TC Council Packet 01-22-2008TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 22, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN ATTORNEY: JOHN DUNN
TOWN STAFF
TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY INPUT
a. Citizen and Public Input
5. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
a. PUBLIC HEARING on Ordinance No. 07-10, Series of 2007, Second Reading, An Ordinance
Recommending Approval, with Conditions, of a PUD Amendment Application Amending the
Village at Avon PUD Planning Areas E, F, H, I and J, Filing 1, Village at Avon Subdivision, Town
of Avon, County of Eagle, And Setting Forth Details in Regard Thereto
Property Location: Village at Avon PUD
Applicant: Dominic Mauriello, MPG / Owner: Traer Creek
Description: An Amendment request to reconfigure the planning area boundaries of Planning Areas H,
Neighborhood Center; I, Neighborhood Center; E, Village Residential; and F, Village Residential / An
amendment to create a larger buffer between commercial uses and the adjacent existing Eaglebend drive
residential neighborhood. Also part of the request is a text amendment to the PUD guide that will result in
a modification to the current percentages and ratios of commercial -to -residential uses in order to permit
more residential density in areas that are presently planned for more commercial square footage /
approved on first reading on November 13, 2007; tabled on December 11, 2007
b. PUBLIC HEARING on Ordinance No. 08-01, Series of 2008, First Reading, An Ordinance
approving the Planned Unit Development (PUD) Amendment Application for Lots 38 and 39,
and Tract O, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and setting forth
details in regard thereto (Matt Gennett, Planning Manager) The proposal is to rezone Lots 38 and 39,
Block 4, Wildridge Subdivision from the currently entitled 3 duplexes (or 1 duplex and 1 fourplex) to five single-
family residences
6. ORDINANCES
7. RESOLUTIONS
a. Resolution No. 08-04, Series of 2008, A Resolution approving a Subdivision Variance Application
from Avon Municipal Code Section 16.40.330, for Lots 38 and 39, Block 4, Wildridge, Town of Avon,
Eagle County, Colorado; and setting forth details in regard thereto. (Matt Gennett, Planning Manager)
This application is being reviewed in conjunction with a PUD Amendment application, and is seeking relief from
Section 16.40.330, a Section that requires each lot of a subdivision to have a linear frontage span on a
Avon Council Meeting.08.01.22
Page 3 of 4
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 22, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
AVON
dedicated street of not less than twenty-five (25) feet. The preliminary subdivision proposes three (of six) lots
lacking any street frontage. (Please see Ordinance No. 08-01 packet for materials related to this item)
b. Resolution No. 08-05, Series of 2008, Resolution adopting Amended Investment Policies (Scott
Wright, Asst. Town Manager Finance) The Town's investment advisors have recommended a few
minor "housekeeping" type changes to the Towns investment policy. There are no financial implications
to these changes
8. NEW BUSINESS
9. UNFINISHED / OLD BUSINESS
a. Operating Agreement with the Vail Corporation d/b/a Vail Associates, Inc. related to Tract O,
Beaver Creek Subdivision as part of Town of Avon Water Park Activities (Justin Hildreth, Town
Engineer) Proposed agreement with Vail Corporation related to boat ramp within easement of Tract O;
agreement mandates operating season, hours, maintenance and security.
10. OTHER BUSINESS
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS:
February 12, 2008: Urban Renewal Authority Meeting for review of Resolution related to Bond Documents,
Proposed Ballot Question for Special Election, Comprehensive Plan Amendment related
to Attainable Housing, Preliminary Plans & Cost Estimate for Recreation Center
Remodel, Review of Model Development Agreement
March 25, 2008: Town of Avon, Village at Avon and Eagle County School District Land Negotiations
15. CONSENT AGENDA
a. Minutes from January 8, 2008
16. ADJOURNMENT
Avon Council Meeting.08.01.22
Page 4 of 4
IIFART o1 the \ALLFY
Memo
AVON
COLORADO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Gennett, AICP, Planning Manager 1j,'
Date: January 22, 2008 Meeting
Re: Second Reading of Ordinance No. 07-10, Village at Avon, Filing 1,
PUD Amendment Application (PUBLIC HEARING)
Summary:
The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the
owner of the property, Traer Creek -RP, LLC, is proposing to amend the Village at
Avon PUD. The proposed amendments to the PUD include a request to reconfigure
the planning area boundaries of Planning Areas H, Neighborhood Center, I,
Neighborhood Center, E, Village Residential; and F, Village Residential, for the
stated purpose of creating more of a buffer between commercial uses and the
adjacent residential neighborhood that currently exists along Eaglebend Drive. The
applicant is also proposing a text amendment to the PUD Guide that will result in a
modification to the current percentages and ratios of commercial -to -residential uses
in order to permit more residential density in areas that are presently planned for
more commercial square footage.
First reading of Ordinance No. 07-10 occurred at the November 13, 2007 Council
hearing, during which time a motion to approve the ordinance was passed with a roll
call of 5-1 (Underwood opposed) with the following modifications made as part of the
motion:
• Condition # 2 shall be modified to include the description contained in Section
l(12)(d) of the Village at Avon PUD Guide that specifically describes the
public amenity planned to be located on Planning Area C as an "ice skating
and events center";
• Condition #4 shall be modified as follows: include the reference to the Village
at Avon PUD Guide, and add a more definitive statement describing what the
developer is proposing regarding the specifics of the affordable housing
requirement (placement, types of units, size, quality, for sale or rental, etc);
• Condition #6 shall be modified to include the title of Ordinance No. 06-17 with
further details added to help clarify the passage of that legislation ;
• New Condition (#7) - The portion of Planning Area I added to Planning Area F
shall have a maximum allowable building height of 42 feet per the PUD
Guide, and there shall be no addition to the maximum amount of commercial
floor area allowed in Planning Area F (it will remain at a maximum of 10% of
the total floor area);
• New Condition (#8) - The minimum amount of commercial square footage
allowed in Planning Areas H and I shall be revised from 0% to 30%; and
• New Condition (#9) - Planning Area I shall be limited to the maximum
allowable building height of 35 feet as defined for certain residential zone
districts in Title 17 of the Avon Municipal Code.
The aforementioned modifications have been incorporated into the revised iteration
of Ordinance No. 07-10 for second reading as attached hereto. It is also important
to note that staff has revised condition #1 to provide for vested rights for the subject
Planning Areas for a period of ten (10) years, as opposed to the original condition of
five (5) years. Staffs rationale for recommending that Council extend the vested
rights period beyond five (5) years is as follows: (1) the applicant has applied to
amend the previous uses which have been in effect for nearly 10 years and,
therefore, the change in uses at this time suggests that a 10 -year vesting period is
appropriate; and (2) a 10 -year vesting period will accomplish the objectives set forth
in C.R.S. § 24-68-101, which include ensuring reasonable certainty, stability, and
fairness in the land use planning process in order to stimulate economic growth,
secure the reasonable investment -backed expectations of landowners, and foster
cooperation between the public and private sectors in the area of land use planning
while still preserving the prerogatives and authority of local government with respect
to land use matters. Furthermore, pursuant to C.R.S. § 24-68-104(2), consideration
of the relevant circumstances, including, but not limited to, the size and phasing of
development, economic cycles, and market conditions, suggest that 10 years is a
reasonable period to vest the proposed amendment based upon the Council's
consideration of such factors.
Additionally, please refer to the attached Staff Report, dated October 11, 2007, and
the accompanying materials, which include the applicant's proposal, for the specific
details of the applicant's request for an amendment to the Village at Avon PUD. Not
included in the report is an additional Condition of Approval (#6) which Staff added
since the October 16, 2007 Commission hearing. The proposed condition, which
was a previous condition of approval for the last PUD Amendment approved by the
Council in January 2007 (see Ordinance 06-17, attached), has not been satisfied
and contains restrictions relative to some of the planning areas included in the
proposed amendment.
Planning and Zoning Commission Recommendation:
The Planning & Zoning Commission held a public hearing on October 16, 2007, to
consider the applicant's proposal. At this hearing, the Commission forwarded a
recommendation of approval to the Avon Town Council, but declined to consider or
deliberate upon Staffs suggested conditions of approval and, instead, deferred said
conditions to Council for review and consideration. The Commission stated that it is
Ordinance No. 07-10, Village at Avon PUD Amendment
Town Council January 22, 2008 Regular Meeting (PUBLIC HEARING)
not within their purview to make decisions on the types of issues raised by Staffs
suggested conditions of approval, despite being counseled otherwise by the Town
Attorney during the meeting.
Staff Recommendation:
Staff recommends the Council APPROVE Ordinance No. 07-10 on second reading
as written and attached hereto.
Available Actions:
1) Approve on Second Reading Ordinance No. 07-10;
2) Table on Second Reading Ordinance No. 07-10; or
3) Deny on Second Reading Ordinance No. 07-10.
Town Manager Comments:
Attachments:
- Ordinance No. 07-10
- Staff Report to the Planning and Zoning Commission dated October 11, 2007
(includes all original attachments and the applicant's proposal)
Ordinance No. 07-10, Village at Avon PUD Amendment
Town Council January 22, 2008 Regular Meeting (PUBLIC HEARING)
HI \kl I:'i
TOWN OF AVON, COLORADO
ORDINANCE NO. 07-10
AN ORDINANCE APPROVING WITH CONDITIONS A PUD
AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON
PUD; PLANNING AREAS E, F, H, I AND J, FILING 1, VILLAGE AT
AVON SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE, AND
SETTING FORTH DETAILS IN REGARD THERETO
\- AVON'
COLORADO
WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to
amend the existing Planned Unit Development ("PUD") for the Village at Avon PUD; and
WHEREAS, the proper posting, publication and public notices for a hearing on October 16, 2007
before the Planning and Zoning Commission of the Town of Avon were provided as required by
law; and
WHEREAS, said application was heard at the October 16, 2007 Planning and Zoning
Commission hearing and the Commission forwarded a recommendation of approval to the Avon
Town Council, but declined to make a decision on the suggested conditions of approval contained
in the Staff Report dated October 11, 2007, and deferred said conditions to Council for their
consideration; and
WHEREAS, the Avon Town Council heard Ordinance No. 07-10 on November 13, 2007, and
approved it on first reading with the modifications and additions reflected herein; and
WHEREAS, said application at least partially complies with the Town of Avon Comprehensive
Plan's Goals, as required by section 17.20.110h(1) of the Avon Municipal Code with the
conditions of approval stated herein; and
WHEREAS, the terms of Condition # 1 in this ordinance to allow vesting for a period of ten (10)
years for Planning Areas E, F, H, I, and J will provide the developer reasonable time to complete
build -out based on the relevant circumstances, including, but not limited to, the size and phasing
of development, economic cycles and market conditions. Specifically, because: (1) the applicant
has applied to amend the previous uses which have been in effect for nearly 10 years and,
therefore, the change suggests that a 10 -year vesting period is appropriate; and (2) a 10 -year
vesting period will accomplish the objectives set forth in C.R.S. § 24-68-101, which include
ensuring reasonable certainty, stability, and fairness in the land use planning process in order to
stimulate economic growth, secure the reasonable investment -backed expectations of landowners,
and foster cooperation between the public and private sectors in the area of land use planning
while still preserving the prerogatives and authority of local government with respect to land use
matters. Furthermore, pursuant to C.R.S. § 24-68-104(2), the relevant circumstances, including,
but not limited to, the size and phasing of development, economic cycles, and market conditions,
suggest that 10 years is a reasonable period to vest the proposed amendment based upon the
Council's consideration of such factors; and
WHEREAS, the following criteria are to be considered when evaluating this type of application:
1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives.
2. Conformity and compliance with the overall design theme of the Town, the sub -area design
recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and adjacent properties
relative to architectural design, scale, bulk, building height, buffer zones, character, and
orientation.
4. Uses, activity, and density which provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the
property upon which the PUD is proposed.
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.
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.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural
features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate
that each phase can be workable, functional and efficient without relying upon completion of
future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation systems, roads,
parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within
the proposed PUD and in the vicinity of the proposed PUD.
WHEREAS, this PUD Amendment provides some limited evidence of compliance with the
public purpose provisions outlined in Section 17.28.085 of the Municipal Code; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT: the application to amend the Village at Avon PUD, Filing 1,
dated July 12, 2007, is approved subject to the following conditions of approval:
1.
Planning Areas E, F, H, I, and J shall be limited to a 10 year vesting period,
pursuant to the rationale previously expressed in this ordinance within the text of
the sixth Whereas clause;
2. Section I(12)(d) of the Village at Avon PUD Guide, which describes the
construction of an Ice Skating/Events Center to be commenced by the developer
on Planning Area C prior to the issuance of a certificate of occupancy for the
200, 000E square foot of commercial space on Planning Area A, shall be
amended to be the 200, 000th square foot of commercial space on Planning Areas
B, C, D, E, F, G, H, I, and J;
The applicant shall quantify the proposed traffic impacts with respect to trip
generation, impact to existing travel times, and stacking for all modes to the
3
satisfaction of the Town Engineer through submittal of a Traffic Study prepared
by a qualified licensed Traffic Engineer prior to the issuance of a building permit
within Planning Areas E, F, H, I, and J;
4. Prior to approval of this ordinance by Town Council, the applicant shall provide
sufficient language, in accordance with Section I.11 of the Village At Avon PUD
Guide(Affordable Housing Plan), to be incorporated within the PUD
Development Plan and the Annexation and Development Agreement for the
Village at Avon which guarantees a portion of the remaining attainable housing
requirement be realized in Planning Areas E, F, and H, and specifies the type,
location, size, quality, for -sale or rental, and other pertinent details;
5
The applicant shall initiate and properly maintain mass transit service
connecting the area known as West Avon within the Town to the easternmost
commercial parcels and Buffalo Ridge within the Town, at a level of service no
less frequent than is provided within other areas in the Town, from time -to -time,
and pursuant to Section 4.10 of the Village at Avon Annexation and Development
Agreement, prior to the issuance of a building permit within Planning Areas E,
F, H, I, and J; and
6. No subdivision or building permit applications will be accepted by the Town for
Village at Avon PUD Planning Areas A (excluding the portion described in
Exhibit "B" to Ordinance No. 06-17), B, C,D,E, or F until the applicant has
complied with Condition #1 contained in Ordinance 06-17, an ordinance
approving the relocation of Planning Area G -School Site, adopted on January
23, 2007;
7. The portion of Planning Area I added to Planning Area F shall have a maximum
allowable building height of 42 feet per the PUD Guide, and there shall be no
addition to the maximum amount of commercial floor area allowed in Planning
Area F (it will remain at a maximum of 10% of the total floor area);
8. The minimum amount of commercial square footage allowed in Planning
Areas H and I shall be revised from 0% to 30%; and
4
9. Planning Area I shall be limited to the maximum allowable building height of 35
feet as defined for certain residential zone districts in Title 17 of the Avon
Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of November, 2007, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 22nd day of January, 2008, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
5
THE VILLAGE AT AVON
CENTER OF THE VAIL VALLEY
Amendment to Planning Area Boundaries
& Commercial/Residential Floor Area Ratio
July 2007
Prepared by:
Mauriello Planning Group
Project Team
Owner:
Traer Creek
PO Box 640
Vail, CO 81658
Planning Consultant:
Mauriello Planning Group, LLC
PO Box 1127
Avon, CO 81620
Land Planning and Architecture:
Nick Milkovich Architects, Inc.
+ Arthur Erickson
#303 — 375 West 5th Avenue
Vancouver BC V5Y1J6
Landscape Architecture:
VAg, Inc.
90 Benchmark Road, Suite 202
Avon, CO 81620
Village At Avon — PUD Amendment
Mauriello Planning Group, LLC
1. Introduction
Traer Creek — RP, LLC is proposing an amendment to the Village at Avon Planned Unit
Development (PUD) in order to improve and refine the overall planning in certain planning areas
located on the valley floor. The proposed amendment responds directly to input the applicant has
received from members of the community as well as Town of Avon officials. The two concerns
that the applicant is specifically responding to are the proximity of commercial development and
uses to residential neighbors located on Eagle Bend Drive and lack of residential integration within
the commercial planning areas.
Traer Creek is proposing an amendment which includes a modification to the PUD Master Plan
(Sketch Plan) for the Village at Avon to modify and relocate the planning area boundaries for
Planning Areas H (Neighborhood Center), I (Neighborhood Center), E (Village Residential), and F
(Village Residential). This aspect of the amendment decreases the adjacency of commercial uses to
the adjacent residential area along Eagle Bend Drive. To address the residential integration concern,
the applicant is proposing a text change to the PUD guide to modify the current ratios of residential
and commercial uses in Planning Areas H, I, and J, to allow more residential floor area in the
commercial areas thus creating a more vibrant, village -like environment.
The proposed amendment is a refinement of the existing PUD that responds to the existing built
environment and community input. It addresses minor modifications to planning areas boundaries
and text changes to the PUD Guide which do not result in a change to the overall purpose of the
PUD and have no impact on the overall density and commercial square footage allowed within the
PUD.
Location Map
Village At Avon — PUD Amendment 1
Mauriello Manning Group, LLC
2. Detailed Description of the Amendments
A. Map Modification
Traer Creek is proposing to modify the PUD Sketch/Development Plan (aka, PUD Master
Plan) map to modify and relocate the planning area boundaries to accommodate future site
planning and to decrease the amount of commercial development adjacent to the Eagle
Bend area for the following planning areas:
• H — Neighborhood Center
• I — Neighborhood Center
• E — Village Residential
• F — Village Residential
As indicated in the map below, the essence of the amendment is to expand planning area H
(Neighborhood Center) to the west and overtake some acreage in E (Village Residential) and
then add the acreage lost in E to planning area F (Village Residential) by expanding F to the
east. The result is then a reduced area in planning area I (Neighborhood Center). The
changes are balanced in such a way that the densities and acreages remain unchanged in the
Village Residential areas and in the Neighborhood Center areas.
This portion of the proposed amendment is being proposed based on input we have
received from the Town and the community. The specific issue that this responds to is the
potential impacts to residential uses south of the railroad tracks by the current location of
the Neighborhood Commercial area represented by planning area I. The amendment would
reduce the impacts of commercial development on this adjacent residential area by
decreasing the adjacency of commercial uses to the existing residential areas.
Village At Avon — PUD Amendment 2
Mauriello Planning Group, LLC
This modification could be accomplished under the administrative amendment provisions
found in the PUD Guide; however the applicant has agreed to package this amendment with
a formal text change amendment, thereby proposing the amendment as a single formal
amendment to be acted on as such.
The resulting acreages and densities by planning area are:
Planning Area
Area E (Village Residential):
Area F (Village Residential):
Area H (Neighborhood Center):
Area I (Neighborhood Center):
Current
5.5 acres
9.5 acres
3.2 acres
5.7 acres
Proposed
1.0 acres
14.0 acres
7.7 acres
1.2 acres
B. Text Change to the PUD Guide
The second aspect of the amendment being proposed is a text change to the PUD Guide.
The section to be amended is section D, 4 shown below as currently in effect:
At final buildout of the particular Planning Area, the following minimum and
maximum ratios of commercial and residential development, stated as a
percentage of the aggregate square footage of development within the Planning
Area [e.g., commercial square footage -'- (commercial + residential square footage)
= percentage of commercial], shall apply within the following Planning Areas:
Planning Area Residential Commercial
Min% Max% Min% Max%
Village Center (A) 30% 80% 20% 70%
Village Residential (D,E,F) 90% 100% 0% 10%
Neighborhood Commercial
(H,l) 0% 20% 80% 100°/.
Regional Commercial (J,I,,L) 0% 20% 80% • • 100%
Again in response to comments we have received from the Town and the community, Traer
Creek is proposing to allow more residential integration within the Neighborhood Center
category (H and I planning areas) and Regional Commercial category Q planning area) which
currently only allows 20% of the total floor area to be residential. This increased integration
Village At Avon — PUD Amendment 3
Mauriello Planning Group, LLC
will allow for a more vital and active commercial areas. The proposed amendment would
change the maximum residential floor area percentage to 50% and decrease the minimum
commercial floor area to 50% to allow for this integration. Additionally, in order to increase
the commercial integration in Village Residential areas, Traer Creek is also proposing to
increase the maximum commercial floor area to 30% and decrease the minimum residential
floor area to 70% in the Village Residential areas. The proposed amendment is indicated
below (deleted text is indicated in ctrikcthrough and added text is indicated in bold italic):
Planning Area
Residential
Commercial
Min%
Max%
Min °/o
Max%
Village Center (A)
30%
80%
20%
70%
Village Residential (D,E)
90%
100%
0%
10%
Villoge Residential (F)
90% 70%
100%
0%
4-0% 30%
Neighborhood Commercial (H,I)
0%
20% 50%
S0% 50%
100%
Regional Commercial (K,L)
0%
20%
80%
100%
Regional Commercial (j)
0%
20 %50%
40974 50%
100%
Note: No residential development is being proposed at this time in planning areas K and L.
Additionally, the commercial percentage increase is not being proposed in D or E therefore, these
categories have been further refined.
Development Scenarios For Planning Areas H, I, and J With and Without the Proposed
Amendment
Below is a hypothetical development scenario for planning areas H, I, and J, provided as an example
to show the benefit of increasing the percentage of residential uses allowed in the commercial
planning areas within the Village at Avon. The proposed numbers provided do not necessary reflect
exactly what might be developed in the future but provide a snapshot of how it could be developed.
For the following development scenarios, we assumed the following:
• Commercial Floor Area = 185,000 sq. ft.
Scenario #1 (Existing PUD Limitation with 20% Residential Integration in Planning
Areas H, I, and J)
o Commercial Floor Area (80%) =
o Residential Floor Area (20%) =
o Total Floor Area (100%) =
185,000 sq. ft.
46,250 sq. ft.
231,250 sq. ft
At an assumed average of 1,300 sq. ft. for a dwelling units, the project could include a
total of 35 dwelling units (46,250/1,300 = 35.58).
The graphics below, also included in the appendix, graphically demonstrate Scenario #1:
Village At Avon — PUD Amendment 4
Mauriello Planning Group, LLC
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Village At Avon — PUD Amendment 5
Mauriello Planning Group, LLC
Scenario #2 (Proposed PUD Amendment with 50% Residential Integration in
Planning Areas H, I, and J)
o Commercial Floor Area (50%) = 185,000 sq. ft.
o Residential Floor Area (50%) = 185,000 sq. ft.
o Total Floor Area (100%) = 370,000 sq. ft
At an assumed average of 1,300 sq. ft. for a dwelling units, the project could include a total
of 142 dwelling units (185,000/1,300 = 142.31).
Consistent with community input, the second scenario would provide for a much more vital
and vibrant mixed use core, ultimately providing for more of a village development concept
and more of a desirable development concept. Under this development scenario, the
applicant would be providing additional diversity in terms of residential products within the
Village at Avon thus allowing for a more market driven focus.
The graphics below, also included in the appendix, graphically demonstrate Scenario #2:
Village At Avon — PUD Amendment 6
Maunello Planning Group, LLC
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Village At Avon — PUD Amendment
Mauriello Planning Group, LLC
3. PUD Criteria
The criteria for the establishment of a PUD are addressed below. As the proposed amendment is
generally a minor change to the approved PUD many of the criteria are somewhat irrelevant to the
scope of the proposed amendment. The Town's code does not contain special criteria for an
amendment to the PUD or for text changes to a PUD Guide. The same is true for changes to the
other PUD's approved in Avon, such as Wildridge and amendments thereto.
1. Conformity with the Avon Comprehensive Plan Goals and Objectives.
Analysis:
As with the original approval of the Village at Avon PUD, the proposed amendment conforms to the
Avon Comprehensive Plan Goals and Objectives. The amendment allows modification and refinement of
planning area boundaries and improved residential integration within the PUD without changing the
overall purpose of the PUD. The proposed amendment is specifically consistent with the following goals,
objectives and policies:
Policy A2.1: Parcels of land to be annexed will be master planned, in conformance with the
Land Use Plan and Design Standards, and clearly show physical, visual and functional connections
with the existing Town.
Goal B3: Maintain a balanced, diverse economic base that provides employment
opportunities for residents and sustainable tax base for the Town.
Policy C1.1: Maintain and enhance the character of the residential neighborhoods of the Town.
Goal C.1: Provide a balance of land uses that offers a range of housing options, diverse
commercial and employment opportunities, inviting guest accommodations, and high quality civic and
recreational facilities, working in concert to strengthen Avon's identity as both ayear-round
residential community and as a commercial, tourism and economic center.
Policy C 1.2: Ensure each development contributes to a healthy jobs/ housing balance in the
Town and surrounding area.
Goal C2: Ensure that Avon continues to develop as a community of safe, interactive, and
cohesive neighborhoods that contribute to the Town's overall character and image.
Policy C.2.1: Promote a wide range of residential uses including single family, duplex,
multifamily, and vertically integrated residential units (housing on the upper floors of mixed -use
commercial buildings) throughout the town.
Policy C2.2: Require new residential development to provide a variety of housing densities,
styles, and types based upon the findings of a housing needs assessment study.
Village At Avon — PUD Amendment 8
Mauriello Planning Group, LLC
Goal C3: Use mixed -use development to create a more balanced, sustainable system of land
uses.
Policy C.3.1: Require vertical andl or horizontal mixed -use development to occur in those areas
identified in the Future Land Use Plan for mixed -use to enhance the Town's ability to respond to
changing market conditions.
Goal C.4: Encourage sustainable commercial development that enhances Avon's overall
economic health, contributes to the community's image and character, and provides residents and
visitors with increased choices and services.
Goal D.1: Ensure that development and redevelopment is compatible with existing and
planned adjacent development and contributes to Avon's community image and character.
Policy D.1.1:
Policy D.1.2:
development.
Goal F.1:
population.
Encourage creative, forward thinking development consistent with adopted plans
Ensure that development and redevelopment responds appropriately to adjacent
Achieve a diverse range of quality housing options to serve diverse segments of the
Policy F.1.1: Establish policies and programs that would address housing needs identified in a
periodic housing needs assessment.
Policy F.1.2:
architectural
Encourage private development to include a diversity of housing types, sizes,
2. Conformity and compliance with the overall design theme of the Town, the
subarea design recommendations and design guidelines adopted by the Town.
Analsis:
The proposed amendment to the PUD will not change the design theme originally approved for the Village
at Avon. All uses will be subject to the design recommendations and guidelines already adopted for the
Village at Avon.
3. Design compatibility with the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
Analysis:
The proposed amendment to the PUD will not change the compatibility of uses originally approved for the
Village at Avon with respect to architectural design, scale, bulk, building height, buffer zones, character,
or orientation. All uses will be subject to the design recommendations and guidelines already adopted for
Village At Avon — PUD Amendment 9
Mauriello Planning Group, LLC
the Village at Avon. The proposed modification to planning areas F and I will help to improve
compatibility with the existing residential areas to the south.
4. Uses, activity and design which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
AnA alvsis
The proposed amendment to the PUD will improve the compatibility of uses originally approved for the
Village at Avon. The map modification responds to the potential impacts to residential uses south of the
railroad tacks by the current location of the Neighborhood Commercial area (Planning Area I) and
decreases the adjacency of commercial uses to the adjacent residential areas. The text change to the PUD
Guide allows for more residential integration with the Neighborhood Center and Regional Commercial
categories, which will encourage a more vital and active commercial area. The PUD will still maintain a
compatible, efficient, and workable relationship with surrounding uses. All uses will be subject to the
design recommendations and guidelines already adopted for the Village at Avon.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
Analysis:
The proposed amendment to the PUD will have no impact upon natural or geological hazards nor will
any natural or geological hazards have an impact upon the proposed planning areas being amended
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.
Analysis:
The proposed amendment to the PUD will allow the PUD to continue to maintain appropriate open
space areas, appropriate site planning, and building design to produce functional development which is
responsive and sensitive to natural features, vegetation and the overall aesthetic quality of the community.
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.
Analysis:
The proposed amendment to the PUD will not change the circulation system design for the project and
therefore remains consistent with the Town's transportation plan pursuant to the original approval. By
allowing more residential integration within the commercial areas, the reliance on the automobile will be
reduced for future residents of the mixed use areas. Pedestrian access will be improved by the amendment.
Village At Avon — PUD Amendment 10
Mauriello Planning Group, LLC
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
Analysi=s:
The proposed amendment to the PUD will not change the overall functional and aesthetic landscaping and
open space of the site.
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.
Analysis:
The proposed amendment to the PUD will have no impact on the overall phasing schedule for the Village
at Avon PUD as originally approved The approved PUD and annexation agreement included provision
for the phasing of improvements related to the impact of development. Traer Creek has provided those
required improvements in accordance with its agreements with the Town. These improvements include the
1-70 interchange, Highway 6 intersection improvements, Post Boulevard, sewer line connections and
extensions, to name a few. Traer Creek will continue to provide any infrastructure improvements as
required by the PUD and annexation agreements as they relate to the impacts created by development
within the PUD.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, police and fire protection.
Analysis:
Public facilities and uses remain unchanged and unaffected by the proposed amendment.
11. That existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Analysis:
The proposed amendment to the PUD will not change overall traffic generated by the project as uses are
generally being relocated within the existing PUD.
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.
Analysis:
The proposed amendment to the PUD will not change the development standards adopted for this PUD
other than the proposed ratio changes. The proposed benefits and justification for the changes are well
supported within this document and respond directly to input received from the Town and the community.
The development standards of the original PUD approval were found to be appropriate and consistent
Village At Avon — PUD Amendment 11
Maunello Planning Group, LLC
with the Town's standards as are the proposed modifications No additional density or development rights
are being created by this amendment.
Village At Avon — PUD Amendment 12
Mauriello Planning Group, LLC
Appendix
Letter to Town of Avon Verifying Submittal Requirements
Proposed PUD Master Development Plan
Conceptual Development Scenarios
Mauriello Planning Group
May 30, 2007
Matt Gennett, Senior Planner
Town of Avon
PO Box 975
Avon, Colorado 8 1620
Re: Amendment to the Village at Avon PUD
Dear Matt:
I wanted to thank you and Eric for taking time to meet with me regarding a proposed
amendment to the Village at Avon PUD. This letter is intended to provide a follow-up of
our discussion as well as arrive at an understanding of the submittal requirements
necessary based on the scope and character of the proposed amendment.
As you are aware, Traer Creek is proposing to amend the PUD Sketch/Development Plan
(aka, PUD Master Plan) map to modify and relocate the planning area boundaries to
accommodate future site planning for planning areas H (Neighborhood Center), I
(Neighborhood Center), E (Village Residential), and I (Village Residential). The essence
of the amendment is to expand planning area H to the west and overtake some acreage
in E and then add the acreage lost in E to planning area I by expanding I to the east.
The result is then a reduced area in planning area I. The changes are balanced in such a
way that the densities and acreages remain unchanged in the Village Residential areas
and in the Neighborhood Center areas.
This portion of the proposed amendment is being proposed based on input we have
received from the Town and the community. The specific issue that this responds to is
the potential impacts to residential uses south of the railroad tracks by the current
location of the Neighborhood Commercial area represented by planning area I. The
amendment would reduce the impacts of commercial development on this adjacent
residential area by decreasing the adjacency of commercial uses to the adjacent
residential areas.
This amendment could be accomplished under the administrative amendment provisions
found in the PUD Guide; however the applicant has agreed to package this amendment
with a formal text change amendment, thereby processing the amendment as a single
formal amendment.
