TC Council Packet 11-13-2007TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 13, 2007 VON
. . . ..... . . .. ;
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
TOWN COUNCIL AGENDA
MEETING BEGINS AT 5:30 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. CITIZEN AND COMMUNITY INPUT
a. Housing Action Team 2008 Work Plan Proposal (Tori Franks, Don Cohen, Economic Council of
Eagle County) (30 minutes) Review of 2008 proposed budget and funding requests from Avon and other
communities
5. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
a. PUBLIC HEARING on Village at Avon PUD Amendment
Property Location: Village at Avon PUD
Applicant: Dominic Mauriello, MPG / Owner: Traer Creek
Description: First Reading of Ordinance No. 07 -10, an Amendment request to reconfigure the
planning area boundaries of Planning Areas H, Neighborhood Center; I, Neighborhood Center;
E, Village Residential; and F, Village Residential / An amendment to create a larger buffer
between commercial uses and the adjacent existing Eaglebend drive residential neighborhood.
Also part of the request is a text amendment to the PUD guide that will result in a modification to
the current percentages and ratios of commercial -to- residential uses in order to permit more
residential density in areas that are presently planned for more commercial square footage.
6. ORDINANCES
a. Public Hearing on Ordinance No. 07 -11, Series of 2007, Second Reading, An Ordinance
Relating To The Establishment Of Special Districts Within The Town Of Avon (John Dunn, Town
Attorney) Proposed legislation which will establish regulations governing existing and new "Title 32"
special districts, such as metro districts, water & sanitation districts, fire districts & recreation districts; this
public hearing was continued from 10/23/07
7. RESOLUTIONS
a. Resolution No. 07 -39, Series of 2007, Resolution approving Model Special District Service Plan
(John Dunn, Town Attorney) Review of model service plan as recommended by Avon Legal
Subcommittee
b. Resolution No. 07 -40, Series of 2007, Resolution Certifying Delinquent Real Estate Transfer
Tax for Collection by the Eagle County Treasurer (Scott Wright, Asst. Town Manager Finance)
8. NEW BUSINESS
9. UNFINISHED/ OLD BUSINESS
10. OTHER BUSINESS
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
13. MAYOR REPORT
TOWN OF AVON, COLORADO ,:«::..:�_
REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 13, 2007 VON
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD c 6 ; -r ; -' ; ;
14. FUTURE AGENDA ITEMS:
November 27th: Public Hearing on 2008 Budget, Show Cause Hearing Pizza Hut, Climate Action Plan,
Lake Street Design Update, Ordinances related to Police matters (larceny definition;
training surcharge)
December 11th: Budget Adoption, Resolution Canceling December 25th meeting, AURA Meeting, Lot C,
Parks Master Plan Consultant Recommendation
15. CONSENT AGENDA
a. Minutes from October 23, 2007
b. Design Workshop Add Services Contract for Avon Town Center East (Eric Heidemann,
Community Development Director)
c. Change Order 2 for the 2007 Street Improvements (Shane Pegram, Engineer t)
d. Union Pacific Railroad At -Grade Railroad Crossings, Contract with B &B Excavating, Change
Order 002 (Jeff Schneider, Engineer ll)
e. B &B Excavating Proposal for Nottingham Power Plant Stabilization Plan (Waterwheel) (Shane
Pegram, Engineer l)
f. 3 -D Modeling for East Town Center District Plan (Eric Heidemann, Community Development
Director)
g. Vail Valley Foundation Agreement — 2008 Fleet Maintenance Services (Jenny Strehler, Public
Works /Transportation Director)
h. Vail Resorts Dial a Ride Agreement — 2008 Fleet Maintenance Services (Jenny Strehler, Public
Works/Transportation Director)
i. Eagle County Ambulance District Agreement — 2008 Fleet Maintenance Services (Jenny Strehler,
Public Works /Transportation Director)
j. Intergovernmental Agreement between Town of Avon & Beaver Creek Metro District (Jenny
Strehler, Public Works/Transportation Director) (Per Charter Section 16.2 approval requires 2/3 of Council
support) Agreement related to Transportation Services to be provided by Avon Transit on behalf of the
Beaver Creek Metro District — Parking Lot Shuttle & Special Services November 2007 through October
2008
k. Agreement between Beaver Creek Resort Company and Town of Avon (Jenny Strehler, Public
Works/Transportation Director) Third Party Agreement for Transportation Services to be provided by Avon
Transit for BCRC November 2007 through October 2008 for Ski School Express
16. ADJOURNMENT
MEMO
TO: HONORABLE MAYOR AND TOWN COUNCIL
FROM: PATTY MCKENNY, DIRECTOR ADMINISTRATIVE SERVICES
DATE: NOVEMBER 6, 2007
RE: ECONOMIC COUNCIL OF EAGLE COUNTY MATERIALS
SUMMARY:
Attached are materials related to the presentation by the Economic Council of Eagle County
for the 2008 HAT Work Plan. Don Cohen & Tori Franks will present during Community
Input at the Regular Council meeting.
Getting Going on Housing
A plan that starts in 2008 to move forward on the Urban. Land Institute's
MCI
positive step forward.
Commence implementation of
ULI recommendations under
direction and management of
Economic Council
Create a strong leadership
:e representing top leadership
n both the public and private
or.
kssemble a coalition of county,
n and private sector funding.
Q Locate the housing office independently to promote a sense of neutrality and private sector
entrepreneurism and flexibility.
Use the Economic Council to begin ramp -up activities for the remainder of 2007 with a full
follow -on funding commitment for 2008.
The benefits of this plan:
It demonstrates positive, decisive action and can be implemented NOW.
It can move quickly and nimbly and can balance different town or private sector interests.
It does not lock any participants into long term commitments.
AP
The ECEC already has the talent, basic infrastructure and knowledge of the housing issue.
The ECEC is perceived as a trusted and politically neutral organization and it works
comfortably with both the private and public sectors. It is far better positioned to attract
and engage private sector participation.
Economic Council of Eagle County POB 1705 Edwards, CO 81632 T (970) 926 -7899 F (970) 926 -7890 dcohen@economiccoundl.b¢
The BIG picture
A broad spectrum work plan.
Organizational Structure
O Managed by: Economic Council of Eagle County
O Directed by: Housing Action Team Board of Advisors
With $2 -$3 billion dollars of
projected development in Eagle
County over the next 5 -10 years,
the demand for affordable
workforce housing will increase.
Creating a cohesive alternative
housing market with a broad
spectrum of housing products is
the goal. This parallel housing
market would not compete with
open market products.
Homebuyers, as they do now,
could start in residency qualified
(RQ) housing and move to open
market products as their finances
and interests allow.
e Government rep resentatio n:Vai 1, Avon, Redcliff, Minturn, Eagle, Gypsum, Eagle County
e Private sector representation:Vail Resorts, Beaver Creek Resort Company, Polar Star
Development, I st Bank, (others TBD)
Scope of Work
e Creating new housing opportunities
O Buyer /renter information
• Property inventory database
• Governmental support (data, legislative advisement)
• Program administration and management services
O Public information
O Leadership in economic data, community facilitation and public information
Economic Council of Eagle County Workforce Housing Plan 2007/08 2
The Housing Action Team sits at the center of workforce housing coordination. For
the first time, there will be a single point of service and information clearinghouse to
effectively meet the needs of governments, employers, developers and homebuyers.
Economic Council of Eagle County Workforce Housing Plan 2007/08
t � � � � � w
1 !' t ! '! R
r • • - - r
• _ s • • a
�,°
;:� T*
-�E
Funding
The 2008 workplan budget has been developed at $300,000 with a formula that calls for 75%
governmental funding with 25% coming from the private sector. The percentage of each
governmental entity was determined by using the NW Council of Governments Rural Resort
Region formula which blended 1/3 population, 1/3 sales tax and 1/3 assessed valuation.
Vail
12.97%
$29,180
Avon ' '
7.34%
$16,500
Mnturn
0.94%
$2,100
Redcliff
0.31%
$700
Eagle
4.22%
$9,500
Gypsum
4.84%
$11,000
Eagle County
69.38%
$156,000
75%
$225,000
Prwate Sector
25%
$75,000
Economic Council of Eagle County Workforce Housing Plan 2007/08 5
Economic Council of Eagle County 2008 Projected Budget
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
Income
Govt Underwriting $150,000 $50,000 $25,000 $225,000
Private Underwriting $25,000 $25,000 $25,000 $75,000
$175.000 $75.000 $50.000 $0 $0 $0 $0 $0 $0 $0 $0 $0 5300.000
Expenses
Staff
$11,250
$11,250
$11,250
$11,250
$11,250
$11,250
$11,250
$11,250
$11,250
$11,250
$11;250
$11,250
$135,000
Employment Overhead
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$2,813
$33,750
Office Rent/Overhead
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$1,645
$19,740
TraveVExpenses
;$100
$100
" $100
$100
$100
$100
$100
$100
$100
$100
$100
$100
$1,200
Web Service
$150
$150
$150
$150
$150
$150
$150
$150
$150
$150
$150
$150
$1,800
ContractAdmin
''-
$,1,000
$1,000
$1,000
$1,000
,$1,000
$1,000
$6,000
Contract Research
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$4,000
$48,000
Publishing/Printing
$2,000
$2,000
$2,000
$6,000
Technology/Fbctures
;$8,000
$4,000
-
$2,000
$14,000
Software/Upgrades
- $1,000
$500
$500
$2,000
Database Development
$10,000
$10,000
$5,000
$25,000
Conferences
$1,500
$1,500
Meetings /Programs
$1,500
$1,500
$1,500
$1,500
$6,000
$42,458 $23,958: $20,458 $33,458 $19,958 $24,958 $23,458 $22,458 $22,458 $24,458 ; $20,958 $20,9581 , $299,990
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Gennett, AICP, Senior Plannerl
Date: November 13, 2007 Meeting
Re: First Reading of Ordinance No. 07 -10, Village at Avon, Filing 1, PUD
Amendment Application (PUBLIC HEARING)
Summary:
The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the
owner of the property, Traer Creek -RP, LLC, is proposing to amend the Village at
Avon PUD. The proposed amendments to the PUD include a request to reconfigure
the planning area boundaries of Planning Areas H, Neighborhood Center, I,
Neighborhood Center, E, Village Residential, and F, Village Residential, for the
stated purpose 'of creating more of a buffer between commercial uses and the
adjacent residential neighborhood that currently exists along Eaglebend Drive. The
applicant is also proposing a text amendment to the PUD guide that will result in a
modification to the current percentages and ratios of commercial -to- residential uses
in order to permit more residential density in areas that are presently planned for
more commercial square footage.
Please refer to the attached Staff Report, dated October 11, 2007, and the
accompanying materials, which include the applicant's proposal, for the specific
details of this request for an amendment to the Village at Avon PUD. Not included in
the report is an additional Condition of Approval (#6) which Staff added since the
October 16, 2007 Commission hearing. The proposed condition, which was a
previous condition of approval for the last PUD Amendment approved by the Council
in January 2007 (see Ordinance 06 -17, attached), has not been satisfied and
contains restrictions relative to some of the planning areas included in the proposed
amendment.
Planning and Zoning Commission Recommendation:
The Planning & Zoning Commission held a public hearing on October 16, 2007, to
consider the applicant's proposal. At this hearing, the Commission forwarded a
recommendation of approval to the Avon Town Council, but declined to consider or
deliberate upon Staffs suggested conditions of approval and, instead, deferred said
conditions to Council for review and consideration. The Commission stated that it is
not within their purview to make decisions on the types of issues raised by Staffs
suggested conditions of approval, despite being counseled otherwise by the Town
Attorney during the meeting.
Staff Recommendation:
Staff recommends the Avon Town Council approve Ordinance No. 07 -10 on First
Reading.
Available Actions:
1) Approve on First Reading Ordinance No. 07 -10;
2) Table on First Reading Ordinance No. 07 -10; or
3) Deny on First Reading Ordinance No. 07 -10.
Town Manager Comments:
r
Attachments:
- Ordinance No. 07 -10
- Memo from the Avon Department of Transportation dated November 5, 2007
- Planning and Zoning Commission "Draft" Minutes from October 16th, 2007
meeting.
- Ordinance No. 06 -17
- Staff Report to the Planning and Zoning Commission dated October 11, 2007
(includes all original attachments)
Ordinance No. 07 -10, Village at Avon PUD Amendment
Town Council November 13, 2007 Regular Meeting (PUBLIC HEARING)
AN ORDINANCE RECOMMENDING APPROVAL, WITH
CONDITIONS, OF A PUD AMENDMENT APPLICATION AMENDING
THE VILLAGE AT AVON PUD PLANNING AREAS E, F, H, I AND J,
FILING 1, VILLAGE AT AVON SUBDIVISION, TOWN OF AVON,
COUNTY OF EAGLE, AND SETTING FORTH DETAILS IN REGARD
:1 N Ili 0 Us]
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to
amend the existing Planned Unit Development ( "PUD ") for the Village at Avon PUD; and
WHEREAS, the proper posting, publication and public notices for a hearing on October 16, 2007
before the Planning and Zoning Commission of the Town of Avon were provided as required by
law; and
WHEREAS, said application was heard at the October 16, 2007 Planning and Zoning
Commission hearing and the Commission forwarded a recommendation of approval to the Avon
Town Council, but declined to make a decision on the suggested conditions of approval contained
in the Staff Report dated October 11, 2007, and deferred said conditions to Council for their
consideration; and
WHEREAS, said application at least partially complies with the Town of Avon Comprehensive
Plan's Goals, as required by section 17.20.110h(1) of the Avon Municipal Code; and
WHEREAS, the following criteria are to be considered when evaluating this type of application:
1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives.
2. Conformity and compliance with the overall design theme of the town, the sub -area design
recommendations and design guidelines of the Town.
F.9Comici[IOrdinances120071OPD 07 -10 VAA Amend.doc
3
3. Design compatibility with the immediate environment, neighborhood, and adjacent properties
relative to architectural design, scale, bulk, building height, buffer zones, character, and
orientation.
4. Uses, activity, and density which provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the
property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
7. A circulation system designed for both vehicles and pedestrians addressing on and off site
traffic circulation that is compatible with the Town Transportation Plan.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural
features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate
that each phase can be workable, functional and efficient without relying upon completion of
future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation systems, roads,
parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within
the proposed PUD and in the vicinity of the proposed PUD.
WHEREAS, this PUD Amendment provides limited evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code; and
F. "ICotinci110rdiivancesl200710RD 07 -10 VAAAmend.doc
L4
WHEREAS, approval of the subject application to amend the Village at Avon PUD, Filing 1,
dated July 12, 2007, is entirely contingent upon the following conditions of approval:
Planning Areas E, F, H, I, and Jshall be limited to a 5-year vesting period,
pursuant to Avon Municipal Code Section 17.14.060(a), the Town's vested rights
regulations;
2. Section I(12)(d) of the Village at Avon PUD Guide shall be amended to include
Planning Areas B, C, D, E, F, G, H, I, and J;
3. The applicant shall quantify the proposed traffic impacts with respect to trip
generation, impact to existing travel times, and stacking for all modes to the
satisfaction of the Town Engineer through submittal of a Traffic Study prepared
by a qualified licensed Traffic Engineer prior to the issuance of a building permit
within Planning Areas E, F, H, I, and J;
4. At such time as formal approval by Town Council is granted for this amendment,
the applicant will have provided sufficient language to be incorporated within
the PUD development plan and annexation agreement which guarantees a
portion of the remaining attainable housing requirement be realized in Planning
Areas E, F, and H
S. The applicant shall initiate and properly maintain mass transit service
connecting West Avon to the easternmost commercial parcels and Buffalo Ridge
of the District, at a level of service no less frequent than is provided within the
Town, from time -to -time, and pursuant to Section 4.10 of the Village at Avon
Annexation and Development Agreement, prior to the issuance of a building
permit within Planning Areas E, F, H, I, and J; and
6 No subdivision or buildingpermit applications will be accepted by the Town for
Village at Avon PUD Planning Areas A (excluding the portion described in
Exhibit "B " to Ordinance No. 06 -17), B, C,D,E, F or H until the applicant has
complied with Condition #1 contained in Ordinance 06 -17 adopted on January
23, 2007
F:ICoimcillOrdiaances120071OPD 07 -10 VAAAmend.doc
I
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13"' day of November, 2007, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 27th day of November, 2007, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of 52007.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ronald C. Wolfe, Mayor
F .ICoteraci[IOrdinances120071ORD 07 -10 VAAAmend.doc r
Memo
To: Town Council
Through: Lary Brooks, Town Manager
From: Jennifer Strehler, P.E., Director of Transportation
Cc: Department Heads
Date: November 5, 2007
Re: Transportation Considerations regarding the Village at Avon/Traer Creek Metro District
One of the conditions in the Town's response to the recent request by the Village atAvon/Traer
Creek Metro District to amend their PUD agreement was a requirement for initiating transit bus service
between the Town Core and the Village. The purpose of this memo is to provide back -up information
which substantiates the critical need for this condition to be met.
Demand for mass transit between Avon Center and the developed areas of Traer Creek has been
demonstrated in a number of ways. This is evidenced as follows (see Table 1 and Figures 1 and 2):
1. Pilot Service Ridership Records - Between June 2006 and April 2007, the Town of Avon
provided bus service to Traer Creek by integrating stops at Wal -Mart and Buffalo Ridge into the
existing Blue and Red routes. This service was a bare minimum level of service: 30 minute
interval. This "pilot project" provided an opportunity to assess latent demand and determine
the relative cost of connecting this area to the town core. Results of this pilot service:
a. There was significant use of the stops at Wal -Mart and Buffalo Ridge, including over
84,000 passenger boardings. Note that the bus stop use metrics only count riders
as they board. Since most riders usually ride the bus in both directions, the
number of bus trips which involve Wal -Mart or Home Depot is actually likely to be
approximately double the bus spot usage value (i.e. accounting for both boarding
plus disembarking at these stops).
b. A more evenly distributed diumal pattern of bus use was observed, especially with
more late afternoon and evening riders. This suggests that peak hour vehicular traffic
• Page 1
7'
through Avon is reduced as a result of this integrated transit service, although traffic
counts were not obtained to verify. A traffic study would elucidate the relationships
between transit, vehicular traffic, and parking pertinent to the proposed development
plans in the Village and would also assist with establishing road design requirements.
c. Bus drivers state that they observed riders who lived in Avon and worked in the Village
commercial businesses (e.g., dressed in or carrying uniforms). The Town wishes to
facilitate live -work arrangements while also minimizing traffic impacts via greater use of
transit.
d. An increase of over 200% was observed in Avon Transit's overall total ridership, as
compared to previous years.
e. The integrated 30 minute service was provided by Avon Transit at reasonable cost,
especially for the level of ridership it generated in this short demonstration period. We
estimate that the approximate cost of the pilot service was about $466,000 or about
$2.75 per rider visiting Wal -Mart or Buffalo Ridge (see comment "a" above).
Furthermore, we anticipate that the unit cost will drop after the initial years as more
people learn to take advantage of the transit service. (Note: Despite the low -cost and
popularity, no reimbursement payment has been made from Traer Creek to the Town
for this integrated pilot service).
2. Phone calls / Public Comments - Avon Transit received strong positive feedback from the
community when stops at Wal -Mart and Buffalo Ridge were added during June 2006 and April
2007. Avon Transit was severely criticized when this service was discontinued in May 2007.
3. Personal observations — Public Works and Transportation staff routinely observe individuals
walking down East Beaver Creek Blvd. (between the Rodeo Lot and Wal -Mart) or north Post
Blvd. carrying Wal -Mart or Home Depot shopping bags. Many /most of these individuals are
minorities and /or women with small children. It appears that the current lack of transit service
within the Village is most heavily impacting the most economically stressed members of our
community; those to whom the Buffalo Ridge development also targeted. Without transit
service to Buffalo Ridge, these residents are effectively "cut -off' from the rest of the community
and social services, and must either walk or own and insure their own vehicle. I believe that it
has always been the Town's intention that any application for new medium to high - density
developments like Buffalo Ridge include a commitment to provide and fund transit services for
connectivity with the greater Avon community.
In summary, I believe that there is an existing mass transit demand which has been created by the
Traer Creek Metro District that has never been properly mitigated. I do not believe that the applicant
should be allowed to continue take a "piece -meal" approach to development, permitting, provision of
municipal services, and associated mitigation. It remains unclear to me how the next proposed phase
of development will appropriately address multi -modal transportation concerns, including:
• Bus transportation (service level, dates for initiation, bus stop /shelter locations, stop /shelter
design)
• Connectivity between modes (need sufficiently sized hub to connect vehicular, bus, train, and
pedestrian modes)
Vehicular traffic (projected counts, circulation, turn pocket locations, parking)
• Page 2 of 4
• Pedestrian and bike (trails, lanes)
• General overall transportation issues (e.g., road width, road design, r.o.w. size)
I strongly urge Town Council to support the conditions listed in response to the recent
development application. I think it is imperative that the Town require any revised development
agreement amendment or application with Traer Creek/Village at Avon to provide a detailed final build -
out plan and specifically quantify the current and projected future transportation demands. This plan
should cover the whole District (not just a geographic portion part or a short -term impact) and it should
also clearly describe how multi -modal transportation demands will be met in a manner and a timetable
that is mutually agreeable.
Table 1. Avon Transit VAA Service
70,000
60,000
50,000
o. 40,000
L
2
d
'O
a 30,000
20,000
10,000
El Feb -April 2006
® Feb -April 2007
Blue Route Red Route
Figure 1. Comparison of Ridership before and after addition of stops at Buffalo Ridge and Wal-
Mart
• Page 3 of 4
Passenger Boardings
Actual Service Hours
Time Periods
Wallmart Stop
Buffalo Ridge
Red Route
Blue Route
Total both
Stop
routes
May 28, 2006 - Nov 21, 2006
29,878
7,045
2,401
1,596
3,997
Nov 22, 2007 - April 15, 2007
37,695
9,777
1,709
1,106
2,815
Total
67,573
16,822
4,110
2,702
6,812
Average per month
6,296
1,567
383
252
635
Average per day
210
52
13
8
21
70,000
60,000
50,000
o. 40,000
L
2
d
'O
a 30,000
20,000
10,000
El Feb -April 2006
® Feb -April 2007
Blue Route Red Route
Figure 1. Comparison of Ridership before and after addition of stops at Buffalo Ridge and Wal-
Mart
• Page 3 of 4
Other
Beaver Creek Elk 8%
Lot
7%
City Market
15%
Westgate
17%
Wal -Mart
17%
• Page 4 of 4
Avon Center
11%
Aspens
25%
Other
Buffalo rx!
6%
Beaver Creek Elk
Lot
7%
Stonebridge /Eag
ebend
9%
City N
15%
Beaver Creek Elk Other
Lot 6%
8'
City Marke
12%
We
Blue Route
Red Route
Buffalo Rldge
12%
Westgate
Wal-Mart
Combined Systn
Aspens Mobile
Home Park
14%
Avon Center
12%
Stonebridge/
Eaglebend
22%
dr
V 17"/0
Figure 2. Percentage of Ridership by Bus Stop, Summer 2006
Town of Avon Planning & Zoning Commission
AVON Meeting Minutes for October 16, 2007
Avon Town Council Chambers
L o R A D D Meetings are open to the public
Avon Municipal Building / 400 Benchmark Road
REGULAR MEETING
Call to Order
The meeting was called to order at 5:30 pm.
Roll Call
All Commissioners were in attendance with the
Additions and Amendments to the Agenda
Items XI, Master Sign Program, Property Location. l o1
Riverfront Lane; XII, Minor Project Application, A., Shed
41 -B, Block 3, Wildridge Subdivision / 4330 FI Point R
Application, B., Lau Deck Remodel, Pro = ° atio
Subdivision / 2380 A Old Trail Road, wer . move e
IV. Conflicts of Interest
Commissioner Evans revealed
Location: Folson Annexati56" Location: Lot 22, Block 1, Final Design Applications,
12 and 13, @ ' dge Si
nt Subdivision / 126
roperty Location: Lot
�II, Minor Project
Block 1, Wildridge
enda.
flict wit Items I"PUD Amendment, Property
Highwa; 4 IX, Sign Code Variance, Property
-k at Bea k Subdivision / 77 Metcalf; and X,
Courtyard Vi as of Wildridge, Property Location: Lot
won /4080 Wildridge Road West.
V. Cons Agenda
Approval of the O 2, 200 Meeting Minutes.
Item XI, Master Si rogram, Property Location: Lot 2, Riverfront Subdivision /
26 Riverfront Lane
h= XII, Minor Pro' Application, A., Shed Addition, Property Location: Lot 41-
10 ock 3, Wildrid - Subdivision / 4330 Flat Point Road
• Ite § I P ject Application, B., Lau Deck Remodel, Property Location: Lot
95A,° hk 1 dridge Subdivision / 2380 A Old Trail Road
Commissioner ve motioned for approval of the Consent Agenda with Commissioner
Smith seconding the motion. The motion passed unanimously.
VI. Site Tour Follow -up / Timeshare West - CONTINUED
Property Location: Lot 3, Riverfront Subdivision / 218 Riverfront Lane
Applicant: Aleksandr Sheykhet / Owner: Starwood Vacation
Description: Follow -up to Final Design approval condition for the Timeshare West
project. This design was approved at the May 1, 2007 Commission meeting, and an on-
site mockup review for this item is now required. Formal mockup review will be
November 6, 2007.
Matt Pielsticker gave a brief explanation of Staff's Memo.
Chuck Madison, East West Resorts, approached the podium to address the concerns of
the mockup. Mr. Madison discussed the palates of colors considered by experts he
consulted, changes in materials and elevations, and an explanation of how the decisions
were derived.
Commissioner Goulding voiced concern for the level and quality of mock up
workmanship. Commissioner Struve mentioned that this project was looking similar to
the hotel but better than previously presented. Commissioner Foster commented that
the original mockup did not look like the original plans an was concerned it would
remain as before and not the new look. 'Agm lVal. _J+
This item was tabled to the November 6, 2007 Planning Vining Commission
Meeting and a final on -site review.
VII. PUD Amendment — CONTINUED PUBLIC HEARIN ""f
WProperty Location: Folson Annexation Parcel / High 6
l
Applicant: Larry Vineyard, Premier Holdings LLC /Owner. ' W Olson
Description: The applicant, Premier Property Holdings LLC, os'g a phased 112
unit condominium project, including a testa the Folson ation Parcel. The
property is immediately east of the 49 u ate eaver Cre condominium project
currently under construction. This app ationa d o the February 20, 2007
Planning Commission Meeting.
Matt Pielsticker presented the fifOlkeport to
Commissioner Goulding qu #§, if wildfire MiTti§ation was reviewed and concern with
a fire on the 40,0/b sl E).e... R ,
Greg
nummi -<
Madi '0
Phase II
Pik, Tab anA �s�ciates,:��; ached the podium to address Commission
Mr. Macik be w at he c d not guarantee LEED certification, expressed
n standards wer= h quali , and this project would provide a large amount of
ae, moved Phas o the east, slightly away from the Gates project, lowered
t of the buildings minated Phase III, reduced the size of the units, parking
were decreased d mentioned that surface parking will exist. Lou Reese
accommod
1300 sq ft,
rs, spok rom the podium to get feedback, gave other suggestions for
to cre 5 duplexes (10 housing units), requested increase in height to
s, reduce the square footage of the condo units from 1600 sq ft to
Commissioner"review began with Commissioner Goulding voicing surprise of the new
presentation that included duplexes. Commissioner Struve suggested townhouses
versus duplexes, and walking paths were necessary. Commissioner Foster commented
on the restaurant size change, duplexes were a good idea, suggested duplexes on
either side of the main building. Commissioner Lane preferred the townhouse idea, roof
ridge was a concern, and questioned the LEEDS process. Commissioner Smith found
the townhouse concept interesting.
OPENED PUBLIC HEARING
A-1,
Chris Todd, Canyon Run Resident, approached the podium to understand the definition
of conditional approval. Matt Gennett responded that this was an entitlement process.
Mr. Todd expressed that elimination of Phase II with town homes was a good move,
commented that Highway 6 was to become a 4 lane highway and, with access and
egress, it would be 6 lanes and voiced concern that the landscaping would go away with
the expansion of the roadway and requested a new site plan.
Tom Hix, Canyon Run resident, commented that height was an issue, the structure was
too tall and too wide for the site, commented that there are geologic hazards on the site,
expressed that this project was on the wrong side of the highway and the wrong side of
the river, basically the wrong location, canyon effect was sti present, and the Future
Land Use Plan specifically addressed the Folson Pro, - ith 5 1 sidences per acre
and the developer was presenting 27.5 units per a Ke , , continued that public
benefit was tax revenue, was not concerned with iximizing t the sake of the
town, and voiced concerned for the impact to the hi ical
Mr. Reese commented on the work of the develop 141W d their comma 10"to going
Green should be noted. .
Julie Eaton, local, commented that the buildin was esthetic` ' �paoifig, and that this
would be a major improvement to the town a x� a good loo ect.
Craig Folson, property owner, voiced fro &the poi , ppc#t fdf this project.
Tse of 10 foot h&i§,1 s in the
ng Highway 6 and th d His
rom t podiu 1 elimination of Building I and
issue ere iced.
PUBLIARING
ces�; to the town, easy route to town and Pstioned ceiling heights in the units with the
s. Commissioner Struve voiced concern with
House, and traffic calming.
Cisoner Struve mo to table Item VII, PUD Amendment, Property Location:
Fols xation Parcel ighway 6 & 24. Commissioner Foster seconded the motion
to table. motion pas 6 — 0, with all Commissioners approving.
VIII. PUD Amend ONTINUED PUBLIC HEARING
Property Locat illage at Avon PUD
Applicant: Dom" c Maunello, MPG / Owner: Traer Creek
Description: A�riendment request to reconfigure the planning area boundaries of
Planning Areas H, Neighborhood Center, I, Neighborhood Center, E, Village Residential;
and F, Village Residential, in order to create a larger buffer between commercial uses
and the adjacent existing Eaglebend drive residential neighborhood. Also part of the
request is a text amendment to the PUD guide that will result in a modification to the
current percentages and ratios of commercial -to- residential uses in order to permit more
residential density in areas that are presently planned for more commercial square
footage. This item was tabled from the August 21, 2007 and September 18, 2007
Planning and Zoning Commission meetings.
Matt Gennett reviewed the Staff Report with the Commission.
Dominic Mauriello, of the Mauriello Planning Group and representing the applicant,
began his presentation with a review of the background, public comment and his
impression of the sentiment from the neighbors in the Eaglebend neighborhood related
to decreasing commercial presence adjacent to their street. The areas at issue are
Planning Areas E, F, H, I and J, which are intended to be reconfigured with this
application in terms of commercial -to- residential square footages; and the size of Areas
E, F, H and I are to be modified as well. No net change of square footage or land use
would result from this application.
Mr. Mauriello continued by stating that the Ame
development, thereby establishing more of a `villa
voiced concern with Staff's report and his opinion t
PUD Guide and Annexation Agreement, and disco,
the Planning and Zoning packet. Mr. Mauriello cot,
not eliminate any of the triggers for the ice rink / evei
the
C; and the amendment is designed to apwasl
Commissioner Evans commented that he does not disa
that this Commission is concerned with zonin
continued that a traffic report would be provde.a
and not prior to building as Staff has col., 110
being required in areas E, F, and H, is a - probe
.� .
{ & r me nd improves the
nospiMr. Mauriello then
�. ,
con z` eem to violate the
hi tter as provided in
that this dm , t t would
er approved i wing Area
Eagleben neighbors.
jr- h Staff's conditions but
and not le su . Mr. Mauriello
me of perms ; . £ e Code suggested
e also St ; d employee housing
fior tfe a plicant.
Matt Gennett stated that a r':ident of EagleWit ho had to leave prior to this item
being heard, voiced concer a potential of buildings behind the Eaglebend
developments A r m b U . e public commented.
CLOSE J $LIC HEARING
C missioner review in d onlythe zoning aspects of the application, raising
rns with Tract F ga g additional commercial space, the realignment of the
su fanning areas, an , . ated that the staff conditions should be handled by Town
Coun 04 are out of th ealm of the Planning and Zoning Commission. Mr. John
Dunn sU "Uted the Co ission rely on staff's expertise on the issue.
Commissioner motioned to approve Item VIII, PUD Amendment; Property
Location: Villag Avon PUD, Ordinance No. 07 -10, modifying the subject Planning
Areas (E, F, I, and J), as requested by the applicant. Commissioner Goulding
seconded the motion and the motion passed 4 — 2.
IX. Sign Code Variance — NOTICED PUBLIC HEARING
Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision / 77 Metcalf
Road, Applicant/Owner. BBG Holding Corporation
Description: The applicant is requesting a Variance from Section 15.28.080(15) of the
Town of Avon Sign Code. The request is to allow a freestanding sign within 10' from the
front lot line.
l �,
Matt Pielsticker presented Staff's Report with Matt Gennett gave explanation of photos in
the behalf of the applicant, Chris Evans, who had reclused himself.
Commissioner review included questions regarding other sites and their monument
signs, and truckers having difficulty finding addresses.
OPENED PUBLIC HEARING
No members of the public approached the podium for comment.
CLOSED PUBLIC HEARING
Commissioner Lane questioned other variances forsi ns` in signs were a way
finding tool, and voiced that the sign did not belong :in a setb missioner Foster
questioned the height limitations on signs of at kissioner Struve
commented that way finding on Metcalf was dill - d that th ht ould be
adjusted higher but not placed in the setback. Com er Goulding ted that
hardship must be proven. Commissioner Smith co end : at the tree mi t block the
sign anyway.
Commissioner Foster motioned to approveifl e nial of Item I n Code Variance,
Property Location: Lot 22, Block 1, Benc mark a ver Creek Subdivision / 77 Metcalf
Road. Commissioner Lane seconded t-., : motio ^ m I iss ners were in favor and
the motion to deny was approved unani' sly 1, the fission.
X. Final Design Applications - Q06 T tNUED
A. Courtyard Villas of Wildri e
Property Location: Lot 12, Wildridge Subef ision / 4080 Wildridge Road West
Applicant /O f e. ae Ha dvanced Home Technologies, LLC
Descripti Ta, or a dev �:lopment accessed via a private entry court
off of3 a Point. T n is co ��orary with multiple flat roof elements. The
for re clad in Stucco ood to finish scale.
urtyard Villas of Wild e
P Location: Lot 13, k 3, Wildridge Subdivision / 4090 Wildridge Road West
App Owner: Micha azard / Advanced Home Technologies, LLC
De script'' inal Desi or a duplex development accessed via a private entry court
off of Littl Thdesign is contemporary with multiple flat roof elements. The
forms are cla o and wood to diminish scale.
