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TC Council Packet 08-10-2004STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN C UNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD AUGUST 10, 2004, AT `L'.q (5 PM AT THE WILDRIDGE FIRE STATION LOCATED AT 2120 SADDLE RIDGE LOOP, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:45PM - 4:15 PM 1) Council Committee Updates: Transit Discussion a. Discuss transportation options to Beaver Creek (Mac McDevitt) b. Water Update (Debbie Buckley and Norm Wood) 4:15PM - 4:30 PM 2) Traer Creek Update: Update on recent changes at Traer Creek (John Dunn and Larry Brooks) 4:30PM - 5:00 PM 3) Capital Improvements Budget Discussion a. Discuss Avon's Potential 2005 Capital Projects: A First Draft of the Capital Projects Fund 5-Year Plan. A List of Potential Capital Projects as prioritized by Council in the 2004 Capital Projects Fund (Norm Wood) 5:00PM - 5:25 PM 4) Staff Updates a. CIP Funding Request to Eagle County. Requests Eagle County consider specific projects in their Capital Projects Program Budget (Norm Wood) b. Community Development Update: Update on Community Development Projects; L'Auberge at Beaver Creek, Barrancas PUD update, Comprehensive Plan update & Building Code Workshop update (iambi Katieb) c. Tree Transplant Plan: Update on Transplanting trees from the Village to Nottingham Park (Bob Reed) 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. • Comments from the public are welcome. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 6, 2004: ? Avon Municipal Building, Main Lobby ? Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Norman Wood From: GREER, Gary L [ggreer@sah.com] Sent: Thursday, August 05, 2004 11:21 AM To: Norman Wood; Les Botham Subject: FW: From Scanner 9J From-Sca.pdf I received this letter from Glenn Porzak. It seems to blindside Avon with yet another demand. I am surprised he took this to the board for action based on my letter of July 14. Is this the first we've heard of the 120% requirement? He says the other districts have complied with it. Do we have documentation of that? What does the Town's rep on the Authority board know of this? -----Original Message----- From: Administrator [mailto:document-sender@sah.com] Sent: Thursday, August 05, 2004 12:03 PM To: GREER, Gary L Subject: From Scanner ----------------------------------------------------------------- Please open the attached scanned PDF document. Number of pages: 1 Document type: B/W Document Attachment File Format: Adobe PDF Porzak Browning & Bushong LLP Glenn E. Porzak A t t o r n e y s a t L a w Michael F. Browning 929 Pearl Street. Suite 300 • Boulder. CO 80302 Steven I Bushong 303 443-6800 • Fax 303 443-6864 P. Fritz Holleman Kristin Howse Moseley Kevin J. Kinnear Amy W. Beatie August 3, 2004 Gary L. Greer, Esq. Sherman & Howard, LLC 633 Seventeenth Street, Suite 3000 Denver, CO 80202 Dear Gary: Lawrence J. MacDomtell Of Counsel Vail Office: 846 Forest Road Vail, CO 81657 970-477-5419 Tel. 970477-5429 Fax. The Board of Directors of the Upper Eagle Regional Water Authority discussed your July 14, 2004 letter at its recent meeting. After considerable discussion, the Board is not willing to amend the current agreement regarding the number of SFEs that the Authority will serve for the amount of water rights dedicated under the parties' Amended and Restated Water Lease. The Board's water dedication policy requires that an entity seeking water service dedicate 120% of the water rights required to meet the water service demand at full build out. The other members of the Authority have leased or conveyed to the Authority water rights that are in general compliance with the 120% rule. As the 120% policy was not in effect at the time of the formation of the Authority, the Board was willing to enter into the Amended and Restated Water Lease with Avon on the basis that the service commitment was limited to 3975 SFEs. However, the Board has decided that it is not willing to modify the terms of the acceptance of the existing Avon lease until the Town has complied with the 120% policy. In calculating compliance with the 120% policy, the Authority will accept Avon's contention of reduced water demand based on the smaller size of Benchmark Lake and park irrigation. Please do not hesitate to call me if you have any further questions regarding this matter. Sincerely, Glenn E. Porzak cc: Board of Directors Dennis Gelvin 1 i? rd8579 V Memo To: Honorable Mayor and Town Council Thru: Lang Brooks, Town Manager From: Norman Wood, Town Engineer Date: August 4, 2004 Re: Capital Projects Fund 5-Year Plan Summary: A First Draft of the Capital Projects Fund 5-Year Plan is attached. We have also included a list of Potential Capital Projects as prioritized by Council in the 2004 Budget process and General Descriptions for potential projects. Changes in this draft of the Capital Projects Fund 5-Year Plan include construction of the Nottingham Road Improvements from Buck Creek to Metcalf Road during 2006 instead of 2007. This change was made because of the rapidly deteriorating condition of this section of road. Another change was moving construction of the Metcalf Road Drainage Improvements from 2006 to 2007. This change was made to better coordinate construction with the revised Nottingham Road construction schedule. This Draft of the Capital Projects Fund 5-year Plan seems to indicate a healthy fund with a minimum ending fund balance of $1,910,465 in 2006 increasing to a high of $5,130,058 in 2009. We have included additional capital projects on the Potential Capital Projects list that Council may wish to consider prioritizing for inclusion in the Capital Projects Fund 5-Year Plan. These projects should be rated from 1 to 5 with 5 being highest priority and 1 being lowest priority. We will use these priority ratings to incorporate these projects into a second draft for Council consideration. We would also like input from Council with respect to other potential projects that may not be listed, but should be considered in the final plan. Council may also want to look at the prioritized list and possibly remove some of the lower rated projects from the Plan. Open discussion and input from Council is extremely critical to the development of a long range capital improvements plan that not only provides infrastructure consistent with the needs of the Town but also establishes a direction and plan to implement the vision of the Council. Town Manager Comments: 1:\Engineering\Administration\CIP Budget\2005Nemo- 1. Doc POTENTIAL CAPITAL PROJECTS 2005 CIP BUDGET August 3, 2004 Proposed 2004 Budget Importance Project Year Rating 1) Comprehensive Plan Development 2004 26 2) Nottingham Road - I-70 to Buck Creek Rd. 2004/2005 26 3) Nottingham Road - Buck Creek Rd. to Metcalf Rd. 2005/2006 26 4) Metcalf Road Improvements 2008 24 5) Transportation Center 2004/2005 24 6) Wildridge Traffic Calming / Pedestrian Circulation 2004/2005 23 7) East Avon Redevelopment (Main Street Extension) 2010 22 8) Wildridge - Emergency / Bike Access 2010 22 9) Town Center Mall / Town Center Plan Implementation 2004/2005 20 10) Drainage - Metcalf (Nottingham Rd. to 1-70) 2004 18 11) Swift Gulch Rd. Bikepath (Paving to Village I-70) 2004 18 12) Swift Gulch Road Bikepath (RA 1 to Maintenance Shop) 2008/2009 18 13) Drainage - Metcalf Road 2006/2007 17 14) East Beaver Creek Boulevard Improvements 2004/2008/2009 17 15) I-70 Information Center 2010 17 16) Wildridge Park Improvements & Playground 2005 16 17) Paving / Road Improvements 2004 thru 2010 16 18) Swift Gulch Road Relocation Deleted 16 19) Municipal Parking Facilities 2010 15 20) Drainage - W. Beaver Creek Blvd. (I-70 to Railroad) - 2006/2007 14 21) Avon Road Pedestrian Bri dge 2010 14 22) Planning & Consulting 2004 thru 2010 13 23) Wildridge Pavilion 2010 12 24) Public Works Equipment Storage & Work Area Buildings 2010 10 25) Wildridge Pocket Park - New in Block 5 2010 10 26) Wildridge Pocket Park - Upper Area (New in Block 3 or 4) 2010 10 27) Eaglebend Drive Streetscape Improvements 2005/2006 10 28) Recreation Center Phase II 2010 10 29) Public Works Administration Building 2010 9 30) Municipal Government - Space Needs Analysis 2010 7 31) 3-D Zoning & Retail Plan - Core Area (New) 5 32) Lighting Conversion 2004/2005/2006 4 33) Eagle River Whitewater Park, Access & Viewing Area (New) 4 Other Potential Projects: a) Tract J - Remove Center Bridge Pier b) Tract J - New Pedestrian Bridge Over Eagle River c) Historic Preservation Fund (Annual Matching Contribution) d) Water Rights Acquisition e) Nottingham-Puder Ditch Restoration f) Nottingham Lake Pump Station Expansion g) Soccer Field - Artificial Turf 1:\Engineering\Administration\CIP Budget\2005\Priority List 2005.Doc a 00 O O 0 0 N p d Ci N m N M M ? 69 0 p O W 0 0 O O O(O 000 t D CO n O ENO M M O( O V N ` N N ? 69 ' ' 0 0 M C QCi 0 0 Q 1 Q j NQ) 0 p ? co co O N c0 c0 N p N U ? 69 m' 2 i p p 0 i Cl) O co O O 0 O O O O O O O O M O Nm (D Cl) O M N 0 N N N N r er ? 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U m cm w r 0Um m m q ? LuZ °c m N E Z?•p r >.E m a- CL m m o 0 0? -N mU m > w m C ?' C U C m m m 01 W p p d 0 cm '(U, N C C C W co N a 2)0 m > E m m m !? U m m c a 'm o m m to ( U- LL n U) c c m a o N m 0 co caW m o?? ` 00= m m ami Ul C _ CQm >L) O otS c T G Q Q t 1= C m , r t0 U (? 05 -0 c c U .. m Y (O (`0 o O «> > o, C Q Q m m 'rn O m U C C c cu - t? o U .? C. >O O>> j 0 C? ? G w ( m O j f0 l0 V d m Z 0) C U (n U _ +: r2 a N C C y ?.++ Q F' N 01 V V C 10 ID 3 ((pp U m c e(p? m cu U Y V CL O m m 2 d) m m QI G= a •C m m C : E C v d L l6 O m m `? 3 3 a WW ro)cn u . « m . E U momm m m ?a > -= C +> E m m om E m m L_rn f ?m??3 o»m ° c?a i ?U- -j In w c OP U m rn m d c 0 U m t x CIP BUDGET - 2005 to 2010 & BEYOND CAPITAL PROJECTS - GENERAL DESCRIPTIONS August 2, 2004 Avon Road Pedestrian Bridge Description: Pedestrian Bridge over Avon Road located between the Union Pacific Railroad and Benchmark Road. Budget: 2010 & Beyond $ 500,000 Drainage - Metcalf (Nottingham Rd. to I-70) Description: Improvements between Nottingham Road and I-70 drainage structures as required to maintain storm water capacity recommended by Metcalf Drainage Study and Preliminary Design. Budget: 2004 $ 65,000 2005 $ 325,000 Revised Budget: 2004 $ 250,000 Proposed Funding: Water Fund Drainage - Metcalf Road Description: Improvements along Metcalf Road to maintain storm drainage and reduce erosion, per recommendation in Metcalf Drainage Study and Preliminary Design. Budget: 2005 $ 285,000 2006 $1,517,000 Revised Budget: 2006 $ 285,000 2007 $1,517,000 Proposed Funding: Water Fund Drainage - W. Beaver Creek Blvd. (I-70 to Railroad) Description: Stormwater Improvements per Metcalf Drainage Study and Preliminary Design, from I-70 to railroad tracks in vicinity of West Beaver Creek Blvd. and Benchmark Condominiums. Budget: 2005 $ 40,000 2006 $ 200,000 Revised Budget: 2006 $ 40,000 2007 $ 200,000 Proposed Funding: Water Fund I:\EngineeringlAdministration\CIP 13udget\2005\Proj Dscrpt Drft-l.Doc V Eaglebend Drive Streetscape Improvements Description: Extend Streetscape Improvements Including Curb, Gutter, Streetscape Lights and Bikepath Along Eaglebend Drive from Nottingham Station to Stonebridge Drive and Extend Bikepath to US Highway 6 Budget: 2005 $ 40,000 2006 $ 380,000 Special Funds: Eaglebend Housing Authority $ 50,000 CDOT Enhancement Grant Funds (Tentative) $ 149,000 East Beaver Creek Blvd. Improvements Description: Streetscape Improvements Including Traffic Control Medians, Sidewalks, Pedestrian Areas and Bicycle Lanes from End of Existing 5-Lane Section to Village at Avon Connection. The First Amendment to the Annexation and Development Agreement requires construction of these improvements commence no later than April 15, 2005 and be complete on or before December 31, 2005. Note: The Revised Budget is based on terms of an anticipated agreement with Traer Creek regarding municipal services fees. If this Agreement is not finalized prior to adoption of the Budget we will revise to the original schedule. Budget: 2004 $ 142,000 2005 $1,175,000 Revised Budget: 2004 $ 12,000 Special Funds: Village at Avon (2004) Village at Avon (2005) Village at Avon (2008) Village at Avon (2009) 2008 $ 130,000 2009 $ 1,175,000 $ 142,000 Revised $ 12,000 $1,175,000 Revised $ 130,000 Revised $1,175,000 I-70 Information Center Description: Facility for Dissemination of Information to I-70 Travelers and Area Visitors. Status: The scope and magnitude of this project is currently undefined. Budget: 2010 & Beyond - $ 100,000 Metcalf Road Improvements Description: Reconstruct Metcalf Road from Nottingham Road to Wildwood Road. Improvements May Include Additional Lanes to Accommodate Left Turn Movements and Uphill Passing Along with Paved Shoulders for Bike and Pedestrian Traffic. Status: This Project is not well defined at this Time and Proposed Budget is based on Order of Magnitude Cost Estimate Only. Project May Become Better Defined with Completion of Stormwater and Drainage Project for the Metcalf Road Basin. Budget: 2008 $ 1,000,000 I:AEngineering\AdministrationACIP Budget\2005\Proj Dscrpt Drft-I.Doc T I Municipal Government - Space Needs Analysis Description: Evaluate Existing and Future Space Needs for the Town Based on Projected Administration Needs, Level of Public Services to be Provided and Required Staffing Levels. Needs Analysis Could Include Town Council / Public (Meeting & Communications), Police Department, Recreation, Administrative Functions and Swift Gulch (Transit / Public Works / Engineering). Status: Recommend postponing analysis pending reevaluation of required staffing levels with economic conditions. Budget: 2010 & Beyond $ 25,000 Municipal Parking Facilities Description: Centrally Located Parking Structure Constructed Independently by the Town or in Cooperation with and in Conjunction with Private Development. Status: Included in recommendations in both Town Center Plan and East Avon Access and Circulation Plan. Relatively High Cost Project. Estimated Cost is from Draft Town Center Plan. Budget: 2010 & Beyond $ 7,000,000 Nottingham Road Improvements - I-70 to Buck Creek Road Description: Widen Nottingham Road to Four Lanes from Roundabout No. I to Buck Creek Road, Construct Roundabout at Nottingham Road/Buck Creek Road Intersection and Widen Nottingham Road to Three Lane Section from Buck Creek Road to East Entrance at Sherwood Meadows, Construct Streetscape Improvements Including Curb & Gutter, Sidewalks, Streetscape Lighting and Landscaping Along Length of Improvements Note: Improvements May Include Relocation of Swift Gulch Road Connection from Nottingham Road to Buck Creek Road. This Change is Pending Response from Owner of Wildwood Resort and is listed as a separate project with cost estimate. Status: Final Design is substantially complete and ready to develop easement and right-of-way descriptions for acquisition. Budget: 2004 Right-of-Way & Easement $ 340,000 2005 Construction & Admin. $ 2,210,000 Nottingham Road Improvements - Buck Creek Road to Metcalf Road Description: Streetscape Improvements Including Curb, Gutter, Sidewalk, Bus Stop Pull-Out, Pedestrian Level Lighting, Stormwater & Drainage Improvements and Asphalt Leveling & Resurfacing Between East Entrance to Sherwood Meadows and Metcalf Road. Status: Design for this Portion of the Nottingham Road Improvements Project is Nearing Completion and Inter-Mountain Engineering (IME) is Expected to have it Complete Before Year-End. The Proposed Budget is based on a Combination of Preliminary Construction Cost Estimates Prepared by IME and Other Costs as Estimated by Staff. Proposed Right-of-Way Acquisition is Scheduled for 2005 and Construction is scheduled for 2006. I:\Engineering\Administration\CIP Budget\2005\Proj Dscrpt Drft-I.Doc 1 Note: We are proposing this project be moved forward ]-year due to the rapidly deteriorating condition of the existing Nottingham Road pavement. Budget: 2006 Right-Of-Way & Easement $ 168,000 2007 Construction $ 1,347,000 Revised Budget: 2005 Right-of-Way & Easements $ 168,000 2006 Construction $ 1,347,000 Paving/Road Improvements Description: Annual Street Resurfacing and Pavement Maintenance Program Generally Consisting of Asphalt Overlays and Related Surface Treatments. Status: Projects will be Determined Annually Based on Various Street Conditions Existing at that Time. Budget: 2005 $ 300,000 2006 $ 300,000 2007 $ 250,000 2008 $ 250,000 2009 $ 250,000 2010 & Beyond $ 250,000 Planning & Consulting Description: Consulting Services for Various Planning Projects That May Arise Throughout the Year. Status: Annual Budget Item to Address Miscellaneous Unscheduled Planning Issues That May Occur During the Year. Budget: 2005 $ 25,000 2006 $ 25,000 2007 $ 25,000 2008 $ 25,000 2009 $ 25,000 2010 & Beyond $ 25,000 Public Works - Administration Building Description: Replace Existing Modular Building with Permanent Structure to House Public Works, Transit and Engineering Departments Administrative Functions. Status: Relatively High Cost Project. Project Needs May Become Better Defined as Impacts of ECO Changes and Potential Partnership Issues Are Resolved. Budget: 2010 & Beyond $ 1,500,000 Public Works - Equipment Storage & Work Area Buildings Description: Enclosed and Heated Shop Space for Woodworking, Sign Making and Other Similar Activities Plus Storage of Weather & Temperature Sensitive Equipment Such As Street Sweepers and Water Tank/Spray Equipment. Status: Moderate Cost Project. Project Needs May Become Better Defined As Impacts of ECO Changes and Potential Partnership Issues Are Resolved. Budget: 2010 & Beyond $ 750,000 1:\Engineering\Administration\CIP Budget\2005\Proj Dscrpt Drft-1.Doc 