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TC Council Packet 05-13-2008
TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MAY 13, 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 5. AMERICAN PLANNING ASSOCIATION AWARD (Eric Heidemann, Assistant Town Manager Community Development) Award for "Outstanding Small Town or Rural Plan for the 2006 Avon Comprehensive Plan 6. ORDINANCES a. Public Hearing on Ordinance No. 08-06, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 17 of the Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services Impact Fees for Land Development Activities Generating the need for Additional Fire Protection or Emergency Medical Services (Scott Wright, Assistant Town Manager Finance) Legislation related to adoption of impact fees for development activities within the Town of Avon; ERFPD requested the item be tabled at this meeting 7. RESOLUTIONS a. Resolution No. 08-14, Series of 2008, A Resolution Summarizing Expenditures and Revenues by Funding Budget For The Town of Avon, Colorado, for The Calendar Year Beginning on The First Day of January, 2008 and Ending on the Last Day of December, 2008 (Scott Wright, Assistant Town Manager Finance) Resolution 08-14 proposes to Amend the Town's Capital Projects Fund Budget b. Resolution No. 08-15, Series of 2008, A Resolution Adopting the East Town Center District Plan, dated May 1, 2008, and Setting Forth Details in Regards Thereto (Matt Gennett, Planning Manager) The East Town Center District Plan identifies parcel configurations and new automobile and pedestrian circulation alignments to increase the district's visibility and vitality c. Resolution No. 08-16, Series of 2008, Resolution Finding Substantial Compliance for a Petition for Annexation filed with the Town of Avon, Colorado, Known as the Red House Lots 1 and 2 Annexation, and Setting a Public Hearing Thereon (Eric Heidemann, Assistant Town Manager Community Development) Vail Corporation has submitted an annexation petition for property known as the Red House Lots 1 and 2 Annexation, a 1.44 acre parcel of land located on the northeast corner of Hwy 6 and Avon Road Avon Council Meeting.08.05.13 Page 3 of 4 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MAY 13, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD 8. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 9. NEW BUSINESS a. Planning & Zoning Commission Appointment (Eric Heidemann, Assistant Town Manager Community Development) 10. UNFINISHED / OLD BUSINESS 11. OTHER BUSINESS 12. TOWN MANAGER REPORT a. Colorado Municipal League's Board of Directors' Elections scheduled for June Annual Meeting and nomination of Larry Brooks to run for position representing cities & towns with population under 8,000 b. Request for Proposals for Town Attorney Services 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA ITEMS: June 10, 2008: 2007 Audited Financial Statements 16. CONSENT AGENDA a. Minutes from April 22, 2008 b. License Agreement between Town of Avon and Ticino, LLC d/b/a Ticino for use of Town Property (John Dunn, Town Attorney) Agreement for use of town property located at 100 W. Beaver Creek Blvd, Unit #127 for outdoor dining & liquor service in connection with the restaurant c. HP Geotech proposal for soil borings and asphalt cores on Hurd Lane (Shane Pegram, Engineer I) d. Street Improvement Change Order 004 for re -striping and sidewalk work on West Beaver Creek Blvd (Shane Pegram, Engineer I) e. Resolution No. 08-17, Series of 2008, Resolution of Participating Member Appointing Representatives to Upper Eagle Regional Water Authority (Larry Brooks, Town Manager) Resolution designating principal member to Upper Eagle Regional Water Authority 17. ADJOURNMENT Avon Council Meeting.08.05.13 Page 4 of 4 HEART of the \ ALLEY Memo AVON COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, AICP, Assistant Town Manager for Community Development Date: May 13, 2008 Council Meeting Re: American Planning Association Award Summary: The Community Development Staff is proud to present to the Town Council the 2008 Vernon Deines Award for Outstanding Small Town or Rural Plan, for the 2006 Town of Avon Comprehensive Plan. This award was honored recently by the STAR division of the American Planning Association (APA) during the 2008 National APA conference in Las Vegas, Nevada. The Town of Avon Comprehensive Plan was selected from numerous nominees based on quality, innovation, effective results, public participation, collaboration and long-term sustainability and the use of smart growth principles. The nominees were judged by a four - person jury. For your information, Vernon Deines, the namesake of the award, was a small town planning pioneer. Vernon has several publications with respect to planning innovation and long term planning of smaller municipalities. We would like to extend a special thank you to Rebecca Leonard, and Design Workshop. We would also like to thank members of the Comprehensive Plan Steering Committee who were instrumental in shaping this most important document, including: Mac McDevitt, Brian Sipes, Chris Evans, Terry Smith, Brian Nolan, Amy Phillips, Guy Erickson, Janine Glennon, and Michael Hazard. Town Manager Comments: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager Date: May 13, 2008 Meeting Re: Second Reading of Ordinance No. 08-06, Eagle River Fire Protection District Impact Fee (PUBLIC HEARING) HEART of the ti',\I.I.r_v AVON COLORADO Summary: On May 6th, 2008, staff received a letter from the Eagle River Fire Protection District requesting that the second reading of Ordinance 08-06 be tabled to the June 10th, 2008 Council meeting. In addition, staff has received comments relative to the proposed ordinance form Otten, Johnson, Robinson, Neff, and Ragonetti. Both of these letters are attached to this memo, along with the original packet of material that was presented during first reading. Background: Attached to this Memorandum is Ordinance 08-06, an Ordinance which provides for the adoption and addition of a new Chapter 17 to the Town's zoning code entitled "Impact Fees." Chapter 17 is written in a manner that supports the language from C.R.S. 29-20-104.5 authorizing municipalities to impose an impact fee as a condition of issuance of a development permit to offset the costs of providing capital facilities directly related to a service that the municipality is authorized to provide. Staff Recommendation: Staff recommends the Town Council TABLE Ordinance No. 08-06 on Second Reading to the June 10th, 2008 Council meeting, after holding a public hearing. Available Actions: 1) Approve on Second Reading Ordinance No. 08-06; or 2) Table on Second Reading Ordinance No. 08-06; or 3) Deny on Second Reading Ordinance No. 08-06. Town Manager Commen Ordinance No. 08-06, Eagle River Fire Protection District Impact Fee Town Council May 13, 2008 Regular Meeting (PUBLIC HEARING) Attachment: - Eagle River Fire Protection District letter dated May 6th, 2008 - Otten, Johnson, Robinson, Neff, and Ragonetti letter dated May 2nd , 2008 - Ordinance No. 08-06 (and supporting material) Ordinance No. 08-04, Historic Preservation Town Council March 25, 2008 Regular Meeting (PUBLIC HEARING) May 6, 2008 Mr. Eric Heidemann Assistant Town Manager Community Development Town of Avon 400 Benchmark Road \von, Colorado 81620 Re: Proposed Ordinance for Eagle River Fire District Impact Fees Dear Eric: I wish to request that second reading of the proposed Ordinance for Eagle River Fire District Impact Fees be tabled until Tuesday, June 10, 2008. The District is able to have its entire consulting staff attend on that date. Thank you for your consideration in this matter. Co Charles Moore, General Manager/Fire Chief POST °incl. Boy 7980 • 0351 BENCHMARK Roan • A‘oN, COLORkDO 81620 7980 PHONE: 970-748-%6S • FAX: 970 748-4749 • EMAIL: INFO ' FRFPD.ORG OTTENJOHNSON ROBINSON NEFF + RAGONETTI . May 2, 2008 BY EMAIL (JDUNN@JWDUNNLAW.COM( AND U.S. MAIL John W. Dunn, Esq. Law Offices of John W. Dunn, LLC 90 Benchmark Road Suite 201 P.O. Box 7717 Avon, CO 81620 MUNSEY L AYERS 303 575 7555 MUNSEY@OTTENJOHNSON COM Re: Proposed Ordinance for Eagle River Fire Protection District Impact Fees Dear John: Again, thank you for your April 23 email forwarding and soliciting input on the above -referenced matter. From your email, I understand that Town Council for the Town of Avon ("Town") will consider this matter on second reading at its regularly scheduled May 13, 2008, public hearing. Your email attachment included various materials pertaining to the proposed imposition of an impact fee ("Impact Fee") for the benefit of Eagle River Fire Protection District ("ERFPD"), and included a copy of an tin -numbered proposed ordinance ("Fee Ordinance") that would impose the Impact Fee if Town Council adopts the Fee Ordinance on second reading. Please ensure that this letter is made a part of the official record of the Town's proceedings with respect to the Fee Ordinance and any related matters. Please note that 1 have not undertaken a general evaluation of the Fee Ordinance and other documents pertaining to the Town's consideration of the Impact Fee and Fee Ordinance, but have reviewed it and am providing comments in this letter only from the narrow perspective of this firm's client, Traer Creek -RP LLC and its affiliates ("Traer") as the owner and developer of property within The Village (at Avon). Accordingly, the purpose of this letter is not to address any concerns that might apply to the Impact Fee or the Fee Ordinance generally, or as applied to other projects within the Town. Instead, this letter narrowly addresses the question implicit in your email as to whether the Fee Ordinance appropriately addresses collection of the Impact Fee within The Village (at Avon). For the reasons set forth below, it does not. Traer has statutory vested property rights ("Vested Rights") for a term of 35 years with respect to The Village (at Avon) as more specifically set forth in the Annexation and Development Agreement dated as of October 13, 1998 (as amended, the' "Development Agreement") and in The Village (at Avon) PUD Guide dated October 13, 1998 (as amended, the "PUD Guide"). As we have communicated previously, and as I reiterate here, Traer will not consent to any impairment of the Vested Rights, and will not suffer any direct or indirect impairment of 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENJOHNSON.COM DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS John W. Dunn, Esq. May 2, 2008 Page 2 the Vested Rights resulting from the Town's adoption of regulations of general applicability. Traer has been and will continue to be firm in its resolve on this point. As pertinent in this context, Section 3.4(d) of the Development Agreement makes clear that the scope of the Vested Property Rights includes: "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." (emphasis added). As the foregoing relates to the Impact Fee and the Fee Ordinance. the Development Agreement specifically addresses and limits the obligations of Traer with respect to various exactions, including a very specific and definitive exaction which NA as negotiated to fully and finally establish Traer's obligation to mitigate the impacts of development within The Village (at Avon) with regard to ERFPD. Specifically. Section 4.3(d) of the Development Agreement states: Within thirty (30) days after the Town's issuance of the first certificate of occupancy (temporary or final) for any improvement within Planning Areas K or L, Owner shall convey to the Town a parcel of land which is described as "Lot 5, The Village (at Avon) Filing 1" in the final plan submittal package which Owner submitted to the Town on June 29, 2001. Upon Owner's determination of the location and subsequent to the recordation of a final plat for the relevant Planning Area, Owner shall convey to the Eagle River Fire Protection District a parcel of land to be used exclusively for construction and operation of a fire protection facility, which shall consist of approximately one buildable acre in a location designated by Owner, and which may be located within Planning Area N or an "OS" or "P" Planning Area. The foregoing dedications constitute, collectively, the "Public Works Dedication." Construction and operation of the public works facility and the fire protection facility shall comply with the terms of the Development Plan and architectural standards and design guidelines established by the Design Review Board. In compliance with any such design guidelines, but at least ninety (90) days prior to commencing construction of any improvements on any such site or sites, the Town or the Eagle River Fire Protection District, as applicable, shall deliver to the Design Review Board copies of plans for such improvements. Owner or the District may at its sole option and at its sole expense, upgrade all or any portion of the exteriors of such improvements. (emphasis added). In short, the full extent of Traer's obligation to mitigate impacts of development within The Village (at Avon) on ERFPD is the conveyance to ERFPD of an approximately one acre site as described in the highlighted text from Section 4.3(d) above. Traer completed conveyance of this site to ERFPD roughly one year ago. The scope of the foregoing exaction is precise and specific, was thoroughly evaluated, negotiated and bargained for in the John W. Dunn, Esq. May 2, 2008 Page 3 Development Agreement, and is within the scope of the Vested Rights. it is a material part of a broader set of exactions which, in turn, were bargained for consideration for other material elements of the overall arrangement memorialized in the Development Agreement. Section 4.3(h) of the Development Agreement, the text of which is set forth below, further clarifies the foregoing point. Except for the East Avon Exaction, the Chapel Place Exaction, the Swift Gulch Road Improvements, the Public Works Dedication, the East Beaver Creek Boulevard improvements, the School Site Dedication and the Highway 6 Trail Exaction, neither Owner, the Public Improvement Company nor the District shall be required to pay or provide for any exactions, dedications or the like for any development or subdivision approvals relating to the Project, except as may be otherwise specifically set forth in the PUD Guide. The expenses and fees described in subsection 4.3(e) shall be the only amount required to be paid by Owner, the Public Improvement Company and the District to the Town (other than the East Avon Exaction, the Chapel Place Exaction, the Swift Gulch Road Improvements, the Public Works Dedication, the East Beaver Creek Boulevard improvements, the School Site Dedication and the Highway 6 Trail Exaction) in connection with the Town's effectuating the Final Approval. (emphasis added). While the language highlighted above makes clear that no further exactions, dedications or fees will be imposed, i anticipate that you will note the exception pertaining to things that may specifically be set forth in the PUD Guide. i would direct your attention in that regard to A.4. of the PUD Guide, which states that the Vested Rights "shall not preclude the application on a uniform and non-discriminatory basis of Town regulations of general applicability ... 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, delay or otherwise adversely affecting any of Owner's rights set forth in the /Development Agreement! or the Development Plan." 13ecause the Impact Fee, as implemented through the proposed Fee Ordinance, ssould have the effect of materiall\ and adversely affecting Traer's obligations under the Development Agreement with respect to mitigating the impacts on ERFPD from development within The Village (at Avon), the foregoing provision makes clear that application of the Fee Ordinance to development within The Village (at Avon) would be precluded, even assuming that it might otherwise be uniform and non-discriminatory. Additionally, please note that Section 4.3(i) of the Development Agreement states "All future taxes, assessments and fees imposed by the Town and not addressed in this Agreement shall be imposed uniformly and non -discriminately throughout the Town." (emphasis added). The foregoing is consistent with and further illustrates the principle that the Vested Rights preclude application of the Fee Ordinance, assuming Town Council approves it. to development activities within The Village (at Avon). Because the Development Agreement very specifically addresses and limits the agreed upon and bargained for scope of the exaction for impacts to ERFPD from development within The Village (at Avon), this provision pros ides no basis for imposing the Impact Fee on development activities within The Village (at Avon). I do note that the Fee Ordinance contains certain provisions that appear to be intended to provide a mechanism for an offset against the obligation to pay the Impact Fee where the pertinent project has previously provided John W. Dunn, Esq. May 2, 2008 Page 4 mitigation. Because the draft Fee Ordinance does not include completed section numbers, it is somewhat difficult to identify the various provisions which seek to discuss and implement that general principle. For present purposes, however, I do not believe it necessary to comment on those provisions beyond stating that, to the extent they could be construed to be inconsistent with foregoing analysis, Traer's Vested Property Rights preclude application of the Fee Ordinance and the Impact Fee to development activities within The Village (at Avon). I will mention, however, that it may be possible to construe these provisions in a manner that is consistent with the analysis set forth in this letter. If that is the intent, which I hope it to be, I believe that intent should be clarified by including a provision which expressly states that The Village (at Avon) is exempt from the Fee Ordinance and is not subject to the Impact Fee. I would be happy to work directly with you on specific language to that effect for inclusion in the Fee Ordinance prior to Town Council taking final action on it. As set forth above, it is clear that whatever merit and legal validity the Impact Fee and Fee Ordinance may or may not have in other contexts, which are matters this letter does not undertake to address and with respect to which Traer does not waive objections on other grounds. Traer's Vested Rights would preclude application of the Fee Ordinance and imposition of the Impact Fee to development within The Village (at Avon) if the Town Council in fact adopts the Fee Ordinance on second reading. unseyl. Ay' ers for OTTEN, JOHNSON, ROBINSON. NEFF & RAGONETTI, P.C. M LA/abm cc (by email): Tom Ragonetti Magnus Lindholm Michael Lindholm Marcus Lindholm Dan Leary 833168 1 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance DirectoOr _ �s Date: April 17, 2008 Re: Eagle River Fire Protection District Impact Fees Summary: On Tuesday evening representatives from the Eagle River Fire Protection District will present for an ordinance for first reading for the adoption of impact fees for development activities within the Town of Avon. Background: The District previously presented the concept of impact fees to the Avon Town Council last summer. Mr. Moore has addressed Council's questions that were raised at that time in his memo that is attached to this packet. Discussion: The ordinance provides for the adoption and addition of a new Chapter 17 to the Town's zoning code entitled "Impact Fees." Chapter 17 is written in a manner that supports the language from C.R.S. 29-20-104.5 authorizing municipalities to impose an impact fee as a condition of issuance of a development permit to offset the costs of providing capital facilities directly related to a service that the municipality is authorized to provide. It is anticipated that an Intergovernmental Agreement with the District (attached) that sets forth the procedures for collecting and remitting the impact fees would be approved after the adoption of the ordinance at second reading. Staff has two recommendations — one for the ordinance and one for the IGA. Staff recommends that the section of the ordinance addressing waivers for low and affordable housing be changed to reflect the Town's definition as follows: Page 1 "The Town Council may, by resolution, grant a waiver of the applicable impact fees for fire and emergency medical services on a development or portion of a development for the purpose of constructing or providing low or moderately priced housing units for sale or lease to low or moderate income persons; provided that the parties to the development shall agree to appropriately restrict the future use of the applicable units by recorded agreement, deed restriction, covenants, declarations, or similar instruments as may be required by the Town Manager." Staffs second recommendation relates to the IGA and the collection and remittance of the impact fees. The ordinance provides that the impact fees are imposed upon development approval which follows state statute. Staff recommends that the language in the IGA be wordsmithed in order to be clear and consistent with current Town policies and practices and that the actual collection of impact fees occur at the time of building permit issuance. Staff will work with the District in revising the attached.IGA language to our satisfaction. Financial Implications: The ordinance provides that the Town is authorized to charge a 6% fee to the District to cover administrative costs. Recommendation: Staff recommends approval of first reading of the ordinance with the recommended change to the Waiver section. Town Manager Comments: '4- 1c Gi GsL,�_ Attachments: azu A - Memorandum from Chief Moore to Avon Town Council B - Memorandum from Collins Cockrel & Cole to John Dunn C - Eagle River Fire District Resolution adopting impact fees D - Proposed IGA with Town of Avon E - Impact Fee Study — BBC Research F - Stan Bernstein & Associates forecast of SFE's and impact fee revenues G - Ordinance No. 08-06 • Page 2 April 16, 2008 Honorable Mayor Wolfe and Town Council Mr. Larry Brooks, Town Manager Town of Avon 400 Benchmark Road Avon, Colorado 81620 Re: Eagle River Fire District Impact Fees Dear Mayor Wolfe, Council Members and Mr. Brooks: Thank you for considering the matter of Impact Fees for the Eagle River Fire Protection District. When we first presented to you last summer, Council requested that the Fire District present to the Board of County Commissioners and Towns of Minturn and Red Cliff prior to the Town's consideration. You may be aware that Board of County Commissioners approved impact fees on our behalf. We have made presentations to Minturn and Red Cliff and we believe that the Agreements and Ordinances will be approved there as well. Council requested the answers to specific questions, and I recall those questions as follows: 1. How does the Agreement exempt deed restricted housing? 2. Why are you proposing meter sizes as opposed to square footage? 3. How do fire protection suppression systems affect the meter size? 4. Does the Town have the authority to collect an impact fee when certain development approvals have already been granted? Section 2, Paragraph 2.4 of the Intergovernmental Agreement gives Council the authority to waive impact fees for affordable housing. The paragraph reads "The Town Council may waive the applicable impact fee for Emergency Services on the development of low or moderate -income housing or affordable employee housing as defined in Section POST OFFICE Box 7980 • 0351 BENCHMARK ROAD • AVON, COLORADO 81620-7980 PHONE: 970-748-9665 • FAx: 970-748-4749 • EMAIL: INFO@ERFPD.ORG Page 2 — April 16, 2008 4-710 of the Eagle County Land Use Regulations, and pursuant to C.R.S. 29-20- 104.5(5)." We have based impact fees on meter sizes as opposed to square footage for the reason that western courts (not in Colorado) have upheld impact fees based on meter size. We believe it is an easier calculation administratively, but more importantly the legal precedent is stronger for a meter based rational nexus. The District also believes that the impact fee is not regressive toward new growth; the base fee financed over 30 years equals $9.50 per month; after tax this equates to $6.50 per month. The answer to the third question is fire sprinkler suppression systems are not factored into meter size. The need for fire protection water is factored into the service line or water main but excluded from the meter entirely; functionally and mathematically. So just like a fire hydrant, fire sprinkler systems are un-metered. The meter size and SFE is based on domestic use only. Finally, the District's legal counsel has discussed with John Dunn and opined that the Town may apply impact fees on previously approved development areas and the impact fee may still be imposed at the building permit stage. As you consider the proposed Intergovernmental Agreement and Ordinance I wish to restate that impact fees may only be expended to maintain the current service level and not to improve the service level. If we do nothing to meet the challenges of future service demand, then we expect the service level to deteriorate from the expected increases in call volume and population. We want future development to pay its share of the infrastructure the Fire District needs to serve that new growth. In summary, many local governments saw a large increase in their revenue. ERFPD received approximately $1.5 million in additional revenue. Here is how we spent that increase: • The District added nine (9) additional employees at a cost of $750,000. These employees have improved the crew size on each outbound fire engine by one to two firefighters. • A replacement ladder truck, 2 additional pumper trucks and a wildland truck were added at a cost of over $2.5 million. We financed these Page 3 — April 16, 2003 vehicles through a capital lease at a cost of $250,000 per year. The existing ladder truck is 28 years old and the pumpers we replaced, about 25 years old. • Approximately $500,000 was expended to increase employee salaries. We retained Mountain States Employers Council to help us determine the appropriate pay range. MSEC recommended certain salary ranges so as to remain competitive. We found most, if not all our employees were compensated 26% to 30% below what other similar jurisdictions were paying — and we have lost too many good employees as a result of less than competitive salaries. Our financial forecast prepared by Stan Bernstein and Associates indicates continued growth in assessed valuation; but our long term needs for capital and operations shows that growth in "AV" is insufficient to pay for future capital and operating expenses combined. On behalf of the Board of Directors, we look forward to your favorable consideration of the Agreement and Ordinance on first reading. General Manager / Fire Chief cc: Board of Directors, Eagle River Fire Protection District James P. Collins, Esq. COLLINS COCKREL & COLE A PROFESSIONAL CORPORATION PAUL R. COCKREL JAMES P. COLLINS ROBERT G. COLE TIMOTHY J FLYNN EVAN O. ELA LINDA G. ALEXANDER DAVID A. GREHER John W. Dunn, Town Attorney John W. Dunn & Associates, LLC Post Office Box 7717 Avon, Colorado 81620 ATTORNEYS AT LAW 390 UNION BOULEVARD, SUITE 400 DENVER, COLORADO 80228-1556 TELEPHONE: 303-986-1551 TOLL FREE: 800-354-5941 FACSIMILE: 303-986-1755 www.cccfirm.com August 22, 2007 Re: Impact Fees for Eagle River Fire Protection District Dear John: JAMES M. MOCK BECKY R. LENNON ERIC C. JORGENSON OF COUNSEL E-MAIL cccfirm@cccryrm.com VIA E-MAIL AND U.S. MAIL Jim Collins has advised me that he spoke with you by phone earlier this week concerning the Town's authority to collect impact fees at the time application is made for a building permit in circumstances where the subdivision in which the new construction is occurring has previously been approved by the Town. You suggested that Carolynne White had written an article for The Colorado Lawyer in which this issue had been addressed. Your retention of that sort of information is certainly better than mine. The article you reference is published as A Municipal Perspective on Senate Bill 15: Impact Fees, The Colorado Lawyer, May, 2002, Vol. 31. No. 5, Page 93. In that article Carolynne concludes that under Section 29-20-104.5(6), C.R.S., an impact that is payable at final building permit can be assessed against projects for which complete subdivision applications were filed before the fee was adopted, but which had not filed complete building permit applications at the time the impact fee was adopted. This issue is addressed in the proposed Ordinance in subparagraph C of the Section on Payment of Fees. G:\Clicnts\Eaglc Rivcr Firc\Lcttcis\J.Dunn.Impact Fcc.Building Pcnnit.082207.doc COLLINS COCKREL & COLE Avon, Colorado 81620 August 22, 2007 Page 2 "C. Where previous development activity has occurred prior to the imposition of the impact fees established by this Article, or for which impact fees were previously paid, impact fees for subsequent development activity on the same lot shall be based on the net increase, if any, in the impact fee based on the demand for capital facilities for fire protection and emergency medical services created by the new development activity as compared to the previous development activity." (emphasis added) I would conclude that this provision would authorize the Town to collect the impact fee when application is made for a building permit ("development activity') even though no impact fee had been adopted or collected when the earlier development activity (subdivision approval) had occurred. Going forward, it is important to the District (and it is so provided in subparagraph A of the Section on Timing of Payment) that where there are multiple levels of development approvals, such as annexation, zoning, subdivision and building permit approval, the impact fees shall be paid upon the earliest development activity to occur for which the amount of impact fees can be reasonably calculated. Thus, in the future, if the impact fees can be calculated at the time application is made for subdivision approval (i.e. 30 residential lots each of which will require a 3/ inch meter), the impact fees should be calculated, assessed and collected at that stage. I hope this information is helpful. If there is anything further you may require, please do not hesitate to contact me by phone or by e-mail. Sincerely, is C. Jorgenson ECJ/cds cc: Charles Moore, Fire Chief James P. Collins RESOLUTION ESTABLISHING EMERGENCY SERVICES IMPACT FEE CAPITAL IMPROVEMENT FUND WHEREAS, Eagle County and the municipalities within the boundaries of the Eagle River Fire Protection District ("District") have the power and authority to impose and collect impact fees on Emergency Service -Generating Development within the District, pursuant to Section 29-20-104.5, C.R.S. WHEREAS, the District is a quasi -municipal government and political subdivision of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to provide prevention and extinguishment of fire, protection of life and property from fire, enforcement of fire prevention codes, hazardous materials response, and other emergency services authorized by statute or typically provided by a public fire department (collectively, "Emergency Services") within the District. WHEREAS, any such impact fees collected and transferred to the District shall be accounted for as provided by law. WHEREAS, the District has determined that the establishment of an Emergency Services Impact Fee Capital Improvement Fund is necessary for the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE EAGLE RIVER FIRE PROTECTION DISTRICT, AS FOLLOWS: 1. The Emergency Services Impact Fee Capital Improvement Fund ("Fund") is hereby established to ensure that all impact fees for Emergency Services collected for, transferred to and administered by the District are expended for the purposes set forth herein and as permitted by law. 2. Upon receipt of any impact fees for Emergency Services, the District shall deposit such impact fees in an interest -bearing account and identify in its records the lot, development activity and development approval for which the impact fee was collected and the associated category, account, or fund of capital expenditure for which such impact fee was imposed. 