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TC Council Packet 03-23-2010TOWN OF AVON, COLORADO VO AVON REGULAR MEETING FOR TUESDAY, MARCH 23, 2010 MEETING BEGINS AT 6 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. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT a. Avon Egg Hunt Event Update (Danita Chirichillo, Special Events Supervisor) 5. CONSENT AGENDA a. Minutes from March 9, 2010 6. NEW BUSINESS a. IGA for Law Enforcement Services within Other Municipalities in Eagle County (Jonathon Lovins, Sergeant) Review Mutual Aid Agreement for the Provision of Law Enforcement Services 7. RESOLUTIONS a. Resolution No. 10 -08, Series of 2010, Resolution Approving a Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark At Beaver Creek, Town of Avon, Eagle County (Shane Pegram, Engineer II) This Condominium Map resubdivides the existing Avon Mini Storage, located at 431 Metcalf Road, into two distinct condominium units and common elements b. Resolution No. 10 -10, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget (Scott Wright, Assistant Town Manager Finance) Review resolution amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non - payment of municipal services and sales tax shortfall invoices by Traer Creek Metropolitan District c. Resolution No. 10 -11, Series of 2010, Resolution of Town of Avon Appointing Representatives to Upper Eagle Regional Water Authority (Ron Wolfe, Mayor) Appointments to Upper Regional Water Authority 8. ORDINANCES a. Public Hearing on Ordinance No. 10 -04, Series of 2010, Second Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use (Matt Pielsticker, Planner II) b. Public Hearing on Ordinance No. 10 -05, Series of 2010, Second Reading, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use (Matt Pielsticker, Planner II) Avon Council Meeting. 10.03.23.doc Page 2 of 3 TOWN OF AVON,, COLORADOVON AVON REGULAR MEETING FOR TUESDAY, MARCH 23, 2010 MEETING BEGINS AT 6 PM AVON TOWN HALL, ONE LAKE STREET 9. 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) 10. TOWN MANAGER REPORT 11. TOWN ATTORNEY REPORT a. Update on Process for May Planning & Zoning Appointments 12. MAYOR REPORT 13. ADJOURNMENT FUTURE AGENDA DATES & PROPOSED Topics: APRIL 2010: Weed Ordinance, Wildlife Ordinance Amendments, Planning & Zoning Appointments, "CAN" Focus Group Comments Update, Capital Project Budget Amendment Avon Council Meeting. 10.03.23.doc Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 9, 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 Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, and Buz Reynolds. Brian Sipes 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. COMMUNITY/ CITIZEN INPUT • Charles Wolf introduced himself as running for Eagle County Sheriff in November. • An update was presented on the IronKids Event. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST There were no changes to the agenda and no conflict of interest. CONSENT AGENDA Mayor Wolfe 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 23, 2010 b. Western Enterprise, Inc. Contract for Salute to U.S.A Fireworks production with Western Enterprises (Meryl Jacobs, Recreation Director) RESOLUTIONS Ross Graves, Vince Cook, GreenPort Sustainable Communities Corporation, presented Resolution No. 10 -09, Series of 2010, Resolution in Support of GreenPort Initiative. He reviewed the progress made on the Greenport Initiative and requested that the Town consider supporting the Resolution in support of the "Transit Oriented Economic Development Corridor". Vince Cook spoke about the program and conversations with CDOT and the possibility of getting stimulus funding. It was noted that support would be first, and hopefully funding support would be requested at a later date. Councilor Ferraro moved to approve Resolution No. 10 -09, Series of 2010, Resolution in Support of GreenPort Initiative; Councilor Carroll seconded the motion and it passed unanimously by those present (Sipes absent). ORDINANCES Willey Gary presented 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 Town Attorney. Some discussion ensued on the automatic sprinkler system requirements, 15.10.115, Section R313, (page 24) and it was suggested that this section be excluded. It was noted that the purpose of the systems is to save property and not lives. It was noted that this topic would be raised again in 2012. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Carroll moved to approve 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 with the condition that Section 15.10.115 be repealed Councilor Dantas seconded the motion and it passed unanimously by those present. (Sipes absent) Matt Pielsticker, Planner il, presented Ordinance No. 10 -04, Series of 2010, First Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use. He noted that the Brookside HOA submitted an application to amend the Brookside PUD to permit Short Term Rentals as a use by right on Lots 2 and 3 of the development. it was also noted that the P &Z Commission unanimously approved the application. Vicki Eastman representing the homeowners association and property management company was present to answer questions. Councilor Carroll moved to approve Ordinance No. 10 -04, Series of 2010, First Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use. Councilor Ferraro seconded the motion and it passed unanimously by those present (Sipes absent). Matt Pielsticker, Planner II, presented Ordinance No. 10 -05, Series of 2010, First Reading, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use. He noted that the Canyon Run HOA submitted an application to amend the Canyon Run PUD to permit short term rentals as a use by right on Lot 4 of the development. it was noted that the property is 70 residential units and approval was received from the homeowners. Vicki Eastman representing the homeowners association and property management company was present to answer questions. There was a question about the enforcement of the short term rentals that are being approved with these ordinances. It was noted that the declarations allowed for the short term rental use and a majority vote approved the short term use. Councilor Ferraro moved to approve Ordinance No. 10 -05, Series of 2010, First Reading, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use. Councilor Dantas seconded the motion and it passed unanimously by those present (Sipes absent). It was noted the public hearing on the two ordinances would be held at the March 23, 2010 meeting. APPEAL BY TRAER CREEK PLAZA, LLC Mayor Wolfe 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. Eric Heil, Town Attorney, introduced the appeal as the Town Clerk's decision not to place the item on the council agenda for several reasons outlined by Sally Vecchio representing Community Development himself. The matter was reviewed on February 23, 2010 with representatives from Traer Creek, the Town Council and town staff. The record provided was reviewed by the Town Council and closed. He noted that the deliberation at this meeting would result in direction to staff to draft the final findings of fact. The Town Council evaluated the Johnson & Repucci Proposed Findings of Fact, Conclusions, and Order first (Attachment A to minutes) and the following conclusions were provided: 1. Include as finding 2. Include as finding 3. Include as finding 4. include as finding; it was noted that the town clerk's letter was dated January 3, 2010 but should have been dated February 3, 2010 5. Include as finding; Suggested that there should more specificity when using the name " Traer" in all of the findings. 6. Include as finding; Suggested that there should be more specificity to "and various other cited sections" of the Avon Municipal Code; agreed with the intent 7. Do not include as a finding Regular Council Meeting Page 2 of 4 10.03.09.doc 8. Do not include as a finding 9. Do not include as a finding 10. Do not include as a finding 11. Do not include as a finding 12. Do not include as a finding 13. Do not include as a finding 14. Include as finding 15. Include as finding 16. Do not include as a finding 17. Do not include as a finding 18. Do not include as a finding 19. Do not include as a finding 20. Do not include as a finding 21. Do not include as a finding 22. Do not include as a finding 23. Do not include as a finding 24. Do not include as a finding The Town Council evaluated the Proposed Findings of Fact and Final Decision (Attachment B) as written by Town Attorney, Eric Heil and the following conclusions were provided: 1. Include as finding 2. Include as finding 3. Include as finding 4a. Include as finding 4b. Include as finding; review this section by comparing it to the code, with attention to ownership and possession language. What is the intent of the code 4c. Include as finding 4d. Include as finding It was noted to include the footnotes as part of the findings 4e. Include as findings 4f. Include as finding 5a. Include as finding 5b. Include as finding 5c. Include as finding 5d. Include as finding 5e. Include something about paragraph of the development agreement; include as finding 6. Include as finding It was also suggested to include Repucci's finding about the narrowness of the topic; his number 15. Mayor Wolfe asked if there were any other findings the council would like to include; it was agreed that the record was complete. Mayor Wolfe noted that no decision was made at this time, and the matter would be continued to the March 23, 2010 meeting at which time Council would consider the consolidated draft of the "Findings of Fact" and a final decision would be discussed. Mayor Wolfe would ask that the findings be adopted at this meeting. Some discussion ensued about the timeline for the decision making; it was noted that the 35 day time requirement would end on March 29, 2010. Regular Council Meeting Page 3 of 4 10.03.09.doc There being no further business to come before the Council, the regular meeting adjourned at 8 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 10.03.09.doc 1�jk k�A�� A, 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. {00113877 \ 2} 2 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 16.12.010 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 party 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 (00 113877 \ 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} oackxtV 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] FINDINGS OF FACT AND FINAL DECISION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO REGARDING: TRAER CREEK PLAZA, LLC APPEAL ADOPTED , 2010 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, U. 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 Project 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. Findina 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 Tmer 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 6 Item 25 9 Item 23 10 Item 7, page 3 11 Item 6, page 1 t2 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. C. 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 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Greg Daly, Interim Chief of Police Date: March 18th, 2010 Re: IGA for Law Enforcement Services within other Municipalities in Eagle County to include Vail, Minturn, Eagle and Basalt. Summary: The intergovernmental agreement will allow Avon police officers to have full authority within the municipalities of Vail, Mintum, Eagle and Basalt. Avon Police Department already has an IGA with the Eagle County Sheriffs Office for the unincorporated areas of Eagle County. Background: Colorado Revised Statue 16 -3 -110 permits a municipal police officer to act when a felony or misdemeanor is committed in his or her presence regardless of the jurisdiction. However, the statute does not specify the authority of the officer to act in regards to traffic violations, which may then lead to felony or misdemeanor crimes. Justifiable traffic stops can be a great investigative tool in obtaining identification and other pertinent information in larger criminal investigations. Avon Police Department periodically combines law enforcement and investigative efforts with other jurisdictions while pursuing cross jurisdictional crimes like illegal drug possession and distribution. The combining of our resources offers the Avon Police Department with economies of scale, by taking a multi agency task force approach to these investigations. At times, it provides Avon with expanded human and investigative resources in these more complex criminal investigations. And in turn, we periodically provide our resources to combat particular criminals who commit their crimes across all of our jurisdictions. Also, Avon Police officers occasionally participate in grant approved county wide DUI or liquor law compliance task forces in other municipalities This IGA will provide Avon Police Officers the full legal authority to take enforcement actions in these municipalities similar to that authority granted via the current IGA in force with the Eagle County Sheriffs Office (limited to the unincorporated areas of the county). Discussion: The intermixing of municipal and county jurisdictions can cause potential confusion as to the actual jurisdiction of each entity's peace officer and citizens. The IGA permits our officers to take action when a violation is observed, regardless of the actual jurisdiction. Financial Implications: The IGA does not have any immediate fiscal implications. However, if an officer takes enforcement action in another municipality, it may be later required that the officer testify in that jurisdictions' municipal court or in county or district court. The town would then have to pay for the officer's salary to do so. Though, the action is in the interest of public safety, which is a benefit to our community. Recommendation: Staff recommends adoption of the IGA. Recommended Motion: I move to adopt the IGA between the Town of Avon and the municipalities of Vail, Mintum, Eagle and Basalt for the provision of law enforcement services those jurisdictions. Town Manager Comments: MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES THIS AGREEMENT FOR MUTUAL AID, (hereinafter referred to as this "Agreement ") is made and entered into this day of , 2010, by and between the Town of Avon, Town of Basalt, Town of Eagle, Town of Minturn, and Town of Vail upon their authorized execution of this Agreement (hereinafter referred to as "Parties" or singularly as "Party"), by and through their respective Town and City Councils. RECITALS WHEREAS, the Colorado General Assembly has authorized such intergovernmental mutual aid agreements by the provisions of C.R.S. §29 -1 -203 and §29 -5 -101 through §29 -5 -109; and WHEREAS, the Parties are empowered to provide law enforcement functions within its incorporated boundaries; and WHEREAS, the Parties peace officers are defined by C.R.S. § 16 -3 -110 (1)(a) ( "Municipal Officers ") and are authorized by their Municipalities and the terms of C.R.S. § 16 -3 -110 to act when a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether that Municipal Officer is within their jurisdictional boundaries or whether that Municipal Officer is on duty; and WHEREAS, the Parties desire to aid and assist each other by the exchange of Municipal Officers services when a Municipal Officer observes a felony, misdemeanor, crime, or other statutory offense being committed while that Municipal Officer is engaged in official police duties; and WHEREAS, it is recognized by the Parties to this Agreement that the public health, safety and welfare of the inhabitants of their respective jurisdictions would be best served by providing back -up response and protection services, should the need arise; and WHEREAS, each party will in good faith, make an attempt to assist the other based on their needs and specific request. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. The Parties, through their Police Departments, will be authorized to provide general law enforcement services in other jurisdictions to the extent and the manner hereinafter set forth. For purposes of this agreement, general law enforcement services shall consist of responding to, investigating, and enforcing violations of the Colorado Criminal Code or other Colorado statute that the Municipal Officers are authorized to enforce in a manner consistent with the level of performance of peace officers throughout the State of Colorado. 2. The Parties, through their Police Department, will be authorized to act and otherwise provide general law enforcement services in any situation in which a felony, misdemeanor, crime or other statutory offense has been or is being committed in such Municipal Officer's presence when such Municipal Officer is in other jurisdictional boundaries due to official police duties. 3. As for Municipal Officers, management of the rendering of services, leadership and supervision, the standards of performance, the discipline of officers and other matters incident to the performance of law enforcement services and the review of personnel so employed, shall remain with the Party. 4. All citations written by a Municipal Officer for violations of any Colorado State Statute or law shall command the alleged violator to appear before the jurisdiction of where the violation was committed. The Municipal Officer shall be available to appear before that jurisdiction's Municipal Court as needed to prosecute each violation. 5. The Parties shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the service to be rendered herein. 6. Each Party shall give prompt and due consideration to all requests from the other Party regarding delivery of general law enforcement services and shall work cooperatively to achieve the service called for herein. Such request may be transmitted in person, by phone, radio, electronic medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this Agreement. 7. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. Employees assigned under this Agreement shall be considered and shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement 8. To the extent allowed by law, each Party agrees to indemnify, defend and hold harmless each other, their respective agents, officers, and employees of and from any and all loss, costs, damages, injuries, liabilities, claims, liens, demands, actions and causes of actions brought by a third party, whatsoever, arising out of or related to the respective Party's performance or nonperformance under this Agreement. No Party shall be deemed to assume any liability for intentional or negligent acts of any other Party. By agreeing to this provision, the Parties do not waive or intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq. The provisions of C.R.S. § 29 -5 -108 shall not apply to activities conducted pursuant to this Agreement. 9. Each Party shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from the services to be provided under this Agreement. 10. Unless sooner terminated as provided hereunder, this Agreement shall be effective from the date of its execution though December 31, 2010. Notwithstanding the foregoing provisions, either Party, with or without cause, may terminate this Agreement upon the giving of ten (10) days prior written notice of such termination to the other respective Party. It is the intent of the Parties that this Agreement shall be renewed for additional one (1) year periods following the end of the initial period, and unless one of the Parties gives notice to the other at least ten (10) days prior to the end of the initial period, or then current additional period, that such Party desires to terminate this Agreement or to re- negotiate the terms, this Agreement shall be automatically extended for additional periods of twelve (12) months. After the initial period, this Agreement shall run from January 1" to December 31" of each respective year. 2 11. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of any Party hereto. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by any Party hereto. 12. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Parties. 13. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Parties within this Agreement, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 14. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party hereto, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 15. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 16. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 17. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 3 Memo To: Honorable Mayor and Town Council Initials Thru: Lary Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Manager /Director of Community Development 5y From: Justin Hildreth, P.E., Town Engineer 49# Shane Pegram, P.E., Engineer II 5e Date: March 18, 2010 Re: Resolution No. 10 -08, Approving the Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado (431 Metcalf Road) Summary: The applicant and owner, Dan Sunday, has submitted a condominium subdivision application to create two legally defined condominium units ( "Unit K and "Unit B "). In addition to the condominium units, the subdivision will define a Common Element ( "C.E. ") parcel, which includes all areas of the property outside of the building footprint. Please find Resolution 10 -08, a Resolution approving this application, attached as Exhibit A to this Memorandum. The Condominium Map is attached as Exhibit B. Property Description: The property is located on the west side of Metcalf Road, halfway between Nottingham Road and West Wildwood Road. The property is approximately .688 acres (or 29,970 square feet) and has been improved with a two story steel frame warehouse with surface parking. Access to the property from Metcalf Road is provided via a platted access easement through a portion of Lot 11, the property immediately to the north. This shared driveway also provides access to Lot 13 to the south through a drive isle bordering the parking spaces on the east side of the property. There are twenty -nine (29) parking spaces on this property. The entire driveway and parking portions of the property are constructed with concrete. There is a Utility and Drainage Easement reserved along the rear lot line, as well as a Utility and Drainage Easement along each side yard. A Colorado Ute Easement runs parallel with the front property line. The property is bordered: to the east by Metcalf Road; to the north by Lot 11, owned and operated by the Qwest Corporation; to the west by Tract A, an Open Space zoned property; and to the south by Maximum Comfort pool and spa. Planning Analysis: The subject property is located in the Industrial Commercial (IC) zone district. Allowed uses for this zone district include: warehouses, laboratories, electrical substations, light manufacturing plants, wholesale sales outlets, showrooms, industrial and construction offices, and self storage. The building owner obtained a Special Review Use (SRU) permit in 2007 to construct two (2) employee housing units on the property. The approval was premised on the condition that the units are exclusively for the housing of employees of businesses operating on the same property, and that the units may not be sold separately. The owner is in compliance with these conditions of the SRU permit. These residential units are contained within Unit A of this subdivision. Findings: This application is in conformance with Chapter 16.48, and all applicable sections of Title 16, Subdivisions, Avon Municipal Code. Proposed Motion: "I move to approve Resolution No. 10 -08, Series of 2010, A Resolution Approving the Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff." Town Manager Comments: Attachments: Exhibit A Resolution 10 -08, Series of 2010 Exhibit B Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado • Page 2 EXHIBIT A TOWN OF AVON RESOLUTION NO. 10 -08 Series of 2010 A RESOLUTION APPROVING THE CONDOMINIUM MAP OF AVON MINI STORAGE CONDOMINIUMS, LOT 12, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Dan Sunday, owner of Avon Mini Storage, a Colorado limited liability company, submitted a Condominium Map for A Resubdivision of Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, located at 431 Metcalf Road; and WHEREAS, the Condominium Map has been reviewed by the Town Staff; and WHEREAS, the Condominium Map was found to be in conformance with all applicable sections of Title 16, Subdivision, of the Avon Municipal Code; and WHEREAS, the proposed resubdivision complies with the requirements for consideration as a Condominium Map. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to the completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF ATTEST: Patty McKenny Town Clerk , 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor TOWN CERTIFICATE: lhb plat b approea ey lM Toed Caun.N a the Toes a Avon. Canty a EaIF•. Stet a Celaraao iLW_ day a AD., 2010. for flkvg eNr tM Clwk end R.mrdw a th. CmnfY a Eadte. AppoW of qb plel by and b the Teen i. o amment t.dwkal as ..W_ o tld• pot o oy �mvbo0on r"tl g thi.to.a the VATNESS NY NAND AND SEAL OF THE TOWN OF AVON TOWN COUNCIL OF THE TORN OF AVON B% Maya ATTEST. Ttwn a•nt CLERK AND RECORDER'C CERTIFICATE This pat ew flat fm mood h IM omin Of the Clwk as Reamer at 'dolt_. Mb— dry o! A.D. 2010. oat b day ;. -meal acres Reegtbn Numeer Clark and Recomor By: Dewy TI —GEO CATS: dew hw.ey owufy that 1 haw had the Thad to a lwrde elwen m ihb plat oat Net Utb to ensh I.W. Is veata h: ed that 1Me to dash lend• b hw had do: of ON Ben. wa•enboww, e. and a.....nm+. w:.vt w tapo.c Data tAb ----day a AD.. 2010. SURVEYORS RTIFI-ATE L Cum• D. 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RIM EL- 7021.40 (NOT SHORN} 5) EASEMENTS, REWWATONS AND RL37RMTIONS AS SHOWN OR RESERVED ON THE FINAL SUBDIVISION PUT- AMDUCENT NO. d BENCHMARK AT BEAVER L71FEK. BLOCK 1. TOWN OF AVON. EAGLE COUNTY, COLORADO 0) NOTICE: AOWROINO TO COLORADO LAW YOU MUST COMMENCE ANY LEGS ACTION BASED UPON ANY DEFECT N THIS SURVEY MTHUH THREE YEARS AFTER YOU FIRST DISCOVER WZH DEFECT. N NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT N DO SURVEY BE COMMENCED MORE THAN TEN YEARS FROM 7H E DATE OF CERTIFICATION S110M HEEEOEL EAGLE COUNTY RING NO CObWNU 1IUM MAP OF AVON NM ffORAGE CONDO LOT 12, BLOCK 1 BENCHMARK AT BEAVER CREEK. TOWN OF AVON, EAGLE COUNTY, COLORADO CFRTFlCATt•< OF DEDIGATON AND OWNERSHIP: KNOW All YEN RY 1NESE PRLWI75 THAT. Me unbrapoe0. .. ed. Genes k M ampm, a a that ma WWwty •itLXUd In Eo0e Comfy. Coloeae, dewuea m fanom Lot 12. DI A 1. a-dw -k of Be— 6M. T— of Avon, Eapi. Canty, C.I.raa tote by W_W OV Me e_lr� ea dYipat• tln Km •an. 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CONDOWNIUM MAP OF AVON NM STORAGE CONDOMIlVIUMS LOT A BLOCK 1 BENCHMARK AT BEAVER CREEK TOWN OF AVON, EAGLE COUNTY, COLORADO 34'[Al� FOOTAGE TANS 7A- /AWT A UMT B fRST fLOW -Q'FKE 119 .IJO SEL171D ROCIY- NA/NJgD t /KM /9NC S% O 726' 146M 4JMD • AOTA O' a4Sfwvr -OwAm YANn9mNCE comm sz"T is L350 sr 3 A :�11111111 g� GRAPHIC SCALE ( 01 MT) I fo9h 10 !L 3 B AZ; W !8 W ! uf Or z =�� Y� ff cn 'si 3 2 Y O O Or SYYY� Q J U GO yJ U N ul Q m r W 0 M �F If. DOT A OlAR 2 -73-10 �3 110.4' 726' 54.5' n n h n a� 05 29 IMLXGIVAIEQ IQO' ZAP 61' 2.1 J AREA [pWJA LN/T B 26' 7.9' 7.7" 769' 9.Y w 1.3 ' 21 h QO' 30 0.6' 0Y h NAmI 5 IS A PM710V OF IANT A' &-ACE BELOW 3 p 3 5rAIRWAY 15 A PWR a LOT 5 i D m 7.77 oww o CENNY IIQ I' T EN/NY F W FLOOR s a AZ; W !8 W ! uf Or z =�� Y� ff cn 'si 3 2 Y O O Or SYYY� Q J U GO yJ U N ul Q m r W 0 M �F If. DOT A OlAR 2 -73-10 �3 SECTION A (NEW TO THE MORN) aev. 76607' acmes noc» GI/T A z,r nBS1 none 139, rArBr e atv nT19' C BEWEC 1 M� SOMW F00TA6F T, y� .—A WTB fFST ROPP- A'F7CF 1 412P 1 JSO SELnlD noae- 61WR@v:havSMC I aim I o MUM[2 • AAA or eus7aT-eua•vo utMTpwz NBKM flElOe1,S 1,.170 Sf. EAGLE c0UN7Y nwc N0. CONDOhfiNIUM MAP OF AVON MW STORAGE CONDONMqIUNLS LAT 1Z, BLOCK 1 BENCHMARK AT BEAVER CREEK TOWN OF AVON, EAGLE COUNTY, COLORADO SECTION B (NEW TO 7HE NORTH) 0".. Ma7' 8ECT10N D (NEW lO 7HE HEST) GRAPHIC SCALE w e • • wear) I m•s - 10 ft c 13 oI W e cl °ai�i i� z w < o o: O W O U 03 ~ � 2 U 03 y� cq U m O W J �c R �R i mm. 2 -73-10 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Initials Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager — Finance Date: March 17, 2010 Re: Supplemental Budget Amendment Resolution 10 -10 Summary: At the last Council worksession staff presented to Council our recommendations as to supplemental 2010 budget cuts pursuant to an 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. The attached resolution and supplemental budget amendments officially approve these changes and allow implementation immediately upon approval. As reference to previous discussions I have attached a copy of my previous memo outlining the budget changes. With the exception of a small change to the Transit and Fleet Maintenance subsidies there are no changes to the amendments previously discussed. Financial Implications: As previously discussed, the financial implications of these 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 267 235 Page 1 Staff presented 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 additional budget savings will be necessary in order to avoid continued deficit spending in the future. Recommendation: Staff recommends that the Council approve resolution 10 -10 amending the Town's General Fund, Fleet Maintenance Fund and Transit fund budgets. Town Manager Comments: Attachments: A — Resolution 10 -10, A Resolution to Amend the 2010 Town of Avon Budget B — General Fund Budget Amendment No. 1, Pages 1-6 C — Transit Enterprise Fund Amendment No. 1, Pages 1-6 D — Fleet Maintenance Enterprise Fund, Pages 1 -7 • Page 2 TOWN OF AVON COLORADO RESOLUTION NO. 10 -10 SERIES OF 2010 A RESOLUTION TO AMEND THE 2010 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2010 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2010 AND ENDING ON THE LAST DAY OF DECEMBER, 2010 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2010 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2010; and WHEREAS, the Town Council finds it necessary to amend the 2010 budget to more accurately reflect the revenues and expenditures for 2010; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2010: General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Town of Avon Resolution No. 10 -10 Page 1 of 2 Original or Previously Amended 2010 Budget $ 6,256,272 13,930,074 13,932,913 6.253.433 Current Proposed Amended 2010 Budget $ 6,093,630 13,716,573 12,825,609 6,984.594 Transit Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Original or Previously Amended 2010 Budget $ 471,888 1,683,964 2,125,018 $ 30,834 $ 675,239 2,686,572 2,632,548 $ 646.492 Current Proposed Amended 2010 Budget $ 533,302 1,165,364 1,164,151 1.213 $ 645,898 2,361,423 2,360,829 $ 646.492 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 23rd day of March, 2010. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk Town of Avon Resolution No. 10 -10 Page 2 of 2 Y REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfer -In From Community Enhancement Fund Transfer -In From Urban Renewal Authority Transfer -In From Water Fund Transfer -In From Capital Projects Fund Total Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Other Uses Transfers -Out to Faciilities Reserve Fund Transfers -Out to Debt Service Transfers -Out to Transit Transfers -Out to Fleet Maintenance Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year kxc��tb General Fund #10 Amendment No.1 Fund Summa $ 8,990,065 $ Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) $ 8,990,065 $ 9,563,488 $ 9,454,691 $ (108,797) 124,130 218,600 138,600 (80,000) 936,745 900,148 900,148 - 1,847,484 1,998,825 1,928,371 (70,454) 129,529 143,950 130,000 (13,950) 327,079 350,000 350,000 - 343,325 376,000 385,700 9,700 12,698,357 13,551,011 13,287,510 (263,501) 500 1,500 1,500 - 40,000 60,000 60,000 - 170,000 - - - - - 50,000 50,000 308,314 317,563 317,563 - 518,814 379,063 429,063 50,000 $ 13,217,171 $ 13,930,074 $ 13,716,573 $ (213,501) $ 2,497,749 $ 2,473,534 $ 2,412,000 $ (61,534) 697,820 672,111 642,913 (29,198) 2,518,862 2,564,147 2,401,642 (162,505) 3,464,388 3,528,213 3,191,324 (336,889) 2,374,111 2,580,331 2,450,855 (129,476) 11,552,930 11,818,336 11,098,734 (719,602) 72,917 77,702 - (77,702) 604,926 601,875 601,875 - 1,290,000 1,350,000 1,125,000 (225,000) 5,000 85,000 - (85,000) 1,972,843 2,114,577 1,726,875 (387,702) 13,525,773 13,932,913 12,825,609 (1,107,304) (308,602) (2,839) 890,964 893,803 6,402,232 6,256,272 6,093,630 (162,642) $ 6,093,630 $ 6,253,433 $ 6,984,594 $ 731,161 Page 1 5 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 5,080,090 5,274,195 5,164,965 (109,230) 129,118 150,000 150,000 - 570,996 677,738 678,171 433 16,084 25,000 25,000 - 8,447 20,000 20,000 677,792 654,590 654,590 371,192 400,000 400,000 100 100 8,990,065 9,563,488 9,454,691 (108,797) 52000 Total Licenses and Permits Licenses and Permits: 65,000 (5,000) Federal Grants: 53199 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 Subtotal: Grants State /County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund 53308 State Severance Tax Subtotal: Shared Revenue 53000 Total intergovernmental 124,130 218,600 138,600 (80,000) 27,028 24,163 - 10,000 - - 3,479 3,149 3,149 64,670 3,149 3,149 - 61,663 Intergovernmental: 65,000 (5,000) Federal Grants: 53199 Other Federal Grants 172,435 State Grants 53204 LEAF Grant 54,000 Local Government/Other Agency Grants 53402 Eagle County - Ironkids 53402 Eagle County - Brightstart Subtotal: Grants State /County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund 53308 State Severance Tax Subtotal: Shared Revenue 53000 Total intergovernmental 124,130 218,600 138,600 (80,000) 27,028 24,163 - 10,000 - - 3,479 3,149 3,149 64,670 3,149 3,149 - 61,663 70,000 65,000 (5,000) 22,660 23,000 23,000 172,435 184,999 184,999 50,631 54,000 54,000 - 374,982 360,000 375,000 15,000 187,110 200,000 190,000 (10,000) 2,594 5,000 5,000 872,075 896,999 896,999 - 936,745 900,148 900,148 Page 2 / b General Fund Amendment No.1 Page 3 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 341 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. 574,584 703,548 642,548 (61,000) Recreation Facility: 54601 Admission Fees 865,035 $ 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 36,313 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 1,272,900 1,295,277 1,285,823 (9,454) 54000 Total Charges for Services 1,847,484 1,998,825 1,928,371 (70,454) Page 3 1 General Fund Amendment No.1 Revenue Detail Proposed Original Revised Difference Account Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) 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 $ 71,572 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 $ 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 9,700 123,222 140,000 140,000 - 343,325 376,000 385,700 9,700 $ 12,698,357 $ 13,551,011 $ 13,287,510 $ (263,501) Page 4 V MUNICIPAL SERVICES General Fund Department Expenditure Summaries Page 5 Total Legislative 622,255 477,694 Proposed 7,232 Judicial: Original Revised Difference Dept. /Div. Municipal Court Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) 131 Town Manager 218,637 227,673 217,812 (9,861) 132 General Government: 193,462 201,309 202,271 962 133 Legislative: 202,270 189,339 176,219 (13,120) 111 Mayor and Town Council $ 137,872 $ 122,693 $ 122,693 $ - 112 Boards and Commissions 12,882 15,805 15,805 - 113 Town Attorney 380,714 250,000 250,000 - 115 Town Clerk 90,787 89,196 96,428 7,232 Page 5 Total Legislative 622,255 477,694 484,926 7,232 Judicial: 121 Municipal Court 125,671 126,649 125,829 (820) Executive: 131 Town Manager 218,637 227,673 217,812 (9,861) 132 Human Resources 193,462 201,309 202,271 962 133 Community Relations 202,270 189,339 176,219 (13,120) Total Executive 614,369 618,321 596,302 (22,019) Finance Department: 141 Finance 602,511 654,839 619,672 (35,167) 143 Information Systems 239,222 284,461 273,701 (10,760) 149 Nondepartmental 293,721 311,570 311,570 - Total Financial Administration 1,135,454 1,250,870 1,204,943 (45,927) Total General Government 2,497,749 2,473,534 2,412,000 (61,534) Community Development: 211 Administration 149,638 179,116 178,835 (281) 212 Planning 328,921 345,609 334,368 (11,241) 213 Building Inspection 219,261 147,386 129,710 (17,676) Total Community Development 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) Page 5 MUNICIPAL SERVICES General Fund Department Expenditure Summaries Dept. /Div. Number Description Actual 2009 Original Budget 2010 Proposed Revised Budget 2010 Difference Increase (Decrease) 513 Public Works: 326,136 358,076 335,280 (22,796) 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) 519 Total Public Works 3,464,388 3,528,213 3,191,324 (336,889) 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) Page 6 1 6 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) Page 6 1 6 06C kvx�4 L Transit Enterprise Fund #52 Amendment No.1 REVENUES Taxes $ 40,383 $ 40,364 $ 40,364 $ - Intergovernmental - 293,600 - (293,600) Charges for Services 6,950 - - - Other Revenues 10,376 - - - Total Operating Revenues 57,709 333,964 40,364 (293,600) Other Sources Transfers In from General Fund - Operating 1,290,000 1,350,000 1,125,000 (225,000) Transfers In from General Fund - Capital - - - - Capital Lease Proceeds - - - - Total Other Sources TOTAL REVENUES EXPENDITURES Transportation: Administration Operations TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS 1,290,000 1,350,000 1,125,000 (225,000) 1,347,709 1,683,964 1,165,364 (518,600) 156,816 136,324 129,334 (6,990) 1,123,699 1,988,694 1,034,817 (953,877) 1,280,515 2,125,018 1,164,151 (960,867) 67,194 (441,054) 1,213 442,267 FUND BALANCES, Beginning of Year 466,108 471,888 533,302 61,414 FUND BALANCES, End of Year $ 533,302 $ 30,834 $ 534,515 $ 503,681 Page 1 Fund Summary Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) REVENUES Taxes $ 40,383 $ 40,364 $ 40,364 $ - Intergovernmental - 293,600 - (293,600) Charges for Services 6,950 - - - Other Revenues 10,376 - - - Total Operating Revenues 57,709 333,964 40,364 (293,600) Other Sources Transfers In from General Fund - Operating 1,290,000 1,350,000 1,125,000 (225,000) Transfers In from General Fund - Capital - - - - Capital Lease Proceeds - - - - Total Other Sources TOTAL REVENUES EXPENDITURES Transportation: Administration Operations TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS 1,290,000 1,350,000 1,125,000 (225,000) 1,347,709 1,683,964 1,165,364 (518,600) 156,816 136,324 129,334 (6,990) 1,123,699 1,988,694 1,034,817 (953,877) 1,280,515 2,125,018 1,164,151 (960,867) 67,194 (441,054) 1,213 442,267 FUND BALANCES, Beginning of Year 466,108 471,888 533,302 61,414 FUND BALANCES, End of Year $ 533,302 $ 30,834 $ 534,515 $ 503,681 Page 1 Transit Enterprise Fund #52 Amendment No.1 Intergovernmental: Federal Grants: 53104 FTA Grant 53000 Total Intergovernmental Charges for Services: Transportation: 54502 Charter Employee Housing: 54551 Rental Revenues - Employees 54553 Employee Housing Maintenance Charge 54000 Total Charges for Services Other Revenues: 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues Other Sources: 59201 Transfers In from General Fund - Operating 59201 Transfers In from General Fund - Capital 59303 Capital Lease Proceeds 59000 Total Other Sources 50000 TOTAL REVENUES 293,600 - (293,600) 293,600 - (293,600) 6,800 - - - 150 - - - 6,950 - - - 10,376 - - - 10,376 - - - 1,290,000 1,350,000 1,125,000 (225,000) Revenue Detail 1,290,000 1,350,000 1,125,000 (225,000) $ 1,307,326 $ 1,683,964 $ 1,165,364 Proposed Original Revised Difference Account Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) Taxes: Property Taxes 51101 Gates GID 40,383 40,364 40,364 - 51000 Total Taxes 40,383 40,364 40,364 - Intergovernmental: Federal Grants: 53104 FTA Grant 53000 Total Intergovernmental Charges for Services: Transportation: 54502 Charter Employee Housing: 54551 Rental Revenues - Employees 54553 Employee Housing Maintenance Charge 54000 Total Charges for Services Other Revenues: 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues Other Sources: 59201 Transfers In from General Fund - Operating 59201 Transfers In from General Fund - Capital 59303 Capital Lease Proceeds 59000 Total Other Sources 50000 TOTAL REVENUES 293,600 - (293,600) 293,600 - (293,600) 6,800 - - - 150 - - - 6,950 - - - 10,376 - - - 10,376 - - - 1,290,000 1,350,000 1,125,000 (225,000) 1,290,000 1,350,000 1,125,000 (225,000) $ 1,307,326 $ 1,683,964 $ 1,165,364 $ (518,600) Page 2 12 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Administration #431 Account Number Account Description Actual 2009 Original Budget 2010 Proposed Revised Budget 2010 Difference Increase (Decrease) 63504 Personnel: 63603 Rentals - Office Equipment 63999 Other Contract Services 61101 Regular Full -time Salaries $ 77,507 $ 56,937 $ 56,256 $ (681) 61151 Overtime Wages 62 - - - 61201 Automobile Allowance 1,800 1,800 1,800 250 61301 FT Pension 7,145 5,124 3,938 (1,186) 61303 Wellness 475 - - - 61304 Employee Assistance Program 24 12 12 - 61401 FICA/Medicare 827 852 842 (10) 61501 Group Health and Life Insurance 12,570 4,732 4,730 (2) 61505 Long -term Disability Insurance 516 279 279 - 61506 Short -term Disability Insurance 336 240 237 (3) 61507 Dental Insurance 1,104 450 450 - 61509 Worker's Compensation 428 486 480 (6) 61510 Unemployment Insurance 160 176 174 (2) 61000 Total Personnel 102,954 71,088 69,198 (1,890) Commodities: 62899 Other Miscellaneous Operating Supplies - 900 900 62901 Duplicating Supplies 240 500 500 - 62904 Software - 500 500 - 62905 Books and Periodicals 100 500 500 - 62999 Office Supplies and Materials 1,241 500 500 - 62000 Total Commodities 63000 Total Contract Services Other Operating Costs: 64101 Travel, Training and Conference 64103 Mileage Reimbursement 64201 Telephone 64202 Gas 64203 Electric 64204 Water and Sanitation 64301 Postage and Delivery Costs 64306 Permit and Licensing Fees 64307 Bank Svc Chags / Credit Card Fees 64901 Advertising and Legal Notices 64904 Operating Fees, Assessments and Charges 64905 Insurance Premiums 64000 Total Other Operating Costs 1,581 2,900 2,900 - 4,833 Contract Services: 63203 Printing and Reproduction 63304 Computer Services and Support 63504 R &M - Office Equipment and Computers 63603 Rentals - Office Equipment 63999 Other Contract Services 63000 Total Contract Services Other Operating Costs: 64101 Travel, Training and Conference 64103 Mileage Reimbursement 64201 Telephone 64202 Gas 64203 Electric 64204 Water and Sanitation 64301 Postage and Delivery Costs 64306 Permit and Licensing Fees 64307 Bank Svc Chags / Credit Card Fees 64901 Advertising and Legal Notices 64904 Operating Fees, Assessments and Charges 64905 Insurance Premiums 64000 Total Other Operating Costs 1,581 2,900 2,900 - 4,833 6,250 6,250 - 165 500 500 - 1,525 1,500 1,500 - 3,589 3,589 3,589 - 6,548 6,500 6,500 - 16,660 18,339 18,339 - 1,281 2,000 2,000 - - 250 250 - 1,428 1,850 1,850 - 2,671 3,250 3,000 (250) 12,490 16,100 13,000 (3,100) 810 1,000 1,000 - 187 450 450 - 12 250 250 - 100 - - - 1,236 3,000 1,250 (1,750) 1,000 - - - 14,406 15,847 15,847 - 35,621 43,997 38,897 (5,100) Page 3 13 Function: Transportation #430 Department/Division: Transportation #430 Program: Administration #431 Account Number Account Description Capital Outlay: 66402 Computers and Peripherals 66000 Total Capital Outlay 60000 Total Expenditures Town of Avon Line Item Detail Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) $ 156,816 $ 136,324 $ 129,334 $ (6,990) Page 4 i(. Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Operations #432 Account Number Account Description Actual 2008 Original Budget 2009 Proposed Revised Budget 2009 Difference Increase (Decrease) 227,303 Personnel: 124,564 (50,648) 3,343 144,743 105,143 (39,600) 61101 Regular Full -time Salaries $ 324,438 $ 330,712 $ 280,813 $ (49,899) 61121 PTS Wages 100,348 84,002 56,037 (27,965) 61122 PTS Bonuses 1,779 1,797 1,737 (60) 61151 Overtime Wages 5,748 11,640 11,640 - 61202 Ski Pass 2,316 1,198 1,158 (40) 61301 FT Pension 29,741 29,764 19,657 (10,107) 61302 PTS Pension 3,924 3,577 2,525 (1,052) 61303 Wellness 3,387 - - - 61304 Employee Assistance Program 168 168 140 (28) 61401 FICA/Medicare 6,390 6,277 5,132 (1,145) 61501 Group Health and Life Insurance 73,272 64,349 53,643 (10,706) 61505 Long -term Disability Insurance 3,288 3,267 2,768 (499) 61506 Short-term Disability Insurance 1,416 1,483 1,257 (226) 61507 Dental Insurance 6,348 6,300 5,250 (1,050) 61509 Worker's Compensation 13,827 15,009 12,191 (2,818) 61510 Unemployment Insurance 885 1,288 1,054 (234) 61000 Total Personnel 577,275 560,831 455,002 (105,829) Commodities: 62401 Gasoline 18,787 17,000 12,375 (4,625) 62402 Diesel 73,848 67,000 50,625 (16,375) 62801 Gifts and Awards 443 750 750 - 62802 Food and Beverages 1,513 2,100 2,100 - 62805 Clothing and Uniforms 3,984 4,170 4,170 - 62809 Medical Supplies and 1st Aid 962 1,000 1,000 - 62899 Other Miscellaneous Operating Supplies - 10,400 10,400 - 62999 Office Supplies and Materials 282 500 500 - 62000 Total Commodities Contract Services: 63301 Medical Services and Examinations 63506 R &M - Radios and Communications Equipment 63601 Rentals- Building and Office Space 63000 Total Contract Services Other Operating Costs: 64102 Dues, Licenses and Memberships 64206 Cellular & Paging 64401 Fleet Maintenance Charges 64402 Equipment Replacement Charges 64403 Washbay Charges 64902 Financial Support, Donations, and Contributions 64906 Insurance Deductibles 99,819 102,920 81,920 (21,000) 3,425 3,250 3,250 - 5,525 7,675 4,875 (2,800) 12,880 - - - 21,830 10,925 8,125 (2,800) 1,706 2,000 2,000 - 425 700 700 - 227,303 175,212 124,564 (50,648) 3,343 144,743 105,143 (39,600) 14,883 15,983 15,983 - 168,380 234,280 234,280 - 8,735 6,000 6,000 - 64000 Total Other Operating Costs 424,775 578,918 488,670 (90,248) Page 5 Town of Avon Line Item Detail Function: Transportation #430 DepartmentlDivision: Transportation #430 Program: Operations #432 Account Number Account Description Capital Outlay: 66402 Computers and Peripherals 66503 Buses and Transportation Related Vehicles 66000 Total Capital Outlay 60000 Total Expenditures 1,100 1,100 - 734,000 - (734,000) - 735,100 1,100 (734,000) $ 1,123,699 $ 1,988,694 $ 1,034,817 $ (953,877) Page 6 /4 Proposed Original Revised Difference Actual Budget Budget Increase 2008 2009 2009 (Decrease) 1,100 1,100 - 734,000 - (734,000) - 735,100 1,100 (734,000) $ 1,123,699 $ 1,988,694 $ 1,034,817 $ (953,877) Page 6 /4 ag MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 REVENUES Charges for Services Other Revenue Total Operating Revenues Other Sources Operating Transfers In Total Other Sources 111161'_ WTAT14191*-1 EXPENDITURES Public Works: Fleet Maintenance Washbay TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS Fund Summary Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) $ 2,395,885 $ 2,601,572 $ 2,341,423 $ (260,149) 23,334 - 20,000 20,000 2,419,219 2,601,572 2,361,423 (240,149) 25,000 85,000 - (85,000) 25,000 85,000 - (85,000) 2,444,219 2,686,572 2,361,423 (325,149) 2,342,506 2,522,953 2,288,154 (234,799) 47,520 109,595 72,675 (36,920) 2,390,026 2,632,548 2,360,829 (271,719) 54,193 54,024 594 (53,430) FUND BALANCES, Beginning of Year 591,705 675,239 645,898 (29,341) FUND BALANCES, End of Year $ 645,898 $ 729,263 $ 646,492 $ (82,771) Page 1 '7 MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 Revenue Summary Proposed Original Revised Difference Account Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) 54000 Total Charges for Services $ 1,579,891 $ 1,811,367 $ 1,579,891 $ (231,476) 628,048 Charges for Services: 54806 3rd Party Fleet Maintenance Charges 54901 Departmental Fleet Maintenance Chrgs 54902 Wash Bay Charges 54903 Sales of Fuel 54000 Total Charges for Services $ 1,579,891 $ 1,811,367 $ 1,579,891 $ (231,476) 628,048 577,360 523,782 (53,578) 123,154 107,561 132,466 24,905 64,792 105,284 105,284 - Insurance Reimbursements 21,008 - 20,000 20,000 2,395,885 2,601,572 2,341,423 (260,149) Page 2 NO Other Revenues: 58108 Finance Charges 14 - - - 58205 Insurance Reimbursements 21,008 - 20,000 20,000 58999 Miscellaneous Nonclassified Revenues 2,312 - - - 58000 Total Other Revenues 23,334 - 20,000 20,000 Other Sources: 59201 Transfers In - General Fund 5,000 85,000 - (85,000) 59201 Transfers In - Community Enhancement 20,000 - - - 59000 Total Other Sources 25,000 85,000 - (85,000) 50000 TOTAL REVENUES $ 2,444,219 $ 2,686,572 $ 2,361,423 $ (325,149) Page 2 NO MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 54901 Total 628,048 577,360 523,782 (53,578) Page 3 �9 Departmental Fleet Maintenance Charges Revenue Detail 54901 Administration - Nondepartmental 3,460 3,658 3,658 - Proposed IT - - - - Original Revised Difference Account 2,469 - Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) 54901 Police - Investigations 2,146 1,789 1,789 - 54901 Engineering Charges for Services: 5,208 5,208 - 54901 Public Works - Admin 435 3rd Party Fleet Maintenance Charges 1,099 - 54901 Public Works - Roads and Streets 215,425 54806 Beaver Creek Transit $ 428,691 $ 434,529 $ 428,691 $ (5,838) 54806 Vail Resorts Dial -a -Ride 606,624 751,733 606,624 (145,109) 54806 Beaver Creek Maintenance 131,838 91,055 131,838 40,783 54806 Smith Creek Maintenance 45,290 74,715 45,290 (29,425) 54806 Eagle County Transit 5,351 8,585 5,351 (3,234) 54806 Eagle River Fire Protection District 99,267 105,211 99,267 (5,944) 54806 Eagle County Ambulance District 41,333 57,910 41,333 (16,577) 54806 Eagle River Water & Sanitation District 153,964 171,860 153,964 (17,896) 54806 Town of Minturn 16,246 11,693 16,246 4,553 54806 Town of Redcliff 5,621 3,461 5,621 2,160 54806 Vail Valley Foundation 4,025 3,811 4,025 214 54806 Greater Eagle Fire Protection District 17,716 40,000 17,716 (22,284) 54806 Western Eagle County Ambulance Dist. 12,294 24,649 12,294 (12,355) 54806 EC H MT 3,102 1,505 3,102 1,597 54806 Gypsum Fire District 8,529 30,650 8,529 (22,121) 54806 Total 1,579,891 1,811,367 1,579,891 (231,476) 54901 Total 628,048 577,360 523,782 (53,578) Page 3 �9 Departmental Fleet Maintenance Charges 54901 Administration - Nondepartmental 3,460 3,658 3,658 - 54901 IT - - - - 54901 Comm Dev - Building Inspection 2,068 2,469 2,469 - 54901 Police - Administration 904 4,889 4,889 - 54901 Police - Patrol 51,982 60,400 60,400 - 54901 Police - Investigations 2,146 1,789 1,789 - 54901 Engineering 3,933 5,208 5,208 - 54901 Public Works - Admin 435 1,099 1,099 - 54901 Public Works - Roads and Streets 215,425 207,003 207,003 - 54901 Public Works - Facilities Maintenance 18,231 8,088 8,088 - 54901 Public Works - Parks 87,566 79,810 79,810 - 54901 Recreation - Administration 2,400 2,924 2,924 - 54901 Transit - Operations 227,303 178,142 124,564 (53,578) 54901 Fleet Maintenance 12,195 14,730 14,730 - 54901 Equipment Replacement Fund - 7,151 7,151 - 54901 Total 628,048 577,360 523,782 (53,578) Page 3 �9 MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 Account Number Description 54902 Total Revenue Detail Original Actual Budget 2009 2010 Proposed Revised Difference Budget Increase 2010 (Decrease) 936 Charges for Services - Continued: 1,040 - Washbay Charges: 54902 Administration 54902 IT 54902 Comm Dev - Building Inspection 54902 Police - Administration 54902 Police - Patrol 54902 Police - Investigations 54902 Public Works - Engineering 54902 Public Works - Roads and Streets 54902 Public Works - Facilities Maintenance 54902 Public Works - Parks 54902 Recreation - Administration 54902 Transit - Operations 54902 Fleet Maintenance 54902 ECO 54902 Vail Resorts Dial -a -Ride 54902 Beaver Creek Bus System 54902 Total Revenue Detail Original Actual Budget 2009 2010 Proposed Revised Difference Budget Increase 2010 (Decrease) 936 1,040 1,040 - - 520 520 - 936 1,040 1,040 - 530 520 520 - 4,680 6,240 6,240 - 468 520 520 - 936 1,040 1,040 - 7,008 7,654 7,654 - 936 1,560 1,560 - 5,988 6,574 6,574 - 1,644 1,560 1,560 - 14,883 15,983 15,983 - 1,404 1,560 1,560 - 7,900 11,750 11,750 - 38,815 - 38,815 38,815 36,090 50,000 36,090 (13,910) 123,154 107,561 132,466 24,905 Page 4 ;)"o Function: Public Works Department: Transportation Program: Fleet Maintenance #434 Account Number Account Description 61000 Total Personnel Personnel: 61101 Regular Full -time Salaries 61151 Overtime Wages 61201 Automobile Allowance 61301 FT Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long -term Disability Insurance 61506 Short-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel 62000 Total Commodities Town of Avon Line Item Detail Commodities: 62205 Plumbing and Electrical Materials 62401 Gasoline 62404 Stock Parts 62405 Nonstock Parts 62802 Food and Beverages 62805 Clothing and Uniforms 62807 Consumable Tools /Small Equipment 62809 Medical Supplies and 1 st Aid 62899 Other Miscellaneous Operating Supplies 62999 Office Supplies and Materials 62000 Total Commodities Town of Avon Line Item Detail $ 622,436 $ Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) $ 622,436 $ 657,438 $ 618,374 $ (39,064) 8,085 6,000 5,500 (500) 360 360 360 - 56,589 59,169 43,286 (15,883) 5,758 - - - 302 314 294 (20) 9,148 9,625 9,051 (574) 132,875 120,582 112,161 (8,421) 5,981 6,339 5,892 (447) 2,649 2,931 2,730 (201) 11,659 11,790 10,954 (836) 9,132 11,610 10,875 (735) 1,269 1,991 1,873 (118) 866,243 888,149 821,350 (66,799) 18,645 - - - 2,413 9,122 9,122 - 722,468 834,144 699,144 (135,000) - 4,000 4,000 - 449 530 530 - 358 770 770 - 16,256 19,000 19,000 - 1,023 1,180 1,180 - 44,742 42,100 42,100 - 895 2,500 2,500 - 807,249 913,346 778,346 (135,000) 63000 Total Contract Services Page 5 (33,000) 132,045 165,293 132,293 (33,000) i Contract Services: 63505 R &M - Vehicles 36,604 77,885 44,885 63506 R &M - Radios and Communications Equipment 1,625 1,000 1,000 63507 R &M - Machinery and Equipment 51,758 21,100 21,100 63549 R &M - Other Specialized Equipment 7,576 12,000 12,000 63551 Laundry and Cleaning Services 12,122 13,695 13,695 63599 Other Maintenance Services 11,970 17,200 17,200 63999 Other Contract Services 10,390 22,413 22,413 63000 Total Contract Services Page 5 (33,000) 132,045 165,293 132,293 (33,000) i Town of Avon Line Item Detail Function: Public Works Department: Transportation Program: Fleet Maintenance #434 Proposed Original Revised Difference Account Actual Budget Budget Increase Number Account Description 2009 2010 2010 (Decrease) 64000 Total Other Operating Costs Other Operating Costs: 64101 Travel, Training and Conference 64102 Dues, Licenses and Memberships 64201 Telephone 64202 Gas 64203 Electric 64204 Water & Sanitation 64205 Trash Collection & Recycling 64206 Cellular & Paging 64301 Postage and Delivery 64401 Fleet Maintenance Charges 64402 Equipment Replacement Charges 64403 Washbay Charges 64905 Insurance Premiums 64000 Total Other Operating Costs 65000 Total Debt Service Capital Outlay: 66402 Computers and Peripherals 66499 Other Machinery and Equipment 66000 Total Capital Outlay 60000 Total Expenditures 676 Debt Service: 65101 Bond Principal 65102 Bond Interest 65201 Capital Lease Payments - Principal 65202 Capital Lease Payments - Interest 65000 Total Debt Service Capital Outlay: 66402 Computers and Peripherals 66499 Other Machinery and Equipment 66000 Total Capital Outlay 60000 Total Expenditures 676 1,300 1,300 - 210 700 700 - 115 544 544 - 14,833 23,700 23,700 - 16,649 19,700 19,700 - 3,455 3,723 3,723 - 4,118 5,722 5,722 - 1,093 1,000 1,000 - 383 500 500 - 12,196 8,453 8,453 5,276 5,276 5,276 - 1,404 1,560 1,560 - 9,981 10,979 10,979 - 70,389 83,157 83,157 - 258,750 270,000 270,000 - 160,832 148,800 148,800 - 13,178 13,178 13,178 - 432,760 431,978 431,978 - - 2,200 2,200 - 33,820 38,830 38,830 - 33,820 41,030 41,030 - $ 2,342,506 $ 2,522,953 $ 2,288,154 $ (234,799) Page 6 ?-Z Town of Avon Line Item Detail Function: Public Works Department: Transportation Program: Washbay #435 Account Commodities: Number Account Description 62000 Total Commodities 2009 2010 Personnel: 61101 Regular Full -time Salaries 61121 PTS Wages 61122 PTS Bonuses 61151 Overtime Wages 61301 FT Pension 61302 PTS Pension 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long -term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel 8,817 17,375 17,375 - 8,817 17,375 17,375 - 8,264 12,200 Commodities: 62899 Other Miscellaneous Operating Supplies 62000 Total Commodities 2009 2010 Contract Services: 63501 R &M - Buildings and Facilities 63549 R &M - Other Specialized Equipment 63999 Other Contract Services 63000 Total Contract Services Other Operating Costs: 64201 Telephone 64204 Water & Sanitation 64000 Total Other Operating Costs 60000 Total Expenditures 8,817 17,375 17,375 - 8,817 17,375 17,375 - 8,264 12,200 Proposed Original Revised Difference Actual Budget Budget Increase 2009 2010 2010 (Decrease) 8,817 17,375 17,375 - 8,817 17,375 17,375 - 8,264 12,200 12,200 - - 15,120 7,500 (7,620) 7,815 17,900 10,000 (7,900) 16,079 45,220 29,700 (15,520) 470 600 600 - 22,154 46,400 25,000 (21,400) 22,624 47,000 25,600 (21,400) $ 47,520 $ 109,595 $ 72,675 $ (36,920) Page 7 Z3 *Ock—&� �, Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Initials Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager - Finance Date: March 3, 2010 Re: Proposed Supplemental Budget Amendment Summary: 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 = $443.412 • 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 Transfers -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 staffs 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 2_5 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 267 235 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 2010/2011 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 will not 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. 1 • Page 3 1�,(0 Memo To: Honorable Mayor and Town Council cc: Larry Brooks, Town Manager Eric Heil, Town Attorney From: Patty McKenny, Assistant Town Manager, Management Services Date: March 17, 2010 Re: Resolution No. 10-11 Appointing Members to Upper Eagle Regional Water Authority Summary: The attached resolution appoints an Avon Town Council member and the Town Engineer to the Upper Eagle Regional Water Authority in light of Mayor Pro Tern Sipes' notice that he would no longer be able to serve on that board due to personal and professional reasons. It was discussed at the last work session that Councilor Ferraro would be willing to serve as the primary appointment and the Town Engineer Justin Hildreth would serve as an alternate. After the November candidate election, there will be further discussions about the appointments. TOWN OF AVON, COLORADO RESOLUTION NO. 10 -11 SERIES OF 2010 RESOLUTION OF TOWN OF AVON APPOINTING REPRESENTATIVES TO UPPER EAGLE REGIONAL WATER AUTHORITY BE IT RESOLVED, by the Town Council of the Town of Avon that its designated principal member of Upper Eagle Regional Water Authority (who is a member of Avon Town Council) shall be: Kristi Ferraro BE IT FURTHER RESOLVED that the designated alternate member to serve in the absence of the above - designated principal member shall be: Justin Hildreth, Town Engineer BE IT FINALLY RESOLVED that those persons shall serve as Town of Avon's designees until further written notice from the Town of Avon. ADOPTED this 23rd day of March 2010. Avon Town Council Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk MUTUAL AID AGREEMENT FOR THE PROVISION OF LAW ENFORCEMENT SERVICES ATTEST: Clerk to the Town of Avon SIGNATURE PAGE 4 TOWN OF AVON, a Colorado Municipal corporation Larry Brooks, Town Manager Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst Town Manager, Com Dev From: Matt Pielsticker, Planner II Date: March 16, 2010 Re: PUBLIC HEARING 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. The Council approved this Ordinance on First Reading at the March 9, 2010 regular 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 the second reading of 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 -05 SERIES of 2010 AN ORDINANCE APPROVING 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 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 4 of 4 Ord No. 10 -05 Sid 4.—• 1 r A 1P. - 14 r. DECLARATION OF COVMLXNTS, CONDITIONS, RESTRICTIONS AM XKBZXZNTB FOR • CANYON RUN 606334 B-710 P-355 11/01/1996 04:37P PC; I OF 62 REC. Sara J. Fisher DOC Eagle C0untX Clark & Recorder 311.00 II NOT In Lam, :V's _ i Lr1 r �:.• '.r, i * t-' ''/ Eir^ f. and obtain a release of such lion. In the event that the Owner of the Condominium Unit on which the labor was performed or materials furniDhod refuses or fails to so indemnify within seven days after the Canyon Run Association shall have given notice to such Owner of tho total amount of the clsim, or any portions thereof from time to time, then the failure to so indemnify shall be a default by such Owner under the provisions c' this Section 12.2, and such amount to be indemnified shall automatically become a default Assessment determined and levied against such Condominium Unit, and enforceable by the Canyon Run Association in accordance with Sections 8.10, 8.11 and 8.12 above. AATICLS 13 IIs8 iR28TRICTION3 section 13.1 Una of Condominium Units. All Units shall be used for dwelling and lodging purposes only, in conformity with all zoning laws, ordinances and regulations. Owners of Condominium Units may rant or leaDe such Units to others for these purposes and may uno the Condominium Units for home occupations which do not cause unreasonable disturbance to other Owners and which are permitted by applicable zoning codes. Notwithstanding the toragoing, two (2) Condominium Units designated on the 4ondorririum Asap as a ^Commercial Unit" may be used as a Condominium Project :sales offico, property anagement office, rental management office, . storage facility and /or such other uses as may be permitted under the Town of Avon zoning and use restrictions applicable to Canyon Run, including, without limitation, Town of Avon Ordinance No. 96 -9 rocordod in Book 708 at Page 144 in tha real property records of $aglo County, Colorado.. All owners will be subject to the rules 'and -r.ogulations of.tho Canyon Run Association. ,•'.600tion 13.2• ''•rnu itce a` Condominium [lnite. All Condominium Units,- whother or not the instrument of eonvoyance or aaaignmant shall rotor to -this Declaration, shall bo•subject to the - •.covonante; conditions,' restrictions, easements; reservations, rights -of -way, and other provisions contained in this Declaration, AD the same may bo amendod from time to time. shall be no r; .ry CI s obstruction of the Common Elements, nor snail anyLnxav Aa xoYL- s;i•;; .. stored on any part of the Common Elements by any Owner without the ` �!;'••.'