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriellocomcast.net
The second aspect of the amendment being proposed is a text change to the PUD
Guide. The section to be amended is section D, 4 shown below:
At final buildout of the particular Planning Area, the following minimum and
maximum ratios of commercial and residential development, stated as a
percentage of the aggregate square footage of development within the Planning
Area (e.g.. commercial square footage +(commercial + residential square footage)
= percentage of commercial], shall apply within the following Planning Areas:
Planning Area Residential
Village Caster (A) 30% 80% 20% 70%
Village Residential (D,E,F) 903'. 100% 0% 10%
Neighborhood Commercial •
(N,1) 0% 20% 80% 100%
Regional Commercial (J,K,L) 0% 20% 80% • • 100%
Again in response to comments we have received from the Town and the community,
Traer Creek is proposing to allow more residential integration within the Neighborhood
Center category (h and I planning areas) and Regional Commercial (J, K, and L planning
areas) which currently only allows 20% of the total floor area to be residential. We
believe increased integration will allow for a more vital and active commercial areas. The
proposed amendment would change the maximum residential floor area percentage to
50% and decrease the minimum commercial floor area to 50% to allow for this
integration. Additionally, in order to increase the commercial integration in Village
Residential areas, Traer Creek is also proposing to increase the maximum commercial
floor area to 30% and decrease the minimum residential floor area to 70% in the Village
Residential areas.
The proposed amendments address minor modifications to planning areas boundaries
and text changes to the PUD Guide which do not result in a change to the overall
purpose of the PUD and has no impact to the overall density and commercial square
footage allowed within the PUD. Without approval of this amendment, Traer Creek will
still be able to develop the commercial areas but with less residential integration but we
agree with those in the Town that have promoted this as a positive change.
In reviewing the Town Code with regard to amendments to a PUD, it becomes apparent
that the Code anticipates that the application materials "may vary depending on the
complexity" of the proposed amendment and allows the Community Development
Department to waive certain submittal items. Given the scope and character of the
proposed amendment (administrative/text change), it becomes clear that certain
submittal items are unwarranted, unnecessary, or overly burdensome. We would request
P.O. Box 1127 • Avon. CO 81620
Office 970.748.0920 • Fax 970.748.0377 • rnaurieiloJcomcast.net
that the submittal requirements for an amendment to a PUD be waived by the
administrator except for the following:
• Legal description of the property (Lot I , Village at Avon, Piling I );
• Names and Addresses of all adjacent property owners within 300' of PUD;
• Written consent of the property owner;
• Application form and fee;
• A written statement describing the nature of the project, to include information
on proposed uses, densities, nature of the development proposed,
contemplated ownership patterns and phasing plans;
• Amended PUD Master Plan (aka, Development Plan Map as recently revised by
formal amendment);
• Amended language for Section D, 4; and
• Written description of compliance with Design Criteria ( 17.20. I I Oh).
Also, based on the scope and character of the proposed amendments, due to the fact
that the property being considered for the proposed amendments was previously
subdivided, and since the proposed amendments do not require a subdivision to
implement development, no subdivision application is necessary for the proposed
amendments.
We hope that you agree with our analysis of submittal requirements.
Thank you for your cooperation and I look forward to hearing from you.
Sincerely,
coma.ex.tacL.
Dominic P. Mauriello, AICP
Principal
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriello@corncast.net
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Staff Report
PUD Amendment COLOR ADO"
October 16, 2007 Planning & Zoning Commission Meeting
Report date
Project type
Legal description
Current zoning
Address
October 11, 2007
Planned Unit Development (PUD) Amendment
The Village at Avon Planned Unit Development,
Planning Areas H, I, E, and F
Planned Unit Development (PUD)
NA (No addresses assigned)
Introduction
The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the owner of the
property, Traer Creek -RP, LLC, is proposing to amend the Village at Avon (VAA) PUD. The
proposed amendments to the PUD include a request to reconfigure the planning area
boundaries of Planning Areas H, Neighborhood Center; I, Neighborhood Center; E, Village
Residential; and F, Village Residential, for the stated purpose of creating more of a buffer
between commercial uses and the adjacent residential neighborhood that currently exists along
Eaglebend Drive. The applicant is also proposing a text amendment to the PUD guide that will
result in a modification to the current percentages and ratios of commercial -to -residential uses
in order to permit more residential density in areas that are presently planned for more
commercial square footage. The proposed and revised PUD Development Plan is included as
Attachment A. Planning Area E is currently approved to be 5.5 acres and the applicant is
proposing to reduce it down to one (1) acre. Planning Area F is approved to be 9.5 acres in size
and the applicant is proposing to increase it to 14 acres. Planning Area H is presently approved
to be 3.2 acres in size and the applicant is proposing to increase it to 7.7 acres. Planning Area I
is currently approved at 5.7 acres in size and the applicant is proposing to decrease it down to
1.2 acres. In both the current and proposed versions of these planning areas, the total acreage
adds up to 23.9 acres (see tables depicted below).
Planning
Area
Approved
Proposed
E
5.5 acres
1 acre
F
9.5 acres
14 acres
H
3.2 acres
7.7 acres
I
5.7 acres
1.2 acres
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting
Page 2 of 11
Planning Area
Residential
Commercial
Minimum
Maximum
%
Minimum %
Maximum %
Village Center (A)
30
80
20
70
Village Residential (D, E)
90
100
0
10
Village Residential (F)
90 70
100
0
40 30
Neighborhood Commercial (H,
I)
0
20 50
80 50
100
Regional Commercial (K, L)
0
20
80
100
Regional Commercial (J)
0
20 50
80 50
100
(Existing % to be amended shown in strikethrough, proposed in bold)
Staff Recommendation
Staff recommends to the Avon Town Council approval of Ordinance 07-10 approving the
request to amend the Village at Avon PUD, as proposed, subject to the following conditions of
approval:
1. Planning Areas E, F, H, I, and J shall be limited to a 5 -year vesting period,
pursuant to Ordinance No. 06-09, the Town's vested rights regulations;
2. Section l(12)(d) of the Village at Avon PUD Guide shall be amended to
include Planning Areas B, C, D, E, F, G, H, I, and J;
3. The applicant shall quantify the proposed traffic impacts with respect to trip
generation, impact to existing travel times, and stacking for all modes to the
satisfaction of the Town Engineer through submittal of a Traffic Study
prepared by a qualified licensed Traffic Engineer prior to the issuance of a
building permit within Planning Areas E, F, H, I, and J;
4. At such time as formal approval by Town Council is granted for this
amendment, the applicant will have provided sufficient language to be
incorporated within the PUD development plan and annexation agreement
which guarantees a portion of the remaining attainable housing requirement
be realized in Planning Areas E, F, and H; and
5. The applicant shall initiate and properly maintain mass transit service
connecting West Avon to the easternmost commercial parcels and Buffalo
Ridge of the District, at a level of service no less frequent than is provided
within the Town, from time -to -time, and pursuant to Section 4.10 of the
Village at Avon Annexation and Development Agreement, prior to the
issuance of a building permit within Planning Areas E, F, H, I, and J.
It is important to note that the approval of a PUD Amendment does not mean anything definite
will occur within the context of an approved PUD development plan. According to Section 3.5 of
the Village at Avon Annexation and Development Agreement, there is "No Obligation to
Develop". Without an accompanying subdivision, or re -subdivision, application, there is no
trigger for mandatory, previous conditions of approval, and nothing is formalized to guarantee a
certain action will occur. A PUD Amendment alone may never reach fruition or be realized at
any point in the future because, in the end, the developer may choose to do something different,
than what is contemplated with the amendment, or nothing at all. Within the context of this
particular PUD, the only applications that cause a condition of approval to go into effect are an
application for subdivision, or a building permit application. However, careful scrutiny of such
PUD amendments is critical because they can result in an expanded range of flexibility for the
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 3 of 11
developer, the effects of which may result in unintended consequences for the PUD in question,
and the Town as a whole
Vested Property Rights
The applicant is requesting that, in accordance with Section H.1.(c) of the PUD Guide for The
Village (at Avon), the amendment and associated modifications to the PUD Master Plan create
vested property rights for the duration of the term set forth in Section 1.3 of the Annexation and
Development Agreement (35 years from 1998, of which 26 years remain).
Section H.1(c) of the PUD Guide requires that any amendment to it create vested rights for the
duration of the term set forth in Section 1.3 of the Annexation and Development.
However, by Ordinance No. 06-09, the Town's vested rights regulations were amended to
provide that any property right vested after June 1, 2006, remain vested for a period not to
exceed five years.
Accordingly, approval of the application will need to be conditioned (Condition #1) upon an
amendment to Section 1.3 of the Annexation and Development Agreement, adding the proviso
that any amendment to the PUD Guide and/or the Sketch/PUD Development Plan shall be
limited to a term of five years from the date of approval.
Public Benefits
Staff is recommending (Condition #2) that all Regional and Neighborhood Commercial Planning
Areas (A, B, C, D, E, F, G, H, I, and J) located on the "Valley Floor" of the PUD Master Plan be
subject to the public benefit language located in section l(12)(d) of the Village at Avon PUD
Guide. Currently, the provision for an Ice Skating/Events Center that is proposed for Planning
Area C is to be initiated by to the development of 200,000' square foot of commercial space
within Planning Area A. Staffs concern is that the balance of current commercial entitlements
(approximately 400,000 square feet) may be exhausted prior to triggering this public benefit. By
including Planning Areas B, C, D, E, F, G, H, I, and J (Neighborhood/Regional Commercial Plan
Designations), the Town has a greater opportunity to realize these benefits.
Transportation
Staff has also included a condition (Condition #5) requiring the provision of mass transit service.
To date, the traffic and mass transit demand created by the existing commercial development
within the VAA (e.g., Home Depot and Wal-Mart) has not been properly mitigated.
Demonstration of the mass transit demand has been recorded when Avon Transit provided
mass transit service (without reimbursement from the District) from June 2006 and April 2007;
ridership was substantial (12,850 service hours and 350,000 passenger -trips) and continued to
increase throughout this time. Any subsequent development will only increase traffic and transit
demand and exacerbate this problem. Immediate initiation of mass transit service connecting
West Avon to the east -most commercial parcels of the District, and the Buffalo Ridge Affordable
Housing Project, should be required in conjunction with any amendment or further project action
by the District.
Staff has also requested a provision of a Traffic Study — The amendment refers to compliance
with the Town's "Transportation Plan", however, it does not reference any specific document.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 4 of 11
The proposed amendment has not demonstrated consistency with Avon's current transportation
planning, traffic engineering, transit planning, or multi -modal initiatives (see Policy G.1.10). The
applicant should quantify its proposed impact with respect to trip generation, impact to existing
travel times, and stacking for these modes, to the satisfaction of the Town Engineer through
submittal of a Traffic Study prepared by a qualified, licensed Traffic Engineer.
Housing
The application states that one of the driving principles of the amendment request is to improve
the "diversity" of housing and increase the mix of uses based on input from the community. Of
equal importance is the balance and mix of attainable housing. One of the shortcomings of the
existing Village at Avon PUD is the lack of integration regarding the attainable housing at
Buffalo Ridge since it is isolated from the rest of the uses within the Village at Avon as a whole.
The current application is an opportunity for the applicant to offer a tangible public benefit that
meets one of the Comprehensive Plan's goals, which is to provide a wide spectrum of housing
options integrated into the community.
Background
Prior Amendments to Annexation and Development Agreement
The original Annexation and Development Agreement was entered between EMD LLC, PVRT
NOTT I LLC, PVRT NOTT II LLC, PVRT NOTT III LLC, and the Town of Avon on October 13,
1998 and later recorded with Eagle County on November 25, 1998. This agreement provided
vesting and property rights for the Village (at Avon) annexation property.
Amendment #1
Approved by Ordinance No. 01-16 on November 13, 2001 & recorded December 10, 2001 with
Eagle County. Amends portions of the original agreement including: responsible parties and
ownership are clarified, Administrative Amendment No. 1 to the Development Plan is correctly
referenced, 1-70 Improvements and related bonding for construction, East Beaver Creek
Boulevard Improvements, Swift Gulch Road Improvements, Public Works Site, one acre Fire
Station dedication, Retail - Real Estate Transfer Fee - Accommodation Lodging Fees, Use tax /
fee establishment, lost sales tax revenues for Wal-Mart and City Market.
Amendment #2
Approved by Ordinance No. 03-08 dated May 27, 2003 & recorded July 30, 2003 with Eagle
County. This amendment changed the Highway 6 Exaction requirement and replaces it with a
Highway 6 Trail Exaction requirement. The trail exaction was for the design and construction
costs for sections of the pedestrian trail system along Highway 6. Trail exaction was a result of
public concerns expressed by Eagle -Vail residents through their Metro District and the County
Commissioners. It includes a cost sharing agreement outlining funding for the project.
Amendment #3
Approved by Ordinance No. 04-17 on October 26, 2004 & recorded December 22, 2004 with
Eagle County. This amendment addresses two issues: 1) Correcting the method of computing
the cost of police services and agrees to a new formula that reflects that the Village pay for the
actual cost of police services provided to it; and 2) Deferment of the construction of the
improvements on East Beaver Creek Boulevard from 2005 to completion in 2009. This is a
result of the development pattern so far primarily taking place on the east side of the Village
property.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 5 of 11
PUD Amendment History
Administrative PUD Amendment #1
Request: Amendment to the PUD Development Plan map showing planning area locations, and
general street alignments. This amendment also moved the location of the school tract to the
north side of the Interstate. Action: Approved administratively with signature of the Community
Development Director on May 14, 2001.
Administrative PUD Amendment #2
Request: PUD Guide Amendment to permit building setback encroachment for Lot 3, Filing 1
(Planning Area K), from Fawcett Road Right -of -Way for Southwest corner of Wal-Mart and
associated outdoor nursery sales center. Action: Approved administratively and recorded
February 19, 2002 with Eagle County via 'Certificate of Landowner Request.'
Administrative PUD Amendment #3
Request: PUD Guide amendment that prioritizes the sale and rental of the requirement
employee housing units first to people employed in the Village (at Avon) property, second to
people employed in the Town, and third to people employed in Eagle County. Action: Approved
by Community Development director and recorded May 15, 2002 via 'Certificate of Landowner
Request.'
Administrative PUD Amendment #4
Request: Amendment to PUD Guide, specifically adding language concerning swift gulch road
allowing for 11' travel lanes with 2' shoulders in sections that include a 10' wide paved
separated pedestrian trail. Language added to supplemental Regulations, Section 1.5 Design
and Improvement s Standards as a new subsection (b) (vi). Action: Approved by Community
Development director administratively and recorded May 15, 2002 via 'Certificate of Landowner
Request.'
Formal PUD Amendment #1 (Denied)
Request: Submitted on May 30, 2003 and included the following points:
• Creating an additional 19.2 acres of Regional Commercial (Planning Area Q)
immediately adjacent to the new interstate exchange. This commercial area is
divided by Post Blvd. into separate parcels. The east parcel is approximately 7.8
acres and the west side consists of two parcels: 7.8 acres and an additional 3.6
acres. As a frame of reference: Christy Lodge is 6.35 acres and Original Wal-
Mart 6.33 acres.
• Planning Area Q also includes 1.0 acre for the Fire District Regional Facility as
required by the Annexation and Development Agreement.
• Relocating the school site to Planning Area M and increasing the planning area
for the school site by almost 2.0 acres.
• Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of
useable acreage for the community park is limited to 3.4 acres. The existing
topography and steep slopes were not considered in the original planning area
designation for the Community Park. Traer Creek LLC has agreed to replace the
park area when RMF-1 and RMF-4 are developed. The Village (at Avon) still
retains approximately 500 acres of open space.
• Increasing Planning Area RMF-1 from 146 residential dwelling units (24.2 acres -
6.0du/acre) to 307 residential dwelling units (30.7acres - 10.0du/acre).
• Providing a mix of 310 dwelling units on RMF-4 which surrounds the new school
site. Planning Area M is specifically excluded in the Village at Avon PUD Guide
from the total development rights currently approved. Therefore, this amendment
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 6 of 11
includes the addition of 310 dwelling units (8.0du/acre) to the previously
approved 2,400 dwelling units for the Village (at Avon). Since the additional
density is above what has been previously approved, Staff has recommended
transit services be required for this development area combined with the school
to mitigate the impacts and isolation from the rest of the Town of Avon.
Action: The Planning Commission approved Resolution 03-14 after four public hearings,
recommending approval to Council. The Town Council approved Resolution 03-41
which denied the amendment.
Formal PUD Amendment # 2 (Approved)
Request submitted on October 3, 2006, and included the following points:
• Relocation of Planning Area G on the PUD Development Plan, which will remain
designated for a school to be operated by the Eagle County School District;
• Planning Area D has been adjusted to allow the school to be located within its
previous boundaries; and
• Planning Area N, which is, by way of this text amendment to the PUD Guide, the
site upon which two separate facilities for the Eagle County Health Services
District and the Eagle River Fire Protection District will be located.
Action: The Planning and Zoning Commission approved, with conditions, Resolutions
06-16 and 06-17. The Town Council approved Ordinance 06-17, thereby allowing the
amendments outlined above.
Surrounding Land Uses:
The existing land use and zoning for the surrounding properties are as follows:
• North: Interstate 70
• South: Medium -High Density Residential / Village at Avon PUD
• West: Mixed Use / Village at Avon PUD
• East: Mixed Use / Village at Avon PUD
This application is a noticed public hearing with written notice provided to property owners within
300' of the subject property. To date staff has received no public comments regarding the
applicant's requests. In addition to the required public notice, staff has transmitted the
application material to the following agencies, with their comments summarized below:
Eagle County School District Comments
To date, staff has not received a response to our request for comments.
Eagle River Water and Sanitation District
To date, staff has not received a response to our request for comments.
Colorado Department of Transportation
To date, staff has not received a response to our request for comments.
Eagle County Planning Department
Eagle County did not have specific referral comments related to this application.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 7 of 11
Eagle County Fire Protection District
To date, staff has not received a response to our request for comments.
Colorado Department of Wildlife
To date, staff has not received a response to our request for comments.
Eagle County Health Services District
To date, staff has not received a response to our request for comments.
ECO Trails
A letter from Ellie Caryl is attached for the Commission's review.
Proposed Amendments
Attached to this report is a summary of the requested amendments (Attachment A) to the current
PUD Guide map and the Development Plan, as prepared by the applicant. The proposed
amendments are detailed in the introduction section of this report.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following criteria 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 sections within the Comprehensive Plan that offer policy direction relative to the
proposed land uses are the Future Land Use Plan, the District 7 (Village at Avon West
District) special area policies, and the General Goals and Policies of the Plan.
The Future Land Use Plan designates the planning areas proposed to be amended by this
application as Residential -High Density and Neighborhood Commercial. The general area
upon which the applicant has proposed amendments is identified on the District Priorities
Map as a Medium Priority District. The subject properties are also located within District 7:
Village at Avon West District, which designates the area as a "pedestrian -oriented urban
village".
The Comprehensive Plan also identifies several regional policy goals related to land use
and development patterns that should be reviewed with respect to the proposed Village at
Avon PUD amendment. The goals and policies that pertain are as follows, each with a
review comment regarding this application's compliance:
Goal C.1: Provide a balance of land uses that offers a range of housing options,
diverse commercial and employment opportunities, inviting guest accommodations,
and high quality civic and recreational facilities, working in concert to strengthen
Avon's identity as both a year-round residential community and as a commercial,
tourism and economic center.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 8 of 11
Review Comments: The changes proposed involve shifting the location and type of
proposed development, including the reallocation of commercial and residential uses within
Planning Areas F, H, I, and J; in addition to modifying the approved physical size of
Planning Areas E, F, H, and I. In consideration of the broad scope of Goal C.1, the impacts
of this text amendment upon the remainder of the Village at Avon PUD as a whole must be
given careful consideration. Staff is concerned about the impacts of enlarging Planning
Area H and increasing its maximum residential percentage from 20% to 50% of the total
square footage; while concurrently lowering the minimum commercial percentage on
Planning Area H from 80% to 50% of the total square footage. Likewise, increasing the
maximum residential percentage from 20% to 50% of the total square footage on Planning
Area J; while concurrently lowering its minimum commercial percentage from 80% to 50% of
the total square footage is of concern as well. The pattern of development that has occurred
thus far in the Village at Avon PUD has resulted in infrastructure inefficiencies, particularly
with respect to transit, and this proposed amendment will likely only serve to exacerbate
those inefficiencies. Similarly, because the proposed amendment will likely result in an
increased residential density in the subject planning areas, there should be a formal
consideration given to achieving a diverse range of housing with this application. The
application mentions, in passing, the policy objective of creating or contributing to an overall
diversity of housing options, but no commitment has been made on behalf of the applicant to
inject some attainable housing options into this amendment proposal. Staff suggests this is
an appropriate time to request that some of the residential capacity involved with this
proposal be formally dedicated and restricted to attainable housing units. Also, with regard
to transit, since this amendment will produce an increased level of inefficiency based on the
development pattern from east to west, a commitment to contributing toward a transit
system to serve this increased residential population located well outside the Town's core is
appropriate at this time.
Additionally, under the broad scope of Goal C.1 is the topic of high quality civic and
recreational facilities working in concert to strengthen Avon's identity. Given the amount of
commercial square footage contemplated (approximately 185,000) within the subject area,
staff is concerned about the impacts on the build -out of Planning Areas A, B and C. There
is a threshold of commercial development that must be reached in Planning Area A in order
for the Ice Skating/Events Center planned for on Planning Area C to be realized, and staff is
concerned that this application may preclude the development of these highly beneficial
civic uses. In this regard, staff has recommended a condition of approval related to a
tangible public benefit, such as the uses approved for Planning Area C, to be achieved prior
to the approval of further amendments, such as this one.
Goal F.1: Achieve a diverse range of quality housing options to serve diverse
segments of the population.
Review Comments: As stated above, this is an opportunity to make a formal commitment
toward achieving a diverse range of housing within the core area of the Village at Avon
PUD. At present, the applicant has not proposed anything specific with respect to injecting
an amount of attainable housing into the planning areas proposed to be modified with this
application.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
No specific or detailed designs have been submitted with this proposal. The Village (at
Avon) Design Review Board governs design review for the entire PUD.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 9 of 11
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
No specific or detailed designs have been submitted with this proposal; however, schematic
renderings depicting possible cross sections of buildings with vague bulk and mass studies
have been submitted with this application.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
As outlined in the first criterion under this section, the uses, activity, and density that will
result from this PUD amendment may not provide a compatible, efficient, and workable
relationship with surrounding uses and activity. However, staff has recommended
conditions centered on the phasing sequence, transit, and attainable housing, which will
result in this criterion could being met.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There do not appear to be any natural or geologic hazards on the area of property upon
which this PUD amendment is proposed.
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposed PUD amendment, as submitted, does not appear to impact this criterion.
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.
As detailed above, there is no change proposed to the circulation system designed for the
PUD, however, the Town's existing transit system is not designed for residential and
commercial densities located well beyond the village core of Avon.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
Landscaping and open space associated with the proposed amendment have not been
planned beyond a conceptual level. Additionally, the Village at Avon Design Review Board
governs design review for the entire PUD.
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.
No phasing plan has been submitted, and phasing of public improvements will be
coordinated through the subdivision review process.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Transportation systems have not been given consideration with this PUD amendment
proposal; however, staff has recommended a condition to address how this application will
further exacerbate the inefficient conditions of development which are observable thus far in
the existing state of the Village at Avon PUD.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 10 of 11
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The road and street improvements will be reviewed through the subdivision process. It
should be noted however that the developer is required to complete the final construction of
the roads in this area, complete with streetscape, with the subdivision process.
12. That the PUD or amendment to PUD requested provides evidence of substantial
compliance with the following public purpose provisions, as outlined in Section
17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose, which the current zoning entitlements
cannot achieve.
No demonstrable public purpose is contained within the PUD amendment requested with
this application beyond what the applicant claims could result in more of a buffer between
the existing residences on Eaglebend Drive and new commercial uses in the subject
Planning Areas. The approval of this PUD amendment application alone will not guarantee
that any buffer is achieved between residential and commercial uses.
B. Approval of the zoning application provides long term economic, cultural or social
community benefits that are equal to or greater than potential adverse impacts as a result of
the changed zoning rights.
The potential adverse impacts of the proposed zoning application will outweigh any potential
long term economic, cultural or social community benefits unless such elements as an ice
skating rink or events center are specifically tied down with conditions of approval for an
application such as this.
C. The flexibility afforded in approval of the zoning application will result in better siting of
the development, preserving valued environmental and cultural resources, and increasing
the amount of public benefit consistent with the community master plan documents.
There exists no guarantee within the contents of the subject application, as submitted, that
the approval of this proposal will result in better siting of the development, preserving valued
environmental and cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents. However, with a few well worded conditions of
approval to which the applicant would be willing to adhere, this criterion could be met with a
tangible link to the elements contemplated herein.
If you have any questions regarding this project or any planning matter, please call me at 748-
4002, or stop by the Community Development Department.
Respectfully submitted,
Matthew R. Gannett, AICP
Senior Planner
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
The Village at Avon, PUD Amendment
October 16, 2007 Planning & Zoning Commission meeting Page 11 of 11
Report Attachments
Attachment A: PUD Amendment Application Packet
Attachment B: Vicinity Map
Attachment C: Pertinent Excerpt from the Approved Annexation and Development Agreement
Attachment D: Letter from ECO Trails dated August 31, 2007
Attachment E: Letter from the Applicant received October 11, 2007
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
EXHIBIT C
Town may withdraw its offer to enter into this Agreement. If Owner withdraws the Annexation
Petition, either party withdraws its offer to enter into this Agreement, or if Final Approval does
not occur, then this Agreement shall be deemed void and of no force or effect, the Property shall
be deemed not annexed to the Town, and the vested property rights described in this Agreement
shall be deemed not established.
ARTICLE 3
Zoning and Vested Rights
3.1 PUD Zoning. Upon annexation of the Property, the entire Property shall be zoned
as a PUD as provided in this Agreement and in the Development Plan.
3.2 Permitted Uses/Design Standards. The permitted uses of the Property, the density
and intensity .of use (including, without limitation, 650,000 square feet of Commercial Space and
2,400 Dwelling Units, including 500 affordable housing units, all as more specifically described
in the PUD Guide), the maximum height, bulk and size of proposed buildings, Project design
standards, provisions for reservation or dedication of land for public purposes, the general
location of roads and trails, the ability of Owner to relocate roads, trails and improvements, and
other terms and conditions of development applicable to the Property and the Project shall be
those set forth in this Agreement and the Development Plan, as amended from time to time in
accordance with Section 1.4.
3.3 Vesting of Property Rights. Owner and the Town agree that (a) this Agreement,
the Development Plan and the Sketch Plan constitute an approved "site -specific development
plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal
Code, and (b) that the owners of the Property shall have vested property rights to undertake and
complete development and use of the Property and the Project as provided in this Agreement. the
Development Plan and the Sketch Plan. Pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
3.4 Property Rights Vested. The rights identified below shall constitute the vested
property rights under this Agreement:
(a) The right to develop, plan and engage in land uses within the Property and
the Project in the manner and to the extent set forth in and pursuant to this Agreement, the
Development Plan and the Sketch Plan.
(b) The right to develop, plan and engage in land uses within the Property and
the Project in accordance with the densities, physical development standards and other physical
parameters set forth in the Development Plan.
(c) The right to develop the Project in the order, at the rate and at the time as
market conditions dictate, subject to the terms and conditions of this Agreement and the
Development Plan.
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(d) The right to develop and complete the development of the Project
(including, without limitation, the right to receive all Town approvals necessary for the
development of the Project) with conditions, standards and dedications which are no more
onerous than those imposed by the Town upon other developers in the Town on a uniform, non-
discriminatory and consistent basis, and subject only to the exactions and requirements set forth
in this Agreement and the PUD Guide; provided that such conditions, standards and dedications
shall not directly or indirectly have the effect of materially and adversely altering, impairing,
preventing, diminishing, imposing a moratorium on development, delaying or otherwise
adversely affecting any of the Owner's rights set forth in this Agreement or the Development
Plan.
(e) The Town shall not initiate any zoning, land use or other legal or
administrative action that would directly or indirectly have the effect of materially and adversely
altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying
or otherwise adversely affecting any of the Owner's rights set forth in this Agreement or the
Development Plan.
3.5 No Obligation to Develop. Owner shall have no obligation to develop all or any
portion of the Project and shall have no liability to the Town or any other party for its failure to
develop all or any part of the Project. Owner and the Town contemplate that the Project will be
developed in phases. Owner shall have no obligation to develop all or any portion of any such
phase, notwithstanding the development or non -development of any other phase, and Owner
shall have no liability to the Town or any other party for its failure to develop all or any portion
of any such phase of the Project.
3.6 Compliance with General Regulationg. Except as otherwise provided in this
Agreement or the Development Plan, the establishment of vested property rights under this
Agreement shall not preclude the application on a uniform and non-discriminatory basis of Town
regulations of general applicability (including, but not limited to, building, fire, plumbing,
electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or
the application of state or federal regulations, as all of such regulations exist on the date of this
Agreement or may be enacted or amended after the date of this Agreement, provided that such
newly enacted or amended Town regulations shall not directly or indirectly have the effect of
materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of Owner's rights set forth in this
Agreement or the Development Plan. Owner does not waive its right to oppose the enactment or
amendment of any such regulations.
ARTICLE 4
Public Facilities: Revenue Sharing
4.1 Access: Roads. Access, ingress and egress to, from and within the Project shall
be provided as generally described in the Development Plan. Owner contemplates that one or
more of the Districts shall construct the roads within the Project in accordance with standards set
forth in the PUD Guide and dedicate such roads to the Town, whereupon the Town shall accept
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27 Svs Fisfw
9 of 36 R 181.00 D 9.00 N 0.00 Esglo CO
(ii) An annual price appreciation cap of 3%, or such higher percentage
as the Town Council may approve from time to time, will be
established.
(iii) If and when an owner moves out of his or her unit, he or she will
be required to sell his or her unit to Owner or a Qualified Buyer.
(iv) The rental units will be targeted to households earning between
50% - 80% of the ECMFI. Rents shall not exceed 30% of the
tenant's monthly income, adjusted for household size, including
utilities, for which allowances are determined annually by the
Colorado Housing Finance Agency.
(v) Capital improvements to a for -sale unit may be made up to ten
percent of the original purchase: price of the unit every ten years.
No restrictions on capital improvements shall be placed on rental
units.
(vi)
In addition to the annual price appreciation, real estate
commissions not to exceed three percent (3%) and closing costs
shall be allowed for re -sales of for -sale units after the initial sales
of such for -sale units by the Owner.
(vii) First time home buyers shall be exempt from Real Estate Transfer
Fees as set forth in the Annexation and Development Agreement.
(e) Subject to receiving all required permits and approvals therefor, Owner
will assure that a minimum of 100 affordable housing units will be
constructed in conjunction with the initial phase of commercial and/or
residential construction within the Project (but not in connection with the
construction of infrastructure in preparation for such initial phase of
commercial and/or residential construction).
12. Provision of Certain Amenities.
3%$O$ 14 MLAYER
(a) Community Park (Planning Area N):
(i) Construction of the initial fifty percent (50%) of the community
park shall be commenced prior to the date that the Town's
obligation arises to issue a certificate of occupancy for the
Dwelling Unit constituting the 601' Dwelling Unit within the
Property that otherwise is eligible to receive a certificate of
occupancy.
(ii) Construction of the second fifty percent (50%) of the community
park shall be commenced prior to the date that the Town's
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obligation arises to issue a certificate of occupancy for the
Dwelling Unit constituting the 12001° Dwelling Unit within the
Property that otherwise is eligible to receive a certificate of
occupancy.
(iii) Once commenced, construction of the improvements contemplated
in (i) and (ii) above shall be prosecuted with due diligence in
accordance with sound construction practices.
(b) Pocket Parks (Planning Areas PI - P6) and Bike Trails:
Pocket parks and bike trail improvements shall be commenced and
prosecuted with due diligence in accordance with sound construction
practices concurrently with development of immediately adjacent parcels.
(c) Community Center (Planning Area B):
CO
Construction of the initial phase of the community center shall -be
commenced prior to the date that the Town's obligation arises to
issue a certificate of occupancy for the Dwelling Unit constituting
the 601'a Dwelling Unit within the Property that otherwise is
eligible to receive a certificate of occupancy.