3. Any interest or other income earned on funds deposited in said interest - bearing account shall be credited to the Fund. 4. The District shall use any impact fees for Emergency Services so collected and deposited to jointly fund, in combination with District funds, the capital facilities necessary to provide the Emergency Services needed to serve developments within the District, as contemplated by the Eagle River Fire Protection District Impact Fee Study, dated.)u,ly x.41 , 2007, prepared by C:\D0CUME- I \F - JORGEI 1L0CALS— I \Tcmp\MctaTcmp\ERFP J D Rcsolution.Impact Fcc Fund.doc PASSED AND ADOPTED at a regular meeting of the Eagle River Fire Protection District, this day of Jeri-. , 2007. EAGLE RIVER FIRE PROTECTION DISTRICT By: Attest: i:ee.v.e.tii Edward D. O'Brien, Secretary 3 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE EAGLE RIVER FIRE PROTECTION DISTRICT, CONCERNING THE COLLECTION, PAYMENT AND USE OF EMERGENCY SERVICE IMPACT FEES THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of , 2008, by and between the Town of Avon, Colorado ("Town") and Eagle River Fire Protection District ("District"), a special district of the State of Colorado. RECITALS WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the power to erect engine houses and provide fire engines and the necessary fire apparatus for the extinguishing of fires and to provide for the use and management of the same by volunteer fire companies or otherwise; and WHEREAS, pursuant to Section 16.2 of the Charter, the Town may enter into contracts or agreements with other governmental units of every kind and character for the joint use of buildings, equipment, or facilities, or for furnishing or receiving commodities or services of public benefit under such terms and conditions as shall be approved by Council; and WHEREAS, the District is a quasi -municipal government and political subdivision of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to provide prevention and extinguishment of fire, protection of life and property from fire, enforcement of fire prevention codes, hazardous materials response, and other emergency services authorized by statute or typically provided by a public fire department (collectively, "Emergency Services") within the Town; and WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State and its political subdivisions to give direct or indirect financial support and assistance to any other political subdivision as may be authorized by general statutes; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports the cooperation or contracting by or among any of its political subdivisions to provide any function or facility lawfully authorized to each of the cooperating units, including, without limitation, the sharing of costs, the imposition of taxes, or the incurring of debts; and C:\Documents and Settings\cmoore\Desktop\Town of Avon Impact Fees\ERFPD Impact Fee IGA - Avon.06.05.2007.doc WHEREAS, Sections 29-1-201 and 203, C.R.S., permit and encourage governmental entities to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governmental entities to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development of land, including the impacts resulting therefrom; and WHEREAS, Section 29-20-104.5, C.R.S., authorizes counties and municipalities to impose an impact fee as a condition of issuance of a development permit to offset the costs of providing any capital facility directly related to any service the county or municipality is authorized to provide, that has a useful life of at least five years, and is required by charter or general policy of the county or municipality; and WHEREAS, new development within the Town is placing significant additional demands on the provision of Emergency Services and the capital facilities necessary to provide them; and WHEREAS, the volume and pace of land development in the Town threatens the provision of adequate Emergency Services and facilities; and WHEREAS, the Town acknowledges that without the assistance of the Town in imposing and collecting impact fees for Emergency Services and their expenditure on necessary public facilities to provide the Emergency Services, citizens of the Town would suffer the result of decreased levels of Emergency Services; and WHEREAS, pursuant to Ordinance No. the Town Council has adopted amendments to the Avon Municipal Code which provide for fire protection and emergency medical services impact fees to be imposed on development which generates a need for additional fire protection and emergency medical services capital facilities; and WHEREAS, by Ordinance No. the Town Council has adopted an Impact Fee Schedule, Section 17._._, for the capital facilities of the District; and WHEREAS, the Town Council, upon consideration of the impacts of land developments within the Town on the ability of the District to provide adequate Emergency Services and related capital facilities within the District, has determined that it is in the best interests of the citizens of the Town and the District to cooperatively and in a coordinated fashion utilize the revenues from the Town's impact fees for Emergency Services to fund expenditures by the Town on capital facilities needed to provide Emergency Services to new development; 2 NOW, THEREFORE, in consideration of the Recitals stated above, and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which is acknowledged, the Town and the District agree as follows: SECTION 1. PURPOSE The purpose of this Agreement is to provide for the joint and cooperative funding of expenditures by the parties on capital facilities needed to provide fire protection and emergency medical services to new development occurring within the Town, and thereby carry out the purposes and intent of Ordinance No. ("the Impact Fee Ordinance"). Terms used in this Agreement and not defined herein shall have the meanings given to them in the Impact Fee Ordinance. SECTION 2. IMPOSITION AND COLLECTION OF AN IMPACT FEE FOR EMERGENCY SERVICES 2.1 During the term of this Agreement, the Town shall impose an impact fee for Emergency Services on each Lot (or other portion) of a Development upon the Commencement of the Emergency Service -Generating Development and paid at the time of issuance of a Building Permit. 2.2 For requests for Development approvals that are processed by the Town's Community Development Department, the required impact fees shall be collected by the Community Development Department prior to such approval and transferred to the District as provided herein. .2.3 The Town shall not issue a Development approval for a development activity subject to the Town's impact fees for Emergency Services until the applicant provides proof of the applicant's payment of the impact fee. 2.4 The Town Council may waive the applicable impact fee for Emergency Services on the development of low or moderate -income housing or affordable employee housing as defined in Section 4-710 of the Eagle County Land Use Regulations, and pursuant to C.R.S. 29-20-104.5(5). SECTION 3. ADMINISTRATION AND EXPENDITURE OF EMERGENCY SERVICE IMPACT FEE REVENUES 3.1 When an impact fee for Emergency Services is paid to the Town by a developer, such funds shall be transferred by the Town to the District within sixty (60) days following receipt of such funds, less six percent (6%) of the fee as an administrative fee to offset the Town's costs of collecting and administering the impact fee. The Town hereby appoints and designates the District as the Town's designee and agent for purposes of administering and expending the impact fees for Emergency Services as provided herein. 3.2 Upon receipt, the District shall deposit the Town's impact fees for Emergency Services in an interest -bearing account identifying the lot, development activity and development approval for which the impact fee was collected and the associated category, account, or fund of capital expenditure for which such impact fee was imposed. Any interest or other income earned on moneys deposited in the interest - bearing account shall be credited to the account. 3.3 The District shall use the Town's impact fees for Emergency Services to jointly fund, in combination with District funds, the capital facilities necessary to provide the Emergency Services needed to serve the development, as contemplated by the Eagle River Fire Protection District Impact Fee Study, dated July 24, 2007, prepared by BBC Research & Consulting and Stan Bernstein and Associates, Inc., or any updated, amended or replacement analysis adopted by the Town (`BBC/Bernstein Impact Fee Study") attached hereto as Exhibit 'A'. 3.4 The District may only utilize the Town's impact fee revenues for planning, preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off -site improvements associated with new or expanded facilities; the construction of buildings and other facilities; and the purchase of apparatus and equipment, including communications equipment, with an average useable life of at least five (5) years. No impact fees shall be used for periodic or routine maintenance of facilities and equipment, personnel costs, or operational expenses, or any purpose not otherwise authorized by Section 29-20-104.5, C.R.S. 3.5 In the event bonds or similar debt instruments are used to fund Emergency Service Capital Improvements necessary to provide Emergency Services to a development within the Town prior to collecting the impact fees associated with the development as herein provided, once collected, the Town impact fees may be used to pay debt service on such bonds or similar debt instruments. 4 3.6 The District shall account for all impact fees for Emergency Services collected pursuant to this Agreement in the manner required by Sections 29-1-801, et seq., C.R.S., and other applicable law. 3.7 The District shall establish and maintain a separate accounting system to ensure that all Town impact fees for Emergency Services administered by the District pursuant to this Agreement are expended for the purposes set forth in this Agreement. Such monies shall be considered to be spent in the order collected, on a first-in/first-out basis, that is, the first impact fees paid shall be considered the first fees appropriated and expended. No less than annually, and more frequently as may be reasonably requested by the Town, the District shall provide the Town an accounting of all impact fees collected, held and expended and otherwise administered by the District on behalf of the Town. The District shall also provide to the Town no later than December 1 of each year a report of anticipated expenditures of the Town impact fees for the coming year. 3.8 The expenditure of revenues from the Town impact fees for Emergency Services so collected shall constitute expenditure by the Town for assisting in the provision of Emergency Services to new development within the Town. In exchange for the Town's expenditure of the impact fees to jointly fund capital facilities in cooperation with the District, the Town shall obtain an ownership interest in the capital facilities funded by such impact fees, proportional to the amount of Town impact fees utilized to fund the capital facility. 3.9 In exchange for the continued provision of Emergency Services within the Town by the District, the Town hereby assigns to the District the Town's interest in any and all capital facilities funded in whole or part by the Town's impact fees, for the life of the capital facility. The District shall operate and maintain the capital facilities in good condition, subject to reasonable wear and tear. This section shall survive and remain in effect notwithstanding the termination of this Agreement or repeal or amendment of the Impact Fee Ordinance for so long as the District continues to use the capital facilities to provide Emergency Services to the development which paid the Town's impact fees. Upon the expiration of the useful life of the capital facilities, any remaining Town interest shall automatically transfer to the District. SECTION 4. LIABILITY AND INDEMNIFICATION 4.1 Any other provisions of this Agreement notwithstanding, if the Town is required to make any refund of any impact fee for Emergency Services, the District shall reimburse the Town for the required refund. The District shall indemnify, defend and hold the Town and its officers, agents and employees harmless from and against any and all claims or liability arising from the Town's implementation of this Agreement; or the administration and expenditure by the District of any of the Town's impact fees. 5 Specifically, this indemnification shall include, but not be limited to, any legal action by any party contesting this Agreement or the Impact Fee Ordinance on the grounds of unconstitutionality, lack of authority, or preemption by State law. The District shall also indemnify, defend and hold the Town, and its officers, agents and employees, harmless from and against any and all claims arising from any breach or default in the performance of the obligations on the District's part to be performed under the provisions of this Agreement, or arising from any intentional acts, negligence or omissions of the District or any of its officers, agents, and employees. Such indemnification by the District as provided in this Section shall include all costs, attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action or proceeding brought on any such claim; provided, however, nothing contained herein waives or is intended to waive any protections that may be applicable to the District under the Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. In the event the Town is named as a party in any legal action, in consultation with the Town, the District shall select legal counsel to represent the Town in such action. SECTION 5. TERM OF AGREEMENT The term of this Agreement shall commence upon execution of this Agreement and shall continue until the Impact Fee Ordinance is repealed; provided, however, either party may terminate this Agreement upon giving at least ninety (90) days written notice of such intent to terminate to the other party. This Agreement is also subject to annual appropriation by either party of sufficient funds necessary to carry out the obligations of the party. Upon termination, the District shall promptly return to the Town all Town impact fees for Emergency Services and interest accrued thereon that have not been expended on capital facilities under this Agreement; and each party shall have no further obligations under this Agreement, subject to the continued validity of Sections 3.8 and 3.9 as to capital facilities funded prior to such termination in whole or in part by the expenditure of Town impact fees for Emergency Services. SECTION 6. REMEDIES 6.1 Time is of the essence in this Agreement. 6.2 If a party violates or breaches or fails to keep or perform any covenant, agreement, term or condition of this Agreement at the time designated; or in the event a party is in default or in violation of a term of this Agreement for which no specific time is designated, and the default or violation continues or is not remedied within thirty (30) 6 days after notice in writing is given by the non -breaching party to the other party specifying the matter claimed to be in default, the non -breaching party shall be entitled to pursue all remedies available at law or in equity to enforce the terms of this Agreement, including the right of specific performance; provided, however, with respect to any default that cannot be cured within thirty (30) days, such legal remedies shall not be pursued if the breaching party takes all steps necessary to cure the default within such period and thereafter continuously exercises due diligence to cure the default. 6.3 The Town shall use its best efforts to collect the impact fees for Emergency Services and to withhold Development approvals until the impact fees are paid as provided in this Agreement; however, inadvertent failure to do so by the Town shall not give rise to any liability by the Town. The Town's failure to collect the impact fees or the Town's issuance of Development approval without first receiving the impact fees shall not constitute a waiver of the Town's authority to collect such fees. In such case, the non -collected impact fees shall remain valid obligations and the Town and the District shall cooperate to take such actions as are necessary to facilitate the collection of the same including, without limitation and to the extent legally permissible, suspending or revoking any permission to develop land previously granted. SECTION 7. NOTICES 7.1 All notices that may be required or given pursuant to this Agreement by a party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States first class mail, postage prepaid, and addressed as follows: DISTRICT TOWN OF AVON Eagle River Fire Protection District Post Office Box 7980 Avon, Colorado 81620-7980 Town Manager Town of Avon P.O. Box 975 Avon, Colorado 81620 7.2 The address to which any notice or other writing may be given to any party as above provided may be changed by written notice given by such party as above provided. SECTION 8. MISCELLANEOUS PROVISIONS 8.1 This Agreement is expressly conditioned upon the continuance in force of the Impact Fee Ordinance. In the event the Impact Fee Ordinance is repealed or amended 7 in a manner that is inconsistent with the terms of this Agreement, this Agreement shall terminate. 8.2 No modification or waiver of this Agreement or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 8.3 This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions or other obligations made or entered into by the parties other than those contained herein. 8.4 This Agreement shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any party without the express written consent of the other party. 8.5 All terms contained in this Agreement are severable and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term or condition is not contained herein. 8.6 The signatories to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made. 8.7 This Agreement may be amended from time to time by written Agreement duly authorized by all the parties to this Agreement. 8.8 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 8.9 This Agreement, or a memorandum of this Agreement, may be recorded in the records of the Eagle County Clerk and Recorder. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF AVON, COLORADO, by and through its Town Council By: Ron Wolfe, Mayor Attest: Patty McKenny, Town Clerk EAGLE RIVER FIRE PROTECTION DISTRICT, a Colorado special district, acting by and through its Board of Directors By: Charles A. Moore, Fire Chief/General Manager Attest: 9 Exhibit A Eagle River Fire Protection District Impact Fee Study — Phase II, Final Report May 7, 2008 BBC Research & Consulting Stan Bernstein and Associates, Inc. ("BBC/Bernstein Impact Fee Study") 10 B B c RESEARCH & CONSULTING 3773 Cherry Creek North Drive Suite 850 Denver, Colorado 80209-3827 303.321.2547 fax 303.399.0448 www.bbcresearch.com bbc@bbcresearch.com July 24, 2007 Mr. Charles Moore Fire Chief/General Manager Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, Colorado 81620-7980 Re: Eagle River Fire Protection District Impact Fee Study — Phase II, Final Report Dear Mr. Moore: The Eagle River Fire Protection District hired BBC Research & Consulting (BBC) and Stan Bernstein and Associates, Inc. (SBA) in November, 2006 to calculate impact fees for the Eagle River Fire Protection District (District). We will do so by answering the following four questions: 1. What is the current level of service provided by the Fag e River Fire Protection District? Since the primary purpose of impact fees is to help the Eagle River Fire Protection District maintain its current level of service in the future, it is necessary to know the level of service the Eagle River Fire Protection District is currently providing to the community. 2. What future growth is expected within the District? How many new residential households and nonresidential buildings will be served by the Eagle River Fire Protection District over the next ten years? 3. What new infrastructure is required to serve future growth while maintaining the current level of service? For example, how many new stations and fire trucks will be needed over ten years to maintain the current level of service? Final Report • Page 2 4. What impact fee is required to pay for the new infrastructure? Here we calculate an apportionment of new infrastructure costs to future residential and nonresidential land - uses.. Then, using this distribution, the applicable impact fees are determined. Addressing these four questions, in order, provides the most effective and logical way to calculate impact fees for the Eagle River Fire Protection District. 1) What is the current level of service provided by the Eagle River Fire Protection District? The District aims to fulfill two goals in regards to the level of service provided to the community: 1. The presence of one fire station within five road miles of any major development within the District's protection area; and, 2. For most routine requests for emergency assistance, the District will respond with a single resource with four firefighters as opposed to two resources with 4 firefighters. These service level goals are designed to promote efficiency, safety and better preparation for simultaneous calls throughout the District. However, the District's current infrastructure and equipment are sometimes insufficient to fulfill the second goal due to recent and anticipated growth. In order to maintain this level of service to both current and future residents, additional infrastructure and personnel will be needed by the District. Impact fees will help mitigate the financial burden created by these future investments. 2) What future growth is expected in the District? On March 6, 2007, SBA prepared an analysis of expected residential and non-residential growth that is likely to occur within the boundaries of the Eagle River Regional Fire Protection District during the next 20 years. This document is attached as Appendix A. Exhibit 1 summarizes the overall growth projections of the District from December 31, 2006 to December 31, 2026. Final Report • Page 3 Exhibit 1. Future Growth - Eagle River Fire Protection District Service Population SFEs SFEs 20 -Year Geographic Area 12/31/2006 12/31/2026 Growth Arrowhead 977 1,007 30 Town of Avon 3,189 4,229 1,040 Villages at Avon 268 1,642 1,374 Beaver Creek 2,701 2,754 . 53 Bachelor Gulch 970 1,042 72 Berry Creek 1,069 1,099 30 Eagle Vail 2,346 2,380 34 Edwards/Cord Val. 2,637 3,072 435 Cordillera/Summit 963 1,204 241 Red Sky Ranch 16 168 152 Wolcott Area - 1,350 1,350 Ginn Property - 2,180 2,180 Minturn 703 893 190 Red Cliff 125 139 14 Total 15,964 23,159 7,195 Source: Stan Bernstein and Associates. Inc. As shown above, the District's service population will experience growth of an estimated 7,195 single family equivalents (SFEs) in the next twenty years, a 45.4 percent increase. The largest growth will occur at the proposed Ginn Planned Unit Development, with an increase of 2,180 SFEs. The proposed Villages at Avon could add 1,374 SFEs; and the Wolcott Area, while difficult to precisely define at this time, could add up to 1,350 SFEs. 3) What new infrastructure is required to maintain the current level of service for future growth? Exhibit 2 below includes all new infrastructure (including purchases, repair and upgrades) as detailed in the Eagle River Fire Protection District 20 -year CIP. This list of capital is consistent with the recommendations of the independent siting consultant retained by ERFPD provided to us via e-mail by Charlie Moore on Friday, May 4, 2007. Final Report • Page 4 Exhibit 2. Future Infrastructure Needs -2007 to 2026 Type Of Capital Infrastructure Buildings Avon Fire Station(') Minturn Fire Station(1) Wolcott Fire Station Gilman Fire Station(t) Edwards Fire Station Eagle -Vail or Traer Creek Fire Station Red Cliff Fire Station Employee Housing Units Public Safety Training Facility° Subtotal Buildings Vehicles and Equpment Fire Rescue Vehicle for Avon Fire Station°° Pumper Truck for Eagle -Vail Fire Station Pumper Truck for Gilman Fire Station Ladder Truck for Minturn Fire Station Brush Truck for Edwards Fire Station Brush Truck for Gilman Fire Station Water Tanker for Gilman Fire Station Incremental Staff Vehicles Vehicle #1 Vehicle #2 Video Conferencing Technology SCBA Recharge Compressor Subtotal Vehicles and Equipment Impact Fee Study(4) Portion Allocated Year Purchase to Include in Purchase Purchased Value Impact Fees Value 2010 $5,500,000 45% $2,476,859 2014 $500,000 10% $50,000 2009 $750,000 100% $750,000 2011 $2,500,000 100% $2,500,000 2010 $2,500,000 45% $1,126,754 2014 $2,500,000 45% $1,126,754 2009 $950,000 0% $0 TBD $1,250,000 45% $563,377 NA $7,000,000 4.5% $315,000 $23,450,000 38% $8,910,744 2010 $400,000 100% $400,000 TBD $450,000 100% $450,000 2010 $450,000 100% $450,000 2014 $980,000 100% $980,000 2010 $125,000 100% $125,000 2010 $150,000 100% $150,000 2014 $425,000 100% $425,000 TBD $50,000 100% $50,000 TBD $50,000 100% $50,000 TBD $60,000 0% $0 TBD $15,000 100% $15,000 $ 3,155,000 98% $3,095,000 $18,000 100% $18,000 Grand Total: $12,023,744 Note: These new assets will allow the District to meet the level of service goals. (1) Includes land, design, building and FFE. (2) Eagle River Fire is one of ten agencies planned to use this facility, therefore only ten percent of its growth attributable purchase value is included in our calculations. (3) Value represents "fully -loaded" price of the vehicle, including tools, communications and other equipment. (4) Our Impact Fee Study is fully impact -fee eligible. Source: Eagle River Fire Protection District 20 -year CIP. The District plans on constructing new buildings and purchasing new vehicles and equipment in the next twenty years. However, not all of these new infrastructure purchases are associated with growth. Some capital costs are for repair and replacement of facilities e.g., standard periodic investment in existing facilities such as replacing an older fire engine and re -roofing a fire station. These costs are not impact fee eligible. Some capital costs are for betterment of facilities, or implementation of new services (e.g., development of a fire training facility for the first time). These costs are generally not entirely impact fee eligible. Some costs are for expansion of facilities to accommodate new development at the current level of service (e.g., purchase of new fire truck to accommodate expanding population). These costs are impact fee eligible. Final Report • Page 5 Because there are different reasons why the District invests in capital projects, BBC conducted a "GRUM" Analysis on all projects listed in the CIP: • Growth. The "G" in GRUM stands for growth. To determine if a project is solely related to growth, we ask "Is this project designed to maintain the current level of service as growth occurs? " and "Would the Fire Department still need this capital project if it weren't growing at all?" "G" projects are only necessary to maintain the Department's current level of service as growth occurs. It is thus appropriate to include 100 percent of their cost in the impact fee calculations. • Repair & Replacement. The "R" in GRUM stands for repair & replacement. We ask, "Is this project related only to fixing existing infrastructure?" and "Would the Fire Department still need it if it weren't growing at all?" "R" projects have nothing to do with growth. It is thus not appropriate to include any of their cost in the impact fee calculations. • Upgrade. The "U" in GRUM stands for upgrade. We ask, "Would this project improve the Fire Department's current level of service?" and "Would the Department still do it even if it weren't growing at all?" "U" projects have nothing to do with growth. It is thus not appropriate to include any of their cost in the impact fee calculations. • Mixed. The "M" in GRUM stands for mixed. It is reserved for capital projects that have some combination of G, R and U. "M" projects by their very definition are partially necessitated by growth, but also include an element of repair, replacement and/or upgrade. In this instance, a cost amount between 0 and 100 percent should be included in the fee calculations. Although the need for these projects is triggered by new development, they will also benefit existing residents. Projects that are 100 percent growth -related were determined by our study to be necessitated solely by growth. Alternatively, some projects were determined to be "mixed" in that they had elements of growth, repair and replacement and/or upgrade. The Edwards Fire Station and Employee Housing Units (found in Exhibit 2) are examples of such projects. In these situations, only a portion of the total cost of each project was included in the final impact fee calculation.' The remainder of the cost of each "mixed" project should be paid by the District. After accounting for "mixed -use" purchases, the approximate total value of fee -eligible capital construction and purchases is $12.0 million. 