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TC Council Packet 03-09-2010TOWN OF AVON, COLORADO AVON AVON REGULAR MEETING FOR TUESDAY, MARCH 9, 2010 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT a. IronKids Event Update, 2010 Event Dates July 10th &11th (Executive Director) Review 2010 IronKids event details 5. CONSENT AGENDA a. Minutes from February 23, 2010 b. Western Enterprise, Inc. Contract for Salute to U.S.A Fireworks production (Meryl Jacobs, Recreation Director) 6. RESOLUTIONS a. Resolution No. 10 -09, Series of 2010, Resolution in Support of GreenPort Initiative (Ross Graves & Vince Cook, GreenPort Sustainable Communities Corporation) Introduce the Greenport Initiative and Resolution in support of the "transit oriented Economic Development Corridor 7. ORDINANCES a. Public Hearing on Ordinance No. 10 -02, Series of 2010, Second Reading Ordinance Adopting 2009 International Building Codes (William Gray, Chief Building Official) Adoption of the most recent Building Codes / Continued from February 23, 2010 meeting b. Ordinance No. 10 -04, Series of 2010, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use (Matt Pielsticker, Planner II) c. Ordinance No. 10 -05, Series of 2010, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use (Matt Pielsticker, Planner II) 8. APPEAL BY TRAER CREEK PLAZA, LLC a. Appeal by Traer Creek Plaza, LLC concerning the Traer Creek Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code (Eric Heil, Town Attorney) 9. TOWN MANAGER REPORT 10. TOWN ATTORNEY REPORT Avon Council Meeting. 10.03.09 Page 3 of 4 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 23, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Pro Tern Brian Sipes called the meeting to order at 5:40 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, and Buz Reynolds. Mayor Ron Wolfe was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Management Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, Assistant Town Manager Community Development Sally Vecchio and Public Works and Transportation Director Jenny Strehler as well as members of the public. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST There were no changes to the agenda. Michael Cacciippio asked if there would be public input on the Traer Creek appeal, it was noted that there would not be a public hearing on the matter. When asked if there were any conflict of interest related agenda items, Councilor Reynolds noted that he would step down for item 7 a) Gandorf Deed Restricted Housing Document. CONSENT AGENDA Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Dantas moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. a. Minutes from February 9, 2010 ORDINANCES Town Attorney Eric Heil noted that public input had been received from the Eagle River Water & Sanitation District on Ordinance No. 10 -02, updating the Building Codes. Staff noted that they would need additional time to review this input, and therefore requested that Council continue action on the ordinance until the next meeting. Mayor Pro Tern Sipes opened the public hearing, no comments were made, and the hearing was closed. Councilor Phillips moved to continue Ordinance No. 10 -02, Series of 2010, Second Reading, Ordinance Adopting the 2009 International Building Code by Reference and Repealing and Amending Title 15 of the Avon Municipal Code in its Entirety to the March 9, 2010 meeting. Councilor Carroll seconded the motion and it passed unanimously. (Wolfe absent). UNFINISHED BUSINESS Councilor Reynolds stepped down at this time due to a conflict of interest. Eric Heil, Town Attorney, presented the "Deed Restriction Form" with a review of the language; it was noted that this document was prepared as a condition of approval for the Gandorf PUD. The revisions refined the terminology as well as defined the default, enforcement and option to purchase remedies in the event of default or foreclosure. He noted that a "qualified owner" would need to reside in Eagle County. Councilor Ferraro moved to approve the form of the deed restriction for the Gandorf PUD; Councilor Phillips seconded the motion and it passed unanimously by those present (Reynolds recused; Wolfe absent). RESOLUTION Shane Pegram, Engineer II, presented Resolution No. 10 -04, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 12, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. He noted that the applicant submitted a final plat to resubdivide the existing Lot 12 Block 3 into 2 district lots, Lots 12N & Lots 12S. After some brief discussion, Councilor Dantas moved to approve Resolution No. 10 -04, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 12, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Carroll seconded the motion and it passed unanimously by those present (Wolfe absent). Shane Pegram, Engineer II, presented Resolution No. 10 -05, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 13, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. He noted that the applicant submitted a final plat to resubdivide the existing Lot 13 Block 3 into 2 District Lots, Lots 13N & Lots 13S. Some discussion ensued about the driveway easements. Councilor Ferraro moved to approve Resolution No. 10 -05, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 13, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Carroll seconded the motion and it passed unanimously by those present (Wolfe absent). Meryl Jacobs, Recreation Director, presented Resolution No. 10 -06, Series of 2010, Resolution Approving a Lease Form for the Recreation Center with a review of the proposed lease form to use for leasing Avon Recreation Center space for physical therapy services. Several comments were made related to the following: ✓ Include other remedies in case of default of the lease ✓ The lease should be comparable to other commercial leases ✓ Address what happens when there is a shut -down of the facility ✓ Address the times of services ✓ What are the terms for them on the maintenance of their premises ✓ How do we account for the initial $7K investment ✓ Include what are the damages for termination Councilor Ferraro moved to approve Resolution No. 10 -06, Series of 2010, Resolution Approving a Lease Form for the Recreation Center subject to revisions to be made by legal subcommittee and town attorney. Councilor Phillips seconded the motion and it passed unanimously by those present (Wolfe absent). It was also suggested to make sure the lease was executed prior to the improvements being made to the space. Mayor Pro Tern Sipes read into the record Resolution No. 10 -07, Series of 2010, Resolution in appreciation of Brian Kozak's Years of Service as Avon's Police Chief. APPEAL BY TRAER CREEK PLAZA, LLC Mayor Pro Tern presented the Appeal by Traer Creek Plaza, LLC concerning the Traer Creek Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code. He noted that Community Development staff and the town attorney would present first, and following them would be the applicant Traer Creek Plaza, LLC. Regular Council Meeting Page 2 of 4 10.02.23.doc Sally Vecchio, Assistant Town Manager Com Development presented a brief summary on the application, the timeline and milestones. She also referred to Avon Municipal Code Section 16.12.050 and her memo dated February 1, 2010 as the basis for the town clerk denying scheduling the application on the Council agenda. In summary there was no real resolution to their concerns outlined in this memo. Eric Heil, Town Attorney, referenced the Avon Municipal Code section 16.12.050(b) and the language that supported the Town Clerk's decision to deny scheduling the application; see memo dated February 2, 2010. Mr. Heil also spoke about Avon Municipal Code Section 16.12.050(c), and the town's position that the Traer Creek Metro District is in default under an agreement with the Town, which is asserted by the Town in Case No. 2008 CV 0385, filed in Eagle County District Court in Colorado. He noted several additional letters that needed to be included into the record as follows: ✓ December 23, 2009 letter from Mr. Heil to Mr. Repucci ✓ November 23, 2009 Letter from Mr. Repucci to Mr. Heil ✓ Letters of Notices of Default as follows: ➢ From Town Attorney to Darlene Sisneros dated 9/24/09 ➢ From former Town Attorney John Dunn dated: September 3, 2008 August 1, 2008 June 2, 2008 May 1, 2008 April 1, 2008 February 4, 2008 January 4, 2008 December 3, 2007 November 8, 2007 He asked that several email correspondence presented in the town council materials should be removed as these letters were confidential in nature between the town attorney and staff members. Only email correspondence between the town and the applicant will be included in the record. Mr. Heil noted that the code does require written finding be included as a report with the Council's decision. Representatives from Traer Creek Plaza, LLC included Michael Repucci, Repucci & Johnson LLP, Marcus Lindholm, and Michael Lindholm. He cautioned everyone about talking too much about the merits of the application, when the appeal is really about not placing the matter on the agenda. Mr. Repucci presented some of the issues that have been surrounding the application related to the public parking garage in light of the public financing to construct the garage. He referred to one suggestion to solving the concerns was addressed in the proposed plat map note 19; he noted that they are interested in understanding why this plat not does not address the town's concern. The applicant agrees that the parking should remain public into perpetuity. Mr. Repucci noted that their belief is that the PUD guide supersedes anything in the town's code; and the parking regulations of the PUD Guide were adopted and are final in guiding this application. Mr. Repucci addressed the issue related to "who is the land owner" and therefore who should be identified on the application. He noted that the only land owner is Traer Creek Plaza LLC, and that Traer Creek Metropolitan District is not a land owner. Mr. Repucci asked that the Town Council reverse the decision of staff and place the application back on an agenda so that it can be heard on its merits. Mr. Repucci asked that the record be closed at this time and no other documents would be used to make the final decision. Some discussion ensued about this request; Mr. Heil asked that the records he identified earlier be included in this record. Mr. Repucci asked that there is not further discussion with council members about this matter. Regular Council Meeting Page 3 of 4 10.02.23.doc Some further discussion ensued about "who" should be on the application. There were some questions and comments about the rights of those parties listed on easement agreements. It was noted that the letter dated November 23, 2009 from Mr. Repucci to Mr. Heil be included in the record. Mayor Pro Tern Sipes noted that the town attorney would provide a "findings of fact and final decision" to this matter for the next meeting. The Council was reminded that a decision would be required within 35 days of February 23, 2010. Some discussion ensued about the next meetings and if necessary, a special meeting would be called in order to meet the 35 day deadline. A request was made to close the record at this time, the record included the written communication on the application, and Mr. Repucci would be allowed to review the record. It was noted that the Annexation and Development Agreement, the Avon Municipal Code were not part of the complied notebook records, but should be included as part of the public record. Councilor Carroll moved to close the record on the appeal matter; Councilor Ferraro seconded the motion and it passed unanimously (Wolfe absent). There being no further business to come before the Council, the regular meeting adjourned at 7:45 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 10.02.23.doc TOWN OF AVON, COLORADO Avg K AVON REGULAR 'MEETING FOR TUESDAY, MARCH 9, 2010 [ O L O M A D 0 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 11. MAYOR REPORT 12. ADJOURNMENT FUTURE AGENDA DATES & PROPOSED TOPICS: March 23, 2010: Joint Meeting Planning & Zoning Commission on Unified Land Code, Joint Meeting with Eagle County Board of Commissioners Avon Council Meeting. 10.03.09 Page 4 of 4 MEMO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved By: Meryl Jacobs, Director of Recreation and Cultural Services From: Danita Chirichillo — Special Events Supervisor Date: March 4, 2010 Re: Fireworks Production Contract between Town of Avon and Western Enterprises Summary: Attached for signature is the contract with Western Enterprises to facilitate the 2010 Westin Riverfront Resort & Spa Salute to the USA fireworks display scheduled for Saturday, July 3. Staff has worked with Western Enterprises and the fire department to create an "Attachment A" which helps to clarify the operational procedures for perimeter security, discharge /display sites and responsibilities of each party. The Town Attorney has recommended the addition of "Addendum No. 1" which contains standard municipal protection provisions. Financial Implications: The contract price for 2010 is the same as in 2009, which is $61,000. The Town will receive a discount of $3,050 if the invoice is paid by April 30. Recommended Action: Authorize the Mayor to sign the attached contract between the Town of Avon and Western Enterprises for the purchase and production of the fireworks display for the 2010 Westin Riverfront Resort & Spa Salute to the USA. Town Manager Comments: Attachments: Production Contract, Attachment A, Addendum No. 1 FIREWORKS PRODUCTION CONTRACT 1 of 3 I. This Contract is entered into this day of , 20 by and between WESTERN ENTERPRISES, INC., designated herein as the "SELLER ", and TOWN OF AVON, designated herein as the "PURCHASER" fora fireworks production to be held on JULY 3, 2010. 2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display, along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal, State or Local laws that might be applicable. 3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks display for any "duds" or other material that might not have ignited. Any such material found by any person other than the Operator shall be turned over to the Operator, or the proper authority having jurisdiction, for safe handling or disposal of said material. 4. PURCHASER will furnish a secured area with minimum safety distances established by the SELLER after an on -site inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display. 5. No Purchaser Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority thereby, there shall be no personal liability of the PURCHASER, its officers, staff, consultants, officials, attorneys, representatives, agents, or employees. 6. Indemnification. The SELLER agrees to indemnify and hold harmless the PURCHASER and its officers, attorneys, agents, employees, representatives, insurers, and self - insurance pool from and against all liability, claims, and demands on account of injury, personal injury, sickness, disease, death, property loss, or damage, or any other loss of any kind whatsoever which arises out of or is in any manner connected with this Contract or the work, if such injury, loss, or damage is caused in whole or in part by the act, omission, error, professional error, mistake, negligence, or other fault of the SELLER, any subcontractor of the SELLER, or which arises out of any workers' compensation claim of any employee of the SELLER or of any employee of any subcontractor of the SELLER. The SELLER agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at the expense of the SELLER. The SELLER also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 7. Insurance. a. General. The SELLER shall not commence work under this Contract until it has obtained all insurance required herein and such insurance has been approved by the PURCHASER. The SELLER shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Contract, the SELLER must maintain the insurance coverage required in this section. b. Insurance. (1) The SELLER agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the SELLER pursuant to this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The SELLER shall not be relieved of any liability, claims, demands, or other obligations assumed by this Contract by reason of its failure to procure or maintain insurance, or by reason of it failure to procure or maintain insurance in sufficient amounts, duration, or types. FIREWORKS DISPLAY CONTRACT 2of3 (2) SELLER shall procure and maintain, and shall cause each subcontractor of the SELLER to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the PURCHASER. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the SELLER herein. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (a) Workers' compensation insurance to cover obligation imposed by applicable laws for any employee engaged in the performance of work under this Contract, and employers liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified self - insured status may be substituted for the workers' compensation requirements of this paragraph. (b) General liability insurance with minimum, combined single limits of FIVE MILLION DOLLARS ($5,000,000) each occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall also include coverage for explosion and shall contain a severability of interests provision. (c) Comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of SELLER'S owned, hired, or non -owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. (3) The policy required by paragraph (2) (b) above and by paragraph (2) (c) above shall be endorsed to include the PURCHASER and its officers, agents, officials, and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the PURCHASER, its officers, or its employees, or carried by or provided through any insurance pool of the PURCHASER shall be excess and not contributory insurance to that provided by SELLER. No additional insured endorsement to the policy required by paragraph (2) (a) above shall contain any exclusion for bodily injury or property damage arising from completed operations. The SELLER shall be solely responsible for any deductible losses under any policy required by the PURCHASER. (4) The Certificate of Insurance provided to the PURCHASER shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the PURCHASER prior to commencement of the Contract. No other form of certificate shall be used. The Certificate of Insurance shall identify this Contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days' prior written notice has been given to the PURCHASER. The completed Certificate of Insurance shall be submitted to the PURCHASER'S Recreation Director. (5) Failure on the party of the SELLER to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the PURCHASER may immediately terminate this Contract, or at its discretion, the PURCHASER may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith as a cost of this project. All monies so paid by the PURCHASER shall be repaid by SELLER to the PURCHASER upon demand, or the PURCHASER may offset the cost of the premiums against any monies due to SELLER from the PURCHASER. (6) The PURCHASER reserves the right to request and receive a certified copy of any policy and any endorsement thereto. FIREWORKS PRODUCTION CONTRACT 3 of 3 (7) No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes. 8. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of SIXTY ONE THOUSAND DOLLARS & NO 1100 ($61,000.00) to be paid within fifteen (15) days after the date of the display. HOWEVER, if payment is made in full by April 20, 2010, a five percent (5 %) discount will apply. That discount can either be deducted from the total contract price, or the PURCHASER may elect to receive that amount of extra pyrotechnic product in lieu of the discount. Unpaid accounts are subject to one percent (l %) interest charge per month after fifteen days. 9. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display, it is agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at some future date through January 2, 2011. If the PURCHASER will not re- schedule the display within the calendar year, or completely cancels the display, the PURCHASER agrees to pay to the SELLER Thirty percent (30 %) of the cost of the display ($18,300.00). If prepayment option has been exercised, SELLER will refund to PURCHASER the total amount paid, less the 30% mentioned above. 10. Witness whereof, we have caused our signatures to be affixed to this Document, on this day of .20 WESTERN ENTERPRISES, INC. SELLER M authorized agent TOWN OF AVON PURCHASER BY: authorized agent "Attachment A" The items contained herein provide for additional responsibilities or provisions that are to be adhered to by either the PURCHASER or the SELLER. NOTE: Perimeter #1 is the same as Discharge Site. Perimeter #2 is the same as Display Site. Additional Responsibilities for Western Enterprises, Inc. 1. Once the fireworks arrive in the Town of Avon, Western Enterprises, Inc. will notify the Avon Fire Department. 2. Western Enterprises, Inc. will create specific credentials for all pyrotechnic crew members. These credentials will have photo identification for each crew member. A list of the pyrotechnic crew members will be provided to the Town of Avon prior to the display for verification. Only crew members with proper credential will be allowed into Perimeter #I/Discharge Site. 3. Pyrotechnic crew members will begin load -in at Discharge Site beginning at 8:OOam on July 2, 2010. The Pyrotechnic crew members will be responsible for security of the Discharge Site whenever they arrive at this site. 4. Pyrotechnic crew members will park only in designated area, as determined by the Town of Avon and/or Avon Fire Department. 5. Western Enterprises, Inc. designates Mr. Paul Zoch -as the primary operator in charge of the firing of the fireworks display. Western Enterprises, Inc. will have an additional Pyrotechnic Operator (Mr. Patrick Nickson) that will be on site to help facilitate the proper communication between the Town of Avon, the studio engineer for the Radio Sponsor and also Mr. Paul Zoch. Western Enterprises, Inc. This includes a coordinated "lights -out" countdown with all parties. 6. Western Enterprises, Inc. crew members will do an immediate after -show "sweep" of the safety perimeter #1 & #2 to pick up any unexploded pyrotechnic devices. No spectators can be allowed into these perimeter area until the sweep is complete. This "sweep" is allocated to last approximately 25 minutes. 7. Western Enterprises, Inc. will work directly with Town of Avon Fire Department officials for permitting fireworks display. Western Enterprises, Inc. will work directly with Town of Avon Fire Department to ensure that fireworks equipment and fireworks display will be conducted in accordance to safety regulations established to NFPA 1123 (Code of Regulations for conducting outdoor fireworks displays). The safety regulations in this document may be increased to ensure the safety of everyone. 8. Designated pyrotechnic crew members will be responsible as "spotters ". These individuals are strategically positioned around the discharge site to watch all pyrotechnics during the firing of the display. 9. There will be designated "runners for food and beverages" for the pyrotechnic crew members. These designated individuals can be pyrotechnic crew members, but if they do not have the proper credentials with photo identification, they will not be allowed into the discharge site. 10. Other? "Attachment A" (Page 2) Additional Resaonsibilities for Town of Avon 1. Town of Avon will be responsible for providing security personnel whenever pyrotechnic crew members are not on site. This site security will begin on July 2, 2010 at approximately 6:30pm. 2. Town of Avon will provide for a security fence for both Perimeter #1 and Perimeter #2. 