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TC Council Packet 07-23-2002Town Council Meetings Roll Call Check Sheet Michael Brown r Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder ?- Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. S CS Seating arrangements from west to east: P. Buckley, Cry, Reynolds, Yoder, McDevitt, D. Buckley, Brown Date: a3I Va- Staff Present: ? Bill Efting -'VW Larry Brooks John Dunn Patty McKenny V Jacquie Halburnt -/ Scott Wright Jeff Layman Norm Wood Meryl Jacobs ? Bob Reed Harry Taylor \I/ Ruth Borne Other Staff IATown Clerk\Council\Packets\Council Meeting Check List.doc STATE OF COLORADO COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JULY 23, 2002, AT 4:15 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:15 P.M. - 5:15 P.M 3) Transit Discussion 5:15 PM - 5:30 PM 3) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: P-"? o n Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 19, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY FINANCIAL MATTERS July 23, 2002 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:7/15/2002 Pagel of 2 For: June, 2002 Permit Purpose: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $15,000.00 # of Bldgs: # of Units: Permit Charges: $503.66 Permit Purpose: Expand SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $298,896.90 # of Bldgs: 1 # of Units: 2 Permit Charges: $4,110.89 Permit Purpose: New Commercial/Industrial Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $2,423,051.72 # of Bldgs: 1 # of Units: 2 Permit Charges: $30,432.03 Permit Purpose: New SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $352,397.20 # of Bldgs: # of Units: 1 Permit Charges: $4,700.57 Permit Purpose: Repair/Remodel Comm/Indust Permit Tally For: June, 2002 Printed:7/15/2002 Page2 of 2 Permit Purpose: Repair/Remodel Comm/Indust Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $2,000.00 # of Bldgs: # of Units: Permit Charges: $114.26 Permit Purpose: Repair/Remodel SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $13,000.00 # of Bldgs: # of Units: Permit Charges: $427.97 Totals: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 11 Construction Value: $3,104,345.82 # of Bldgs:2 # of Units: 5 Permit Charges: $40,289.38 TOWN OF AVON SALES TAX BY MONTH 1998 97'-98'% 1999 98'-99'% 2000 991-001% 2001 001-01% 2002 01'-02% Total 5-Yr Change Change Change Change Change % Increase January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53% February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92% March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 482,084.42 -4.24% 4.76% April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% 289,326.67 -15.91% -6.73% May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% 299,677.89 -5.56% 20.31% June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% - -100.00% -100.00% July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% -100.00% -100.00% August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% -100.00% -100.00% September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00% October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00% November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00% December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00% YTD Total 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 4.36% 1,883,373.16 -4.61% 5.99% YTD Through May Collections 1998-2002 2,000,000.00 1,950,000.00 1,900,000.00 1,850,000.00 1,800,000.00 1,750,000.00 1,700,000.00 1,650,000.00 Year Monthly Collections for May 1998-2002 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 1998 1999 2000 2001 2002 1998 1999 2000 2001 2002 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1998 97'-98% 1999 981-99% 2000 991-001% 2001 001-011% 2002 01'-02% Total 5-Yr Change Change Change Change Change % Increase January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71% February 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% -4.40% March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1,69% 10.46% April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 12,536.40 3.16% -7.53% May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% 8,424.93 24.83% 46.19% June 12,609.03 -9,82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% - -100.00% -100.00% July 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% - -100.00% -100.00% August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% -100.00% -100.00% September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% -100.00% -100.00% October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% -100.00% -100.00% November 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00% December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% - -100.00% -100.00% YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 151,790.78 -0.39% -0.45% YTD Through May Collections 1998-2002 160,000.00 ? r 140,000.00 - - - " - ---? 120,000.00 > r i 100,000.00 s' 80,000.00 i 60,000.00 - ---- - -- - -- --- - j. 40,000.00 20,000.00 1998 1999 2000 2001 2002 Year Monthly Collections for May 1998-2002 14,000.00 - 12,000.00 - - ----- L` 10,000.00 - - 8,000.00 - - 6,000.00 - 4,000.00 - -- - i 2,000.00 -- ----------- 1998 1999 2000 2001 2002 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA July 23, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a. Second Quarter Employee Bonus Awards 3. Ordinances a. Second Reading - Ordinance No. 02 -17, Series of 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision. PUBLIC HEARING (Ruth Borne) b. Second Reading - Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to odor Pollution. PUBLIC HEARING (John Dunn) C. Second Reading - Ordinance 02-14, Series of 2002 - An Ordinance Amending Chapter 12 of Title 13 of Title 3 of the Municipal Code of the Town of Avon Relating to the Primary Residence Exemption From the Real Estate Transfer Tax. PUBLIC HEARING (John Dunn) d. Second Reading - Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials. PUBLIC HEARING 4. Resolutions 5. Unfinished Business 6. New Business a. Appeal of Final Design for the Farr Residence, Lot 40, Block 3, Wildridge Subdivision, 4540 Flat Point Circle 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Reg lar Meetingdoc It. Consent Agenda a. Approval of the July 9, 2002 Council Meeting Minutes b. Approval of Intergovernmental Agreement with Eagle River Water & Sanitation District (Odor Control within the Avon Town Limits) C. East Avon Access & Circulation Streetscape Improvements Change Order No. 6 d. Resolution No. 02-35, Series of 2002, A Resolution to Amend the 2002 Town of Avon Budget e. Resolution No. 02-36, Series 2002, A Resolution Authorizing the Town of Avon to participate in the Coordinated Election of November 5, 2002. 12. Adjournment L\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meetingdoc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Managero?-?'' From: Ruth Borne, Director of Community Development ; - Date July 18, 2002 Re: Second Reading of Ordinance 02-17, An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (Public Hearing) Summary The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. The Planning and Zoning Commission recommended approval of this PUD Amendment on July 3, 2001 with two conditions as attached on Resolution 02-09. Town Council approved this ordinance on first reading on July 9, 2002. Recommendation Staff recommends that the Town Council pass Ordinance 02-17, amending the Lot 61 PUD to extend the expiration deadline from August 3, 2002 to February 3, 2003. Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 02-17, approving an amendment to the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments &('z Memo to Town Council, July 18, 2002 Page 1 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment (Pubic Hearing) Attachments: A. Ordinance 02-17 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-09 Memo to Town Council, July 18, 2002 Page 2 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment (Pubic Hearing) TOWN OF AVON ORDINANCE NO. 02-17 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on July 2, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: \C-s?si?o?d+nar?scs\Z-9D?\OFd-o2=1-7-?6? n? Rt?tR? pUD-amen?do?---- INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this ? day of , 2002, and a public hearing shall be held at the rPm,lar mPPtinv of the Town Council d the Town of Avon, Colorado, on the 2 day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Ma r ATTEST: -O " o Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney FACounci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc • • Staff Report P_ NM PUD Amendment AV O'N C O L O R A D O July 2, 2002 Planning & Zoning Commission meeting Report date June 27, 2002 Project type . PUD Amendment (Deadline Extension Request) Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning PUD Address 75 Benchmark Boulevard Introduction The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed amendment conforms to the Town Comprehensive Plan, and is being requested in order to explore Rather possibilities for conformance with the newly adopted Town Center Plan. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations outlined in the Town Center Plan. An extension of the PUD for 6 months will allow the applicant to explore potential design development opportunities in the context of this plan. __Fa_x Town of Avon Community Development (970) 748-4030 (970j9?9=574 0 Lot 61, Block 2,. BMBC Subdivigh, Lot 61 PUD July 2, 2002 Planning & Zoning Commission meeting Page 3 of 3 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 12. Development Standards Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are not being altered by this proposed amendment. Staff Comments & Recommendation Staff recommends approval of this PUD Amendment to allow a six-month extension of the PUD expiration from August 3, 2002 to February 3, 2003. This extension is specifically being requested by the owner of the property in order to further explore the development opportunities related to the recommendations of the adopted Town Center Plan. Recommended Motion Approve Resolution 02-09, recommending to the Town Council to approve the Lot 61 PUD Amendment, Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb -oWrEoi-AvcmrL m__ eveioprrtent- (rJ7-0j 748 4030 --- - Fax (a(u) a4a-of4a 0 0 ADOPTED THIS 2nd DAY OF JULY, 2002 Signed: Date: ? Z C? Z Chris Evans, Chairman Attest: °Z.1--- - - - ___ Date: 0 - --v Michael McClinton, Secretary ORDINANCE NO. 02-16 AN ORDINANCE REPEALING CHAPTER 8.31 OF TITLE 31 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO ODOR POLLUTION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Repeal. Chapter 8.3 1, Title 8 of the Municipal Code of the Town of Avon is repealed. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 9th day of July 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 23rd day of July, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. .SEAIJ M r ATTEST: 0OLORA©4 To C1 k STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23" DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-16, SERIES OF 2002: Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to Odor Pollution (John Dunn) A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 19th day of July, 2002. r S E A 0 R N POSTED AT THE JULY 19, 2002: TOWN OF AVON, COLORADO BY: i'• 0, ??? Patty c envy Town rk PUBLIC PLACES WITHIN THE TOWN OF AVON ON AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Memo To: Honorable Mayor and Town C uncil Thru: Bill Efting, Town Manager From: Scott Wright, Finance Director Date: July 3, 2002 Re: Real Estate Transfer Tax Ordinance No. 02-14 Summary: The above ordinance adds and clarifies language within the primary residence exemption from real estate transfer tax as noted below: ¦ Allows the application to be filed with a designee of the Town Manager (as is already the practice); ¦ Clarifies existing language regarding circumstances where the property discontinues to be used as a primary residence prior to one year; ¦ Allows the Town to charge interest on the amount due when a primary residence is sold or the character of the property changed prior to one year; ¦ Allows the Town to record with the County Clerk and Recorders Office the promissory note that a purchaser executes with the Town at the time of application for the exemption, and to charge a nominal recording fee therewith. Town Manager Comments: Page 1 ORDINANCE NO. 02-14 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE 3 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO THE PRIMARY RESIDENCE EXEMPTION FROM THE REAL ESTATE TRANSFER TAX. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Subsection O. of Section 3.12.060 of Chapter 12, Title 3 of the Municipal Code of the Town of Avon is amended to provide as follows: "O. The first one hundred sixty thousand dollars of the consideration for any sale or conveyance of real property and completed improvements for. occupancy as a primary residence provided the following conditions are met: 1. The same applicant has not previously received an exemption pursuant to this subsection; 2. An application for exemption is filed with the town manager or his or her designee prior to payment of the tax, which application is accompanied by: (a) an affidavit that the real property is being purchased for use as a primary residence and not for investment or resale; and (b) a promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall cease to use the property as his or her primary residence within one year after closing and granting to the town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record;" INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 9th day of July, 2002, and a public hearing on this ordinance shall be, held at the regular meeting of the Town Council on the 23rd day of July, 2002, at 5:30 P.M. in the Co - , s, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. SEA L ?1 Mayor ?® ATT 6Z O INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 23rd day of July, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ORDINANCE NO. 02-18 SERIES OF 2002 AN ORDINANCE ADDING A USE TAX ON CONSTRUCTION MATERIALS. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows: (a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX." (b) X3.08.020. Taxable items. A new subpart D. is added to state as follows: "D. Upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town." (c) &3.08.030. Sales tax levy. (i) The title of §3.08.030 is changed to state "Sales and use tax levy." (ii) Section 3.08.030C is repealed and reenacted to state as follow: "The retailer shall add the sales tax imposed hereto to the sale or charge of the item sold, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge, shall be a debt from the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as other debts." (iii) A new subpart E. is added to state as follows: "E. (1) A tax of four percent is imposed upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town. (2) Any person who shall build or improve any dwelling or other structure or improvement to realty within the town, including underground provide for full payment of the use tax, then the Finance Director shall make a, demand to the taxpayer for the additional use tax owed; provided, in no case may the Finance Director make a claim for amounts due over and above the amount of the deposit more than three years after a certificate of occupancy or final inspection approval has been issued by the town for the improvement. A taxpayer's failure to honor the Finance Director's claim for additional tax due, as set forth in this paragraph, shall constitute a violation of this chapter. (d) If it is determined by the Finance Director that the deposit is sufficient to provide for full payment of the use tax, then the deposit shall be used to pay the amount of the use tax due. If the Finance Director determines that the amount of the deposit is in excess of the use tax owned, then he shall return any excess amount of the deposit to the person who made the deposit within thirty days of such determination. (4) If a taxpayer purchases construction materials subject to the use tax imposed herein from a vendor possessing a valid Town of Avon retail sales tax license, and if he pays the town's sales tax at the time of purchase of such construction materials, then he shall be entitled to a credit, to the extent of such sales tax paid, to be applied to the amount of use tax owed. (5) Construction materials subjected at the time of purchase to a sales or use tax lawfully imposed on the purchaser by another statutory or home rule municipality in the State of Colorado, if taxed at a rate equal to or greater than the four percent rate provided for herein, are exempted from the Town of Avon's use tax. If the rate of the sales or use tax imposed by such other Colorado statutory or home rule municipality is less than four percent, the difference between the tax due under this chapter and the tax paid by the purchaser shall be due to the Town of Avon, and shall be remitted to the Finance Director. (6) All use tax funds collected by the Town in accordance with the provisions of this chapter shall be appropriated and spent solely for transportation and recreation capital projects and services." (d) 4 3.08.320. Sales tax - Credit for sales or use taxes previously vaid to another municipality. (i) The title of § 3.08.320 is changed to state "Sales and use tax -Credit for sales or use taxes previously paid to another municipalitL." (ii) Section 3.08.320 is repealed and reenacted to state as follow: "For transactions consummated on or after January 1, 1986, the town's sales tax shall not apply to the sale of tangible property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the 3 NO Section 4. Repealer. If the electors approve this ordinance, then on the effective date specified above, all ordinances or parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such inconsistency. Section 5. Severability. The provisions of this ordinance are severable, and invalidity of any part shall not affect the validity or effectiveness of the rest of this ordinance. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this day of July, 2002, and a public hearing on this ordinance sha9p held at t e regular meeting of the Town Council of the Town of Avon, Colorado on the 0'; -day of J u- 2002, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado SF XL ATT P ?OLORP?'3 C Town erk TOWN OF AVON, COLORADO: or 5 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23" DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002: Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tag on Construction Materials A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 19th day A OF/,I TOWN OF AVON, COLORADO SEAL C BY: Pa Mc envy ?,,C410RA?o To POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 19,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date July 17, 2002 Appeal of Final Design for the Farr Residence, Lot 40, Block 3, Wildridge Re: Subdivision, 4540 Flat Point Circle Summary: On June 4, 2002 the Planning & Zoning Commission approved the sketch design plan for a single-family residence on Lot 40, Block 3, Wildridge, as proposed by the owner, Michael Farr. The property is zoned for a duplex, however, only a single-family home is being proposed. Adjacent property owners Chris Cook, Dave Wilkison, and John Eschenlohr attended the sketch plan hearing. The property owners voiced their concerns with the proposed massing and siting of the project. The sketch design plan was unanimously approved. On July 2, 2002, the final design plan was reviewed by the Planning & Zoning Commission. Chris Cook and John Eschenlohr attended this hearing and objected to the project being approved. Staff recommended approval, and the Planning & Zoning Commission found that the project proposed by the owner was in substantial compliance with the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines. The final design plan was unanimously approved. An appeal of the final design plan approval was received from Chris Cook, Dave Wilkison, and John Eschenlohr on July 12, 2002. Copies of the staff reports and appeal letters are attached. Town Manager Comments: CGS c? ? Attachments: • Sketch Design Plan Staff Report • Final Design Plan Staff Report • Appeal Letters from Adjacent Property Owners Memo to Town Council, July 17, 2002 Page 1 of 1 Lot 40, Block 3, Wildridge Subdivision (Farr Residence) Final Design Plan Appeal Staff Report SKETCH PLAN VON C O L O R A D O June 4, 2002 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction May 30, 2002 Single-Family Residence Lot 40, Block 3, Wildridge Subdivision Duplex (PUD) 4540 Flat Point Mike Farr, the owner, is proposing to build a single-family residence. The two story, three car garage, contemporary craftsman mountain design contains approximately 5,500 square feet. There is a significant portion of the property that is unbuildable due to a utility easement and slopes in excess of 40 percent. The home has been positioned to maximize the southern exposure and views of the valley. As this is the Sketch Plan application the applicant has not identified the following items: colors, materials, landscaping plan and lighting. Design Review Considerations According to the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, Section 7, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning Code. • Allowed use: Conforms to the permitted use. • Density: Single-Family residence conforms to the Duplex zoning. • Lot Coverage: Conforms to the maximum site coverage. • Setbacks: Conforms to the setbacks. • Easements: Conforms the easements. • Building Height: Proposed height of 33 feet complies with the 35 foot maximum. • Grading: Grading plan generally conforms. • Parking: Adequate parking is proposed. • Snow Storage: Will be determined at Final Design. • Landscaping: Will be determined at Final Design. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 40, Block 3, Wildridge Subdivision, Sketch Plan June 4, 2002 Planning & Zoning Commission meeting Page 2 of 3 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub-area plan which pertains. This project generally complies the Town's policies. 3. Whether adequate development rights exist for the proposed improvements. The proposed single-family residence complies with the duplex zoning. 4. The sketch plan is in general compliance with all design requirements. 0 Site Development: o Site Design: The building steps down with the existing grades. o Site Access: Complies with the guidelines. o Parking and Loading: Parking is adequate. o Easements: There are no encroachments into the easements. o Site Grading: Grading exceeds 2:1 slope in some places and must be revised for Final Design. o Drainage: Drainage appears to be flowing into the garage and must be revised for Final Design. • Building Design: o Design Character: Generally complies with the guidelines. o Building Height: The proposed height of 32 feet complies with the 35 foot maximum. o Exterior Walls, Roofs, and Architectural Interest: Staff is concerned with the roof element adjacent to the deck on the north side of the building above the third garage and recommends that the deck is extended to the edge of the wall. • Landscaping: Will be submitted at Final Design o Retaining Walls: Once the grades have been revised there may be a need for retaining walls over four (4) feet in height which will require a registered professional engineer to design them. Staff Recommendation Staff recommends approval of the Sketch Plan application for Lot 40, Block 3, Wildridge Subdivision with the following conditions: 1. Roof element should be removed on the deck (off of master bedroom). Deck should be extended to edge of the wall. 2. Proposed grades cannot exceed 2'(horizontal): 1'(vertical) slope. 3. Cross sections need to be provided for all retaining walls. Walls greater than 4' in height need to be designed by a registered engineer. 4. Details need to be provided where the proposed driveway meets the existing edge of pavement on Flat Point Road. Culvert details need to be provided Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 40, Block 3, Wildridge Subdivision, Sketch Plan June 4, 2002 Planning & Zoning Commission meeting Page 3 of 3 5. Positive drainage away from the structure needs to be provided. 6. The proposed elevations at the front stairs do not match between sheet A3 and Al. 7. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748-4030, or stop by the Community Development Department. Respectfully su m' t , Eric Johns Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Town of Avon Planning & Zoning Commission Meeting Minutes June 4, 2002 1. Call to Order The Meeting is called to order at 6:05 p.m. II. Roll Call All commissioners are present. A. Election of Secretary Commissioner Karow nominates Commissioner McClinton as secretary, Commissioner Wolfe seconds the motion and the vote is approved unanimously. III. Additions and Amendments to the Agenda Item VII, Lot 8, Block 1, Benchmark at Beaver Creek is moved to the consent agenda. Tambi Katieb, Planner II, reads into the record the content of the Site Tour and Worksession meetings. IV. Conflicts of Interest Commissioner Macik has a conflict with Item VII of the agenda. V. Consent Agenda Commissioner Karow motions to approve the minutes from the May 21, 2002 meeting, and that Item VII, Split Rail Fence is approved. Commissioner Macik abstains from this vote. Commissioner Smith seconds the motion, the motion carries unanimously. VI. Sketch Plan A. Lots 40, Block 3, Wildridge Subdivision 4540 Flat Point Single Family Residence Applicant: Michael Farr Eric Johnson, Planning Technician, made a recommends approval. brief staff presentation and stated that staff Chairman Evans responds to the letter that the Commissioners have received regarding "the hump" and talks about the ridge lines vs. the height of this hump. Applicant Michael Farr explained the time that he has spent on this design to achieve the best views and architectural style. He has also spent a great deal of time designing according the Design Review Guidelines and feels that he has achieved the best possible design for that lot. Planning and Zoning C'ommisgion Meeting Minutes from Jane 4. 2002 Page 1 of 4 Chairman Evans asked if there was any public comment regarding this application. Dave Wilkenson, who lives on the corner, feels that the Commission needs to take an average of the landscape and grading for this site. He also feels that "the hump" sits up there pretty high and it should be taken down and that the grade also needs to be amended. The project will affect his view corridor. Chris Cook states his concern is the natural grade and "the hump" as well. The hump needs to be re-graded and leveled so that the house does not stick out, he would like to see a lower ridge line impact so that his view corridor may be saved as well. Chairman Evans states that if the applicant wanted to build on the "hump" that he could, also, that he is not exceeding the 35 foot height with his design. The applicant responds that those are true statements. They discuss that if he grades down further it will cause problems with the drainage around his house and design of his house. Commissioner Wolfe states that he only has one comment and that is, that the whole back (south) side of the house is 32 to 33 feet above grade, and he feels that this completely complies with the zoning and design review criteria and he strongly approves of the design. Commissioner Karow, states that this applications does indeed meet and comply with design review guidelines. Commissioners Macik, Smith and McClinton, agree with the other Commissioners and have no comment and agree with approval. Commissioner Karow motions to approve this sketch plan with conditions 2 - 7 of the staff report. Commissioner Wolfe seconds the motion and it carries unanimously. VII. Final Designs A. Lot 8, Block 1, Benchmark at Beaver Creek Subdivision 331 Nottingham Road Split Rail Fence Applicant: Colin Doyle Moved to the Consent Agenda. VIII. Zoning - PUBLIC HEARING (6:20pm to 6:30pm) A. Resolution No. 02-08 - Rezoning Application Lot 6, Mc Grady Acres 0086 Nottingham Ranch Road (0085 Post Boulevard) Applicant: Burt Levin for Edinburgh Corporation 78 Mr. Katieb gave a brief staff presentation, stating that there are also maps on the wall for those who would like to view the portion that is in question. Staff has reviewed application and is recommending approval. Burt Levin, the applicant's Attorney, appreciates the staff report and the time they have spent reviewing the application and really does not have anything further to add. Chairman Evans opens the Public Hearing. Planning and Zoning Commission Meeting Minutes from June 4. 2002 Pnge 2 of 4 Buz Didier, states that none of the neighbors have a problem with the rezoning, however we would like to see some buffering done to help separate the commercial areas from the residential, for instance a berm or some trees, etc. Amy Phillips, resident, states that she would like to insist that they do some sort of buffer along with some sort of public right of way, either a walk/bike path or something that would provide public access to the commercial area from Eaglebend. Chairman Evans, explains that the buffer is something that if the owner wants to put that into the resolution he can, but that the Commission has no way of insisting that they do a buffer. He goes on to explain at the time of design review perhaps these items could be addressed. Commissioner Wolfe then questions the applicant about going on the record with the buffer requirements. Mike Bowen, Applicant, states that at this time they do not wish to go on record with buffer requirements. However, at some point he will put a berm or trees in, they are just not ready to go on the record. Commissioner Karow, states that this application meets our zoning considerations and recommends approval. Commissioner Macik, Smith and McClinton agree with the other Commissioners and have no comments to add. Commissioner Karow motions to approval Resolution 02-08 with two conditions as noted in the staff report and resolution. Commissioner McClinton seconds the motion and it carries unanimously. IX. Other Business A. Minor Projects 1. Lot 83, Block 1, Wildridge Subdivision 2458 Draw Spur Road Color Modification Applicant: Jeff Manley 2. Lot 47, Block 2, Wildridge Subdivision 2540 Old Trail Road Deck and Parking Addition Applicant: Vincent and Amy Guercio B. Sign Permits 1. Lot 45, Block 2, Benchmark at Beaver Creek Subdivision 480 Nottingham Road Applicant: New Life Assembly of God Eric Johnson, Planning Technician gives a brief presentation/description of the items under other business. There are no questions for staff. Planning and Zoning Commission Meeting Minutes from June 4. 