16 Recreation Center Phase II Description: Phase II Expansion of the Recreation Center Could Include Expanded Cardio-Weight Area, Additional Administration & Storage Space, Climbing Wall, Meeting Rooms and Gymnasium. Status: Relatively High Cost Project. Estimated Cost is not based on Specific Project and Actual Costs May Vary Significantly as Actual Scope of Project is Defined. Budget: 2010 & Beyond $ 3,500,000 Swift Gulch Road Relocation Description: Realign Swift Gulch Road from behind Pizza Hut to cross Wildwood Resort, Lot 1 and connect with Buck Creek Road. Current connection and right-of-way to Nottingham Road would be vacated in exchange for right- of-way across Lot 1. Status: Preliminary layout and cost estimates were prepared by Inter-Mountain Engineering and the preliminary layout has been forwarded to Ray Nielsen for consideration in preparation of their proposed Cottonwood PUD application. Potential Cost Sharing with Cottonwood. Note: The owner of Wildwood Resort (CottonwoodPUD) has indicated they are no longer interested in the possible relocation of Swift Gulch Road in conjunction with the current development plan they are considering. Budget: 2008 $ 67,000 2009 & Beyond $ 710,000 Revised Budget: None Town Center Mall / Town Center Plan Implementation Description: Construct vehicular, transportation and pedestrian way through Town Center Mall to Nottingham Park. Improvements include bus pullout areas, on street parking and pedestrian sidewalks and streetscape. Other improvements include reconfiguration of existing lot lines and relocation of Benchmark Road. Status: RNL Design has just completed and presented a Draft of the Proposed Town Center Plan. Project Budget in 2004 to provide for minimum construction required with potential Lot 61 PUD Development. Budget: 2004 $ 1,200,000 2009 & Beyond $2,000,000 Revised Budget: 2004 $ 100,000 2005 $ 1,100,000 2010 & Beyond $ 2,000,000 Potential Funding: Local Improvement District, Confluence Metropolitan District & Adjoining Property Owners Note: Proposed Budget has been revised to reflect Improvements Design in 2004 and Construction during 2005 to correspond with potential development of Lot 61. L\EngineeringWdministration\CIP BudgetQO05\Proj Dscrpt Drft-1.Doc Transportation Center Description: Centralized Transportation Hub Where Multi Transportation Modes Connect and Interact - Potential Interactions Include Automobile, Local Buses, Regional Buses, Passenger Rail, Local Transportation System (Cableliner), Beaver Creek Gondola/Funicular and Pedestrians. Status: Project is Concept only and Details of Final Project Design and Actual Costs Are Highly Variable and Dependent Upon Other Development in the Area. CDOT Funds for This Project Are Currently Listed in the STEP for 2003. This Timing is also expected to Correspond with Anticipated Development of the Confluence Site. Budget: 2004 $ 800,000 2005 $1,200,000 Revised Budget: 2004 $ 100,000 2005 $1,900,000 Special Funds: CDOT Grant Anticipated 2004 $ 640,000 CDOT Grant Anticipated 2005 $ 960,000 Revised CDOT Grant 2004 $ 80,000 Revised CDOT Grant 2005 $1,520,000 Note: Proposed Budget has been revised to reflect Improvements Design in 2004 and Construction during 2005 to correspond with potential development of Lot 61. Wildridge - Emergency / Bike Access Description: Improved Access Across USFS Land Proposed for Land Trade and Affordable Housing Development From Nottingham Road Through Proposed Housing Development to Wildridge. Surface of Access to be Determined as Project is Defined Following Completion of the Land Trade and Housing Development Plans. Status: Project is a Concept Only and Estimated Cost is Based Only on an Order of Magnitude Cost Estimate. Costs May Vary Significantly as Project Design is Developed and Refined. Budget: 2010 & Beyond $ 850,000 Wildridge Park Improvements & Playground Description: Phase II Development Of Existing Park At Intersection Of Old Trail Road and O'Neal Spur - Potential Phase II Improvements Include Expanded Lower Area With Playground, Improved Play Areas, Picnic Shelters and Connecting Trails. Status: Specific Improvement Plans Have Not Been Developed at this Time. Level of Improvements Could be Based Upon Extent of In-House Resources Available for Construction and Amount of Potential Grants Received from Various Sources. Budget: 2005 $ 150,000 1:\Engineering\Administration\CIP Budget\2005\Proj Dscrpt Drft-I.Doc ?? Wildridge Pavilion Description: Building With Open Floor Plan, Restrooms and Minimal Kitchen Facilities Which Can Be Utilized For Local Group Meetings, Individual Parties, Wedding Receptions and Similar Type Functions - Easily Accessed with Adequate Parking for Anticipated Activities. Status: Moderate Cost Project. Estimated Cost Does Not Include Land Purchase for Development. Cost Could Increase Significantly if not Constructed on Existing Town Owned Property. Budget: 2010 & Beyond $ 500,000 Wildridge Pocket Park - New in Block 5 Description: Small Neighborhood Pocket Park Located on Town Owned Tract Q with Minor Landscaping and Small Playground. Status: Moderate Cost Improvement. Specific Improvement Plans Have, Not Been Developed at this Time. Level of Improvements Could be Based Upon Extent of In-House Resources Available for Construction and Amount of Potential Grants Received from Various Sources. Budget: 2010 & Beyond $ 150,000 Wildridge Pocket Park - Upper Area (New in Block 3 or 4) Description: Small Neighborhood Pocket Park Located in the Upper Areas of Block 3 or 4 with Minor Landscaping and a Small Playground. Status: Moderate Cost Improvement. Requires Acquisition of Appropriate Site for Development of Park. Specific Improvement Plans Have Not Been Developed At This Time. Level of Improvements Could Be Based Upon Extent of In-House Resources Available for Construction and Amount of Potential Grants Received from Various Sources. Budget: 2010 & Beyond $ 250,000 Wildridge Traffic Calming / Pedestrian Circulation Description: This Project is expected to include a Variety of Improvements Directed at Reducing Conflicts Between Vehicles and Pedestrians. Improvements Are Expected to Include Open Space Pedestrian Trails Connecting Concentrated Residential Development Areas with Destination Areas, Sidewalks or Paved Paths Adjacent to More Heavily Traveled Roads, Widened and Paved Shoulders, and Use of Various Design Techniques to Encourage Reduced but Realistic Vehicles Speeds Throughout the Area. Status: Project is a Concept Only and Proposed Budget is Based Only on an Order of Magnitude Cost Estimate. This May Develop as an On-Going Project With Some of the Smaller Projects Implemented During the Course of Normal Repair and Maintenance Activities. Costs May Vary Significantly, as Project Design is Developed and Refined. Budget: 2004 $ 20,000 2005 $ 135,000 l:\Engineering\Administration\CIP Budge02005Troj Dscrpt Drft-I.Doc /3 Comprehensive Plan Description: The primary goal of a Comprehensive Plan is to develop a working document that contains specific goals and policies related to the Capital Improvement Program of the Town and future development and redevelopment proposals. The Comprehensive Plan will also create a framework of `quality of life' indicators specifically tailored to the Town, as well as provide an analysis and forecast of economic opportunities and constraints as they relate to the continued provision of quality public services in an expanding resort community. Budget: 2004 $ 85,000 Revised Budget: 2004 $ 95,000 East Avon Redevelopment Description: Redevelopment and reconfiguration of area east of Avon Road as necessary to extend "Main Street" from Roundabout 4 (with or without Avon Road Crossing Solution) east to Chapel Place and on through Chapel Square to East Beaver Creek Blvd which becomes Main Street through The Village to Home Depot and Wal-Mart. Estimated Cost: The cost of this project has not been estimated at this time. This can vary significantly depending upon property owner participation, project configuration, timing of various components and undefined constraints, obstacles and opportunities. Budget: 2010 & Beyond $ 2,000,000 Swift Gulch Road Bikepath (Paving to Village I-70 Interchange) Description: This project is to reimburse the cost of asphalt paving on bikepath adjacent to Swift Gulch Road from Buffalo Ridge to the new I-70 Interchange being constructed by The Village (at Avon). This project is in conformance with and required by the First Amendment to The Village (at Avon) Annexation and Development Agreement. Budget: 2004 $ 45,000 Swift Gulch Road Bikepath (Roundabout 1 to Public Works Facility) Description: This project is to construct a paved bikepath easterly along the northerly side of I-70 from Roundabout 1 to connect with the existing bikepath at the entrance to the Swift Gulch Public Works Facility. This section of bikepath would complete a path that currently extends from Metcalf Road to Buffalo Ridge and with the completion of Swift Gulch Road by The Village (at Avon), will extend to the new I-70 Interchange. This is expected eventually connect with the Eagle County trail system that is proposed through Dowd Junction to connect with the Vail Pass and beyond trails. Budget: 2008 $ 20,000 2009 $ 260,000 L\Engineering\Administration\CIP Budget\2005\Proj Dscrpt Drft-1.Doc N 3-1) Zoning & Retail Plan - Core Area Description: This project is not fully defined at this time but appears to include expansion of prior actions along with current and proposed projects. This project seems to tie directly to the recent 3-D Zoning approved on Lot 61, implementation of the Town Center Plan, completion of the Comprehensive Plan and preparation of a plan for redevelopment of the East Avon Business District. Budget: No budget has been established for this project. Lighting Conversion Description: This project includes a lighting study to evaluate existing lighting conditions, adoption of an ordinance to correct identified problems and design and reconstruction of existing Town lighting to bring into conformance with adopted lighting ordinance. Budget: 2004 $ 30,000 2005 $ 50,000 2006 $ 1,020,000 Eagle River Whitewater Park, Access & Viewing Area Descriptions: This project is not fully defined at this time. It seems that this project can best be developed in conjunction with development of the Confluence Site. This site seems to provide the best opportunity to take advantage of accessible, undeveloped river frontage. Development opportunities on this site could be used to enhance potential river development of Town owned parcels along and including the Eagle River through the Town of Avon. Budget: No budget has been established for this project. Other Potential Projects Tract J - Center Bridge Pier Removal Description: Remove concrete center pier that is still in Eagle River following removal of the old bridge structure and end abutments, Estimated Cost: $ 45,000 Tract J - Pedestrian Bridge Over Eagle River Description: Construct new pedestrian bridge across Eagle River connecting Bikepath with US Highway 6, replacing unsafe structure removed from Tract J. Estimated Cost: $ 280,000 Historic Preservation Fund Description: Establish a fund to provide matching funds for private sector donations to be used for the preservation of items of cultural and historic significance to the Town. An example of this is the old water wheel located by Canyon Run which was used to generate electricity. Estimated Cost: $ 25,000 / Year 1:\Enginecring\Administration\CIP Budget\2005\Proj Dscrpt Drft-I Doc 15 Water Rights Acquisition Description: Purchase additional water rights to maintain integrity of Nottingham Lake storage and provide service to future development and potential up-zoning in the Town Center. Estimated Cost: $ 200,000 - $ 1,000,000 Nottingham-Puder Ditch Restoration Description: The headgate and the adjoining concrete lined section of Nottingham- Puder Ditch has deteriorated to the extent that ditch flow are significantly reduced. The concrete lined ditch section has partially collapsed and further deterioration could result in all flows being blocked. This ditch is a major source of water for Nottingham Lake and thus it is important that it be maintained. This ditch carries water rights for the Town of Avon and Traer Creek with rights being split approximately 50-50 with maintenance and repair costs split accordingly. Estimated Cost: Total $ 150,000 Estimated Revenue: Traer Creek $ 75,000 Nottingham Lake Pump Station Expansion Description: Increase capacity of existing pump station to allow irrigation of Nottingham Park in a shorter time frame. Existing pump station capacity requires irrigation of the park during times of public activities. Estimated Cost: $ 75,000 Soccer Field - Artificial Turf Description: Replace natural turf on soccer field with artificial turf. This would reduce irrigation requirements and maintenance costs while maintaining a consistent playing surface throughout the summer. Estimated Cost: $ 500,000 I:\Engineering\Administration\CIP Budget\2005\Proj Dscrpt Drft-1.Doc I W Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: August 4, 2004 Re: CIP Funding Request to Eagle County Summary: The attached packet was sent. to Eagle County Finance Director, Mike Roeper. This'packet requests Eagle County consider specific projects in their Capital Projects Program Budget. The request is summarized on the attached Project Request. Mike Roeper called and has invited us to do a 30-minute presentation of our request to the Eagle County Capital Improvements Committee at 11:00 AM, Friday, August 13, 2004. The purpose of the presentation is to provide reasoning for Eagle County funding and respond to questions regarding the projects. We would like to confirm priorities and Council concerns regarding these projects prior to meeting with the Committee. Town Manager Comments: 1:\EngineeringlAdministra6onNiseellaneous\Fagic County CIP\Memo- ],Doc It TOWN OF AVON PROJECT REQUEST EAGLE COUNTY CAPITAL IMPROVEMENTS COMMITTEE 2005 -2009 Project: Town of Avon Recreation Center Phase II Project Date: 2005 Project Design Project Construction 2006 Estimated Project Cost: 2005 $ 400,000 2006 5,650,000 Total Estimated Cost $ 6,050,000 Potential Funding Sources: Town of Avon $ 3,025,000 Eagle County 3,025,000 Total Potential Funding $ 6,050,000 Project: US Highway 6 / Stonebridge Drive Round about Project Date: Project Design & R/W Acquisition 2006 Project Construction 2007 Estimated Project Cost: 2006 $ 75,000 2007 550,000 Total Project Cost $ 625,000 Potential Funding Sources CDOT $ 275,000 Eagle County 350,000 Total Potential Funding $ 625,000 Project: Avon Road Pedestrian Bridge Project Date: 2007 Project Design Project Construction 2008 Estimated Project Cost: 2007 $ 50,000 2008 600,000 Total Project Cost $ 650,000 Potential Funding Sources: Town of Avon $ 325,000 Eagle County 325,000 Total Potential Funding $ 650,000 1:\EngineeringWdministrationNiscellaneous\Eagle County CiP\Eagle Co CIP 2005.Doc 1 l Project: US Highway 6 / Confluence Roundabout Project Date: 2005 Estimated Project Cost: $ 650,000 Potential Funding Sources: Vail Resorts $ 487,500 Eagle County 162,500 Total Potential Funding $ 650,000 Project: Avon /Confluence Transit Center Project Date: Project Design 2005 Project Construction 2006 Estimated Project Cost: 2005 $ 400,000 2006 4,000,000 Total Project Cost $ 4,400,000 Potential Funding Sources: CDOT/FHWA Grant $ 1,600,000 Town of Avon 200,000 Vail Resorts 1,440,000 Eagle County 1,160,000 Total Potential Funding $ 4,400,000 I:\Engineering\Administration\Miscellaneous\Eagle County CIP\Eagle Co CIP 2005.Doc 2 T? L0_ AV _ N_ C O L O R A D O Mike Roeper, Director Eagle County Finance P.O. Box 850 Eagle CO 81631 Fax: 970-328-3519 Dear Mr. Roeper: June 14, 2004 Purr O iCt' Bn.i 400 Bem-ltmark Ri)ad 970-74N-4000 970-944-Y131) hak y7U-345-'708 T] Y Thank you for your notice regarding Eagle County's 5-Year Capital Improvement Program and budget process. The Town of Avon would like to submit the following projects for inclusion in the 2005 budget and consideration in an extended capital plan. A Capital Improvement Project Worksheet is enclosed for each project. The proposed projects in descending order of priority are: 1. Avon Recreation Center Phase II 2. US Highway 6/Stonebridge Intersection Roundabout 3. Avon Road Pedestrian Bridge 4. US Highway 6/Confluence Roundabout 5. Avon/Confluence Transit Center We look forward to once again participating in the Capital Improvements Committee and if you have any questions or need additional information with respect to.the attached Worksheets, do not hesitate contact me at 970-748-4045 or by e-mail at nwoodaavon.org. Sincerely, 7 7, Norman Wood, P.E. Town Engineer cc: Larry Brooks I:\EngineeringUAdministration\Miscellaneous\Eagle County CIP\05 CIP Request-1 Doc s N a? LO 0 . N = c Y A cr O W n O c E CL z w w o CL H Q ? r? t? Q ?. ? J W A W v? ?U V ?W J <v( U V v ?a ?w x? J O VQ ?1 v v O 4 ? W ?c W ? LY q U O 0 D L1 ?t CL 0 H O 0 h 72 YI d NNN a ?jl u r 1 4 o c -mi 8 w O t- '^ . ;, V O a ?g m y 6 r d m m I m N_ C_ V I Lo N v a m L 1, 3 4i N ?>p C m A V r 01 A C YY? 0 a C c t 01 91 9 t°- I' a O ? g U D 4 U. W c N C N ?S n n to *INS V a c A .... S 3 y ?a ?e a? ?Rl N 0 m Y 0 3 U cr a W O cr a CL Q u 1 NQ U t0 H c 3 Co 171 H 41 v A "d' 61 tg?L ? C N ? V 0 R, O W r Z . . . 9 N LO O N m 0 H W ? W U) Y a O - 3 ? 