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TC Council Packet 07-27-2010TOWN OF AVON,, COLORADO AVON AVON REGULAR MEETING FOR TUESDAY, JULY 27, 2010 MEETING BEGINS AT 6:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT 6. CONSENT AGENDA a. Minutes from July 13, 2010 b. Change Order 001 to the contract with Elam Construction for the 2010 Street Improvements Project - This change order reconciles changes in material quantities (Shane Pegram, PE Engineer II) 6. ORDINANCES a. Public Hearing on Ordinance No. 10 -11, Series of 2010, Second Reading, Ordinance Amending Chapter 5.12 of the Avon Municipal Code Concerning Booting Regulations (Eric Heil, Town Attorney) Proposed amendments include requiring parking enforcement companies to accept payment by credit card and to include a phone # for the property Owner /Manager who authorized vehicle impoundment b. Public Hearing on Ordinance No. 10 -12, Series of 2010, Second Reading, Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property (Eric Heil, Town Attorney) Amending the Municipal code to prohibit medical marijuana business use of property c. Public Hearing on Ordinance No. 10 -14, Series of 2010, First Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel (Sally Vecchio, Asst Town Manager Community Development, Eric Heil, Town Attorney) Review proposed Development Code as adopted by the Planning & Zoning Commission d. Public Hearing on Emergency Ordinance No. 10 -15, Series of 2010, First and Final Reading, An Emergency Ordinance Amending the Avon Municipal Code by Repealing Sections 17.12.040(b) and 17.28.090 and Enacting Section 17.28.025 (Eric Heil, Town Attorney) Review of the effect of the existing zoning regulations and the proposed Development Code on pending and approved applications, and addresses a supplemental recommendation from P &Z Commission Avon Council Meeting. I 0.07.27.doc Page 2 of 3 TOWN OF AvON, COLORADO AVON REGULAR MEETING FOR TUESDAY, JULY 27, 2010 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 7. NEW BUSINESS a. Agreement with Eagle County for use of Radios and Radio Services (Bob Ticer, Police Chief) Review of new agreement for use of radios and radio services with Eagle County b. Public Hearing for Amplified Sound Permits: 1. Applicant Name: David Wieder Event Name: BecTri Event Event Date: August 8, 2010 Amplified Sound Times: 7:45 AM until 2 Pm 2. Applicant Name: Frank Osurio Event Name: American Crown Circus Event Date: August 13, 14, 15, 2010 Amplified Sound times: Fri. / Sat. 5 pm until 8 pm; Sun. 4 pm until 6 pm 8. TOWN MANAGER REPORT 9. TOWN ATTORNEY REPORT 10. MAYOR REPORT 11. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: AUGUST 10T ": IGA for Election, URA Meeting for Updated Financial Projections & Main Street, Bond Financing Updates AUGUST 27T ": Budget 2011: Review Revenue, Fleet and Transit Programs Avon Council Meeting.10.07.27.doc Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 13, 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 6 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Recreation Director Meryl Jacobs, Community Relations Officer Jaime Walker as well as members of the public. AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Mayor Wolfe suggested the following changes to the agenda: • Include Staff & Council updates as Unfinished Business since they were not discussed at the earlier work session Mayor Pro Tern Sipes noted he would step down during the "Walkable Mountain School' request for water rights which is listed under New Business. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Comments and questions were heard on several of the consent items; both engineers Shane Pegram and Jeff Schneider answered questions about the projects. Mayor Pro Tem Sipes moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously: a. Minutes from June 22, 2010 b. Change Order 002 Nottingham Fishing Pier Construction Contract with Thrasher LLC to Account for Additional Work (Shane Pegram, Engineer II) Change order accounts for additional work that was not included in the original contract c. Resolution 10 -17, A Resolution Approving a Supplemental Agreement revising the Pipeline Crossing Agreement with Union Pacific Railroad at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project (Jeff Schneider, Project Engineer) d. Change Order 01 Community Heat Recovery Project to GE Johnson Construction Company contract (Jeff Schneider, Project Engineer) Change Order 1 to the construction contract with GE Johnson Construction Company for the Avon Community Heat Recovery Project e. Resolution No. 10 -18, Series of 2010, Resolution Authorizing the Town of Avon to Participate in the Coordinated Election on November 2, 2010 UNFINISHED BUSINESS Dave Dantas presented a review of the Harry A. Nottingham Park Pavilion Update. Several comments were suggested in light of trying to move the project forward as follows: • $200K of Community Enhancement Funds budgeted for the $300K costs of constructing the project • Purpose of pavilion is to add vibrancy to the park, goal to stimulate the local economy, and answer a number one priority identified in the community survey • Need to take the project to the citizenry & community, some banks have been contacted, but the project really needs a coordinated effort • To complete the project by 2015 when the championships are in Beaver Creek would be ideal • Possibly using a naming sponsorship venue in order to raise funds • Create a new model for how community facilities are built, possibly create a "community fund" to act as a central funding source for public private partnerships • Would need to identify how to fund the ongoing maintenance of the new facility • Support the effort to go out for bid on the construction • Need to draft a model that would address the financial approach to building the project • Must be careful in overextending the town's financial means with the construction of projects In summary, there was council support and direction to obtain bids for the park pavilion construction at this time, and with a message that the town hopes to complete the project but it is dependent on fundraising success. Sally Vecchio, Assistant Town Manager, Community Development, presented the Outdoor Lighting Ordinance Compliance Update. It was noted that the ordinance was adopted in 2004 and a breakdown of compliance by area of town was provided. Some discussion ensued about how to reach the property owners about non compliance; Community Development would continue trying to reach residents about the requirements. ORDINANCES Councilor Reynolds left the meeting at this time. Eric Heil, Town Attorney, presented Ordinance No. 10 -11, Series of 2010, First Reading, Ordinance Amending Chapter 5.12 Of The Avon Municipal Code Concerning Booting Regulations. He noted that the proposed amendments included the following: • require parking enforcement companies to accept payment by credit card • include a phone # for the property Owner /Manager who authorized vehicle impoundment Councilor Phillips noted that she did not support the use of credit cards as a form of payment as it is not a legitimate means of payment and uses a another private party in order to complete the transaction. Councilor Carroll moved to approve Ordinance No. 10 -11, Series of 2010, First Reading, Ordinance Amending Chapter 5.12 Of The Avon Municipal Code Concerning Booting Regulations. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. It was noted that a public hearing would be held on July 27, 2010. Eric Heil, Town Attorney, presented Ordinance No. 10 -12, Series of 2010, First Reading, Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property. He noted that the ordinance Amends the Municipal code to prohibit medical marijuana business use of property. After some brief discussion, Mayor Pro Tern Sipes moved to approve Ordinance No. 10 -12, Series of 2010, First Reading, Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property. Councilor Carroll seconded the motion and it passed unanimously. It was noted that a public hearing would be held on July 27, 2010. NEW BUSINESS Jenny Strehler, Director PW &T, presented an update on Town wide Compliance with Ordinance No 10 -06, Series of 2010, Ordinance Enacting Weed Control Regulations. She reviewed the noxious weed list and noted the properties in violation of the ordinance. Staff would continue to monitor the situation for compliance and pursue the means allowed for by the ordinance to get property owners to comply. Regular Council Meeting Page 2 of 3 10.07.13.doc Mayor Pro Tern Sipes stepped down at this time due to a conflict of interest. Justin Hildreth, Town Engineer, presented a request from the "Walking Mountains School" (formerly Gore Range Natural Science School) for a Diversion of Water from Buck Creek to use town's water rights for private property ground irrigation. It was suggested that there would need to be some type of revocable license / lease agreement that would be unique with the school (and not run with the property) that would outline the program and related costs. The Town Council supported the request and staff was directed to draft in an agreement a formal arrangement. TOWN MANAGER REPORT Larry Brooks, Town Manager, provided an update on the town's appearance before the Colorado Water Quality Commission at the hearing where input was taking on the extension of temporary modifications on upper Colorado water quality standards. EXECUTIVE SESSION Mayor Pro Tern Sipes moved to convene into an Executive Session at 8:05 PM to discuss the following matters as outlined on the Executive Session agenda and were not discussed earlier in the day; Councilor Carroll seconded the motion and it passed unanimously. b. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6 - 402(4)(b) discussion related to potential acquisition of real estate pursuant to Colorado Revised Statute §24- 6- 402(4)(a) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) specifically related to the U.S. Forest Service Multi Party Land Exchange c. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6 - 402(4)(b), developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d), and for the discussion of potential transfer of real property pursuant to Colorado Revised Statute §24- 6- 402(4)(a) specifically related to the Upper Eagle River Water Authority Avon water treatment plant site d. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to pending litigation and settlement discussions regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 Councilor Ferraro moved to convene to the Regular Meeting at 9:15 pm; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. There being no further business to come before the Council, the regular meeting adjourned at 9:15 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 3 of 3 10.07.13.doc Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Engineer II Date: July 20, 2010 Re: Change Order 001 — 2010 Street Improvements Summary: Elam Construction, Inc. has completed the 2010 Street Improvements Project. Change Order 001 (Exhibit A) is proposed to account for final adjustments to bid quantities and additional work that Town of Avon engineering staff directed the contractor to complete on the Town Hall parking lot and East Benchmark Road. The additional work is for items that were not included in the bid documents. Previous Council Action: The construction contract for the 2010 Street Improvements was awarded to Elam Construction, Inc. on April 27, 2010. Discussion: The 2010 Street Improvements contract with Elam Construction, Inc. is comprised of two distinct scopes: 1. Asphalt milling, asiphalt overlay, sidewalk and sidewalk ramp replacement in the Town Hall West and Police parking lot. 2. Sidewalk, curb and gutter, and crosswalk repair on East Benchmark. Change Order 001, items 1 thru 12, reconciles the as -built quantities with bid quantities. Delivery/Batch tickets and field measured as -built conditions were used to calculate final adjustments to original bid quantities. As -Built quantities were verified by Town of Avon engineering staff. Change Order 001, items 13 thru 17, lists additional work that was not included in the original contract. This work includes repair of asphalt cracks and a rip rap drainage channel, and additional detail milling around garage doors at the Town Hall parking lot. Geogrid stabilization and repair of a sidewalk chase on East Benchmark Road is also included. Financial Implications: The contract with Elam Construction, Inc. is funded via the Capital Improvement Program's 2010 Street Improvement budget, for which $200,000 is appropriated. The project budget is shown in Table 1 below: Table 1: Project Budget Line Item Original Budget Proposed Budget Elam Construction Contract $126,606 $126,606 Change Order 001 - - -- $ 7,454 Contract Administration $ 20,000 $ 20,000 Contingencies $ 53,394 $ 45,940 Total $ 200,000 $ 200,000 July 20, 2010 Change Order 001 — 2010 Street Improvements Recommendation: Approve Change Order 001 for a $7,453.77 increase to the 2010 Street Improvement contract with Elam Construction, Inc. Town Manager Comments: NOTES: Exhibit A — Change Order 001 • Page 2 EXHIBIT A CHANGE ORDER Order No.: 001 Date: July 20 2010 Agreement Date: _May 3, 2009 NAME OF PROJECT: 2010 Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Item Item Description Bid uanti Change Order Unit Unit Price CO Amount 001 Bid Quantity Adjustment Section I - Town Hall West Parking and Police Parking 1. 2.1 Sawcut Existing Asphalt 200 113 LF 1.25 141.25 2. 2.3 Full Depth Asphalt Removal 2,000 (41) SF 1.00 (41.00) 3. 2.4 12" Excavation 75 (75) CY 21.00 (1575.00) 4. 3.1 Asphaltic Concrete 2" Overlay 385 (22.33) TON 87.00 (1942.71) 5. 3.2 12" Class 6 Rd Base 75 (75) CY 68.00 (5,100.00) 6. 3.3 4" Full Depth Asphalt 50 37.65 TON 96.50 3,633.23 7. 4.2 Class 6 Roadbase Bedding Material 6 8.47 CY 60.00 508.20 Section II - East Benchmark Crosswalks 8. 2.1 18" Excavation 75 29.4 CY 28.00 823.20 9. 2.3 Remove Existing Concrete 750 528 SF 2.00 1056.00 10. 3.1 18" Class 6 Roadbase 75 29.4 CY 55.00 1,617.00 11. 3.2 Full Depth Asphalt 36 38.26 TON 110.00 4,208.60 12. 3.6 3" of Ashpalt placed in crosswalk 4.5 (28) TON 225.00 (1012.5) Quantity Adjustment Subtotal 2,316.27 CO -1 Item Item Description Bid Ouantity Change Order Unit Unit Price CO Amount 001 Additional Work Section I — Town Hall West Parking and Police Parking 13. Repair Rip Rap Channel 3 HR 202.50 607.50 14. Detail Milling at Garage Door 5 HR 310.00 1550.00 15. Petrotac Fabric 200 LF 5.00 1000.00 Section II — East Benchmark Crosswalks 16. Geogrid Stabilization Fabric 140 SY 12.00 1680.00 17. Sidewalk Chase Drain Repair 1 LS 300.00 300.00 Additional Work Subtotal 5,137.50 Total $7,453.77 Justification: Change Order 001, items 1 thru 12, reconciles the as -built quantities with bid quantities. Delivery/Batch tickets and field measured as -built conditions were used to calculate final adjustments to original bid quantities. As -Built quantities were verified by Town of Avon engineering staff. Change Order 001, items 13 thru 17, lists additional work that was not included in the original contract. This work includes repair of asphalt cracks and a rip rap drainage channel, and additional detail milling around garage doors at the Town Hall parking lot. Geogrid stabilization and repair of a sidewalk chase on East Benchmark Road is also included. Change to CONTRACT PRICE: $7,453.77 Original CONTRACT PRICE: $126,605.50 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A The CONTRACT PRICE due to this CHANGE ORDER will be decreased by: $7,453.77 The new CONTRACT PRICE including this CHANGE ORDER will be $134,059.27 Change to CONTRACT TIME: N/A APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 22, 2010 SUBJECT: Second Reading of Ordinance No. 10 -11 Amending Booting Regulations Summary: Ordinance No. 10 -11 amends Chapter 5.12 Vehicle Impoundment to incorporate direction by the Town Council concerning vehicle booting practices. Background: Town Council held a public hearing on June 8, 2010 concerning a one year review of the booting regulations. Town Council passed first reading of Ordinance No. 10 -11 on July 13, 2010. A public hearing must be held on second reading pursuant to the Avon Home Rule Charter. Amendments: The proposed amendments in Ordinance No. 10 -11 include: (1) a amendment to require parking enforcement companies to accept payment by credit card; and (2) a requirement to include the telephone number of the property owner or property manager who authorized vehicle impoundment on the notice that is placed on the booted vehicle. The language of each amendment is set forth as follows: First amendment: 5.12.080(4)e. The parking enforcement company shall accept Payment by credit card of the boot removal fee in addition to accepting payment in cash or by other means. The parking enforcement company shall obtain, carry and maintain in working order such portable credit card payment equipment as may be necessary to accept payment by credit card at the location of the placement and removal of a boot. Second Amendment: 1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name, address, telephone number, and license number of the parking enforcement company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the parking enforcement company, the name and telephone number of the property owner or manager authorizing the boot, the signature of the parking enforcement company operator or designee, and a description of the right to request a post- seizure hearing under this Chapter 5.12 Proposed Motion: "I move to approve second and final reading of Ordinance No. 10- 11 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE CONCERNING BOOTING REGULATIONS" Thanks, Eric Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil @avon.org TOWN OF AVON, COLORADO ORDINANCE NO. 10 -11 SERIES OF 2010 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE CONCERNING BOOTING REGULATIONS WHEREAS, the Avon Town Council adopted Ordinance No. 09 -10 which enacted regulations concerning booting of vehicles on private property and the Town of Avon recently reviewed various aspects of existing booting regulations to determine if amendments would improve the effectiveness of booting regulations; and WHEREAS, the use of booting by private parking enforcement companies is not currently regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the State of Colorado has issued an advisory opinion that booting of a vehicle by a private party without the consent of the vehicle owner constitutes Second Degree Criminal Tampering pursuant to C.R.S. §18 -4 -506 and criminal motor vehicle tampering pursuant to C.R.S. §42 -5 -03; and WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule powers of the Town of Avon (the "Town "), the Town Council has the power to adopt ordinances for promotion and preservation of public health, safety, and welfare, including the authority to regulate parking enforcement companies that immobilize and boot motor vehicles without the consent of the owner of the motor vehicle within the municipal limits of the Town; and WHEREAS, the Town Council finds that amendment of regulations that license and permit parking enforcement companies and permit the limited use of immobilization and booting of motor vehicles will enhance the ability of private property owners to enforce parking regulations on their property, which will thereby improve the function of private parking areas and compliance with parking requirements for developed properties as approved and regulated by the Town under the Town's land use regulations, and therefore the Town Council finds that passage of this Ordinance will promote and preserve the health, safety and welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. SECTION 2. SECTION 5.12.080 AMENDED. The Avon Municipal Code, Section 5.12.080 Rules and Regulations, subsection (4) is hereby amended to enact the following additional language: "5.12.080(4)e. The parking enforcement company shall accept payment by credit card of the boot removal fee in addition to accepting payment in cash or by other means. The parking enforcement company shall obtain, carry and maintain in working order such portable credit card payment equipment as may be necessary to accept payment by credit card at the location of the placement and removal of a boot." SECTION 3. SECTION 5.12.110 AMENDED. The Avon Municipal Code, Section 5.12.110 Written notice of tow /immobilization rates and hours. sub - section (b)(1) is hereby amended by repealing 5.12.110(b)(1) in its entirety and reenacting it to read as follows: "(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name, address, telephone number, and license number of the parking enforcement company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the parking enforcement company, the name and telephone number of the property owner or manager authorizing the boot, the signature of the parking enforcement company operator or designee, and a description of the right to request a post- seizure hearing under this Chapter 5.12;" SECTION 4. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance, such corrections may include spelling, reference, citation, enumeration, and grammatical errors. SECTION 5. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Page 2 of 4 Amendments to Booting Regulations 7 -7 -10 SECTION 7. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 8. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits or proceedings, or prosecutions imposing, inflicting or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings and appeals pending before any court or administrative tribunal. SECTION 9. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentional left blank — signature page follows] Page 3 of 4 Amendments to Booting Regulations 7 -7 -10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 27th day of July, 2010, at the Council Chambers of the Avon Municipal Building, located at 400 Benchmark Road, Avon, Colorado, on the 13th day of July, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 27th day of July, 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 Amendments to Booting Regulations 7 -7 -10 HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 6, 2010 SUBJECT: Ordinance No. 10 -12 Prohibiting Medical Marijuana Summary: Ordinance No. 10 -12 amends the Avon Municipal Code to (1) prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by medical marijuana patients. Town Council passed the first reading of Ordinance No. 10 -12 on July 13, 2010. The ordinance was referred to the Planning and Zoning Commission as required for amendments to text of the zoning code. The Planning and Zoning Commission conducted a public hearing and adopted a recommendation, which is discussed below. Background: Town Council enacted a 200 day moratorium on issuing any permits or licenses for medical marijuana dispensaries by the passage of Ordinance No. 10 -01. The moratorium imposed by Ordinance No. 10 -01 expires on August 8, 2010. The Colorado Medical Marijuana Code was adopted in the last legislative session and became effective on July 1, 2010. The Colorado Medical Marijuana Code imposes a moratorium by the state on issuing licenses for Medical Marijuana Centers and Medical Marijuana- Infused Products Manufacturers until July 1, 2011. The Town Council previously provided direction to prepare an ordinance prohibiting medical marijuana businesses in the Town of Avon in response to the adoption of the Colorado Medical Marijuana Code. The Colorado Medical Marijuana Code includes a "local option" provision whereby a majority of the local governing body may vote to prohibit medical marijuana businesses. Legal Analysis: This ordinance defines Medical Marijuana Business broadly to encompass the definitions of "Medical Marijuana Center," "Medical Marijuana Infused Products Manufacturer," and "Optional Premises" as defined in the Colorado Medical Marijuana Code as well as include any use of property for cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, whether for profit or not - for - profit. Ordinance No. 10 -12 prohibits the issuance of a business licenses for medical marijuana related business and prohibits the use of land for a medical marijuana related business. Amendments to Chapter 9.16 provide that compliance with state licensing requirements is an affirmative defense for possession and use of medical marijuana by medical marijuana patients. This ordinance must be referred to the Planning and Zoning Commission because the ordinance proposes to amend the text of Title 17 Zoning of the Avon Municipal Code. Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel, 303.975.6120 Denver, CO 80202 eheil@avon.org Town Council RE: Ordinance No. 10 -12 Prohibiting Medical Marijuana Businesses July 22, 2010 Page 2 of 2 The exemption in 9.16 for Offenses against Public Peace is expanded to include the "primary care - giver" as well as "medical marijuana patient" to reflect the language in the Colorado Constitution. Colorado Constitution Article XVIII, §14. (4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful: (I) No more than two ounces of a usable form of marijuana; and (II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. (b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care -giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition. (5) (a) No patient shall: (I) Engage in the medical use of marijuana in a way that endangers the health or well- being of any person; or (II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission conducted a public hearing with regard to the text amendments to the zoning code. One public comment was received, which the draft minutes stated as follows: "Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation being provided from the Town Staff. He stated that if the PZC feels that Medical Marijuana is appropriate in Town then the PZC has the opportunity to make that know at this time." The Planning and Zoning Commission took action to provide the following recommendation: "The Planning and Zoning Commission takes no position with regard to the Town Council Ordinance 10 -12, series of 2010, noting that Sections 5, 6, and 7 provide manageable language related to Title 17." Proposed Motion: "I move to approve second and final reading of Ordinance No. 10- 12 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS Thanks, Eric TOWN OF AVON, COLORADO ORDINANCE 10 -12 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Colorado Revised Statute §12- 43.3 -106 provides that the majority of the members of a governing board for a municipality may vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufactures' licenses; and WHEREAS, the Town Council finds that the regulation of land use is a matter of local concern; and WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on July 20, 2010, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before taking action to make a recommendation to the Town Council; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, the majority of the members of the Avon Town Council have voted to approve this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord 2010 -12 Medical Marijuana Business Page I of 5 7 -22 -10 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 5.04 Business Registration. Section 5.04.025 Lawful Business — Denial — Revocation - Appeal of the Avon Municipal Code is hereby enacted to read as follows: "5.04.025 Lawful Business — Denial — Revocation - Appeal. The Town Clerk shall reject any business registration, reject a business registration annual update or revoke a business registration if the business or use of the property which the business occupies is not in compliance with all applicable laws, including local, state and federal laws. The business owner ( "Appellant ") may appeal the decision of the Town Clerk to the Town Council. The Appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Clerk, or designee, to deny or revoke a business registration. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Clerk's decision shall bar any further consideration of the application, shall bar any appeal to the Town Council, and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty -five (45) days after the date of receipt. The Town shall provide at least three (3) days prior notice to the Appellant stating the date, time and location where the Town Council will consider the appeal. The decision of the Town Council shall be in writing." Section 3. Amendment to Chapter 5.04 Business Registration. Section 5.04.045 Medical Marijuana Business Prohibited of the Avon Municipal Code is hereby enacted to read as follows: "5.04.045 Medical Marijuana Business Prohibited. Medical Marijuana Business, as defined in Section 17.08.517 of this Code and as may be amended or re- codified, is prohibited and unlawful in the Town of Avon." Section 4. Amendment to Chapter 9.16 Offenses Against Public Peace. Section 9.16.070 of Chapter 9.16 Offenses Against Public Peace. of the Avon Municipal Code is amended by repealing and re- enacting Section 9.16.070 in its entirety to read as follows: "It is unlawful for any person to possess, use or attempt to obtain or procure cannabis. Notwithstanding the foregoing, it shall not be unlawful and it shall be an affirmative defense to criminal prosecution under this section for a medical marijuana patient or primary care - giver, as defined in section 14 of article XVIII of the state constitution, to possess, use, and obtain medical marijuana, when such Ord 2010 -12 Medical Marijuana Business Page 2 of 5 7 -22 -10 medical marijuana patient or primary care-give is fully and currently compliant with all applicable state laws, regulations, and licensing requirements concerning medical marijuana,ie*ts provided that such possession or use is not displayed publicly or in a manner which can be seen by the general public, that sue use does not occur on property owned or possessed by the Town, and_ that sueh use does not occur upon property without permission of the property owner." Section 5. Amendment to Chanter 17.08 Definitions. Chapter 17.08 Definitions of the Avon Municipal Code is amended by enacting the following language: "17.08.517 Medical Marijuana Business. Medical MarUuana Business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for Medical Marijuana Centers, manufacturing of Medical Marijuana - Infused Products, or Optional Premises, as such terms are defined by Colorado Revised Statute §12- 43.3 -104, as may be amended, regardless of whether any such use described herein is for profit or not for profit." Section 6. Amendment to Chanter 17.12 Administrative Provisions. Section 17.12.050 Interpretation — conflict with other laws. of the Avon Municipal Code is amended by enacting the following language: "(d) Any use of property which violates local, state or federal law is prohibited." Section 7. Amendment to Chapter 17.16 Zone Districts and Official Mans. Chapter 17.16 Zone Districts and Official Map. of the Avon Municipal Code is amended by enacting the following language: "17.16.025 Medical Marijuana Business Prohibited. Medical Marijuana Business is a prohibited use in all zone districts." Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. 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 Ord 2010 -12 Medical Marijuana Business Page 3 of 5 7 -22 -10 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 10. 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 11. 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 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 13. 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] Ord 2010 -12 Medical Marijuana Business Page 4 of 5 7 -22 -10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 13, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 27, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on July 27, 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 Ord 2010 -12 Medical Marijuana Business Page 5 of 5 7 -22 -10 Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Asst. Town Manager — Community Development Date: July 23, 2010 Re: Public Hearing to Consider Ordinance 10 -14 Amending the Avon Municipal Code by Enacting Title 7: The Avon Development Code, Repealing Title 16: Subdivisions, Repealing Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel. Summary This is the first reading by the Avon Town Council of Ordinance 10 -14, enacted the Avon Development Code and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration & Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code. Ordinance 10 -14 is attached as Exhibit G. On July 6, 2010 the Planning and Zoning Commission (PZC) approved Resolution 10 -03 (Exhibit A) recommending adoption of the Avon Development Code with conditions. At its July 20th meeting, the PZC approved a motion requesting that Town Council consider an emergency ordinance repealing Sec 17.28.090 AMC, Temporary Suspension of Building Permits. The proposed Avon Development Code, with the changes recommended by the PZC on July 6, 2010, is attached as Exhibit B. A chapter -by- chapter summary of the proposed revisions in the new Code is attached as Exhibit C. The minutes of the July 6 and July 20, 2010 PZC meetings are attached as Exhibit D. Written public comments received by the Community Development before 5:00 pm on July 22, 2010 are attached as Exhibit E. Written comments received after this time will be provided to Council at the meeting. This memorandum will address the proposed Avon Development Code. The issues related to the PZC motion requesting Council repeal of Sec 17.28.090 AMC has been addressed by the Town Attorney in a separate memorandum to Council and will be discussed as a separate matter. Background The Avon Development Code is the result of a nearly 2 year public process that began in August, 2008 when the Town retained the services of Clarion and Associates, a Denver -based planning consultant firm, to prepare a unified land use code that integrated the town's subdivision regulations and procedures with the zoning regulations and procedures. Following the project's inception, the Council appointed a community -based Zoning Advisory Committee (ZAC) to guide and oversee the project. The 15- member committee represented a diverse group of volunteers drawn from the development and construction industries, various business sectors, and the town's political leadership. The process of drafting the Avon Development Code included four phases: Phase 1: Project Analysis The project kicked off in September 2008 with a series of interviews and meetings with key stakeholders, Town staff, Town Council and PZC members, to identify the key issues with the current regulations that the new code should address. Phase 2: Diagnosis Based on the issues identified during the Phase 1 analysis, the Clarion team completed a diagnosis and assessment of the current regulations (Diagnosis and Annotated Outline, Jan 2009). The Diagnosis provided a general overview of the strengths, weaknesses and challenges in the current zoning and subdivision regulations and recommended actions for creating a new unified land development code. Eight key "themes" or major issues emerged from the first two phases of the project: 1. Improve Formatting & Organization 2. Improve Content & Timing of Submissions 3. Identify Baseline Development Standards 4. Address Sustainability of the Built Environment 5. Improve the Public Benefits Process 6. Modernize the PUD Process 7. Create Appropriate Zone District Regulations 8. Enhance the Usability of Subdivision Regulations Phase 3: Drafting The Clarion team prepared an initial draft of the new Code based on the recommendations and goals identified in Phase 2. The ZAC reviewed early drafts of the new Code in 2009 and during the first three months of 2010. Clarion completed its work on the first draft of the new Code in March, 2010 which was followed by eight work sessions with the Town Council and PZC for final policy direction in April and May. The public hearing draft of the Avon Development Code was published on May 28, 2010. Council received a copy of that document at its June 8, 2010 meeting. Phase 4: Public Review The PZC completed its review of the proposed Code on July 6, 2010 and made a recommendation to the Town Council to adopt the proposed Code with conditions. The final draft of the Code, as recommended by the PZC has been prepared for Council consideration. The Town Council will consider the recommendation from the PZC along with public comments before considering adoption of the Code. Key Objectives of the Code Revisions Through a series of research efforts and interviews with stakeholders during the initial diagnosis phase of this project, the revisions to the zoning and subdivision regulations focused on three key objectives: 1. To raise the standards for development as directed in the Avon Comprehensive Plan. 2. To introduce more efficiency, predictability, and transparency into the development review process, and 3. To update, modernize and improve the usability of the regulations. The proposed Avon Development Code has addressed those objectives as follows: V Raises the standards for development as directed in the Avon Comprehensive Plan. The Avon Comprehensive Plan has established a clear long -term vision and policies to guide future growth and create community quality in the town. The Plan also includes a range of regulatory changes that are needed to realize Avon's vision. Notable among these are the inclusion of a floor area ratio (FAR) measurement to break up building bulk in the Town Center, and a wider range and mix of uses throughout the town. In addition, the Plan identifies a range of topics and issues that are not addressed in the current regulations including sustai nab i lity-related concerns such as erosion control, water quality and energy efficiency. • The proposed Code includes baseline development standards (Chapter 7.28) that elaborate on the concepts and requirements established in the Comprehensive Plan and other Town policy documents including: a. Land uses interconnected with pedestrian, bike and automobile circulation links (Mobility /Connectivity Sec. 7.28.040). b. Development that protects and accommodates natural resources, including floodplains, steep slopes, streams, wetlands, water quality, and geologic hazard areas (Natural Resources, Sec. 7.28.100). c. Architectural design, materials, and colors compatible with the town's physical setting and natural and existing landforms (Design Standards, Sec. 7.28.060). d. A Floor Area Ratio (FAR) measurement for commercial zone districts (Sec. 7.20.070 -080), and a bonus development provision that is permitted in all commercial districts and replaces the public benefit requirement in the existing PUD process( Bonus Development, Sec. 7.20.100). e. An Alternative Compliance Provision that allows an applicant the flexibility to modify certain development standards in order to accommodate individuality, creativity, and artistic expression in development and architecture (Alternative Equivalent Compliance, Sec. 7.16.120). f. A number of new regulations have also been added to the Code, which promote sustainable development standards. Table 1 provides a summary of the sustainable aspects of the new Code. Introduces more efficiency, predictability, and transparency into the development review process. A prevalent concern with the current code is the inadequate requirements of the application process. The current provisions do not provide adequate guidance on the timing and content of required submittals, nor direction for how such materials will be evaluated. In the past, developers have been reluctant to pay for additional studies and reports early in the process before the Council has given its indication of support. On the other hand, town staff has been frustrated with its inability to require information in a consistent format that can be easily evaluated for recommendations to PZC and Council. The consequences of this tension have been delayed or insufficient submittals and diminished quality of the town review. The Development Review Procedures (Chapter 7.16) consolidates all of the regulations related to all of the procedures for development and subdivision applications. This Chapter clarifies the roles of the review and decision - making bodies; describes the review procedures for all development applications in a series of sequential steps, and includes specific review criteria for each type of application. New provisions in this Chapter also include: a. A pre - application requirement for all applications, to provide early guidance for applicants. b. Minimum submittal requirements for applications , and c. The timing and content of required reports, such as traffic studies and storm drainage. Updates, modernizes and improves the usability of the regulations. The town's basic zone districts have not been updated over time and do not provide a comprehensive overall system for guiding preferred development patterns and incorporating design- oriented regulations where appropriate. In addition, the usability of the current code has been hampered by its organization and format. Basic regulations pertaining to issues such as parking, landscape, signs and accessory uses are scattered across multiple sections or chapters of the current code. In addition, many terms and definitions are outdated, contradictory or redundant. The new Development Standards (Chapter 7.28) incorporate design- oriented regulations that are intended to create a unified and cohesive physical framework and community image in the Town with compatible building orientation, scale, mass, siting, and street alignments. The new standards guide preferred development patterns by requiring sensitive to the building form (Design Standards, Sec 7.28.060), its location and relationship to the street and other buildings (Design Standards Sec 7.28.060), the location of parking (Parking, Sec. 7.28.020) and convenient pedestrian access (Mobility and Connectivity, Sec. 7.28.040). • The Engineering Improvement Standards have replaced the subdivision standards in the existing Code and are designed to work with the zoning regulations to create a comprehensive land development review process. The new subdivision regulations include: a. updated street design requirements b. subdivision layout requirements c. standards for dedication of parks and open space d. specifications for storm water management practices e. integration of the natural environment and requirements for utilities and public facilities. • The new Code improves on the organization of the current code by consolidating and integrating the subdivision regulations and procedures with the zoning regulations and procedures. For example, all development procedures are found in Chapter 7.16, all parking standards are found in Sec. 7.28.020 and all definitions are found in Chapter 7.08. PZC Review and Recommendation to Town Council PZC reviewed the draft Code at its meetings on June 15 and July 6, 2010, and after considering written and public testimony, approved Res. 10-03 recommending to the Town Council to adopt the new Code with the following recommendations: 1. Include a diagram to illustrate the building height requirement in the Design Standards. The height measurement should also include any retaining walls that are part of the base foundation of a structure. 9 Staff Response: A diagram illustrating the 45 ft building height requirement has been added to Design Standards for Wildridge Single Family and Duplex Unit (Sec.7.28.060). A statement has also been included in the design standards requiring foundation - related retain walls to be included in the 45 ft height measurement. The maximum height of retaining walls is also addressed in Sec 7.28.050(c). 2. The PZC believes there is a public benefit related to limiting the maximum length of a duplex structure's street elevation in Wildridge. Staff Response: After researching a sample of duplex structures constructed in Wildridge over the past 10 years, the following finding were made: a. Duplex units' are almost always oriented in a side -by -side fashion along the street in order to maximize views and reduce the need to step the building foundation with the slope of the lot. b. Front elevations range from approximately 80' to 165' in length. c. The Planning Commission and Council have generally responded negatively to duplex structures that exceeded 125' in length. Limiting the overall length of a duplex structure to 125 ft will help minimize the massiveness of buildings located on prominent ridgelines and along the street fronts. Lots will have to be contour graded and buildings will have to more closely follow the grade of the lot, which is the preferred approach for developing on steep slopes. A new standard has been added to Sec. 7.28.090(e) Single- family and Duplex Standards for the Wildridge Subdivision, limiting the length of any elevation of a duplex structure to 125 ft. 3. Revised the parking requirement for outdoor seating areas to exempt the first 25% of the seating area from the parking requirements. Staff Response: Table 7.28 -2 Parking Requirements has been revised for Food and Beverage Services to exempt the first 25% of the outdoor seating area from the parking requirements. 4. Revise the parking requirement for group homes to ensure sufficient employee and guest parking. Staff Response: Table 7.28 -2 parking requirement for Group Homes has been revised to require one parking space per four beds, plus one parking space per employee. 5. Replace the terms: "solar arrays" and "solar collection systems" with: "ground- mounted solar devices" and "building- mounted solar devices ". Staff Response: Alternative Energy Standards (Sec 7.28.100(g)) have been added to the new Code to establish standards for alternative energy generating systems so that they may be allowed if found to be compatible in appropriate locations in the Town. The regulations define a Solar Collection System as being a roof - mounted or wall- mounted system, and a Solar Array as free - standing, ground- mounted solar collection system. PZC did not believe that Solar Array and Solar Collection System as defined in the Code was helpful to understanding the differences between the systems, and therefore recommended that the terms be replaced with "Ground Mounted Solar Devises" and "Building Mounted Solar Devises." S 6. Under the definition of Caretaker Unit change the term "cooking facilities" to "kitchen facilities ". Staff Response: A Caretaker Unit is ancillary and attached to the primary dwelling unit as an apartment which may or may not have full cooking facilities in the unit. The term "kitchen facilities" replaced "cooking facilities" for continuity with other sections of the Code. 7. Remove landscape points for lawn grass and add points for xeriscaping. Table 7.28 -7, Landscape Units Awarded. Staff Response: PZC felt that awarding landscape points for lawn grass was inconsistent with the Town's goal of promoting sustainable development, and recommended that the points be awarded for xeriscaping instead. Table 7.28 -7 has been revised accordingly. 8. Clarify that the purpose of requiring parking lot landscape strips is to help separate pedestrian and vehicle traffic in parking lots. Sec 7.28.050(A)(iv)(D)(2). Staff Response: Landscaping strips in parking lots are used to help reduce the solar impact from the asphalt, create areas for storm water drainage, and provide safe, walkways for pedestrians. An intent statement has been added to this regulation. 9. Add a cross reference to the Mobility and Connectivity regulations (Sec. 7.28.040) in the Town Center District Parking Lot Landscaping Regulations Sec 7.28.050(A)(iv)(F). Staff Response: The need to cross reference the mobility /connectivity regulations in this section is unnecessary. Both regulations are a part of the Development Standards found in Chapter 7.28. All new construction is required to comply with all of the Developments Standards. 10. Add a requirement that straw bale (or equivalent) be installed inside the protective fencing required around the drip line of each tree or tree group during construction. Staff Response: The requirement has been added to Sec. 7.28.050(a)(4)(i)(D)(3)(I), Protective Fencing During Construction. 11. Establish a maximum timeframe for temporary irrigation (Sec. 7.28.050(a)(4)(iv)(E)). Staff Response: The following timeframe has been included for temporary irrigation: one (1) year for ground cover, two (2) years for shrubs, or three (3) years for trees. 12. Include architectural features as appropriate methods of screening (Sec. 7.28.050(b)). Staff Response: Screening requirements have been added to the Code to ensure that certain site features are screened from public view or adjacent properties. Architectural features such as a roof parapet can be used to screen site features, provided they meet the standards of the subsection. This section has been revised to include architectural features as a permissible screening method. 13. Strike the "reserved" section for Green Building techniques in the Bonus Development Regulations (Sec 7.20.100(d)(3)). Staff Response: The bonus development regulations originally included development and density awards for green building techniques. During the April and May work sessions with the Council and PZC, it was determined by both bodies that green building 10 techniques may want to be incorporated as requirements and not as options for development bonus; and the subject should be reviewed as a separate matter after the Green Building Energy Code is ready for public review. This section has been removed. 14. Does the Wildridge PUD limit the height of wind energy systems in the subdivision? Staff Response: According to the Wildridge PUD development regulations no structure located on any other lot shall exceed three stories or thirty -five feet in height measured from the natural grade at the midpoint of the structure. Because the height limitation includes all structures, a wind energy devise would also be limited to this height restriction. 15. Include the Capital Improvement Program (CIP) in Development Bonus Enhancements Sec 7.20.100(d)(1)(iii)). Staff Response: This provision of the Development Bonus Requirements sets the criteria for evaluating public benefits related to development bonuses. The PZC wanted to include the CIP in the list of policy documents that would be used to determine the appropriateness of a proposed public benefit. This section has been revised accordingly. Remaining Code Modifications 1. It was brought to the attention of the staff by the certain Council members at the July 13, meeting, that the Code section concerning steep slopes (Sec 7.28.100(a)(2)) did not include an Applicability section concerning lots platted prior to adoption of the new Code. The Code had always contemplated that certain administrative modifications or waivers of the steep slope and access driveway provisions would be available to lots platted prior to the effective date of the new Code. The following Applicability language is therefore recommended for Sec 7.28.100 Applicability [re Access Driver Requirements] and 7.28.030(b) Applicability [re Steep Slopes]. The decision of the Director could then be appealed to per Section 7.16.160. "The provisions of this section are applicable to all development. The Director may modify or waive the provisions in this section for lots which were platted prior to the Effective Date of this Code where strict compliance with the provisions in this section is not practical or feasible considering the physical characteristics of the lot. When modifying or waiving any provision in this section, the Director may require avoidance or mitigation to minimize the risk of property damage or injury to the lot, improvements on the lot, and adjacent or nearby affected properties, public facilities and infrastructure: 2. While the proposed Avon Development Code stands as a complete package for the Town Council's consideration, there are additional revisions that staff expects to recommend for the purposes of clarifying certain provision, prior to the Council's consideration of the Code for final adoption. These revisions will be prepared as a compendium to the draft Code and presented at the next Council meeting. Recommended Action: For the reasons described in this memorandum, Staff believes that the Code has adequately addressed the objectives of the Code revision project and has provided sufficient opportunity for public review and comment. Staff therefore recommends that Council approve Ordinance 10 -14 on its first reading. Town Manager Comments: List of Exhibits A — PZC Resolution 10 -03 B — Avon Development Code, as Recommended by PZC C — Chapter by Chapter summary of Avon Development Code D — July 6th, 2010 & July 20th, 2010 PZC Meeting Minutes E — Written Public Comments received before 5pm on July 22 "d, 2010 F — Memorandum from Eric Heil, dated July 22 "d, 2010 G — Ordinance 10 -14, Amending AMC by Enacting Title 7: Avon Development Code N Exhibit A TOWN OF AVON PLANNING & ZONING COMIVIISSION RESOLUTION NO. 10-03 A RESOLUTION RECOMMENDING APPROVAL OF AVON DEVELOPMENT CODE, REPEALING AND RE- ENACTING TITLE 16: SUBDIVISIONS, AND TITLE 17: ZONING; AMENDING PORTIONS OF TITLE 2: ADMINISTRATION & PERSONELL, AND TITLE 15: BUILDING, AVON MUNICIPAL CODE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review, make recommendations, and guide and accomplish a coordinated, adjusted and harmonious development of the municipality and its environs, and WHEREAS, the Town's zoning code and subdivision regulations have not been comprehensively amended or revised since they were first adopted by the Town in 1979; and WHEREAS, the calls for a comprehensive amendment of the zoning code and subdivision regulations are long standing and evidenced by the recommendations of the 2006 Avon Comprehensive Plan and other planning documents; and WHEREAS, in 2008, the Town Council appointed a Zoning Advisory Committee comprised of community representatives, including home builders, developers, planners, architects, and elected and appointed officials; and WHEREAS, the Town Council with the assistance of the Zoning Advisory Committee, zoning consultants, and town staff conducted a through analysis of the current code, including interviews with citizens and users of the code; and developed a strategic plan for revising the regulations; and WHEREAS, the Planning & Zoning Commission and Town Council held a series of eight public workshops in April, May and June 2010 to review the initial draft of the Code; and WHEREAS, a public hearing was held by the Planning & Zoning Commission on June 15 and July 6, 2010, pursuant to notices required by law; and WHEREAS, the Avon Development Code is consistent with purpose and intent of Title 17.28 of the Avon Municipal Code regarding amendments to its zoning regulations. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby recommends approval of the Avon Development Code, attached hereto as "Exhibit A ", citing the following findings: 1. The Avon Development Code is consistent with the 2006 Avon Comprehensive Plan, The West Town Center Investment Plan; and The East Town Center Investment Plan; /O Exhibit A and the adoption of the Code is necessary and desirable to effectively implement the policies and vision of these adopted plans. 2. The Avon Development Code is necessary to respond to changed or changing conditions in the town and promotes the type of development patterns that have emerged since the current code was first adopted. 3. The Avon Development Code will result in development that is compatible with existing and surrounding areas or uses and can be served by adequate public facilities. 4. The Avon Development Code reflects contemporary zoning and planning practices, which include decreasing automobile use, sustainability, and pedestrian oriented development. 5. The Avon Development Code consolidates the zoning code and subdivision regulations into a unified set of regulations that are efficiently organized and improves the usability of the Code. 6. The Avon Development Code furthers the public health, safety and general welfare of the greater Avon community, including its residents, businesses, and industries. and subject to the following conditions: 1. Add a Building Height Diagram to illustrate appearance of height. The definition shall include retaining walls that are part of the base foundation of a structure. 2. The PZC believes there is a public need for limiting the maximurn length along a street of a duplex structure. Staff shall propose a maximum width to the Town Council. 3. The parking requirement for outdoor seating area be revised to exempt parking requirements for the fast 25% of the area. 4. Revise the parking requirement for group homes to require appropriate levels of parking. S. The definition of solar arrays and solar collection systems should be revised to use the terms, "ground mounted solar devices" and "building mounted solar devices ". 6 The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking facilities. 7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness. 8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xerriscaping. 9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation of pedestrians in landscape strips and islands. 10. Add a cross reference within Town Center District Parking Lot Landscaping to Section 7.28.040. 11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II) 12. Revise Section 7.28.050(a)(4)(i)(D)(3)(I) to add straw bale or equivalent requirement. 13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary irrigation. 14. Revise Section 7.28.050(b) to add language to provide for architectural features for screening. !/ Exhibit A 15. Strike reference to the section "Reserved" for Green Building techniques. 16 Correct typo, "Court Dive" on page 147 of the redline strikedwough revision. 17. Research Wildridge PUD definition of building heights as it relates to the wind energy systems. 18. Revise Section 7.20.100(d)(1)(iii) to include the CIP. ADOPTED THIS 6ei DAY OF JULY, 2010 Signed. Vice Chair, een Date: T&•10 Attest. Date: Secretary, Phil Struve 12— EXHIBIT B AVON LAND DEVELOPMENT CODE APPROVED BY: AVON PLANNING & ZONING COMMISSION ON JULY 69 2010 PRESENTED TO PUBLIC ON JULY 23, 2010 /3 EXHIBIT C The Avon Development Code Summary of Proposed Revisions ItL.. r The General Provisions Chapter replaces the Administrative Provisions of the existing zoning code and includes standards for general applicability, interpretations, fees, and non - conforming uses. Enforcement and penalty regulations are new and include: (1) a responsibility section that describes how enforcement takes place and what code violations might include; (2) a General Chapter 7.04 remedies and penalties section that provides greater detail about the Provisions options available to the Town for enforcement; and (3) a procedural section for enforcement actions. Provisions related to requiring additional studies, waiver of regulations and conceptual approvals have been moved to Development Review Procedures. See Town Attorney Memo for additional discussion on these provisions — Exhibit F. Definitions have been up -dated and consolidated in this chapter. Use standards (e.g., Home Occupation and Snow Storage) have been moved Chapter 7.08 to appropriate regulatory sections. Sec 17.06 of the existing Zoning Code Definitions (Interpretations) has been changed to allow the Planning Director to make interpretations rather than Planning and Zoning Commission. This is a new chapter that consolidates all of the regulations related to the procedures for development applications found in the existing Chapters 2.16 Planning and Zoning Commission, 16.12 Subdivision Administration, and 17.08 Zoning Administration. This new Chapter clarifies the roles of the review and decision - making bodies; describes the review procedures for all development applications in a series of sequential steps, and includes specific review criteria for each type of application. New Development provisions include: 1) a pre - application requirement for all applications, 2) Review Chapter 7.16 minimum submittal requirements for applications, 3) the timing and content Procedures of required studies and reports, and 4) application processing requirements. A Minor Amendment Process was also added which authorities the Planning Director to make administrative determinations on specific minor changes to approved development plans. The Termination of Approval provision, which sets a 2 year time period on development approvals, has not changed. The "Temporary Suspension of Building Permits" provision has been replaced with a less restrictive Temporary Suspension of Development Approvals (see Town Attorney Memo — Exhibit F). This chapter establishes the Town's zone districts. Districts have been reorganized and categorized by residential, commercial/ mixed -use and industrial. Purpose statements have been added to help guide decision - makers. District regulations (e.g., setbacks, building height) are summarized in tables district by district for easy comparisons. There are four residential districts (RD duplex; RL, Low Density, RM Medium Density and RH, High Density). The RH -C Residential Hi Density Commercial has been retired. Zone Districts The commercial districts have been reduced from four to three: NC and Official Section 7.20 Neighborhood Commercial; MC, Mixed -Use Commercial; and TC Town Zoning Map Center. The SC, Shopping Center District has been retired. Changes to the district regulations are summarized in Table 2. The commercial district standards also include a Floor Area Ratio (FAR) requirement. FAR controls the bulk of a building and allows the developer to make choices about the distribution of the building mass on the site. Together with the Development Standards, the FAR measurement can help break up building bulk and promote development that is compatible with the type of pedestrian scaled streetscapes promoted in the Comprehensive Plan. ItL.. r Development Bonus (Sec 7.20.100) In response to the request for more specific information related to the public benefit process, the Code includes a Development Bonus option which allows the Town Council to increase the maximum FAR, density, and /or the maximum building height of a project in exchange for helping the Town achieve public policy goals. Approval to increasing development density may, for example, be permitted in exchange for a specific number of affordable housing units, transportation improvements or other public benefits identified in the Comprehensive Plan. The Industrial District, Public Facilities District, Parks District and Opens Space Landscape, the Short Term Rental Overlay District and Drainage District remain unchanged. The PUD has been re- classified as an Overlay District. The new Code also limits the use and application of the Planned Unit Development (PUD) to larger parcels and property in Town Center that may have a measurable impact on the community. The PUD Overlay is intended to provide flexibility in the subdivision standards so that a development can be clustered and common open space preserved. A PUD project will still be subject to the underlying zone district requirements and development standards. Additional density would be requested through the Bonus Development process. The use regulations for all zoning districts are consolidated in Table 7.24.- 1. The use lists have been consolidated by broad categories (e.g. Retail), and modernized by eliminating out -dated listings and adding more current uses. Use Section 7.24 Specific Use Regulations for Public Uses and Home Occupations are Regulations included in this Chapter, as are additional requirements for certain Special Review Uses such as day care and group living. Standards for accessory uses and structures temporary uses and structures have also been added to this Chapter. Parking and Loading. The new Code took the existing parking regulations and made targeted changes to encourage alternative parking options and parking flexibility in Town Core. We also updated the parking lot design requirements and moved parking lot landscaping to the landscaping requirements. Access Driveway. These new regulations control the access to public streets from private driveways. Standards are provided for is access by emergency vehicles, the maximum number of entryways per parcel, j driveway intersection with the ROW; driveway width, and maximum j driveway lengths. Standards for driveways on lots with slopes greater than 30% have been added to minimize disturbance and adverse visual impacts resulting from long cross slope driveway. Development Section 7.28 Mobility and Connectivity. This is a new section that establishes overall Standards standards for the infrastructure that provides mobility for both motorized and non - motorized vehicles and connects neighborhoods in the community. This section includes design standards for lots that are not being subdivided and addresses issues such as sidewalks, access management, and traffic impact analysis. Landscaping and Screening Requirements. This section was strengthen and clarified with specific landscaping requirements provides better guidance to developers and staff then under the existing Code. Other changes to this section include: a new landscaped buffer requirement between commercial and residential uses; requirements for parking lot landscaping and standards for tree preservation and irrigation requirements were upgraded. Screening standards were also added to provide guidance on appropriate screening methods and materials. 1/C. Fence and Retaining Wall standards were revised and included in this section. Materials and height requirements were added to fence standard. Retaining Walls standards were added to the Code to reduce the impact of over height walls and extreme changes in finished grades. In order to reduce the impact of over grading or over - height walls, terracing is required with a maximum wall height of 7 ft on wall on residential properties. Natural Resource Protection and Sustainability this section provides new protections for the development on steep slopes and ridgelines and incorporated erosion prevention and sediment control standards. The Director may modify or waive the provisions in this section for lots which were platted prior to the Effective Date of this Code where strict compliance with the provisions in this section is not practical or feasible considering the physical characteristics of the lot. Residential Design Standards. Based in part on the standards currently used in the Design Guidelines, this section establishes the basics for residential design in Avon (roof form, color, material, building orientation), with specific standards for townhomes, apartments and single - family and duplex units in Wildridge. Commercial Design Standards. Similar to the Residential Design Standards, this section is based on standards and recommendations found in the West Town Center and East Town Center Investments Plans, which calls for pedestrian — oriented, walkable commercial areas with a mix of uses including housing. The Engineering Improvement Standards have replaced the subdivision standards in the existing Code and are designed to work with the zoning regulations to create a comprehensive land development review process. In the current code, the subdivision regulations do not include sufficient substantive content which causes a lot of ambiguity for applicants and for Staff during the review process. The new subdivision regulations include: • updated street design requirements Engineering 0 subdivision layout requirements Improvement Section 7.32 • standards for dedication of parks and open space Standards 0 specifications for storm water management practices • integration of the natural environment and requirements for utilities and public facilities. Parks and Open Space. This is a new section in the Code, and requires publicly- dedicated open space and privately -held open space for new subdivisions. Alternative Energy. This is also a new section in the Code that includes regulations for installing solar and wind power equipment. Annexation and Disconnection Section 7.36 See attached memorandum from Town Attorney — Exhibit F. Procedures 1041 Regulations Section See attached memorandum from Town Attorney — Exhibit F 1/C. Table 1: Sustainable Aspects of the Avon Development Code NATURAL RESOURCE PROTECTION Section Numbers Limits on construction in flood hazard areas 7.28.070(d) Requires Inventory of site natural resources 7.28.070 Requirements for storm water management 7.28.070(c) Limits landscape irrigation systems 7.28.050(a)(4)(iv) Requires management of silos and erosion control during construction 7.28.070(c) Steep slope protection and minimized grading 7.28.070(a) TRANSPORTATION Requires walkways and bicycle baths on a building site 7.28.040(e) Require short term bicycle parking and storage based on parking requirements 7.28.030(i) SITE LIGHTING Site light pollution control requirements (dark sky) 15.30 SITE DEVELOPMENT Usable open space requirements for residential developments 7.28.060 Building form and design standards for commercial zone districts brings building close to sidewalk and reduce visibility of surface parking to create a more lively pedestrian environment. 7.28.060 Parking reduced for mixed use developments 7.28.030(f)(2)(ii) Maximum parking requirements for commercial uses Table 7.28 -3 Increased landscaping requirements for off - street parking 7.28.050(q)(3)(iv) Standards for bike parking 7.28.030(1) New district requirements in Town Center require vertical mix of uses, higher densities and connections to transit 7.28.0600) RENEWABLE ENERGY Solar equipment standards 7.28.070(g)(2) Wind Energy 7.28.070(g)(4) 17 Table 2: Summary of Revisions to Commercial Zone Districts NEIGHBORHOOD COMMERCIAL (NC) Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community. Permitted Uses: Commercial Uses and Accessory Apartments. DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 7,500 sf 3,000 sf Building Height 35 ft 35 ft: duplex 38 ft: TH, MF, commercial Front: 25ft Front: 1Oft residential /0 ft commercial Building Setbacks Side: 7.5 ft Side: 7.5 ft/ 25ft corner lots Rear: 10 ft Rear: 10 ft Max Site Coverage 50% 60% Max Density 7.5 du /acre 7.5 du /acre 1:1 FAR MIXED USE COMMERCIAL (MC) Purpose: To group and connect places used for work, shopping, education, recreation with residential uses. Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 43,560 sf 3.000 sf Building Height 60 ft 35 ft: SF and duplex 60 ft: TH, MF, commercial Front: 25ft Front: 10 ft Building Setbacks Side: 7.5 ft Side: 7.5 SF, duplex/0 ft TH, MF, commercial Rear: 10 ft Rear:10 ft residential /5 ft commercial Max Site Coverage 50% 80%: SF and duplex 70%: TH, MF, commercial Max Density T 0 du /acre 20 du /acre 0 lodge units /acre 1.5:1 FAR TOWN CENTER (TC) Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment. Design standards distinguish is area from others in town. Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 30,000 sf 3,000 sf: residential Building Height 80 ft 80 ft Front: 25 ft Front: 1 Oft residential /0 ft commercial Building Setback Side: 7.5 ft Side: 7.5 ft125 ft comer lots Rear: 10 ft Rear: 10 ft Max Coverage 50% 80% Max Density 30 du /acre 30 du /acre 90 lodge units /acre 2:1 FAR LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC) Purpose: To provides sites for light industrial and mfg uses, wholesale outlets, warehousing and sales offices Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts. DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 21,780 sf 21,780 sf Building Height 48 ft 48 ft Front: 25 ft Front: 25 ft Building Setbacks Side: 7.5 ft Side: 7.5 ft/ 25 ft corner lots Rear: 1 Oft Rear: 10 ft x Site Coverage 50% 50% Density 4 accessory unit/property by special review use 4 accessory units /property by special review use EXHIBIT D PLANNING AND ZONING COMMISSION MEETING MINUTES JULY 6, 2010 (APPROVED) JULY 20, 2010 (DRAFT) ry VON REGULAR MEETING Call to Order (5:00pm) Town of Avon Planning & Zoning Commission Draft Meeting Minutes for July 6, 2010 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street The meeting was called to order by Vice Chairman Green at approximately 5:05 II. Roll Call All Commissioners were present with the exception of Goulding, Prince, and Anderson. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda • Approval of the June 15, 2010 Meeting Minutes Action: Commissioner Patterson moved to approve the amended minutes. Commissioner Roubos seconded the motion and it passed 4 -0. VI. ZONING (PUBLIC HEARING) Avon Development Code Public Hearing Property Location: N/A Applicant/ Owner. Town of Avon Description: A public hearing to review of the Draft Avon Development Code. The new code revision includes the consolidation of Subdivision and Zoning regulations, currently found Titles 16 and 17 of the Avon Municipal Code, respectively, into a unified development code. Discussion: Matt Gennett presented an overview of the memo and brief description of each item of the memo. Commissioner Green asked for clarification of the current height measurement methods and the new standards proposed. He specifically wanted to hear more about the appearance of height measurement. Matt Gennett described the appearance of height and showed illustrations. Commissioner Roubos questioned the change in natural grade requirements in the new code. Matt Gennett responded by illustrating design tests that were performed. Commissioner Green questioned if the retaining walls below a structure would be calculated in the appearance of height of the structure measurement. Matt Gennett responded that the code as drafted doesn't clearly indicate that, but staff would be willing to modify the code to make sure this item is addressed in the draft code. Commissioner Green asked that staff overview each item in the memo. Matt Gennett discussed each individual item outlined in the memo. IT Commissioner Struve questioned item 7. He questioned how we can keep coast to coast duplexes from being developed. He felt an intent statement should be addressed to limit the coast to coast nature of residence designs. Commissioner Struve questioned if the driveway standards could be modified to ensure that heated driveways will not be able to exceed maximum grades. Justin Hildreth addressed this issue by directing the Commission to Attachment C. He discussed the caveat to waive standards for lots platted before the adoption of this code update. Commissioner Patterson commented on the Development Bonus section. He wanted clarification on whether or not a development bonus needs to be applied for with the principal application. Staff responded affirmatively. Commissioner Patterson questioned if a menu has been provided for an applicant to help direct them towards proper public benefits. He stated that he would like the public benefits to be less shaped by the politics du jour. Eric Heil stated that the pre - application process would help guide developers on which public benefits would be best. Commissioner Patterson stated that his concern was that a development bonus would go to certain communities where political figures reside. Eric Heil stated that the proximity criteria would apply, which require the public benefits to have a proximity to where the development is occurring. Commissioner Patterson questioned why pedestrian enhancements and streetscape enhancements have different maximum distance requirements. Eric Heil responded that the 2,500 feet is within the acceptable range for people to consider walking instead of driving. Commissioner Green questioned the outdoor dining parking requirements. He requested that the parking requirements be modified to ensure that parking be provided for outdoor seating areas that are greater than 25% of the interior dining area(s). Commissioner Green questioned the parking requirement for ALFs. He stated that additional parking may be required for doctors, nurses, etc. He questioned how that would be addressed by the new code. Sally Vecchio stated that the code implies that there is no parking for the residents or visitors. Commissioner Green stated that there is a need for more parking than what the code is requiring. Commissioner Green disagreed with the proposed definitions for solar devices. He felt the definitions should be more closely linked to the industry preferred terms. He feels the terms should be building mounted and ground mounted solar collection systems. Commissioner Struve suggested that the definitions include both active solar and solar used to heating living spaces and water. Commissioner Green suggested that the definition of caretaker unit reference kitchen facilities instead of cooking facilities. Commissioner Green questioned coast to coast designs and felt that the town should embark upon a legislative action. Eric Heil stated that a rational intent would need to be adopted to address to limit coast to coast designs. The Public Hearing and Comment portion was opened. The Public Hearing and Comment portion was closed due to a lack of input. Commissioner Struve wanted the Commission to get to the point where approve of the new code with conditions as necessary. Furthermore he discussed the applicability of the code to Wildridge. Commissioner Roubos had no additional comments. Commissioner Patterson had no additional comments. 1�4 Commissioner Green discussed the landscape design standards. He outlined a typo. He also discussed lawn grasses as an awarded point section. He stated that we should be promoting natural grasses. Commissioner Struve suggested that it be stricken from the code. Commissioner Green suggested that the code promote drought tolerant plantings. Eric Heil stated that xeriscaping should be added as a bonus. Both Commissioners Green and Struve agreed with that suggestion. Commissioner Green questioned the criteria for review by the director for a reduction in perimeter landscaping. Sally Vecchio stated the director could reduce the requirement if the neighboring property had sufficient perimeter landscaping or the combination of perimeter landscaping between the two properties was sufficient. Commissioner Green suggested that a criteria be added to the landscape islands to state that at maturity the plantings do not negatively affect drainage. He also suggested that the intent of the Landscape strips be clarified. Commissioner Green questioned where the sidewalk standards were located. He felt this should be cross referenced in the TC landscaping section. Commissioner Green suggested adding a single course of straw bale on the inside of the fence. Commissioner Struve suggested approved alternative methods. Commissioner Green suggested that timeframes be added to the temporary irrigation. Eric Heil suggested that a 2 year timeframe be added. Commissioner Green suggested that mechanical equipment also have the ability to be screened by architectural elements. Commissioner Roubos suggested that the section reserved for Green Building Standards be stricken. A break was taken for staff to formulate a list of conditions. Commissioner Patterson further discussed the development bonus and the impact of political wills. He also discussed the civic facilities and how these facilities could benefit individual properties. Action: Commissioner Roubos moved to approve Resolution 10 -03 with the recommended findings in the Staff Memo and the following conditions: 1. Add a Building Height Diagram to illustrate appearance of height. The definition shall include retaining walls that are part of the base foundation of a structure. 