2002 Page `i of 4 Commissioner Wolfe inquires about the possible East/West connection in Avon. XI. Adjourn Commissioner Wolfe motions to adjourn. Commissioner Smith seconds and the motion, and it carried unanimously. Meeting adjourned at 6:40 p.m. Sincerely, Darcy D. Tennant Recording Secretary APPROVED: Chris Evans Chairman Mike McClinton Secretary P12nning and Zoning Commission Meeting Minutes from June 4. 2002 Page 4 of 4 Staff Report FINAL DESIGN ago C O L O R A D O July 2, 2002 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction June 27, 2002 Single Family Residence Lot 40, Block 3, Wildridge Subdivision PUD - Duplex 4540 Flat Point Mike Farr, the owner, is proposing a single-family residence. The two story, three car garage, contemporary craftsman mountain design is a large home of approximately 5,800 square feet of living area. The project is utilizing cedar siding, stucco, dry stack stone veneer. The primary roof will use asphalt shingles with the secondary roofs (over the garage and main entry) proposed as corrugated tin. There is a significant portion of the property that is unbuildable due to a utility easement and slopes in excess of 40 percent. The home has been positioned to maximize the southern exposure and views of the valley. Design Review Considerations According to the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, Section 7, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning .Code. • Allowed use: Residential use conforms to zoning. • Density: Single-family density conforms to zoning • Lot Coverage: 11% lot coverage complies with the 50% maximum. • Setbacks: The building does not encroach into any setbacks. • Easements: There are no encroachments. • Building Height: Heighest proposed ridgeline is 34 feet which is under the 35 foot maximum. • Grading: Complies with zoning. • Parking: Complies with zoning. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 40, Block 3, Wildridge Subdivision, Final Design July 2, 2002, Planning & Zoning Commission meeting Page 2 of 3 • Snow Storage: Complies with zoning. • Landscaping: Complies with zoning. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub-area plan which pertains. This project generally complies the Town's policies. 3. Whether adequate development rights exist for the proposed improvements. The proposed single-family residence complies with the duplex zoning. 4. The final design plan is in compliance with all sketch plan approval criteria and with all final design plan submittal requirements. • Site Development: o Site Design: Complies with the guidelines. o Site Access: Complies with the guidelines. o Parking and Loading: 3 spaces are provided in the garage, which complies with the guidelines. o Easements: There is minimal disturbance in the easements. o Site Grading: Complies with the guidelines. o Drainage: The culvert proposed under the driveway is not necessary and could be removed. Drainage appears to pool along front stairsway. Details need to be provided for the drains in the driveway. o Snow Removal and Storage: Complies with the guidelines. o Water, Sewer, and Trash Storage: Complies with the guidelines. • Building Design: o Design Character: Complies with the guidelines. o Building Height: The proposed height of 34 feet is within the 35 foot maximum. The other ridges are all around 32 feet. Per the building code an ILC will be required at the time of framing. o Building Materials and Colors: Are similar to other homes in vicinity. The use of the corrugated metal must be specifically approved by the Commission. o Exterior Walls, Roofs, and Architectural Interest: Complies with the guidelines. o Outdoor Lighting: Complies with the guidelines. • Landscaping: o Design Character: Complies with the guidelines. o Erosion Control: Complies with the guidelines. o Retaining Walls: Complies with the guidelines. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 40, Block 3, Wildridge Subdivision, Final Design July 2, 2002, Planning & Zoning Commission meeting Page 3 of 3 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. The project has been oriented with the slope and disturbance is minimal for the size of the development. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The development will appear to be built into and step down the site. The proposed height of the project is one foot below the maximum. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. This project should not impair monetary or aesthetic values. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This development generally conforms to the Town's policies. Staff Recommendation Staff recommends approval of the final design application for Lot 40, Block 3, Wildridge Subdivision with the following conditions to be resolved prior to building permit: 1. The location of the address marker must be identified. 2. Drainage must be clarified in the following areas: a. Details need to be provided for the drains located between the driveway and the garage areas. b. The culvert is not located in the Public Right-of-Way and maintenance will be the responsibility of the owner. It appears that a culvert may not be necessary. c. Drainage appears to pool adjacent to the southeast wall of the entryway staircase. 3. The front entryway shown on sheets Al, L1, and C1 must be consistent with the front entryway shown on sheets A2 and A3. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748-4030, or stop by the Community Development Department. R1: lly subm' e Eson Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Minutes of Planning & Zoning Commission July 2, 2002 Council Chambers Town of Avon Municipal Building 400 Benchmark Road 1. Call to Order The meeting was called to order at 6:00 PM. II. Roll Call All Commissioners were present with the exception of Commissioner Wolfe and Chairman Evans. The newly appointed Commissioner, Patrick Him, was also present. III. Additions and Amendments to the Agenda Commissioner Him was sworn in by Celia Fenton, Deputy Clerk. IV. Conflicts of Interest None. V. Consent Agenda The Meeting Minutes from the June 18, 2002 Planning & Zoning Commission was the only item on the consent agenda. Commissioner Smith motioned for approval of the consent agenda, Commissioner McClinton seconded. The motion passed unanimously with Vice Chairman Karow abstaining. VI. Final Design A. Lots 40, Block 3, Wildridge Subdivision 4540 Flat Point Single Family Residence Applicant: Michael Farr Eric Johnson, Planning Technician, gave the staff presentation. The applicant had no presentation. Acting Chairman Karow asked that if anyone would like to speak and stated that no public hearing is required for this application, and that they limit their comments to two minutes or under. Chris Cook, an adjacent property owner, spoke about the proposed application. He had objections to the project because he feels that it dominates the ridgeline. Also, he stated that the building does not step with the natural grade. Mr. Cook opposes the application as designed right now. John Eschenlohr, another adjacent property owner, has concerns about project. Page A.1 of site plan shows existing contours that are different from approved sketch plan, specifically the northeast corner. He stressed that this is different from sketch plan approval. He also stated that the applicants survey is different by four feet from his survey. Mr. Eschelohr thinks this is a significant change. Mrs. Rychel, a member of the public, spoke to support the home design. She is not clear on why the adjacent property owners are objecting to such a design. She thinks they cannot take away his rights to develop this lot, and that the Commission should go ahead and approve this project as is. Commissioner Macik began deliberation, and said that the home does meet the guidelines and considerations. He said that the project does step with the site as proposed. Also, the ridgeline is broken up adequately. As for the changes from the sketch plan, he said that this was the reason to have a sketch plan application so that minor items like grading and drainage problems are adjusted on the final design plan. Commissioner McClinton agrees with the comments of Commissioner Macik. The home meets the criteria. Commissioner Smith also agrees that the home meets the criteria. Commissioner Him also feels that the home meets the guidelines. Chairman Karow is in favor of the application as proposed. Commissioner McClinton motioned for approval of the application, with conditions 1 through 4 as stated by staff. Commissioner Him seconded the motion. The vote passed unanimously. VII. PUD Amendment- PUBLIC HEARING A. Resolution No. 02-09 Lot 61, Block 2, Benchmark at Beaver Creek Subdivision 0075 Benchmark Road Applicant: Michael Hazard for IDG3 LLC Tambi Katieb, Planner II, gave the staff presentation. He discussed the request from IDG3 LLC to simply extend the PUD approval for six months, from an expiration date of August 3, 2002 to February 3, 2002. The reason for the extension is to work with the Town Center Plan. Public hearing was opened and closed. Commissioner Macik asked how long the extension could be for. Mr. Katieb responded that the six months was appropriate, and agreed to by staff and the applicant. Commissioner Karow asked if the reason was to work with the Town Center Plan. Ruth Borne, Director of Community Development, stated the reasons for the extension. Also, the resolution contained language regarding the Town Center Plan. Commissioner Him made a motion to approved Resolution 02-09. Commissioner McClinton seconded the motion and the motion passed unanimously. IX. Other Business A. Minor Projects 1. Lot 1, Cottonwood Resort