(ii) Construction of the second (final) phase of the community center
shall be commenced prior to the date that the Town's obligation
arises to issue a certificate of occupancy for the Dwelling Unit
constituting the 1200' Dwelling Unit within the Property that
otherwise is eligible to receive a certificate of occupancy.
(iii) Once commenced, construction of the improvements contemplated
in (i) and (ii) above shall be prosecuted with due diligence = in
accordance with sound construction practices.
(d) Ice Skating/Events Center (Planning Area C):
Construction of the ice skating/events center shall be commenced prior to
the date that the Town's obligation arises to issue a certificate of
occupancy for the Commercial Space including the 200,000th square foot
of floor area for which the Town has issued a certificate of occupancy for
Commercial Space within Planning Area A. Once commenced,
construction of the ice skating/events center shall be prosecuted with due
diligence in accordance with sound construction practices.
156101.14 MLAYER
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Exhibit D
eCOtrails
.....
...
Town of Avon
Community Development Department
Attn: Matt Gennett
PO Box 975
Avon, Colorado 81620
August 31, 2007
RE: Amendment to the Village at Avon PUD' Case No. Z-PU2006-2
Dear Matt,
Thank you for requesting development review comments from the ECO Trails staff and committee
regarding the Village at Avon proposed PUD amendment.
As you are aware, Avon is a partner in the effort to create a regional trail system that connects
communities as well as provides bicycle and pedestrian travel routes within communities. Currently, the
regional trail system is not connected from central Avon to Eagle -Vail near Dowd Junction despite ECO
Trails efforts as a citizen advocacy group to encourage the connection through the Village at Avon
property on the north side of I-70.
This PUD amendment process is an opportunity to complete a long-awaited trail section. We urge the
Town of Avon to require a 20 foot wide trail easement at this time, across the parcels identified as RMF-1
and Tract M on the PUD map submitted with the amendment application as a benefit for the citizens of
Avon and Eagle County.
Please do not hesitate to contact me if you have any questions.
ON BEHALF OF THE ECO EAGLE VALLEY TRAILS COMMITTEE
biz?
Ellie Caryl
ECO Trails Program Manager
cc:
Eric Heidemann, Avon Community Development Director
ECO Eagle Valley Trails Committee
Eagle County Regional Transportation Authority (ECO) Board
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EXHIBIT E
Mauriello Planning Group
October 9, 2007
Planning and Zoning Commission
C/O Matthew R. Gennett, AICP Senior Planner
Town of Avon
PO Box 975
Avon, Colorado 81620
Re: Conditions of Approval — Traer Creek Amendment
Dear Planning and Zoning Commission Members:
RECEIVED
OCT 1 1 2007
Community Development
This letter is intended to respond to the proposed conditions of approval as put forth in the staff
report to the Planning and Zoning Commission (P&Z) dated August 15, 2007 for the hearing on
the proposed Planned Unit Development (PUD) Amendment for the Village at Avon PUD. This
item was first scheduled for hearing on August 21 and was subsequently tabled to the October
16th meeting of the P&Z at the applicant's request.
The applicant has several issues and concerns with all of the proposed conditions of approval.
We will address the specifics of each but in general we find that the proposed conditions violate
the provisions of the Village at Avon PUD Guide ("PUD Guide") and the Annexation and
Development Agreement ("Annexation Agreement") for the property, and also violate the legal
standard requiring that conditions of approval or exactions have a reasonable relationship to the
impacts created by the proposal or that there is a rational nexus between the condition or
exaction being enforced and the impacts of the proposed application.
By way of background, Section 1.3 of the Annexation Agreement states that the term of "the
vested property rights established under this Agreement shall commence on the Effective Date
and shall continue until the 35`h anniversary of the Effective Date." (emphasis added). Section
4.3(e) of the Annexation Agreement (emphasis added) states that the Town "shall not initiate any
zoning, land use or other legal or administrative action that would directly or indirectly have the
effect of materially and adversely altering, impairing, preventing, diminishing, imposing a
moratorium on development, delaying or otherwise adversely affecting any of the Owner 's rights
set forth in this Agreement or the Development Plan" (as defined in Section 1.1.9 of the
Annexation Agreement, the PUD Guide and the Sketch/PUD Development Plan).
Section A.2 of the PUD Guide provides that the vested property rights "shall remain vested for
the term set forth in Section 1.3 of the Annexation and Development Agreement." This
provision further provides that subsequently approved amendments to various elements of the
vested rights documentation, including amendments to the PUD Guide and the Sketch/PUD
Development Plan, are within the scope of the "site specific development plan" for which vested
P.O. Box 1127 • Avon, CO 81620
Office 970.748 0920 • Fax 970.748.0377 • mauriello@comcast.net
property rights are established through the 35th anniversary of the Effective Date. Similarly,
Section A.4 of the PUD Guide (emphasis added) contemplates that any generally applicable
regulations adopted by the Town "shall not directly or indirectly have the effect of materially
and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of the Owner's rights set forth in the
Annexation and Development Agreement or the Development Plan." Section A.5 of the PUD
Guide restates this same language in the context of resolving conflicts between Municipal Code
provisions and the provisions of the Development Plan and/or the Annexation Agreement.
All of the foregoing is pursuant to C.R.S. § 24-68-101, et seq., including Section 24-68-
103(1)(c), which specifically provides that "A vested property right shall attach to and run with
the applicable property and shall confer upon the landowner the right to undertake and complete
the development and use of said property under the terms and conditions of the site specific
development plan including any amendments thereto. (emphasis added).
Let's examine these proposed conditions individually.
Proposed Condition #1:
1. Planning Areas E, F, H, 1, and J shall be limited to a 5 -year vesting period, pursuant to
Ordinance No. 06-09, the Town's vested rights regulations;
Our Analysis:
As should be clear from the background discussion regarding vested property rights, this
condition is contrary to the express language of the Annexation Agreement, the PUD Guide and
the vested property rights statute. In sum, the vesting period is 35 years from the Effective Date
of the Annexation Agreement and PUD Guide. There is a vested right to have amendments to
those documents remain vested for the balance of the full 35 year term, notwithstanding any
subsequent amendment to the Municipal Code that in other contexts would limit the term of
newly established vested property rights. The original rationale for the 35 year vesting period
has not changed, and nothing in the proposed PUD amendment justifies a reduction in the
vesting period. This proposed condition appears to be a gratuitous and punitive attempt to
rewrite the Annexation Agreement when the proposed PUD amendment is simply a refinement
of the existing PUD that seeks to do nothing more than organize existing densities and uses in a
manner that responds to input from the Town and the community to produce a better
development with less impacts to existing residents to the south. Therefore, the applicant
declines to waive its vested property right to a 35 year term as a condition of approval for this
PUD amendment.
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriello@comcastnet
2
Proposed Condition #2:
2. Section I(12)(d) of the Village at Avon PUD Guide shall be amended to include Planning
Areas B, C, D, E, F, G, H, I, and J;
Our Analysis•
Section I(12)(d) states the following:
(d) Ice Skating/Events Center (Planning Area C):
Construction of the ice skating/events center shall be commenced prior to the date that
the Town's obligation arises to issue a certificate of occupancy for the Commercial Space
including the 200,000th square foot of floor area for which the Town has issued a
certificate of occupancy for Commercial Space within Planning Area A. Once
commenced, construction of the ice skating/events center shall be prosecuted with due
diligence in accordance with sound construction practices.
The proposed condition of approval (an exaction) proposes to amend the provision so that it is no
longer tied to development in Planning Area A, but also to Planning Areas B, C, D, E, F, H, I,
and J.
The amendment proposed by the applicant seeks to amend the floor area percentages and the
area boundaries within planning area H, I, J, E, and F in order to refine the existing entitlements
to produce a better project with less impacts to existing residents to the south. There is no
relationship whatsoever between the proposed amendment and the requirement for an ice
skating/events center on Planning Area C triggered by development in Planning Area A. Our
proposed amendments do not increase the residential density or the amount of commercial
square footage allowed within the PUD. The proposed amendment does not reduce, affect, or
change the amount of commercial space that can be developed within Planning Area A. To the
contrary, we believe the proposed amendment may result in less commercial space development
in Planning Areas H, I, and J, thus leaving more commercial square footage available for
development in Planning Area A. We believe that this has surfaced as a condition in an attempt
to rewrite the Annexation and Development Agreement.
If the Planning and Zoning Commission applies the criteria within the Town Code and
provisions adopted in the Annexation and Development Agreement and the PUD Guide for this
project, it should find that there is no reasonable relationship or rational nexus between the
proposed amendment and the exaction being sought by this condition.
Moreover, as discussed above in the context of the vested property rights for this project,
imposition of this condition would clearly impair our existing obligations and commitments
regarding the trigger for constructing the ice skating/events center. This proposed condition also
appears to have no rationale other than to impose a gratuitous and punitive condition on an
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriello@comcast.net
3
amendment with respect to which there should be no substantive issues. Therefore, the
applicant declines to waive its vested property right to the trigger of the ice skating/events center
obligation as a condition of approval for this PUD amendment.
Proposed Condition #3:
3. The applicant shall quantify the proposed traffic impacts with respect to trip generation,
impact to existing travel times, and stacking for all modes to the satisfaction of the Town
Engineer through submittal of a Traffic Study prepared by a qualified licensed Traffic
Engineer prior to the issuance of a building permit within Planning Areas E, F, H, I, and
J;
Our Analysis:
The proposed amendments seek to integrate more residential development within the commercial
planning areas H, I, and J, and to marginally increase the amount of commercial floor area in
planning area F. A traffic report was prepared for this project when it was originally approved
and indicated the projected volumes of traffic within the PUD. The proposed amendments do
not change the projected volumes of traffic forecast within the Village at Avon PUD as the total
allowance for commercial space (650,000 sq. ft.) and limitation on total number of dwelling
units (2,400 dwelling units) remain unchanged with the proposed amendments. The applicant
agrees to provide a site -specific update to the original traffic study for the Village at Avon upon
making application for something that triggers this requirement in the Town Code such as a
resubdivision within planning areas E, F, H, I, or J.
The applicant agrees to a modified condition of approval.
Proposed Condition #4:
4. At such time as formal approval by Town Council is granted for this amendment, the
applicant will have provided sufficient language to be incorporated within the PUD
development plan and annexation agreement which guarantees a portion of the remaining
attainable housing requirement be realized in Planning Areas E, F, and H; and
Our Analysis:
Section I.11 of the PUD Guide contains the complete affordable housing plan for the project, and
is part of the vested rights discussed above. This requires provision of 500 affordable housing
units meeting the criteria set forth in Section I.11. Subparagraph (e) requires a minimum of 100
affordable housing units with the initial phase of commercial and/or residential construction.
This requirement has been exceeded, as 244 affordable housing units were provided with the
initial phase of commercial development. As of this date, while no market rate housing units
have been constructed within the project, 144 affordable units more than required already exist.
There are no further linkages in the PUD Guide pertaining to the timing or location of additional
affordable housing units. In fact, Section I.11 states "Owner will provide for affordable housing
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriello@comcastnet
4
within the Property at locations determined by Owner in its sole discretion ..." (emphasis
added). Again, the total number of affordable units and the flexibility as to their location is part
of the vested property rights.
The proposed amendments would allow there to be more residential floor area and consequently
more residential dwelling units developed within the commercial planning areas H, I, and J at the
expense of dwelling units elsewhere within the PUD. The amendment does not grant additional
residential density for the PUD. The total number of dwelling units within the PUD is capped at
2,400 units. The proposed amendment seeks to improve the character of the remaining
commercial areas and allow for a more village (neo-traditional) development pattern. The
amendment has no effect on the provisions of affordable, attainable, or employee housing
generated or required by the PUD. There is therefore no reasonable relationship or rational
nexus between the imposed condition or exaction and the proposed amendment.
If the Planning and Zoning Commission applies the criteria within the Town Code and
provisions adopted in the Annexation and Development Agreement and the PUD Guide for this
project, it should find that there is no relationship or rational nexus between the proposed
amendment and the exaction being sought by this condition.
Notwithstanding the foregoing, this proposed condition seeks to dictate both when and where
affordable housing units will be provided. This proposed condition also appears to have no
rationale other than to impose a gratuitous and punitive condition on an amendment with respect
to which there should be no substantive issues. For the reasons discussed above, the applicant
declines to waive its vested property right, as a condition of approval for this PUD amendment,
to determine where and when additional affordable housing units will be provided. That said, one
likely result of approving the proposed PUD amendment will be to increase residential density
within the commercial planning areas of H, I, and J. The dwelling units created within this
commercial village area will likely result in less value per sq. ft. than if these units were
developed in other areas within the PUD. The end result may therefore be that the units created
by this amendment (not new units, but relocated units) will be more attainable in nature and,
should the applicant so determine in the exercise of its discretion, potentially be utilized to
further implement and satisfy the requirements of the affordable housing plan set forth in Section
I.11 of the PUD Guide.
Proposed Condition #5:
5. The applicant shall initiate and properly maintain mass transit service connecting West
Avon to the easternmost commercial parcels and Buffalo Ridge of the District, at a level
of service no less frequent than is provided within the Town, from time -to -time, and
pursuant to Section 4.10 of the Village at Avon Annexation and Development
Agreement, prior to the issuance of a building permit within Planning Areas E, F, H, I,
and J.
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriello@conicastnet
5
Our Analysis•
The proposed amendment to allow for more residential integration within commercial areas of
the project does not have a direct impact on the need for mass transit service within the Village at
Avon. In fact due to the introduction of residential units in planning areas H, I, and J there
should be a net reduction in need for transit service. People living within these planning areas
will have a reduced need for transportation due to the proximity of commercial uses and services
in the area. Whereas, if no residential uses were developed in these planning areas all consumers
would have to rely upon some form of transportation to access the commercial uses located
onsite.
As with condition/exaction number 2 above, the proposed condition seeks to rewrite the
Annexation and Development Agreement for the Village at Avon. That agreement states that
any bus or shuttle service is "at the request of the District" (the District refers to the Metro
District for the Village at Avon). As recent history has shown, some members of the Town
Council and staff dislike this provision of the Annexation and Development Agreement as
written and believe the District should be providing this transit service currently. The Village at
Avon Metro District is not a party to the proposed application and there is clearly no reasonable
relationship or rational nexus between the proposed condition or exaction and the proposed
amendments.
If the Planning and Zoning Commission applies the criteria within the Town Code and
provisions adopted in the Annexation and Development Agreement and the PUD Guide for this
project, it should find that there is no relationship or rational nexus between the proposed
amendment and the exaction being sought by this condition.
Because this is a District obligation, and the proposed condition of approval affects an element of
the vested property rights created in the Annexation Agreement, it is something to which the
District would need to consent and is not within the applicant's ability to make a commitment.
For the foregoing reasons, the applicant requests that this condition not be included in any
motion for approval.
Thank you for considering our concerns with the proposed conditions of approval.
Sincerely,
Dominic F. Mauriello, AICP
Principal
P.O. Box 1127 • Avon, CO 81620
Office 970.748.0920 • Fax 970.748.0377 • mauriello@comcastnet
6
IILART nt the \',\III
Memo
COLORADOAVON
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planner II
Date: January 22, 2008 Meeting
Re: First Reading of Ordinance No. 08-01 (PUBLIC HEARING)
PUD Amendment
Lot 38, Lot 39, Tract O, Block 4, Wildridge
Summary:
The applicant, Tambi Katieb of Land Planning Collaborative, representing the owner
of the property, Frank Hamel, is proposing to amend the Wildridge PUD. The
proposal is to rezone Lots 38 and 39, Block 4, Wildridge Subdivision from the
currently entitled three (3) duplexes (or 1 duplex and 1 fourplex) to five (5) single-
family residences and an open space tract. The five (5) newly platted lots are
proposed with building envelopes, green building standards, and home size
restrictions.
The applicant is proposing to enter the subject properties from Wildridge Road East
with a driveway cut through Tract O, a Town owned parcel. In the event the Town
Council approves the access in this location, the Town will work with the property
owner to record an access easement across this Town owned parcel.
As required by the Municipal Code, a preliminary subdivision is being reviewed
concurrently with the PUD Amendment application. Relief is being sought, in the
form of a Variance application, from the Municipal Code section that requires each
lot of a subdivision to have a linear street frontage span on a dedicated street of not
less than twenty-five (25) feet. As proposed, three (3) of the six (6) lots would not
meet this requirement, hence the request for the variance.
This is the first reading of Ordinance No. 08-01, an Ordinance approving this PUD
Amendment application. Please refer to the attached Staff Report, dated October
31, 2007, and the accompanying materials, which include the applicant's proposal,
for the specific details of the applicant's request and all required review criteria.
Planning and Zoning Commission Recommendation:
The Planning & Zoning Commission held six public hearings to consider the
applicant's proposal. Hearings were conducted on the following dates: June 19,
2007; July 17, 2007; September 4, 2007; November 6, 2007; October 16, 2007; and
December 4, 2007.
At their December 4, 2007 hearing, the Planning & Zoning Commission forwarded a
recommendation (through Resolution 07-05) of approval to the Avon Town Council,
with prescriptive conditions upon which their recommendation is contingent. The
majority of the conditions have been incorporated in the applicant's revised
application, dated November 29, 2007. The remaining recommended conditions of
approval are incorporated in the attached Ordinance No. 08-01, for Council review
and approval.
It is important to note that Staff recommended denial of the original application as
submitted, which did not include the conditions incorporated into the attached,
revised application submittal, or the two additional conditions listed in Ordinance No.
08-01. Staffs recommendation to the Commission was based on the findings listed
in Section VIII of the attached Staff report, dated October 31, 2007. The resolution
from the Planning and Zoning Commission, Resolution No. 07-05, is attached for
your reference and captures the conditions of approval crafted by the Commission.
Recommended Motion:
"I move to APPROVE Ordinance No. 08-01 on first reading, as written and with the
recommendation of the Planning and Zoning Commission."
Available Actions:
1) Approve on First Reading Ordinance No. 08-01; or
2) Table on First Reading Ordinance No. 08-01; or
3) Deny on First Reading Ordinance No. 08-01.
Town Manager Comments:
Attachments:
Ordinance No. 08-01
Resolution No. 08-04
Planning and Zoning Commission Resolution 07-05, Recommending Approval
Staff Report to the Planning and Zoning Commission dated October 31, 2007
(including attachments)
Ordinance No. 08-01, Hamel PUD Amendment
Town Council January 22, 2008 Regular Meeting (PUBLIC HEARING)
TOWN OF AVON
ORDINANCE NO. 08-01
SERIES OF 2008
AvoN
COLORADO
AN ORDINANCE APPROVING, WITH CONDITIONS, THE PLANNED UNIT
DEVELOPMENT (PUD) AMENDMENT APPLICATION FOR LOT 38, LOT 39,
AND TRACT O, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Tambi Katieb of Land Planning Collaborative, representing the owner of
Lot 38 and Lot 39, Block 4, Wildridge, has applied for a Planned Unit Development
("PUD") Amendment, pursuant to Section 17.20.110 of the Avon Municipal Code; as
presented in the application dated November 29, 2007; and
WHEREAS, pursuant to the notice required by law, the Planning & Zoning Commission
of the Town of Avon held public hearings on June 19, 2007, July 17, 2007, September 4,
2007, November 6, 2007, and December 4, 2007, and
WHEREAS, the Planning & Zoning Commission forwarded a recommendation of
approval, with conditions, to the Town Council through Resolution 07-05; and
WHEREAS, the Town Council approved this Ordinance No. 08-01 on first reading after
public hearing on January 22, 2008; and
WHEREAS, the following criteria are to be considered when evaluating this type of
application:
1. Conformance with the Town of Avon Comprehensive Plan Goals and
Objectives.
2. Conformity and compliance with the overall design theme of the Town, the
sub -area design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
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.
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.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and efficient
without relying upon completion of future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as outlined
in Section 17.28.085 of the Avon Municipal Code; and
WHEREAS, after holding a public hearing at their January 22, 2008 meeting, the Town
Council finds this application in conformane with the following review criteria:
1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives.
2. Conformity and compliance with the overall design theme of the town, the sub-
area design recommendations and design guidelines of the Town.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
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.
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.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and efficient
without relying upon completion of future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
12. That the PUD amendment provides evidence of substantial compliance with the
following public purpose provisions, as outlined in Section 17.28.085 of the Avon
Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The amendment to Lot 38, Lot 39, Block 4, Wildridge, as more specifically
described in the revised application dated November 29, 2007, subject to the following
conditions:
1. A separate design review process will be implemented for the driveway; prior
to grading permit; at which time a full geologic report and landscape plan will be
provided for design review; and
2. Stronger dust mitigation measures will be included in the PUD, stronger than
the Town's current dust mitigation guidelines.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 22"d day of January, 2008, and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council on the l2`h day of
February, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400
Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of , 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
TOWN OF AVON
RESOLUTION NO. 08-04
SERIES OF 2008
C0L0RAD0N.:.
A RESOLUTION APPROVING SUBDIVISION VARIANCE FOR THE
PROPOSED HAMEL P.U.D., A RESUBDIVISION OF LOT 38, LOT 39, AND
TRACT O, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, Land Planning Collaborative has applied for a Preliminary Subdivision
Plan and Subdivision Variance approval for the proposed Hamel P.U.D. a Resubdivision
of Lot 38, Lot 39, and Tract O, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado; and
WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of two lots
into five single-family lots with access by easement from an existing public street,
through Town owned Tract O; and
WHEREAS, said Variance application is to allow the creation of three lots that do not
have a frontage width of at least 25 feet on a dedicated street as required by Section
16.40.330 of the Avon Municipal Code; and
WHEREAS, The Town Council of the Town of Avon has considered the Variance
request with the following criteria:
1) A strict, literal application of the subdivision regulations would result in
an undue hardship to the subdivider due to the purpose, size, shape location and
character of the proposed subdivision;
F: Council Resolutions 2008 Res No. 08-04 Hamel Subdivision Variance.doc
2) 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;
3) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town hereby finds and determines that the
Proposed Subdivision Variance for Lot 38 and Lot 39, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado is hereby approved based on the following findings:
1) A strict, literal application of the subdivision regulations would result in
an undue hardship to the subdivider due to the purpose, size, shape location and
character of the proposed subdivision;
2) 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;
3) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question.
ADOPTED THIS
ATTEST:
Patty McKenny, Town Clerk
DAY OF , 2008.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
F: Council' Resolutions 2008 Res No. 08-04 Hamel Subdivision Variance.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION No. 07-05
C O L O R A D O
A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN
OF AVON COUNCIL OF THE PLANNED UNIT DEVELOPMENT
(PUD) AMENDMENT APPLICATION FOR LOT 38, LOT 39, AND
TRACT O, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO; AND SEETING FORTH DETAILS IN
REGARD THERETO
WHEREAS, Tambi Katieb of Land Planning Collaborative, representing the owner of Lot
38 and 39, Block 4, Wildridge Subdivision, has applied for a PUD Amendment, pursuant
to Section 17.20.110 of the Avon Municipal Code; as presented in the application
received May 4, 2007; and
WHEREAS, Pursuant to the notices required by law, the Planning & Zoning Commission
of the Town of Avon held public hearings on June 19, 2007, July 17, 2007, September
4, 2007, November 6, 2007, and December 4, 2007, at which time the applicant and the
public were given an opportunity to express their opinions and present certain
information and reports regarding this PUD Amendment request; and
WHEREAS, The Planning and Zoning Commission held a public hearing on December
4, 2007, and found the application in substantial compliance with the following criteria
mandatory review criteria:
1. Conformance with the Town of Avon Comprehensive Plan Goals and
Objectives.
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
F:IPlanning & Zoning ConunissionlResolutionsl?007LRes 07-05 L38.39.TrctO B4WR PUD Amend Approval Reccomendation.doc
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character, and orientation.
4. Uses, activity, and density which provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
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.
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.
8. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and
efficient without relying upon completion of future project phases.
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
11. That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
12. That the PUD amendment provides evidence of substantial compliance with
the following public purpose provisions, as outlined in Section 17.28.085 of the
Avon Municipal Code;
NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission of the
Town of Avon, Colorado, hereby recommends that the Town Council approve the PUD
F:IPlanning & Zoning Com,nissionlResol,itionsl?0071Res 07-05 L38.39.TrctO B4WR PUD Amend Approval Reccomendation.doc
Amendment application, for Lot 38, Lot 39, and Tract O, Block 4, Wildridge Subdivision,
Town of Avon, Eagle County Colorado, with the following conditions of approval:
1. The new design language presented at the December 4, 2007 hearing,
including height restrictions for Lot 38E, revised building envelope for Lot 38E,
and the square footage reduction from 5,000 to 4,000 square feet (including
garage) be incorporated into the governing documents, including the land
subdivision plat;
2. A separate design review process will be implemented for the driveway; prior
to grading permit; at which time a full geologic report and landscape plan will be
provided for design review;
3. Stronger dust mitigation measures will be included in the PUD, stronger than
the Town's current dust mitigation guidelines, and be addressed with staff; and
4. Design revisions for Lot 38E, as shown on the applicant's presentation slide
show at the December 4, 2007 Commission's hearing, will be worked through
with staff and included in the PUD prior to submittal to Town Council.
ADOPTED AND REAFFIRMED THIS 15th DAY OF JANUARY, 2008
Signed:
Date: C I CI 0
Chair
Attest:
4
Secretary
Date:
F. Planning & Zoning Commission:Resolutions' 2007 Res 07-05 L38.39.TrclO B4WR PUD Amend Approval Reccomendation.doc
Staff Report
PUD Amendment AvON
November 6, 2007 Planning & Zoning Commission Meeting
COLORAD
0
Report Date
Project Type
Legal Description
Current Zoning
October 31, 2007
Planned Unit Development Amendment
Lots 38 & 39, Block 4, Wildridge Subdivision; &
Tract O, Block 4, Wildridge Subdivision
Lot 38: 2 Units (Duplex)
Lot 39: 4 Units (2 Duplexes or 1 Fourplex)
Tract O: Drainage, Access, and Utility
I. Introduction
The applicant, Land Planning Collaborative, is proposing an amendment to the
Wildridge PUD. The proposal is to rezone Lots 38 and 39, Block 4, Wildridge
Subdivision from the currently entitled 3 duplexes (or 1 duplex and 1 fourplex) to five
single-family residences. The five newly platted lots are proposed with building
envelopes, and home sizes would each be restricted to 5,000 square feet in size.
Building design and "ECObuild" standards would be tied to the new properties.
This application has been revised since the original submittal. While the general site
planning layout is consistent with the original submittal utilizing a shared driveway
concept; the number of single-family lots has been reduced from six to five. The
previous "move -up" housing unit proposed for one-half of a future duplex on Lot 110,
Block 1, Wildridge Subdivision has been eliminated from the proposal. Pursuant to
feedback received at the July 17, 2007 Planning and Zoning Commission meeting, the
applicant is now proposing to enter the sites from the road with a driveway cut through
Tract O, a Town owned parcel.
Steep existing topography typifies the subject properties, with most of the street
frontage and areas within Lot 39 containing slopes of over 40%. A shared private
driveway for the five single-family homes is being proposed.
This report outlines all of the mandatory review criteria in Section V of this report for the
Planning and Zoning Commission and Town Council to consider when reviewing this
application. Based on review of the criteria outlined in Section V of this report, Staff is
recommending DENIAL of this application. The findings which form the basis for this
recommendation can be found in Section VIII of this report.
Town of Avon Community Development
(970) 748-4030 Fax (970) 949-5749
Hamel PUD — CONTINUED PM HEARING
November 6, 2007 Planning & Zoning Commission meeting Page 2 of 13
II. Discussion
Staff struggles with this revised application due to the absence of a previously proposed
`move -up' housing unit. While the site planning work has been improved, and single-
family home sites would be compatible with the immediate neighborhood, the Public
Purpose provisions and the Comprehensive Plan's housing policies cited in this report
make it difficult for Staff to support this application in its current form. Staff provided
support for the previous application, largely due to the `move -up' housing provision that
benefited the community, and responded to the Housing Needs Assessment (Dec
2006). All zoning applications must demonstrate a public benefit that cannot be
achieved under existing entitlements, which this proposal does not.
Green building standards and the possibility of utilizing this subdivision as a pilot project
in Avon for the ECObuild standards are positive attributes, and are encouraged for all
buildings in Town. However, it is difficult to ignore the level of disturbance and
retainage required to install the driveway and utilities proposed in the first phase of
construction. The ECObuild standards and green building techniques would result in
efficient buildings that could be achieved without a zoning application on a voluntary
basis.
The rezoning and subdivision variance requests are not necessary to implement these
positive practices. The fundamental question is whether or not the removal of one
development right constitutes a benefit to the community? The current (revised)
application is predicated upon the fact that the removal of one dwelling unit and the
inclusion of ECObuild standards are benefits that could not be achieved without a
zoning application.
III. Background
Benchmark Properties created the 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 original Wildridge "Specially Planned Area" (now considered a "PUD" by default)
and the accompanying Subdivision plat, were established with a specific purpose and
intent: to offer a diverse range of housing types and options to serve a diverse local
population. As such, the housing types in the Wildridge PUD and Plat are diverse:
single-family homes, duplexes, triplexes, four-plexes, etc - because the housing needs
of the local population were, are, and continue to be diverse. It was not platted as a
solely single-family home subdivision and PUD for a reason: Avon's local population is
not homogenous.
The population of Avon is comprised of diverse segments of the local (and global)
population based on such attributes as income, household size, age, and lifestyle
choices (i.e. - single, married, married with children, etc). Wildridge was designed on
the premise that not everyone wants, or can afford, to live in a single-family house.
When a four-plex, or a duplex, is rezoned and broken out into single-family homes, or
effectively "down -zoned", the diversity inherent in the original plat and plan is
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diminished, incrementally, over time with each and every such request for a rezoning.
Concomitantly, the original purpose and intent of Wildridge is gradually unraveled,
leaving fewer housing options for the local population. The intrinsic value of the
diversity of housing types imbedded in the original plat and PUD plan become
diminished every time a planned type of multi -family housing type, including a duplex,
gets reduced to a single-family house product. Additionally, .when a four-plex, or a
duplex, gets "down -zoned" to separate single-family houses, the corresponding site
disturbance with such a configuration increases proportionally with each newly
separated -out unit (individual excavation for each foundation, impervious surfaces, roof
forms, etc).
By way of contrast, Mountain Star is a PUD and Subdivision comprised of solely single-
family houses located on large lots meant to serve one homogenous segment of the
population, arguably, a largely "second homeowner" population.
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 some PUD amendments and transferring of development rights.
Recently, there have been amendments wherein development rights have been altered
and replatted. The most recent amendment was for the Dry Creek PUD in Block 2 of
the subdivision, wherein a fourplex lot was converted to three single-family residences.
This PUD amendment was also predicated on approval of a subdivision variance, and
reduced the number of dwelling units by one.
Construction of the Dry Creek PUD is now complete, and demonstrates the resulting
appearance and disturbance experienced with additional separated single-family
structures, as opposed to existing zoning. It should be noted that Staff recommended
denial of the Dry Creek PUD, citing the following reasons:
(1) The application failed to meet or advance land use and housing
goals/policies (Policy A1.5, C1, C1.4 of the 1996 Comp Plan) relative to
establishing or maintaining an appropriate mix of dwelling unit types for both
lower and middle -income seasonal and year-round residents and their families;
(2) The proposed development may be compatible in design, scale, and use
with the types housing in the area, however a multi -family building would also
be compatible with multifamily developments in the area, particularly the
enclave of multi -family developments along Draw Spur;
(3) Although the applicant proposed to reduce the allowable lot coverage by
10%, the extent of total site disturbance for 3 single-family residences may
exceed the extend of total site disturbance of a clustered fourplex development;
The other recent PUD Amendment approval was for the Western Sage PUD in Block 4.
That development converted three triplex lots and one duplex lot (total of 11
development rights) into 8 single-family lots. Both of these PUD amendments were
approved prior to the public benefit provisions being incorporated into the Town of Avon
Zoning Code.