. -prior' written approval of the Canyon Run Association. Nothing shall be altered on, constructed in, or removed from the Common c' Elements by any Owner without the prior written approval of 'ie Canyon Run Association. Section 13.4 x ]1�i.trr ` " r " - "n�en n InQUYab'_c_a nka and Lir S� 1l1L �ies. Nothing shall bo done or kept in any t or in on the Cot+unon Elements, or any part o: ?.d res�: t 1n the cancellation cf the insurance on f the Condominium Project or in an increase in* the �o 606334 D -710 P -355 11/01/1994 04 :37P PG 35 OF 62 E I 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 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 FA 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 Comorehensive 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, efificlen4 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. Idendrication 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. 5 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 �. J elS 'SL.�`�2h'y�`• ,t t�hv' i „' _ f i � ':%�. ' r� `y^?�,' ., - .:.r ck �^ '. r .. ! M.'ir i•t •! ���_eJ� y �.T� y t J.�'> y : -� �•.r• .+�+fj^r Y. ' J; t #n %,,��''•.. r'+ 1 'Y .' rte!' t. r,i1 ra• [,,;,,,,���r_ ':S>~ ,! 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T �' �•4.qR•� '~ i t Lr _ i i i; 1' 'f F� �'y }� 1"�b l+• ` T }'..•...,Gl. •.tif��T �i1` a+ 1[Lr. �1'Y J' f �#�'�! t ,lit Ar X u , `•l�+r y }il +rtr'E: • J4 1 � �Ye4',�{ • ^'k" mill ` � t'r �' +• t,., {- h. h� i • \ IGi1,1 f � t `,9�, ~i- j-�i+ 4 Jrii , ✓� f k+'.�J•Yi.�J�1i..yI�J?i K �: �. 'S� ��� �. !• > d = 1r �L •t � �� �.. �� � � 7�.f >,�Nr � ''ti \•%fir i' ;�" i t f -1. r.•V �t��i rr G r t... #� 3 s��l: R'Yr •'t • a � L � it ? N'� q. Y .�'ii. t� � 'y �.et K �' Ii•'t' � �.(. �t i'-'F i 7 S � v Y J1 ?�i-.v � •r 3 � [ 4� °� it � ' / `:11' rwtr.,i > ,^ rf '� � i4 •� s IX r� 2 _ d ysi 1 •4:. ,. .,rt .gip ra�'rY4f, +- f.'�t�.�� °i•I `�, i4� "yt �..,{ �1f'��t�1i •rte' sii' � t ;l�o,s l _ �t'e;� {�',; r �� r¢s _ lr Ls l fill !ill in Lo 7 e� KNI r r` I I r r ir i i Exhibit B i F o m a 9 m VmNOUN!• L ..� � ,3 s gas g I igil g a a D t i l� oil it � ,a Exhibit C Exhibit D Robert H. Simpson 560 Malley Road 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 p 'operty 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 short term rentals of less than 30 days for The Lodge at Brookside. Sincerely, ti01� r ' `v 1 \OQmgfi RobepiH. Siff 2fi1 sally - -. 6iMnf .,,_L +dembei - -- Arnedscan Association of 001h- -13nosts Febmary 11, 2010 Recording Secretary RECEIVED Town of Avon FED 1 6 P.O.Box 975 2Q +Q Avcn. CO S 1610 Community Devaioomen Dear Secretary, I am writing regarding a proposed PUD amendment that would pen-nit "short term rentals" in the Brookside PUD (Lot 2 & 3, Englewood Subdivision, 37305 Highway 6 & 24). I am strongly opposed to such a measure. 1 obit.(( to of 6,tively turnmg (flat property into a hotel. I am fearful that the increased nturtht s LX rent, •rs will substantially increase maintenance costs and devalue the urupertie_ c►t'::�iivid� +�►1 o�nrrs T'lile prupelfy was not built with any plan lbr short teen reratals. i_ad that t;.--ca the case, l would not have purchase([ property there. Very sincerely, AW-1 , �v Mervin W. Graham Owner Unit #310 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 March 16, 2010 PUBLIC HEARING Ordinance No. 10 -05, Series of 2010 Amending the Nottingham Station 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. The Council approved the first reading of this Ordinance at the March 9, 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: 9 move to Approve Second Reading of Ordinance No. 10 -05, Series of 2010, Amending the Nottingham Station PUD to permit short term rental units on Lot 4 (Canyon Run)." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE 10 -04 SERIES of 2010 AN ORDINANCE APPROVING 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 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 26`h 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 26`h 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 M l 1 2 hL CONDOMINIUM DECLARATION FOR THE LODGE AT BROOKSIDE 111111111111111111111111111111111111111111 HIM 1111 IN 071313 10/0111998 04:48P 134 Sara Fisher t of 72 0 361.00 0 0.00 N 0.00 Eagle CO ARTICLE 13 USE RESTRICTIONS/DISCLOSURES Section 13.1 Use of Condominium Units. Subject to the rights of Declarant and the Association under this Declaration, .all Condominium Units shall be used for dwelling and lodging purposes only, except that Condominium Units used for dwelling and lodging purposes may also be used for home occupations which do not cause unreasonable disturbance to other Owners and which are permitted by applicable zoning codes. Subject to the rights of Declarant and the Association under this Declaration, Owners of Condominium Units may rent or lease their Condominium Units for the-forgoing permitted purposes only. Subject to the rights ofDeclamnt and the Association under this Declaration, the use of Condominium Units shall be subject to the rules and regulations of the Association and the terms of the other Brookside Lodge Documents governing the use of Condominium Units. Nothing contained in this Section 13.1 shall be interpreted to or shall restrict, limit or otherwise interfere with or affect in any way any of the rights of Declarant 'or the Association under this Declaration. Section 13.2 Conveyance Condominium Units. All Condominium Units, whether or not the instrument of conveyance or assignment shall refer to this Declaration, shall be subject to the covenants, conditions, restrictions, easements; reservations, rights -of -way, and other provisions contained in this Declaration. Section 13.3 Use of Common Elements. Subject to the rights ofDeclarant and the Association under this Declaration,-there shall be no obstruction of the Common Elements and nothing shall be kept or stored on any part of the Common Elements by any Owner or other person, except in areas that may be expressly designated for storage on the Map or by the Association, without the prior written approval of the Association. Subject to the.rights of Declarant and the Association under this Declaration, nothing shall be altered on, constructed in, or removed from the Common Elements by any Owner or other person, without the prior written approval of the Association. The use of the Common Elements shall be subject to the provisions of this Declaration and the other Brookside Lodge Documents, including the rights and easements provided for in Article 14, and to the provisions -of the Master Association Documents. Nothing contained in this Section 13.3 shall be interpreted to or shall restrict, limit or otherwise interfere with or affect in any way any of the rights of Declarant or the Association under this Declaration. Section 13.4 Prohibition of Increases in Insurable Risks and Certain Activities. Nothing shall be done or kept in any Condominium Unit or in or on the Common Elements, or any part thereof, which would result in the cancellation of the insurance on all or any part of the Condominium Project, and nothing shall be done or kept in. any Condominium Unit or in or on the Common Elements, or any part thereof, except for activities permitted pursuant to Declamnt's rights under this TUclaration, which would resulLi 4hexate -om ll or any part of the Condominium Project, over what the Association, but for such activity, would pay,, without the prior written approval of the Association. Nothing shall be done or kept in any Condominium Unit or in or on the Common Elements, or any part thereof, which would be in* . violation of any statute, rule, ordinance, regulation, permit, or other imposed requirement of any governmental body. Subject to the rights of Declarant under this Declaration, no damage to or I III,,, IIIII 1111111 III, 1.111, 111,, 111,11 32 571313 10/01/1998 04:48P 134 Sara flshar 39 of 72 R 361.00 0 0.80 N 0.00 Eagle CO 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 4, 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'. II 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. B. 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 r Canyon Run ` RA h4 Nc +� y444. 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R� c i Q� O h m lI all 1 9 a v 6 u lip I m m m w Exhibit B HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: March 183, 2010 SUBJECT: Traer Creek Plaza, LLC Appeal Summary: On March 9, 2010, the Town Council reviewed proposed drafts of Findings of Fact for the Traer Creek Plaza, LLC appeal which were submitted by the Appellant/Applicant's attorney and by myself as the Avon Town Attorney. Town Council provided direction to consolidate the proposed Findings of Fact into one document for your consideration at the March 23, 2010 regular Town Council meeting. The Findings of Fact have been revised to reflect direction provided by the Town Council. The revised Findings of Fact and Exhibit A — List of Documents are presented for your consideration. Background: 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. 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 Hell, Esq., A.I.C.P. 1499 Blake Street, Unit 1-G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org 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 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 A attached hereto, and the oral arguments of the parties made at the February 23, 2010 appeal hearing of Applicant - Appellant Traer Creek Plaza LLC ( "TC Plaza "), hereby delivers its findings of fact, conclusions, and order with respect to TC Plaza's appeal of the February 3, 2010 decision of Avon Town Clerk Patty McKenny (the "Town Clerk ") to decline to place TC Plaza'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. 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 1 "), 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 Traer Creek Plaza, LLC Appeal Page 1 of 8 2010.03.18 ejh 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 TC Plaza informing TC Plaza 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) the District is considered to be an applicant for the purposes of the Application and that the District is currently in default of agreements with the Town of Avon. TC Plaza, 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. TC Plaza Appeal Hearing: The Town Council properly scheduled and conducted a hearing in a timely manner for TC Plaza's appeals in accordance with Avon Municipal Code Section 16.12.050(d). The February 23, 2010 hearing concerning TC Plaza's appeal of the Town Clerk's Decision was properly noticed as required by the Avon Municipal Code. The Avon Town Council, acting in its capacity as a quasi-judicial tribunal, properly has jurisdiction over the matters described in TC Plaza's appeal and has full legal power and authority to render its decision with respect to TC Plaza's appeal. 4. 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 ") and is incorporated herein as Exhibit A. 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 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. 5. Oral Arguments Presented: 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 TC Plaza, presented oral arguments on the record in support of TC Plaza's position that the Avon Town Council should overrule the Town Clerk's Decision and direct the Town Clerk to place TC Plaza's application on the next available Town Council agenda for public hearing. 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 Sections 16.24.010, 16.20.040, 17.24.020(a)(1), 17.24.020(a)(2), 17.24.020(a)(5) of the Avon Municipal Code with respect to the proposed ownership of the Lot 2 underground parking areas. 6. 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). "A 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. (b) Parking Regulations, Avon Municipal Code. The Municipal Code requires condominium subdivision applications to be reviewed and approved by the Town Council but ' Exhibit A, Item 29, VAA Agreement, Sections 1.1.9 "Development Plan" defined, 1.1.35 "PUD Guide" defined, and Section 3.1 "PUD Zoning." 2 Exhibit A, Item 29, VAA Agreement, Section 1. 1.28 "Project" defined. 3 Exhibit A, 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 Exhibit A, Item 29, PUD Guide, Section A.5. 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 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 5 Exhibit A, Item 21 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.6 (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. (f) Final Decision. Based on the findings stated above, the Town Council upholds the decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision application on the agenda of a Town Council meeting because 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. 7. 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 or from the authorized agents of said owners." Chapter 16.08 of the Municipal Code does not define "owner," "agent" or "land." The 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 6 Exhibit A, Item 14, Exhibit 13, Pages 1 and 2. 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 the District presently owns the parking garage which the Application proposes to establish as Unit 1 of the condominium. 10 Mr. Ayers confirms that the District presently owns the parking garage which the Application proposes to establish as Unit 1 of the condominium.11 Mr. Repucci also stated and confirmed at the February 23, 2010 hearing that the 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 the 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 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 upholds the decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision application on the agenda of a Town Council meeting because the Town Council finds that the Exhibit A, Item 24 8 Exhibit A, Item 25 9 Exhibit A, Item 23 10 Exhibit A, Item 7, page 3 11 Exhibit A, Item 6, page 1 12 Exhibit A, Item 32 Development Agreement, Parking Facility Agreement and Common Easement establish a beneficial ownership interest in real estate for the benefit of the District; the obligation of the District to cooperate and participate in a condominium subdivision application for the Traer Creek Plaza building; the right of the District to review, participate and approve a condominium subdivision application; the obligation of the District to pay a portion of the condominium subdivision application fees and costs; and the right of the District to receive fee ownership to a separate ownership interest described as Unit 1 of the Application; and that representatives of the Application and the District have stated and confirmed that the District is presently the owner of the parking garage area. Therefore, the Town Council finds that the District is the owner of a real property interest in Lot 2, The Village at Avon Filing No. 1, Avon, Colorado; that the District has authorized Traer Creek Plaza, LLC to submit a condominium application on behalf of the District's ownership interest; and that the District is an applicant for the purposes of Section 16.12.050 of the Municipal Code. Town Council also finds that the 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 the District is not in default with the Town of Avon or the District is divested of any beneficial real property ownership interest in Lot 2, The Village at Avon, Filing No. 1, Town of Avon, Colorado. 8. 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. 