Subdivision 0110 Nottingham Road Temporary Fuel Storage Minutes of P&Z Meeting July 2, 2002 Page 2 Applicant: Fieldstone Development 2. Lot 28, Block 4, Wildridge Subdivision 5501 Coyote Ridge Deck, Dormers and Window Addition Applicant: Tim Hebert 3. Lot 2, Block 5, Wildridge Subdivision 1004 B Wildwood Road Addition Applicant: Curt Anderson Staff gave a brief summary of the minor projects that were approved. The Commission had several questions. XI. Adjourn Commissioner Karow made a motion to adjourn and Commissioner Macik seconded the motion. The motion was approved unanimously. The meeting was adjourned at 6:25 PM. Respectfully submitted, Eric Johnson Acting Recording Secretary APPROVED: Andrew Karow Vice Chairman Michael McClinton Secretary Minutes of P&Z Meeting July 2, 2002 Page 3 Town of Avon Town Clerk P.O. Box 975 Avon, CO 81620 To Whom It May Concern: ? /y/Zoo I am writing to you concerning the Farr property at 4540 Flatpoint, Wildridge, Lot 40, Block 3, to inform the town that we wish to appeal the Design Review Board's approval of the Farr home. We do not feel that the Design Review Committee paid enough attention to the lot grade. The land at the home site is 81' wide and drops 15' or approximately 19%. The proposed Farr home's main ridge over the same 81' drops only 1' or approximately only 1%. The Town of Avon guidelines have three examples of how a property is to be contoured to the natural slope of the lot. During the Farr home preliminary and final meetings this was brought to the DRB's attention but was not discussed or criticized by the board. We strongly feel this deserves further review and attention to rooflines and lot grades. The other item we wish to contest is a statement from the Town of Avon Design Philosophy section which states that the intent of the design guidelines are to preserve and protect property values. Also to harmonize the natural environment and not to dominate. Please find enclosed attached photos that we believe are our best estimate of home mass and elevation if the Farr home is built as approved. The views are from the Northeast and Southwest elevations of the ridgeline. Please contact Chris Cook, John Eschenlohr or Dave Wilkison if you have any questions. Thank you for your time concerning this matter. Sincerely, a(t?ave ?IWHW n, 39 72 N - 'a s Cook, 390-2588 .l1oT Pa-*-r? T John Eschenlohr, f• k ,t• 6 . 190 :?at 1 M RECEIVED J u L 0 5 2002 John W. Eschenlohr ?iLilll? paveit? 1! iox 055 Avon, CO 81620 Tel. 970 949 0636 Fax. 970 949 0635 e-mail: esch@vail.net July 3, 2002 Mr. Bill Efting Manager, Town of Avon P.O. Box 975 Avon, CO. 81620 Dear Bill: Once again I am writing to you with respect to anticipated construction at 4540 Flat Point (the Farr property), which is the lot immediately east to our home. Yesterday I attended the regular Tuesday meeting of the Planning and Zoning Commission which had this project on its agenda. At the outset Chris Cook, the neighbor on the other side of the lot in question, and I were told we would have two minutes each to state our objections, a parliamentary maneuver which set the stage for this most unusual occasion. There were two points I wished to raise with the commission. One had to do with changes in the final engineering drawings which reflected a change in position, as compared to sketch approval of the structure by moving its north west corner 5 feet closer to my lot line, a not inconsequential change in view of the sensitive nature of the view corridor. Furthermore, such change from sketch plan is not consistent with page 44 of Design Guidelines which require conformance with sketch plan approval. This point was dismissed as being inconsequential. The second point concerned an apparent inconsistency in the survey submitted by Farr as compared to the survey approved for my home. I was cut off from discussing this issue by being told my time was up. At issue with the survey is the 8514 foot contour line on the Farr Survey which is 4 feet higher at the same point as the survey line on my plan which reflects 8510 feet. This point is at the north-east corner of my lot about 5 feet along my lot line to the south which is shared with Farr. This is not an insignificant difference in view of the firm commitment by the Town to rigorously enforce the 35 foot maximum height limit ABOVE ORIGINAL GRADE. One of the two surveys is wrong, yet the Farr survey is conveniently higher apparently to aid in locating the home to avoid having to remove excess earth and fill from the site. I strongly assert the Town has an obligation to investigate such a discrepancy and resolve it to the satisfaction to all interested parties. I was struck by the fact that commission members were unaware and unprepared to deal with these issues even though I had discussed them prior to the meeting with Eric Johnson of your staff, who was in attendance and confirmed the essential facts. Unaware John W. Eschenlohr P.O. Box 7055 Avon, CO 81620 Tel. 970 949 0636 Fax. 970 949 0635 e-mail: esch@vail.net of the facts and unwilling to listen, the commission swept aside the gist of my presentation and swiftly voted to approve the project. The impression is unavoidable that this was a prearranged deal and that the commission is neither interested nor inclined to consider the concerns and legitimate interests of those most affected by the impact of this construction. The question lingers: Why? Accordingly, I urge you to direct Staff not to grant a building permit for the project at 4540 Flat Point until the issue of conflicting elevations is explored and is definitively resolved in a professional manner by an independent surveyor. Sincerely, J W. Eschenlohr cc. Judy Yoder, Mayor Blake Lynch, Esq. Chris Cook Dave Wilkison Chris Cook 4530 Flatpoint Avon, CO 81620 (970)845-8380 May 30, 2002 Page 1 of 2 Chris Evans Planing & Zoning Commission Town Of Avon Dear Chris & Members Of The Planing & Zoning Commisson, I am writing to you and the planing & zoning commission regarding the proposed construction at 4540 Flat Point in Wildridge. The new residence will sit between our house and John & Virginia Eschenlohor's residence along the Flat Point Road ridgeline. The main issue I am addressing is a hillside on our property and adjacent to Mike Farr's property (4540 Flatpoint) that existed when we purchased our home. The hillside, known in our neighborhood has "the hump" was a messy shale cut at purchase time in 1995 since then we have improved it into a irrigated rock garden. I want to make very clear to you my willingness and desire to lower the height of "the hump" with the specific outcome being a lower ridgeline height of the proposed residence. In my estimation the hill could be lowered six to ten feet (from the high point) and still allow us to have some of the rock garden in place. The condition of lowering "the hump" and relandscaping our property that I would require would be that the proposed residence be lowered by an equal or greater amount. The end result would achive many things. One: lowering the visual impact of the proposed structure on the ridge by keeping the structure ridgeline lower. Two: keeping a better flow of the ridgeline homes and minimizing the "step-up" look that is now proposed. Three: having a better landscape interface between homes. Four: reduced the impact on the view corridor of our home and the homes behind (north of) the proposed residence. Five: keeping more value in all of the surrounding homes because of the previous stated outcomes. Approximately a year ago I asked Mr. Farr to contact me regarding the design of his house and the impact on our property. He did not do this and moved ahead with the design without any imput from me or the other neighbors. I am not implying that he was required to do this, it just could have helped in the planning of such a tricky and sensitive building lot. Page 2 of 2 In a meeting with Dave Wilkinson (4495 Wildridge Road West), Mr. Farr and myself reviewing the proposed residence I indicated that I would pay $500.00 towards survey costs & revegetate my excavated property. That offer still stands. I may pay for the excavation on my property to accommodate Mr. Farr's project depending on the cost and final ridgeline height of the home. The construction codes and guidelines that are in place have evolved over many years and for the most part can be applied to all homes in Wildridge. However I do not think this site can be built just around existing guidelines. Due to the elevation of the Eschenlohr Residence and the elevation of "the hump" special planning considerations need to be made particularly due to the fact that I am willing to recontour my property in a effort to lower the proposed house and minimize ridgeline impact. In closing I would like to point out (and its obvious!) that my own home is probably the best example of what not to build on a ridgeline. I am currently designing an extensive exterior remodel that we are going to under take approximately August 2003. I have included the preliminary exterior elevations. The intent of this remodel is to lower the roof height of the duplex, give the exterior some architectural appeal and increase the value of our home. The reason I am bringing this proposed remodel to your attention is so you can consider this in your evaluation of the final ridgeline apperance. Thank you for your time. Sincerely, Ch is J. Cook CC: Dave Wilkinson 4495 Wildridge Road West John & Virginia Eschenlohr, 4550 Flatpoint f John W. Eschenlohr May 9, 2001 The Hon. Judy Yoder Mayor, Town of Avon P.O.975 Avon, CO..81620 Dear Mayor Yoder: P.O. Box 7055 Avon, CO 81620 Tel. 970 949 0636 Fax. 970 949 0635 e-mail: esch@vail.net I am writing to you with our concern regarding possible construction activity at Flat Point 4540, Wildridge which is the lot next to our residence at Flat Point 4550.Virginia and I will spend a good part of the rest of the year out of state and may not be here to make our concerns known in person in the event the project comes up for review in our absence .We would therefore appreciate it if you would take note of our concerns and communicate them to the planning and zoning officials. Four years ago, we went through the procedure of securing approval for construction of our current residence. I won't bore you with the details but the net effect of changes insisted upon by the town was to increase our cost by over $ 30 000 as we were forced to relocate our home further into the hill to meet height limitations. As a result , we incurred unanticipated excavation costs and needed to haul away excess soil. In spite of this we are happy with the final outcome and feel our home fits harmoniously into the ridgeline. Under these circumstances I hope you will understand that we expect the town to insist upon nothing less when it comes to the development of the lot next to us. With this in mind I have included a couple of photographs which outline a maximum building envelope which reflects the limitations previously insisted upon by the town. In closing, let me emphasize how pleased we are with your and Council's efforts to improve the appearance of our town. We genuinely enjoy living here and hope to continue to do so for many years. Best wishes for continued success! Sincerely, John and Virginia Eschenlohr. / cc. Chris.and Cheryl Cook, 4530 Flat Point +' ?. ; . x 3:. r ," 1 - .f6-'<'. ?, Vii,. r3 ? ? h r?