Jared Barnes p p%ented the Staff Report for both lots, as there were presented together.
Michael Hazard, owner representative, began his presentation with some historical
information on the project and other duplexes in the project area.
Commissioner review included questions and comments on the views from each
residence, the building footprint's proximity to and encroachment of the setbacks,
adjustments for headlight issues, amount and type of landscaping and the proposed
colors. Commissioner Struve questioned if the square footage included the garage and
it was answered affirmatively. Commissioner Foster questioned the connection from C
to D and commented that the louvers reminded her of a jail.
15--
Mark Slatkoff, local resident, approached the podium to question the setback
encroachments, concerned with the sameness of all the units, had difficulty seeing any
daylight between the structures, asked if the site coverage calculations could be redone
and it that the project may negatively impact his home. Nigel Dagnall, neighbor to the
north of this project, voiced that the original presentation was poorly done. He was
concerned with parking in the area, light pollution from this type of window, chimneys
size and height as compared to the rest of the buildings, white coloration and
improvement from the original presentation.
Ernie Atlas, adjacent property owner, commented on how different this project is from
others in the area: Ron Brethauer, owner of 4221 V id R approached the
podium to comment on the height and that this pie t wou t be appropriate on
Highway 6 so why should it work in Wildridge. He =so mentio the structure was
extreme and was concerned with light pollution Klee r, �I 4de resident and
realtor, voiced that people want to buy something n didn't thi ul urn into
"a white elephant ".
Commissioner Goulding began the review by commentingrf .1 a measured the project
by the Guidelines not by his personal preference and deter 1; th "tit was within its
limits. He also commented that courtyard 7 nice app ro ood articulation in
both the vertical and horizontal planes, b� was t rned that s would be perceived
as one building and that the landscapi! plan Suva y nd would benefit by being
doubled. Commissioner Struve voiced nc%,,n abo.0 main floor connection, the
parking issue, and he stated that I" hti g plan was a ed and landscaping would be
key. Commissioner Foster questo d staff r, rdin a lot lines. Commissioner Lane
remarked that the style tur � is back on ; ghborhood and that he liked the
courtyard design but was fit this projec . He also voiced disappointment with
the materials b : d, tati at he expected different materials. Commissioner
Smith vol he R ce and D connection, how the two duplexes
appear s °as one big b and th J I would be useful for review.
missioner Struve mo "" ,d to ta- 1e Items X, Final Design Applications A. and B.
and Villas of Wildri Property Location: Lots 12 and 13, Block 3, Wildridge
Su on / 4080 and 40 , ildridge Road West. Commissioner Lane seconded the
motion I Commission e ere in favor and the motion passed 6 -0.
XI. Master S a ogram - CONTINUED
Property Loa , Riverfront Subdivision / 126 Riverfront Lane
Applicant: And';' union / Owner: Riverfront Village Hotel, LLC
Description: A aster Sign Program Amendment to allow for tenant identification signs
around the public plaza and gondola area. The signs include blade signs, awning signs,
window signs, and freestanding signs.
Moved to Consent Agenda.
XII. Minor Project Application
A. Shed Addition - CONTINUED
Property Location: Lot 41 -B, Block 3, Wildridge Subdivision / 4330 Flat Point Road
Applicant. James G. Downs, Tuff Shed, inc. / Owner: Tony Prior
/6
XI.
0
Description: Construct an attached shed to the side of the subject property. The shed
exterior finish will match the existing residence.
Moved to Consent Agenda.
B. Lau Deck Remodel
Property Location: Lot 95A, Block 1, Wildridge Subdivision / 2380 A Old Trail Road
Applicant. Gary DeKoker /Owner. David Francis -Lau
Description: A Minor Project application to remodel an existing deck on one half of a
duplex structure. The remodel will include the addition of 370 square feet and the
change from stucco to wood as the major material used The pplication also includes a
color change on both halves of the duplex structure.
Moved to Consent Agenda.
Adjourn
Commissioner Goulding motioned to adjourn. Commii
Commissioners were in favor. The meeting was adjourned
Respectfully submitted,
Ruth Weiss
Recording Secretary
seconded. All
II11111111111111111111111111111111111111107
�
FORMAL AMENDMENT NUMBER ONE
TO
THE VILLAGE (AT AVON) PUD GUIDE �""
DATED OCTOBER 13, 1998
This FORMAL AMENDMENT NUMBER ONE TO THE VILLAGE (AT AVON) PUD
GUIDE DATED OCTOBER 13, 1998 (this "Format Amendment No. 1 "), is made as of this
a5 - -day of January, 2007, by and between TRAER CREEK LLC, a Colorado limited liability
company ( "Traer "), and the TOWN OF AVON, a municipal corporation of the State of
Colorado (the "Town ").
RECITALS
A. The Town previously approved The Village (at Avon) PUD Guide dated as of
October 13, 1998, and recorded in the Eagle County, Colorado, real property records at
Reception No. 677744 on November 25, 1998 (the "PUD Guide "). The PUD Guide pertains to
and, together with the Village (at Avon) P.U.D. Development /Sketch Plan dated June 1988, as
amended (as defined in the PUD Guide, the "PUD Master Plan "), constitutes the approved
zoning for certain real property generally known as The Village (at Avon) and more particularly
described in Exhibit A attached to the PUD Guide (the "Property ").
B. When the PUD Guide was originally approved., the Property was owned by EMD
LIMITED LIABILITY COMPANY, a Colorado limited liability company ( "EMD "), PVRT
NOTT I LLC, PVRT NOTT II LLC and PVRT NOTT III LLC (collectively, the "Original
Parties "), each of which, collectively, constituted the "Owner" as that term was used in the PUD
Guide. Subsequently, the other entities comprising the original "Owner" were merged into
EMD, which then became the sole "Owner" as that term is used in the PUD Guide.
C. EMD subsequently conveyed. the Property, excluding Planning Area M, to Traer.
Pursuant to Section. H. L(b) of the PUD Guide, EMD has specifically granted to Traer, in writing,
the right to amend the PUD Guide as to all of the Property except Planning Area M, with respect
to which EMD retains the right to amend the PUD Guide.
D. Pursuant to its application to the Town therefor, Traer has requested that the
Town take action to approve this Formal Amendment No. 1, together with an amendment to the
PUD Master Plan. for the purpose of relocating Planning Area G, and the Town has approved this
Formal Amendment No. 1 and the related amendment to the PUD Master Plan pursuant to
Ordinance Nos. 06 -16 and 06 -17, respectively. Because the foregoing actions do not affect
Planning Area M, EMD is not a party to this Formal Amendment No, 1.
6969,727
AGREEMENT
NOW, THEREFORE, in consideration. of the foregoing, the Town has approved, and
Traer hereby consents, to the referenced amendment to the PUD Master Plan and the following
amendments to the PUD Guide:
1. Defined Terms. Unless otherwise defined in this Formal Amendment No. 1,
capitalized terms used herein shall have the meanings ascribed to them in the PUD Guide.
2. Amendments. The PUD Guide is hereby modified as follows:
Subsection (b) (Allowed Uses) of Section 11 (Planning Areas N -- Community
Park and P1 -P6 — Parkland) is amended and restated to read in its entirety as follows:
(b) Allowed Uses:
(i) Equestrian, pedestrian and bicycle trails.
(ii) Landscape improvements.
(iii) Indoor and outdoor recreation facilities.
(iv) Lakes, ponds, reservoirs and irrigation ditches.
(v) Parks, picnic facilities and temporary entertainment for special
events.
(vi) Public or private roads and utilities including but not limited to
utility improvements, lines and mains, facilities, services and buildings.
(vii) Within Tract E, Final Plat, The Village At Avon Filing 3, and
Tract F, Final Plat, The Village At Avon Filing 3 as amended, in accordance with
and subject to the terms and conditions of Ordinance No. 06 -16, emergency
services facilities such as ambulance, fire protection and similar uses and services
as determined by the Director of Community Development.
3. Effect of Amendment. Except as expressly modified by this Formal Amendment
No. 1, the PUD Guide is unmodified, and is hereby ratified and affirmed, and shall remain in frill
force and effect in accordance with. its terms. I:f there is any inconsistency between the terms of
the PUD Guide and the terms of this Formal. Amendment No. 1, the provisions of this Formal
Amendment No. 1 shall govern and. control.
4. Vesting of Property Rights. In accordance with the terms and conditions of
Section H.L(c) of the PUD Guide: (i) this Formal Amendment No. 1 and the, associated
modifications to the PUD Master Plan shall create vested property rights for the duration of the
terra set forth in Section 1.3 of the Annexation and Development Agreement; (ii) this Formal
Amendment No. 1 and the associated modifications to the PUD Master Plan shall not divest,
limit or otherwise impair any vested property right originally created pursuant to Section A.1 of
696972.7 2
r9
the PUD Guide; (iii) Traer, as landowner, shall cause publication of the notice described in
Section 24- 68- 103(1), C.R.S., as amended, and Section 17.14.050 of the Municipal Code; and
(iv) pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right pursuant to Article
68 of Title 24, C.R.S., as amended.
5. Governing; Law. This Formal Amendment No. 1 shall be governed by and
construed in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the Town and Traer have executed this Formal Amendment
No. 1 as of the day and year first above set forth..
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of rado
Name: Ronald C. Wolfe
Title: Mayor
Approved as to legal form by:
4,)A
Nan -: John W. Dunn
Titl : Town. Attorney
STATE OF COLORADO )
ss:
COUNTY OF gd Le--- )
The Varegoing instrument was acknowledged before me this 25 day of
�llt nal , 2007, by lTl m' ra.l d C . � csL42 as Mayor of the Town
o Avo unicipal corporation of the State of Color do.
band and official seal.
ERLE
i piz���oto
� x ices:
• e�
• M
s
i + 4 ALie — G
•'�V of
4,
co
MyCommissonEx
696972.7
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By-�
Nam . agnus L' dholm.
Title: Manager
STATE OF COLORADO )
COUNTY OF _� }
The foregoing instnimen.t was acknowledged before me this 3�day of
�C,�,,tJ , 2007, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado
l.im.ited liability c any.
ii ess my hand and official seal.
My commission expires:
696972.7
in
EAGLE COUNTY, CO
TEAK J SIMONTON 200705490
I�IIII�IIIIIIIIII�IIIIIIIIRIIIIIIIIIIIIIIMIIIIII�O
TOWN OF AVON
ORDINANCE NO. 06 -17 Ii
SERIES OF 2006
AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AME NDMENT
APPLICATION AMENDING THE VILLAGE AT AVON PUD DEVELOPMENT PLAN
BY RELOCATING PLANNING AREA G, FROM PLANNING AREA RMF-1, FILING 3,
VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT
AVON SUBDIVISION.
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has fled an application to
formally amend the existing PUD Development Plan for the Village at Avon by relocating .Planning Area.
"G ", approxirna.tely 7.3 acres (and commonly known as the school site), from :Planning Area RMF -1 to
Planning Area ".D ". The result of which would increase the size of Planning Area :RMF -1 by
approximately 7.3 acres and decrease the size of Planning Area "D" by approximately 7.3 acres; and
WHEREAS, the proper posting, publication and. public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on Novernber 215{, 2006, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information a.nd. reports regarding the
proposed PUD Amendment; and
WHEREAS, following, such public hearings, the Planning & Zoning Commission
forwarded its recornmend.ation for conditional approval. on the PUD amendment application to
the Town Council of the Town. of Avon tlirou.gh Resolution 06 -17; and
WHEREAS, after notices provided by law, this Council .held a public hearing on
December 12th, 2006, January 9 "i, 2007, and January 23, 2007, at which time the applicant and
the public were given an opportunity to express their opinions regarding the proposed PUD
Amendment; and
WHEREAS, based upon the evidence, testimony, exhibits, and a study of the
Comprehensive Plan of the Town. of Avon, Town. Council of the Town of Avon finds said
2 �
application appears to comply with the following PUD review criteria set forth. in Section
17.12.110 of the Avon Municipal Code, including the following:
1. Conformance with the Town of Avon Comprehensive Plan. goals and
policies as required. by 17.20.110H (1);
a. Village at Avon West District Planning Principles:
Buffer schools from commercial uses by
surrounding them with residential development or
open space.
b. Policy J.2.3: Ensure that annexations and new
subdivisions include and or provide for community
services and facilities (i.e. schools, transit, fire,
affordable housing, etc.) based on increased
demand created by those developments.
2. The proposed school use and activity provide a compatible, efficient, and.
workable relationship with surrounding uses and activity as required by
17.20.11 OH (4).
WHEREAS, this PUD Amendment provides evidence of compliance with. the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Village at Avon PUD to relocate Planning Area "G ", from
Planning Area RMF -1, Filing 3, Village at Avon. Subdivision to Planning Area "D ",
Filing 1, Village at Avon is hereby approved, subject to the following conditions:
1. Traer Creek LLC, the property owner, must submit a complete site specific
geoteclunical investigation report for review by staff within. 6 months of the
effective date of this ordinance, including investigation of access to and from the
site. Based on the findings of the report, if the property owner determines it is
commercially feasible to comply with the conditions set forth below, it shall,
within 60 days thereafter, execute a written agreement with the Town of Avon and
the Eagle County School District to convey the site to the Town of Avon in
accordance with Chapter 1.6.50 of the Municipal Code, for the benefit of Eagle
707066.;
zz
County School District, and in. accordance with the following (collectively, the
"Criteria "): (A) the agreement shall incorporate and otherwise address the criteria
outlined in the School District Letter dated January 3, 2006 (Exhibit "A "), and
shall be substantially in the form of the draft agreement referenced. in the initial
paragraph on page 2 of the School District Letter; (B) the Town of Avon
Subdivision review criteria, (Title 16 of the Municipal Code); (C) Section. 1.5
(Design and Improvement Stan.dairds) of the Village at Avon PUD Guide; and (D)
the terms and conditions of the Village at Avon Annexation and Development
Agreement, including but not limited to Section 4.3)(f). In the event the property
owner determines that it is not commercially feasible to comply with the foregoing
conditions, the property owner shall give written notice to the Town and the
School District that it intends to move the school site. Within 6 months after
giving such notice, Traer Creels, LLC must designate in writing a minimum of two
(2) alternate school sites within Planning Areas A (excluding the portion thereof
described in Exhibit "B "), B, C, D, E, and /or F, and submit an application to
amend. the Village at Avon PUD to provide for an alternate site that satisfies the
Criteria. Prior to designating such alternate school sites, Traer Creels, LLC shall
engage in an inforin.al cooperative site evaluation process with designated
representatives of the Eagle County School District and the Town. :for the purpose
of evaluating potential alternative school sites within The Village at Avon for
consistency with the Criteria. Within 60 days after final approval of the PUD
amendment, the Eagle County School District, the Town and the property owner
I hall execute a written agreement with respect to such site as described above in
this Section 1..
2. In order to assure that alternate school sites are not developed for other purposes
prior to the property owner's compliance with condition #1, tine applicant has
agreed that it will submit no applications for further subdivision or issuance of
building permits for Village at Avon PUD Planning Areas A (excluding the
portion thereof described in Exhibit "B "), B, C, D, E, and /or r, ) or any of them,
until the applicant and /or property owner has complied with condition 41. if the
property owner satisfies condition #1 by entering into the agreement regarding the
school site as located within Plaluming Area D, the restriction of this condition 2
707966.3
PZ 1�
shall be lifted immediately upon mutual. execution of the agreement by the parties.
Alternatively, if the property owner satisfies condition #1 by designating at least
two (2) proposed alternate sites and submitting a PUD amendment therefor, the
sites so designated will remain subject to the foregoing restriction pending final
action by Town Council to approve the PUD amendment for the :relocated school
site, and the restriction shall be lifted as to all other sites within Planning Areas A,
B, C, D, E and F immediately upon submission of such PUD amendment
application. Upon approval of the PUD amendment for an alternate school site,
the restrictions shall be lifted as to the remaining designated alternate sites.
3. Traer Creek LLC, the property owner, shall submit a complete subdivision
application, consistent with the criteria set forth :in Condition #1 above, for the
subject property no later than six (6) months from the date of a request for
conveyance of the site by the Eagle County School District, or at the time of the
subdivision of Planning Area D (or if an alternate site is approved as provided
above, at the time of the subdivision of any Planning Area abutting the alternate
Plaiming Area G location), whichever is earlier, and it shall diligently . and
reasonably pursue such application until approval. Traer Creek, LLC shall convey
Planning Area G to the Town for reconveyance to the School District in
accordance with Chapter 16.50 of tl-.e Municipal Code, no later than 30 clays after
the approval of final subdivision plat for Planning Area G is approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 62 clay of 40- b-WL 'RSf-. , 2006, and a public hearing shall. be .held at the
regular .meeting of the Town Council of the Town of Avon, Colorado, on the y'= day of,
44V„ CCL _, 29M, at 5:30 P.M. in. the Municipal Building of the Town of Avon, Colorado.
4' xq` TOWII von, Colorado
anti -��
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
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Town of Ayon. Colorado
ATTEST
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APPROV D KT O
FORM.
Town Att rney
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January 3, 2006
Exhibit "A"
Ordinance No. 06-17
F.O. BOX 740 • EAGLE, COLbRADO 81531 970.328.6321 • FAX 970.328.1024
Honorable Town Council Members
Town of Avon
PO Box 975
Avon, CO 81620
RE: VILLAGE AT A\ION -SCHOOL SITE
Dear Council Members_
Thank you for the opportunity to provide comments on the proposed relocation of the school site
at the Vil]age at Avon dated September 2005. We understand that this draft PUD Amendment
has not been officially submined to the To-,Am of Avon at this time; however, we felt it was
important to provide the school district's perspective of this relocation as the "Town works
through the submission process.
The school district is conceptually in favor of the September 2005 proposal which includes
moving the 7.3 acre school site Area G from RMl" -1 to a 7.3 acre site within planning area D
south of 1 -70. This proposal is consistent with the community input meeting held by the school
district on ?\lovember I71h, 2004_ and the Board of Education meeting on December 8th. 2004, in
which the Board of Education requested that Tracy Creek LLC proceed with planning the school
site within planning area D.
As this planning process continues, the school district would respectfully request the following
considerations are applied to this new school site within planning area D,
Access and all utilities are delivered to the school site boundary at the developer's
expense.
• As school buildings; parking lots and athletic Fields require large, flat footprints, we
would request that the entire 7.3 acres be buildable and that the slope of the property be
minimal. WC recommend that, at a minimum: 80% of the School Site shall have a slope
of 10% or less and the balance of the School Site shall have a slope of 20% or less.
• The school site should be adequately buffered from any proposed commercial
development by either residential land uses or a community park.
• The timing of when the school site is available for development is critical. The Board
retltiests that a reasonable development phasing plan be established to ensure that the
school site is prepared and rt:ady for development commensurate with the pace of
residential development ,within the project.
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Finally, the district continues to be interested in entering into a school site agreement with the
school district, Traer Creek. LLC and the Town of Avon detailing these items.. A draft of an
agreement has been produced and can be updated to be included in the PUD that relocates the
school site within Area D when necessary.
The Board of Education continues to be adamant that the school site should have access, utilities_.
topography and location to allow for a ouality educational facility to be constructed.
Additionally, the Board believes strongly that a site must be identified and agreed upon pi-ior to
approval of the PUD amendment.
We look forward to working.lvith you and Traer Creek LLC to identify and plan the future
"school site in the Village -at Avon development. We.bej eve ihat in. working together we can
joinily locate and finalize a superior school site for the residents of the Avon area. Thank your
for your time and consideration. -
Sincerely,
Karen Strakbein
Assistant Superintendent for Business Services
Cc Larry Brooks, Town Manager
Board of Education
John Brendza, Superintendent
Dan Leary, Traer'Creek
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PROPERTY DESCRIPTION
That part of Lot 1, Amended Final Plat, The Village (at Avon) Filing 1, according to the
map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder,
described as follows_
Beginning at the southwest corner of said Lot 1; thence along the west property line 'of
said Lot 1 N18'56'47 "E 998.74 feet to the south right —of —way line of Interstate
Highway No. 70; thence, along said right—of—way S53'54'37 "E 233.30 feet; thence,
732.73 feet along the arc of a non tangent curve to the left having a radius of 5950.00
feet, a central angle of 07'03'21 ", and a chord that bears S66'47'58 "E 732.26 feet; thence,
departing said right—of—way S39'40'23 "W 994.15 feet to the northerly right —of —way
of the Denver And Rio Grande Railroad; thence olong said right —of —way
N65'54'27 "W 603.77 feet to the Point of Beginning, containing 17.00 acres, more or
less.
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Staff Report
PUD Amendment
October 16, 2007 Planning & Zoning Commission Meeting
Report date
Project type
Legal description
October 11, 2007
C O L O R A D O
Planned Unit Development (PUD) Amendment
The Village at Avon Planned Unit Development,
Planning Areas H, I, E, and F
Current zoning Planned Unit Development (PUD)
Address NA (No addresses assigned)
Introduction
The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the owner of the
property, Traer Creek -RP, LLC, is proposing to amend the Village at Avon (VAA) PUD. The
proposed amendments to the PUD include a request to reconfigure the planning area
boundaries of Planning Areas H, Neighborhood Center, I, Neighborhood Center, E, Village
Residential; and F, Village Residential, for the stated purpose of creating more of a buffer
between commercial uses and the adjacent residential neighborhood that currently exists along
Eaglebend Drive. The applicant is also proposing a text amendment to the PUD guide that will
result in a modification to the current percentages and ratios of commercial -to- residential uses
in order to permit more residential density in areas that are presently planned for more
commercial square footage. The proposed and revised PUD Development Plan is included as
Attachment A. Planning Area E is currently approved to be 5.5 acres and the applicant is
proposing to reduce it down to one (1) acre. Planning Area F is approved to be 9.5 acres in size
and the applicant is proposing to increase it to 14 acres. Planning Area H is presently approved
to be 3.2 acres in size and the applicant is proposing to increase it to 7.7 acres. Planning Area I
is currently approved at 5.7 acres in size and the applicant is proposing to decrease it down to
1.2 acres. In both the current and proposed versions of these planning areas, the total acreage
adds up to 23.9 acres (see tables depicted below).
Planning
Area
Approved
Proposed
E
5.5 acres
1 acre
F
9.5 acres
14 acres
H
3.2 acres
7.7 acres
5.7 acres
1.2 acres
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 2 of 11
Planning Area
Residential
Commercial
Minimum
%
Maximum
%
Minimum %
Maximum %
Village Center (A)
30
80
20
70
Village Residential (D, E)
90
100
0
10
Village Residential F
9070
100
0
4-030
Neighborhood Commercial (H,
1)
0
2-050
9050
100
Regional Commercial K, L
0
1 20
1 80
100
Regional Commercial (J)
0
1 —2050
1 9050
100
(Existing % to be amended shown in strikethrough, proposed in bold)
Staff Recommendation
Staff recommends to the Avon Town Council approval of Ordinance 07 -10 approving the
request to amend the Village at Avon PUD, as proposed, subject to the following conditions of
approval:
1. Planning Areas E, F, H, I, and J shall be limited to a 5 -year vesting period,
pursuant to Ordinance No. 06 -09, the Town's vested rights regulations;
2. Section 1(12)(d) of the Village at Avon PUD Guide shall be amended to
include Planning Areas B, C, D, E, F, G, H, I, and J;
3. The applicant shall quantify the proposed traffic impacts with respect to trip
generation, impact to existing travel times, and stacking for all modes to the
satisfaction of the Town Engineer through submittal of a Traffic Study
prepared by a qualified licensed Traffic Engineer prior to the issuance of a
building permit within Planning Areas E, F, H, I, and J;
4. At such time as formal approval by Town Council is granted for this
amendment, the applicant will have provided sufficient language to be
incorporated within the PUD development plan and annexation agreement
which guarantees a portion of the remaining attainable housing requirement
be realized in Planning Areas E, F, and H; and
5. The applicant shall initiate and properly maintain mass transit service
connecting West Avon to the easternmost commercial parcels and Buffalo
- Ridge of the District, at a level of service no less frequent than is provided
within the Town, from time -to -time, and pursuant to Section 4.10 of the
Village at Avon Annexation and Development Agreement, prior to the
issuance of a building permit within Planning Areas E, F, H, I, and J.
It is important to note that the approval of a PUD Amendment does not mean anything definite
will occur within the context of an approved PUD development plan. According to Section 3.5 of
the Village at Avon Annexation and Development Agreement, there is "No Obligation to
Develop ". Without an accompanying subdivision, or re- subdivision, application, there is no
trigger for mandatory, previous conditions of approval, and nothing is formalized to guarantee a
certain action will occur. A PUD Amendment alone may never reach fruition or be realized at
any point in the future because, in the end, the developer may choose to do something different,
than what is contemplated with the amendment, or nothing at all. Within the context of this
particular PUD, the only applications that cause a condition of approval to go into effect are an
application for subdivision, or a building permit application. However, careful scrutiny of such
PUD amendments is critical because they can result in an expanded range of flexibility for the
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 3 of 11
developer, the effects of which may result in unintended consequences for the PUD in question,
and the Town as a whole
Vested Property Rights
The applicant is requesting that, in accordance with Section H.1.(c) of the PUD Guide for The
Village (at Avon), the amendment and associated modifications to the PUD Master Plan create
vested property rights for the duration of the term set forth in Section 1.3 of the Annexation and
Development Agreement (35 years from 1998, of which 26 years remain).
Section H.1(c) of the PUD Guide requires that any amendment to it create vested rights for the
duration of the term set forth in Section 1.3 of the Annexation and Development.
However, by Ordinance No. 06 -09, the Town's vested rights regulations were amended to
provide that any property right vested after June 1, 2006, remain vested for a period not to
exceed five years.
Accordingly, approval of the application will need to be conditioned (Condition #1) upon an
amendment to Section 1.3 of the Annexation and Development Agreement, adding the proviso
that any amendment to the PUD Guide and /or the Sketch /PUD Development Plan shall be
limited to a term of five years from the date of approval.
Public Benefits
Staff is recommending (Condition #2) that all Regional and Neighborhood Commercial Planning
Areas (A, B, C, D, E, F, G, H, I, and J) located on the "Valley Floor" of the PUD Master Plan be
subject to the public benefit language located in section 1(12)(d) of the Village at Avon PUD
Guide. Currently, the provision for an Ice Skating /Events Center that is proposed for Planning
Area C is to be initiated by to the development of 200, 000th square foot of commercial space
within Planning Area A. Staff's concern is that the balance of current commercial entitlements
(approximately 400,000 square feet) may be exhausted prior to triggering this public benefit. By
including Planning Areas B, C, D, E, F, G, H, 1, and J (Neighborhood /Regional Commercial Plan
Designations), the Town has a greater opportunity to realize these benefits.
Transportation
Staff has also included a condition (Condition #5) requiring the provision of mass transit service.
To date, the traffic and mass transit demand created by the existing commercial development
within the VAA (e.g., Home Depot and Wal -Mart) has not been properly mitigated.
Demonstration of the mass transit demand has been recorded when Avon Transit provided
mass transit service (without reimbursement from the District) from June 2006 and April 2007;
ridership was substantial (12,850 service hours and 350,000 passenger- trips) and continued to
increase throughout this time. Any subsequent development will only increase traffic and transit
demand and exacerbate this problem. Immediate initiation of mass transit service connecting
West Avon to the east -most commercial parcels of the District, and the Buffalo Ridge Affordable
Housing Project, should be required in conjunction with any amendment or further project action
by the District.
Staff has also requested a provision of a Traffic Study — The amendment refers to compliance
with the Town's "Transportation Plan ", however, it does not reference any specific document.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 4 of 11
The proposed amendment has not demonstrated consistency with Avon's current transportation
planning, traffic engineering, transit planning, or multi -modal initiatives (see Policy G.1.10). The
applicant should quantify its proposed impact with respect to trip generation, impact to existing
travel times, and stacking for these modes, to the satisfaction of the Town Engineer through
submittal of a Traffic Study prepared by a qualified, licensed Traffic Engineer.
Housing
The application states that one of the driving principles of the amendment request is to improve
the "diversity" of housing and increase the mix of uses based on input from the community. Of
equal importance is the balance and mix of attainable housing. One of the shortcomings of the
existing Village at Avon PUD is the lack of integration regarding the attainable housing at
Buffalo Ridge since it is isolated from the rest of the uses within the Village at Avon as a whole.
The current application is an opportunity for the applicant to offer a tangible public benefit that
meets one of the Comprehensive Plan's goals, which is to provide a wide spectrum of housing
options integrated into the community.
Background
Prior Amendments to Annexation and Development Agreement
The original Annexation and Development Agreement was entered between EMD LLC, PVRT
NOTT I LLC, PVRT NOTT II LLC, PVRT NOTT III LLC, and the Town of Avon on October 13,
1998 and later recorded with Eagle County on November 25, 1998. This agreement provided
vesting and property rights for the Village (at Avon) annexation property.
Amendment #1
Approved by Ordinance No. 01 -16 on November 13, 2001 & recorded December 10, 2001 with
Eagle County. Amends portions of the original agreement including: responsible parties and
ownership are clarified, Administrative Amendment No. 1 to the Development Plan is correctly
referenced, 1 -70 Improvements and related bonding for construction, East Beaver Creek
Boulevard Improvements, Swift Gulch Road Improvements, Public Works Site, one acre Fire
Station dedication, Retail - Real Estate Transfer Fee - Accommodation Lodging Fees, Use tax /
fee establishment, lost sales tax revenues for Wal -Mart and City Market.
Amendment #2
Approved by Ordinance No. 03 -08 dated May 27, 2003 & recorded July 30, 2003 with Eagle
County. This amendment changed the Highway 6 Exaction requirement and replaces it with a
Highway 6 Trail Exaction requirement. The trail exaction was for the design and construction
costs for sections of the pedestrian trail system along Highway 6. Trail exaction was a result of
public concerns expressed by Eagle -Vail residents through their Metro District and the County
Commissioners. It includes a cost sharing agreement outlining funding for the project.
Amendment #3
Approved by Ordinance No. 04 -17 on October 26, 2004 & recorded December 22, 2004 with
Eagle County. This amendment addresses two issues: 1) Correcting the method of computing
the cost of police services and agrees to a new formula that reflects that the Village pay for the
actual cost of police services provided to it; and 2) Deferment of the construction of the
improvements on East Beaver Creek Boulevard from 2005 to completion in 2009. This is a
result of the development pattern so far primarily taking place on the east side of the Village
property.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 y
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 5 of 11
PUD Amendment History
Administrative PUD Amendment #1
Request: Amendment to the PUD Development Plan map showing planning area locations, and
general street alignments. This amendment also moved the location of the school tract to the
north side of the Interstate. Action: Approved administratively with signature of the Community
Development Director on May 14, 2001.
Administrative PUD Amendment #2
Request: PUD Guide Amendment to permit building setback encroachment for Lot 3, Filing 1
(Planning Area K), from Fawcett Road Right -of -Way for Southwest corner of Wal -Mart and
associated outdoor nursery sales center. Action: Approved administratively and recorded
February 19, 2002 with Eagle County via 'Certificate of Landowner Request.'
Administrative PUD Amendment #3
Request: PUD Guide amendment that prioritizes the sale and rental of the requirement
employee housing units first to people employed in the Village (at Avon) property, second to
people employed in the Town, and third to people employed in Eagle County. Action: Approved
by Community Development director and recorded May 15, 2002 via 'Certificate of Landowner
Request.'
Administrative PUD Amendment #4
Request: Amendment to PUD Guide, specifically adding language concerning swift gulch road
allowing for 11' travel lanes with 2' shoulders in sections that include a 10' wide paved
separated pedestrian trail. Language added to supplemental Regulations, Section 1.5 Design
and Improvements Standards as a new subsection (b) (vi). Action: Approved by Community
Development director administratively and recorded May 15, 2002 via 'Certificate of Landowner
Request.'
Formal PUD Amendment #1 (Denied)
Request: Submitted on May 30, 2003 and included the following points:
• Creating an additional 19.2 acres of Regional Commercial (Planning Area Q)
immediately adjacent to the new interstate exchange. This commercial area is
divided by Post Blvd. into separate parcels. The east parcel is approximately 7.8
acres and the west side consists of two parcels: 7.8 acres and an additional 3.6
acres. As a frame of reference: Christy Lodge is 6.35 acres and Original Wal-
Mart 6.33 acres.
• Planning Area Q also includes 1.0 acre for the Fire District Regional Facility as
required by the Annexation and Development Agreement.
• Relocating the school site to Planning Area M and increasing the planning area
for the school site by almost 2.0 acres.
• Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of
useable acreage for the community park is limited to 3.4 acres. The existing
topography and steep slopes were not considered in the original planning area
designation for the Community Park. Traer Creek LLC has agreed to replace the
park area when RMF -1 and RMF -4 are developed. The Village (at Avon) still
retains approximately 500 acres of open space.
• Increasing Planning Area RMF -1 from 146 residential dwelling units (24.2 acres -
6.Odu /acre) to 307 residential dwelling units (30.7acres - 10.Odu /acre).
• Providing a mix of 310 dwelling units on RMF -4 which surrounds the new school
site. Planning Area M is specifically excluded in the Village at Avon PUD Guide
from the total development rights currently approved. Therefore, this amendment
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting
Page 6 of 11
includes the addition of 310 dwelling units (8.Odu /acre) to the previously
approved 2,400 dwelling units for the Village (at Avon). Since the additional
density is above what has been previously approved, Staff has recommended
transit services be required for this development area combined with the school
to mitigate the impacts and isolation from the rest of the Town of Avon. -
Action: The Planning Commission approved Resolution 03 -14 after four public hearings,
recommending approval to Council. The Town Council approved Resolution 03 -41
which denied the amendment.
Formal PUD Amendment # 2 (Approved)
Request submitted on October 3, 2006, and included the following points:
• Relocation of Planning Area G on the PUD Development Plan, which will remain
designated for a school to be operated by the Eagle County School District;
• Planning Area D has been adjusted to allow the school to be located within its
previous boundaries; and
• Planning Area N, which is, by way of this text amendment to the PUD Guide, the
site upon which two separate facilities for the Eagle County Health Services
District and the Eagle River Fire Protection District will be located.
Action: The Planning and Zoning Commission approved, with conditions, Resolutions
06 -16 and 06 -17. The Town Council approved Ordinance 06 -17, thereby allowing the
amendments outlined above.
