designated routes for these vehicles can be obtained at the parking/unloading areas or from the San Juan County Sheriff’s Office. San Miguel County Designated county roads only, routes on Alpine Loop, K68 Imogene Pass Rd. and K69 Black Bear Pass Rd. must have CPW reg/permit, driver’s license, and liability insurance. Silverton, City of Designated OHV route only including access to the business district and the Alpine Loop, specific OHV route is marked with yellow signage and arrows. Model traffic code as well as other rules apply. See link below. South Fork, City of Town and CPW OHV Permits required, must pass inspection and test and pay fee to receive town OHV permit & flag. Designated routes only, maps provided at Visitor Center. Sterling, City of It shall be legal for licensed drivers at least eighteen (18) years of age to operate an OHV (off-highway vehicle) on the public streets within the city, providing that said vehicle is registered with the city. Register at the police department. Owners must provide the following: Bill of sale, title of vehicle or proof of ownership and Proof of current insurance. Page 19 of 19 Teller County Designated county roads only. Victor, City of Awaiting changes/ restrictions pending Teller county approval. Contact town manager. Westcliffe and Silver Cliff, Towns of Contact Custer County S.O. for rules regarding OHV use in these unincorporated towns. TO: Honorable Mayor Smith Hymes and Council members RE: Public Comments Received Road 779 DATE: Compiled on April 7, 2021 Council has received multiple public comments via email between March 2020 and March 2021. The various comments are compiled below in chronological order. Private email addresses and phone numbers have been removed. Page 2 of 43 From: McDavid, Janet L. Sent: Wednesday, March 11, 2020 1:09 PM To: Sarah Smith Hymes <shymes@avon.org>; Eric Heil <eheil@avon.org>; Jennie Fancher <jfancher@avon.org>; Jake Wolf <jwolf@avon.org>; Scott Prince <sprince@avon.org>; Chico Thuon <cthuon@avon.org>; Tamra Underwood <tunderwood@avon.org>; Amy Phillips <aphillips@avon.org> Cc: G McDavid Subject: Wildridge - Proposed Action to Quiet Title I was astonished to learn that the Avon Town Council is considering an action to quiet title in Wildridge as an end-run around the Wildridge covenants, which require that you secure consent from Wildridge homeowners with respect to a proposal to build community housing. The notion that you would even consider doing so without any consultation with Wildridge homeowners is quite outrageous. The supposed rationale is that there are more Wildridge homeowners now than there were when the covenant were adopted. That is simply inconsistent with any concepts of democracy. Allowing input from Wildridge homeowners should have been the first step in this process, not a step that you would try to avoid through an action to quiet title. But that appears to be the direction you propose to go. It is very surprising that elected officials have so little regard for consultation with their constituents. For reasons that I don’t understand, the Council does not seem to think it needs to consult with Wildridge homeowners about issues that affect them most directly, such as the 2016 mountain biking trail proposal or the proposal to expand US Forest Service Road 779 or now the Wildridge covenants. I do not object to the idea of building additional housing because there is a need for additional affordable housing. But there are issues involved that directly affect Wildridge homeowners, such as additional traffic, effects on wildlife, and most significantly, emergency access and egress from Wildridge in the event of a major fire since, as you know, there is only one road out of Wildridge. These are all issues that should be discussed directly with Wildridge homeowners rather than trying to find a way to avoid having to discuss those issues by filing an action to quiet title to eliminate the restrictions in the Wildridge covenants. Janet McDavid 5531 Coyote Ridge Avon, CO 81620 Page 3 of 43 From: Carroll Tyler Sent: Wednesday, March 11, 2020 2:19 PM To: Council Everyone Group <council@avon.org> Cc: McDavid, Janet L. Subject: Quiet title Issue I agree with Janet McDavid’s letter of today objecting to this proposed action. You all have got to listen to us in Wildridge who are against this and turning Road 779 into a motorized highway!! Carroll Tyler Carroll Tyler Broker Associate | Realtor Slifer Smith & Frampton Real Estate 230 Bridge St., Vail, CO 81657 Page 4 of 43 From: James Tharp Sent: Monday, July 20, 2020 6:52 PM To: Tamra Underwood <tunderwood@avon.org> Subject: Fence Hi- we are at 4686 N Point. BLM adjoins our property. How come they removed the fence delineating public lands behind our house? If there is no replacement this fall vehicles will just drive around the gate effecting wildlife and further degrading FS 779. Seems like since we are directly effected it would be nice to provide an explanation. Thanks- Jim and Caroline Tharp Page 5 of 43 From: Dee Wisor Sent: Saturday, September 5, 2020 9:40 AM To: Council Everyone Group <council@avon.org> Cc: Eric Heil; Paul Wisor Subject: Wildridge Survey Mayor and Member of Council, Because I have to participate in a client’s Zoom council meeting on Tuesday and may not be able to participate in the Town Council meeting, I am writing about Road 779 in Wildridge. The staff report regarding the Wildridge survey says: • Metcalf Creek USFS #779 - This access point and route are valued by the community for a wide variety of passive and active recreational uses. There is strong support to maintain access into the future. The former USFS District Ranger supported the concept of moving a gate and USFS signage down to Wildridge Road East to prevent vehicles from driving up in inclement weather. Additionally, some grading and drainage improvements are necessary for longevity of this access portal. Staff recommendation: Move forward with design of improvements for Town’s portion of this access. To the extent the Staff recommendation is based upon the survey results, I think there is some nuance to the responses and I have the following observations: 1. In response to the question of whether the survey responders support continued motorized and recreation use of Road 779, 43% were supportive and 31% were opposed. Based upon the way the question was worded survey responders might support only passive recreation on Road 779. 2. But the responses to the question of whether the survey responders support discontinuing motorized vehicle use of Road 779 shed more light on this. 43% supported no motorized use while 32% supported motorized use. The combined responses then support maintaining Road 779 for recreation uses, but only a third of respondents support continued motorized vehicle use. It is also of note that a substantial number of renters support motorized vehicle use, but of course they have no stake in property values in Wildridge. A near majority of property owners who are either full or part time residents are opposed to continued motorized vehicle use. I do support the concept of moving the gate and signage to the intersection of Wildridge Road and Road 779. This will be particularly important this coming winter as the Forest Service has removed the barbed wire fence that was supposed to keep out snow mobiles in the winter and calving seasons (although it was regularly cut). The Forest Service is building a new gate but does not intend to replace the length of fencing that previously existed. Building a gate on Wildridge Road should reduce or eliminate illegal use given the steep terrain at the bottom of Road 779. I imagine with a reduced or different skiing experience at Vail and Beaver Creek this coming season there will be more interest in backcountry recreation. If the Town intends to construct any improvements on Tract I, which is the tract across which the Road 779 easement is located, remember that this is an open space tract under the Wildridge covenants and there are very limited uses of open space provide for in the covenants. Open space may be used for Page 6 of 43 utility facilities and easements. “Also such tracts may be used for emergency vehicles, pedestrians, bicyclists, and cross country skiers…” The covenants allow for limited improvements on an open space tract for things like picnic areas and benches. The covenants provide that open space is not to be used for informal or organized gatherings that may alter or deface the natural quality of the tract. If any planned improvements to Tract I include constructing a parking area, that is not permitted under the covenants. Also, the covenants prohibit parking along any public roadway. While I recognize that the Town may not have any legal duty to enforce the covenants, as a property owner the Town is bound by the covenants for the benefit of all Wildridge property owners just like my wife and I are. If Council determines to proceed with the staff recommendation, I would appreciate learning more specifics about proposed improvements and am willing to be a part of any group formed by the Town to evaluate and advise on any improvements. Thank you for your consideration and for your service to the Town and its residents, property owners, and businesses. Page 7 of 43 From: Caroline Tharp Sent: Monday, September 7, 2020 7:58 PM To: Council Everyone Group <council@avon.org> Subject: USFS road 779 I live in Wild Ridge I am opposed to motor traffic on the road a gate at the bottom seems like a good idea. Caroline Tharp Page 8 of 43 From: Dee Wisor Sent: Friday, September 11, 2020 10:13 AM To: Council Everyone Group <council@avon.org> Cc: Eric Heil; Paul; Jan Wisor Subject: WIldridge Survey and USFS 779 Mayor and Members of Council, I could not participate in the September 8 Council meeting. I have had the opportunity to listen to the recording. I want to provide my observations about comments made at the meeting about (1) USFS Road 779 and (2) use of Town roads by off-road vehicles. (When I use the phrase off-road vehicles, I mean those designed principally for off-road use as opposed to vehicles like Jeeps or other 4-wheel drive vehicles designed for both on- and off-road use). First, I want to respond to comments that there is a NIMBY issue here and that people purchased their property knowing the road was there. I suppose my wife and I fall into that category, but I will say that before purchasing in Wildridge in the spring of 2015, I asked a Wildridge resident and was told the road was rarely used. I suppose rarely is in the eye of the beholder. More importantly, I did what lawyers should do and read the covenants. The covenants expressly prohibit off-road vehicles on the dedicated roads in the subdivision. A reasonable person would rightly assume that there would be no use of Wildridge roads by off-road vehicles. But we do not need to debate whether the Town can or should enforce the covenants, because (1) State law prohibits unlicensed vehicles on public roads and (2) Section 33-14.5-108, C.R.S. says “No off- highway vehicle may be operated on the public streets, roads, or highways of this state…” and says this is a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. I think one of the reasons for this State policy is safety. See https://www.governing.com/topics/public-justice-safety/gov-roads-atvs-fatalities.html and https://svia.org/opposition-to-on-road-use/ The Town can and should enforce State law. And as I noted in recent public comments, please consider what behaviors you as policy makers find appropriate for one part of Town as opposed to others. There was also discussion at the meeting about jurisdiction over USFS 779. There is no doubt that from the gate north, this is USFS jurisdiction. But the use of the easement over Tract I and the use of Tract I itself is Town jurisdiction. It seemed that some on Council were focused on the use of 779 is a USFS matter and not for the Town. But I want to remind you of the recent history of 779. Pursuant to the USFS 2011 Travel Management Plan, the USFS was going to decommission 779. It was only because the Town appealed the decision that the road remains open to summer motorized access. It seems that the Town has already put itself into the position of determining the use of 779 rather than leaving it solely to the USFS. I also want to clarify when the road is closed. Currently, the USFS closes 779 from about November 20 to about June 20. As I understand it, the reason for the closure from November to June is to protect wildlife in the winter months and during the calving season. This is part of the mission of the USFS to balance recreation uses and the needs of wildlife and is done pursuant to Page 9 of 43 White River National Forest Management Area 5.41. As an aside, I encourage you to read the article in the summer/fall edition of Vail/Beaver Creek Magazine entitled “Coloradan Pastoral” about the impact of our backcountry recreation on our wildlife. Finally, it strikes me as odd that a municipality that is part of the Climate Action Plan for the Eagle County Community wants to facilitate an activity that is based upon use of fossil fuel. As you know, the Plan calls for greenhouse gas emission reduction targets of 25% by 2025 and a minimum of 80% by 2050. According to an EPA report, a dirt bike operating for an hour generates as much pollution as 20 automobiles operating for an hour. In addition to wildlife impacts and air pollution, there are also other environmental impacts of off-road use such as erosion, soil compaction, creation of fugitive dust, water quality issues, and the spread of noxious weeds. If nothing else happens on 779, I do agree with the Council direction to place a sign at the bottom of 779 describing the access restrictions. However, I do not understand why the Town would not put a gate at the bottom of the road that would open and close in connection with the USFS closure policy. It would keep people who might go up the road notwithstanding signage only to find the road closed at the USFS gate. It would also reduce or eliminate the illegal winter use of 779. At the meeting. there seemed to be some connection of the gate at Wildridge Road with a need for parking. I do not see the connection. If the USFS has opened 779 then the Town gate would be open and there is no need for parking. If the USFS has closed 779 then the Town gate would be closed and there is no need for parking. Thank you for reading and for your consideration. While some members of Council may not agree with my perspective, I appreciate that we can have this dialogue which is how a healthy, functioning representative government should work. Dee Wisor 4730 Wildridge Road E Page 10 of 43 From: Devon Decrausaz Sent: Saturday, September 12, 2020 9:19 PM To: Council Everyone Group <council@avon.org> Subject: Forest Service Road 779 Dear Avon Town Council, My name is Devon DeCrausaz and my husband, Rick Smith, and I live with our family at 5796 Wildridge Rd E., adjacent to your open space tract and the Forest Service Rd. 779 to the east. After seeing the Vail Daily article about the 779 Road, I watched the recording of your September 8 Town Council meeting. I applaud you for recognizing that a decision regarding motorized use is not within the Town of Avon’s jurisdiction. I also applaud you for recognizing that this is a very complicated issue, that many residents feel passionately about it, one way or the other, and that more information and public input is needed before making any decision regarding the Town’s parcel that abuts this Road. In 1998, my husband and I moved to Wildridge and subsequently bought land and built because we love the proximity to the National Forest. Although we hike a ton behind our house, motorized access is very, very important to us. Because of this, going forward, we would appreciate an opportunity to take part in any discussions at the Town or Federal level. To the extent that you can, it would be great to be informed in advance of those conversations taking place. I understand that some of our neighbors do not like the dust or noise from the 779 Road. I can honestly say that neither dust nor noise have ever been an issue for us. Pollen and ash seem to produce just as much residue on our cars as dust. The OHV vehicles that drive by are not nearly as noisy as the large construction delivery trucks or even the trash trucks. Regarding unlicensed vehicles on the road, some Towns embrace the use and enjoyment of the National Forest and have made it legal to drive to and from access points on public roads. If this is not the case in Avon, I think you should consider making that change. I heard your comments about OHV drivers misbehaving. In my opinion, this is the few, not the majority. I also feel there are significantly more licensed vehicles driving at excessive speed around our curve in Wildridge Rd. than OHV vehicles. The Town police do fantastic job. I have faith that they can educate the few without the need for additional regulation. This is a very complex and challenging situation and there are many, many stakeholders. The Town may need manpower to work through this issue. There are many of us in the community that would volunteer to help. If you see an opportunity, please let me know. I am passionate about this and happy to help in any way I can. Thank you for all you do and for serving our community. Kindest regards, Devon DeCrausaz PO Box 797 Avon, CO 81620 Page 11 of 43 From: Colin Meiring Sent: Tuesday, September 15, 2020 3:24 PM To: Council Everyone Group <council@avon.org>; Sarah Smith Hymes <shymes@avon.org> Subject: USFS road 779 Dear Mayor and council members, Thank you for conducting the in depth Wildridge survey. We as community members really value the importance of having an input and voice to so many local issues. I’m writing in regard to an issue that seems to have favorable support in moving forward: Improvement of USFS road 779. I live at 4660 North Point, Avon 81620 My property backs up directly to this road and I’ve seen the misuse, disregard for civility and litter abuse that occurs on this road daily. • The concept of moving the gate and signage to the intersection of Wildridge Road and Road 779 is questionable. • The Forest Service has removed the barbed wire fence that was supposed to keep out snow mobiles in the winter and calving seasons (although it was regularly cut). • The Forest Service recently built a new log fence of 20ft on either side of the existing gate, but does not intend to replace the length of fencing that previously existed. FYI, the logs are so so easy to lift and remove. • Building a gate on Wildridge Road might reduce illegal use, but I fear and very much suspect, that the snow mobiles would then ride up my road, (North Point) and cut through my property as well as my neighbor's and the lot East of mine which is undeveloped. This has happened repeatedly before even without a gate obstacle. My objections with improving this USFS 779 road are: 1. Increased traffic. Traffic on an improved road will be at higher unsafe speeds. Locals use this road to hike and walk dogs off leash. 2. Increased litter. ( Who is going to maintain this new improved road and pick up all the trash?) I am presently able to keep up with litter control daily on the existing road, but increased use will = increased trash! 3. Illegal camp fires! ( I regularly call Avon police about people camping at the existing gate and worse…. I’ve had a clueless hunter pitch a tent in my back yard) I fear this will increase with road improvement and especially parking. 4. I have to bury and kick black coal remains from camp fires at least every other week at the gate. 5. Google maps concern!!!! Im constantly redirecting lost out of town people who have been incorrectly guided by Siri up this USFS 779 road. No idea how this happens? BUT, it will be sure to increase with a new and improved road. There was an incident with a stolen vehicle last Fall that was driven up the road and then abandoned behind my house after a flat tire. Seems like they quickly realized Siri had given them bad directions. The suspects then stole another vehicle from a neighbor. A new improved road will increase deviant and undesirable traffic. Page 12 of 43 6. I have not detailed the wildlife concerns and Open space covenant limitations on developing this road as I hold Town Of Avon Council members in high esteem when it comes to logic, intellect and common sense. Unfortunately, it is human nature to push the boundaries of risk and law as much as possible in wilderness areas. I just don’t trust out of town people to do the right thing. I know I am only one voice out of many, but feel my observations living on the road in question, should count for something. I would appreciate learning more specifics about proposed improvements. But would ultimately like to not see any improvement done at all. Colin Meiring 4660 North Point, Avon 81620 Page 13 of 43 From: Caroline Tharp Sent: Tuesday, September 15, 2020 3:34 PM To: Council Everyone Group <council@avon.org>; Colin Meiring Subject: Fwd: USFS road 779. More problems I am adding my bad experiences to Mr. Meiring’s. A few years ago ATVs came over the downed barbed wire fence through my yard and could only extract them selves by winching on my driveway safety fence and breaking it down to the repair bill of $1000. Thanks for your continued consideration. Caroline Tharp Page 14 of 43 From: Carroll Tyler Sent: Tuesday, September 15, 2020 5:28 PM To: Council Everyone Group <council@avon.org> Cc: Colin Meiring Subject: Wildridge Road 779 I heartedly endorse your letter, Colin and am opposed to opening this road to more traffic. This is fragile terrain, subject to fires and vehicles with no arresters. We cannot have this residential neighborhood subject to more noisy motorcycles and ATV roaring by and up the mountain road. Carroll Tyler Page 15 of 43 From: Charley Viola Sent: Wednesday, September 16, 2020 3:06 PM To: Council Everyone Group <council@avon.org> Subject: Forest Service Road 779 and Wildridge To the Avon Town Council: Please find attached a letter regarding the issue of Forest Service Road 779 and OHV use in the Wildridge neighborhood. Best regards, Charley Viola 5720 Wildridge Road East ATTACHMENT: Tot the Avon Town Council: I have lived in Wildridge since 1993 in a several different properties, starting with a townhouse on Old Trail Road and now at our current residence, which is in close proximity to Forest Service Road 779. One of the reasons I moved to here, and continue to live in Wildridge, is the access to Red and White Mountain provided by FR779. I use this road to access the higher elevations via ATV with my dogs to hunt grouse. Using the ATV allows me to get up high enough where the birds are in one third the time it would take with my truck, giving me the ability to get in a short morning hunt prior to going to work. Access from the house to FR779 is very important to my quality of life as I probably access the road well over 30 days per year. We use the road for other purposes as well, but it would appear that the issues seem to be focusing on OHV use in accessing the trail. Having watched the last town council meeting where this was discussed, it was clear that the greatest concern of one or two council members was the on-street use of non-licensed vehicles on the streets. It is my opinion that this is a red herring. I fully agree that those riding dirt bikes need to adhere to the speed limits and be polite neighbors. Education is the key here and not enforcement. I understand the police are currently taking this approach and fully support the efforts to educate rather than enforce. The issues will not be solved by removing the dirt bikes from the streets. With increased enforcement, the motorcycles riders simply purchase street legal dirt bikes and continue to access the trail. The end result will be only those of us that use ATV’s, which cannot be made street legal, will be punished. Closing the trail also achieves little for the neighborhood. The only result will be shifting the traffic from FR779 to the June Creek access point, increasing the burden on those residents on June Creek Trail. The reality is that all of us bought into Wildridge with these access points being used for many years prior to our arrival. Those that now object to the trail access bought their properties with full knowledge what the use of the trail was at the time of their purchase. The attempt to now shift, or eliminate, access is a severe burden on many to benefit a few. Page 16 of 43 Quite frankly, this is a tempest in a teapot. I understand that a handful of homeowners adjacent to the trail have created this storm, however, outside those few individuals this is a non-issue. The idea of a sign at the bottom of the road should eliminate the concern about those going up and having to turn around. A sign stating the dates of the gate closure and four wheel drive access only at the bottom should solve that problem. Education of those riding in the neighborhood is important. Informing them that accessing the trails via the roads is a privilege is paramount. I am a real estate broker in the Valley. As such, I think it is important to recognize how attractive the access to these roads via ATV’s and dirt bikes is to those looking at the many options for buying real estate in the valley. Access to these trails gives us a competitive advantage over other neighborhoods in attracting potential Buyers. No other community up valley has the access to trails that Wildridge offers. Especially of late, we see more and more buyers placing an importance on access to the forest. The overwhelming majority of those purchasing in Wildridge recently seem to appreciate this access and are frequent users of FR779 and June Creek via ATV’s, UTV’s, and dirt bikes. I appreciate your taking the time to read this long-winded email. Charley Viola Page 17 of 43 From: Dave Wilkison Sent: Thursday, September 17, 2020 7:57 AM To: Council Everyone Group <council@avon.org> Subject: forest road 779 Dear Avon Town Council, My Wife and I purchased our land and built our home at 4495 Wildridge road in 1991. One of the reasons we picked this location was the forest service access for summer and winter. The road first was closed to snowmobiles and now the talk of closing it to summer access takes away one of the main reasons we stay. I understand the neighbors that don’t like the amount of traffic and summer dust. I believe this can be minimized if the road were improved a bit to the BLM boundary and signage with speed limits of 5 MPH Also if possible limit it by not allowing street parking. Maybe a small lot above the BLM. If you close this access you put all the access onto June creek with hikers, bikes, vehicle, utv’s, dirt bikes, etc.. and all the upper traffic trying to access from above. I know for some with handicaps that can only access the forest with UTV’s and 4 x 4 vehicles feel you are taking away the freedom to access the national forest. We have been going up and enjoying the national forest with 3 generations of family in this home. If this passes we will be selling and moving out of Wildridge!! Thanks, Dave Wilkison Page 18 of 43 From: Craig Lathram Sent: Monday, September 21, 2020 3:27 PM To: Council Everyone Group <council@avon.org> Subject: 779 road access My name is Craig Lathram and I live full time with my family at 5730 Wildridge Rd. approximately 1/4 mi from the 779 forest service road access. In fact, the proximity to the access was a large factor in the purchase of our home. After being informed of the concerns with the 779 service road motorized access of an adjacent homeowner, I agree that the issue of the access point(s) (including June Creek) needs to be addressed. The public lands of the National Forest are an amazing resource and we are not only fortunate to live next to them, we are even more fortunate to have open access to enjoy and appreciate what these public lands have to offer. In fact, other municipalities have embraced their community’s desire to enjoy these public lands through enhanced access and increased maintenance. Yes, I’m sure that occasionally less fortunate issues arise around the access point I don’t see from ¼ mile away. But, these can be addressed through far less extreme proposals (closure). In fact, I personally find the dust far less than other access points in the Valley given the lower access paving and rocky nature of the trail. Silencers/mufflers are already required on all OHV vehicles and I personally find them generally far quieter than the service vehicles, construction equipment, and Harley’s in the neighborhood. And, I would be interested to see data that shows localized OHV travel to the access points has any higher percentage of speeding or accidents than the general public per capita. However, what I find most unfortunate is the person making the complaint who knowingly purchased a property adjacent to the existing access has direct connections to the City through an employed family member while promoting the closure of this existing public resource for their personal gain. What I would propose in opposition to the current win-lose proposal (closure) is a partnering of vested groups to discuss potential win-win alternatives. It seems no one group has truly taken pride in these gateways, and it would be fortunate if someone did. Thank you, Craig Lathram Page 19 of 43 From: ARTHUR YUAN Sent: Tuesday, September 22, 2020 8:36 AM To: Council Everyone Group <council@avon.org> Subject: FSR 779 Avon Council Members, As homeowners in Wildridge we are strong supporters of maintaining FSR 779 access for OHV. We also desire for it to be open year round. We see activity there almost everyday in the summer months and use the access frequently with our own two OHVs. In fact, most of the activity we notice on this trail is motorized vehicles, because we believe it is a beautiful and challenging climb for all types vehicles. We purchased our home in the summer of 2017 and one of the reasons was White River National Forest being literally right in our back yard and the proximity to FSR 779 access. Our home, 5792 Wildridge Rd East, is the second home east of the FSR 779 entrance. We can see and hear activity to and from the trail, and it doesn’t bother us, we were aware of the trail when we made our decision to buy in The Wildridge Community. Our experiences have been pleasant and courteous with other OHVs on the trail and on our public roads. If there are instances of excessive noise, unsafe or reckless driving of OHVs it must be isolated because we have not seen or heard an instance from our home. We do believe that traveling on public roads to and from FSR entrances (June Creek and FSR 779) should be legal for homeowners, leasers, renters In our community who own OHV’s. We watched the Avon Town Council meeting 9/8 recording and read the Vail Daily News September 9th article on FSR 779. We appreciate the Council member’s objectivity for representing all people residing in The Wildridge Community and the support Council Members expressed for maintaining the access from Wildridge Rd East to the FSR 779 entrance as it exists today. We were not aware of a survey for FSR 779 and we did not participate in it. In the future, we would want to participate in any concerns or surveys regarding this subject. However, FSR 779 access is a very important asset for many of us in The Wildridge Community and we have a vested interest in its open access for OHVs. Sincerely , Arthur & Elie Yuan Page 20 of 43 From: Robert Hintermeister Sent: Tuesday, September 22, 2020 4:16 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge survey Results - 2 comments on traffic safety Dear Council, I am writing this email to be read as a comment at the start of tonight’s meeting. I have two comments regarding traffic safety in Wildridge. 1) Motorized access to Forest Service Roads (FSR): My position is that motorized access should remain permitted. I have lived in Wildridge for almost 28 years and use the FSR for active and passive recreation (run, mtn bike, & dirt bike). There is no reason that motorized access cannot co-exist as long as everyone is respectful of the neighborhood getting to and exiting the FSR. It is not appropriate to penalize the majority of drivers who are respectful and follow traffic rules because a few drivers may not comply with traffic safety I have spoken with many residents who say access to the FSR is one of the reasons they chose to live in Wildridge. It is inappropriate to change the rules because a minority of residents do not want motorized access to something the majority of users do responsibly. 2) Put in speed bumps at the intersection of Old Trail and Wildridge Road at the stop signs. I live at the intersection of Wildridge Road & Old Trail. The majority of drivers do not come close to a full stop for either of the stop signs: coming down Wildridge Road and from Old Trail. It is more of a problem coming down Wildridge Road. Too often drivers go thru at 15+mph. It is dangerous, especially in winter. A low cost, low maintenance and 24/7 solution to this safety hazard is to install a significant speed bump at each stop line. No police presence necessary! Thanks for considering these suggestions, Bob Robert Hintermeister, PhD Page 21 of 43 From: Craig Lathram Sent: Wednesday, September 23, 2020 8:35 AM To: Council Everyone Group <council@avon.org> Subject: Council meeting 092220 Hello, I just wanted to let the Council know for the record that I attended the meeting last night by phone (303-***-****) in support of keeping the 779 Road access open. I also appreciate the recusal of the City Attorney in recognition of the potential conflict of interest regarding his parent's adjacent property. Thank you, Craig Lathram Page 22 of 43 From: Rick Smith Sent: Tuesday, September 29, 2020 9:04 AM To: Council Everyone Group <council@avon.org> Subject: Closing Access to 779 Thanks for listening and your consideration. Rick Smith LETTER ATTACHED: Rick Smith P.O. Box 797 Avon Colorado 81620 September 29, 2020 Dear Avon Town Council, My name is Rick Smith, I reside at 5796 Wildridge Road East. My family and I have lived at this address for 20 years and I have never felt compelled to write the Town Council, however, the potential for you to close access to 779 for off road vehicles has changed that. We live just east of the access and know from observation and talking to many of our neighbors this would be a terrible move. Many of our neighbors, including ourselves enjoy dirt biking and using our Razor to access 779, that’s why many of us moved here. Motorized and foot access to the forest, in our neighborhood, is one of the pleasures we all enjoy, and I think it would be a travesty to allow a small vocal minority to deny motorized access. Motorized vehicles also provide access to the forest to those who are not physically able to hike the very steep access road, which should be an important consideration for the Council. We must help to accommodate those among us who are not physically able. When this vocal minority decide to purchase a home in Wildridge, they knew access to motorized vehicles was part of the deal and they decided to move forward and buy, caveat emptor. Additionally, any complaints of loud noise and speeding from UTVs is greatly exaggerated. Sure, there is the occasional person who might exceed the speed limit, but it is very small minority. We would not be opposed to posting of a speed limit sign, also some minor maintenance would mitigate most of the dust, which I also understand if part of this group’s complaint. When a government entity considers eliminating a citizenry’s cherished gift (which “full” access to the forest certainly is) it really needs to seriously consider the impact and consequences, and when you do, one can only conclude this move would be seen has a significant take away. Thank you for listening. I don’t think many understand the significant time and effort you put in being a Town Council member. It is considerable and appreciated. Sincerely, Rick Smith Page 23 of 43 From: Caitlin Rapson Sent: Sunday, October 4, 2020 9:48 AM To: Council Everyone Group <council@avon.org>; devon decrausaz Subject: Wildridge access Hello thank you for reaching out! I am very much opposed to shutting down access to the trails in any way! I believe it is what makes the mountains the mountains! Easy access! If they don’t want the noise they can move! As far as the OHV vehicles on the road we use the roads to get into the mountains! Every rider I have seen up in the community has been following the rules of the road, driving responsibly, and make sure to keep distance from other cars or people using the recreational paths! Thanks, Caitlin Rapson Page 24 of 43 From: Dee Wisor Sent: Wednesday, January 27, 2021 8:04 AM To: Council Everyone Group <council@avon.org> Cc: Eric Heil <eheil@avon.org> Subject: USFS Road 779 Mayor and members of Council: At last night's meeting, Council member Thoun mentioned snowmobile access on 779. I want to note that the closure of 779 to motorized access in winter is in place to protect the deer and elk that winter north of Wildridge, This, like other closures in Avon and the Valley more generally, puts less stress on the wintering herd which increases winter survival and reduces impacts on the number of fawns and calves including mortality and low birth weight. I volunteer as a Trail Ambassador with Vail Valley Mountain Trails Alliance. VVMTA runs the Trail Ambassador program in an effort to mitigate our declining wildlife population by educating and informing trail users as to why seasonal closures exist. Also, please remember that the Wildridge Community survey reflects that 43% of respondents supported no motorized use of 779 while 32% supported motorized use. The survey responses support maintaining Road 779 for recreation uses, but only a third of respondents support continued motorized vehicle use. It is also of note that a substantial number of renters support motorized vehicle use, however, a near majority of property owners who are either full or part time residents are opposed to continued motorized vehicle use. For the benefit of Council members Andrade and Hardy, I am setting forth below my contact information two communications that I sent to Council last year. Thanks for reading. -- Dee Wisor 4730 Wildridge Rd. E Unit B PO Box 9737 Avon, CO. 81620 Page 25 of 43 From: Dave Wilkison Sent: Friday, January 29, 2021 9:13 AM To: Council Everyone Group <council@avon.org> Subject: motorized access om Wildridge Council, We use the Avon roads to get from our house to the public lands all the time. 779 &7171b This is part of why we selected the Wildridge neighborhood way back in 1990. The forest service has already shut down snowmobiling. You have a large number of us that live in Wildridge that do so for the outdoor access and shutting it down is wrong. I started using the roads with my parents then my kids and now my grandkids. We I urge you to consider a way to keep these trails open for all to enjoy. Thanks, Dave Wilkison Page 26 of 43 From: Colin Meiring Date: February 1, 2021 at 2:35:36 PM MST To: Sarah Smith Hymes <shymes@avon.org>, Scott Prince <sprince@avon.org>, Amy Phillips <aphillips@avon.org>, Chico Thuon <cthuon@avon.org>, Tamra Underwood <tunderwood@avon.org>, Lindsay Hardy <lhardy@avon.org>, Russell Andrade <randrade@avon.org> Subject: USFS 779 winter access and improvements Dear Avon Council This is my 2nd letter in opposition to improvements and Winter access to USFS 779. My 4660 North Point property backs up to this access road. The forest service gate is thankfully closed this winter, but there has still been snowmobile activity on the road, through my property and damage to my neighbors driveway guardrail from snowmobile trespassing. Unfortunately, it always takes just a few to ruin the opinion for all. I received an email fro Dee Wisor, my East neighbor. The e mail is attached below. There seems to be a strong opinion and a specific group advocating for improvements to the road and winter snowmobile access. Below are my concerns: 1. More use will mean more traffic in Wildridge. 2. More traffic means more speeding which will impact pedestrians, cyclists, children, and animals.( I already witness high speed traffic through the North Point /Wildridge STOP sign intersection, daily. most cars don’t even pretend to slow down) 3. Street parking will also impact pedestrians, cyclists, children, and animals who walk or ride on Wildridge Road. 4. There will be adverse impacts on wildlife. My personal observation, having lived in this location since 2013, is that I am seeing fewer deer and have not seen an elk in Wildridge for two years. 