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IV. Public Notice Requirement
This application is a noticed public hearing with written notice provided to all property
owners within 300' of the subject property. To date, Staff has been in contact with
several adjacent and surrounding property owners. Several public comment letters
have been received since submittal. All written public comment letters received to date
are attached to this report as Exhibit D.
V. PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following criteria
shall be used as the principal criteria in evaluating this application. According to Code,
"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.
District 24 Wildridge Residential District (Comp Plan Page 98-99)
The subject properties are located in the "Wildridge Residential District." The
Comprehensive Plan acknowledges the limited number of existing trees and the
general open character of the Subdivision. The Comprehensive Plan states that
"special care should be taken to ensure that all structures are compatible with one
another and in harmony with the natural surroundings."
One of the planning principles for this district is to "site buildings of varying sizes
along the street to maximize sun exposure, protect views, be compatible with
existing surrounding development, and break up building bulk." The proposed land
use and layout appear to be compatible with existing surrounding development by
respecting existing view corridors, and further restricting the allowed placement of
structures on the sites with building envelopes. The southern exposure has been
capitalized with the proposed subdivision layout.
Future Land Use Plan (Comp Plan Page 27)
The Future Land Use Plan envisions continued "Residential Low Density"
development on the subject properties. Residential Low Density development is
intended to provide sites for single-family, duplex, and multi -family dwellings at a
density no greater than 7.5 dwelling units per acre. This application is in compliance
with the Future Land Use Plan, with a density of approximately 2.3 units per acre.
This calculation excludes all areas that would be classified by the Zoning Code as
"non -developable", or in excess of 40% existing slope.
Goals and Policies (Comp Plan Pages 37 - 63)
The Comprehensive Plan contains several regional policies related to land use and
development patterns that should be reviewed with respect to all proposed PUD
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plans in Town. Some of the policies that pertain to this application include the
following:
Policy B.2.3: Encourage cluster style development in areas of less
density to promote creative and efficient site design that avoids
impacts on environmental resources and augments open space.
Staff Comment: This application proposes a cluster style development in a low -
density neighborhood. While platted open space is a positive attribute, it is unlikely
this development application would result in a net increase of open space. There
would be considerable degradation to the open space (Tract 39F) for construction of
the driveway, utilities, and associated retaining walls.
Policy C.1.1: Ensure that proposed development projects conform to
the Future Land Use Plan's designations and are a scale and intensity
appropriate for the planning district which they are located.
Staff Comment: If density were calculated per Avon Zoning Code, Lots 38A -38E
would be at a density of approximately 2.3 units per acre of "developable" land. This
density is appropriate for the Wildridge Residential District.
Policy C.2.2: Require new residential development to provide a variety
of housing densities, styles, and types based upon the findings of a
housing needs assessment study.
Staff Comment: The Town of Avon Housing Needs Assessment was completed in
December, 2006. This study finds a lack of most price ranges, particularly units
below $450,000 value in Avon and Eagle County. As proposed, the expected
housing type would far exceed this targeted home value. The previous submittal
earmarked one-half of a future duplex unit on Lot 110, Block 1, Wildridge
Subdivision, for a 'move up' housing unit.
Staff found this potential `move -up' housing unit to be a strong community benefit;
which to some degree eclipsed concerns with the potential for additional second
homes in the subdivision.
Policy F2.2: Require that workforce housing is integrated with, rather
than separated from, the rest of the community.
Staff Comment: This application does not further this Policy, and may move in the
opposite direction.
Policy H.1.4: Require appropriate revegetation for all development that
requires grading and excavating.
Staff Comment: The applicant states that sagebrush and drought tolerant grasses
would be planted in areas receiving over -lot grading. These areas "shall require the
use of temporary overhead irrigation systems until established." These provisions
appear to be responsive to the site's existing vegetation.
Policy H.2.1: Avoid development in environmental hazard areas such as
floodplains, steep slopes, areas with geologic hazards, wildfire hazard
areas, and areas with erosive soils.
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Staff Comment: Development is proposed within areas of steep existing
topography. The shared driveway can be considered a benefit; however, it is likely
that development would reach further up the steep hillside with this approach,
thereby making it more visible.
Policy H.4.3: Require the use of innovative and environmentally friendly
building techniques including water conservation approaches for new
development.
Staff Comment: The applicant is proposing 'green standards' to be incorporated into
this development. Additionally, some of the ECObuild standards work to provide
water efficient development. ECObuild appears to be a positive, measurable
approach to facilitate environmentally friendly building techniques. It would be
difficult to enforce or guarantee that these standards would be met.
The applicant is proposing to meet the minimum number of points required for the
home sizes proposed (5,000 sq. ft. maximum), which would be 60 points or more. It
is Staffs understanding that points could be quantified at building permit submittal.
2. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and Design Guidelines of the Town.
There is a conceptual site plan drawing included in the plan set. There is also a
sample elevation drawing on Page 7 of the applicant's submittal, which
demonstrates the general materials and colors that would be utilized in this enclave
type development. While the elevation is not binding, it suggests a high level of
quality and architectural style.
In Section III of the applicant's submittal, there are PUD Design Standards which
require the 5 structures to be limited to the same material palette and architectural
style. All walls are to be constructed of stone, timber, and/or wood siding.
Within each residence the applicant is proposing some fundamental "Green
Footprint" standards for energy conservation including: 'Energy Star' appliances, in -
floor radiant heat, 'Low -E' glass requirements, etc. There are also ECObuild
standards that would be applied to each new lot. The entire model ECObuild
regulations are included in the applicant's binder for your review.
Where the PUD criteria are silent to architectural standards, the Town's Residential,
Commercial, and Industrial Design Review Guidelines would apply. The Town's
Guidelines put emphasis on the overall design theme for the Town. According to the
Guidelines, the theme for the Town shall be to establish an attractive appearance for
visitors and residents, and yet be flexible enough to allow design innovation.
There would be a significant amount of disturbance required to construct the
proposed private access drive, and associated retaining walls. Aside from the
disturbance required for access, each building would be limited to the building
envelopes defined by the Subdivision.
Staff has some concern with the building envelope language and the possibility of
permitting disturbance outside of the envelopes. Specifically, "only minor grading,
landscaping, and retaining shall be permitted in the areas immediately adjacent to
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building envelopes labeled 'no -build' " Minor architectural encroachments
(overhangs, battered stone) may be permitted through the Town design review
approval process only." In addition to this language, "over lot grading incidental and
necessary for the preparation of and construction of home sites and landscaping
shall be permitted in these areas."
Unlike some other properties in Town that have platted 'non -developable' areas, or
areas that must be left in their present state, this proposal would permit some
disturbances. If this development were approved, Staff would recommend that
grading and disturbances be limited exclusively to the building envelopes, except
that which is required for utilities, drainage, and disturbances related to construction
of the private driveway and infrastructure.
3. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character, and orientation.
This proposal would be compatible with the immediate environment, neighborhood,
and adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, character and orientation. In terms of design compatibility, a clustered
development with uniform building and architectural standards should be compatible
with other development in the subdivision. The resulting buffer zones between
building envelopes should be reviewed carefully.
Instead of two, or possibly three structures that would be experienced with the
existing zoning, this development would provide four clustered structures at one end
of the development site, and one stand-alone building near the pump house on the
east end of the development. There is a mixture of single-family and duplex
structures in the vicinity with varying bulk and mass.
4. Uses, activity, and density provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
The single-family residential use and building envelope layouts provide an efficient,
workable relationship with surrounding uses and activity. There is a mix of single-
family and duplex buildings in close proximity. Staff has no objection with single-
family land use as it relates .to compatibility with surrounding uses in the vicinity;
however, the Wildridge Subdivision conscientiously platted varied densities (i.e.
single-family lots, duplex lots, 4plex lots, 6plex lots, etc) in order to provide a mix of
housing types. The continued shift to larger single-family homes may not work to
further the purpose and intent of the Wildridge Subdivision.
5. Identification and mitigation or avoidance of natural and/or geologic hazards
that affect the property upon which the PUD is proposed.
There have no been no geologic hazards identified on the subject properties. Rock
outcroppings are present, which is indicative of bedrock in the area. Preliminary
investigations report that steep excavations would likely be possible on these hill
sides.
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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 existing topography is steep throughout. Most notably, the grades adjacent to
Wildridge Road East, and the area in the middle of Lot 39 are exceptionally steep.
This portion of Lot 39 would remain free from home site development as proposed;
however, the driveway would cross through "Tract 39F."
There appears to be a high degree of alteration to the existing site required to
enable this development to function. While the buildings would be linear in fashion
to avoid the hillside as much as possible, the site layout and driveway do not appear
to be particularly sensitive to the natural features of the site. The proposed driveway
runs directly through areas that exceed 40% slope and may result in buildings higher
than would be experienced with existing entitlements. A four-plex or two duplexes
on Lot 39 (as current zoning permits) may result in a more responsive development
to the existing topography.
Extensive site retention and mitigating measures would be essential for this
development to function. Of particular concern to residents and the Planning and
Zoning Commission at the public hearing was the appearance of the long, linear
series of retaining walls associated with driveway construction. The applicant has
attempted to limit the visual scars of these retaining walls by taking height off the
upper walls, and adding it to the lower walls. The intention is to further mitigate the
appearance with landscaping in front of the lower walls.
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.
There is a functional 20' wide driveway for the five proposed residential units. A
hammerhead turnaround is also proposed between Lot 38C and Lot 38E. This
turnaround was designed with fire department and Trash removal vehicle
maneuverability in mind. It appears that visibility is good in each direction entering
and leaving the proposed curb cut location. The applicant's preferred access option
is through Tract O, which is due to lesser existing grades and the ability to keep the
Lot 35A home site lower.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
As mentioned, the 1+ acre platted open space would remain undeveloped except for
the driveway and associated retaining walls and infrastructure installations. The
applicant is proposing the minimum landscape area be increased from 25% to 30%.
The platted building envelopes further define open space and may help to preserve
views; however, all of the homes on Longsun Lane have been surveyed and the
ridges of the structures on Lots 38A -38E would not inhibit views from above. The
views from the homes below the project site on Wildridge Road East are focused to
the south and in the opposite direction.
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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.
This development is non-functional without approval of the subdivision variance
request. The PUD amendment application is predicated on approval of a preliminary
subdivision plan and subdivision variance application, which has been submitted in
conjunction with the application for review by Town Council.
The applicant has included a timeline for completion of the project on Page 11 of the
submittal. The driveway access and utilities would be constructed in the first phase
of construction. After construction of the driveway in 2009, the phasing plan
indicates the construction of approximately one house per year.
10.Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
Adequate services can be provided for this proposal. Letters expressing the ability
to serve have been included in the Appendices of the applicant's binder from: Eagle
River Water & Sanitation District, Xcel Energy, Holy Cross Energy, and Comcast.
11.That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
Wildridge Road East is suitable to carry the anticipated traffic, and the visibility
entering and leaving the driveway appears safe.
12. That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as
outlined in Section 17.28.085 of the Avon Municipal Code:
A. The application demonstrates a public purpose, which the current
zoning entitlements cannot achieve.
Staff Comment: It can be argued that a public benefit is demonstrated with respect
to the overall quality of development, and the site planning that has gone into the
design. However, the current zoning entitlements would not preclude the
aforementioned public purpose and the quality is possible without rezoning the PUD.
B. Approval of the zoning application provides long term economic,
cultural or social community benefits that are equal to or greater than
potential adverse impacts as a result of the changed zoning rights.
Staff Comment: Staff does not foresee any potential adverse economic impacts as
a result of the zoning change proposed. Social community benefits are difficult to
measure; however, the housing style contemplated with this PUD zoning application
does not demonstrate social benefits.
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Large single-family residences have continually widened the housing gap in Avon,
creating an incentive for locals to move down valley or elsewhere. While price per
square foot numbers indicate that multi -family residences are not significantly
different than those for single-family residences, it can be argued that that multi-
family units such as those that would be built on Lot 39 under current entitlements
would be smaller, and therefore a benefit for those trying to buy or stay in Avon.
Other adverse impacts include the greater amount of site disturbance with the
increased intensity of use on the land associated with single-family homes.
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
Staff Comment: The shared access and clustered home sites provide an organized
development. The platted building envelopes would guarantee a level of certainty
with regard to the siting of development.
VI. Preliminary Subdivision Plan
Pursuant to Sections 16.20 and 16.40 of Avon Municipal Code, the application for
Preliminary Plan has been reviewed by the Engineering Department for compliance with
the appropriate design and improvement standards. The following comments pertaining
to the applicant's Preliminary Plan (for subdivision) resulted from this review:
1. Based upon the maximum building sizes proposed and the nature of the units (single
family vs. multi -family), the development requires 8.33 SFE's compared to the original
6 SFE's proposed for the lots.
2. Avon Municipal Code Section 16.20.150 (4) requires that owners of record of all
parcels adjoining the proposed subdivision, including parcels separated by a public
right of way, be included in the maps for the project.
3. The Town of Avon Master Drainage Study requires that sites with 25,000 square feet
of impervious service provide a stormwater control plan. Plans shall be provided
according to section 16.20.180 (4) of the Avon Municipal Code.
4. It appears that the 4' asphalt pan located on the north side of the access road will
sheet flow across the drives creating an ice build up during snow storage runoff.
Also, clarify how the 4' asphalt pan drains between stations 5+00 and 6+00.
5. Closed mesh drainage grates must be used. COOT Type "C" inlets are inappropriate
for residential development.
6. The drainage pipe shown day lighting between lots 38D and 388 must be extended to
the roadside ditch located at the south side of the lot. Erosion control must be
provided at the pipe outlet.
7. The storm water, sanitary sewer and water lines must be located at least 10' apart.
8. All retaining walls taller than 4', or supporting a roadway, will require a Building Permit
and structural plans stamped by a structural engineer licensed in the State of
Colorado.
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9. The existing tank drain line located on the Town's lot east of the new access point
must be shown on the utility plan and the proposed development must accommodate
the outflow.
10. Top and Bottom of Wall elevations are required on all retaining walls.
11. The west portion of the access easement that ends on lots 38C, D and E must be
more clearly delineated.
12. Curve data must be provided for the five new chord lengths along the south side of
the existing lot line.
13. Section 16.24.130(2) of the Town of Avon Municipal Code requires that addresses be
shown on each lot with numbers circled.
14. Section 16.24.130(5) of the Town of Avon Municipal Code requires that township and
range lines be shown on the vicinity map.
15. Section 16.24.130(6.0 of the Town of Avon Municipal Code requires a title insurance
company or attorneys certificate be included on the plat.
16. Section 16.24.130(6.g) of the Town of Avon Municipal Code requires a recorder's
certificate be included on the plat.
17. Section 16.24.130(6.h) of the Town of Avon Municipal Code requires that a statement
declaring whether or not lots may be converted to timesharing units be included on
the plat.
18. The current Certificate of Dedication and Ownership appears to indicate that the
access easement will be dedicated to the Town of Avon. The PUD and certificate
must make clear who will be responsible for maintaining the new access road, and
that the Town of Avon will not be responsible for maintenance of the drive.
19. If applicable, a lien holder's certificate should be included in the Certificate of
Dedication and Ownership.
20. Plat notes should be located on the first page.
21. The current Surveyors Certificate has a grammatical error listing the subdivision as
"Wildride ".
22. Sheet 6 of 7 Plan and Profile sheet cuts off the northwest corner of lot 38E. Clarify
how the north side of lot 38E drains.
VII. Subdivision Variance
The lot configurations presented in Preliminary Subdivision portion of this application
require that a Variance be granted from Title 16 of the Avon Municipal Code:
Subdivisions. Chapter 16.40.330 of the Avon Municipal Code requires that each lot
have a linear frontage span on a dedicated street of not less than twenty-five (25) feet.
As presented, four of the seven lots included in the Preliminary Subdivision require a
Variance to be granted. The front property lines of lots 38A, 38C, and 38E all have less
than a twenty-five foot length abutting Wildridge Road East.
According to Chapter 16.12 of the Avon Municipal Code, the Town Council may, at its
discretion, grant variances from some or any requirements of the subdivision
regulations based up the following criteria:
Town of Avon Community Development
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(1) 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;
(2) 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;
(3) Whether the granting of the request might adversely affect the use of
the land in the immediate area of the tract in question.
It is important to note that the Town Council shall hold a noticed public hearing, prior to
acting on this Variance request, and it is acceptable to run the notice and public hearing
in concurrence with the public hearing required by the zoning amendment and
Preliminary Subdivision portion of this application.
The public notices that were sent to all owners within three hundred (300) feet of the
properties in question indicated that a public hearing would be held considering a
Planned Unit Development Amendment application, Preliminary Subdivision, and
Subdivision Variance request.
There have been other Variances granted from Chapter 16.40.330 of the Avon
Municipal Code, the most recent being for the Dry Creek PUD in Block 2 of the
Wildridge Subdivision.
VIII. Findings
Based on review of the mandatory review criteria outlined in Section III of this report,
staff finds the following:
1. The application is in conflict with the following housing -related Policies, as
outlined in the Town of Avon Comprehensive Plan:
Policy C.2.2: Require new residential development to provide a variety of housing
densities, styles, and types based upon the findings of a housing needs
assessment study.
Policy F2.2: Require that workforce housing is integrated with, rather than
separated from, the rest of the community.
2. The application fails to provide evidence of substantial compliance with the public
purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code.
IX. Staff Recommendation
Staff recommends DENIAL of the Hamel PUD application for Lots 38 & 39, Block 4,
Wildridge Subdivision, due to the findings cited above.
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November 6, 2007 Planning & Zoning Commission meeting
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If you have any questions regarding this project or any planning matter, please call me
at 748-4413, or stop by the Community Development Department in the Municipal
Complex.
Respectfully submitted,
Matt Pielsticker
Planner II
X. Attachments
EXHIBIT A: Applicant's Binder
EXHIBIT B: Vicinity Map
EXHIBIT C: Comprehensive Plan Excerpts
EXHIBIT D: Public Comment
Town of Avon Community Development
Phone (970) 748-4030 Fax (970) 949-5749
Hamel PUD
— Residential Streets
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EXHIBIT C
Town District Planning Principles
However, the gateway approach needs to be redesigned to
enhance the overall image of the community including but not
limited to lighting, road and right of way materials, enhanced
view corridors, and signage.
The emphasis should be on the creation of a positive entry
experience that extends the character of the Town Center to
Avon's front door.
Planning Principles:
• Enhance the intersections at the on/off ramps on Avon Road
to include streetscape improvements and special landscape
features.
• Maintain the cottonwood trees that contribute to the gateway
experience.
• Improve the I-70 interchange for pedestrians and bikers.
District 24: Wildridge Residential District
This area consists of a residential subdivision containing varying
densities, located on the sunny, south -facing slopes north of the
main valley floor. The character for the developed landscape
should reflect the area's dry climate and typically steep terrain
with low water -requiring plant materials and natural landscaping.
Due to the limited amount of existing trees and shrubs and the
open character of the property, special care should be taken to
ensure that all structures are compatible with one another and in
harmony with the natural surroundings.
Planning Principles:
• Redesign the intersection of Metcalf and Nottingham Roads,
and implement the other recommendations for District 4 to
enhance the entry to Wildridge and provide more direct
access from the Town Center to Wildridge.
• Construct bicycle lanes along Metcalf and Wildridge Roads.
• Promote a trail system through open space areas in
Wildridge to provide alternatives to the roadways for
pedestrian circulation and greater connection to the
surrounding open space.
• Preserve and enhance the existing open space trails and
explore the possibility of developing additional parcels into
pocket parks.
Town of Avon Comprehensive Plan
Page 98
Town District Planning Principles
4 Acquire and maintain as public open space the U.S. Forest
Service -owned parcel adjacent to Wildridge that includes
Beaver Creek Point.
4 Add an alternative or second access route to Wildridge
(perhaps forest service road during the spring and summer).
• Identify and delineate all open space parcels and public trails.
a Site buildings of varying sizes along the street to maximize
sun exposure, protect views, be compatible with existing
surrounding development, and break up building bulk.
District 25: Mountain Star Residential District
This area is a planned unit development established in 1992, of
large -lot, single-family homes, located east of Wildridge on the
south -facing slopes north of the main valley floor. This
covenant -controlled, gated community has its own design review
committee.
Planning Principles:
• Prohibit significant alteration of natural environment and
minimize stress on wildlife and loss of habitat.
• Consider the development of a trailhead to access the
surrounding public lands.
District 26: Swift Gulch District
The Town of Avon's Public Works and Transportation
Departments are located in the Swift Gulch District. In response
to the area's high visibility from I-70, efforts have been made to
screen the existing buildings and facilities and ensure that they
blend into the surrounding environment.
Planning Principles:
• Encourage building at a scale that minimizes visibility from
I-70.
• Screen accessory uses with landforms and landscaping.
• Encourage sidewalks and pedestrian connections.
jTown of Avon Comprehensive Plan
page 99
1
o
TOWN OF AVON COMPREHENSIVE PLAN
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Exhibit D
November 29, 2007
Planning and Zoning Commission
Town of Avon
RE: Hamel PUD Amendment, Lots 38 & 39, Block 4, Witdridge
As the owner of the half of Lot 37 closest to this project, I am impacted more than
anyone with what happens on Frank's property. Any development on the lot next to me
(Lot 38) will negatively impact me, but after spending time reviewing the plans for both
duplexes and the proposed PUD I have no doubt that constructing a duplex with a
separate access tower on their property will negatively impact me and impact my
primary views more than what is proposed.
Beyond that, both Gerry and Tambi have worked with me over the last few weeks to
address the home that was my biggest concern in the proposed amendment- Lot 38E.
After surveying the exact location of my house and windows and walking the site with
me, they have shrunk and moved the building envelope and created a setback of 70
feet from Lot 38E envelope to my windows instead of the 10 foot setback required by
zoning code.
They have also lowered the maximum height of this home to 32 feet and lowered the
maximum square footage of this home to 4,000 square feet and agreed to intensive
landscaping to buffer the home and lights shining into my upper level from the driveway
after understanding my concerns with light beaming into my upstairs windows.
Language has also been added to this application that requires the design of any home
on this lot to consider impacts to my property when a home is actually designed, and
both Gerry and Frank have told me they would review the home design with me and
from my perspective when they actually design it.
While I would rather have no development right next to me impacting any of my views or
privacy I enjoy, 1 want you to know that the proposal is no doubt better for me than
having a large duplex constructed lower on the lot and right in front of my main living
area views. Gerry, Iambi and Frank have worked with me to solve my biggest issues
and even though anything built here impacts me, I hope you support this project over
construction of duplexes on this lot.
Sincerely,
Scott R
5024 Wildridge Road
I
RECEIVED
NOV 3 0 2007
P9mmu lty iao+er�t�t�rr+racr
November 5, 2007
Planning and Zoning Commissioners
Town of Avon
P.O. Box 975
Avon, CO 81621
RE: StaffReport for Hamel PUD Amendment
Lots 38, 39, Block 4, Wildridge PUD
Dear Commissioners:
I've asked Tambi and Geary to submit this letter to you for the record since I
unfortunately cannot attend this meeting.
First; I want to express my appreciation for helping guide our application through the
review process to this point. When we started this process, we were open to the idea of
creating a local housing unit on another property in Wildridge in return for keeping all six
dwelling unit rights on Lots 38 and 39. While this original
stag it created a lot of problems for us in site concept was supported by
worked awfully hard on planning � property. Since then, we have
solving the site plan issues and feel we have mooed in on a
solution which is supported by both the required PUD amendment criteria and the
precedent of PUD amendments in Wildridge.
We've listened and responded to your concerns over a few meetings now and hopefully
done better than previous amendrnents. As Geary and Tambi will review with
you
tonight, we have tightened all our building envelopes, created a minimum 30' setback from our existing neighbor on the west; and adopted the Eagle County ECO-build
standards as part of our application. We have also minimized the retaining walls and
created the best solution to accessing and staging construction of the properties.
After so much investment oftime and energy spent listening and responding to
everything communicated to us, it comes as a complete shock to me that staff is
recommending denial of this application.
Unfortunately, it really feels like staff is using this PUD process as a soapbox to stand on
and making me out to be the villain who is poised to ".. _ unravel the
original
intent of Wildridge". Claiming that the loss of one dwellingpurpose and
unit is
going to undermine
Wildridge is insulting to everyone's intelligence. I do not understand how out of 12
review criteria that we comply with, staff boils the whole review down to their own issue:
affordable housing is the only benefit that counts over everything eke.
What several Commissioners said in the first couple hearings stuck with me and my team
— a PUD amendment like this has to fit the neighborhood precedent and meet the
amendment criteria, all of which talk about good site planning and being compatible with
surrounding uses.
As much as they paint me otherwise in the report, it is not my goal to be the jerk ruining
the social fabric of Avon. My son lives and works in Avon. Our family owns a home
here. We believe we are good neighbors and responsible builders who have worked very
hard to listen to and respond to all commissioners during this process. We sincerely
appreciate that there is a housing issue, that's why we were excited to have a local
housing unit as part of our initial proposal. The fact remains that whatever we finally
build on these lots will not solve the problem nor unravel the neighborhood, and it's not
fair to our PUD to suggest this.
I believe we have responded to the actual criteria of this PUD process and have made an
application that not only meets the down -zoning precedent but raises the bar a little
higher. We hope that you agree.
Frank Hamel
Owner
July 17, 2007
To: Avon Town Council and
Board of Planning and Zoning
From: Greg and Janet Kozan
7956 Steeplechase Drive
Palm Beach Gardens, Fl., 33418
Homeowners of: 5191 Longsun Lane # A , Wildridge, Co., 81620
Dear P&Z,
We wish to voice our opinions at this time on the Wildridge East Road proposed property
development, lots #38, #39, #41. There are several different scenarios upon which they
can be built.
1. However, we do not want a road built on the property, instead individual
driveways for each resident. That extra road and retaining wall will scar
Wildridge from miles away.
2. We feel like the middle lot should have been taken into consideration as a non -
buildable lot when the builder bought it, instead of trying to make up for lost
income now by increasing the density on lots 38, and 39.
3. We are extremely concerned about the height and density. Therefore, as we
discussed, please allow those homes on lots 38 & 39 only to be a maximum of
28-30' high. As far as the density, we all think five homes on two lots is too
congested, thus one or preferably two of those homes should be eliminated.
4. If the builder chooses to build multifamily, we are extremely concerned about the
values of our properties "high up" because there are no townhomes (fourplexes)
up there to date. So if you approve multi -family, we ask that only duplexes be
built on those lots.
In addition, since we weren't notified of the first two meeting, please notify us of the
next P & Z meeting at the address above. Thank you for your attention in this
important matter, and we thought that the P & Z Board had great comments at the
July 17th P & Z meeting. You all really seem to care about this little town of Avon.
Respectfully,
Greg and Janet Kozan
RECEIVED
AUG 0 6 2007
Community Development
Avon Planning and Zoning Commission
Avon Town Council
July 30, 2007
Please,
Regarding:
. PUD Amendment / Hamel — CONTINUED
Property Location: Lots 38 and 39, Block 4, Wildridge Subdivision / 5032 & 5040
Wildridge Road East, Lot 110, Block 1, Wildridge Subdivision / 3087 Wildridge Road
Applicant: Land Planning Collaborative /Owner Frank Hamel
Description: The applicant is proposing an amendment to the Wildridge PUD. The
proposal is to rezone Lot 38 and 39, Block 4, Wildridge Subdivision from the currently
entitled 3 duplexes (or 1 duplex and 1 fourplex) to six single-family residences. The six
newly platted lots are proposed with building envelopes and restricted to 5,000 square
feet. This application was tabled from the June 19, 2007 Planning and Zoning
Commission meeting.
It is our strong opinion that the applicant be denied. The reasons are too many to list
here but the highlights are:
1- The applicant bought the property with full knowledge of the grade, and other
obstacles regarding building on the site.
2- The proposed road is not a desirable solution for any of us — especially the wall.
3- The offer of any kind of housing to be dedicated — under any circumstances
should not be a reason to consider this project any different then with out the
offer. And if the housing is only price controlled for the first purchaser — it is not
price controlled.
4- All of us understood when buying are own property the development that was on
the books around us. We can live with that. The variance being requested is of a
monumental magnitude and we request that you deny it. Using this proposal to
build one home on each lot might be considered something to look at. Using this
proposal to build the same number of dwelling units on these lots under the
conditions being offered are not something we believe should be considered, at
all.
We plan on attending each and every meeting to ask that you deny this request. We
suggest to the owner they go back to the drawing board and use their resources to
design and build what is available to them on these lots individually.
Brian and Pat Nolan
July 17, 2007
To: Town Councilmen
From: Greg and Janet Kozan
We wish to voice our opinions at this time on the Wildridge% c; s r Pv c c
property to be developed by
There are 3 lots and they have different scenarios in which they can be built upon.
proposed
1. We do not want a road built on the property, instead individual driveways for
each resident.
2. We feel like the middle lot should have been taken into consideration as a non -
buildable lot when the builder bought it, instead of trying to make up for lost
income now by increasing the density of the other most eastern lots.
3. We are extremely concerned about the height and privacy, therefore, do not want
to see those houses pushed all the way to the back of the lots. .
4. We are extremely concerned about the values of our properties "high up" because
there are no townhomes up there to date. Obviously, we have paid higher prices
just to be up high in order to take advantage of the views.
5. We are developers in Palm Beach Florida and if there is anything we disagree
with, it is a variance. We do not believe there should be a variance in the case
due to it setting a precedence here in Wildridge and thus, continuing to decrease
our values.
Thank you for your attention in this important matter, and we thank you ahead for any
cooperation or compromise that you afford us as property owners and neighbors.
Sincerely,
7 _
Laa _
Greg and Janet Kozan
5191 Longsun Lane
RECEIVED
JUL 1 7 2007
CAYmTUnIy •val k
To: Recording Secretary, Town of Avon
(sent via email to Matt Pielsticker, mpielsticker(ra,avon.org)
From: Anne Clark and Doug Baird, homeowners
5021(E) Wildridge Road East
anneclark@msn.com
748-4565
Re: Town of Avon Planning & Zoning Commission Meeting for June 19, 2007
PUD Amendments — Public Hearing
Property Location: Lots 38 and 39, Block 4, Wildridge Subdivision,
5032 & 5040 Wildridge Road East
Date: June 17, 2007
._11.131 I r1 1:C.:3(3?
The following is to voice our concerns about the proposed amendment to the Wildridge
PUD. We have reviewed the Hamel PUD Amendment document of May 11, 2007 and
are familiar with the proposal. While some of the benefits are appealing, there are a
number of issues that are problematic:
1. The clustering of five single-family units at the west end of the property creates a
massing of homes. This is inconsistent with the Town of Avon's goal to minimize
the (visual) impact of development.
2. The homes proposed on the west end of the property are remarkably close to the
existing homes on the west and north boundaries.
3. Clustering five homes at the west end of the site, close to existing development to
the west, intrudes into —and most likely blocks —an important wildlife migration
corridor that runs north -south at the west end of the property.
4. Lots 38 and 39 appear to be among the steepest in Wildridge. The builder would
need to cut into the bedrock to construct the homes. We're concerned whether the
site can sustain six -5,000 square foot homes.
5. In general, we are concerned about overall safety, the traffic impact, and the
treatment of the rock face.
We understand that six dwelling units are consistent with the original zoning and that
development is inevitable. However, we question the original thinking to put so many
units on such a steep site; we concerned about whether the site can support six single-
family residences of (up to) 5,000 square feet each. We urge the Town Council to decline
the proposed amendments requested by the Hamel development project.
Thank you for your consideration.