Surrounding Land Uses:
The existing land use and zoning for the surrounding properties are as follows:
• North: Interstate 70
• South: Medium -High Density Residential / Village at Avon PUD
• West: Mixed Use / Village at Avon PUD
• East: Mixed Use / Village at Avon PUD
This application is a noticed public hearing with written notice provided to property owners within
300' of the subject property. To date staff has received no public comments regarding the
applicant's requests. In addition to the required public notice, staff has transmitted the
application material to the following agencies, with their comments summarized below:
Eagle County School District Comments
To date, staff has not received a response to our request for comments.
Eagle River Water and Sanitation District
To date, staff has not received a response to our request for comments.
Colorado Department of Transportation
To date, staff has not received a response to our request for comments.
Eagle County Planning Department
Eagle County did not have specific referral comments related to this application.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 7 of 11
Eagle County Fire Protection District
To date, staff has not received a response to our request for comments.
Colorado Department of Wildlife
To date, staff has not received a response to our request for comments.
Eagle County Health Services District
To date, staff has not received a response to our request for comments.
ECO Trails
A letter from Ellie Caryl is attached for the Commission's review.
Proposed Amendments
Attached to this report is a summary of the requested amendments (Attachment A) to the current
PUD Guide map and the Development Plan, as prepared by the applicant. The proposed
amendments are detailed in the introduction section of this report.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following criteria shall be
used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with each of
the following design criteria, or demonstrate that one or more of them is not applicable, or that a
particular development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The sections within the Comprehensive Plan that offer policy direction relative to the
proposed land uses are the Future Land Use Plan, the District 7 (Village at Avon West
District) special area policies, and the General Goals and Policies of the Plan.
The Future Land Use Plan designates the planning areas proposed to be amended by this
application as Residential -High Density and Neighborhood Commercial. The general area
upon which the applicant has proposed amendments is identified on the District Priorities
Map as a Medium Priority District. The subject properties are also located within District 7:
Village at Avon West District, which designates the area as a "pedestrian- oriented urban
village ".
The Comprehensive Plan also identifies several regional policy goals related to land use
and development patterns that should be reviewed with respect to the proposed Village at
Avon PUD amendment. The goals and policies that pertain are as follows, each with a
review comment regarding this application's compliance:
Goal CA: Provide a balance of land uses that offers a range of housing options,
diverse commercial and employment opportunities, inviting guest accommodations,
and high quality civic and recreational facilities, working in concert to strengthen
Avon's identity as both a year -round residential community and as a commercial,
tourism and economic center.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 8 of 11
Review Comments: The changes proposed involve shifting the location and type of
proposed development, including the reallocation of commercial and residential uses within
Planning Areas F, H, I, and J; in addition to modifying the approved physical size of
Planning Areas E, F, H, and I. In consideration of the broad scope of Goal C.1, the impacts
of this text amendment upon the remainder of the Village at Avon PUD as a whole must be
given careful consideration. Staff is concerned about the impacts of enlarging Planning
Area H and increasing its maximum residential percentage from 20% to 50% of the total
square footage; while concurrently lowering the minimum commercial percentage on
Planning Area H from 80% to 50% of the total square footage. Likewise, increasing the
maximum residential percentage from 20% to 50% of the total square footage on Planning
Area J; while concurrently lowering its minimum commercial percentage from 80% to 50% of
the total square footage is of concern as well. The pattern of development that has occurred
thus far in the Village at Avon PUD has resulted in infrastructure inefficiencies, particularly
with respect to transit, and this proposed amendment will likely only serve to exacerbate
those inefficiencies. Similarly, because the proposed amendment will likely result in an
increased residential density in the subject planning areas, there should be a formal
consideration given to achieving a diverse range of housing with this application. The
application mentions, in passing, the policy objective of creating or contributing to an overall
diversity of housing options, but no commitment has been made on behalf of the applicant to
inject some attainable housing options into this amendment proposal. Staff suggests this is
an appropriate time to request that some of the residential capacity involved with this
proposal be formally dedicated and restricted to attainable housing units. Also, with regard
to transit, since this amendment will produce an increased level of inefficiency based on the
development pattern from east to west, a commitment to contributing toward a transit
system to serve this increased residential population located well outside the Town's core is
appropriate at this time.
Additionally, under the broad scope of Goal C.1 is the topic of high quality civic and
recreational facilities working in concert to strengthen Avon's identity. Given the amount of
commercial square footage contemplated (approximately 185,000) within the subject area,
staff is concerned about the impacts on the build -out of Planning Areas A, B and C. There
is a threshold of commercial development that must be reached in Planning Area A in order
for the Ice Skating /Events Center planned for on Planning Area C to be realized, and staff is
concerned that this application may preclude the development of these highly beneficial
civic uses. In this regard, staff has recommended a condition of approval related to a
tangible public benefit, such as the uses approved for Planning Area C, to be achieved prior
to the approval of further amendments, such as this one.
Goal F.1: Achieve a diverse range of quality housing options to serve diverse
segments of the population.
Review Comments: As stated above, this is an opportunity to make a formal commitment
toward achieving a diverse range of housing within the core area of the Village at Avon
PUD. At present, the applicant has not proposed anything specific with respect to injecting
an amount of attainable housing into the planning areas proposed to be modified with this
.application.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
No specific or detailed designs have been submitted with this proposal. The Village (at
Avon) Design Review Board governs design review for the entire PUD.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
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The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 9 of 11
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
No specific or detailed designs have been submitted with this proposal; however, schematic
renderings depicting possible cross sections of buildings with vague bulk and mass studies
have been submitted with this application.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
As outlined in the first criterion under this section, the uses, activity, and density that will
result from this PUD amendment may not provide a compatible, efficient, and workable
relationship with surrounding uses and activity. However, staff has recommended
conditions centered on the phasing sequence, transit, and attainable housing, which will
result in this criterion could being met.
5. Identification and mitigation or avoidance of natural and /or geologic hazards that
affect the property upon which the PUD is proposed.
There do not appear to be any natural or geologic hazards on the area of property upon
which this PUD amendment is proposed.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposed PUD amendment, as submitted, does not appear to impact this criterion.
7. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that is compatible with the Town Transportation Plan.
As detailed above, there is no change proposed to the circulation system designed for the
PUD, however, the Town's existing transit system is not designed for residential and
commercial densities located well beyond the village core of Avon.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
Landscaping and open space associated with the proposed amendment have not been
planned beyond a conceptual level. Additionally, the Village at Avon Design Review Board
governs design review for the entire PUD.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan shall
clearly demonstrate that each phase can be workable, functional and efficient without
relying upon completion of future project phases.
No phasing plan has been submitted, and phasing of public improvements will be
coordinated through the subdivision review process.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Transportation systems have not been given consideration with this PUD amendment
proposal; however, staff has recommended a condition to address how this application will
further exacerbate the inefficient conditions of development which are observable thus far in
the existing state of the Village at Avon PUD.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 10 of 11
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The road and street improvements will be reviewed through the subdivision process. It
should be noted however that the developer is required to complete the final construction of
the roads in this area, complete with streetscape, with the subdivision process.
12. That the PUD or amendment to PUD requested provides evidence of substantial
compliance with the following public purpose provisions, as outlined in Section
17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose, which the current zoning entitlements
cannot achieve.
No demonstrable public purpose is contained within the PUD amendment requested with
this application beyond what the applicant claims could result in more of a buffer between
the existing residences on Eaglebend Drive and new commercial uses in the subject
Planning Areas. The approval of this PUD amendment application alone will not guarantee
that any buffer is achieved between residential and commercial uses.
B. Approval of the zoning application provides long term economic, cultural or social
community benefits that are equal to or greater than potential adverse impacts as a result of
the changed zoning rights.
The potential adverse impacts of the proposed zoning application will outweigh any potential
long term economic, cultural or social community benefits unless such elements as an ice
skating rink or events center are specifically tied down with conditions of approval for an
application such as this.
C. The flexibility afforded in approval of the zoning application will result in better siting of
the development, preserving valued environmental and cultural resources, and increasing
the amount of public benefit consistent with the community master plan documents.
There exists no guarantee within the contents of the subject application, as submitted, that
the approval of this proposal will result in better siting of the development, preserving valued
environmental and cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents. However, with a few well worded conditions of
approval to which the applicant would be willing to adhere, this criterion could be met with a
tangible link to the elements contemplated herein.
If you have any questions regarding this project or any planning matter, please call me at 748-
4002, or stop by the Community Development Department.
Respectfully submitted,
Matthew R. Ge ett, AICP
Senior Planner
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
1�h
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 11 of 11
Report Attachments
Attachment A: PUD Amendment Application Packet
Attachment B: Vicinity Map
Attachment C: Pertinent Excerpt from the Approved Annexation and Development Agreement
Attachment D: Letter from ECO Trails dated August 31, 2007
Attachment E: Letter from the Applicant received October 11, 2007
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
�r
it
THE VILLAGE AT AVON
CENTER OF THE VAIL VALLEY
Amendment to Planning Area Boundaries
& Commercial /Residential Floor Area Ratio
July 2007
Prepared by:
I T I oil cl
Mauriello Planning Group
Project Team
Owner:
Traer Creek
PO Box 640
Vail, CO 81658
Planning Consultant:
Mauriello Planning Group, LLC
PO Box 1127
Avon, CO 81620
Land Planning and Architecture:
Nick Milkovich Architects, Inc.
+ Arthur Erickson
#303 — 375 West 5`h Avenue
Vancouver BC V5Y1J6
Landscape Architecture:
VAg, Inc.
90 Benchmark Road, Suite 202
Avon, CO 81620
Village At Avon — PUD Amendment
Mauriello Planning Group, LLC
1. Introduction
Traer Creek — RP, LLC is proposing an amendment to the Village at Avon Planned Unit
Development (PUD) in order to improve and refine the overall planning in certain planning areas
located on the valley floor. The proposed amendment responds directly to input the applicant has
received from members of the community as well as Town of Avon officials. The two concerns
that the applicant is specifically responding to are the proximity of commercial development and
uses to residential neighbors located on Eagle Bend Drive and lack of residential integration within
the commercial planning areas.
Traer Creek is proposing an amendment which includes a modification to the PUD Master Plan
(Sketch Plan) for the Village at Avon to modify and relocate the planning area boundaries for
Planning Areas H (Neighborhood Center), I (Neighborhood Center), E (Village Residential), and F
(Village Residential). This aspect of the amendment decreases the adjacency of commercial uses to
the adjacent residential area along Eagle Bend Drive. To address the residential integration concern,
the applicant is proposing a text change to the PUD guide to modify the current ratios of residential
and commercial uses in Planning Areas H, I, and J, to allow more residential floor area in the
commercial areas thus creating a more vibrant, village -like environment.
The proposed amendment is a refinement of the existing PUD that responds to the existing built
environment and community input. It addresses minor modifications to planning areas boundaries
and text changes to the PUD Guide which do not result in a change to the overall purpose of the
PUD and have no impact on the overall density and commercial square footage allowed within the
PUD.
Location Map
Village At Avon — PUD Amendment
Mauriello Planning Group, LLC
2. Detailed Description of the Amendments
A. Map Modification
Traer Creek is proposing to modify the PUD Sketch /Development Plan (aka, PUD Master
Plan) map to modify and relocate the planning area boundaries to accommodate future site
planning and to decrease the amount of commercial development adjacent to the Eagle
Bend area for the following planning areas:
• H — Neighborhood Center
• I — Neighborhood Center
• E — Village Residential
• F — Village Residential
As indicated in the map below, the essence of the amendment is to expand planning area H
(Neighborhood Center) to the west and overtake some acreage in E (Village Residential) and
then add the acreage lost in E to planning area F (Village Residential) by expanding F to the
east. The result is then a reduced area in planning area I (Neighborhood Center). The
changes are balanced in such a way that the densities and acreages remain unchanged in the
Village Residential areas and in the Neighborhood Center areas.
This portion of the proposed amendment is being proposed based on input we have
received from the Town and the community. The specific issue that this responds to is the
potential impacts to residential uses south of the railroad tracks by the current location of
the Neighborhood Commercial area represented by planning area I. The amendment would
reduce the impacts of commercial development on this adjacent residential area by
decreasing the adjacency of commercial uses to the existing residential areas.
Village At Avon — PUD Amendment 2
Mauriello Planning Group, LLC
This modification could be accomplished under the administrative amendment provisions
found in the PUD Guide; however the applicant has agreed to package this amendment with
a formal text change amendment, thereby proposing the amendment as a single formal
amendment to be acted on as such.
The resulting acreages and densities by planning area are:
Planning Area
Area E (Village Residential):
Area F (Village Residential):
Area H (Neighborhood Center)
Area I (Neighborhood Center):
B. Text Change to the PUD Guide
Current Proposed
5.5 acres 1.0 acres
9.5 acres 14.0 acres
3.2 acres 7.7 acres
5.7 acres 1.2 acres
The second aspect of the amendment being proposed is a text change to the PUD Guide.
The section to be amended is section D, 4 shown below as currently in effect:
At final buildout of the particular Planning Area, the following minimum and
maximum ratios of commercial and residential development, stated as a
percent age of the aggregate square footage of development within the Planning
Area [e.g., commercial square footage - (commercial + residential square footage)
Percentage of commercial], shall apply within the following Planning Arm:
Pl"Lng Area
Residential
Commercial
iV�ii2°fg
ax%
MiGN
'MAX-Oho
Village Center (A)
30%
80%o
200/6
700/6
Village residential (D,E,F)
90%
100%
4 %
10*/n
Neighborhood Commercial
(B,I)
0 %
20%
80 %
1
Regional Commercial (.l, ,L)
l!%
70%
800/0
loop/
Again in response to comments we have received from the Town and the community, Traer
Creek is proposing to allow more residential integration within the Neighborhood Center
category (H and I planning areas) and Regional Commercial category Q planning area) which
currently only allows 20% of the total floor area to be residential. This increased integration
Village At Avon — PUD Amendment 3
Mauriello Planning Group, LLC
will allow for a more vital and active commercial areas. The proposed amendment would
change the maximum residential floor area percentage to 50% and decrease the minimum
commercial floor area to 50% to allow for this integration. Additionally, in order to increase
the commercial integration in Village Residential areas, Traer Creek is also proposing to
increase the maximum commercial floor area to 30% and decrease the minimum residential
floor area to 70% in the Village Residential areas. The proposed amendment is indicated
below (deleted text is indicated in and added text is indicated in bold italic):
Planning Area
Residential
Commercial
Min %
Max %
Min %
Max %
Village Center (A)
30%
80%
20%
70%
Village Residential (D,E )
90%
100%
0%
10%
Village Residential (F)
99°4: 70%
100%
0%
s 30%
Neighborhood Commercial (H,
0%
29'7Ztl 50%
�d 50%
100%
Regional Commercial (K,L)
0 %n
20%
80%
100%
Regional Commercial )
0%
20- 10A50%
8"(11 50%
100%
Note: No residential development is being proposed at this time in planning areas K and L.
Additionally, the commercial percentage increase is not being proposed in D or E therefore, these
categories have been further refined.
Develotnment Scenarios For Planning Areas H. I. and I With and Without the Pronosed
Amendment
Below is a hypothetical development scenario for planning areas H, I, and J, provided as an example
to show the benefit of increasing the percentage of residential uses allowed in the commercial
planning areas within the Village at Avon. The proposed numbers provided do not necessary reflect
exactly what might be developed in the future but provide a snapshot of how it could be developed.
For the following development scenarios, we assumed the following:
• Commercial Floor Area = 185,000 sq. ft.
Scenario #1 (Existing PUD Limitation with 20% Residential Integration in Planning
Areas H, I, and J)
o Commercial Floor Area (80 %) = 185,000 sq. ft.
o Residential Floor Area (20 %) = 46,250 sq. ft.
o Total Floor Area (100 %) = 231,250 sq. ft
At an assumed average of 1,300 .sq. ft. for a dwelling units, the project could include a
total of 35 dwelling units (46,250/1,300 = 35.58).
The graphics below, also included in the appendix, graphically demonstrate Scenario #1:
Village At Avon — PUD Amendment 4
Mauriello Planning Group, LLC
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a
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Village At Avon — PUD Amendment 5
Maurlello Planning Group, LLC
Scenario #2 (Proposed PUD Amendment with 50% Residential Integration in
Planning Areas H, I, and J)
• Commercial Floor Area (50 %) = 185,000 sq. ft.
• Residential Floor Area (50 %) = 185,000 sq. ft.
• Total Floor Area (100 %) = 370,000 sq. ft
At an assumed average of 1,300 sq. ft. for a dwelling units, the project could include a total
of 142 dwelling units (185,000/1,300 = 142.31).
Consistent with community input, the second scenario would provide for a much more vital
and vibrant mixed use core, ultimately providing for more of a village development concept
and more of a desirable development concept. Under this development scenario, the
applicant would be providing additional diversity in terms of residential products within the
Village at Avon thus allowing for a more market driven focus.
The graphics below, also included in the appendix, graphically demonstrate Scenario #2:
� I
F
' I
F nq °m'ma� 7
I
� I+
I I
I I�
I II
�L
n
tl¢nn� ti
I I
i
i
Vdlacge At Avon — PUD Amendment 6
Maur,ello Planning Group, LLC
z�
i`ii
I II III ���
a;
I
Vdlacge At Avon — PUD Amendment 6
Maur,ello Planning Group, LLC
Village At Avon — PUD Amendment 7
Maurlello Planning Group, LLC
LOTT' E.M9T 6Fh�rR
Z EK9LM-
SECTION-A
n
'<
II
I II{
I< I
�i µz 'rc v •rrsi is
~ _
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- LQT'F'M -
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SCENARIO
Village At Avon — PUD Amendment 7
Maurlello Planning Group, LLC
3. PUD Criteria
The criteria for the establishment of a PUD are addressed below. As the proposed amendment is
generally a minor change to the approved PUD many of the criteria are somewhat irrelevant to the
scope of the proposed amendment. The Town's code does not contain special criteria for an
amendment to the PUD or for text changes to a PUD Guide. The same is true for changes to the
other PUD's approved in Avon, such as Wildridge and amendments thereto.
1. Conformity with the Avon Comprehensive Plan Goals and Objectives.
An ,
As with the original approval of the Villa
ge at Avon PUD, the proposed amendment conforms to the
Avon Comprehensive Plan Goals and Objectives. The amendment allows Mod fcation and refinement of
pZarzning area boundaries and improved residential integration within the PUD without changing the
overall purpose o f the PUD. The proposed amendment is specificaly consistent with the followinggoals,
objectives and policies:
Policy A2. 1: Parcels of land to be annexed will be master planned, in conformance with the
Land Use Plan and Design Standards, and clearly show plysical, visual and functional connections
with the existing Town.
Goal B3: Maintain a balanced, diverse economic base that provider employment
opportunities for residents and sustainable tax base for the Town.
Policy C1.1: illaintain and enhance the character oj'the residential neighborhoods of the Town.
Goal C.1: Provide a balance of land uses that offers a range of housing options, diverse
commercial and emplgiment opportunities, inviting guest accoJnmodations, and high quality civic and
recreational facilities, working in concert to strengthen Avon's identity-, as both ayear -round
residential communio and as a commercial, tourism and economic center:
Policy C 1.2: Ensure each development contributes to a healthy jobs/ housing balance in the
Town and surrounding area.
Goal C2: Ensure that Avon continues to develop as a communio of safe, interactive, and
cohesive neighborhoods that contribute to the Town's overall character and image.
Polig C 2.1: Promote a wide range of residential uses including single family, di plex,
multifamily, and vertically integrated residential units (housing on the upper floors of mixed -use
commercial buildings) throughout the town.
Policy C2.2: Require new residential development to provide a variety of housing densities,
styles, and types based upon the findings of a housing needs assessment study.
Village At Avon — PUD Amendment 8
Mauriello Planning Group. LLC
Goal C.3: Use mixed use development to create a more balanced_, sustainable system of land
uses.
Policy C.3.1: Require veriical and/or hori .Zontal mixed -use development to occur in those areas
identified in the Future Land Use Plan for mixed -use to enhance the Towns ability to respond to
changing market conditions.
Goal C4: Encourage sustainable commercial development that enhances Avon's overall
economic health, contributes to the community's image and character, and provides residents and
visitors with increased choices and services.
Goal D.1: Ensure that development and redevelopment is compatible with existing and
planned adjacent development and contributes to Avon's community image and character.
Policy D. 1.1: Encourage creative, forward thinking development consistent with adopted plans.
Policy D.1.2: Ensure that development and redevelopment responds a, ropriatey, to adjacent
development.
Goal F.1: Achieve a diverse range of qualit3 housing options to serve diverse segments qf the
population.
Policy E 1.1: Establish policies and programs that would address housing needs identified in a
periodic housing needs assessment.
Policy E 1.2: Encourage private development to include a diversity of housing Opes, sizes,
architectural
2. Conformity and compliance with the overall design theme of the Town, the
subarea design recommendations and design guidelines adopted by the Town.
Anal ,� sis
The proposed amendment to the PUD will not change the design theme originally approved for the Village
at Avon. All uses rarill be subject to the design recommendations and guidelines already adopted f or the
Village at Avon.
3. Design compatibility with the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
An sis:
The proposed amendment to the PUD will not change the compatibility of uses originally approved for the
Village at Avon with respect to architectural design, scale, bulk, building height, buffer hones, character,
or orientation. All uses rarill be subject to the design recommendations andguidelines already adopted for
Village At Avon — PUD Amendment 9
Mauriello Plannincg Group, LLC
the Village atAvon. The proposed modification to planning areas F and I will hep to improve
compatib&l i mith the existing residential areas to the south.
4. Uses, activity and design which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
An sis:
The proposed amendment to the PUD will improve the compatibility of uses originally approved for the
Village at Avon. The map modification responds to the potential impacts to residential uses south of the
railroad tacks ly the current location of the l\Teighborhood Commercial area (Planning Area 1) and
decreases the adjaceng of commercial uses to the adjacent residential areas. The text change to the PUD
Guide allows for more residential integration with the Neighborhood Center and Regional Commercial
categories, which will encourage a more vital and active commercial area. The PUD will still maintain a
compatible, efcient, and workable relationship with surrounding uses. All uses will be subject to the
design recommendations andguidelines already adopted forthe Village at Avon.
5. Identification and mitigation or avoidance of natural and /or geologic hazards that
affect the property upon which the PUD is proposed.
Analysis:
The proposed amendment to the PUD will have no impact upon natural orgeological hazards nor mill
any natural orgeological ha .Zards have an impact upon the proposed planning areas being amended.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
Analysis:
The proposed amendment to the PUD will allow the PUD to continue to maintain appropriate open
.space areas, appropriate site planning and building design to produce functional development which is
responsive and sensitive to natural features, vegetation and the overall aesthetic quaki v of the community.
7. A circulation system designed for both vehicles and pedestrians addressing on and
off -site traffic circulation that is compatible with the Town transportation plan.
Analysis:
The proposed amendment to the PUD will not change the circulation system design for the pr jest and
therefore remains consistent with the Town's transportation plan pursuant to the original approval. By
allowing more residential integration within the commercial areas, the reliance on the automobile mill be
reduced far future residents of the mixed use areas. Pedestrian access will be improved by the amendment.
Village At Avon — PUD Amendment 10
Maunello Planning Group, LLC
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
Analysis:
The proposed amendment to the PUD will not change the overall functional and aesthetic landscaping and
open pace of the site.
9. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and efficient
without relying upon completion of future project phases.
Anal1 sis:
The proposed amendment to the PUD will have no impact on the overall phasing schedule for the Village
at Avon PUD as originally approved The approved PUD and annexation agreement included provision
for the phasing of improvements related to the impact of development. Traer Creek, has provided those
required improvements in accordance with its agreements with the Town. These improvements include the
I -70 interchange, Highway 6 intersection improvements, Post Boulevard, sewer line connections and
extensions, to name a few. Traer Creek will continue to provide any infrastructure improvements as
required by the PUD and annexation agreements as they relate to the impacts created by development
within the PUD.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, police and fire protection.
Anasis:
Public facilities and uses remain unchanged and unaffected by the proposed amendment..
11. That existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Analvsis
The proposed amendment to the PUD will not change overall traf icgenerated by the pr iect as uses are
generaly bein g relocated within the existing PUD.
12. Describe the proposed development standards. Provide justifications for the
proposed standards and describe the benefits to the Town if they deviate from
Town standards.
Analysis:
The proposed amendment to the PUD will not change the development standards adopted for this PUD
other than the proposed ratio changes. The proposed benefits and justifcation for the changes are well
supported within this document and respond directly to input received from the Toxn and the community.
The development standards of the original PUD approval were found to be appropriate and consistent
Village At Avon — PUD Amendment 11
Mauriello Planning Group, LLC
with the Towns standards as are theproliosed modifications. No additional density or development rights
are being created by this amendment.
Vdlacge At Avon — PUD Amendment 12
Maunello Planning Group, LLC
Appendix
Letter to Town of Avon Verifying Submittal Requirements
Proposed PUD Master Development Plan
Conceptual Development Scenarios
l�
Mauriallo Planning Group
May 30, 2007
Matt Gennett, 5enior Planner
Town of Avon
PO Box 975
Avon, Colorado 8 1 G20
Re: Amendment to the Village at Avon PUD
Dear Matt:
I wanted to thank you and Eric for taking time to meet with me regarding a proposed
amendment to the Village at Avon PUD. This letter is intended to provide a follow -up of
our discussion as well as arrive at an understanding of the submittal requirements
necessary based on the scope and character of the proposed amendment.
As you are aware, Traer Creek is proposing to amend the PUD Sketch /Development Plan
(aka, PUD Master Plan) map to modify and relocate the planning area boundaries to
accommodate future site planning for planning areas t1 (Neighborhood Center), I
(Neighborhood Center), E (Village Residential), and F (Village Residential). The essence
of the amendment is to expand planning area 11 to the west and overtake some acreage
in E and then add the acreage lost in E to planning area F by expanding F to the east.
The result is then a reduced area in planning area I. The changes are balanced in such a
way that the densities and acreages remain unchanged in the Village Residential areas
and in the Neighborhood Center areas.
This portion of the proposed amendment is being proposed based on input we have
received from the Town and the community. The specific issue that this responds to is
the potential impacts to residential uses south of the railroad tracks by the current
location of the Neighborhood Commercial area represented by planning area I. The
amendment would reduce the impacts of commercial development on this adjacent
residential area by decreasing the adjacency of commercial uses to the adjacent
residential areas.
This amendment could be accomplished under the administrative amendment provisions
found in the PUD Guide; however the applicant has agreed to package this amendment
with a formal text change amendment, thereby processing the amendment as a single
formal amendment.
The second aspect of the amendment being proposed is a text change to the PUD
Guide. The section to be amended is section D, 4 shown below:
At final buildout of the particular Planning Area, the following minimum and
maximum ratios of commercial and residential development, stated as a
percentage of the aggregate square footage of development within the Planning
Area [e.g., commercial square footage + (commercial + residential square footage)
= percentage of commercial}, shaft apply within the following Planning Areas:
Phmning Area Residential ICQmrKrcial
Village Center (A) 3iie/n 80% 20% 70%
Village Residential (17,F F) 90% 300%
Neighborhood Commercial
(H,l) 00/0 20°1e 8(i% 100e %i
Regional Commercial (I,K,L) 0% 201%, g0% 10004
Again in response to comments we have received from the Town and the community,
Traer Creek is proposing to allow more residential integration within the Neighborhood
Center category (H and I planning areas) and Regional Commercial (J, K, and L planning
areas) which currently only allows 20% of the total floor area to be residential. We
believe increased integration will allow for a more vital and active commercial areas. The
proposed amendment would change the maximum residential floor area percentage to
50% and decrease the minimum commercial floor area to 50% to allow for this
integration. Additionally, in order to increase the commercial integration in Village
Residential areas, Traer Creek is also proposing to increase the maximum commercial
floor area to 30% and decrease the minimum residential floor area to 70% in the Village
Residential areas.
The proposed amendments address minor modifications to planning areas boundaries
and text changes to the PUD Guide which do not result in a change to the overall
purpose of the PUD and has no impact to the overall density and commercial square
footage allowed within the PUD. Without approval of this amendment, Traer Creek will
still be able to develop the commercial areas but with less residential integration but we
agree with those in the Town that have promoted this as a positive change.
In reviewing the Town Code with regard to amendments to a PUD, it becomes apparent
that the Code anticipates that the application materials "may vary depending on the
complexity" of the proposed amendment and allows the Community Development
Department to waive certain submittal items. Given the scope and character of the
proposed amendment (administrative /text change), it becomes clear that certain
submittal items are unwarranted, unnecessary, or overly burdensome. We would request
that the submittal requirements for an amendment to a PUD be waived by the
administrator except for the following:
• Legal description of the property (Lot I , Village at Avon, Filing I );
• Names and Addresses of all adjacent property owners within 300' of PUD;
• Written consent of the property owner;
• Application form and fee;
• A written statement describing the nature of the project, to include information
on proposed uses, densities, nature of the development proposed,
contemplated ownership patterns and phasing plans;
• Amended PUD Master Plan (aka, Development Plan Map as recently revised by
formal amendment);
• Amended language for Section D, 4; and
• Written description of compliance with Design Criteria (1 7.20. 1 1 Oh).
Also, based on the scope and character of the proposed amendments, due to the fact
that the property being considered for the proposed amendments was previously
subdivided, and since the proposed amendments do not require a subdivision to
implement development, no 51-119CW15ion application is necessary for the proposed
amendments.
We hope that you agree with our analysis of submittal requirements.
Thank you for your cooperation and I look forward to hearing from you.
Sincerely,
Dominic F. Mauriello, AICP
Principal
The Village (at Avon) PUD Development Plan
Formal Amendment Number Two
-Town of Avon, Colorado
RMF -3
16.3 ac
OS-1
17 ac
f -
NOTES: C r =
RMF•1
t. I.ot ! it intended for W a$ homeowner r'1„ 31.5 ac
fac0ities and csidential carolakor nml. No rr�� sr�
additiorud residential use $ball be ativvcd on
Lot 1.
2. There am no Iota numbered 2, 3, 4 and 5 on
This plan. ` OS-9
Total residential and commerci2l density r lr lO. 9C 5 8C
i. -rd widen r6e entire Ci' 1
i¢ acordarsc with TF{F, \'ILI,AGIi (nt Avon) �� 3�1��,%,
P.UD. Guide. �� -
4. Pursuant to Sxtion!7.A.0.50ofthe Avon
Municipal Co&:
Apnreval of this plan costitutes a vested
pmporry right, pursuant to .kndcle 6S of Title
24, C. R. S., as amended.
5. This "M: 33
indieales. Building Envelope Loeadoa
6. Unless more Dwelling Units are approved by subwquenl
amendment to Ods Development Plan, the total number of
rc idcntial DwcllinB Units within Plat ring Vea W%W -1 will
not exceed L99.72.
LAND USE
Residential
Area N - Commtnuty Park
29.0
b4VY.,%LLO \VED
® Village Center
ACRES
OF SITE
DFNS[FY -DU /ACRE
Residential; Single Faintly
916.4
51. ?%
tm
1 priryfl secondary
Las! -96
Parkland
0-1% e
residence per lot
RMF -1 ResidenliallMulti- Family
3L5
1.8%
6 du/acre
RMF -2 Residentiall\4ulti- F;unily
43.6
2;1%
12 dulacre
RMF 3, Residential i Multi- Family
16.3
0.9%
6 dulacre
Subtotal
1007.8
563%
Subtotal
Parks and Open Space
66.0
3.7%
15 dwacre
Residential
Area N - Commtnuty Park
29.0
1.6%
® Village Center
Open Space
1.8%
25 dWacre
Cultural I Recreational
cs -l'tv *Os -l1
499.9
27.9e/
Ice Skating / Events Center
Parkland
0-1% e
4 dulacre
r _ Village Residential
P.I ttu-gh m
15.7
0.9%
Subtotal
1.0
544.6
30A%
Road R,O.W
14.0
0.7%
]g dulacre
Road R. 0. W.
66.0
3.7%
Subtotal
Neighborhood Center
66.0
3.7%
Residential
,\CRFS
%017SITE
� ``d LONED
DENSITY- DWACRE
® Village Center
33.0
1.8%
25 dWacre
Cultural I Recreational
24
0.1%
10 du/acre
Ice Skating / Events Center
1.7
0-1% e
4 dulacre
r _ Village Residential
13.2
0.7%
LS du/acro
- _- V'illageReside»tial
1.0
0 -05°x°
18 du/acre
Village Residential
14.0
0.7%
]g dulacre
School
7.3
0.4%
Neighborhood Center
7.7
0.4%
15 dwacre
Neighborhood Center
1.2
0.06%
15 dulaen:
Regional Commercial
8: t
0.5%
15 dulacre
Regional Commercial
29 -9
1.7%
15 du/acre
Regional Commercial
4.0
0.2%
15 du/acre
RcgionalCommerci:d
47.7
2.7%
13 dalacre
Subtotal
171.5
9.6%
PROJECT TOTAL 1789.9 100% 22100 maximum*
tftb,b,.
FORMAL AMENDMENTS
No. 1 The Village (at Avon) PUD Development Plan Formal Amendment Number One
approved on January 23, 20007 by Ordinance No. 06 -17
ADMINISTRATIVE AMENDMENTS:
No. 1 PUD Development Plan Administrative Amendment No. 1 to The Village (at Avon) P.U.D. Development Plan/
Sketch Plan dated October 9. 1998 as shown on document recorded July 31, 2001 as Reception No. 763439
No, 2 PUD Guide Administrative Amendment No. 2 to recorded January 19, 2002 as Reception No. 786254
No. 3 PUD Guide Administrative Amendment No. 3 to recorded May 15, 2002 as Reception No. 795806
No. 4 PUD Guide Administrative Amendment No. 4 to recorded May 15, 2002 as Reception No, 795805
P.U.D. DEVELOPMENT PLANS:
No- t The Village (at Avon) PUD Development Plan, 1'own of Avon Ordinance No. 98 -14. Recorded November 25, 199S
as Reception No. 677740
TOWN CERTIFICATE (PUD MAP AMENDMENT)
THIS PUD MAP AMENDMENT IS APPROVED BY THE TOWN
COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE
OF COLORADO THIS DAY OF 2007, SUBJECT TO
THE FINDINGS AND CONDITIONS OF ORDINANCE NO.
WITNESS MY HAND AND SEAL OF THE TOWN OF
AVON:
TOWN COUNCIL OF THE TOWN OF AVON
BY: MAYOR
ATTEST: TOWN CLERK
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EXHIBIT C
Town may withdraw its offer to enter into this Agreement. If Owner withdraws the Annexation
Petition, either party withdraws its offer to enter into this Agreement, or if Final Approval does
not occur, then this Agreement shall be deemed void and of no force or effect, the Property shall
be deemed not annexed to the Town, and the vested property rights described in this Agreement
shall be deemed not established.
