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PZC Packet 070523AVON PLANNING & ZONING COMMISSION MEETING AGENDA WEDNESDAY, JULY 5, 2023 .4v V /O MEETING BEGINS AT 5:00PM 100 MIKAELA WAY -AVON COUNCIL CHAMBERS G O L O R A D 0 MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS 4. WORK SESSION 4.1. UPDATES ON AVON DOWNTOWN DEVELOPMENT AUTHORITY (TOWN MANAGER ERIC HEIL) 5. REFERRAL 5.1. TRAER APARTMENTS ON PLANNING AREA F NORTH (PLANNING DIRECTOR MATT PIELSTICKER) 6. CONSENT AGENDA 6.1. JUNE 6, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 7. STAFF UPDATES 7.1. STONEBRIDGE HOTEL (SENIOR PLANNER JENA SKINNER 8. FUTURE MEETINGS 8.1. JULY 18, 2023 8.2. AUGUST 1, 2023 9. ADJOURN MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Ordinance 23-02 Referring the Establishment of a �� Downtown Development Authority to a Special Election on (Public Hearing) C o L d H A 1) o DATE: June 23, 2023 SUMMARY: This report provides an overview of Ordinance No. 23-02 Referring the Establishment of a Downtown Development Authority to a Special Election. Town Council approved on first reading Ordinance No. 23-02 on June 13, 2023. Second Reading of the Ordinance next Tuesday also requires a Public Hearing. The following information was also presented in the June 13th report: The Ordinance indicates the proposed DDA boundaries and refers the question of formation of the DDA to a special election on Tuesday, August 29, 2023. The "eligible electors" for the special include residents who are registered voters, property owners and business lessees within the proposed DDA boundary. Council previously held a work session on the process to form a Downtown Development Authority ("DDA") on April 25, 2023. The Town Council provided direction last fall to include the formation of a Downtown Development Authority as a goal for 2023. Included with this Report is a draft Avon Downtown Development Authority Plan document. Presented for Council consideration is the adoption of Ordinance No. 23-02 on 15f Reading. Council is not required to adopt an Avon DDA Plan at this time but is encouraged to adopt the Avon DDA Plan as a "draft" for consideration by the DDA Board of Directors if the formation of the Avon DDA is approved by the voters at the special election. PURPOSE AND GOALS: Downtown Development Authorities are authorized by statute to promote the sound economic growth of a community's central downtown commercial core and alleviate or prevent blight conditions. Avon's workforce's current extreme housing shortages have directly impacted Avon's business community and arrested Avon's businesses' stability and sound growth. The impacts are widespread to the extent of impacting public services as well. Investment in workforce housing and public infrastructure to support a growing community is necessary to support, stabilize and promote the solid economic growth of the Avon community. The draft Avon DDA Plan states that at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the Avon DDA Board and Council. FORMATION PROCESS: Please see the April 6, 2023 Report which describes the formation process. The Avon Planning and Zoning Commission ("PZC") conducted a work session on May 2 and conducted public hearings on May 23 and June 6. The Avon PZC took action to recommend Council proceed with the formation of the Avon Downtown Development Authority and noted that the goal of funding "Community Housing" needs further refinement to identify needs and target housing for appropriate based on income levels and that the impact to other tax entities needs further analysis, especially the impact to Eagle County School District. EMPLOYER SURVEY: The Town of Avon launched an Employer Survey for all businesses within the Avon DDA proposed boundary to gather data on the impact of workforce housing shortages. The questions are included in Appendix B of the Avon DDA Plan. The survey was sent with an initial deadline 970.748.4004 eric@avon.org date of June 9, 2023. Due to a low response rate thus far, the deadline date will be extended into mid-July. The results of the Employer Survey will be included in the Avon DDA Plan. ELIGIBLE ELECTORS: Please see the April 6, 2023 Report which describes eligible electors. More information will be provided at the Council presentation on eligible electors. FINANCIAL CONSIDERATIONS: The Avon DDA is proposed to establish an additional source of funding for Community Housing and public infrastructure and facility projects. Additional funding would occur through "tax increment financing". Tax increment financing authorizes the Downtown Development Authority to capture the increment of increased property tax that occurs through new construction and development. The amount of property tax that is captured depends upon the timing, type and quantity of new construction which occurs in the Avon DDA area. Commercial construction is assessed at a higher rate than residential property and therefore generates a larger increment. The current Avon Urban Renewal Authority tax increment revenues are presented for illustration purposes. Since the adoption of the Avon Urban Renewal Authority in 2006 new construction includes the River Front PUD (i.e. Westin, but not including Lot 1), the Wyndham, the Buck Creek Medical Center, Northside Restaurant (which redeveloped the former Pizza Hut) and Walgreens (which redeveloped the former Denny's). This construction over the last 17 years now results in the following annual tax increment financing revenues: Taxing Entity Mill Levy Percentage AURA Tax Increment Total Property Tax Revenues Avon 8.956 14.29% $ 262,567.00 $ 2,082,427.00I Eagle County 8.499 13.56% $ 249,169.00 $ 1,976,167.00 Eagle County School District 24.649 39.32% $ 772,646.00 $ 5,731,326.00 Colorado Mountain College 4.085 6.52% $ 119,762.00 $ 949,834.00 Eagle River Fire 9.703 15.48% $ 284,467.00 $ 2,256,118.00 Eagle Valley Library 2.763 4.41% $ 81,004.00 $ 642,446.00 Eagle River Water & San 0.759 1.21% $ 22,252.00 $ 176,481.00 Eagle County Health Services 2.774 4.43% $ 81,327.00 $ 645,004.00 Colorado Water 0.501 0.80% $ 14,608.00 $ 116,491.00 Fjnservancy TOTAL 62.689 $ 1,8871802.00 $ 14,576,294.00 The Avon Urban Renewal Authority tax increment financing collects 11.2% of total property tax in Avon. The Avon Station and Confluence Metropolitan Districts are not included in the Avon Urban Renewal Authority tax increment financing because these districts were approved by the Town of Avon as developer financing mechanisms for specific projects. It is anticipated Avon Station, Confluence and Village metropolitan districts would not be included in the Avon DDA tax increment financing because these are districts approved by the Town of Avon as developer financing mechanisms for specific developments within Avon. Page 2 of 4 The AURA Tax Increment shown above will revert the respective taxing entities when the West Town Center Investment Plan expires in 2032. As shown above, the formation of the Avon DDA would result in the Town of Avon pledging its property tax increment for the duration of the Avon DDA. FINANCIAL MODELLING: As specific projects go forward it is possible to estimate the tax increment from those projects and plan for bond financing to support Community Housing and other public infrastructure and public facilities. Considering that it has been 17 years for the West Town Center Investment Area to realize the construction that occurred which generates the current tax increment, it may require 10 years for the Avon DDA to reach this same level of tax increment financing revenue if current projects proceed and the Village (at Avon) is active with new development. This assumes there is not an economic downtown during this period. RELATIONSHIP TO AVON URBAN RENEWAL AUTHORITY: Portions of the Avon DDA overlap the West Town Center Investment Plan area of the Avon Urban Renewal Authority. The West Town Center Investment Plan will expire in 2032. There are two remaining lots within the West Town Center which are zoned Town Center (Lot 3 and Lot B). The Avon URA West Town Center tax increment financing is first in place and would take priority in capturing the property tax increment for Lot 3 and Lot B until 2032. After 2032, the Avon DDA would continue to capture the property tax increment. Funding of a public parking garage on Lot B or the Avon Recreation Center parking is identified as a goal in the West Town Center Investment Plan and as a potential project in the Avon DDA Plan. Another potential projects in the West Town Center Investment Plan area is planning and incentivizing the redevelopment of the Sun Road area (Walgreen's, First Bank and US Post Office). Planning has not commenced in this area. Any redevelopment of this is area is expected to be complex and will require a long lead team to coordinate with existing property owners. It is speculative as to whether redevelopment in this area would commence before the expiration of the West Town Center Investment Plan in 2032. POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of Community Housing in the DDA Plan area. DDA revenue streams may also be used for public infrastructure, facilities and amenities within the boundary. A list of potential projects is included in the draft Avon DDA Plan. It is anticipated and recommended that two high priority projects should include financing of a public parking structure in the West Town Center Investment Plan area and construction of housing that is associated with planned early childhood education facility on Planning Area E. Town of Avon is partnering with Vail Valley Foundation on this project. Initial conceptual designs indicate that 40+ residential apartments could be constructed on Planning Area E and the adjacent Lot 8 in the Village (at Avon). This housing is anticipated to be prioritized for employees of the early childhood education facility, then employees of the Eagle County School District, then employees of charter schools, other early childhood education facilities and day care facilities. IMPACT TO OTHER TAXING ENTITIES: The potential impact to other taxing entities is the future increased property tax revenue that may come from new development which would be collected by the Avon DDA tax increment financing. It is very difficult to predict what the actual impact may be because we don't know the timing, type and quantity of new construction in the Avon DDA boundary. Financial impacts may be mitigated in part by the pending substantial increases in assessed valuation and corresponding increase in property tax revenue. Tax increment financing for development authorities is premised on the theory that the development authorities are tool that promotes more development than would otherwise occur, a higher quality of development that generates higher values, an elevated character of the area that Page 3 of 4 increases the property value of surrounding properties, and thus higher property tax for all taxing entities, after the expiration of the development authority. School districts are treated differently than other taxing entities and receive funding from the State of Colorado to equalize the amount of funding per pupil. Please see Attachment F for more information on the school district budgeting and tax increment financing. REQUESTED ACTION: Council approved first reading of the Ordinance on June 13, 2023 to stay on track for an August 29, 2023 special election. The Council is asked to continue to take public input as it is a public hearing. The Avon DDA formation election requires a specialized voter list which will require the Town of Avon to conduct its own election. The Avon DDA election would not work well as a coordinated election in November with Eagle County. PROPOSED MOTION: "/ move to approve second reading of Ordinance No. 23-02 Referring the Establishment of a Downtown Development Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 — Avon Downtown Development Authority." Thank you, Eric ATTACHMENT A: Report and Materials from June 13, 2023 Council Packet ATTACHMENT A: Ordinance No. 23-02 ATTACHMENT B: Draft Avon DDA Plan ATTACHMENT C: Report on DDA Formation dated April 6, 2023 ATTACHMENT D: School District Finance and Tax Increment Financing Page 4 of 4 TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Ordinance 23-02 Referring the Establishment of a Avon Downtown Development Authority to a Special Election DATE: June 8, 2023 c o L o H A 1) o SUMMARY: This report provides an overview of Ordinance No. 23-02 Referring the Establishment of a Downtown Development Authority to a Special Election. Ordinance No. 23-02 indicates the proposed DDA boundaries and refers the question of formation of the DDA to a special election on Tuesday, August 29, 2023. The "eligible electors" for the special include residents who are registered voters, property owners and business lessees within the proposed DDA boundary. Council previously held a work session on the process to form a Downtown Development Authority ("DDA") on April 25, 2023. The Town Council provided direction last fall to include the formation of a Downtown Development Authority as a goal for 2023. Included with this Report is a draft Avon Downtown Development Authority Plan document. Presented for Council consideration is the adoption of Ordinance No. 23-02 on 1St Reading. Council is not required to adopt an Avon DDA Plan at this time but is encouraged to adopt the Avon DDA Plan as a "draft" for consideration by the DDA Board of Directors if the formation of the Avon DDA is approved by the voters at the special election. PURPOSE AND GOALS: Downtown Development Authorities are authorized by statute to promote the sound economic growth of a community's central downtown commercial core and alleviate or prevent blight conditions. Avon's workforce's current extreme housing shortages have directly impacted Avon's business community and arrested Avon's businesses' stability and sound growth. The impacts are widespread to the extent of impacting public services as well. Investment in workforce housing and public infrastructure to support a growing community is necessary to support, stabilize and promote the solid economic growth of the Avon community. The draft Avon DDA Plan states that at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the Avon DDA Board and Council. FORMATION PROCESS: Please see the April 6, 2023 Report which describes the formation process. The Avon Planning and Zoning Commission ("PZC") conducted a work session on May 2 and conducted public hearings on May 23 and June 6. The Avon PZC took action to recommend Council proceed with the formation of the Avon Downtown Development Authority and noted that the goal of funding "Community Housing" needs further refinement to identify needs and target housing for appropriate based on income levels and that the impact to other tax entities needs further analysis, especially the impact to Eagle County School District. EMPLOYER SURVEY: The Town of Avon launched an Employer Survey for all businesses within the Avon DDA proposed boundary to gather data on the impact of workforce housing shortages. The questions are included in Appendix B of the Avon DDA Plan. The survey was sent with an initial deadline date of June 9, 2023. Due to a low response rate thus far, the deadline date will be extended into mid-July. The results of the Employer Survey will be included in the Avon DDA Plan. 970.748.4004 eric@avon.org ELIGIBLE ELECTORS: Please see the April 6, 2023 Report which describes eligible electors. More information will be provided at the Council presentation on eligible electors. FINANCIAL CONSIDERATIONS: The Avon DDA is proposed to establish an additional source of funding for Community Housing and public infrastructure and facility projects. Additional funding would occur through "tax increment financing". Tax increment financing authorizes the Downtown Development Authority to capture the increment of increased property tax that occurs through new construction and development. The amount of property tax that is captured depends upon the timing, type and quantity of new construction which occurs in the Avon DDA area. Commercial construction is assessed at a higher rate than residential property and therefore generates a larger increment. The current Avon Urban Renewal Authority tax increment revenues are presented for illustration purposes. Since the adoption of the Avon Urban Renewal Authority in 2006 new construction includes the River Front PUD (i.e. Westin, but not including Lot 1), the Wyndham, the Buck Creek Medical Center, Northside Restaurant (which redeveloped the former Pizza Hut) and Walgreens (which redeveloped the former Denny's). This construction over the last 17 years now results in the following annual tax increment financing revenues: Taxing Entity Mill Levy Percentage AURA Tax Increment Total Property Tax Revenues Avon 8.956 14.29% $ 262,567.00 $ 2,082,427.00I Eagle County 8.499 13.56% $ 249,169.00 $ 1,976,167.00 Eagle County School District 24.649 39.32% $ 772,646.00 $ 5,731,326.00 Colorado Mountain College 4.085 6.52% $ 119,762.00 $ 949,834.00 Eagle River Fire 9.703 15.48% $ 284,467.00 $ 2,256,118.00 Eagle Valley Library 2.763 4.41% $ 81,004.00 $ 642,446.00 Eagle River Water & San 0.759 1.21% $ 22,252.00 $ 176,481.00 Eagle County Health Services 2.774 4.43% $ 81,327.00 $ 645,004.00 Colorado Water Conservancy 0.501 0.80% $ 14,608.00 $ 116,491.00 TOTAL 62.689 $ 1,887,802.00 $ 14,576,294.00 The Avon Urban Renewal Authority tax increment financing collects 11.2% of total property tax in Avon. The Avon Station and Confluence Metropolitan Districts are not included in the Avon Urban Renewal Authority tax increment financing because these districts were approved by the Town of Avon as developer financing mechanisms for specific projects. It is anticipated Avon Station, Confluence and Village metropolitan districts would not be included in the Avon DDA tax increment financing because these are districts approved by the Town of Avon as developer financing mechanisms for specific developments within Avon. The AURA Tax Increment shown above will revert the respective taxing entities when the West Town Center Investment Plan expires in 2032. As shown above, the formation of the Avon DDA would result in the Town of Avon pledging its property tax increment for the duration of the Avon DDA. Page 2 of 4 FINANCIAL MODELLING: As specific projects go forward it is possible to estimate the tax increment from those projects and plan for bond financing to support Community Housing and other public infrastructure and public facilities. Considering that it has been 17 years for the West Town Center Investment Area to realize the construction that occurred which generates the current tax increment, it may require 10 years for the Avon DDA to reach this same level of tax increment financing revenue if current projects proceed and the Village (at Avon) is active with new development. This assumes there is not an economic downtown during this period. RELATIONSHIP TO AVON URBAN RENEWAL AUTHORITY: Portions of the Avon DDA overlap the West Town Center Investment Plan area of the Avon Urban Renewal Authority. The West Town Center Investment Plan will expire in 2032. There are two remaining lots within the West Town Center which are zoned Town Center (Lot 3 and Lot B). The Avon URA West Town Center tax increment financing is first in place and would take priority in capturing the property tax increment for Lot 3 and Lot B until 