4) What impact fee is required to pay for future infrastructure? Here we calculate how much of the new fee -eligible infrastructure will be paid by developers. Using the distribution of future land -use from Exhibit 1, we can assign future infrastructure costs from As a proxy for the "M" percent, we used a ratio of total incremental square footage from 2007-2026 to total current square footage. This ratio equaled about 45 percent. Final Report • Page 6 Exhibit 2 to the appropriate development category and calculate the applicable fees. Our results are shown in Exhibit 3. Exhibit 3. Calculation of Impact Fees Note: (1) See Exhibit 2. (2) See Exhibit 1. Source: Eagle River Fire Protection District 20 -year GIP, Stan Bernstein and Associates, Inc. and BBC Research & Consulting. Impact Fee Calculation Allocated Value for Future Fire Infrastructure (1) Net Growth in SFEs 2007-2026(2) Impact Fee per New SFE $12,023,744 7,195 $1,671 As indicated above, we have calculated an impact fee of $1,671 per new SFE. A fee not to exceed this amount is recommended for the District. Single family homes would be charged this fee unless they were large enough to count as more than one SFE, as determined from the utility meter portion of each unit's building permit. Similarly, multifamily and non-residential development projects would be assessed impact fees according to the number of SFEs they represent. A residential meter (3/4 inch) is considered the standard meter and has a capacity ratio of 1. All larger meters serve commercial purposes and have capacity ratios greater than 1. Exhibit 4 lists the capacity ratios and meter size and type, according to the American Water Works Association. Exhibit 4. Capacity Ratios Source: American Water Works Association. Meter Size Type Capacity Ratio Impact Fee 3/4 Inch Displacement 1.0 $ 1,671 1 Inch Displacement 1.7 $ 2,841 1-1/2 Inch Displacement 3.3 $ 5,515 2 Inch Displacement/Compound 5.3 $ 8,857 3 Inch Compound 11.0 $ 18,382 4 Inch Compound 17.0 $ 28,409 6 Inch Compound 33.0 $ 55,147 8 Inch Compound 53.3 $ 89,071 8 Inch Displacement 60.2 $100,602 10 Inch Compound 77.1 $128,900 12 Inch Compound 144.2 $240,988 Using the ratios from Exhibit 4 and the utility meter portion of each new building permit, the District can determine how many SFEs each new building represents and assess the appropriate fee. For example, a new commercial building with a 3 inch meter warrants an impact fee of $18,382. Implementation Recommendations We offer the following recommendations for your consideration: Final Report • Page 7 • The fees calculated in Exhibit 4 should be considered as the maximum defensible amount, and can be lowered by the District's board if there are economic development concerns. • In order for the District to collect those fees, it will need to pursue intergovernmental agreements (IGAs) with local governments that have building permit authority such as Eagle County and the Towns of Avon, Minturn and Redcliff. • The District should promptly create and maintain an "Impact Fee Fund" separate and apart from the General Fund. All current and future impact fee revenue should be immediately deposited into this account, and withdrawn only to pay for growth -related infrastructure. The Department's General Fund should be reserved solely for the receipt of tax revenues and associated interest earnings, and ongoing operational expenses including the repair and replacement of existing infrastructure not related to growth. • The fees calculated in this study should be updated periodically as the District invests in additional fire protection infrastructure beyond what is listed in Exhibit 2, and/or the District's population or inventory of commercial square footage change significantly. • The fees should be updated annually based on the Engineering News Record index or other infrastructure inflation indices. • For projects listed in the Capital Improvements Plan that are not 100 percent growth - related ("mixed" projects), the District should assume the responsibility of paying their share from existing fund balances and/or ongoing revenue sources not tied directly to growth. • The timing of the initial implementation of the fees is important. For example, an estimated 218 SFEs are conservatively estimated to be constructed within the District's boundaries during 2007 — at an assumed fee rate of $1,671 per SFE, approximately $364,278 of fee revenue would be lost if the fees were not implemented during 2007. • It is important for the District to understand that approximately $12.0 million of fees are estimated to be collected from during years 2007 through 2026. However, the District's CIP (as set forth on Exhibit 2) indicates that growth related capital improvements will be required to be constructed or purchased during years 2009 through 2014. Consequently, these fee revenues will likely lag the need for growth related CIP projects. The District should plan for this net fee revenue shortage, and may have to advance General Fund or Bond Fund revenues to the Impact Fee Fund and seek reimbursement in future years from fee revenues generated. It will be difficult for the District to market revenue bonds which are supported by estimated fee revenue generated in future years. Final Report • Page 8 • In the event that Developers pay for CIP related improvements, the District could consider implementing a type of "Cost Recovery Policy" so that Developers are reimbursed all, or a portion, of the fees generated by their respective real estate developments. • The District has hired a planning consultant to refine the District's CIP. While we feel the current CIP accurately reflects future purchases for the District, any changes made by the consultant can be easily applied to the impact fees through amendment. Please feel free to contact us with any questions or concerns you might have about our conclusions. Our toll -free telephone number is 800-748-3222, x236 for Tom Pippin and x252 for Scott Kitchens. Sincerely, /1/"'"Y) Thomas A. Pippin Managing Director Stan Bernstein Stan Bernstein Bernstein and Associates, Inc. Scott Kitchens Research Associate Stan Bernstein and Associates, Inc. Financial Planners and Consultants For Local Governments, Municipal Bond Underwriters, and Real Estate Developers 8400 East Prentice Ave., Penthouse Greenwood Village, Colorado 80111 Phone: 303-409-7611 Fax: 303-409-7612 Email: Stanplan @ Earthlink.net September 10, 2007 Mr. Charlie Moore Board of Directors Eagle River Fire Protection District RE: DRAFT #6 ERFPD — FUTURE SINGLE FAMILY EQUIVALENT UNIT AND IMPACT FEE REVENUE FORECAST Dear Charlie and Board of Directors: Enclosed for your review is the most current draft of the results of our 2007 forecast of future Single Family Equivalent Units (SFE's) within the boundaries of Eagle River Fire Protection District ("ERFPD"). For the purposes of this forecast, one SFE contains 3,000 square feet, with the exception of hotel rooms which are assumed to be 0.35 SFE's or 0.50 SFE's depending upon kitchen facilities. The attached Schedule 1 summarizes the future SFE'S for ERFPD for the years ending December 31, 2007 through 2025. The last two rows on page 2 summarize the Impact Fee Revenues that could be generated from the proposed impact fee rate of $1,671 per SFE. These Impact Fee Revenues total Approximately $14.6 million from 2007 through 2025 (approximately $480,000 for 2007). As of December 31, 2006 there were approximately 15,990 SFE's being served by ERFPD. Schedule 1 indicates an additional 8,714 SFE's could be added during the next 19 -years which represents an increase of approximately 54.5% over the SFE base as of December 31, 2006. The total estimated increase in SFE'S during the next 19 -years by geographical area is summarized on the following page: Mr. Charlie Moore ERFD Board of Directors September 10, 2007 Page 2 of 6 INCREASE 2007 - GEOGRAPHICAL AREA ARROWHEAD TOWN OF AVON VILLAGES @ AVON(*) BEAVER CREEK BACHELOR GULCH BERRY CREEK EAGLE VAIL EDWARDS/CORD VAL. CORDILLERA/SUMMIT RED SKY RANCH WOLCOTT GINN PROPERTY MINTURN RED CLIFF TOTALS SFE'S (a, 12/31/06 977 3,194 268 2,706 979 1,080 2,352 2,622 968 16 0 0 703 125 15,990 SFE'S (a,12/31/25 1,007 4,251 2,428 2,757 1,051 1,113 2,388 3,453 1,406 168 1,350 2,300 893 139 24,704 ADDED DURING 2007 SFE'S 10 30 64 1,057 0 2,160 30 51 31 72 13 33 5 36 81 831 33 438 8 152 0 1,350 0 2,300 10 190 2 14 287 8,714 2025 PERCENT 3.07% 33.09% 805.97% 1.88% 7.35% 3.06% 1.53% 31.69% 45.25% 950.00% N/A N/A 27.03% 11.20% 54.50% (*) Approximately 514 additional SFE'S could be constructed at the Villages @ Avon. Schedule 1 indicates that an additional 287 SFE'S could be added during 2007; 401 SFE'S units could be added during 2008 (approximately 55% of those living units assumed be generated from The Confluence Riverfront related development); and an average of 466 SFE'S are assumed to be added annually during 2009 - 2025. It is important that these SFE estimates are carefully monitored so that adjustments can be made as future events regarding construction activity becomes clearer. A brief summary of the various projects expected to be constructed during the next 20 - years within the boundaries of ERFPD is described in the following paragraphs. ARROWHEAD Arrowhead is approaching full-buildout. We have assumed an average of 10.0 SFE's added during the next two years (2008 - 2009). This assumes that 5 — 6 large homes per year for the next two years will be constructed at various subdivisions at Arrowhead. TOWN OF AVON (EXCLUDING VILLAGES a AVON) The Town of Avon (excluding the Villages of Avon) is expected to add approximately 1,057 additional SFE's during the next nineteen years as described in the following paragraph. Mr. Charlie Moore ERFD Board of Directors September 10, 2007 Page 3 of 6 Approximately 10 SFE's per year during 2008 are expected to be generated from the Wildridge subdivision with an additional 5 SFE's per year from 2009 — 2013 and 2 SFE's per year beginning in 2014. Approximately 4 SFE's per year are expected to be generated from the Mountain Star subdivision. The West Avon Mall area (including only Avon Center and Lot 61 projects) is expected to generate 176 SFE's in years 2010 — 2013. The Gates at Beaver Creek development is expected to generate 50 SFE's in 2007. The Madison Partner's PUD is located east of The Gates development and is estimated at 112 SFE's during 2010. The Sheraton Mountain Vista expansion is expected to generate 61 SFE's during 2010 and 46 SFE's in 2012. The Westin Riverfront development (Confluence) is expected to generate approximately 373 SFE's in years 2008 - 2010. The Pizza Hut area (including the Buck Creek PUD) is expected to generate approximately 84 SFE's by the end of 2012. There is also a possibility that the entire East Avon Commercial Area (City Market Area) could generate significant additional SFE's as a result of potential urban renewal activity which is currently being studied by the Town of Avon and its consultants — we are assuming no SFE's from this development at this time. THE VILLAGES AT AVON The Town of Avon has provided the following information reflecting the Town's most current thinking regarding the scope and timing of real estate development at the Villages at Avon. However, this information is obviously subject to a high degree of speculation and uncertainty and modification and change as of this date and should be viewed in that context. Based upon current zoning, approximately 2,160 additional SFE'S could be added during the next 20-25 years. It is important to understand that we are not projecting any additional SFE's generated from this area until 2010 when we estimate an additional 70 SFE's generated from residential and commercial construction activity. Following is a discussion of the information that the Town of Avon has provided regarding the future development plans at the Villages at Avon. Single Family Homes A total of 54 moderate -sized homes are expected to be constructed south of I-70 from 2011 through 2022. A total of 37 estate -sized homes (containing approximately 1.75 SFE's each) are expected to be constructed north of I-70 from 2013 through 2022. Condominiums, Multi -Family Projects Approximately 144 RMF -1 condominiums are expected to be constructed during 2010 through 2013. Approximately 96 RMF — 3 condominiums are expected to be constructed during 2010 through 2013. Approximately 33 condominiums per year beginning in 2012 are expected to be constructed Area A, D, E, and F combined. An additional 650,000 square feet of retail space is expected to be completed by the end of 2015, which is would add a total of approximately 55.0 SFE's on a conservative basis. Mr. Charlie Moore ERFD Board of Directors September 10, 2007 Page 4 of 6 Affordable Housing Projects A total of 500 affordable housing units are expected to be constructed in three phases. The first phase is complete. The second phase will consist of 155 units expected to be completed during 2012, and the final phase will consist of 113 units expected to be completed during 2013. Hotel Projects A total of 560 hotel rooms (i.e., approximately 197 SFE's assuming each hotel room is assessed 0.35 SFE's) are expected to be constructed in three phases. The first phase is expected to be completed by the end of 2012 and consist of 150 hotel rooms generating 53 SFE's. The second phase is expected to be completed by the end of 2014 and consist of a 245 room hotel containing approximately 86 SFE's. The final phase is expected to be completed during 2017 and consist of a 165 room hotel containing approximately 58 SFE's. BEAVER CREEK Beaver Creek is approaching full-buildout. We are assuming an additional 7.0 SFE's per year during 2008 — 2010. BACHELOR GULCH Bachelor Gulch is also approaching full-buildout. A total of approximately 31 SFE's will be added during 2008 from the Beaver Creek Landing project. 5 SFE's are estimated during 2009 and 2010. Additional SFE's could also be generated from the potential conversion of a portion of the Ritz -Carlton Hotel rooms to large fractional, or whole ownership units. BERRY CREEK (SINGLE TREE) Single Tree is approaching full-buildout with an additional 20 SFE's expected to be added during the next two years as a result of new construction and remodeling projects. EAGLE VAIL Eagle Vail is 100% completed and built -out, although various renovation projects appear to be resulting in additional SFE's. EDWARDS (INCLUDING CORDILLERA VALLEY CLUB) Following is a summary of likely development in Edwards. Homestead, Heritage Park, South Forty, Fred Green, Riverwalk — Riverwalk and Heritage Park are assumed to be complete in 2007. We estimate an additional 96 SFE's during 2008 — 2010 to be generated from various vacant lots in Homestead, South Forty, and the proposed Fred Green site. We estimate an additional 20 SFE's per year from these areas during 2010 — 2014, and 10 SFE's per year beginning in 2015. Mr. Charlie Moore ERFD Board of Directors September 10, 2007 Page 5 of 6 West End (Gashouse Corner) The West End development is expected to include 185 multi family and affordable housing units plus commercial space. We estimate 200 SFE's from this development during 2009 — 2014. Rick Mueller Development There is currently a PUD submittal for a 40 — 60 multi- family development residential project south of Edwards Corner (north of the church). We have assumed 50 SFE's during 2008 — 2009. Fox Hollow (West of Mobile Home Park, South Side of Highway 6) The Fox Hollow PUD includes 21,000 square feet of light industrial/commercial space and 26 residential units (duplex and condominium). A portion of the commercial space is under construction (veterinary space). We estimate a total of 10 SFEs from the commercial development and 26 SFES from the residential development (total of 36 SFE's during 2007 — 2010). This site also includes the Edwards Design and Craft Center PUD which includes 49,700 square feet of light industrial/commercial space and 5 employee housing units. We estimate 25 SFE's from this site during 2010 — 2015. Equestrian Center Site 2 schools (1 high school and 1 elementary school) are planned for this site. The schools are expected to be complete by 2010. Based on current SFE's for Battle Mountain High School (40.9 plus 10.3 for the addition) and Edwards Elementary School (10.3) we estimate 40 SFE's for the high school and 10 SFE's for the elementary school in 2010. Cordillera Valley Club is assumed to add an average of approximately 6 SFE's (3-4 homes). CORDILLERA AND THE SUMMIT The Summit area of Cordillera is assumed to add approximately 8 — 9 SFE's annually beginning in 2007 (although the number of new SFE's may decline to 4 -5 after the next 5 years — we will continue to monitor this). The Divide and Ranch subdivisions of Cordillera are assumed to add approximately 8 — 9 SFE's annually beginning in 2007. RED SKY RANCH — At full buildout Red Sky Ranch will contain 117 single family residences. As of December, 2006 there are approximately 16 completed homes in Red Sky Ranch. We estimate 5 additional homes per year beginning in 2007. WOLCOTT — Future development in the Wolcott area is projected to begin within the next ten years. At full buildout, we estimate a total of residential living units in the Wolcott area. We assume 39 living units in 2010 with full-buildout occurring by 2025. Mr. Charlie Moore ERFD Board of Directors September 10, 2007 Page 6 of 6 GINN DEVELOPMENT — For purposes of this report, we are assuming the Ginn Development outside of Minturn will contain 600 single family homes and 1,100 townhome/condominium units. It is assumed that residential units will begin construction during 2011 and approach full-buildout by 2025. MINTURN - On a conservative basis, it is expected that unidentified real estate development within the Town of Minturn will add an average of 10 residential units annually after 2006. RED CLIFF — According to official from the Town of Red Cliff, the town currently serves 125 SFE's for water and sewer. The Town is largely built out with only a few vacant lots remaining. The area is seeing a trend of scraping older homes to rebuild larger, newer homes. This trend may result in a couple new SFE's annually. LIMITATIONS Stan Bernstein and Associates, Inc. has assembled the above information, and the information presented on Schedule 1, based on information provided by others. Stan Bernstein and Associates, Inc. has not independently evaluated or tested this information. Consequently, Stan Bernstein and Associates, Inc. does not vouch for the achievability or accuracy of this information, and disclaims any opinion with respect to this information. Very truly yours, Stan Bernstein Stan Bernstein and Associates, Inc. TOWN OF AVON, COLORADO Ordinance No. AN ORDINANCE OF THE TOWN OF AVON, COLORADO, AMENDING TITLE 17 OF THE AVON MUNICIPAL CODE, BY ADOPTING FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES IMPACT FEES FOR LAND DEVELOPMENT ACTIVITIES GENERATING THE NEED FOR ADDITIONAL FIRE PROTECTION OR EMERGENCY MEDICAL SERVICES. WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, the Town, by virtue of its Home Rule status, may adopt such ordinances relative to local municipal matters as are necessary to effectuate the purposes and intent of the powers granted to municipalities; and WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the power to erect engine houses and provide fire engines and the necessary fire apparatus for the extinguishing of fires and to provide for the use and management of the same by volunteer fire companies or otherwise; and WHEREAS, the Eagle River Fire Protection District ("Eagle River Fire" or "District") is a Colorado special district existing and operating under Title 32, Article 1, C.R.S., which includes the Town within its jurisdictional boundaries for the provision of fire protection and emergency medical services; and WHEREAS, the Town Council has determined that the District's capital infrastructure is designed to be mutually reinforcing for safety in that fire stations and firefighting equipment provide back-up coverage throughout the District's service area regardless of the physical location of a call for service within that area; and WHEREAS, the Town is experiencing high rates of population growth, increased population density and increased demand for fire protection and emergency medical services as a result of land development within the Town; and WHEREAS, to the extent that new development places demands upon the capital facilities and infrastructure for fire protection and emergency medical services, those C:\Documents and Settings\cmoore\Desktop\Town of Avon Impact Fees\Model Ordinance Impact Fees 06 04 2007.doc demands should be satisfied by the shifting the responsibility for financing such capital facilities and infrastructure from the public to the development creating the demands; and WHEREAS, the volume and pace of land development in the Town threatens the provision of adequate fire protection and adequate emergency medical services; and WHEREAS, the demand for fire protection and emergency medical services and facilities is immediate upon development of residential and commercial units even though the District's funding from tax revenues often accrues after the demand for such services exists; and WHEREAS, the Town Council finds and determines that one of the primary roles of building, subdivision and development review is to ensure availability of essential fire protection and emergency medical services and facilities, and that in order to promote and protect the convenience, order, prosperity and welfare of present and future inhabitants of the Town, a rational system is necessary to identify growth -related costs incurred by Eagle River Fire in providing new and expanded fire protection and emergency medical services made necessary by expanded population and economic activity levels generated by new development, and a fee structure therefor directly related to such costs and method for collection of such fees, should be adopted; and WHEREAS, the Town Council believes that fire protection and emergency medical services impact fees should reflect actual growth related capital costs; and WHEREAS, new development should not be charged for upgrading existing fire protection services and existing emergency medical services to serve primarily existing development, and funds collected from new development for fire protection services and emergency medical services should be primarily used to benefit such new development; and WHEREAS, the adoption of a requirement that developers of new residential, commercial and industrial subdivisions as well as new commercial, industrial and multi- family developments pay fire protection impact fees and emergency medical service impact fees as established herein will ensure that development bears a roughly proportional share of the cost of providing new and enhanced fire protection services and emergency medical services necessary to accommodate such new development; and WHEREAS, pursuant to Section 31-23-207, C.R.S., the purpose of a master plan, and any regulations adopted thereunder, is to guide and accomplish a coordinated, adjusted, and harmonious development of the municipality and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including among other things the promotion of helpful and convenient distribution of population, wise and efficient expenditure of public funds, and the adequate provision of public facilities; and WHEREAS, pursuant to Section 31-23-303, C.R.S., a municipality may enact regulations made in accordance with a comprehensive plan designed to promote the health and general welfare, to avoid undue concentration of population, and facilitate the adequate provision of transportation, schools, and other public facilities; and WHEREAS, the Local Government Land Use Control Enabling Act (the "Act"), Sections 29-20-101, et seq., C.R.S., Article 23 of Title 31, and other applicable law grant broad authority to the Town to plan for and regulate the development of land on the basis of the impacts thereof on the community and surrounding areas; and WHEREAS, Section 29-20-104.5 authorizes counties and municipalities to impose an impact fee as a condition of issuance of a development permit to offset the costs of providing any capital facility directly related to any service the county or municipality is authorized to provide, that has a useful life of at least five years, and is required by charter or general policy of the county or municipality; and WHEREAS, Sections 29-1-801, et seq., C.R.S., concerning land development charges, recognize that local governments may collect charges imposed on land development as a condition of the approval of development, if such charges relate to an expenditure for an improvement, facility, or piece of equipment necessitated by land development that is directly related to a local governmental service; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development of land and the impacts thereof; and WHEREAS, the Town Council finds and determines that as a part of the subdivision, special use, and variance permit review processes, it is necessary and proper to examine whether adequate fire protection facilities and equipment and adequate emergency medical services facilities and equipment will be available to residents of the Town, if such development is approved; and WHEREAS, Eagle River Fire has ordered BBC Research & Consulting and Stan Bernstein and Associates, Inc. to conduct and BBC has completed a Impact Fee Study ("BBC/Bernstein Impact Fee Study") analyzing the extent of the impact of development on fire protection services and emergency medical services throughout the Eagle River Fire Protection District, including the Town of Avon, and the fees necessary to mitigate the impact thereof; and WHEREAS, prior to final adoption, a public hearing was held before the Town Council of the Town of Avon to consider the adoption of the provisions set forth herein, following public notice as required by law; and WHEREAS, based upon the testimony at the public hearing, in the reasonable judgment of the Town Council, it finds that (1) new development upon which the impact fees for fire protection and emergency medical services are imposed creates a need for the capital facilities being funded by such fees; (2) new development will benefit from the construction of the facilities and improvements to be funded by these impact fees; and (3) the costs of the facilities and improvements funded by these impact fees are directly related to that required by new development; and WHEREAS, The Town Council finds that taking legislative action regarding fire protection and emergency medical services impact fees as set forth in this Ordinance is necessary to protect the health, safety and welfare of the present and future inhabitants of the Town and is consistent with the Town's goals, policies and plans, including the Town's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, as follows: Section 1. Adoption and addition of Chapter 17. to the Zoning Code of the Town of Avon, Colorado. Title 17 of the Avon Municipal Code is amended by the addition thereto of a new Chapter 17. , which is to read in full as follows: Chapter 17. . Impact Fees Sec. 17._._. Purpose Sec. 17._._. Use of Fees Sec. 17._._. Payment of Fees Sec. 17._._. Timing of Payment Sec. 17._._. Alternative Fee Calculation Sec. 17._._. Credit for Improvements Sec. 17._._. Refund of Paid Fees Sec. 17._._. Lien for Unpaid Fees Sec. 17._._. Waiver Sec. 17._._ Impact Fee Schedule Sec. 17._._ Annual Adjustment Sec. 17._. Purpose A. The Town requires that areas chosen for development shall be capable of being provided within a reasonable period of time with an adequate level of fire protection and emergency medical services, including fire protection facilities and emergency medical services facilities. B. This Section is intended to: (1) Provide a rational system for identifying and mitigating costs associated with growth and development and the expansion of fire protection and emergency medical services and facilities made necessary by land development activities, a growing population and economic activity levels. (2) Regulate the use and development of land to ensure that new development pays no more nor less than its fair share of the cost of capital expenditures necessary to provide adequate fire protection and emergency medical services to developments within the Town. (3) Assure that the system of impact fees implemented in this Article is linked to a capital facilities program designed to provide the facilities and equipment for which the impact fees are imposed. (4) Ensure that the impact fees established by this Article are not used to offset existing deficiencies in capital facilities necessary to serve pre- existing development. (5) Ensure that new development that adequately mitigates or reduces the impact it creates on fire protection and emergency medical services through site -specific dedications or improvements receives offsetting credit against its impact fee obligation. Sec. 17._._ Use of Fees. A. All impact fees collected pursuant to this Article shall, after retention of a reasonable administrative fee not to exceed six percent (6%) by the Town, within sixty (60) days following payment to the Town, be transferred to the Eagle River Fire Protection District (the "District"). B. After payment to the District, all fees collected pursuant to this Article shall be accounted for in the manner required by 29-1-801, et seq., C.R.S., and other applicable law. Fees shall be deposited in an interest -bearing account which clearly identifies the lot, development activity and development approval for which the impact fee was collected and the associated category, account or fund of capital facility, by either aggregate or individual land development. Each such category, account, or fund shall be accounted for separately. Any interest or any income earned on moneys deposited in said interest -bearing account shall be credited to the account. C. Revenues from impact fees shall be used exclusively for capital facilities, as defined by Section 29-20-104.5, C.R.S., for fire protection and emergency medical services. The costs of such capital facilities shall