ARTICLE 3
Zoning and Vested Rights
3.1 PUD Zoning. Upon annexation of the Property, the entire Property shall be zoned
as a PUD as provided in this Agreement and in the Development Plan.
3.2 Permitted Uses /Design Standards. The permitted uses of the Property, the density
and intensity of use (including, without limitation, 650,000 square feet of Commercial Space and
2,400 Dwelling Units, including 500 affordable housing units, all as more specifically described
in the PUD Guide), the maximum height, bulk and size of proposed buildings, Project design
standards, provisions for reservation or dedication of land for public purposes. the general
location of roads and trails, the ability of Owner to relocate roads, trails and improvements, and
other terms and conditions of development applicable to the Property and the Project shall be
those set forth in this Agreement and the Development Plan, as amended from time to time in
accordance with Section 1.4.
33 Vesting of Property Rights. Owner and the Town agree that (a) this Agreement,
the Development Plan and the Sketch Plan constitute an approved "site- specific development
plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal
Code, and (b) that the owners of the Property shall have vested property rights to undertake and
complete development and use of the Property and the Project as provided in this Agreement, the
Development Plan and the Sketch Plan. Pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
3.4 Property Rights Vested. The rights identified below shall constitute the vested
property rights under this Agreement:
(a) The right to develop, plan and engage in land uses within the Property and
the Project in the manner and to the extent set forth in and pursuant to this Agreement, the
Development Plan and the Sketch Plan.
(b) The right to develop, plan and engage in land uses within the Property and
the Project in accordance with the densities, physical development standards and other physical
parameters set forth in the Development Plan.
(c) The right to develop the Project in the order, at the rate and at the time as
market conditions dictate, subject to the terms and conditions of this Agreement and the
Development Plan,
1111111111111111 l 111111111111111111111111 11111111111111
677743 11/25/1998 01:06P 27 Sara Fisher
8 of 36 R 181.00 D 0.00 N 0.00 Eagle CC
(d) The right to develop and complete the development of the Projeci
(including, without limitation, the right to receive all Town approvals necessary for the
development of the Project) with conditions, standards and dedications which are no more
onerous than those imposed by the Town upon other developers in the Town on a uniform, non-
discriminatory and consistent basis, and subject only to the exactions and requirements set forth
in this Agreement and the PUD Guide; provided that such conditions, standards and dedications
shall not directly or indirectly have the effect of materially and adversely altering, impairing,
preventing, diminishing, imposing a moratorium on development, delaying or otherwise
adversely affecting any of the Owner's rights set forth in this Agreement or the Development
Plan.
(e) The Town shall not initiate any zoning, land use or other legal or
administrative action that would directly or indirectly have the effect of materially and adversely
altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying
or otherwise adversely affecting any of the Owner's rights set forth in this Agreement or the
Development Plan.
3.5 No Obligation to Develop. Owner shall have no obligation to develop all or any
Portion of the Project and shall have no liability to the Town or any other party for its failure to
develop all or any part of the Project. Owner and the Town contemplate that the Project will be
developed in phases. Owner shall have no obligation to develop all or any portion of any such
phase, notwithstanding the development or non - development of any other phase, and Owner
shall have no liability to the Town or any other party for its failure to develop all or any portion
of any such phase of the Project.
3.6 Compliance with General Regulations. Except as otherwise provided in this
Agreement or the Development Plan, the establishment of vested property rights under this
Agreement shall not preclude the application on a uniform and non - discriminatory basis of Town
regulations of general applicability (including, but not limited to, building, fire, plumbing,
electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or
the application of state or federal regulations, as all of such regulations exist on the date of this
Agreement or may be enacted or amended after the date of this Agreement, provided that such
newly enacted or amended Town regulations shall not directly or indirectly have the effect of
materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of Owner's rights set forth in this
Agreement or the Development Plan. Owner does not waive its right to oppose the enactment or
amendment of any such regulations.
ARTICLE 4
Public Facilities; Revenue Sharin
4.1 Access. Roads. Access, ingress and egress to, from and within the Project shall
be provided as generally described in the Development Plan. Owner contemplates that one or
more of the Districts shall construct the roads within the Project in accordance with standards set
forth in the PUD Guide and dedicate such roads to the Town, whereupon the Town shall accept
1111111 11111 1111111 11111111111111 111111 11111111 11111111
677743 11/25/1898 01:06P 27 Sara Flahor
9 of 36 R 181.00 D 0.00 N 0.00 Eagla CO
Is
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a f
(ii) An annual price appreciation cap of 3 %, or such higher percentage
as the Town Council may approve from time to tune, well be
established.
(iii) If and when an owner moves out of his or her unit, he or she will
be required to sell his or her unit to Owner or a Qualified Buyer.
(iv) The rental units. will be targeted to households earning between
50% - 80% of the ECMFI. Rents shall not exceed 30% of the
tenant's monthly income, adjusted for household size, including
utilities, 'for which allowances are determined annually by the
Colorado Housing Finance Agency.
} (v) Capital improvements to a for -sale unit may be made up to ten
percent of the original purchase: price of the unit every ten years.
No restrictions on capital improvements shall be placed on rental
units.
(vi) In addition to the annual price appreciation, real estate
commissions not to exceed three percent (3 0/6) and closing costs
shall be allowed for re -sales of for -sale units after the initial sales
of such for -sale units by the Owner.
r (vii) First time home buyers shall be exempt from Real Estate Transfer
Fees as set forth in the Annexation and Development Agreement.
(e) Subject to receiving all required permits and approvals therefor, Owner .
will assure that a minimum of 100 affordable housing units will be
constructed in conjunction with the initial phase of commercial and/or
residential construction within the Project (but not in connection with the
construction of infrastructure in preparation for such initial phase of
commercial and/or residential construction).
---- -? 12. Provision of Certain Amenities.
(a) Community Park (Planning Area N):
(i) Construction of the initial fifty percent (50 %) of the community
park shall be commenced prior to the date that the Town's
obligation arises :to issue a certificate of occupancy for the
Dwelling Unit constituting the 601' Dwelling Unit within the
Property that otherwise is eligible to receive a certificate of
occupancy.
(ii) Construction of the second fifty percent (50 %) of the community
park shall be commenced prior to the date that the Town's
r ! Ii1lII Itlll IIIIIlI t111111111IIII Itlltl III [VIII X111111
156806.H MLA Ert 677744 11/25/1998 91:07P 394 Sara Ftshsr
51 of 91 R 468.00 0 0.00 N 0.00 EasIo CO
0
obligation arises to issue a certificate of occupancy for the
Dwelling Unit constituting the 1200 Dwelling Unit within the
Property that otherwise is eligible to receive a certificate of
occupancy.
(iii) Once commenced, construction of the improvements contemplated
in (i) and (ii) above shall be prosecuted with due diligence in
accordance with sound construction practices.
(b) Pocket Parks (Planning Areas P 1 - P6) and Bike Trails:
Pocket parks and bike trail improvements shall be commenced and
prosecuted with due diligence in accordance with sound construction
practices concurrently with development of immediately adjacent parcels.
(c) Community Center (Planning Area B):
(i) Construction of the initial phase of the community center shaff-be
commenced prior to the date that the Town's obligation arises to
issue a certificate of occupancy for the Dwelling Unit constituting
the. 601' Dwelling Unit within the Property that otherwise_ is
eligible to receive a certificate of occupancy.
(ii) Construction of the second (final) phase of the community center
shall be commenced prior to the date that the Town's• obligation
arises to issue a certificate of occupancy for the Dwelling Unit
constituting the 1200` Dwelling Unit within the Property that
otherwise is eligible to receive a certificate of occupancy.
(iii) Once commenced, construction of the improvements contemplated
in (i) and (ii) above shall be prosecuted with due diligence = in
accordance with sound construction practices_
(d) Ice Skating/Events Center (Planning Area C):
Construction of the ice skating/events center shall be commenced prior to
the date that. the Town's obligation arises to issue a certificate of
occupancy for the Commercial Space including the 200,000'b square foot
of floor area for which the Town has issued a certificate of occupancy for
Commercial Space within Planning Area A. Once commenced,
construction of the ice skating/events center shall be prosecuted with due
diligence in accordance with sound construction practices.
111111IRA NIIIII Inll IWI IIW HIM IIIII HIM 11 III
Exhibit D
trails
Town of Avon August 31, 2007
Community Development Department
Attn: Matt Gennett
PO Box 975
Avon, Colorado 81620
RE: Amendment to the Village at Avon PUD/ Case No. Z- PU2006 -2
Dear Matt,
Thank you for requesting development review comments from the ECO Trails staff and committee
regarding the Village at Avon proposed PUD amendment.
As you are aware, Avon is a partner in the effort to create a regional trail system that connects
communities as well as provides bicycle and pedestrian travel routes within communities. Currently, the
regional trail system is not connected from central Avon to Eagle -Vail near Dowd Junction despite ECO
Trails efforts as a citizen advocacy group to encourage the connection through the Village at Avon
property on the north side of I -70.
This PUD amendment process is an opportunity to complete a long - awaited trail section. We urge the
Town of Avon to require a 20 foot wide trail easement at this time, across the parcels identified as RMF -1
and Tract M on the PUD map submitted with the amendment application as a benefit for the citizens of
Avon and Eagle County.
Please do not hesitate to contact me if you have any questions.
ON BEHALF OF THE ECO EAGLE VALLEY TRAILS COMMITTEE
*4�
Ellie Caryl
ECO Trails Program Manager
cc: Eric Heidemann, Avon Community Development Director
ECO Eagle Valley Trails Committee
Eagle County Regional Transportation Authority (ECO) Board
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October 9, 2007
Mauriello Planning Group
Planning and Zoning Commission
C/O Matthew R. Gennett, AICP Senior Planner
Town of Avon
PO Box 975
Avon, Colorado 81620
Re: Conditions of Approval — Traer Creek Amendment
Dear Planning and Zoning Commission Members:
This letter is intended to respond to the proposed conditions of approval as put forth in the staff
report to the Planning and Zoning Commission (P &Z) dated August 15, 2007 for the hearing on
the proposed Planned Unit Development (PUD) Amendment for the Village at Avon PUD. This
item was first scheduled for hearing on August 21 and was subsequently tabled to the October
16`h meeting of the P &Z at the applicant's request.
The applicant has several issues and concerns with all of the proposed conditions of.approval.
We will address the specifics of each but in general we find that the proposed conditions violate
the provisions of the Village at Avon PUD Guide ( "PUD Guide ") and the Annexation and
Development Agreement ( "Annexation Agreement') for the property, and also violate the legal
standard requiring that conditions of approval or exactions have a reasonable relationship to the
impacts created by the proposal or that there is a rational nexus between the condition or
exaction being enforced and the impacts of the proposed application.
By way of background, Section 1.3 of the Annexation Agreement states that the term of "the
vested property rights established under this Agreement shall commence on the Effective Date
and shall continue until the 35 "' anniversary of the Effective Date." (emphasis added). Section
4.3(e) of the Annexation Agreement (emphasis added) states that the Town "shall not initiate any
zoning, land use or other legal or administrative action that would directly or indirectly ha e the
effect of materially and adversely altering, impairing, preventing, diminishing, imposing a
moratorium on development, delaying or otherw -se adversely affecting any of the Owner's rights
set forth in this Agreement or the Development Plan" (as defined in Section 1. 1.9 of the
Annexation Agreement, the PUD Guide and the Sketch/PUD Development Plan).
Section A.2 of the PUD Guide provides that the vested property rights "shall remain vested for
the term set forth in Section 1.3 of the Annexation, and Development Agreement." This'
provision further provides that subsequently approved amendments to various elements of the
vested rights documentation, including amendments to the PUD Guide and the Sketch /PUD
Development Plan, are within the scope of the "sit: specific development plan" for which vested
property rights are established through the 35th anniversary ofthe Effective Date. Similarly,
Section A.4 of the PUD Guide (emphasis added) contemplates that any generally applicable
regulations adopted by the Town "shall not directly or indirectly have the effect of materially
and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of the Owner's rights set forth in the
Annexation and Development Agreement or the Development Plan." Section A.5 of the PUD
Guide restates this same language in the context of resolving conflicts between Municipal Code
provisions and the provisions of the Development Plan and /or the Annexation Agreement.
All of the foregoing is pursuant to C.R.S. § 24 -68 -101, et seq., including Section 24-68 -
103(1)(c), which specifically provides that "A vested property right shall attach to and run with
the applicable property and shall confer upon the landowner the right to undertake and complete
the development and use of said property under the terms and conditions of the site specific
development plan including any amendments thereto. (emphasis added).
Let's examine these proposed conditions individually.
Proposed Condition #1:
1. Planning Areas E, F, H,1, and J shall be limited to a 5 -year vesting period, pursuant to
Ordinance No. 06 -09, the Town's vested rights regulations;
Our Analvsis:
As should be clear from the background discussion regarding vested property rights, this
condition is contrary to the express language of the Annexation Agreement, the PUD Guide and
the vested property rights statute. In sum, the vesting period is 35 years from the Effective Date
of the Annexation Agreement and PUD Guide. There is a vested right to have amendments to
those documents remain vested for the balance of the full 35 year term, notwithstanding any
subsequent amendment to the Municipal Code that in other contexts would limit the term of
newly established vested property rights. The original rationale for the 35 year vesting period
has not changed, and nothing in the proposed PUD amendment justifies a reduction in the
vesting period. This proposed condition appears to be a gratuitous and punitive attempt to
rewrite the Annexation Agreement when the proposed PUD amendment is simply a refinement
of the existing PUD that seeks to do nothing more than organize existing densities and uses in a
manner that responds to input from the'Town and the community to produce a better
development with less impacts to existing residents to the south. Therefore, the applicant
declines to waive its vested property right to a 35 year term as a condition of approval for this
PUD amendment.
Proposed Condition #2:
2. Section I(] 2)(d) of the Village at Avon PUD Guide shall be amended to include Planning
Areas B, C, D, E, F, G, H, 1, and J;
Our Analysis:
Section I(] 2)(d) states the following:
(d) Ice Skating/Events Center (Planning Area C):
Construction of the ice skating/events center shall be commenced prior to the date that
the Town's obligation arises to issue a certificate of occupancy for the Commercial Space
including the 200 '000th square foot of floor area for which the Town has issued a
certificate of occupancy for Commercial Space within Planning Area A. Once
commenced, construction of the ice skating/events center shall be prosecuted with due
diligence in accordance with sound construction practices.
The proposed condition of approval (an exaction) proposes to amend the provision so that it is no
longer tied to development in Planning Area A, but also to Planning Areas B, C, D, E, F, H, I,
and J.
The amendment proposed by the applicant seeks to amend the floor area percentages and the
area boundaries within planning area H, ], J, E, and F in order to refine the existing entitlements
to produce a better project with less impacts to existing residents to the south. There is no
relationship whatsoever between the proposed amendment and the requirement for an ice
skating/events center on Planning Area C triggered by development in Planning Area A. Our
proposed amendments do not increase the residential density or the amount of commercial
square footage allowed within the PUD. The proposed amendment does not reduce, affect, or
change the amount of commercial space that can be developed within Planning Area A. To the
contrary, we believe the proposed amendment may result in less commercial space development
in Planning Areas H,1, and J, thus leaving more commercial square footage available for
development in Planning Area A. We believe that this has surfaced as a condition in an attempt
to rewrite the Annexation and Development Agreement.
If the Planning and Zoning Commission applies the criteria within the Town Code and
provisions adopted in the Annexation and Development Agreement and the PUD Guide for this
project, it should find that there is no reasonable relationship or rational nexus between the
proposed amendment and the exaction being sought by this condition.
Moreover, as discussed above in the context of the vested property rights for this project,
imposition of this condition would clearly impair our existing obligations and commitments
regarding the trigger for constructing the ice skating/events center. This proposed condition also
appears to have no rationale other than to impose a gratuitous and punitive condition on an
9
amendment with respect to which there should be no substantive issues. Therefore, the
applicant declines to waive its vested property right to the trigger of the ice skating /events center
obligation as a condition of approval for this PUD amendment.
Proposed Condition #3:
3. The applicant shall quantify the proposed traffic impacts with respect to trip generation,
impact to existing travel times, and stacking for all modes to the satisfaction of the Town
Engineer through submittal of a Traffic Study prepared by a qualified licensed Traffic
Engineer prior to the issuance of a building permit within Planning Areas E, F, H, 1, and
J;
Our Analvsis:
The proposed amendments seek to integrate more residential development within the commercial
planning areas H, I, and J, and to marginally increase the amount of commercial floor area in .
planning area F. A traffic report was prepared for this project when it was originally approved
and indicated the projected volumes of traffic within the PUD. The proposed amendments do
not change the projected volumes of traffic forecast within the Village at Avon PUD as the total
allowance for commercial space (650,000 sq. ft.) and limitation on total number of dwelling
units (2,400 dwelling units) remain unchanged with the proposed amendments. The applicant
agrees to provide a site - specific update to the original traffic study for the Village at Avon upon
making application for something that triggers this requirement in the Town Code such as a
resubdivision within planning areas E, F, H, 1, or J.
The applicant agrees to a modified condition of approval.
Proposed Condition #4:
4. At such time as formal approval by Town Council is granted for this amendment, the
applicant will have provided sufficient language to be incorporated within the PUD
development plan and annexation agreement which guarantees a portion of the remaining
attainable housing requirement be realized in Planning Areas E, F, and H; and
Our Analvsis•
Section 1.11 of the PUD Guide contains the complete affordable housing plan for the project, and
is part of the vested rights discussed above. This requires provision of 500 affordable housing
units meeting the criteria set forth in Section 1.11. Subparagraph (e) requires a minimum of 100
affordable housing units with the initial phase of commercial and /or residential construction.
This requirement has been exceeded, as 244 affordable housing units were provided with the
initial phase of commercial development. As of this date, while no market rate housing units
have been constructed within the project, 144 affordable units more than required already exist.
There are no further linkages in the PUB Guide pertaining to the timing or location of additional
affordable housing units. In fact, Section L I 1 states "Owner will provide for affordable housing
Cl
%D
within the Property at locations determined by Owner in its sole discretion ..." (emphasis
added). Again, the total number of affordable units and the flexibility as to their location is part
of the vested property rights.
The proposed amendments would allow there to be more residential floor area and consequently
more residential dwelling units developed within the commercial planning areas H, 1, and J at the
expense of dwelling units elsewhere within the PUD. The amendment does not grant additional
residential density for the PUD. The total number of dwelling units within the PUD is capped at
2,400 units. The proposed amendment seeks to improve the character of the remaining
commercial areas and allow for a more village (neo- traditional) development pattern. The
amendment has no effect on the provisions of affordable, attainable, or employee housing
generated or required by the PUD. There is therefore no reasonable relationship or rational
nexus between the imposed condition or exaction and the proposed amendment.
If the Planning and Zoning Commission applies the criteria within the Town Code and
provisions adopted in the Annexation and Development Agreement and the PUD Guide for this
project, it should find that there is no relationship or rational nexus between the proposed
amendment and the exaction being sought by this condition.
Notwithstanding the foregoing, this proposed condition seeks to dictate both when and where
affordable housing units will be provided. This proposed condition also appears to have no
rationale other than to impose a gratuitous and punitive condition on an amendment with respect
to which there should be no substantive issues. For the reasons discussed above, the applicant
declines to waive its vested property right, as a condition of approval for this PUD amendment,
to determine where and when additional affordable housing units will be provided. That said, one
likely result of approving the proposed PUD amendment will be to increase residential density
within the commercial planning areas of H, 1, and J. The dwelling units created within this
commercial village area will likely result in less value per sq. ft. than if these units were
developed in other areas within the PUD. The end result may therefore be that the units created
by this amendment (not new units, but relocated units) will be more attainable in nature and,
should the applicant so determine in the exercise of its discretion, potentially be utilized to
further implement and satisfy the requirements of the affordable housing plan set forth in Section
1.11 of the PUD Guide.
Proposed Condition #5:
The applicant shall initiate and properly maintain mass transit service connecting West
Avon to the easternmost commercial parcels and Buffalo Ridge of the District, at a level
of service no less frequent than is provided within the Town, from time -to -time, and
pursuant to Section 4.10 of the Village at Avon Annexation and Development
Agreement, prior to the issuance of a building permit within Planning Areas E, F, H, 1,
and J.
Our Analysis:
The proposed amendment to allow for more residential integration within commercial areas of
the project does not have a direct impact on the need for mass transit service within the Village at
Avon. In fact due to the introduction of residential units in planning areas H,1, and J there
should be a net reduction in need for transit service. People living within these planning areas
will have a reduced need for transportation due to the proximity of commercial uses and services
in the area. Whereas, if no residential uses were developed in these planning areas all consumers
would have to rely upon some form of transportation to access the commercial uses located
onsite.
As with condition /exaction number 2 above, the proposed condition seeks to rewrite the
Annexation and Development Agreement for the Village at Avon. LTThat agreement states that
any bus or shuttle service is "at the request of the District" (the .District refers to the Metro
District for the Village at Avon). As recent history has shown, some members of the Town
Council and staff dislike this provision of the Annexation and Development Agreement as
written and believe the District should be providing this transit service currently)The Village at
Avon Metro District is not a party to the proposed application and there is clearly no reasonable
relationship or rational nexus between the proposed condition or exaction and the proposed
amendments.
If the Planning and Zoning Commission applies the criteria within the Town Code and
provisions adopted in the Annexation and Development Agreement and the PUD Guide for this
project, it should find that there is no relationship or rational nexus between the proposed
amendment and the exaction being sought by this condition.
Because this is a District obligation, and the proposed condition of approval affects an element of
the vested property rights created in the Annexation Agreement, it is something to which the
District would need to consent and is not within the applicant's ability to make a commitment.
For the foregoing reasons, the applicant requests that this condition not be included in any
motion for approval.
Thank you for considering our concerns with the proposed conditions of approval.
Sincerely,
u4
Dominic F. Mauriello, AICP
Principal
ON
12—
A RESOLUTION RECOMMENDING APPROVAL OF A PUD
AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON
PUD PLANNING AREAS E, F, H, I AND J, FILING 1, VILLAGE AT
AVON SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE, AND
SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to
amend the existing Planned Unit Development ( "PUD ") for the Village at Avon PUD; and
WHEREAS, the proper posting, publication and public notices for a hearing on October
16, 2007 before the Planning and Zoning Commission of the Town of Avon were
provided as required by law; and
WHEREAS, said application was heard at the October 16, 2007 Planning and Zoning
Commission hearing and the Commission forwarded a recommendation of approval to
the Avon Town Council, but declined to make a decision on the suggested conditions of
approval contained in the Staff Report dated October 11, 2007, and deferred said
conditions to Council for their consideration; and
WHEREAS, said application complies with the Town of Avon Comprehensive Plan's
Goals, as required by section 17.20.110h(1) of the Avon Municipal Code; and
WHEREAS, The Planning and Zoning Commission considered the following criteria
when evaluating this application:
1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
/_f
F. WIanning & Zoning CommissionlResolntions120071Res 07 -04 VAA Amend.doc
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and /or geologic hazards that
affect the property upon which the PUD is proposed.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
7. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that is compatible with the Town Transportation Plan.
8. Functional, and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan shall
clearly demonstrate that each phase can be workable, functional and efficient without
relying upon completion of future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD..
WHEREAS, this PUD Amendment provides evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code,
F:Oa niing & Zoning Con iniissionlResohitiolis12007IRes 07 -04 VAA Aniend.doc 1�4
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends approval to the Avon Town Council of the amendment of the
Village at Avon PUD, Filing 1, application dated July 12, 2007
ADOPTED AND REAFFIRMED THIS 6t" DAY OF NOVEMBER, 2007
Signed:
Date: ( -
Chris Evans, Chair
Attest:
Date: /l 7 ° -
Phil Struve, Secretary
F.-Oanning & Zoning Con :n:issionlResolutionsl2007lRes 07 -04 VAA Aniend.doc
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORDINANCE RELATING TO ESTABLISHMENT
OF SPECIAL DISTRICTS
DATE: November 13, 2007
There are two iterations of both the ordinance and the
model service plan as part of the information before Council. The
second iteration of each contains additional changes suggested by the
Legal Subcommittee. The clean version of both documents contains
the changes tracked in both iterations.
Jwd:ipse
ORDINANCE NO. 07-11
AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPECIAL
DISTRICTS WITHIN THE TOWN OF AVON
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Amendment. The Avon Municipal Code is amended by
the addition of a Title 18, "Miscellaneous," including a Chapter 18.01, `Establishment of
Special Districts," to provide as follows
18.01.01 Definitions. The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them in this section.
"Approved Service Plan" means (1) any Title 32 district service plan or
amended service plan that has been approved by a resolution adopted by the Town
Council or (2) a service plan of a District that was originally approved by a board of
county commissioners and all of the property in the District is later annexed by the Town
and jurisdiction for such service plan was accepted through the adoption of a resolution
by the Town Council.
"District" or "Districts" means one or more special district(s) which are
quasi - municipal corporation(s) and political subdivision(s) proposed, organized, or acting
pursuant to the provisions of this Chapter and Title 32. Other types of districts, such as
business improvement districts, special improvement districts, general improvement
districts, and other special or local improvement districts created pursuant to the Town
Charter are specifically excluded from this definition.
"Existing District" means a District in existence as of the effective date of
this Ordinance.
"Material Modification" means modifications to an Approved Service
Plan as described in C.R.S. 32- 1- 207(2) or in this Chapter.
"Model Service Plan" means Avon's model service plan for Title 32
Districts as approved by the Town Manager in accordance with the provisions of this
Chapter.
"Petitioner" means any person(s) or other legal entity proposing a service
plan or an amendment to an Approved Service Plan.
"Proposed Service Plan" means any Title 32 District service plan or
amended service plan filed with the Town that (i) has not yet been approved or
disapproved by resolution of the Town Council, or (ii) has been conditionally approved
001024A9 81P1 FIN\''"�37221l7.6
PUBFIN\741679.1
by resolution of the Town Council subject to the inclusion of such amendments or
additional information as stated in such resolution.
"Title 32" means Title 32, Article 1, C.R.S., as the same may be amended
from time to time.
18.01.02 Legislative Declaration.
(a) The Town Council recognizes that under certain
appropriate circumstances Districts provide a financing alternative for developers of
infrastructure within the Town. The General Assembly has adopted legislation for the
organization of special districts pursuant to Title 32 to facilitate the elimination of
overlapping services provided by local governments and the double taxation that may
occur, because of annexation or otherwise, when all of the taxable property of a District
lies within the boundaries of the Town.
(b) The Town Council, in furtherance of the best interests of
the Town and the preservation and protection of the health, safety, prosperity, security,
and general welfare of Town residents declares its intent:
(1) To prevent the indebtedness incurred by Districts
from adversely affecting the credit worthiness and credit ratings of the Town;
(2) To ensure that the cost burden of public
improvements in newly developed areas is placed upon those benefiting from such public
improvements;
(3) To prevent the shifting of development risk to non-
developers;
(4) To minimize the likelihood of excessive tax and fee
burdens upon Town residents and property owners located within Districts;
(5) To prevent the shifting of costs of Districts to
residents of the Town who do not live within the geographical boundaries of a District;
(6) To permit the creation of Districts where it will
enhance the value of property; and
(7) To ensure that the creation of Districts is consistent
with the Town's comprehensive plan and will add to the quality of life of citizens of the
Town.
(c) The Town Council further declares that it recognizes that
the formation of Districts requires the adoption of procedures for the orderly processing
of proposals for the organization of these Districts. The Town Council prefers that non-
residential uses be in a District which does not include residential uses, but exceptions to
such preferences to allow a mixed -use development will be considered. In particular,
0010240 1 F11,A72214- 74122117.6
2
PUBFIM741679.1
residential units that are part of an affordable housing program generally should be
excluded from Districts. Furthermore, pursuant to C.R.S. § 32- 1- 1001(1)0)(II), no
District shall impose a tap fee or connection fee for any property owned or used for
affordable housing.
18.01.03 Application of State Statute. In addition to the power,
authority, and protection set forth in this Chapter, the Town Council shall have all the
power, authority and protection granted to municipalities by Title 32 and the creation and
operation of any District shall be in conformance with Title 32; provided, however, that
where any conflicts exist between Title 32 and this Chapter, the provisions of this
Chapter shall control.
18.01.04 Filing of Proposed Service Plan.
(a) Prior to the submission of an application for a Proposed
Service Plan, the Petitioner shall request in writing a pre- submission meeting with the
Town Manager or his designee and such other Town staff or consultants as the Town
Manager deems appropriate to discuss the procedures and requirements for submission of
a Proposed Service Plan. At such meeting the Applicant shall describe the proposed
District to the Town staff and consultants. The Town staff and consultants shall explain
the administrative process and provide information to assist the Petitioner with the
orderly processing of the Proposed Service Plan.
(b) The application shall comply with the requirements of this
Chapter. The Town Manager shall have the sole discretion to determine staff availability
to conduct the review and manage the review process. The Town Manager shall set the
review time for the Proposed Service Plan based upon the availability of staff or outside
consultants. In the event the Town Manager accepts the application for staff review, the
Town Council shall be notified and an estimated processing time for staff review shall be
established and communicated to the Petitioner. In the event the application is rejected,
the Town Manager shall notify the Petitioner and Town Council. The determination of
the Town Manager shall be conclusive and binding without right of appeal. However, a
new application may be submitted by the Petitioner at a later date. In no event shall more
than two applications be filed on any proposed District.
(c) The Proposed Service Plan shall be in the form of the
Model Service Plan. The Town Manager shall have the sole discretion to determine
whether the Proposed Service Plan complies with the form and content of the Model
Service Plan. Deviations from the Model Service Plan shall be highlighted in the
Proposed Service Plan.
(d) At the time the Proposed Service Plan is filed, Petitioner
shall remit a nonrefundable application fee to the Town of Ten Thousand Dollars
($10,000.00). In addition, the Town Manager may impose any additional processing fees
as necessary to reimburse the Town for reasonable direct costs related to the Proposed
Service Plan review and hearing. In addition, Petitioner shall agree in writing to pay the
costs of outside consultants hired to assist staff with review of the Proposed Service Plan
981024A98lPUBFM722�4722117.6 _
PUBFM741679.1 - 3
and shall deposit an amount required by the Town Manager to provide assurance of the
payment of such costs.
18.01.05 Model Service Plan.
(a) The Town Manager, or his designee, shall develop a Model
Service Plan which complies with this Chapter. All Proposed Service Plans shall
substantially comply with the Model Service Plan. Existing Districts' Approved Service
Plans shall not be required to be amended to comply with the Model Service Plan
provisions. Any amendment to an Existing District's Approved Service Plan, however,
shall comply with the Model Service Plan provisions to the extent specified in Section
18.01.15. The Model Service Plan may be amended, in whole or in part, by the Town
Council from time to time.
(b) In addition to the requirements of Title 32, the Proposed
Service Plan shall include or shall otherwise provide all information required by the
Model Service Plan as well as the following:
(1) A legal description of the proposed District
boundaries as well as a map of the proposed District boundaries and a Town vicinity
map.
(2) The mill levy assessed by the District on real or
personal property within the District shall be in an amount sufficient to satisfy only debt
service and operations of the District, provided that in no event shall the mill levy exceed
fifty mills for both debt service and operating purposes. The mill levy may be adjusted
by the District to take into account legislative or constitutionally imposed adjustments in
assessed values or the method of their calculation, so that to the extent possible, the
actual revenues generated by the maximum mill levy are neither diminished nor'enhanced
as a result of such changes. Among other adjustments, a change in the ratio of actual
valuation of assessable property shall be deemed a change in the method of calculating
assessed valuation. The mill levy will terminate when the bonds are no longer
outstanding with the exception of a mill levy sufficient for operations. The District shall
not impose a Debt service mill levy for more than forty (40) years after the year of the
initial imposition of such Debt service mill levy unless: (1) a majority of the board of
directors of the District imposing the mill levy are residents of such District, and (2) such
Board has voted in favor of issuing Debt with a term which requires or contemplates the
imposition of a Debt service mill levy for a longer period of time than the limitation
contained herein.
(3) A statement that the District shall not issue any debt
in any amount that exceeds the amount of debt authorized in its Approved Service Plan.
(4) A capital plan which shall, at a minimum, contain:
(a) A description of the type of capital facilities
to be acquired or constructed by the District;
0010248 1 FINM"',4' 7 ,4722117.6 _
PUBFIM741679.1 _ 4.
(b) An estimate of the cost of the proposed
facilities;
(c) A pro forma capital expenditure plan
correlating expenditures with construction within the development over time.
(5) A financial plan which shall, at a minimum,
contain:
(a) The total amount of debt issuance planned
over the life of the District;
(b) All proposed sources of revenue and
projected District expenses, as well as the assumptions upon which they are based, for not
less than the entire term of the bond issue;
(c) The dollar amount of any anticipated
financing, including capitalized interest, costs of issuance, estimated maximum rates and
discounts, and any expenses related to the organization and initial operation of the
District;
(d) A detailed repayment plan or payment
schedule covering the life of any financing, including the frequency and amounts
expected to be collected from all sources;
(e) The amount of any reserve fund and the
expected level of annual debt service coverage which will be maintained for any
financing;
(f) The provisions regarding any credit
enhancement for the proposed financing, including but not limited to, letters of credit and
insurance; and
risks of the financing.
(g) A list and written explanation of potential
(6) Statements that the District shall not:
(a) Condemn property inside or outside the
District boundaries without prior approval by the Town Council.
(b) Include or exclude any property without
prior approval by the Town Council.
(7) Acknowledgement that any debt of the District,
issued with a pledge or which results in a pledge, that exceeds the maximum debt mill
levy and the maximum debt mill levy imposition term required by subsection (2) of this
9919R4QWUBFIN�'"' \, 44 42221LZfi
-5-
PUBFIN\741679.1
section, shall be deemed a Material Modification of a District's Approved Service Plan
and shall not be an authorized issuance of debt unless and until such Material
Modification has been approved by the Town Council as part of an amendment to the
Approved Service Plan.
(8) Identification by name, address and phone number
of those persons who the Petitioner intends to be the nominees for the initial board of
directors of the District.
(9) Proof of ownership and a list of encumbrances on
all properties within the District in a form acceptable to the Town Attorney.
(10) Limitations on the mill levy, rates, fees, charges,
development exactions and other revenues pledged to service payment of indebtedness of
the District or provisions for any credit enhancements for District debt in order to
preclude the creation of undue financial risk to the District and its residents.