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 TC Plaza'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 TC Plaza's Condominium Plat Application on the Avon Town Council meeting agenda for February 9, 2010, or on any later Avon Town Council meeting agenda. DATED March 23, 2010. BY THE TOWN OF AVON: ATTEST: Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk EXHIBIT A PUBLIC WRITTEN RECORD OF APPEAL Traer Creek Plaza, LLC Subdivision Application List of Documents, prepared February 25, 2010 [chronological order from most recent to earliest] 1. Letter: To: Patty McKenny, Asst. Town Manager /Town Clerk From: Johnson & Repucci LLP Date: February 4, 2010 Re: Traer Creek Plaza Condominium Map Application- Notice of Appeal 2. Memo: To: The Honorable Mayor Wolfe and Town Council Members From: Eric Heil, Town Attorney Date: February 4, 2010 Re: Traer Creek Plaza Condominium Application 3. Letter: To: Helaine R. Smith, Johnson & Repucci, LLP From: Patty McKenny, Town Clerk Date: February 3, 2010 (date on letter erroneously states January 3, 2010). Re: Notice of removal of application from Town Council Agenda 4. Memo: To: Patty McKenny, Asst. Town Manager /Town Clerk From: Eric Heil, Town Attorney Date: February 2, 2010 Re: Traer Creek Plaza Condominium Application 5. Memo: To: Patty McKenny, Asst. Town Manager /Town Clerk From: Sally Vecchio, Asst. Town Manager /Comm Dev. Director Date: February 1, 2010 Re: Traer Creek Plaza Condominium Application 6. Letter: To: Eric Heil, Town Attorney From: Munsey Ayers, Otten, Johnson, Robinson, Neff & Ragonetti, PC Date: January 25, 2010 Re: Traer Creek Plaza LLC Application for Minor Subdivision Plat; Response Letter Dated December 23, 2009, From Eric Heil to Michael Repucci 7. Letter: To: Eric Heil, Town Attorney From: Darlene Sisneros, McGeady Sisneros, P.C. Date: January 25, 2010 RE. Response to 3rd Legal Review of Traer Creek Plaza Condominium 8. Letter: To: Michael J. Repucci, Johnson & Repucci, LLP From: Eric Heil, Town Attorney Date: December 23, 2009 RE: 3rd Legal Review of Traer Creek Plaza condominium application 100114094 \ 2} 9. Letter: To: Eric Heil, Town Attorney From: Michael J. Repucci, Johnson & Repucci, LLP Date: November 23, 2009 RE: Traer Creek Plaza Condominium Map 10. Memo: To: Honorable Mayor and Town Council From: Justin Hildreth, Town Engineer/Matthew Gennett, Planning Manager Date: November 18, 2009 (memorandum date erroneously states November 12, 2010). Re: Resolution No. 09 -26, Denying the Condominium Map of Traer Creek Plaza, Lot 2, The Village (at Avon) Filing No. 1, Town of Avon, Eagle County, Colorado (101 Fawcett Road) 11. Memo: To: Honorable Mayor Wolfe & Town Council Members From: Eric Heil, Town Attorney Date: November 18, 2009 Re: Attachment A: Traer Creek Plaza: legal comments provided to Traer Creek Plaza, LLC, and the responses provided by Traer Creek Metropolitan District. 12. Resolution: Resolution No. 09 -39 From: Town Council Date: pending Re: Attachment B: A Resolution Denying the Condominium Map of Traer Creek Plaza, a Re- Subdivision of Lot 2, the Village at Avon Filing 1. 13. Condominium Plat: Condominium Map of Traer Creek Plaza Date: Pending Re: Attachment C. Parcel Description Lot 2, The Village (at Avon) Filing 1 14. Letter: To: Matthew Gennett, Planning Manager, Justin Hildreth, Town Engineer From: Michael Repucci, Johnson & Repucci, LLP Date: October 26, 2009 Re: Attachment D: Condominium Map of Traer Creek Plaza Exhibit 1: Letter: To: Mathew Gennett, Planning Manager From: Helaine Resnick Smith, Johnson & Repucci, LLP Date: August 25, 2008 Re: Condominium Map of Traer Creek Plaza 100114094 \ 2) Page 2 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 Exhibit 2: Letter: To: Helaine R. Smith, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: September 26, 2008 Re: Condominium Map of Traer Creek Plaza/outline remaining items that need to be resolved before Condominium Map of Traer Creek Plaza can be scheduled for Town Council approval. Exhibit 3: Letter: To: Matthew Gennett, Planning Manager; Justin Hildreth, Town Engineer From: Helaine Resnick Smith, Johnson & Repucci, LLP Date: December 4, 2008 Re: Revised Condominium Map of Traer Creek Plaza Exhibit 4: Letter: To: Justin Hildreth, Town Engineer From: McGeady Sisneros, P.C. Date: December 4, 2008 Re: Condominium Map of Traer Creek Plaza Exhibit S: Memo: To: Helaine Resnick Smith, Johnson & Repucci, LLP From: Matthew Gennett, Planning Manager Date: January 2, 2009 Re: Review Comments from Town of Avon regarding the subject plat application. Exhibit 6: Letter: To: Helaine R. Smith, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: January 2, 2009 Re: Letter in response to the December 4, 2008 revised submittal of the Condominium Map of Traer Creek Plaza Exhibit 7: Letter: To: Matthew Gennett, Planning Manager From: Eric Heil, Town Attorney Date: January 2, 2009 Re: Legal Comments on Traer Creek Condominium Subdivision Application 100114094 \ 2) Page 3 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 Exhibit 8: Letter: To: Helaine R Smith, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: January 7, 2009 Re: Response to December 4, 2008 revised submittal of the Condominium Map of Traer Creek Plaza. Exhibit 9: E -Mail: To: Matthew Gennett, Planning Manager From: Helaine R. Smith, Johnson & Repucci, LLP Date: April 23, 2009 Re: Recent Correspondence Exhibit 10: Letter: To: Matthew Gennett, Planning Manager From: Helaine R. Smith, Johnson & Repucci, LLP Date: June 15, 2009 Re: Condominium Map revised in accordance with Justin's letter dated January 7, 2009 Exhibit 11: Letter: To: Helaine R. Smith,, Johnson & Repucci, LLP From: Justin Hildreth, Town Engineer Date: August 03, 2009 Re: Response to June 15`", 2009 revised submittal of the Condominium Map of Traer Creek Plaza. Letter: To: Matt Gennett, Planning Manager From: Eric Heil, Town Attorney Re: Legal Comments on Traer Creek Plaza Condominium Application Date: July 24, 2009 Exhibit 12: Town Code Parking Requirements: Parking Spaces Required Exhibit 13: Letter: To: Eric Heil From: Darlene Sisneros, McGeady Sisneros, P.C. Date: October 26, 2009 Re: Traer Creek Plaza Condominium Subdivision Application/response to various points raised in the letter to Matt Gennett regarding Eric Heil's legal comments. 100114094 \ 2) Page 4 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 Exhibit 14: Parcel Information: From: Eagle County Assessors Tax Website Date: October 20, 2009 Re: Parcel Information On Traer Creek Plaza Exhibit 15: Title Insurance: From: Stewart Title Date: 1982 Re: Policy Issued according to terms of the Commitment. Provisions, Requirements, Exceptions, and Conditions 15. Traer Creek Plaza Condominium Map, submitted October 26, 2009 16. Declaration of Protective Covenants, Conditions, and Restrictions for Traer Creek Plaza Condominiums, submitted October 26, 2009. 17. Traer Creek Plaza Condominium Map, submitted June 15, 2009 18. Letter: To: Justin Hildreth, Town Engineer From: Darlene Sisneros, P.C. Date: December 4, 2008 Re: Condominium Map of Traer Creek Plaza: Correspondence Dated September 26, 2008 to Ms. Helaine R. Smith 19. Traer Creek Plaza Condominium Map, submitted December 4, 2008 20. Letter: To: Traer Creek Plaza LLC From: Lisa Jacoby, District Manager, Traer Creek Metropolitan District Date: November 03, 2008 Re: Incremental Cost Certification prepared by OAC Management, Inc. 21. Traer Creek Plaza, LLC Subdivision Application, received August 28, 2008, including: Letter: To: Matt Gennett From: Helaine Resnick Smith Date: August 25, 2008 Re: Condominium Map of Traer Creek Plaza 22. Traer Creek Plaza Condominium Map, submitted August 25, 2008 23. Parking Facility Easement Agreement, dated December 10, 2004 between Traer Creek -L2 LLC and Traer Creek Metropolitan District. 24. Development Agreement, dated December 1, 2004 between Traer Creek -L2 LLC and Traer Creek Metropolitan District. {00114094 \ 2) Page 5 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 25. Common Easement Agreement, dated December 1, 2004 between Traer Creek -L2 LLC and Traer Creek Metropolitan District. 26. Easements with Covenants and Restrictions Affecting Land ( "ECR "), dated April 24, 2002 between Wal -Mart Real Estate Business Trust, Home Depot, U.S.A., Inc., and Traer Creek LLC. 27. Resolution 01 -09 Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado, dated June 12, 2001. 28. Resolution 01 -33 Approving Final Plat and Subdivision Improvements Agreement for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado, dated November 13, 2001. 29. Annexation and Development Agreement, dated October 13, 1998, between EMD, LLC, PVRT NOTT I, LLC, PVRT NOTT II, LLC, PVRT NOTT III, LLC and the Town of Avon, and The Village (at Avon) PUD Guide, dated October 13, 1998, including all amendments to Annexation and Development Agreement and The Village (at Avon) PUD Guide. 30. The Village (at Avon) Filing 1, Amended Final Plat, dated 2004. 31. E -Mail Correspondence between town staff and the applicant. E -mail: To: Justin Hildreth From: Michael Lindholm Date: September 9, 2009 Re: Traer Creek Plaza Condo Application E -mail: To: Michael Lindholm From: Justin Hildreth Date: August 26, 2009 Re: Condo Application for Lot 2 E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: August 13, 2009 Re: Postponement of Town Council Hearing on Traer Creek Plaza Condominium Map E -mail: To: Justin Hildreth From: Eric Heil; Larry Brooks Date: August 13, 2009 Re: Postponement of Town Council Hearing on Traer Creek Plaza Condominium Map 100114094 \ 2 }Page 6 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 E -mail: To: Michael Lindholm From: Justin Hildreth; Matt Gennett Date: August 13, 2009 Re: Traer Creek Plaza- Traer Creek Metropolitan District Parking Structure E -mail: To: Justin Hildreth From: Helaine Resnick Smith Date: August 4, 2009 Re: 2009.08.04 Letter to Helaine R Smith.pdf - Adobe Acrobat Standard E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: July 30, 2009 Re: Traer Creek Plaza Condominium Map E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: July 21, 2009 Re: Traer Creek Plaza Condominium Map E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: July 14, 2009 Re: Traer Creek Plaza Condominium Map E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: July 6, 2009 Re: Traer Creek Plaza Condominium Map E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: June 24, 2009 Re: Traer Creek Plaza Declaration E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: June 17, 2009 Re: Traer Creek Plaza Condominium Map E -mail: To: Helaine Resnick Smith From: Justin Hildreth Date: June 16, 2009 Re: Correspondence received today attached 100114094 \ 2) Page 7 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 E -mail: To: Justin Hildreth From: Matt Gennett; Eric Heil; Eric Heidemann; Larry Brooks; Darlene Sisneros; Helaine Resnick Smith Date: January 7, 2009 Re: Revised Comment Letter E -mail: To: Helaine Resnick Smith From: Matt Gennett Date: December 31, 2008 Re: Traer Creek Plaza E -mail: To: Matt Gennett From: Justin Hildreth Date: December 31, 2008 Re: Traer Creek Plaza E -mail: To: Justin Hildreth From: Helaine Resnick Smith Date: September 26, 2008 Re: Attachment: Traer Creek Plaza Condo Map Comments.pdf 32. Notice of Default Letters from the Town of Avon sent to Traer Creek Metropolitan District. Letter:To: Darlene Sisneros From: Eric Heil Date: September 24, 2009 Re: Notice of Material Modification of Service Plan Letter: To: Darlene Sisneros; Traer Creek LLC; EMD Limited Liability Company From: Eric Heil Date: September 24, 2009 Re: Notice of Default of Annexation and Development Agreement; Construction of East Beaver Creek Boulevard Phase III Letter:To: Darlene Sisneros From: John W. Dunn Date: September 3, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter:To: Darlene Sisneros From: John W. Dunn Date: August 1, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company (00 114094 \ 2) Page 8 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 Letter: To: Darlene Sisneros From: John W. Dunn Date: July 1, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter: To: Darlene Sisneros From: John W. Dunn Date: June 2, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter: To: Darlene Sisneros From: John W. Dunn Date: May 1, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter: To: Darlene Sisneros From: John W. Dunn Date: April 1, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter: To: Darlene Sisneros From: John W. Dunn Date: February 4, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter: To: Darlene Sisneros From: John W. Dunn Date: January 4, 2008 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Letter: To: Darlene Sisneros From: John W. Dunn Date: December 3, 2007 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company (00 114094 \ 2) Page 9 of 10 Traer Creek Plaza, LLC Subdivision Application List of Documents, March 3, 2010 Letter: To: Darlene Sisneros From: John W. Dunn Date: November 8, 2007 Re: Annexation and Development Agreement between Town of Avon and EMD Limited Liability Company Traer Creek Plaza, LLC Subdivision Application List of Documents, P TOWN OF AVON, COLORADO AVON AVON WORK SESSION MEETING FOR TUESDAY, MARCH 23, 2010 , MEETING BEGINS AT 2:30 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 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."ON.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 2:30 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 2:30 PM — 2:45 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES Avon Council Meeting. 1 0.03.23.doc Page 1 of 3 a. Eagle County Multi -Party Land Exchange Update (Ron Wolfe, Mayor) b. Eagle Air Alliance Update (Amy Phillips, Councilor) c. Financial Matters Memo Only 2:45 PM — 3:30 PM 3. MULTI YEAR FINANCIAL MODEL PRESENTATION (Stan Bernstein, Bernstein & Associates, Scott Wright, Assistant Town Manager Finance) Review multi -year financial model for General Fund and Avon Urban Renewal Authority Fund, specifically the cash flow projections and key assumptions 3:30 PM — 4:30 PM 4. JOINT MEETING WITH EAGLE COUNTY BOARD OF COMMISSIONERS (Sara Fischer, Peter Runyon) Joint meeting to discuss items of mutual concern such as budget constraints, resource sharing ideas and transportation 4:30 PM — 4:45 PM 5. BRIEF BREAK 4:45 PM — 5:45 PM 6. JOINT MEETING WITH PLANNING & ZONING COMMISSION TO REVIEW DRAFT OF UNIFIED DEVELOPMENT CODE (Eric Heil, Town Attorney, Sally Vecchio, Assistant Town Manager Community Development) Review draft of Unified Development Code completed by Clarion Associates; review Zoning Advisory Committee's comments and recommendations 5:45 PM 7. ADJOURNMENT 5:45 PM - 6:00 PM 8. BRIEF BREAK Avon Council Meeting. 1 0.03.23.doc Page 1 of 3 FINANCIAL MATTERS March 23, 2010 1. YTD Building Revenue Report Actual vs Budget — February 2. Detail -Real Estate Transfer Taxes — December, February 3. Accommodations Tax Worksheet Actual vs Budget — January 4. Sales Tax Worksheet Actual vs Budget — December, January i \ ON m O O O W kO �O q m m 0 N w m O O O F m N D Ut H H .-i a W W ri zE f,' vow o00o er c v� wm QWj— w4, 0000 w d1 w C7 > f H H O m in w Ln in in a Os ID 00 N N N Cat mm owr�r r r r • w w m N O U) U) U) r-1 r-1 H N N N O 0 N W m m 00 00 m m m w F U) U1 00 O O U1 U1 U1 az - q W �Ln o00 � in W > mm HLn D w -41 w O W UtUt mmH r r r- 0 H N N N N N a' w � U) W H O N w U) 00 0000 O O O U) W 90 0000 O O - w 0 > O H N w N U in W E� - a O h a 0 z W N 0114 N > U) q U) U) U) O O O O U) U) Ln R C rn O F N N O O O O N N N D H a W F O4 H U) Ln O O U) U) U) O .Q W W r r H H m m m F o a U N N m m O O O 3 N Py. O W Ut F ] z W > G w � x r., a O H 00 0 0 0 0 0 0 0 U W o 0 0 0 0 0 o O o U C7 t l f 0 0 O O O O O O O O O O O O O O O O )4 W 0 0 0 0 0 0 O O O n) •!j o o O U1 U1 o O o O N F U) U) m N 11 l0 ID lD ri N N N v O N u U U) U) V El. U ro RC F > FO w o W o O F a I W W m w fFA a i rl Ul zq v W rs I O 3 U) El w (Fn �U)-I U; W E- U) v1[n >rw U) H . 