2032. After 2032, the Avon DDA would continue to capture the property tax increment. Funding of a public parking garage on Lot B or the Avon Recreation Center parking is identified as a goal in the West Town Center Investment Plan and as a potential project in the Avon DDA Plan. Another potential projects in the West Town Center Investment Plan area is planning and incentivizing the redevelopment of the Sun Road area (Walgreen's, First Bank and US Post Office). Planning has not commenced in this area. Any redevelopment of this is area is expected to be complex and will require a long lead team to coordinate with existing property owners. It is speculative as to whether redevelopment in this area would commence before the expiration of the West Town Center Investment Plan in 2032. POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of Community Housing in the DDA Plan area. DDA revenue streams may also be used for public infrastructure, facilities and amenities within the boundary. A list of potential projects is included in the draft Avon DDA Plan. It is anticipated and recommended that two high priority projects should include financing of a public parking structure in the West Town Center Investment Plan area and construction of housing that is associated with planned early childhood education facility on Planning Area E. Town of Avon is partnering with Vail Valley Foundation on this project. Initial conceptual designs indicate that 40+ residential apartments could be constructed on Planning Area E and the adjacent Lot 8 in the Village (at Avon). This housing is anticipated to be prioritized for employees of the early childhood education facility, then employees of the Eagle County School District, then employees of charter schools, other early childhood education facilities and day care facilities. IMPACT TO OTHER TAXING ENTITIES: The potential impact to other taxing entities is the future increased property tax revenue that may come from new development which would be collected by the Avon DDA tax increment financing. It is very difficult to predict what the actual impact may be because we don't know the timing, type and quantity of new construction in the Avon DDA boundary. Financial impacts may be mitigated in part by the pending substantial increases in assessed valuation and corresponding increase in property tax revenue. Tax increment financing for development authorities is premised on the theory that the development authorities are tool that promotes more development than would otherwise occur, a higher quality of development that generates higher values, an elevated character of the area that increases the property value of surrounding properties, and thus higher property tax for all taxing entities, after the expiration of the development authority. Page 3 of 4 School districts are treated differently than other taxing entities and receive funding from the State of Colorado to equalize the amount of funding per pupil. Please see Attachment F for more information on the school district budgeting and tax increment financing. REQUESTED ACTION: Council must approve first reading on June 13, 2023 to stay on track for an August 29, 2023 special election. The Avon DDA formation election requires a specialized voter list which will require the Town of Avon to conduct its own election. The Avon DDA election would not work well as a coordinated election in November with Eagle County. PROPOSED MOTION: "/ move to approve first reading of Ordinance No. 23-02 Referring the Establishment of a Downtown Development Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 — Avon Downtown Development Authority." Thank you, Eric ATTACHMENT A: Ordinance No. 23-02 ATTACHMENT B: Draft Avon DDA Plan ATTACHMENT C: Report on DDA Formation dated April 6, 2023 ATTACHMENT D: School District Finance and Tax Increment Financing Page 4 of 4 A .von COLORADO ORDINANCE NO. 23-02 REFERRING THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A SPECIAL ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ADOPT TITLE 4 — AVON DOWNTOWN DEVELOPMENT AUTHORITY WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Avon Town Council ("Council") has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to C.R.S. §31-25-801, et seq., Council, by ordinance, may submit the question of the establishment of a Downtown Development Authority to the qualified electors within the proposed Downtown Development Authority boundary; and WHEREAS, pursuant to Article, Section 20 of the Colorado Constitution and C.R.S. §31-25- 804, any tax or other matters arising under Article, Section 20 of the Colorado Constitution are required to be approved by the qualified electors within the boundaries of the proposed Downtown Development Authority; and WHEREAS, Downtown Development Authorities are quasi -governmental entities that provide organizational focus and financing to support downtown economic developments and improvements; and WHEREAS, an active central business district contributes to the vibrancy and success of the Town for both residents and visitors as a civic, historic, cultural, and economic focal point; and WHEREAS, blighted areas within the Town's central business district substantially impair the sound growth of the Town's central business district; and WHEREAS, the Town of Avon Planning and Zoning Commission adopted a Downtown Development Authority Plan WHEREAS, Council finds and determines it is necessary to establish a Downtown Development Authority, which will, among other things, (a) promote the public health, safety, prosperity, security, and general welfare of the inhabitants thereof and the people of the State of Colorado, (b) serve a public use, (c) halt or prevent the deterioration of property values or structures within the Town's central business district, (d) halt or prevent the growth of blighted areas within the Town's central business district, (e) will assist the Town in the development and redevelopment of the Town's central business district and in the overall planning to restore the Town's central business district, and (f) will be of special benefit to the property within the proposed boundaries of the Downtown Development Authority; and Ord 23-02 Downtown Development Authority Page 1 of 3 WHEREAS, Council finds and determines it is necessary to submit the question of the establishment of a Downtown Development Authority a vote of the qualified electors within the proposed Downtown Development Authority boundary. 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. Establishment of Boundaries. The area within the proposed boundaries of the Avon Downtown Development Authority, as described in "EXHIBIT A: Legal Desciption" and depicted in "EXHIBIT B: Avon Downtown Development Authority Map", attached and incorporated by this reference, is and traditionally has been the location of the principal business, commercial, financial, service, and government center of the Town, and is and has been zoned and used accordingly. Such area is established as being within the "central business district" and "downtown" area of the Town as defined by C.R.S. §31-25-801, et seq. Section 3. Election Call. A special election of qualified electors of the proposed Downtown Development Authority shall be conducted on August 29, 2023, pursuant to the authority and requirements of the Avon Town Charter and C.R.S. §31-25-801, et seq. Such special election shall be held as a mail ballot election in accordance with the laws of Colorado, except as otherwise provided in the Charter or ordinances of the City. The Town Clerk shall be the designated election official. Section 4. Ballot Question No. 1. At the August 29, 2023 special election, there shall be submitted to the qualified electors of the proposed Downtown Development Authority the following ballot question in substantially the following form: Ballot Question No. 1: ESTABLISHING AVON DOWNTOWN DEVELOPMENT AUTHORITY SHALL THE AVON DOWNTOWN DEVELOPMENT AUTHORITY BE ESTABLISHED IN ACCORDANCE WITH TOWN OF AVON ORDINANCE NO 23-02? Section 5. Avon Downtown Development Authority. Upon approval by a majority vote of the qualified electors voting at the election for the establishment of the Avon Downtown Development Authority, the Avon Downtown Development Authority shall be a body corporate and political subdivision with all the purposes and powers now or hereafter authorized by C.R.S. §31-25-801, et seq., and all additional and supplemental powers necessary and convenient to carry out and effectuate its purposes, and such other powers and authority as provided by law, in accordance with and subject to Avon Municipal Code Title 4 — Avon Downtown Development Authority. Section 6. Title 4 — Avon Downtown Development Authority. Title 4 — Avon Downtown Development Authority is hereby adopted in its entirety as set forth in EXHIBIT C: TITLE 4 — AVON DOWNTOWN DEVELOMPENT AUTHORITY attached hereto. Ord 23-02 Downtown Development Authority Page 2 of 3 Section 7. 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. 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 8. 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 9. Safety Clause. 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. Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 13, 2023, and setting such public hearing for June 27, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 27, 2023. BY: Amy Phillips, Mayor APPROVED AS TO FORM: Karl Hanlon, Town Attorney Ord 23-02 Downtown Development Authority Page 3 of 3 ATTEST: Miguel Jauregui Casanueva, Town Clerk LE IBIT A: Le al Description Inter-Mountain NGINEERING Civil Engineers & Surveyors TOWN OF AVON DDA LAND DESCRIPTION -NORTH OF 1-70 A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of the Sixth Principal Meridian. Also being North of the Interstate 70 right-of-way beginning at the Southernmost point of Tract I, Village at Avon Filing 3 and the West right-of-way line of William J. Post Boulevard. Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the Northwest corner of Tract B; Thence Northeast along the North line of Tract B to the Northwest line of Tract F; Thence Northeast to the North corner of Tract F and the Swift Gulch right-of-way; Thence Southeast along the South right-of-way of Switch Gulch to the southeast corner of Tract I on the west right-of-way line of Post Boulevard; Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing; Thence Northeast to the Northernmost corner of Block 2, Avon Landing; Thence southeast to the Northeast corner of Block 3, Avon Landing; Thence continuing on the North line of Block 3 to the Northeast corner of Block 3; Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon Landing and a point on the north right-of-way line of Interstate 70; Thence continuing Northwest along the South line of Block 4, Avon Landing and the right- of-way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2, Stolport Station Subdivision; Thence continuing Northwest along the South line of Stolport Station Subdivision to a point on the South right-of-way line of Post Boulevard; Thence Northwest across Post Boulevard right-of-way to the point of beginning. TOWN OF AVON DDA LAND DESCRIPTION -SOUTH OF 1-70 A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1, 2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being South of the Interstate 70 right-of-way beginning at the Westernmost corner of Tract G, Village at Avon Filing 1 on the Southeast right-of-way line of Tract A, Post Boulevard, also VAIL VALLEY OFFICE 30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620 DENVER OFFICE 9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 info@inter-mtn.net EXHIBIT A: Legal Description �l�\�i�l►[�l�_\�L�L � � _�e1► � � �y:�1�1[�L�Y�1���.[�]�dL�l[�I�l►��1►1�1� being the most easterly corner of Tract A; Thence Southwest along the Southeast line of Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1; Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio Grande Western Railroad right-of-way; Thence West along the North line of the railroad right-of-way to the Easternmost point of Tract D, Village at Avon Filing 1; Thence Northwest along the North line of Tract D and the South right-of-way line of Yoder Avenue to the intersection with the East right-of-way line of Post Boulevard; Thence Southeast along the East right-of-way line of Post Boulevard to the North right-of- way line of the Union Pacific Railroad; Thence Northwest along the North right-of-way line of the Railroad to the Southwest corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square Subdivision; thence continuing northwest along the northerly Railroad right of way line to a point on the southerly boundary line of Tract B-1 of A Resubdivision of Tract B, Chapel Square Subdivision at its intersection with the extension of the East boundary line of Lot 2 of Lot 1/2, Nottingham Station Subdivision; Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to the Southerly right-of-way line of Hurd Lane; Thence Northwest along the South right-of-way line of Hurd Lane and its extension to a point on the West right-of-way line of Avon Road; Thence Northwest along the West right-of-way line of Avon Road to the Southeast corner of Avon Town Square Commercial Condominiums on the North right-of-way line of the railroad right-of-way; Thence Northwest along the North right-of-way line of the railroad to the East right-of-way line of Lake Street; Thence Northeast along the East right-of-way line of Lake Street to the intersection with West Beaver Creek Boulevard right-of-way; Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar Condominiums; Thence Northeast along the East line of Greenbriar Condominiums to the South line of the Interstate 70 right-of-way line. Thence Southeast along the South line of the Interstate 70 right-of-way to the Northeast corner of Lot 1, Village at Avon Filing 1; Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A, Village at Avon Filing 1; Thence Southeast along the North line of Tract A, the North right-of-way line of Post Boulevard to the point of beginning. 2 EXHIBIT A: Legal Description I181TAI►[•]aAMOlill 1N 101•7_\We10 • • 1141:] 12 NIS] ►Ae\blLffill:1►Isfell 0Eela910Eel:re1► ItiU_1•1 A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest boundary of Block 1 to the West corner of Lot 4; Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also being a point on the South boundary line of Nottingham Road; Thence Southeast along the South boundary line of Nottingham Road to its intersection with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots 67 and 68, Block 1, Benchmark at Beaver Creek; Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its extension to the North corner of Lot 67, also being the South boundary of Swift Gulch Road; Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek; Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68 also a point on the North right-of-way boundary line of Interstate Highway 70; Thence continuing along the North right-of-way boundary line of Interstate Highway 70 to the point of beginning. 1\ DRAFT CONCEPT PLAN 2023 .AVO n DOWNTOWN DEVELOPMENT COLORADO AUTHORITY qw 11 ILry C lu-M Roc kie s TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC TOTAL ACREAGE OF PROPOSED DDA AREA: 294.1 AC OR 5.5% OF THE TOWN OF AVON jilli..CIil9liill� 111V t��i�� ��2��►.gyp '���iii ����� _ �/�� � � iii„0 :•��c� pli���I :>_ . 905.4 N Y a � 4 d 49 A Fw • r� FRAVg 'i EXHIBIT C — TITLE 4 — Avon Downtown Development Authority Title 4 — Avon Downtown Development Authority 4.04 Establishment. There is hereby established the Avon Downtown Development Authority, which shall be referred to as the Avon DDA. 4.04.010 Purpose. The purposes of the Avon DDA are set forth generally in the DDA Statutes and set forth more specifically in the DDA Plan. 4.04.020 Authority. The Avon DDA shall have all authority set forth in the DDA Statutes and all authority under the Town of Avon's Home Rule Charter. 4.04.030 Interpretation. The DDA Statutes and this Title 4 shall be liberally construed to effect the purposes and objects of this Title 4. This Title 4 shall supersede the DDA Statutes in the event of any conflict. 4.08 Definitions. The definitions set forth the in DDA Statutes shall apply unless the conflict with any provision in this Title 4. Avon DDA means the Avon Downtown Development Authority as authorized and defined in C.R.S. §31- 25-801 et. seq. DDA Board means the board of the Avon DDA DDA Plan means the plan of development document for the Avon DDA that is required to be adopted in the DDA Statutes. DDA Statutes means C.R.S. §31-25-801 et. seq. TIF means tax increment financing 4.12 Duties. The DDA Board shall have the following duties: 4.12.010. Review and Approval Authority. (1) DDA Plan. The DDA Board shall review and adopt a DDA Plan, which shall be subject to concurring Council approval. (2) DDA Budget. The DDA Board shall review and adopt the annual DDA budget, and any revisions thereto, which shall be subject to concurring Council approval. (3) Plan of Development Area. The DDA Board shall review any Plan of Development Area and shall provide recommendations to the Council on the adoption of any Plan of Development Area. 4.12.020 Public Hearing. The DDA Board shall conduct a public hearing prior to taking action to adopt a DDA Plan, adopt the annual DDA budget or any amendments thereto, or adopt a recommendation on a Plan of Development Area. EXHIBIT C — TITLE 4 — Avon Downtown Development Authority 4.12.030 Criteria for Actions. The DDA Board shall consider whether proposed actions support or advance the purposes of the DDA Plan, DDA Statutes, or Avon Comprehensive Plan which considering any actions within the review and approval authority of the DDA Board. 4.12.040 Time for Action. The DDA Board shall take action on the adoption of the DDA Plan or recommendation of a Plan of Development Area within seventy-five (75) days of referral of such documents and shall take action on the annual budget or any amendments to the annual budget within forty-five (45) days of referral of such document. The failure to take action to adopt or recommend a document referred to the DDA Board within the defined timeframe shall be deemed an approval of the DDA Board unless Council extends the time for such action. 4.16 Relationship to Council. The actions of the DDA Board shall be subject to review and approval of Council: (1) DDA Plan. The adoption of the DDA Plan and any amendments to the DDA Plan by the DDA Board shall be subject to approval by Council. (2) Budget. The adoption of the annual budget and any revisions to the annual budget for the DDA shall be subject to approval by Council. Council shall have the authority to adopt the DDA budget as may be required for to satisfy debt payments and contractual terms. (3) Plan of Development Area. The approval of a Plan of Development Area which receives DDA TIF funding by the Avon DDA shall be approved by Council after considering recommendations of the DDA Board. 4.20 Board Membership. The DDA Board shall be composed of five (5) to eleven (11) members appointed by the Council, which shall include one (1) member of Council. 4.24 Qualifications of DDA Board Members. The qualifications of DDA Board members are set forth in the DDA Statutes. 4.28 Quorum. A majority of the duly appointed members of the DDA Board shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. 