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O w Ch 0 N a O 0 N tC N W Y U n O cr- F-, z w' 0 cr 2 J F,_-- Q 3 y 5 u. i3 41 G V 4 w ?o t"0 Memo To: Honorable Mayor and Town Council ThnL Larry Brooks, Town Manager From: Tambi Katieb, Community Developmen k`- Dilm August 3, 2004 Re: Community Development Update NEART of the VALLEY_ C O L O R A D O Community Development will be providing you all with a brief update of several items at your work session, including: ¦ L' Auberge (Chateau) at Beaver Creek Status • Barrancas PUD Update ¦ Comprehensive Plan update ¦ Building Code Workshop Update Community Development Update to Council August 10, 2004 Work session Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works Date: 8/5/04 Re: trees Summary: The Town of Avon was recently approached by Traer Creek about the possibility of acquiring some of their trees that are currently located along Post Blvd. It would be a good opportunity to acquire some quality (10 to 14 ft.) trees at less than half the cost of purchasing them at even wholesale costs. Discussion: The Public Works Dept. has identified locations for as many as fourteen of these trees at various locations around Town. We could replace three trees we have lost in the landscaping at Swift Gulch, three at the waterfall sign that were never replaced, and as many as eight on the lower tier at the Oneal Spur Park in Wildridge. Financial Implications: At a cost of about $750 per tree to move (depending on accessability with a spade truck), a total of fourteen trees would cost about $10,000. Recommendation: The Parks Dept. was planning on spending about $5,000 out of the Parks and Mall budget for trees to be planted this fall. Approve an additional $5000 and we can gK fill those locations with trees that would normally take us three years to accomplish. Alternatives: None Proposed Motion: Approve $5,000 budget amendment to the Parks Budget (62206 - Landscaping and Plant Materials) Town Manager Comments: 0?'? C:\Documents And Settings\Lbrooks Seib s\T por Fi1es\OLK3\C ouncil Memo - Trees.Doc TOWN OF AVON REGULAR COUNCIL MEETING AGENDA AUGUST 10, 2004 - 5:30 PM MEETING TO BE HELD AT WILDRIDGE FIRE STATION, 2120 SADDLE RIDGE LOOP, AVON, CO 1. Call to Order / Roll Call 2. Citizen Input a. John Forstman - New Business in Avon b. Tambi Katieb - L'auberge Developer introduction to council 3. Resolutions 4. Ordinances Second Reading and Public Hearing a. Ordinance No. 04-11, Series of 2004, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof (John Dunn) - Second Reading (Public Hearing) Addresses concerns with wildlife and refuse containers b. Ordinance No. 04-12, Series of 2004, Proposed Revisions to Chapter ° 16 (Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code - Second Reading (Public Hearing) An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of Building Height, and Parking (iambi Katieb) - Ordinance proposes several revisions to both the Zoning and Subdivision Codes c. Ordinance No. 04-13, Series of 2004, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions - Second Reading (Public Hearing) (Norm Wood) - Ordinance that addresses the Exception to Construction Hour Limitations Under Certain Conditions. First Reading 5. New Business Appeal of a Planning & Zoning Commission Decision on July 20, 2004 to deny Sketch Plan Design Application (Ken Kovalchik / Tambi Kateib) (Quasi Judicial) Applicant: Victor Mark Donaldson / Shane Bohart Legal: Lot 30, Block 2, Wildridge Subdivision Street Address: 2631 Bear Trap Road, Avon, CO 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the July 27, 2004 Regular Council Meeting Minutes 12. Adjournment P MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: WILDLIFE ORDINANCE DATE: JULY 28, 2004 With this memorandum is a revised ordinance which contains the revisions included in the motion adopting the ordinance on first reading. I have blacklined the changes for easy reference. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 04-11 SERIES 2004 AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8, Avon Municipal Code, are repealed. Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the addition of a new Chapter 8.32 to provide as follows: 8.32.010 Purpose The purpose of this Chapter 8.32 is to protect and maintain wildlife in the Town of Avon and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. 8.32.020 Definitions A. Wildlife Any undomesticated animal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. B. Resident Any person, firm, corporation or organization within the Towm of Avon or on Town controlled land. C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic container or dumpster with a metal or plastic lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. D. Wildlife-Proof Refuse Container Any refuse container which has been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S. Forest Service. 8.32.030 Residential Refuse Disposal A. All residential refuse containers that receive garbage and/or refuse edible by wildlife must either be wildlife resistant or wildlife proof or be kept within a hem°, ^ar°^° shed ^r et fully enclosed and secured structure. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way at or after 6:00 a.m. of the morning of the pickup; provided, wildlife-proof containers may be placed curbside after 6:00 a.m. of the day before. After pickup, the containers must be re- secured in an appropriate manner by 7:98 p.m. before the end of the same day. 8.32.040 Special Event Refuse Disposal Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate containers or enclosures secured in a manner to prevent access by wildlife or shall be removed to a disposal site. 8.32.050 Construction Site Refuse Disposal All construction sites must have a designated container that receives refuse edible by wildlife, or such refuse shall be removed from the site by the end of each day. Such container shall eithe be a wildlife resistant o wildlife-proof or- container thm is emptied at the end of each wor-kday and the 1CV lJ of whieh are aer.ess by ?A44dlife .-moved to a disposal site. 8.32.040 Feeding Wildlife Prohibited A. No person shall intentionally or unintentionally feed or provide food in any manner for wildlife on public or private property within the Town of Avon. Persons will be considered to be in violation of this chapter if they leave or store any garbage, refuse or food product in a manner that would create an attraction for wildlife. B. No person shall leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure, attraction or enticement for wildlife. C. Between the dates of April 15th and November 15th, all bird feeders must be suspended on a cable or other device so that they are inaccessible to bears, and the area below the feeders must be kept free from the accumulation of seed debris. D. This Section 8.32.040 shall not apply to: 1) Any individual, company or corporation that is duly licensed by the State of Colorado or otherwise entitled under law to possess a wildlife species; 2) Any action that is officially sanctioned by the State of Colorado that would require feeding, baiting or luring of wildlife. (An example of one such action would be scientific projects dealing with capturing and tagging wildlife); 3) the feeding of wild birds, unless the bird feeder begins to attract other forms of wildlife. 8.32.050 Penalty Assessment Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be handled in the following manner: A. First Violation: The first violation of the Chapter will result in a Notice of Violation to an alleged offender. The alleged offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and use of bear resistant containers. Said notice shall include a reasonable time schedule for compliance. An alleged offended who timely complies with the first Notice of Violation will not be subject to the penalty provisions of this Chapter. B. Second Violation: The second violation of this Chapter will result in another Notice of Violation, as well as a Summons and Complaint. Two Notices of Violation within a twelve (12) month period will subject the violator to the penalty provisions of this Chapter. Failure to comply with the first Notice of Violation within the designated time frame may be deemed a second violation. The second Notice of Violation shall include a compliance schedule when applicable. C. Subsequent Violation(s): Offenders who have violated this Chapter more than two times within a twelve (12) month period or continue to fail in achieving timely compliance with a previous notice will be subject to a graduated fine schedule as set forth herein. 8.32.060 Penalties A. The graduated fine schedule for the penalty assessment procedure is as follows: Warning for the first violation $100 to $250 fine for the second violation within the twelve (12) months of the first violation, or failure to comply with the designated compliance schedule associated with the first violation. $250 to $1000 fine for each successive violation within twelve (12) months of the previous violation, or failure to comply with the designated compliance schedule associated with the second or subsequent violation. B. In addition to the criminal enforcement set forth above, The Town of Avon may seek an injunction or other appropriate civil relief to enforce the provisions of this Chapter. 8.32.070 Violator's Responsibilities In addition to the penalties outlined herein, upon order of the police department, violators will be required to perform all necessary actions to remove or abate attractions of wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife resistant containers and/or wildlife proof containers. 8.32.080 Notice of Violation A resident shall be deemed to have been issued an appropriate Notice of Violation if it is personally served upon the resident, posted on the resident's premises or placed in the U.S. Mail, postage prepaid and addressed to the resident according to the last known address given by the resident to any Town of Avon or Eagle County government department. If the identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. Section 3. Penalties. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 27th day of July, 2004 and a public hearing shall be held on this Ordinance on the day of August, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Memo To: Honorable Mayor and Town Council From: Tambi Katieb, Community Development Director Date August 2, 2004% Re: Second Reading of Ordinance 04-12, proposed revisions to Chapter 16 (Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code - Public Hearing Summary: Attached to this memo is Ordinance 04-12 that proposes- several revisions to both the Zoning and Subdivision Codes. The Ordinance shows existing provisions, and where applicable, a strikethrough followed by the proposed revision. The Ordinance was passed on first reading on July 27, 2004, with a request to staff to better communicate findings to applicants prior to holding the initial public hearing without necessarily adding more review time to the process. The following language is proposed in the attached version for adoption in this regard: (4) The Community Development Department will review preliminary findings and recommendations on PUD applications with the applicant (or applicant representative) at least 6 days in advance of the initial formal hearing before the Planning Commission. The changes presented in the ordinance are the result of several meetings with Town Council and the Building Community wherein an exchange on how we can revise/improve our process in both design review, zoning and subdivision code matters took place. Likewise, staff and Council have considered and discussed several of the proposed changes to the Zoning Code over the last year an effort to improve our process while remaining protective of the need to regulate development to the desires of the Town Council and citizens. Ordinance 04-12 proposes to amend the Avon Municipal Code with respect to the following: • Building Height Definition: Clarify the measurements within and outside the structure proposed, to avoid continued confusion and changing interpretation by staff over the years. • Clarify administrative procedures related to all zoning applications, requiring complete applications and scheduling within 30 days of that determination. • PUD Submittal Requirements and PUD Amendment procedures: Establishing minimum submittal requirements for all applications, addressing applications proposed in conjunction with a development agreement, and setting forth several new submittal requirements. • Development agreements and PUD applications: Establishing the use of development agreements and PUD application minimums. • Coordination of Public Notice provisions with Preliminary Subdivision applications: Avoiding confusion (as recently experienced on several PUD applications) when sending public notice out for Commission and Council public hearings by consolidating the notice for both applications. • Clarification of existing parking standards for Commercial Land Use: Correcting a typographic error in the new codebook for Shopping and Convenience Goods (retail). • Revised SPA/PUD definition and notice provision in the Subdivision Regulation: Coordinating the consolidated public notice approach with PUD applications to match the language proposed in the PUD regulations. Staff and the Town Attorney will be available at your meeting to answer any questions that you may have on the proposed amendments. Recommendation: Staff recommends adoption of Ordinance 04-12 on Second Reading after holding a public hearing. Town Manager Comment Attachments: 1/ Ordinance 04-12 2/ Planning & Zoning Commission Resolution 04-19 F .arming & Zoning Commission\Memos\2004\DRG and AMC CHANGES 2004 72004.doc n ORDINANCE NO. 04-12 AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT, AND PARKING BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: TITLE 17 ZONING Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is amended as follows: 17.08.160 Building height. Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof, or sloping roof to the existing grade directly below said point. Maximum Building Height Interior Section ILLS. M.s Bu? M-6- auk" Hel9ft orig rWMXMftV (trade Maximum Building Height Exterior Section Showing Envelope N.T.S. Imaginary line runs parallel to existing grade limiting building height ?y Area exceeding height limitation when measured to finished exterior grade Proposed finished grade J Existing grade Height measurements i Proposed finished grade at walkout Section 2. Amendment. Subsection (a) of Section 17.12.1'00, Chapter 12 of Title 17, Avon Municipal Code, is amended as follows: h i titi esitien ef Whieh Fequir-es eal the dis (a) Upon filing a hearing be ef an app fore either- on er- ap eat en, pe the Plamning and- Ze- , p p fliffig Gewifnissien er- the T-own r + +l'' Titl d shall b et wh;^t te for- the hearin Getineil, or- both, h t a e, the d f d 30 n g of the applieatien e ate of filin shall be not f r-eeeipt of th ner-e t afl e deeumen rom ays ( ) t. g (a) Upon filing of an application, the disposition of which requires a hearing before either the Planning and Zoning Commission or the Town Council, or both, pursuant to this Title, a date for the hearing shall be set which shall be not more than (30) days from the date of acceptance of the complete application, unless otherwise specified by specific Chapter of this Title. 4 Section 3. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: (c) Development review procedures. + (3) An :Yilioat:"„ far- " ?• PUD apprvvu7 im$t c be submitted cv the Depa-+..,crrc 1 "•• „•••;?•"•? ? ? v?-rvc to cm-cpurcm vz-Gviiuiiuaia ty Development at least ?.r[i meeting of the Plafming and Zoning Commission.. -A repert of the Geffhmu*4y Development DepaFtment staffs findings and r-eeenuneRdatiens shall be fflade at the initial fee al hear-ing befer-e the Plamning Gemmisssien. A iepeFtof tl? r-epoi4 shall then be tfa-asmitted to the Town Gotineil. The Town Getmeil shall this ed (3) A complete application for a PUD must be submitted to the Department of Community Development at least thirty (30) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. A report of the Community Development Department findings and recommendations shall be made at the initial formal hearing before the Planning Commission. A report and resolution of the Planning Commission stating its findings and recommendations, and the staff report shall then be transmitted to the Town Council. The Town Council shall consider the PUD District in accordance with Section 17.28.050 of this Code. Section 4. Amendment. Subsection (c) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by adding (4) as follows: (c) Development review procedures. (4) The Community Development Department will review preliminary findings and recommendations on PUD applications with the applicant (or applicant representative) at least 6 days in advance of the initial formal hearing before the Planning Commission. Section 5. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (d) Submittal requirements. Submittal requirements may vary depending on the complexity of the proposed development as determined by the Community Development Department, and whether or not the PUD is being requested in connection with the review of a development agreement pursuant to Chapter 17.14 of this Code. Generally, the following submittal requirements shall apply for all new PUD applications and proposed amendments to existing PUD districts: c? (1) Application form and filing fee; (2) A written statement describing the nature of the project to include information on proposed uses, densities, nature of development proposed, contemplated ownership patterns, and phasing plans; (3) A survey stamped by a licensed surveyor no older than 3 years from the date of application, indicating existing conditions of the property to be included, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses and perimeter property lines of the parcel; (4) (site plan, floor- plans, elevations), if applieable. A complete zoning analysis of existing and proposed development, to include a square footage or density breakdown of all proposed uses and parking. Where a structure or building exists, a complete set of plans depicting the existing conditions of the parcel (site plan, floor plans, elevations), if applicable; (5) A vicinity plan showing the proposed improvements in relation to all properties at a scale not smaller than one (1) inch equals one hundred (100) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development; (6) Evidence of available utilities, such as water and sewer service, as provided. (7) Proposed site plan shewmg the approximate loea4iens and dimensions of all buildings a stmetur-es and all v development featufes. Proposed site plan showing the approximate locations and dimensions of buildings, or approximate building envelopes and all principal site development structures or features. For projects less than two (2) acres in size, the plan shall be prepared at a scale not smaller than one (1) inch equals twenty (20) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development. Additional submittal requirements, as determined necessary by either the Community Development Department or the Planning and Zoning Commission, may be required and include the following: (8) Preliminary building elevations, sections and floor plans at a scale not smaller than one-eighth (1/8) inch equals one (1) foot in n sufficient detail to determine floor areas, circulation, location of uses and general scale and appearance of the proposed development; (9) Photo overlays and/or other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions; (10) A site-massing model depicting the proposed development in relationship to development on adjacent parcels; (11) preliminary landseape „la shewing sting landscape featwe to be et ed n r e proposed landseaping and lands^°n°a site development featufes s eh ^ eatio f eilities _bike pa and +" ;lam pedestrian plazasn walkways, water- featu n other- -clear shall be pr-epafed at a alo of smaller- than one (0 ineh equa6 twenty (20) feet. For- eets larger- +h twe (2) ? o +h° ate ale shall be determine d by the Depa merit of Community DevelepmepA-, Environmental impact report; (12) Preliminary drainage analysis and grading plans; (13) Economic model of the proposed uses and densities where an application proposes uses that may impact the ability of the Town to provide adequate public services; (14) Any additional material or- informa4ien as deemed neeessaiFy of the proposed PUP. Any additional material or information as deemed necessary for proper review of the proposed PUD or PUD amendment. Four (4) complete copies of the above information, with the exception of the massing model shall be submitted with an application for a PUD. Section 6. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (h) Design er-iter-i The fell, g desip ,-;+e hall be used as the em fqQtf-Ate that submittal ma4er-ial and the proposed development plan eemp! Design Criteria. The following design criteria shall be used as the principal criteria in evaluating a PUD District. 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 (1) or more of them is not applicable, or that a particular development solution consistent with the public interest has been achieved. Where the PUD District is being requested in connection with the review of a development agreement pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable, as determined by the Department. Section 7. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (1) Amendments. Requests r--f ffiffiendments to an ap Y-eved Planned Unit Develep..-ft shall Amendments. Requests for amendments to an approved Planned Unit Development District shall be reviewed in accordance with the procedures described above. Amendments that propose substantial changes to land use in connection to existing development agreements and development plans as outlined in Chapter 17.14 of this Code may require additional information and/or development agreements and amendment to development plans. Section 8. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by the addition of (m) to provide as follows: (m) Preliminary Subdivision Application with PUD Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed concurrently and in conjunction with the PUD'application. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary Subdivision Plan application. No development may be implemented in a PUD prior to approval and recording of a corresponding Final Subdivision Plat. Section 9. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title 17, Avon Municipal Code, is amended to provide as follows: (2) Commercial Land Use Minimum Requirements a. Shopping and convenience goods retail 4490 4/1000 sq. ft. GLFA TITLE 16 SUBDIVISION Section 10. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal Code, is amended to provide as follows: d b d --Lra unified plan whiek does not l by one (1) )f fnefe landow e ner-s to e i l ve ope den eeffespand in lot afea, ty, ot s > la4ion to the i l subdivision or- zening it sh e n fe afea all eentain suffleient tota hw n nl (Ofd 79 ° §14-0) Specially planned area (SPA) and/or Planned Unit Development (PUD) means a subdivision controlled by one (1) or more landowners to be developed under a unified plan which does not correspond in lot area, density, lot coverage, open space or other requirements of existing subdivision or zoning regulations; it shall contain sufficient total area in relation to the intended use or uses to permit effective application of planning principles to protect the landform, reduce street and utility costs, preserve open space and provide a superior human environment. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed and reviewed concurrently with the PUD application. The public notice and hearing requirements shall be combined and run concurrent with the PUD public notice and hearing requirements as prescribed in Title 17. Section 11. Amendment. Section 16.20.070, Chapter 20, Title 16, Avon Municipal Code, is amended to provide as follows: The Town Gouneil-shall hold a h my preliminary plan submitted. Netiee of sue hear-ing shall be sent by first elass mail, or- delivered per-senally, a4 least five (5) days prior- to th hear-ing 4ate, to the subdivider- and to ewfier-s of thfee hundfed (300) feet of the T 1we Sub- divider- is requir-ed to fumish to the Town GleflE the names and addf esses of the owners The Town Council shall hold a hearing upon any preliminary plan submitted. Notice of such hearing shall be sent by first class mail, or delivered personally, at least five (5) days prior to the hearing date, to the subdivider and to owners or property within three hundred (300) feet of the property in question. Owners of residential multi-family condominium units may be served by mailing (or serving) a copy of any such notice to the manager of the homeowners' association. The subdivider is required to furnish to the Town Clerk the names and addresses of the owners of property within three hundred (300) feet of the property in question. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed and reviewed concurrently with the PUD application. The public notice and hearing requirements shall be combined and run concurrent with the PUD public notice and hearing requirements as prescribed in Title 17. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: 9 Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney F:\Counci1\0rdinances\2004\0rd 04-12 AMC16&17Revisions2ndRead.doc In TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-19 SERIES OF 2004 A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE T THE TOWN COUNCIL AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT ZONE DISTRICTS, DEFINTION OF BUILDING HEIGHT, AND PARKING WHEREAS, Titles 16 and 17 of The Avon Municipal Code require review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review, make recommendations, and render decisions on all zoning applications; and WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 04-19 Series of 2004, and held a public hearing as required by the Avon Municipal Code to review the proposed amendments; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 04-19 Series of 2004 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 20th DAY OF JULY, 2004 Signed.- Date: 7??? eloey Chris Evans, Chair Attest. Z2?+Jh?7 Date: 7 ao ;1 oo Terry Smith, ecretary FAPlanning & Zoning COnVnission?ResolutionsV0041Res 04-19 Zoning Subdivision Ordinance Adoption.doc /? INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney FACounci1\0rdinances\2004\0rd 04-12 AMC 16& 1 Mevisions.doc ja Exhibit "A" to Resolution 04-19 ORDINANCE NO.04-XX AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT, AND PARKING BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: TITLE 17 Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is amended as follows: Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, of mansard roof, or te the highest r-idgeline a sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof, or sloping roof highest reefs) to the existing grade directly below said point. Maximum BulkUng HoIgN Inbrlor Uction ILT.& M03* VA P"V HBO A!.- &A" Kdom ororaw-ld y Grew i3 Maximum BuBdhg Helght Exterior Section Showing Envelope N.T.S. Imaginary Ww nma parallel Is exhglug grade hm" building haisM -?? AM exceeding helem Nmhad" wham maawxa b flftWWd axbrior grade \ ?,Exlydng grade Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: (3) A complete application for a PUD must be submitted to the Department of Community Development at least thirty (30) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. A report of the Community Development Department findings and recommendations shall be made at the initial formal hearing before the Planning Commission. A report and resolution of the Planning Commission stating its findings and recommendations, and the staff report shall then be transmitted to the Town Council. The Town Council shall consider the PUD District in accordance with Section 17.28.050 of this Code. Section 3. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (d) Submittal requirements. Submittal requirements may vary depending on the complexity of the proposed development as determined by the Community Development Department, and whether or not the PUD is being requested in connection with the review of a development agreement pursuant to Chapter 17.14 of this Code. Generally, the following minimum submittal requirements shall apply for all new PUD applications and proposed amendments to existing PUD districts: Proposed 1Mbhad grade ,/41' Proposed gnMed grade el wabout (1) Application form and filing fee; (2) A written statement describing the nature of the project to include information on proposed uses, densities, nature of development proposed, contemplated ownership patterns, and phasing plans; (3) A survey stamped by a licensed surveyor no older than 3 years from the date of application, indicating existing conditions of the, property to be included, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses and perimeter property lines of the parcel; (4) A complete zoning analysis of existing and proposed development, to include a square footage or density breakdown of all proposed uses and parking. Where a structure or building exists, a complete set of plans depicting the existing conditions of the parcel (site plan, floor plans, elevations), if applicable; (5) A vicinity plan showing the proposed improvements in relation to all properties at a scale not smaller than one (1) inch equals one hundred (100) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development; (6) Evidence of available utilities, such as water and sewer service, as provided. (7) Proposed site plan showing the approximate locations and dimensions of buildings, or approximate building envelopes and all principal site development structures or features. For projects less than two (2) acres in size, the plan shall be prepared at a scale not smaller than one (1) inch equals twenty (20) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development. Additional submittal requirements, as determined necessary by either the Community Development Department or the Planning and Zoning Commission, may be required and include the following: (8) Preliminary building elevations, sections and floor plans at a scale not smaller than one-eighth (1/8) inch equals one (1) foot in sufficient detail to determine floor areas, circulation, location of uses and general scale and appearance of the proposed development. 1-r I (9) Photo overlays and/or other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions; (10) A site-massing model depicting the proposed development in relationship to development on adjacent parcels; (11) Environmental impact report; (12) Preliminary drainage analysis and grading plans; (13) Economic model of the proposed uses and densities where an application proposes users that may impact the ability-of the Town to provide adequate public services; (14) Any additional material or information as deemed necessary for proper review of the proposed PUD or PUD amendment. Four (4) complete copies of the above information, with the exception of the massing model shall be submitted with an application for a PUD. Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (h) Design Criteria. The following design criteria shall be used as the principal criteria in evaluating a PUD District. 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 (1) or more of them is not applicable, or that a particular development solution consistent with the public interest has been achieved. Where the PUD District is being requested in connection with the review of a development agreement as pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable, as determined by the Department. Section 5. Ames nt• Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (1) Amendments. Requests for amendments to an approved Planned Unit Development District shall be reviewed in accordance with the procedures described above. Amendments that propose substantial changes to land use in connection to existing development agreements and development plans as outlined in Chapter 17.14 of this Code may require additional information and/or amendment to development agreements and to development plans. Section 6. Ame___n_dment• Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by the addition of (m) to provide as follows: Ib (m) Preliminary Subdivision Application with PUD Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed concurrently and in conjunction with the PUD application. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary Subdivision Plan application. No development may be implemented in a PUD prior to approval and recording of a corresponding Final Subdivision Plat. Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title 17, Avon Municipal Code, is amended to provide as follows: (2) Commercial Land Use --- MjgiW!!M.R uiremen a. Shopping and convenience goods retail 411000 sq. ft. GLFA TITLE 16 SUBDIVISION Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal Code, is amended to provide as follows: Specially planned area (SPA) and/or Planned Unit Development (PUD) means a subdivision controlled by one (1) or more landowners to be developed under a unified plan which does not correspond in lot area, density, lot coverage, open space or other requirements of existing subdivision or zoning regulations; it shall contain sufficient total area in relation to the intended use or uses to permit effective application of planning principles to protect the landfonn, reduce street and utility costs, preserve open space and provide a superior human environment. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed and reviewed concurrently with the PUD application. The public notice and hearing requirements shall be combined and run concurrent with the PUD public notice and hearing requirements as prescribed in Title 17. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of August, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: a I Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney l9 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: August 4, 2004 Re: Ordinance No. 04-13, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions - Second Reading (Public Hearing) Summary: The attached Ordinance No. 04-13 is proposed for consideration in anticipation of future construction projects that may have much less impact if certain activities are performed out side the limited construction hours stipulated in Section 8.24.085 of the Avon Municipal Code. This section of the Code basically limits construction activities to the hours of 7:00 AM to 7:00 PM Monday through Saturday and 9:00 AM to 6:00 PM Sundays and National Holidays. This can create some major problems for contractors and the general public under certain circumstances. This is especially true in the case of work in heavily traveled public streets such as Avon Road. Anticipated projects impacting Avon Road include a sewer line crossing north of the Eagle River Bridge and the Town's 2005 Street Improvement Program will likely include asphalt milling and overlays. It seems that much of the work on both these projects could be accomplished outside of currently allowed work hours with a substantial reduction on impacts to the general public. We believe this modification to the Avon Municipal Code will provide needed flexibility for certain construction activities while maintaining the protection intended in the current code. We recommend approval of Ordinance No. 04- 13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. Recommendation: Approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions, on Second Reading. 1AEngineenng\0rdinanc&Noise Ord. Memo-2.1)oc Proposed Motion: I move to approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions on Second Reading. Town Manager Comments: • Page 2 Q TOWN OF AVON ORDINANCE NO. 04-13 SERIES OF 2004 AN ORDINANCE AMENDING SECTION 8.24.085 OF THE AVON MUNICIPAL CODE TO ALLOW THE GRANT OF AN EXCEPTION TO CONSTRUCTION HOUR LIMITATIONS UNDER CERTAIN CONDITIONS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO THAT: Section 8.24.085 of the Avon Municipal Code is hereby amended by the addition of the following: The town manager, or his designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the town manager, or his designee, to minimize impacts of the construction activities. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of July, 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 August, 2004 at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk LTngineering\Ordinanoes\Noise Ord. Amend-Doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 2004. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Approved as to Form: Town Attorney L\Engineering\Ordinances\Noise Ord. Amend.boc I Jacquie Halburnt From: Mark Donaldson [markd@vmda.com] Sent: Thursday, August 05, 2004 4:48 PM To: Patty McKenny Cc: chrisj@vmda.com; Jacquie Halburnt Subject: Shane & Heather Bohart Appeal to Town Council Dear Patty, As you may recall our request for appeal was conditioned upon our timely receipt of the P&ZC tapes that you ordered to be copied for us. Since we just got them this afternoon around 4:00 pm, we are not prepared to present our appeal on Tuesday August 10th. It is hereby our request to re-schedcule this meeting for the following Regular Meeting of the Avon Town Council. If you need any further clarification or documentation for this request to delay, please let me know at your earliest convenience. If this delay should cause any concern over the 30 day timing, it is our intention by this e-mail to certify to the Town of Avon that we are in complete agreement with a delay so long as there is no loss of rights as the appeal reprsentative. Thank you very much Patty for this consideration and I look forward to hearing of your or the Town's response. Best regards, Mark Donaldson 1 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Fran: Tambi Katieb, Director of Community Developm Kenneth Kovalchik, Planner I Date August 3rd, 2004 C O L O R A D O Re: Appeal to Town Council of Planning and Zoning Commission Denial of Duplex Sketch Design (Lot 30, Block 2, Wildridge) Summary: On July 20'h, 2004 the Planning and Zoning Commission denied a Duplex Sketch Design application for Lot 30, Block 2, Wildridge Subdivision. The property is located at 2631 Bear Trap Road and is zoned for a duplex, however, a single family home currently exists on the property. The applicant, Victor Mark Donaldson, has appealed the Commission's decision to Town Council. The primary basis of the Planning and Zoning Commission's denial was due to conflicts with the 'Duplex Development' review criteria as stated in Section B of the Town of Avon Residential, Commercial and Industrial Design Review Guidelines. The 'Duplex Development' guideline states: "Duplex developments must be designed in a manner that creates an integrated structure on the site. Two single-family residences 'bridged' by a breezeway or other non-structural and non-habitable connection does not meet the intent of a duplex design. Unified design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, massing, detail, roof forms, and landscaping. While `mirror image' duplexes are not supported, the design intent should be one that creates a unified structure with enough variety and architectural interest to distinguish a duplex from a single-family home." In their motion for denial the Planning and Zoning Commission stated, "The proposed duplex connection appeared to be two single-family homes bridged by an element and did not create an integrated and unified structure. The connection does not meet the definition of a 'Duplex Development' as stated in the Town of Avon Design Review Guidelines." Lot 30, Block 2, Wildridge Subdivision, Duplex Sketch Design Appeal Memo to Town Council, August 10, 2004 Page 1 of 2 Discussion: Both the applicant and owner met with Staff on two occasions prior to submitting this Sketch Design application. On May 6"', 2004 the applicant/owner met with Staff and submitted for initial staff review of the concept site and elevation plans to construct the second unit on Lot 30, Block 2, south of the original structure on the lot. On May 13th, 2004 Staff met with the applicant/owner for a second meeting. At both meetings, staff cautioned the applicant that the designs proposed did not meet the intent of the duplex guideline. The applicant and owner subsequently attended the May 18th, 2004 Planning and Zoning Commission work session and presented design concepts reviewed with staff for discussion. It was unanimous among the Planning and Zoning Commission members that they did not feel the two design options presented to them met the criteria for a duplex connection as stated in the Town of Avon Design Review Guidelines. Finally, after submitting the Sketch Design application and prior to the Planning and Zoning Commission denial on July 20, 2004, Staff reiterated for the fourth time the concems and preliminary recommendations on the application to the applicant representative on July 13th, 2004. Alternatives: • Uphold Planning and Zoning Commission decision • Overturn Planning and Zoning Commission decision • Remand decision to Planning and Zoning Commission for further review Town Manager Comments: Staff Recommendation: Uphold Planning and Zoning Commission decision, thereby denying the appeal. Exhibits: A. Sketch Plan Application dated June 11, 2004 B. Staff Report for July 20, 2004 Planning and Zoning Commission C. Letter dated June 11, 2004 from applicant representative D. Applicant handout from July 20th, 2004 Planning and Zoning Commission meeting E. Letter dated May 14, 2004 from applicant representative F. Pre-application meeting summary from May 6, 2004 G. Pre-application meeting summary from May 13, 2004 H. Email from applicant and response from Staff dated July 15, 2004 1. Plannp and Zoning Commission meeting letter to applicant with reason for denial J. July 20 , 2004 Planning and Zoning Commission minutes Lot 30, Block 2, Wildridge Subdivision, Duplex Sketch Design Appeal Memo to Town Council, August 10, 2004 Page 2 of 2 a E )&k`Vk A C O L O R A D O SKETCH P Sketch Plan Fee: $ AN RecelvL'o / JUN 1 1 2004 !'°` co muni ly Development Applicant: ?? L t( , ,? ?? S ?Q 011W -t Melling Address: 20-P&< 530 City: State: _Zil: l.? Phone #: q M - , Fax #: a S Cell #: ,34 1) -5730(-) Owner of Property= A?.' Mailing Address: Phone #: Fax cell #: 3 b--qq 0 Lot: - !2Z Block:- c - Subdivision: Project Street Address: d.D'> 1?,L} Project Name: f? 3 J prq? -? SbLT? Addition ? Single Family ? Duplex ? MWtI-Family ? Commercial Industrial ? Other: Please Describe Your Project (arch. style, sq. ft., height, materials, colors, unique features): &b nN? 0-;r SD rT?k I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Applicant as indicated to act as owner's representative in all app to this proje Applicant: )C ner• (Print Name):(Print ame): Date: ,6 Date: C6-6q- C Y Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 9/24/03) Pagel of 2 City: / State: Y Zip: 3 ! i Project: -;2 Lot: 3 0 BWk: Subdivision: It, DEILYA plan loor plans pographical survey with signed RLS stamp our (4) - 24" x 36" plan sets all areas over 40% slope shaded) Eighteen (18) 11" x 17" plan sets -one week prior uilding elevations (all elevations) to P&Z meetings orth arrow & scale (1=10' or 20') -Ilh Proposed grading (solid lines) Vicinty map with adjacent lots Existing structures ' tle block *:Driveways, parking and turnarounds roperty lines w/bearings and distances_ 01 Streams, if applicable W/-,+ etback lines (labeled and dimensioned) Q Riparian zone/wetlands, if applicable A/14 asements (labeled and dimensioned) Walkways, stairs (dimensions) 'xodjacent rights-of-way riencing, retaining walls (including specific xisting topography (dashed lines) materials & colors, T.O.W. & B.O.W. elevations) extended thmu buildin Current zoning ff-street parking spaces required and proposed umber of dwelling units a and % of site > 40% slope uilding height allowed and proposed RIMMUMM loor plans, dimensions and areas atural and finished grades for all elevations (numeric) uilding elevations (labeled) Numeric elevation of all roof ridgchnes Note: All drawings must be in "Hardline" form. Reviewed by: 4 Complete Q Incomplete Date: Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 9/24/03) Page 2 of 2 4 Staff Report SKETCH DESIGN PLAN ?AVON C O L O R A D O July 20, 2004 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction June 28, 2004 Addition of second dwelling unit to duplex lot Lot 30, Block 2, Wildridge Subdivision Duplex (2 Units) 2631 Bear Trap, South This sketch design application proposes to construct the second unit of a duplex zoned lot. The final design for the existing home was approved in 1994. The applicant is proposing to construct the other unit totaling 5993 square feet. The connection from the existing north unit to the proposed south unit will be via a foyer/entry gallery, the south unit will have a separate entrance- the foyer entry gallery will be used to access the north unit only. The proposed party wall connection for this duplex will be 10 feet wide. The applicant is proposing to use building materials for the new residence that compliment the existing home. Both the applicant and owner have met with Staff on two occasions prior to submitting this Sketch Design application. On May 6t', 2004 the applicant/owner met with Staff and submitted for initial review concept site and elevation plans to construct a second duplex unit on Lot 30, Block 2, south of the original structure on the lot. On May 13`h, 2004 Staff met with the applicant/owner for a second meeting. The applicant and owner attended your May 18th, 2004 work session meeting and presented design Option A and B for your discussion. It was unanimous among the Planning and Zoning Commission members that they did not feel the two design options presented to them met the criteria for a duplex connection as stated in the Town of Avon Design Review Guidelines. Likewise, Staff continues to believe that the proposed connection between the two homes is marginal at best and does not meet the duplex zoning for this lot, particularly as it relates to the criteria as stated in the guidelines: "Duplex development must be designed in a manner that creates an integrated structure on the site." Design Review Considerations According to the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, Section 7, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning Code. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 5 Town of Avon Community Development Page 2 of 5 • Allowed use: A duplex home is an allowed use for this lot, however as proposed, the duplex does not appear to conform to the zoning code definition of being a "detached building containing two dwelling units" but instead proposes two detached buildings marginally connected. • Density: The lot is zoned for 2 units (duplex) per the Wildridge PUD. • Lot Coverage: Maximum site coverage allowed for this PUD is 50%. This project proposes site coverage of approximately 2.8%. • Setbacks: As proposed, the design is in compliance with all setbacks. There is a 25 foot building setback for the front lot line and 10 foot building setback for the side and rear lot lines. • Easements: All platted easements remain unobstructed with this design. There is a front 10 foot Slope Maintenance, Drainage, and Snow Storage Easement; side lot 7.5 foot Utility and Drainage Easement; and rear lot 10 foot Utility and Drainage Easement. • Building Height: This design does not appear to be in conformance with the 35-foot maximum allowable height requirement. The slab elvation is 8179'. The roof plan (Sheet A1.3) indicates two roof ridge elevations over the 35' maximum allowable height. The roof ridge at 8221'-7" would be 42'-7" in height and the roof ridge at 8216' would be 37' in height. • Grading: All proposed grading appears to comply with the Zoning Code. • Parking: Six spaces are required for this project and 9 spaces have been proposed by the applicant. The existing (north) residence provides four parking spaces (two inside the garage and two in front of the garage). The applicant is proposing 3 spaces in the garage and two spaces in front of the garage for the south unit. Only one parking space will fit in front of the garage (using the Town of Avon 9'x 18' parking standard) without extending into the existing driveway. Therefore, four parking spaces can be provided for the south unit which still meets Town parking requirements. • Snow Storage: A snow storage area was not indicated in the Sketch Design. It appears that an adequate snow storage area can be located on the south side of the south unit. This will be reviewed at Final Design. • Landscaping: A landscaping plan will be reviewed at Final Design. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub-area plan which pertains. The project appears to generally comply with the Town of Avon Comprehensive Plan. 3. Whether adequate development rights exist for the proposed improvements. Adequate development rights exist for the proposed second unit, however, the proposed `duplex design' does not conform to the design guidelines and challenges the zoning code definition of a duplex comprising of "a detached building containing two dwelling units" by essentially proposing two detached buildings only marginally connected and not creating an integrated and unifed structure. 4. The sketch plan is in general compliance with all design requirements. Lot 30, Block 2, Wildridge Subdivision, Duplex Sketch Plan July 20, 2004 Planning & Zoning Commission meeting (970) 748-4030 Fax (970) 949-5749 LQ Town of Avon Community Development Page 3 of 5 • Site Development: o Site Design: The building appears to be compatible with the site as proposed, however fails to comply with the duplex guidelines. o Site Access: The north unit currently exists and is accessed via an asphalt driveway. The proposed south unit will utilize this driveway for access. The existing grade for the driveway does not exceed 5%. o Parking and Loading: The number of parking spaces currently provided for the north unit and proposed for the south unit will comply with the parking requirements for the Town of Avon. However, maneauverability may be difficult for the north unit. It appears that an adequate turn around area in front of the north unit garage will be difficult (22' wide turn around area). Vehicles exiting from the north unit will have to back-up (uphill) approximately 220' before reaching Bear Trap Road. o Easements: This project is in compliance with all platted easements. o Site Grading: Existing and proposed grades are indicated on the site plan and elevation plans. o Drainage: Positive drainage must be provided away from the structure. It appears that the area in front of the proposed foyer and entry gallery and the existing garage may be a problem area for drainage. As exists today, all drainage can freely flow to the west side of the driveway. The proposed foyer and entry gallery would block all drainage from flowing away from the north unit and will be trapped at the north unit entry and garage areas. No drainage features were indicated on the skectch plan to show how this problem will be alleviated. At Final Design detail will also have to be shown regarding how drainage will be provided under the proposed foyer and entry gallery and how this may affect the retaining wall to the west of the foyer and entry gallery. • Building Design: o Design Character: As proposed this design does not conform to the duplex development guideline, particularly as it relates to creating an integrated structure on site. Also, it should be noted that the angle of the existing residence does not appear to be correct when one compares the residence on the site plan (Sheet AS 1.0) to the West elevation (Sheet AS2.1). o Building Height: As proposed, the height of the building does not comply with the 35-foot allowance. It appears there are two roof ridge elevations that are over the 35' height restriction. The lower level floor plan (Sheet A1.0) indicates an elevation of 8179' and this elevation would be considered the most restrictive (finished) grade. The roof plan (Sheet A1.3) indicates two ridges that are over 35'. One ridge elevation is 8221'-7" (42'-7") and the second ridge elevation is 8216' (37'). o Building Materials and Colors: The north unit currently exisits and the materials proposed for the south unit will match the north unit. o Exterior Walls, Roofs, and Architectural Interest: The proposed connection of exterior wall planes does not create an integrated duplex design. Lot 30, Block 2, Wildridge Subdivision, Duplex Sketch Plan July 20, 2004 Planning & Zoning Commission meeting (970) 748-4030 Fax (970) 949-5749 Town of Avon Community Development Page 4 of 5 o Duplex Developments: The Town of Avon Guidelines state that "Duplex Developments must be designed in a manner that creates an integrated structure on the site. Two single-family residences `bridged' by a breezeway or other non- structural and non-habitable connection does not meet the intent of a duplex design. Unified design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, massing, detail, roof forms, and landscaping. While `mirror image' duplexes are not supported, the design intent should be one that creates a unified structure with enough variety and architectural interest to distinguish a duplex from a single family home." While the proposed entry gallery and foyer could be considered habitable and structural, the two units are not an `integrated' or `unified' structure on this site. The proposed connection for the duplex units appears to be two single-family homes bridged by a breezeway, which is a connection that is not allowed as stated in the Town of Avon Design Guidelines. Section 17.08.240 of the Town of Avon Municipal Code states a `Duplex Dwelling means a detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit.' This application appears to be two detached buildings that are connected, rather than a single detached building containing two dwelling units. Staff Recommendation Though there are a number of technical issues in this Sketch Plan submittal that the applicant may be able to address prior to submitting a Final Design, the primary issue with this application as proposed is whether the connection for this duplex meets the criteria for a duplex connection as stated in the Town of Avon Design Review Guidelines. While the applicant has argued that the foyer/entry gallery may be structural and habitable, the two residences still appear to be `bridged' which does not meet the intent of a duplex design as stated in the Design Review Guidelines and this report. For these reasons Staff is recommending Sketch Design denial for the proposed duplex residence on Lot 30, Block 2, Wildridge Subdivision. 