include any financing costs associated with such improvements. D. No fees shall be used for periodic or routine maintenance, personnel costs or operational expenses. E. In the event that bonds or similar financing instruments are used for the advance provision of any capital facilities for which impact fees are required, impact fee revenues may be used to pay debt service on such bonds or similar financing instruments. F. The Town may enter into an intergovernmental agreement with the District to jointly fund expenditures and provide capital facilities needed to serve the development for which the impact fees were imposed. To the extent such intergovernmental agreement utilize revenues from the impact fees imposed by this Chapter, it shall include such terms requiring compliance with this Chapter and Colorado law regarding impact fees, including Part 8, Article 1, Title 29 and Sections 29-20-103 and 29-20-104.5, C.R.S., and auditing of accounts and compliance as deemed appropriate by the Town Council. G. In the event this Ordinance is repealed or any such intergovernmental agreement is terminated, such capital facilities during their useful life shall continue to be utilized to provide services to the development for which the impact fees were imposed. Sec. 17._._ Payment of Fees. A. As used in this Article and as defined in this Land Use and Development Code, the term "development approval" shall constitute a "development permit" as that term is used in Sections 29-20-103 and 29-20-104.5, C.R.S. B. A developer requesting a development approval shall pay the impact fees established by this Article as a condition of development approval. The obligation to pay such impact fees shall run with the land. C. Where previous development activity has occurred prior to the imposition of the impact fees established by this Article, or for which impact fees were previously paid, impact fees for subsequent development activity on the same lot shall be based on the net increase, if any, in the impact fee based on the demand for capital facilities for fire protection and emergency medical services created by the new development activity as compared to the previous development activity. D. For applications for an amendment or change to a development approval previously obtained, but for which the development activity was not completed, the amount of the impact fee for the subsequent development approval shall be based on the net increase, if any, in the demand for capital facilities for fire protection and emergency medical services created by the new development approval as compared to the impact fee paid for the previous development approval. Sec. 17._._ Timing of Payment. A. Where development activities may result in multiple levels of development approvals, such as annexation, zoning, subdivision and building permit approval, impact fees shall be paid upon the earliest development activity to occur for which the amount of impact fees can be reasonably calculated. B. If for any reason, the amount of the impact fee cannot be calculated at the time of the initial level of development approval, the Town may defer computation and payment of all or a part of the impact fee until a subsequent level of development approval, or the Town may require that an estimated fee be paid. If an estimated fee is paid, any underpayment shall be recovered at the time of the next development approval at which the impact fee can be reasonably calculated. In the event an over -payment is made, such over -payment shall be refunded, without interest, within thirty (30) days following the date the impact fee can be completely computed. Sec. 17._._ Alternative Fee Calculation. In lieu of payment of impact fee amounts set forth in this Article, the developer may prepare and submit to the Town Manager a site -specific fiscal impact and fee calculation study for the development approval that is requested. The site -specific fiscal impact and fee calculation study shall follow the prescribed methodologies and formats established by the impact fee study submitted by the District. The fiscal impact study submitted shall show the basis upon which the site -specific fee calculation was made. The site -specific fiscal impact and fee calculation study shall be prepared and presented by professionals qualified in their respective fields. The Town Manager shall consider the documentation submitted by the developer, but is not required to accept such documentation reasonably deemed to be inaccurate or not reliable, and may, in the alternative, require the developer to submit additional or different documentation for consideration. If an acceptable site -specific fiscal impact and fee calculation study is not presented, the developer shall pay the impact fee set forth in this Chapter. Determinations made by the Town Manager pursuant to this paragraph may be appealed to the Town Council by filing a written request with the Town Manager within ten (10) days of the Town Manager's determination. Following the submittal of such request, the Town Council shall hold a public hearing to determine the amount of the impact fee, which shall be paid prior to the development approval. The decision of the Town Council shall be a final quasi-judicial decision for purposes of Rule 106(a)(4) and (b), C.R.C.P. Sec. 17._._ Impact Fee Credit for Improvements. Upon approval by the Town Council, any developer obligated to pay an impact fee shall receive a credit against the amounts due or to become due for any site -specific dedication or improvement provided by the developer to meet the same need for capital facilities for fire protection and emergency medical services for which the impact fee is imposed. No developer shall be required to provide any site specific dedication or improvement to meet the same need for capital facilities for which an impact fee is imposed. Sec. 17._._ Refund of Paid Fees. A. If a development approval expires without commencement of construction or development, the developer shall be entitled to a refund, without interest, of the impact fee paid as a condition for development approval, except when the fee has been expended or encumbered by the District in advance of and in anticipation of development. The developer must submit an application for such refund to the Town Manager within thirty (30) days of the expiration of the development approval. Neither the Town or the District shall have any obligation to refund any fee that has been expended or encumbered by the District in advance of and in anticipation of the development. B. Any fee not expended or encumbered by the District by the end of the calendar quarter immediately following ten (10) years from the date the fee was paid by a developer shall, upon application of the then current landowner to the Town Manager, be returned to the landowner with interest earned on the fee, within one hundred eighty (180) days of the expiration of such ten (10) year period. Provided, however, that the Town Council, in its discretion, for good cause shown, may extend such period of time for an additional period as the Town Council deems reasonable and necessary. Sec. 17._._ Lien for Unpaid Fees. All impact fees shall constitute a prior, perpetual lien upon each lot or parcel subject to the development approval for which impact fees are imposed from the due date thereof, until paid. If such fee is not paid when due, in addition to any other means provided by law, the Town Clerk shall certify such delinquent fee to the Treasurer of Eagle County, and the fee shall be collected in the same manner as though it were part of the taxes. The Town may withhold or revoke any development approval, including certificates of occupancy, for which payment of impact fees is delinquent. Sec. 17._._ Waiver. The Town Council may, by resolution, grant a waiver of the applicable impact fees for fire protection and emergency medical services on the development of low or moderate -income housing as defined in Section 4-710 of the Eagle County Land Use Regulations, and pursuant to C.R.S. § 29-20-104.5(5). Sec. 17._._ Impact Fee Schedule. The following impact fees for fire protection and emergency medical services are established and imposed. The impact fee amounts and rates are deemed to fairly, equitably and proportionately mitigate the impacts on capital facilities for fire protection and emergency medical services created by development within the Town: For Residential, Commercial (including lodging) or Industrial Development, impact fees imposed for fire protection and emergency medical services shall be based on size of the water meter required for development: 3/4 inch Impact Fee: $ 1,671 1 inch Impact Fee: $ 2,841 1.5 inch Impact Fee: $ 5,515 2 inch Impact Fee: $ 8,857 3 inch Impact Fee: $18,382 4 inch Impact Fee: $28,409 6 inch Impact Fee: $55,147 8 inch Impact Fee $89,071 10 inch Impact Fee $128,900 12 inch Impact Fee $240,988 Sec. 17._._ Annual Adjustment. The impact fees imposed hereby shall be reviewed and may be administratively adjusted without further Town Council action annually for inflation, beginning January 15, 2008 and annually on each anniversary date thereafter. Any such adjustment shall be based upon the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver -Boulder, all items, all urban consumers, or its successor index, or an equivalent index applicable to Eagle County. Section 2. BBC/Bernstein Impact Fee Study Approval. The Town Council hereby approves and adopts the BBC/Bernstein Impact Fee Study, a copy of which is attached hereto as Exhibit A, as the basis for the impact fees for fire protection and emergency medical services established by this Ordinance. Section 3. Public Inspection. The full text of this Ordinance and the Avon Municipal Code being amended hereby, are available for public inspection at the office of the Town Clerk. Section 4. Severability. If any portion of this Ordinance is found to be void or ineffective, it shall be deemed severed from this Ordinance and the remaining provisions shall remain valid and in full force and effect. Section 5. Public Hearing. A public hearing on this Ordinance shall be held on the day of , 2008, at 5:30 p.m. at the Avon Town Hall, , Avon, Colorado Section 6. Effective date. This Ordinance shall become effective and be in force immediately upon final passage at second reading. INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE DAY OF , 2008. TOWN OF AVON, COLORADO By: , Mayor ATTEST: By: , Town Clerk FINALLY ADOPTED, PASSED, APPROVED, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE DAY OF , 2008. TOWN OF AVON, COLORADO By: , Mayor ATTEST: By: , Town Clerk Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance_ Date: May 8, 2008 Re: Resolution 08-14, Capital Projects Fund Budget Amendment Summary: Resolution 08-14 proposes to amend the Town's Capital Projects Fund budget for a number of different projects as discussed in further detail below. The net change in the Capital Projects Fund is to reduce appropriations from $7,244,771 to $7,233,281, a reduction of $11,490. Discussion: A discussion of the purpose of the various amendments follows: Public Works Facilities Improvement Program Design Services Contract On April 8th, 2008, the Town awarded a professional services contract with an initial budget of $613,610. This amount was $113,610 above what was originally budgeted in the 2008 CIP. The base contract award ($500,000) provided for schematic design for both the Swift Gulch site and the Village sites, plus surveying and geotechnical investigation, and preparation of an environmental impact report for the Swift Gulch site. The additional $113,610 amount was approved by Town Council in order to allow the design consulting team to initiate LEED documentation (e.g., prepare a Sustainability Merit Report), evaluate geotechnical debris -flow issues, and conduct a solar power feasibility analysis for the Swift Gulch site during 2008 because these project elements have the greatest potential to impact the schematic design results. Staff indicated to Council that the additional costs would be transferred from another discretionary project — the Wildridge Parks Program. This budget amendment reflects a reduction in that project budget of $250,000. Waste Heat Recovery System Study. Town Council has verbally pledged $90,000 toward an effort to evaluate the potential of obtaining waste heat from the Avon Waste Water Treatment Plant and delivering it to Avon Station if the Eagle River Water and Sanitation District (ERWSD) would do the same. Staff has worked with ERWSD to enter into a professional services agreement with a consultant to complete the draft grant application and conduct Page 1 engineering pre -design of a heat recovery facility which would extract heat from the Avon WWTP and provide a hot glycol supply to the Town. The consultant will be invoicing the Town for 50% of the work, up to $90,000. An estimated $750,000 to $1,000,000 in additional capital will be needed (e.g., in 2009) to complete construction of the Town's portion of the heat supply loop, although this estimate will be re -adjusted after pre -design has been completed. The Town intends to apply for grants to fund majority of the construction cost. Unified Land Use Code Revisions. Based on earlier direction from Council, go-ahead has been given for the creation of a consolidated land use chapter, common among Colorado counties and municipalities, which will create a more user-friendly document for staff to administer and the development community to understand. This revision to our code will allow staff to strengthen the Town's land use regulations with more progressive policies and procedures, particularly with respect to the subdivision review process, as well as allow for necessary changes related to new statutory and/or case law. A estimate of the cost of this project is $250,000 with 60% of the cost ($150,000), added to the CIP budget for 2008, and the remainder to be completed in 2009. Media Improvements Program. A proposed new project in the amount of $34,000 has been included in the CIP budget amendment for media improvements in the Town Council chambers including a new video recoding and production system and the ability to provide video web streaming and links to Avon Town Council agendas. A presentation on this system will be given by staff during the Town Council worksession. Please also refer to the memorandum attached. Wildridge Loop Pedestrian Improvements. The current project budget for the Wildridge Loop Pedestrian Improvements is $ 1,250,000. On April 22, 2008, Council approved Change Order 003, which included widening of Wildridge Road East and West. The proposed project budget is shown below: Wildridge Road East and West Construction $1,001,900 Project Administration 4,000 Contingency 100,000 Total Recommended Project Budget $1,105,900 2008 Street Improvements. The current project budget for the 2008 Street Improvements is $375,000. On April 22, 2008, Council approved Change Order 003, which included asphalt resurfacing of Sun Road and Longsun Lane. Change Order 004 will include pavement striping and required sidewalk work on West Beaver Creek Blvd. Staff expects adjacent property owners to reimburse the Town $23,500 for sidewalk replacement on Sun Road and West Beaver Creek Blvd. The proposed project budget after Change Order 004 is shown below. • Page 2 Sun Road, Longsun Lane, and West Beaver Creek Blvd. Construction $ 325,000 Project Administration 4,000 Hurd Lane Geotech Investigation 6,200 Contingency 35,000 Total Recommended Project Budget $ 370,200 Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 08-14 B — Capital Projects Fund, Pages 1-6 C — Memorandum — Media Improvements for Town Council Meetings • Page 3 RESOLUTION NO. 08-14 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2008 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2008, AND ENDING ON THE LAST DAY OF DECEMBER, 2008. WHEREAS, the Town Council of the Town of Avon has adopted the 2007 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is amended as follows for 2008: Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 5,292,355 $ 5,292,355 10,272,204 10,272,204 7,494,332 7,482,842 Ending Fund Balance $ 8,070,227 $ 8,081,717 1 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 13th day of May, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk I 5 Capital Projects Fund #41 Amendment No. 1 Fund Summary REVENUES Taxes Intergovernmental Investment Earnings Other Revenue Total Operating Revenues Other Sources: Transfer In from Other Funds TOTAL REVENUES EXPENDITURES Capital Improvements: Facilities Land and Land Improvements Roads and Streets Utilities Recreation Stormwater and Drainage Strategic Planning Communications Other Developer Rebates Total Capital Improvements Other Uses Operating Transfer -Out - General Fund Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCE, Beginning of Year FUND BALANCE, End of Year Final Revised Budget 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 2,500,000 2,526,778 250,000 1,374,000 $ 8,548,204 235,000 250,000 9,000 $ 8,548,204 $ 235,000 250,000 9,000 6,650,778 9,042,204 9,042,204 486,559 1,230,000 1,230,000 7,137,337 10,272,204 10,272,204 3,673,842 1,450,000 1,563,610 300,000 50,000 4,530,797 2,277,000 2,127,900 90,000 242,774 95,000 95,000 486,559 1,230,000 1,230,000 314,819 400,000 550,000 34,000 46,080 25,000 25,000 81,630 1,467,771 1,467,771 113,610 (250,000) (149,100) 90,000 150,000 34,000 9,376,501 7,244,771 7,233,281 200,000 249,561 249,561 (11,4901. 200,000 249,561 249,561 9,576,501 7,494, 332 7,482, 842 (11,490) (2,439,164) 2,777,872 2,789,362 7,731,519 5,292,355 5,292,355 11,490 $ 5,292,355 $ 8,070,227 $ 8,081,717 $ 11,490 Page 1 6 Capital Projects Fund #41 Amendment No. 1 Revenue Detail Account Number Description Final Revised Budget 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Taxes: 51401 Real Estate Transfer Tax 51000 Total Taxes Intergovernmental: Federal Grants: 53199 CDOT Enhancement Funds Grant 53199 FTA/CDOT Transportation Center Grant Local Government/Other Agency: 53401 Village at (Avon) 53401 Nottingham-Puder Ditch Cost Sharing 53401 Eaglebend Housing Authority 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 57000 Total Investment Earnings Other Revenues: 58104 Fireplace Fees 58211 Developer Reimbursements: 58999 Sheriton Mountain Vista Rebate 58000 Total Other Revenues Other Sources: 59201 Transfer In from Other Funds 59000 Total Other Sources $ 2,500,000 $ 8,548,204 $ 8,548,204 $ 2,500,000 8,548,204 8,548,204 171,290 2,130,488 200,000 25,000 200,000 10,000 25,000 200,000 10,000 25,000 2,526,778 235,000 235,000 250,000 250,000 250,000 250,000 250,000 250,000 9,000 65,000 1,300,000 9,000 9,000 1,374,000 9,000 9,000 486,559 1,230,000 1,230,000 486,559 1,230,000 1,230,000 50000 TOTAL REVENUES $ 7,137,337 $ 10,272,204 $ 10,272,204 $ Page 2 1 CIP Projects Inventory Project Expenditures N + C N Total Project Budget N N R) E o 0 avi "g C a> O a` N (5co to N N • U Q v N O a O C d U co co (U N• 3 C C x N • N O W 0- .6 CO O 0 V 0 CO • N • C N to • rp it a m N • N R `O (U (D . O 0 a Description O U 7 Q Z CAPITAL IMPROVEMENT PROJECTS co 0 (L 0 CD C�) b9 O O O ((0 o O n co O 0 0 0 0(.10)(000 0 Ili O o co I') (t) N CO (D M M Cl) 69 0 h N 0 0 0 0 O M O O O O 0 Ili ai 0 0 (0D (0D o (() N (f) CO M CO Cl) 69. 0 h N O 0 0 0 O M O) (O O O 0 h ▪ O M 0 CD (D M U) N CO CO M vi b9 O) 3 M O M b9 C O O 2 C O N a. (6 w C LL c m Q 0 �p a d :U C (6 2 Cl) 0 0 0 0 0 0 0 (D 0 0 0 M 0 M co co Cl) O 0 00 00 0 00 0 0 0 0f) ( 0 0 M LO ( N- N- 0 M N 0 Tr O CO Cl) U)) LL a LO O J N 41) (0 co T U (C LL C N U C 0 0 a N C (6 H CO La 0 O 0 Cl) Q Recreation Center Phase II Design Land and Land Improvements: O M Wildridge Parks Program Roads and Streets: 0 0 0 0 00 0 0 0 O to M N (D 0 00 0 00 0 0 0 O 00 tD M estN CO 0� O O ci LO ((Y C 0 0 0 0 0 0 (0f) O (O 00 0 0 N O CO CO O O M O CNl) 000 M Cl) CO00 0 0 0 0 'f) 0 ID 0 0 0 N CO N- 0 M O M CO M M O 0 00 0 o O O (D O (D O N N N (D oi 0 • O O M 0 M 0 0 0 0 0 0 NCC _ N N 00 0 0 0 0 (V N N CO 0 00 O N N N ' NO_ c O co Eaglebend Dr. C 0 N O • a U v 0 T t0) • N • •O L 0) J 0 CO 0 0 0 Street Improvements: Town Center West/Mall: 00 0 0 0 0 CCO M 0 CO 0 0 M O h 0 0 0 CO (D 0 (D O 0 M co g 0 Tr' h O CV LO N (V Q N M N Investment Plan Implementation O C .C p) O 'a 3 O • CC c c N • N C "'- c cm U y Q U ix 16 rn C a y ` N • E U s • ai cts_2 to co • 5 Roundabout #4 Conversion h 0) 0 N 00 00 0 0 0 Cl)CV CV CV CV LO M M M M O O O O O M 0 O 0 M E. Beaver Creek Blvd. Improvements 0 O it Z C M O LPL Z ci L = Qa co V CIP Projects Inventory Project Expenditures C a) a) O Total Project Budget O O N u) (6 + a) 7. 47. v. X H W C 15 co m o O V O O N U o0 aa) N C N V. a C CO 0 O N Project -to -Date o) O O V O CO N u, o m a` C O Q N 0 O U c Q z CAPITAL IMPROVEMENT PROJECTS 0 O O tri o O O O O 0 0 0 0 O CO O O 0 0 0 0 0 OO O O O O O O O O O O O O 0)0 00 O O O O OOOOO O O O O O O O c; co" to" N O O u) n )U) N 0 M O) N M N CO O (D LO N Cr) (O N h sr M M 0 sr N O OO 0O 0O 0 0 OO O O O o O ID n OO)) N COD M N Cr) CO. N U) 0 0 O O N ' M C` O O OO 0 0 0 0 0 0 0 O (6 N O O M CO COO � N O O 0 0 0 0 O CO o O 0 0 0 0 0 O O O O O O O O O O O O O O O o ChOOO O O O .- O O OOOOO u7 O O u7 O O O O O(O(OOO Lo M U N n M O F (+)CMNOCO CD LO N N ' O 0 0 0 0 O " O 0 0 0 0 0 O) oO g o o O O 0 0 0 0 0 o O o O O 0 0 0 0 0 o u) ui ui o 0 0 o 0 o 0 0 Cr) O N CO C1) O) O OCr) Cr) O N LO N 0 0 0 0 0 O 0 0 0 0 ui 0 ui ui Cr) N (D M O OO O OO O O O N w C a) a) co C > a) O > o -O a m E efc- y v) a) C U m a 3 0 C O C N 2008 Paving/Road Improvements CO OO O O CO CO CO CO T a O 2 as a`) (0 O 2 U) C a) E O a. E C (0 To a) a a O J a) O) v_ a_ (.4 C a) a. co O E co co y 8 U Q Q C la0 a) v, O) _ a) m E a O a Q a) CO .- N OO O O Wildridge Trails Program Waste Heat Recovery System Study w/ ERWSD Recreation: h OO 0O 0O 0 0 0 0 0 0 0 0 Oa) o O O(O N LO M M M N O O) O o O u) O O CD O O N CO O ' N ' 0 uiLO v ri N M m `O C a o co to C C E a w o as N L Q O O c co E E k a) a) Ch W W RICD Water Rights Acquisition N CO CO O O O O O O )C) u) O) Stormwater and Drainage: I Metcalf Road Drainage Water Rights Acquisition g ID CD ID O OO 0 0 To- CO CO g Drainage Master Plan a) rn a 9 it : � r C O LL Z N +- W Ti co E Q. co U CIP Projects Inventory Project Expenditures Total Project Budget ,p N N + • H co + y ce N v H N a) O c a` N U V .N^. C N lLtt C O Project -to -Date V G) O O. O a` C C.) N N 7 V C N X W ; CO O) O V O 3 N CO ) CO O O V O N CO 0 O) O V O 3 N CO ▪ co co O al O C O 0. U N N O C a`> 3 a E Q z CAPITAL IMPROVEMENT PROJECTS N > V C N y C C C C Q C (6 N E o a o +r >) (o a) Cl) O O o O o O 6 Ni U M O O O O O O O O O 0 0 0 0 0 CO O O O O O CO. O O M o O U) (() O) U) (() co O U) N 0 0O 0O 0O 0O 0 0 O0 0 0 0 0 CO O O o ao 0 o ri (O (O O Lo to co co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 CO O O O (O N to P P O O O)) O O (O ri O O M 1- N O I O I • O O O O O 00 O (On (On O 0 rA N O O O (On 0 0 N 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O G. u) w ((O Ui ui N- N Sri o ri N (O M (O Confluence / Westin Riverfront Resort O The Gates at Beaver Creek Sheraton Mountain Vista Cottonwood PUD Folsom PUD Orion Development (n (O CO O) O O O O O OOOOE) O O 0 Planning and Consulting: 2007 General Planning and Consulting 2008 General Planning and Consulting East Avon Redevelopment (Master Plan) , p , I Nottingham Park Master Plan Housing Needs Assessment Public Works Master Plan O CO 0 0 •0 0 O O) O O n 0) 0)N. Comprehensive Transportation Plan Unified Land Use Code Revision Communications: Media Improvement Project to O O) r C • O LL Z CA d e 'O g co E a a co U CIP Projects Inventory Project Expenditures a U) N N + yv r LL C a) Total Project Budget V a) a) E y W V V N a) v a) CL O O o Q' a M Project -to -Date N (6 • � U U Q V a) N a 0 Cl. C N U N `) 7 C 0. x w N CO O O V O N m ID ID n N C > -p 0 v Cl a) m N V C CC) O O N O ($ d U C O a CA N U W 0 a H 2 W 2 W 0 a 2 J d r v O O O O O O O O O O O O O O O O o N N N O M N to • N • N 0 0 0O OO O OO O O O O v i CV N N N O C• COO N U) In C"I 0 0 0 f° 0 O OO O O CO O id id id N N N CC0 CMO N N In N COo 0 O O NN O CV C.) 2006 Historic Analysis Study 2007 Historic Preservation O O O O 0 N CO COO O O N- 0 n 03 0 O 0 N- n 2008 Historic Preservation CO r- co co-) co-) co-) 0) 0) 0) Developer Rebates and Capital Contributions a) m M CO CD CO O O) Ei 0� CO CO NO n v Sheraton Mountain Vista N C O 7 a C O U T0 a. m U Westin Riverfront Resort Westin Riverfront Resort - Interest N O O O O O O ONCV CV ) O)) 0)) Tr - Vi CD N Cc) M N N- Total Capital Improvement Projects co a) O) m a. II Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Media Team - Scott Wright, Patty McKenny, Becky Lawlor, and Cindy Kershaw Date: May 13, 2008 Re: Media Improvements for Town Council Meetings Summary: This memorandum is intended to present to Council a media improvements package for Town Council meetings and other meetings and events the town may want to film, broadcast and provide access to via the web. Background: The current Town Council audit and video system has not had the functionality quality as the Town Council and staff had hoped for. The current video recording system, Digitron, has turned out to be more of a surveillance system rather than a production quality video recording system. Therefore, it has not been useful for Channel 5 or for other town media purposes. However, the Digitron cameras can be added on to the existing Digitron system at the Recreation Center for surveillance and a new video recording system can then be installed in Council Chambers. Discussion: The first component researched was the Council Chambers audio set up. It is believed, at this time, that the audio is fine and that the sound problems can be fixed by an improved video system and by training staff to speak directly into microphones. If the audio doesn't improve after these measures are taken, the next step would be to look at replace some or all of the microphones, but it is not anticipated that we would need to replace all of them. After researching video recording options for the Council Chambers, town staff has agreed that the Toastmaster video system would be the best system for our purposes. Input from Channel 5 concurred that this system would best meet both our needs and their needs. It is very user-friendly, compact, portable and includes four cameras with as many preset options as desired. It was discussed that for Town Council meetings, Channel 5 would run the Toastmaster instead of using their own recording equipment. This way staff time does not have to be used to record and Channel 5 can edit as it is filming, which will save them time as well. Another component of an improved media package for Town Council meetings is the ability to web stream meetings. At the first of this year, Eagle County announced that they will begin offering web streaming as part of ECO TV (Channel 16) using Granicus software. The Town of Avon will be given its own "web channel" and town council meetings and other video recordings will be posted there. This is a free service that we will be able to utilize once a new video recording system is in place. We cannot utilize it at present with our current video recording system. Currently, if you do not have cable TV, you are unable to view town meetings. Web streaming Town Council meetings would give everyone in the town access to our meetings on a 24/7 basis, While the ability to web stream through Eagle County's ECO station is exciting and we can link to the TV station from our website, there is also the opportunity for us to have our own web streaming capabilities and to have the videos link to our Town Council Agendas so that users can click on a specific agenda item and be taken directly to that point in the web stream video. The software for these features would be provided by Granicus. Financial Implications: Replacing the video equipment in Council Chambers was not included in this year's budget and will require a budget amendment. There is approximately $10,000 in the Community Relations budget for web site improvements and this amount can be applied toward the Granicus software. Associated annual maintenance and service costs will be included in the general fund's final revised 2008 budget. In addition to the amounts listed on the proposal from Toastmaster and Granicus, the IT Department has estimated that an additional $1,000 is necessary to install cabling for the Toastmaster system and an additional $2,800 for hardware to run the Granicus software. There will also be an additional labor cost for Digitron to reinstall the cameras at the Recreation Center during the remodel approved for this year. All costs have been included in the cost estimates listed below. Exhibit A contains only the Toastmaster and Granicus proposals. Option I: Video replacement only (can web stream via ECO TV) Toastmaster System $ 28,995 Cabling 1,000 Re -installation of Digitron Cameras at Rec Center 1.000 Total $ 30,995 Associated annual costs: (Optional) Annual Tech Support $ 1,329 (Optional) Current Software Download Subscription 300 Total $ 1,629 Option II: Video Replacement, Town Web Stream Capabilities & Agenda Software Toastmaster System $ 28,995 Cabling 1,000 Web streaming & Agenda software 9,628 * Hardware Costs 2,800 Re -installation of Digitron Cameras at Rec Center 1,000 Total $ 43,423 *This amount can come from Community Relations 2008 budget for website improvements. Associated annual costs: (Non -optional) Web streaming annual service cost (Optional) Toastmaster costs $ 7,154 1.629 Total $ 8,783 Timeline: If Council approves purchasing the Toastmaster system it will take approximately 15-30 days to have it up and running for Town Council meetings. If the Council approves the Graniucs software for webstreaming and agenda links, it will take approximately 2-3 months to have full webstreaming capabilities. Recommendation: It is staffs recommendation that Council approve Option II, which includes both the Toastmaster and the Granicus webstreaming software. • Page 2 1� Attachments: Exhibit A: Toastmaster and Granicus Proposals Town Manager Comments: • Page 3 lb( 800 Parker Square Suite 200 • Flower Mound, TX 75028 • 888.894.7874 • rushworksmedia.com Automation System Proposal ToastMaster TAPELESS Meeting & Event Production System prepared for Becky Lawlor TOWN OF AVON March 13, 2008 QtY Description TOASTMASTER Digital Production System (4 camera PORTABLE) 3U Quiet Chassis; Core2 DUO 1.86GHz 2GB DDR (RAM) Windows XP Pro SP 2 2 x 320GB HD (approx. 