0 U) I H F, W W W W U f~ 0 - E O q z X H 0 W C4 3 U z w H a W tau w tx X Ik [u W H H �4 a a W a' RC zH> o N 0 o ff F a w x x o> a q ooA qma H a u u H W w F O •• r4aa o zzq oxHaUl O qz aPZ wwiN I F'I ARC P WH vUI>IHO O � Nm Hw 'zawo aN I �w awU) z a F-- •• r4 P. W WF.] WU) 0a,(n Q F 9 zrm U U) zHRC I z 4 U W a w 1 1i O ••z A4 wFF W F a a w O a z z N o RC C7 O I U O r� F z a m m O H CQ W F H E, H W W q�OO �Ij C4 P Q W CA r•1I !yCn U`7 W U)rl Nm0 � [n W W O F RC W Cl 0 0 0 0 cD iQ .Q RC F£ ] U 1100 0 O F U N F F N N N F F F F U)4 wpw � H 0 0 QH aa4 < Ln E, nLnLno Town of Avon Real Estate Transfer Tax Calendar Year 2009 Total December Revenue 191,101.65 148,529.85 Total YTD Revenue Total 2009 Budget 1,103,503.06 661,677.34 825,000.00 650,000.00 Variance, Favorable (Unfavorable) $ 278,503.06 $ 11,677.34 $ The Gates at Purchaser Name Property Amount Received Riverfront PUD Beaver Creek Nov -09 $ 912,401.41 $ 513,147.49 $ Land Title Guarantee Falcon Pointe 308 -17 20.00 Title Comp Rockies Mtn. Vista 48 -09 179.90 Title Comp Rockies Mtn. Vista 49 -09 310.70 Title Comp Rockies Mtn. Vista 50 -09 1,276.95 Title Comp Rockies Mtn. Vista 51 -09 1,176.00 Title Comp Rockies Mtn. Vista 52 -09 798.00 Title Comp Rockies Mtn. Vista 1626 & 1628 -26 295.00 Title Comp Rockies Lakeside Terrace 51 -09 144.95 Mark, Kathy & Joshua Rumble Sunridge F -301 1,740.00 Penoxide LLC Avon Lake Viallas W -2 7,000.00 Bradley & Madonna Binkowski 114 Blue Flax Lot 10 Mtn. Star 72,000.00 Work Family US Trust 5201 Longsun Lane Lot 1 24,500.00 Douglas & Lisa Currey Lot 111 -E Blk 1 WR 24,000.00 David W. Larne Lot 69 -A Blk 4 WR 25,385.60 Ticor Title Ins Riverfront 48 -09 4,886.60 Ticor Title Ins Riverfront 49 -09 4,248.00 Ticor Title Ins Riverfront 50 -09 6,510.30 Ticor Title Ins Riverfront 51 -09 5,716.00 Chicago Title Christie Lodge 60.00 Title Comp Rockies Mtn. Vista 10 -01 634.00 Title Comp Rockies Mtn. Vista 1301 -35 1675.00 Title Comp Rockies Mtn. Vista 04 -10 2573.90 Title Comp Rockies Mtn. Vista 05 -10 $1,028.70 Title Comp Rockies Mtn. Vista 06 -10 $758.00 Title Comp Rockies Lakeside Terrace 10 -01 144.95 Mark Yare Benchmark B -19 2400.00 MED Wholesales LLC Seasons # 201 6000.00 Kristina & Ian Bruce Eaglebend B -16 $17,000.00 Ticor Title Ins Riverfront 52 -09 3,032.00 Ticor Title Ins Riverfront 01 -10 12,775.50 Ticor Title Ins Riverfront 02 -10 5,326.90 Ticor Title Ins Riverfront 03 -10 7,848.65 Ticor Title Ins Riverfront 04 -10 7,650.00 Martin G. Solomon Riverfront 251 27,000.00 Edward Lauber & Marsha Palanci Riverfront 308 16,440.00 Hogwild Holdings LLC Riverfront 548 17,400.00 Geroge & Kathleen Vonder Linden Riverfront 815 18,600.00 Ticor Title Riverfront 05 -10 7,044.90 Ticor Title Riverfront 06 -10 3,343.00 Ticor Title Riverfront 08 -10 708.00 Total December Revenue 191,101.65 148,529.85 Total YTD Revenue Total 2009 Budget 1,103,503.06 661,677.34 825,000.00 650,000.00 Variance, Favorable (Unfavorable) $ 278,503.06 $ 11,677.34 $ Purchaser Name Town of Avon Real Estate Transfer Tax Calendar Year 2010 Property Amount Received Riverfront PUD Jan -10 $ 77,245.00 $ 159,888.00 Heriatage Title Comp Christiel Lodge Timeshare 60.00 Land Title Guarantee Falcon Pointe 401 -13 60.00 Land Title Guarantee Falcon Pointe 408 -39 24.00 Title Comp Rockies Mtn. Vista 07 -10 199.00 Title Comp Rockies Mtn. Vista 08 -10 1,685.00 Resort Closings Mtn. Vista 1206 -32 10.02 Holiday Mtn. Vista 1522 & 1524 -45 28.00 Resort Closings Lakeside Terrace C 302 -8 140.00 Lucimari G. Rodman Avon Lake Villas V -1 3,600.00 Jeremy & Kerri Thelen Sunnyside @ Avon # 2 5,040.00 Kimberly Koch Lot 78 -B Blk 4 WR (3,200.00) Ticor Title Riverfront Timeshare 06 -10 6,384.80 Ticor Title Riverfront Timeshare 07 -10 13,766.00 Ticor Title Riverfront Timeshare 08 -10 4,347.40 Miguel Frontera Riverfront 146 7,410.00 Fowler Resort LLC Riverfront 202 14,340.00 Jospeh & Carla Vilasi Riverfront 205 11,700.00 Silzmark @ Vail Inc Riverfront 245 6,175.00 Gordon Kwok -On Chau & Grace Kit -Yee Fong Riverfront 302 14,640.00 Raymond Fong & Yue Li Chooi Riverfront 304 14,640.00 Hyperion Investments USA LLC Riverfront 309 19,140.00 Mitchell & Jane Imber Riverfront 322 5,330.00 J &E West LLC Riverfront 325 5,330.00 Mohsen & Sohail Malakouti Riverfront 343 6,565.00 Lowinger Sunset LLC & Lowinger Imperial LLC Riverfront 400 15,540.00 Westin 402 LLC Riverfront 402 14,940.00 Kivel Ventures LLC Riverfront 403 12,540.00 Betsy Heyman 2010 Trust Riverfront 404 14,940.00 Kipling & Jaime Kelley Riverfront 405 12,240.00 Gary & Hope Lesnik Riverfront 406 22,500.00 Malley Properties LLC Riverfront 412 5,525.00 Robert Kluginan & Alex Gray Riverfront 420 5,655.00 David Bloch Riverfront 425 5,525.00 Stephyanie Lien & Michael D'Urso Riverfront 427 5,525.00 Flora Bell & Craig Crea Riverfront 430 5,005.00 Mjichael McLain Riverfront 431 5,135.00 Charles Milne Jr. Riverfront 439 5,135.00 Charles Rieb Riverfront 515 17,520.00 Archipelago Partners LLC Riverfront 521 16,740.00 Mountain Huvi LLC Riverfront 522 5,785.00 Bruce & Janet Witter Riverfront 545 14,340.00 Avon Adventures LLC Riverfront 551 16,500.00 Sam Realty LLC Riverfront 614 5,915.00 Redsands Properties LLC Riverfront 721 18,300.00 Total February Revenue 7,646.02 355,073.20 Total YTD Revenue 84,891.02 514,961.20 Total 2010 Budget 1,000,000.00 1,091,798.00 Variance, Favorable (Unfavorable) $ (915,108.98) $ (576,836.80) 0) O O C O L N w E 0 0 0 N C O � O O O U N 0 O O N W W Y c Z ?� OD o N 0 V LL ONE Z O C O Q r"r � � Q U 0 n U o0 O O N 7 C o N V Q O O N O O O N \° Z \0 Z \0 \0 \° \° \0 \0 \0 \0 \ 0 0 0 0 0 0 0 0 0 0 0 0 0 (O 0 0 0 0 0 0 0 0 0 0 0 t0 O O O O O Co O O O O O O O m O O O O O O M O O O O O r r r r cq CR M M O O co 00 69 E9 Co N O O co m N O O 00 00 O O N N M — O O1 14' 0 t M 00 f.- r O M O O N O M CO (D 00 O 0 O N W Oo N CM M M (O n O M O O Cl O 0 M M N M �' M N N On O b9 b9 00 0 0 M O n M OD N N O) O Oo n 0 0 0 N M (O (O (D N n O— W N N (C It W h M 00 N LO V, CO O O N— O M O M f� N N O M M N w h 0 co r� M n N co o ri of o m of n W M N CM M N N N N 00 (N 69 69 O O O M CO n CO CO O M (D O M f, O O CM O O m N (U3 CO n n (MD O N 00 r (n0 0Oo N f- n w LO O n 0 0 Co N M M O (D M C6 (D Oo (O rl O O 00 O 69 69 N O M O M 7 O Co O N N O) M 't N M co M (O N O O N 4 O .4 .4 N N O O N O N M M M M O N r.- O N O) O. 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Town Manager — Finance Date: March 18, 2010 Re: Multi -year Financial Model Presentation Summary: Initials Stan Bernstein and Associates has been working with Town staff for several weeks on updating the Town's multi -year financial model for the General Fund, as well as a cash flow projection for the Avon Urban Renewal Authority's tax increment financing. These financial models are attached along with cover memorandums from Stan Bernstein explaining the key assumptions and information presented. In addition, a one page development analysis for the Riverfront PUD for the project of real estate transfer taxes is also attached without a cover memorandum. Stan will present a PowerPoint presentation to the Council on Tuesday highlighting the results of these models and his projections and answering any questions you may have. Town Manager Comments: Attachments: A — Stan Bernstein and Associates memorandum and multi -year financial model for TOA General Fund B — Stan Bernstein and Associates memorandum and cash flow projections for Avon Town Center West Tax Increment Financing C — Riverfront PUD RETT analysis Page 1 Stan Bernstein and Associates, Inc. Financial Planners and Consultants For Local Governments, Municipal Bond Underwriters, and Real Estate Developers 8400 East Prentice Ave., Penthouse Greenwood Village, Colorado 80111 Telephone: 303 - 409 -7611; Fax: 303 - 409 -7612; Email: stanplan @earthlinknet March 17, 2010 Avon Urban Renewal Authority Board of Directors Mr. Larry Brooks, Executive Director /Secretary, Mr. Scott Wright, Treasurer Dear Board Members, Mr. Brooks and Mr. Wright: Stan Bernstein and Associates, Inc. ( "SBA ") has compiled a cash flow projection with the objective of identifying how much excess URA cash would be available after payment of the annual debt service payments on the $7,200,000 Series 2009 Tax Increment Revenue Bonds based upon the following key assumptions. Incremental Assessed Valuation. The current certified incremental assessed valuation as of the January 1, 2009 Assessment Date is $17,517,540. Based upon discussions with the Eagle County Assessor's Office it appears reasonable to assume that the Incremental Assessed Valuation will increase to $17,828,435 as of the January 1, 2010 Assessment Date (as a result of additional value resulting from the completion of Phase I of the Fractional Ownership project which was 75% - 85% completed as of the January 1, 2009 Assessment Date). For financial modeling purposes, we have assumed that aggregate values within the Plan Area will decline 20% for tax collection year 2012 as a result of the 2011 reassessment process. This assumed 20% decline in assessed valuation could result in Incremental Assessed Valuation in the amount of $14,262,748 for tax collection year 2012. Based upon discussions with East West Partners, it is assumed that Phase H of the Fractional Ownership Project (79 condominium units) could be completed by December 31, 2013. Officials of East West have indicated that Phase II of the Fractional Ownership Project is likely to start construction when a 60 % -70% sellout rate occurs for the Phase I Fractional Ownership Project — at the current time sellout is approximately 40% sold out. The completion of Phase II of the Fractional Ownership Project is assumed to add approximately $5.35 million of Incremental Assessed Valuation resulting in $19,611,032 of total Incremental Assessed Valuation for tax collection year 2015. For conservative financial modeling purposes we have not assumed any construction after 2013, although East West Partners have indicated that if market conditions improve it is likely that approximately 101 whole ownership condominiums could be completed during 2 March 17, 2010 Page ii Incremental Assessed Valuation (continued) 2014 — 2016. The completion and sale of these units could result in the addition of approximately $12 million of incremental assessed valuation resulting in a total Incremental Assessed Valuation of approximately $31.6 million by tax collection year 2018. • Overlapping Mill Levies and Tax Increment Property Tax Revenues. Current certified mill levies overlapping the boundaries of the Tax Increment District total 56.969 and the Town has budgeted $959,179 in tax increment property tax revenues for 2010 (which includes $13,813 of interest earnings from the $552,525 debt service reserve fund which was established upon issuance of the Series 2009 Tax Increment Revenue Bonds). Based upon assumed future overlapping mill levies of approximately 54 mills, total Incremental Property Tax Revenues (including $13,813 of interest earnings) are projected as follows. Pledged Revenues For Debt Service $ 959,179 $ 955,172 $ 766,900 (20% Decline in Values) $ 766,900 $ 766,900 $1,049,295 (Phase II Fractional) • Annual Debt Service Requirements on Series 2009 $7.2 Million Tax Increment Bonds. The interest rate on the Series 2009 Tax Increment Revenue Bonds is reset on June 1 of every year based upon the One Year Libor Swap Rate plus 200 Basis Points. The interest rate for the current year ending May 31 is 4.25 %. Because the One Year Libor Swap Rate is currently under 1.00% (it is actually 0.87 %), for financial modeling purposes we are assuming a June 1, 2010 reset of the interest rate of 3.00 %. Assumed future interest rates, and related annual debt service requirements, are presented below. Year Incremental Year Assessed Value 2010 $17,517,540 2011 $17,828,435 2012 $14,262,748 2013 $14,262,748 2014 $14,262,748 2015 $19,611,032 Pledged Revenues For Debt Service $ 959,179 $ 955,172 $ 766,900 (20% Decline in Values) $ 766,900 $ 766,900 $1,049,295 (Phase II Fractional) • Annual Debt Service Requirements on Series 2009 $7.2 Million Tax Increment Bonds. The interest rate on the Series 2009 Tax Increment Revenue Bonds is reset on June 1 of every year based upon the One Year Libor Swap Rate plus 200 Basis Points. The interest rate for the current year ending May 31 is 4.25 %. Because the One Year Libor Swap Rate is currently under 1.00% (it is actually 0.87 %), for financial modeling purposes we are assuming a June 1, 2010 reset of the interest rate of 3.00 %. Assumed future interest rates, and related annual debt service requirements, are presented below. Year Interest Rate Interest Principal Total Debt Service 2010 3.60% $252,719 $250,000 $502,719 2011 3.50% $238,875 $260,000 $498,875 2012 4.00% $262,600 $270,000 $532,600 2013 4.25% $267,538 $280,000 $547,538 2014 4.25% $255,638 $295,000 $550,638 2015 4.25% $243,100 $305,000 $548,100 3 March 17, 2010 Page iii • Annual Tax Increment Revenues Available After Debt Service The following chart presents the projected annual Tax Increment Revenues after payment of annual debt service and administrative expenditures. These revenues would be available for Mall Maintenance or other uses Year 2010 2011 2012 2013 2014 2015 Pledged Revenues $ 959,179 $ 955,172 $ 766,900 $ 766,900 $ 766,900 $1,049,295 Debt Service and Adm. $ 517,722 $ 518,875 $ 552,600 $ 567,538 $ 570,638 $ 568,100 Excess Revenues $ 441,457 $ 436,297 $ 214,300 $ 199,362 $ 196,263 $ 481,195 In the event that the 2011 Reassessment results in a decline in property values within the boundaries of the tax increment district in excess of 20 %, the above projected Excess Revenues would be less than presented. Risk Factors As with any cash flow projection, there are inherent risks associated with predicting buildout rates, price points, project completion dates, etc. No attempt has been made to evaluate price point, or project value, risk. We have relied on the Developer of Riverfront Village for estimates of project completion and of sales prices, and have not independently reviewed or examined these assumptions. There is also the risk that average municipal interest rates (3.60% - 4.25 %) could exceed those assumed; and that such an increase could result in substantially higher debt service requirements than presented on Exhibit I. There are unique risks associated with URA Property Tax Increment supported Revenue Bonds. It is speculative to predict the individual overlapping governmental jurisdictions which will be levied during the next 25 years — for the most part we have assumed (based on discussions with current governmental officials) that mill levies will remain at close to current certified levels; to the extent that mill levies are reduced, Pledged Property Tax Revenues will also be reduced unless they are offset by inflationary assessed value increases. We have projected residential assessed values based upon a continuance of the 7.96% residential assessment rate although it is highly probable that this rate will decline in future years; while such a decline could result in a lower incremental assessed valuation, it is assumed that the current Property Tax Base assessed valuation will also decline so that the incremental assessed valuation above the Property Tax Base should not be impacted. Appraising and assessing properties within an urban renewal area is sometimes difficult March 17, 2009 Page iv and prone to errors at the County Assessor's Office level, and could result in less Pledged Property Tax Revenues that projected. Temporary reductions in incremental assessed valuation within the Plan Area could occur as a result of older properties being demolished, which could also result in less Pledged Property Tax Revenues than projected. Decreases in property values could also have a detrimental impact on Pledged Property Tax Revenues. And, as previously discussed, property values within the boundaries of the Plan Area could, and are likely to, decline which would result in a loss of Pledged Property Tax Revenues. Stan Bernstein and Associates, Inc. has assembled this Cash Flow Projection as they relate to the ability of the URA to generate the Pledged Property Tax Revenues sufficient to make the annual debt service requirements on the Series 2009 Bonds. We have relied on others for key assumptions regarding land use, scope of projects, values, completion of projects, costs of public infrastructure improvements, interest rates and future mill levy certifications, etc. We have not independently verified or evaluated these key assumptions, and consequently, disclaim any opinion regarding their achievability. Since future events are subject to uncertainty and variation, we do not vouch for the achievability of the information contained in the attached Exhibits and Schedules. Actual results are likely to vary, and may vary materially, from the results presented in this Cash Flow Projection and readers of this report should be aware of this possibility. Very truly yours, Stan Bernstein Stan Bernstein for the Firm Stan Bernstein and Associates, Inc. 5 -'�O mmI n 1 x ja zT 3 <Ln� Mrml mOzm! I z O i c121 O TO Coi m 003 0p m! 