5. There will be more noise, particularly from snowmobiles, ATVs and dirt bikes. I urge you to please collaborate with the US forest service and try conduct a wildlife impact statement before allowing indiscriminate year round vehicle usage on this road. Thank you for your time, energy and service to our community. Colin Page 27 of 43 From: NLB Horton Date: February 8, 2021 at 11:05:03 AM MST To: Sarah Smith Hymes <shymes@avon.org>, Scott Prince <sprince@avon.org>, Amy Phillips <aphillips@avon.org>, Chico Thuon <cthuon@avon.org>, Tamra Underwood <tunderwood@avon.org>, Lindsay Hardy <lhardy@avon.org>, Russell Andrade <randrade@avon.org> Subject: Access Road 779—no snowmobiling! Dear Mayor and Council Members: I'm writing to express concern that you're still considering opening Road 779 for snowmobile access. Although you do some wonderful work, such as the (fabulous) landscaping in the roundabouts, you're missing the point about snowmobiling in the neighborhood that I've enjoyed so much for the past decade-plus. Most of your constituents live here for the privacy and quiet, two assets that will evaporate with the introduction of snowmobiles. There are so many places to snowmobile in this valley, why contaminate the only pristine neighborhood, and arguably, the only truly traditional neighborhood, in Avon? Even though snowmobile access might serve a few people—a house right next to the access road has a trailer full of snowmobiles, so it would be great for them— you're polluting the lifestyle of the many (and threatening our diminishing wildlife) who'll have to listen to these machines. When my husband and I want to snowmobile, we go to the Pass, where we're not interrupting the lives of anyone. Secondly, we already have trespassing issues with some of the dirt bikers. (I back up to June Creek, and they try to cut through our yard. With Walking Mountains taking down the fences last spring I anticipate even more trespassing problems this summer.) Some of these same guys (sorry, but I have yet to see a female doing this) don't obey traffic laws and drive with reckless abandon. Why open our neighborhood to the winter equivalent of these entitled, dangerous dirt-biking yahoos who give responsible dirt-bikers a bad name? Open the gate, and you know that they'll come. Lastly, I walk the loop several days a week, and between bicyclists and dirt-bikers, even the pedestrian lane can be dangerous because people are texting while driving, cutting across the lines, speeding. Why add snowmobilers to the list of threats to pedestrians—all of whom live in this neighborhood and pay property taxes to support the town? Please don't open 779 to snowmobiles. Norma Horton Page 28 of 43 From: Tab Bonidy Sent: Tuesday, February 9, 2021 1:47 PM To: Council Everyone Group <council@avon.org> Cc: Devon DeCrausaz Subject: Forest Service Road 779 and 717.1B Councilmen and Councilwomen: Please understand the importance of these two roads and all of the rest of the roads above the Wildridge neighborhood including 734.1, 700.1, 701.1 and 433.1 are to the residents of the Wildridge community as well as half of Eagle County. These roads have been a source of recreation on four-wheelers, motorcycles, mountain bikes and snowmobiles for years. They provide access to all people including those that are disabled and unable to hike. The Forest Service is out of control in their quest to close these roads. These are OUR ROADS as citizens of this great Country and this community and provide access to the National Forest, OUR FOREST. Please do everything in your power to keep the Forest Service in check and under control to prevent these closures during ALL seasons. Thank you. Tab Bonidy 331 Nottingham Road #7B Avon, CO 81620 Attachments: none Page 29 of 43 From: Dave Wilkison Sent: Wednesday, February 24, 2021 2:36 PM To: Council Everyone Group <council@avon.org> Cc: Devon Decrausaz Subject: Forest Access Avon Town Council, My wife and I purchased our lot and built our home in Wildridge in 1990 and one of the main reasons was the National Forest Access. I raised my 2 kids using the access and now my Grand Kids. We access the Forest Service roads with Side by Sides 4 x4’s Mountain bikes and used to with Snowmobiles and also hunting. This has been used to show many guests the Colorado backcountry. The loss of this would change why we live in Wildridge… Please help us keep this open to my grand kids and friends for years to come. Thank you, Dave Wilkison Page 30 of 43 From: Rick Smith Sent: Thursday, February 25, 2021 4:21 PM To: Council Everyone Group <council@avon.org> Subject: Don't be Fooled I’m writing to let you know of the real motive, which I think you do but just in case, of a very vocal minority who live in Wildridge by the Red and White (R&W) access. They claim they are protesting OHV access for “Environmental Issues”. Don’t be fooled, it is strictly because they don’t want to be “bothered” by the noise of motorized vehicles going up R&W, even though when they purchased their properties they knew darn well of this situation. By the way, if they were truly concerned about the environment they’d know that if access is shut down or limited then Wildridge Residents will have to load up their OHVs on trailers, pull them with their truck to open access points miles away, burning up much more fuel. Their argument is nothing more than a “red herring” trying to cover up their real rationale. This vocal minority is also ignoring the needs of citizens who are simply not physically able to either walk or bike up R&W and enjoy the forest in their neighborhood. This group of citizens can’t not be ignored because of a handful of people who don’t like the noise. Sincerely, Frederick Smith Page 31 of 43 From: Steve & Cris Nelson Sent: Tuesday, March 2, 2021 7:51 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge Access Road Hello, We are joining the many residents in Wildridge to cast our very strong opinion to keep the Access Road open to motorized vehicles in the same manner that it has always been. These are historic access roads that no one should shut down. We have owned this home as our primary residence since 1994 and have been riding these trails since 1983. This should not even be an issue that we all have to worry about because of some new homeowners who want to change things. What should be changed is the location they choose to live if this long-time access is an issue for them. We do not feel there is any issue in Wildridge with people driving their off-road vehicles on the roads to the access points. It is not a problem and we ask that you just leave things as is. We also feel there is no need for additional rules, committees or covenants in this neighborhood. There are a significant number of primary residents in Wildridge who have lived here for many years and we all enjoy our evening cruise on the trails or exhilarating daytime adventure. Most who access are very respectful and protective of the area and should not be punished as a result of a very small minority of what appears to be newer residents. This is what living in Colorado is all about and those that do not want that are perhaps living in the wrong area. Thank you for your time, Steve and Cris Nelson Wildridge Homeowners Page 32 of 43 From: Joe O'Malley Sent: Friday, March 5, 2021 8:14 AM To: Council Everyone Group <council@avon.org> Subject: Wildridge Motorized Access I am writing this morning in support of opening, and maintaining motorized access from the Wildridge neighborhood to the White River National Forest. Year after year, more and more motorized access is closed while other user groups are seeing more trails and access. Access to OUR National forest is an amazing part of living here in the valley and the reason why many of us choose to do so. Motorized use should not be singled out amongst all user groups and can be done in a responsible manner. This can be accomplished through signage, restrictors, gates, seasonal closures, and other means. Motorized vehicles on National Forest lands are also subject to decibel limits on their exhaust. This access is the reason when I first moved to the valley that I moved into that neighborhood. It is uniquely situated to allow access to all user groups and activities. Do not punish one user group because of a few bad apples. We can maintain this access in a manner that satisfies all parties and does not discriminate against one user group. No one is asking for a bunch of parking or infrastructure, just simply being able to get into and enjoy our national forest. Regards, Joe O'Malley Page 33 of 43 From: Jack Gardner Date: March 6, 2021 at 11:33:23 AM MST To: Sarah Smith Hymes <shymes@avon.org> Cc: Eric Heil <eheil@avon.org>, Paul Wisor <pwisor@garfieldhecht.com> Subject: OHV Use of FR779 and Wildridge Roads Dear Madam Mayor —- I have tried to file a comment on the FR779 project on the engageavon site, but I could not register because my email was not verified. As you know, Greer and I have lived full-time in Wildridge for 21 years and we maintained a second home here for six years prior to that. The Forest Service closed winter access for OHV to FR779, and it should remain closed. This closure is necessary for wildlife protection, particularly elk calving, and since the winter closure, the incidence of snowmobile use of public roads has been significantly and appropriately reduced. Summer access for OHV to FR779 is reasonable. However, the use of Wildridge roads by unlicensed dirt bikes and ATVs, often driven at high speeds by unlicensed, underage drivers, must stop. I have reported this abusive use on numerous occasions to the Avon police, but I have never had an appropriate response. I now read in Chief Daly’s report of February 18 that the police have ignored these violations for at least 15 years. In view of the results of last Summer’s Wildridge Community Survey, showing only minor support for motorized access via FR779, Town Council needs to take action. An ordinance, consistent with the Wildridge Protective Covenants and state statutes, strictly limiting or prohibiting OHV use of all Avon streets, should be enacted and enforced. Jack Gardner Page 34 of 43 From: pam warren Sent: Sunday, March 7, 2021 2:51 PM To: Council Everyone Group <council@avon.org> Cc: pgwarren Subject: Off Highway Vehicle Use of FSR 779 Dear Madam Mayor and Avon Town Council Members. We support the Forest Service decision in 2011 to close winter access all motorized use and subsequent decommissioning of FSR 779. We believe FSR 779 should remain closed to protect wildlife and reduce Greenhouse Gas emissions as detailed in the Eagle County Climate Action Plan. Additionally, serious consideration should be given to closing access to dirt bikes and ATVs in the summer as both are serious polluters of the environment. Below please find our comments and concerns relating to this matter. OVERVIEW: Over the past 2 decades, we have listened, with interest, to a number of Avon Town Council members who have endorsed a variety of initiatives that are designed to protect the environment. In the recent town ordinance 17-08 the Town documentation states: “Whereas the Town has a duty to protect the natural environment, economy and health of its citizens and guests, and the Town is committed to ENVIRONMENTAL STEWARDSHIP. We applaud that position and by way of example, recognize that the Avon Town Council have taken several steps to provide environmental leadership in a few areas such as the ban on plastic bags, and support for e cars and busses and e charging stations to help reduce Greenhouse Gas emissions by 25% by 2025 and 80% by 2050. While the Eagle County Climate Action Plan indicates transportation and mobility is a key area of focus to achieve these goals, they do not discuss the impact of OHVs (Off highway vehicles) such as ATVs, dirt bikes or snowmobiles on the environment. We believe that ignoring the impact of OHVs is not in the best interest of the town's commitment to environmental stewardship. According to an EPA report, a dirt bike operating for an hour generates as much pollution as 20 automobiles operating for an hour. Thus, it seems as though this should also be an area of concern for the Avon Town Council. Our question we would like to pose to each Town Council Member is: If you believe that Forest Service Road #779 should be reopened, and you are committed to providing leadership in the area of environmental protection and stewardship, have you also considered the following? ENVIRONMENTAL IMPACTS FROM SNOWMOBILE USE: Page 35 of 43 According to a study by Winter Wildlands Alliance in Idaho, Snowmobile noise and activity disturbs wintering wildlife -causing stress, elevated energy expenditures, and changes in habitat use. In turn, these impacts can displace wildlife from their preferred habitat or even reduce an animal’s chances of surviving the winter. IMPACTS TO AQUATIC AND TERRESTRIAL ECOSYSTEMS: Pollution from snowmobile exhaust accumulates in the snowpack and is released during spring snowmelt, elevating the acidity of nearby surface waters, possibly having a negative impact on health of fish in local streams. SOIL AND VEGETATION DAMAGE: Snowmobiles cause significant damage to land cover through direct physical injury to plants and increased erosion in areas with inadequate snow cover. Snowmobiles compact the snow, affecting vegetation growth and development later in the year. IMPACTS TO AIR AND WATER QUALITY: Snowmobile exhaust contains dangerous levels of airborne toxins including nitrogen oxides, carbon monoxide, ozone, aldehydes, butadiene, benzenes, and extremely persistent polycyclic aromatic hydrocarbons. These pollutants degrade air quality and alter snow chemistry. NOISE POLLUTION: Snowmobiles are loud and can be heard across vast distances, severely affecting the winter soundscape. This noise disturbs wildlife and is a primary factor in non- motorized/motorized user conflict. Scientific evidence indicates that over-snow vehicles (OSVs) produce significant impacts on animals, plants, soils, air and water quality, and the ecology of entire winter ecosystems. OSV impacts to wildlife and wildlands represent a negative cycle where one impact leads to and compounds the next, and where the synergistic impacts cascade into major, long-term, and potentially cumulative adverse impacts. While the severity of OSV impacts will differ depending on the site-specific characteristics of an area, OSV use clearly impacts any winter ecosystem on which it occurs. SIERRA CLUB COMMENTS ON ATVS, SNOWMOBILES, DIRT BIKES AND ENVIRONMENTAL IMPACT: According to Sierra Club, about 30 percent of all motor vehicle use is for social and recreational purposes. That’s a fairly substantial gust of greenhouse gas, thanks to these vehicles' consumption of approximately 36.8 billion gallons of gasoline a year. Since cars and trucks emit 19.64 pounds of carbon dioxide (CO2) per gallon, the total recreational emissions would be Page 36 of 43 around 357,000,000 tons, or about 20 percent of total US carbon emissions from motor vehicles. Other motorized amusements require a fairly staggering 2.2 billion gallons of gasoline, with jet skis and pleasure boats combined accounting for 1.4 billion gallons; ATVs 594 million gallons; snowmobiles 188.5 million gallons; and dirt bikes 87 million gallons. All these fabulous toys soak up 1.6 percent of the 143 billion gallons we consume in the United States annually overall. But because a number of these devices use dirty two-cycle engines instead of the four-cycle engines in cars, their share of total pollution is vastly higher than their 1.6 percent share of gasoline consumption. In summary to all of you “Will you walk the Climate Action Plan walk”? Or simply “talk-the- talk”? Best, Pam and Peter Warren Wildridge Residents Page 37 of 43 From: Dan Lambert Sent: Monday, March 8, 2021 9:30 PM To: Council Everyone Group <council@avon.org> Subject: Fwd: Neighborhood access on forest roads and trails > > Thank You for your time, > > Hello, my name is Daniel Lambert. I am a 47 year old Eagle county citizen of 25 years and an active back country athlete who enjoys dirt and snow mechanized/motorized & non mech/moto activities including ample time maintaining local trails for all to enjoy. > I have a deep understanding of the importance trails provide on multiple levels. Although I could write a book on the subject, I want you to please understand with this short version the gold mine that is our open space. I consider our forests and open spaces a true gold mine because we get out of it what we put into it. It is becoming obviously clear the effects on a variety of levels. One point of great concern is the negative effects brought on as a result of prejudice biases that has led to a mismanagement of our public land access points. As more people have been moving to this area and buying property more land has been denied access, more trails have been closed or only allowing certain means of access. This has increasingly changed the dynamics of our local community in an increasingly negative way. There are false narratives that myself and others expect our local leaders as well as state and local government officials to be able to decipher in order to protect the mental wellbeing of citizens and at the same time make land use decisions that positively effects sustainability of the lands and wildlife. We can do so much better than this train wreck direction we’ve been going towards. > I urge you to consider putting a stop to such ideas as closing neighborhoods access points. Closing any neighborhood access to a specific means of travel, especially travel by mech/moto is extremely short sighted. A vibrant healthy sustainable community can only be possible if we all work for each other together. Best regards, Dan Lambert Page 38 of 43 From: Doss Malone Sent: Monday, March 8, 2021 10:01 PM To: Leanne.velduis@usda.gov; Council Everyone Group <council@avon.org> Subject: Forest Access via FSR 779 in Wildridge Dear Avon Town Council and Ms. Veldhuis, I moved to Wildridge in 1995 and have lived one lot over from the access point to FSR 779 on Wildridge Rd since 1997. I grew up in Colorado and in addition to backpacking and climbing peaks, 4 wheeling has always been a big part of getting away into the forest. Being close to 4WD access was a big factor in moving here and has been an ongoing source of enjoyment over the years. I was injured several years ago in a cycling accident and I’m paralyzed in a wheelchair now. Before my accident I’d climbed many major peaks in Colorado and Wyoming and most of the peaks in the Eagles Nest, Holy Cross and Maroon Bells-Snowmass Wilderness Areas. Now I just enjoy the view and my only access into the forest is via 4WD. I have an old landcruiser with hand controls and I can easily access the forest via the road I know well out of Wildridge. When I was raising my family, 779 was a great way to get small children up into the forest easily. With my disability it’s the only way for me to get away from the increasing hustle and bustle of the valley with my daughter, friends or alone. June Creek (717) is a long haul for me and adds a degree of difficulty when all I want to do is pop up to one of the meadows not far above the house for a picnic or to take in the magnificent view and watch the sunset. Without 779, I’d have to make the long slog up June Creek or drive around to Piney or Muddy Pass to access the forest behind my house. Everything I do is a challenge and removing summer motorized access on 779 would create a huge barrier for me to get into and enjoy the White River National Forest. I moved into this house knowing it was next to the 4WD road. There’s always been a noise issue with the two cycle engines cruising by but I always thought of it as the sound of freedom as someone was going to enjoy the forest. Since the jeep tours have stopped coming through here, the amount of traffic using the road has been much less than when I moved in. I’ve been enjoying the outdoors all my life. My family has a ranch in Wyoming where we respect the land and I know summer use of the road behind my house has little or no effect on the wildlife which I’m sure CPW can confirm. The winter use does need examination, especially with the Berlaimont project recently approved by the FS. I imagine that will significantly alter the dynamics of the deer and elk winter concentration areas. I hope the town and the FS can preserve the unique legacy access to the forest via 779 and keep an important link to the forest open for Everyone who enjoys the peace and quiet away form the hectic valley floor and the unnatural resort environment. If I can’t access the forest behind my house, there is little reason to continue living here. Doss Malone Page 39 of 43 From: Spencer Ball Sent: Monday, March 8, 2021 11:23 PM To: Council Everyone Group <council@avon.org> Subject: Spencer Ball Comments, Off Highway Vehicle use on public roads in the Wildridge sub-division Hello TOA and Whom it May Concern, I moved to Eagle County in 2000 and finally climbed my way up to my dream home in Wildridge after 20 years of hard work. My wife and two kids have been in Wildridge for 5 years now an moved up here for many reasons but access to the WRNF and riding OHVs easily from our home to the forest was a major priority for the Wildridge home purchase. The adoption of an OHV ordinance similar to that of Eagle or Gypsum (Which I have enjoyed for years), makes really good sense for our Wildridge community. Please consider approving this ordinance, it would make my family and the vast majority of my neighbors very happy. My wife and I will personally volunteer each weekend to help with an ambassador program if needed to help educate our neighbors and anyone using OHVs in the neighborhood. The purpose (especially in the first couple years of the new ordinance) would be to make sure people understand this is a privilege, make sure they understand the rules, and thank them for being extremely respectful by going slow and keeping of the throttle to reduce noise. Doing “hot laps” around the neighborhood is not the objective here and will NOT be tolerated by any OHV users or the community. Getting OHVs from point A to B is the goal here and most everyone in our community understands it should not be abused. I expect there is a very small but loud number of individuals in our community that are against this ordinance and I feel they may have selected the wrong location to live. The great majority of this community has either a dirt bike, quad, side by side, snowmobile, mini-bike or some other OHV in their garage. Thank you, Spencer Ball VP Sales Page 40 of 43 From: Patricia Plavec Sent: Tuesday, March 9, 2021 9:04 AM To: Council Everyone Group <council@avon.org> Subject: OHV use on Wildridge public roads Dear Avon Town Council, I have lived in Wildridge for 21 years and have appreciated the ability to access the White River National Forest to enjoy hiking, mountain biking, and dirt biking. I feel the TOA should adopt a policy allowing OHV vehicles to drive on Wildridge public roads to access NFS trailheads. Many towns, cities and counties, including our neighboring Eagle and Gypsum, in Colorado have adopted such a policy. There are many residents who moved to Wildridge to enjoy the easy access to the trails on their OHVs straight from their homes. Over the past 16 yrs. there has been a very minimal number of documented complaints regarding OHV vehicles on Wildridge public roads. Living just a few houses down from FSR779 I witness the OHV traffic that accesses this road and most everyone obeys posted traffic laws and is respectful of their neighbors. It is no secret that limited parking is an issue for both FSR717 and FSR779 and allowing residents of Wildridge to ride their OHVs directly to the trailhead would minimize the number of vehicles and trailers that would need to park at the trailheads. I appreciate you considering adopting an ordinance that allows residents to drive an OHV directly to the trailheads. Respectfully, Patricia Plavec Page 41 of 43 From: Deb Lathram Sent: Tuesday, March 9, 2021 11:48 AM To: Council Everyone Group <council@avon.org> Cc: Deb Lathram Subject: OHV Policy on town streets Dear Avon Town Council, I am a property owner close to the 779 forest service access. One of the reasons we moved to Wildridge was for the forest access we had so close to our home. We love the area and have raised our daughters loving the outdoors. I am a hiker and mountain biker. My husband and girls all hike, mountain bike but also dirt bike. I am in support of allowing OHV vehicles to use the public roads to gain access to our two forest service access points. We live about 10 houses from the 779 access point if we are not able to ride our OHV to the access point we will need to load up and trailer our bikes down ten houses, park on the street in front of one of our neighbors' houses so we can ride the trail system. All our dirt bikes contain mufflers and our quieter than the local UPS truck and other cars in our neighborhood. We have taught our kids that they must abide by the rules of the road just as if they are driving a car. I have seen people speeding in cars in our neighborhood but never seen a person riding or driving an OHV speeding on the roads. I have been bussed by cars while I walk the roads in Wildridge, and I have never had an encounter with an OHV vehicle. I have found all OHV vehicle drivers/riders to be courteous and respectful of others on the roads. I would encourage the Avon Town Council to adopt an OHV policy like Gypsum or Eagle. If the town does not allow local OHV users to ride their OHVs on the roads to access our local forest, then you are restricting many of the homeowners in Wildridge from using these access points with their OHV's and only making them accessible to homeowners that live directly adjacent to the access points. We love our Wildridge neighborhood and allowing OHV vehicles on the roads to access our forest just makes our neighborhood even better. Dirt biking is one of the ways my family spends their family time enjoying the outdoors and I would hate to see that restricted. Thank you, Debbie Lathram Page 42 of 43 Memorandum - Wildridge Covenants. Research Studies Related to Snowmobi From: Devon Decrausaz Sent: Tuesday, March 9, 2021 2:12 PM To: Council Everyone Group <council@avon.org> Subject: OHV use on Public Roads in Wildridge Dear Honorable Mayor Smith Hymes and Council Members, My name is Devon DeCrausaz and I have lived in Wildridge for 23 years. I am passionate about the outdoors and am addicted to the feeling of wellbeing I get from recreating in our backyard. It is my “flow” as they would say in the 2011 documentary Happy. I am lucky. I am able bodied, healthy and strong. I can hike or skin from my home to the top of Red and White, bike the Avon Preserve trails, ride my dirt bike to the cabin in the Metcalfe drainage and backpack for miles and miles hunting with my husband. Others are not as fortunate. My neighbor, a paraplegic, can only access the Forest by motorized vehicle. He can only picnic with his daughter in what he describes as “the sound of music” field if he is allowed motorized access. The disabled are just one example. The elderly, those with small children, they should be allowed access as well. Although this discussion is about OHV use on public roads, the opposition is making it about access. They would have our Forest Service access roads decommissioned and access denied. This is not the answer and I believe you know this. Outdoor recreation is paramount to our community. As a Town, you have shown commitment to recreation in your support of our mountain bike trails. Please, now show your support to the motorized community. By adopting an ordinance allowing OHV use on public roads, the Town will show that it is committed to motorized access. Chief Daly did an amazing job with his report. He confirmed what my neighbors and I all know, OHV drivers have been respectfully using the roads for many years. Please formalize the use and allow this to continue. In your decision making process, should the concern arise regarding the Wildridge Covenants, kindly refer to the attached Memorandum from Paul Wisor, Town Attorney dated June 14, 2020 in which he says in summary “the dissolution of the WDC and Covenants Committee have made enforcement of the Covenants impossible, and therefore rendered them essentially meaningless. It is clear the Town never has, does not have, and never will have a duty to enforce the Covenants as currently constituted.” You may also share a concern about wildlife. Please see the attached Research Studies Related to Snowmobiling Impacts. This research clearly shows that wildlife is alarmed by man walking on foot and not OHV’s. Check it out. Assuming you decide to adopt an OHV ordinance, I would welcome the opportunity to talk through specific details. Thank you for taking time to read my comments and for all you do for our community. Kindest regards, Devon DeCrausaz Page 43 of 43 From: ARTHUR YUAN Sent: Tuesday, March 9, 2021 3:12 PM To: Council Everyone Group <council@avon.org> Subject: Public Road Access for OHVs Dear Avon Council, We live in Wildridge at 5792 Wildridge Road, the second home north of FSR 779 access and own two UTVs. We are strong supporters for legalizing OHVs on public roads for our subdivision “Wildridge” for access to FSR 779 and FSR 717, June Creek. We utilize both access points and would enjoy the legal use of public roads to access both trails. Over the past few years, we have seen more Wildridge homes own UTVs, ATVs, and motorized dirt bikes to enjoy the access to these trails. It is only practical for us to access these trails by our subdivision public roads. Almost all of the users are only using the public roads to access or return from the trails and are obeying rules of the road. The trails are an important resource to our community and one of the many reasons we chose to buy a home in Wildridge. Thank you for your consideration. Arthur and Elie Yuan Sent from my iPad Project Report 29 December 2020 - 06 April 2021 Engage Avon US Forest Service Roads Access Highlights TOTAL VISITS 696 MAX VISITORS PER DAY 72 NEW REGISTRATI ONS 5 ENGAGED VISITORS 28 INFORMED VISITORS 75 AWARE VISITORS 468 Aware Participants 468 Aware Actions Performed Participants Visited a Project or Tool Page 468 Informed Participants 75 Informed Actions Performed Participants Viewed a video 0 Viewed a photo 15 Downloaded a document 20 Visited the Key Dates page 0 Visited an FAQ list Page 0 Visited Instagram Page 0 Visited Multiple Project Pages 45 Contributed to a tool (engaged)28 Engaged Participants 28 Engaged Actions Performed Registered Unverified Anonymous Contributed on Forums 0 0 0 Participated in Surveys 0 0 0 Contributed to Newsfeeds 0 0 0 Participated in Quick Polls 0 0 0 Posted on Guestbooks 28 0 0 Contributed to Stories 0 0 0 Asked Questions 0 0 0 Placed Pins on Places 0 0 0 Contributed to Ideas 0 0 0 Visitors Summary Pageviews Visitors 1 Mar '21 1 Apr '21 100 200 300 Visitors 61 Contributors 28 CONTRIBUTIONS 33 23 February 21 Marc demeillac AGREES 0 DISAGRE ES 0 REPLIES 0 24 February 21 Tab Bonidy AGREES 0 DISAGRE ES 0 REPLIES 0 24 February 21 Arthur & Elie Yuan AGREES 0 DISAGRE ES 0 REPLIES 0 24 February 21 Arthur & Elie Yuan AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook Please keep motorized access open at both if these roads. I have 2 little boys 6&9yo and we ride motorcycles, hunt and camp out of both of these access point s all summer. We actually bought our home in Wildridge because of the Forrest access. Please allow my kids to grow up in the National Forrest Councilmen and Councilwomen: I bought a piece of property and built a home in Wildr idge because of these roads. My wife's life revolved around being in the National For est on her four-wheeler. This brought her much enjoyment and much peace. And I m ust tell you, when momma ain't happy, nobody's happy. Please understand the import ance of these two roads and all of the rest of the roads above the Wildridge neighborh ood including 734.1, 700.1, 701.1 and 433.1 are to the residents of the Wildridge com munity as well as half of Eagle County. These roads have been a source of recreation on four-wheelers, motorcycles, mountain bikes and snowmobiles for years. They provide access to all people including those that are disabled and unable to hike. The Forest Service is out of control in their quest to close these roads. These are OU R ROADS as citizens of this great Country and this community and provide access to the National Forest, OUR FOREST. Please do everything in your power to keep the F orest Service in check and under control to prevent these closures during ALL season s. Thank you. Tab Bonidy We own a home in Wildridge. One of the main reasons we purchased there was proxi mity and access to White River National Forest including access to FSR 779 & 7 17. We purchased four wheel UTVs to enjoy the trails and climbs to Red &White and other areas outside our back yard. The FSR are a great asset to the enjoyment of our home and value. We would never want to see access to these FSR’s limited or de nied. I see several comments about a survey taken regarding motorized vehicle access on FSR 779 and 717. We own propert and live in Wildridge and never received any infor mation regarding the survey conducted and feel that the Wildridge community was not accurately represented regarding motorized access to these specific FSR access points. We would vote of continuing motorized access and express that as a key reas on we moved into this neighborhood. Arthur and Elie Yuan 5792 Wildridge Rd East Page 4 of 12 25 February 21 Dave Wilkison AGREES 0 DISAGRE ES 0 REPLIES 0 25 February 21 Joshua AGREES 0 DISAGRE ES 0 REPLIES 0 25 February 21 Jim Harris AGREES 0 DISAGRE ES 0 REPLIES 0 26 February 21 Andrew jones AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook We have lived in Wildridge since 1990 and the main reason for the area was the proximity of the Forest access. We raised our kids using the access and parents and f riends for 30 years We now use it with our Grandkids and hope to for years to come. We enjoy our side by side to do scenic rides with the grandkids and friends. We enjoy hiking and biking and hunting by using this access. Please help us keep this opened f or us and others to enjoy to many years to come. Thanks, Dave Wilkison I have been a full time year round resident of Eagle county for the past 25 years and s pecifically in Avon for about 3 now. I regularly use the Town of Avon's forest service r oad access via Wildridge all summer long for both motorized and non-motorized access. The availability, and the ease of access from anywhere in town are both an a mazing individual benefit of living here as well as a wonderful draw for our tourism an d guests alike. After all, we live in the mountains so we can be close to the forest and our livelihood depends on our guests who come here to explore. To close these access points would be a travesty to our lifestyles as residents as well as potentially e ffecting the safety of wilderness travelers. With the increasing drought and fire danger of the past few years, limiting fire fighting resources access in an emergency could be devastating to our community. Further more, limiting access of mountain rescue and E MS personnel access to injured recreationalists could endanger lives. I conclusion I fe el these roads should remain open for the enjoyment of the public, and through a pro gram of education, information and personal responsibility users of these access point s and residents of the Wildridge area can coexist nicely. Thank you Joshua Mauro I bought a home in Wildridge in 2016 and one of the things that attracted me to Wildridge was the ease of forest access. I live within eyesight of the 779 trail and I use it for motorized and non motorized use all year long. It’s so nice to be able to hop on a dirt bike or in my SXS and go for a ride. I also love hiking up the trail with my dog or with friends. As soon as the road opens in June I head up with an electric chain sa w and clear the road of dead fallen trees. I don’t believe the forest service does anythi ng to maintain the road and that’s fine. Please do not let the wishes of a few outweigh the wishes of many. Please do don’t close these roads! It’s the only access we have up valley! Page 5 of 12 26 February 21 Frederick Smith AGREES 0 DISAGRE ES 0 REPLIES 0 26 February 21 Spencer Ball AGREES 0 DISAGRE ES 0 REPLIES 0 26 February 21 Christy Ball - mom of 2 AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook I’m writing to let you know of the real motive, which I think you do but just in case, of a very vocal minority who live in Wildridge by the Red and White (R&W) access. They c laim they are protesting OHV access for “Environmental Issues”. Don’t be fooled, it is strictly because they don’t want to be “bothered” by the noise of motorized vehicles go ing up R&W, even though when they purchased their properties they knew darn well of this situation. By the way, if they were truly concerned about the environment they’ d know that if access is shut down or limited in Wildridge Residents will have to load u p their OHVs on trailers, pull them with their truck to open access points miles away, b urning up much more fuel. Their argument is nothing more than a “red herring” trying t o cover up their real rationale. This vocal minority is also ignoring the needs of citizens who are simply not physically able to either walk or bike up R&W and enjoy th e forest in their neighborhood. This group of citizens can’t not be ignored because of a handful of people who don’t like the noise. Sincerely, Frederick Smith I moved to Eagle County 21 years ago and have been enjoying motorized access to t he WRNF since even before I relocated to this community. The amount of closures an d restrictions that our WRNF supervisors and management have implemented and pu nished our user group with is DISGUSTING and completely unjustified. I have sat at t he table with the WRNF Supervisor and the local rangers for years trying to protect ac cess for the motorized community and it's been a complete waste of time. They use e very excuse they can find to close, restrict and take away access. Our user group is n ot well represented and they have taken full advantage of this. WE must have support from individuals in the community and TOA to stop this non-sense! My wife and two ki ds moved to Wildridge just 1/2 mile from FSR 779 5 years ago, and motorized access to our favorite dirt roads was a huge motivation for this move. Access to the WRNF fo r motorized use needs to be expanded at this point in time NOT restricted like we witn essed for the last 20 years. Please help keep these routes open for both summer recr eation and REOPEN these routes for winter motorized use. The FS agreed to keep 7 79 open for winter access and went back on their word because no one pushed or poli ced them hard enough to keep the 779 route open for winter access. The small numb er of anti-motorized people in Wildridge and in Eagle County should respect other use r groups and realize when they purchase a home close to a trail head, that's what the y signed up for- Traffic and traffic of all sorts, quit your whining and hating. Thank you TOA for the consideration and involvement with this important subject. Spencer Ball Our young family of 4 wants to use access roads in Wildridge with motorized vehicles! Snowmobile and dirt biking girls!!! Our 5 and 6 year old girls love nature and they plan to ride their dirt bikes into the woods for years to come. keeping these route s open is extremely important to our family! A big part of purchasing our Wildridge ho me was to have access to a wild and BIG backyard! Please please please keep these Wildridge roads open to motorized vehicles! Page 6 of 12 27 February 21 Tracey S AGREES 0 DISAGRE ES 0 REPLIES 0 28 February 21 Michael Salomone AGREES 0 DISAGRE ES 0 REPLIES 0 28 February 21 Cathy Dumolt AGREES 0 DISAGRE ES 0 REPLIES 0 02 March 21 ColinMeiring AGREES 0 DISAGRE ES 0 REPLIES 0 02 March 21 JM AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook I have owned property in Wildridge and the Town of Avon for 23 years. I have raised my family in Wildridge. We have enjoyed the motorized and non motorized access for many years. I am saddened and angered to find that the 'minority' has purchased a ho me and is bothered a few months of the year. Perhaps they should have done their du e diligence beforehand instead of trying to close a trail that has been used for decade s by MANY Wildridge and Eagle County residents. The demand for motorized access is very clear. Perhaps if the USFS opened some of the trails they closed, there would be less impact on a single trail. I believe if the TOA were to reach out to ALL residents, there would be an overwhelmingly majority in favor of this access. yes, ther e are issues with parking etc. But those can be addressed. The motorized community would be very grateful to receive a portion of the support the Town has shown the mo untain bike community. Closure of existing NFS roads is unnecessary. Hunting, fishing and recreational acces s should not be diminished for all residents because a few "bark loudly." As a longtime local, since 1992, forest access is of the utmost importance. We live in Eagl e County for access to our local mountains and the pursuits that we seek regularly. Pl ease do not limit the ability for my family to access the local mountains. As a resident of Eagle Country since 1976 I have used that access before Wildridge was a development. When I was much younger I hiked all over this area. Most memor able was as a student at BMHS Applied Life class! I still hick but due to aging knees I do more driving in my jeep! I love taking my grandkids up there! I normally start from Wolcott and come out at Wildridge. I would love to continue to bring my grandkids thr ough there and show them our beautiful county along with teaching them respect for t he land! Thank you all for your time! Mostt of us live and enjoy Eagle County for the same reasons: Pristine open space, a ppreciation for wildlife conservation preservation and the sheer majestic beauty of nat ure. Can we please do our due diligence and conduct a wildlife impact survey on these access roads before we open them for year-round motorized vehicles. I’ve lived in Wildridge for the past 9 years and have witnessed the steady Summer vandalism, il legal fires, high speed dirt bikes, ATV’s trash and disrespect for access road FSR 7-7 79.1 Metcalf Creek. Unfortunately, some always ruin it for others. Please get qualified US Forestry consultation before opening these roads. I vote to keep them closed. Access should be allowed and maintained for all public lands. If anyone has any issue s it's all about their "not in my backyard" attitude. Public lands is public lands. Access should be maintained. Page 7 of 12 03 March 21 CarrollTyler AGREES 0 DISAGRE ES 0 REPLIES 0 03 March 21 CarrollTyler AGREES 0 DISAGRE ES 0 REPLIES 0 03 March 21 Charlie S AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook WILDRIDGE ON FIRE Remember last summer with 1-70 closed due to fires in Glenw ood Canyon, others in Grand Junction and Granby?? Opening US Forest Road 779 to motorized vehicles in this residential neighborhood is asking for serious consequences. Drought prevails on these hillsides and low snow fall is not helping. All owing commercial trailers of motor bikes, ATVS to park along upper Wildridge Road increasing access to this steep hillside not only harms the wild life but increases the c hances of fire. The fragile hillside cannot safely handle private cars and jeeps, many o f which do not have spark arresters. Snowmobiles again would be very damaging to th e environment as well as the value of home owner’s properties. Noise, trash and parking of commercial outfitters vehicles as well as scores of private cars are not welc ome on this street where local families walk their dogs and babies every day. BUT it g oes back to FIRE. WILDRIDGE HAS ONE WAY IN AND ONE WAY OUT. Do not dev elop US 779. CARROLL TYLER WILDRIDGE ON FIRE Remember last summer with 1-70 closed due to fires in Glenw ood Canyon, others in Grand Junction and Granby?? Opening US Forest Road 779 to motorized vehicles in this residential neighborhood is asking for serious consequences. Drought prevails on these hillsides and low snow fall is not helping. All owing commercial trailers of motor bikes, ATVS to park along upper Wildridge Road increasing access to this steep hillside not only harms the wild life but increases the c hances of fire. The fragile hillside cannot safely handle private cars and jeeps, many o f which do not have spark arresters. Snowmobiles again would be very damaging to th e environment as well as the value of home owner’s properties. Noise, trash and parking of commercial outfitters vehicles as well as scores of private cars are not welc ome on this street where local families walk their dogs and babies every day. BUT it g oes back to FIRE. WILDRIDGE HAS ONE WAY IN AND ONE WAY OUT. Do not dev elop US 779. CARROLL TYLER As you can see from other responses, lots of people moved to Wildridge at least in pa rt because of forest access. I believe that in this regards Wildridge is somewhat simila r to Eagle Ranch. People buy here because of the recreational opportunities that exist nearby. This should really be no surprise. We are not living in downtown Boston! The Valley by its nature attracts outdoor enthusiasts – for living and recreating. The success of the West Avon Preserve (in spite of loud complaints!) shows that outdoor r ecreation is an important part of our town experience. If roughly 1/3 approve of keepin g 779 motorized that says a lot to me - a whole lot. Putting a gate at the bottom of 779 , where it joins Wildridge, would make sense to me. Some owners are concerned abo ut users cutting across their land avoiding the gate. Could this be fixed by putting som e strategic fencing along the road? I think so. At present there are two access points fr om the valley near Avon up to Red & White. If one were taken out (FS 779) the strain on the other (FS 717) would increase significantly. Both are needed.. both are pretty heavily used, by all types of users. FS 779 is not a “piece of cake.” It is pretty darn ste ep, right at the start. Only advanced users can get up there very easily. Giving it some maintenance probably will not increase use significantly. It will still be a steep challeng e. The original decision by the USFS to decommission 779 ten years ago said that it w as not needed because 717 provided access to Red & White. However, even over the 10 years I have been in Wildridge, 717 shows the impact of heavy use. The rocks kee p being exposed as the dirt around them is blown away. Keeping 2 access routes will mitigate the impact of use on each of them. There will always be yahoos who abuse t heir privileges while using USFS roads. There will always be those who claim dangero us behavior will be inevitable. Does this happen in the West Avon Preserve? Perhaps . Is it a big problem? NO. I believe a similar situation exists on 779. Will motorized acc ess impact property values? Some will say “yes”, but I think most will say “no.” Some will even say it increases property values. Charlie Sherwood 4211S Wildridge Rd. W. Page 8 of 12 03 March 21 Jake Holland AGREES 0 DISAGRE ES 0 REPLIES 0 03 March 21 Jake Holland AGREES 0 DISAGRE ES 0 REPLIES 0 03 March 21 John Fletch AGREES 0 DISAGRE ES 0 REPLIES 0 03 March 21 Cassody Durtz AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook I have rode motorcycles and snowmobiles on both roads since the early 80s. I’ve hunt ing the area since I was 10 years old using both Roads as access. NO Elk live or Cro ss rd 779 during the winter. They do migrate during hunting season and are move out late October. I hike 779 at least once a week in the winter and have never come acros s an Elk or Elk tracks in the winter months, I see more dog crap and doggy black poop bags all over the rd more than “Trash” left by motorized vehicle traffic. Those roads ha ve been there before homes were built and if you moved in next to a public access ro ad that has been around for many many years you should’ve done your own due dilig ence on off road “vehicle noise”. Humans and dogs are going to harass and spoke wil d animals more than vehicles. KEEP THE ROADS OPEN YEAR ROUND ! I have rode motorcycles and snowmobiles on both roads since the early 80s. I’ve hunt ing the area since I was 10 years old using both Roads as access. NO Elk live or Cro ss rd 779 during the winter. They do migrate during hunting season and are move out late October. I hike 779 at least once a week in the winter and have never come acros s an Elk or Elk tracks in the winter months, I see more dog feces and doggy Feces bla ck bags all over the rd more than “Trash” left by motorized vehicle traffic. Those roads have been there before homes were built and if you moved in next to a public access road that has been around for many many years you should’ve done your own due dili gence on off road “vehicle noise”. Humans and dogs are going to harass and spoke wi ld animals more than vehicles. KEEP THE ROADS OPEN YEAR ROUND ! The main reason I purchased home in Wildridge was the access to road 779 during th e winter and summer with motorcycles / Jeeping and snowmobiles. I raised my family of three kids riding snowmobiles up 779 (until it was closed) There should have been more Wildridge and Avon residents involved with that bad decision years ago to close it during the winter. I am glad we now have a voice to re-open and keep it open. Re-o pen / Keep Open. My family and I love the outdoors. Anything from hiking to dirtbiking, we love it all. The big backyard that we Wildridge people have are one of many reason we live up here as well as why people move up here. During the summer dirtbiking, off roading and all of the above are the best activities my family and I enjoy doing together. In the winter i t would be amazing to be able to take snowmobiles up in our big backyard rather than having to drive far (which seems would hurt the environment more- pulling a trailer wit h a SUV / Truck). The best memories I have from back when the trail was open to sle ds would be riding with my dad. He loves getting the family together on the days he’s able to spend with the us to be outdoors either riding dirtbikes, snowmobiling, off road ing in the the jeep, etc. Most of the maintenance on the trails that I’ve seen has been done by those who use OHV on the trails! This to me shows not only are we keeping t he trails in good condition but we are are also respecting the environment by taking c are of the tails. I’ve also noticed when I’ve gone up to dirtbike, a lot of OHV are very c ourteous to hikers & mountain bikers. The trail is being shared by all who either use O VH or hike or mountain bike. When being on the trails it’s very noticeable people stay on the trail that has been ridden for YEARS. There’s no showing of those using OHV going off the path and creating their own trails. Not only do those who use OHV seem to take care of the trails more than most, majority of trash that’s seen on the tails are d og bags... Those who are upset about OHV usage on the trails should’ve done more r esearch about where they were moving to:) The big backyard of Wildridde not only let s those who live in Wildridge enjoy the outdoors but also to those who live in the surro unding areas. I vote to open the trails and keep them open!!! Page 9 of 12 03 March 21 Cassody Durtz AGREES 0 DISAGRE ES 0 REPLIES 0 04 March 21 Caryl & Jeff Hahn AGREES 0 DISAGRE ES 0 REPLIES 0 04 March 21 Tony L AGREES 0 DISAGRE ES 0 REPLIES 0 05 March 21 Kat AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook My family and I love the outdoors. Anything from hiking to dirtbiking, we love it all. The big backyard that we Wildridge people have are one of many reason we live up here as well as why people move up here. During the summer dirtbiking, off roading and all of the above are the best activities my family and I enjoy doing together. In the winter i t would be amazing to be able to take snowmobiles up in our big backyard rather than having to drive far (which seems would hurt the environment more- pulling a trailer wit h a SUV / Truck). The best memories I have from back when the trail was open to sle ds would be riding with my dad. He loves getting the family together on the days he’s able to spend with the us to be outdoors either riding dirtbikes, snowmobiling, off road ing in the the jeep, etc. Most of the maintenance on the trails that I’ve seen has been done by those who use OHV on the trails! This to me shows not only are we keeping t he trails in good condition but we are are also respecting the environment by taking c are of the tails. I’ve also noticed when I’ve gone up to dirtbike, a lot of OHV are very c ourteous to hikers & mountain bikers. The trail is being shared by all who either use O VH or hike or mountain bike. When being on the trails it’s very noticeable people stay on the trail that has been ridden for YEARS. There’s no showing of those using OHV going off the path and creating their own trails. Not only do those who use OHV seem to take care of the trails more than most, majority of trash that’s seen on the tails are d og bags... Those who are upset about OHV usage on the trails should’ve done more r esearch about where they were moving to:) The big backyard of Wildridde not only let s those who live in Wildridge enjoy the outdoors but also to those who live in the surro unding areas. I vote to open the trails and keep them open!!! It's understandable that the neighbors in Wildridge would like to have year-round acce ss for motorized vehicles (including snowmobiles) on the USFS roads. Our concern is that opening the roads would allow access to anyone from the entire Vail Valley or Ea gle County or the entire State. There is no parking at the access point to this road at a ll. Additionally, this could have a significant impact on traffic in Wildridge. This is especially concerning as there is only one road in and out of Wildridge. TOA/USFS, Like most of the comments here, I too was attracted to Wildridge in part b ecause of the national forest access it offered. As a lifelong valley local and now a 16 year Wildridge resident, my family immensely enjoys this ever dwindling asset. A com plaint about trailhead traffic is akin to the complaints about I-70 noise after buying pro perty alongside it. Of course there will always be the minority knuckleheads