75 hrs MPEG-2 © 8Mb/sec) mirrored DVD-RW (-1+) Keyboard/Mouse 10/100/1000 Ethernet 4x USB 2 x IEEE 1394 (FireWire) 4 x COM port / VGA / parallel port TOASTMASTER hardware/software configuration SX-84 AV I/O panel TOASTMASTER PTZ camera control module 19" LCD monitor 19" rack mount 4 x 4" LCD camera monitors w/switcher tally 4 x PTZ cameras: serial control; 26:1 optical zoom Camera Control Joystick RUSHWORKS RTE -500 real-time MPEG-2 encoder w/Web streaming Portable Pop -Up Case with wheels/pull-out handle (19" LCD/4x4"LCD) Portable Pop -Up Case with wheels/pull-out handle (computer and BOB) Portable Case with wheels/pull-out handle (4 cameras) 500' Belden 7912A Siamese camera cable (RG6/CAT5) 4 x Portable Camera Stands with Camera Mounting Plates Note: Cable runs to each camera position are the responsibility of the Town of Avon. RUSHWORKS will terminate cables and mount cameras. Terms: 50% with Purchase Order; balance due prior to shipment Systems generally available for shipment 10 business days after receipt of Purchase Order. Unit Price TOTAL $26,580 $26,580 Annual System Assurance Plan (ASAP) first year included SUPPORT: 24/7 Email • Phone • Workstation Access $1,329 SOFTWARE: Current Software Download Subscription $300 (Renewable yearly) SubTotal $26,580 Installation & Training $1,200 Sales Tax *Shipping & Handling $199 Travel Expenses $1,015 TOTAL (add 2% for AMEX transactions) 'UPS Ground $28,995 1�J granicus 1/24/2008 To : Town of Avon Becky Lawlor Community Relations Officer Via email Becky, I would like to thank you for taking the next step in improving public access and meeting efficiency. Together, we can make sure you have the solution that meets your organization's specific needs. We look forward to assessing where you are at today, showing you what is possible and determining where you would like to go with respect to public access and public meeting management. Ultimately, it is our goal to bridge the gap between where you are at today and where you would like to go with our software, professional services and infrastructure. The following proposal represents a guarantee. When you receive a proposal from Granicus, we promise to perform enough due diligence such that we will deliver your solution on -time, on budget and with no surprises. Very Kind Regards, Michael Osuna South Central Regional Director Granicus, Inc. Granrcui Inc. • $68 Toward Street. Ste 300 II San Francisco, California. 94105 ■ 415-3S/-3618 ■ www.Jranrcus.com 1 Proposed Solution Pricing Software Modules MediaManager MinutesMaker (1 Meeting Body ) Outcast Encoder (1 License ) Sales Tax 0 % Software Subtotal Professional Services Software Installation and Configuration On -Site Training (3 Days ) Phone/Web Training (2 Hours ) (1) - Document Template (1) - Player Template (1) - View Template Sales Tax 0 % Professional Services Subtotal $1,500.00 $750.00 $150.00 $0.00 $2,400.00 $352.50 $5,400.00 $300.00 $225.00 $225.00 $225.00 $0.00 $6,727.50 Granicus, Inc. ■ SU Iluwartl Street, Ste 340! San Frii Cisco, California. 9105 ■ 41S -3S/ -3G18 ■ www_yranrcus.conr Proposed Solution Pricing Hardware Components (May be provided by Town) (1) - Osprey 230 Video Capture Card (1) - Foot Pedal Sales Tax 0 % Hardware Subtotal Shipping $450.00 $0.00 $0.00 $450.00 $50.00 Total Up -Front Software, Professional Sery Total Sales Tax+ 0 % $0.00 ices & Hardware $9,627.50 Total Monthly Managed Services $569.16 This Proposal was generated by Michael Osuna of Granicus, Inc. on 1/24/2008 and it expires on 7/24/2008. Price and hardware model are subject to change after 90 days without prior notice. Additional sales tax may apply depending on your organization's tax status and the tax laws unique to your state, county and/or municipality. Cranicui, Inc. a SW Howard Street, St 300 a San Francisco, California, 9410S • 41S -35,-3G18 a s•rvwcgranrcus.corn HEART of the VALLEY Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Manager Date: May 13, 2008 Council Meeting Re: AVON COLORADO Resolution No. 08-15, a Resolution to Adopt the Avon East Town Center District Plan Dated May 1, 2008, as Written and Attached Hereto, and Setting Forth Details in Regard Thereto Summary: The attached final draft of the East Town Center District Plan (the Plan) represents the edited version of what Council has already seen with an incorporation of the cumulative edits, comments and other input received to date on the Plan. Staff is bringing this document forward to Council with Resolution No. 08-15 for formal approval and adoption as a district plan to be used in concert with the West Town Center District planning documents and the 2006 Town of Avon Comprehensive Plan. Background: The Comprehensive Plan acknowledges the importance of district planning, and the redevelopment opportunities that exist in both the West and East Town Center Districts. The East Town Center District is recognized as a fragmented area, which lacks strong automobile and pedestrian connections. Policy C.4.1 in the Comprehensive Plan states: "Develop a detailed District Master Plan for the East Town Center District identifying parcel configurations and new automobile and pedestrian circulation alignments to increase the district's viability." In response to Policy C.4.1, and the Implementation Matrix found in the Comprehensive Plan, there was a joint work session conducted in April, 2006 with the Planning and Zoning Commission, Town Council, and interested property owners in the district. Design Workshop was contracted in June, 2006 to conduct a planning and design Charrette for this district. The Charrette concept was discussed as a `front end' discovery to a more detailed sub -area plan for the district area. Following the Open House, which culminated the week long Design Charrette, Design Workshop was contracted to complete the master plan for the East Town Center District. It became apparent during the aforementioned Charrette process that there existed a substantial level of interest in the project continuing to the next level of detail. The Planning and Zoning Commission directed Staff and the design team at the February, 2007 meeting to move forward with the alternative presented; build flexibility into the plan to accommodate obstacles to the implementation of road realignments; and to put together a sketch up model inclusive of the Town Center West District planning documents, the East Town Center Plan, and the Riverfront Village PUD. All input to date was considered within the draft plan dated September 11, 2007. At the July 31, 2007 "special meeting" (not regularly scheduled) of the Planning & Zoning Commission, Staff was directed to pursue a three-dimensional, computer generated model to depict how the properties located within the defined East Town Center District Plan might be developed under existing zoning. Following this meeting, staff brought a contract from Ago Studios to Council on November 13, 2007 for approval and signature to perform the work described above. On December 11, 2007, Chris Green, of Ago Studios, presented a completed three- dimensional model to Council at the regularly scheduled work session and compared the current draft of the East Town Center District Plan for the "recommended" massing of buildings versus what might be possible under existing zoning, assuming design approval has been granted to maximize all allowable development standards under existing zoning. Over the past several months, Staff has been editing text, replacing images, and reformatting the document in order to maintain a high level of quality comparable to the Town Center West planning documents and the 2006 Town of Avon Comprehensive Plan. Staff Recommendation: Staff recommends the Avon Town Council approve Resolution No. 08-15 as written and attached hereto. Town Manager Co ; ments: Attachments: Resolution No. 08-15 East Town Center District Plan, Final Draft, May 1, 2008 East Town Center District Plan / Final Draft, Hearing Date: May 13, 2008 TOWN OF AVON RESOLUTION NO. 08-15 SERIES OF 2008 A RESOLUTION ADOPTING THE EAST TOWN CENTER DISTRICT PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the 2006 Town of Avon Comprehensive Plan recognizes the 'East Town Center District' as a key revitalization prospect for the community, with significant redevelopment opportunities; and WHEREAS, the 2006 Comprehensive Plan Implementation Matrix lists Policy C.4.1: Develop a detailed District Master Plan for the East Town Center District identifying parcel configurations and new automobile and pedestrian circulation alignments to increase the district's visibility; and WHEREAS, the Comprehensive Plan designates the East Town Center District as a High Priority for the Town, and the Plan includes several Goals, Policies, and Planning Principles relative to the implementation of a detailed District Plan; and WHEREAS, in July of 2006 the Town held a five day Community Charrette, where numerous stakeholder groups, property owners, and citizens were given a chance to help develop a vision for the East Town Center District; and WHEREAS, the Planning & Zoning Commission is appointed by the Town Council to make and recommend plans for the physical development of the Town, subject to the approval of the governing body; and WHEREAS, the Planning and Zoning Commission reviewed the East Town Center District Plan and on July 31, 2007, made a unanimous recommendation for approval to the Town Council; and WHEREAS, the Town Council has reviewed the attached East Town Center District Plan ("Exhibit A") as prepared by Design Workshop, and revised by Town Staff; NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby approves and adopts the East Town Center District Plan, dated May 1, 2008 (Exhibit A). ADOPTED THIS DAY OF MAY 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk F.•ICouncillResolutions120081Res 08-15 East Town Center District Plan Adoption.doc District Plan May 1, 2008 District Plan Avon East Town Center May 1, 2008 Town Council Ron Wolfe, Mayor Brian Sipes, Mayor Pro Tem Richard Carroll, Councilor Dave Dantas, Councilor Kristi Ferraro, Councilor Amy Phillips, Councilor Tamra Nottingham Underwood, Councilor Planning and Zoning Commission Chris Evans, Chairman Phil Struve, Secretary Julia Foster, Commissioner W. Todd Goulding, Commissioner Christopher Green, Commissioner Andrew Lane, Commissioner Scott Prince, Commissioner Community Development Department 970-748-4030 Town of Avon PO Box 975 Avon, CO, 81620 Prepared By: DESIGN WORKSHOP 970-925-8354 120 East Main Street Aspen, Colorado 81611 www.designworkshop.com Chapter 1: Introduction .........1 District Plan Intent .........................................1 Relationship to Town-Wide Plans ...........2 District Description ........................................3 History ..............................................................4 Planning Considerations ..............................5 Plan Development ...........................................7 Charrette ..........................................................8 Alternatives ....................................................10 Chapter 2: Physical Plan .....11 Illustration .......................................................11 Summary of Planning Principles ...............12 Sustainable Design ........................................13 Land Use ..........................................................16 Pedestrian Circulation ................................29 Vehicular Circulation .................................33 Parking ............................................................39 District Character ........................................43 Views ...............................................................48 Chapter 3: Implementation 52 Partnership ....................................................53 Public Improvements ..................................54 Revenues ........................................................55 Private Investment .......................................56 Key Redevelopment Areas .........................57 Central Plaza .................................................58 Realignment of Main Street ......................59 Realignment of East Beaver Creek Blvd .60 Conclusion ......................................................61 TABLE OF CONTENTS Avon East Town Center District Plan List of Graphics: District Location Map .................................2 Age of Existing Buildings ............................4 Alternative District Layouts ......................10 Plan Illustrative .............................................11 District Land Use Areas ..............................16 District Land Use Areas ............................. 17 Residential Street Rendering .....................19 Existing Residential ...................................20 Proposed Residential ..................................21 Existing Commercial Use .........................24 Proposed Commercial Use .......................26 Proposed Land Use by Floor Level .........28 Existing Pedestrian Circulation ..............30 Proposed Pedestrian Circulation .............31 Walking Distance .......................................32 Existing Vehicular Circulation ................34 Proposed Vehicular Circulation ..............35 Typical Residential Street .........................36 Typical Boulevard .........................................37 Typical Mixed Use/Retail Street .............38 Existing Parking ..........................................40 Proposed Parking .........................................41 Parking Entrances .......................................42 Massing Model ............................................46 Avon Built Form Diagram ..........................47 Proposed Views ...........................................50 View of the District Rendering .................51 Key Redevelopment Areas ..................57-60 Page Intentionally Blank Avon East Town Center District Plan1 Dramatic changes to Avon began in 2005 and 2006 when plans such as the redevelopment of The West Town Center District, the Transit Center, and Riverfront Village were forming. It became clear that this was also the time to plan for the transformation of The East Town Center District. Revitalization would contribute to the enhancement of the overall character, circulation, community services, and economic viability of Avon. The intent of The East Town Center District Plan (The Plan) is to guide public and private redevelopment projects in the East Town Center District. This document, in conjunction with Avon’s Comprehensive Plan, will be used as a decision-making tool by the elected and appointed officials, as a visioning tool for landowners and developers, and as a guide for future capital improvements in The East Town Center District. The implementation of The Plan will likely occur over a long period; however, redevelopment may take longer for certain properties. The rate of redevelopment will be driven primarily by private landowners. If the Town wishes to increase the pace of implementation, there are several tools at its disposal. These tools include regulatory and economic incentives as well as partnership with local landowners. This District Plan describes the events leading to the formation of this plan, analyzes the opportunities and constraints of redevelopment, identifies proposed changes, and proposes implementation. The massing diagrams, figures showing building footprints and calculations, aid in describing the vision for the overall District and in showing the comprehensive impact of these planning principles. Alternative building shapes will be considered if they meet the intent of planning principles. DISTRICT PLAN INTENT CHAPTER 1: INTRODUCTION View of the East Town Center District from Interstate 70. Construction underway throughout Avon, including the gondola within The West Town Center District, is an indication that planning the redevelopment of the central core is necessary to contribute to the continued vitality of the Town. The Plan is not intended to prescribe the physical form that individual property owners must create, but rather it is intended to provide guidance with general planning principles. Avon East Town Center District Plan2Avon East District Plan22 Avon East Town Center District Plan 2 This District Plan works with the following documents to describe a vision, define goals and policies, and set a course for implementation of The Plan: Town of Avon Municipal Code1. Town of Avon Residential, Commercial, and Industrial 2. Design Review Guidelines Town of Avon Comprehensive Plan3. West Town Center Investment Plan4. Town Center West Area Urban Renewal Plan5. Avon Housing Needs Assessment6. Anyone interested in knowing more about the future of the East Town Center should become familiar with all of these documents. INTRODUCTION RELATIONSHIP TO TOWN-WIDE PLANS Inte r s t a t e 7 0 WEST TOWN CENTER THE VILLAGE AT AVON NORTH EAST TOWN CENTERRIVER- FRONT VILLAGE NOTTINGHAM STATION Av o n R o a d Riv e r Railr o a d The Community Development Staff is available for questions regarding The Plan and can be reached at: Town of Avon PO Box 975 Avon, CO 81620 (970) 748-4030 info@avon.org Documents can be found online at www.avon.org The East Town Center District is located in the commercial core. Avon East District Plan3Avon East Town Center District Plan 3 DISTRICT DESCRIPTION Avon has traditionally been the gateway to Beaver Creek Resort, serving as a bedroom community for Beaver Creek and Vail employees and as a service provider for the two resorts. The East Town Center District’s retail character fits this role, with an emphasis on providing service and retail options that are unavailable at the resorts. Further east of Avon’s existing East Town Center District is the Village at Avon PUD. The Village at Avon has entitlements to develop 2,400 dwelling units and 650,000 square feet of commercial development on 1,790 acres. Wal-Mart and Home Depot, located approximately one mile to the east, are the major anchor tenants of this regional shopping destination. The West Town Center District, on the west side of Avon Road, provides retail services, residential, lodging, civic buildings, and a public park. The Riverfront Village, currently under construction, includes a resort, spa, and vacation residences. Nearby Nottingham Station contains convenience retail and condominiums. The East Town Center District is bounded by 1-70 to the north, Avon Road to the west, and railroad tracks to the south. To the east, The East Town Center District is separated by undeveloped lots that form the western-most portion of the Village at Avon. This Plan was created to work in concert with the surrounding areas and existing development plans. Of the 37 acres of land that comprise The East Town Center District, approximately 8.5 acres are public road right-of-way, 1.5 acres are open space that buffer Avon Road and the railroad tracks, and 12.2 acres are at-grade parking or vehicular access drives. Therefore, approximately 56 percent of The East Town Center District is covered by paved surface designed for vehicular use. The primary land-use in The District is retail and office with approximately 358,000 square feet of existing commercial space (8.22 acres) and 390 condo units. INTRODUCTION INTRODUCTION The Westin Riverfront Village is a key anchor of the West Town Center. Guests at the Village will increase shopping and pedestrian traffic in both the West and East Town Centers. The East Town Center District currently contains a large amount of at-grade paved parking. This land could be better utilized for other uses and parking could be built underground. Avon East Town Center District Plan4 The buildings within the District were constructed between 1975 and 1999, the majority of which were constructed in the 1980s. HISTORY NORTH By 1972, Vail had become one of the top destination ski resorts in the country, causing development pressure to mount “down valley” in Avon. One branch of the Nottingham family sold its controlling interest in the family ranch to Benchmark Companies. The Town of Avon was incorporated shortly thereafter on February 24, 1978. Later that same year, the Town adopted the official town plat, Benchmark at Beaver Creek, Replat No. 4. This plat includes all of the properties in The East and West Town Center Districts. After ten years, in 1988, Avon had a permanent population of 1,500 people. There have been several changes since the original Benchmark Subdivision. For example, the Christie Lodge property was originally five platted properties and was later consolidated into one. Beaver Creek Place was platted (on the Benchmark at Beaver Creek Subdivision) as a cul-de-sac road but was later turned into a loop connecting with Beaver Creek Boulevard. Chapel Place is a fairly recent connection through The East Town Center District. INTRODUCTION Avon East District Plan5Avon East Town Center District Plan 5 Below is a summary of current and existing conditions considered during the planning process: LAND USE • The Town Comprehensive Plan recommends an increase in residential uses in The East Town Center District. Due to current low-density development patterns, there are opportunities to accommodate this goal. • The East Town Center District does not promote pedestrian access nor does it contain housing opportunities. • The East Town Center District includes, or is in close proximity to, existing anchor uses such as the grocery store, post office, library, recreation center, and local businesses. • The multiple retail areas within the town make it difficult for Avon to establish a singular image or presence in the eyes of the full-time residents, as well as second homeowners and visitors. • The retailers and restaurants (both chains and locally owned) tend to be positioned at the middle tier of the market in order to attract full-time residents. This focus limits its attractiveness to higher-income markets. • The numerous professional service providers located in The East Town Center District generate retail business during the day, but fail to generate activity in the evenings. • The retail mixes within The East Town Center District are missing key elements such as entertainment uses and a variety of retail options, as well as certain grades of office spaces. PEDESTRIAN AND VEHICULAR CIRCULATION • Pedestrian circulation is improving throughout Avon with the addition of a transit station, gondola, and many redevelopment projects surrounding the District, but remains confusing and disconnected. • The rail corridor is planned to serve as a transit/trails corridor in the future. • The transit center located in the nearby West Town Center District provides service to the entire valley. • Poor connections between multiple retail areas within the town discourage people from taking combined trips (“park once, shop many”). • The street pattern in The East Town Center District is confusing, has diminished sight corridors, lacks a hierarchy, and does not entice people out of their cars to experience the entire Town Center. • The separate highway interchange for the Village at Avon increases the separation between the Village at Avon retailers and The East Town Center District. PLANNING CONSIDERATIONS INTRODUCTION The street pattern in the East Town Center District is confusing and does not entice people out of their cars. The new Avon Station, a multi-modal transportation center, in the adjacent West Town Center District has helped to improve pedestrian circulation throughout Avon. Avon East Town Center District Plan6 PARKING • The town ownership of a portion of the central parking area allows for redevelopment and creation of a central plaza. • Large expanses of parking allow for phased redevelopment. • The District has a lack of on-street parking and more is needed. DISTRICT CHARACTER • Redevelopment potential in The East Town Center District provides opportunity for developing a complimentary architectural character consistent with the town’s Design Guidelines. • Development currently underway in areas surrounding The East Town Center District allows for a comprehensive approach to town planning. • Views of the surrounding mountains make The East Town Center District a unique place and provide important view corridors. Without specific attention paid to the views, they are in danger of being blocked by redevelopment. • The current construction quality does not suggest long-term sustainability of the buildings. IMPLEMENTATION • Given proper incentives, most existing property owners are more likely to support the redevelopment plan. • Development occurring in areas surrounding The East Town Center District and new access to Beaver Creek via the gondola are raising property values and interest in living in the East Town Center District. • Current development standards (e.g., parking requirements, setbacks, lot coverage) discourage redevelopment. • The Town owns strategic parcels, which are key to redevelopment. PLANNING CONSIDERATIONS INTRODUCTION Currently, the East Town Center has excellent mountain views throughout. It is important as redevelopment occurs to protect key view corridors. The new Riverfront Gondola, which provides direct access to Beaver Creek Resort from Avon is increasing property values and makes Avon a more appealing place to live for residents as well as second homeowners. Avon East Town Center District Plan 7 A successful master plan could not be crafted without input, support, and buy-in from the community, property owners, business managers, Town of Avon staff and elected officials, and service providers. Throughout the process, meetings were conducted involving an array of stakeholders interested in the design process. Conceptual options were developed and evaluated. A five-day charrette kicked off The East Town Center District Plan process in July 2006. Stakeholders, including representatives from nearly every property in the District, were interviewed. The charrette concluded with an open house attended by nearly fifty participants. Four concepts for The East Town Center District were developed during the week and unveiled for comment at the open house. The concepts illustrated a variety of alternative circulation patterns, redevelopment opportunities, and central- plaza designs and locations. In November 2006, the Planning and Zoning Commission gave direction on how to proceed with a refined alternative, modifying Alternative Three (see page 10). The refined alternative was presented at a January 2007 open-house meeting. The refined alternative illustrated input from the Planning and Zoning Commission, direction from the market investigation, and additional design details. Most of the property owners in The East Town Center District attended the meeting and supported the refined alternative. Several landowners are integral to the implementation of The Plan and efforts have been made to encourage their cooperation and coordination on design visions and implementation. PLAN DEVELOPMENT INTRODUCTION Property owners, town staff, and members of the general public provided input regarding the conceptual design diagrams at the charrette open house. Key stakeholders provided their thoughts regarding opportunities in The District. INTRODUCTION Avon East Town Center District Plan8 CHARRETTE INTRODUCTION Quick drawings were produced in the charrette to examine elements such as: • continuation of Main Street • land uses • massing and form • open-space relationships • architectural character • sreetscape improvements • circulation and transportation • parking Development Concept Diagram Circulation Diagram SECTION HEADER Avon East Town Center District Plan 9 CHARRETTE INTRODUCTION Based on public comments, a perspective sketch conveying conceptual massing and street character was developed during the charrette. Building character drawings illustrate possibilities for the future of The District. Comments from stakeholders that contributed to the architectural character developed include: • natural materials • human scale • contemporary style • covered walks • articulation • evolution to more urban architecture • slightly different than the West Town Center • allowance of green roofs Avon East Town Center District Plan10 ALTERNATIVES INTRODUCTION Alternative 1 Alternative 2 Alternative 3 Alternative 4 Four alternatives resulted from the charrette. Based on comments from the attendees of the charrette open house and the Planning and Zoning Commission, Alternative Three was chosen for further refinement for the following reasons: • it provides two access points off Avon Road through The East Town Center District; • it has a straight main street ending in a plaza; and • it moves Beaver Creek Boulevard north of the Christie Lodge, thereby incorporating a redeveloped Lodge into The East Town Center District concept. SECTION HEADER Avon East Town Center District Plan 11 ILLUSTRATION This chapter analyzes the existing conditions and describes the proposed Plan. The vision for The East Town Center District is conveyed through the following planning principles: • sustainable design • land use • pedestrian circulation • vehicular circulation • parking • district character • views • implementation CHAPTER 2: PHYSICAL PLAN Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. I-70 E. Beaver Creek B l v d . Chap e l P l a c e Main Street A v o n R o a d Beav e r C r e e k B l v d . Bea v e r C r e e k P l a c e . New C o n n e c t o r S t . City Market Chapel Square Village at Avon NORTH Avon East Town Center District Plan12 INTRODUCTION SUMMARY OF PLANNING PRINCIPLES SUSTAINABLE DESIGN 1. Utilize green-building practices. 2. Create environmentally superior development. LAND USE 3. Provide a mix of uses, including commercial, residential and lodging. PEDESTRIAN CIRCULATION 4. Ensure that pedestrians have safe and convenient access throughout The East Town Center District. VEHICULAR CIRCULATION 5. Maintain at least two access points from the west and east side of The District. 6. Maintain a dispersed circulation pattern through The District. 7. Create quiet, residential-scale pedestrian streets. PARKING 8. Provide on-street parking. 9. Minimize the impact of off-street parking lots. 10. Provide de-centralized parking garages. DISTRICT CHARACTER 11. Ensure the architectural character of The District complements the character emerging in The West Town Center District. 12. Ensure that buildings with mid-size retail uses fit the character of the area and support a pedestrian-friendly experience. 13. Encourage a high level of site planning and design to maximize public and semi-public pedestrian spaces. 14. Maximize solar exposure. 