2. The PZC believes there is a public need for limiting the maximum length along a street of a duplex structure. Staff shall propose a maximum width to the Town Council. 3. The parking requirement for outdoor seating area be revised to exempt parking requirements for the first 25% of the area. 4. Revise the parking requirement for group homes to require appropriate levels of parking. 5. The definition of solar arrays and solar collection systems should be revised to use the terms, "ground mounted solar devices" and "building mounted solar devices ". 6. The definition of Caretaker Unit shall refer to kitchen facilities instead of cooking facilities. 7. Section 7.28.050(ii)(A)(2) should be revised to ensure grammatical correctness. 8. Table 7.28 -7 be revised to eliminate points for lawn grass and add bonus for xeriscaping. 22 9. Clarify the intent of Section 7.28.050(A)(iv)(D)(1)(IV), the section concerning separation of pedestrians in landscape strips and islands. 10. Add a cross reference within Town Center District Parking Lot Landscaping to Section 7.28.040. 11. Remove the phrase "for coniferous trees" from Section 7.28.050(a)(4)(i)(D)(1)(II) 12. Revise Section 7.28.050(a)(4)(i)(D)(3)(1) to add straw bale or equivalent requirement. 13. Revise Section 7.28.050(a)(4)(iv)(E) to establish maximum timeframe for temporary irrigation. 14. Revise Section 7.28.050(b) to add language to provide for architectural features for screening. 15. Strike reference to the section "Reserved" for Green Building techniques. 16. Correct typo, "Court Dive" on page 147 of the redline strikethrough revision. 17. Research Wildridge PUD definition of building heights as it relates to the wind energy systems. 18. Revise Section 7.20.100(d)(1)(iii) to include the CIP. Commissioner Patterson seconded the motion. It passed 4 -0. VII. Other Business • The Gates? • Western Sage Lot 8 VIII. Adjourn The meeting was adjourned W. Todd Goulding Chairperson Phil Struve Secretary 23 Town of Avon Planning & Zoning Commission AVON,_ C O L O R A D O REGULAR MEETING I. Call to Order (5:OOpm) The meeting was called to order at 5:03. II. Roll Call Draft Meeting Minutes for July 20, 2010 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street All Commissioners were present, with the exception of Commissioner Anderson. III. Additions and Amendments to the Agenda There were no additions of amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda a. Approval of the July 6, 2010 Meeting Minutes Action: Commissioner Struve moved to approve the consent agenda as modified. Commissioner Roubos seconded the motion and it passed 4 -0, with Commissioners Prince and Goulding abstaining due to their absence. VI. Ordinances (PUBLIC HEARING) Description: Ordinance No. 10 -12, Series of 2010, will amend the Avon Municipal Code to (1) prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by medical marijuana patients. The Town Council passed this ordinance on first reading on July 13, 2010 and has scheduled a public hearing and second reading by Town Council on July 27, 2010. (Eric Heil, Esq., Town Attorney) Discussion: Eric Heil overviewed the memorandum provided to the Commission. Commissioner Green questioned the process that needed to occur and if any action was necessary. Eric Heil outlined the first reading of ordinance that occurred at Council and the PZC review and required motion of recommendation. Commissioner Struve asked if this was in the new code or old code. Eric Heil responded that if approved by Council this will be located in the old code. Commissioner Green stated that it was not clear in the provided packet what staff wanted from the Commission. He clarified that the information indicated that this was solely for information purposes. Commissioner Roubos had concerns over the reasons for the recommendation that was requested. Commissioner Goulding discussed the necessity for review of all code text amendments and land use modifications. Commissioner Green suggested that the commission take no exception to these regulations. Commissioenr Patterson stated that he had no exception to the regulations proposed for Title 17, specifically those in sections 5, 6, and 7. ,n,y- Eric Heil stated that the policy from Town Council is that Medical Marijuana should not be allowed in the Town and that the Planning and Zoning Commission needs to review to ensure these regulations will help the PZC to uphold these standards. Commissioner dialogue ensued to further discuss what the PZC's role is in the review of the proposed language. The Public Hearing was opened. Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation being provided from the Town Staff. He stated that if the PZC feels that Medical Marijuana is appropriate in Town then the PZC has the opportunity to make that know at this time. The Public Hearing was closed. Commissioner Prince commented that he feels that both sides of the argument are not being presented to the PZC. He stated that his role is to evaluate both sides of the coin and that he can not do that with the information provided. Commissioner Patterson stated that he feels that Land Use is the PZC's realm and that the PZC does not make legislative decisions contrary to what Dominic stated. Commissioner Green stated that he feels that the proposed regulations are manageable for the PZC to regulate, contrary to his personal beliefs on the issue. Commissioner Struve stated that he agreed with Commissioner Green. He did have concerns that the provided language will allow the Town to adopt rules that would outlaw other businesses. Commissioner Roubos stated she didn't have enough information to evaluate the Ordinance. She felt that more time would be necessary for a proper review. Eric Heil clarified the history of Medical Marijuana regulations in Avon and the State of Colorado. He overviewed case law in Colorado that allowed for moratoriums in order to adopt regulations. He further clarified that if the PZC was not comfortable making a motion then the Town Council could approve an emergency Ordinance to extend the moratorium. Commissioner Goulding stated that certain uses in town are currently outlawed, for example Adult services and heavy industry. He stated that he doesn't take exception to these regulations. He did question if there were any comments received on this item. Eric Heil stated that less than a handful of public comments have been received by the Town Clerk. Commissioner Goulding questioned why Commissioner Prince would like to hear both sides of the story. Commissioner Prince stated that he would like to take an open approach and try to understand why other municipalities and communities have allowed these businesses. Action: Commissioner Green moved to "take no exception to the Town Council Ordinance 10- 12, series of 2010" noting that Sections 5, 6, and 7 provide manageable language related to Title 17." Commissioner Struve seconded the motion. Commissioner Patterson questioned the meaning of "take no exception." Commissioner Green further described his reasoning for the terms "take no exception ". Commissioner Patterson suggested that the language be amended to "no exception" be replaced with "no position ". Both Commissioners Green and Struve accepted the modification to the motion. The motion passed with a 5 -0 with Commissioner Prince abstaining. JC VII. Other Business a. Commissioner questions of staff regarding the effect of Section 17.28.090 Temporary Suspension of Building Permits (AMC). Discussion: Matt Gennett summarized the process of drafting and reviewing the Avon Development Code, including the public review process with the Zoning Advisory Committee, Planning and Zoning Commission and Town Council. He outlined the PZC recommendation of approval of the Code on July 6, 2010. He stated that the recommendation of approval triggered the implementation of Section 17.28.090. Eric Heil discussed the recommendation and the AMC sections that regulate temporary suspensions of building permits and revocation of building permits. Commissioner Green suggested that the PZC can make a recommendation to Council on the language of the existing code. Commissioner Goulding separated the two issues: the action of the recommendation on the Avon Development Code; and the Code language in the existing Municipal Code that was adopted in 1991. Commissioner Struve wanted to know whether the Commission could actunder Robert's Rules of Order. Eric Heil stated that he was unaware if the PZC or Town Council had adopted Robert's Rulesof Order.. Commissioner Struve stated that it is possible to rescind a motion under these rules. Commissioner Roubos stated that there was never an understanding that once the PZC made a recommendation of approval that would place a moratorium on development. Eric Heil responded that a moratorium is not the proper term since building permits can still be applied for and approved under certain situations. Eric Heil overviewed the AMC Code sections that allow the Town to suspend or revoke a permit. He further discussed Colorado Common Law and how it affects the issuance of building permits while an ordinance is pending before Council. He also discussed the ADC code language that would allow pending application to move forward. Commissioner Patterson wondered what projected effective date of the New Code would be. Commissioner Struve wanted to know what would happen if an applicant submitted an building permit application today. Commissioner Goulding restated the process and what the Commission could do to help modify existing language in either the draft code or existing code. Commissioner Goulding stated that the intent of Section 17.28.090 was to stop a bum -rush to the permit counter before the new zoning code, with more restrictive standards, was adopted. He also commented that the new code is intended to be a more developer friendly /customer - service oriented code. Commissioner Struve questioned what it would take to revise or revoke Section 17.28.090. Eric stated that it would require an ordinance adopted by the Council through the ordinary process but an emergency ordinance can be undertaken in a single meeting. Commissioner Green wanted to know if there is a moratorium on issuing building permits. The Town Attorney stated pursuant to Section 17.28.090, a building permit that complies with both the current zoning code and the proposed code can be issued during this period. Commissioner Prince wondered how an applicant would be effected if the Town Council changed the development standard proposed in the PZC version of the new Code. The Commission then took comments from the public: Buzz Reynolds, Avon resident and builder, questioned if the PZC had all the information to review the new Code before it recommended adoption to the Council.l. He then questioned 2{0 the PZC if they would have made the same recommendation if they knew how this provision of the old Code would affect the issuance of building permits ?. He further stated that this is a mess and it needs to be resolved. Tripp Plavec, Avon resident, feels the code that the PZC adopted is a mess. He feels that the new regulations would render designs undevelopable. He acknowledge that he just saw the Code last night, so he wasn't sure, but questioned if the new regulations would be able to be waived for existing platted lots. Sally Vecchio stated that existing platted conditions can have development standards modified or waived if they are impracticable. Mr. Plavec stated that further regulations on existing platted lots should not be approved. He stated that the regulations are unfair because under the current code. builders can do whatever they want. Dominic Mauriello, Avon resident, stated that the better forum for discussing changes to the Code would be next week at Council. He further stated that the policy decision should have been addressed prior to the recommendation of approval. He questioned how many times the policy was overlooked since it was adopted in 1991. He questioned the process and if the change would be required for new applications. Commissioner Goulding stated that this board had no ability to change the existing code. Dave Dantas, Avon resident stated that he believes that the PZC can rescind their recommendation to approve the new Code. Commissioner Struve stated that he also believes the PZC can rescind their recommendation. Commissioner Patterson questioned the process of an emergency ordinance. Eric Heil read into the record the section of the code that regulates emergency ordinances. Commissioner Goulding stated that one option would be having the Council act on an emergency ordinance. He stated the other option would be for the PZC to move to rescind their recommendation, but still he would advise the Town Council to keep the status quo. Commissioner Patterson stated that he would advise not to rescind their recommendation due to the work put into the document, and even though not everyone will be happy with the new Code. He suggested that the PZC recommend modifications to Section 17.28.090 to Town Council for an emergency ordinance. Commissioner Prince stated that he was happy that people now care about the land use code updates. Commissioner Roubos stated that she would like to keep the process moving, but only to resolve the building permit issue and repeal Section 17.28.090, not rescind the PZC recommendation to approve the new Code. Commissioner Struve stated that the obstacle hinders development and that rescinding the PZC recommendation and revoking Sec 17.28.090 should be addressed by Council. Commissioner Green discussed the AIA views on code adoptions. He further stated that there are no moratoriums on development while new codes are adopted across the country. He felt that Sec 17.28.090 is archaic. Commissioner Goulding stated that 90% of the comments deal with the transition of the new Code. He stated that the best thing this body can do is to recommend to Council to amend the existing code. Commissioner Struve requested a second legal opinion on the PZC's ability to rescind their vote. Commissioner Green moved: "in the strongest terms possible, the Planning and Zoning Commission request that the Town Council adopt an emergency ordinance to allow: 2� 1. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code shall be reviewed on accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. 2. Furthermore, Section 17.28.090 of the existing Municipal Code is repealed." Commissioner Struve seconded the motion and said he would like to modify the motion as follows: "in the strongest terms possible, the Town Council should adopt an emergency ordinance to:: 1. Allow any complete application that has been submitted for approval prior to the effective date of the Avon Development Code shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. 2. Repeal Section 17.28.090 of the existing Municipal Code." Commissioner Goulding questioned the two sections relevant to the suspension of building permits. He stated section 17.28.040(b) also allows the town to revoke permits. He suggested that this section be included in the revocation of the existing code. Commissioner Green suggested the following language to be added, "Section 17.12.040(b) of the existing Municipal Code be repealed." Commissioners Greene and Struve agreed to the addition to the motion. It passed with a 6 -0 vote. b. Dominic Mauriello stated that the he knew he was expressing an unpopular position, but felt that he wanted the PZC to understand "why didn't they know about Sec 17.28.090 before they recommended adoption of the new Code ? ?" VIII. Adjourn The meeting was adjourned at approximately 7:40 pm. z�g EXHIBIT E WRITTEN PUBLIC COMMENTS RECEIVED AS JULY 23, 2010 27 Page 1 of Matt Pielsticker From: lerich@comcast.net Sent: Saturday, July 17, 2010 2:47 PM To: Matt Pielsticker Subject: P &Z Regs - Lot 21 Block 3 Hello Matt, I hope all is well. I read the minutes from the last meeting where new P &Z design regs were considered. A few months ago you and I briefly discussed the impact of further regulation. Specifically to Lot 21 Block 3. 1 have the following comments. You have on record the design for the single family house I designed and which had been approved. I believe you recall the constraints of that site. The only logical and safe place to access the site was at the north end, and the slope from east (uphill) downward to Wildridge Road was about 1:2. The site itself is somewhat imposing when one stands on the road and looks up hill to the east. The Wildridge Road cut created a wall of earth on the site, which if you are driving is what you see, not the hill or site. One has to make a conscious effort to turn the head 90 degrees and look up if you are driving to see the site. If a house were built that would no change. When one drives up the road because of the turn, and the steep road cut into the hill, one does not turn the head 90 degrees to look at the site, unless they want to run off the road. One might sense that a structure is there but the road cut is all you see, not the uphill or a house that might be on the site. The designed and approved house was about 80 feet long running with the site contours. It was also "buried" into the hill and met height regs. The P &Z goal to minimize site disturbance and the practicality /economy to build on the site "encouraged" the house to be close to the set back at the road and be linear. It was at the height limits and I would not deny it would make an "impression ", IF you turned your head 90 degrees. and then looked UP above the road cut. Please take a ride up there and you will see that for yourself. The minutes indicate that there should be further restriction upon the house length along the road and more restrictive height limits. The natural site constraints "force" a long design. The lot is zoned for a duplex. The logical response is a long side by side duplex. If you tried to put a side by side duplex in 80' (which is what the single house was) then to make reasonable 3 bedroom houses with garages they would have to be 3 stories. The proposed regs would make that impossible without stepping up hill and disturbing the site. Now further regs are proposed on height. When one combines a limit on road frontage length of the house, more restrictive height limits, minimization of site disturbance uphill, and this site's access limits the regs are approaching being so restrictive so as make it almost unbuildable for a reasonable three bedroom home, let alone side by side duplexes. 7/22/2010 .� ., Page 2 of To my mind it is so restrictive to be close to "taking of the property" and regulated into being undevelopable. The problem is that this is a pretty unique situation on Wildridge. I know of no other long narrow lots which, even without a house are imposing from the road. I am requesting some consideration of the site's unique constraints which if more restrictive P &Z Design Regs are added make it much harder to develop a difficult site, if not almost impossible to develop marketable homes. It is a matter of great concern to me. Most respectfully and sincerely yours, Erich 7/22/2010 3) Avon Development Code July 11, 2010 David Dantas Notes for Discussion We should not be writing codes that create non conforming uses of the majority of the existing development in the residential areas. By doing this additional expenses will be created both by Town and the property owners. Town staff will have a much larger job evaluating remodels, redevelopment and new development. Page 56. 10 acre minimum PUD requirement outside Town Core. 1. How can large changes be made that have not been contemplated in the code? 2. Why any minimum? 3. Not a direction by Council 88. Leave single family detached in as special review use 144 -145 3iii Majority of residences do not conform, why change to 45' radius -very large? 147 Access Table- 20' perpendicular to Right of Way not practical. A large percent of existing properties will not conform. Creates unbuildable properties when combined with 6' maximum change in grade 174 Landscape units 1. What community uses this table 2. Does it take into account our dry climate 3. What current buildings satisfy these requirements 187 Retaining Walls 1. Why only two tiers? 191 40% slope conflicting zoning versus new code 1. Precedent set in Wildridge that development can occur on steep slopes a. to change would be a taking S 192 Roof overhangs on dormers to be less than 1.5' for the main roof forms 1. Smaller element keep in proportion. 193 30' continuous roof line too small make 45' 193 Wildridge Single Family and Duplex 1. Approximately 15% left to full build out 2. Why make significant changes to penalize undeveloped property owners 3. Incentivize owners to make changes desired 194 Overall maximum height of 45' 1. What buildings are over this height today? a. how will they be dealt with in case of redevelopment or addition /remodel 197 -8 Town homes-Si ngle width parking configurations for 50% of units 1. Creates less desirable properties 201 Front Load Garages less than 35% of front facade 1. Is this linear or total front square footage a. recessed 4' extra cost? not needed 203 Mixed use 16' ceiling height, Is this excessive? 210 1.5' over hang- dormers? 211 Pedestrian level 75% glass? 211 L3 -10 square foot maximum individual pane size on upper level commercial 1. 2 x 5 window max.? seems very small 213 2 . slopes over 30% appeal to director? 214 3i. 40% slope, platted lot with zoning, building setbacks 3b. minimum lot size, why? 3d. 6' maximum lowering or raising of grade 1. makes lots unbuildable 2. Where is this coming from? 269 Building envelopes 7i more 40% slope regulations? Iii 80'x 80' minimum building envelope? 1. Hurd Lane Lot sizes? Some are narrower than this. 2. Discourages patio home /cluster, high density development 3. P &Z actions do not promote this change. Where is council? 3Z EXHIBIT F HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 22, 2010 SUBJECT: Avon Development Code: Process for Adoption; Discussion of Section 7.04 General Provisions, 7.32 Annexation and Disconnection and 7.40 Areas and Activities of State Interest Summary: This memorandum explains various issues related to the draft Avon Development Code ( "Development Code "), Section 7.04 General Provisions, Section 7.32 Annexation and Disconnection, and 7.40 Areas and Activities of State Interest. The focus of this memorandum is to outline the process for adoption of the Code, explain the impact of the Code to pending and approved applications, address the supplemental recommendation from the Planning and Zoning Commission and highlight changes from the existing Code. Process for Adoption: Adoption of the Avon Development Code is governed by Chapter 17.28 of the existing Avon Municipal Code ( "Existing Code "). The Existing Code also provides that the subdivision regulations in Title 16 may be amended however, Section 16.04.90 does not provide any standards or procedures for such amendments. No changes or amendments are proposed for the zoning district map at this time, therefore, only the procedures related to amendments to the text of the zoning code apply. The Planning and Zoning Commission must conduct a public hearing on proposed zoning text amendments and must provide a recommendation to the Town Council.' The Town Council shall conduct a hearing after receiving the recommendations of the Planning and Zoning Commission .2 "Following the required hearing" and after considering comments, the Town Council shall approve, approve with conditions or deny the application, in whole or in part .3 The Town Council shall hold a hearing, "no later than thirty (30) days following the Planning and Zoning Commission action. "4 Amendments to the Existing Code and adoption of the Development Code is a legislative act and must be in the form of an ordinance pursuant to Avon Home Rule Charter ( "Charter") Section 6.1. The Town Council is required to conduct a public hearing on an ordinance after first reading, Charter Section 6.5. Note that Section 17.28.050(b) requires Council to conduct a public hearing within thirty (30) days of the Existing Code Section 17.28.050 2 Existing Code Section 17.28.060 3 Existing Code Section 17.28.060(b) 4 Existing Code Section 17.28.050(b) Heil Law & Planning, «C 1499 Blake Street, Unit 1 -G Denver, CO 80202 Eric Heil, Esq. A.I.C.P. Tel: 303.975.6120 eheil @avon.org ��Y Avon Town Council RE: Avon Development Code July 22, 2010 Page 2 of 3 Planning and Zoning Commission action and Council must conduct a public hearing for second reading of any ordinance. Council is not required to take action to adopt first reading of an ordinance at the first hearing scheduled for July 27, 2010. Council may continue first reading and continue any public hearings on either first reading or second reading provided that the Council announces the time, date and location for the continued hearing at each meeting. Changes in Chapter 7.04 General Provisions: There are numerous revisions in Chapter 7.04 General Provisions from the Existing Code. These changes are high- lighted as follows: §7.04.020 Authority. Language expands references to land use regulatory authority to include all relevant statutory citations. §7.04.030 Purposes. Language was revised to clarify and modernize the purposes of the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were consolidated. NOTE that courts support considering "purpose language" when interpreting and applying code provisions. §7.04.040 Interpretation. Language was revised to incorporate additional rules for interpretation, including language from Colorado Model Land Use Code. NOTE that §7.04.040(m) provides that the interpretation of the Director may be appealed to Town Council. §7.04.070 Applicability to Public Agencies. This is the same language as is currently in 17.04.080. NOTE: as written, the Development Code applies equally to all activities of the Town of Avon. By law, the Town may