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TC Council Packet 08-24-2004FINANCIAL MATTERS August 24, 2004 YTD Building Revenue Report Actual vs Budget - July 2004 2. Detail-Real Estate Transfer Taxes - July 2004 3. Accomodations Tax Worksheet Actual vs Budget - June 2004 4. Sales Tax Worksheet Actual vs Budget - June 2004 ' ?C] NCO NO Nl0co ?'D N N D -I Ln N Ln av N lD Q ,-1 ,-{ H CQ . . . . . . . . , of N M M (D r N in to lp r oo cx) N r-i LO lfl ID .-A .--I .-I G: A W U GW 0') N(N u) rlOOM co oD < E4 to mNrn NWNID Ln LO fal C (Y) Un \O N N tO N E W N M rno o Oo 0 r a rnrnmo rlOrn?r rn r ? r l0 ,-i o ,-? o ? is O lD r I r co t? CO r, O W .-I N N N (n r- N N N H v' CO CO O r 1-i in M c! V? < N CD ?-i.-IV? MrNM r , r - ?O v6101 61 MOM N N OW om<rrn OrCilr r r N `,Z ?f'OJ COO O?NIOr N o O C1'. W cc, ?' N H N l0 lp ?' 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Nrrr Q>MU?N u? uj H M m Ln CO '--I u> in u> 5 (\Q N N kJ O ? r, I W - w II co u) U) ul 4-4 1 u) u) H H H W U El El CO > 44 ?? p u W CZ CZ W0., f, Ww O W W zHco ?- WWa? x0D a FCZ UH wf4 D E' z H a - xH z W Q Q H G-, I v- z u) U> Z z W D x 1 cco Z M " W Cu W F H2) UZ ?CWco0 W W I D?--IWw aDWC? ?-7 W F-i x c? w a u w 0 Z z 7 z W rH Q >F H O E - Z E~ H z ED U D r M v' a H N M a a r-a +O w o O 7, o0< o0or? < < U z U NNN E+ N N N E+ F F )U W D U NNNO crrnc0 0 O > < u) W in Ln in F to in in E, F F Town of Avon Real Estate Transfer Tax Calendar Year 2004 Amount Purchaser Name Property Received June Balance Forward $ 928,436.14 Title Comp Rockies Christie Lodge Timeshare 99.95 Title Comp Rockies Christie Lodge Timeshare 50.00 Title Comp Rockies Christie Lodge Timeshare 130.00 1 st American Heritage Falcon Pointe Timeshare 56.00 1 st American Heritage Falcon Pointe Timeshare 30.00 Timeshare Transfer Mtn. Vista # 1406 40.00 Title Comp Rockies Mtn. Vista 04-27 8,118.20 Title Comp Rockies Mtn. Vista 04-26 4,918.90 Title Comp Rockies Lakeside Terrace 4-24 244.90 Title Comp Rockies Lakeside Terrace 4-16 634.80 Jon W. Meckem Sunridge @ Avon II B-202 3,100.00 Petra Sambergerova Sunridge @ Avon II E-203 2,610.00 Robert Scott Burger Sunridge @ Avon C-206 590.00 Meredith H. Mueller Sunridge @ Avon A-206 860.00 Donald & Ann Wickwire Seasons @ Avon 419 4,100.00 Brian Burns Beacon Hill 1-10 2,000.00 Phyllis Buck Stone Creek Condo 211 7,900.00 Todd Grzywinski Avon Crossing 2101 4,360.00 Shelley Slater Avon Center @ B.C. 406 1,760.00 William A. High Avon Center @ B.C. 706 4,830.00 Warren P. Schick Grandview Condo 202 667.30 Eko Wiono Barrancas II K-31 1,298.00 McGuire Scroggins & Jens Werner Barrancas 1-25 1,122.00 Daniel S. Verbeten Barrancas 11 1-26 1,138.00 Brian S. Baker Barrancas II K-32 1,038.00 Casey Kraft Barrancas 11 0-44 950.00 Joshua Boe Barrancas J-28 1,120.00 Alisa & Markus Galehr Barrancas M-37 1,100.00 Scott D. Norman Barrancas G-19 1,318.00 Pia Reynaldo Greenbrier Condo I D-31 1,370.00 Mark Unicume Metcalf Commercial Park 202 4,300.00 Rejda Holding LLC Metcalf Commercial Park 109 3,928.60 Lai T. White Benchmark Condo C-4 1,400.00 Lorna Pankratz Chapel Square B-207 5,200.00 Summerlin, McDonald, Chagnon & Timmerm Chapel Square B-224 5,100.00 Elizabeth Buchan Whitley Living Trust Canyon Run G-201 6,420.00 Steven & Paulette Barnes Stonebridge Townhomes # 14 9,700.00 Peter & Christy Geyer Gosshawk Townhomes # 9 2,300.00 Luther R. Duett Buffalo Head Townhomes # 2 3,100.00 H. Elizabeth Randall Sunflower Townhomes # 3 6,500.00 1st American Heritage Mtn. View Townhomes # 3 2,500.00 Town of Avon Real Estate Transfer Tax Calendar Year 2004 Purchaser Name Property William & Rebecca Vancuren Elk Run Townhomes 80-A John & Shawna Knauf Wildridge Bluff Townhome D Albert & Susan Weihl Wildridge Bluff Townhome F Beth Chow Lot 75-A Blk 1 Wildridge Anthony Scharpf Lot 52-B Blk 1 Wildridge Prudential Residential Services Lot 15-A Blk 3 Wildridge Carel & Marc Slatoff Lot 15-A Blk 3 Wildridge Total July Revenue Total YTD Revenue Total 2004 Budget Variance, Favorable (Unfavorable) Received 3,380.00 4,801.50 9,900.00 8,780.00 4,900.00 19,900.00 19,900.00 179, 564.15 1,108,000.29 1,350,000.00 $ (241,999.71) W W y Y p > a ?m LL Z p. O Q I.V CO Q G O U Q W 0) MO .C N E 6 0 0 C N 1 U) C O Q? O N U O H } p N CC) M O N 0 O N 69. 0 0 0 0 0 0 'off 0 0 0 0 0 0 h tt (A O O 0 0 0 0 0 0 OD 00 n t(i N ((') ?{ 0 0 0 0 0 0 (D (A N t(7 00 0 0 0 0 0 0 f` V N O N O O O O O O : M cl? O rl? CV N 41 O 00 t` r` r? (1) N N ? 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VI Ge ? 6M9 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD AUGUST 24, 2004, AT 4:45 PM AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:45 PM - 5:00 PM 1) Council Committee Updates: - Council members are assigned to several committees and update their progress. 5:00 PM - 5:15 PM 2) Sponsorship Grant Proposal from Vail Valley Foundation Review of grant request to support the Birds of Prey World Cup week. 5:15 PM - 5:20 PM 3) Staff Updates 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 20, 2004: ? Avon Municipal Building, Main Lobby ? Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Avon Council Meeting. 04. 08.24 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: August 18, 2004 Re: Sponsorship Grant Proposal for the Town of Avon from the Vail Valley Foundation Summary: Please note that this enclosure will be located in the front of your notebook. TOWN OF AVON REGULAR COUNCIL MEETING AGENDA AUGUST 24, 2004 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDLING, 400 BENCHMARK ROAD, AVON, CO 1. Call to Order / Roll Call 2. Citizen Input a. Carolyn Bradford, Eagle River Cleanup, September 19, 2004 - Request for Funds b. Fraidy Aber, Special Events, Avon Triathlon Update 3. Resolutions 4. Ordinances First Reading a. Ordinance No. 04-14, Series of 2004, First Reading, An Ordinance amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code, the 2003 International Building Code for One- and Two- Family Dwellings, the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Hereof (iambi Katieb) - Adoption of most recent codes published by the International Code Council will replace previously adopted Codes by the International Conference of Building Officials. These codes are considered as new national standard codes & have been adopted by Eagle County and surrounding communities. b. Ordinance No. 04-15, Series of 2004, First Reading, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 54, 55, 89, 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado ("Quasi Judicial") / (Tambi Katieb) - Proposal to rezone four lots that are currently zoned for duplex & triplex development to create eight single-family lots 5. New Business a. Proclamation - Eagle River Fire Fighter Appreciation Week - August 20th through September 5th as submitted by the Muscular Dystrophy Association. 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report Avon Council Meeting. 04.08.24 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA AUGUST 24, 2004 - 5:30 PM Page 2 11. Consent Agenda a. Approval of the August 10, 2004 Regular Council Meeting Minutes b. Coordinated Election Intergovernmental Agreement (Patty McKenny) c. Resolution No. 04-32, Series of 2004, Resolution Certifying Delinquent Payments for Local Improvement District No. 1990-1 (Wildridge Special Improvement District) for Collection by Eagle County Treasurer (Scott Wright) d. Resolution No. 04-33, Series of 2004, Resolution Authorizing the Use of a previously approved Governmental Lease-Purchase Master Agreement dated March 28, 2003 and approving a Supplement Thereto and Related Documents and Certificates (Scott Wright) e. Fire Station Lease (John Dunn) - Execute lease agreement for the two Avon Fire Stations f. Contract with Revenue Recovery Group (Scott Wright) Implementation of sales tax audit program by entering into agreement with Revenue Recovery Group g. Renewal of Contract with Qwest Corporation - Interstate Private Line Transport Services Pricing Plan Acknowledgement (Scott Wright) - Contract for Point -to- Point T-1 Circuit In. Metcalf Basin Drainage Improvements (Nottingham Road to 1-70) B&B Excavating, Inc. - Construction Contract 12. Adjournment Avon Council Meeting. 04.08.24 Eagle River Q? Watershed Council Avon Town Council Members TOWN OF AVON P.O. Box Avon, CO 81620 RE: EAGLE RIVER CLEAN UP - SEPTEMBER 19, 2004 Dear Members of the Avon Town Council, August 16, 2004 I am writing to request the Town of Avon's continuing financial support of the 9th Annual Eagle River Clean Up scheduled for Sunday afternoon, September 19, 2004. First, let me thank you for the Town of Avon's stewardship of the Eagle River environment. Your leadership and support of both the Community Pride Highway Clean Up and the Eagle River Clean Up are sincerely appreciated. While the river seems cleaner this year than ever before, on closer inspection, we find there will be hundreds of bags of litter collected from the riverbanks during our fall clean up. Your annual contribution of $1,000.00 has supported the costs of this fall community service project that has grown to involve over 400 volunteers. Dedicated people from all over the valley come together to pick up litter from the banks and shallows of the Eagle River and her tributaries from Red Cliff, through Avon and all the way past Gypsum. Thank you for considering a donation in the same amount for the project this year. We appreciate the sustaining support from the municipalities throughout the valley, especially during these lean budget years. It is important to recognize how much we are able to leverage Avon's financial support with thousands of hours of volunteer time in addition to donated goods and services from businesses across the community. The 9th Annual Eagle River Clean Up is not a fundraiser for other projects. Your funds are simply supporting this clean up of litter along the river and reconnecting citizens with the wonderful natural resource that flows through the heart of Avon. Please don't hesitate to contact me if you have any questions about the clean up, your contribution or the attached pledge invoice. I can be reached at 970-827-5406 or by email. I look forward to answering your questions at the August 24th Avon Council meeting. Thank you again for your sustaining sponsorship of both the Community Pride Highway Clean Up and the Eagle River Clean Up projects. We value the Town of Avon's role in our success. Best regards, Caroline Bradford Executive Director Eagle River Watershed Council The Eagle River Watershed Council is a Colorado nonprofit corporation, ID # 84-1179534. Our mission is to advocate on behalf of the health and conservation of the Eagle River watershed through research, education and projects. We provide a forum where everyone can gain a greater understanding of the Eagle River environment. Tel. 970-827-5406 Office: 291 Main Street Minturn Mail: P.O. Box 10 Red Cliff, CO 81649 bradford@vail.net Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Fraidy Aber, Meryl Jacobs Date: 8-19-04 Re: Avon Triathlon/Duathlon Summary: The 9"' annual triathlon/duathlon will be held on Sunday August 29`h starting at 7:30 AM. The swim is 16 laps in the Rec Center Pool; the bike is a challenging 14.3 mile climb upper bachelor gulch coming down beaver creek. The run is going to utilize the eagle river new walking/ jogging path and head eastbound towards eagle Vail, the turnaround will be at the Coul-de-Sac at the end of Eagle Bend (approximately 5.2 miles). Financial Implications: The fee structure for the event is: $45 for the duathlon, $55 for the triathlon; $60 for a duathlon team and $75 for a tri team. We anticipate generating $12,500 in entry fees. At least half of our participants to date are not local, and will be spending Saturday evening in Avon. The lodging community has always done very well on the triathlon weekend. Town Manger Comments: , ?A Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee Tambi Katieb, Director of Comm ty Development Date: August 18, 2004 Re: Ordinance No. 04-14, Series of 2004, An Ordinance Amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code; the 2003 International Building Code for One and Two Family Dwellings; the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Thereof - First Reading Summary: Attached Ordinance No. 04-14, Series of 2004 adopts the 2003 International Building Code, 2003 International Residential Code for One and Two Family Dwellings, 2002 Edition of the National Electrical Code, 2003 International Mechanical Code and the 2003 International Fire Code. These codes published by the International Code Council will replace previously adopted codes published by the International Conference of Building Officials. These codes are considered as new national standard codes and have been adopted by Eagle County and other towns in the area. We held a public meeting with special notice going to the building design and construction professionals in the area and only positive feedback was received with respect to the proposed codes. The modifications to the referenced codes generally follow modifications to the previously adopted codes. Deviations from the previously adopted code modifications include: Building, Residential, Electrical and Mechanical Codes 1. The Permit Fee structure has been modified to correspond with the new Codes and to basically match the Eagle County Fee Structure. a. A Resolution establishing the actual permit fees will be presented for approval at second reading of this Ordinance. C:ADocuments And SettingsANwoodWy Doeuments\Ternp\Bldg. Codes\Memo-2.Doc 2. The minimum insurance requirements for a contractors license will be increased from $150,000 per person, $600,000 per accident and $50,000 property damage to $1,000,000 per occurrence and $2,000,000 general aggregate. 3. Provisions related to Certificate of Occupancy have been modified to clarify duplicate and conflicting provisions in the current code. 4. Previous fire related amendments to the Building Code have been deleted from the modifications. These provisions will be dealt with through the Fire Code. 5. Provisions related to elevator permits and inspections have been modified to clarify provisions for the administration of elevator permits and inspections by NWCCOG. 6. Modifications to the National Electrical Code clarify the electrical pen-nits and inspections will be administered and performed through the office of the Colorado State Electrical Inspector. 7. Modifications have been made to clarify the commencement of construction (approval of final footing inspection) for the purpose of establishing an active building permit. 8. Modifications are included to clarify decisions and actions of the Building Official that may be appealed to the Town Council when acting as the Building Board of Appeals. The 2003 International Fire Code 9. Provisions are included in the Fire Code adoption to clarify that the Eagle River Fire Protection District will be responsible for permit administration, plan review and inspections of fire alarm and sprinkler systems. 10. The Fire Code is modified to designate the Building Official as the Fire Code Official responsible for the issuance of operational permits for fire alarm and sprinkler systems. 11. The Fire Code is modified to designate the Eagle River Fire Protection District Board of Directors plus a representative from the Town, as appointed by the Town Council, as the Board of Appeals related to Fire Code issues. The Fire Code Official (Building Official) is an ex-officio member of the Board. Implementation of the 2003 International Fire Code will require an Intergovernmental Agreement between the Town of Avon and the Eagle River Fire Protection District. We will have an Agreement for consideration and action in conjunction with Second Reading of this Ordinance. Applicants will have the option of complying with current codes or the new codes from the effective date of this Ordinance through December 31, 2004. Beginning January 1, 2005 all permits will be issued under the new codes. We believe this provides adequate time for projects that may be under design based on the current codes. We recommend approval of Ordinance No. 04-14 on First Reading. • Page 2 Z Recommendation: Approve Ordinance No. 04-14, Series of 2004, An Ordinance Amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code; the 2003 International Building Code for One and Two Family Dwellings; the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Thereof, on First Reading. Proposed Motion: I move to adopt on First Reading, Ordinance No. 04-14, Series of 2004, An Ordinance Amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code; the 2003 International Building Code for One and Two Family Dwellings; the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Thereof. Town Manager Comments: • Page 3 3 ORDINANCE NO. 04-14 SERIES 2004 AN ORDINANCE AMENDING TITLE 15 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2003 INTERNATIONAL BUILDING CODE, THE 2003 INTERNATIONAL BUILDING CODE FOR ONE- AND TWO- FAMILY DWELLINGS, THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE; THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE; AND THE 2003 INTERNATIONAL FIRE CODE; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Amendment. Chapter 15.08, Title 15, Avon Municipal Code, IS repealed and reenacted to provide as follows: 15.08.010 Adoption. The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2003 International Building Code, excluding Chapter 27 Electrical and Chapter 29 Plumbing Systems and including Appendix C Group U - Agricultural Buildings, Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic fire-resistive assemblies listed in the Fire Resistance Design Manual published by the Gypsum Association as referenced in the specified International Building Code. The 2003 International Building Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. Three copies of the 2003 International Building Code is on file in the office of the town clerk and is available for inspection during regular business hours. 15.08.020 Additions or Modifications The 2003 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.160. 15.08.030 Section 104 Duties and Powers of Building Official. Section 104.1 General. Is amended to read as follows: 4 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose pf this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. Section 104.6 Right of Entry. Is amended to read as follows: 104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 15.08.240 Section 105 Permits. A. Section 105.1 Required. Is amended by adding: No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Town of Avon Land Use Regulations regarding wood burning devices. B. Delete Section 105.1.1 Annual permit. C. Delete Section 105.1.2 Annual permit records D. Section 105.5 is amended to read as: 105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one extension of time, for a period 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as 6 suspended or abandoned if no subsequent inspections have been approved within a 180 day period. No permit shall be extended more than once. 15.08.040 Section 106.2 Site plan Section 106.2 Site plan. Is amended to read as follows: 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by F.E.M.A., is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three- eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights-of-way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted. 15.08.050 Section 108 Fees. Section 108.2 Schedule of permit fees is amended to read as: 108.2 Schedule of permit fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. Delete Section 108.6 Refunds Add Section 108.6 Contractor Licensing as follows: 1..0 108.6 Contractor Licensing. All contractors, except Electrical Contractors who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I - General Contractor $125 Class II - Other Contractors $ 35 Class III - Municipal Contractors $ 75 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation and commercial general liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner-builder is one that will personally perform at least 50% of all labor involved in the construction of a single-family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner-builder for a minimum of one year from the date the Certificate of Occupancy is issued. 15.08.060 Section 109 Inspections Section 109 is amended as follows: A. Section 109.2 Preliminary Inspection. Is amended by the addition of: 109.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign-offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. 109.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, set back lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. 109.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. B. Section 109.3.1 Footing and foundation inspection. Is amended by addition of: The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. 109.3.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. 109.3.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. C. Section 109.7 is added as follows: 109.7 Clean Up During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the building official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors. 15.08.070 Section 110--Certificate of occupancy. Section 110 is amended by the following additions: q A. Section 110.2.1--Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. B. Section 110.3.2--Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ("deposit") is designed to provide security for all conditions contained in the temporary certificate of occupancy ("TCO"). The deposit shall be paid in cash and shall be paid to the town of Avon. In lieu of cash, and upon a showing to the town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. C. Section 110.3.3--Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ("TCO") shall be valid for three months. The building official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for commercial or multi-family (A, B, E, F, H, I, M, S and R-1) occupancies: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire alarms and sprinklers. C. Two operative bathrooms on each floor being occupied in other than R occupancies. a d. Entrance and other work within the public right-of-way must be approved. e. All required parking paved and marked. f All utility tap fees paid. g. Positive drainage away from the building in all directions at two percent for a minimum of five feet. h. Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 15.08.070B. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. D. Section 110.5 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. 15.08.080 Section 112 Board of Appeals. Section 112 is repealed and reenacted to provide as follows: 112.1 - Appeals to Town Council. A person shall have a right to appeal a decision of the building official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the building official. The building official shall take immediate action in accordance with the decision of the board. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. \O 112.3 - Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings. 15.08.090 Stop Work Order Section 114.1 Authority. Is amended as follows: 114.1 Authority. Whenever the building official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the building official is authorized to issue a stop work order. 15.08.100 Section 501.2 Premises identification. Section 501.2 Premises Identification is amended as follows: Section 501.2--Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Whenever approved numbers or addresses are not plainly visible and legible from the street or roadway fronting the property due to distance, topography, or vegetation, an approved sign or post with such numbers or addresses shall be installed at the street or road at a point giving access to the building or structure. All such letters or numbers shall be of a contrasting color to the background. 15.08.110 Section 1204 Temperature Control Section 1204 Is amended as follows: Section 1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining a minimum indoor temperature of 70 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. Outside design temperature shall be not more than minus 20 degrees Fahrenheit. Minimum insulation requirements for Group R, Divisions 1 and 3 Occupancies shall be as follows: R-19 for exterior wall and floors; R-30 for ceilings/roofs exposed to the exterior. Insulation installed at required locations shall have a minimum 4-mil vapor barrier or equivalent on the inside of all exterior walls. Heat loss calculations shall be required for all buildings. Exception: Interior spaces where the primary purpose is not associated with human comfort. 15.08.120 Section 1608.2-Ground Snow loads. Section 1608.2 is amended as follows: Section 1608.2-Ground snow loads. Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75 pound per square foot snow load. 15.08.130 Section 1704--Special Inspections is amended by adding the following: A. Section 1704.6.1 Log Frame Construction - Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. B. Section 1704.15 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency. 15.08.140 Section 1805.2-Depth of footings. The first sentence is amended to read as: Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer. 15.08.150 Chapter 30-Elevators and Conveying Systems Section 3001.5 is amended: Section 3001.5--Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970- 468-0295 (Ext. 108.) 15.08.160 Appendix J Grading, A. Section J103.2 Exemptions. is amended by deletion of Exemption Numbers 1, 4 and 6. B. Section JI04.1 Submittal requirements. is amended by the addition of the following: Grading in excess of 5,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a licensed professional engineer, and shall be designated as "Engineered grading" or as otherwise determined or approved by the Building Official. 15.08.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Building Code named in the title of this chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this chapter. 15.08.310 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the 2003 International Building Code named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. 15.08.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the town as provided in this chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this chapter. 15.08.330 Validity. If any section, subsection, sentence, clause, or phrase of the 2003 International Building Code named in the title of this chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this chapter. The town declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 2. Amendment. Title 15, Avon Municipal Code, is amended by the addition of a Chapter 15.09 to provide as follows: 15.09.010 Adoption. The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2003 International Residential Code for One- and Two-Family Dwellings, excluding Chapters 25, 26, 27, 28, 29, 30, 31 and 32 and including Appendix G. The 2003 International Residential Code for One- and Two-Family Dwellings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. Three copies of the 2003 International Residential Code for One- and Two-Family Dwellings is on file in the office of the town clerk and is available for inspection during regular business hours. 15.09.020 Additions or Modifications The 2003 International Residential Code for One- and Two-Family Dwellings is amended and changed as described in Sections 15.09.030 through 15.09.140. 15.09.030 Section R104 Duties and Powers of Building Official. Section R104.1 General. Is amended to read as follows: R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose pf this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. Section R104.6 Right of Entry. Is amended to read as follows: R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 15.09.040 Section R105 Permits. A. Section R105.1 Required. Is amended by adding: No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Town of Avon Land Use Regulations regarding wood burning devices. B. Section R105.5 is amended to read as: R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one extension of time, for a period 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 day period. No permit shall be extended more than once. 15.09.050 Section R106.2 Site plan Section R106.2 Site plan. Is amended to read as follows: R106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain 6 area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by F.E.M.A., is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three- eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights-of-way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted. 15.09.060 Section R108 Fees. A. Section R108.2 Schedule of permit fees is amended to read as: R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. B. R108.4 Related fees. Is amended by the addition of: R108.4.1-- Elevators and Conveying Systems Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970-468-0295 (Ext. 108.) C. Delete Section R108.5 Refunds D. Add Section R108.6 Contractor licensing as follows: R108.6 Contractor Licensing. All contractors, except Electrical Contractors who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I - General Contractor $125 Class II - Other Contractors $ 35 \\-p Class III - Municipal Contractors $ 75 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation, and general commercial liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner-builder is one that will personally perform at least 50% of all labor involved in the construction of a single-family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner-builder for a minimum of one year from the date the Certificate of Occupancy is issued. 15.09.070 Section R109 Inspections Section R109 is amended as follows: A. Section R109.1.1 Foundation inspection. Is amended by addition of: The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. \q B. Section R109.1.5 Other Inspections. Is amended by the addition of: R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign-offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. R109.1.5 3 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, set back lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. R109.1.5.5 Log Frame Construction - Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency. C. Section R109.5 is added as follows: R109.5 Clean Up During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the building official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors. -IQ 15.09.080 Section R110--Certificate of occupancy. Section R110 is amended by the following additions: A. Section RI 10.3. 1 --Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. B. Section RI10.4.1--Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ("TCO") shall be valid for three months. The building official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for one and two family dwellings: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical. C. One bathroom operative as per the approved plans. d. Entrance and other work within the public right-of-way must be approved. e. Positive drainage away from the buildings in all directions at two percent for a minimum of five feet. £ Sufficient roadway access for emergency vehicles and minimum parking requirements must be met. g. All utility tap fees paid. h. Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 15.08.070B. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. C. Section RI 10.4.2--Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ("deposit") is designed to provide security for all conditions contained in the temporary certificate of occupancy ("TCO"). The deposit shall be paid in cash and shall be paid to the town of Avon. In lieu of cash, and upon a showing to the town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the town's request. The \Cl\ amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. D. Section R110.6 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. 15.09.090 Section R112 Board of Appeals. Section R112 is repealed and reenacted to provide as follows: R112.1- Appeals to Town Council. A person shall have a right to appeal a decision of the building official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the building official. The building official shall take immediate action in accordance with the decision of the board. R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good W or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. R112.3 - Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings 15.09.100 Stop Work Order Section R114.1 Authority. Is amended as follows: R114.1 Notice to Owner. Whenever the building official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the building official is authorized to issue a stop work order. Upon notice from the building official that any work is being prosecuted contrary to the provisions of this code such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 15.09.110 Table R301.2(1) Climatic and Geographic design Criteria Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the following criteria: a) Ground snow loads: Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75 pound per square foot snow load. b) Wind speed: 90 miles per hour c) Seismic Design Category: C d) Weathering: Severe e) Frost Line Depth: 48 inches f) Termite: Slight to Moderate g) Decay: None to Slight h) Winter Design Temperature: -20 Degrees Fahrenheit i) Flood Hazards: Undetermined 15.09.120 Section R321.1 Premises identification. 2? Section R321.1 Premises Identification is amended as follows: Section R321.1--Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Whenever approved numbers or addresses are not plainly visible and legible from the street or roadway fronting the property due to distance, topography, or vegetation, an approved sign or post with such numbers or addresses shall be installed at the street or road at a point giving access to the building or structure. All such letters or numbers shall be of a contrasting color to the background. 15.09.140 Section R403.1.4 Minimum depth. The first sentence is amended to read as: Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer. 15.09.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Building Code named in the title of this chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this chapter. 