(11) Requirements for dissolution of the District upon
the accomplishment of the purposes and undertakings for which the District was formed.
If the District was only created for construction of public improvements, it shall dissolve
when all outstanding debt is paid. If the District was created for providing approved
services or maintenance functions, the District may continue so long as those approved
services are provided.
(12) A description of rates, fees, charges or exactions
proposed for imposition by the District. Any changes to rates, fees, charges or exactions
shall be approved by the Town Council.
(13) Acknowledgement by the District that the Town
shall not be limited in implementing Town Council or voter approved growth limitations,
even though such actions may reduce or delay development within the District and the
realization of District revenue. If such limitations are implemented, and District
development is reduced or delayed, or District revenues are negatively impacted as a
result, such effects shall not be considered a Material Modification under Sections
18.01.13 or 18.01.14.
(14) A statement that all activities by the proposed
District will be subject to all of the Town's zoning, subdivision, building code, land use,
or other requirements of the Town's Municipal Code.
(15) Agreement that prior to the issuance of any bond
issue, a copy of an opinion of nationally recognized bond counsel acceptable to the Town
Attorney shall be delivered to the Town stating that the bond issue satisfies the
requirements of the Approved Service Plan.
(16) Agreement that the District shall use reasonable
efforts to assure that all developers of or initial builders on the property located within
such District provide written notice to all persons who purchase or lease property in the
Q01Q240WPUBFM 7'1''7221 U.6 _
PUBFM741679.1 _ 6
District from the developer or the builder, which notice discloses the maximum mill levy,
as well as a general description of the District's authority to impose and collect rates,
fees, charges or exactions. The form of notice shall be filed with the Town Manager
prior to the initial issuance of the debt of the District imposing the mill levy that is the
subject of the maximum debt mill levy. The District shall use reasonable efforts to assure
all promotional, marketing, and sales information shall display notice, to least equal in
size and font to all other pertinent information, as to the debt, taxes, rates, fees, and
exactions of the District.
(17) Agreement that the District shall dedicate all public
improvements planned for, designed, acquired, constructed, installed, relocated,
redeveloped, and financed by the District to the Town or other appropriate governmental
jurisdiction or owners association in a manner consistent with the approved development
plan and other rules and regulations of the Town and applicable provisions of the Town's
Municipal Code. The District shall describe in detail the regional infrastructure
previously recommended by Town staff which benefits the citizens of the Town outside
the boundaries of the District.
(18) Agreement that the District shall design and
construct all public improvements in accordance with the standards and specifications of
the Town or any other governmental jurisdiction having proper jurisdiction and the
District shall obtain the Town's approval of civil engineering plans and applicable
permits of the construction and installation of any public improvements prior to
performing any work thereon. Such agreement shall include the requirement that all
property acquired and public improvements installed be done in compliance with Title 32
and applicable bidding requirements.
(19) A statement that the District shall provide a copy of
the written notice of every regular or special meeting of the District to the Town Clerk at
least three (3) business days prior to such meeting. The District shall cause a copy of
such notice to be posted at Town Hall.
2Z0 A statement that the District shall provide to the
_Town Clerk a cony of any ballot issue, as defined in Article X, Section 20(2)(a) of the
Colorado Constitution, at least forty -five (45) days before the election on such ballot
issue. The District shall cause a cony of such ballot issue language to be posted at
Town Hall. Agreement that the District shall use its reasonable efforts to obtain two
summaries, as described in Article X. Section 20(3)(b)(y) of the Colorado
Constitution, one for and one against the ballot issue, to be included in the reauired
notice of election.
2�1. (24*Agreement that the District shall not apply for
or accept moneys from the Colorado Conservation Trust Fund, the Great Outdoors
Colorado Fund, or any other fund available to governmental or nonprofit entities that the
Town is eligible to apply for, except pursuant to approval by the Town Council.
0010240WPUBFI \'777_.�41221116
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IN
222 (2)- Agreement that the District shall obtain prior
written consent of the Town Council before filing a request with any court to consolidate
with any other district.
2�3 (22} Agreement that not later than August 1 of each
calendar year each District shall file an annual report with the Town Clerk. The annual
report shall reflect activity and financial events of the District for the District's preceding
fiscal year. The annual report shall include the following:
(a) A narrative summary of the progress of the
District in implementing its Approved Service Plan;
(b) Except when an exemption from audit has
been granted for the fiscal year under the Local Government Audit Law, the audited
financial statements of the District for the fiscal year including a statement of financial
condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of
operations (i.e. revenues and expenditures) for the fiscal year;
(c) Unless disclosed within a separate schedule
to the financial statements, a summary of the capital expenditures incurred by the District
in development of public facilities in the fiscal year, as well as any capital improvements
or projects proposed to be undertaken in the five (5) years following the fiscal year;
(d) Unless disclosed within a separate schedule
to the financial statements, a summary of the financial obligations of the District at the
end of the fiscal year, including the amount of outstanding indebtedness, the amount and
terms of any new District indebtedness or long -term obligations issued in the fiscal year,
the amount of payment or retirement of existing indebtedness of the District in the fiscal
year, the total assessed valuation of all taxable properties within the District as of January
I of the fiscal year, and the current mill levy of the District pledged to debt retirement in
the fiscal year;
(e) The District's budget for the calendar year
in which the annual report is submitted;
(f) A summary of residential and commercial
development which has occurred within the District for the fiscal year;
(g) A summary of all taxes, fees, charges and
assessments imposed by the District as of January 1 of the fiscal year;
(h) The name, business address and telephone
number of each member of the board of directors and its chief administrative officer and
general counsel, together with the date, place and time of the regular meetings of the
board; and
(i) A summary of any regular or special
election held during the fiscal year, together with a copy of the ballot, public records
0010240WUBFINW22447312211'7.6 -8-
PUBFM741679.1
relating_ to voter information and other election materials, and a certification that such
elections were held in conformance with all applicable laws.
The Town Council, at a regular or special public meeting, may review and
discuss the annual reports received from each District. In the event the annual report is
not timely received by the Town Clerk, notice of such default shall be given by the Town
Clerk to the board of such District at its last known address. The failure of the District to
file the annual report within thirty (30) days of the mailing of such default notice by the
Town Clerk shall empower the Town Council to impose the sanctions authorized in
Section 18.01.17. The remedies provided for non - compliance with the filing of the
annual report shall be supplementary to the remedy authorized under Section 32 -1 -209 of
Title 32.
18.01.06 Intergovernmental Agreement; Improvement
Guaranty. A District, unless an Existing District, shall not levy any taxes or issue any
debt until it enters into an intergovernmental agreement with the Town regarding the
enforcement of this Chapter and the provisions of the Model Service Plan. Such
intergovernmental agreement shall be in form and substance satisfactory to the Town
Manager and Town Attorney. The creation of a District shall not alter the obligation of
the developer of property in such District to provide the Town with improvement
guarantees or other collateral pursuant to the Town's Municipal Code.
18.01.07 Administrative Review of Plan. The Town staff shall
have up to 120 days (unless an extension of such review period is approved by the Town
Manager) from the date the Proposed Service Plan is filed; to complete an administrative
review. This time period may be extended as deemed necessary by the Town Manager
and the Petitioner shall be notified of the extension period. Once the review is complete,
an analysis of the Proposed Service Plan shall be prepared in the form of a written report
to the Town Council. The report shall set forth the recommendations of the staff for
approval, disapproval or conditional approval of the proposed service plan and the
reasons therefor.
18.01.08 Notice of Public Hearing. The Town Manager shall
schedule a public hearing at a regular Town Council meeting upon completion of the
administrative review report described in Section 18.01.07. Notice of the hearing shall be
published by the Town in an issue of the newspaper selected by the Town as the official
newspaper of publication at least 15 days but not more than 30 days prior to the
scheduled hearing date. The Petitioner shall reimburse the Town for all costs related to
such publication.
(a) Notice of the hearing shall also be mailed by the Petitioner
by first class mail, on or before the date such notice is to be published to:
(1) The owners of record of all real property within the
District as such owners of record are listed in the Proposed Service Plan as well as
adjacent properties.
0010240 1 FM7224473122117.6 -9-
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(2) The State of Colorado division of local government.
(3) The governing body of any municipality or district
which has levied an ad valorem tax within the neat preceding tax year, and which has
boundaries within a radius of three miles of the proposed District's boundaries.
following:
(b) Contents of notice. The notice of hearing shall set forth the
(1) The date, time, location and purpose of the hearing.
(2) A general description of the land contained within
the boundaries of the proposed District.
(3) Information outlining methods and procedures for
the filing of a petition for exclusion.
(4) A description of the type and purposes of the
proposed District.
(5) The maximum property tax levy to be imposed by
the proposed District and the maximum period of time such levy shall be collected.
(6) The place at which the Proposed Service Plan may
be examined.
(7) A statement that all protests and objections must be
submitted in writing to the Town Council at or prior to the hearing or any continuance or
postponement thereof in order to be considered.
(8) A statement that all protests and objections to the
District shall be deemed to be waived unless presented at the time and in the manner
specified in this Chapter.
18.01.09 Public Hearing.
(a) The hearing held pursuant to Section 18.01.08 shall be
open to the public, and summary minutes shall be made by the Town Clerk. Any
testimony or evidence which, in the discretion of the Town Council, is relevant or
material to the organization of the District shall be considered.
(b) The Town Council may postpone or continue the hearing
until a later time or date or relocate the hearing by announcing such postponement,
continuance or relocation of the hearing or by posting notice at the originally scheduled
time and place of the hearing, and no further publication or mailing of the notice shall be
necessary.
IPUBFIM72 '4747221116
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18.01.10 Action by the Town Council.
(a) Upon its review of the report presented by the Town
Manager, the Proposed Service Plan, and any evidence presented at the public hearing,
the Town Council shall have the authority to:
Proposed Service Plan, or;
(1) Approve without condition or modification the
(2) Disapprove the Proposed Service Plan, or;
(3) Conditionally approve the Proposed Service Plan
subject to the submission of additional information relating to, or the modification of, the
Proposed Service Plan or by agreement with the Petitioner of the Proposed Service Plan.
(b) The Town Council shall disapprove the Proposed Service
Plan unless evidence satisfactory to the Town Council of each of the following is
presented:
(1) There is sufficient existing and projected need for
organized service in the area to be serviced by the proposed District.
(2) The existing service in the area to be served by the
proposed District is inadequate for present and projected needs.
(3) The proposed District is capable of providing
economical and sufficient service to the area within its proposed boundaries.
(4) The area to be included in the proposed District has,
or will have, the financial ability to discharge the proposed indebtedness on a reasonable
basis.
(c) The Town Council may conditionally approve the Proposed
Service Plan upon satisfactory evidence that it does not comply with one or more criteria
enumerated in subsection (b) of this section. Final approval shall be contingent upon
modification of the Proposed Service Plan to include such changes or additional
information as shall be specifically stated in the findings of the Town Council in order to
satisfy the criteria in subsection (b) of this section. Final approval of a Proposed Service
Plan may be withheld by Town Council until such changes are made to the Proposed
Service Plan or such additional information is provided.
(d) The Town Council may exclude territory from a proposed
District prior to approval of the Proposed Service Plan. Any person owning property in
the proposed District who requests his or her property be excluded from such District
prior to the approval of the Proposed Service Plan shall file such request with the Town
Clerk not later than five days prior to the public hearing held pursuant to Section
18.01.09. However, the Town Council shall not be limited in its action with respect to
00102140WPUBFMI22447 3722117.6 -
PUBFM741679.1
exclusion of territory based upon such request. Any request for exclusion shall be acted
upon before final action of the Town Council.
(e) The fmdings of the Town Council shall be based solely
upon the Proposed Service Plan, the report presented by the Town Manager, and any.
evidence presented at the public hearing by the Petitioners, Town officials, and interested
parties.
(f) Decisions of the Town Council concerning a Proposed
Service Plan shall be in the sole discretion of the Town Council. Any waiver of the
provisions of this Chapter 18.01 in connection with a Proposed Service Plan shall not be
deemed as an amendment of this Chapter unless the Town Council adopts an ordinance
expressly amending this Chapter 18.01.
18.01.11 Written Determination by Town Council.
(a) Within 30 days. after completing the public hearing held
under this Chapter, the Town Council shall adopt a resolution regarding the Proposed
Service Plan.
(b) If the Proposed Service Plan is approved, a resolution of
approval shall be adopted.
(c) If the Proposed Service Plan is disapproved, a resolution of
disapproval shall be adopted. The resolution shall include the reasons for such
disapproval.
(d) If the Proposed Service Plan is conditionally approved, the
amendments to be made in or additional information relating to the Proposed Service
Plan, together with the reasons for such amendments or additional information, shall also
be set forth in writing, and the public hearing shall be continued until such amendments
or additional information are incorporated in the Proposed Service Plan. Upon the
satisfactory incorporation of such amendments or additional information in the Proposed
Service Plan, the Town Council shall adopt a resolution of approval.
(e) A resolution passed by the Town Council shall document
the determination of the Town Council. No action or proceeding, at law or in equity, to
review any acts or proceedings or question the validity of any determination by the Town
Council related to the Proposed Service Plan pursuant to this Chapter, whether based
upon irregularities or jurisdictional defects, shall be maintained in the district court of
Eagle County unless commenced within 30 days after the passage of the Town Council
resolution. Thereafter, any legal proceedings shall be barred. Should the court determine
that the action of the Town Council regarding the Proposed Service Plan was arbitrary,
capricious, or unreasonable the court shall remand the matter back to the Town Council
with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable
result.
89!824888\PUBFM722",L.37221116 - 12 -
PUBFM741679.1
(f) In the manner and to the extent provided in this article, the
Town Council shall maintain continuing jurisdiction over the Service Plan and shall
exercise its rights in relation thereto.
18.01.12 Compliance; modification; enforcement.
(a) Upon final approval by the district court of the organization
of the District, the Petitioner shall file written notice thereof with the Town Manager.
(b) After the creation of a District, Material Modifications to
the Approved Service Plan may be made by the board of directors of the District only by
petition to and approval by the Town Council in accordance with Section 18.01.15.
(c) Any material departures from the Approved Service Plan,
unless such has been modified with the approval of the Town Council pursuant to Section
18.01.15, shall be considered to be a violation of this Chapter, and the Town shall be
entitled to all remedies available under law, including an action to enjoin such violation
by the District.
(d) Nothing herein prohibits the Town from conducting or
requires the Town to conduct a quinquennial review pursuant to Section 32 -1- 1101.5 of
Title 32.Seegen 2—
18.01.13 Material Modification. The occurrence of any of the
following actions, events or conditions ( "Events ") after (I) approval of an Approved
Service Plan, (II) written notice from the Town of such Event is provided to the District
and (III) the District fails to correct or cure such Event within ninety (90) days from
receipt of such notice or fails to request a hearing under Section 18.01.14 (provided,
however, if the District cannot reasonably correct or cure such Event within such ninety
(90) day period but can reasonably correct or cure such Event within one hundred
eighty (180) days after receipt of the notice, the District commences its correction or
cure within such ninety (90) day period and diligently pursues the same to completion
within the one hundred eighty (180) day period), are deemed changes of a basic or
essential nature which constitute a Material Modification which shall require a service
plan amendment:
(a) Any issuance of debt or proposed issuance of debt with a
pledge or that would result in a pledge that exceeds the maximum mill levy or the
maximum mill levy imposition term.
(b) Failure to pay principal or interest of any District bonds,
notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing
issued or incurred by the District which:
(1) Persists for a period of one hundred twenty (120)
days or more;
0e1924999\PUBF1M72 — .8222117& - 13 -
PUBFM741679.1
(2) The delinquent payment(s) aggregates at least either
Fifty Thousand Dollars ($50,000.00) or ten percent (10 %) of the outstanding principal
balance of the indebtedness; and
(3) The creditors have not agreed in writing with the
District to forbear from pursuit of legal remedies.
(c) The institution of a proceeding for debt adjustment or the
confirmation of a plan for adjustment of debt under Chapter 9 of the Bankruptcy Code;
(d) The failure of the District to develop any public
improvement or other capital facility proposed in its service plan or to provide any
approved service by the time necessary to serve the approved development within the
District;
(e) Failure of the District to realize at least seventy -five
percent (75 %) of the development revenues (including developer contributions, loans or
advances) projected in the financial portion of the service plan during the three -year
period ending with the report year, where development revenue is defined as fees,
exactions and charges imposed by the District on residential and commercial
development, excluding taxes, provided that the disparity between projected and realized
revenue exceeds Fifty Thousand Dollars ($50,000.00);
(f) The development of any capital facility in excess of Ten
Thousand Dollars ($10,000.00) in cost, or the provision of any service which is not either
identified in the service plan or authorized by the Town in the course of a separate
development approval;
(g) The occurrence of any event or condition which is defined
under the service plan or intergovernmental agreement as necessitating a service plan
amendment;
(h) The default by the District under any intergovernmental
agreement with the Town;
(i) The inclusion or exclusion of any property into or from the
District's boundaries without first obtaining the consent of the Town;
0) Any of the events or conditions enumerated in Section 32-
1- 207(2) of Title 32.
Ok The imposition of any tax, rate, fee, charge, assessment
or exaction without the written consent of the Town or the issuance of any debt not
authorized by the Approved Service Plan.
18.01.14 Determination of Applicability. Should the District
dispute that one (1) or more of the Events enumerated in Section 18.01.13 has occurred, it
may request a hearing before the Town Council within ninety (90) days after written
0010240 1 FINI "'�4122117_fi
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PUBFM 741679.1
notice from the Town of such occurrence. After hearing and receipt of any relevant
information presented by the District and the recommendation of the Town Manager, the
Town Council shall make a finding as to whether such occurrence constitutes a Material
Modification. If the Town Council concludes a Material Modification has occurred, the
District shall comply with Section 18.01.15. The Town Council shall retain the
prerogative to require an amendment thereafter if the change or deviation, on a
cumulative basis, subsequently becomes material. In making its determination, the Town
Council may consider, among other relevant information, whether the modification will
have an adverse financial impact on the Town.
18.01.15 Amendment. If a Material Modification is found to have
occurred under Section 18.01.13 or Section 18.01.14, within ninety (90) days of finding
such Event has occurred, the board of directors of the District shall forward a petition to
the Town Council requesting a service plan amendment. The petition for amendment
shall include, among other relevant information:
(a) Any information or documentation required under the
applicable provisions of Title 32;
(b) An update to information, assumptions or projects
furnished in conjunction with the petition for approval of organization of a District or
contained in the Approved Service Plan, with all changes highlighted and enumerated;
(c) A detailed explanation of the activity, events or conditions
resulting in the Material Modification, including actions taken or alternatives considered,
if any, by the District to avoid the Material Modification;
(d) The projected or resulting impact of the Material
Modification on the District's ability to develop the capital facilities and infrastructure
necessary to meet its original capital development plan;
(e) The effect of the Material Modification on the District's
ability to retire as scheduled its outstanding financial obligations and its ability to issue
and market additional indebtedness to finance additional capital expenditures;
(f) An updated financial plan for the District reflecting
development absorption rates anticipated within the District's service area, projected
annual revenues and expenditures based upon such projected absorption rates, debt
issuance and amortization schedules, and a projection of anticipated capital outlays;
(g) The financial impact of the Material Modification on
existing residents of the District;
(h) An updated five -year capital improvements plan; and
(i) What alternatives or options are available to the District if
the requested amendment is not approved.
0010249891P1 FMg22447 722117.6
- 15 -
PUBFM741679.1
All of the required information shall be supported by and submitted with
appropriate technical analysis, reports and supporting documents of qualified
professionals and consultants. The amendment shall be processed and reviewed in the
same manner as prescribed for an initial service plan, except that the submittal
requirements of this section shall apply. The application fee for a modification shall be
as provided in Section 18.01.04(d) unless a reduction thereof is approved by the Town
Manager. If the District applies for an amendment under this section, the Town shall not
bring an action pursuant to Section 32- 1- 207(3)(b) of Title 32 during the processing by
the Town of such request for an amendment unless necessary to protect the interests of
the Town.
If an Existing District applies for an amendment to an Approved Service
Plan, the Model Service Plan provisions shall be considered and applied to the extent
applicable to the provisions being amended.
18.01.16 Exemption. If any District has not undertaken
development of capital facilities or issued any indebtedness, it may apply to the Town
Council for an exemption from compliance with certain portions of this Chapter and its
Approved Service Plan. The Town Council shall grant an exemption if the Board
submits a resolution to the Town Council stating that upon issuance of the exemption, the
District's authorization under the service plan and the intergovernmental agreement with
the Town to undertake development of capital facilities or issue any indebtedness is
suspended. With issuance of the exemption, the District shall be excluded from
compliance with such exempted requirement, except that the District annually, not later
than September 1, shall submit financial statements from the previous year and the
budget for the current year. Prior to any District with an exempt status undertaking
capital development or issuing any indebtedness authorized under its service plan or Title
32 other than regulatory reporting, it shall fully comply with the provisions of this
Chapter.
18.01.17 Sanctions. If a District fails to request and obtain an
amendment when required under this Chapter or otherwise fail to fully and completely
comply with this Chapter, the Town Council by resolution may impose one (1) or more
of the following sanctions, as it deems appropriate:
(a) Exercise any applicable remedy under Title 32;
(b) Withhold the issuance of any permit, authorization,
acceptance, or other administrative approval necessary for the District's development of
public facilities or construction;
(c) Exercise any legal remedy under the .terms of any
intergovernmental agreement under which the District is in default; or
(d) Exercise any other legal remedy, including seeking
injunctive relief against the District, to force compliance with the provisions of this
Chapter.
0019249991P1JBFIM722444 7 2 2 1 1 7 - 6 - 16 -
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18.01.18 Existing Districts — Election and Annual Report. Any
District currently existing within the Town shall comply with the election requirements
set forth in Section 18.01.05(b)(20) and the annual reporting requirements set forth in
Section 18.01.05(b)(22L3).
001024880\PUBFIN\q224474722117.6 - 17 -
PUBFIN\741679.1
Section 2. Effective Date. This Ordinance shall take effect thirty (30)
days after publication following final passage.
PASSED, ADOPTED, AND APPROVED this day of ,
2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
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Z
ORDINANCE NO. 07 -11
AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPECIAL
DISTRICTS WITHIN THE TOWN OF AVON
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Amendment. The Avon Municipal Code is amended by
the addition of a Title 18, "Miscellaneous," including a Chapter 18.01, "Establishment of
Special Districts," to provide as follows
18.01.01 Definitions. The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them in this section.
"Approved Service Plan" means (1) any Title 32 district service plan or
amended service plan that has been approved by a resolution adopted by the Town
Council or (2) a service plan of a District that was originally approved by a board of
county commissioners and all of the property in the District is later annexed by the Town
and jurisdiction for such service plan was accepted through the adoption of a resolution
by the Town Council.
"District" or "Districts" means one or more special district(s) which are
quasi - municipal corporation(s) and political subdivision(s) proposed, organized, or acting
pursuant to the provisions of this Chapter and Title 32. Other types of districts, such as
business improvement districts, special improvement districts, general improvement
districts, and other special or local improvement districts created pursuant to the Town
Charter are specifically excluded from this definition.
"Existing District" means a District in existence as of the effective date of
this Ordinance.
"Material Modification" means modifications to an Approved Service
Plan as described in C.R.S. 32 -1- 207(2) or in this Chapter.
"Model Service Plan" means Avon's model service plan for Title 32
Districts as approved by the Town Manager in accordance with the provisions of this
Chapter.
"Petitioner" means any person(s) or other legal entity proposing a service
plan or an amendment to an Approved Service Plan.
"Proposed Service Plan" means any Title 32 District service plan or
amended service plan filed with the Town that (i) has not yet been approved or
disapproved by resolution of the Town Council, or (ii) has been conditionally approved
PUBFM722117.6
by resolution of the Town Council subject to the inclusion of such amendments or
additional information as stated in such resolution.
"Title 32" means Title 32, Article 1, C.R.S., as the same may be amended
from time to time.
18.01.02 Legislative Declaration.
(a) The Town
appropriate circumstances Districts provi(
infrastructure within the Town. The Gene
organization of special districts pursuant
overlapping services provided by local gc
occur, because of annexation or otherwise,
lies within the boundaries of the Town.
Council recognizes that under certain
e a financing alternative for developers of
-al Assembly has adopted legislation for the
to Title 32 to facilitate the elimination of
vernments and the double taxation that may
when all of the taxable property of a District
(b) The Town Council, in furtherance of the best interests of
the Town and the preservation and protection of the health, safety, prosperity, security,
and general welfare of Town residents declares its intent:
(1) To prevent the indebtedness incurred by Districts
from adversely affecting the credit worthiness and credit ratings of the Town;
(2) To ensure that the cost burden of public
improvements in newly developed areas is placed upon those benefiting from such public
improvements;
(3) To prevent the shifting of development risk to non-
developers;
(4) To minimize the likelihood of excessive tax and fee
burdens upon Town residents and property owners located within Districts;
(5) To prevent the shifting of costs of Districts to
residents of the Town who do not live within the geographical boundaries of a District;
(6) To permit the creation of Districts where it will
enhance the value of property; and
(7) To ensure that the creation of Districts is consistent
with the Town's comprehensive plan and will add to the quality of life of citizens of the
Town.
(c) The Town Council further declares that it recognizes that
the formation of Districts requires the adoption of procedures for the orderly processing
of proposals for the organization of these Districts. The Town Council prefers that non-
residential uses be in a District which does not include residential uses, but exceptions to
such preferences to allow a mixed -use development will be considered. In particular,
PU13FM722117.6 - 2 -
residential units that are part of an affordable housing program generally should be
excluded from Districts. Furthermore, pursuant to C.R.S. § 32- 1- 1001(1)0)(II), no
District shall impose a tap fee or connection fee for any property owned or used for
affordable housing.
18.01.03 Application of State Statute. In addition to the power,
authority, and protection set forth in this Chapter, the Town Council shall have all the
power, authority and protection granted to municipalities by Title 32 and the creation and
operation of any District shall be in conformance with Title 32; provided, however, that
where any conflicts exist between Title 32 and this Chapter, the provisions of this
Chapter shall control.
18.01.04 Filing of Proposed Service Plan.
(a) Prior to the submission of an application for a Proposed
Service Plan, the Petitioner shall request in writing a pre- submission meeting with the
Town Manager or his designee and such other Town staff or consultants as the Town
Manager deems appropriate to discuss the procedures and requirements for submission of
a Proposed Service Plan. At such meeting the Applicant shall describe the proposed
District to the Town staff and consultants. The Town staff and consultants shall explain
the administrative process and provide information to assist the Petitioner with the
orderly processing of the Proposed Service Plan.
(b) The application shall comply with the requirements of this
Chapter. The Town Manager shall have the sole discretion to determine staff availability
to conduct the review and manage the review process. The Town Manager shall set the
review time for the Proposed Service Plan based upon the availability of staff or outside
consultants. In the event the Town Manager accepts the application for staff review, the
Town Council shall be notified and an estimated processing time for staff review shall be
established and communicated to the Petitioner. In the event the application is rejected,
the Town Manager shall notify the Petitioner and Town Council. The determination of
the Town Manager shall be conclusive and binding without right of appeal. However, a
new application may be submitted by the Petitioner at a later date. In no event shall more
than two applications be filed on any proposed District.
(c) The Proposed Service Plan shall be in the form of the
Model Service Plan. The Town Manager shall have the sole discretion to determine
whether the Proposed Service Plan complies with the form and content of the Model
Service Plan. Deviations from the Model Service Plan shall be highlighted in the
Proposed Service Plan.
(d) At the time the Proposed Service Plan is filed, Petitioner
shall remit a nonrefundable application fee to the Town of Ten Thousand Dollars
($10,000.00). In addition, the Town Manager may impose any additional processing fees
as necessary to reimburse the Town for reasonable direct costs related to the Proposed
Service Plan review and hearing. In addition, Petitioner shall agree in writing to pay the
costs of outside consultants hired to assist staff with review of the Proposed Service Plan
PUBFIN\722117.6 , -3 -
and shall deposit an amount required by the Town Manager to provide assurance of the
payment of such costs.
18.01.05 Model Service Plan.
(a) The Town Manager, or his designee, shall develop a Model
Service Plan which complies with this Chapter. All Proposed Service Plans shall
substantially comply with the Model Service Plan. Existing Districts' Approved Service
Plans shall not be required to be amended to comply with the Model Service Plan
provisions. Any amendment to an Existing District's Approved Service Plan, however,
shall comply with the Model Service Plan provisions to the extent specified in
Section 18.01.15. The Model Service Plan may be amended, in whole or in part, by the
Town Council from time to time.-
(b) In addition to the requirements of Title 32, the Proposed
Service Plan shall include or shall otherwise provide all information required by the
Model Service Plan as well as the following:
(1) A legal description of the proposed District
boundaries as well as a map of the proposed District boundaries and a Town vicinity
map.
(2) The mill levy assessed by the District on real or
personal property within the District shall be in an amount sufficient to satisfy only debt
service and operations of the District, provided that in no event shall the mill levy exceed
fifty mills for both debt service and operating purposes. The mill levy may be adjusted
by the District to take into account legislative or constitutionally imposed adjustments in
assessed values or the method of their calculation, so that to the extent possible, the
actual revenues generated by the maximum mill levy are neither diminished nor enhanced
as a result of such changes. Among other adjustments, a change in the ratio of actual
valuation of assessable property shall be deemed a change in the method of calculating
assessed valuation. The mill levy will terminate when the bonds are no longer
outstanding with the exception of a mill levy sufficient for operations. The District shall
not impose a Debt service mill levy for more than forty (40) years after the year of the
initial imposition of such Debt service mill levy unless: (1) a majority of the board of
directors of the District imposing the mill levy are residents of such District, and (2) such
Board has voted in favor of issuing Debt with a term which requires or contemplates the
imposition of a Debt service mill levy for a longer period of time than the limitation
contained herein.
(3) A statement that the District shall not issue any debt
in any amount that exceeds the amount of debt authorized in its Approved Service Plan.
(4) A capital plan which shall, at a minimum, contain:
(a) A description of the type of capital facilities
to be acquired or constructed by the District;
PU13FM722117.6 -4-
(b) An estimate of the cost of the proposed
facilities;
(c) A pro forma capital expenditure plan
correlating expenditures with construction within the development over time.
(5) A financial plan which shall, at a minimum,
contain:
(a) The total amount of debt issuance planned
over the life of the District;
(b) All proposed sources of revenue and
projected District expenses, as well as the assumptions upon which they are based, for not
less than the entire term of the bond issue;
(c) The dollar amount of any anticipated
financing, including capitalized interest, costs of issuance, estimated maximum rates and
discounts, and any expenses related to the organization and initial operation of the
District;
(d) A detailed repayment plan or payment
schedule covering the life of any financing, including the frequency and amounts
expected to be collected from all sources;
(e) The amount of any reserve fund and the
expected level of annual debt service coverage which will be maintained for any
financing;
(f) The provisions regarding any credit
enhancement for the proposed financing, including but not limited to, letters of credit and
insurance; and
risks of the financing.
(g) A list and written explanation of potential
(6) Statements that the District shall not:
(a) Condemn property inside or outside the
District boundaries without prior approval by the Town Council.
(b) Include or exclude any property without
prior approval by the Town Council.
(7) Acknowledgement that any debt of the District,
issued with a pledge or which results in a pledge, that exceeds the maximum debt mill
levy and the maximum debt mill levy imposition term required by subsection (2) of this
PUBFIN\722117.6 -5-
section, shall be deemed a Material Modification of a District's Approved Service Plan
and shall not be an authorized issuance of debt unless and until such Material
Modification has been approved by the Town Council as part of an amendment to the
Approved Service Plan.
(8) Identification by name, address and phone number
of those persons who the Petitioner intends to be the nominees for the initial board of
directors of the District.
(9) Proof of ownership and a list of encumbrances on
all properties within the District in a form acceptable to the Town Attorney.
(10) Limitations on the mill levy, rates, fees, charges,
development exactions and other revenues pledged to service payment of indebtedness of
the District or provisions for any credit enhancements for District debt in order to
preclude the creation of undue financial risk to the District and its residents.
(11) Requirements for dissolution of the District upon
the accomplishment of the purposes and undertakings for which the District was formed.
If the District was only created for construction of public improvements, it shall dissolve
when all outstanding debt is paid. If the District was created for providing approved
services or maintenance functions, the District may continue so long as those approved
services are provided.
(12) A description of rates, fees, charges or exactions
proposed for imposition by the District. Any changes to rates, fees, charges or exactions
shall be approved by the Town Council.
(13) Acknowledgement by the District that the Town
shall not be limited in implementing Town Council or voter approved growth limitations,
even though such actions may reduce or delay development within the District and the
realization of District revenue. If such limitations are implemented, and District
development is reduced or delayed, or District revenues are negatively impacted as a
result, such effects shall not be considered a Material Modification under
Sections 18.01.13 or 18.01.14.
(14) A statement that all activities by the proposed
District will be subject to all of the Town's zoning, subdivision, building code, land use,
or other requirements of the Town's Municipal Code.
(15) Agreement that prior to the issuance of any bond
issue, a copy of an opinion of nationally recognized bond counsel acceptable to the Town
Attorney shall be delivered to the Town stating that the bond issue satisfies the
requirements of the Approved Service Plan.
(16) Agreement that the District shall use reasonable
efforts to assure that all developers of or initial builders on the property located within
such District provide written notice to all persons who purchase or lease property in the
PUBMW22117.6 -6-
District from the developer or the builder, which notice discloses the maximum mill levy,
as well as a general description of the District's authority to impose and collect rates,
fees, charges or exactions. The form of notice shall be filed with the Town Manager
prior to the initial issuance of the debt of the District imposing the mill levy that is the
subject of the maximum debt mill levy. The District shall use reasonable efforts to assure
all promotional, marketing, and sales information shall display notice, at least equal in
size and font to all other pertinent information, as to the debt, taxes, rates, fees, and
exactions of the District.
(17) Agreement that the District shall dedicate all public
improvements planned for, designed, acquired, constructed, installed, relocated,
redeveloped, and financed by the District to the Town or other appropriate governmental
jurisdiction or owners association in a manner consistent with the approved development
plan and other rules and regulations of the Town and applicable provisions of the Town's
Municipal Code. The District shall describe in detail the regional infrastructure
previously recommended by Town staff which benefits the citizens of the Town outside
the boundaries of the District.
(18) Agreement that the District shall design and
construct all public improvements in accordance with the standards and specifications of
the Town or any other governmental jurisdiction having proper jurisdiction and the
District shall obtain the Town's approval of civil engineering plans and applicable
permits of the construction and installation of any public improvements prior to
performing any work thereon. Such agreement shall include the requirement that all
property acquired and public improvements installed be done in compliance with Title 32
and applicable bidding requirements.