exempt itself from the application of its own municipal land use regulations, however, such exemption must be stated in the code. §7.04.100 Fees. This section provides a significant change to the Existing Code because it proposes a "pass through" fee account system whereby the Applicant must maintain a positive account balance and pay all costs associated with reviewing and processing a development application. The intent and effect of this change is that reviewing development applications would be "revenue neutral' for the Community Development Department. Identification of unusual costs or required studies would occur at the pre - application conference. The adoption of defined standards and procedural requirement enables applicants to submit complete applications which meet the criteria for approval and which should minimize town review costs. §7.04.190 Enforcement Authority and Procedures. This provision was expanded to define enforcement procedures for non - emergency and emergency violations, §7.04.190(c). §7.04.200 Enforcement Actions and Remedies. Language was added to define the ability of the Director or Town Attorney to enter into "compliance agreements" to resolve 3S_ Avon Town Council RE: Avon Development Code July 22, 2010 Page 3 of 3 code violations. The ability to approve "compliance agreements" already exists in the context of settling municipal court violation action. The ability to enter into compliance agreements administratively provides an option that reduces costs and expedites resolution of code violations. Chapter 7.36 Annexation and Disconnection. Chapter 7.36 adopts procedures for annexation and disconnection of property into or out of the Town of Avon. These regulations track the Colorado Model Land Use. Chapter 7.40 1041 Regulations. Chapter 7.40 adopts regulations for Areas and Activities of State Interest, otherwise known as 1041 regulations. These regulations are authorized pursuant to Colorado Revised Statute §24- 65.1 -101 et seq. As proposed, the 1041 Regulations would apply to site selection of arterial highways, interchanges and collector highways and to water and sewage treatment systems. Town Staff desires to review the 1041 Regulations with the Eagle River Water and Sanitation District and Upper Eagle River Water Authority to better understand the effect of this regulation. A more thorough presentation by staff is proposed for the August 10, 2010 Town Council meeting. Thanks, Eric 3 � EXHIBIT G TOWN OF AVON, COLORADO ORDINANCE NO. 10 -14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; and and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh Page 1 of 4 31 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh Page 2 of 4 sag Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . [signature page follows] Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh Page 3 of 4 39 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 10, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 27, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on 32010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -14 Adopting Avon Development Code 7 -22 -10 ejh Page 4 of 4 II HEIL LAW & PLANNINC, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 22, 2010 SUBJECT: Avon Development Code: Effect on Pending and Approved Applications Summary: This memorandum explains the effect of the existing zoning regulations and the proposed Development Code on pending and approved applications and addresses a supplemental recommendation from the Planning and Zoning Commission. Effect on Pending and Approved Applications: The amendment of existing land use regulations necessarily affects pending applications and approved development permits which have not yet been acted upon. There are three considerations for determining and applying the effect on pending and approved applications: (1) the provisions in the Existing Code, (2) the provisions in the proposed Development Code, and (3) the law in Colorado concerning pending applications and vested rights. (1) Existing Regulations: Existing Code sections 17.12.040(b) and 17.28.090 address approved development permits and pending applications. Existing Code section 17.12.040(b) follows the general law in Colorado. Existing Code section 17.28.090 adopts the "pending ordinance doctrine" only to the extent of suspending the issuance of building permits. The two sections are reprinted below for your convenience. 17.12.040 Revocation and invalidation of permits. (b) No permit issued pursuant to this zoning code shall remain in force and effect if the use or structure authorized therein becomes nonconforming; provided, however, if, subsequent to and in reliance upon the issuance of the permit, an applicant has so substantially changed his or her position or incurred extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired by issuance of the permit, then such permit shall not be invalidated and the approved development shall be allowed to proceed to completion if not otherwise unlawful. Heil Law $ Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil @avon.org Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 2 of 9 17.28.090 Temporary suspension of building permits. Whenever the Town Council or the Planning and Zoning Commission has properly initiated proceeding to amend the text of the zoning code or the zoning district map pursuant to the provisions of this Title, and the Planning and Zoning Commission has, subsequent to the public hearing, adopted a resolution recommending to the Town Council approval of such amendment, no building permits shall be issued by the Town Building Administrator which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Planning and Zoning Commission resolution; provided, however, if the Town Council should, by resolution, refuse to further consider such amendment, or if an ordinance adopting the proposed amendment, or an amendment substantially similar to the proposed amendment, has not been passed by the Town Council pursuant to law within the one -year time period, all building permits applied for during such period, which otherwise conform to the existing zoning regulations, shall be issued, provided the building permit application meets all other regulations of the Town in effect at the time. Existing Code sections 17.12.040(b) and 17.28.090 relate to each other because section 17.12.040(b) provides that a building permit or other permit can be invalidated if such permit is not in compliance with a newly adopted zoning provisions. Therefore, section 17.28.090 properly prohibits the issuance of a building permit which is inconsistent with zoning amendments recommended for adoption by the Planning and Zoning Commission. Under the Existing Code, the only permits which may retain their validation even if inconsistent with new code regulations include permits with statutory vested property rights (i.e. vested property rights approved by ordinance in accordance with Chapter 17.14) and permits with common law vested property rights in which the applicant has incurred substantial investment in reliance upon the permit. (2) Proposed Development Code: The proposed Development Code has more extensive provisions which govern the application of the new Development Code to pending applications and approved development permits. The relevant sections are reprinted for your convenience as follows: 7.04.100 Transition to Avon Development Code (a) Purpose. The purpose of this Section is to clarify the status of properties with pending applications or recent approvals, as those terms are used below, and properties with outstanding violations, at the time of the adoption of the Development Code. (b) Effective Date. The provisions of the Development Code became effective on [INSERT EFFECTIVE DATE]. Development plans approved under previous regulations that received vested property rights by approval of the Town Council by ordinance shall be valid for the duration of that vested property right provided that all 2 Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 3 of 9 terms and conditions of such vested right approval are followed. Existing legal uses that may become nonconforming by adoption of this Development Code shall become legal nonconforming uses subject to the provisions of this Section. (c) Violations Continue. Any violation of the previous Titles 16: Subdivision, and 17: Zoning, shall continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Chapter. (d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and preliminary PUD approvals granted prior to the effective date of the Development Code shall be considered as approved pursuant to the Development Code. Final approvals shall be required to comply with the application submittal requirements and development and design standards contained in the Development Code unless specific conflict provisions or standards were approved with a vested right by the Town by ordinance. Final approvals shall be reviewed according to the review criteria contained in this Development Code. Preliminary subdivision and PUD approvals granted under the previous regulations shall be valid for two (2) years from the date of approval unless a vested right providing a longer period was granted by the Town Council by ordinance. Failure to obtain a final plat or plan approval in the allowed time shall result in the expiration of the preliminary plan. (e) Future Subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for resubdivision into smaller tracts, lots, or building sites when originally approved, shall comply with all provisions of the Development Code. (f) Projects with Final Approval. Development projects with final approval that are valid on [INSERT EFFECTIVE DATE], shall remain valid until their termination date. Projects with valid approvals or permits may be completed in conformance to the development standards in effect at the time of approval. (g) Active Building Permits. Any building or development for which a building permit was granted prior to [INSERT EFFECTIVE DATE] shall be allowed to proceed to construction under the regulations in place when the building permit was issued. If the development for which the building permit is issued prior to [INSERT EFFECTIVE DATE] fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall comply with the requirements of the Development Code. (h) Violations, Enforcement, and Penalties. A use, structure, or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful and conforming as of the effective date of the Development Code if it conforms to all of the requirements of the Development Code. Payment shall be required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under the Development Code. 3 Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 4of9 7.16.040(d) Temporary Suspension of Development Approvals. Whenever the Council has initiated an application to amend the text of the Development Code, no development application may be approved nor building permit issued which does not comply with the regulations, standards, or permitted uses set forth in the proposed amendment. The date of such temporary suspension shall begin on the day that the proposed amendment is in a complete ordinance form and is made available to the public. The temporary suspension shall remain in effect for a maximum duration of six (6) months. The proposed Development Code establishes additional property rights protection because section 7.04.100 provides that the Town will not invalidate any final development approval (including Final Design Review approvals) and will not invalidate building permits issued before the effective date of the Development Code even if such approvals are inconsistent with newly adopted regulations. Also, proposed Development Code section 7.16.040(d) amends the trigger on temporary suspensions to rely upon Council action and introduction of an ordinance and reduces the potential time for Town Council to consider a text amendment to a code from 1 year to 6 months. As a Home Rule Community, Avon has broad legal authority to adopt regulations governing the transition from an existing code to a new code. Section 7.16.040(d) basically follows a provision for county planning authority which allows temporary suspension of permitting without conducting a public hearing for a period of 6 months.' (3) Colorado law: Colorado courts have recognized that a municipality may adopt and apply new regulations to pending applications or approved development permits if no property rights have vested with the application or approval .2 "[The] authority to enact a zoning resolution, and thereby restrict the use of property, exists even though an application for a license involving that use is pending, the only proviso being that the Board had not unreasonably or arbitrarily refused or delayed issuance of the license." Crittenden v. Hasser, 585 P.2d 928 (Colo.App. 1978). Crittenden involved a liquor license which was submitted after a zoning amendment application was initiated. The County enacted new zoning which prohibited liquor sales on the subject property, then denied the liquor license application on the basis of the newly enacted zoning one month later. The Court in Crittenden recognized that the zoning resolution was pending at the time that the application for a liquor license was made. C.R.S., §30 -28 -121. Temporary regulations. The board of county commissioners of any county, after appointment of a county or district planning commission and pending the adoption by such commission of a zoning plan, where in the opinion of the board conditions require such action, may promulgate, by resolution without a public hearing, regulations of a temporary nature, to be effective for a limited period only and in any event not to exceed six months, prohibiting or regulating in any part or all of the unincorporated territory of the county or district the erection, construction, reconstruction, or alteration of any building or structure used or to be used for any business, residential, industrial, or commercial purpose. 2 See City of Aspen v Marshall, 912 P.2d 56 (Colo. 1996). N Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 5 of 9 Colorado courts have also considered the ability to deny an application based on noncompliance with pending regulations, known as the "pending ordinance doctrine." The pending ordinance doctrine is stated as follows: The "pending ordinance doctrine" provides: A municipality may properly refuse a building permit for a land use repugnant to a pending zoning ordinance, even though application is made when the intended use conforms to existing regulations, and even though the application is made a considerable time before the enactment of the pending ordinance, provided the municipality has not unreasonably or arbitrarily refused or delayed the issuance of a permit, and provided the ordinance was legally "pending" on the date of the permit application. 8 Eugene McQuillin, The Law of Municipal Corporations § 25.155, at 691 (3d ed. 1991) (footnotes omitted). The Colorado Supreme Court in City of Aspen acknowledged the "pending ordinance doctrine," but did not adopt this doctrine. The Colorado Appellate Court previously rejected the pending ordinance doctrine by stating, "As a general rule, the mere pendency of a zoning amendment at the time that an application for a permit is made does not furnish a proper basis upon which to deny that application. In such instances, the issuance of the permit may be compelled by mandamus." 3 However, the Appellate Court went on to explain that the right to issuance of a permit does not equate to a vested right that such permit may not be revoked, "The present majority rule is that a landowner does not acquire a constitutionally protected vested right simply by the issuance of a permit. Rather, in order for the rights granted by a permit to vest, the permittee must take substantial steps to exercise those rights in reliance on the permit before the effective date of any new legislation that may affect those rights." The Appellate Court has found that substantial reliance on a permit would require at least excavation and foundation work. However, there is no fixed formula for determining whether or not a common law right has vested.4 The Existing Code section 17.28.090 essentially adopts and applies the pending ordinance doctrine to building permits in the Town of Avon. Generally, the issuance of a building permit alone does not give a vested property right. In Cline v City of Boulder, 450 P.2d 335 (Colo. 1969), a property owner received a building permit for a gas station by Boulder County, then upon forcible annexation by 3 Gramiper v County of Pitkin, 794 P.2d 1045 (Colo.App. 1989) 4 Villa at Greeley v. Hopper, 917 P.2d 350 (Colo.App. 1996). R Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 6 of 9 the City of Boulder as an enclave, the City of Boulder zoned the property and revoked the building permit for the gas station on the basis that the use was not permitted by the zoning adopted by the City. The Colorado Supreme Court upheld the revocation of the building permit in stating the following: 'The general rule is that permits for buildings and businesses are not per se protected against revocation in effect by subsequent enactment or amendment of zoning laws prohibiting the building, business or use for which they have been issued. That is to say, a municipality may revoke a permit where zoning is enacted or changed to prohibit the use and where the permitee has not materially changed his position in reliance on the permit. * * *' 8 McQuillan, Municipal Corporations § 25.156 (3d ed. 1965). In Summary, the Existing Code and the proposed Development Code contain provisions which attempt to define and clarify the application of these doctrines to pending applications and approved development permits. Council should also be aware that municipalities generally have the authority to impose temporary restrictions or moratoriums on development applications and permitting for planning purposes for up to two years and may impose such restrictions as an emergency ordinance (as the Town did with medical marijuana dispensaries through the adoption of Ordinance No. 01 -10).5 Clarion Associates proposed language in their first draft which would have granted the right to all development applications to be processed and approved under the Existing Code if such applications were submitted prior to the adoption and Effective Date of the Development Code by the Town Council. The language is reprinted below for your convenience and consideration. 16.01.90 (d) Applications Commenced or Approved Under Previous Ordinances (1) Pending Applications (i) Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision - making body prior to the effective date of the Unified Code, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete unless the applicant requests otherwise pursuant to paragraph (ii), below. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of the Unified Code. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. (ii) An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior 5 See Droste v BOCC County of Pitkin, 159 P.3d 601 (Colo.2007); Dollacrhan v County of Boulder, 749 P.2d 444 (Colo.App.1987), Deighton v City Council of Colorado Springs, 902 P.2d 426 (Colo.App. 1994). ZA Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 7 of 9 to the effective date of the Unified Code, may request review under the Unified Code by a written letter to the Director. Planning and Zoning Commission Supplemental Recommendation: The Planning and Zoning Commission expressed significant concern regarding the imposition and effect of Existing Code section 17.28.090 at their last meeting on July 20, 2010. Commission members stated that they were not aware of Existing Code section 17.28.090 and would not have made any recommendation on the Development Code until the Council repealed this section to avoid the imposition of any temporary suspension of building permits. The Commission asked if they could rescind their recommendation on July 6, 2010. My legal advice was that I did not believe they had the authority to rescind their recommendation and "undo" the effect of Section 17.28.090, but that I would research that matter further. I did advise the Commission that they could provide a supplemental recommendation to the Town Council with regard to the adoption of the Development Code. The Planning and Zoning Commission members present voted unanimously to recommend that the Town Council repeal Sections 17.28.090 and 17.12.040(b) of the Existing Code and allow all pending applications and applications submitted prior to the Effective Date of the Development Code to be processed under the Existing Code. The motion by the Planning and Zoning Commission is as follows: "In the strongest terms possible, the Planning and Zoning Commission recommends that Town Council adopt an emergency ordinance to allow: 1. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application. 2. Section 17.28.090 and Section 17.12.040(b) of the existing Municipal Code be repealed." Council Options: Council has the discretion to adopt regulations that address the status of pending applications and approved developments. The following options exist: 1. Follow Existing Code provisions (New Development Code requirements and standards can be applied to pending applications after recommendation by Planning and Zoning Commission. Development Permits can be invalidated if (1) inconsistent with new Development Code and (2) the permit holder has not substantially relied upon permit or incurred extensive obligation. 2. Follow new Development Code provisions (New Development Code requirements and standards can be applied to pending applications after a formal ordinance is introduced to public. Active building permits and projects with final I Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 8 of 9 approval as of the Effective Date of the Development Code have a vested right for the duration of such permit and may not be invalidated. The duration of permits is generally two years unless otherwise provided). NOTE. This approach avoids a race to submit applications to "beat the clock" but does honor existing building permits and final approvals issued by the Town. 3. Allow all applications submitted prior to adoption of new Development Code to be processed and reviewed in accordance with Existing Code (Clarion model). NOTE. This is the option which the Planning and Zoning Commission recommends in the strongest terms possible. This approach may result in a race to "beat the clock" where property owners seek to avoid requirements of the new Development Code by submitting applications prior to final adoption. 4. All applications which were submitted prior to presentation of the May 28, 2010 public hearing draft submitted to the Planning and Zoning Commission to be processed under Existing Code and applications submitted after such date to be processed under. Active building permits and final development approvals would not be invalidated. NOTE. This is a hybrid approach which would avoid a race "to beat the clock" but would treat pending and approved applications fairly. Other trigger dates to consider for adoption include the July 6, 2010 Planning and Zoning Commission recommendation date, the July 23, 2010 date in which an ordinance was made available to the public (this follows the language of the proposed Development Code), or the July 27, 2010 Town Council First Reading and Public Hearing Date. RECOMMENDATION: Sections 7.04.100(f) and (g) of proposed Development Code would validate, honor and grandfather final development approvals and building permits issued prior to the effective date of the new Development Code. This provision is a change from the Existing Code which would automatically invalidate approvals and permits that did not comply with new regulations. If this is the direction which Council believes reflects the appropriate policy for Avon, then Council could consider an emergency ordinance to exempt Final Design Review and other Final Development Plan approvals and active building permits from the effect of sections 17.28.090 and 17.12.040(b) in the Existing Code. Emergency Ordinance: A draft of an Emergency Ordinance as requested by the Planning and Zoning Commission is presented for your consideration. An alternative draft is also presented which follows the language in the new Development Code. Section 6.6 of the Avon Home Rule Charter provides that an emergency ordinance may be adopted at one Council meeting by the "unanimous minus one vote of the Councilmembers present." Section 4.1 defines "Council' as all seven members, including the Mayor and Section 4.3 provides that the Mayor is elected from amongst the Councilmembers; however, Section 4.4 provides that the Mayor shall have no power to vote except in cases of tie votes. As applied, the "unanimous minus one vote of the Avon Town Council RE: Effect on Pending Applications and Approved Permits July 22, 2010 Page 9 of 9 Councilmembers present" effectively means that all Councilmembers present besides the Mayor must vote in favor of the passage of an emergency ordinance. If an Emergency Ordinance is adopted on July 27, 2010, such ordinance would be effective 8 days after passage, or August 4, 2010. The Emergency Ordinance can also be adopted as a regular ordinance, in which case if second reading were passed on August 10, 2010, then the effective date would be August 17, 2010 (7 days after passage). Planning and Zoning Commission Authority to Rescind Recommendation: The Planning and Zoning Commission ask for a legal opinion regarding their authority to rescind their recommendation on July 6, 2010 and to effectively "undo" the imposition of a temporary suspension of building permits imposed by Section 17.28.090. The Existing Code section 2.16.070 states that the Commission shall operate in accordance with its own rules of procedure which have been reviewed and approved by the Town Council. Upon investigation with the Community Development Department, the only rules of procedure adopted by the Commission are the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, adopted November 6, 2001 and revised through September 25, 2007 ( "Design Review Guidelines "). The Design Review Guidelines do not address rules of procedure for making motions or rescinding motions by the Planning and Zoning Commission. Therefore, the Planning and Zoning Commission does not have the authority to rescind a motion if such procedure has not been adopted by the Planning and Zoning Commission and the Town Council. Requested Council Action: Consider adoption of an Emergency Ordinance as recommended by the Planning and Zoning Commission or adoption of an Emergency Ordinance to immediately implement the proposed Development Code regulations concerning applicability to pending applications and active approvals. The Emergency Ordinances are attached to this memorandum. Thanks, Eric I TOWN OF AVON, COLORADO ORDINANCE NO. 10 -15 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY REPEALING SECTIONS 17.12.040(B) AND 17.28.090 AND ENACTING SECTION 17.12.025 WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing approved development and building permits and which permits all applications to be reviewed according to the ordinance and regulations existing at the time such applications are submitted; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that due to the severe slowdown in national, regional and local economic conditions the validation of existing development and building permits and ability of pending development applications to proceed efficiently and without delay is essential to avoiding the exacerbation of adverse economic conditions or delay in improvement of economic conditions, and therefore finds that the adoption of this Ordinance as an emergency ordinance is immediately necessary for the preservation of the public peace, health, safety and welfare of the Avon community; and WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule Charter. Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. Section 17.12.040(b) and Section 17.28.090 of the Avon Municipal Code is hereby repealed in their entirety. Section 3. Enacted. Section 17.12.025 Applications is hereby enacted to read as follows: "17.12.025 Applications. Any complete application that has been submitted for approval prior to the effective date of the Avon Development Code or any amendment thereto, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. Any re- application of an expired project approval shall meet the standards in effect at the time of re- application." Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect eight days after passage in accordance with Section 6.6 of the Avon Home Rule Charter. Section 7. Safetv 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 Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh Page 2 of 4 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 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . [signature page follows] Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh Page 3 of 4 12 INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS AN EMERGENCY ORDINANCE on July 27, 2010. ATTEST: Ronald C. Wolfe, Mayor APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney Ord 10 -15 Emergency Ordinance PZC Version 7 -22 -10 ejh Page 4 of 4 t3 TOWN OF AVON, COLORADO ORDINANCE NO. 10 -15 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY REPEALING SECTION 17.12.040(B) AND AMENDING SECTION 17.28.090 WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, and Article 23 Planning and Zoning of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code and adopt provisions which validates all existing approved development and building permits and which permits all applications to be reviewed according to the ordinance and regulations existing at the time such applications are submitted; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code, the Avon Town Council held a public hearing on July 27, 2010 and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that due to the severe slowdown in national, regional and local economic conditions the validation of existing development and building permits and ability of pending development applications to proceed efficiently and without delay is essential to avoiding the exacerbation of adverse economic conditions or delay in improvement of economic conditions, and therefore finds that the adoption of this Ordinance as an emergency ordinance is immediately necessary for the preservation of the public peace, health, safety and welfare of the Avon community; and WHEREAS, this Emergency Ordinance is adopted by the unanimous vote of the Councilmembers present minus one in accordance with Section 6.6(a) of the Avon Home Rule Charter. Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh Page 1 of 4 IT NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. Section 17.12.040(b) of the Avon Municipal Code is hereby repealed in its entirety. Section 3. Amended. Section 17.28.090 Temporary Suspension of Building Permits is hereby enacted to read as follows: "17.28.090 Temporary Suspension of Development Approvals. Whenever the Council has initiated an application to amend the text of the Code, no development application may be approved nor building permit issued which does not comply with the regulations, standards, or permitted uses set forth in the proposed amendment. The date of such temporary suspension shall begin on the day that the proposed amendment is in a complete ordinance form and is made available to the public. The temporary suspension shall remain in effect for a maximum duration of six (6) months." Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect eight days after passage in accordance with Section 6.6 of the Avon Home Rule Charter. Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh Page 2 of 4 !,S Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain . [signature page follows] Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh Page 3 of 4 1(P INTRODUCED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS AN EMERGENCY ORDINANCE on July 27, 2010. ATTEST: Ronald C. Wolfe, Mayor APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney Ord 10 -15 Emergency Ordinance Dev Code Version 7 -22 -10 ejh Page 4 of 4 1.1 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Robert L. Ticer, Chief of Police From: Greg Daly, Lieutenant Date: July 15, 2010 Re: Memorandum of Understanding for the Use of Radio infrastructure owned by Eagle County. Summary: The Town of Avon utilizes the radio infrastructure created by and maintained by the Eagle County Commissioners. Police, Public Works, Rec Center and Transit utilize radios that are served by the Eagle County owned radio towers. TOA participated in an Inter Governmental Agreement in the past with the County Sheriff regulating usage and cost for participating in the radio system. The current IGA is out of date since 2004. The Sheriff handed responsibility for the radio system over to the County in 2002/3. That IGA is being replaced by an updated Memorandum of Understanding. It is an MOU because not all user agencies are governmental entities. Background: The current radio infrastructure costs approx $500k to maintain on an annual basis. This $500k will contain a small reserve for unforeseen expenditure and capital replacement issues. The cost is divided amongst the 38 user agencies currently on the system. There are 14 prime user agencies with the 38 agencies. Avon is considered one of the prime agencies. In 2010 this costing structure has changed. The county requires a sustained method of equitably sharing the cost amongst user agencies. The main principle for this costing structure is based on actual usage of the radio system by the user agencies. For Town departments it increased the costs for PD from $12,350 to $21,360 Transit/Fleet from $7,150 to $9,720 And slightly reduced PW /REC from $15,600 to $13,958 Note: These figures may be subject to slight variance. Discussion: In the past the costing structure was calculated by estimating the yearly cost and dividing that amount by the number of radios in the county (Both hand held and vehicles). Agencies trying to address budget restraints decided to take radios off the system in an attempt to save costs. However the cost of running the system is a fixed cost, so it has caused funding issues. This new costing matrix has been created after a comprehensive analysis of the current requirements and future needs of the county wide radio infrastructure. The costing matrix factors in a flat rate based on agency size, subscriber maintenance costs based on number of radios and actual radio usage. The MOU also identifies an executive committee and a technical operations committee which will provide Avon with voting rights. The future cost of the system is currently being reviewed. There have been significant cost savings in re negotiation of leases. There have been synergies with Holy Cross Energy who operate 3 sites for their use. Also if and when the county migrates to a state digital system, we will not have to continue to maintain 3 sites that are currently located outside Eagle County but are serving Eagle County. The digital system will. These site consolidations may reduce the sites from 13 to 8 for ongoing maintenance. There was a discussion at one point to hand over the sites to the State for it to maintain, but the State is primarily concerned with coverage along the 1 -70 corridor. This would provide coverage issues on Metcalf and behind the Seasons building in Avon, Use of the system is integral to the safety and security of our Town. We are centrally dispatched on this radio system. This system allows PD officers to interact with all EMS agencies in day to day operations. Financial Implications: The costing equation contained in the MOU has increased costs to the Town Of Avon. The costs for 2010 are $45,038 (includes all town departments). These costs were previously discussed and acknowledged and the increases have been factored into the current budget cycle. Recommendation: Staff recommends adoption of the MOU. Recommended Motion: I move to adopt the MOU between the Town of Avon and Eagle County for operation of the county wide radio system. Town Manager Comments: • Page 2 AGREEMENT FOR USE OF EAGLE COUNTY'S 800 MHz WIDE AREA SMARTZONE TRUNKED RADIO SERVICES THIS AGREEMENT ( "Agreement ") is made and entered into this _ day of , 2010, by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ( "County ") and ( "User Agency "). RECITALS WHEREAS, Eagle County has installed and maintained an 800 MHz radio system (the "System") and is offering non - exclusive access of the System to other organizations including governments, emergency service responders, and certain other special districts (all of which, together, shall be referred to herein as "User Agencies" as listed in Exhibit A); and WHEREAS, User Agency desires to use the 800 MHz System ( "System ") for intra jurisdiction and inter jurisdiction communications; and WHEREAS, in addition to permitting the User Agency access to the System, User Agency and County desire to establish terms and conditions that will govern the participating organizations use and access to the System; and WHEREAS, additional organizations may be granted access to the System when the Executive Committee determines that such access will be of benefit to the citizens and visitors of Eagle County. These additional organizations shall be referred to as "Cooperating Agencies" and the currently approved Cooperating Agencies are listed in Exhibit A. NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree as follows: ARTICLE I 1.1 Cooperating Agency: Agencies who do not use the System as their primary radio system but who do use the system to interoperate with User Agencies. 1.2 Executive Committee: A policy advisory group comprised of a representative from each of the User Agencies. 1.3 Steering Groups: Groups who provide technical and/or policy guidance for operation of the System. See Technical Operations and Executive Committee. 1.4 System Manager: An Eagle County employee, assigned by the Eagle County Manager, to provide day to day management of the System. 1.5 Technical Operations Committee: An advisory committee made up of any representative of agencies or entities who have an interest in the operation of the System. 1.6 The System: When the term "the system" is used in this agreement it is referring to the 800Mhz radio infrastructure which includes all radio transmitting and receiving sites and related equipment 1.7 User: Any individual operating radio equipment on the System. 1.8 User Agency: Any agency who is approved to have radio equipment operating on the System and who use it as their primary radio system. ARTICLE II TERM & TERMINATION 2.1 The initial term of this Agreement shall be the date set forth above through December 31, 2010. This Agreement shall automatically renew for one -year periods running from January 1 through December 31 of each consecutive year, unless this Agreement is otherwise terminated in accordance with this Agreement or unless either party gives the other written notice of its election not to renew no later than June 30 of the expiring term. 2.2 At anytime during the term of this Agreement, any party aggrieved of a material breach of this Agreement may serve on the other party a written notice describing the breach. If an attempt to cure the breach is not pursued within 30 days after the delivery of the notice, this Agreement shall automatically terminate. 2.3 Upon termination of this Agreement, the User Agency shall immediately reprogram all of its radios containing County template programming and SmartZone system parameters from its equipment at its sole expense. Such reprogramming must be performed by Motorola or a service provider approved by the System Manager as defined in Article IV of this Agreement. 2.4 For government entities only; notwithstanding anything to the contrary contained in this Agreement, a government entity shall have no obligations under this Agreement after, nor shall any payments be made towards the System in respect of any period after December 31 of this Agreement's current year without an appropriation therefore by the government entity in accordance with a budget adopted in compliance with all or any of the applicable following laws: Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE III THE 800 MHz SYSTEM 3.1 The System is a radio communications system which allows defined multi jurisdictional User Agencies and Cooperating Agencies to communicate with one another throughout the geographic reach of the system. System communications depend upon antenna/transmitter- receiver sites which the County may lease and/or sublease from other entities. Said aforementioned sites may be subject to leases of real property which may expire or be terminated. In the event of an expiration or termination of a site lease, the System may become limited in its geographic reach in which case the antennas /transmitter - receivers may need to be relocated at the expense of the User Agencies and Eagle County. Furthermore, the System is subject to electromagnetic and meteorological disruption and to electronic and mechanical failure. The County cannot and does not guarantee the operability of the System as a whole or in F? any part of its geographic reach; however, the County will use its best efforts to maintain the System. 3.2 The County at the County's discretion will from time to time continue to improve the System. The County will seek input from the Steering Groups regarding any recommended improvements. 3.3 The System shall be used exclusively by organizations that conduct operations as, or directly affiliated with, public safety organizations, including but not limited to police activity, code - enforcement, fire, and emergency & disaster response. 3.4 Any failure, impairment, delay, interruption to the use of the System due to an Act of God or due to any other causes beyond the direct control of the County, shall not constitute a breach of this Agreement and the County shall not be liable for any injuries, damages, or losses of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or interruption. 3.5 By entering into this Agreement, User Agency accepts the System AS IS, as it presently exists subject to the foregoing limitations. ARTICLE IV THE 800 MHz SYSTEM STEERING GROUPS 4.1 The County will establish the 800 MHz Executive Committee ( "Executive Committee ") for the purposes of assisting the County in administration of the System. The Executive Committee will consist of one designated representative from each User Agency. Cooperating Agencies will not be represented on the Executive Committee. Each User Agency shall submit the name of their designated representative to the System Manager, who is identified below in this Agreement, by January 31 st of each year. The Executive Committee may elect officers for this committee consisting of a Chair, Vice -Chair and Secretary. The County Finance Director, or his designee, shall serve as an advisor to the Executive Committee. The Executive Committee shall meet at least once per year to ratify the following year's budget recommendation to be made to the Eagle County Board of County Commissioners, and at other times at the request of the Executive Committee Chair, Board of Eagle County Commissioners, or in accordance with such bylaws as it may adopt. 4.2 The Eagle County Board of County Commissioners shall make all final budget decisions related to the Eagle County 800 MHz system. The System Manager will present a proposed budget to the Executive Committee no later than June 15'` of each year. 4.3 The Executive Committee shall also be responsible for coordinating with all User Agencies and Cooperating Agencies regarding necessary appropriations to cover unforeseen expenses. 4.4 There will be an 800 MHz Technical Operations Committee ( "Tech Ops Committee ") for the purposes of assisting the System Manager in planning for the multi jurisdictional operation of the System. The Tech Ops Committee will consist of representatives from the User Agencies and the Cooperating Agencies. The Tech Ops representatives shall elect positions for this group consisting of a Chair, Vice-Chair and Secretary. The Tech Ops Committee shall meet periodically in accordance with such bylaws as it may adopt, and subject to any request made by 3 the System Manager, the Executive Committee Chair, or the Board of County Commissioners. 4.5 The Executive Committee and Tech Ops Committee are advisory boards to the Eagle County Board of County Commissioners, and are not independent legal entities. ARTICLE V RADIO SYSTEM FEES 5.1 The Executive Committee will annually review the operating cost of the system and recommend the system budget to the Board of County Commissioners. User fees will then be determined for the following calendar year based upon the formula approved by the User Agencies in December of 2009, which formula is attached hereto as Exhibit `B" and incorporated herein by this reference. Recognizing that the costs and revenues from operation of the System must be incorporated into the annual County budget, and the annual budgets of all User Agencies, the Executive Committee will make its budget recommendation to the Eagle County Finance Director and all User Agencies by July 15th of each year, or as soon thereafter as is practicable. monthly 08% A.P.R.). Failure to remit payment within 90 days of the invoice date will be construed as a material breach of this agreement. ARTICLE VI SYSTEM COORDINATION 6.1 A "System Manager" shall be an Eagle County employee and shall be appointed by the Eagle County Manager. 6.2 The System Manager will take recommendations from the radio system Tech Ops Committee and will supervise and/or coordinate all work performed on the System. 6.3 Each User Agency shall designate a "Radio Coordinator" who will serve as the point of contact between the User Agencies and System Manager. A designation of the Radio Coordinator shall be made by notice in writing to the System Manager, and may be changed at User Agency's discretion by written notice to the System Manager. 6.4 The System Manager is responsible for reviewing and approving template designs for all User Agencies. 6.5 Neither a User Agency nor any employee, representative, agent or volunteer thereof may change talk group names, talk group functions, talk group aliases or any other programming without the recommendation of the Tech Ops Committee and the approval of the System Manager, who shall approve the change unless it will or may disrupt use or management of the System. 4 6.6 Only persons approved by the System Manger will be allowed to program a User Agency's radios and other equipment. ARTICLE VII EQUIPMENT 7.1 No equipment may be installed at any remote site, including the master site, by any User Agency without the express written consent of the System Manager. User Agencies, through user fees, support the operation and maintenance of remote site equipment. Remote site equipment includes, but is not limited to: antennas, transmission lines, RF repeaters, microwave and land - based transport and multiplexing equipment, power supplies and backup power generation and storage. Also included are the central zone controller, servers and interface equipment at the master site. The cost of maintenance, repair and regularly scheduled replacement of these components is a part of the system budget. It is possible that lightning, wildfire, wind, flooding or other natural events as well as arson, sabotage or other acts of man may cause significant damage to multiple pieces of equipment at a site, or render the entire site inoperable. Should this occur, and replacement cannot be funded from insurance or the general operating budget, an appropriation and special assessment may be requested by the System Manager and ordered by the Executive Committee. 7.2 User Agency is solely responsible for the compatibility of its equipment with the System, even if that equipment has been approved by the System Manager, whose approvals are not intended to and do not constitute a promise or warranty of compatibility. User Agency acknowledges that the System is proprietary technology, and that equipment by other manufacturers (and some Motorola equipment) may not be compatible. User Agency acknowledges that it has familiarized itself with the technical characteristics of the System and of the types of equipment compatible with it. 7.3 All radio units must be approved by the System Manager before they are used on or programmed for use on the System. ARTICLE VIII PROGRAMMING 8.1 Programming requires one radio template for each model of radio and each feature sets in that radio. All patches, permanent or temporary, to conventional (UHF/VHF) radio channels must be approved by the System Manager before they become operational, including patches controlled by Public Safety Electronics Banks, 800 MHz Control/Desktop Stations, Mobile and Portable Radios. ARTICLE IX SYSTEM RULES OF USE 9.1 FCC RULES Eagle County holds licenses from FCC for the operation of the System. User Agency and its employees, representatives, agents and volunteers shall comply with the all terms of the license and all federal, state, local laws, and orders and regulations with respect to the User Agency's E use of the System. 9.2 SCAN User Agency will use the Radio "SCAN" feature at its own risk. The County is not responsible for loss of radio traffic to the User's radio when using scan and roaming throughout the network. 9.3 DISABLING RADIOS It is possible for a User Agency's radio to "drag" voice traffic to a radio site, thus causing unnecessary power consumption and system loading. The System Manager reserves the right to disable a radio from one or more sites when the System Manager or Technical Operations Committee determines that a radio is having an adverse impact on the radio system. 9.4 INTERFERENCE After initial installation, should any interference result from the User Agency's operation of its equipment the County may order corrective measures which may include deactivating the equipment. Use and activities which are or may be causing the interference shall be deactivated as soon as practical but no longer than two (2) days after being notified by the System Manager. The User Agency shall be responsible and shall assume the cost of corrective measures needed to eliminate the interference to the satisfaction of the System Manager. ARTICLE X SECURITY 10.1 User Agency may not loan, issue or assign any radios on a permanent or temporary basis to any outside person(s) or organization without a written authorization by the System Manager. 10.2 No radio service software ( "RSS ") modifications can be made to the units or central electronics (CEB) consoles without the written approval of the System Manager. These modifications include the System ID number, control channels, connect tones, call alert parameters, secure parameters, emergency channels, as well as options in future RSS software releases not listed herein. User Agency will be responsible and will assume the cost of the corrective measures needed to eliminate System problems due to any unauthorized radio software modifications. ARTICLE XI MISCELLANEOUS 11.1 This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. 11.2 This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and User Agency. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or User Agency, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 2 11.3 If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. 11.4 This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and User Agency. This Agreement represents the full and complete understanding of County and User Agency and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and User Agency with respect to the subject matter contained herein. 