TC Council Packet 01-27-2004TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JANUARY 27, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
1. Call to Order / Roll Call
2. Citizen Input
3. Ordinances
Public Hearing
a. Ordinance No. 04-01, Series of 2004, first reading, an Ordinance approving the Lot
61 planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado (Tambi Katieb/ Norm
Wood) The Owner & Avon Staff present a new PUD plan that establishes a
reconfigured development site at 75 Benchmark Road, a dedication of right-of-way to
the Town, provisions for a Transportation Hub and development standards specifying
new densities & permitted uses.
4. Resolutions
a. Resolution No. 04-04, Series of 2004, A Resolution relating to the extension of the
Lot 61 Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado (Tambi Katieb/Norm
Wood) - Resolution addressing the potential lapsing of the development rights for
Lot 61, 75 Benchmark Road.
5. New Business
a. Appeal of Planning & Zoning Decision to deny fence application.
Legal: Lot 28, Block 3, Wildridge Subdivision
Zoning: Duplex - PUD
Address: 4491 Wildridge Road West
Applicant: Marjorie Marks
b. Geneva Crown Club (formerly known as L'Auberge & Chateau St. Claire), 3874 Hwy
6 & 24 (Ruth Borne) Request for building permit application extension
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the January 13, 2004 Regular Council Meeting Minutes
b. Agreement for Lease of Claims between Town of Avon, Grand Eagle Investment
Corporation (Grand Eagle) & Marvin B. Simon (John Dunn) - an agreement that
stipulates that Marvin Simon is deeding Tract J to Avon
c. Agreement between Colorado Association of Transit Agencies and Colorado Transit
Coalition (Bob Reed) - An agreement on behalf of the Colorado Transit Coalition for
the purpose of requesting Federal Transit Administration funding for capital
equipment & facilities
Town Clerk\Council\Agendas\2003\Avon Council Meeting.04.01.27
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FINANCIAL MATTERS
January 27, 2004
1. YTD Building Revenue Report Actual vs Budget - December 2003
2. Detail-Real Estate Transfer Taxes - December 2003
3. Accomodations Tax Worksheet Actual vs Budget - November 2003
4. Sales Tax Worksheet Actual vs Budget - November 2003
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2003
Purchaser Name Property Amount Received
November Balance Forward $ 2,000,753.42
Timeshare Christie Lodge 2.00
Title Company Rockies Christie Lodge 180.00
Timeshare Christie Lodge 13.86
Chicago Title Colo Christie Lodge 20.00
Title Company Rockies Lakeside Terrace 160.00
Title Company Rockies Mtn. Vista 4,408.80
Title Company Rockies Mtn. Vista 2,469.30
Title Company Rockies Mtn. Vista 5,878.60
Title Company Rockies Mtn. Vista 4,868.90
Title Company Rockies Mtn. Vista 11,557.20
Title Company Rockies Mtn. Vista 5,938.80
Title Company Rockies Mtn. Vista 291.00
Guseman, Charles & Ripepi, Michaelangelo The Seasons #303 4,600.00
Bove, Albert & Rossi, Richard The Seasons #304 3,900.00
Birnbach, Mark & Carolyn Greenbrier Condo C-19 5,600.00
Nixon, Tiana Barancas # L-36 398.00
Kohn, Michele & Zoller, Steven Barancas # L-36 998.00
McCafferty, Marlene Barancas # N-40 798.00
Goller, Amy Barancas # N-42 798.00
Montag, William Barancas # 0-45 998.00
Revocable Living Trust Patricia Blasiola Season @ Avon #608 5,750.00
Morishige, Dick & Charlene Avon Lake Villas Z-1 5,260.00
Coyne, John & Laura Avon Crossing # 4206 4,520.00
Skalski Randal Revocable Trust Chapel Square BR-311 4,940.00
Senn, Karl R. Chapel Square BR-328 5,100.00
Wolfe, Karen Lodge @ Brookside # 204 1,700.00
Boxer, Francene & Michael Lodge @ Brookside # 101 5,400.00
Cook, Brady Lot 4 Sage Hill Townhomes 7,560.00
Jacques, Patrick & Ziegler, Steven Sage Villas Condo # B 6,500.00
Gibson, Patti, & Donna Rockin' Horse Ridge II 5,000.00
RG Shaw LLC Illinois LLC Lot 40 Blk 4 Wildridge 4,860.00
Bradley, Catherine Lot 4 A Blk 5 Wildridge 3,300.00
Ivy, Matt & Jane Lot 24 Blk 3 Wildridge 7,100.00
Swenson, Larry & Linda Lot 37E Blk 1 Wildridge 5,300.00
Saddleridge Investments LLC Georgia LLC Lot 47B 2424 Saddle Ridge 15,400.00
Total December Revenue 141,568.46
Total YTD Revenue 2,142,321.88
Total 2003 Budget 2,100,000.00
Variance, Favorable (Unfavorable) $ 42,321.88
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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 JANUARY 27, 2004, AT 1:30 PM TO BE
HELD AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD,
AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
1:30 PM - 2:30 PM 1) Council Committee Updates - Council members are assigned to
committees and periodically update the Council on the status and/or
progress of their committee(s). The members are scheduled to provide a
synopsis of the activity for the last year and make a recommendation to the
group as to whether the committee should be retained in the current form, or
modified to reflect the needs that might be anticipated in 2004.
Brief review & update of all Committees
Water Update (Councilor D. Buckley
Town of Avon Logo Discussion (Councilor Wolfe)
2:30 PM - 2:45 PM 2) Floodplain Information Report (Justin Hildreth, Eagle County) 2003
Floodplain Information Report for the Eagle River & Colorado River,
Prepared by Eagle County and Colorado Water Conservation Board
2:45 PM - 3:45 PM 3) Lot 61 Development Proposal Review of Financial Analysis &
PUD Development Plan & Development Agreement (Norm Wood,
Tambi Katieb) - Staff will review the financial implication of Lot 61
development agreement located at 75 Benchmark Road
3:45 PM - 4:15PM 4) Avon Town Square - (Mark Donaldson, Al Williams) - Presentation
of Development Opportunities for Avon Town Square, located at 0070
Benchmark Road
4:15 PM - 5:00 PM 5) RNL Contract for Services on Comprehensive Update (Tambi
Katieb) - Review of Scope of Services for Comprehensive Plan
Consultants, RNL
5:00 PM - 5:25 PM 6) Staff Updates -
a. Recreation Updates
Regional Recreation Issues (Meryl Jacobs)
July 4th Sponsorship Update (Fraidy Aber)
Great Race Pit Stop in Avon (Fraidy Aber)
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without notice.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JANUARY 23, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Town Clerk\Council\Agendas\2003\Avon Council Meeting.04.01.27
A - 11 0
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer iw
Date: January 22, 2004
Re: Floodplain Information Report - Eagle River and Colorado River
Prepared for Eagle County and Colorado Water Conservation Board
Summary: Eagle County and Colorado Water Conservation Board recently
completed a Floodplain Information Report for sections of the Eagle and Colorado Rivers in
Eagle County. This Report provides detailed floodplain information along the rivers that can
be used to evaluate the relationship of existing and proposed development with respect to
projected flood levels. This information includes section of Eagle River as it flows through
Avon. We anticipate this Report will also be used as documentation by FEMA to revise the
current official floodplain map that does not distinguish floodplains anywhere within the
Town.
Justin Hildreth with the Eagle County Engineering Department will be present for the January
27"' work session to discuss the Report and answer questions regarding it's development and
potential uses.
Town Manager Comments:
I:AEnginee6ng\Stormwater Floodplain ConspdnceVoodplain Report Memo.Doc
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Tambi Katieb, Community Development
Date: January 21, 2004
Re: Lot 61, Block 2, Benchmark at Beaver Creek (0075 Benchmark Road) PUD
Development Agreement -Ordinance 04-01 (Work session Memo)
Summary:
On January 13, 2004, Town Council heard the Lot 61 PUD proposal and tabled it to
this date in order to resolve several outstanding items and clarify the objectives of
the proposal.
Attached to this memo is a more detailed summary from your last work session
about the current proposal (Exhibit "A"). The following standards represent a brief
summary of the PUD and PUD Development Agreement that would be approved by
adoption of Ordinance 04-01, Series of 2004.
A. Minimum/Maximum Development
Minimum Maximum
1. Retail 17,000 SF
2. Commercial/Retail 60,000 SF
3. Residential Fee Simple 100 Units/112,500SF 220,000 SF
4. Residential Time-Share 125 Units @ 900 SF 220,000 SF
5. Residential Accommodation 160 Units 220,000 SF
6. Maximum Building Envelope Defined by PUD Development Plan
7. Maximum Building Height 108 Feet
B. Vesting & Expiration
1., Vesting Period 8-Years
2. Expiration - Reverts to PUD With No Allowed Uses
a. R/W & Transit Center Easement Remain
F:ACouncil\MEM0S\2004\L61 B2 BMBC PUD 12104 First Reading Memo.Doc
At the previous Town Council Meeting on January 13, 2004, when Ordinance 04-01
was tabled, Council expressed concerns and requested clarification of the following
aspects of this proposal.
These issues included:
Clarification of Financial Impacts of the various potential development
scenarios allowed by the proposed PUD
Attached to this memo is a final revised Memorandum, Recap of Various Planning
Scenarios, and Page 1 of the Lot 61 Fiscal Impact Analysis for each of the proposed
development scenarios as revised by Stan Bernstein is attached as Exhibit "B".
Proposed building envelope along southerly side of project
The Applicant will address this issue. See the attached letter from the applicant,
IDG3 LLC, attached as Exhibit "C".
Building Height
The Applicant will address this issue at your hearing through the use of three-
dimensional modeling and other graphic representation. See the attached letter from
the applicant, IDG3 LLC, attached as Exhibit "C".
Impacts of Proposed PUD on Traffic
A simple analysis of the impacts of potential development on Avon Road, Beaver
Creek Boulevard and Benchmark Road Traffic is attached as Exhibit "D". This
analysis is based on adding projected traffic from the proposed Lot 61 PUD plus
projected traffic from the approved but undeveloped projects on Lot B and portions
of Lot C, Avon Center, to 2003 Summer and Winter Traffic counts performed for the
Town. This analysis indicates that that traffic levels with this potential development
will be within the range previously projected in the Town's Transportation Plan and
previous studies.
Ability to provide parking for proposed development
The Applicant has addressed this issue. See the attached letter from the applicant,
IDG3 LLC, attached as Exhibit "C".
Massing Model to evaluate relationship of proposed PUD to adjoining
properties
The Applicant will address this issue at your hearing through the use of three-
dimensional modeling and other graphic representation.
Impact of Current Gondola Proposal on Transit Center
A revised analysis for a Central Transportation Hub is attached as Exhibit "E" along
with the previous analysis for a Split Transit Center. The recommended number of
Lot 61 PUD, First Reading of Ordinance 04-01 (PUBLIC HEARING)
Page 2
Z
bus stalls in both analyses is based on the worst-case scenario, five stalls for both
the Split Transfer Center and the Central Hub with ECO Buses.
Proposed PUD and Conformance to Process
A member of the public has questioned the process followed for the review and
potential approval of this proposed PUD. The attached Exhibit "F" Memorandum
from John Dunn, Town Attorney, addresses this issue.
Modification in Development Agreement
Language in the Development Agreement has been modified to clearly state that
development under the PUD must conform to the Town's Design Review Process
and Design Guidelines. Finally, the Development Agreement has been changed to
reflect a vesting period of five-years instead of the previously proposed eight-years.
Town Manager Comments:
-7
: '
Exhibits:
¦ Exhibit "A": Work session Memo from January 13, 2004
¦ Exhibit "B": Stan Bernstein's Memo & Attachments
¦ Exhibit "C": Letter from IDG 3 LLC to Town Council
¦ Exhibit "D": Traffic Analysis from Town Engineer
¦ Exhibit "E": Transit Center Analysis
¦ Exhibit "F": January 22, 2004 Memo from Town Attorney
Lot 61 PUD, First Reading of Ordinance 04-01 (PUBLIC HEARING)
Page 3
3
A
- C-:: -- x4\g( T- `? l'
Work Session Memo
To: Honorable Mayor and Town Council
From: Tambi Katieb - Community Development
Norman Wood- Town Engineer
Date January 7, 2004
Re: Lot 61 PUD Development Proposal / Overall Project Review
Summary:
In preparation for the Council hearing on the Lot 61 PUD Development Plan and
Development Agreement, staff has prepared this `overview' memo to assist you in
review of the various components of the Lot 61 PUD project.
The project can be broken into the following four distinct components:
¦ Introduction and history of the Lot 61 PUD
¦ The Lot 61 PUD Development Plan (The PUD application)
¦ The Lot 61 Fiscal Impact Scenarios (Review of the Proposed Uses of the PUD)
¦ The Lot 61 PUD Development Plan approval process (The PUD application,
the Development Agreement, and the Subdivision process)
Introduction & History
The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the
developer, IDG3 LLC is as follows:
1978 Lot 61 zoned Town Center.
1991 Town Center zoning modified.
1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July
27, 1999), which had a 3-year approval.
2002 Town Center Plan was adopted on January 8, 2001 (Resolution 02-
01).
2002 PUD extension for a 6-month time period was granted to explore
planning and development of the Town Center Plan on July 23, 2002
(Ordinance 02-17).
5
2003 In January, a PUD extension for one year was granted to allow the
developer time to pursue implementation of the Town Center Plan on
January 28, 2003 (Ordinance 03-01).
2003 In July, Council authorized funds be allocated to begin initial studies
for the new property boundaries and road alignment.
The revised Lot 61 PUD Development Plan is the culmination of over a year of
work with the developer. Specifically, the development standards and uses
proposed reflect not only the goals and policies of the Town Center Plan, but
correspond to the Fiscal Impact Scenarios prepared by the Towns financial
consultant (Stan Bernstein) in an effort to create a mutually beneficial project
between the Town and developer.
Lot 61 PUD proposal
The most significant elements contained in the new development plan benefiting
the Town are as follows:
• 50'0" right-of-way dedication for the new Benchmark Road alignment to the
Town of Avon (referred to on the plans as "Benchmark Court").
• A new transit center to accommodate five (5) buses at a time with a 400
sq.ft. administrative/visitor center.
• Enhanced pedestrian and vehicular circulation.
• Implementation of significant master plan concepts of the Town Center
Plan.
In exchange, Lot 61 is receiving the following:
• Timeshare as a use-by-right.
• Increased building height, setbacks, site coverage, and density.
• The vesting of these development standards for an extended period of 8
years from the effective date of the development agreement.
The Lot 61 PUD Development Plan proposed for adoption is limited in scope and
defines building setback, density, heights and new property boundaries.
Previously, staff was concerned that the proposed development standards
provided too much flexibility - setting forth maximum densities without requiring a
minimum density provision that would create the type of development consistent
with the goals of the Town and consistent with the financial modeling.
As a result, the proposal now reflects a minimum development standard for all
proposed densities (both commercial and residential). Likewise, the proposal
limits the types of uses that may occur on the ground level as a use by right far
beyond what conventional zoning or previous PUD zoning has achieved.
The proposed development standards are as follows:
a. Uses by-right:
¦ Retail stores
¦ Specialty shops
l0
¦ Restaurants, excluding drive-thru windows
¦ Cocktail lounges
¦ Personal service shops
¦ Residential/Timeshare, interval ownership, and fractional fee
ownership above grade with the condition that recreational
amenity fees are paid - the terms and conditions of which will
be negotiated with the development agreement.
¦ Residential/Fee Simple (Condominium) units on floors above
grade. Staff is recommending a minimum of 100 condominium
units @ 1,250 net sq.ft. each to comply with the financial
model.
¦ Residential/Accommodation (Hotel) units on floors above
grade. Staff is recommending a minimum of 160 units.
¦ Public transportation facilities including 400 S.F.
transit/administrative office at grade, immediately adjacent to
transit center hub.
b. Special Review Uses:
Conference/convention facilities
Indoor recreation and/or entertainment facilities
Professional offices on grade
Public parking facilities
Financial Institutions
Additional uses to be determined similar to the allowed uses in
accordance with the intent of the zone district. As this is a PUD
with no specific uses, staff would prefer to restrict the
development standards to the enumerated uses.
c. Development Standards
Lot Area 1.07 Acres
Projections such as columns, roofs, unenclosed floors and
decks may encroach into setbacks and/or right of ways
with specific Town of Avon design review approval
Building Height A height, as defined by The Town of Avon
Title 17, Chapter 17.08, Section 160, of
108.5'. This height shall be to the top of
roof structures over enclosed, habitable
space. Elevator penthouses, chimneys,
parapets and similar appurtenances shall
be allowed to exceed this datum
I
Density by Type:
Retail
Residential/Fee Simple
Residential/Time Share
Residential/Accommodation
Minimum Maximum
17,000 sq.ft. 60,000 sq.ft.
100 Units @ 1,250 sq.ft 220,000 sq.ft.
125 Units @ 900 sq.ft. 220,000 sq.ft.
160 Units 220,000 sq.ft.
Landscape/Hardscape Coverage:
Shall be determined during the design review process.
d. Parking: All parking shall comply with the Lot 61 PUD Development
Agreement. Staff has consistently requested the Avon Municipal
Code parking standards be implemented. The applicant is still
seeking rebates and a reduction in parking under the Development
Agreement.
As you review the PUD plans, you will note that there are requirements for
stepping back the building as it increases in height on the Town Center (north
elevation). There are also encroachments permitting the building over the transit
center (south elevation) and over the new Benchmark Court right-of-way
alignment, enhancing the density and architectural interest for developer as set
forth in the Lot 61 PUD Development Plan.
The Development Agreement adopts and incorporates the proposed building and
development standards, vesting for 8 years from the date of approval, and
exactions. Should the PUD expire, the uses will be dissolved and the Town will
continue to retain the new right-of-way and the transit hub easement.
The enhancements to the developable area, when reviewed in concert with the
financial scenarios, are the rationale behind requiring minimum densities as well
as maximum densities. Providing the developer with a highly developable site
while requiring a minimum amount of development ensures the economic energy
sought by the Town actualizes.
In addition to the specific development standards proposed, design guidelines are
set forth in the Town Center Plan and the Town of Avon Design Review
Guidelines, which must be fulfilled as the project moves through the design review
process. These additional considerations include: active street frontages,
suggested access points, required pedestrian walkways (which have been
provided for), and other site planning and architectural considerations.
Lot 61 PUD Fiscal Impact Scenarios
On December 9, 2003 Town Council reviewed the initial fiscal analysis for Lot 61
prepared by Stan Bernstein, the Town's financial consultant. Of utmost importance
was the implication of timeshare as a use-by-right, including the imposition of a Interval
Ownership Amenity fee to offset the impact of timeshare units.
00
Council endorsed moving forward with the process, including the refinement of the
financial model to reflect the contemplated land entitlements. We believe general
consensus between staff and developer has been reached on the requested
development standards detailed on Pages 3 and 4 of this memo.
Stan's modeling was refined in several areas as it relates the proposal. In particular,
the previous Draft Evaluation of the Fiscal Impacts of the proposed PUD has been
updated. It reflects revised transportation costs and average guest expenditure.
Stan has also prepared an analysis of Developer Cost/Benefits of the proposed
PUD versus underlying Town Center Zoning. These evaluations along with Stan's
corresponding memos are attached.
We have revised the attached work sheets taken from the analysis prepared by Stan
Bernstein to reflect the minimum development limits as outlined on Pages 3 and 4.
The revised calculations generally reflect at least a "break-even" status for Incremental
General/Transit Fund for minimum development scenarios.
The time-share proposal has been evaluated at 125 units, 150 units and 175 units with
a corresponding Timeshare Amenities Fee calculated for each of these levels. The
proposed fee schedule in the Development Agreement is:
Number of Dwelling Units Constructed
125 -149 Time-Share Units
150 -174 Time-Share Units
175 and Over Time-Share Units
Unit Fee Per Timeshare Week
$58.35 per Interval Week
$48.52 per Interval Week
$41.51 per Interval Week
Other minimum development scenarios as allowed by the proposed PUD and included
in the modified evaluation sheets include:
¦ 90 Whole Ownership Condominiums @ 1,250 Sq. Ft. Each
¦ 160 Hotel Rooms Per Stan's Assumptions
A minimum of 17,000 Sq. Ft. of retail space is also included in all of the above
development schemes and is stipulated in the proposed PUD and Development
Agreement.
As already discussed, both the financial modeling and the Town Center Plan
contemplate and encourage a high-density mixed-use project on this site.
Without knowing exactly the type of project to be constructed on Lot 61, the goal of this
entire process and the proposed development standards is to ensure that a mixed-use
project that contains minimum residential and retail components is constructed in a
manner that is mutually beneficial to the Town and developer.
Lot 61 Approval Process
There are three formal actions required in order to move forward with the proposal:
Approve Ordinance 04-01, which includes the Development Agreement and
the Lot 61 PUD Development Plan.
¦ Approve the Lot 61 Preliminary Plat.
¦ Approve the Final Plat and Condominium Plat defining the air rights.
The PUD approval will establish the Development Plan as the official zoning document
for the project. The Development Agreement will establish the zoning, vested property
rights, and exactions, also specifying the Timeshare Amenities Fee based on the
number of units constructed and subdivided.
Finally, the preliminary plat establishes the new right-of-way dedication of Benchmark
Court, the subsequent revision to existing property boundaries and the transportation
hub easement location. This preliminary plat will be followed by a condominium plat
that creates the subsurface and overhead `air rights' that are being proposed through
the PUD process as enhancements to the developer.
The final plat will be recorded in concert with the Ordinance 04-01 approving the Lot
61 PUD Development Plan and Development Agreement as well as the condominium
plat.
Staff Recommendation:
Staff recommends that after review of the summary components of this proposal, you
provide feedback on the requested uses and various considerations involved with the
Lot 61 PUD.
Town Manager Comments:
`O
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Avenue, Penthouse
Greenwood Village, Colorado 80111
Telephone: 303-409-7611, Fax: 303-409-7612; Email: stanplan@earthlink.net
MEMORANDUM
TO: LARRY BROOKS, TOWN MANAGER
NORM WOOD, SCOTT W iGHT, TAMBI, RUTH
FROM: STAN BERNSTEIN
SUBJECT: LOT 61 FISCAL IMPACTS
DATE: JANUARY 15, 2004 - FINAL DRAFT
This memorandum, and the accompanying spreadsheets, summarizes my efforts to
concisely present the significant fiscal impacts associated with various development
scenarios for Lot 61. This draft evaluates three interval ownership development
scenarios (Exhibit I - 125 interval ownership condo units; Exhibit IA - 150 interval
ownership condo units; Exhibit IB - 175 interval ownership condo units). Two additional
development scenarios have also been evaluated: Exhibit IC assumes a 160 room hotel
project, and Exhibit ID assumes a 100 unit whole ownership condominium project. The
detailed financial planning models (Exhibits I through ID have been designed so that
other development scenarios can be quickly evaluated in terms of fiscal impacts.
The attached excel "Recap of Various Planning Scenarios" presents what I consider to be
the most significant fiscal impacts.
The attached excel detailed "Fiscal Impact Models" (Exhibits I - IE), present very
detailed fiscal impacts and are based upon the following key planning assumptions.
ASSESSED VALUE AND MILL LEVIES:
1. Timeshare condos will average 900 square feet and will be valued by the Eagle
County Assessor at $275 per square foot.
2. Hotel units will average 700 square feet and have an actual value of $150 per sq. ft.
Memorandum
January 15, 2004
Page ii
3. Whole Ownership Condo Units will average 1,250 square feet and will be valued
by the Eagle County Assessor at $275 per square foot.
4. 17,000 square feet of non-residential space will be valued at $250 per square foot.
5. The Town's General Fund mill levy is assumed to be 8.956.
6. The Town's Debt Service Fund mill levy is assumed to be 4.905.
INTERVAL WEEK/HOTEL/CONDO OCCUPANCY AND RENTALS:
By Year 4 annual average interval owner occupancy (which will not generate sales or
accommodation taxes) will be 70%. Average interval owner rental occupancy will be
20% of non-owner occupied units. Total annual occupancy levels will be
approximately 76%.
2. The average number of people occupying an interval unit/week will be 3.25, and each
guest will spend $25 per day within the Town (excluding Villages at Avon) for
groceries, restaurants, bars, and retail items.
3. The average interval rental rate per night will be $220.
4. Average hotel occupancy will be 72%, and be occupied by 1.7 persons, and
average $124 per night.
5. Average whole ownership owner occupancy (which will not generate sales or
accommodation taxes) will be 30%. Average whole owner rental occupancy will be
21% of non-owner occupied units. Total owner and renter occupancy will be 45%.
An average of 3.25 persons will occupy each condominium. Average condominium
nightly rental rates will average $320.
6. A 4% Sales Tax will apply to all lodging rental revenues.
7. A 4% Accommodation Tax will apply to all lodging rental revenues and other taxable
sales.
8. Each interval/week will pay the Town a Recreation Amenities Fee ("RAF")
calculated at a weekly rate per year that will result in a forecasted breakeven for the
Town's General and Transportation Fund on a combined basis. The breakeven
RAF rate is shown on the summary.
?2
Memorandum
January 15, 2004
Page iii
INTERVAL WEEK SALES:
1. The average interval/week will sell for $22,500.
2. A three-year sellout period has been assumed; secondary sales have been estimated to
be 5% of total inventory annually.
3 A?% RRTT rate is assumed to apply to_all interval/week sales
WHOLE OWNERSHIP CONDO SALES:
Each condominium will sell for $343,750 (1,250 square feet @ $275). Secondary
sales will be 5% annually.
2. A 2% RETT rate is assumed.
TRANSIT COSTS:
It is assumed that a bus system continues to be the main form of transit to Beaver
Creek.
2. It is assumed that 66% of winter guests ski, and that 85% of these guests will use the
bus system to access Beaver Creek.
3. It is assumed that one new bus will be required per 61 peak-hour bus riders. It is
assumed that a new bus will cost $240,000 and be financed over a 10-year period at
6% interest rates.
4. Peak Ski Season operating hours are assumed to be 6 hours per bus. Non- Peak Ski
Season operating hours are assumed to be 6 hours for one bus only. Non- ski season
operating hours are assumed to be 16 hours per day for two buses (except for whole
ownership condos whose summer incremental transit impacts are assumed to be 16
hours per day for one-quarter of a bus).
5. Average bus operating costs per hour are assumed to be $44.30.
\'I
Memorandum
January 15, 2004
Page iv
OTHER TOWN COSTS:
Police Department costs are assumed to be 12 mills times the incremental assessed
valuation.
2. Road, walkway, landscape maintenance costs are assumed to be $25,000 per year.
Administrative are-assumed Lke be 7 5% of police maiDtenance, and transit costs,
OTHER TOWN SIGNIFICANT REVENUES:
1. Construction related permits are assumed to be $0.60 per square foot.
2. Water tap fees are based on $4,000 per condo unit and $1,400 per hotel room.
LIMITATIONS
The information appearing on Exhibits I through ID was assembled by Stan Bernstein
and Associates, Inc. based on information provided by others. While this information
appears to be a reasonable basis to use for financial planning purposes, Stan Bernstein
and Associates, Inc. has not independently evaluated this information. Because
prospective information is subject to change and uncertainty, Stan Bernstein and
Associates, Inc. does not vouch for the achievability of the information presented on
Exhibits I through ID.
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IDG 31LILC
P.O. Box 1068
Vail, Colorado
81658
970.949.4958
F. 970
949.4838
mha@vail.net
January 21, 2004
The Avon Town Council
P.O. Box 975
Avon, CO 81620
Re.: Lot 61 proposed PUD Ordinance 01-04
Block 2
Benchmark @ Beaver Creek
Amendment 4
Avon, Colorado
Dear Mayor & Council Members,
In preparing for our return to Council on the 27th of January, we wanted to address the
issues you listed, for which we are responsible:
Building Setbacks
In reviewing the concerns for setback, we have decided to revise our setbacks on
both the southeast and southwest property lines. We are no longer proposing
building limits over the Benchmark Road right of way but instead will be
bounded by either property line. We are asking to be able to build to our
permitted height along this elevation so that we may be able to relegate the
majority of the highest portions of our structure to the south of the property thus
permitting more substantial reductions in height along the north property line
where adverse shading to the Mall and adjacent properties would be
objectionable. We would also suggest that any concerns for the severity of the
perceived height and treatment of facades, along this elevation, be addressed in
the Design Review stage. As a further consideration to our neighbors we have
increased the horizontal step, along our north property line to 70' (versus 25') as
illustrated in our revised PUD drawings.
Height
As you know, we have worked with you, staff and the Planning Commission to
adopt the principles of the Town Center Plan as they affect Lot 61. In this process
we have relinquished a 50' right of way plus a 10' setback along our west
property line. In return we have requested the ability to build above this right of
way and in doing so must maintain an 18.5' clearance for vehicles. With the need
for approximately 3.5' of structure, mechanical space and finishes this places our
first finished floor elevation at approximately 22' above the proposed finished
2A
grade of the road below. With the projected grade at the north edge of our 80'
wide building limit of 7445.5 This would place our first finished floor level, above grade at
7467.5. or 7.5' higher than our current first finished floor elevation of 7460.0' Please see the
attached exhibit A to this letter.
We are simply requesting that we maintain our net, usable residential height of
81.5'. We were asked to state our height, according to the definition of height
prescribed by the Town Code, namely as a fixed distance above the grade, below.
Given that we foresee the highest portion of the structure above the sites lowest
grade of 7443 we had to state the height as 108'
We would be willing to revise the height to 105' with an absolute cap to be set at
a datum of 7548.0' that is 98' above the finished pavement elevation of 7450.0' at
the Mall. As you will see we are not gaining any effective height and any further
reduction in height would cause us to loose a floor which could likely amount to a
loss of 18,200 S.F. (325' x 70' x 80% (efficiency factor of gross to net area)) of
net residential area which at $275/S. F. could amount to over $5,000,000 in sales
or $100,000 in transfer taxes.
Massing
We are preparing some computer base massing analyses to address two concerns.
It will illustrate the massing, currently approved and show the minor increase in
height that we are seeking. It will also serve to illustrate the maximum proposed
density relative to the constraints of the building envelope.
Transit Center
We would like the Town to understand that we and our prospective developers
have acknowledged the potential benefits of a transit center designed within the
established criteria.
Parldng
As stated, our PUD is bound to provide parking according to the current Town
code. The minimum allowable density would render a requirement the following
parking:
125 Timeshare @ 1.5/Unit x 85% 160 Spaces
17,000 Retail @ 5.511,000 S.F. x 85% 80 Spaces
240 Spaces
Our current development plan illustrated that 158 spaces could be parked per full
level. With the required additional required guest parking we can attain our
requirements on 2 levels of parking. Thanks to the slope of our side the first level
would be at grade with Benchmark Road and thus our lower level of parking
would be only 10' below the elevation of The Mall, to the north.
-23-
After nearly eight months of working cooperatively with staff, the Council and The
Planning Commission on this most recent proposal, we are intent in bringing this
process to a successful conclusion for all... the proverbial "win-win". We trust that
you will agree that in all our work on this parcel over the last five years, our
partnership has always worked fairly and openly to achieve positive, working
entitlements that will play a major role for the future of Avon.
We look forward to moving this project to its next phase and set the nucleus for The
Town Center and Avon.
Sincerely,
ti?5
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80' Air Rights over
Benchmark Court
Exhibit A
Site Section
T/Flr. = 7445.5'
194.45'
Calculations: Slope of Road = 7.4' Rise / 194.45 Run = 3.8% slope (.038)
Rise to N. Edge of Air Rights =.038 x 80' Run = 3.04' Rise
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TOWN OF AVON TRANSPORTATION CENTER
LOT 61 TRANSIT HUB
CENTRAL HUB WITH ECO
February 13, 2003
Revised January 21, 2004
BEST CASE SCENARIO - GUEST ATTENDANTS & NO FARES
Route Number Loop Frequency
Buses Time (Minutes)
Gondola (Skier) Shuttle 2 15 7.50
Town Shuttle 1 30 30.00
Hurd Lane Shuttle 1 30 30.00
Village Skier Shuttle 3 20 6.67
Buffalo Ridge 1 20 20.00
Nottingham Rd. Express 1 20 20.00
ECO 9 54 6.00
Totals 18
Minimum Number of Stalls Required 4
WORST CASE SCENARIO - FARES & NO GUEST ATTENDANTS
Trips
Per Hour
8
2
2
9
3
3
10
Route Number Loop Frequency Trips
Buses Time (Minutes) Per Hour
Gondola (Skier) Shuttle 3 20 6.67 9
Town Shuttle 1 30 30.00 2
Hurd Lane Shuttle 1 30 30.00 2
Village Skier Shuttle 4 20 5.00 12
Buffalo Ridge 1 20 20.00 3
Nottingham Rd. Express 1 20 20.00 3
ECO 9 54 6.00 10
Totals . 20
Minimum Number of Stalls Required 5
Dwell Total
Time Time/Hour
3.5 28.00
1.5 3.00
1.5 3.00
3.5 31.50
1.5 4.50
1.5 4.50
2.5 25.00
99.50
Dwell Total
Time Time/Hour
7.5 67.50
2.5 5.00
2.5 5.00
7.5 90.00
2.5 7.50
2.5 7.50
2.5 25.00
207.50
Note: 1) Dwell Time has been increased by 30 seconds to allow for manuevering into and out of stalls.
2) Minimum Number of Stalls includes 1 spare to accomodate for shift changes & missed schedules.
-a
TOWN OF AVON TRANSPORTATION CENTER
LOT 61 TRANSIT HUB
SPLIT TRANSIT CENTER
February 13, 2003
BEST CASE SCENARIO - GUEST ATTEN DANTS & NO FARES
Route Number Loop Frequency Trips
Buses Time (Minutes) Per Hour
Gondola (Skier) Shuttle 2 15 7.50 8
Town Shuttle 1 30 30.00 2
Hurd Lane Shuttle 1 30 30.00 2
Village Skier Shuttle 3 20 6.67 9
Buffalo Ridge 1 20 20.00 3
Nottingham Rd. Express 1 20 20.00 3
Totals 9
Minimum Number of Stalls Required 3
WORST CASE SCENARIO - FARES & NO GUEST ATTENDANTS
Route Number Loop Frequency
Buses Time (Minutes)
Gondola (Skier) Shuttle 3 20 6.67
Town Shuttle 1 30 30.00
Hurd Lane Shuttle 1 30 30.00
Village Skier Shuttle 4 20 5.00
Buffalo Ridge 1 20 20.00
Nottingham Rd. Express 1 20 20.00
Totals 11
Minimum Number of Stalls Required 5
Trips
Per Hour
9
2
2
12
3
3
Dwell Total
Time Time/Hour
3.5 28.00
1.5 3.00
1.5 3.00
3.5 31.50
1.5 4.50
1.5 4.50
74.50
Dwell Total
Time Time/Hour
7.5 67.50
2.5 5.00
2.5 5.00
7.5 90.00
2.5 7.50
2.5 7.50
182.50
Note: 1) Dwell Time has been increased by 30 seconds to allow for manuevering into and out of stalls.
2) Minimum Number of Stalls includes 1 spare to accomodate for shift changes & missed schedules.