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Financial Planners and Consultants For Local Governments, Municipal Bond Underwriters, and Real Estate Developers 8400 East Prentice Ave., Penthouse Greenwood Village, Colorado 80111 Telephone: 303 - 409 -7611; Fax: 303 - 409 -7612; Email: stanplan @earthlinknet MEMORANDUM TO: Mr. Larry Brooks, Town Manager Mr. Scott Wright, Finance Director Mayor and Town Council FROM: Stan Bernstein, Amy Greer DATE: March 17, 2010 SUBJECT: Town of Avon Multi -Year Financial Model — General Fund — Draft 1 Attached for your review is a preliminary draft of the Town of Avon Multi -Year Financial Model that we have been working on these past few months. This model presents financial operations of only the General Fund. Key assumptions and information include: The General Fund revenues and expenditures reflect 2009 Unaudited information, and the Proposed Supplemental budget Amendment (per Scott's Memo dated March 3, 2010) which indicates a General Fund Balance as of December 31, 2010 in the amount of $7,001,832 (assuming Traer Creek Metropolitan District pays its (i) 2009 and 2010 "Payment In- Lieu -Of Sales Taxes in the amount of $1,332,382; and (ii) Charges for Municipal Services in the amount of $994,435). In the event that these payments are not collected from Traer Creek Metropolitan District during 2010, the General Fund balance as of December 31, 2010 is projected to be $4,675,015. • Detailed General Fund Revenue Assumptions (as presented and calculated on Exhibit IAA, page 3) have been revised to reflect current information — this Exhibit is very important because it forms the basis for projected future assessed valuation and related property tax revenues, sales taxes, accommodation taxes, and recreation amenity fees. 1. General Fund property tax revenues budgeted for 2010 are $2,196,915 based upon a certified General fund Mill levy of 8.956. This model assumes a 20% decline in assessed valuation for tax collection year 2012 (based upon property values as of June 30, 2010 compared to property values as of June 30, 2008). We believe this is not an unreasonable percentage decline to assume for financial planning purposes. If a 20% decline in assessed valuation does in fact occur, property tax revenues for tax collection I3 March 17, 2010 Page 2 of 4 year 2012 will decline by approximately $400,000 compared to the current year (i.e., from $2,196,915 in 2010 to $1,801,057), and this decline is reflected in the model. For tax collection year 2014 (and for every other year thereafter) slight increases in assessed valuations are assumed. 2. The Town's 4% Sales Tax revenues declined approximately 11.4% during 2009 compared to 2008 (i.e., from $5,732,281 in 2008 to $5,080,090 in 2009). This 11.4% decline was comprised of a 13.34% decline in sales tax revenues collected from retail, restaurant and bars, and other venders ($5,203,143 in 2008 to $4,509,094 in 2009); and a 7.91% increase in sales tax revenues collected from short term lodging rentals ($529,138 in 2008 to $570,996 in 2009). Scott's 2010 revised Sales Tax revenues assumes a 1.67% increase compared to 2009, which is comprised of a 18.77% increase in sales tax revenues collected from short-term lodging (as a result of increased rental activity at the River Front project); and a 0.49% decline in sales tax revenues collected from other venders. These appear to be reasonable estimates, although it is too early in the year to determine if these projections will prove to be accurate. For financial modeling purposes, we are projecting 2011 sales tax revenues to be relatively flat (i.e., approximately the same as 2010 estimates which are $5,164,965). Beginning in 2012 we are projecting 2% annual increases in sales tax revenues — which hopefully could be conservative pending national and economic conditions; and depending upon potential new construction activity at the River Front project (i.e., the future completion of Phase II of the 79 Unit Fractional Ownership project and East West's 101 whole ownership condominium project). 3. The Town's 4% Accommodation Tax is discussed above (4% Sales Tax collections generated from short-term lodging). It is interesting to understand that during 2007 (prior to the completion of the River Front project) the Town's 4% Accommodation Tax generated $454,920, and during 2010 is budgeted to generate $678,171— approximately a 49% increase compared to 2007. This increase is totally attributed to short-term rentals at the River Front project (although the success of the River Front rental program appears to have taken a toll on other short-term rental programs located within the Town — total short-term rentals totaled $12.1 million during 2007 (pre River Front) and totaled $8.4 million (excluding River Front) during 2009 (a decline of 30.5% in two years). One of the reasons that the Accommodation Tax revenues have increased so dramatically at the River Front project is because Phase I of the Fractional Ownership project is only 40% sold out as of this date, and consequently, the developers have 60% of this project available for short-term rentals. As Phase I sells out, fewer weeks will be available in the rental pool and this could have a negative impact on accommodation tax revenues (although when Phase I reaches 60 -70% sell out; then Phase II Fractional Ownership - 79 Units, East Building - will start construction and accommodation taxes will be generated !!�- March 17, 2010 Page 3 of 4 by Phase II during the sell -out period). 4. The Town's Recreation Amenity Fee revenues are estimated to be $175,000 during 2010 and are likely to increase to in excess of $200,000 by 2012 as Phase I Fractional Ownership units are sold to third parties. Once Phase II Fractional Ownership units are sold to third parties, approximately $380,000 of Recreation Amenity Fees could be generated (perhaps by 2015). Detailed General Fund Expenditure Assumptions are presented for each department on Exhibits IB and IB -5. For preliminary planning purposes I% average annual increases have been assumed for "Current Service Level" personnel and non - personnel expenditures — these assumptions can be easily changed. Certain budgets have been adjusted to reflect termination of existing equipment lease payments. In accordance with Scott's March 3, 2010 Memo (Proposed Supplemental Budget Amendment, page 3), for 2011 we have reduced Winter Transit Operations by $146,000 as a result of scaling back winter bus hours; and eliminated $42,500 of funding for the Beaver Creek Mountain Express. We have also eliminated $58,000 of non - profit funding (Community Relations Budget) — this model assumes these reductions are not reinstated. Row 56 — Excess Annual Revenues over Expenditures — indicates close to $900,000 annual surplus projected during 2010 and $1.25 million during 2011. These annual surpluses are budgeted in case Traer Creek Metropolitan District does not pay its obligations during those years. During years 2012 and 2013, however, annual surpluses average only $863,000 because of the projected loss of $400,000 of annual property tax revenues (as a result of the 2011 reassessment) during those years. Year 2014 and 2015 annual surpluses exceed $1.0 million. Row 60 presents the cumulative General Fund Surpluses (Fund Balances) which increase from $6.1 million at the end of 2009 to $12.2 million by the end of 2015 assuming Traer Creek Metropolitan District pays all of its delinquent, current, and future obligations. Row 62 assumes a worst case cumulative fund balance scenario — one where Traer Creek does not pay any of its obligations — and fund balances decrease from $6.1 million at the end of 2009 to $4.1 million by the end of 2015 (approximately $442,000 under the Targeted fund balance (calculated at 35% of General Fund Expenditures and Transfers). I think we have a good start here in terms of developing a Comprehensive Multi -Year Model that can be used by the Town for long -range financial planning purposes. In this economic environment it is very difficult to project revenues. 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The Zoning Advisory Committee ( "ZAC ") has completed its review of the document and has submitted its advisory comments and recommendations to the Town Council and PZC. A schedule for completing the public review process is provided herein, along with a brief summary of the key policy issues that have emerged during this initial drafting stage of the Code. Previous Council Actions • On August 26, 2008, the Council awarded a contract to Clarion & Associates, a Colorado based planning consultant firm to prepare a unified land use code that consolidated Title 16 Subdivisions and Title 17 Zoning of the Avon Municipal Code. • In November 2008 the Council appointed a zoning advisory committee for the purpose of reviewing the draft Code prior to the public review process. • In February 2009 Clarion presented to Council the Unified Land Use Code Diagnosis and Annotated Outline which identified eight issues with the existing land use regulations and a proposed framework for the proposed revisions. A copy of the Draft Development Code, Summary of ZAC Comments and the Unified Land Use Code Diagnosis and Annotated Outline are included in a Development Code Notebook provided to the Town Council and PZC with this memorandum. Key Policy Issues During the drafting process of the Code several policy issues emerged which are important to raise with the Town Council and PZC as the public review of the Code begins. 1. Design Standards An important addition to the town's zoning regulations proposed by Clarion is the inclusion of Development Standards. The Development Standard establish minimum requirements for landscaping, open space, parking, pedestrian connectivity, natural resource protection, sustainability and design. The design standards are included in the Development Standards and elaborate on the concepts and requirements established in the Design Guidelines and the Comprehensive Plan. The design standards include requirements for building orientation, materials and colors, building articulation and scale. The standards are less about architectural style and more about maintaining or creating the type of development patterns that promote the type of site and building characteristics that the Town desires. Moving the design standards from the Design Guidelines and Comprehensive Plan to the Code and not subjecting them to easy waiver will require discussion by the PZC and Council. A new procedure, called "Alternative Equivalent Compliance" has also been proposed by Clarion and would allow limited deviations from the strict application of certain development and design standards where alternative design meets or exceeds the minimum standards. The alternative equivalent compliance procedure is not intended to allow variance without hardship and will require attention and discussion by the PZC and Town Council. Another new procedure proposed by Clarion is Development Plan Review which establishes an administrative procedure for review of basic site design standards. 2. Sustainability Standards In response to direction provided during the diagnosis process, Clarion proposed sustainability standards that would encourage sustainable site design, specific construction practices and materials. It is a flexible point- system approach that would allow a developer to select from a menu of sustainable choices for individual projects. ZAC reviewed the regulations and concluded that most of the standards are building code related and should not be included in the zoning code. PZC and Council should consider whether the proposed standards adequately address sustainable site development. 3. Town Center Zoning and Bonus Density Program Under the new Code provisions, Town Center lots have been assigned by -right density that is consistent with existing development density in Town Center but below the densities recommended in Town planning documents. A developer can increase allowable lot density in exchange for providing a public benefit. The Town Attorney has proposed formulas for calculating specific density allotments with the intention of creating predictable criteria by which to grant bonus density. Bonus density would continue to be granted at the discretion of the Council. Alternatively, the Town could rezone Town Center lots with the higher densities recommended in the Comprehensive Plan and do with away with the bonus density program altogether. Development impacts related to affordable housing and transportation would then be mitigated by impact fees or other exactions assessed against the development. The benefits and consequences of each approach should be discussed by Council and PZC. 4. Parking in Town Center The Town's parking requirements may inhibit higher density mixed use projects in Town Center. The parking requirements could be further reduced for shared or mixed use projects or the Council could consider a Parking District Overlay District which would allow developers in Town Center to make cash -in -lieu payments to the Town for the development off -site shared parking facilities. Public Review Schedule Adoption of the Land Use Code requires one public hearing conducted by the PZC and two public hearings by the Town Council. After the second public hearing the Council will consider adoption of the Code. The PZC will begin its review of the Code in April and can reasonably be expected to conclude its review in June, including a public hearing. The Council can begin its review of the Code in July after receiving advisory comments and recommendations from the PZC. Recommendation The public review draft of the Land Development Code is a working draft which will undergo additional revisions during the public review process as more issues are discovered and additional; policy direction is provided by the Council and Planning Commission. Although the Subdivision Regulations are included in the Unified Code, the numbering system for this chapter has not yet been codified. Staff recommends that Council and PZC commence review the draft Unified Development Code pursuant to the proposed review schedule. Managers Comments: