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TC Packet 05-11-2021_______________________________________________________________________________ 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, May 11, 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 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. First Reading of Ordinance 21-07: An Ordinance Providing for the Adoption of a New Chapter 10.40, Off-Highway Vehicles (Chief of Police Greg Daly) (60 Minutes) 5:05 5.2. Public Hearing: Second Reading of Ordinance 21-06 Amending Chapter 13.04 of the Avon Municipal Code Pertaining to Water Use Restrictions (Town Attorney Paul Wisor) (10 Minutes) 6:05 5.3. Public Hearing: Major Development Plan for Riverfront Lot 1 - Phase II Condominium Building / 42 Riverfront Lane (Planner David McWilliams) (15 Minutes) 6:15 5.4. Work Session: Community Survey (Communications Manager Elizabeth Wood) (30 Minutes) 6:30 5.5. Resolution 21-11: Support of Pause on Oil & Gas Leasing on Federal Public Lands (General Government Manager Ineke de Jong) (10 Minutes) 7:00 5.6. Public Hearing: Outdoor use of Amplified Sound Application (CASE Manager Danita Dempsey | Darren Skanson CCM Events) (15 Minutes) 7:10 5.7. Work Session: West Beaver Creek Boulevard Parking (Mobility Director Eva Wilson & Recreation Director John Curutchet) (30 Minutes) 7:25 5.8. Approval of Talent Agreement for 2021 AvonLIVE! Concert Series (CASE Manager Danita Dempsey) (5 Minutes) 7:55 6. MINUTES 6.1. Approval of April 27, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 8:00 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority Apr 22, 2021 Meeting Summary (Mayor Smith Hymes) 7.2. Art Installations Update: Art Around Avon (CASE Manager Danita Dempsey) 7.3. Contract Archive Procedures (Town Clerk Brenda Torres) ** Indicates topic will be discussed at future agenda’s _______________________________________________________________________________ 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. 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:05 9. ADJOURN 8:20 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 MAY 25 o Presentation: SpeakUp ReachOut o Presentation: Climate Action Plan Update o Work Session: Recycling for Multi-Family o Work Session: Climate Action Investment Matrix and Net Zero Communities o Resolution 21-XX Repealing Emergency Declaration o Notice of Award: Buck Creek Road Asphalt o Public Hearing: Second Reading of Ordinance 21-07: An Ordinance Providing for the Adoption of a New Chapter 10.40, Off-Highway Vehicles o Presentation: overhaul of discoveravon.org website o Guidance for Remote Participation in Council Meetings o Written Report: USFS 717.1B Emergency Egress Planning JUNE 8 o Art Walk Presentation/Update o First reading Ordinance 21-XX Eaglebend PUD amendment- Short term rental o First Reading of Ordinance 21-XX Model Traffic Code o First Reading of Ordinance 21-XX Development Code Amendments o First Reading of Ordinance 21-XX Housing Plan Amendments o Swearing in Police Officers o Annual PD Awards o Presentation of Annual Police Dept Report o Work Session: Road 779 June 22 o Second Reading Ordinance 21-XX Eaglebend PUD amendment- Short term rental o Second Reading of Ordinance 21-XX Model Traffic Code o Second Reading of Ordinance 21-XX Development Code Amendments o Second Reading of Ordinance 21-XX Housing Plan Amendment o First Reading Ordinance 21-05 Amending Avon Municipal Code to change the definition of a reusable bag (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: First reading of ordinance 21-07 to permit Off Highway Vehicle use on public roads in the Wildridge sub-division DATE: May 11, 2021 SUMMARY: The Avon Town Council directed staff to prepare an ordinance permitting Off Highway Vehicle (OHV) use on public roads in Wildridge, for residents to access the two U.S. Forest Service roads at 779 and 717.1B. Andrea Bryan as Assistant Town Attorney, and Attorney at Garfield & Hecht, P.C., has prepared the attached draft ordinance for your consideration (Attachment A) with proposed map (Attachment B). The proposed ordinance incorporates aspects of the current Town of Eagle and Town of Gypsum OHV ordinances (Attachment C) BACKGROUND: There has been significant public input from both sides of the argument. In summary, those in favor of an ordinance have cited that they have moved to Wildridge specifically to be able to ride their OHV’s to a nearby trailhead and to enjoy all of the off-road National Forest amenities. That many OHVs are fuel injected four (4) stroke engines and manufacturers are committed in the future to producing two (2) stroke fuel injected engines. That there is little to no parking at the trailheads if one were to transport their OHV to a trailhead. That there has been a low level of police contacts/citizen complaints with or about OHV users in the last sixteen (16) years. That a number of residents who live directly around the Forest Service Road (FSR) 779 trailhead, that are in support of an ordinance permitting OHV use on Wildridge public roadways. That riders are safe, wear helmets or are inside roll cages. Those against the proposed ordinance have cited noise, speed by OHV users, increased fire risk, liability- increased OHV use may have the potential for accidents with pedestrians or automobiles, concern for increased use of OHV’s, increased carbon emissions, wildlife impacts, results from the Wildridge Community Survey (Excerpts provided in Attachment D), lack of parking facilities, a violation of the original Wildridge Covenants and a number of residents who live directly around the Forest Service Road (FSR) 779 Trailhead conversely are not in support of an ordinance permitting OHV use on Wildridge public roadways. Some respondents expressed concern for OHV use in areas other than Wildridge but the proposed ordinance only allows for public roadway use in the Wildridge subdivision. An updated list of public comments is attached to this memo (Attachment E) The proposed ordinance has incorporated aspects from the current Eagle and Gypsum ordinances. Some of the more substantial aspects to this proposed ordinance are as follows;  All Town roads and streets within Blocks 1 through 4 of the Wildridge Subdivision, beginning above the 2000 Block of Wildridge Road (South of the intersection of Wildridge Road and Old Trail Road). A map of all Town roads and streets designated as limited off-highway vehicle routes shall be made available on the Town of Avon website and at the Avon Police Department. There is no other OHV use permitted on any other Town of Avon public roadway except for Town of Avon Public Works.  The ordinance allows a 16-year-old juvenile with a driver’s license to travel on the public roadway on an OHV. The ordinance as written also allows minors under the age of 16 to travel on an OHV unless supervised by an adult traveling on a separate off-highway vehicle who is riding immediately next to, Page 2 of 184 in front of, or behind the minor operator. The Town of Eagle ordinance only allows those 16 and older, with a driver’s license, to be able to operate an OHV on town public streets. The Town of Gypsum ordinance allows a minor, younger than 16 without a driver’s license operate on public streets if escorted by an appropriate adult guardian.  There is a recommended 15MPH speed limit proposed for OHV use.  There is a requirement to have mufflers and spark arrestors on OHV vehicles, which is a requirement of the U.S. Forest (U.S.F.S.) service for travel on U.S.F.S. lands.  There is a requirement for the OHV to be registered through the Colorado State Division of Parks and Wildlife  There is a requirement for the OHV to be insured.  An operator may not drive an OHV in a careless or imprudent manner, and not with a wanton or willful disregard for the safety of persons or property. FINANCIAL CONSIDERATIONS: No direct implications. If approved, the Avon Police Department, within current resources, will enforce the new ordinance. PROPOSED MOTION: “I move to approve First Reading of Ordinance 21-07 as presented” or ““I move to approve First Reading of Ordinance 21-07 with the following amendments….” Thank you, Chief Greg Daly ATTACHMENTS: Attachment A: Ordinance 21-07 Attachment B: Proposed ordinance map Attachment C: Previous memorandum from Andrea Bryan, Attorney, Garfield & Hecht, P.C. to include the Town of Eagle and Town of Gypsum OHV ordinances Attachment D: Relevant excerpts from the Wildridge Community Survey Attachment E: Public comments ### Page 3 of 184 Attachment A: Ordinance ORDINANCE NO. 21-07 AN ORDINANCE PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 10.40, OFF-HIGHWAY VEHICLES WHEREAS, the Town of Avon (“Avon”) is a home rule municipality duly organized and existing under Articles XX of the Colorado Constitution, the Colorado Revised Statutes (“C.R.S.”), and the Town’s Home Rule Charter; and, WHEREAS, Title 10 of the Avon Municipal Code relates to vehicles and traffic; and, WHEREAS, pursuant to Article 14.5 of Title 33 of the C.R.S., Avon, by ordinance, may regulate the operation of off-highway vehicles on streets and roads within its boundaries; and, WHEREAS, the Town has heard and considered extensive public comment regarding the regulation of off-highway vehicles in Avon; and, WHEREAS, the Town desires to provide a designated route of travel for operators of off- highway vehicles to access certain recreation areas via Town streets and roads, and specifically for access to U.S. Forest Service Road 779 and 717A and 717B; and, WHEREAS, the Town Council finds that the regulation of off-highway vehicles within the Town of Avon boundaries will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the 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 the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Addition of Chapter 10.40 to Title 10 of the Avon Municipal Code. Chapter 10.40, “Off-highway vehicle” is added to Title 10, “Vehicles and Traffic,” of the Avon Page 4 of 184 Municipal Code to read as set forth in Exhibit A: Addition of Chapter 10.40 to Title 10 of the Avon Municipal Code, attached hereto. Section 2. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 3. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 4. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. 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 6. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Page 5 of 184 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on [_______________], 2021 and setting such public hearing for [_________________], 2021 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on [_______________], 2021. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Andrea Bryan, Assistant Town Attorney Page 6 of 184 EXHIBIT A: ADDITION OF CHAPTER 10.40 TO TITLE 10 OF THE AVON MUNICIPAL CODE CHAPTER 10.40 Off-Highway Vehicles 10.40.010 - Definitions. The following words, terms and phrases, when used in this chapter 10.40, 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. 10.40.020 - Off-highway vehicle routes designated. In accordance with C.R.S. § 33-14.5-108, the following streets, roads, and alleys located 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 Page 7 of 184 owner's or operator's residence or place of storage directly to U.S. Forest Service Road 779 and June Creek Trail/U.S. Forest Service Road 717A and 717B provided that the U.S. Forest Service authorizes off-highway vehicle to travel on Road 779 and Roads 717A and 717B: (a) All Town roads and streets within Blocks 1 through 4 of the Wildridge Subdivision, beginning above the 2000 Block of Wildridge Road (South of the intersection of Wildridge Road and Old Trail Road). A map of all Town roads and streets designated as limited off-highway vehicle routes shall be made available on the Town of Avon website and at the Avon Police Department. 10.40.030 - 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 than-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 ad 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 of vehicles under the Model Traffic Code for Colorado Municipalities, ads adopted by reference by the town except as otherwise provided in this chapter. Page 8 of 184 (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. 10.40.040 - 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 10.40.020 and 10.40.030(a), (b) and (d) shall be punished in accordance with the provisions of Section 1.08.010 of this Code. 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 civil infraction. 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 municipal offense punishable in accordance with Section 1.08.010 of this Code. 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 9 of 184 Attachment B: Map Page 10 of 184 Attachment C: Memorandum 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; Page 11 of 184 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. Page 12 of 184 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. Page 13 of 184 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. Page 14 of 184 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) Page 15 of 184 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. (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 Page 16 of 184 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 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) Page 17 of 184 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 18 of 184 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 19 of 184 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 20 of 184 Attachment D: Survey Relevant Excerpts from Wildridge Community Survey The 2020 Wildridge Community Survey https://www.avon.org/2239/2020-Wildridge-Community- Outreach-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: 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 Page 21 of 184 Do you support continued motorized vehicular and recreation use of Road #779? 16% Very opposed 15% Opposed 26% Neutral 22% Supportive 21% Very supportive Page 22 of 184 Do you support discontinuing motorized vehicular use of Road #779 and limiting use to passive recreation? 19% Very opposed 13% Opposed 24% Neutral 19% Supportive 25% Very supportive Page 23 of 184 Attachment E: Public comments TO: Honorable Mayor Smith Hymes and Council members RE: Public Comments Received Road 779 DATE: Compiled on May 7, 2021 Updated on May 11, 2021 at 2:20PM Council has received multiple public comments via email between March 2020 and May 2021. The various comments are compiled below in chronological order. Private email addresses and phone numbers have been removed. Page 24 of 184 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 25 of 184 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 26 of 184 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 27 of 184 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 28 of 184 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 29 of 184 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 30 of 184 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 31 of 184 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 32 of 184 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 33 of 184 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 34 of 184 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 35 of 184 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 36 of 184 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 37 of 184 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 38 of 184 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 39 of 184 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 40 of 184 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 41 of 184 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 42 of 184 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 43 of 184 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 44 of 184 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 45 of 184 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 46 of 184 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 47 of 184 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 48 of 184 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 49 of 184 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 50 of 184 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 51 of 184 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 52 of 184 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 53 of 184 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 54 of 184 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 55 of 184 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 56 of 184 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 57 of 184 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 58 of 184 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 59 of 184 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 60 of 184 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 61 of 184 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 62 of 184 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 63 of 184 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 64 of 184 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 65 of 184 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 Page 66 of 184 From: David Lau Sent: Monday, April 12, 2021 11:02 AM To: Council Everyone Group <council@avon.org> Subject: OHV Ordinance to drive from private homes to recreational trailheads Hello, I am for an ordinance allowing OHVs on public streets to access recreational trailheads in both summer and winter seasons. I live in Wildridge and use these trailheads frequently. This is a huge reason why I live and remain living in Wildridge. I think we need to advocate to some of the OHV riders to obey speed limits while on the public streets in order to maintain our on street riding privilege to access the trail heads. Please let me know if you need any further input. Thank you for your consideration, David G. Francis-Lau Page 67 of 184 From: JULIE OZOG Sent: Monday, April 12, 2021 7:29 PM To: Council Everyone Group <council@avon.org> Subject: OHV Use on Town Streets As a long-time Wildridge resident, I am emailing to let you know I support allowing OHV to be driven from private homes to the trails. It's such an amazing gift to live in Wildridge to mountain bike and to dirtbike ride from our homes. Julie Ozog Page 68 of 184 From: Susan Sent: Tuesday, April 13, 2021 10:52 AM To: Council Everyone Group <council@avon.org> Subject: OHV on Avon public roads I am in favor of the status quo for OHV on Avon's public roads. As a Wildridge resident, my primary concern is for the safety of pedestrians, dogs on leash, and drivers. I oppose any increase in allowances for OHVs in Avon. Thank you for your service to our town. -- Susan Wilke Gruber Page 69 of 184 From: Devon DeCrausaz Sent: Tuesday, April 13, 2021 12:31 PM To: Council Everyone Group <council@avon.org> Subject: Quote from Minturn Town Manager re OHV use on Town Streets Good afternoon, I reached out to the Minturn Town Manager. Below is her response: For a quote on OHVs on Town streets: “Minturn has allowed snowmobiles on town streets for quite some time with minimal issues at the staff level. This activity fits within the Town’s Community and Strategic Plans as part of the character of a small mountain town community.” Michelle Metteer Town Manager Minturn, CO 970-827-5645 e8 Thank you! Devon Page 70 of 184 From: Craig Lathram Sent: Tuesday, April 13, 2021 1:24 PM To: Council Everyone Group <council@avon.org> Subject: Support of OHV on public streets in Wildridge Hello, This email is in support of continuing to allow OHV on public streets in Wildridge for the purpose of trail access. The direct trail accesses in Wildridge are a community treasure and one of the primary reasons many of us purchased our homes here. Think of a home purchased with the (grandfathered) right of ski in/ski out resort access. If that access were to be revoked, wouldn’t the homeowner’s rights/property vaIues/lifestyle be negatively and unfairly affected? I live approximately ½ mile from the 779 entrance and regularly see OHV vehicles heading to and from the trails through my front window. In the nearly 5 years I have lived here, I have not felt like an OHV heading to/from the trail was disrespectful, too loud (louder than typical service vehicles like trash/construction/delivery) or driving at an unsafe speed. My point is that OHV access in Wildridge to/from the trailheads is not the nuisance some would like you to believe. There's just not enough evidence to support that position. Case in point: • Noise. The reality is that all OHV vehicles in the USFS are required to have silencers and spark arrestors which makes them quieter than the many trash/construction/delivery vehicles in the neighborhood daily • Pollution. In fact, the majority of OHV vehicles manufactured today are fuel injected 4 stroke engines. And KTM, which has over 80% of the off-road dirt bike market, has committed to 2 stroke fuel injection for the future. Their dirt bikes have met the more stringent European air quality standards (which not only exceed Federal US standards, but CA emission standards) since 2017 • Speeding. Let's see the ratio of speeding tickets per number of OHV users vs number of speeding tickets per number of automobile users • Safety. Whose? Not the operators with helmets or inside roll cages What really seems to be going on here is a hypocrisy that thinks their lifestyle choices somehow have lesser impact on our community than the relatively few OHV homeowners who intermittently access our local trails. In conclusion, I obviously support continued OHV access to existing trails as it's simply supported by historical use and common sense. Thank you, Craig Lathram Page 71 of 184 From: Robert Sent: Tuesday, April 13, 2021 2:55 PM To: Council Everyone Group <council@avon.org> Subject: Proposal for adoption of ordinance change for OVH travel in Wildridge Wildridge_OHV.pdf Avon Town Council, My name is Robert Tadlock and I'm with Rocky Mountain Sport Riders, which is a non-profit organization here in the Valley that works on preservation and expansion of two wheeled riding opportunities in and around our local public lands. Please find attached a letter of support for allowing OHV travel on public roads in Wildridge. I will be attending the meeting this evening if you have any questions and appreciate your time and the opportunity to provide some input. Robert Tadlock Page 72 of 184 From: korby fleischer Sent: Tuesday, April 13, 2021 3:19 PM To: Council Everyone Group <council@avon.org> Subject: OHV Public Streets Good Day, I’m in support of OHV on public roads to access trail heads. I am also in support of keeping open / re- opening all trail heads in Wildridge to the public in Winter and Summer. Korby Fleischer 5756 Wildridge Rd East Avon Page 73 of 184 From: devon decrausaz Sent: Tuesday, April 13, 2021 5:43 PM To: Council Everyone Group <council@avon.org> Subject: Memorandum - Wildridge Covenants.pdf file:///C:/Users/randd/OneDrive/Documents/Forest%20Service%20Road%20779/Memorandum%20- %20Wildridge%20Covenants.pdf Here is a copy of that Memo. Thanks! Devon DeCrausaz Page 74 of 184 From: Janet Testwuide Sent: Thursday, April 15, 2021 7:03 AM To: Sarah Smith Hymes <shymes@avon.org> Subject: Forest service access My husband, Paul and I have well over 100 years combined living in the Vail valley. We lived at Sandstone until the noise from I 70 became an issue we couldn’t live with. We moved high up on Wildridge for PEACE and SOLITUDE. We have a home with all windows that open to the great outdoors. It is a dream home and a unique situation in a world where escaping noise is almost impossible. We have put up with the random bikes traveling up the road to access. It’s annoying but there and gone. Our vote, our desire, and our perception of being able to enjoy that which we pay DEARLY FOR, ( twice the taxes we paid in Vail!) is for this to go away. Motorized vehicles are not allowed in the winter and yet every winter we see snowmobiles up on the trail as we are snowshoeing, skiing. The police KNOW who these people are( they are well connected to town hall) and yet they continue to break the law and create an unpeaceful scenario. Why don’t we do the right thing for a change and STOP the noise polluting, the fire possibilities and let people live in peace and quiet! What a novel idea. The BEST THING WILDRIDGE ever did was to NOT have short term rentals. This is why WE BOUGHT HERE! These are the covenants that make our neighborhood valuable and unique. You cannot place a value on quiet. Thank you for listening. Janet&Paul Testwuide Page 75 of 184 From: Jake Nourse Sent: Saturday, April 17, 2021 9:00 AM To: Council Everyone Group <council@avon.org> Subject: Wildridge Survey - Rd. 779 Hello, I recently learned of this from the article printed in the Vail Daily. I’m not sure how home owners in Wildridge were contacted for the survey, we were not. My wife and I purchased our home in May of 2019, one of the biggest selling points being the close proximity to both Rd. 779 and June Creek. We are avid user of both trials, year round, for hiking, running, mountain biking, hunting and OHV use. We bought into the lifestyle that Wildridge offers and love every bit of it. For the record, as homeowners in the subdivision, we are strongly opposed to any closures. Thank you, Jake Nourse Page 76 of 184 From: Carroll Tyler Sent: Monday, April 19, 2021 2:35 PM To: Council Everyone Group <council@avon.org> Cc: Dee Wisor; Pam Warren; Janet McDavid Subject: OFF ROAD VEHICLES Dear Avon Town Council, Why are we, who choose to live in Wildridge above the noise and commercialization of the Valley floor, being challenged once again to protect our residential neighborhood?? We DO NOT WANT OFF ROAD VEHICLES ON OUR STREETS OR ON US FOREST RD. 779. Speed and Noise are huge problems with these. Opening this up would encourage commercial tours and traffic. Look how the Town of Vail is now closing all parking on Booth Falls Road due to over usage. Monitors are being hired for trail access at a cost of more than $35,000.00. Wildridge hillsides are COMPLETELY DRY. One lightning bolt or spark form a vehicle on hot grass and we have to be ready to RUN. Why don’t you all look at a second way out to escape disaster rather than these dangerous requests from special interest groups?? The 18 deer living by my home would appreciate it also. Thank you, Carroll Tyler Page 77 of 184 From: Lee dePaolo Sent: Monday, April 19, 2021 7:55 PM To: Council Everyone Group <council@avon.org> Subject: Off road vehicles I am a resident of wildridge at 5774 wildridge rd. I am very against having off road vehicles going back and forth in front of my home. I moved to wildridge for the quiet Why should they be allowed to do so here. Our neighborhood is residential and not backcountry. In addition, we don’t need more wear and tear on our streets which would incur more costs for street maintainence. All in all a bad idea. Let’s kept wildridge a pleasant place to live When people buy backcountry vechicles they know they have to buy trailers to take them to backcountry locations. Lee depaolo Page 78 of 184 From: MARK KOGAN Sent: Tuesday, April 20, 2021 2:30 PM To: Council Everyone Group <council@avon.org> Cc: Colleen Reitan; Debbie Shpall; Ronald Wolfe; Peter P. Copses; Dee Wisor; Jeff Snyder; Emily McMurray Walz Subject: Off Road Vehicles Dear Town Council, I have recently been appointed the President of the Mountain Star Homeowners’ Association. Previously, Jim Gustafson was President but he has sold his residence in Mountain Star, with the closing scheduled for the next week or so. I’m writing to you as a private citizen regarding the potential ordinance that the Town is contemplating for off road vehicles. I, along with a great number of Mountain Star residents, are very worried about the potential for off road vehicles on public roads. While I certainly don’t have all of the facts that you have right now, here are my concerns: • Liability - Avon has billed itself, and has worked hard to achieve its status, as a pedestrian- friendly town. Were off road vehicles to be more prevalent on public roads, the potential for these vehicles to become involved in an accident with pedestrians and automobiles would increase significantly. If these vehicles do not carry liability insurance, then there is the potential for lawsuits that could involve more than the parties to the accident. The Town could be dragged into these lawsuits. • Speed - It has been my experience that off road vehicle users are not as cautious regarding speed and stop/yield signs as drivers of road-licensed vehicles. I again worry about speeding, accidents and other safety and noise issues. • Access to Trails - If we encourage off road vehicles in Avon, I believe that more traffic will be created in the Wildwood region, which again is a family-friendly place. Aside from the aforementioned safety concerns, non locals will not know our trails as well as locals. They could easily migrate into neighborhoods, and we face the risk in Mountain Star both of hearing these vehicles as well as having them stumble into Mountain Star’s private roads where they are not allowed. • Carbon Footprint - In a time where Avon is striving to reduce its carbon footprint (both in its buildings and town vehicles), allowing off road vehicles on public roads seems to run contrary to the Town’s messaging on reducing its carbon footprint. There are no electric off-road vehicles of any import. So any ordinance allowing them on public roads will lead to more of them in our community, resulting in more emissions and more noise pollution at a time when the Town is seeking to reduce the same. For the above reasons (and giving voice to others in Mountain Star), I respectfully but strongly discourage any ordinance that will lead to poor road safety and more pollution. Sincerely, Mark Kogan (a private citizen) Page 79 of 184 From: Peter Copses Sent: Tuesday, April 20, 2021 3:03 PM To: Council Everyone Group <council@avon.org> Cc: MARK KOGAN Subject: Fwd: Off Road Vehicles Dear Town Council, We are residents of Mountain Star and are writing to inform you that we whole-heartedly support all of the comments made by Mark Kogan in his email below concerning the potential ordinance the Town is contemplating that would allow off-highway vehicles on Avon’s public roads. We join Mark in urging you to reject any such ordinance as it will lead to poor road safety, more noise and more pollution, among other nuisances. Thank you for your consideration. Peter and Judy Copses Page 80 of 184 From: Mike Rushmore Sent: Tuesday, April 20, 2021 7:25 PM To: Council Everyone Group <council@avon.org> Subject: Thoughts on Off Road Vehicles on Our Avon Streets I am writing this note to the Avon Town Council as a full time resident, property owner, and avid fan of off road vehicles. I own a total of four different off road machines including one which is a four place vehicle capable of being driven on a public street. I use my machines often, primarily off road but to a limited extent on public roads. As I think about how I have used my machines over many years, as compared to using them on the public streets of my home town, I see a complete disconnect. The first issue is safety. Off road machines are designed and manufactured primarily to handle off road conditions. The designers do this at the expense of on road handling and safety. While these machines do of course work on a paved road, in heavy traffic, when driven responsibly, they do not in fact handle well or do well in terms of survivability of a collision. The idea of placing a family of four tourists in a machine designed for different conditions, and then expecting them to navigate our roundabouts next to another visitor also trying to figure out how a roundabout works, is a recipe for disaster. The second issue is the distance of travel on the public street. The sole reason that I drove my off road machines on a public road is to travel very short distances for the specific purpose of accessing a trail for which the machine was designed. I do this when I need to reach an irrigation ditch in need of repair, or some similar agricultural work. I do not commute in an off road machine, as much fun as that might be. The idea of using an off road machine a very short distance to access a trail or a job seems reasonable, but how does that harmonize with travel in the town of Avon? To my knowledge, we have very limited off road access in Avon, and it is highly concentrated. The third issue is impact on our public land and trails. Turning the entirety of our town over to off road machines so that they can pour into a very few Avon trailheads strikes me as the wrong use of our public roads, and a plan to over-run our few off road trails, turning them into the equivalent of streets themselves. My view is that off road machines are appropriate for off road - oriented communities surrounded by a volume of trails able to absorb the traffic. That is not Avon, and therefore our streets should be reserved for their highest, best and safest use. Mike Rushmore Mountainstar resident Page 81 of 184 From: McDavid, Janet L. Sent: Wednesday, April 21, 2021 9:53 AM To: Council Everyone Group <council@avon.org> Cc: Dee Wisor; John McDavid Subject: Proposed Ordinance to Allow Additional Off Highway Vehicles in Wildridge We are writing to oppose the proposed Avon Ordinance to allow additional Off Highway Vehicles (OHV) to access the streets in Wildridge. We own a home in Wildridge. The residents of Wildridge have previously expressed concerns about enhanced traffic in a purely residential neighborhood, such as during the debate about bike trails several years ago. The residents also have expressed considerable concerns about the fire risks in Wildridge, especially because there is only one road that provides access to Wildridge, which poses a serious problem in the event of emergency, such as fire. The proposed ordinance may actually increase traffic from outside of Wildridge into our neighborhood which would have a negative impact on the safety of pedestrians, traffic congestion, increased noise and air pollution, etc. Threats to wildlife, as have been clearly documented by environmentalists and was also true with respect to the proposed bike trails, are also of concern. Enabling increased volume of motorized traffic to FSRs #779 and #717.1B could increase the risk of human caused wildfires. According to the 2020 Wildridge survey, 78% of respondents gave the highest priority to developing a second egress route out of Wildridge in the event of a fire or other emergency. As an alternative, Council could focus their attention on this topic by seeking a second egress route out of Wildridge, rather than enabling more traffic that may increase the likelihood of a wildfire in our backyards. If the Town Council adopts the ordinance, please exclude Wildridge, which is a purely residential community, unlike many of the other roads in Avon, many of which are either commercial or mixed use. Janet and Gary McDavid Page 82 of 184 From: Joel Matta Sent: Friday, April 23, 2021 11:04 AM To: Council Everyone Group <council@avon.org> Subject: Off road vehicles allowed limited travel on Avon public roads Dear Avon Town Council, You have received a letter from Mr Mark Kogan attached below which was copied to Mountain Star Residents. Mr Kogan has identified himself as the President of the Home Owner’s association of Mountain Star however, please note that he is writing as a single private citizen and does not purport to represent the views of any other Mountain Star residents. I am also a Mountain Star resident writing as an individual and have an opposite point of view to Mr Kogan. I strongly support the legal access for travel on Avon roads for appropriate distances of individuals operating unlicensed off road vehicles (motorcycles, 4 wheel vehicles) for the purpose of accessing appropriate recreational areas. Keep in mind that many individuals in golf communities drive their unlicensed golf carts on public roads to and from the golf course. How can loading a dirt bike or 4 wheeler onto a trailer behind a pick-up truck to go a short distance to the recreation area help carbon footprint and pollution? I do not own any off road vehicles. I do not participate in operating off road vehicles. I currently have to plans for ownership or off road motor vehicle activity. In summer I enjoy golf, trail hiking and some mountain biking. In the winter I enjoy cross country and downhill skiing. When I moved here from Southern California however, in 2017 I was very favorably impressed by the Western Colorado Culture of outdoor sport activity. Outdoor sport here has a very wide definition of hiking, climbing, skiing, snowmobiling, hunting, fishing, dirt motorcycles, 4 wheeling, etc. Many individuals do a wide variety of these activities. Even though enjoying motor vehicles off road is not something I do, I know it is enjoyed by many and part of the Western Slope culture that I have no intention of trying to alter. To me, co-existence and sharing our wonderful outdoors with others and their activities is important. For example, sometimes while hiking I have shared a trail with a dirt bike(s) or have encountered a snowmobile while cross country skiing. In reference to Mr Kogans letter, we can always imagine liabilities and dangers but we also need a balanced point of view. Probably the 5000cc 500hp turbocharged Porsche Cayenne that I drive up and down Buck Creek road to my home has a bigger carbon footprint, causes more pollution and travels at a higher velocity than a transiting 250cc dirt bike. Sincerely, Joel Matta, MD Mountain Star Resident, Surgeon, The Steadman Clinic Page 83 of 184 From: Colleen Reitan Sent: Tuesday, April 27, 2021 2:21 PM To: Council Everyone Group <council@avon.org> Subject: Off Road Vehicles Dear Avon Town Council, My husband and I are residents of Mountain Star with a property situated towards the Wildwood development. We have recently been informed that the City of Avon is reviewing a change that would allow off road vehicles to access the roads in Wildwood connecting them to trails in the national forest behind the community. I am very concerned about this proposal. More than once we have encountered hunters who have used the Mountain Star private roads to leave after accessing the National Forest via the Wildwood area. We are very concerned that this type of activity will increase if off road vehicles are allowed in the area. While the issue of encountering hunters alone is concerning, there are other concerns I have with this matter: -- Increased fire risk: With any increased access to the wilderness area behind residential areas we all must consider the grave issues of wildfire. As you know, the vast majority of wildfires are human caused. If off road vehicles are allowed, this will increase the ability to bring more supplies, stay longer and disrupt the environment. Careless use of stoves or campfires is a reality in our surrounding forests, encouraging the use of off road vehicles so close to residential areas seems only to make wildfires more likely and the consequences more severe. -- Liability: Avon has worked hard to achieve its status as a pedestrian-friendly town. Were off road vehicles to be more prevalent on public roads, the potential for these vehicles to become involved in an accident with pedestrians and automobiles would increase significantly. If these vehicles do not carry liability insurance, then there is the potential for lawsuits that could involve more than the parties to the accident. This type of liability will only increase costs for the City of Avon. -- Access to Trails: By encouraging off road vehicles in Avon, more traffic will be created in the Wildwood region. Wildwood is a family neighborhood, and increased traffic creates risk for children and other resident use. Also, if non locals, who do not know our trails as well could easily migrate into neighborhoods. We face the risk in Mountain Star both of hearing these vehicles as well as having them stumble into Mountain Star’s private roads where they are not allowed. As I mentioned above, it already happens during the hunting season, and this would only encourage more adjacent use. For these reasons and others I sincerely oppose the creation of an ordinance that allows off road vehicles on Avon roads. I'm happy to respond as needed. Thank you for your time. Colleen Reitan (908 Chiming Bells) Page 84 of 184 From: pam warren Sent: Monday, May 3, 2021 9:33 AM To: avoncoucilweb@avon.org; Council Everyone Group <council@avon.org> Subject: Survey Says: Oppose OHV Ordinance Mayor Smith-Hymes and Members of the Avon Town Council: It's hard to believe it's only been 10 months since the Wildridge 2020 survey was launched. An overwhelming number of Wildridge owners and residents (798) took the time to take the survey. The Council now has access to a data base that provides a clear picture of subject matters that continue to be very relevant to members of our neighborhood. The survey results should not be ignored. Here is a summary of salient points. The top 3 issues voiced by 70% or more of the respondents were: 1. Establishing an emergency only evacuation route on June Creek. Result: town is working toward a solution. We would like to hear more details on project status. 2. Protecting Open Space and not allowing community housing to be built on tracts designated as “Open Space”. Result: Proposed Wildwood Community Housing Project cancelled. 3. Opposing short-term rentals on a limited or full-time basis. Result: No Short-term rentals allowed in Wildridge. Thank you, Council members for addressing some of our top concerns. I would also like to point out some additional relevant points gleaned from the survey that should be taken into consideration by the Council. o Traffic. Speeding is a major issue. Safety is a priority and we need more enforcement. o The covenants have value and need to be protected. o Strong desire to maintain the quiet, residential character of the neighborhood. • Additionally, the survey results validate that 44% of the residents are in favor of discontinuing Off-Highway Vehicle (OHV) use on FSR #779 while 32% are supportive of enabling motorized vehicle use. • 55% support passive use of FSR #779 for walking or biking and 20% don’t use at all. 17% are users of ATVs, 4 by 4s, dirt bikes (OHVs) and 4% are snowmobile users. (currently illegal on 779) We recognize that there are differences of opinion on the proposed OHV ordinance being discussed at the May 11 meeting. That said, if the Town Council takes a position that favors the adoption of an ordinance that changes the municipal code to promote legal use of OHVs on defined roads in Wildridge that would be in sharp contrast to the input from a majority of residents who are opposed to that proposal and believe it would: Page 85 of 184 1. Generate increased traffic and speeders on our streets and with limited enforcement this is a major safety concern. 