3. Town of Avon will provide security personnel prior to, during and after the firing of the display on July 3'd. These individuals will be posted at designated locations. Immediately after the display, for approximately 25 minutes, these security personnel will not allow any spectators into the secured Perimeter #2. 4. Town of Avon will be responsible for coordinating/contracting with their designated Radio Sponsor. (Due to problems in 2009, it is necessary to have a specific studio engineer on site to coordinate with both Paul Zoch and Patrick Nickson) 5. Town of Avon will provide equipment for communication (dedicated channel) that will be used exclusively between Fire Department, Studio Engineer, Pyrotechnic crew and a designated individual (Rob Janus ?) for Town of Avon coordinating the event. 6. Other? ADDENDUM NO. 1: MUNICIPAL PROVISIONS In the event the terms and conditions of this Addendum No. 1 conflict in whole or in part with the terms and conditions of the [reference the title and date of the agreement to which this is attached] agreement, the terms and conditions of this Addendum No. 1 shall control. A.I. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. A.2. Affirmative Action: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. A.3. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. A.4. Employment of or Contracts with Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the contractor will participate in the e- verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e- verify program or the department program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. Addendum No. 1: Town of Avon Page 1 of 3 The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor's actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and /or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. A.S. Ownership of Documents. Any work product, materials, and documents produced by the Contractor pursuant to this Agreement shall become property of the Town of Avon upon delivery and shall not be made subject to any copyright unless authorized by the Town. Other materials, methodology and proprietary work used or provided by the Contractor to the Town not specifically created and delivered pursuant to the Services outlined in this Agreement may be protected by a copyright held by the Contractor and the Contractor reserves all rights granted to it by any copyright. The Town shall not reproduce, sell, or otherwise make copies of any copyrighted material, subject to the following exceptions: (1) for exclusive use internally by Town staff and /or employees; or (2) pursuant to a request under the Colorado Open Records Act, § 24 -72 -203, C.R.S., to the extent that such statute applies; or (3) pursuant to law, regulation, or court order. The Contractor waives any right to prevent its name from being used in connection with the Services. A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town's approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns. A.B. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of Contractor. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. A.9. Governinq Law, Venue. and Enforcement: This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties Addendum No. 1: Town of Avon Page 2 of 3 agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. A.10.Survival of Terms and Conditions: The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. A.11.AssiQnment and Release: benefits set forth in this express written consent assignment shall express obligations, responsibilitie approved by resolution c assignment shall release responsibility unless sucl assignment. All or part of the rights, duties, obligations, responsibilities, or Agreement shall not be assigned by Contractor without the of the Town Council for the Town of Avon. Any written refer to this Agreement, specify the particular rights, duties, >, or benefits so assigned, and shall not be effective unless r motion of the Town Council for the Town of Avon. No the Applicant from performance of any duty, obligation, or release is clearly expressed in such written document of A.U.Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. Addendum No. 1: Town of Avon Page 3 of 3 GreenPort February 3, 2010 Mayor Wolfe and Avon Town Council: On behalf of GreenPort Sustainable Communities Corporation, we appreciate the opportunity to update the Mayor and Town Council on our ongoing progress with the GreenPort initiative. We have included a draft resolution of support for your review and will give a brief presentation on the project and where we currently stand on a number of important benchmarks. We appreciate this opportunity to present our vision. Ross Graves Vince Cook To: GreenPort Sustainable Communities Corooration, anon-profit, Colorado 5016 Corporation Executive Director Vincent Cook and Executive Director Ross Graves Subject: The GreenPort Initiative and Resolution To Proceed The Undersigned, The Avon Town Council, in concert with the Towns and Communities of the Vail Valley, do hereby support the GreenPort Vision and Goals, and the Proposal submitted. The Undersigned acknowledges that the Goals proposed are important to the economic and environmental well being of Eagle County as a whole, and, Towns and Communities in specific. The Undersigned do intend to formally support the goals proposed as a long -range commitment to a stimulus activity, which would result in job creation, and job replacement, by establishing a unique transit orientated Economic Development Corridor. A Vail Valley wide Master Plan, to be developed, for a new Greenvort Development Corridor and Rail Transit System would connect workforce, businesses and tourism with an advanced rail/bus transit system and would incorporate leading edge green technology. The Undersigned further support the formation of the GreenPort 5 01 c3 organization as a Colorado private- public corporation and intend to operate in a cooperative partnership to achieve the Goals outlined. The Undersigned, in cooperation with other Towns and Communities and, the Eagle County Commissioners, do intend to authorize 2010 seed funding to initiate 2010 GreenPort master planning and Grant submissions. Further, during the first 120 days, starting Feb. 1, 2010, it is understood that a "Consortium of Towns and Communities" will be formed, as well as a Board of Directors for the GreenPort Sustainable Communities organization, of which the Town of Avon will be a member. A Joint Agreement, which further defines the roles of each Town or Community, and, also defines the powers and statutory authorities reserved to the Towns and communities, will be defined jointly with all Partners of the Consortium. The Avon Town Council. Minturn. Colorado TOWN OF AVON, COLORADO RESOLUTION NO. 10 -09 Series of 2010 A RESOLUTION APPROVING A VALLEY WIDE MASTER PLAN FOR A NEW GREENPORT DEVELOPMENT CORRIDOR AND RAIL TRANSIT SYSTEM, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Avon Town Council, in concert with the Towns and Communities of the Vail Valley, do hereby support the Greenport Vision and Goals and Proposal submitted and WHEREAS, the Town of Avon acknowledges that the goals proposed are important to the economic and environmental well being of Eagle County as a whole, and towns and Communities in specific; and WHEREAS, the Town of Avon does intend to formally support the goals proposed as a long - range commitment to a stimulus activity, which would result in job creation, and job replacement, by establishing a unique transit orientated Economic Development Corridor. A Vail valley wide Master Plan, to be developed, for a new Greenport Development Corridor and Rail transit System would connect workforce, businesses and tourism with advanced rail /bus transit system and would incorporate leading edge green technology; and WHEREAS, the Town of Avon further supports the formation of the Greenport 501 c3 organization as a Colorado private — public corporation and intend to operate in a cooperative partnership to achieve goals outlined; and WHEREAS, during the first 120 days, starting February 1, 2010, it is understood that a Consortium of towns and Communities will be formed, as well as a Board of Directors for the Greenport Sustainable Communities organization, of which the Town of Avon will be a member, and WHEREAS, A Joint Agreement, which further defines the roles of each community, and also defines the powers and statutory authorities reserved to the Towns and communities will be defined jointly with all partners of the consortium NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Valley Wide Master Plan for a New Greenport Development Corridor and Rail Transit System Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon. ADOPTED THIS DAY OF , 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Lary Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Ass't Town Manager /Comm. Dev. William Gray, Chief Building Official March 4, 2010 Public Hearing - Ordinance No 10 -02, Series of 2010, Adopting the 2009 International Building Code Summary The Town Council is considering the second reading of an ordinance adopting the 2009 International Building Codes. Previous Council Action On February 9, 2010 Council accepted the first reading of Ordinance No 10 -02, Series of 2010 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety. Discussion The 2009 revisions to the International Building Codes have been published and staff is recommending adoption of the regulations with exception that in the 2009 International Residential Code (IRC), the requirement to install automatic sprinkler systems in single family and duplex homes be put off until January 1, 2012. The next revisions to the IRC will be published at this time and we expect this particular requirement to be modified or repealed. The Eagle River Fire Protection District submitted comments and requested revisions to the International Fire Code, which have been incorporated into Ordinance 10 -02. In addition to several revisions to the International Fire Code standards, the Fire Protection District has requested that the Fire Chief or designee act as the enforcement official for the International Fire Code, that the fines and penalties include potential jail sentences of up to one year, and that the Fire Protection District board plus one representative from the Avon Town Council act as the Board of Appeals for decisions related to the International Fire Code. Recommendation Move to adopt Ordinance No 10 -02, Series of 2010 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety. Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 10 -02 SERIES OF 2010 AN ORDINANCE ADOPTING THE 2009 INTERNATIONAL BUILDING CODE BY REFERENCE AND REPEALING AND REENACTING TITLE 15 OF THE AVON MUNICIPAL CODE IN ITS ENTIRETY WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, and §31 -20 -105 and pursuant to the home rule powers of the Town of Avon ( "Town "), the Town Council has the power to adopt building code regulations, to provide penalties for violations of adopted building codes, to elect to collect delinquent charges and assessments by certifying such amounts to the Eagle County treasurer, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council finds that the adoption of the 2009 International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2009 International Building Codes by reference with certain amendments as described in this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. Avon Municipal Code Chapters 15.08, 15.09, 15.12, 15.20, 15.24, 15.32, 15.36, 15.40, 15.44, and 15.48 are hereby repealed in their entirety. Section 3. New Code Sections Enacted. Avon Municipal Code Chapters 15.02, 15.04, 15.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.18, 15.20, 15.22, 15.24, 15.26 and 15.27 are hereby enacted to read as follows: "Chapter 15.02 Definitions Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 1 of 45 Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations 15.04.020 Penalties 15.04.030 Stop Work Orders 15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance Chapter 15.06 Board of Appeals 15.06.010 Appeals to Town Council 15.06.020 Limitations on Authority 15.06.030 Limitations on Liability Chapter 15.08 International Building Code 15.08.010 Adoption 15.08.020 Additions or Modifications 15.08.030 Section 104 — Duties and Powers of the Building Official 15.08.035 Section 105 — Permits 15.08.036 Section 106 — Floor and Roof Design Loads 15.08.040 Section 107.2.5 — Site Plan 15.08.050 Section 109 — Fees 15.08.060 Section 110 — Inspections 15.08.070 Section 111 — Certificate of Occupancy 15.08.080 Section 113 — Board of Appeals 15.08.090 Section 115 — Stop Work Order 15.08. 100 Section 501.2 — Premises Identification 15.08.110 Section 1204 — Temperature Control 15.08.120 Section 1603.2 — Ground Snow Loads 15.08.125 Section 1608.2 — Boulder Walls 15.08.130 Section 1704 — Special Inspections 15.08.140 Section 1809.5 — Frost Protection 15.08.150 Chapter 30 — Elevators and Conveying Systems 15.08.160 Appendix J — Grading 15.08.300 Violation 15.08.310 Penalty 15.08.320 Repeal 15.08.330 Validity Chapter 15.10 International Residential Code 15.10.010 Adoption 15.10.020 Additions or Modifications 15.10.030 Section R104 — Duties and Powers of the Building Official 15.10.040 Section R105 — Permits 15.10.050 Section R106.2 — Site Plan 15.10.060 Section R108 — Fees Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 2 of 45 15.10.070 Section R109 — Inspections 15.10.080 Section R110 — Certificate of Occupancy 15.10.090 Section R112 — Board of Appeals 15.10.100 Section R114.1 — Stop Work Order 15.10.110 Table R301.2 (1) — Climatic and Geographic Design Criteria 15.10.115 Section R313 — Automatic Fire - Sprinkler Systems 15.10.120 Section R319 — Site Address 15.10.140 Section R403.1.4 — Minimum Depth 15.10.300 Violation 15.10.3 10 Penalty 15.10.320 Repeal 15.10.330 Validity Chapter 15.12 National Electrical Code 15.12.010 Adoption 15.12.020 Administration — Fees 15.12.300 Violation 15.12.3 10 Penalty 15.12.320 Repeal 15.12.330 Validity Chapter 15.14 International Plumbing Code 15.14. 010 Adoption 15.14.020 Additions or Modifications 15.14.030 Organization and Enforcement 15.14.040 Section 103.1.3 — Department of Plumbing Inspection 15.14.050 Section 106 — Fee Schedule 15.14.060 Section 306 — Trenching, Excavation and Backfill 15.14.065 Section 412.5 — Mechanical Rooms 15.14.070 Section 606.2 — Location of Shutoff Valves 15.14.080 Section 906 — Vent Termination 15.14.300 Violation 15.14.3 10 Penalty 15.14.320 Repeal 15.14.330 Validity Chapter 15.16 International Mechanical Code 15.16.010 Adoption 15.16.020 Additions or Modifications 15.16.030 Section 106.5.2 — Fee Schedule 15.16.040 Section 109 — Means of Appeal 15.16.043 Table 403.3 Minimum Ventilation Rates 15.16.046 Section 903.3 — Unvented Gas Log Heaters 15.16.050 Section 701 — Combustion Air, General Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 3 of 45 15.16.060 Section 902 — Masonry Fireplaces 15.16.300 Violation 15.16.3 10 Penalty 15.16.320 Repeal 15.16.330 Validity Chapter 15.18 International Fuel !Gas Code 15.18.010 Adoption 15.18.020 Additions or Modifications 15.18.030 Organization and Enforcement 15.18.040 Reserved 15.18.050 Permits 15.18.060 Section 304.1 — General 15.18.070 Section 404.5 — Protection against Physical Damage 15.18.300 Violation 15.18.3 10 Penalty 15.18.320 Repeal 15.18.330 Validity Chapter 15.20 Fire Code 15.20.010 Adoption 15.20.020 Additions or Modifications 15.20.030 Section 104.6 — Official Records 15.20.040 Reserved 15.20.050 Section 104.11.3 — Systems and Devices 15.20.060 Section 105. 1.1 —Permits Required 15.20.070 Section 105.6 — Required Operational Permits 15.20.080 Section 105.7 — Required Construction Permits 15.20.090 Section 108 — Board of Appeals 15.20. 100 Section 202 — General Definitions 15.20.110 Section 308.3 — Exceptions 15.20.120 Reserved 15.20.130 Section 905.1 — Standpipe Systems, General 15.20.140 Reserved 15.20.300 Violation 15.20.3 10 Penalty 15.20.320 Repeal 15.20.330 Validity Chapter 15.22 Factory -Built Housing and Manufactured Homes 15.22.010 Adoption 15.22.020 Additions or Modifications 15.22.030 Definitions 15.22.040 Park Site and General Requirements Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 4 of 45 15.22.050 General Requirements, Manufactured Housing 15.22.060 General Requirements, Factory -Built Units Chapter 15.24 Solid -Fuel- Burning Devices 15.24.010 Adoption 15.24.020 Additions or Modifications 15.24.030 Purpose and Applicability 15.24.040 Definitions 15.24.050 Regulations Below Elevation of Seven Thousand Eight Hundred Twenty Feet 15.24.060 Gas Appliances 15.24.070 Coal Usage Prohibited Chapter 15.26 2009 International Property Maintenance Code 15.26.010 Adoption 15.26.020 Additions or Modifications 15.26.030 Section 205, Board of Appeal 15.26.300 Violation 15.26.3 10 Penalty 15.26.320 Repeal 15.26.330 Validity Chapter 15.27 2009 International Energy Conservation Code 15.27. 010 Adoption 15.27.020 Additions or Modifications 15.27.030 Section 101.3 — Intent 15.27.040 Section 503.2.2.1 — Snowmelt Boilers Chapter 15.02 Definitions The definitions set forth in this Chapter 15.02 shall to all the Chapters in this Title 15 and shall apply to all codes adopted in this Title 15. In the event of any conflict, the definitions in this Chapter 15.02 shall apply first and take precedence, the definitions in the codes adopted by this Title 15 shall apply next, and the definition of any word, term or phrase set forth elsewhere in the Avon Municipal Code shall apply after the definition of codes adopted by this Title 15. Building Official shall mean the person designated as the Building Official by the Town Manager. Person shall mean any natural person, corporation, organization, association or association of any of the foregoing. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 5 of 45 Town Attorney shall mean the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title 15, or the Town Prosecutor. Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations (a) Unlawful Acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, or cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard, or regulation adopted by this Title 15, and any such unlawful act shall be deemed to be a violation of this Title 15. (b) Notice of Violation. The Building Official shall serve a Notice of Violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title 15, or any change in occupancy of any building or equipment regulated by any coded adopted in this Title 15, or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title 15. The Notice of Violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the Eagle County Assessor's Office or by posting the Notice of Violation in a conspicuous place on the property. The Notice of Violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of Violation. If compliance with the Notice of Violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy, and to seek such fines, penalties, fees and restitution as may be appropriate. 15.04.020 Penalties Any person who violates any provision of this code or any code adopted in this Title 15 shall be guilty of a misdemeanor offense and shall be punishable as set forth in Chapter 1.09 Civil Offense. In addition to other means provide by law, the Town may recover all costs and penalties imposed by certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area authorized in accordance with Colorado Revised Statute section 31 -20 -105. 15.04.030 Stop Work Orders Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 6 of 45 (a) Authority. The Building Official is authorized to issue a stop work order when the Building Official finds any worked regulated by this Title 15, or any code adopted by this Title 15, being performed in a manner either contrary to the provisions of any code adopted herein or being performed in a dangerous or unsafe manner. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property upon which the violation has occurred or is occurring, or to the owner's agent, or to the person doing the work, or may be posted in a conspicuous manner on the property. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. The Building Official may also include conditions or directives in the Stop Work Order to secure the property where appropriate due to unsafe conditions, soil erosion control, water quality degradation, or other matters in which conditions on the property threaten the health, safety or general welfare of the public or threaten to negatively impact or damage other property. (c) Unlawful Continuance. Any person who shall continue any work after a stop work order has been issued, except such work as may be directed to remove a violation, address an unsafe condition, or secure the property, shall be deemed to be a violation of this Title 15 and shall be subject to penalties as set forth in this Title 15. 15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance (a) Declaration of Public Nuisance. Any use or condition of a property, structure or equipment regulated by this Title 15 which constitutes an unsafe condition, unsanitary condition, or hazardous threat to life, safety, health, public welfare or property by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be an unsafe condition. An unsafe condition is hereby declared to be a public nuisance. (b) Order of Abatement. The Building Official or Town Attorney may take action to order the abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition, or removal of the equipment or structure which poses unsafe conditions, or by securing such property, structure or equipment to restrict the use, accessibility or risk posed by the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement in writing to the property owner which shall describe the action required to abate the unsafe condition and shall provide a timeframe for compliance. No person shall use the structure or equipment constituting an unsafe condition after receiving such notice. (c) Failure to Comply, Abatement by Town. In the event the property owner fails to comply with an order of abatement within the timeframe for compliance stated in such order, the Town may proceed to enter the property, abate the unsafe condition and correct the public nuisance. Town shall post notice of Town's intention to enter the property and abatement the unsafe condition and public nuisance at least twenty four (24) hours in advance by posting written Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 7 of 45 notice in a conspicuous place on the property, except where unsafe conditions warrant immediate abatement, in which case the Town shall not be required to post written notice in advance of entering the property. (d) Disconnection of Service Utilities. The Building Official shall have the authority to authorize disconnection of utility services to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting the utility service, the owner or occupant of the building, structure or service systems shall be notified in writing, as soon as practical thereafter. (e) Connection After Order to Disconnect. No person shall make connections from any energy, fuel, power supply, water distribution, or other utility service, or supply energy, fuel or water to any equipment regulated by this Title 15 that has been disconnected or ordered to be disconnect by the Building Official or the use of which has been ordered to be disconnected by the Building Official until the building Official authorizes the reconnection and use of such equipment. (f) Recovery of Costs, Lien. The Town may recover the direct costs incurred for abatement of unsafe conditions together with a fifteen percent (15 %) surcharge for administrative expense and eighteen percent (18 %) interest per year on the total outstanding amount due to the Town. All costs, surcharges and interest shall be recoverable against the property owner. In addition to other means provide by law, the Town may recover all costs, surcharges and interest imposed by certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area authorized in accordance with Colorado Revised Statute section 31 -20 -105. Chapter 15.06 Board of Appeals 15.06.010 Appeals to Town Council A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the board. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 8 of 45 15.06.020 Limitations on Authority An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. 15.06.30 Limitation of Liability Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings." CHAPTER 15.08 Building Code 15.08.010 Adoption (a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2009 International Building Code, excluding Chapter 27 Electrical and including Appendix C Group U — Agricultural Buildings, Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic fire- resistive assemblies listed in the Fire Resistance Design Manual, published by the Gypsum Association, most current addition, as referenced in the specified International Building Code. (b) The 2009 International Building Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. Copies of the 2003 International Building Code are on file in the office of the Town Clerk and are available for inspection during regular business hours. 15.08.020 Additions or Modifications The 2009 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.160. 15.08.030 Section 104 — Duties and Powers of the Building Official (a) Section 104. 1, General, is amended to read as follows: "104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 9 of 45 order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code." (b) Section 104.6, Right of Entry, is amended to read as follows: "104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry." 15.08.035 Section 105 — Permits (a) Section 105. 1, Required, is amended by adding the following language: "No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Chapter 15.40, Solid - Fuel - Burning Devices." (b) Section 105.1.1, Annual permit, is deleted. (c) Section 105.1.2, Annual permit records, is deleted. (d) Section 105.5, is amended to read as follows: "105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period of 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 -day period." 15.08.036 Section 106 — Floor and Roof Design Loads Section 106 is adopted as written. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 10 of 45 15.08.040 Section 107.2.5 — Site Plan Section 107.2.5 Site plan, is amended to read as follows: "107.25 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by FEMA, is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three - eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights -of -way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted." 15.08.050 Section 109 — Fees (a) Section 190.2 Schedule of Permit Fees, is amended to read as follows: "109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon." (b) Section 109.6, Refunds is deleted. (c) Section 109.7, Contractor licensing, is amended to add the following language: "109.7 Contractor Licensing. All contractors, including those who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I General Contractor $125.00 Class II Other Contractors $ 35.00 Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 11 of 45 Class III I Municipal Contractors I $ 75.00 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation and commercial general liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner- builder is one that will personally perform at least 50% of all labor involved in the construction of a single - family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner- builder for a minimum of one year from the date the Certificate of Occupancy is issued." 15.08.060 Section 110 — Inspections Section 110, Inspections, is amended to read as follows: "(1) Section 110.2, Preliminary Inspection 110.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign -offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. The Building Official is authorized to waive the record card on a job by job basis. 110.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street and all necessary toilet facilities in place prior to this inspection being approved. 110.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building." (2) Section 109.3.1, Footing and Foundation Inspection, is amended by the addition of the following language: "The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 12 of 45 110.2.3.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado - licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done when the forms are removed. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. 110.2.3.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. (3) Section 110.2.3.3 is amended by adding the following language: "110.2.3.3 Cleanup During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the Building Official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors." 15.08.070 Section 111— Certificate of Occupancy Section 111 is amended by adding the following language: "111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 13 of 45 and general construction deposit ( "deposit ") is designed to provide security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within three months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. 111.2.3 Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ( "TCO ") shall be valid for three (3) months. The Building Official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for commercial or multi - family (A, B, E, F, H, I, M, S and R- 1- 2 -4 &I) occupancies: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire alarms and sprinklers. c. Two operative bathrooms on each floor being occupied in other than R occupancies. d. Entrance and other work within the public right -of -way must be approved. e. All required parking paved and marked. f. All utility tap fees paid. g. Positive drainage away from the building in all directions at two percent for a minimum of five feet. h. Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 110.3.2. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. 111.2.4 Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 14 of 45 Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code." 15.08.080 Section 113 — Board of Appeals Section 113 is repealed and reenacted to read as follows: "113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.08.090 Section 115 — Stop Work Order Section 115, Authority, is amended to read as follows: "115 Authority. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order." 15.08.100 Section 501.2 — Premises Identification Section 501.2, Premises identification, is amended to read as follows: "501.2 Premises Identification. New and existing buildings shall be provided with approved address numbers or letters. Each character shall be a minimum 4 inches (102 mm) high and a minimum of 0.5 inches (12.7mm) wide. They shall be installed on a contrasting back ground and be plainly visible from the street or road fronting the property. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure." 15.08.110 Section 1204 — Temperature Control Section 1204 is amended to read as follows: "1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. Outside design temperature shall be not more than minus 20 degrees Fahrenheit. Exception: Interior spaces where the primary purpose is not associated with human comfort." 15.08.120 Section 1608.2 — Ground Snow Loads Section 1608.2, Ground Snow Loads, is amended to read as follows: Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 15 of 45 "1608.2 Ground Snow Loads. Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75- pound- per - square -foot snow load." 15.08.125 Section 1603.2 — Boulder Walls "1603.2 Boulder Walls. This section is hereby added with the following language: Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado." 15.08.130 Section 1704 — Special Inspections Section 1704, Special Inspections, is amended by adding the following: "1704.2.3 Log Frame Construction — Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection." "1704.16.1.1 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency." 15.08.140 Section 1809.5 — Frost Protection 1809.5, Item 1. Shall be amended as follows: "Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer." 15.08.150 Chapter 30 — Elevators and Conveying Systems Section 3001.5 is added to read: "3001.5 Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970- 468 -0295 (Ext. 108.)" This program exists as Memorandum of Agreement with the Division of Oil & Public Safety. All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS). The Town of Avon adopts the A17.1 -2007 elevator code and the A18.1 -2005 safety standard for vertical platform and wheelchair lifts, by reference." Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 16 of 45 15.08.160 Appendix J — Grading "Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following sentence: Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer." 15.08.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Building Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.08.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.08.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.08.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Building Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.10 Residential Code Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 17 of 45 15.10.010 Adoption (a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2009 International Residential Code for One- and Two - Family Dwellings, excluding Chapters 36, 37, 38, 39, and 40 and including Appendix G. (b) The 2009 International Residential Code for One- and Two - Family Dwellings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009 International Residential Code for One- and Two - Family Dwellings is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.10.020 Additions or Modifications The 2009 International Residential Code for One- and Two - Family Dwellings is amended and changed as described in Sections 15.09.030 through 15.09.140. 15.10.030 Section R104 — Duties and Powers of the Building Official (a) Section R104.1, General, is amended to read as follows: "11104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code." (b) Section R104.6, Right of Entry, is amended to read as follows: "11104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry." 15.10.040 Section R105 — Permits (a) Section R105.1, Required, is amended by adding the following language: Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 18 of 45 "No building or mechanical permits will be issued for the installation of a wood - burning device unless the device is in conformance with the Town of Avon, Chapter 15.40 of the Avon Municipal Code." (b) Section R105.5 is amended to read as follows: "R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period of 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one -half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 -day period. 15.10.050 Section R106.2 — Site Plan Section R106.2, Site plan, is amended to read as follows: "11106.2 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by FEMA, is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three - eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights -of -way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted." 15.10.060 Section R108 — Fees Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 19 of 45 (a) Section R108.2, Schedule of Permit Fees, is amended to read as follows: "R108.2 Schedule of Permit Fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon." (b) R108.4, Related fees, is amended by the addition of the following: "R108.4.1 Elevators and Conveying Systems Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council. of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970 - 468 -0295 ext. 108.)" (c) Section R108.5, Refunds, is deleted. (d) Section R108.6, Contractor Licensing, is added to read as follows: "11108.6 Contractor Licensing. All contractors, including those who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I General Contractor $125.00 Class II Other Contractors $ 35.00 Class III Municipal Contractors $ 75.00 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation, and general commercial liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner- builder is one that will personally perform at least 50% of all labor involved in the construction of a single - family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner - builder for a minimum of one year from the date the Certificate of Occupancy is issued." 15.10.070 Section R109 — Inspections Section R109 is amended as follows: (1) Section RI09.1.1, Foundation inspection, is amended by addition of the following language: Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 20 of 45 "The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado - licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the Survey is presented and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado- licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town." (2) Section R109.1.5, Other Inspections, is amended by the addition of the following language: "R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the construction sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign -offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost, there will be a $20.00 fee to replace or update the card. The Building Official is authorized to waive the use of the record card on a job by job basis. R109.1.5.3 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractor's name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for occupancy of the building. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 21 of 45 R109.1.5.5 Log Frame Construction — Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency." (3) Section R109.5 is added to read as follows: "R109.5 Cleanup During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the Building Official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors." 15.10.080 Section R110 — Certificate of Occupancy Section R110 is amended by adding the following language: "R110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. R110.4.1 Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ( "TCO ") shall be valid for three months. The Building Official may grant one TCO extension for up to three (3) months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for one- and two - family dwellings: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical. c. One bathroom operative as per the approved plans. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 22 of 45 d. Entrance and other work within the public right -of -way must be approved. e. Positive drainage away from the buildings in all directions at two percent (2 %) for a minimum of five (5) feet. f. Sufficient roadway access for emergency vehicles and minimum parking requirements must be met. g. All utility tap fees paid. h. Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section R110.4.1 The surety will be returned to the permittee upon issuance of the final certificate of occupancy. R110.4.1 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ( "deposit ") is designed to provide security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five percent (25 %) of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20 %) of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent (12 %) [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. R110.6 Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code." 15.10.090 Section R112 — Board of Appeals Section R112 is repealed and reenacted to read as follows: "R112 Appeals to Town Council. A person may appeal a decision of the Building Official to Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 23 of 45 the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code." 15.10.100 Section R114 — Stop Work Order Section R114.1, Authority, is amended to read as follows: R114.1 Notice to Owner. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. Upon notice from the Building Official that any work is being prosecuted contrary to the provisions of this code such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume." 15.10.110 Table R301.2(1) — Climatic and Geographic Design Criteria Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the following criteria: "a) Ground Snow Loads: Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75- pound- per - square -foot snow load. b) Wind Speed: 90 Miles Per Hour c) Seismic Design Category: B d) Weathering: Severe e) Frost Line Depth: 48 inches f) Termite: Slight to Moderate g) Winter Design Temperature: -20 Degrees Fahrenheit h) Flood Hazards: .8/18/87 i) Air Freezing Index: 2,500 j) Mean annual temp: 40 degrees Fahrenheit 15.10.115 Section R313 Automatic Sprinkler System Section R313 is repealed and reenacted to read as follows: "R313.1 Townhouse Automatic Fire Sprinkler Systems. An automatic residential fire sprinkler system shall be installed in townhouses. Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. R 313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13 D. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 24 of 45 R313.2 One -and Two - Family Dwellings Automatic Fire Systems. Effective January 1, 2012, an automatic residential fire sprinkler system shall be installed in one- and two - family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R313.2.1 Design and Installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13 D." 15.10.120 Section R319 Site Address Section R321.1, Premises Identification, is amended to read as follows: "R319 Address Numbers. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of .5 inch (I 2.7mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure." 15.10.140 Section R403.1.4 — Minimum Depth The first sentence is amended to read as follows: "Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer." 15.10.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Residential Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.10.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Residential Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 25 of 45 15.10.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.10.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Residential Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.12 National Electrical Code 15.12.010 Adoption The Town adopts the 2008 National Electrical Code. The 2008 National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. A copy of the 2008 National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.12.020 Administration — Fees Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, Colorado 80203 -1941; Telephone 303 - 894 -2300) 15.12.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2008 National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.12.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the. 2008 Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 26 of 45 National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.12.320 Repeal The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. 15.12.330 Validity If any section, subsection, sentence, clause or phrase of the 2008 National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.14 International Plumbing Code 15.14.010 Adoption The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The 2009 International Plumbing Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.14.020 Additions or Modifications The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. 15.14.030 Organization and Enforcement (Refer to the 103 — Department of Plumbing Inspection) 15.14.040 Section 103.1.3 — Department of Plumbing Inspection Section 103.1.3 is amended by adding the following paragraph: "Section 103.1.3 — Licensing. Pursuant to Section 12 -58 -115 of the Colorado Revised Statutes, only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 27 of 45 2009 International Plumbing Code." 15.14.050 Section 106 — Fee Schedule "All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town)." 15.14.060 306 — Trenching, Excavation and Backfill 15.20.060 is added and amended by adding the following language: "The minimum cover for water supply and sewer piping, not under a building, shall be 7 feet below finished grade." 15.14.065 Section 412.5 — Mechanical Rooms This section is hereby amended to add the following language: "For heating or hot -water boiler applications, the boiler room shall be equipped with a floor drain or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning, recharging and routine maintenance." 15.14.070 Section 606.2 — Location of Shutoff Valves This section is hereby amended as follows: "Add Item 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one- and two - family residential occupancies, and in individual guest rooms in hotels, motels, boarding houses, and similar occupancies shutoff valves are required." 15.14.080 Section 906 — Vent Termination "Section 906.1. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof. nor less than two (2) feet from any vertical surface." 15.14.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Plumbing Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.14.310 Penalty Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2009 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 28 of 45 or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year or by both such fine and imprisonment. (Ord. 07 -13) 15.14.320 Repeal The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.14.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. A copy of the 2009 International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 04 -14 §4) 15.16.020 Additions or Modifications The 2009 International Mechanical Code is amended and changed in Sections 15.24.030 through 15.24.060 of this Chapter. 15.16.030 Section 106.5.2 — Fee Schedule Section 106.5.2 is repealed and reenacted to read as follows: "106.5.2 Fee Schedule The fee for each permit shall be as set forth in The Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." 15.16.040 Section 109 — Means of Appeal Section 109 is repealed and reenacted as follows: Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 29 of 45 "109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.16.043 Table 403.3 — Minimum Ventilation Rates This Table is hereby amended to add the following language: "Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 capital edition of the International Fire Code Section 610.4.7." 15.16.046 Section 903.3 — Unvented Gas Log Heaters This section is hereby amended as follows: "Unvented gas fireplaces are prohibited." 15.16.050 Section 701— Combustion Air, General Section 701 is amended by adding a new Section 701.6 as follows: "701.6 Type of Construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." 15.16.060 Section 902 — Masonry Fireplaces Section 902 is amended by deleting Section 902.6 and by adding the following language: "902.3 — Definitions. 1. New Technology Device means a solid -fuel- burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. A new technology device is; one which has EPA certification as an EPA Certified wood stove. 2. EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 30 of 45 3. Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. 4. Solid fuel burning devices means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. 5. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted with an A.G.A and/or U.L. listed gas log kit, has not damper and vents through an approved vent. Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve." 902.4 Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet. "Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved in place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation there shall also be permitted one EPA approved wood burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit. 902.5 Regulations Above Elevation of Seven Thousand Eight Hundred Twenty Feet. Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided no new wood - burning or other fuel- burning fire places or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified New Technology solid fuel burning devices, gas appliances and gas fireplaces shall be permitted. 902.7 Coal Usage Prohibited. The burning of coal within the Town is prohibited." 15.16.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 31 of 45 violation of any of the provisions of any of the codes or standards named in the title of this Chapter. 15.16.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.16.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.16.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.18 International Fuel Gas Code 15.18.010 Adoption The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The 2009 International Fuel Gas Code is published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Fuel Gas Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.18.020 Additions or Modifications The 2009 International Fuel Gas Code is amended and changed in Sections 15.28 through 15.28.50 of this Chapter. 15.18.030 Organization and Enforcement (Refer to the 2009 International Fuel Gas Code.) Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 32 of 45 15.18.040 Reserved. 15.18.050 Section 106 — Permits Section 106 is amended as follows: "Section 106.6 — Fees All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town)." 15.18.060 Section 304.1— General This section is hereby mended by the addition of the following language: "New construction shall be considered unusually tight construction as defined by this code." 15.18.070 Section 404.5 — Protection Against Physical Damage This Section is hereby amended by the addition of the following language: "Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas shall be protected from such damage." 15.18.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Fuel Gas Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.18.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Fuel Gas Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.18.320 Repeal The repeal or the repeal and reenactment of any provision of the 2009 International Fuel Gas Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 33 of 45 provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.18.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Fuel Gas Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.20 Fire Code 15.20.010 Adoption (a) Pursuant to Section 6.9 of the Town Charter, there is adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as the 2009 International Fire Code, including Appendix E Hazardous Categories, and Appendix F Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended by this Chapter. (b) The 2009 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009 International Fire Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.20.020 Additions or Modifications The 2009 International Fire Code is amended and changed in Sections 15.32.030 through 15.32.140. 15.20.030 Section 104.6 — Official Records Section 104.6 is amended by the deletion of 104.6.2 — Inspections, 104.6.3 — Fire Records and 104.6.4 — Administrative. 15.20.040 Reserved 15.20.050 Section 104.11.3 — Systems and Devices Section 104.11.3 is amended by adding the following: "Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire Chief shall not be construed as an emergency fire condition." Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 34 of 45 15.20.060 Section 105.1.1— Permits Required Section 105. 1.1 is amended to read as follows: "105.1.1 Permits Required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. (For permit applications and inspections contact the Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon, Colorado, 81620. Phone: 970 - 748 - 9665)" 15.20.070 Section 105.6 — Required Operational Permits (a) Section 105.6 is amended as follows: "105.6 Required operational permits. The fire code official or authorized designee is authorized to issue operational permits for the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44." (b) All Sub - Sections of Section 105.6 are deleted except Sub - Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. 15.20.080 Section 105.7 — Required Construction Permits Section 105.7 is amended to delete all Sub - Sections except Sub - Sections 105.7.1, 105.7.3 and 105.7.11. 15.20.090 Section 108 — Board of Appeals Section 108 is amended to read as follows: "108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 108.2 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 35 of 45 of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 108.3 Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code." 15.20.100 Section 202 — General Definitions (a) False Alarm is amended to read as follows: "False Alarm The deliberate reporting of an alarm for which no such fire or emergency actually exists." (b) Fire Code Official is amended to read as follows: "Fire Code Official The fire chief of the Fire Department or other official duly authorized by the Fire Department who is charged with the administration and enforcement of the code." (c) Fire Department is added to read as follows: "Fire Department The Eagle River Fire Protection District is the designated fire department in the Town of Avon." 15.20.110 Section 308.3. — Exceptions. The Exceptions to Section 308.3 are amended by the addition of Exception 1.4 to read as follows: "1.4 Propane cooking devices." 15.20.120 Reserved. 15.20.130 Section 905.1— Standpipe Systems, General. Section 905. 1, General, is amended by revising the third sentence to read as follows: "The outside fire department connections shall be approved by the Fire Chief." 15.20.140 Reserved. 15.20.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Fire Code named in the title of this Chapter: Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 36 of 45 "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.20.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.20.320 Repeal The repeal or the repeal and reenactment of any provision of the 2009 International Fire Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.20.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Fire Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.22 Factory -Built Housing and Manufactured Homes 15.22.010 Adoption The Town adopts the 2009 International Building Code and all appendix chapters thereto. The 2009 International Building Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.22.020 Additions or Modifications The 2009 International Building Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 37 of 45 15.22.030 Definitions For the purposes of this Chapter, the following definitions shall have the meanings indicated: Factory -built housing means any structure, or component thereof, designed primarily for permanent residential occupancy, including a mobile home which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. Manufactured housing unit means a pre - constructed complete building unit or combination of pre - constructed complete building units without motor power designed and commonly used for single - family, single -unit residential occupancy by persons in either temporary or permanent locations, which unit or units are manufactured in a factory or at a location other than the residential site of the completed home and which unit or units are not licensed as a recreational vehicle. Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and is thirty -two (32) body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling without permanent foundation when connected to required utilities and includes the plumbing, heating, air - conditioning and electrical systems contained therein. Nonresidential factory -built housing means any structure, or component thereof, designed primarily for permanent nonresidential occupancy, including a manufactured unit which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation on the building site. 15.22.040 Park Site and General Requirements (a) Provisions of this Chapter shall not apply to a manufactured home located within the Town on the effective date of the ordinance codified herein. (b) Each new park or addition to an existing park shall conform to all provisions of this Chapter. (c) Manufactured home space. Each space shall contain at least three thousand (3,000) square feet of area for a single -wide unit, and four thousand two hundred (4,200) square feet for a doublewide unit. The minimum space between any appurtenance or deck thereto shall be a minimum of twelve (12) feet. The minimum space between any two (2) manufactured homes or habitable appurtenance thereto shall be a minimum of twenty (20) feet. Each space shall provide paved parking spaces for at least two (2) automobiles, either on the space adjacent to it or within the park, or by any combination of these locations. (d) Driveways and walkways. All mobile home spaces shall abut upon a driveway graded for drainage and maintained in a rut and dust -free condition and which provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be sixteen (16) feet. An additional eight (8) feet of width shall be constructed for each parallel parking space adjacent thereto, or twenty -eight (28) feet for double - loaded perpendicular parking spaces. All driveways and walkways within the park shall be illuminated to ensure safety for park residents. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 38 of 45 (e) Paving of parking and driving areas. All manufactured home parks shall have paving in the parking and driving areas thereof. (f) Maintenance of lots. All lots and stands shall be maintained in a clean and sanitary condition, free from hazardous or noxious materials, weeds, refuse and motor vehicles having no current license plates. 15.22.050 General Requirements — Manufactured Housing (a) No person, firm or corporation shall place a manufactured home within the Town without first obtaining a permit therefore from the State Division of Housing and approval for the installation by the State Division of Housing. (b) No person, firm or corporation shall make any alteration or addition to a manufactured home thereto without first obtaining a permit therefore from the Building Official. (c) All manufactured homes, including mobile homes, shall comply with the installation requirements set forth in the Part 31, Manufactured Home Installation, Section 24 -32 -3101 et seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing governing manufactured housing. (d) All manufactured homes must comply with Section 24 -32 -701, C.R.S., governing labeling and construction compliance with state and federal standards or bear the red HUD label. (e) All manufactured homes shall be designed with the snow load requirements as set forth in Section 15.08.120 of this Code unless it complies with one (1) of the following: (1) An approved snow removal maintenance program; (2) A protective shelter built over the home, not connected to the home; or (3) A shelter designed by a professional engineer or architect. 15.22.060 General Requirements — Factory -Built Units (a) No person, firm or corporation shall place a factory -built unit within the Town without first obtaining a permit therefore from the Building Official. (b) No permit for a factory -built home or any alteration or addition thereto shall be issued unless the same complies with all requirements of the building code, including electrical, plumbing and mechanical in effect in the Town at the time. CHAPTER 15.24 Solid -Fuel- Burning Devices 15.24.010 Adoption The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The 2009 International Plumbing Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.24.020 Additions or Modifications The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 39 of 45 15.20. 100 of this Chapter. 15.24.030 Purpose and Applicability These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents of and visitors to the Town. These regulations are intended to protect air quality. 15.24.040 Definitions For the purposes of this Chapter, the following definitions shall have the meanings indicated: New Technology Device means a solid -fuel- burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. A new technology device is; one which has EPA certification as an EPA Certified wood stove." EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon." Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which des not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. Solid fuel burning devices means any fireplace, firebox or device intended and /or used for the purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted with an A.G.A and /or U.L. listed gas log kit, has not damper and vents through an approved vent. "Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve." 15.24.050 Amendment Section 902 is amended by adding the following sub - section: "902.4 Regulations below the elevation of Seven Thousand Eight Hundred Twenty Feet. Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid - fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 40 of 45 No mobile or modular home shall be moved in place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation there shall also be permitted one EPA approved wood burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit." 15.24.060 Gas Appliances All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. 15.24.070 Coal Usage Prohibited The burning of coal within the Town is prohibited. CHAPTER 15.26 2009 International Property Maintenance Code 15.26.010 Adoption The Town adopts the 2009 International Property Maintenance Code and all appendix chapters. The 2009 International Property Maintenance Code is published by the International Code Council ( ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2009 International Property Maintenance Code are on file in the office of Community Development, and are available for inspection during regular business hours. 15.26.020 Additions or Modifications The 2009 International Property Maintenance Code is amended and changed in Sections 15.44.030 and 15.44.040 of this Chapter. (Ord. 99 -14 (part)) 15.26.030 Section 205 — Board of Appeal Section 111 is amended to provide as follows: "111 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.26.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Property Maintenance code named in the title of this Chapter: Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 41 of 45 "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter." 15.26.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Property Maintenance Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.26.320 Repeal The repeal or the repeal and reenactment of any provision of the 2009 International Property Maintenance Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.26.330 Validity If any section, subsection, sentence, clause or phrase of the 2009 International Property Maintenance Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. Chapter 15.27 International Energy Conservation Code 15.27.010 Adoption The Town adopts the 2009 International Energy Conservation Code and all appendix chapters thereto. The 2009 International Energy Conservation Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.27.020 Additions or Modifications The 2009 International Energy Conservation Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 42 of 45 15.27.030 Section 101.3 — Intent This section is hereby amended with the addition of the following language: "The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2009 International Energy Conservation Code." 15.27.040 Section 503.2.2.1— Snowmelt Boilers This section is hereby added as follows: "All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety -two percent (92 %) AFUE." Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 43 of 45 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 23, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on February 9, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 23, 2010. Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 44 of 45 Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -02 Adopting 2009 IBC 3 -4 -10 ejh Page 45 of 45 Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Asst Town Manager, Com Dev Matt Pielsticker, Planner II January 21, 2010 Ordinance No. 10 -04, Series of 2010 Amending the Brookside PUD To Permit Short Term Rental Units On Lots 2 And 3. Summary: The Brookside HOA submitted an application to amend the Brookside Planned Unit Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lots 2 and 3 of the development. Following a public hearing on February 16, 2010, the Planning and Zoning Commission made a unanimous recommendation for approval of this application at their March 3, 2010 meeting. Please refer to the attached Planning and Zoning Commission packet information related to this application for details of the property and proposal. Background: The Town Council adopted a Short Term Rental Overlay Zone District last year to permit such uses for hotel rooms condominium units or other accommodation units in specific areas of town that were adjacent to the town core and residential in nature. PUD zoned properties were not included in the overlay district and instead must apply for PUD amendment to include short term rentals as a permitted use in the development. This application is in conformance with the review criteria for PUD amendments and the intent of the Short Term Rental Overlay District by concentrating accommodation units in residential areas of the town core. Recommendation: Staff recommends the Council approve Ordinance No. 10 -04, Series of 2010, citing the findings contained herein which support amending the Brookside PUD to add "Short Term Rentals" as a use by right. Proposed Motion: "I move to Approve Ordinance No. 10 -04, Series of 2010 Amending the Brookside PUD to permit short term rental units on Lots 2 and 3." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE 10 -04 SERIES of 2010 AN ORDINANCE APPOVING AN AMENDMENT TO THE BROOKSIDE PUD, LOTS 2 & 3, EAGLEWOOD SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Rezoning from RHDC to PUD for Lots 2 & 3, Eaglewood Subdivision, by Ordinance No. 96 -8 which included the Development Plan that described the allowed residential uses as "Multiple Family Dwelling Units including townhomes, condominiums and apartments;" WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to residential property pursuant to the Town of Avon Municipal Code ( "AMC "); WHEREAS, Vicki Eastman, with the permission of and on behalf of the Lodge at Brookside Association, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings on February 16, 2010, and March 3, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings and make a recommendation of approval to the Town Council; WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services "; WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core that are residential in nature; and, WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Brookside PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this application is in substantial compliance with the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Ord No. 10-04 Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: SECTION 1. AMENDMENT To BROOKSIDE PUD. The Brookside Park Planned Unit Development, Eaglewood Subdivision, is hereby amended to include Short Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended or re- codified from time to time. SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Page 2 of 3 Ord No. 10 -04 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 9th day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2010, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 26th day of March, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 3 of 3 Ord No. 10 -04 Staff Report PUD Amendment March 2, 2010 Planning & Zoning Commission Meeting Report Date February 26, 2010 Project Type Planned Unit Development (PUD) Amendment Legal Description Lots 2 and 3, Eaglewood Subdivision Prepared By Matt Pielsticker, Planner II 'ic� Summary The applicant, Vicki Eastman, on behalf of the Lodge at Brookside Homeowners Association has applied for a Planned Unit Development ( "PUD ") Amendment to allow Short Term Rentals as a use on Lots 2 and 3 of the Brookside PUD. A "Short Term Rental' is defined as "rental of property for a total continuous duration of less than thirty one (31) days." The Planning Commission held a public hearing on the application on February 16, 2010. After review of the application and hearing from the applicant the Commission tabled the application and directed staff to clarify the findings and compliance with the review criteria. Staff therefore recommends approval of this application to allow short-term rentals as a use in the Brookside PUD. Process Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council. The Brookside HOA Board of Directors, which controls the condominium and townhome buildings on Lot 2 and Lot 3, voted to approve this application to amend the Brookside PUD to allow short-term rentals in both buildings. The Town has received two letters from Brookside Lodge property- owners opposing the application and a letter of support from the master association president, Frank Navarro. All documents are included in Exhibit D of this memorandum. Property Description The Brookside PUD was approved in 1996 as a mixed -use project on approximately 4.7 acres. The development is comprised of three buildings on three separate lots along with common open space and amenities including an outdoor swimming pool and hot tub (the Property). The Property is accessed from one shared driveway on Hwy 6 west of W. Beaver Creek Blvd. The Property is developed in a linear fashion along Hwy 6. Lot 1 is located on the east side of the Property and includes a 29,500 sf office building with 63 surface and 37 stuructured parking spaces. Lot 2 in the middle of the property is 2 developed with a 40 unit residential condominium known as Brookside Lodge. This building includes an underground parking garage with 48 spaces and 56 surface parking spaces. Lot 3 is situated on the west side of the Property, and was developed with a 14 unit townhouse building. Each townhome includes a 1 car garage, and shares some of the surface parking spaces for overflow /guest parking with Lot 2 adjacent to Highway 6 and 24. A site plan of the Property is attached as Exhibit B. The Property is bordered on the north and west by the ECO river recreation path and the Eagle River. The Sunridge Phase II residential condominiums border the eastern property line and Highway 6 borders the entire southern property line. Across Highway 6 and 24 is the Bear parking lot for Beaver Creek Resort Policy Analysis The intent of the Short Term Rental Overlay (STRO) District regulations is to permit "Short Term Rental uses for hotel room, condominium unit, or other accommodation in areas of the town core that are residential in nature." Permitting short term rentals at Brookside is consistent with the intent of the STRO regulations. Brookside PUD is a mixed -use development which includes a residential component and amenities; and the Property is located in close proximity to town center amenities and both local and regional transportation services. Planning Analysis The applicant is requesting that short term rentals be permitted as a use in the two residential buildings located on the Property. The Brookside PUD contemplated such a use, as evidenced by the fact that the permitted uses include a rental office in the Brookside Lodge building. The HOA covenants permit short term rentals and many of the home owners have regularly rented their units out for short term accommodations since the project was constructed. Parking on the site can accommodate short-term rentals in Buildings 2 and 3. Parking for the residential portions of the project is provided at a rate of 2 spaces per unit. Short-term rentals are typically parked at a rate of between 1.2 to 1.5 spaces per accommodation unit. The location of the Property and close proximity to Town Center, Beaver Creek Resort and Hwy 6 make it suitable for tourist and guest accommodations. All vehicles entering the property share an entrance off Highway 6 & 24, and once on the site, vehicles either bear right towards the commercial building and underground parking, or left towards the residential portions of the property. The regional ECO bus stop is located approximately one quarter mile from the entrance to the site. The circulation system for both vehicles and pedestrians is well developed and functional on site with direct pedestrian connections provided to the river path. The Transportation Plan envisions sidewalks or separate paved trails along Highway 6 & 24 in the future. A direct pedestrian connection adjacent to Highway 6 to the intersection with West Beaver Creek Boulevard will help connect pedestrians and guests to the project. In the meantime, there is sufficient access to the bus stops by walking the ECO recreation path towards West Beaver Creek Boulevard. Engineering Analysis The application does not require any modifications to the Property that would require engineering design. Design Review The application does not require any modifications to the Property or the buildings that would require design review. Findings The proposed PUD Amendment to allow Short Term Rentals at the Brookside Lodge and Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the Zoning Code as follows: 9. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The PUD amendment would allow short term rentals on the property, which is consistent with Avon's desire to encourage tourism and visitors. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. There are no proposed changes to the exterior design of the project that will be required to accommodate short-term rental units on the property 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The architectural design of the project would remain as it is today. No aspects related to the design compatibility with the immediate environment would be affected with the addition of short term rentals to the list of allowed uses. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Surrounding residential and commercial uses are compatible with short-term rentals accommodating guests and visitors. The property is directly across Hwy 6 from the Beaver Creek Resort parking lots and shuttle to the resort. Regional and local bus stops near the property also make this Property well- suited for accommodating guests and visitors. 5. Identification and mitigation or avoidance of natural and /or geologic hazards that affect the property upon which the PUD is proposed. The Brookside PUD is not located near any natural or geologic hazards. 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. 4 The Property is located along the south side of the Eagle River. The building and site design of the Property are responsive to the sensitive and natural features of the river environment. 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. The circulation system is design for both vehicles and pedestrians. A future sidewalk or separated path along Highway 6 and 24 is envisioned in the Transportation Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Brookside PUD is well- connected with the river environment bordering the north side of the property. 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 is required for this proposal. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The location of the ECO recreation path and nearby connecting local and regional bus transportation is a benefit to short term rental guests. The ECO path connects to the Town Center with only one road crossing. No additional burden will be experienced for public services such as sewer, water, and schools. There are no additional anticipated impacts generated by this land -use on the property then the current land -use mix. 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 Property has direct access from Hwy 6, which has adequate capacity to accommodate this use. There will be no additional units or density created as a result of this amendment. 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. 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. 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. The Avon Comprehensive Plan supports lodge type development in the town core area, and there is a public purpose inherent with lodge type housing. The current entitlements do not specifically allow short term rentals; however, there is an inherent intent to accommodate these types of uses given that a rental office can be approved by Special Review Use. The location of this property, in close proximity to the entrance of Beaver Creek resort, and walking distance to the Town Center, creates a compatible workable situation with adjacent uses. Recommended Motion Staff recommends APPROVAL of the PUD Amendment to permit short term rentals in the Brookside PUD to the Avon Town Council with the following findings of fact related to the applicable criteria: 1. The subject application is in substantial conformance with the Town of Avon Comprehensive Plan Goals and Objectives (Criterion 1); and, 2. The proposed use and associated activity provide a compatible, efficient and workable relationship with surrounding uses; and, 3. As evidenced by the PUD Development Plan's allowance to establish an "on -site rental office" with a Special Review Use permit, the Short Term Rental Use has been ongoing since construction of the project; and, 4. The Town desires to permit "Short Term Rentals" in residential /mixed -use areas of the Town Core that are designed as such and where property owners wish to engage in short-term renting of dwelling units; and, 5. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." Exhibits A: Vicinity Map B: PUD Guide C: Site Plan D: HOA and Homeowner Letters 1� r „ ►t� , x Fm 0 85 170 lu a Exhibit A n� -s �_ : -k'T:. t7�.� d -r,,• � S'avn�p.-., �. {ry °`�.' ,�" v Ll�v • • ' I • 9 - Lrl BEE f I a r+ t ' i f i i a r..4,4 G: c �1 Exhibit B Ll IM 11Va o s a i � ga I ; l� k! 3 a 2. ° § z y a $ mm 6L W t �na �rVRf T C � 1 � l e P � 7 Exhibit C Exhibit D Robert H. Simpson 560 Malley Load Littleton, CO 8012 Recording Secretary Town of Avon P.O. Box 975 Avon, CO 81620 Dear Sir /Madam, re: The Lodge at Brookside This letter is in regard to the public meeting to permit short term rentals of less than 30 days in all units of The Lodge at Brookside. My wife and I are owners of unit 310. We are both vehemently opposed to short term rentals of less than 30 days. When we purchased the property it was listed as a condo complex. It should remain as such. Changing to short term rental of less than 30 days will decrease property values. In addition it will increase repairs and maintenance required to the structure which will have to be paid for by all of the existing owners because of increased traffic and increased usage and damage. Common area maintenance will have to be increased if short term rentals are allowed- once again paid for by all owners. Since we do not rent our unit these increased costs would be immensely unfair. The Lodge at Brookside has existed for ten years as a condo complex and it should remain as such. It should not be changed into a hotel. Once again our vote is NO for sho=t term rentals of less than 30 days for 'The Lodge at Brookside. shricerely, r- Ql� g 1p,4 ve\09 'r ,J r- Ql� g 1p,4 ve\09 MEPWIN W. D.D..;,., Ni.S. February 11, 2010 Recording Secretary Town of ,von P.O.Box 975 A.ven. CO 81620 Dear Secretary, AnN- N -ic1an Association of (Da LIl- a,-d an-6s;ls RECEIVED FEB a 6 2010 Community Devejopmep I am writing regarding a proposed PUD amendment that would pen-nit "short term rentals" in the Brookside PUD (Lot 2 & 3, Eaglewood Subdivision, 37305 Highway S & 24). I am strong!;, opposed to such a measure. 1 ob-1, ;0 to ei�f6 tively turning that property into a hotel. I am fearful that the increased ruim.,e.s i-J" rent, _rs will substantially increase ,naintenance costs and devalue the �rvp rtie -i4• - ,Jivitl_1A ou•nerS. T'lii: prupeiiy was not bunt with any plan for short tern! rei'liuik. ! :e-tu that that case, I would not have purchased property there. Very sincerely, Mervin W. Graham Owner Unit #310 05/18/2005 16:54 1043720478 NAVARRO LOWREY INt, PAGE 01 Brookside park Master Association 37347 US Highway # 6 Avon, Colorado 81620 February 23, 2010 Town of Avon Dear Sirs; Our property is governed by our Declaration, recorded in 1997. That Declaration allows for short term rentals of our member properties. I can be reacbed at 704 - 905 -0255 if you should have any questions. Sincerely, rE'Navanff Master Association o, its president Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Asst Town Manager, Com Dev Matt Pielsticker, Planner II January 21, 2010 Ordinance No. 10 -05, Series of 2010 Amending the Canyon Run PUD To Permit Short Term Rental Units On Lot 4. Summary: The Canyon Run HOA submitted an application to amend the Canyon Run Planned Unit Development ( "PUD ") to permit "Short Term Rentals" as a use by right on Lot 4 of the development. The Planning and Zoning Commission made a unanimous recommendation for approval of this application at their March 3, 2010 meeting. Please refer to the attached Planning and Zoning Commission packet information related to this application for details of the property and proposal. Background: The Town Council adopted a Short Term Rental Overlay Zone District last year to permit such uses for hotel rooms condominium units or other accommodation units in specific areas of town that were adjacent to the town core and residential in nature. PUD zoned properties were not included in the overlay district and instead must apply for PUD amendment to include short term rentals as a permitted use in the development. This application is in conformance with the review criteria for PUD amendments and the intent of the Short Term Rental Overlay District by concentrating accommodation units in residential areas of the town core. Recommendation: Staff recommends the Council approve Ordinance No. 10 -05, Series of 2010, citing the findings contained herein which support amending the Canyon Run PUD to add "Short Term Rentals" as a use by right. Proposed Motion: "I move to Approve Ordinance No. 10 -05, Series of 2010 Amending the Canyon Run PUD to permit short term rental units on Lot 4." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE 10 -05 SERIES of 2010 AN ORDINANCE APPOVING AN AMENDMENT TO THE NOTTINGHAM STATION PUD, LOT 4, NOTTINGHAM STATION SUBDIVISION, TO ALLOW SHORT TERM RENTAL USE WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ") Amendment, by Ordinance No. 95 -7, which set forth the standards and described the permitted uses for Lot 4, Nottingham Station to include "Multiple Family Dwelling Units and associated garages plus one management unit not to exceed 330 square feet;" WHEREAS, the Town of Avon does not permit short term rental use as an accessory use to residential property pursuant to the Town of Avon Municipal Code ( "AMC "); WHEREAS, Vicki Eastman, with the permission of and on behalf of the Canyon Run Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on March 3, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings and make a recommendation of approval to the Town Council; WHEREAS, Policy C.1.3 of the Town of Avon Comprehensive Plan states, "Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services "; WHEREAS, the Town approved Ordinance 09 -12, to permit Short Term Rental uses as defined by Section 3.28.020 for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, in areas of the town core that are residential in nature; and, WHEREAS, the Town Council of the Town of Avon held a public hearing on March 23, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Brookside PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council finds this application is in substantial compliance with the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application Ord No. 10 -05 and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: SECTION 1. AMENDMENT TO NOTTINGHAM STATION PUD. The Nottingham Station Planned Unit Development, Lot 4, Nottingham Station Subdivision, is hereby amended to include Short Term Rental as an allowed use, as defined by Chapter 17.20.140 of the Avon Municipal Code, as may be amended or re- codified from time to time. SECTION 2. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. Page 2 of 4 Ord No. 10-05 [signature page follows] Page 3 of 4 Ord No. 10 -05 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 91h day of March, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2010, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 26th day of March, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 4 of 4 Ord No. 10 -05 Staff Report PUD Amendment March 2, 2010 Planning & Zoning Commission Meeting Report Date February 26, 2010 Project Type Planned Unit Development (PUD) Amendment Legal Description Lot 4, Nottingham Station PUD Prepared By Matt Pielsticker, Planner II Summary The applicant, Vicki Eastman, on behalf of the Canyon Run Homeowners Association, has applied for a Planned Unit Development ( "PUD ") Amendment to Lot 3, Nottingham Station PUD, commonly known as "Canyon Run." The proposal is to allow "Short Term Rentals," or rentals of duration less than thirty -one (31) days, in addition to the currently allowed land uses. The Nottingham Station PUD calls out "Multiple Family Dwelling Units and associated garages" for Lot 4 on the approved PUD documents. The Zoning Ordinance defines a multi- family dwelling as a structure with three or more residential dwelling units, not to include lodge type uses. This amendment request will add "Short Term Rentals" to the list of allowable land uses, which is currently limited to the following: condominium units and associated attached garages, detached garages, parking spaces and driveways, trash enclosures, and enclosed management storage. Staff recommends approval of this application to allow short-term rentals as a use in the Nottingham Station PUD. Process Short Term Rentals are regulated pursuant to Sec 17.20.140 of the Zoning Ordinance. PUDs that are not included in the Short Term Rental Overlay District and do not already include short term rentals as a permitted use must apply for a PUD amendment. PUD amendments are adopted by Council Ordinance. The review process requires a hearing and recommendation by the Commission followed by a second public hearing before the Council. After holding a public hearing in accordance with Sec 17.12.100 of the Zoning Ordinance, the Town of Avon Planning and Zoning Commission will make a formal recommendation to the Avon Town Council based on the compatibility of this land use and compliance with the review criteria found within this report. Council will hold a hearing within 30 days of the Commission hearing and either approve, approve with conditions, or deny the application. The Canyon Run HOA, which controls all management duties of the project, has approved this specific use, and the private covenants allow for "dwelling and lodging purposes only'. 2 Property Description The property is zoned PUD and is entitled up to 70 dwelling units. As constructed, the condominium units are grouped into a total of 9 buildings — Buildings A through I. The structures are situated in a linear fashion between the parking and driveway and the Eagle River to the South. There is an 8' recreation path located between the roadway and driveway /parking portion of the property. The row of parking on the north side of the project is a combination of covered garage and open -air parking. Open space abuts the west and southern boundaries of the property. There is a mix of single - family, duplex and multi- family properties in the immediate neighborhood, including Avon Crossing and Eaglebend apartments. Policy Analysis The intent of the Short Term Rental Overlay (STRO) District regulations is to permit "Short Term Rental uses for hotel room, condominium unit, or other accommodation in areas of the town core that are residential in nature." Permitting short term rentals in the Nottingham Station PUD is consistent with the intent of the STRO regulations. The Property is located in close proximity to town center amenities and is directly served by the Town of Avon Transportation system with a bus stop on Hurd Lane. In addition to the established transportation system, residents and visitors can walk approximately 1,500 feet to the Riverfront Gondola to connect with the resort. Planning Analysis The applicant is requesting that short term rentals be permitted as a use by right in all of the buildings. Property owners in this project have historically utilized their units for short term rentals and the Homeowners Association has approved this land use. The private covenants for the property permit this use in addition to customary residential uses. During the Short Term Rental Overlay district hearings with the Town Council, the applicant was actively engaged with the process in order to protect what owners have historically understood to be a use by right. After it was determined that the Overlay district could not impact existing PUD development approvals, the property management was directed to submit a PUD amendment application in order to legitimize this pre- existing use. As stated, the property was contemplated when drafting the STRO district regulations, and the property is situated in an ideal portion of Town to accommodate this land -use. In terms of parking, this property is sufficiently parked in accordance with the approved PUD documents and parking is adequate for either short term rental use or permanent residents. The parking requirement is congruent with the standard residential parking regulations as outlined in Sec 17.24.020 of the Zoning Code. There is a mix of deeded garage spaces, open -air surface spaces, and signed guest parking. 3 Engineering Analysis The application does not require any modifications to the Property that would require engineering design. Design Review The application does not require any modifications to the Property or the buildings that would require design review. Findings The proposed PUD Amendment to allow Short Term Rentals at the Canyon Run Townhomes is consistent with the review criteria set forth in Section 17.20.110 of the Zoning Code as follows: 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The PUD amendment would allow short term rentals on the property, which is consistent with Avon's desire to encourage tourism and visitors. 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. There are no proposed changes to the exterior design of the project that will be required to accommodate short-term rental units on the property 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The architectural design of the project would remain as it is today. No aspects related to the design compatibility with the immediate environment would be affected with the addition of short term rentals to the list of allowed uses. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The surrounding land -uses and densities in the surrounding area provide a compatible and practical relationship with the proposed additional short term rental use. There is a mix of residential and commercial uses in the immediate area. 5. Identification and mitigation or avoidance of natural and /or geologic hazards that affect the property upon which the PUD is proposed. Canyon Run is not located near any natural or geologic hazards. 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 Property is located along the north side of the Eagle River. The building and site design of the Property are responsive to the sensitive and natural features of the 4 river environment. There is a Town owned piece of property contiguous with the entire south property line for continued open space. All of the buildings are setback at least 30' from the Eagle River. 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. The circulation system is design for both vehicles and pedestrians. The Transportation Plan acknowledges the path in front of the complex as an "existing core trail ". The Transportation Plan envisions continued summer and winter bus service on Hurd Lane to service the project. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Nottingham Station PUD is well- connected with the river environment bordering the south side of the property. 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 is required for this proposal. 10.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The local Red bus line has frequent service directly in front of the property. Please see the aerial vicinity map attached as Exhibit A for the exact location of this particular stop. Residents and guests can access the resort, shopping, and other services in the town core. No additional burden will be experienced for public services such as sewer, water, and schools. There are no additional anticipated impacts generated by this land -use on the property then the current land -use mix. 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 Property has two direct points of access from Hurd Lane. Ingress and egress to the Property is safe with adequate site distance in either direction of the entrances. There will be no additional units or density created as a result of this amendment. 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. 5 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. 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. The Avon Comprehensive Plan supports resort and lodge type development in the Town Core area, and there is a public purpose inherent with lodge type housing which the current entitlements cannot achieve. The location of this property, in close proximity to the entrance of Beaver Creek resort, and walking distance to the Town Center, creates a compatible workable situation with adjacent uses. Recommended Motion Staff recommends APPROVAL of the PUD Amendment to permit short term rentals on Lot 4, Nottingham Station PUD (Canyon Run) to the Avon Town Council with the following findings of fact related to the applicable criteria: 1. The subject application is in substantial conformance with the Town of Avon Comprehensive Plan Goals and Objectives (Criterion 1); and, 2. The proposed use and associated activity provide a compatible, efficient and workable relationship with surrounding uses; and, 3. The Town desires to permit "Short Term Rentals" in residential /mixed -use areas of the Town Core that are designed as such and where property owners wish to engage in short-term renting of dwelling units; and, 4. The approval of this application and corresponding Ordinance will help to protect and preserve the health, safety, and welfare of the Avon community." Exhibits A: Vicinity Map B: PUD Regulations Canyon Run pwhl h;* — Residential Streets V Tlu. nuy n W p.d,utl bY!M wmnw,uy Duvtkp,nan,!npaMa!n! U:a of F® Property Boundaries al,n�.i..- 9en.Hl Wp.— IjY Taro Oi.:ln:dw:s: °- 0 90 180 .�way.rfw faro wam.ud Mi ;in C—W by f...."Y D— kVn,!M Dpp n-. 9 ci° A° aJOn^. 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N m m N it o =r m m LS: H arm y n m 7 m m m m w m m p° m w 6 pj ° �l' H m A m o N ;G o N N o o y o yw 0 o ym y o �D '° CL y gm C� ND �.am aim p�, °.a n.<m fn 06 °.a- <a n Q. �+ o am B. am .°o am .o CL as CL 0 m m a CD 6 �N T. m m ��+�my�mv+�a3�i3�.3�i3,a9 m m m m ID O ^. o -.. o ..