11.5 The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 11.6 All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners ATTEST: By: Sara J. Fisher, Chairman Clerk to the Board TOWN OF AVON, by and through its Town Council ATTEST: By: Ronald C. Wolfe, Mayor Town Clerk 15 Exhibit A User Agencies Cooperating Agencies Eagle County Government Basalt & Rural Fire Protection District Eagle County Health Service District Colorado Department of Transportation Eagle County School District Colorado State Patrol Eagle River Fire Protection District Federal Bureau of Investigation Eagle River Water & Sanitation District United States Forest Service Greater Eagle Fire Protection District Vail Resorts Gypsum Fire Protection District Cordillera Public Safety Rock Creek Fire Department Lone Star Security Town of Avon Valagua Metropolitan District Town of Eagle Town of Minturn Town of Vail Vail Valley Medical Center Western Eagle County Ambulance District 21 Exhibit B Radio System Invoicing Formula We have instituting a tiered funding formula for the Eagle County 800NIHz system beginning with the 2010 budget year. 1. Funding for the anticipated radio infrastructure maintenance cost of $408,235 will be based on the percentage of radio system usage with the system logs for each talkgroup on a weekly basis. Weekly usage percentages have been averaged for each agency talkgroup and the dispatch talkgroups which will be divided amongst the agencies who are the users of that dispatch talkgroup based upon their percentage of dispatch center use. 2. Subscriber unit (radios) maintenance will be based each year upon the current cost of the depot service contract. For 2010 the cost is $90 per radio. 3. A contingency fund may be created in later years based upon a capital assessment added to the user agency's fee. Shown as an additional percentage added to the annual fee 4. A Foundation Fee schedule based upon the user agency's inventory (See Table) ❑ 1— 5 units $500 ❑ 101 -125 units = $26,000 ❑ 6 -10 units $2,000 ❑ 126 -150 units = $34,000 ❑ 11 -25 units $4,000 ❑ 151 -175 units = $40,000 ❑ 26 -50 units $8,000 ❑ 175 -200 units = $46,000 ❑ 51 -75 units = $14,000 1 ❑ 201+ Units $52,000 ❑ 76 -100 units = $20,000 The user agencies inventory on January 0 will constitute the means for Foundation Fee Calculation. Any agency adding to their inventory during the year will be pro-rated a fee based upon the remaining portion of the year multiplied by the agency's average fee per radio. Agencies will not receive a refund for reducing their inventory. 22 Memo To: Mayor & Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Asst. Town Manager Mgmt Services Date: July 22, 2010 Re: Public Hearings for Outdoor Use of Amplified Sound Applications Summary: Public Hearings will be held on the following amplified sound applications: 1. Applicant Name: David Wieder Event Name: BecTri Event Event Date: August 8, 2010 Amplified Sound Times: 7:45 AM until 2 Pm 2. Applicant Name: Frank Osurio Event Name: American Crown Circus Event Date: August 13, 14, 15, 2010 Amplified Sound times: Fri. / Sat. 5 pm until 8 pm; Sun. 4 pm until 6 pm Both the above referenced events will utilize an amplified sound system. A public hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound before 9:00 AM or after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter 5.24.020). These events will utilize amplification sound systems to help provide entertainment, organize & inform the participants and spectators throughout the morning. Discussion: Please find attached a memo from Special Events staff (Danita Chirichillo) and the application and maps for the event. The public notices were printed in the Vail Daily noting the public hearings. Financial Implications: The applicants have submitted the $25 processing fee for the amplified sound permit & the related fees with the Recreation Department. Town Manager Comments: Attachments: ✓ Memo from Special Events ✓ Applications for Outdoor Use of Amplified Sound Equipment MEMORANDUM TO: Meryl Jacobs — Director of Recreation and Cultural Services Department Heads FROM: Danita Chirichillo — Special Events Supervisor DATE: July 13, 2010 REGARDING: Special Event Permit Application Staff has received a 2010 special event permit application for the third annual BecTri Sprint Triathlon. Following are the event details: Event Date: Saturday, August 7 Event Times: 8:00 a.m. start; two waves broken down by swim time. Entire event should be done by approximately 2:00 p.m. Event Re -Can: This triathlon event starts with a 400 meter swim in Nottingham Lake followed by the bike transition which takes place on the main athletic field. Participants mount bikes at the north east corner of the field and head north on Lake Street turning left on W. Beaver Creek Blvd to Hwy 6. Participants turn right on Hwy 6 and head west on Highway 6 into the Singletree neighborhood. After a short ride through Singletree participants head back toward Avon on east bound Highway 6 turning left onto W. Beaver Creek Blvd and right onto the recreation path located behind Avon Elementary School and into the park on the north side of the lake. They enter into the run transition and head out on the recreational path on the south side of the lake, onto W. Beaver Creek Blvd. behind AES and turn left onto the Eagle River recreational path turning around at Bob the Bridge and coming back the same route. See attached course maps. All of the proper permits for sound, police and state patrol have been completed and turned it to the appropriate departments /agencies. Event Needs: This event requires support from staff with installation of event fencing for transition, course guidance, placement of event portable units, use of and installation/removal of Town tents, hiring of lifeguards and use of paddleboats, etc. "Attachment G" will be forwarded to the appropriate departments upon approval of application. Insurance is in place and fees have been received. Recommendation: This is a fantastic event promoting and fundraising for a beloved and missed member of the Vail Valley... Rebecca Yarberry. Last year the organizers did a fantastic job with approx. 212 registrants. Participants came from Eagle County as well as the front range. I think this event truly speaks to our mission and I would highly recommend moving forward with the approval process. /r r TOWN OF AVON PERMIT APPLICATION Avo N FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM C O L O R A D O *FEE: $25 FEE FOR PUBLIC NOTIFICATION COSTS. *THIS APPLICATION MUST BE SUBMITTED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S) TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING. DATE OF APPLICATION: 4 / 3 'b / 2.D/ 0 NAME OF APPLICANT 6 at J wf W KCLef REPRESENTING BUSINESS /ORGANIZATION 96,e,� "r�I TELEPHONE NUMBER q79 - 5 Z �554`i _ ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM `fin dadress �S i ►n1�t(q�f�Q tt 5 d DATES AND TIMES OF PROPOSED USE $ 17 f-ZO 16 A ,O Li Is WV\- ` z Pte. *ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT AND DIRECTION OF SOUND PROJECTION. I \--J.:A `1 Ito/ 2,01 Q SIGNATURE OF APPLICANT DATE -�o [bm pot-t% A= V, . co ®I c)-o MAILING ADDRESS OF APPLICANT APP D: SPECIAL EVENTS SUPERVISOR DATE 1"'7V�C TOWN CLERK Paid c lr as Please acknowledge that each page is satisfactory by initialing: Page 6 ')-p 1 O DATE z TOA Sponsor . � ��� �� �� � \ y\ � � � } | �� \�t � a� . �/ 2 2 MEMORANDUM TO: Meryl Jacobs — Director of Recreation and Cultural Services Department Heads FROM: Danita Chirichillo — Special Events Supervisor DATE: July 20, 2010 REGARDING: Special Event Permit Application Staff has received a 2010 special event permit application for the annual American Crown Circus. Following are the event details: Event Date: Friday, August 13 through Sunday, August 15 Event Times: Two shows each on Friday and Saturday at 5:00 and 7:00 p.m. Two shows on Sunday at 4:00 and 6:00 p.m. Event Re -Cap: This is a family owned circus of acrobats, jugglers, dancers, etc. No exotic animals. Each circus performance is approx. 1.5 hours in length. They sell concessions such as popcorn, bottled water, cotton candy, toys, etc. They distribute discount tickets through out the community which allow children under 12 in for free with paying adult. Tickets for adults are $12 in advance and $15 day of. If a customer does not have a coupon for free child admission the fee is only $5.00. The Town receives 20% of advance ticket sales and 15% of day -of ticket sales. The Town received $3,000 in revenue from the percentage of ticket sales in 2009. The event moved to a weekend this year which should increase attendance /revenue even more. Event Needs: This event requires support from staff to mark irrigation on main athletic field for the "big top" tent and ticket takers for all shows which is handled by the special events staff. This event needs to be overseen from an "aesthetic" standpoint because of camping trailers, pets of performers, power cords, etc. The event staff will work closely with the parks staff to ensure town guidelines are enforced. Insurance is in the works and fees have been received. Recommendation: This event is a nice event to have for our Hispanic community as the emcee speaks in both English and Spanish and the event is heavily attended by the Hispanic community. I recommend moving forward with this event. �i TOWN OF AVON PERMIT APPLICATION AVON . FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM C O L O R A D O *FEE: $25 FEE FOR PUBLIC NOTIFICATION COSTS. *THIS APPLICATION MUST BE SUBMITTED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S) TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING. DATE OF APPLICATION: NAME OF REPRESENTING BUSINESS /ORGANIZATION L; 12 jG/J N ° ; �v ✓� L'. / /2 (�, %4' S TELEPHONE NUMBER y . ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED / n L) NC h PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM e �5 DATES AND TIMES OF PROPOSED USE Qy C ".) S 'I— ! 3, / q *ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION AND DIRECTION OF SOUND PROJECTION. s� SI RE OF APPLICWlf lc�yp y DATE oc> P J' e145 -1- 9 -/j MAILING ADDRESS Of APPLICANT APPROVED: SPECIAL EVENTS SUPERVISOR TOWN CLERK Please acknowledge that each page is satisfactory by initialing: DATE Page 6 DATE TOA Sponsor 'mqm� AVO N zjj` C O L O R A D O ATTACHMENT F ON THE APPROPRIATE MAP, PLEASE INDICATE THE LAYOUT OF YOUR EVENT. INCLUDE PROPOSED CLOSURES, MARSHALS, TENT SET UPS, VENDOR PLACEMENT, STAGING, POWER SOURCES, ETC. FOR MAPS PLEASE CONTACT SPECIAL EVENTS SUPERVISOR 970- 48 -4032. I v o • L � P fS � 011A VVI P 14 e 14' Qc.,S r - ,�g I�5 � Cr A- S 1 e N4/ q LAI S� 1 RPe -o Please acknowledge that each page is satisfactory by initialing: Page 1 1 rJ TOA Sponsor TOWN OF AVON, COLORADO VON AVON WORK SESSION MEETING FOR TUESDAY, JULY 27, 2010 , > MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 4:00 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:00 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES a. Financial Matters (Scott Wright, Asst Town Manager Finance) Memo Only 4:00 PM -4:30 PM 3. "A WATER PROVIDER'S PERSPECTIVE ON THE WATERSHED" (Linn Brooks, ERWSD) Review materials that outline mission of ERWSD & UERWA 4:30 PM -5:15 PM 4. 2011 CAPITAL IMPROVEMENT PROGRAM 5 YEAR PLAN - PRELIMINARY PROJECT SCHEDULE WITH CORRESPONDING REVENUES AND EXPENSES (Scott Wright, Asst. Town Manager Finance, Justin Hildreth, Town Engineer) Review proposed capital projects for 2010, both non discretionary & discretionary projects 5:15 PM 5. ADJOURNMENT Avon Council Meeting. 1 0.07.27.doc Page 1 of 3 FINANCIAL MATTERS July 27, 2010 1. YTD Building Revenue Report Actual vs Budget - June 2. Detail - Real Estate Transfer Taxes - June 3. Accomodations Tax Worksheet Actual vs Budget - May 4. Sales Tax Worksheet Actual vs Budget - May 2J OO M 0 m 00 00 N qW mm rNlnln m m m i W d NIO Hr w w U) V, w 00 -4 -1 O a W rA H 0 0 0 0 ,r-1 Sri ON1 ON1 Ch wU) DON r 0Or o o O 0> rr Hm00 r r r Wa W m H r N W w <r wwr r r r M m H N I 1 m O N W W m m m O O m N N N OO NOON m m m �z - Q W N N N O O N O O O > r r N r O m r r r- 0 W kn ID 'O N 1n r w w w N O O N M N N N N O O N N M M M ,w H H H r H U1 W O 0 N d' U) 00 0000 0 O O U1 W 00 0000 O O O O H N W N U n W a E- 0 M a o zw N Oa N > UI Q V) -4 '1 MOOM W v W RW C OF 00 NOON N N N w a F a H 'Ow N O N N N N O rI W r r N U) M O O O F o a 00 ID mIo r r r zN N w 3 N a N N O rl M M M 0 UI N N N N E. 0 Z W > c w a „ O F 0 0 0 0 0 0 O o 0 U W 00 0000 0 0 0 U C7 (6 O O O O O O O O O 00 0000 O O O la rYl 00 0000 O O O d) ro U1 w U1 O O w w N FFi r r N N U1 N N N N N r-I r-I rl > U) 0 N U U (0 U) ro a F w a H u ° aF z > F O W a U) o O F a 1 W W W 0 m W Q 1 W b m 1 0 3 En 1 w m ��I w F U) U) U) > W U) r1 - U U) I H F W W W W U go O Q z '£ H 0 W a S U z d1H a z�w w aX arm wH H �m0 0ID OH H ww >z Q 00LZ1 rya H a U U H W W z O RC •• a W D ZQZ DFo F ZQ oxlmlu:u) 0 rD H H Q a W P4 CD I H '7., 0 u> z a w Z FO 1,40 - z0 QFC O 00 �7 <N pH W H W pw0 94 1 1 p W i)�D W Ul z .1 F\ •• a s W W H 0 W 0 a a m Q w F z0H U ••U) zH4 I z 4 0 W a WNO u ••zx WFF w F a 0 W 0 a\ •• z z U O U O F z a r N O H W 1 F H F H w w 0H qF HF a O F a U F C7 a C4 E. � 0 7W W WD O F4 W 00 0 0 0 00 � Q Q � x .1U C4 H0 zOF U NF NNN F U)0 F U)4 U) mFa kW- u) F u)LnL WnF F F F Town of Avon Real Estate Transfer Tax Calendar Year 2010 Purchaser Name Property Amount Received May -10 255,908.87 $ The Gates at Riverfront PUD Beaver Creek 950,803.60 $ - Land Title Guarantee Falcon Pointe 112 -30 17.86 Land Title Guarantee Falcon Pointe 201 -9 170.00 Land Title Guarantee Falcon Pointe 212 -33 45.00 Land Title Guarantee Falcon Pointe 313 -21 17.86 Land Title Guarantee Falcon Pointe 404 -50 50.00 Title Comp Rockies Mtn. Vista 22 -10 218.00 Title Comp Rockies Mtn. Vista 23 -10 477.00 1st American Title Mtn. Vista 1705 & 1707 -07 180.00 Vladimir Panev & Daniela Georgieva Sunridge @ Avon A -305 840.00 Tiffany Lynn Loman Sunridge @ Avon D -207 300.00 Datshiri & Yankee Sherpa Sunridge @ Avon E -204 1,480.00 Travis M. Stephenson Sunridge @ Avon II P -202 100.00 Gregory E. Dunn Avon Lake Villas D-4 5,600.00 Peter Robinson & Kimberly Ouellette Avon Lake Villas H -2 5,600.00 Land Title Guarantee Company Avon Town Square Comm III 4,745.62 Heather M. Lewis Avon Crossing 113302 2,740.00 Virginia Klyce Lot 16 Blk 4 WR 4,600.00 Ticor Title Ins Riverfront 22 -10 4,161.80 Ticor Title Ins Riverfront 23 -10 3,031.90 Ticor Title Ins Riverfront 24 -10 6,635.90 Ticor Title Ins Riverfront 25 -10 5,505.20 Michel & Francoise Michno Riverfront 230 4,875.00 WMKM, LLC Riverfront 249 14,880.00 Total June Revenue $27,181.34 $39,089.80 Total YTD Revenue Total 2010 Budget 283, 090.21 989, 893.40 1,000,000.00 1,091,798.00 Variance, Favorable (Unfavorabl( $ (716,909.79) $ (101,904.60) $ - N C O L N U E w O O 0 � H C O U O d O O U N 0 Go T O N r W TW i Y C O Z �? :t a�i o O N Q V LL O N Z O ca o O Q d ~ Q v N Q O N a V V Q f0 O O N O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 f0 f0 I� 0 0 0 0 0 0 0 b O O N N T O O O O O O O 00 69 44D. d a a Z m 2 0) ;g '' d c °� H cc (D 75 LL Q - Q in O Z 0 O O O O O O O O O O Ci 000 O I� O O O O O O 00 f0 00 f0 �[D l0 O O O T O O o O Cl 0 C. 0 0 0 0 � O O o O ar0 OOi O N � M M C. ao cc v �i o ao m v O N O O f0 M N D7 T 00 00 O O N 00 N M M M IQ I* 0 M T O O O N T M (D M f00 T O T 00 O 00 O N O T O> On 0�0 00 0�0 N fc7 v M N r T 0 f9 4i 00 w w M T I-- M 00 N N T N M O f0 I� O 00 N N O O m O N OO (Q c N C f0 O O N 0 M 0 0 M L I- N N O M M N 00 I� f0 f0 I� M I- N 0 O M m O w O I, 00 00 N M M N N N N CO N H U' c r d 4> 49 0 U') O rn M o r- co 0o rn M m � x n cy O r> n rn 0 c+� O O ea O fn7 N 0 co f0 O N 00 f0 N n n't 00 T N G O O N 00 M cn = CD h N N, N N N t00 � 0 0 c 49 v N O M O M w 0 0 O N N T M ' N CM 00 M I <O N T a N O N 000 M M T N N T O 00 N M Oo 00 <O O N U' f00 N v N N N w N 4! 49 W CO N T M r� M O O O N w f0 00 f0 0 O M O W 00 O Oo 0 O M I, <2 W N N T M 00 N 00 M T T rn rn M M I, 00 o Iq C � co 00 � � uQ 0o m O cn n C i V t2 o v 0 o v of of of rN ! ri � f0 f0 r � � 0 M 69 44D. d a a Z m 2 0) ;g '' d c °� H cc (D 75 LL Q - Q in O Z 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O o C. 0 0 0 0 O O O o O O O O C. ao cc v �i o ao m v N O O N O O O N Go O N n 0 0 N I co O N Ln 0 0 N O O W Lu Z Z ,' /y Q O w O 'o LU i J Q O O N Cl 0) C O M N U E O O e � C O yO O O U N -1 07 O N O O O N O O O O O O O O O O O O (A (A a1 00 O O O O O O O c0 N (0 O M O O O O O O O (0 N V ('7 cp O O O O O O O v O (A N O (moo O N O 0) 00 (n R O O N O N O (A o (0 M N u� R (00 (O (rO N N O N O 0 00 m M M C w w o o CV w � (�O O 00 O O O O O R (O rl Q9 M N O r Or M O O w o m cl M O ao c O M 0 m lq N N (+ N R M m r- c0 c0 (0 o 00 s (O (- (n N N (n N 0 0 M 0 (A (A (O M R IT IT R Cl) M rl 60 O O O N Z j y 7 N E U O O °w I (i m Q m� A Q in 0 2 0 R V w N C V d O v K F. d A N C. O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Co O CO O O O O O fIT7 ° 7 V) c N N N N N CN O_ O N rn 0 O N O N d } r O N is r: 9 ti C O O N N I-: N m R (M 00 00 O I-: 0 M 00 (-: O 6 (0 cM C to v 00 O R 0) 00 N O (O (0 O M C T N � IT O 0 V (- N a p N in O R I� (O (A M Of N N v (A R N V N R (0 M (0 a M a U N Q v� in M (n M in in O O O (V (0 (0 0) O O O (O ° co 0) (( �_ ° ° (- O O (� M (00 M O M (n � (N0 (A R R (0 M (A O R O O O (0 (- M (� O O, O O I R O M N M M M M N M r N Q9 O (0 O � N O cc0 ((0 N C c7 M o P- N M (O N M W R . (°O � N N cc C'4- N (00 00 O O ° N R R (A o N N (N N T M m M (0 M m M O M O C M r O N 60 O O O N Z j y 7 N E U O O °w I (i m Q m� A Q in 0 2 0 R V w N C V d O v K F. d A N C. O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Co O CO O O O O O fIT7 ° 7 V) c N N N N N CN O_ O N rn 0 O N O N d } r O N is r: 9 ti Memo To: Avon Town Council From: Linn Brooks, Assistant General Manager Date: 7/22/2010 Attached please find an abstract and diagram to provide background to Council members prior to the July 27, 2010 presentation entitled "A Water Provider's Perspective on the Watershed ". CADocuments and Settings\pmckenny \Local Settings \Temporary Internet Files \Content.0utlook\FVKN44AVNAvon Town Council Presentation 7- 27.doc A Water Provider's Perspective on the Watershed Presentation to the Town of Avon Council July 27, 2010 ABSTRACT The snowpack and stream flows in the Eagle River watershed support the economy of Eagle County: skiing, real estate development, golfing, fishing, boating and ranching. It is the incredible beauty of the Eagle River and Gore Creek valleys that attracts both tourists and residents. We can protect our environment and our economy by recognizing and strengthening the connection between the two. The mission of the Eagle River Water & Sanitation District and the Upper Eagle Regional Water Authority is to provide efficient, effective and reliable water and wastewater utility services in a manner that respects the natural environment. More simply stated, these entities are expected, both by the State and our customers, to provide a safe, reliable water supply, to support our community, and to protect our environment. This expectation exists even in extreme circumstances, such as drought. To fulfill our mission and meet expectations, water providers are natural stewards of the watershed and stream flows. The water supply that the District and Authority use to provide water to its customers comes from the Gore Creek and the Eagle River. These streams are fed by precipitation and snowmelt within the Eagle River basin, or watershed. Water uses result in 'depletions', defined as the difference between the water diverted from the stream and the water returned to the stream after use. This depletion is replaced (augmented) by releases from water storage reservoirs in order to "make the river whole." Prior to 1992, no in -basin storage existed in the Eagle River basin; augmentation came from reservoirs located outside of the basin. However, the depletions from uses within the basin directly impact the stream flows through Eagle County communities. In -basin reservoir storage therefore became an important strategy to protect stream flows. This strategy is outlined in the 1994 Eagle River Assembly Report. The District and Authority have developed over 4,000 acre feet of in -basin storage to date, and have surpassed the storage required to meet the first objective of the Eagle River Assembly (see attached diagram). Stream flows can be affected by other factors besides diversions and depletions. Natural fluctuations, climate change, and urbanization threaten the stream's base flows, on which water users and the aquatic environment depend during low precipitation periods. Because many of these threats are out of our control, stewardship is more than just the right thing to do, it is essential to a water provider's ability to fulfill its mission. � ---4 od O � N V1 M �I O Con w � c'd W~' N N w N U O O ,--1 11 N1 w •� C p•, 0 0 a� bA .=' y y ai a �t v > 7. � � CJ Cd y •> � �••' U F � O o c � C y y 3 tn 0 0 E Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Approved: Sally Vecchio, Asst. Town Manager — Community Development From: Scott Wright, Asst. Town Manager — Finance Justin Hildreth P.E., Town Engineer Date: July 22, 2010 Re: 2011 Capital Improvement Program 5 — Year Plan Preliminary Project Schedule with Corresponding Revenues and Expenses Summary: The draft of the Town of Avon Capital Improvement Program (Draft CIP) Fund 5- Year Plan (Exhibit A) is attached for review and comment by the Town Council. The revenues projected in the Draft CIP have been updated to reflect the current development activity within the Town and the Riverfront PUD, as well as incorporating project recommendations and projected costs. The projected expenses are based on updated cost estimates of proposed projects. Projects identified in adopted planning documents such as Harry A. Nottingham Park Master Plan, Comprehensive Transportation Plan and the Recreation Trails Master Plan are included in the Draft CIP. This proposed budget reflects a fund balance through the planning period as summarized below. It should be noted that it is prudent to maintain a healthy fund balance because of the uncertainty in the cost estimates and the difficult economic climate. YEAR FUND BALANCE 2010 $ 3,036,237 2011 $ 1,487,353 2012 $ 1,034,934 2013 $1,051,297 2014 $ 2,722,540 2015 $ 3,899,663 This Draft CIP budget is intended to provide a starting point for Council discussions and will provide the basic information to begin development of the 5 -Year CIP for adoption in the 2011 Budget. Staff will continue to revise and refine the various project budgets as the individual projects become better defined and as additional information is accumulated. Discussion: There are several new projects included with this budget. They include Fuel Depot Replacement, the Eagle Valley Trail segment on US 6 between Avon Road and Post Blvd, and several trails listed in the Recreational Trails Master Plan. Most of these projects are spread across the 5 year period because of the low revenue projections as a result of the economic downturn. The Public Works and Transportation Facilities Improvement Project, 20115 -Year Capital Improvement Program July 22, 2010 Page 2 of 3 Photovoltaic System at Swift Gulch, and the Eagle Valley Trail bridge across the Eagle River adjacent to Avon Road are contingent on receiving adequate grant funding. The cost implications of the projects are summarized in Exhibit A. Proposed projects added to this 5 -Year Capital Improvement Program include: NON- DISCRETIONARY PROJECTS Fuel Depot Replacement 2011 $ 55,000 US 6 Trail from Avon Road to Post Blvd 2012 $ 330,000 H.A. Nottingham Park Repairs (Backstop, Cabin Roof, Tennis Courts) 2011 $ 100,000 DISCRETIONARY PROJECTS F.S. Access & Drainage Improvements 2011 $ 25,000 Town Center Parking Study 2012 $ 50,000 Metcalf Road Retaining Wall Stabilization 2015 $ 100,000 Buck Creek Trail Improvements 2015 $ 150,000 GRANT FUNDED PROJECTS US 6 Trail from Avon Road to Post Blvd (Town Share) 2012 $ 300,000 Total Project Cost $1,100,000, Grant Received Eagle River Trail Bridge at Avon Rd (Town Share) 2013 $ 300,000 Total Project Cost $900,000, Grant Not Received Swift Gulch Photovoltaic System 2013 $ 250,000 Total Project Cost $1,250,000, Grant Not Received On -going & Previously Discussed Projects include: Annual Paving/Road Improvements Program Community Heat Recovery Project Metcalf Road Drainage Improvements and Bicycle Climbing Lane, Phases 1 and 2 USFS Land Acquisition H.A. Nottingham Park Improvements outlined in Master Plan Recreation Trail Master Plan General Planning & Consulting Staff believes that this Draft CIP represents a well - balanced program that addresses major improvements to keep the Town progressing while also addressing the pragmatic infrastructure needs required to satisfactorily operate and maintain all municipal functions and facilities. Staff will be prepared to address questions regarding the proposed projects and schedule and looks forward to Council's input and direction with respect to this prograrn. 20115 -Year Capital Improvement Program July 22, 2010 Town Manager Commend: Attachments: Exhibit A - Town of Avon Capital Improvement Project Fund 5 -Year Plan Exhibit B - Project Descriptions Page 3 of 3 EXHIBIT A tO U m rn a C O N ul 'a O CO co CO O CA O O U 2 O to Iq lO d O O 000 000 co O U LL U r N m a p Cl7 CA Z' rn S O >. 