15.09.310 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the 2003 International Building Code named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. 15.09.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the town as provided in this chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue 2I of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this chapter. 15.09.330 Validity. If any section, subsection, sentence, clause, or phrase of the 2003 International Building Code named in the title of this chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this chapter. The town declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3. Amendment. Chapter 15.12, Title 15, Avon Municipal Code, is repealed and reenacted to provide as follows: 15.12.010 Adoption. The Charter of the Town, Section 6.9, provides that standard codes may be adopted by reference, with amendments. The Town adopts the 2002 Edition of the National Electrical Code. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. A copy of the 2002 Edition of the National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.12.020 Administration - Fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, CO 80203-1941 (Telephone 303-894-2300). 15.12.060 Violations. The following clause concerning violations is set forth in full and adopted with reference to the 2002 Edition of the National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.12.070 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter, or of the 2002 Edition of the National Electrical Code named in the title of this Chapter, shall be deemed guilty of a misdemeanor, and such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or ninety (90) days in jail or both. 15.12.080 Validity. If any section, subsection, sentence, clause or phrase of the 2002 Edition of the National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. 15.12.090 Repeal. The repeal or the repeal and reenactment of any provision of this Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. Section 4. Amendment. Chapter 15.24, Title 15, Avon Municipal Code, is repealed and reenacted to provide as follows: 15.24.010 Adoption. The Charter of the Town, Section 6.9, provides that standard codes may be adopted by reference, with amendments. The Town adopts the 2003 Edition of the International Mechanical Code. The 2003 Edition of the International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmore Road, Country Club Hills, IL 60478-5795. A copy of the 2003 Edition of the International Mechanical Code is on , file in the Town Clerk's office, and is available for inspection during regular office hours. 15.24.020 Additions or modifications. The 2003 Edition of the International Mechanical Code is amended and changed in Sections 15.24.030 through 15.24.060 of this Chapter. 15.24.030 Section 106.5.2 Fee schedule. Section 106.5.2 is repealed and reenacted as follows: "Section 106.5.2 - Fee Schedule. The fee for each permit shall be as set forth in The Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." 2?\ 15.24.040 Section 109 - Means of Appeal Section 109 is repealed and reenacted as follows: 109.1- Appeals to Town Council. A person shall have a right to appeal a decision of the building official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the building official. The building official shall take immediate action in accordance with the decision of the board. 109.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. 109.3 - Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings 15.24.050 Section 701- combustion air - general. Section 701 is amended by adding a new Section 701.6 as follows: "Section 701.6 - Type of Construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." 15.24.060 Section 902 - Masonry fireplaces. Section 902 is amended by the addition of: (1) Section 902.2 - Purpose and Applicability. These regulations are enacted for the purpose of promoting the health and general welfare of the residents and visitors of the Town of Avon. These regulations are also enacted for 2? the following more specific purposes: to protect air quality, and to promote heat sources that are efficient and provide a reduced polluting effect. (2) Section 902.3 - Definitions. 1. Certified solid-fuel-device means a solid-fuel-burning device, which is certified by the Air Pollution Control Division of the Colorado Department of Health to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of the Colorado Air Quality Control Commission. 2. Gas appliance means a fully self-contained U.L. and A.G.A. fireplace unit, which does not require venting through a chimney, which has no damper and which does not permit the use of solid fuel. 3. Gas-log fireplace means a gas appliance equipped with an A.G.A. and U.L. listed artificial log unit, which is approved for the burning of natural gas, has no damper and vents through an approved vent. Exception: Building Official may approve gas-log fireplace equipped with interlocked damper and gas valve. 4. Solid-fuel-burning device means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. 5. Wood-burning fireplace means an open hearth or fire chamber or similar pre- pared place in which a fire may be made and which is built in conjunction with a chim- ney." (3) Section 902.4 - Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet. Below the elevation of seven thousand eight hundred twenty feet, no new wood-burning or solid-fuel-burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid-fuel-burning device. Below such elevation, certified solid-fuel-burning devices, gas appliances and gas-log fireplaces shall be permitted. Below such elevation there shall also be permitted one wood-burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3000) is paid at the time of application for a building permit. (4) Section 902.5 - Regulations above Elevation of Seven Thousand Eight Hundred Twenty Feet. Above the elevation of seven thousand eight hundred twenty feet, one wood-burning fireplace shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one thousand five hundred dollars ($1500) is paid at the time of application for a building permit; provided no new wood-burning or other fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified solid-fuel-burning devices, gas appliances and gas-log fireplaces shall be permitted. (5) Section 902.6 - Gas Appliances. All gas fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. (6) Section 902.7 - Coal Usage Prohibited. tiIV The burning of coal within the Town is prohibited. 15.24.110 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 Edition of the International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter. 15.24.120 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2003 Edition of the International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. 15.24.130 Repeal. The repeal or the repeal and reenactment of any provision of the Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.24.140 Validity. If any section, subsection, sentence, clause or phrase of the 2003 Edition of the International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsec- tions, sentences, clauses and phrases be declared unconstitutional. Section 5. Amendment. Chapter 15.32, Title 15, Avon Municipal Code, is repealed and reenacted to provide as follows: 15.32.010 Adoption. Pursuant to Section 6.9 of the Charter of the Town, there is adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, 'Lq hazardous materials or explosion, the certain standards known as the 2003 International Fire Code, including Appendix E Hazardous Categories and Appendix F Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended by this Chapter. The 2003 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. A copy of the 2003 International Fire Code is on file in the office of the town clerk and is available for inspection during regular business hours. 15.32.020 Additions or modifications. The 2003 International Fire Code is amended and changed in Sections 15.32.020 through 15.32.140. 15.32.030 Section 104.6 Official records. Section 104.6 is amended by the deletion of 104.6.2 Inspections, 104.6.3 Fire Records and 104.6.4 Administrative. 15.32.040 Section 104.11 - Authority at fires and other emergencies. Section 104.11 is amended by adding the following: Fire alarm panel troubles signals, maintenance signals, testing signals or as approved in writing by the Fire Chief shall not be construed as an emergency fire condition. 15.32.050 Section 104.11.3 - Systems and devices. Section 104.11.3 is amended by adding the following: Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the fire Chief shall not be construed as an emergency fire condition. 15.32.060 Section 105.1.1 -Permits Required. Section 105. 1.1 is amended to be: Section 105.1.1 Permits Required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. (For permit applications and inspections contact the Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon, Colorado, 81620. (Phone 970-748-9665) ti$ 15.32.070 Section 105.6 Required operational permits. Section 105.6 is amended as follows: A. Section 105.6 Required operational permits. The fire code official or authorized designee is authorized to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. B. Delete all Sections except Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. 15.32.080 Section 105.7 Required construction permits. Section 105.7 is amended as follows: Delete all Sections except Sections 105.7.1, 105.7.3 and 105.7.11 15.32.090 Section 108 Board of Appeals Section 108 is amended to read as follows: 108.1 - Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 108.2 - Procedure for appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do no fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 108.3 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 15.32.100 Section 202 - General Definitions A. False Alarm is amended to read: False Alarm. The deliberate reporting of an alarm for which no such fire or emergency actually exists. B. Fire Code Official is amended to be as follows: Fire Code Official. The Town of Avon Building Official or a duly authorized representative charged with the administration and enforcement of the code. C. Fire Department is added as follows: Fire Department. The Eagle River Fire Protection District is designated fire department in the Town of Avon. 15.32.110 Section 308.3.1 Open-flame cooking devices. Section 308.3.1 is amended by the addition of Exception 3: 3. Propane cooking devices. 15.32.120 Section 603.8.2 Spark arrestor. Section 603.8.2 is amended by the addition o£ Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be maintained with and effective means of arresting spark. 15.32.130 Section 905.1 Standpipe Systems - General Section 905.1 General is amended by revising the third sentence to read as: The outside fire department connections shall be approved by the Fire Chief. 15.32.140 Section 907 Fire Alarm and Detection Systems. Section 907 Fire Alarm and Detection Systems is amended as follows: 907.2.1 Group A - delete exception ?P 907.2.2 Group B - delete exception 907.2.4 Group F - delete exception 907.2.7 Group M - delete exception 15.32.250 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Fire Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town of Avon or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.32.260 Penalty. Any person, firm or corporation violating any of the provisions of the 2003 International Fire Code named in the title of this Chapter shall be deemed guilty of a misdemeanor, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. 15.32.270 Validity. If any section, subsection, sentence, clause or phrase of the 2003 International Fire Code named in the title of this Chapter, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 6. 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. Section 7. Effective Date. This ordinance shall be effective seven days following posting after final passage and shall apply to all building permits issued after December 31, 2004, and, at the option of the holder of the building permit, to any building permit issued on or before December 31, 2004, but after the effective date of this ordinance. INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 24th day of August, 2004 and a public hearing shall be held on this Ordinance on the day of September 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, AICP - Community Development Dire Date August 17, 2004 Re: First Reading of Ordinance No. 04-15 approving amendment for lots 54, 55, 89 and 90, Block 4, Wildridge PUD (known as the 'Western Sage PUD") Summary: Jay Peterson is proposing an amendment to the Wildridge PUD for the four residential properties listed above, all of which are located in Block 4 of the Wildridge subdivision. The application is being reviewed in conjunction with a preliminary subdivision application and subdivision variance application in order to create the private access drive as proposed. Final action on the PUD plan should be in conjunction with these associated applications at second reading, after holding a public hearing. In summary, the applicant is proposing to rezone four lots that are currently zoned for duplex and triplex development to create eight single-family lots. The rezoning represents a reduction of existing vested rights for 11 dwelling units to 8 dwelling units, a 27% reduction in development rights. The application was originally submitted as providing access to all eight lots from and extension of Longsun Lane. It also involved the moving of platted `non-developable areas' that exist on the Wildridge PUD plat. After significant discussion with staff, the Commission and members of the public the applicant withdrew that application and submitted the revised application before you today. The most salient points of the current application include: No change to anticipated access patterns (i.e. shared access from both Longsun and Wildridge Road that reflects the existing PUD configuration). A more contiguous revision to the platted non-developable areas that appears to meet the intent of recent policy guidance provided by Town Council through Resolution 04-25. ¦ The creation of a private access serving 5 single-family homes from Longsun Lane. Establishing design guidelines through the PUD for the project to complement those found in the Town design review guidelines. On August 17, 2004 the Planning & Zoning Commission recommended approval of the Western Sage PUD with conditions as set forth in Resolution 04-22. Recommendation: Staff recommends approval of Ordinance 04-15 on first reading, establishing a public hearing date for second reading at your September 8, 2004 meeting. Town Manager Comments: ?- Exhibits: A. Staff Report (and backup exhibits) to Planning & Zoning Commission (August 12, 2004 hearing) B. Executed Planning & Zoning Commission Resolution 04-22 C. Proposed Town Council Ordinance 04-15 Western Sage PUD, Lots 54,55,89,90 Block 4, Wildridge PUD First Reading of Ordinance 04-15, August 24, 2004 W A.. Staff Report PUD Amendment A'VON August 17, 2004 Planning & Zoning Commission meeting Report date August 12, 2004 Project type PUD AMENDMENT to the WILDRIDGE PUD Legal description Lots 54,55,89 &90, Block 4, Wildridge Subdivision Current zoning Lot 54: Duplex / Lot 55, 89, 90: Triplex Address 5190 & 5196 Longsun Lane / 5767 & 5775 Wildridge Road East Introduction Jay K. Peterson is proposing an amendment to the Wildridge PUD for the four residential properties listed above, all of which are located in Block 4 of the Wildridge subdivision. The new PUD is being referenced as the "Western Sage PUD". This submittal is a revised version of a prior application that was heard in June of this year by the Commission. During that application review, which featured access to all of the proposed lots from Longsun Lane and a significant reformatting of the platted non-developable areas, the applicant provided a revised concept (the basis of this submittal) for input by the Commission and the public. The subject properties are currently zoned to allow for a total of eleven 01) dwelling units, and include the following existing and proposed zoning designations. The new lots and proposed zoning represent 8 single family units on 8 independent lots, which do not correspond to the existing lot boundaries and will require a resubdivision of the properties. Lot Number Existin /Zoning Pro Zoning New Lots* Lot 54 Du lex sin le Famil Lots 1 & 2 Lot 55 Tri lex Sin le Famil Lots 2, 3 & 4 Lot 89 Triplex Sing le Famil Lots 7 & 8 Lot 90 Tri lex Sin 1e Famil Lots 5, 6 & 7 NNotg : There are eight proposed lots that do not correspond to the four existing lot boundaries. Portions of Lots are shared between existing subdivision boundaries, and the PUD will require a resubdivision to establish the new lot lines proposed. The proposed PUD amendment will not change the access conditions of the existing densities. Currently, lots 89 and 90 are only accessible from Wildridge Road East (and also share a reciprocal access easement along the right of way frontage of both lots). Lots 54 and 55 are Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 54, 55, 89 & 90. Block 4. Wildridge Subdivision, PUD Amendment August 17, 2004 Planning & Zoning Commission meeting Page 2 of 9 likewise only accessible for access from Longsun Lane as currently entitled (Lot 55 is only accessible via a platted access easement from Lot 54). Though the application seeks amendment to the Wildridge PUD for zoning of these lots, it is easiest to categorize the submittal in three distinct review `areas' for consideration: The reconfiguration of existing and platted "Non-Developable Area" with the reconfiguration of the lots and zoning entitlements. The "down zoning" of existing duplex and triplex lots to single family dwelling units on separate lots. Design and technical considerations of the new lot configuration. Particular consideration should be given to the buidability of the lots being proposed. The applicant has submitted a thorough narrative alongside the actual development plan proposal, both attached to this report that should be reviewed in concert with the application. The narrative includes an introduction and a review of the PUD approval criteria as outlined in Section 17.20.110 (K) of the Avon Municipal Code. The accompanying reduced plans include a cover sheet, topographic survey, preliminary plat, site plan, utility plan, and open space (non- developable area) map. Background & Discussion Benchmark Properties created Wildridge Subdivision in 1979 shortly after the incorporation of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre". The land was identified with no particular hazards for development except in areas with slopes of 40%. The development plan recognized that lot sizes are a function of land slope, buildable area and road access; smaller lots are concentrated on lesser slopes with easy access and larger lots are on steeper slopes where buildable area and access are more restricted. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been several PUD Amendments and transferring of development rights. To assist in organizing the application review discussion, this report is being `categorized' into the three major review categories: 1. Non-Developable Areas and the Wildridge PUD Staff have recently reviewed the Wildridge PUD plat and found a total of 33 lots (out of the entire subdivision) that contain a "non-developable area" within existing lot boundaries. According to the plat note: "No development shall occur on the non-developable area without written specific approval of the covenants committee and the Town of Avon. Development shall include buildings, fences, signs, roads, and grading. Non-developable areas shall be physically undisturbed and left in their present natural state except for approved access and utility easements". Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 54, 55, 89 & 90, Block 4, Wildridge Subdivision, PUD Amendment August 17, 2004 Planning & Zoning Commission meeting 3of9 Of the 33 lots that include a non-developable area designation, approximately 22 have been constructed and 11 remain vacant (including the 4 that are the subject of this application). Of the 22 lots constructed, fifty percent appear to have been constructed below the 'allowable zoning' (i.e. single family built on duplex zoned lots). The original application proposed no net loss of non-developable area, however, a reconfiguration of the areas to permit the proposal as laid out which appeared to correspond more to the needs of the proposed development than the overall context and original intent. In evaluating the merits of this application, both Council and staff realized that it was important to recognize the potential change that may occur to all existing non-developable areas currently platted in Wildridge. As a result of that discussion, Council adopted a set of policy criteria through Resolution 04-25 (attached) that set forth basic considerations for a developer, neighbors and Town staff in reviewing applications that proposed to amend existing non-developable areas. The applicant's revised submittal appears to conform to the guidelines set forth in Resolution 04- 25, particularly when reviewing the revised configuration of the proposed area. Though Lots 4 and 5 present the largest 'change' to the existing area, it appears that the revised 'corridor' below Lots 6, 7 and 8 compensate this loss. Staff recommends that the interior lots (Lots 1 through 5) have a decreased front setback from the private access road (10' rather than 25' as proposed), and the Wildridge Road lots decrease the front setback from 25' to 15'. In combination with a platted building envelope, the applicant can further minimize the required disturbances to lots as proposed, create a larger buffer to non- developable areas as proposed, and contain grading on the uphill lots. Z "Down-Zoning" of the existing Wildridge PUD & Character of ai acent neighborhood zoning Recently, there have been several PUD Amendments in Wildridge wherein development rights have been legally terminated and the configuration of these lots altered and replatted - the most recent of those include Lot 47/48, Block 1, (Ordinance 02-13); Lot 10/11, Block 2, WR (Ordinance 02-12); and Lot 42/43, Block 4, WR (Ordinance 02-11). None of these proposals included significant alterations to traffic patterns or to existing platted "non-developable areas". In comparison, this application proposes to separate duplex and multifamily dwelling units zoned for eleven dwelling units in total. The new configuration will also reduce density by three dwelling units in total, however, create a visual massing of eight separate structures instead of the four contemplated and approved by the existing PUD. Though it could be argued that the duplex and multifamily structures would be of a size and mass much larger than the proposed single-family homes, the increased disturbances required for each lot and the doubling of buildable 'structures' should be a significant consideration in review of this application. The applicant has proposed to limit home size to 4,000 square feet, and staff is further recommending that all disturbances be contained within identified building envelopes. Also, to allow maximum flexibility to the lots proposed along Wildridge Road East, reduced setbacks should be considered to facilitate easier access to driveway and garage loading and minimize grading down the slope. r Town of Avon Community Development (970) 748 40 Fax (870) 949-5748 Lots 54. 55, 89 & 90, Block 4, Wildridge Subdivision, PUD Amendment page 4 of 9 August 17, 2004 Planning & Zoning Commission meeting 3. Design of new PUD and technical considerations When reviewing the original application concept (wherein all proposed lots were accessed from Longsun Lane and the non-developable area was a by-product of the development sites), no policy precluded more developers from requesting the same privilege being sought with this application existed. The movement of platted and existing lot restrictions that are relied upon by residents and considered to "add value" to their decision in purchasing residential property and live within the Town is a serious undertaking. It is far more than an exercise in engineering and trading of "like for like". In this case, the trade includes an already platted utility easement to make up the difference. Consequently, the owners of all lots in Wildridge that feature a "non-developable area" (as outlined herein) may elect to move these boundaries to more effectively construct a new home, a remodel of an existing home, or the addition of un-built density. Though the number of lots purchased with this restriction does not represent a large majority, it would appear that moving those areas without specific rationale and tangible community benefit may open a "Pandora's Box" of PUD amendment applications. As a result of extensive discussion that occurred during the original application review, Town Council adopted certain policy considerations related to the movement of non-development areas in Resolution 04-25. The policy guidance provided in this resolution protects both existing residents and future developers from the haphazard movement of these'platted areas, and stresses the need for applications to meet the best interests of area through a significant reduction in development rights. This revised application appears to be in conformance with the policy guidance set forth by Resolution 04-25, balancing developer interest with community interest and consideration. PUD Design Criteria According to the Town of Avon Zonin¢ Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The fundamental reason for having a Comprehensive Plan is to generally communicate where and how land uses may and will occur in the Town. The land use plan is based upon these goals and polices. Implementation is through annexation, subdivision and zoning regulations. This proposed PUD Amendment appears to comply with the following goals and polices of the Town Comprehensive Plan-based upon the following: Policy Al. Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located. The current Wildridge subdivision did not contemplate development of additional single-family dwelling units on any of the lots in this proposal. Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 Lots 54.55. 89 & 90, Block 4, Wildridge Subdivision, PUD Amendment August 17.2004 Planning & Zoning Commission meeting Page 5 of 9 In fact, the original Wildridge subdivision appears to have specifically created larger lots on steeper slopes, because the buildable area and access was identified as being more restrictive. This also included the placement of 'non-developable area' restrictions in Blocks 3 and 4. The proposed down zoning is appropriate to the scale of the neighborhood, not affecting anticipated traff'i'c patterns and providing a rational basis for the movement of platted non-developable areas. Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. The applicant is proposing to improve the character of the neighborhood in this application. In addition, they are proposing to a uniform treatment of the homes architecturally (though not adopting specific design guidelines). Additionally, the proposal calls for limited building areas with a 4,000 square foot maximum building area and a 40% maximum site coverage. The development standards being proposed should be more flexible; creating defined building envelopes to minimize any site disturbance required through construction. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. As aforementioned, the purpose of creating the Wildridge PUD was to create a residential subdivision that focused on the preservation of open space, limited density and avoidance of development on steep slopes and in respect to natural drainage patterns. As evidenced by the survey, a large portion of the collective property under review exceeds 30% slope. The most significant issue is the 'swapping' of platted non-developable area for a slightly increase amount of non-developable. Open space areas in Wildridge should be reasonably relied upon by existing areas as remaining intact and as originally platted, and also conform to the policy provided by Town Council resolution 04- 25. This application appears to conform to the intent and goals of those policies. Policy A3.7 Steep slopes in and around the community should be desi preserved as open space wherever possible. grated and Town of Avon Community Development (970) 748-4030 1 Fax (970) 949-5749 Lots 54, 55, 89 & 90, Block 4, Wildridge Subdivision, PUD Amendment page 6 of 9 August 17, 2004 Planning & Zoning Commission meeting Again, a good portion of this project is proposed on 30% slopes and demonstrates that in order to improve the access and create the new lots development and subdivision standards must be modified to accomplish. Goal 1 Provide for diverse, quality housing to serve all economic segments and age groups of the population. The application contends that it will provide for a single-family residential development that will maintain and enhance the character of the surrounding neighborhood. Also, it notes that "the present and project supply of multiple family structures... has been satisfied". The Town of Avon affordable housing program utilizes the median family income limit for a four-person household in determining eligibilityfor deed restricted rental or sale housing. In 2004, HUD adjusted this number to $76,700 per year. The average home size in the application is anticipated between 2,800 and 3,200 square feet. Though the application correctly notes that needs for lower-income and seasonal workers may currently be satisfied, it does not guarantee the nature of the single-family housing proposed and more specifically in the Wildridge subdivision. It fails to offer or provide any assurances or guarantee that the single family homes provided will meet the stated goal of providing ".. for middle income and year-round residents ". The development standards on the PUD plan and in the narrative should clearly limit the home size if that is what the applicant intends. Goal F Make Avon's unique natural setting and its open space central elements to its identity and structure. Open space areas in Wildridge should be reasonably relied upon by existing areas as remaining intact and as originally platted. The proposal appears to conform to the policy guidance provided by Town Council Resolution 04-25. Policy Fl. Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. The non-developable areas in Wildridge provide platted `breaks' in development for visual relief and steep slope protection. In Blocks 3 and 4, it is apparent that they also serve as a development buffer to Tract H, which is designated as "Open Space, Drainage, and Access". The creation of defined building envelopes, pulling the disturbed areas closer to both Wildridge Road and to the private drive, would further support the preservation of hillside areas and create an increased buffer to the non-developable areas proposed. Fax (970) 949.5749 Town of Avon Community Development (970) 7484030 Lots 54, 55, 89 & 90, Block 4, Wildridge Subdivision, PUD Amendment August 17, 2004 Planning & Zoning Commission meeting Page 7 of 9 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The application may meet the design guidelines of the Town, however, the suggested treatment of the single-family units is not proposed as a `design guideline' specific to the project. These guidelines may be contained in the PUD plan and augment the Town design review guidelines, assuring the developer that a cohesive and aesthetically appealing project be constructed. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The proposal appears compatible with the immediate environment, neighborhood, and adjacent properties including the proposed conditions of approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed appear to provide a compatible and efficient relationship with the surrounding uses and existing residences, particularly on Longsun Lane. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The application does not appear to negatively affect a known geologic hazard (no documentation has been provided) 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The site plan and location of buildings and open space are responsive to natural features or the existing PUD. This proposal may impact the overall aesthetic quality of the community, since the number of structures will double if the rezoning is approved. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The proposed subdivision will not affect the anticipated circulation system, creating no change to the access and density conditions as currently exist. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The landscaping will be reviewed through the design process should the PUD be approved, but it appears as though it can be designed to preserve the views and function of the Western Sage subdivision as proposed. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. Town of Avon Community Development (970) 748.4030 C? Fax (970) 949-5749 Lots 54. 55, 89 & 90, Block 4, W ildridge Subdivision. PUD Amendment Page 8 of 9 August 17, 2004 Planning & Zoning Commission meeting The phasing plan submitted appears to be a logical approach to the PUD goals; however, the build out of each lot is not specified to occur in any particular order. A preliminary subdivision has been submitted in conjunction with the application for review by Town Council. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate facilities are available to service the proposal, and the new `extension' of Longsun Lane is being applied for as a private road. No extension to municipal services is being requested by the applicant. An outline of proposed covenants related to the private access is anticipated for review in concert with the platting of this subdivision. 11. That the existing streets PrLJD and in the icinity of the proposed pUDticipated traffic within the propose The proposal appears to comply with capacities originally contemplated in the first Wildridge PUD approval. 