with no common sense who abuse parking/noise regulations, etc. but that occurs everywhere with everything. The forest service’s own study’s have shown very little wildlife/environmental impact by these existing decades old roads and trails. I keep he aring TOA / USFS officials mentioning “wildlife” as an argument to close these access points. How we forget these same people being so excited about the West Avon Pres erve trails (which we enjoy regularly)but have basically eliminated any wildlife in that a rea. Please keep/reopen year round access. There are a few local organizations that would love to help maintain these trails if given the chance. Keeping access open and establishing travel management rules might help with fire mitigation and fire fighting in the event of wildfire. Parking is a concern. Red and White Mtn trails are beautiful, maintain it and share it. Page 10 of 12 05 March 21 Mitch H AGREES 0 DISAGRE ES 0 REPLIES 0 09 March 21 Janet AGREES 0 DISAGRE ES 0 REPLIES 0 09 March 21 jh AGREES 0 DISAGRE ES 0 REPLIES 0 09 March 21 Arthur & Elie Yuan AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook As an avid hiker, bicyclist, and dirt bike rider, I have seen the number of choices for m otorized trails shrink and shrink every year over the last 2 decades. Please work to ke ep open the few motorized riding and access options that are left! Thanks. We are writing to ask that the Avon Town Council oppose the proposal to open US Fo rest Road 779 to motorized vehicles. This road can be entered only by traversing thro ugh our quiet residential neighborhood. I have witnessed motorized vehicles on that r oad when I was hiking, and they are very disruptive to hikers, dogs, and wildlife. Incre asing the traffic in the neighborhood would be the inevitable result. It also poses risks t o the abundant wildlife in the neighborhood. But we are most deeply concerned about the increased fire risk in a fragile wild area. Opening US Forest Road 779 to motorized vehicles in this residential neighborhood is asking for serious fire risk. Drou ght prevails on these hillsides and low snow fall is not helping. Allowing commercial tr ailers of motor bikes, ATVS to park along upper Wildridge Road and increasing access to this steep hillside not only harms the wild life but increases the chances of fi re. The fragile hillside cannot safely handle private cars and jeeps, many of which do not have spark arresters. Wildridge already faces serious fire risks. At this point, there is only one road in and out of Wildridge, and increasing the fire risk in our neighborhoo d poses major risks to the families who live there. Please oppose the development of US Forest Service Road 779. In view of the results of last Summer’s Wildridge Comm unity Survey, showing only minor support for motorized access via FR779, Town Cou ncil needs to take action. An ordinance, consistent with the Wildridge Protective Cove nants and state statutes, strictly limiting or prohibiting OHV use of all Avon streets, sh ould be enacted and enforced. Please abide by the decision of the WRNF in 2011 which included closure of FSR 779 to all motorized use and subsequent decommissioning. Allowing increased access by ATVs, Snowmobiles and dirt bikes will have a negative impact on wildlife and the over all health of our environment. The people who voiced their concerns in 2018 have the same concerns today. The motorized vehicle advocates want better access but at wh at cost to the environment to support their special interest group desires? Wildridge is a unique neighborhood because of its access to White River National For est. Most of our neighbors are outdoor loving people who enjoy the access to the trails FSR 779 & 717. We live very near the entrance to FSR 779 and see the utilizatio n of these trails by all types of recreational users. One of the main reasons we moved to the neighborhood is to be able to use motorized vehicles to access our National For est. There are few neighborhoods of the Wildridge caliber that have this feature. We v alue access to the trails, we support public road utilization to enter and exit the trail ac cess points, and commend our neighbors efforts to expand and maintain these valuable resources. We thank Avon Council for their review and support of maintainin g our access and improving our experience of White River National Forest through Wil dridge subdivision. Page 11 of 12 14 March 21 TT AGREES 0 DISAGRE ES 0 REPLIES 0 17 March 21 Bart Birks AGREES 0 DISAGRE ES 0 REPLIES 0 Engage Avon : Summary Report for 29 December 2020 to 06 April 2021 GUEST BOOK Guestbook Recreational use of 779 As we have seen during the past year more people are recre ating in lands that wildlife traditionally occupy — creating a situation fraught with confli ct that cries out for education. Talks of limiting access to overused hiking trails in Vail are ongoing. According to Saeger from the Eagle County Wildlife Committee, "We nee d to balance consumptive and non-consumptive recreation with wildlife habitat protect ion and provide “innovative mechanisms to support wildlife conservation, habitat enha ncement and recreation in Eagle County.” I think we need to be very careful about ma king any decisions to enable increased traffic of snowmobiles, ATVs, dirt bikes etc tha t can access 779. Look at Berlaimont and the Save the Sheep effort in Vail. We need to protect the Wildlife. I understand that FSR 779 is a hot topic in our community of late, there are those that would like for the road to remain open for vehicle traffic and those that would like to s ee it closed. I feel like the people that would like to see it closed are largely those that have bought homes near the road, even though the road (and thus National Forest ac cess) predates said neighborhoods. Similar situation to someone buying/building a ho me near an airport, gun range, interstate, etc and then complaining about the noise. If the road is closed it only effects those that would choose to access the national forest (that belongs to all of us) by ATV, dirt bike, snowmobile, or 4 wheel drive vehicles, it wouldn't restrict the access to those who choose to use the forest on foot or horsebac k. Now, if this forest belongs to all of us does this seem fair? As of now, all of these vehicles are legal in the united states and in the National Forests, so why would we di sproportionately punish those who would choose to use them? I have read comments on here quoting things like wildlife protection and fire concerns caused by these vehicl es. Well, there are already laws in place to protect these concerns. All vehicles used i n our national forests are REQUIRED to have a spark arrestor and it is illegal to haras s wildlife in any way. Maybe instead of restricting access we can work to enforce the l aws that are already on the books? It is already illegal to speed through a neighborho od, it doesn't matter if it is in a mini-van or on a dirt bike. Many national forests around the country have found ways to make the forest accessible by all, I hope we can inclu de our local forest one of these. Gunnison National Forest in and around Gunnison an d Crested Butte CO is one of the best, perhaps we can get advice from them on how we can have a successful partnership. Page 12 of 12 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: RETT Presentation DATE: April 9, 2021 SUMMARY: A comprehensive overview of RETT is provided to Council and the Avon community in a presentation format suitable for the Avon website. This information was compiled at the direction of Council. Presentation of RETT information is an identified 2021 goal for the Finance Department. Staff will add this presentation to the Avon Website in a location that is easily assessable and will provide notices to the public through press releases, social media and the Heartbeat Newsletter. COUNCIL DIRECTION: Council direction is requested for the following: Additional information: Is there additional information that should be included in the presentation? Dissemination of Information: Are there other means of providing this information to the Avon community that Council desires? A mailer in a tri-fold brochure format could be created and sent to each registered voter and property owner in Avon. Staff anticipates that the cost for this type of mailer would be approximately $6,000 to $9,000. Thank you, Eric ATTACHMENT A: Real Estate Transfer Tax – April 2021 A Comprehensive Overview Real Estate Transfer Tax –April 2021 A Comprehensive Overview Welcome! The Avon Town Council welcomes you to this overview of Avon’s Real Estate Transfer Tax Avon’s Real Estate Transfer Tax has played an important role in funding Avon’s public infrastructure and capital improvements for over 40 years. This overview compiles information on Avon’s Real Estate Transfer Tax. The Avon Town Council is committed to transparency and accessibility of the Town of Avon’s financial information. This overview was reviewed by Avon’s citizen Finance Committee. Real Estate Transfer Tax | April 2021 RETT is 14.14% of Avon’s tax revenues and 9.6%of the Avon’s total revenues. The budget for RETT revenue in 2021 is $2,550,000. Total Operating Revenues in the 2021 Budget are $25,767,0960 Total Tax Revenues are projected at $17,674,978 Introduction Definition of Real Estate Transfer Tax The Town of Avon imposes a Real Property Transfer Tax (“RETT”) in the amount of 2% of the consideration paid on the transfer of real estate property within the municipal limits. RETT is different from Property Tax. The RETT is only charged when a property is a conveyed. Property Tax is assessed each year and is based upon a mill levy (one mill is $1 per $1,000 of assessed valuation) assessed by each taxing jurisdiction multiplied by the assessed valuation. -those are ongoing taxes you pay for owning a home. History of RETT The Avon Town Council first enacted a 1% RETT in October,1978 by adoption of Ordinance No. 8 to help pay for the expenses of the Town. Ordinance No. 8 allocated the first $150,000 of revenue to the General Fund, and then split the revenues 50% to the General fund and 50% to the Public Works Fund for Capital Improvements. In 1987 the Avon Town Council raised the RETT from 1% to 2% by Ordinance No. 1987-17. The Avon Town Council also allocated 100% of the RETT revenues for capital improvements by Ordinance No. 1987-19. RETT is charged when real property title is transferred and conveyed. 1% RETT adopted in 1978 RETT raised to 2% in 1987 Real Estate Transfer Tax | April 2021 Use of Real Estate Transfer Tax Real Estate Transfer Tax revenues pay for the majority of Capital Improvements in Avon, including improvements to Harry A. Nottingham Park, regional trails, street repaving, and debt payments for the Police Station, Avon Regional Transit Facility, and Fleet Maintenance Building. Real Estate Transfer Tax | April 2021 Who Pays RETT? Full-Time Residents paid 20% of RETT. 80% of RETT came from second home owners, investors and commercial transactions over the last three years. Real Estate Transfer Tax | April 2021 $648,055.99 7% $7,294,030.47 73% $2,021,271.09 20% Total RETT Collected 2018-2020 by Category Commercial RETT Non-Primary Residential Primary Residential Avon Municipal Code The Town’s RETT regulations are codified in the Avon Municipal Code in Chapter 3.12 –Real Property Transfer Tax (link) The RETT Regulations include Definitions, Exemptions, Application for Exemptions, Liens, Allocation of Revenue, and Enforcement. 3.12.040 -Persons Liable for Tax The purchaser (the party receiving the property) is liable for the payment of RETT. Often times Buyers and Sellers negotiate the payment of RETT and may choose to split the RETT 50/50. Real Estate Transfer Tax | April 2021 Allocation of RETT All RETT revenues are allocated to capital improvements with the exception that 10% may be deposited in the Community House Fund and Council may reallocate RETT for any municipal purpose upon a determination of an emergency. Avon Municipal Code Section 3.12.110 –Allocation of Revenue “All revenues derived from the tax imposed pursuant to this Chapter shall be allocated as follows: (1) Subject to (2) and (3) below, all revenues shall be deposited into the public improvements fund of the Town for the purpose of capital improvements, including but not limited to railroad crossings, bridges and streets, payment of principal of premium, if any, and interest on debt incurred by the Town relating to capital improvements; (2) up to a maximum of ten percent (10%) of all revenues may be deposited into the Community Housing Fund; or, (3) upon determination of an emergency by unanimous minus one (1) vote of Council Members present, for any valid municipal purpose.” Real Estate Transfer Tax | April 2021 RETT Exemptions The Town has 19 separate exemptions for RETT based upon certain criteria which are set forth in the Town of Avon Municipal Code Chapter 3.12.060.The first 16 provide a full exemption from all RETT due and the exemptions (17), (18) and (19) provide a partial exemption on the first $160,000 or $240,000 in RETT due for primary residence purchases. (1)Government transfers (2)Gifts (3)Decree of Partition (4)Transfer by Death, Will or Decree of Distribution (5)Mergers, Consolidation and Reorganizations (6)Transfers due to Bankruptcy Plan (7)Correction Deeds without Consideration (8)Transfers of Cemetery Lots (9)Quiet Title Decrees and Condemnation Orders (10)Leases which are 25 Years or Less (11)Transfer of Mineral or Royalty Interest by Deed (12)Transfers to Secure a Debt (13)Foreclosure Deeds (14)1031 Tax Deferred Exchanges (15)Community Housing Projects (16)Transfers of Deed Restricted Community Housing (17)Primary Residence (18)Primary Residence (19)Primary Residence LIST OF EXEMPTIONS Real Estate Transfer Tax | April 2021 Primary Residence RETT Exemptions Three types of Primary Residence Exemptions –3.12.060(17), (18) and (19) SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS: Exemptions Section (17)Section (18)Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Instructions and Promissory Note and Affidavit Section 17 RETT Exemption Instructions Section 17 Promissory Note and Affidavit Section 18 RETT Exemption Instructions Section 18 Promissory Note and Affidavit Section 19 RETT Exemption Instructions Section 19 Promissory Note and Affidavit Real Estate Transfer Tax | April 2021 TABOR and RETT Twelve home rule mountain resort communities in Colorado adopted a RETT prior to the 1992. The mountain resort communities generally favored RETT because this tax can generate revenues more quickly when new real estate developments are brought to market and real estate markets are active. In 1992, a citizens’ petition to amend the Colorado constitution was successful and the Tax Payor’s Bill of Rights (“TABOR”) was approved by the Colorado electorate. TABOR was intended to restrict the growth of government by requiring a vote for any tax increase, debt increase, or expenditure increase. TABOR also prohibited any new or increased Real Estate Transfer Taxes. TABOR does not permit a local vote to impose a new RETT or increase an existing RETT.As a result, no municipalities in Colorado have enacted a new RETT or increased an existing RETT since 1992. Douglas Bruce, a landlord in Colorado Springs and strict advocate for limited government, was the principal author of TABOR Real Estate Transfer Tax | April 2021 Home Rule and RETT AspenCrested Butte Telluride 4.0%3.0%2.0%1.5%1.0% Ophir Breckenridge Frisco Gypsum Minturn Snowmass Village Vail Winter Park Prior to TABOR, only municipalities with Home Rule Charters had the legal authority to enact a Real Estate Transfer Tax. The following twelve home rule municipalities enacted RETTs: Real Estate Transfer Tax | April 2021 RETT versus RETA Since the adoption of TABOR in 1992 and the subsequent prohibition of Real Estate Transfer Taxes, private real estate developers and their law firms formulated a method of creating a Real Estate Transfer Assessments (“RETA”) by private covenant and declarations. A RETA is fee on real estate transactions within a defined area that functions much like RETT. A RETA is a fee, not a tax, because it is created by private covenants and declarations. RETAs are often used by subdivision developers to establish a revenue source for the payment of capital improvements and infrastructure which serves the subdivision area. The rise of RETAs resulted in legislation in 2011 (Senate Bill 11-234) which required Real Estate Transfer Fees to “touch and concern the land,” meaning that the revenues from such fees must be pledged to benefit or improve the property or development project that imposes the fee. RETAs that are simply payable to an individual or entity for profit are prohibited by this legislation. Real Estate Transfer Tax | April 2021 RETTs and RETAs in Eagle County Avon 2% Vail 1% Minturn 1% Arrowhead 1.5% Riverwalk 1%Brett Ranch 1% Bachelor Gulch 2% Beaver Creek 2.375% Cordillera 2%Colorow at Squaw Creek 1% Eagle Ranch 1% Red Sky Ranch 2% Gypsum 1% Real Estate Transfer Tax | April 2021 RETT Revenue by Year $2,159,525 $1,616,982 $1,707,648 $1,574,502 $3,764,526 $2,369,314 $3,497,602 $4,448,666 $3,621,125 $5,001,145 $3,844,639 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 RETT REVENUES BY YEAR 2010-2020 *2020 figure is YTD through November 10-year average 2010-2019 5-year average 2015-2019 Real Estate Transfer Tax | April 2021 RETT Revenues from Large Projects 2010 Riverfront PUD -$1,277,768 2011 Riverfront PUD -$237,516,The Ascent -$501,180 2012 Riverfront PUD -$112,701,The Ascent -$71,120 2013 The Ascent -$98,460, Christie Sports Building -$218,000, Nottingham Station -$49,000 2014 Nottingham Station (Delinquent) -$57,842 2015 Wyndham -$61,389 2016 Wyndham -$639,419 2017 Walgreens -$89,673.28, Wyndham -$1,399,271,Nottingham Station -$158,500 2018 Walgreens -$164,236, Wyndham -$636,896, Riverfront Lots 4,5,6,7 -$132,000, Basecamp -$80,900 2019 Wyndham -$1,525,801, 7-Eleven -$120,000, Basecamp -$70,900 RETT revenues from large accommodation, luxury ownership and commercial properties contribute to the overall RETT revenues each year. Real Estate Transfer Tax | April 2021 Village (at Avon) Development Agreement Village (at Avon) Annexation and Development Agreement In 1998, the Avon Town Council approved an Annexation and Development Agreement and Planned Unit Development for the 1,779 acre Traer Creek property. The Development Agreement included an elaborate tax credit financing plan to fund the development of public infrastructure as well as long term vested rights for development entitlements. As part of the financing plan terms, the Town of Avon agreed to provide a tax credit for Avon’s 4% sales tax, 4% accommodations tax, 2% real estate transfer tax, and water tap fees provided that the Master Developer imposes a public improvement fee (“PIF”) in the same amount as the Town’s tax and uses such PIF revenues to pay for public improvements in the Village (at Avon). Town’s tax credit obligation is pledged until the debts on public improvements in the Village (at Avon) are repaid. If Avon reduced the 2% RETT, the Master Developer would likely reduce the corresponding Real Estate Transfer Fee, which would reduce overall PIF revenues and extend the timeframe of the Avon’s tax credit obligations. Real Estate Transfer Tax | April 2021 PAST: Capital Improvement Projects: Last 19 Years Facilities: Avon Station Construction -$4,570,620 Municipal Building Expansions and Improvements -$816,377 New Town Hall Land, Building and Improvements-$6,407,481 Avon Regional Transportation Facility Construction and Public Works Lot 5 Improvements –$13,301,251 ARTF Solar Panels -$258,258 Transit Bus Shelters -$360,282 Nottingham Park Pavilion and Retractable Doors -$4,111,823 Joint Public Safety Facility -$6,864,637 Recreation Center Repairs and Improvements -$2,880,192 Nottingham Park Restroom Remodel -$348,969 Fleet Maintenance Improvements and Fuel Depot Replacement - $124,246 Recycling Center -$21,774 2120 Saddleridge Loop (Wildridge Fire Station) Improvements - $36,160 Town Center Information Kiosks -$24,276 Old Town Hall Powerline Undergrounding and Demolition (In Progress) -$21,891 Land and Land Improvements: US Forest Service Multi-party Land Exchange -$1,031,171 Nottingham Park Repairs and Improvements -$420,027 Wildridge Park Improvements and Playground -$148,404 Wildridge Dog Park -$35,793 Other Land and Land Improvement Projects -$201,965 Roads and Streets: Streetscape Projects -$3,850,635 Avon Mall Improvements -$1,844,456 Street Improvement Projects -$3,146,402 East & West B/C Blvd. Street Rebuild -$3,988,243 Annual Paving and Street Repairs -$6,961,367 Bike Paths and Bike Lanes -$6,371,042 Pedestrian Improvements and Trails -$5,158,218 Eagle River Recreation Access and Enhancements -$1,253,906 Nottingham Park Recreation Amenities -$1,282,227 Utilities, Water, Stormwater & Drainage Projects Waste Heat Recovery -$4,618,491 Fiber Lines -$308,676 Nottingham Lake Liner Replacement -$1,318,139 Metcalf Road Drainage Project -$1,935,679 Buck Creek Drainage Project -$1,232,153 Nottingham-Puder Ditch Restoration project -$202,492 Nottingham Lake Spillway Replacement -$97,868 Nottingham Rd. Debris Flow Project -$164,303 Pump House Pump Replacements -$133,628 Drainage Master Plan $10,035 West B/C Blvd. Drainage Project $42,022 Post Blvd. Irrigation Wet Well -$43,403 Water Rights Acquisition -$9,466 Strategic Planning and Development Assistance General Planning and Consulting -$153,938 Tract G -$120,657 Town Hall Space Needs Analysis -$26,249 Hahnewald Barn predesign / Feasibility Study -$131,413 Buffalo Ridge Affordable Housing -$495,000 Comprehensive Plan -$171,902 Housing Needs Analysis –$18,733 East Avon Redevelopment Master Plan –$196,568 Public Works Master Plan -$63,066 Town Center West Investment Plan -$363,158 Nottingham Park Master Plan -$153,815 Comprehensive Transportation Plan -$198,547 Unified Land Use Code Revision -$193,235 Development Analysis and Review -$558,848 Communications and Technology Projects -$374,918 Developer Rebates -$4,018,778 Debt Service -$8,555,903 Operating Transfers to General Fund (Engineering Services) - $3,518,744 Other (Historical Preservation, Abatements, Misc.) -$177,866 Total Expenditures = $105,479,795 Annual Average = $ 5,551,568 Real Estate Transfer Tax | April 2021 2001-2019 CIP Expenditures Facilities, $40,148,237 Land and Land Improvements, $1,837,360 Roads and Streets, $31,320,372 Recreation, $2,536,133 Utilities, $4,927,167 Water, Stormwater & Drainage, $5,189,188 Strategic Planning and Development Services, $2,845,129 Communications and Technology, $374,918 Other, $177,866 Developer Rebates, $4,018,778 Debt Service $8,555,903 Transfers-out to General Fund, $3,548,744 2001-2019 CIP Expenditures Real Estate Transfer Tax | April 2021 PRESENT: Current 5-Year CIP Plan The Avon Home Rule Charter requires the adoption of a 5-Year Capital Improvements Project Plan. The 5-Year CIP Plan is itemized in the 2021 Annual Budget document and describes specific capital improvements that are planned to be designed and constructed between 2021 and 2025. The 5-Year CIP Plan is updated and adjusted each year by the Avon Town Council as part of the Annual Budget adoption process. 5-Year CIP Plan Expenditures and Use of Funds 2021 $7,591,998 2022 $4,271,868 2023 $2,704,791 2024 $3,333,443 2025 $3,413,284 TOTAL $21,315,384 Real Estate Transfer Tax | April 2021 FUTURE: 20-Year CIP Outlook The Engineering Department is establishing an inventory of all public infrastructure with indication of the remaining useful life and estimated cost for resurfacing, replacement, or reconstruction. Public Infrastructure Estimated Costs for Resurfacing, Replacement or Reconstruction Public Roads (23.77 miles)$15,830,474 Parking Lots $1,331,500 Avon Station and Main Street Mall $1,349,271 Bus Shelters $444,611 Buildings and Facilities $14,400,513 Streetlights, Signs, Trails and Guardrails $1,050,000 Parks and Landscaping $7,613,108 TOTAL OVER 20 YEARS $41,423,469 ANNUAL AMOUNT $2,071,173 Real Estate Transfer Tax | April 2021 Alternatives to RETT PROPERTY TAX Based on the 19 year average, Avon’s property tax would need to be increased by 14.82 mills to replace the revenue generated by RETT. Annual Property Tax w/ 14.82 mills $500k Residential property $ 529 $1 Million Residential property $1,058 $500k Commercial property $2,149 $1 Million Commercial property $4,298 SALES TAX Based on the 19 year average, Avon’s sales tax would need to be increased by 1.82%to replace the revenue generated by RETT. Sales Tax Rate in Avon to Replace RETT Existing Avon sales tax rate 4% Additional Avon sales tax to replace RETT 1.82% Eagle County sales tax rate 1.5% State of Colorado sales tax rate 2.9% TOTAL SALES TAX RATE 10.2% Real Estate Transfer Tax | April 2021 Alternatives to RETT Reduce Expenditures If Avon’s Real Estate Transfer Tax was repealed and no replacement revenues were enacted, then Avon would be required to reduce its expenditures by $2,900,000 per year. Such a reduction in expenditures would require a reduction in staff, reduction in town services and reduction in capital improvements and maintenance of existing public infrastructure. Other Alternatives There are countless other potential alternatives that could involve a combination of lowering the 2% real estate transfer tax rate, enacting other sources of revenue, and reducing expenditures. Analysis of other alternatives is beyond the scope of this RETT overview. Real Estate Transfer Tax | April 2021 Village (at Avon) Development Agreement Consequences of Reduced RETT A reduction or elimination of Avon’s RETT would likely result in a reduction of the corresponding Real Estate Transfer Fee in the Village (at Avon). Any consideration of reducing the RETT in Avon should include a thorough analysis of the financial consequences with the debt repayment and Town’s tax credit obligations associated with the Village (at Avon). Real Estate Transfer Tax | April 2021 Please send any questions or comments to info@avon.org Real Estate Transfer Tax | April 2021 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager RE: Avon Recreation Center Mural Project DATE: April 6, 2021 SUMMARY: This report outlines the approach, process, and design selection for the Avon Recreation Mural Project. The Mural Project is in the 2021 Approved Budget at $25,000. A written update was provided to Council at the February 23, 2021 Avon Town Council Meeting. There is no action required by Town Council. BACKGROUND: Avon Recreation Center Mural Project - The approach, not unlike other communities was to solicit a Call for Artists/Request for Proposal (RFP) providing guardrails for the artists around Project Intent, Design & Theme. The guardrails, outlined in the RFP, were thoroughly discussed, and fully supported by the CASE Committee during the January 21, 2021 meeting of the CASE Committee; see the FINAL CASE Committee Staff Report attached as Attachment A. On January 27th the RFP was issued through CAFÉ, a web-based platform reaching tens of thousands of artists. CAFÉ housed and catalogued the artist applications/submission, media inventory, Jury Panel score card and review comments, as well as artist communication. The RFP remained open through February 23rd. This resulted in 32 highly qualified submission from some of the most recognized muralists in the State of Colorado! a. There was a total of 31 applications submitted through the web-based platform CAFÉ by the entry deadline of February 23rd. And one (1) application submitted via email directly to the Administrator which was Danita Dempsey. b. The first round of individual jurying (review and scoring) in CAFÉ began on February 24th and was complete on March 2nd. i. The first round of scoring was a Yes, Maybe or No selection. ii. On March 2nd, the Jury Panel met via Zoom to review and discuss each application/submission. iii. This resulted is the advancement of six (6) applicants to the second round of jurying and moved 25 applicants to not invited status. iv. The Administrator called references of the top four (4) out of the six (6) advanced applicants to discuss (1) quality of projects (2) service/maintenance needs of projects (3) cooperation of Artist (4) expertise (5) technical feasibility; and (6) timeliness. A summary of each conversation was provided to the Jury Panel. c. The second round of individual jurying (review and scoring) in CAFÉ began on March 3rd and was complete on March 9th. i. The second round of scoring was 1 through 5; 1 = lowest score and 5 = highest score. The Jury Panel was instructed to refer to the Design & Theme, Project Intent, Overview, and Criteria for Art in the RFP to guide their scoring. 970-748-4065 ddempsey@avon.org ii. On March 9th, the Jury Panel met via Zoom to review and discuss each application/submission. iii. This resulted in the advancement of two (2) applicants to finalists and moved four (4) to not invited status. d. The two (2) applicants advanced to finalists were invited to refine their proposed design concepts by way of Jury Panel feedback by March 23rd. i. The Administrator called the two (2) finalists and provided the Jury Panel requested refinements/adjustments. ii. The refined designs were shared with the Jury Panel for review. e. Final Jury Panel review and discussion took place via Zoom on March 26th. i. During which ten (10) Jury Panel members voted for Pat Milbery and his design; and one (1) Jury Panel member abstained. ii. The near-final design is included as Attachment B. I am currently working with the artist to incorporate a few additional tweaks requested by the Jury Panel. iii. The desire is to install the mural the first two weeks in June. Jury Panel - A list of eleven (11) finely curated volunteers and staff severed as the Jury Panel, three of which have a diverse background and/or higher education in the fine art world and/or are experienced in service with the Town of Vail Art in Public Places Board. The Jury Panel worked cohesively through three rounds of jurying applications followed by 90 to 160 minutes of professional, friendly discussion and debate via Zoom on March 2nd, 9th and 26th. After each round of Jury Panel review and conversation, the Administrator summarized the Jury Panel conversation and provided next step instructions. I also participated as a Jury Panel member, and based on that experience, would estimate that each Jury Panel member spent approximately 90 minutes reviewing the applications for each of the three (3) rounds of the jury process. That’s approximately 54 hours of concentrated review followed by 2 hours, 38 minutes of conversation on March 2nd; 1 hour, 52 minutes on March 9th; and, 1 hour, 29 minutes on March 26th. The Jury Panel left no stone unturned! Below is a short bio on those Jury Panel members who are not employed by the Town or on the CASE Committee: a. Doe Browning – “I have been a Valley resident since 1999 and have a Bachelor of Fine Arts degree in Ceramics, Metals and Jewelry from Philadelphia College Arts (now University of the Arts) and a studio artist for many years. I served on the Town of Vail Art in Public Places Board for 8 years and was chairman for 5. My favorite valley art participation is as a two-time contestant in Project Funway (2nd place in 2015, 1st place in 2018) and as a judge (2019).” b. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art Painting at the University of Brighton in England (BA Hons), and a Masters of Arts 970-748-4065 ddempsey@avon.org Leadership and Cultural Management at Colorado State University (to be completed Summer 21). I have been the President of the Vail Valley Art Guild since December 2017, currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work at galleries across the US and Europe." c. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting with art classes as a child at the Cleveland Art Museum and studying more recently at the Denver Art Museum, Denver Art Students League and privately with numerous nationally known instructors, she is now a working artist. An extensive art collector, Ms. Nelson evaluated, bought, and sold paintings internationally starting in 2000. Today she is the Treasurer of the Vail Valley Art Guild.” d. Lindsay Hardy – CASE Committee and Avon Town Council Member e. Amy Phillips – CASE Committee and Avon Town Council f. Eric Heil – Town Manager g. Matt Pielsticker – Director of Community Development h. John Curutchet – Director of Recreation Center i. Danita Dempsey – CASE Manager j. Kathy Ryan – CASE Committee, Avon resident k. Ruth Stanley – CASE Committee, Avon resident FINANCIAL CONSIDERATIONS: The 2021 Approved Budget includes $25,000 for the Avon Recreation Center Mural Project. The project is currently on budget. Thank you, Danita ATTACHMENTS: ATTACHMENT A – FINAL CASE Committee Staff Report ATTACHMENT B – Near Final Mural Design Concept 970-748-4065 ddempsey@avon.org TO: CASE Committee FROM: Danita Dempsey, CASE Manager RE: Staff Update & Art Projects in Avon DATE: January 11, 2021 OPENING COMMENTS: In 2020, the CASE Committee laid the groundwork for a robust arts and special events season in 2021 and the next several years. We are monitoring the restrictions associated with the COVID-19 pandemic as we enter the tactics, timeline and execution phase for 2021. In February, we hope to present Milestone Dates or “Go, No-Go” dates which will trigger vendor and artist engagement, development of marketing and promotions collateral, etc. I will provide an update to the Committee during the February meeting. Additionally, I anticipate the CASE Committee focus to shift towards further developing our long-term goals, criteria and strategies for cultural, arts and special events. This shift is well timed as the Committee make- up will also change this year. Once again, I look forward to another exciting, and at times crazed, year working alongside each of you! SUMMARY: This report provides an update on (1) CASE Committee new Council member and terms, (2) new additions to the 2021 Special Events calendar; and, (3) temporary and/or permanent art installations budget, RFP, application and jury process for four (4) projects to include: 1.Avon Recreation Mural Project 2.Art Around Avon 3.Storm Drain Educational 4.Painted Benches; and, Specific to the Avon Recreation Mural Project, critical to the project success how we describe what we are looking for or the “guardrails”. This is done in the Overview, Design & Theme and Project Intent sections in the Artist Call Out/RFP; see pages 3 and 4 of this report. I offer these sections for specific conversation. Additionally, if time allows, I will present the Art in Avon inventory and project phase map created in Google Earth. STAFF UPDATE: 1.CASE Committee Members: Please join me in welcoming Councilor Lindsay Hardy to the Committee. Lindsay was a member of the Planning & Zoning Commission for nearly eight (8) years and will provide a fresh and unique perspective. On February 1st we have four (4) members whose term will be ending on February 1st – see Table 1 below. Therefore, the CASE Committee Member application will be released in the coming days with an application deadline of March 1st. ATTACHMENT A ***Note: Exhibits A, C, D and E are not included in this packet*** 970-748-4065 ddempsey@avon.org 2.2021 Special Events Calendar: There have been two additions to the 2021 Special Events Calendar since the November CASE Committee meeting; (1) Art Around Avon Walk; and, (2) Howard Allen Events. The Special Events Calendar attached as Exhibit A includes Option A and Option B scenarios. a.Art Around Avon Walk – Scheduled on June 4th is the “presentation” of the sculpture art to the community. Each selected artist will be asked to attend and “present” their selected work during a walking tour for the community. At either the beginning or end of the walking tour, we will host an artist reception at Town Hall and invite the community to engage with each artist. The installations will be on display in the Art Around Avon Program through May 2022. See below in Current Activity & Planning for more information on the Art Around Avon Program. b.Howard Allen Events - Produces art festivals in Virginia, Florida, Maryland, Pennsylvania and Colorado (Aspen, Telluride, Keystone and Frisco). They have produced the Beaver Creek Art Festival for the past 29 years. Howard Allen Events is looking to grow the two- day festival and believes Nottingham Park is the perfect venue to facilitate growth while maintaining close geographic and demographic ties with their Beaver Creek clientele. Additionally, since the festival has brand recognition and longevity, it is anticipated that Beaver Creek remain in the name of the festival in 2021; “Avon Festival of the Arts (formerly the Beaver Creek Art Festival).” i.“We are a full “turn-key” company. We have an in-house staff of dedicated professionals, including a publicist, media buyer, marketing director, and operations manager. Our staff works directly with our properties to create a flawless experience. We bring with us, not only talented artists, but a seasoned Member Term Start Date Term End Date Campos, Pedro 1 1-Jun-20 1-Feb-22 Cofelice, Chris 1 1-Jun-20 1-Feb-22 Denhart, Jason 1-Jun-20 1-Feb-21 Haley, Timothy1 1-Jun-20 1-Feb-21 Mattis, Lisa1 1-Jun-20 1-Feb-21 Ryan, Kathy1 1-Jun-20 1-Feb-22 Stanley, Ruth1 1-Jun-20 1-Feb-21 Phillips, Amy 1-Jun-20 1-Feb-23 Hardy, Lindsay 13-Jan-21 1-Feb-23 Table 1 CASE Committee Voting Members Appointment & Term Ex-Officio Non-Voting 1Denotes service on the sunset Ad Hoc Special Events Committee 970-748-4065 ddempsey@avon.org staff of show directors, show coordinators, and a cleanup crew. We carry a $3,000,000 liability insurance policy.” CURRENT ACTIVITY & PLANNING: EVERYTHING ART! 1.Art Installation Projects Budget: The 2021 proposed budget includes $45,000 for temporary and/or permanent art installations. Table 2 below identifies the current cost estimate for each project which I will continue to work towards gathering more accurate costs. Table 2 2021 Temporary / Permanent Art Installations Art Installation Cost Estimate Rec. Center Mural $ 24,000 Art Around Avon Program $ 19,790 Storm Drain Educational Art $ 1,500 Painted Benches $ 4,250 TOTAL $ 49,540 2.Avon Recreation Center Mural Project: As discussed in the September 2020 CASE Committee meeting, the Town is embarking on the planning and/or building phase for Nottingham Park improvements (cabin remodel, public restrooms, beach restrooms building) and eventually the west Main Street Mall (MSM) extension and Lot B hotel development. The Mural location will become a focal point and gateway to Nottingham Park. The recommended approach and not unlike other communities were to solicit an RFP / Artist Call Out providing guardrails around design and theme and require potentially multiple design iterations. The application, selection and jury process for the Mural project is more robust than the others listed above and may include an opportunity for citizens to comment outside of the Town Council forum. Critical to the success, community acceptance and appreciation of this project is the Overview, Design & Theme and Project Intent sections in the Artist Call Out/RFP. I have provided them below for discussion; the full Artist Call Out/RFP is attached as Exhibit B. a.Overview: The Recreation Center Mural Project (“Mural”) will help to establish a creative identity and spirit for the developing hardscape connection between the west end of the Main Street Mall and Harry A. Nottingham Park; the crowned jewel of the Town. The Mural will become a significant landmark, focal point, and gateway to Nottingham Park which inspires community, conversation and connection. Applicants may apply to design murals for one, two or all three walls although one artist for all three walls is preferred. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. 970-748-4065 ddempsey@avon.org The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a co mmunity, and points to its aspirations for the future. b.Design & Theme: The CASE Committee is seeking a design that will delight people with a unique and cheerful character representative of the mountain lifestyle. The theme could speak to the beauty of the area’s natural resources (Nottingham Park and Lake, Eagle River, native wildlife and/or plant/floral life – not including landscape scenery); cultural legacy (Salute to the USA signature event, AvonLIVE! concert series, bronze sculpture collection), historical preservation (Metcalf Cabin, Nottingham Ranch, water wheel and Bob the Bridge); or the future of our creative community and influences of our Latino cultural landscape. c.Project Intent: To create a significant landmark, focal point and gateway between the east entry to Nottingham Park and the Main Street Mall which inspires community, conversation, connection; and, identifies Avon as an a rt community. The selected artist is responsible for working with Town representatives on all aspects to include multiple iterations of design. 3.Art Around Avon Program: This program is modeled after the Art Around Town program in the Town of Carbondale which was presented to CASE during the September 2020 meeting. It is a mechanism for temporary installations throughout the Town core to be renewed each year with minimal investment from the Town. Additionally, the program delivers community vibrancy and placemaking, supports the art community and artist themselves with awareness, financial compensation, opportunity to sell works which includes a revenue share between the artist and the Town; and, speaks to both residence and destination guests. The Artist Call Out / Request for Proposals (RFP) was released through an on-line artist application, selection and jury process earlier this week. A selected group will jury the submissions through the on-line platform (CAFÉ) between March 15th and April 1st. The full timeline is provided in the RFP and attached as Exhibit C. Assuming this program will have the same success as Carbondale’s, it would become annual with artists call out beginning in November, deinstalls in late-May 2022 and re-installs at the beginning of June 2022. Each year the new selections are presented to the community through the Art Around Avon event supported by a walking-map which will available year-round. Through collaboration with Vail Valley Art Guild, Town Manager, Town Engineer and Community Development, nine (9) exhibition locations were identified for installations along Avon Road and E. Benchmark Road in 2021 (Phase 1), four (4) exhibit locations in 2022 (Phase 2) in West Nottingham Park; and, four (4) exhibit locations in 2023 (Phase 3) along the south side of 970-748-4065 ddempsey@avon.org Nottingham Lake and Metcalf Cabin. The total number of phased exhibition locations in the Art Around Avon program by June 2023 is 17. We will review selected exhibition locations for the installations during the presentation of the Art in Avon inventory map, if time allows. 4.Storm Drain Educational Art Installation: I was asked to participate alongside the Town Engineer and the Eagle River Water Shed Council to select locations and develop decals which adhere to hard-scape surfaces educating the public about storm drains and promote the health of our valuable natural waterways. The decals along with educational signage will be installed in early spring and removed in late fall; and, hopefully become a yearly program. I released an Artist Call Out / Request for Qualification and attached as Exhibit D, on November 30, 2020 which had a deadline of January 15th. Town Engineer and I are currently reviewing application submittals to determine artist selection and will provide an update to the Committee as needed. The Town of Vail has had tremendous success with their annual Storm Drain Education Program; photos of the decals in Vail are provided and attached as Exhibit E. We will review selected locations for the installations during the presentation of the Art in Avon inventory map, if time allows. 5.Painted Benches: The Town engaged a local artist to create designs and paint six (6) park benches in 2020. This project was completed in September and the benches are located along Avon Road and E. Benchmark Road. We would like to continue this project by adding four (4) new painted benches in summer of 2021. We will review selected locations for the installations during the presentation of the Art in Avon inventory map, if time allows Thank you, Danita ATTACHMENTS EXHIBIT A – 2021 Special Events Calendar EXHIBIT B – Artist Call Out / RFP Recreation Center Mural Project EXHIBIT C - Artist Call Out / RFQ Art Around Avon Program EXHIBIT D – Arts Call Out / RFP Storm Drain Educational Art Installation EXHIBIT E – Town of Vail Storm Drain Educational Decals NOT INCLUDED IN PACKET NOT INCLUDED IN PACKET NOT INCLUDED IN PACKET NOT INCLUDED IN PACKET Artist Call Out / Request for Proposal Avon Recreation Center Mural Project Page 1 of 4 CALL FOR ARTIST / REQUEST FOR PROPOSAL TOWN OF AVON RECREATION CENTER MURAL PROJECT for 2021 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists or artist teams to create an original mural or murals for the east facing exterior concrete block wall(s) of the Avon Recreation Center located on Mikaela Way. This is project of the Avon Town Council and Cultural, Arts & Special Events (“CASE”) Committee. Overview: The Recreation Center Mural Project (“Mural”) will help to establish a creative identity and spirit for the developing hardscape connection between the west end of the Main Street Mall and Harry A. Nottingham Park; the crowned jewel of the Town. The Mural will become a significant landmark, focal point, and gateway to Nottingham Park which inspires community, conversation and connection. Applicants may apply to design murals for one, two or all three walls although one artist or artist team for all three walls is preferred. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Design & Theme: The CASE Committee is seeking a design that will delight people with a unique and cheerful character representative of the mountain lifestyle. The theme could speak to the beauty of the area’s natural resources (Nottingham Park and Lake, Eagle River, native wildlife and/or plant/floral life – not including landscape scenery); cultural legacy (Salute to the USA signature event, AvonLIVE! concert series, bronze sculpture collection), historical preservation (Metcalf Cabin, Nottingham Ranch, water wheel and Bob the Bridge); or the future of our creative community and influences of our Latino cultural landscape. Project Intent: To create a significant landmark, focal point and gateway between the east entry to Nottingham Park and the Main Street Mall which inspires community, conversation, connection; and, identifies Avon as an art community. The selected artist is responsible for working with Town representatives on all aspects to include multiple iterations of design. Project Budget: Selected artist shall be paid up to a $10,000 stipend - See Table 1. The project budget is all-inclusive and must include all design fees, commercial liability insurance, all costs and materials for installation, including transportation, lodging and meals. The Town will clean and prime the site prior to installation. The Town shall provide a boom lift and/or scissor lift for no more than 15 consecutive days for all three (3) walls. Any additional days required by artist must be communicated in the artist proposal submission. EXHIBIT B Artist Call Out / Request for Proposal Avon Recreation Center Mural Project Page 2 of 4 Site Description: East facing exterior concrete block wall(s) of the Avon Recreation Center located on Mikaela Way. The site is high visibility (pedestrians, motorists, cyclists) and has unique characteristics. At the base of Wall A and Wall B, is a ramp at lower than ground level to the loading dock of the Recreation Center with many exterior utility features and doors. Additionally, Wall B has three windows of equal size; and, Wall C has one large window. See Attachment A. • Wall A: 34' Tall x 48' Wide | Sq. Footage = 1,632 • Wall B: 34' Tall x 35’2” Wide | Sq. Footage = 1,197 • Wall C: 26’ 75” Tall x 33’ 5” Wide | Sq. Footage 897 • Total Combined Sq. Ft. = 3,726 Eligibility: 1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2. All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3. Applicants must be able to complete work before June 15, 2021. 4. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Criteria for Art: 1. Quality – The consideration of highest priority is the inherent artistic excellence of the mural(s) artwork as well as representing a diverse range of appeal within the community. 2. Timelessness – Mural(s) will be viewed as a long-term acquisition that should have aesthetic relevance to the community in future years and reflect enduring artistic quality. 3. Site Compatibility & Appropriateness – Mural(s) must be appropriate in scale, material form and content for both the immediate and general, social and physical environment in which the Mural(s) will be placed. 4. Elements of Design – The consideration that the Mural(s) will serve to establish a significant focal point, define spaces, inspire community, conversation and connections, establish creative identity, and create a gateway, among other things. 5. Permanence & Safety – Consideration will be given to permanence, protection against vandalism, weathering and excessive maintenance and repair costs. Wall Tall Width Sq. Ft. % of Total Sq. Ft. Artist Stipend A 34' 48'1,632 43.80% 4,380$ B 34'35' 2" 1,197 32.10% 3,210$ C 26' 75" 33" 5"897 24%2,400$ Table 1 Artist Call Out / Request for Proposal Avon Recreation Center Mural Project Page 3 of 4 Artist Criteria: 1. Cooperation – Ability of the Mural artist(s) to work closely and cooperatively with CASE and Town staff. 2. Expertise - Demonstrates knowledge and experience of public mural art. 3. Presentation – Ability of the Mural artist(s) to clearly describe concepts verbally and through quality written materials. 4. Technical Feasibility - Ability of the Mural artist(s) to carry out the concepts described in the proposed Mural(s). 5. Timelines - Ability of the Mural artist(s) to deliver the mural art according to the agreed schedule. 6. Aesthetic Standard - CASE shall have the right to withhold recommending acceptance to Town Council of a Mural(s) until it clearly meets standards of artistic achievement agreed upon by most of the CASE members. Application & Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist applications and selection processes for the Mural Project. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Include 1 to 5 images of your proposed (Mural(s) design (sketches, digital design, mock-up). b. Project statement describing your approach and intention for the Mural (s). 3. References & Past Work: Three (3) relevant mural project references to include the following for each project: a. Main contact. b. Scope and description of project. c. Project budget. d. Project timeline. e. Project location. f. Minimum of three (3) digital images and maximum of eight (8) digital images. Anticipated Timeline: • Artist Call for entry: January 25, 2021 • Deadline for entry: February 22, 2021. • Proposed selection notification: March 22, 2021. • Installation of work: June 1 through June 15, 2021. • Completion of work: June 15, 2021 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Artist Call Out / Request for Proposal Avon Recreation Center Mural Project Page 4 of 4 Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Avon Recreation Center Mural | Site Description January 25, 2021 Avon Recreation Center Mural Project Attachment A: Site Description January 25, 2021 Danita Dempsey | Cultural, Arts & Special Events Manager Exhibit B CAvon Recreation Center Mural | Site Description January 25, 2021 Street View of all Three Walls Total Combined Sq. Ft. = 3,726 Wall C: 26’ 75” Tall x 33’ 5” Wide Sq. Ft. 897 Wall B: 34' Tall x 35’ 2” Wide Sq. Ft. 1,197 Wall A: 34' Tall x 48' Wide Sq. Ft. 1,632 CAvon Recreation Center Mural | Site Description January 25, 2021 Street View of Loading Dock Area Loading Dock Landing CAvon Recreation Center Mural | Site Description January 25, 2021 ATTACHMENT B 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Ordinance 21-06 DATE: April 4, 2021 SUMMARY: Ordinance 21-06 amends Chapter 13.04 of the Avon Municipal Code (the “Code”) to enforce water conservation of the Town’s water resources and water restrictions when required due to drought conditions. These Code amendments update and clarify the Town’s legal authority to enforce water restrictions in addition to the authority of the Upper Eagle Regional Water Authority (“Water Authority”) to so. The Town’s authority to restrict water usage during drought conditions is intended to be complimentary to the Water Authority to enable the Town, in cooperation with the Water Authority, to curtail and restrict non- compliant water usage during drought restrictions. BACKGROUND: The State of Colorado, including the Town of Avon, is in the midst of a twenty year drought with some of the most intense portions of the drought occurring within the last eighteen months.1 The current drought is the second worst 20-year period in the past 1,200 years.2 While the current conditions have yet to reach the depths of the severe winter drought of 1976-77 that sent shock waves through Colorado as ski slopes laid bare and reservoirs empty, increasing aridification poses a significant challenge to the long-term viability of the Town’s water resources. Addressing water shortages through water conservation is one method by which the Town can address the many challenges posed by persistent drought conditions. Since at least 1996, Chapter 13.04 of the Code has provided the Town with the authority to impose watering restrictions on residential and commercial property owners alike. However, the current Code does not fully recognize the Water Authority now controls the Town’s water system. In addition, the Eagle River Water and Sanitation District (the “District”), as administrator for the Water Authority, has promulgated Rules and Regulations for Water and Waste Water Service, which includes a Water Supply Response Plan (the “Response Plan”) to address drought issues. ANALYSIS: Ordinance 21-06 is drafted to conserve water for the protection of the Town’s water resources and protect the health and quality of the Eagle River while providing consistency with the Response Plan in order to minimize confusion and promote compliance with the Response Plan among Avon residents. Ordinance 21-06 incorporates the Response Plan by reference to establish new stages of restrictions that differ from those currently set forth in Chapter 13.04, as summarized and contrasted below. The General Manager of the District is responsible, pursuant to the Response Plan, for making the declaration of a Water Emergency and which level of response is appropriate. 1 https://www.drought.gov/states/colorado 2 https://yaleclimateconnections.org/2021/01/drought-stricken-colorado-river-basin-could-see-additional-20- drop-in-water-flow-by-2050/ Page 2 of 3 Ordinance 21-06/Response Plan Current Chapter 13.04 Level 1 Response – The goal of a Level 1 Response is to forestall an instream flow call. During a Level 1 Response, the Eagle River Water and Sanitation District and Upper Eagle Regional Water Authority will work to obtain a voluntary reduction in water usage by large irrigators of at least 15%, and will monitor customer water use by taking daily AMI readings and weekly meter readings. • Water usage will be limited to 10,000 gallons per week per SFE • No new special irrigation permits will be issued Level III – Drought conditions exist as determined by Council • Irrigation every other day based on address number • New lawns may be watered for 25 consecutive days • Vehicles may be washed with bucket and shut off nozzle • Swimming pools filled for repairs Level 2 Response – The goal of a Level 2 Response is to forestall an instream flow call. During a Level 2. Response, the Eagle River Water and Sanitation District and Upper Eagle Regional Water Authority will work to obtain a 25% voluntary reduction in water usage by larg irrigators, and take daily AMI readings and weekly meter readings. • Water usage will be limited to 5,000 per gallon per week per SFE limit. • Any outstanding special use permits will be rescinded. Level II – Severe drought conditions as determined by Council • Water use limited to in-home use and to such business use as is essential to the viability of the business, such as watering of outside stock at nurseries, greenhouses and stores. • No irrigation or other outside use shall be permitted. • Swimming pools shall not be refilled. Level 3 Response – A Level 3 Response recognizes that the area is in a severe Water Supply Emergency and all outdoor water use is prohibited and indoor water use is restricted. • Outdoor water use is not permitted, unless the Board of Directors authorizes exceptions. • Indoor water usage will be limited to 2,000 gallons per week per SFE Level I – Extreme emergency, such as plant failure, as determined by Town Manager • In home use only Page 3 of 3 While the Water Authority is able to impose fine for violations for the Response Plan, Ordinance 21-06 gives the Town Manager the authority to declare a violation of the Response Plan a nuisance and abate such nuisance as further provided in the nuisance section of the Code. In addition, any person deemed responsible for a violation of these provisions may be prosecuted in municipal court for a civil infraction subject to a civil fine of not more than $2,650.00 plus costs, damages and expenses, the amount of the fine and the charging of costs, damages and expenses to be in the discretion of the Court. FINANCIAL CONSIDERATIONS: There is no financial impact to the Town. RECOMMENDATION: Staff recommends adoption of Ordinance 21-06 on first reading. PROPOSED MOTION: “I move to approve on First Reading Ordinance 21-06, amending certain portions of Chapter 13.04, and setting a public hearing for second reading on April 27, 2021.” Paul Wisor ATTACHMENTS: Ordinance 21-06 Ord. 21-06 Water Restrictions [4/4/21] Page 1 of 4 ORDINANCE 21-06 Amending Chapter 13.04 of the Avon Municipal Code Pertaining to Water Use Restrictions and Incorporating Article XI of the Eagle River Water & Sanitation District’s Rules and Regulations WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes (“C.R.S.”), and the Town's Home Rule Charter; and, WHEREAS , the Town currently receives water se rvice from the Upper Eagle Regional Water Authority (the “Authority ”); and WHEREAS , the Town currently receives waste water service from the Eagle River Water & Sanitation District (the “District”); and WHEREAS, these administrative responsibilities of the Authority and the District are performed by the District, by which administrative and operations personnel implement these rules and regulations for both the Authority and the District; and WHEREAS, the Town has consulted with experts and understands that the Western Slope of Colorado is in a drought cycle and it appears that it will remain in such cycle for the foreseeable future; and WHEREAS, the District has adopted a Water Supply Response Plan to address drought conditions pursuant to those certain 2017 Rules and Regulations for Water and Waste Water Service, last update February 25, 2021; and WHEREAS, the Water Supply Response Plan outlines guidelines to manage the regional water supply and water use during times of actual or anticipated water shortages; and WHEREAS, the primary goals of this Water Supply Response Plan are to maximize the available water supply, reduce water use, and optimize streamflow’s when necessary to protect the environment and preserv e the health of the stream; and WHEREAS, if the General Manager of the District determines a declaration of a Water Supply Emergency is appropriate due to low river flows, or impairment of the water supply quantity and/or quality, the General Manager of the District may implement one of three levels of response depending on the severity of the situation; and WHEREAS, the Town wishes to be proactive in its efforts to address the drought cycle and be consistent with the Authority and the District in such efforts so as to avoid confusion among Avon residents and promote responsible water use to the greatest extent possible; and Ord. 21-06 Water Restrictions [4/4/21] Page 2 of 4 WHEREAS , Section 31-16-202, C.R.S. provides a municipality may enact any ordinance which adopts by reference any statute, rule, regulation, or standard adopted by the federal government or the state of Colorado, or by any agency of either of them, solely by referring to such statute, rule, regulation, or standard in the text of such ordinance; and WHEREAS, the Town Council of the Town of Avon finds and determines that the Town's Municipal Code should be revised as hereinafter set forth; and, WHEREAS , approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Code Amendments. Chapter 13.04 Sections 120-150 of the Avon Municipal Code are hereby repealed and reenacted in their entirety to read as follows (Sections following shall be renumbered accordingly upon codification): CHAPTER 13.04 USE OF WATER SYSTEM Section 13.04.120 – Water Supply Response Plan The Town hereby adopts incorporates by reference the Water Supply Response Plan contained in Article XI of the 2017 Rules and Regulations for Water and Wastewater Service for the Eagle River Water Sanitation District, as amended (the “Response Plan”). Section 13.04.130 – Water Supply Response Plan - Nuisance (a) No person shall perform any act or acts constituting a violation of the Response Plan , and such violations shall constitute a nuisance under Chapter 8.24 , nor shall any person create, keep, maintain or allow, or cause to be created, kept, maintained or to exist any violation of the Response Plan, which violation shall constitute a nuisanc e within the Town under Chapter 8.24. (b) The Town Manager or any person specifically authorized by the Town Manager shall investigate into every violation of the Response Plan within the Town, and the Town Manager shall have the power to abate such nuisance as further set forth in Chapter 8.24 . Section 13.04.140 – Violations, Penalties and Civil Infractions. (a) Any person violating any of the provisions of the Chapter shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code. Any remedies provided for in this Section shall be cumulative and not exclusive and shall be in addition to any Ord. 21-06 Water Restrictions [4/4/21] Page 3 of 4 other remedies provided by law. The imposition of any penalty under this Chapter shall not preclude the Town or affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this Chapter. (b) Every person violating any provision of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion of a day during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code. Section 2. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 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 sever able. 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 take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Counsel 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 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. 21-06 Water Restrictions [4/4/21] Page 4 of 4 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. 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 April 13, 2021 and setting such public hearing for April 27, 2021 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado, or by virtual meeting as may be conducted under public health orders. BY: ATTEST: ____________________ ____________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 27, 2021. BY: ATTEST: ____________________ ____________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: _______________________ Paul Wisor, Town Attorney 970-748-4023 cmcwilliams@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: David McWilliams, AICP, Town Planner RE: PUBLIC HEARING - MJR20006 –– Major Development Plan Lot 1 Riverfront Subdivision – 42 Riverfront Lane DATE: April 7, 2021 STAFF REPORT OVERVIEW: This Staff report contains one application (the Application) for consideration by the Town Council: Major Development Plan (MJR) with Design Review for 13 townhome units around a pool deck, with a parking garage. This is Phase I of a two Phase project located at 42 Riverfront Lane. Application Type: Major Development Plan Property Address: 42 Riverfront Lane Property Zoning: PUD Property Size: 1.7 Acres Applicant/Property Owner Name: EW Riverfront East Investor, LLC SUMMARY OF REQUEST: Jim Telling, representing EW Riverfront East Investor, LLC (the Applicant), proposes a new development on Lot 1. This is the first of a two (2) phase project. Phase I —which is the subject of this Application—proposes the development of 13 townhome units in four buildings: a duplex, a triplex, and two fourplexes. Phase II will include a 40-unit condo building on top of the underground parking garage to be constructed as part of phase I. These phases will be the final development for the Riverfront PUD. Town Council is instructed to view this Application as a stand-alone, and complete design review of this phase only. Of the four (4) townhome buildings proposed, three (3) are 3 stories and two (2) present themselves as 2 stories from the pool deck. The other is 2 stories. Unit Stories From Pool 1-4 3 2 5-7 3 2 8-9 3 3 10-11 2 2 12-13 2 2 Roof forms are abutting shed or disjointed gables. While the final phasing proposes two (2) primary entry points along Riverfront Lane, only the garage entry facing east will be built in phase I and the garage area facing north (future check-in area) will be built in phase II. The property is zoned Planned Unit Development (PUD) and allows the uses proposed in this Application. PROCESS: Major Development Plan applications within the Riverfront PUD are reviewed in a public hearing by the Planning and Zoning Commission (PZC), with a recommendation given to Town Council for final review and decision. The Town Council review and decision requires a public hearing. Staff Review & Recommendation PUBLIC HEARING Planning & Zoning PUBLIC HEARING Town Council Page 2 of 9 PZC HEARING: The PZC voted unanimously to recommend approval of the item, with several conditions, listed below: 1. A stormwater quality plan will be approved by Staff before issuing a building permit; 2. Temporary parking design for the area north of Lot 1 is required before issuing a building permit; 3. An irrigation plan is required to be approved by Staff before issuing a building permit; 4. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees; 5. An on-site materials mockup will be presented for final review of building materials and colors before issuing a building permit; and 6. The following will be presented for Town Council review: a. Description of deed restricted housing b. Fence and guardrail materials and clarification above the garage c. A revised landscape plan delineating the landscaped areas of phase I, temporarily seeded grass areas, and the landscaped areas of phase II d. mountable curbs should only be in the vicinity of the dumpster The Applicant presents Attachment C as a response to the items for Town Council review. The Applicant is still preparing the drawings for the new temporary parking areas. This will be processed as a Minor Development Plan and will likely require a License Agreement through Town Council because the property is owned by the Town. A description of deed restricted housing is included in the phase II project information, scheduled for the April 27, 2021 Town Council hearing. Fence and guardrail materials are described as metal black paint. Landscaping clarifications show the delineation of the two areas for review. The mountable curbs are limited to two locations and approved by Town Engineer Justin Hildreth. PUBLIC NOTICE: Notice of the public hearing was published in the March 26, 2021 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is not required. Guardrail Design. Mountable curb for access to the dumpster is indicated in yellow. Page 3 of 9 PROPERTY DESCRIPTION: Lot 1 is 1.7 acres located on the east side of the Riverfront PUD. The PUD includes overall dwelling unit and site coverage requirements that span the entire PUD (Attachment E). PLANNING ANALYSIS: Lot Coverage, Setback and Easements: Lot 1 has the following building envelope and easements: Front Side (west) Back (Eagle River) 10’ 0’ 75’ Building Height: The maximum building height permitted for this property is 105’ and the Application includes buildings between 31’-7” and 43’. Additionally, there is a height step-back requirement of 55’ that includes the southern edge of the townhomes, and this Application is compliant. The hatched line within the buildings shows the 55' step-back line. Deed Restricted Housing: The Riverfront PUD requires that Lot 1 include two (2) units of over 1,000 square feet to be deed restricted to residents of the County. These units will be included in phase II of the project “as a condition of receiving any certificate of occupancy” per the PUD. The phase II narrative mentions the units but does not identify which units will be restricted. DESIGN STANDARDS ANALYSIS: The PUD has its own Design Standards, which are elaborated on when Page 4 of 9 applicable. In cases where the PUD is silent, ADC standards preside. Parking: Per the PUD, the 13-unit development requires a total of 1.2 parking space per unit, with a 15% reduction for 14 total and the Application includes 33 spaces, all within the garage. Staff is unsure how the 33 spaces will be used for phase II. Projects with over 25 parking spaces are required to provide bicycle parking facilities at a rate of one (1) bicycle parking space for every ten (10) vehicle parking spaces per ADC Sec. 7.28.020(j). The Applicant proposes eight (8) bike parking spaces on the north side of the project, near the northern garage entry. Electric Vehicle parking is required per ADC Sec. 7.28.020(g)(2)(iv) and the garage plan demonstrates compliance with the regulation. A new design for short-term parking on Riverfront Lane is suggested before any closure of the current short-term parking area related to building on Lot 1 occurs. If only phase I is built, the garage will be a freestanding parking structure occupying more than 30% of the street frontage. ADC language for parking garages is included below and prohibits this amount of street frontage. A visual description of the garage treatment with only phase I is included as Attachment B. It demonstrates that the garage will be approximately 2-3 feet above road grade on the western side of the development and be higher traveling east. As the first of a phased project, staff does not feel that subsection (ii) applies but seeks transparency about the language. Even if phase II were not stated, staff expects a treatment commensurate with the product being sold. (1) Multi-Family Developments: (i) Garage entries, carports, parking areas and parking structures shall be internalized in building groupings or oriented away from street frontage. (ii) Parking areas and freestanding parking structures (detached garages or carports) shall not occupy more than thirty percent (30%) of each perimeter public street frontage of a multi-family development. (iii) Above-grade parking structures that are visible from perimeter public streets shall be sited so that the narrow end of the parking structure is perpendicular to the perimeter street. (iv) Detached garages and carports shall incorporate compatible materials, scale, colors, architectural details and roof slopes similar to those of the primary multi-family buildings. (v) Rear walls of detached garages over forty (40) feet in length that back onto the perimeter street or adjacent property lines shall be articulated through the use of window openings or other similar techniques. Landscaping & Irrigation: The total landscape area proposed is 25,439 square feet, or 34.3% of the total area of Lot 1. 1,676 Landscape Units are proposed, primarily of blue spruce, fir, bristlecone pine, aspen, maple, several deciduous shrub species, ornamental grasses, and ground cover. The Landscape Units or area totals were not calculated between phase I and II. A delineation line showing the landscaped area of phase I, which areas will be temporarily seeded with grasses, and what will be installed for phase II, is included in Attachment C. The Applicant has not proposed an irrigation plan, and hydrozones are not expressly demarcated. The Applicant states that the landscape plan has been prepared to meet the LEED Gold standard, therefore anticipates an intense focus on water conservation practices. Staff suggests that the Application can be approved with the condition that a satisfactory irrigation plan is presented and approved by staff prior to implementation. The PUD Development Plan states, “The 75-foot river setback will be largely left in its natural state”. It is currently disturbed and includes a pedestrian trail connecting the Eagle Valley Trail to Riverfront Lane. Staff is comfortable with the improvements (existing trail) within the setback. Page 5 of 9 Building Design, Building Materials and Colors: The primary exterior building materials are stone veneer, stained wood siding, cementitious stucco, and metal windows and doors. Materials and colors were reviewed for conformance with the PUD Development Plan and determined to comply with the design standards. All materials are of high quality and compliment Avon’s built landscape. A color and material board is included with the elevations of the units, and a physical copy is at the Avon Recreation Center. Shade Analysis: Per the PUD, a shade analysis is required. For phase I only, Staff has no comment. Roof Material and Pitch: The Applicant proposes primarily 2:12 composite roof pitches, with secondary standing seam metal roofs at 2:12, conforming with the PUD Design Standards. Potential solar panel locations are marked, per Building Code Sec. 15.26.050. Snow Removal: The Riverfront property is responsible for its own snow removal, both internally and along Riverfront Lane. Several snow storage areas along the sidewalk area are proposed, complying with ADC minimums of 20%. Exterior Lighting: The proposed exterior building lighting (Attachment D) are flat full cutoff sconces. The locations and brightness comply with ADC requirements. Fences: There is a 5-foot metal fence around the pool area and a 4-foot guard rail between the pedestrian paths on the west of the project. A metal guardrail fence design is detailed for the areas bordering and connecting Phase 1 and Phase 2 above the parking garage (Attachment C). Retaining Walls: There are rock retaining walls between unit 4 and 5 and others flaring out of the buildings, perpendicular to the river. All other walls are proposed as cement, some with stone caps, mostly interacting with stairways and parking areas. The PUD speaks to a more “organic” walkway closer to the River, and this Application achieves that goal. Page 6 of 9 Internal Connectivity: The PUD states, “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 the Riverfront Village should encourage a pedestrian-friendly environment.” This Application creates a strong east-west connection along the north side of phase I and several north-south connections. There is a duplicative pedestrian pathway, pictured to the left, to the west of units 8-11 and on Lot 2. The differing ownership and control of the two properties necessitates the redundancy. MAJOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(f), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The Application complies with the applicable purposes outlined in the Development Code. Purpose (f) states, “Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality.” 2. Evidence of substantial compliance with §7.16.090, Design Review; Staff Response: The Design Review section seeks quality development and structures that are visually harmonious with the site and the surrounding vicinity. Conformance with this code section is discussed below and in Staff Analysis. 3. Consistency with the Avon Comprehensive Plan; Staff Response: The site is located in the Riverfront District (District 2 in the Comprehensive Plan), which states, “Visibility from U.S. Highway 6, protection and enhancement of the riparian environment along the Eagle River, and appropriate public access along the river should be taken into consideration with all development.” Select district principles are elaborated below, with Staff responses: • Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning, architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of structure to preserve the character of the river and its associated natural habitat. • 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. • Minimize the loss of trees and impact to the riparian area while achieving urban design goals. The scale and design detail of the buildings do not dominate the site and is in scale with the river setting. The building height is subordinate to Town Center and the buildings step down with the naturally sloping topography. The impact to existing vegetation is minimal. Other general Goals and Policies are listed below: Goal A.1: Promote a compact community form. Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and cohesive neighborhoods that contribute to the Town’s overall character and image. Goal B.4: Encourage commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and Page 7 of 9 services. Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Staff finds consistency with the form, cohesion, compatibility, and housing types offered in this project. 4. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The Application was reviewed for the requirements accompanying the PUD Development Plan and the Avon Development Code and found to be consistent with them. 5. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: The analysis contained in this Staff report addresses all applicable ADC standards. 6. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: All special services are well established in the subdivision. Pertinent fire protection, water and wastewater requirements have been coordinated with the special districts serving the property. §7.16.090(f), Design Review Criteria 1. The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: Staff finds that design of the buildings compliments the surrounding Riverfront community in form and function. Page 8 of 9 2. The design meets the development and design standards established in this Development Code; and Staff Response: Staff finds the Application in compliance with the D evelopment and D esign Standards contained in the ADC. 3. The design reflects the long-range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Applicable adopted plans include the Avon Comprehensive Plan, provisions of the ADC, and the PUD Design Standards. The design has been evaluated for conformance with these plans and Staff has determined the proposed design meets the requirements. COUNCIL OPTIONS: • Approve the Application; • Continue the Application to a date certain; • Table the Application; or • Deny the Application RECOMMENDED MOTION FOR APPROVAL: “I move to approve Case #MJR20006, an application for Major Design and Development Plan for Lot 1 Riverfront Subdivision, together with the Findings and Conditions as recommended by staff.” Findings: 1. The Application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code and the PUD Design Standards; 2. The Application is complete; 3. The Application provides sufficient information to allow the PZC to determine that the Application complies with the relevant review criteria; 4. The Application complies with the goals and policies of the Avon Comprehensive Plan; and 5. The design relates the development to the character of the surrounding community. Conditions: 1. A stormwater quality plan will be approved by staff before issuing a building permit; 2. A new design for short-term parking on Riverfront will be implemented before any closure of the current short-term parking area related to building on Lot 1; 3. An irrigation plan is required to be approved by Staff before issuing a building permit; and 4. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. ATTACHMENTS: A. Application Narrative and Development Plans B. Phase 1 Garage Exhibit C. Additional Exhibits D. Lighting Cut Sheets E. PUD Tracker F. PUD LINKS: Page 9 of 9 Comprehensive Plan Avon Development Code Thank you, David McWilliams 970-748-4023 cmcwilliams@avon.org ONE RIVERFRONT TOWNHOMES Major Development Plan Application (Phase 1) Application Narrative Submitted: Lot 1 | Riverfront Village PUD February 19, 2021 Attachment A A. INTRODUCTION The applicant and owner EW Riverfront East Investor, LLC is hereby submitting a Major Development Plan application to the Town of Avon for Phase 1 of the Lot 1 Riverfront Planned Unit Development (PUD) and Subdivision. Henceforward, Phases 1 and 2 of the project are referenced as “One Riverfront,” with Phase 1 referenced as “One Riverfront Townhomes.” The legal description of the property is as follows: Lot 1, Riverfront Subdivision; and the physical address is 42 Riverfront Lane, Avon, Colorado, 81620. The enclosed application is for Phase 1 of the project. One Riverfront is proposed on Lot 1, the easternmost of the seven lots that compromise the Riverfront PUD. First adopted in 2006, the Riverfront PUD has been developed incrementally since that time. Lots 2 and 3 were developed first between 2006 and 2008, resulting in the Westin Riverfront Hotel and Spa, and Westin Residences. Between 2016 and 2020 Lots 4 and 5 were developed as the Riverfront Lodge and Townhomes respectively, with the Riverfront Lodge complete except for landscaping, which will take place in spring 2021. Lots 6 and 7 at the far west end of the PUD are under construction as the Riverfront Residences with a targeted completion of fall of 2021. Upon completion of both Phases 1 and 2, One Riverfront will accomplish the full build-out of the Riverfront PUD as Avon’s premiere residential and hospitality neighborhood. As the last parcel to be built-out, One Riverfront will anchor the eastern end of the Riverfront PUD and be an important landmark for the west Town Center district of Avon. One Riverfront has been conceived to fit within the overall neighborhood. The proposed architecture and landscape design for One Riverfront is complementary to the overall style of Riverfront while introducing special elements responsive to its site and program opportunities. B. PROJECT OVERVIEW The Lot 1 property is 1.7 acres in area. It is surrounded by the Eagle River to the south, Riverfront Lane to the north and 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. Avon Road to the east and the Union Pacific Railroad corridor to the north are other important adjacencies influencing the layout of the project. The Major Development Plan for One Riverfront calls for the eventual development of fifty- three (53) units total on Lot 1 in two phases. Organized around a south-facing central pool amenity space, thirteen (13) units are proposed in Phase 1 as 2–to-3 story townhomes (One Attachment A Riverfront Townhomes). Subsequent to this project, forty (40) units are proposed in Phase 2 as a future 7-story condominium building (One Riverfront Condominiums). One Riverfront Townhomes: The One Riverfront Townhomes represent Phase 1 of the overall project and are comprised of thirteen (13) townhome units within 4 buildings (duplex, triplex, and fourplex configurations) organized around a common pool deck. One fourplex varying between 2- and 3 stories is located along the west side of the lot adjacent to the Westin. One 2-story duplex is located along the east edge of the lot along Riverfront Lane. A 3-story triplex and a 3-story fourplex are located along the southern edge of the property, overlooking the Eagle River and creating a view corridor for the pool area and units to the north. These river units enjoy expansive views to Beaver Creek and the Eagle River to the south. The Townhomes will be serviced by an underground parking garage that sits below the future Condominium Building, and can be entered from Riverfront Lane to the east. The four buildings form a courtyard space with heated pool, 3 hot tubs, and hardscape. The total project floor area is approximately 37,000 SF. The architectural character of the Townhomes is one which acts as a “good neighbor” to the Westin and the entire Riverfront neighborhood, through the use of similar roof forms and massing, along with complementary colors and exterior finish materials, including: stone veneer to anchor the buildings to the site, stained wood siding, cementitious architectural panels, expressed glu- lam structure, metal-clad windows and doors, composite shingles, and standing seam metal roofs. The Townhomes will be certified LEED Gold and the team is studying the possibility of introducing sustainability initiatives that will propel the project beyond this metric. One Riverfront Condominiums: Phase 2 of the project is the One Riverfront Condominiums, which is a 40-unit condominium building at the north end of the site. This project will be submitted to the Planning and Zoning Commission at a future date. C. CONFORMANCE TO THE RIVERFRONT PUD The development plan aims to 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. The development plan has been prepared to be consistent with the dimensional limitations and design guidelines established by the Riverfront PUD guide. The proposed thirteen (13) Attachment A current units and future forty (40) units fall within the overall allowable density per the Riverfront PUD. The overall density of the project is thirty-one (31) dwelling units per acre. The proposed development plan respects setbacks and easements established by the original PUD in 2006 and recorded amendments in 2017 and 2019. The amendments honor the town’s 75-foot riparian stream setback, and the open space and recreation corridor previously established by the Riverfront Village remains intact. No variances from the PUD and the Town’s Development Code are proposed nor anticipated in association with the application. The only potential deviation is regarding the 5,000 square foot maximum of permanently irrigated landscape area allowed. The landscape design for One Riverfront as currently proposed includes 7,594 square feet of permanently irrigated landscape area. The 2,594 square feet in excess is proposed to effectively landscape all four sides and central area associated with the proposed buildings, to screen private spaces, complement the architecture, and integrate the overall project into the Riverfront subdivision and west Town Center. The proposed landscape design otherwise applies the principles of xeriscape to achieve a water-conserving landscape that meets the requirements of LEED Gold certification. Additionally, there is no irrigated sod proposed for the project and any green space near the pool deck will be comprised of artificial turf. D. SITE CACULATIONS, HEIGHT, BULK, AND MASS The following are key statistics regarding the proposed development including site calculations and key dimensional measurements. Total Lot 1 area: 74,030 SF Building Footprint Area: 28,474 SF (38.5% of Lot 1 Area) Paved Area (Heated): 7,355 SF (9.9% of Lot 1 Area) / 253 SF in Riverfront Ln ROW Paved Area (Unheated): 7,712 SF (10.4% of Lot 1 Area) Total Impervious Area: 44,541 SF (60.2% of Lot 1 Area) Landscape Area: 25,439 SF (34.4% of Lot 1 Area) Building Heights: Townhome Buildings: maximum height to the tallest point on the roof: Units 1, 2, 3, and 4 maximum height is 43’-0” Units 5, 6 and 7 maximum height is 42’-10” Units 8, 9, 10, and 11 maximum height is 40’-1” Units 12 and 13 maximum height is 31’-7” Attachment A E. LANDSCAPE, SITE ELEMENTS, AND SITE AMENITIES One Riverfront seeks to fit within the overall character of the Riverfront PUD and integrate into the natural context and setting along the Eagle River. Strategic landscaping and distribution of exterior amenities and uses throughout the project site create an environment for residents to enjoy the outdoors. The landscape and irrigation are designed to conform to the Town’s standards and also meet a LEED Gold certification. The approach is to create an attractive landscape using drought-tolerant adaptable plants, organized by watering zones and coordinated with an automated irrigation system using efficient emitters and micro-spray heads. Landscaping is proposed to help ground the building, screen utilities, and provide privacy where needed. Certain areas receive greater landscape emphasis based on location and prominence within the site as appropriate. Landscape calculations for One Riverfront are as follow: Total proposed landscape area: 24,439 SF or 34.4% of the Lot 1 area Total irrigated area: 7,594 SF or 30.0% of the proposed landscape area Total spray irrigated area: 1,167 SF or 15.3% of total irrigated area Total drip irrigated area: 6,427 SF or 84.7% of total irrigated area Temporary irrigated area: 9,568 SF (for revegetation seeded areas) Exterior amenities include the pool deck, pool and spas, internal sidewalks, perimeter sidewalk, and connection to the regional recreation path along the Eagle River. The pool is proposed as a family pool with areas both for play and relaxation. Three hot tub spas are proposed with two potentially connected to the pool and one located at the southeast corner of the pool deck. F. PARKING Parking for the One Riverfront Townhomes is proposed within a 1-story underground garage. The garage is 18,103 square feet in area and provides thirty-three (33) spaces for the thirteen (13) units. It applies the parking requirement of 1.2 parking spaces per unit and a 15% reduction per the PUD parking requirements for Lot 1. Two ADA spaces are provided, one standard ADA space and one van ADA space. The garage also includes 5 Spaces that are EV- capable, 4 spaces that are EVSE-ready, and 2 spaces that are EVSE-installed. The access from Attachment A the underground garage to the Townhomes is from the east and south sides of the garage, along Riverfront Lane and within the courtyard. Temporary short-term parking for the Westin hotel that currently occurs along the northern edge of Lot 1 is being replaced by the Westin hotel in other areas of Riverfront Lane that have been coordinated with Town representatives. These new temporary short-term parking areas are shown on the overall Riverfront Site Illustrative for reference. These improvements will be submitted as a separate application by the Westin Hotel in direct association with the One Riverfront proposal. - END OF NARRATIVE - Attachment A Attachment A Attachment A EXISTING CONDITIONS SURVEY © 2020 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL T112.18.2020ONE RIVERFRONT Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A RIVE R F R O N T L A N E AVON ROADRIVE R F R O N T L A N E WATE R F R O N T W A Y LOT 6 LOT 5 LOT 3 LOT 2 LOT 1 FUTURE PARKING FUTURE WESTIN SHUTTLE DROP-OFF RIVER EASTRIVER WEST POOL WEST POOL EAST LOT 7 E A G L E R I V E R ECO-TrailECO-Trail WESTIN HOTEL WESTING RIVERFRONT MOUNTAIN VILLAS GONDOLA RIVERFRONT LODGE LOT 4 RIVERFRONT TOWNHOMES RIVERFRONT RESIDENCES FUTUREONE RIVERFRONTCONDOMINIUMS 1 R1 R2 R3 R4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Legend Completed Buildings Buildings Under Construction One Riverfront Townhomes North Not to Scale 12 13 1234567 8 9 10 11 ONE RIVERFRONTTOWNHOMES © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 103.16.2021ONE RIVERFRONT OVERALL ILLUSTRATIVE PLAN Unit Type Unit Qty. Total SF Townhomes 13 37,000 ONE RIVERFRONT TOWNHOMES DEVELOPMENT SUMMARY Totals 13 37,000 Attachment A North Scale: 1” = 20’ 0 20’10’40’ © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 203.16.2021ONE RIVERFRONT ILLUSTRATIVE SITE PLAN Attachment A North Scale: 1” = 20’ 0 20’10’40’ © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 303.16.2021ONE RIVERFRONT LANDSCAPE PLAN PLANT BED (MULCH) GROUND COVER EXISTING TRAIL (ASPHALT) WESTIN HOTEL AVON RDENTRY ARTIFICIAL TURF ENTRY EXISTING CURB LINE PROPOSED CONC SIDEWALK (REF CIVIL) PROPOSED PLANTING STRIP (MULCH) PROPERTY LINE EXISTING SIDEWALK ADA RAMP WAYFINDING SIGN GARAGE ENTRY / EXIT FLUSH CONC CURB GATE RETAINING WALL W/ STONE CAP AND VENEER EMERGENCY GENERATOR PAD 6' HT WOOD FENCE GATE PROPOSED ELEC TRANSFORMER (REF CIVIL) RIDGE COOLING TOWER VENT (4) BIKE RACKS REF 9 / L5.1 COLORED CONC STEPS (3) - 6" RISERS NATIVE SEED MULCH PLANT BED MULCH PLANT BED MULCH PLANT BED NATIVE SEED PERENNIALS GROUND COVER PROPOSED SIDEWALK NATIVE SEED 8" CONC EDGE RESTRAINT PLANT BED (MULCH) GROUND COVER 50' BUILDING HEIGHT SETBACK (50' MAX HT SOUTH OF THIS LINE / 105' MAX HT NORTH OF LINE ) UTILITY AND DRAINAGE EASEMENT (REAR SETBACK) WESTIN GARAGE EASEMENT EXISTING ELEC TRANSFORMER TO REMAIN EXISTING WESTIN LOADING DOCK ENTRANCE PROPOSED CURB AND GUTTER REF CIVIL EXISTING FIRE HYDRANT TO BE RELOCATED (REF CIVIL) CONC PARKING GARAGE RAMP (HEATED) EXISTING SIDEWALK CONC SIDEWALK REF CIVIL EXISTING SIDEWALK CONC APRON (UNHEATED) REF CIVIL EGRESS DOOR EXISTING CONC STEPS AND WALL TO REMAIN EXISTING CONC PATH EXISTING CONC PATH (TO REMAIN) COLORED CONC STEPS REF 8 / L5.1 10' BUILDING SETBACK TRENCH DRAIN (BELOW) WAYFINDING SIGN DUMPSTER PICKUP AREA (TEMPORARY STORAGE LOCATION ON TRASH PICKUP DAY) CONCRETE BLOCK WALL (2.5' HT) MFR: ROSESTTA PRODUCT: KODAH REF 6 / L5.1 CURB AND GUTTER (REF CIVIL) VEHICULAR PAVERS (80MM) SAND SET W / 5" CONC SUB-SLAB (HEATED) BOLLARD LIGHT, TYP BOLLARD LIGHT, TYP REF LIGHTING PLANS BOLLARD LIGHT, TYP 5' HT METAL POOL SECURITY FENCE W / 4" VERT PICKETS DECK (ABOVE) LIMIT OF WORK (PATH EDGE) LIMIT OF WORK LIMIT OF WORK EXISTING ROAD (ASPHALT) MOUNTABLE CURB REF CIVIL BOLLARD LIGHT, TYP REF LIGHTING DWGS GARAGE FOUNDATION WALL COLORED CONC STEPS (HEATED) REF 8 / L5.1 COLORED CONC POOL DECK (HEATED) COLORED CONC STEPS REF 8 / L5.1 MOUNTABLE CURB REF CIVIL COLORED CONC STEPS REF 8 / L5.1 WESTIN GARAGE WALL (BELOW) DECK (ABOVE)COLORED CONC PATIOS, TYP DECK (ABOVE) COLORED CONC PATIOS, TYP COLORED CONCRETE SIDEWALK W / THICKENED SLAB EDGE ALONG WEST SIDE ADJACENT TO BLOCK WALL COLORED CONC ACCESS RAMP (ADA ACCESSIBLE) DECK (ABOVE) EXISTING ELEC EASEMENT PROPERTY LINE EXISTING RETAINING WALL 3" X 18" SANDSTONE POOL COPING (2) CONC STEPS EXISTING BOLLARD LIGHTS TO REMAIN PLANT BED (MULCH) STEPPING STONE PATHS, TYP (3" FLAGSTONE) CONC EGRESS STEPS REF CIVL / STRUCT EDGING, TYP EXISTING CONC DRAINAGE PAN AND APRON TO REMAIN EDGING, TYP EDGING, TYP ENTRY STEPS RELOCATED WESTIN BBQ PATIO BOULDER WALL (HT VARIES / 4' MAX) RE-LOCATE EXISTING BOLLARD LIGHT BOULDER WALL (HT VARIES / 4' MAX) INTERIOR GARAGE RAMP (2) CONC STEPS 6" STEP AT THRESHOLD 6" STEP AT THRESHOLD (2) CONC STEPS (2) CONC STEPS (2) CONC STEPS 6" STEP AT THRESHOLD 6" STEP AT THRESHOLD EGRESS DOOR 6" STEP AT THRESHOLD BLDG WALL BELOW EDGING, TYP GATEGATE ROOF LINE (ABOVE) 1 1 5 .0 'AASHTO ( 2 0 mph ) RIDGE RIDGE 79.6 RIDGE 7 1 . 