(19) A statement that the District shall provide a copy of
the written notice of every regular or special meeting of the District to the Town Clerk at
least three (3) business days prior to such meeting. The District shall cause a copy of
such notice to be posted at Town Hall.
(20) A statement that the District shall provide to the
Town Clerk a copy of any ballot issue, as defined in Article X, Section 20(2)(a) of the
Colorado Constitution, at least forty -five (45) days before the election on such ballot
issue. The District shall cause a copy of such ballot issue language to be posted at Town
Hall. Agreement that the District shall use its reasonable efforts to obtain two
summaries, as described in Article X, Section 20(3)(b)(v) of the Colorado Constitution,
one for and one against the ballot issue, to be included in the required notice of election.
(21) Agreement that the District shall not apply for or
accept moneys from the Colorado Conservation Trust Fund, the Great Outdoors Colorado
Fund, or any other fund available to governmental or nonprofit entities that the Town is
eligible to apply for, except pursuant to approval by the Town Council.
PU13FIM722117.6 -7-
(22) Agreement that the District shall obtain prior
written consent of the Town Council before filing a request with any court to consolidate
with any other district.
(23) Agreement that not later than August 1 of each
calendar year each District shall file an annual report with the Town Clerk. The annual
report shall reflect activity and financial events of the District for the District's preceding
fiscal year. The annual report shall include the following:
(a) A narrative summary of the progress of the
District in implementing its Approved Service Plan;
(b) Except when an exemption from audit has
been granted for the fiscal year under the Local Government. Audit Law, the audited
financial statements of the District for the fiscal year including a statement of financial
condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of
operations (i.e. revenues and expenditures) for the fiscal year;
(c) Unless disclosed within a separate schedule
to the financial statements, a summary of the capital expenditures incurred by the District
in development of public facilities in the fiscal year, as well as any capital improvements
or projects proposed to be undertaken in the five (5) years following the fiscal year;
(d) Unless disclosed within a separate schedule
to the financial statements, a summary of the financial obligations of the District at the
end of the fiscal year, including the amount of outstanding indebtedness, the amount and
terms of any new District indebtedness or long -term obligations issued in the fiscal year,
the amount of payment or retirement of existing indebtedness of the District in the fiscal
year, the total assessed valuation of all taxable properties within the District as of January
1 of the fiscal year, and the current mill levy of the District pledged to debt retirement in
the fiscal year;
(e) The District's budget for the calendar year
in which the annual report is submitted;
(f) A summary of residential and commercial
development which has occurred within the District for the fiscal year;
(g) A summary of all taxes, fees, charges and
assessments imposed by the District as of January 1 of the fiscal year;
(h) The name, business address and telephone
number of each member of the board of directors and its chief administrative officer and
general counsel, together with the date, place and time of the regular meetings of the
board; and
(i) A summary of any regular or special
election held during the fiscal year, together with a copy of the ballot, public records
PU13FM722117.6 - g -
relating to voter information, and other election materials, and a certification that such
elections were held in conformance with all applicable laws.
The Town Council, at a regular or special public meeting, may review and
discuss the annual reports received from each District. In the event the annual report is
not timely received by the Town Clerk, notice of such default shall be given by the Town
Clerk to the board of such District at its last known address. The failure of the District to
file the annual report within thirty (30) days of the mailing of such default notice by the
Town Clerk shall empower the Town Council to impose the sanctions authorized in
Section 18.01.17. The remedies provided for non - compliance with the filing of the
annual report shall be supplementary to the remedy authorized under Section 32 -1 -209 of
Title 32.
18.01.06 Intergovernmental Agreement; Improvement
Guaranty. A District, unless an Existing District, shall not levy any taxes or issue any
debt until it enters into an intergovernmental agreement with the Town regarding the
enforcement of this Chapter and the provisions of the Model Service Plan. Such
intergovernmental agreement shall be in form and substance satisfactory to the Town
Manager and Town Attorney. The creation of a District shall not alter the obligation of
the developer of property in such District to provide the Town with improvement
guarantees or other collateral pursuant to the Town's Municipal Code.
18.01.07 Administrative Review of Plan. The Town staff shall
have up to 120 days (unless an extension of such review period is approved by the Town
Manager) from the date the Proposed Service Plan is filed, to complete an administrative
review. This time period may be extended as deemed necessary by the Town Manager
and the Petitioner shall be notified of the extension period. Once the review is complete,
an analysis of the Proposed Service Plan shall be prepared in the form of a written report
to the Town Council. The report shall set forth the recommendations of the staff for
approval, disapproval or conditional approval of the proposed service plan and the
reasons therefor.
18.01.08 Notice of Public Hearing. The Town Manager shall
schedule a public hearing at a regular Town Council meeting upon completion of the
administrative review report described in Section 18.01.07. Notice of the hearing shall be
published by the Town in an issue of the newspaper selected by the Town as the official
newspaper of publication at least 15 days but not more than 30 days prior to the
scheduled hearing date. The Petitioner shall reimburse the Town for all costs related to
such publication.
(a) Notice of the hearing shall also be mailed by the Petitioner
by first class mail, on or before the date such notice is to be published to:
(1) The owners of record of all real property within the
District as such owners of record are listed in the Proposed Service Plan as well as
adjacent properties.
PU13FM722117.6 - 9 -
(2) The State of Colorado division of local government.
(3) The governing body of any municipality or district
which has levied an ad valorem tax within the next preceding tax year, and which has
boundaries within a radius of three miles of the proposed District's boundaries.
following:
(b) Contents of notice. The notice of hearing shall set forth the
(1) The date, time, location and purpose of the hearing.
(2) A general description of the land contained within
the boundaries of the proposed District.
(3) Information outlining methods and procedures for
the filing of a petition for exclusion.
(4) A description of the type and purposes of the
proposed District.
(5) The maximum property tax levy to be imposed by
the proposed District and the maximum period of time such levy shall be collected.
(6) The place at which the Proposed Service Plan may
be examined.
(7) A statement that all protests and objections must be
submitted in writing to the Town Council at or prior to the hearing or any continuance or
postponement thereof in order to be considered.
(8) A statement that all protests and objections to the
District shall be deemed to be waived unless presented at the time and in the manner
specified in this Chapter.
18.01.09 Public Hearing.
(a) The hearing held pursuant to Section 18.01.08 shall be
open to the public, and summary minutes shall be made by the Town Clerk. Any
testimony or evidence which, in the discretion of the Town Council, is relevant or
material to the organization of the District shall be considered.
(b) The Town Council may postpone or continue the hearing
until a later time or date or relocate the hearing by announcing such postponement,
continuance or relocation of the hearing or by posting notice at the originally scheduled
time and place of the hearing, and no further publication or mailing of the notice shall be
necessary.
PU13FM722117.6 -10-
18.01.10 Action by the Town Council.
(a) Upon its review of the report presented by the Town
Manager, the Proposed Service Plan, and any evidence presented at the public hearing,
the Town Council shall have the authority to:
Proposed Service Plan, or;
(1) Approve without condition or modification the
(2) Disapprove the Proposed Service Plan, or;
(3) Conditionally approve the Proposed Service Plan
subject to the submission of additional information relating to, or the modification of, the
Proposed Service Plan or by agreement with the Petitioner of the Proposed Service Plan.
(b) The Town Council shall disapprove the Proposed Service
Plan unless evidence satisfactory to the Town Council of each of the following is
presented:
(1) There is sufficient existing and projected need for
organized service in the area to be serviced by the proposed District.
(2) The existing service in the area to be served by the
proposed District is inadequate for present and projected needs.
(3) The proposed District is capable of providing
economical and sufficient service to the area within its proposed boundaries.
(4) The area to be included in the proposed District has,
or will have, the financial ability to discharge the proposed indebtedness on a reasonable
basis.
(c) The Town Council may conditionally approve the Proposed
Service Plan upon satisfactory evidence that it does not comply with one or more criteria
enumerated in subsection (b) of this section. Final approval shall be contingent upon
modification of the Proposed Service Plan to include such changes or additional
information as shall be specifically stated in the findings of the Town Council in order to
satisfy the criteria in subsection (b) of this section. Final approval of a Proposed Service
Plan may be withheld by Town Council until such changes are made to the Proposed
Service Plan or such additional information is provided.
(d) The Town Council may exclude territory from a proposed
District prior to approval of the Proposed Service Plan. Any person owning property in
the proposed District who requests his or her property be excluded from such District
prior to the approval of the Proposed Service Plan shall file such request with the Town
Clerk not later than five days prior to the public hearing held pursuant to
Section 18.01.09. However, the Town Council shall not be limited in its action with
PUBFW722117.6 - 11 -
respect to exclusion of territory based upon such request. Any request for exclusion shall
be acted upon before final action of the Town Council.
(e) The findings of the Town Council shall be based solely
upon the Proposed Service Plan, the report presented by the Town Manager, and any
evidence presented at the public hearing by the Petitioners, Town officials, and interested
parties.
(f) Decisions of the Town Council concerning a Proposed
Service Plan shall be in the sole discretion of the Town Council. Any waiver of the
provisions of this Chapter 18.01 in connection with a Proposed Service Plan shall not be
deemed as an amendment of this Chapter unless the Town Council adopts an ordinance
expressly amending this Chapter 18.01.
18.01.11 Written Determination by Town Council.
(a) Within 30 days after completing the public hearing held
under this Chapter, the Town Council shall adopt a resolution regarding the Proposed
Service Plan.
(b) If the Proposed Service Plan is approved, a resolution of
approval shall be adopted.
(c) If the Proposed Service Plan is disapproved, a resolution of
disapproval shall be adopted. The resolution shall include the reasons for such
disapproval.
(d) If the Proposed Service Plan is conditionally approved, the
amendments to be made in or additional information relating to the Proposed Service
Plan, together with the reasons for such amendments or additional information, shall also
be set forth in writing, and the public hearing shall be continued until such amendments
or additional information are incorporated in the Proposed Service Plan. Upon the
satisfactory incorporation of such amendments or additional information in the Proposed
Service Plan, the Town Council shall adopt a resolution of approval.
(e) A resolution passed by the Town Council shall document
the determination of the Town Council. No action or proceeding, at law or in equity, to
review any acts or proceedings or question the validity of any determination by the Town
Council related to the Proposed Service Plan pursuant to this Chapter, whether based
upon irregularities or jurisdictional defects, shall be maintained in the district court of
Eagle County unless commenced within 30 days after the passage of the Town Council
resolution. Thereafter, any legal proceedings shall be barred. Should the court determine
that the action of the Town Council regarding the Proposed Service Plan was arbitrary,
capricious, or unreasonable the court shall remand the matter back to the Town Council
with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable
result.
PUBFM722117.6 -12-
(f) In the manner and to the extent provided in this article, the
Town Council shall maintain continuing jurisdiction over the Service Plan and shall
exercise its rights in relation thereto.
18.01.12 Compliance; modification; enforcement.
(a) Upon final approval by the district court of the organization
of the District, the Petitioner shall file written notice thereof with the Town Manager.
(b) After the creation of a District, Material Modifications to
the Approved Service Plan may be made by the board of directors of the District only by
petition to and approval by the Town Council in accordance with Section 18.01.15. .
(c) Any material departures from the Approved Service Plan,
unless such has been modified with the approval of the Town Council pursuant to
Section 18.01.15, shall be considered to be a violation of this Chapter, and the Town shall
be entitled to all remedies available under law, including an action to enjoin such
violation by the District.
(d) Nothing herein prohibits the Town from conducting or
requires the Town to conduct a quinquennial review pursuant to Section 32 -1- 1101.5 of
Title 32.
18.01.13 Material Modification. The occurrence of any of the
following actions, events or conditions ( "Events ") after (I) approval of an Approved
Service Plan, (II) written notice from the Town of such Event is provided to the District
and (III) the District fails to correct or cure such Event within ninety (90) days from
receipt of such notice or fails to request a hearing under Section 18.01.14 (provided,
however, if the District cannot reasonably correct or cure such Event within such ninety
(90) day period but can reasonably correct or cure such Event within one hundred eighty
(180) days after receipt of the notice, the District commences its correction or cure within
such ninety (90) day period and diligently pursues the same to completion within the one
hundred eighty (180) day period), are deemed changes of a basic or essential nature
which constitute a Material Modification which shall require a service plan amendment:
(a) Any issuance of debt or proposed issuance of debt with a
pledge or that would result in a pledge that exceeds the maximum mill levy or the
maximum mill levy imposition term.
(b) Failure to pay principal or interest of any District bonds,
notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing
issued or incurred by the District which:
(1) Persists for a period of one hundred twenty (120)
days or more;
PUBFIM722117.6 -13-
(2) The delinquent payment(s) aggregates at least either
Fifty Thousand Dollars ($50,000.00) or ten percent (10 %) of the outstanding principal.
balance of the indebtedness; and
(3) The creditors have not agreed in writing with the
District to forbear from pursuit of legal remedies.
(c) The institution of a proceeding for debt adjustment or the
confirmation of a plan for adjustment of debt under Chapter 4 of the Bankruptcy Code;
(d) The failure of the District to develop any public
improvement or other capital facility proposed in its service plan or to provide any
approved service by the time necessary to serve the approved development within the
District;
(e) Failure of the District to realize at least seventy -five
percent (75 %) of the development revenues (including developer contributions, loans or
advances) projected in the financial portion of the service plan during the three -year
period ending with the report year, where development revenue is defined as fees,
exactions and charges imposed by the District on residential and commercial
development, excluding taxes, provided that the disparity between projected and realized
revenue exceeds Fifty Thousand Dollars ($50,000.00);
(f) The development of any capital facility in excess of Ten
Thousand Dollars ($10,000.00) in cost, or the provision of any service which is not either
identified in the service plan or authorized by the Town in the course of a separate
development approval;
(g) The occurrence of any event or condition which is defined
under the service plan or intergovernmental agreement as necessitating a service plan
amendment;
(h) The default by the District under any intergovernmental
agreement with the Town;
(i) The inclusion or exclusion of any property into or from the
District's boundaries without first obtaining the consent of the Town;
0) Any of the events or conditions enumerated in Section 32-
1- 207(2) of Title 32.
(k) The imposition of any tax, rate, fee, charge, assessment or
exaction without the written consent of the Town or the issuance of any debt not
authorized by the Approved Service Plan.
18.01.14 Determination of Applicability. Should the District
dispute that one (1) or more of the Events enumerated in Section 18.01.13 has occurred, it
may request a hearing before the Town Council within ninety (90) days after written
PU13FM722117.6 -14-
notice from the Town of such occurrence. After hearing and receipt of any relevant
information presented by the District and the recommendation of the Town Manager, the
Town Council shall make a finding as to whether such occurrence constitutes a Material
Modification. If the Town Council concludes a Material Modification has occurred, the
District shall comply with Section 18.01.15. The Town Council shall retain the
prerogative to require an amendment thereafter if the change or deviation, on a
cumulative basis, subsequently becomes material. In making its determination, the Town
Council may consider, among other relevant information, whether the modification will
have an adverse financial impact on the Town.
18.01.15 Amendment. If a Material Modification is found to have
occurred under Section 18.01.13 or Section 18.01.14, within ninety (90) days of finding
such Event has occurred, the board of directors of the District shall forward a petition to
the Town Council requesting a service plan amendment. The petition for amendment
shall include, among other relevant information:
(a) Any information or documentation required under the
applicable provisions of Title 32;
(b) An update to information, assumptions or projects
furnished in conjunction with the petition for approval of organization of a District or
contained in the Approved Service Plan, with all changes highlighted and enumerated;
(c) A detailed explanation of the activity, events or conditions
resulting in the Material Modification, including actions taken or alternatives considered,
if any, by the District to avoid the Material Modification;
(d) The projected or resulting impact of the Material
Modification on the District's ability to develop the capital facilities and infrastructure
necessary to meet its original capital development plan;
(e) The effect of the Material Modification on the District's
ability to retire as scheduled its outstanding financial obligations and its ability to issue
and market additional indebtedness to finance additional capital expenditures;
(f) An updated financial plan for the District reflecting
development absorption rates anticipated within the District's service area, projected
annual revenues and expenditures based upon such projected absorption rates, debt
issuance and amortization schedules, and a projection of anticipated capital outlays;
(g) The financial impact of the Material Modification on
existing residents of the District;
(h) An updated five -year capital improvements plan; and
(i) What alternatives or options are available to the District if
the requested amendment is not approved.
PU13FIM722117.6 -15-
All of the required information shall be supported by and submitted with
appropriate technical analysis, reports and supporting documents of qualified
professionals and consultants. The amendment shall be processed and reviewed in the
same manner as prescribed for an initial service plan, except that the submittal
requirements of this section shall apply. The application fee for a modification shall be
as provided in Section 18.01.04(d) unless a reduction thereof is approved by the Town
Manager. If the District applies for an amendment under this section, the Town shall not
bring an action pursuant to Section 32- 1- 207(3)(b) of Title 32 during the processing by
the Town of such request for an amendment unless necessary to protect the interests of
the Town.
If an Existing District applies for an amendment to an Approved Service Plan, the
Model Service Plan provisions shall be considered and applied to the extent applicable to
the provisions being amended.
18.01.16 Exemption. If any District has not undertaken
development of capital facilities or issued any indebtedness, it may apply to the Town
Council for an exemption from compliance with certain portions of this Chapter and its
Approved Service Plan. The Town Council shall grant an exemption if the Board
submits a resolution to the Town Council stating that upon issuance of the exemption, the
District's authorization under the service plan and the intergovernmental agreement with
the Town to undertake development of capital facilities or issue any indebtedness is
suspended. With issuance of the exemption, the District shall be excluded from
compliance with such exempted requirement, except that the District annually, not later
than September 1, shall submit financial statements from the previous year and the
budget for the current year. Prior to any District with an exempt status undertaking
capital development or issuing any indebtedness authorized under its service plan or
Title 32 other than regulatory reporting, it shall fully comply with the provisions of this
Chapter.
18.01.17 Sanctions. If a District fails to request and obtain an
amendment when required under this Chapter or otherwise fail to fully and completely
comply with this Chapter, the Town Council by resolution may impose one (1) or more
of the following sanctions, as it deems appropriate:
(a) Exercise any applicable remedy under Title 32;
(b) Withhold the issuance of any permit, authorization,
acceptance, or other administrative approval necessary for the District's development of
public facilities or construction;
(c) Exercise any legal remedy under the terms of any
intergovernmental agreement under which the District is in default; or
(d) Exercise any other legal remedy, including seeking
injunctive relief against the District, to force compliance with the provisions of this
Chapter.
PU13FM722117.6 -16-
18.01.18 Existing Districts — Election and Annual Report. Any
District currently existing within the Town shall comply with the election requirements
set forth in Section 18.01.05(b)(20) and the annual reporting requirements set forth in
Section 18.01.05(b)(23).
Section 2. Effective Date. This Ordinance shall take effect thirty (30)
days after publication following final passage.
PASSED, ADOPTED, AND APPROVED this day of ,
2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
PU13FIN\722117.6 -17-
MEMORANDUM
TO: Town Council
FROM: Town Attorney
RE: Ordinance Relating to Establishment
of Special Districts
DATE: November 13, 2007
At the Council meeting on October 23, second reading of Ordinance No. 07-
11 was tabled until November 13 at the request of Darlene Sisneros, the attorney for Traer
Creek Metropolitan District. Ordinance No. 07 -11 is an ordinance which will establish
regulations governing existing and new "Title 32" special districts (so called because the
type of district to be governed by the ordinance is formed pursuant to Title 32 of the
Colorado Revised Statutes, including metropolitan districts, water and sanitation districts,
fire districts and recreation districts). Local improvement districts, general improvement
districts and other types of improvement districts are not included.
Also tabled at last meeting and again on the agenda is a resolution approving
the form of a model service plan.
Both the ordinance and the model service plan were drafted by Randy Funk
of Sherman & Howard, LLC, the Town's special district counsel. The Town Attorney and
Randy Funk met with the attorneys for Traer Creek Metro District on November 1 to
consider changes proposed by them to both documents. Many of the requested changes
were editorial in nature and were not incorporated for the most part. Other requested
changes were substantive and valid and were incorporated. Included in the Council
notebook are copies of both documents with the changes tracked. Finally, some requested
changes were substantive but not incorporated, usually because they were similar to
changes previously requested by others but rejected.
An explanation of the incorporated changes in the ordinance follows:
❑ Changes to 18.01.01, 05(a) and the last paragraph of 15 are intended to
clarify the relationship of the model service plan requirement to existing
districts. In essence, the requirement applies only to amendments to
service plans and then only to the extent of the amendment.
❑ Changes to 18.01.03 and 04 are editorial in nature but are believed to
clarify and improve the ordinance.
❑ The change to 18.01.05(b)(2) more precisely describes how changes in
the residential assessment ratio and other state mandated changes are to
be addressed. In essence, the goal is to assure that revenues actually
001024000 \PUBFIN \732747.4
generated remain the same. The second change in that paragraph is
editorial but makes the language more precise.
❑ The change to 18.01.05(b)(13) clarifies that the impacts of growth
limitations shall not - constitute a Material Modification of the service
plan.
❑ The change to 18.01.05(b)(16) is editorial but does clarify that section.
❑ There are also changes to 18.01.06 which are editorial but which do
improve the flow of the language.
❑ The addition of 18.01.05(b)(22)(i) was added to better assure the District
complies with applicable laws in the conduct of its elections.
❑ The change to 18.01.07 represents a compromise. Both Darlene Sisneros
and Bill Ankele objected to allowing staff a period of 180 days to review
a draft service plan, Darlene proposing 90 days. A compromise of 120
days was agreeable to her and to staff.
❑ The change to 18.01.08(a) was made so as not to require that mailed
notice take place on the exact same day notice is published.
❑ The change to 18.01.09 clarifies that the procedures for public hearing
are set forth in the ordinance and not in the notice.
❑ The change to 18.01.10(d) was agreed to because the deleted language
was confusing and unnecessary.
The changes to the remainder of the ordinance in general are a redrafting of
the procedure for enforcement of compliance with service plans. In summary, they 1)
establish what constitutes a Material Modification, 2) set forth the procedure for
determination whether a Material Modification has occurred after public hearing and 3)
make the requirement that, if a Material Modification has occurred, the service plan must be
amended and set forth the Town's remedies if it is not. It is believed that these changes
substantially improve the enforcement provisions of the ordinance. An explanation of the
other changes to that part of the ordinance follows:
❑ Throughout the ordinance, "Special District Act" has been changed to
"Title 32" so that the reference to the Act is consistent.
❑ 18.01.13(i) has been changed to be consistent with the requirement of the
model service plan that any inclusion or exclusion requires Council
consent.
❑ Changes to 18.01.15(b), (c), (d), (f) and (g) and the next -to- the -last
paragraph of the section are editorial but do make the language more
precise. Also, the last paragraph of the section addresses amendments of
existing service plans.
❑ The changes to 18.01.17 are editorial but a grammatical improvement.
Changes to the model service plan largely track the changes to the ordinance.
The explanation of other changes follows:
❑ Changes to III were deemed appropriate. Initial thought had been given
to a three dimensional approach of excluding individual affordable
2
001024000 \PUSFIN\732747.4
housing condominium units from the district. However, that likely is
unworkable since the district is usually formed before construction.
❑ Throughout the plan references are consistently to the Special District
Act. Also, references to the ordinance have been changed to references
to the municipal code.
❑ Changes to V.A.3. are editorial and clarifying.
❑ In XIII, we inserted 5 years so that a standard is clear.
Finally, changes to the ordinance to cause it to fit into the Town's municipal
code have been indicated.
Conclusion.
Staff recommends that the ordinance, as revised, be adopted on second
reading and that the resolution approving the form of the model service plan, as revised,
also be adopted.
Jwd:ipse
00 1 024000\PUBFIN\732747.4
ORDINANCE NO. 07 -11
AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPECIAL
DISTRICTS WITHIN THE TOWN OF AVON
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Amendment. The Avon Municipal Code is amended by
the addition of a Title 18, "Miscellaneous," including a Chapter 18.01, "Establishment of
Special Districts," to provide as follows
18.01.01 Definitions. The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them in this section.
"Approved Service Plan" means (1) any Title 32 district service plan or
amended service plan that has been approved by a resolution adopted by the Town
Council or (2) a service plan of a District that was originally approved by a board of
county commissioners and all of the property in the District is later annexed by the Town
and jurisdiction for such service plan was accepted through the adoption of a resolution
by the Town Council.
"District" or "Districts" means one or more special district(s) which are
quasi - municipal corporation(s) and political subdivision(s) proposed, organized, or acting
pursuant to the provisions of this Chapter and Title .32, whetheF now existing or- ereamte
tart- he- fatwr-- x.:32. Other types of districts, such as business improvement districts, special
improvement districts, general improvement districts, and other special or local
improvement districts created pursuant to the Town Charter are specifically excluded
from this definition.
"Existing District" means a District in existence as of the effective
date of this Ordinance.
"Material Modification" means modifications to an Approved Service
Plan as described in C.R.S. 32 -1- 207(2) or in this Chapter.
"Model Service Plan" means Avon's model service plan for Title 32
Districts as approved by the Town Manager in accordance with the provisions of this
Chapter.
"Petitioner" means any person(s) or other legal entity proposing a service
plan or an amendment to an Approved Service Plan.
"Proposed Service Plan" means any Title 32 District service plan or
amended service plan filed with the Town that (i) has not yet been approved or
disapproved by resolution of the Town Council, or (ii) has been conditionally approved
001024000TUBFIN \72''x' 7.'722117.5
by resolution of the Town Council subject to the inclusion of such amendments or
additional information as stated in such resolution.
"Title 32" means Title 32, Article 1, C.R.S., as the same may be amended
from time to time.
18.01.02 Legislative Declaration.
(a) The Town Council recognizes that under certain
appropriate circumstances Districts provide a financing alternative for developers of
infrastructure within the Town. The General Assembly has adopted legislation for the
organization of special districts pursuant to Title 32 to facilitate the elimination of
overlapping services provided by local governments and the double taxation that may
occur, because of annexation or otherwise, when all of the taxable property of a District
lies within the boundaries of the Town.
(b) The Town Council, in furtherance of the best interests of
the Town and the preservation and protection of the health, safety, prosperity, security,
and general welfare of Town residents declares its intent:
(1) To prevent the indebtedness incurred by Districts
from adversely affecting the credit worthiness and credit ratings of the Town;
(2) To ensure that the cost burden of public
improvements in newly developed areas is placed upon those benefiting from such public
improvements;
(3) To prevent the shifting of development risk to non-
developers;
(4) To minimize the likelihood of excessive tax and fee
burdens upon Town residents and property owners located within Districts;
(5) To prevent the shifting of costs of Districts to
residents of the Town who do not live within the geographical boundaries of a District;
(6) To permit the creation of Districts where it will
enhance the value of property; and
(7) To ensure that the creation of Districts is consistent
with the Town's comprehensive plan and will add to the quality of life of citizens of the
Town.
(c) The Town Council further declares that it recognizes that
the formation of Districts requires the adoption of procedures for the orderly processing
of proposals for the organization of these Districts. The Town Council prefers that non-
residential uses be in a District which does not include residential uses, but exceptions to
such preferences to allow a mixed -use development will be considered. In particular,
001024000 \PUBFIM722-, 21 -"7122111.5
-2-
residential units that are part of an affordable housing program generally should be
excluded from Districts. Furthermore, pursuant to C.R.S. § 32- 1- 1001(1)(j)(II), no
District shall impose a tap fee or connection fee for any property owned or used for
affordable housing.
18.01.03 Application of State Statute. In addition to the power,
authority, and protection set forth in this Chapter, the Town Council shall have all the
power, authority and protection granted to municipalities by Title 32 and the creation and
operation of any District shall be in conformance with Title 32; provided, however, that
where any conflicts exist between Title 32 and this Chapter, sup h iu�sieies —a °e
pec=a =ital in-t ed nc-1 -the provisions of this Chapter shall control.
18.01.04 Filing of Proposed Service Plan.
(a) Prior to the submission of an application for a Proposed
Service Plan, the Petitioner shall request in writing a pre- submission meeting with the
Town Manager or his designee and such other Town staff or consultants as the Town
Manager deems appropriate to discuss the procedures and requirements for submission of
a Proposed Service Plan. 4:he ' :he At such meeting the Applicant shall describe the proposed
District to the Town staff and consultants. The Town staff and consultants shall explain
the administrative process and provide information to assist the Petitioner with the
orderly processing of the Proposed Service Plan.
(b) The application shall comply with the requirements of this
Chapter. The Town Manager shall have the sole discretion to determine staff availability
to conduct the review and manage the review process. The Town Manager shall set the
review time for the Proposed Service Plan based upon the availability of staff or outside
consultants. In the event the Town Manager accepts the application for staff review, the
Town Council shall be notified and an estimated processing time for staff review shall be
established and communicated to the Petitioner. In the event the application is rejected,
the Town Manager shall notify the Petitioner and Town Council. The determination of
the Town Manager shall be conclusive and binding without right of appeal. However, a
new application may be submitted by the Petitioner at a later date. In no event shall more
than two applications be filed on any proposed District.
(c) The Proposed Service Plan shall be in the form of the
Model Service Plan. The Town Manager shall have the sole discretion to determine
whether the Proposed Service Plan complies with the form and content of the Model
Service Plan. Deviations from the Model Service Plan shall be highlighted in the
Proposed Service Plan.
(d) At the time the Proposed Service Plan is filed, Petitioner
shall remit a nonrefundable application fee to the Town of Ten Thousand Dollars
($10,000.00). In addition, the Town Manager may impose any additional processing fees
as necessary to reimburse the Town for reasonable direct costs related to the Proposed
Service Plan review and hearing. In addition, Petitioner shall agree in writing to pay the
costs of outside consultants hired to assist staff with review of the Proposed Service Plan
001024000 \PUBFIN\?2'�, --" ".'122]17-5 -3 -
and shall deposit an amount required by the Town Manager to provide assurance of the
payment of such costs.
18.01.05 Model Service Plan.
(a) The Town Manager, or his designee, shall develop a Model
Service Plan which complies with this Chapter. All Proposed Service Plans shall
substantially comply with the Model Service Plan. Existing Districts' Approved
Service Plans shall not be required to be amended to comply with the Model Service
Plan provisions. Any amendment to an Approved Service Plan, however, shall
comply with the Model Service Plan provisions to the extent specified in Section
18.01.15. The Model Service Plan may be amended by the -e a a =, in whole or
in part, by the Town Council from time to time.
(b) In addition to the requirements of Title 32, the Proposed
Service Plan shall include or shall otherwise provide all information required by the
Model Service Plan as well as the following:
(1) A legal description of the proposed District
boundaries as well as a map of the proposed District boundaries and a Town vicinity
map.
(2) The mill levy assessed by the District on real or
personal property within the District shall be in an amount sufficient to satisfy only debt
service and operations of the District, provided that in no event shall the mill levy exceed
fifty mills for both debt service and operating purposes. The mill levy may be gubje t -o
adjustm ut in future years to reflect changes .. ..
rat-ioadjusted by the District to take into account legislative or constitutionally
imposed adjustments in assessed values or the method of their calculation, so that to
the extent possible, the actual revenues generated by the maximum mill levy are
neither diminished nor enhanced as 'a result of such changes. Among other
adjustments, a change in the ratio of actual valuation of assessable property shall be
deemed a change in the method of calculating assessed valuation. The mill levy will
terminate when the bonds are no longer outstanding with the exception of a :sapa-1-1-mill
levy sufficient for operations. The District shall not impose a Debt service mill levy for
more than forty (40) years after the year of the initial imposition of such Debt service mill
levy unless: (1) a majority of the board of directors of the District imposing the mill levy
are residents of such District, and (2) such Board has voted in favor of issuing Debt with
a term which requires or contemplates the imposition of a Debt service mill levy for a
longer period of time than the limitation contained herein.
(3) A statement that the District shall not issue any debt
in any amount that exceeds the amount of debt authorized in its Approved Service Plan.
(4) A capital plan which shall, at a minimum, contain:
(a) A description of the type of capital facilities
to be acquired or constructed by the District;
001024000TUBFIN\722V- ". 4722=5
-4-
(b) An estimate of the cost of the proposed
facilities;
(c) A pro forma capital expenditure plan
correlating expenditures with construction within the development over time.
(5) A financial plan which shall, at a minimum,
contain:
(a) The total amount of debt issuance planned
over the life of the District;
(b) All proposed sources of revenue and
projected District expenses, as well as the assumptions upon which they are based, for not
less than the entire term of the bond issue;
(c) The dollar amount of any anticipated
financing, including capitalized interest, costs of issuance, estimated maximum rates and
discounts, and any expenses related to the organization and initial operation of the
District;
(d) A detailed repayment plan or payment
schedule covering the life of any financing, including the frequency and amounts
expected to be collected from all sources;
(e) The amount of any reserve fund and the
expected level of annual debt service coverage which will be maintained for any
financing;
(f) The provisions regarding any credit
enhancement for the proposed financing, including but not limited to, letters of credit and
insurance; and
risks of the financing.
(g) A list and written explanation of potential
(6) Statements that the District shall not:
(a) Condemn property inside or outside the
District boundaries without prior approval by the Town Council.
(b) Include or exclude any property without
prior approval by the Town Council.
(7) Acknowledgement that any debt of the District,
issued with a pledge or which results in a pledge, that exceeds the maximum debt mill
levy and the maximum debt mill levy imposition term required by subsection (2) of this
001024000 \PUBFIN\' -21 ' 7. 722=5 -5-
section, shall be deemed a Material Modification of a District's Approved Service Plan
and shall not be an authorized issuance of debt unless and until such Material
Modification has been approved by the Town Council as part of an amendment to the
Approved Service Plan.
(8) Identification by name, address and phone number
of those persons who the Petitioner intends to be the nominees for the initial board of
directors of the District.
(9) Proof of ownership and a list of encumbrances on
all properties within the District in a form acceptable to the Town Attorney.
(10) Limitations on the mill levy, rates, fees, charges,
development exactions and other revenues pledged to service payment of indebtedness of
the District or provisions for any credit enhancements for District debt in order to
preclude the creation of undue financial risk to the District and its residents.
(11) Requirements for dissolution of the District upon
the accomplishment of the purposes and undertakings for which the District was formed.
If the District was only created for construction of public improvements, it shall dissolve
when all outstanding debt is paid. If the District was created for providing approved
services or maintenance functions, the District may continue so long as those approved
services are provided.
(12) A description of rates, fees, charges or exactions
proposed for imposition by the District. Any changes to rates, fees, charges or exactions
shall be approved by the Town Council.