12. Development Standards Development standards have been submitted for the PUD amendment as proposed. A few technical issues, such as the clarification of buildable area and/or maximum buildable square footage and a clarification of building setbacks by lot (or the creation of building envelopes and reduction of setbacks as proposed by staff) are required. Should the PUD amendment be approved, staff would request additional notes be brought into these standards from the existing Wildridge PUD Development Plan (Final Subdivision Plat), including the typical drainage and utility easements as well as the restriction related to non-developable areas. Staff Recommendation The original PUD Amendment application submitted presented significant stumbling blocks for the staff to recommend approval, all of which were discussed at the June 1", 2004 Planning and Zoning Commission meeting. The issue of utmost importance during that application review was the precedent related to revising access and potentially increasing traffic on a pre-existing cul-de-sac, and the moving of platted non-developable areas in Wildridge. The applicant subsequently withdrew that application and submitted this revised plan. The proposal does not change contemplated traffic patterns, retaining split access from Wildridge Road and Longsun Lane as currently platted. Likewise, the revised non-developable areas appear to comply with the policy guidelines set forth in Resolution 04-25: meeting the interests of the community through a reduction of density while creating an aesthetic and functional area. To further the goals of the application, staff is recommending a reduction of setbacks in the PUD in combination with the creation of building envelopes. Both recommendations may assist individual lot owners in lessening the amount of grading required, particularly on lots accessing from Wildridge Road. kV 748-4030 Fax(970)949-5749 Town of Avon Community Development (970) Lots 54, 55, 89 & 90, Block 4. Wildridge Subdivision, PUD Amendment August 17, 2004 Planning & Zoning Commission meeting Page 9 of 9 Recommended Motion I move to approve Resolution 04-22, recommending to the Town Council to approve the Western Sage PUD for Lots 54, 55, 89 & 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, as more specifically described in the application dated July 19, 2004 with the following conditions: " The Development Standards on the PUD Plan will be revised to include the following: a. Maximum Square footage of homes shall be clarified as 4,000 square feet. b. Building Envelopes, featuring a maximum front yard setback on Lots 1-5 of 10 feet, and a maximum front yard setback on Lots 6-8 of 15 feet. Building envelopes will be specifically defined to contain all require site disturbances. c. Design Guidelines for this PUD shall be placed on the PUD plan. 2. The PUD site plan shall be revised to add the following: a. The non-developable area restriction from the Wildridge PUD plan shall be copied to the PUD plan. 3. Approval of this PUD is contingent upon concurrent approval of the corresponding subdivision Preliminary Plan. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Report Attachments: A. PUD Application dated July 19, 2004 (Revised) B. Memo from Town Engineer to File dated August 6, 2004 C. Resolution 04-25, a resolution relating to proposed amendments to existing non- developable areas in the Wildridge PUD D. August 9, 2004 review correspondence to Jay Peterson E. Original application submittal site plan, dated May 26, 2004 F. Resolution 04-22, recommending approval of the Western Sage PUD G. PUD Development Plans for "Western Sage PUD" dated July 19,,2004 Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 \` EKHrO3 (T A MEMORANDUM To: Tambi Katieb, Community Development Director From: Jay Peterson Date: July 6, 2004 Re: Revised Wildridge PUD Amendment and Preliminary Subdivision Plat Application Submittal Enclosed please find a completely revised submittal for my applications to amend the Wildridge PUD and for a preliminary subdivision plat review to re-subdivide Lots 54, 55, 89, & 90, Block 4, Wildridge Subdivision. Included in the submittal are the required application forms, four copies of the submittal materials per the PUD and Subdivision application checklists (ie, full sets of plans, reduced plans, written response to amendment criteria, etc.), adjacent property owners lists, stamped and addressed envelopes, and a letter describing each of the requests. A written response to the non-developable area criteria will be provided upon the adoption of Resolution 04-25 by the Avon Town Council. Please review my submittal materials and contact me with any questions or concerns that you may have. You can reach me most easily by telephone at my office at (970) 476- 0092, or by cell phone at 390-7067. I am hopeful that upon review of my submittal materials you will schedule my applications for review with the Planning & Zoning Commission on Tuesday, August P. Thank you again for all your help and I look forward to hearing from you soon Wildridge PUD Amendment Jay Peterson July 6, 2004 I. INTRODUCTION The applicant, Jay K. Peterson, is proposing an amendment to the Wildridge Planned Unit Development (PUD) for the four residential properties located at 5190 & 5196 Longsun Lane and 5767 & 5775 Wildridge Road East, which according to the Town of Avon, are legally described as Lots 54, 55, 89, & 90, Block 4, Wildridge Subdivision. According to the Wildridge PUD, the four residential properties are currently zoned for three triplexes and one duplex for a total of eleven (11) dwelling units. On numerous occasions applicant has met with a number of the surrounding neighbors and residents of Wildridge to gain their input on the amendment. Additionally, the applicant has appeared once before the Avon Town Council and twice before the Town of Avon Planning & Zoning Commission to publicly present the amendment. In response to each of these meetings and input from the neighbors, the development applications have been amended three times to respond to the desires of the neighbors and residents of Wildridge as well as those of the Town Council and Planning & Zoning Commission. The proposed amendment will have a significant positive impact on the neighborhood surrounding the development site by; • down-zoning the properties and permanently reducing the residential density in the neighborhood, • improving existing views from adjacent properties, • reducing vehicular traffic on Wildridge Road East and Longsun Lane, • increasing the amount of open space and non-developable areas in the neighborhood, and; • maintaining and enhancing the existing residential quality, character, design, and scale of the neighborhood. Of greatest importance, however, as a result of listening and responding to the concerns of the neighbors, Commission, and Council, an approval of the PUD amendment achieves the goals and policy objectives, as outlined in the Town of Avon Comprehensive Plan. The specific amendment includes re-subdividing Lots 54, 55, 89, & 90 and creating eight (8) new single-family residential lots. The new residential lots will vary in size from over two-thirds of an acre to nearly one (1) acre in size. Future development of single-family residences will be restricted to a maximum of 4,000 square feet of building area with a minimum landscape area requirement of 35% of the lot area and maximum site coverage allowances of 40%. These development standards are more stringent than existing allowances, and as such, ensure the least amount of impact to the existing natural landforms and vegetation of the site. .vet J--:.j __ DT T d...anAmont dUA)' V, -1 \?9 The new single-family residences will be developed in the traditional-style of mountain architecture. The new homes will be complimented with a mixture of stone, stucco, wood siding, and heavy timbers, natural or earth tone colors, sloping roofs with gable ends, dormers, and deep eaves and overhangs, exposed beams, and subtle outdoor lighting. Two and four car garages will be carefully located on each of the lots to minimize the unintended consequences of providing vehicular access to the home sites. The key elements of the amendment include: • Compliance with the goals and policies as defined in the Town of Avon Comprehensive Plan • A permanent reduction in the residential density of Wildridge as a result of the down-zoning • Preservation of the existing residential scale and design of the neighborhood • Protection of existing views from adjacent properties as a result of eliminating multiple family structures along Wildridge Road East • Preservation of the existing low density residential character of the neighborhood through the elimination of multiple-family structures. • Enhancement of the open space areas of Wildridge through the reconfiguration of the platted non-developable area, voluntary increase in landscape area requirements and reduction in building site coverage allowances. 2 Wildridge PUD Amendment July 6, 2004 \1? III. PUD AMENDMENT REVIEW CRITERIA The applicant is requesting a final review of an amendment to the Wildridge PUD, pursuant to Section 17.20.11 OK, Amendment Procedures, Avon Municipal Code, to permanently reduce the residential density of the PUD by allowing eight new single- family dwelling units on the development site in place of eleven dwelling units (three triplexes and one duplex) which are currently permitted on the site. According to Section 17.20.11 OH, Design Criteria, Avon Municipal Code, the following criteria shall be used as the principal criteria in evaluating a PUD amendment: 1. Conformity with the Avon Comprehensive Plan Goals and Objectives Applicant's Response: The PUD amendment is consistent with the Town's Comprehensive Plan. According to the Town's Comprehensive Plan, the development site is designated as "Residential" on the Overall Land Use Plan. Pursuant to the Town's Comprehensive Plan, "the Residential land use is an area intended for permanent and seasonal residential land uses, including single-family houses, duplexes, multi family dwellings, apartments, condominiums, and mobile homes. The density of development and unit type vary within the Town in response to market conditions, site constraints (such as topography and accessibility), compatibility with existing and proposed development and zoning regulations. Residential areas should be located in convenient proximity to areas of employment, recreation, and open space. Neighborhoods should be within walking distance to daily shopping needs and employment centers, and near a public transit stop to offer a convenient alternative to automobile trips. Vehicular, bicycle, and public transit routes should be easily accessible, yet residential areas should be separated or protected from heavy traffic. " The PUD amendment to allow for the development of eight (8) single-family residential dwelling units on eight (8) individually platted lots is consistent with the prescribed land use designation of the Overall Land Use Plan. The allowable maximum density of one (1) dwelling unit per lot and the single-family residential unit types are consistent with the goals and objectives of the Town's Comprehensive Plan and are compatible with the existing single-family and duplex residential development surrounding the development site. Furthermore, the various elements of the PUD amendment are consistent with the adopted goals and policies of the Town's Comprehensive Plan. According to the Town's Comprehensive Plan, in part, "The goals and policies of the Plan will be used by the Town to: 1 1b Wildridge PUD Amendment July 6, 2004 • Establish the standards and regulations necessary to define the limits and conditions of private sector development; and • Provide a clear focus for coordinating public, private, institutional and individual efforts in the development of the community. " Upon review of the adopted goals and policies of the Plan, the PUD amendment achieves and addresses the following goals and policies of the Town of Avon: A. LAND USE A fundamental reason for having a comprehensive plan is to clearly communicate generally where and how land uses may occur in the Town. The Land Use Plan is based on these goals and policies. Implementation is through annexation, subdivision and zoning regulations. Goal A.1 Ensure a balanced system of land uses that maintains and enhances Avon's identity as a residential community, and as a regional commercial, tourism and entertainment center. Policy Al.1 Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located. Applicant's Response: Development within the PUD amendment will be single-family residential dwellings. The maximum allowable square footage of each unit shall be 4,000 square feet. Single-family residential dwellings are more compatible with the scale and intensity of the neighboring uses than are triplex dwelling units as currently permitted. This assertion has been substantiated by the Planning & Zoning Commission and the surrounding neighbors at previous public hearing on the amendment application. Further, in response to concerns expressed by various neighbors on Longsun Lane, Town staff, and the Commission, the regard to an increase in traffic on Longsun Lane, the applicant has revised the application and placed the vehicular access to Lots 6 - 8 off of Wildridge Road East. This revision, in conjunction with the elimination of multiple-family development at the end of Longsun Lane, in the opinion of the applicant and several of the Commission members and neighbors, will actually reduce the amount of vehicular traffic on Longsun Lane than is currently anticipated today under present zoning. This belief was largely based upon the amount of additional traffic generated by multiple-family development, as witnessed by an earlier application (Fred Hiller, Lot 11, Block 1, Wildridge Subdivision/3078 Wildridge Road) considered by the Commission on the evening of June 15`!'. Lastly, the Town staff' expressed a concern that "... those neighbors that purchased homes in the proximity of the non-developable area... may have relied upon these areas as view corridors or development . buffers 2 . Wildridge PUD Amendment July 6, 2004 ?? established by i+?ay of these platted areas. " That said, a review of the application demonstrates that the amendment actually increases the amount of non-developable areas adjoining adjacent properties (Lots 53, 56, and 88) and support for the amendment application from some of those neighbors (Carol Tyler, Brian Nolan, Buz Reynolds, Karen McDevitt) with the most direct views of the existing non-developable area have been stated. Policy A1.3 Flexible zoning such as Planned Unit Developments (PUD) should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. Applicant's Response: A minimal front setback variation allowing one-story tall garages to encroach within the front setback is requested. No other variations to the Town's standards zoning requirements which are less restrictive than currently required are requested. The applicant, however, is proposing variations which are more restrictive than currently required. For instance, the applicant is providing an increase to the minimum lot size and the minimum landscape area requirements and a decrease to the maximum allowable site coverage allowance. The increased minimum lot size ensures that the character of the built environment of the area remains unaffected by the residential development and the forty percent (40 %) increase to the minimum landscape area requirement and corresponding twenty percent (20%) decrease to the maximum allowable site coverage allowance assures that an ample amount of natural landscaping and open space remains in and around the development site. These variations to the standard zoning requirements result in the most effective use of land, benefits to the community and are compatible with surrounding development which in turn achieves the most effective development for the community. The Town staff has stated that the request to deviate from the minimum front setback "...has not been adequately demonstrated in the application and only appears to be a by-product of the engineering plans and the existing physical constraints. ,I Keeping good land planning and site design in mind, the applicant has made the request for a front setback requirement (25') on Lots 1-5. As a result, site disturbance is lessened, site design can be improved, and drainage, snow storage, site distances, and adequate maneuvering are all provided. OT M A ,.,o„A., opt 3 July 6, 2004 6 Policy A1.5 The community will include a wide range of residential uses including large-lot single family and duplex, small-lot single family and duplex, multifamily, and vertically integrated residential. Applicant's Response: The requested single-family residential uses will add to the already wide range of residential uses existing within the Wildridge PUD. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. _Applicant's Response: As a result of this PUD amendment, more than 145,055 square feet (3.37 acres) of non-developable buffer zone area will be preserved within the Wildridge PUD. The protected area is on steep slopes, adjacent to a Town of Avon open space tract, or adjacent to existing development. As a result of the amendment a portion of a platted non-developable area will need to be reconfigured. At the June 15, 2004, public hearing of the Planning & Zoning Commission, spent a significant amount of time discussing the affects of the amendment on the existing platted non-developable area. The applicant, neighboring property owners, and Commission discussed the advantages and disadvantages of reconfiguring the platted area. Advantages identified included greater protection of visually sensitive, steeply sloping hillsides, increased "open space" areas adjacent to existing Town-owned open space, and increased buffer areas between the applicant's development sites and existing adjoining properties. Potential disadvantages identified included property owner expectations and the creation of precedence. Upon directing the applicant to proceed in a direction towards amending the PUD to eliminate the possibility of multiple family structures being developed in the area, the Commission and neighbors acknowledged that reconfiguring the non-developable area was likely to occur. However, the Commission and various neighbors urged the applicant to ensure that an equal amount of non-developable area remained as a result of the PUD amendment. Goal A.3 Maintain a compact urban form that respects and preserves the natural beauty of the valley, river and surrounding mountains, and maintains distinct physical and visual separations between Avon and surrounding communities. Policy A3.1 Development should first be directed in areas within and adjacent to established neighborhoods and developed areas. Applicant's Response: The PUD amendment is an in-fill form of development within an established neighborhood and developed area. 4 Wildridge PUD Amendment \ July 6, 2004 Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space whenever possible. Applicant's Response: As previously stated above, more than 145,055 square feet (3.37 acres) of non-developable buffer zone area is protected within the PUD. The protected area is on steep slopes, adjacent to a Town of Avon open space tract, or adjacent to existing development. The applicant, like others, agrees that "...the purpose of creating the Wildridge PUD was to create a residential subdivision that focused on the preservation of open space, limited density and avoidance of development on steep slopes and in respect to natural drainage patterns. " According to the Town of Avon Development Standards, development of single family residential structures is permitted on slopes of 30%. When comparing the slope of the existing development site to that of the amendment application, it is clear that, with the one exception of the steepened man-made slopes along Wildridge Road, the slope of the site is very consistent and uniform with no clear excessively steep slopes or flat benched areas. In fact, contrary to the expressed purpose of the Wildridge PUD, the non-developable area identified on the plat does not reflect an area of steep slopes or natural drainage patterns nor does it have any affect, upon the overall density (dwelling units per acre) of the Wildridge PUD. Based upon the historical reference of several persons involved in the original platting of the Wildridge Subdivision by Benchmark Properties in 1979, the purpose of the originally platted non-developable area on the development site was to the prevent individual property owners of the four lots affected by the restriction (Lots 54, 55, 89 & 90) from creating winding access driveways up or down the hillside. Additionally, it was likely never contemplated by the original subdividers of the Wildridge Subdivision property that one person would own all four lots collectively, thus allowing for a land development plan that effectively could improve upon the design of the originally platted non-developable area (ie, increased buffer zone adjacent to adjoining properties, increased non- developable area immediately adjacent to Town-owned open space, etc.) Or, maybe it was actually contemplated by the original subdividers of the property which is why provisions were established that allowed for non- developable areas to be amended by the Town of Avon or the Covenant Control Committee. Pursuant to the notes of the Wildridge Subdivision plat, in part, "No development shall occur on the non-developable area without written specific approval of the covenants committee or the Town of Avon. " B. Community As the community moves into the future, striking a balance between a And Economic healthy, diverse economy and a livable residential community becomes lv:1A.4A..o DI Tr) A mnnrimant 5 July 6. 2004 \R Development both increasingly challenging and increasingly important. The following goals and policies are intended to achieve that balance. Goal B.1 Enhance the Town's role as a principal, year-round residential community and regional commercial center. Policy B 1.1 Residential neighborhoods should be maintained to a high standard of quality through effective maintenance of streets, utilities, parks and other public facilities, and through consistent application of design standards. Applicant's Resnonse• All future residential development on the development site shall be reviewed and approved by the Town of Avon for compliance with the Town's design standards and applicable code provisions. C. Housing As the community grows, demand for housing of all 8 types is increasing. While there is an ample supply of housing for second homeowners and upper income residents, there is a shortage of housing for middle income and year-round residents and their families. The following goals and policies are intended to help meet the variety of housing needs. Goal C.l Provide for diverse, quality housing to serve all economic segments and age groups of the population. Policy Cl.l Maintain and enhance the character of the residential neighborhoods of the Town. Applicant's Resnonse• Future single-family residential development of the site shall be reviewed and approved by the Town of Avon for compliance with the Town's adopted design standards. Single-family residential residences are more compatible with the existing character of the surrounding residential uses than are multiple-family structures. The "nearest triplex dwelling units or multiple-family structures to the development site and surrounding neighborhood are located near the intersection of Wildridge Road and Old Trail Road. The Town has recently acknowledged that the present and projected supply of multiple-family structures needed for seasonal and lower income workers and their families has been satisfied. In fact, according to a newspaper article published June 28, 2004, in the Vail Daily, one of the biggest issues facing the Town of Avon as it contemplates its future in light of updating the comprehensive master plan is "the surplus of affordable housing" (source: Town of Avon). Single- family residential development of the site will maintain and enhance the character of the surrounding neighborhood. " 6 ' Wildridge PUD Amendment Juiv F Mnd Policy C 1.2 Infill residential development should be compatible in design, scale and uses with existing neighborhoods. Applicant's Response: The single-family residential development on the site will be compatible in design, scale and uses existing within the surrounding neighborhood. The design of the homes will be two and three-story tall structures with two or three-car garages. The architectural style of the homes is intended to be reminiscent of traditional mountain design (ie., mixture of stone, stucco, wood siding, and timbers, natural or earth tone colors, sloping roofs with gable ends, dormers, and deep eaves and overhangs, exposed beams, and subtle outdoor lighting). The maximum allowable size of the homes shall not exceed 4,000 square feet. However, it is more likely the homes will be constructed to be approximately 2,800 - 3,200 square feet in size. The square footage will be spread over two and three levels, depending upon the topography and orientation of the particular lots. Maximum building height shall not exceed thirty-five (35') feet with the height of the home conforming to the existing topography. Existing uses in the neighborhood are residential with a mix of single family and duplex homes. The proposal to construct single-family residences on the development site is compatible with the uses in the neighborhood. In fact, single-family residences are more compatible with the existing uses than are multiple-family structures such as triplexes. Overall, the PUD amendment results in compatibility with the existing design, scale and uses of the surrounding neighborhood. F. Environment Avon is a very desirable place to live and work largely because of its exceptional natural environment. In a very real sense, the economic and social health of Avon depends upon the protection and enhancement of these resources. Goal F.1 Make Avon's unique natural setting and its open space system central elements to its identity and structure. Policy F 1.1 Future development and redevelopment shall minimize degradation of the environment, particularly in sensitive natural areas. Applicant's Response: The layout of the eight (8) single-family residential lots is particularly responsive to the environment. As designed, degradation to the site and environment will be minimized. For example, the lots have been designed to create the most desirable site planning and building placement ...ru_fJ__nrtn A-.,...d. --+ 7 TnluA 1110 11` outcomes. The building envelopes ensure that all future residential development is oriented parallel to the existing natural contours versus being oriented perpendicular to the natural contours. A paralleled orientation results in a building design that relates to the natural topography of the development site instead of a building design that 'fights against" the contours of the site resulting in excessive cuts and substantial retaining of the slopes. In evaluating the merits of the amendment, the Town staff states that, "The proposal appears to assign a value judgment to the platted non- developable areas by way of reallocating the same amount in a different configuration on the lot. Staff does not support the movement of such areas, regardless of the ability to compensate a similar area on the same property. " While the staff s position appears understandable, the staff's position fails to take several important aspects into consideration. For example, the result of reconfiguring the non-developable area actually increases the direct benefit of the area to Lots 53, 56, & 88 by providing a buffer around these lots that far exceeds standard setback requirements. Additionally, the reconfiguration of the non-developable area makes a significant reduction in allowable density on the combined area of the development site and ensures the preservation of the character of the neighborhood remains intact through the elimination of the construction of multiple family structures. Further, as the staff points out, "... it is apparent that they (non-developable areas) also serve as a development buffer to Tract H, which is designated as Open Space, Drainage, and Access.", the reconfigured non-developable area actually increases the development buffer adjacent to Tract H. For these reasons, the applicant believes that the proposal to reconfigure the non-developable area is justified. In fact, contrary to the statement of staff that "...to remove or otherwise alter the existing open space (non-developable area) does not appear to meet the original intent of environmental and visual buffers. ", the application clearly demonstrates that the reconfigured non-developable actually enhances and improves the environmental and visual buffers of the development site and surrounding areas. Policy F1.2 Development should not be allowed on steep hillside areas vulnerable to environmental and visual degradation. Applicanf's Response: The layout of the eight (8) single-family residential lots was designed to avoid steep hillsides and minimize visual degradation. One of the design intents of the future development is to minimize excessive cuts and fill conditions and to prevent unsightly grading of the property which results in unnatural scarring of the land forms. The homes sites have been located away from areas of steep slopes. The applicant had originally and intentionally placed the areas of steep slopes into a non-developable area 8 Wildridge PUD Amendment /'? July 6, 2004 surrounding the site. Furthermore, as a result of gaining vehicular access to the development site via Longsun Lane, the steepest portions of existing Lots 89 & 90 would forever have been protected from environmental and visual degradation as a result of development. Contrary to what is clearly good land planning and site design, the applicant has amended the application to respond to traffic concerns of the several property owners on Longsun Lane. Policy F1.4 Development and redevelopment will accommodate wildlife habitat, including deer and elk migration routes, or otherwise mitigate loss of habitat. Applicant's Response: Future development on the site will accommodate wildlife habitat, particularly deer and elk migration routes. Through the creation of a non- developable buffer zone on the site, the existing north/south wildlife corridor on through Tract H will be maintained and enhanced. The area of non-developable buffer zone immediately adjacent to Tract H is over two (2) acres in size. This additional two (2) acres, while not being dedicated to the Town, will serve as future open space. G. Parks, Parks, trails and open space enhance the community's quality of life. Recreation and Open space preserves wildlife habitat and view corridors; trails offer Open Space walking, jogging and bicycling opportunities; neighborhood and community parks serve as places to gather and recreate. Goal G.1 Provide an exceptional system of parks, trails, and recreational programs to serve the year-round leisure time needs of area residents and visitors. Policy G1.2 The Town will continue to evaluate and acquire parcels or easements for open space, trails and recreation. Applicant's Response: In the initial application, the applicant had offered to grant a perpetual easement for pedestrian access across the development site. The easement for pedestrian access would have been platted along the southerly edge of Lot 1 to provide a pedestrian connection between Longsun Lane and the Town-owned Tract H to the west of the development site. Within the easement, and at the sole discretion of the Town, the applicant was offering to construct an unimproved pedestrian path from Longsun Lane to Tract H. The pedestrian path would have ensured future access to a parcel of town-owned open space thereby increasing future opportunities for recreation in the Town of Avon. However, in response to input sought on the easement from adjacent property owners and residents of Wildrdige, the applicant has removed the pedestrian access easement. Inly( 2(1(14 rj? H. Community Community image is a combination of natural setting, architectural design, Image and density, design of streets and walkways, signage, public art, community Design facilities, and the care and maintenance of neighborhoods and businesses. An attractive community image not only fosters a sense of identity and pride in its residents and businesses, it is critical to its long-term success as a tourism destination. Goal H.1 Establish and maintain a high quality visual image of the Town. Policy H 1.1 The Town's streets and walkways shall be designed and maintained as safe, attractive public spaces. Applicant's Response. The applicant will construct a private road through the development site off of Longsun Lane. The private road shall be constructed to the standards prescribed by the Town of Avon. The private roadway shall be of a sufficient width to safely accommodate vehicular traffic as contemplated in the Town's development objectives for private streets in Wildridge. 1. Communication While most citizens are finding less time to attend town meetings, review development proposals, and generally communicate with the Town government, the need for citizens to be informed participants in the community has never been greater. Avon's small size, high land values, well-educated population and seasonal economy means that development and other local governmental decisions are often complex, and generally have greater impacts on the community than they would have in a larger metropolitan area. For these and other reasons, effective communication systems are fundamental to sustaining Avon's high quality of life and economic health. Goal I.1 Establish and maintain clear communication between the Town and its citizens, business community, visitors, and other public entities. Policy I1.1 The Town Council and Planning & Zoning Commission will actively seek broad public involvement on key issues and decisions. Applicant's Response: In addition to fully complying with the Town's requirement for public notice pursuant to Section 17.12.100, Hearings - Setting Date Avon Municipal Code, the applicant, has sought input and comment on the PUD amendment from the surrounding neighbors and residents of Wildridge. The applicant on numerous occasions met directly with the neighbors and residents to present the plans to them outside of a public hearing and at their convenience. Written comments on the amendment that the applicant received from the neighbors and residents has been included in 10 Wildridge PUD Amendment July 6. 