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, X91' 4174 Kenneth Kovalchik Planner I Lot 30, Block 2, Wildridge Subdivision, Duplex Sketch Plan July 20, 2004 Planning & Zoning Commission meeting (970) 748-4030 Fax (970) 949-5749 Town of Avon Community Development Page 5 of 5 P?rea u? prupuseu entry gaueryiioyer and proposed duplex addition. ,%rea wnere proposea auplex adaltion would be located. Lot 30, Block 2, Wildridge Subdivision, Duplex Sketch Plan July 20, 2004 Planning & Zoning Commission meeting (970) 7484030 Fax (970) 949-5749 Comm* Development ON June 11, 2004 Town of Avon Community Development Department Staff and Planning and Zoning Commission Members Town of Avon Re: Sketch Plan Application in connection with a Duplex Development for 2631 Bear Trap Road Avon, CO 81620 0048 E BEAVER CREEK BLVD SUITE 207 Box 5300 AVON, CO 81620 970.949 5200 vmda@vmda.com Fax9949.5205 RECEIVED JUN 1 12004 Please consider this letter a part of our Application for Sketch Plan review for the above referenced project, and distribute accordingly. There has been much discussion regarding the suitability and conformance of this project to the Town of Avon Residential Commercial and Industrial Design Review Guidelines (adopted November 6, 2001). According to the aforementioned Guidelines, Section 7, the Commission shall consider the following items in reviewing the design of the project: 1. The conformance with setbacks, massing, access, land use, and other provision of the Town of Avon Zoning Code. • Allowed Use: Residential. • Densi : Two Residential Units. (Duplex) • Site Coverage: Maximum site coverage allowed for this PUD is 50%. This project is in conformance with the Zoning Code, proposing 2.8% site coverage. • Setbacks: The proposed design is in conformance with all setback requirements. • Easements: The proposed design is in conformance with all easements. • Building Hh: The proposed design is in conformance with the 35-foot maximum building height. • Gradin : The proposed re-grading is in conformance with the Zoning Code. • Parking: Six parking spaces are required for this entire project; 9 parking spaces (including garages) are proposed. The existing residence maintains its' four parking spaces (2 inside the garage and 2 in front of the garage) and the proposed residence proposes 3 spaces in the garage and 2 spaces in front of the garage. • Snow Storage: The proposed design provides sufficient snow storage area for this project. It is anticipated to be to the South side of the South residence as shown on sheet AS 1.0 • Landscaping: A landscaping plan will be provided for review at Final Design Review. -10 ARCHITECTS -a 2. The general conformance with the Goals and Polices of the Town of Avon Comprehensive Plan, and any sub area plan which pertains: This project complies with the Town of Avon Comprehensive plan. 3. Whether adequate development rights exist for the proposed improvements. Adequate residential development rights exist in the Wildridge PUD. This proposal seeks entitlements for the second of the two allowed dwelling units. 4. The sketch plan is in general compliance with all design requirements submittal requirements. Site Development: Site Design: The proposed building design is compatible with the site and technical building requirements. • Site Access: Access to the proposed and current residences is provided via the existing driveway. The existing grade of this driveway is less than S% throughout. This construction of the proposed residence will enhance the current condition of the driveway through a slight enlargement at the South Unit and new asphalt overlay throughout. • Parking and Loading: Parking spaces provided are in compliance with the Town of Avon standards. • Easements: The design complies with all easement requirements. • Site Grading: Grading has been minimized in this design as the home meets grade at the lower level and the existing driveway location and configuration maintained. • Drainage: Drainage will be addressed at Final Design Review. • Snow Removal and Storage: The snow storage will be accommodated on site as indicated on the site development plan. Building Design: • Design Character: The building orientation and design take full advantage of view corridors and solar gain as prescribed in the Guidelines. It also preserves the views corridors from the existing North unit of the property. The location of the proposed second residence has virtually no impact on views or solar shading of the existing residence or on the neighboring properties. z The building design appears as a series of several smaller roof elements integrated into the site rather than a large single "block." The hipped roof entry forms identify both the North and South residence entryways and help to distinguish this as a two family duplex residence and no longer a single-family home. This architecture and design responds directly to the site conditions of topography, existing built environment, solar access and view corridors. This design has been developed to respond responsibly and intentionally to the aforementioned criteria and conditions. The new companion South residence will enhance the value of the existing residence and adjacent properties. This design proposal will allow each duplex residence to function as independent living environments within a single structure. The structure as seen from the West, East, North and South, is a strong integration of roof forms, materials, window treatments, and mass. • Building Height: The proposed structure is in compliance with the 35'-0" Height Limitations. The building ridge elevations are labeled on the site plan with corresponding grade elevations, to further illustrate conformance. • Building Material and Colors: The proposed building materials for the new residence have been designed to honor and complement the existing North Unit and include asphalt shingles, EIFS, vertical and horizontal wood siding, peeled log accents, judicious use of natural stone accents, and identical color schemes, which are to be earth tone in nature as encouraged by the Town Guidelines. • Exterior Walls Roofs and Architectural Interest: The design of the exterior walls is compatible with those in the neighborhood and the existing residence. The mix_ of vertical and horizontal siding with large expanses of glass to the South protect property values and take advantage of the views that are unique to the Wildridge PUD. The hip roofed entry element provides architectural interest to each the existing and the proposed South residence. Large windows are provided at South facing walls to break up large exterior walls and provide exceptional mountain views to the South and take advantage of solar gain. The rooflines are broken to add interest to the project and to constrain the massing of the structure. Roof pitches are proposed to be 6:12. Roof overhangs are typically 2'-0" throughout the structure and the fascia lines match that of the existing residence. 1? Asphalt composite shingles are proposed and will be of a neutral color and tone. These will be of high quality and be rated at a minimum of 300 lbs per square and match the existing residence. The use of similar materials, treatments, massing, color, and texture allow the South residence to become an integrated companion with the existing residence. • Outdoor Lighting: Lighting fixtures will be presented at Final Design Review and shall be in compliance with Town requirements. • Duplex Development: This project unifies the existing residence with the new South residence and meets the intention of the Guidelines. This is accomplished through, among other things, the use of compatible building materials, architectural entry elements, similar scale, unified architectural style, detail, compatible roof forms and color scheme. The total proposed structure and the site are integrated through minimization of site disturbance and use of existing access. The proposed solution connects the two homes by creating a new enclosed Entry Gallery for the existing residence. The new Entry Gallery takes full advantage of the views to the West. This connection enhances quality and property value to the existing residence via a subtle blend of structures with while presenting the well-placed, unique entries. The new Entry Gallery for the existing residence is both habitable and structural. New structural foundation walls and roofs will be integrated into this addition into the new proposed South Unit making the structure unified in function and appearance. The shared access drive, like entry element features, and separate garage areas further distinguish this from a single-family residence and establish this property as a well-crafted, functional duplex residence. Landscaping Landscape design will be submitted for review at Final Design Review. The landscaping plan shall further integrate the proposed structure to the site and the existing residence as well as complying with Town requirements. 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with the slope, step building with the slope, and minimize benching or other significant alteration to existing topography. The proposed design is compatible with the existing site topography. The orientation of the structure follows the topographical lines and the building steps down to reach grade at the lower level. As this is a sloping site, great care was taken in the placement of the South Unit to minimize impacts on grading and site disturbance. By accessing off the existing driveway area, the need for additional and extensive grading for this unit has been purposefully avoided. 13 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, and height, orientation to street, quality of materials, and colors. The architectural style and massing of the proposed structure is compatible and suitable with neighboring properties. The structure reads as a unified collection of smaller roof forms and elements integrated through primary roofline, materials, window treatments, scale, massing, and color. As viewed from adjacent properties this project will be a positive improvement for the neighborhood and is deemed extremely sensitive in design, and with minimal impact to the existing and neighboring structures. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. This project is not so similar or dissimilar to others in the vicinity. Monetary and aesthetic values should not be impaired by the construction of this duplex, but rather shall be improved. The stated purpose and intent of the aforementioned Guidelines is: Page 3 of the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines 1. Purpose and Intent: "Design Philosophy: The general design philosophy for the Town of Avon is to preserve and to protect property values by creating and aesthetic quality throughout the built environment of our community. 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. In residential areas, the relationship between the buildings and the natural environment should be harmonized rather than dominating. BASIS FOR APPROVAL OR DENIAL "If the design of any project is found to comply with the purposes prescribed in these Guidelines, Regulations, and any applicable Ordinances of the Town of Avon, and the design review guideline review criteria prescribed in Section 7 (Items 1-7 above) of these Regulations, the Planning and Zoning Commission shall approve this project." For reference, this project's orientation, massing, materials, texture, placement, scale, and color scheme are all derived from the Property Owners' and Design Team Members intention to create a companion unit to the existing residence on the property. Proper care and consideration were given 'o the Guidelines throughout the design process, to create a structure that responds and integrates with its site. This project is not a typical big box duplex design, but rather an integrated structure of two independent living environments responding directly to these site conditions. This proposed residence enhances the property values for each of the two residences via innovative architecture )I and design and fiu-ther preserves view corridors in this development and residential community. The architectural design further achieves and important "privacy" feature to both residences (North and South), which is deemed important for true independent living environments as prescribed by the duplex definition. This Sketch Plan Application is a direct response to the unique site conditions and the desire to meet the Purpose and the Intent of the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines. In conclusion, the proposed duplex is in conformance with the adopted Goals, Policies and Programs for the Town. This project is in compliance with the Town Guidelines and further meets the Intent of the Guidelines and merits consideration for support by the Town Staff and approval by the Planning and Zoning Commission. Sincerely, Y-/L-- Chris Juergen VMDA Enc: Sketch Plan Application and related materials CC: Heather and Shane Bohart Legal File ?5 Excerpts from Merriam Webster's Colleziate Dictionary Tenth Edition UNIFY: To make into a unit or a coherent whole; UNITE UNITE: 1 a: To put together to form a single unit lb: To cause to adhere 3a: To become one as if one 4: To act in concert INTEGRATE/INTEGRATED: 2: To form, coordinate or blend into a functioning or unified whole 4a: To unite with something else 4b: To incorporate into a larger unit Excerpt from Town of Avon Residential, Commercial, and Industrial Design Review Guidelines Duplex Developments Duplex developments must be designed in a manner that creates an integrated structure on the site. Two single-family residences "bridged" by a breezeway or other non-structural and non-habitable connection does not meet the intent of a duplex design. Unified design shall include, but not be limited to, the use of compatible materials, architectural style, scale, massing, detail, roof forms, and landscaping. While mirror image" duplexes are not supported, the design intent should be one that creates a unified structure with enough variety and architectural interest to distinguish a duplex from a single family home. Excerpts from Avon Municipal Code - Title 17 Zonip 17.08.240 Dwelling, duplex: Duplex dwelling means a detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families., each living as an independent housekeeping unit. 1? 2RV)0 a E ON May 14, 2004 Tambi Katieb, AICP, Senior Planner and Community Development Department Staff Town of Avon Re: 2631 Bear Trap Road Avon, CO 81620 Duplex Development Tambi: 0048 E BEAVER CREEK BLVD SUITE 207 Box 5300 AVON, CO 81620 970 949.5200 vmda@vmda.com FAx0949.5205 Thanks to you and your staff for the follow up meeting yesterday. We did not obtain the direction sought by our design team, but were comforted by you and your stairs willingness to agree that the process we summarized from your guiding and regulatory documents is correct and very well stated (Re: VMDA 5/13/04 letter). To that end, we respectfully request that our "connection" proposal and the related issues of staff concern be placed on the upcoming agenda Work Session for the Planning and Zoning Commission and thank you in advance for that consideration. It is our intention to provide a quick overview of our most previous letter and to engage the P&ZC members in the same discussion about major and minor guidelines, etc. as they are pertinent to our soon to be submitted Sketch Plan Application. It is our perception that the flexibility of "supporting" even a minor deviation from a minor guideline is not within the Staff purview under current policy and administration. We therefore will seek the direction from the P&ZC as they have routinely considered and approved minor deviations for numbers of road cuts along with other subjective decisions as to design conformance etc. For the clarification purposes, we are not willing to discuss the "scraping" of a valuable resort home in order to re-create an "un-built" environment as was suggested by the Acting Director of Community'Development. We are seeking the same logic and application of regulations afforded to other residential developers and re-developers. Thank you. Sincerely, Mark Donaldson CC: Shane and Heather Bohart VMDA Project File Legal Counsel W:A0401\breeze051404.doc RECEIVED "4i' Y J. 4 2004 Community Development 14 ARCHITECTS CD co Z O CL- O Z CL. VN r- ? O 0 O DC , O 3 0 N M C ? Q Cl- 04 co L4j Lai en -i %0.4 u N %^ V7 0 -Ics Z O a O 2 a L4J ?.n r L4j O V !t G O DG , D J ? O 3 0 N M ?