1 RIDGE 71.5RIDGERIDGERIDGE 71.3RIDGESPA 3 7.5' x 9' BLDG ENTRY GARAGE ENTRY EXIT ONE RIVERFRONT CONDOMINIUMS FFE LOBBY = 7440.0 FFE GARAGE = 7428.0 BLDG ENTRY RIV E R F R O N T L A N E 1 234567 8 9 10 11 12 13 POOL EAST TH FFE = 7440.0 RIVER EAST TH FFE GROUND LVL = 7440.0 FFE BASEMENT = 7429.0 RIVER WEST TH FFE GROUND LVL = 7440.0 FFE BASEMENT = 7429.0 POOL 24' x 41.5'SPA 28' x 21SPA 1 8' x 18' POOL WEST TH FFE = 7440.0 BOULDER WALL BOULDER WALL (HT VARIES / 4' MAX) ROOF LINE (ABOVE) ROOF LINE (ABOVE) DECORATIVE LANDSCAPE BOULDERS SYMBOL LEGEND: PROPOSED SPOT ELEVATION BOLLARD LIGHTS (REF LIGHTING DWGS TYPE) EXISTING TREE TO BE PRESERVED QTY (29) BUILDING ENTRY MULCH 11,601 SF RIVER ROCK COBBLE MULCH 217 SF (1" MULTI-COLORED) EXISTING TREE TO BE REMOVED QTY (37) LIMIT OF WORK NATIVE SEED 9,568 SF ARTIFICIAL TURF 593 SF PRODUCT: SYNAUGUSTINE 347 MFR: SYNLAWN 168 80 48 180 119 63 133 40 46 TOTAL LU FOR TREES = 831 (50%) TOTAL LU FOR SHRUBS = 514 (31%) 35 61 22 11 15 6 29 7 16 44 17 84 23 40 58 PLANT LEGEND: EVERGREEN TREES DECIDUOUS TREES SHRUBS BLUE SPRUCE (14' HT) QTY - 21 Picea pungens 'Gluaca' DOUGLAS FIR (12' HT) QTY - 10 Pseudotsuga menziesii BRISTLECONE PINE (10' HT) QTY - 4 Pinus aristata MULTI-STEM ASPEN (3" CAL / 14' HT) QTY - 17 Populus tremuloides ROCKY MTN GLOW MAPLE (3" CAL) QTY - 9 Acer grandidentatum 'Schmidt' MUGO PINE (6' HT) QTY - 30 Pinus mugo var. rostrata WOODS ROSE (15 GAL) QTY - 46 Rosa woodsii MORDEN GOLDEN GLOW ELDERBERRY (15 GAL) QTY - 35 Sambucus racemosa 'Morden Golden Glow' RED TWIG DOGWOOD (15 GAL) QTY - 61 Cornus sericea 'Baileyi' TIGER EYES SUMAC (15 GAL) QTY - 22 Rhus typhina 'bailtiger' COMMON LILAC (15 GAL) QTY - 15 Syringa vulgaris 'Andeken an Ludwig Spaeth' FRAGRANT SUMAC (15 GAL) QTY - 6 Rhus aromatica HARRISON'S YELLOW ROSE (15 GAL) QTY - 29 Rosa x harisonii 'Harrisons Yellow' GAMBEL OAK (15 GAL) QTY - 7 Quercus gambellii SERVICEBERRY (15 GAL) QTY - 16 Amelanchier alnifoila BLUE MUFFIN VIBURNUM (15 GAL) QTY - 44 Viburnum dentatum 'Blue Muffin' GOOSEBERRY (15 GAL) QTY - 17 Ribes aureum ORANGE ROCKET BARBERRY (15 GAL) QTY - 84 Berberis thunbergii 'Orange Rocket' DIABOLO NINEBARK (15 GAL) QTY - 23 Physocarpus opulifolius 'Diabolo' MONTGOMERY SPRUCE (3' HT) QTY - 40 Picea pungens 'Montgomery' COMMON JUNIPER QTY - 11 Juniperus communis var. depressa CRUSADER COCKSPUR HAWTHORN QTY - 19 (3" CAL) Crataegus crus-gali inermis "Crusader' NANKING CHERRY (6' HT / Multi-stem) QTY - 10 Prunus tomentosa LANDSCAPE UNIT QTY (TREES) LANDSCAPE UNIT QTY (Shrubs) RUSSIAN SAGE QTY - 58 Perovskia atriplicifolia 215 115 1 TOTAL LU GRASSES / PERENNIALS = 331 (19%) PERENNIALS MIXED SPECIES (1 GAL) 1,167 SF NATIVE SEED - MONTANE MEADOW MIX 9,568 SF APPLICATION RATE: 30 LBS / ACRE GROUND COVER ORNAMENTAL GRASSES LANDSCAPE UNIT QTY FEATHER REED GRASS (5 GAL) QTY - 115 Calamagrostis acutiflora 'Karl Forester' BLUE AVENA GRASS (5 GAL) QTY - 215 Helictotrichon sempervirens MIXED SPECIES PLANTS 1,194 SF (SEE GC PLANT LIST) F15 FLATS SCALE: 1"=20' 11/13/19 0 10' 20' 40' RIVERFRONT VILLAGE AVON, CO IRRIGATION AREA CALCULATIONS LANDSCAPE AREA PROVIDED 25,439 SF 34.3 % LOT 1 AREA TOTAL IRRIGATED AREA 7,594 SF 30.0 % OF LANDSCAPE AREA SPRAY AREA 1167 SF 15.3 % OF TOTAL IRRIGATED AREA DRIP AREA 6,427 SF 84.7 % OF TOTAL IRRIGATED AREA NOTES: 1. ALL TREE AND SHRUB PLANT BEDS ARE TO RECEIVE A MINIMUM OF 3" DEPTH OF BARK MULCH. 2. ALL DISTURBED OR RE-GRADED AREAS TO BE RE-VEGETATED WITH A NATIVE WILDFLOWER AND GRASS SEED MIX. 3. IRRIGATION SYSTEM TO BE MOISTURE SENSOR AUTOMATED AND TIME CLOCK OPERATED. SHRUBS, TREES, AND PERENNIALS TO BE DRIP OR MICRO SPRAY TYPE IRRIGATION. 4. NATIVE SEED AREAS SHALL BE TEMPORARY IRRIGATED FOR AND ESTABLISHMENT PERIOD OF TWO YEARS. TREES AND SHRUBS WITHIN THE NATIVE SEED AREAS SHALL HAVE PERMANENT DRIP IRRIGATION. 5. SILT FENCE OR HAY BALES ARE TO BE PLACED AT THE LIMIT OF CONSTRUCTION AS NEEDED TO PREVENT EROSION AND SEDIMENTATION. A CONSTRUCTION FENCE WILL BE PLACED AT THE LIMIT OF DISTURBANCE WHERE THE SILT FENCE OR HAY BALES ARE NOT USED. GROUNDCOVER PLANT LIST: Scientific Name Common Name Delosperma 'Fire Spinner and Mesa Verde' Ice Plant Galium odoratum Sweet Woodruff Lysimachia nummularia 'Aurea'Creeping Jenny PERMANENT IRRIGATION 1167 SF PERENNIALS (ENTIRE AREA) 1194 SF GROUND COVER PLANTS (ENTIRE AREA) 1920 SF (120) TREES X 16 SF EACH 2570 SF (514) SHRUBS X 5 SF EACH 743 SF (330) GRASSES X 2.25 SF EACH 7,594 SF TOTAL TEMPORARY IRRIGATION (SPRAY OR ROTORS) 9,568 SF NATIVE SEED AREA IRRIGATED AREA CALCULATIONS TOTAL LANDSCAPE UNITS = 1,676 ONE RIVERFRONT LANDSCAPE PLAN Attachment A North Scale: 1” = 20’ 0 20’10’40’ © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 403.16.2021ONE RIVERFRONT SITE PLAN EXISTING TRAIL (ASPHALT) WESTIN HOTEL AVON RDENTRY ARTIFICIAL TURF ENTRY 16'-6"3'-7"6'-6"28'-0"EXISTING CURB LINE PROPOSED CONC SIDEWALK (REF CIVIL) PROPERTY LINE EXISTING SIDEWALK 16'-3 "8'-6"ADA RAMP WAYFINDING SIGN GARAGE ENTRY / EXIT FLUSH CONC CURB GATE RETAINING WALL W/ STONE CAP AND VENEER EMERGENCY GENERATOR PAD 6' HT WOOD FENCE GATE PROPOSED ELEC TRANSFORMER (REF CIVIL) RIDGE COOLING TOWER VENT (4) BIKE RACKS REF 9 / L5.1 COLORED CONC STEPS (3) - 6" RISERS PROPOSED SIDEWALK 8" CONC EDGE RESTRAINT 50' BUILDING HEIGHT SETBACK (50' MAX HT SOUTH OF THIS LINE / 105' MAX HT NORTH OF LINE ) UTILITY AND DRAINAGE EASEMENT (REAR SETBACK) WESTIN GARAGE EASEMENT EXISTING ELEC TRANSFORMER TO REMAIN EXISTING WESTIN LOADING DOCK ENTRANCE PROPOSED CURB AND GUTTER REF CIVIL EXISTING FIRE HYDRANT TO BE RELOCATED (REF CIVIL) CONC PARKING GARAGE RAMP (HEATED) EXISTING SIDEWALK CONC SIDEWALK REF CIVIL EXISTING SIDEWALK CONC APRON (UNHEATED) REF CIVIL EGRESS DOOR EXISTING CONC STEPS AND WALL TO REMAIN EXISTING CONC PATH EXISTING CONC PATH (TO REMAIN) COLORED CONC STEPS REF 8 / L5.1 10' BUILDING SETBACK TRENCH DRAIN (BELOW) WAYFINDING SIGN DUMPSTER PICKUP AREA (TEMPORARY STORAGE LOCATION ON TRASH PICKUP DAY) CONCRETE BLOCK WALL (2.5' HT) MFR: ROSESTTA PRODUCT: KODAH REF 6 / L5.1 CURB AND GUTTER (REF CIVIL) VEHICULAR PAVERS (80MM) SAND SET W / 5" CONC SUB-SLAB (HEATED) BOLLARD LIGHT, TYP BOLLARD LIGHT, TYP REF LIGHTING PLANS BOLLARD LIGHT, TYP 5' HT METAL POOL SECURITY FENCE W / 4" VERT PICKETS DECK (ABOVE) LIMIT OF WORK (PATH EDGE) LIMIT OF WORK LIMIT OF WORK EXISTING ROAD (ASPHALT) MOUNTABLE CURB REF CIVIL BOLLARD LIGHT, TYP REF LIGHTING DWGS GARAGE FOUNDATION WALL COLORED CONC STEPS (HEATED) REF 8 / L5.1 COLORED CONC POOL DECK (HEATED) COLORED CONC STEPS REF 8 / L5.1 MOUNTABLE CURB REF CIVIL COLORED CONC STEPS REF 8 / L5.1 WESTIN GARAGE WALL (BELOW) DECK (ABOVE)COLORED CONC PATIOS, TYP DECK (ABOVE) COLORED CONC PATIOS, TYP COLORED CONCRETE SIDEWALK W / THICKENED SLAB EDGE ALONG WEST SIDE ADJACENT TO BLOCK WALL COLORED CONC ACCESS RAMP (ADA ACCESSIBLE) DECK (ABOVE) EXISTING ELEC EASEMENT PROPERTY LINE EXISTING RETAINING WALL 3" X 18" SANDSTONE POOL COPING (2) CONC STEPS EXISTING BOLLARD LIGHTS TO REMAIN STEPPING STONE PATHS, TYP (3" FLAGSTONE) CONC EGRESS STEPS REF CIVL / STRUCT EDGING, TYP EXISTING CONC DRAINAGE PAN AND APRON TO REMAIN EDGING, TYP EDGING, TYP ENTRY STEPS RELOCATED WESTIN BBQ PATIO BOULDER WALL (HT VARIES / 4' MAX) RE-LOCATE EXISTING BOLLARD LIGHT BOULDER WALL (HT VARIES / 4' MAX) INTERIOR GARAGE RAMP 6" STEP AT THRESHOLD EGRESS DOOR BLDG WALL BELOW EDGING, TYP GATEGATE ROOF LINE (ABOVE) RIDGE RIDGE 79.6 RIDGE 7 1 . 1 RIDGE 71.5RIDGERIDGERIDGE 71.3RIDGESPA 3 7.5' x 9' BLDG ENTRY GARAGE ENTRY EXIT ONE RIVERFRONT CONDOMINIUMS FFE LOBBY = 7440.0 FFE GARAGE = 7428.0 BLDG ENTRY RIV E R F R O N T L A N E 1 234567 8 9 10 11 12 13 POOL EAST TH FFE = 7440.0 RIVER EAST TH FFE GROUND LVL = 7440.0 FFE BASEMENT = 7429.0 RIVER WEST TH FFE GROUND LVL = 7440.0 FFE BASEMENT = 7429.0 POOL 24' x 41.5'SPA 28' x 21SPA 1 8' x 18' POOL WEST TH FFE = 7440.0 BOULDER WALL BOULDER WALL (HT VARIES / 4' MAX) ROOF LINE (ABOVE) ROOF LINE (ABOVE) SYMBOL LEGEND: PROPOSED SPOT ELEVATION BOLLARD LIGHTS (REF LIGHTING DWGS TYPE) EXISTING TREE TO BE PRESERVED QTY (29) BUILDING ENTRY VEHICULAR PAVERS 1906 SF (80mm / HEATED) REF 1 / L5.1 PEDESTRIAN PAVERS 1,282 SF (80mm / HEATED) REF 1 / L5.1 GRAY CONCRETE 2,348 SF (UNHEATED) REF CIVIL FOR DETAIL COLORED CONCRETE (UNHEATED / COLOR TBD) 6,098 SF REF 4 & 5 / L5.1 HEATED CONCRETE 4,167 SF RIVER ROCK COBBLE MULCH 217 SF (1" MULTI-COLORED) ARTIFICIAL TURF 593 SF PRODUCT: SYNAUGUSTINE 347 MFR: SYNLAWN LIMIT OF WORK DECORATIVE LANDSCAPE BOULDERS SNOW STORAGE 9,088 SF SCALE: 1"=20' 2/17/21 0 10' 20' 40' RIVERFRONT VILLAGE AVON, CO ONE RIVERFRONT Site Plan SITE CALCULATIONS: Total Lot 1 Area = 74,030 SF Building Footprint Area: 28,474 SF (38.5% of Lot 1 Area) Paved Area (Heated): 7,355 SF (9.9% of Lot 1 Area) / 253 SF IN RF LANE R.O.W Paved Area (Unheated) 7,712 SF (10.4% of Lot 1 Area) Landscape Area: 25,439 SF (34.4% of Lot 1 Area) Snow Storage Area: 9,088 SF (118% of Uheated Paved Area) BUILDING TYPE UNITS PARKING CALCULATONS TOWNHOMES 13 Units 1.2 Per Unit = 14 Off Street Spaces 13 Total Units 16 Off Street Spaces Required -2 (15% Reduction Per PUD) 14 Total Off Street Spaces Required NOTE: Parking for Townhomes is located in future Condo building garage. Reference Garage Level plans for parking layout. NOTES: 1. SNOWMELTED AREAS WILL BE HYDRONICALLY HEATED 2. ALL DISTURBED OR RE-GRADED AREAS TO BE RE-VEGETATED WITH A NATIVE WILDFLOWER AND GRASS SEED MIX. 3. REFERENCE ARCH ELEVATIONS FOR BLDG HEIGHT AND ROOF LINE ELEVATIONS 4. REFERENCE CIVIL DRAWINGS FOR SLOPE AND TURNING RADII INFORMATION 5. SILT FENCE OR HAY BALES ARE TO BE PLACED AT THE LIMIT OF CONSTRUCTION AS NEEDED TO PREVENT EROSION AND SEDIMENTATION. A CONSTRUCTION FENCE WILL BE PLACED AT THE LIMIT OF DISTURBANCE WHERE THE SILT FENCE OR HAY BALES ARE NOT USED. Attachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL503.16.2021ONE RIVERFRONTGARAGE LEVEL (+88)FLOOR PLANPUD Requirements:13 Townhome Spaces (1.2/ Unit x 15% Reduction)14 Spaces Required33 Parking Spaces Shown89101112131415161820765431BPQRTAACCDDNJ19D17LKKMM2UCR446TRASH ROOM01222STAIR030ELEV002ELEV001STAIR032LINEAR TRENCH DRAINEXISTING WESTIN FOUNDATIONCOOLING TOWER011SPFDWATER SERVICE ENTRY AREA AND BOLLARDS030A032A010A010B012A011A16x16 LOUVER, REF MEP DWGS24x36 LOUVER, REF MEP DWGSNOTE: PROVIDE 36" HM DOOR AND GRAME W/ TEMPORARY STEEL STAIR, 44 INCHES WIDE, 10 RISERSNOTE: PROVIDE 36" HM DOOR AND GRAME W/ TEMPORARY STEEL STAIR, 44 INCHES WIDE, 10 RISERSPARKINGGARAGE +88'-0"(33 PARKINGSPACES)010LOBBY016016A016A19' - 0"9' - 10"23' - 8"10' - 0"3' - 0"2' - 6"13' - 6"19' - 0"19' - 0"19' - 0"19' - 0"19' - 0"26' - 7 1/2"11' - 9"8' - 6"18' - 0"3' - 6"26' - 6"15' - 0"3' - 0"10' - 0"26' - 7 1/2"EE5' - 6"10' - 6"4' - 0"15' - 0"18' - 6"12' - 6"CA66' - 0"18' - 0"30' - 0"18' - 0"123456789101112131415161718192021222324252627282930313233132CONDO ANDPOOL MECHPOOL, ABOVEMECH / IT RMELEVSTORAGELOCKERS (40LOCKERS)022TOA EV Requirements:33 x 15% = 5 Spaces EV Capable33 x 10% = 4 Spaces EVSE Ready33 x 5% = 2 Spaces EVSE InstalledAttachment A UPUPDN© 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL603.16.2021ONE RIVERFRONT9. 10111213 UNITS 1/2/3/4 (RIVER EAST)FLOOR + ROOF PLANS1/8” = 1’-0”RIVER LEVEL FLOOR PLAN1,175 SF (GROSS)TOTAL | 3,113 SF1/8” = 1’-0”POOL LEVEL FLOOR PLAN1,172 SF (GROSS)1/8” = 1’-0”UPPER LEVEL FLOOR PLAN766 SF (GROSS)1/8” = 1’-0”ROOF PLANPRIMARYBEDROOM(18’-0” x 12’-0”)STAIRPRIMARYCLOSET(13’-7” x 5’-1”)PRIMARY BATH(13’-5” x 10’-0”)BEDROOM 2(11’-5” x 11’-10”)BEDROOM 3(13’-11” x 12’-7”)BATH 3(13’-11” x 5’-11”)BATH 4(13’-11” x 5’-7”)BONUS ROOM(13’-11” x 12’-10”)OWNERSTORAGESTORAGESTAIRMECHOFFICE(10’-10” x 11’-4”)DINING(10’-9” x 11’-5”)LIVING(15’-1” x 18’-8”)KITCHEN(10’-10” x 16’-9”)STAIRPOWDER(8’-0” x7’-8”)ENTRY(5’-9” x 11’-9”)“OUTDOOR GREAT ROOM”(25’-9” x 6’-6”)3:122:122:12AREA FORPV PANELSAREA FORPV PANELSAREA FORPV PANELS2:12LINEN2:122:122:122:122:12FLAT ROOFBELOWFLAT ROOFBELOWFLAT ROOFBELOWFLAT ROOFBELOWFLAT ROOFBELOW2:122:122:122:122:122:12DECK BELOWDECK BELOWDECK BELOWDECK BELOWMETAL STANDINGSEAM4’-0”2’-0”4’-0”2’-0”4’-0”27’-3”27’-3”43’-0”47’-0”27’-3”31’-3”LINENTERRACECOATSLAUNDRYAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTALMATERIAL LEGENDstanding seam metal roof(berridge charcoal grey)ggwood siding:horizontal cedarggchannel lap sidingwood metal-clad windows(“dark bronze”)composite shingles(timberline UHD)pgpgstone veneer:adhered thinstonemountain ledge sandstonecementitious stuccoﬁ ber cement panels(nichiha illumination series)pp703.16.2021ONE RIVERFRONTUNITS 1/2/3/4 (RIVER EAST)EXTERIOR ELEVATIONSSOUTH (RIVER) ELEVATION 1/8” = 1’-0” EAST ELEVATION WEST ELEVATION 1/8” = 1’-0” EXPOSED TIMBER STRUCTURE EXPOSED TIMBER STRUCTURE FIBER CEMENT PANELS (ILLUMINATION) EXPOSED TIMBERSTRUCTURE STANDING SEAM METAL ROOF STANDING SEAM METAL ROOF STUCCO STUCCO COMPOSITESHINGLES COMPOSITE SHINGLES WOOD SIDINGSTONEVENEERSTONEVENEERSTONEVENEERWOOD SIDINGSTUCCONORTH (POOL) ELEVATION 1/8” = 1’-0” STONEVENEEREXTERIOR LIGHT FIXTURESTUCCO EXPOSED TIMBER STRUCTURE FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) METAL-CLADWOOD WINDOWSMETAL AND WOODGUARDRAILSWOOD AND METAL GUARDRAILSMETAL-CLADWOOD WINDOWS+100POOL LVL+111UPPER LVL+89RIVER LVL +100POOL LVL+111UPPER LVL+89RIVER LVL WOOD TRIM METALPANEL METALPANEL+131.5+131.5PROPOSED EXTERIOR FIXTURENTSEXTERIORLIGHT FIXTUREWOOD SIDING31’-6”43’-0”43’-0”43’-0”+100.0 = 7440.0’ ELEVATION ABOVE SEA LEVELAttachment A UPUPDNDN© 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL803.16.2021ONE RIVERFRONTUNITS 5/6/7 (RIVER WEST)FLOOR + ROOF PLANS1/8” = 1’-0”RIVER LEVEL FLOOR PLAN1,175 SF (GROSS)TOTAL | 3,113 SF1/8” = 1’-0”POOL LEVEL FLOOR PLAN1,172 SF (GROSS)1/8” = 1’-0”UPPER LEVEL FLOOR PLAN766 SF (GROSS)1/8” = 1’-0”ROOF PLANLINENBEDROOM 4(13’-3” x 10’-6”)TERRACEOWNERSTORAGEBATH 3(13’-3” x 5’-11”)BEDROOM 3(13’-3” x 11’-0”)BEDROOM 2(11’-5” x 11’-10”)STORAGESTAIRMECHPRIMARYBATH(14’-1” x 10’-0”)PRIMARYCLOSET(14’-1” x 6’-11”)PRIMARYBEDROOM(18’-1” x 12’-0”)STAIRDINING(10’-9” x 11’-5”)LIVING(15’-1” x 18’-8”)KITCHEN(10’-10” x 16’-9”)BATH 2(8’-0” x10’-8”)ENTRY(5’-0” x8’-3”)OFFICE(10’-11” x11’-4”)STAIR“OUTDOOR GREAT ROOM”(25’-9” x 10’-0”)LAUNDRY3:122:122:12AREA FORPV PANELSAREA FORPV PANELS27’-1 1/2”47’-0”27’-1 1/2”43’-0”27’-1 1/2”31’-3”2:122:122:122:12FLAT ROOFBELOWFLAT ROOFBELOWFLAT ROOFBELOW2:122:122:12DECK BELOWDECK BELOWMETAL STANDINGSEAM2:12DECK BELOW2:124’-0”2’-0”4’-0”2’-0”4’-0”BATH 4(13’-3” x 5’-7”)COATSLINENAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTALMATERIAL LEGENDstanding seam metal roof(berridge charcoal grey)ggwood siding:horizontal cedarggchannel lap sidingwood metal-clad windows(“dark bronze”)composite shingles(timberline UHD)pgpgstone veneer:adhered thinstonemountain ledge sandstonecementitious stuccoﬁ ber cement panels(nichiha illumination series)pp903.16.2021ONE RIVERFRONTMUNITS 5/6/7 (RIVER WEST)EXTERIOR ELEVATIONSSOUTH (RIVER) ELEVATION 1/8” = 1’-0” EAST ELEVATION WEST ELEVATION 1/8” = 1’-0” NORTH (POOL) ELEVATION 1/8” = 1’-0” EXPOSED TIMBER STRUCTURE EXPOSED TIMBER STRUCTURE STANDING SEAM METAL ROOF STUCCO COMPOSITE SHINGLES COMPOSITE SHINGLES STONEVENEERSTONEVENEERWOOD SIDINGSTUCCO1/8” = 1’-0” EXPOSED TIMBER STRUCTURE STANDING SEAM METAL ROOF STUCCO WOODSIDINGSTONEVENEERSTONEVENEERWOOD SIDINGSTUCCO EXPOSED TIMBER STRUCTURE FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) +100POOL LVL+111UPPER LVL+89RIVER LVL +100POOL LVL+111UPPER LVL+89RIVER LVL METAL-CLADWOOD WINDOWSWOOD AND METAL GUARDRAILSMETAL AND WOODGUARDRAILSMETAL-CLADWOOD WINDOWSMETAL-CLADWOOD WINDOWS METALPANELMETAL PANEL METALPANELPROPOSED EXTERIOR FIXTURENTS+100.0 = 7440.0’ ELEVATION ABOVE SEA LEVEL+131.331’-4”42’-10”42’-10”+131.3EXTERIORLIGHT FIXTUREEXTERIORLIGHT FIXTUREAttachment A UPUPDNUPDNDN1213 © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1003.16.2021ONE RIVERFRONTUNITS 8/9/10/11 (POOL WEST)FLOOR + ROOF PLANS1/8” = 1’-0”POOL LEVEL FLOOR PLAN3 STORY UNIT:1,132 SF (GROSS)TOTAL | 2,942 SF1/8” = 1’-0”LIVING LEVEL FLOOR PLAN1/8” = 1’-0”UPPER LEVEL FLOOR PLAN3 STORY UNIT:806 SF (GROSS)1/8” = 1’-0”ROOF PLANOWNERSTORAGEBEDROOM 4(12’-4” x 11’-6”)BEDROOM 3(12’-6” x 11’-11”)STORAGESTAIRBATH 3(12’-6” x 5’-11”)BATH 2(12’-6” x 5’-11”)ENTRY(5’-10” x12’-11”)BEDROOM 2(11’-1” x 10’-7”)KITCHEN(11’-1” x 15’-10”)LIVING(16’-4” x 16’-5”)DINING(11’-6” x 8’-3”)BEDROOM 5(13’-1” x 11’-9”)STAIRPRIMARYBATH(10’-6” x 11’-4”)PRIMARYBEDROOM(12’-10” x 14’-4”)BANQUETTE(11’-0” x 7’-4”)LIVING(16’-10” x17’-11”)KITCHEN(11’-1” x 15’-10”)STAIRPRIMARYCLOSET(10’-6” x 10’-2”)POWDER(3’-6” x 10’-2”)“OUTDOOR GREAT ROOM”(26’-6” x 10’-0”)“OUTDOOR GREAT ROOM”(24’-2” x 10’-0”)PRIMARYBATH(11’-10” x 13’-10”)PRIMARYBEDROOM(13’-0” x 15’-4”)PRIMARYCLOSET(11’-1” x 8’-3”)STAIR2 STORY UNIT:1,132 SF (GROSS)TOTAL | 2,455 SF3 STORY UNIT:1,004 SF (GROSS)2 STORY UNIT:1,323 SF (GROSS)POOLTERRACELAUNDRY2:122:122:12AREA FORPV PANELS2:122:122:12FLAT ROOFBELOWFLAT ROOFBELOW4:124:12DECK BELOWMETAL STANDINGSEAMDECK BELOW2:124’-0”2’-0”4’-0”DECK BELOWAREA FORPV PANELS2:122’-0”7’-6”26’-7 1/2”52’-0”26’-7 1/2”45’-0”28’-7 1/2”43’-2”26’-7 1/2”37’-8”MECHCOATS3/4 BATH(13’-9” x 6’-2”)LAUNDRY(5’-4” x 4’-9”)LOFT(8’-6” x 15’-11”)Attachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTALMATERIAL LEGENDstanding seam metal roof(berridge charcoal grey)ggwood siding:horizontal cedarggchannel lap sidingwood metal-clad windows(“dark bronze”)composite shingles(timberline UHD)pgpgstone veneer:adhered thinstonemountain ledge sandstonecementitious stuccoﬁ ber cement panels(nichiha illumination series)pp1103.16.2021ONE RIVERFRONTUNITS 8/9/10/11 (POOL WEST)EXTERIOR ELEVATIONSEAST (POOL) ELEVATION 1/8” = 1’-0” COMPOSITE SHINGLES COMPOSITESHINGLES NORTH ELEVATION 1/8” = 1’-0” SOUTH ELEVATION 1/8” = 1’-0” EXPOSED TIMBER STRUCTURE EXPOSED TIMBER STRUCTURE STANDING SEAM METAL ROOF STUCCO STUCCO WOOD SIDINGWOOD SIDINGWOOD SIDINGSTANDING SEAM METAL ROOF EXPOSED TIMBER STRUCTURE STONEVENEERSTONEVENEERSTONEVENEERWEST ELEVATION 1/8” = 1’-0” 1/8” = 1’ 0”EXPOSED TIMBER STRUCTURE STANDING SEAM METAL ROOF STUCCO WOOD SIDINGSTONEVENEER+111LIVING LVL+122UPPER LVL+100POOL LVL +111LIVING LVL+122UPPER LVL+100POOL LVL FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) WOOD-CLADMTL WINDOWSMETAL AND WOODGUARDRAILSMETAL-CLADWOOD WINDOWSEXTERIORLIGHT FIXTUREMETAL-CLADWOOD WINDOWSWOOD AND METAL GUARDRAILSMETALPANELMETALPANELPROPOSED EXTERIOR FIXTURENTS+100.0 = 7440.0’ ELEVATION ABOVE SEA LEVELMETAL-CLADWOOD WINDOWSEXTERIORLIGHT FIXTURE40’-1”+139.640’-1”+139.640’-1”Attachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1203.16.2021ONE RIVERFRONTUNITS 12/13 (POOL EAST)FLOOR + ROOF PLANS1/8” = 1’-0”POOL LEVEL FLOOR PLAN1,202 SF (GROSS)TOTAL | 2,485 SF1/8” = 1’-0”LIVING LEVEL FLOOR PLAN1,283 SF (GROSS)1/8” = 1’-0”ROOF PLANPRIMARYBATH(9’-6” x 12’-5”)PRIMARYBEDROOM(13’-1” x 12’-5”)PRIMARY CLOSET(11’-5” x 8’-5”)STAIRBANQUETTE(12’-0” x 7’-3”)LIVING(14’-4” x 17’-3”)KITCHEN(13’-7” x 19’-1”)“OUTDOOR GREAT ROOM”(28’-6” x 10’-0”)BEDROOM 3(14’-1” x 12’-5”)BEDROOM/OFFICE(13’-2” x 12’-6”)BATH 3(6’-0” x12’-5”)BATH 2(13’-2” x6’-0”)OWNERSTORAGE(6’-6” x 5’-5”)STAIRBEDROOM 2(13’-2” x 11’-5”)ENTRY(9’-2” x7’-0”)PORCHMECH2:122:12COATSAREA FORPV PANELSDECK BELOWDECK BELOW4’-0”2’-0”4’-0”4’-6”29’-1”50’-0”26’-9”47’-6”4’-6”4’-4”LAUNDRY(6’-10” x5’-8”)Attachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTALMATERIAL LEGENDstanding seam metal roof(berridge charcoal grey)ggwood siding:horizontal cedarggchannel lap sidingwood metal-clad windows(“dark bronze”)composite shingles(timberline UHD)pgpgstone veneer:adhered thinstonemountain ledge sandstonecementitious stuccoﬁ ber cement panels(nichiha illumination series)pp1303.16.2021ONE RIVERFRONTUNITS 12/13 (POOL EAST)EXTERIOR ELEVATIONSEAST ELEVATION 1/8” = 1’-0” NORTH ELEVATION 1/8” = 1’-0” SOUTH ELEVATION 1/8” = 1’-0” WEST (POOL) ELEVATION 1/8” = 1’-0” +111LVING LVL+100POOL LVL +111LVING LVL+100POOL LVL COMPOSITE SHINGLES COMPOSITE SHINGLES EXPOSED TIMBER STRUCTURE EXPOSED TIMBER STRUCTURE WOOD SIDINGWOOD SIDING STUCCOWOOD SIDINGWOOD SIDINGEXPOSED TIMBER STRUCTURE STONEVENEERSTONEVENEERSTUCCOSTONEVENEERSTONEVENEERWOOD SIDINGSTUCCOEXPOSED TIMBER STRUCTURE FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION) FIBER CEMENT PANELS(ILLUMINATION)METAL AND WOODGUARDRAILSMETAL-CLADWOOD WINDOWSMETAL-CLADWOOD WINDOWSWOOD AND METAL GUARDRAILSMETAL-CLADWOOD WINDOWSMETAL AND WOODGUARDRAILSMETALPANELMETALPANEL PROPOSED EXTERIOR FIXTURENTS+100.0 = 7440.0’ ELEVATION ABOVE SEA LEVELEXTERIORLIGHT FIXTUREEXTERIORLIGHT FIXTURE+131.131’-7”+131.131’-7”METAL PANELSTUCCOAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1403.16.2021ONE RIVERFRONTTYPICAL TOWNHOME DETAILSAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1503.16.2021ONE RIVERFRONTTYPICAL TOWNHOME DETAILSAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1603.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODAEIRIAL VIEW FROM NORTHEASTAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1703.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODAEIRIAL VIEW FROM SOUTHEASTAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1803.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODAEIRIAL VIEW FROM SOUTHWESTAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL1903.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODGROUND PERSPECTIVESAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL2003.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODPOOL PERSPECTIVESAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL2103.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODPOOL PERSPECTIVEAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL2203.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODRIVERFRONT VILLAGE PERSPECTIVESAttachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL2303.16.2021ONE RIVERFRONTONE RIVERFRONT NEIGHBORHOODSOLAR ACCESS STUDYMARCH 21st (12:00pm)JUNE 21st (12:00pm)SEPTEMBER 21st (12:00pm)DECEMBER 21st (12:00pm)WESTIN HOTELRIVERFRONT LANEWESTIN HOTELRIVERFRONT LANEWESTIN HOTELRIVERFRONT LANEWESTIN HOTELRIVERFRONT LANEAttachment A Attachment A Attachment A Attachment A © 2021 Zehren and Associates, Inc.east west partnersPLANNING AND ZONING SUBMITTAL03.16.2021ONE RIVERFRONTTHANK YOUAttachment A ONE RIVERFRONT TOWNHOMES PHASE 1 EXHIBIT AVON, COLORADO MARCH 16TH, 2021 © 2021 Zehren and Associates, Inc. east west partners Attachment B © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL - PHASE 1 I03.16.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD SITE PLAN pHASE ONE TEMpORARy STAIRSADjACENT WESTIN SITE CONCRETE SLAb OVER LEVEL 88’ pARkINg gARAgE FINISHED gRADE OF LANDSCApE AREAS WILL MATCH THE TOp OF CONCRETE SLAb ELEVATION TO AVOID ANy ExpOSED FOuNDATION WALLS. THE TEMpORARy LANDSCApE TREATMENT ALONg RIVERFRONT LANE WILL CONSIST OF HyDROSEEDINg ALL bARE SOIL AREAS WITH A NATIVE gRASS COVER CROp, AND INSTALLINg TEMpORARy AbOVE gROuND IRRIgATION TO ENSuRE gERMINATION AND ESTAbLISHMENT OF THE SEED. Attachment B © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL - PHASE 1 II03.16.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD AERIAL VIEW FROM SOUTHEAST Attachment B © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL - PHASE 1 III03.16.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD AERIAL VIEW FROM SOUTHWEST Attachment B © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL - PHASE 1 IV03.16.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD GROUND PERSPECTIVES Attachment B © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL - PHASE 1 V03.26.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD GARAGE ENTRY 1/2" x 1-1/2" STL FLAT BAR TOP RAIL 1/2" x 1-1/2" STL FLAT BAR SUPPORT POSTS 3/8" x 1-1/2" STL FLAT BAR PICKETS, TYP 37 8" 5'-4"5'-0"378"4'-718"37 8" 4'-1118" 1/2" x 1-1/2" STL FLAT BAR BOTTOM RAIL 3/4" X 12" ANCHOR BOLT 8" Ø CONC PIER FOUNDATION NOTE: ALL EXPOSED METAL SHALL BE FINISHED WITH ONE COAT OF PRIMER AND TWO COATS OF BLACK EXTERIOR GRADE PAINT. FINISH GRADE338"℄℄ ONE RIVERFRONT - Pool Fence Detail AVON, CO 3/26/21 1 METAL POOL SECURITY FENCE SCALE: 1" = 1'-0" 1/2" x 1-1/2" STL FLAT BAR TOP RAIL 1/2" x 1-1/2" STL FLAT BAR SUPPORT POSTS 3/8" x 1-1/2" STL FLAT BAR PICKETS, TYP 37 8" 3'-11"3'-6"378"3'-118"37 8" 3'-618" 1/2" x 1-1/2" STL FLAT BAR BOTTOM RAIL STL EMBED PLATE AND STUDS (TBD BY STRUCT) WELD SUPPORT POSTS TO EMBED PLATE NOTE: ALL EXPOSED METAL SHALL BE FINISHED WITH ONE COAT OF PRIMER AND TWO COATS OF BLACK EXTERIOR GRADE PAINT. TOP OF WALL ℄℄ ONE RIVERFRONT - Pool Fence Detail AVON, CO 3/26/21 2 METAL GUARDRAIL SCALE: 1" = 1'-0" VIEW FROM RIVERFRONT LANE TO WEST VIEW FROM RIVERFRONT LANE TO NORTHWEST AERIAL VIEW FROM RIVERFRONT LANE TO SOUTHWEST Attachment C © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL - PHASE 1 VI03.26.2021ONE RIVERFRONT North Scale: 1” = 20’ 0 20’10’40’ LANDSCAPE PHASING PLAN PLANT BED (MULCH) GROUND COVER EXISTING TRAIL (ASPHALT) WESTIN HOTEL AVON RDENTRY ARTIFICIAL TURF ENTRY EXISTING CURB LINE PROPOSED CONC SIDEWALK (REF CIVIL) PROPOSED PLANTING STRIP (MULCH) PROPERTY LINE EXISTING SIDEWALK ADA RAMP WAYFINDING SIGN GARAGE ENTRY / EXIT FLUSH CONC CURB GATE RETAINING WALL W/ STONE CAP AND VENEER EMERGENCY GENERATOR PAD 6' HT WOOD FENCE GATE PROPOSED ELEC TRANSFORMER (REF CIVIL) RIDGE COOLING TOWER VENT (4) BIKE RACKS REF 9 / L5.1 COLORED CONC STEPS (3) - 6" RISERS NATIVE SEED MULCH PLANT BED MULCH PLANT BED MULCH PLANT BED NATIVE SEED PERENNIALS GROUND COVER PROPOSED SIDEWALK NATIVE SEED 8" CONC EDGE RESTRAINT PLANT BED (MULCH) GROUND COVER 50' BUILDING HEIGHT SETBACK (50' MAX HT SOUTH OF THIS LINE / 105' MAX HT NORTH OF LINE ) UTILITY AND DRAINAGE EASEMENT (REAR SETBACK) WESTIN GARAGE EASEMENT EXISTING ELEC TRANSFORMER TO REMAIN EXISTING WESTIN LOADING DOCK ENTRANCE PROPOSED CURB AND GUTTER REF CIVIL EXISTING FIRE HYDRANT TO BE RELOCATED (REF CIVIL) CONC PARKING GARAGE RAMP (HEATED) EXISTING SIDEWALK CONC SIDEWALK REF CIVIL EXISTING SIDEWALK CONC APRON (UNHEATED) REF CIVIL EGRESS DOOR EXISTING CONC STEPS AND WALL TO REMAIN EXISTING CONC PATH EXISTING CONC PATH (TO REMAIN) COLORED CONC STEPS REF 8 / L5.1 10' BUILDING SETBACK TRENCH DRAIN (BELOW) WAYFINDING SIGN DUMPSTER PICKUP AREA (TEMPORARY STORAGE LOCATION ON TRASH PICKUP DAY) CONCRETE BLOCK WALL (2.5' HT) MFR: ROSESTTA PRODUCT: KODAH REF 6 / L5.1 CURB AND GUTTER (REF CIVIL) VEHICULAR PAVERS (80MM) SAND SET W / 5" CONC SUB-SLAB (HEATED) BOLLARD LIGHT, TYP BOLLARD LIGHT, TYP REF LIGHTING PLANS BOLLARD LIGHT, TYP 5' HT METAL POOL SECURITY FENCE W / 4" VERT PICKETS DECK (ABOVE) LIMIT OF WORK (PATH EDGE) LIMIT OF WORK LIMIT OF WORK EXISTING ROAD (ASPHALT) MOUNTABLE CURB REF CIVIL BOLLARD LIGHT, TYP REF LIGHTING DWGS GARAGE FOUNDATION WALL COLORED CONC STEPS (HEATED) REF 8 / L5.1 COLORED CONC POOL DECK (HEATED) COLORED CONC STEPS REF 8 / L5.1 MOUNTABLE CURB REF CIVIL COLORED CONC STEPS REF 8 / L5.1 WESTIN GARAGE WALL (BELOW) DECK (ABOVE)COLORED CONC PATIOS, TYP DECK (ABOVE) COLORED CONC PATIOS, TYP COLORED CONCRETE SIDEWALK W / THICKENED SLAB EDGE ALONG WEST SIDE ADJACENT TO BLOCK WALL COLORED CONC ACCESS RAMP (ADA ACCESSIBLE) DECK (ABOVE) EXISTING ELEC EASEMENT PROPERTY LINE EXISTING RETAINING WALL 3" X 18" SANDSTONE POOL COPING (2) CONC STEPS EXISTING BOLLARD LIGHTS TO REMAIN PLANT BED (MULCH) STEPPING STONE PATHS, TYP (3" FLAGSTONE) CONC EGRESS STEPS REF CIVL / STRUCT EDGING, TYP EXISTING CONC DRAINAGE PAN AND APRON TO REMAIN EDGING, TYP EDGING, TYP ENTRY STEPS RELOCATED WESTIN BBQ PATIO BOULDER WALL (HT VARIES / 4' MAX) RE-LOCATE EXISTING BOLLARD LIGHT BOULDER WALL (HT VARIES / 4' MAX) INTERIOR GARAGE RAMP (2) CONC STEPS 6" STEP AT THRESHOLD 6" STEP AT THRESHOLD (2) CONC STEPS (2) CONC STEPS (2) CONC STEPS 6" STEP AT THRESHOLD 6" STEP AT THRESHOLD EGRESS DOOR 6" STEP AT THRESHOLD BLDG WALL BELOW EDGING, TYP GATEGATE ROOF LINE (ABOVE) 1 1 5 .0 'AASHTO ( 2 0 mph ) RIDGE RIDGE 79.6 RIDGE 7 1 . 1 RIDGE 71.5RIDGERIDGERIDGE 71.3RIDGESPA 3 7.5' x 9' BLDG ENTRY GARAGE ENTRY EXIT ONE RIVERFRONT CONDOMINIUMS FFE LOBBY = 7440.0 FFE GARAGE = 7428.0 BLDG ENTRY RIV E R F R O N T L A N E 1 234567 8 9 10 11 12 13 POOL EAST TH FFE = 7440.0 RIVER EAST TH FFE GROUND LVL = 7440.0 FFE BASEMENT = 7429.0 RIVER WEST TH FFE GROUND LVL = 7440.0 FFE BASEMENT = 7429.0 POOL 24' x 41.5'SPA 28' x 21SPA 1 8' x 18' POOL WEST TH FFE = 7440.0 BOULDER WALL BOULDER WALL (HT VARIES / 4' MAX) ROOF LINE (ABOVE) ROOF LINE (ABOVE) DECORATIVE LANDSCAPE BOULDERS SYMBOL LEGEND: PROPOSED SPOT ELEVATION BOLLARD LIGHTS (REF LIGHTING DWGS TYPE) EXISTING TREE TO BE PRESERVED QTY (29) BUILDING ENTRY MULCH 11,601 SF RIVER ROCK COBBLE MULCH 217 SF (1" MULTI-COLORED) EXISTING TREE TO BE REMOVED QTY (37) LIMIT OF WORK NATIVE SEED 9,568 SF ARTIFICIAL TURF 593 SF PRODUCT: SYNAUGUSTINE 347 MFR: SYNLAWN 168 80 48 180 119 63 133 40 46 TOTAL LU FOR TREES = 831 (50%) TOTAL LU FOR SHRUBS = 514 (31%) 35 61 22 11 15 6 29 7 16 44 17 84 23 40 58 PLANT LEGEND: EVERGREEN TREES DECIDUOUS TREES SHRUBS BLUE SPRUCE (14' HT) QTY - 21 Picea pungens 'Gluaca' DOUGLAS FIR (12' HT) QTY - 10 Pseudotsuga menziesii BRISTLECONE PINE (10' HT) QTY - 4 Pinus aristata MULTI-STEM ASPEN (3" CAL / 14' HT) QTY - 17 Populus tremuloides ROCKY MTN GLOW MAPLE (3" CAL) QTY - 9 Acer grandidentatum 'Schmidt' MUGO PINE (6' HT) QTY - 30 Pinus mugo var. rostrata WOODS ROSE (15 GAL) QTY - 46 Rosa woodsii MORDEN GOLDEN GLOW ELDERBERRY (15 GAL) QTY - 35 Sambucus racemosa 'Morden Golden Glow' RED TWIG DOGWOOD (15 GAL) QTY - 61 Cornus sericea 'Baileyi' TIGER EYES SUMAC (15 GAL) QTY - 22 Rhus typhina 'bailtiger' COMMON LILAC (15 GAL) QTY - 15 Syringa vulgaris 'Andeken an Ludwig Spaeth' FRAGRANT SUMAC (15 GAL) QTY - 6 Rhus aromatica HARRISON'S YELLOW ROSE (15 GAL) QTY - 29 Rosa x harisonii 'Harrisons Yellow' GAMBEL OAK (15 GAL) QTY - 7 Quercus gambellii SERVICEBERRY (15 GAL) QTY - 16 Amelanchier alnifoila BLUE MUFFIN VIBURNUM (15 GAL) QTY - 44 Viburnum dentatum 'Blue Muffin' GOOSEBERRY (15 GAL) QTY - 17 Ribes aureum ORANGE ROCKET BARBERRY (15 GAL) QTY - 84 Berberis thunbergii 'Orange Rocket' DIABOLO NINEBARK (15 GAL) QTY - 23 Physocarpus opulifolius 'Diabolo' MONTGOMERY SPRUCE (3' HT) QTY - 40 Picea pungens 'Montgomery' COMMON JUNIPER QTY - 11 Juniperus communis var. depressa CRUSADER COCKSPUR HAWTHORN QTY - 19 (3" CAL) Crataegus crus-gali inermis "Crusader' NANKING CHERRY (6' HT / Multi-stem) QTY - 10 Prunus tomentosa LANDSCAPE UNIT QTY (TREES) LANDSCAPE UNIT QTY (Shrubs) RUSSIAN SAGE QTY - 58 Perovskia atriplicifolia 215 115 1 TOTAL LU GRASSES / PERENNIALS = 331 (19%) PERENNIALS MIXED SPECIES (1 GAL) 1,167 SF NATIVE SEED - MONTANE MEADOW MIX 9,568 SF APPLICATION RATE: 30 LBS / ACRE GROUND COVER ORNAMENTAL GRASSES LANDSCAPE UNIT QTY FEATHER REED GRASS (5 GAL) QTY - 115 Calamagrostis acutiflora 'Karl Forester' BLUE AVENA GRASS (5 GAL) QTY - 215 Helictotrichon sempervirens MIXED SPECIES PLANTS 1,194 SF (SEE GC PLANT LIST) F15 FLATS SCALE: 1"=20' 11/13/19 0 10' 20' 40' RIVERFRONT VILLAGE AVON, CO IRRIGATION AREA CALCULATIONS LANDSCAPE AREA PROVIDED 25,439 SF 34.3 % LOT 1 AREA TOTAL IRRIGATED AREA 7,594 SF 30.0 % OF LANDSCAPE AREA SPRAY AREA 1167 SF 15.3 % OF TOTAL IRRIGATED AREA DRIP AREA 6,427 SF 84.7 % OF TOTAL IRRIGATED AREA NOTES: 1. ALL TREE AND SHRUB PLANT BEDS ARE TO RECEIVE A MINIMUM OF 3" DEPTH OF BARK MULCH. 2. ALL DISTURBED OR RE-GRADED AREAS TO BE RE-VEGETATED WITH A NATIVE WILDFLOWER AND GRASS SEED MIX. 3. IRRIGATION SYSTEM TO BE MOISTURE SENSOR AUTOMATED AND TIME CLOCK OPERATED. SHRUBS, TREES, AND PERENNIALS TO BE DRIP OR MICRO SPRAY TYPE IRRIGATION. 4. NATIVE SEED AREAS SHALL BE TEMPORARY IRRIGATED FOR AND ESTABLISHMENT PERIOD OF TWO YEARS. TREES AND SHRUBS WITHIN THE NATIVE SEED AREAS SHALL HAVE PERMANENT DRIP IRRIGATION. 5. SILT FENCE OR HAY BALES ARE TO BE PLACED AT THE LIMIT OF CONSTRUCTION AS NEEDED TO PREVENT EROSION AND SEDIMENTATION. A CONSTRUCTION FENCE WILL BE PLACED AT THE LIMIT OF DISTURBANCE WHERE THE SILT FENCE OR HAY BALES ARE NOT USED. GROUNDCOVER PLANT LIST: Scientific Name Common Name Delosperma 'Fire Spinner and Mesa Verde' Ice Plant Galium odoratum Sweet Woodruff Lysimachia nummularia 'Aurea'Creeping Jenny PERMANENT IRRIGATION 1167 SF PERENNIALS (ENTIRE AREA) 1194 SF GROUND COVER PLANTS (ENTIRE AREA) 1920 SF (120) TREES X 16 SF EACH 2570 SF (514) SHRUBS X 5 SF EACH 743 SF (330) GRASSES X 2.25 SF EACH 7,594 SF TOTAL TEMPORARY IRRIGATION (SPRAY OR ROTORS) 9,568 SF NATIVE SEED AREA IRRIGATED AREA CALCULATIONS TOTAL LANDSCAPE UNITS = 1,676 ONE RIVERFRONT LANDSCAPE PLAN Phase 1 Temporary Native Seed Area Phase 2 Permanent Landscape Area Mountable Curb Guardrail Phase 1 Landscape Area Attachment C Specifications are subject to change without notification HessAmerica > Products > Lighting Products > Illuminating Bollard > LINEA Page 1 https://www.hessamerica.com/Products/Lighting/Illuminating_Bollard/LINEA__/ Model Lamp Color Temperature Volt Mounting Pole Finish Option LN950 LED - Standard output WW -3000K UNV - 120-277V A - Single Mount 03SRA - 3' Straight Rectangular SG - Silver Grey DIM - 0-10vDC Dimming HP/LED - High output NW - 4000K B - Twin Mount DG - Dark Grey EF - External Flange GG - Graphite Grey N - None BLK - Matte Black BRZ - Dark Bronze CC - Custom RAL Color Ordering Information LN950 LED WW UNV A 03SRA BLK DIM LINEA LED Specification The simple linear form of LINEA combined with LED illumination provides a synergy of form and function. High-power LEDs provide a wide asymmetric distribution while generating no light above ninety degrees horizontal. Bollard housing and shaft are single-piece and finished in finely textured paint. All hardware is stainless steel. Attachment D Specifications are subject to change without notification HessAmerica > Products > Lighting Products > Illuminating Bollard > LINEA Page 2 https://www.hessamerica.com/Products/Lighting/Illuminating_Bollard/LINEA__/ LINEA LED Specification HOUSING Single piece bollard consists of one or two integral luminaire heads and shaft fabricated from rectangular 6061 aluminum alloy with radiussed corners. Nominal wall thickness is 0.187" with cross-section of 7.5" x 3.5". LED light engine and driver are housed in self contained weather-proof powerpack enclosure within the bollard and removable with a single fastener. Lens is clear impact-resistant acrylic. LED array is thermally managed using convection and transmission of heat through the use of an aluminum heat sink and the luminaire housing. All hardware is stainless steel. OPTICS Each LED light engine consists of five high output multi-chip LED arrays fitted with prismatic lens optics to produce a uniform asymmetric light distribution pattern suitable for pathways and sidewalks. Luminaire emits zero uplight at or above 90 degrees horizontal and qualifies for use in LEED zones LZ1, LZ2, LZ3, and LZ4. Color temperature may be 3000K or 4000K. ELECTRICAL Standard output: Integral LED driver is housed in luminaire head. Each luminaire head consumes 16 watts at 350 mA. Twin mount bollard with two heads consumes 32 watts. Input voltage range is 120v - 277v AC, 50-60 Hz. LED driver shall be UL recognized. High output: Integral LED driver is housed in luminaire head. Each luminaire head consumes 33 watts at 700 mA. Twin mount bollard with two heads consumes 66 watts. Input voltage range is 120v - 277v AC, 50-60 Hz. LED driver shall be UL recognized. LED DELIVERED LUMENS / BUG RATING Per Luminaire Head Standard Output: 3000K - 568 delivered lumens / B0-U0-G1 4000K - 659 delivered lumens / B0-U0-G1 High Output: 3000K - 1061 delivered lumens / B0-U0-G2 4000K - 1216 delivered lumens / B0-U0-G2 NOTE : Due to rapid and continuous advances in LED technology, LED luminaire data is subject to change without notice and at the discretion of HessAmerica. Consult factory for more current technical data. MOUNTING Flangeless mounting is standard. Optional external flange mounting available on request. WEIGHT: 20lbs FINISH Standard finishes are finely textured matte silver grey metallic, dark grey, graphite grey, matte black, or dark bronze. Special colors available on request. CERTIFICATION CSA/US Certified for Wet Locations WARRANTY Limited product warranty period including LEDs is five years. Driver shall carry the manufacturer's limited warranty. Attachment D Specifications are subject to change without notification HessAmerica > Products > Lighting Products > Illuminating Bollard > LINEA Page 3 https://www.hessamerica.com/Products/Lighting/Illuminating_Bollard/LINEA__/ Additional information Dimensions Mounting detail Attachment D 6505 Gayhart Street, Commerce, CA 90040 TEL 323.767.2600 | www.noralighting.com | e-mail: nora@noralighting.com © 2020 Nora Lighting, Inc. All rights reserved. Specifications subject to change without notice. 062220P1 Type Project Catalog No. Notes NIO-4RNDC 4" Iolite Round Reflector with Round Aperture Source: 14W to 28W LED 800lm to 2500lm PRODUCT DESCRIPTION 4" Iolite reflectors can be specified for use with Iolite new construction or remodel housings. Deep regressed cone reflectors optimize visual cut-off. FEATURES ·800lm, 1000lm, 1500lm, 2000lm or 2500lm LED packages ·2700K, 3000K, 3500K, 4000K, 5000K @ 90+ CRI ·Cree® LED COB or Comfort Dim Technology ·Flood optic, narrow flood and spot optics (included) ·5-Year limited warranty SPECIFICATION Construction: Reflectors are constructed of heat dissipating, die-cast aluminum. The aluminum die-cast LED heat sink is threaded to fit the reflector and transfer heat. Mounting: Reflector includes friction blades to mount securely to housing. OPTICS 800-1000lm: Each reflector includes field changeable optics (27° spot, 40° narrow flood and 60° flood - preinstalled). Premium 15° and 25° TIR optics are also available. 1500-2500lm: Each reflector includes field changeable TIR optics (30° spot, 45° narrow flood - preinstalled and 65° flood). ELECTRICAL Lumens / Wattage: 800lm / 14W, 1000lm / 14W, 1500lm / 20W, 2000lm / 24W, 2500lm / 28W Color Temperature: 2700K, 3000K, 3500K, 4000K, 5000K CRI: 90+CRI Operating Temp.: Specified by housing Lifetime: 50,000 hours @ L70 Comfort Dim: Comfort Dim color tunes the temperature from a bright 3100K, to a romantic and comfortable 2000K on a gradual, even curve. Available in 800lm only. Dimming: Specified by housing COMPATIBLE HOUSINGS Reflectors are compatible with respective Iolite housings manufactured by Nora Lighting. CATALOG NO. DESCRIPTION LUMENS / WATTAGE NHIOICD-48 ICAT New Construction 800-10 00lm / 14W NHIOICDCP-48 Chicago Plenum 800-10 00lm / 14W NHRIOIC-48 ICAT Remodel 800-10 00lm / 14W NHIOICD-415 ICAT New Construction 1500lm / 20W NHIOICDCP-415 Chicago Plenum 1500lm / 20W NHIOICD-420 ICAT New Construction 2000lm / 24W NHIOICDCP-420 Chicago Plenum 2000lm / 24W NHIOICD-425 ICAT New Construction 2500lm / 28W NHIOICDCP-425 Chicago Plenum 2500lm / 28W Accessories: Reflectors will accommodate (1) hex louver and (1) translucent deco collar or opaque snoot, no accessory holder is required, see accessories page. Flush mount mud ring is available to give the appearance of a trimless reflector, compatible with new construction housing only. LABELS AND LISTINGS ·cULus Listed for Wet Locations ·ENERGY STAR certified ·5-Year Limited Warranty ·RoHS Compliant ·Certified to the high efficacy requirements of California Title 24 JA8-2019 WET 242019 TITLE CAN BE USED TO COMPLY WITH HIGH EFFICACY LED LIGHTSOURCE REQUIREMENTS PART 6WARRANTY LIMITEDYEAR5 GREEN COMMITTED TO o Recreate the Sunset with LED omfortDim® CRI90+RoHS COMPLIANT ASSEMBLED IN USA Example: NIO-4RNDC27XWW = 4" Iolite Round Reflector with Round Aperture, 2700K, White finish, 800lm / 14W Reflector Type Color Temp.Finish Lumens / Wattage NIO-4RNDC = Round Reflector with Round Aperture 27X = 2700K 30X = 3000K 35X = 3500K 40X = 4000K 50X = 5000K CDX = Comfort Dim† BB = Black / Black BW = Black / White BZ = Bronze / Bronze CHMPW = Champagne / Matte Powder White HW = Haze / White HZMPW = Haze / Matte Powder White MPW = Matte Powder White NN = Natural Metal / Natural Metal WW = White / White (blank) = 800lm / 14W /10 = 1000lm / 14W /HL = 1500-2500lm (varies by housing) † Comfort Dim technology available in 800lm & uses non-Cree COB modules. 1" & 2" Iolite uses a different dimming curve than 4" Comfort Dim 4” Iolite Round Reflector with Round Aperture - Dedicated Housing Required Housing Type NHIOICD-48 = ICAT New Construction / 800-100lm / 14W NHIOICDCP-48 = Chicago Plenum / 800-100lm / 14W NHRIOIC-48 = ICAT Remodel / 800-100lm / 14W NHIOICD-415 = ICAT New Construction / 1500lm / 20W NHIOICDCP-415 = Chicago Plenum / 1500lm / 20W NHIOICD-420 = ICAT New Construction / 2000lm / 24W NHIOICDCP-420 = Chicago Plenum / 2000lm / 24W NHIOICD-425 = ICAT New Construction / 2500lm / 28W NHIOICDCP-425 = Chicago Plenum / 2500lm / 28W Compatible Housings PRODUCT IMAGES & DIMENSIONS 4-7/8" 3-1/4" NIO-4RNDC Round Reflector with Round Aperture Non-Adjustable BB Black Reflector Black Flange BW Black Reflector White Flange BZ Bronze Reflector Bronze Flange CHMPW Champagne Haze Reflector Matte Powder White Flange HW Haze Reflector White Flange HZMPW Haze Reflector Matte Powder White Flange MPW Matte Powder White Reflector Matte Powder White Flange NN Natural Metal Reflector Natural Metal Flange WW White Reflector White Flange Attachment D 6505 Gayhart Street, Commerce, CA 90040 TEL 323.767.2600 | www.noralighting.com | e-mail: nora@noralighting.com © 2020 Nora Lighting, Inc. All rights reserved. Specifications subject to change without notice. 062220P2 Type Project Catalog No. Notes 4" Iolite Accessories 4” Iolite Round Reflector with Round Aperture ACCESSORIES Iolite accessories can be added at any point in the design process. Accessories easily install between LED module and die-cast reflector. Luminaire will accommodate (1) hex louver and (1) collar accessory, no accessory holder required. FLUSH MOUNT 4" Iolite reflectors can be installed flush with the drywall for a flush mount appearance. A flush mount mud ring is installed after the drywall and a professional drywall finisher floats the ceiling to blend in the mud ring. LED Module LED Module Optic Accessory Die-cast Reflector Die-cast Reflector Translucent Decorative Collar NIO-AS14(color) 5/8" length NIO-AS19(color) 3/4" length NIO-AS26(color) 1” length Color: AM (amber), BLU (blue), FR (frosted), R (red) Translucent collars color the aperture with the specified color while producing white general light. Collars are available in different lengths. Use to add interest, create a theme, match a theme or define a space. Opaque Collar Snoot NIO-AS14(color) 5/8" length NIO-AS19(color) 3/4” length NIO-AS26(color) 1” length Color: BLK (black), MPW (matte powder white), WH (white) Opaque snoot greatly reduces aperture brightness while preserving light output. (Note: Black snoot will reduce light) Hex Cell Louver NIO-HC Black Hex cell louver subtly reduces aperture brightness by reducing light output by about 20%. Flush Mount Mud Ring NIO-FMMR-4R Round Mud Ring Mounts reflector flush to ceiling with flange visible. Mud ring attaches to drywall. Only for use with NHIOICD-48 or NHIOICDCP-48 new construction housings and NIO-4R reflectors. Dimensions: 7-7/8" diameter 1/2" thick Frosted Filter-Optic NIO-REFL15FR 15° Optic NIO-REFL25FR 27° Optic NIO-REFL38FR 40° Optic NIO-REFL60FR 60° Optic Optic assembly includes optional frosted lens. 27°, 40° and 60° optics are included with 800lm and 1000lm reflector. Not compatible with /HL LED module. Premium TIR Optics NIO-REFLTIR15 15° Optic NIO-REFLTIR25 25° Optic Not compatible with /HL LED module or Comfort Dim (CDX) technology FIELD CHANGEABLE OPTICS Iolite reflectors include spot, narrow flood and flood optics. Optics can be changed in the field by removing LED module from die-cast reflector. Replacement optics include an optional frosted lens. Note: Frosted filter-optics and Premium TIR optics are not compatible with /HL LED modules. Attachment D 6505 Gayhart Street, Commerce, CA 90040 TEL 323.767.2600 | www.noralighting.com | e-mail: nora@noralighting.com © 2020 Nora Lighting, Inc. All rights reserved. Specifications subject to change without notice. 062220P1 Type Project Catalog No. Notes PRODUCT DESCRIPTION New construction housing for use in insulated ceilings can be in direct contact with insulation**. Air-tight construction provides energy savings by reducing the flow of air through the ceiling. Patented design allows for easy, tool-less removal of the driver. FEATURES ·IC rated for direct contact with insulation** ·Quick connect provided for electrical connection to the LED reflector ·ASTM E283 for Air-Tight ·Patented driver assembly SPECIFICATION Housing: 0.040” Aluminum shallow housing with patented driver assembly, allows for driver to slide out without tools. Housing can be installed in 1/2” ceiling thickness, an extension collar is available for ceiling thickness up to 2”, must specify NIO-4EXTC2. Air Flow Restriction: Meets requirments of Air-Tight (AT) <2CFM (cubic feet per minute) in accordance with ASTM- 283 Air-Tight requirements. Clearance**: “IC” Insulated ceiling housings are direct contact rated. Not to be used in direct contact with spray foam insulation. Bar Hangers: Two 13-3/4” to 24-1/2” adjustable bar hangers with captive nails are included on housing. Bar hangers are parallel to junction box, but can be repositioned 90˚ perpendicular to junction box if desired. “L”-shaped bar hanger foot to align to bottom of construction joist. A T-bar notch allows for easy installation in a suspended ceiling. Junction Box: Pre-wired 25 cubic inch 0.064” thick galvanized steel, with seven 1/2” knockouts, four Romex® pryouts, and snap on covers. All leads are #18AWG wire, the ground wire is connected to the bottom, and quick connectors are supplied on all leads. Through branch circuit wiring, (4-in, 4-out). ELECTRICAL Voltage: 120V or 120/277V (must specify) Power Factor: >0.90 Operating Temp.: 104˚F (40ºC) max. ambient temperature Wattage: 14W Dimming: Triac / ELV or 0-10V (must specify) Click Here or check complete dimmer list at www.NoraLighting.com in the “Compatibility” page under “Resources” tab COMPATIBLE REFLECTORS CATALOG NO. DESCRIPTION NIO-4RC 4” Round Cone Regress NIO-4SC 4” Square Cone Regress NIO-4RG 4” Round Adj. Surface Gimbal NIO-4SG 4” Square Adj. Surface Gimbal NIO-4RD 4” Round Adj. Deep Regress NIO-4SD 4” Square Adj. Deep Regress NIO-4RNDC 4” Round Deep Reflector NIO-4SNDC 4” Square Deep Reflector NIO-4RPHA 4” Round Adj. Pinhole NIO-4RPH 4” Round Pinhole NIO-4SNDSQ 4” Square Reflector / Square Aperture NIO-4RSL 4” Round Adj. Slot Aperture NIO-4RNB 4” Round Bullnose NIO-4SNB 4” Square Bullnose NIO-4SDSQ 4” Square Adjustable / Square Aperture NIO-4SW 4” Square Wall Wash NIO-4RTLA 4” Round Trimless Adj. Reflector NIO-4RTLNDC 4” Round Trimless Reflector NIO-4STLNDC 4” Square Trimless Reflector Emergency: Housing can be specified with connections for emergency battery installation. Requires top access. Must specify battery with remote test switch separately, NEPK-07LEDUNV. Note: Emergency is not compatible with NHIOICDCP-48 LABELS AND LISTINGS ·cULus Listed for Damp Location (Wet Location when used with compatible reflector) ·5-Year Limited Warranty ·RoHS Compliant ·Patent #D824567S ·Meets or exceeds ASTM-283 Air-Tight requirements WARRANTY LIMITEDYEAR5 RoHS COMPLIANT Housing Type Driver / Dimming Optional Emergency NHIOICD-48 = IC Air-Tight LE3 = 120V input; Triac / ELV dimming LE4 = 120-277V input; Triac / ELV / 0-10V dimming LUPEQ = 120/277V input; Lutron Hi-lume Premier 0.1% EcoSystem with Soft-On, Fade-to-Black LUPEQ1 = 120/277V input; Lutron Hi-lume 1% EcoSystem with Soft-On, Fade-to-Black /PEM = Remote Emergency for LE3 or LE4 NHIOICDCP-48 = Chicago Plenum LE3 = 120V input; Triac / ELV dimming LE4 = 120-277V input; Triac / ELV / 0-10V dimming LUPEQ = 120/277V input; Lutron Hi-lume Premier 0.1% EcoSystem with Soft-On, Fade-to-Black LUPEQ1 = 120/277V input; Lutron Hi-lume 1% EcoSystem with Soft-On, Fade-to-Black 4” Iolite IC Air-Tight New Construction Housing - Compatible with NIO-4 reflectors Description NEPK-07LEDUNV = Remote Emergency Battery w/Test Switch NIO-4EXTC2 = Ceiling Extension Collar up to 2” Optional Accessories Example: NHIOICD-48LE3 = 4” Iolite IC Air-Tight New Construction Housing, 120V input; Triac / ELV dimming NHIOICD-48 / NHIOICDCP-48 4” Iolite IC Air-Tight New Construction Housing Source: 14W LED 800lm or 1000lm PRODUCT IMAGES AND DIMENSIONS PATENTNo. D824567S 7-5/8" 4" 12" 4-5/16" Ceiling Cut-Out Attachment D 2840 N Brookfield Rd, Suite Brookfield, WI 5304 PH: 262.505.5124 FX: 262.753.6582 www.klikusa.com sales@klikusa.com Project Name: Location: Rep Agency: Specifier Fixture Type: Product Code: R6.0 20190327 Page 1 of 5KLIK LEDpod™ 40 KLIK LEDpod™ 40 Patented Product Codes Follow the steps to specify your fixture. Enter Product Code in field at top of page. Example LP4030KA40 1. Additional sizes are available as special order, contact factory for rail dimensions other than those shown on this sheet. 2. Bronze material requires a special clip, contact factory for more information. 3. Also available in blue (BLU), green (GRN), red (RED), and custom color temperature (as special order). 4. Wall thickness of 0.120” is common to steel & stainless; wall of 0.125” common to aluminum 5. Additional charges and lead time apply for this feature. 6. Tamper proof option offers additional protection in extreme environments. Additional charges and lead time apply for this feature. To specify; add “TP” to product code. 7. To Specify 1.5 Watt; add “0350” to product code. Description Discrete, seamless point source LED fixture for use in all code-compliant handrail, especially curving ramps and helical stairs as well as long runs on bridges and pedestrian paths. Asymmetric optic allows mounting at rail nadir, eliminating uncomfortable glare issues. Housing Clear anodized aluminum body as standard. Color-match anodized or bronze body as options, consult factory. Aluminum body has a fine 25-micron finish and is then hard-coat anodized, thu preventing galvanic corrosion. Silicone gasket seals the installation from water ingress and provides added means of electrical isolation to minimize potential for galvanic reaction. Electrical/LED Driver - Input Voltage: 24 VDC *Please note, all KLIK fixtures are no - Operating Temp: -40 to 120° F dimmable as standard - Efficiency: 88 lm/ - Driver: Must use class 2 driver - Primary Driver: 110 - 277 VAC UL Listed Constant Voltage - Secondary Driver: 350 - 500mA Constant Current (provided with fixture - Control: DALI, 0-10V, DMX - DMX control for dimming only, not for individually addressed LEDpod - Enclosure: Minimum NEMA 3R required - Wire connectors provided; factory pre-wire available, consult factory Mounting Patented attachment method offers unparalleled security and ease of mounting. Requires only a simple drilled hole in railing material, eliminates threading, gluing or exposed fasteners common among other handrail fixtures. All conductors remain internal to railing to provide secure and safe wiring. IK10 Impact rating ensures vandal resistance. Tamperproof anti-theft option available for extreme environments; consult factory. - Tube Size: Ø 1.5” - 1.75”, Max. wall .2” Other sizes available upon request - Cut Out: 25mm - Weight: 0.16 LBS Listings - ETL listed, UL 1598/CSA 22.2; CE - cETL - IP65 rated All IP rated luminaires tested to AS60529-2004 Degrees of protection provided by enclosures (IP Code) - IK10 Impact Resistance - Wet location rated 30Ø25 C IP65 IK 10 SymmetricAsymmetric Fixture Type LP LEDpod Rail Size1, 2 40 1.50” Tube -or- 1.66” Pipe Color3 27K 30K 35K 40K AMB 2700K 3000K 3500K 4000K Amber Distribution A S Asymmetric Symmetric Rail Wall Thickness4 1512 1513 05 10 40 80 CUST 1.5” x 11ga Tube (.12 wall) 1.5” x 1/8 Wall Tube Sch 5 Pipe Sch 10 Pipe Sch 40 Pipe Sch 80 Pipe Non-stock Lens Option Clear lens standard Add FRS for frosted diffused lens Add OTK for Optek-film diffused lens R7.0 20200416 SEE NOTE, PAGE 3. PLEASE CONFIRM. ARCHITECT TO CONFIRM PRIOR TO PURCHASE Attachment D 2840 N Brookfield Rd, Suite Brookfield, WI 5304 PH: 262.505.5124 FX: 262.753.6582 www.klikusa.com sales@klikusa.com Project Name: Location: Rep Agency: Specifier Fixture Type: Product Code: R6.0 20190327 Page 2 of 5KLIK LEDpod™ 40 LED Performance LED: Cree XT-E CCT: 2700, 3000, 4000 (others available) CRI: 80-85 Life: 80% at 50k hrs and 85° C Binning: 3 MacAdam Steps Warranty: 5 Year Warranty Lumens/Fixture or Pod STANDARD SPECIAL ORDER 2W/POD Transparent 1.5W/POD Transparent* 3000K 145 3000K 107 4000K 154 4000K 114 5000K 176 5000K 130 *Contact factory for 1.5W POD 2’1’0 1’2’3’4’5’6’7’1.5 WattKLIK LEDpod™ 40 350mA Asymmetric 34” Tall Handrail 0.39 0.96 4.09 5.09 3.63 2.64 1.27 0.58 0.24 0.08 42” Tall Handrail 0.36 0.86 2.63 3.29 2.73 2.03 1.47 0.81 0.43 0.22 KLIK LEDpod™ 40 350mA Symmetric 34” Tall Handrail 2.74 5.22 6.00 5.22 2.74 0.91 0.15 0.05 0.02 0.01 42” Tall Handrail 2.16 3.62 3.85 3.62 2.16 1.35 0.38 0.10 0.04 0.02 2 WattKLIK LEDpod™ 40 500mA Asymmetric 34” Tall Handrail 0.53 1.29 5.53 6.87 4.90 3.57 1.72 0.78 0.33 0.11 42” Tall Handrail 0.48 1.17 3.55 4.44 3.68 2.75 1.98 1.10 0.58 0.30 KLIK LEDpod™ 40 500mA Symmetric 34” Tall Handrail 3.70 7.05 8.11 7.05 3.70 1.23 0.20 0.07 0.03 0.01 42” Tall Handrail 2.92 4.90 5.20 4.90 2.92 1.83 0.52 0.13 0.05 0.02 KLIK LEDpod™ Footcandle Chart Optics Reflector Beam Angle Symmetrical Asymmetrical LOR defined by optic 76 74 lm W mA V System Lumens @4000K 120 1.4 350 3 92 89 162 1.9 500 3 124 120 Primary Driver Secondary LED Driver Spacing Maximum KLIK LEDpods™* 110 - 277 Primary Voltage Remotely Mounted Dimming Control 10” x 1.5” x 2” 500mA 24”37 350mA 24”50 *Based on 16 AWG between LEDpods Remote Mounting Distance Chart 24 VDC 100W Driver Approximate Distance From Driver to First LED at 37 Fixtures Wire Size 10 AWG 12 AWG 14 AWG 16 AWG Distance 525’328’213’131’ Calculations based on 2’ centers between pods. Increased spacing reduces number of pods per circuit. Accessories LP100WPRITRNOND Class 2 Driver, Non-Dimming, Input voltage = 120-277 VAC, Output voltage = 24 VDC, 5 year warranty LP100WPRITRNDIM Class 2 Driver, Dimming, Input voltage = 120-277 VAC, Output voltage = 24 VDC, 5 year warranty LPNEMA3RENCL NEMA 3R Drip Proof Enclosure, 4” x 4” x 18” (IP32 Equivalent) LPNEMA4ENCL NEMA 4 Watertight Enclosure, 14” x 8” x 6” (IP66 Equivalent) LPNEMA6PENCL NEMA 6P Submersible Enclosure 15” x 8” x 6” (IP67 Equivalent) Additional driver & enclosure configurations available X = Rail Height (34” Tall Handrail or 42” Tall Guardrail Optic Height: 34” - 1.57” (Handrail Diameter) = 32.43” (2.7’) 42” - 1.57” (Handrail Diameter) = 40.43” (3.37’) X” 5’ 4’ 3’ 2’ 1’ 0’ 1’ 2’ 3’ 4’ 5’ X” -2’-1’ 0’ 1’ 2’ 3’ 4’ 5’ 6’ SymmetricAsymmetric R7.0 20200416 Attachment D 2840 N Brookfield Rd, Suite Brookfield, WI 5304 PH: 262.505.5124 FX: 262.753.6582 www.klikusa.com sales@klikusa.com Project Name: Location: Rep Agency: Specifier Fixture Type: Product Code: R6.0 20190327 Page 3 of 5KLIK LEDpod™ 40 90° Push LEDPOD in until it snaps into place and the outer surface is flush with the outer surface of the tube. Prod the rim of the clear silicone IP Seal to provide a tighter fit. The notch indicatesthe direction of the light,Asymmetrical LEDPods Light direction LEDPOD Removal Steps Insert removal tool into the 2mm holes in the LEDPOD. With firm pressure, rotate the LEDPod 90°. Carefully peel back the IP silicone seal one side at a time. Carefully remove the LEDPOD from the clip, ensuring not to damage or disconnect wires in the process. Be sure to re-attach the silicone seal readyfor reinsertion. NEGATIVE [ - ]: Black POSITIVE [ + ]: Red 9 1 2 3 Thru.wire Pull a loop of wire through hole.Rotate retaining clips in as shown. Avoid tangling or severing through wire.3 4 5 Apply pressure as shown to deform clip into place in a circular motion. Avoid damaging the surface of tube and tangling or severing through wire. Install Scotchlok connectors to the red and black wires. Connect the corresponding color wires of the driver to the Scotchloks and assure the clip is secured. CAREFULLY feed the Scotchloks to the left of the clip and the driver to the right with the driver connector hanging out. Ensure wires are clear from where the LEDPOD is to fit. Proceed to connect the LEDPOD. 6 7 8Fit clip into place until the clamping ends are equally centered over the hole. Use the tool to center the clip until equal pressure can be felt and inspect by eye. Feed through appropriate wires (14ga - 18ga).2Make sure drilled holes are deburred and excess swarfis removed from railing. 1 Ø 0.98” Ø 1.02” 1.18” OD 1.50”1.66” Use a 25mm annular cutter to bore hole. (Use 1” in aluminum.) Aprx 2” KLIK LEDpod™ 40 Installation Instructions Revised 11.15.2018 Ø 25 ± 0.2mm Sweep wires to side after driver is set in rail (depicted in step 6) www.klikusa.com • sales@klikusa.com PAGE 1 OF 1 32863-C.4 Installation Instructions Additional instructions may apply, consult factory.32863-C.4R7.0 20200416 ROUND TUBE HANDRAIL REQUIRED. CONFIRM THIS IS ACCEPTABLE WITH LAKE FLATO / DESIGN WORKSHOP Attachment D 2840 N Brookfield Rd, Suite Brookfield, WI 5304 PH: 262.505.5124 FX: 262.753.6582 www.klikusa.com sales@klikusa.com Project Name: Location: Rep Agency: Specifier Fixture Type: Product Code: R6.0 20190327 Page 4 of 5KLIK LEDpod™ 40 Wiring Diagram - Post Mounted LEDpod with Retaining Clip IP Plug Scotchlok Connectors Wire routed through post via conduit entry 24VDC Wiring to railing via conduit; from constant voltage primary driver in remote enclosure Constant Current Driver (1) Per LEDpod 24VDC - 24VDC + R7.0 20200416 Attachment D 2840 N Brookfield Rd, Suite Brookfield, WI 5304 PH: 262.505.5124 FX: 262.753.6582 www.klikusa.com sales@klikusa.com Project Name: Location: Rep Agency: Specifier Fixture Type: Product Code: R6.0 20190327 Page 5 of 5KLIK LEDpod™ 40 Wiring Diagram - Wall Mounted LEDpod with Retaining Clip Scotchlok Connectors Note: Hollow bar bend, typically 3/4 x.065 wall Wiring entry through wall via conduit -OR- Wiring can be fed through hollow wall bracket IP Plug Constant Current Driver (1) Per LEDpod 24VDC Wiring to railing via conduit; from constant voltage primary driver in remote enclosure 24VDC - 24VDC + R7.0 20200416 Attachment D Pathfinder |52120BK Job Name:________________ Job Type:________________ Quantity:________________ Comments:________________ PRODUCT DESCRIPTION With solid Die-Cast Aluminum construction and powered by a range voltage input driver, Pathfinder is a high performance down light for commercial and residential installations. Available in Black, Architectural Bronze, or Metallic Sliver there is sure to be a style to fit most any installation. MEASUREMENTS DIMENSION : 5.5'' W x 5.5'' H x 4'' Ext BACK PLATE : 5.5'' W x 5.5'' H x 2.75'' HCO HANGING WEIGHT : 2.03 lb LAMPING INPUT VOLTAGE : 120-277V LUMENS : 880 Rated (820 Del.) BULB : 1 x 15W LED PCB Integrated , 15W Total BULB INCLUDED : (Integrated) DIMMABLE : Only at 120V with ELV CRI : 80 CRI COLOR_TEMP : 3000K LIGHTING_DIRECTION : Down FINISHES OPTION Architectural Bronze Black Silver MATERIAL Die Cast Aluminum RATINGS cETLus Wet Location For Outdoor DARKSKY ADDITIONAL INSTALL UP/DOWN: Up/Down OPERATING TEMPERATURE: -20°C (-4°F), 40°C (104°F) PHOTOMETIC: Report Found Online Always consult a qualified electrician before installing any lighting product. Attachment D Attachment D Attachment D OL11603ORB-LED: Large LED Sconce Collection: Mattix Featured in the decorative Mattix collection 1 Array Integrated 60 watt light bulb Fixture is supplied with 1 light bulb Meets American with Disabilities Act standard extension requirements This advanced LED technology is carefully designed and selected to consist of the highest quality LED chipsets for superior performance and reliability. UPC #:014817565751 Finish: Oil Rubbed Bronze (ORB) Dimensions: Length:36 1/2" Width:6'' Height:7'' Weight:13 lbs. Extends:3 1/2'' Wire:8'' Mounting Proc.:Universal Mounting Plate Connection:Mounted To Box Bulb Type:Array Bulb Base:Integrated Volts:120 Watts:60 Watts Consumed:60 Watts Rated:60 Hours Rated:50000 Lumens:5400 Bulb Temp:2700 °K CRI:90 Bulbs: 1 - LED Integrated Array 60w 120v - included Features: Meets American with Disabilities Act standard extension requirements This advanced LED technology is carefully designed and selected to consist of the highest quality LED chipsets for superior performance and reliability. Material List: 1 Body - Cast Aluminum - Oil Rubbed Bronze Safety Listing: Safety Listed for Wet Locations Instruction Sheets: Trilingual (English, Spanish, and French) (OL11601_OL11602_OL11603-LED) Backplate / Canopy Details: Type Height / Length Width Depth Diameter Outlet Box Up Outlet Box Down Back Plate 24 3/4 5 3/4 1 18 1/8 Shipping Information: Package Type Product #Quantity UPC Length Width Height Cube Weight Frt. Class UPS Ship Individual OL11603ORB-LED 1 014817565751 42 10 7.5 1.823 18.5 93 Yes NJ Pallet 42 48 40 73 81.111 785.4 No NV Pallet 42 48 40 73 81.111 785.4 No Generation Lighting reserves the right to revise the design of components of any product due to parts availability or change in safety listing standards without assuming any obligation or liability to modify any products previously manufactured and without notice. This literature depicts a product design that is the sole and exclusive property of Generation Lighting . In compliance with U.S copyright and patent requirements, notification is hereby presented in this form that this literature, or the product it depicts, is not to be copied, altered or used in any manner without the express written consent of, or contrary to the best interests of Generation Lighting, a Visual Comfort & Co brand. Attachment D PRODUCT CODE 071920 PROJECT TYPE INSERT+ ZERO CLIPS Part number 071920 Lampholder:LED Wattage:4 W Finish:AN-96 / Iron gray / Textured Degree of protection:IP65 CRI:80 Kelvin:3000 Luminaire lumen output:162 lm L:L80 B:B10 Lifetime:60000 h cULus: Voltage:120-277 V Description Recessed wall steplight series. Fixtures consist of: - Multi-step powder-coat painting process, optimized against UV rays and corrosion. - Copper-free precision die-cast aluminum housing and ring/faceplate. - Frosted, flat, tempered silk-screened soda-lime glass diffuser. - Custom molded, anti-aging gasket(s). - Stainless steel external hardware. - Custom MCPCB utilized to maximize heat dissipation and promote a long LED life. - IESNA Type II light distribution. - Input voltage: 120-277 V (50 / 60 Hz), integral driver. - Mud Ring included for INSERT+ ZERO / ZERO CLIPS (rough-in kit provided by others). - Consult factory for dimming options, custom finishes (please specify RAL color), and non-cataloged CCT (Kelvin) options including static colors. - Product meets Buy American Act requirements within ARRA. - 5-year warranty. Photometric data Technical drawings Performance in Lighting - 2621 Keys Pointe - Conyers, Georgia 30013 - USA - voice 770.822.2115 - info.usa@pil.lighting www.performanceinlighting.com Attachment D RIVERFRONT VILLAGE PUD TRACKING SHEET 2/19/2021 ONE RIVERFRONT TOWNHOMES Westin Timeshare West Lodge Townhomes Residences Residences Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 TOTAL PUD REMAINDER Maximum Commercial GLFA - 26,088 5,340 - - - - 31,428 40,000 8,572 Minimum Commercial GLFA - 26,088 5,340 - - - - 31,428 20,000 11,428 Dwelling Units 13 132 52 36 19 2 2 256 456 200 Meeting Space Minimum - 4,328 - - - - - 4,328 3,000 1,328 Site Coverage (acres)0.653 1.260 0.441 0.446 0.460 0.053 0.056 3.37 4.73 1.36 Site Coverage (% of whole 18.9 acre site)3.5%6.7%2.3%2.4%2.4%0.3%0.3%17.8%25.0%7.2% Attachment E Attachment F Attachment F Attachment F Attachment F 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Matt Pielsticker, AICP, Planning Director RE: Resolution 20-08, Approving Fee Waivers and Rebates for Community Housing Improvements at Wildwood South DATE: April 6, 2021 SUMMARY: The owners of Wildwood South Townhomes, represented by Denise Gallagher, are requesting fee waivers for an upcoming capital improvement project (Attachment A). The project includes reroofing and residing the entire project. The property is governed by a price-capped, owner occupied deed restriction agreement that meets the definition of Community Housing per Chapter 3.14, Community Housing Incentives, Avon Municipal Code. Council can act on Resolution 20-08 (Attachment B), approving the fee waiver and rebate request. FEE WAIVERS AND REBATES: The fee waiver request was submitted in accordance with Chapter 3.14 of the Avon Municipal Code. Based upon an updated proposal (Attachment C), and additional information provided by the contractor, the waivers would amount to the following: • Development & Design Review Fee: $75 • Plan Review and Building Permit Fees: $4,500 (estimated) • Sales Tax on Building Materials and Fixtures: $6,000 (estimated) Staff is recommending approval of the waiver request and propose that the sales tax on building materials and fixtures be handled as a rebate (not waiver) since it is easier to track and confirm actual amounts remitted by the contractor. COUNCIL OPTIONS: Potential options for Town Council include: - Request additional information. - Approve Resolution 20-08 as drafted, approving waiver and rebates. - Approve Resolution 20-08, with modifications. - Deny the request. PROPERTY DESCRIPTION: The property is located at 1011 West Wildwood Road in the Wildwood portion of Wildridge Subdivision. The site measures approximately 2 acres, and there are a total of twelve (12) dwelling units split between two (2) buildings: 6 townhome configured units in each building. There is a mix of 2 bedroom and 3 bedroom units. The 2 bedroom units measure 1,020 square feet and the 3 bedroom units measure 1,266 square feet. Construction quality is listed as “average” per the Eagle County Assessor’s office, however, it has been described as poor construction by multiple property owners. Page 2 of 7 Vicinity map of Wildwood Townhomes and Wildwood Neighborhood BACKGROUND: Development of the project began in 1991, with substantial completion in 1992. The Town of Avon, acting by way of the Avon Housing Authority, was the developer. Colorado First Construction completed the construction on behalf of the Authority and many value engineering decisions ultimately affected the function and final product. All units were sold to “Qualified Buyers” per the Deed Restriction agreement. Three of the original owners still retain their units, while other units have transferred over the years. The most recent sale took place in 2011 for $140,500. Current valuations range between $150,000-$225,000 depending on the unit size and interior capital improvements. DEED RESTRICTION: The Deed Restriction Agreement (Attachment D) provides for simple 3% interest per year. Capital improvements within units are permitted to be included for qualified work valued at 10% of the initial sales price in every 10-year period. The valuation of these exterior common improvements can be spread across individual properties as a pro rata share. RECOMMENDATION: My recommendation is to approve Resolution 20-08, thereby approving the fee waiver and rebate request to perform capital improvements at Wildwood Townhomes South. Thank you, Matt ATTACHMENTS: A - Cover Memorandum, dated April 6, 2021 B – Resolution 20-08 C – Construction Proposal D – Wildwood Deed Restriction Agreement Page 3 of 7 CURRENT CONDITIONS Page 4 of 7 Page 5 of 7 Page 6 of 7 Page 7 of 7 Attachment A Res 20-08 Wildwood South Waiver & Rebate Page 1 of 2 TOWN OF AVON RESOLUTION 21-08 WAIVING DEVELOPMENT REVIEW FEES, WAIVING PLAN REVIEW AND BUILDING PERMIT FEES, AND REBATING SALES TAX ON BUILDING MATERIALS RELATED TO A ROOFING AND SIDING PROJECT AT WILDWOOD SOUTH TOWNHOMES WHEREAS, Wildwood South Townhome Owners Association (“Association”) own common elements on real described as 1011 Wildwood Road, Avon, Colorado (“Property”); and WHEREAS, the Town of Avon (“Town ”) developed the Property in 1991 and 1992 in an effort to address the growing demand for price -controlled, resident occupied housing; and WHEREAS, the Property’s common elements, including roofing and siding, have fallen into disrepair in recent years; and WHEREAS, the Avon Town Council (“Council ”) adopted Ordinance 19-01 on June 25, 2019, an ordinance setting forth a process whereby the Avon Town Council may waive or reduce certain fees related to promoting Community Housing projects; and WHEREAS, the Association intends to make a one-time expenditure in order to improve the siding and roofing of the Property (“Community Housing Project”) by levying assessments on members of the Association; and WHEREAS, the Association submitted a request to the Town on April 6, 2021 detailing how the Community Housing Project meets the Community Housing Plan, including a request to waive applicable development plan review, plan review, and building permit fees (“Waiver”) and rebate applicable sales tax on building materials and fixtures (“Rebate”); and WHEREAS, the Council finds that the Community Housing Project is unique in that the Town acted as the original developer and was responsible for the siding and roofing to be replaced; and WHEREAS the Council finds the promotion and support through the waiver of development review and permit fees, and rebate of sales tax on building materials and fixtures delivered to the Community Housing Project will maintain the Community Housing Project as viable and vibrant Community Housing and promote the health, safety and general welfare of the Avon community by further maintaining affordability of a local employee housing project. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the request for the Waiver and Rebate as follows: Attachment B Res 20-08 Wildwood South Waiver & Rebate Page 2 of 2 Section 1. The Council hereby finds this Waiver and Rebate is necessary to promote Community Housing that will meet the current and projected housing needs for the Avon community. Section 2. The Council hereby finds a continuing public benefit from the Community Housing Project. Section 3. The Council hereby grants a waiver of development plan review, plan review, and building permit fees applicable to the Community Housing Project. Section 4. The Town hereby agrees to rebate sales tax applicable to the Community Housing Project, which waiver shall only apply to the purchase of building materials and fixtures delivered to the Community Housing Project. Each person owing tax on the sale of building materials and fixtures used in the Community Housing Project shall maintain documentation detailing the building materials and fixtures purchased and shall maintain such records as required by the Chapter 3.12 Sales Tax of the Avon Municipal Code. ADOPTED April 13, 2021 by the AVON TOWN COUNCIL By: Sarah Smith-Hymes, Mayor Attest: Brenda Torres, Town Clerk Attachment B Attachment C Attachment C Attachment C Attachment C Attachment C Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Res 21-09 Repeal of Ord 20-08 Indoor Face Covering DATE: April 8, 2021 SUMMARY: Resolution 21-09 is presented to Council for the purpose of repealing Ordinance No. 20-08 Indoor Face Coverings. Avon Town Council adopted Ordinance No. 20-08 in late June, 2020 in response to increasing COVID-19 infection rates, growing awareness and consensus on the benefits of facing coverings to slow the transmission of COVID-19, and in anticipation of a significant influx of visitors for the fourth of July week-end. Soon after adopting the face covering regulation Eagle County adopted a similar regulation, and then the State of Colorado adopted “mask mandates.” Adoption of Resolution 21-09 ONLY results in deferring to the current Eagle County and State of Colorado public health orders, which still requires indoor face coverings. COUNTY AND STATE PUBLIC HEALTH ORDERS: At this point, the Town of Avon’s regulation is very similar to the Eagle County and State of Colorado public health regulations. Due to the strong and growing pace of providing vaccinations to the public, the State of Colorado has indicated that they intend to relax and phase out public health orders at the State level over the next two months. Vail and Beaver Creek indicated that they anticipate repealing their local mask regulations after the ski areas have closed. Due to the anticipated changes and phase out of public health orders over the next two months, I believe it would be the most efficient for the Town of Avon to repeal Ordinance No. 20-08 and simply follow the Eagle County and State of Colorado public health orders. Ordinance No. 20-08 included Section 6 which allowed for automatic repeal of this indoor face covering regulation when “Council declares that the COVID-19 public health emergency with the Town of Avon has passed.” Resolution 21-09 is drafted to narrowly cite that provision and explicitly acknowledge that Avon is subject to, and will follow, County and State public health orders. PUBLIC NOTIFICATIONS: I will work with Staff to provide press releases and notifications to clarify that the repeal of Ordinance No. 20-08 does not impact the existing County and State public health orders which continue to require wearing face coverings indoors and outdoors where 6’ of social distance separation cannot be maintained. PROPOSED MOTION: “I move to approve Resolution No. 21-09 Repealing Emergency Ordinance No. 20- 08 Concerning Indoor Face Covering Requirements.” Thank you, Eric ATTACHMENT A: Resolution No. 21-09 Repealing Emergency Ordinance No. 20-09 Concerning Indoor Face Covering Requirements ATTACHMENT B: Ordinance No. 20-08 Emergency Ordinance Adopting Indoor Face Covering Regulations ATTACHMENT C: Public Comments Res 21-09 Repealing Ord. No. 20-08 Page 1 of 1 RESOLUTION 21-09 REPEALING EMERGENCY ORDINANCE NO. 20-08 CONCERNING INDOOR FACE COVERING REQUIREMENTS WHEREAS , the Avon Town Council (“Council”) adopted EMERGENCY Ordinance No. 20- 08 ADOPTING A NEW CHAPTER 8.44 OF TITLE 8 OF THE AVON MUNICIPAL CODE REGARDING INDOOR FACE COVERING REQUIREMENTS on June 30, 2020, in response to COVID-19 pandemic conditions; and WHEREAS , since the adoption of Ordinance No. 20-08, Eagle County and the State of Colorado have adopted face covering requirements and other various public health orders which have been amended several times; and WHEREAS , Eagle County has provided opportunity to receive the COVID-19 vaccination for the most vulnerable portion of the county population and for essential workers, and continues to provide the opportunity to receive the COVID-19 vaccination for an expanding portion of the Eagle County population; and WHEREAS , Governor Polis indicated that the State of Colorado is modifying the state wide face covering order and anticipate repealing state public health orders and delegating public health decisions related to COVID-19 to the local level over the next several months; and WHEREAS , the Council finds COVID-19 hospitalizations have decreased; and WHEREAS , the Council finds that the repeal of Ordinance No. 20-08 will simplify the face covering requirements and public health orders applicable in the Town of Avon and will allow for more efficient application of amended public health orders over the next several months, which will reduce confusion for residents, visitors and the Avon business community; and WHEREAS , Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the public health emergency is hereby declared passed as described in Section 6. Repeal of Ordinance No. 20-08; that such declaration is for the sole purpose of automatically repealing Ordinance No. 20-08; and that such declaration shall not affect any other emergency declaration for the purposes of receiving state, federal or other funding. BE IT FURTHER RESOLVED that Council acknowledges and reaffirms that all public health orders of the State of Colorado and Eagle County shall apply and remain in effect in Avon, as public health orders may be amended from time to time, until repealed. ADOPTED on April 13, 2021. AVON TOWN COUNCIL By:_________________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT A: Resolution 21-09 Avon C 0 l 0 R A D 0 EMERGENCY ORDINANCE NO. 20-08 ADOPTING A NEW CHAPTER 8.44 OF TITLE 8 OF THE AVON MUNICIPAL CODE REGARDING INDOOR FACE COVERING REQUIREMENTS WHEREAS, COVID-19 is a highly contagious virus that has spread throughout the United States, including the Town of Avon, Colorado (the "Town"); and WHEREAS, COVID-19 may cause serious illness and death, especially with respect to elderly persons or those with underlying health conditions; and WHEREAS, on January 30, 2020, the World Health Organization declared the worldwide outbreak of COVID-19 a public health emergency of international concern; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared COVID-19 a public health emergency; and WHEREAS, on March 6, 2020, Eagle County declared a local disaster; and WHEREAS, on March 10, 2020, in response to the spread of COVID-19, Governor Polis declared a state of emergency; and WHEREAS, on March 19, 2020, the Avon Town Manager declared a local disaster emergency, and Town Council extended such declaration on March 24, 2020; and WHEREAS, the Town Council reaffirms that protecting public health is the Council's top priority; and WHEREAS, the Town Council is empowered by Section 31- 15-401(1)(b), C.R.S., to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the Governor of the State of Colorado and the Colorado Department of Public Health and Environment have acknowledged that the wearing of face coverings in public settings is beneficial and helps to prevent the spread of COVID-19; and WHEREAS, this ordinance is adopted to attempt to limit the health impacts of COVID- 19 within the Town by establishing requirements for the public to utilize face coverings when inside places of business within the Town that are open to the public, or when members of the public are unable to maintain safe social distancing (six or more feet separation) from others not of their own household, and to thereby slow the spread of COVID-19 within the Town; and Ord 20- 08 — Adding Chapter 8.44 — Regarding Indoor Face Coverings — June 30, 2020 Page 1 of 4 ATTACHMENT B: Ord 20-08 WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading with the concurring vote of five (5) Council members after posting notice of a public hearing and conducting a public hearing. 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 Avon Town Council. Section 2. Addition of Chapter 8.44 to Title 8 of the Avon Municipal Code. Chapter 8.44, Indoor Face Covering Requirements" is added to Title 8, "Health and Safety," of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 8.44 to Title 8 of the Avon Municipal Code, attached hereto. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Avon 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 tenn "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption in accordance with Section 6.6 of the Charter. Section 6. Repeal. This ordinance shall be automatically repealed at such time as the Town Council declares that the COVID-19 public health emergency within the Town has passed. Section 7. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 20-08 — Adding Chapter 8.44 — Regarding Indoor Face Coverings — June 30, 2020 Page 2 of 4 ATTACHMENT B: Ord 20-08 INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on June 30, 2020. BY: Sarah Smith Hymes, Mayor APPROVED AS TO FORM: ul Wisor, Town Attorney ATTEST: Ord 20-08 — Adding Chapter 8.44 — Regarding Indoor Face Coverings — June 30, 2020 Page 3 of 4 ATTACHMENT B: Ord 20-08 EXHIBIT A: CHAPTER 8.44 CHAPTER 8.44 — Indoor Face Covering Requirements 8.44.010 — Purpose and Intent. It is the purpose and intent of this Chapter to adopt requirements for the use of face coverings while indoors in the Town of Avon during the coronavirus pandemic to reduce the spread of the coronavirus in the Avon community, including residents and visitors, This Chapter 8.44 shall not supersede or replace any requirement adopted by Eagle County or the State of Colorado which is more strict. 8.44.020 — Definitions Face Covering means a medical or non-medical cloth face covering that covers the nose and mouth and remains affixed in place without the use of one's hands. 8.44.030 — Indoor Face Covering Requirements All persons shall wear face coverings when entering and at all times while inside the areas of a business which is open to the public, subject to the following exceptions when a face covering shall not be required: A. When wearing a face covering would inhibit an individual's health due to an existing health condition; B. Persons under two years of age; C. When seated for dining or consumption within a restaurant or bar; D. When receiving personal or health services that require access to the mouth or nose, including but not limited to dentistry or dermatology; E. When exercising in a gym or fitness center when wearing a face covering is not physically possible; F. During an indoor office meeting that is not open to the general public when persons can maintain at all times a minimum social distance of six feet; and, G. During a special event under a special event activity permit issued by the Town that identifies persons who may be exempt and includes such conditions as may be imposed by the Town. 8.44.040 — Enforcement The Town Manager, including the Town Manager's designee, is authorized to enforce this Chapter 8.44 by promulgating and publishing guidance and information to private businesses, receiving complaints, issuing warnings to businesses, and suspending a business license for up to a maximum of ten (10) days, Guidance for enforcement includes strong reliance on communication, education and warnings for businesses and any suspension business license shall only be appropriate in circumstances where non- compliance occurs after two or more warnings or when knowing and flagrant non-compliance occurs. Ord 20-08 — Adding Chapter 8.44 — Regarding Indoor Face Coverings — June 30, 2020 Page 4 of 4 ATTACHMENT B: Ord 20-08 From:noreply@civicplus.com To:Council Everyone Group Subject:Online Form Submittal: Public Comment Date:Tuesday, April 6, 2021 8:56:27 AM Public Comment CONTACT TOWN STAFF & ELECTED OFFICIALS Name Brooke Smith Email Address brooke.brooke35@gmail.com Phone Number 3038185618 Address Field not completed. City Edwards State Field not completed. Zip Code Field not completed. Department you wishto contact Avon Town Council Message Please drop the mask mandate; especially outdoors. There has been ZERO science showing you can get Covid-19 outdoors. Time to shift the fear that has been created this past year. There have been many days with no new Covid cases at all. Time to end the masks; especially in schools! thanks Email not displaying correctly? View it in your browser. ATTACHMENT C: Public Comment 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Open Container Designation DATE: April 9, 2021 SUMMARY: This report provides an update on Open Container declarations for the extended summer season in Avon. Council discussion or direction is welcome. Avon Municipal Code Section 9.12.080 (c)(4) authorizes EITHER the Town Council or the Town Manager to permit public consumption of alcohol on designated public properties and/or public rights-of-way. Last year, after consultation with Council, I designated Nottingham Park, the Main Street Pedestrian Mall and other parks as permitted public areas for open container and public consumption, meaning that persons at least 21 years of age were permitted to purchase their own alcohol and bring it to these public areas for public consumption. This was in response to the COVID -19 pandemic and initial limitation of restaurant operations to take-out only. Avon Public Works also ordered and placed over a dozen new picnic tables in Nottingham Park and the Main Street Pedestrian Mall. 2021 OPEN CONTAINER DESIGNATION: I intend to ONLY designate Nottingham Park as permissible for open container consumption this year. Restaurants will be able to utilize outdoor seating as soon as the weather permits commencing on April 14 and continuing through November 1, 2021. There is no anticipation that restaurants will be limited to take-out only this summer. Also, there is indication that indoor dining capacity restrictions may relax over the course of the summer. There were some complaints about open container consumption on the Main Street Pedestrian Mall. Limiting open container consumption to Nottingham Park will avoid confusion as well as inappropriate consumption near the Avon Recreation Center. Open container practices will be monitored this summer. If this designation is the right policy for the Avon community then I anticipate that open container designation for Nottingham Park would occur every spring through fall. COORDINATION WITH OPTIONAL PREMISE LICENSE: The Town of Avon holds an optional premise license for Nottingham Park, which is intended primary for the Avon Pavilion Stage, Main Field area and Terrace. Open container will not be allowed in event areas that sell alcohol. Staff will provide ample public notification and information prior to events and through event signage, perimeter designation and security to clarify that persons are not allowed to bring their own alcohol into any event areas that sell alcohol. COUNCIL DIRECTION: Council discussion or direction is welcome but Council action is not required to proceed with this designation. Thank you, Eric 970-748-4004 eheil@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Quarterly Update on 2021 Department Goals DATE: April 8, 2021 SUMMARY: During the two January Council meetings, we presented an overview of the many goals and plans of the Town of Avon Departments. This list of Department Goals presents an ambitious and full list of intended activities in addition to the regular function of each Department. An update on progress and/or completion will be presented quarterly. Council will have the opportunity to review progress and ask questions, make comments and provide further direction if desired, including additional, removal or re- prioritization of goals. FIRST QUARTER UPDATE: GENERAL GOVERNMENT 1. Establish a “State of Town” Document or Video: Avon will create a “State of the Town” presentation that will review highlights from 2020 and provide an overview and outlook for significant projects in 2021. State of the Town video presentation is scheduled to be presented to Council at the April 27, 2021 Council meeting. 2. Holy Cross Electric Franchise Agreement Renewal: The Holy Cross Electric Franchise Agreement is required to be renewed. This is a twenty-year agreement that expires on February 28, 2021 and needs to be renewed. A report and draft ordinance for first reading will be presented in January to Council. COMPLETED. 3. Implement Bang the Table Community Engagement Platform: Council approved the “Bang the Table” Community Engagement Platform in fall of 2020. Staff is preparing a variety of Town projects to post on this new platform. The goal is post approximately nine separate projects by the beginning of February and then review performance, functionality and usage with Council in April. First phase is completed with 5 projects published. Community Survey and Harry A. Nottingham Park, East Design Project is planned to be published by mid-April. Presentation to Council was provided on March 23, 2021, along with review of performance and usage. Follow-up on review of performance and usage is planned to occur during the 3rd quarter. 4. Update Procurement Code: The existing Procurement Code was adopted in 2010. Staff has a working draft of a revised and updated Procurement Code to present to Council at the end of February. Adoption of the revised Procurement Code would occur by Resolution. Updates the Procurement Code are planned to be presented to Council at the May 11, 2021 Council meeting. Page 2 of 19 5. Update Avon Brand Guidelines: Avon adopted Brand Guidelines in 2016 which establishes colors, fonts and standards for use of the Town logo. Since its adoption, Avon has not used some color formats, has integrated other colors, has returned to the “Heart of the Valley” tag line and has established the Heartbeat Newsletter. The update to the Avon Brand Guidelines document will incorporate current practices for marketing, communications and documents and will bring the document in-house so that it can be updated more easily. Brand guidelines were updated in February and a written report was presented to Council. Per Council request, we will bring back the brand guidelines update for work session discussion with Council in May or June. 6. Update Contract Archive Procedures: All contracts are public documents and are required to be archived by the Town Clerk. Avon has not established written or uniform procedures for transmitting contracts to the Town Clerk’s office. Staff is currently creating a transmittal letter and uniform process for all Departments to transmit executed contracts to the Town Clerk’s office. We are also exploring placing all Town contracts in a designated folder under public records that can be accessible on the Town’s website. General Government has updated is procedures for contract archiving and is in the process of implementing with all departments. A written report from Town Clerk Brenda Torres will be provided in the 2nd Quarter. 7. Promote Recycling for Multi-Family and Accommodations Buildings in the Town Core: The West Town Center area has the highest concentration of multi-family and accommodations buildings. Staff will develop a contact list, determine existing practices, organize open house meetings with the building managers, and identify opportunities to promote recycling for these properties. Staff is in the process of contacting existing multi-family buildings and is scheduled to present a report to Council on May 11, 2021. 8. Collect Residential Sales Data: Currently, approximately 50% of residences in Avon are occupied by full-time residents as their primary residence. The Avon Community Housing Plan states the goal to preserve this ratio of at least 50% primary residence occupancy of residential properties. In order to monitor and track compliance with this goal, residential sales data should be collected each year to determine the loss or gain in primary residence occupancy as well as to track real estate prices in relationship to affordable and accessible housing. Staff is scheduled to determine the process to collect residential sales data and present to Council at the April 27, 2021 Council meeting. 9. Adopt Recall Procedures by Ordinance: Avon Home Rule Charter states that Avon may adopt Recall Procedures by ordinance. Avon has not adopted Recall Procedures. Other municipalities have adopted Recall Procedures which typically include forms and instructions which are more accessible to the public. This goal is on hold until the Eagle County District Court rules on the pending recall declaratory judgment action. 10. Establish a Climate Action Investment Matrix: Avon appropriates and invests funds every year to implement greenhouse gas reduction and advance climate action goals. Establishment of an investment matrix is a carry-over project from 2020. The intent is to summarize various climate action projects, the financial investment for each project, the reduction of greenhouse gas and then provide a comparison of return on investment for various projects. Staff is scheduling time in April to gather data from each Department on greenhouse gas emissions and how to present this information in an investment matrix. We have scheduled to present information to Council at the May 11, 2021 Council meeting. Page 3 of 19 11. Research Net Zero Communities: Avon endorses the Net Zero Mountain Town 2030 goals of reducing community greenhouse gas emissions to a “net zero” level. This goal involves researching and presenting the actions, economy and lifestyle of communities that have achieved net zero greenhouse gas emissions. Staff is compiling research and information on net zero communities and provide a presentation to Council in work session during the 4th quarter 2021. 12. Comcast Franchise Renewal: The current Comcast Franchise Agreement expires at the end of 2022. A cable franchise agreement renewal process typically requires a year. The goal is to review the process and then commence by the end of 2021 and conduct the majority of the renewal process in 2022. This goal is planned to start in the 4th quarter of 2021. 13. Trademark Logos and Names: Identify various logos, marks, event names and tag lines used for Avon’s brand and file appropriate action to trademark and protect this branding and marketing intellectual property. This goal is planned to start in the 2nd quarter of 2021. A written report is scheduled to be provided to Council in the 3rd quarter of 2021. 14. Art in Avon: Art in Avon will solicit artists to create outdoor art works that can be displayed in various locations in Avon for a year and then would be replaced each year with new artwork. Artists receive a modest commission to assist with material costs and the artwork is displayed for potential sale. It would be featured each year and would be promoted with self-guided walking tours. This goal is substantially underway. A written report was provided to Council on February 23, 2021. A follow-up work session is scheduled for June 22, 2021. 15. Recreation Center Mural: The Avon Recreation Center has three large blank cinder block walls on the south side of the building facing the Avon Main Street Mall. This area was identified for installation of mural art in a manner similar to Lettuce Shed Lane. This goal is substantially underway. A diverse review committee has been established to review over 25 mural submissions. This project is on track to be implemented in early summer. 16. Conduct 2021 Community Survey: A biennial survey would be conducted in the late spring to solicit input on Town services and pending policy questions. The community survey will be sent to residents, property owners and business owners in Avon. Staff is in the process of working with the CASE Committee and Health and Recreation Committee on various survey questions. A work session 17. Conduct Long Range Avon Vision Process to Replace Former Strategic Plan: A vision document will be created that describes how the Avon community desires to see Avon in 10 to 20 years along with strategic policies to achieve this vision. This goal will start in the 3rd Quarter after the results of the Community Survey have been compiled. 18. Establish Winter Marketing Plan for 2021-2022 Ski Season: A winter marketing plan will be created which reflects the values of the Avon community and seeks to attract visitors during the winter which are compatible with Avon’s community values. This goal will start in the 3rd Quarter in preparation for the 2021-2022 Winter Season. 19. Update discoveravon.org website: The Discover Avon Website will be updated to establish a more attractive and user-friendly destination marketing website ready to serve the Town’s future marketing Page 4 of 19 plan. Updates to Discover Avon Website are nearly finished, and this marketing website will be presented to Council at a work session in the 2nd Quarter. 