- ?:;; 4l Y t - _? ?? 0 rt x. f G , ? 3 a? i r ... a Olt 1 7"A7 r.v w k R? g s'h F`0 L 3 _ ai . Jf 7il j'I {{ t,? , flow i?t f r? ?A Ar'. a???ry 1?????,? A? t ?? t• y fk 1 YtYz}a + t.. j A. W" tv V. * w ?ryr+t} .?K.?ry.Y ???f r }''. 1. wt3i !?*A'.. f,w , j ?J i r? f a• X1.1 r} i`Nf ?K? y. . ?? i i'Y.' 1 .?c°..iw•?_ry, p {. f .?.??'?+ `' ? ids , . i*w ???' its''+r' +}4l'+f~? £'? ` ? v 'j '? ? ' tii a ,t?^SS v. N?i4.? ???• .?' iF_?_ ).? 14 It 4Y I., A 'i It 1 JIB y ?M 1 r^ me At 'J t .?, i t 1 + y S ` k Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2002 Jun-02 Purchaser Name May Balance Forward Amount of RETT Property Received Wise & Pease Seasons #509 Erice & Grace Seasons #326 Title Comp Rockies Mtn. Vista #59 Title Comp Rockies Mtn. Vista #60 Title Comp Rockies Mtn. Vista #61 Title Comp Rockies Mtn. Vista #62 Lange, Diane & John Beaver Bench Conco #A21 Gacek Michael, & Yaeger Joan Buck Creek Condos #105B Tischer, Lai Benchmark Condo, C22 Vanderwalker, Robert & Vickie Sunridge #202 G Title Comp Rockies Christie Lodge Timeshare Title Comp Rockies Christie Lodge Timeshare Title Comp Rockies Christie Lodge Timeshare Title Comp Rockies Christie Lodge Timeshare Title Comp Rockies Falcon Pointe Timeshare Holiday Falcon Pointe Timeshare Holiday Falcon Pointe Timeshare Rice, Rice, & Rice Falcon Pointe Timeshare Title Comp Rockies Lakeside Terrace Timeshare Title Comp Rockies Lakeside Terrace Timeshare Chasse David Gosshawk Townhomes # 9 Lautenberg, Joshua Wildcat Ridge Townhomes #10 Mcleod, Craig Ski Vista Townhouses #A-1 Falk, Brett & Noel Lot 17, Blk 1, Eaglebend Subdivision Molotchev, Dmitry Lot 6B, Blk 3 Wildridge Willoughby, Robert, Joan Lot 8A, Bilk 3, Wildridge Brown, Richard & Jr. Lot 33, Blk 2, Wildridge Warble, Eric & Kathryn Lot 37, Blk 4, Wildridge Isom, Robert & Mary Lot 69B, Blk 1, Wildridge Small, Edward & Katherine Lot 19, Blk 3, Wildridge Total through June Total through May Total May Receipts $784,828.06 $1,320.00 $4,170.00 $9,287.10 $11,615.62 $10,037.10 $6,697.70 $278.00 $4,500.00 $2,100.00 $2,690.00 $381.60 $572.80 $403.20 $355.20 $130.00 $408.00 $60.00 $100.00 $379.90 $289.90 $1,760.00 $3,900.00 $2,360.00 4,100.00 $9,800.00 9,650.00 5,130.00 5,740.00 6,200.00 28,000.00 $917,244.18 $917,244.18 ($784,828.06) 132,416.12 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 9, 2002 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Buz Reynolds and Brian Sipes present. Absent was Mac McDevitt. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Julie Kessenich, Avon's Recreation Coordinator, presented a status report on the 4th of July celebration and an update to two special events, the Thunderbird Artist Festival and the Triple Bypass Bicycle Race. Scott Fulton, Charter Sports, presented a letter to the Council in response to the article in the newspaper addressing transit issues. He indicated their concern over charging the guests for transit services and that it was sending the wrong message. He asked that Charter Sports be included on future discussions on the topics of revenues sources and transit services. Public Hearing Post Boulevard Public Right of Way Annexation: Community Development Director Ruth Borne presented Resolution No. 02-27, Series 2002. The Resolution is designed to determine that the Colorado Revised Statues have been complied with regarding eligibility for annexation and other statutory requirements in the Petition for Annexation filed by Traer Creek Metro District, Edinburgh Corporation and Margaret Beyer; Personal representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way. Mayor Yoder opened the public hearing for comments, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve Resolution No. 02-27, Series 2002 - A Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the annexation of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation. Councilor Brown seconded the motion and it passed unanimously by those present (McDevitt absent). Community Development Director Ruth Borne presented on second reading Ordinance No. 02- 09, Series 2002. The purpose of the Ordinance and the public hearing is to finalize the annexation of the property contained in the petition to the Town. without lapsing the currently approved PUD, which expires august 3, 2002. A public hearing will be scheduled in 2 weeks. Councilor Reynolds moved to approve Ordinance No. 02-17, Series 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision. Councilor D. Buckley seconded the motion and it passed unanimously by those present (McDevitt absent). Town Attorney John Dunn presented on first reading Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to odor Pollution. He noted that discussion had taken place between Town and ERWSD on an intergovernmental agreement regarding odor control within the Avon town limits vs. enforcement through the Town's code. If the agreement were signed then this Ordinance would repeal the section of the Code pertaining to odor control. It was noted that further discussion would be held and some minor changes might be made, so the agreement would be considered at the next meeting. Councilor D. Buckley moved to approve on first reading Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to odor Pollution. Councilor Brown moved to second the motion and it passed unanimously by those members present (McDevitt absent). Finance Director Scott Wright presented on first reading Ordinance 02-14, Series of 2002 pertaining to the real estate transfer tax. The Ordinance was written to add and clarify language within the primary residence exemption from real estate transfer tax (several specifics were noted per the memo in the packet). Councilor Reynolds moved to approve on first reading Ordinance No. 02-14, Series 2002 - An Ordinance Amending Chapter 12 of Title 13 of Title 3 of the Municipal Code of the Town of Avon Relating to the Primary Residence Exemption From the Real Estate Transfer Tax. Councilor D. Buckley seconded the motion and it passed unanimously by those members present (McDevitt absent). Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials on first reading was presented to the Council. The use tax on construction materials would provide an additional revenue source to be used for transportation and recreation services. In order for the question to be placed on the November 5, 2002 ballot, two readings and a public hearing are required. Councilor Reynolds moved to approve Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials on first reading. Council D. Buckley seconded the motion and it passed with a three to two vote (D. Buckley, Reynolds, Sipes - yea; Brown, P. Buckley - nay; McDevitt absent). Regular Council Meeting Page 3 of 4 July 9, 2002 AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND EAGLE RIVER WATER & SANITATION DISTRICT IN CONJUNCTION WITH ODOR CONTROL WITHIN THE AVON TOWN LIMITS THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this day of 2002, by and between The Town of Avon, Colorado through its Town Council and Eagle River Water & Sanitation District by and through its Board of Directors. RECITALS WHEREAS, The Town of Avon desires a pleasant and odor free environment for all its residents and visitors; and WHEREAS, Eagle River Water & Sanitation District owns and operates the Avon Wastewater Treatment Plant for the protection of the health and safety and for the common good of residents and visitors in and around the Town of Avon; and WHEREAS, Eagle River Water & Sanitation District desires to operate the Avon Wastewater Treatment Plant in an efficient and odor free condition; and WHEREAS, Eagle River Water & Sanitation District seeks a cooperative working relationship with the Town of Avon staff and elected officials; and NOW, THEREFORE, in consideration of the mutual cooperation and promises of the parties hereto, the District and the Town agree as follows: 1. Duties of the District 1.1 The District agrees to operate the Avon Wastewater Treatment Plant in an efficient and odor free manner. 1.2 The District agrees to provide appropriate operational and capital funds to ensure the efficient and odor free operations of the Avon Wastewater Treatment Plant. 1.3 The District agrees to notify the appropriate Town officials when they anticipate that upcoming actions could cause an odor excursion. In this event, the District needs to explain all steps that they will take to minimize the odor excursion. 1.4 The District agrees to assist the appropriate Town officials in the investigation of complaints of odors within the Town limits. 