2. Increase risk of wildfires due to increased OHV usage on 779, another major safety concern. 3. Negatively impact the quiet, residential character of neighborhood due to additional traffic and anti-social noise from loud exhausts of OHVs. 4. Violate the covenants which prohibit recreational off-road vehicles on any public street or land within the subdivision except for emergency or maintenance purposes. Bottom line: An ordinance that is consistent with the Wildridge Protective Covenants and State Statutes that strictly limit or prohibit OHV uses on all Avon streets should be enacted and enforced. Thank you for taking the time to seriously consider the input you received from so many people who recently participated in the Wildridge 2020 survey. Regards, Pam Warren Wildridge Resident since 2005 Note: For Wildridge residents and council members who haven’t done so, you may want to take a closer look at the last 10 pages of approximately 300 comments from the residents, located on page 30-39 of the survey results posted on the Avon web site. PowerPoint Presentation (avon.org). Page 86 of 184 From: pgwarren Sent: Monday, May 3, 2021 9:42 AM To: Council Everyone Group <council@avon.org> Subject: Please Vote No on OHV Ordinance Mayor Smith-Hymes and Members of the Avon Town Council: Rumor has it you have not heard much opposition to the proposal to allow Off-Highway (motorized) Vehicles (OHVs) to operate of Avon’s public roads. Here are some counter arguments we’ve heard to- date: Wildridge Covenants Some historical facts including: - 2016 – A proposal to create bike trails on WIldridge open space was brought forward and ultimately defeated in large part due to its violation of the WIldridge Covenants covering the restrictions on what is/is not allowed. Point of facts: 1) the opposition to this proposal had legal representation by an attorney from Garfield-Hecht, the ToA’s current legal firm, and 2) an overwhelming number of residents of Wildridge expressed their vehement opposition to this proposal --- these resulted in a majority of the Council to vote against the proposal. - 2020 – Many members of the current Council were a party to a proposal to build workforce housing on designated open space in Wildridge/Wildwood. Residents who were opposed were represented by another legal counsel who effectively argued against the proposal, citing elements of those Covenants as evidence. These Covenants are not dormant. They include a prohibition of the use of Off-Highway (motorized) Vehicles on Wildridge streets as well as another prohibiting parking of any vehicle on Wildridge streets. Environmental Concerns for USFS Roads 779 & 717.1B - Wildlife – It has been well and repeatedly documented by the Colorado Parks and Wildlife experts and others that wildlife has been decimated throughout the Valley (e.g. Elk herds). The Town of Vail voters have elected members who ‘get it’ and they are currently attempting to save a herd of long-horn sheep from development/human encroachment. The ordinance that the Avon Council is considering will cause a significant increase in human encroachment into open space by motorized vehicles that will no doubt exacerbate the demise of the wildlife that are so valuable to our town, county and state. - Pollution – Please read the Sierra Club report (Environmental Effects, Off-Highway Vehicles, Bureau of Land Management,bibliography (sierraclub.org) ) regarding the impact on soil, air, water, noise and wildlife from ATV’s, dirt bikes and snowmobiles. It is clear that the impact is not consistent with good environmental stewardship. - Traffic – Where will out-of-town OHV users, who happen to account for about a third of the advocates of the proposed ordinance, park their trailers in order to have access to the OHV authorized streets this ordinance would allow? Representative Government, Leadership by Example, and the Role of Government - There have been a number of Council comments relating to their personal use and/or family use of these recreational vehicles. Some members of the Council have previously spoken eloquently on the responsibility to represent constituents and not self-interest. Has the true role of governing been forgotten?. - Last summer’s Wildridge Survey results should not be ignored – they clearly illustrate the residents’ opposition to motorized vehicles, in winter and summer, utilizing USFS Road Page 87 of 184 779. Ignoring these data points is not good governing nor good optics, especially when a number of residents of West Beavercreek Boulevard just this past week convinced Council not to allow parking on that road due to safety concerns. - Police Chief Dailey has stated that the departments job is to “educate, not enforce” various codes and laws. This is in contrast to former Police Chief Ticer’s memo of July 2011 outlining why parking on Wildridge roads is not allowed for safety reasons. Of note is that Chief Ticer’s position mirrors that of the Wildridge covenants. - Many Wildridge residents utilize and greatly appreciate the bike/pedestrian lane the Town installed some years ago. Both the lower (Old Trail-Beartrap-Wildridge Road) loop and the upper Wildridge Road loop are used by many town residents and visitors alike to reach Forest Service Roads as well as just for exercising. That’s the purpose of those lanes. I’d submit the first responsibility of government is to provide for public safety. Increasing traffic congestion by enabling Off-Highway Vehicles to utilize public street throughout the Town, especially by young, unlicensed operators (see the Vail Daily photo of an 8 year-old on a mini motorcycle), potentially using the designated bike paths currently available ONLY to bicycles, pedestrians, mothers with baby carriages, etc. is NOT providing responsible government. Thankyou for considering these points in your deliberations. Your constituents are counting on you to be consistent in your stewardship of the environment and good governance. Peter Warren Page 88 of 184 From: McDavid, Janet L. Sent: Monday, May 3, 2021 9:54 AM To: Council Everyone Group <council@avon.org> Cc: 'John McDavid'; Pam Warren Subject: RE: Please Vote No on OHV Ordinance We are writing to join in the comments provided to the Council this morning by Peter and Pam Warren. We have previously provided the Council with comments in opposition to the proposed OHV ordinance, but Peter has made the arguments even more effectively than we did in our previous notes. We strongly urge the Council not to adopt the proposed OHV ordinance. Janet & Gary McDavid Janet McDavid Page 89 of 184 From: Robert Fink Sent: Monday, May 3, 2021 11:40 AM To: Council Everyone Group <council@avon.org> Subject: We oppose opening Wildridge roads to off road, unregistered vehicles We are Robert and Marjorie Fink, permanent residents at 2610B Bear Trap Rd in Wildridge. We understand that the Council is considering a special ordinance that will allow off road, unregistered vehicles to drive up to and into Wildridge to access forest roads; something not otherwise permitted by State law, and restricted by the Wildridge covenants which we all are subject to when we bought up here (we did for both our first Wildridge house and this one too). We oppose this possibility and think that the Council should not do anything deliberately to violate the covenants as the Council is really the entity we should go to to enforce them. In all events, the Council may be thinking of a minority of people in Avon or Wildridge, but it is not acting on behalf of most of Wildridge residents, who are happy to live up here enjoying beauty and peace and quiet. Wildridge residents did not buy and move families up here to be part of a tourist attraction. My personal observations is that the thought that all these vehicles will be as quiet as cars and obey the speed limit is not supported by the facts. We are all part of your constituents; and I wonder if the council is considering overriding State law to impose unwanted traffic and noise and, to some extent danger to children and adults, on the rest of their constituents? We urge you not to imposed this change in the law on us. Respectfully submitted, Robert and Marjorie Fink Page 90 of 184 From: Spitzer Richard Sent: Monday, May 3, 2021 2:13 PM To: Council Everyone Group <council@avon.org> Subject: Letter to Avon Town Council - Off Highway Vehicle Ordinance Mayor Smith-Hymes and Members of the Avon Town Council: I am writing to oppose a position of the town council that would adopt an ordinance that changes the municipal code to promote legal use of OHVs on defined roads in Wildridge. I also support the passive use of FSR #the 779. In many ways these two proposals are tied together. If OHVs are allowed on defined roads in Wildridge and the use of ATVs, 4 by 4s, dirt bikes (OHVs), and snowmobiles are allowed on the Forest Service Road we will see an increase in problems associated with those vehicles. There are already a number of dirt bikes and ATVs that are noisy and speed on Wildridge roads. The quiet nature of the Wildridge community will be negatively impacted. Some of these users already violate the FSR closure and the ease of getting to that road will exacerbate the problem. It is my understanding that the majority of residents in a survey are opposed to these proposals and believe it would be detrimental. In addition they would violate the covenants which prohibit recreational off-road vehicles on any public street or land within the subdivision except for emergency or maintenance purposes. I am hopeful that you will respect the Wildridge covenants, as well as the survey, and not approve either of these two measures. ====================== Rick Spitzer Page 91 of 184 From: Nick Borelli Sent: Monday, May 3, 2021 4:53 PM To: Council Everyone Group <council@avon.org> Cc: Nick Borelli Subject: OHV Opposition from a Wildridge resident Dear Mayor Smith-Hymes and Members of the Avon Town Council, I am writing to express my heavy opposition to the proposal which would allow OHVs to use Avon’s town roads. I bought a Wildridge home in 2018 due to the quiet, residential feel of the neighborhood. It’s a unique place where humans and wildlife peacefully coexist. It’s also an area with covenants...covenants that don’t allow for OHVs: Covenants exist for a reason; they ensure a certain level of housing uniformity and quality of life/neighborhood feel. Dismissing this covenant will change the way Wildridge feels, and will create a host of safety and environmental issues. Here’s why: 1) Noise concerns OHVs are much louder than passenger vehicles. If you allow OHVs then our peaceful neighborhood will be no more. I don’t want to be having my neighbors over for dinner on my deck and not be able to have a simple conversation. I bought a home in Wildridge knowing that these vehicles aren’t permitted; changing that is unfair to those of us who live here and expect a certain neighborhood feel and noise level. I purposefully bought at the top of Wildridge to get away from valley noise. 2) Property values Increased noise will certainly take away some of the appeal of living in Wildridge. Consequently, it can have a negative impact on property values. 3) Safety concerns Page 92 of 184 Permitting OHVs in Wildridge would pose a danger to pedestrians and bikers. If you’ve ever been to Wildridge on a beautiful, sunny day you know that many people take advantage of the pedestrian lane. Allowing OHVs would increase traffic, putting pedestrians more at risk. Moreover, having to listen to OHVs while recreating near them is very unpleasant. I’ve see a number of parents walking with strollers, and putting their safety at risk is not ok. Also, OHVs would inevitably result in children driving in my development without even being licensed. That’s a safety problem. Speaking of safety, the 2020 the results of the Wildridge Survey indicate that 43% of participants support traffic controls and efforts to reduce speeding, while only 34% do not...as a constituent of the people in Avon I hope you recognize this. Allowing OHVs would only enhance safety concerns of residents. This brings us to the next issue. If you allow OHVs in Wildridge there will be increased traffic volume on FSR 779. This would further negatively impact Wildridge and the surrounding space. Here’s why: 1) Environmental concerns If OHV traffic increases on FSR 779 this creates a whole set of environmental issues. Not only will there be increased air pollution, but there will be more soil compaction, less soil water infiltration, susceptibility to erosion, and even more impacts to vegetation. Did you know that OHV traffic can allow disturb native vegetation while giving invasive vegetation a chance to thrive? This USGS survey is very insightful, and shows how detrimental OHVs are to the environment: https://pubs.usgs.gov/of/2007/1353/report.pdf We can’t forget that the added noise pollution will also be detrimental to wildlife, including their movement. 2) Parking Should the OHV culture be permitted in Wildridge, surely this will increase the demand for parking at the base of FSR 779. There’s not a lot of room for parking, and the covenants don’t allow on street parking. If people park on the street, this forces pedestrians to be in the middle of the road, creating more safety issues. Also, some people transport their OHVs in trailers. Where do you propose they park? 3) Safety on FSR 779 The 2020 Wildridge survey responses indicate that of those who use FSR 779, 55% use it for passive recreation and biking. If you’re adding OHV traffic, that means all of these people’s safety are being put at risk. Remember, parts of FSR 779 are windy and narrow. Adding more OHVs on FSR 779 increases the risk of accidents (and also the noise generated by OHVs takes away from the serene experience). Page 93 of 184 In closing I’d like to remind you that the 2020 Wildridge surgery indicated that 44% of the participants supported discontinuing motorized vehicles on FSR 779, while allowing passive recreation. Only 32% opposed this. This is another clear indicator that more residents in Wildridge want fewer OHVs on the road, not more. Thank you for listening to my concerns. I hope you can understand that allowing OHVs in Wildridge is a huge mistake. It would impact the Wildridge quality of life, and unnecessarily create numerous safety and environmental concerns. In the future it would be nice to see some legislation to permanently prevent OHVs from being on the roads in Wildridge. I would also like to see the town of Avon police enforce this. Regards, Nicholas Borelli Wildridge Resident Page 94 of 184 From: Lutomirski, Paula Sent: Monday, May 3, 2021 10:04 PM To: Council Everyone Group <council@avon.org> Cc: O'Leary Prentice Subject: Allowing OHVs on Wildridge roads We oppose allowing OHVs to drive on Wildridge. We agree with the many other residents/owners that this is unacceptable for so many reason. Once again, you are listening to outside voices and NOT being responsive to those who live here. Please reread the results of the 2020 Wildridge survey and VOTE NO on this change. Thank you, Paula and Prentice O’Leay 2060 Beaver Creek Pt Page 95 of 184 From: Marjorie Fink Sent: Tuesday, May 4, 2021 9:39 AM To: Council Everyone Group <council@avon.org> Subject: We oppose opening Wildridge roads to off road, unregistered vehicles To the Avon Town Council: My Husband and I reside at 2610B Bear Trap Road and have already sent some comments. We have lived in Avon since 2012 having chosen this community for it’s beauty, quiet and serenity. The following are some additional concerns and comments regarding opening our roads in Wildridge to unregistered off road vehicles: 1) First and foremost is the safety of our children in this community. It is not clear if the access will include June Creek road past the playground. If it does this is an act of total disregard for the children who live in the June Creek area and in all of Wildridge. There are many young children who live in this community and who also live close to the June Creek access and play in the playground. We have personally seen children run into the road after a ball, riding their bike in or near the road or cross the road to go to the playground. Even if this is not the access being discussed, there is no guarantee that once access is permitted that drivers of these unregistered vehicles will not drive past the playground and access the trails through June Creek. These drivers will not only include residents of our community but people unfamiliar with the trails who may not understand or care which access they take. 2) Unregistered vehicles tend to be noisy and may expel fumes in our environment. The very reason most of us moved here was for a quiet residential community which will be totally disregarded. 3) The Forest service trails tend to be narrow and windy. When we hike and snow trek them ( which many Wildridge residents here do frequently) we have had to move off the trail whenever a vehicle has been on the same trail . This has happened from time to time. We can’t even imagine , if access is opened up, how difficult it will be for hikers to share the trails with more vehicles and more on a much more frequent basis. We feel we will no longer be able to hike there safely. Basically, if this is passed, those not on vehicles will no longer be able to enjoy access. This is a significant concern since Wildridge has been singled out as the only Avon access for these vehicles. Thank you in advance for considering our concerns, Marjorie and Robert Fink Page 96 of 184 From: D & T Smith Sent: Wednesday, May 5, 2021 8:58 AM To: Council Everyone Group <council@avon.org> Subject: FW: Please Oppose the proposed Off Highway Vehicle (OHV) Ordinance Mayor Smith-Hymes and Members of the Avon Town Council: The most recent data from the Wildridge survey regarding Off Highway Vehicle (OHV) Ordinance clearly shows that the residents of Wildridge oppose legalizing the use of these vehicles on Wildridge roads. Only a small minority, including many non-residents of Avon, support the proposal. This proposed ordinance is reminiscent of past attempts to open Wildridge to bike races and other uses that were also opposed by the majority of residents. Support for this ordinance will only indicate your willingness to ignore the wishes of the electorate. Everyone seems to forget / ignore that Wildridge is a residential neighborhood and NOT a playground. Let’s also remember the damage to wildlife that will occur. Please pay attention to your constituents and oppose this ordinance. Sincerely Dan and Terry Smith Page 97 of 184 From: Ron Warren Sent: Wednesday, May 5, 2021 9:59 AM To: Council Everyone Group <council@avon.org> Cc: Nick Borelli Subject: I do not support use of off-road vehicles on Avon public roads. Existing laws should be enforced Greetings, There is a small group that is pushing to allow off-road vehicles to use Avon public roads. Their intention is to be able to drive their off-road vehicles to the nearest trailhead. I do not support this proposal and instead ask the Avon Police Department to enforce existing traffic laws. I’ve owned a house in upper Wildridge for three years. I’ve observed that dozens of off-roaders already use the Avon public roads for trail access, despite it being illegal. Avon should be enforcing the current laws, not allowing lawbreakers to flaunt their illegal behavior. The noise level from off-road vehicles is much more than “street-legal” ones. Many have two-stroke engines and minimal mufflers, which make them very loud. The operators typically do not follow traffic laws, rolling through stop signs and exceeding the posted speed limits. Many Wildridge residents use Wildridge road for walking their dogs and going for walks with their families. Legalizing off-road vehicle use of these roads will sacrifice the safety of these walkers in order to provide convenience for the few off-roaders. These off-road vehicles emit many more noxious fumes and greenhouse gases than their on-road counterparts. Avon preaches that it’s going carbon neutral. These vehicles are anything but that. There are also groups of motorcyclists that also ignore the seasonal trail closings because they can easily bypass the access gates. This endangers wildlife and contributes to trail erosion and degradation. If the council misguidedly approves the use of off-road vehicles on Avon public roads then I propose that there must be a mechanism to require off-road vehicles to meet CO on-road vehicle noise limits AND follow the traffic rules that all others must follow. One option would entail having an Avon PD officer stationed, during peak use periods, at the access point to 779 to ensure compliance. I also propose that this misguided approval be temporary, with a reassessment after a year . It should be incumbent on the off-roaders to show that they’re complying with traffic laws and noise , not on the rest of the community to prove that they aren’t. Thanks for your consideration! Ron Warren Page 98 of 184 From: Mayor Kelly Jones Sent: Wednesday, May 5, 2021 12:24 PM To: Council Everyone Group <council@avon.org> Subject: US 779 Importance: High Mayor and Councilmembers: I am writing to express my strong opposition to opening US 779 to snowmobiles and motorbikes, in addition to off-highway vehicles. My wife and I have owned our home on upper Wildridge, directly across the street from US 779, since 1997. For over 24 years, our family has enjoyed, not only the world-class views of Beaver Creek and the Sawatch Range from our residence, but also the peaceful quiet of our residential neighborhood, only briefly interrupted by vehicular traffic going up or coming down the mountain trail. Opening up US 779 would have nightmarish negative consequences for our neighborhood. I obviously understand the importance of outdoor recreation, but please don’t change the rules on usage of this trail directly across from our home after 24 years’ of ownership. As you can see from my signature, I am a current mayor, so I understand municipal procedures and varying points of view. Potential benefits to the community at large must be weighed against the adverse consequences to those most directly impacted, and nobody in this community will be more negatively impacted than our next-door neighbors and us. Respectfully, Kelly Jones Page 99 of 184 From: Jim and Suzanne Yager Sent: Wednesday, May 5, 2021 4:33 PM To: Council Everyone Group <council@avon.org> Cc: 'Suzanne Yager' Subject: Wildridge OHV Ordinance - opposed Dear Town Council Members We are opposed to the ordinance which would legalize the use of OHVs on town streets in Wildridge. OHV vehicles will increase noise pollution in our pristine environment. OHV vehicles are noisy machines. Further, as avid hikers, we are concerned that multi-use trails will be overrun by such vehicles, making it very unpleasant for hikers. Please consider the impact on our beautiful pristine mountain environment and take action to keep it pristine. We are traveling out of town on May 25 and therefore are unable to attend the Town Council meeting scheduled for that date. Thank you, Jim and Suzanne Yager Page 100 of 184 From: Vaughn DeCrausaz Sent: Thursday, May 6, 2021 8:43 AM To: Council Everyone Group <council@avon.org> Subject: ATVs on Wildridge Roads Avon Town Council I live in Eagle-Vail and have since 1986. I spend time up in Wildridge at the home of my daughter, Devon. She lives at the top near the Red and White Road #779. I truly enjoy driving or riding on the ATV side by side on the trails above Wildridge. From the ATV we hike up Red and White and around the associated ridges. I also follow the grandkids on their dirt bikes as support. It is such a joy to know the grandkids have learned to enjoy and respect the outdoor areas and that they are NOT sitting in their bedrooms on electronic devices, smoking, vaping or worse. The influx of people into this area over the past year because of the Corvid lockdowns in other states shows that people want to be outside and free from restrictions. It’s why they came here temporarily or are moving here permanently. Unfortunately, they come from states that have restrictions and when they get here they want to impose those same restrictions us. I don’t understand. The existing homeowners in Wildridge and Avon are the users of that system of roads. They moved there to take advantage of those outdoor activities. If you make it illegal for them to do so or require them to trailer their vehicle the few blocks to the trailhead, they will sell their homes and move someplace less restrictive and more outdoor friendly. What will that then do to our home prices? Thank you for your time and consideration. Vaughn DeCrausaz Page 101 of 184 From: John Goike Sent: Thursday, May 6, 2021 12:01 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge OHV use To whom it may concern, Part of the reason I moved to Wildridge 20 yrs ago was for the use of trailhead, and it seems very silly and unsustainable to load OHV’s onto trailers to drive a block and not to mention no parking at trail head. So I am in strong agreement to allow OHV on our streets of Wildridge. I also know the hikers do not like these vehicles on june creek trail but it is a road and it would be nice if we could build walking trail along june creek to solve this issue. Page 102 of 184 From: Rob Warner Sent: Thursday, May 6, 2021 12:13 PM To: Council Everyone Group <council@avon.org> Subject: ORV and snowmobile use in Wildridge. Hello, I live at 4012 Wildridge Rd. I purchased this home here so I could use ATVs, motorcycles and snowmobiles in this area. Please restore use of these vehicles in this area and reopen the access trails. I would like to see ATV use allowed on all roads in Avon but am willing to compromise if Wildridge usage is the best we can do. Thank you, Rob Warner Page 103 of 184 From: George Plavec Sent: Thursday, May 6, 2021 2:25 PM To: Council Everyone Group <council@avon.org> Subject: ohv I have been a resident of Wildridge for 27 years. I am a dirtbiker and ride an ATV on the trails above Wildridge. I support OHV use to access trails. I live near the upper access and trail traffic does not bother me. I do not support paying the police to regulate OHVs. They are there to protect the people and enforce legitimate laws. George Plavec Page 104 of 184 From: Jeff Morgan Sent: Friday, May 7, 2021 7:08 AM To: Council Everyone Group <council@avon.org> Subject: Support of OHV use in Wildridge To whom it may concern, This Ordinance will not result in OHVs driving through the roundabouts in Town. The Ordinance would only provide for use on Metcalf Rd., Wildwood Rd. and streets in Wildridge to and from storage, garages or our homes to the trailheads. The Ordinance will not increase traffic on town streets. We have been driving on OHVs on town street to and from the trailheads for the last 16+ years, without incident, see Policy Chief Daly's report.The Ordinance will not create excess noise nor effect the peace and quiet enjoyment of our neighborhood. They are not any louder than construction, delivery and trash vehicles or lawn mowers. The Ordinance will not cause more pollution because we will be able to legally ride close to home and avoid the gas guzzling, carbon emitting journey to a far away trailhead. The Ordinance will not have a negative impact on wildlife. Studies show humans on foot, especially with dogs, more often invoke fight or flight response than humans on machines. The Ordinance will not increase the risk of wildfires as our vehicles have spark arresters. Additionally, our group may identify, put out and/or report fires caused by lightning strikes. The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use. Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants against our particular user group. Jeff Morgan Page 105 of 184 From: L Rosser NEW Date: Wed, May 5, 2021 at 9:57 PM Subject: OHV In Wildridge Subdivision To: <shymes@avon.org>, <aphillips@avon.org>, <lhardy@avon.org>, <sprince@avon.org>, <cthuon@avon.org>, <tunderwood@avon.org>, <randrade@avon.org>, Paul Wisor <pwisor@garfieldhecht.com> To the Avon Town Council: Regarding the recent article in the Vail Daily: “Avon seeks to legitimize use of Off- Highway Vehicles (OHVs) on public roads to access Forest Service Road through Wildridge”, and the recent Avon Town Council decision to draft an ordinance allowing OHVs in Wildridge: • A Wildridge 2020 survey was done in 2020. An overwhelming number of Wildridge owners and residents took the time to take the survey. The Council now has access to a data base that provides a clear picture of subject matters that continue to be very relevant to members of the Wildridge neighborhood. The survey results should not be ignored. With regard to OHV use on public roads, the survey results validate that 44% of the residents are in favor of discontinuing Off-Highway Vehicle (OHV) use on FSR #779 while 32% are supportive of enabling motorized vehicle use. One does have to recognize that there are some Wildridge residents that would like to have access to the BLM trails without having to trailer and park at the trailhead. However, there is a greater number who prefer the prohibition on OHVs (that is included in the Wildridge Covenants). There is a strong possibility that those that objected to OHV use would be more permissive if the access was limited to Wildridge residents only, and if abuses of the privilege were managed. It seems this issue has been brought to a head by discourteous OHV riders who have created noise and property damage and irritated the neighbors whose property most closely abuts the trails. • Quite a few people in attendance at the recent Town Council meeting cited the availability of easy access to the trails as a significant factor in their decision to purchase in Wildridge. However, it should be noted that OHV use is prohibited in the Wildridge Covenants and, despite the lack of enforcement, the language of the Covenants still controls. • One Council member kept implying and reiterating that the Wildridge Covenants could be ignored since the HOA is not active. The Town of Avon does not enforce the Wildridge Covenants, however, for Council to take the position that the Covenants have no validity is not something that residents of Wildridge should accept. This is a dangerous mindset that can lead to other infringements upon the Wildridge neighborhood, such as the proposed land grab for workforce housing floated in the Wildridge 2020 Survey. • The conflict created by the Town of Avon passing an ordinance that allows that which is specifically disallowed by the Covenants of the Wildridge is simply setting up conflicts that should not exist. • As a practical matter trying to draft an ordinance presents numerous issues. As the streets in Wildridge are public roads, opening them to OHV traffic will create numerous parking problems regarding non-residents as the use of OHV cannot be limited to just Wildridge residents. The streets will be open to all and where will the non-residents park their trailers? There is limited parking at the children’s park and dog park. Parking along Page 106 of 184 many Wildridge streets is not permitted. Limiting OHV use to just the Wildridge streets does not provide sufficient parking for non-residents. To provide parking, OHV would need to be allowed on all Avon streets which creates dangerous situations. Are OHV operators going to park down across from Northside Café and ride up Metcalfe to the trails? Or park at the Library or Post Office and operate their OHVs under I-70? • It seems Wildridge residents are fairly unanimous in wanting to preserve a quiet neighborhood. A Town ordinance allowing OHVs is certain to increase the noise level as more outsiders bring OHVs into the neighborhood. If the current level of noise creates issues for residents next to the trails, it can only be expected that opening the trails so that people who do not live in the neighborhood (and who do not have a level of concern over the noise they make) will create greater levels of noise. It should be expected that complaints from neighbors near the trail – and calls to police regarding noise – will increase. • I wonder if one has stopped to think about how “opening this door” can be controlled. There are many users out of the local area that will take advantage of an ordinance that allows OHV in Wildridge. One speaker at the Council meeting talked about bringing groups of OHV riders up into Wildridge – effectively making Wildridge a starting point for group tours. I do not imagine that one has thought of all the ways this can be abused. As mentioned in the Council call, there have been only a few complaints to police about OHVs over the last few years. Permitting OHVs will increase the calls to Avon police that will distract them from more significant duties. And, what will the town do when "town-sponsored" tours are carried to court by Wildridge homeowners under the Wildridge Covenants. • It appears the prior policy of “don’t ask, don’t tell” was a reasonable compromise as long as the noise was kept at a reasonable level. This whole issue seems to be a neighborhood squabble among a few residents that, perhaps, could be resolved by direct communication and compromise on both sides. Enacting a Town ordinance seems to be using a bazooka to kill a mosquito. So, the question is, why do this? More residents want to stop OHV use than want to permit it. However, they do not need the Town of Avon to handle this; they can go to court any day and stop use by anyone if they choose to do so. Why would the Town of Avon take this on? With regard to Wildridge, the Town of Avon has previously ignored the Colorado prohibition of OHVs on streets and roads within Wildridge. What is wrong with continuing that policy? Every day, I pick up a newspaper that describes, nationally, what laws will be enforced, or not enforced, based upon the priorities and limited resources of the administration. I presume that same option is available to the Town of Avon. My suggestion is to take no ordinance action. Based upon the number of complaints that are received, determine if enforcement should be moved up in priority. Otherwise, this should not be a priority for law enforcement. I would guess that as long as it is a neighborhood issue, with no outsiders, it would never rise in priority level to require enforcement. If a resident really wants to enforce this issue, they always have the option of going to court and enforcing the Wildridge Covenants. In conclusion, the town should NOT make an ordinance of any kind with respect to this topic. Respectfully submitted, Larry Rosser Page 107 of 184 From: Leslie Roubos NEW Sent: Friday, May 7, 2021 5:16 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge covenants To Avon Town Council Members: Once again the town of Avon town council is preying on Wildridge and ignoring the Wildridge covenants. I am opposed to opening up the roads in Wildridge to off highway vehicles for a number of reasons, including increased traffic and noise that these vehicles will produce. Please stop trying to make the bedroom community of Wildridge the playground for Avon. Leslie Roubos Page 108 of 184 From: Lisa and Doug Currey NEW Sent: Friday, May 7, 2021 5:28 PM To: Council Everyone Group <council@avon.org> Subject: ORV Council members, The noise, parking, traffic safety, pedestrian safety impacts of allowing off-highway vehicles on the residential streets of Wildridge would just be another sacrifice of neighborhood values for limited benefits. Please do not vote for this ordinance and consider the majority of voices of Wildridge residents. Doug and Lisa Currey Page 109 of 184 From: Casey Richter NEW Sent: Friday, May 7, 2021 6:44 PM To: Council Everyone Group <council@avon.org> Subject: Letter - In Opposition to Ordinance to Legalize Use of ATV/OHV/Motorbikes in Wildridge To Avon Town Council, I am extremely disappointed to hear of the recent venture the Avon Town Council has set their sights on - legalizing the use of ATV/OHV/motorbikes on the Wildridge Roads. 1. It is my understanding that covenants in the State of Colorado are enforceable. It doesn’t matter how old they are, or how much a Council member(s) agrees or disagrees with them - they are rules and regulations that govern the Wildridge development. 1. It is the responsibility of any person that chooses to purchase a home and reside in Wildridge to understand the covenants because they are enforceable. If you purchased a home in Wildridge, and you claim that you are entitled to drive your OHV, motorbike, ATV, etc on the roads - you clearly did not do your due diligence and read the covenants prior to your purchase. 2. For the Town Council to arbitrarily decide that the covenants are no longer useful or enforceable is an insult to every person that did their due diligence and chose Wildridge as their home for the peace and quiet neighborhood - peace and quiet which is clearly protected by the covenants. 3. Cleary the majority of Wildridge residences responded unfavorably to a recent survey question that addressed this. It baffles me how you, the Council Members, act as if you are representing a majority of Wildridge residents when you a recent survey that says otherwise. It is very easy for a group of people to lobby around a topic - and act as if they are the majority. It takes a simple survey of the entire community to quickly realize you are serving the minority when you make decisions based on that group. 1. To be specific 44% of residents support DISCONTINUING motorized vehicular use of Road #779 and limiting use to passive recreation. 32% oppose. 24% are neutral. In the political world 12% is a significant % and hard to overcome with an argument of “it’s too close to tell”. 2. MORE importantly than the Covenants being enforceable in Wildridge, is the OBVIOUS issue the vast majority of residents would prefer you focus on - a 2nd egress out of Wildridge in case of a wildfire or additional safety measures in case of a wildfire. 1. As the wildfire danger continues to grow, it is appalling to me that you would think it wise to focus on discarding a very important rule/regulation for our community for a new rule that will result in MORE people on machines that could cause a wildfire. Do you recall the Glenwood Canyon fire last year? You know what started it? Sparks. Yet you want to make it as easy as possible for anyone with a combustible engine that can act as an ignition source for a wildfire to get to the trails in Wildridge. That is grossly negligent on the part of the Town Council, given the Wildridge residents CLEARLY stated in the survey this was a HIGH priority. 1. 48% of residents were very supportive of using June Creek for emergency only evacuation route for vehicles; 30% were supportive; 10% were neutral; 6% were opposed and 6% were very opposed. It seems it is your duty to the residents of Page 110 of 184 Wildridge to make this your number one priority; and it seems extremely reckless and dangerous to our community to encourage additional access by motorized vehicles with this ordinance you are trying to pass. 1. You should only be entertaining this ordinance after you have life safety of your residents handled. And you don’t have it handled, and you don’t seem to care about handling it quickly. Last year it was the Barn, this year it is this ordinance. At what point will you actually act on the matters that are necessary for the safety of residents? 3. It was interesting as well to read about the traffic controls and traffic calming results of the Survey. 43% of residents said they are supportive or very supportive of this measure. 34% said they are very opposed or opposed. The majority of residents say that calming traffic is important to them, yet you want to allow ATV/OHV/motorbikes to rip around our streets and neighborhoods. 1. I was just walking the dog on the Wildwood Road and two motobikers came down from Mountain Star area. Clearly, they were trying to get to the Avon trails and avoiding the more traffic’ed Metcalf Road. They know they are breaking rules; yet you are not enforcing them because you don’t think them important enough. 2. Since I am hyper focused on this topic now - I started to notice how often people come down from that road into Wildridge to illegally access trails (I can see the road from my house so started noticing it). It’s a shame you are not enforcing rules that are in place to keep our neighborhood quiet. 4. If this ordinance gets passed, it is your duty and responsibility to assign a police officer to Wildridge permanently 24/7 to ensure that motorbikes/ATVs/OHVs are not accessing the road via Wildwood Road and Metcalf Road (coming up from other developments). If your intent is for it to be only Wildridge residents using the streets from their homes to trails, how are you going to enforce this? You are creating a problem, where there was no problem in the first place because covenants are in place that explicitly state this use is not permitted. 5. Last year I was recreating on June Creek and multiple times I encountered a ATV that was blasting rap music. I could hear it as he crested the hill to go over towards Singletree. It was annoying, disrupting, and completely disrespectful to the other users. IF you allow this ordinance to pass, this is going to become even more of an issue. I enjoy the peace and quiet of our mountains and recreating in them. We don’t need additional traffic and noise that will come with this ordinance - it is taking away from the experience of so many of us that recreate without trace or disturbing the peace of nature. 6. Lastly, I have had this experience - and I have heard from multiple people about motorbikes that come down June Creek at dangerous speeds to other users and not respecting the right of way rules and giving adequate space to other users. It is dangerous and you are encouraging this environment if you encourage additional users to use these trails because you make it “easier to access”. 7. If you truly want to know what the Wildridge residents want, then you should put this to a vote. Just like the barn, my sense is same result will be had. The Council will find the majority of residents in Wildridge do not want this ordinance passed, even thought a select few on the Council want to pass it regardless. Remember, you aren’t on the Town Council to serve your own interests and desires; you are here to serve the community members. If you vote for this ordinance when the survey clearly represented that a majority of Wildridge residents are not in favor of this ordinance, I question your morals, values and commitment to the community you are supposed to be serving. Page 111 of 184 In summary, the Town Council should vote against this ordinance for legalizing use of motorbikes/ATVS/OHVS on Wildridge roads. At a minimum, they should table the discussion until they have executed the egress and wildfire mitigation measures necessary to the safety of the Wildridge Residents. Disregarding the clear and urgent need for fire safety, and enacting an ordinance that poses to increase the fire danger is absurd and grossly negligent to the safety of our Wildridge community members and homes. You can do better than this. Best, Casey Richter Wildridge Full-Time Resident Page 112 of 184 From: T J Jenkins NEW Sent: Friday, May 7, 2021 8:15 PM To: Council Everyone Group <council@avon.org> Subject: OHV use in Wildridge Dear Avon Town Council Members, As a resident of Wildridge, I am adamantly opposed to allowing OHV use in Wildridge. It is not only against our covenants, but against the foundation of our bedroom community. There is a place for OHV use in Eagle County, and it is not within our quiet neighborhood of Wildridge. Thank you. ~TJ Jenkins Page 113 of 184 From: ARTHUR YUAN NEW Sent: Saturday, May 8, 2021 6:22 AM To: Council Everyone Group <council@avon.org> Subject: Trail access via public roads Avon council, We are residents and own a home in the Wildridge neighborhood. We regularly use FSR 779 and 771.b (June creek) with our UTVs. One of the great advantages of living in Wildridge is access to White River National Forest and motorized access on their trails. It is an important reason that we moved into this section of Avon, CO. Our home is two homes to the north of FSR entrance, so we see and experience traffic to and from FSR 779. We have not experienced any issues with traffic, excessive noise or abuse of the public roads. Off road vehicle have been abiding by vehicle laws and courteous to walkers and other vehicles. The police reports and citations over the years regarding off road vehicle usage of public roads has supported our observations as well. We are very interested in using the public roads in our neighborhood to legally access these trails. We have great interest in having legal public road access to these trails. The Wildridge HOA covenants are dormant and no longer represent the neighborhood effectively. We support Avon Council passing an ordinance to make public road access legal! Thank you for your consideration, Arthur & Elie Yuan Page 114 of 184 From: janet perdzock NEW Sent: Saturday, May 8, 2021 7:23 AM To: Council Everyone Group <council@avon.org> Subject: Vote NO on the Use of Off-Highway Vehicles To the Avon Council, Please do not approve the use of off-highway vehicles on the roads of Wildridge. I live in Wildridge because I value the natural beauty, wildlife, and peaceful quiet of the community. Many walkers and joggers use the walking path on the upper Wildridge loop. As Wildridge has built up, heavier traffic and speeding vehicles have taken away some of Wildridge’s character and threatened the safety of wildlife and people walking on the path, biking, and driving. Allowing off-highway vehicles to legally use the roads in Wildridge would increase this danger and further destroy the residential neighborhood. There is a reason this type of vehicle is not legal on residential roads. Wildridge is a neighborhood – not a resort to be exploited. Thank you for your attention and consideration. Regards, Janet Perdzock Page 115 of 184 From: john perdzock NEW Sent: Saturday, May 8, 2021 8:02 AM To: Council Everyone Group <council@avon.org> Subject: RE: Vote NO on the Use of Off-Highway Vehicles in Avon/Wildridge To the Avon Council, Please do not approve the use of off-highway vehicles on the roads of Wildridge. I live in Wildridge because I value the natural beauty, wildlife, and peaceful quiet of the community. Many walkers and joggers use the walking path on the upper Wildridge loop. As Wildridge has built up, heavier traffic and speeding vehicles have taken away some of Wildridge’s character and threatened the safety of wildlife and people walking on the path, biking, and driving. Allowing off-highway vehicles to legally use the roads in Wildridge would increase this danger and further destroy the residential character of our neighborhood. There is a reason this type of vehicle is not legal on residential roads. Wildridge is a neighborhood – not a resort to be exploited as a magnet for non-resident and commercial OHV use. Thank you for your attention and consideration. Regards, John Perdzock Page 116 of 184 From: jody morgan NEW Sent: Saturday, May 8, 2021 11:05 AM To: Council Everyone Group <council@avon.org> Subject: Support of HOV in Wildridge To whom it may concern, I am writing to share my support of OHV use in the streets of Wildridge. This is one of the things that attracted many of us to this neighborhood as well as access to National Forest Land. As our neighborhood grows, we should not let new home owners change one of the reason we all move here - access to the mountain and back country. Wildridge covenants have been deemed unenforceable by the Tow Attorney and the town has a long history of allowing for use that is in violation of these covenants. The town should not selectively choose to enforce the covenants against a particular group. I encourage the town to retain the things that make our neighborhood authentic and unique. We all live here for our love of the outdoors and we should not let those few who don't enjoy these things ruin it for the rest of us and change the neighborhood that we all love. Sincerely, Jody Morgan Page 117 of 184 From: Jack Gardner NEW Sent: Saturday, May 8, 2021 1:03 PM To: Council Everyone Group <council@avon.org> Cc: Eric Heil; Paul Wisor; Pam warren; Peter Warren; Dee Wisor Subject: OHV Use of Wildridge Streets Dear Madam Mayor and Members Of Town Council: 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. We are concerned about the proposed OHV ordinance and are sorry to find that we disagree with some of our friends and neighbors about this significant change. 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. > > 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 STRICTLY ENFORCED. > The proposed ordinance before you for consideration on May 11 has several serious flaws. First, NO OHV driven by an unlicensed operator should be permitted on Wildridge streets —- period. Too much joy-riding on our streets has gone on for years. Second, the wording about use of the prescribed routes needs to be tightened. OHV should only be permitted if they are traveling on the MOST DIRECT route from the owner’s PERMANENT residence AND place of PERMANENT storage TO the Forest Road. Otherwise, the same racing, joy-riding and use by visiting non-residents that has continued for years will continue. Third, there should be a clear direction to Avon police that ALL OF THE RULES set forth in the ordinance need to be strictly enforced, and that habitual violators’ rights will be PERMANENTLY suspended. Many thanks for your understanding and kind consideration of our opinions. Jack Gardner Page 118 of 184 From: Charlie Sherwood NEW Sent: Saturday, May 8, 2021 2:50 PM To: Council Everyone Group <council@avon.org> Subject: Ordnance 21-07 Comments I am writing in support of the proposed ordnance. Covenants As discussed in the last Avon town council meeting, the status of the covenants is, well, weird. undetermined, might be the best description. They have been around forever, and have almost never (never?) been enforced. Their status is questionable at best. Support by residents I see words from opponents implying that the OHV community is small, and approving this access would support the few OHV people and harm the majority. The Wildridge survey patently refutes this. A significant portion of the respondents were in favor of approving this kind of access. In addition, walks around the Wildridge roads show lots & lots of residences with OHVs evident. Ignoring this significant part of the populace, equal in size to those oppose the ordnance, would be wrong. Present practices. As the police chief said at the last meeting, present enforcement has been minimal. People have gotten used to riding Wildridge roads to the trail heads. I suspect that if the ordnance is rejected, those who complain will demand enforcement, and access to public lands by many residents will be made much more difficult. Is that what the town wants? Am I being an alarmist? I don’t think so. After all this attention, it might be hard for the police to ignore what has been ignored in the past. Parking As has been stated many times, parking at the trailheads is limited. Making all users trailer their OHVs to the trailheads will only exacerbate this problem, and limit access. What motivates opponents It seems to me the driver for opponents is mostly NIMBY. “This is the way it was when I moved here, and I don’t want that to change.” But there is the other side of that same coin. As stated by many at the last Council meeting they moved into Wildridge (as opposed to somewhere else) for just this access. In fact these later residents may have a better argument (regarding “change”), as something they have been doing for a long time will be taken away – or at least made more risky. Page 119 of 184 There are a few residents who live in the immediate vicinity of the 779 TH who oppose the idea, but at the last Avon Council meeting there were also a fair number who also live close and supported the new ordnance. Anyway, the road has been there for a long time – as long as Wildridge has been here. I am always amused when people who buy property near an airport start complaining about airplane noise. Charlie Sherwood Page 120 of 184 From: Brian Mingham NEW Sent: Saturday, May 8, 2021 4:32 PM To: Council Everyone Group <council@avon.org> Subject: OHV I would like to express my vote of confidence/support to allow OHV on Avon streets. I’m a new homeowner in Wildridge (Flat Point) with my family and we moved from SoCal to leave the bureaucratic nonsense and we love the outdoors and intend on using the trail head by our home to ride our newly purchased side by side and enjoy what Colorado has to offer. The current rule in place support the activities and have done so for years according to our friends and neighbors, traffic, noise and wildlife disruption will not and have not increased since I have lived here. Please do not let a few people speak for the people who love to explore. Thank you BM Brian Mingham From: Brian Mingham NEW Sent: Saturday, May 8, 2021 4:34 PM To: Council Everyone Group <council@avon.org> Subject: RE: OHV PS – We have three registered voters in our household. BM Brian Mingham Page 121 of 184 From: Jeff Meints NEW Sent: Saturday, May 8, 2021 5:14 PM To: Council Everyone Group <council@avon.org> Subject: Legitimize OHV use on public roads I would like to add my support for maintaining and potentially increasing the freedoms we enjoy in Avon and Wildridge. In regard to OHV access, I fully agree that increasing access to trailheads is an important facet to the future of our community. I understand that some may find this problematic. Restricting access may be an early attempt by some to tighten control in a period of history where many will want to enjoy the many benefits of the area we call home. In conclusion, please make Avon an even better place to live by approving OHV use on public roads. J.S. Meints Page 122 of 184 From: Alan Sandberg NEW Sent: Sunday, May 9, 2021 7:56 AM To: Council Everyone Group <council@avon.org> Subject: OHV use on streets in wildridge Please allow OHV vehicles on the streets of wildridge. I dont want to burden the police with enforcing this unnecessary restriction when they have real work to do around the town. Feel free to contact me with questions, Alan Alan M. Sandberg Page 123 of 184 From: Tara Goike NEW Sent: Sunday, May 9, 2021 9:26 AM To: Council Everyone Group <council@avon.org> Subject: WTC Hi, I am currently a wildridge homeowner and I am in support of OHV use on our streets. Thank you Tara Stevens-Goike Page 124 of 184 From: lila goike NEW Sent: Sunday, May 9, 2021 9:53 AM To: Council Everyone Group <council@avon.org> Subject: OHV in Wildridge To Town Council, Please allow OHV vehicles in wildridge so my dad can still take me to Red and White, I love it back there and love to see the wildflowers, and our dogs ashes are back there and it is a very special place for our whole family. Thank You Lila Goike Page 125 of 184 From: Gavin Goike NEW Sent: Sunday, May 9, 2021 9:59 AM To: Council Everyone Group <council@avon.org> Subject: OHV in Wildridge I have been going to Red and White Mountain since I was a kid it would be horrible if they closed the road to get up there. I just learned how to snowmobile on Red and White and I hope to keep snowmobiling and camping there. Gavin Page 126 of 184 From: Sage Keltner NEW Sent: Sunday, May 9, 2021 11:49 AM To: Council Everyone Group <council@avon.org> Subject: HOV access I am in support of HOV access in the following. Avon, wild Rich, Vail, Edwards, Eagle and gypsum. Please stop taking away are HOV access to these areas. We feel that its just in overreach of power. Page 127 of 184 From: Judith Tice NEW Sent: Sunday, May 9, 2021 12:25 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge trail coalition I am a resident of wildridge for over 6 years and enjoy the trails close to my house. I am in favor of using OHV ‘s on the street in order to access the trails from my house. I carry a fire extinguisher in my Jeep and OHV in case I need it while on the trails. My OHV is not noisy at all when comparing it to the dirt bikes on the road heading to the trails and trucks Jake breaking all the way down wildridge road ! I see no problem with allowing this...... Thanks, Judi Tice and Rick Tice Page 128 of 184 From: Spencer Ball NEW Sent: Sunday, May 9, 2021 2:31 PM To: Council Everyone Group <council@avon.org> Subject: Spencer Ball Comments, Ordnance 21-07 Comments Hello TOA and Whom it May Concern, Please move to approve the OHV Ordnance 21-07, this is for sure what the majority of our community supports. People will legally (plated dirt bikes) and illegally continue to access the roads regardless of the decision but it makes sense to support our off road community since the forest service for the most part does NOT do a good job of supporting the OHV community. Selectively enforcing Wildridge covenants is ridiculous and unfair. People who are using the covenants to argue against OHV use on TOA roads better be ready to have lots of changes in our neighborhood to retroactively enforce all other covenants we have looked past. 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 Spencer Ball Page 129 of 184 From: Bill Jones NEW Sent: Sunday, May 9, 2021 4:26 PM To: Council Everyone Group <council@avon.org> Subject: Re: use of off highway vehicles on public roads. Hello, my name is Bill Jones and I have lived in Wildridge since 1986 and have lived at 4400 Wildridge Road West since 1991. I have no objection to off road vehicles driving in Wildridge to get to the forest access roads. With the parking regulations enforced here, it will not increase the number of vehicles. I frequently sit on my front deck that faces Wildridge Rd. in the summer months for long periods of time and see most of the off roaders driving slowly and quietly. It will give Wildridge residences an additional benefit for living in such a beautiful place. Off roaders have never been a problem here and I don’t see the changes you are proposing changing anything but for the better. Thank you, Bill Jones Page 130 of 184 From: Matt Rehe NEW Sent: Sunday, May 9, 2021 5:24 PM To: Council Everyone Group <council@avon.org> Subject: OHV use in Wildridge - Support I’m in favor of allowing OHV use on the streets of Wildridge. I believe that it would be a shame if this access would be taken away. Matt Rehe Owner - Metcalf Lofts Page 131 of 184 From: Sam Ecker NEW Sent: Sunday, May 9, 2021 2:13 PM To: Matt Pielsticker <mpielsticker@avon.org> Subject: OHV use on roads in Wildridge Hi Matt, I am not sure who I should be sending this to but thought you might be able to help. We are in support of the use of the roads in Wildridge for access to trails by OHV vehicles. I have lived in Wildridge since 1992 and there always have been OHVs on the roads. I see no problem with them. They seem to be going directly from homes to trails and not just driving around randomly, nor do they cause any excess noise or annoyance. Sincerely, Sam & Shelley Ecker Page 132 of 184 From: Gary Oleson NEW Sent: Sunday, May 9, 2021 7:07 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge ATV Access, OHV Ordinance Mayor Smith-Hymes and Members of the Avon Town Council: Thank you, in advance Council Members, for taking time to read and digest the relevance of our concerns regarding the reasons why my wife and I are not in favor of advancing greater (more extensive use) on FSRs #779 & 717.B for Off-Highway Vehicles. 1) Wildridge is a residential neighborhood. a) We have limited ingress and egress b) No on street parking is allowed-which we enjoy and appreciate c) We have many families, with small children and pets, that would be in danger, should traffic flows increase due to greater traffic/usage of the above named FSRs. Most drivers/riders already do not seem to comprehend, nor comply, with the slow speed maximum requirements currently posted. d) We have no parking for major trail usage. To increase traffic/usage we will end up with an untenable parking situation. Just look at what is currently going on at Booth Creek parking and their need to now threaten expensive violations due to too many cars parking there. “...Trail degradation, trash, human and dog waste...” are a huge issue as well (see Vail Daily March 17, 2021 & May 5, 2021). e) More Off-Highway Vehicles mean more traffic, noise, and pollution. To the best of my knowledge, none of these vehicles are battery powered, nor do they have quietly running engines. Unacceptable noise levels would be introduced into one of the few truly quiet neighborhoods in the Valley. We don’t want that to occur. f) Bringing in more people could increase the crime rate in our neighborhoods. We are fairly insulated now, being relatively far away from the Highways (I-70 & Hwy 6). These Highways have recently become a “hotbed” for speed-chasing, crime-driven stolen cars and drugs (see Vail Daily May 8, 2021). If you allow more “accessibility” to our neighborhood roads it is sure to become part of this ongoing crime wave. Just recently we had a high-speed car chase that ended up going up Metcalf Road with a stolen car and police activity. We do not need, nor want to encourage this! 2) Wildridge is also populated by wildlife. It’s one of the many reasons we choose to live in this area. a) More Off-Highway Vehicles will put further pressure on the wildlife that have already been adversely impacted by the recently constructed trail systems. I often observe (at all times of the night and throughout the year) and have taken photographs, of mountain bike riders, after dark, using head-lamps to negotiate the trails. I’m sure this stresses the wildlife further and I believe it is unlawful and of great concern. b) Currently there doesn’t appear to be any “trail ambassadors” or police/forest service officers for protection for our wildlife and desired quietude for the neighborhood after dark. I just observed a woman, walking her two dogs, off leash the other day, obviously not under voice-command, chasing a herd of deer down the valley between the trails. She called and called for them but they ignored her. The dogs chased the herd for quite a distance before giving up. I know this had to have stressed out the herd and yet there is no consequences for these occurrences. What’s to stop these events from occurring more Page 133 of 184 frequently with more people being allowed to now drive their Off-Highway Vehicles and creating an even worse situation? 3) Wildridge has seen an increase in discarded garbage and trash being left everywhere, especially since the trail system has increased in popularity. I’ve personally witnessed an increase in “doggie poop bags” being tied up and just left on the side of the roads and trails. There was even articles about it in the “Vail Daily” (August 8, 2020) And now we have an increase in Covid-masks and other unsightly garbage being discarded everywhere as well. No outside visitor is going to care about these things as much as a Wildridge Resident. What is to keep this situation from growing worse with more traffic, visitors, etc.? And which agency will help to protect and clean it up and keep it clean? And what will that cost the tax payers? 4) What will the adverse Ecological impact be apart from the wildlife, the noise, the traffic and degradation of trails (and the trails that are bushwhacked)? a) Most Off-Highway Vehicle operators are not environmentalists seeking a closer connection with nature, they are thrill seekers. b) Currently one can see “trail blazers” that don’t follow the rules or trails. c) I have personally witnessed ATVs & Dirt Bikes going up “June Creek Trail” just recently, that don’t even “give-way” to hikers. They zoom up and “blast by.” When I gave the signal for them to slow down (share the road) they “flipped me off” and sped on! How is that going to improve with more people able to access these FSRs? d) With more visitors brings more possibilities for wildfires that will inevitably become a growing concern. These visitors will possibly smoke cigarettes or create other fire hazards (building fires). With more frequent visitors our homes and personal safety will become a greater risk. Is the Town of Avon prepared to pay our increased individual fire insurance policies? 5) What does the Avon Town Council see as a “benefit” to the Town to allow these Off-Highway Vehicles to disrupt our peace and tranquillity here in Wildridge? a) It’s not going to increase Hotel Revenue or Restaurant usage. These folks will most likely come, have their adventure, and leave trash, pollution and erosion behind. b) There are already so many other recreational areas in the Valley between East Vail and Gypsum. Is it really necessary to add another recreational area? Finally, we have the Wildridge Protective Covenants that were created to serve and protect the Wildridge neighborhoods. You are our governing body, Avon Town Council, what are you doing to protect us, your constituents? The adverse effects on the residents of Wildridge, the wildlife and the ecosystem vastly outweigh any perceived benefit to the Town of Avon. This proposal benefits a few thrill seekers at the expense of many. Riding dirt bikes and ATV’s at high speed, often at night, is not in any way communicating with nature and appreciating the subtle beauty of the wilderness. Please take these points into account at your meeting on May 11, 2021. Very Truly Yours, Gary Oleson Wildridge Resident since 1999 Page 134 of 184 From: harrel lawrence NEW Sent: Sunday, May 9, 2021 7:08 PM To: Council Everyone Group <council@avon.org> Cc: harrel lawrence; psw3@live.com Subject: proposed OHV ordinance Dear Avon Town Council: We are opposed to the proposed OHV ordinance to be discussed at the May 11 council meeting. This is why: We are concerned about the lifestyle we love in Wildridge. More traffic, more noise, especially from off road vehicles which often have no mufflers, danger to bikers and pedestrians and pets and children and moms with strollers who use the wonderful bike/pedestrian paths in Wildridge, parking problems, violation of our Wildridge protective covenants prohibiting this proposed use, increased fire danger in an already high fire risk area from sparks from off road vehicles, and protection of the environment and our wildlife. We do not understand why the Avon Council continues to try to override the wishes of the residents of Wildridge after we protested adding mountain bike trails to our community in 2016, and now the council is ignoring what the 2020 Wildridge Survey showed. We need a emergency only evacuation route, not more traffic. It seems the council is being influenced by outside groups who want to use our neighborhood for their personal use and possibly monetary gain from turning us into another Moab. We built up here because it was more remote from the town center and all the noise and traffic that it entails, and because we love the feeling of living in nature and amazing wildlife. We feel the impact of approval of this ordinance for Avon would severely impact the quality of life for us and our friends, neighbors, and the wild animals that live here. We strongly ask you to deny this ordinance, and not override the Wildridge Protective Covenants. Sincerely, Mary Harrel Lawrence Donald J. McMahan Page 135 of 184 From: Deb Lathram NEW Sent: Sunday, May 9, 2021 7:49 PM To: Council Everyone Group <council@avon.org> Cc: Deb Lathram Subject: Support of OHV on streets in Wildridge for access to Trail heads Dear Avon Town Council, I would like to show my support for an ordinance that would allow OHV vehicles on our Wildridge city streets to access the motorized trails in Wildridge. I have heard some people are against this ordinance for a couple different reasons. They say that this will increase the noise, traffic on our streets and that the OHV users are unsafe. This is not true. Our motorcycles are all quieter than most vehicles on the road and can all easily be road approved by just adding a mirror and a light. Both of my girls and husband have taken safety courses and obey by the rules of the road that cars are supposed to obey. I would say I have never had a problem with an OHV vehicle speeding in our neighborhood, but I have had several automobiles almost hit me when I am walking and speed through our neighborhoods. This will not increase traffic because the neighbors in Wildridge have already been using the roads to the trail heads without incident for the last 16 plus years. This is our family activity with my husband and two girls. I think this is an asset to our neighborhood that we have direct access to our trails for our OHV vehicles. I have read comments from many households on Engage Avon Website that are just like my family. They have kids and are using the outdoors as a family activity with their OHV vehicles. People say that our OHV vehicles will cause more pollution or cause fires from sparks. All our OHV vehicles are registered with the state of Colorado and are required to have spark arresters for fire safety. Also, all our OHV vehicles have mufflers/silencers that reduce the sound pollution. As I have said before our motorcycles are quieter than most vehicles in our neighborhood. In addition, the money we pay to Colorado to have our vehicles licensed every year does back into trail maintenance. Some people say that our vehicles have negative impact on the wildlife. Per studies that I have read and my own experience as a VVMTA Trail Ambassador it is not the motorized vehicles that cause issues with the wildlife it is the hiker and especially dogs off leash. If you look at the people using the trails that are closed to protect the wildlife during the calving and migration seasons it is primarily the hikers, off leash dog and mountain bikers that are using the trails when they are closed. The OHV vehicles are abiding by the trail closes and protecting the wildlife more than my neighbor who let their dogs run off leash on the closed trails or even open trails chasing the wildlife. One person on the last council meeting spoke against this ordinance (and he isn't even a homeowner which I am). He indicated that the homeowner's association would not allow the OHV vehicles on the streets to access the trailhead. The Wildridge Homeowners association was Page 136 of 184 never fully formed and has never been enforced. As long as I have lived in my house people have been using my street to access the 779 trailhead. I love seeing people out there using our trails and again I think this is an asset to our neighborhood not liability. I support the Avon Town council to adopt an ordinance that would allow our families and neighbors to use the streets to access the trailheads with their OHV's. We have all different users of trails in this valley. There are very few that allow OHV vehicles. Let's keep these trails open and accessible to all users. I have read the comments in the Engage Avon Website and there are many families like my own that use these trails in the Wildridge Area with their OHV's and support this ordinance. I bought my house because of the access to the 779 trail and the other trails in Wildridge. My family, mountain bikes, hikes, snowshoes, and uses are OHV vehicles. I like the comment in the last Avon Town council meeting on this topic that if an ordinance is adopted this is great time to help educate our entire community on our trails and the rules they need to abide by. KEEP OUR TRAILS OPEN TO ALL!!!! Thank you, Debbie Lathram Page 137 of 184 From: Dan Lambert NEW Sent: Sunday, May 9, 2021 9:19 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge OHV support Thanks for your time, I am Dan Lambert, a long time local and local business owner. I am active in our community and plan to retire and stay active in our community. I am very pleased to hear that Avon council has made the decision to legitimize OHV use in the Wildridge neighborhood. This letter is to support that decision and to thank Avon council for their continued fortitude in the face of misinformed opposition. In addition to the obvious nonsense of the anti OHV folks, here is another important consideration. In the very near future, concerns of internal combustion noise and emissions will be winding down rapidly thanks to electric technology. All major automotive and power sport companies are moving towards this technology as it is the right thing to do. Keeping year round access to all user groups is the correct and mature answer to ensure the sustainability and wellbeing of our community. I wholeheartedly support and approve of this ordinance. Sincerely, Dan Lambert Page 138 of 184 From: nicki morrone NEW Sent: Sunday, May 9, 2021 11:01 PM To: Council Everyone Group <council@avon.org> Subject: Opposed to OHVs in Wildridge Dear Avon Town Council I have been a resident of Avon for 26 years. 23 of those years I have lived in Wildridge. I currently live on Flat Point approximately 1/4 of a mile from the 779 entry on Wildridge Road. I have walked the trail many times over the years. I can understand why people want to access and spend time there; it’s unspoiled and beautiful. I can also tell you how the area has changed in the few last years with the increase of motorized traffic. Years ago the trail was essentially void of motorized traffic. There was little erosion and the trail remained in good condition. After June 21, I am now passed by numerous dirt bikes, ATV’s and jeep tours turning the trail into a loud and dusty mess. Due to the increased usage the topsoil has eroded leaving deep grooves on the trail. The dirt bikes and off-road vehicles created another trail next to the original trail that is now impassable. How many more trails will be created when that one becomes to eroded to drive on. Along with the increased usage comes trash, I now take a trash bag when I walk up up 779. In the summer I have picked up all manner of trash: water bottles, energy bar wrappers and toilet paper. One fall my husband extinguished a smoldering camp fire and removed the entrails of a deer that was cleaned by hunters at the trailhead in Wildridge Road. Unfortunately allowing OHVS access to Wildridge and 779 would come a cost that I do not believe is worth the price. I am opposed to the proposal which would allow OHVs to use Avon’s town roads. Sincerely, Dominique Morrone Page 139 of 184 From: JULIE OZOG NEW Sent: Monday, May 10, 2021 9:36 AM To: Council Everyone Group <council@avon.org> Subject: OHV's in Wildridge I am a Wildridge resident and am writing to let you know I support allowing Wildridge residents to drive their OHV's to access the trails. Page 140 of 184 From: Andrew Vonesh NEW Sent: Monday, May 10, 2021 9:39 AM To: Council Everyone Group <council@avon.org> Subject: Wildridge forest access To whom it may concern, As a resident of Wildridge and an avid user of public lands I want to take a second to weigh in on the proposals for increased OHV access through Avon.... Open it up. Open it all up. Give users of public lands the access points they need to enjoy what the west provides. Sincerely, Jimmy Vonesh Page 141 of 184 From: collin NEW Sent: Monday, May 10, 2021 10:24 AM To: Ineke de Jong <idejong@avon.org> Subject: Support for OHV access in wildridge Hello, My name is Collin Huggins, I own a small business locally and used to rent a commercial space on metcalf. I also used to live in saddle ridge loop. I am in favor of allowing OHV access to the trailheads. Thanks. -Collin Page 142 of 184 From: Dee Wisor NEW Sent: Monday, May 10, 2021 11:40 AM To: Council Everyone Group <council@avon.org>; Eric Heil ; Andrea Bryan Subject: Town of Avon-First Reading of Ordinance 21-07 regarding Off Highway Vehicles Mayor and members of Council, Eric and Andrea, If Council intends to adopt the ordinance, I have the following comments for your consideration: 1. In the definition of Off-highway vehicle, there is an exclusion for military vehicles. Section 33-14.5- 101, CRS, does not provide for an exclusion for military vehicles. That exclusion was removed by the Legislature in 2019 in SB 54. The statute now specifically provides: "off-highway vehicle" includes surplus military vehicles as defined in section 42-6-102. There is a narrow exception for "A surplus military vehicle, as defined in section 42-6-102 (20.5), that is owned or leased by a municipality, county, or fire protection district, as defined in section 32-1-103(7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires." On a related note, the exclusions for self-balancing vehicles and ride-on lawn motors are not necessary because self-balancing vehicles are not "designed primarily for use off of the public highways" and lawn mowers are not "commonly used to transport people for recreational purposes." In other words, even without the express exclusions they do not meet the definition of Off-highway vehicle. I do see more e-bikes in Wildridge but I do not think they need to be covered in this ordinance. Section 42-4-1412, CRS, provides a comprehensive regulatory scheme for the use of bicycles, including e-bikes, on public roads and has provisions regarding the use of certain types of e-bikes. For example, those under the age of 16 cannot operate a class 3 e-bike (which is one that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.) 2. The map that is attached is confusing, at least to me. I am not sure what the dotted lines are for. Consider removing them. 3. Please require all drivers to have a driver's license. The Legislature made a policy decision that those under 16 cannot operate a pedal assist e-bike that can go more than 20 mph but 28 mph or less. Why should the same rule not apply to off-highway vehicles, particularly in Wildridge where the only thing between pedestrians and vehicles is a rumble strip? 4. There is a typo in 10.40.030(e); the word "ad" should be "and". 5. In 10.40.030(m) providing for no operation of an Off-highway vehicle on a sidewalk, please add a designated bike or pedestrian lane. Page 143 of 184 If Council adopts this ordinance, it will be useful in addressing some of the historic issues related to the behavior of some users of Wildridge roads only if there is education and enforcement by Avon PD. Please consider recording the ordinance if adopted in the real estate records so that future buyers in Wildridge can be made aware of this policy that is not consistent with the covenants that are off record. Thank you. -- Dee Wisor Page 144 of 184 From: Cathy Conroy NEW Sent: Monday, May 10, 2021 2:33 PM To: Council Everyone Group <council@avon.org> Subject: Off-Highway Vehicles Access to Public Roads ATV_Opposition.pdf Please see attached, summary of opposition to ordinance to allow off-highway vehicles access to roads in Wildridge. Thank you Cathy Conroy Page 145 of 184 From: Sean Reynolds NEW Sent: Monday, May 10, 2021 2:50 PM To: Council Everyone Group <council@avon.org> Cc: Scott Prince; Phil Matsen Subject: In Support of OHV's in Wildridge To Whom it may concern, I'm writing in support of Allowing OHV's in the wildridge community. I've lived in the neighborhood for 36 years, been building and selling homes in the neighborhood my whole life as well. Having the access points to the wilderness from our neighborhood is a special advantage and being able to leave your home on an OHV to go and enjoy these areas is not only a reason I live in the neighborhood but why many other people have joined the wildridge community to make it their home. I understand the negatives and am in full support of making sure people travel the roads responsibly but not allowing it is taking away a long standing advantage for the community. I hope to raise my kids learning about and enjoying all the ways to access the natural wilderness all around us just as I did growing up. Thank you, Sean Reynolds Page 146 of 184 From: Charley Viola NEW Sent: Monday, May 10, 2021 3:12 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge To the Avon Town Council: I appreciate your work to date on the revised regulations regarding OHV use on the roads in Wildridge. As a Wildridge resident for going on 30 years, the use of OHV’s has always been tolerated and I fully support the recent efforts of the Council to memorialize this fact. Efforts to enforce the current regulations would have significant blowback and many unintended consequences placing pressure on limited parking resources. It would appear that a handful of disgruntled neighbors living adjacent to the Forest Service access roads have decided that asking the police to enforce laws that no one has cared about for over 30 years is their best angle at eliminating dirt bike usage on the Forest Service access roads. Giving the police department the tools to allow our residents the continued access to the forest directly from their homes without being dragged into this squabble is a huge benefit to those of us whom value this form of recreation and the police. Said neighbors have rallied the troops of others in the neighborhood that have lots of time on their hands, so I would not be surprised if you have heard from a vocal minority against the initiatives taken by the Council. Those of us who work for a living struggle a little more to find the time to craft a letter in defense of this innocuous activity. During the most recent work session when the council voted to move forward with drafting legislation for consideration, I heard a few points from those whom object to OHV use on the roads. One amusing basis for banning the usage was safety. Can’t argue with safety, but I would be curious if there have been any accidents or incidents from unlicensed OHV usage on the Wildridge streets. I have heard of none. These individuals may be well intended but while I appreciate their concern, I don’t need to be saved from myself. Fun things in life may have some risk to those participating in those activities. That is a choice we make when we mount our dirt bikes. The risk to others is worthy of consideration and I can not think of any risk that those accessing the trails from the neighborhood pose to others. In fact, it is no different from an ebike, which anyone can legally ride on the streets at any age and they go roughly the same speed. I think that is an important point. E-bikes are socially acceptable for any age to ride on our streets without limit or rules and are capable of travelling at or above the neighborhood speed limits. Another interesting angle brought up during the call was the possible impact that OHV use has on the environment. I fully support efforts to protect our planet. I make efforts to reduce my carbon footprint as much as possible but still choose to recreate and some of these activities, such as riding a motorcycle or ATV, do burn fossil fuels. Again, this individual advocating banning OHV’s from the streets in Wildridge has failed to calculate the impact on the environment. Forcing those of us that live in the neighborhood to load a trailer and drive to another location to ride will produce far more greenhouse gasses than riding from our houses to access the trails immediately adjacent to the neighborhood. This argument is a poorly veiled attempt to ban a legal activity. During the recent work session, I also heard those opposed to OHV use on the roads manipulating the data from the recent Wildridge survey to imply that the results showed an opposition to continued motorized use on Forest Service Road 779. The results were far from conclusive. While one slide may show some opposition to continued use, another slide actually shows that 43% were supportive or very Page 147 of 184 supportive of continued motorized and recreational use of 779 with only 31% being opposed or very opposed to continued use. The remainder of those surveyed remained neutral on the topic. Regardless, the numbers were far from compelling enough to overturn a 30 plus year practice and unfairly punish a significant number of residents that value the ability to access Forest Service roads from their homes. Wildridge is a diverse neighborhood. Home values range from $500,000 to $3,000,000. As such, you will always have a diverse constituency with diverse values, activities, and age ranges. Many of those on the younger range of the scale ride OHV’s and access the forest via the roads in Wildridge. Access