(13) Acknowledgement by the District that the Town
shall not be limited in implementing Town Council or voter approved growth limitations,
even though such actions may reduce or delay development within the District and the
realization of District revenue. If such limitations are implemented, and District
development is reduced or delayed. or District. revenues are negatively impacted as
a result, such effects shall not be considered a Material Modification under Sections
18.01.13 or 18.01.14.
(14) A statement that all activities by the proposed
District will be subject to all of the Town's zoning, subdivision, building code, land use,
or other requirements of the Town's Municipal Code.
(15) Agreement that prior to the issuance of any bond
issue, a copy of an opinion of nationally recognized bond counsel acceptable to the Town
Attorney shall be delivered to the Town stating that the bond issue satisfies the
requirements of the Approved Service Plan.
(16) Agreement that the District shall use reasonable
efforts to assure that all developers of or initial builders on the property located within
such District provide written notice to all persons who purchase or lease property in the
001024000 \PUBFIN\72211 7.4127117.5 -6
District from the developer or the builder, which notice discloses the maximum mill levy,
as well as a general description of the District's authority to impose and collect rates,
fees, charges or exactions. The form of notice shall be filed with the Town Manager
prior to the initial issuance of the debt of the District imposing the mill levy that is the
subject of the maximum debt mill levy. iAAIThe District shall use reasonable efforts to
assure all promotional, marketing, and sales information shall display notice, equal in
size and font to all other pertinent information, as to the debt, taxes, rates, fees, and
exactions of the District.
(17) Agreement that the District shall dedicate all public
improvements planned for, designed, acquired, constructed, installed, relocated,
redeveloped, and financed by the District to the Town or other appropriate governmental
jurisdiction or owners association in a manner consistent with the approved development
plan and other rules and regulations of the Town and applicable provisions of the Town's
Municipal Code. The District shall describe in detail the regional infrastructure
previously recommended by Town staff which benefits the citizens of the Town outside
the boundaries of the District.
(18) Agreement that the District shall design and
construct all public improvements in accordance with the standards and specifications of
the Town or any other governmental jurisdiction having proper jurisdiction and the
District shall obtain the Town's approval of civil engineering plans and applicable
permits of the construction and installation of any public improvements prior to
performing any work thereon. Such agreement shall include the requirement that all
property acquired and public improvements installed be done in compliance with Title 32
and applicable bidding requirements.
(19) A statement that the District shall provide a copy of
the written notice of every regular or special meeting of the District to the Town Clerk at
least lWethree (5J business days prior to such meeting. The District shall cause a copy
of such notice to be posted at Town Hall.
(20) Agreement that the District shall not apply for or
accept moneys from the Colorado Conservation Trust Fund, the Great Outdoors Colorado
Fund, or any other fund available to governmental or nonprofit entities that the Town is
eligible to apply for, except pursuant to approval by the Town Council.
(21) Agreement that the District shall obtain prior
written consent of the Town Council before filing a request with any court to consolidate
with any other district.
(22) Agreement that not later than August 1 of each
calendar year each District shall file an annual report with the Town Clerk. The annual
report shall reflect activity and financial events of the District for the District's preceding
fiscal year. The annual report shall include the following:
001024000 \PUBFIN\7?2 7.1 5 -7-
(a) A narrative summary of the progress of the
District in implementing its Approved Service Plan;
(b) Except when an exemption from audit has
been granted for the fiscal year under the Local Government Audit Law, the audited
financial statements of the District for the fiscal year including a statement of financial
condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of
operations (i.e. revenues and expenditures) for the fiscal year;
(c) Unless disclosed within a separate schedule
to the financial statements, a summary of the capital expenditures incurred by the District
in development of public facilities in the fiscal year, as well as any capital improvements
or projects proposed to be undertaken in the five (5) years following the fiscal year;
(d) Unless disclosed within a separate schedule
to the financial statements, a summary of the financial obligations of the District at the
end of the fiscal year, including the amount of outstanding indebtedness, the amount and
terms of any new District indebtedness or long -term obligations issued in the fiscal year,
the amount of payment or retirement of existing indebtedness of the District in the fiscal
year, the total assessed valuation of all taxable properties within the District as of January
1 of the fiscal year, and the current mill levy of the District pledged to debt retirement in
the fiscal year;
(e) The District's budget for the calendar year
in which the annual report is submitted;
(f) A summary of residential and commercial
development which has occurred within the District for the fiscal year;
(g) A summary of all taxes, fees, charges and
assessments imposed by the District as of January 1 of the fiscal year•,
(h) The name, business address and telephone
number of each member of the board of directors and its chief administrative officer and
general counsel, together with the date, place and time of the regular meetings of the
board: —, and
0 A summary of any regular or special
election held during the fiscal year, together with a cony of the ballot and other
election materials and a certification that such elections were held in conformance
with all applicable laws.
The Town Council, at a regular or special public meeting, may review and
discuss the annual reports received from each District. In the event the annual report is
not timely received by the Town Clerk, notice of such default shall be given by the Town
Clerk to the board of such District at its last known address. The failure of the District to
file the annual report within thirty (30) days of the mailing of such default notice by the
Town Clerk shall empower the Town Council to impose the sanctions authorized in
001024000 \PUBF1N \7Z214 -7 :*7222117.5 -8
Section 18.01.17. The remedies provided for non - compliance with the filing of the
annual report shall be supplementary to the remedy authorized under Section 32 -1 -209 of
tine - Spey =i-al- `, tr' et AvA.Title 32.
18.01.06 Intergovernmental Agreement; Improvement
Guaranty. T.h-eA District, unless an Existing District, shall not levy any taxes or issue
any debt until it enters into an intergovernmental agreement with the Town regarding the
enforcement of this Chapter and the provisions of the Model Service Plan. T4ieSuch
intergovernmental agreement shall be in form and substance satisfactory to the Town
Manager and Town Attorney. The creation of t-hea District shall not alter the obligation
of the developer of property in thesuch District to provide the Town with improvement
guarantees or other collateral pursuant to the Town's Municipal Code.
18.01.07 Administrative Review of Plan. The Town staff shall
have up to :184120 days (unless an extension of such review period is approved by the
Town Manager) from the date the Proposed Service Plan is filed, to complete an
administrative review. This time period may be extended as deemed necessary by the
Town Manager and the Petitioner shall be notified of the extension period. Once the
review is complete, an analysis of the Proposed Service Plan shall be prepared in the
form of a written report to the Town Council. The report shall set forth the
recommendations of the staff for approval, disapproval or conditional approval of the
proposed service plan and the reasons therefor.
18.01.08 Notice of Public Hearing. The Town Manager shall
schedule a public hearing at a regular Town Council meeting upon completion of the
administrative review report described in Section 18.01.07. Notice of the hearing shall be
published by the Town in an issue of the newspaper selected by the Town as the official
newspaper of publication at least 15 days but not more than 30 days prior to the
scheduled hearing date. The Petitioner shall reimburse the Town for all costs related to
such publication.
(a) Notice of the hearing shall also be mailed by the Petitioner
by first class mail, on or before the date such notice is to be published to:
(1) The owners of record of all real property within the
District as such owners of record are listed in the Proposed Service Plan as well as
adjacent properties.
(2) The State of Colorado division of local government.
(3) The governing body of any municipality or district
which has levied an ad valorem tax within the next preceding tax year, and which has
boundaries within a radius of three miles of the proposed District's boundaries.
following:
(b) Contents of notice. The notice of hearing shall set forth the
(1) The date, time, location and purpose of the hearing.
001024000TUBFIN\7-21 "'7 5
-9-
(2) A general description of the land contained within
the boundaries of the proposed District.
(3) Information outlining methods and procedures for
the filing of a petition for exclusion.
(4) A description of the type and purposes of the
proposed District.
(5) The maximum property tax levy to be imposed by
the proposed District and the maximum period of time such levy shall be collected.
(6) The place at which the Proposed Service Plan may
be examined.
(7) A statement that all protests and objections must be
submitted in writing to the Town Council at or prior to the hearing or any continuance- or
postponement thereof in order to be considered.
(8) A statement that all protests and objections to the
District shall be deemed to be waived unless presented at the time and in the manner
specified in this Chapter.
18.01.09 Public Hearing.
(a) The hearing held -C - mu -o t4-i -e
notice provided pursuant to Section 81.8.01.08 shall be open to the public, and summary
minutes shall be made by the Town Clerk. Any testimony or evidence which, in the
discretion of the Town Council, is relevant or material to the organization of the District
shall be considered.
(b) The Town Council may postpone or continue the hearing
until a later time or date or relocate the hearing by announcing such postponement,
continuance or relocation of the hearing or by posting notice at the originally scheduled
time and place of the hearing, and no further publication or mailing of the notice shall be
necessary.
18.01.10 Action by the Town Council.
(a) Upon its review of the report presented by the Town
Manager, the Proposed Service Plan, and any evidence presented at the public hearing,
the Town Council shall have the authority to:
Proposed Service Plan, or;
(1) Approve without condition or modification the
(2) Disapprove the Proposed Service Plan, or;
001024000 \PUBFIN \?2'/11 -E .4?.41221115
-10-
(3) Conditionally approve the Proposed Service Plan
subject to the submission of additional information relating to, or the modification of, the
Proposed Service Plan or by agreement with the Petitioner of the Proposed Service Plan.
(b) The Town Council shall disapprove the Proposed Service
Plan unless evidence satisfactory to the Town Council of each of the following is
presented:
(1) There is sufficient existing and projected need for
organized service in the area to be serviced by the proposed District.
(2) The existing service in the area to be served by the
proposed District is inadequate for present and projected needs.
(3) The proposed District is capable of providing
economical and sufficient service to the area within its proposed boundaries.
(4) The area to be included in the proposed District has,
or will have, the financial ability to discharge the proposed indebtedness on a reasonable
basis.
(c) The Town Council may conditionally approve the Proposed
Service Plan upon satisfactory evidence that it does not comply with one or more criteria
enumerated in subsection (b) of this section. Final approval shall be contingent upon
modification of the Proposed Service Plan to include such changes or additional
information as shall be specifically stated in the findings of the Town Council in order to
satisfy the criteria in subsection (b) of this section. Final approval of a Proposed Service
Plan may be withheld by Town Council until such changes are made to the Proposed
Service Plan or such additional information is provided.
(d) The Town Council may exclude territory from a proposed
District prior to approval of the Proposed Service Plan. 1 1 -Pal s -1�� v -tie
llufllen-of-pr-oving that the exclusion of sueh. proper--- not in the best interest6l-04'
the s ? s Any person owning property in the proposed District who
requests his or her property be excluded from such District prior to the approval of the
Proposed Service Plan shall file such request with the Town Clerk not later than five days
prior to the public hearing held pursuant to Section 18.01.09. However, the Town
Council shall not be limited in its action with respect to exclusion of territory based upon
such request. Any request for exclusion shall be acted upon before final action of the
Town Council.
(e) The findings of the Town Council shall be based solely
upon the Proposed Service Plan, the report presented by the Town Manager, and any
evidence presented at the public hearing by the Petitioners, Town officials, and interested
parties.
(f) Decisions of the Town Council concerning a Proposed
Service Plan shall be in the sole discretion of the Town Council. Any waiver of the
001024000 \PUBFIN \7--111=4T1722117.5 - 11 -
provisions of this Chapter 18.01 in connection with a Proposed Service Plan shall not be
deemed as an amendment of this Chapter unless the Town Council adopts an ordinance
expressly amending this Chapter 18.01.
18.01.11 Written Determination by Town Council.
(a) Within 30 days after completing the public hearing held
under this Chapter, the Town Council shall adopt a resolution regarding the Proposed
Service Plan.
(b) If the Proposed Service Plan is approved, a resolution of
approval shall be adopted.
(c) If the Proposed Service Plan is disapproved, a resolution of
disapproval shall be adopted. The resolution shall include the reasons for such
disapproval.
(d) If the Proposed Service Plan is conditionally approved, the
amendments to be made in or additional information relating to the Proposed Service
Plan, together with the reasons for such amendments or additional information, shall also
be set forth in writing, and the public hearing shall be continued until such amendments
or additional information are incorporated in the Proposed Service Plan. Upon the
satisfactory incorporation of such amendments or additional information in the Proposed
Service Plan, the Town Council shall adopt a resolution of approval.
(e) A resolution passed by the Town Council shall document
the determination of the Town Council. No action or proceeding, at law or in equity, to
review any acts or proceedings or question the validity of any determination by the Town
Council related to the Proposed Service Plan pursuant to this Chapter, whether based
upon irregularities or jurisdictional defects, shall be maintained in the district court of
Eagle County unless commenced within 30 days after the passage of the Town Council
resolution. Thereafter, any legal proceedings shall be barred. Should the court determine
that the action of the Town Council regarding the Proposed Service Plan was arbitrary,
capricious, or unreasonable the court shall remand the matter back to the Town Council
with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable
result.
(f) In the manner and to the extent provided in this article, the
Town Council shall maintain continuing jurisdiction over the Service Plan and shall
exercise its rights in relation thereto.
18.01.12 Compliance; modification; enforcement.
(a) Upon final approval by the district court of the organization
of the District, the Petitioner shall file written notice thereof with the Town Manager.
001024000 \PUBFIN\72' 17.X7221175
-12-
(b) After the creation of a District, Material Modifications to
the Approved Service Plan may be made by the board of directors of the District only by
petition to and approval by the Town Council in accordance with Section 18.01.15.
(c) Any material departures from the Approved Service Plan,
unless such has been modified with the approval of the Town Council; pursuant to
Section 18.01.15, shall be considered to be a violation of this
ttna-L-t-h.&r-izc -M-ateAal-A4odif k--aA+m-,s inay-he-t-njoi-ned
alvfiea4i be entitled to all remedies
available under law, including an action to enjoin such violation by the District.
(d) Any aefion of the 11 -4- -+ +h-4 - 4
-K-1-1- K.- J ates any of-4ke
Wo Me lkpfff-o _e'r-VIC-e I la.. nd the-T-own-sh e enti-tled-4o-a-l-l-r-L-im-edies-
available under- state and local law to enjoin sueh aetion of the Distriet.
Od (e)—Nothing herein prohibits the Town from
conducting or requires the Town to is econduct a quinquennial review
pursuant to Section 32-1-1101.5 of Title 32.
18.01.13 Material Modification. The occurrence of any of the
following actions, events or conditions su-6seq*en4-4-e-4-he-4at"
approval of an Approved Service PI he
Town of such Event is provided to the District and (111) the District fails to correct
or cure such Event within ninety (90) days from receipt of such notice or fails to
request a hearing under Section 18.01.14 (provided, however, if the District cannot
reasonably correct or cure such Event within such ninety (90) day period,
District commences its correction or cure within such ninety (9a period and
diligently pursues the same to completion), are deemed changes of a basic or essential
nature n f a Dst.-Iet eanstkutin-gw ich constitute a Material Modification a-H-dwhich
shall require a service plan amendment:
(a) Any issuance of debt or proposed issuance of debt with a
pledge or that would result in a pledge that exceeds the maximum mill levy or the
maximum mill levy imposition term.
,(b) Failure to pay principal or interest of any District bonds,
notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing
issued or incurred by the District which:
(1) Persists for a period of one hundred twenty (120)
days or more;
(2) The delinquent payment(s) aggregates at least either
Fifty Thousand Dollars ($50,000.00) or ten percent (10%) of the outstanding principal
balance of the indebtedness; and
00 1 024000TUBFIN\712244-�722=5 -13 -
(3) The creditors have not agreed in writing with the
District to forbear from pursuit of legal remedies.
(c) The institution of a proceeding for debt adjustment or the
confirmation of a plan for adjustment of debt under Chapter 9 of the Bankruptcy Code;
(d) The failure of the District to develop any public
improvement or other capital facility proposed in its service plan or to provide any
approved service by the time necessary to serve the approved development within the
District;
(e) Failure of the District to realize at least seventy -five
percent (75 %) of the development revenues (including developer contributions, loans or
advances) projected in the financial portion of the service plan during the three -year
period ending with the report year, where development revenue is defined as fees,
exactions and charges imposed by the District on residential and commercial
development, excluding taxes, provided that the disparity between projected and realized
revenue exceeds Fifty Thousand Dollars ($50,000.00);
(f) The development of any capital facility in excess of Ten
Thousand Dollars ($10,000.00) in cost, or the provision of any service which is not either
identified in the service plan or authorized by the Town in the course of a separate
development approval;
(g) The occurrence of any event or condition which is defined
under the service plan or intergovernmental agreement as necessitating a service plan
amendment;
(h) The default by the District under any intergovernmental
agreement with the Town;
(i) The inclusion or exclusion of any property into or from
the District o = liar opr r ithin the Dist. b_.H+dar-ies--e*eee l' it
per�ea t- {.10 °j�j -o ttl e s��n i e era o f tl a3- Dlstiri -o = ten - f0 } -aa ---- R-rea; - ..o.rls
boundaries without first obtaining the consent of the Town:
0) Any of the events or conditions enumerated in Section 32-
1- 207(2) of eial r'is +.. - " ^¢.Title 32.
18.01.14 Determination of Applicability. Should the District
dispute that one (1) or more of the , °^ eurreneesEvents enumerated in Section 18.01.13
has nod ova= ��vill -n a*smrtt -in -ate chrnl;e of larsia m= esetirniteoccurred, it may
request a hearing before the Town Council within ninety (90) days after written notice
from the Town of such occurrence. After hearing and receipt of any relevant
information presented by the District and the recommendation of the Town Manager, the
Town Council shall make a finding as to whether such occurrence constitutes a Material
Modification. Tri emi-en't If the Town Council concludes a Material
Modification has taken place, the District shall
001024000 \PUBFIN \?22117.'722]1Z.z -14-
Y
---Oj-danee with as District
t1he T&,K n.. ou 6l:occurred1 the District shall
comply with Section 18.01.15. The Town Council shall retain the prerogative to require
an amendment thereafter if the change or deviation, on a cumulative basis, subsequently
becomes material. In making its determination, the Town Council may consider, among
other relevant information, whether the modification will have a probablean adverse
financial impact on the Town.
18.01.15 Amendment.
(a) Any information or documentation required under the
applicable provisions of 32;
) in- P'— wzaz'erris since the ipr€$ve ""-c
ed and approved by the -Town (:;ouneil to any of An update to information,
assumptions or projects furnished in conjunction with the petition for approval of
organization of a District or contained in the Approved Service Plan, with all changes
highlighted and enumerated,
(c) A detailed explanation of the activity, events or conditions
�
hie �.esultedresulting in the Material Modification o *-she- rov edge -We. I '
$ li
including taken or alternatives considered, if any, by the District
to avoid the ' -r, x -eoRdW Material Modification,
(d) The projected or resulting impact of the Material
Modification on the District's ability to develop the capital facilities and infrastructure
necessary to meet its original capital development plan;
(e) The effect of the Material Modification on the District's
ability to retire as scheduled its outstanding financial obligations and its ability to issue
and market additional indebtedness to finance additional capital expenditures;
(f) A --- e MAn undated financial plan for the District
reflecting development absorption rates anticipated within the District's service area,
projected annual revenues and expenditures based upon such projected absorption rates,
debt issuance and amortization schedules, and a projection of anticipated capital outlays;
001024000 \PUBFIN\72 "�''.'.'7221775
-15-
(g) The financial impact of the - nod- i- ficit-tion- Material
Modification on existing residents of the District;
(h) An updated five -year capital improvements plan; and
(i) What alternatives or options are available to the District if
the requested amendment is not approved.
All of the required information shall be supported by and submitted with
appropriate technical analysis, reports and supporting documents of qualified
professionals and consultants. The amendment shall be processed and reviewed in the
same manner as prescribed for an initial service plan, except that the submittal
requirements of this Set-i section shall apply. The application fee for a modification
shall be as provided in Section 18.01.04(d) unless a reduction thereof is approved by the
Town Manager. '1411-Hs See....n shall not ° mp aif the N g * 0 h -Foi .* t If the District
applies for an amendment under this section, the Town shall not bring an action in
the di ri t -court d o lie -�cti i 1 - °° t pursuant to Section 32-1 -
207(3)(b) of the et —Title 32 during the processing by the Town of
such request for an amendment unless necessary to protect the interests of the
Town.
If an Existing District applies for an amendment to an Approved Service
Plan, the Model Service Plan provisions shall be considered and applied to the
extent applicable to the provisions being amended.
18.01.16 Exemption. If any District has not undertaken
development of capital facilities or issued any indebtedness, it may apply to the Town
Council for an exemption from compliance with certain portions of this Chapter and its
Approved Service Plan. The Town Council shall grant an exemption if the Board
submits a resolution to the Town Council stating that upon issuance of the exemption, the
District's authorization under the service plan and the intergovernmental agreement with
the Town to undertake development of capital facilities or issue any indebtedness is
suspended. With issuance of the exemption, the District shall be excluded from
compliance with such exempted requirement, except that the District annually,. not later
than September 1, shall submit financial statements from the previous year and the
budget for the current year. Prior to any District with an exempt status undertaking
capital development or issuing any indebtedness authorized under its service plan or the
peil -Itiet AetTitle 32 other than regulatory reporting, it shall fully comply with
the provisions of this Chapter.
18.01.17 Sanctions. Should . nvif a District failfails to request and
obtain an amendment when required under this Chapter or otherwise fail to fully and
completely comply with this Chapter, the Town Council by resolution may impose one
(1) or more of the following sanctions, as it deems appropriate:
(a) Exercise any applicable remedy under
AetTitle 32,
001024000TUBFIN -72211 -' h122Ms -16-
(b) Withhold the issuance of any permit, authorization,
acceptance, or other administrative approval necessary for the District's development of
public facilities or construction;
(c) Exercise any legal remedy under the terms of any
intergovernmental agreement under which the District is in default; or
(d) Exercise any other legal remedy, including seeking
injunctive relief against the District, to force compliance with the provisions of this
Chapter.
18.01.18 Existing Districts — Annual Report. Any District
currently existing within the Town shall comply with the annual reporting requirements
set forth in Section 18.01.05(b)(22).
001024000\PUBFIN \'2244 -7.4 -17-
Section 2. Effective Date. This Ordinance shall take effect thirty (30)
days after publication following final passage.
PASSED, ADOPTED, AND APPROVED this day of ,
2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
001024000TUBFIN\72a? % 722113-5 -18-
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ORDINANCE NO. 07 -11
AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPECIAL
DISTRICTS WITHIN THE TOWN OF AVON
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Amendment. The Avon Municipal Code is amended by
the addition of a Title 18, "Miscellaneous," including a Chapter 18.01, "Establishment of
Special Districts," to provide as follows
18.01.01 Definitions. The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them in this section.
"Approved Service Plan" means (1) any Title 32 district service plan or
amended service plan that has been approved by a resolution adopted by the Town
Council or (2) a service plan of a District that was originally approved by a board of
county commissioners and all of the property in the District is later annexed by the Town
and jurisdiction for such service plan was accepted through the adoption of a resolution
by the Town Council.
"District" or "Districts" means one or more special district(s) which are
quasi - municipal corporation(s) and political subdivision(s) proposed, organized, or acting
pursuant to the provisions of this Chapter and Title 32. Other types of districts, such as
business improvement districts, special improvement districts, general improvement
districts, and other special or local improvement districts created pursuant to the Town
Charter are specifically excluded from this definition.
"Existing District" means a District in existence as of the effective date of
this Ordinance.
"Material Modification" means modifications to an Approved Service
Plan as described in C.R.S. 32 -1- 207(2) or in this Chapter.
"Model Service Plan" means Avon's model service plan for Title 32
Districts as approved by the Town Manager in accordance with the provisions of this
Chapter.
"Petitioner" means any person(s) or other legal entity proposing a service
plan or an amendment to an Approved Service Plan.
"Proposed Service Plan" means any Title 32 District service plan or
amended service plan filed with the Town that (i) has not yet been approved or
disapproved by resolution of the Town Council, or (ii) has been conditionally approved
001024000\PUBFIN\722117.5
by resolution of the Town Council subject to the inclusion of such amendments or
additional information as stated in such resolution.
"Title 32" means Title 32, Article 1, C.R.S., as the same may be amended
from time to time.
18.01.02 Legislative Declaration.
(a) The Town Council recognizes that under certain
appropriate circumstances Districts provide a financing alternative for developers of
infrastructure within the Town. The General Assembly has adopted legislation for the
organization of special districts pursuant to Title 32 to facilitate the elimination of
overlapping services provided by local governments and the double taxation that may
occur, because of annexation or otherwise, when all of the taxable property of a District
lies within the boundaries of the Town.
(b) The Town Council, in furtherance of the best interests of
the Town and the preservation and protection of the health, safety, prosperity, security,
and general welfare of Town residents declares its intent:
(1) To prevent the indebtedness incurred by Districts
from adversely affecting the credit worthiness and credit ratings of the Town;
(2) To ensure that the cost burden of public
improvements in newly developed areas is placed upon those benefiting from such public
improvements;
(3) To prevent the shifting of development risk to non-
developers;
(4) To minimize the likelihood of excessive tax and fee
burdens upon Town residents and property owners located within Districts;
(5) To prevent the shifting of costs of Districts to
residents of the Town who do not live within the geographical boundaries of a District;
(6) To permit the creation of Districts where it will
enhance the value of property; and
(7) To ensure that the creation of Districts is consistent
with the Town's comprehensive plan and will add to the quality of life of citizens of the
Town.
(c) The Town Council further declares that it recognizes that
the formation of Districts requires the adoption of procedures for the orderly processing
of proposals for the organization of these Districts. The Town Council prefers that non-
residential uses be in a District which does not include residential uses, but exceptions to
such preferences to allow a mixed -use development will .be considered. In particular,
001024000\PUBFM722117.5 _ 2 _
residential units that are part of an affordable housing program generally should be
excluded from Districts. Furthermore, pursuant to C.R.S. § 32- 1- 1001(1)(j)(II), no
District shall impose a tap fee or connection fee for any property owned or used for
affordable housing.
18.01.03 Application of State Statute. In addition to the power,
authority, and protection set forth in this Chapter, the Town Council shall have all the
power, authority and protection granted to municipalities by Title 32 and the creation and
operation of any District shall be in conformance with Title 32; provided, however, that
where any conflicts exist between Title 32 and this Chapter, the provisions of this
Chapter shall control.
18.01.04 Filing of Proposed Service Plan.
(a) Prior to the submission of an application for a Proposed
Service Plan, the Petitioner shall request in writing a pre- submission meeting with the
Town Manager or his designee and such other Town staff or, consultants as the Town
Manager deems appropriate to discuss the procedures and requirements for submission of
a Proposed Service Plan. At such meeting the Applicant shall describe the proposed
District to the Town staff and consultants. The Town staff and consultants shall explain
the administrative process and provide information to assist the Petitioner with the
orderly processing of the Proposed Service Plan.
(b) The application shall comply with the requirements of this
Chapter. The Town Manager shall have the sole discretion to determine staff availability
to conduct the review and manage the review process. The Town Manager shall set the
review time for the Proposed Service Plan based upon the availability of staff or outside
consultants. In the event the Town Manager accepts the application for staff review, the
Town Council shall be notified and an estimated processing time for staff review shall be
established and communicated to the Petitioner. In the event the application is rejected,
the Town Manager shall notify the Petitioner and Town Council. The determination of
the Town Manager shall be conclusive and binding without right of appeal. However, a
new application may be submitted by the Petitioner at a later date. In no event shall more
than two applications be filed on any proposed District.
(c) The Proposed Service Plan shall be in the form of the
Model Service Plan. The Town Manager shall have the sole discretion to determine
whether the Proposed Service Plan complies with the form and content of the Model
Service Plan. Deviations from the Model Service Plan shall be highlighted in the
Proposed Service Plan.
(d) At the time the Proposed Service Plan is filed, Petitioner
shall remit a nonrefundable application fee to the Town of Ten Thousand Dollars
($10,000.00). In addition, the Town Manager may impose any additional processing fees
as necessary to reimburse the Town for reasonable direct costs related to the Proposed
Service Plan review and hearing. In addition, Petitioner shall agree in writing to pay the
costs of outside consultants hired to assist staff with review of the Proposed Service Plan
00 1 024000\PUBFIN\722117.5 -3 _
and shall deposit an amount required by the Town Manager to provide assurance of the
payment of such costs.
18.01.05 Model Service Plan.
(a) The Town Manager, or his designee, shall develop a Model
Service Plan which complies with this Chapter. All Proposed Service Plans shall
substantially comply with the Model Service Plan, Existing Districts' Approved Service
Plans shall not be required to be amended to comply with the Model Service Plan
provisions. Any amendment to an Approved Service Plan, however, shall comply with
the Model Service Plan provisions to the extent specified in Section 18.01.15. The
Model Service Plan may be amended, in whole or in part, by the Town Council from time
to time.
(b) In addition to the requirements of Title 32, the Proposed
Service Plan shall include or shall otherwise provide all information required by the
Model Service Plan as well as the following:
(1) A legal description of the proposed District
boundaries as well as a map of the proposed District boundaries and a Town vicinity
map.
(2) The mill levy assessed by the District on real or
personal property within the District shall be in an amount sufficient to satisfy only debt
service and operations of the District, provided that in no event shall the mill levy exceed
fifty mills for both debt service and operating purposes. The mill levy may be adjusted
by the District to take into account legislative or constitutionally imposed adjustments in
assessed values or the method of their calculation, so that to the extent possible, the
actual revenues generated by the maximum mill levy are neither diminished nor enhanced
as a result of such changes. Among other adjustments, a change in the ratio of actual
valuation of assessable property shall be deemed a change in the method of calculating
assessed valuation. The mill levy will terminate when the bonds are no longer
outstanding with the exception of a mill levy sufficient for operations. The District shall
not impose a Debt service mill levy for more than forty (40) years after the year of the
initial imposition of such Debt service mill levy unless: (1) a majority of the board of
directors of the District imposing the mill levy are residents of such District, and (2) such
Board has voted in favor of issuing Debt with a term which requires or contemplates the
imposition of a Debt service mill levy for a longer period of time than the limitation
contained herein.
(3) A statement that the District shall not issue any debt
in any amount that exceeds the amount of debt authorized in its Approved Service Plan.
(4) A capital plan which shall, at a minimum, contain:
(a) A description of the type of capital facilities
to be acquired or constructed by the District;
00 1 024000\PUBFIN\722117.5 _ q _
(b) An estimate of the cost of the proposed
facilities;
(c) A pro forma capital expenditure plan
correlating expenditures with construction within the development over time.
(5) A financial plan which shall, at a minimum,
contain:
(a) The total amount of debt issuance planned
over the life of the District;
(b) All proposed sources of revenue and
projected District expenses, as well as the assumptions upon which they are based, for not
less than the entire term of the bond issue;
(c) The dollar amount of any anticipated
financing, including capitalized interest, costs of issuance, estimated maximum rates and
discounts, and any expenses related to the organization and initial operation of the
District;
(d) A detailed repayment plan or payment
schedule covering the life of any financing, including the frequency and amounts
expected to be collected from all sources;
(e) The amount of any reserve fund and the
expected level of annual debt service coverage which will be maintained for any
financing;
(f) The provisions regarding any credit
enhancement for the proposed financing, including but not limited to, letters of credit and
insurance; and
risks of the financing.
(g) A list and written explanation of potential
(6) Statements that the District shall not:
(a) Condemn property inside or outside the
District boundaries without prior approval by the Town Council.
(b) Include or exclude any property without
prior approval by the Town Council.
(7) Acknowledgement that any debt of the District,
issued with a pledge or which results in a pledge, that exceeds the maximum debt mill
levy and the maximum debt mill levy imposition term required by subsection (2) of this
00 1 024000\PUBFIN\722117.5 -5-
section, shall be deemed a Material Modification of a District's Approved Service Plan
and shall not be an authorized issuance of debt unless and until such Material
Modification has been approved by the Town Council as part of an amendment to the
Approved Service Plan.
(8) Identification by name, address and phone number
of those persons who the Petitioner intends to be the nominees for the initial board of
directors of the District.
(9) Proof of ownership and a list of encumbrances on
all properties within the District in a form acceptable to the Town Attorney.
(10) Limitations on the mill levy, rates, fees, charges,
development exactions and other revenues pledged to service payment of indebtedness of
the District or provisions for any credit enhancements for District debt in order to
preclude the creation of undue financial risk to the District and its residents.
(11) Requirements for dissolution of the District upon
the accomplishment of the purposes and undertakings for which the District was formed.
If the District was only created for construction of public improvements, it shall dissolve
when all outstanding debt is paid. If the District was created for providing approved
services or maintenance functions, the District may continue so long as those approved
services are provided.
(12) A description of rates, fees, charges or exactions
proposed for imposition by the District. Any changes to rates, fees, charges or exactions
shall be approved by the Town Council
(13) Acknowledgement by the District that the Town
shall not be limited in implementing Town Council or voter approved growth limitations,
even though such actions may reduce or delay development within the District and the
realization of District revenue. If such limitations are implemented, and District
development is reduced or delayed, or District revenues are negatively impacted as a
result, such effects shall not be considered a Material Modification under
Sections 18.01.13 or 18.01.14.
(14) A statement that all activities by the proposed
District will be subject to all of the Town's zoning, subdivision, building code, land use,
or other requirements of the Town's Municipal Code.
(15) Agreement that prior to the issuance of any bond
issue, a copy of an opinion of nationally recognized bond counsel acceptable to the Town
Attorney shall be delivered to the Town stating that the bond issue satisfies the
requirements of the Approved Service Plan.
(16) Agreement that the District shall use reasonable
efforts to assure that all developers of or initial builders on the property located within
such District provide written notice to all persons who purchase or lease property in the
001024000 \PUBFIN\722117.5 -6-
District from the developer or the builder, which notice discloses the maximum mill levy,
as well as a general description of the District's authority to impose and collect rates,
fees, charges or exactions. The form of notice shall be filed with the Town Manager
prior to the initial issuance of the debt of the District imposing the mill levy that is the
subject of the maximum debt mill levy. The District shall use reasonable efforts to assure
all promotional, marketing, and sales information shall display notice, equal in size and
font to all other pertinent information, as to the debt, taxes, rates, fees, and exactions of
the District.
(17) Agreement that the District shall dedicate all public
improvements planned for, designed, acquired, constructed, installed, relocated,
redeveloped, and financed by the District to the Town or other appropriate governmental
jurisdiction or owners association in a manner consistent with the approved development
plan and other rules and regulations of the Town and applicable provisions of the Town's
Municipal Code. The District shall describe in detail the regional infrastructure
previously recommended by Town staff which benefits the citizens of the Town outside
the boundaries of the District.