1.5 The District agrees to provide the Town with a written explanation of the cause of odor releases offsite the WWTP and within the Town limits within 72 hours of the excursion. The District agrees to take all appropriate actions to prevent a re-occurrence of the "cause" of this offsite odor release. The Memo To: Thru: Honorable Mayor and Town Council Bill Efting, Town Manager From: Norm Wood, Town Engineer-? Anne Martens, Assistant Town Engineer Date: July 17, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 6 Summary: Attached Change Order Number 6 for the East Avon Access & Circulation Streetscape Improvements represents minor modifications required to address actual field conditions encountered in construction and over excavation of subgrade material due to unsuitable soils. Change Order Number 6 include sidewalk and retaining wall revisions at Plaza Way, sidewalk revisions at Christy Sports and Tract Q due to elevation problems, cross pan revisions at Plaza Way, deletion of conduit and over excavation of subgrade material on Plaza Way and East Benchmark Road. Change Order Number 6 increases the contract amount by $12,663.00 and is reflected in the project summary below. The net effect of this Change Order is to increase the Contract Amount $12,663.00 from $ 2,409,225.60 to $2,421,888.60. Ap proved Project Budget Project Status Construction Contract $2,259,987 $2,259,987 Change Order No. 1 $ 16,234 Change Order No. 2 $ (1,754) Change Order No. 3 $ 1,423 Change Order No. 4 $ 26,120 Change Order No. 5 $ 107,215 Change Order No. 6 $ 12,663 Engineering Design $ 75,000 $ 75,000 Appraisals $ 35,000 $ 19,000 Legal $ 30,000 $ 30,000 Contract Administration $ 80,000 $ 80,000 Testing Services $ 30,000 $ 30,000 Administration $ 15,000 $ 15,000 Easements & R/W $ 349,430 $ 211,352 Contingencies @ 1.5% $ 42,732 $ 34,909 Total Proposed Budget $2,917,149 $2,917,149 C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\C0 No 6 MemO.Doc Approval of Change Order Number 6 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $12,663.00 from $2,409,225.60 to $2,421,888.60. Recommendations: Approve Change Order Number 6 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $12,663.00 from $2,409,225.60 to $2,421,888.60. Town Manager Comments: C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\C0 No 6 MemO.Doc 2 CHANGE ORDER Order No.: 6 Date: 7-17-02 Agreement Date: April 15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Sidewalk Revision at Plaza Way (Approx. Sta. 0+80 to Approx. Sta. 1+40) From 8' to 6': Deduct 87 SF from Item 13.5 Conc. Pavers for Walks @ $12/SF -$ 1,044.00 Add 8 LF to Item 5.6 4" PVC Conduit @ $7.00/LF (under sidewalk @ Alt. #3) + $ 56.00 Add 47 SF to Item 4.7 Concrete Sidewalk & Base Course for Strip of concrete on south side of trash enclosure between wall and sidewalk @ $6.00/SF +$ 282.00 Add concrete pad removal for modifications to Benchmark Plaza (Lot 20) patio +$2,750.00 Add 10 FF to Item 11.4 Precast Conc. Block Walls Reinforced @ $29.00/FF +$ 290.00 Add 142 SF to Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF (Lot 20 Patio) +$ 852.00 Total +$3,186.00 Alley on West side of Annex: Add 20 LF to'Item 2.4 Curb & Gutter Demolition @ $5.00/ LF +$ 100.00 Total +$ 100.00 Sidewalk Modifications at Christy Sport: Add 31 LF to Item 4.8 Curb & Gutter @ $17.00/LF (Sidewalk along existing patio) +$ 527.00 Add 2 Steps to West side of Building @ $250.00/Step +$ 500.00 Remove variable height concrete step at north side of Christy Sports entrance and replace with sloped pad to patio 20 SF @ $12.00/SF +$ 240.00 Total +$1,267.00 Excavation and Disposal of Unsuitable Material, Place and Compact Two (2) feet of 6" Minus Pitrun Material on East Benchmark Road (29ft x 24ft x 2ft): Add 51.6 CY of excavate, dispose, place and compact @ $40/CY +$ 2,064.00 Total +$ 2,064.00 Remove Pavers on South Side of East Benchmark Rd: Relocate 98 SF of Item 13.5 Concrete Pavers for Walks from Sta. 1+84 to Sta. 2+40 (New location to be determined later). + $ 0.00 Add 98 SF to Item 4.7 Concrete Sidewalk and Base Course @ $6.00/SF + $ 588.00 Total + $ 588.00 Excavation and Disposal of Unsuitable Material, Place and Compact Two (2) feet of 6" Minus Pitrun Material at Various Locations on Plaza Way: Add 162 CY of excavate, dispose, place and compact @ $40.00/CY+ $ 6,480.00 Total +$ 6,480.00 Add Retaining Wall Behind Sidewalk of Additional Parking on Plaza Way: Add 80 FF of block retaining wall @ $29.00/FF +$ 2,320.00 Total +$ 2,320.00 Sidewalk Revision from 8' to 6' Along Plaza Way on West Side of Tract Q: Delete 454 SF from Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF Add 328 SF to Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF Total Sidewalk Removal/Revision at North End of Tract Q: Add 134 SF to Item 2.5 Sidewalk Demolition @ $3.00/SF Add 24 SF to Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF Add 2 concrete step risers @ $270.00/riser Total Deletion of 4" Conduit at Along Chapel Place: Delete 703 LF from Item 5.6 4" PVC Future Use Conduit @ $7.00/LF Total -$ 2,724.00 +$1,968.00 - $ 756.00 +$ 402.00 +$ 144.00 +$ 550.00 +$ 1,096.00 - $ 4,921.00 - $ 4,921.00 Crosswalk/4' Crosspan Revision @ the Entrance to Benchmark Plaza (Lot 20): Delete 113 SF from Item 13.1 Concrete Pavers in Crosswalks @ $12.00/SF (Reduced width by 2 ft) -$ 1,356.00 Delete 124 SF from Item 13.4 Concrete Bands & Subbase for Xwalks @ $8.00/SF - $ 992.00 Add 62 LF to Item 4.11 Crosspan - 4 ft @ $26.00/LF +$1,612.00 Add 20 LF to Item 2.4 Curb & Gutter Demolition @ $5.00/LF +$ 100.00 Add 20 LF to Item 4.8 Curb & Gutter - 2 ft Pan @ $17.00.LF +$ 340.00 - $ 296.00 Concrete Slab Removal @ North Entrance to City Market: Remove 6"- 8" concrete slab which was beneath asphalt +$ 1,730.00 +$1,730.00 Sidewalk Revision from 8' to 6' at North End of Plaza Way Parking Near Pazzo's: Delete 39 SF from Item 4.7 Concrete Sidewalk & Base Course @ $5.00/SF -$ 195.00 -$ 195.00 TOTAL + $12,663.00 Acceptance of this change order by the CONTRACTOR constitute full and complete settlement for all time and money for all direct and indirect costs and impacts flowing out of the changes described above. Change to CONTRACT PRICE: + $ 12,663.00 Original CONTRACT PRICE: $ 2,259,987.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 5: $ 2,409,225.60 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by $ 12,663.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,421,888.60 Change to CONTRACT TIME: The CONTRACT TDAE will be increased by 0 calendar days. The date for completion of all work will be October 22, 2002 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-6 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Direct Date: July 18, 2002 Re: Budget Amendment Resolution No. 02-35 Summary: The above referenced budget amendment revises the General Fund, Transit Fund, Fleet Maintenance Fund, and Equipment replacement Fund as detailed below. General Fund As previously discussed with Council, staff has prepared an amendment to the General Fund to revise sales tax and interest revenues and to recognize certain personnel and operating expense cuts. In addition, a grant from the Colorado Division of Criminal Justice in the amount of $49,320 for Avon's participation in the High Country Crime Response Team has been added to General Fund Revenues. Previously anticipated personnel cost savings of $65,760 has been left in the Police Patrol budget to offset the cost of the Town's participation in this project. Finally, additional subdivision review revenues in the amount of $110,000 from the Village project, offset by an additional $95,500 in related professional services costs has been added to the General Fund budget. 2002 General Fund Budget Current 2002 General Fund Spending Deficit $(313,470) Reduction in Sales Tax Revenues to 0% Growth (244,507) Reduction in Interest Earnings (125,000) Revised Building Fees 3,018 Police Grant 49,320 Subdivision Review Fees 110,000 Salary and Benefit Savings 163,903 5% Across-the-board Operating Cuts 72,562 Engineering Professional Services (95,500) Revised Town Attorney Budget 29,456 Net Recommended Budget Changes 36 748) Page 1 Revised 2002 General Fund Spending Deficit 350 21 ) It should be noted that sales tax collections are currently 4.61% below last year. The above budget amendment reflects an estimate at the same level as last year. It should also be noted that an estimated savings of $76,940 from the 4th of July is not included in the above budget amendment, along with a possible $25,000 in rain insurance proceeds. Transit The transit budget is being amended to reflect a decrease in accommodations taxes of $40,000, new fare box revenues of $50,043, PTS wage savings of $33,740, and additional costs for the late night addition of service to the Town Shuttle and Hurd Lane routes of $20,728. Staff recommends that the original addition of 2.5 hours to the Town Shuttle and Hurd Lane routes be cut back by .5 hours because of lack of ridership. These savings ($3,031) are already reflected in the above amendment. Fleet Maintenance The Fleet Maintenance budget is being revised to reflect budget savings from reduced personnel costs due to the freezing of vacant positions in the amount of $57,420. Equipment Replacement Fund This budget is being revised to reflect the purchase of a new patrol vehicle to replace the one that was wrecked earlier in the year. Insurance proceeds of $25,290 have been received to help offset the cost of the new vehicle. In addition, certain appropriations in the net amount of $5,386 for recreation center equipment ordered at the end of 2001 and received in 2002 have been carried over to 2002. Town M/ana er Co/mments?:` '? _?"? •' (:fie ?' ??-+ _ ?i?U2?L???r?-?-??c.v Attachments: A - Resolution 02-35 B - General Fund Amended Budget #2 C - Transit Fund Amended Budget #1 D - Fleet Maintenance Fund Amended Budget #1 E - Equipment Replacement Fund Amended Budget #1 0 Page 2 RESOLUTION NO. 02-35 SERIES OF 2002 A RESOLUTION TO AMEND THE 2002 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2002 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2002, AND ENDING ON THE LAST DAY OF DECEMBER, 2002. WHEREAS, the Town Council of the Town of Avon has adopted the 2002 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2002; and WHEREAS, the Town Council finds it necessary to amend the 2002 budget to more accurately reflect the revenues and expenditures for 2002; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following fund is as follows for 2002: Original or Previously Amended 2002 Budget General Fund Beginning Fund Balance $ 3,528,522 Revenues and Other Sources 9,956,087 Expenditures and Other Uses 10,269,557 Current Proposed Amended 2002 Budget $ 3,723,405 9,748,918 10,099,136 Ending Fund Balance 3,215,052 3.373,187 Original or Previously Amended 2002 Budget Transit Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 7,027 1,838,871 1,838,598 $ 7,300 Original or Previously Amended 2002 Budge t $ 160,742 1,306,917 1,400,408 $ 67.251 Original or Previously Amended 2002 t Budge $ 630,332 137,226 91,928 $ 675,630 Current Proposed Amended 2002 Budget $ (17,441) 1,848,914 1,831,473 $ 0 Current Proposed Amended 2002 Budget $ 152,404 1,306,917 1,342,988 $ 116,333 Current Proposed Amended 2002 Budget $ 773,212 162,516 130,314 $ 805,414 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. 2 ADOPTED this 23rd day of July, 2002. ATTEST: TOWN OF AVON, COLORADO Judy Yoder, Mayor Patty McKenny, Town Clerk General Fund #10 Amended Budget #2 Fund Summa Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Amendment Increase 2000 2001 2002 2002 (Decrease) REVENUES Taxes $ 6,497,103 $ 6,524,156 $ 6,891,946 $ 6,647,439 $ (244,507) Licenses and Permits 498,904 192,672 343,500 426,078 82,578 Intergovernmental 562,325 582,992 611,822 661,142 49,320 Charges for Services 1,389,605 1,280,957 1,555,144 1,585,584 30,440 Fines and Forfeitures 46,873 60,486 58,675 58,675 - Investment Earnings 425,000 277,308 275,000 150,000 (125,000) Other Revenue 727,556 328,914 205,000 205,000 - Total Operating Revenues 10,147,366 9,247,485 9,941,087 9,733,918 (207,169) Other Sources 30,141 101,840 15,000 15,000 TOTAL REVENUES $ 10,177,507 $ 9,349,325 $ 9,956,087 $ 9,748,918 $ (207,169) EXPENDITURES General Government $ 2,257,771 $ 2,084,650 $ 2,044,769 $ 2,008,746 $ (36,023) Community Development 608,175 605,560 564,836 465,111 (99,725) Public Safety 1,467,980 1,662,108 1,609,194 1,553,889 (55,305) Public Works 2,374,943 2,474,795 2,512,640 2,556,367 43,727 Recreation and Culture 2,056,555 2,080,409 2,204,385 2,181,290 (23,095) Total Operating Expenditures 8,765,424 8,907,522 8,935,824 8,765,403 (170,421) Other Uses Transfers-Out to Mall Maintenance 35,000 25,000 25,000 25,000 Transfers-Out to Fire Operations 294,333 - - - Transfers-Out to Debt Service 399,890 450,000 450,000 450,000 Transfers-Out to Finance Authority 115,892 135,015 133,733 133,733 - Transfers-Out to Transit 474,232 900,000 600,000 600,000 - Transfers-Out to Sherwood Meadows 13,725 160,000 125,000 125,000 - Total Other Uses 1,333,072 1,670,015 1,333,733 1,333,733 - TOTAL EXPENDITURES 10,098,496 10,577,537 10,269,557 10,099,136 (170,421) NET SOURCE (USE) OF FUNDS 79,011 (1,228,212) (313,470) (350,218) (36,748) FUND BALANCES, Beginning of Year 4,872,606 4,951,617 3,528,522 3,723,405 194,883 FUND BALANCES, End of Year $ 4,951,617 $ 3,723,405 $ 3,215,052 $ 3,373,187 $ 158,135 Page 1 Transit Enterprise Fund #52 Amended Budget #1 Fund Summa Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Amendment Increase 2000 2001 2002 2002 (Decrease) REVENUES Taxes Intergovernmental Charges for Services Other Revenues Total Operating Revenues Other Sources Transfers-In from General Fund TOTAL REVENUES EXPENDITURES Transportation Total Operating Expenditures TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year $ 234,142 $ 268,142 $ 320,000 $ 280,000 $ (40,000) 79,553 107,999 - - - 2,523,971 2,128,409 918,871 968,914 50,043 4,301 37,638 - - - 2,841,967 2,542,188 1,238,871 1,248,914 10,043 474,232 900,000 600,000 600,000 - 3,316,199 3,442,188 1,838,871 1,848,914 10,043 3,567,925 3,456,777 1,838,598 1,831,473 (7,125) 3,567,925 3,456,777 1,838,598 1,831,473 (7,125) 3,567,925 3,456,777 1,838,598 1,831,473 (7,125) (251,726) (14,589) 273 17,441 17,168 248,874 (2,852) 7,027 (17,441) (24,468) $ (2,852) $ (17,441) $ 7,300 $ - $ (7,300) Page 1 Fleet Maintenance Internal Service Fund #61 Budget Amendment #1 REVENUES Charges for Services Other Revenue Total Operating Revenues Other Sources Capital Lease Proceeds TOTAL REVENUES EXPENDITURES Public Works: Fleet Maintenance Washbay TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Amendment Increase 2000 2001 2002 2002 (Decrease) $ 1,736,704 $ 1,731,621 $ 1,281,917 $ 1,281,917 $ - 1,930 98,240 25,000 25,000 - 1,738,634 1,829,861 1,306,917 1,306,917 30,165 - 1,768,799 1,829,861 1,306,917 1,306,917 - 1,550,672 1,451,977 1,240,947 1,210,947 (30,000) 163,126 161,358 159,461 132,041 (27,420) 1,713,798 1,613,335 1,400,408 1,342,988 (57,420) 55,001 216,526 (93,491) (36,071) 57,420 (119,123) (64,122) 160,742 152,404 (8,338) $ (64,122) $ 152,404 $ 67,251 $ 116,333 $ 49,082 Page 1 Equipment Replacement Internal Service Fund #63 Budget Amendment #1 Fund Summa Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Amendment Increase 2000 2001 2002 2002 (Decrease) REVENUES Charges for Services Other Revenue Total Operating Revenues Other Sources Capital Lease Proceeds TOTAL REVENUES EXPENDITURES Capital Outlay: Fleet and Heavy Equipment Recreation Center Equipment Computer and Office Equipment Other Equipment $ 563,893 $ 552,329 $ 137,226 $ 137,226 $ - 27,038 28,543 - 25,290 25,290 590,931 580,872 137,226 162,516 25,290 590,931 580,872 137,226 162,516 25,290 239,229 180,712 - 33,000 33,000 27,449 89,660 80,400 85,786 5,386 - - 11,528 11,528 - TOTAL EXPENDITURES 266,678 270,372 91,928 130,314 38,386 NET SOURCE (USE) OF FUNDS 324,253 310,500 45,298 32,202 (13,096) FUND BALANCES, Beginning of Year 138,459 462,712 630,332 773,212 142,880 FUND BALANCES, End of Year $ 462,712 $ 773,212 $ 675,630 $ 805,414 $ 129,784 Page 1 AV07N C O L O R A D O Memorandum To: Honorable Mayor and Town Council From: Patty McKenny, Town Clerk Thru: Bill Efting, Town Manager Date: July 19, 2002 Re: Resolution Authorizing Participation in the November Coordinated Election Colorado Revised Statutes 1-7-116(5) provides that "If, by 100 days before the election, a political subdivision has taken formal action to participate in a general election or other election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder." The attached resolution, if approved, will constitute formal action to participate in the coordinated election. This action must be taken by July 29 (100 days before the election). Staff recommends approval of the resolution. A 2002 Election Calendar will be available for the public by the end of July. TOWN OF AVON, COLORADO RESOLUTION NO. 02-36 SERIES OF 2002 A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PARTICIPATE IN THE COORDINATED ELECTION OF NOVEMBER 5, 2002. WHEREAS, § 1-7-116(5), C.R.S. provides that "If, by one hundred days before the election, a political subdivision has taken formal action to participate in a general election or other election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder." WHEREAS, the Town of Avon wishes to take this formal action to participate in the coordinated election of November 5, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon hereby takes this formal action to participate in the coordinated election of November 5, 2002. ADOPTED this day of , 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John Dunn, Town Attorney FARR RESID NC E FIAT POINT CIRCLE LOT 40, BLOCK 3, WILDRIDGL AVON, COLORADO STANDARD ABBREVIATIONS MATERIAL IWDIGArcm DRMt* GoWVEWTIOWS h • nollo : MUM OR HOWS W Nrfl C RNMEOY ue Vespers I Abl" ? SOVA a rW1 ra tafm Lee O ® ILO MN IAN ?'/.? AV• ORM&MUMMUM ?.? 16 0 vcm ^ V MAXWJ=WMV0M Flom MOSM ..? i.n ?na,?re wwarDarreDM aoeMewagrD?pNepr by the Town of Avon Planning and Zonl Co s ?ti0L B with the following conditions: 1. The location of the address marker must be identified. 2. Drainage must be clarified in the following areas: a. Details need to be provided for the drains located between the driveway and the garage areas. b. The culvert is not located in the Public Right-of-Way and maintenance will be the responsibility of the owner. It appears that a culvert may not be necessary. C. Drainage appears to pool adjacent to the southeast wall of the entryway staircase. . 3. The front entryway shown on sheets Al, LI, and CI must be consistent with the front entryway shown on sheets A2 and A3. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. 5W. DE5GR?TiA1 _.. ROLM p _ GOlQ _ _ - ObMVO --------- -- - _ M /?Mp?•10' OMMCY - ------------ u VivarJPeK/M aMMAu A2 WMLEALROMMM owAu M LOtlUA6 no=FL/M OIYMf]2 M 110 RAM OUNDQ M DODeWmaDle GJ%VffWM OMM7Q N Dl1De0RIMUD ft 01"Adum OMfibO sit" GDA/y2? oN U ? W ??0 U ~ co .7 o m0 H 0 ? a A0 Wr. HOW "M !6hum M am M.- IWO-04 al Mr. Wroom W. Wim am ifila"em `C'W- 3 Tal i? ?o R I ? I I I? I ob ?cq I? I R10, °e r N m I o I? \ ._R M wh ? _ - - - - - - - - - - -- O'ER _--__----__ NO- F L A 7 P O 1N T Y FXIS?N? 0 j 'Cr`jt4' Y? ?Fo G ?? C'q qA s? tie N? T o?ep?F k /-00;Gm PETA~ H! 12b 7wa i-0' i i J A U ? W ?0 A ??s W P? 0 s M. w ]41K YV] AI n I ! J s ? ? I c NIX P 0 IN 1 EXISTING• EDGEME\? F L A T ---- ?pSpHALT PA . ?OG---1 III NATURAL . NATW GRASSES. BUSH 00 no NO SHRUBS OR TREES EXIST ON SRE ¢ X1"0 GUNNY SiWBDI ww SPECIES SQE PRUS P@LEROSA SCOPUIORUM E4E?EEN TREE 6 m COTTONWOOD SPEM DECIDUOUS TREE Y CAL FWE POPULUS SP. AOGUS IFOI.M 0 FIVE POPIAUS IREYULOOES ocouaus TREE Z• CAL D HOPA DDIGA SARCEIOS ? ? TREE r CAL „ COMMON MWAC oEaaJUUS Sl? 6 CAL sixaTCA VLLOSA S6YFCA VuosA ONE 0 AQL DECIDUOUS SHRUB 5 CAL CO" PERAOUS HNTNE GRASSES 3 GROUNDCOVER SITE AREA MMDFLOWER MN 1!I I? I I ? I ? 1 ITr-r T 11? 1 AUIOMAIC WRIGAMON SYSTEM: C ?a TYPE; PAMBFm SPRINICUNr SYSTEM PROPRELY INSTALLED BY QUALIFIED PARTY DESCMPODN: SPRYIDER HEADS AND DRIP SYSTEM - ZONE I CONOW - ALL PERMS AREA MDI <40% SLOPE INTENDED USE: WATERING DURING HUN-DAYNEIT HOUSE FOR THE ST ?°.r r?.??-? SOT 40 TEMS As READ ` i 7FN. POLLUTION CULV9rt i0 BE INSTALLED PER -- ? AVON 5 1 F ,- i I T/Sp Rob ?0 `\ i ! CFLSO? cq (f- ? As ti ?e?F B0? 1 I JGtiST? /m w, 1 ! C /0N TF / 25 r '-0 Ir / / 22 / T•L T.O. 1E 1 ?O? a II I / TAX I / I/ M?EICER THE LNNTEWICE OF TREES. SHRUBS. MLDN.DYRNS //I/C ?;? ?, I / III r YAINBHIANCE OF SYSTEM: T PER WAR BLOWOUT Q SPRINIMM HEADS ??? - ,`JF . I I I I I I I L SPWNGER HEAD ADJUSTMENT FOR MW. I:FFICWNCf kfff,/???'{??ff,' I , I /??) I I II? Y T. 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