4.32 Term. The term of office for a DDA Board member shall be four (4) years on an overlapping tenure. The initial terms shall be staggered as set forth in C.R.S. §31-25-805(2). 4.36 Vacancies. A vacancy on the DDA Board shall occur whenever a member of the DDA Board is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a qualified member of the DDA Board or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. EXHIBIT C — TITLE 4 — Avon Downtown Development Authority 4.40 Removal from Office. A members of the DDA Board may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the DDA Board member stating the grounds for removal at least three (3) days prior to the hearing. 4.44 Officers. The DDA Board shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. 4.48 Compensation. All members of the DDA Board shall serve with compensation at a rate established annually by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a DDA Board member. 4.52 Staff. The Town Manager shall serve as the Executive Director of the DDA Board and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the DDA Board. 4.56 Rules and Regulations. The DDA Board shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the DDA Board shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the DDA Board or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The DDA Board may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. 4.60 Meetings. The DDA Board shall meet in accordance with the rules of procedure governing the Avon DDA and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. 4.64 Authority to Retain Consultants. The DDA Board may request the Town to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose, to advise and assist the DDA Board in performing the functions prescribe in this Title 4. The consultants may be retained to advise the DDA Board on a single project, on a number of projects or on a continuing basis. 0 ..1; P .. s ,o, on DEFINITIONS: Avon Downtown Area means the area designated as the Avon Downtown Development Authority boundary which is a portion of the Avon Central Business District. Benchmark Area means the portion of the original plat of Avon which includes the mixed-use commercial areas east of Lake Street, west of the Village (at Avon) and including the Nottingham Station and commercial areas on the north side of the Avon Road —1-70 Interchange. CARADA means the Consolidated and Restated Annexation and Development Agreement between the Town of Avon and Traer Creek, LLC concerning the development of the Village (at Avon). Community Housing means housing which meets the definition stated in Avon Municipal Code §3.14.020. Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub -area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time, provided that such amendments or supplemental documents are adopted by ordinance. Council means the Town Council of the Town of Avon. DDA Plan means this Avon Downtown Development Authority Plan adopted in accordance with the DDA Statutes. DDA Statutes means the authority to organize Downtown Development Authorities set forth in C.R.S. §31- 25-801 et. seq. Village (at Avon) means the portion of the Village (at Avon) development, which is situated on the valley floor, including Planning Areas A, B, C, D, E, F, G, H and J. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 1 of 13 1.0 INTRODUCTION 1.1 Statutory Authority. Colorado statutes set forth the authority to organize Downtown Development Authorities in C.R.S. §31-25-801 et. seq. ("DDA Statutes"). This Downtown Development Authority Plan document ("DDA Plan") is intended to meet the requirements of the Downtown Development Authority statutes to adopt a Plan document. This DDA Plan shall be liberally construed to effect the purposes and objectives set forth in this DDA Plan. C.R.S. §32- 25-801(2) states: The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8, but it shall be liberally construed to effect the purposes and objects for which it is intended. 1.2 Purpose. The legislative declaration is set forth in C.R.S. §31-25-801(a) states the purposes as: a Will serve a public use; b. Will promote the health, safety, prosperity, security, and general welfare of the inhabitants and people of this state; a Will halt or prevent deterioration of property values or structures within central business districts; d Will halt or prevent the growth of blighted areas within such districts; and a Will assist municipalities in the development and redevelopment of such districts and in the overall planning to restore or provide the continuance of the health thereof; and Will be of especial benefit to the property within he boundaries of the authority. In particular and more specifically, the purpose of the Avon DDA includes development of Community Housing in the Avon Downtown Area to provide additional workforce housing and to sustain and enhance a critical mass of residents in the Avon Downtown Area necessary to support neighborhood businesses and to support the public infrastructure and public facilities which sustain and enhance the attractiveness of business investment in the Avon Downtown Area. 1.3 Formation Process. The formation process followed the DDA Statutes and included review for comment and recommendation by the Avon Finance Committee and outreach to Eligible Voters, interested members of the public, affected taxing entities, and other stakeholders. 1.4 Eligible Voters. Eligible Voters include residents in the DDA boundaries who are registered to vote in Colorado, property owners and business lessees, as defined in the DDA Statutes. 1.5 Governing Body. The governing body of the DDA is comprised of qualified persons who are appointed by Council and as may be further defined in the Avon Downtown Development Authority Chapter of the Avon Municipal Code. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 2 of 13 1.6 Administration. Administration of the Avon Downtown Development Authority shall be provided by the Town Manager, the Town of Avon staff, and such consultants as may be retained by the Town of Avon. 1.7 Financing. Financing for the Avon Downtown Development Authority shall occur through Tax Increment Financing and debt financing authorized by the DDA Statutes, contributions by the Town of Avon as may occur in the Council's sole discretion, and such partnership agreements as may be approved by the DDA Board and the Council. 2.0 AVON DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARY 2.1 Statutory Authorization. The DDA Statutes authorize the designation of a Downtown Area within the Central Business District. 2.2 Boundary. The Boundary of the Avon DDA is depicted below and described more specifically in Appendix A. I ■ DRAFT CONCEPT PLAN 2023 TOTAL AC R EAGE OF AVON TOWN LIMITS: 53914 AC TOTAL ACREAGE OF PROPOSE) DIM AREA Including ROWO 294-1 AC OR 5.5%OF THE TOWN OF AVON ,avon WN DEVELOPMENT AUTHORITY Jt ate Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 3 of 13 2.3 Analysis. The Benchmark Area was originally approved in the late 1970's and includes the East Town Center and West Town Center commercial areas. The Village (at Avon) was approved in 1998. Interchanges on 1-70 were constructed for Avon Road and Post Boulevard. A majority of parcels in the Benchmark Area have been developed, although there are numerous properties which are underdeveloped in relationship to zoning and desired high-density mixed-use development envisioned in the Comprehensive Plan. The Village (at Avon) is partially developed. The DDA Boundary area focuses on the area of Avon's central business district that zones and envisions mixed-use development with high-density residential, accommodations, neighborhood commercial and regional retail and services. 3.0 EXISTING CONDITIONS 3.1 Description of Area. The DDA Plan area includes 294.1 acres of land centrally located on the valley floor, as properly described in Appendix A . The boundary is bordered to the West by Lake Street and Harry A. Nottingham Park. The South boundary generally follows the Union Pacific Railway except for Nottingham Station, a grouping of underdeveloped commercial properties ripe for redevelopment. The North boundary generally follows Interstate 70, except for Neighborhood Commercial zoned properties at the Avon Road Interchange, and Planning Area J at the Post Boulevard Interchange. Properties within the DDA Plan area are generally undeveloped or underdeveloped based on existing entitlements and Comprehensive Plan documents. Circulation systems are mostly in Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 4 of 13 place. One notable exception is a future "North Road" to parallel East Beaver Creek Boulevard through the undeveloped valley floor in the Village (at Avon). Realignment of Benchmark Road from Roundabout 4 to connect with the Village (at Avon) road system is also a major effort identified the Comprehensive Plan. 3.2 Village (at Avon). Street Infrastructure. Major development within the Village (at Avon) between East Town Center and Post Boulevard will require street extensions and a new "North Road" be constructed. All dimensional road standards and triggers for construction are maintained in the Village (at Avon) PUD. b. Development Areas. The DDA Plan Boundary focuses on Planning Areas A, B, C, D, E, and F in the valley floor, and Planning Area J on the north side of Interstate 70. Planning Area A will add significant mixed-use development, effectively extending the Town Center density further east. Planning Area A measures 43 acres and includes entitlements for most residential and commercial land uses, including hospital use and hotel use with increased building heights. Development is anticipated to be dense, with increased site coverage and a more urban development pattern akin to the East and West Town Center areas. Planning Area 8 is Town owned, centrally located "Community Facility" parcel dependent on adjacent planning and development activities. This 4 acre parcel is expected to accommodate the needs of future residents and guest to the area, and is required to include water storage and features. The boundaries of Planning Area B may be modified through development and significant adjacent infill. Planning Area C is another planned mixed-use area with 24 acres (before North Road construction) of potential development between Interstate 70 and the planned linear park system. Planning Area D includes the balance of mixed-use valley floor development potential, with 14.4 acres. This area is zoned for 18 units per acre and also includes hotel and guest accommodation possibilities, educational uses, and hospital uses. Planning Area E is owned by the Town of Avon and is earmarked for educational uses. Current plans include an early childcare facility with ancillary housing for educators. This planning area is centrally located with adjacency to Post Boulevard. Planning Area F includes the Piedmont apartments on the south half of the site. While commercial uses are permitted, it is anticipated that with additional high density housing will be developed here. Planning Area J currently houses the Eagle County Paramedics facility. A 240 unit hotel and gas station are under construction, with more planned development around Wagon Trail Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 5 of 13 Road and the Interstate 70 Interchange. Uses will be more commercial in nature, however, Community Housing opportunities have been identified in this area. The Village (at Avon) PUD Master Plan Buts. �w md�a W-sl�osr -Dsa 16Y n-nn� a I-ra<I.a la � Fea-nsrr.aq { �P16-1JOe IkIY1' 1 �aH-lWkMM 1 a9� a- a�•p RaeS { �c vbageu.a.l xam cs r,oln W �D-wib a.a„n�ww u. vAye vA � z arAa a �! aymal[�uucl Y'ad Vas Y+va+� H.f �'k-aed-+e�lssw uae Kaye �F-Hpa.ICwRM6wee V� Fe 6Y 1 � mw,.e•iiNlv[a,a W Ld,.o-,dl.M a..ilr.Fl M:..d Y.. R:a 91 eaee. n-awu*,c-mime w.m.,aa Faoa 0 eeus aauexmloemm n.rq __ 8°_ 60SIQPAL 1691 31 LVIAL 9 PRO7LCf l'�'fAt 1779 �cmx 'IAMA R • nloaado]iedeNll.bWey wanpr�y 9Y A1c�me oNy al. 8<� r u edo.. •d.Ili9V a+mWaF iultlaaec L1xeu aaa,, al pn Avon Parks and Trails. A linear park ("P1") and path are planned to stretch from Post Boulevard all the way to Planning Area B. Additionally, a pocket park is located between Home Depot and Wal-Mart. Connectivity of private development to local and regional trail systems will be an integral part of infill development. d. Early Childhood Education. Plans for an Avon -based early childcare education facility are planned for Planning Area E. This facility would be a first of its kind in Avon public-private partnership, including Community Housing for educators on-site. e. Parking Structure. Parking structure(s) development is anticipated, especially in Planning Area A where density and site coverage will necessitate facilities. f. Development Entitlements. The Village (at Avon) PUD and Development Plan contains full vesting until October 20, 2039, with a total of 825,000 sq. ft. of Commercial Uses and 2,400 Dwelling Units. Portions of the Village (at Avon) may develop additional commercial square footage and density. At least 500 of the dwelling units must meet employee housing definitions, comparable to Community Housing definition herein. tones .y»lafaa+n.o,.y�.a.ya roe:-Ma=�•�x i7lis Plfh Maecel Fl- Avon Downtown Development Authority Plan May 31, 2023 -DRAFT Page 6 of 13 AUFendm e,e ....a.rmd.ma5xima�..wa�m. x�mlo'peeaae.m.oeaa.a,• - .i..h •vem.m hrn. io. mt�vum�]. ema)run m,�aee-e a..., -d wnc,w.. pee�IDgeF�sn Fui,ln.wo Flj agae,m y 1 v. �mc ego._ ��{ue m mil ttne.clwmeee aeeewv mrmv.o.� � emvoe.. p a�en<a..noa. poo<oaa fo��swnlWs m n -e.�.i-. oa - eame�mu�-Mm ie vi. yu�N ewaaa•eaoA'r- :.� nxsm..� �a�d.•.aex..i4ee�ivncLL�a.- oefc]o�i �}'ui.q.��,�.00l vuo V4 �.. MTwn inn ml�uch mdv M W renewcoouon �cmx 'IAMA R • nloaado]iedeNll.bWey wanpr�y 9Y A1c�me oNy al. 8<� r u edo.. •d.Ili9V a+mWaF iultlaaec L1xeu aaa,, al pn Avon Parks and Trails. A linear park ("P1") and path are planned to stretch from Post Boulevard all the way to Planning Area B. Additionally, a pocket park is located between Home Depot and Wal-Mart. Connectivity of private development to local and regional trail systems will be an integral part of infill development. d. Early Childhood Education. Plans for an Avon -based early childcare education facility are planned for Planning Area E. This facility would be a first of its kind in Avon public-private partnership, including Community Housing for educators on-site. e. Parking Structure. Parking structure(s) development is anticipated, especially in Planning Area A where density and site coverage will necessitate facilities. f. Development Entitlements. The Village (at Avon) PUD and Development Plan contains full vesting until October 20, 2039, with a total of 825,000 sq. ft. of Commercial Uses and 2,400 Dwelling Units. Portions of the Village (at Avon) may develop additional commercial square footage and density. At least 500 of the dwelling units must meet employee housing definitions, comparable to Community Housing definition herein. tones .y»lafaa+n.o,.y�.a.ya roe:-Ma=�•�x i7lis Plfh Maecel Fl- Avon Downtown Development Authority Plan May 31, 2023 -DRAFT Page 6 of 13 3.3 East Avon. This East Avon area is largely characterized as "suburban" development with mostly 1-2 story buildings surrounded by large surface parking. The lot layout is inconsistent, and street network is inadequate for the planned redevelopment. This area is poised for redevelopment of underutilized parcels. Primary redevelopment will include the realignment of Benchmark Road from Roundabout 4 to the connection with the Village (at Avon), infill Community Housing, and supporting commercial uses in a more walkable layout. A parking facility or multiple smaller facilities will likely replace the expansive surface parking that currently exists. 3.4 West Avon. The West Avon district contains a mix of high-density mixed-use development. Notable infill parcels include Lot B and Lot 3. A Parking Structure will likely be necessitated with planned growth in the area, with proximity to park, gondola, and all commercial uses in the Town Core. Sun Road can be viewed as one of the most underdeveloped set of four "Town Center" zoned parcels. Finishing the Main Street Pedestrian Mall and connecting with Harry A. Nottingham Park has been identified in the Comprehensive Plan as a top priority. 3.5 Nottingham Station. This area contains one story shops and a fast-food operator. Additional development and/or redevelopment is expected given the location to essential services and other guest services, including the Riverfront Gondola. 3.6 Northside Commercial. The Northside area includes two gas stations, a tire/lube shop, and two vacant properties. Neighborhood Commercial ("NU) Zoning accommodates an influx of Community Housing potential, with other supporting commercial activities. 3.7 Blight Conditions. Avon has identified numerous conditions in the DDA Plan area that meet the character and conditions meeting the definition of Blighted Area per C.R.S. §31-25-802: "Blighted area" means an area within the central business district which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, unusual topography, defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the central business district, 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 in its present condition and use. Attachment C to this DDA Plan documents several occurrences of deteriorated structures, inadequate street layout, unsafe intersections, inadequate vehicular and pedestrian access, and faulty lot layouts. 4.0 RELATIONSHIP TO COMPREHENSIVE PLAN. This DDA Plan is intended to promote and support specific projects and related private projects and investment which are compatible with the Comprehensive Plan, and each of the sub -plans of the Comprehensive Plan. The Comprehensive Plan and each of its sub -plans shall be considered, especially the Avon Community Housing Plan. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 7 of 13 5.0 PLAN OBJECTIVES 5.1 Introduction. The DDA Plan is intended to sustain and enhance the long-term commercial health of Downtown Avon by increasing Community Housing and funding public infrastructure and facilities which promote business investment. Mixed -Use developments and integration of Community Housing into the Commercial Core will promote a walkable, pedestrian friendly and transit oriented built environment that will create desirable neighborhoods while implementing climate action strategies. A critical mass of full-time residents will support and sustain neighborhood businesses, which in turn will increase the uniqueness and attractiveness of Avon as a destination for visitors. The combination of commercial and residential uses will further promote development and redevelopment of the entire Downtown 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. 5.2 Community Housing. Current zoning in Benchmark portion of Downtown Avon allows for redevelopment with an estimated 750-1500 residential units, depending upon the mix of commercial units. Current entitlements in the Village (at Avon) portion of Downtown Avon allows for development with an estimated 800 to 1,400 additional residential units, depending upon the mix of accommodations development. The Avon Community Housing Plan states a goal to maintain full-time residential use in at least 50% of Avon's residential development. The number of Community Housing residential units in Downtown Avon required to meet this goal in the Avon Community Housing Plan at full build -out may range from 775 to 1,450 total units. Another objective is to provide adequate workforce housing to meet the needs of employers in Avon. The Eagle County Climate Action Collaborative Plan states a goal to construct workforce housing within five miles of job locations. The Town of Avon's Downtown Area is uniquely within 5 miles of the accommodation and commercial cores of Avon, Beaver Creek/Bachelor Gulch, and Edwards and within nine miles of the Town of Vail's commercial and accommodation areas. Avon's Downtown Area is served by the Town of Avon's fare free bus transit and is centrally located within the Eagle Valley Transportation Authority fare free zone for expanded bus transit. 