Steven G and Elsa L= Reiss
5 Cawdor Bum Road
Brookfield, Ct 06804
Tel 203-775-6431
June 18, 2007
5021 Wildridge Road East , Unit W
Avon, Colorado
Tel 970-748-1412
To: Recording Secretary, Town of Avon
(sent via email to Matt Pielsticker, mpielsticker(c avon.orq)
From: Steven and Elsa Reiss
elsareissaaol.com
203-770-0485 cell
JUN J. et 2007
Re: Town of Avon Planning & Zoning Commission Meeting for June 19, 2007
PUD Amendments — Public Hearing
Property Location: Lots 38 and 39, Block 4, Wildridge Subdivision,
5032 & 5040 Wildridge Road East
We have reviewed the Hamel PUD Amendent document of May 11, 2007 and we
oppose adopting this amendment. We are pleased that the building philosophy
will be "green" and the building style will be consistent with current homes in the
area. The donating of a lot and deed restricted home in Lower Wildridge is
certainly a plus, however, the negative aspects of this project are alarming.
Building six large individual homes on such a small amount of buildable
land does not work well for these lots. The larger lot is zoned for 2 duplexes or
one fourplex. Since most of the land on that lot is unbuildable, the builder is
designating that as open space. Five of the six houses are being built very close
together on the western end, creating a huge mass of large buildings. This is not
in keeping with the ambiance of the rest of the Wildridge development. There
have been many rock and soil slides, and we are concerned not only about the
visual impact of this mass of buildings, but also the environmental impact.
Because these lots are the steepest in Wildridge, we feel that the town of
Avon should be very careful in what they approve to be built there. It seems that
because it is too difficult for the builder to build what has already been approved,
he is seeking changes from the Town of Avon for his purposes only. These
changes will not benefit us enough to allow this site to be developed as he
wishes. We would recommend that only three houses be allowed to be built in
that area instead of six. The homes that are proposed to be built on the western
end are much too close to existing homes and to each other. The density of
these proposed homes will impact wildlife migration, an important aspect of
Wildridge living.
Unfortunately, we are unable to attend the meeting on July 19th. Thank
you for your attention to this matter.
07/16/2008 19:05 4128875072
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MATT PIELSTICRER
COMMUNITY OEVEl 1PF?EfT
AVOW, CO.
JULY`16, 2007
AVOW, CO.
Hly name i.s Jahr 9D. Salko, and I live on 5177 Longsun Lane in Wildridge
Subdivision. E am about 30 feet from the proposed new development on
Wildridge Rd. t'asr. I bought this East Duplex Rome in 1988(tbe first
Unit on Longsun Lane)from Buzz Reynolds Corp. and enjoyed living in this
lovely home in Wildridge. Each morning I was amakegi by the beautiful sun-
rise from the Fast. and the spectacular setting oftilesun in the evening.
I thought that for the rest of ny life I would enjoy the beauty of Bea-
ver Creek, Bacholor Gulch, Arrow Read and the Mew Ygrk Mountain Range.
And then this pass week I found out from my neighbor(not from the town of
Avon) that the lots which are 30 feet. from my property were being developed
for one single }homy and a five unit duplex. Can you image the feeling I
had in my heart to see the loss of a million dollar view disappear in a
flash of a moment. The thought of not having this beautiful view sadden
me very much. As you can tell from the words that I am definitely against
this proposed rwm, development. Everyone on Longsun Lane is very, very up-
set that the town of Avon would allow this development to move forward. I
strongly bape that the Planning and Zoning Commission would at hear to the
voices of the residents on Longsun Lane and not allow this development to
go any Further. This development would drastically lower the value of all
the homes on Longsun Lane. It is my hope and the hoe of all the residents
on Longsun Lane that this proposal will be defeated. Thank you so much for
listening to my words and I hope that this letter gives the Planning and
Zoning Board a nettcr idea of how the residents on Longsun Lane feel about
this proposed d'irelopment.
With best regards,
John R. Salko
Leslie Roubos
5039 Wildridge Road E
P.O. Box 2119
Avon, CO 81620
July 16, 2007
Town of Avon
Planning and Zoning Commission
c/o Recording Secretary
Town of Avon
P.O. Box 975
Avon, CO 81620
To Whom it May Concern:
I am writing a second letter to ask for your consideration in not approving the
amendment, as it has been submitted, for the Wildridge PUD for Lots 38 & 39, Block 4,
Wildridge Subdivision (5032 & 5040 Wildridge Road East).
I have met with the developer's planner and architect to review their plans, and we
walked the property together. I think they've done a good job in trying to do what the
developer wants; however, I think that what the developer wants is too much and, as
someone who is directly impacted by this development, I strongly urge you require him
to alter his amendment request.
As I stated in my original letter to you date June 16, 2007, when I purchased my lot,
which is directly below Lots 38 and 39, I did so on the reliance of the current PUD
designation for this property. I knew that this meant that there would be two, possibly
three, years of construction on the site. I, and my existing neighbors, purchased our
properties in good faith based on the existing zoning and construction timeframes.
My understanding now, after my meeting with the planner, is that this project will most
likely take 7 years of construction; 1 year for the driveway and infrastructure followed by
I year per home. That is absolutely unacceptable and is in no way at all good for the
surrounding community.
As I mentioned in my first letter to you, we moved here for the quality of life and knew
that based on the current zoning, we would be subject to 2 — 3 years of construction on
those two lots. To now propose 7 years of construction would severely impact the quality
of life of not only those of us who live in the surrounding neighborhood but also of every
single person who lives in the Wildridge subdivision.
In addition to the excessive years of construction, I strongly believe that the developer
should be required to reduce the density from 6 to 5 units. Single family homes are more
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To:
Subject:
Mice Leeds [alice@vaiimeelangs.comj
Thursday, June 14, 2,•'.7 ®:09 PRA
scobtfreemoice.com
Emailing: Wi' ..ridge Sgl Family Homes 001 jpg,
Wildridge Sgl Family Homes 003.jpg
Attachments: Wildridge Sgl Family Homes 001.jpg; Wildridge
Family Homes 003.jpg
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Hi Scott -
Thanks so much for taking the time to get involved with the petition for the Wildridge
lots. I've attached three photos that I just took of five single family homes that was
built below me in lower Wildridge, similar to what they want to rezone for by us. I hope
these photos will help show the density when trying to squeeze in too many homes.
Good luck,
Alice
The message is ready to be sent with the following file or link attachments:
Wildridge Sgl Family Homes 001.jpg
Wildridge Sgl Family Homes 002.jpg
Wildridge Sgl Family Homes 003.jpg
Note: To protect against computer viruses, e-mail programs may prevent sending or
receiving certain types of file attachments. Check your e-mail security settings to
determine how attachments are handled.
RECEIVED
JUN 9 8 20x0?
CornmunRy Developmn am
1
RECEq`jl:E0
JUN 8 200?
Community ��. oprneni
To: Planning and Zoning Commission
Town of Avon
Re: Lots 38 & 39, Block 4, Wildridge Subdivision, Avon, Colorado
(5032 & 5040)
We, the undersigned, object to an amendment to the
Wildridge PUD to allow for six (6) residential single family lots or one
(1) duplex and one (1) fourplex to be built on the above two lots. We
object to any changes that would allow more than one duplex to be
built on each lot. This is in keeping with the existing building pattern
of the houses on Woldridge Road East.
Name: 4tic.e /Ens s Address: 5031 4 10 ► t d dq e i
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name:
Name:
Name:
Name:
Name:
Address:
Address:
Address:
Address:
Address:
JRECE ED
.JUN 1 2007
To: Planning and Zoning Commission
Town of Avon
Re: Lots 38 & 39, Block 4, Wildridge Subdivision, Avon, Colorado
(5032 & 5040)
We, the undersigned, object to an amendment to the
Wildridge PUD to allow for six (6) residential single family lots or one
(1) duplex and one (1) fourplex to be built on the above two lots. We
object to any changes that would allow more than one duplex to be
built on each lot. This is in keeping with the existing building pattern
of the houses on Wildridge Road East.
,
Name( 41_14'Address: cr)/C . 6AL-ox'" G
Name: Sc o17 176 d trA- Address: 3-0 4 ► IaFI Clp
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
P'r i
°JUN `Ii 2007
'001Thi u'r y T:Pir k)prnsl.n
To: Planning and Zoning Co
Town of Avon
1
mission
Re: Lots 38 & 39, Block 4, Wildridge Subdivision, Avon, Colorado
(5032 & 5040)
We, the undersigned, object to an amendment to the
Wildridge PUD to allow for six (6) residential single family lots or one
(1) duplex and one (1) fourplex to be built on the above two lots. We
object to any changes that would allow more than one duplex to be
built on each lot. This is in keeping with the existing building pattern
of the houses on Wildridge Road East.
Name* a ddress: .be/t4
Name:
Name: / Y r� _ Address*
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Address: a- z
AECE V& _
jLn; 1 8 2007
To: Planning and Zoning Commission
Town of Avon
Re: Lots 38 & 39, Block 4, Wildridge Subdivision, Avon, Colorado
(5032 & 5040)
We, the undersigned, object to an amendment to the
Wildridge PUD to allow for six (6) residential single family lots or one
(1) duplex and one (1) fourplex to be built on the above two lots. We
object to any changes that would allow more than one duplex to be
built on each lot. This is in keeping with the existing building pattern
of the houses on Wilde Road East.
Name* ki 5
Address: � ? ? �!
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
Name: Address:
SECE . Et
2007
Community J `l �1oprn< nt
Leslie Roubos
5039 Wildridge Road E
P.O. Box 2119
Avon, CO 81620
June 18, 2007
Town of Avon
Planning and Zoning Commission
do Recording Secretary
Town of Avon
P.O. Box 975
Avon, CO 81620
To Whom it May Concern:
I am writing in protest of the request for an amendment to the Wildridge PUD for Lots 38
& 39, Block 4, Wildridge Subdivision (5032 & 5040 Wildridge Road East).
When I purchased my lot, which is directly below Lots 38 and 39, I did so on the reliance
of the current PUD designation for this property. I knew that this meant that there would
be two, possibly three, buildings on the site. It is not appropriate to increase the number
of buildings and size of each footprint given that all of us who already live in this area
purchased our properties in good faith based on the existing zoning.
The owner of the property purchased it knowing what the current zoning called for, as did
the rest of us in Wildridge. Changing the zoning to allow for six 5,000 square foot units
is not in the best interest of the neighborhood. The proposed homes are excessive for the
size of the lots and would create 6 separate buildings on the sites as opposed to two or
three separate buildings as currently zoned. Allowing six separate structures increases
the impact to the land and a general loss of open area that would have existed around the
buildings.
We all moved up here for the quality of life and knew that based on the current zoning,
we would be subject to 2 — 3 years of construction on those two lots. To now propose,
realistically, 5-6 years of construction (presumably one year per home) would severely
impact the quality of life of not only those of us who live in the surrounding
neighborhood but also of every single person who lives in the Wildridge subdivision.
The noise pollution and traffic during construction is already unbearable and to propose
to increase that by another 3 years or so is unacceptable.
To that end, while I do not think that a fourplex on one of the lots is appropriate either,
given the quality of the surrounding homes, I do believe that 3 duplexes, limited in size to
4,000 square feet each, would be a much more appropriate option and would fit in nicely
with the surrounding neighborhood. In the spirit of looking for solutions, and despite my
argument above of not increasing ' ue number of buildings allowed on the site, I could
also possibly be convinced that four smaller single family homes, limited to 4,000 square
feet each, might be an appropriate use of the land.
In a perfect world, I would like to see more lots developed as I did mine...by decreasing
the density on the lot rather than increasing the size and number of buildings on each lot.
Thank you for considering these arguments.
Sincerely,
,_
- Leslie Roubos
cc: Ron Wolf
Tamra Underwood
Dave Dantas
Kristi Ferraro
Rich Carroll
Amy Phillips
Brian Sipes
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Asst. Town Manager - Finance
Date: January 17, 2008
Re: Changes to Investment Policy
Summary:
The Town's investment advisors, MBIA Asset Management Group, has recommended a few
minor "housekeeping" type changes to the Town's investment policy. There are no financial
implications to these changes. A Summary of Changes is attached to this memo.
Recommendation:
I recommend the Council adopt the changes as summarized above and shown on the attached
redlined version of the Town's investment policy. A resolution approving the revised
investment policy is attached.
Town Manager Comments:
Attachments:
A - Summary of Recommended Changes to the Investment Policy of the Town of Avon
B - Resolution No. 08-05 Adopting Revisions to the Town's Investment Policy
C - Investment Policy — Final Version
D - Investment Policy — Redline Version
Page 1
ErTilbia
ASSET MANAGEMENT
Summary of Recommended Changes to the Investment Policy
of the Town of Avon
MBIA Asset Management Group has conducted a review of Avon's investment policy
which was last revised in July of 2005. Following our review, we have recommended a
number of changes that we present in a "redline" format.
Revisions to the Authorized Securities and Transactions section of the policy
accommodate recent changes to Colorado's governing investment statute, CRS 24-75-
601. Other changes bring the policy current with respect to broker/dealer qualifications
and banks. Finally, we reworded some sections for easier reading and eliminated
excess verbiage that no longer adds to the policy's value. The revisions which are not
self-explanatory are summarized as follows:
Prudence — Pages 2-3
Reworded the second paragraph to clarify that losses are not inevitable, but may occur
as part of a program to improve overall return.
Authorized Securities and Transactions — Pages 3-5
• We updated the statute references in the opening paragraph.
• In the paragraphs dealing with U.S. Treasury Obligations, Federal Agency Securities
and Federal Instrumentality Securities, we changed the maximum maturities, which
under the revised statute now run from the date of trade settlement.
• In paragraph d. dealing with Repurchase Agreements we added language allowing
repurchase counterparties that have a primary dealer within their holding company
structure. For example, Merrill Lynch, one of the Town's approved brokers is not a
primary dealer. Merrill Lynch Government Securities Inc. is the primary dealer within
the firm's holding company structure.
• Commercial Paper now must be rated by at least two rating services and requires
the highest rating by all services that rate the investment.
• General Obligation Debt's maximum allowable maturity is now three years, and now
must be rated at least AA or the equivalent by two services. Similarly, Revenue
Obligation Debt's minimum rating was increased to AAA or the equivalent.
• In Paragraphs h. and i. dealing with Local Government Investment Pools and Money
Market Funds we revised the "limit assets of the fund to" reference to read "those
authorized by state statute." The existing references to individual securities could
require a policy amendment if a money market fund or pool decides to invest in
different securities. "Authorized by state statute" is all encompassing, and the
requirement that money market funds and investment pools have the highest credit
rating maximizes safety of the investment. Also in these paragraphs we corrected the
reference to Rule 2a-7 of the Investment Company Act of 1940.
• The Time Certificates of Deposit paragraph was reworded for easier reading.
Town of Avon Investment Policy Page 1
Summary of Recommended Changes
Lmbia
ASSET MANAGEMENT
• At the end of this section we added a paragraph authorizing deviations from investment
policy requirements when investing bond proceeds. For example, this provision would
permit longer maturities if required to meet specific cash flow requirements.
Investment Diversification — Page 6
• We reworded the paragraph for easier reading.
Selection of Broker/Dealers — Page 6
• We added the holding company qualification referred to above.
• We recommend deleting the requirement for broker/dealers to provide written receipt
of the Town's investment policy for these reasons:
When a public entity employs an SEC registered investment advisor, the
responsibility for determining the suitability of investments with respect to state
statutes and investment policy guidelines shifts from the brokers to the investment
advisor. As beneficiaries of vast improvements in technology, brokers today are
judged by their ability to execute trades quickly and economically, rather than their
ability to review and understand the terms of a client's investment policy.
As investment advisor, MBIA Asset Management believes our clients should look to
us to understand the terms of their investment policies and to manage their
investments accordingly. We also believe our clients should expect us to provide
continuing due diligence reviews of brokers to be sure only the best and the most
competitive are utilized.
Also like most businesses, brokers today are increasingly concerned about liability
for damages, both real and perceived. When asked to sign documents
acknowledging receipt, review or agreement to comply with an investment policy,
most brokers require legal or compliance department review and approval. This can
take weeks or even months, potentially delaying our ability to competitively place
trades on our client's behalf.
Competitive Transactions — Page 7
• Reworded for easier reading and deleted the unnecessary final paragraph.
Selection of Financial Institutions as Depositories and as Providers of General
Banking Services — Page 7
• For simplicity, we renamed this section "Selection of Banks," reworded it for easier
reading and corrected the statute reference.
• We recommend deletion of the last paragraph since it is procedural rather than
policy.
Portfolio Performance — Page 8
• "Attain a market (not market value) rate of return" means the portfolio should be
invested to achieve or exceed current market rates, consistent with the limitations of
the investment policy and cash flow needs.
Town of Avon Investment Policy Page 2
Summary of Recommended Changes
TOWN OF AVON, COLORADO
INVESTMENT POLICY
January 22, 2008
1. Policy
It is the policy of the Town of Avon to invest public funds in a manner that will provide the
highest investment return with maximum security while meeting the daily cash flow demands of
the Town and conforming to all state and local statutes governing the investment of public funds.
2. Purpose
The purpose of this investment policy is to establish the Town of Avon's investment scope,
standards of prudence, objectives, authority, eligible investments, safekeeping and custody
requirements, diversification, and internal controls.
3. Finance Committee
The Town Council of the Town of Avon shall act as the Town's finance committee and shall
meet as necessary to determine general strategies and monitor results. The finance committee
shall include in its deliberations such topics as: economic outlook, portfolio diversification and
maturity structure, potential risks to the Town's funds, brokers and dealers, and the rate of return
on the investment portfolio.
4. Scope
This investment policy applies to all investment activities of the Town of Avon. All financial
assets of other funds, including funds that may be created from time to time, shall be
administered in accordance with the provisions of this policy. These funds are accounted for in
the Town's Comprehensive Annual Financial Report and include:
a. General Fund
b. Special Revenue Funds
c. Debt Service Funds
d. Capital Project Funds
e. Internal Service Funds
f. Enterprise Funds
g. Trust and Agency Funds
5. Objectives
The primary objectives of the Town of Avon's investment activities shall be:
a. Preservation of capital and protection of investment principal.
b. Maintenance of sufficient liquidity to meet anticipated cash flows.
Town of Avon
Investment Policy
January 22, 2008
Page 2
c. Diversification to avoid incurring unreasonable market risks.
d. Attainment of a market rate of return.
e. Conformance with all applicable Town policies, and State and Federal regulations.
6. Authority
The ultimate responsibility for the investment of the funds of the Town of Avon covered by this
Investment Policy resides with the Town Council. The Town Council has delegated to the
Finance Director responsibility for developing policy regarding the investment and custody of the
Town's funds.
The Finance Director shall develop written administrative procedures and internal controls,
consistent with this Investment Policy, for the operation of the Town's investment program.
Such procedures shall be designed to prevent losses of public funds arising from fraud, employee
error, misrepresentation by third parties, or imprudent actions by employees of the Town.
The Finance Director may delegate the authority to conduct investment transactions and manage
the operation of the investment portfolio to other specifically authorized staff members. The
Finance Director shall maintain a list of persons authorized to transact securities business for the
Town. No person may engage in an investment transaction except as expressly provided under
the terms of this Investment Policy.
The Town may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the Town's financial resources.
7. Prudence
The standard of prudence, as defined by the Colorado Revised Statutes (CRS), to be used for
managing the Town's assets is the "prudent investor" rule applicable to a fiduciary, that states
that a prudent investor "shall exercise the judgment and care, under circumstances then
prevailing, which men of prudence, discretion, and intelligence exercise in the management of
the property of another, not in regard to speculation but in regard to the permanent disposition of
funds, considering the probable income as well as the probable safety of their capital." (CRS 15-
1-304, Standard for Investments.)
The Town's overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust. The Town recognizes that no investment is
totally without risk and that the investment activities of the Town are a matter of public record.
Town of Avon
Investment Policy
January 22, 2008
Page 3
Accordingly, the Town recognizes that occasional measured losses may occur in a diversified
portfolio and shall be considered within the context of the overall portfolio's return, provided that
adequate diversification has been implemented and that the sale of a security is in the best long-
term interest of the Town.
The Finance Director and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the Town Council and appropriate action is taken
to control adverse developments.
8. Ethics and Conflicts of Interest
Elected officials and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or that
could impair or create the appearance of an impairment of their ability to make impartial
investment decisions. Investment officials and employees shall disclose to the Town Manager
any material financial interests they have in financial institutions that conduct business with the
Town, and they shall subordinate their personal investment transactions to those of the Town.
9. Internal Control
The Finance Director shall establish a system of internal controls to ensure the integrity of the
investment process. The system shall be designed to prevent loss of public funds through fraud,
error, misrepresentation by third parties, or imprudent actions by elected officials and employees
of the Town. The system of internal controls shall be reviewed periodically by the Town's
independent auditor.
10. Authorized Securities and Transactions
All investments shall be made in accordance with Colorado Revised Statutes as follows: CRS
11-10.5-101, et seq., Public Deposit Protection Act; CRS 11-47-101, et seq., Savings and Loan
Association Public Deposit Protection Act; CRS 24-75-601, et seq., Funds — Legal Investments;
CRS 24-75-603, Depositories; CRS 24-75- 702, Local governments — authority to pool surplus
funds. Any revisions or extensions of these sections of the CRS will be assumed to be part of
this Investment Policy immediately upon being enacted. Only the following types of securities
and transactions shall be eligible for use by the Town:
a. U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds, and
Treasury Strips with a final maturity not exceeding five years from the date of trade
settlement.
Town of Avon
Investment Policy
January 22, 2008
Page 4
b. Federal Agency Securities: Debentures and mortgage -backed securities with a stated
final maturity not exceeding five years from the date of trade settlement issued by the
Government National Mortgage Association (GNMA).
c. Federal Instrumentality Securities: Debentures, discount notes, callable, step-up, and
stripped principal or coupons with a final maturity not exceeding five years from the date
of trade settlement issued by the following only: Federal Farm Credit Bank (FFCB),
Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC),
and Federal National Mortgage Association (FNMA).
d. Repurchase Agreements with a termination date of 180 days or less collateralized by
U.S. Treasury securities or Federal Instrumentality securities listed above with a final
maturity not exceeding ten years. For the purpose of this section, the term collateral shall
mean purchased securities under the terms of the PSA Bond Market Trade Association
Master Repurchase Agreement as modified by the Town's Master Repurchase Agreement
Annex. The purchased securities shall have a minimum market value including accrued
interest of 102 percent of the dollar value of the transaction. Collateral shall be held in
the Town's third -party custodian bank as safekeeping agent, and the market value of the
collateral securities shall be marked -to -the market daily.
Repurchase Agreements shall be entered into only with counterparties who have executed
a Master Repurchase Agreement with the Town and who are recognized as Primary
Dealers with the Federal Reserve Bank of New York, or with firms that have a Primary
Dealer within their holding company structure. Primary Dealers approved as Repurchase
Agreement counterparties shall have a short-term credit rating of at least A-1 or the
equivalent and a long-term credit rating of at least A or the equivalent by each service that
rates the firm.
e. Commercial Paper with an original maturity of 270 days or less that is rated at least A-1
by Standard & Poor's, P-1 by Moody's, or F1 by Fitch at the time of purchase by at least
two services that rate the commercial paper and rated not less by all services that rate it.
If the commercial paper issuer has senior debt outstanding, the senior debt must be rated
at least A by Standard & Poor's, A2 by Moody's, or A by Fitch by at least two services
that rate the issuer and rated not less by all services that rate it. No more than 5% of the
Town's total portfolio may be invested in the commercial paper of any one issuer, and the
aggregate investment in commercial paper shall not exceed 20% of the Town's total
portfolio.
f. General Obligation Debt with a final maturity not exceeding three years from the date of
trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
least AA by Standard & Poor's, Aa by Moody's or AA by Fitch at the time of purchase by
at least two such services that rate the entity.
Town of Avon
Investment Policy
January 22, 2008
Page 5
g.
Revenue Obligation Debt with a final maturity not exceeding three years from the date
of trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
least AAA by Standard & Poor's, Aaa by Moody's or AAA by Fitch at the time of
purchase by at least two such services that rates the entity.
h. Local Government Investment Pools organized under CRS 24-75-702 that are "no-
load" (no commission or fee charged on purchases or sales of shares); have a constant net
asset value of $1.00 per share; limit assets of the fund to those authorized by state statute;
have a maximum stated maturity and weighted average maturity in accordance with Rule
2a-7 of the Investment Company Act of 1940; and have a rating of AAAm by Standard &
Poor's, Aaa by Moody's, or AAA/V 1+ by Fitch.
i. Money Market Funds registered under the Investment Company Act of 1940 that are
"no-load" (no commission or fee charged on purchases or sales of shares); have a
constant net asset value of $1.00 per share; limit assets of the fund to those authorized by
state statute; have a maximum stated maturity and weighted average maturity in
accordance with Rule 2a-7 of the Investment Company Act of 1940; and have a rating of
AAAm by Standard & Poor's, Aaa by Moody's, or AAA/V1+ by Fitch.
J.
Time Certificates of Deposit with a maturity not exceeding one year in any FDIC
insured state bank, national bank, or state or federal savings bank located in Colorado that
meets the credit criteria set forth in the section of this Investment Policy, "Selection of
Banks." Certificates of deposit that exceed FDIC insurance limits shall be collateralized
as required by the Public Deposit Protection Act or the Savings and Loan Association
Public Deposit Protection Act.
The foregoing list of authorized investments shall be strictly interpreted. Any deviation from this
list shall have advance approval by the Town Council in writing.
The Town may from time to time issue bonds, the proceeds of which must be invested to meet
specific cash flow requirements. In such circumstances and notwithstanding the paragraph
immediately above, the reinvestment of debt issuance or related reserve funds may, upon the
advice of Bond Counsel or financial advisors, deviate from the provisions of this Investment
Policy with the written approval of the Finance Director.
11. Investment Diversification
The Town shall diversify its investments to avoid incurring unreasonable risks inherent in over
investing in specific instruments, individual financial institutions or maturities. The asset
allocation in the portfolio should however, be flexible depending upon the outlook for the
economy, the securities market and the Town's anticipated cash flow needs. Diversification
strategies and guidelines shall be determined and revised periodically by the Finance Committee.
Town of Avon
Investment Policy
January 22, 2008
Page 6
12. Investment Maturity and Liquidity
To the extent possible, investments shall be matched with anticipated cash flow requirements and
known future liabilities. Unless matched to a specific cash flow requirement, the Town will not
invest in securities maturing more than five years from the date of trade settlement. The Town
shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days
or less. At least 10% of the portfolio shall be invested in overnight investments or securities that
can be sold to raise cash on one day's notice.
13. Selection of Broker/Dealers
The Finance Director shall maintain a list of broker/dealers approved for investment purposes,
and it shall be the policy of the Town to purchase securities only from those authorized firms.
To be eligible, a firm must meet at least one of the following criteria:
a. Be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a
Primary Dealer within its holding company structure, or
b. Report voluntarily to the Federal Reserve Bank of New York, or
c. Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net
Capital Rule).
Broker/dealers will be selected by the Finance Director on the basis of their expertise in public
cash management and their ability to provide service to the Town's account. Each authorized
broker/dealer shall be required to submit and annually update a Town approved Broker/Dealer
Information Request form that includes the firm's most recent financial statements.
The Town may purchase commercial paper from direct issuers even though they are not on the
approved broker/dealer list as long as they meet the criteria outlined in the Section, "Authorized
Securities and Transactions" of this Investment Policy.
14. Competitive Transactions
All investment transactions shall be conducted competitively with authorized broker/dealers. At
least three broker/dealers shall be contacted for each transaction and their bid and offering prices
shall be recorded.
If the Town is offered a security for which there is no other readily available competitive
offering, the Treasurer will document quotations for comparable or alternative securities.
Town of Avon
Investment Policy
January 22, 2008
Page 7
15. Selection of Banks
The Finance Director shall maintain a list of FDIC insured banks approved to provide depository
and other banking services for the Town. To be eligible, a bank shall qualify as an eligible public
depository as defined in CRS 11-10.5-103 and must meet the minimum credit criteria (described
below) of credit analysis provided by one or more commercially available bank rating services.
Banks failing to meet the minimum criteria, or in the judgment of the Finance Director no longer
offering adequate safety to Town, may be removed from the list.
The Town shall utilize Highline Banking Data Services to perform a credit analysis on banks
seeking authorization. The analysis shall include a composite rating, and individual ratings of
liquidity, asset quality, profitability and capital adequacy. To be eligible for designation to
provide depository and other banking services, a bank shall have an average Highline Banking
Data Services Rating of 30 or better on a scale of zero to 99 with 99 being the highest quality for
the four most recent reporting quarters.
16. Safekeeping and Custody
The Finance Director shall approve one or more banks to provide safekeeping and custodial
services for the Town. A Town approved Safekeeping Agreement shall be executed with each
custodian bank prior to utilizing that bank's safekeeping services. To be eligible, a bank shall
have an average Highline Banking Data Services Rating of 20 or better on a scale of zero to 99
with 99 being the highest quality for the four most recent reporting quarters.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a
delivery versus payment basis. Ownership of all securities shall be perfected in the name of the
Town, and sufficient evidence to title shall be consistent with modern investment, banking and
commercial practices.
All investment securities, except certificates of deposit, local government investment pools and
money market funds purchased by the Town will be delivered by either book entry or physical
delivery and will be held in third -party safekeeping by the Town's approved custodian bank, its
correspondent bank or the Depository Trust Company (DTC).
All Fed wireable book entry securities owned by the Town shall be evidenced by a safekeeping
receipt or a customer confirmation issued to the Town by the custodian bank stating that the
securities are held in the Federal Reserve system in a Customer Account for the custodian bank
which will name the Town as "customer."
All DTC eligible securities shall be held in the custodian bank's Depository Trust Company
(DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing
that the securities are held for the Town as "customer."
Town of Avon
Investment Policy
January 22, 2008
Page 8
All non -book entry (physical delivery) securities shall be held by the custodian bank's
correspondent bank and the custodian bank shall issue a safekeeping receipt to the Town
evidencing that the securities are held by the correspondent bank for the Town as "customer."
The custodian bank shall furnish the Town monthly reports of security holdings and safekeeping
activity.
17. Portfolio Performance
The Town's investment portfolio shall be designed to attain a market rate of return throughout
budgetary and economic cycles, taking into account prevailing market conditions, risk constraints
for eligible securities, and cash flow requirements. The performance of the portfolio shall be
compared to the average yield on the U.S. Treasury security that most closely corresponds to the
portfolio's weighted average effective maturity. When comparing the performance of the Town's
portfolio, all fees involved with managing the portfolio shall be included in the computation of
the portfolio's rate of return net of fees.
18. Reporting
The Finance Director shall prepare quarterly an investment report listing the investments held by
the Town and the market value of those investments. The report shall include a summary of
investment earnings and performance results during the period.
19. Policy Revisions
This Investment Policy shall be reviewed periodically by the Finance Director and amended by
the Town Council as conditions warrant.
TOWN OF AVON, COLORADO
INVESTMENT POLICY
2007
1. Policy
It is the policy of the Town of Avon to invest public funds in a manner that will provide the
highest investment return with maximum security while meeting the daily cash flow demands of
the Town and conforming to all state and local statutes governing the investment of public funds.
2. Purpose
The purpose of this investment policy is to establish the Town of Avon's investment scope,
standards of prudence, objectives, authority, eligible investments, safekeeping and custody
requirements, diversification, and internal controls.
3. Finance Committee
The Town Council of the Town of Avon shall act as the Town's finance committee and shall
meet as necessary to determine general strategies and monitor results. The finance committee
shall include in its deliberations such topics as: economic outlook, portfolio diversification and
maturity structure, potential risks to the Town's funds, brokers and dealers, and the rate of return
on the investment portfolio.