20. Research Home Office Licenses: A business license is required for residents working from their home office in Avon. Staff will research best practices in peer communities. A written report will be presented to Council on the April 13, 2021 Council packet and a work session for review and direction will be scheduled in the 2nd Quarter. FIRST QUARTER UPDATE: FINANCE 1. Implement Tyler Incode ERP System: The Finance Department proceeded with the Tyler Technologies software upgrades to replace Sungard and PowerPlan in the fall of 2020. All of the Town’s accounts will be transferred over and entered into the Tyler Technologies software platform and Staff will be trained on using this new platform for all budgeting and financial matters. An overview of the new platform and functionality will be presented to Council in early 2021. Finance staff has been involved with the implementation of the new ERP (Enterprise Resource Planning) system since the first quarter of 2020 when the planning process with Tyler began. The implementation has been done entirely remotely which I believe was a first for Tyler. Planning. The planning phase consisted of sharing information with Tyler in order for them to begin the task of setting up our new systems with the Town’s chart of accounts, vendors, banking information, personnel files, payroll data, budget, general ledger balances, fixed asset records, forms and much more. Amy Greer, Robert McKenner, and I held biweekly project planning meetings with our Tyler project manager through the end of the year. Implementation. Beginning November 1, we began configuration meetings with our implementation consultant. These meetings ran 4 days per week for 4-6 hours per day for several weeks through the end of December. These meetings involved various staff based on the module being implemented and included administrative setup and security, user setup, establishment of internal processes, review of converted data, reporting, etc. This also included two parallel payroll runs at the end of December and beginning of January. A parallel run involves preparing and running the Town’s entire payroll on the old SunGard system as well as on the new Tyler Incode ERP system in order to make sure all payroll totals, taxes, benefits, and deductions match each other. Go Live. The Town went live with the general ledger in Incode on January 4, the first workday of the new year. Since then we have gone live with all modules with the exception of Accounts Page 5 of 19 Receivable. This includes cashiering, purchasing, accounts payable, personnel management, payroll administration, fixed assets, project accounting, and bank reconciliations. The position budgeting module and the budget portion of general ledger have been implemented but not really used yet. The Go Live process ran 1–5 days for each module averaging 4–6 hours per day over several weeks with staff working through remote screensharing with our Tyler Go Live consultant. Shortly after each module went live for Finance, the Finance staff then trained departments to utilize various components including creating requisitions, approving requisitions, viewing and managing purchase orders, and invoice entry. As Finance continues to use and better learn the Incode system and the myriad of reports available, we will assist end users in setting up and customizing their dashboards. We will train on and begin using the position budgeting module and budget as we get closer to budget season this summer. The 2020 year-end audit is a hybrid of two systems and may be a little challenging as only general ledger balances from SunGard (not detailed transactions) were migrated into Tyler. Reporting and system integration is significantly improved and should enhance end user’s experience and efficiency in gathering management data. 2. Implement ClearGov Budget Platform: Council approved the Clear Gov Budget website platform to improve the public’s ability to review and understand the Town’s budget. A presentation to Council will be scheduled in early 2021. The ClearGov Digital Budget and Transparency platform has been completed for the 2021 adopted budget. Links have been provided to both the digital budget and the Transparency platform. The Transparency platform is different from the digital budget in that it provides demographic snapshots of Avon for various years, including population, household, economic, and housing data. It also provides an overview of the Town’s debt, revenues, and expenditures in an easy to understand manner with graphics and interactive screens. A demonstration of the platform is scheduled for the April 27 Town Council meeting. For the 2022 budget year we plan to add information regarding capital projects, maps, project descriptions, budgets, and more detail. This platform is very dynamic and the Town can upload additional information to the Transparency platform at any time. 3. Create a Public Real Estate Transfer Tax Analysis Document: Questions concerning the Town’s real estate transfer tax arise periodically. A comprehensive analysis of the Town’s real estate transfer tax will be prepared and presented to Council in early 2021. Finance staff provided data to the Town Manager in order to create a very thorough PowerPoint document that was presented to the Finance Committee on January 28. A follow-up with the Town Manager is needed to decide next steps, if any. 4. Broadband Planning Project: Town has contracted with HR Green to conduct a Broadband planning analysis, which will include conducting a market assessment, determining community preferences, and analyzing the broadband activities of our peer mountain resort communities. A kick-off meeting with HR Green was held in late February. Tasks for the projects and completions dates were agreed on (See task list below). A residential/business broadband survey has been published on the Engage website. The survey closes April 30. Participation in the survey so far has been very Page 6 of 19 limited. An advertising plan to increase survey participation has been implemented. Next, HR Green will be scheduling individual and group meetings with key anchor institution. Phase 1 – Public Outreach Task 1 – Community Needs Assessment March - April Task 2 – Market Assessment March – April Task 3 – Assessment of Private Broadband Resources April – May Task 4 – Peer Community Summary March - April Task 5 – Inventory & Assess Asse ts/GIS Tool March – May Task 6 – Establish Community Broadband Vision May Task 7 – Identify Smart City Synergies April - May Phase 2 – Planning Task 1 – Conceptual Network and Infrastructure Requirements May-June Task 2 – Develop Financial Feasibility Model June – July Task 3 – Complete Broadband Master Plan & Executive Summary July - August Meeting – Final Report & Presentation August 2021 Timeframes for Finance Department Goals 5-13 are to be determined. 5. Research Sales Tax on Vehicle Purchases and Leases: Staff will research the total sales tax paid for vehicle purchases in the Town of Avon in order to present information on the potential financial incentive for sales tax waivers for electric vehicle purchases. 6. Refresh Financial and Budgetary Policies: The Town’s budget includes Financial and Budgetary Policies which are re-adopted each year. Staff will review and present proposed revisions to the Financial and Budgetary Policies to the Finance Committee for inclusion in the draft budget for 2022. 7. Update Financial Comparison of Peer Communities: Town conducted comprehensive comparisons of the Town’s tax structure with neighboring communities in Eagle County. Staff will update those comparisons and expand to include our primary comparator communities of Breckenridge, Frisco, Silverthorne, Snowmass, Steamboat Springs, Telluride and Vail. 8. Research Portion of Avon’s Revenues from Visitor Economy: Staff will conduct an analysis to determine the share of the Town’s revenues that are derived from the visitor economy. 9. Establish Long-Range Planning Projection per Budget Policies: The Budget Policies state that long-range planning projections should be established. Staff will prepare long-range planning projections for presentation and review by the Finance Committee. 10. Establish Improved Public Involvement Process and Budget Schedule: Staff will establish and execute an improved budget schedule for public involvement for the 2022 budget process. 11. Establish Improved Assessment of Revenues and Costs for Identified Activities: Staff will utilize the Tyler Technology platform to identify activity areas, such as Recreation Center, Transit, Page 7 of 19 Fleet operations, and Special Events, and present revenues and expenses with those activity areas to promote understanding of cost and financial goals to balance revenues and expenses in specific activity areas where possible. 12. Present Legal and Financial Analysis of Use Tax: Staff will prepare an overview of sales and use tax as commonly used throughout Colorado, potential revenues, potential dedication of such revenues for designated purposes such as capital improvements or community housing, and present that information to the Finance Committee. 13. Research Marijuana Tax: Staff will research this opportunity and prepare a report and present that information to the Town Council. As of 4/1/2021 Finance Department has completed the migration to a new purchasing card system with UMB Bank and are no longer using First Bank debit cards. The new purchasing cards allow users to upload receipts and coding electronically and allow finance to upload and post transactions electronically to our general ledger. This is a much more efficient process for Finance, and will eliminate the need for most petty cash checks. In addition, Finance is completing work on the annual audit, a use tax research project, and work on setting up the Online Travel Companies (OTCs) pursuant to the Town’s recent sales tax and accommodation tax ordinances requiring these marketplace retailers to collect and remit taxes to the Town. 14. Research & Implement Blended Virtual/In-Person Format: Council indicated they would like to offer virtual participation as an option once/after Council goes back to meeting in-person in Council Chambers. Staff will research and implement the technology to host such a “blended” meeting. This is a multi-layer project with solutions to be developed for all conference meeting rooms in addition to Council Chambers. Initial focus and priority is the ability to have seamless in-person Town Council meetings with members of the public, staff and others able to participate both visually and audibly by remote access as well as being physically present. In addition, a secondary goal is be able to provide the same level of service for other public meetings held in the Council Chambers where High 5 Media is not present. On April 1 and 2 JK Perry and Robert McKenner tested a hybrid solution. On April 5 JK and Robert are presenting the recommended solution to the Town Manager, Mayor and Mayor Pro Temp. If the solution is acceptable a budget will need to be developed to modify the audio/visual system in Council chambers. Page 8 of 19 FIRST QUARTER UPDATE: HUMAN RESOURCES 1. Comparison of Benefits in Peer Communities: Staff will conduct a comprehensive review of employee benefits offered in our peer communities, including our primary comparator communities. This was completed in the 1st Quarter. In addition, we completed a separate review of how our comparators (and other communities of interest) have treated merit increases and range adjustments in 2020 and for 2021. A written report will be presented to Council for the April 27 meeting. 2. Implementation of Customer Service Training Program: Staff will establish and implement a customer service training program that provides uniform training and sets uniform expectations for how Town Staff interacts with the general public. This project is in progress and is scheduled to be for the summer season. 3. Implementation of Performance Evaluation Training Program: Staff will establish a training program for Directors and Supervisors to conduct performance evaluations with the updated performance evaluation criteria. Implementation is scheduled for the 2nd Quarter for initial training and the 3rd Quarter for refresher training for all Department Directors and Supervisors prior to conducting performance evaluations this fall. 4. Implementation of Annual or Semi-Annual Pulse Survey: Staff will establish and implement a ‘pulse survey’ to be sent to all Town employees to gather input on working conditions, concerns, and recommendations for improved practices. A Pulse Survey for fulltime employees was completed in the 1st Quarter. The Pulse Survey was very successful with 87 respondents out of 95 total full-time employees. The results were recently reviewed with the Town Manager. A report to all Town Employees will be provided in the next two weeks which will be copied to Council. 5. Update American with Disabilities Act Coordinator: The Town adopted by resolution designations and processes for an American with Disabilities Act Coordinator in 1993. Staff will update this document in 2021. An initial review of peer communities has been completed. Staff will draft a resolution to comply with ADA and ADAAA, appoint a Coordinator, and implement in the 2nd Quarter. 6. Assess Human Resources Information Systems (HRIS): Staff will assess the utility, functionality, costs and benefits for a Human Resources Information System in 2021 and propose options and recommendations for adoption in 2022. HR and IT have agreed to a Request for Information (“RFI”) document to be sent to select vendors. Prior to that, we want to evaluate both the new Tyler system in Finance, and the new Microsoft Viva HR system which could be linked into our Office 365 subscription. This project is ongoing. HR may seek to accelerate selection of a Page 9 of 19 vendor and implementation in calendar year 2021 so that this new system is in place and utilized on January 1, 2022. FIRST QUARTER UPDATE: COMMUNITY DEVELOPMENT 1. Implement Bang the Table for Planning Projects: Approximately half of the Bang the Table projects will be planning and development projects overseen or administered by the Community Development Department. Staff will actively participate in developing content for the Bang the Table platform. Community Development has worked with General Government to learn how to effectively utilize this new platform. Content has been uploaded for USFS 7-779, with a high volume of commentary. Harry A. Nottingham Park, East improvements are being built for that project launch in early 2nd Quarter. 2. Update Avon Community Housing Plan: Staff will update the Avon Community Housing Plan to reflect decisions and direction since its adoption. After a public hearing with the Planning and Zoning Commission the plan returns to Town Council for consideration by Ordinance in the second quarter. 3. Implement SmartGov Permit and Planning Software: Staff will implement the SmartGov Permit and Planning Software to improve Department efficiency. The past several months have focused on configuration. The new Community Development software is scheduled to “go live” the week of April 12th. Smartgov software allows for 100% paperless submittals, app-based inspection requests and resulting, as well as online payments (finally!). This will improve customer service and administrative efficiency. 4. June Creek Road Emergency Access: Staff will lead Town’s efforts to coordinate with the Berry Creek Metropolitan District, Eagle River Fire Protection District, Eagle County Emergency Management and other stake holders to pursue establishment of an emergency vehicle access on June Creek road. Last fall members of the Avon Police Department, Eagle River Fire Protection, Singletree Property Owners Association (“SPOA”), and managers met on site to walk this emergency egress corridor. The group agreed that the corridor looks like a feasible vehicular egress route and emergency access (i.e. wildfire vehicles) that can be safety used if minor widening and grading is completed. It became apparent that the area between the USFS June Creek road and the Singletree Road trailhead was the narrowest portion that warrants further study. Two gates are necessary: one at each end of this bottom portion of the route. Marcin Engineering has been retained to complete a survey of the lower portion where improvements will be necessary to accommodate vehicles safely. Once the survey is complete, plans will be produced this summer for presentation and approval by SPOA- the Page 10 of 19 primary landowner. If it is determined that work must take place on private property in the vicinity, then temporary easements may be required. Staff’s goal is for work to commence this year if approvals can be obtained. 5. USFS Road 7-779: Staff will lead Town’s efforts to solicit community input regarding recreational use of USFS Road 779, coordinate with the US Forest Service, determine Council direction where appropriate, and implement such direction. Public comments have been solicited through Engage Avon in addition to feedback received from the 2020 Wildridge Community Survey. Staff has coordinated with the USFS for a new Memo of Understanding to ensure that USFS 7- 779 will remain open under current use and seasonal regulations. 6. Finish Convention Center Footprint Analysis for Old Town Hall Site: Staff will prepare a rough depiction of the footprint of a hypothetical convention center with parking and lodging at the old town hall site to demonstrate scale, feasibility, and limitations of this site. This work is scheduled as part of the Harry A. Nottingham Park, East improvement design process. A fit diagram will be developed to demonstrate existing circulation and use patterns on this site as they relate to a convention center type development. This effort will be conducted primarily as an in-house exercise. 7. Swift Gulch Employee Housing Planning: Staff will lead efforts to conduct initial schematic designs, cost estimating and financial options for the development of Town owned employee housing at the Swift Gulch site. An official kick-off meeting took place on April 1st. That meeting included Town Staff, an architect, builder, and multiple housing professionals well versed in employee housing projects. More updates will be provided to Council as this project advances toward design services. A survey was obtained with the assistance of the Engineering Department, and a fiscal analysis will be developed with assistance from the Finance Department. 8. Title 7 Development Code updates: Staff will present updates to the Development Code including updates to the Sign Code to address revisions on electronic signs and political signs. These code changes are currently drafted and in the process of internal Staff review. The updates will be presented to the Planning and Zoning Commission in a public hearing format in accordance with the Development Code code text amendment process. In addition to various “clean up” and clarifying matters, the code amendments will affect the Sign Code as stated above. These changes will be brought to the Town Council with an Ordinance in the 2nd quarter, after PZC review and recommendations. 9. Harry A. Nottingham Park, East Planning Project: Staff will lead a community-based design effort to consider improvements to Harry A. Nottingham Park, including construction of restrooms and related facilities to support events on the main field and the Avon pavilion. Staff lead the RFQ process for architectural and engineering services to assist with this effort. After interviewing EVstudio, Norris Design, and Zehren & Associates, we selected Zehren & Associates. A contract is being finalized for this first step in the design process. Services will include programming, development of alternatives, open house(s), public engagement including attendance at Avon LIVE events in June and July, and selection of a final alternative to pursue with design documents for construction. Look for Engage Avon to go live with initial Page 11 of 19 information in April, followed by design content and community engagement this spring. Then the schedule turns to design work this summer. 10. Implement Historic Monument Project: Staff will oversee installation of historic photo monuments around Avon and assist with the creation of a walking tour document. Danita Dempsey has led the coordination of the Historic Monument Project. Community Development has continued to assist with organizing and finalizing the project, including obtaining quality imagery for these signs and working with sign fabricators. Installation is planned for early summer, before July 4th weekend. 11. Early Education Capacity Research: Staff will research child care needs for the Avon Community and capacity of local early education providers. This work is scheduled for the 3rd Quarter. Thank you to Councilperson Underwood for sharing the Northwest Colorado Council of Governments study that was recently completed on this topic. 12. Customer Service Survey: Staff will establish a customer service survey that can be provided to development applicants each year to gauge the Town’s customer service and solicit input on recommendations for improvement. A survey was provided in January to all planning application applicants. Overall, p ositive remarks were received all around. This survey tool will be expanded in scope to include building permit applicants, with increased frequency (i.e. quarterly) to garner a better response rate and capture all “customers” of our Department. FIRST QUARTER UPDATE: ENGINEERING 1. Implement Capital Improvements Projects Plan for 2021: Provide written status reports on capital improvements projects to Council at first Council meetings in April, June, August, October and December. The first update is included in the April 13, 2021, Council Packet. 2. Create Public Infrastructure Schedule: Staff will establish a comprehensive schedule of the Town’s public infrastructure, with replacement costs for the next 20 years, including roads, buildings and public facilities. A comprehensive schedule is complete and will be presented to Council at the April 13, 2021 meeting. 3. Research Best Practices by Peer Communities on Site Security Obligations: Staff will research the best practices for site security obligations for construction projects and present a written report to Council with recommendations. A written report will be prepared for Council in the second quarter. Page 12 of 19 4. Prepare Grading Regulations for Utility Maintenance Work: Staff will review existing grading regulations for utility maintenance work and provide recommendations for revisions. A writt en report will be presented to Council in the 3rd quarter. 5. Add Additional Layers of GIS: Staff will continue to develop and add additional layers of GIS to build the Town’s GIS system. The first layers are currently being uploaded to the Town’s GIS system. The irrigation and street light layers will be completed by the third quarter. Staff is preparing a budget that will be presented as part of the 2022 Capital Projects Fund budget proposal. 6. Village (at Avon) Water Bank: Staff will finalize the Village (at Avon) Water Bank schedule and procedures in cooperation with the Village (at Avon) Development Agreement. Staff met with the Traer Creek Development Team in December and are researching other communities’ procedures. They are considering a process where a new development provides an irrigation plan with projected water use and then Traer Creek will evaluate the actual use 3 to 5 years after construction and finalize the allocation. 7. Mayor’s Water Challenge: Staff will research what is involved to participate in this national challenge for potential implementation in 2022. In order to compete, the Town and Mayor sign up for the Challenge and agree to distribute Public Relations documents promoting the challenging. The Challenge runs from April 1 to April 30 every year. I recommend we sign up in January 2022 for the April 2022 challenge. We can outreach to the District and neighboring communities and partner together for the 2022 challenge. 8. Review Water Allocation: Staff will review the Avon water rights allocation to determine if projected water demands for future redevelopment are aligned with water rights and existing water service agreements. This is on-going and is part of each development plan submittal. The Town is currently developing at a lower density then projected in the UERWA Lease Agreement. Staff plans to begin review of overall projected water allocations with UERWA in the 2nd Quarter and complete review as well as reconcile any differences before the end of the 4th Quarter. 9. Energy Conservation Measures: Staff is continually evaluating energy conservation measures at all of our facilities. An energy audit of the Recreation Center was completed in April 2021 and the results are under consideration. Page 13 of 19 FIRST QUARTER UPDATE: PUBLIC WORKS 1. Prepare Level of Service for all park, landscape and street scape maintenance: Staff will prepare a document that describes the level of service for park, landscaping and streetscape maintenance that meets the expectations of the Avon community. A Level of Service document will be prepared in the 2nd Quarter and presented to Council as a written report. 2. Create a schedule of Park, trails and streetscape capitol assest and maintenance program: Staff will create a schedule of Parks, Trails and Streetscape infrastructure that is similar to and will compliment the Public Infrastructure Schedule to be created by the Engineering Department. Public Works is currently inventorying all capitol assets. Upon completion of the inventory, we will formally review our maintenance program. Staff will work with the Engineering Department to update the capitol asset and maintenance program. This will be completed in conjunction with Engineering to identify areas of overlap. Staff expects to update at the next council meeting for the 2021 schedule and will have this schedule in the 2nd Quarter prior to the start of the annual budget process. 3. Implement timely and effective Richardson ground squirrel control program: Staff will implement the control programs for the Richardson Ground Squirrel in spring 2021, before the population grows. Staff has contracted with Orkin and is creating a best Integrated Pest Management (IPM) Development, will continue to monitor over the summer months and adjust best pest management practices as needed. Bait boxes will be set in place mid-April, May or soon as the ground squirrels start coming out for the summer. There is a window for best practice to eliminate these squirrels. 4. Implement Bio-char program for wildfire mitigation and lawn wast organics: Staff will research and implement a pilot bio-char program to use wildfire mitigation materials and organic yard wastes to create bio-char that can be used as a soil amendment. Public Works has offered in-depth research into the topic and will continue research, finding the best window to effectively implement the program. If this is taking place, lot 5 will be used for the manufacturing of the bio-char. Test plots are yet to be determined. Staff expects to update at the next council meeting for the 2021 schedule and will have this schedule in the 2nd Quarter prior to the start of the annual budget process.0 5. Install outdoor music equipment: Staff will install outdoor music equipment near the Avon Recreation Center and by the Avon playground in spring, 2021. All outdoor music equipment has Page 14 of 19 been received. Public Works is working with the manufacturer and the Engineering department to assure installation is completed per their specification. (i.e. drainage, surfacing, excavation/concrete footings, installation and inspection). Installation locations are being revised based on the manufacturer’s specification/requirements. The feasibility of these locations is currently being investigated due to underground infrastructure locations. Staff will have them installed by May 31, 2021. FIRST QUARTER UPDATE: RECREATION 1. Facilitate Health and Recreation Committee input on Recreation Questions Community Survey: Staff will prepare questions for the Community Survey related to Health and Recreation and will submit the questions for review and input by the Health and Recreation Committee. COMPLETED. March 2021 Health and Recreation Committee meeting work session produced a final draft of recommended questions for the 2021 Town of Avon Community Survey. 2. Implement Covid-19 Public Health Orders as Amended: Staff will continue to implement COVID- 19 Public Health Orders as appropriate. Most recent update to the public health order provided opportunity to increase capacity in the pool area and combine Cardio Room with Functional training Room as one space, not separate reservations. 3. Develop Landscaping Plan to Enhance Outside Appearance of the Recreation Center: Staff will develop a landscape plan to improve the outdoor appearance of the Avon Recreation Center. Project moved to 2ND Quarter to allow Public Works to finish their winter season schedule and to allow participation by new Master Gardner. 4. Update White Water Park Signs: Staff will provide input, language and graphic content for the installation of updated white-water park signs. Scheduled to be completed in the 2nd Quarter. 5. Organize Cardboard Boat Regatta: Staff will lead and organize the cardboard regatta which will be coordinated with End of Summer Event. Initial meeting was held with CASE Manager Danita Dempsey. Additional information will be provided to Council in the 2nd Quarter as the End of Summer event details are finalized. 6. Replaster Slide and Leisure Pools: Staff will oversee and implement re-plaster the middle leisure pools with Diamond Brite finish and will complete jacuzzi leak repairs. We received three quotes, (277k, 165k and 144k). Amount available in the 2021 replacement fund, $123,000. Staff will present options to either reduce scope of work and replaster the three leisure pools and defer Page 15 of 19 the lap pool; or request additional funds from the Capital budget and complete the project for all four pools at the April 27, 2021 Council meeting. 7. Execute Nottingham Lake winter Ice Program: Staff will execute the opening of Lake Nottingham for public ice skating in 2021. COMPLETED . Offered skating seven days per week January 1, through February 28, 2021. 8. Enhance and Expand Adult Programs: Staff will pursue additional group fit options, Zoom class offerings, and transition Spin Studio to martial arts/boxing/kickboxing training room. Staff is monitoring changes to the COVID-19 public health orders and considering expanding programs as soon as public health orders are relaxed. At this time, Staff anticipates that programs can be expanded late in the 2nd Quarter and in the 3rd Quarter. 9. Enhance Open Water Swim Championships with CASE: Staff will seek to enhance the Open Water Swim Championships, will seek to graduate six senior swimmers to collegiate level swimming, and will apply for USA Swimming Foundation grant to increase subsidized swim programs. Staff will organize a collaborative meeting in April to begin discussions with the CASE Manager. The USA Swimming Grant has been submitted and is under review. 10. Provide Recreational Input for Nottingham Park Improvements: Staff will solicit input from the Health and Recreation Committee on Nottingham Park Improvements. May 2021 Health and Recreation Committee agenda will include written report and Staff presentation for a discussion on park improvements. 11. Improve Trash and Recycling Aesthetics and Function: Staff will coordinate with capital improvements and public works to address trash receptacles outside Recreation Center to improve the outdoor appearance of the Recreation Center on the southeast side of the building. Proposal with illustrations and concept sent to Public Works and Engineering for approval. 12. Yoga Studio Bathroom to Kitchen Conversion: Staff will propose and oversee a kitchen remodel in the yoga studio to enhance community functionality, including senior programs. Illustration and design concept sent to Engineering for capital consideration. An update on costs and potential schedule will be provided to Council in the 2nd Quarter. FIRST QUARTER UPDATE: POLICE 1. Firearms Training Simulator: Staff will implement the Firearms Training Simulator at the Avon Police Department in partnership with Eagle County Sheriff’s Department and will seek to offer simulator training to other police departments in Eagle County. A draft IGA between Avon PD and Eagle County Sherriff’s Office has been prepared. The draft IGA is with the Eagle County Page 16 of 19 Attorney’s Office. The system and equipment have been ordered with a 45-day delivery date. TOA facilities will be completing some infrastructure work in the briefing room to include drywalling and painting the rear wall and placing the electrical for the projector in the ceiling. 2. Implement Requirements of HB 217: Staff will implement procedures and acquisition of equipment as required by House Bill 217, which mandated additional minimum standards for police departments in Colorado. a. On June 19, 2020, Governor Jared Polis signed Senate Bill 2020-217 into law. SB 20-217 is known as the Enhance Law Enforcement Integrity bill. The bill was introduced and passed within a very fast two-week period. The bill emanated partly as a response to the tragic murder of Floyd George at the hands of Minneapolis Police Officers. There was a lot of emotion in the passing of the bill and it generally would be agreed that because of its speed, it has some ambiguous or undefined language that need to be corrected. b. The Northwest Colorado Council of Governments completed a research document on behalf of its membership to provide a regional perspective to local policy decisions being made in response to SB20-217. Some of the discussion referenced in this section is from that completed document, “Regional Impacts to Law Enforcement, SB20-217 Use of Force Bill”. The document was also supported by the Colorado Department of Local Affairs and CIRSA. The foreword was completed by Jon Stavney, Executive Director for NWCCOG. The research was completed by Heather Aracelli Coogan, retired Chief of Police for Littleton, CO. c. The bill covered a number of important issues involving law enforcement including: revocation requirements of a peace officers certification, the use of force and deadly force, prohibited use of choke holds to subdue or arrest, demographic data collection, qualified immunity, peace officer training, duties to report and to intervene, body worn cameras and prohibited law enforcement action in response to protests. d. However, for the most part the bill enacts some forward-thinking concepts when it comes to policing in Colorado and is a first in the United States. e. I am glad to report that many aspects of the bill were already incorporated in the Avon Police Departments policies, procedures, and training. In fact, we have had to make rather small subtle changes to comply with some aspects of the new law. f. Our CALEA accreditation had ensured that we had already policies and practice in place. g. There were subtle changes to our use of force policies. The intent of SB217, is to ensure that law enforcement officers utilize verbal de-escalation and less lethal levels of force before using lethal use of force. Our Use of Force requirements already required officers to formally report whenever a firearm. Less lethal shotgun or taser was pointed at or used against a person. h. SB217 requires accountability through the use of body camera by July 1st, 2023. The Avon Police department has had body camera since 2015. In fact, we were the first law enforcement agency in Eagle County to issue body cameras to all officers. Body cameras have been an excellent tool for police accountability, for evidence assisting in the prosecution of criminal cases, for internal training and at times for internal professional standards investigations. Unlike Vail PD, Eagle County Sheriff’s Office, or the Colorado State Patrol we did not have in car cameras. However, the Avon Town Council has the vision to approve in- car camera systems to further increase Page 17 of 19 accountability and transparency in our dealings with our community. The in-car cameras will be able to capture the traffic violations also all actions by offenders as they sit in the rear detainee compartment of our police vehicles during transports to the Avon Police Department or to the Eagle County Detentions Facility. 3. Analysis of Individually Assigned Take-home Vehicles: Staff will prepare a comprehensive analysis of the cost and benefits of individually assigned take-home vehicles. COMPLETED. Written report regarding individually assigned take home vehicles was previously submitted to the Avon Town Council. 4. Incorporate Designated Comparator Communities into Annual Report: Staff will incorporate our primary comparator communities into the annual Police Department Report. Staff has received information for 5 out of 6 of our Primary Comparator agencies. That information will be compiled for a May 11th report to Council. 5. Review of ATV Use and Laws for Wildridge Roads: Staff will prepare a review of existing laws for Wildridge Road and a review of ATV laws and practices in our peer communities. A written report to Council was submitted to Council. A work session scheduled for April 13th. Council will then decide if a further community input work session is needed prior to the final Council decision. 6. Adopt Updated Model Traffic Code: Staff will present adoption of the latest version of the Model Traffic Code. Town prosecutor Elizabeth Pierce-Durance in conjunction with Chief Daly’s input has competed her research and has finalized a Council report and proposed ordinance. The report and ordinance are in the Council packet. FIRST QUARTER UPDATE: MOBILITY 1. Support Regional Transit Optimization Plan Efforts: Staff will continue to support efforts to research enhance regional transportation in 2021. Staff is participating in an Ad Hoc Regional Transit Optimization Group that intends to create a focused plan for determining appropriate enhancements to regional transit. This group includes representations from ECO Transit, Beaver Creek, Town of Vail, Town of Eagle, and Business Leaders) Efforts: a. Update Employer/Employee Survey. Page 18 of 19 b. Joint effort to operate a 2021-2022 Skier Shuttle between Vail/EagleVail/Avon/Beaver Creek Village. c. Pursue a CDOT Planning Grant in support of a Regional Transit Authority option. 2. Update and Prepare Avon Parking Management Plan: Staff will update Avon’s Parking Management Plan and will present plans for implementation of paid parking for such time as when Council deems paid parking is appropriate. Staff is in the process of researching paid-parking alternatives. A work session with Council is scheduled for June 22, 2021. 3. Research E-Bike and other Regional Bike Share Programs: Staff will research potential E-Bike programs and participation with regional bike share programs. The joint CDOT Can Do Colorado eBike Bikeshare Pilot Program Grant request with the Town of Vail was not successful. Outreach to local bikeshare is completed. A Council Work Session, which will review scooter and bikeshare options, is scheduled for May 11, 2020. 4. Implement Electric Buses into the Avon Transit Fleet: Staff will oversee the acquisition and establishment of two new electric busses into Avon’s Transit Fleet, including required electrical upgrades and determining appropriate routes and scheduling for use of electric busses. Transit and Fleet continues to build two electric buses. The exterior design has been finalized by CavernCreative. Current scheduled delivery date is Fall 2021. The Charging System at the Avon Regional Transportation Facility (“ARTF”) will be upgraded this summer. Training and route testing will take approximately two months after delivery. 5. Federal Transit Authority Triannual Review: Staff will prepare and oversee the triannual review of the Avon Regional Transit Facility. The 2020 National Transit Database (NTD) Report was submitted to Federal Transit Administration (FTA). The Title VI plan (Civil Rights Act of 1964) has been updated, submitted, and approved by CDOT. CDOT Site inspection is to be determined. 6. US 6 Pedestrian Crossing Solution: Staff will continue to pursue pedestrian crossing improvements for US Highway 6 between Avon Road and Stonebridge. C ouncil Work Session with Legislators, CDOT, Eagle County, and EagleVail is scheduled for April 27, 2021. Focus of the Work Session will be funding and technical hurdles for a pedestrian crossing. 7. Create Transit Plan for the Village (at Avon): Staff will create a transit plan for the Village (at Avon) that is comparable to the transit service provide in the West Town Center and East Town Center areas. Staff is preparing the Transit Plan for the Village (at Avon). The presentation to the Council is scheduled for July 30, 2021. 8. Tennessee Pass Rail Road Project: Staff will participate in an Eagle County based regional group to research the Federal and State approval process for re-activating the Union Pacific Rail Road rail line through Eagle County, to solicit input from the Avon community, and to determine appropriate issues, policies and positions for the Avon community. The Surface Transportation Board (STB) denied Colorado Midland and Pacific Rail Company’s (CMPC) request to operate train service through the expedited Class Exemption process due to the complexity of their proposal and the required environmental impact review. Staff will continue to look for opportunities to use the UPRR ROW for the benefit of Avon citizens. Page 19 of 19 FIRST QUARTER UPDATE: FLEET 1. Develop Plan to Balance Expenses with Revenues by End of 2022: Staff will continue efforts to balance operational revenues with expenses in the Fleet Department and will establish a plan to achieve break-even financial status by the end of 2022 (i.e. for the 2023 budget). Staff is reviewing expenses and revenues along with implications for potential reorganization or merging with another Department to achieve operation cost savings. Fleet Staff is also exploring opportunities to enhance Avon’s third party customer base. 2. Update Vehicle/Equipment Replacement Fund: Staff will work with the Finance Department to update the vehicle and equipment replacement fund to reflect current conditions. Staff expects to update the vehicle and equipment replacement fund in the 2nd Quarter prior to the start of the annual budget process. 3. Track and Update Vehicle Emissions: Staff will continue to track and update vehicle emissions from Avon’s vehicle fleet. Staff is reviewing and updating vehicle emissions information as well as reviewing vehicle purchasing guidelines that incorporate review of emissions. Information is scheduled to be presented to Council by the end of the 2nd Quarter. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, Amy Phillips, and Chico Thuon. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Assistant Town Manager and Finance Director Scott Wright, Recreation Director John Curutchet, Town Engineer Justin Hildreth, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. Mayor Smith Hymes talked about the tough day in Boulder yesterday and how powerless we feel about this dangerous trajectory we seem to be on. Her comfort in this situation is that we have a world-class Avon Police Department that is very well trained and will protect our community. 2. APPROVAL OF AGENDA Video Start Time: 00:02:00 Part One Mayor Smith Hymes mentioned this is a revised agenda which has a discussion of Mi Casa deed restriction program as item 5.5. Councilor Underwood pulled item 5.8.1 from the consent agenda for discussion. Mayor Smith Hymes added it as business item 5.9. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:04:11 Part One Councilor Hardy disclosed for item 5.7. that she works for Zehren & Associates. She clarified she has no financial interest in the notice of award up for discussion on tonight's agenda, but she wanted to disclose the connection. Also, now that item 5.8.1. has been pulled out from the consent agenda, part of Zehren & Associates staff is involved in this project as well. Town Attorney Paul Wisor reminded Council about a recently approved Resolution 21-03 and these kinds of participations are not a conflict as they have no financial interest. Councilor Prince moved to clear Councilor Hardy from a conflict of interest in the items pointed above. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy abstained from the vote. 4. PUBLIC COMMENT Video Start Time: 00:07:22 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5. BUSINESS ITEMS 5.1. WINTER ICE UPDATE (RECREATION DIRECTOR JOHN CURUTCHET) Video Start Time: 00:08:28 Part One Recreation Director John Curutchet joined the virtual meeting and presented the PPT included in the Council Packet. He mentioned no new equipment was purchased for this project. Mayor Smith Hymes mentioned she received many positive comments on the condition of the ice and the great service provided by the Recreation Center. Council congratulated him, his team, and the Public Works team on the big success of the ice-skating fun this winter. 5.2. WORK SESSION: ENGAGE AVON WEBSITE (MARKETING & COMMUNICATIONS MANAGER LIZ WOOD) Video Start Time: 00 :22:55 Part One Marketing & Communications Manager Liz Wood joined the virtual meeting and shared her screen to show the Engage Avon Website. She explained how to access it, how to register and what current registrations look like and the participation levels in different projects. She also mentioned the website is available in Spanish with just one click, however, feedback is not available in Spanish yet. Mayor Smith Hymes expressed this website is very exciting and it is great to have one place with a lot of information that we can direct members of the public to for information and to get their input on projects and initiatives. Mayor Smith Hymes asked for public comments and no public comments were made. 5.3. DRAWING OF THE FINAL NAMES FOR “NAME THE SNOWPLOW’ PROJECT (MARKETING & COMMUNICATIONS MANAGER LIZ WOOD) Video Start Time: 00:38:06 Part One Marketing & Communications Manager Liz Wood introduced this item. She mentioned the contest will close on March 31st and winners will be announced on April 2nd. Mayor Smith Hymes announced that one snowplow will be named 'Mikey T' after Mike Trujillo, a long-time Town of Avon employee who recently retired and a few months later passed away. She announced that instead of 3, there will be 5 snowplows to be named. One is Mikey T and there are 12 names that the public can vote on, and the 4 names with the most votes will be chosen for the other 4 Avon snowplows. Mayor Smith Hymes read the names that everyone can vote on through Engage Avon starting tomorrow and encouraged the public to please go and vote. The names are: Champagne Plowder, Heart of the Valley Sally, Plowabunga Dude!, Plowder Day, Powder Patrol, Plowy McPOWFace, Rocky Plowboa, Slush Puppy, Snow Bully, Sprinkles, Street Farmer, and The Big Leplowski. Councilor Thuon suggested to give the name Mikey T to the snowplow that Mike Trujillo used to drive. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.4. PRESENTATION: WATER SUPPLY MASTER PLANNING #1 (LINN BROOKS, GENERAL MANAGER AT THE ERWSD) Video Start Time: 00:43:05 Part One Jason Cowles, Linn Brooks and Diane Johnson with the Eagle River Water and Sanitation District joined the meeting , showed a PPT presentation explaining a water supply master planning introduction and answered several questions from Council. Council expressed this was a great presentation and very helpful insight on the background of the master planning that is scheduled for a presentation at the second meeting in April. Council discussed landscaping and irrigation best practices and recommendations. Mayor Smith Hymes asked for public comments and no public comments were made. The second presentation will come before Council in April. 