(18) Agreement that the District shall design and
construct all public improvements in accordance with the standards and specifications of
the Town or any other governmental jurisdiction having proper jurisdiction and the
District shall obtain the Town's approval of civil engineering plans and applicable
permits of the construction and installation of any public improvements prior to
performing any work thereon. Such agreement shall include the requirement that all
property acquired and public improvements installed be done in compliance with Title 32
and applicable bidding requirements.
(19) A statement that the District shall provide a copy of
the written notice of every regular or special meeting of the District to the Town Clerk at
least three (3) business days prior to such meeting. The District shall cause a copy of
such notice to be posted at Town Hall.
(20) Agreement that the District shall not apply for or
accept moneys from the Colorado Conservation Trust Fund, the Great Outdoors Colorado
Fund, or any other fund available to governmental or nonprofit entities that the Town is
eligible to apply for, except pursuant to approval by the Town Council.
(21) Agreement that the District shall obtain prior
written consent of the Town Council before filing a request with any court to consolidate
with any other district.
(22) Agreement that not later than August 1 of each
calendar year each District shall file an annual report with the Town Clerk. The annual
report shall reflect activity and financial events of the District for the District's preceding
fiscal year. The annual report shall include the following:
001024000 \PUBFIN \722117.5 _ 7 _
(a) A narrative summary of the progress of the
District in implementing its Approved Service Plan;
(b) Except when an exemption from audit has
been granted for the fiscal year under the Local Government Audit Law, the audited
financial statements of the District for the fiscal year including a statement of financial
condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of
operations (i.e. revenues and expenditures) for the fiscal year;
(c) Unless disclosed within a separate schedule
to the financial statements, a summary of the capital expenditures incurred by the District
in development of public facilities in the fiscal year, as well as any capital improvements
or projects proposed to be undertaken in the five (5) years following the fiscal year;
(d) Unless disclosed within a separate schedule
to the financial statements, a summary of the financial obligations of the District at the
end of the fiscal year, including the amount of outstanding indebtedness, the amount and
terms of any new District indebtedness or long -term obligations issued in the fiscal year,
the amount of payment or retirement of existing indebtedness of the District in the fiscal
year, the total assessed valuation of all taxable properties within the District as of January
1 of the fiscal year, and the current mill levy of the District pledged to debt retirement in
the fiscal year;
(e) The District's budget for the calendar year
in which the annual report is submitted;
(f) A summary of residential and commercial
development which has occurred within the District for the fiscal year;
(g) A summary of all taxes, fees, charges and
assessments imposed by the District as of January 1 of the fiscal year;
(h) The name, business address and telephone
number of each member of the board of directors and its chief administrative officer and
general counsel, together with the date, place and time of the regular meetings of the
board; and
(i) A summary of any regular or special
election held during the fiscal year, together with a copy of the ballot and other election
materials, and a certification that such elections were held in conformance with all
applicable laws.
The Town Council, at a regular or special public meeting, may review and
discuss the annual reports received from each District. In the event the annual report is
not timely received by the Town Clerk, notice of such default shall be given by the Town
Clerk to the board of such District at its last known address. The failure of the District to
file the annual report within thirty (30) days of the mailing of such default notice by the
Town Clerk shall empower the Town Council to impose the sanctions authorized in
00 1 024000\PUBFIN\722117.5 - 8 -
Section 18.01.17. The remedies provided for non - compliance with the filing of the
annual report shall be supplementary to the remedy authorized under Section 32 -1 -209 of
Title 32.
18.01.06 Intergovernmental Agreement; Improvement
Guaranty. A District, unless an Existing District, shall not levy any taxes or issue any
debt until it enters into an intergovernmental agreement with the Town regarding the
enforcement of this Chapter and the provisions of the Model Service Plan. Such
intergovernmental agreement shall be in form and substance satisfactory to the Town
Manager and Town Attorney. The creation of a District shall not alter the obligation of
the developer of property in such District to provide the Town with improvement
guarantees or other collateral pursuant to the Town's Municipal Code.
18.01.07 Administrative Review of Plan. The Town staff shall
have up to 120 days (unless an extension of such review period is approved by the Town
Manager) from the date the Proposed Service Plan is filed, to complete an administrative
review. This time period may be extended as deemed necessary by the Town Manager
and the Petitioner shall be notified of the extension period. Once the review is complete,
an analysis of the Proposed Service Plan shall be prepared in the form of a written report
to the Town Council. The report shall set forth the recommendations of the staff for
approval, disapproval or conditional approval of the proposed service plan and the
reasons therefor.
18.01.08 Notice of Public Hearing. The Town Manager shall
schedule a public hearing at a regular Town Council meeting upon completion of the
administrative review report described in Section 18.01.07. Notice of the hearing shall be
published by the Town in an issue of the newspaper selected by the Town as the official
newspaper of publication at least 15 days but not more than 30 days prior to the
scheduled hearing date. The Petitioner shall reimburse the Town for all costs related to
such publication.
(a) Notice of the hearing shall also be mailed by'the Petitioner
by first class mail, on or before the date such notice is to be published to:
(1) The owners of record of all real property within the
District as such owners of record are listed in the Proposed Service Plan as well as
adjacent properties.
(2) The State of Colorado division of local government.
(3) The governing body of any municipality or district
which has levied an ad valorem tax within the next preceding tax year, and which has
boundaries within a radius of three miles of the proposed District's boundaries.
following:
(b) Contents of notice. The notice of hearing shall set forth the
(1) The date, time, location and purpose of the hearing.
00 1 024000\PUBFIM722117.5 - 9 -
(2) A general description of the land contained within
the boundaries of the proposed District.
.(3) Information outlining methods and procedures for
the filing of a petition for exclusion.
(4) A description of the type and purposes of the
proposed District.
(5) The maximum property tax levy to be imposed by
the proposed District and the maximum period.of time such levy shall be collected.
(6) The place at which the Proposed Service Plan may
be examined.
(7) A statement that all protests and objections must be
submitted in writing to the Town Council at or prior to the hearing or any continuance or
postponement thereof in order to be considered.
(8) A statement that all protests and objections to the
District shall be deemed to be waived unless presented at the time and in the manner
specified in this Chapter.
18.01.09 Public Hearing.
(a) The hearing held pursuant to Section 18.01.08 shall be
open to the public, and summary minutes shall be made by the Town Clerk. Any
testimony or evidence which, in the discretion of the Town Council, is relevant or
material to the organization of the District shall be considered.
(b) The Town Council may postpone or continue the hearing
until a later time or date or relocate the hearing by announcing such postponement,
continuance or relocation of the hearing or by posting notice at the originally scheduled
time and place of the hearing, and no further publication or mailing of the notice shall be
necessary.
18.01.10 Action by the Town Council.
(a) Upon its review of the report presented by the Town
Manager, the Proposed Service Plan, and any evidence presented at the public hearing,
the Town Council shall have the authority to:
Proposed Service Plan, or;
(1) Approve without condition or modification the
(2) Disapprove the Proposed Service Plan, or;
00 1 024000\PUBFIM722117.5 -10-
(3) Conditionally approve the Proposed Service Plan
subject to the submission of additional information relating to, or the modification of, the
Proposed Service Plan or by agreement with the Petitioner of the Proposed Service Plan.
(b) The Town Council shall disapprove the Proposed Service
Plan unless evidence satisfactory to the Town Council of each of the following is
presented:
(1) There is sufficient existing and projected need for
organized service in the area to be serviced by the proposed District.
(2) The existing service in the area to be served by the
proposed District is inadequate for present and projected needs.
(3) The proposed District is capable of providing
economical and sufficient service to the area within its proposed boundaries.
(4) The area to be included in the proposed District has,
or will have, the financial ability to discharge the proposed indebtedness on a reasonable
basis.
(c) The Town Council may conditionally approve the Proposed
Service Plan upon satisfactory evidence that it does not comply with one or more criteria
enumerated in subsection (b) of this section. Final approval shall be contingent upon
modification of the Proposed Service Plan to include such changes or additional
information as shall be specifically stated in the findings of the Town Council in order to
satisfy the criteria in subsection (b) of this section. Final approval of a Proposed Service
Plan may be withheld by Town Council until such changes are made to the Proposed
Service Plan or such additional information is provided.
(d) The Town Council may exclude territory from a proposed
District prior to approval of the Proposed Service Plan. Any person owning property in
the proposed District who requests his or her property be excluded from such District
prior to the approval of the Proposed Service Plan shall file such request with the Town
Clerk not later than five days prior to the public hearing held pursuant to
Section 18.01.09. However, the Town Council shall not be limited in its action with
respect to exclusion of territory based upon such request. Any request for exclusion shall
be acted upon before final action of the Town Council.
(e) The findings of the Town Council shall be based solely
upon the Proposed Service Plan, the report presented by the Town Manager, and any
evidence presented at the public hearing by the Petitioners, Town officials, and interested
parties.
(f) Decisions of the Town Council concerning a Proposed
Service Plan shall be in the sole discretion of the Town Council. Any waiver of the
provisions of this Chapter 18.01 in connection with a Proposed Service Plan shall not be
001024000 \PUBFIN\722117.5 - 11 -
deemed as an amendment of this Chapter unless the Town Council adopts an ordinance
expressly amending this Chapter 18.01.
18.01.11 Written Determination by Town Council.
(a) Within 30 days after completing the public hearing held
under this Chapter, the Town Council shall adopt a resolution regarding the Proposed
Service Plan.
(b) If the Proposed Service Plan is approved, a resolution of
approval shall be adopted.
(c) If the Proposed Service Plan is disapproved, a resolution of
disapproval shall be adopted. The resolution shall include the reasons for such
disapproval.
(d) If the Proposed Service Plan is conditionally approved, the
amendments to be made in or additional information relating to the Proposed Service
Plan, together with the reasons for such amendments or additional information, shall also
be set forth in writing, and the public hearing shall be continued until such amendments
or additional information are incorporated in the Proposed Service Plan. Upon the
satisfactory incorporation of such amendments or additional information in the Proposed
Service Plan, the Town Council shall adopt a resolution of approval.
(e) A resolution passed by the Town Council shall document
the determination of the Town Council. No action or proceeding, at law or in equity, to
review any acts or proceedings or question the validity of any determination by the Town
Council related to the Proposed Service Plan pursuant to this Chapter, whether based
upon irregularities or jurisdictional defects, shall be maintained in the district court of
Eagle County unless commenced within 30 days after the passage of the Town Council
resolution. Thereafter, any legal proceedings shall be barred. Should the court determine
that the action of the Town Council regarding the Proposed Service Plan was arbitrary,
capricious, or unreasonable the court shall remand the matter back to the Town Council
with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable
result.
(f) In the manner and to the extent provided in this article, the
Town Council shall maintain continuing jurisdiction over the Service Plan and shall
exercise its rights in relation thereto.
18.01.12 Compliance; modification; enforcement.
(a) Upon final approval by the district court of the organization
of the District, the Petitioner shall file written notice thereof with the Town Manager.
(b) After the creation of a District, Material Modifications to
the Approved Service Plan may be made by the board of directors of the District only by
petition to and approval by the Town Council in accordance with Section 18.01.15.
00 1 024 00 0 \PUBFIN\722117.5 -12-
(c) Any material departures from the Approved Service Plan,
unless such has been modified with the approval of the Town Council pursuant to
Section 18.01.15, shall be considered to be a violation of this Chapter, and the Town shall
be entitled to all remedies available under law, including an action to enjoin such
violation by the District.
(d) Nothing herein prohibits the Town from conducting or
requires the Town to conduct a quinquennial review pursuant to Section 32 -1- 1101.5 of
Title 32.
18.01.13 Material Modification. The occurrence of any of the
following actions, events or conditions ( "Events ") after (I) approval of an Approved
Service Plan, (II) written notice from the Town of such Event is provided to the District
and (III) the District fails to correct or cure such Event within ninety (90) days from
receipt of such notice or fails to request a hearing under Section 18.01.14 (provided,
however, if the District cannot reasonably correct or cure such Event within such ninety
(90) day period, the District commences its correction or cure within such ninety (90) day
period and diligently pursues the same to completion), are deemed changes of a basic, or
essential nature which constitute a Material Modification which shall require a service
plan amendment:
(a) Any issuance of debt or proposed issuance of debt with a
pledge or that would result in a pledge that exceeds the maximum mill levy or the
maximum mill levy imposition term.
(b) Failure to pay principal or interest of any District bonds,
notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing
issued or incurred by the District which:
(1) Persists for a period of one hundred twenty (120)
days or more;
(2) The delinquent payment(s) aggregates at least either
Fifty Thousand Dollars ($50,000.00) or ten percent (10 %) of the outstanding principal
balance of the indebtedness; and
(3) The creditors have not agreed in writing with the
District to forbear from pursuit of legal remedies.
(c) The institution of a proceeding for debt adjustment or the
confirmation of a plan for adjustment of debt under Chapter 9 of the Bankruptcy Code;
(d) The failure of the District to develop any public
improvement or other capital facility proposed in its service plan or to provide any
approved service by the time necessary to serve the approved development within the
District;
001024000 \PUBFIN\722117.5 -13 -
(e) Failure of the District to realize at least seventy -five
percent (75 %) of the development revenues (including developer contributions, loans or
advances) projected in the financial portion of the service plan during the three -year
period ending with the report year, where development revenue is defined as fees,
exactions and charges imposed by the District on residential and commercial
development, excluding taxes, provided that the disparity between projected and realized
revenue exceeds Fifty Thousand Dollars ($50,000.00);
(f) The development of any capital facility in excess of Ten
Thousand Dollars ($10,000.00) in cost, or the provision of any service which is not either
identified in the service plan or authorized by the Town in the course of a separate
development approval;
(g) The occurrence of any event or condition which is defined
under the service plan or intergovernmental agreement as necessitating a service plan
amendment;
(h) The default by the District under any intergovernmental
agreement with the Town;
(i) The inclusion or exclusion of any property into or from the
District's boundaries without first obtaining the consent of the Town;
0) Any of the events or conditions enumerated in Section' 2-
1- 207(2) of Title 32.
18.01.14 Determination of Applicability. Should the District
dispute that one (1) or more of the Events enumerated in Section 18.01.13 has occurred, it
may request a hearing before the Town Council within ninety (90) days after written
notice from the Town of such occurrence. After hearing and receipt of any relevant
information presented by the District and the recommendation of the Town Manager, the
Town Council shall make a finding as to whether such occurrence constitutes a Material
Modification. If the Town Council concludes a Material Modification has occurred, the
District shall comply with Section 18.01.15. The Town Council shall retain the
prerogative to require an amendment thereafter if the change or deviation, on a
cumulative basis, subsequently becomes material. In making its determination, the Town
Council may consider, among other relevant information, whether the modification will
have an adverse financial impact on the Town.
18.01.15 Amendment. If a Material Modification is found to have
occurred under Section 18.01.13 or Section 18.01.14, within ninety (90) days of finding
such Event has occurred, the board of directors of the District shall forward a petition to
the Town Council requesting a service plan amendment. The petition for amendment
shall include, among other relevant information:
(a) Any information or documentation required under the
applicable provisions of Title 32;
001024000\PUBFIN\722117.5 -14-
TOWN OF AVON, COLORADO
WORK SESSION MEETING FOR TUESDAY, NOVEMBER 13, 2007
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL
DAVE DANTAS
IKRISTI FERRARO
AMY PHILLIPS
TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN
TOWN MANAGER: LARRY BROOKS
TOWN CLERK: PATTY MCKENNY
THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
WORK SESSION AGENDA
MEETING BEGINS AT 1:15 PM
1:15 PM — 3:30 PM 1. EXECUTIVE SESSION Pursuant to CRS 24 -6 -402 (4)(f) for the purpose of
discussing personnel matters and Pursuant to CRS 24 -6 -402 (4)(b)
conference with town attorney for the local public body for the purposes of
receiving legal advice on specific legal questions & discussion related to the
Village at Avon School Site. Location, and possible exclusion of Eagle Bend
from Eagle Vail Metro District.
3:30 PM — 4:00 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES
a. USFS Update (Ron Wolfe, Mayor)
b. Channel 5 Update (Amy Phillips, Councilor)
c. Vail Valley Partnership /SBDC Update (Amy Phillips, Councilor)
4:00 PM — 4:30 PM 3. HOUSING DISCUSSION FOLLOW -UP (Eric Heidemann, Director of Community
Development) Discussions related to most recent meetings with Community
Development Subcommittee and the development community. Staff will ask for input
from Council on pursuing a new direction toward implementing an Attainable Housing
policy
4:30 PM — 5:15 PM 4. REAL ESTATE TRANSFER TAX DISCUSSION (Scott Wright, Asst. Town Manager
Finance) Overview of RETT, revenues generated and projected impact related to
proposed changes
5:15 PM 5. ADJOURNMENT
Memo
C O L O R A D O
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann, AICP, Community Development Director
Date: November 13, 2007
Re: Attainable Housing
Summary:
Since the last time Attainable Housing policy options were discussed before Council on
August 28, 2007, Staff has had several meetings with the Community Development
Subcommittee and the local development community. As a direct result of the feedback
received since the previous presentation before Council, Staff would like to pursue a new
policy direction for an effective method of implementing an Attainable Housing policy in the
Town of Avon.
Instead of amending Title 17, Zoning, Avon Municipal Code, Staff is proposing to amend the
Housing (F) topic area of the 2006 Town of Avon Comprehensive Plan to insert additional
detail related to the provision of additional desired housing types. The additional detail will
include calculations for Commercial and Residential Linkage tied to new applications for
rezoning; acceptable methods of mitigation; and residency qualifications.
As a point of discussion, staff would like Council to provide Staff direction regarding the use
of the Residential and Commercial Linkage calculations, as well as general parameters for a
Comprehensive Plan Amendment. Staff has attached a copy of the current Housing
Element from the Comprehensive Plan as well as the "Building Blocks" outline that was
previously presented at the Community Development Subcommittee. These will likely
become the basis for an eventual Plan Amendment. During the worksession, Staff will also
present several development scenarios that demonstrate how the Residential and
Commercial calculations would be performed.
Town Manager Comm
Attachments:
Housing Element from the 2006 Comprehensive Plan
Attainable Housing "Building Blocks"
Goals and Policies
r9
LA
■
capitalize on an overall
community image rather th
single venue or event.
Policy E.3.13: Encourage collabo e
40
approaches be the various
community s eholders, such
as but not ted to the Eagle
Cozen ail Valley Chamber
an urism Bureau, Beaver
ek Resort Company, Vail
esorts, Eagle County School
District, Town of Avon Parks
and Recreation Department, and
agle County Library District to
ance Avon's overall guest
po ial.
Policy E.3.14: Achieve eater use of existing
natural ass e and facilities in
the communi ith an
expanded schedu f events to
strengthen the Town ear -
round guest potential a to
provide an amenity for 1
residents.
F. Housing
e
Goal FA. Achieve a diverse range of quality housing
options to serve diverse segments of 1 h', e,
population.
Policy F.1.1: Establish policies and programs
,
that would address housing
needs identified in a periodic
housing needs assessment.
Policy F.1.2: Encourage private development
to include a diversity of housing
types, sizes, architectural styles,
and prices.
Goal?F.2. Provide a workforce housing program =that.
incorporates both ".dental and ownership
" °opportunities for residents that,are
attract ve safe and;i�tegrated.with the
eommunify":
Town of Avon Comprehensive Plan
Page 52
■
Goals and Policiea
Policy F.2.1: Require that development,
annexations, and major
redevelopment includes or
otherwise provides for
workforce housing.
Policy F.2.2: Require that workforce housing
is integrated with, rather than
separated from, the rest of the
community.
Policy F.2.3: Require workforce housing to
be close to existing
development, serviced by
transit, and close to
schools /child care.
Policy F.2.4: Establish a definitive dwelling
unit size and quality standards
for required workforce housing
as part of any development or
redevelopment agreements.
Policy F.2.5: Adhere to the principle of "no
net loss" to workforce housing.
Goal F 3 Rarticipate in countywide ?h =ousing'�olicies
and .procedures .
Policy F.3.1: Participate in countywide down -
payment assistance program.
Policy F.3.2: Collaborate on joint housing
studies and strategies to avoid
jurisdictional shopping.
. Transportation
e invit
bicy
es
Policy G.1.1:
Town of Avon Comprehensive Plan
page 53
ier non_ motorized
Connect pee , bicycle, and
vehicular circulatio tems
with regional transit (inc
S
Attainable Housing Building Blocks
1. APPLICABILITY -All rezoning applications where there is a change in land use or land
use intensity; this section should be structured to allow Council discretion to waive a
housing requirement if the amendment (i.e. minor text change) doesn't constitute change in
use or intensity.
2. DETERMINE MITIGATION - Use commercial and residential linkages to determine the
number of employees directly and indirectly created and convert employees to households
using Eagle County -wide data. Level of mitigation should be based on what is determined
to be reasonable by Council, given all other public benefits provided.
3. COST OF MITIGATION- Every household created earns the AMI, calculate the gap
between what the AMI can afford and the cost of the median dwelling, number of
households times the gap for a total economic impact.
4. FUNDING MITIGATION- Pass cost to the purchasers /owners of the residential and
commercial property of the project... they are the cause of the need and the beneficiary of a
balanced community, needed labor, services and amenities. Use any /all funding tools of:
- upfront cash payment rolled into sales price of free - market space /units
-real estate transfer fee
-mill levy conveyed annually (HOA or Special District)
-Sales Fee on retail portions
-town participation using incremental tax revenue generated by the project
(rebates, URA, TIF, etc.)
• independent financial auditor used
• Exempt deed restricted units
• Collectively these revenue streams must finance the costs of impact
• TOA contribution and participation may include:
- increased density
- creative flexibility of footprint and setbacks
- off -site parking allowances
- reduced /forgiven fees for included restricted - ownership units
S. USE OF FUNDS - Develop a strategic plan which includes: Buy land, build /buy
ownership - restricted units as an equity partner, including units within project...
6. OCCUPANCY RESTRICTIONS - Use any or a combination of the following
- own /work requirement with tough periodic re- verification:
95% of total income must be earned in Eagle County
Retirement requires prior 5 years meeting above
size restriction for primary secondary residential structures
High end rental units
no appreciation rules,
appreciation caps
appreciation cap match region AMI
MI
arbitrary % cap per year
both of the above whichever is greater
Z MANAGEMENT
Cooperative regional entity markets, sells, qualifies buyers, provides down payment
assistance, helps with mortgages, acts as a broker, maintains data, etc. for all
communities.
S
Appendix `D'
Employment Generation Rates and Housing Unit Formula
Non - Residential Employment Generation Rate and Housing Unit Formula
The "Nexus/Proportionality Analysis for Employment/Housing Linkage Programs ", prepared for
Eagle County in 2001 by the RRC Associates Team (hereinafter referred to as the "RRC White
Paper "), established certain employment generation rates for general categories of nonresidential
uses.
The RRC White Paper also identified and quantified certain factors necessary to convert the
number of employees generated to the number of housing units required to house the employees.
These factors included the following:
Multiple job holdings — The 1999 Eagle County Housing Needs Assessment that employees in
Eagle County hold an average of 1.2 jobs. In determining the number of housing units required to
accommodate new employees, the number of new employees must be reduced by this factor
representing multiple job holdings.
Multiple worker households — Employees often live together in family and unrelated roommate
households. According to the Eagle County Housing Needs Update, 2001 Update, 1.92 persons
per household are employed, on average. In determining the number of housing units required to
accommodate new employees, the number of new employees must also be reduced by this factor
representing multiple worker households.
Non - Residential Employee Generation Rate
Source: RRC White Paper
All Calculations are Based on Per 1,000 S.F. Basis
All Calculations for Lodging /Hotel are Based on Per "Room" Basis
All Calculations for Property Management are Based on Per "Unit' Basis
23 4
(A)
(B)
(C)
(D)
Total Employees
Employees
Local Resident
Housing
Generated
Generated
Housing Unit
Requirements
Reduced for Multiple
Needs
10% Mitigation of
Job Holdings
Employees Reduced
Local Resident
for Households with
Housing Unit Needs
Multiple Workers
(Per 1,000 S.F., Unit,
[(A)/1.2 Jobs Per
[(B)/1.92 Employees
[(C) X.1 Mitigation
Land Use Categories
or Room)
Employee]
Per Household]
Rate]
Source: RRC White Paper
All Calculations are Based on Per 1,000 S.F. Basis
All Calculations for Lodging /Hotel are Based on Per "Room" Basis
All Calculations for Property Management are Based on Per "Unit' Basis
23 4
Residential Employment Generation Rate and Housing Unit Formula
The "Nexus/Proportionality Analysis for Employee /Housing Linkage Programs" also established
certain generation rates for permanent residential employees, in terms of full time equivalent
(FTE) employees, based on the size of the residential unit.
The RRC White Paper also identified and quantified certain factors necessary to convert the
number of employees generated to the number of housing units required to house the employees.
These factors included the following:
Multiple job holdings - Because employment generation rates are presented in terms of full -time
equivalents (FTE), they do not need to be adjusted for multiple job holding.
Multiple worker households - According to the Eagle County Housing Needs Update, 2001
Update, 1.92 persons per household are employed, on average. In determining the number of
housing units required to accommodate new employees, the number of new employees must also
be reduced by this factor representing multiple worker households.
Residential Employee Generation Rate
Size of
Residential
Units
(Square Feet)
(A)
Employees
Generated
(FTE)
(B)
Local Resident
Housing Unit
Needs FTE
Reduced for
Households with
Multiple Workers
[(A)/1.92 Employees
Per Household]
Housing
Requirements
10% Mitigation of
Local Resident
Housing Unit Needs
[(B) X.1 Mitigation
Rate]
Less Than 500
0.09
0.05
0.005
500 -999
0.10
0.05
0.005
1000 -1499
0.10
0.05
0.005
1500 -1999
0.12
0.06
0.006
2000 -2499
0.13
0.07
0.007
2500 -2999
0.14
0.07
0.007
3000 -3499
0.15
0.08
0.008
3500 -3999
0.17
0.09
0.009
4000 -4499
0.18
0.09
0.009
4500 -4999
0.20
0.10
0.010
5000 -5499
0.22
0.11
0.011
5500 -5999
0.24
0.13
0.013
6000 -6499
0.26
0.14
0.014
6500 -6999
0.29
0.15
0.015
7000 -7499
0.32
0.17
0.017
7500 -7999
0.35
0.18
0.018
8000 -8499
0.38
0.20
0.020
8500 -8999
0.42
0.22
0.022
9000 -9499
0.46
0.24
0.024
9500 -9999
0.50
0.26
0.026
10000 -10499
0.55
0.29
0.029
10500 -10999
0.61
0.32
0.032
11000 -11499
0.66
0.34
0.034
11500 -12000
0.73
0.38
0.038
Any applicant, reviewing body or affected outside party that can demonstrate the subject
application will actually create a greater or fewer number of employees than indicated in the
24 1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Asst. Town Manager - Finance Director
Date: November 8, 2007
Re: Real Estate Transfer Tax Discussion
Summary:
This memorandum is a follow -up to the discussion during the Town's budget retreat as to the
financial implications of changing the Town's real estate transfer tax (RETT) primary
residence exemption (exemption).
Previous Council Action:
The last legislative action to be taken regarding the exemption was January 1, 1998 when the
exemption was increased from $80,000 to $160,000. I have attached my memorandum to the
Council dated December 6, 2006, that provides a general discussion and history of the real
estate transfer tax.
Financial lmalications:
The following data, assumptions and financial implications are based upon two primary areas
of discussion: (1) increasing the exemption for a primary residence; and, (2) eliminating the
"one -time only" qualification clause for a primary residence. The indexing of the amount of
the exemption is also discussed briefly. It should also be noted that other behavioral impacts
of changing the exemption have not been quantified.
Increasing the Exemption for a Primary Residence
In 2005 and 2006, the Town issued a total of 193 total primary residence exemptions totaling
$616,290 in RETT revenues. Based on this data, the financial impact of increasing the
exemption approximates $186,000 per every $100,000 of sales price exempted. As an
example, if the exemption were increased from its current level of $160,000 to $320,000, the
Page 1
financial impact the Town could expect would be approximately $308,000 in reduced RETT
revenues per year.
Eliminating the One -time Only Qualification
Based on the data collected from the Town of Avon Housing Needs Assessment from
December 2006, the total number of privately owned units in Avon is approximately 2,948.
This consists of 2,063 condominiums, 737 townhomes and single unit attached or detached
units, and 148 mobile homes. Mobile homes are not considered real estate for purposes of the
RETT and therefore a excluded from this analysis.
Based on the Needs Assessment, in 2006 the ratio of owners with Avon/Eagle County
addresses versus out -of- county addressed was approximately 60% / 40 %. In other words,
forty percent (40 %) of the 2,800 privately owned units in Town or 1,120 are owned by second
home owners. Because only primary residences qualify for the exemption, these have also
been excluded from this analysis.
Mortgage lenders assume that a home owner remains in their home on average for seven
years. Of the remaining 1,680 units, if we assume that 15% (1 /7t') of the units are sold each
year that equates to a total of 252 units per year. Assuming that 10% of these sales would be
current Avon homeowners that would buy into another Avon home, that equates to
approximately 25 transactions.
I have used the following assumptions in this analysis: (1) the one -time only qualification is
eliminated; (2) current Avon homeowners receive another exemption for moving within the
Town; (3) the current exemption is increased to $320,000; and (4) approximately 25 of these
transactions would occur as calculated above. Based on these assumptions, the financial
impact to the Town would be approximately $160,000 per year.
Recommendation:
Staff is recommending that the Council not consider any changes to the exemption or the
qualifications for exemption at this time. The failure of staff to recommend a change is strictly
from a financial point -of -view of the Town's Capital Projects Fund as follows:
• Based on the discussions above, the potential loss of RETT revenues could be as high
as $468,000 per year.
• Discretionary capital projects in the amount of approximately $56 million have been
identified for Council in the Town's long -range capital improvements program,
including a second phase of the Avon Recreation Center, a public works /
transportation facilities improvement program, and a new municipal building.
Approximately $28 million of these projects is still unfunded. While these projects are
considered discretionary due to the lack of funding at this time, in reality they are
projects related to the growth of the Town and the impact of that growth on the level
of municipal services.
• Page 2
• The Avon Urban Renewal Authority is still in its infancy and the financial modeling
for the Town Center West project continues to change due to increases in construction
costs. It is not unlikely for the Town to have to "front" funds to the Authority for
completion of the initial public improvements.
There have been some mention of other modifications to the exemption, including indexing
the exemption, and place -of -work requirements. While increasing the exemption is always a
right of the Town Council, it is not recommended that a specific index be used or a specific
time frame be required that would bind the Council to any future action. Because of TABOR
this type of legislation would not be able to be amended at any time in the future. In addition,
place -of -work requirements that would further restrict the current qualifications for the
exemption are not allowed under TABOR.
Town Manager Comments:
r.
Attachments:
A — Memo to Town Council dated December 6, 2006
• Page 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: December 6, 2006
Re: Real Estate Transfer Tax Exemption Increase Discussion
Summary:
On Tuesday, during the worksession, I will give a PowerPoint presentation and lead a
discussion regarding the Town's real estate transfer tax, exemptions, statistical information,
financial impacts, and the legal implications of changes pursuant to TABOR.
Discussion:
State History. The. real estate transfer tax is levied on the conveyance of real property within a
taxing jurisdiction. The Town of Avon adopted the first real estate transfer tax in Colorado in
October, 1978.
There are currently 12 Colorado municipalities, including Avon, reporting a real estate transfer
tax. The TABOR Amendment, passed by voters in 1992, prohibits any new or increased real
estate transfer taxes. The municipalities are as follows:
City/Town
Rate
Earmarking
Aspen
1.5%
1% restricted for affordable employee housing; .5%
restricted for debt service and maintenance of Wheeler
Opera House
Breckenridge
1%
Capital improvements
Crested Butte
3%
1.5% for open space; 1.5% for general capital
Frisco
1.5%
Open space
Gypsum
1%
Minturn
1%
Ophir
4%
Snowmass Village
1%
Transportation capital
Telluride
3%
Capital improvements
Vail
1%
Open space, parks maint. & development, bike paths
Winter Park
1%
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In addition to western slope municipalities, there are several Eagle County homeowner
associations which levy a real estate transfer fee for real estate conveyances as follows:
• Eagle Ranch Homeowners Association. Real estate transfer fee of 1%. 0.2% goes to
an affordable housing fund, 0.2% goes for a wildlife fund, and the remainder can be
used for any general purpose.
• Bachelor Gulch Village Association. Real estate transfer fee of 2 %. No other
common assessments. Not earmarked, may be used for any.legal purpose.
• Red Sky Ranch Association. Real estate transfer fee of 2 %. Not earmarked, may be
used for any legal purpose.
• Arrowhead at Vail. Real estate transfer fee of 1 %. Not earmarked, may be used for
any legal purpose.
• Beaver Creek Resort Company. Real estate transfer fee of 2.5% 0.35% is earmarked
for Vilar Center debt service.
Town History. The original real estate transfer tax was adopted by Ordinance 78 -08 in
October, 1978 and provided fora 1% tax on real estate conveyances. The first $150,000 was
to be deposited into the Town's general fund. Once that amount was reached, any excess
amounts were to be divided equally between the general fund and the public works fund.
In July, 1987, Ordinance 87 -17 changed the RETT tax from 1% to 2 %, and in August, 1987,
Ordinance 87 -19 amended the Municipal Code to provide that 100% of the revenues be
deposited into the public improvements fund of the Town.
The first primary residence exemption was passed by Ordinance 89 -12 and became effective
September 1, 1989. The exemption provided for an amount equal to four (4) times the median
household income of Eagle County as announced by the Department of Housing and Urban
Development. Three months later Ordinance 89 -15 changed the exemption to be a flat
$80,000.
The last increase in the primary residence exemption was effective January 1, 1998.
Ordinance 97 -12 increased the exemption from $80,000 to $160,000.
TABOR Issues. As mentioned above, the TABOR Amendment, passed by voters in 1992,
prohibits any new or increased real estate transfer taxes. In addition, TABOR requires voter
approval for "a tax policy change causing a net tax revenue gain." Therefore, if the council
enacted a permanent increase in the amount of the exemption, it could not thereafter reduce
the amount, as doing so would be a tax policy change causing a net tax revenue gain.
Village at (Avon). Pursuant to the 1998 Annexation and Development Agreement with Traer
Creek, the Public Improvement Company is required to incorporate an exemption equivalent
to the Town's primary residence exemption. Traer Creek has been contacted for input into the
financial impacts of raising their exemption but we have not yet heard back.
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