to the forest is why many of us chose the neighborhood and continue to live here. The ability to recreate in the adjacent forest on OHV’s helps keep the neighborhood a vibrant and diverse community. I strongly support community outreach and education to teach those riding OHV’s on the streets to be good neighbors. I believe that many of us in the neighborhood are willing to help educate others to achieve harmony among all residents with regards to this issue. I urge you to implement sensible policy that allows the police to perform a more valuable role in our community rather than having to enforce a meaningless law to satisfy a handful of disgruntled residents whom object to a 30 plus year practice. Thank you for your time and efforts on this matter. Best regards, Charley Viola Page 148 of 184 From: Dave Wilkison NEW Sent: Monday, May 10, 2021 3:48 PM To: Council Everyone Group <council@avon.org> Subject: resident 4495 wildridge rd Hello council, I have been in Wildridge near the trail head for the past 30 years. The access from my house to the trail head is one of the reasons we bought ,built and live where we do. The neighborhood has been fine with the access for years and why now is it a problem? I guess to many new people with out the same interest as us old residents. Times change but this shouldn’t!! We will I guess then be breaking the law every time we want access either by a parking ticket or a ticket for driving on the road. Or are you building trailer parking for access? This makes it tough to enjoy why we moved to the neighborhood if this freedom goes away. Time I guess to move on if this is what we let happen. Super Sad!!! This Trail head access has been open since before the neighborhood even existed not fair to take it away. Thanks, Dave Wilkison Page 149 of 184 From: Nancy Glass NEW Sent: Monday, May 10, 2021 4:03 PM To: Council Everyone Group <council@avon.org> Subject: OHV use in Wildwood and Wildridge and Metcalf Hello, I live at the top of Wildridge very close to road 779. I am in full support of OHV use on roads during times when there is not a winter wildlife closure. Nancy Glass Page 150 of 184 From: Cooper Smith NEW Sent: Monday, May 10, 2021 4:25 PM To: Council Everyone Group <council@avon.org> Subject: OHV use on Town streets in Wildridge Dear Mayor and Council Members, I am writing to ask for your support of the Ordinance which would allow for OHV use on Town streets in Wildridge. I have spent my whole life, 17+ years, recreating in my backyard. Ever since I was 12, I have been riding dirt bikes. We have always ridden responsibly, me and my friend group. It’s important for my friends, my family and this Community to do stuff like that and to have access to the woods. Thank you for your consideration. Sincerely, Cooper Smith, soon to be a registered Voter Page 151 of 184 From: Patricia Plavec NEW Sent: Monday, May 10, 2021 5:38 PM To: Council Everyone Group <council@avon.org> Subject: OHV on Wildridge Roads Dear TOA Council, I just wanted to reiterate the importance of allowing OHV to drive on town streets in Wildridge. OHV usage in Wildridge has been happening for decades with minimal complaints. Approving OHV's to utilize town streets to access trailheads is not going to create a sudden blow up of more people riding on the streets. Should OHV be denied to drive on Wildridge streets to access trailheads, parking for cars and trailers will need to be established to allow people to access forest service roads. This could be time consuming and expensive. After speaking with many people in the Wildridge community, I have learned that there are several OHV enthusiasts that live here because they have these forest service access roads in their backyard. I also spoke with many residents who may not own OHV vehicles, but want to see equity amongst ALL outdoor recreational enthusiasts whether it be hikers, bikers, equestrians, or OHV users. I appreciate you taking into consideration the importance of allowing OHV to use public streets in Wildridge to access trailheads....our backyard. Thank you, Tisch Plavec Page 152 of 184 From: George Plavec NEW Sent: Monday, May 10, 2021 6:06 PM To: Council Everyone Group <council@avon.org> Subject: wildridge Dear Town of Avon Council, I am writing to express the importance of allowing OHV to use Wildridge public roads to access forest service road trailheads. I have lived in Wildridge for over 20 years and during that time have hiked, mountain biked, and dirt biked the trails which begin in the Wildridge subdivision. Several years ago I had to have hip replacements on both of my hips and as a result I am not able to hike, heavily mountain bike, or dirt bike. In order to continue to enjoy the forest behind my house, as I have been doing for the past 20 yrs., I need to use an ATV. Not allowing OHV's to ride a short distance to the trailhead limits my opportunities to get out and enjoy my "backyard", the forest, of which is one of the main reasons I moved to Wildridge so many years ago. I'm hoping you will consider allowing OHV's to travel on Wildridge to access trailheads so that everyone has the opportunity to get out and enjoy "our backyard" Thank you for your time, George Plavec Page 153 of 184 From: Rolf Fischer NEW Sent: Monday, May 10, 2021 6:49 PM To: Council Everyone Group <council@avon.org> Subject: I support OHV use in Wildridge • This Ordinance will not result in OHVs driving through the roundabouts in Town. The Ordinance would only provide for use on Metcalf Rd., Wildwood Rd. and streets in Wildridge to and from storage, garages or our homes to the trailheads. • The Ordinance will not increase traffic on town streets. We have been driving on OHVs on town street to and from the trailheads for the last 16+ years, without incident, see Policy Chief Daly's report. • The Ordinance will not create excess noise nor affect the peace and quiet enjoyment of our neighborhood. They are not any louder than construction, delivery and trash vehicles or lawn mowers. • The Ordinance will not cause more pollution because we will be able to legally ride close to home and avoid the gas guzzling, carbon emitting journey to a far away trailhead. • The Ordinance will not have a negative impact on wildlife. Studies show humans on foot, especially with dogs, more often invoke fight or flight response than humans on machines. • The Ordinance will not increase the risk of wildfires as our vehicles have spark arrestors. Additionally, our group may identify, put out and/or report fires caused by lightning strikes. • The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use. • Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants against our particular user group. Sincerely, Rolf Fischer and Julie Cox Page 154 of 184 From: James Harris NEW Sent: Monday, May 10, 2021 6:50 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge ohv use on streets I’m a resident of Wildridge since 2016 and want to say that I am in firm support of ordinances allowing 0HV‘s to be driven on the streets of Wildridge to access forest roads. I like that Wildridge doesn’t have a fun killing HOA that micromanages every aspect of homeownership. There’s nobody out cruising the neighborhood measuring how long your blades of grass are. I think that this ordinance would fit into the fun neighborhood that Wildridge is. In my short time of living here I watched people move into the valley in Vail and slowly move down valley with every move. One of the attractive things about eagle and gypsum is that they have these ordinances in place making the area they live in more attractive to many OHV users. Let’s not let the few people who don’t like to have any fun and would rather live in gated communities with HOA’s get their way. These people are not impacted by OHV’s on the streets whatsoever. The claim that they make a lot of noise just isn’t true. They make no more noise than most vehicles I hear drive by my house. They pollute the atmosphere no more than cars. Having to trailer an OHV is going to use a lot more fuel. In this age of the cancel culture, let’s not let the fun killers win. —Jim harris. Page 155 of 184 From: Samantha Lathram NEW Sent: Monday, May 10, 2021 7:13 PM To: Council Everyone Group <council@avon.org> Subject: In Support of an Ordinance Hello! My name is Samantha Lathram. I am both a registered voter of Eagle County and a resident of Wildridge. I would like to voice my support of establishing an ordinance to allow OHV vehicles on the roads of Wildridge in order to access our forest service trails. I am an avid rider, as I was taught by my dad several years back. To us, riding these trails is a family activity. I learned on these roads and these trails. I grew up on them too. This ordinance will preserve this activity that is so important to myself, my little sister, and my parents. I understand that a small number of residents in my area have raised concerns about our ability to ride on the streets to our trails. I myself at just 14 years old had one of these individuals call the police, complaining about my learning to ride on the space in front of my own house. For the noise complaints, bikes are required to have mufflers in order to take them onto national forest roads. These mufflers keep the bikes rather silent, often not much louder than the engine of a car. They are also required to have spark arrestors, mitigating the risk of forest fires. As far as environmental impact, such bikes do not have negative affects on local wildlife, or pollution. Dirt bikes of the sort required a significantly smaller volume of gas than that of a car, therefore leading to less carbon emissions than one’s daily drive to school or work. For example, my bike’s tank is a little over a gallon of gas. I only need to refill that tank every few rides. If any other concerns are brought to my attention, or the attention of the Wildridge Trail Coalition, any one of us will be happy to answer questions and put any said concerns to rest! I appreciate your attention and reading what I have to say. Access to these trails is a part of my home, and has been dear to my heart since I fell in love with the sport. Please protect our rights to our trails. They are a large part of what make Wildridge such a special place to call home. Thank you for your time! Samantha Lathram Page 156 of 184 From: Craig Lathram NEW Sent: Monday, May 10, 2021 7:27 PM To: Council Everyone Group <council@avon.org> Subject: Fw: Support of OHV on public streets in Wildridge Hello, I understand there is a counting of support letters for OHV's continued local trailhead community access. I just wanted to make sure my voice was counted (as this was sent nearly a month ago) if it wasn't already. Thank you, Craig Lathram Page 157 of 184 From: Dave Dantas NEW Sent: Monday, May 10, 2021 7:30 PM To: Council Everyone Group <council@avon.org> Subject: Ordinance No. 21-07 Dear Honorable Mayor, Town Council, Town Manager, First I would like to thank you all for your hard work throughout a very difficult year. An ordinance is before the Town Council to allow Off Highway Vehicles to legally operate on Town Roads. This Ordinance will need to vetted and changes made. We will have to discuss which roads, age limits, noise limits and many other issues on this topic. I do support allowing OHVs to operate legally and responsibly on certain Town roads. Thank you, Dave Dantas Page 158 of 184 From: HALEY PLAVEC NEW Sent: Monday, May 10, 2021 8:12 PM To: Council Everyone Group <council@avon.org> Subject: OHV on Public Roads Hello Town of Avon Council, I heard that the Town of Avon is considering adopting an ordinance to ride OHVs on roads in Wildridge to access the forest. I have lived in Wildridge my entire life and was introduced to ATVs and dirtbikes at a young age and love being able to ride just behind my house. It's great to live close enough to a trail that I can independently ride because I can ride from my house. It's awesome to get out with my friends who live in the neighborhood who also ride OHVs and explore the forest. It's a great sense of freedom and gives me an opportunity to explore nature right outside my door. I hope you will allow OHVs to ride the road to the trails so people, like myself, have the opportunity to access forest land and enjoy the great outdoors. My parents have pushed me to get out and enjoy nature in our valley and I've really had fun riding with my friends. It's a great way for me to get off my phone and do other things. Sincerely, Haley Plavec Page 159 of 184 From: d.epifanio NEW Sent: Monday, May 10, 2021 8:26 PM To: Council Everyone Group <council@avon.org> Subject: OHV in Wildridge Darren Epifanio Page 160 of 184 From: Julie Harris NEW Sent: Monday, May 10, 2021 8:51 PM To: Council Everyone Group <council@avon.org> Subject: Support for OHV on public roads Hi Avon Town Council, I am writing in support of allowing off-highway vehicles on public roads, more specifically in the Wildridge neighborhood. My husband and I have a RZR and we enjoy the Red & White trail access that is right down the street from our house. We have always driven our RZR to the trailhead and I have seen others do the same all throughout the summer months without issue. The idea that we or anyone else that lives in this neighborhood would have to trailer our OHV's to the trailhead is absolutely ridiculous to me. I guarantee the next complaint would be about all the trailers parked along the road among other things. Most of us moved to Wildridge because of the forest access as well as the lack of HOA rules. We are an active outdoor community and it should be inclusive of all activities -- not just the ones that aren't motorized. I support the town putting rules in place to regulate the use of OHV on Wildridge streets and believe with proper education, we would experience the same success that other communities have experienced. Sincerely, Julie Harris Page 161 of 184 From: Jason Rosener NEW Sent: Monday, May 10, 2021 9:28 PM To: Council Everyone Group <council@avon.org> Subject: OHV use on town streets I am writing to SUPPORT the use of OHVs in Wildridge. My family and I have lived in Wildridge since 2017 and have seen no negative impact from these vehicles. I would like for it to become legitimate and have the access to the trailheads that are so conveniently located next to the residents of Wildridge. Please consider this from those who will be most affected and who will equally benefit - the RESIDENTS of Wildridge. Thank you, Jason and Nicole Rosener Page 162 of 184 From: Kelly Dantas NEW Sent: Monday, May 10, 2021 9:37 PM To: Council Everyone Group <council@avon.org> Subject: Ordinance allowing OHV use on town streets Dear Mayor and Council Members, I am a full time time Avon resident and live at 4791 Wildridge Road West. Our family loves outdoor activities and built our home in 2004 largely because of the amazing trail access. We love Wildridge and have recreated on Forest Service Roads 717 and 779 since we moved here. It is an incredible amenity. We are in full support of formalizing the legal use of OHVs on Town streets to and from these trailheads. Sincerely, Kelly Dantas Page 163 of 184 From: Brad Ernest NEW Sent: Monday, May 10, 2021 10:24 PM To: Council Everyone Group <council@avon.org> Subject: Support of OHV use on TOA streets Hello Council, I am writing in support of allowing OHV use on the town of Avon streets, specifically Nottigham, Metcalf, and the surrounding Wildrige and Wildwood areas. I myself live on Metcalf Rd and one of the reasons I love living here is the easy access to the trails and national forest for my dirt bike. We OHV operators will not increase traffic in the area as we have been doing this for 16+ years, just in a gray area of the law. We respect all road laws and speed limits, while also being no louder than standard delivery and trash trucks, diesel trucks and lawn mowers that are used on a daily basis. Being able to ride our OHVs home will limit emissions by eliminating the need to trailer a dirtbike or side by side with a gas guzzling suv or truck. All of our vehicles have spark arrestor therefore not increasing the risk of wildfires. If anything all the OHV users may help identify, report, put out fires caused by lightning strikes. The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use. Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants against our particular user group. Thank you for you time and I hope to see a resolution passed allowing the continued use of OHV on the TOA streets in Wildridge. All the best, Brad Ernest Page 164 of 184 From: Jason Roberts NEW Sent: Tuesday, May 11, 2021 7:27 AM To: Council Everyone Group <council@avon.org> Cc: devon@wildridgetrailcoalition.org Subject: OHV's on Town Streets Dear Mayor and Council Members, I live on June Creek Trail and I am a full time resident of Wildridge. Since we purchased in 2004, our family has recreated on Forest Service Roads 717 and 779. This access is why we chose to live in Wildridge. It is an incredible amenity. We are in support of formalizing the legal use of OHVs on Town streets to and from the trailheads. Sincerely, Jason Roberts Page 165 of 184 From: Jackie Work NEW Sent: Tuesday, May 11, 2021 7:45 AM To: Council Everyone Group <council@avon.org> Subject: support of OHV Ordinance Dear Avon Town Council. As constituents of Avon, our family is in support of OHV use on the streets of Wildridge. We have been utilizing the beautiful trails behind our home on Wildridge Road for over 12 years. We have ATVs and have been accessing these trails by carefully and respectfully traversing the roads in Wildridge from our garage at our home to the trail heads without incident all this time as we are mindful of the rules of the road and safety. We and our fellow neighbours simply want to enjoy the outdoor activities and have no intention to drive an ATV on main roadways outside of Wildridge. This has not increased traffic or noise in our neighbourhood, and our community roads are enjoyed by multiple sport enthusiasts from cyclists, dirt bikes, hikers, and ATV riders; all while respecting each other’s right of use and being mindful of safety of all. We have experienced more regular noise from the various garbage trucks, lawn mowers, weed whackers, and barking dogs than we have ever heard from any neighbour on an OHV. The assertion that this ordinance will increase OHV use and add to negative impact on wildlife is absurd. More reports of negative altercations with wildlife have been from people hiking of foot, particularly while walking dogs. The only people using OHVs live within the Wildridge community already, and it is not feasible to trailer these vehicles to Wildridge trailheads by others who live outside our neighbourhood. There is simply nowhere to park them. Our ATVs are equipped with spark arresters and will not cause a wildfire, and ATV riders provide additional eyes on the forests to report any hazards or signs of fires. OHV will not result in them being driven into town on the main roadways, in roundabouts, or on the highway. The assertion that OHVs will increase pollution is also ridiculous; it will result in the opposite as preventing OHV owners from being able to easily access local trailheads will just force them to use gas guzzling SUVs and trucks to trailer their OHVs to trail head points. Additionally, the land north of the town of Avon for miles and between Muddy Pass and Red Sandstone Road is neither a wilderness area nor a roadless area. It is designated for motorazied use, which includes OHVs. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, per the Memorandum of June 2020. The town has a long history of allowing for use that is in violation of those covenants. The Town should not choose to selective enforce the Covenants against a particular user group. It is not only unfair but sends the message that the Town will discriminate at whim. We moved to the area, particularly to Avon, because of all the beautiful trails and the openness of multisport use. We implore you to please let common sense prevail. Respectfully, John-Brian and Jackie Work Page 166 of 184 From: Richard Dalton NEW Sent: Tuesday, May 11, 2021 7:46 AM To: Council Everyone Group <council@avon.org> Subject: OHV on roads My name is Richard Dalton and I have lived at 5040 Wildridge Road East, unit A, since September of 2019. I purchased my property for a number of reasons, one of which was the access to the trails for riding my motorcycle and mountain bikes. Please do not limit OHV access to the roads in Wildridge! Your consideration is appreciated! Richard Dalton Page 167 of 184 From: Les Boris NEW Sent: Tuesday, May 11, 2021 7:55 AM To: Council Everyone Group <council@avon.org> Subject: Support for OHV Ordinance Attention Avon Town Council- As a constituent of Avon, my family and I are in support of Off Highway Vehicles to be legally allowed on Wildridge Roads. We live on Wildridge Road and own ATVs. We have been driving the short distance from our house to the trailheads behind our house without incident for over 10 years. We purchased in Wildridge for this express purpose: to be able to access the trails. We do not agree with any of the arguments put forth by those opposing as long time use and evidence proves the contrary. Yours truly, Les and Catherine Boris Page 168 of 184 From: rudi baldwin NEW Sent: Tuesday, May 11, 2021 8:04 AM To: Council Everyone Group <council@avon.org> Subject: Wildridge OHV Hello Council, I am writing in support of allowing OHV use on the town of Avon streets, specifically Nottigham, Metcalf, and the surrounding Wildrige and Wildwood areas. I myself live on Metcalf Rd and one of the reasons I love living here is the easy access to the trails and national forest for my dirt bike. We OHV operators will not increase traffic in the area as we have been doing this for 16+ years, just in a gray area of the law. We respect all road laws and speed limits, while also being no louder than standard delivery and trash trucks, diesel trucks and lawn mowers that are used on a daily basis. Being able to ride our OHVs home will limit emissions by eliminating the need to trailer a dirtbike or side by side with a gas guzzling suv or truck. All of our vehicles have spark arrestor therefore not increasing the risk of wildfires. If anything all the OHV users may help identify, report, put out fires caused by lightning strikes. The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use. Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants against our particular user group. Thank you for you time and I hope to see a resolution passed allowing the continued use of OHV on the TOA streets in Wildridge. Page 169 of 184 From: howell lowe NEW Sent: Tuesday, May 11, 2021 8:58 AM To: Council Everyone Group <council@avon.org> Subject: ohv legalization on Avon and Wildridge roads Good day: We live at 4221 Wildridge road West and are permanent residents. We oppose the ordinance to allow ohv vehicles on roads. I personally own an ATV, snowmobile and street and dirt motorcycles and have ridden trails and street for over 50 years. Because of increased traffic allowing unlicensed vehicles would be dangerous to the increased number of pedestrians and other legitimate street vehicles, not to mention the noise. Most importantly passing this ordinance would greatly increase the fire risk. In Wildridge where the winds are brutal a grass or forest fire could be devastating. Lastly please advise Amy Phillips that Wildridge is part of Avon and the roads belong to the tax paying residents of this town of which you are supposed to represent not dictate. Please try to remember that government is for the people ! Buddy Lowe Page 170 of 184 From: noreply@civicplus.com NEW Sent: Tuesday, May 11, 2021 9:31 AM To: Council Everyone Group <council@avon.org> Subject: Online Form Submittal: Public Comment Public Comment CONTACT TOWN STAFF & ELECTED OFFICIALS Name Tab Bonidy Department you wish to contact Avon Town Council Message Please pass the ordinance legalizing OHV to drive on the roads in Wildridge. We have been doing this for years without incident and there is no reason not to legalize it. It is the perfect community to allow this as to the access to the National Forest is right there. Page 171 of 184 From: devondecrausaz NEW Sent: Tuesday, May 11, 2021 10:03 AM To: Council Everyone Group <council@avon.org> Subject: Email in support of OHV use on Town Streets in Wildridge Dear Mayor and Council Members, I live at 5796 Wildridge Rd. E., adjacent to the Forest Service Rd 779 trailhead. We have lived here since January, 2000. I am in support of the Ordinance allowing OHV use of Town streets in Wildridge. In reading the oppositions emails, I have a few thoughts: • This Ordinance will not result in OHVs driving through the roundabouts in Town. The Ordinance would only provide for streets in Wildridge to and from storage, garages or our homes to the trailheads. • The Ordinance will not increase traffic on town streets. We have been driving on OHVs on town street to and from the trailheads for the last 16+ years, without incident, see Policy Chief Daly's report. • The Ordinance will not create excess noise nor effect the peace and quiet enjoyment of our neighborhood. They are not any louder than construction, delivery and trash vehicles or lawn mowers. • The Ordinance will not cause more pollution because we will be able to legally ride close to home and avoid the gas guzzling, carbon emitting journey to a far away trailhead. • The Ordinance will not have a negative impact on wildlife. Studies show humans on foot, especially with dogs, more often invoke fight or flight response than humans on machines. • The Ordinance will not increase the risk of wildfires as our vehicles have spark arresters. Additionally, our group may identify, put out and/or report fires caused by lightning strikes. • The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use. • Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable and meaningless by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants against our particular user group. Please support the Ordinance allowing OHV use on Town streets in Wildridge. Thank you so much! Devon DeCrausaz Page 172 of 184 From: Devon DeCrausaz NEW Sent: Tuesday, May 11, 2021 10:11 AM To: Ineke de Jong <idejong@avon.org>; Council Everyone Group <council@avon.org> Subject: FW: Wildridge OHV Wildridge OHV.pdf Good morning, My husband, Rick Smith, uploaded the attached yesterday to the EngageAvon website but it doesn’t look like it made it into the Council packet. Would you please confirm it is included. Thank you so much! Devon Devon DeCrausaz Page 173 of 184 From: Carel Slatkoff NEW Sent: Tuesday, May 11, 2021 10:44 AM To: Council Everyone Group <council@avon.org> Subject: OHV Ordinance Mayor Smith-Haymes and Members of the Avon Town Council A recent article in the Vail Daily recounted how the Vail Town Council was working to protect the neighbors of the Booth Fall Trailhead. It stood in stark contrast to the way in which Wildridge seems to be a constant target for the Town Council. A survey was conducted in 2020 to “take the pulse” of Wildridge on various issues. Somehow the Council seems to have lost the results. Living at the 4 way intersection in Wildridge, I perish the thought of even more off road vehicles on our streets. The noise factor, impact on wildlife and increased traffic are surely not in this neighborhood's best interest. I hope the Council can find alternative projects to give their attention to. Carel Slatkoff Page 174 of 184 From: Mike Swann NEW Sent: Tuesday, May 11, 2021 11:00 AM To: Ineke de Jong <idejong@avon.org> Subject: Wildridge OHVs I would like to write in support of the use of OHVs in Wildridge subdivision. I live in Wildridge and think the use of OHVs by our neighbors to access trails. Thank you. Michael Swann Page 175 of 184 From: Lauren McElroy NEW Sent: Tuesday, May 11, 2021 11:25 AM To: Council Everyone Group <council@avon.org> Subject: OHV use on Streets in Wildridge To whom this may concern - I am FOR the use of Off-Hwy vehicles on the upper streets in Wildridge (for use on Metcalf Rd., Wildwood Rd. and streets in Wildridge to and from storage, garages or our homes to the trailheads). And would love to extend the ordinance to Edwards as well! -- Lauren McElroy Page 176 of 184 From: cole plavec NEW Sent: Tuesday, May 11, 2021 11:47 AM To: Council Everyone Group <council@avon.org> Subject: OHV usage Dear TOA Council, Having grown up in Wildridge I have enjoyed and appreciated the opportunity to access the forest on my dirtbike straight from my house. It has been an activity that my family and I have shared for many years and I am thankful that I've had exposure to nature at such a young age in a fun way. I now find myself wanting to continuously get out in the wilderness, whether it's on a dirtbike, skis, hiking, mountain bike or snowmobile. I feel fortunate to grow up in an environment where I can recreate outdoors in a variety of ways and hope this remains an opportunity for others growing up in this valley. I would like to see OHV usage on Wildridge roads approved so everyone has an opportunity to access forest roads in a way that best fits their lifestyle. Thank you for listening to my concerns. Cole Plavec Page 177 of 184 From: marcie glowacki NEW Sent: Tuesday, May 11, 2021 11:54 AM To: Council Everyone Group <council@avon.org> Subject: Wildridge in support of OHV I Marcie Greis am in support of OHV use on streets in Wildridge. I too have experienced illegal unlawful rights against me/property by the City of Avon because of their own personal views and personal relationships in the valley, while turning a blind eye on others because of special interest. This will be addressed in the near future. Kind Regards, Marcie Greis Page 178 of 184 From: Rick Smith NEW Sent: Tuesday, May 11, 2021 12:02 PM To: Council Everyone Group <council@avon.org> Subject: Supporting OHV in Wildridge My name is Rick Smith my family and I have lived in Wildridge for 22 years and we live adjacent to the Red and White trailhead. We are in strong support of allowing OHV access on Wildridge roads. I have studied the opposition’s opinions and found them lacking in fact, based on opinion and totally subjective in nature. I’d like to respond to these opinions: • Violation of the Wildridge Covenants: The Town of Avon’s Attorney, Mr. Wiser, in his June 14, 2020 letter to Mayor Smith Hymes and the TOA’s Town Council, clearly articulates; “While the WDC intended the provisions of the Covenants to be enforceable throughout Wildridge through at least 2079, the dissolution of the WDC and Covenants Committee have made enforcement of the Covenants impossible, and therefore rendered them essentially meaningless.” • Environmental damage: The Opposition clearly does not understand the unintended consequences of their position. If on road access in Wildridge is denied, owners of OHVs would then be required to load their OHV on a trailer and pull the trailer to the Red & White or June Creek trailheads with their truck or worse yet, haul their OHV some 20-30 miles to Eagle or Gypsum, incurring a much larger carbon footprint. I also wonder if the opposition who lives adjacent to the trail heads understand the line of trucks and trailers which would accumulate along the side of the road. Unless of course they would require that to be prohibited as well, which would essentially mean there would be zero ability to gain access to Forest Service land by OHV. • Community Survey: A portion of the Opposition claims the survey was a clear referendum against OHV on Wildridge roads and the Town Council should pay attention and “listen to the will of the people”. Again, a totally erroneous and misleading conclusion. If you analyze the survey, it indicates nothing of the kind. In fact, 43% are Supportive or Very Supportive of “continue motorized vehicular and recreation use of Road #779” and if you include the “neutral” score it goes up to 69% and only 31% are Opposed or Very Opposed. When the question is asked in the negative; Do you support the discontinuing motorized vehicular use of Road # 779 and limiting use to passive recreations? The number of Supportive and Very Supportive is 44%, the Very Opposed and Opposed is 32%, HOWEVER, you have a large group of 24% undecided. Hardly a referendum to discontinue motorized vehicles. • Noise: The Opposition feels OHVs are too loud. As I mentioned we have lived next to Red & White for more than 20 years and have never been bothered, in the slightest, by the noise of OHVs and I have never heard any of our neighbors complain of noise. Additionally, you do not hear noise as an issue with OHVs in Eagle and Gypsum. You can hear lawn mowers and weed whackers as much as you can OHV and for longer periods of time. I can only assume the next move by this group is to try and ban the use of gas driven mowers and weed trimmers. I get the sense they want to turn Wildridge into a quite retirement community. Establishing a 10-15 mile/hour speed limit will also significantly reduce noise from OHVs. Page 179 of 184 • Safety: The Opposition feels OHVs are a safety hazard. Again, nothing based on fact only opinion. If OHVs were unsafe we would have had accidents during the last 20 years with OHVs on Wildridge roads and furthermore, you would have heard of concerns voice in Eagle and Gypsum. No such concerns exist and like their other arguments, this is a total “Red Herring”. Furthermore, Chief Daly Report indicates no concern whatsoever about OHV use on Wildridge roads. Let’s make sure we listen to our Safety Experts on this issue and not an emotional argument that has no basis in fact. One other very important point I think you should consider and that is ensuring access to Forest Service land by the Disabled. The Disabled is a group of Americans we hold dear, cherish and do everything we can as a Country to protect and give them equal access. While the Americans with Disability Act (ADA) is not legally applicable in this situation, certainly the spirit of the law is. One of the only ways this group can gain access is via OHV, please don’t forget this group. I also read one of the Opposition’s letter to the Town Council stating the Glenwood Fire was caused by “sparks”, inferring sparks from OHVs would be a fire hazard. In fact, it was reported the fire started from sparks from a chain being dragged by a semi-truck or the other root cause is thought to be from cigarette. Again, the Opposition is trying to mislead you into a totally false narrative to advance their position. A last point I would like to make to the Avon Town Council and Mayor; I consider you to be Leaders in this community, more so than Politicians. As such I would like to advise you of a mistake many leaders make and that is being leaders known as “Takeaway” Leaders. This is a leader who takes away a benefit greatly valued by a group of people, in this case the citizens of Wildridge. I have found the only time this comes close to being justified is if there is a compelling reason for the takeaway. I hope I and the other supporters of OHVs have made the case, these positions of the Opposition are no way close to compelling, but instead based on untruths and feelings. I know as a leadership group your Vision (although I could not find the Town’s Vision or Mission on your website or in other documents) for the community has to do with something around vibrancy and energy as evidence by the outstanding work done on mountain bike trails, Nottingham Lake beach and stage. OHVs and exploring the national forest contribute to that vibrancy and energy. Please continue to support OHV access on Wildridge roads. Respectfully, Rick Smith Page 180 of 184 From: christy brown NEW Sent: Tuesday, May 11, 2021 12:36 PM To: Council Everyone Group <council@avon.org> Subject: IN SUPPORT OF OHV use on town streets in Wildridge To whom it may concern - I am a mother of two up an coming outdoor enthusiast - be it on their feet for a hike - or on a OHV with me and their dad! I am a full time resident in Wildridge at 4560 Flat Point. Access to forest roads 717 and 779 are very important to me and the family. This is the WHY to our home and the WHY to living in Wildridge. It’s in the name of the neighborhood! Myself and my family are in FULL SUPPORT of formalizing the legal use of OHVs on town streets to and from the trailheads. Thank you for reading. Please don’t take this amazing-ness away from us. Christy Ball Page 181 of 184 From: Peter marc De meillac NEW Sent: Tuesday, May 11, 2021 12:55 PM To: Council Everyone Group <council@avon.org> Subject: OHV use in Wildridge Town Council Members I am a full time Wildridge resident and love everything about this community. I often tell others that we live in the last real neighborhood in the upper valley. What I mean by this is that we are mostly homeowners and long term renters here. This is one of the last places that you can park on the road in front of your house, keep your camper, snowmobile or boat in your driveway and ride your OHV to public forrest access. My 2 sons and I are avid OHV users and use the access road 772 and June creek access rd weekly from the week they open to the week they close for dirt biking, camping and hunting access. We ride respectfully, slowly and as quietly as possible while in the neighborhood and are always greeted by fellow community members by waves and smiles. The deer and dogs do not flee as we ride by and are all accustomed to hearing and seeing these vehicles. The question of use of OHVs in the neighborhood was put forth in the Wildridge survey and it seems to be an issue that has drawn fairly neutral results. This has nothing to do with the town on the valley floor, the roundabouts or any residents that do not live in Wildridge. OHVs used by responsible owners are not a danger to the community and are probably less of a danger to the owners than the hundreds of bicyclists that use our access hill and neighborhood roads to get their exercise. We are not trying to keep these bicycles out of our neighborhood although they do cause concern to drivers as we navigate our shared roads Please pass this ordinance to allow OHVs to use the roads in Wildridge The Town of Avon loves to say that we are a community and not a town so let the community of Wildridge continue to be a real mountain town where we can access the mountains that we have all moved here to enjoy Thanks for your time P.Marc DeMeillac Page 182 of 184 From: Tony Larese NEW Sent: Tuesday, May 11, 2021 1:53 PM To: Council Everyone Group <council@avon.org> Subject: Wildridge OHV Council, 15 year Wildridge resident and I am 100% in support of OHV use on the streets of Wildridge. Thank you, Tony Larese Page 183 of 184 From: Ashley Reynolds NEW Sent: Tuesday, May 11, 2021 2:02 PM To: Council Everyone Group <council@avon.org> Subject: Support OHV use on town streets in Wildridge Dear Mayor and Council Members, I live at 5032 Wildridge Rd, and am a full time resident of Wildridge. My family has lived in Wildridge for 10 years (well Sean most of his life), our family has recreated on Forest Service Roads 717 and 779. This access is why we chose to live in Wildridge. It is an incredible amenity. We are in support of formalizing the legal use of OHVs on Town streets to and from the trailheads. Sincerely, Ashley Reynolds Page 184 of 184 From: d.epifanio NEW Sent: Tuesday, May 11, 2021 2:12 PM To: Ineke de Jong <idejong@avon.org> Subject: Re: OHV in Wildridge Hello this is Darren Epifanio I’m sorry I did not put it in the proper subject line but I would like a letter to know that I am for allowing OHV vehicles in wild Ridge I am a resident of 2281 Old Trail Rd. for the last 20 years and avid motorcyclist and feel that they should be open to the public thank you very much Darrren Epifanio 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Ordinance 21-06 DATE: May 5, 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 do so. The Town’s authority to restrict water usage during drought con ditions is intended to be complementary to the Water Authority and to enable the Town, in cooperation with the Water Authority, to curtail and restrict non - compliant water usage during drought restrictions. The Code amendments also clarify waste caused by breach of agreements with the Town related to water rights and water use constitute a nuisance. In response to proposed Ordinance 21-06, the Water Authority is in the process of updating its Water Response Plan. It is anticipated such updated will be completed by May 11th, but as of the date of this report such updates are still being completed. 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, The General Manager of the District is responsible, 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 2 pursuant to the Response Plan, for making the declaration of a Water Emergency and which level of response is appropriate. 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. Ordinance 21-06 also empowers the Town Manager to declare a nuisance where there is a breach of an agreement with the Town related water rights or water use. 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. PROPOSED MOTION: “I move to approve on Second Reading of Ordinance 21-06, amending certain portions of Chapter 13.04.” Paul Wisor ATTACHMENTS: Ordinance 21-06 Ord. 21-06 Water Restrictions [5/11/21] 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 service from the Upper Eagle Regional Water Authority (the “Authority”); and WHEREAS, the Town currently receives wastewater 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 sustained 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 2021 Rules and Regulations for Water and Wastewater Service, last update April 22, 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 streamflows when necessary to preserve reservoir storage, protect stream health, and protect public health and safety; 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 drought conditions 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 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 Ord. 21-06 Water Restrictions [5/11/21] Page 2 of 4 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. 