11%
E'"114 / T" "/r
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: LOT 61 PUD
DATE: January 22, 2004
It is my understanding that some questions have been raised by
members of the public as to the propriety of the manner in which the Council is
considering the pending application for approval of PUD zoning for Lot 61. I
understand that in particular we have been questioned whether submittal
requirements have been fully complied with in sufficient detail as to such matters as
height, building coverage and so forth.
The planned unit development or "PUD" is the most flexible of zoning
tools. In the language of Section 17.20.110 of the Avon Municipal Code, "it is
intended to provide for flexibility and creativity in the development of land in order
to promote its most appropriate use."
The application before you essentially establishes parameters and
anticipates the specificity needed for development at a later date. That is not
inconsistent with the town code. Section 17.20.110(E) provides for flexibility with
respect to the PUD development plan. The language of that section is that the plan
"may consist of, but not be limited to, the approved site plan," etc. "May" is
permissive language and allows the council discretion to limit what is included in the
development plan. Section 17.20.11 0(7) anticipates that a PUD may be approved
without specificity and provides that "existing PUDs which have not been approved
with a precise or specific plan shall be subject to the review procedures for the
adoption of an approved development plan as described above."
Finally, and most significantly, Section 17.14.100, Avon Municipal
Code, a part of the Town's vested rights ordinance, provides that "the Town Council
may, by agreement with a landowner or developer, designate an approval other than
that described in this section as the site specific development plan for a specific
project." That section allows the council complete flexibility to enter into an
ti?
agreement with a developer establishing a PUD plan which differs from what is
otherwise contained in the Town Code, so long as the negotiation is a public process
accompanied by a public hearing on the final agreement.
JWD:ipse
?D
ON
January 22, 2004
Honorable Mayor Reynolds
And Fellow Town Council Members
Town of Avon
Avon, CO
Re: ATS Joint Venture [Avon Town Square]
Development Opportunities
Avon, CO
Ladies and Gentlemen of the Avon Town Council:
0048 E BEAVER CREEK BLVD
SUITE 207
Box 5300
AVON, CO 81620
970¦949.5200
vmda@vmda.com
FAX¦949¦5205
After working with your Town Manager and Community Development Department for
the last several months on a variety of development opportunities, we are very pleased to
be scheduled for your upcoming Work Session next Tuesday afternoon. Please feel free
to contact our office with any questions or input prior to our appearance before you.
We are, at the request of Al Williams, Managing Partner, distributing the attachments
(herein) to The Seasons Management Team, Avon Center HOA, Lot 61 Michael Hazard
and to anyone with an interest in the future development potential of Avon Town Center.
Our discussion topics will include the following:
• Possible negotiation of a physical connection to The Confluence development
site,
• Possible negotiated "trade" of sorts for a portion of the ATS Phase IV
development potential in exchange for potential development of a portion of the
Western ROW of Avon Road (or East edge of existing ATS Wells Fargo Center),
• Potential for Mixed-Use Development including Night Club, Residential (with
requisite EHU's), Covered Drive Through Bank Facility and Structured Parking
on the West End of the Avon Road Right of Way (Illustrated on Sheets SKO 1-
SK05)
• Possible Fly Over/Overpass for Avon Road,
• Summarize the possible Joint Development opportunities in concert with the
Town of Avon and surrounding commercial developers,
• F ional topics which may be of interest to you.
:
't ft-i uk y ii f?r this opportunity to meet with you each next Tuesday and we look forward
to your NtiO king with Mr. Al Williams as an expcriciicctl very capable and community
minded veloper.
4onalldson
ARCHITECTS
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, AICP - Community Develop
Ruth Borne, Director - Director of Community Development
Date January 22, 2004
Re: RNL Contract for Services on Comprehensive Plan Update
Summary
On January 13t", 2004, Town Council selected RNL Design as the consultant to update our
Town Comprehensive Plan.
Staff has worked with RNL Design on refining the approach and statement of work services
that is included in your packet for review and action today. Specifically, we have refined the
following areas of this proposal:
Refocused the initial phase of planning on the economic report, including limiting key
indicators that are focused primarily on Avon's economic development and overall
plan goals and policies.
Added as a recommended addition to this project, and to the initial visioning and
economic report, the Fiscal Impact Analysis model. The expanded components
represent an additional $10,000 in total budget for the project.
Staff strongly recommends that the optional Fiscal Impact Analysis work be included as an
integral part of the economic component of this plan. The analysis will inform the
community as to the potential fiscal implications of different land use scenarios, describing
alternative relative costs and benefits to the Town.
One of the key benefits of this analysis will be to effectively track the relationship of land use
decisions to public policy- a tool that we do not currently have available.
In summary, we have structured this process to begin with `fact finding' (build-out, economic
report, visioning, and indicator constructs) before moving in to policy and goal objectives.
RNL and staff will be available at your work session should you have any questions about
the scope of services and costs.
RNL Contract for Services, Comprehensive Plan Page 1 of 2
January 27, 2004
Town Manager Comments:
Attachments:
¦ Service Cost Matrix
¦ Statement of Work and Product
• Contract for Services
RNL Contract for Services, Comprehensive Plan Page 2 of 2
January 27, 2004
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Statement of Work and Product
Town of Avon Comprehensive Plan
The following is the Statement of Work and Product for the Town of Avon Comprehensive Plan
PHASE I: Project Initiation and Information Gathering
Objectives:
• Develop a common understanding of the project's Statement of Work and Product, its project schedule, and
public outreach efforts.
• Compile a database of all existing relevant data concerning comprehensive planning and land development
within the Town ofAvon.
• Compile input from various stakeholders concerning their perceptions of the Avon community and the
associated issues confronting the community.
Phase l will initiate with a meeting between the RNL consultant team and Town staff to review and refine the project's
Statement of Work and Product, project timeline, data resources and public outreach approach. This meeting will be
followed by a joint work session with the Town Council and Planning and Zoning Commission to further review and
refine the project's Statement of Work and Product, timeline and public outreach approach. It has been our experience
that this initial meeting is an important element toward ensuring the project's success by establishing from the project's
outset mutual expectations and an effective and collaborative dialogue between the consultant team and the client. One
important element to be decided at this meeting will be the composition of the project's Steering Committee. We
recommend that the Steering Committee include a geographic representation of residential areas along with local
employees, property owners, business owners, and elected and appointed officials to work with the consultant team
throughout the project. The Steering Committee will be assembled to serve as a source of information and act as a
sounding board to the consultant team. The most important role of the committee is to act as a voice for and to citizens
to ensure that the project responds to the vision of the broadest possible spectrum of the community.
Phase I includes initial information gathering, allowing the RNL consultant team to better understand the issues facing
the Town, its residents and property owners within and adjacent to the study area. Copies of all relevant planning
documents and all mapping (both digital and hard copy) will be forwarded to the consultant team to initiate document
review and our project base mapping. Town staff and the consultant team will tour the study area together to better
understand opportunities and constraints and to identify issues relative to residential neighborhoods, commercial
districts, industrial zones, historic and cultural resources, environmental resource areas, and major transportation
corridors. The RNL consultant team will initiate the project's citizen involvement with a series of stakeholder
interviews. Town staff, with the assistance of the consultant team, will identify key stakeholders to be interviewed in
Avon. These stakeholder interviews will allow the consultant team to discuss trends, issues and community values with
representatives from throughout the Avon community. The RNL consultant team will produce a summary of the
stakeholder interviews that will be used to generate an initial list of project issues and goals that will assist to jump start
the planning process. Additionally, the consultant team will assist the Town in the development of a project web page
to be placed on the Town's existing website and the establishment of project resource stations located in accessible
points within the community: Town Hall, libraries, post office, etc. This project web page and resource stations will
include the project schedule, opportunities for involvement, and interim project deliverables and will be continuously
updated throughout the planning process.
At the conclusion of Phase 1, the RNL consultant team will prepare a draft set of project goals and objectives that will
serve as a working outline for the final document and thus ensure that the Comprehensive Plan fully addresses the
issues and concerns of the Town Council, stakeholders, local residents and property owners. The goal of Phase I is to
clarify the project's goats and objectives and to begin identifying key issues and concerns to be addressed by the Town
of Avon Comprehensive Plan.
Consultant Team Tasks
1.1 Review with Staff Statement of Work and Product, schedule, public outreach approach, and budget.
1.2 Prepare for and conduct joint Town Council/Planning and Zoning Commission Work Session #1: Project
Kick-off.
1.3 Conduct document review.
1.4 Tour Town of Avon with Town Staff
1.5 Interview Community Stakeholders and prepare Interview Summary
1.6 Draft project Goals and Objectives Summary, review with Town staff, and revise as necessary
Town Staff Responsibilities
• Review Statement of Work and Product, schedule, public outreach approach, data resources, budget, and
contract.
• Assume logistics for all Town Council Work Sessions
RNL 1 1 /2l /04
Statement of Work and Product
Town of Avon Comprehensive Plan
• Collect and forward to RNL consultant team (1) copy of relevant planning documents, including concurrent
planning studies, reports, and mapping to include current zoning that depicts public right-of-ways, ownership,
land use, and zoning.
• Prepare for and conduct tour of Town of Avon with consultant team.
• Identify and schedule interviews with stakeholders. Assume responsibility for logistics of interviews: notify
all stakeholders of meeting date, time, location, and reserve interview rooms.
• Appoint Steering Committee members.
• Develop project resource stations and web page for posting on the Town's web site.
• Review Draft Project Goals and Objectives.
Meetings
• (1) 2-hour meeting with Town staff to review project's Statement of Work and Product, schedule, public
outreach approach, digital data resources, budget, and contract.
• (1) 2-hour Town Council/Planning and Zoning Commission Joint Work Session #1: review project's
Statement of Work and Product, schedule, public outreach approach.
• (l) 4-hour tour of the Town
• (1) 8-hour day of Stakeholder Interviews.
Deliverables
• Revised Statement of Work and Product, Project Schedule and Signed Contract
• Stakeholder Interview Summary
• Project Goals and Objectives Summary
RNL
1/21/04
6
Statement of Work and Product
Town of Avon Comprehensive Plan
PHASE 2: Community Vision Statement, Buildout Analysis, and Economic Report and Indicators Report
Objectives:
• Develop four key project components that will serve as building blocks for the development of the Plan's
goals and policies and its Future Land Use Plan and Community Framework Plan. These four components
include an updated Community Vision Statement, a Buildout Analysis, an Economic Report, and Indicators
Report.
The RNL consultant team will initiate Phase 2 by drafting the Buildout Analysis and Economic Report for review and
comment by both Town staff and the Steering Committee. The Buildout Analysis will inventory Avon's current
planned future buildout, identify additional development opportunities in terms of both potential developable and
redevelopable lands within the Avon planning area, and at the project's conclusion quantify the new Plan's projected
buildout potential. Specifically, the analysis will quantify the cumulative amount of development currently projected
for Avon by inventorying different land use types based upon Avon's current land use planning and vested
development approvals. The consultant team will rely upon Town staff to provide data on all existing development,
vested but not yet developed subdivisions and PUD approvals, and digital parcel data with associated zoning
designations in order to compile this inventory. This cumulative inventory will provide a baseline from which to
compare and contrast future Land Use Plan alternatives. At the project's conclusion, the Buildout Analysis will be used
to create an Executive Summary that describes the Comprehensive Plan's envisioned future buildout and its associated
key goals and objectives.
The Economic Report will identify opportunities and constraints to be considered and will enable the community to
refine goals and policies to address key policy issues to be considered in the vision, the land use alternatives, as well as
adjustments to development capacity, density allocations and redevelopment options. The Economic Report will be
comprised of an economic base analysis and an economic forecast for potential growth in order to achieve the
following three purposes:
1) To identify current and forecast economic conditions,
2) To identify economic and fiscal issues affected by land use and development decisions, and
3) To evaluate the ability of future revenues to pay for Town services and anticipated capital improvements.
The economic analysis component will evaluate supply and demand, linking the real estate supply, including lodging,
residential units, and retail/commercial space to demand derived from residents, overnight guests, and day visitors. The
analysis will use available secondary data to quantify current conditions and forecast growth opportunities over the 20-
year plan horizon. The economic base analysis will provide a forecast of growth opportunities under current real estate
and land use conditions. The Plan's land use and growth policies can then address how the community wishes to
respond in terms of accommodating potential growth. EPS will quantify the major characteristics of the existing
economic base including population and housing, employment, visitation, lodging occupancy, retail sales and leakage.
• Population and Housing - Quantify the existing mix of housing by type from Census, building permits, and
the buildout analysis. Estimate the occupancy characteristics and permanent and seasonal population from
available primary and secondary data sources including the Census and NWCOG second home survey.
• Employment - Estimate the local employment base from ES-202 employment data supplemented by the
commercial inventory. Make any adjustments for sole proprietors based on State demographer and NWCOG
data.
• Visitation - Estimate visitor trends and characteristics from lodging occupancy data, skier data, and other
sources.
• Retail Sales - Compile retail sales data by type of store and by season from Town sales tax data. Estimate
the distribution of sales by market segment (resident, seasonal, overnight visitor) through a comparative
analysis of retail store sales with expenditure estimates.
• Revenues - Estimate related sales, lodging, and property tax revenues.
The economic forecast for potential growth of housing, commercial, lodging and business/industrial space will be
determined by evaluating recent growth trends in the town and the potential for expansion determined by the buildout
analysis. Forecasts will be presented by five-year increment for the 20-year analysis period. The market demand will be
compared to the buildout analysis potential to determine the approximate date of buildout.
• Population and Housing - Forecast the expected growth in housing and estimated population by type and
determine expected buildout.
• Employment and Commercial Space - Estimate the growth in employment by sector from recent trends
and forecasts. Estimate the related growth in commercial space by type. Determine land demand for
commercial space by type.
RNL
1/21/04
Statement of Work and Product
Town of Avon Comprehensive Plan
• Visitation - Estimate visitor growth historic trends and also based on potential expansion and growth of the
economic base by segment including skiers, convention, and summer recreation visitors.
• Retail Sales - Forecast growth in retail sales by market segment based on the above growth forecasts.
• Revenues and Expenses - Estimate related sales, lodging, and property tax revenues. Relate major income
sources to Town needs for capital improvements and funding for general government services.
An optional task for the Town's consideration offered by the consultant team for an additional fee is to enhance both
the Economic Report as well the Town ofAvon's overall fiscal assessment is to develop a fiscal impact analysis model
to evaluate the impacts from development activity on the Town's public service costs and public revenues. The fiscal
impact analysis model would initially provide a tool to more fndly evaluate the relative fiscal implications the land use
plan alternatives developed in Phase 3. The model would also offer the Town ofA von a tool to evaluate on an ongoing
basis the fiscal impacts of individual development projects as well as to tract the cumulative effects of expected growth
and development. The following steps would be involved in the development of the fiscal impact model.-
Evaluate existing budget relationships to existing development.
• Determine future service standards for public services and facilities from an analysis of budget and CIP data
and interviews with key Town officials.
• Construct fiscal impact model to forecasts future costs and revenues
• Evaluate the fiscal impacts of Plan alternatives.
• Develop ongoing tool for monitoring future municipal costs and revenues.
The consultant team will present the draft Buildout Analysis and Economic Report to staff for its review and comment.
The consultant team will make necessary revisions to these reports prior to their presentation to the Steering Committee
and during Public Workshop #1.
The consultant team will prepare for and conduct Steering Committee Meeting #1. This meeting will have two primary
objectives: first, to provide an introduction to the project's goals and objectives, its scope of work and products,
schedule, and to detail the Steering Committee's role throughout the project. The meeting's second objective is to
present the draft Buildout Analysis and Economic Report to enhance the Steering Committee members' understanding
of the physical and economic environments to which the Comprehensive Plan should respond. The consultant team will
seek input and comments based on the Steering Committee's evaluation of these two reports. Following the Steering
Committee's meeting, the consultant team will prepare for and conduct Public Workshop #1. Similar to the initial
Steering Committee meeting, this first public workshop will have two primary aims. The first will be to introduce the
project to the public in terms of its draft goals and objectives, schedule and proposed public participation plan. This
will include an explanation of the Steering Committee's role within the project. The consultant team, in recognition of
the Town's desire to create an effective and well received public participation process is prepared to make any
necessary agreed to adjustments to the public outreach approach based upon feedback received at the Project Kick-off
Workshop. The workshop's second objective will be to obtain input from local residents, landowners and business
owners on their land use and growth management issues and concerns. Workshop participants will have on opportunity
to individually prioritize specific issues/concerns and then work in small-groups to develop a vision and/or prioritize
specific issues/concerns. To facilitate this discussion, the consultant team will present the key findings of the Buildout
Analysis and Economic Report. As with the objectives of the Steering Committee's meeting #1, this presentation will
lay the foundation for elevating the public's knowledge and understanding of their community and the planning process
in order to enhance the effectiveness of their participation. The consultant team will use the results of the public input
received at this workshop to draft an update to the Town of Avon's existing vision statement.
During Phase 2, the consultant team will develop an Indicators Report. The Indicators Report will identify detailed and
easily calculable indicators used to monitor sustainable economic and fiscal changes along with other quality of life
elements and to measure the ongoing progress of implementing the Plan's goals and objectives. The indicators are in
fact quantifiable objectives for the Plan. The indicators will be identified through a process of evaluating available
sources of data, isolating the most significant data for tracking trends and conditions, determining if composite
measures can be used, and relating the individual and composite indicators to the elements of the Plan. The first task
necessary to develop Avon's set of indicators is to identify meaningful data that relates to the Plan's potential goals and
policies that can be easily obtained and tracked. These data sources would focus primarily on information related to
Avon's economic development efforts - growth in population, housing, income, employment, visitation, income, and
public facilities - but would also include sources related to such topics as traffic, crime, and social services. The
potential data sources will be grouped by plan element to determine the relationships with plan policies. For composite
measures, the data sources will be converted from raw data to normalized values. Among the common composite
indicators used by other communities are growth rate factors, land use balance measures such as jobs/housing or
jobs/population ratios, and various transportation congestion measures such as level of service ratings. The most
effective indicators will be chosen by the Town to reflect the policies of the Comprehensive Plan. The objective is
"fewer is better", as too many indicators obscures the meaning of data and also creates needless data collection efforts.
RNL 4 1 /21 /04
4
Statement of Work and Product
Town of Avon Comprehensive Plan
The consultant team will present the indicator options with an analysis of the strengths and weaknesses to Town staff
for their review and comment.
The consultant team will prepare for and conduct Steering Committee Meeting #2. There are two objectives for this
meeting. First, using input from the public received during the Stakeholder Interviews, Public Workshop #1, and other
venues in conjunction with the information and issues identified within the Economic Report and Buildout Analysis,
the consultant team will engage the Steering Committee in a discussion/exercise to refine the draft Community Vision
Statement. The second objective of this meeting is to engage the Steering Committee in a discussion of the Draft
Indicators Report focusing on potential individual indicator's strengths and weaknesses and to identify a limited
number of measures or indices to track for each plan element area.
Phase 2 will conclude with compilation of revised drafts of the Buildout Analysis, Economic Report, Community
Vision Statement, and the Indicators Report. The consultant team will provide these four documents to staff for posting
on the project web page and the project's public resource stations.
Consultant Team Tasks
2.1 Generate Draft Buildout Analysis Report
2.2 Generate Draft Economic Report
2.2a Optional Task C: Fiscal Analysis
2.3 Review Draft Buildout Analysis and Economic Report with Town Staff
2.4 Revise draft Buildout Analysis and Economic Report
2.5 Prepare for and conduct Steering Committee Meeting #1: Review Draft Buildout Analysis and Economic
Report
2.6 Prepare for and conduct Public Project Kick-off/Vision Workshop #1
2.7 Generate Draft Indicator Report
2.8 Review Draft Indicator Report with Town Staff
2.9 Prepare for and conduct Steering Committee Meeting #2: Community Vision Workshop
2.10 Prepare revised Community Vision Statement, Buildout Analysis, Economic Report and Indicators Report
*This is an optional task offered for an additional fee above and beyond the base contracted fees and this
Statement of Work and Product. Inclusion of this Optional Task requires specific Town of Avon approval
and amendment to the contract.
Town Staff Responsibilities
• Review Draft Buildout Analysis Report, Draft Economic Report, and Draft Indicators Report.
• Meet with consultant team to review Draft Analysis Report, Draft Economic Report, and Draft Indicators
Report.
• Assume responsibility for logistics for all Steering Committee meetings throughout duration of planning
process. Notify all Steering Committee members of meeting dates, time, and location, reserve meeting rooms,
and provide refreshments.
• Assume responsibility for public notification of all Public workshops throughout duration of planning
process. Notify residents, property owners and business owners of meeting dates, times, and locations,
reserve meeting rooms, and provide refreshments.
• Attend Steering Committee Meetings # 1 and #2.
• Attend Public Project Kick-off/Vision Workshop #1.
Meetings
(2) 2-hour meeting with Town staff to review Draft Analysis Report and Draft Economic Report.
(2) 3-hour Steering Committee Meetings #1 and #2.
(1) 3-hour Public Project Kick-off/Vision Workshop #1.
Deliverables
• Draft Community Vision Statement, Draft Buildout Analysis Report, Draft Economic Report, and Draft
Indicator Report.
• Revised Community Vision Statement, Buildout Analysis Report, Economic Report, and Indicator Report.
RNL
1 /21 /04
Statement of Work and Product
Town of Avon Comprehensive Plan
PHASE 3: Future Land Use Plan and Community Framework Plan
Objectives:
• Explore alternative scenarios to develop a Preferred Future Land Use Plan reflecting the Avon's most
desirable land use mix and configuration.
• Develop a draft Community Framework Plan to augment and support the Preferred Land Use Plan.
During Phase 3, the RNL consultant team will generate up to three (3) Alternative Land Use Plans and a draft
Community Framework Plan. The RNL consultant team will develop these Alternative Land Use Plans based upon
existing conditions and their potential evolution as indicated by the Economic Report and Buildout Analysis developed
during Phase 2. The RNL team will rely heavily upon the Town's existing plans and documents, such as the Town
Center Plan, the Transportation Plan (and its update), the East Avon Access and Circulation Plan, the Housing Strategy
Plan, the Recreation Master Plan, and recently approved large PUD plans such as Chapel Square and the Village at
Avon as the framework for developing these Alternative Land Use Plans. The consultant team will evaluate each
Altemative Land Use Plan to more fully describe each alternative's unique characteristics and feasibility.
If the Town elects to include the optional task for a fiscal impact analysis, the consultant team will evaluate each
Alternative Land Use Plan using the fiscal analysis model to forecast each alternative's relative fiscal costs and
benefits. This analysis will inform the community as to the potential fiscal implications of different land use scenarios
and thereby more fully understand their associated trade-offs.
TDA will assist the RNL team by evaluating traffic implications of the alternative land use proposals. These evaluation
will articulate the relative change in traffic volumes and driving experience associated with each alternative and
subsequently, the collective buildout condition by accessing the respective traffic analysis zones used in previous Town
transportation master plans to determine the change in traffic associated with these alternative land use schemes. The
traffic evaluation will also address the adequacy of the existing and planned road network with regard to specific
improvements necessitated or proposed by each altemative. If the road network does not appear capable of
accommodating traffic in an acceptable fashion we will offer options for improving operation to attain a desired travel
condition.
The consultant team will present the Alternative Land Use Plans and the draft Community Framework Plan to Town
staff for their review and comment. The consultant team will revise these plans as necessary. The consultant team will
prepare for and conduct Public Open House #2 during which the public will be given the opportunity to review each
alternative in order to identify each plan's most compelling and appropriate land planning strategies/concepts/elements.
The consultant team will synthesis this public input, and use it to assist in the development of the Preferred Future Land
Use Plan and revised draft Community Framework Plan. These two plans will be presented to Staff for their review and
comment. The consultant team will then prepare for and conduct Steering Committee Meeting #3. The objective of this
Steering Committee meeting is to receive feedback on how effectively the Preferred Future Land Use Plan the draft
Community Framework Plan reflect the public's input regarding their vision and desires for Avon's future form and
function. The consultant team will revise as necessary the Preferred Land Use Plan and draft Community Framework
Plan based upon the Steering Committee's input. Copies of the revised Preferred Land Use Plan and draft Community
Framework Plan will be posted on the project web site and placed at the Project Resource Stations for public review.
Consultant Team Tasks
3.1 Prepare Alternative Land Use Plans and Draft Community Framework Plan
3.2 Review with Staff Altemative Land Use Plans and Draft Community Framework Plan
3.3 Prepare for and conduct Public Open House #2
3.4 Prepare Preferred Future Land Use Plan and revised draft Community Framework Plan
3.5 Review with Town Staff Preferred Future Land Use Plan and draft Community Framework Plan
3.6 Prepare for and conduct Steering Committee Meeting #3: Preferred Future Land Use Plan and draft
Community Framework Plan
3.7 Refine/revise Preferred Land Use Plan and draft Community Framework Plan
Town Staff Responsibilities
• Meet with consultant team to review Alternative Land Use Plans and Draft Community Framework Plan.
• Assume responsibility for public notification of Public Open House #2. Notify residents, property owners and
business owners of meeting date, time, and location, reserve meeting rooms, and provide refreshments.
• Assume responsibility for logistics for Steering Committee Meeting #3. Notify all Steering Committee
members of meeting date, time, and location, reserve meeting rooms, and provide refreshments.
• Attend Public Open House #2.
• Attend Steering Committee #3.
RNL 6 1 /21 /04
Statement of Work and Product
Town of Avon Comprehensive Plan
Meetings
(2) 4-hour meetings with Town Staff to review Alternative and Preferred Land Use Plans and draft
Community Framework Plans.
(1) 3-hour Public Open House #2.
(1) 3-hour Steering Committee #3.
Deliverables
• Up to three (3) Alternative Land Use Plans and Draft Community Framework Plan
• Preferred Land Use Plan and revise Draft Community Framework Plan.
RNL
1/21/04
Statement of Work and Product
Town of Avon Comprehensive Plan
PHASE 4: Draft Goal and Policy Statements
Objectives:
• Develop a draft of the Comprehensive Plan that provides specific strategies to guide future growth, to assist
with the protection and appropriate use of the Town's resources, and to guide the sound investment in
community services and facilities.
To ensure that the Comprehensive Plan document addresses all the Town's desired topics and associated sub-elements,
the RNL consultant team will prepare an annotated outline for staff's review and comment. With the framework of the
document thus established, the consultant team will prepare a series of goal and policy statements that support the goals
and objectives initially identified in Phase 1, that respond to the development opportunities identified in the Buildout
Analysis and Economic Report and Community Vision Statement developed in Phase 2, and that reflect the land use,
community framework and planning principles developed in Phase 3. The policies will serve as the foundation of the
Town's Comprehensive Plan and will set direction for the location, density and quality of future growth of
development and redevelopment. The Policies will address at a minimum land use; economic development;
transportation; environment; housing; community facilities and services; parks, recreation, and open space; and
community image and design. The consultant team will provide the draft goal and associated policy statements to staff
for review. The consultant team and staff will meet to thoroughly discuss and review the draft policy and goals
statements. Staff will provide the consultant team a consolidated set of comments from which the consultant team will
revise and refine the draft policy and goal statements.
The consultant team will prepare for and conduct two consecutive Steering Committee meetings to present and review
the revised draft goal and policy statements. It is anticipated that due to the large amount of subject matter to be
reviewed and discussed, two Steering Committee meetings will be necessary to complete the committee's review and
discussion of the draft goals and policy statements. Based upon the comments received from the Steering Committee
during Meetings #4 and #5, the consultant team will make additional revisions and refinements to the draft goal and
policy statements, as needed.
Consultant Team Tasks
4.1 Prepare Comprehensive Plan Annotated Outline for review and comment by Town Staff
4.2 Draft Goals and Policy Statements
4.3 Meet with Town Staff to review Draft Goals and Policy Statements
4.4 Revise and refine Goal and Policy statements based on Town Staff comments
4.5 Prepare for and conduct Steering Committee Meeting #4
4.6 Prepare for and conduct Steering Committee Meeting #5
4.7 Revise and refine Goals and Policy statements, as necessary.
Town Staff Responsibilities
• Review and comment on Annotated Outline.
• Review Draft Goal and Policy Statements and provide consolidated comments to consultant team for
refinement.
• Assume responsibility for logistics for Steering Committee Meetings #4 and #5. Notify all Steering
Committee members of meeting dates, times, and locations, reserve meeting rooms, and provide
refreshments.
• Attend Steering Committee Meetings #4 and #5
Meetings
(1) 4-hour meeting with Town Staff to review Draft Goal and Policy Statements.
(2) 3-hour Steering Committee Meetings #4 and #5.
Deliverables
• Annotated Outline
• Draft Goal and Policy Statements
PHASE 5: Final Documentation
Objectives:
• Enable the Town of Avon to adopt a Comprehensive Plan that is a viable working document; that reflects the
vision, goals, and values of the Avon community; that balances fiscal and market realities with the
community's desires; and that provides direction and implementation strategies to control the pace, location,
and form ofgrowth.
• Provide a final Buildout Analysis as a separate executive summary of the Comprehensive Plan identifying the
Plan's buildout potential and related pertinent goals and policies.
RNL
1 /21 /04
Statement of Work and Product
Town of Avon Comprehensive Plan
• Provide a final Indicators Report specifically tailored to Avon that identifies detailed and easily calculable
indicators to monitor Avon's progress toward achieving sustainable economic, fiscal, transportation, and
other quality of life changes and that measures the ongoing progress of implementing the goals and
objectives of the Comprehensive Plan.
In Phase 5 the RNL consultant team will produce the Final Draft of the Town of Avon Comprehensive Plan. The
consultant team will provide the final draft document to Town staff for final review and comment prior to its
presentation to the Planning and Zoning Commission and Town Council for review and adoption.
As part of the Town of Avon Comprehensive Plan document, the consultant team will prepare an implementation
action matrix that responds directly to the proposed Goals and Policies. Although many actions may be ongoing, some
actions may require immediate attention and others may not be financially feasible for 5-7 years. The matrix will relate
to the Indicators Report and will provide Town staff and Town Council a checklist to ensure that the recommendations
proposed in the Comprehensive Plan are being implemented in a timely and orderly manner.
Many of the tasks included in the Statement of Work and Products will result in a series of deliverables that could
potentially be distributed throughout the course of the planning process. It is our hope that as specific components of
the Comprehensive Plan become finalized, documentation from each task will be available at a Project Resource
Station located within the community and for posting on the Project Web Page. The consultant team will work closely
with Town staff at the beginning of the project to identify the most practical, efficient and user-friendly approach for
final documentation of individual interim project products as well as the final Executive Summary Buildout Analysis
and Indicators Report.
Consultant Team Tasks
5.1 Prepare Final Draft: Town of Avon Comprehensive Plan with Implementation Matrix.
5.2 Review Final Draft with Town Staff
5.3 Revise Final Draft, if necessary
5.4 Attend (4) Adoption Hearings
Town Staff Responsibilities
• Review Final Draft.
• Attend Planning and Zoning Commission and Town Council adoption hearings.
Meetings
(1) 3-hour meeting with Town Staff to review final draft.
(4) Adoption Hearings.
Deliverables
• Black and White Draft: Town of Avon Comprehensive Plan (25) copies for citizens, Town staff, Town
Council and Planning and Zoning Commission.
• Final Document: Town of Avon Comprehensive Plan: (1) master hard copy: sketches to be black and white,
mapping to be in color, (50) copies of final document, (1) Digital Copy of text, illustrations and mapping.
• Mapping: (1) 30x42 color plot of each map.
Total Fee Phase 1: Project Initiation and Draft Project Goals and Objectives $11,838
Total Fee Phase 2: PHASE 2: Community Vision Statement, Buildout Analysis,
Economic Report, and Indicator Report $30,626
Total Fee Phase 3: Future Land Use Plan and Community Framework Plan $13,458
Total Fee Phase 4: Draft Policies and Goal Statements $13,088
Total Fee Phase 5: Final Documentation $6,038
Total Project Fees: $75,048
Reimbursables (estimated to be 6.5% of Total Project Fees) $4,878
Total Project Costs: $79,926
RNL 9 1/21/04
\2/
Statement of Work and Product
Town of Avon Comprehensive Plan
Optional Tasks
Optional Task A: Project Web Page
To augment the public outreach component of the project, the RNL Design is able to develop a project web page to be
placed on the Town's existing website. This project web page is a cost effective way to keep the public informed about
the project to include the project schedule, opportunities for involvement, and interim project deliverables. The website
will be continuously updated throughout the planning process.
Estimated costs associated with the Project Web Page: $2,000.
Optional Task B: Expanded Market Analysis
The expanded market analysis would allow for the development of a retail sales and expenditure model to track retail
sales capture and leakage and retail expenditure capture and leakage by market segment. This model could be used to
evaluate the supportability of future retail projects, and to forecast the level of future retail sales, space, and sales tax
revenues expected with alternative growth forecasts and Plan land use alternatives. The following steps would be
involved:
• Compile a detailed inventory of all commercial space in the Town.
• Conduct confidential merchant interviews to obtain data on sales by market segment.
• Quantify existing store sales levels by type and location from store by store sales tax data obtained from the
Town (under a confidentiality agreement).
• Conduct a household survey of residents and second homeowners to quantify local expenditure levels and
locations.
• Construct an economic model establishing the relationships between retail sales and expenditure levels by
market segment (permanent and seasonal residents, overnight visitors, day visitors and employees).
• Develop a model component to forecast future supportable retail sales, store space, and capture levels under
alternative performance and growth scenarios.
Estimated costs associated with the Economic Analysis and Market Evaluation: $18,000.
Optional Task C. Fiscal Impact Analysis
One of the community's needs is the ability to track the relationship of land use decisions to fiscal policy. In this
optional task, EPS would develop a fiscal impact analysis model to monitor the Town's public service costs and public
revenues derived from development activity. The Model would be used as an evaluation too] for Plan land use
alternatives. It could also be used on an ongoing basis to evaluate the fiscal impacts of individual development projects
as well as the cumulative effects of expected growth and development.
• Evaluate existing budget relationships to existing development.
• Determine future service standards for public services and facilities from an analysis of budget and CIP data
and interviews with key Town officials.
• Construct fiscal impact model to forecasts future costs and revenues
• Evaluate the fiscal impacts of Plan alternatives.
• Develop ongoing tool for monitoring future municipal costs and revenues.
Estimated costs associated with the Fiscal Impact Analysis: $10,000.
Optional Task D: Traffic Model Adjustment
During the course of the Comprehensive Plan project, the opportunity exists for the Town of Avon to fine-tune the
Town's current traffic model by evaluating and incorporating data relative the actual traffic redistribution that has
occurred since the new I-70 interchange (Post Blvd.) opened. TDA would analyze their past and present annual traffic
count data they have collected for the Town the past four years to determine apparent shifts in Avon Road, US 6 and
East Beaver Creek Boulevard attributed to the new interchange. This information could be useful in establishing the
degree of "new" capacity made available in the Town's commercial center by virtue of the new interchange. Summer
count data will be supplemented by `04 Spring Break count data available in April 04. Potential products would include
charts and narrative depicting traffic growth changes on key roadways and the change in reserve capacity attributed to
recent traffic redistribution.
Estimated costs associated with Traffic Model Update: $2,500.
Optional Task E: GIS Overlay Maps
GeoWest, Inc. offers an optional GIS update that would focus on augmenting the Future Land Use Plan with three
overlays to be determined, potentially Transportation, Utilities and Public Facilities, and Parks/Open Space/Trails.
Specific map components will be dependent on existing digital databases currently available from the Town and
County. Eagle County maintains a high quality GIS that may be utilized provided Avon has a current data sharing
agreement established with the County. It is anticipated that the GIS data will be formatted to Eagle County's
coordinate system to facilitate integration with the Eagle County data.
Estimated costs associated with GIS Overlay Maps: $8,500.
RNL
10
1/21/04
.'l,
Statement of Work and Product
Town of Avon Comprehensive Plan
Optional Task F. Illustrated Goals and Policies
RNL Design offers highly skilled urban designers and illustrators whose graphic skills have aided many successful
planning projects. Illustrating planning goals and policies brings what might otherwise be abstract concepts to life by
providing tangible views of these concepts' possible appearance and form. Not only do illustrated goals and policies
provide clarity to the finished product, but these graphics also serve as a valuable tool during the planning process by
enabling greater understanding of the possible implications of competing alternatives.
Estimated costs associated with Illustrated Goals and Policies: $3,000.
Reimbursable Costs for project
Photocopies: .10/page
Color Photocopies: 1.00/page
Fax: 1.00/page
Bond Plots: 1 S/SF
Mileage: .365/mile
GeoWest Map Reimbursable Costs: 36"x48" Plot: $10 each; 1 I"x 17" Plot: $5 each, I I" x 17" copy: $2.50; CD-ROM
creation: $10.00 Dry Mount: $25.00 each; Custom Map Boards: $100 each
All other outside costs to be billed as incurred
RNL
1/21/04
,1?
RNL DESIGN AGREEMENT TO FURNISH
CONSULTING SERVICES TO CLIENT
ARCHITECT
RNL DESIGN, INC ("RNL DESIGN")
1515 Arapahoe Street
Tower 3, Suite 700
Denver, CO 80202
Telephone: (303) 295-1717
Facsimile: (303) 292-0845
George H. Harrison
Title: Project Manager
Direct Telephone: 303.575.8436
E-mail: george.harrison@rnldesign.com
Date: January 19, 2004
RNL DESIGN Project No: _ 1060.1739.01
CLIENT
Town of Avon
Tambi Katieb
Title: Town Planner
PO Box 975
Avon, CO 81620
Telephone: 970.748.4002
Facsimile: 970.949.5749
E-mail: TKatieb@avon.org
Either Client or RNL DESIGN may change its designated Representative by advising the other
party in writing.
PROJECT DESCRIPTION AND LOCATION:
Comprehensive Plan, Town of Avon
DESCRIPTION OF RNL SERVICES:
RNL DESIGN will provide professional services for the Project as set forth in Exhibit A, Statement
of Work and Products, Dated January 21, 2004 and as described in the Town of Avon Request for
Proposal for the Town of Avon Comprehensive Plan Update dated November 7, 2003.
PROJECT PHASING:
Requested Start Date: January 27, 2004
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page 1 of 5
.(-,
Anticipated Project Completion Date: November 2004
COMPENSATION:
Compensation for the RNL DESIGN Services, described above, shall be a fixed amount of Seventy
Nine Thousand, Nine Hundred Twenty-six Dollars (S 79,926), which shall be billed on a percentage
of completion basis.
TERMS AND CONDITIONS OF SERVICE
REIMBURSABLE EXPENSE: Included within the total Basic Compensation, RNL DESIGN
shall be reimbursed for all disbursements made for the benefit of the project. These
reimbursements shall include but not be limited to:
Travel Expenses
Telecommunications Charges
Printing and Reproduction
Other Direct expenses resulting from Project Activities
Reimbursable expenses shall be billed on a monthly basis as incurred, at 1.00 times direct
cost.
2. CONSULTANTS TO RNL DESIGN: All professional services which are required for the
provision of the services described in the Statement of Work and Products and/or for any
Additional Services, which are not available from RNL DESIGN itself, will be obtained by
RNL DESIGN from other consultants. RNL DESIGN will invoice client for such consultants
at cost plus the time required for RNL DESIGN coordination.
ADDITIONAL SERVICES: Should Client request any work not described and included in the
above Description of Services ("Additional Services"), RNL DESIGN will provide such
services to Client and will invoice Client on an hourly basis in accordance with Exhibit B,
RNL DESIGN Hourly Billing Rates.
4. BILLING: Invoices, with appropriate supporting documents, shall be submitted monthly
based on the amount of services completed and are payable by the Client within 30 days of the
date of invoice. Invoices due and remaining unpaid under this Agreement thirty days after the
date of the invoice shall bear interest at a rate of 1-1/2% per month from the day of the
invoice. RNL DESIGN agrees to extend credit to the Client for a maximum of 45 days after
the date of the invoice. Notwithstanding anything else to the contrary in this Agreement,
should invoices remain unpaid 45 days or more after the date of the invoices, RNL DESIGN
may, with 5 days written notice, stop all work under this Agreement. Prior to RNL DESIGN
resuming work, Client shall pay all outstanding invoices and agrees to reimburse RNL
DESIGN for Additional Services and Expenses caused by the work stoppage. If invoices are
not timely paid, Client agrees to pay all costs and expenses incurred by RNL DESIGN in the
collection of unpaid invoices, including attorneys' fees, court costs and expenses of collection,
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\L e
as well as the professional and staff time of RNL DESIGN employees reasonably incurred in
collecting such fees and expenses.
5. Client agrees to limit RNL DESIGN'S liability to the Client and to all construction contractors
and subcontractors on this project, due to RNL DESIGN'S professional acts, errors or
omissions, such that the total aggregate liability of RNL DESIGN to all those named shall not
exceed RNL DESIGN'S total compensation for services rendered on this project.
6. Client and RNL DESIGN agree that RNL DESIGN shall not be responsible or liable for any
errors, acts or omissions of Client or any contractor, subcontractor, architect, engineer or other
person or entity employed or retained by Client for the Project.
7. Either party may terminate this Agreement upon not less than seven days written notice should
the other party fail substantially to perform in accordance with the terms of this Agreement
through no fault of the party initiating the termination.
The Client and RNL DESIGN waive claims against each other for consequential damages
arising out of or relating to this Agreement and the performance thereof This mutual waiver
includes and shall be limited to:
(a) damages incurred by the Client for rental expenses, for losses of use, income, profit,
financing, business and reputation, and for loss of management or employee productivity
or of the services of such persons; and
(b) damages incurred by RNL DESIGN for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation.
9. Client and RNL DESIGN agree that from time to time, there may be conflicts, disputes and/or
disagreements between them, arising out of or relating the services of RNL DESIGN (and/or
its consultants), the Project or this Agreement (hereinafter collectively referred to as
"Disputes"). It is the mutual desire, intent and commitment of the Client and RNL DESIGN
that a sincere and good faith effort be made to resolve any and all such Disputes, promptly, in
a mutually satisfactory manner, and without the need for incurring the time, expense and delay
occasioned by resort to litigation. Therefore, the Client and RNL DESIGN agree that all
Disputes, which are not resolved as a result of the exchange of information and meetings, shall
be submitted, as a condition precedent to litigation or arbitration, to non-binding mediation.
The selection of the mediator, as well as, the date, time and location of the mediation shall be
by the mutual agreement of the parties.
10. Disputes
(a) All Disputes, which:
(i) are not resolved as contemplated in Paragraph 10 above; and
(ii) which involve an amount in controversy legitimately in excess of $100,000, shall
be resolved by initiation of formal judicial proceedings in an appropriate court of
law of competent jurisdiction and proper venue, unless the Client and RNL
1 /21 /04
page 3 of 5
\A
DESIGN agree in writing to utilize some other alternative dispute resolution
procedure.
(b) All Disputes, which:
(1) are not resolved as contemplated in Paragraph 10 above; and
(ii) which involve an amount in controversy of $100,000 or less, shall be resolved by
submission to mediation. No joinder in such mediation shall be permitted of any
other party without the prior written consent of Client, RNL DESIGN and such
party.
(c) The demand for mediation shall be made within a reasonable time after the parties'
failure to resolve the Dispute as contemplated in Paragraph 10 hereof
(d) Notwithstanding anything in this Agreement to the contrary, in no event shall any
arbitration or judicial proceedings of any kind be commenced or maintained after the
date when institution of legal or equitable proceedings based on such Dispute would be
barred, limited or precluded by the applicable law.
(e) Pending the resolution of any Dispute(s), Client and RNL DESIGN shall proceed with
the performance of their respective obligations under the Agreement or any portion
thereof to be performed to which such Dispute(s) pertain.
11. This Agreement shall constitute the entire, complete and integrated Agreement between the
parties hereto and shall supersede all prior contracts, proposals, representations, negotiations,
and letters of intent, whether written or oral, pertaining to the Project.
12. The provision of services by RNL DESIGN and the interpretation of this Agreement shall be
governed by the laws of the State of Colorado.
13. RNL Design shall have the right to include photographic or artistic representations of the
design of the Project among RNL Design's promotional and professional materials. RNL
Design shall be given reasonable access to the completed Project to make such
representations. However, RNL Design's materials shall not include the Client's confidential
or proprietary information if the Client has previously advised RNL Design in writing of the
specific information considered by the Client to be confidential or proprietary. The Client
shall provide professional credit for RNL Design in the Client's promotional materials for the
Project.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date
first appearing above.
CLIENT:
By:
1/21/04
By:
page 4 of 5
RNL DESIGN, INC.:
Title:
Date:
1/21/04
Title:
Date:
page 5 of 5
RNL DESIGN AGREEMENT TO FURNISH CONSULTING SERVICES TO CLIENT
Exhibit B
RNL DESIGN, P.C.
HOURLY BILLING RATES
January 1 - December 31, 2004
Principal 2 192.00
Principal 3 218.00
Associate Principal 1 140.00
Associate Principal 2 166.00
Project Manager 1 125.00
Project Manager 2 140.00
Project Coordinator 1 83.00
Project Coordinator 2 94.00
Project Coordinator 3 109.00
Arch Specialist 1 99.00
Arch Specialist 2 114.00
Arch Specialist 3 130.00
Arch Specialist 4 151.00
Planner 1 85.00
Planner 2 99.00
Planner 3 135.00
Landscape Architect 1 60.00
Landscape Architect 2 67.00
Landscape Architect 3 77.00
Architectural Intern 1 57.00
Architectural Intern 2 66.00
Architectural Intern 3 75.00
Interior Designer 1 53.00
Interior Designer 2 65.00
Interior Designer 3 75.00
Engineer 1 99.00
Engineer 2 114.00
Engineer 3 135.00
Intern Engineer 1 62.00
Intern Engineer 2 68.00
Intern Engineer 3 83.00
Cadd Operator 1 57.00
Cadd Operator 2 71.00
Tech Support 1 52.00
Tech Support 2 62.00
Tech Support 3 73.00
Tech Support 4 80.00
Tech Support Mgr 135.00
'1n
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks/Town Manager
From: Meryl Jacobs/Recreation Director
Date: January 20, 2004
Re: Regional Recreation Issues
Summary: The county continues to pursue the concept of a Recreation Center on the
Berry Creek 5th _ My understanding is that the county commissioners interviewed
Ballard* King last Tuesday as a potential firm to conduct the feasibility study. Per
Michael Roeper, Ballard* King was directed to broaden the scope of the study which is
expected to cost $35,000 and to report back to the commissioners in several weeks.
Attached for your review is the original RFQ that was released.
The Town of Gypsum is also moving ahead on their plans to build a 40,000 square foot
recreation center in cooperation with Western Eagle County Metropolitan Recreation
District. Gypsum has begun interviewing architects for their project. WECMRD has
agreed to partner with Gypsum on the construction and operation of this facility.
The Recreation Directors of VRD, WECMRD, EVMD and Avon continue to meet on
regional issues. Our goal is enhance cooperation between the districts and to prevent
duplication of services. To advance this goal, Avon has agreed to coordinate the
production of a valley wide marketing piece that will outline countywide youth recreation
programs available for the summer of 2004. Avon is also considering offering a variety
of programs at Eagle-Vail facilities this summer.
I will continue to forward pertinent information on to the council as I receive it.
Town Manager Comments: ?`?
EAGLE COUNTY, COLORADO
REQUEST FOR QUALIFICATIONS
BERRY CREEK/MILLER RANCH
COMMUNITY RECREATION CENTER
INTRODUCTION
Eagle County, Colorado is accepting statements of interest and qualification from
consulting firms to provide a feasibility study for a proposed community recreation center
in Eagle County. Services to be provided include a feasibility study that will identify the
current and future needs and demands of the community (the Eagle River Valley) for
such a facility, determination of estimated costs of construction, annual operation and
maintenance costs and projected revenue.
PROJECT DESCRIPTION
Eagle County, Colorado has worked together with other community partners to
plan for the development of the Berry Creek/Miller Ranch Planned Unit Development.
The Development is comprised of approximately 196 acres which will inclu& n",- dable
housing, open space, a middle school, high school, community college and recreation
site. This project anticipates a possible Community Recreation Center on the Berry
Creek/Miller Ranch recreation parcel, Tract C, which is comprised of approximately 35
acres, with soccer and playing fields and other features utilizing portions of Tract C. This
project is located in Edwards, Colorado directly east of the Edwards Spur R -;.;- = south
of I-70.
OBJECTIVES/SCOPE OF WORK
The Eagle County Board of County Commissioners are seeking statements of
interest and qualification from firms to provide a feasibility study for a community
recreation center to serve the current and future needs of all ages of both the residents and
visitors to a rapidly growing County. Thg.tpbiltY study is to identify,
the current ard`future needs and preferences of the community regarding a recreational
facility and develop a logical approach to funding the `implementation of this project.
The feasibility study for the proposed community recreation center should identify
programming opportunities and a cost?enefit analysis"for Bach proposed activity space; a
conceptual plan and the associated costs for development and construction; estimated
costs for the annual operation and maintenance; options for management and staffing and
maintenance of the facility; and revenue possibilitie&and recommendations for recouping
annual operational and maintenance costs of the facility.
MINIMUM QUALIFICATIONS
The Board of County Commissioners is seeking a fine that can demonstrate
extensive experience in conducting successful fe for biliity studies for
e of providing prop fsednc a1 of
facility. Specifically the firm must be organized facilities.
information/feasibility and planning for community recreation
The Consultant should be familiar with Eagle County and its recreations Land Use
pro ects
Regulations, and be well experienced in development mecond home owners and visitors to the
of the size and scale of this project. The nee
community are viewed as important elements of any study.
The firm must have a proven ability as evidenced by past performance, current
resources and personnel.
SUBMISSION REQUIREMENTS
Respondents must provide the following information in responding to this Request for
Qualifications:
1. Cover Letter
a. Statement of interest and what services can be provideli.
b. Name, address, phone number, fax number and e-mail address of the firm.
c. The names and qualifications of k6 personnel within the firm and o:
those designated to perform the work. Please highlight strengths and role
of key personnel:
2. Qualifications and Experience
a. Number of years your firm has been doing business under the name stated
above.
b. Demonstration of relevant and current project experience (a resume of
experience will suffice).
c. Statement of ability to perform the requested services
d. Demonstrate ability to meet tight gchedules (time constraints) and
maintain a high quality of work.
e. Indicate the number of people`om organizati°n.
3. Structure of Organization
a. If your firm is a corporation please provide the date and state of
Incorporation; chief executive's name and title.
b. If your firm is a partnership of individuals provide the date of organization
and the names of all ownerships and their ownership participation; the
chief executive's name and title.
c. Have any of the principals in your organization changed within the fast
three years. If yes, explain.
2
d. Location of the office which will be responsible for the project.
4. Provide a narrative of what your general approach to this type of project including
a detailed description of services to be provided and all other relevant
information.
5. Attach a list of recent projects or feasibility studies over the last five years.
6. Please provide three client references.'.,
7. Any lawsuits, federal, state or local or potential claims pending against you or
your firm or officers of the firm at this time? If so, please explain.
8. Has your corporation ever filed for bankruptcy or corporate protection under
applicable federal or state laws in the last seven years?
9. Compensation. Please state how you determine or assess fees and costs for the
services identified.
Please submit ten (10) copies and one (1) unbound copy of your response.
GENERAL CONDITIONS
Consultants interested in responding to this request for qualifications shoW,` Limit
the information listed above to:
Rich Cunningham, Director of Facilities Management, Post Office Box
850, Eagle, CO 81631 or fax to 970-328-7720. The deadline for receipt of
proposals is 2:00 p.m. on September 30, 2003.
The qualifications will be reviewed and County may seek any additional ulturmation
or other review it determines to be necessary. Firms may be asked to supplement
their initial submissions with additional written materiai. Interviews may or 2-..-W not
be scheduled in the sole discretion of Eagle County.
Any questions regarding this Request for Qualifications are to be in writing directed
to Eagle County Facilities Management Department, Attention Director of Facilities
Management-fax number (970)328-7720. Inquires must be made in writing and
submitted no later than September 15, 2003 ouestions will be answered by written
addenda only; oral interpretations shall have no effect.
This Request does not commit Eagle County to award or contract with nor to pay any
costs incurred in the preparation and submission of qualifications in anticipation of a
contract. The County reserves the right to reject any and all submissions, in whole or
in part, received by reason of this Request. The County further reserves the right to
cancel all or part of this Request or further to solicit new or additional information to
better serve its interests. The County will not pay for any information herein
requested, nor is it liable for any costs incurred by any responding firm.
Eagle County's decision is not subject to recourse action. This Request does not
commit Eagle County to award a contract.
ATTACHMENTS
Draft Recreation Site Plan
4
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Fraidy Aber, Special Events Coordinator
Date: January 22, 2004
Re: July 4t' Sponsorship
Summary:
For 2004, we plan on recouping 70,000 dollars of the Salute budget through sponsorship
monies. In the effort to do this, I have prepared a sponsorship package that outlines levels
and sponsorship and their respective value. Any assistance is connecting with sponsors
would be greatly appreciated.
Background: Avon's Salute to America has been presented for the past 17 years! It is
Avon's biggest event with crowds reaching 20,000 on-site and uncountable viewers from
hillsides and homes. Crowds are both local and statewide visitors. Salute keeps Avon's
Town name associated with the largest fireworks event in Colorado and maintains Avon's
reputation as a continuously thriving community. In order to continue to plan for Salute
festivities, we need to recoup a majority of the costs in putting up such a large show.
Town Manager Comments: ?fl f hy2
t411,, VUfU
Attachments: AJ_ TOP I Sponsorship Package.
CIO /„
?PAada,? ?ap, c?,
?h ,rya O-y7
? ? .
JY
??-
M Frady Aber
1V J" Special Events
AVON
C O L O R A D O
Town of Avon 970.748.4032 direct
Recreation Department 970."'?Yj 0160 fax
Post Office Box 975 970.748.060 main
Avon, CO 81620 faber@avon.org
*What*
The Town of Avon SALUTES Independence Day with the State of Colorado's
largest fireworks display, a free concert, food/craft vendors and a kid's zone with
children's activities. The concert and activities begin at 5 PM with the half hour
Fireworks display blasting of at 9:45. The fireworks show is choreographed to a
musical score, which is broadcasted on local radio stations.
*Where*
For 18 years Avon, the heart of the valley, has hosted "Salute" in Nottingham
Park. With awesome 360-degree views of the surrounding mountains, this
spectacular site encompasses 45 acres, including a full size soccer field, picnic
areas, beach volleyball, trails, and Nottingham Lake. The fireworks are set off
from the western edge of Nottingham Lake, creating spectacular reflections and
forming a natural safety boundary for the public.
*Who*
Salute draws visitors from near and far. Each year over 20,000 people turn out
for the celebration. Free parking and shuttles are available. Groups of families
and friends come early in the day, set up a picnic spot and play on the field, visit
vendors, listen to the concert, and head to the kid's zone. As the sun sets,
people continue to fill the park and groups gather on the many neighboring
hillsides with their radios tuned in for the fireworks show.
*In 2004*
For 2004 we are planning a Vail-Valley-Wide weekend extravaganza. With
Historic Minturn fireworks and festivities on Friday, Vail fireworks and parade on
Sunday and the main attraction, Avon's huge display and concert on Saturday,
July 3rd. As this is right in the middle of a holiday weekend, we are expecting
bigger crowds than ever this summer.
Fraidy Aber
Special Events Director
P: 970*748*4032 F: 970*949*0160
faberCdavon.org www.avon.org
325 Benchmark Road. Avon, CO 81620
Avon's Salute to the USA
Saturday July 3, 2004
Rocket Presenting Sponsor
Sponsor Benefits:
* Event will be called: Avon's Salute to the USA brought to you by "presenting
sponsor".
* Name/Logo prominently placed on all advertising and posters.
* Name mentioned in all radio advertising.
* Name/Logo/Link on Town of Avon website and Name/Logo in all web
promotions and listings.
* Name/Logo displayed prominently on light-pole banners to be displayed for
one month prior to Salute in Town of Avon Roundabouts. (The Town of Avon's
traffic runs through five major roundabouts instead of traffic lights. These lead
to all Town of Avon streets and to the base of Beaver Creek Resort.).
* Prominent placement of company banner at entrance/exit to the event site.**
* Prominent placement of company banner on main concert stage.**
* Additional placement of 15 company banner's throughout event site.**
* Your company mentioned in on-site announcements.
* Product placement/display on site in Nottingham Park.
* 20 VIP Parking Passes.
* 20 passes to VIP viewing area.
**Banners are supplied by sponsor.
The presenting sponsorship is available for a 1 or 2-year commitment
$30,000/year for a single exclusive sponsor
$20,000/year for two unique sponsors at this level.
AV 0
u 0 L 0 R A D 0
Avon's Salute to the USA
Saturday July 3, 2004
Stars Sponsor
Sponsor Benefits:
* Name/Logo placed on all advertising and posters.
* Name mentioned in all radio advertising.
* Name/Logo/Link on Town of Avon website.
* Name/Logo displayed prominently on light-pole banners to be displayed for
one month prior to Salute in Town of Avon Roundab.outs. (The Town of Avon's
traffic runs through five major roundabouts instead of traffic lights. These lead
to all Town of Avon streets and to the base of Beaver Creek Resort.).
* Placement of company banner at entrance/exit to the event site.**
* Placement of company banner on main concert stage.**
* Additional placement of company banners (8) throughout event site*
* Your company mentioned PA announcements.
* Product placement/display on site in Nottingham Park.
*12 VIP Parking Passes.
* 12 passes to VIP viewing area.
* *Banners are supplied by sponsor.
This sponsorship is available for a 1 or 2-year commitment of
$10,000/year.
AVON
Avon's Salute to the USA
Saturday July 3, 2004
Stripes Sponsor
Sponsor Benefits:
* Name/Logo placed on all advertising and posters.
* Name mentioned in all radio advertising.
* Name/Logo/Link on Town of Avon website.
* Name/Logo displayed on light-pole banners to be displayed for one month
prior to Salute in Town of Avon Roundabouts. (The Town of Avon's traffic runs
through five major roundabouts instead of traffic lights. These lead to all Town
of Avon streets and to the base of Beaver Creek Resort.).
* Prominent placement of company banner at entrance/exit to the event site. **
* Prominent placement of company banner on main concert stage. **
* Additional placement of company banner (4) throughout event site. **
* Your company mentioned in PA announcements.
* Product placement/display on site in Nottingham Park.
* 6 VIP Parking Passes.
* 6 passes to VIP viewing area.
**Banners are supplied by sponsor.
This sponsorship is available for a 1 or 2-year commitment of
$6,000/year.
AVO N
C O L O R ?\ D 0
Avon's Salute to the USA
Saturday July 3, 2004
Sparklers Sponsor
Sponsor Benefits:
*Name/Logo placed on all advertising and posters.
* Name mentioned in radio advising.
* Name/Logo/Link on Town of Avon website.
* Placement of company banner (2) through event site. **
* Your company mentioned in on-site PA announcements.
* 2 VIP Parking Passes.
* 4 passes to VIP viewing area.
**Banners are supplied by sponsor.
This sponsorship is available for a 1 or 2-year commitment of
$1,000/ year.
0- N
C 0 L 0 R A D 0
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Fraidy Aber, Meryl Jacobs
Date: 1-17-03
Re: Great Race Pit Ston in Avon
Summary: The Great Race is America's oldest, longest running vintage automobile event.
The race changes its route each year. In 2004, it is slated to run from Florida to Monterrey,
California, from June 19 - July 3'd. On Monday, June 28th the Race will travel from
Breckenridge to Steamboat Springs, stopping for a pit stop in Avon.
The pit stop will run from about 11:30 - 1:30; cars are spaced out by about one minute. Each
car is required to stop at the Pit Stop for about a half-hour. There are 120 cars in the race and
there will be approximately 30 cars at the pit stop at any moment. The public is invited to
come out and meet the drivers and the vehicles. The route through town is still being worked
out - but there no road closures or traffic officers are needed.
The Town of Avon will be included in the Great Race's national marketing efforts. This
includes a promotional magazine describing the race, t-shirts with the map of the course, and a
link on the events website. The Town of Avon is encouraged to market and promote the Great
Race and to gather festivities around the vintage automobiles.
Background: The Great Race is in its 22„ d year. It has successfully stopped in Avon a
number of years ago. The Race only allows cars that are a minimum of 45 years old (1959)
and older to participate.
Financial Implications:
The Great Race requires a $1000 fee for Pit Stops. This fee includes ad space in their
promotional magazine. We believe that we can absorb this cost, even though it has not been
budgeted for, or solicit sponsors for this event.
G, GY&
Town Manger Comments: 12
r? Ave)"" C cc?n c?c? 1c/?-?- -tc
Attachments: ctet -AD U ?? V
Contract, Great Race promotional magazine from 2003. J-0-
THE GREAT RACE 2004
PIT STOP CITY HOST AGREEMENT
This agreement is between RALLY PARTNERS, INC., a Nevada Corporation (hereinafter
"RPI GREAT RACE"), and Town OF Avon (hereinafter "TOA") in regard to "TOA"
sponsoring a Pit Stop promotion of The Great Race 2004 (hereinafter "TGR'? and
related festivities in Avon, Colorado on June 28, 2004.
A. "RPI GREAT RACE" and ",TOA" Agree to the Following:
1. the name of the event is The Great Race 2004. The official start City is
Jacksonville, Florida, and the official finish city is Monterey, California. "TOA"
further agrees this wording and corresponding logos as provided and/or
approved by "RPI GREAT RACE" will be used by "TOA" in promoting and
advertising the event. "RPI GREAT RACE" reserves the right to incorporate the
name of a title sponsor into the event name. "TOA" agrees to use the revised
event name at the request of "RPI GREAT RACE".
2. any duplication of the event logo and the name of the event must be approved
by "RPI GREAT RACE" in writing prior to use.
3. this Agreement is not assignable by either of the parties hereto without the prior
written consent of the other party.
B. °TOA" AGREES TO:
1. provide a Pit Stop promotion for all "RPI GREAT RACE" staff and participants on
June 28, 2004. Number of''RPI GREAT RACE" attendees will not exceed 275.
"*RPI GREAT RACE" retains the right of final approval for the location and
activities of the promotion.
2. submit all media and promotional materials to "'RPI GREAT RACE" pertaining to
"TGR" for approval in writing prior to use.
3. local event sponsorship and signage will not include alcohol, tobacco and/or
sponsors which conflict with "TGR" sponsors. "TOA" will secure approval in
writing from "RPI GREAT RACE" for host event sponsorship and signage.
Pouring rights which are not advertised or recognized as a sponsor are allowed
and do not violate this provision.
4. secure approval of local sponsors in writing by "RPI GREAT RACE" prior to their
signing.
Pit Stop City Host Agreement
Avon, Colorado
Page 2 of 4
5. event venue must be approved by "RPI GREAT RACE."
6. pay "RPI GREAT RACE" a partnership fee of $1,000. The partnership fee will be
paid in two installments:
• First payment of $500 due February 15, 2004;
• Second payment of $500 due May 1, 2004.
7. obtain written approval from "RPI GREAT RACE" for all planned festivities which
relate to "TGR" and its participants. Said approval will not be withheld in an
unreasonable or untimely manner.
8. promote "TGR" as the major attraction of any and all scheduled festivities on
June 28, 2004.
9. provide the event venue, the equivalent of two city blocks on a secured, hard
surface area, preferably in one continuous area. eet
comMor the designates Nit Stop location an e
28, ?9 l'
N1A
10. "RPI GREAT RACE" will make available to "TOA" videotape and photographic
material for use in promotional and marketing tools by "TOA". "RPI GREAT
RACE" retains the right of approval of any materials containing "RPI GREAT
RACE" images. Said approval will not be withheld in an unreasonable or
untimely manner. "TOA" may use its own photographer for "TGR".
11. provide contact names, addresses, phone and e-mail and arrange meetings for
"RPI GREAT RACE" promotional solicitation of local media, which includes primary
newspapers, local radio stations, and television affiliates.
12. distribute "RPI GREAT RACE" supplied event posters at appropriate local
businesses and locations.
13. distribute media releases to local media and provide assistance in developing
media coverage using local interest angles. 70A" will perform this function at
the direction of "RPI GREAT RACE".
14. provide color separations for one-quarter-page 4-color ad in the 2004 edition of
The Great Race Souvenir Program no later than April 1, 2004. If separations are
not received by that date, "RPI GREAT RACE" will not guarantee publication of
"TOA's" ad.
15. provide refreshments (beverages and snacks) for a maximum of 275 "RPI GREAT
RACE" staff and event participants. All "RPI GREAT RACE" staff and event
participants are identified by event badges.
Pit Stop City Host Agreement
Avon, Colorado
Page 3 of 4
16. provide public address system for use by local announcers.
17. indemnify, hold harmless and defend "RPI GREAT RACE" and its or their
directors, officers, employees, agents, affiliates, principals, partners, members,
sponsors and shareholders from any and all losses, damages, claims, expenses,
and liabilities of any kind arising out of or resulting from any act, omission or
negligence of "TOA", its agents and employees, relating an event conducted in
whole or in part by "TOA" and not caused by the act, omission or negligence of
any person seeking indemnification from 70A" under the terms of this
paragraph.
C. IN CONSIDERATION FOR THE ABOVE,, 11RPI GREAT RACE" WILL:
1. organize and conduct The Great Race 2004 which will start in Jacksonville,
Florida on Saturday, June 19, 2004 and finish in Monterey, California on
Saturday, July 3, 2004.
2. conduct activities for the June 28, 2004 Pit Stop in Avon, Colorado.
3. identify Avon, Colorado as a Pit Stop in the "TGR" venue list and
www.greatrace.com website, and include Avon, Colorado in the 2004 "RPI
GREAT RACE" in-house publicity campaign.
4. provide VIP recognition and photo/speaking opportunities for up to 7 local
sponsors and officials during ceremonial medallion presentation in the Event
Venue prior to the arrival of the cars.
5. provide a static display of event vehicles accessible to the public in the event
venue on June 28, 2004.
6. identify Avon, Colorado as a Pit Stop location on 2004 Great Race printed
materials including but not limited to: selected event merchandise, national
press releases and media materials, the quarterly Greatracer newsletter, and
mentions from Great Race radio promotion partners.
7. allow "TOA" non-conflicting signage rights in the event venue; allow "TOA"
sampling and/or sales rights in the pit area. The space required for this must be
in addition to the required space of the event venue. "RPI GREAT RACE" will
conduct sales of Great Race Souvenir Programs and event merchandise in the
venue.
8. name 70A" and its major sponsors as an "additional insured" on a $5,000,000
event liability insurance policy carried by "RPI GREAT RACE". Additional insured
wording to be furnished to "RPI GREAT RACE" by May 1, 2004.
Pit Stop City Host Agreement
Avon, Colorado
Page 4 of 4
9. indemnify, hold harmless and defend "TOA" and its or their directors, officers,
employees, agents, affiliates, principals, partners, members, sponsors and
shareholders from any and all losses, damages, claims, expenses, and liabilities
of any kind arising out of or resulting from any act, omission or negligence of
"RPI GREAT RACE", its agents and employees, relating an event conducted in
whole or in part by "RPI GREAT RACE" and not caused by the act, omission or
negligence of any person seeking indemnification from "RPI GREAT RACE" under
the terms of this paragraph.
10. cooperate fully with "TOA" and use its best efforts in promoting and publicizing
the Pit Stop promotion and related festivities of "TGR" in Avon, Colorado.
11. provide one quarter-page 4-color ad in the 2004 edition of The Great Race
Souvenir Program. If color separations for the ad are not received by April 1,
2004, "RPI GREAT RACE" will not guarantee publication of "TOA's" ad.
12. Avon, Colorado will be eligible to compete for the Great American City Award, a
$2,500 monetary gift to the Avon, Colorado city library.
For City of Avon, Colorado:
Name
Date
Title
For RALLY PARTNERS, INC.:
Wayne Stanfield
Chief Operating Officer
Date
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JANUARY 27, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
1. Call to Order / Roll Call
2. Citizen Input
3. Ordinances
Public Hearing
a. Ordinance No. 04-01, Series of 2004, first reading, an Ordinance approving the Lot
61 planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado (Tambi Katieb/ Norm
Wood) - The Owner & Avon Staff present a new PUD plan that establishes a
reconfigured development site at 75 Benchmark Road, a dedication of right-of-way to
the Town, provisions for a Transportation Hub and development standards specifying
new densities & permitted uses.
4. Resolutions
a. Resolution No. 04-04, Series of 2004, A Resolution relating to the extension of the
Lot 61 Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado (Tambi Katieb/Norm
Wood) - Resolution addressing the potential lapsing of the development rights for
Lot 61, 75 Benchmark Road.
5. New Business
a. Appeal of Planning & Zoning Decision to deny fence application.
Legal: Lot 28, Block 3, Wildridge Subdivision
Zoning: Duplex - PUD
Address: 4491 Wildridge Road West
Applicant: Marjorie Marks
b. Geneva Crown Club (formerly known as L'Auberge & Chateau St. Claire), 3874 Hwy
6 & 24 (Ruth Borne) Request for building permit application extension
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the January 13, 2004 Regular Council Meeting Minutes
b. Agreement for Lease of Claims between Town of Avon, Grand Eagle Investment
Corporation (Grand Eagle) & Marvin B. Simon (John Dunn) - an agreement that
stipulates that Marvin Simon is deeding Tract J to Avon
c. Agreement between Colorado Association of Transit Agencies and Colorado Transit
Coalition (Bob Reed) - An agreement on behalf of the Colorado Transit Coalition for
the purpose of requesting Federal Transit Administration funding for capital
equipment & facilities
Town Clerk\Council\Agendas\2003\Avon Council Meeting. 04.01.27
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JANUARY 27, 2004 - 5:30 PM
AGENDA CONTINUED
11. Consent Agenda
d. Metcalf Basin Drainage Improvement (Nottingham Road to 1-70) (Norm Wood) -
Proposal from Inter-Mountain Engineering, Ltd. for Final Design & Construction
Document Preparation Services
e. Vail Daily Advertising Contract (Meryl Jacobs) - Recreation Center advertising
agreement to promote facility & activities sponsored by Town of Avon Recreation
f. Resolution No. 04-03, Series of 2004, A Resolution adopting an Investment Policy
(Scott Wright)
12. Adjournment
Town Clerk\Council\Agendas\200RAvon Council Meeting.04.01.27
Memo
To: Honorable Mayor and Town Council
From: Tambi Katieb - Community Developg? l
Norman Wood- Town Engineer
Date January 7, 2004
Re: First Reading of Ordinance No. 04-01 approving the Lot 61 PUD
Development Plan and Development Agreement (PUBLIC HEARING)
Summary:
IDG3 LLC, the Owner of Lot 61, Block 2, Benchmark at Beaver Creek Subdivision has
been working with staff over the last year on finalizing a new PUD Development Plan
for Lot 61 as part of an extension of the original PUD development rights. This new
PUD plan establishes a reconfigured development site, a dedication of right-of-way to
the Town (Benchmark Court), provisions for a Transportation Hub and development
standards specifying new densities and permitted uses.
At your last meeting on January 13, 2004, the Lot 61 PUD application was tabled in
order to resolve issues identified in your work session memo. In addition, we have
received two letters from the public identifying issues with this proposal. These letters
are attached as Exhibit "D" and Exhibit "E".
Though this is a first reading, timing requirements in the Town Code require that this
reading be a public hearing.
Council approved the original Lot 61 PUD in 1999 through Ordinance 99-16. In 2001,
the Town adopted a sub-area plan entitled the Town Center Implementation Plan,
which established specific goals of development for this critical part of Town as it
relates to long-term public improvements.
Both the Owner and the Town agreed that it was advantageous to extend the original
PUD development rights while a new development plan that conformed to the goals
and intent of the Town Center Implementation Plan was created. The current
development rights for the Lot 61 PUD will expire on February 3, 2004, and the
property will revert back to Town Center zoning.
The new PUD Development Plan and accompanying development agreement set
forth basic development objectives that Town staff and the applicant have concluded
as mutually beneficial. The proposed development standards reflect a thorough
analysis by the Town's financial consultant (Stan Bernstein and Associates), and set
both minimums and maximums of development consistent with these financial
projections.
On January 6, 2004 the Planning & Zoning Commission recommended approval of the
Lot 61 PUD Development Plan with conditions as set forth in Resolution 04-03.
This process has been a groundbreaking endeavor between the Owner and the Town
to create a development plan and agreement, which include both private and public
benefits.
The Owner is receiving a greatly enhanced development package and the Town is
receiving an expanded transportation center location and improved road and
circulation system. The PUD Development Plan is consistent with the goals of
vitalizing Town Center, enhancing the Town transportation system and physically
achieving a logical and desired connectivity to the Confluence site.
Recommendation:
Staff recommends approval of Ordinance 04-01 on first reading.
Town Manager Comments:
r-
c
Exhibits:
A. Staff Report to Planning & Zoning Commission (January 6, 2004 hearing)
B. Planning & Zoning Commission Resolution 04-03
C. Town Council Ordinance 04-01 approving the Lot 61 PUD Development Plan
and Development Agreement.
D. Letter from Mark Donaldson dated January 13, 2004
E. Letter from Johnson & Repucci LLP dated January 12, 2004
F. Letter from IDG 3 LLC dated January 22, 2004
Lot 61 PUD, Lot 61, Block 2, BMBC Subdivision
First Reading of Ordinance 04-02, January 27, 2004 (PUBLIC HEARING)
`-
Staff Report
PUD
VON
C O L O R A D O
January 6, 2004 Planning & Zoning Commission meeting
Report date December 28, 2003
Project type Lot 61 PUD
Legal description Lot 61, Block 2, Benchmark at Beaver Creek
Subdivision
Current zoning Planned Unit Development
Address 75 Benchmark Road
Introduction
The purpose of the Lot 61 PUD Development Plan (herein referred to as "Lot 61 PUD") is to
formalize the new building area, including development standards for Lot 61 and the
corresponding road alignments and transit center. The PUD for Lot 61 has been extended twice
to allow time to evaluate development opportunities for implementation of the Town Center Plan
between the Town and the developer. The current Lot 61 PUD is valid until February 3, 2004.
On December 16, 2003 this application was tabled to allow additional time for staff and
applicant to work through the development standards, development agreement and finalize the
plans. There are a few remaining issues regarding the development standards and the revised
application received on January 31, 2004.
The most significant elements contained in the new development plan benefiting the Town are as
follows:
• 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of
Avon.
• Transit center to accommodate five (5) buses at a time with a 300 sq.ft.
administrative/visitor center.
• Enhanced pedestrian and vehicular circulation.
• Implementation of significant master plan concepts of the Town Center Plan.
In exchange, Lot 61 is receiving the following:
• Timeshare as a use-by-right.
• Increased building height, setbacks, site coverage, and density.
The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer,
IDG3 LLC is as follows:
1978 Lot 61 zoned Town Center.
1991 Town Center zoning modified.
Town of Avon Community Development (970) 748-4030
Fax (970) 949-5749
Lot 61, Block 1, t3MBU subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 2 of 8
1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999)
which had a 3-year approval.
2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution
02-01).
2002 PUD extension for a 6-month time period was granted to explore planning and
development of the Town Center Plan on July 23, 2002 (Ordinance 02-17).
2003 In January, a PUD extension for one year was granted to allow the developer time
to pursue implementation of the Town Center Plan on January 28, 2003
(Ordinance 03-01).
2003 In July, Council authorized funds be allocated to begin initial studies for the new
property boundaries and road alignment.
Over the past few months, staff has met with the developer and its representatives, including the
Community Development Committee to arrive at a development plan that includes the
implementation of the Town Center Plan in accordance with the existing PUD approval. The
development Plan include-, a new transit renter thatay-r-0 odates up to five (5) buses,
preserving pedestrian connections with the Confluence, and a new 50'0" right of way for
Benchmark Road.
On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61
development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost
importance was the implication of timeshare as a use-by-right, including the imposition of a
recreational amenity fee to offset the impact of timeshare units. Council endorsed moving
forward with the process, including the refinement of the financial model to reflect the
contemplated land entitlements.
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 PUD now complies with the Town Center Plan and conforms to the following
goals and polices of the Town Comprehensive Plan:
Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in
more effective use of land
The planning process with staff and the developer for Lot 61 is a new
process for the Town and incorporates flexible zoning to benefit both
public and private sectors.
Policy A3.5 Since undeveloped land in the Town Center is scarce, it will be developed
at higher density, included vertically integrated mix of commercial and
residential uses, and rely primarily on underground and/or structured
parking
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 3 of 8
The underground parking structure for this project extends under the
Town right of way to allow for more parking and does not preclude the
opportunity for a private/public partnership for parking improvements and
includes a higher density mixed -use development.
Goal B 1 Enhance the Town's role as a principal, year-round residential community
and regional commercial center
This development plan will help vitalize Town Center with a more efficient
transit hub to encourage year-round use of mass transit and pedestrian
circulation for its citizens, which is further reinforced by the following
policy B1.2.
Policy B1.2 Commercial areas will be supported through creation and maintenance of
effective vehicle access and parking, transit services, all-season pedestrian
and non-motorized vehicle access, and consistent application of design
Goal B2 Establish the Town Center Area as an inviting, vibrant and safe-pedestrian
oriented cultural, retail and entertainment hub
The purpose of the Town Center Plan is to further enhance a vibrant hub
in Town Center, which has been implemented in the Lot 61 development
plan.
Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices,
hotels, recreation, tourism, and entertainment
The Lot 61 development plan will include a range of uses and special
review uses.
Policy B2_4 Encourage joint development of structured parking, pedestrian and
landscape improvements, and promotion of activities and events in the
Town Center
This is a joint development, which benefits both the developer and the
Town to help synergize Town Center.
Polio Promote effective transit and access with Beaver Creek and Arrowhead
Resorts, including gondola connections, trails, and pedestrian connections
The revised property lines and pedestrian connections will promote transit
and access to include potential opportunities for accessing the Confluence
site and gondola.
Policy E1_6 All new development and redevelopment should include or otherwise
provide for effective transit, pedestrian and bicycle facilities
This new development plan includes plans for effective transit, and
enhances pedestrian circulation.
Policy E2.1 Joint development of a structured parking facility in Town Center to
support private and public uses should be pursued to the extent possible
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
LA
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 4 of 8
The joint planning for Lot 61 includes structured parking on the Town
right-of-way and does not preclude the potential for a shared parking
facility. At a minimum, the Town and developer are moving forward in a
joint effort to support Town Center development.
Goal E3 Promote the development of an enhanced transit system for the Town
The revised transit plan accommodates more buses and will improve'the
effectiveness of mass transit in the Town
Policy E3.2 Maintain the existing regional and Town-wide bus system, and enhance as
necessary to provide services to the community as it grows
The new transit hub contained on the Lot 61 development plan
accommodates the existing service demands for the ECO bus system as
well as the Town-wide system.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The development plan for Lot 61 is limited in scope and defines building setback, density,
heights and new property boundaries. Previously, management indicated concerns that the
development standards provided too much flexibility to recommend the proposal to
constitute a site-specific development plan without complying with the financial model. As a
result, staff has refined the development standards to ensure the proposed uses are specific
enough to constitute a site-specific development plan consistent with the financial model.
In addition, design guidelines are set forth in the Town Center Plan, which must be fulfilled
as the project moves through the design review process. These additional considerations
include: active street frontages, suggested access points, required pedestrian walkways
(which have been provided for), and other site planning and architectural considerations.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The new property boundaries for Lot 61 include criteria established in the Town Center Plan,
such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for
stepping the building as it increases in height, clearances to accommodate a transit center
while maintaining effective pedestrian movement in exchange for increased height, new
development standards, and effective orientation on the site.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The new development standards for this mixed-use project combined with the new transit
center will enhance the vitality and efficiency of Town Center.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no known natural and/or geologic hazards on Lot 61 at this time. A Subdivision
Improvement Agreement may be required to ensure there are no unforeseen natural or
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 5 of 8
geologic hazards, specifically at it relates to infrastructure improvements such as water,
sewer, and/or drainage associated with this development.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The proposed development plan for Lot 61 is more responsive to improving the aesthetic
quality of Town Center. The Planning & Zoning Commission will further clarify the
building design through implementation of the Town Center design guidelines, and design
review.
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The Town Center Plan and the Town Transportation Plan have been considered and
implemented in this development plan and improves the circulation for pedestrians, mass
transit, and vehicular circUldLion.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Specific provisions for allowing the building to encroach onto Town right-of-way and in
other areas to step back from pedestrian ways have been carefully considered and
implemented with this development plan to optimize and preserve views and overall
function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
There is no phasing plan proposed by this PUD. There will be timing requirements set forth
in the development agreement to allow the developer and/or the Town time to exercise their
rights for construction.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
IDG3 LLC will be responsible for the acquisition of additional water rights and their
subsequent dedication to the Town if needed to amend the Town's Augmentation Plan.
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 new 50'0" road right-of-way alignment and transit center provisions improve the overall
adequacy, carrying capacity, and mobility patterns of Town Center.
12. Development Standards
The Development Standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking are being modified with this proposal and are
proposed as follows:
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
6
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 6 of 8
a. Uses by-right:
¦ Retail stores
¦ Specialty shops
¦ Restaurants, excluding drive-thru windows
¦ Cocktail lounges
¦ Personal service shops
¦ Timeshare, interval ownership, and fractional fee ownership above grade
with the condition that recreational amenity fees are paid - the terms and
conditions of which will be negotiated with the development agreement.
Staff recommends a minimum of 150-timeshare, interval ownership, or
fractional fees units with a minimum of 900 net sq. ft. each to comply with
the premise of the financial analysis. The applicant is seeking a minimum
of 125-units.
¦ Hotel/accommodation units on floors above grade. Staff is recommending
a minimum of 200 accommodation units and the applicant is seeking to
limit the minimum to 180 units.
¦ Condominiums on floors above grade. Staff is recommending a minimum
of 125 units @ 1,250 net sq.ft. to comply with the financial model and the
applicant is seeking a minimum of 90-condominium units 1,250 net sq.ft.
¦ Indoor recreation and/or entertainment facilities
¦ Theaters
¦ Public transportation facilities including 300 S.F. transit/administrative
office at grade, immediately adjacent to transit center. Staff is
recommending that these transportation facilities include public restroom
facilities.
¦ A minimum of 17,000 square feet of commercial/retail space. Staff is
recommending an additional requirement that this minimum not include
personal service shops to ensure tax revenues on the minimum
requirement on the commercial/retail space. The revised application
dated 12131103 does not comply with this recommendation.
b. Special Review Uses:
Conference/convention facilities
Above ground public utility installations
Professional offices on grade.
Public parking facilities
Medical Facilities
Financial Institutions
Additional uses to be determined similar to the allowed uses in accordance
with the same zone district. As this is a PUD with no specific uses, staff
would prefer to restrict the development standards to the enumerated uses.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 7 of 8
c. Development Standards
Lot Area 1.07 Acres
Projections such as columns, roofs, unenclosed floors and decks may
encroach into setbacks and/or right of ways with specific Town of
Avon design review approval
Building Height A height, as defined by The Town of Avon Title 17,
Chapter 17.08, Section 160, of 108.5'. This height
shall be to the top of roof structures over enclosed,
habitable space. Elevator penthouses, chimneys,
parapets and similar appurtenances shall be allowed
to exceed this datum
Maximum
Commercial /retail 40,000 sq.ft.
Condominium 330,000 sq.ft.
Timeshare/Interval 330,000 sq.ft.
Accommodation Units 375 units
Landscape/Hardscape Coverage: Shall be determined during the design
review process.
d. Parkins;: All parking shall comply with the Lot 61 PUD Development Agreement.
Staff has consistently requested the Avon Municipal Code parking standards be
implemented. The applicant is still seeking rebates and a reduction in parking
under the Development Agreement.
e. Provisions for stepping back the building as it increases in height on the Town
Center (north elevation). There are also encroachments authorizing the building
over the transit center (south elevation) and over the new Benchmark Road right-
of-way alignment enhancing the density and architectural interest for IDG3 LLC as
set forth in the Lot 61 PUD Development Plan.
Staff Comments & Recommendation
Although some outstanding issues remain with the revised application associated with the
development standards and corresponding development agreement for the Lot 61 PUD
Development, it is staff's position these are policy and legislative decisions, which rests with the
Avon Town Council. Therefore, staff recommends approval of Resolution 04-03 for the Lot 61
PUD Development Plan, subject to the following conditions:
The new Benchmark Road alignment (50'0" Benchmark Court Right-of Way) must
be conveyed by subdivision plat prior to approval of the Lot 61 PUD Development
Plan.
2. Development Standards shall be as follows:
• A minimum of 150-timeshare, interval ownership, and fractional fee
ownerships units @ 900 net sq.ft. above grade including a recreational
amenity fees.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
to
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
January 6, 2004 Planning & Zoning Commission meeting Page 8 of 8
• A minimum of 125 condominium units above grade @ 1,250 net sq.ft.
• A minimum of 200 hotel/accommodation units above grade
• Public transportation facilities including 300 S.F. transit/administrative
offices and public restroom facilities at grade, immediately adjacent to
transit center.
• A minimum of 17,000 square feet of commercial/retail space, which does
not include personal service shops.
• All parking shall comply with the Avon Municipal Code parking
standards.
3. A requirement that the developer will be responsible for the acquisition of additional
water rights and their subsequent dedication to the Town if necessary to amend the
Town's Augmentation Plan prior to issuance of a building permit.
4. Failufe to develop and obtain final design approval, including with the
Town Center design guidelines of the site-specific development plan by January 31,
2012 shall automatically terminate these development standards and conditions.
5. This PUD is contingent upon a valid Development Agreement between IDG3 LLC
and the Town of Avon being approved.
6. Except as otherwise modified by this 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.
Recommended Motion
"I hereby approve Resolution 04-03 recommend approval of the Lot 61 PUD Development Plan
subject to the conditions contained therein."
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,
uth O.?orne, Director
Community Development
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-03
SERIES OF 2004
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR LOT 61, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION, 'I OWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Applicant, IDG3 LLC has applied for approval of the Lot 61 PUD
Development Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby
recommends approval to the Town Council of the Town of Avon for the Lot 61 PUD
Development Plan dated January 2, 2003 with the following conditions:
1. The new Benchmark Road alignment (50'0" Benchmark Court Right-of Way) must be
conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plana
2. Development Standards shall be as follows:
• A minimum of 150-timeshare, interval ownership, and fractional fee ownerships
units @ 900 net sq.ft. above grade including a recreational amenity fees.
• A minimum of 125 condominium units above grade @ 1,250 net sq.ft.
• A minimum of 200 hotel/accommodation units above grade.
• Public transportation facilities including 300 S.F. trans 1t/administrative offices
and public restroom facilities at grade, immediately adjacent to transit center.
• A minimum of 17,000 square feet of commercial/retail space, which does not
include personal service shops.
I
• All parking shall comply with the Avon Municipal Code parking standards.
3. This PUD Amendment is contingent upon a valid Development Agreement between
IDG3 LLC and the Town of Avon being approved.
4. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights
and their subsequent dedication to the Town prior to issuance of a building permit to
amend the Town's Augmentation Plan.
Failure to develop and obtain final design approval, including compliance with the Town
Center design guidelines of the site-specific development plan by January 31, 2012 shall
automatically terminate these development standards and conditions.
6. Except as otherwise modified by this approval; all material representations made by the
applicant or applicant z upr usentativU(S) III Lhis application and in public nearing(s) shall
be adhered to and considered binding conditions of approval.
Adopted this 6th day of January, 2003
Signed:
Date:
Chris .Evans, Chairman
Attest:
jvA,?f Date:
Terry Smith,?-Secretary
TOWN OF AVON
ORDINANCE NO. 04-01
SERIES OF 2004
AN ORDINANCE APPROVING THE LOT 61 PLANNED
UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN
OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, the Owner, IDG3 LLC, has applied for approval of a Planned Unit
Development ("PUD") Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and
WHEREAS, the Town and the Owner have negotiated the terms and conditions of the
Development Agreement for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision
("Agreement"), which is attached hereto as Exhibit "A" and incorporated herein; 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 January 6, 2004, 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 Development Plan; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the Lot 61 PUD Development Plan 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 , 2004, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Development Plan; and
F:ACouncil\Ordinances\2004\Ord 04-01 L61 B2 BMBC PUD.doc
l
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:
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. That the Lot 61 PUD Development Plan is consistent with the recently adopted
Town Center Plan, the goals and objectives of the Town's Comprehensive Plan,
and is compatible with surrounding neighborhood and the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The Lot 61 PUD Development Plan and Development Agreement is hereby approved with the
following conditions:
1. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights
and their subsequent dedication to the Town, as required by Section 17.14. 100 of the
Avon Municipal Code, prior to issuance of a building permit to amend the Town's
Augmentation Plan.
2. The Lot 61 PUD Development Plan constitutes a site-specific development plan and is
required to complete subsequent design review approval, which consists of compliance
with the Town Center Design Guidelines and the Town of Avon Residential,
Commercial, and Industrial Design Review Guidelines.
3. Except as otherwise modified by this 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.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 2004, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the day of,
, 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
F:ACounci1\0rdinances\2004\0rd 04-01 L61 B2 BMBC PUD.doc
10
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2004.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
F:AComicil\Ordinances\2004\Ord 04-01 L61 B2 BMBC PUD.doc
Exhibit "A" To Lot 61 PUD Development Agreement
Lot 61, Block 2, Benchmark at Beaver Creek, according to the Final
Subdivision Plat - Amendment Number 4, recorded September 5, 1978, in
Book 274 at Page 701 as Reception No. 171107, County of Eagle, State of
Colorado.
\ -1)
Ordinance 04-01
Exhibit "A"
DEVELOPMENT AGREEMENT
FOR
LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as
of January , 2004 by and between IDG3, LLC, a Limited Liability Company, its
successors and/or assigns (hereinafter "Owner") and the Town of Avon, a municipal
corporation of the State of Colorado (the "Town").
RECITALS:
A. Owner is a limited liability company, duly organized and in good standing
under the laws of the State of Colorado.
B. Owner owns a parcel of real property generally referred to as "Lot 61" as
more particularly described in Exhibit A attached to this agreement ("Lot
61 ").
C. The Town and the Owner desire to develop Lot 61 as a mixed-use
development consistent with the Avon Town Center Implementation Plan
thereby creating new property lines for Lot 61, development standards, rights-
of-way and a transit center. This new parcel is referred to as the "Property".
D. The Property contains specific development standards attached and
incorporated herein as a site-specific development plan entitled "Lot 61 PUD
Development Plan" (Exhibit "B") and as set forth in Article III of this
Agreement.
E. The Town has authority to zone and govern development of the Property in
accordance with this Agreement, the Avon Comprehensive Plan, The Avon
Town Center Implementation Plan, The Avon Municipal Code, and the Lot 61
PUD (as defined herein), and other applicable Town requirements and polices.
F. In order to ensure orderly controlled development by establishing minimum
design standards, including streets and other forms of vehicular and pedestrian
access, drainage, water supply and sanitation improvements to support human
occupation, it is necessary to require subdivision consistent with Title 16,
Avon Municipal Code.
G. The Property includes specific design requirements as set forth by the Town
Center Implementation Plan, which is further defined and supported by the
Town of Avon Residential Commercial and Industrial Design Review
Guidelines.
1
d
H. The legislature of the State of Colorado adopted Sections 24-68-101, et seq. of
the Colorado Revised Statutes (the "Vested Property Rights Statute") to
provide for the establishment of vested property rights in order to ensure
reasonable certainty, stability and fairness in the land use planning process
and in order to stimulate economic growth, secure the reasonable investment
backed expectations of landowners, and foster cooperation between the public
and private sectors in the area of land use planning; said Vested Property
Rights Statute authorizes the Town to enter into development agreements with
landowners providing for vesting of property development rights.
I. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the
Municipal Code authorizes the Town to enter into development agreements
with landowners and other qualified applicants providing for the vesting of
property development rights.
J. Development of the Property in accordance with this Agreement will provide
for o rderly growth i n accordance w ith t he p olicy and goals se t f orth i n t he
Comprehensive Plan, the Avon Town Center Implementation Plan, ensure
reasonable certainty, stability and fairness in the land use planning process,
stimulate economic growth, secure the reasonable investment-backed
expectations of Owner, foster cooperation between the public and private
sectors in the area of land use planning, and otherwise achieve the goals and
purposes for which the Vested Property Rights Statute and Chapter 17.14 of
the Municipal Code were enacted. In exchange for these benefits and the other
benefits to the Town contemplated by this Agreement, together with the
public benefits served by the orderly development of the Property, Owner
desires to receive the assurance that it may proceed with development of the
Property pursuant to the terms and conditions contained in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises set forth above, the terms,
conditions and covenants set forth in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and
the Town agree as follows:
ARTICLE I
DEFINITIONS AND GENERAL PROVISIONS
1.0 Definitions. The following terms and references shall have the meaning set forth
below unless the context in which they are used clearly indicates otherwise:
1.1 Comprehensive Plan. The Avon Comprehensive Plan adopted by the
Planning and Zoning Commission of the Town on November 5, 1996, or any
subsequent duly adopted plans or amendments thereto.
2
,1.
1.2 Development Standards. As set forth in Exhibit "B" entitled "Lot 61 PUD
Development Plan" incorporated herein and further defined in Sections 3.2 of
this Agreement.
1.3 Effective Date. The effective date of the Town Council Ordinance approving
this Agreement and the recording of the relevant subdivisions referenced
herein with the Clerk and Recorder of Eagle County, Colorado.
1.4 Exhibits. The following are Exhibits to this Agreement, all of which are
incorporated by reference into and made a part of this Agreement:
Exhibit A Legal Description of Lot 61
Exhibit B Lot 61 PUD Development Plan, including Benchmark
Court Right of Way and Transportation Hub location
1.5 Lodging Tax. For purposes of this Agreement, Lodging Tax shall mean any
municipal lodging or accommodations tax imposed by the Town pursuant to
Ch. 3.28, Avon Municipal Code or any similar code provision enacted during
the T erm o f t his A greement u pon a ny s ales o r rental o f t odging w ithin t he
Property.
1.6 Municipal Code. The Town's Municipal Code, as in effect from time to time.
1.7 Parking Requirements. As defined in Title 17, Avon Municipal Code.
1.8 Propert y. The newly created Lot 61 more specifically described as the Lot 61
PUD Development Plan as set forth in Exhibit "B".
1.9 PUD. Planned unit development or PUD, as such terms are defined and used
in Section 17.20.110 of the Municipal Code.
1.10 Sanitation District. Eagle River Water and Sanitation District.
1.11 Subdivision. Means to make a disposition of land or airspace which is
defined as a subdivision, subdivided land, condominium subdivision, estate in
airspace, specially planned area and/or planned unit development subdivision,
minor subdivision, duplex subdivision or time-sharing subdivision consistent
with Title 16, Avon Municipal Code.
1.12 Time-share owner. Means a person vested with legal title to a timeshare
estate in accordance with Section 38-33-110, Colorado Revised Statutes
(2003).
3
1.13 Time-share unit. Means a unit the title to which is or is to be divided into
interval estates or time-span estates in accordance with Section 38-33-110,
Colorado Revised Statutes (2003).
1.14 Town. The Town of Avon, a municipal corporation of the State of
Colorado.
1.15 Town Council. The Town Council of the Town.
1.16 Lot 61. The real property described in Exhibit A attached hereto.
1.17 Vested Property Rights Statute. As defined in Recital H.
1.18 Zoning. The passing of land use ordinances and regulations authorized
by the Statutes of the State of Colorado and by Article XX of the Colorado
Constitution, and more specifically through the Avon Municipal Code, Title
17, intended to ensure that zoning promotes stated benefits to the citizens of
the Town.
1.19 Zoning Application. The zoning application for the parcel comprising the
Property submitted to the Town on 52004.
1.20 Avon Town Center Implementation Plan. The plan adopted by the Town
on November 6, 2001 regarding development in the area commonly known as
the Town Center.
ARTICLE II
COVENANTS; THIS AGREEMENT
2.1 Term. In recognition of the size of the development contemplated under this
Agreement, the substantial investment and time required to complete the
development of the Property, and the possible impact of economic cycles and
varying market conditions during the course of development, Owner and the Town
agree that the term of this Agreement and the vested property rights established
under this Agreement shall commence on the Effective Date and shall continue until
the 5th anniversary of the Effective Date. After the expiration of the Term, this
Agreement shall be deemed terminated and of no further force and effect, provided,
however that such termination shall not effect (a) any rights-of-way and uses of
property granted to the Town related to the transportation center, or (b) any right
arising from Town permits, approvals or other entitlements for the Property which
were granted or approved prior to the 5th anniversary of the Effective Date.
2.2 Amendment of Agreement. Except as otherwise set forth in this Agreement, this
Agreement may be amended or terminated only by mutual consent of the Town and
Owner in writing following the public notice, public hearing and revised ordinance
4
procedures required for approval of this Agreement stated in Section 17.20.110
(Planned Unit Development) et al of the Avon Municipal Code. For the purpose of
any amendment to this Agreement, "Owner" shall mean only the Owner as defined
herein and those parties, if any, to whom such signatories have specifically been
granted, in writing by Owner, the power to enter into such amendments.
2.3 Cooperation in Defending Legal Challenges. If any legal or equitable action or other
proceeding is commenced by a third party challenging the validity of any provision of
this Agreement or the Development Standards, Owner and the Town agree to
cooperate in defending such action or proceeding and to bear their own expenses in
connection therewith. Unless the Town and Owner otherwise agree, each party shall
select and pay its own legal counsel to represent it in connection with such action or
proceeding.
ARTICLE III
ZONING, VESTED RIGHTS AND EXACTIONS
3.1 PUD Zoning. The property shall be zoned as PUD as provided in this Agreement
and in the respective Development Standards. Complete zoning and site plans are
attached in Exhibit B, the Lot 61 PUD Development Plan.
3.2 Development Standards. The "Development Standards" set forth the zoning for the
Property, and indicate, among other things, setback distances, building height
limitations, site coverage levels, development densities, allowed uses (both
permitted uses by right and those permitted upon special review), parking
requirements and other guidelines and limitations for the development of the
Property and are specifically set forth in Exhibit "B".
K. Subsequent Final Plan Approval. Pursuant to this Agreement the Property is
now PUD Zoning pursuant to Section 3.4(a). This constitutes a Site-Specific
Development Plan for the purposes of establishing vested rights. Owner and
the Town shall, in a manner which is uniform of the Town and consistent with
the provisions of Section 2.1 and Section 3.4 (d) further refine the design of
the improvements and other details, all consistent with the Development
Standards and this Agreement collectively, "Subsequent Final Design Review
Plan Approval." The subsequent Final Design Review Plan Approval will
consist of compliance with the Town Center Implementation Plan, Town of
Avon Residential Commercial, and Industrial Design Review Guidelines, and
relevant portions of the Avon Municipal Code.
(a) Development Approval. Simultaneously with the granting of PUD
Zoning of the Property pursuant to Section 3.4 (a), the Town hereby
approves the Lot 61 PUD Development Plan (Exhibit "B").
5
?k
3.3 Vesting of Property Rights. Owner and Town agree that (a) this Agreement and the
Development Standards and the Lot 61 PUD Development Plan constitute an
approved "site-specific development plan" as defined in the Vested Property Rights
Statute and Section 17.14.100 of the Avon Municipal Code and subsequent
compliance with Section 17.12.020 of the Avon Municipal Code which the Town
acknowledges and (b) that Owner as the legal owner of the Property shall have
vested property rights to undertake and complete development and use of the
Property as provided in this agreement and the Development Standards. Pursuant to
Section 17.14.050 of the Municipal Code, approval of this Agreement and the
Development Standards constitutes a vested property right pursuant to Article 68 of
Title 24, C.R.S., as amended.
3.4 Property Rights Vested. The rights identified below shall constitute the vested
property rights under this Agreement:
(a) The right to develop plan and engage in land uses with the Property in the
manner and to the extent set forth in and pursuant to this Agreement, the
Development Standards and the Lot 61 PUD Development Plan.
(b) The right to develop, plan and engage in land uses with the Property in
accordance with the densities, physical development standards and other
physical parameters set forth in the Development Standards.
(c) The right to develop the Property in the order, at the rate, and at the time
as in arket conditions dictate, subject to the terms and conditions o f this
Agreement and the Development Standards.
(d) The right to develop and complete the development of the Property
(including, without limitation, the right to receive all properly applied for
and complete application approvals necessary for the development of the
Property) with conditions and standards determined pursuant to Section
3.2(b) which conform to the regulations and guidelines imposed by the
Town set forth in this Agreement and the Development Standards,
provided that such conditions, standards and dedications shall not directly
or indirectly have the effect of materially altering, impairing, preventing,
diminishing, delaying or otherwise materially adversely affecting any of
Owner's rights set forth in this Agreement or the Development Standards.
(e) The Town shall not initiate any zoning, land use or other legal or
administrative action that would directly or indirectly have the effect of
materially altering, impairing, preventing, diminishing, delaying or
6
-7,0
otherwise adversely affecting any of Owner's rights that do not apply to
other properties in the Town, as set forth in this Agreement or the
Development Standards.
3.5 Exactions. The following exactions are intended to provide adequate facilities,
pedestrian and vehicular access, and other related improvements for the public
benefit of the Town:
(a) Right-of-Way Dedication. The newly created right-of-way referred to as
"Benchmark Court" will be dedicated to the Town by the approved
Resubdivision Plat of Lot 61, Block 2, Benchmark at Beaver Creek
("Final Plat") in accordance with Title 16, Avon Municipal Code
contemporaneously with the approval of this Agreement and the Lot 61
PUD Development Plan.
(b) Drainage. On site drainage facilities for the Property shall be provided by
Owner to handle drainage resulting from the development of the Property.
(b) Building Setbacks and Encroachments. It is the intention of the Town to
provide for necessary at grade and above grade setbacks to allow for the
building and/or structure to encroach as depicted on plans shown in
Exhibit B.
These provisions for allowing the building and/or structure elements over
and on the Town property will be set forth in the Resubdivision of Tract G
and Re-subdivided Lot 61, Block 2, Benchmark at Beaver Creek
("Resubdivision") and must be approved contemporaneously with this
Agreement. The Resubdivision contains specific plat restrictions, which
require as-built drawings upon the construction of the Property or the
Resubdivision will be vacated subject to the terms and conditions of
Section 2.1.
(c) Transportation Hub. The Final Plat shall also include an easement for a
Transportation Hub, including necessary at grade and above grade
setbacks as depicted on Exhibit B.
In the event the Town elects to proceed with construction of the
Transportation Hub prior to the commencement of construction of the Lot
61 PUD Development Plan, then written notice must be provided to the
Owner prior to 180 days of commencement of construction.
The Town agrees to provide mechanical ventilation consistent with the
current building code at the time of building permit application for the
Transportation Hub as part of the construction of the Lot 61 PUD
7
Development Plan. Positive chase and ductwork for the Transportation
Hub will be provided by the Owner.
(d) Transit Administrative Office: A minimum of 400 square feet of floor area
on the ground level adjacent to the Town Transportation Hub for typical
administrative purposes including rough-in plumbing for public restroom
facilities associated with transportation must be dedicated upon
construction of the Transportation Hub by the Town and/or with design
review approval for Lot 61.
(e) Water Rights: The developer will be responsible for the acquisition of
additional water rights and their subsequent dedication to the Town if
necessary to amend the Town's Augmentation Plan based upon the
specific proposal applied for.
(g) Timeshare Amenities Fee: Commencing as of the effective date of this
Agreement, and continuing in perpetuity, the timeshare ownership
association formed to manage the timeshare ownership project located on
Lot 61 is obligated to collect from each timeshare owner and remit to the
Town a Timeshare Amenities Fee. The Owner is exempt from the
obligation for the timeshare amenities fee until the first-time sale of a
timeshare interval. The provisions for the obligation for each timeshare
owner to pay shall be a covenant running with the land and reflected
accordingly on the Resubdivision Plat and association covenants. Prior to
the formation of any timeshare ownership association, the Owner shall be
obligated to collect and remit any and all Timeshare Amenities Fee.
The number of units shall be calculated at the time of time-share
subdivision. The fee shall be paid to the Town semi-annually and will be
based upon the following schedule:
Number of Units Constructed Per Timeshare Week*
125 - 149 Timeshare Units $ 58.35
150 - 174 Timeshare Units $ 48.52
175 - over Timeshare Units $ 41.51
* Timeshare Week is defined as seven (7) consecutive days constituting a
maximum of fifty-two (52) intervals per calendar year.
The amount of the semi-annual payments will be calculated according to
the following formula:
Number of existing or newly deeded timeshare interests per semiannual
period (January- June, calculated as of June 1, and July-December
calculated as of December 1), multiplied by the appropriate fee based
8
2Z
upon the Deeded Timeshare Units schedule (or as adjusted by CPI-U, as
defined below), divided by 2.
The due dates for the semiannual payment are August 20 and February 20
for the previous semiannual calculation period.
On January 1, 2005, and on the first day of each year thereafter, the
amount of the fee shall be increased by the prior years average consumer
price index for All Urban Consumers for the Denver-Boulder-Greeley
metropolitan area as published semiannually and appearing in the January
and July issues of the CPI Detailed Report published by the Bureau of
Labor Statistics (the "CPI-U").
It shall be the duty of the timeshare association to keep and preserve such
records as are necessary to determine the amount of fees due hereunder.
Such records shall be preserved for a period of three years and shall be
open for inspection by representatives of the Town during regular business
hours. Prior to the formation of the timeshare association, the Owner shall
have the above-referenced obligation to keep and preserve such records.
If a remittance to the Town is delinquent, or the remittance is less than the
full amount due, the Town shall make a written determination of the
amount due and deliver or mail the same to the office of the condominium
timeshare association. The amount properly determined to be owing shall
be from the due date of the remittance at the rate of one and one-half
percent per month until paid. Prior to formation of the timeshare
association such written determination will be delivered to the Owner.
3.6 Timing on Development. In the event the Owner obtains a building permit and
complies with all other relevant rules and regulations governing development on the
Property consistent with the Lot 61 PUD Development Plan, then the Owner must
provide written notice 1S0-days prior to commencement of construction to the Town
of the development schedule.
There is no phasing proposed or contemplated for the development of this Property.
The Owner and the Town agree to cooperate in construction staging and
development to allow for orderly and safe construction of the Property.
3.7 No Obligation to Develop. Owner shall have no obligation to develop the Property
and shall have no liability to the Town for its failure to develop the Property. The
Town shall have no obligation to permit the Owner to construct under the dedicated
road right-of-way or transportation center after 5 years from the Effective Date of
the Agreement, and shall have no liability to the Owner or any other party for its
failure to develop all or any part of the Property. In the event an amended
9
Resubdivision for Tract G and Lot 61 based upon as-built drawings is not recorded,
then the Resubdivision will be vacated subject to the terms and conditions of Section
2.1.
3.7 Compliance with General Regulation. Except as otherwise provided in this
Agreement or the Development Standards, the establishment of vested property
rights under this Agreement shall not preclude the application, on a uniform and
non-discriminatory basis, of Town regulations of general applicability (including,
but not limited to design review, building, fire, plumbing, electrical and mechanical
codes, the Municipal Code, and other Town rules and regulations) or the application
of s tate o r f ederal regulations, a s a 11 o f s uch r egulations e xist o n t he d ate o f t his
Agreement or may be enacted or amended after the date of this Agreement, provided
that such newly enacted or amended Town regulation shall not directly or indirectly
have the effect of materially altering, impairing, preventing, diminishing, delaying
or otherwise adversely affecting any of Owner's rights set forth in this Agreement or
the Development Standards. Owner does not waive its rights to oppose the
enactment or amendment of any such regulations inconsistent with other properties
in Town.
ARTICLE IV
DEFAULTS, REMEDIES, AND TERMINATION
4.0 Default by Town. A "breach" or "default" by the Town under this Agreement shall
be defined as: (a) any zoning, land use or other action or inaction, direct, indirect or
pursuant to an initiated measure, taken without Owner's consent, that materially
alters, impairs, prevents, diminishes, delays or otherwise materially and adversely
affects any development, use or other rights of Owner under this Agreement or the
Development Standards or PUDs; or (b) the Town's failure to fulfill or perform any
material obligation of the Town contained in this Agreement.
4.1 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's
failure to fulfill or perform any material obligation of Owner contained in this
Agreement.
4.2 Notices of Default. In the event of a default by either party under this Agreement,
the non-defaulting party shall deliver written notice to the defaulting party of such
default, at the address specified in Section 5.7, and the defaulting party shall have
thirty (30) days from and after receipt of such notice to cure such default. If such
default is not of a type which can be cured within such thirty (30) day period and
the defaulting party gives written notice to the non-defaulting party within such
thirty (30) day period that it is actively and diligently pursuing such cure, the
defaulting party shall have a reasonable period of time given the nature of the
default following the end of such thirty (30) day period to cure such default,
provided that such defaulting party is at all times within such additional time period
actively and diligently pursuing such cure.
10
lt.4
4.3 Remedies.
(a) If any default under this Agreement is not cured as described above, the
non-defaulting party shall have the right to enforce the defaulting party's
obligation hereunder by an action for any equitable remedy, including
injunction and/or specific performance, and/or an action to recover
damages. Each remedy provided for in this Agreement is cumulative and
is in addition to every other remedy provided for in this Agreement or
otherwise existing at law, in equity or by stature.
(b) In the event of default by the Owner, notwithstanding other available
remedies s et forth h erein, t he T own i s u rider n o o bligation t o i ssue a ny
land use approvals, including but not limited to design review and building
permits for the Property.
(b) The Town acknowledges that since this Agreement and the Development
Standards constitute a development agreement which confers rights
beyond those provided by the three (3) year statutory vesting approach
described in the Vested Property Rights Statute, in the event of a breach or
default by the Town, in addition to any of the foregoing remedies, Owner
shall be entitled to:
(i) recover from the Town any damages that should have been
specifically available to Owner as contemplated in
Colorado Revised Statutes Section 24-68-105(l)(c) as in
effect on the Effective Date, plus any other and additional
damages provable at law.
ARTICLE V
MISCELLANEOUS
5.0 Applicable Law. Agreement shall be constructed and enforced in accordance with
the laws of the State of Colorado and the relevant portions of the Avon Municipal
Code..
5.1 No Joint Venture or Partnership. No form of joint venture or partnership exists
between the Town and Owner, and nothing contained in this Agreement shall be
constructed as making Town and Owner joint venturers or partners.
5.2 Expenses. Except as otherwise provided in a separate written agreement, Owner
and the Town shall each bear their respective costs and expenses associated with
implementing and enforcing the terms of this Agreement.
II
Z?
5.3 Waiver. No waiver of one or more of the terms of this Agreement shall constitute a
waiver of other terms. Nor waiver of any provision of this Agreement in any
instance shall constitute a waiver of such provision in other instances.
5.4 Town Findings. The Town hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general welfare,
and the provisions of this Agreement, the PUD, Development Standards, and
vesting agreements contained herein are consistent with the Avon Comprehensive
Plan, A von M unicipal Code, T own C enter P Ian, a nd o ther a pplicable r egulations
and policies of the Town.
5.5 Severability. If a ny t erm, p rovision, c ovenant or c ondition o f t his A greement i s
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and effect so
long as enforcement of the remaining provisions would not be inequitable to the
party against whom they are being enforced under the facts and circumstances then
pertaining.
5.6 Further Assurances. Each party shall execute and deliver to the other all such other
further instructions and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete
enjoyment of its rights and privileges under this Agreement.
5.7 Notices. Any notice or communication required under this Agreement between the
Town and Owner must be in writing, and may be given either personally or by
registered or certified mail, return receipt requested. If given by registered or
certified mail, the same shall be deemed to have been given and received on the
first to occur of (i) actual receipt by any of the addresses designated below as the
party to whom notices are to be sent, or (ii) five days a registered or certified letter
containing such notice, properly addressed, with postage prepaid, is deposited in the
United States mail, if personally delivered, a notice shall be deemed to have been
given when delivered to the party to whom it is addressed. Any party hereto may at
any time, by giving written notice to the other party hereto as provided in this
Section designate additional persons to whom notices or communications shall be
given, and designate any other address in substitution of the address to which such
notice or communication shall be given. Such notices or communications shall be
given to that parties at their addresses set forth below:
If to Town: Town of Avon Attn: Town Manager
P.O. Box 975
Avon, Colorado 81620
If to Owner: IDG 3 LLC
c/o C. Philip Smiley
12
2?z
P.O. Box 5000
Avon, CO 81620
5.8 Assignments. This Agreement shall be binding upon and except as otherwise
provided in this Agreement, shall inure to the benefit of the successors in interest or
the legal representatives of the parties hereto. Except as specifically set forth herein,
Owner shall have the right to assign, delegate or transfer all or any portion of it
interests, rights or obligations under this Agreement to third parties acquiring an
interest or estate in the Property, including, but not limited to, purchasers or long
term ground lessees of individual lots, parcels, or of any improvements now or
hereafter located within the Property. Provided that the Town's approval of the
assignee or transferee is first obtained, an assumption or transfers providing for
express assumption of any of Owner's obligations under this Agreement by its
assignee or transferee shall be relieved of any further obligations under this
Agreement with respect to the matter so assumed. The Town's obligations
hereunder may not be assigned or delegated without Owner's written consent, and
any attempted assignment or delegation by the Town not in compliance herewith
shall be null and void. The Town's approval of any such assignee or transferee shall
not be unreasonably withheld or delayed.
5.10 Counterparts. This Agreement shall be executed in multiple counterparts, each of
which shall be deemed to be an original and all of which taken together shall
constitute one and the same agreement.
5.11 Amendments and Waivers. No amendment or waiver of any provision of this
Agreement, nor consent to any departure here from, shall in any event be elective
unless the same shall be in writing and signed by the parties hereto, and then such
waiver or consent shall be effective only in the specific instance and for the specific
purpose for which given.
IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the
date first written above.
TOWN:
TOWN OF AVON, a municipal corporation
of the State of Colorado
BY:
Mayor
ATTEST
13
Town Clerk
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed before me this
municipal corporation of the State of Colorado.
My Commission Expires:
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed before me this
corporation of the State of Colorado.
My Commission Expires:
ATTEST
day of , 2004, by
as Mayor of Town of Avon, a
Notary Public
day of , 2004, by
as Town Clerk of Avon, a municipal
Notary Public
OWNER:
By:
14
?a
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed before me this
day of , 2004, by
My Commission Expires:
STATE OF COLORADO )
COUNTY OF EALGE ) SS
TOWN OF AVON )
as
Notary Public
15
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT
ON
THE DAY OF , AT THE MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.
F:ACounciMgreements\L61 B2 BMBC DevAgrmntv.2.doc
16
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LOT 61 P.U.D.
? LOT a
THE SEASONS AT
LOT 63/64
AVON THE AVON MALL
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Lot 61 PUD Development Plan At Grade
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DEVELOPMENT STANDARDS
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61
Block 2
Benchmark at
Beaver Creek
Amendment 4
Avon, Colorado
SITE PLAN AT GRADE
DEVELOPMENT STANDARDS
0 a..'yt boa A. a./a. tt...w
MICHAEL
HAZARD
ASSOCIATES
P.O. Box 1068
Van, Co
8165E
970.949.495E
Fox 970.949.483E
mhe0vail.rot
Lot 61 P.U.D.
Development
Plan
Date Issue
12/10/03 Planing t Zonirq
12/23/03 Planing t Zonirq
12/30/03 Planing t Zonlrq
1/2/04 Planing t Zonirq
1114104 Council
Exhibit S to 0rdirlcua 04-01
Sheet Number
of 3 Sheets
DEVELOPMENT PLAN
LOT 61 P.U.D.
- \ LOT 8
THE SEASONS AT AVON
LOT 63/64
/ AVON TOWN SQUARE
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DEVELOPMENT PLAN
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Lot 61 PUD Development Plan Below Grade
SCALE: I' = 20'-0'
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MAX N6xaR
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SITE SECTION
4 No Scale
LOT
61
Block 2
Benchmark of
Beaver Creek
Amendment 4
Avon, Colorado
SITE PINT 59LON GRADE
SITE SECTIONS
0 -.nW ooa N w*. ....r
MICHAEL
HAZARD
ASSOCIATES
P.O. Hoc 1066
Voil, CA
51658
970.949.4958
Fax 970.949.4838
mhalaail.rwt
Lot 61 P.U.D.
Development
Plan
Date Issue
12/10/03 PlamWq ! Zon'rp
12/23/03 Planing ! Zaninq
12/90/03 Planinq t ZonvV
1/2/04 Planing t Zoninq
1/14/04 Coumil
Exhibit B to Ordicxr" 04-01
Sheet Number
2
of 3 Sheets
e SITE SECTION
No Scale
Lot 61 P.U.D. Development Plan
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Amendment 4
Avon, Colorado
SITE PLM ABOVE GRAM
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MICHAEL
HAZARD
ASSOCIATES
® SITE SECTION
e N. Scnk
P.O. Box 1069
Val, co
91659
970.949.4959
Fox 970.949.4939
mha*voil.rwt
Lot 61 P.U.D.
Development
Plan
Date Issue
12/10/03 Planing ! Zoning
12/23/03 Planing 4 Zoning
12/30/03 Planing ! Zoning
1/2/04 Planing t Zon"
1/14/04 Council
AVON TOWN SQUARE
(T? Lot 61 PUD Development Plan Above Grade
SCALE: 1' • 20-0'
I
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Exhibit B t6 Crdinxncs 04-01
Sheet Number
3
of 5 Sheets
SITE SECTION
a No scae
Jan-13-04 11:57am From-VICTOR DARK DONALDSON _
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9709495205 T-588 P.01/03 F-331
N 004E E BEAVER CREEK BLVI
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0= 5301
AVON, CO 8162
970. 949.520(
vmda@vmda.coir
FAX • 949.5205
LETTER. OF TRANSMITTAL
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? FOR. YOUR APPROVAL 0 REVIEWED By vmDA 9AS REQUESTED
? FOR YOUR USE ? FURNISH AS CORRIECTED ? REJECTED
? REVISE AND SUBMIT ? COPIES ? FOR REVIEW AND COMMENT
? PRINTS RETURNED AFTER LOAN TO US
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Jan-13-04 11:57am From-VICTOR MARK DONALDSON 9709495205 T-588 P.02/03 F-331
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Johnson & Repucci LLP
Attorneys and Counselors at Law
RECEIVED
JAN 12 2004
r. U1/ 11
2521 Broadway
Suite A
Boulder, Colorado 80304
(303) 442-1900
Fax: (303) 442-0191
FACSIMILE COVER SHEET Community DevelapmP-nt BoU1.DFlt
FACSIMILE NUMBER: (303) 442-0191 WINTEP, PAM
DATE: January 12, 2004 FROM: Michael 1. Repucei
TIME:
CLIENT NO.:
To: Name
Town Council Company/Firm
Town of Avon Facsimile No.
(970) 949-9139
George Pakozdi (905 522-0100
Pete Lan dorf 303) 796-9176
Ski Domse;if (970 949-7757
Keith Elliott 314) 962-9255
MESSAGE: Please see the attached letter dated January 12, 2004 regarding Lot 61.
PUD Development Plan Amendment.
NUMBER OF PAGES FOLLOWING THIS CO'V'ER SHEET: 10
IF YOU NEED A CONFIRMATION OR ANY OF THE PAGES RE-SENT,
PLEASE CALL OUR OFFICE AT THE FOLLOWING NUMBER: (303) 442-1900
IF YOU DO NOT CALL WITHIN 15 MINUTES, WE WILL ASSUME YOU HAVE RECEIVED THE
PAGES SATISFACTORILY. SENT BY: Tami
OUR FACSIMILE NUMBER: (303) 442-0191
CONFIDENTIALITY NOTE: The information contained in this facsimile transmittal sheet and
document(s) that follow are for the exclusive use of the addressee and may contain confidential, privileged
and nondisclosable information. If the recipient of this facsimile is not the addressee, or a person
responsible for delivering this facsimile to the addressee, such recipient is strictly prohibited from reading,
photocopying, distributing or otherwise using this facsimile transmission, or its contents, in any way. If the
recipient has received this facsimile transmission in error, please call us immediately and return the
facsimile transmission to us via the United States Postal Service. Thank you.
Y,
Unlr 1L LVV't 11Vl1 vL-LV 111 vu11 ""i
JOHNSON &; REPUCCI LL?
Al-rOR:KEYS AND COUNSELORS AT LAW
2,521 BROADWAY. SUITF. A
BO(ILDER, COLORADO 80304
TELRPh10NE 303-442-1900
TELEM 303-4,42-0191
Michael J. Repucci wwrwj Tiewcura
mirrpueci (&J-rlaw.com
January 12, 2004
By Facsimile and Federal Express
Town Council
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
Re: Lot 61 PUD Development Plan Amendment (the "Lot 61.PUD
Amendment')
Dear Town Council Members:
BOULIJER
WINTRR PARK
This firm represents Avon Center at Beaver Creek - I Homeowners Association,
Inc. (the "Association"), whose individual members are all of the owners of the
residential and commercial condominium units located in the Avon Center (the
"Condominiums"). The Condominiums are located in the Avon Town Center area
adjacent to the Avon Mall, and opposite Lot 61. Consequently, the Association has a
strong interest in ensuring that the future development of Lot 61 will result in a positive
addition to the Avon Town Center area.
For the reasons more particularly described in this letter, the Association is
opposed to the proposed Lot 61 PUD Amendment currently being considered by the
Town Council. The Association appreciates the importance of transforming the Avon
Town Center into a coordinated mixed-use commercial, restaurant, civic and
entertainment district, and looks forward to welcoming new neighbors. However, the
proposed Lot 61 PUD Amendment is incompatible both with the existing development of
the Avon Town Center, and with the general design philosophy for the Avon Town
Center as contemplated by the Avon Town Center implementation Plan (the
"Implementation Plan") and the Town of Avon Residential, Commercial, and Industrial
Design Review Guidelines (the "Design Review Guidelines").
The Association has carefully reviewed the Town of Avon Staff Reports
regarding the proposed :Lot 61 PUD Amendment prepared for the December 16, 2003 and
January 6, 2004 Planning and Zoning Commission meetings and the relevant provisions
of the Zoning Code of the Town of Avon (the "Zoning Code"), the Implementation Plan
and the Design Review Guidelines. For convenience, we have organized the
Association's corrunents concerning the Lot 61 PUD Amendment to correspond to the
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Town of Avon Town Council
January 12, 2004
Page. 2
Design Criteria of Section 17.20.110(H) of the Zoning Code and the referenced Staff
Reports, as follows:
1. Conformity with the Avon Comprehensive Plan goals and objectives.
The Association has reviewed the careful analysis of the goals and policies of
the Avon Comprehensive Plan employed by the Planning and Zoning
Commission, and the Association agrees that certain aspects of the
development proposed by the applicant's Lot 61, PUD Amendment fulfill the
goals and policies described in the January 6, 2004 Staff Report. However,
various goals and policies of equal importance to the Town are not satisfied
by the current proposal.
Goal Al Ensure a balanced system of land uses that maintains and
enhances Avon's identity as a residential community, and as
a regional commercial, tourism and entertainment center.
Policy A 1.1 Development and redevelopment will be of a scale and intensity
appropriate for the neighborhood in which it is located.
The scale and intensity of the new development contemplated by
the Lot 61 PUD Amendment is inappropriate for the Avon Town
Center. The scale and intensity of the proposed development
recommended for approval by the Planning and Zoning
Commission far exceed those that currently characterize the
Avon Town Center neighborhood or that are contemplated by the
Town's Comprehensive Plan, Implementation Plan and Design
Review Guidelines.
bv°" ?'-S Its
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Policy A1.3 Flexible zoning such as Planned Unit Developments (P. U.D.)
should be encouraged where it results in more effective use of the
land. However, such flexible zoning will only be allowed where
it provides a benefit to the community and is compatible with
surrounding development. Variations from standard zoning must
be clearly demonstrated, and will be permitted only as needed to
achieve effective development.
The Association concurs with the Planning and Zoning
Commission's assessment that the development of Lot 61 can
and should benefit from flexible zoning entitlements. However,
as more particularly discussed below, the Lot 61 PUD
Amendment is not compatible with the surrounding development
?0
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Town of Avon Town Council
January 12, 2004
Page 3
of the Avon Town Center. The Lot 61 PUD Amendment must
be significantly revised before it will achieve the Town's goal of
effective development.
Goal B2 Establish the Town Center Area as an inviting, vibrant and
safe pedestrian-oriented cultural, retail and, entertainment
hub.
Policy B2.4 Encourage joint development of structured' parking, pedestrian
and landscape improvements, and promotion of activities and
events in the Town Center.
Although the Lot 61 PUD Amendment includes structured
parking, the amount of required parking is yet to be determined.
The January 6, 2004 Staff Report indicates that the Lot 61
developer continues to seek reductions to the parking
requirements specified in the Zoning Code. It is imperative the
Town Council ensure sufficient parking exists to satisfy the
additional parking impact caused by any Lot 61 development
plan that is finally approved by the Town.
The December 16, 2003 Staff Report indicates that the maximum
landseape/hardscape coverage contemplated by the proposed Lot
61 PUD Amendment is ten percent (10%). This matter is not
further addressed in the January 6, 2004 Staff Report. Other than
the ten foot (10) sidewalk planned as part of the Lot 61 PUD
Amendment, this coverage ratio leaves little room for pedestrian
and landscape improvements encouraged by the Town's existing
Town Center Area goals and policies.
Each of the foregoing goals and policies can and should be addressed by the
applicant in its proposed Lot 61 PUD Amendment. Since the current
application does not further the Town's stated goals and policies, the proposed
Lot 61 PUD Amendment should either be denied or significantly revised to
incorporate the Town's goals and policies prior to its approval.
2. Conformity and compliance with the overall design theme of the Town, the
sub area design recommendations and the design guidelines adopted by the
Town.
The Implementation Plan identifies Lot 61 as a "key parcel" and provides
various design objectives for the development of Lot 61 and the Avon Town
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Town of Avon Town Council
January 12, 2004
Page 4
Square as a single unified parcel, including maximizing the view corridor
through the development parcel. As shown on the conceptual drawing of Lot
61 and the Avon Town Square, the Implementation Plan Conte plates
multiple buildings on Lot 61, allowing for a view corridor to th mountains
and a pedestrian connection from the center of Lot 61 to the Av n Town
Square Parcel. In contrast, the proposed Lot 61 PUD Amendm t
contemplates development of only one building on the site wi little or no
setbacks from adjacent property and rights-of-way. Furthermo , the
proposed Lot 61 PUD Amendment contemplates that multiple building
projections, such as columns, roofs, unenclosed floors and decks, be permitted
to encroach into setbacks and/or rights-of-way. Contrary to the design intent
expressed in the Implementation Plan, the view corridor through Lot 61 will
be entirely eliminated, and pedestrian traffic impeded, if the proposed Lot 61
PUD Amendment is approved in its current form.
As part of the Design Philosophy of the Town, the Design Review Guidelines
provide:
The Town should continue to be perceived as a contemporary mountain
town, complementary to the natural landscape and unbuilt environs. The
Town should appear as a cohesive unit comprised of simple building
forms, subdued colors, and predominantly pitched. roofs .... Form, scale,
proportion, and materials should support the natural environs and reinforce
those characteristics that uniquely identify a neighborhood's built environ
as it relates to the Town.
To that end, Section 5A of the Design Review Guidelines recommends: "The
site and its relationship to other structures, scenic values, views, and climatic
orientation should be the dominant factors in the design and sighting of
buildings." To satisfy this objective, Section 5A requires that "(site layout
and proposed improvements shall consider the use of passive and active solar
use, and the retention of neighboring properties `view corridors'."
The proposed Lot 61 PUD Amendment fails to comply with any of the
referenced recommendations and requirements of the Design Review
Guidelines. Specifically, the height and bulk of the proposed building are not
characteristic of a contemporary mountain town and do not complement the
natural landscape and environment. In addition, the proposed building will
stand out conspicuously from existing structures rather than become part of a
cohesive unit of development in the Avon Town Center. Finally, the proposed
Lot 61 development plan seemingly ignores the unambiguous direction
expressed in the Design Review Guidelines that the use of passive and active
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Town of Avon Town Council
January 12, 2004
Page 5
solar use and the retention of view corridors must be carefully considered in
connection with any development in the Avon Town Center Area. To the
contrary, the proposed Lot 61 development will engulf the Avon Mall and the
planned Main Street in deep shadow for much of each day, making this area
dark, windy, cold and wholly uninviting to pedestrian use. Moreover, as
described above, neighboring properties will lose their existing view corridors
through Lot 61.
3. Design compatibility with the immediate environment neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones character, and orientation.
The Association recognizes that the proposed Lot 61 PUD Amendment
includes design considerations such as ten foot (10') minimum sidewalks,
stepping of the building and clearance for a transit center. However, the scale,
bulk, building height, buffer zones and character of the proposed building are
still drastically incompatible with the immediate environment, the Lot 61
neighborhood and adjacent properties. The height and bulk of the proposed
development are considerably greater than any other structures in the Avon
Town Center, and buffer zones are extremely small and therefore ineffective.
4. Uses activity, and density which provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
The Association supports development on Lot 61 that enhances the vitality
and efficiency of the Avon Town Center. However, this can be accomplished
without the density proposed by the Lot 61 PUD Amendment. The density
proposed by the Lot 61 PUD Amendment is incompatible with surrounding
uses.
When the Condominiums were built, the owners understood that the
Condominiums would be the tallest building in the Avon Town Center based
upon the then-current plan for the Avon Town Center. In reliance on that fact,
the Association has entered into a mmnber of long-term rooftop leases for
communications systems. If development of Lot 61 in accordance with the
proposed Lot 61 PUD Amendment interferes with communication
transmissions from the Condominiums, resulting in lost revenue to the
Association, the Association will have no alternative than to hold the Town
and the Lot 61 developer responsible.
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Town of Avon Town Council
January 12, 2004
Page 6
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
The Association concurs with the Planning and Zoning Commission's
recommendation that a Subdivision Improvements Agreement be required to
ensure no unforeseen natural or geologic hazards impact the Lot 61
development or adjacent properties.
6. Site plan, building design and location and open Mace provisions designed to
produce a functional development responsive and sensitive to natural features
vegetation and overall aesthetic quality of the community.
The Association understands that the building design will be further clarified
14 during the design review process. Nevertheless, as described above, the
features of the development contemplated by the proposed Lot 61 PUD
Amendment are not responsive and sensitive to the natural features and
overall aesthetic quality of the community.
Section 5B of the Design Review Guidelines identifies solar access as primary
importance within the Town core. Specifically, the Design Review
Guidelines recognize the importance of solar access studies showing the effect
on adjacent buildings and outdoor spaces. The Association is concerned that
the height of the proposed building will shade the Avon Mall and future Main
Street, producing a cold, dark, windy and inhospitable pedestrian corridor.
Therefore, the Association urges the Town Council to require the developer to
provide solar studies prior to approving any amendment of the existing Lot 61
PUD Amendment to ensure that solar exposure is maximized in the Town
Center Area_
7. A circulation system designed for both vehicles and pedestrians addressing
on- and off-site traffic circulation that is compatible with the Town
transportation plan.
The Association has serious concerns about the revised traffic circulation
design contemplated by the Implementation Plan. The Town's outdated diesel
buses traveling on the new Main Street will pass within ten (10) yards of the
Condominiums, emitting nauseating, noxious exhaust fumes that will
permeate the Condominiums, creating an unsafe and unhealthy living
environment. Moreover, the proximity of the bus traffic to the Condominiums
will greatly increase traffic noise audible within the Condominiums. Since the
Condominiums do not have central air conditioning, owners are required to
open their windows during the warm weather months, thereby further
r. U1/11
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Town of Avon Town Council
January 12, 2004
Page 7
exacerbating these nuisances. The Association supports and encourages mass
transit throughout the Avon Town Center; however, the Association
vehemently opposes any increased bus traffic in this area until the Town
retires its current fleet of buses and replaces them with clean fuel vehicles.
Until that time, the Association will hold the Town responsible for any loss of
property value attributable to the exhaust fumes emitted by the buses.
8. Functional and aesthetic landscaping and open mace in order to optimize and
preserve natural features recreation views and function.
Despite staff's efforts to carefully consider and implement provisions to
optimize and preserve views and overall function of the Lot 61 PUD
Amendment, the proposed Lot 61 PUD Amendment clearly fails to do so for
the reasons more particularly described above. Specifically, the proposed Lot
61 PUD Amendment includes no open space and eliminates the view corridor
through Lot 61.
The owners of the Condominiums purchased their units with the
understanding that the Condominiums would be the tallest building in the
Avon Town Center, based upon the then-current plan for the Avon Town
Center. In particular, owners of units on the seventh and eighth floor of the
Condominiums purchased their units with the reasonable expectation that the
mountain views from their units would remain in perpetuity. The diminution
or elimination of this view corridor by development on Lot 61 is tantamount
to the taking of a valuable property right. if the proposed Lot 61 PUD
Amendment is approved in its current format, these owners likely will hold
the Town liable for this regulatory taking.
9. Phasin lap or subdivision Ian that will maintain a workable functional and
efficient relationship throughout the development of the PUD. The phasin>
plan shall clearly demonstrate that each phase can be workable, functional and
efficient without relying upon completion of future project phases.
The Association concurs with staff that no phasing plan is necessary for this
development.
10. Adequacy of public services such as sewer, water, schools, transportation
systems roads parks and police and fire protection.
The January 6, 2004 Staff Report addressed only acquisition of additional
water rights. The Association requests that the Town Council specifically
ensure that all public services are adequate for the considerable density of the
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Town of Avon Town Council
January 12, 2004
Page 8
11.
The Association is familiar with the long-term plans for the Benchmark Road
extension and the construction of Main Street. However, the Association is
unaware of the schedule of completion of these projects visa-vis occupation
of the proposed development of Lot 61. The existing streets and roads are
clearly inadequate for the substantial increase in traffic that will be generated
by the Lot 61 PLTD Amendment, and the Association is concerned that even
the proposed road expansion maybe insufficient to handle increased traffic
flows.
Section 17.20.1 10(l) of the Zoning Code directs the Town Council to determine
the development standards of a PUD including lot area, site dimensions, setbacks, height,
density controls, site coverages, landscaping and parking based upon compliance with the
above design criteria. The Association has reviewed the development standards
recommended by the Planning and Zoning Commission listed in the January 6, 2004
Staff Report, and has the following comments thereto:
a. Uses By-Right,: The Association notes that the uses by-right recommended by
Town Staff and the Planning and Zoning Commission are even more intense
than those requested by the Lot 61 developer. The Association believes that
many of these uses are much too intense for the site and incompatible with the
character of the Avon Town Center.
h. Special Review Uses: The Association has no further comments on these
uses,
c. Development Standards. As previously explained, the proposed height and
density contemplated by the proposed Lot 61 PUD Amendment greatly
exceeds the height and density that characterizes the Avon Town Center. This
increased height and density will result in numerous negative effects as
described above.
d. Parkin . The January 6, 2004 Staff Report recommends that the Avon
Municipal Code parking standards be implemented. The off-street parking
14667/anon
Lot 61 PUD Amendment. Furthermore, the Association is concerned that the
reported $3 million plus cost to construct the new Main Streret in order to
implement the Lot 61 PUD Amendment, is not a fiscally responsible use of
limited Town funds.
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Town of Avon Town Council
January 12, 2004
Page 9
requirements of the Zoning Code allow for a reduction of the minimum
requirement for mixed-use projects at the discretion of the Town Council. It
appears from the December 16, 2003 Staff Report that the Planning and
Zoning Commission believes this reduction is appropriate for Lot 61. The
January 6, 2004 Staff Report indicates that the Lot 61 developer continues to
seek further parking reductions.
As the Town Council is aware, parking is limited in the Avon Town Center.
Any reductions in the parking requirements for Lot 61 will exacerbate this
problem. The Association urges the Town Council to ensure that the parking
requirements for any development of Lot 61 are sufficient to satisfy the
significant additional parking impact created.
The Association is party to that certain Agreement to Adjust Property
Boundaries dated as of December 1, 1999, permitting the owner of certain real
property located adjacent to the Condominiums to develop Phase II of the
Avon Center. As part of that agreement, the owner of the Phase lr property
agreed to provide the owners of the Condominiums with substitute parking
during any period of time in which construction of Phase 11 blocks the parking
structure serving the Condominiums. The parties specifically agreed that
substitute parking would be located on any parcel located west of Avon Road,
south of the existing Denny's Restaurant, and east of the road leading to the
Town of Avon Recreation Center. Lot 61 is one of the few parcels satisfying
these requirements. If the proposed Lot 61 PUD Amendment is approved, the
supply of parking in the Avon Town Center during construction of Phase 11 of
the Avon Center will be even more scarce than previously anticipated. The
Association urges the Town Council to consider including appropriate terms
and conditions in any approval of the Lot 61 PUD Amendment to ensure that
future development of the Avon Town Center is not precluded due to the
absence of clear rules requiring the proper coordination of new development
projects in the Town Center area.
e. Stepping Back of Building. The Association commends the Lot 61 developer
and the Planning and Zoning Commission on its efforts to enhance the
architectural interest of the proposed building. However, as previously
explained, the "enhanced density" identified by staff is inappropriate for the
Avon Town Center.
Based upon a complete and careful review of the design criteria, the Association
believes the proposed Lot 61 PUD Amendment is clearly an inappropriate and
incompatible use of Lot 61. Therefore, the Association respectfully submits that the Lot
61 PUD Amendment should be denied by the Town Council. Alternatively, the
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Town of Avon Town Council
January 12, 2004
Page 10
Association requests that the Lot 61 PUD Amendment be tabled pending completion of
further evaluation and studies including, without limitation, traffic impact studies, solar
access and view studies, and evaluations of the impacts of the recommended densities on
the character of the Avon Town Center area.
On behalf of the Association, we thank you for the opportunity to comment and
be heard on this matter.
cc: George Pakozdi (by facsimile)
Pete Langdorf (by facsimile)
Skip Dornseif (by facsimile)
Keith Elliott (by facsimile)
Ton Grantham (by email)
Michael Smith (by email)
Tom Crosbie (by email)
Bob Roman (by email)
Stuart Borne (by email)
Steve MacDonald (by email)
Very truly yours,
Michael J. a c c i
14667/avon , 1
V ``
IDG 3 ILILC
P.O. Box 1068
Vail, Colorado
81658
970.949.4958
F. 970
949.4838
mha@vail.net
January 21, 2004
The Avon Town Council
P.O. Box 975
Avon, CO 81620
Re.: Lot 61 proposed PUD Ordinance 01-04
Block 2
Benchmark @ Beaver Creek
Amendment 4
Avon, Colorado
Dear Mayor & Council Members,
In preparing for our return to Council on the 27`h of January, we wanted to address the
issues you listed, for which we are responsible:
Building Setbacks
In reviewing the concerns for setback, we have decided to revise our setbacks on
both the southeast and southwest property lines. We are no longer proposing
building limits over the Benchmark Road right of way but instead will be
hounded by either property line. We are asking to be able to build to our
permitted height along this elevation so that we may be able to relegate the
majority of the highest portions of our structure to the south of the property thus
permitting more substantial reductions in height along the north property line
where adverse shading to the Mall and adjacent properties would be
objectionable. We would also suggest that any concerns for the severity of the
perceived height and treatment of facades, along this elevation, be addressed in
the Design Review stage. As a further consideration to our neighbors we have
increased the horizontal step, along our north property line to 70' (versus 25') as
illustrated in our revised PUD drawings.
Height
As you know, we have worked with you, staff and the Planning Commission to
adopt the principles of the Town Center Plan as they affect Lot 61. In this process
we have relinquished a 50' right of way plus a 10' setback along our west
property line. In return we have requested the ability to build above this right of
way and in doing so must maintain an 18.5' clearance for vehicles. With the need
for approximately 3.5' of structure, mechanical space and finishes this places our
first finished floor elevation at approximately 22' above the proposed finished
a0
grade of the road below. With the projected grade at the north edge of our 80'
wide building limit of 7445.5 This would place our first finished floor level, above grade at
7467.5. or 7.5' higher than our current first finished floor elevation of 7460.0' Please see the
attached exhibit A to this letter.
We are simply requesting that we maintain our net, usable residential height of
81.5'. We were asked to state our height, according to the definition of height
prescribed by the Town Code, namely as a fixed distance above the grade, below.
Given that we foresee the highest portion of the structure above the sites lowest
grade of 7443 we had to state the height as 108'
We would be willing to revise the height to 105' with an absolute cap to be set at
a datum of 7548.0' that is 98' above the finished pavement elevation of 7450.0' at
the Mall. As you will see we are not gaining any effective height and any further
reduction in height would cause us to loose a floor which could likely amount to a
loss of 18,200 S.F. (325' x 70' x 80% (efficiency factor of gross to net area)) of
net residential area which at $275/S. F. could amount to over $5,000,000 in sales
or $100,000 in transfer taxes.
Massing
We are preparing some computer base massing analyses to address two concerns.
It will illustrate the massing, currently approved and show the minor increase in
height that we are seeking. It will also serve to illustrate the maximum proposed
density relative to the constraints of the building envelope.
Transit Center
We would like the Town to understand that we and our prospective developers
have acknowledged the potential benefits of a transit center designed within the
established criteria.
Parking
As stated, our PUD is bound to provide parking according to the current Town
code. The minimum allowable density would render a requirement the following
parking:
125 Timeshare @ 1.5/Unit x 85% 160 Spaces
17,000 Retail @ 5.511,000 S.F. x 85% 80 Spaces
240 Spaces
Our current development plan illustrated that 158 spaces could be parked per full
level. With the required additional required guest parking we can attain our
requirements on 2 levels of parking. Thanks to the slope of our side the first level
would be at grade with Benchmark Road and thus our lower level of parking
would be only 10' below the elevation of The Mall, to the north.
aV
After nearly eight months of working cooperatively with staff, the Council and The
Planning Commission on this most recent proposal, we are intent in bringing this
process to a successful conclusion for all... the proverbial "win-win". We trust that
you will agree that in all our work on this parcel over the last five years, our
partnership has always worked fairly and openly to achieve positive, working
entitlements that will play a major role for the future of Avon.
We look forward to moving this project to its next phase and set the nucleus for The
Town Center and Avon.
Sincerely,
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T/Flr. = 7445.5'
j 7550.0'
r -7442.4'
80' Air Rights over
I _
_ Benchmark Court
194.45'
Exhibit A
Site Section 1" = 40'-0"
Calculations: Slope of Road = 7.4' Rise / 194.45 Run = 3.8% slope (.038)
Rise to N. Edge of Air Rights =.038 x 80' Run = 3.04' Rise
.S?
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi K ie 'orm Wood
1--- 01
Dale January 22, 2004
Re: Resolution 04-04 Relating to the Extension of the Lot 61 PUD
Summary
On January 13"', 2004, Town Council recommended staff address the potential lapsing of
the development rights for Lot 61 PUD (Ordinance 03-10) while the review process of the
pending Ordinance 04-01 for the Lot 61 PUD Development Plan and development
agreement occurs.
Attached is proposed Resolution 04-04, which recommends Planning & Zoning review the
extension of Lot 61 PUD while the public review process of the pending application
(Ordinance 04-01) is evaluated.
Town Manager Comments:>
Attachments:
• Resolution 04-04
Comprehensive Plan Consultant Interviews Page 1 of 1
January 13, 2004
TOWN OF AVON
RESOLUTION NO. 04-04
SERIES OF 2004
A RESOLUTION RELATING TO THE EXTENSION 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 has worked diligently with Town staff on a revised Planned
Unit Development ("PUD") for Lot 61, Block 2, Benchmark at Beaver Creek, after a second
extension of time for the Lot 61 PUD expiration deadline from February 3, 2003 to February 3,
2004, for the purpose of exploring development opportunities related to the recently adopted
Town Center Plan; and
WHEREAS, the second PUD extension granted in 2003 through Ordinance 03-01,
extending existing development rights for the Lot 61 PUD, shall expire on February 3, 2004; and
WHEREAS, the Town of Avon is currently reviewing a new Lot 61 PUD Development
Plan and development agreement (pending Ordinance 04-01), which requires more time to
establish whether approval of the application is in the best interest of the Town; and
WHEREAS, realizing that the Lot 61 PUD (Ordinance 03-01) requires the underlying
Town Center zoning to revert on February 3, 2004 and may not represent the highest and best
use of this property; and
WHEREAS, the public hearing review by the Town of the proposed Lot 61 PUD
Development Plan (Ordinance 04-01) may extend beyond the expiration date of Ordinance 03-01
causing the existing development rights to lapse and the property to revert to Town Center
zoning; and
F:ACouncil\Resolutions\2004\Res 04-04 Lot 61 B2 BMBC Ext. lntent.doc
WHEREAS, based upon the evidence, testimony, and exhibits, and a review of the
Comprehensive Plan of the Town of Avon and the Town Center Implementation Plan, Town
Council of the Town of Avon finds as follows:
1. In the interest of preserving the existing development rights on the Lot 61 PUD
(Ordinance 03-01), the Planning & Zoning Commission shall entertain review and
recommendation of extending the current Lot 61 PUD in order to allow Council
adequate time to review and evaluate the pending Lot 61 PUD Development Plan
(Ordinance 04-01).
2. The Planning & Zoning Commission shall review the extension of Ordinance 03-
01 based upon the criteria established in Section 17.20.110.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council hereby endorses the review and
consideration of extending the Lot 61 Planned Unit Development (Ordinance 03-01) by the
public process set forth in the Avon Municipal Code, Section 17.20.110 in order to preserve the
existing development rights while continuing to review the pending application for Lot 61, Block
2, Benchmark at Beaver Creek Subdivision (Ordinance 04-01).
ADOPTED THIS DAY OF , 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
F:ACouncil\Resolutions\2004\Res 04-04 Lot 61 B2 BMBC Ext. Intent.doc
Memo
To: Honorable Mayor and Town Council
AVO N Vel
C O L O R A D O
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development ? ??
Matt Pielsticker, Planning Tech nicianl-t.,f
Date January 7 h, 2004
Re: Appeal to Town Council of Planning and Zoning Commission
Denial of Minor Project for Fence
Summary
On December 16"', 2003 the Planning and Zoning Commission denied a Minor Project
Application for a fence. The property is located at 4491 Wildridge Road West. The
Commission's decision has been appealed to Town Council by the applicant, Marjorie
Marks.
The Planning and Zoning Commission denied the Minor Project due to conflicts with the
current Residential Design Guidelines. The fence has already been installed, and staff has
requested that the un-approved fence be removed. A split rail fence was previously
approved on the same property by the Commission in 2001 to help delineate the driveway
from the road. Attached for your review is the staff report to the Planning and Zoning
Commission dated December 9th, 2003 and a picture of the fence.
Discussion
The proposed fence is a four to six foot high green mesh fence along the side and rear of
Ms. Marks' property. The intention of the fence is to keep wildlife such as deer from
entering and damaging landscaping on the property. This application conflicts with the
Residential Design Guidelines. The only type of fence entertained by the Guidelines is a
split rail fence. An excerpt from the Guidelines that addresses fencing in the Town is
attached, along with a letter from Ms. Marks to the Planning and Zoning Commission.
Alternatives
• Uphold Planning and Zoning Commission decision
• Overturn Planning and Zoning Commission decision
• Remand decision to Planning and Zoning Commission for further review
Memo to Town Council, January 7, 2004 Page 1 of 2
Lot 28, Block 3, Wildridge Subdivision, Minor Project Appeal
Town Manager Comments
Recommendation
Uphold Planning and Zoning Commission decision, thereby denying the appeal.
Attachments:
A. Staff Report for Minor Project dated October 21, 2003
B. Letter to Planning and Zoning Commission from applicant
C. Page 20 of Design Guidelines "Fencing and Screening"
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Memo to Town Council, January 7, 2004 Page 2 of 2
Lot 28, Block 3, W ildridge Subdivision, Minor Project Appeal
I uWn OT Avon
Minor Pe.
OJ* E' C t &.aff Report
December 16, 2003 Planning & Zoning Commission meeting
Report Date December 9, 2003
Project Type Minor Project - Fence Application
Legal Description Lot 28, Block 3, Wildridge Subdivision
Zoning Duplex - PUD
Address 4491 Wildridge Road West
Introduction
The applicant, Marjorie Marks, is requesting the approval of a four to six foot green mesh fence
along the side and rear of her property. The fence is proposed four to six feet to protect deer
from eating flowers, bushes, flowers, etc. Attached you will find a site plan and a picture of the
fence.
The fence was installed by the applicant and staff requested that a minor project application be
submitted and approved by the Commission. A split rail fence was previously approved on the
same property by the Commission in 2001 to help delineate the driveway from the road-
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 4. 10, the Cmrnmission
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
Zoning Code.
• Allowed use: The fence will not alter the residential use permitted on this lot.
• Lot Coverage: The fence does not impact the lot coverage.
• Setbacks: The fence begins close to the northeast property corner, which encroaches into
the front snow storage and drainage easement.
• Building Height: The applicant's request is not consistent with the Division of Wildlife
(DOW) recommendations that fences should not exceed 48" in height. The fence
exceeds the DOW recommendations with the extensions placed on the top of the fence.
• Landscaping: The fence is visible from the road and neighboring properties.
2. The type and quality of materials of which the structure is to be constructed.
According to the Residential Design Guidelines Section C, fencing is discouraged "and will
only be permitted where it complements the character of the property ... and compliments the
landscaping rather than contain the property." The guidelines also state that "fence materials
shall be compatible with the site and the materials of the structures on the site," and `should
11
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Fax (970) 949-5749
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the fencing comply With the requirements of this section, the `-raced area must be less than''/4
of the perimeter of property and no more than 4 feet in hL-,-nt."
It is staff's opinion the proposed fence delineates the property boundaries, and the fence
materials are not compatible with the site. Also, the fence area proposed is more than half
the perimeter of the property and the fence height is greater than 4 feet.
3. 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 proposed fence may have a negative impact as viewed from adjacent properties.
Although difficult to see from the road, the fence does impact neighboring properties.
4. The objective that no improvement be so similar or-dissimilar to others in the vicinity
that monetary or aesthetic values will be impaired.
The fenced perimeter does not appear to be consistent with other fences in the area. As
proposed, the fence may impair monetary or aesthetic values. According to the Design
Guidelines, "where noted by the DOW, accepted wildlife corridors shall be accommodated to
a reasonable degree on all properties when considering the layout of site disturbances." This
fence appears to conflict with this wildlife consideration as stated in Section C of the
Residential Design Guidelines.
5. The general conformance of the proposed improvements with the adopted Goals,
Policies and Programs for the Town of Avon.
This fence does not appear to conform to the adopted Goals, Policies and Programs of thte
Town because of its conflict with existing Residential Design Guidelines as stated in this
report.
Staff Recommendation
Staff recommends denial of this fence application for Lot 28, Block 3, Wildridge Subdivision.
If you have any questions regarding this project or any planning matter, please do not hesitate to
call me at 748.4413 or stop by the Community Development Department.
Respectfully submitted,
Matt Pielsticker
C]
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 0
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P.O. Box 9105
4491 A Wildridge Road West
Avon, CO 81620
Town of Avon Planning and Zoning Commission
I am in receipt of a letter dated December 17, 2003, from Matt Pielsticker, Planning
Technician, and your messenger of tidings not exactly m keeping with the spirit of the
season:
In summer of 2003 I erected a green post and wire fence on the east side and back of my
property, within the property lines, in hopes of preventing deer fiom decimating my
attempts to landscape and beautify both my prioperty and neighborhood. (In Fall of 2002,
I planted 500+ tulip bulbs on my property, and in Spring of 2003 the deer ate every single
flower. The deer have destroyed many of my evergreens, and consumed every rose bud
from 12 new bushes which I planted in summer, 2003, before any rose every got to show
its face.)
The fence was constructed solely in an attempt to salvage my Wxlscaping, but it also had
the effect of somewhat discouraging the half dozen dogs that roam this neighborhood
constantly and crap all over my property. It is not a pleasant thing when hying to weed
my garden to be constantly finding dog poop in my Path-
I know this town has leash laws which, unfortunately, do not seem to be as assiduously
enforced as your "Residential Design Guidelines."
I received a first letter regarding this matter fiom Mr. PwIsticker about one month ago.
In response to that ominous epistle, I made the required $75 obeisance (exactly what is
that money for, in any case?), filled out forms he provided, and awaited your response,
anticipating that there would not be a problem-
While I can somewhat appreciate the right of a municipality to enforce someone's idea of
design which may be different from my own, I have never before encountered this
concept regarding a property which I own in entirety, i.e. neither a condo nor co-op, and
where there is no home-owners organization or any entity which disseminates
information regarding any controlling policiex-
If I knew going in that someone might later be telling me how to Landscape my property,
or paint my house, or whatever, I would at least have the choice ofNOT moving to said
municipality. Informed choices are one thing, but having guidelines sprung on residents
are, I think, a somewhat different set of circumstances.
I do have some question about the constitutionality of some self-appointed design police
determining what I can or cannot do on property wholly and solely owned by me, and
that is an issue I will investigate even whale I comply with your demands.
But MORE to the point, I am concerned with the process here. 0
When I purchased my home, in duly of 2000, NO NOTICE OFANY%DYD WAS EVER
PROFFERED TO ME. EITHER ORALLY OR IN WRITING, that Avon has a design
council which reserves the right to control what I do on my property. Was this an
oversight by my realtor or tide company? Or is it assumed that every resident of Avon
"just knows" not only that there are design guidelines, but exactly what these guidelines
are?
These same guidelines do NOT exist is every municipality in this county, so if an
incoming Avon resident is NOT informed they exist, just HOW is one expected to know?
For a municipality to make no attempt to inform its resident owners that certain
guidelines apply, and then penalize those residents if they don't adhere to those
guidelines smacks ofentrapment.
I am not totally naive. I am aware that certain building and alterations to my property or
house probably require a permit, but this innocuous fence is neither a building nor an
alteration.
I would like to address some of the specific points which Mr. Pielsticker made in his
"Minor Project Staff Report" of December 9.
1. Setbacks 0
I was not aware that the northeast corner of my properly is either a snow storage or
drainage easement, since 1) it is not marked as such and 2) I have never observed
snow being stored there, nor is there any drain Notwithstanding, I suggest that this
specific objection could be satisfied without my having to remove the entire fence.
1. Building Height
I would assume that the Division of Wildlife recommendation that fences not exceed
48" in height is specifically to allow wildlife to jump over the fence, whereas the
intent behind this barrier was specifically to prevent wildlife jumping over the fence.
I'm wondering why the DOW would feel that the deer MUST have access to my
property, with all the open land in this county.... though I concede that I apparently
have very tasty flowers and plants.
2. Type and Quality of Materials
in proceeding on this ill advised mission of trying to protect my landscaping I chose the
green stakes and wire mesh OVER a wooden fence which might more closely
"complement the character of the property," believing that the green blends in with the
wild sage and bushes surrounding my property and would less intrusive. I don't pretend
that it's gorgeous; I just hoped it would be effective. I am sorry that the fence apparently
offended some neighbor, which was certai dy not its intent.
C7
Perhaps an acceptable compromise might be a split rail fence, which could be installed in
the spring (of course at a MUCH GREATER cost to me). There is another property just
down the hill hom me which is surrounded by a split rail fence, so apparently that is
permitted on occasion.
In item 4 Mr. Pielsticker alleges that the fence "may impair monetary or aesthetic
values." While "monetary impairment" might be hard to demonstrate, I concede that the
fence itself was not intended to be an aesthetic contribution to the neighborhood (any
more than are the marauding dogs). But I do know that attractive, well tended gardens
are a great amenity in any neighborhood and definitely enhance property values. My
erecting the fence was not intended to offend anyone's aesthetic sensibilities, but rather to
protect an amenity--may gardens--which gamer much positive response and admiration
from my neighbors and passers-by.
If the real objection to this fence is that it interferes with wildlife corridors, then I guess
there is no compromise possible. The deer, incidentally, seem to be doing just fine, and
getting around wherever and whenever they want, so in a sense, the joke IS on me: the
fence has not worked particularly well.
Thus, I wiii cerfainiv conm* and to tike the fcnea dower at a reasonable bate. But I
suggest to you that mid winter is not such a time. I asked Mr. PielWcker if he knew
HOW this (demolition) could be accomplished when the ground is f ozen. (Me posts
have "barbs" underground to make them stable, but these same "barbs" will make the
posts very difficult to remove when the ground is frozen.) He replied, with great
reluctance, that a tractor might be able to accomplish the job. Notwithstanding an
expense which I am unable to afford., I believe it would be IlAPOSSIBLE for a tractor to
access my land without impinging on and damaging neighbors' property. This does not
seem like a good solution.
In the spring, when the ground is soft, the fence can easily be removed, and at a more
reasonable, though nonetheless onerous expense to me. I rrwertfxt petition Mat you
allow me tJkat solution.
1 would also be most grateful if you would inform me if tyre is any method of deer
damage control which is permissible in this municipality.
I understand that this whole situation arose because "someone made a complaint." Am I
entitled to know who lodged this complaint (and why, the person waited almost six
months)?
In the 3 lZ years I have been here I have not once lodged a complaint about the dogs on
the loose defacing my property. Please assure whoever lodged the fence complaint that I
will most certainly now do so whenever I see an unleashed animal.
0 There is one more issue that plagues me on which you can perhaps shed some light:
a
The spec house which I purchased in summer, 2000, boned out to be the house from hell.
While a beautifully designed house (in my opinion; perhaps not one shared by your
design gurus), the house has presented with over $30,000 of building and mechanical
defects which should have been covered by warrantee. But, rather than honor his
warrantee, the developer chose to harass and threaten me (he spent time in the Avon jail
for that) and then flee the state. So, in essence, I have paid $30,000+ more for the house
than its contract price.
Among the problems which I had to correct was that there was NO DRAIN in the
mechanical room, which, I was informed, was a BLATANT violation of code. This came
to light when I was paying to have other problems corrected. So, of course, the drain had
to be installed at my expense. But here is my question: HOW does a house (or its
developer) get a C.O. with a blatant violation of code? If an inspector is inexperienced,
and is guilty of an oversight, should he/she be fined $100 per day until someone else (in
this case, me) makes good on his error? Or did someone perhaps just "bold the other
way? V1
It seems to me that this is as important an issue as a fence which violates some unknown
guidelines, and I am wondering if you might be willing to help me unravel that mystery.
Thank you for your time and consideration My personal opinion is, given the REAL
issues in this world, this is unworthy of both your and my time, but this is apparently the
way it is and the way many wish it to be.
ZH4Mttoo you all.
i
C
Fencing and Screening
Fencing is discouraged, and will only be permitted where it complements the character of the property,
existing grades and landforms, and compliments the landscaping rather than contain the property.
Fences that delineate property boundaries are not permitted.
Requirements:
1. Fences, walls, or similar type barriers shall have a separate approval of the Connmission,
except that functional or decorative fences or walls may be approved as an integral part of a
building and landscaping design. Wood fences are generally more acceptable than metal.
Limited use of fences, such as to screen trash areas and utility equipment, is encouraged.
2. Fence materials shall be compatible with the site and the materials of the structures on the
site. No chain link fences shall be permitted in residential areas, except for use as a
temporary construction fences or for use in public recreational facilities. The use of
chicken wire, or metal screening, with split rail fencing is discouraged. However, should
the fencing comply with the requirements of this section, the fenced area must be less than
1/4 of the perimeter of the property and no more than 4 feet in height.
3. Where noted by the Colorado Division of Wildlife (CDOW), accepted wildlife corridors
shall be accommodated to a reasonable degree on all properties when considerimg the layout
of site disturbances.
A
Erosion Control
Erosion control is essential at all building sites. Design plans must indicate the type, method, and
placement of erosion control structures on the property. A surety may be required to ensure proper
installation and maintenance of these items. Required erosion control techniques and Best
Management Practices (BMP's) for small residential projects are listed in the Pollution Corrurol Plan
(Appendix 4). All other projects will need to reference the Avon Master Drainage Steady, available in
the Community Development Department.
Town of Avon Residential, Commercial, and Industrial Design Review Guidelines
Adopted November 6, 2001 Pale 20
Fencing should not delineate property lines. This type of fencing is no longer acceptable.
Memo
To: Honorable Mayor and Town Council
?VUN
C O L O R A D O
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Date: January 22nd, 2004
Re: Chateau St. Claire - Building Permit Extension Request
Summary
The building permit (C-BP2002-17) for the "Chateau St. Claire" project expires on February
18, 2004 on account of a lack of construction activity. When this building permit expires all
of the existing zoning approvals, including the vested rights expire.
The building permit holder, Chris Kontogiannis, has requested an extension of the building
permit. This building permit was originally issued on December 10, 2002 and the last
inspection that was done on the property was a soil nail wall inspection f rom a s pecial
inspector accepted by the Town on August 18, 2003. In addition, the recreation amenity
fee in the amount of $58,808.00 and $11,415.81 to Eagle County School District was paid
in May 2003 to satisfy one of the conditions of the existing building permit.
Staff has exhausted the options under the current building permit because of a specific
provision that there would be no more extensions granted on this project. A copy of the
building permit is attached hereto for your review. In addition, Title 15 of the Avon Municipal
Code and the 1997 UBC requires that a permit shall become null and void if the building or
work authorized by this permit is not commenced within 180 days. No construction activity
has occurred on this project since August 2003.
In t he i nterest of cooperation, t he contractor h as i nformed u s t hat they may commence
construction to obtain a building inspection to satisfy the construction activity requirement.
We recommend that Council reach a resolution on this matter rather than having the
contractor avail himself to the building inspection process to preserve the building permit.
History
Following is a detailed timeline for the activity that has taken place on the Chateau property:
• February 1996 - Chateau St. Claire LLC petitioned to the Town for annexation and
PUD zoning and development plan approval. The proposed project was a 4-story
building with 72,000 sq. ft. devoted to office, retail and restaurant. No residential use
was included.
Memo to Town Council, January 22rd, 2004 Page 1 of 3
Lots 1&2, Chateau St. Claire Subdivision, Permit Extension Request
• September 24, 1996 - Council approved the Annexation (Ordinance 96-16) and
PUD zoning and Development Plan (Ordinance 96-17) with the condition that the
parcel be subdivided into two lots: a 2.42-acre development lot ("Lot 1 ") and a 3.38-
acre Public Open Space lot ("lot 2"). Lot 2 is to be dedicated to the Town.
• July 1997 - Applicants received a building permit. This permit eventually lapsed due
to a lack of progress.
• August 5, 1998 -Council approved a PUD Amendment (Ordinance 1998-6) allowing
for 150 hotel rooms or 110 timeshare units with office, retail, restaurant and service
commercial land-uses. The permitted uses were altered with this amendment, not
the design of building.
• September 5, 2000 - Revised Final Design plan was submitted and approved for a
6-story, 118,000 sq. ft. building including 54 condominium units and a restaurant.
The condominium units were proposed as a mix of interval ownership, fee simple
ownership and employee housing. This revised design submittal is similar in height
and massing to the original design approved in 1996.
September 26, 2000 - Town issues a grading permit (X-EG2000-2) to clear debris
and topsoil from the site. All work pertaining to this permit was completed October
12, 2000.
• August 2001 - Town issues a foundation, excavation, and retaining wall permit (X-
EG2000-3) and retained a surety to ensure restoration of the site pending issuance
of a complete building permit.
June 2002 - Building permit (C-BP2001-4) is issued, which consisted of 52
timeshare/interval ownership units with a restaurant and spa.
o Town expires building permit due to lack of construction activity on the site.
The owner/developer is required by the Town to pay half of the building
permit fee again to extend the building permit (allowed under the 1997 UBC).
December 10. 2002 - The Town issues a new building permit (C-BP2002-17) with
specific conditions for construction and development.
o Based on this revised permit, owner/developer was required to commence
construction no later than May 10, 2003 and pay a recreational amenity fee in
the amount of $58,808 and a school impact fee in the amount of $11,415.81
for a total of $70,223.81. The Town collected all fees.
o May 8, 2003 - Site Preparation Inspection approved by Town.
o May 9, 2003 - Soils Report/Open Soils report accepted by the Town.
o July 15, 2003 - Planning and Zoning approves revised Final Design
drawings.
Memo to Town Council, January 22w, 2004 Page 2 of 3
Lots 1&2, Chateau St. Claire Subdivision, Permit Extension Request
o July 30, 2003 - Soil Nail Wall accepted by special inspector.
Alternatives
• Deny permit extension request and draw on the Letter of Credit to restore the
property.
• Accept the permit extension request with conditions.
Town Manager Comments
Recommendation
Renew C- BP2002-17 for one year with the condition that there can be no more extensions.
Attachments:
• Building Permit C-BP2002-17
Memo to Town Council, January 22"0, 2004 Page 3 of 3
Lots 1&2, Chateau St. Claire Subdivision, Permit Extension Request
.town of Avon 970-7484030
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P.OBOX 970 0". N
Avon, Co. M20 AV 748-4094 For Inspection Request
uiiding, Commercial Permit Page ± of 3
Porn* Number: C-BP.2002-17
Applicant Approval Data:
"a": CSC Lana
ddross: P:0, eox 445?9
Eagle, CO 818J1
Phone: 328 1176
PArcel
PA(Vol Worn Q; 1=gateau 8?1 aiairt onring-
P (r s- 38390 US Highway 6 & 24 Avon, 00 16,20
Aild1bon, '-'HATEALIST. CLARE Block,
Legal eription
Coritractot Type. Class 3 G.C,
Node: C'FC Consloof tioin Golden, CO F0401
Addfess 1e19 Denver West Drive - Ste 100
PhOno.
i-407% -arld
Number
0.2-6fa1 Pulklifig " fmlt Fez ?20,195.a
Too Ise
Conditions of Building Permit for Chateau St. Claire OFFICE CO.
Permit No. C-BP-2002-17
1) All subcontractors must apply and sign for their permits prior to starting any work.
2) Electrical Contractors must apply for the Electric Permit through the State of
Colorado; they must also provide copies of the approved electrical rough inspection prior
to or at the time of framing inspection, and electrical final inspection on or at the time of
TCO inspection to the Town of Avon inspector.
3) Obtain an open hole soils report verifying a soils bearing capacity of 3,000 PSF from a
licensed Colorado Soils Engineer prior to all footing inspections.
4) A Deed Restriction and Employee Housing Agreement must be submitted for approval
prior to TCO.
5) Hwy 6 Access must be inspected and approved by the Town and CDOT prior to
issuance of a TCO.
6) The engineer of record for the soil nailing retaining wall shall perform all inspections
and provide the Town with a copy of such inspections prior to the veneer being placed on
the wall.
IN ACCORDANCE WITH SECTION 17.20.1 I0(L) OF THE AVON MUNICIPAL
CODE, THE PERMIT HOLDER OF CHATEAU ST_ CLAIRE PUT) MUST
DILIGENTLY PURSUE CONSTRUCTION OR SAID APPROVAL WILL BE VOID.
IN ACCORDANCE WITH SECTION 15 OF THE AVON MUNICIPAL CODE, THIS
PERMIT SHALL BECOME NULL AND VOID IF THE BUILDING OR WORK
AUTHORIZED BY THIS PERMIT IS NOT COMMENCED WITHIN 180 DAYS.
THERE WILL BE NO MORE EXTENSIONS OF THIS PERMIT.
AS OF MAY 10, 2003, IF ALL OF THE FOLLOWING CONDITIONS HAVE NOT
BEEN SATSIFIED, THIS PERMIT SHALL BE NULL AND VOID AND ALL
DEVELOPMENT APPROVALS, INCLUDING BUT NOT LIMITED TO PUD
ZONING, DESIGN REVIEW, AND ENTITLEMENTS THERETO SHALL BE
EXPIRED. THE CONDITIONS ARE AS FOLLOWS:
I . Submit a Special Inspection and Testing Form for each individual special
inspector to the Building Division for review and approval prior to obtaining
the first inspection on site;
2. Obtain approval of the master sign program from the Planning & Zoning
Commission;
3. Provide mock-up of colors and materials, including the retaining walls;
4. Submit two complete sets of fire sprinkler and alarm drawings to the Eagle
River Fire Protection District for review and approval;
5. Submit a complete fire-stopping package prepared by a fire-stopping
contractor to LP2a for review and approval;
6. Submit two revised architectural and structural plans for the extension of the
middle 2-hour stair enclosure to LP2a for review and approval;
7. Submit two complete sets of construction drawings for the Highway 6 access
to the Town and C-DOT for review and approval;
8. Remit the recreation and amenity fees in the amount of $58,808.00 to the
Town and $11,415.81 to the Eagle County School District required by the
Annexation Agreement for Chateau St. Claire dated September 24, 1997.
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 13, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Mike Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Ron Wolfe present.
Brian Sipes was absent. Also present were Town Manager Larry Brooks, Town Attorney John
Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer
Norm Wood, Finance Director Scott Wright, Community Development Director Ruth Borne,
Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director Meryl
Jacobs as well as members of the press and public.
Citizen Input
Mayor Buz Reynolds announced and distributed the Holiday Contest Award Winners as follows:
? Wildridge Residential: 1 st place Chris Evans, 2"d place Pat McKenny; 3rd Tim Savage
? Avon Core Residential: 1s' place Kathy & Dave Martinez, 2nd place Buz Didier, 3rd place
Mike & Eileen Petit
? Avon Commercial: 1St place Comfort Inn, Fred Gifnor, 2nd place Ranch Central Jim
Clark, 3`d place Mountain Man Nut & Fruit
? ABA Commercial: 1St place Comfort Inn
Mayor Reynolds then noted that the following item would be added to the agenda at this time
because the work session timeframe did not accommodate the topic:
Comprehensive Plan Proposals - presentations from two consulting firms were made regarding
Avon's Comprehensive Plan "Request for Proposal". Community Development Director Ruth
Borne noted that OTAK pulled its proposal at the last minute due to the time constraints
required. At this time representatives from RNL Design (Richard von Luhrte, George Harrison,
Bob Matatall) and EDAW (Doug Dotson, Todd Chase, Tom Baker) spent some time each
making presentations to the Town Council and audience. Questions by Council were asked of
each group, some of which were related to the involvement of the Village at Avon
representatives as well as the impacts of fiscal & economic development related to
comprehensive plan development. After some dialogue between Council members, a motion
was made; although most agreed that further discussion about including the financial modeling
would be in order with the chosen consultant. Mayor Pro Tern McDevitt moved to select RNL as
the firm to work with the Town in developing the Comprehensive Plan. Councilor Wolfe
seconded the motion and it passed with a 3 to 2 vote (McDevitt, Sipes, Wolfe - aye; D. Buckley,
P. Buckley - nay; Brown absent).
Ordinances
Town Planner Tambi Katieb presented on first reading Ordinance No. 04-01, Series of 2004, an
Ordinance approving the Lot 61 planned Unit Development (PUD) for Lot 61, Block 2,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. He explained
that IDG3 LLC, the owner of Lot 61, has been working with staff over the last year finalizing a
new PUD Development Plan for Lot 61 as part of an extension of the original PUD development
rights. He presented some of the historical aspects of its development to date. He noted that
the new PUD Plan and accompanying development agreement set forth basic development
objectives that Town staff and the applicant have concluded as mutually beneficial. The
proposed development standards reflect a thorough analysis by the Town's financial consultant
(Stan Bernstein & Associates), and set both minimums and maximums of development
consistent with these financial projections. In summary Katieb noted that the owner is receiving
a greatly enhanced development package and the Town is receiving an expanded
transportation center location and improved road and circulation system. The plan is consistent
with the goals of vitalizing Town Center, enhancing the Town transportation system and
physically achieving a logical and desired connectivity to the Confluence site. Staff
recommended approval on first reading of Ordinance No. 04-01. Both the applicant Michael
Hazard & consultant Stuart Borne were present.
Council made several comments and requested some of the proposed changes as follows:
? Requested a 3-D model of the plan, relative to the adjacent properties, reflecting what
the building envelope looks like.
? Staff to provide a Balance Sheet of the project - what are the maximum entitlements,
what is Town getting & giving up as well as that which the developer is getting & giving
up.
? Write very clear description of the "development rights".
? Provide a final version of the financial analysis that relates to the proposed development
agreement.
? Clarify the next step for the project, i.e. that the project must comply with Town's design
guidelines.
? With the concern about the 8 year term; most would prefer that the term be 5 years.
? In lieu of the earlier presentation at the work session on the proposed gondola system
for Beaver Creek, it is requested that staff conduct another impact analysis as the BCRC
project relates to the transit hub being proposed for Lot 61.
? Review the current request for entitlements with the past entitlements and possibly
consider extending this current PUD since it expires in February.
Some members requested another work session to discuss these many questions & open-
ended topics. And with that suggestion, Councilor Wolfe moved to table until the next meeting
on January 27th, on first reading, Ordinance No. 04-01, Series of 2004, an Ordinance approving
the Lot 61 planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado. Councilor P. Buckley seconded the
motion. It was suggested that Beaver Creek Resort officials be invited to that work session.
Some further discussion ensued regarding the term of the current PUD. Stuart Borne,
representing the applicant, requested that Council consider adding to the motion that the
property somehow not reverts back to the Town Center zoning. Some clarification was made to
the number of extensions already granted the applicant, and it was noted that the current
entitlements expire next month. Town Attorney John Dunn clarified procedure with regard to
what was being requested & the current motion on the table. Mayor Reynolds called the motion
to vote and it was passed unanimously by those members present (Brown absent).
Further discussion ensued about the project and the timing of the PUD expiration dates. It was
decided that Council receive proposed legislation at the next meeting that would allow them to
continue the current PUD if they deemed it necessary. Councilor Wolfe noted that earlier public
comments (at the work session) and a letter submitted by the Avon Homeowner's Association
should receive some dialogue at the next meeting as well.
Resolutions
Public Hearing
Town Engineer Norm Wood presented Resolution No. 04-01, Series of 2004, a Resolution
approving Preliminary Plat for Lot 61, Block 2, Benchmark at Beaver Creek, Avon, Eagle
County, Colorado. He noted that the IDG3 LLC owner's of Lot 61 submitted a Preliminary Plat
for the Resubdivision of Lot 61 and that the subdivision is in conjunction with a proposed PUD
Regular Council Meeting Page 2 of 4
January 13, 2004
Development Plan and Development Agreement as discussed earlier. All documents provide
for the dedication of a new road right-of-way connecting the Town Center Mall with Benchmark
Road and a Transportation Hub Easement adjacent to Benchmark Road to allow construction of
a Transportation Center. Staff recommended approval of this Resolution explaining that it was
only a preliminary plat not a final plat.
Mayor Reynolds opened the public hearing. Comments were heard from Dave Nelson, property
manager for The Seasons Building who expressed concerns with traffic impacts and Chris
Jergens, representing Avon Town Square property owner Al Williams, who had concerns that
were outlined in a letter dated 1/13/04 and submitted at the meeting, (i.e. some of which
included setbacks from the road, density, connections to the confluence property, what is the
quantifiable number of square footage). An Avon Center resident addressed the Council
(unable to hear name) with regard to obtaining communication about future development of the
area. Staff noted the several avenues that exist to obtain information, both required by State
Statute and otherwise. Mayor Reynolds noted that a public hearing would be held at 2nd reading
of the Ordinance and comments made would likely be addressed in the future. He then closed
the public hearing. After further comments from Staff & Council about the pros & cons on the
possible action on the resolution, a motion was made.
Councilor Sipes moved to approve Resolution No. 04-01, Series of 2004, a Resolution
approving Preliminary Plat for Lot 61, Block 2, Benchmark at Beaver Creek, Avon, Eagle
County, Colorado. Councilor Wolfe seconded the motion and it passed with a three to two vote
(McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay; Brown absent).
Town Attorney John Dunn presented Resolution No. 03-55, Series of 2003, A Resolution
ordering a Special Assessment Against Tract J, Benchmark at Beaver Creek, noting that this
Resolution was tabled at the 12/9/03 meeting. He noted that an agreement has been reached,
however he is still waiting for a deed. He therefore suggests tabling this action until the next
meeting. Councilor Wolfe moved to table until the next meeting Resolution No. 03-55, Series of
2003, A Resolution ordering a Special Assessment Against Tract J, Benchmark at Beaver
Creek. Mayor Pro Tern McDevitt seconded the motion and it passed unanimously by those
members present (Brown absent).
New Business
Community Development Director Ruth Borne presented Appeal of Planning & Zoning Decision
on 12/16/03 to deny fence application and noted that the applicant requested that this item be
tabled until the next meeting because she was unable to attend the meeting.
Applicant: Marjorie Marks
Legal: Lot 28, Block 3, Wildridge Subdivision
Zoning: Duplex - PUD
Address: 4491 Wildridge Road West
Councilor Sipes moved to table this item until the January 27th meeting. Councilor D. Buckley
seconded the motion and it passed unanimously by those members present (Brown absent).
Town Engineer Norm Wood presented information (that was discussed at length at the earlier
work session with the Town's water attorney Gary Greer) regarding the Amended & Restated
Water Lease. The agreement addresses the lease of water rights to Upper Eagle Regional
Water Authority for water consumed by Avon customers. Staff recommended that the Council
approve the amended and restated water lease agreement as submitted by Glen Porzak, and
an amendment to that which was submitted by Gary Greer, the Town's Water Attorney.
Regular Council Meeting Page 3 of 4
January 13, 2004
Councilor D. Buckley moved to approve the Amended and Restated Water Lease Agreement
with the effective date of January 1, 1998 as submitted by Gary Greer & by Glen Porzak on
January 7, 2004, with the amendment to be drafted by Gary Greer to limit the lease to 348.17
acre feet and adding that the additional water rights will be provided to the Authority if the
Town's analysis of water rights requirements at full build-out indicate such is necessary to meet
the demand. The Town will complete their analysis no later than May 1, 2004. Councilor Wolfe
seconded and the motion passed unanimously by those members present (Brown absent).
Town Attorney Report
Town Attorney John Dunn reported on an earlier letter that was sent Darlene Sisneros, TCMD
regarding the Village At Avon Municipal Services invoice. More specifically related to the
portion of the invoice related to police services. Dunn noted that he received a response to that
letter, he distributed it at that time, noting that the content was disappointing. A
recommendation on this topic would be before the Council at the next meeting.
Consent Agenda
Mayor Reynolds asked for a motion. Councilor D. Buckley moved to approve the consent
agenda. The motion was seconded and passed unanimously by those members present
(Brown absent).
a. Approval of the December 9, 2003 Regular Council Meeting Minutes
b. Resolution No. 04-02, Resolution approving posting locations for the Town of Avon (Patty
McKenny) Identifies locations for posting agendas & public notices for Town of Avon as required
by Colorado State Statutes
c. Colorado Code Publishing Company - Agreement for Municipal Code Republication (Patty
McKenny) Agreement outlining services for Avon Code republication.
d. TV 8 Advertising Contract (Meryl Jacobs) - a contract outlining commercial and interview
advertising for the Avon Recreation Center.
There being no further business to come before the Council, the meeting adjourned at 8:15 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
January 13, 2004
Page 4 of 4
AGREEMENT FOR RELEASE OF CLAIMS
1. The parties to this Agreement are the Town of Avon, Colorado (Avon),
Grand Eagle Investment Corporation (Grand Eagle) and Marvin B. Simon
(Simon)
2. The subject of this Agreement is Tract J, Benchmark At Beaver Creek
Subdivision, as per the recorded plat thereof, in Eagle County, Colorado
(Tract J). In consideration of the promises and releases provided for
herein, the parties stipulate and agree as set forth below.
3. The parties stipulate that Tract J was deeded to Grand Eagle by the Eagle
County Treasurer, and that Grand Eagle later conveyed Tract J to Simon.
4. The parties stipulate that Tract J Is bisected by the Eagle River, and had
an old bridge across the Eagle River, connecting the two dry land parts of
Tract J.
5. The parties stipulate that there were disputes between Avon on the one
hand, and Grand Eagle and Simon on the other, concerning the bridge and a
bike path easement through the north part of Tract J. These disputes led to
possible claims by the parties against each other.
6. The parties stipulate that Simon is deeding Tract J to Avon. The parties
wish to release any claims they may have against each other concerning
Tract J.
7. Each of the parties hereto releases all the other parties to this Agreement
from any further claim or liability concerning Tract J and the actions of the
parties in connection with Tract J.
8. This release shall extend to and benefit the parties hereto, and their
respective agents, representatives, officers, directors and employees.
9. It is the intent of the parties that this be a complete resolution of any
claims which one might have against one or more of the others concerning
Avon's, Grand Eagle's or Simon's activities concerning Tract J.
1-11-04 1 SETTLEMENT CD
10. If the relevant facts now believed by a party to exist and upon which
each party bases their decision to enter into this Agreement are discovered to
differ from the facts as they actually exist, that shall not affect the validity of
this Agreement. Each party agrees to bear the risk that they believed facts
upon which that party bases their decision to enter into this Agreement may
turn out to be different from the actual facts; each party agrees that,
notwithstanding any such difference, this Agreement shall remain in full
force and effect.
11. This Agreement represents a compromise of disputed claims. Nothing
contained herein should be construed as an admission of wrongdoing or
liability by any party hereto.
12. Because of the distance separating the parties, this Agreement may be
executed on FAX copies and separate copies of the signature page, which
may be attached to the original document to constitute the entire Agreement.
13. The parties shall reasonably cooperate in executing and filing any
documents, providing and information, or performing any other actions
reasonably required to effect the intent of this Agreement.
Done this day of January, 2004.
[ form of signature line for Avon] Grand Eagle Investment Corporation
By:
Marvin B. Simon, President
Marvin B. Simon, individually
By:
Mayor
Town of Avon
1-11-04 2 SETTLEMENT CD
FROM : TERRY_QUINN FAX NO. : 9703287109 Jan. 22 2004 02:52PM P1i2
Marvin Simon
January 12, 2004
Town of Avon
Attn: John Dunn
_ 400' Benchmark Road
Avon, CO 81620
Re: Tract J, Benchmark at Beaver Creek Subdivision, Avon, Colorado
John:
Enclosed you shall find the executed Quit Claim Deed for the above captioned
property. I am pleased that Ron Wolfe and I were able to amicably agree upon the
donation of this property to the Town of Avon for the use of a family park. I would
most like this park to be accessible to all guests, residents and non-residents, and
completely accessible to persons with disabilities. The park should include a sign,
acknowledging this donation (thereby encouraging others). 1 request that an
appropriate name for this park is, "The Simon Family Park". "fhe town center
location is ideal for families to picnic and to enjoy fishing. Since the property is
divided by the creek, a small resting area can also easily be created on the north side
adjacent to the bicycle path.
You shall, of course, cooperate with me providing any information requested by
Internal. Revenue upon review of this donation.
:Sincerely yours,
-- I LI ` 04
T kkp
TS -T4 I GQ
Alvy e (- e C.C-M Gv t rH ?^! X47_ Mv4R V 4s kS
14888 West 67h Place - Arvada, (.'o 80007 - 720-894-9277
G X711`' 1L--;L/Q41
fdf. ?
- Just,Re1ax1nn@hormafl.cam
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FROM : TERRY_QUINN
I
FAX NO. : 9703287109
QUIT CLAIM DEED
Jan. 22 2004 02:53PM P2/2
This indenture, made the 12 0 day of January, 2004, between MA.RVIN B. SIMON, whose
address is 16889 W. 67`x' Place, Arvada, Colorado 80007, grantor, and TO" OF AVON, a
mtmieipal corporation, whose address is 400 Benchmark Road, Avon, Colorado 81620, grantee (the
terms "grantor" and "grantee" include the respective heirs, successors, successors-in-title, legal
representatives and assigns of the parties where the context requires or permits).
Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) paid at and before
the sealing and delivery of this instrument, has granted, bargained, sold, and, conveyed and by these
presents does grant, bargain, sell, and convey to grantee, all of that certain tract or parcel of land
dying, and being, in the,. Town of Avon, Eagle, County, Colorado, as more particularl?deseribed as ,.
follows:
Tract J, Benchmark at Beaver Creek Subdivision, as per the recorded plat thereof,
Town of Avon, County of Eagle, State of Colorado ("the Property").
To have and to hold the Property, together with all and singular the rights and
appurtenances thereof, to the same belonging or in any way appertaining, to the only proper use and
benefit of grantee in fee simple.
in witness of the above, grantor has signed, sealed and delivered this deed on the date
written above.
1Ularvin B.'Simon
State of Colorado
ss
County of-- _ __........... __ _._ . _ ._ __. _W
The foregoing instrument was acknowledged before me on the
2004, by Marvin. B. Simon.
Witnem my hand and official seal.
My commission expires:
day of January,
Notary Public
Memo
To: The Honorable Mayor and Town Council
From: Robert Reed, Director of Transportation & Public Works
Thru: Larry Brooks, Town Manager
Date: January 20, 2004
Re: CASTA Agreement for fiscal year 2005 FTA funding request
Summary:
Attached is a copy of the Agreement between the Colorado Association of Transit
Agencies (CASTA) and the Colorado Transit Coalition. The Town of Avon is one of
twenty-five members of the Colorado Transit Coalition banded together for the purpose
of submitting a joint request to the Federal Transit Administration (FTA) seeking FTA
5309 funding for capital equipment and facilities. This joint request is for FY 2005 and
represents the seventh request attempted by CASTA to secure earmarked funds for the
coalition through the use of a lobbyist.
Discussion:
CASTA will enter into an agreement with a Washington D.C. based public affairs and
governmental relations consulting firm, to provide transportation funding consulting
services on behalf of the Colorado Transit Coalition for the FY 2005 funding cycle. The
approximate cost to the Colorado Transit Coalition for their representation is $145,000 of
which the Town of Avon's will pay an allocated share once the final cost is determined.
The town's cost is budgeted ($4,000) in the 2004 Transportation Budget.
All section 5309 FTA funds are awarded on an 80/20 basis. Eighty percent funded by
FTA and twenty percent funded locally. The town's total request is for $1,505,000 of
which FTA would fund $1,204,000 and $301,000 funded locally. The total amount
requested by the Colorado Transit Coalition is approximately $45,000,000, which
includes the town's request of $1,204,000. Attached is a copy of the town's submittal to
CASTA listing the equipment requested in the FY 2005 application.
Recommendation:
The recommendation is to approve the request by the Town of Avon, Department of
Transportation for FTA 5309 funding of $1,505,000 in FY 2005.
Town Manager Comments: 71-
FTA Funding Summary
January 20, 2004
Avon Transportation
FTA 5309 Capital Equipment Grants
Funding Year Project Amount
2000 $735,000
2001 $735,000
2002 $715,000
2003 $2,787,500
2004 $1,410,000
2005 $1,505,000
FTA 5309 Grant Use of Funds
FTA Request Amount
$588,000
$588,000
$572,000
$2,302,000
$1,128,000
$1,204,000
2000 Purchased: Two 24 passenger People Movers
Two Bus Shelters
800 mhz Radio Equipment
Status: Completed
FTA Dollars Awarded
$187,552
$195,995
$167,961
$584,079
estimated allocation $241,817
current application pending
2001 Purchased: One 35 ft. Gillig coach to replace
the 1984 Orion coach
Status: Completed
2002 Purchase: One 35 ft. Gillig coach to replace
the 1985 Orion coach
Status: awaiting council approval
2003 Purchase: Funds available for Split Transit Center,
and/or coach/people mover replacement
Status: pending final FTA approval
2004 Purchase: Funds available for phase I Transit Center,
and/or coach/people mover replacement.
Status: pending application
2005 Purchase: Funds available for phase II Transit Center,
and/or coach/people mover replacement, GPS
start up system, bus shelters
Status: pending submittal
AGREEMENT FOR 2005 APPROPRIATION REQUEST
This agreement is entered into by and between the Colorado Association of
Transit Agencies (CASTA), a Colorado nonprofit corporation and each of the members of
the Colorado Transit Coalition requesting 2005 appropriation for 5309 bus and bus
facilities funding, which members are listed on Exhibit A, attached hereto and
incorporated herein by this reference (referred to collectively as the "members").
Whereas, CASTA is a nonprofit trade association located in Denver, Colorado
and represents Colorado transit agencies, and
Whereas, the Federal Transit Administration (FTA) provides capital funding to
transit agencies under the Capital Program (49 U.S.C. Section 5309) Transportation
Equity Act for the 21" Century (TEA-21), and
Whereas, a number of Colorado transit agencies are desirous of obtaining a
statewide authorization in the re-authorization of TEA-21 and congressional earmarked
funds, for the federal Fiscal Year 2005, under Section 5309 for bus and bus related capital
purchases, and
Whereas, those Colorado transit agencies seeking U.S.C. 49, Section 5309
funding have affiliated as a nonprofit unincorporated association, known as Colorado
Transit Coalition (Coalition), and have agreed that CASTA will act as a coordinator for
the Coalition in seeking U.S.C. 49, Section 5309 funding, and
Whereas, CASTA has entered into an agreement with a Washington D.C. based
public affairs and governmental relations consulting firm, to provide transportation
funding consulting services on behalf of the Coalition.
Now therefore, CASTA and each of the Coalition members agree as follows:
1_ Term of Agreement. The term of this agreement shall be from January 1, 2004
through December 31, 2004.
2. Membership. Membership in the Coalition will be open to any Colorado
transit agency that provides services which qualify for U.S.C. 49, Section 5309 funding.
While a multi-year effort is anticipated, members may participate on an annual basis
dependent on the individual member's capital needs. Members who do not request in a
particular year will pay a reduced fee outside of this agreement.
3. Members' Capital Requests The members' capital requests shall be handled as
follows:
a. Each member shall submit to CASTA by January 1, 2004 its capital request,
in a form acceptable to CASTA and consistent with the capital request amount
set forth on Exhibit A for that member. CASTA shall then compile the capital
requests into a statewide request document to be presented to Congress for
consideration. All capital requests (as listed on Exhibit A) must be supported
by accurate, current planning documents. The member must verify that
matching funds are available to support a grant in the fiscal year it is available.
The Colorado Department of Transportation and/or the Federal Transit
Administration, as appropriate, will review the planning documents for each
member to assure that projects are capable of being obligated within Fiscal
Year 2005, prior to submittal of the request to Congress in 2004.
b. If a member requests an addition or reduction to a capital request, the impact
on other members will be considered prior to any changes being approved by
the Coalition members. A member will not be required to decrease a request
that would place that member in the position of lacking sufficient funds to
obtain usable units of equipment. For purposes of this agreement a usable unit
of equipment will be as defined in the individual applicant's request (See
Exhibit A).
Exhibit A lists two groups. The first group requesting vehicles, equipment and
small facilities (under $1M federal) will divide 60% of the final U.S.C. 49,
Section 5309 bus allocation. Fifteen percent of 60% of the final allocation will
be distributed in equal portions to each agency. The remaining eighty-five
percent will then be distributed based on a calculated rate proportionate to
each member's capital request. No agency shall receive more than its original
federal request. The bus and bus related allocation amounts will then be
adjusted, as appropriate, to assure that each coalition member receives no
more than the agency request, but an amount sufficient to obtain usable units
of equipment by consensus of the Coalition members.
The second listed group requesting facilities (over $1M federal) will divide
40% of the final U.S.C. 49, Section 5309 bus allocation. One hundred percent
of that funding will be distributed based on a calculated rate proportionate to
each member's capital request. No agency shall receive more than its original
federal request. Members of the facilities group may remain in that portion of
the coalition for 2005 and 2006 to share in the allocation of 40% of the
funding according to the calculated rate.
For Example: Assuming that the allocation of funding is $14Mfor 2005. 15% of 60% of
the final allocation printed in the Federal Register will be divided by the number of
agencies in the vehicles, equipment, small facilities group signing the agreement e.g.
($8,400, 000 x. 15 = $1,260,000124 = $52,500 to each participant) If an agency requested
$50, 000 the remaining $2,500 goes back into the remaining funds to be redistributed to
those requesting more. For those requesting more than $52,500, the remaining funding is
redistributed according to the percentage of each agency's total requested as shown on
Exhibit A.
2
For the Facilities group signing the agreement, 40% of the final allocation printed in the
Federal Register, will be divided among the agencies in the facilities group according to
the calculated rate proportionate to each member's capital request. (e.g.10% of
$5,600, 000 = $560, 000) The amount of funds remaining for each member of the facilities
group has been increased by. 015% from the 2004 allocation because it is expected that
funding will be decreased by that much due to the FTA oversight set aside and an
anticipated rescission in 2004 appropriations. Their funding, unlike that of the vehicles
group, is dependent upon the total amount of funding needed for the facility. Any overage
of funding in the facilities group will be redistributed to the vehicles etc. group.
d. Each coalition member in the 2005 annual request agrees to pay to CASTA,
an equal amount of fifteen percent of the $145,000 administrative and consultant fees
(e.g. 1/27 of $21,750 = $806) plus a calculated rate on the remaining eighty-five percent
of fees ($123,328) based on the percentage of the total Statewide Request attributable to
that member's capital request as set forth in Exhibit A. The payments shall be made to
CASTA in no more than four equal installments, upon execution of this Agreement or
after February 1St, Apri I 1St, July 1St and October 1St.
4. Services of CASTA. During the term of this agreement, CASTA will provide
the following services:
a. Act as the representative of the Coalition as it seeks U.S.C. 49, Section
5309 Bus Discretionary funding. The Executive Director of CASTA will serve as
coordinator of the project for the Statewide Request.
b. Retain a Washington D.C. based consultant familiar with the congressional
process of determining Federal Transit Administration allocations for the total cost not to
exceed $85,000 for the 5309 bus and bus facilities Colorado Transit Coalition work,
including expenses.
c. Provide monthly written reports to each Coalition member.
5. Payment to CASTA for Services. For its services during the term of this
agreement, CASTA will retain from the payments received from the 2005 CTC 5309 bus
and bus facilities members a total of $60,000 which amount includes all expenses to be
incurred by CASTA.
6. Termination. Any party may withdraw from this agreement upon the giving
of at least 30 days advance written notice to the other participants.
7. Appropriation of funds. The financial obligations of any participant in this
Agreement which is a governmental entity subject to the direct or indirect financial
obligation restrictions of the Colorado Constitution, Article X, Section 20(4)(b), or that
government's local restrictions on contract appropriations, shall be subject to the
appropriation and availability of funds in accord with Colorado and local law.
3
8. Addresses and Telephone Numbers. The name, address, and telephone
number of each member is listed on Exhibit A. The name, address, and telephone number
of CASTA is:
Colorado Association of Transit Agencies (CASTA)
Attn: Jeanne J. Erickson, Executive Director
225 East 16th Avenue, Suite 475
Denver, CO 80203
Tel: (303) 839-5197
Email: casta@coloradotransit.com
9. Signatures. The parties agree that this Agreement may be signed in
counterparts with CASTA to retain the original signatures of all parties.
Dated: January 15, 2004.
Colorado Association of Transit Agencies,
a Colorado nonprofit corporation
By:
Ralph Power
President
4
Organization:
Name:
Title:
Date:
Signature:-
EXHIBIT A
2005 5309 Bus and Bus Facilities
Colorado Transit Coalition
Appropriation Request
2005 % Cost Cost Total Cost
Transit Agency Request Rea. Equal 15% by 9/6 2005
VEHICLES GROUP
1 City of Loveland $ 48,000 0.1% $ 806 $ 143 $ 949
318 Garfield Ave.
Loveland, CO 80537
Tel: 970-962-2427
2 NE Colo Cncl of LocaiGov $ 87,360 0.2% $ 806 $ 260 $ 1,066
231 Main St.,STE 211
Ft. Morgan, CO 80701
Tel: 970-867-9409
3 Seniors Resource Ctr $ 108,800 0.3% $ 806 $ 323 $ 1,129
3227 Chase St.
Denver, CO 80212-7033
Tel: 303-235-6970
4 City of Glenwood Sprgs $ 216,000 0.5% $ 806 $ 642 $ 1,448
101 East 8th St.
Glenwd Sprgs, CO 81601
Tel: 970-384-6437
5 Greeley-The Bus $ 225,600 0.5% $ 806 $ 671 $ 1,477
1000 Tenth St.
Greeley, CO 80631
Tel: 970-350-9751
6 Berthoud Trans Ser $ 320,000 0.8% $ 806 $ 951 $ 1,757
P.O. Box 1074
Berthoud, CO 80513
Tel: 970-532-2730
7 Flatiron Imp Dist $ 457,120 1.1% $ 806 $ 1,358 $ 2,164
1 W. Flatiron Cir.,ste377
Broomfield CO 90027
Tel: 720-887-9583
8 Town of Snowmas Vil $ 710,088 1.7% $ 806 $ 2,109 $ 2,915
P.O. Box 5010
SnowmasVil, CO 81615
Tel: 970-923-2543
9 Black Hawk Trans $ 720,000 1.7% $ 806 $ 2,139 $ 2,945
PO Box 17
Black Hawk 80422
Tel: 303-582-2237
10 Summit Stage $ 852,180 2.1% $ 806 $ 2,531 $ 3,337
P.O. Box 2179
Frisco, CO 80443
Tel: 970-668-4161
EXHIBIT A
2005 5309 Bus and Bus Facilities
Colorado Transit Coalition
Appropriation Request
2005 % Cost Cost Total Cost
Transit Agency Request Req. Equal 15% by °/a 2005
11 Mountain Express $ 960,000 2.3% $ 806 $ 2,851 $ 3,657
P.O. Box 39
Crested Butte 81224
Tel: 970-349-5615
12 Durango Lift $ 967,200 2.3% $ 806 2,873 $ 3,679
949 East Second Avenue
Durango, CO 81301
Tel: 970-385-2889
13 Special Transit $ 1,040,000 2.5% $ 806 $ 3,089 $ 3,895
4880 Pearl
Boulder, CO
Tel: 303-447-2848
14 Grand Valley Transit $ 1,104,000 2.7% $ 806 $ 3,279 $ 4,085
201 South Ave.
Grand Junction, CO
Tel: 970-255-7188
15 ECO Trans $ 1,080,000 2.6% $ 806 $ 3,208 $ 4,014
P.O. Box 1070
Gypsum, CO 81637
Tel: 970-328-3524
16 Town of Avon $ 1,204,000 2.9% $ 806 $ 3,576 $ 4,382
P.O. Box 1726
Avon, CO 81620
Tel: 970-748-4120
17 Pueblo Transit $ 1,350,400 3% $ 806 $ 4,011 $ 4,817
350 S. Grand Ave.
Pueblo, CO 81003
Tel: 719-553-2725
18 Southeast Transp Auth $ 1,760,000 4.2% $ 806 $ 5,228 $ 6,034
30 South Raritan St.
Denver, CO 80223
Tel: 303-744-6806
19 Town of Vail $ 2,768,000 7% $ 806 $ 8,222 $ 9,028
75 S. Frontage Rd.
Vail, CO 81657
Tel: 970-479-2178
20 Steamboat Springs Trans $ 3,096,000 7.5% $ 806 $ 9,196 $ 10,002
P.O.Box 775088
Steamboat Springs, CO 80477
Tel: 970-879-3717
EXHIBIT A
2005 5309 Bus and Bus Facilities
Colorado Transit Coalition
Appropriation Request
2005 % Cost Cost Total Cost
Transit Agency Request Reg. Equal 15% by % 2005
21 City of Colorado Sprgs $ 3,392,000 8.2% $ 806 $ 10,075 $ 10,881
1015 Transit Dr, P01 575
Colo. Sprgs, CO 80901
Tel:719-385-5429
22 Town of Mtn Village $ 3,644,000 8.8% $ 806 $ 10,824 $ 11,630
113 Lost Crk Ln SteA
Mtn Village CO 81435
Tel: 970-369-8204
23 RFTA $ 4,535,200 11% $ 806 13,471 $ 14,277
51 Service Center Drive
Aspen, CO 81611
Tel:970-920-1905 Ex204
24 RTD $ 5,000,000 12% $ 806 14,851 $ 15,657
1600 Blake St.
Denver, CO 80202
Tel: 303-299-2415
Total Request Vehicles $ 35,645,948 $ 105,879 $ 125,223
FACILITIES GROUP FacilitiesGrp
2004/2005/2006 Percent
25 Town of Telluride $ 1,043,936 3% $ 806 $3,101 $ 3,907 18%
P.O. Box 397
Telluride, CO 81435
Tel: 970-728-2177
26 Town of Breckenridge $2,336,810 5.63% $ 806 $ 6,941 $ 7,747 40%
P.O. Box 168
Breckenridge CO 80424
Tel: 970-547-3153
27 City of Ft. Collins $2,464,294 5.94% $ 806 $7,320 $8,126 42%
6570 Portner Rd.
Ft. Collins, CO 80525
Tel: 970-224-6032
Total Request Facilities $5,845,040 100%
TOTAL FUNDING REQUEST $41,490,988 100% $21,762 $17,361 $ 145,002
COLORADO ASSOCIATION OF TRANSIT AGENCIES
COLORADO TRANSIT COALITION
For Federal Transit Administration (FTA) Capital Program for Bus
(U.S.C. 49, Section 5309) FY 2005 Request for Authorization
Agency: Town of Avon
Contact: Name: Bob Reed
Tel: 970-748-4120 Fax: 970-845-8589
Mailing Address: P.O. Box 1726
Avon, CO 81620
Responsible Government Entity: Funds must be received by a government entity. If your transit
agency is a private non-profit, a city or county must receive and disburse funds. Therefore, they
must agree to this request. Name of responsible official(s).
Town of Avon, Mayor
Project Description: Must be "ready to go" - Obligated Under Signed Contract Fiscal Year 2005
(Between October 1, 2004 and September 30, 2005)
Project Supported by. Current Transportation Development Plan (TDP)? YES
State Transportation Improvement Plan (STIP)? YES
FY 2005 Transit Capital Request: (Federal and Local Dollars) $1,505,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 35 ft. Transit Coach, 24 ft. People Mover
Number: One (1) Coach, Two (2) People Movers
Unit Cost: $275,000 each per Coach, $100,000 each per People Mover
Replacement: 2 Expansion: 1
Equipment:
Description: GPS Information System
Number: 10 Stations with Start-up
Unit Cost: $5000.00
Replacement: Expansion: X
Facility:
Description: Transit Center Phase II, and Bus Shelters
Number: One (1) Transit Center, Two (2) Bus Shelters
Unit Cost: $960,000.00 and 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $1,204,000.00 Local: 20% $301,000.00
Source of Local Funds: Town of Avon General Fund
FY 2006 Transit Capital Request: (Federal and Local Dollars) $320,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 35 ft. Transit Coach
Number: One (1) Coach
Unit Cost: $300,000.00
Replacement: X Expansion:
Equipment:
Facility:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Description: Bus Shelters
Number: Two (2)
Unit Cost: 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $256,000.00 Local: 20% $64,000.00
Source of Local Funds: Town of Avon General Fund
FY 2007 Transit Capital Request: (Federal and Local Dollars) $224,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 24 ft. People Mover
Number: Two (2) People Movers
Unit Cost: $100,000.00
Replacement: X Expansion:
Equipment:
Description:
Number:
Unit Cost:
Replacement: Expansion:
FY2007 Continued
Facility:
Description: Bus Shelters
Number: Two (2) Bus Shelters
Unit Cost: 2 @ $12,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $179,200.00 Local: 20% $44,800.00
Source of Local Funds: Town of Avon General Fund
FY 2008 Transit Capital Request: (Federal and Local Dollars) $524,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 35 ft. Transit Coach, 24 ft. People Mover
Number: One (1) Coach, Two (2) People Movers
Unit Cost: $300,000 each per Coach, $100,000 each per People Mover
Replacement: (1) Coach Expansion:
(2) People Movers
Equipment:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Facility:
Description: Bus Shelters
Number: Two (2) Bus Shelters
Unit Cost: 2 @ $12,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $419,200.00 Local: 20% $104,800.00
Source of Local Funds: Town of Avon General Fund
Organization: Jown of Avon
Name: Bob Reed
Title: Director of Public Works & Transportation
Date: July 29, 2003
Signature:
VIA SECTION 5309 BUS EQUIPMENT GRANT REQUEST
COLORADO TRANSIT COALITION
Name of Agency: Town of Avon
P. O. Box 1726
400 Benchmark Road
Avon, CO 81620
Service Description: The Avon Transit System serves a community of 6,000 as the community's
lifeline to the shopping, employment, and recreational areas. This small rural community is serviced
by 37 passenger coaches and 24 passenger people movers. The Town of Avon has provided
paratransit service to the community since 1990 and will continue to do so in the future. All existing
services are linked to the Regional Transportation System and the Beaver Creek Transit System.
Private sector providers link the town to the Eagle County Airport as well as Denver, DIA and
Glenwood Springs. The system operates 365 days a year, 19 hours per day in the winter and 15
hours per day in the summer.
Fleet Size: (6) 37 passenger Transit Coaches.
(6) 24 passenger People Movers.
Number of Employees: 25 FTE
Annual miles traveled: 247,459
Annual passenger trips: 433,453
2003 Budget: Operating: $1,231,592
Primary funding sources: Town of Avon General Fund
(Sales Tax and Accommodation Tax)
Project Type Section 5309
Vehicle Replacement
2005 - $200,000
2005 - (2) 24 ft. People Movers
2006 - $275,000
2006 - (1) 35 ft Transit Coach
2007 - $200,000
2007 - (2) 24 ft People Movers
2008 - $500,000
2008 - (1) Transit Coach (2) People Movers
Vehicle Expansion
2005 - $275,000 2008- None
2005 - (1) 35 ft Transit Coach 2008 -None
2006- None
2006- None
2007- None
2007- None
Other Capital Equipment and Facilities
2005 - $1,030,000
2005 - (2) Bus Shelters, Phase H of Transit Center
2006 - $20,000
2006 - (2) Bus Shelters
2007 - $24,000
2007 - (2) Bus Shelters
2008 - $24,000
2008 - (2) Bus Shelters
Organization: Town of Avon
Name: Bob Reed
Title: Director of Public Works & Transportation
Date: October 3, 2002
Signature:
Intermountain TRP #11 concurs that this organization's submittal requesting FTA funding is
consistent with the Regional Plan.
Mick Ireland, STAC Representative
Sect ion 5309 Bus Discretionary 2005 Appropriations Request
$1,204,000 - Federal
$301,000 - Local Match
Background
The Town of Avon began the operation of its transit service in 1983 with
limited local service. This intercity bus service was created to provide a
link between Beaver Creek Resort and the Town of Avon. The Intercity
Shuttle connected the downtown businesses, hotels, lodges and residents
with the Beaver Creek Ski area for both employment and recreational
opportunities. In the late 80's, the Town of Avon began to operate a Town
Shuttle within its boundaries to better accommodate the needs of its
residents and guests. Today, the Town Shuttle operates both in the
summer and winter with a fleet of 12 transit coaches and people movers in
response to the raped growth experience by the town.
This small rural community is served through three routes with 32
passenger coaches and 24 passenger people movers. The Town of Avon
has provided paratransit service to the community since 1990 and will
continue to do so in the future. All existing services are linked with the
Regional Transportation System and the Beaver Creek Transit System.
Private sector Providers link the town to the Eagle County Airport as well
as Denver, DIA, and Glenwood Springs.
The Avon Transit System serves a community of 6,000 as their lifeline to
the employment, shopping and recreational areas. This system will
provide approximately 18,000 hour of service in 2004 and carry over
600,000 passengers. The system operates 19 per hours a day in the winter
and 15 hours per day in the summer over a 365 day period. The system
travels 300,000 service miles annually with 25 full time bus operators.
This transit system has proven to be convenient, efficient, affordable (fare
free system), and practical.
Project Description
The Town of Avon will replace the one 40-ft. bus with a low floor 35-ft. bus for
use in the Town of Avon roundabouts on Town Shuttle and Skier Shuttle routes.
The two people movers will be used for expanded service to the Village of Avon
project. This expanded service will include a GPS Information System. The Town
will begin construction of a multi-modal Transit Center. The total projected costs
for replacement vehicles, expansion vehicles, and small facilities is $1,505,000.
The Town of Avon is requesting $1,204,000 in Section 5309 funds.
Benefits of New Equipment
• Continuation of the two in town shuttle routes connecting residents
to transfer points for employment, shopping and recreational uses.
• Lower maintenance costs and less downtime with the newer
vehicles.
• Lower particulate emissions from new clean-burning electronic
diesel engines.
• Reduction of congestion and more efficient scheduling of our fleet
as our town grows.
How will the money be spent:
The Town of Avon's request for $1,204,000 plus the $301,000 local match
from the town's general fund would provide the funds to purchase one 35-
ft. coach, two 24- ft people movers, phase II of a transportation center, two
bus shelters, and a GPS information system.
The Town of Avon will purchase one 35-ft. coach and two 24-ft. people
movers to enhance and expand our existing service provided to the local
community. The construction of a transportation center in the heart of
Avon will provide a safe transition area for passengers to transfer to other
bus systems and modes of travel. It will replace a vehicle turnaround that
was built to hold two vehicles but is often crowded with up to six vehicles.
The purchase of two bus shelters will provide a safe and protected place
from the weather for our riders while also drawing attention to the system.
The GPS system will provide on time information for our riders,
Local Contribution:
The Town of Avon's local contribution for this application will come from
the general fund revenues. The largest portion of general fund revenues is
derived from sales tax collections from local businesses.
Current Fleet Size:
The Town of Avon has a current fleet size of six 35-ft. coaches and six 24-
ft. people movers to provide transit service within the community. Within
the fleet, four coaches and six people movers are ADA accessible.
Growth in the Area:
The Town of Avon community has experience an influx of new residents,
and increase in housing starts, an annexation that doubled the geographic
size of the town and a steady increase in both summer and winter visitors
to the area. In addition, recent studies have suggested that Avon would
become the future down valley transportation hub for the Vail Valley.
This area is proposed to be central to the rail corridor service (linking
Eagle County Airport and Avon) and service as the future site to be served
by the gondola service between Beaver Creek and Avon.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town ngineer 4k
Date: January 16, 2004
Re: Metcalf Basin Drainage Improvements (Nottingham Road to I-70)
Proposal / Inter-Mountain Engineering, Ltd.
Final Design & Construction Document Preparation Services
Summary: The attached Proposal for Final Design and Construction Document
Preparation Services for Storm Drainage Improvements - Metcalf Drainage Basin (Nottingham
Road to I-70) was submitted by Inter-Mountain Engineering, Ltd. The proposed services include
information gathering, surveying, mapping, coordinate design with CDOT and utility companies
and prepare corresponding Permit Applications, and complete Final Design with Construction
Documents and prepare cost estimates. The proposed cost of these services is not to exceed
$39,900 without prior written approval. The anticipated design schedule provides for submission
of Permit Applications by June 30, 2004 and Advertisement for Construction Bids by January
2005. The current approved 5-Year Capital Improvements Fund Budget includes $65,000 in 2004
for design and right-of-way acquisition and $325,000 in 2005 for this project. The cost of these
Services is within the current approved budget but the total project cost will be monitored as
revised and updated cost estimates are developed during the design process.
Approval of the Inter-Mountain Engineering, Ltd. Proposal for Final Design and Construction
Document Preparation Services for Storm Drainage Improvements - Metcalf Drainage Basin
(Nottingham Road to I-70) with an estimated cost not to exceed $39,900 without prior written
approval is recommended.
Recommendations: Approve the Inter-Mountain Engineering, Ltd. Proposal for
Final Design and Construction Document Preparation Services for Storm Drainage Improvements
- Metcalf Drainage Basin (Nottingham Road to I-70) with an estimated cost not to exceed $39,900
without prior written approval.
Town Manager Comments:
I:AFngineering\CIP\Stormwater Metcalf (Mott to I70)A2.0 Contract Serviees\2.2 Design (Engineering)\2.2.3 Service Contract\Memo Prpsl Aprvl.doc
0
ter-Mountain
A a iEngineeringud.
January 14, 2004
Ms. Anne Martens
Town of Avon
P.O. Box 975
500 Swift Gulch Road
Avon, CO 81620
Hand Deliver - 500 Swift Gulch Road
Re: Final Design and Construction Document Preparation Services
Drainage Improvements - Metcalf Basin - Nottingham Road to 1-70
Dear Anne,
Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for
professional engineering services in connection with completion of final design and
construction document preparation for the improvements recommended in the Metcalf
Gulch and Buck Creek Storm Drainage Improvements Conceptual Report for the Metcalf
drainage basins from Metcalf Road to the north side of the 1-70 culvert. We feel that we
are uniquely qualified for this project due to our solid working relationship with Town staff
and the fact that we are a local firm with extensive experience designing and building
projects of this size and scope.
The Master Drainage Study and the referenced report provides the foundation for this
work. IME prepared the Master Drainage Study for the Town in 1994, completed the
Conceptual Report in 2001, and the scope of the current project is a logical extension of
our previous work.
Over the years, IME has successfully completed many similar projects for the Town and
other clients. We are familiar with Town expectations, which will help lead to a
successful project team and a superior product. Plus, we feel that being local is a
significant asset that will allow us to be more responsive to the Town's needs.
Team Description and Profile
Inter-Mountain Engineering is a multi-disciplined civil engineering firm and an equal
opportunity employer.
The key personnel that will participate in the project will include:
• Jeffery Spanel, P.E., Senior Project Manager
• Duane "Duke" Fehringer, P.E. & P.L.S., Survey Manager
• Frederick E. Tobias, P.E., Project Manager
• Robert R. Yost, E.I.T., Design Engineer
8,392 Continental Divide Road, Suite 4107 - Littleton, Colorado 80127 - Phone: 303/948-6220 - Fax: 303/948-6526
77 Metcalf Road, 4200 • Box 978 • Avon, Colorado 81620 - Phone: 970/949-5072 • From Denver Direct: 893-1531
Z
Page 2 of 4
Resumes for each of the key individuals making up our team will be provided upon
request.
References & Project History
IME has a great deal of experience with the Metcalf Basin drainage way. Our drainage
work for the Town has included:
¦ 2001 Metcalf Gulch and Buck Creek Storm Drainage Improvements Conceptual
Report
¦ 1994 Master Drainage Study
¦ Sedimentation pond for Nottingham Lake
• Avon Recreation Center
¦ Avon Public Library
¦ Avon Municipal Building
• Avon Fire Station
¦ Nottingham Lake emergency spillway
Statement of Work
The scope of services, as defined by Town staff includes:
• Prepare construction plans for drainage improvements west of Metcalf Road to
the 1-70 culvert as outlined in the Metcalf Gulch and Buck Creek Storm Drainage
Improvements Conceptual Report for the Metcalf basin.
• Prepare construction documents, specifications and construction cost estimate
for the work.
• Coordinate approvals and permits from CDOT.
• Prepare legal descriptions for drainage and temporary construction easements
required to construct the project.
Phase I - Information Gathering
IME will gather available data, plans, and right-of-way documents from our files and
utility company as-built drawings. IME will perform the supplemental topographic survey
necessary to complete final design of the proposed improvements. Existing utilities,
drainage improvements and other surface features will be field located as necessary.
IME will contact CDOT to obtain information on all necessary reviews, submittals and
approvals that will be required.
IME will use the acquired information to prepare an existing conditions map which will
serve as the base for the proposed improvements plan. This plan will include existing
elements such as drainage channels, culverts, edge of pavement, paths/walks, curb and
gutter, driveways, signs, retaining walls, buildings, utilities, trees and other landscape
features that must be considered during the final design phase.
Page 3 of 4
Phase II - Final Design/Hydraulic Analysis
IME will complete the design of proposed storm drainage improvements. IME will
specify the location, size and elevation of grading and drainage improvements,
necessary utility relocations or adjustments, easements, and minor structures. The
design work will be conducted in accordance with Town of Avon standards and
requirements. Utility coordination, ie. submittal and plan approval through affected
agency's utilities, if any, will be provided.
[ME will meet and consult with Town staff as necessary to ensure that the design is
feasible and appropriately addresses identified issues.
Phase III - Construction Documents and Cost Estimate
The construction plan set will include a title sheet with vicinity map and general notes,
plan/profile sheets with grading, drainage, erosion control and typical details. IME will
compile a complete Project Manual with Technical Specifications, Bid Tabulation Sheets,
and Town Standard Front End Contract Documents and a cost estimate for construction.
IME will submit the design plans to Town of Avon and concurrently to CDOT for review
and comment. IME will address review comments, revise plans as necessary, and
resubmit for final approval.
During final design and construction document preparation, easement requirements will
be identified. IME will prepare up to five legal descriptions for easement acquisition
and/or temporary construction easements within the basic scope of services.
IME assumes that construction disturbance will be less than 1 acre, based on the scope
of the project. Thus, a stormwater management plan and associated submittals and
permitting is not included within the scope of this proposal.
Phase IV -Construction Contract Administration
Although it is not part of the basic scope of services for the project at this time, Inter-
Mountain Engineering would be pleased to provide construction contract administration
services for this work.
Fee
The estimated fee for the proposed basic services is $39,900.00. We will not exceed
this fee without prior approval. Our fees are detailed as follows:
1. Info. Gathering, Topographic Survey, etc. $ 6,000.00
2. Final Design/Hydraulic Analysis $14,000.00
3. Construction Documents and Cost Estimate $15,000.00
4. Easement Descriptions and Exhibits $ 4,600.00
5. Reimbursable Expenses (printing, etc.) 300.00
TOTAL $39,900.00
,l
Page 4 of 4
The services are inter-related. The total fee is broken down into tasks solely to facilitate
communication of the scope of work and the preparation and approval of progress
billings.
Hourly rates for all services are listed in the enclosed fee schedule.
Revisions in the scope of services or extra engineering required by the Town of Avon
(except for minor or insignificant changes) may necessitate changes to the design and
an associated increase in the cost of the services. All work outside the described scope
of work will be billed at the normal billing rates for the individuals assigned to the project.
IME will not perform out-of-scope work without authorization from the Town.
Conclusion
This proposal is written in response to your request. The proposal includes an overview
of our approach to the project to demonstrate our understanding of the scope of services
requested.
We feel that our experience and familiarity with the Metcalf Basin makes IME the ideal
candidate to provide the engineering services for the Storm Drainage Improvements
project. We look forward to working with the Town of Avon.
Thank you for your consideration,
?j
Frederick E. Tobias, P.E.
Project Manager
Enclosures
Please acknowledge your consent to this proposal/agreement by signing below and
returning one copy to us.
By
Date
/
0
Q Inter-Mountain
Engineering Ltd.
PROFESSIONAL FEE SCHEDULE
March 1, 2001
PROFESSIONAL FEES:
Principal Engineer $120.00/hr
Senior Engineer 90.00/hr
Project Manager 100.00/hr
Project Engineer 80.00/hr
Design Engineer 70.00/hr
Field Engineer 75.00/hr
Surveyor 90.00/hr
Survey Crew without GPS 115.00/hr
2 Man Survey Crew with GPS 137.50/hr
1 Man Survey Crew with GPS 115.00/hr
CADD Technician 70.00/hr
Technician 60.00/hr
Technical Typist 35.00/hr
Computer Processing 65.00/hr
Photocopies .15/each
Blueprinting 3.00/Sheet
Outside Services Actual Cost
+15%
Mileage @ $0.40 per mile
Scheduled overtime (after 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24
hours in advance on weekdays and on Thursday for weekends.
8392 Continental Divide Road, Suite #107 a Littleton, Colorado 80127 * Phone: 303/948-6220 • Fax: 303/948-6526
77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager c
From: Fraidy Aber, Meryl Jacobs 0-11111
Date: 1-20-03
Re: Vail Daily Advertising Contract
Summary: The Avon Recreation Center is planning to advertise with the Vail Daily to
promote the rec center and recreational programs. In order to receive a better than standard
rate, The Rec Center needs to sign a frequency contract with the Vail Daily. This contract
outlines that we will advertise with the Daily 5/month for ten months, at any size we choose.
Background: The rec center began advertising with the Vail Daily in October of 2003 for
rec programs and would like to continue this effort in 2004. Before this, the rec center did not
advertise the center or the center's programs in the Daily very often. We are shifting some
advertising dollars this year in an effort to try some outlets that we haven't used in the past.
Financial Implications:
Since this is a frequency contract, it does not have a specific amount bound to it. The
minimum the rec center is committing to spend is $2,157 at the smallest ad size. With 2 larger
sized ads per month we will be spending $3,107.
In addition the Vail Daily has always matched our Event Ads in kind.
Town Manger Comments: (&e
Ujto?
Attachments:
Contract, Rate Sheet -----
COLORADO MOUNTAIN
DEWS MEDIA
Effective Date: Account Code: 0.
This alliance between ?vl 0 (--k-\
hereinafter known as the advertiser, and the Vail Daily is for
consecutive months commencing a CA AL-f,? 1,222114 and
This proposal by the Vail Daily takes into consideration the
commitment of the advertiser and is based on the information provided.
It's our promise to you.
-
IDaily
11ey Enterprise
Leadville Chronicle
Glenwood Springs Post Independent
Rifle Citizen Telegram
Carbondale Valley Journal
Summit Daily News
Summit County Journal
Aspen Time Daily
Aspen Times Weekly
Snowmass Village Sun
Roaring Fork Sunday
SPECIALTY PUBLICATIONS
Mountain Homes & Properties
Vail By Mail
FRF NC
y
Annual Seasonal
SIZE
Varied 114 page or less
CI?IiLY FREQUENCY
9 10-18
Home Focus Weekly
Inserts
Monthly
1/4 to 1/2 Page
19-27
- jt.
Vail Daily
Aspen Times
Leadville Chronicle
Summit Daily News
The Citizen Telegram
Roaring Fork Sunday
Snowmass Village Sun
Eagle Valley Enterprise
Summit County Journal
Glenwood Post-Independent
The Bargain Bunter Shopper
Summit County Journal
Other:
Rate Pub
ROPD
Full Page Inserts
2S+
OTHER
Ivfarkcting Consultant Advertiser Ad i ,ec r / Publisher
By V71 By By ` Y Byy
Date ?- Date Datc Date
Adverbs no rates re based on monthly frequency. The basis for three rates arc freque cy and s72c of ads placed by the advettiscr within a calendar
month. If the advertiser doesn't meet the minimum required (5 ads per month) they will rate at open rate. The, advertisef also agrcrs to abide by the terms
and conditions of the credit policies of the Colorado Mountain News Mcdia _ Unfulfilled agreements may bo subject to short rating. Minimum size ad is
7_ Mint advertise 10 out of 12 montlis an annual frequency agreements and 4 out of 12 months on seasonal contracts. Pick-up rates era non-contracted,
A pick-up ad i5 defined as the identical ad running in another publication that is a secondary market for the customer. Guaranteed prcferrcd placement i.?
based on availability of page. space and 52 week commitment. If Icss than 52 wcck couutlitnicnt for prefcn cd placement, advertiser is subject to being
pre-ornpted from position.
Office Use Only:
date input into PBS agreement type
£88-d £OO/ZOO'd P9£-i R(!ep J!rA-01 weip:l! 1'O-ZZ-urf
Frequency
T ?.
Size Inches 5-9 times 10-18 times 19-27 times 28 plus
Full Page 10" x 15" $768.45 $656.83 $592.43 $505.19
70% 10' x 10.42' $537.91 $459.78 $414.70 $357.61
2/3 Page 6.6" x 15' $512.30 $437.89 $394.96 $3.10.58
112 page (V) 4.89' x 15' or (H) 10' x 7.42' $384.22 $326.41 $29622 $255.43
47°;, 6 6" . 10 42 $3f,i 60 308.2._ $278.01 $239.73
42% 4.89' x 12.42' $321.97 $275.20 $246.22 $214.04
3b1, d 81)' x 1() -12' $270 45 $231.1 7 $208.50 $,179.80
1/3 page (V) 3.21' x 15' or (H) 6.6' x 7.42' $257.57 $220.16 $198.58 $171.24
301, 6.80' x 6.42" $223 23 $190.8ii $17'2.11; $148.40
114 page (V) 4.89' x 7.42' or (H) 6.6' x 5.42' $193.18 $165.12 $148.93 $128.43
231- 3.21' , 10 42' S18U 34 $154.11 $139.00 $111186
22% 4.89' x 6.42' $167.42 $14110 $129.07 $111.30
20% 6.60' x 4.42" $154.54 $132.10 11119.15 $,102.74
19% 3.21' x 8.42 $145.96 $124.76 $112.53 $97.03
18°J. 4.89' x 5.42 $141.66 $121.09 $109.22 $94,18
17% 3.21' x 7.42' $128.79 $110.08 $99.29 $85.62
1490 3.21' x 6.42' $111.61 $95.40 $86.05 $74.20
1/8 page 3.21' x 5.42' $94.96 $81.17 $73.21 $63.13
ill/. 4.89' x 3.42" $90.65 $77.48 $69.89 $60.26
10% 3.21' x 4.42' $77.70 $66.41 $59.90 $51.65
8% 3.21 x 3.42' $60.43 $51.65 $46-59 $40 18
1/16 page 3.21' x 2.42' $43.17 $36.90 $33.28 $28.70
Spot Color
Full Page
10" x 15'
$858.45
$746.83
$682.43
$595.19
70'8 10' x 10.42' $597.91 $519.78 $474.70 $417.61
213 Page 6.6' x 15" $569.30 $494.89 $451 96 $397.58
112 page (V) 4.89' x 15' or (H) 10' x 7.42' $424.22 $368.41 $336.22 $295.43
47% 6.6" x 10.42" $397.28 $341.90 $314.69 $2'6.41
42% 4,89' x 12.42' $353.65 $306.88 $279.90 $245.72
35% 4.89' x 10.42' $297.45 $258.17 $235.50 $206.80
1/3 page (V) 3.21' x 15' or (H) 6.6' x 7,42' $280.91 $243.50 $221.92 $194.58
30% 6.60' x 6.42' $242.13 $209.7 0 $191.00 $167 30
114 page (V) 4.89' x 7.42' or (H) 6.6° x 5.42' $208.18 $180.12 $163.93 $143.43
231/. 3.21' x 10.42" $195.30 $169.11 $154.00 $134,86
22°1 4.89' x 6.42' $162.42 $158.10 $144.07 $126.30
20°1 6.60" x 4.42' 5169.54 $147.10 $134.15 $117.74
19% 3.21' x 8.42' $160.96 $139.76 $127.53 $112.03
18% 4.89' x 5.42" $156.66 $136.09 $124.22 $109.18
17% 3.21' x 7.42' $143.79 $125,08 $114.29 $100.62
14% 3.21' x 6.42' $126.61 $110.40 $101.05 $8920
1/8 page 3.21' x 5.42' $109.96 $96.17 $88.21 $78.13
11% 4.89'x 3.42' $105.65 $92.48 $84.89 $7526
10% 3.21'x 4.42' $92.70 $81.41 $74.90 $66,65
8% 3.21' x 3,42' $75.43 $66.65 $61.59 $55.18
1/16 page 3.21' x 2.42' $58.17 $51.90 $48.28 $43.70
Full Color
Full Page
10" x 15'
$948. is
$836 83
$772.43
$685.19
70% 10' x 10.42' $681.91 $603.78 $558.70 $501.61
2/3 Page 6.6' x 15' $652.31 $577.90 $534 97 $480.59
112 page (V) 4.89' x 15' or (H) 10' x 7.42' $504.22 $448.41 $416.22 $375.43
47% 6.6' x 10.42' $476.61 $:12.1233 $394.02 $355.7 4
42% 4.89' x 12.42' $431.98 $385.21 $358.23 $324.05
35% 4.89' x 10.42' $372.45 $333.17 $310.50 $281.80
1/3 page (V) 3.21' x 15' or (H) 6.6' x 7.42' $357.57 $320.16 $298.58 $27124
30% 6.60" x 6.42' $317.91 $285.48 $266.78 $243.08
1/4 page (V) 4.89' x 7.42' or (H) 6.6' x 5.42' $283.18 $25512 $238.93 $218.43
23% 3 21' 10 42' ; 270.30 $244 11 3:'29.00 $209 86
22% 4.89' x 6.42' $257.42 $233.10 $219.07 $201.30
20% 6.60' x 4 42' $24454 1222.10 $209 15 $192 74
19% 3.21' x 8.42' $235.96 $214.76 $202.53 $187.03
18% 4.89' r 5 12' $231.60 $211.09 $199.22 $184.18
17% 3.21 x 7.42' $218.79 $200.08 $189.29 $175.62
14% 3x 6.42' $201_61 $135.40 $176 05 $1t420
1/8 page 3.21 x 5.42' $184.96 $171.17 $163.21 $153.13
11% -1.89" x 3.42)' $180.6.5 $1 f, 7.4,8 $159 89 ? 150
10% 3.21' x 4.42' $167.70 $156.41 $149.90 $141.65
n-11 321' >: 3.42' $15Q.43 $141.65 $136.59 $130.18
1/16 page 3.21' x 2.42' $133.17 $126.90 $123.28 $118.70
Frequency based on the number of ads running per calendar month
updated 10.21.03
effective 11.
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Direct 1;?_
Date: January 22, 2004
Re: Resolution 04-03 Adoption of New Investment Policy
Summary:
The purpose of an investment policy is to establish the investment scope, objectives,
delegation of authority, standards of prudence, reporting requirements, internal controls,
eligible investments and transactions, diversification requirements, risk tolerance, and
safekeeping and custodial procedures for the investment of funds of the Town.
As was discussed during MBIA's presentation to Council in November, one of MBIA's
services is to review the Town's current investment policy. While the fundamentals of the
Town's current policy remain unchanged, financial markets, investment technology, state
statutes and general securities laws have all changed over the past several years. This revised
investment policy has been updated and expanded to encompass these changes.
The Town Attorney has reviewed and approved this policy and Clifton Gunderson will review
the policy during the course of their upcoming audit.
Please find attached Resolution No. 04-03 adopting a revised investmentpolicy for the Town
Town Manager Comments:
Page 1
k
RESOLUTION NO. 04-03
SERIES OF 2004
A RESOLUTION ADOPTING AN INVESTMENT POLICY
WHEREAS, The Town adopted its current investment policy on October 22,
1996; and
WHEREAS, The Town of Avon wishes to continue to operate a contemporary
and comprehensive treasury management program; and
WHEREAS, Numerous changes in public cash management and investment
practices have occurred over the past several years.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of
the Town of Avon, Colorado, adopts in its entirety a revised Investment Policy, a copy of
which is attached.
ADOPTED AND PASSED, this 27th day of January, 2004
TOWN OF AVON
By:
Albert D. Reynolds
Mayor
ATTEST:
Patty McKenny
Town Clerk
2
TOWN OF AVON, COLORADO
INVESTMENT POLICY
January 27, 2003
1. Policy
It is the policy of the Town of Avon to invest public funds in a manner that will provide the
highest investment return with maximum security while meeting the daily cash flow demands of
the Town and conforming to all state and local statutes governing the investment of public funds.
2. Purpose
The purpose of this investment policy is to establish the Town of Avon's investment scope,
standards of prudence, objectives, authority, eligible investments, safekeeping and custody
requirements, diversification, and internal controls.
3. Finance Committee
The members of the finance committee shall meet as necessary to determine general strategies
and monitor results. The finance committee shall include in its deliberations such topics as:
economic outlook, portfolio diversification and maturity structure, potential risks to the Town's
funds, brokers and dealers, and the rate of return on the investment portfolio.
4. Scope
This investment policy applies to all investment activities of the Town of Avon. All financial
assets of other funds, including funds that may be created from time to time, shall be
administered in accordance with the provisions of this policy. These funds are accounted for in
the Town's Comprehensive Annual Financial Report and include:
a. General Fund
b. Special Revenue Funds
c. Debt Service Funds
d. Capital Project Funds
e. Internal Service Funds
f. Enterprise Funds
g. Trust and Agency Funds
5. Objectives
The primary objectives of the Town of Avon's investment activities shall be:
a. Preservation of capital and protection of investment principal.
b. Maintenance of sufficient liquidity to meet anticipated cash flows.
Town of Avon
Investment Policy
Page 2
c. Diversification to avoid incurring unreasonable market risks.
d. Attainment of a market rate of return.
e. Conformance with all applicable Town policies, and State and Federal regulations.
6. Authority
The ultimate responsibility for the investment of the funds of the Town of Avon covered by this
Investment Policy resides with the Town Council. The Town Council has delegated to the
Finance Director responsibility for developing policy regarding the investment and custody of the
Town's funds.
The Finance Director shall develop written administrative procedures and internal controls,
consistent with this Investment Policy, for the operation of the Town's investment program.
Such procedures shall be designed to prevent losses of public funds arising from fraud, employee
error, misrepresentation by third parties, or imprudent actions by employees of the Town.
The Finance Director may delegate the authority to conduct investment transactions and manage
the operation of the investment portfolio to other specifically authorized staff members. The
Finance Director shall maintain a list of persons authorized to transact securities business for the
Town. No person may engage in an investment transaction except as expressly provided under
the terms of this Investment Policy.
The Town may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the Town's financial resources.
7. Prudence
The standard of prudence, as defined by the Colorado Revised Statutes (CRS), to be used for
managing the Town's assets is the "prudent investor" rule applicable to a fiduciary, that states
that a prudent investor "shall exercise the judgment and care, under circumstances then
prevailing, which men of prudence, discretion, and intelligence exercise in the management of
the property of another, not in regard to speculation but in regard to the permanent disposition of
funds, considering the probable income as well as the probable safety of their capital." (CRS 15-
1-304, Standard for Investments.)
The Town's overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust. The Town recognizes that no investment is
totally without risk and that the investment activities of the Town are a matter of public record.
Accordingly, the Town recognizes that occasional measured losses are inevitable in a diversified
portfolio and shall be considered within the context of the overall portfolio's return, provided that
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Town of Avon
Investment Policy
Page 3
adequate diversification has been implemented and that the sale of a security is in the best long-
term interest of the Town.
The Finance Director and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the Town Council and appropriate action is taken
to control adverse developments.
8. Ethics and Conflicts of Interest
Elected officials and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or that
could impair or create the appearance of an impairment of their ability to make impartial
investment decisions. Investment officials and employees shall disclose to the Town Manager
any material financial interests they have in financial institutions that conduct business with the
Town, and they shall subordinate their personal investment transactions to those of the Town.
9. Internal Control
The Finance Director shall establish a system of internal controls to ensure the integrity of the
investment process. The system shall be designed to prevent loss of public funds through fraud,
error, misrepresentation by third parties, or imprudent actions by elected officials and employees
of the Town. The system of internal controls shall be reviewed periodically by the Town's
independent auditor.
10. Authorized Securities and Transactions
All investments shall be made in accordance with Colorado Revised Statutes as follows: CRS
11-10.5-101, et seq., Public Deposit Protection Act; CRS 11-47-101, et seq., Savings and Loan
Association Public Deposit Protection Act; CRS 24-75-601, et seq., Funds - Legal Investments;
CRS 24-75-603, et seq., Depositories; CRS 24-75-701 and 702, et seq., Investment Funds -
Local Government Pooling. Any revisions or extensions of these sections of the CRS will be
assumed to be part of this Investment Policy immediately upon being enacted. Only the
following types of securities and transactions shall be eligible for use by the Town:
a. U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds, and
Treasury Strips with a final maturity not exceeding five years from the date of purchase.
b. Federal Agency Securities: Debentures and mortgage-backed securities with a stated
final maturity not exceeding five years from the date of purchase issued by the
Government National Mortgage Association (GNMA).
6
Town of Avon
Investment Policy
Page 4
C. Federal Instrumentality Securities: Debentures, discount notes, callable, step-up, and
stripped principal or coupons with a final maturity not exceeding five years from the date
of purchase issued by the following only: Federal Farm Credit Bank (FFCB), Federal
Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC), and
Federal National Mortgage Association (FNMA).
d. Repurchase Agreements with a termination date of 180 days or less collateralized by
U.S. Treasury securities or Federal Instrumentality securities listed above with a final
maturity not exceeding ten years. For the purpose of this section, the term collateral shall
mean purchased securities under the terms of the PSA Bond Market Trade Association
Master Repurchase Agreement as modified by the Town's Master Repurchase Agreement
Annex. The purchased securities shall have a minimum market value including accrued
interest of 102 percent of the dollar value of the transaction. Collateral shall be held in
the Town's third-party custodian bank as safekeeping agent, and the market value of the
collateral securities shall be marked-to-the market daily.
Repurchase Agreements shall be entered into only with counterparties who have executed
a Master Repurchase Agreement with the Town and who are recognized as Primary
Dealers with the Federal Reserve Bank of New York. Primary Dealers approved as
Repurchase Agreement counterparties shall have a short-term credit rating of at least A-1
or the equivalent and a long-term credit rating of at least A or the equivalent by each
service that rates the firm.
e. Commercial Paper with an original maturity of 270 days or less that is rated at least A-1
by Standard & Poor's, P-1 by Moody's, or F1 by Fitch at the time of purchase by each
service that rates the commercial paper. If the commercial paper issuer has senior debt
outstanding, the senior debt must be rated at least A by Standard & Poor's, A2 by
Moody's, or A by Fitch by each service that rates the issuer. No more than 5% of the
Town's total portfolio may be invested in the commercial paper of any one issuer, and the
aggregate investment in commercial paper shall not exceed 20% of the Town's total
portfolio.
f. General Obligation Debt with a final maturity not exceeding five years issued by any
state of the United States or any political subdivision, institution, department, agency,
instrumentality, or authority of any state that is rated at least A by Standard & Poor's, A
by Moody's or A by Fitch at the time of purchase by at least one such service that rates
the entity.
g. Revenue Obligation Debt with a final maturity not exceeding five years issued by any
state of the United States or any political subdivision, institution, department, agency,
instrumentality, or authority of any state that is rated at least AA by Standard & Poor's,
Aa by Moody's or AA by Fitch at the time of purchase by at least one such service that
rates the entity.
U
Town of Avon
Investment Policy
Page 5
h. Local Government Investment Pools organized under CRS 24-75-701 and CRS 24-75-
702 that are "no-load" (no commission fee charged on purchases or sales of shares); have
a constant net asset value of $1.00; limit assets of the fund to U.S. Treasury obligations,
Federal Instrumentality securities, repurchase agreements collateralized by U.S. Treasury
or Federal Instrumentality securities, and commercial paper; have a maximum stated
maturity and weighted average maturity in accordance with Federal Securities Regulation
2a-7; and have a rating of AAAm by Standard & Poor's, Aaa by Moody's, or AAANl+
by Fitch.
Money Market Funds registered under the Investment Company Act of 1940 that are
"no-load" (no commission fee charged on purchases or sales of shares); have a constant
net asset value of $1.00; limit assets of the fund to U.S. Treasury obligations, Federal
Instrumentality securities, repurchase agreements collateralized by U.S. Treasury or
Federal Instrumentality securities, and commercial paper; have a maximum stated
maturity and weighted average maturity in accordance with Federal Securities Regulation
2a-7; and have a rating of AAAm by Standard & Poor's, Aaa by Moody's, or AAA/V1+
by Fitch.
j. Time Certificates of Deposit with a maturity not exceeding one year in any state bank,
national bank, or state or federal savings and loan association located in Colorado that is a
member of the Federal Deposit Insurance Corporation, and meets the credit criteria set
forth in the section of this Investment Policy, "Selection of Financial Institutions as
Depositories and as Providers of General Banking Services." Certificates of deposit that
exceed FDIC insurance limits shall be collateralized as required by the Public Deposit
Protection Act or the Savings and Loan Association Public Deposit Protection Act.
It is the intent of the Town that the foregoing list of authorized investments be strictly
interpreted. Any deviation from this list shall have advance approval by the Town Council in
writing.
11. Investment Diversification
It is the intent of the Town to diversify the investments within the portfolio to avoid incurring
unreasonable risks inherent in over investing in specific instruments, individual financial
institutions or maturities. The asset allocation in the portfolio should however, be flexible
depending upon the outlook for the economy, the securities market and the Town's anticipated
cash flow needs. Diversification strategies and guidelines shall be determined and revised
periodically by the Finance Committee.
12. Investment Maturity and Liquidity
To the extent possible, investments shall be matched with anticipated cash flow requirements and
known future liabilities. Unless matched to a specific cash flow requirement, the Town will not
invest in securities maturing more than five years from the date of purchase. The Town shall
6
Town of Avon
Investment Policy
Page 6
maintain at least 15% of its total investment portfolio in investments maturing in 120 days or
less. At least 10% of the portfolio shall be invested in overnight investments or securities that
can be sold to raise cash on one day's notice.
13. Selection of Broker Dealers and Financial Institutions Acting as Broker/Dealers
The Finance Director shall maintain a list of authorized broker/dealers and financial institutions
that are approved for investment purposes, and it shall be the policy of the Town to purchase
securities only from those authorized institutions and firms.
To be eligible, a firm must meet at least one of the following criteria:
a. Be recognized as a Primary Dealer by the Federal Reserve Bank of New York, or
b. Report voluntarily to the Federal Reserve Bank of New York, or
c. Meet the securities dealer's capital adequacy requirements of the New York Federal
Reserve Bank and provide written certification to the Town that the requirements have
been met on a continuous basis for the previous twelve-month period.
Broker/dealers and other financial institutions will be selected by the Finance Director on the
basis of their expertise in public cash management and their ability to provide service to the
Town's account. Each broker/dealer, bank or savings and loan that has been authorized by the
Finance Director shall be required to submit and annually update a Town approved
Broker/Dealer Information Request form that includes the firm's most recent financial
statements. The Finance Director shall maintain a file of the most recent Broker/Dealer
Information forms submitted by each firm approved for investment purposes. Broker/Dealers
shall also attest in writing that they have received a copy of this Policy.
The Town may purchase commercial paper from direct issuers even though they are not on the
approved broker/dealer list as long as they meet the criteria outlined in the Section, "Authorized
Securities and Transactions" of this Investment Policy.
14. Competitive Transactions
Each investment transaction shall be competitively transacted with broker/dealers who have been
authorized by the Town. At least three broker/dealers shall be contacted for each transaction and
their bid and offering prices shall be recorded.
If the Town is offered a security for which there is no other readily available competitive
offering, then the Treasurer will document quotations for comparable or alternative securities.
When purchasing original issue instrumentality securities, no competitive offerings will be
required as all dealers in the selling group offer those securities at the same original issue price.
Town of Avon
Investment Policy
Page 7
15. Selection of Financial Institutions as Depositories and as Providers of General Banking
Services
The Finance Director shall maintain a list of authorized financial institutions that are approved to
provide depository and other banking services for the Town. To be eligible for authorization, a
bank must be a member of the FDIC and must meet the minimum credit criteria (described
below) of credit analysis provided by commercially available bank rating services. Banks failing
to meet the minimum criteria, or in the judgment of the Finance Director no longer offering
adequate safety to Town, may be removed from the list.
The Town shall utilize the commercially available bank rating services of PMA Financial
Network, Inc. or Sheshunoff Information Services to perform a credit analysis on banks seeking
authorization. Data obtained from the bank rating services will include factors covering overall
rating, liquidity, credit quality, interest rate spread, profitability, and capital adequacy.
To be eligible for designation to provide banking services, a financial institution shall qualify as
a depository of public funds in Colorado as defined in CRS 24-75-603, and provide the Town
certification of such qualification and shall meet at least one of the following credit criteria:
a. have a Sheshunoff Peer Group Rating of 30 or better on a scale of zero to 99 with
99 being the highest quality for the most recent reporting quarter; or
b. have a PMA Financial Network, Inc. overall rating of three or better on a scale of
one to five with one being the highest quality for the most recent reporting quarter.
The Finance Director shall maintain a file of the most recent credit rating analysis reports
performed for each approved financial institution by one of the above listed rating firms. Credit
analyses shall be performed at least semi-annually on all approved banks.
16. Safekeeping and Custody
The Finance Director shall approve one or more financial institutions to provide safekeeping and
custodial services for the Town. A Town approved Safekeeping Agreement shall be executed
with each custodian bank prior to utilizing that bank's safekeeping services. To be eligible for
designation as the Town's safekeeping and custodian bank, a financial institution shall meet at
least one of the following criteria:
a. have a Sheshunoff Peer Group Rating of 20 or better on a scale of zero to 99 with
99 being the highest quality for the most recent reporting quarter; or
b. have a PMA Financial Network, Inc. overall rating of three minus or better on a
scale of one to five with one being the highest quality for the most recent
reporting quarter.
The Finance Director shall maintain a file of the credit rating analysis reports performed for each
approved financial institution.
vt
Town of Avon
Investment Policy
Page 8
The purchase and sale of securities and repurchase agreement transactions shall be settled on a
delivery versus payment basis. Ownership of all securities shall be perfected in the name of the
Town, and sufficient evidence to title shall be consistent with modern investment, banking and
commercial practices.
All investment securities, except certificates of deposit, local government investment pools and
money market funds purchased by the Town will be delivered by either book entry or physical
delivery and will be held in third-party safekeeping by the Town's approved custodian bank, its
correspondent bank or the Depository Trust Company (DTC).
All Fed wireable book entry securities owned by the Town shall be evidenced by a safekeeping
receipt or a customer confirmation issued to the Town by the custodian bank stating that the
securities are held in the Federal Reserve system in a Customer Account for the custodian bank
which will name the Town as "customer."
All DTC eligible securities shall be held in the custodian bank's Depository Trust Company
(DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing
that the securities are held for the Town as "customer."
All non-book entry (physical delivery) securities shall be held by the custodian bank's
correspondent bank and the custodian bank shall issue a safekeeping receipt to the Town
evidencing that the securities are held by the correspondent bank for the Town as "customer."
The custodian bank shall furnish the Town monthly reports of security holdings and safekeeping
activity.
17. Portfolio Performance
The Town's investment portfolio shall be designed to attain a market value rate of return
throughout budgetary and economic cycles, taking into account prevailing market conditions, risk
constraints for eligible securities, and cash flow requirements. The performance of the portfolio
shall be compared to the average yield on the U.S. Treasury security that most closely
corresponds to the portfolio's weighted average effective maturity. When comparing the
performance of the Town's portfolio, all fees involved with managing the portfolio shall be
included in the computation of the portfolio's rate of return net of fees.
18. Reporting
The Finance Director shall prepare quarterly an investment report listing the investments held by
the Town and the market value of those investments. The report shall include a summary of
investment earnings and performance results during the period.
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Town of Avon
Investment Policy
Page 9
19. Policy Revisions
This Investment Policy shall be reviewed periodically by the Finance Director and amended by
the Town Council as conditions warrant.
kk