2nna Section VI of this submittal packet. As a result of listening to the input from surrounding neighbors and residents, the applicant has twice made revisions to the application for the PUD Amendment. For example, the overall residential dwelling unit density has been reduced from ten (10) units to eight (8) units. The average lot size and amount of non- developable areas have been increased resulting in a greater amount of "open space area" around the homes. A private road has been incorporated into the plan to prevent any potential increase in cost of road maintenance services to the Town and its taxpayers and the potential negative impacts of a pedestrian easement on adjacent property owners has been eliminated through the removal of the proposed easement. Policy I1.3 Public meetings, access to documents and development proposals, and other interactions with the Town will be open and as accessible as possible. Applicant's Response: As previously mentioned above, the applicant met on numerous occasions with the neighbors surrounding the development site and residents of Wildridge to gain their input and comment on the amendment. In those instances when meetings could not occur, every attempt was made to facilitate an exchange of information to ensure that the development proposal remained accessible to all those seeking knowledge. In addition to being in compliance with the goals and policies above, the PUD amendment request is consistent with the recommendations for Sub-area 18, Wildridge, as outlined in the Town's Comprehensive Plan. According to the recommendations for Sub-area 18, integrated design themes for development that achieve a more unified overall appearance and the continuation of developing roadways as rural-type roads without curb and gutter, roadway lighting, or sidewalks will be achieved as a result of the PUD amendment. 2. Conformity and compliance with the overall design theme of the Town, sub- area design recommendations and design guidelines adopted by the Town. Applicant's Response: The future development of eight (8) single-family residential dwelling units on the development site will be reviewed and approved by the Town of Avon Planning & Zoning Commission for compliance with the overall design theme of the Town, sub-area design recommendations and design guidelines adopted by the Town. One of the design intents of the future development is to minimize excessive cuts and fill conditions and to prevent unsightly grading of the property which results in unnatural scarring of the land forms. This goal will be achieved by maintaining he required twenty- five (25') foot front setback requirement on the downhill lots (Lots 1- 5). As proposed, development on these lots will allow for a twenty-foot (25') front setback for "one story, side-loaded" garages (non-habitable area). All other portions (habitable areas) of the residential structures will be required to comply with the required twenty-five (25') foot - - 11 July ( 2004 1?) setback. A twenty-five (25') foot front setback requirement is proposed on the lots located along Wildridge Road (Lots 6-8). The front setback requirement will reduce the negative affects of providing vehicular access to the residential units by minimizing the distance vehicles must travel on the lots to access the required parking areas. A second design intent is to ensure the creation of building envelopes that result in structures designed to match the contours and togrhy of the existing site. s proposed, the lot layout has been designed to maximize the orientation of the structuresto the contours of the landforms. This design intent and lot layout will minimize the amount of grading and retaining on each of the lots and ensure compliance with the adopted design guidelines. Specifically, each individual residence will respond to the topography of the site to ensure that the residences become an integral part of the site rather than structures which are out of character with their surrounding landforms. While the applicant is not proposing specific design guidelines for this development, as previously stated in this narrative, development on each of the individually platted lots will be required to be submitted to the Town for review and approval of the residential plans for compliance with the Town's adopted desi development on the lots will be treated just like the rest of?e residential ev olpment in the Wildridge PUD. 3• Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural desi height, buffer zones, character and orientation. gn' scale, bulk, building Applicant's Response: According to the Staff Report to the Planning & Zoning Commission dated June 1, 2004, the staff states that "Though there may he the application of single-family homes in this block (Block 4) of Wildridge in merit e t of multifamily dwellings, the requisite changes to traffic patterns, hulk and massing, existin hufer zones, and character of the area are not positively affected 11 g The stag's comment acknowledges that there is merit to the application as it relates to "this block (Block 4) ", and then suggests that the requisite (ie, required) changes to other various aspects "are not positively affected " The development will be designed to be compatible awith athtebelmmveesd ate otherwise. Future neighborhood and adjacent properties relative to architectural des environment, building height, buffer zones, character and orientation. All future development will be, reviewed and approved by the Town of Avon Planning & Zoning Commission for compliance with the adopted design guidelines. To that end, the exterior design of the individual residences will be a mixture of indigenous materials such as stone, wood siding and timbers. All residential development within the PUD will be limited to 4,000 square feet of building area to prevent the construction of residences out of scale and character with the neighborhood. A request for a deviation from the maximum allowable building height as permitted by the Residential Single-Family (RSF) zone district is not requested, and therefore, residential structures shall not be permitted to exceed thirty-five (35') feet in height, as defined by Title 17: Zoning Regulations. Wildridge MV Amendment 12 ' inly A Inn? V To ensure that adequate buffer zones are provided to create separation between existing uses and the proposed future development, a twenty-five foot (25') wide non-developable buffer zone is proposed along the southerly boundary of the PUD, adjacent to existing Lot 53. Two additional non-developable buffer zones are proposed along the westerly and northerly sides of the PUD. The one-hundred, ten-foot (110') wide buffer zone along the westerly side of the PUD is in addition to the already existing open space buffer created by the Town-owned Tract H. The northerly buffer zone is intended to prevent development of Lots 1-5 from "creeping" up the slope and thus having detrimental affects on the grading and topography of the development site. A total of more than 145,055 square feet (3.37 acres) of non-developable buffer zone area is provided within the PUD. 4. Uses, activity and design which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant's Response: The uses and activities. within the PUD will provide a compatible, efficient and workable relationship with surrounding uses and activities. The development potential of the PUD shall be similar to that permitted by the Residential Single-Family zone district. No deviations from the "allowed uses" of the zone district are proposed. As such, pursuant to Section 17.20.050, Zoning Regulations, only "one family dwellings" and "accessory buildings and uses" shall be permitted with the PUD without consideration of a special review use permit. According to the Official Town of Avon Zoning Map, the areas adjacent to the PUD are zoned: • East - Wildridge PUD/Residential West - Wildridge PUD/Residential/Open Space • North - Wildridge PUD/US Forest Service South - Wildridge PUD/Residential The single-family development of the PUD is compatible with surrounding uses and activities and results in the permanent down-zoning of the property. According to the Staff Report, the staff suggests that "The proposed uses (single family homes) do not appear to provide a compatible and efficient relationship with surrounding uses and existing residences (single family/duplex homes), particularly on Longsun Lane. " It is further stated that, "Several of the lots proposed are highly constrained and may create access and loading problems... " In response, if single family homes are not compatible on the site to the surrounding residential uses it is unclear what uses staff believes are compatible. As previously mentioned, the adjoining uses are low density residential uses. The applicant is proposing to further reduce the residential density in the area by eliminating multiple family structures an area where no multiple family structures exist today. Based upon discussion and input provided at two previous public hearings of the Planning & Zoning Commission, the Commission members as well as the majority of 13 Z? DT m A -Am Ant July 6, 2004 the public in attendance indicated their desire to see single family homes built on the site rather than allow multiple family structures to be built in the area. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD (amendment) is proposed. Applicant's Response: No natural and/or geologic hazards affect the property upon which the PUD (amendment) is proposed, therefore, no mitigation or avoidance of the hazards is required. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant's Response: All future residential development on the site shall be required to comply with the adopted Town ofAvon Residential Commercial and Industrial DesiPrr Guidelines, and as may be amended from time to time. The design of the future residential development will be oriented to take advantage of solar gain and view corridors to the south and west of the development site. The lot lay out of the PUD has been designed to ensure compliance with the prescribed residential site development guidelines (ie, site design, site access, site grading, easements, drainage). For example, the lots have been designed to create the most desirable site planning and building placement outcomes. The building envelopes ensure that all future residential development is oriented parallel to the existing natural contours versus being oriented perpendicular to the natural contours. A paralleled orientation results in a building that relates to the natural topography of the development site instead of a building that "fights against" the contours resulting in excessive retaining of the slopes. The building site locations have been proposed to ensure that existing views from private property adjacent to the site are not negatively impacted. The residential building sites have been clustered low on the development site and away from the exterior perimeter of the development site. This design intent achieves the goals of the Town's development regulations without negatively impacting any existing or potential development on the adjoining properties. 7. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation that is compatible with the Town transportation plan. Applicant's Response: The circulation system has been designed for both vehicles and pedestrians and is compatible with the Town's transportation plan. As designed, a private road will be constructed across the development site to provide vehicular access to each of the residential lots. The private road shall be constructed to comply with minimum 14 2n Wildridge PUD Amendment July 6, 2004 `b Town standards for road construction. Additionally, subject to adjacent property owner consent, an easement for pedestrian access will be platted along the southerly edge of Lot 1 to provide a pedestrian connection between Longsun Lane and the Town-owned Tract H to the west of the development site. Within the easement, and at the sole discretion of the Town, the applicant will construct an unimproved pedestrian path from Longsun Lane to Tract H. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant's Response: Landscaping and open space have been provided within the PUD to optimize and preserve the natural features, recreation, views and function of the development site. As previously stated, more than 145,000 square feet of non- developable buffer zone area is provided within the PUD. The non-developable buffer zone area will ensure the preservation of the natural features and vegetation existing on the site and add to the aesthetic quality of the surrounding areas by providing more undeveloped area. The additional area, while visually pleasing, will also be functional in that a pedestrian access easement could be provided to allow pedestrian access to Tract H which is a Town-owned open space parcel. Currently, the only legal means of public access to Tract H is from Wildridge Road East. Individual plans for landscaping will be submitted to the Town for review and approval as part of the approved plan set for development on each of the lots. The individual plans shall be designed to fully comply with the minimum requirements for residential landscaping as prescribed in Section 4C, Town of Avon Residential Commercial and Industrial Design Review Guidelines. At this time, subsequent to Town approval, the design intent of the landscape plans is to create harmony between each of the building sites and the natural topography and existing vegetation on the site. This intent will be achieved by selecting plant materials that are adaptable to the area and are compatible to the various climatic zones found in the Valley. Plant materials such as Colorado Blue Spruce, Rocky Mountain Juniper, Pinyon, Quaking Aspen, Servicebenry, Snowberry, Mountain Mahogany, Alpine Currant, Potentilla, Western Sage, Rabbitbrush, and other similar hardy species are proposed. The applicant is not requesting deviations or variations to any landscape area requirements. 9. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the (amended) PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. Applicant's Response: A workable, functional and efficient plan for development within the PUD will be achieved. As proposed, the first step in the development of the site will be to construct all necessary infrastructure on the site. The applicant has received preliminary approval from each of the public utility service providers for access to services (ie, ERWSD, Holy Cross, Public Service, etc.) This includes the extension of 15 2? .,. .., . ___a_ .. July 6, 2004 public utility services (sewer, water, gas, electric, cable, telephone, etc.) with stub outs to each lot, and the installation of the required fire hydrants. With all the necessary infrastructure construction complete, each of the residential lots will be ready for future construction and no reliance upon the completion of future project phases is necessary. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, police and fire protection. Applicant's Response: Adequate facilities are available to serve the eight (S) single- family residential lots. Longsun Lane provides vehicular access to the development site with a new private road providing access to the lots from Longsun Lane. Longsun Lane is a platted public street maintained by the Town of Avon. As an infill development within an existing platted subdivision, no annexation request or requests for expanded municipal services are required. Adequate infrastructure and platted easements exist on the development site to ensure the provision of necessary water, sanitary, and utility services. A thirty-foot (30') wide utility easement traverses north-south across the development site. This easement along with the creation of additional easements for utilities and drainage will serve the needs of the residential development on the site. The present impacts of Residential Duplex (RD) and Residential Low Density (RLD) zoning on public facilities and services, including but not limited to fire, police, water sanitation, roadways, parks, schools and transit are based upon the allowable development potential granted by the existing zoning regulations. Pursuant to the existing PUD, a total of eleven (11) dwelling units of a multi-family and duplex-type are allowed on the development site. The existing development potential will have no negative impacts on the above-described criteria as the it is decreasing in density by more than 25%. Similarly, the future impacts of single-family development on the public facilities and services, including but not limited to fire, police, water sanitation, parks, schools and transit will have no negative impacts on the above-described criteria. Most importantly, because of the net reduction in total development potential as a result of the proposal, a reduction in demand on services is expected. 11. That existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed (amended) PUD and vicinity of the proposed (amended) PUD. Applicant's Response: The existing streets and roads are suitable and adequate to carry anticipated traffic within the PUD and the area surrounding the PUD. On several occasions the applicant met with Town staff to specifically discuss traffic impacts. Pursuant to the Town's Transportation Plan, both Longsun Lane and Wildridge Road East are designated as local-street types. As local streets, these two streets are already designed to accommodate the average daily trips (ADT) generated by residential development. According to the Institute of Transportation Engineer's (ITE) Trip Generation Manual, 4`h Edition, one (1) single-family residential structure generates six 16 Wildridge PUD Amendment July 6, 2004 ?? (6) average daily trips. An average daily trip is defined as the average number of vehicle trips generated leaving from and returning to a designated land use for the purpose of transportation planning. 12. Describe the proposed development standards. Provide justifications for the proposed standards and describe the benefits to the Town if they deviate from Town standards. Applicant's Response: The proposed development standards for the PUD are: Underlying Zone District: Residential Single-Family (RSF) Allowed Uses: 1. One family dwelling; 2. Accessory buildings and uses. Special Review Uses: 1. Home occupations; 2. Aboveground public and private utility installations; 3. Church. Development Standards: 1. Minimum lot size: twenty-seven thousand, seven hundred & fifty square feet (27,750 sq ft); 2. Maximum building height: thirty-five feet (35 ft); 3. Minimum building setbacks: Front: twenty-five feet (25 ft) Sides: seven & one-half feet (7.5 ft) Rear: ten feet (10 ft) 4. Maximum site coverage: forty percent (40%) 5. Minimum landscape area: thirty-five percent (35%) 6. Maximum density: one dwelling unit per lot 7. Outdoor lighting: a maximum of eight (8) outdoor lighting fixtures shall be permitted on each residential lot. With the exception of up to two (2) decorative lighting fixtures located at the front door entrance to the residence, all other outdoor lighting fixtures shall be downward facing `fully cut-off' fixtures which do not permit light to be emitted in an upwards direction from the fixture. All other Town outdoor lighting requirements shall apply" •' Unless noted otherwise on the Approved Development Plan Note: All other development standards and development requirements not specifically listed above and as prescribed by the Zoning Code of the Town of Avon shall apply to development within the PUD. 17 Wildridge PUD Amendment July 6, 2004 3? The proposed deviations to the development standards are justified by the benefits they provide to the Town of Avon. As previously stated, approval of the PUD amendment will ensure that the goals and policies of the Town's Comprehensive Plan are achieved. As a result of the amendment, development on the site will be responsive to the topography of the area and future development on the site will be compatible with the surrounding existing and potential land uses. Specifically, the increased minimum lot size ensures that the character of the built environment of the area remains unaffected by the proposed development and the forty percent (40%) increase to the minimum landscape area requirement and corresponding twenty percent (20%) decrease to the maximum allowable site coverage allowance assures that an ample amount of natural landscaping and open space remains in and around the development site. A written response to the non-developable area review criteria will be provided upon the adoption of Resolution 04-25 by the Avon Town Council 18 Wildndge YUD Amendment July 6, 2004 VII. NON-DEVELOPABLE AREA REVIEW CRITERIA On July 27, 2004, the Avon Town Council adopted Resolution No. 04-25. Resolution No. 04-25 was adopted to establish specific criteria and policy direction for the community related to the non-developable areas that exist in the Wildridge PUD and applications that propose to amend the shape, configuration, or use of non-developable areas. According to the adopted resolution, the three specific criteria established by the resolution must all be met to amend existing non-developable areas within the PUD. The purpose of this section of the PUD amendment application is to respond to the three specific criteria established by Resolution No. 04-25 and demonstrate how the application complies with all of the criteria. 1. The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application and hearing process. Applicant's Response: The existing dwelling unit development rights of Lots 54, 55, 89 & 90, Block 4, of the Wildridge Subdivision is eleven (11) dwelling units (one duplex and three triplexes). In keeping with the goals of the above-stated criteria, the applicant is requesting a significant reduction of existing density. When approved, the overall allowable density for the combined area of the four lots shall be reduced by three units or roughly 28%. A review of the Town's files demonstrates that no other PUD amendment in Wildridge which proposed to vacate existing property lines and re-allocate developments rights has ever proposed such a significant reduction. In fact, no other application ever proposed a reduction greater than 25%. The applicant has complied with this criteria. 2. The basic area is traded on a one-to-one basis so that the land designation is not reduced or diminished. Applicant's Response: According to the stamped surveyor's information, 3.33 acres (145,055 square feet) of non-developable area exists with the combined area of Lots 54, 55, 89 & 90. As demonstrated through the specific site development plan and development application, 3.37 (146,797 square feet) acres of non-developable area shall remain upon approval of the requested application. Given the applicant's proposal, the non-developable land area is neither reduced nor diminished upon approval. Instead, the non-developable land area is actually increased by nearly 1,750 square feet. 3. The aesthetic character, contiguity and general location across public and private properties, natural conditions and intent of the existing area remains 1 Wildridge PUD Amendment July 6, 2004 ?J? intact, as demonstrated through the specific site-development plan and application. Applicant's Response: The aesthetic character and natural conditions of not only the existing non- developable area but the entire 7+ acre development site is mainly a south facing mountain hillside of relatively consistent grade and natural vegetation. No significant natural features such as rock outcroppings, stands of trees, or stream courses exist anywhere on the site. The existing location of the non- developable area is mainly through the center portion of the site and along the Town-owned open space tract (Tract H). A copy of the existing survey information has been included in Section V of the Development Application. The existing non-developable area is contiguous with Tract H and Lot 56. According to the applicant's request, the reconfigured non-developable area shall not only remain contiguous with Tract H Iind Lot 56, the area adjacent to these parcels shall increase in size as well as become contiguous with Lot 53 and Lot 88. A review of the reduced plan set in Section V demonstrates that a significant non-developable buffer is created along the entire northerly property line of Lot 53 and nearly 50% of the length of the westerly property line of Lot 88. In addition, as presently existing, 'an east-west non- developable area shall remain between the upper and lower developable areas of the development site. This area shall serve to maintain the physical and visual separation that exists between the two areas of development. Based upon the review of the criteria above, it is clear that the proposal to amend the size, location and configuration of the non-developable area on presently located on Lots 54, 55, 88 & 90 meets all of the criteria establish by Resolution No. 04-25 and preserves the intent and character of the existing non-developable area. 2 Wildridge PUD Amendment July 6, 2004 3`? Z;Xfft81T e MEMORANDUM To: File From: Norman Wood, Town Engineer Date: August 6, 2004 Re: Western Sage P.U.D. - Preliminary Plan Review Resubdivision of Lots 54, 55, 89 & 90, Block 4, Wildridge REVIEW COMMENTS: 1 • Variance Required - Section 16.40.330 - Each lot shall have a frontage width on a dedicated street of not less than twenty-five (25) feet. a) Suggest reconfiguring Lots 1 and 2 to provide 25 foot minimum frontage to cul-de-sac for each lot. b) Suggest eliminating Tract A and replace with access and utility easement. 2• Variance Criteria - Section 16.12.020 (a) Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape, location and character of the proposed subdivision; (b) Whether the provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; (c) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question. 3• Public Improvements - Section 16.20.190 (b)(3) - Underground distribution of gas, electrical power or communications are required and a description of the system or systems shall be shown. 4• Water & Sewer -16.20.130 - Before final action can be taken by the Town Council on any preliminary plan, evidence of approval by the appropriate utilities (including water and sewer) shall be supplied to the Town Council. 5. Covenants - Section 16.20.150(12) Additional information shall accompany the preliminary plan as follows: g. Brief description of proposed covenants. C Owuments And Settings\71catieb\Loca1 SettingslTemporary Intemet Fiks\OLK24\Comffwnts Memo-3,Dm 1 ?? SITE SPECIFIC COMMENTS: Sheet 2 1) Topographic Survey must be signed and sealed by professional land surveyor. Sheet 3 1) Revise Lot 1 boundary to provide 25 foot minimum frontage on cul-de-sac. 2) Eliminate Tract A and extend Lots 2, 3, 4 & 5 across area. 3) Define area designated as Tract A as Access and Utility Easement across Lots 2, 3,4&5. 4) Eliminate side and rear setback lines. 5) Add Utility Easements. 6) Add Non-Developable Area with dimensions and bearings as required to define. 7) Define Building Envelopes based on front setbacks, easements and non- developable area. 8) Show 10 foot Slope Maintenance, Drainage & Snow Storage Easements on Lots 1,2,6,7&8. 9) Change Title from "Possible Plat" to "Preliminary Plan." 10) Add Drainage Easement on lot 1 to accommodate drainage and pipe across access drive. Sheet 4 1) Note: Access and turnaround configuration must be approved by Eagle River Fire Protection District. Sheet 5 1) How does Lot 6 access Sewer? 2) Note: Water & Sewer Plans must be approved by Eagle River Water & Sanitation District. 3) Note: Electric, Natural Gas, Telephone and Cable TV Should be included and Plans must be approved by the applicable utility company. CADocuments And SettingAT cadebV-ocal SettingATemporary Intemet FtIes10LK24\Comments Memo-3.Doc 2 .. 3V TOWN OF AVON, COLORADO RESOLUTION NO. 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WILDRIDGE PLANNED UNIT DEVELOPMENT WHEREAS, The Town of Avon has determined that existing non-developable area should remain intact and in a natural state, however, also recognizes that from time to s application may be made to amend these areas; and time WHEREAS, Town Council recognizes and strongly affirms the value of existing non developable areas as they exist in the Wildridge Planned Unit Development (PUD an restrictions associated to development or encroachment of development in thes ) d the contained on the PUD subdivision plat; and a areas WHEREAS, the Town Council finds that the merits of any application amend the sha that proposes to pe, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon hereby affirms general criteria and the community related to the non-developable areas that exist in the WildridgelP direction to y UD; and WHEREAS, the Town Council sets forth the following specific criteria to all be me an application in order to consider a proposal to amend existing non-developable t by Wildridge PUD: areas in the 1 • The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application and hearing process; and I. The basic area is traded on a greater than or equal to one-to-one basis so that the land designation is not reduced or diminished; and 3. The aesthetic character, contiguity and general location across public and private properties, natural conditions and intent of the existing area remains intact, as demonstrated through the specific site-development plan and application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated herein in order to preserve the intent and character of existing non-developable areas as contained in the Wildridge Planned Unit Development. ADOPTED THIS 31 DAY OF 2004. ? 0F, A p 3 cY1? 1 Town Clerk f 1 ATTEST: TOWN COUNCIL TOWN OF AVON, COLORADO Mayor Resolution No. 04-25 NonDevAreas WR PUD v.3 Page 2 of 2 114 WMv A Sz VON C O L O R A D O August 9, 2004 LK 41 G IT'-I> Jay Peterson 108 S. Frontage Road, Suite 208 Vail, CO 81657 RE: Lots 54, 55, 89, 90, Block 4, Wildridge- PUD Amendment, Variance, & Subdivision preliminary plan Review Comments Jay: Pr,.ct O rn Hu l 400 ""1( /nr%/'? Kr?rrl At oil, "/"()- 748- 4000 970- V49- u/_rv I'rf r 970-S45- Thanks for coming in today to review the revised Western Sage PUD applications with Norman and myself. The revised application concept appears to respond to the concerns of staff, the Commission and the neighbors treatment with respect to the new lot layout and the of the non-developable areas. To review, our comments on the application that will require clarification or revision prior to final Council action are as follows: 1. Provide the sealed survey copy for the file. 2. Delete setbacks as proposed (since the non-developable area essentially limits our disturbance), and instead create defined building envelopes. Also, I will also recommend that the front setbacks of the interior lots (1 through 5) be reduced to 10 feet and the front setback on Wildridge Road be reduced to 15 feet. As we discussed, this would provide nt better flexibility for construction and may minimize the 'creeping' lots and provide additional buffer to the non-developable areas. of grading down the 3. Reconfigure Lots I and 2 to provide the 25 minimum frontage for each lot to the cu- de-sac, thereby lessening the extent of variance being requested. 1 4. Clarify the 4,000 square foot restriction. Is this a buildable area restriction or the maximum home size? There are some conflicts between the PUD plans and pa es 2 13 and 17 of the application in this regard. 8 5. Cant' over the plat restriction from the Wildridge PUD related to Non-Developable areas to this PUD plan and the final plat. Also, add the dimensioned new area to the PUD plan and final plat. 6. Eliminate Tract A and create it as a common access and utility easement across 2, 3, 4 and 5. This includes a continuation across the easement of the property lines as we reviewed. 7. Provide a brief description of the proposed covenants with the Preliminary Plan particularly as it relates to the access easement. 8. Label the 10-foot slope maintenance, drainage and snow storage easements on 1,2,6,7 and 8. Lots P 9. Change the title of "Possible Plat" to "Preliminary Plat". 10. Clarify sewer tie in to Lot 6. If access is contemplated across Lot 7 to tie in at Lot 8 boundary, provide the appropriate easement by final plat. 11. Clarify underground distribution of public improvements required, and a description of the system(s), per Section 16.20.190 (b)(3) of the Avon Municipal Code. 12. Evidence approval by appropriate utilities before Council action on Preliminary Plan, per Section 16.20.130 of the Avon Municipal Code. 13. Add utility easements to Sheet 3 of the submittal. Add drainage easement on Lot 1 to accommodate drainage and pipe across access drive. 14. All design statements and square footage restrictions should be contained in the Development Standards of the PUD Development Plan, which are located on the first page of the PUD plans. If your intent is to create a cohesive feel to all properties accessed from Longsun Lane, you will need to place those restrictions or minimum standards on the PUD plan so they can be used in concert with the Town design review process for each lot. 15. Lighting exceptions proposed (i.e. that 2 fixtures on the front of the house are not shielded) will not be supported. We would recommend, at a minimum, partially shielded fixtures that meet the intent of the Town design guidelines. 16. The increased minimum standards for landscaping are supported, however as we discussed, the maximum permanent irrigation requirements of the existing guidelines will continue to apply. This application is scheduled for hearing on August 17, 2004 with the Planning & Zoning Commission. Jay, if you have any questions about the above requested items please don't hesitate to call me at 748.4002. Kind Regards, Tambi Katieb, AICP Community Development Director Cc: File Z-PU2004-3 S-NW 2004-4 Town Engineer Town Manager F:1Correspondence\Extcm&1\PUD L.etterslWlMMSe PUD Amendments\L54 SS 89 90 B4 WR WesternSagevl reviewitr.doc 40 _ a F A ? ?' 0 5 / + 4V -? i Z } ( i i 1 o? - n GG o,A Mw; o.f ?.. OPEN SPACE EXHIBIT MARGIN ENGINEERING LLC ? i F 4, 38, aD & DO, BLOCK 4 E, TOWN P.J. eor lQea OF AVON, COLORADO ,avGNl=OL,.P^DO eiece TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-22 SERIES OF 2004 A RESOLUTION WILDRIDGE RECOM1yENDING APPROVAL OF A pU ? qME PUD FOR LOTS 54, 55, 89 AND 90, BLOCK WILD NDMENT TO THE AVON, EAGLE COUNTY, COLORADO RIDGE, TOWN OF WHEREAS, Jay K. Peterson has applied for an eight (8) single-family lots on Lots 54, 55, 89 and 90, Block 4 e own as s th "Western create Sage PUD", as more specifically described in the application da ed July 19, `Wern , 2004; and WHEREAS, after notices re wire the Plannin & 9 d by law, a public hearing on said application was held by 8 Zoning Commission of the Town of Avon; and WHEREAS, said application complies with which include the following: the PUD criteria set forth in Section 17.20.110, a. Conformance with the Town of Avon Com rehensive Plan's Goals has not been met as required by 17.20.110H(1). and Objectives b. The overall design concept of this PUD Amendment conforms to the non- developable areas with the proposed building locations, and also conformnt of non- s to the general Policy criteria for alteration to these areas as contained in Resolution The movement of these areas will not significantly alter the character or ?-25. detrimental to the neighborhood. 17.20.110H(2) C. The existing development rights on Lots 54, 55, 89 and 90 are com atible immediate scale and character of existing properties, p with the conditions, and platted non-developable areas and ?erothe existing access 8 single-family residences is compatible as applied for in the PUD amend of density to 17.20.110H(3) amendment. d. This PUD Amendment application is responsive to the existin to natural features of Wildridge. 17.20.110H(4) g p°graphY and e. This PUD Amendment application creates functional or Optimized responsive to existing views and buffers to open space. 17..20.110H(8)n space that is f. This PUD will not increase the non-conformity of Longsun Lane, as the access proposed is private, and the traffic and number of dwelling units projected onto the existing cul-de-sac will not be increased over the existing PUD. 17.20.110H(11) NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends approval of the application for an amendment to the Wildridge PUD to rezone Lots 54, 55, 89 and 90, Block 4 from duplex and triplex zoning for an existing total of eleven (11) dwelling units to eight (8) dwelling units on eight (8) single-family lots (Lots 1,2,3,4,5,6,7 & 8), reducing three (3) development rights, as more specifically described in the application dated July 19, 2004 with the following conditions: 1. The Development Standards on the PUD Plan will be revised to include the following: a. Maximum Square footage of homes shall be clarified as 4,000 square feet. b. Building Envelopes, featuring a maximum front yard setback on Lots 1-5 of 10 feet, and a maximum front yard setback on Lots 6-8 of 15 feet. Building envelopes will be specifically defined to contain all require site disturbances. c. Design Guidelines for this PUD shall be placed on the PUD plan. 2. The PUD site plan shall be revised to add the following: a. The non-developable area restriction from the Wildridge PUD plan shall be copied to the PUD plan. 3. Approval of this PUD is contingent upon concurrent approval of the corresponding subdivision Preliminary Plan. ADOPTED THIS 17th DAY OF August, 2004 Signed: Chris Evans, Chairman Attest: Terry Smith, Secretary Date: Date: FAPlanning & Zoning Commission\Resolutions\200ARes 04-22 L54,55,89,90 B4 WR PUD Amendv2 Approve.doc v1 J 9 f A d SITE JY h r,alM ,!Y fa, ZL b nMM ?/. Ca., !f a MIS ??' noeistf? N Je• • f • •; .?lu ` 1 1 w. I ? sonnleY ? . Yll 1/4 WI.MC, b .V V. u111/. eel as a ' •`?" ?\ " r 4f •. Pet I/1 f0. !a a ?; • • , a / a, IYI?/IYIi I?/e sYiwvulos IaIM IN fat L< Je W M I/1 [q, a¢ a - - W I L D R I D G E SUBDIVISION: BLOCKSI -5 6OUld us JLIMMAI[T (Atilt" kLVIJ 1-d) Narrative of PUD's Intent - PUD Intent: Single-FomNy R/ddentld Devdopminl an,urlnq the protection of the resldentiol do=. aharocler, a stole of the neighborhood; preservation of estslwg vMws Iron . . t properties; and the permanent reduction of resldentiol density in the neighborhood Permitted. Condllond, and Accessory Uses - Permitted Us" - Singh-Family Dwelling Units PROPOSED NUMBER OF DWELLING UNITS - B SuiaE FAMILY CURRENT NUMBER OF DWELLING UNITS - II UNITS SQUARE FOOTAGE BREAKDOWN - 4.000 square feel of bueding ore per lot BUILDING HEIGHT (It.) - JS feel Maximum OFF STREET PARKING SPACES AVAILABLE - PER TOWN CODE GARAGE PARKING AVAILABLE - PER TOWN CODE SURFACE PARKING AVAILABLE - PER TOWN CODE BUILDING LOT COVERAGE - AREA (so, fl.) 40A TSA SITE LANDSCAPED - AREA (sq. n.) PER TOWN CODE SNOW STORAGE - AREA (sq. N.) PER TOWN CODE % of Pa-1d Area SETBACKS - Front - PER TOWN CODE - Side - PER TOWN CODE - Rear - PER TOWN CODE NOTE; For aH standords not epecimcoey oddessed oboe, the Wadidgs Subdidsian Plot and Town of Avon MUnialpd Code requrements sholl apply. VICINITY MAP 1' - 500 FT COVER SHEET WESTERN SAGE P.U.D. LOTS 1-8, TRACT A. BLOCK 4 WILDRIDGE SUBDIVISION TOWN OF AVON, COLORADO CERTIFICATE OF DEDICATION AND OWNERSHIP Know aB men by Bless presents ytat Jay K. Pelarson, sole owner In fee simple of all that real property described as follows: Lots 54, 55, 89 and 90, Block 4, WMWge, Town of Avon, Eagle County, Colorado, Reception No. I agree to develop the flan as depicted on this site plan. Owners Reprssenta8w: 108 S. Frontage Rd., SUITE. 208 VAIL, CO 81857 STATE OF COLORADO ) ) SS COUNTY OF EAGLE ) The foragoi g Dedication was ackriowledged before me nth day of A.D., 2004 by My Commission expires WfNess my had and seat SHEET INDEX COVER SHEET TOPOGRAPHIC SURVEY POSSIBLE PLAT SITE PLAN UTILITY PLAN OPEN SPACE EXHIBIT SHEET 1 SHEET 2 SHEET 3 SHEET 4 SHEET 5 SHEET 6 Notary Public TOWN CERTIFICATE This Planned Unit D-010 neni and the uses, xonwg sladards and densities as approve for the Rewbdivisfon of Lots 54, 55, 89 8 8o, Sk ck 4 PUD, (Ordinance G4. j by lM Town Cowlcl of ale Town of Avon, Cairity of Eagle, Slab of Colorado, O n_ day of 2004 for Ntig with ft Cork and Recorder of dw county of Eagle. Said approval shag in no way obligate ft Town of Avon for any Improvemenla and approval Of this she plan by the Town is a consent orwy and is not to be cdnsirued as an approval of the technical correctness of bus plan or any documentation relating Itwreo. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TOWN OF AVON By. Mayor Attest Town Cwik RECEIVED JUL 19 2004 Community Development DATE: JULY 15, 2004 o'k yo t n.o w P ? u ¦w 4-2175'23' R-775.00' L-290.00' T-149.72' ... C LEN-28&.)t* n4 LOT 89 BRG-N 3E'08'24' W \' \`« rP X«\?a 0 : ? +Ir YY " Lot ft 4-1 r \ \\ % Q7laq ?? N . LOT 56 L LGro? ?? 4 AW • O , :: E%ISTiNb $EVYANHOLE '/` a 6, 'RIM NPEASWEA& v e4e3 _ ws ngmW ! 1 - c a,a L0 S BASS-OF {IEVAT1011 ? -'•- -'- -- - ,d f* a Rhd M?W u IIn 5 o91etJ: A-99'45'1E- j R-45.W L-54.10' T-71.37' nun av ,- I nr C LEN-51.47' ..wrap P,r,ur "^ G-N 45-wor c BR LONGSUN LANE 129.20' 50' ROW Wa n?a «u[ tpnrK Y .. 1 - - ftv ELV B45i r . -.. _ _ ?i .._ ?K TRACT H 1 GRAPHIC SCALE r ?--- - M 1 ttl '`7' WPGII TRACT H e IN vier 1-b - 40 It MEAS?INY, ,SE ff. 8 M 0LE 0-4 ua a LOT 53 ?M,{ASNHOLE 0-3 8459:9 U J J 0 (7 m Z m Fr C4 W W W -0 Z X 0 Z m0 W QO Z a. U Z Q O 0 0 Q ir Y0 J WW}00 >m z UC;0 U Q ?LL Q O 0 0 t O O 0 00 S nH O JOB : 03034 DATE. 07/9/04 N 0 1 QD 0 m I SHrE?ET NO t0 11 O7 2" P AN POSSIBLE PLAT WESTERN SAGE DEVELOPMENT LOTS 1-8, TRACT A, BLOCK 4 WILDRIDGE A RESUBDIVISION of LOT 54, 55, 89, & 90, BLOCK 4 WILDRIDOA Town of Avon, Eagle County, Colorado I i 1 ? ? Lot ee ! Lw Se ? r X" \\\\? l \ \-30' ACCESS EASEMENT / R•775.00 / TO BE VACATED L•290.23 3 \ I _ l 10' SIDE BUX.DNIG \ \ 1 0 pGE RpP ' /' \\??. \ SETBACK LINE (TIP) \\ \ 1 LIt 57 LOT 7 \\\ 1202 Ares \ / I o \ 0.73e Ara \ Ya 7•5' SIDE DRAINAGE AND t / UTRITY EASEMENT LINE (TIP) \!? \ \ - - 2s' FRONT BuRDwv \ \s \ /?• r -? l SETBACK ?\ LINE (TYP) \ \ \\ N? ti I \ S 05'11'72' E 1a1 S6 LOT a \'P\ S 641829.1/6' R-II&DO 0.733 Acres \\ ?l ! Lot 52 ? e•1e'sln• R•1500 / LONGSUN LANE I ' T L 32. 10' REAR SETBACK 1141'02' E to n I7, / 50' RAW \\ AM 10' REM UTILITY MO ?/1I I \\ Ir?.Sr ,y? ` 19 DRAINAGE EASEMENT UNE (TYR) 41 I \ ?1 ?'n -"3? I ?? 4"il'40'41' TRACT A -J, -7 Tin, 0.455 Acres 10' FRONT DRAINAGE 9 s UWTY 17.16' 16.85' EASEMENT UNE (TYP)?' S 096.4.2• E 5? ` \\ \ ,ice ?o r - L. 23.96 LOT S Ton.11.20 1 < `J? 0.1350 w« !'? ? ! 11 I m ? ? ! I e.217r3r 1 0 N LOT4 1r8l ?' Lal ' \? •=16 J\? \ r' 0.780 Acres 'npl W ?? S3 L013 lC?ll ?I(Ir 0.37 Ares ! 91 LOT 2 0.63 Aar" ? 8!'' ry?' / LOT I GRAPHIC SCALE 0.867 Acres U J J 0 Z N 00 w to W 00 Z xo Z ma W Q0 Z o: 0 Q ? Q Y0 U0 OU J f' m Q Z L 0) Q J m0) 0 N N a. In 10 ?ir 00 S TRACT H J OB : 03-034 (1,\ 1 IM rum I OPEN SPACE II D 7/15/04 ATE: 07/15/ 1 men • 40 N. •? \ , SHEET 3 r` N 0 I a r I 0 r m / .1 0 Tv W oc / Z x4 / (9 m 0 ?0 ' ` Z 4 / z t ;--- U o 5 W ee lot u t Q Q t t ° a \Lot 57 C' apT T _ ,L01 A_ .... I O -- - I IV) - { E -CONCRETE.RiE'JAR11N0 MAl1 fri 3 -' (.' • r/ RxsHED rAa - , zz (SEE STRUCTLNt!L DMAIN04 FOR . \ _ -- - _ S7Pl0 ASPHALT I 0 W •,,,? I Lot SA LOT # \ -- - 0 .I43 Aaa / r - - ? PROPOSED IS AIDE- \ 0 O -ASPHALT-DRIVE - \ Lot 57 I J 14 \ - - /' -f / -\.. ?rr:i,y BOW?14 J l _ qtr - 26 PROPOSED 1' DEEP .. ! ; DITCH \ r . -'R' r E%IS1440 ASPHALT lit - ' LOT e 1 - w.4 `-- aeeo .1 u460- _.. / PROPOSED f _ PROPd LQT 1 CULVERT I, A780 kris- .. ?? - - - . _.? .. _. .. .. _ .. I z 1 ?1 .... ? ;; ... _-. .. - -.. ff- .. _+..r ? _ .. Lot 77 LOT 2 1. / / f Lor I_ TRACT - `•t oAa? A«4f H ?f OPEN SPACE GRAPHIC SCALE v ? JOB : 0}-034 (@R a }--• DATE: 7/15/04 IN FM f aIt. _ ' SHEET `?------ --- 4 d n CI 0 I ao d r I 0 r m S p? 9 5 9j a U / J -I 0 ID W 00 xo 0(r M0 W 00 FIRE EINT FH 002 f , / r ` Z a HroRA FN-o2 \YI 1 1 z / o Lot ee Q < > ? ?\\ col x \ Q o ? EXISTING .' DIP WATER LINE / / \\ r O E OF ASPHALT / ?, / \ '\ \ \ Q 5 \\ J U l ?rn Lot 57 i? 1 \ I I LOT 7 1.202 A"ft 0D In 0 E)IISTING S' 1 10 WATER DIP F- UME \\\\`? \ / \ j` J w Lot 5e i' Z 0 PROPOSED FIRE - \ r y \ \ HYDRANT ASSEMBLY \1 LOT 6 0.733 Act" \\\ / `` ?`+ PROPOSED WATER Lot 52 j 0 \ \ SERVICE (TYP) TIE INTO E%I / 1 7 PROPOSED a' 0.P WA" UK LANE WATER MAIN ExTEN9ON m \ 1' ? y REMOVE AND EIO /? j. ' SIIN SEWER M a?j J? \ `` ` ``fl,?y? •tlF?r-*f?v _ /\u EMSTING HYDRANT FIRE i W FH-0Y6??? N RRA tH D-3.2 8183,7 1 _ / SEWER MAN' a IB1C F. ' DIY OU 84Te.N 1 I ` ?' \ / I EXISTING SEWER tlH p-4 PROPOSED C LOT 5 MANHOLE (T P) 1 4', I NV • 48486 =7 v . e.o 7 ` 0..00 Act" + II BASIS OF ELEVA E)QSTwQ SEWER MH D-3.1 ,?? ?•" RNA . 6166.2 I I I (? I IHV . E459,1 \ 1'•^.y„? „ ?? PROPOSED SEWER SERVICE (TYP) I I ?? MARNT (TYPSEWEfl f d 0.780 A0.« Lot 53 PROPOSED 163.7 LF. r SEWER MAIN a ex Tai Ar« ' LOT 2 E9ISTMG SEWER MH D-] / M753 Ac« f ! `RRI .458.7 ' I / TRACT H N GRAPHIC SCALE ?` \ \ JOB : 03-034 DATE 7/15/04 ( UI I[LT 1 / i la1 . 40 N ??• ' - ` SHEET d r n 0 1 00 d r I 0 r rn ?I ?g 4 4 n 1- `N TRACT H / ij i i /. •c o .? P VOWING LOT i' LINE (TTP) i.. - 0 G ? /'/ L0??9 1 PROPOSED LOT LINE (T1P) GRAPHIC SCALE ?j -------------- --_ w r[it I 'tee - w n EXISTING OPEN SPACE 3.33 ACRES El PROPOSED OPEN SPACE 3.37 ACRES I j i LOT 88 1 1 ? LOT 58 I ` I `1 TRACT H LOT n 55 `L 7 ? 1• I LOT 56 A rp Eiii-14 ?y ' LOT I 0.867 Acre' ' rr/ i 1 1 11 i r? LOT 52 i j i• j LONGSUN 'LANE 50' ROW 4 U J J 0 Z X W °o Z xQ C) 0? 0 Z m W ?0 Z a a 0 0 Q Q 0 0 It a x y 0 c) _j F-00 U mm w W O W Q ao U) Z Wn N 0 I 0nLd 00 J J LOT 53 ° IE JOB : 0,3034 DATE: 7/15/06 SHEET 6 It r N 0 1 co d r I 0 n 0) TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-22 SERIES OF 2004 A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Jay K. Peterson has applied for an amendment to the Wildridge PUD to create eight (8) single-family lots on Lots 54, 55, 89 and 90, Block 4 known as the "Western Sage PUD", as more specifically described in the application dated July 19, 2004; and WHEREAS, after notices required by law, a public hearing on said application was held b the Planning & Zoning Commission of the Town of Avon; and by WHEREAS, said application complies with the PUD criteria set forth in Section 17.20.110, whit! ? include the following: a. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives has not been met as required by 17.20.110H(1). b. The overall design concept of this PUD Amendment conforms to the intent of non- developable areas with the proposed building locations, and also conforms to the general policy criteria for alteration to these areas as contained in Resolution 04-25. The movement of these areas will not significantly alter the character or be detrimental to the neighborhood. 17.20.110H(2) c. The existing development rights on Lots 54, 55, 89 and 90 are compatible with the immediate scale and character of existing properties, and the existing access conditions, and platted non-developable areas, and the proposed decrease of density to 8 single-family residences is compatible as applied for in the PUD amendment. 17.20.110H(3) d. This PUD Amendment application is responsive to the existing topography and natural features of Wildridge. 17.20.110H(4) e. This PUD Amendment application creates functional or optimized open space that is responsive to existing views and buffers to open space. 17.20.110H(8) 6c) f. This PUD will not increase the non-conformity of Longsun Lane, as the access proposed is private, and the traffic and number of dwelling units projected onto the existing cul-de-sac will not be increased over the existing PUD. 17.20.110H(l 1) NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends approval of the application for an amendment to the Wildridge PUD to rezone Lots 54, 55, 89 and 90, Block 4 from duplex and triplex zoning for an existing total of eleven (11) dwelling units to eight (8) dwelling units on eight (8) single-family lots (Lots 1,2,3,4,5,6,7 & 8), reducing three (3) development rights, as more specifically described in the application dated July 19, 2004 with the following conditions: 1. The Development Standards on the PUD Plan will be revised to include the following: a. Building Envelopes, featuring a minimum front yard setback on Lots 1-5 of 10 feet, and a minimum front yard setback on Lots 6-8 of 15 feet. Building envelopes will be specifically defined to contain all require site disturbances. b. Design Guidelines for this PUD shall be placed on the PUD plan. 2. The PUD site plan shall be revised to add the following: a. The non-developable area restriction from the Wildridge PUD plan shall be copied to the PUD plan. 3. Approval of this PUD is contingent upon concurrent approval of the +;orresponding subdivision Preliminary Plan. ADOPTED THIS 17th DAY OF August, 2004 Signed: Date: Chris Evans, Chairman Attest: Date: Terry Smi cretary FA Planning & Zoning Comm issionlResolutions0004\Res 04-22 L54,55,89,90 B4 " PUD Amendv2 Approve.doc C?\ TOWN OF AVON ORDINANCE NO. 04-15 SERIES OF 2004 AN ORDINANCE APPROVING AN AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 54, 55, 89 and 90, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Owner Jay K. Peterson, has applied for approval of a Planned Unit Development ("PUD") Amendment to the Wildridge PUD for Lots 54, 55, 89 and 90, Block 4, Wildridge Subdivision (otherwise titled the "Western Sage PUD"); and WHEREAS, the application proposes to amend the Wildridge PUD to rezone Lots 54, 55, 89 and 90, Block 4 from duplex and triplex zoning to eight (8) single-family lots (Lots 1, 2, 3, 4, 5, 6 and 7) as more specifically described in the application dated July 19, 2004; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on August 17, 2004, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Development Plan; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendation for approval on the PUD application to the Town Council of the Town of Avon through Resolution 04-22; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2004, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; and FACounci1\0rdinancesQ004\0rd 04-15 154,55,89,90 B4 WR PUD AmendWesterSage.doc ()'a_ WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the PUD Plan is consistent with the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Western Sage PUD Amendment to the Wildridge PUD to rezone Lots 54, 55, 89 and 90, Block 4 from duplex and triplex zoning to eight (8) single-family lots (Lots 1, 2, 3, 4, 5, 6 and 7) as more specifically described in the application dated July 19, 2004 is hereby approved, subject to concurrent approval of corresponding subdivision and associated technical corrections as follows: The Development Standards on the PUD Plan will be revised to include the following: a. Building Envelopes, featuring a minimum front yard setback on Lots 1-5 of 10 feet, and a minimum front yard setback on Lots 6-8 of 15 feet. Building envelopes will be specifically defined to contain all required site disturbances. b. Design Guidelines for this PUD shall be placed on the PUD plan. 2. The PUD site plan shall be revised to add the following: a. The non-developable area restriction from the Wildridge PUD plan shall be copied to the PUD plan. 3. Approval of this PUD is contingent upon concurrent approval of the corresponding subdivision Preliminary Plan. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. F:ACounci1\0rdinances\2004\0rd 04-I5 L54,55,89,90 B4 WR PUD AmendWesterSage.doc 6_?) Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of 2004. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F:ACounci1\0rdinances\2004\0rd 04-15 L.54,55,89,90 B4 WR PUD AmendWesterSage.doc s1 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: August 18, 2004 Re: Proclamation Information Summary: Attached is the information pertaining to the Proclamation for "Firefighter Appreciation Week". Carmen Moyer, District Director for the Western Slope Muscular Dystrophy Association will be at the meeting on Tuesday. August 18, 2004 Mayor Albert P. Reynolds City of Avon Avon, CO Dear Mayor Reynolds: I am writing to request your assistance in recognizing the outstanding efforts of the Eagle River fire fighters on behalf of the Muscular Dystrophy Association. The money collected in their 2003 "Fill the Boot" campaign, combined with the totals from fire departments across the state, brought in a record $772,251. To our appreciation to the fire fighters in your community, the Muscular Dystrophy Association is sponsoring Avon Fire Fighter Appreciation Week on August 30th - September 5th, 2004. I am requesting that the city of Avon proclaim this week Avon Fighter Appreciation Week. This courageous group of men and women can be recognized not only for their service to our communities but also for their dedication to area children and adults who are battling muscle disease. Enclosed you will find a sample proclamation. We would appreciate your presenting the proclamation at your August 24th council meeting. Please advise me of the time that a formal presentation can be made. Thank you in advance for your consideration of this request Sincerely, Carmen J. Moyer District Director Western Slope Muscular Dystrophy Association j VW N cg avON, euc waw ywdaffwwon WHEREAS, Fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and se/less concern for the welfare of our citizens; and WHEREAS, In addition to their daily service to communities, firefighters through the state and across the nation have joined the Muscular Dystrophy Association ("MDA') for the past fifty years in the fight against neuromuscular diseases; and WHEREAS, Colorado firefighters collected a record breaking $772,251 over 100 communities with their 2003 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding, and WHEREAS, The Muscular Dystrophy Association is extremely grateful to the Eagle River Fire Protection District (" ERFPD) fare fighters for their support and dedication; and WHEREAS, The funds collected by the ERFPD fare fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, In honor of the efforts of the Eagle River Fire Protection District fare fighters, the Muscular Dystrophy Association is sponsoring Eagle River Fire Fighter Appreciation Week; and WHEREAS, It is appropriate for all Avon And all Eagle County citizens to join the Muscular Dystrophy Association in this tribute to our fare fighters. NOW, THEREFORE, I, ALBERT D. REYNOLDS, MAYOR of the Town of Avon and County of Eagle, Colorado, by virtue of the authority vested in me, do hereby officially proclaim August 30`h -September 5`h, 2004, to be known as: "FIRE FIGHTER APPRECIA TION WEEK IN A VON FOR THE EA GLE RIVER FIRE PROTECTION DISTRICT" And commend THE fare fighters for their efforts on behalf of the Muscular Dystrophy Association IN WITNESS WHEREOF, I have hereunto set my hand and caused the offzcial seal of the City ofA von and County of Eagle to be affixed this 241h day of 'August, 2004. MA YOR MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 10, 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, Recreation Director Meryl Jacobs, and Public Works / Transit Director Bob Reed as well as members of the press and public. John Forstman, local resident and former developer of Village at Avon, presented materials on his newly proposed business Belle Fare of Vail Valley, a restaurant, grocery, and catering establishment located next to Office Depot with a proposed opening date this winter. A separate liquor store is proposed for a location next to the restaurant / cafe. Tambi Katieb introduced development company JMJ representative Tim Barton who has taken over the unfinished project at the base of Beaver Creek, now named "The Gates at Beaver Creek". Barton explained the project in detail, noting that Colorado First Construction would be the general contractor on the project. Some comments were made regarding the "deed restricted unit" requirements. Avon resident Scott Garlock, representing a number of Wildridge homeowners, addressed the Council with regard to his question about construction of "pocket parks" in upper Wildridge. Some discussion ensued about timing and funding for those parks. He noted that the group hopes to come forward with some funding for a park. Wildridge resident Scott Prince addressed the Council with regard to the lack of "dust mitigation" on several construction sites in upper east Wildridge. Staff noted that a fine schedule was in place for "dust abatement" and the area noted would be placed under review. Ordinances Town Attorney John Dunn presented on second reading, 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 changes were made as a result of their discussion at the last meeting pertaining to Sections 8.32.030 - Residential Refuse Disposal & 8.32.050 - Construction Site Refuse Disposal". Some further discussion ensued about enforcement of the legislation as raised by Councilor P. Buckley, specifically if a duplex/four-plex were in violation of the Code, which party would get the ticket. A suggestion was made to review the effectiveness of the Ordinance after one year. Mayor Reynolds opened the public hearing, and comments were made from Scott Prince and Mike Durkey. The hearing was then closed. Councilor Brown 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. Councilor Sipes seconded the motion and it passed with a five to one roll call vote (P. Buckley - nay). Community Development Director Tambi Katieb presented on second reading 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 changes were made since first reading to better communicate finding to applicants prior to holding the initial public hearing without necessarily adding more review time to the process. He also noted that the ordinance was a result of several meeting with Town Council and the building community where dialogue was held on how the process for design review, zoning and subdivision code matters could be improved. Councilor P. Buckley asked that the minutes reflect that Mike & Dave Dantas were instrumental in beginning this conversation with the Town. Mayor Reynolds opened the public hearing, no comments were made, and the hearing was closed. Councilor D. Buckley 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. Councilor Brown seconded the motion and it passed unanimously with a roll call vote. Town Engineer Norm Wood presented on second reading 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. It was clarified that the Town Manager or his designee would be the decision maker with regard to this condition. Councilor Wolfe asked that the Council and public be informed of any decisions made with regard to this matter. Mayor Reynolds opened the public hearing, no comments were made, and the hearing was closed. 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. Councilor Wolfe seconded the motion and it passed unanimously with a roll call vote. New Business Mayor Reynolds introduced the next agenda item as the appeal of a Planning & Zoning Commission Decision on July 20, 2004 to deny Sketch Plan Design Application for Lot 30, Block 2, Wildridge Subdivision, 2631 Bear Trap Road, Avon, CO. The agenda noted that is a Quasi Judicial matter before the Town Council. Mayor Reynolds proceeded to announce that he had ex parte communication with applicant Shane Bohart regarding the application. Town Attorney asked if that communication would result in any pre-judgment or bias when making his decisions. Mayor Reynolds said no. Dunn noted that mere contact of ex parte communication does not give rise to recusing oneself from hearing the appeal; Dunn did not suggest that Reynolds recuse himself. Other Council asked Mayor Reynolds if he had a financial interest or if he told the applicant he would vote one way or another. Mayor Reynolds responded "no" to both questions. Town Attorney Dunn asked if any other Council had exparte contact regarding this topic - Council members indicated no this question. Community Development Director Katieb noted that the applicant has requested that this item be tabled. Victor Mark Donaldson was introduced representing the applicant, Shane Bohart. Donaldson explained why they were requesting that it be tabled, but admitted to being ready to move forward as he is interested in a solution based discussion with Council. Town Attorney John Dunn noted that the Council would consider this app lication for the first time and that the Council is not acting on the recommendation of the P&Z but rather hearing it to make their own decision. He also informed the Council that tabling the item would be in conflict with the "noticing of the general public". Regular Council Meeting Page 2 of 4 August 10, 2004 Council could uphold the decision, deny the decision or return the application back to P&Z for further consideration. Community Development Director Katieb began with an explanation of the project, which was an application for a duplex sketch design at the property located at 2631 Bear Trap Rd. It is zoned for a duplex, however, a single family home currently exists on the property. The primary basis of the P&Z Commissions' 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. He noted that their motion for denial by the 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. A couple of questions were asked at this time. Mark Donaldson then addressed the Council regarding the application noting that the definition of the terms "integrated & unified" were up for interpretation. He asked for a solutions-based discussion with Council. He talked about the uniqueness of the site. After further explanation about the project, he asked Council to reconsider the P&Z decision to deny the application. Council comments & questions were made. Some commented that the connection looked like a "breezeway" and asked about the dimensions of the connector area. Some discussion ensued regarding whether or not this should have been an application for another single family dwelling unit, if that would require another PUD and how many lots were remaining that were zoned duplex, four-plex, etc. Mayor Reynolds expressed an interest in conducting a site visit to the property. Some discussion ensued about the definition of "duplex" and the possibility of clarifying this definition. In summary, the majority of Council expressed their support of the decision made by Planning & Zoning in interpreting the Design Review Guidelines. The applicant once again asked for input on how to resolve the connector issue. Mayor Reynolds informed the applicant that the role of the Council was to evaluate the application based on the information presented and then formulate its decision. Councilor Wolfe moved to deny the appeal of the Planning & Zoning Commission decision relative to this project (made on July 20, 2004 to deny Sketch Plan Design Application for Lot 30, Block 2, Wildridge Subdivision, 2631 Bear Trap Road, Avon, CO) for the reasons that the design as submitted to staff & P&Z and stated in the report, that it does not meet the definition for duplex development structure. Councilor P. Buckley seconded the motion and it carried unanimously with a roll call vote. Town Manager Report Town Manager Larry Brooks commented on some adjustments that will be made on movie night with the audio due to some complaints about noise levels. He noted that he & the Mayor would be meeting with Tony O'Rourke later in the week. He provided an update on the 1-70 Coalition Group. Other Business Mayor Report Regular Council Meeting Page 3 of 4 August 10, 2004 Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Councilor Sipes moved to adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed unanimously. a. Approval of the July 27, 2004 Regular Council Meeting Minutes There being no further business to come before the Council, the meeting adjourned at 7:30 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 August 10, 2004 Page 4 of 4 MEMO To: Mayor and Council Members Thru: Larry Brooks, Town Manager Jacquie Halburnt, Asst. Town Manager From: Patty McKenny, Town Clerk Date: August 19, 2004 Re: Intergovernmental Agreement between Town of Avon & Eagle County for November 2, 2004 Coordinated Election Summary: The November 2, 2004 general election will be administered as a coordinated by the Eagle County Clerk (Teak Simonton). The attached Intergovernmental Agreement is presented by Eagle County in regards to the administration and conduct of the November 2, 2004 coordinated election. This agreement must be submitted to the County at least 60 days before the election, as required by § 1-7-116(2). Background: The Town of Avon has participated in this type of coordinated election for its municipal election in the past. Discussion: The Agreement addresses the role of the Election Officials, how costs are incurred, the Preparation & Verification of Petitions, Ballot Certification, Preparation of Voter Lists, and various other election topics. John Dunn has reviewed the agreement as well. Financial Implications: There are financial implications in administrating the election that have been budgeted in the 2004 budget ($5,500). Recommendation: Staff recommends approval of the Coordinated Election Intergovernmental Agreement. Town Manager C mments: l oy a3e - az Coordinated Election Intergovernmental Agreement This Agreement is made and entered into this day of 2004, by and between Eagle County and Town of Avon (hereinafter referred to as "Political Subdivision"), concerning the administration and the conduct of the November 2, 2004 Coordinated Polling Place Election. In consideration of the benefits and promises contained herein, and subject to the terms and conditions as are hereinafter set forth, the parties agree as follows: Coordinated and Designated Election Officials Except as otherwise provided in this Section, the County Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code, which require action by the Coordinated Election Official. The Political Subdivision shall name a "Designated Election Official" who shall act as the primary liaison between the Political Subdivision and the County Clerk and who will have responsibility for the conduct of the election procedures to be handled by the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. Jurisdictional Limitation This agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. Costs The County Clerk shall keep a careful and accurate accounting of all chargeable items to the Political Subdivision and shall submit to the Political Subdivision, a statement of charges (for costs incurred by the County and not billed directly to the Political Subdivision by an outside vendor) within thirty work days following the date of the Election. Costs shall include but are not limited to: election judges and other associated personnel, ballots and related election forms, printing, election supplies, legal notices paid for by the County, postage, rental charges, software updates, related computer hardware and technical support. The County Clerk shall charge each Political Subdivision taking part in the Coordinated Election on a prorated basis based primarily on the number of ballot issues and/or items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred, the political Subdivision promulgating such costs will be charged accordingly. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. Call and Notice The Political Subdivision shall publish all legal notices relative to the Political Subdivision's election. The County Clerk will publish one notice required by 1-5-205 of the Uniform Election Code in the Eagle Valley Enterprise and the Valley Journal. Petitions: Preparation and Verification The petition process for the Political Subdivision shall be entirely the responsibility of the Political Subdivision, and shall be done in compliance with applicable Colorado statutes, ordinances or charter provisions. This process includes, but is not limited to, approving the candidate or initiative petitions to be circulated within the Political Subdivision, receiving the petitions, and verifying the signatures on the petitions. Ballot Certification The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 55 days before the Election (September 08, 2004)in final written form and on an IBM DOS formatted 3 1/2 inch Double Density or High Density floppy disk. Appendix A further specifies all format requirements. Disks not meeting these requirements will be subject to additional fees. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, the order of the names to appear for each office and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper and lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has responsibility to proofread and approve the layout and text of the official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. Preparation of Voter Lists All lists shall be provided to the Political Subdivision when specifically requested by the Political Subdivision in writing and in accordance with 1-5-304 of the Uniform Election Code. Tabor Notice Each Political Subdivision shall determine the order of the ballot issues for their Political Subdivision in accordance with the requirements of Article X, Section 20 of the Colorado Constitution. Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution. The Designated Election official shall transmit the summaries and any other required material to the Coordinated Election Official no later than 42 days before the Election (September 17, 2004)in final written form and on an IBM DOS formatted 3 1/2 inch Double Density or High Density floppy disk. Appendix A further specifies all format requirements. Disks not meeting these requirements will be subject to additional fees and may be rejected by the County Clerk in the event they cannot be reformatted. The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3) (b) in the most cost effective manner feasible to all Eagle County residents. The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors residing outside of Eagle County prior to the deadline for mailing said notice. The County Clerk shall charge each Political Subdivision for costs relating to the Tabor Notice on a prorated basis based on the number of ballot issues and/or items to be included in said notice for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. Property Owner Lists The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 CRS from the Assessor. The cost of the list is provided by statue and shall be paid directly to the Assessor by the Political Subdivision. The Political Subdivision's staff shall be solely responsible for any work required on the Assessor's list and may contact the County Clerk if access to voter registration records is required. Not later than October 1, the Political Subdivision will submit to the County Clerk a complete list of property owners within their boundaries who are eligible to vote. Street Locator List Appendix C to this Agreement is a copy of the Street Locator List for the Political Subdivision. It is the responsibility of the Political Subdivision to review the list and correct any errors. An Affidavit of Completion must accompany the returned list, be signed by the Designated Election Official for the Political Subdivision and returned with the signed Intergovernmental Agreement by September 3, 2004 at 4:00 p.m. Appointment and Training of Election Judges All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are needed, the Political Subdivision will be required to provide one individual to serve in that capacity. Testing and Tabulation Processes relating to the responsibility of the County Clerk. provided to the Political Subdivision ballots. tabulation of ballots shall be the An unofficial abstract of votes will be n upon completion of the counting of all Canvass of votes The Canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass will be completed no later than eight days after the Election and official results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. Indemnification The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees, from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. Cancellation In the event the Election is canceled by the Political Subdivision after the signing of this Agreement and on or before the day of the Election, the Political Subdivision shall be responsible for all expenses incurred on behalf of the Political Subdivision to the date that notice was received by the County Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. Time is of the Essence The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective the day of 2004. Designated Election Official for Town of Avon a?. IWITW . Tom C. Stone C airman Attest - Teak J. Simonton County Clerk & Recorder cap` r°? toae?? Appendix A Coordinated Election Intergovernmental Agreement DISKS Disks must be formatted with IBM DOS 3.0 or higher. All disks submitted must be 3 1/2 inch Double Density or High Density. SOFTWARE Word 2.0, 3.x, 5.x, 6.x MS-DOS Text (ASCII file) FONTS All fonts must be 10 pt. Only the following fonts will be accepted: Arial Century Gothic Universe Courier MARGINS Set margins so that text appears in an area measuring 5" x 8". Sides @ 1.75, top and bottom @ 1 5) . SPACING All text must have single line spacing. TEXT For TABOR Notice, all ballot issue text must be in CAPITAL LETTERS. Pro/Con statements themselves may appear in upper and lower case. TABLES/COLUMNS Do not use tables or columns in setting up files. These are difficult to reformat and often require type size adjustments. USE TABS to put information in rows and/or columns. PRINT OUT A hard copy must be submitted with the disk and the file name clearly noted on first page. LABELING The disk must be labeled as follows: (example) Political Subdivision Name Contact Name & Phone Number Word-processing Software and Version File Name(s) Appendix B ELECTION CALENDAR FOR NOVEMBER 2, 2004 Polling Place Election July 25, 2004 Last day to notify County Clerk for coordinated election -1-7-116(5) September 3, 2004 Intergovernmental Agreement due in County Clerk's office - CRS 1-7-116 September 08, 2004 Certify ballot content to County Clerk CRS 1-5-203(1) September 17, 2004 Transmittal of Tabor Notice Summary to County Clerk - CRS 1-7-904 September 17, 2004 Last day for the designated election official to order registration and property owner records for use by election judges October 1, 2004 The county clerk shall certify and make available lists ordered by the designated election official, of the registered electors of each general election precinct that is located within the county and is involved in the election October 1, 2004 The county assessor shall deliver a list of all recorded owners of taxable property within the political subdivision October 1, 2004 Deadline for mailing Tabor Notice Article X, Section 20(3)(b) October 4, 2004 Last day to register to vote for the General Election - CRS 1-2-201 October 13, 2004 The county clerk shall make available a supplemental list of the electors who have become eligible to vote since the earlier list was certified and county assessor shall make available the supplemental list or all recorded owners of real property who have become owners since the first list was certified. October 22, 2004 The coordinated election official shall provide notice by publication of the election in the Eagle Valley Enterprise and the Valley Journal October 18, 2004 Early Voting begins in Eagle and El Jebel November 2, 2004 Election Day - Polls open 7:00 AM to 7:00 PM November 17, 2004 Complete Canvass of Ballots - CRS 1-10-102 Statement of Certification - Street Locator List Town of Avon I, , as Designated Election Official for Town of Avon, do hereby certify that the list provided to the District has been reviewed, corrections made, and to the best of my knowledge I believe it is a true and complete list of the addresses located within the District. Designated Election Official for Date Town of Avon Date:07/29/04 PUBLIC DISTRIBUTION Range O/E From To Ind Dir Street Name EAGLE COUNTY Street List / Street Name Order 07-AVO CITY OF AVON Type Dir City Page: 1 (mpstdst1 v03O528) Zip Pct. 182 182 B AVON RD AVON 81620 2085619015-02 2605 2690 B BEARTRAP RD AVON 81620 2085619019-01 137 137 B BENCHMARK RD AVON 81620 2085619015-02 320 350 B BENCHMARK RD AVON 81620 2085619015-02 352 680 B BENCHMARK RD AVON 81620 2085619015-02 57 147 B BLUEFLAX AVON 81620 2085619015-02 110 130 B BUCK CREEK RD AVON 81620 2085619015-02 47 142 B E BVR CRK BLVD AVON 81620 2085619015-02 9 815 B W BVR CRK BLVD AVON 81620 2085619015-02 816 816 B W BVR CRK BLVD AVON 81620 2085619015-02 817 900 B W BVR CRK BLVD AVON 81620 2085619015-02 901 901 B W BVR CRK BLVD AVON 81620 2085619015-02 902 972 B W BVR CRK BLVD AVON 81620 2085619015-02 973 1062 B W BVR CRK BLVD AVON 81620 2085619018-12 760 760 B BVR CRK BLVD AVON 81620 2085619015-02 1 2001 900 B 2080 B BVR CRK PL AVON 81620 2085619015-02 240 240 B BVR CRK CHAPEL PT AVON 81620 2085619019-01 966 966 B CHIMING BELLS PL AVON 81620 2085619015-02 5501 5591 B COYOTE RIDGE AVON 81620 2085619015-02 2403 2492 B DRAW SPUR RD AVON 81620 2085619019-01 2000 2999 B EAGLEBEND AVON 81620 2085619019-01 3000 5415 B EAGLEBEND DR AVON 81620 2085619015-01 5300 5391 B FERRET DR AVON 81620 2085619015-04 4500 4590 B FLAT POINT LN AVON 81620 2085619019-01 2323 2394 B FOX AVON 81620 2085619019-01 76 162 B GOLDEN ROD LN AVON 81620 2085619019-01 18 145 B GROUND PLUM AVON 81620 2085619015-02 15 1900 B HURD AVON 81620 2085619015-02 1910 1990 B HURD LN AVON 81620 2085619015-02 37000 37643 B HWY 6 LN AVON 81620 2085619015-02 38390 38595 B HWY 6 AVON 81620 2085619029-22 44 48 B JASMINE AVON 81620 2085619018-05 2900 2967 B W JUNE CREEK TRL AVON 81620 2085619015-02 4313 4391 B JUNE POINT AVON 81620 2085619019-01 2820 2825 B KED SPUR AVON 81620 2085619019-01 4142 4192 B LITTLE POINT LN AVON 81620 2085619019-01 2100 2200 B LONG SPUR AVON 81620 2085619019-01 5100 5196 B LONGSUN RD AVON 81620 2085619019-01 77 511 E METCALF LN AVON 81620 2085619019-01 491 511 O METCALF RD AVON 81620 2085619015-01 75 217 B MOUNTAIN SAGE RD AVON 81620 2085619019-01 218 285 B MOUNTAIN SAGE AVON 81620 2085619015-02 4611 4691 B NORTH POINT AVON 81620 2085619015-02 101 449 B NOTTINGHAM AVON 81620 2085619019-01 480 529 B NOTTINGHAM RD AVON 81620 2085619015-02 540 809 B NOTTINGHAM RD AVON 81620 2085619015-02 810 950 B NOTTINGHAM RD AVON 81620 2085619015-02 86 86 B NOTTINGHAM RANCH RD RD AVON 81620 2085619019-01 AVON 81620 2085619015-01 "' - Restrictions exist for this streetrange . Date:07/29/04 EAGLE COUNTY PUBLIC DISTRI BUTION Street List / Street Name Order 07-AVO CITY OF AVON Range O/E From To Ind Dir Street Name Type Di r City 160 160 B NOTTINGHAM RANCH RD AVON 2100 2800 B OLD TRAIL RD AVON 2810 2900 B ONEAL SPUR AVON 465 2000 B PAINTBRUSH AVON 18 108 B PRIMROSE AVON 69 104 B RABBIT BRUSH AVON 18 56 B ROSE CROWN AVON 2101 2490 B SADDLE RIDGE LOOP AVON 2800 2807 B SHEPHERD RIDGE RD AVON 34 416 B SHOOTING STAR AVON 10 10 B STONEBRIDGE DR AVON 1 200 B SUN RD AVON 500 799 B SWIFT GULCH RD AVON 800 1240 B SWIFT GULCH RD AVON 48 275 B WILD ROSE AVON 2000 5800 B WILDRIDGE RD E AVON 4000 4800 B WILDRIDGE RD W AVON 1000 2005 B W WILDWOOD RD AVON 293 295 B WOOD RUSH AVON 47 111 B WOOD VIOLET AVON 100 500 B YODER AVE AVON Page: 2 (mpstdstl v03O528) Zip Pct. 81620 2085619015-01 81620 2085619019-01 81620 2085619019-01 81620 2085619015-02 81620 2085619015-02 81620 2085619015-02 81620 2085619015-02 81620 2085619019-01 81620 2085619019-01 81620 2085619015-02 81620 2085619015-04 81620 2085619015-02 81620 2085619015-02 81620 2085619015-06 81620 2085619015-02 81620 2085619019-01 81620 2085619019-01 81620 2085619015-02 81620 2085619015-02 81620 2085619015-02 81620 2085619015-06 '# - Restrictions exist for this streetrange Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director??? Date: August 18, 2004 Re: Certification of Delinquent Wildridge Special Assessments Summary: Staff has completed their review of the WRSA. The attached resolution provides the detail of the accounts that are past due for 2004. Town Manager Comments: Page 1 TOWN OF AVON, COLORADO RESOLUTION NO. 04-32 SERIES OF 2004 A RESOLUTION CERTIFYING DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR COLLECTION BY EAGLE COUNTY TREASURER WHEREAS, the Town Council of the Town of Avon, Colorado has created Local Improvement District No. 1990-1 (Wildridge Special Improvement District) for the purpose of making certain local improvements; and WHEREAS, Ordinance No. 90-14 assessed the cost of said improvements to and upon lots or tracts of land within the District; and WHEREAS, failure to pay when due any installment of principal and interest shall cause the whole of the unpaid principal and accrued interest to become due and collectable immediately; and WHEREAS, assessments of principal and interest due and payable March 1, 2004, have not been paid for certain properties in the District. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado that the following properties are hereby declared to be in default for failure to pay assessments due March 1, 2004, and are hereby certified to the County Treasurer for collection. ASSESSMENT UNIT I Lot 11, Block 1 BMBC Schedule #14712 $636.30 ASSESSMENT UNIT II Lot 24, Block 1 Wildridge Schedule #22947 463.48 Lot 17D, Block 1 Wildridge Schedule #39518 231.76 ASSESSMENT UNIT III Lot 28, Block 4 Wildridge Schedule #23231 530.03 TOTAL AMOUNT DUE $1,861.57 INTRODUCED, READ AND ADOPTED THIS 24TH DAY OF AUGUST, 2004 TOWN OF AVON, COLORADO ATTEST: Albert D. Reynolds, Mayor Patty McKenny, Town Clerk Vo Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: August 18, 2004 Re: Resolution 04-33, Supplement to Lease Purchase Agreement Summary: This resolution adopts a Supplement to the 2003 Master Lease-Purchase Agreement with Wells Fargo Brokerage Services, LLC. Previous Council Action: Council previously approved through Ordinance the 2003 Master Lease-Purchase Agreement. Discussion: This supplement finances the purchase of a 2004 Chevrolet pickup truck for roads and streets, a John Deere mower for parks, and Toughbook computers for the Police department. These items and the lease financing were approved in the 2004 budget. Financial Implications: The amount of the supplement is $77,191.21 to be amortized over a period of 3 years at an interest rate of 2.9%. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 04-33 B - 2003 Governmental Lease-Purchase Agreement and Supplement Page 1 I TOWN OF AVON, COLORADO RESOLUTION NO. 04-33 SERIES OF 2004 A RESOLUTION AUTHORIZING THE USE OF A PREVIOUSLY APPROVED GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT DATED MARCH 28, 2003 AND APPROVING A SUPPLEMENT THERETO AND RELATED DOCUMENTS AND CERTIFICATES WHEREAS, the Town of Avon has entered into a governmental lease-purchase master agreement dated March 28, 2003 for the purchase of certain municipal equipment; and WHEREAS, the Town, in it's 2004 budget has appropriated funds for the purchase of municipal equipment; and WHEREAS, the Town desires to use capital lease financing for the purchase of certain items of equipment. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Supplement attached to the previously approved Governmental Lease- Purchase Master Agreement (the "Agreement" or the "Master Lease") with Norwest Investment Services, Inc. dated March 28, 2003 is hereby approved substantially in the form presented to this Council and on file in the office of the Town Clerk. Section 2. The Finance Director of the Town of Avon is hereby authorized to execute this Supplement thereto on behalf of the Town, and to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Agreement and said Supplement. The Agreement, the Supplement and the related documents may contain such necessary and appropriate variations, omissions and insertions as the Finance Director shall determine to be necessary, and the execution thereof by the Finance Director shall be conclusive evidence of such determination and its approval by the Council. Section 3. Lessee does not reasonably anticipate that it will issue tax-exempt obligations (not including "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million during the calendar year in which the Lease commences. The Lease is designated as a qualified tax-exempt obligation for the purposes of Section 265(b)(c) of the Internal Revenue Code of 1986, as amended, relating to deductibility of interest by financial institutions. t ADOPTED this 24t" day of August, 2004. ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor Resolution No. 04-33 Master Gov Lease Purchase Ag Page 2 of 2 Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE Public Finance Division 1740 Broadway, MAC C7300-011 Denver, CO 80274 Name and address of Lessee: Town of Avon P. O. Box 975 Avon, Colorado 81620 Supplement # 0900-008 This is a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor and Lessee (the "Master Lease") and Supplement dated August 26, 2004. Upon the execution and delivery by Lessor and Lessee of this Supplement, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the Property described below upon the terms and conditions of this Supplement and the Master Lease PROPERTY DESCRIPTION yuantit Serial Number 1 1 GCHK242X4E300822 2004 Chevrolet Pickup Truck I John Deer Mower 5 Toughbook 29 Computers Location of Property different from Lessee's address) SCHEDULE OF RENT PAYMENTS Basic Rental Number Of Advance Payments Payments Payments Rent commencement date: August 26, 2004 $27,237.34 3 -0- Term in months from rent commencement Interest Rate First Payment Final Purchase 36 months Due Option Price Rental payment period (check one) 2.90% August 26, 20051 $1.00 ® Annual Additional Provisions: JNANCE AMOUNT: $77,192.21 AL RENT: $81,712.02 LESSOR:Wells Fargo Brokerage Services, LLC LESSEE: Town of Avon, Colorado By By Its Assistant Vice President Its Date August 26, 2004 Date August 26, 2004 Vehicles Costs Funded Payment Rate $77,192.21 2.900% Closing Fees $0.00 Town of Avon Exhibit A 3 Payments Level Payment Lease Factor Average Life 1 per year $27,237.34 .35285 2.02 years 24.2 months Commencement: Aug 26, 2004 Closing Date: Aue 26, 2004 Total Payment Interest Principal After Payment Principal After Payment Termination Payment Due Pmt Due Payment Due Payment Due Balance Value Date $0,00 $0.00 $77,192.21 Aug 26, 2004 1 $27,237.34 $2,238.57 $24,998.76 $52,193.45 $52,193.45 Aug 26, 2005 2 $27,237.34 $1,513.61 $25,723.73 $26,469.72 $26,469.72 Aug 26, 2006 3 $27,237.34 $767.62 $26,469.72 $0.00 $1.00 Au 26, 2007 FINAL PURCHASE OPTION PRICE: $1.00 By: Its: Dated as of I Avon 7-04.xis 8/12/2004 11:59 AM by Wells Fargo Brokerage Services COPY 0goo-cos' GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT Name and Address of Lessee: Town of Avon 400 Benchmark Road Avon, Colorado 81620 Lessor: Wells Fargo Brokerage Services, LLC Public Finance Department 1740 Broadway, MAC C7300-011 Denver, Colorado 80274 1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the personal property, described in a Supplement or Supplements to this Master Lease from time to time signed by Lessor and Lessee upon the terms and conditions set forth in the related Supplement (such property together with all replacements, repairs and additions incorporated therein or affixed thereto being referred to herein as "Equipment" ). The lease of the items described in a particular Supplement shall be considered a separate lease pursuant to the terms of the Master Lease and the Supplement the same as if a single lease agreement containing such terms had been executed covering such items. The execution by Lessee of each Supplement shall evidence a det '1' moon by the Lessee that the Equipment covered thereby is essential to its proper, efficient and economic operation and desires to ewer into that Supplement for the acquisition of that Equipment under the terms hereof, that the Equipment is necessary for the governmental functions of Lessee, and that Lessor is neither the manufacturer nor a dealer or merchant of said Equipment, but has agreed to provide the funding for and on behalf of Lessee for the acquisition of said Equipment under the terms hereof at the specific request of Lessee. 2. DELIVERY AND ACCEPTANCE. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (herein so called) in the form to be provided by Lessor. 3. TERM. The term of this Lease with respect to each item of Equipment shall begin on the date it is accepted by Lessee and shall continue from the rent commencement date shown in the related Supplement unless earlier terminated as provided herein The rent commencement date is the Acceptance Date as recorded on the Acceptance Certificate. 4. RENT. Lessee shall pay as basic rent for the full term of this Lease the amount shown in the related Supplement as Total heft, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the related Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in the related Supplement plus any applicable sales and use tax thereon. Lessee shall pay rent in installments as shown in the Related Supplement. Except as specifically provided in Section 5 hereof, the rental payments will be absolute and unconditional in all events and will not be subject to any set-A defense, counter claim or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that it will do all things lawfully within its power to obtain, maintain and property request and pursue funds from which the rent payments may be made. The chief executive officer of the unit shall request the required appropriation from the governing board and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved 5. NON-APPROPRIATION OF FUNDS. If Lessee periodically requests from its legislative body or funding authority finds to be paid to Lessor under this Lease and, notwithstanding the making in good faith of such request in accordance with appropriate r procedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not approve funds to be paid to Lessor for the Equipment, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such authorized for the then current appropriation period, whichever is labor, noun the notice or upon the exhaustion the wand thereupon be released of. its obligation to make all rental payments to Lessor due Equipment to Lessor at Lessee's s expense ? insured to any location in the l United thereafter, provided: (i) the Equipment is returned to Lessor freight prepaid an States designated by Lessor in the same condition as when first delivered to Lessee, reasonable wear and tear resulung solely firm authorized use thereof excepted, (ii) the foregoing notice states the failure of the legislative body or funding authority to appropriate the necessary funds as reason for cancellation, and (iii) the notice is accompanied by Payment of all amounts then due to Lessor under this Lease. In the event Lessee returns the Equipment pursuant to the terms of this Section 5, Lessor shall retain all sums paid hereunder by Lessee, including any security deposit paid hereunder. To the extent permitted by law, if the provisions of this Section lar 5 are utilized by Lessee, Lessee agrees not to purchase, lease or rem equipment performing functions sum to those performed through the use of the Equipment, or to obtain from any source the services or information which the Equipment was to pedorm or provide, for the balance of the appropriation period following Lessee's exercise of its termination right hereunder- This Section 5 will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate fins directly or indirectly to perform essentially the same application for which the equipment is intended. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee represents and warrants and, so long as this Lease is in effect or any part of Lessee's obligations to Lessor remain unfulfilled, shall continue to warrant at all times, that: (a) Lessee is a State, a Territory or a possession of the United States, the District of Columbia, or a political subdivision of any of the foregoing within the meaning of Section 103(x) of the Internal Revenue Code of 1986, as amended, and Treasury an existing under the Constitution and laws Regulations and Rulings related thereto. If Lessee is incorporated, it is duly °?? to reserve and keep such o and of its jurisdiction of incorporation and will do or cause to be done all things nessary preserve existence in full force and effect. (b) Lessee has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto) to exemite and deliver this Lease and each Supplement an to carry out its obligations hereunder. All requirements have been met, and procedures have occurred in order to insure the enforceability of this Lease, and (c) Lessee has complied with such public bidding if any, as may be applicable to the transactions contemplated by this Lease. Equipment will be used by Lessee only for the purpose of performing one or more governmental or Proprietary (d) The fimctions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or bmsiness of any person or entity other than Lessee. (e) Lessee has funds available to pay rem until the end of its current appropriation period, and it will request funds to make payments in each appropriation period, from now until the end of the term of this Lease. (f) This Lease constitutes a valid, legal and binding obligation of Lessee enforceable against Lessee in accordance with the respective terms hereof. (g) This Lease is not an arbitrage bon for purposes of Section 148 of the internal Revenue Code of 1986, as amended, and are entitled to treat the interest portion of the payments to be made hereunder as exempt from federal income Lessor and its assigns taxes under Section 103 (a) of the Internal Revenue Code of 1986, as amended. (h) Lessee shall maintain records relating to the Lessor and its assigns sufficient to fly with the registration requirements of Section 149(a) of the Internal Revenue Code of 1986, as amended. (1) Lessee does not reasonably anticipate that it will issue tax exempt obligations (not including "pry activity bons' as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million bring ear in which this Lease term commences, and this Lease is designated as a qualified tax exempt obligation for purposes the calendar y of Section 265 (b) (3) of the Internal Revenue Code of 1986 relating to deductibility of interest by finance institutions. V 2 0) This Lease is not and shall not become a "private activity bond" within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended. (k) Lessee shall comply with all provisions of the Internal Revenue Code of 1986 which are necessary to preserve the tax exempt status of the interest component of the payments made and to be made under this Lease, including, without limitation, the investment and rebate provisions of Section 148, the prohibition against federal guaranties under Section 149 (b) and the information reporting requirements of Section 149 (e). 7. WARRAN'T'IES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by Lessor. LESSOR MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESSED OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make rental and other payments required hereunder without regard to the condition of the Equipment and to look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any recourse to Lessor, any warranty received by Lessor. 8. I=. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in the Lessee; provided, however, that (i) upon the occurrence of an Event of Default, as that term is defined in Section 20 hereof, or (ii) in the event that the purchase option, if any, has not been exercised prior to the expiration date thereof, title will immediately vest in Lessor or its assignee. For as long as title to the Equipment vests in Lessee , Lessee at its expense shall protect and defend the title and keep it flee of all claims and liens other than the rights of Lessee hereunder and claims and liens created by or arising through Lessor. The Equipment shall remain personal property regardless of its attachment to realty, and Lessee agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. 9. SECURITY AGREEMENT; FURTBER ASSURANCES. To secure the performance of all Lessee's obligations hereunder, Lessee hereby grants to Lessor a security interest constituting a first lien on the Equipment and on all additions, attachments, repairs, replacements and modifications thereto or therefor, including all after-acquired Equipment of Lessee, and on any proceeds therefrom. Lessee agrees to execute or deliver such additional documents, including, without limitation, financing its, opinions of counsel, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment or for the confirmation or perfection of this Lease and Lessoes rights hereunder. Lessor is hereby authorized to file financing statements signed only by Lessor in accordance with the Uniform Commercial Code or signed by Lessor as Lessee's attorney in fact. 10. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or herder imposed by any governmental body or agency upon the Equipment or its use or the rentals hereunder excluding, however, any taus on or measured by Lessor's net income. Upon request by Lessor, Lessee shall prepare and file all tax returns relating to taxes for which I.essoe is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing jurisdiction. 11. INDEMNITY. Lessee hereby indemnifies and agrees to save Lessor harmless from any and all liability and expense arising out of the ordering, ownership, use, condition or operation of each item of Equipment during the term of this Lease, including liability for death or injury to persons, damage to property, strict liability under the laws or judicial decisions of any state or the United States, and legal expenses in defending any claim brought to enforce any such liability or expense, but excluding any liability for which Lessee is not responsible under Section 10. 12. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise cricurnber or permit a lien arising through Lessee to exist on or against any interest in this Lease or the Equipment or remove the Equipment from its location referred to above. Lessor may assign its interest in this Lease and sell or grant a security interest in all or any part of the equipment without Lessee's consent Lessee agrees not to assert against any assignee of Lessor any claim or defense Lessee may have against Lessor. 13. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business hours. 14 went with due care and for the purpose for which it is intended- Lessee will maintain the . REPAIR!-S- Lessee will use the Equip and services required therefore, all at its expense. Equipment in good repair, condition and working order and will furnish all parts all purposes bout ?• shall immediately become the property of Lessor and part of the Equipment {? All such parts when furnish shall become lost, stolen, destroyed, damaged beyond ri patr or 15. LOSS OR DAMAGE. In the event any item of Equipment any item of Equipment, Lessee shall rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of with respect to such item due but promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder unpaid •at the date of such payment plus (b) the amount stated in the Supplement or an exhibit thereto as the Termination Bala= lus c an amount equal to the applicable final purchase option price ss t forth in the ule?mmt or any transfer to included in Exhibit "A", p () to Lessor, such item shall become the property of Lessep,- such item shall exhibit thereto. Upon payment of such amount title and interest therein, the rent with respect Lessee, without recourse or warranty, all of Lessor's right, Lessee shall pay any sales and use the basic rental payments on the remaining items shall be reduced accordin&- to Lessee's obligation under' this terminate, and insurance or condemnation proceeds received shall be c?redi ted taxes due on such transfer'. Any paragraph and Lessee shall be entitled to any surplus- obtain and maintain on or with respect to the Equipment at its own aq=se (a) liability insurance 16. INSURANCE. Lessee shall damage with a minimum limit of 5500,000 combined single limit and (b) physical against liability for bodily mN4' and property oss ore damage tothe Equipment in an amount not less than the Lessee shall ft valuesh Leof the ssor damage insurance insuring agate lement or an exhibit thereto as the Termination Balance. Equipment with certi or the amount stated in the Stipp of a policy or policies to Lessee in at least the minimum amounts required with cerficate of insurance evidencing the issuance and as loss payee for the property damage herein, naming Lessor as an additional insured thereunder for the liability age to Lessor, and shall contain a chaise policy be in such form and with such insurers as may be satisfactory coverage. Each such rior written nice of any alteration in the terms of such policy or the requiring the insurer and a give to clause Lessor at specifying least that 10 no days action p or misrepresentation by Lessee shall invalidate such policy. Lessor shall such policy s>m11 net cancellation thereof an such policy to advise Lessee in Lessee event will any fi losunchh Lessor with a be under no duty to ascertain the existence of or to examine any permitted to self-insure, comply with the requirement thereof In the event that Lessee has been p? letter or certificate to such effect- 17. RETURN OF THE EQUIPMENT- Upon the expiration or earlier termination of this Lease, unless all payments are made as the Lessee will immediately deliver the Equipment to Lessor in the carne condition as when delivered Lessee descried in the Supplement, ration within the continental United states as Lessor shall designate. to Lessee, ordinary wear and tear excepted, at resuch lating to such delivery- shall pay all transportation and other expenses execute and deliver to Lessor such further documents and take such further 18. ADDITIONAL ACTION. Lessee will promptly of this Lease, including the execution and with the Uniform Commercial action as Lessor may request in order to more effectively cam' out the intent and purpose delivery of appropriate la cing statements to fuhly?ect time to Lessor's time on interest request, a hereunder copy of Leer's latest annual balance sheet and furnish, Code or other applicable law- Lessee will income statement 19. LATE CHARGES. If any days thereafter, Lessor ?' impooe a late charge of up to 5% of the amount of install the installment of basic installment but in any event not more than permi rent is not paid when due or within 5 5 st applicable law. Payments ftmdlcr received shall be applied first to delinquent installments and then to current installs- the following " hereunder: (a) Lessee shall fail to pay when due observed or performed by Lesser events shall constitute an "Event of 1 agreement to 20. DEFAULT. Each , (b) Lessee shall fail to observe or perform any other Lessor to I essx; (c) any ' any un er l and the he basic rent; continuance thereof for 10 calendar days following written notice thereof by false or rni any n8 in any hereunder be material respect; or (d) Lessee to Lessor by or on behalf of Lessee proves to have been an, or or representation statement made voluntarily it involuntarily, a petition for liquidation, roLessee shall ll vohmtaty file, or have filed against adjustment of debt, Code or any other present or futurefederal or state or similar relief under the federal or state Bankruptcy appointed of it or all other a Pmt of its assets bankruptcy or insolvency' law, or a trustee, receiver, or liquidator shall be and not es suffered by reason of an Event of Default are uncClitaln 21. REMEDIES. Lessor and Lessee agree that Lessor's damages of this Lease is executed because the value of theEqurp?? the expiration cant a f the capable of exact mint at the time this Lease of this Section 21 'Lessor's Loss date shall be the uncertain, and therefore they agree that for purposes following: (1) the amount of all rent and other amounts payable by Lessee hereunder due but unpaid as of such date, plus (2) the amount stated in the Supplement or an exhibit thereto as the Termination Balance, plus (3) an amount equal to the applicable purchase price set forth in the Supplement Upon the occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the remedies listed below as Lessor in its sole discretion may lawfully elect; provided, however, that upon the occurrence of an Event of Defauh specified in Section 20 (d), an amount equal to Lessor's Loss as of the date of such occurrence shall automatically be and become immediately due and payable without notice or demand of any kind A. Lessor may, by written notice to Lessee, terminate this Lease and declare an amount equal to Lessor's Loss as of the date of such notice to be immediately due and payable, and the same shall thereupon be and become immediately due and payable without fiuther notice or demand, and all rights of lessee to use the Equipment shall tote but Lessee shall be and remain liable as provided in this Section 21. Lessee shall at its expense promptly deliver the Equipment to Lessor at a location or locations within the dal United States designated by Lessor. Lessor may also enter upon the premises where the Equipment is located and take immediate possession of and remove the same with or without instituting legal proceedings. B. Lessor may proceed by appropriate court action to enforce performance by Lessee of the applicable covenants of this Lease or to recover, for breach of this Lease, Lessor's Lass as of the date Lessor's Loss is declared due and payable hereunder, provided, however, that upon recovery of Lessor's Loss from Lessee in any such action without having to repossess and dispose of the Equipment, Lessor shall transfer the Equipment to Lessee at its then location upon payment of any additional amount due under clause (C, D, E) below. C. In the event Lessor repossesses the Equipment, Lessor shall either retain the Equipment in full satisfaction of Lessee's obligation hereunder or sell or lease each item of Equipment in such a manner and upon such terms as Lessor may in its sale discretion determine. The proceeds of such sale or lease shall be applied to reimburse Lessor for Lessor's Loss and any additional amount due under clause (D, E) below. Lessee shall be entitled to any surplus and Lessee shall remain liable for any deficiency. For purposes of this subparagraph, the proceeds of any lease of all or any part of the Equipment by Lessor shall be the amp reasonably assigned by Lessor as the cost of such Equipment in determining the rent under such Lease. D. Lessor may recover interest on the unpaid balance of Lessor's Loss from date it becomes payable until fully paid at a rate of 81/6 per annum. E. Lessor may exercise any other right or remedy available to it by law or by agreement, and may in any event recover legal fines and other expenses incurred by reason of an Event of Default or to the exercise of any remedy hereunder, including expenses of repossession, repair, storage, transportation, and disposition of the Equipment No remedy given in this section is intended to be exclusive, and each shall be cumulative but only to the extent wry to permit Lessor to recover amounts for which Lessee is liable hereunder. No express or implied waiver by Lessor of any Event of Default shall constitute a waiver of any other Event of Default 22. NOTICES. Any written notice hereunder to Lessee shall be deemed to have been given when delivered personally or deposited in the United States mails, postage prepaid, addressed to Lessee at its address set forth above or at such other address as may be last known to Lessor. 23. NET LEASE AND UNCONDITIONAL OBLIGATION. This Lease is a completely net lease and Lessee's obligation to pay the rent and amounts payable by Lessee under Sections 15 and 21 is unconditional and not subject to any abatement, reduction, sett or defense of any kind except as expressly provided herein. 24. PREPAYMENT. This lease and any related Supplement may be prepaid in whole, but not in part, and on a regular payment date with forty-five (45) days written notice to Lessor, upon payment of the amount set forth as Termination Value m the Exhrbrt A attached to said Supplement 25. NON-CANCELLABLE LEASE. This Lease cannot be canceled or terminated except as eaq3ressly Provided herein. 26. SURVIVAL OF DWEMNrMS. Lessee's obligations under Sections 10 and 11 shall survive termination of this I.ease. of this Lease which is unenforceable in any jurisdiction. shall, as to jurisdiction, be such ?erondo without invalidating the remaining provhs m of this lease, and any such ineneMIffecxivetto the event t EOUSSCE of Any Peron the t'i?' unenforceabilit9 m any jurisdiction shall not render uneeorceable such provision in any other jurisdiction. This Lease shall in all respecm be governed by, and consume in accordance with, the eve laws of the state in which the Lessee is IOCWZd Dated: March 28, 2003 Lessee: Town of Avon, Colorado By: Its: ?- . Wnells F o Brokerage Services, LLC Lessor- BY Its: Investment Banker 6 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: August 18, 2004 Re: Fire Station Lease Materials Summary: Attached is the information pertaining to the leasing of Avon's Fire Stations. COLLINS COCKREL & COLE PAUL R. COCKREL A PROFESSIONAL CORPORATION JAMES P. COLLINS ATTORNEYS AT LAW ROBERT G. COLE 390 UNION BOULEVARD, SUITE 400 TIMOTHY J. FLYNN DENVER, COLORADO 80228-1556 EVAN D. ELA HEIDI ANDERSON HUMBEUTEL DAVID S. O'LEARY LINDA G. ALEXANDER August 10, 2004 Mr. Larry Brooks, Town Manager Town of Avon 400 Benchmark Road Box 975 Avon, Colorado 81620 John W. Dunn, Esq. Dunn & Causey, L.L.C. Post Office Box 7717 Avon, Colorado 81620 Re: Fire Siation Leases Dear Larry and John: TELEPHONE 303-986-1551 800-3545941 TELEFAX 303-986-1755 E-MAIL CCCFIRM@CCCFIRM.COM You may recall that via Intergovernmental Agreement effective January 1, 2001, a copy of which is attached for your easy reference, each of the Fire Districts agreed to convey their Fire Stations. The Town of Avon, because of the Charter, could only lease the Fire Stations to the Eagle River Fire Protection District. Through inadvertence and low priority, the Fire Station leases were never finalized. This is intended to close that gap. Attached is a Lease for each of the two Fire Stations. As you can see, Section 3 of each provides for the reverter, or termination, of the lease in the event the Fire District ceases to use it as a Fire Station. As you know, that has always been more of a possibility with the Main Station. ERFPDU,etters\ Town of Avon lettef re fire stations 081004 COLLINS COCKREL & COLE I Mr. Larry Brooks, Town Manager John W. Dunn, Esq. AUGUST 10, 2004 PAGE 2 Please review and let me know of any questions. Otherwise, I would appreciate having the Leases executed at your earliest convenience, and returned to me or to Charlie Moore. Hope this finds you well. Best wishes. Sincerely, COLLINS COCKR) L & COLE A Professional Corporation James P. Collins General Counsel to Eagle River Fire Protection ` District JPC/zah Enclosures cc: Charles A. Moore AVON FIRE STATION INTERGOVERNMENTAL LEASE AGREEMENT This Intergovernmental Lease Agreement ("Agreement") is made and entered into this day of , 2004, by and between the EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi-municipal corporation of the State of Colorado ("District") and the TOWN OF AVON, a municipal corporation and political subdivision of the State of Colorado ("Town"), collectively referred to as "Parties". RECITALS WHEREAS, the District is a special district organized and existing under the Special District Act, Section 32-1-101, C.R.S., et seq.; and WHEREAS, the Town is a municipality organized and existing under the laws of the State of Colorado; and WHEREAS, Section 18(2)(a), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., Section 31-15-101, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the District and the Town to enter into contracts and agreements with one another to provide intergovernmental services and facilities, and to lease real and personal property, when so authorized by their governing bodies; and WHEREAS, the Town is the fee owner of the real property and fire station improvements and appurtenances described on Exhibit A attached hereto and incorporated herein by this reference ("Fire Station Property"); and WHEREAS, the Town desires to lease the Fire Station Property to the District, and the District desires to lease the Fire Station Property from the Town; and WHEREAS, the Parties jointly agree that this Lease Agreement will serve the health, safety and welfare of all citizens within their jurisdictions. NOW, THEREFORE, in consideration of the mutual covenants, understandings and agreements hereinafter set forth, the adequacy of which is hereby acknowledged, the District and the Town agree as follows: 1. TERM OF LEASE. Effective as of the date of this Lease Agreement, and for good and valuable consideration received and hereby acknowledged as adequate by the Parties, the District shall lease the Fire Station Property from the Town for ninety- nine (99) years or for such shorter useful life as the Fire Station Property has, or upon exercise of the reverter described below. 4 2. USE OF PROPERTY. The District shall use the Fire Station Property only for legally permissible activities in connection with the provision of fire protection and emergency services and such other purposes as are customarily incident thereto. 3. REVERTER. In the event the District no longer utilizes the Fire Station Property for such fire protection purpose, then this lease shall terminate, and all rights shall revert to the Town. 4. INSURANCE AND INDEMNIFICATION. During the term of this Lease Agreement, the District shall carry general liability and property insurance on the Fire Station Property in the estimated amount of the replacement value of the improvements thereon, and shall name the Town as additional insured under such property and general liability insurance. The District agrees to indemnify and hold the Town harmless against any damage, loss, claim or liability resulting from the District's use of the Fire Station Property. 5. MAINTENANCE AND REPAIR. The District assumes and agrees to pay all expenses connected with the existence and operation of the Fire Station Property during the term of the lease. The District shall be responsible for the costs of all its utilities for the operation of the Fire Station Property, including but not limited to, water, sewer, trash removal, gas, electricity and telecommunications, including but not limited to, telephone, cable TV, internet access, etc. Should the Fire Station Property be destroyed or damaged, the resulting insurance proceeds shall flow to the District'if the District repairs or rebuilds the fire station improvements on the Fire Station Property, but to the Town if the District elects to terminate the lease and not repair or rebuild such improvements on the Fire Station Property. Each Party shall be responsible for any negligent damage caused by such Party or its employees or agents in the use of the Fire Station Property. The District shall be responsible for the costs of maintaining equipment, supplies, and tools necessary to provide fire protection and emergency services to the District's service area. 6. STRUCTURAL CHANGES AND IMPROVEMENTS. The Parties recognize that there may be improvements required at the Fire Station and agree that they will negotiate in good faith to develop a plan for any improvements. All future significant improvements to the Fire Station will be subject to review and approval by each of the respective Parties. Such approval shall not be unreasonably withheld or delayed. The Parties shall cooperate jointly in developing, approving and financing of any Fire Station improvements that enhance the health and safety of firefighters or the delivery of fire protection and emergency services. 7. WARRANTIES. The Town hereby represents and warrants that neither the execution of this Lease Agreement nor the consummation of the transactions contemplated hereby shall: 2 f' i. Violate any provision of law or judgment, writ, injunction, order, or decree of any court or governmental authority relating to the Town; or ii. Result in the creation or imposition of any lien or encumbrance upon the Fire Station Property or breach any instrument affecting the Fire Station Property except this Lease and the rights granted to the District by it; or iii. Result in or constitute a breach or default (or an occurrence which, by the lapse of time and/or the giving of notice, would constitute a breach or default) under any indenture, contract, other commitment or restriction to which it is bound; or iv. Require any consent, vote, or approval which has not been or, at the time of the transaction involved, shall not have been given or taken. The Town warrants that while no default exists, the District shall occupy the Fire Station Property in peaceful and quiet possession. 8. TERMINATION. Either Party may serve upon the other, written notice of termination of this Lease Agreement, which termination shall thereupon become effective at the end of 60 days following the date of proper notice. 9. NOTICES. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Eagle River Fire Protection District c/o Charles A. Moore, Fire Chief P.O. Box 7980 Avon, Colorado 81620 With a copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 3 t Town of Avon Town Manager P.O. Box 975 Avon, Colorado 81620 With a copy to: John W. Dunn, Esq. Dunn & Causey, L.L.C. P.O. Box 7717 Avon, Colorado 81620 Either party may change the address at which it receives written notice, by so notifying the other party in writing in the manner provided herein. 10. SEVERABILITY. Invalidations of any of the provisions of this Lease Agreement, or of any paragraph, sentence, clause, phrase, or word herein, or the application thereof, in any given circumstance, shall not affect the validity of the remainder of this Agreement. 11. BINDING EFFECT. This Lease Agreement shall be immediately binding upon and inure to the benefit of each party and its respective successors and permitted assigns. 12. GOVERNING LAW. This Lease Agreement shall be construed in accordance with the laws of the State of Colorado. This Lease Agreement is executed as of the date first indicated above. TOWN OF AVON, a municipal corporation and political subdivision of the State of Colorado By- Name Title 4 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Intergovernmental Lease Agreement was acknowledged before me this day of , 2004, by as of the Town of Avon, a municipal corporation and political subdivision of the State of Colorado. My Commission expires: Notary Public EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi-municipal corporation of the State of Colorado By_ Name Title STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Intergovernmental Lease Agreement was acknowledged before me this day of , 2004, by as of the Eagle River Fire Protection District, a quasi-municipal corporation of the State of Colorado. My Commission expires: Notary Public 5 EXHIBIT A A portion of Tract G, Benchmark at Beaver Creek Subdivision, Eagle County, also known as 351 Benchmark Road, Avon, Colorado 6 WILDRIDGE FIRE STATION INTERGOVERNMENTAL LEASE AGREEMENT This Intergovernmental Lease Agreement ("Agreement") is made and entered into this day of , 2004, by and between the EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi-municipal corporation of the State of Colorado ("District") and the TOWN OF AVON, a municipal corporation and political subdivision of the State of Colorado ("Town"), collectively referred to as "Parties". RECITALS WHEREAS, the District is a special district organized and existing under the Special District Act, Section 32-1-101, C.R.S., et seq.; and WHEREAS, the Town is a municipality organized and existing under the laws of the State of Colorado; and WHEREAS, Section 18(2)(a), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., Section 31-15-101, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the District and the Town to enter into contracts and agreements with one another to provide intergovernmental services and facilities, and to lease real and personal property, when so authorized by their governing bodies; and WHEREAS, the Town is the fee owner of the real property and fire station improvements and appurtenances described on Exhibit A attached hereto and incorporated herein by this reference ("Fire Station Property"); and WHEREAS, the Town desires to lease the Fire Station Property to the District, and the District desires to lease the Fire Station Property from the Town; and WHEREAS, the Parties jointly agree that this Lease Agreement will serve the health, safety and welfare of all citizens within their jurisdictions. NOW, THEREFORE, in consideration of the mutual covenants, understandings and agreements hereinafter set forth, the adequacy of which is hereby acknowledged, the District and the Town agree as follows: 1. TERM OF LEASE. Effective as of the date of this Lease Agreement, and for good and valuable consideration received and hereby acknowledged as adequate by the Parties, the District shall lease the Fire Station Property from the Town for ninety- nine (99) years or for such shorter useful life as the Fire Station Property has, or upon exercise of the reverter described below. 2. USE OF PROPERTY. The District shall use the Fire Station Property only for legally permissible activities in connection with the provision of fire protection and emergency services and such other purposes as are customarily incident thereto. 3. REVERTER. In the event the District no longer utilizes the Fire Station Property for such fire protection purpose, then this lease shall terminate, and all rights shall revert to the Town. 4. INSURANCE AND INDEMNIFICATION. During the term of this Lease Agreement, the District shall carry general liability and property insurance on the Fire Station Property in the estimated amount of the replacement value of the improvements thereon, and shall name the Town as additional insured under such property and general liability insurance. The District agrees to indemnify and hold the Town harmless against any damage, loss, claim or liability resulting from the District's use of the Fire Station Property. 5. MAINTENANCE AND REPAIR. The District assumes and agrees to pay all expenses connected with the existence and operation of the Fire Station Property during the term of the lease. The District shall be responsible for the costs of all its utilities for the operation of the Fire Station Property, including but not limited to, water, sewer, trash removal, gas, electricity and telecommunications, including but not limited to, telephone, cable TV, internet access, etc. Should the Fire Station Property be destroyed or damaged, the resulting insurance proceeds shall flow to the District if the District repairs or rebuilds the fire station improvements on the Fire Station Property, but to the Town if the District elects to terminate the lease and not repair or rebuild such improvements on the Fire Station Property. Each Party shall be responsible for any negligent damage caused by such Party or its employees or agents in the use of the Fire Station Property. The District shall be responsible for the costs of maintaining equipment, supplies, and tools necessary to provide fire protection and emergency services to the District's service area. 6. STRUCTURAL CHANGES AND IMPROVEMENTS. The Parties recognize that there may be improvements required at the Fire Station and agree that they will negotiate in good faith to develop a plan for any improvements. All future significant improvements to the Fire Station will be subject to review and approval by each of the respective Parties. Such approval shall not be unreasonably withheld or delayed. The Parties shall cooperate jointly in developing, approving and financing of any Fire Station improvements that enhance the health and safety of firefighters or the delivery of fire protection and emergency services. 7. WARRANTIES. The Town hereby represents and warrants that neither the execution of this Lease Agreement nor the consummation of the transactions contemplated hereby shall: 2 i i. Violate any provision of law or judgment, writ, injunction, order, or decree of any court or governmental authority relating to the Town; or ii. Result in the creation or imposition of any lien or encumbrance upon the Fire Station Property or breach any instrument affecting the Fire Station Property except this Lease and the rights granted to the District by it; or iii. Result in or constitute a breach or default (or an occurrence which, by the lapse of time and/or the giving of notice, would constitute a breach or default) under any indenture, contract, other commitment or restriction to which it is bound; or iv. Require any consent, vote, or approval which has not been or, at the time of the transaction involved, shall not have been given or taken. The Town warrants that while no default exists, the District shall occupy the Fire Station Property in peaceful and quiet possession. 8. TERMINATION. Either Party may serve upon the other, written notice of termination of this Lease Agreement, which termination shall thereupon become effective at the end of 60 days following the date of proper notice. 9. NOTICES. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Eagle River Fire Protection District c/o Charles A. Moore, Fire Chief P.O. Box 7980 Avon, Colorado 81620 With a copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 3 I Town of Avon Town Manager P.O. Box 975 Avon, Colorado 81620 With a copy to: John W. Dunn, Esq. Dunn & Causey, L.L.C. P.O. Box 7717 Avon, Colorado 81620 Either party may change the address at which it receives written notice, by so notifying the other party in writing in the manner provided herein. 10. SEVERABILITY. Invalidations of any of the provisions of this Lease Agreement, or of any paragraph, sentence, clause, phrase, or word herein, or the application thereof, in any given circumstance, shall not affect the validity of the remainder of this Agreement. 11. BINDING EFFECT. This Lease Agreement shall be immediately binding upon and inure to the benefit of each party and its respective successors and permitted assigns. 12. GOVERNING LAW. This Lease Agreement shall be construed in accordance with the laws of the State of Colorado. This Lease Agreement is executed as of the date first indicated above. TOWN OF AVON, a municipal corporation and political subdivision of the State of Colorado By_ Name Title 4 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Intergovernmental Lease Agreement was acknowledged before me this day of , 2004, by as of the Town of Avon, a municipal corporation and political subdivision of the State of Colorado. My Commission expires: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi-municipal corporation of the State of Colorado By_ Name Title The foregoing Intergovernmental Lease Agreement was acknowledged before me this day of , 2004, by as of the Eagle River Fire Protection District, a quasi-municipal corporation of the State of Colorado. My Commission expires: Notary Public Notary Public 5 EXHIBIT A Tract C, Wildridge, according to the recorded final subdivision plat, Eagle County, also known as 2110 Saddleridge Loop, Avon, Colorado 6 Al? & I 1 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Direct.-] Date: August 19, 2004 Re: Renewal of Point-to-Point T-1 Circuit Summary: The Town's point-to-point T-1 Circuit contract with Quest has expired. The point-to-point T- 1 circuit provides the phone/data link between Town Hall and Swift Gulch. The new contract provides for a monthly rate of $211.60 for a term of 60 months. This cost is essentially the same from the prior contact. Town Manager Comments: Attachments: Interstate Private line Transport Services Pricing Plan Acknowledgement Page 1 Agreement Number: QWEST CORPORATION INTERSTATE PRIVATE LINE TRANSPORT SERVICES PRICING PLAN ACKNOWLEDGMENT Avon Town Government Customer's Legal Name ("Customer") Customer hereby orders from Qwest Corporation ("Qwest") the Qwest Interstate Access Service ("Service") indicated below. Customer understands and agrees that Qwest provides Service solely under the Regulations, Rates, and Charges of Interstate Access Tariff F.C.C. No. 1 ("Tariff") which governs Service. In the event of a conflict between this Acknowledgment, Qwest Records and/or the Tariff, the Tariff prevails ANALOG/DATA SERVICE ? Analog Private Line Service ? Analog Voice Grade (Select Plan) ? SVDS / (Select Speed) El Digital Data / (Select Seed) SERVICE REQUESTED JChoose one Service per form VIDEO DATA SERVICES ? Broadcast Video Service ? Broadcast Digital Transport ? HDTV-NET SDI HIGH CAPACITY SERVICES ® DS Level DS1/1.544 Mbps ? SST/ (Select OC-N) ? SHNS/ (Select OC-N) Provide Service between 400 Benchmark Rd, Avon, CO and 500 Swift Gulch Rd, Avon, CO (Qwest will provide and maintain the Service at the locations and quantities as requested by Customer and evidenced by Qwest records, hereby incorporated by reference.) Billing No. K970-949-3497-408M Circuit No. 24.HCGL.214687 Optional Features: Comments: ? If checked, additional Service information is attached to this Acknowledgment, however, attachments will not add to or change, the regulations, rates terms and/or char es of the Tariff. RATE PLAN The following Monthly and Nonrecurring Rates ("Rates") for Service reflect the Rates currently in effect in the Tariff. Customer understands the actual Rates will be what is in effect in the Tariff on the first date of installation of Service, or for existing Service, the date the service order is completed by Qwest. Customer shall also pay Qwest all applicable taxes, usual and customary surcharges, and all government imposed fees and charges that relate to the Service or installation rendered hereunder, excluding the Private Line Surcharge, if Customer qualifies, and if that box is appropriately checked on this Acknowledgment. Total Monthly Rate: $211.60 as of signature date Total Nonrecurring Rate: $N/A as of N/A Customer has selected Tariffs Pricing Plan ("Plan") which protects the Rate from Qwest Initiated Rate increases for sixty (60) months ("Plan Term"). Qwest shall notify Customer of the date Service ordered is available to Customer under this Agreement. In the event Customer is unable or unwilling to accept service at such time, the subject Service will be held available for Customer for a period not to exceed thirty (30) business days from such date ("Grace Period"). If after this Grace Period, Customer still has not accepted service Qwest may, after consultation with Customer either: (i) commence with regular monthly billing for the subject Service; or (ii) terminate the subject Service and invoice Customer for any applicable cancellation charges pursuant to the Tariff which shall include the full non- recurring installation charges that would have otherwise applied. Customer understands that if Customer disconnects Service, in whole or in part, after Service is installed, but prior to the completion of the Plan Term, Tariffs termination liability charges may apply. If termination is prior to installation of Service, termination liability charges shall be those reasonable costs incurred by Qwest through the date of termination. Such charges may include, but are not limited to all engineering, planning, preparation, materials, supplies, placement, facilities, acquisition, transportation, installation, construction, and labor costs and charges incurred by Qwest, or as specified in the Tariff. Furthermore, Customer understands that the Nonrecurring Rate cannot be rate stabilized and as such any additions or changes to Service will incur the then-current Tariff Nonrecurring Rate. Customer has chosen a Plan based on a specific term commitment and as such understands the rates provided herein are based upon Customer completing an entire Plan Term for the subject Service; therefore, ANY ADDITIONS TO SERVICE SHALL REQUIRE A NEW ACKNOWLEDGEMENT FORM DESIGNATING THE APPLICABLE PLAN TERM. This is a retail end user Acknowledgment. It may be assigned only with the consent of Qwest. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. Any dispute arising out of, or relating to, this Agreement shall be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrability of the dispute. The costs of the arbitration, including the arbitrator's fees, shall be shared equally by the parties; provided, however, that each party shall bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The arbitration will be held in Denver, Colorado. The arbitrator has no authority to award any indirect, incidental, special, reliance, punitive, or consequential damages, including damages for lost profits. The arbitrator's decision shall be final, binding, and enforceable in a court of competent jurisdiction. If either party fails to comply with the dispute resolution process set forth herein (including without limitation, non-payment of an arbitration award) and a party is required to enforce such compliance in court or elsewhere, then the non-complying party shall reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). ® If checked, Customer hereby certifies that Service listed above qualifies for exemption of the Private Line Surcharge in accordance with the Tariff under exemption category E6. Written notification will be provided to Qwest at such time the exemption is no longer applicable due to changes or re-termination of any Service. Copyright C 2003 Qwest. All Rights Reserved. Page 1 of 3 v1- 112x03 This Acknowledgment constitutes the entire understanding between Qwest and Customer with respect to Service provided herein and supersedes any prior acknowledgments, agreements, or understandings. Except as required for under applicable law or regulation, Neither party shall, without the prior written consent of the other, issue any press release or public announcement regarding this Agreement or any relation between Customer and Qwest or use the name, trademarks, or other proprietary identifying symbol of the other party or its affiliates. Such consent by Qwest may only be given in writing by the Executive Vice President of Corporate Communications or his/her designee. Avon Town Government Authorized Signature Qwest Corporation Authorized Signature Name Typed or Printed Title Date ame Typed or Printed Date Pa 2 of 3 v1- 112003 Copyright © 2003 Qwest. All Rights Reserved. 9e I Agreement Number: QWEST CIRCUIT INVENTORY QTY. or NO. CIRCUIT I.D./ADDRESS CIRCUIT TYPE Channel Terminations Copyright © 2003 Qwest. All Rights Reserved. Page 3 of 3 v1- 11200: NON-APPROPRIATIONS ADDENDUM This is an addendum to Agreement Number ("Underlying Agreement") between AVON TOWN GOVERNMENT ("CUSTOMER") and Qwest Corporation ("Qwest") for DS1 Service ("Service"), signed by CUSTOMER on ("Addendum"). 1. The purpose of this Addendum is to supplement the Underlying Agreement as follows: CUSTOMER intends to continue this Agreement for its entire term and to satisfy its obligations hereunder. For each succeeding fiscal period: 1) CUSTOMER agrees to include in its budget request appropriations sufficient to cover CUSTOMER's obligations under this Agreement; 2) CUSTOMER agrees to use all reasonable and lawful means to secure these appropriations; 3) CUSTOMER agrees it will not use non-appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products or services from a third party. CUSTOMER reasonably believes that sufficient funds to discharge its obligations can and will lawfully be appropriated and made available for this purpose. In the event that CUSTOMER is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by CUSTOMER and agreed to by Qwest), CUSTOMER may terminate this Agreement by giving Qwest not less than thirty (30) days prior written notice. Upon termination and to the extent of lawfully available funds, CUSTOMER shall remit all amounts due and all costs reasonably incurred by Qwest through the date of termination. 2. Except as modified herein, terms and conditions of the Underlying Agreement shall remain in full force and effect. The parties hereby execute and authorize this addendum as of the latest date shown below: CUSTOMER Authorized Signature Name Typed or Printed Title Date Qwest Corporation Authorized Signature Name Typed or Printed Title Date © 2001 Owest Corporation Page 1 12/17/01 NONE I r Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: August 19, 2004 Re: Contract with Revenue Recovery Group Summary: At the last Council worksession, Council gave staff authorization to proceed with the sales tax audit program by entering into an agreement with Revenue Recovery Group (RRG) for auditing services. Upon the signing of this agreement, staff will meet with RRG to developed the Town's audit program and estimated costs/revenues for late 2004 and 2005. No audit fees will be incurred until such time that individual audits are selected and the process begun. Town Manager Comments: A Attachments: Agreement with Revenue Recovery Group Page 1 AGREEMENT THIS AGREEMENT is made and entered into this 4} -N day of AH kSk 200tI, by and between the Town of Avow , Colorado (herein reed to as "TOWN"), and Revenue Recovery Group, Inc. (herein referred to as "RRG"), a Louisiana corporation domiciled and with its principal place of business at 15556 Perkins Road, Baton Rouge, Louisiana 70810. 1. RECITALS AND PURPOSE. A. RRG is authorized to do business in the state of Colorado and has represented to Town that it possesses the requisite skill, expertise, and experience with respect to state and municipal revenues. B. Town desires to retain the services of RRG as its Agent to engage in providing services that may include, but are not limited to consulting, training, development and implementation of education programs, administrative functions for the collection and/or enforcement of taxes, fees and other revenues, auditing, and/or other related activities in an attempt to maximize revenues and enhance tax compliance programs. If. TERM OF AGREEMENT. This Agreement shall become effective upon execution and shall continue until terminated by either party by giving thirty days (30) written notice. In conformance with Article X, Section 20 of the Constitution of the State of Colorado, this contract shall be considered an annual contract and shall be automatically renewed at the end of each calendar year, unless the Town gives written notice of its intent not to renew at least thirty (30) days prior to December 31st of each calendar year. III. SERVICES. The Town may engage RRG to perform any one or more of the following services through this Agreement: A. Consulting Services - may include, but are not limited to, assisting the Town with the development and/or implementation of educational materials, training programs for Town staff, special projects, analysis of new tax/fee programs and assisting in program implementation, as well as revenue analysis and reports. (Reference Exhibit A). B. Construction Administration Program - may include, but is not limited to, the provision of technical assistance and staff support in the development and implementation of systems to identify, record, track and/or provide on-going analysis of construction permits and associated use tax deposits and obligations through to the completion of the projects to ensure all appropriate taxes/fees have been appropriately remitted to Town. (Reference Exhibit 8). C. Auditing Services - may include, but are not limited to, auditing for the following revenues (Reference Exhibit C): 1. Sales and use taxes 2. Construction use tax 3. Motor vehicle use tax 4. Occupational privilege taxes 5. Accommodations or lodging taxes 6. Admission tax and/or Seat Tax 7. Franchise fees 8. Alcohol / Tobacco IV. FEES AND EXPENSES. A. In consideration of the services rendered hereunder, Town shall compensate RRG at the rates shown in the attached exhibits based upon the work authorized and performed. B. The Town shall pay the invoice within the time specified in the exhibits. Payments made after the time specified in the exhibits may be assessed an interest charge of one percent (1%) per month. C. RRG shall retain its records regarding its compensation, time and expenses for a period of ninety days (90) beyond payment of its fees and reimbursement of expenses. Town may request access to such records during this period, and RRG agrees to retain all such records for such period. RRG shall maintain and retain all audit files for at least three (3) years following the date on which services are rendered. Town shall have full access to all information related to audits and contained in said files during this period. V. CONFLICTS OF INTEREST. A. RRG shall not represent or assist any.taxpayer in any matter involving the taxes or fees of the Town that are the subject of this agreement without first disclosing such representation or assistance to the Town and obtaining the Town's approval in writing. B. During the term of this Agreement and for a period of twenty four (24) months following the termination of this Agreement, following any extensions thereof, and following any additional periods in which RRG provides services to and for Town, Town agrees not to offer, hire, or in fact, employ or enter into any contractual relationship, partnership, corporation, or other business relationship, directly or indirectly, with any of RRG's past, present or future employees (hired after the date of this agreement), or consultants, or any business entities employing or contracting with such employees or independent contractors, if any such employees, consultants, or business entities are or have been utilized by RRG in providing auditing services under this Agreement. VI. CONFIDENTIALITY. A. RRG acknowledges the applicable requirements of law, including but not limited to C.R.S. §29-2-106(4)(c), C.R.S. §39-21-113(4), and/or any ordinances of the Town, concerning the confidentiality of tax records and agrees that, except in accordance with judicial order or as otherwise provided by law, that RRG and its employees and consultants shall not divulge any information gained from any audit conducted pursuant to this Agreement or disclosed in any 2 document, report, or return filed in connection with the taxes or fees to which this Agreement applies. VII. STATUS OF RRG. A. RRG and any persons employed by RRG for the performance of work hereunder shall be independent contractors and not employees of the Town. Any provisions in this Agreement that may appear to give the Town the right to direct RRG as to details of doing work or to exercise a measure of control over the work mean that RRG shall follow the direction of the Town as to end results of the work only. Nothing herein shall be construed as establishing a quality standard for any individual, or as establishing any right on the part of the Town to oversee the actual work of RRG or to instruct any individual as to how the work will be performed. B. It is further understood and agreed that RRG shall have the right to employ such assistance, including the assistance of its employees and consultants, as may be required for the performance of work under this Agreement, however the Town will have the opportunity to approve all assigned staff. C. THE PARTIES HERETO UNDERSTAND THAT RRG AND RRG'S EMPLOYEES AND CONSULTANTS ARE NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS UNDER ANY WORKERS' COMPENSATION INSURANCE POLICY OF THE TOWN,_ AND THAT RRG IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX AND OTHER APPLICABLE TAXES AND OTHER AMOUNTS DUE ON ANY MONIES PURSUANT TO THIS AGREEMENT. VIII. GENERAL. A. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States mail. B. The captions of the paragraphs are set forth only for convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of the Agreement. C. A waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. D. Colorado law shall apply to the construction and enforcement of this Agreement. E. This Agreement shall inure to the benefit of, and be binding upon the parties, their respective legal representatives, successors, and assigns. F. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. 3 G. Only an instrument in writing signed by the parties may amend this Agreement. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. All previous agreements, understandings, and arrangements between the parties are terminated by this Agreement. H. If any law is passed, subsequent to this Agreement, which seeks to alter the terms, conditions, or obligations of the parties, which the parties have herein agreed upon, it is the parties' intent that the Agreement shall be considered "grandfathered" in and the new law shall not affect such existing terms, conditions, or obligations of the parties. 1. Should this Agreement become the subject of litigation between the Town and RRG, the prevailing party shall be entitled to recovery of all actual costs in connection therewith, including but not limited to attorney's fees and expert witness fees. All rights concerning remedies and/or attorney's fees shall survive any termination of this Agreement. J. To the extent permitted by law, each party to this Agreement shall hold harmless, indemnify and defend the other party, including the other parties' employees, officers, agents, and assigns, from any claim, lawsuit, or award of damages, to the extent such claims, lawsuit, or award of damages arises from the action or inaction of that parties' own officers, employees and agents. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the other parties would otherwise be entitled under §24-6- 101, et seq., C.R.S., as amended TOWN OF REVENUE RECOVERY GROUP, INC. By: By: Its: Its: 4 Exhibit A - Consulting Services Consulting Services may include, but are not limited to, assisting the Town with the development and/or implementation of educational materials, training programs for Town staff, and special projects as needed, coordination and/or support to Town in negotiations, protest, administrative hearing/appeals process, analysis of new tax/fee programs and assisting in program implementation, as well as revenue analysis and reports. • Training may include RRG providing both classroom and experiential training for Town employees in the focus areas of sales and use tax, construction use tax, motor vehicle use tax, accommodations, occupational privilege tax, and various other revenues and topics as determined by Town. • Taxpayer education may include development of taxpayer education collateral materials including brochures, booklets, and providing presentations and/or courses designed to assist the taxpayer in gaining a broader understanding of their potential obligations. Prior to any engagement, Town and RRG will formalize a Scope of Work, attached as Exhibit A-1, and identify primary and secondary employees and representatives that will manage the project, timelines, expectations, requirements, and estimated costs. The per hour billing rates for the personnel of RRG shall be submitted in a separate proposal to Town. Said proposal shall be attached to this Contract as Exhibit A-1. Reimbursement of Costs. All reasonable costs associated with travel (including airfare, rental car, mileage, and meals) and upon the Town's prior approval, all direct costs incurred by RRG, including office supplies, artwork, printing, postage, etc. are deemed to be fully reimbursable costs by the Town, based upon presentation of sales invoicing/receipts. 5 Exhibit A-1 - Proposal and Scope of Work Exhibit B - Construction Administration Program The Construction Administration Program may include, but is not limited to, the provision of technical assistance and staff support in the development and implementation of systems to identify, record, track and provide on-going analysis of construction permits and associated use tax deposits and obligations through to the completion of the projects to ensure all appropriate taxes/fees have been appropriately paid to Town. A. Responsibilities of RRG. Proactive communications with the General Contractors relating to the Town's requirements to remit Building Construction Use Tax on all materials purchased for use in constructing a building or residence in the Town. o These communications include letters, emails and telephone calls, informing the General Contractors of their responsibilities and the Town's intention to reconcile or audit the records on the project to determine the use tax liability. 2. Educational materials will be provided to guide the General Contractor through the process of record keeping and retention throughout the project. o The General Contractor will receive a listing of records that must be kept throughout the project to assist in the timely reconciliation/audit of the project, and copies of the Town's Ordinance that supports this requirement. o Assistance will be offered to the General Contractor at any time throughout the project when questions of taxability occur. 3. A mechanism is established to facilitate the reconciliation of the deposit paid at the time the permit was issued to the actual materials purchased. o RRG will provide a mechanism to the General Contractor to perform a self- audit, reconciliation, or audit as deemed appropriate by the Town. That mechanism will include forms, affidavits, ExcelTm worksheets, and instructions for completion. 4. Guidelines and parameters are established by the Town specific to their program. o The Town will be working closely with RRG to establish the project and cost parameters for each of the levels established. Those parameters will include: - Permits that will receive a letter at the time the permit is issued, and one requesting a self-audit at the time the Certificate of Occupancy is issued. - Permits that will receive a letter at the time the permit is issued, and one requiring that reconciliation is performed and reviewed by RRG at the time the Certificate of Occupancy is issued. - Permits that will receive a letter at the time the permit is issued, and one requiring an audit of all records at the completion of the project. 7 Exhibit B - Construction Administration Program (Con't) 5. RRG will provide monthly reports to Town detailing program activities and will establish and maintain a database of all permits issued, certificates of occupancy (C.O.) issued and audit activities performed for each permit. 6. RRG will provide Town summary reports on each permit at completion of the process. The report will either be a self-audit, reconciliation, or audit report. Included with the report will be a summary of all communications with the General Contractor, copies of emails, faxes, etc. 7. RRG will provide education and assistance to Town and Contractors regarding the construction use tax administrative program and associated obligations. 8. RRG will bill costs/fees to Town as follows: Administrative fee for permit letters will be invoiced at the time the initial permit letter is issued and fees are due to RRG within 180 days from date of invoice. • Audit costs and fees are due to RRG within 180 days from the date of invoice. 9. If requested by the Town, RRG will provide assistance in negotiation of settlements or compromises, although it is understood that RRG shall have no authority to approve any such settlements or compromises on the Town's behalf. 10. RRG auditors will be available as required to defend audit assessments in the event of negotiations, protests, informal hearings, and litigation at the individual Town audit rate and reasonable travel expense. If RRG management assumes a consultation role and/or provides administrative support to the Town in a negotiation, protest, informal hearing, or litigation, Town will pay RRG the established hourly consulting rate plus reasonable travel costs. o If requested by the Town, RRG will provide assistance in reviewing a taxpayer's request for a refund of taxes or fees paid to the Town, including verification of the accuracy of the refund request, adjustments to the proposed refund amount, audit of all open periods of the taxpayer, and determination and adjustment for any additional taxes or fees owed to the Town at the individual Town audit rate (Reference Exhibit C). B. Responsibilities of Town. 1. Town is responsible for collecting all assessments including tax due, penalty and interest. 2. Not later than the 15'' day of each month, Town is responsible to provide RRG a listing of permits and certificates of occupancy and determination of action to be taken. 8 Exhibit B - Construction Administration Program (con't) 3. On a monthly basis, Town is responsible to provide RRG with a listing of General Contractors and licensed subcontractors performing work in the Town, which list shall include contact addresses and phone numbers. 4. Town shall cooperate with RRG in completing its services, and shall promptly provide such information as is in its possession and as is reasonably necessary for RRG's work under this Agreement. 5. The Town shall timely notify RRG of administrative procedures required to be followed by RRG. 6. The Town's designated representative, on whose instructions and directions RRG may rely for the purposes of this Agreement, is the following or such other person as the Town may designate in writing: 7. The Town shall make its copying facilities available to RRG at no cost for making copies of work papers, reports and other similar documents generated by RRG in performing services hereunder. 8. The Town shall make its Town Attorney reasonably available to RRG for the purpose of inquiry concerning the application of the Town's ordinances and other laws. 9. The Town acknowledges that RRG shall not be expected to provide legal support, which may be needed to pursue an assessment. RRG shall attend taxpayer conferences, negotiations, and hearings concerning the assessment as requested by Town at the individual Town audit rate and reasonable travel costs. 10. Town agrees to provide RRG with a letter of authorization for the purpose of presentation to taxpayers(s), sufficient to permit the access by RRG to the records and documentation of such taxpayer(s). Town agrees to expedite its authorization, and to perform all acts necessary to compel cooperation by the taxpayer(s), when necessary. Once authorized, Town agrees that RRG shall have full authority and power to contact taxpayers for the purpose of auditing all relevant records and documentation, which authority and power shall not be withdrawn until the auditing services of RRG have been concluded. Town agrees to allow access by RRG to the information and data available to Town through its reciprocity arrangements with other taxing jurisdictions for the purpose of determining the existence of delinquent taxes, or untaxed transactions. This access by RRG shall be subject to any limitations imposed by written agreements with other taxing jurisdictions, which may restrict the information that may be shared by Town with RRG. Town acknowledges that RRG performs its service for a number of other taxing jurisdictions, and consents to RRG obtaining information from taxpayers in connection with simultaneous audits for more than one taxing jurisdiction. 9 Exhibit B - Construction Administration Program (con't) C. Fees and Expenses. RRG Colorado Building Construction Use Tax Program Pre-audit Services Includes: Cost (1) Permit Letter with attachments $89/permit - Attachments include letter of authorization, section of the (Includes 2 municipal code, listing of documents to be kept on file. and 3 below) (2) Database Management & Reporting At some point in time between the issuance of a permit and approval of a certificate of occupancy, the Town will make a determination of the specific review to take place (e.g. reconciliation/audit). (3) Review: - Certificate of Occupancy letter with attachments - Self- Audit - Certificate of Occupancy letter with attachments - Reconciliation - Certificate of Occupancy letter with attachments - Audit Reconciliation: - Includes maximum of 5 hours discovery & review of support documentation $75/hr. Audit: - Includes coordinating sub-contractor affidavits and 100% project cost/invoice review. $75/hr. 10 Exhibit B - Construction Administration Program (con't) Program Notes: 1. The Town will provide RRG a listing of all permits issued on a monthly basis. 2. The Town will provide RRG with a listing of all Certificates of Occupancy (CO's) issued on a monthly basis. 3. A reconciliation is,the process by which the General Contractor (small jobs) or RRG review summary documentation (Job Cost Ledger) and perform a reconciliation of deposit to actual on all reconciliations. RRG will review the information provided and supply the Town with a report. 4. An audit would involve solicitation of subcontractor affidavits, review of invoices for purchases, and verification of all information provided to the Job Cost Ledger/AIA certification. 5. RRG will provide the Town with a monthly report detailing the status of the program. 6. Town is responsible for all reasonable travel costs approved by Town. Prior to instituting the program the Town determines the following: 1. Audit levels - What threshold does the Town require for a permit to be audited? 2. Reconciliation levels - What thresholds will the Town require for reconciliation? The Town must determine whether it is allowable for the General Contractor to reconcile the deposit made with the actual materials purchased on some, permits, e.g. remodels, small additions, garages, etc. 3. _ Acceptable sampling for construction audits, e.g.,one of each model for a large residential Project and representative invoices on large projects. 11 Exhibit C - Audit Services A. Responsibilities of RRG. 1. RRG will render auditing services - and other related services with regard to the following taxes and/or fees: Sales and use tax Construction use tax Motor vehicle use tax Occupational privilege tax / Head tax Accommodations or lodging tax Admissions taxes / Seat Tax Alcohol / Tobacco tax Franchise fees Other: To be determined by Town 2. The specific services to be provided by RRG hereunder shall be as follows: a. Assistance as requested by the Town in establishing criteria for the selection of taxpayers to be audited, selecting the taxpayers to be audited, and identifying acceptable methodologies for the audit; b. Identification of the specific taxes and/or fees to which the audit will apply; c. Audit planning, including the contacting of each taxpayer to be audited and scheduling of each audit; d. Identifying and obtaining the taxpayer records to be reviewed in conducting the audit; e. Conducting testing, searching for unrecorded transactions or disbursements, examining expense accounts, examining fixed assets, or otherwise performing such other audit procedures as determined necessary or appropriate by the Town and RRG; f. Preparing audit summaries and work papers, assessments, and such other documents as requested by the Town; g. Attendance, as requested by the Town, during conferences, negotiations, and hearings concerning the audit; h. If requested by theTown, assistance in negotiation of settlements or compromises, although it is understood that RRG shall have no authority to approve any such settlements or compromises on the Town's behalf; i. If requested by theTown, assistance in reviewing a taxpayer's request for a refund of taxes or fees paid to theTown, including verification of the accuracy of the refund request, adjustments to the proposed refund amount, audit of all open periods of the taxpayer, and determination and adjustment for any additional taxes or fees owed to the Town. 12 Exhibit C - Audit Services (con't) j. Collection assistance, as requested by the Town; and k. Related matters as agreed to by Town and RRG. 3. RRG's auditing services will be considered substantially complete upon determination of delinquent taxes, penalties, and/or interest, and disclosure of the same to theTown. Town acknowledges that RRG will incur substantial expense, and assume substantial risk, in connection with the rendition of its auditing services, due to the amount of time and effort in discovery, auditing, consulting, and research. 4. RRG shall not initiate any audit or contact any taxpayer for the purpose of conducting an audit for Town unless Town has authorized such action in writing. 5. Upon request by the Town, RRG shall provide to the Town a copy of all correspondence between RRG and any taxpayer selected for an audit, as well as all other records or papers pertinent to such audit. B. Responsibilities of Town. Town shall cooperate with RRG in completing its services, and shall provide such information as is in its possession and as is reasonably necessary for RRG's work under this Agreement. -' 2. The Town shall notify RRG of administrative procedures required to be followed by RRG. 3. The Town's designated representative, on whose instructions and directions RRG may rely for the purposes of this Agreement, is the following or such other person as the Town may designate in writing: 4. The Town shall make its copying facilities available to RRG at no cost for making copies of work papers, reports and other similar documents generated by RRG in performing services hereunder. 5. The Town shall make its Town Attorney reasonably available to RRG for the purpose of inquiry concerning the application of the Town's ordinances and other laws applicable to the audit. 6. The Town acknowledges that RRG shall not be expected to provide legal support, which may be needed to pursue an assessment, other than attendance at conferences, negotiations, and hearings concerning the assessment as requested by Town. 13 7. If RRG has initiated services prior to the date of the Town's notice of termination of the Agreement, then, in such event, RRG may continue such services and shall receive its compensation. Exhibit C - Audit Services (con't) 8. Town agrees to provide RRG with a letter of authorization for the purpose of presentation to taxpayers(s), sufficient to permit the access by RRG to the records and documentation of such taxpayer(s). Town agrees to expedite its authorization, and to perform all acts necessary to compel cooperation by the taxpayer(s), when necessary. Once authorized, Town agrees that RRG shall have full authority and power to contact taxpayers for the purpose of auditing all relevant records and documentation, which authority and power shall not be withdrawn until the auditing services of RRG have been concluded. Town agrees to allow access by RRG to the information and data available to Town through its reciprocity arrangements with other taxing jurisdictions for the purpose of determining the existence of delinquent taxes, or untaxed transactions. This access by RRG shall be subject to any limitations imposed by written agreements with other taxing jurisdictions, which may restrict the information that may be shared by Town with RRG. Town acknowledges that RRG performs its service for a number of other taxing jurisdictions, and consents to RRG obtaining information from taxpayers in connection with simultaneous audits for more than one taxing jurisdiction. C. Fees and Expenses. The per hour billing rates for the personnel of RRG shall be as follows and shall depend upon the number of Cities or Counties (Taxing Jurisdictions) which authorize and participate on a particular audit: Number of Taxing Jurisdictions Group Rate 1 $75 2-3 $129 4-6 $149 7-8 $179 9+ $199 A Taxing Jurisdiction will be dropped from the group if the auditor determines there is no activity within the jurisdiction during the "Discovery Phase" of the audit. This determination is based on the auditor's judgment. In the event that an auditor determines the taxing jurisdiction should transition into the post discovery "Audit phase", the auditor must document justification for leaving the taxing jurisdiction in the audit beyond the "Discovery phase." Taxing Jurisdictions who are dropped will be removed from the group rate calculation, and will pay a "Discovery Phase" rate of $59 per hour, not to exceed five hours. All participating jurisdictions will pay their prorated share of the audit expenses based on the audit hours allocated. Audit hours will be allocated based on actual assessments except for jurisdictions which are dropped from the audit. For these jurisdictions hours will be determined by actual work done, not to exceed five (5) hours. In the event subsequent audit trips are needed to complete the audit and these trips begin after a Taxing Jurisdiction is dropped, the dropped Taxing Jurisdiction would not participate in these subsequent trip expenses. The group hourly rate will be adjusted as Taxing Jurisdictions are dropped off. The group hourly rate will be determined by the taxing Jurisdictions remaining at that point in time. 14 RRG shall submit to the Taxing Jurisdiction an invoice, following completion of an audit. invoice is payable 180 days from date of invoice. 15 Exhibit C - Audit Services (con't) Example 1 This example consists of 10 agencies that were discovered to have a liability and where audits were performed. % of # of Agency # Assessment Total Hours Rate Fees Expenses Total Cost t 1 $10,000 10% 11 $199 $2,189 $90 $2,279 2 3,000 3% 3 199 597 27 624 3 4,000 4% 4 199 796 36 832 4 5,000 5% 6 199 1,194 45 1,239 5 10,000 10% 11 199 2,189 90 2,279 6 13,000 13% 14 199 2,786 117 2,903 7 15,000 15% 17 199 3,383 135 3,518 8 20,000 20% 22. _ 199 4,378 180 4,558 9 10,000 10% 11 199 2,189 90 2,279 10 10,000 10% 11 199 2,189 90 2,279 $100,000 110 $21,890 $900 $22,790 16 Exhibit C - Audit Services (con't) Example 2 Example: Two of the agencies were dropped from the audit due to lack of liability determined through the Discovery Phase. Since two cities have now dropped out of the audit hours, the rate / hour is reduced to $179.00. (Reference Addendum Exhibit A % of % of Total Agency # Assessment of Total Hours Total Rate Fees Expenses Cost (1) (2) (3) 1 $ - 0% 2 2.15% $59 $118 $19 $137 2 3,000 3% 2.64 2.84% 179 473 26 498 3 4,000 4% 3.52 3.78% 179 630 34 664 4 5,000 5% 4.40 4.73% 179 788 43 830 5 10,000 10% 8.80 9.46% 179 1,575 85 1,660 6 13,000 13% 11.44 12.30% 179 2,048 111 2,158 7 15,000 15% 13.20 14.19% 179 2,363 128 2,491 8 20,000 20% 17.60 18.92% 179 3,150 170 3,321 9- 30,000 30% 26.40 28.39% 179 4,726 255 4,981 10 - 0% 3 3.23% 59 177 29 206 $100,000 100% 93 100.00% $16,047 $900 $16,947 (1) Hours are calculated as follows: (88 audit hours plus 5 hours of discovery) Agencies with an assessment are charged the number of hours as a % of total audit hours equal to the % of total assessment. For example: Agency #2 has 3% of the total assessment. Three percent of the total audit hours (88 hrs.) = 2.64 hours. (2) Fees are calculated as follows: Agencies with no assessment are charged the number of hours X $59/hr. Agencies with an assessment are charged the number of hours X $179/hr. group rate. For example: Agency #2 is apportioned 2.64 hours at $179/hr. = $472,56, rounded to the nearest dollar for this example. (3) Expenses are calculated as follows: For example: Agency #1 has 2 hours, or 2.15% of the Total Hours. Total Expenses of $900 X 2.15% = $19.35 rounded to the nearest dollar, or $19. Another example is Agency #2 has 2.64 hours, or 2.84% of the Total Hours. Total Expenses of $900 X 2.84% = $25.56 rounded to the nearest dollar, or $26. 17 REVENUE RECOVERY GROUP, INC. CLIENT USER'S GROUP AGENDA "Hands-On Working Session" THURSDAY, JULY 29, 2004 9:00 a.m. -1:30 p.m. 9:00 - 9:15 RRG Update - Jacque Wedding-Scott 9:15 - 10:30 Data Base - Roxy Huber & Sue Moorman Audit Inventory for Texas and California This discussion wilt require each agency to review the database, and make specific recommendations to the Group for coordinated audit. 10:30 - 10:45 Break 10:45 -11:15 Issues for Discussion and Group Decisions - Jacque Wedding-Scott o Blanket Confidentiality Agreements o Blanket Letter of Authorization o User Group Needs 11:15 -11:45 RRG Roles - Karen Stickland/ JW-S o Legal challenges o Protest Processes and templates 11:45 - 12:30 Box Lunch (Sponsored by RRG) 12:30 - 1:30 What's New & What's Next? LOCATION: CITY & COUNTY OF BROOMFIELD 1 DES COMBES DRIVE BROOMFIELD, CO 80020 (303) 464-6819 BAL SWAN CONFERENCE ROOM (TAKE THE ELEVATOR TO THE BASEMENT) Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town EngineerAnne Martens, Assistant Town Engineer Date: August 19, 2004 Re: Metcalf Basin Drainage Improvements (Nottingham Road to I-70) B & B Excavating, Inc. - Construction Contract Summary: One Bid was received in response to our Advertisement for Bids for the Metcalf Basin Drainage Improvements Project (Nottingham Road to I-70). The bid received was in the amount of $175,989.65 and the engineer's estimate was $129,540.50. The Bid and engineer's estimate is summarized on the attached Bid Summary Sheet. We have reviewed the Bid submitted by B & B Excavating, Inc. and find it to be reasonably consistent with the Engineer's Estimate. We do not see any unreasonable discrepancies in the various unit prices to indicate potential problems or an unbalanced bid. Even though there is one only bidder, apparently due to lack of interest and companies already busy with other projects, we recommend proceeding with construction this year. The Metcalf Basin Drainage Improvements Project (Nottingham Road to I-70) is currently funded by the Water Fund through the 5-year Capital Improvements Fund Budget. This included $65,000 in 2004 for design and right-of-way acquisition and $325,000 in 2005 for construction. The original project schedule included construction in 2005, but was revised to be constructed in 2004 due to revisions in the scope and other anticipated projects. This revision in the schedule was authorized by Council at the May 25 i , 2004 Meeting. The Capitol Fund Budget will be revised to reflect the construction proposal and revised scope of the project. The construction contract is within the revised Total Project Budget. The proposed revised Total Project Budget is as follows: Construction Contract Engineering Design Contract Administration Testing Contingency Total Proposed Budget $175,990 $ 39,900 $ 10,000 $ 5,000 5_19,110 $250,000 L\Engineering\CIP\5tormwater Metcalf (Mott To 170)\4.0 Construction Documents\4.4 Construction Contract\Memo Bid Award.Doc 1 Therefore, we recommend approval of the Bid submitted by B & B Excavating, Inc., in the amount of $ 175,989.65 for construction of the Metcalf Basin Drainage Improvements Project (Nottingham Road to I-70). Recommendations: Approve Bid submitted by B &B Excavating, Inc., in the amount of $ 175,989.65 for construction of the Metcalf Basing Drainage Improvements Project (Nottingham Road to I-70). 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