4. Scope
This investment policy applies to all investment activities of the Town of Avon. All financial
assets of other funds, including funds that may be created from time to time, shall be
administered in accordance with the provisions of this policy. These funds are accounted for in
the Town's Comprehensive Annual Financial Report and include:
a. General Fund
b. Special Revenue Funds
c. Debt Service Funds
d. Capital Project Funds
e. Internal Service Funds
f. Enterprise Funds
g. Trust and Agency Funds
5. Objectives
The primary objectives of the Town of Avon's investment activities shall be:
a. Preservation of capital and protection of investment principal.
b. Maintenance of sufficient liquidity to meet anticipated cash flows.
(.Deleted: July 12, 2005
Town of Avon
Investment Policy
Page 2
c. Diversification to avoid incurring unreasonable market risks.
d. Attainment of a market rate of return.
e. Conformance with all applicable Town policies, and State and Federal regulations.
6. Authority
The ultimate responsibility for the investment of the funds of the Town of Avon covered by this
Investment Policy resides with the Town Council. The Town Council has delegated to the
Finance Director responsibility for developing policy regarding the investment and custody of the
Town's funds.
The Finance Director shall develop written administrative procedures and internal controls,
consistent with this Investment Policy, for the operation of the Town's investment program.
Such procedures shall be designed to prevent losses of public funds arising from fraud, employee
error, misrepresentation by third parties, or imprudent actions by employees of the Town.
The Finance Director may delegate the authority to conduct investment transactions and manage
the operation of the investment portfolio to other specifically authorized staff members. The
Finance Director shall maintain a list of persons authorized to transact securities business for the
Town. No person may engage in an investment transaction except as expressly provided under
the terms of this Investment Policy.
The Town may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the Town's financial resources.
7. Prudence
The standard of prudence, as defined by the Colorado Revised Statutes (CRS), to be used for
managing the Town's assets is the "prudent investor" rule applicable to a fiduciary, that states
that a prudent investor "shall exercise the judgment and care, under circumstances then
prevailing, which men of prudence, discretion, and intelligence exercise in the management of
the property of another, not in regard to speculation but in regard to the permanent disposition of
funds, considering the probable income as well as the probable safety of their capital." (CRS 15-
1-304, Standard for Investments.)
The Town's overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust. The Town recognizes that no investment is
totally without risk and that the investment activities of the Town are a matter of public record.
Town of Avon
Investment Policy
Page 3
Accordingly, the Town recognizes that occasional measured losses pay occur in a diversified
portfolio and shall be considered within the context of the overall portfolio's return, provided that
adequate diversification has been implemented and that the sale of a security is in the best long-
term interest of the Town.
The Finance Director and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the Town Council and appropriate action is taken
to control adverse developments.
8. Ethics and Conflicts of Interest
Elected officials and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or that
could impair or create the appearance of an impairment of their ability to make impartial
investment decisions. Investment officials and employees shall disclose to the Town Manager
any material financial interests they have in financial institutions that conduct business with the
Town, and they shall subordinate their personal investment transactions to those of the Town.
9. Internal Control
The Finance Director shall establish a system of internal controls to ensure the integrity of the
investment process. The system shall be designed to prevent loss of public funds through fraud,
error, misrepresentation by third parties, or imprudent actions by elected officials and employees
of the Town. The system of internal controls shall be reviewed periodically by the Town's
independent auditor.
10. Authorized Securities and Transactions
All investments shall be made in accordance with Colorado Revised Statutes as follows: CRS
11-10.5-101, et seq., Public Deposit Protection Act; CRS 11-47-101, et seq., Savings and Loan
Association Public Deposit Protection Act; CRS 24-75-601, et seq., Funds - Legal Investments;
CRS 24-75-603,,Depositories; CRS 24-75-, 702, ,Local governments — authority to pool surplus
funds. Any revisions or extensions of these sections of the CRS will be assumed to be part of
this Investment Policy immediately upon being enacted. Only the following types of securities
and transactions shall be eligible for use by the Town:
a. U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds, and
Treasury Strips with a final maturity not exceeding five years from the date of grade
settlement.
b. Federal Agency Securities: Debentures and mortgage -backed securities with a stated
final maturity not exceeding five years from the date of grade settlement issued by the
Government National Mortgage Association (GNMA).
l Deleted: are inevitable
J
Deleted: et seq.,
Deleted: 701 and
Deleted: et seq., Investment Funds —
Local Government Pooling
Deleted: purchase
Deleted: purchase
Town of Avon
Investment Policy
Page 4
c. Federal Instrumentality Securities: Debentures, discount notes, callable, step-up, and
stripped principal or coupons with a final maturity not exceeding five years from the date
of trade settlement issued by the following only: Federal Farm Credit Bank (FFCB),
Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC),
and Federal National Mortgage Association (FNMA).
d. Repurchase Agreements with a termination date of 180 days or less collateralized by
U.S. Treasury securities or Federal Instrumentality securities listed above with a final
maturity not exceeding ten years. For the purpose of this section, the term collateral shall
mean purchased securities under the terms of the PSA Bond Market Trade Association
Master Repurchase Agreement as modified by the Town's Master Repurchase Agreement
Annex. The purchased securities shall have a minimum market value including accrued
interest of 102 percent of the dollar value of the transaction. Collateral shall be held in
the Town's third -party custodian bank as safekeeping agent, and the market value of the
collateral securities shall be marked -to -the market daily.
Repurchase Agreements shall be entered into only with counterparties who have executed
a Master Repurchase Agreement with the Town and who are recognized as Primary
Dealers with the Federal Reserve Bank of New York. or with firms that have a Primary
Dealer within their holding company structure. Primary Dealers approved as Repurchase
Agreement counterparties shall have a short-term credit rating of at least A-1 or the
equivalent and a long-term credit rating of at least A or the equivalent by each service that
rates the firm.
e. Commercial Paper with an original maturity of 270 days or less that is rated at least A-1
by Standard & Poor's, P-1 by Moody's, or F1 by Fitch at the time of purchase bypt least
two services that rate, the commercial paper and rated not less by all services that rate it.
If the commercial paper issuer has senior debt outstanding, the senior debt must be rated
at least A by Standard & Poor's, A2 by Moody's, or A by Fitch by,at least two services
that rate, the issuer and rated not less by all services that rate it. No more than 5% of the
Town's total portfolio may be invested in the commercial paper of any one issuer, and the
aggregate investment in commercial paper shall not exceed 20% of the Town's total
portfolio.
f. General Obligation Debt with a final maturity not exceeding three years from the date of
trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
least AA by Standard & Poor's, Aa by Moody's or AA by Fitch at the time of purchase by
at least,two such services that rat;,the entity.
g.
Revenue Obligation Debt with a final maturity not exceeding three years from the date
of trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
Deleted: purchase
EDeleted: each
Deleted: s
EDeleted: each
Deleted: s
( Deleted: five
Deleted: one
EDeleted: s
Deleted: five
3
Town of Avon
Investment Policy
Page 5
least AAA by Standard & Poor's, Aaa by Moody's or AAA by Fitch at the time of
purchase by at least $wo such services that rates the entity.
h. Local Government Investment Pools organized under CRS 24-75;702 that are "no-
load" (no commission or fee charged on purchases or sales of shares); have a constant net
asset value of $1.00 per share; limit assets of the fund to $hose authorized by state statute;
have a maximum stated maturity and weighted average maturity in accordance with ,Rule
2a-7 of the Investment Company Act of 1940; and have a rating of AAAm by Standard &
Poor's, Aaa by Moody's, or AAA/V1+ by Fitch.
i. Money Market Funds registered under the Investment Company Act of 1940 that are
"no-load" (no commission or fee charged on purchases or sales of shares); have a
constant net asset value of $1.00 per share; limit assets of the fund to $hose authorized by
state statute; have a maximum stated maturity and weighted average maturity in
accordance with ,Rule 2a-7 of the Investment Company Act of 1940; and have a rating of
AAAm by Standard & Poor's, Aaa by Moody's, or AAAN1+ by Fitch.
J•
Time Certificates of Deposit with a maturity not exceeding one year in any FDIC
insured state bank, national bank, or state or federal savings ,bank located in Colorado that
,meets the credit criteria set forth in the section of this Investment Policy, "Selection of
,Banks." Certificates of deposit that exceed FDIC insurance limits shall be collateralized
as required by the Public Deposit Protection Act or the Savings and Loan Association
Public Deposit Protection Act.
The foregoing list of authorized investments shall be strictly interpreted. Any deviation from this
list shall have advance approval by the Town Council in writing.
The Town, may from time to time issue bonds, the proceeds of which must be invested to meet
specific cash flow requirements. In such circumstances and notwithstanding the paragraph
immediately above, the reinvestment of debt issuance or related reserve funds may, upon the
advice of Bond Counsel or financial advisors, deviate from the provisions of this Investment
Policy with the written approval of the Finance Director,
11. Investment Diversification
,The Town shall diversify &investments $o avoid incurring unreasonable risks inherent in over
investing in specific instruments, individual financial institutions or maturities. The asset
allocation in the portfolio should however, be flexible depending upon the outlook for the
economy, the securities market and the Town's anticipated cash flow needs. Diversification
strategies and guidelines shall be determined and revised periodically by the Finance Committee.
12. Investment Maturity and Liquidity
To the extent possible, investments shall be matched with anticipated cash flow requirements and
known future liabilities. Unless matched to a specific cash flow requirement, the Town will not
Deleted: one
Deleted: 701 and CRS 24 -75 -
Deleted: I,'.S. Treasury obligations,
Federal Instrumentality securities,
repurchase agreements collateralized by
U.S. Treasury or Federal Instrumentality
securities, and commercial paper
Deleted: Federal Securities Regulation
Deleted: U.S. Treasury obligations,
Federal Instrumentality securities,
repurchase agreements collateralized by
U.S. Treasury or Federal Instrumentality
securities, and commercial paper
Deleted: Federal Securities Regulation
Deleted: and loan association
Deleted: is a member of the Federal
Deposit Insurance Corporation, and
Deleted: Financial Institutions as
Depositories and as Providers of General
Banking Services
Deleted: It is the intent of the Town
that the
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3
IDeleted: It is the intent of the Town to
Deleted: the
I Deleted: within the portfolio
Town of Avon
Investment Policy
Page 6
invest in securities maturing more than five years from the date of ,trade settlement. The Town
shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days
or less. At least 10°/o of the portfolio shall be invested in overnight investments or securities that
can be sold to raise cash on one day's notice.
13. Selection of Broker/Dealers
The Finance Director shall maintain a list of,broker /dealers approved for investment purposes,
and it shall be the policy of the Town to purchase securities only from those authorized firms.
To be eligible, a firm must meet at least one of the following criteria:
a. Be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a
Primary Dealer within its holding company structure, or
b. Report voluntarily to the Federal Reserve Bank of New York, or
c. Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net
Capital Rule).
Broker/dealers will be selected by the Finance Director on the basis of their expertise in public
cash management and their ability to provide service to the Town's account. Each authorized
broker/dealer shall be required to submit and annually update a Town approved Broker/Dealer
Information Request form that includes the firm's most recent financial statements.
The Town may purchase commercial paper from direct issuers even though they are not on the
approved broker. /dealer list as long as they meet the criteria outlined in the Section, "Authorized
Securities and Transactions" of this Investment Policy.
Deleted: purchase
Deleted: authorized
Deleted: authorized by the Finance
Director
Deleted: The Finance Director shall
maintain a file of the most recent
Broker/Dealer Information forms
submitted by each firm approved for
investment purposes. Broker/Dealers
shall also attest in writing that they have
received a copy of this Policy.
Town of Avon
Investment Policy
Page 7
14. Competitive Transactions
I All investment transactions shall be conducted competitively ,with authorized broker`dealers„ At
least three broker dealers shall be contacted for each transaction and their bid and offering prices
shall be recorded.
If the Town is offered a security for which there is no other readily available competitive
offering, jhe Treasurer will document quotations for comparable or alternative securities.
15. Selection of,Banks
The Finance Director shall maintain a list of,FDIC insured banks approved to provide depository
and other banking services for the Town. To be eligible„ a bank,shall qualify as,an eligible public
depository ,,as defined in CRS,11-10.5-103 and must meet the minimum credit criteria (described
below) of credit analysis provided by one or more commercially available bank rating services.
Banks failing to meet the minimum criteria, or in the judgment of the Finance Director no longer
offering adequate safety to Town, may be removed from the list.
The Town shall utilize Highline Banking Data Services to perform a credit analysis on banks
seeking authorization. The analysis shall include a composite rating, and individual ratings of
liquidity, asset quality, profitability and capital adequacy. To be eligible for designation to
provide depository and other banking services, a bank shall have an average Highline Banking
Data Services Rating of 30 or better on a scale of zero to 99 with 99 being the highest quality for
the four most recent reporting quarters.
16. Safekeeping and Custody
The Finance Director shall approve one or more ,banks to provide safekeeping and custodial
services for the Town. A Town approved Safekeeping Agreement shall be executed with each
custodian bank prior to utilizing that bank's safekeeping services. To be eligible, a ark shall
have an average Highline Banking Data Services Rating of 20 or better on a scale of zero to 99
with 99 being the highest quality for the four most recent reporting quarters.
,The purchase and sale of securities and repurchase agreement transactions shall be settled on a
delivery versus payment basis. Ownership of all securities shall be perfected in the name of the
Town, and sufficient evidence to title shall be consistent with modern investment, banking and
commercial practices.
All investment securities, except certificates of deposit, local government investment pools and
money market funds purchased by the Town will be delivered by either book entry or physical
delivery and will be held in third -party safekeeping by the Town's approved custodian bank, its
correspondent bank or the Depository Trust Company (DTC).
Deleted: Each
Deleted: transacted
Deleted: who have been authorized by
the Town
Deleted: then
Deleted: q
When purchasing original issue
instrumentality securities, no competitive
offerings will be required as all dealers in
the selling group offer those securities at
the same original issue price.
Deleted: Financial Institutions as
Depositories and as Providers of
General Banking Services
Deleted: authorized financial
institutions that are
Deleted: for authorization
Deleted: must be a member of the
Federal Deposit Insurance Corporation,
Deleted: a
Deleted: of public funds in Colorado
Deleted: 24-75-603
Deleted: ¶
The Finance Director shall maintain a file
of the most recent credit rating analysis
reports performed for each approved
financial institution by one of the above
listed rating firms. Credit analyses shall
be perfonned at least semi-annually on all
approved banks.
Deleted: for designation as the Town's
safekeeping and custodian bank
Deleted: The Finance Director shall
maintain a file of the credit rating
analysis reports performed for each
approved financial institution. 9
4
Town of Avon
Investment Policy
Page 8
All Fed wireable book entry securities owned by the Town shall be evidenced by a safekeeping
receipt or a customer confirmation issued to the Town by the custodian bank stating that the
securities are held in the Federal Reserve system in a Customer Account for the custodian bank
which will name the Town as "customer."
All DTC eligible securities shall be held in the custodian bank's Depository Trust Company
(DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing
that the securities are held for the Town as "customer."
All non -book entry (physical delivery) securities shall be held by the custodian bank's
correspondent bank and the custodian bank shall issue a safekeeping receipt to the Town
evidencing that the securities are held by the correspondent bank for the Town as "customer."
The custodian bank shall furnish the Town monthly reports of security holdings and safekeeping
activity.
17. Portfolio Performance
The Town's investment portfolio shall be designed to attain a market rate of return throughout
budgetary and economic cycles, taking into account prevailing market conditions, risk constraints
for eligible securities, and cash flow requirements. The performance of the portfolio shall be
compared to the average yield on the U.S. Treasury security that most closely corresponds to the
portfolio's weighted average effective maturity. When comparing the performance of the Town's
portfolio, all fees involved with managing the portfolio shall be included in the computation of
the portfolio's rate of return net of fees.
18. Reporting
The Finance Director shall prepare quarterly an investment report listing the investments held by
the Town and the market value of those investments. The report shall include a summary of
investment earnings and performance results during the period.
Deleted: value
Town of Avon
Investment Policy
Page 9
19. Policy Revisions
This Investment Policy shall be reviewed periodically by the Finance Director and amended by
the Town Council as conditions warrant.
RESOLUTION NO. 08-05
SERIES OF 2008
A RESOLUTION ADOPTING REVISIONS TO THE TOWN'S INVESTMENT
POLICY
WHEREAS, The Town adopted its current investment policy on July 12, 2005;
and
WHEREAS, The Town of Avon wishes to continue to operate a contemporary
and comprehensive treasury management program; and
WHEREAS, Certain administrative -type changes have been recommended by the
Town's investment advisors.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of
the Town of Avon, Colorado, adopts a revised Investment Policy, a copy of which is
attached.
ADOPTED AND PASSED, this 22nd day of January, 2008
TOWN OF AVON
By:
Ronald C. Wolfe
Mayor
ATTEST:
Patty McKenny
Town Clerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer cot 3
Shane Pegram, Engineer II
Date: January 16, 2007
Re: Operating Agreement — Tract O, Beaver Creek Subdivision — As Part of Town of
Avon Whitewater Park Activities
Summary: The Avon Whitewater Park consists of three water features within the Eagle River,
viewing areas on the north river bank, and a boat ramp on the south river bank. The boat ramp is
located within an easement on Tract O, Beaver Creek Subdivision, owned by The Vail Corporation.
This memorandum is to present the Tract O Operating Agreement with The Vail Corporation,
attached as Exhibit A. The easement on Tract O, known as PE -01, is defined in the River
Improvements Easement Agreement (Tract O), attached as Exhibit B. The Tract O Operating
Agreement mandates operating season, hours, maintenance, and security. The operating
agreement also requires the Town of Avon provide portable toilets, changing facilities, trash
receptacles, signage, and protective fencing.
Previous Council Action: The following is a list of previous Town Council actions with regard to the
Whitewater Park:
• March 12, 2005 — Approval of River Restoration's proposal for conceptual design services.
• June 14, 2005 — Approval of River Restoration's proposal for Preliminary and Final Design
Services.
• November 8, 2005 — Approval of River Restoration's additional design services required for
filing the RICID water rights application.
• August 8, 2006 — Approval of River Improvements Easement Agreement (Tract O), attached
as Exhibit B.
• August 8, 2006 — Construction contract awarded to Ted Seipel Construction.
• July 24, 2007 — Approval of River Restoration's Year 2 Adjustments Proposal and Ted
Seipel Construction's proposal for completion of adjustments.
• November 27, 2007 — Approval of Resolution 07-43, A Resolution to Amend the 2007
Capital Improvements Fund Budget, which added funds to the Whitewater Park budget for
construction of the protective fence required by the operating agreement.
Discussion: In the Fall of 2006, the Town of Avon constructed a new Whitewater Park on the Eagle
River. Permanent easements PE -01 and PE -02 were dedicated by The Vail Corporation to the
Town of Avon subject to the River Improvements Easement Agreement (Tract O), attached as
Exhibit B, for construction and operation of the Whitewater Park. The River Improvements
Easement Agreement mandates that use of the Easement be subject to an operating agreement
between the Town of Avon and The Vail Corporation.
The Operating Agreement will be incorporated into the Easement and is subject to operating rules
set forth in Exhibit A of the Operating Agreement. The Operating Rules mandate operating season,
hours, maintenance, and security of Tract O. The Operating Rules also require The Town of Avon
provide portable toilets, changing facilities, trash receptacles, signage and protective fencing. The
proposed fence configuration is attached as Exhibit C to this memorandum.
• Page 1
Financial Implications: The area described herein will be maintained by the Parks and Recreation
Department. Security will be provided by the Avon Police Department. All proposed maintenance
and improvements are within the proposed 2008 Operating and Capital Improvements budgets,
respectively.
Recommendation: Approve the Operating Agreement, Tract O, Beaver Creek Subdivision, As Part
of The Avon Whitewater Park Activities, between the Town of Avon and The Vail Corporation.
Proposed Motion: I move to approve the Operating Agreement, Tract O, Beaver Creek
Subdivision, As Part of The Avon Whitewater Park Activities, between the Town of Avon and The
Vail Corporation.
Town Manager Comments:
Attachments
• Exhibit A - Operating Agreement, Tract O, Beaver Creek Subdivision, As Part of The Avon
Whitewater Park Activities
• Exhibit B - River Improvements Easement Agreement (Tract O)
• Exhibit C — Proposed Fencing Map
• Page 2
T, + s r A
OPERATING AGREEMENT
TRACT O. BEAVER CREEK SUBDIVISION
AS PART OF TOWN OF AVON WATER PARK ACTIVITIES
THIS OPERATING AGREEMENT (the "Operating Agreement"), made effective as of
the 1st day of May, 2007 is by and between THE VAIL CORPORATION d/b/a VAIL
ASSOCIATES, INC., a Colorado corporation ("Vail"), and the TOWN OF Avon, a Colorado
municipal government, ("Avon"), whose Federal ID number is 84-0771088.
RECITALS
A. Vail and Avon have previously entered into that certain River Improvements
Easement Agreement (Tract O) recorded August 16, 2006 at Reception No. 200622400 in the
records of the Eagle County, Colorado Clerk and Recorder (the "Easement") pursuant to which
Avon has certain rights, as more particularly set forth in the Easement, on the real property
described as Tract O, Beaver Creek Subdivision, according to the exception plat recorded on
December 6, 1994 at Reception no. 552695 in Book 656 at Page 662 (the "Vail Property").
B. All terms not defined in this Operating Agreement shall have the meaning
ascribed thereunto in the Easement .
C. Pursuant to Section 4 of the Easement, Vail and Avon agreed to enter into this
Operating Agreement to set forth the obligations of Avon in the use and operation of the Vail
Property as a part of Avon's Water Park activities.
D. Vail and Avon desire to enter into this Operating Agreement to further support the
efforts of Avon to operate a portion of the Water Park on the Vail Property pursuant to the terms,
covenants and conditions contained herein.
AGREEMENT
In consideration of the recitals, terms, covenants and conditions contained herein, the
parties hereto agree as follows:
1. INCORPORATED INTO EASEMENT. This Operating Agreement
(including the provisions of Exhibit A attached hereto) is hereby incorporated into the Easement
for all purposes, and all provisions of the Easement shall be applicable and operative with respect
to this Operating Agreement, including said Exhibit A.
2. REQUIREMENTS ON THE VAIL PROPERTY. Subject to the terms and
conditions contained in this Operating Agreement and in the Easement, Avon shall be, and
hereby is, required to provide personnel and equipment for certain maintenance, operation, and
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
Page 1 of 13
general use of that portion of the Water Park on the Vail Property, as more specifically set forth
herein (the "Park Operation(s)").
3. TERM. Subject to the provisions of Section 6 hereof, this Operating
Agreement shall be in force and effect as long as the Easement is in force and effect.
4. OPERATING RULES AND ENFORCEMENT. Avon, on behalf of itself and
its employees, contractors, associates, agents or volunteers (the "Avon Agents") and the Avon
Permittees, hereby covenants and agrees to comply with the provisions, conditions, terms,
obligations and rules set forth on Exhibit A attached hereto and incorporated herein by this
reference (the "Operating Rules"). By entering into this Operating Agreement, Vail hereby
consents to Avon's entering the Vail Property to enforce the Operating Rules and Avon hereby
agrees to enter upon the Vail Property to enforce the Operating Rules.
5. RELATIONSHIP OF THE PARTIES.
a. The terms of the Easement and this Operating Agreement do not establish
an agreement of partnership, agency or employment of Avon or any of the Avon Agents. The
relationship of Avon to Vail shall be that of Licensor -Licensee for the sole purpose of Avon's
conducting the Park Operations as described herein and the rights under the Easement. In
performing the Park Operations and the rights and obligations under the Easement, Avon will not
be subject to the control of Vail but will be obligated to comply with the terms, covenants and
conditions of this Operating Agreement and the Easement
b. Based on the above, Avon and its employees shall specifically be excluded
from coverage under Vail's Worker's Compensation while performing Park Operations.
6 . DEFAULT AND REMEDIES. (a) If Avon commits any violation of any
provision of this Operating Agreement, such violation shall be deemed an "Event of Default"
under the Easement, and Vail shall have all rights and remedies under Section 8 of the
Easement. Avon hereby acknowledges and agrees that the rights under the Easement may be
revoked and/or suspended by Vail at any time for Avon's failure to fulfill the obligations of this
Operating Agreement, failure to adhere to the terms and conditions of this Operating Agreement
or conducting Operations in violation of applicable law(s). In the event of an Event of Default
under this Operating Agreement or the Easement, the rights granted under the Easement may be
suspended indefinitely and the provisions of this Operating Agreement shall be deprived of
practical significance and rendered moot until the rights under the Easement are re -instated and
once more in force and effect. Upon such re -instatement of the rights under the Easement, the
rights and obligations of the parties under this Operating Agreement shall once more be in force
and effect.
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
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Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
(b) The cure provisions of Section 8 of the Easement shall apply this to Operating Agreement,
provided, however, that in the event Vail determines the insurance required by the Easement is
not in place, the three (3) day notice provision may be suspended, and immediate revocation
or suspension of the Easement rights may result.
7. WAIVER OF DEFAULT. Failure to insist upon strict compliance with any of the
terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and
conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or
more times be deemed a waiver or relinquishment of such right or power at any other time or times.
No waiver shall be valid unless in writing and signed by authorized officers of the parties hereto.
8. LIMITATION OF AVON'S AUTHORITY. Avon shall not have, and shall not
represent itself as having, authority to act on behalf of or to bind Vail in any manner not
specifically set forth in this Operating Agreement and the Easement.
9. DELEGATION/ASSIGNMENT. Neither party may (a) delegate its respective
duties under this Operating Agreement; nor (b) assign this Operating Agreement without the
prior written consent of the other party.
10. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 9 above,
the terms, covenants and conditions of this Operating Agreement shall be binding on the
successors and assigns of each party.
11. COMPLIANCE WITH SAFETY PROGRAM. Avon hereby warrants that it will
be responsible for its own safety program and compliance with all applicable Occupational
Safety and Health Act regulations.
12. NONDISCRIMINATION. During the term of this Operating Agreement, Avon
agrees that it shall not discriminate: (a) against any employee or applicant for employment
because of race, color, religion, sex, national origin, age or handicap (Ref. Title VII of the Civil
Rights Act of 1964 as amended.); and (b) by segregation or otherwise against any person on the
basis of race, color, religion, sex, national origin, age or handicap, by curtailing or refusing to
furnish accommodations, facilities, Park Operations or use privileges offered to the public
generally. (Ref. Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the
Rehabilitation Act of 1973, Title IX of the Education Amendments, and the Age Discrimination
Act of 1975.)
13. NOTICES. Except as otherwise set forth herein, all notices or other
communications relating to this Operating Agreement shall be in writing, and shall be hand
delivered or mailed by first class mail, postage prepaid, to the address of the respective parties as
follows:
If to Vail: Vail Associates, Inc.
Attention: James Roberts and Gary Shimanowitz
Page 3 of 13
P.O. Box 7, Internal Box B1 and B27, respectively
Vail, Colorado 81658
Facsimile: 970.479.4030
With a copy to:
If to Avon:
Vail Associates, Inc.
Attn: Legal Compliance Officer
390 Interlocken Crescent, Suite 1000
Broomfield, Colorado 80021
Facsimile: 303.404.6422
Town of Avon
Attention: Justin Hildreth
PO Box 975
Avon, Colorado 81620
Facsimile: 970-949-5749
The time of the rendition of such notice or other communication shall be deemed to be the time
when it is personally delivered or three days after mailing via the U.S. Postal Service. Either
party, by notice so given, may change the address to which future notices or other
communications are to be sent.
14. CONFIDENTIALITY. Neither party shall disclose nor permit the disclosure of
any confidential information, except as required in the performance of this Operating Agreement,
during the performance of this Operating Agreement which confidential information concerns the
other party's operations, activities, business affairs as well as all such information pertaining to
Vail's subsidiaries, affiliates and venture members. Each party shall require the same
confidentiality of its consultants and subcontractors.
15. REMEDIES CUMULATIVE. All the rights and remedies of Vail under this
Operating Agreement are intended to be distinct, separate and cumulative.
16. MISCELLANEOUS.
a. Severability. If any clause or provision of this Operating Agreement shall be
held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof,
shall nevertheless be and remain in full force and effect.
b. Amendment. No amendment, alteration, modification of or addition to this
Operating Agreement shall be valid or binding unless expressed in writing and signed by the parties
to be bound thereby.
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c. Captions. The captions of each section are added as a matter of convenience
only and shall be considered of no effect in the construction of any provision of this Operating
Agreement.
d. Attorneys' Fees. If either party hereto shall bring any suit or action against
the other for relief, declaratory or otherwise, arising out of this Operating Agreement, the
preVailing party shall be entitled to and recover against the other party, in addition to all court costs
and disbursements, such sum as the Court may adjudge to be reasonable attorneys' fees.
e. Governing Law and Jurisdiction. This Operating Agreement shall be
governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive
jurisdiction and venue for any legal proceedings related to this Operating Agreement shall be in the
District Court for Eagle County, Colorado.
f. Survival. Any and all provisions, rights and obligations of the parties herein
described and agreed to be performed subsequent to the termination of this Operating Agreement
shall survive the termination of this Operating Agreement.
g. Time. Time is of the essence with respect to the performance of each of the
covenants and agreements herein set forth.
h. Review. The parties and their respective counsel have reviewed this
Operating Agreement in its entirety and acknowledge that each has had a full opportunity to
negotiate the Agreement's terms. Therefore, the parties expressly waive any and all applicable
common law and statutory rules of construction that any provision of this Operating Agreement
should be construed against the Agreement's drafter, and agree and affirm that the Agreement and
all provisions thereof shall in all cases be construed as a whole, according to the fair meaning of the
language used.
i. Waiver. Failure to insist upon strict compliance with any of the terms,
covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and
conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or
more times be deemed a waiver or relinquishment of such right or power at any other time or times.
No waiver shall be valid unless in writing and signed by an authorized officer of Vail.
j. Counterparts: Facsimile Transmission. This Operating Agreement may be
executed in any number of counterparts, any or all of which may contain the signatures of less than
all the parties, and all of which shall be construed together as but a single instrument and shall be
binding on the parties as though originally executed on one originally executed document.
k. Authority. This Operating Agreement constitutes a valid and binding
agreement of the parties, enforceable against each in accordance with its terms. To the extent the
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parties are not natural persons, the persons executing this document on such party's behalf have
actual power and authority to bind the corporation or other entity and to execute and deliver this
Operating Agreement.
1. Entire Agreement. This Operating Agreement contains the entire
agreement between the parties hereto and supersedes any and all prior agreements, proposals,
negotiations and representations pertaining to the Park Operations to be performed hereunder
IN WITNESS WHEREOF, the parties hereto have executed this Operating Agreement as
of the respective dates set forth below to become effective as of the day and year first set forth
above.
THE VAIL CORPORATION
d/b/a Vail Associates, Inc.
a Colorado corporation
TOWN OF Avon
a Colorado municipal government
By: By:
Name: John Garnsey Name:
Title: Executive Vice President Title:
Date: Date:
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EXHIBIT A
(Attached to and forming part of the
Operating Agreement by and between
The Vail Corporation and Town of Avon
dated as of May 1, 2007)
OPERATING RULES
NOTE: ANY VIOLATION OF THE BELOW OPERATING RULES SHALL BE
CONSIDERED AN EVENT OF DEFAULT AND MAY RESULT IN TERMINATION OR
SUSPENSION OF THE EASEMENT
1. OPERATING SEASON; OPERATING HOURS; GATE
a. The Park Operations shall be allowed to commence on the day following the close
of any published ski season on Beaver Creek Mountain and shall terminate on the earlier of the
day on which Vail begins operation of the water intake and/or pumphouse devices on the Vail
Property or October 1 in each and every year (the "Operating Season").
b. Hours of the Park Operations during the Operating Season will generally be from
dawn to dusk, daily, unless otherwise specified in a special events agreement, as described in
Section 8 of these Operating Rules.
c. The access gate at the southwest entrance to the Vail Property (the "Gate") will
remain open during daylight hours (dawn to dusk) of the Operating Season during which time
Avon, the Avon Agents and the Avon Permittees (including the general public) may access the
Vail Property, provided, however, in the event that damage to or abuse of the Vail Property
and/or the Vail Improvements is discerned by Vail, then Vail, in Vail's sole and absolution
discretion, may elect to close the Gate until and if Vail determines to re -open the Gate. In the
event that the Gate is not open during Operating Hours, call Beaver Creek Public Safety at 949-
4911.