5.3 Public Infrastructure and Facilities. The development of a high-density, mixed-use urban Downtown Area will require significant investment in public infrastructure and facilities. Public infrastructure investment will be particularly important for parking structures and street realignment associated with redevelopment of East Avon and the Sun Road Sub -Area District. Investment in public facilities which serve an expanding residential population as well as supports Avon's visitor economy may include expansion of the Avon Recreation Center, development of the Planning Area B (Park and Lake area) in the Village (at Avon), and development of recreational trail connections. Support for early childhood educational facilities will also enhance the attractiveness of the Downtown Area as a desirable place for workforce living. 6.0 POTENTIAL PROJECTS. The potential projects listed in this section is not intended to be an exhaustive, exclusive or definitive list; rather, all viable projects which advance the purpose and objectives of the DDA Plan should be considered for support by the DDA Board. This list provides a short overview of current ideas on projects that may benefit from financial support from a DDA. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 8 of 13 6.1 Community Housing. There is a severe shortage of workforce housing. Community Housing projects are a priority focus of the DDA Plan. 50% of the funding of the DDA revenues over the life of the DDA shall be allocated to support the development of new Community Housing, acquisition of deed restrictions on existing residential stock, or other programs and strategies to increase workforce housing in the Downtown Area. 6.2 Parking Structures. Public parking structures are desired to serve a growing population and increased visitor base. Possible locations for parking structures include the Avon Recreation Center parking lot, Lot B [insert subdivision name], the Sun Road Sub -District Area, East Avon in coordination with redevelopment, and the Village (at Avon) in Planning Area A in coordination with a large scale hotel development. 6.3 Streets and Utilities. Street and utilities projects may include any street and utility extension, or upgrade required for a Community Housing project; realignment of the street route between Round -About 4 and the entrance to the Village (at Avon) adjacent to Chapel Square (comprised of East Benchmark Road, a portion of Beaver Creek Place, and Chapel Place); and, realignment or redevelopment of Sun Road. 6.4 Parks and Trails. The Village (at Avon) includes the dedication of Planning Area B, which is a four acre park property that is the probable location for a small lake as described in the CARADA. Planning Area B is intended to be coordinated and integrated with the development of Planning Area A and the final location is likely to change based on development configuration and block platting for Planning Area A in the Village (at Avon). An interior recreation trail is planned to connect Post Blvd to Planning Area B. 6.5 Public Facilities. Public facilities may include expansion of the Avon Recreation Center and construction of an early childhood education center. 7.0 PROJECT FINANCING 7.1 Public Investment Objective. It is the intent of Council and the DDA Board 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. 7.2 Authorization. The DDA Board may approve financing this DDA Plan by any method authorized under the DDA Statutes 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 DDA 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. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 9 of 13 7.3 Project Revenues Tax Increment Financing. The primary method of financing this DDA Plan is expected to be the use of property tax increments as authorized by the DDA Statutes. The property tax increments will be collected, divided, distributed, utilized and in all other ways administered as set forth in the DDA Statutes. b. Funding Agreements. The Town and DDA Board 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 DDA Plan are intended to remain in full force and effect. Confluence Metropolitan District, Avon Station Metropolitan District, Village Metropolitan Districts. The Town has entered into an intergovernmental agreement dated , 2023 with Avon Station Metropolitan District, Confluence Metropolitan Districts, and Village Metropolitan Districts ("District IGAs"). Pursuant to the District IGAs, the DDA Board 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 District IGAs), 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 IGAs. The Town shall continue to remit such receipts, if any, to the Confluence Metropolitan District and Avon Station Metropolitan Districts until December 31, 2047. [NOTE: This section needs more legal review] 7.4 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 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. 8.0 PROJECT APPROVAL PROCESS. Projects which are proposed to be financed in whole or in part with DDA tax increment financing sources shall be reviewed by the DDA Board to determine if such project advances the purposes and objectives in this DDA Plan. The DDA Board shall conduct such work sessions as are appropriate. Projects be subject to: review and recommendation by the Avon Planning and Zoning Commission as set forth in the Avon Development Code; review, comment and recommendation by the Avon Financing Committee; and review and concurring approval by Council. The DDA Board, Avon Planning and Zoning Commission, Avon Finance Committee and Council shall each conduct a public hearing prior to taking final action or providing a recommendation. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 10 of 13 9.0 PLAN AMENDMENTS 9.1 Process. The process for amendments to the DDA Plan allows parties responsible for implementing this DDA Plan to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended Plan Objectives and DDA Projects. The DDA Plan may be amended at any time. If amended after the lease or sale by the DDA of real property in the DDA Boundary 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. The DDA Board or the Avon Town Council may initiate amendments to the DDA Plan. Proposed amendments shall be referred to the Avon Planning and Zoning Commission and the Avon Finance Committee for review, comment, and recommendation. The DDA Board shall consider the comments and recommendations of the Avon Planning and Zoning Commission before taking action on the DDA Plan document. The DDA Board, Avon Planning and Zoning Commission, Avon Finance Committee, and Avon Town Council shall each conduct at least one public hearing before taking action on a proposed amendment to the DDA Plan. 9.2 Content. Amendments to the DDA Plan may include boundary adjustments, changes to the DDA Plan text, updates to information and inclusion of new or updated studies, updates to financing sources and uses, other amendments authorized in the Avon Municipal Code, and other amendments authorized by the DDA Act. 9.3 Review. Each entity which reviews amendments to the DDA Plan may consider change in conditions within the Downtown Development Authority boundary; local, state or national economic changes which may impact the DDA Plan; and whether the proposed amendments to the DDA Plan may improve achieving the purpose of the DDA Plan and implementation of DDA Plan Objectives. 9.4 Adoption. Amendment to the DDA Plan shall be adopted by a Resolution of the DDA Board and the Avon Town Council. 10.0 MISCELLANEOUS 10.1 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. 10.2 Interpretation. The language in this Urban Renewal Plan shall be interpreted to conform to the Act, and if there is any conflict between the Ac and this Urban Renewal Plan, the provisions of the Act shall control. Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 11 of 13 10.3 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. APPENDIX A: Downtown Development Authority Boundary APPENDIX B: Avon Employer Workforce Housing Survey (Results Pending) APPENDIX C: Blight Study/inventory (2023) Avon Downtown Development Authority Plan May 31, 2023 - DRAFT Page 12 of 13 APPENDIX A Anter-Mountain NGINEERING Civil Engineers & Surveyors TOWN OF AVON DDA LAND DESCRIPTION -NORTH OF 1-70 A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of the Sixth Principal Meridian. Also being North of the Interstate 70 right-of-way beginning at the Southernmost point of Tract I, Village at Avon Filing 3 and the West right-of-way line of William J. Post Boulevard. Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the Northwest corner of Tract B; Thence Northeast along the North line of Tract B to the Northwest line of Tract F; Thence Northeast to the North corner of Tract F and the Swift Gulch right-of-way; Thence Southeast along the South right-of-way of Switch Gulch to the southeast corner of Tract I on the west right-of-way line of Post Boulevard; Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing; Thence Northeast to the Northernmost corner of Block 2, Avon Landing; Thence southeast to the Northeast corner of Block 3, Avon Landing; Thence continuing on the North line of Block 3 to the Northeast corner of Block 3; Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon Landing and a point on the north right-of-way line of Interstate 70; Thence continuing Northwest along the South line of Block 4, Avon Landing and the right- of-way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2, Stolport Station Subdivision; Thence continuing Northwest along the South line of Stolport Station Subdivision to a point on the South right-of-way line of Post Boulevard; Thence Northwest across Post Boulevard right-of-way to the point of beginning. TOWN OF AVON DDA LAND DESCRIPTION -SOUTH OF 1-70 A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1, 2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being South of the Interstate 70 right-of-way beginning at the Westernmost corner of Tract G, Village at Avon Filing 1 on the Southeast right-of-way line of Tract A, Post Boulevard, also VAIL VALLEY OFFICE 30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620 DENVER OFFICE 9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 infoanter-mtn.net �l�\�i�l►[�l�_\�L�L � � _�e1► � � ��y:�1�1[�L�Y�1���.[�]�dL�l[�I�l►��1►1�1� being the most easterly corner of Tract A; Thence Southwest along the Southeast line of Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1; Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio Grande Western Railroad right-of-way; Thence West along the North line of the railroad right-of-way to the Easternmost point of Tract D, Village at Avon Filing 1; Thence Northwest along the North line of Tract D and the South right-of-way line of Yoder Avenue to the intersection with the East right-of-way line of Post Boulevard; Thence Southeast along the East right-of-way line of Post Boulevard to the North right-of- way line of the Union Pacific Railroad; Thence Northwest along the North right-of-way line of the Railroad to the Southwest corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square Subdivision; thence continuing northwest along the northerly Railroad right of way line to a point on the southerly boundary line of Tract B-1 of A Resubdivision of Tract B, Chapel Square Subdivision at its intersection with the extension of the East boundary line of Lot 2 of Lot 1/2, Nottingham Station Subdivision; Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to the Southerly right-of-way line of Hurd Lane; Thence Northwest along the South right-of-way line of Hurd Lane and its extension to a point on the West right-of-way line of Avon Road; Thence Northwest along the West right-of-way line of Avon Road to the Southeast corner of Avon Town Square Commercial Condominiums on the North right-of-way line of the railroad right-of-way; Thence Northwest along the North right-of-way line of the railroad to the East right-of-way line of Lake Street; Thence Northeast along the East right-of-way line of Lake Street to the intersection with West Beaver Creek Boulevard right-of-way; Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar Condominiums; Thence Northeast along the East line of Greenbriar Condominiums to the South line of the Interstate 70 right-of-way line. Thence Southeast along the South line of the Interstate 70 right-of-way to the Northeast corner of Lot 1, Village at Avon Filing 1; Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A, Village at Avon Filing 1; Thence Southeast along the North line of Tract A, the North right-of-way line of Post Boulevard to the point of beginning. 2 I181TAI01go] aAMO]ilk all •7_\Wel►• • 11410129[•]►Ae\•lL 4:10IsE l0Eela9I►[el:V-11 1:iU_1•1 A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest boundary of Block 1 to the West corner of Lot 4; Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also being a point on the South boundary line of Nottingham Road; Thence Southeast along the South boundary line of Nottingham Road to its intersection with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots 67 and 68, Block 1, Benchmark at Beaver Creek; Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its extension to the North corner of Lot 67, also being the South boundary of Swift Gulch Road; Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek; Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68 also a point on the North right-of-way boundary line of Interstate Highway 70; Thence continuing along the North right-of-way boundary line of Interstate Highway 70 to the point of beginning. APPENDIX B Ammo n C: _) I •'r a A Ci 7- Q 1. Avon Employer Workforce Housing Questionnaire The Avon Town Council recognizes that the severe shortage of workforce housing is impacting all employers in our community. The Avon Town Council is proposing the formation of a Downtown Development Authority which would create a new source of funds for Community Housing and Public Improvements in the Avon Commercial Core area. No new or increased taxes are proposed. Town of Avon is conducting a survey of employers in Avon to gather data on the shortage of workforce housing and impacts to staffing in order to determine the best housing projects to meet the needs of Avon's employers. The results of this survey will be included as an appendix to an Avon Downtown Development Authority Plan document. Individual business information provided in this survey will remain confidential as proprietary and financial information under the Colorado Open Records Act. The deadline to complete this survey is June 9th, 2023 Q2. Please list the name of your business. Q3. From the options below, please select the business type that best fits your business. Please select all that apply. Lodging Restaurant Retail Office/Services/Consulting Government/Non-Profit Construction/Landscaping Architecture/Engineering Financing/Accounting/Law Firm Spa/Salon/Hair Care Healthcare/Dental Other (please specify) 04. On average, how many FULL-TIME employees do you retain? Summer Winter Year Round Q5. On average, how many PART-TIME employees do you retain? Summer Winter Q6. Thinking about this past 2022 SUMMER season, how many vacant positions were you NOT able to fill due to the lack of workforce housing in Avon? Please enter a numerical value. Vacant Positions: Q7. Thinking about this past 2022/2023 WINTER season, how many vacant positions were you NOT able to fill due to the lack of workforce housing in Avon? Please enter a numerical value. Vacant Positions: Q8. At what salary level positions have you had the most trouble filling due to the lack of workforce housing? Please select all that apply. $30K - $39K $40K - $49K $50K - $59K $60K - $69K $70K - $79K $80K - $89K $90K - $99K $100K - $119K $120K - $129K $130K - $139K $140K and over Q9. Please rate how well you Agree or Disagree with the following statements regarding your business operations over the past year. Staffing shortages due to the lack of workforce housing have forced me to reduce business hours. Staffing shortages due to the lack of workforce housing have delayed or prevented expansion of my business. Staffing shortages due to the lack of workforce housing have negatively Impacted the level of service my business is otherwise able to provide. Staffing shortages due to the lack of workforce housing have negatively Impacted my business's ability to generate revenues and profits. Hiring of desirable and or highly qualified Staff is greatly affected by the lack of available workforce housing. 3 - Neither 1- 2- Agree 4 - Strongly Somewhat nor Somewhat Disagree Disagree Disagree Agree 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 10. If opportunities to purchase workforce housing for your employees were available, would you want to learn more about investing in workforce housing? Yes No Q 11. In your own words, please describe how the shortage of workforce housing has impacted your business. Q 12. In your own words, please describe how the shortage of workforce housing has impacted your business, and whether you think there is a need for more affordable rental or for -sale inventory. APPENDIX C Avon C O L O R A D O Downtown Development Authority Blight Study / Inventory 2023 This document presents the general conditions for the Avon Downtown Development Authority ("DDA") Blight Study ("Study"). Community Development observed these conditions in the DDA boundary area in April, 2023. This Study aims to establish the existing conditions of the DDA area currently exhibiting degrading physical, environmental, and social factors. For purposes of this Study, the definition of blight is as follows: "Blighted area"means an area within the central business district which, byreason ofthe presence ofa substantial number of deteriorated ordeteriorating structures, predominance of defective or inadequate streetlayout, faultylotlayoutin relation to size, adequacy, accessibility, orusefulness, unsanitary or unsafe conditions, deterioration ofsite orotherimprovements, unusual topography, defective or unusual conditions of title rendering the title nonmarketable, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the central business district, 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 in its present condition and use. Blight determination is based upon an area "taken as a whole," not on a building -by -building basis. Deteriorated or deteriorating structures Obvious indications of disrepair and deterioration to the exterior of a structure include: Primary Elements (exterior walls, visible foundation, rood Secondary Elements (fascia / soffits, gutters / downspouts, windows / doors, fagade finishes, loading docks, etc.) Ancillary Structures ( detached garages, storage buildings, etc.) Redominance of defective or inadequate street layout The presence of this factor is determined through a combination of both field observation as well as an analysis of the existing transportation network and vehicular and pedestrian circulation patterns. These conditions include: • Inadequate Street Cross - Sections, or Geometries, • Poor or Unsafe Conditions for the Flow of Vehicular Traffic • Poor Provisions or Unsafe Conditions for Pedestrian Flow • Insufficient Roadway Capacity Leading to Congestion of Traffic • Inadequate Emergency Vehicle Access • Poor Vehicular/ Pedestrian Access to Buildings or Sites • Poor Internal Vehicular/Pedestrian Circulation • Excessive Curb Cuts/ Driveways in CommercialAreas These conditions can affect the adequacy or performance of the transportation system. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. This factor requires an analysis of the parcels as to their potential and usefulness as developable sites. Conditions indicative of the presence of this factor include: • Lots that are Long, Narrow, or Irregularly Shaped • Lots that are Inadequate in Size • Lots with Layouts or Configurations that are Obsolete or Impractical Unsanitary or unsafe conditions • Lots with Layouts or Configurations that Result in Stagnant, Misused, or • Unused Land This factor requires an analysis of the parcels as to their potential and usefulness as developable sites. Conditions indicative of the presence of this factor include: • Inadequate Storm Drainage Systems / Evidence of Standing Water • Open Trash Dumpsters • Severely Cracked, Sloped, Uneven Surfaces, or a Disconnection or a Lack of Pathways for Pedestrians These represent situations in which the safety of individuals, especially pedestrians and children, may be compromised due to environmental and physical conditions considered to be unsanitary or unsafe. Deterioration of site or other improvements Conditions that apply reflect the deterioration of various improvements made on a site other than building structures. These conditions may represent a lack of general maintenance at a site, the physical degradation of specific improvements, or an improvement that was poorly planned or constructed. Overall, the presence of these conditions can reduce a site's usefulness and desirability and negatively affect nearby properties. • Neglected Properties or Evidence of General Site Maintenance • Deterioration of On -Site Parking Surfaces, Curb & Gutter, or Problems Sidewalks • Deteriorated Fences, Walls, or Gates • Poor Parking Lot /Driveway Layout Unusual topography The focus of this factor is on the presence of unusual topographical conditions that could make development prohibitive, such as steep slopes or poor load- bearing soils, as well as deficiencies in the public infrastructure system within the Survey Area that could include: • Steep Slopes /Rock Outcroppings / Poor Load - Bearing Soils • Deteriorated Public Infrastructure (street /alley pavement, curb, gutter, sidewalks, street lighting, storm drainage systems) • Lack of Public Infrastructure (same as above) • Presence of Overhead Utilities • Inadequate Fire Protection Facilities /Hydrants Defective or unusual conditions of title rendering the title nonmarketable r Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly divided ownership arrangement. Examples include: • Properties with Disputed or Defective Title • Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible Existence of conditions which endanger life or property by fire and other causes This factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that can lead to dangerous situations as well as the inability for emergency personnel or equipment to provide services to a site: • Old, Wooden Buildings Comprised of Highly Combustible Materials Adjacent to Mature Vegetation • Buildings or Sites Inaccessible to Fire and Emergency Vehicles • Blocked/ Poorly Maintained Fire and Emergency Access Routes • Insufficient Fire and Emergency Vehicle Turning Radii • Buildings or Properties not in Compliance with Fire Codes, Building Codes, or Environmental Regulations • Buildings with Deteriorated Elements that Create Unsafe Conditions • Buildings with Inadequate or Improperly Installed Utility Components TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager and Patty McKenny, Deputy Town Manager �� RE: Formation of Downtown Development Authority Update on DATE: April 6, 2023 c o L a H A D o SUMMARY: This report provides an overview of the process for the formation of a Downtown Development Authority ("DDA") that will occur over the next four months; see Attachment A, dated October 19, 2022, for the initial DDA process report. The Town Council provided direction last fall to include the formation of a Downtown Development Authority as a goal for 2023. This report shall serve as an update and is informational only. No formal action is currently required. Updates will continue to be presented over the next few months. PURPOSE AND GOALS: Downtown Development Authorities intend to alleviate or prevent blight conditions and promote the sound economic growth of a community's central downtown commercial core. Avon's workforce's current extreme housing shortages have directly impacted Avon's business community and arrested Avon's businesses' stability and sound growth. The impacts are widespread to the extent of impacting public services as well. To support and stabilize and promote the solid economic growth of the Avon community, investment in workforce housing and public infrastructure to support a growing community is necessary. The primary purpose of creating a Downtown Development Authority is to provide a new dedicated funding source for Community Housing and additional public infrastructure to support Avon's growing community over the next several decades. The development of other Community Housing will stabilize the local workforce and the ability of local businesses to fill employment positions. Community Housing development requires basic public infrastructure improvements, such as streets, utilities, and drainage. East Beaver Creek Boulevard in the Village (at Avon) is past its useful life, and the development of Planning Areas A, B, C, D, and J will require additional investment in streets and infrastructure. Redeveloping the Sun Road area and East Avon will require investment in re -aligning streets and utilities. Investment in Community Housing and public infrastructure, facilities, and amenities intends to stabilize the local economy while establishing a sustainable community regarding climate action and greenhouse gas reduction. Specifically, locating workforce housing close to job centers will reduce commuting miles, reinforce the use of mass transit provided by the Eagle Valley Transportation Authority and support new energy efficient and net zero housing construction. All these considerations and goals fit together in a manner necessary to achieve a genuinely sustainable downtown community for the next generation. For these reasons, at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the Downtown Development Authority Board and Council. DOWNTOWN DEVELOPMENT AUTHORITY: A Downtown Development Authority is a statutory local government authority formed to prevent the deterioration of property values and structures, prevent blight conditions, and assist development and redevelopment in the DDA area to promote the continued health of that area. The DDA statutes provide substantial deference to local determinations and interpretations, stating in part in the Legislative Declaration, 970.748.4004 eric@avon.org 31-25-801(2) The general assembly determines, finds, and declares that because of several atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8. However, it shall be liberally construed to effect the purposes and objects for which it is intended. A Downtown Development Authority can be organized when the municipal governing body (i.e., Avon Town Council) takes action to adopt an ordinance that refers the question of organization to an election, and a majority of the voting "Qualified electors" vote to approve the DDA. "Qualified electors" means a resident, landowner, or lessee with the proposed DDA boundary area, see Attachment B. FINANCIAL CONSIDERATIONS: A Downtown Development Authority ("DDA") is similar to an Urban Renewal Authority, with the primary benefit of authorizing tax increment financing within the DDA area. Tax increment financing is the ability to retain the increased property taxes generated from new development, which would otherwise go to the Town of Avon, Eagle County, Eagle County School District, and other taxing jurisdictions in the Town of Avon. DDAs are allowed to impose tax increment financing for 30 years with the ability to extend for two additional 10 -year periods. Forming a DDA and imposition of tax increment financing does not require consent or approval of other taxing entities like an Urban Renewal Authority (changes in Urban Renewal Authority law in 2015 require other taxing entities to agree to revenue sharing or submit to mediation). In very rough terms, a commercial hotel property may generate as much as $1,000,000 per year, and a 150 -unit residential apartment/condominium may generate $400,000 per year in tax increment financing revenues. See Attachment A (page 4) for the memo from Town Attorney with more information about Sources and Uses for DDA. PROPOSED BOUNDARY: The DDA statutes, as defined by C.R.S. §31-25-801, et seq., authorize designating a portion of the "Central Business District" as the "downtown development area". The area within the proposed boundaries of the Avon Downtown Development Authority is depicted in Attachment C showing a number of different perspectives of the DDA boundary. The area would traditionally be known as the location of the principal business, commercial, financial, service, and government center of the Town, and has been zoned and used accordingly. Such area is established as being within the "central business district" and "downtown" area of the Town and would be included as part of the ordinance forming the DDA. FORMATION PROCESS: The process for the formation of the DDA is shown below by the identification of certain components towards implementation and associated timelines. There will be updates presented at upcoming council meetings as well. Deliverables Timeline Status Develop Eligible Voter / Stakeholder List April — June Working with Eagle County (see Attachment B for Eligibility Requirements) Assessor's Office, Eagle County Clerk & Recorder's Office, and Finance team to obtain lists of property owners, registered voters, and business owners that will make up the Voter List. Page 2 of 3 Deliverables Timeline Status Research & Reports to Complete: April — June Town of Avon "DDA team" (Town ■ Propose boundary of DDA Manager's Office, ComDev Dept., ■ Blight Study Report Legal, and Commfluent Inc.) ■ Financial Analysis preparing the reports identified as ■ DDA Plan (draft) support documents in the formation of the DDA (via ordinance) and adoption of the DDA plan. Community (Stakeholder) Outreach April — June Town of Avon DDA team (Town ■ Draft Fact Sheet for Mailer & Website Use Manager's Office, ComDev Dept., ■ Contact Taxing Entities Legal, and Commfluent Inc.) ■ Finance Committee Meeting May 3 preparing several outreach platforms ■ Other outreach meetings as needed to be implemented May & June. Planning & Zoning Review May — June The DDA team will prepare materials ■ May 2 1 Work Session and present them to the P&Z for ■ May 16 Public Hearing consideration and review. P&Z will ■ June 6 Public Hearing I Plan Adoption consider and take action on the DDA Plan before Town Council consideration. Town Council Review & Action April - June The DDA team will prepare materials ■ April 25 1 Work Session and present them to the Town ■ May 9 1 Work Session Council and community for ■ June 13 1St Reading Ordinance consideration and review. The Town ■ June 27 2nd Reading & Public Hearing Council will Ordinance Special Election May — Special Election date would be set at ■ Proposed Date: August 29, 2023 September the same time the ballot question is considered (via ordinance). Town Clerk's Office is preparing special election calendar and associated election materials and deliverables. POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of Community Housing in the DDA Plan area. DDA revenue streams may also be used for public infrastructure, facilities and amenities within the boundary. A list of potential projects will be included in a draft Downtown Development Authority plan; however, community housing and public parking structures will likely be the most expensive investments at the top of the list. Thank you, Eric ATTACHMENT A: Report on DDA Formation dated October 19, 2022. ATTACHMENT B: Memo about Qualified Electors for DDA dated April 20, 2023 (from Town Attorney). ATTACHMENT C: Proposed "Avon Downtown Development Authority Map" — several versions showing different perspectives of the area. Page 3 of 3 ATTACHMENT A TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager ,�,v o n RE: Downtown Development Authority Process DATE: October 19, 2022 C C L C H A IJ C SUMMARY: This report provides an overview of the steps and timeframe to form and implement a Downtown Development Authority ("DDA"). If Council supports the formation of a DDA then Staff will proceed with the steps for implementation as outlined in this report. Additional details, background information, stakeholder input and policy direction would occur as an integral part of the process to form a DDA. PURPOSE: The purpose of a DDA is similar but slightly different than Urban Renewal Authorities. The DDA status state the purpose as: (1) The general assembly declares that the organization of downtown development authorities having the purposes and powers provided in this part 8 will serve a public use; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration of property values or structures within central business districts, will halt or prevent the growth of blighted areas within such districts, and will assist municipalities in the development and redevelopment of such districts and in the overall planning to restore or provide for the continuance of the health thereof; and will be of especial benefit to the property within the boundaries of any authority created pursuant to the provisions of this part 8. (2) The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8, but it shall be liberally construed to effect the purposes and objects for which it is intended.' DDA PLAN: The proposed primary purpose of the DDA plan is to develop Community Housing in the DDA Plan area. Related to development of Community Housing is the cost of land acquisition; installation, extension or realignment of roads and utilities; and construction of services and amenities to support an increased population, such as early childhood education, parks and recreation. The "Downtown" is a specifically defined area of the municipality in the "Central Business District". The Central Business District is defined as "Central business district" means the area in a municipality which is and traditionally has been the location of the principal business, commercial, financial, service, and governmental center, zoned and used accordingly.2 Council has significant legislative discretion in determining the "Central Business District" and portion that is suitable for the DDA Plan area. The DDA Plan area is expected to be refined based on stakeholder input and review of specific DDA Plan goals and strategies. 1 CRS §31-25-801 z CRS §31-25-802(3) 970.748.4004 eric@avon.org DDA FUNDING: The DDA has the ability to capture the tax increment of increased property taxes for all taxing jurisdictions. DDAs also have the ability impose an additional property tax or sales tax, subject to approval by the Qualified Electors in accordance with a TABOR election. The DDA is proposed for the tax increment funding and increases to the property tax mill levy or sales tax rate is not suggested. Budgeting and forecasting of revenues is speculative because it depends upon the actual construction of new development that increases the assessed valuation of the entire DDA area over the initial baseline assessment. Roughly, a 140 room residential apartment could generate $400,000 per year and a 140+ room hotel (or similarly sized commercial building) could generate as much as $1 million in TIF revenue per year. The DDA would likely exempt the current 15 mill levy for Village Metropolitan District in the Village (at Avon) because that is imposed and pledged to repay bonds of Traer Creek Metropolitan District. There are other terms in the Village (at Avon) development agreement which may present opportunities to reduce Avon's tax credit obligation to repay debts of Traer Creek Metropolitan District. QUALIFIED ELECTORS: A DDA must be approved by a positive vote of "qualified electors" within the defined DDA area. "Qualified elector" means a resident, a landowner, or a lessee as said terms are defined in this section. Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot. This subsection (9) shall not be construed so as to permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector. "Resident" means one who is a citizen of the United States and a resident of the state of Colorado, eighteen years of age or older, who makes his primary dwelling place within the district. Once the DDA entity is formed by a vote of qualified electors, the Avon Town Council refers the draft DDA Plan to the Avon Planning and Zoning Commission who conducts a public hearing and provides a recommendation. Then the Avon Town Council conducts a public hearing and may adopt a DDA Plan by resolution. A draft DDA Plan is proposed to be prepared by December so there is a working document for stakeholder outreach and input. FORMATION PROCESS: 1. Initial data collection, including collection of sample DDA plans and ordinances from other communities [October through December] 2. Draft of DDA plan, prepare draft ordinance and related documents [November and December] 3. Review DDA with Avon Finance Committee on November 9, 2022 4. Stakeholder outreach: Community meetings targeted to residents, property owners and business lessees in the proposed DDA area would be conducted. [January] 5. Revise DDA Plan, Conduct Council Public Hearing, consider ordinance to refer formation of DDA to special election of eligible electors: [February and March] 6. Schedule special election for formation [June 6, 2022] Page 2 of 3 7. The DDA Board appoints the following positions, subject to approval of Avon Council, Director, Treasurer and a Secretary. [June or July] NOTE: these positions would be typically filled by the Town Manager, Finance Director and Town Clerk in a manner similar to the Avon Urban Renewal Authority. 8. DDA Board adopts budget, which is subject to approval by Avon Council. [June or July] 9. DDA Board begins to support and identify projects that implement the DDA plan [June or July]. Any development projects, property acquisition or disposal, or expenditures would be subject to review and approval of the Avon Council. The Avon Town Council establishes the power of the DDA by ordinance and may dissolve the DDA by ordinance.3 Typically, the establishing ordinance would authorize all powers under the DDA statutes and all powers under home rule authority. RECOMMENDATION: I recommend Council give direction to proceed with the formation process as outlined in this report. Thank you, Eric ATTACHMENT A: Karl Hanlon DDA Memorandum 3 CRS §31-25-803 Page 3 of 3 ATTACHMENT A: DDA Legal Memo KarpAeuManionpc ATTORNEYS AT LAW www.mountainlawfirm.com Glenwood Springs —Main Office Armen Montrose Office: 970.945.2261 201 14'h Street, Suite 200 323 W. Main Street 1544 Oxbow Drive Fax: 970.945.7336 P. O. Drawer 2030 Suite 301 Suite 224 *Direct Mail to Glenwood Springs Glenwood Springs, CO 81602 Aspen, CO 81611 Montrose, CO 81402 DATE: September 27, 2022 TO: Eric Heil, Avon Town Manager FROM: Karp Neu Hanlon, P.C. RE: Downtown Development Authority Sources and Uses A Downtown Development Authority ("DDA") is a creature of state statute, with the purposes of promoting the general welfare, halting deterioration and blight, and assisting municipalities with redevelopment. See C.R.S. § 31-25-801 et seq. The DDA is a separate tax-exempt entity from the City, which has only two roles in the DDA's functioning: 1) appointment of the board, and 2) approval of the budget. The DDA does not have power to assess taxes, but instead must rely on the City to do so and will pull its funds from a separate Town account. The creation of a DDA is subject to voter approval, as are any new taxes levied therefor. Avon for some time has had an Urban Renewal District (URA) which is similar but also different than a DDA. A chart comparing DDAs to URAs is attached which highlights some of the differences between the two types of entities. In reviewing the two statutes there is nothing that prevents both from coexisting over the same area. DDAs have two mechanisms for raising revenue. First is a maximum 5 mill ad valorem levy on properties within the DDA boundary. This is assessed by the City, and subject to approval by the voters. See C.R.S. § 31-25-817. All revenue is held by the municipality for use by the DDA. The second mechanism is Tax Increment Financing ("TIF"), which is a form of public funding that allows for the issuance of municipal bonds to raise money for public improvements. A TIF involves the distribution of existing taxes on assessed valuation and is not a separate tax itself. As explained by the court in Northglenn Urban Renewal Authority v. Reyes, 300 P.3d 984, 986 (Colo. App. 2013)': [A TIF] is accomplished by first establishing a base amount upon which the various taxing authorities assess and collect their levies. This base amount is determined by assessing the value of the property within the urban renewal area prior to adoption of the urban renewal plan. Thereafter, the property is reassessed in subsequent years for tax purposes in the hopes that the urban renewal plan has increased its value. After all levies are assessed and collected on the subsequent valuation, any incremental increase in the base amount is deemed the result of the ' While this case involves an Urban Renewal Authority, the TIF concepts for both entities are identical. Compare C.R.S. § 31-25-807(3)(a) and C.R.S. § 31-25-107(9)(a). ATTACHMENT A: DDA Legal Memo Karp_Neu_Hn� �anlINUo Downtown Development Authority Sources and Uses Page 2 PRIVILEGED AND CONFIDENTIAL MEMORANDUM urban redevelopment efforts by the municipality and is distributed to the urban renewal authority. A TIF only lasts for 30 years, after which it may be extended by City Council. The DDA can additionally collect revenues from grants and partnerships. The source of revenues also determines how those funds may be used. Both revenue streams may go towards the financing of public improvements within the DDA boundary, such as fagade, landscaping, streetscaping, utilities, and parking improvements. Mill levy revenue can go to a wider variety of additional DDA operating purposes, business incentives, and marketing. On the other hand, TIF revenues go into escrow are used to borrow against for financing downtown improvements. Any excess TIF revenues must go to debt servicing and repayment of bonds for the financing of any plan of development within the DDA. C.R.S. § 31-25-807(3)(a)(II). Only once any indebtedness is fully paid, may TIF revenues go to a general operating account of whatever taxing authority collected the revenue in the first place. DDAs are useful tools to facilitate development within a geographically distinct area. While there are several ways to raise revenue for the DDA, the source of money dictates how it may be used. In no case, however, may that revenue go towards general operations of the sponsoring municipality, unless all indebtedness has been paid and there is a TIF revenue surplus. The Town has several specific questions regarding the use of a DDA and TIF revenues that are addressed below: 1. When can the TIF be implemented? A TIF is implemented through the initial adoption of the plan of development or at any later date by amending the plan of developments. Pursuant to C.R.S. § 31-25-807(3)(a) any plan of development may be modified to include the implementation of a TIF. The statute provides: Notwithstanding any law to the contrary and subject to subsection (3)(a)(IV) of this section, any such plan of development as originally adopted by the board or as later modified pursuant to this part 8 may, after approval by the governing body of the municipality, contain a provision that taxes, if any, levied after the effective date of the approval of such plan of development by said governing body upon taxable property within the boundaries of the plan of development area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of any public body shall be divided for a period not to exceed thirty years or such longer period as provided for in subsection (3)(a)(IV) of this section after the effective date of approval by said governing body of such a provision[.] ATTACHMENT A: DDA Legal Memo Karp_Neu_Hn� �anlINUo Downtown Development Authority Sources and Uses Page 3 PRIVILEGED AND CONFIDENTIAL MEMORANDUM 2. Can DDA funds can be used for Community Housing, recreation improvements (including park properties in the Village (at Avon), constructing a new post office to lease to USPS to assist with relocation, and early childhood education? Yes. The type of projects anticipated should be included in the Plan of Development and such improvements are contemplated. C.R.S. § 31-25-807(2)(d). 3. Can DDA funds be used for road and utility extensions (which would be used to substitute some of the Town's tax credit obligations for infrastructure) Yes. The type of projects anticipated should be included in the Plan of Development and such improvements are contemplated. C.R.S. § 31-25-807(2)(d). 4. Can Avon claim that it's Central Business Core is the valley floor from Lake Street/Avon Recreation Center all the way to Planning Area Jwhere the Wagon Wheel Road cul -du - sac and utility extensions have been installed? While there is no specific case law regarding courts have been generally deferential to both legislative determinations and voter approvals. In the case of a DDA both occur in that the Council will by ordinance establish the boundary it believes is appropriate for the DDA and then that will be approved by the voters. 5. What is the total time period that a TIF can be effective? There is time limit on the TIF of 30 years from the date it is first implemented either in the original plan of development or a modification of that plan with the option of extending for another 20 years. C.R.S. § 31-25-807(3)(a)(IV). During the 20 -year extension 50% of the TIF must be paid to the affected taxing entities, id. 6. Can Avon/DDA agree to rebate TIF or waive TIF for some taxing entities, or waive a portion of TIF? Like Fire District and Ambulance District and Village Metro District which is imposing a property tax to raise funds for the Village finances. Within the first 30 years of the TIF Avon is not obligated to share any of the TIF revenues with any other taxing entity. For the additional time period there is an obligation under C.R.S. § 31- 25-807(3)(a) (IV)(B) to pay 50% of the TIF to the other taxing entities. That said, there is nothing in the statute which prevents or prohibits Avon from sharing back, pursuant to an IGA, any of the TIF revenues. 7. Can DDA funds be used for staff? TIF revenues can be used for DDA staff (as can the 5 mills discussed above). Direct payments for the Avon personnel would fall outside the uses identified in the statute. C.R.S. § 31-25-805, § 31- 25-807, and § 31-25-815. ATTACHMENT B KarpPC_Neu_Hanlon ATTORNEYS AT LAW www.mountainlawfinn.com Glenwood Springs —Main O Aspen Montrose 201 141' Street, Suite 200 323 W. Main Street 1544 Oxbow Drive P. O. Drawer 2030 Suite 301 Suite 224 Glenwood Springs, CO 81602 Aspen, CO 81611 Montrose, CO 81402 Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs DATE: April 20, 2023 TO: Avon Town Council and Mayor FROM: Karp Neu Hanlon, P.C. RE: Electors Qualified to Vote in the DDA Special Election The organization of a Downtown Development Authority ("DDA") involves a group of electors different than most other elections. The electors qualified to vote in a DDA election are the residents, landowners, and lessees (as those terms are defined in C.R.S. § 31-25-801, et seq.) within the boundaries of the proposed district. A resident must be (a) a citizen of the United States, (b) a resident of the state of Colorado, (c) eighteen years of age or older, (d) a person whose primary dwelling place is within the boundaries of the proposed district, and (e) registered to vote in Colorado. Only those electors with a voter registration address within the boundaries of the proposed district will automatically receive a ballot. If an elector actually resides within the district but is registered to vote at an address outside of the district, the elector must complete a Request for Mail Ballot form in order to receive a ballot. A landowner is (a) an owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the boundaries of the proposed district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's behalf who is eighteen years of age or older. An owner in fee includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate. An owner in fee does not include a contract seller of property where the contract purchaser is deemed to be the owner in fee. Interval or timeshare "owners" are generally not owners in fee. Landowners need not reside within the boundaries of the proposed district. Landowners will automatically be mailed a ballot at the property's mailing address. A lessee is (a) a holder of a leasehold interest in real property within the boundaries of the proposed district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's behalf who is eighteen years of age or older. Here, a leasehold interest does not include a license or mere contract right to use real property, including interval and Karp_Neu_HnanlYon* Downtown Development Authority — Qualified Electors Page 2 timeshare ownership where an "owner's" right to use certain weeks arises by contract or by the purchase of points. Lessees will not automatically receive a ballot. If the lessee is an entity, the lessee must complete a Designation of Elector form for the entity and the lessee's designee must complete a Mail Ballot Request form. If the lessee is an individual, the lessee must complete a Mail Ballot Request form. The DDA election follows the one person -one vote rule where even though a person or entity may be qualified to vote in more than one way, a person may only vote once. For example, if an entity owns multiple properties within the DDA, that entity may only cast one vote through a designated person, and any person designated to vote on behalf of an entity may only cast one vote. By way of example, let's say Sam, via four different entities, owns four properties within the boundaries of the proposed district. Sam also resides in a condo within the boundaries of the proposed district and is a registered voter at that address. As a resident and an active registered voter, Sam will automatically be mailed a ballot to vote as a resident. For each property owned by a separate entity, Sam may designate up to four electors — one for each property. To receive a ballot for those properties, Sam must complete a Designation of Elector form for each entity, and each designated elector must complete a Request for Mail Ballot. In that instance, both forms must be completed to receive a ballot. Sam cannot vote as both a resident and a landowner. By way of another example, let's say Sally owns multiple properties within the boundaries of the proposed district though all of the properties are owned through a single entity. Sally must complete a Designation of Elector form for the entity and the designated elector must complete a Request for Mail Ballot form. Even though Sally's entity owns multiple properties within the boundaries of the proposed district, the entity may only designate one person to vote on the entity's behalf and may only vote once. If Sally, in her individual capacity, qualifies to vote as a resident, she can either vote as a resident or as the designated person to vote on her entity's behalf, but not both. Number 17-33 Colorado Legislative Council ISSUE BRIEF Staff A Legislative Council Staff Publication August 2017 THE IMPACT OF TAX INCREMENT FINANCING ON SCHOOL FINANCE By Marc Carey Public K-12 eduction in Colorado is financed in part by local governments and in part by state government. The school finance formula establishes a statewide total funding level. The difference between this amount and the local share determines the state's obligation to school finance. The local share is paid primarily from local property taxes. When property taxes are not collected from a specific property, the funding formula requires the state to augment its share of K-12 education funding by the amount of foregone local tax revenue. This issue brief discusses the impact of tax increment financing on the state and local shares of K-12 education funding. What is tax increment financing? Tax increment financing (TIF) is a tax incentive for redevelopment projects in Colorado with the purpose of improving "blighted" properties. Colorado law empowers urban renewal authorities (URAs) and downtown development authorities (DDAs) to use TIF to incentivize redevelopment projects. TIF allows a developer to use sales or property taxes collected from a project to pay expenses or debt related to the project, with the expectation that revitalization of the surrounding area will improve the local economy and increase future tax revenue for local governments. TIF and school finance. By allowing local property tax revenue to be used to cover redevelopment expenses, TIF diverts money away from traditional uses such as funding the local share of K-12 education. Thus, while assessed values are increasing due to the redevelopment, local property tax revenue to school finance may not increase in the short term, and the state may have to "backfill" the difference between the actual local share and what the local share would have been absent the TIF incentive. When is local revenue loss the result of TIF? An important issue in determining the loss of local revenue due to TIF is whether the project would have occurred anyway, independently of the TIF incentive. If the project would have been built at the same location without the TIF incentive, the increase in the state's obligation can be determined by multiplying the assessed value of the TIF property by the relevant mill levy for the local school district, as the state backfills the lost revenue on a dollar -for -dollar basis. However, to the degree these projects occur only because of the TIF incentive, would not have occurred at some other location in the state, and did not divert sales from other locations in the state, the loss of local revenue, and thus the increase in the state share for school finance, would be smaller. TIF and TABOR. Article X, Section 20 of the Colorado Constitution (TABOR) imposes limits on the growth of property tax revenue for all school districts. For a district at its property tax revenue limit, additional assessed value from new development results in a lower mill levy. Currently, four school districts — Cherry Creek, Colorado Springs, Harrison, and Steamboat Springs — are in this position. For these four districts, the TIF revenue loss may mean that the district's mill levy for school finance drops as a result of the assessed value increase, but not as much as it would have absent the TIF. The Legislative Council Staff is the research arm of the Colorado General Assembly. The Legislative Council Staff provides nonpartisan information services and staff support to the Colorado Legislature. The impact of TIF on the mill levy depends on the relative magnitude of the TIF to the increase in assessed value. In FY 2016-17, the mill levy for three of these four districts did not fall as much as it would have otherwise. TIF impacts and the budget stabilization factor. During the 2010 legislative session, the General Assembly created a budget stabilization factor to reduce the state's school finance obligation after revenue had fallen during the recession.' This factor reduces the overall funding level for most school districts by a proportional amount. By reducing the overall funding obligation for each district, the budget stabilization factor also reduces the state's contribution to school finance. Since the implementation of this factor, K-12 eduction is funded to a level selected by the General Assembly. In FY 2017-18, the value of the budget stabilization factor was set at $828.3 million, which reduced each school district's total funding by 11.10 percent. How has TIF reduced the local share historically? Since the implementation of the budget stabilization factor through FY 2016-17, the number of districts employing a TIF incentive and the total impact on both the local and state shares from TIF has grown. Specifically, the number of districts employing a TIF incentive has increased from 34 to 41. Concurrently, the potential reduction in the local share from TIF has grown from nearly $41 million to just over $59 million, while the increase in the state's obligation has grown from nearly $37 million to just over $52 million. The difference in these totals is the impact of the budget stabilization factor established by the General Assembly in those years. Figure 1 presents these totals over this historical time period. The dotted line indicates the number of districts employing a TIF incentive, while the bars show the maximum reduction in local share that resulted from TIF on a statewide basis. The blue portion IHouse Bill 10-1369. represents the actual increase in the state's obligation that resulted from TIF while the gold portion represents the reduction in the state's obligation due to the budget stabilization factor. The gold portions were calculated by applying the established budget stabilization factor to the reduction in local share from TIF. Figure 1 Impact of TIF on Local and State Share Number of Maximum Loss of Local Share from TIF Districts with TIF 45 Impact of Budget Stabil'-tion $70 Factor on Slate Share Increase 40 J Actual Increase in Slate Share from DlsLicts $80 o TIF — _ _ _ _ _ _ _ ' ■ $so 30 ,5$40 20 $30 15 $20 ,o 5 $10 0 $0 FY 2010-11 FV 2011-12 F 2012-13 FV 2013-14 FV 014-15 F 2015-16 FV 016-17 Source: Colorado Department of Education. Which districts use TIF? Figure 2 shows the geographic distribution of the school districts where TIF is employed. The shading represents the estimated increase in the state's K-12 funding obligation because of TIF. The largest increases are in school districts along the Front Range, and in mountain resort communities. Denver has the largest increase at nearly $26 million, followed by Jefferson County at nearly $5 million. Figure 2 Colorado School Districts Employing TIF i f` S1 W - 558.000 S, 30,000 - S, m, Ilion $, million - 55 million _ = 525 million Source: Colorado Department of Education. Room 029, State Capitol, Denver, CO 80203-1784 • 303-866-3521 • (FAX) 303-866-3855 http://Ieg.colorado.gov/lcs Formation of DDA June 27, 2023 1 Boundary of Downtown Development Authority "Central Business District" • DDA organized by the Municipal Governing Body (Avon Town Council) • Boundary depicts principal business, commercial, financial service and government center of Town • Map sets forth the taxing collection area Formation of DDA I 6/30/2023 A Avon C O L O R A D O Eric Heil, Town Manager Karl Hanlon, Town Attorney Kristin Kenney Williams, Commfluent TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 AC TOTAL ACREAGE OF PROPOSED DDA AREA: 294.1 AC OR 5.5% OF THE TOWN OF AVON A Avon I EPSON SCOPE POW 'i 1� .I �,: �. i\ ,,,gym ��•. 3 v' ' a rI, 1 fir• �rru •.., w. � I////�/ N��� �� r �0)'1 ��c...//I/riuu,fu.,�•;,y,�. ��,�f .11rrr.� � ��• �,..� � _ .,,,,- ,_,, :�-•ter, 4 6/30/2023 2 DDA PLAN Downtown Development Authority Plan • Primary Purpose is "Community Housing" (must be employed in Eagle County to qualify) • 50% of funding is planned for investment into Community Housing • Parking Structures • Recreation Center Expansion • Construction of New Parks — Village (at Avon) • Reconstruction of Streets in East Avon and Sun Road to Support Redevelopment Formation of DDA 5 Formation of DDA I Separate DDA Board: 5-11 Seats, One Council Member Proiects Approved By: 1. DDA Board 2. Avon Planning & Zoning Commission 3. Avon Town Council Budget Approved By: 1. DDA Board 2. Avon Town Council ♦♦O POTENTIAL PROJECTS Town Core: • Public Parking Structures • Recreation Center Expansion • Realignment/ Reconstruction of Streets in jug, .%wad and A. --XL Avon U 6/30/2023 3 A D JOS cc G H e�5s0o$ J POTENTIAL• . Planning , acre park, large Housing for Childhood Education Center Planning Areas D, C and : Currently zoned for residential. Potential for Community Housing projects. Formation of DD June 27, 2023 • • 7 AVON URBAN RENEWAL AUTHORITY — 2023 Property Tax Revenues AURA Tax within Avon in addition Taxing Entity Mill Levy Percentage Increment to AURA Tax Increment Avon 8.956 14.29% $ 262,567.00 $ 2,082,427.00 Eagle County 8.499 13.56% $ 249,169.00 $ 1,976,167.00 Eagle County School District 24.649 39.32% $ 772,646.00 $ 5,731,326.00 Colorado Mountain College 4.085 6.52% $ 119,762.00 $ 949,834.00 Eagle River Fire 9.703 15.48% $ 284,467.00 $ 2,256,118.00 Eagle Valley Library 2.763 4.41% $ 81,004.00 $ 642,446.00 Eagle River Water & San 0.759 1.21% $ 22,252.00 $ 176,481.00 Eagle County Health Services 2.774 4.43% $ 81,327.00 $ 645,004.00 Colorado Water Conservancy 0.501 0.80% $ 14,608.00 $ 116,491.00 TOTAL 62.689 $ 1,887,802.00 $ 14,576,294.00 Financial Considerations June 27, 2023 AVO MI. 6/30/2023 M M Financial Considerations June 27, 2023 AVO EAGLE RIVER FIRE PROTECTION DISTRICT • ERFPD has a 5.55 base mill levy • Voters approved a "back -fill" mill levy increase of 3.77 mills in 2012 sufficient to equal the 2010 tax revenues (59% increase in mill levy) • Increase in property assessments is unlikely to result in a significant increase to ERFPD revenues (i.e. the 3.77 mills approved in 2012 will be reduced to zero first) Financial Considerations 10 6/30/2023 AVO 5 Total Property Tax within taxing entity jurisdiction %Avon URA %Avon URA Avon URA Property in addition to Avon URA tax increment to increment to Taxing Entity Tax Increment tax increment property tax Total Budget budget Town of Avon $ 262,567.00 $2,082,427.00 11.1969% $59,039,180.00 0.4220% Eagle County (operating budget) $ 249,169.00 $15,541,000.00 1.6033% $54,599,000.00 1.4151% Eagle County School District $ 772,646.00 $78,404,330.00 0.9855% $136,831,750.00 0.0875% Colorado Mountain College $ 119,762.00 $55,564,847.00 0.2155% $79,048,372.00 0.3599% Eagle River Fire Protection District $ 284,467.00 $10,631,677.00 2.6757% $15,693,729.00 0.5162% Eagle Valley Library District $ 81,004.00 Eagle River Water and Sanitation District $ 22,252.00 $1,209,132.00 0.0184% $28,721,091 0.0007% Eagle County Health Services District (Eagle County Paramedic Services) $ 81,327.00 $8,862,338.00 0.9177% $14,633,881.00 0.0998% Colorado River Water Conservancy District $ 14,608.00 $9,879,074.00 0.1479% $11,329,693.00 0.1289% Financial Considerations June 27, 2023 AVO EAGLE RIVER FIRE PROTECTION DISTRICT • ERFPD has a 5.55 base mill levy • Voters approved a "back -fill" mill levy increase of 3.77 mills in 2012 sufficient to equal the 2010 tax revenues (59% increase in mill levy) • Increase in property assessments is unlikely to result in a significant increase to ERFPD revenues (i.e. the 3.77 mills approved in 2012 will be reduced to zero first) Financial Considerations 10 6/30/2023 AVO 5 Avon Downtown Development Authority Financial Model Financial Modelling is Assumptions: 10 years to achieve 150% value of Avon URA in 2023 ONLY F O R Year 2033 2033-2053 ILLUSTRATION Taxing Entity t DDA Tax Increment 20 Year Collection PURPOSES Avon $ $ Eagle County $ 373,753.50 $ 7,475,070.00 Eagle County School District $ 1,158,969.00 $ 23,179,380.00 Many factors will influence future development which are Colorado Mountain College $ 179,643.00 $ 3,592,860.00 not in the control of the Town Eagle River Fire $ 426,700.50 $ 8,534,010.00 of Avon, including economy Eagle Valley Library $ 121,506.00 $ 2,430,120.00 and recession cycles, timing of Eagle River Water & San $ 33,378.00 $ 667,560.00 development, commercial Eagle County Health Services $ 121,990.50 $ 2,439,810.00 versus residential Colorado Water Conservancy $ 21,912.00 $ 438,240.00 development and quantity of TOTAL $ 2,831,703.00 $ 56,634,060.00 development. Financial Considerations June 27, 2023 .4V0 11 Eligible Voters Special Election • Question is Referred to the Voters by Town Council Approval • Qualified Electors includes residents, landowners or lessees within the proposed boundary area • Must be Registered to Vote; Register: www.coloradosos.gov/voter/pages • Proposed Special Election Day is Tuesday, August 29, 2023 • Conducted as Mail Ballot Election Formation of DDA 12 6/30/2023 AVO M 13 Resident (a) A citizen of the United States (b) A resident of the State of Colorado (c) 18 years of age or older (d) A person whose primary dwelling place is within the boundaries of the proposed district (e) Registered to vote in Colorado *Only those electors with a voter registration address within the boundaries of the proposed district will automatically receive a ballot. *If an elector actually resides within the district but is registered to vote at an address outside the district, the elector must complete a Request for Mail Ballot Form. Landowner (a) An owner in fee of any undivided interest in real property or any improvement affixed thereto within the boundaries of the proposed district. (b) If a natural person, 18 years of age or older, or, if an entity, a person designated by the entity to vote on the entities behalf who is eighteen years of age or older. *An owner in fee includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate. *An owner in fee does not include a contract seller of property where the contract purchaser is deemed to be the caner in fee. Interval or timeshare "owners" are generally not owners in fee. Landowners will automatically be mailed a ballot at the property's mailing address. Individual 00, Registered to vote Own property in Lease property in at address within personal name personal name boundary within boundary within boundary 14 6/30/2023 e Lessee (a) A holder of a leasehold interest in real property, within the boundaries of the proposed district. (b) If a natural person, 18 years of age or older, or, if an entity, a person designated by the entity to vote on the entities behalf who is eighteen years of age or older. * Here, a leasehold interest does not include a license or mere contract right to use real property, including interval and timeshare ownership where an "owner's' right to use certain weeks arises by contract or by the purchase of points. * Lessees will not automatically receive a ballot. If the Lessee is an entity, the Lessee must complete a Designation of Elector Form for the entity and the Lessee's designee must complete a Mail Ballot Request Form. If the Lessee is an individual, the Lessee must complete a Mail Ballot Request Form. 1*1-1 0) FEntity Corp, LLC, Partnership, Trusts) Own property in Lease propertyjinentity name entity name within boundary within bounda i Must designate an individual to vote on entity's behalf Entity Voter Designation File an Affidavit of Designation and request a ballot by August 29, 2023. 7 Will receive ballot Will receive ballot ) Request a ballot by in the mail in the mail I August 29, 2023. You may only vote {The same person If one entity owns once as an cannot be multiple properties individual or entity. designated and vote within the for multiple entities. Boundary, that entity may only cast 14 6/30/2023 e Lessee (a) A holder of a leasehold interest in real property, within the boundaries of the proposed district. (b) If a natural person, 18 years of age or older, or, if an entity, a person designated by the entity to vote on the entities behalf who is eighteen years of age or older. * Here, a leasehold interest does not include a license or mere contract right to use real property, including interval and timeshare ownership where an "owner's' right to use certain weeks arises by contract or by the purchase of points. * Lessees will not automatically receive a ballot. If the Lessee is an entity, the Lessee must complete a Designation of Elector Form for the entity and the Lessee's designee must complete a Mail Ballot Request Form. If the Lessee is an individual, the Lessee must complete a Mail Ballot Request Form. 1*1-1 0) FEntity Corp, LLC, Partnership, Trusts) Own property in Lease propertyjinentity name entity name within boundary within bounda i Must designate an individual to vote on entity's behalf Entity Voter Designation File an Affidavit of Designation and request a ballot by August 29, 2023. 7 DDA Formation Schedule Public Meetings Planning & Zoning Commission Public Hearings: May 16&June 6 Avon Council Public Hearings: June 13&27 Special Election: August 29, 2023 DDA Information: Avon uowntown uevelopment Authority Formation 15 Formation Documents Ordinance 23-02 Referring Establishment of a Downtown Development Authority to a Special Election DDA Boundary Map DDA Plan Blight Study Report Formation of DDA June 27, 2023 KI ,ovo n COLORADO Kristin Kenney Williams Kristin(cDcommfluent.com Miguel Jauregui Casanueva, Town Clerk mlaurequi(@avon.orq Eric Heil, Town Manager eric(a0von.orq 6/30/2023 TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Town Planner �� RE: Referral for Traer Apartments on Planning Area F on DATE: June 29, 2023 C 0 L O R A D 0 STAFF REPORT OVERVIEW: This report reflects the referral from the VAA Design Review Board ("DRB") to the Planning and Zoning Commission ("PZC") and contains preliminary design material for a new 240 - unit apartment project in the Village (at Avon) ("VAA") Planned Unit Development ("PUD"). This project is not subject to most sections in Chapter 7 of the Avon Development Code ("ADC") and will not be subject to the formal Town of Avon review process outlined within it. PZC is tasked with formulating comments that the Village at Avon DRB and the applicant can use for formal review. Two documents guide this project: The Village (at Avon) Design Review Guidelines ("Design Guidelines"), dated November 16, 2022, and Village (at Avon) PUD Guide ("PUD Guide") that describes the desired aesthetic for all projects and articulates aspirations for design, rather than hard requirements. Per the PUD Guide and Design Guidelines, "The DRB shall refer to the Town of Avon's Planning and Zoning Commission, for comment only, and not for approval or disapproval, Development proposals submitted to the DRB for portions of the Property south of 1-70." Application Type: Referral Property Address: TBD — Access from "North Road" Property Zoning: PUD / Planning Area F — Regional Mixed Use Property Size: 10.46 Acres as modified. Applicant: Prime West Development, LLC Owner: Traer Creek Holdings No. 1 LLC Prime West Development, LLC ("the Applicant") has contacted Staff over the past few months to discuss the pending building permit, and submitted a Preliminary Design Review application to the DRB. As mentioned, this may be PZC's only review of the project. The project centers on creating a micro -residential "community" of 240 residential units (with amenities) with units in three (3) buildings. There is a combination of structured parking and a mix of typical surface parking and covered surface parking. A bus stop is also accommodated in their design. Based on the applicable governing documents and the offered plan, Staff has crafted specific recommendations for PZC's consideration to relay to the DRB. PROPERTY DESCRIPTION: The site location is in Planning Area F ("PA -F") of the VAA, situated between the Piedmont Apartments, Interstate 70, and on the east, by Post Boulevard. The lot will be accessed from a new road extending from the Post Boulevard roundabout at Fawcett Road. The property has already been heavily disturbed because of the Interstate 70 interchange and Post Boulevard construction projects that took place in 2001. Large boulders are deposited throughout the site. The existing topography gently slopes from the north side down to the south. An underground irrigation ditch, known as the Nottingham Puder Ditch, borders the southern property line and carries water from the Eagle River intake upstream, through the valley floor, and eventually to Nottingham Lake. The PUD permits Residential use in PA -F as a use by right. 970-748-4413 matt avon.org -i 082 P„1 C OS -3 D 4 =400,11.1 I, I_ N.N H PUD Master Plan: Approximate Project Boundary Highlighted in Yellow N Site Highlighted in Yellow. 970-748-4413 matt@avon.org Page 12 PROCESS SUMMARY: The VAA DRB process includes three stages of design review prior to construction: a Pre -Design Conference, Preliminary Design Review, and Final Design Review. Currently, the proposal is before the VAA DRB at the Preliminary Design phase of review. Per the Design Guidelines, after referral to PZC, the DRB can formally approve or deny the project. Staff recommends the PZC thoroughly discuss this project at the July 5th meeting presuming this will be PZC's only review. Staff will return to PZC at the following meeting with a comments letter reflecting the Commission's agreed upon comments. The letter will then be transmitted to the VAA DRB for their consideration. ApplicationPZC16 DRB Final Building to VAA DRB > Referral Review Permit RECOMMENDED COMMENTS: Below is a list of suggestions reflecting the analysis contained throughout the rest of this report. I suggest that PZC discuss these points, modify as necessary, and add any additional suggestions or considerations that could be helpful for the VAA DRB: 1. Assess modifying the design of the buildings on street facing elevations (East -Post Boulevard North -North Road), with more pedestrian interest. 2. The retaining walls below the project should include landscaping buffers at the base of the walls to help break up the massing and blend the structures into the natural topography. Site sections would be helpful to understand the relationship between parking areas, retaining walls, and the path below the project. 3. Suggestions for the landscape plan on the property: a. Include an irrigation plan at building permit. b. Confirm that "native seed" areas are temporarily irrigated. As such, irrigation lines in this area should be above ground and temporary for not more than two growing seasons. c. Landscaping should be added to the bus stop to the north of the project. 4. Per Building Code Sec. 15.26, the design must include "solar -ready" areas on the roof. 5. An on-site mockup should be a requirement, to be reviewed and approved by the DRB before completion of building framing. 6. Building height is difficult to determine, especially for the south ends of each building. Roof plans overlaid on existing topography lines, with USGS elevations on main portions of roofs and highpoints would be helpful in determining height. Building elevations should also show spot elevations for high points of main roof forms. 7. Lighting fixtures will be reviewed in detail at Final Design. Lights in covered balconies shall not create a glare or nuisance from neighboring property owners. To avoid any potential nuisance lighting, we suggest that all windows in lit corridors be glazed or tinted to prevent glare or any light being seen from neighboring properties. 8. Per AMC requirements, at least 28 Electric Vehicle ("EV") installed spaces, 47 EV -ready spaces, and 185 EV -capable spaces must be distributed throughout the project. 9. Review Truck Loading, Emergency Vehicle, Operations, and vehicle circulation within the development. At the entrance, the entrance driveway lane appears not to be aligned with the south parking area. A jog is needed to access the Building B/C parking area. 10. A separate snow storage plan is needed. 11. Guardrails will be needed on North Road. A 40'+ drop is not recoverable. 12. A new community path will be constructed south of the development project. Due to the constrained topography, the community path and associated landscaping and lighting should be designed and 970-748-4413 matt@avon.org Page 13 constructed along with the development. The community path width should be 10' wide with 2' clearances on both sides. Most sections below start with quoted text from the Design Guidelines to frame the elements of importance. The PUD Guide is also quoted and noted with "(PUD Guide)" at the end. All text is unmodified in formatting, except for italicized portions added for emphasis by staff. ADC and Avon Municipal Code ("AMC") language has been cited where relevant. Allowed Use and Density: Residential — 22/DU Acre. Staff Response: As noted above, this use is explicitly allowed in Planning Area F. Twenty-two (22) Dwelling Unit per acre are permitted in PA -F. To accommodate the proposed density of 240 units, a PUD Master Plan amendment is necessary to increase the size of PA -F (thereby reducing adjacent PA -C). If a PUD Amendment is processed, and corresponding subdivision application to create a 10.46 acre parcel, then the density is acceptable with the permitted 10% increase in density pursuant to PUD Guide Section H.3(b)(i). In total, PA -F would permit 411 Dwelling units. Because Piedmont is comprised of 169 units, the remaining balance of residential units within the planning area permits up to 242 units. Lot Coverage, Setbacks and Easements: Front: 20' Side: 0' Rear: 20". Staff Response: The property appears to be compliant with all applicable coverage, setback, and easement requirements. Building Height: The PUD allows up to 58 feet in PA -F. Staff Response: Additional plan information is required to confirm compliance with height requirements. See recommended comments above. 