• o(D o -. o C3,�3�i3, ..• ..• o AN oco fD N °m �m3Cm��m N N V) N om'ym, N N ?� c.m�. W U �3 e. m 2.m2.,^mom2.m�m2. m e Sl c 61 �. tcbl 3 3 m� 3 (D 3 ID r Pr :3 5 5 z m�> > CL a & a ("'o �m N N 0 d m a m O m a a pN N 01 m fD N m fD N m m m m N N O m- m- @ (D N H N Exhibit B NEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: March 3, 2010 SUBJECT: Traer Creek Plaza, LLC Appeal Summary: Traer Creek Plaza, LLC submitted an application for a condominium subdivision approval. The Town Clerk took action to not place Traer Creek Plaza's condominium subdivision application on the Town Council agenda pursuant to the authority in Section 16.12.050 of the Avon Municipal Code. Traer Creek Plaza, LLC submitted a written appeal to request reconsideration of the Town Clerk's decision by the Town Council. Town Council held a hearing for Traer Creek Plaza, LLC at the February 23, 2010 regular Town Council meeting and took action to close the record with certain additions and corrections requested by myself as the Town Attorney and with direction to town staff and Traer Creek Plaza, LLC to provide proposed written findings for the Town Council's consideration. Attached to this memorandum is a proposed written Findings of Fact and Final Decision for the Town Council's consideration prepared by town staff and a Proposed Findings of Fact, Conclusions, and Order submitted by the Applicant - Appellant. The Town Council is required to render a final decision of the Traer Creek Plaza, LLC appeal within 35 days of February 23, 2010. Requested Town Council Action: Render a final decision of the Traer Creek Plaza, LLC appeal within 35 days of February 23, 2010. Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1-G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org Findings of Fact and Final Decision [town staff draft for Town Council consideration] Town of Avon Town Council RE: Traer Creek Plaza, LLC Condominium Subdivision Application [March 3, 2010] FINDINGS OF FACT AND FINAL DECISION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO REGARDING: TRAER CREEK PLAZA, LLC APPEAL ADOPTED 92010 The following findings of fact are adopted by the Town of Avon Town Council as the basis and rationale for the final decision of the Town Council with regard to an appeal by Traer Creek Plaza, LLC of a decision by the Town Clerk. 1. Application Background: Traer Creek Plaza, LLC submitted a condominium subdivision application ( "Application ") to the Town of Avon on August 28, 2008, to subdivide the building ( "Traer Creek Plaza ") located on Lot 2, The Village (at Avon) Filing 1, Avon, Colorado, to create 13 commercial units ( "Commercial Units "), one parking unit ( "Unit I"), and 16 limited common element storage units. Exhibit C of the Village at Avon PUD Guide ( "VAA PUD Guide ") defines the quantity of required off -street parking for the proposed uses at Traer Creek Plaza as a total of 215 required off -street parking spaces. The Application depicts a surface parking area with a total of 95 spaces and a two level below grade parking garage with a total of 168 parking spaces for a total of 263 off - street parking spaces. The Application proposes to establish the surface parking area with 95 parking spaces as a common element (that would be owned by an owner's association comprised of the Commercial Unit owners) and establish Unit 1 as a separately defined condominium unit (which is not a common element or limited common element of the proposed owner's association.) The Application and related materials clearly indicate that the intent of the Application and the right of Traer Creek Metropolitan District ( "District ") is that Unit 1 will be conveyed to the District if the Application is approved by the Town Council. 2. Decision of the Town Clerk: The Town Clerk provided a letter on February 3, 2010 to the representative of Traer Creek Plaza, LLC informing Traer Creek Plaza, LLC that the Application would not be placed on a Town Council agenda in accordance with Section 16.12.050 of the Avon Municipal Code ( "Municipal Code ") because (a) the Application is not in compliance with the Town's regulations concerning subdivision and ownership of required parking and (b) Traer Creek Metropolitan District is considered to be an applicant for the purposes of the Application and that Traer Creek Metropolitan District is currently in default of agreements with the Town of Avon. Traer Creek Plaza, LLC, represented by Michael Repucci, provided a letter dated February 4, 2010 requesting an appeal of the Town Clerk's decision to the Town Council in accordance with Section 16.12.050(d) of the Municipal Code. 3. Statement of Incorporation of List of Documents: The Town Council received a list of documents and records related to the Application which is identified as, "Traer Creek Plaza, LLC Subdivision Application, List of Documents, prepared February 25, 2010," ( "List of Documents "). The Town Council finds that it has considered all documents cited in the List of Documents, as well as has considered the Municipal Code and relevant state statutes, and Page 1 Findings of Fact and Final Decision [town staff draft for Town Council consideration] Town of Avon Town Council RE: Traer Creek Plaza, LLC Condominium Subdivision Application [March 3, 2010] incorporates all such documents into the findings of the Town Council. References to documents and correspondence in this Findings of Fact and Final Decision cite the List of Documents. 4. Findings Concerning Separation of Ownership of Required Parking: a. VAA Agreement and PUD Guide: The VAA Agreement provides that the PUD Guide is part of the "Development Plan" approved by the Town of Avon and the PUD Guide is defined as, "The document approved by the Town that establishes land use and development regulations for all of the Property and each of the Planning Areas within the Property."' The PUD Guide, I.3. states, "Parking Requirements. Parking shall be in conformance with The Village (at Avon) Parking Regulations set forth in Exhibit C to this PUD Guide." The PUD Guide, Exhibit C. sets forth a parking table in sub -part A, includes a statement that "Shared Facilities" for parking is permitted in sub -part B, establishes standards and formulas for reduction of parking requirements in mixed use projects in sub -part C, and allows for reduction of parking dimensions for compact cards in sub -part D. No regulation or standard in PUD Guide, Exhibit C expressly addresses the issue of ownership of required parking or the separation of ownership of required parking from the use or building which that parking serves. The VAA Agreement provides that vested rights to develop within the Projece includes "The right to develop and complete the development of the Project (including, without limitation, the right to receive all Town approvals necessary for development of the Project) with conditions, standards and dedications which are no more onerous than those imposed by the Town upon other developers in Town on a uniform, non- discriminatory and consistent basis. ... "3 The PUD Guide also states, "Where the Development Plan does not address a specific subject, the applicable provisions of the Municipal Code shall, to the extent such Municipal Code provisions are not inconsistent with any provision of the Development Plan or the Annexation and Development Agreement, control the development of The Village (at Avon). "4 The PUD Guide does not expressly state that the parking regulations contained in Exhibit C are the sole and exclusive regulations which can be applied to development within The Village (at Avon) and the PUD Guide expressly states that the Municipal Code shall control the development of The Village (at Avon) where the Development Plan does not address a specific subject. The Development Plan does not address the specific subject of establishing, permitting or allowing the parking required to serve a use or building to be legally separated from the use or building which it is serving. Item 29, VAA Agreement, Sections 1. 1.9 "Development Plan" defined, 1. 1.35 "PUD Guide" defined, and Section 3.1 "PUD Zoning." 2 Item 29, VAA Agreement, Section 1. 1.28 "Project' defined. 3 Item 29, VAA Agreement, Section 3.4(d), similar statements are made in Item 25, VAA Agreement Section 3.6 and PUD Guide, Section A.4. 4 Item 29, PUD Guide, Section A.S. Page 2 Findings of Fact and Final Decision [town staff draft for Town Council consideration] Town of Avon Town Council RE: Traer Creek Plaza, LLC Condominium Subdivision Application [March 3, 2010] b. Parking Regulations, Avon Municipal Code. The Municipal Code requires condominium subdivision applications to be reviewed and approved by the Town Council but does not expressly state the review process for condominium applications. The Application was submitted, received and processed as a minor subdivision, condominium final plat.5 Section 16.24.010 of the Municipal Code states that the final plat must conform to the preliminary plan. Section 16.20.040 of the Municipal Code states that the Town Council shall review the preliminary plan to determine whether the proposed subdivision conforms to applicable zoning and subdivision regulations. Section 17.24.010(a)(1) of the Municipal Code states the Town's Off - Street Parking and Loading regulations shall apply, "For all buildings and structures erected, and all uses of land established after the effective date of the ordinance codified in this Chapter, accessory parking and loading facilities shall be provided in accordance with the provisions of this Section and subject to any restrictions contained elsewhere in this Chapter for the district in which such facilities are located." Section 17.08.040 defines "accessory building or use" to mean, "a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, Section 17.24.020(a)(1)a. of the Municipal Code states, "All parking spaces required to serve buildings or uses erected, established, altered or enlarged after the effective date of the ordinance codified in this Chapter shall be located on the same lot as the building or use served, ..." Section 17.24.020(a)(2)a. of the Municipal Code states, "In cases where parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be in the same possession as the lot occupied by the building or use to which the parking facilities are accessory. Such possession shall be by deed or lease, and such deed or lease shall be filed with the recorder of deeds of Eagle County." Section 17.24.020(a)(2)b. states that the termination of lease for off -site parking shall classify the use as an illegal non- conforming use and shall be subject to zoning enforcement action. Section 17.08.440 of the Municipal Code states, "Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder, ..." and Section 16.08.110 of the Municipal Code states, "Lot means the individual parcels or separate interests into which a tract of real property is to be divided for purposes of occupancy or transfer of ownership." C. Finding of intent and purpose. The Town Council finds that the intent and purpose of Section 17.24.020 Off - Street Parking of the Municipal Code is to require the parking which is accessory to the use or building that it serves to be in the same ownership as the building or use that it serves in order to allow the Town to enforce such parking requirement through its zoning enforcement authority. The Town Council further finds 5 Item 21 Page 3 Findings of Fact and Final Decision [town staff draft for Town Council consideration] Town of Avon Town Council RE: Traer Creek Plaza, LLC Condominium Subdivision Application [March 3, 2010] that the requirement that accessory parking should remain in the same ownership as the building or use it serves promotes the intent of the Municipal Code, stated in Section 17.04.030(2) "To lessen congestion on the roads and enhance pedestrian and vehicle movement with the least detriment to environmental quality;" by maintaining the Town's zoning enforcement authority to enforce an adequate amount of required off - street parking. d. Definition of Lot as Applied. The Town Council finds that the Application proposes to establish Unit 1 as a separate "Lot" because Unit 1 would have a separate and distinct number or letter on the Traer Creek Plaza condominium map to be recorded in the Eagle County Clerk and Recorder's Office and that Unit 1 would be a separate interest of real property divided for the purpose of transfer of ownership. The Town Council further finds that the Application does not propose that Unit 1 would be in the same possession by deed or lease as the building or use for which Unit 1 is necessary to meet the off - street parking requirements. Correspondence from Ms. Sisneros, legal counsel for Traer Creek Metropolitan District, confirms the intent of the Application is to create a legal, separate ownership interest in Unit 1 that is separate from the ownership of the remainder of the Commercial Units in the Application. e. Subdivision Variance Application Process. Town Council finds that Section 16.12.020 Variances of the Municipal Code permits an applicant to apply for a variance from the strict or literal application of the subdivision regulations where such application would result in undue hardship or where the regulations are not materially important, in a planning sense, to the orderly controlled development of the tract in question. Town Council finds that the Subdivision Variance application process would be the appropriate subdivision application process to consider a subdivision application where the applicant proposes the separation of ownership of the accessory parking from the building or use that it serves. L Final Decision. Based on the findings stated above, the Town Council finds that the Application does not provide the required amount of accessory parking to serve the building or use within the same ownership as the building or use that such accessory parking serves, and therefore, the Application is not in compliance with the applicable standards of the Municipal Code. Pursuant to Section 16.12.050 of the Municipal Code the Application as submitted is not entitled to be placed on a meeting agenda of the Avon Town Council for consideration by the Avon Town Council. 5. Findings Concerning Traer Creek Metropolitan District as an Applicant: a. Municipal Code. Section 16.12.010 of the Municipal Code states, "No person but the owner of land may subdivide or make application to subdivide such land without first having obtained a properly acknowledged power of attorney to subdivide such land from the owner or owners thereof of from the authorized agents of said owners." Chapter 16.08 of the Municipal Code does not define "owner," "agent" or "land." The 6 Item 14, Exhibit 13, Pages 1 and 2. Page 4 Findings of Fact and Final Decision [town staff draft for Town Council consideration] Town of Avon Town Council RE: Traer Creek Plaza, LLC Condominium Subdivision Application [March 3, 2010] Town has previously and consistently interpreted "owner of land" to include the owner of buildings for the purposes of condominium subdivision applications. Section 16.08.080 of the Municipal Code states, "Easement means a conveyance or reservation of an incident of ownership in real property for one (1) or more specific purposes." b. Development Agreement and related documents. The Town of Avon issued a building permit for Traer Creek Plaza in April of 2004. Subsequent to the issuance of the building permit by the Town of Avon, Traer Creek -L2, LLC (the predecessor to Traer Creek Plaza, LLC and referred to as "Developer ") and Traer Creek Metropolitan District ( "District ") entered into a Development Agreement, dated December 1, 2004, a Common Easement Agreement dated December 1, 20048, and a Parking Facility Easement Agreement, dated December 10, 20049. The Development Agreement sets forth provisions in Section 4 Submission to Condominium Regime regarding cooperation in the submission of an application to the Town of Avon to establish a condominium regime ( "Condominium Regime "). Section 4(b) of the Development Agreement states that the District covenants to pay the Developer twenty percent (20 %) of all costs and expenses related to the formation of the Condominium Regime. Section 4(b) of the Development Agreement states, "The Developer acknowledges and agrees that the District shall be entitled to review the proposed declarations, maps, bylaws, and other documents or instruments to be entered into or produced in connection with the establishment of the Condominium Regime." Section 4(b) of the Development Agreement also states that the Developer shall immediately convey Unit 1 to the District by special warranty deed upon approval of the condominium application. Traer Creek -L2, LLC granted and conveyed an easement to the District to construct and maintain a parking structure and all appurtenances by the Parking Facility Easement Agreement. C. Statements of Ownership. Ms. Sisneros states that Traer Creek Metropolitan District presently owns the parking garage which the Application proposes to establish as Unit 1 of the condominium.10 Mr. Ayers confirms that Traer Creek Metropolitan District presently owns the parking garage which the Application proposes to establish as Unit 1 of the condominium.' 1 Mr. Repucci also stated and confirmed at the February 23, 2010 hearing that Traer Creek Metropolitan District presently owns the parking garage which the Application proposes to establish as Unit 1 of the condominium. d. Default. The Town Council finds that Traer Creek Metropolitan District is in default of the VAA Agreement with the Town of Avon based upon notices of default 12 and claims asserted in the District Court case of Town of Avon versus Traer Creek Metropolitan Item 24 8 Item 25 9 Item 23 10 Item 7, page 3 11 Item 6, page 1 12 Item 32 Page 5 Findings of Fact and Final Decision [town staff draft for Town Council consideration] Town of Avon Town Council RE: Traer Creek Plaza, LLC Condominium Subdivision Application [March 3, 2010] District, 2008 CV 385 filed in Eagle County, which pleadings are incorporated into the record by this reference. e. Final Decision. Based on the findings stated above, the Town Council finds that the Development Agreement, Parking Facility Agreement and Common Easement establish a beneficial ownership interest in real estate for the benefit of Traer Creek Metropolitan District; the obligation of Traer Creek Metropolitan District to cooperate and participate in a condominium subdivision application for the Traer Creek Plaza building; the right of Traer Creek Metropolitan District to review, participate and approve a condominium subdivision application; the obligation of Traer Creek Metropolitan District to pay a portion of the condominium subdivision application fees and costs; and the right of Traer Creek Metropolitan District to receive fee ownership to a separate ownership interest described as Unit 1 of the Application; and that representatives of the Application and Traer Creek Metropolitan District have stated and confirmed that Traer Creek Metropolitan District is presently the owner of the parking garage area. Therefore, the Town Council finds that Traer Creek Metropolitan District is the owner of a real property interest in Lot 2, The Village at Avon Filing No. 1, Avon, Colorado; that Traer Creek Metropolitan District has authorized Traer Creek Plaza, LLC to submit a condominium application on behalf of Traer Creek Metropolitan District's ownership interest; and that Traer Creek Metropolitan District is an applicant for the purposes of Section 16.12.050 of the Municipal Code. Town Council also finds that Traer Creek Metropolitan District is in default of the VAA Agreement with the Town of Avon. Pursuant to Avon Municipal Code Section 16.12.050, the Application as submitted is not entitled to be placed on a meeting agenda of the Avon Town Council for consideration by the Avon Town Council until such time as Traer Creek Metropolitan District is not in default with the Town of Avon or Traer Creek Metropolitan District is divested of any beneficial real property ownership interest in Lot 2, The Village at Avon, Filing NO. 1, Town of Avon, Colorado. 6. Limitation of Findings of Fact and Final Decision: The Findings of Fact and Final Decision contained herein are limited to consideration of the Town Clerk's decision to not place the Application on an agenda of the Town Council. Page 6 TOWN OF AVON, COLORADO APPEAL BY TRAER CREEK PLAZA LLC CONCERNING THE TRAER CREEK PLAZA LLC CONDOMINIUM PLAT APPLICATION PURSUANT TO SECTION 16.12.050 OF THE AVON MUNICIPAL CODE TRAER CREEK PLAZA LLC, a Colorado limited liability company, Applicant - Appellant, vs. TOWN OF AVON, a Colorado home rule municipality, and PATTI McKENNY, in her capacity as TOWN CLERK of TOWN OF AVON, Respondent - Appellee ATTORNEYS FOR APPLICANT - APPELLANT: Michael J. Repucci, #16163 JOHNSON & REPUCCI LLP 2521 Broadway, Suite A Boulder, Colorado 80304 Telephone: (303) 442 -1900 Facsimile: (303) 442 -0191 PROPOSED FINDINGS OF FACT, CONCLUSIONS, AND ORDER THE TOWN OF AVON TOWN COUNCIL (the "Avon Town Council "), having reviewed the public record of this appeal as detailed on Exhibit 1 attached hereto, and the oral arguments of the parties made at the February 23, 2010 appeal hearing of Applicant - Appellant Traer Creek Plaza LLC ( "Traer "), hereby delivers its findings of fact, conclusions, and order with respect to Traer's appeal of the January 3, 2010 decision of Avon Town Clerk Patty McKenny (the "Town Clerk ") to decline to place Traer's Condominium Plat Application on the Avon Town Council meeting agenda for February 9, 2010, or on a later Avon Town Council meeting agenda (the "Town Clerk's Decision "). I. FINDINGS OF FACT 1. Traer's appeal of the Town Clerk's Decision was timely submitted in accordance with Avon Municipal Code Section 16.12.050(d). {00113877`•2} 2. The February 23, 2010 hearing concerning Traer's appeal of the Town Clerk's Decision was properly noticed as required by the Avon Municipal Code. 3. The Avon Town Council, acting in its capacity as a quasi-judicial tribunal, properly has jurisdiction over the matters described in Traer's appeal and has full legal power and authority to render its decision with respect to Traer's appeal. 4. The Town Clerk's Decision was premised on the two grounds set forth in the Town Clerk's January 3, 2010 correspondence to Helaine R. Smith of Johnson & Repucci LLP, to wit (a) the Town Clerk's determination that Traer's application "is not in compliance with the standards of the applicable regulations as identified by Sally Vecchio, Community Development Director," and (b) the Town Clerk's determination that " Traer Creek Metropolitan District is effectively a co- applicant of the Application and is currently in default under the Village at Avon Annexation and Development Agreement with the Town based on the memorandum from Eric Heil, Town Attorney." 5. At the February 23, 2010 appeal hearing, Community Development Director Sally Vecchio and Town Attorney Eric Heil presented oral arguments on the record in support of the Town Clerk's Decision, and Michael Repucci of Johnson & Repucci LLP, appearing on behalf of Traer, presented oral arguments on the record in support of Traer's position that the Avon Town Council should overrule the Town Clerk's Decision and direct the Town Clerk to place Traer's application on the next available Town Council agenda for public hearing. 6. With respect to the first ground asserted by the Town Clerk in support of the Town Clerk's Decision, Community Development Director Sally Vecchio stated that neither the preliminary plan nor the final plat for Village (at Avon) Filing No. 1 included approval of a parking garage to be a separately owned public improvement which would provide the required parking for the development of Lot 2, and that the proposed Condominium Plat is inconsistent with the Off - Street Parking Regulations of the Village at Avon PUD and various other cited sections of the Avon Municipal Code with respect to the proposed ownership of the Lot 2 underground parking areas. 