^ Q 09 H- ad -la yJ m Wj Q u I4 MEMO TO FILE: File: No submittal/ Proposed concept for design review Lot 30, Block 2, Wildridge Pre-application Meeting Date: May 6, 2004 Time: 9.00am Meeting with: Chris Juergens & Mark Donaldson/VMDA Architects / Shane Bohart (Owner) Staff. Anne Martens, Ken Kovalchik, Tambi Katieb Meeting Notes: Chris Juergens and Mark Donaldson (applicants) submitted for initial review concept site and elevation plans to construct a second duplex unit on Lot 30, Block 2, south of the original structure on the lot. The lot is zoned for a duplex, however, only a single family home currently exists. The applicant is proposing a entry feature roughly 15'-0" in length. Access to the existing home will be under the breezeway, which will require no modification to the existing driveway. The proposed unit will be similar in scale, architecture and materials as the original unit. The applicants state that due to the physical constraints of the lot the site location of the proposed unit is limited. Tambi stated that, as currently shown on the site plan, the connection between the two homes will definitely be an issue. Essentially this is a lot with two single family structures bridged together by a breezeway, which does not appear to meet the criteria for `duplex development' as stated in the existing design review guidelines. Tambi encouraged VMDA to show the Planning and Zoning Commission other design options and to provide elevations from different angles. VMDA stated that it is their opinion the two units will be structurally connected by the breezeway and that this will meet the Duplex Development Guidelines. They will evidence this point at the Planning and Zoning Commission meeting. Anne had a concern with the parking space dimensions in front of the proposed garage and whether there would be adequate space for backing out onto the driveway. She stated that she would like to see the turning dimensions for the driveway. Anne also had a concern with the drainage on the north side of the proposed unit. There will be 6 steps that drop down to the entrance and she would like to see the grading from the driveway to the to the duplex unit. Tambi mentioned that he would like to see the proposed grading and retaining required for the second unit, and in relationship to the other concepts already studied by VMDA. Mark stated that he would like to have staff support of this project before being heard by the Planning and Zoning Commission and inquired how to improve upon the site plan to obtain staff support. Tambi responded that the proposed unit should be moved closer to the existing home and create a unified structure that meets the criteria. Also, VMDA needs to show other options to meet the criteria will not work and why. He recommended that VMDA should illustrate scenarios of what else is in Wildridge in terms of duplex units and how they were designed. Mark inquired whether he could submit the Sketch/Final Design application together for a fast track approval. Tambi recommended doing the Sketch Plan first, then submitting the Final Plan after hearing the recommendations of the Commission. There were no further questions of staff and the meeting was adjourned. K.K. F:\Correspondence\lntemal\Application Meeting Minutes\L30 B2 WR Preapplication Mtng 5.6.04.doc t?() MEMO TO FILE: File: No submittal/ Proposed concept for design review Lot 30, Block 2, Wiidridge Pre-application Meeting 2 Date: May 13, 2004Time: 12:00pm Meeting with: Chris Juergens & Mark Donaldson/VMDA Architects / Shane Bohart (Owner) Staff: Norm Wood, Ken Kovalchik, Tambi Katieb Meeting Notes: Chris Juergens and Mark Donaldson (applicants) submitted for review four (4) concept site plans to construct a second unit on Lot 30, Block 2, south of the original structure on the lot. The lot is zoned for a duplex, however; only a single family home currently exists. No elevations, floor plans, or updated survey (showing corresponding grades) were submitted. The site plans for all options did not show retaining walls or finished grading anticipated with any of the options. Mark and Chris reviewed the letter dated May 13, 2004 to Town Staff regarding objectives and design philosophies for residential development as quoted from the current Town of Avon Desigg Guidelines. Mark stated the single-family home currently on the lot has been through the Town of Avon review process and believes the home is "stepped" in appearance. Mark also stated that drainage might be a concern for this site due to the topography, but he believes that there are no site design concerns that would hold up a sketch plan submittal. Mark considered the "Duplex Developments" guideline to be a minor one in comparison or in relationship to the major design philosophies as stated in the existing guidelines. He asked that staff consider the relationship of the guidelines, and provide an opinion to him on the proposed options. Chris reviewed the four (4) options of site plans and the preferred alternatives VMDA/owner feel will work best for this lot. In summary: Option A contains a storage unit of 30' extending from the original unit and is connected to the proposed unit by an open-air breezeway across the driveway. This option will not alter the existing access to the driveway. The views for the original unit are not affected. VMDA/owner believe this is the better option. Option B contains a connection between the two units via a mudroom and ski storage area. The mudroom/ski storage will only be used by the original home currently on site, and will not be the main entrance. This option minimizes site grading and will also preserve the view corridors. Option C is a duplex connected design. This design will block views for the original unit and is not a desirable option for VMDA/owner. Option D would require significant site disturbance for a driveway extension, since as shown on the hand drawn plan the driveway was proposed at twenty percent grade. VMDA/owner do not want to pursue this option any further. Mark and Shane both requested that they would like to have Staff support for a site design option prior to submitting an application. VMDA/owner requested input, from Staff, on what they would have to do to have their site designs comply with the Town of Avon Design Guidelines. Mark asked for comments from Tambi, Norm and Ken on the four (4) designs they had brought to the meeting and if we would approve any of the options. Staff provided input on the design options, but would not state that we would approve or render support to any options until a full application was submitted. Tambi suggested VMDA/owner attend the Planning and Zoning Commission meeting on May 18th, 2004 with their preferred design option(s) and discuss their interpretation of the design guidelines and the relevance of the "Duplex Developments" requirement in the existing guidelines, specifically the interpretation of "integrated structure". VMDA/owner agreed to this and stated they would bring option A and B to the work session. There were no further questions of staff and the meeting was adjourned. K.K. F:\Correspondence\lntemal\Application Meeting MinutesVvltng 2 L30 B2 WR Preapplication Mtng 5.13.04.doc ?) 1 Ken Kovalchlk From: Tambi Katieb Sent: Thursday, July 15, 2004 2:20 PM To: Ichrisj@vmda.com'; Ken Kovalchik Cc: Larry Brooks Subject: RE: 2631 Bear Trap Road Chris I apologize for not getting back to you this morning, but I did get your messages just now and this email. Chris, we as a staff continue to find that in applying the terms "integrated" and "unified" (as contained in the duplex development guideline), this application does not represent what we consider a duplex meeting the intent of that statement. While we do realize and fully understand your position with respect to site disturbance and site planning considerations, we feel an integrated structure would not necessarily represent or require the site to be so disturbed that it would compel the design you've submitted to be the only possible design. Likewise, the other part of your question related to a 'hierarchy' of the guidelines or policies contained therein is absolutely correct. There is not a heirarchy or point system to the guidelines, and each application represents in of itself an inherent prioritization of guidelines by the developer, a review and recommendation based on that prioritization by staff, and ultimately, action by the Planning Commission through the public process. More to the point, you've already asked what level of importance or priority has been placed by staff (and the Commission) as it relates to the "integrated" portion of the duplex guideline and I believe are very clear on the responses you've received to date. Ultimately, the guidelines represent a 'kit of parts' and the elected and appointed policy makers of the Town dictate to staff where that kit should be applied and amended from time to time as the community matures. That there is not a point system or other hierarchy ranking in the guidelines, or that certain guidelines are deemed as more important for specific applications is a function of the tools contained in that kit of parts, the recommendations of staff and direction to staff by policy makers, and ultimately the public process. That being said, I would think this excellent timing through the ongoing revision of the Design Guidelines to approach Council and ask that a hierarchy or point system be considered as part of the adoption of the revised guidelines, perhaps even a reconsideration or deletion of the duplex development statement in light of our response to this application. If I can help facilitate this request to Council in any way, please don't hesitate to call me. Cheers, Tambi Katieb, AICP Director Town of Avon Community Development P.O. Box 975 Avon, CO 81620 Phone: 970.748.4002 Fax: 970.949.5749 -----Original Message----- From: Chris Juergens [mailto:chrisjcsvmda.com] Sent: Thursday, July 15, 2004 12:17 PM To: Ken Kovalchik Cc: Tambi Katieb Subject: 2631 Bear Trap Road 1 ?a Ken, Thanks for meeting with me on Tuesday July 13. I felt as though we had made substantial progress in conveying our approach to the Duplex Development of this site. We believe that we are in compliance with the Guidelines and have responded appropriately to the site and environment. As I have not yet had the opportunity to speak with Tambi, we would like to reiterate our postion. If staff is unable to agree with our postion, we will need to understand the following as discussed on Tuesday. 1. What criteria is being used to evaluate the connectivity of the structure as it pertains to the Guidelines? What method is the staff using to determine integrated or not integrated? (We believe we have an integrated structure that responds appriately to the site.) _2. It does not appear that there is any hierarchy to the Guidelines. Is this correct? 3. Why is it acceptable to choose which Guidelines may be applicable to one project and not another? It would seem that the same guidelines should apply to all applications. We respectfully request a written response to these questions. sincerely, Chris Juergens VMDA a3 AVON C 0 L O R A D 0 July 21, 2004 Mark Donaldson P.O. Box 5300 Avon, CO 81620 RE: SKETCH PLAN DENIED FOR Lot 30, Block 2, Wildridge Subdivision Post Qtfic•e Bo.a 975 400 6cnchmarlRood Aron. Colorado <S1020 970-748-4000 970-949-9139 Fax 970-845-7708 7T1 Mark: At their July 20, 2004 meeting, the Town of Avon Planning and Zoning Commission denied your Sketch Plan for Lot 30, Block 2; Wildridge Subdivision due to conflicts with the following Planning and Zoning Commission review criteria: 1) The proposed duplex connection appeared to be two single-family homes bridged by a breezeway and did not create an integrated and unified structure. The connection does not meet the definition of a `Duplex Development' as stated in the Town of Avon Design Review Guidelines. Thank you for your application. Please contact me at 748.4017 if you have any questions or require additional assistance. Kind Regards, Kenneth Kovalchik Planner I Cc: File (S-DR2004-11) F. IPlanning & Zoning CommissionWeeting Letters12004W72004UO, Block 2, Wildridge Subdivision Sketch denial.doc jq E Y N--( (3 1"1 s Minutes of Planning and Zoning Commission July 20, 2004 Wildridge Fire Station 2110 Saddleridge Loop Avon, Colorado 1. Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners-were present. III. Additions and Amendments to the Agenda There was one amendment to the Agenda to move Item VI, Sketch Design Plan, Property Location: Lot 8, Block 5, Wildridge Subdivision/1031 West Wildwood Road, to the Consent Agenda. Chairman Evans requested moving the discussion of the Comprehensive Plan to the last item on the Agenda. IV. Conflicts of Interest Commissioner Savage recused himself from Item VI. Sketch Design Plan, Property Location: Lot 30, Block 2, Wildridge Subdivision/2631 Bear Trap Road, Applicant VMDA, Mark Donaldson, Owner: Shane Bohart. V. Consent Agenda Commissioner Smith motioned for the approval of the Meeting Minutes from the July 6th, 2004, Planning and Zoning Commission Meeting; and Item VI, Sketch Design Plan, Property Location: Lot 8, Block 5, Wildridge Subdivision/1031 West Wildwood Road, Applicant: Stephen Richards, Owner. Steven McDonald, be approved on the Consent Agenda. Commissioner Savage seconded the motion and the motion passed unanimously. VI. Sketch Design Plan Property Location: Lot 8, Block 5, Wildridge Subdivision/1031 West Wildwood Road, Applicant: Stephen Richards, Owner.' Steven McDonald Description: Stephen Richards is proposing a sketch design for two triplex units on West Wildwood Road. This lot is zoned for six units. Proposed materials include: wood siding and stucco. Each unit will be approximately 2,500 sq. ft., including garage space. Moved to Consent Agenda. VII. Sketch Design Plan F TIanning & Zoning Commission\Minutes\2004\072004.doc Page] of 5 a57 Property Location: Lot 30, Block 2, Wildridge Subdivision/2631 Bear Trap Road, Applicant. VMDA, Mark Donaldson, Owner. Shane Bohart, Description: Victor Mark Donaldson is proposing a sketch design to add an additional dwelling unit to an existing single-family home on Bear Trap Road. The property is zoned duplex and this dwelling unit is the second unit. The concept for this application was presented to the Commission during the Work Session of the May 18th, 2004 meeting, and the application was tabled to this meeting from the July 20, 2004 meeting. Ken Kovalchik presented the Staff Report. Mark Donaldson and Chris Juergens, applicant representatives, discussed the application, as complying with all Design Guidelines, designed to grade for building height, and the plan was a "site responsive driven design". Commissioner Evans noticed and permitted a member of the public to make comment. Greta Blamire, neighbor, advised the commissioners of the impact the plan would have on her home with the obstruction of the view corridor. Commissioner review began with Commissioner Struve commenting on the design, to attach the new duplex portion to the existing structure, did not look connected or cohesive but resembles a breezeway. Commissioner Smith concurred with Commissioner Struve's comments. Commissioner Karow agreed that the design responds well to the site and technical issues could be resolved, however, the integrated design is difficult witt an existing single-family house and it fell short of the Design guidelines, as it resembled a breezeway. Commissioner Didier and. Chairman Evans -agreed with Commissioner Karow's comments. Commissioner Trueblood suggested a PUD to create two single- family lots, as the design is too dissimilar however close to meeting the guidelines. Mr. Donaldson and Mr. Juergens questioned the criteria to be used for connected and unified. They were looking for guidance, as there were no definitions and believed they had complied with the guidelines. Chairman Evans responded that the design guidelines provided guidance to the "bridging" of duplexes. Commssioner Karow moved for denial of Item VII. Sketch Design Plan, Property Location: Lot 30, Block 2, Wildridge Subdivision/2631 Bear Trap Road, Applicant. VMDA, Mark Donaldson, Owner. Shane Bohart, with Commissioner Struve seconding the motion. The motion for denial passed 5 -1 with Commissioner Trueblood opposing denial of the application. VIII. Comprehensive Plan Public Input - Public Hearing Topic: Comprehensive Plan Update Applicant.' Town of Avon Description: The public is invited to this special neighborhood meeting to provide input and feedback on the proposed update to the Town Comprehensive Plan. FAPlanning & Zoning CommissionNinutes\2004\072004.doc Page 2 of 5 Z This is a special neighborhood meeting where the mapping and story boards provided at the first public open house will be available for review and comment. Commissioner Evans gave a quick overview of the Comp Plan to the attendees and introduced Commissioner Smith and Brian Sipes, Town Councilman, along with Tambi Katieb, staff member, as members of the Comp Plan Steering Committee. Dialogue regarding the fire station location, traffic, parking convenience, and commercial drawing ability resulted. IX. Special Review Use - Public Hearing Property: Lot 61 PUD, Block 2, Benchmark at Beaver Creek Subdivision/75 Benchmark Road. Applicant: Skyhawk Rugs, Owner. IDG3 LLC, Description: Skyhawk Rugs is proposing to operate a temporary retail rug sales business on this lot from August 5th 15th. The hours of operation will be frorrr- - 9:00am to 7:30pm daily. The applicant will have a cargo trailer and display racks on-site and parking will be provided within the lot. Ken Kovalchik presented the Staff Report. OPEN PUBLIC HEARING No public comment. CLOSE PUBLIC HEARING Commissioner Karow moved to approve the application with Commissioner Smith seconding the motion. The motion passed with all commissioners in favor. X. Minor Project - Fence Property. Lot 1078, Block 1, Wildridge Subdivision/3063B Wildridge Road, Applicant: Michael & Sandy Horning, Owner.' Michael & Sandy Horning, Description: The applicant is proposing to construct two new decks and install a split rail fence for dogs. Staff approved the deck portion of this application and the fence requires approval by the Planning Commission. The applicant is proposing to install a split rail fence 4 feet in height on the north side of their property for their two dogs. The length of the fence appears to be greater than of the length of the perimeter of the property by approximately 10 feet. Ken Kovalchik presented the Staff Report. Sandy Horning, applicant, stated this was a resubmission from her original plans and the fence would be less than 4 feet in height and would be used to contain her dogs. She presented two options for the commissioners to review. Commissioner review focused primarily on the premise that "fencing was discouraged" in the Design Guidelines. Rick Walter, Wildridge resident, stated that trees surrounded the fence location. FAPlanning & Zoning CommissionNinutes\2004\072004.doc Page 3 of 5 1-7 Commissioner Savage motioned to approve Option #2 and approval was contingent that no chicken wire or chain link be used and staff must approve the materials to be used. Commissioner Didier seconded the motion and the motion passed 6 to 1 with Commissioner Karow opposing approval. XI. Design Modification Property. Lot 22, Block 4, Wildridge Subdivision/5588 Coyote Ridge, Applicant: Ruth Miller, Owner. Ruth Miller, Description: The applicant is proposing to add an additional dwelling unit to this duplex-zoned lot. On June 14th, 2004 the applicant submitted a minor project application proposing to construct a detached two-car garage with an apartment below. On June 18th 2004 Staff notified the applicant that the application was denied because the application does not meet the definition of a duplex per section 17.0&.240 of the Avon Municipal Code. The applicant is appealing the Staff decision. Tambi Katieb presented the Staff Report. Ruth Miller, applicant, stated that her desired plan was not presented and the addition was an extra bedroom and a second garage, and not a dwelling unit and without a kitchen. Commissioner review revolved on the issues of lock off unit, definition of a dwelling unit and the impact of a kitchen install at a later date. Chairman Evans questioned the for-sale sign on her property and Ms. Miller responded that the house would have greater sales dollars with the addition planned. Commissioner Trueblood motioned for approval of this Design Modification for a second bedroom, second garage and no kitchen installation. Commissioner Savage seconded the motion and all commissioners were in favor. XII. Amendments to Zoning Code & Design Guidelines - Public Hearing Property Location: Town of Avon, Applicant. Town Staff Description: In response to comments and feedback received from the building community during Public Hearings with the Town Council, staff was directed to clarify and improve the design review and building permit processes. Changes proposed include clarifications to the building height definition, PUD process, and public notice when reviewing Preliminary Subdivision plans in conjunction with PUD applications. Various amendments to the Design Guidelines are proposed and include: new sketch design plan requirements, appeals process revision, consolidated final design checklist, building height clarification to match Zoning Code, retaining wall definition, and a revised scheduling section. The amendments were reviewed at the July 6, 2004 meeting and continued to this hearing. Tambi Katieb discussed the revisions to the Zoning Code and Design Guidelines. Approval was sought to move the Amendments to Town Council for final F:\Planning & Zoning Commission\Minutes\2004\072004.doe Page 4 of 5 W approval. Commissioner review questioned the compliance of existing submitted applications and Mr. Katieb voiced that it shouldn't be an issue as the new guidelines are less restrictive. Commissioner Smith asked if there is a limit to the number of rows of retaining walls permitted and Staff stated that if there were over three rows of walls it would become a structural wall. Commissioner Savage complimented Staff on a job well done. OPEN PUBLIC HEARING Greta Blamire commented she would like to see the height requirement prevent excessive heights. CLOSE PUBLIC HEARING Commissioner Karow motioned to approve Resolution No. 04-20 and Resolution No. 04-21 for the Amendments to the Zoning Code and the Design Guidelines as presented by Staff. Commissioner Smith seconded the motion and all were in favor. IX. Other Business (Other business as may come before the Commission) Commissioner Trueblood brought up concerns for a Maintenance Ordinance for the Town of Avon to encourage ongoing preservation. X. Adjourn CCmmissioner Didier made the motion to adjourn. Commissioner Struve seconded and the motion was unanimously approved. The meeting adjourned at 7:45 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Andrew Karow Vice Chairman Terry Smith Secretary FAPlanning & Zoning Commission\Minutes\2004\072004.doc Page 5 of 5 1)(11 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 27, 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 Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director Tambi Katieb, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed as well as members of the press and public. Resolutions Community Development Director Tambi Katieb presented Resolution No. 04-25, Series of 2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the Wildridge Planned Unit Development. He presented once again the resolution with some revisions from the last meeting and explained that the intent of the resolution is to provide policy direction to the community and potential owners of properties in Wildridge that contain platted non-developable areas. Councilor Sipes moved to approve Resolution No. 04-25, Series of 2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the Wildridge Planned Unit Development with an amendment to Section 2 to state "the basic area is traded on a greater than or equal to a one-to-one basis so that the land designation is not reduced or diminished: and" etc. Councilor Wolfe seconded the motion and it passed with five to one roll call vote (P. Buckley - nay). Community Development Director Tambi Katieb presented Resolution 04-28, Series of 2004, a Resolution approving revised Town of Avon Residential, Commercial and Industrial Design Review Guidelines - Procedures, Rules and Regulations as adopted November 6, 2001. He noted that the Resolution proposes several revisions to the Design Review Guidelines as a result of meetings with the Council and the Building Community wherein an exchange of how to improve & revise the process would benefit both parties. He summarized some of the revisions. Some discussion ensued about submittal requirements and whether or not the definition of building height was clear enough to all. Councilor Sipes moved to approved Resolution 04-28, Series of 2004, a Resolution approving revised Town of Avon Residential, Commercial and Industrial Design Review Guidelines Procedures, Rules and Regulations as adopted November 6, 2001 with a minor revision to page 13 (council packet memo) Section 6 - Application & Processing in the Sketch Plan Review, #3 would still include the floorplans requirement. Councilor Brown seconded the motion and it passed unanimously with a roll call vote. Town Engineer Norm Wood presented Resolution No. 04-29, Series of 2004, Resolution Approving and Accepting the Public improvements Installed and Constructed in Accordance with Subdivision Improvements Agreement of the Village (At Avon) Filing 2 and Establishing Warranty Period for said Improvements Avon, Eagle County, Colorado. He noted that the improvements generally consist of extension of Swift Gulch Road, bike path, storm drainage, debris flow basins, water main extensions, sewer main extensions and shallow utilities to serve the Buffalo Ridge Housing project. He noted that the construction is complete & all required materials and certifications have been submitted. He explained that the resolution also establishes a one year warranty period and allows release of the security deposit with a dual oblige bond to provide security for the warranty period. Councilor P. Buckley moved to approve Resolution No. 04-29, Series of 2004, Resolution Approving and Accepting the Public improvements Installed and Constructed in Accordance with Subdivision Improvements Agreement of the Village (At Avon) Filing 2 and Establishing Warranty Period for said Improvements Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion and it passed unanimously with a roll call vote. Ordinances Town Attorney John Dunn presented on second reading Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings. He noted that the Ordinance addresses the recently passed legislation at the State that allows tastings at the above referenced establishments. He noted that the local ordinance follows state law exactly and that the tastings are not limited to just wine, but to spirituous liquors as well. Mayor Reynolds opened the public hearing, no comments were made, and the hearing was closed. Councilor Brown moved to approve Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings. Councilor D. Buckley seconded the motion and it passed unanimously with a roll call vote. Town Attorney John Dunn presented on second reading Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor. He noted that the Ordinance addresses the conflict between Avon's Code and the recently passed legislation at the State pertaining to open containers. Some discussion ensued about how Police officers would know that the container came from a restaurant. Mayor Reynolds opened the public hearing, no comments were made, and the hearing was closed. Councilor Sipes moved to adopt Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor. Councilor Wolfe seconded the motion and it passed unanimously with a roll call vote. Town Attorney John Dunn presented Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. He explained that the legislation is a result of Avon's problems with bears. He noted that Town of Vail & Town of Blue River have adopted legislation that he reviewed to draft Avon's ordinance as well as some discussion with Bill Andre, Division of Wildlife. Discussion ensued with regard to the details of Sections 8.32.030 - Residential Refuse Disposal & 8.32.050 - Construction Site Refuse Disposal as well as the differences between "bear-resistant & bear-proof containers". Councilor Wolfe moved to approve Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof with three changes as follows: 1. 8.32.030 - Letter A - include only "fully enclosed and secured structure" 2. 8.32.030 - Letter B - include "before the end of the same day" instead of 7 pm. 3. 8.32.050 - include "or such refuse shall be removed from the site by the end of each day. Mayor Pro Tern McDevitt seconded the motion and it passed unanimously with a roll call vote. A representative from a Sold Waste Systems out of Parker, Colorado was present to display two different types of refuse containers and explain to the Council the products his company offers. A Wildridge resident expressed concern about the enforcement of this legislation; he noted that the leash law seemed never to be enforced in Wildridge. Some discussion ensued about his concern; some Council members expressed their concern about the safety for the community because of these bears roaming the area. Regular Council Meeting Page 2 of 4 July 27, 2004 Community Development Director Tambi Katieb presented Ordinance No. 04-12, Series of 2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal, Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of Building Height, and Parking. He noted that several revisions to both the Zoning & Subdivision Codes pertaining to some of the following topics: ? Building height definition ? PUD Submittal Requirements & PUD Amendment Procedures ? Development Agreements & PUD Applications ? Coordination of Public Notice provisions with Preliminary subdivision applications ? Clarification of existing parking standards for Commercial Land Use ? Revised SPA / PUD definition and notice provision in the Subdivision Regulations There was some concern and discussion regarding the timing of the public notices, the completion of the staff report and when it is given to the applicant, in that, the applicant can then table consideration of the application. Several ideas were addressed, extending more time in the process, creating an interim draft report, none of which seemed to be an ideal solution. Some discussion also ensued about the definition of a "complete application" and everyone agreed that the language drafted was adequate (as well as agreed to by the Town Attorney). Everyone then agreed that staff drafts a process that would address this timing scenario and include language for second reading. Councilor Wolfe moved to approve Ordinance No. 04-12, Series of 2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of Building Height, and Parking with the following direction to staff at second reading we further rework the timing of submission and P&Z hearings as discussed that meets staff approval. Councilor D. Buckley seconded the motion and it passed unanimously with a roll call vote. A public hearing would be held at the meeting on August 10, 2004. Town Engineer Norm Wood presented Ordinance No. 04-13, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. He noted that this Ordinance was proposed to address future construction projects that may have less impact if certain activities are performed outside the limited construction hours stipulated in Section 8.24.085 of the Code, i.e. such as work done in areas such as Avon Road. He explained that this legislation would provide some needed flexibility for certain construction activities while maintaining protection intended in the current code. Councilor Sipes moved to approve Ordinance No. 04-13, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. Mayor Pro Tern McDevitt seconded the motion and it passed unanimously with a roll call vote. New Business Town Clerk Patty McKenny presented a Permit Application for Outdoor Use of Sound Amplification System submitted by applicant John Osurio, American Crown Circus, Inc. July 29, 2004; 2 shows, 6 PM - 8PM & 8 PM - 10 PM. She noted that per the Town Code, a permit requires a public hearing & Council approval for amplified sound after 8 PM in Nottingham Park. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve the Permit Application for Outdoor Use of Sound Amplification System submitted by applicant John Osurio, American Crown Circus, Inc. for July 29th. Councilor Brown seconded the motion and it passed unanimously. Regular Council Meeting Page 3 of 4 July 27, 2004 Other Business Town Clerk Patty McKenny highlighted some notable election dates for the following month. She noted that qualified persons could obtain Election packets/Nomination Petitions from the Avon Town Clerk's office beginning Tuesday, August 3, 2004 with a deadline date for submitting nomination petitions to the Clerk's office no later than 5 pm on Monday, August 23, 2004. Mayor Report Mayor Reynolds commented on the recent 1-70 Corridor Coalition Meeting that he and Town Manager Larry Brooks attended recently. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved to adopt the consent agenda. Councilor Brown seconded the motion and it passed unanimously. a. Approval of the July 13, 2004 Regular Council Meeting Minutes b. Renewal of Hotel/Restaurant liquor license for China Garden, 100 W. Beaver Creek Blvd, Avon, Colorado c. Nottingham Road Improvements - (Phase 1) Easement Appraisals - Valuation Consultants, Inc. Appraisal Services Proposal d. Nottingham Road Improvements (1-70 to Buck Creek Road) Intermountain Engineering„ Ltd. Additional Engineering and Contract Administration Services Proposal e. Resolution No. 04-30, Series of 2004, A Resolution Consenting To Participation By The Eagle Valley Library District In The Colorado Intergovernmental Risk Sharing Agency f. Resolution No. 04-31, Series of 2004, Resolution Approving the Final Plat, A Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5350 Ferret Lane) g. Polling Place Agreement - Eagle County Clerk & Recorder There being no further business to come before the Council, the meeting adjourned at 7 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 Page 4 of 4 July 27, 2004