15. Define the plaza and other key pedestrian areas by framing these spaces with buildings. VIEWS 16. Maintain key views to and from The East Town Center District to provide visibility, orient people to their surroundings, and define the character of the spaces. IMPLEMENTATION 17. Focus municipal involvement on actions that produce the most public benefit. The following Planning Principles are explained in detail in each section. They communicate the vision for The East Town Center District, guide redevelopment, direct future capital improvements, and build expectations of the future changes to the District. Creating buildings that utilize green- building practices and reduce the environmental impacts of development are strongly encouraged. This type of on-street parking could be developed in the East Town Center District. Avon East Town Center District Plan 13 SUSTAINABLE DESIGN PLANNING PRINCIPLES 1. Utilize green-building practices. • Strongly encourage all new buildings to be LEED (Leadership in Energy and Environmental Design) certified with an emphasis on: - alternative energy - energy efficiency - stormwater management - water efficiency - renewable, recycled, and/or local materials 2. Create environmentally superior development. • Promote LEED Neighborhood Development standards with an emphasis on: - reduced automobile dependency - compact development - diversity of uses - diversity of housing - housing and jobs proximity - reduced parking footprint - walkable streets - access to surrounding vicinity - access to public and active spaces - solar orientation - infrastructure energy efficiency - recycled content in infrastructure - wastewater management - waste management The Planning Principles throughout this document will ensure that many of the LEED Neighborhood Development standards will be accomplished with the redevelopment of The East Town Center District. The Avon Town Center Design Guidelines also promote sustainable design practices. Visit www.avon.org for a copy of the Design Guidelines document. Avon East Town Center District Plan14 • Expand residential uses within The East Town Center District and create a comfortable environment for residents to live within. • Consider views, solar exposure, noise, and proximity to amenities when locating residential uses. Upper floors should primarily be used for residential space. • Ensure that affordable housing is integrated into The East Town Center District. • Expand and create housing options that strengthen full-time residency. Target households earning between 120 percent and 160 percent of the area median income (AMI) or the current Town Council directed AMI range. • Give preference to units with higher occupancy rates to reinforce the year- round vitality of The East Town Center District. • Allow first- and second-floor retail spaces (with internal circulation between the two levels). The second floor is encouraged to be considered flexible retail spaces allowing residential or office in addition to retail uses. This flexibility would allow mid-size retail spaces to either gain additional square footage or use the second level as increased floor to ceiling ratio. • Encourage land uses that create an extension of transit-oriented development of The West Town Center District. Much of The East Town Center District is within a five-minute walk of the new transit center and gondola. • Relate buildings to existing, approved, and planned adjacent uses pursuant to the Avon Comprehensive Plan. 3. Provide a mix of uses, including commercial, residential and lodging. PLANNING PRINCIPLES LAND USE Building articulation can express the division of uses within a structure. First floor retail space with office and residential uses above provides flexibility and increases the around-the- clock vitality of the area. Avon East Town Center District Plan 15Avon East Town Center District Plan15 LAND USE PLANNING PRINCIPLES • Encourage the continued presence of small and mid-size retailers. Plan for a minimum of three mid-sized commercial locations of 15,000 square feet to provide for the daily needs of residents as well as fill a niche in the valley. Mid-size retail spaces are under-represented in the Eagle Valley while competition for small retailers is significant. In addition, nationally known retailers to the east of the Town Center provide a desirable situation for mid-sized retailers, as they prefer to locate near anchors that generate traffic. • Avoid impairing the shopping path for retailers and create a continuous retail experience by minimizing large gaps in the retail frontage. However, small pedestrian portals are encouraged along the shopping path to improve accessibility and maintain a pedestrian scale. • Entice people to cross Avon Road by creating an attractive visual and physical connection, drawing people from one side to the other. Also, work with surrounding land owners to enhance crossings across Avon Road, connecting Main Street in The West Town Center District to Main Street in The East Town Center District. At-grade, below- grade, or above-grade crossings are all encouraged. • Focus retail commercial uses into the core of The East Town Center District, including the land surrounding the central plaza, Main Street, and a few existing anchor retailers. • Encourage quality design for spaces around and in between buildings to lessen the abundance of alleys. Mid-sized retailers can be an anchor for smaller retailers. A mix of uses with density that is convenient for pedestrians can make for a vibrant and comfortable streetscape. Avon East Town Center District Plan16 Avon East District Plan16Avon East Town Center District Plan 16 The residential and commercial land-use figures on the following pages divide The East Town Center District into four areas based on function: • Area 1 will be primarily residential with only a few buildings containing commercial uses on the lower floors. • Area 2 will continue to be destination retail with the grocery store acting as the anchor. Residential will become a component of this area, as will smaller retail uses. • Area 3 will continue to function as The East Town Center District’s entertainment area, with bars, restaurants, and coffee shop tenants that provide gathering spaces. Residential will be included on the upper floors. • Area 4 will be mixed use with retail uses on Main Street, including entertainment. Residential components are integrated in all buildings. Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 DISTRICT LAND USE AREAS LAND USE Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Understanding The East Town Center District’s current land use is an important first step to planning its future. SECTION HEADER Avon East Town Center District Plan 17Avon East District Plan This sketch depicts a concept established early on in the development of The Plan: the need to mix different uses and park space. The sketch is not intended to convey details (such as architectural features, a park amenity plan, or actual street dimensions) but to express how a compact development in the commercial core can create a lively space. LAND USE PARK PLAZA CONCEPT Avon East Town Center District Plan18 Christie Lodge City Market Chapel Square Residential land uses are limited in The East Town Center District to four parcels: the Christie Lodge, Buck Creek Plaza, Chapel Square, and City Market. The Christie Lodge is comprised of nearly 300 timeshare units. Each unit can have up to 52 owners (each week owned separately). Buck Creek Plaza includes six residential condos on the second and third floors. Chapel Square includes 69 condos above the first floor commercial. City Market includes 14 units of employee housing apartments in the second floor of the building. This is one of only two City Market buildings in the company’s entire portfolio of facilities that include employee housing. EXISTING RESIDENTIAL LAND USE Buck Creek Plaza LAND USE Avon East District Plan19Avon East Town Center District Plan 19 Increased residential use in The District is encouraged in the Avon Comprehensive Plan. The Plan provides potential for residential use in nearly every structure, resulting in a doubling of the total residential gross square footage. The Plan includes a variety of residential types, ranging from affordable housing to market rate. The market rate units could include condominiums, condo-hotel, and accommodation units. A preference should be given to units with higher occupancy rates to reinforce the year-round vitality of The District. It may be appropriate to place residence restrictions on portions of future housing to ensure permanent affordability for the local population. The second floor of mixed-use residential buildings includes flexible space. This flexible space could be commercial use or residential use, to be determined by the owner. This space may also be remodeled from one use to the other. The estimated square footage for residential and commercial uses constitutes a range to reflect the flexibility provided on the second floor. PROPOSED RESIDENTIAL LAND USE A substantial increase in residential land use is key to keeping The East Town Center District a vibrant place year- round. “Mountain living with an urban lifestyle” describes this residential district. It is a home for diverse groups of people who have one major commonality: the desire to live in the heart of the community center with a connection to the surrounding natural landscape. LAND USE Avon East Town Center District Plan20 LAND USE EXISTING RESIDENTIAL EXISTING RESIDENTIAL SPACE SUMMARY (gross sq. ft.) Total Area 1 298,000 Area 2 9,000 Area 3 - Area 4 72,000 Total Residential Space (approximate)379,000 Source: Design Workshop Chr i s t i e L o d g e Buck Creek Plaza City Market Chap e l S q u a r e Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 Existing Residential Area 1 Area 2 Area 3 Area 4 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. SECTION HEADER Avon East Town Center District Plan 21 City Market LAND USE PROPOSED RESIDENTIAL Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 PROPOSED RESIDENTIAL SPACE SUMMARY (gross sq. ft.) Total Increase from Existing Area 1 662,000 - 678,000 364,000 - 380,000 Area 2 94,000 - 115,000 85,000 - 106,000 Area 3 263,000 - 309,000 263,000 - 309,000 Area 4 368,000 - 431,000 296,000 - 359,000 Total Residential Space (approximate)1,387,000 - 1,530,000 1,008,000 - 1,151,000 Source: Design Workshop Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. The proposed residential square footage is based on the massing model and is an estimate only. Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 Proposed Residential Area 1 Area 2 Area 3 Area 4 Avon East Town Center District Plan22 The Retail Space table to the left represents the current best estimate of The East Town Center District’s tenant mix. The East Town Center District’s retail space has historically suffered from high vacancy rates, and many of the current retail spaces are in need of updating. Currently, retail vacancy is estimated at approximately 12 percent, and existing tenants are heavily weighted toward convenience retailers and miscellaneous middle-tier goods retailers that primarily target full and part-time residents. Office tenants in The East Town Center District are more diversified than retail tenants, with tenants weighted toward the finance, insurance, real estate, and construction-related categories. This is not unusual, and is a trend throughout the Eagle Valley due to the area’s economic dependency on the local real-estate market. The other category in The East Town Center District is well diversified, including a range of non-profit institutions, travel agencies, and fitness studios. Office vacancies are currently estimated at approximately 20 percent, a factor which may be related to the relative age and condition of much of The East Town Center District’s office space. EXISTING COMMERCIAL USE LAND USE The boat building is one of the few buildings in the District that is comprised of retail on the first floor and significant office space above. Existing Tenant Mix Avon East Town Center District Plan 23 The amount of space for commercial uses for existing and proposed conditions is roughly the same; however, the important principle in The Plan is to focus retail in centralized locations, make shopping in The East Town Center District convenient for pedestrians, and promote a park-once-shop-many experience. The East Town Center District will likely be redeveloped over time by individual property owners rather than by one master developer. Therefore, the proposed tenant-mix recommendations in the table to the right were formed by first identifying the existing segment areas of The East Town Center District and then improving upon current tenant patterns in these areas. The commercial mix is to stay roughly within the range of the existing commercial mix. The second-floor above ground is intended to be flexible, allowing for housing or office space. This flexibility creates a range in the amount of commercial space in The District. If none of the flexible second-floor space is used for commercial, there would be a five percent loss in commercial gross square footage (23,000 gross square feet less than existing). If all of the second-floor flex space is used for commercial, the existing commercial is increased by roughly one third (124,000 gross square feet more than existing). PROPOSED COMMERCIAL USE LAND USE Recommended Tenant Mix Flexible space (used for residential or office) was an idea that was conceived at the charrette. This illustration depicts this idea of flexibility and allows for adaptation to changing market demand or tenant desires. Flexible Space Flexible Space Avon East Town Center District Plan24 EXISTING COMMERCIAL SPACE SUMMARY (gross sq. ft.) Total Area 1 86,000 Area 2 43,000 Area 3 72,000 Area 4 139,000 Total Commercial Space (approximate)340,000 Sources: Town of Avon, Eagle County Assessor, and Design Workshop EXISTING COMMERCIAL USE LAND USE Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 Existing Commercial Area 1 Area 2 Area 3 Area 4 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. SECTION HEADER Avon East Town Center District Plan 25 Current Tenants: Area 1 • Convenience-oriented - Video rental - Liquor - General merchandise - Dry cleaning - Banking - Take-out pizza - Nail salons • Limited specialty retail - Specialty foods - Sporting goods - Bakery • Primarily finance, insurance and real estate-related office tenants Current Tenants: Area 3 • Entertainment - Bar/Pub/Casual dining - Coffee shop - Family dining • Secondary convenience-oriented - Nail salon/Dry cleaner • Construction-related office tenants • Business support office tenants • Limited medical office - Massage therapy - Dentistry EXISTING COMMERCIAL USE LAND USE Current Tenants: Area 2 • Limited retail - Grocery anchor - No associated in-line retail • Banking • Finance and business services office tenants Current Tenants: Area 4 • Concentration of restaurant tenants - Quick-casual restaurants - Family Dining • Mainstream shopping goods - Sporting goods - Home decorating - Furniture • Office supplies (Office Depot) • Medical office tenants Avon East Town Center District Plan26 PROPOSED COMMERCIAL USE LAND USE PROPOSED COMMERCIAL SPACE SUMMARY (gross sq. ft.) Total Difference from Existing Area 1 25,000 - 42,000 decrease 61,000 - 44,000 Area 2 114,000 - 135,000 increase 71,000 - 92,000 Area 3 74,000 - 120,000 increase 2,000 - 48,000 Area 4 104,000 - 167,000 dec. 35,000 - inc. 28,000 Total Commercial Space (approximate)317,000 - 464,000 dec. 23,000 - inc. 124,000 Source: Design Workshop The proposed commercial square footage is based on the massing model and therefore is an estimate only. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Area 2Area 1 Area 2Area 2 Area Area Area 2Area 3 Proposed Commercial Area 1 Area 2 Area 3 Area 4 Plaza Overlay SECTION HEADER Avon East Town Center District Plan 27 Recommended Tenants: Area 2 • Grocery/convenience sub-District - Grocery anchor - Dry cleaning - Liquor - Video rental - Take-out food - Hair/ nail salon - Florist - Pet supply • Banking, finance and insurance-related offices Recommended Tenants: Area 4 • Family dining/sit-down restaurants • Home furnishings • Medical office tenants • Construction-related office tenants- engineer, architecture, etc. (second floor) • Business support services - (second floor) - Accounting/Law offices - Copy services • Home/garden supply • Office supply Recommended Tenants: Area 1 • Reduced retail presence in favor of residential lodging space, except along plaza frontage • Restaurant space at Christie Lodge Recommended Tenants: Area 3 • Entertainment (Bar/Pub) • Bookstore • Coffee shop • Specialty food and gift • Finance, insurance and real-estate related office tenants (second floor) • Construction-related office tenants (second floor) • Sporting goods LAND USE PROPOSED COMMERCIAL USE Recommended Tenants: Plaza Overlay • Youth-targeted retail • Quick-casual dining • Restaurants • Ice cream • Coffee shop • Specialty sporting goods • Clothing • Bath and body supply • Bookstore • Outdoor dining/outdoor spaces Avon East Town Center District Plan28 Upper Floor Residential and Office Space Use upper floors for primarily residential and office. Consideration of views, solar exposure, noise, and proximity to amenities should be given to the locations of residential uses. Second Floor Flexible Space Allow second-floor spaces to be used for a variety of retail, office, and/or residential space, provided that access is internal to the building. First Floor Retail/ Commercial Space Focus retail commercial uses into the core of The East Town Center District, which includes the land surrounding the central plaza, Main Street, and a few existing anchor retailers. PROPOSED LAND USES BY FLOOR LEVEL LAND USE Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Avon East Town Center District Plan 29 • Create a strong pedestrian connection across Avon Road and connect Main Street in the West and East Town Center Districts. Above or below grade pedestrian crossing should be considered to separate vehicles and pedestrians. • Realign East Beaver Creek Boulevard and allow for redevelopment on the south side of the street. Christie Lodge desires to move lodging closer to the core of The East Town Center District. Realigning East Beaver Creek Boulevard would improve pedestrian circulation. • Enhance and maintain strong pedestrian connections between The East Town Center District and the Eagle River. Create strong pedestrian connections between regional trails and the retail core. • Provide pedestrian accessibility to adjacent uses with paseos, gates, pedestrian walkways, crossings, etc. Provide porous pedestrian access throughout The District to allow for direct routes. • Provide comfortable and safe spaces (e.g., nature strips, amenity zones, and on-street parking areas) that adequately separate automobiles and pedestrians. • Encourage the creation of a safe and exploratory environment with strong pedestrian connections to secondary pedestrian corridors. • Provide a consistent level of visual cues for pedestrian routes through the use of materials, signs, landscaping, etc. 4. Ensure that pedestrians have safe and convenient access throughout The East Town Center District. PLANNING PRINCIPLES PEDESTRIAN CIRCULATION Wide sidewalks allow room for street furniture to create outdoor “living” spaces. Pedestrians are willing to walk greater distances in comfortable and attractive environments. Avon East Town Center District Plan30 EXISTING PEDESTRIAN CIRCULATION PEDESTRIAN CIRCULATION Existing pedestrian circulation is haphazard and disconnected. Many commercial uses are set back from the main pedestrian circulation areas, thus distancing potential shoppers from retail stores. Most pedestrian areas are directly adjacent to streets and parking areas where pedestrians feel unprotected from vehicles. No Buffer from Traffic Buffered with Landscaping Interior Circulation Crosswalk Bus Stop Sidewalk Quality I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d Beaver C r e e k B l v d . Beave r C r e e k P l a c e . Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. SECTION HEADER Avon East Town Center District Plan 31 PEDESTRIAN CIRCULATION PROPOSED PEDESTRIAN CIRCULATION Intuitive connections and consistent high quality design are some of the driving forces behind the pedestrian circulation Planning Principles. The plaza connects to the proposed regional rail/trail. Sidewalks run alongside retail spaces, allowing for window shopping. Bus stops are located in centralized locations. Sidewalks are set back far enough from the roadway to allow for street trees to shade pedestrians. Interior circulation reduces walking distance. Above- or below-grade pedestrian crossings provide important connections across Avon Road and East Beaver Creek Boulevard. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Sidewalk Quality No traffic Buffer Buffered BY Landscape Interior Circulation Crosswalk Bus Stop I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d B e a v e r C r e e k B l v d . Beave r C r e e k P l a c e New C o n n e c t o r S t . Multi-Use Trail Above or below grade Pedes-trian Crossing Avon East Town Center District Plan32 - Avon Transit - EcoTransit - Post Office - Library - Daycare 2 -1/2 minute walking radius (Approximately 750 feet) Proposed Bus stop Nearly the entire East Town Center District is within a two and a half minute walk from the planned central plaza space. It is only about a five-minute walk from the central plaza to Avon Station (a multi-modal transit facility), library, post office, and daycare located in the West Town Center District. Several local bus stops also support the walkability of the East Town Center District. PEDESTRIAN CIRCULATION Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. 2 and 1/2 minute walking distance to: WALKING DISTANCE Avon East Town Center District Plan 33 • Redesign and replace Benchmark Road. • Allow Main Street through the East Town Center to accommodate two-way traffic, thereby maintaining a strong vehicular pattern and ease of access from Avon Road. PLANNING PRINCIPLES 5. Maintain two access points off Avon Road. 6. Maintain a dispersed circulation pattern through The District. VEHICULAR CIRCULATION • Create secondary streets that service the residential development in the East Town Center. • Design residential streets at a scale that reflects a pedestrian priority. • Allow parallel parking on residential streets. 7. Create quiet, residential- scale development. The central plaza should be visually connected to Main Street and Avon Road. Measures to slow down vehicles such as narrow streets with plantings next to the road can make secondary streets safer. • Create a grid to make a better environment for retail and residential uses. • Design pedestrian oriented and retail- accessible streetscapes on Main Street and along the roads that front the plaza. • Design East Beaver Creek Boulevard as an auto-oriented boulevard with minimal curb cuts to service through traffic. • Avoid or minimize the impacts of traffic on secondary streets to create a pleasant living environment. • Minimize curb cuts on East Beaver Creek Boulevard and Main Street by diverting vehicular access to parcels to cross streets and alleys. • Large blocks should have alley access. Avon East Town Center District Plan34 Av o n R D Chapel Place E. B e a v e r C r e e k B l v d Beav e r C r e e k P l a c e Ben c h M a r k R d ******** ** ** VEHICULAR CIRCULATION EXISTING VEHICULAR CIRCULATION Avon Road effectively channels Beaver Creek Resort-bound skiers, residents, and visitors between I-70 and the resort. Unfortunately, its design discourages travelers from making stops in Avon. It also effectively bifurcates the town, making cross- town travel, especially pedestrian travel between the West and East Town Center Districts, difficult. The series of roundabouts along Avon Road provide the primary vehicular access to The East Town Center District. In addition to these roundabouts, the curvilinear street pattern is confusing, sight corridors are diminished, and street hierarchy is unclear. Circulation is also hampered by the lack of capacity on East Beaver Creek Boulevard. I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d Beave r C r e e k P l a c e Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Through Trips Mixed Use/Retail Service Route Residential Bus Stop Vehicle Circulation SECTION HEADER Avon East Town Center District Plan 35 VEHICULAR CIRCULATION PROPOSED VEHICULAR CIRCULATION Traffic volumes could potentially double through The East Town Center District as a result of the eventual build-out of the Village at Avon. Therefore, it is imperative to solve the problems of the existing conditions and accommodate future traffic. A new vehicular hierarchy will be enforced by the design of East Beaver Creek Boulevard, a divided boulevard with a median and limited curb cuts. Through-traffic and service vehicles will use this boulevard. A central organizing element, such as the plaza, will also help slow traffic down in the pedestrian- focused areas. Vehicles accessing retail uses will use these roads. Residential streets will be designed with a narrow right-of-way and enhanced pedestrian amenities to slow traffic. Building footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Through Trips Mixed Use/Retail Service Route Boulevard Residential Bus Stop Vehicle Circulation I-70 E. B e a v e r C r e e k B l v d . Main S t r e e t Av o n R o a d C h a p e l P l a c e Beave r C r e e k P l a c e Avon East Town Center District Plan36 RESIDENTIAL STREET Medium- to high-density residential uses are planned along the new residential streets identified on page 35. VEHICULAR CIRCULATION The residential street design promotes clear vehicular and pedestrian circulation by providing clearly identifiable vehicular travel lanes and an 11-foot wide amenity zone and sidewalk for pedestrians. The amenity zone and sidewalk should allow for a minimum of six-foot clear pedestrian travel zone. The remaining space should be located between the back of curb and the pedestrian travel zone. Trash receptacles, benches, bike racks, street lights, sandwich boards, street trees, and other amenities should be located in this amenity zone. Street trees should be spaced no more than 30 feet apart. This will help reduce the visual impact of building height as well as provide a separator between moving automobile traffic and the pedestrian space. Parallel parking is encouraged to provide convenient parking separation of vehicular and pedestrian traffic. The dimension of the parallel parking is purposely tight to help slow traffic. Extensive understory planting in the amenity area that discourages or limits the movement of people from parallel- parked automobiles to the sidewalk is discouraged. Building massing is for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. Avon East District Plan37Avon East Town Center District Plan 37 BOULEVARD East Beaver Creek Boulevard is planned to be lined with trees and have a planted median. VEHICULAR CIRCULATION The street design for the boulevard creates a “green” corridor that moves automobile traffic through the East Town Center District at a convenient rate. The planted median provides a green corridor that should only be disrupted for necessary left-turn lanes and stacking. The median will help calm traffic and avoid extensive curb cuts into adjacent developments. A six-foot amenity zone and six-foot sidewalk should allow for a safe walking environment. The amenity zone could include trash receptacles, benches, bike racks, street lights, street trees, and an extensive understory planting program of perennial and shrubs not exceeding three feet in height. The three-foot shrub mass will separate the constant automobile travel lane from the pedestrian area. The plantings should stop at pedestrian crossings and automobile intersections and should not compromise sight triangle design. Trees should be spaced no more than 30 feet apart. An eight-foot multi-use path should be implemented on the north side of the boulevard as part of the larger multi-use path system. Building massing is for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. Avon East Town Center District Plan38 MIXED-USE Mixed-use developments with angled parking allow for more convenient parking spaces while still maintaining a retail streetscape experience. VEHICULAR CIRCULATION Building mass is for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. The typical mixed-use/retail street design aims to provide a great pedestrian retail shopping experience while providing retailers with as much visibility, accessibility, and convenient parking as possible. This is achieved by providing two clearly identified automobile travel lanes with angled parking. Angled parking provides the greatest number of parking spaces and helps to calm traffic. A 15-foot sidewalk and amenity zone is envisioned as flexible space for the pedestrian, where you can find outdoor cafes, trash receptacles, benches, bike racks, street lights, sandwich boards, street trees, and other amenities. A minimum six- foot clear pedestrian circulation route should be provided in the sidewalk and amenity zone. Trees should be spaced no more than 30 feet apart. Understory plantings and/or planter pots are encouraged. Extensive understory planting in the amenity area that discourages or prohibits the movement of people from angled parked automobiles to the sidewalk is prohibited. Avon East Town Center District Plan 39 • Provide on-street parking on all streets except East Beaver Creek Boulevard to help off-set retail parking requirements. • Allow angled parking on Main Street to maximize the on-street parking yield. 8. Provide on-street parking. 9. Minimize the impact of off- street parking lots. PLANNING PRINCIPLES PARKING • Encourage de-centralized underground parking garages integrated with the redevelopment of buildings to ensure access to parking. • Consider providing parking under the plaza space. The plaza shall remain at street level. • Avoid street-facing blank walls on buildings with parking garages. If blank walls are unavoidable, decorate with artwork, display cases, vines, and high- quality, durable materials. 