2. MAINTENANCE/PORTAPOTTIES/CHANGING BUILDING
a. Avon and the Avon Agents shall keep the Vail Property in neat and clean
condition. Specifically, Avon shall remove all trash rubbish, signage (after conclusion of any
special event) and the like ("Rubbish") on a daily and weekly basis during the Operating Season.
In the event Avon does not remove Rubbish from the Vail Property, Vail may suspend Park
Operations, remove any Rubbish on its own accord and charge Avon for such removal, with the
requirement that such charges be paid prior to the re -instatement of Park Operations, or Vail may
terminate or suspend Avon's rights under the Easement.
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b. Avon shall undertake to remove or repair the bridge leading to the unoccupied
building located on Parcel PE -02 (the "Unoccupied Building"). Also, Avon shall remove the
Unoccupied Building or take measures to discourage the Avon Agents and the Avon Permittees
from entering the Unoccupied Building.
c. Regularly and upon request from Vail, Avon shall "blade" the access road
accessing the boat ramp and the Vail Improvements during the Operating Season.
d. Avon shall maintain the Avon Improvements to the satisfaction of Vail. Vail may
request repairs, or reasonable upgrades (after identification of any usage or access problems) to
the Avon Improvements, and Avon shall complete such repairs as quickly as reasonably possible.
If such repairs are not completed in a timely manner, the determination of which shall be left to
the sole discretion of Vail, Vail may suspend Park Operations until they are completed.
e. Avon shall promptly repair or replace any property damaged by vandalism, graffiti
or other such acts, including damage to any improvements on the Vail Property whether
owned/constructed by Avon or Vail, and Vail shall not have to show evidence that such damage
is related to Park Operations or the permitted uses under the Easement, except where such
damage is related to the gross negligence of Vail.
f. Any disturbance or damage caused by Avon's activities under the Easement or
this Operating Agreement on the Vail' Property shall be restored to Vail's satisfaction, the
determination of which shall be commercially reasonable.
g. Avon shall provide for the placement and servicing of portable or self -composting
toilets on the Vail Property, the location of which shall be as directed by Vail in advance of such
placement.
h. If Vail so directs, Avon shall provide a suitably sized structure for use as a
changing area on the Vail Property.
3. SECURITY/POLICING:
a. Avon shall provide day and night security for the Vail Property, either utilizing its
own police force or other security detail. Avon shall promptly respond when called by Vail or
members of the public regarding incidents, trespassing, or other matters requiring police response
to the Vail Property. In the event Avon is unable to respond or another law enforcement agency
must be contacted, Avon shall coordinate with such other agency, e.g., Eagle County Sheriff's
Office and obtain assistance and response as quickly as possible. Such security shall include a
minimum of one (1) on -site inspection per day during the Operating Season.
b. Unless specifically authorized by Vail, all persons not conducting official Vail
business and found on the Vail Property before or after daily operating hours, or before or after
Avon-VAI Waterpark Agmt I -09-08FINAL.doc
Page 8 of 13
the Operating Season, shall be considered trespassing on the Vail Property and may be issued a
summons for such trespass.
c. Avon covenants and warrants that it is the obligation of Avon, and not Beaver
Creek Public Safety, for the following on the Vail Property:
(1) to monitor the Avon Agents' and the Avon Permittees' compliance and
non-compliance with the Operating Rules on the Vail Property and take appropriate action for
non-compliance; and
(2) to investigate any matter on the Vail Property when noticed by Avon or
contacted by a third party; and
(3) to take whatever action necessary to enforce these Operating Rules (and
bear the resulting consequences of such enforcement, if any), including but not limited to, (i)
removing non -complying and trespassing offenders from the Vail Property and (ii) enforcement
of parking Operating Rules by towing vehicles for illegally parking on the Vail Property,
provided, however, that vehicles bearing the Beaver Creek or Vail logo will be allowed to park
on the Vail Property at any time and from time to time.
4. VEHICLES AND PARKING:
a. Temporary parking only is allowed for boat put-in/take-out, special event set-
up/tear-down operations, and emergency vehicles.
b. No overnight parking.
c. Avon, the Avon Agents and the Avon Permittees may not use any parking lot
owned by Vail, including but limited to that certain parking lot located on the south side of U.S.
Highway 6 commonly known as the "East Day Lot" (collectively, the "Vail Parking Lots")
subject to the following: (1) Parking for Special Events shall be addressed in a Special Event
Agreement set forth in Section 8 below. (2) Gates to the Vail Parking Lots (the "Parking Lot
Gates") will be closed during much of the Operating Season and no parking by Avon, the Avon
Agents and the Avon Permittees is allowed when the Parking Lot Gates are closed. (3) During
certain unspecified days of the Operating Season, the Parking Lot Gates will be open in which
event Avon, the Avon Agents and the Avon Permittees may park in the Vail Parking Lots during
Operating Hours but only if permitted by Beaver Creek Public Safety, provided, however, no
overnight parking under any circumstances is permitted in any of the Vail Parking Lots. Nothing
in this Operating Agreement gives Avon, the Avon Agents, or the Avon Permittees the right to
park in any of the Vail Parking Lots except as permitted by Beaver Creek Public Safety in the
sole and absolute discretion of Beaver Creek Public Safety. If the driver of any vehicle on a Vail
Parking Lot is not in compliance with the terms and provisions hereof, Beaver Creek Public
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
Page 9 of 13
Safety has the right and authority to remove vehicles, drivers and passengers from the Vail
Parking Lots or to direct Avon to so remove and Avon will comply therewith.
Notwithstanding the forgoing, Vail shall not be liable to Avon, the Avon Agents, the Avon
Permittees or to any other person whomsoever or entity whatsoever for or on account of any
injury or damage to persons or property occasioned by reason of such use of the Vail Parking
Lots, whether such injury or damage occurs on any of the Vail Parking Lots or on any public road
right of way between the Vail Property and the Vail Parking Lots. The provisions of this
subsection c of the Operating Rules shall be incorporated into the provisions of Section 6 of the
Easement for all purposes with respect to Avon's, the Avon Agents' and the Avon Permittees'
use of any of the Vail Parking Lots or such public road rights of way.
5. PETS:
a. All pets on the Vail Property must be kept on a leash at all times.
b. Unruly or vicious pets must be removed from the Vail Property and Vail may call
Eagle County Animal Control to do so at its discretion.
6. SIGNAGE:
Avon shall place signage at the entrance to the Vail Property, and at various key and/or
conspicuous places on the Vail Property indicating the Water Park is operated by Avon and
outlining the risks associated with its use. Signage language shall be approved by Vail and
include statements that the landowner (Vail) is not responsible for any activities under the
Easement on the Vail Property. Avon shall also place signage indicating the wetlands specified
in Section 7.b below and provide that no walking or entering on the wetlands is permitted.
7. FENCE:
a. Avon shall construct a fence of materials and height to be agreed upon by the
parties (to remain in place at all times unless otherwise directed by Vail) to provide security for
the Vail Improvements and as a physical separation between the Vail Improvements and Parcel
PE -01. The fence structure shall include two twelve (12) feet openings, each comprised of two
six (6) feet wide gates, to accommodate large vehicles used by Vail in the operation,
maintenance, repair, replacement and use of the Vail Improvements. The location of the fence
and the 2 gates are generally depicted on Schedule 1 to these Operating Rules.
b. Avon shall provide a separation structure, for example, a split rail or similar fence,
between the boat ramp and the wetlands east of the boat ramp, as such areas are illustrated on
Exhibit B-2 of the Easement, to provide wetlands protection.
8. SPECIAL EVENTS:
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
Page 10 of 13
a. In Vail's sole and absolute discretion, Avon may schedule special
water/boating/kayaking events using the Vail Property, the description and dates of which events
shall be provided to Vail by Avon prior to April 1 of each year
b. Avon shall provide a listing of all proposed special events at the Vail Property
during the Operating Season, and submit such list to Gary Shimanowitz and Greg Johnson in
accordance with Section 10.c of these Operating Rules on or before April 1 of each year. For the
2007 Operating Season, such list shall be provided no later than May 1, 2007.
c. Individual "Event Agreements" shall be required for all special events to be held
on the Vail Property. These Event Agreements shall be between Vail and, at the election of Vail
in Vail's sole and absolute discretion, either the proposed promoter (the "Promoter") or Avon
and will set forth the terms and conditions specific to such event, including required insurance,
indemnification, set up, tear down, parking, security, and other matter pertinent to such event.
d. Avon or the event promoter, as appropriate, shall name Vail on the liability
releases specific to each event. Avon shall monitor, supervise and insure that all special event
participants, volunteers, employees and anyone associated with the event properly execute such
liability release in favor of Vail and others, as appropriate. Copies of all special event liability
releases shall be provided to Vail Risk Manager Steve Clark.
9. THIRD PARTY COMMERCIAL RIVER GUIDE CONTRACTORS (E.G.
TIMBERLINE TOURS, NOVA GUIDES, LAKOTA GUIDES):
If Avon receives any inquiry from third party commercial river guide contractors, such
inquiry shall be referred to Vail. Avon hereby acknowledges and agrees that each commercial
river operation seeking to use the Vail Property for put-in/take-out shall execute an annual
agreement with Vail, not Avon, for authorization to do so.
10. GENERAL:
a. Avon, the Avon Agents and the Avon Permittees shall conduct themselves
in a professional manner and be neat and clean in appearance at all times when conducting Park
Operations. Further, Avon shall provide reasonable and sufficient supervision to the Avon
Agents at all times when conducting Park Operations.
b. Avon, the Avon Agents and the Avon Permittees shall comply with all
applicable laws, orders and regulations (whether federal, state, county or local) having
jurisdiction over the Park Operations and the Vail Property.
c. Any requests regarding Avon's use of the Vail Property, e.g., additional
events, event date changes, or similar requests, shall be presented only via email to Gary
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
Page 11 of 13
Shimanowitz (gshimanowitz@Vailresorts.com) AND Greg Johnson
(giohnson@Vailresorts.com), or their respective successors or designees, who shall make the
sole and final determination on any such requests.
[End of Operating Rules.]
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
Page 12 of 13
SCHEDULE 1
TO EXHIBIT A TO OPERATING AGREEMENT
(ATTACHED)
Avon-VAI Waterpark Agmt 1-09-08FINAL.doc
Page 13 of 13
gxi-t I g t1- ,
RIVER IMPROVMENTS EASEMENT AGREEMENT (TRACT 0)
This ma IMPRO) EMES EASEMENT AGREEMENT (this "Agreement") is
made as of the / day of U Ls NI , 2006, by and between The Vail Corporation, a Colorado
corporation ("Vail"), and THE TOWN OF AVON, a municipal subdivision of the State of
Colorado ("Avon").
RECITALS
A. Vail is the owner of certain real estate legally described as Tract O, Beaver Creek
Subdivision, according to the exemption plat recorded on December 6, 1994 at
Reception No. 552695 in Book 656 at Page 662 (the "Vail Property");
B. Avon desires to construct certain river bank, in -river, and river access
improvements to create a water park for kayaking, rafting and other similar water
sports (the "Water Park") and seeks an easement for the same, together with
access thereto and therefrom, as more particularly described in Section 1 below;
C. Certain Vail improvements, including but not limited to, a pumphouse, a surface
water intake structure, in -river water intake pipes, electric transformers and
specifically placed boulders within Eagle River anchoring such water intake
pipes, already exist in the down -river vicinity of the proposed, Water Park and/or
may be installed in the future on or about the down -river vicinity of the Water
Park (the "Vail Improvements"); and
D. The parties have agreed to the Easement on the Vail Property subject to and based
upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vail and
Avon hereby acknowledge and agree as follows:
1. River Improvements Easement. (a) Subject to the provisions of Section 8 hereof,
Vail hereby grants to Avon an "intermittent" (as more fully described in Section 1 (b) below),
irrevocable, nonexclusive easement upon, over and across certain portions of the Vail Property
as more particularly described on the attached Exhibit A (identified thereon as "PARCEL PE -
01" and "PARCEL PE -02") for the following purposes: the existence, construction,
reconstruction, repair, replacement, maintenance, operation and use of improvements associated
with access to the Eagle River and the Water Park, including certain river bank, in -river and river
access improvements but only those improvements to be or as constructed by Avon as shown or
referenced on Exhibit B attached hereto (the "Avon Improvements"); additionally, the easement
area identified as "PARCEL PE -02" on Exhibit A may be used for the following purposes:
floating of boats, kayaks and similar water equipment and for pedestrian access on the banks of
Gem/ Arnold
P.O. Box 959 - 1/C 87
Avon, CO $1620
J:\Arnold Gerry\GERRYAIAVON\AvonWaterPark\TractOAvon Water Park Easement4.DOC
the Eagle River (the "Easement."). Following construction of the Avon Improvements and
subject to the terms and provisions of this Agreement, Avon shall restore those portions of the
Vail Property not containing the Avon Improvements to its pre-existing condition as reasonably
approved by Vail.
(b) The Easement shall be an "intermittent easement," commencing on the day following the
close of any published ski season on Beaver Creek Mountain and terminating on the earlier of
the day on which Vail begins operation of the water intake and/or pumphouse devices, in VA's
sole and absolute discretion, or October 1 in each and every year (the "Intermittent Term"). Use
of the Easement by Avon and the Avon Permittees (as defined in Section 6 hereof) shall be
limited to the Intermittent Term, provided, however, during Avon's initial construction of the
Avon Improvements which are not "in -river" improvements may occur after October 1
(contemplated to be fall of 2006). No in -river construction, reconstruction, maintenance,
replacement or repair of the Avon Improvements may take place after October 1 of any year.
(c) The Easement shall be an easement in gross for the benefit of Avon and the Avon
Pernittees, and shall not be transferable or assignable (with any purported transfer or assignment
to render the Easement null and void and of no further force or effect at Vail's election).
(d) The Easement (identified as "PARCEL PE -01" and "PARCEL PE -02") and the
Easement's location relative to and within the Water Park is generally depicted on Exhibit C.
2. Access and Use. Access on and use of the Easement shall be
limited as follows: with respect to access on and across those portions of the Easement described
on said Exhibit A as "PARCEL PE -01", pedestrian and vehicular traffic shall be permitted (i) by
Avon for the purposes stated in Section 1 (a) above and (ii) by the general public for pedestrian
and vehicular access to the Eagle River, provided, however, that vehicular access by the general
public shall be limited to vehicles used for boat drop-off and pick-up only and shall not, under
any circumstances whatsoever, include any parking rights by the general public and further
provided that use of the Easement by the general public shall become effective upon the due and
valid execution and delivery of this instrument by both Vail and Avon, this instrument's
recordation in the real property records of Eagle County, Colorado, and the completion of the
construction of the Avon Improvements. Except for vehicular and pedestrian access as set forth
in this Section 2, no camping, picnicking or other use of the Easement is permitted by the
general public. Notwithstanding any Easement right granted to Avon hereunder or use of the
Easement by the general public, Vail's vehicular and pedestrian access to the Vail Improvements
shall be unhindered, open and available to Vail at all times.
3. Permits; Limitation of Liability; No Representations. (a) Avon shall be responsible for
obtaining any and all permits or other local, state or federal governmental approvals necessary to
construct, own and operate the Avon Improvements. Vail shall not be liable for any infraction of or
non-compliance with the terms of such permits. Moreover, Vail disclaims any responsibility for
any impact on wetlands either in or adjacent to the Easement arising from Avon's construction
activities and use of the Easement. In the event that Colorado Department of Transportation
2
("CDOT") requires or demands closure of access from Highway 6 to the Vail Property, it being
acknowledged and agreed by the parties that there is a common access from Highway 6 to the Vail
Improvements and the Avon Improvements, the Easement rights hereunder, included access rights
to the Eagle River by the general public, shall immediately be suspended until Avon procures
CDOT's reinstatement of access from Highway 6 to the Vail Property. Moreover, Avon shall use
its commercially reasonable best efforts to persuade CDOT that Vail's access to the Vail Property
should not be interrupted or halted.
(b) Avon and the Avon Permittees shall enter upon and use the Easement at their sole
respective risks. Vail shall incur no loss, cost, liability or damage in connection with Avon's or
the Avon Permittees' use of the Easement, the Avon Improvements, the Water Park or the Vail
Property under this Agreement. Avon shall be solely responsible for (i) the health and safety of
all of the Avon Permittees who enter upon and use the Easement and (ii) any damage to the Vail
Property and the Vail Improvements by Avon or the Avon Permittees utilizing the Easement.
(c) Vail makes no representations or warranties of any kind whatsoever regarding the
Easement or the quality, quantity, suitability or fitness of the Easement for any intended use.
4. Operating Agreement. The use of the Easement shall at all times be subject to an
operating agreement by and between Vail and Avon, the form and content to be agreed upon by
the parties and to be entered into upon completion of construction of the Avon Improvements
(the "Operating Agreement"). Any default or non-compliance with the respect to Avon's
obligations under the Operating Agreement shall constitute a default by Avon under this
Agreement.
5. Superior Rights of Vail; No Interference. Notwithstanding any Easement right
granted to Avon hereunder, Avon hereby acknowledges, agrees and covenants that the existence
and use by Vail of the Vail Improvements, and the functions and activities associated therewith,
including but not limited to Vail's implementation of Vail's water rights by water diversion
activities which support Vail's mountain and golf operations (the "Vail Rights"), shall at all
times be superior to the Easement and Avon's Easement rights hereunder, and, under no
circumstances whatsoever, shall Avon's exercise of such Easement rights harm, disrupt or injure
the Vail Rights. Moreover, Avon hereby acknowledges, agrees and covenants that while the
Easement is "up -river" from Vail's Improvements, the Easement shall, at all times, be subject to
the terms and conditions set forth herein such that the permitted uses by Avon or any third party
beneficiary to the Easement are (i) secondary to the Vail Rights and (ii) are not inconsistent with
and do not interfere with the Vail Rights as determined by Vail in Vail's sole and absolute
discretion, the Vail Rights being imperative for preserving and protecting the viability and
continuity of Vail's mountain and golf course operations. Except as provided herein, in no event
shall there be any disruption or change to the contours of the bed or banks of the Eagle River by
Avon or any third party beneficiary to the Easement, which would cause the river water to flow
in such a way that would negatively impact Vail's ability to utilize the Vail Improvements for the
purposes for which the Vail Improvements are intended.
3
6. Indemnification. To the extent permitted by law, Avon agrees to indemnify,
defend and hold harmless Vail, its designees, agents, employees, officers, directors, shareholders,
successors and assigns, the Easement and the Vail Property (including, without limitation, claims
made directly by Avon) from and against any and all claims, causes of action, costs, damages,
expenses and liabilities (including, without limitation, reasonable legal fees) arising from or
related to use of the Easement, and/or the Vail Property by (i) Avon, its designees, agents,
employees, officers, directors, shareholders, successors and assigns, (ii) the general public or (iii)
by any person acting through or on behalf of Avon (collectively, the "Avon Permittees"), arising
from or related to any negligent acts or omissions, intentional misconduct and any mechanic's or
materialmen's liens caused or permitted by Avon or the Avon Permittees in connection with the
Easement and/or the Vail Property or otherwise arising under this Agreement, except those
caused by the willful misconduct or negligence of Vail or its designees, agents, employees,
officers, directors, shareholders, successors or assigns.
7. Additional Terms and Conditions.
a. Avon agrees that construction of the Avon Improvements shall be in
accordance and consistent with those certain plans those certain plans "Eagle River @ Avon
Recreation Enhancements Avon, Eagle County, Colorado, May 2006" and that certain "Town of
Avon Project Manual July 6, 2006 Eagle River at Avon Recreation Enhancements Bob the
Bridge Whitewater Park" prepared by River Restoration submitted to Vail by Avon, portions of
which are attached as Exhibit B. No other improvements are permitted on the Easement except
as shown or referenced on Exhibit B or in the Operating Agreement.
b. Vail reserves the right to use the Easement Area for purposes which will
not interfere with Avon's full enjoyment of the rights hereby granted; and the parties further
agree that the uses of the Easement by Vail shall be as follows:
(1) Vail shall not erect or construct any building or other structure, or
drill or operate any well, or construct any permanent obstruction,
or subtract from or add substantially to the ground level in the
Easement without obtaining the specific prior written approval of
Avon, which approval shall not be unreasonably withheld;
(2) Vail shall take no action which would impair or in any way
substantially modify the surface of, or the lateral or subjacent
support for, the Avon Improvements and appurtenances within the
Easement without obtaining the specific prior written approval
permission of Avon, which approval shall not be unreasonably
withheld.
(3)
Notwithstanding the foregoing, Vail reserves the right to place
utilities within the Easement and to construct drainage
improvements and water diversion improvements not inconsistent
with the use of the Easement, and Vail agrees at its own expense to
4
restore the portion of the Easement Area to its prior condition in
the event of the disturbance of such portion of the Easement.
(4) Vail further reserves the right to relocate the Easement to a new
location reasonably acceptable to the Avon in association with the
improvement of the Vail Property. Any such relocation shall be at
the expense of Vail and shall include replacement of the Avon
Improvements with improvements of the same condition and
quality. During such time, Vail shall use its best efforts to keep
any interruption of use of the Easement by the general public to a
minimum.
8. Default: Remedies. In the event of any default under this Agreement, any non -
defaulting party may give notice to the defaulting party of such default. The defaulting party
shall have three (3) days within which to cure such default, or, if such default cannot reasonably
be cured within three (3) days, such longer time as may reasonably be necessary to cure such
default, provided that the defaulting party commences to cure such default within said three (3)
days and diligently prosecutes the same to completion. In the event of a default that is not timely
cured, the non -defaulting party shall be entitled to: (a) cure such default at the expense of the
defaulting party (and the defaulting party shall pay the expense thereof upon demand), and (b)
any other remedies which may be available at law or in equity. The parties acknowledge that
damages may be an inadequate remedy for a default hereunder and agree that the parties shall be
entitled to prohibitive or mandatory injunctive relief and the recovery of actual, consequential,
exemplary and other damages, as well as related costs and attorneys' fees, specific performance
and other equitable remedies to enforce the terms of this Agreement. The notice and cure
provisions of this paragraph shall not apply when, in Vail's reasonable opinion, an ongoing or
imminent default could irreversibly diminish or impair Vail's golf or mountain operations. In
such event, Vail may, upon verbal notice to Avon, take immediate appropriate legal action and
seek to enjoin the violation, temporarily or permanently and also may immediately suspend
Avon's Easement rights hereunder, including access and use of the Easement by the general
public. Upon Avon's cure of such default to Vail's reasonable satisfaction, in Vail sole and
absolute discretion, Avon's Easements rights shall be immediately restored and full use of the
Easement may be implemented by Avon and the general public. The substantially prevailing
party in any action to enforce this Agreement shall be entitled to its reasonable attorneys' fees
and court costs.
9. Notices. All notices and other communications required or permitted under this
Agreement shall be in writing and shall be personally delivered or sent by certified mail, return
receipt requested, postage prepaid. Any such notice or other communication shall be effective when
such notice is delivered to the addresses set forth below:
If to Vail:
Beaver Creek Mountain Operations
Attn: Jim Roberts, Vice President
P.O. Box 7, Internal Box B 1
5
Vail, Colorado 81658
Telephone: (970) 845-5135
Facsimile: (970) 845-5131
With a copy to:
Vail Resorts Legal Department
Attn: Eric J. Stein, Assistant,General Counsel
P.O. Box 7, Internal Box 88
Vail, Colorado 81658
Telephone: (970) 845-2650
Facsimile: (970) 845-2667
If to Avon:
The Town of Avon
Attn: Norman Wood, Town Engineer
P.O. Box 975
Avon, Colorado 81620
Telephone: (970)-748-4045
Facsimile: (970)-949-5749
With a copy to:
John W. Dunn & Associates, LLC
Attn: John W. Dunn
P. O. Box 7717
Avon, Colorado 81620
Telephone: (970) 748-6400
Facsimile: (970) 748-8881
10. Insurance. Avon agrees to cause Vail to be an additional insured on its
commercial general liability insurance for bodily injuries or death of persons or property damage
occurring in or about the Easement granted to it pursuant to this Agreement. All such insurance
shall (a) generally cover the liability and indemnity obligations assumed by Avon under this
Agreement; (b) be primary and noncontributing with any insurance which may be carried by the
other party; and (c) provide that said insurance shall not be cancelled or coverage changed unless
thirty (30) days' prior written notice shall have been given to Vail. Avon shall furnish Vail with
a certificate or certificates evidencing that the required insurance policies are in full force upon
written request.
11. Statutory Basis. The parties agree that this Agreement is entered into in
accordance with the provisions of Colorado Revised Statutes 33-41-101, et seq.
12. Miscellaneous.
6
a. Modification. No provision or term of this Agreement may be amended,
modified, revoked, supplemented, waived, or otherwise changed except by a written instrument
duly executed by the parties hereto.
b. entire Agreement. This Agreement constitutes and incorporates the entire
agreement among the parties hereto concerning the subject matter of this Agreement and supersedes
any prior agreements concerning the subject matter hereof.
c. Separability. If any provision of this Agreement shall be held invalid,
illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the
remaining provisions of this Agreement shall not be impaired thereby; nor shall the validity,
legality, or enforceability of any such defective provisions be in any way affected or impaired in any
other jurisdiction.
d. Assignment. This Agreement is not assignable by Avon without the prior
written approval of Vail.
e. Third -Party Beneficiaries. Except as provided herein, the agreements
contained herein are solely for the benefit of the parties hereto and no other person or entity shall
be a third party beneficiary thereof.
f. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
g. Authorization. Each party is authorized and empowered to execute this
Agreement and all necessary corporate action has been taken to authorize execution of this
Agreement.
h. Execution. The parties shall execute and deliver such further documents as
may be reasonably required in order to effectuate the intent of this Agreement.
i. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to constitute an original; provided, however, that this Agreement will not
become binding upon any party unless and until executed (whether or not in counterpart) by all the
parties.
j. Recording. This Agreement shall be recorded with the Clerk and Recorder
for the County of Eagle, State of Colorado.
k. Run with the Land; Successors and Assigns. The terms and provisions of
this Agreement shall run with the Vail Property and title to the Vail Property and be binding upon
and inure to the benefit of the successors and assigns of Vail. Subject to the provisions of Sections
1 (c) and 12 (d) hereof, the terms and provisions of this Agreement shall be binding upon and inure
to the benefit of the successors and assigns of Avon.
7
1. Rule Against Perpetuities. If any of the terms, covenants, conditions,
easements, restrictions, uses, limitations or obligations created by this Agreement shall be
unlawful or void for violation of: (i) the rule against perpetuities or some analogous statutory
revision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common
law rules imposing like or similar time limits, such provision shall continue only for the period
of the life of Rob Katz, his now living descendants, and the survivor of them, plus twenty-one
(21) years.
m. Exhibits. All exhibits attached to this Agreement are incorporated herein
by this reference and made a part hereof.
n. Provisions Incorporated in Deeds. Each provision contained in this
Agreement shall be deemed incorporated in each deed or other instrument by which any right,
title or interest in any of the Vail Property is granted, devised or conveyed, whether or not set
forth or referred to in such deed or other instrument.
DATED the day and year first above written.
[Signatures on following pages.]
8
THE VAIL CORPORATION, a Colorado
corporation
A .. tid is to Fans:
Lod Depntwnt
Nam ARNO
D5
.06
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The forego' g instrument was acknow dged be r@ me this %' day of u 5 t
ti r a asSr`c res ►h (of THE VAIL CORPORA
2006, by�a y �. s�� 5 ��
Colorado corporation.
Witness my hand and official seal.
My commission expires: ld/63/-1D6 V
(SEAL)
9
TOWN OF AVON, a municipal subdivision of the
State of Colorado
By �D `� �-O. C
Name: Ronald le Wolfe
Title: Mayor
ATTEST:
By:
cKenny, �'ownjClerk
STATE OF COLORADO
COUNTY OF EAGLE
The foregoing instrument was acknowledged before me this gam' day of
0-L--( '& * 2006, as by Ronald B. Wolfe as Mayor and Patty McKenny as Town Clerk of
the o of Avon.
Witness my hand and official seal.
My commission expires:
*Commission Expires %IIeaeee `{ I d7 ! .ot O
10
EXHIBIT A
(EASEMENTS PE -01 and PE -02)
(SEE ATTACHED)
11
Inter -Mountain
Engineering lid.
RECEIVED
JUL 2 4 2006
Community Development
REAL PROPERTY
TO BE ACQUIRED FOR PERMANENT EASEMENT FOR THE
TOWN OF AVON, EAGLE RIVER RECREATION PROJECT
PARCEL PE -01
DESCRIPTION
A parcel of land PARCEL PE -01, containing 0.202 acres, more or less, situated in Tract O,
Beaver Creek Subdivision, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Book 656, Page 662, Reception No. 552695 on December 6, 1994 and being more
particularly described as follows:
Commencing at the Southeast Corner of said Tract O, common to the intersection of the north
right-of-way of U.S. Highway 6 and the westerly right-of-way of Avon Road and being on a non -
tangent curve to the right having a radius of 3879.00 feet;
Thence 7.13 feet along the southerly line of said Tract O and on said right-of-way of U.S.
Highway 6, through a central angle of 0°06' 19", having a chord bearing and distance of
N 79°19'32" W, 7.13 feet to a point;
Thence N 76°30' 10" W a distance of 17.30 feet along said right-of-way to a point;
Thence N 70°09' 10" W a distance of 76.38 feet along said right-of-way line to the True Point of
Beginning;
Thence continuing N 70°09'10" W along said right-of-way a distance of 51.33 feet to a point;
Thence N 81°58' 17" E a distance of 91.93 feet to a point;
Thence N 30°27'31" E a distance of 31.75 feet to a point;
Thence N 22°45'44" W a distance of 25.20 feet to a point;
Thence N 59°06'49" W a distance of 26.92 feet to a point;
Thence S 70°00'54" W a distance of 9.77 feet to a point;
Thence N 20°29'10" W a distance of 19.16 feet to a point;
Thence N 16°38'53" W a distance of 9.32 feet to a point;
Thence N 17°20'54" W a distance of 26.48 feet to a point;
8392 Continental Divide Road, Suite fl 107 • Littleton, Colorado 80127 • Phone: 303 948 6220 • Fax: 303 948 6526
40801 U.S. Hwy. 6, Suite 203 • O. Box 978 • Avon, Colorado 81620 • Phone: 970 949 5072 • Tot Free: 800 856 2258
Thence N 72°36'06" E a distance of 19.69 feet to a point;
Thence N 83°04'56" E a distance of 21.66 feet to a point;
Thence S 71°54'03" E a distance of 7.12 feet to a point;
Thence N 15°37'00" E a distance of 24.91 feet to a point;
Thence N 88°13' 13" E a distance of 42.57 feet to a point;
Thence S 20°36'45" W a distance of 80.94 feet to a point;
Thence S 22°45'44" E a distance of 47.20 feet to a point;
Thence S 30°27'31" W a distance of 55.35 feet to a point;
Thence S 81°58'17" W a distance of 58.13 feet to the northerly right-of-way line of said U.S.
Highway 6 and the True Point of Beginning.
The above described parcel contains 8,788 square feet (0.202 acres), more or less;
I hereby state that the above described legal descrip_ ' r _,,* epared by me or under my
direct supervision.
7 - 2-'t ~46.