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 20 21 Rules and Regulations for Water and Wastewater Service for the Eagle River Water Sanitation District and Upper Eagle Regional Water Authority, 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 nuisance 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 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 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 Ord. 21-06 Water Restrictions [5/11/21] Page 3 of 4 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 severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall 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 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. [EXECUTION PAGE FOLLOWS] Ord. 21-06 Water Restrictions [5/11/21] Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 13, 2021 and setting such public hearing for May 11, 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 May 11, 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: MJR21004 – PUBLIC HEARING – Major Development Plan on Lot 1, Riverfront Subdivision – 42 Riverfront Lane DATE: May 5, 2021 STAFF REPORT OVERVIEW: This report presents a Major Development Plan with Design Review (“Application”) for a 40 unit condominium development. Notable for Council is that this is the final phase of the final lot of the Riverfront PUD project approved by Council in 2006. 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 with CRP/ EWP Riverfront Avon Owner II, LLC (“Applicant”) proposes a new development on Lot 1. This Application presents the second phase (“Phase II”) for Lot 1 and the final phase for the Riverfront Planned Unit Development (“Riverfront PUD”). Phase II is located to the north of the Phase I townhome development on Lot 1, (which was approved by Council on April 13, 2020) and Riverfront Lane. The primary access will be from the Phase I garage entrance on the east and a new garage level above it, with access on the north side. The building is seven (7) stories high and has a mix of 1, 2, 3 and 4‐bedroom units. It will include two (2) 1-bedroom units (or at least 1,000 square feet of deed restricted residential space per the 2019 Riverfront PUD amendment). There is a rooftop bar on the east side of the sixth floor. The building mainly features gable roofs wish some shed roofs creating additional floor space below in certain areas. Lot 1 is zoned Riverfront PUD and allows for the uses proposed in this Application. The proposed Condominium building is highlighted, with the phase I townhome units uncolored behind it. Page 2 of 9 Staff Review Recommendation PROCESS: The Planning and Zoning Commission (“PZC”) reviews Major Development Plan applications and provides a recommendation to Council after conducting a public hearing. Council reviews Major Development Plan applications and takes action on final decision after conducting a public hearing. PUBLIC NOTICE: Notice of the public hearing was published in the April 30, 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 for this application type. PROPERTY DESCRIPTION: Lot 1 is 1.7 acres located on the east side of the Riverfront PUD. The property is currently vacant and relatively flat. It is situated between Riverfront Lane, the Eagle River and riverfront recreation trail. The Westin Hotel is adjacent to the west of Lot 1. Under the Riverfront PUD Lot 1 is permitted 53 dwelling units and 0.654 acres of site coverage (35.5% site coverage of Lot 1) (See Attachment C: PUD Tracking Sheet). Planning & Zoning Public Hearing Recommendation to Council Town Council Public Hearing Decision Page 3 of 9 BACKGROUND: The Riverfront Subdivision and PUD Development Plan was originally approved in 2006. The Riverfront Subdivision created 7 separate parcels and the Riverfront PUD Development Plan established permitted uses, permitted density and design guidelines for development of each lot. Council also approved a Development Agreement for the Riverfront PUD project in 2006 by Ordinance No. 06-03, which established vested property rights that continued until 2018. Council approved an extension of the vested property rights to March 18, 2021, by Ordinance No. 17-17. PZC RECOMMENDATION: The PZC voted unanimously to recommend approval of the Application subject to the following 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. STAFF RECOMMENDATION: I recommend Council approve the Application subject to these same conditions. The Applicant has applied for a Minor Development Plan for the new short-term parking areas. This modification also requires a License Agreement through Town Council because the property is owned by the Town. SAMPLE MOTION FOR APPROVAL: “I move to approve Case #MJR21004, an application for Major Design and Development Plan for Lot 1 Riverfront Subdivision, based upon the Findings of Fact and subject to Conditions as set forth in David McWilliams Staff Report dated May 5, 2021.” 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 Town Council 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 will be approved 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. Page 4 of 9 COUNCIL OPTIONS: • Approve the Application; • Approve the Application with modified conditions; • Continue the Application to a date certain; or • Deny the Application based upon non-compliance with review criteria. Lot Coverage, Setback and Easements: Lot 1 has the following building envelope and easements: Front Side Back (Eagle River) 10’ 0’ 75’ Building Height: The maximum building height permitted for Lot 1 is 105’ and the Application’s maximum height is 92’. A height step-back requirement of 55’ applies to Phase I townhomes but does not apply to this project. Deed Restricted Housing: The Riverfront PUD states, “Owner of Lot 1 shall convey deed restriction(s) for two (2) 1-bedroom residential units or a total gross floor area of one thousand square feet (1000 sq. ft.) in Lot 1 development to the Town of Avon as a condition of receiving any certificate of occupancy”, for residents of the County. The application narrative mentions the units but does not identify which units will be deed restricted. The Applicant will designate the appropriate unit(s) as a condition of certificate of occupancy. DESIGN STANDARDS ANALYSIS: The Riverfront PUD has its own Design Standards, which are cited when applicable. The ADC standards apply when the Riverfront PUD Design Standards does not address a specific matter. Parking: The 40-unit development requires a total of 1.2 parking space per unit, with a 15% reduction (41 required spaces total) per the Riverfront PUD. The commercial component of the development requires 6 parking spaces. Between the two levels of the garage, a total of 61 spaces are provided, which is sufficient to cover the 14 spaces required for Phase I and the 47 spaces required 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 or a minimum of four (4) bicycle parking spaces per ADC Sec. 7.28.020(j). The applicant proposes eight (8) bike parking spaces on the north side of Lot 1, 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 underway for the area north of Lot 1, and implementation is recommended before any closure of the current short-term parking area (related to building on Lot 1). ADC requires above-grade visible parking structures to be sited so that the narrow end of the parking structure is perpendicular to the perimeter street. In this case, the parking area is not visible, and the regulation does not apply. PLANNING ANALYSIS Page 5 of 9 Landscaping & Irrigation: At buildout of both phases, the total landscape area proposed is 25,024 square feet, or 33.8% of Lot 1. 500 landscape units are required, and 2,012 units are proposed, include blue spruce, fir, bristlecone pine, aspen, maple, serviceberry, several deciduous shrub species, native grasses, ground cover, and mulch areas (attachment B, Sheet 2). The landscaping is well developed and compliments the property and the Riverfront as a whole. 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 recommends approval of the Application subject to the condition of Staff review of the irrigation plan prior to building permit submittal. Building Design, Building Materials and Colors: The primary exterior building materials are stone veneer, cementitious stucco, wood siding (stained brown), pre-finished metal panels, and stained concrete (Attachment A, Sheet 28). Materials and colors were reviewed for conformance with the Riverfront PUD Development Plan and determined to comply with the Design Standards. All materials are of high quality and compliment Avon’s built landscape. Staff recommends that an on-site mockup be a requirement for final review of building materials and colors. The street-level aesthetics of the building are driven by the two-level garage design. The second and third image below are examples of recently approved condo-type buildings. According to ADC Sec. 7.28.090(d)(4)(i), “Buildings shall have street-facing architectural details and elements which provide a human scale to the facade. Flat, monotonous facades shall be avoided.” The metal panel detailing will help achieve this requirement. Proposed exterior of the new Condominium Building. From the vehicular entry, there will be little landscaping screening the building. Approved (but not built) "Colorado World Resorts" building included louvers in the raised parking garage. Page 6 of 9 Completed “Riverfront Lodge” building has an underground garage and has a more active street presence. Roof Material and Pitch: The Application proposes 6:12 shingled and 2:12 metal standing seam roof pitches, which conforms with the PUD Development Standards. Sec 7.28.090(4) states, “(i) Pitched roofs, particularly those located over building entrances, shall be oriented such that excessive snow and ice does not accumulate over or drop onto pedestrian walkways, parking areas or drives. Special protection, such as snow fences, shall be required for roofs so oriented.” Further, Sec 7.28.090(5) states, (i)Building Design: (A)Buildings shall be designed so that entries, steps, balconies and pedestrian walkways or sidewalks are protected from precipitation shedding off roofs. (B)Sheltering roofs or building projections for protection from rain, wind, snow and ice shall be provided in areas of pedestrian activity around public/ institutional, commercial and mixed-use buildings, including sheltered entranceways at major entrances and pedestrian-oriented façades along public sidewalks or walkways. (C)Buildings shall avoid roof designs, canopy structures or other design features that would allow accumulated snow, ice or rain or to fall or slide onto sidewalks or walkways. Roofs shall be designed to protect doorways, exterior stairs, balconies, garage entrances, bicycle parking and pedestrian sidewalks and walkways from snow and ice. Where sloping rooflines incline toward such areas, protective features, such as arcades, loggias and dormers, shall be used to protect pedestrians from falling snow. Such devices need not be continuous if foundation planning beds are located to set the walkway away from the building facades. A small roof sheds to the front of the building and special care needs to be taken to assure that pedestrians below are not impacted by falling snow. Staff included a clarification of snow arresting measures for these roofs as a condition of approval for review by the Building Official. Shade Analysis: A shade analysis was prepared for the project as required by the Riverfront PUD. The proposed building will shade a portion of Riverfront Lane in the winter. The impact is expected to be similar to the shading of the Westin Hotel building on Riverfront Lane. Snow Removal: The Applicant proposes a snow plan on the south of the sidewalk, which will have trouble melting in the winter. The Riverfront property is responsible for its own snow removal, both internally, and along Riverfront Lane. The Riverfront owners have been responsive to snow removal needs in the past. Screening: Several existing mechanical features occupy the northwest side of the proposal. While no new infrastructure will be added here, the area is properly screened with landscaping and provided a good buffer between the project and the neighboring facilities garage entrance. Exterior Lighting: The proposed exterior building lighting (Attachment B) comply with ADC requirements. Page 7 of 9 Regulation III.A.4 of the PUD Design Standards: This regulation states, “on any given elevations at Lots 1, 3, and 4 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes.” The elevations are articulated with stairwells, balconies and building angles so that none are flat. Four-Sided Design: Per ADC Sec. 7.28.090(j)(4)(ii), “The rear and side elevations of new buildings that are visible from public spaces and adjacent buildings shall be designed with equal care and quality as the front or principal face. If a blank wall cannot be avoided, it shall be detailed, painted or landscaped in a manner that renders the wall attractive to pedestrians.” Staff is satisfied that the elevations have high quality detailing, thus complying with four-sided design regulations. § 7.16.080(f), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The Application is in compliance with the applicable purposes outlined in the Development Code. Purpose (f) states, “Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality.” 2. Evidence of substantial compliance with §7.16.090, Design Review; Staff Response: The Design Review section seeks quality development and structures that are visually harmonious with the site and the surrounding vicinity. Conformance with this code section is discussed below and in Staff Analysis. 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 building does not dominate the site and is in scale with the river setting and its relationship to the more dominant Westin Hotel (nine (9) stories tall on the street side). The building height is compliant with the Riverfront PUD buildings step down between Lot 1 and 2. This building is closer to the street edge. The impact to existing vegetation is minimal. REVIEW CRITERIA: MAJOR DEVELOPMENT PLAN & DESIGN REVIEW Page 8 of 9 Other general Goals and Policies are listed below: Goal A.1: Promote a compact community form. Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and cohesive neighborhoods that contribute to the Town’s overall character and image. Goal B.4: Encourage commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. The Application is part of an overall PUD development that was intended to achieve many of these Goals and Policies. Lot 1, Phase II is consistent with and contemplated by the original Riverfront PUD and completes an overall PUD plan that achieves compact community form, a cohesive resort-oriented neighborhood, is expected to be a substantial contributor to Avon’s economic health and will enhance Avon’s image, is strongly compatible with the adjacent development in Riverfront PUD, and furthers the Applicant’s efforts to provide highly desirable luxury residential product as originally envisioned in the Riverfront PUD. 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 that accompany 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 Development Code standards. Staff finds this criterion to be met for the reasons addressed in this report. 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 building complies with this criterion, compliments the surrounding community and the Riverfront neighborhood, and is consistent with development on adjacent lots. 2. The design meets the development and design standards established in this Development Code; and Staff Response: The Application is in compliance with the development and design standards contained in the Development Code for the reasons described in the Planning Analysis section of this report. Page 9 of 9 3. The design reflects the long-range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Applicable adopted plans include the Avon Comprehensive Plan, provisions of the Development Code, and the PUD Design Standards. The design has been evaluated for conformance with these plans and Staff has determined the Application meets the requirements. Specifically, this Application completes the development of the Riverfront PUD as a comprehensive, multi-lot, multi-phase development originally approved in 2006. Attachments A. Application Narrative and Development Plans B. Lighting Cut Sheets C. PUD Tracker D. Riverfront PUD Development Plan ONE RIVERFRONT CONDOMINIUMS Major Development Plan Application (Phase 2) Application Narrative Submitted: Lot 1 | Riverfront Village PUD March 15, 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 2 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 2 referenced as “One Riverfront Condominiums.” 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 2 of the project. One Riverfront is proposed on Lot 1, the easternmost of 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 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. As part of this Phase 2 project, forty (40) condominium units are proposed as part of a 7-story condominium building, “One Riverfront Attachment A Condominiums.” A previous application described Phase 1, comprised of thirteen (13) 2–to-3 story townhome units surrounding a central courtyard and pool (One Riverfront Townhomes). One Riverfront Condominiums: One Riverfront Condominiums represent Phase 2 of the overall project and are comprised of forty (40) condominium residences within a 7-story building. The lowest story is an on- grade parking garage (stacked over the underground garage that is part of Phase 1), and the top two stories are 2-level penthouse condominiums. Within the building is 1,000 SF of deed-restricted space required by the PUD, and Level 6 also includes a Rooftop Bar that faces Beaver Creek to the south and the Gore Range to the east. The building creates the fourth edge of the courtyard and pool space formed by the Phase 1 Townhomes. The south side of the building overlooks the courtyard and pool, the Eagle River, and boasts dramatic views to Beaver Creek Resort. The north side of the building is oriented to the Town of Avon and the mountains to the north. Condominium owners have access to both levels of parking for their residences. The on- grade parking near the front entry and drop-off enters from the west side of the building, while the underground parking enters from Riverfront Lane on the east side of the property. Minimal landscape and hardscape is proposed as part of Phase 2, since most of that will have been installed as part of Phase 1. The total project floor area is approximately 85,451 SF. The architectural character of the Condominium building 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 building to its site, cementitious “wood” siding, cementitious architectural panels, expressed glu-lam structure, metal-clad windows and doors, composite shingles, and standing seam metal accent roofs. Like the Townhomes, the Condominium building will be certified LEED Gold and again the team is studying the possibility of introducing sustainability initiatives that will propel the project beyond this metric. 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 Attachment A design guidelines established by the Riverfront PUD guide. The proposed forty (40) units, along with the previously-submitted thirteen (13) 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—which was also described within the Phase 1 application—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: 28,501 SF (38.5% of Lot 1 Area) Paved Area (Heated): 14,367 SF (19.4% of Lot 1 Area) / 253 SF IN RF LANE R.O.W. Paved Area (Unheated) 1,195 SF (1.6% of Lot 1 Area) Snow Storage Area: 5,013 SF (419% of Unheated Paved Area) Total Impervious Area: 44,063 SF (59.5% of Lot 1 Area) Landscape Area: 25,024 SF (33.8% of Lot 1 Area) Building Heights: Condominium Building: maximum height to the tallest point on the roof: Maximum actual height is 92’-0” (Maximum allowable height is 105’-0”) 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: 25,024 SF or 33.8% of the Lot 1 area Total irrigated area: 8,601 SF or 34.4% of the proposed landscape area Total spray irrigated area: 1,186 SF or 13.8% of total irrigated area Total drip irrigated area: 7,415 SF or 86.2% of total irrigated area Temporary irrigated area: 8,985 SF (for revegetation seeded areas) Most exterior amenities have been submitted as part of the Phase 1 project; they include the pool deck, pool and spas, most internal sidewalks, most of the 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 One Riverfront Condominiums is proposed within two garage levels: the single- level underground garage (Level +88.0) and the single-level on-grade garage (Level +100.0). The underground garage is 18,103 square feet in area and provides thirty-three (33) spaces, some of which will be used by Townhome owners. The on-grade garage is 13,179 square feet in area and provides twenty-eight (28) spaces. Together, the two garage levels provide 61 total spaces and apply the parking requirement of 1.2 parking spaces per unit and a 15% Attachment A reduction per the PUD parking requirements for Lot 1, for fifty-five (55) spaces required total for all residences. Additionally, they include the 6 extra spaces required for the 1200-SF Rooftop Bar, again based upon the PUD requirements and the area of “leasable commercial space.” Two ADA spaces were provided as part of Phase 1—one standard ADA space and one van ADA space—and one additional ADA space is being provided as part of Phase 2, for a total of three spaces. Both levels of garage include totals of 10 Spaces that are EV-capable, 7 spaces that are EVSE-ready, and 4 spaces that are EVSE-installed. 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 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE -PLANNING -INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.IN3/15/2021 4:25:31 PM20182642.10AVON, COLORADO4/06/2021DPNZISSUE D - PLANNING AND ZONING SUBMITTALApril 6, 2021Attachment A 61 33 7 GARAGE LEVEL FLOOR PLAN (+88) 8 GARAGE LEVEL FLOOR PLAN (+100) 9 LOBBY LEVEL FLOOR PLAN (+112) 10 THIRD LEVEL FLOOR PLAN (+123’-6”) 11 FOURTH LEVEL FLOOR PLAN (+135’) 12 FIFTH LEVEL FLOOR PLAN (+146’-6”) 1313 SIXTH LEVEL FLOOR PLAN (+158’) 14 SEVENTH LEVEL FLOOR PLAN (+169-6”) 15 ROOF PLAN 16 CONDOMINIUM BUILDING UNIT FLOOR PLANS 17 CONDOMINIUM BUILDING UNIT FLOOR PLANS 18 CONDOMINIUM BUILDING UNIT FLOOR PLANS 19 CONDOMINIUM BUILDING UNIT FLOOR PLANS 2020 CONDOMINIUM BUILDING UNIT FLOOR PLANS 21 CONDOMINIUM BUILDING UNIT FLOOR PLANS 22 CONDOMINIUM BUILDING UNIT FLOOR PLANS 23 CONDOMINIUM BUILDING UNIT FLOOR PLANS 24 CONDOMINIUM BUILDING UNIT FLOOR PLANS 25 CONDOMINIUM BUILDING UNIT FLOOR PLANS 26 CONDOMINIUM BUILDING UNIT FLOOR PLANS 2727 CONDOMINIUM BUILDING ELEVATIONS 28 CONDOMINIUM BUILDING ELEVATIONS 29 ONE RIVERFRONT NEIGHBORHOOD - AERIAL VIEW FROM NORTHEAST 30 ONE RIVERFRONT NEIGHBORHOOD - VIEW FROM NORTHEAST 31 ONE RIVERFRONT NEIGHBORHOOD - VIEW FROM NORTHWEST 32 ONE RIVERFRONT NEIGHBORHOOD - AERIAL VIEW FROM SOUTHEAST 33 ONE RIVERFRONT NEIGHBORHOOD - AERIAL VIEW FROM SOUTHWEST 3434 ONE RIVERFRONT NEIGHBORHOOD - RIVERFRONT VILLAGE PERSPECTIVES 35 ONE RIVERFRONT NEIGHBORHOOD - SOLAR ACCESS STUDY 36 MATERIAL BOARD 37 TYPICAL CONDOMINIUM BUILDING DETAILS 38 TYPICAL CONDOMINIUM BUILDING DETAILS 4/06/2021 2/26/2021 D472 SF 25,024 SF 28,501SF (32,011 SF 85,450 (EXCLUDES +88 GARAGE) 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 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 ONE 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 Condominiums North Not to Scale ONE RIVERFRONTTOWNHOMES © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 04.06.2021ONE RIVERFRONT OVERALL ILLUSTRATIVE PLAN Unit Type Unit Qty. Total SF Condominiums 40 85,451 ONE RIVERFRONT CONDOMINIUMS DEVELOPMENT SUMMARY Totals 40 85,451 3 Attachment A North Scale: 1” = 20’ 0 20’10’40’ © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 04.06.2021ONE RIVERFRONT ILLUSTRATIVE SITE PLAN 4 Attachment A North Scale: 1” = 20’ 0 20’10’40’ © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 04.06.2021ONE RIVERFRONT LANDSCAPE PLAN EXISTING TRAIL (ASPHALT) WESTIN HOTEL AVON RDENTRY ARTIFICIAL TURF ENTRY GATE GATE RIDGE GATEGATE 1 1 5 . 0 'AASHTO ( 2 0 m p h ) SPA 3 7.5' x 9' BLDG ENTRY GARAGE ENTRY EXIT 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 PLANT BED (MULCH) GROUND COVER PROPOSED PLANTING STRIP (MULCH) NATIVE SEED MULCH PLANT BED MULCH PLANT BED MULCH PLANT BED NATIVE SEED PERENNIALS GROUND COVER NATIVE SEED PLANT BED (MULCH) GROUND COVER PLANT BED (MULCH) (2) CONC STEPS 6" STEP AT THRESHOLD (2) CONC STEPS (2) CONC STEPS (2) CONC STEPS 6" STEP AT THRESHOLD 6" STEP AT THRESHOLD 6" STEP AT THRESHOLD EXISTING CURB LINE PROPOSED CONC SIDEWALK (REF CIVIL) PROPERTY LINE EXISTING SIDEWALK ADA RAMP WAYFINDING SIGN CARD READER FLUSH CONC CURB RETAINING WALL W/ STONE CAP AND VENEER EMERGENCY GENERATOR PAD 6' HT WOOD FENCE (REF ARCH) PROPOSED ELEC TRANSFORMER (REF CIVIL) (4) BIKE RACKS REF 9 / L5.1 COLORED CONC STEPS HEATED / (3) 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 REF CIVIL FOR DETAIL (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) 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 ROOF LINE (ABOVE) BOULDER WALL (HT VARIES / 4' MAX) COLORED CONC STEPS HEATED (REF 8 /L5.1) EDGING, TYP RETAINING WALL W/STONE VENEER AND CAP BLDG WALL BELOW VRF UNITSVRF UNITS VRF UNIT VRF UNITS VRF UNITS VRF UNITS VRF UNITS BOULDER SEAT WALL SCREENING ENCLOSURE SCREENING ENCLOSURE TRASH ENCLOSURE ROOF LINE (ABOVE) ROOF LINE (ABOVE) ROOF LINE (ABOVE) ONE RIVERFRONT CONDOMINIUMS FFE LOBBY = 7440.0 FFE GARAGE = 7428.0 RID G E 7 5 2 6 . 6 7 RID G E 7 5 2 9 . 0 RIDGE 7529.0TRASH ENCLOSURE TRASH ENCLOSURE 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 200 88 48 234 119 63 133 40 47 TOTAL LU FOR TREES = 925 (46%) TOTAL LU FOR SHRUBS = 594 (29.5%) 33 64 18 11 15 7 35 7 16 43 20 84 23 38 58 PLANT LEGEND: EVERGREEN TREES DECIDUOUS TREES SHRUBS BLUE SPRUCE (14' HT) QTY - 25 Picea pungens 'Gluaca' DOUGLAS FIR (12' HT) QTY - 11 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 - 39 Pinus mugo var. rostrata WOODS ROSE (15 GAL) QTY - 47 Rosa woodsii MORDEN GOLDEN GLOW ELDERBERRY (15 GAL) QTY - 33 Sambucus racemosa 'Morden Golden Glow' RED TWIG DOGWOOD (15 GAL) QTY - 64 Cornus sericea 'Baileyi' TIGER EYES SUMAC (15 GAL) QTY - 18 Rhus typhina 'bailtiger' COMMON LILAC (15 GAL) QTY - 15 Syringa vulgaris 'Andeken an Ludwig Spaeth' FRAGRANT SUMAC (15 GAL) QTY - 7 Rhus aromatica HARRISON'S YELLOW ROSE (15 GAL) QTY - 35 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 - 43 Viburnum dentatum 'Blue Muffin' GOOSEBERRY (15 GAL) QTY - 20 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 - 38 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 (29.5%) 215 277 1 TOTAL LU GRASSES / PERENNIALS = 493 (24.5%) PERENNIALS MIXED SPECIES (1 GAL) 1,186 SF NATIVE SEED - MONTANE MEADOW MIX 8,985 SF APPLICATION RATE: 30 LBS / ACRE GROUND COVER ORNAMENTAL GRASSES LANDSCAPE UNIT QTY FEATHER REED GRASS (5 GAL) QTY - 277 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 25,024 SF 33.8 % LOT 1 AREA TOTAL IRRIGATED AREA 8,601 SF 34.4 % OF LANDSCAPE AREA SPRAY AREA 1186 SF 13.8 % OF TOTAL IRRIGATED AREA DRIP AREA 7,415 SF 86.2 % 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 1186 SF PERENNIALS (ENTIRE AREA) 1194 SF GROUND COVER PLANTS (ENTIRE AREA) 2144 SF (134) TREES X 16 SF EACH 2970 SF (594) SHRUBS X 5 SF EACH 1107 SF (492) GRASSES X 2.25 SF EACH 8,601 SF TOTAL TEMPORARY IRRIGATION (SPRAY OR ROTORS) 8,985 SF NATIVE SEED AREA IRRIGATED AREA CALCULATIONS TOTAL LANDSCAPE UNITS = 2,012 ONE RIVERFRONTLANDSCAPE PLAN 5 Attachment A North Scale: 1” = 20’ 0 20’10’40’ © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 04.06.2021ONE RIVERFRONT SITE PLAN 5'-0" 6'-0" EXISTING TRAIL (ASPHALT) WESTIN HOTEL AVON RDENTRY ARTIFICIAL TURF ENTRY 16'-6"3'-7"6'-6"28'-0"16'-3 "8'-6"GATE 6'-3"7'-0"5'-0"5'-0"7'-0"5'-0"24'-0"41'-6"8'-0"9'-10"26'-5"11'-8" 13'-2" GATE RIDGE 4'-0" 1'-6"16'-4"8'-4" 1'-6"1'-6"2'-0" 11'-9" 5'-1"3'-0"GATEGATE SPA 3 7.5' x 9' BLDG ENTRY GARAGE ENTRY EXIT 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 9'-6"3'-0"10'-8"3'-0"3'-0" 1'-6"1'-6"6'-812"5'-0"5'-0" 4'-6" 4'-6"4'-0"4'-0"4'-0"5 ' - 0 " 5'-0" EXISTING CURB LINE PROPOSED CONC SIDEWALK (REF CIVIL) PROPERTY LINE EXISTING SIDEWALK ADA RAMP WAYFINDING SIGN CARD READER FLUSH CONC CURB RETAINING WALL W/ STONE CAP AND VENEER EMERGENCY GENERATOR PAD 6' HT WOOD FENCE (REF ARCH) PROPOSED ELEC TRANSFORMER (REF CIVIL) (4) BIKE RACKS REF 9 / L5.1 COLORED CONC STEPS HEATED / (3) 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 REF CIVIL FOR DETAIL (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) 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 ROOF LINE (ABOVE) BOULDER WALL (HT VARIES / 4' MAX) COLORED CONC STEPS HEATED (REF 8 /L5.1) EDGING, TYP RETAINING WALL W/STONE VENEER AND CAP BLDG WALL BELOW VRF UNITSVRF UNITS VRF UNIT VRF UNITS VRF UNITS VRF UNITS VRF UNITS BOULDER SEAT WALL SCREENING ENCLOSURE SCREENING ENCLOSURE TRASH ENCLOSURE ROOF LINE (ABOVE) ROOF LINE (ABOVE) ROOF LINE (ABOVE) ONE RIVERFRONT CONDOMINIUMS FFE LOBBY = 7440.0 FFE GARAGE = 7428.0 RID G E 7 5 2 6 . 6 7 RID G E 7 5 2 9 . 0 RIDGE 7529.0TRASH ENCLOSURE TRASH ENCLOSURE SYMBOL LEGEND: PROPOSED SPOT ELEVATION BOLLARD LIGHTS (REF LIGHTING DWGS TYPE) EXISTING TREE TO BE PRESERVED QTY (29) BUILDING ENTRY VEHICULAR PAVERS 1,788 SF (80mm / HEATED) REF 1 / L5.1 PEDESTRIAN PAVERS 1,403 SF (80mm / HEATED) REF 1 / L5.1 GRAY CONCRETE 3,780 SF (UNHEATED) REF CIVIL FOR DETAIL COLORED CONCRETE (HEATED / COLOR TBD) 9,982 SF REF 4 & 5 / L5.1 GRAY CONCRETE (HEATED) 1,194 SF RIVER ROCK COBBLE MULCH 226 SF (2"-4" MULTI-COLORED) ARTIFICIAL TURF 593 SF PRODUCT: SYNAUGUSTINE 347 MFR: SYNLAWN LIMIT OF WORK DECORATIVE LANDSCAPE BOULDERS SNOW STORAGE 5,013 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: 28,501 SF (38.5% of Lot 1 Area) Paved Area (Heated): 14,367 SF (19.4% of Lot 1 Area) / 253 SF IN RF LANE R.O.W Paved Area (Unheated) 1,195 SF (1.6% of Lot 1 Area) Landscape Area: 25,024 SF (33.8% of Lot 1 Area) Snow Storage Area: 5,013 SF (419% of Unheated Paved Area) BUILDING TYPE UNITS / SF PARKING CALCULATONS CONDOMINIUMS 40 Units 1.2 Per Unit = 48 Off Street Spaces Required -7 (15% Reduction Per PUD) 41 Off Street Spaces Required COMMERCIAL 1200 Sq. Ft.5 per 1000 SF =6 Off Street Spaces Required (Roof Top Bar) 47 Total Off Street Spaces Note: (14) Additional spaces are allocated for Townhomes parking. Total off street parking capacity is (61) spaces. 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. 6 Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 704.06.2021ONE RIVERFRONT GARAGE LEVEL (+88) FLOOR PLAN PUD Requirements: 14 Townhome Spaces (1.2/ Unit x 15% Reduction) 41 Condominium Spaces (1.2/ Unit x 15% Reduction) 6 Bar Spaces (5/1,000 sqft) 61 Spaces Required TOA EV Requirements: 61 x 5% = 4 Spaces EVSE Installed 61 x 10% = 7 Spaces EVSE Ready 61 x 15% = 10 Spaces EV Capable 8 9 9 10 10 11 11 12 12 13 13 14 14 15 18 20 20 7 6 5 5 4 4 3 3 1 19 19 D M M 2 C R 4 4 6 TRASH ROOM 0122 2STAIR 030 ELEV 002 ELEV 001 STAIR 032 L IN E A R T R E N C H D R A IN E X IS T IN G W E S T IN F O U N D A T IO N S P F DWATER S E R V IC E E N T R Y A R E A A N D B O L L A R D S 030A 032A 010A 010B 012A 011A 1 6 x 1 6 L O U V E R , R E F M E P D W GS 2 4 x 3 6 L O U V E R , R E F M E P D W GS PARKING GARAGE +88'-0" (33 PARKING SPACES) 010 LOBBY 016 016A016A 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9202122232425262728293031 3 2 3 3 1 3 2 STORAGE LOCKERS (40 LOCKERS) 022 CONSTRUCT TEMPORARY STEEL EGRESS AND ACCESS STAIR FOR ACCESS TO TOWNHOMES CONSTRUCT TEMPORARY STEEL EGRESS AND ACCESS STAIR FOR ACCESS TO TOWNHOMES 022A 023A 024A CONDO AND POOL MECH 023 MECH / IT ROOM 024 ELEV 025 +8 6 '-0 "+8 8 '-0 "T /O C O N C T /O C O N C 16 16 17 17 B C C A E E K K F F G G H LCR 4 4 6 TRASH ROOM 0122 2STAIR 030 ELEV 002 ELEV 001 STAIR 032 L IN E A R T R E N C H D R A IN E X IS T IN G W E S T IN F O U N D A T IO N S P F DWATER S E R V IC E E N T R Y A R E A A N D B O L L A R D S 030A 032A 010A 010B 012A 011A 1 6 x 1 6 L O U V E R , R E F M E P D W GS 2 4 x 3 6 L O U V E R , R E F M E P D W GS PARKING GARAGE +88'-0" (33 PARKING SPACES) 010 LOBBY 016 016A016A 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9202122232425262728293031 3 2 3 3 1 3 2 STORAGE LOCKERS (40 LOCKERS) 022 CONSTRUCT TEMPORARY STEEL EGRESS AND ACCESS STAIR FOR ACCESS TO TOWNHOMES CONSTRUCT TEMPORARY STEEL EGRESS AND ACCESS STAIR FOR ACCESS TO TOWNHOMES 022A 023A 024A CONDO AND POOL MECH 023 MECH / IT ROOM 024 ELEV 025 +8 6 '-0 "+8 8 '-0 "T /O C O N C T /O C O N C 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX NOTE: LEVEL +88 GARAGE FOUNDATION WALLS, CORE WALLS, FLOOR SLABS, AND TEMPORARY STAIRS AT SOUTH WALL WILL BE CONSTRUCTED AS PART OF PHASE 1 TOWNHOMES PROJECT -- REFER TO DOCUMENTS ISSUED WITH THAT PROJECT FOR ADDITIONAL INFORMATION. SCOPE FOR PHASE 2 CONDOMINIUMS PROJECT INCLUDES INTERIOR OF OWNER LOCKER, INSTALLATION OF MECHANICAL PLANT EQUIPMENT, AND INSTALLATION OF ELEVATORS. TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 4:56:32 PMA1.01 20182642.10 12/30/2020 DF MR FLOOR PLAN +88' -0" (GARAGE LEVEL)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET 1/8" = 1'-0"A1.01 1 FLOOR PLAN +88' -0" (GARAGE LEVEL) Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 804.06.2021ONE RIVERFRONT UP 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 3 3 19 19 D M M 16 17 17 C C A E E K K F F G G H L CORRIDOR 009 STAIR 019 ELEV 001 LOBBY 004 STAIR 018 CORRIDOR 005 COOLING TOWER 006 ELEV 003 LOBBY / STAIR 008 CR PARKING GARAGE +100'-0" (28 PARKING SPACES) 010 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 51617181920212223242526 2 7 2 8 4 6 1 2 48 2 ELEV 002 IT ROOM 007 019A 019B 009A 004C 004B 004A 018A 018B 005A 006A 007A 010A 008B 008C CONSTRUCT METAL STUD ENCLOSURE FOR TEMPORARY EGRESS AND ACCESS STAIR WITH PROTECTIVE ROOF AND RATED DOOR CONSTRUCT METAL STUD ENCLOSURE FOR TEMPORARY EGRESS AND ACCESS STAIR WITH PROTECTIVE ROOF AND RATED DOOR + 100' - 0" T/O CONC 008A 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 4:47:41 PMA1.02 20182642.10 12/30/2020 DF MR FLOOR PLAN +100' -0" (GARAGE LEVEL)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET 1/8" = 1'-0"A1.02 1 FLOOR PLAN +100'-0" (GARAGE LEVEL) GARAGE LEVEL (+100’) FLOOR PLAN PUD Requirements: 14 Townhome Spaces (1.2/ Unit x 15% Reduction) 41 Condominium Spaces (1.2/ Unit x 15% Reduction) 6 Bar Spaces (5/1,000sqft) 61 Spaces Required TOA EV Requirements: 61 x 5% = 4 Spaces EVSE Installed 61x 10% = 7 Spaces EVSE Ready 61 x 15% = 10 Spaces EV Capable Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 904.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units Area: 12,944 Gross SF Unit Count: (6) 1 Bedroom Units (3) 2 Bedroom Units (1) 3 Bedroom Units (0) 4 Bedroom Units (10) Total Units DN 100A 100B 100C 100D 100E 100F 100G 100H 100J 100K 100M 100N 100P100Q 1BR TYPICAL 101 REFERENCE 1/A1.10 1BR TYPICAL 103 REFERENCE 1/A1.10 101B 101A103B103A 102A 102B 102C 102D 102F102E 104B104A 1BR PLUS 108 REFERENCE 3/A1.11 108A 1BR END 110 REFERENCE 1/A1.11 110A 110B 110D 110C 2BR NORTHWEST 107 REFERENCE 3/A1.12 107B 107A 107C 107D 107E 107F 107G 107H 107J 107K 1 BR NORTH 105 REFERENCE 3/A1.10 120F 120E CORRIDOR 117 OFFICE 115 120G ELEV 001 ELEV 002 STAIR 119 STAIR 118 ELEV 003 103A 101A 103B 101B 118A 100A 100B 102A 102B 107A 110A 108A 110B 104B 119B 104A 105A 106B106A 106C 106D 106E 106F 106B 106A 107B 100L 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 WOOD OVERHEAD COILING DOOR COOLING TOWER W6 W6W6 LOBBY 116 P13 16 16 17 17 B C C A 65' - 9"E E K K F F 30' - 3"5' - 6"30' - 0"G G H L 2BR TYPICAL 106 REFERENCE 1/A1.12 1BR TYPICAL 104 REFERENCE 1/A1.10 2BR TYPICAL 102 REFERENCE 1/A1.12 CORRIDOR 117 3 BR EAST 100 REFERENCE 1/A1.14 100U 100T 100S 100R120D 120A 105B105C A1.30 2 105B 120B 120C T/O CONC 110G 108B 108B + 112' - 0" 105C WOMENS RESTROOM 123 JANITORS CLOSET 122 MENS RESTROOM 121 FAMILY RESTROOM 120 13' - 6"19' - 0"19' - 0"19' - 0"19' - 0"19' - 0"19' - 0"9' - 10"23' - 8"10' - 0"3' - 0"2' - 6" 176' - 6" 6 6 ' - 0 "5 ' - 6 "1 0 ' - 6 "4 ' - 0 "1 5 ' - 0 "1 8 ' - 6 "1 2 ' - 6 "LIGHTWEIGHT COLORED PAVERS ON FLAT ROOF 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:42:37 PMA1.03 20182642.10 12/30/2020 ES MR FLOOR PLAN +112'-0" (LOBBY LEVEL)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET 1/8" = 1'-0"A1.03 1 FLOOR PLAN +112'-0" (LOBBY LEVEL) LOBBY LEVEL (+112’) FLOOR PLAN Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1004.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units Area: 12,798 Gross SF Unit Count: (2) 1 Bedroom Units (5) 2 Bedroom Units (2) 3 Bedroom Units (0) 4 Bedroom Units (9) Total Units 3BR EAST 200 REFERENCE 1/A1.14 3BR TYPICAL 203 REFERENCE 3/A1.13 2BR TYPICAL 202 REFERENCE 1/A1.12 2BR TYPICAL 204 REFERENCE 1/A1.12 2BR TYPICAL 205 REFERENCE 1/A1.12 1BR END 210 REFERENCE 1/A1.11 2BR NORTHWEST 207 REFERENCE 3/A1.12 LOBBY 216 MAID 221 CORRIDOR 217 CORRIDOR 217 ELEV 001 ELEV 002 STAIR 219 STAIR 218 204A 202A 204B 202B 205A 221A 205B 207A 210A 208A 200A 203A 210B 200B 203B 204A 204B 204C 204D 204F204E 202A 202B 202D 202C 202F202E 205F 205E 205D 205C 205B 205A 220A 219A 203E 203F 203H203J 203G 203C203D 203A203B 200R 200N 200M 200G 200H200F 200A 200E 200D200C200B 218A 208A 210C210D 210B 210A 207D 207E 207C 207H 207G 207F 207J 207K ELEV 003 206A 206B206B206A 206C 206D 206E 206F 206B 207B 207B 207A 200J 200K 200L 200P200Q 2BR TYPICAL 206 REFERENCE 1/A1.12 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 200S200T200U LIGHTWEIGHT COLORED PAVERS ON FLAT ROOF W6W6W6 W6 W6 W6 16 16 17 17 B C C A E E K K F F G G H L 207L + 123' - 6" T/O CONC 208B 208B 1 BR PLUS 529 REFERENCE 3/A1.11 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:42:44 PMA1.04 20182642.10 12/30/2020 ES MR FLOOR PLAN +123' -6" (LEVEL THREE)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT 1/8" = 1'-0"A1.04 1 FLOOR PLAN +123'-6" (LEVEL THREE) TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:42:44 PMA1.04 20182642.10 12/30/2020 ES MR FLOOR PLAN +123' -6" (LEVEL THREE)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET THIRD LEVEL (+123’-6”) FLOOR PLAN Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1104.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units Area: 12,798 Gross SF Unit Count: (2) 1 Bedroom Units (5) 2 Bedroom Units (2) 3 Bedroom Units (0) 4 Bedroom Units (9) Total Units ELEV 003 ELEV 001 ELEV 002 2BR TYPICAL 302 REFERENCE 1/A1.12 2BR TYPICAL 304 REFERENCE 1/A1.12 2BR TYPICAL 306 REFERENCE 1/A1.12 3BR TYPICAL 303 REFERENCE 3/A1.13 2BR TYPICAL 305 REFERENCE 1/A1.12 1BR PLUS 308 REFERENCE 3/A1.111BR END 310 REFERENCE 1/A1.11 2BR NORTHWEST 307 REFERENCE 3/A1.12 LOBBY 316MAID 321 CORRIDOR 317 CORRIDOR 317 STAIR 319 STAIR 318 304A 302A 304B 302B 305A 321A 305B 307A 310A 308A 300A 303A 310B 300B 303B 304E 302F 305E 303F 310C 304D 302D 305C 303H 300C 307D 304F 302E 305F 303E 310D 304C 302C 305D 303J 303G 300D 307E 307C 304A 302A 305A 303D 303B 300N 300H300F 310B 310A 307H 307F 307J 307K 307G 308A 304B 302B 305B 303C 303A 300M 300G 300A 300B 300E 319A 318A 320A 306A 306B306A306B 306C 306D 306E 306F 307B 307A307B 300J 300K 300L 300P 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 300Q300R300S300T300U W6 W6 W6W6W6 W6 16 16 17 17 B C C A E E K K F F G G H L + 135' - 0" T/O CONC 308B 308B 3BR EAST 300 REFERENCE 1/A1.14 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:20 PMA1.05 20182642.10 12/30/2020 ES MR FLOOR PLAN +135'-0" (LEVEL FOUR)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT 1/8" = 1'-0"A1.05 1 FLOOR PLAN +135'-0" (LEVEL FOUR) TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:20 PMA1.05 20182642.10 12/30/2020 ES MR FLOOR PLAN +135'-0" (LEVEL FOUR)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET FOURTH LEVEL (+135’) FLOOR PLAN Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1204.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units Area: 12,844 Gross SF Unit Count: (0) 1 Bedroom Units (2) 2 Bedroom Units (2) 3 Bedroom Units (2) 4 Bedroom Units (6) Total Units 3BR EAST 400 REFERENCE 1/A1.14 4BR 402 REFERENCE 1/A1.17 4BR WEST 406 REFERENCE 1/A1.18 3BR TYPICAL 403 REFERENCE 3/A1.13LOBBY 416 ELEV 001 ELEV 002 ELEV 003 2BR TYPICAL 405 REFERENCE 1/A1.122BR NORTHWEST UPPER 407 REFERENCE 1/A1.13 CORRIDOR 417 CORRIDOR 417 STAIR 419 STAIR 418 406A 402A 402B 405A 421A 405B 407A 400A 403A 400B 403B 420A 419A 418A 403F 403E 403H403J 403G 403C403D 403A403B 400N 400M 400G 400H400F 400A 400E 400D400C400B 405F 405E 405D 405C 405B 405A 407D 407E 407C 407H 407G 407F 407J 407K 402M402L 406C 406B 406D 406E 406F 406G 406H 402B402A 402C 402E402D 402F 402H402G 402K 406K 406L 406M 406N 406P 406B MAID 421 407B 407A407B 400J 400K 400P 406Q 402J 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 407L 400Q400R400S400T400U W6 W6 W6 16 16 17 17 B C C A E E K K F F G G H L 400L + 146' - 6" T/O CONC 406J 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:30 PMA1.06 20182642.10 12/30/2020 ES MR FLOOR PLAN +146''-6" (LEVEL FIVE)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT 1/8" = 1'-0"A1.06 1 FLOOR PLAN +146'-6" (LEVEL FIVE) TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:30 PMA1.06 20182642.10 12/30/2020 ES MR FLOOR PLAN +146''-6" (LEVEL FIVE)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET FIFTH LEVEL (+146’-6”) FLOOR PLAN Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1304.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units Area: 12,906 Gross SF Unit Count: (0) 1 Bedroom Units (0) 2 Bedroom Units (2) 3 Bedroom Units (4) 4 Bedroom Units (6) Total Units LOBBY 516MAID 521 ELEV 001 ELEV 002 4BR SOUTHEST PENTHOUSE 502 REFERENCE 1/A1.21 4BR SOUTHWEST PENTHOUSE 506 REFERENCE 1/A1.20 4BR NORTHWEST PENTHOUSE 505 REFERENCE 1/A1.20 3BR SOUTHWEST PENTHOUSE 508 REFERENCE 1/A1.15 3BR NORTHWEST PENTHOUSE 507 REFERENCE 1/A1.16 STAIR 519 STAIR 518 CORRIDOR 517 505A 507A 520A 519A 518A 508A 506A 502A 503A 506B 502B 503B 507B 507A507B 507D 507E 507C 520A505B505A 507H 507G 507F 507J 507K 508B 508A 508C 508D 508E 508F 508G 502A 502B 502C 502G 502H 502J 502K 503A503B503C 503G503H503J520A 508J508H 506A 506B 506C 506D 506E 506G 506H 506J 505C505E505D 505F505G 521A 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 506F 502D 518B WOMEN'S 527 MEN'S 528526A 527A 528A 503F 507L W6 W6 W6W6W6 W6 16 16 17 17 B C C A E E K K F F G G H L 525A 4BR NORTHEAST PENTHOUSE 503 REFERENCE 1/A1.21 CORRIDOR 517 ELEV 003 502E 502F 503D503E 528A 528B527A + 158' - 0" T/O CONC KITCHEN 526 ROOF TOP BAR 525 + 158' - 0" T/O CONC 1,200 SQ FT 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 4:47:51 PMA1.07 20182642.10 12/30/2020 ES MR FLOOR PLAN +158'-0" (LEVEL SIX)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT1/8" = 1'-0"A1.07 1 FLOOR PLAN +158'-0" (LEVEL SIX) No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET SIXTH LEVEL (+158’) FLOOR PLAN Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1404.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units Area: 7,736 Gross SF Unit Count: (0) 1 Bedroom Units (0) 2 Bedroom Units (0) 3 Bedroom Units (0) 4 Bedroom Units (0) Total Units *Penthouse Level of Units 502, 503, 505, 506, 507, 508 4BR SOUTHEAST PENTHOUSE 502 REFERENCE 3/A1.21 4BR SOUTHWEST PENTHOUSE 506 REFERENCE 3/A1.20 4BR NORTHEAST PENTHOUSE 503 REFERENCE 3/A1.21 4BR NORTHWEST PENTHOUSE 505 REFERENCE 3/A1.19 3BR SOUTHWEST PENTHOUSE 508 REFERENCE 3/A1.15 3BR NORTHWEST PENTHOUSE 507 REFERENCE 3/A1.16 506N 506P 506Q 502L 502M 502P502M 503R503S 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 507Q 507R 507S 507T 508K 508L 508M STAIRS BELOW STAIRS BELOW ELEV BELOW ELEV BELOW 16 16 17 17 B C C A E E K K F F G G H L 503T505H505J505K 507M 507N 507P 508N 508P 506K 506L 506M 502Q 502R 502S 502T 502U 502V 502Q 503K 503L 502M 503N503P503Q 1. ALL INTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.2. ALL EXTERIOR WALL ASSEMBLIES TYPEUNLESS SHOWN OTHERWISE.3. ALL FLOOR ASSEMBLIES TYPEUNLESS NOTED OTHERWISE ONFLOOR PLAN OR RCP.4. DRAWING REVISIONS ARE INDICATED BY5. CENTER DOORS AND OPENINGS IN ROOMSOR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.6. REFERENCE ENLARGED PLANS FOR ADDITIONAL DIMENSIONS, ASSEMBLY TAGS, AND DETAIL TAGS.7. REFERENCE SHEETS X.XX FOR ALL OTHER DOOR AND WINDOW SCHEDULES.FLOOR PLAN SHEET GENERAL NOTESPXWXFXX TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:43 PMA1.08 20182642.10 12/30/2020 ES MR FLOOR PLAN +169'-6" (LEVEL SEVEN)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT 1/8" = 1'-0"A1.08 1 FLOOR PLAN +169'-6" (LEVEL SEVEN) TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:43 PMA1.08 20182642.10 12/30/2020 ES MR FLOOR PLAN +169'-6" (LEVEL SEVEN)CONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET SEVENTH LEVEL (+169’-6”) Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1504.06.2021ONE RIVERFRONT ROOF PLAN SHEET GENERAL NOTES1. (xxx '- x") INDICATES PLATE HEIGHTS, RELATIVE TO 100'-0" DATUM.2. ALL ROOF ASSEMBLIES TYPE UNLESS NOTED OTHERWISE ON ROOF PLAN OR RCPS:3. ALL OVERHANG DIMENSIONS ARE FROM EXTERIOR FACE OF EXTERIOR STUD TO EXTERIOR FACE OF STRUCTURAL RAFTER, UNLESS NOTED OTHERWISE.4. DENOTES FLUES AND VENTS, PAINT BLACK. REF MEP DWGS FOR ALL LOCATIONS.5. REF MECHANICAL DWGS FOR PRECISE LOCATIONS OF ROOF PENETRATIONS.6. REFER DETAIL x/A5.xx FOR TYPICAL EAVE / FASCIA DETAIL UNLESS NOTED OTHERWISE. 7. REFER DETAIL x/A5.xx FOR TYPICAL RAKE DETAIL UNLESS NOTED OTHERWISE. 8. REFER DETAIL x/A5.xx FOR TYPICAL VALLEY DETAIL UNLESS NOTED OTHERWISE. 9. REFER DETAIL x/A5.xx FOR TYPICAL RIDGE DETAIL UNLESS NOTED OTHERWISE.10. REFER DETAIL x/A5.xx FOR TYPICAL ROOF-TO-WALL FLASHING DETAIL AND x/A5.xx FOR TYP KICK-OUT FLASHING UNLESS NOTED OTHERWISE. A. TYPE DENOTES COMPOSITE ASPHALT ROOFINGB. TYPE DENOTES METAL STANDING SEAMR1R2 R1 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 18 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 16 16 17 17 B C C A E E K K F F G G H L 2:122:126:126:122:12 2 :1 2 6:12 2:122:12 6:122:12 3 :1 26:122:121:122:12 1:126:12 6:12 6:12 2:122:126:126:126:12FLAT ROOF BELOW 2:12 DECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOWDECK BELOW (50) 39"x65" PV PANELS (16) 39"x65" PV PANELS (8) 39"x65" PV PANELS (20) 39"x65" PV PANELS R2 R2 R2 R2 R2 R2 R2 R2R2 R2 R2 R2 R2 R2 R2 (14) 39"x65" PV PANELS (14) 39"x65" PV PANELS TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:50 PMA1.09 20182642.10 12/30/2020 ES MR ROOF PLANCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT 1/8" = 1'-0"A1.09 1 ROOF PLAN No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET ROOF PLAN ROOF PLAN SHEET GENERAL NOTES 1. (xxx '- x") INDICATES PLATE HEIGHTS, RELATIVE TO 100'-0" DATUM. 2. ALL ROOF ASSEMBLIES TYPE UNLESS NOTED OTHERWISE ON ROOF PLAN OR RCPS: 3. ALL OVERHANG DIMENSIONS ARE FROM EXTERIOR FACE OF EXTERIOR STUD TO EXTERIOR FACE OF STRUCTURAL RAFTER, UNLESS NOTED OTHERWISE. 4. DENOTES FLUES AND VENTS, PAINT BLACK. REF MEP DWGS FOR ALL LOCATIONS. 5. REF MECHANICAL DWGS FOR PRECISE LOCATIONS OF ROOF PENETRATIONS. 6. REFER DETAIL x/A5.xx FOR TYPICAL EAVE / FASCIA DETAIL UNLESS NOTED OTHERWISE. 7. REFER DETAIL x/A5.xx FOR TYPICAL RAKE DETAIL UNLESS NOTED OTHERWISE. 8. REFER DETAIL x/A5.xx FOR TYPICAL VALLEY DETAIL UNLESS NOTED OTHERWISE. 9. REFER DETAIL x/A5.xx FOR TYPICAL RIDGE DETAIL UNLESS NOTED OTHERWISE. 10. REFER DETAIL x/A5.xx FOR TYPICAL ROOF-TO-WALL FLASHING DETAIL AND x/A5.xx FOR TYP KICK-OUT FLASHING UNLESS NOTED OTHERWISE. A. TYPE DENOTES COMPOSITE ASPHALT ROOFING B. TYPE DENOTES METAL STANDING SEAM R1 R2 R1 8 9 9 10 10 11 11 12 12 13 13 14 14 15 1518 20 20 7 6 5 5 4 3 3 1 19 19 D M M 2 16 16 17 17 B C C A E E K K F F G G H L 2:122:126:126:122:12 2:12 6:122:122:12 6:122:12 3:126:122:121:122:12 1:126:12 6:126:12 2:122:126:126:126:12FLAT ROOF BELOW 2:12 DECK BELOWDECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOWDECK BELOW (50) 39"x65" PV PANELS (16) 39"x65" PV PANELS (8) 39"x65" PV PANELS (20) 39"x65" PV PANELS R2R2 R2 R2 R2 R2 R2 R2R2 R2 R2 R2R2 R2 R2 (14) 39"x65" PV PANELS(14) 39"x65" PV PANELS TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/12/2021 12:38:50 PMA1.09 20182642.10 12/30/2020 ES MR ROOF PLANCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT 1/8" = 1'-0"A1.09 1ROOF PLAN No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1104.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 101, 103, 104 (1 BR TYPICAL) TOTAL AREA: 570 SF ,DECK AREA: 56 SF UNIT FLOOR PLAN : 105 (1 BR NORTH)0TOTAL AREA: 886 SF DECK AREA: 56 SF UNIT FLOOR PLAN : 110, 210, 310 (1 BR END)TOTAL AREA: 658 SFDECK AREA: 28 SF 9 10 11 C A E F 106A CLO 3 108 CLO 2 107 LAUNDRY 103 10'-11" x 14'-8" KITCHEN/DINING 104 5'-2" x 6'-10" ENTRY 101 5'-10" x 12'-9" BATHROOM 109 CLO 1 102 12'-10" x 14'-8" BEDROOM 106 LIVING ROOM 105 12'-10" x 14'-8" 9 10 11 Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1604.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 108, 208, 308 (1 BR PLUS)TOTAL AREA: 736 SFDECK AREA: 28 SF Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1704.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 102, 106, 202, 204, 205, 206, 302, 304, 305, 306, 405, (2 BR TYPICAL)TOTAL AREA: 1,070 SFDECK AREA: 100 SF Attachment A UNIT FLOOR PLAN : 407 (2 BR NORTHWEST UPPER LEVEL)TOTAL AREA: 1,339 SFDECK AREA: 96 SF © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1804.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 107, 207, 307 (2 BR NORTHWEST)TOTAL AREA: 1,254 SFDECK AREA: 96 SF Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 1904.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 203, 303, 403 (3 BR TYPICAL)TOTAL AREA: 1,648 SFDECK AREA: 105 SF UNIT FLOOR PLAN : 100, 200, 300, 400 (3 BR EAST)TOTAL AREA: 1,949 SFDECK AREA: 198 SF Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2004.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 508 (3 BR SOUTHWEST PENTHOUSE)TOTAL AREA: 2,086 SFDECK AREA: 192 SF UPPER LEVEL MAIN LEVEL Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2104.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 507 (3 BR NORTHWEST PENTHOUSE)TOTAL AREA: 2,245 SFDECK AREA: 96 SF UPPER LEVEL MAIN LEVEL UNIT PLAN SHEET GENERAL NOTES1. REFER TO SHEET A0.01 FOR PROJECT DIRECTORY, GENERAL NOTES, DATUM REFERENCE, GRAPHIC SYMBOLS, AND ABBREVIATIONS.2. REFER TO SHEET A5.60 FOR DOOR SCHEDULES FOR ALL INTERIOR UNIT DOORS. REFER TO OVERALL FLOOR PLANS FOR DOOR SCHEDULES FOR ALL UNIT ENTRY DOORS, EXTERIOR DOORS AND CORRIDOR DOORS.(REFER TO SHEET A5.6X FOR DOOR DETAILS).3. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE (REFER TO SHEET A5.20). 4. REFERENCE OVERALL FLOOR PLANS FOR ALL EXTERIOR WALL, UNIT DEMISING WALL AND INTERIOR SHAFT WALL ASSEMBLIES. 5. ALL FLOOR / CEILING ASSEMBLIES TYPES ARE NOTED ON OVERALL PLANS (REFER TO SHEET A5.21).6. REFER TO SHEET A5.7X FOR WINDOW DETAILS AND ACCESS DOOR DETAILS.7. REFERENCE ID DRAWINGS FOR INTERIOR ELEVATIONS AND ENLARGED INTERIOR PLANS.8. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.9. PROVIDE BLOCKING FOR FUTURE GRAB BARS PER ANSI 117.1 REQUIREMENTS IN BATHROOMS ON SHEET A5.XX.10. DRAWING REVISIONS ARE INDICATED BY .11. ALL ANGLES ARE 45° OR 90° UNLESS NOTED OTHERWISE.12. INTERIOR WALL DIMENSIONS ARE TO CENTER OF STUD AND CENTER OF GRID. EXTERIOR, DEMISING, CHASE, AND CORRIDOR WALL DIMENSIONS ARE TAKEN TO FACE OF NAKED STUD, UNLESS NOTED OTHERWISE.P1X 8 54 B C E F G PRIMARY BEDROOM 107 PRIMARY CLOSET 108 PRIMARY BATH 109 ENTRY 100 LIVING ROOM 106 KITCHEN 104 (9'-5" x 6'-5") (10'-11" x 14'-7") (10'-8" x 17'-1") (12'- 10" x 13'-6") (9'-0" x 12'-1") (13'-11" x 6'-6") DINING 105 (9'-7" x 13'-7") POWDER 101 LAUNDRY 102 (6'-8" x 7'-6") COATS 110 109B 109A 108A 107A 101A (9'-3" x 6'-5") 102A OWNER STORAGE 111 102B 110A STAIR 112 DECK P2 P2 P2 P2 P2 P2 P2 P9A 8 54 B C E F G (13'-7" x 16'-10") BEDROOM 2 201 BEDROOM 3 203 BATH 2 200 BATH 3 205 CLOSET 202 (6'-6" x 17'-1") (6'-8" x 9'-6") (12'-10" x 12'-10") (13'-11" x 6'-0") OPEN TO BELOW (9'-8" x 4'-8") 200A 201A 202A 204A 205A 200B CLOSET 3 204 STAIR 212 203ALOFT 206 P2 P2 P2 P2 P2 P2 P2 P2 205B P2 8BCE F G + 9' - 6" AFF+ 8' - 0" AFFFLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFFFLAT CLG + 8' - 6" AFFFLAT CLG+ 8' - 6" AFFFLAT CLG + 8' - 0" AFF + 8' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 9' - 0" AFFFLAT CLGPRIMARYBEDROOM107LIVING ROOM106PRIMARYCLOSET108 PRIMARY BATH 109 ENTRY100COATS110 POWDER101 OWNERSTORAGE111LAUNDRY102KITCHEN104+ 8' - 0" AFFFLAT CLG STAIR112OPEN TO ABOVE + 8' - 6" AFFB/O SOFFIT8BCE F G + 9' - 0" AFFFLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFFFLAT CLG + 9' - 0" AFFFLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG BEDROOM 2201 BATH 2 200 CLOSET202 BEDROOM 3203 BATH 3205 CLOSET 3 204 + 8' - 0" AFF FLAT CLG STAIR212+ 8' - 6" AFFFLAT CLG 2:12B/O STRUCTURELOFT206 1. ANY MECHANICAL OR ELECTRICAL ITEMS SHOWN ARE FOR COORDINATION PURPOSES ONLY --- REF MEP DRAWINGS. MEP COMPONENTS SHALL BE PRECISELY CENTERED AS SHOWN ON RCPs. 2. FIRE SPRINKLER DESIGN IS DESIGN-BUILD BY CONTRACTOR. RECESSED SPRINKLER HEADS SHALL BE PROVIDED THROUGHOUT THE PROJECT, EXCEPT AT BACK-OF-HOUSE LOCATIONS. PROVIDE WHITE CAPS WITHIN GWB CEILINGS AND BLACK OR BROWN CAPS WITHIN WOOD CEILINGS OR WOOD BEAMS. 3. ALL CASED OR WRAPPED OPENINGS 7'-0" AFF, UNLESS NOTED OTHERWISE. 4. ALL CEILING HEIGHTS INDICATED IN (PARENTHESES) ARE APPROXIMATE AND ARE TO BOTTOM OF STRUCTURE. 5. LIGHTS SHALL BE PRECISELY CENTERED WITHIN ROOMS, ON WALLS, OR IN SOFFITS UNLESS NOTED OHERWISE. 6. FOR BEAMS AND BOXED BEAMS INDICATED ON RCPs WIDTH LISTED FIRST, FOLLOWED BY DEPTH: 8X10 EQUALS 8-INCH WIDE BEAM BY 10 INCHES DEEP, NOMINAL. REFER TO SHEET A5.90 FOR BOXED BEAM DETAILS. 7. NOTIFY ARCHITECT OF ANY MEP AND STRUCTURAL CONFLICTS. 8. ACCESS PANELS TO BE CENTERED WINTHIN SPACES UNLESS OTHERWISE SHOWN. RCP SHEET GENERAL NOTES TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:31 PMA1.16 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT0'1'2'4'8' SCALE: 1/4" = 1'-0" 1/4" = 1'-0"A1.16 1 FLOOR PLAN - UNIT 507 - MAIN LEVEL 1/4" = 1'-0"A1.16 3 FLOOR PLAN - UNIT 507 - UPPER LEVEL 1/4" = 1'-0"A1.16 2 REFLECTED CEILING PLAN - UNIT 507- MAIN LEVEL 1/4" = 1'-0"A1.16 4 REFLECTED CEILING PLAN - UNIT 507 - UPPER LEVEL TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:31 PMA1.16 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT(3 BR NORTHWEST PENTHOUSE - UPPER LEVEL) (3 BR NORTHWEST PENTHOUSE - UPPER LEVEL) (3 BR NORTHWEST PENTHOUSE - MAIN LEVEL) (3 BR NORTHWEST PENTHOUSE - MAIN LEVEL) No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET UNIT PLAN SHEET GENERAL NOTES1. REFER TO SHEET A0.01 FOR PROJECT DIRECTORY, GENERAL NOTES, DATUM REFERENCE, GRAPHIC SYMBOLS, AND ABBREVIATIONS.2. REFER TO SHEET A5.60 FOR DOOR SCHEDULES FOR ALL INTERIOR UNIT DOORS. REFER TO OVERALL FLOOR PLANS FOR DOOR SCHEDULES FOR ALL UNIT ENTRY DOORS, EXTERIOR DOORS AND CORRIDOR DOORS.(REFER TO SHEET A5.6X FOR DOOR DETAILS).3. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE (REFER TO SHEET A5.20). 4. REFERENCE OVERALL FLOOR PLANS FOR ALL EXTERIOR WALL, UNIT DEMISING WALL AND INTERIOR SHAFT WALL ASSEMBLIES. 5. ALL FLOOR / CEILING ASSEMBLIES TYPES ARE NOTED ON OVERALL PLANS (REFER TO SHEET A5.21).6. REFER TO SHEET A5.7X FOR WINDOW DETAILS AND ACCESS DOOR DETAILS.7. REFERENCE ID DRAWINGS FOR INTERIOR ELEVATIONS AND ENLARGED INTERIOR PLANS.8. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.9. PROVIDE BLOCKING FOR FUTURE GRAB BARS PER ANSI 117.1 REQUIREMENTS IN BATHROOMS ON SHEET A5.XX.10. DRAWING REVISIONS ARE INDICATED BY .11. ALL ANGLES ARE 45° OR 90° UNLESS NOTED OTHERWISE.12. INTERIOR WALL DIMENSIONS ARE TO CENTER OF STUD AND CENTER OF GRID. EXTERIOR, DEMISING, CHASE, AND CORRIDOR WALL DIMENSIONS ARE TAKEN TO FACE OF NAKED STUD, UNLESS NOTED OTHERWISE.P1X 8 54 B C E F G PRIMARY BEDROOM 107 PRIMARY CLOSET 108 PRIMARY BATH 109 ENTRY 100 LIVING ROOM 106 KITCHEN 104 (9'-5" x 6'-5") (10'-11" x 14'-7") (10'-8" x 17'-1") (12'- 10" x 13'-6") (9'-0" x 12'-1") (13'-11" x 6'-6") DINING 105 (9'-7" x 13'-7") POWDER 101 LAUNDRY 102 (6'-8" x 7'-6") COATS 110 109B 109A 108A 107A 101A (9'-3" x 6'-5") 102A OWNER STORAGE 111 102B 110A STAIR 112 DECK P2 P2 P2 P2 P2 P2 P2 P9A 8 54 B C E F G (13'-7" x 16'-10") BEDROOM 2 201 BEDROOM 3 203 BATH 2 200 BATH 3 205 CLOSET 202 (6'-6" x 17'-1") (6'-8" x 9'-6") (12'-10" x 12'-10") (13'-11" x 6'-0") OPEN TO BELOW (9'-8" x 4'-8") 200A 201A 202A 204A 205A 200B CLOSET 3 204 STAIR 212 203ALOFT 206 P2 P2 P2 P2 P2 P2 P2 P2 205B P2 8BCE F G + 9' - 6" AFF+ 8' - 0" AFFFLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFFFLAT CLG + 8' - 6" AFFFLAT CLG+ 8' - 6" AFFFLAT CLG + 8' - 0" AFF + 8' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 9' - 0" AFFFLAT CLGPRIMARYBEDROOM107LIVING ROOM106PRIMARYCLOSET108 PRIMARY BATH 109 ENTRY100COATS110 POWDER101 OWNERSTORAGE111LAUNDRY102KITCHEN104+ 8' - 0" AFFFLAT CLG STAIR112OPEN TO ABOVE + 8' - 6" AFFB/O SOFFIT8BCE F G + 9' - 0" AFFFLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFFFLAT CLG + 9' - 0" AFFFLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG BEDROOM 2201 BATH 2 200 CLOSET202 BEDROOM 3203 BATH 3205 CLOSET 3 204 + 8' - 0" AFF FLAT CLG STAIR212+ 8' - 6" AFFFLAT CLG 2:12B/O STRUCTURELOFT206 1. ANY MECHANICAL OR ELECTRICAL ITEMS SHOWN ARE FOR COORDINATION PURPOSES ONLY --- REF MEP DRAWINGS. MEP COMPONENTS SHALL BE PRECISELY CENTERED AS SHOWN ON RCPs. 2. FIRE SPRINKLER DESIGN IS DESIGN-BUILD BY CONTRACTOR. RECESSED SPRINKLER HEADS SHALL BE PROVIDED THROUGHOUT THE PROJECT, EXCEPT AT BACK-OF-HOUSE LOCATIONS. PROVIDE WHITE CAPS WITHIN GWB CEILINGS AND BLACK OR BROWN CAPS WITHIN WOOD CEILINGS OR WOOD BEAMS. 3. ALL CASED OR WRAPPED OPENINGS 7'-0" AFF, UNLESS NOTED OTHERWISE. 4. ALL CEILING HEIGHTS INDICATED IN (PARENTHESES) ARE APPROXIMATE AND ARE TO BOTTOM OF STRUCTURE. 5. LIGHTS SHALL BE PRECISELY CENTERED WITHIN ROOMS, ON WALLS, OR IN SOFFITS UNLESS NOTED OHERWISE. 6. FOR BEAMS AND BOXED BEAMS INDICATED ON RCPs WIDTH LISTED FIRST, FOLLOWED BY DEPTH: 8X10 EQUALS 8-INCH WIDE BEAM BY 10 INCHES DEEP, NOMINAL. REFER TO SHEET A5.90 FOR BOXED BEAM DETAILS. 7. NOTIFY ARCHITECT OF ANY MEP AND STRUCTURAL CONFLICTS. 8. ACCESS PANELS TO BE CENTERED WINTHIN SPACES UNLESS OTHERWISE SHOWN. RCP SHEET GENERAL NOTES TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:31 PMA1.16 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT0'1'2'4'8' SCALE: 1/4" = 1'-0" 1/4" = 1'-0"A1.16 1 FLOOR PLAN - UNIT 507 - MAIN LEVEL 1/4" = 1'-0"A1.16 3 FLOOR PLAN - UNIT 507 - UPPER LEVEL 1/4" = 1'-0"A1.16 2 REFLECTED CEILING PLAN - UNIT 507- MAIN LEVEL 1/4" = 1'-0"A1.16 4 REFLECTED CEILING PLAN - UNIT 507 - UPPER LEVEL TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:31 PMA1.16 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT(3 BR NORTHWEST PENTHOUSE - UPPER LEVEL) (3 BR NORTHWEST PENTHOUSE - UPPER LEVEL) (3 BR NORTHWEST PENTHOUSE - MAIN LEVEL) (3 BR NORTHWEST PENTHOUSE - MAIN LEVEL) No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET UNIT PLAN SHEET GENERAL NOTES1. REFER TO SHEET A0.01 FOR PROJECT DIRECTORY, GENERAL NOTES, DATUM REFERENCE, GRAPHIC SYMBOLS, AND ABBREVIATIONS.2. REFER TO SHEET A5.60 FOR DOOR SCHEDULES FOR ALL INTERIOR UNIT DOORS. REFER TO OVERALL FLOOR PLANS FOR DOOR SCHEDULES FOR ALL UNIT ENTRY DOORS, EXTERIOR DOORS AND CORRIDOR DOORS.(REFER TO SHEET A5.6X FOR DOOR DETAILS).3. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE (REFER TO SHEET A5.20). 4. REFERENCE OVERALL FLOOR PLANS FOR ALL EXTERIOR WALL, UNIT DEMISING WALL AND INTERIOR SHAFT WALL ASSEMBLIES. 5. ALL FLOOR / CEILING ASSEMBLIES TYPES ARE NOTED ON OVERALL PLANS (REFER TO SHEET A5.21).6. REFER TO SHEET A5.7X FOR WINDOW DETAILS AND ACCESS DOOR DETAILS.7. REFERENCE ID DRAWINGS FOR INTERIOR ELEVATIONS AND ENLARGED INTERIOR PLANS.8. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.9. PROVIDE BLOCKING FOR FUTURE GRAB BARS PER ANSI 117.1 REQUIREMENTS IN BATHROOMS ON SHEET A5.XX.10. DRAWING REVISIONS ARE INDICATED BY .11. ALL ANGLES ARE 45° OR 90° UNLESS NOTED OTHERWISE.12. INTERIOR WALL DIMENSIONS ARE TO CENTER OF STUD AND CENTER OF GRID. EXTERIOR, DEMISING, CHASE, AND CORRIDOR WALL DIMENSIONS ARE TAKEN TO FACE OF NAKED STUD, UNLESS NOTED OTHERWISE. P1X 8 54 B C E F G PRIMARY BEDROOM 107 PRIMARY CLOSET 108 PRIMARY BATH 109 ENTRY 100 LIVING ROOM 106 KITCHEN 104 (9'-5" x 6'-5") (10'-11" x 14'-7") (10'-8" x 17'-1") (12'- 10" x 13'-6") (9'-0" x 12'-1") (13'-11" x 6'-6") DINING 105 (9'-7" x 13'-7") POWDER 101 LAUNDRY 102 (6'-8" x 7'-6") COATS 110 109B 109A 108A 107A 101A (9'-3" x 6'-5") 102A OWNER STORAGE 111 102B 110A STAIR 112 DECK P2 P2 P2 P2 P2 P2 P2 P9A 8 54 B C E F G (13'-7" x 16'-10") BEDROOM 2 201 BEDROOM 3 203 BATH 2 200 BATH 3 205 CLOSET 202 (6'-6" x 17'-1") (6'-8" x 9'-6") (12'-10" x 12'-10") (13'-11" x 6'-0") OPEN TO BELOW (9'-8" x 4'-8") 200A 201A 202A 204A 205A 200B CLOSET 3 204 STAIR 212 203ALOFT 206 P2 P2 P2 P2 P2 P2 P2 P2 205B P2 8BCE F G + 9' - 6" AFF + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 6" AFF FLAT CLG + 8' - 6" AFFFLAT CLG + 8' - 0" AFF + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 9' - 0" AFFFLAT CLGPRIMARYBEDROOM107LIVING ROOM106PRIMARYCLOSET108 PRIMARY BATH 109 ENTRY 100 COATS 110 POWDER 101 OWNER STORAGE 111 LAUNDRY102KITCHEN104 + 8' - 0" AFF FLAT CLG STAIR 112 OPEN TO ABOVE + 8' - 6" AFFB/O SOFFIT8BCE F G + 9' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 9' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG BEDROOM 2201 BATH 2 200 CLOSET 202 BEDROOM 3 203 BATH 3 205 CLOSET 3 204 + 8' - 0" AFF FLAT CLG STAIR 212 + 8' - 6" AFFFLAT CLG 2:12B/O STRUCTURELOFT206 1. ANY MECHANICAL OR ELECTRICAL ITEMS SHOWN ARE FOR COORDINATION PURPOSES ONLY --- REF MEP DRAWINGS. MEP COMPONENTS SHALL BE PRECISELY CENTERED AS SHOWN ON RCPs. 2. FIRE SPRINKLER DESIGN IS DESIGN-BUILD BY CONTRACTOR. RECESSED SPRINKLER HEADS SHALL BE PROVIDED THROUGHOUT THE PROJECT, EXCEPT AT BACK-OF-HOUSE LOCATIONS. PROVIDE WHITE CAPS WITHIN GWB CEILINGS AND BLACK OR BROWN CAPS WITHIN WOOD CEILINGS OR WOOD BEAMS. 3. ALL CASED OR WRAPPED OPENINGS 7'-0" AFF, UNLESS NOTED OTHERWISE. 4. ALL CEILING HEIGHTS INDICATED IN (PARENTHESES) ARE APPROXIMATE AND ARE TO BOTTOM OF STRUCTURE. 5. LIGHTS SHALL BE PRECISELY CENTERED WITHIN ROOMS, ON WALLS, OR IN SOFFITS UNLESS NOTED OHERWISE. 6. FOR BEAMS AND BOXED BEAMS INDICATED ON RCPs WIDTH LISTED FIRST, FOLLOWED BY DEPTH: 8X10 EQUALS 8-INCH WIDE BEAM BY 10 INCHES DEEP, NOMINAL. REFER TO SHEET A5.90 FOR BOXED BEAM DETAILS. 7. NOTIFY ARCHITECT OF ANY MEP AND STRUCTURAL CONFLICTS. 8. ACCESS PANELS TO BE CENTERED WINTHIN SPACES UNLESS OTHERWISE SHOWN. RCP SHEET GENERAL NOTES TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:31 PMA1.16 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT0'1'2'4'8' SCALE: 1/4" = 1'-0" 1/4" = 1'-0"A1.16 1 FLOOR PLAN - UNIT 507 - MAIN LEVEL 1/4" = 1'-0"A1.16 3 FLOOR PLAN - UNIT 507 - UPPER LEVEL 1/4" = 1'-0"A1.16 2 REFLECTED CEILING PLAN - UNIT 507- MAIN LEVEL 1/4" = 1'-0"A1.16 4 REFLECTED CEILING PLAN - UNIT 507 - UPPER LEVEL TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:31 PMA1.16 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT(3 BR NORTHWEST PENTHOUSE - UPPER LEVEL) (3 BR NORTHWEST PENTHOUSE - UPPER LEVEL) (3 BR NORTHWEST PENTHOUSE - MAIN LEVEL) (3 BR NORTHWEST PENTHOUSE - MAIN LEVEL) No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2204.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 402 (4 BR)TOTAL AREA: 2,218 SFDECK AREA: 102 SF UNIT PLAN SHEET GENERAL NOTES1. REFER TO SHEET A0.01 FOR PROJECT DIRECTORY, GENERAL NOTES, DATUM REFERENCE, GRAPHIC SYMBOLS, AND ABBREVIATIONS.2. REFER TO SHEET A5.60 FOR DOOR SCHEDULES FOR ALL INTERIOR UNIT DOORS. REFER TO OVERALL FLOOR PLANS FOR DOOR SCHEDULES FOR ALL UNIT ENTRY DOORS, EXTERIOR DOORS AND CORRIDOR DOORS.(REFER TO SHEET A5.6X FOR DOOR DETAILS).3. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE (REFER TO SHEET A5.20). 4. REFERENCE OVERALL FLOOR PLANS FOR ALL EXTERIOR WALL, UNIT DEMISING WALL AND INTERIOR SHAFT WALL ASSEMBLIES. 5. ALL FLOOR / CEILING ASSEMBLIES TYPES ARE NOTED ON OVERALL PLANS (REFER TO SHEET A5.21).6. REFER TO SHEET A5.7X FOR WINDOW DETAILS AND ACCESS DOOR DETAILS.7. REFERENCE ID DRAWINGS FOR INTERIOR ELEVATIONS AND ENLARGED INTERIOR PLANS.8. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.9. PROVIDE BLOCKING FOR FUTURE GRAB BARS PER ANSI 117.1 REQUIREMENTS IN BATHROOMS ON SHEET A5.XX.10. DRAWING REVISIONS ARE INDICATED BY .11. ALL ANGLES ARE 45° OR 90° UNLESS NOTED OTHERWISE.12. INTERIOR WALL DIMENSIONS ARE TO CENTER OF STUD AND CENTER OF GRID. EXTERIOR, DEMISING, CHASE, AND CORRIDOR WALL DIMENSIONS ARE TAKEN TO FACE OF NAKED STUD, UNLESS NOTED OTHERWISE.P1X 11 12 13 14 15 M K G ENTRY 100 BEDROOM 4 102 BATH 4 104 KITCHEN 105 DINING 106LIVING ROOM 107 POWDER 108 BEDROOM 2 117 CLO 2 115 PRIMARY CLOSET 114 BEDROOM 3 111 BATH 3 109 CLO 3 110 BATH 2 118 LAUNDRY 116 PRIMARY BATH 113 COATS 101 CLO 4 103 (6'-10" x 10'-7") (13'-0" x 12'-6") (6'-4" x 12'-6") (6'-1" x 12'-0")(12'-8" x 12'-0") (7'-0" x 6'-4") (7'-9" x 11'-8") (9'-1" x 11'-8") (12'-11" x 16'-10") (11'-2" x 12'-9") (6'-11" x 5'-1") (14'-6" x 16'-5") (10'-0" x 16'-5") (14'-0" x 11'-11") (10'-4" x 6'-8") 113A 113B 114A 112A 116A 115A 118A 117A 110A 111A 109B 108A 109A 101A 102A 104A 103A 104B PRIMARY BEDROOM 112 DECK (7'-0" x 6'-0") P2 P2 P2 P2P2 P2 P2 P2 P2 P2 P2 P2 P2 P9A P9A 11 12 13 14 15 M KG PRIMARYBATH113 PRIMARYCLOSET114 CLO 2115LAUNDRY116 BEDROOM 2117 BATH 2118 ENTRY100COATS101PRIMARYBEDROOM112BEDROOM 3111 CLO 3110 POWDER108 BATH 3 109 LIVING ROOM107 DINING106 KITCHEN105BEDROOM 4102 BATH 4104CLO 4103+ 9' - 6" AFFFLAT CLG + 9' - 0" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG + 8' - 6" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG + 9' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 9' - 0" AFFFLAT CLG + 9' - 6" AFF FLAT CLG + 8' - 0" AFF FLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG 1. ANY MECHANICAL OR ELECTRICAL ITEMS SHOWN ARE FOR COORDINATION PURPOSES ONLY --- REF MEP DRAWINGS. MEP COMPONENTS SHALL BE PRECISELY CENTERED AS SHOWN ON RCPs. 2. FIRE SPRINKLER DESIGN IS DESIGN-BUILD BY CONTRACTOR. RECESSED SPRINKLER HEADS SHALL BE PROVIDED THROUGHOUT THE PROJECT, EXCEPT AT BACK-OF-HOUSE LOCATIONS. PROVIDE WHITE CAPS WITHIN GWB CEILINGS AND BLACK OR BROWN CAPS WITHIN WOOD CEILINGS OR WOOD BEAMS. 3. ALL CASED OR WRAPPED OPENINGS 7'-0" AFF, UNLESS NOTED OTHERWISE. 4. ALL CEILING HEIGHTS INDICATED IN (PARENTHESES) ARE APPROXIMATE AND ARE TO BOTTOM OF STRUCTURE. 5. LIGHTS SHALL BE PRECISELY CENTERED WITHIN ROOMS, ON WALLS, OR IN SOFFITS UNLESS NOTED OHERWISE. 6. FOR BEAMS AND BOXED BEAMS INDICATED ON RCPs WIDTH LISTED FIRST, FOLLOWED BY DEPTH: 8X10 EQUALS 8-INCH WIDE BEAM BY 10 INCHES DEEP, NOMINAL. REFER TO SHEET A5.90 FOR BOXED BEAM DETAILS. 7. NOTIFY ARCHITECT OF ANY MEP AND STRUCTURAL CONFLICTS. 8. ACCESS PANELS TO BE CENTERED WINTHIN SPACES UNLESS OTHERWISE SHOWN. RCP SHEET GENERAL NOTES TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:33 PMA1.17 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT0'1'2'4'8' SCALE: 1/4" = 1'-0" 1/4" = 1'-0"A1.17 1 FLOOR PLAN - UNIT 402 1/4" = 1'-0"A1.17 2 REFLECTED CEILING PLAN - UNIT 402 TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:33 PMA1.17 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT(4 BEDROOM) (4 BEDROOM) No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2304.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 406 (4 BR WEST)TOTAL AREA: 2,387 SFDECK AREA: 99 SF Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2404.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLAN : 505 (4 BR NORTHWEST PENTHOUSE)TOTAL AREA: 2,478 SFDECK AREA: 229 SF UPPER LEVEL MAIN LEVEL Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2504.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLANS : 506 (4 BR SOUTHWEST PENTHOUSE)TOTAL AREA: 3,028 SFDECK AREA: 193 SF UPPER LEVEL MAIN LEVEL Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2604.06.2021ONE RIVERFRONT Program Color Key One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units CONDOMINIUM BUILDING UNIT FLOOR PLANS UNIT FLOOR PLANS : 502 (4 BR EAST PENTHOUSE)TOTAL AREA: 3,071 SFDECK AREA: 193 SF UPPER LEVEL MAIN LEVEL UNIT PLAN SHEET GENERAL NOTES1. REFER TO SHEET A0.01 FOR PROJECT DIRECTORY, GENERAL NOTES, DATUM REFERENCE, GRAPHIC SYMBOLS, AND ABBREVIATIONS.2. REFER TO SHEET A5.60 FOR DOOR SCHEDULES FOR ALL INTERIOR UNIT DOORS. REFER TO OVERALL FLOOR PLANS FOR DOOR SCHEDULES FOR ALL UNIT ENTRY DOORS, EXTERIOR DOORS AND CORRIDOR DOORS.(REFER TO SHEET A5.6X FOR DOOR DETAILS).3. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE (REFER TO SHEET A5.20). 4. REFERENCE OVERALL FLOOR PLANS FOR ALL EXTERIOR WALL, UNIT DEMISING WALL AND INTERIOR SHAFT WALL ASSEMBLIES. 5. ALL FLOOR / CEILING ASSEMBLIES TYPES ARE NOTED ON OVERALL PLANS (REFER TO SHEET A5.21).6. REFER TO SHEET A5.7X FOR WINDOW DETAILS AND ACCESS DOOR DETAILS.7. REFERENCE ID DRAWINGS FOR INTERIOR ELEVATIONS AND ENLARGED INTERIOR PLANS.8. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.9. PROVIDE BLOCKING FOR FUTURE GRAB BARS PER ANSI 117.1 REQUIREMENTS IN BATHROOMS ON SHEET A5.XX.10. DRAWING REVISIONS ARE INDICATED BY .11. ALL ANGLES ARE 45° OR 90° UNLESS NOTED OTHERWISE.12. INTERIOR WALL DIMENSIONS ARE TO CENTER OF STUD AND CENTER OF GRID. EXTERIOR, DEMISING, CHASE, AND CORRIDOR WALL DIMENSIONS ARE TAKEN TO FACE OF NAKED STUD, UNLESS NOTED OTHERWISE.P1X 1. ANY MECHANICAL OR ELECTRICAL ITEMS SHOWN ARE FOR COORDINATION PURPOSES ONLY --- REF MEP DRAWINGS. MEP COMPONENTS SHALL BE PRECISELY CENTERED AS SHOWN ON RCPs. 2. FIRE SPRINKLER DESIGN IS DESIGN-BUILD BY CONTRACTOR. RECESSED SPRINKLER HEADS SHALL BE PROVIDED THROUGHOUT THE PROJECT, EXCEPT AT BACK-OF-HOUSE LOCATIONS. PROVIDE WHITE CAPS WITHIN GWB CEILINGS AND BLACK OR BROWN CAPS WITHIN WOOD CEILINGS OR WOOD BEAMS. 3. ALL CASED OR WRAPPED OPENINGS 7'-0" AFF, UNLESS NOTED OTHERWISE. 4. ALL CEILING HEIGHTS INDICATED IN (PARENTHESES) ARE APPROXIMATE AND ARE TO BOTTOM OF STRUCTURE. 5. LIGHTS SHALL BE PRECISELY CENTERED WITHIN ROOMS, ON WALLS, OR IN SOFFITS UNLESS NOTED OHERWISE. 6. FOR BEAMS AND BOXED BEAMS INDICATED ON RCPs WIDTH LISTED FIRST, FOLLOWED BY DEPTH: 8X10 EQUALS 8-INCH WIDE BEAM BY 10 INCHES DEEP, NOMINAL. REFER TO SHEET A5.90 FOR BOXED BEAM DETAILS. 7. NOTIFY ARCHITECT OF ANY MEP AND STRUCTURAL CONFLICTS. 8. ACCESS PANELS TO BE CENTERED WINTHIN SPACES UNLESS OTHERWISE SHOWN. RCP SHEET GENERAL NOTES 12 13 14 15 M K G ENTRY 100 KITCHEN 104 LIVING ROOM 102 DINING 103 BEDROOM 2 109 PRIMARY BATH 107 PRIMARY BEDROOM 106 LAUNDRY 112 (9'-6" x 6'-0") (13'-5" x 12'-4") (7'-10" x 5'-5") (9'-4" x 12'-4") (12'-2" x 16'-2")(5'-10" x 12'-0") (12'-1" x 15'-9") (11'-9" x 15'-9") (12'-10" x 20'-7") CLO 2 108 PRIMARY CLOSET 105 107A 107B 106A 105A 109A 110B 110A 112A COATS 101 POWDER 111 BATH 2 110 (7'-10" x 5'-5") 108A 111A 101A STAIR 113 DECK P2 P2 P2 P2 P2 P2 P2 P2 P9A P2 P2 P2 P2 12 13 14 15 M KG PRIMARYBEDROOM106 PRIMARYCLOSET105PRIMARYBATH107CLO 2108 BEDROOM 2109 BATH 2110 POWDER111 LAUNDRY112 ENTRY100 COATS101LIVING ROOM102DINING103KITCHEN104+ 9' - 6" AFFFLAT CLG + 9' - 0" AFFFLAT CLG + 9' - 0" AFFFLAT CLG+ 8' - 6" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 9' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG STAIR113+ 8' - 6" AFFFLAT CLG OPEN TO ABOVE+ 8' - 6" AFFFLAT CLG TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:42 PMA1.21 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT0' 1' 2' 4'8' SCALE: 1/4" = 1'-0" TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEA L 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:42 PMA1.21 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTNo. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET (4 BR EAST PENTHOUSE - MAIN LEVEL) (4 BR EAST PENTHOUSE - MAIN LEVEL) 1/4" = 1'-0"A1.21 1 FLOOR PLAN - UNIT 502 - MAIN LEVEL 1/4" = 1'-0"A1.21 2 REFLECTED CEILING PLAN - UNIT 502 - MAIN LEVEL UNIT PLAN SHEET GENERAL NOTES1. REFER TO SHEET A0.01 FOR PROJECT DIRECTORY, GENERAL NOTES, DATUM REFERENCE, GRAPHIC SYMBOLS, AND ABBREVIATIONS.2. REFER TO SHEET A5.60 FOR DOOR SCHEDULES FOR ALL INTERIOR UNIT DOORS. REFER TO OVERALL FLOOR PLANS FOR DOOR SCHEDULES FOR ALL UNIT ENTRY DOORS, EXTERIOR DOORS AND CORRIDOR DOORS.(REFER TO SHEET A5.6X FOR DOOR DETAILS).3. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE (REFER TO SHEET A5.20). 4. REFERENCE OVERALL FLOOR PLANS FOR ALL EXTERIOR WALL, UNIT DEMISING WALL AND INTERIOR SHAFT WALL ASSEMBLIES. 5. ALL FLOOR / CEILING ASSEMBLIES TYPES ARE NOTED ON OVERALL PLANS (REFER TO SHEET A5.21).6. REFER TO SHEET A5.7X FOR WINDOW DETAILS AND ACCESS DOOR DETAILS.7. REFERENCE ID DRAWINGS FOR INTERIOR ELEVATIONS AND ENLARGED INTERIOR PLANS.8. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE.9. PROVIDE BLOCKING FOR FUTURE GRAB BARS PER ANSI 117.1 REQUIREMENTS IN BATHROOMS ON SHEET A5.XX.10. DRAWING REVISIONS ARE INDICATED BY .11. ALL ANGLES ARE 45° OR 90° UNLESS NOTED OTHERWISE.12. INTERIOR WALL DIMENSIONS ARE TO CENTER OF STUD AND CENTER OF GRID. EXTERIOR, DEMISING, CHASE, AND CORRIDOR WALL DIMENSIONS ARE TAKEN TO FACE OF NAKED STUD, UNLESS NOTED OTHERWISE.P1X 12 13 14 15 M 16 K G CLOSET 4 205 LOW STORAGE 207 OPEN TO BELOW 205A204A 201C 202A 207A BATH 4 204 BEDROOM 4 206 BEDROOM 3 202 CLO 3 203 BATH 3 201 FAMILY ROOM 200 (6'-2" x 15'-2") (8'-5" x 7'-7") (12'-2" x 16'-1") (4'-11" x 7'-1") (13'-8" x 15'-2")(6'-4" x 15'-2") (16'-8" x 15'-2") 204B 203A 201B 201A STAIR 215 LOFT 208 200A P2 P2 P2 P2 P2 P2 P9A P2 P2 P2 P2 BARN DOOR 206A 12 13 14 15KGBATH 4204 CLOSET 4205CLO 3203 BEDROOM 3202 BATH 3201 FAMILY ROOM200BEDROOM 4206+ 8' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG + 9' - 0" AFFFLAT CLG + 8' - 0" AFFFLAT CLG + 8' - 6" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG+ 8' - 0" AFFFLAT CLG STAIR215 LOFT2082:12B/O STRUCTURE6:12B/O STRUCTURE 6:12B/O STRUCTURE1. ANY MECHANICAL OR ELECTRICAL ITEMS SHOWN ARE FOR COORDINATION PURPOSES ONLY --- REF MEP DRAWINGS. MEP COMPONENTS SHALL BE PRECISELY CENTERED AS SHOWN ON RCPs. 2. FIRE SPRINKLER DESIGN IS DESIGN-BUILD BY CONTRACTOR. RECESSED SPRINKLER HEADS SHALL BE PROVIDED THROUGHOUT THE PROJECT, EXCEPT AT BACK-OF-HOUSE LOCATIONS. PROVIDE WHITE CAPS WITHIN GWB CEILINGS AND BLACK OR BROWN CAPS WITHIN WOOD CEILINGS OR WOOD BEAMS. 3. ALL CASED OR WRAPPED OPENINGS 7'-0" AFF, UNLESS NOTED OTHERWISE. 4. ALL CEILING HEIGHTS INDICATED IN (PARENTHESES) ARE APPROXIMATE AND ARE TO BOTTOM OF STRUCTURE. 5. LIGHTS SHALL BE PRECISELY CENTERED WITHIN ROOMS, ON WALLS, OR IN SOFFITS UNLESS NOTED OHERWISE. 6. FOR BEAMS AND BOXED BEAMS INDICATED ON RCPs WIDTH LISTED FIRST, FOLLOWED BY DEPTH: 8X10 EQUALS 8-INCH WIDE BEAM BY 10 INCHES DEEP, NOMINAL. REFER TO SHEET A5.90 FOR BOXED BEAM DETAILS. 7. NOTIFY ARCHITECT OF ANY MEP AND STRUCTURAL CONFLICTS. 8. ACCESS PANELS TO BE CENTERED WINTHIN SPACES UNLESS OTHERWISE SHOWN. RCP SHEET GENERAL NOTES TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:43 PMA1.22 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT0' 1' 2' 4'8' SCALE: 1/4" = 1'-0" 1/4" = 1'-0"A1.22 1 FLOOR PLAN - UNIT 502 - UPPER LEVEL 1/4" = 1'-0"A1.22 2 REFLECTED CEILING PLAN - UNIT 502 - UPPER LEVEL TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:43 PMA1.22 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTTRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:43 PMA1.22 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANTTRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No. DATE ISSUE SEAL 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE - PLANNING - INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2021 by Zehren & Associates Inc.KEY PLAN AS SHOWN 3/9/2021 2:36:43 PMA1.22 20182642.10 12/30/2020 LH DK UNIT FLOOR PLANS / RCPSCONDOMINIUMSONE RIVERFRONTAVON, COLORADO970.927.5174KL&A ENGINEERS & BUILDERS, INC.BG BUILDINGWORKSALPINE ENGINEERING, INCB-G BUILDING WORKS970.926.3373DK 970.949.6108970.949.6108CIVIL CONSULTANTSTRUCTURAL CONSULTANTMECHANICAL CONSULTANTLIGHTING CONSULTANT(4 BR EAST PENTHOUSE - UPPER LEVEL) (4 BR EAST PENTHOUSE - UPPER LEVEL) No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET No. DATE COMMENT A 11/23/2020 SCHEMATIC DESIGN B 12/18/2020 PLANNING & ZONING C 2/26/2021 REVISED SD SET Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2704.06.2021ONE RIVERFRONT CONDOMINIUM BUILDING ELEVATIONS standing seam metal roof(berridge charcoal grey)nichiha “vintagewood”siding panelswood metal-clad windows(sierra pacific “aspen series”)composite shingles(timberline UHD)“santa fe thinstone”by berich 2-coat cementitiousstucco fiber cement panels(nichiha illumination series)metal panel(pewter clouds by moz designs)metal panel(pewter linen by moz designs) METAL PANEL METAL PANEL +189’-0” Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2804.06.2021ONE RIVERFRONT CONDOMINIUM BUILDING ELEVATIONS standing seam metal roof(berridge charcoal grey)nichiha “vintagewood”siding panelswood metal-clad windows(sierra pacific “aspen series”)composite shingles(timberline UHD)“santa fe thinstone”by berich 2-coat cementitiousstucco fiber cement panels(nichiha illumination series)metal panel(pewter clouds by moz designs)metal panel(pewter linen by moz designs) METAL PANEL +189’-0” Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 2904.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD AERIAL VIEW FROM NORTHEAST Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3004.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD VIEW FROM NORTHEAST Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3104.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD VIEW FROM NORTHWEST Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3204.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD AERIAL VIEW FROM SOUTHEAST Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3304.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD AERIAL VIEW FROM SOUTHWEST Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3404.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD RIVERFRONT VILLAGE PERSPECTIVES Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3504.06.2021ONE RIVERFRONT ONE RIVERFRONT NEIGHBORHOOD SOLAR ACCESS STUDY MARCH 21st (12:00pm) JUNE 21st (12:00pm) SEPTEMBER 21st (12:00pm) DECEMBER 21st (12:00pm)WESTIN HOTELRIV E R F R O N T L A N E WESTIN HOTELRIV E R F R O N T L A N EWESTIN HOTELRIV E R F R O N T L A N E WESTIN HOTELRIV E R F R O N T L A N E Attachment A Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3704.06.2021ONE RIVERFRONT TYPICAL CONDOMINIUM BUILDING DETAILS Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 3804.06.2021ONE RIVERFRONT TYPICAL CONDOMINIUM BUILDING DETAILS Attachment A © 2021 Zehren and Associates, Inc. east west partners PLANNING AND ZONING SUBMITTAL 04.06.2021ONE RIVERFRONT THANK YOU Attachment A LUMINAIRE SCHEDULE TYPE QTY DESCRIPTION MANUFACTURER CATALOG #SOURCE CCT LUMENS LLF WATTAGE HEIGHT FINISH NOTES EB1 24 3' AREA BOLLARD, SINGLE HEAD HESS LN950-LED-WW-UNV-A-SRA-BLK-DIM LED 3000K 568 1.0 33 40" ABOVE GRADE BLACK EB2 3 3' AREA BOLLARD, DOUBLE HEAD HESS LN950-LED-WW-UNV-B-SRA-BLK-DIM LED 3000K 1136 1.0 66 40" ABOVE GRADE BLACK ED1 6 EXTERIOR DOWNLIGHT NORA NIO-4RDC-30X-BB-10 LED 3000K 1000 1.0 14 VARIES 8-12' AFG TBD EH1 19 HANDRAIL INTEGRATED LED KILK USA LP-40-30K-A LED 3000K 145 1.0 2 3' ABOVE GRADE TBD EW1 11 UNIT PATIO SCONCE MAXIM 52120BK LED 3000K 880 1.0 15 VARIES TBD (1) EW2 13 TOWNHOME ENTRY SCONCE WAC LIGHTING WS-W15918-BK LED 3000K 1000 1.0 13 8' ABOVE GRADE TBD EW3 5 LODGE BUILDING SECONDARY ENTRIES SCONCE WAC LIGHTING WS-W15918-BK LED 3000K 1000 1.0 13 8' ABOVE GRADE TBD EW4 2 LODGE BUILDING MAIN ENTRY SCONCE GENERATION LIGHTING OL11603ORB-LED LED 3000K 5400 1.0 60 8' ABOVE GRADE TBD LOCATED COMPLETEY UNDER CANOPY EZ1 2 RECESSED STEPLIGHT PERFORMANCE LIGHTING 71920 LED 3000K 162 1.0 4 2' ABOVE GRADE TBD SCHEUDLE NOTES ALL FIXTURES ARE FULL CUTOFF AND DARK SKY COMPLIANT. BACK SIDE SHIELDING IS PROVIDED WHERE APPROPRIATE. (1) EW1 FIXTURES LOCATED ON UPPER LEVEL PATIOS ARE FULLY CUTOFF BY THE PATIO FLOOR SLAB AND DO NOT CONTRIBUTE TO LIGHTING ON THE SITE AND ARE NOT INCLUDED ON PLAN ED1 ED1 ED1 ED1 ED1 ED1 EB1 EB1 EB1 EB1 EB1 EW3 EW3 EW4 EW4 EW3 EW3 EB1 EB1 EB1 EB1 EB1 EB1 EB1 EB1 EW1EW2 EXISTING POLE LIGHT, NOT WITHIN PROJECT PROPERTY ISS. #DESCRIPTION DATE SUB. DATE INNOVATE LIGHTING CONSULTANTS 1045 Santa Fe Dr, Denver, CO 80204 720-248-8208 12/17/2020 4:45:15 PMEL1 SITE LIGHTING PLAN ONE RIVERFRONT12.18.2020PLANNING AND ZONING SUBMITTAL3/32" = 1'-0"1 SITE LIGHTING PLAN AREA A Attachment B ISS. #DESCRIPTION DATE SUB. DATE INNOVATE LIGHTING CONSULTANTS 1045 Santa Fe Dr, Denver, CO 80204 720-248-8208 12/17/2020 4:45:16 PMEL3 LIGHTING CUTSHEETS ONE RIVERFRONT12.18.2020PLANNING AND ZONING SUBMITTALTYPE EB1 & EB2 TYPE ED1 TYPE EH1 TYPE EW1 TYPE EW2 & EW3 TYPE EW4 TYPE EZ1 Attachment B RIVERFRONT VILLAGEPUD TRACKING SHEET3/15/2021ONE RIVERFRONT THs AND CONDOSWestinTimeshare WestLodgeTownhomes Residences ResidencesLot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7 TOTALPUDREMAINDERMaximum Commercial GLFA1,200 26,088 5,340 - - - - 32,628 40,000 7,372 Minimum Commercial GLFA1,200 26,088 5,340 - - - - 32,628 20,000 12,628 Dwelling Units53 132 52 36 19 2 2 296 456 160 Meeting Space Minimum- 4,328 - - - - - 4,328 3,000 1,328 Site Coverage (acres)0.654 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 C Attachment D Attachment D Attachment D Attachment D (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: Community Survey Work Session DATE: May 3, 2021 SUMMARY: The Town of Avon is conducting a community survey to gauge citizen and business opinion regarding services, activities, and policy direction of the Town. Engage.Avon.org, the Town’s new Community Engagement platform will be used to design and issue the survey. SURVEY INSTRUMENT: A revised draft of the survey has been uploaded to Engage.Avon.org. The revised survey incorporates Council feedback from the first draft presented on April 27th. A summary of that feedback is included below: • A policy question was added about what goods & services people would like to see in Avon • A question was added about dog parks • ‘Seasonal Worker’ was added as a demographic option • A ‘No Change’ option was added to the Railroad policy question • Question order changed to shift policy and policing questions to the top of survey • Special Events questions paired down; section moved to bottom • Avoid “wish list” questions without price tags • Add “Do Not Know/No Opinion” option on 1 – 5 scale of satisfaction • A question about appropriate use of force was added to the Police Department section • A question about porta-potties was added to the Harry A. Nottingham Park section • Pedestrian/Bike safety question was changed to add car/bike/pedestrian hot spots like roundabouts The survey currently asks 58 questions. The following questions were NOT added: • Library question: The library just initiated their own valley-wide survey which included the Avon branch. We can access those results for information on library services. • Reason to Rent/Buy in Avon: This question was not added because we thought it too similar and redundant with question 6 that asks “What do you like best about Avon?” Following the April 27th work session, a revised draft was uploaded to Engage Avon and circulated to a small focus group for testing from May 3rd to May 7th. The focus group included residents, business owners, Avon workforce, members of Town committees and community stakeholders and provided the opportunity to complete the survey and offer feedback. As of the writing of this report, staff has begun to organize focus group feedback. A summary of the focus group feedback will be emailed to Council by the end of business day on Monday, May 10th. Feedback from this work session will be incorporated into the survey to create a final draft. The final survey is scheduled to launch on May 17th and will be live until June 21, 2021. Page 2 of 2 SCHEDULE: A timeline for completion of the 2021 Town of Avon Community Survey is provided below: • 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 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. To incentivize the survey, Town staff is working with a local retailer to purchase an e-bike as a grand prize. Other smaller prizes will be issued, including Avon Recreation Center punch cards, Avon t-shirts and sweatshirts, and gift cards to local businesses. REQUESTED COUNCIL DIRECTION: In addition to overall feedback about the draft, Council direction and input is desired on the whether to make any questions mandatory. As it stands, the only required questions are the name/physical property/email address to make participants eligible to win a prize. Thank you, Liz 970-748-4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: Resolution 21-11: Pause on New Oil & Gas Leasing DATE: May 5, 2021 SUMMARY: Resolution 21-11 declares the Town of Avon’s support of President Biden’s Pause on New Oil & Gas Leasing on Federal Public Lands. BACKGROUND: The Mountain Pact is encouraging city/town councils and county commissions to join other communities in the Mountain Pact Network and consider passing a resolution that expresses support for President Biden’s executive order that temporarily pauses new oil and gas leasing on federal public lands so the process may be reviewed. Here are the communities in The Mountain Pact network who have passed the oil and gas resolution (or a version of it) so far: •Basalt, Colorado •Ridgway, Colorado •San Miguel County, Colorado •Pitkin County, Colorado •Leavenworth, Washington •Santa Fe County, New Mexico •More to come More background information on the Oil & Gas Pause Resolution was provided by Anna Peterson with the Mountain Pact Network and has been enclosed as attachment A. PROPOSED MOTION: “I move to approve Resolution 21-11 thereby declaring the Town of Avon’s support of President Biden’s Pause on New Oil & Gas Leasing on Federal Public Lands.” Thank you, Ineke ATTACHMENTS: Attachment A: Oil and Gas Pause Resolution Background Attachment B: Resolution 21-11. Oil and Gas Pause Resolution Background President Biden’s Executive Order - January 27, 2021 Temporary Pause on New Oil & Gas Leasing on U.S. Federal Public Lands Public lands are the backbone of our Western mountain communities and vital for our way of life. Over the last year as the country has navigated COVID, residents and visitors are finding solace in the outdoors more than ever before. We are thrilled with the Biden administration’s forward looking executive orders that will result in bold climate action and protection for our public lands. These actions will help boost the economy as we recover from the impacts of COVID-19 and will move us towards a more sustainable future. The pause on new oil and gas leasing on federal public lands was one section out of three in President Biden’s executive order on January 27, 2021. By pausing oil and gas leasing for the first time in 40 years, the Biden Administration rightly recognized the federal oil and gas leasing program is fundamentally broken and must be overhauled to address the climate crisis, generate a fair return for taxpayers, respect local landowners, and support communities in the inevitable transition away from fossil fuels. Please see below for more background on why we encourage your County/City/Town Commission/Council to adopt a resolution showing support for this pause. Oil and Gas Leasing Pause HITTING PAUSE ON NEW OIL AND GAS LEASING (From the Department of Interior Fact Sheet) - “The Executive Order will direct the Department of the Interior to pause new oil and natural gas leasing on public lands and offshore waters, concurrent with a comprehensive review of the federal oil and gas program. The targeted pause does not impact existing operations or permits for valid, existing leases, which are continuing to be reviewed and approved. The order does not restrict energy activities on private or state lands, or lands that the United States holds in trust or restricted status for Tribes or individual Indians. The President’s action will provide a chance to review the federal oil and gas program to ensure that it serves the public interest and to restore balance on America’s public lands and waters to benefit current and future generations. Fossil fuel extraction on public lands accounts for nearly a quarter of all U.S. greenhouse gas emissions. Irresponsible leasing of public lands and waters impacts communities’ access to clean air, clean water, and outdoor recreation; carves up important wildlife habitat; and threatens cultural and sacred sites. Multiple bills in Congress have been introduced in recent years to reform the outdated program, including those to better ensure the public is not shut out of land management and leasing decisions; to address the mounting cleanup and remediation costs of orphan wells scattered across the country; and to provide a fair return to taxpayers for the use of their resources.” ATTACHMENT A Why Is This Pause Necessary? •Under our current system, oil and gas companies nominate public lands they want to drill, purchase oil and gas leases at obscenely low rates, easily obtain drilling permits, and pay taxpayers low and outdated royalty rates, depriving governments of much-needed revenue. •Onshore, of the more than 26 million acres under lease to the oil and gas industry, nearly 13.9 million (or 53%) of those acres are unused and non-producing. •The Trump administration conducted a fire sale of public lands and waters, offering more than 25 million acres onshore during the past four years, 5.6 million of which were purchased. •This pause does not affect current drilling or previously approved permits. If a project has been permitted but not started, the company is still free to move forward. The Associated Press reported that companies stockpiled thousands of permits at the end of Donald Trump’s presidency to allow drilling for several years. •A review of this nature is not unprecedented; similar reviews have occurred for the federal oil, gas, and coal programs in the 1970s and 1980s. •Fossil fuel production on public lands causes about a quarter of U.S. greenhouse gas pollution. •When companies go bankrupt and orphan their wells -- which is happening with great frequency right now -- taxpayers are left on the hook to clean up their mess and deal with contaminated drinking water, polluted air, and threatens wildlife habitat. •The Land and Water Conservation Fund would not be impacted by preventing new offshore drilling. Federal energy revenues total about $7 billion and current production revenues, without opening new areas to leasing, fully cover LWCF's $900 million annual deposits with an additional $3 billion a year remaining in the Treasury General Account. •As this is a pause on new leases, community projects funded with royalties won’t be impacted. Education funding should not be subject to the boom and bust cycles of the oil and gas industry. We need to diversify our economy, transition away from the boom and bust cycles of fossil fuels, and invest in good paying clean energy jobs of the future. SEE MORE INFORMATION HERE Res 21-11 Support of President Biden’s Pause on New Oil & Gas Leasing on Federal Lands Page 1 of 2 RESOLUTION 21-11 A RESOLUTION IN SUPPORT OF PRESIDENT BIDEN’S PAUSE ON NEW OIL AND GAS LEASING ON FEDERAL PUBLIC LANDS WHEREAS, our vast network of federal public lands offers abundant natural beauty, a wealth of natural resources, a vital economic engine for local communities, and a sought after unique quality of life for residents of communities adjacent to them; and WHEREAS, it’s critical that our public lands and waters are managed responsibly and sustainably so they can remain open and accessible to present and future generations; and WHEREAS, we support the legal requirement that our federal lands be managed under the ‘multiple use’ standard to best meet the present and future needs of the American people; and believe that the federal land management policies should be developed with input from local communities and public land users, and incorporate the best available science; and WHEREAS, federal public land policy should ensure that the companies extracting natural resources provide a fair return to federal and state taxpayers while also protecting wildlife and providing the opportunity for the development of sustainable economic non-extractive activity such as outdoor recreation; and WHEREAS, our state is experiencing the devastating impacts of a warming climate including severe heat and drought, which are making wildfires more frequent and extreme; an increase in emissions of methane, a powerful greenhouse gas emitted on our public lands; extremes in precipitation; and dust on snow, which causes snowfall to evaporate prematurely; and WHEREAS, one-quarter of the country’s greenhouse gas emissions come from fossil fuel activity on public lands; and WHEREAS, in 2018 pollution caused by the burning of fossil fuels caused 8.7 million or one in five deaths globally; and WHEREAS, as elected leaders, it is our responsibility to take and support prudent and pragmatic steps to reverse climate change and mitigate its devastating impacts by reducing the amount of greenhouse gases and other forms of pollution that contribute to climate change, NOW THEREFORE, be it resolved by the Avon Town Council, that we applaud the Biden administration’s executive order that temporarily pauses new oil and gas leasing on federal public lands and encourage the administration to: a. Modernize the federal oil and gas leasing program to ensure the oil and gas companies that hold leases and extract natural resources provide a fair return to federal and state taxpayers; and ATTACHMENT B Res 21-11 Support of President Biden’s Pause on New Oil & Gas Leasing on Federal Lands Page 2 of 2 b. Develop a plan to phase out the production of fossil fuels, which are a major contributor to climate change, in a way that also supports the workers, communities, and states that currently have fossil fuel dependent economies. ADOPTED this 11th day of May 2021. AVON TOWN COUNCIL By: ______________________________ Attest: ________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Public Hearing for Outdoor Use of Amplified Sound Permit Application DATE: May 4, 2021 SUMMARY: The Town Council is asked to consider approving an Amplified Sound Permit on the Main Street Mall for Pop-Up Music with single performers and/or two or three person bands performing lightly amplified and/or acoustic music. Avon’s Pop-Up Music will be approximately a 90 to 120-minute set between the hours of 12:00 p.m. and 5:00 p.m. on any or all the dates listed below: • June 26 • July 10, 17, 24, 31 • August 7,14,21,28 • September 4 BACKGROUND: A public hearing is required for Outdoor Use of Amplified Sound for events that will be using amplified sound systems on the Main Street Mall (Avon Municipal Code Chapter 5.24.030). The proposed start time for Avon Pop-Up Music will be between 12:00 p.m. and 3:00 p.m. and the proposed end time is no later than 5:00 p.m. The Sound Location and Projection Map provides various location from which sound amplification can originate from to provide the desired experience. The exact location will be determined once the type, style, and genre of musicians for each event date are selected. For example, Location A may be most appropriate for lightly amplified music while Location B may be more appropriate for acoustic and/or strings ensemble – see Exhibit A. The applicant states there will be no more than 90db (decibels) which is like an average personal stereo – see Exhibit B. A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on Thursday, May 6, 2021. Information for Issuing Amplified Sound Permits: The Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the following: 1. Comments by the public. 2. Necessity of the permit for the cultural, historical, or social benefit of the community. 3. Proximity of the proposed location to residential neighborhoods. 4. Proposed direction of sound projection. 5. Screening of sound from neighboring properties. 6. Compatibility with other uses and activities in the vicinity. Page 2 of 5 RECOMMENDATION: I recommend approval of the Outdoor Use of Amplified Sound Application to support the social benefit of the community providing an opportunity to gather in small groups and enjoy a summer evening in Avon on the Main Street Mall. OPTIONS: The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. PROPOSED MOTION: I move to approve the Outdoor Use of Amplified Sound Application for the Avon Pop Up Music performances the Main Street Mall. . Thank you, Danita ATTACHMENTS: Exhibit A – Sound Location and Projection Map Exhibit B – Decibel Level Chart Exhibit C – Outdoor Use of Amplified Sound Permit Application Page 3 of 5 EXHIBIT A Page 4 of 5 EXHIBIT B 1 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems PERMIT APPLICATION FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM 1.NAME OF APPLICANT:________________________________________________________________ 2.REPRESENTING BUSINESS/ORGANIZATION :_________________________________________________ ADDRESS AND/OR MAILING ADDRESS: _________________________________________________________________________________ 3.ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED:______________________________ _________________________________________________________________________________ 4.TELEPHONE NUMBER: _____________________ 5.EMAIL ADDRESS: _________________________ 6.PURPOSE FOR OUTDOOR USE OF SOUND AMPLIFICATION SYSTEM: ____________________________________ _______________________________________________________________________________ DATE/S OF PROPOSED USE: _________________ TIME/S OF PROPOSED USE: __________________ 7.ATTACH A MAP OR DIAGRAM DEPICTING THE PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT, DIRECTION OF SOUND PROJECTION AND POTENTIAL SOUND PROJECTION DISTANCE. 8.DESCRIPTION OF SOUND AMPLIFYING EQUIPMENT:______________________________________________ SIGNATURE OF APPLICANT DATE THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURES BELOW. THE APPLICANT MUST COMPLY WITH CHAPTER 5.24 OF THE AVON MUNICIPAL CODE AS OUTLINED ON THE BACK OF THIS APPLICATION. ________________________________________ ___________________________________ TOWN CLERK DATE _______________________________________ ___________________________________ SPECIAL EVENTS STAFF DATE _______________________________________ ___________________________________ AVON POLICE CHIEF OR DESIGNEE DATE Danita Dempsey Town of Avon P.O. Box 975, Avon, CO 81620 Main Street Mall 970-748-4065 ddempsey@avon.org To accommodate Avon's Pop Up Music Series in the months of June, July, August and September June 27; July 10,17,24,31; August 7,14,21,28 and Sept. 4 Between 12:00 and 5:00 p.m. Small public address system 5/4/2021 EXHIBIT C 2 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems PROCEDURES FOR PERMIT APPLICATION FOR OUTDOOR USE OF AMPLIFIED SOUND EQUIPMENT AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF (Ordinance No. 15-07) BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 5.24 as follows: 5.24.010 Amplified Sound Permit Required a.These regulations concerning amplified sound systems are adopted to prevent noise nuisance in the Town of Avon while allowing for amplified sound for public and private events, establish minimum standards for the permitting of amplified sound, and adopt procedures for public notification and input for certain categories of amplified sound. These regulations shall be interpreted and applied so as not to infringe upon the reasonable constitutional rights of free speech and right of assembly b.The following activities and uses of amplified sound shall not require an Amplified Sound Permit: i.Amplified sound related to any governmental emergency building, vehicle or response activity; ii.Use of amplified sound by an officer, employee or agent of any local, state or federal government; iii.In Nottingham Park, including the Avon Performance Pavilion, for the Salute to the USA held on July 3 of each year; and, iv.Small low wattage personal sound amplification devices that do not disturb others. c.Unless expressly exempt as set forth in Sub-Section (b) above, an Amplified Sound Permit shall be required and shall be obtained prior to the use and operation of amplified sound outdoors in the Town of Avon, including use and operation of a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck or other mobile vehicle or equipment. d.It is unlawful for any person to use or operate amplified sound outdoors in the Town without an Amplified Sound Permit when and Amplified Sound Permit is required. 5.24.020 Administrative Approval a.The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified sound use at following locations and times: i.In Nottingham Park, including the Avon Performance Pavilion, on Sunday through Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the hours of 9:00 a.m. and 10:00 p.m. ii.In any non-commercial zone (including any planned unit development area allowing non- commercial use, but not including Town properties, park and the Main Street Mall) between the hours of 9:00 a.m. and 8:00 p.m. iii.In any commercial zone (including any planned unit development area allowing commercial, but not including Town properties, park and the Main Street Mall) between the hours of 8:00 a.m. and 10:00 p.m. 3 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems b.No public hearing shall be required prior to review and approval of an administrative approval of an Amplified Sound Permit. The Town Manager may elect to solicit public comments or may refer an Amplified Sound Permit application to the Avon Town Council to be considered after conduction a public hearing in accordance with Section 5.24.030 below. c.Any outdoor use of amplified sound outside the hours and in the locations established in this Section shall require review and approval by the Avon Town Council. d.An applicant for an Amplified Sound Permit can appeal the decision of the Town Manager to the Avon Town Council. An appeal must be submitted by an applicant in writing to the Town Clerk within fourteen (14) days the date of the decision by the Town Manager. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter time frame and a different notification method. The Town Council shall review an appealed Amplified Sound Permit application de novo. 5.24.030 Town Council Approval a.Any Amplified Sound Permit application that is not subject to administrative approval or that is referred by the Town Manager to the Town Council shall be subject to review and approval by Town Council after conducting a public hearing. b.A public hearing for an Amplified Sound Permit shall be posed and published at least six (6) days in advance of the public hearing on the Town’s website; in a newspaper of general circulation in Avon; at the Avon Town Hall, Avon Library and Avon Recreation Centers; and, with regards to an Amplified Sound Permit on the Main Street Mall, posted at the proposed location of the amplified sound. 5.24.040 Amplified Sound Permit Applications a.An application for an Amplified Sound Permits shall be submitted to the Town Manager on forms established by the Town Manager, which shall include the minimum information set for the in this Section 5.24.040 and which shall include an application fee determined by the Town Manager not to exceed $100.00. b.Name, physical address, mailing address and email address, phone number. c.Proposed location for the amplified sound event(s). d.Proposed dates and times for the amplified sound events(s). e.Map or diagram depicting the location of the sound amplifying equipment, proposed direction of sound projection, and potential sound projection distance. f.Description of sound amplifying equipment g.Description of any sound screening or other measures to mitigate the adverse impacts of amplified sound. h.Description of event and purpose of sound amplification. i.Amplified Sound Permit applications shall be submitted at least sixty (60) days prior to the proposed events(s) using outdoor amplified sound provided that the Town may waive or reduce this minimum application submittal deadline at the Town’s sole discretion. 5.24.050 Amplified Sound Permit Applications - Amplified Sound Permit applications shall be evaluated according to the following review criteria: 4 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems a.Whether the proposed amplified sound, date, time and associated event is compatible with other uses and activities in the vicinity. b.Whether the potential adverse impacts of the sound and noise generated upon the community and surrounding neighborhood are unreasonable for if the negative impacts exceed the potential benefits to the community of permitting the event. c.The approving person or body may prescribe any conditions, limitations, requirements or mitigation deemed necessary to minimize the potential adverse impacts on the community and/or surrounding neighborhood; which include but are not limited to: limiting the time and/or duration of amplified sound, determining the direction of the amplified sound, and requiring sound screening. d.Amplified Sound Permits may be granted for a specific event, which shall include designation of the date or dates of the event, or may be granted for re-occurring events provided that such approval shall not exceed duration of one year. e.Amplified Sound Permits shall be subject to suspension and revocation for any violation of the terms and conditions set forth in the Amplified Sound Permit. The Town Manager may summarily suspend an Amplified Sound Permit based upon a preponderance of evidence that the terms and conditions of the Amplified Sound Permit have been violated and shall refer the permit to the Town Council for a public hearing and consideration of revocation. The Town Manager may refer an Amplified Sound Permit to the Town Council for a hearing and consideration of revocation based upon probable cause that the terms and conditions of the Amplified Sound Permit have been violated. At least three (3) days written notice shall be provided to the Amplified Sound Permit holder prior to the hearing, which notice may be emailed to the email address provided in the permit application and which notices shall state the nature of the violation of the terms and conditions. 5.24.060 Penalty Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted shall be subject to the penalties contained in Chapter 1.09 of this Code. 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Public Hearing for Outdoor Use of Amplified Sound Permit Application DATE: May 4, 2021 SUMMARY: The Town Council is asked to consider approving an Amplified Sound Permit on the Main Street Mall for Possibilities in Avon: Weekly Art Expo with single performers and/or two or three person bands performing lightly amplified and/or acoustic music. I anticipate Possibilities in Avon: Weekly Art Expo to be on 90 to 120 minutes set between the hours of 11:00 a.m. and 4:00 p.m. on any or all the dates listed below: • June 23 and 30 • July 7, 14, 21, 28 • August 4, 11, 18, 25 • September 1 BACKGROUND: A public hearing is required for Outdoor Use of Amplified Sound for events that will be using amplified sound systems on the Main Street Mall (Avon Municipal Code Chapter 5.24.030). The proposed start time for Possibilities in Avon: Weekly Art Expo is approximately 11:00 a.m. and proposed end time is 4:00 p.m. The Sound Location and Projection Map provides various location from which sound amplification can originate from to provide the desired experience. The exact location will be determined once the type, style and genre of musicians for each event date are selected. For example, Location A may be most appropriate for lightly amplified music while Location B may be more appropriate for acoustic and/or strings ensemble – see Exhibit A The applicant states there will be no more than 90db (decibels) which is like an average personal stereo – see Exhibit B. A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on Thursday, May 6, 2021. Information for Issuing Amplified Sound Permits: The Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the following: 1. Comments by the public. 2. Necessity of the permit for the cultural, historical or social benefit of the community. 3. Proximity of the proposed location to residential neighborhoods. 4. Proposed direction of sound projection. 5. Screening of sound from neighboring properties. 6. Compatibility with other uses and activities in the vicinity. RECOMMENDATION: I recommend approval of the Outdoor Use of Amplified Sound Application to Page 2 of 4 support the social benefit of the community providing an opportunity to gather in small groups and enjoy a summer evening in Avon on the Main Street Mall. OPTIONS: The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. PROPOSED MOTION: I move to approve the Outdoor Use of Amplified Sound Application for the Avon Art Expo performances the Main Street Mall. . Thank you, Danita ATTACHMENTS: Exhibit A – Sound Location and Projection Map Exhibit B – Decibel Level Chart Exhibit C – Outdoor Use of Amplified Sound Permit Application Page 3 of 4 EXHIBIT A Page 4 of 4 EXHIBIT B EXHIBIT C (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Mobility Director, RE: No Parking on W. Beaver Creek Blvd Implementation Plan DATE: May 4, 2021 SUMMARY: On April 27, 2021, Avon Town Council approved to discontinue on-street parking on W. Beaver Creek Blvd due to safety concerns. Early messaging and signage will be required to notify the public of the change and provide parking alternatives. Adding another access point to turn the parking lot into a drive-thru is not recommended. The grade difference will make the improvement very costly and may encourage speeding through the parking lot. The cost to implement the change is estimated at $24,000. NO PARKING ON W. BEAVER CREEK BLVD IMPLEMENTATION PLAN: 1. Begin advertising “No Parking on W. BC Blvd” and” Available parking at Lake Street, the Old Town Hall site, and Avon Elementary” on VMS signs. Add a welcoming sign with parking information. 2. Change the south parking spaces to drop-off only (8 drop-off only spaces and 2 handicap spaces) 3. Public Works will install “No Parking” signs per the below plan. 4. Avon Police will hire an additional Code Response Officer. FINANCIAL CONSIDERATIONS: 1) Installation of Signs: $7,000 2) Code Response Officer: $17,000 (16 weeks) RECOMMENDATION: I recommend implementing the plan at a cost of $24,000. Thank you, Eva 970.748.4059 jcurutchet@avon.org TO: Honorable Mayor Sarah Smith Hymes and Council Members FROM: John Curutchet, Recreation Director and Eric Heil, Town Manager RE: Nottingham Beach SUP and Boat Rental Operations DATE: May 5, 2021 SUMMARY: This report provides an overview of activity at Nottingham Beach and my perspective on continuing rental operations from the north side of Nottingham Lake. The Town of Avon Recreation Department opened Nottingham Beach May of 2014. The beach and rental operations have increased in popularity each year and has grown into a popular local’s spot as well as a destination for visitors. This past summer we experienced a significant increase in residents and visitors enjoying the beach due in part to increased demand for outdoor gathering areas caused by the COVID-19 pandemic and the change to Avon’s alcohol policy to permit the general public to bring their own alcohol to Nottingham Park. This unique and special amenity that the Town offer s, draws many Eagle County residents to Avon, and is an important attraction for visitors to Avon’s lodging. Town Council hosted a work session Fall of 2020 to discuss lake and beach operations, best utilization of the dock and best practice for offering SUP and Boat rentals. Javier Placer, Owner of SUP Colorado joined the session. Town Council commended Mr. Placer on his successful operations, thanked Javier for his partnership with the Town and assured him that the Town desires to keep the current partnership and operations unchanged. BACKGROUND: Summer of 2015, the Recreation Department transitioned from operating pedal boat rentals from Nottingham cabin to a partnership with a third-party stand-up paddle board rental company. SUP Colorado, Inc., conducted rental operations from the cabin in 2015. The net revenue for the Town from that model was $8,669. 2016 moved rental operations from the cabin to the beach, increasing net revenue to $15,725. Revenues and visitation continue to grow each summer from rental operations offered at the beach. Recreation Department report of rental revenue for the Town from beach opening in 2014 to end of summer operations 2020. YEAR EXPENSE: REVENUE: NET REVENUE 2014 Cabin $23,028 $27,028 $4,532 2015 Cabin $0 $8,669 $8,669 2016 Beach $0 $15,725 $15,725 2017 Beach $0 $22,618 $22,618 2018 Beach $0 $30,888 $30,888 2019 Beach $0 $30,799 $30,799 2020 Beach $0 $59,151 $59,141 970.748.4059 jcurutchet@avon.org ANALYSIS: The primary purpose of SUP and paddle boat rentals is to offer an amenity to the general public and not to generate revenue. The Avon Recreation Department requested SUP Colorado, Inc., to act as the operator as a convenience to the Town so that the Town did not have to staff, manage and oversee a rental operation. The benefit of the current location is the visibility and ease of accessibility. Families enjoying the beach are often enticed to rent a paddle boat or SUP board due the convenience (i.e. spontaneous rentals). The beach location is also beneficial for beginners. We learned in 2015 that beginners are challenged by launching from the rocky shoreline and from the height of the dock. Moving rental operations to the south side may negatively impact the SUP Colorado Inc., operations as well as reduce the amenity and convenience for beach users. It may result in a setback to SUP Colorado Inc., operations such that the Avon Recreation Department may be required to re-assume this operation to continue to offer the amenity. FINANCIAL CONSIDERATIONS: Moving boat and paddle board rentals to the south side and operating out of the cabin will likely result in some decrease revenues. The actual decrease is too speculative to predict. RECOMMENDATION: We recommend no changes be made to operations and location of the SUP Colorado Inc. location for 2021. After the 2021 summer season we expect a full review of summer operations and discussion of any desired changes and potential relocation of any activities, including the SUP Colorado Inc. rental operation. (970) 748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: AvonLIVE! Talent Agreement DATE: May 6, 2021 SUMMARY: The AvonLIVE! Talent Agreement is presented to Council for approval. This agreement addresses the talent acquisition and sound production costs for all AvonLIVE! shows this summer. The total amount of the Talent Agreement is $107,368. Town Council approval is required for any agreement or contract that is more than $100,000. BACKGROUND: On April 27th Town Council approved the 2021 Supplemental Budget Amendment which included additional funding for Special Events. This allowed Staff to develop the Talent Agreement with Peak Performances for talent acquisition and management of talent and all stage production. TERMS: This Talent Contract provides 50% payment upfront, which is necessary to provide available to cash to Peak Productions for required deposits on band bookings. Talent bookings are often dynamic and fast paced, so the availability of initial funds is required to secure opportunities for high quality talent. Paragraph 1.E. acknowledges the intention to continue similar contracts in 2022 and 2023 (which obligation is subject to annual budget and appropriation). Avon often negotiates three year contracts with re-occurring services and the conducts an RFP once every three years. Peak Production, Inc., has supported AvonLIVE! with talent booking since its inception. Avon’s Talent Agreements include a “Morality Clause” (Paragraph 6) which provide Avon the discretion to cancel talent who becomes subject to significant negative publicity due to acts of such talent. FINANCIAL CONSIDERATIONS: The 2021 Supplemental Budget Amendment includes an additional $368,356 for the Special Events Program. This included additional funding for AvonLIVE! and enhanced talent. RECOMMENDATION: I recommend approval of the Talent Agreement with Peak Performances, Inc. for AvonLIVE! PROPOSED MOTION : “I move to approve the Talent Agreement with Peak Performances, Inc. for the 2021 AvonLIVE! concert series.” Thank you, Danita ATTACHMENT: Talent Agreement with Peak Performances Inc. 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 1 of 14 TALENT AGREEMENT FOR THE 2021 AVONLIVE! CONCERT SERIES THIS AGREEMENT (“Agreement”) is made and entered into on May 11, 2021, by and between the Town of Avon (“Avon”), a Colorado home rule municipality, and Peak Performances Inc. (“Contractor”) (individually referred to as a “Party” and collectively referred to as the “Parties ”). In consideration of the mutual promises and agreements herein contained and for other good and valuable consideration, and on behalf of themselves, their successors and assigns, the parties hereto agree as follows: RECITALS WHEREAS, Avon is producing a series of nine (9) free concerts known as the AvonLIVE! concert series at the Avon Pavilion in Nottingham Park on Wednesday evenings; and, WHEREAS, Avon desires to hire Contractor to arrange for music talent and sound support for the 2021 AvonLIVE! concert series, 2021 (“Events”). NOW, THEREFORE, for good and valuable consideration, including the mutual promises contained herein, the sufficiency of which is acknowledged and accepted by the Parties, the Parties agree as follows: TERMS AND CONDITIONS: 1. Events. The Town of Avon is producing the AvonLIVE! concert series; therefore, no special event permit is required. A. The Premises for the Events as described in Exhibit A: Description of Premises. B. This Permit grants Contractor the right, and imposes the duty, to use the Premises as defined in this Agreement for the purpose of arranging live music performances for the Events, as is more specifically described in Exhibit B: Event Description , subject to compliance with the terms and conditions of this Agreement. The dates and hours of use of the Premises are described in Exhibit B: Events Description . C. The CASE Manager (“CASE Manager”) for the Town of Avon shall be the primary contact for the Town of Avon. All references to the CASE Manager in this Agreement may also include the CASE Manager’s designee(s). The CASE Manager has the authority to reduce any stated minimum timeframe for receipt of documents or Event plans. ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 2 of 14 D. Contractor shall provide to the CASE Manager the Contractor ’s chain of command prior to the first Event. E. Avon and Contractor desire to execute similar Talent Agreements for 2022 and 2023 with Contractor, which shall be subject to such terms and conditions as the parties may mutually agree. Notwithstanding the foregoing, neither party shall have a legal obligation to execute future Talent Agreements. The compensation for Talent Management shall be increased by up to 4% over the previous year in 2022 and 2023, respectively. 2. PREMISES INSPECTION & USAGE. A. Pre-Event Inspection. Contractor and the CASE Manager shall jointly perform and document a pre-event inspection of the Premises before the Premises are released to Contractor. Contractor, by attending the pre-event inspection, verifies that the Avon Performance Pavilion Technical Specifications, provided in the Contractor Toolkit, have been reviewed, are understood, and will be followed as presented. Avon shall ensure all facility components are in working order and fully operational, such as but not limited to power and lights. Contractor acknowledges and agrees that Avon is permitting Contractor to use the Premises, including the Avon Pavilion, in its “as is” condition and the Avon shall be under no obligation to replace, upgrade or otherwise modify the facilities. B. Premises Usage. The following guidelines shall be observed for usage of the Premises: (1) Contractor shall not install, place, inscribe, paint or otherwise attach and shall not permit any banner, sign, advertisement, notice, marquis, or awning on or within the Pavilion, without the prior review and consent of Avon in each instance. (2) Contractor shall, at its own expense, provide and maintain in first-class condition all permitted signs and shall, upon the expiration of this Agreement, at its own expense, remove all such permitted signs and repair any damage caused by such installation and/or removal. Avon shall have the right to remove all non-permitted signs without notice to Contractor, at the expense of the Contractor. (3) Contractor will respect and utilize Premises improvement locates and stakes shall not be driven into the ground along any pathways, athletic fields, parking lots or grassy areas with underground sprinkler systems without prior permission from the Town Manager. (4) Contractor shall not make alterations, additions or improvements on or to the Pavilion without the prior written consent of Avon, to include, but not limited to tenting, catering equipment and portable facilities. All such work shall be ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 3 of 14 performed in a good and workmanlike manner. (5) By order of the Eagle River Fire Protection District, Contractor will ensure that NO THEATRICAL SMOKE, without approval, is blown on the Pavilion and NO PYROTECHNICS OF ANY SORT are to be detonated. Decorative open flame, fire pits, patio style heaters and/or fire performers are only permissible if permitted through and approved by Eagle River Fire Protection District. Cooking of any sort by hot plate, open flame, grill, etc. is not allowed in the Green Room (including restroom). Water -based haze shall not be permitted without approval by Avon and Eagle River Fire Protection District. (6) To the extent licensed personnel, such as electricians, medical, emergency response or health official, are required to conduct certain services or inspections, Contractor shall abide by these local and State requirements. C. Post-Event Inspection . Contractor and the CASE Manager shall jointly perform and document a post-event inspection of the Premises before the Premises are returned to Avon. Contractor shall notify the CASE Manager of any problems or damage that may have occurred during an Event during the post-event inspection. Contractor shall be liable for any damage to the Premises and any adjacent Town Property caused by the installation or removal of any alteration, addition or improvement. Avon may take action to repair and restore any damage caused by Contractor and Contractor shall be liable for such costs, including reasonable attorneys’ fees and costs to enforce this Agreement. 3. AMPLIFIED SOUND. Contractor shall abide by the following requirements for amplified sound: A. Sound Checks: Sound Checks may occur within 4 hours of the start of the performance. B. Performance Times: Dates and times of all performances and/or announcements will be listed. C. Sound Volume: Contractor agrees the volume for any sound check and during performance times will be moderated to achieve the sound quality needed for the Events and shall be considerate of the surrounding neighborhoods. The sound volume levels will be monitored by Avon using professional grade decibel meter. The suggested levels are dB A weighted at 75 feet from the source and shall not exceed 105 dB A. The CASE Manager has the authority to require the volume to be reduced at any time during the Events. D. Sound Penalty: Contractor acknowledges and agrees that strict adherence to the sound check and performance times approved in the Sound Permit and are a material term of this Agreement. Contractor shall pay a penalty of one hundred dollars ($100.00) per minute for music, public address announcements, sound check, or any ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 4 of 14 other amplified sound that occurs before or after any time period in which amplified sound is permitted or which occurs after the CASE Manager has required the volume to be reduced. Contractor acknowledges and agrees to pay the sound penalty assessed, by not later than 5:00 p.m., three business (3) days after the day of the Event which the sound penalty occurred. Payment will be received prior to release of the Events final payment in accordance with Section 4.A.(3), if applicable. 4. AVON CASH AND SERVICES. A. Payment Schedule. $107,368.00 (“Funds”) was appropriated by the Avon Town Council to support the Events. Funds will be released as follows: (1) Fifty percent (50%) of Funds within thirty (30) days of execution of this Agreement by both Parties. (2) Forty percent (40%) of Funds after completion of the first three Events and on or before Friday, July 14, 2021. (3) Ten percent (10%) of Funds upon reconciliation and on or before thirty (30) days after the date of the last Event. B. Avon Services. Contractors obligations are limited to booking live music talent, meeting the needs and costs of the talent, and arranging for appropriate sound and light. Avon shall provide all other services, including but not limited to: trash, portlets, marketing, parking, security, kids’ activities, liquor service and special event permit licensing, food trucks and vendors, signage, installation and set-up of seating, bench seating, tents, all of which shall be in Avon’s sole discretion. Avon shall arrange for volunteers, Town staff and paid staff as determined appropriate by Avon in Avon’s sole discretion. 5. AVON TRADEMARKS. The Town of Avon’s symbols, logos, graphics, fonts and colors, including such marks associated with the Events (collectively referred to as “Marks”). Avon’s Marks are and shall remain the sole and exclusive property of Avon. Contractor shall not hold itself out as having any ownership rights with respect to Avon’s Marks or, except as may be specifically granted hereunder, any other rights herein. Any and all goodwill associated with any such rights shall inure directly and exclusively to the benefit of Avon. Subject to the terms and conditions of this Agreement, Avon hereby grants to Contractor a non-exclusive, non-transferable, revocable and limited license to reproduce Avon’s Marks in connection with (1) the Events; and, (2) carrying out any other Contractor obligations under this Agreement. Except as expressly permitted hereunder, Contractor hereby covenants and agrees that it will make no use of Avon’s Marks. Contractor shall have no right to sublicense its rights under this license. Contractor’s use of Avon’s Marks shall be strictly subject to the prior written approval of the CASE Manager, which approval may be granted or withheld in CASE Manager’s discretion. Notwithstanding any provisions hereof to the contrary, prior to the printing or reproduction of any Avon Marks pursuant to this Agreement, Contractor shall provide Avon with ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 5 of 14 samples of all such materials for Avon’s review and approval or disapproval. Any trademarks, logos or other intellectual property developed by Avon or by Contractor in connection with Avon’s Events services provided hereunder shall be the property of Avon. Contractor logo will be included in digital and printed marketing collateral. 6. MORALITY CLAUSE. Contractor acknowledges that the Town of Avon’s image is of immeasurable value to the Avon community. If at any time the Contractor, its performers or artists, or the sub-contractors hired to serve or support the event, has an incident, occurrence or public disclosure concerning a statement or action that tends to shock, insult or offend the Avon community or public morals or decency, including but not limited matters involving discrimination, sexual harassment, or alleged felony acts, which Avon perceives as reflecting negatively on Avon’s image, then Avon may restrict Contractor from using such performer, artist or sub-contractor, or in the case of a matter involving the Contractor, Avon may demand assignment of the Events to another Contractor or may elect to deem such occurrence by Contractor as a material breach of this Agreement and may elect to cancel the Events in accordance with Section 10. Event Cancellation after providing notice and opportunity for cure. 7. INDEMNIFICATION. Contractor agrees to indemnify the Town of Avon, its officers, agents and employees, and to hold them harmless against any and all claims, actions, demands or liabilities, including attorney fees and court costs, for injury, death, damage or loss to person(s) or property arising out of or directly or indirectly resulting from Contractor’s actions or omissions in connection with the conduct of the Events. Town of Avon agrees, to the extent permitted by law, to indemnify the Contractor, its officers, agents and employees, and to hold them harmless against any and all claims, actions, demands or liabilities, including attorney fees and court costs, for injury, death, damage or loss to person(s) or property arising out of or directly or indirectly resulting from reckless, willful or wanton actions or omissions of the Town of Avon in connection with the conduct of the Events. 8. INSURANCE. Contractor shall obtain general liability insurance coverage within the minimum limits set below naming Avon as an additional insured and insuring Avon and its officers, agents and employees against any and all liability and damages which may arise out of or directly or indirectly result from the conduct o f the Events. The policy dates shall include the entire range of dates for which Town of Avon property is used. The minimum limits and requirements of the coverage shall include: $1,000,000 per occurrence primary coverage, and $2,000,000 annual aggregate; and 30 days’ written notice of cancellation. Contractor shall provide to Avon proof of Comprehensive Automobile Liability insurance for any private motor vehicles owned by Contractor or its officers, agents, or employees that are used as part of the Events. The insurance policy shall provide that it is primary insurance and that its coverage will apply prior to utilization of Avon’s general liability coverage. Contractor shall provide written evidence of all insurance coverage required in this Section to the CASE Manager no later than thirty (30) days prior to the first day of the Events. All required insurance policies shall be non-cancellable without thirty (30) days prior written notice to Avon. Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section of this Agreement by ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 6 of 14 reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. All subcontractors of Contractor shall be required to list the Town of Avon, its elected officials, officers and employees as additional insured and provide the appropriate certificate of insurance to Avon upon request. 9. RELEASE OF LIABILITY. Avon assumes no responsibility whatsoever for any non- municipal property placed in said Premises. Contractor hereby expressly releases discharges Avon from any and all liabilities for any loss, injury or damages to any person or property of Contractor, its employees, agents, concessionaires, performer, attendee, spectator or other invitee that may be sustained by reason of the occupancy of the Premises under this Agreement, except for the negligent acts of Avon or its officers, agents, employees. In the event the Premises or any part thereof is damaged by fire or other natural causes or if for any other reason, including strikes, failure of utilities, which results in cancellation of the Events, or which in the judgment of the CASE Manager, renders the fulfillment of this Agreement by Avon impossible, Contractor hereby expressly releases and discharges Avon and its officers, agents and employees from any and all demands, claims, liabilities, and causes of actions arising from any of the causes aforesaid. Contractor assumes no responsibility whatsoever for any municipal property in said Premises. Avon hereby expressly releases discharges Contractor from any and all liabilities for any loss, injury or damages to any person or property of Avon, its employees, agents, concessionaires, performer, attendee, spectator or other invitee that may be sustained by reason of the occupancy of the Premises under this Agreement, except for the negligent acts of Contractors or its officers, agents, employees. 10. EVENT CANCELLATION. The CASE Manager may cancel the Events, a single Event, if material terms of this Agreement are not substantially fulfilled in a timely manner which is foreseen to result in an event which may compromise public safety or which will negatively impact the reputation of the Town of Avon, or in the event of an unforeseen force majeure event. Should Avon deem any term or terms of this Agreement unfulfilled or in material breach, Avon shall give Contractor written notice and Contractor shall have five (5) business days (or such longer time as mutually agreed by the Parties) to cure such breach. Should Contractor cure, this Agreement shall continue in full force and effect. If Contractor cancels the Events, or if the Contractor is not able to cure and Avon elects to terminate the Events, then (A) Avon shall remit to Contractor all deposits less any Events related expenditure incurred by Avon; and (B ) all funds provided by Avon for the Events shall be returned for Events which are cancelled and all such funds shall be provided to the other Party within thirty (30) days of the cancellation. Any funds not returned to and received by Avon shall bear interest at the rate set forth in Avon Municipal Code Chapter 3.32 – Interest on Past Due Accounts. Neither Party shall be liable to the other for any lost profits, lost revenues, consequential or special damages as a result of cancellation. Contractor will make best efforts to negotiate on behalf of Avon to ensure deposits are not unrecoverable. Avon shall be responsible for any and all non-refundable payments that have been made to or are required of performers, production staff and show related expenses to include but not limited to lodging, air and ground travel. ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 7 of 14 11. MUNICIPAL ADDENDUM. This Agreement is subject to the Municipal Addendum attached here to as ADDENDUM A: MUNICIPAL PROVISIONS and made part of this Agreement, the terms of which shall apply and supersede any conflicting term in the body of this Agreement. 12. NOTICES. Any notice to either Party under this Agreement shall be in writing and shall be sent to the addresses designated below. Notices by e-mail shall be deemed received when acknowledged by the recipient. Contractor: Peak Performances Inc. 440 D Street Golden, CO 80401 peakevents1@gmail.com Avon: Danita Dempsey, CASE Manager P.O. Box 975 100 Mikaela Way Avon, CO 80435 (970) 748-4065 ddemsey@avon.org IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. TOWN OF AVON By: ________________________________________ Sarah Smith Hymes, Mayor CONTRACTOR Peak Performances By: _________________________________________ [signature] Name: Michael O’Brien, CEO ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 8 of 14 ADDENDUM A: MUNICIPAL PROVISIONS. A.1. Addendum A Controls: In the event the terms and conditions of this Addendum A conflict in whole or in part with the terms and conditions of the Agreement, the terms and conditions of this Addendum A shall control. A.2. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to Avon, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. A.3. Affirmative Action: Contractor will not discriminate against any employee or sub- contractor for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. A.4. Article X, Section 20/TABOR: The Parties understand and acknowledge that Avon is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of Avon are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Avon’s current fiscal period ending upon the next succeeding December 31. Financial obligations of Avon payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with th e rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. A.5. Employment of or Contracts with Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the contractor will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 9 of 14 obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall be required to notify the subcontractor and Avon within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor’s actual knowledge. Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If Contractor violates this provision, Avon may terminate this Agreement, and Contractor may be liable for actual and/or consequential damages incurred by Avon, notwithstanding any limitation on such damages provided by such Agreement. A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. Avon’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by Avon except in writing. A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns. A.8. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted against Avon shall be limited to proven direct damages in an amount to exceed amounts due under the Agreement and that Town shall not be liable for indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits. A.9. No Third -Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. A.10. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 10 of 14 A.11. Survival of Terms and Conditions: The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. A.12. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of Avon. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by Avon. No assignment shall release the Contracto r from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. A.13. Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 11 of 14 EXHIBIT A: DESCRIPTION OF PREMISES Premise will include the Avon Performance Pavilion, including ingress and egress access through the old Town Hall parking lot, use of western portion of the old Town Hall parking lot, use of the green room, use of the cabin if available, location on the main athletic field for up to four (4) 10 x 10 tents (or equivalent square footage) for front of house production tent and merchandise ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 12 of 14 EXHIBIT B: EVENT DESCRIPTION Contractor shall provide the following services described below for the production of live music performances for the AvonLIVE! free concert series: 1. Talent Buyer & Management - Contractor shall: 1.1. Secure appropriate artists bookings for the AvonLIVE! concert series in accordance with the budget. Avon will assist with identifying local and regional artists for the opening performers. Contractor shall coordinate with Avon on the selection of headlining performers. 1.2. Consult with the Town on the concert series budget and recommend adjustments as appropriate. 1.3. Promptly advise Town of talent opportunities which would require a budget increase for an Event. 1.4. Mike O’Brien or qualified designee will be onsite and able to assist Town of Avon staff during each Event. 1.5. Maintain appropriate books and records for inspection by Town if requested. 1.6. Provide all management, hospitality and oversight for all artists hired for the series including but not limited to: a. Contracting b. Rider fulfillment c. Backline d. Hospitality (headliner only) e. Transportation f. Payment of talent fees for headliner and opening performers g. Lodging (Note: trade for sponsorship arrangements have been made with the Westin Riverfront) 2. Stage Production – Contractor shall: 2.1. Stage production premises is the Avon Performance Pavilion. 2.2. Opening talent should begin at approximately 5:30 p.m. and end at approximately 6:30 p.m. 2.3. Headlining talent should begin at approximately 7:00 p.m. and end at approximately 8:45 p.m. 2.4. Hard stop for all sound amplification is 9:00 p.m. unless otherwise approved by Town. 2.5. Arrange and provide for all stage production to including but not limited to: a. Lighting equipment, engineer and staff b. Sound equipment, engineer and staff, sufficient for an audience of 1,500 c. Trussing, if applicable d. Rigging, if applicable e. Backdrop, if applicable 3. Event Dates & Times: Avon LIVE! 3.1. All events are open to the public at 5:00 p.m. and close to the public at 9:00 p.m. ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 13 of 14 a. Wednesday, June 23, 2021 b. Wednesday, July 7, 2021 c. Wednesday, July 14, 2021 d. Wednesday, July 21, 2021 e. Wednesday, July 28, 2021 f. Wednesday, August 4, 2021 g. Wednesday, August 18, 2021 h. Wednesday, August 25, 2021 i. Wednesday, September 1, 2021 4. Budget: Contractor shall provide services described in accordance with the budget identified below. 4.1. Contractor shall consult with the Town if an adjustment is required. 4.2. Contractor shall maintain appropriate financial receipts, invoices, records, etc. for inspection by Town if requested. Food & Beverage Artist Hospitality $ 675.00 Sub-Total:675.00$ Audio Visual Sound 9,000.00$ Lights 5,400.00$ Backline 1,500.00$ Sub-Total:15,900.00$ Purchased & Other Contracted Services Talent Management Fee 11,043.00$ Minimum $1,000 per show and maximum of $1,500 for bands at $10K or larger. This number represents an average Headlining Talent 68,750.00$ Opening Talent 11,000.00$ Avon schedule talent and provide beverages; Contractor collect W9's and issue payment Talent Lodging: Headliner -$ Talent Lodging: Opener -$ Sub-Total:90,793.00$ Grand Total: 107,368.00$ AvonLIVE! 2021 Budget ATTACHMENT A: Peak Performaces Talent Agreement 2021 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. May 11, 2021 Page 14 of 14 ATTACHMENT A: Peak Performaces Talent Agreement AVON REGULAR MEETING MINUTES TUESDAY APRIL 27, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 Part One 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, Mobility Director Eva Wilson, HR Director Lance Richards, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:29 Part One Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Hardy 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: 00:01:06 Part One No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:21 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. 5. BUSINESS ITEMS 5.3. PUBLIC HEARING: SECOND READING OF ORDINANCE 21-06 AMENDING CHAPTER 13.04 OF THE AVON MUNICIPAL CODE PERTAINING TO WATER USE RESTRICTIONS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 00:02:22 Part One Not all the presenters had joined the meeting by the time agenda item 5.1 was up. Council decided to start with the discussion of agenda item 5.3. Town Attorney Paul Wisor explained that the Water Authority asked for more time to update their Response Plan. However, as this is a public hearing that was noticed for April 27, Council has to open the public hearing and then move to continue this to a future agenda. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to continue Second Reading of Ordinance 21-06 Amending Chapter 13.04 of the Avon Municipal Code Pertaining to Water Use Restrictions to the May 11th, 2021 meeting. Councilor Underwood seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY APRIL 27, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.1. WORK SESSION: US6 PEDESTRIAN CROSSING (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 00:09:16 Part One Mobility Director Eva Wilson joined the meeting and was joined by Eagle County attendees Kelly Collier, Tanya Allen, and Ben Gerdes, Eagle-Vail Metro District Manager Steven Barber, CDOT attendees Region 3 Traffic and Safety Manager Zane Znamenacek, Region 3 Traffic Operations Engineer Andi Staley, Resident Engineer Karen Berdoulay, and legislator Representative Dylan Roberts. Mobility Director Eva took Council through the PPT presentation included in the packet and she and the other attendees of the work session answered Council questions. Mayor Smith Hymes asked for public comments and she started by reading a public comment from former Avon Mayor Jennie Fancher expressing how she thinks that spending $2.5M on a roundabout is an excessive amount of money, when there are many other simpler and cheaper solutions. Matt Abramowitz, resident of the River Oaks Complex, commented that he is disappointed the Eagle County Commissioners are not present this evening. He is in favor of a roundabout to slow cars down and said he is also disappointed that this is the only solution, as it is expensive and will take time, and he cannot stress enough how important this safety issue is. Kelley Collier apologized that County Commissioners were not present, she clarified that she understood this was a presentation, not a stakeholder meeting to get feedback and discuss support. Representative Roberts expressed that he is supportive and can take this into legislative session in January. Steve Coyer commented that he does not use this stretch often, but he supports this to make it safer. 5.2. PRESENTATION: WATER SUPPLY MASTER PLANNING #2 (LINN BROOKS, GENERAL MANAGER AT THE ERWSD) Video Start Time: 0 1:28:43 Part One Linn Brooks, Diane Johnson and Steve Coyer joined the meeting. Linn Brooks, General Manager at the Eagle River Water and Sanitation Department, presented the second part of the Water Resources Masterplan presentation and answered Council questions. Diane Johnson and Steve Coyer mentioned that this is an educational effort on water usage for the community. Councilor Thuon got disconnected at 6:36 p.m. and rejoined the meeting at 6:42 p.m. Mayor Smith Hymes asked for public comments and no public comments were made. 5.4. PLANNING AND ZONING COMMISSION APPOINTMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:18:24 Part One Planning Director Matt Pielsticker joined the meeting and explained that all four commissioners reapplied. Mayor Smith Hymes proposed to not discuss the reducing of members tonight , and to focus on the appointments. AVON REGULAR MEETING MINUTES TUESDAY APRIL 27, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Commissioners Jared Barnes and Steven Nusbaum joined the meeting and Councilors Underwood and Hardy thanked them for serving, giving back to the community , and reapplying. The other two Commissioners reapplying are Anthony Sekinger and Martin Golembiewski who could not attend the meeting this evening . Councilor Prince moved to approve the four applicants for continuing terms . Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.5. WORK SESSION: COMMUNITY SURVEY (COMMUNICATIONS MANAGER ELIZABETH WOOD) Video Start Time: 00:00:10 Part Two Communications Manager Elizabeth Wood joined the meeting and expressed that she is excited to launch the community survey next month. She mentioned that she received input/feedback from several members of Council and welcome d everyone to email her with more comments and suggestions , as it is a lengthy survey. Council made suggestions for additions/changes in different questions of the survey, including some regarding special events, police use of force and presence, and the railroad. Communications Manager Liz Wood thanked Council for all the great suggestions and expressed that she is looking forward to b ringing back a revised copy of the survey for the second Council work session in May. 5.6. PUBLIC HEARING: RESOLUTION 21-10, AMENDING THE 2021 TOWN OF AVON BUDGET (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT ) Video Start Time: 00:22:21 Part Two Assistant Town Manager and Finance Director Scott Wright joined the meeting and explained the amendments before Council this evening. Town Manager Eric Heil expressed that Council can choose to increase the reserves to 30%. Councilor Prince said it is amazing that the Town did not dip into the reserves during a global pandemic, and he would rather see the debt reduce, than over-reserving and having reserves that are never used. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood asked to discuss Councilor Prince's suggestion to reduce debt at a future meeting. Councilor Underwood moved to approve the Resolution 21-10 Amending the 2021 Town of Avon Budget as presented in the packet . Councilor Hardy seconded th e motion. Councilor Prince asked if Councilor s Underwood and Hardy would be willing to ame nd the motion to exclude approval of the I -70 underpass aesthetic improvements from the motion and vote on that separately. Councilor Underwood did not want to amend her motion. The motion passed with a vote of 4 to 3. Councilors Prince, Thuon and Andrade voted no , as they do not support a budget amendment for the I-70 underpass aesthetic improvements. AVON REGULAR MEETING MINUTES TUESDAY APRIL 27, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.7. WORK SESSION: WEST BEAVER CREEK BOULEVARD , ON-STREET PARKING (TOWN E NGINEER JUSTIN HILDRETH AND MOBILITY D IRECTOR EVA WILSON) Video Start Time: 00:46:56 Part Two Town Manager Eric Heil introduced the topic and explained that Council tasked staff to work on improving the safety by Memorial Day weekend, and to make sure to get input from residents that live in the neighborhood. He explained the Town hosted a neighborhood meeting last night and summarized comments were emailed to Council this morning. The main takeaway was trespassing concerns and concerns about more congestion/user numbers in the park. Different options were discussed. The first option was parallel gravel parkin g with less spots than currently allowed. The second option was to shrink the parking area to 300 feet. The third option was to eliminate on-street parking, encourage drop-off at lot 16 , and parking elsewhere. Councilor Thuon expressed that the Town should consider paid parking on the street , as well as free parking on Lake Street and at old T own Hall. Councilor Hardy expressed how the Town needs to disperse activities and consider moving the SUP activity to the other side of the lake, away from the beach. Councilor Andrade is all about safety and making it pedestrian friendly and supports no parking on the road. Mayor Smith Hymes said she does not think spending money really improves the safety, the existing parking elsewhere is not utilized, and the Town can make lot 16 drop off only in the summer and hire a parking attendant for the summer months . Councilor Thuon said that maybe a valet service company in the valley can jump in. Mayor Smith Hymes asked for public comments and several public comments were made. Deb McBride thanked Council for listening and said it is lovely to see the park being utilized so much. She likes the idea of a parking attendant, taking branches of the bottom of trees, and creating more bathrooms. Ruth Stanley expressed she wants to keep stressing that this area is a residential neighborhood and said she feels like the comments last night were heard and really appreciates Council listening. Jake Wolf said he agrees with the majority of what was said, he suggested shutting down parking this summer and studying the situation. He mentioned how Michael Cacioppo is not in good health and asked for good vibes for him. Deb McBride made a second comment and thanked Councilors Hardy and Andrade for really listening and asked to please consider homeowners, not just the SUP vendor. She would like to see it more managed and less of a "free for all". Sarah Straub said she attended last night and would like to hold off on parallel parking. She said there are other priorities like infrastructure and order. She requested to pay more attention to the usage of the park and the lake. AVON REGULAR MEETING MINUTES TUESDAY APRIL 27, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Pro Tem Phillips supports eliminating the parking but wants Council to be ready to take the heat from out-of-town guests. Councilor Underwood supports a small amount of parking on the north side, right where it accesses lot 16. Councilor Thuon supports no parking on the road. Councilor Prince is about alternative parking and advertising/educating people on walking times. He said the idea of offering public trolleys can still be explored, but he will go along with the rest of Council. Councilor Hardy is open to some parking but siding on no. Kathy Ryan commented and apologized for missing part of the discussion due to technical difficulties. She supports no parking on the street and moving the SUP rentals back to the log cabin. She also expressed concerns about bio-diversity. Kris Miller, a Homestead resident, made one final public comment and said she supports people parking farther and walking a little bit longer and said it is a non-issue. Staff will come back with a written report to discuss implementation before Memorial Day weekend. 6. MINUTES 6.1. APPROVAL OF APRIL 13, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:52:30 Part Two Councilor Underwood moved to approve the minutes from the April 13, 2021 regular meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. April 20th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. April 15th CASE Committee Draft Meeting Minutes (General Government Intern Emily Myler) 7.3. Monthly Financial Report (Senior Accountant Joel McCracken) 7.4. Quarterly RETT Report (Senior Accountant Joel McCracken) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:53:24 Part Two Councilor Thuon asked when Council will return to meeting in-person in Council Chambers. Town Manager Eric Heil explained that Eagle County is on track to rescind the Public Health Orders on May 27th so we would go back to meeting in-person starting in June. IT is working on technology to accommodate a blended remote/in-person meeting format. Councilor Thuon requested to start receiving a paper Council packet. Mayor Smith Hymes said Council can schedule a discussion on whether Councilors can participate remote and what that would look like, and to put this on a future agenda for discussion. Mayor Pro Tem Phillips requested a staff report from Town Attorney Paul Wisor and Town Manager Eric Heil with options on guidance for remote participation. AVON REGULAR MEETING MINUTES TUESDAY APRIL 27, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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 M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: April 22, 2021 RE: Summary of Authority’s April 22, 2021, virtual Board Meeting The following is a summary of items discussed at the April 22, 2021, Authority Board Meeting: Board members present and acting were Chair George Gregory, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, and Mick Woodworth. Introductions New employee Jenna Beairsto of the engineering department was introduced. Authority Irrigation Rates The board approved Authority commercial irrigation rates as presented by Jason Cowles. Jason noted the rates could not be implemented until after the 30-day notice period was up in April. Climate Action Collaborative Goals, MOU The board approved a resolution supporting the updated, more stringent carbon emissions reduction goals of the Climate Action Collaborative. The board also approved an MOU that sets forth a governing committee and structure for the Collaborative. Rules and Regulations Update The board approved a revision to the Rules and Regulations, Article IX, which addresses the water supply response plan. The article ensures consistency with current low water supply mitigation strategies. Drought Update Linn Brooks and Diane Johnson updated on drought conditions and mitigation strategies for the upcoming summer and into the future. Financial Report David Norris discussed the quarterly financial report, noting comparisons to 2020. The board appreciated the updated format, which is very comprehensive and contains many visuals. Nutrient Upgrade Project Update Melissa Marts updated the board on the nutrient upgrade project at AWWTF. The project is going well and continues to be on schedule and within budget. Community Water Plan Update Jason Cowles noted agreement by the Homestake Partners that the Authority and District’s model could be used for the Community Water Plan. 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager RE: Art Around Avon Program DATE: May 5, 2021 SUMMARY: This report provides a written update on the temporary art installation planned for this Summer. There is no action required by Council. BACKGROUND: Art Around Avon Program: This program is modeled after the Art Around Town program in the Town of Carbondale which has had great success. This program is a mechanism for temporary installations throughout the Town core which will be renewed/rotated out each year with minimal investment from the Town. Additionally, the program delivers community vibrancy, placemaking, supports the art community 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. 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. On January 20th, the RFP attached as Exhibit A 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 March 15th. This resulted in 34 highly qualified submission from all over the State of Colorado and beyond! a. There was a total of 34 applications submitted by 21 artists through the web-based platform CAFÉ by the entry deadline of March 15th. b. The first round of individual jurying (review and scoring) in CAFÉ began on March 16th and was complete on March 23rd. i. The first round of scoring was a Yes, Maybe or No selection. ii. On March 23rd, the Jury Panel met via Zoom to review and discuss each application/submission. iii. This resulted is the advancement of thirteen (13) applications by (10) artists to the second round of jurying and moved 17 applicants to not invited status. c. The second and final round of individual jurying (review and scoring) in CAFÉ began on March 24th and was complete on March 30th. i. The second round of scoring was a Yes, Maybe or No selection with attention to size and scale of each sculpture related to size and scale of installation location and placement. ii. On March 30th, the Jury Panel met via Zoom to review and discuss each application/submission. 970-748-4065 ddempsey@avon.org iii. This resulted in the advancement of nine (9) applications by eight (8) artists to finalists and moved four (4) to not invited status. iv. Photos of the final selections are provided in the attached Exhibit B. Jury Panel: A list of eight (8) finely curated volunteers and staff severed as the Jury Panel, two of which have a diverse background and/or higher education in the fine art world. The Jury Panel worked cohesively through two rounds of jurying applications followed by 60 to 150 minutes of professional, friendly discussion and debate via Zoom on March 23rd and 30th. 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 60 minutes reviewing the applications for each of the two (2) rounds of the jury process. That’s approximately 16 hours of concentrated review followed by 1 hour, 59 minutes of conversation on March 23rd and 1 hour on March 30th. Below is a short bio on those Jury Panel members who are not employed by the Town or on the CASE Committee: a. 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 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." b. 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.” c. Lindsay Hardy – CASE Committee and Avon Town Council Member d. Eric Heil – Town Manager e. Danita Dempsey – CASE Manager f. Justin Hildreth – Town Engineer g. Drew Isaacson – Public Works Superintendent h. Pedro Campos – CASE Committee 970-748-4065 ddempsey@avon.org Installation: Currently, the installation is scheduled for Monday and Tuesday June 7th and 8th. Six (6) of the nine (9) selected sculptures will be placed on a large piece of Colorado Buff cut stone which a steel base plate is secured to. The remaining three (3) will be secured directly to the concrete or stone pedestal already in place. There will be an Artist Reception and Art Around Avon Walk on Friday June 11th for the community to engage with the artist and hear the story behind the sculpture. Details and timing for the Art Around Avon Walk are still coming together and will be shared with Council in the coming weeks. FINANCIAL CONSIDERATIONS: The 2021 Approved Budget includes $20,000 for the Art Around Avon Program. The project is currently on budget. Thank you, Danita ATTACHMENTS: EXHIBIT A – Call For Artist / RFP Art Around Avon Program EXHIBIT B – Final Sculpture Selections Artist Call Out / Request for Proposal Art Around Avon Project Page 1 of 3 CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON ART AROUND AVON PROGRAM for 2021 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon Program to promote the display of visual art throughout the Town of Avon community for the benefit of residents and visitors. This is project of the Avon Town Council and Cultural, Arts & Special Events (“CASE”) Committee. 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 we lcoming. 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. Overview: The Art Around Avon is a new program with the goal of selecting up to nine (9) visual art pieces for installation in pre-determined outdoor spaces in early June 2021. Selected artists will be engaged by the Town and paid a $900 stipend. The selected artist’s work will be on exhibition in an outdoor location for up to twelve (12) months during which time the artist may make the work available for sale. The Town shall produce and distribute materials regarding the work for marketing purposes, including photographs of the work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on exhibition in the Town through the Art Around Avon program. Project Intent: To establish the Art Around Avon Program to become an annual, year-long exhibition showcasing outdoor sculptures in visible places around the Town. Project Budget: Selected artists shall be paid a $900 stipend per piece of work selected. The artist shall perform all services and furnish all supplies, material and equipment as necessary f or the design, execution and fabrication of the work including transportation of the work to the installation site. Site Description: Various visible outdoor locations in highly trafficked areas in the Town along main roadways, Main Street Mall, Nottingham Park and playgrounds. The ground level base or platform, and/or raised pedestal for the work is provided by the Town and will be either brick pavers, sandstone, reinforced concrete or cut stone; and, based off location of the installation. Of high significance and priority is location #1 on Avon Road, round -about #4, at the conjunction of E. Benchmark Road and W. Benchmark Road. This location is considered the “Town Center” and will demand a larger and more prominent work with the ability to be seen by pedestrians from across Avon Road. Attachment A provides the type of material for the base, platform, pedestal, brick pavers, etc., space size, size restrictions for work, and imagery or links to imagery. 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 and transport work before June 1, 2021. EXHBIT A Artist Call Out / Request for Proposal Art Around Avon Project Page 2 of 3 4.Applicants must be able to pick up work before June 6, 2022.5.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. Requirements of Work: 1.Safe for pedestrians 2.Of appropriate scale for street display 3.Able to withstand high winds and/or substantial temperature changes 4.Easy to maintain in an outdoor mountain environment5.Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal, sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes. Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist application and selection processes for the Art Around Avon program. Application shall include: 1.Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2.Proposal: a.Include five (5) to eight (8) digital images of your proposed work. b.Project statement describing your approach and intention for the work. c.Special display and installation requirements for each entry. 3.References & Past Work: Three (3) relevant project references to include the following for each project: a.Main contact: Name, Organization, Email and Phone Number. 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. 4.All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment B. Anticipated Timeline: •Artist Call for entry: January 20, 2021 •Deadline for entry: March 15, 2021 •Proposed selection notification: April 1, 2021 •Installation of work: June 1 through June 2, 2021 •Exhibition period for work: June 2, 2021 through May 23, 2022 •Art Around Avon Walk: June 4, 2021 Artist Call Out / Request for Proposal Art Around Avon Project Page 3 of 3 •Decommission and removal of work: May 23 through May 24, 2022 •Disposal deadline: June 6, 2022 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 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. EXHIBIT B Art Around Avon -Sculptures Location #1 | Avon Road Center of RAB#4 Title: Sunrise/Sunset Artist: Matthew Duffy Location #2 | Avon Road SW Corner of RAB#3 Title: Abundance Tree Artist: Charlotte Zink Location #3 | Avon Road NW Corner of RAB#3 Title: Low Poly Heart Artist: Matthew Duffy Location #4 | Avon Road SE Corner of RAB#4 (Platform) Title: Transitional Piece Mockup Artist: Kevin Shaffer Location #5 | E. Benchmark Road & Beaver Creek Place NE Corner Title: Cold Moon Artist: Sandy Friedman Location #6 | E. Benchmark Road @ City Market Bus Stop Title: Logarythm Artist: Joe Burleigh Location #7 | Avon Road SW Corner of RAB#4 Title: Baby Buffalo Artist: Cha Cha Location #8 | E. Benchmark Road Bus Stop Title: Picasso’s Chair Artist: Janene DeRico-Cable Location #9 | Avon Road NE Corner of RAB#4 Title: Apollo’s Journey Artist: Annette Coleman (970) 748-4001 btorres@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Brenda Torres, Town Clerk RE: Contract Archive Procedures DATE: April 9, 2021 SUMMARY: In order to achieve a better and more efficient contract filing and searching process, the Town Clerk’s office is implementing a new contract submittal system. This is submitted as a written report and no action by Council is requested. BACKGROUND: The previous process consisted of each department sending their fully executed contracts to the Clerk’s office via e-mail or hard copy. Once received, the contracts were saved/scanned into Laserfiche and tags (metadata) were entered manually. ANALYSIS: In order to create a more uniform process each department will now go to the Town Clerk’s page in the intranet site and submit their own form with all the information required. The form will contain a link to attach the fully executed contract and exhibits (if any). A sample of the form has been included as Attachment A. Once the form has been completely submitted, it will be automatically saved in Laserfiche including all the pertinent attachments. Any of the fields completed in the form can be used as keywords for a faster location of the documents. A notification email will immediately be sent to the Clerk’s office to confirm the completion of a new contract submission. The destination folder of the submitted contracts will be linked to the Town’s website. Contracts will be now available to be accessed by the public under the Public Documents section in the Town’s website. The intention of this new process is to facilitate the archiving and accessing of these types of public records. Thank you, Brenda T. ATTACHMENTS: Attachment A: Sample of the contract submittal form and instructions. Contract Archive Submittal Form Updated: March 23, 2021 Contract Archive Submittal Form 1.Document Title:ICA: AvonLIVE! Equipment Rental 2.Vendor/Other Party Name:XYZ Productions 3.Department: Name: E-Mail Address: General Government Danita Dempsey X4065 ddempsey@avon.org 4.Term of ContractStarting Date: Expiration Date: 05/25/2020 09/30/2020 5.Contract Notification Recipients: Danita Dempsey ddempsey@avon.org Town Attorney townattorney@avon.org 6.Advance E-mail Notification of Expiration: E-Mail Notification Recipients: 90 60 30 ____ (Days) ddempsey@avon.org 7.Financial Budget Line Item $10,000 131 8.Special Terms 3.1 Agreement to negotiate revised pricing on July 1, 2021 9.Exhibits:Exhibit A: Services 10.Certificate of Liability Insurance: YES NO 11.Council Action Required: If Yes, Council Meeting Date of Approval: Resolution or Ordinance No: NO YES 12.County Recording Required: Responsible Party for Recording: YES NO 13.Comments: ATTACHMENT A Contract Archive Submittal Form Updated: March 23, 2021 CONTRACT ARCHIVE SUBMITTAL FORM INSTRUCTION GENERAL: All contracts must receive prior review and approval by the Town Attorney, INCLUDING all exhibits, attachments, and scope of work. Check with the Town Attorney to verify the correct contract form to be used. 1.Document Title: Use the following abbreviations: PSA = Professional Service Agreement; ICA = Independent Contractor Agreement; SCA = Standard Construction Agreement; IGA = Intergovernmental Agreement; MOU = Memorandum of Understanding; MA = Miscellaneous Agreement. 2.Vendor/Other Party Name: Insert name of other party. 3.Department: State the Department responsible for the contract along with name and email address. 4.Term of Contract: Contracts with a term greater than one year which do not allow for the Town of Avon to terminate with less than one year’s notice require Town Council approval. 5.Contract Notification Recipients: List persons and e-mail addresses for notifications. 6.Advance E-Mail Notification of Expiration: State the number of days that advance notification of expiration should be sent and list email of person to receive notification. 7.Financial: State the amount of the contract and the budget line item. 8.Special Terms: List any special terms that are unusual and require review or another negotiating point prior to expiration. 9.Exhibits: List all exhibits referenced in the contract and attach them to the contract. 10.Certificate of Liability Insurance: Attach a Certificate of Liability Insurance if required by the contract. 11.Council Action Required: Documents requiring a Resolution or Ordinance also require Town Council approval. Attach the approved Resolution or Ordinance. 12.County Recording Required: If this contact needs to be recorded with the Eagle county Clerk and Recorder, list the Avon Town Clerk as the party to receive the original recorded document or provide the original recorded version when received. 13.Comments: Provide any comments on the contract to call attention to important or unusual terms not identified above. ATTACHMENT A