7. Community Development Director Sally Vecchio stated that pursuant to the Parking Table contained in Exhibit C to the Village at Avon PUD Guide, the total parking requirements for the approved uses of Lot 2 is 215 parking spaces, but that Traer's proposed Condominium Plat Application provided for a total of 263 on -site parking spaces on Lot 2 (consisting of 168 parking spaces in the parking garage and 95 surface parking spaces), thereby resulting in 48 surplus parking spaces located on Lot 2. 8. Community Development Director Sally Vecchio further stated that if the 168 underground parking spaces are owned other than in co- tenancy as a general common element of the proposed condominium, then only 95 parking spaces are available for Lot 2 as compared to the 215 required parking spaces. {00 113 877 \ 2} '7 9. Finally, Community Development Director Vecchio stated that Traer's proposed Condominium Plat Note 19 restricting use of the 168 underground parking spaces to public parking is inadequate because the restriction would continue for only so long as those parking spaces are owned by Traer Creek Metropolitan District, rather than in perpetuity. 10. Mr. Repucci responded to Community Development Director Vecchio's presentation by pointing out that pursuant to Mr. Repucci's November 23, 2009 correspondence to Town Attorney Heil, Traer previously agreed to revise proposed Condominium Plat Note 19 to restrict use of the 168 underground parking spaces to public parking purposes in perpetuity and without regard to ownership, and to grant the Town of Avon rights with respect to enforcement of that restriction, thereby allowing Traer to meet, and exceed, the public parking requirement. 11. Mr. Repucci stated that the sole parking regulations governing development within the Village at Avon PUD are contained within Exhibit C to the Village at Avon PUD Guide (the "Village Parking Regulations "), and that the parking regulations contained in the Town of Avon Municipal Code do not apply to development within the Village at Avon. 12. Mr. Repucci further stated that the proposed parking plan described in Traer's Condominium Plat Application is in compliance with the Village Parking Regulations and is therefore fully permissible. Specifically, the Village Parking Regulations do not contain any requirements regarding ownership of parking areas, and that ownership of parking spaces or areas is not a relevant factor in calculating whether sufficient parking spaces are provided under the requirements of the Village Parking Regulations. 13. With respect to the second ground asserted by the Town Clerk in support of the Town Clerk's Decision, Town Attorney Eric Heil stated that Avon Municipal Code Section 16.12.0 10 requires all owners of land sought to be subdivided to be applicants for subdivision approval, and that the interests of Traer Creek Metropolitan District in Lot 2 essentially make Traer Creek Metropolitan District an "owner" and "co- applicant" for the purpose of applying Town of Avon Municipal Code Section 16.12.050(c) (which, in Mr. Heil's opinion, purportedly would allow the Town of Avon to decline to consider Traer's application until the alleged defaults of Traer Creek Metropolitan District under the Village at Avon Annexation and Development Agreement are cured). 14. Mr. Repucci stated that only Traer is listed as the owner of Lot 2 in the Eagle County public records and on the Eagle County real property tax rolls. Mr. Repucci stated that Traer Creek Metropolitan District does not have an ownership interest in the land within Lot 2, that it owns only the improvements comprising the parking structure, and those improvements are located within Lot 2 pursuant to the District's easement interest in Lot 2. Mr. Repucci further stated that Section 16.12.010 expressly states "No person but the owner of land may subdivide or make application to subdivide," and that the Town's regulations therefore prohibit any parry other than the owner of the land from being an applicant. Mr. Repucci further observed that if the Town of Avon takes the position that an easement interest owner is to be treated as an "owner" and a "co- applicant" for purposes of applying Town of Avon Municipal {00113877 \ 2} 3 Code Section 16.12.010, then all easement interest owners, including all utility providers, are required to be similarly treated with respect to all past and future Town of Avon subdivision applications, and there is no evidence that the Town has ever taken this position on any prior subdivision application. II. CONCLUSIONS 15. With respect to considering Traer's appeal of the Town Clerk's Decision, the Avon Town Council is mindful that it cannot consider the relative merits of Traer's Condominium Plat Application at this time. Rather, Avon Town Council is solely required to determine if adequate grounds exist to support the Town Clerk's Decision to refuse to place Traer's Condominium Plat Application on the Avon Town Council meeting agenda for February 9, 2010, or on any later Avon Town Council meeting agenda. The Proposed Lot 2 Parking Plan is Not Inconsistent with the Village at Avon PUD Guide. 16. The sole parking regulations governing development within the Village at Avon PUD are contained in the Village Parking Regulations. 17. There are no restrictions contained in the Village Parking Regulations which would lead the Avon Town Council to determine that the proposed parking plan described in Traer's Condominium Plat Application is inconsistent with the Village at Avon PUD Guide, and therefore the Avon Town Council hereby concludes that the proposed parking plan described in Traer's Condominium Plat Application is not inconsistent with the Village at Avon PUD Guide. 18. Notwithstanding the foregoing finding, however, following public hearing on Traer's Condominium Plat Application the Avon Town Council reserves the right to consider further whether other conditions or restrictions are required to be imposed on Lot 2 underground parking spaces in order to ensure that an adequate number of parking spaces remain available on Lot 2 to provide parking spaces for Lot 2 permitted uses in accordance with the requirements set forth in the Village Parking Regulations. Traer Creek Metropolitan District is not an "Owner of Land" within the Meaning of Town of Avon Municipal Code Section 16.12.010, and therefore is not a "Co Applicant "for Purposes of Applying Town of Avon Municipal Code Section 16.12.050(c). 19. The Avon Town Council concludes that the reference to "the owner of land" contained in Avon Municipal Code Section 16.12.010 refers to the fee title owner of the land to be subdivided, and not to any holders of other interests in that land. 20. Traer is the sole fee title owner of Lot 2 and therefore is considered the sole "applicant" for purposes of applying Town of Avon Municipal Code Section 16.12.050(c). 21. A court of competent jurisdiction has not found Traer or any of its affiliates in default of any agreement or obligation with the Town of Avon. {00113877 \ 2} 4 22. Alternatively, even if Traer Creek Metropolitan District is deemed to be a "co- applicant" for purposes of applying Town of Avon Municipal Code Section 16.12.050(c), a court of competent jurisdiction has not found Traer Creek Metropolitan District or any of its affiliates in default of any agreement or obligation with the Town of Avon. Traer is Entitled to Placement of Traer's Condominium Plat Application on the First Available Town of Avon Town Council Agenda. 23. Since the Avon Town Council concludes that neither of the two grounds cited by Avon Town Clerk Patty McKenny is applicable, Traer is entitled to placement of Traer's Condominium Plat Application on the first available Avon Town Council agenda. III. ORDER 24. Based on the foregoing, the Town Clerk's Decision is hereby reversed and overruled. 25. Traer's Condominium Plat Application is hereby ordered to be placed on the first available Avon Town Council agenda for public hearing and consideration by the Avon Town Council. DATED this _ day of 2010. BY THE TOWN OF AVON: Brian Sipes, Mayor Pro -Tern {00113877 \ 2} EXHIBIT 1 PUBLIC WRITTEN RECORD OF APPEAL {00113877 \ 2} PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW 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 MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 2:00 PM — 3:45 PM 1. EXECUTIVE SESSION a. Conference for the purpose of receiving legal advice on specific legal questions pursuant to Colorado Revised Statute §24- 6- 402(4)(b) concerning the Traer Creek Plaza, LLC Condominium Plat application appeal b. Developing strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to pending litigation and settlement discussions regarding Town of Avon v. Traer Creek Metropolitan District, 2008 CV 0385 c. Developing strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to the Upper Eagle Regional Water Authority Water Treatment Plant Site, Harry A. Nottingham Park 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:45 PM — 4:00 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Community Development Updates (Sally Vecchio, Assistant Town Manager Community Development) Review project lists and schedules 4:00 PM — 4:45 PM 4. UPDATE ON AVON'S FINANCIAL CONDITION AND PROPOSED BUDGET AMENDMENTS (Scott Wright, Assistant Town Manager Finance) 4:45 PM — 5:15 PM 5. PUBLIC OUTREACH INFORMATION REGARDING THE CONNECT AVON NOW PROJECT (Jenny Strehler, Director PW &T, Jaime Walker, Community Relations Officer, Scott Wright, Assistant Town Manager Finance) Review draft public outreach materials 5:15 PM 6. ADJOURNMENT Avon Council Meeting. 10.03.09 Page 1 of 4 TOWN OF AVON, COLORADO AVON AVON WORK SESSION MEETING FOR TUESDAY, MARCH 9, 2010 o MEETING BEGINS AT 2 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW 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 MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 2:00 PM — 3:45 PM 1. EXECUTIVE SESSION a. Conference for the purpose of receiving legal advice on specific legal questions pursuant to Colorado Revised Statute §24- 6- 402(4)(b) concerning the Traer Creek Plaza, LLC Condominium Plat application appeal b. Developing strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to pending litigation and settlement discussions regarding Town of Avon v. Traer Creek Metropolitan District, 2008 CV 0385 c. Developing strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to the Upper Eagle Regional Water Authority Water Treatment Plant Site, Harry A. Nottingham Park 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:45 PM — 4:00 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Community Development Updates (Sally Vecchio, Assistant Town Manager Community Development) Review project lists and schedules 4:00 PM — 4:45 PM 4. UPDATE ON AVON'S FINANCIAL CONDITION AND PROPOSED BUDGET AMENDMENTS (Scott Wright, Assistant Town Manager Finance) 4:45 PM — 5:15 PM 5. PUBLIC OUTREACH INFORMATION REGARDING THE CONNECT AVON NOW PROJECT (Jenny Strehler, Director PW &T, Jaime Walker, Community Relations Officer, Scott Wright, Assistant Town Manager Finance) Review draft public outreach materials 5:15 PM 6. ADJOURNMENT Avon Council Meeting. 10.03.09 Page 1 of 4 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Dir. Ass't Town Manager /Comm. Dev. Date: March 4, 2010 Re: Department Project Updates Planning /Zoning 1. Timeshare East. PZC Final Design Review was continued at the applicant's request to a date uncertain. 2. Gore Range Science School - Final Design Review for the development was approved P &Z by the on March 2, 2010. 3. Lighting Ordinance Enforcement underway on Valley Floor. Violators will be notified by mail to contact the Planning dept to discuss the new requirements. If cost necessitates, staff will work with the property -owner on an extended installation schedule. 4. Land Use Code Update — Clarion has completed its contract work on the document. ZAC is meeting weekly through March to discuss the new requirements and to "test" the new standards and requirements. A joint meeting with TC and PZC is scheduled for March 23, 2010 to update both bodies on the progress of public review. 5. Transportation Vision Statements PZC has been working on additional vision statements for the Transportation Comprehensive Plan. The statements will be presented to the Council in April. Historic Preservation 1. Blacksmith Shop. At their January 27, 2010 meeting the Historic Preservation Committee unanimously voted to withdraw the application for historic designation of the Blacksmith Shop Building located at 2000 Hurd Lane. The Committee felt that the property- owners' conditions for designation were unwarranted (i.e. moving the building, rezoning the property). The Committee also agreed that properties should only be designated if the property -owner agrees to the designation without conditions. Previous actions on this designation include recommendation for approval of designation by PZC and tabled by the TC in Sept 2009 until staff and property owner could agree on mutually acceptable conditions of designation. Building Department 1. Permits Issued between Jan 1— Feb 28, 2010 — See attached tables. Engineering Department 1. Fishing is Fun Pier. Currently completing design, with construction scheduled for early May if there is not a water call. 2. Recreation Center Roof Replacement. Initiated design which should be completed on 5/7 & Construction scheduled for late June. 3. H.A. Nottingham Park Sign Replacement Program: Sign replacement is being identified for replacement in the spring. 4. Town Hall Parking Lot: The parking lot will be overlaid, drainage problems fixed and handicap ramps replaced late spring. 5. Town Hall HVAC Improvements: Staff is preparing an RFQ for evaluation and design services. Repairs will be made in fourth quarter of 2010. GIS Department Special Project Maps 1. Land Use Code Update - 40% slope maps, Wildlife data, Wildfire hazard maps 2. Salute maps for Staff and Fire District 3. ECO Trails updated as part of the intergovernmental trails master plan. 4. Park maps for Engineering 5. Avon Station Map for a new CDOT /Greyhound drop- off /pickup proposal at Avon Station. 6. Assessed value and voter registration research and maps for the CAN project Ongoing projects 1. US Census — involved with the Complete Count Committee headed up by the County. Distributing information, attending meetings, working with Jaime on press releases. 2. Asset Management Database . GPS project with Public Works. Starting with street lights, trashcans and trash pickup routes. Light posts will be GPS'd this summer. own Q) r ►ion Building Permits Januairy ZO)i 4 Town affAvom Building Permits February 2010 Permit Type Job Number Property Address Building Permit ABP10002 171 Yoder Ave. Building Permit MMC10004 360 Hurd Lane �Value roject Contractor Contractor Phone # , I , 10,000 Ascent Construction 801 - 288 -1711 8,428 Climate Control 970- 945 -2326 Permit Type Job Number Property Address Project Contractor Contractor Phone # Value Building Permit ABP10001 160 W. Beaver Creek $14,522 TBD TBD Mechanical MMC10002 120 Hurd Lane /A203 $4,000 Climate Control 970/945 -2326 Permit Mechanical MMC10003 133 Mountain Sage $14,000 R & H Mechanical 970/328 -2699 Permit Tenant Finish TBP10001 147 Nottingham Rd $25,000 TBD TBD Town affAvom Building Permits February 2010 Permit Type Job Number Property Address Building Permit ABP10002 171 Yoder Ave. Building Permit MMC10004 360 Hurd Lane �Value roject Contractor Contractor Phone # , I , 10,000 Ascent Construction 801 - 288 -1711 8,428 Climate Control 970- 945 -2326 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager - Finance Date: March 3, 2010 Re: Proposed Supplemental Budget Amendment Summary: Initials Staff will present to Council during the Tuesday worksession our recommendations as to supplemental 2010 budget cuts pursuant to our previous presentations regarding the Town's approximate $1.1 million shortfall in revenues due to the non - payment of municipal services and sales tax shortfall invoices by Traer Creek Metropolitan District. Discussion: The following is a description of the various proposed changes to the 2010 budget for the Town's General Fund. Expenditures - Personnel Savings = $443,41 • 1 patrol officer position in the Police Department and 1 maintenance worker in Public Works have been frozen indefinitely. • Layoffs have occurred with the administrative assistant positions in both the Public Works and Engineering Departments. • The new Facilities Superintendent position originally included in the Public Works Department budget and slated to begin in the fall has been eliminated. Job responsibilities for this position will be redeployed to the Engineering Department once the Heat Recovery project is completed. • The Full -time furlough program of one un -paid day -off per month will be continued through the end of the year. Page 1 An additional $100,000 of retirement plan forfeitures will be used to reduce full -time employee retirement contributions. The hiring of a budget analyst in the Finance Department has been deferred until April 1. • Overtime hours have been reduced in several departments. Expenditures — Non personnel - Savings - $276.190 Across the board, departments were able to find areas to reduce operating supplies, contract services, and other operating costs. Some of the major cutbacks included elimination of the live band for Salute, deferral of ditch maintenance, delay of Upper Buck Creek bridge overlay, reduction of street stiping, deferral of Pentamation software upgrades and training, and cut backs in advertising costs. Operating Lrans fers -Out to Other Funds - Savings - $387,702 Transit Fund. The General Fund subsidy to the Transit Fund was cut by a total of $235,000 by a planned reduction in summer service hours. The current blue and red routes that run from 6:30 am to 10:30 pm will be cut back by a total of 4,275 service hours by combing the routes into one bus on a black route configuration and cutting off service at 7:30 pm. • Transfers to the Facilities Reserve Fund in the amount of $77,702 were eliminated for 2010. This fund accumulates reserves to assist with the replacement/repair of major components of the Town's facilities such as roofs, flooring, boilers, etc. • Transfers to Fleet Maintenance Fund were reduced by $75,000 due to the success of the Fleet Maintenance operations. Revenues — Reductions in Anticipated Revenues - $213,501 • Estimated revenues for 2010 in a number of instances have been reduced based upon actual 2009 revenues as of the day of this memo, including the following: o Building Fees - $130,000 decrease. This reduction may need to be re- evaluated in light of any future Council decisions extending the current building and application fee reductions. o Sales Tax - $109,230 decrease. This reduction reflects an adjustment of staff's assumptions based on actual sales tax revenues. o Transfers -In from Water Fund - $50,000 Increase. The Engineering Department, as a cost saving measure for both 2010 and 2011, will be preparing in -house a drainage master plan originally budgeted for in the Capital Project Fund in the amount of $250,000. This transfer helps offset the department's labor cost associated with doing this project in- house. • Page 2 Financial Implications: The financial implications of these proposed budget changes will be to offset a large part of the anticipated failure of Traer Creek Metropolitan District to pay its municipal services and sales tax shortfall invoices in 2010 as follows: Proposed Revised Surplus $ 890,964 Less: Sales Tax Shortfall (654,590) Municipal Services 50� 6,448) Deficit Balance Remaining 267 2 5 Staff has identified a number of budgetary savings that may be necessary to implement as we begin our budgetary planning for 2011. Continued discussion and decisions regarding implementing some or all of these budget savings may be necessary in order to avoid continued deficit spending in the future, as follows: • Reduction in Winter Transit Operations - $146,300. These savings would involve the reduction of 2,660 fiscal year 2010/2011 winter service hours by continuing the consolidation of the current blue and red routes into a year -round combined black route with one bus and cutting off service at 7:30 pm. • Elimination of funding for the 20102011 Beaver Creek Mountain Express - $42,500. • Elimination of non -profit funding - $58,000. Other measures that are not quantified at this time include continued freezing of vacant full - time positions, reductions in special event funding including the fireworks display, and cuts in Town dues and memberships . In addition, approximately $73,564 in capital leases willnot recur in 2011 due to the pay -off of the Town's 2003 lease. Recommendation: Staff recommends that the Council authorize staff to bring forward a 2010 supplemental budget amendment resolution for adoption at the next Town Council meeting schedule for March 23, 2010. Town Manager Comments: Attachments: A — General Fund Budget Amendment No. • Page 3 j General Fund #10 Amendment No.1 Fund Summary Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) REVENUES Taxes $ 8,990,065 $ 9,563,488 $ 9,454,691 $ (108,797) Licenses and Permits 124,130 218,600 138,600 (80,000) Intergovernmental 936,745 900,148 900,148 - ChargesforServices 1,847,484 1,998,825 1,928,371 (70,454) Fines and Forfeitures 129,529 143,950 130,000 (13,950) Investment Earnings 327,079 350,000 350,000 - Other Revenue 343,325 376,000 385,700 9,700 Total Operating Revenues 12,698,357 13,551,011 13,287,510 (263,501) Other Sources Sales of Fixed Assets 500 1,500 1,500 - Transfer -In From Community Enhancement Fund 40,000 60,000 60,000 - Transfer -In From Urban Renewal Authority 170,000 - - - Transfer -In From Water Fund - - 50,000 50,000 Transfer -In From Capital Projects Fund 308,314 317,563 317,563 - Total Other Sources 518,814 379,063 429,063 50,000 TOTAL REVENUES $ 13,217,171 $ 13,930,074 $ 13,716,573 $ (213,501) EXPENDITURES General Government $ 2,497,749 $ 2,473,534 $ 2,412,000 $ (61,534) Community Development 697,820 672,111 642,913 (29,198) Public Safety 2,518,862 2,564,147 2,401,642 (162,505) Public Works 3,464,388 3,528,213 3,191,324 (336,889) Recreation and Culture 2,374,111 2,580,331 2,450,855 (129,476) Total Operating Expenditures 11,552,930 11,818,336 11,098,734 (719,602) Other Uses Transfers -Out to Faciilities Reserve Fund 72,917 77,702 - (77,702) Transfers -Out to Debt Service 604,926 601,875 601,875 - Transfers -Out to Transit 1,290,000 1,350,000 1,115,000 (235,000) Transfers -Out to Fleet Maintenance 5,000 85,000 10,000 (75,000) Total Other Uses 1,972,843 2,114,577 1,726,875 (387,702) TOTAL EXPENDITURES 13,525,773 13,932,913 12,825,609 (1,107,304) NET SOURCE (USE) OF FUNDS (308,602) (2,839) 890,964 893,803 FUND BALANCES, Beginning of Year 6,402,232 6,256,272 6,093,630 (162,642) FUND BALANCES, End of Year $ 6,093,630 $ 6,253,433 $ 6,984,594 $ 731,161 MUNICIPAL SERVICES General Fund Department Expenditure Summaries Dept. /Div. Proposed Number Description Actual Budget Budget Increase 2009 2010 General Government: 202,270 Legislative: 111 Mayor and Town Council 112 Boards and Commissions 113 Town Attorney 115 Town Clerk Total Legislative Judicial: 121 Municipal Court Executive: 131 Town Manager 132 Human Resources 133 Community Relations Total Executive Finance Department: 141 Finance 143 Information Systems 149 Nondepartmental Total Financial Administration Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development $ 137,872 $ 122,693 $ 122,693 $ - 12,882 15,805 15,805 - 380,714 250,000 250,000 - 90,787 89,196 96,428 7,232 622,255 477,694 484,926 7,232 125,671 126,649 125,829 (820) 218,637 Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) $ 137,872 $ 122,693 $ 122,693 $ - 12,882 15,805 15,805 - 380,714 250,000 250,000 - 90,787 89,196 96,428 7,232 622,255 477,694 484,926 7,232 125,671 126,649 125,829 (820) 218,637 227,673 217,812 (9,861) 193,462 201,309 202,271 962 202,270 189,339 176,219 (13,120) 1,978,741 1,826,098 (152,643) 313 Investigations 614,369 618,321 596,302 (22,019) 602,511 654,839 619,672 (35,167) 239,222 284,461 273,701 (10,760) 293,721 311,570 311,570 - 1,978,741 1,826,098 (152,643) 313 Investigations 1,135,454 1,250,870 1,204,943 (45,927) Total Police 2,518,862 2,564,147 2,401,642 2,497,749 2,473,534 2,412,000 (61,534) 149,638 179,116 178,835 (281) 328,921 345,609 334,368 (11,241) 219,261 147,386 129,710 (17,676) 1,978,741 1,826,098 (152,643) 313 Investigations 697,820 672,111 642,913 (29,198) Police Department: 311 Administration 466,006 472,217 463,670 (8,547) 312 Patrol 1,947,556 1,978,741 1,826,098 (152,643) 313 Investigations 105,300 113,189 111,874 (1,315) Total Police 2,518,862 2,564,147 2,401,642 (162,505) MUNICIPAL SERVICES General Fund Department Expenditure Summaries Proposed Original Revised Difference Dept. /Div. Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) Public Works: 411 Administration 104,419 142,345 108,244 (34,101) 412 Engineering 372,100 403,621 348,896 (54,725) 413 Roads and Streets 1,643,461 1,677,889 1,505,884 (172,005) 414 Facilities Maintenance 467,053 492,689 433,053 (59,636) 415 Parks 877,355 811,669 795,247 (16,422) Total Public Works 3,464,388 3,528,213 3,191,324 (336,889) Recreation and Culture: 513 Special Events 326,136 358,076 335,280 (22,796) 514 Administration 349,695 376,844 371,241 (5,603) 515 Adult Programs 31,413 36,196 35,586 (610) 516 Aquatics 415,068 438,227 427,792 (10,435) 517 Childcare 48,054 53,843 43,481 (10,362) 518 Fitness 116,468 122,935 106,488 (16,447) 519 Front Desk 197,903 257,700 226,318 (31,382) 520 Maintenance 714,276 750,169 724,864 (25,305) 521 Youth Programs 133,775 129,100 127,920 (1,180) 522 Cabin 41,323 57,241 51,885 (5,356) Total Recreation and Culture 2,374,111 2,580,331 2,450,855 (129,476) TOTAL OPERATING EXPENDITURES $ 11,552,930 $ 11,818,336 $ 11,098,734 $ (719,602) General Fund Amendment No.1 Revenue Detail Proposed Original Revised Difference Account Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) 51000 Total Taxes $ 1,993,283 $ Taxes: 51101 General Property Tax 51102 General Property Tax - Delinquent Collections 51103 General Property Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51303 Accommodation Tax 51304 Penalties and Interest 51305 Sales Tax Audit Assessments 51306 Payments In- Lieu -Of Sales Tax 51402 Franchise Fees 51000 Total Taxes $ 1,993,283 $ 2,196,915 $ 2,196,915 $ 1,119 50 50 9,885 5,000 5,000 132,059 160,000 160,000 5,079,498 5,274,195 5,164,965 (109,230) 129,118 150,000 150,000 - 570,996 677,738 678,171 433 16,085 25,000 25,000 - 8,447 20,000 20,000 - 677,792 654,590 654,590 - 371,192 400,000 400,000 - 25,000 20,000 (5,000) 8,989,474 9,563,488 9,454,691 (108,797) Licenses and Permits: 52101 Liquor Licenses 7,515 8,000 8,000 52102 Business Licenses 22,905 22,000 22,000 52103 Contractor's Licenses 11,930 13,500 13,500 52201 Building Permits 63,083 150,000 75,000 (75,000) 52205 Road Cut Permits 18,697 25,000 20,000 (5,000) 52206 Other Licenses and Permits - 100 100 - 52000 Total Licenses and Permits 124,130 218,600 138,600 (80,000) Intergovernmental: Federal Grants: 53199 Other Federal Grants 27,028 - - State Grants 53204 LEAF Grant 24,163 - - - Local Government/Other Agency Grants 53402 Eagle County - Ironkids 10,000 - - - 53402 Eagle County- Brightstart 3,479 3,149 3,149 - Subtotal: Grants 64,670 3,149 3,149 State /County Shared Revenue: 53301 Conservation Trust 61,663 70,000 65,000 (5,000) 53302 Motor Vehicle Registration 22,660 23,000 23,000 - 53303 Highway User's Tax 172,435 184,999 184,999 - 53304 Cigarette Tax 50,631 54,000 54,000 - 53305 County Sales Tax 374,982 360,000 375,000 15,000 53306 Road & Bridge Fund 187,110 200,000 190,000 (10,000) 53308 State Severance Tax 2,594 5,000 5,000 Subtotal: Shared Revenue 872,075 896,999 896,999 - 53000 Total Intergovernmental 936,745 900,148 900,148 General Fund Amendment No.1 Revenue Detail Proposed Original Revised Difference Account Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) Charges for Services: General Government: 54101 Sales of Map and Publications $ - 250 250 54102 Photocopying Charges 309 750 750 54103 License Hearing Fees 100 100 100 54104 Other Fees and Charges 804 2,500 2,500 54201 Plan Check Fees 22,202 80,000 25,000 (55,000) 54202 Subdivision Review Fees 8,003 5,000 5,000 54203 Design Review Fees 15,850 25,000 20,000 (5,000) 54204 Animal Control Fees 1,890 2,000 2,000 54205 Abatement Services 5,459 30,000 30,000 54206 Impact Fee Administration Fees 340 1,500 500 (1,000) 54301 Police Reports 435 2,500 2,500 54302 Police Extra Duty 10,449 20,000 20,000 54303 Fingerprinting Fees 3,764 4,000 4,000 54304 VIN Inspection Fees 9,030 15,000 15,000 54305 False Alarm Fees /Misc Police Dept Fees 4,840 5,000 5,000 54306 National Night Out 2,300 500 500 54399 DUI Reimbursement 851 3,000 3,000 54453 Village at (Avon) Municipal Services 487,957 506,448 506,448 Subtotal: General Govern. 574,583 703,548 642,548 (61,000) Recreation Facility: 54601 Admission Fees 864,414 $ 900,000 $ 875,000 (25,000) 54602 Program Fees 42,001 42,182 42,182 54603 Rentals 3,320 2,000 2,000 54604 Merchandise Sales 10,178 13,000 13,000 - 54605 Childcare 10,132 9,000 9,000 - 54606 Rec Center Services 16,005 18,000 18,000 - 54607 Fitness Program Revenues 34,493 30,000 35,000 5,000 Other Recreation: - 54651 Adult Program Revenues 13,421 12,441 12,441 - 54652 Cabin Equipment Rentals 36,314 30,000 30,000 - 54653 Athletic Field Rentals 6,740 6,700 6,700 - 54654 Cabin Concessions 5,710 5,500 5,500 - 54655 Youth Program Revenues 155,293 144,454 155,000 10,546 54676 Sponsorships 54,935 63,000 63,000 - 54678 Event Fees 19,324 19,000 19,000 Subtotal: Recreation 1,272,280 1,295,277 1,285,823 (9,454) 64000 Total Charges for Services 1,846,863 1,998,825 1,928,371 (70,454) Account Number Description 55000 Total Fines and Forfeitures Investment Earnings: 57101 Interest 57000 Total Investment Earnings Other Revenues: 58101 Recreational Amenity Fees 58109 Bond issuance Fees 58201 Lease of Town -Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues 50000 TOTAL REVENUES General Fund Amendment No.1 Revenue Detail Fines and Forfeitures: 55101 Court Fines - Traffic 55102 Court Fines - Criminal 55103 Court Fines - Parking 55104 Court Fines - General 55105 Court Costs 55106 Jury Fees 55107 Bond Forfeitures 55109 Miscellaneous Court Revenues 55110 Police Training Surcharge 55000 Total Fines and Forfeitures Investment Earnings: 57101 Interest 57000 Total Investment Earnings Other Revenues: 58101 Recreational Amenity Fees 58109 Bond issuance Fees 58201 Lease of Town -Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues 50000 TOTAL REVENUES General Fund Amendment No.1 Revenue Detail $ 71,572 Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) $ 71,572 75,000 75,000 11,103 27,660 40,000 30,000 (10,000) 15,549 9,000 9,000 140,000 - - 3,750 - (3,750) 4,880 5,750 5,750 - 150 150 - 2,325 300 2,000 1,700 32 1,000 100 (900) 7,511 9,000 8,000 (1,000) 129,529 143,950 130,000 (13,950) 327,079 350,000 350,000 327,079 350,000 350,000 157,452 175,000 175,000 11,103 11,000 11,000 - 51,548 50,000 59,700 9,700 123,032 140,000 140,000 - 343,135 376,000 385,700 9,700 $ 12,696,955 $ 13,551,011 $ 13,287,510 $ (263,501) MUNICIPAL SERVICES General Fund Department Expenditure Summaries Proposed Original Revised Difference Dept. /Div. Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) Total Legislative Judicial: 121 Municipal Court Executive: 131 Town Manager 132 Human Resources 133 Community Relations Total Executive Finance Department: 141 Finance 143 Information Systems 149 Nondepartmental Total Financial Administration Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development Police Department: 311 Administration 312 Patrol 313 Investigations Total Police $ 137,872 $ 122,693 $ 122,693 $ - 12,882 15,805 15,805 - 380,714 250,000 250,000 - 90,787 89,196 97,716 8,520 622,255 477,694 486,214 8,520 125,671 126,649 127,001 352 218,637 General Government: 221,018 Legislative: 111 Mayor and Town Council 112 Boards and Commissions 113 Town Attorney 115 Town Clerk Total Legislative Judicial: 121 Municipal Court Executive: 131 Town Manager 132 Human Resources 133 Community Relations Total Executive Finance Department: 141 Finance 143 Information Systems 149 Nondepartmental Total Financial Administration Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development Police Department: 311 Administration 312 Patrol 313 Investigations Total Police $ 137,872 $ 122,693 $ 122,693 $ - 12,882 15,805 15,805 - 380,714 250,000 250,000 - 90,787 89,196 97,716 8,520 622,255 477,694 486,214 8,520 125,671 126,649 127,001 352 218,637 227,673 221,018 (6,655) 193,462 201,309 205,123 3,814 202,270 189,339 186,219 (3,120) 2,518,862 2,564,147 2,428,346 (135,801) 614,369 618,321 612,360 (5,961) 602,511 654,839 627,653 (27,186) 239,222 284,461 276,365 (8,096) 293,721 311,570 311,570 - 1,135,454 1,250,870 1,215,588 (35,282) 1,978,741 1,845,147 (133,594) 105,300 113,189 2,497,749 2,473,534 2,441,163 (32,371) 2,518,862 2,564,147 2,428,346 (135,801) 149,638 179,116 190,573 11,457 328,921 345,609 341,669 (3,940) 219,261 147,386 133,550 (13,836) 697,820 672,111 665,792 (6,319) 466,006 472,217 470,010 (2,207) 1,947,556 1,978,741 1,845,147 (133,594) 105,300 113,189 113,189 - 2,518,862 2,564,147 2,428,346 (135,801) MUNICIPAL SERVICES General Fund Department Expenditure Summaries Proposed Original Revised Difference Dept. /Div. Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) Total Recreation and Culture TOTAL OPERATING EXPENDITURES 104,419 Public Works: 411 Administration 412 Engineering 413 Roads and Streets 414 Facilities Maintenance 415 Parks 518 Total Public Works Total Recreation and Culture TOTAL OPERATING EXPENDITURES 104,419 Recreation and Culture: 513 Special Events 514 Administration 515 Adult Programs 516 Aquatics 517 Childcare 518 Fitness 519 Front Desk 520 Maintenance 521 Youth Programs 522 Cabin Total Recreation and Culture TOTAL OPERATING EXPENDITURES 104,419 142,345 108,919 (33,426) 372,100 403,621 353,750 (49,871) 1,643,461 1,677,889 1,513,477 (164,412) 467,053 492,689 435,638 (57,051) 877,355 811,669 800,714 (10,955) 3,464,388 3,528,213 3,212,498 (315,715) 326,136 358,076 336,177 (21,899) 349,695 376,844 375,431 (1,413) 31,413 36,196 35,841 (355) 415,068 438,227 430,544 (7,683) 48,054 53,843 43,736 (10,107) 116,468 122,935 106,787 (16,148) 197,903 257,700 227,222 (30,478) 714,276 750,169 729,315 (20,854) 133,775 129,100 128,431 (669) 41,323 57,241 51,885 (5,356) 2,374,111 2,580,331 2,465,369 (114,962) $ 11,552,930 $ 11,818,336 $ 11,213,168 $ (605,168) Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved By: Scott Wright, Assistant Town Manager /Finance From: Jennifer Strehler, Director of Public Works and Transportation Date: March 9, 2010 Re: Public Outreach Information Regarding Connect Avon Now The Connect Avon Now project is a package of prioritized improvements to mass transit, trails, and parking which currently do not have a source of funding. Voter approval will be needed in November 2010 to create dedicated revenue sources and to authorize the Town to issue debt, both required steps for implementation of this project. Following on the scheduled established at the January 26th meeting, factual information regarding Connect Avon Now has been assembled which can used for public outreach. The proposed scope of Connect Avon Now, including a list of specific project components, costs, and funding sources has been developed by staff in written and multi -media format based on input received from Town Council during 2009. A response to questions which have been asked by Town Council (and are likely to be asked by the public) has been prepared. A draft of this information is provided to Town Council. Feedback is requested during the work session. Background A variety of improvements to transportation infrastructure have been requested by the community during preparation of the Comprehensive Plan (2006), West Town Center Plan (2007), Community Survey (2008), and Comprehensive Transportation Plan (2009) work. These studies and plans are congruent regarding the need for better multi -modal connectivity which would make Avon a more walkable, urban - village type community where commercial areas, affordable housing, and recreational amenities are easily accessible. The Avon Comprehensive Transportation Plan (2009) provided the basis of the specific project components included in Connect Avon Now. That engineering document was developed from the broad vision and goal statements adopted with Avon's "Comprehensive Plan" (2006). Where the Transportation Plan included recommendations for improvements needed through 2035 and costing over $100 million, the intent of Connect Avon Now is to focus on only those improvements that will be critically needed within the next 10 -15 years and can realistically be Page 1 of 3 funded through new, voter - approved revenue sources. Although 4 public meetings were held in 2008 and 2009 in association with the town's adoption of the Transportation Plan, additional public input specific to Connect Avon Now is needed at this time. Previous Council Actions: The Town Council has been involved in planning transportation improvements in Avon for many years. Efforts to establish a specific package of transit, trails, and parking improvements, and to develop a funding mechanism for such improvements, has been in the works since about July 2009. 2006- Town Council adopted the Avon Comprehensive Plan. August 2007- Town Council adopted the Avon West Town Center Plan (Design Workshop, 2007). This plan includes provision of a 300 -350 stall parking garage located on or near Main Street. July 2008 - Community survey results were presented to Town Council which showed strong public support for transit and trails. MarchlO, 2009 - The concepts which were later embedded in the Strategic Transit Plan portion of the Transportation Comprehensive Plan were presented to Town Council. This presentation described historic financial performance of the Avon Transit enterprise fund and offered a long -term vision for transit which included the new routes and services. Funding options were also discussed, including sales tax increase, hotel /motel tax increase, property tax increase, and formation of a general improvement district (GID). June 23, 2009 - Transit survey results were presented to Town Council which showed strong public support for expansion of transit and trails and creation of a new funding mechanism to pay for the added services /facilities. July 14, 2009 - Staff highlighted the specific transit services and a sample list of trail /pedestrian project components that could be funded under a new project initiative. Note that this meeting initially introduced this project as the "Avon Walkable Community Project" but, after some discussion, Council expressed a preference for re- naming the project to Connect Avon Now. Town Council directed staff to 1) notify the County Clerk of Avon's intent to have a ballot question in November 2009 and 2) provide more information about options for funding the project. July 28, 2009 - Presentation of Preliminary Financial Modeling for Sales Tax increase to fund transit and trails. Discussion of possible use of hotel /motel tax and /or GID was explored further. August 11, 2009 -Town Council decided to delay plans to place a transit /trails question on the November 2009 ballot in order to allow more time to carefully study the issues. Preference for a November 2010 ballot date was expressed. August 28, 2009 - The 2010 Transit Division Budget was proposed. September 22, 2009 -The Transportation Comprehensive Plan (FHU, 2009) was adopted by Town Council on this date. This document describes a near -term plan to Page 2of3 expand transit bus service to connect the Village at Avon and Beaver Creek Ski Area by modifying routes and frequency to add another 6,000 service hours. The plan includes a list of over $7,000,000 worth of recommended pedestrian, bicycle, and recreational trail capital improvements. Associated transit capital improvements and fleet replacement needs are also identified in that document. October 20, 2009 - 2010 Budget Retreat, Final Transit Division budget for 2010, focus Transit and Trails funding strategy. Town Council requested addition of public parking into the shared vision for the project. November 10, 2009 - Town Council developed a consensus about the shared vision for Connect Avon Now. This vision included the scope, schedule, and budget implications of transit, trails, and parking project components included in the project. December 8, 2009 - Public finance experts described their experience on similar ballot questions. They emphasized the important role of Town Council with respect to public outreach. January 26, 2010- Staff provided an update on Connect Avon Now, which included a schedule of activities planned for spring 2010. February 23, 2010- Staff offered a status report on the work being done to assemble factual information for Connect Avon Now. Discussion Town Council members are encouraged to have conversations with their constituents in order to raise public awareness of Connect Avon Now. Press releases, focus groups, open houses, and web site information are additional tools intended to stimulate involvement from local residents and businesses. A draft of factual material regarding Connect Avon Now is provided to Town Council. The assembled information offers a consistent set of facts about the project. This information will also be made available to focus groups in March. Focus group meetings are scheduled in the Avon Town Council Chambers at 5pm on these dates: 3/10, 3/11, 3/17, and 3/18. Feedback gathered at these meetings will be summarized by staff at the upcoming April 13th Town Council meeting. As the project evolves as a result of input from the public, the draft materials will be updated. A final draft of the Frequently Asked Questions (FAQs) and a short slide show will be prepared after the April 13th Town Council meeting; these communication tools will be put on the town's web site and used during the public open house planned for April 29tH Financial Implications: No financial expenditure decisions are involved in this work session. Town Manager Comments Page 3 of 3 CONNECT AVON NOW Frequently Asked Questions • What is "Connect Avon Now "? Connect Avon Now is a project that was developed in response to the expressed wishes of our citizens as evidenced in surveys, open houses, phone calls, and meetings. It involves creation of a dedicated revenue source to improve transportation and neighborhood connectivity consistent with town - adopted land use and transportation plans. Specific improvements include: extensions of transit service, construction of pedestrian sidewalks, construction of bicycle lanes and trails, and the addition of public parking in the town core. • How can Connect Avon Now help me? 1. INCREASED LIVABILITY: Multi -modal transportation options increase community livability. Future visitors and seasonal residents can arrive by mass transit and get around Avon and Beaver Creek easily and quickly without driving. This will maximize use of our existing road systems. 2. BETTER TRANSIT CONNECTIVITY: Several key destinations in and around Avon are currently disconnected from the town core or are inconsistently served by transit. For example, Avon Transit does not serve Buffalo Ridge, the Village at Avon (e.g., Wal -Mart, etc.), Beaver Creek, and Nottingham Rd. Bus service will be extended to these areas. 3. MORE TRAILS: About 15 miles of new bicycle lanes, sidewalks, paved trails, and unpaved hiking trails have been included in this project. These will offer additional commuting and recreational options for residents and guests. 4. INCREASED PARKING: Limited public parking in the town core combined with recently announced plans to charge for parking at the Elk and Bear lots will increase parking pressures. Connect Avon Now includes construction of a 500 stall public parking garage in the town core. This will bring better access to the gondola, shopping, river parks, restaurants and special events. This will bring synergy to the town core. 5. PLANNING FOR OUR FUTURE: A transit - oriented and vibrant walkable village plan has been developed to address increased population growth and density in the core area and to avoid mounting traffic congestion. Connect Avon Now is a way to make that plan become a reality. Each project component in Connect Avon Now adds a new transportation link that will make Avon a more vibrant community. • How will this proposal make Avon better? 1. SOCIAL RESPONSIBILITY: Many Avon residents and workers do not own a car and depend on public transportation to get to work, do their grocery shopping, access medical care, and obtain public services. Expanding transit is a socially responsible way to leverage public tax dollars and preserve household income. 2. ACCESS TO AFFORDABLE HOUSING: Connect Avon Now proposes delivering transit service to hundreds of affordable housing residents at Buffalo Ridge who currently do not have transit service. 3. TOWN COHESIVENESS: Citizens often comment that several key destinations in and around Avon are disconnected from the town core. This is a huge inconvenience to local businesses and routine shoppers. Connect Avon Now can improve town cohesiveness by linking the Village at Avon, Beaver Creek Village, the Nottingham Commercial area, and Page 1 of 2 residential areas on West Beaver Creek Blvd and Eagle Bend Drive to the town core via transit, trail, and parking improvements. 4. IMPROVES SAFETY: In 2009, Avon incurred 250 road accidents, the majority of which involved drivers who were unfamiliar with local weather and /or road conditions. In 2008, Eagle County had the highest DUI rate in the state, with over 150 DUIs in Avon alone. Connect Avon Now will allow more people to utilize mass transit, avoid driving in difficult winter road conditions, and have fun without risking a DUI or the life and safety of others. • How much will this project cost? There are both capital construction and annual operating costs associated with Connect Avon Now. Expanding transit service requires purchase of additional buses. Capital costs include construction of a new parking garage, bus shelters, trails and other facilities. Annual operating costs include fuel, labor, maintenance, repairs, and vehicle replacement. The total estimated cost of this project through 2020 in present day dollars is about $66 million. The approximate breakdown of this cost is shown below: Trails Capital 13` Cost 41% O &M Costs 5901 Parking 3800 ® How can we pay for this? Town Council is evaluating proposed solutions to our transportation challenges and more importantly how to pay for them. None of the recommended improvements currently has a secured funding source. Voter approval of new revenue will be needed to implement any of the recommended components. To date, a small sales tax increase in combination with a replacement mill levy is the favored approach. Use of sales tax is attractive because 2 /3rds of Avon's sales tax is imported from outside Eagle County. Once community input has Transit 49% Suggested Project Funding Sales Tax Increment 31% (0.85'. ) iz% 470 ::a Mill Levy (phased in to 4.50 mills by 2017) Continued Subsidy from General Fund ($1.5M /yr) been completed, the council will finalize the plan, costs, and preferred funding approach. Page 2 of 2