Date
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Dunn `�� `'.E. & P.L.S. 26626
J:\projects\5 I 6Slsurvey\PARCEL PE -0 l .doc
POINT OF
COMMENCING
...:Pi -43
liter -Mountain
FngineerIingud•
REAL PROPERTY
TO BE ACQUIRED FOR PERMANENT EASEMENT FOR THE
TOWN OF AVON, EAGLE RIVER RECREATION PROJECT
RECEIVED
JUL 2 4 2006
ocenmeNty Development
PARCEL PE -02
DESCRIPTION
A parcel of land Parcel PE -02, containing 0.110 acres, more or less, situated in Tract O, Beaver
Creek Subdivision, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Book 656, Page 662. Reception No. 552695 on December 6, 1994 and being more
particularly described as follows:
The True Point of Beginning being at the Northeast Corner of said Tract O, common to the
intersection of the Southeast corner of the Riverfront Subdivision and the westerly right-of-way
of Avon Road;
Thence S 12°05'08" W a distance of 37.48 feet along said Avon Road to a point;
Thence continuing along said Avon Road, S 03°19'17" W a distance of 58.98 feet to a point;
Thence N 80°56'35" W a distance of 45.92 feet to a point;
Thence N 20°36'45" E a distance of 54.31 feet to a point;
Thence S 88°13' 13" W a distance of 42.57 feet to a point;
Thence N 03°30'16" W a distance of 33.98 feet to a point on the north line of said Tract O;
Thence N 86°36'05" E a distance of 82.27 feet along said line to the Northeast corner of said
Tract O and the True Point of Beginning.
The above described parcel contains 4,803 square feet (0.110 acres), more or less;
[ hereby state that the above described legal description "'^� �� d by me or under my
direct supervision.
`7-"2 1O(o
Date
gm ng
P.O.B o 81+ 0
Duane D. '� :.� .._ & P.L.S. 26626
J:lprojects150156S1survey\PARCEL PE-02.doc
8392 Continental [wide Road. Suite H 107 • Littleton, Colorado 80127 • Phone: 303 948 6220 • Fax: 303 948 6526
40801 U.S. Hwy. 6, Suite 203 • P.O. Box 978 • Avon, Colorado 81620 • Phone: 970 949 5072 • Toll Free: 800 856 2258
TRACT 0
BEAVER CREEK SUBDIVISION
N 0.3'30'16" W
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NOTE:
THIS DOCUMENT DOES NOT REPRESENT A MONUMENTED SURVEY.
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION.
7io9BOOS
PAGE- X89
TOWN OF AVON
PERMANENT FLOATING, WALKING, CONSTRUCTION, MAINTENANCE AND ACCESS EASEMENT
PARCEL PE -02
TRACT O, BEAVER CREEK SUBDIVISION
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�•' 5
EXHIBIT B
(IMPROVEMENTS)
(SEE ATTACHED)
12
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Recreation Enhancements
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(PROJECT DEPICTION)
(SEE ATTACHED)
13
Eagle River @ Avon
Recreation Enhancements
RV UN Easements,Access and Contras
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0-f
-'•;cH--101--r C..
TOWN OF AVON, COLORADO
WORK SESSION FOR TUESDAY, JANUARY 22, 2008
MEETING BEGINS AT 11:45 AM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
AvoN
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN ATTORNEY: JOHN DUNN
TOWN STAFF
TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
11:45 PM -1:40 PM 1. TOUR OF LIONSHEAD REDEVELOPMENT PROJECT - THE ARRABELLE AT VAIL
SQUARE (AVON TOWN COUNCIL AND PLANNING & ZONING COMMISSION INVITED
TO TOUR; Bus DEPARTS AT NOON; LUNCH WILL BE SERVED FROM 11:45 AM UNTIL
NOON)
1:40 PM - 1:45 PM
1:45 PM -2:15 PM
2:15 PM - 3:00 PM
3:00 PM - 3:15 PM
3:15 PM -4:45 PM
4:45 PM
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3. SITE TOUR FOLLOW UP DISCUSSION (Town Council, Planning & Zoning
members and staff)
4. Town Center West Snowmelt Feasibility Report (Planning & Zoning
Commission has been invited to attend, Justin Hildreth, Town Engineer) Discussion
on different snow removal scenarios and associated costs and impacts on Town
Center West redevelopment plan.
5. COUNCIL COMMITTEE AND STAFF UPDATES
a. Update on Housing Action Team Meeting and Stratton Flats (Ron Wolfe,
Mayor)
b. Update on Eagle County Open Space Advisory Committee Meeting (Ron
Wolfe, Mayor)
c. Update on Issuance of RFP for design services on Public Works Sites
(Jenny Strehler, Public Works Director) / verbal report
6. EXECUTIVE SESSION pursuant to CRS 24-6-402 (4)(b) conference with Town
Attorney for the purposed of receiving legal advice on specific legal questions
regarding pending issues related to the Village at Avon and municipal
services invoice and relocation of E. Benchmark Road right-of-way
7. ADJOURNMENT
Avon Council Meeting.08.01.22
Page 1 of 4
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager i f i 4 4
From: Justin Hildreth, P.E., Town Engineer �J
Jeffrey Schneider, P.E., Project Engine
Date: January 16, 2008
Re: Town Center West Snowmelt Feasibility Report
Summary:
This memorandum is to provide Town Council with an introduction to the Town Center West
Snowmelt Feasibility Report, prepared by Beaudin-Ganze Consulting Engineers and Design
Workshop, with input from Town Engineering, Community Development, and Public Works staff.
The report, attached as Exhibit A, analyzes and quantifies the financial and environmental impacts of
various snowmelt system configurations and scenarios. Results of the Snowmelt Feasibility Report
indicate that snowmelt systems have far higher costs (both capital and operational) and
environmental impact (in the form of carbon dioxide [CO2] emissions) than traditional snow removal
techniques. However, snowmelt systems provide an ice and snow -free walking surface for visitors, a
key consideration in the pedestrian -oriented Town Center West District containing vibrant
streetscapes with retail and restaurants below residential uses. Staff recommends implementation of
snowmelt systems in a revised scenario, consisting of twelve feet on either side of the Main Street
vehicular area and selected crossing locations. Design Workshop and Beaudin-Ganze will present a
PowerPoint presentation discussing the key points and conclusions of the Snowmelt Feasibility
Report.
Previous Town Council Action:
Snowmelt has been previously contemplated by Town Council and Planning and Zoning during
design and construction of Avon Station. The project was approved by Planning and Zoning with the
entirety of the hardscape surfaces containing snowmelt, fed from a boiler that was to be located in a
vault beneath the transit shelter. After the construction bid was received in excess of the project
budget, staff proposed a revision to the snowmelt configuration and allowed snowmelt infrastructure
to be installed only beneath primary pedestrian areas and bus turning locations. Staff presented the
revised configuration to Planning and Zoning, and the Commission's approval provided that a
temporary boiler system would also be implemented. When a change order for a temporary boiler
system was presented to council, along with the economic and environmental implications, council
rejected the change order and Avon Station was constructed without a mechanical system, though
Avon Station contains snowmelt tubing, mains, stub -outs for future connection to a master boiler
system.
Discussion:
The Town Center West Snowmelt Feasibility Report presented herein arose out of the snowmelt
discussions during Avon Station design and construction. Staff felt that rather than approach each
public infrastructure project in the Town Center West district independently, master planning the
district -wide snowmelt configuration would be a helpful design and estimating tool as well as enable
staff to proceed with mechanical system design for each project without additional snowmelt design
debate or review.
Snowmelt is being considered for the Town Center West District primarily due to safety concerns
resulting from high pedestrian traffic, the difficulty of snow removal and storage, the "experience" it
can provide (e.g. Vail and Beaver Creek), and the noise and disruption caused by traditional snow
removal. The report explores three heating source options: natural gas fired boiler plant (Option A),
centralized heat pump system using lake water heat exchange (Option B), and a centralized heat
pump system using ground loop heat exchange (Option C). Options B and C are not recommended
due to very high electricity usage required to run the pump systems, as well as higher capital costs.
In addition, Option B would have possible water rights and aquatic ecological implications, and
Option C would require severe disruption to Nottingham Park, the only feasible location for
installation of the ground loop heat exchange infrastructure. One potential advantage to Options B
and C are the possibility of renewable electric energy in the future, whereas natural gas fired boilers
are not a renewable energy source.
Four snowmelt scenarios were studied along with the three heat source options. Scenario 1 includes
all hardscape surfaces in the Town Center West district, Scenario 2 includes all of Main Street and
primary pedestrian zones on the Main Street periphery, and Scenario 3 includes only Main Street
Pedestrian Zones as well as primary pedestrian areas near Lake Street and on Lettuce Shed Lane.
The report concludes that traditional snow removal carries far smaller environmental impacts than
snowmelting options. Using Option A (natural gas fired boiler system) as a baseline, the estimated
annual CO2 per year emissions for all scenarios is summarized below:
Snowmelted Snowmelt CO2 Traditional Total annual CO2
Area (sq. ft.) Contribution Snow emissions
(tons/year) Removal CO2 (tons/year)
Contribution
(tons/year)
Scenario 1 154,600 2,085 0 2,085
Scenario 2 141,200 1,904 22 1,926
Scenario 3 97,200 1,311 65 1376
Scenario 4 0 0 104 104
The heat pump option becomes more environmentally attractive if renewable energy sources are
utilized. However, as alternative fuel technologies improve and become more widespread, the gap
between snow removal and snow melting could remain the same or even widen.
In order to reach the best compromise between safety and level of guest service, capital and
operational costs, and environmental impact, Staff recommends a modified Scenario 3. The
modified Scenario 3 includes a twelve -foot wide snowmelted area on the northern and southern
extents of the Main Street right of way (adjacent to storefronts, etc.), with provisions for snowmelted
crossings and other selected areas. Also included in the modified Scenario 3 is the approximately
16,000 square feet of hardscape constructed at Avon Station already containing snowmelt
infrastructure, and the remaining approximately 9,000 square feet of Lettuce Shed Lane to be
constructed, for a total snowmelted area of 57,000 square feet. For the modified Scenario 3, it is
interpolated that CO2 emissions from snowmelting equal 769 tons of CO2 per year, and the CO2
emissions from snow removal equal 66 tons per year, for a total snow removal/snowmelt CO2 impact
of 835 tons of CO2 per year.
• Page 2
Financial Implications:
Due to the likely elimination of Ground Source Heat Pumps (Heat Plant Options B and C), below is a
summary of the Capital and first -year operating costs of Scenarios 1-4, as well as the recommended
modified Scenario 3.
Capital O&M Cost Capital Cost O&M Cost
Cost (Year 1) per per Square
Square Foot Foot
Scenario 1 $4,485,000 $650,000 $29.00 $4.20
Scenario 2 $4,125,000 $635,000 $26.70 $4.10
Scenario 3 $2,992,000 $589,000 $19.40 $3.80
Scenario 4 $242,000 $418,000 $1.60 $2.70
Mod. Scenario 3* $1,825,300 $513,500 $11.80 $3.30
(recommended)
* Note: Modified Scenario 3 assumes $100,000 in new snow removal capital equipment. Snowmelt
capital costs, snowmelt O&M costs, and snow removal O&M costs interpolated from report data.
The financial implications of snowmelt indicate that, in general, the larger the area selected to
snowmelt, the higher the capital and operational costs. All of the capital costs shown above can be
contained within the planned Avon Urban Renewal Authority (AURA) bond funding amount, based
on preliminary cost estimates contained herein. However, as construction costs continue to
escalate, large scale snowmelt system installations may be implemented at the cost of other items
such as streetscape materials, landscape features, etc., in order to fit within the AURA budget.
Recommendations:
Implement a revised Snowmelt Scenario 3, using a central natural gas fired boiler plant to be located
in the future parking structure, with the snowmelted areas revised to include twelve -foot wide paths
on the northern and southern extents of the Main Street Right of Way (adjacent to future storefronts),
terminating on the eastern side of Lake Street. Also included in the modified Scenario 3 are Avon
Station and Lettuce Shed Lane.
Town Manager Comments:
Attachments:
Exhibit A — Avon West Town Center District Snowmelt Feasibility Study
• Page 3
SNOWMELT FEASIBILITY STUDY
Avon West Town Center District
Avon, Colorado
January 22, 2007
By: Beaudin Ganze Consulting Engineers, Inc.
Prepared for the Town of Avon
I Introduction
The objective of this report is to study the feasibility of incorporating a snowmelt system
into the Avon West Town Center (AWTC) District to melt snow from pedestrian ways
and/or vehicle ways in lieu of traditional snow removal. A snowmelt system, relatively
common in snow country, is being considered for incorporation into the AWTC
streetscape for three basic reasons: 1) the potential for high pedestrian traffic, 2)
difficulty of snow removal and storage, and 3) concern for public safety.
Consideration for a snowmelt system begins with the need for snow removal without the
use of a snowplow or shovels. The system's heart is a heat source, traditionally a natural
gas -fired boiler that heats a mixture of water and antifreeze. The heating water from the
plant flows through a series of small diameter pipes embedded beneath the area to be
melted and warms the finished walking surface melting the snow. The cooled heating
water returns to the plant to be heated and pumped back into the underground piping
system. If the desired melt area is a sidewalk, for instance, a network of flexible pipes are
laid within the form and encased when the concrete is poured. A similar affect can be
accomplished with pipes in a bed of sand under pavers instead of concrete. Each type of
construction has benefits and disadvantages described in more detail below.
Numerous snowmelt plant options have been considered for use in this application
including centralized natural gas -fired boilers, heat pumps utilizing two different heat
exchange mediums, decentralized boiler plants, and electric resistance cables. After
consideration of the various heating plant alternatives, three viable options have been
selected for further review and are included in this report. Option A is a centralized
natural gas boiler plant, Option B is a centralized heat pump system with lake water heat
exchange, and Option C is a centralized heat pump system with ground loop heat
exchange. Each of the three system options identified has noteworthy economic,
environmental and user impacts. Our pertinent findings on these primary considerations
and other notable considerations follow in the body of the report. As an energy
conservation measure, a solar hot water assist system has been considered to supplement
the base heating plant.
The extent of the hardscape area to be melted ranges from all of the West District streets
and sidewalks (approx. 154,600 square feet) to no snowmelt. For the purposes of this
report, four basic area scenarios were considered: Scenario 1 would include Main Street
(pedestrian and vehicular areas) and all adjacent pedestrian zones; Scenario 2 would
include Main Street (pedestrian and vehicular areas) and primary pedestrian zones;
Scenario 3 would include Main Street pedestrian zones and primary pedestrian zones;
Scenario 4 is the manual snow removal option — no snowmelt. Each scenario is
explained further in Section III. Refer to Figures B-1, B-2, & B-3, Appendix B for
graphic representation of the areas. All scenarios are based on the master plan approved
for the Avon West Town Center Investment Plan, which includes a `woonerf style of
street design for Main Street. Although numerous other snowmelt areas could have been
considered, it was decided to offer these four scenarios for the purpose of this study.
1
Information within this report is based on experience, engineering judgment, engineering
research and concept charrettes and program brainstorm sessions with Town of Avon
(TOA) staff and Design Workshop. Opinions of probable cost contained within this
report are based on pre -schematic design concepts and were derived using multiple
assumptions, experience with similar systems, and input from qualified local contractors.
Actual costs should be determined by qualified contractors, utility providers, and
maintenance staff based on completed design.
II System Options
A. Option A — centralized natural gas boiler plant. Boilers transfer heat from the
combustion of natural gas to the heating water within the boiler heat exchanger.
Refer to Figure A-1, Appendix A for schematic. This is the most common system
for large scale snowmelt systems due in large part to its use of conventional
equipment and its relative cost effectiveness compared to other systems.
B. Option B — centralized heat pump system utilizing lake water as the `heat' source.
The general premise of a heat pump is to extract heat from a `source' and reject
that heat to the snowmelted area. Lake source water would be pumped from
Nottingham Lake to the location of the heating plant (refer to Section V., A. &
Figure B-4, Appendix B for proposed plant location). The water would flow
through the heat pump, which would transfer the heat energy from the lake water
to a snowmelt antifreeze mixture. The lake water would return to the lake at a
lower temperature after passing through the heat pump. Utilizing this type of heat
exchange would essentially result in no net loss of water from the lake; however,
water use rights and the potential for impact to aquatic life would likely result in a
time consuming, expensive legal process. The primary benefit of this type of
system is a reduced environmental impact as compared to Option A. Although a
detailed study of the temperature effects on the lake would need to be performed,
initial estimates indicate this is a feasible option. However, research did not turn
up a single large scale snowmelt application in North America.
C. Option C — centralized heat pump system with a ground loop heat exchanger, as
shown in Figure A-2, Appendix A. This system would operate similar to the lake
water system except this system would utilize vertical pipe loops in the ground as
the `heat' source. A drawback to a ground loop for a system of this size is the
magnitude of the loop field; roughly twice the size of the snowmelt area is
anticipated to satisfy the heating requirement of the system and the potential of
creating a permafrost layer within the surrounding ground mass. The ground heat
exchanger would be in Nottingham Park, covering up to four times the area of the
current soccer field. Following excavation, the boreholes could be covered with
sod and the area returned to normal use.
D. A solar hot water system could be used to increase the efficiencies of each heating
plant. This type of system can be used in addition to the options described above,
with slight modifications for each. Since solar panels are not effective at night or
2
during snowy weather, there would be no reduction to the base heating plant
capacity; however a solar system could provide benefits during sunny cold
weather to assist with ice clearing and reduce energy consumption in idling mode.
Solar pre -heat panels would be mounted on building rooftops or along the south
side of Benchmark Road, and can be expanded as the system grows or capital
becomes available. All mechanical equipment, less the panels, piping and valves
would be housed within the mechanical space and the heat transfer liquid piped to
the locations of the panels.
E. Other system options considered were decentralized boiler plants and electric
resistance cables. Decentralized boiler plants were deemed undesirable because
of the need for additional space to house the additional equipment and increased
frequency of maintenance for multiple locations. Electric resistance cables were
deemed undesirable due to high operating costs.
III Snowmelt Area Scenarios
Each of the following three scenarios for area of snowmelt can be combined with any of
the three heating plants described above. Cost analysis for each system type with regards
to each scenario is provided in Section IV., A.
A. Scenario 1 incorporates snowmelt in all pedestrian ways and vehicle ways within
the AWTC redevelopment (refer to Figure B-1, Appendix B,). This would
encompass roughly 154,600 square feet of snowmelt area including Main Street,
Civic Plaza, the Pedestrian Corridor, Park Plaza, Library Plaza, Restaurant Plaza,
Gateway to Main Street, Lettuce Shed Lane and Plaza, and Avon Station.
B. Scenario 2 incorporates snowmelt in all primary pedestrian zones and Main Street
(refer to Figure B-2, Appendix B). This scenario includes roughly 141,200 square
feet of snowmelt. Included in this scenario are Main Street, Civic Plaza, Park
Plaza, Library Plaza, Restaurant Plaza, Gateway to Main Street, Lettuce Shed
Lane and Plaza, and Avon Station. Traditional snow removal would be utilized
for the balance of the AWTC area.
C. Scenario 3 incorporates snowmelt solely in pedestrian zones (refer to Figure B-3,
Appendix B). This scenario also focuses on those areas that will receive minimal
to no sun on the shortest day of the year, December 22. Vehicle right-of-ways are
not included in this scenario. The approximate area of this scenario is
approximately 97,200 square feet. Areas included are Civic Plaza, Park Plaza,
Library Plaza, Restaurant Plaza, Lettuce Shed Lane and Plaza, and Avon Station.
Traditional snow removal would be utilized for the balance of the AWTC area.
D. Scenario 4 includes no snowmelt. Traditional snow removal would be utilized for
all areas of AWTC.
3
E. A sun -shade analysis prepared by Design Workshop illustrates the areas of the
proposed Main Street that will receive minimal or no sun on the shortest day of
the year. Appendix C graphically shows these areas, which are the highest
priority to be melted, and therefore are included within each scenario.
IV Primary Considerations
There are a multitude of factors to review when considering installation of a snowmelt
system. The most significant have been chosen as the basis of this study. The three
primary considerations are the economic impacts, environmental impacts, and impacts to
users. Other notable considerations are described in lesser detail in Section V.
A.
Economic Impacts
1. The capital cost of a snowmelt system is significant, regardless of which
system type is utilized. As shown in Figure 1, the capital cost of a natural
gas boiler plant is less than that of heat pumps, regardless of the heat
exchange medium used by the heat pumps.
Million
$11
Natural Gas Fired
Boiler
Scenario 1
0 Scenario 2
® Scenario 3
® Scenario 4
$4,485,000
$4,125,000
$2,942,000
$0
Ground Source
Heat Pump: Lake
Water Heat
$5,121,000
$4,772,000
$3,628,000
$0
Ground Source
Heat Pump:
Ground Loop Heat
$10,844,000
$9,933,000
$6,941,000
$0
Traditional Snow
Removal
Figure 1: Estimated Capital Cost
$0
$0
$50,000
$242,000
Economic factors for all the heating plant options will be proportional to
the snowmelt area and include heating equipment (boilers or HPs), pumps,
tubing & valves, trenching & excavation, insulation, wire mesh to anchor
the tubing, heat exchangers, and controls for proper and efficient
operation. These factors are included in each system's economic analysis.
As the graph indicates, the cost of the system is directly related to the area
of snowmelt. (Refer for Appendix B for areas and Appendix D for
4
opinions of probable cost.)
Ongoing operation and maintenance cost of a snowmelt system is another
important factor; Figure 2 shows the estimated operating costs per square
foot per year of operation of the system. The largest cost for operating
equipment is fuel. Due to the escalating price of electricity, natural gas,
labor and materials, annual operational costs will continue to increase. In
this analysis, data has been assimilated over a period of time to estimate
future pricing trends. Mechanical equipment must be maintained and
serviced on a regular basis. On the other hand, personnel must be hired to
shovel snow and operate the plow vehicles.
Thousands
$1,000- _
$900
$800
$700
$600
$500
$400
$300
$200
$100
$0
Natural Gas Fired
Boiler
El Scenario 1
■ Scenario 2
▪ Scenario 3
O Scenario 4
$650,000
$599,000
$429,000
$0
Ground Source
Heat Pump: Lake
Water Heat
$616,000
i571,000
$422,000
$0
Ground Source
Heat Pump.
Ground Loop Heat
$902,000
$829,000
$587,000
$0
Tradition Snow
Removal
$0
$36,000
$160,000
$418,000
Figure 2: Estimated Yearly Snowmelt/Snow
Maintenance - 2008 Dollars
Removal Operations and
3. Life -cycle cost of each heating plant option is an important factor to
consider. Assuming a 5% increase per year for 20 years of the capital and
annual operating costs, the heat pump and boiler life -cycle costs are nearly
identical, even though the total initial cost for the heat pump option is
substantially larger (refer to Appendix D). Since heat pumps operate more
cost -efficiently, they become more cost-effective over the long term than a
boiler plant; 20 years is the cost intersection between the systems.
4. With respect to economic impacts, a natural gas boiler plant is the most
cost-effective solution in the short term, but a heat pump system with lake
water heat exchange is likely to be slightly more cost-effective over the
life of the system.
B. Environmental Impacts
1. The second major consideration is the impact to the environment. Each
option burns fossil fuel: natural gas, coal (at the utility power plant), or
diesel. Upstream, or off -site, emissions were weighted equal to tailpipe,
or on -site emissions when evaluating an option for environmental impact.
Alternative energy production methods have been included in this report
for the sake of reducing the carbon footprint of a snowmelt heating plant.
2. Natural gas burns relatively cleanly when consumed in a boiler as opposed
to diesel in the vehicles that would be utilized for snow removal.
However, a much greater quantity of natural gas would be required to melt
snow than diesel to remove snow. As a result, a natural gas boiler system
would produce approximately three times the amount of environmentally
harmful byproducts (CO, CO2, NOx, etc.). Greenhouse gases emitted by
diesel engines are relatively small when compared to snowmelt heating
plant emissions, due to the reduced amount of time in operation.
3. A heat pump system would consume a substantial amount of electricity.
Coal-fired power
plants are one of
the largest
polluters in our
country, because
of their relative
inefficiency and
significant
number. As
shown in Figure
3, the majority of
electricity
produced in the
US is from a
`dirty' power
source, which directly relates to the carbon footprint of a system that uses
electricity in its normal operations.
Other, 0.3%
Nuclear, 19.4%
Other Gases,
0.4%
Petroleum,
1.6%
Natural Gas,
20.0%
Coal, 49.0%
Hydroelectric,
7.0%
Other
Renewables,
2.4%
Figure 3: Coal-fired power plants generate nearly half of
all electricity consumed in the US.
4. Carbon dioxide emissions from each heating plant will be a significant
factor in the selection process. Figure 4 illustrates the amount of CO2
produced by each heating plant relative to the square footage of each
scenario. Electricity generation accounts for the largest amount of
pollutants, the primary source of energy for the heat pumps which will
produce upwards of 2900 tons of CO2 annually. Natural gas boilers aren't
far behind, emitting almost 2100 tons annually with snow removal being
much less impactive, producing only 104 tons of CO2 each year. Heat
pumps become a better environmental option if the electricity is produced
6
by a renewable source, such as wind power. A similar benefit is achieved
if alternative fuels are used in snow removal vehicles, such as biodiesel or
E85.
3,000
2,500
2,000
1,500
1,000
500
Ground Source Ground Source
Heat Pump: Lake Heat Pump:
Water Heat Ground Loop Heat
Natural Gas Fired
Boiler
Traditional Snow
Removal
O Scenario 1 2,085 2,912 2,912
O Scenario 2 1,904 Z660 2,660
® Scenario 3 1,311 1,831 1,831
® Scenario 4
22
65
104
Figure 4: Tons of CO2 Produced per Year
5. With respect to environmental impacts, snow removal is the least
impactive. A natural gas boiler plant will be less impactive than other
snowmelt options, unless the electricity to operate heat pumps is generated
by renewables.
C. Impacts to Users
In an economy driven primarily by tourism, it is important to look at the
perceived reaction of visitors when considering a snowmelt system.
However, user safety will also be a large concern when determining
whether to install a snowmelt system or continue with snow removal.
1. From a safety perspective, mechanical snowmelt provides a safer, more
consistent walking surface for people equipped with all types of footwear,
from ski boots to high heels. This also reduces the interface between
pedestrians and snow removal equipment. Similarly, businesses often take
delivery of their products/merchandise early in the morning which may
frequently coincide with the snow removal process.
2. Snow removal vehicles are equipped with back-up alarms: the noise from
this safety feature is a frequent complaint to the town as well as the noise
created by plows on pavement. Such concerns would be significantly
7
reduced for the West Town Center with a snowmelt system; mechanical
noise produced by the system would occur within the enclosed mechanical
space.
3. Is snow on the ground an important factor for the character of a ski town?
Vail and Beaver Creek dealt with this issue when incorporating snowmelt
into their respective streetscapes. Both municipalities concluded that
personal safety, accessibility, and noise concerns outweigh the cost of
such a system. With a snowmelted streetscape, TOA has more flexibility
in terms of aesthetics: benches, planters, sculptures, etc. can be left in
place year-round without risk of damage from snow removal equipment.
V Other Notable Considerations
A. Heating Plant Location
The heating plant would ideally be located relatively close to the snowmelt zones.
The mechanical space to house the heating plant would likely be located within
the West Town Center Parking Garage to be built between the Recreation Center
and the Sheraton Hotel, on the north side of Main Street (refer to Figure B-4,
Appendix B for approximate location). Construction of this building is scheduled
to begin in 2010. Since construction of many streetscape areas are anticipated to
be complete prior to completion of this central heating plant building, provisions
could be made for a temporary heating plant or manual snow removal provided in
the interim. Another option considered is to construct the mechanical room before
the rest of the parking structure; a stand-alone facility to house all the mechanical
equipment required for operation of the system, which will be incorporated into
the parking garage when construction commences. This would allow for the
heating plant to be purchased and/or assembled incrementally as construction
allows.
B. Private Property
Private property boundaries are another factor to consider. In the case of Main
Street, these property boundaries are set; however, some structures are scheduled
for construction after this system is installed. If individual property owners are
interested in continuing the snowmelt to the door of their respective buildings,
then an agreement must be reached between owner and TOA to allow for
expansion of the system onto private property. This agreement should address
topics such as time frame for construction, rights of operation of the system, area
of private property to be melted, and cost incurred to owners for service of
snowmelt by TOA. Vail was successful in implementing such agreements with
many private parties when installing a snowmelt system within their streetscape.
8
C. Utilities
Utilities buried beneath Main Street will require service at some point in the
future. Access to these utilities should not require complete removal of the
snowmelt system; therefore, the type of construction should allow for
maintenance access to buried utilities. Tubing set in a sand bed with pavers above
(for pedestrian areas only) will be easier to temporarily dismantle for access to
buried utilities than tubing embedded in concrete. Since Main Street is a new
development, it may be possible to relocate these utilities from under the
snowmelt area prior to construction.
VI Conclusion
Traditional snow removal is cost effective and has relatively little impact to the
environment. However, if a snowmelt system is desired, a natural gas boiler system
appears the most appropriate choice overall.
9
Appendix A
System Schematics
Figure A-1. Note: HWS/HWR = Heating water supply/return, G = Gas
10
SYSTEM CIRCULATION
PUMPS
TOSN0YAELT
d8TRt8UOON
SYVTEN
GROUND LOOP RETURN
WATER SOURCE
HEAT PUMPS
HEAT PUMP
INJECTION PUMPS
GROUND LOOP SUPPLY
GROUND LEVEL
L,,L
1=1
GROUND SOURCE HEAT PUMP SCHEMATIC DIAGRAM
NO SCALE
TO ADDIRONAL
GROUND LOOPS
TYPICAL GROUND
TEMPERATURE
45'-65' F
Figure A-2. Note: HWS/HWR = Heating water supply/return
11
Appendix B
Snowmelt area scenarios
Figure B-1: Snowmelt Scenario 1
12
Figure B-2: Snowmelt Scenario 2
13
Figure B-3: Snowmelt Scenario 3
14
Figure B-4: Approximate Heating Plant Location
15
Appendix C
Design WorkShop Sun -Shade Analysis
Figure C-1: Sun -Shade Analysis: shadows on the shortest day of the year, December 215`.
16
Appendix D
Cost analysis (spreadsheet)
Heating Plant
Capital Cost
Capital Cost
Per S.F
O&M Total
O&M Total
Per S.F.
20 Year
Capital &
O&M Total
20 Year
Capital &
O&M Total
Per SF
Natural Gas Fired Boiler
Scenario 1
$4,485,000
$29.00
$650,000
$4.20
$18,020,000
$117
Scenario 2
$4,125,000
$29.20
$599,000
$4.20
$16,585,000
$117
Scenario 3
$2,942,000
$30.30
$429,000
$4.40
$11,873,000
$122
Scenario 4
$0
$0.00
$0
$0.00
$0
$0
Ground Source Heat Pump: Lake Water Heat Exchange
Scenario 1
$5,121,000
$33.10
$616,000
$4.00
$17,940,000
$116
Scenario 2
$4,772,000
$33.80
$571,000
$4.00
$16,648,000
$118
Scenario 3
$3,628,000
$37.30
$422,000
$4.30
$12,407,000
$128
Scenario 4
$0
$0.00
$0
$0.00
$0
$0
Ground Source Heat Pump: Ground Loop Heat Exchange
Scenario 1
$10,844,000
$70.10
$902,000
$5.80
$29,619,000
$192
Scenario 2
$9,933,000
$70.30
$829,000
$5.90
$27,179,000
$192
Scenario 3
$6,941,000
$71.40
$587,000
$6.00
$19,166,000
$197
Scenario 4
$0
$0.00
$0
$0.00
$0
$0
Traditional Snow Removal
Scenario 1
$0
$0.00
$0
$0.00
$0
$0
Scenario 2
$0
$0.00
$36,000
$0.30
$753,000
$5
Scenario 3
$50,000
$0.50
$160,000
$1.60
$3,371,000
$35
Scenario 4
$242,000
$1.60
$418,000
$2.70
$8,944,000
$58
17