5.5. PRESENTATION : MI CASA AVON P ROGRAM (TOWN MANAGER ERIC HEIL ) Video Start Time: 01:38:55 Part One Town Manager Eric Heil explained it is time to revisit the Mi Casa Avon program, the Town's deed restricted housing program that launched in June 2020. He explained that the inventory has been very low in the last 6 months and the prices are increasing. For those reasons, he said, staff asks Council to consider increasing the max cap from $75,000 to $100,000 per transaction. Mayor Smith Hymes asked for public comments and no public comments were made. After Council discussion on this cap and the market , Mayor Pro Tem Philips moved to direct staff to increase the Mi Casa Avon cap to $100K while maintaining the percentage cap at 12%. Councilor Hardy seconded th e motion and the motion passed with a vote of 5 to 2. Councilors Prince and Andrade voted no. 5.6. PRESENTATION : SPECIAL EVENTS MILESTONES (CASE MANAGER DANITA DEMPSEY) Video Start Time: 01:58:11 Part One CASE Manager Danita Dempsey joined the virtual meeting and presented the proposed events for this summer with the anticipation for Public Health Orders (PHO) to change soon. She expressed that she is in close communication with the Eagle County to be able to pull the t rigger on a health order variance should that be needed. She then took Council through the milestone dates and explained that if we wait, it will be too late to do anything. She mentioned that all contracts will have PHO clauses so the Town is not at risk if any event cannot take place. Councilor Underwood expressed that Salute to the USA in 2021 will be a new opportunity to promote public transportation to get to the event from different points, including Freedom Park in Edwards. Councilor Thuon wondered if drought anticipated for this summer will affect the fireworks show and to consider alternatives like a laser show. Councilor Prince said he made a 180-degree switch from where he was 12 months ago, and he is fully supportive of funding events instead o f the putting a break on events like 12 months ago. He believes it is going to be a record year and he is all in. The majority of Council was supportive to move forward and have a busy 2021 events season . AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.7. NOTICE OF AWARD: AVON ROAD PEDESTRIAN IMPROVEMENTS BETWEEN ROUNDABOUTS 1 AND 2 (TOWN ENGINEER , JUSTIN HILDRETH) Video Start Time: 00:00:05 Part Two Town Engineer Justin Hildreth took Council through the project, the history, and a comparison with photos of other underpasses from Ed wards to East Vail. Councilor Thuon asked staff if we asked CDOT to pay for this project. Staff explained CDOT does not have funding available for this project but there is a grant cycle every couple of years that could potentially work to pay for a part of the project. Councilor Thuon expressed that he favors a temporary solution for now and to wait for the next grant cyc le and have the State chip in. He strongly disagrees and said he finds this a very irresponsible decision if approved tonight. Councilor Hardy expressed the situation is really dangerous and if people felt safe to walk/bike that area, it would be such a gr eat improvement to Town. She suggested we apply for this grant once we are ready to do the other side of the road. Councilor Thuon left after his disagreement at 8:09 p.m. Councilor Thuon rejoined the meeting at 8:13 p.m. Councilor Underwood expressed full support to improve this area. Councilor Andrade felt the project should not be split and the 2 sides should be done at the same times, so the public sees the "true" cost to do both sides. He also wondered if staff has considered metal side protectors. Mayor Pro Tem Phillips said she agreed with Councilor Andrade on not splitting the project and looking at both sides is a good idea but said at the same time logistically you need to close part of the road to get the project underway on one side at a time. She wanted to clear up that CDOT does not care about our pedestrian safety and grants are unlikely to be awarded for this. She has heard residents ask for these improvements for years and said this is about pedestrian safety. Councilor Prince felt the snowmelt is not in line with the Town’s climate action plans and are yearly added costs, he also expressed concerns about the proposed landscaping. He suggests taking this out to a vote of the public. Mayor Smith Hymes sai d she is also bothered by the cost of this project but believes it is a necessary expenditure and it has been delayed for many years. She said the Town should try to get money from CDOT but agrees with Mayor Pro Tem Phillips this may not happen. Mayor Smith Hymes asked for public comments and there were two public comments: Ruth Stanley, Avon Resident, said she has walked the underpass many times and understands the cost is high, but the situation is very dangerous and she supports the improvement. Jake Wolf, Avon Resident and former Councilor , agrees with Councilor Prince to get a vote of the people to see who wants to spend this kind of money. Councilor Prince moved to direct staff to prepare a n informal vote on this matter and send it out to the people immediately. Councilor Thuon seconded the motion. There was further Council discussion. There was a roll call and the motion failed with a vote of 2 to 5. Councilors Andrade, Hardy, Underwood, Mayor Pro Tem Phillips, and Mayor Smith Hymes voted no. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Underwood then moved to authorize the awarding of the Underpass Project Phase I to the low bidder, Gould Construction in the amount of $956,214 and adjust the project budget to $1,051,835 to fund a project contingency, inspections and construction administration within the Capital Improvement Project line item . Mayor Pro Tem Phillips seconded th e motion. There was further Council discussion. There was a roll call and the motion passed with a vote of 4 to 3. Councilors Prince, Andrade and Thuon voted no. 5.9. ADDED ITEM: NOTICE OF AWARD: HARRY A. NOTTINGHAM PARK, WEST IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH ) Video Start Time: 01:17:14 Part Two This item was pulled from the consent agenda. Town Engineer Justin Hildreth answered several questions from Council, including topics like the soccer fields , a porta potty enclosure, Trash & Recycle receptacles , and the chain-link fencing which is bent and worn. He explained this is a landscaping project and benches and trash/recycle containers will be added, but a porta potty enclosure is not included, and a new chain -link fence is not part of the scope of work either. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to authorize issuance of the Notice of Award for the Harry A. Nottingham Park West Landscape Improvements Project contract to the low bidder, Rocky Mountain Custom Landscapes, in the amount of $271,017 and in the next budget amendment appropriate an additional $38,000 from the Capital Projects Fund for this project and direct staff to work on the other expense items discussed tonight . Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.8. CONSENT AGENDA Video Start Time: 01:35:27 Part Two 5.8.1. NOTICE OF AWARD: HARRY A. NOTTINGHAM PARK, WEST IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH ) 5.8.2. NOTICE OF AWARD: RECREATION CENTER LOCKER ROOM REMODEL PROJECT (TOWN ENGINEER JUSTIN HILDRETH AND RECREATION DIRECTOR JOHN CURUTCHET ) 5.8.3. APPROVAL OF MARCH 9, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Mayor Pro Tem Phillips mov ed to approve the consent agenda consisting of items 5.8.2. and 5.8.3. Councilor Andrade seconded th e motion and the motion passed unanimously. 6. WRITTEN REPORTS 6.1. March 16th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 6.2. Monthly Financial Report (Senior Accountant Joel McCracken) 6.3. Mountain Health Care Coalition (Manager of Human Resources, Safety & Risk Management Karyne Spadi) AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:36:13 Part Two Councilor Hardy reported that she attended a meeting of the committee that organized the Pride in the Park event in Avon. She said she learned a lot and she is planning to be involved and helpful as best as she can in the planning of their next event. Councilor Thuon asked about the new snowplows, the rings for the road, and yield signs across the tracks. Town Manager Eric Heil explained the Town is not purchasing new ones right now, just naming 5 of them. Town Engineer Justin Hildreth said that when overlays are done, the rings get adjusted as best as possible, and sometimes the Town will have to partner with Holy Cross Electric to get it done. Mayor Smith Hymes reminded Councilors to complete the survey for the Town Manager Evaluation by April 2nd. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:26 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 3:30 PM: 42 RIVERFRONT LANE. SITE TOUR: CONCERNING ITEM 4.1 -MAJOR DEVELOPMENT PLAN. SUMMARY: 30 MINUTE TOUR. PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, APRIL 6, 2021 VIRTUAL MEETING 1. CALL TO ORDER AND ROLL CALL Chairperson Jared Barned called the meeting to order at 5:02 p.m. A roll call was taken, and Planning Commission members present were Steve Nusbaum, Sara Lanious, Marty Golembiewski, Anthony Sekinger, Donna Lang, and Trevor MacAllister. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Attorney Paul Wisor. 2. APPROVAL OF AGENDA Action: Commissioner Lang motioned to approve the agenda. Commissioner Golembiewski seconded the motion and it carried unanimously 7-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Action: No conflicts or communication were disclosed. 4. BUSINESS I TEMS 4.1. 4 2 RIVERFRONT LANE – LOT 1 RIVERFRONT SUBDIVISION - PUBLIC HEARING – MAJOR DEVELOPMENT PLAN FOR A 40 UNIT CONDOMINIUM BUILDING ABOVE A PARKING GARAGE . THIS IS PHASE II FOR THE PROPERTY (TOWN PLANNER DAVID MCWILLIAMS AND JIM TELLING). Public Comment: None. Action: Commissioner Golembiewski motioned to approve Case #MJR21004 with the following findings and conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code and the PUD Design Standards; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; and 5. The design relates the development to the character of the surrounding community. Conditions: 1. A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square footage coverage and hydrozones shall be presented to staff before a building permit will be issued; 2. A stormwater quality plan that accounts for Phase I development will be approved by Staff before issuing a building permit; 3. Snow arresting measures for roofs that shed onto pedestrian areas will be presented for Building Official review; and 4. A new design for short-term parking on Riverfront will be implemented before any closure of the current short-term parking area related to building on Lot 1. Commissioner MacAllister seconded the motion and it carried unanimously 7-0. 5. CONSENT AGENDA 5.1. MEETING MINUTES 5.1.1. MARCH 16, 2021 5.2. RECORDS OF DECISION 5.2.1. 2171 LONG SPUR – #MJR21001 – MAJOR DEVELOPMENT PLAN 5.2.2. 42 RIVERFRONT LANE - MJR20006 – MAJOR DEVELOPMENT PLAN 5.2.3. 120 METCALF ROAD – #SGN21001 – MAJOR SIGN PROGRAM 5.2.4. 5150 LONGSUN LANE UNIT A - #MJR21002 AND #AEC21001 – MAJOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE 5.2.5. 5150 LONGSUN LANE UNIT B - #MJR21003 AND #AEC21002 - MAJOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE Action: Commissioner Nusbaum motioned to approve the Consent Agenda. Commissioner Lanious seconded the motion and it carried unanimously 6-0, with Commissioner Barnes abstaining. 6. S TAFF UPDATES Action: Matt Pielsticker updated PZC on reapplying to the board. 7. ADJOURN There being no further business before the Commission adjourned the meeting at 6:36 p.m. These meeting notes 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. RESPECTFULLY SUBMITTED: _________________________________ David McWilliams, Town Planner CASE COMMITTEE MEETING MINUTES THURSDAY, MARCH 18, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 18 MARCH 2021 PAGE 1 | 3 1. ROLL CALL Present- Committee Members: Pedro Campos, Chris Cofelice, Justin Chesney, Ruth Stanley, Lisa Mattis, and Thomas Walsh Town Council: Amy Phillips Town Staff: Cultural, Arts and Special Events Manager Danita Dempsey, Town Manager Eric Heil, General Government Manager Ineke de Jong and General Government Intern Emily Myler Members of the Public: Ryan Silvers Absent- Town Council: Lindsay Hardy Late: Committee Member Kathy Ryan joined at 12:40 General Government Manager Ineke de Jong asked the record to reflect the meeting was called to order at 12:34 p.m. Lisa Mattis welcomed the 2 new committee members and suggested before The Committee started, to take a virtual lap around the room where all committee members and staff were invited to give a brief introduction about themselves. 2. APPROVAL OF MINUTES Committee Member Stanley moved to approve the CASE meeting minutes from January 21, 2021. Committee Member Cofelice seconded the motion and Committee Chair Mattis took a vote. The motion passed unanimously. 3. PUBLIC COMMENT No Public Comments were made. Member of the public Ryan Silvers joined the meeting to watch and learn. Committee Chair Mattis let her know she was welcome to contribute at any time. 4. CURRENT ACTIVITY Culture, Arts and Special Events Manager Dempsey presented the current activity of her department including the Recreation Center Mural Project and the 2021 Events Calendar The Committee commented/inquired: A. The number of events is very exciting compared to the lack of events last year due to the COVID-19 pandemic B. Will the Town be able to host the Salute to the USA event this year? C. Will Salute to the USA allow open containers in the park? D. Is there a date where the Town must decide if they will do fireworks this year? E. Why is the fire department collecting funds for fireworks? F. What are other communities doing for events this year? G. What does the Weekly Art Expo involve? H. What are the most important concerns right now? I. Why and how will the Town sell alcohol at events? How does this work with current alcohol allowances due to the COVID-19 pandemic? J. What is the Town’s marketing strategy to promote or not promote events? Will arts be marketed separately from events? K. What is the budget for AvonLIVE! And SunsetLIVE!? L. What does the term “local” mean for talent? CASE COMMITTEE MEETING MINUTES THURSDAY, MARCH 18, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 18 MARCH 2021 PAGE 2 | 3 M. Could the Committee get a writeup on each of these events to familiarize themselves with the details? N. Are private rentals included on the Events Calendar? Committee Member Cofelice dropped off at 1:33 p.m. Culture, Arts and Special Events Manager Dempsey said the decision to do fireworks needs to be made by May 1 to order supplies. The decision to host the event itself will hopefully be made by the next Council meeting on March 23. Other communities are deciding to cancel events and Avon will be leading the area in events this summer. The Art Expo will place art vendors on the Main Street Mall to drive activation of that area. A concern is field maintenance and making sure Public Works is taking care of the venues. There are 30 days where alcohol will be sold at Town events for revenue to offset event costs. She is very experienced in providing alcohol at events and feels confident the Town can pull it off. There is a budget and plan for marketing through every channel available to the Town and the art programs have their own specific marketing. She plans to increase the AvonLIVE! budget to draw more recognizable talent. Both AvonLIVE! And SunsetLIVE! are on their way to becoming a “signature” event in Avon and deserve more budget allocation. Private rentals are included on the internal events calendar but not the form shared with the Committee. Private rentals are increasing this year due to lowered costs and more accessibility. Town Manager Heil said that public health orders and drought conditions will affect whether the Town hosts Salute to the USA and are not easy to predict. The Town is optimistic that it can host some version of the event, whether it is full-scale or scaled back. If the Town is allowed to host events, the community is hungry to get out and celebrate and the events will happen. A portion of funds from the American Recovery Act will likely go towards events to support vendors, performers and artists who are struggling during the COVID-19 Pandemic. Hopefully the biggest challenge this year will be instituting alcohol sales by the Town. People will not be allowed to bring alcohol from home in the area where the Town is selling alcohol so there will need to be enforcement and education. Eric said “signature” event doesn’t refer to size of event but notoriety in the community. It is important to promote bands in Eagle County specifically and it would be great to get more LatinX representation but the Town might have to cast a wider net to find them. Mayor Pro Tem Phillips said when deciding to do Salute to the USA, the focus should be on whether attendance can be limited in short notice without a large increase in cost for staff and infrastructure. Communication for events with alcohol sales needs to be clear. Marketing for events this summer should be provided in 10-day segments to accommodations and lodging to target tourists. Committee Chair Mattis suggested the committee go through each event description during the April meeting. 5. PLANNING Committee Chair Mattis suggested the Committee talk about long-term planning and overall approach at the next meeting. Culture, Arts and Special Events Manager Dempsey said she is ready to have that conversation. Town Manager Heil said the Town has put together a rough events plan for the next 10 years. For this summer, the program is fairly full and appropriate, but in the rest of the year there will be room to add more items to the calendar especially in arts and culture. More discussion for 2022 and future vision can happen in meetings at the end of 2021. CASE COMMITTEE MEETING MINUTES THURSDAY, MARCH 18, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, 18 MARCH 2021 PAGE 3 | 3 Mayor Pro Tem Phillips said in the future she would like the Committee to provide information to Council on capital improvements based on how to produce better and more consistent events. Committee Member Kathy Ryan expressed she is feeling like her only role on the Committee is to make it look like the public is included and she doesn’t have any actual planning influence besides approving events that are already planned. Committee Chair Mattis said she would like to have a discussion about this during next meeting. She referred to the Brand Ambassador worksheet to define roles and responsibilities of Committee members. She agreed that the Committee’s role has changed recently to move away from vetting to approval. Town Manager Heil said events in Avon used to be mostly produced by third parties. In 2017, the Town became more involved in producing the events themselves, which changed the purpose of the CASE Committee. However, he does expect some the Committee to vet more producers in the future. The Committee will also be asked to review events at the end of the summer. 5. CLOSING COMMENTS Culture, Arts and Special Events Manager Dempsey said she has Committee meetings planned for April, May, September, October and December but not June, July, August or November so she can focus on events and budgeting. She would like to discuss 2021 Community Survey questions and elect Chair and Vice Chair during the April meeting. 6. ADJOURNMENT The meeting adjourned at 2:02 p.m. Respectfully submitted by: Emily Myler General Government Intern M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: March 30, 2021 RE: Summary of Authority’s March 25, 2021, virtual Board Meeting The following is a summary of items discussed at the March 25, 2021, Authority Board Meeting: Board members present and acting were Chair George Gregory, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Kim Bell Williams and Mick Woodworth. Introductions New employees David Pena and Chuck Owen were introduced from the IT department. Water System Reliability and Strategic Reserve Target Policy The board unanimously approved the resolution for the water system reliability and strategic reserve target policy, which supports the objective of the Authority Water Resources Master Plan. Rules and Regulations Revision Jason Cowles noted a slight modification to the Rules and Regulations approved last month, which was proposed by the District board. The board unanimously approved the revision, which removes any reference to regulating small, personal water features. Board Member Input The board discussed differing local design guidelines for various HOAs, metropolitan district, and the like. The board agreed that it would be beneficial to have consistency among such entities regarding efficient water use. Drought Update Len Wright discussed local conditions, snowpack and precipitation forecasts. Recent snowfall has provided some relief, but more moisture is needed in the coming months. COVID-19 Update Linn Brooks noted 65% of employees self-reported receiving a COVID-19 vaccination in a voluntary employee survey. Understanding percentage of staff vaccinated will help inform updated protocols and policies for staff. Eagle Mine Spill Siri Roman noted a recent spill at the Eagle Mine. It was expediently handled by an on-site Eagle Mine staff member who also notified District staff quickly. Sampling is ongoing, and some soil remediation may be needed, as the spill was estimated at 36,000 gallons. Authority Sanitary Survey Staff is preparing for the Authority’s sanitary survey, which is expected this summer between June and August. Promotions Jason Cowles noted Jeff Schneider and Len Wright were promoted to Engineering Manager and Planning and Water Resources Manager, respectively. Summary of Authority’s March 25, 2021, virtual Board Meeting Page 2 of 2 Traer Creek Tank Update Jeff Schneider updated on Traer Creek tank construction. Piles are being drilled and filled, and Jeff offered a site tour for any interested directors. Colorado River District Demand Management Advisory Committee Jason Cowles discussed his participation in this advisory committee, which is part of the Colorado Water Conservation Board’s efforts to explore feasibility of the demand management program. There are many details yet to be understood, and a local or regional effort may be more effective for West Slope entities than a statewide effort. Waters of the United States Rule Diane Johnson noted the Waters of the US (WOTUS) had been under an administrative stay in Colorado. The stay was lifted as the court ruled irreparable harm was not demonstrated, as claimed by the Water Quality Control Division Clean Water Program Manager. WOTUS is now effective nationwide, but there continue to be various legal challenges across the country, and it is unclear how this will be enforced. Diligence Cases Glenn Porzak updated on a variety of diligence cases that were recently decreed by the water court. The decree makes absolute an additional amount of Edwards Water District well no. 2 and grants a finding of reasonable diligence for a large number of conditional water rights owned by or leased to the Authority. REGULAR MEETING MINUTES ECRTA BOARD MEETING March 17, 2021 Held virtually via Google Meet Authority Members Present Avon Sarah Smith Hymes Beaver Creek Jennifer Brown Eagle County Jeanne McQueeney Gypsum Jeremy Rietmann Minturn John Widerman Red Cliff Dana Veljacic Authority Members Absent Eagle Scott Turnipseed Vail Brian Stockmar Guests Clark Anderson - Community Builders Colton Berck - Eagle County Olivia Cook - Eagle County Kris Valdez - Eagle County Morgan Beryl - Eagle County Ms. Brown called the meeting to order at 12:05 p.m. 1. Roll Call All members were present at the beginning of the meeting, with the exception of Scott Turnipseed and Brian Stockmar. 2. Additions to the Agenda None 3. Approval of October 28, 2020 Minutes Mr. Reitmann moved to approve the minutes. Ms. McQueeney seconded the motion and it carried unanimously. 5. Public Comments None ECRTA Meeting Minutes, March 17, 2021 6. Action Items Minturn Pass Donation Request (Action): Ms. Brown overviewed the need for board action on Minturn’s bus pass request. Mr. Widerman presented the need for Minturn bus pass request given its historically low ridership and a low cost way to encourage people to choose ECO Transit. He requested the board approve the request. Ms. McQueeney thanked Minturn for making changes after the first year so that people receiving the free punch pass are utilizing the service, not just getting a bus pass. Mr. Widerman thanked Ms. McQueeney for that opportunity to highlight the evolving program to encourage ridership on the underutilized Minturn Route. He stated that Minturn is committed to modifying and improving the program year over year. Mr. Reitmann moved to approve a 50, 10-ride pass donation for the Town of Minturn. Ms. Smith Hymes seconded the motion and it passed unanimously. 7. Information and Staff Updates Q&A - Director and Staff Updates: Tanya Allen highlighted the 2021 Summer Schedule and how similar it is to the 2020/2021 Winter Schedule. Ms. Allen also discussed bus capacity restrictions and awaiting more statewide guidance as greater community vaccination occurs. She was pleased to announce that transit operators in Eagle County are making their way through the vaccination process. She stated that the E-buses are planned to enter revenue service this summer and that specific routes were designed to optimize their use. Ms. Allen discussed ECO Transit’s selection of a mobile fare vendor, Masabi, and that contracting processes are currently ongoing. Staff is hopeful that the system can be up and running prior to the 2021/2022 Winter season. Mr. Widermann asked when passengers will begin riding the E-buses. Jared Barnes responded that additional driver training will occur during April and the expectation is that the e-buses will enter revenue service between the end of April to the beginning of May. Jeff Wetzel thanked the operations staff for their hard work and commitment during the COVID pandemic and wanted to highlight the team to this board. The ECRTA Board also echoed those sentiments and wanted to make sure that the operations staff was aware of their gratitude. Mr. Reitmann asked about the testing results of the E-bus and how they differentiate from the manufacturer’s specifications and expectations. Mr. Wetzel stated that we are seeing about 300 miles and 6 hours of use on a charge, which is great but less than the 400 miles and 8 hours we expected from the conversations with the bus manufacturer. The next meeting will be held Wednesday, February 10, 2021, in the Eagle County Room at the main Eagle County building. ECRTA Meeting Minutes, March 17, 2021 Respectfully Submitted: Jared Barnes Planning Manager, Clerk to the ECRTA Advisory Board Minutes approved for October 28, 2020 meeting. Date Seal Clerk’s Note: Notice for this meeting was properly posted as required. ECRTA Meeting Minutes, March 17, 2021 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Justin Hildreth, Town Engineer RE: Update on 2021 Capital Improvement Program DATE: April 8, 2021 SUMMARY: This memo provides Town Council an update on the status of the 2021 Capital Improvements Program. Harry A. Nottingham Park West Landscape Improvements Project. The project started on April 1st and is scheduled to be completed by July 1, 2021. The project budget is $331,000. The project includes the following: • Update of the landscaping around the tennis and basketball courts • Replacement of the softball field with a multi-purpose athletic field • Addition of a seating and picnic area east of the parking lot • Upgrade to the parking lot entrance landscaping • Installation of an entry monument sign to match the other park entrances • Construction of 3 public sculpture foundations • Change irrigation system water source from potable to non-potable, saving the Town water fees and energy Page 2 of 5 Former Town Hall Asbestos Removal and Demolition Project. The project is underway and includes the following items: • Relocate electrical utilities from the building to new control panels • Addition of electrical receptacles to serve special events • Relocate water service from the building to an underground vault • 473-FT of water main to improve service to the park • Installation of new fire hydrants near pavilion and east parking lot • Abatement and disposal of asbestos at hazardous waste landfill in eastern Colorado • Demolition and removal of structure • Removal of underground fuel tank near former police entrance • Grading of site in preparation of future development Project will be completed by June 1, 2021. Project Budget is $987,000. Page 3 of 5 Harry A. Nottingham Park, East Improvements. The Town has retained Zehren and Associates to program and design the project. The project programming and conceptual design is underway, and concepts will be presented to the Planning and Zoning Commission in June and Town Council in July. Construction is scheduled for 2022. Project Budget: $935,000. The project includes the following: • Construction of new public restrooms • Replacement of the wood retaining wall with a stone seating wall • Installation of new landscaping and irrigation system • Potential relocation of the fitness court • Installation of new picnic area and shelter • Undergrounding powerlines along south property line Page 4 of 5 2021 Proposed Avon Road/I 70 Pedestrian Safety Improvements. The project will improve the safety for bicyclists and pedestrians traveling underneath I70 at Avon Road. The project components include: • Rerouting the sidewalk to the west side of the bridge columns • Removing concrete paving and replacing it with landscaping and rock • Constructing snow sheds to prevent snow and ice build-up on the sidewalk • Adjusting drainage to prevent snow melt from accumulating on the sidewalk The selected contractor is Gould Construction and the project is scheduled to start in August and will be completed by November 1, 2021. Project Budget: $1,051,835. Digital Messaging Signs Digital messaging signs will be installed on the Union Pacific Railroad Bridge over Avon Road and along Metcalf Road above the Wildwood Road/Wildridge monument sign. The signs will be programmed remotely allowing for the display of professional graphics and posting of emergency public safety information. Freeman Signs is the selected contractor and they are planned to be installed by August 1. The project budget is $150,000. Page 5 of 5 Recreation Center Heating and Air Condition Building Automation System Upgrades. The existing Recreation Center Heating and Air Condition (HVAC) Building Automation System (BAS) is over 10 -years old and is no longer supported. Also, the BAS no long communicates with equipment in the facility, reducing the systems efficiency. The project will replace the BAS with a similar system utilized in Town Hall and the Public Safety Facility. Also, the project includes repairs to the HVAC equipment communication network and to improve the energy efficiency of the system. The Request for Qualifications for a design-build team is currently advertised and a contractor will be selected before May 2, 2021. Harry A. Nottingham Park Pavilion Moisture Repair Project. The project is under construction and scheduled to be completed by June 1, 2021. The project includes replacement of the moisture barrier, new concrete deck, and installation of a removable railing to prevent the public from falling. Project Budget: $425,600. Buck Creek Road Repair and Paving Project. Buck Creek Road near the first switchback is deteriorating and requires major repairs. The project includes an asphalt overlay, drainage improvements, retaining wall repairs and guardrail replacement. The project is scheduled to be bid out in April 2021. Project Budget: $800,000. Mikaela Way Paving Project. The project area includes Mikaela Way and Town Hall Parking Lot. The existing infrastructure is over 20-years old and requires major reconstruction. The project scope includes an asphalt overlay, concrete repairs, drainage improvements and American with Disabilities Act upgrades. The project is scheduled to be completed in fall 2021 . Project Budget: $400,000. 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Justin Hildreth, Town Engineer RE: Adjustment of Manhole Covers in Roadway DATE: April 8, 2021 Town Council has requested a review of current procedures for adjusting manhole covers in the roadway. The Town occasionally receives complaints from residents about discomfort when driving over manhole covers. Utilities are typically installed during initial construction of the roadway and manhole location within the roadway is dependent on numerous factors including service needs, depth of bury, and other construction requirements of utility providers. Manholes are required to access underground facilities typically associated with water and sewer mains, stormwater system, electric and communications systems. When possible, manholes are placed outside of the travel lane but that is often difficult to achieve due to right of way constraints. Ideally, during initial construction, manhole covers are installed ¼” below the road surface and match grade and cross-slope of the road. Best practice is to utilize steel shims to adjust the base of the manhole cover to match road grade and cross-slope followed by addition of steel rings of various sizes to adjust to the final driving surface. Some of the older utility manhole covers in Town, initially installed flat and not matching road grade and cross-slope, do not drive well and are noticeable. Manhole covers less than ¼” below the surface are susceptible to damage by snowplows and more than ¼” below the road surface or not matching road grade and cross-slope drive poorly. The ¼” can change over time due to differential settlement and manhole cover damage. Manhole covers are restored to ¼” below the road surface as part of the Town’s asphalt maintenance program. Manhole covers requiring more extensive adjustment are completed by removing an 8x8-FT full depth square of pavement around the cover, installing steel shims, replacing or modifying grade rings, repaving and cost the Town approximately $2,000 to $3,000 each. The Town has received numerous complaints in the last couple of years regarding the Holy Cross Energy manhole cover located in the Metcalf Road northbound drive lane. The manhole is different than others because it provides access to an 8x10-FT vault under Metcalf Road and does not have a standard vertical concrete cone section. There are twelve (12) 2-inch steel rings on top of the vault instead of a typical concrete cone section. Steel shims were welded in place to align the manhole cover with road grade and cross-slope as part of the 2016 Metcalf Road Bicycle Climbing Lane Project but have failed due to weight of large vehicles, lowering the uphill portion of the cover. To permanently fix this manhole cover, the twelve (12) steel grade rings need to be removed and replaced with a concrete cone section adjusted to match road grade and cross-slope. The facility is owned by Holy Cross Energy who have declined to repair the manhole cone section and cover. Staff recommends that Council direct Staff to rebuild this manhole with a concrete cone and replace the cover and then seek reimbursement for the expenses. Cost of this work is projected to be more than the typical $2,000 to $3,000 due to the location and unique nature of the work. 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Emily Myler, General Government Intern RE: Home-Occupation Licensing DATE: March 15, 2021 SUMMARY: This report presents information to Council regarding home occupation business license fees in our peer communities. Due to the volume of second homes and mobile nature of modern office work, we expect that there are many persons who conduct business from their second homes on an intermittent basis. In the light of pressures presented by the COVID-19 pandemic on economic prosperity and a related shift to socially distanced business, residences are more and more frequently used as places of commerce rather than the traditional commercial workplace. Businesses run out of the home might be less expensive in real estate costs and safer during a pandemic, but owners face unique challenges such as zoning restrictions and locations far from the commercial core of Town. Home occupation licensing and fee information is presented to Council to facilitate consideration on the utility, benefits, and potential barriers to businesses created by the home occupation business licensing fees. BACKGROUND: Home occupations often have different impacts on the Town than a business located in a fixed commercial building, and due to this have different licensing requirements. In the Town of Avon, a home-occupation license costs only $50 annually compared to $200 annually for a fixed-location business license. All businesses which remit sales and use taxes must also apply for a Sales and Use Tax License at no cost. DEVELOPMENT CODE: A home-occupation is defined on Avon’s website as a business “operated from a residential structure in a residential district within the Town.” Home occupations may be allowed as an accessory use of the structure so long as they comply with the following restrictions: . “A home occupation must comply with the following limitations and conditions: (1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; (2) The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3) If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home); (4) The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers; (5) The use does not alter the exterior of the property or affect the residential character of the neighborhood; Page 2 of 6 (6) The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7) Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8) The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9) Exterior signs are not permitted; and (10) There may be only incidental sale of stocks, supplies or products” (Avon Municipal Code, 7.24.050: Use-Specific Restric tions). PEER COMMUNITY RESEARCH: For this report, the home-occupation license requirements and fees in seven peer communities have been compiled in Attachment 1. Municipalities typically require a home- occupation license for the same reasons they require a fixed-location business license, or a home- occupation permit in order to regulate the use of the property and adhere to local zoning laws. Eagle, Frisco, Silverthorne, Telluride, Snowmass Village and Steamboat Springs require all businesses pay for the same business license regardless of location. Gypsum and Aspen require home businesses apply for a home-occupation permit in addition to their business license, but do not charge an extra fee. Fort Collins and Dillon both charge for additional zoning permits for home businesses that a fixed-location business wouldn’t pay, although Fort Collins charge for a general business license. Finally, Vail and Breckenridge require home businesses to apply for a separate home-occupation license instead of a fixed- location business license, and prices them lower like Avon. FINANCIAL CONSIDERATIONS: A list of current home-occupation licenses in Avon is attached in Attachment 2. Currently, there are 41 businesses that pay the Town $50 per year for the home-occupation license. The fees, which total around $2,050 yearly, are allocated to the Town’s general fund. DISCUSSION: Home-occupation licenses can serve as an incentive or disincentive for businesses out of a home. These types of occupations have some benefits that the Town of Avon can capitalize on: • Increased local-owned business • More accessibility to business ownership for women and members of the Latinx community • Decreased commuting, traffic and greenhouse gas emissions • A more pandemic-resilient economy • Promoting the well-rounded, healthy lifestyle Colorado mountain towns are known for Home businesses are often started by those who can’t afford to obtain commercial property. Even though a home-occupation license costs less than other licenses, it can still be prohibitive when factored in with the other costs of staring and maintaining business, especially during a pandemic when many businesses and individuals are struggling financially. Page 3 of 6 OPTIONS: 1. No action: Council does not change home-occupation licensing fees. 2. Fee elimination : Council eliminates all fees associated with licensing a home-occupation. 3. Fee reduction: Council reduces the fees associated with licensing a home-occupation. 4. Alternative support for home-occupations: Council does not reduce home occupation licensing fees but reallocates the funds specifically for programs that support home occupations, such as grants, tax incentives or a survey to learn how to support home occupations better. RECOMMENDATION: Based on these benefits and the small amount of potential revenue to be lost, I recommend Council reduce or eliminate the cost of home-occupation licenses. Several peer communities including Fort Collins, Gypsum and Aspen allow residents to operate businesses from their home for a lower fee than Avon currently does. Thank you, Emily ATTACHMENT A: Peer Community Home-Occupation Licensing Comparison ATTACHMENT B: Active Home-Occupation Licenses in Avon Page 4 of 6 ATTACHMENT A: Peer Community Home-Occupation Licensing Comparison Fixed-Location Business License Home-Occupation Business License Avon $200/yr fixed-location business license $50/yr home-occupation license Ft. Collins $0 sales and use tax license, no general business license fee but there are licenses for certain types of businesses $25/2yrs Home-Occupation zoning permit (plus applicable license) Vail $0 sales tax license, Business license fees vary from $243.75 to $1,500 based on type of business, size and zone location Zone One Home-Occupation License: $112.50/yr, Zone Two Home Occupation Permit: $150/yr Eagle $55 General Occupation Tax (business license), $20 Business Marketing Fee Home-occupations have the same licensing and fees Gypsum $80/yr sales tax and business license $0 Home-occupation Permit In addition to other zoning permits Frisco $75/year business license Home-occupations have the same licensing and fees Dillon $60/year business license. $80 development application fee (in addition to business license) Aspen Business license ranges from $150 to $750 depending on number of full-tim e employees $0 Home-occupation permit required in addition to applicable licensing fees Breckenridge In-town business license is $200/yr plus $10 per employee $60 home-occupation zoning permit plus $50/yr license Silverthorne $75/yr business license for all businesses in town Home occupations must hold an active business license and comply with land use requirements. Snowmass Village $85/yr business license for all businesses in town. Home occupations must hold an active business license and comply with land use requirements. Telluride Business license ranges from $110/yr to $2,875/yr based on number of employees Home occupations must hold an active business license and comply with land use requirements. Steamboat Springs No business license required. $50 sales tax license required Home occupations must hold an active business license and comply with land use requirements. Page 5 of 6 ATTACHMENT B: Active Home-Occupation Licenses in Avon Business Type Business Name 1 Interior Design Services Casey and Company Interior Design 2 Automotive Body, Paint, and Interior Repair and Maintenance Klean Supreme LLC 3 Residential Remodelers AR RIOS CONSTRUCTION LLC 4 Interior Design Services Karen Morstad Goldberg 5 Residential Remodelers Bennys Tiling 6 Other Direct Selling Establishments JU Distributing 7 Appliance Repair and Maintenance Alpine Valley Fireplace, LLC 8 Janitorial Services SHINE COMPANY LLC 9 Graphic Design Services Hub Hut 10 Tax Preparation Services Creative Accounting Solutions, Inc. 11 Transit and Ground Passenger Transportation - Other EZ Concierge 12 Legal Services - Other Tamra N. Underwood, P.C. 13 Interior Design Services Renovation 14 Other Miscellaneous Nondurable Goods Merchant Wholesalers Direct First Aid, LLC 15 Specialty Trade Contractors - Other Lionhead Property Services LLC 16 Interior Design Services Etcetera Designs, LLC 17 Personal Services - Other ASW Personal Services, LLC 18 Professional Kathleen S. Morrow 19 Other Support Activities for Road Transportation Colorado Booting LLC 20 Residential Remodelers Fred Brown 21 Other Direct Selling Establishments Alyssa Marlo 22 Specialty Trade Contractors - Other Sherpa Painting & Services LLC 23 Janitorial Services Spotless Cleaning Services 24 Graphic Design Services Bahan Design 25 Carpet and Upholstery Cleaning Services Umana Enterprises LLC 26 Vacation Rental Slater Consulting, LLC 27 Residential Property Managers Resort Development Marketing 28 Specialty Trade Contractors - Other Azte-K Painting LLC 29 Specialty Trade Contractors - Other Eagle Valley Plumbing & Heating 30 Florists Lady Bug Designs 31 Other Building Equipment Contractors JDL Custom Plumbing, Inc 32 Architectural Services CMH Architects LLC 33 Residential Property Managers Avon Property Management, LLC 34 Service C & S Productions, Inc Page 6 of 6 35 Child Day Care Services Local Sitters, LLC 36 Janitorial Services Workforce Solutions LLC 37 Professional Kristi Ferraro, LLC 38 General Merchandise Stores - Other On Target 39 Florists Fancy Pansy, LLC 40 Sporting Goods Stores CADS USA Inc 41 Interior Design Services RoundHouse LLC (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: Community Survey DATE: April 6, 2021 SUMMARY: The Town of Avon is conducting a community survey to gauge citizen and business opinion regarding services, activities and direction of the Town. Engage.Avon.org, the Town’s new Community Engagement platform will be used to design and issue the survey. SCHEDULE: A timeline for completion of the 2021 Town of Avon Community Survey is provided below: • April 13, 2021 Written Report: Overview of the 2021 Community Survey Process • April 27, 2021 Work Session with Council: First Draft • April 30 – May 5, 2021 Focus Group Test Survey • May 11, 2021 Work Session with Council: Final Draft • May 17, 2021 Launch 2021 Avon Community Survey • June 18, 2021 Close Survey • July 13, 2021 Present Survey Results to Council SURVEY INSTRUMENT: Staff has worked internally to develop the themes and essential questions for the survey, including utilizing some of the 2015 and 2018 Community Survey questions. This allows comparison of responses from several years offering relevant opportunities for comparison. Several comparative community surveys were also reviewed, including the Towns of Vail and Minturn and the City of Aspen. As part of the survey design process, a work session will be conducted on April 27th where Council will review a draft of survey questions. A week of focus group testing from April 30th to May 5th will give residents, businesses and community stakeholders an opportunity to provide their ideas and input for the survey instrument. Using the information gleaned from this survey focus group, a final draft will be prepared and presented to Council on May 11th. DISTRIBUTION METHOD: The survey link will be available publicly to those who provide an email address. The link will be advertised through Vail Daily, digital marketing, Town newsletters and website, press releases, radio advertisements, interviews and social media promotion. The online survey will allow participants to choose their preferred language at the onset of the survey experience. Respondents can complete the survey from any device: computer, tablet or mobile phone. FINANCIAL CONSIDERATIONS: The community survey will be administered using Engage Avon. Council approved a budget of $10,000 in survey marketing in 2021. Thank you, Liz