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As a result, it is not possible to properly manage the HVAC system operations and adjust the controls. It is expected that a properly operating control system will provide for energy savings and improved control of the building's HVAC. Status: The project will commence in 2011 and Staff is looking at potential grant options because the project will result in reduced energy consumption. Budget: 2011 $100,000 Fuel Depot Improvements Description: Replace existing steel diesel and gasoline tanks located west of Town Hall and east of the Parks Maintenance Building with code - conforming fuel dispensary. A set of double - walled pad- mounted concrete tanks, leak detection monitoring, automatic shut -off valves, emergency shut off protection, fire suppression, and electrical modifications are needed. Staff is evaluating potential to re- locate this function to just south of the Parks Maintenance Bld. to improve screening and security. New tanks will be movable via trailer if ever needed. Status: High need, safety - critical project. Budget: 2011 $60,000 (design, construction) Section I, Page C -26 LAND AND LAND IMPROVEMENTS Forest Service Land Acquisition Description: Participation with the US Forest Service, Eagle County, the Colorado State Land Board, and the Eagle Valley Land Trust, in a series of land exchanges that will permanently protect 2,140 acres of public lands. Status: It is unknown whether funds will be needed until appraisals have been completed on the various properties. The budget includes funds for the preparation of a preliminary and final appraisal of Forest Service parcels which collectively contain approximately 555 acres; the previously annexed "Parcel B" property on the northwest corner of Town containing approximately 475 acres; and the Forest Service parcel adjacent to the Village at Avon subdivision "Planning Area M" containing approximately 80 acres. Budget: 2011 $ 1,000,000 Nottingham Park Capital Improvements Description: This project will make capital improvements to amenities within Harry A. Nottingham Park. Those improvements include a new roof for the Cabin, a new backstop for the softball field, and improvements to the tennis court surface and fence. Status: These improvements are nondiscretionary and are needed to maintain the existing park amenities. Budget: 2011 $100,000 ROADS AND STREETS Street Improvements: Annual Paving /Road Improvements Description: This project is the Town's annual street resurfacing and pavement maintenance program, generally consisting of asphalt overlays and related surface treatments such as curb and gutter, storm drainage repair, guardrail adjustment, etc., where applicable. Status: Projects will be determined annually based on various existing street conditions with a 10 -year pavement surface lifespan typically used as a 'rule of thumb.' The 2011 street project is included with the Metcalf Bicycle Climbing Lane Phase 1. Budget: 2011 $ - - -- 2012 $ 400,000 Section I, Page C -26 2013 $ 500,000 2014 $ 500,000 2015 $ 500,000 East Beaver Creek Boulevard Overlay Description: Traer Creek Metropolitan District (TCMD) is obligated to construct extensive Streetscape Improvements including Traffic Control Medians, Sidewalks, Pedestrian Areas and Bicycle Lanes from the end of the existing 5 -lane section to the Village at Avon Connection by December 31, 2009. It is likely that these improvements will not occur in a timely manner, and the condition of the roadway dictates that improvements need to occur by 2012. This project consists of an asphalt overlay, lighting improvements, correcting discontinuous sidewalks north of Beaver Liquors, and minor drainage improvements. These improvements are the minimum required to maintain the road and do not include the extensive streetscape improvements that are required of TCMD. Status: If TCMD can complete the streetscape improvements prior to 2012, this project will not be required. Budget: 2012 $ 250,000 Multi -Modal /Alternative Mobility: Metcalf Bicycle Climbing Lane Phases 1 and 2 Description: This project is combined with the Metcalf Gulch Drainage Improvements because extensive road reconstruction will be required as part of the drainage improvements. Phase 1 of the Metcalf Bicycle Climbing Lane project is to be constructed concurrently with the Metcalf Gulch improvements. The extent of Phase 1 is from Nottingham Road to Wildwood Road. The second phase of this project is to complete the bicycle climbing lane from Wildwood Road to Old Trail Road. The road cross section will be similar to the already - implemented Wildridge improvements and will consist of two eleven -foot wide lanes and a six - foot wide bicycle climbing lane. Staff is recommending that it be constructed in 2011 and 2012. Status: The project was designed to preliminary level in 2008 and final design was started in 2010. Budget: 2011 $ 750,000 2012 $ 450,000 US 6 Trail — Avon Road to Post Blvd Description: The Town of Avon, the ECO Trails Department, and Eagle -Vail Metropolitan District partnered to obtain a grant application to construct a trail on the north side of US 6 from Avon Road to Post Blvd. The entities received a $355,000 grant from CDOT for the project from the 2012 to 2014 enhance grant program. This is the first part of a three phase project. The other two phases are a bridge across the Eagle River adjacent to Avon Road and extending the trail from Post Blvd to the 1 -70 Eagle -Vail interchange. Status: Project is funded and design will start in 2011. Budget: 2011 $ 30,000 2012 $ 300,000 Section I, Page C -26 WATER FUND PROJECTS Drainage — W. Beaver Creek Blvd. (1 -70 to Railroad) Description: This project consists of stormwater improvements per the Metcalf Gulch conceptual report prepared in 2001. Drainage improvements will involve addressing a small sub -basin referred to as Basin II in the Master Drainage Study by conveying stormwater flow from a 30" diameter pipe beneath Interstate 70 south along West Beaver Creek Boulevard onto the existing drainage adjacent to the Railroad Crossing. The current system is only prepared for approximately a 10 -year event, and events exceeding 10 -year flows have impacted nearby residences and roadways. Status: The design was completed in 2007. This project has been postponed to 2014. Budget: 2014 $ 350,000 Funding: Transfer from Water Fund Drainage — Metcalf Gulch Description: Improvements along Metcalf Road to maintain storm drainage and reduce erosion, per recommendation in Metcalf Drainage Study and Preliminary Design. Street improvements, including a bicycle climbing lane, will be included in the scope of the project and will be funded from the Capital Improvement Fund budget as a separate line item. Status: Staff attempted to remove Metcalf Gulch from U.S. Army Corps jurisdiction, allowing for fewer permitting requirements and more design flexibility, but it was determined that the flows in the upper reaches were too constant for a de- listing. The project design will be completed in 2010. Construction will begin in 2011 in conjunction with a bicycle climbing lane and asphalt overlay. Budget: 2011 $ 800,000 Funding: Transfer from Water Fund Nottingham Road Drainage Improvements Description: This project consists of drainage improvements associated with the drainage on Nottingham Road adjacent to Sherwood Meadows and Chambertin Townhomes, and west to the church parcel on Lot 45. It will include adding capacity and new culverts, allowing for drainage and debris flows from north of Nottingham Road to freely reach culverts beneath the Interstate 70 right of way. The downstream portions of these improvements were constructed in 2001 with the Nottingham Road bike path. Status: The project is budgeted and will likely involve a partnership with local homeowners' associations as they will be responsible for conveying drainage up to the northern Nottingham Road right of way line. Budget: 2013 $ 250,000 Funding: Transfer from Water Fund Section I, Page C -26 Drainage Master Plan Description: Update the Drainage Master Plan for the Town of Avon. The original master plan was developed in 1994 and supplemented in 2001. Status: The update would involve including the new development in the Town of Avon and allow for the incorporation of the drainage improvements into the GIS System. Incorporating the master plan into GIS will significantly improve Staff's ability to access and manipulate data, ensure proper maintenance, and incorporate new development as it occurs. This project was originally budgeted for 2008 but has been delayed to 2010 and 2011 because of staffing issues. Budget: 2010 $ 64,320 2011 $102,000 STRATEGIC PLANNING Plannina & Consultin General Planning and Consulting Description: Consulting Services for Various Planning Projects That May Arise Throughout the Year. Status: Annual Budget Item to Address Miscellaneous Unscheduled Planning Issues That May Occur During the Year. Budget: 2010 $ 25,000 2013 $ 25,000 2011 $ 25,000 2014 $ 25,000 2012 $ 25,000 2015 $ 25,000 Parking Study — Town Center Description: Develop a parking study that will analyze the recently adopted plans for the Town Center area, update parking numbers, evaluate locations for structured parking facilities and develop financing scenarios for the parking facilities. Status: Budget: 2012 $ 50,000 COMMUNICATIONS AND TECHNOLOGY VOIP Telephone System Description: VOIP, or Voice over Internet Protocol, is an internet -based phone system that utilizes broadband internet connectivity for standard voice phone communications. It offers increased speed, reliability, and decreased operation and utility costs over standard phone service. Status: This project was implemented in 2010 and will be completed in 2011. Budget: 2010 $ 125,000 2011 $ 75,000 Section I, Page C -26 TOWN OF AVON 2011 CAPITAL PROJECTS FUND 5 -YEAR PLAN PROJECT DESCRIPTIONS July 21, 2010 (Discretionary Projects) FACILITIES Transit/PW Facilities Improvement Project Description: The Town has completed 30% design documents for award of a design - build contract for completion of a new public works facility at Swift Gulch. The project consists of a new bus storage facility, administration buildings, various shops and material storage buildings, and extensive civil infrastructure work. The remainder of the project is contingent on various grant funding sources. Status: The project was approved by Planning and Zoning Commission and is awaiting receipt of additional grant funding Budget: 2011 $1,300,000 Bus Stop Improvements Description: Bus ridership has been rising and is expected to continue to do so with higher gas prices and more densification in Avon. To support the Town's goals for transit - oriented development and public safety, bus stop improvements are needed to provide amenities for riders (e.g., benches, signs, lighting, schedule information, garbage cans, etc.) and to establish a uniform appearance throughout town. In some cases, extensions of asphalt and culverts are needed to add stops on opposite sides of the street (e.g., West Beaver Creek Blvd). This CIP item provides a budget for such improvements on the existing bus routes. Future expansion of service to other areas would involve adding stops and associated facilities; however this is not included at this time. Status: The Comprehensive Transportation Plan (underway) will produce a prioritized list of recommended transit bus stop improvements; a draft of this plan will be ready in spring 2009. Bus stop improvement projects are expected to be prioritized based on age and usage of existing amenities as well as long -term plans for routes. For example, stops near Comfort Inn and City Market would likely be recommended for improvements in 2009. Budget: 2013 $ 50,000 2014 $ 50,000 Section I, Page C -26 LAND AND LAND IMPROVEMENTS Harry A. Nottingham Park Program Overview: The Town completed the Harry A. Nottingham Park Master Plan in 2008, which identifies and outlines a series of improvements to the park that are required either to maintain its current functionality or to address unmet needs of the community. The Master Plan prioritizes the improvements over a multi -year phasing plan. $3,000,000 is proposed over the next five years to construct the highest priority projects outlined in the Master Plan. Nottingham Park —Stage Description: A Stage is proposed in the Master Plan that will be located immediately north of the engineering wing of Town Hall. It will be used for existing events in the park and be programmed for additional events that will enhance the community. The stage will be at least 30 feet wide and 25 feet deep and include the associated electrical and back -of -house facilities to operate the Stage. Status: Contract documents are being finalized and the project will be bid out. The project requires $100,000 of additional funding to start work. Budget: 2010 $200,000 Nottingham Park — Lake Street to Nottingham Lake Promenade Description: The Master Plan identifies the need to create a Main Street Extension, or Promenade, from Lake Street to the lake shore near the pump house. The extension will include a widened pathway comprised of different pavement materials immediately north of the Municipal Building, with improved landscaping, seating areas, lighting, and alcoves that can be used for vendor or street fair booths. Elements from the Main Street Design will be utilized for this area to provide an appropriate transition. Status: $200,000 is programmed for the design and construction of the Promenade in 2014. Budget: 2014 $ 200,000 Nottingham Park — Zone C Improvements — Playground and Restrooms Description: The Zone C improvements are located north of the soccer field and comprise the sediment pond, irrigation channels, a playground, public restroom, and a picnic pavilion. Improvements for Zone C include new playground facilities, possibly relocated closer to the Recreation Center, a new, larger group picnic pavilion, new furnishings, lighting, pathways, and new year -round public restroom facilities. Status: The first tier of Zone C improvements include a new playground closer to the Recreation Center, a new Family Area closer to Nottingham Lake, and a new public restroom facility. $1.8 Million is programmed for 2013 design and construction. Budget: 2013 $ 1,800,000 Section I, Page C -26 Nottingham Park — West Restrooms Description: Construction of restrooms on the west end of the park near the tennis courts. Status: Funds are budget for construction in 2015 and the project is considered a medium priority for the park. Budget: 2015 $ 250,000 Nottingham Park — Southwestern Pedestrian Connection Description: Installation of pedestrian and trail facilities on the southwestern corner of the park from the baseball fields to West Beaver Creek Blvd in the vicinity of the water treatment plant and Union Pacific Railroad tracks. Status: Funds are budgeted fOr 2014 and the project is considered a medium priority for the park. Budget: 2014 $100,000 ROADS AND STREETS Streetscape: West Beaver Creek Boulevard Streetscape Improvements (Lake St. to Avon Rd.) Description: West Beaver Creek Boulevard was constructed based on higher than current projected traffic volumes since it was built prior to construction of the Post Boulevard interchange and the Eagle -Vail half- diamond interchange. This resulted in a very large asphalt width two to three lanes of traffic in each direction, and a shared turn lane. The lack of development on Lot B also resulted in discontinuous sidewalk and the lack of a proper street crossing at Sun Road. This project will reduce the amount of vehicular lanes, add landscaping, additional lighting, median islands, and crosswalks to enhance pedestrian mobility and safety. An asphalt overlay will also be included as part of this project scope. Status: The $75,000 programmed for 2012 includes design and $750,000 programmed for 2013 includes construction of the improvements from approximately Avon Road to Lake Street. Budget: 2012 $ 75,000 2013 $ 750,000 East Beaver Creek Boulevard Streetscape Improvements (Avon Rd. to BC Place) Description: East Beaver Creek Boulevard was constructed based on higher than current projected traffic volumes. This resulted in an asphalt width larger than necessary to carry the current projected traffic volumes. This project will reduce the amount of vehicle lanes and add median islands with landscaping. Status: The $25,000 programmed for 2014 includes design and the $250,000 programmed fro 2015 includes construction of the improvements from approximately Avon Road to Beaver Creek Place. Budget: 2014 $ 25,000 2015 $250,000 Section I, Page C -26 Metcalf Road Cliff Stabilization Description: The sandstone cliff above Metcalf Road just prior to the upper switchback was not stabilized during its original construction. The cliff is made up of loose sandstone that is steadily sluffing off and causing the lot immediately above to gradually erode toward the existing structure's foundations. This project will install a retaining wall to prevent further erosion of the steep slope. Status: The condition of the slope does not present an immediate concern. Therefore, the design and construction of the project has been budgeted for 2014. Budget: 2014 $ 100,000 Forest Service Access & Drainage Improvements Description: The existing national forest access located on Wildridge Road East is in need of improved surface grading and ditches to control the storm water runoff. Currently the storm water runoff drains into the ditch along Wildridge Road East and plugs the adjacent ditch and its culverts with sediment from the roadway. This access point and trail is not included in the FS's long range transportation plan, and their intent is to close this trail. Therefore, this project will include minimal surface and ditch grading improvements to the roadway and install an inlet and culvert across Wildridge road into the existing drainage easement. Status: This project is budgeted for 2011 to address the ongoing sediment and drainage issues at the intersection of the access road and Wildridge Road East. Budget: 2011 $ 25,000 Multi- modal /Alternative Mobility: Recreational Trails Program: Description: This project includes reclaiming social trails and repairing erosion issues on Town and USFS land in areas including Nottingham Road, Saddle Ridge, and Beaver Creek Point. The project also includes working with CDOT on access and permitting requirements. Status: This is an ongoing project and is being implemented by the Public Works department. Budget: 2009 $ 41,839 Nottingham Trail -Buck Creek Trail Connector Description: This spur trail will connect the existing Nottingham Road Bike Path to the Buck Creek Road /Nottingham Road intersection. The scope includes a paved trail from path to Nottingham Road, pedestrian improvements at the intersection, and pedestrian improvements from the intersection to the Buck Creek Trailhead. A portion of this scope was originally proposed as part of the postponed Nottingham Road improvement project. Status: This project is scheduled for implementation in 2011. Budget: 2012 $ 50,000 Section I, Page C -26 Saddle Ridge Trail Restoration Description: This project involves reclaiming and re- routing portions of the Saddle Ridge Trail, identified in the Recreational Trails Master Plan, to a more sustainable, non - erosive route. Status: This project is included in the Recreational Trails Master Plan and is scheduled for implementation in 2012. Budget: 2014 $ 40,000 Minor Trail Restoration Description: This project includes restoration and improvements of various minor trails throughout and immediately adjacent to Avon. Status: This project is identified in the Recreational Trails Master Plan and is scheduled for implementation in 2012. Budget: 2014 $ 40,000 Metcalf Recreational Trail and Trailhead Description: This project includes construction of a new trailhead with parking, signage, and other appurtenances at the Metcalf Road switchback leading up Metcalf Gulch. It will require retaining walls, drainage improvements, and extensive trail building and improvements in the area, but will be an excellent addition to the Town's recreational trail network: Status: This project is identified in the Recreational Trails Master Plan and scheduled for implementation in 2013. Budget: 2015 $ 250,000 Beaver Creek Overlook Trail Improvements Description: This project includes resurfacing the Beaver Creek overlook trail, parking lot and trailhead improvements, and a sun or picnic shelter at a lookout point to Beaver Creek and beyond. This areas' combination of accessibility and outstanding vistas will make it a popular destination. Status: This project is identified in the Recreational Trails Master Plan and is scheduled for implementation in 2014. Budget: 2014 $ 250,000 Buck Creek Trail Improvements Description: Construction of a gravel surface trail on the east side of Buck Creek from Swift Gulch Road north to the existing Buck Creek trailhead. Status: The land for this project was dedicated to the Town as part of the Buck Creek PUD. Budget: 2015 $ 150,000 Section I, Page C -26 COMMUNICATIONS AND TECHNOLOGY Toastmaster, Granicus, a -gov Projects Description: The Toastmaster, Granicus, and a -gov projects consist of a Town Council video recording system, an agenda -based web streaming system, and miscellaneous record management, efficiency, and website enhancements, respectively. Status: The budgetary numbers are placeholders for use as technologies develop and more specific Town requirements and goals are specified. Budget: 2011 $ 50,000 2014 $ 100,000 2012 $ 100,000 2015 $ 100,000 2013 $ 100,000 Section I, Page C -26 TOWN OF AVON 2010 CAPITAL PROJECTS FUND 5 -YEAR PLAN PROJECT DESCRIPTIONS (Grant Contingent Projects) FACILITIES Public Works and Transportation Facilities Improvements Description: This project involves construction of facilities at the Swift Gulch site and the Traer Creek Village site to provide replacement of existing inadequate temporary portable transit and public works maintenance facilities. ECO Transit is a partner in this priority project. This capital investment includes the following components: For Transit - a transit bus storage building, administration offices, training room, locker room, break room, underground parking, additional vehicle storage, heated and unheated storage areas for parts and equipment, automated wash bay, archive - document storage, site security, electronic file storage for bus and site security digital films, CDL -B training course, parking for transit foremen vehicles, unheated storage for bus shelter materials, and yard storage. For Public Works — administrative offices, wood - working shop, irrigation shop, electrical shop, vehicle and heavy equipment indoor parking, equipment storage, bulk materials stockpiling, covered cinder storage, greenhouse, paint/chemical storage, etc. plus shared occupied spaces with the Transit Division (e.g., break room, locker room, etc.). For Other Departments - police impound lot, document storage, computer /IT repair shop, and yard storage for special events materials. The project includes site work to maximize available town -owned land and photovoltaic systems to off -set much of the on -site uses. The Town is pursuing a LEED certification for the Administrative Building. The project results in facilities that will allow the Town and the County to continue to operate and maintain, as well as expand the existing public transportation system for the next 20 -30 years as development progresses toward the transit - oriented vision for this region as defined by the Town and the County. It also results in facilities to allow the Town to provide a reasonable level of service through 2025 for continued public works maintenance (e.g., parks, fleet, roads, bridges, streetscapes, and trails). This investment will positively impact annual operating costs by reducing labor time and extending vehicle and equipment life; it will reduce occupational hazards and improve the Town's storm water management and hazardous material handling practices. Without this project, the Town will not have sufficient "back -of- house" operational facilities to satisfy the goals of the Comprehensive Plan nor the West Town Center Investment Plan. Status: Preliminary engineering and environmental permitting was prepared in 2008. Grant applications to CDOT and the Federal Transit Administration were submitted for $14M to cover the transit portion of the project; awards should be announced by end of 2010. An IGA with ECO Transit to share in the design and construction costs is in preparation. No grant sources Section I, Page C -26 have been identified for the Public Works portions; the Town expects to pay for this portion of the project directly. Budget: The schedule below is predicated on receiving grant funding and an agreement with ECO regarding cost - sharing. Grant funds were requested for Phases 1A and B to start construction in 2010, however, there is a reasonable probability that such funds may be delayed such that construction could not commence until 2012. The schedule and funding plan below is staff's best estimate as to the probably timing and local share of various phases. Costs have been escalated to the year indicated in the first column. Estimated Total Grant proceeds Town Local Year Cost in Start Year (assumed) ECO Funds 2011 Design, phase 1 $ 1,300,000 $ $ 522,000 $ 778,000 2011 Design, temp. transit facilities @ Village site $ 300,000 $ $ - $ 300,000 2015 Design, phases 2,3,4 $ 950,000 $ $ - $ 950,000 2012 Construction phase 1A (site work) $ 9,403,600 $ 6,000,000 $ 1,600,000 $ 1,803,600 2013 Construction phase 1B (Admin Bid, Barn) $ 14,105,400 $ 6,000,000 $ 1,600,000 $ 6,505,400 2016 Construction phase 2 (50 %site, Lg Equip) $ 2,800,000 $ - $ - $ 2,800,000 2016 Construction phase 3 (PW shops Bid) $ 4,700,000 $ $ $ 4,700,000 2016+ Construction phase 4 (car wash) $ 1,500,000 $ $ $ 1,500,000 $ 35,059,000 $ 12,000,000 $ 3,722,000 $ 19,337,000 Fleet Maintenance Building Photovoltaic System Description: Panels would either be installed on existing Fleet Maintenance Building or could be installed on new rooftops which may be constructed as part of the Swift Gulch transportation operations facility site improvements. This project is grant dependant on FTA TIGGER funds (grant request is $999,000 for 80% with local match of 20 %). Status: Application was submitted in May 2010 as part of state -wide request. Notice of funding award expected by October 2010. Budget: 2011 $1,248,750 (of which $999,000 would be a federal grant) Section I, Page C -26 Roads and Streets 1 -70 Berming for Noise Reduction Description: Construct and landscape earthen berms along 1 -70 rights -of -way (ROW) to mitigate noise from the interstate. This phase would be located north of West Beaver Creek Blvd. Construction there would be on both Town - owned ROW plus CDOT ROW, so a CDOT ROW Use Permit is required. It is anticipated that the Town may construct this project over a period of time using fill materials as they become available (e.g., from excavation work associated with the Town's other capital projects). Project will reduce costs for materials disposal of town construction while also benefiting residents through streetscape enhancement and noise reduction. Status: Public Works initiated discussion with CDOT staff regarding this project and determined that this project appears feasible. A noise survey was conducted in 2008 which measured the existing noise from 170 at a level above 65 db — sufficient to demonstrate impact to CDOT. The next steps are to prepare preliminary engineered design drawings, submit ROW and noise abatement permit applications to CDOT, prepare final design drawings and specifications, and conduct construction. Budget: 2012 $ 20,000 (predesign, permit application submittal package) Multi -Modal /Alternative Mobility: Eagle River Bridge at Avon Road Description: Construct a bridge for a pedestrian and bicycle trail across the Eagle River adjacent to Avon Road. The trail will connect the existing core trail on the north side of the river with the trail to be constructed along the north side of US6 in 2013. The project will be a partnership with the ECO trail committee and both parties will apply to obtain GOCO grants. Status: The project is a priority but budget constraints will defer the construction until at least 2013. Budget: 2013 $ 900,000 Section I, Page C -26