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PZC Packet 051623 PART 2 OF 2PLANNING & ZONING COMMISSION PACKET 20F2 5/16/23 TO: Avon Planning and Zoning Commission Members FROM: Eric Heil, Town Manager �� RE: Avon Downtown Development Authority Plan on DATE: May 12, 2023 c o L o H A o SUMMARY: This report provides an overview of the Avon Downtown Development Authority Plan document ("DDA Plan"). An outline of the DDA Plan document is provided below. An initial draft of the DDA Plan is expected to be provided on Monday, May 12, 2023. The DDA Plan document will be presented to the Avon Planning and Zoning Commission on May 16 and June 6. PURPOSE: DDAs have a general purpose to promote the economic health of the commercial core area of a municipality and alleviate or prevent conditions of blight. The proposed DDA Plan document will state that development of Community Housing is the primary purpose, with at least 50% of the tax increment financing revenue going towards Community Housing projects. STATUTORY AUTHORIZATION: The DDA Statutes require the adoption of a DDA Plan before the DDA may undertake a project. CRS §31-25-807(4)(a). "The planning board shall submit its written recommendations with respect to the proposed plan of development to the governing body within thirty days after receipt of the plan for review." CRS §31-25-807(4)(b). A Draft DDA Plan is being created early so that the Planning and Zoning Commission, Avon Council, eligible voters in the DDA boundary area, and other stakeholders have a better understanding of the purpose for the DDA, process to form a DDA, and potential projects. Actual development projects will be reviewed by the Avon Planning and Zoning Commission in the normal course of development application review under the Avon Development Code. REQUESTED ACTION: The May 16, 2023 meeting is scheduled as Public Hearing to take comments from the public. No action is requested at this meeting. Depending upon stakeholder interest and areas of interest by the Avon Planning and Zoning Commission, review of the DRAFT DDA Plan document may continue into July and early August for revision and refinement. It would be helpful for eligible voters to have a DDA Plan document that is recommended for approval by the Avon Planning and Zoning Commission when ballots go out in early August for the planned August 29, 2023 Special Election. AVON DOWNTOWN DEVELOMPENT AUTHORITY PLAN OUTLINE: An outline for the DDA Plan document is provided below. An initial draft of the DDA Plan document should be available and forwarded to Avon Planning and Zoning Commission on Monday, May 15. 1.0 INTRODUCTION 10.1 Statutory Authority. 10.2 Purpose. 10.3 Formation Process. 10.4 Eligible Voters. 10.5 Governing Body. 10.6 Administration. 10.7 Financing. 2.0 AVON DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARY 2.1 Statutory Authorization. 2.2 Analysis. 2.3 Boundary. 3.0 EXISTING CONDITIONS 970.748.4004 eric@avon.org APPENDICES: A. Employer Survey B. Blight Study Thank you, Eric ATTACHMENT A: Avon Urban Renewal Authority Plan document. Page 2 of 2 3.1 Description of Area. 3.2 Village (at Avon). a. Street Infrastructure. b. Development Areas. C. Parks and Trails. d. Early Childhood Education. e. Parking Structure. f. Development Entitlements. 3.3 East Avon. 3.4 West Avon. 3.5 Nottingham Station. 3.6 Northside Commercial. 3.7 Blight Conditions. 4.0 RELATIONSHIP TO COMPREHENSIVE PLAN 4.1 Introduction. 4.2 Specific References. 5.0 PLAN OBJECTIVES 5.1 Introduction. 5.2 Community Housing. 5.3 Public Infrastructure and Facilities. 6.0 POTENTIAL PROJECTS 6.1 Community Housing. 6.2 Parking Structures. 6.3 Streets and Utilities. 6.4 Parks and Trails. 6.5 Public Facilities. 7.0 PROJECT FINANCING 7.1 Introduction. 7.2 Statutory Authority. 7.3 Tax Increment Financing. 7.4 Budget Approval. (Council approval and DDA concurrence, Finance Committee review) 8.0 PROJECT APPROVAL PROCESS 8.1 Project Approval. (DDA Board, PZC recommendation, Finance Committee review, Council concurring approval) 9.0 PLAN AMENDMENTS 9.1 Process. (description of statutory process, public hearings, local implementation) 10.0 MISCELLANEOUS 10.1 Interpretation. 10.2 Severability. APPENDICES: A. Employer Survey B. Blight Study Thank you, Eric ATTACHMENT A: Avon Urban Renewal Authority Plan document. Page 2 of 2 ATTACHMENT A EXAMPLE PLAN Avon Urban Renewal Authority Urban Renewal Plan Town Center West Area Adopted August 14, 2007 Revised November 10, 2015 Avon Urban Renewal Authority Urban Renewal Plan Town Center West Area 1.0 PREFACE AND BACKGROUND 1.1 Preface. This Town Center West Area Urban Renewal Plan ("Plan" or "Urban Renewal Plan") has been approved by the Town Council of the Town of Avon and will be carried out by the Avon Urban Renewal Authority ("Authority") pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended ("Act"). The administration and enforcement of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. Notice of the public hearing to consider the Plan was published in the Eagle Valley Enterprise on July 12, 2007. The Plan was adopted by the Town Council after a public hearing thereon August 14, 2007. 1.2 Description of Urban Renewal Area. According to the Act, the jurisdictional boundaries of the Authority are the same as the boundaries of the Town. Additionally, within the Town boundaries there may be one or more urban renewal areas. Under the Act, a blighted area that has been designated by the Town Council as appropriate for an urban renewal project may qualify as an urban renewal area. A blighted area is defined in part by the presence of certain factors listed in the Act. The Authority may implement an urban renewal project within an urban renewal area in order to eliminate and prevent the development or spread of blight. The Town Center West Area included in the Urban Renewal Pian (referred to herein as the "Urban Renewal Area" or the "Area") is located in the Town of Avon, Eagle County, Colorado. The boundaries of the Area (reflected in Figure 1 following the legal description) generally include properties located in the commercial area known as Avon West Town Center. The Area is bisected from east to west by Interstate 70 and generally bounded bond on the south by the Eagle River and Denver and Rio Grande Western Railroad tracks, on the west by West Beaver Creek Boulevard, and on the east by Avon Road and undeveloped parcels along the east side of Buck Creek Road. The northern boundary in the western half of the Area is the southern 1-70 right-of- way, and in the eastern half is the northwester right-of-way of Buck Creek Road. A legal description for this area is included in Secticn 1.2.1 of this Pian. A legal description controls the boundary description in case of a conflict. The boundaries of the Urban Renewal Area are drawn as narrowly as feasible to accomplish the planning and development objectives of this Urban Renewal Plan. (A) Legal Description (B) Figure 1, Urban Renewal Area The Urban Renewal Plan Concept Map is presented as Figure 2 below. Avon Urban Renewal Plan Page 1 of 16 Town Center West Area Revised November 10, 2015 Figure No. 1 Town Center West Area Urban Renewal Plan - Boundary Map '� � t. r'��•A. 4 Airl' YpM Ce tff V*U We CorW�Jlam SUr " Ta W mon PytN Bounla y &w -y Awa Flt—q ®rr ~' • _ZN Avon Urban Renewal Plan Page 2 of 16 Town Center West Area Revised November 10, 2015 Figure No. 2 Town Center West Area Urban Renewal Plan — Concept Map a� J 11� 11 Avon Urban Renewal Plan Town Center West Area Revised November 10, 2015 0 pao, .1 1]' 16 1.3 Purpose of the Plan. The purpose of this Urban Renewal Pian is to reduce, eliminate and prevent the spread of blight within the Urban Renewal Area and to stimulate growth and investment within the Area boundaries. In particular, this Urban Renewal Plan is intended to promote local objectives with respect to appropriate land uses, private investment and public improvements provided that the delineation of such objectives shall not. be construed to require that any particular project necessarily promote all such objectives. Specifically.. the Plan promotes an environment which allows for a range of uses and product typea which can respond to market conditions over time; further the goals and objectives the Town of Avon Comprehensive Plan adopted in February 2006 and other relevant policy document; and, leverage the community's interest in public improvement projects in the Area. While the principal goal of the urban renewal effort, as required by the Act, is to afford maximum opportunity, consistent with the sound needs of the Town of Avon (the "Town") as a whole and to develop and rehabilitate the Area by private enterprise, it is not intended to replace the efforts of the area business development or marketing organizations. The rehabilitation and redevelopment of properties with the Urban Renewal Area will be accomplished through the improvement of existing structures and infrastructure, attraction of new investment and reinvestment, and preventior of deterioration of properties in the Area. The effort will involve the Authority and the Town Council with participation and cooperation by the private sector. The Authority will arrange with the Town to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Urban Renewal Area as is necessary or appropriate. Such activities shall utilize applicable Town standards and regulations for the purpose of implementing the Plan. 1.4 Public Participation. The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as other Avon residents. Reasonable efforts were taken to provide notification of the public hearing to property owners, residents, and owners of business concerns at their last known address of record within the Areas as required by the Act. Input on the Plan's content was solicited of Area residents, property and business owners, and tenants ("stakeholders") during stakeholder meetings held during the Spring of 2007. It is the intent of the Authority and Town Council to provide for public comment on proposed developments and planning efforts which advance the purposes of the Plan. Specific development proposals will be submitted for approval by the Authority. 1.5 definitions. In addition to the terms previously defined in the text, the following terms are used in this Urban Renewal Plan: Cooperation Agreement — means any agreement between the Authority and the Town or any public body (the term "public body" being used in this Urban Renewal Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or in any other provision of Colorado Law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Urban Renewal Plan. Avon Urban Renewal Plan Page 4 of 16 Town Center West Area Revised November 10, 2015 Redeveiopment'Development Agreement — means an agreement between the Authority and developer(s) regarding the redevelopment or development of property within the Urban Renewal Area. Urban Renewal Project — means undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a slum area or a blighted area or portion thereof; (b) Demolition and removal of buildings and improvements: (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan; (d) Disposition of any property acquired or held by the authority as a part of its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan; (e) Carrying out plans for a program through voluntary action and the regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and (f) Acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. 2.0 QUALIFYING CONDITIONS 2.1 The Town Center West Area (Site) Conditions Survey, dated [July/August ] 2007 (the "survey"), was completed by the Denver, Colorado office of Matrix Design Group. The Survey illustrates the location of qualifying conditions and is incorporated into this Urban Renewal Plan by reference. A "blighted area" may include a wide array of urban problems, which can range from physical deterioration of buildings and the environment, to health, social and economic problems in a particular area. The Act requires that the presence of at least four of the following factors contribute to the finding of a "blighted area." (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; Avon Urban Renewal Plan Page 5 of 16 Town Center West Area Revised November 10, 2015 (f) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title non -marketable; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; {j) Environmental contamination of buildings or property; (k) the existing of health, safety, or welfare factors requiring high levels of municipal services or substantial physical and underutilization of vacancy of sites, buildings, or other improvements; and (I) If there is no objection of such property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in any urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k) above, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare. For purposes of this paragraph (I), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing eminent domain. Based on the Survey completed in connection with the adoption and approval of the Urban Renewal Plan, 8 of the 11 qualifying factors indicative of a blighted area, as defined in the Act, are present within the Urban Renewal Area. Factors not found within the Area included: (A) slum, deteriorated, or deteriorating structures; (G) defective or unusual conditions of title rendering the title non -marketable. and, (J) environmental contamination of buildings or property; (Note: A detailed title search of properties within the Area was not conducted.) 3.0 RELATIONSHIP TO COMPREHENSIVE PLAN. A general plan for the Town known as the Town of Avon Comprehensive Plan was adopted in February 2006. The plan specifically states, "In order for Avon to realize its vision and its associated community goals and objectives, the key challenge facing Avon is to enhance its Town Center Districts." Additionally, it says, "The Town Center Districts (East and West) are intended to be Avon's focal point for social, business and cultural activities. Specifically, the Town Center Districts are anticipated to provide mixed-use development of the highest intensity within the community supported by an exceptional pedestrian -oriented environment including comfortable spaces, exceptional views, and intimate gathering places." (Page 31) Specific goals and policies of the Comprehensive Plan that this Plan will further include the following: Avon Urban Renewal Plan Page 6 of 16 Town Center West Area Revised November 10, 2015 B. Built Form. Policy B.1.9: Encourage redevelopment and revitalization of currently outdated, rundown, or otherwise neglected areas. (Page 40) C. Land Uses. Policy C.1.3: Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services. (Page 42) E. Economic Development. Goal E.2: Ensure the ability to fund and implement the necessary development and redevelopment by encouraging strategic use of town funds to leverage high quality private sector investment. Policy E.2.1: Pursue economic development benefitting the Town of Avon by using local, county, state or federal resources that are available including incentive programs and selection criteria. Community funds should be applied to different projects based upon level of projected public investment versus revenue returns to the Town. (Page 48) Policy E.2.3: Encourage private investments in Avon through such tools and strategies as tax increment financing for specific development proposals, general improvement district bonds, expedited review processes, public/private financing mechanisms, applying for development redevelopment grants, and participation (cost and revenue) in delivering infrastructure and serves as advantageous to the Town and its economic development efforts. (Page 49) G. Transportation. Policy G.1.17: Acquire alternative funding sources for operations and capital improvements to the transportation system: federal/state grants, public/private cost sharing opportunities, etc. (Page 56) Specific planning principles (by District) within the Comprehensive Plan that this Plan will further include the following: District 1: West Town Center District (Page 71) The role of the West Town Center District is to serve as the heart of the community. Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full-time residents, part-time residents, and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed use, pedestrian -oriented area that serves as the primary focus for residential lodging development within the overall Town Center. Currently, this district provides a diversity of land uses in vertically mixed-use buildings. Uses include retail, office, residential, government services, civic facilities, and parks loosely grouped around a 50 -foot pedestrian mall right-of-way. Planning Principles: ■ Create a new "main Street" in the existing pedestrian mall right-of-way. Avon Urban Renewal Plan Page 7 of 16 Town Center West Area Revised November 10, 2015 • Realign West Benchmark Road to improve circulation in the area and enhance the development feasibility of vacant parcels. • Link pedestrian, bicycle, and automcbile circulation to and through Avon's Towns Center, Nottingham Park, the Confluence site, and the Eagle River. • Develop a multi -modal transit center, • Develop a parking structure associated with the expansion of Avon's Recreation Center. • Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses. • Create inviting storefronts with retail, restaurant, and entertainment uses on ground levels and offices, lodging, and residential uses above. • Establish public plazas and other gathering spaces for community interaction and social events. • Provide entertainment opportunities for residents and guests to enliven the area and promoted and extended retail hours. • Use signage, streetscape design, landscaping, points of interest, and other wayfinding elements to help orient visitors to important destinations within the district and larger Town Center. • Use architectural detailing on ground level/first floor to enhance the pedestrian environment that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities. • Site buildings of various sizes along the street edge to maximize sun exposure, protect views, and break up building bulk. • Develop a new transit center and private/public structured parking facilities that provide easy access to and through the district. Additional relevant district references are provided below: District 3: Confluence District (Page 75) District 4: Avon Road Corridor (Page 775 District 5: Nottingham Park District (Page 79) District 12: Railroad Corridor (Page 91) District 13: Nottingham Road Commercial District (Page 93) Avon Urban Renewal Plan Page 8 of 16 Town Center West Area Revised November 10, 2015 District 21: Nottingham Park Residential District District 23: 1-70 Gateway 4.0 LAND USE PLAN AND PLAN OBJECTIVES 4.1 General Description. The vision for revitalization of the Area is the creation of high quality commercial and mixed-use development which integrate a range of non-residential uses with residential uses (vertically integrated) where appropriate, as well as property improvements, supported by strategic public involvement in Infrastructure (including utilities) and parking with and adjacent to the Area boundaries. Development with the Town Center West Area is positioned to serve as the catalyst for change in this commercial core of the Town. The combination of uses will further promote development and redevelopment of the entire Town Center District as an urban "neighborhood" with retail, business, lodging, residential, civic, cultural and public elements while physically connecting existing uses and improving circulation among multiple forms of transportation. Existing conditions present within the Areas will be remedied by the Plan, but will need to first be identified as priority public investments by the Authority in consultation with the Town Council and community. Improvements will be partially funded by tax increment revenues. Creation of special districts or other financing districts to serve as supplemental funding sources will also be considered. 4.2 Urban Renewal Plan Review Process. The review process for the Urban Renewal Plan is intended to provide a mechanism to allow those parties responsible for implementing the Plan to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended urban renewal activities. The Urban Renewal Plan may be modified at any time; but, if modified after the lease or sale by the Authority of real property in the Urban Renewal Area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser or his successor in interest may be entitled to assert. Any proposed modification shall be submitted to the Town Council for a resolution as to whether or not such modification will substantially change the Urban Renewal Plan in land area, land use. design, building requirements, timing, or procedure, as previously approved, and, if the Town Council finds that there will be a substantial change, its approval of such modification shall be subject to the requirements of the Act relating to the substantial modification of an urban renewal plan. Proposed modifications to the Plan may be submitted to the Town Council by the Authority, Town residents, owners of property or business within the Town, Town staff, or other members of the community. A series of joint workshops may be held by and between the Authority and interested members of the community to direct and review the development of Plan modifications. 4.3 Development and Design Objectives. The development objectives for the Urban Renewal Area includes establishment of uses that will allow undertakings and activities to respond to changing market conditions. Potential land uses within the Urban Renewal Area include a range of retail, business, lodging, civic, cultural, residential and parking uses. Design objectives for the Urban Renewal Area are addressed in the West Town Center Design Guidelines dated February 2007. Avon Urban Renewal Plan Page 9 of 16 Town Center West Area Revised November 10, 2015 Development objectives generally promote flexibility, adaptability to a range of uses and product type and consistency with prevailing market conditions. Other objectives include: (a) Eliminate and prevent blight (b) Implement the Town of Avon Comprehensive Plan (o) Ensure orderly growth (d) Stimulate development of vacant and underutilized land in and adjacent to the Area (e) Improve relationship between this Area and surrounding areas (0 Increase property values and strengthen the Town's economic base (g) Provide uses supportive of and complementary to planned improvements (transportation, transit, utilities, parking, etc.( (h) Encourage a mix of uses and project types Promote a variety of products to address multiple market segments 0) Encourage continued presence of business consistent with the Plan vision (k) Provide a range of financing mechanisms for private property re -investment and investment (l) Encourage public-private partnerships to implement the Plan (m) Facilitate cooperation among governmental agencies (n) Advance higher standards through quality design and material selection (o) Landscape streetscapes and gateways to unify uses and Plan components (p) Ensure sensitivity to existing surrounding uses 4.3.1 Development Opportunities — Catalyst Development. A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund public improvements. 4.4 Development Standards. All development in the Plan Area shall conform to the Town of Avon Comprehensive Plan, Town of Avon Development Code Title 7 (Development Code), Town of Avon Municipal Code Title 15 (Building and Construction Code), Town Center West Design Guidelines, and any site-specific zoning for properties in the Urban Renewal Area that are in effect or as may be adopted or as amended from time to time. Avon Urban Renewal Plan Page 10 of 16 Town Center West Area Revised November 10, 2015 In conformance with the Act and this Urban Renewal Plan, the Authority may adopt additional standards and other requirements applicable to the properties in the Urban Renewal Area. Unless otherwise approved by Town Council resolution, any such standards and requirements adopted by the Authority shall be consistent with all other zoning and development policies and regulations of the Town. 4.5 Public Improvements and Facilities. The Authority may, or may cause others to, undertake certain activities to make the Urban Renewal Area more attractive for private investment. The Authority may, or may cause others to, install, construct, and reconstruct any public Improvement In the Urban Renewal Area, including, without limitation, streets, sidewalks, underground utility and service facilities, streetscapes, pedestrian corridors, parking facilities, Town offices, and other public buildings and facilities. The Authority also may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Urban Renewal Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Urban Renewal Plan and the Act. Public improvements and facilities are intenced to stimulate (directly and indirectly) private sector investment in and around the Urban Renewal Area. The combination of public and private investment will assist In the investment and conversion of the Urban Renewal Area into a viable commercial, residential, lodging, employment, civic and mixed-use neighborhood supported by multiple forms of transportation with supporting public spaces contributing to increased property and sales taxes. 4.5.1 Infrastructure. New infrastructure, including utilities, that is required will be located in public right-of-ways or dedicated easements. These improvements will be added to existing infrastructure to the extent possible. Existing services may be removed or abandoned to accommodate new development in the Area. In undertaking all activities and improvements pursuant to this Urban Renewal Plan, the Authority shall comply with all applicable building and development regulations, and other applicable ordinances of the Town. All Town ordinances and other regulations relating to utility relocation will remain in effect. 4.5.2 Specific Public Projects. The following specific public projects are identified as advancing and promoting the purposes of this Plan and are considered eligible for expenditure and financing, such expenditures include but are not limited to planning, design, engineering, legal, construction, installation, property acquisition, and property improvement. The following list of specific public projects is not intended to be exclusive and actual public projects may vary in design, location and use as deemed appropriate during the applicable development and design review process in accordance with the Avon Development Code and other applicable Town processes. Potential improvements to Nottingham Park; Key Program Elements • Flexible multi-purpose community space with support facilities for the Avon Pavilion and other events at Nottingham Park; Avon Urban Renewal Plan Page 11 of 16 Town Center West Area Revised November 10, 2015 • Public restrooms; • Expanded turf areas for ballfelds, including a championship size soccer field, and additional venue seating for Avon Pavilion and other events at Nottingham Park; • Improved connection to the Main Street Mall; and • Parking facilities to support. Nottingham Park and to meet other public demands. Other Desired Elements • Improved connection to the Eagle River and the regional trail system; • Indoor ice arena; • Outdoor ice rink/summer splash park; • Covered outdoor ice rink/ summer flex space; • Nordic center with groomed trails; • Concessions/skate and ski rentals; • Better connectivity to neighborhoods to the West; • Designed areas with appropriate utility connection, ingress and egress for food trucks; • Skate park; • Bike share facilities; • Pedestrian amenities; • Children's music park; • Wading lagoon; • Picnic pavilion; • Dog park; • Community fire pit; • Relocated playground; • Relocated paddle boats; • Mixed Use building including conference/event space, lodging, andlor affordable housing; and • Incorporate parking structure. Potential Improvements to Fire Station site; • Construction of a new Town Hall facility; • Live/work development; • Workforce housing; • Art studio with artists in residence; and • Skatepark. Potential New Town HalI Facility: • Acquisition and interior finish of the Phase 1 B Office Building in the Mountain Vista Resort Subdivision, Avon Colorado, for a new Town Hall facility. Avon Urban Renewal Plan Page 12 of 16 Town Center West Area Revised November 10, 2015 ■ Acquisition and improvement of other property within the Vilest Town Center Urban Renewal Plan Area for a new Town Hall facility. 4.6 Other Improvements and f=acilities. There could be other non-public improvements in the Urban Renewal Area that may be required to accommodate development. The Authority may assist in the financing or construction of these improvements to the extent authorized by the act and other applicable law. 5.0 PROJECT IMPLEMENTATION. The Act allows for a wide range of activities to be used in the implementation of an urban renewal area. It is the intent of the Authority to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish the objects of the Plan. Public-private partnership and other forms of cooperative development will be key to the Authority's strategy for preventing the spread of blight and eliminating blight conditions. This Plan does not authorize the use of eminent domain by the Authority. In order for the Authority to exercise eminent domain powers in the future, the Town Council must approve a substantial modifications tot he Urban Renewal Plan and comply with the applicable requirements of the Act. 5.1 Property Acquisition and Land Assemblage. The Authority may acquire property by negotiations or any other method authorized by the Act other than eminent domain, as discussed in Section 5.0 above. The Authority may temporarily operate, manage and maintain property acquired in the Urban Renewal Area. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 5.2 Relocation Assistance. It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individual, families, or business concern. However, if such relocation becomes necessary, the Authority shall adopt a relocation plan in conformance with the Act and consistent with specific objectives which will he identified in that Plan. 5.2.1 Mitigate inconvenience and expense. Development of any relocation program for the Area will be designed to mitigate the inconvenience and expense of individuals, families and business concerns that may be displaced by acquisition of property by the Authority. 5.2.2 Information Program. Any relocation program will be accompanied by an information program to keep all affected parties advised of relocation activities on a continuing basis and to encourage all such parties to keep the Authority informed of their needs and requirements. 5.3 demolition, Clearance, and Site Preparation. In carrying out this Urban Renewal Plan, it is anticipated that the Authority may be required to demolish and clear buildings, structures and other improvements from property in the Urban Renewal Area. Additionally, the development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. Avon Urban Renewal Plan Page 13 of 16 Town Center West Area Revised November 10, 2015 With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements from property pursuant to this Urban Renewal Plan if in the judgment of the Authority such buildings, structures and other improvements can not be rehabilitated in accordance with this Urban Renewal Plan. The Authority may also undertake such additional site preparation activities, as it deems necessary, to facilitate the disposition and development of such property. 5.4 Property Disposition. The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for uses in accordance with the Act and this Urban Renewal Plan. All property and interest in real estate acquired by the Authority in the Urban Renewal Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provisions of this Plan and the Act. 5.5 Redevelopment and Rehabilitation Actions. Redevelopment and rehabilitation actions within the Urban Renewal Area may include such undertakings and activities as are in accordance with this Urban Renewal Plan and the Act, including without limitation: demolition and removal of buildings and improvements as set forth herein; acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land or buildings for needed public facilities. The Authority may enter into agreements with private parties or public entities to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelopment and rehabilitate the Urban Renewal Area. 5.6 Redevelopment Agreements. The Authority is authorized to enter into Redevelopment Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Urban Renewal Plan. Such Redevelopment Agreements, or other contracts, may contain such terms and provisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Urban Renewal Plan and the Act, and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Urban Renewal Plan or as may otherwise be authorized by the Act and other applicable law. 6.0 PROJECT FINANCING 6.1 Public Investment Objective. It is the intent of the Town Council and the Authority that the public sector play a significant role in revitalization efforts as a strategic partner. However, experience has proven that a critical component to the success of any revitalization strategy is participation by both the public and private sector. Leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. Typical public investments may include but are not limited to: unifying streetscape elements, improving access, circulation and connections to future transit improvements; providing for gateway Avon Urban Renewal Plan Page 14 of 16 Town Center West Area Revised November 10, 2015 improvements and public parking; completing utilities and other infrastructure improvements; public buildings and facilities; and, facilitating creation of special districts or other financing mechanisms. 6.2 Authorization. The Authority may finance this Urban Renewal Pian by any method authorized under the Act or any other applicable law, including without limitations, the following: issuance of notes and bonds in an amount sufficient to financing all or part of this Plan; borrowing of funds and creation of indebtedness; advancement and reimbursement agreements; federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants for any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. 6.3 Project Revenues Tax Increment Financing The primary method of financing this Plan is expected to be the use of property tax increments as authorized by Section 31-25-107(9), C.R.S. (the "TIF Statute"), which is by this reference incorporated herein as if set forth in its entirety. The property tax increments will be collected, divided, distributed, utilized and in all other ways administered as set forth in the TIF Statute. The Town Council may allocate Town sales tax increments in addition to property tax increments as approving a modification to the Plan in accordance with the Act. The Town and Authority may enter into agreements with other public bodies and private parties to provide financial assistance in support of development projects consistent with this Plan as may be more fully set forth in the provisions of such agreements. Existing agreements between the Town and private parties that are consistent with this Plan are intended to remain in full force and effect. Confluence Metropolitan District and Avon Station Metropolitan District The Town has entered into an intergovernmental agreement dated February 27, 2007 (the "District IGA"), with Avon Station Metropolitan District and Confluence Metropolitan Districts (together, the "Districts"). Pursuant to the District IGA, the Authority shall remit to the Districts any tax increment receipts resulting from real property taxes and specific ownership taxes from property within the boundaries of the Districts as of the date of the District IGA, other than Lot B of the Avon Station Metropolitan District (as described In the Dlstrlct IGA), that would otherwise be payable to the Districts, except for any incremental real property taxes or specific ownership taxes generated by an increase in the total number of permitted dwelling unites or commercial square footage in the zoning entitlements existing as of the date of the District IGA. The Town shall continue to remit such receipts, if any, to the Districts until December 31, 2047. 6.4 Financing Mechanisms and Structures. The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of the Town Council and the Authority to use the tools either independently or in various combinations. Given the obstacles associated with infill development, the Authority recognizes that it is imperative that solutions and Avon Urban Renewal Plan Page 15 of 16 Town Center West Area Revised November 10, 2015 resources be put in place that re comprehensive, flexible and creative. Such resources may include, without limitation, special districts and improvement districts approved by the Town Council. 7.0 CHANGES AND MINOR VARIATIONS FROM ADOPTED PLAN 7.1 Changes in the Approved Urban Renewal Plan. This Urban Renewal Plan may be modified pursuant of the provision of the Act governing such modification, including Section 31-25-107 thereof, as the same may be amended from time to time. 7.2 Minor Variations. In specific cases, where a literal enforcement of the provisions contained the Urban Renewal Plan constitutes an unreasorable limitation beyond he intent and purpose of these provisions, the Authority may allow minor variations from these provisions to the extent authorized by the Act and other applicable law. 7.3 Cooperation Agreements. For the purposes of implementing this Plan, the Authority may enter into one or more Cooperation Agreements with the Town or other public bodies pursuant to the Act. Such Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Urban Renewal Plan and its projects, as well as programs, public works operations, or activities which the Authority, the Town or such other public body is otherwise authorized by law to undertake, including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/or other eligible improvements within the Urban Renewal Area. The Town and Authority recognize the need to cooperate in the implementation of this Urban Renewal Plan for purposes including, without limitation, project financing and administering the construction of public improvements. This paragraph shall not be construed to require any particular form of cooperation. 8.0 INTERPRETATION. The language in this Urban Renewal Plan shall be interpreted to conform to the Act, and if there is any conflict between the Act and this Urban Renewal Plan, the provisions of the Act shall control. 9.0 SEVERABILITY. If any portion of the Urban Renewal Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Urban Renewal Plan. Avon Urban Renewal Plan Page 16 of 16 Town Center West Area Revised November 10, 2015 AVON PLANNING & ZONING COMMISSION MEETING MINUTES TUESDAY, MAY 2, 2023 100 MIKAELA WAY -AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY CHAIRPERSON NUSBAUM AT 5:01 PM. n C O L O R A D O A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE MARTY GOLEMBIEWSKI, BILL GLANER, ANTHONY SEKINGER, AND KEVIN HYATT. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, PLANNER 1+ MAX MORGAN. ALSO IN ATTENDANCE WERE APPLICANTS: BRITTANY RICHARDS OF WILDRIDGE, AND DAVE WILKISON, GENERAL CONTRACTOR FOR ANACOSTIA LLC. ALSO PRESENT WAS CHADD ZIEGLER OF WILDRIDGE. TOWN MANAGER, ERIC HEIL, JOINED THE MEETING AT THE BEGINNING OF ITEM 6. COMMISSIONERS DONNA LANG WAS PRESENT TO START THE MEETING BUT WAS NOT ABLE TO ATTEND AFTER ITEM 1. COMMISSIONER SCHAEFER WAS NOT PRESENT. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA, AND COMMISSIONER GOLEMBIEWSKI SECONDED THE MOTION. THE AGENDA WAS APPROVED WITH A UNANIMOUS VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS ACTION: THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED. 4. CONTINUED 5. PUBLIC HEARINGS 5.1. TEMPORARY USE PERMIT EXTENSION FOR STAGING AREA: LOT 1, VILLAGE AT AVON FILING 1 / 332 E. BEAVER CREEK BLVD (PLANNING DIRECTOR MATT PIELSTICKER ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #TMP22002 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 5.2. VARIANCE FOR ROOF EXPANSION: LOT 12, BLOCK 1, WILDRIDGE / 2190 SADDLERIDGE LOOP (PLANNER 1+ MAX MORGAN ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE #VAR23001 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 5.3. MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR ADDITION: LOT 12, BLOCK 1, WILDRIDGE / 2190 SADDLERIDGE LOOP (PLANNER 1+ MAX MORGAN ACTION: COMMISSIONER GOLEMBIEWSKI MOTIONED TO APPROVE #AEC23003 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE #MNR23010 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 5.4. MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR ADDITION: LOT 41, BLOCK 3, WILDRIDGE / 4530 FLAT POINT (PLANNER 1+ MAX MORGAN Page 1 of 2 ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #AEC23004 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5- 0 VOTE ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #MNR23009 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 6. WORK SESSION 6.1. DOWNTOWN DEVELOPMENT AUTHORITY (TOWN MANAGER ERIC HEIL) 7. CONSENT AGENDA ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 8. FUTURE MEETINGS 8.1. MAY 9, 2023 - TOWN COUNCIL APPOINTMENTS FOR OPEN TERMS 8.2. MAY 16, 2023 - NEW COMMISSIONER SWEARING IN & TRAINING SESSION 9. ADJOURN THE MEETING WAS ADJOURNED AT 6:44 PM. THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. APPROVED: CHAIRPERSON Page 2 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: April 26, 2022 TYPE OF APPLICATIONS: Temporary Use Permit (Extension) PROPERTY LOCATION: 332 E. Beaver Creek Blvd / Filing 3 Village at Avon FILE NUMBER: TMP22002 APPLICANT: BGV Avon, LLC — Graham Frank Avo n C- L C 1 1 C 0 This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) DECISION ON #TMP22002: Approved Findings: 1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of the Development Code; 2. The application is complete; 3. The application provides sufficient information to allow PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; and 5. There is no extra demand for public services or infrastructure exceeding current capacity by the application. Conditions: 1. The approval is valid until November 15, 2024; 2. Fencing at the North Rodeo site will be maintained, and any mud tracking onto the roadway will be cleaned daily. 3. Limitations on construction activities that produce audible noise at the property lines are limited to the hours of 9am-6pm on Sundays and holidays, and 7am-7pm on other days. 4. Dust will be mitigated on an ongoing basis. 5. No hazardous materials will be stored on the properties. 6. Rodeo site will be restored to a similar condition or better than when the use commenced in 2022. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: DATE: PZC Chairperson PZC Record of Decision: TMP22002 PLANNING AND ZONING COMMISSION Q,vo n FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: May 2, 2023 TYPE OF APPLICATIONS: Variance / Alternative Equivalent Compliance / Minor Development Plan PROPERTY LOCATION: Lot 12 - Block 1 - Wildridge ADDRESS: 2190 Saddle Ridge Loop A FILE NUMBER: VAR23001 / AEC23003 / MNR23010 APPLICANT: John Martin (Martin -Manley Architect) This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION ON VAR23001: Approved FINDINGS: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity. 2. That the granting of the Variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. 3. That the variance has been substantiated as warranted. More specifically: a. The strict or literal interpretation and enforcement of the regulation results in practical difficulty or unnecessary physical hardship. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity, and c. That the strict or literal interpretation and enforcement of the specified regulation deprives the applicant of privileges, specifically to protect the foundation of their residential space. DECISION ON AEC23003: Approved FINDINGS: 1. The proposed application was reviewed pursuant to 7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than the compliance with the subject standard; 5. The proposed roof pitch does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Municipal Code ("AMC'). PZC Record of Decision: VAR23001 / AEC23003 / MNR23010 Pagel of 2 DECISION ON MNR23010: Approved 1. The proposed application was reviewed pursuant to 7.16.080(f), Development Plan; 2. The design meets the development and design standards established in the Avon Development Code, with alternative design approved by AEC application; 3. The application is complete; 4. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 5. The application complies with the goals and policies of the Avon Comprehensive Plan; 6. The demand for public services is unaffected; and 7. The renovations relate to the character of the surrounding community and other similar improvements in the Wildridge PUD. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: DATE: PZC Chairperson PZC Record of Decision: VAR23001 / AEC23003 / MNR23010 Page 2 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION Avon DATE OF PUBLIC HEARING: May 2, 2023 TYPE OF APPLICATIONS: Alternative Equivalent Compliance / Minor Development Plan PROPERTY LOCATION: Lot 41 - Block 3 - Wildridge ADDRESS: 4530 Flat Point B FILE NUMBER: AEC23004 / MNR23009 APPLICANT: Teresa Wible & Dave Wilkison (AWI Construction) This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION ON AEC23004: Approved FINDINGS: 1. The proposed application was reviewed pursuant to 7.16.120, Alternative Equivalent Compliance; 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than the compliance with the subject standard; 5. The proposed roof pitch does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Municipal Code ("AMC'). DECISION ON MNR23009: Approved 1. The proposed application was reviewed pursuant to 7.16.080(f), Development Plan; 2. The design meets the development and design standards established in the Avon Development Code, with alternative design approved by AEC application; 3. The application is complete; 4. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 5. The application complies with the goals and policies of the Avon Comprehensive Plan; 6. The demand for public services is unaffected; and 7. The renovations relate to the character of the surrounding community and other similar improvements in the Wildridge PUD. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: DATE: PZC Chairperson PZC Record of Decision: AEC23004 / MNR23009 Page 1 of 1