1! M 42* AZ*- AZ*- Perspective of'Building B 970-748-4413 matt@avon.org Page 14 Design Theme: "In order to create a, unique, pedestrian friendly, vibrant, successful, and long lasting town that enriches the quality of life and maximizes/enhances and preserves the value of the Property, the design of all Development within the Village must, among other things, distinguish itself by being unique, sustainable, interesting, attractive, and must respect the mountain setting as well as complement the surrounding Development within the Village. The Overall Design Theme (hereinafter referred to as the "Design Theme") is to establish an attractive appearance for visitors and residents and yet be flexible enough to allow for affordable design solutions." "The attractive appearance expected for Development consists of, among other things, innovative and attractive architecture that promotes sustainable ideas and is sensitive to the surrounding area." "The DRB shall not accept exceptions to the Design Theme and Design Philosophy that break the pattern of unique and attractive architecture for Development at the Village, as any exceptions will negatively impact the Village and will promote unattractive architecture for Development in the future." Staff Response: Overall, the project conforms with the Design Theme language and provides an appropriate modern take on the mountain aesthetic. A material board will be presented to PZC and the DRB at applicable meetings. It includes natural muted tones, building articulation, interesting overhangs, and design that blends the interior with the outdoors. One of the primary building materials, `Resysta" vertical siding, is purported to withstand harsh weather and be able to maintain a natural look, with little maintenance. Examples of this building material in other mountainous areas should be provided. We recommend that in addition to reviewing a color board, a physical mockup be a requirement for further/final review of materials and colors. Balcony Detailing 970-748-4413 matt@avon.org Page 15 Retaining Walls: "The DRB may allow the use of textured concrete or concrete with stone veneer, stone or similar materials to diffuse the visual impact of the retaining wall without any grass or vegetation growth on a case by case basis." (PUD Guide) Staff Response: `Redi-Rock' and boulder retaining walls are proposed throughout the project, with several linear walls framing the south side of the Property. Walls are generally limited to 7' in height. The redi-rock product is textured concrete and has been utilized in many recent applications throughout the valley. The Landscape Plan does not incorporate any landscaping at the base of the walls. I recommend some redistribution of landscaping and addressing the verticality of the walls, particularly along the community trail indicated on the south side of the site. Parking: Parking Design Guidelines "All parking lots, parking spaces, and access ways shall be in compliance with Exhibit C to the PUD Guide." Staff Response: Exhibit C indicates parking standards in line with ADC requirements: 1 space per studio, 1.5 spaces per 1 bedroom, and 2 spaces for all other unit types. The plans demonstrate compliance with the PUD Guide requirements by providing 467 spaces (464 required). Recent amendments to the International Energy Conservation Code increased the number of electric "capable" space from 15% to 40%. For a project with 464 spaces (required), at least 28 installed spaces, 47 ready spaces, and 185 capable spaces. These numbers vary from plans provided to the Town which were based on prior requirements, and therefore the plans be updated to demonstrate compliance. Capable stalls must include raceways and electric capacity. This will all be required for a building permit but should be called out with a separate plan sheet if possible before final VAA DRB review. Access Drive and Street Front: "Access to the building sites will require careful consideration of, among other things, the existing topography, buildings' solar orientation, and the integration of the present and future public vehicular and pedestrian systems." "All entryways should: provide a sheltered transition to the inside; offer visual clues as to the desired pedestrian circulation; possess inviting features; address the street; relate, in both scale and design style, to the use of the Building." "North facing entries and outdoor spaces should be carefully considered because of winter conditions." "All doorway and entryways must provide protection from sloughing snow or ice, be well lit without light pollution, and offer a spot for pedestrians and bicycle traffic to gather." "Avoiding the sea of asphalt feel is something that can provide interest to a project at the same time as benefiting the environment." Staff Response: The project is situated between a new proposed roadway ("North Road') to the north, Post Boulevard to the east, and a buried ditch easement to the south. Access to the North Road is located at an appropriate distance from the Post Boulevard roundabout with separate in/out curb cuts. The project will be served by future bus transit lines and both east and westbound stops are included as part of the roadway design. At the entrance, the entrance driveway lane appears not to be aligned with the south parking area. A jog is needed to access the Building BIC parking area. 970-748-4413 matt@avon.org Page 16 @US STQP AMP SiGEWALIK +-, PER MWM RM FLAW. TYP. CFG55 GUTTER, TYP. .... •:::.5l :::::::::::::... 'r.'m^c GDT TYPE td DDLJM OWED CCNC. STAIRS sommommommoommomm. :::::::. INLET. TYP. w}p;✓uL5 n,BULGING FIRE NwCPJJITOVURK iG, TYP. TYP:{_ : L61NG B .::i9.o', trP. IG.h' ohwc. :: SJDEWALK, ,tin, 00NC. STAIRS y wwoRvLs ., snow sTOR,saL uatxx RE!LANDSCAPE. TTP, O ' CURB *0 GUTTER. ,+1)APaIitlSING, ::::: F:::: ....... '',T'R ! .....'P'FEHffaTMWf i.0' 46NC- ....::777 Sidewalks will be extended to the project, as well as a road crossing to connect with the westbound bus stop. The parking is a mixture of structured, surface, and covered surface. The "sea of asphalt" design guideline appears to be addressed through a combination of building siting, landscaping, and various covered surface parking areas. Further design details on the covered parking structures should be provided for review by the DRB. Landscaping: "Acceptable landscape design will, among other things; retain and promote as much healthy native vegetation as practical, encourage creativity and personalized design of the landscaping, conserve water by creating landscapes where water -wise plants predominate, minimize the use of water -heavy plants and limit water -heavy plants to specific focal areas, limit total irrigation coverage using microclimate responsive design of irrigation systems and their conscientious operation, eradicate and prevent noxious weed infestations, minimize site grading, take into consideration the location and impact on the surrounding area, and respect and enhance the design of the streetscapes." "The minimum landscaped area required is equal to 20% of the gross site area less the footprint of all approved Buildings." "Any area outside the approved area of construction disturbance is deemed a natural area and is to remain in its natural state." "Maximum site coverage for all Buildings is 30% or as the DRB recommends. Maximum site coverage for all impervious materials is 50% or as the DRB recommends." 970-748-4413 matt@avon.org Page 17 "Surrounding the Buildings and along the public ways (and within ROW), landscape plantings, walks, public lighting, site furnishings, and signage shall create a year-round synergetic, coherent, and environmentally friendly and festive atmosphere." "Irrigation is required in all formal landscaped areas." (PUD Guide) "All planted areas should not exceed a maximum slope of 2:1 with a minimum of two percent (2%). All grass areas should not exceed a slope of 4:1 with a minimum of two percent (2%)." (PUD Guide) Staff Response: The design plans confirm compliance with minimum Landscape Area [40% provided, 20% required] and maximum building coverage [30% permitted, 22% proposed]. The entire site is disturbed as a result of the overlot grading between the building site and the adjacent roadway construction. Generally speaking, the landscape plan provides for the use of drought -tolerant trees and shrub species in full sun areas. The plants all appear to be sized correctly as well. Avon's AMC standards require a separate irrigation plan, and we recommend the inclusion of this plan at building permit. Four-sided Design: The Design Guidelines do not contain any four-sided design suggestions; however, this is addressed in ADC. Staff Response: PZC has paid careful attention to Four -Sided Design in recent development applications, but it is not part of the VAA Guidelines. Staff recommends assessing the function and the appearance of the building from all sides. Building Design, Building Materials and Colors: "Articulation in Building planes should be of a magnitude and dimension that is consistent with the overall scale and massing of the Building, as well as the intent in design and appearance." (PUD Guide) Staff Response: Staff is comfortable that the building presents a variety of building planes, with interesting dimensions and spaces including uniquely shaped curvilinear balcony details and community gathering spaces. As recommended above, a physical on-site mockup should be a requirement of design review to confirm materials and colors. Scale and Massing: "All Buildings must face the street and take suitable measures to minimize its impact on all visible facades." "It is encouraged to use elements to break down the out of human scale and boxy architecture and create interest. Covered circulation, shading devices, canopies, Building entries can all be used to accomplish this. The Wal-Mart and The Home Depot canopy design are the standard for diffusing the standard box architecture." "Passive solar design as a component of the architectural design of individual Buildings is encouraged. Staff Response: The buildings are L-shaped, allowing the majority of the surface parking to be screened from public view. The differentiation in materials between the first level and upper stories, as well as the articulated, curvilinear balconies adds visual interest and helps break down the massing. Building entrances are generally located and aligned below level 2-4 balcony areas and contain a corresponding covered area for pedestrians. The lobby entrance contains an extended roof structure for weather protection. 970-748-4413 matt@avon.org Page 18 Windows: "Windows create interest in Building facades and communicate the type of Building and activities that are present. Windows may act as a lantern, establishing activity and vibrancy in the evening streetscape." Staff Response: Staff is satisfied with proposed window articulation. Windows are recessed from the primary building fagade cladding approximately 2 to 2 1/2" and have a black brake metal surround that coordinates with the black window frames. This type of detail should be present on an onsite mockup for confirmation. Roof Material, Pitch and Pedestrian Protection: "Each Building should utilize green roof technologies while creating a unique expression of quality. It is strongly recommended that all primary roofs are to be "green roofs" or "grass roofs" simple in form and skyline. Roofs may be exterior usable space or a site for photovoltaic or hydronic collectors." (PUD Guide) Staff Response: There does not appear to be any green aspect to the roofing. Staff would appreciate some acknowledgement of these guidelines. Per AMC Sec. 15.26, the design must include "solar -ready" areas on the roof. Trash Storage: "Service areas, such as loading bays, recycling areas, dumpsters, compactors, storage areas and large utility equipment (including ground mounted equipment such as power transformers and air handling equipment), must be enclosed, screened, or located such that they are not visible from the streets and adjacent land uses such as pedestrian access ways so that they do not negatively impact the Village by being in the public view." (PUD Guide) Staff Response: All trash and recycling is within the building garages, accessible by interior chutes. Separate doorways provide egress for the trash dumpsters for pickup in the main parking lot areas. This design ensures that receptacles are not visible from adjacent properties. Three electric transformers are indicated on the civil plans but are not represented on the landscape plans. The plans must be coordinated, and screening must be demonstrated. Snow Removal: "Snow piles are unsightly, are hazards to traffic that can block ingress and egress and view corridors, cause safety issues, cause potential fire hazards, and do not conform to the Design Philosophy." Snow Storage Minimum — 20% (PUD Guide). Staff Response: The summary table on the civil plans indicate meeting the 20% minimum Snow storage requirement, with every possible landscape island allocated for this element. The functionality of the snow storage areas, and ability to remove snow from these areas should be demonstrated through the Village at Avon design review process. Specifically, a separate snow storage (and removal) plan should be provided Exterior Lighting: "Nighttime lighting on a site shall be designed to minimize glare, light trespass and light pollution and to conserve energy and maintain night-time safety." Staff Response: A complete lighting schedule, photometric plan, and light cut sheets are provided. Light trespass appears to be contained according to the photometric plan, and light levels are low across the site. The amount of topography between the buildings and the adjacent properties may make some of the recessed, and even full cutoff fixtures, present beyond property lines. 970-748-4413 matt@avon.org Page 19 Bicycle Facilities, Mobility and Connectivity: "The Village will share common connectors of vehicular and pedestrian traffic. These links will be connections of similar design details, utilizing both natural and human -made design elements." "Properties must include continued paths, as they cross the landscaped property. This should include a continued theme of plantings that co -exist with existing landscapes along the walking paths. Also, to be included are benches and/or other rest areas for pedestrians, as necessary. Also to be considered are storage areas and equipment for bicycles and other alternative transportation." "The carefully planned transition between auto and pedestrian is an important element that encourages the use of convenient parking and inviting pedestrian paths." (PUD Guide) Staff Response: There is an internal system of paths and walkways that connect buildings with amenity spaces, parking areas, adjacent sidewalks, as well as a new path below the project. The patch below the project will be part of a park tract called "PI" according to PUD. The P1 path/park will traverse the valley floor and terminate into a regional park in Planning Area B. e a Path os Alternative Transportation Modes: Development in VAA is subject to mobility and connectivity provisions within the Sec. 7.28.040 of the ADC. According to Sec 7.28.040(4), Facilities, a bus pullout and shelter can be required when deemed necessary by the Transportation Director and/or the Town of Avon Comprehensive Transportation Plan. Bus pullouts and bus shelter design be provided and incorporated in the final design submittal. Staff Response: Bus stops and shelters are indicated on the plans and they have been coordinated with the Public Works Director. The shelter design shall match 970-748-4413 matt@avon.org Page 110 the Town Standard established elsewhere in Town. Adequate connectivity and a road crossing are indicated on the plans. Development Transitions: "The carefully planned transition between auto and pedestrian is an important element that encourages the use of convenient parking and inviting pedestrian paths." "The architecture at the Village should create visually pleasing, enjoyable Buildings and structures that create an architecturally vibrant Village. Buildings shall include quality design details and utilize elements of design that will add context and interest to achieve the Design Philosophy. The standard for architectural design shall be Traer Creek Plaza." "Each Building must be a unique expression that complements the Village by contributing to the fabric as one among many, not to stand alone. The designer is to establish a unique stylistic expression, while using complementary forms of material and color." (PUD Guide) Staff Response: The project provides a unique, complementary expression that complements the other Village developments in the area. While the project is immediately adjacent to Piedmont, the topography is substantial between the project and they will not `read' as immediate neighbors. o �� ibisOJO �4 . s: J0 ed T; t, Jq tit. 2t 1— �a IMF Adjacent Piedmont Apartments Screening: "All roof mounted machinery, vents, fans, etc. will be screened and hidden from sight. All loading and refuse areas, mechanical or utility equipment will be screened." Staff Response: Plans should make these requirements clear. Roof mounted equipment, if any, should be called out on the plans and screened appropriately. ATTACHMENT LINKS: DESIGN PLANS PUD GUIDE & MASTER PLAN DESIGN GUIDELINES 970-748-4413 matt@avon.org Page 111 AVON PLANNING & ZONING COMMISSION MEETING MINUTES TUESDAY, JUNE 6, 2023 100 MIKAELA WAY -AVON COUNCIL CHAMBERS C O L O R A D O 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY PZC CHAIRPERSON ANTHONY SEKINGER AT 5:01 PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BRAD CHRISTIANSON, BILL GLANER, ANTHONY SEKINGER, AND OLIVIA COOK. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER,JENA SKINNER, AICP, AND PLANNER 1+ MAX MORGAN. COMMISSIONER SCHAEFER WAS NOT PRESENT AT THE TIME OF ROLLCALL BUT JOINED THE COMMISSION AT 5:04PM. COMMISSIONER HYATT WAS NOT PRESENT. THIS WAS THE FIRST PZC MEETING FOLLOWING THE RESIGNATION OF COMMISSIONER RYAN WOLFFE 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE MEETING AGENDA. COMMISSIONER SCHAEFER SECONDED THE MOTION, AND THE MOTION WAS PASSED 5-0. 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. PUBLIC HEARING 4.1. AVON DOWNTOWN DEVELOPMENT AUTHORITY PLAN (TOWN MANAGER ERIC HEIL) PUBLIC COMMENT: NONE ACTION: COMMISSIONER GLANER MOTIONED TO RECOMMEND THE PLAN TO FORM A DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") WITH A CONDITION FOR MORE INFORMATION ON THE IMPACT OF TAX ALLOCATION RELATED TO THE DDA. COMMISSIONER COOK REQUESTED THAT THE CONDITION INCLUDE THE DEVELOPMENT AND APPLICATION OF A COMMUNITY HOUSING PLAN AS A MEANS TO TARGET AREAS FOR FUTURE PLANNING AND DEVELOPMENT. COMMISSIONER SCHAEFER REQUESTED THAT THE CONDITION INCLUDE THE ASSESSMENT OF THE SCOPE OF IMPACT ON TOWN OF AVON FINANCES AS IT RELATES TO THE DDA, SECONDED THE MOTION, AND THE MOTION PASSED WITH A 5-0 VOTE. 5. CONSENT AGENDA 5.1. MAY 16, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. RECORD OF DECISION HIDDEN VALLEY ESTATES - TRACT Y ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE. ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER SCHAEFER SECONDED THE MOTION, AND THE MOTION WAS PASSED 5-0. 6. FUTURE MEETINGS Page 1 of 2 6.1. JUNE 20, 2023 6.2. JULY 5, 2023 (WEDNESDAY) 7. ADJOURN THE MEETING WAS ADJOURNED AT 6:28 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: AR CHAIRPERSON Page 2 of 2