10. Provide de-centralized parking garages. Landscaping provides a buffer between pedestrians and surface parking. Parking signage is an important element to ensuring that structured parking is easily accessible. ELEVATION: Secondary Vehicular Directional-Alternate Metal Base SCALE: 1"=1'-0" 5'-0" 1'-10" AVON T OWN C ENTER P ARKING Secondary Vehicular Directional • Limit curb cuts to provide clarity of vehicular travel areas and maximize parking. Curb cuts are discouraged on Main Street and East Beaver Creek Boulevard. • Place parking lots at the rear or side of the site to allow the majority of uses to front directly onto the street. • Build multiple small surface parking lots instead of one large surface lot. • Encourage improved access to retailers by creating a clear pedestrian path from all parking areas to retail entrances. • Plant trees and shrubs to soften the visual impact, reduce the heat-island effect, provide shade, and reduce parking-area noise. Avon East Town Center District Plan40 10.85 1,131 Acres Spaces Existing 0.72 123 468 11.57 1,722 Surface Lot On-Street Structured Total Type of Parking EXISTING PARKING PARKING Thirty-three percent of The East Town Center District land area is currently used for surface parking. Much of the time these parking spaces are under-utilized. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Surface On-Street Structured Parking SECTION HEADER Avon East Town Center District Plan 41 Surface Lot On-Street Structured Total 10.85 1,131 3.28 453 Acres Spaces Acres Spaces Existing Proposed 0.72 123 1.67 396 468 1,474 11.57 1,722 4.95 2,323 Type of Parking PARKING PROPOSED PARKING The proposed parking numbers are conservatively low based on possible building footprints and only one floor of underground parking (except the plaza ,which includes two floors). Property owners will likely desire to construct larger underground structures than shown and may include more than one floor below grade. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Surface On-Street Structured Parking Avon East Town Center District Plan42 PARKING PARKING ENTRANCES Strategically locate entrances to underground parking to provide convenient access without causing traffic delays on major thoroughfares. Shared entrances are also desirable. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d B e a v e r C r e e k B l v d . Existing Parking Structure Entrance Conceptual Access Points to Parking Parking Entrances Avon East Town Center District Plan 43 • Encourage authentic, contemporary architecture, focusing on form and appropriate use of materials. • Eliminate box-like forms by using a variety of building forms, articulation of the facade, and roof-line variation. • Enhance views and make spaces feel larger by maximizing the number of windows. • Ensure that the rhythm, size and proportion of openings (e.g., windows, doors, etc.) are similar to other high- quality buildings in The East Town Center District. • Encourage the creation of rooftop gardens to contribute to the building articulation, reduce the amount of impermeable surfaces, improve views from surrounding buildings, and provide an outdoor amenity to residents. • Use porches, verandas, mezzanines, stairs, railings, cornice details, and window details to enhance building appearances. • Select building materials and colors that complement the surrounding area. • Encourage the reuse and recycling of building materials. • Incorporate civic art into public infrastructure projects such as bridges, transit systems, highways, roadways, or water features. 11. Ensure the architectural character of The East Town Center District complements the character emerging in The West Town Center District. PLANNING PRINCIPLES DISTRICT CHARACTER These buildings exemplify the architectural style encouraged in The East Town Center District, particularly in their use of subtle earth-tone colors and a mix of regional building materials. The Town Center Design Guidelines provide further information regarding the desired character in The East Town Center District. Avon East Town Center District Plan44 12. Ensure that buildings with mid-size retail uses fit the character of the area and support a pedestrian- friendly experience. • Locate mid-size retail uses in anchor locations that accent architectural elements and provide high visibility. • Encourage traditional streetscape designs that emphasize the building and not the parking. • Ensure facades are pedestrian-scaled by using articulation and a retail module system of 16-25 feet. 13. Encourage a high level of site planning and design to maximize public and semi- public pedestrian spaces. • Design the landscape to enhance the architecture and create or define useful public and private spaces. • Use hardy, native plant species (e.g., trees, shrubs, and ground cover) that are easy to maintain and minimize water use. • Provide a variety of seating choices in landscaped areas. • Include paths to accommodate children, adults, bicycles, skateboards, shopping carts, walkers, pets, furniture moving, etc. • Provide appropriate lighting to ensure that paths are safe at night and still compliant with the Avon lighting requirements to minimize “over-lighting”. • Plant deciduous shade trees along streets and parking lots to minimize the heat-island effect. PLANNING PRINCIPLES DISTRICT CHARACTER Active first floor spaces, appropriately scaled buildings, and well-designed public spaces will enhance the character of The East Town Center District. Splitting buildings into modules with different treatments creates a pattern, articulates the facade, and clearly identifies entrances. Avon East Town Center District Plan 45 14. Maximize solar exposure. • Maximize solar exposure by limiting building heights on the south side of streets and plaza spaces to a level that allows sun to reach the northern sidewalk during the winter solstice. 15. Define the plaza and other key pedestrian areas by framing these spaces with buildings. • Relate buildings to the street and locate them on the site so that they reinforce street frontages. • Utilize build-to lines instead of setbacks to bring pedestrians and the retail environments closer together. DISTRICT CHARACTER PLANNING PRINCIPLES Close proximity to plaza spaces and views of the plaza are amenities for surrounding residential buildings. The plaza also draws activity to the retail areas. Building mass can positively contribute to the public spaces if designed with articulation, varied materials, and ample windows. Avon East Town Center District Plan46 Extremely low-density development, aging building stock, and large expanses of surface parking make a strong case for redevelopment and infill. The Town Center zoning encourages higher densities but also requires large set backs, substantial parking areas, and 50% lot coverage. These regulations have contributed to the lack of redevelopment activity in the area. The Plan calls for increased density in The East Town Center District to help fulfill the vision of the Town Center as the focal point of the community. See the Avon Comprehensive Plan Urban Built Form Diagram (page 47) for more information. Building massing and footprints are for descriptive purposes only. Alternative building shapes and mass will be considered if they meet the Planning Principles. DISTRICT CHARACTER MASSING MODEL Existing Massing Proposed Massing SECTION HEADER Avon East Town Center District Plan 47 4/7. Avon East Town Center District Plan48 PLANNING PRINCIPLES VIEWS 16. Maintain key views to and from The East Town Center District to provide visibility, orient people to their surroundings, and define the character of the spaces. • Maintain views to: - Wildridge (1) - Daybreak Ridge (2) - Gypsum-bluff (3) - Whiskey Creek (4) - South Game Creek Bowl (5) - Swift Gulch (6) • Elements that could disrupt the views such as building bulk, signage, overhead utilities, and lighting are discouraged. 3. View of the Gypsum-Bluff 2. View toward Daybreak Ridge 1. View toward Wildridge Avon East Town Center District Plan 49 EXISTING VIEWS VIEWS The Town of Avon Comprehensive Plan identifies being “reflective of the natural environment” as a core value of the Town. According to the Comprehensive Plan, “Avon will continue to enhance its strong connections to its spectacular scenery, magnificent natural surroundings, and ample outdoor recreational opportunities.” The identified views from public areas are essential to maintain a visual connection to the surrounding environment, orient people to their surroundings, and ensure these views can be enjoyed by the general public. The Town will be making a large investment in the public spaces of The East Town Center District. To maximize the value of their investment, these views must be protected. The low height of buildings in The East Town Center District currently allows for the visibility of the surrounding mountains; however, it is anticipated that greater building heights will be proposed in the future. It will become increasingly important to be mindful of maintaining views. Creative approaches, including framing views with architecture, stepping the building height, recessing top floors, and locating floors below ground, should be considered. 6. View of Swift Gulch 5. View of South Game Creek Bowl 4. View toward Whiskey Creek. Avon East Town Center District Plan50 VIEWS PROPOSED VIEWS Maintain views of mountains and surrounding landscapes from public streets and spaces identified in this exhibit. Building footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. NORTH Towards Main Street SECTION HEADER Avon East Town Center District Plan 51 PERSPECTIVE VIEW TO THE DISTRICT VIEWS Avon East Town Center District Plan51 The views to The East Town Center District are as important as views from The District. This view overlooking the main plaza depicts what The District could look like from I-70. Building massing is for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Avon East Town Center District Plan52 • Work with surrounding landowners to develop a central plaza that will energize the space, provide an orienting element, and create an alternative reason for going to The East Town Center District beyond what exists there today. The Town should take the lead in designing, developing, programming, and maintaining the plaza space and make it part of Avon Parks and Recreation. Coordination with landowners and retail tenants is essential to ensure the viability of surrounding retail, consistent access and circulation, alternative parking arrangements, and workable phasing plans. • Work with surrounding landowners to straighten Main Street. The Town may also consider a curved Main Street reflecting the Planning Principles set forth in this plan. However, this will not accommodate the same level of on- street parking and may force private development to accommodate all on-site parking requirements. • Realign East Beaver Creek Boulevard. • Work with surrounding landowners to implement a rich streetscape pattern that will complement The West Town Center District. • Implement the Urban Renewal Plan and explore Tax Increment Financing to help pay for public improvements in The East Town Center District. 17. Focus municipal involvement on actions that produce the most public benefit. Great public spaces can draw people of all ages and interests to the town center. CHAPTER 3: IMPLEMENTATION PLANNING PRINCIPLES SECTION HEADER Avon East Town Center District Plan 53 Today’s rising property values as a result of the new gondola and Riverfront Village, in conjunction with a willingness of the Town Council to work in partnership with landowners, creates new redevelopment opportunities. The key to implementation is to work with the landowners and developers by understanding their needs and the impact this policy has on their property’s redevelopment potential. Continued dialog must occur between the Town and The East Town Center District stakeholders. The phasing strategies shown in this document illustrate a possible path through the implementation of The Plan. Flexibility is needed to determine the best overall method of achieving the vision explained in the Planning Principles. This flexibility will accommodate the complexity of redevelopment projects, allowing each property to redevelop on the property owner’s schedule. Additional flexibility includes the footprint and massing of the buildings and the manner in which parking requirements are met. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. PARTNERSHIP IMPLEMENTATION Avon East Town Center District Plan54 Publicly Funded Projects Expenditure Beaver Creek Boulevard $2,346,754 Benchmark Road $1,222,094 Beaver Creek Place $926,977 Main Street Plaza $1,941,416 Chapel Place $808,838 Residential Street Type $1,868,917 Service Street (SE)$906,676 Plaza $21,667,993 TOTAL $31,689,665 Source: Design Workshop. Expenditures based on 2006 dollars and assumptions PUBLIC IMPROVEMENTS IMPLEMENTATION Infrastructure Expenditure Summary Both public and private investments are needed to finance the redevelopment of The East Town Center District. Based on preliminary cost estimates, the public expenditures associated with the plaza (240 underground parking spaces, road improvements, and streetscape work) equals approximately 32 million dollars. It is anticipated that the necessary revenue to pay for these improvements will be shared between the Town and the developers. The Town has already committed to substantial funding in The West Town Center District and has implemented Tax Increment Financing (TIF) as a funding mechanism. In addition, each redevelopment project may also need to bear the cost of some of the capital improvements necessary because of increased density. The level of private investment in capital improvements will be determined during the development review process. Relocated new roads are shown with a red-dashed line. All other roads identified with a solid blue line are existing but will need improvements such as street trees, crosswalks, utilities, lighting, parking, and other improvements. SECTION HEADER Avon East Town Center District Plan 55Avon East Town Center District Plan55 The public revenues estimated in The Plan indicate that the Town will realize between 45 million and 50 million dollars in revenues through build out, and ongoing revenues of between 4.5 million and 5.5 million dollars. Public revenues were calculated using two scenarios: the first assumes that all flex space is commercial space; the second assumes that all flex space is residential space. Scenario 1: Because this scenario places a higher parking burden on The East Town Center District, parking payment- in-lieu fees are the primary reason for the higher public revenues that occur in this scenario. On an ongoing basis, however, this scenario also shows a greater return than if all flex space was built out as residential space due to anticipated sales tax revenue. Scenario 2: The smaller parking burden in this scenario would increase developer returns, especially when one considers the demand for housing product in the mountains compared to commercial space. However, this scenario results in a lower ongoing return to the public sector. REVENUES IMPLEMENTATION Public Revenue Summary Scenario 1 Scenario 2 Revenue Source From Buildout Ongoing From Buildout Ongoing RETA $15,072,400 $1,593,994 $17,008,255 $1,748,073 Retail Sales Tax N/A $2,397,158 N/A $1,305,510 Property Tax N/A $769,906 N/A $737,582 Recreation Amenities Fee N/A $775,145 N/A $775,145 Parking Payment in Lieu Fee $34,360,000 N/A $28,453,445 N/A TOTAL $49,432,400 $5,536,203 $45,461,700 $4,566,310 Source: Design Workshop Avon East Town Center District Plan56 To test The Plan and determine the probability of redevelopment, it is helpful to conduct conceptual pro formas for each parcel and test the plan. These are based on broad assumptions and should be considered an estimate for analysis purposes only. The estimate is based on a build out taking place within ten years. Most parcels are showing a preliminary internal rate of return (IRR) of anywhere from four percent to 23 percent. A healthy IRR is between 15 and 20 percent. In lackluster market conditions, an IRR of 12 percent can attract redevelopments. The following summary of IRR illustrates the effectiveness of The Plan and begins to show the possible phasing of the private development (those with higher IRR will likely begin redevelopment sooner). Source: Design Workshop PRIVATE INVESTMENT IMPLEMENTATION Parcel Estimated Internal Rate of Return (IRR) Parcel 1- Christie Lodge 19% Parcel 2- Buck Creek 19% Parcel 3- North Court 23% Parcel 4- Avon Plaza 21% Parcel 5- American Nat’l Bank 7% Parcel 6- 51 Beaver Creek Place 23% Parcel 7- City Market 4% Parcel 8- Chapel Square Bldg B 21% Parcel 9- Chapel Square Bldg A 15% Parcel 10- Pier 1/ Office Depot 10% Parcel 11- Avon Annex North & South 4% Parcel 12- Benchmark Shp Center N & S 12% Parcel 13- Boat Building 10% Parcels are anticipated to have an Internal Rate of Return (IRR) between 4% and 23%. Parcel Internal Rate of Return SECTION HEADER Avon East Town Center District Plan 57 KEY REDEVELOPMENT AREAS IMPLEMENTATION Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Realignment and Extension of Main Street Central Plaza Existing Property Boundaries Key Redevelopment Areas Areas For Street Improvements Changing property boundaries can add a challenge to the implementation of a redevelopment plan. This plan attempts to minimize the need for such adjustments. Overall Streetscape Improvements Realignment of East Beaver Creek Boulevard Avon East Town Center District Plan58 2 Once the mid-size retailers are relocated, the plaza can be constructed and the existing mid- size retail building can be redeveloped. 1 Redevelopment of the Avon Annex and the Chapel Square one-story building will provide two of three necessary relocation sites for the mid-size retailers. 3 There will be more interest in redevelopment once the plaza and mid-size retailers are redefined as anchors to the District. Mai n S t r e e t Cha p e l P l a c e B e a v e r C r e e k Mai n S t r e e t Cha p e l P l a c e B e a v e r C r e e k P l a c e Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. CENTRAL PLAZA IMPLEMENTATION Aerial photograph of the existing conditions. Mai n S t r e e t Cha p e l P l a c e SECTION HEADER Avon East Town Center District Plan 59 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. IMPLEMENTATION REALIGNMENT OF MAIN STREET 1 Individual landowners may be able to move forward with construction on a portion of their property. Mai n S t r e e t Mai n S t r e e t 2 Joint development agreement is necessary between the Town and property owners in this area to realign Main Street. 3 Construction on the south side of the street would be feasible once Main Street is reconstructed. Mai n S t r e e t Aerial photograph of the existing conditions. Avon East Town Center District Plan60 1 E. B e a v e r B e a - New C o n n e c t o r Joint development agreement is necessary between the Town and Christie Lodge owners to move East Beaver Creek Boulevard and extend Beaver Creek Place. 2 3 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. IMPLEMENTATION REALIGNMENT OF EAST BEAVER CREEK BOULEVARD Aerial photograph of the existing conditions. Property line should be adjusted between East Beaver Creek Boulevard and the Central Avon Plaza to allow additional built form to anchor a new intersection. Joint development agreement is necessary between the Town and the Buck Creek Plaza owners to build a new connector street between East Beaver Creek Boulevard and Beaver Creek Place extension. E. B e a v e r C r e e k B l v d . B e a v e r C r e e k P l a c e New C o n n e c t o r S t r e e t New C o n n e c t o r E. B e a v e r C r e e k B e a v e r C r e e k Avon East District Plan61Avon East Town Center District Plan 61 CONCLUSION In summary, the development of The Plan included a public process in which existing conditions were evaluated, planning considerations were identified, alternative plans were explored, market investigations and financial analyses were conducted to test alternative futures, feedback was used to recycle alternatives, and a final alternative was described in both graphic (plans and diagrams) and verbal terms (Planning Principles). The vision of The East Town Center District, as identified in the Comprehensive Plan, is to make the most of the redevelopment opportunities by considering the needs and desires of the community; establishing a cohesive mix of uses, including retail, office, and residential; planning for public gathering spaces; and creating strong pedestrian and street connections. This vision is more clearly articulated with the plans, diagrams, and Planning Principles found in The Plan. The vision has a physical, environmental, social, and economic focus that together will make The East Town Center District a jewel of the community, a complement to The West Town Center District, and a source of pride for the residents and business owners. The future of The East Town Center District lies directly in the hands of the property owners. This plan includes a substantial financial investment for the Town of over 30 million dollars, for which the Town will likely use funding mechanisms such as TIF and private investment in The District. The landowners should recognize this plan as a shared vision of The East Town Center District and leverage the improvements identified for the public spaces. Together, the Town and the property owners can create a cohesive physical framework and community image in The East Town Center District. IMPLEMENTATION The Plan is an opportunity to share a vision for redevelopment. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, AICP, Assistant Town Manager Date: May 13, 2008 Meeting Re: Red House Annexation — Substantial Compliance Resolution Summary: The Vail Corporation has submitted an annexation Petition for property known as the Red House Lots 1 and 2 Annexation. This is a 1.44 acre parcel of land located on the northeast corner of Highway 6 and Avon Road. The first step in the annexation process is for the Town Council to accept the Petition and make a finding that the Petition is in substantial compliance with the requirements of C.R.S. § 31-12-107(1). The adoption of this Resolution also schedules a public hearing which, following publication of notice in the paper for four consecutive weeks prior to the hearing, allows the Council to have a public hearing to determine if the proposed annexation meets additional requirements of state law. It is expected that, following the hearing and adoption of the Resolution finding substantial compliance, a zoning and subdivision application will be filed and an annexation and development agreement will be negotiated. We are working with the applicant to develop a more detailed timeline of this process which will likely conclude in the early fall. The Petition has been reviewed by staff and legal counsel and meets the requirements of the statute for the form of the Petition. We recommend that the Council approve the Resolution finding the Petition to be in substantial compliance with the requirements of law and schedule the hearing for June 24, 2008. Staff Recommendation: Staff recommends the Council APPROVE Resolution No. 08-16 as written and attached hereto. Town Manager Comments: Attachments: - Resolution No. 08-16 - Petition for Annexation - Vicinity Map Resolution No. 08-16, Red House Annexation Town Council May 13, 2008 Regular Meeting RESOLUTION NO. 08-16 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR A PETITION FOR ANNEXATION FILED WITH THE TOWN OF AVON, COLORADO, KNOWN AS THE RED HOUSE LOTS 1 AND 2 ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation ("Petition") of certain property as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property") to be known as the Red House Lots 1 and 2 Annexation has been filed with the Clerk of the Town of Avon, Colorado ("Town"), and referred to the Town Council for a determination of substantial compliance with C.R.S. § 31-12-107(1); and WHEREAS, the Town Council has reviewed the Petition and desires to adopt by resolution its findings in regard to the Petition. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL: Section 1. The Petition is in substantial compliance with C.R.S. § 31-12-107(1). Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are expected to be imposed except as provided in the Petition and in an annexation and development agreement to be entered into by the Town and the petitioner, which are not to be considered additional terms and conditions within the meaning of C.R.S. § 31-12-112. Section 4. On Tuesday, June 24, 2008 at 5:30 p.m. at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado, the Town Council will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and -105 or such parts thereof that may be required to establish eligibility under the terms of C.R.S. § 31-12-108(1). Section 5. The Town Council may hold one or more subsequent public hearings to consider the annexation of the Property to the Town and the zoning and subdivision of the Property. Section 6. Any person may appear at such hearings and present evidence relative to the eligibility of the proposed annexation, the proposed annexation, the proposed zoning and the proposed subdivision. Section 7. Upon completion of the hearing(s) set forth in Section 5, above, the Town Council will set forth its findings and conclusions with reference to the eligibility of the proposed annexation and whether the statutory requirements for the proposed annexation have been met. 001024052\BUS_RE11661164.2 Section 8. If the Town Council concludes that all statutory requirements have been met and that the proposed annexation is proper under the applicable laws of the State of Colorado, the Town Council may pass one or more ordinances or other measures annexing the Property to the Town and zoning and subdividing the Property. INTRODUCED, READ, and ADOPTED this 13th day of May, 2008. Ron Wolfe Mayor ATTEST: Patty McKenny Town Clerk 001024052\BUS_RE\ 1661164.2 2 EXHIBIT A LEGAL DESCRIPTION Red House Lots 1 and 2 Annexation Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 %2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 1/4 corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). N01°22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest % of the Southeast of said Section 12; thence along said line N89° 19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). $64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast ' of said Section 12; thence along said line N00°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A-1 00 l 024052\BU S_RE\ l 66 l l 64.2 PETITION FOR ANNEXATION RED HOUSE LOTS 1 AND 2 TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: RECEIVED MAR 2 4 2008 Community Development The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petitions ("Petition") the Town Council of the Town of Avon, Colorado ("Town Council"), to annex to the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections 31-12-104 and 31-12-105 of the Annexation Act exist or have been met. 3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. There are no adult residents of the Property and the Petitioner does not intend to devote the Property to agricultural use. 8. The Petitioner is the landowner of more than fifty percent (50%) of the Property, excluding public streets, and alleys, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 9. The Petitioner is the owner of one hundred percent (100%) of the Property within the meaning of Section 31-12-107(1)(g) of the Annexation Act. 10. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 810362 4 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 11. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Property; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. 12. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 13. The proposed annexation of the Property will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 14. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 15. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 16. The legal description of the land owned by the Petitioner is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section 31-12-107(1)(g) of the Annexation Act. 17. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. The mailing address of each signer is provided following such signature. 18. This Petition is accompanied by four copies of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town abutting the Property and the contiguous boundary of any other municipality abutting the Property. 2 810362.4 19. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Commence proceedings to amend its Comprehensive Plan and to institute zoning of the Property as a PUD, all in accordance with Section 31-12-115 of the Annexation Act and Title 17 of the Municipal Code of the Town; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") which establishes vested property rights for a site specific development plan for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, but not more than five years pursuant to Title 17 of the Town's Municipal Code. 20. Petitioner has filed this Petition subject to the following conditions: (a) At the same hearing as and immediately following its approval of annexation of the Property, the Town Council approves, and such approvals become final and non -appealable, each of the following: (i) an amendment to the Town's Comprehensive Plan to be consistent with the proposed PUD zoning; (ii) PUD zoning which is substantially consistent with the application for PUD zoning which Petitioner submits in connection with this Petition; and (iii) the Annexation and Development Agreement. (b) The annexation shall not become effective, and neither Petitioner nor the Town shall file the annexation ordinance and map with the Eagle County Clerk and Recorder, until after: (i) the conditions set forth in clause (a) above have been satisfied; and (ii) the effective date of each resolution or ordinance approving the matters referenced in clause (a) above. 21. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement. General property taxes of the Town shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 22. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section 31-12-107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. [Signature Page Follows This Page] 810362.5 3 THEREFORE, Petitioner requests that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this day of 4 , 2008. Signature of Landowner/Petitioner: THE VAIL CORPORATION, a Colorado corporatio By: Name: Keith Fernandez Title: President & COO - VRDC Date of Signature: 3/2 I/ O Mailing Address: The Vail Corporation c/o Vail Resorts Development Company P.O. Box 7 Vail, Colorado 81658 : WANE 1AUI21 L Date: 810362 4 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 '/2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 'A corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). N01°22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 'A of the Southeast Vs of said Section 12; thence along said line N89° 19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). $64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast Y4 of said Section 12; thence along said line N00°26' 37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A 810362.4 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: THE VAIL CORPORATION, a Colorado corporation Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 %2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center Y4 corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). NO1°22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 1/4 of the Southeast 1/4 of said Section 12; thence along said line N89° 19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). $64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast %4 of said Section 12; thence along said line N00°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit B 810362 4 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of six pages, excluding the page(s) of this Exhibit C, and that the signature of the petitioner thereon was witnessed by the circulator and is the true and original signature of the person whose name it purports to be, and that the date of such signature is correct. STATE OF COLORADO ) ) ss. COUNTY OF The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this r 1 day of I'il atc.k , 2008, by -Di ae.v,e. ma u Witness my hand and official seal. My commission expires: 1 • I t1.0 9 woe.rionepk»oUNma Exhibit C 810362.4 !ill 1. $§ 1.1r: tfl? ! I 1-11.3 :11!' ■ $ I • Protroz I / k tl §. 2. PAM 'vwM•on, w wI.aW r� ��M Author JHursey, Data. 05/08108 111[:1121 of the \ \1.1.17Y Memo AVO N COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager, Community Development Date: May 13, 2008 Town Council Work Session Re: Planning & Zoning Commission Appointment Summary: At your April 23, 2008 meeting, four vacancies of the Planning and Zoning Commission were filled. Three continuing members of the Planning and Zoning Commission were reappointed: Phil Struve, W. Todd Goulding, and Andrew Lane. In addition to the continuing members, Scott Prince was appointed to the Commission. Since your last meeting, the Community Development Department was informed by Juila Foster (term expiration 5/1/09) that she would no longer be able to serve on the Commission since she will be leaving the valley. Due to Commissioner Foster's absence, one more vacancy must be filled. Attached to this Memorandum is an application form from Leslie Roubos, interested in filling this one-year vacancy position. At your Work Session on May 13, 2008, staff would ask that the Town Council to interview Leslie Roubos, and after an interview, formally appoint Leslie during the Regular Meeting. Recommendation: After interviewing the new applicant, Staff recommends that the Town Council appoint Leslie Roubos for the vacant Planning and Zoning Commission term, which expires May 1, 2009. Town Manager Comments: A: Application Material MEMO TO: HONORABLE MAYOR AND TOWN COUNCIL FROM: PATTY MCKENNY, DIRECTOR ADMINISTRATIVE SERVICES DATE: MAY 8, 2008 RE: CML BOARD ELECTIONS SUMMARY: Larry mentioned to you his interest in running for the Board of Director's for the Colorado Municipal League. Attached are materials for forwarding to the Colorado Municipal League's Nomination Committee submitting his name for the election of its board members. He would be running for the seat open for cities and towns with a population of less than 8,000. The election is held in June at the annual CML conference in Steamboat Springs. Included are the following items: • CML Press Release • Application Letter from Larry Brooks to the CML Nominating Committee • Endorsement Letter from Avon Town Council CML COLORADO MUNICIPAL LEAGUE The Voice of Colorado's Cities and Towns LEAGUE ACCEPTING BOARD APPLICATIONS FOR 2008-09 By Sam Mamet, CML executive director LETTERS OF APPLICATION are being accepted to fill 12 positions on the CML Executive Board. Municipal officials wishing to be considered for one of these positions should adhere to the following instructions. Members whose names are placed on the ballot by CML's Nominating Committee will be voted on by the membership at the CML annual business meeting scheduled for Thursday, June 19, at 2:15 p.m. in Steamboat Springs. The vacancies to be filled at the election are: • three positions from cities with a population of 80,000 or more, • four positions from cities with a population of at least 8,000 but less than 80,000, and • five positions from cities and towns with a population of less than 8,000. The Executive Board is a great way to become more involved with CML and its members. The board determines League policy on many issues and is responsible for the overall operation of the organization. Meetings are usually held once a month during the legislative session with several other meetings throughout the year. Each League participating member municipality is entitled to vote to fill all vacancies on the board regardless of the population categories. Nomination procedures Under CML bylaws, Executive Board members must be elected or appointed officials of member cities and towns. Any official who desires to be nominated for a position on the Executive Board can ensure nomination by the following means: • Filing an application (in letter or other written form) for nomination with the Nominating Committee. The application must be received in writing in the League office at least 15 days prior to the annual business meeting (by Wednesday, June 4). • Including with the application an endorsement in writing from the applicant's city council or board of trustees. This endorsement also must be received at the League office by June 4. A city council or board of trustees may endorse the nomination of only one official from the city or town for election. Municipal officials who meet the above qualifications will be placed on the Nominating Committee's slate for consideration at the election during the annual business meeting. If there are not enough qualified candidates to satisfy the minimum slate requirement, the committee may request that one or more additional officials become nominees to satisfy the minimum slate requirement. The minimum requirement under the bylaws is equal to the number of vacancies to be filled in each population category. Any officials added by the Nominating Committee to meet the minimum number of candidates do not need the endorsement from the official's city council or board of trustees, nor to have filed an application with the Nominating Committee. Finally, not later than five hours before the annual business meeting, other nominations for Executive Board members may be made by petition to the committee. The petition must be signed by at least 10 municipal officials representing at least 10 municipalities in attendance at the conference. Officials who are placed on the ballot by petition do not need the endorsement of their city council or board of trustees. File applications by June 4 Municipal officials who wish to pursue nomination and election to the CML Executive Board are encouraged to file a written application with the Nominating Committee. This must be received at CML by June 4 and must be accompanied by the required written endorsement from the official's city council or board of trustees. These materials should be mailed or delivered to the League office at 1144 Sherman St., Denver, CO 80203, or faxed to 303-860-8175. Sample application and endorsement forms are available by calling 303-831-6411. Several members will continue on the board, serving the second year of a two- year term. These include three officials from large -population municipalities, two from the medium category and one from small cities or towns. In addition, Steve Rabe, Canon City administrator, will remain on the Executive Board as immediate past president. Under League bylaws, population figures for the June 2008 election will be based upon population estimates from the Department of Local Affairs. These are the same figures that were used in computing 2008 municipal dues for member municipalities. Questions regarding population figures and nominating committee procedures may be directed to Sam Mamet at smamet@cml. org or 303-831-6411. Avon... a smoke free community Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 COLORADO May 13, 2008 CML NOMINATING COMMITTEE Colorado Municipal League 1144 Sherman Street Denver, CO 80203 Dear Committee Members: 970-748-4000 970-949-9139 Fax Relay recognized www.avon.org Please accept this letter as my application for nomination to the Colorado Municipal League's Executive Board for the slate of nominees who are to be voted on by the membership at the 2008 CML Annual Business Meeting. As Town Manager for the Town of Avon and a member of the Colorado Municipal League, I am eligible for one of the vacancies (population of less than 8,000) to be filled at the Annual Business Meeting. My background in municipal government spans 38 years of service in Colorado. I have been with the Town of Avon since 1984 serving in numerous positions during that timeframe as follows: Assistant Town Manager (1997-2002), Acting Town Manager (1996-1997), Director of Public Works and Transportation (1984-1996) and currently serve as the Town Manager of Avon since 2002. My responsibilities have included oversight of numerous capital improvement projects such as Avon's Recreation Center in 1996 and the Swift Gulch Public Works, Transportation and Fleet Maintenance Facility in 1998. Over the years I have participated on various boards within the community, such as Avon's Metropolitan District, three Boards which manage large affordable housing projects in Avon, Eaglebend Affordable Housing Corporation, Kayak Crossing and Buffalo Ridge Affordable Housing Corporation. I have served as the Town's representative on the Intermountain Regional Planning Commission, and currently on the Executive board of the 1-70 Coalition. My responsibilities have also included various negotiations related to Avon's partnering with the local ski company, Vail Resorts, Inc., and the Beaver Creek Resort Company to provide for guest services. Currently I serve as the Executive Director of the Avon Urban Renewal Authority which was formed in 2007 and recently issued $25 M in bonds to fund the future Main Street project for the Town, currently underway. My experience with CML has mostly been receiving information from the organization and frequently utilizing the resources and services it provides. Over the years, Avon has hosted a CML regional meeting; I've participated in the annual meetings which take place in the mountains, all of which are a great opportunity to network with our local officials. Now with our very strong town staff and with the support of the Town Council I have the opportunity to fulfill a desire to give back to the organization that has offered me so much. My background in local government has been broadened by serving in leadership roles for Parks and Recreation, Public Works, Utility Management, Human Resources and Administration. This wide municipal experience gives me the perspective to appreciate the workings of local government, to understand the relationships between towns and with County government and the many aspects of municipal service, and also the expertise to contribute and participate on a statewide organization such as CML. I would be honored to participate in this prestigious group and would appreciate your consideration of my application. AVON COLORADO Avon... a smoke free community Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 May 13, 2008 CML Nominating Committee 1144 Sherman Street Denver, Colorado 80203 Dear Committee Members: 970-748-4000 970-949-9139 Fax Relay recognized www.avon.org The Town Council for the Town of Avon endorses the application of Larry Brooks, Town Manager, for nomination to the Colorado Municipal League's Executive Board for the slate of nominees who are to be voted on by the membership at the 2008 CML Annual Business Meeting. Larry's extensive experience in all aspects of town operations and administration make him an ideal candidate for the Executive Board. Sincerely, Ronald C. Wolfe Mayor TatincfArai - f / Pm Boc975 400 B3xtm3kPoed Awn, Cidaacb81620 910}7484006 COLORADO Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: May 5th, 2008 Regarding: Request for proposal for Town Attorney As you are aware, John Dunn has submitted his resignation as the Town attorney effective October 1 of this year. John has expressed to us his desire to refocus his private practice in the areas of real estate, land use and business representation. While John is giving the Town ample time to make the transition to a new Town Attorney, it is important that we remain timely in our recruitment and selection for this important position. With that in mind, we have worked with the legal subcommittee to prepare the attached Request for Proposal. The goal here is to make a selection and give ourselves enough time in transition with John to impart the knowledge and experience that he has demonstrated over the years, as well as the transition of current issues. With the Council's permission, we will release this RFP on the 14th, with responses required by the 13th of June REQUEST FOR PROPOSAL FOR TOWN ATTORNEY TOWN OF AVON, COLORADO COLORADO\... AvON May 14, 2008 001024000\PUBFIN\823033.3 REQUEST FOR PROPOSAL FOR AVON TOWN ATTORNEY Introduction Known as the "Heart of the Valley" for its geographic location as well as its strong sense of community and family -friendly atmosphere, the Town of Avon is a great place for both residents and visitors. With 6,500 year-round residents, plus another 3,500 part-time residents, Avon offers a small town atmosphere with many amenities. The Town is eight miles west of Vail and serves as a gateway to the world -class Beaver Creek Resort. The Town recently created an urban renewal authority to assist with the Town Center West Investment Plan within the downtown area of Avon and has other ongoing development projects within the community. The Town is governed by a Town Council who are elected to four-year terms. Municipal elections are held in November of even -numbered years. The Council consists of seven members elected at large, one of whom is elected Mayor by the Council. The Council meets in the afternoon and evening on the second and fourth Tuesday of each month. Pursuant to the Home Rule Charter of the Town, the Town Attorney is appointed by the Town Council and serves at the pleasure of the Council. The Town Attorney must be an attorney -at -law admitted to practice in Colorado, having been in active practice at least five years prior thereto. The Town Attorney is the legal representative of the Town and advises the Council and Town officials in matters relating to their official powers and duties and performs such other duties as the Council may prescribe by ordinance or resolution. The Council establishes the compensation for the Town Attorney. Further information about the Town may be obtained at www.avon.org. Town Attorney Proposals The Town requests proposals from individuals or law firms (with one of its attorneys identified as the responsible attorney) interested in serving as the Town Attorney for the Town of Avon. It is contemplated that these services will either be contracted for from a law firm or that the Town Attorney will become a full-time employee of the Town. The scope of legal expertise, responsiveness to Council and staff, and flexibility and sophistication in meeting the Town's legal services needs will be the primary evaluation criteria. The Town Attorney should have specific experience in municipal law with particular experience in advising the governing body of a Colorado municipal corporation. Additional expertise in areas such as Colorado -based land use, public finance, construction law, contract negotiation and drafting, personnel matters, and litigation is also desirable. Those responding to this Request for Proposal should submit eight copies to: Larry Brooks, Town Manager Town of Avon 400 Benchmark Road Avon, CO 81620 Responses are due by 4:00 p.m. on June 13, 2008. 001024000\PUBFIN\823033.3 Each response should contain the following information: 1. Background and experience of individual or firm, including a list of current municipal clients, if any. 2. A list of any clients that have had, or are expected to have, interactions with the Town of Avon. 3. If a firm, the experience of the responsible attorney to be designated as the Town Attorney. 4. If a firm, the experience of other attorneys who are likely to advise the Town on matters related to general municipal law, land use, public finance, construction, personnel, and litigation matters. 5. A brief description of an example in which the responsible attorney creatively assisted a client in resolving a legal issue. 6. Availability of the designated Town Attorney to attend Town Council meetings on Tuesday afternoons and evenings and other meetings as requested by the Town Manager. 7. Proposed rate, fee or salary structure. 8. Unless seeking a position as a full-time employee, confirmation of legal malpractice insurance. 9. The names and contact information of three client or employer references. 10. If a firm, the proposed form of engagement letter. Please limit the response to seven pages, plus any resumes and the proposed form of engagement letter that may be attached. One or more candidates may be invited to an interview and all candidates will be notified of the Council's decision. The Town Council reserves the right to reject all proposals or to accept a proposal that in its judgment is in the best interests of the Town regardless of any variation from the criteria contained in this Request for Proposal. Any questions regarding this Request for Proposal should be directed to Larry Brooks, Town Manager, at lbrooks@avon.org. Thank you for your consideration of this request. Larry Brooks Avon Town Manager 2 001024000\PUBFIN\823033.3 MEMORANDUM TO: TOWN COUNCIL ACTING AS THE LIQUOR LICENSING AUTHORITY FROM: TOWN ATTORNEY RE: TICINO, LLC DATE: May 13, 2008 Ticino, LLC (Ronda and Daniel Niederhauser, proprietors of Columbine Bakery) has applied for a liquor license for the premises formerly occupied by the Brass Parrott, Unit 127, Avon Center at Beaver Creek. In connection with the application, it has come to the attention of Town staff that the Brass Parrott liquor licensed premises included the outdoor deck or concrete slab adjacent to Unit 127. Ticino desires to include that area as part of its liquor licensed premises. The area involved was used by the Brass Parrott as long as anyone can remember, and no current staff member has any recollection as to what if any agreement was reached with the Town. As a general matter, when the Town Center Mall was created in the early 1980's it was planned that the area of the mall adjacent to the buildings around it would be utilized in that fashion. It is speculated that the Brass Parrot use was the sole instance of that happening. It is recommended that the use continue but subject to a License Agreement which protects the Town and allows the termination of the agreement on ninety days notice. A proposed License Agreement is included on the Authority agenda for discussion with the applicant. It is also included on the Council Consent Agenda to allow approval of it by the Council as part of its regular meeting. Staff believes that the form of the License Agreement can be used in connection with other, similar arrangements with adjacent property owners in connection with the Main Street project. For that reason, the Agreement has been reviewed by the Legal Subcommittee and the comments of the Subcommittee considered. JWD:ipse LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into the day of , 2008, between TOWN OF AVON ("the Town"), whose address is P.O. Box 975, Avon, Colorado 81620 and TICINO, LLC ("Licensee") whose address is P.O. Box 18308, Avon, Colorado 81620 RECITALS The Town is the owner of the area depicted on the site plan attached as Exhibit A which is marked "Concrete Slab.," which is 44' by 10' in size and which is delineated by a split rail fence and planters, adjacent to Unit 127, Avon Center at Beaver Creek ("the Town Property"). Licensee desires to enter into this License Agreement so that it may use the Town Property for outdoor dining and liquor service in connection with the liquor licensed premises also depicted on Exhibit A. The Town has no immediate plans for the use of the Town Property and is willing to allow use of it until such time as the Town has plans for its use. AGREEMENT 1. The Town hereby grants to Licensee a license for the Town Property for outdoor dining and liquor service in connection with the liquor licensed premises also depicted on Exhibit A for the term stated below ("the Term"); provided that Licensee hereby indemnifies and holds the Town, its officers and employees harmless against and from any claims or liabilities related to Licensee's activities on the Town Property. The grant of this license is made subject to the right of the Town to control the hours of use of the Town Property and to impose limitations on its use in connection with construction of the Main Street Project. 2. During the term hereof, Licensee shall maintain in effect Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations) and personal injury (including coverage for contractual and employee acts including liquor liability or dram shop coverage). The policy shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. Certificates of insurance issued by the insurer shall be filed with the Town within 10 days after the date this Agreement is entered into by Licensee, and this Agreement shall not be effective until such certificate is received and approved by the Town. 3. Licensee shall keep and maintain the Town Property in a good, clean and healthful condition, making repairs as necessary at its sole cost and expense. Licensee shall be responsible for snow removal at its sole cost and expense. Licensee may, with consent of the Town staff and at its sole cost and expense, at any time and from time to time make such alterations, changes, replacements, improvements and additions to the Town Property as it may deem desirable. Any such replacements, improvements and additions shall comply with applicable law and ordinance, including the Americans with Disabilities Act. 4. The term of this Agreement shall commence as of the date first written above and shall continue so long as Licensee holds a liquor license from the Town ("the Term"). Notwithstanding the foregoing, the Town may terminate this Agreement on ninety days written notice to Licensee. Upon termination and if required by the Town, Licensee shall restore the Town Property to its original condition. Licensee shall maintain on deposit with the Town a restoration bond in the amount of $5,000. 5. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth above, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 6. All terms and conditions of this Agreement are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non -defaulting party shall give the defaulting party written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than 10 days thereafter to cure the default, then the non -defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. 7. The waiver by any party to this Agreement of a breach of any term or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach by any party. 8. Neither party to this Agreement shall transfer or assign any interest in the Town Property without first obtaining the written consent of the other party. TICINO, LLC By: TOWN OF AVON By: Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO COUNTY OF EAGLE Subscribed and sworn to before me this day of , 2008, by as of Ticino, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF EAGLE ) ) ss. Notary Public The foregoing document was subscribed and sworn to before me this day of , 2008, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon. My commission expires: Witness my hand and seal. Notary Public Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer�(4Atk Shane Pegram, Engineer II Date: May 07, 2008 Re: HP Geotech Proposal for Soil Boring and Asphalt Coring on Hurd Lane Summary: Town staff requested that HP Geotech provide a proposal (Exhibit A) for testing the existing subgrade on Hurd Lane. HP Geotech's geotechnical investigation proposal, dated April 23, 2008, includes coring existing asphalt and soil borings beneath the existing asphalt. Staff recommends approval of HP Geotech's proposal for the sum of $6,200. Previous Council Action: The current Project Budget for the 2008 Street Improvements is $375,000. On April 22, 2008, Council approved Change Order 003, which included asphalt resurfacing of Sun Road and Longsun Lane. Change Order 004 will include pavement striping and required sidewalk work on West Beaver Creek Blvd. Staff expects adjacent property owners to reimburse the Town $23,500 for sidewalk replacement on Sun Road and West Beaver Creek Blvd. Background: The 2008 Street Improvement project original scope of work included asphalt milling and overlaying of Hurd Lane. A walkthrough of Hurd Lane was conducted by Public Works and Engineering staff during the month of April to determine the roadway's current condition. The walkthrough revealed extensive "alligator" cracking and settling of the roadway and its adjacent curb & gutter and sidewalks. The existing conditions prompted staff to remove Hurd Lane from the 2008 Street Improvements project to allow further investigation of the road's existing conditions. Discussion: The "alligator" cracking and settling of the roadway leads staff to believe that the subgrade beneath the existing asphalt is in very poor condition. Staff experienced a similar situation during the 2007 Eaglebend project. Staff expects the existing subgrade will need to be excavated and replaced prior to applying a new asphalt surface. HP Geotech has completed a walkthrough with Town staff and provided a proposal for work to evaluate the existing subgrade condition. The proposed work includes coring the existing asphalt in 7 locations and 4 to 5 foot deep soil borings beneath each of those locations. Staff recommends approval of HP Geotech's proposal for the sum of $6,200. Financial Implications: The proposed project budget is shown below: Sun Road, Longsun Lane, and West Beaver Creek Blvd. Construction $ 325,000 Project Administration 4,000 Hurd.Lane Geotech Investigation 6,200 Contingency 35000 Total Recommended Project Budget $ 370,200 Recommendation: Approve the proposal, dated April 23, 2008, from HP Geotech in the amount of $6,200 for geotechnical investigation of Hurd Lane. Proposed Motion: I move to approve HP Geotech's proposal, dated April 23, 2008, for geotechnical investigation of Hurd Lane for a fee not to exceed $6,200 without prior written approval. Town Manager Commen NOTES: Exhibit A — HP Geotech proposal, dated April 23, 2008 • Page 2 HEPWORTH - PAWLAK GEOTECHNICAL April 23, 2008 Town of Avon Attn: Shane Pegram P. O. Box 975 Avon, Colorado 81620 1-ieI worth -I i vlak Genrc•chnicaI. Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 90.945.7938 Fax: 970,945.8454 email: hpget 4hrig otech.ccma Proposal No. 063-08 Subject: Proposal for Subsoil Study for Pavement Section Design, Proposed Improvements to Hurd Lane, Avon, Colorado Dear Shane: We are pleased to submit this proposal to conduct a subsoil study at the subject site. The proposal is based on our discussions and meeting at the site with you on April 16, 2008, and our experience in the area. Hepworth-Pawlak Geotechnical previously performed a subsoil study for pavement thickness design for Stonebridge Road adjacent the east end of Hurd Lane, submitting our findings in a report dated June 14, 2005, Job No. 105 246. Project Data: The original plan was to overlay Hurd Lane between Stonebridge and Avon Roads. Due to the poor condition of the asphalt pavement surface in areas, it has been requested we evaluate the existing pavement section and subgrade conditions. Scope of Services: We propose to drill 7 borings along the existing roadway, coring the asphalt at the boring locations prior to the drilling. Both poor and fair pavement surface areas will be cored and drilled. We expect to encounter silty clay and some organic soils, possibly overlying dense coarse gravel with depth. The borings will be about 4 to 5 feet deep. The borings will be logged by a representative of our office and monitored for groundwater level. Asphalt and base course thickness of the existing pavement section at the boring locations will also be measured. Laboratory testing of samples taken from the borings and will be performed to determine their engineering characteristics, and on the individual asphalt cores to determine their density as feasible. The information obtained from the field and laboratory testing will be analyzed and a report prepared discussing our findings and providing recommendations for asphalt pavement section thickness design including compaction of earthwork and surface and subsurface drainage as needed. Suitability of the existing pavement for overlay, and overlay thickness if determined to be feasible, will also provided. Cost: The total cost to perform the scope of services is estimated to he $6,200. The cost of the asphalt coring and unit weights is about $700 of the total cost. The fee will be based on the unit costs and other costs presented in the attached Fee Schedule. We will Parker 303-841-7119 • Colorado Springs 7 19-6.33-5562 a Silvertliorne: 970-468, 19 ) Town of Avon April 23, 2008 Page 2 not exceed the fee without justification and prior authorization. We assume the Town of Avon will waive the permit application fee for drilling in the roadway. Schedule: We propose to initiate our services within about lweek of notice to proceed. Preliminary design information should be available within about l week after completion of the field exploration and the report should be completed within another 1 to 2 weeks. We will keep you advised of our progress and any changes that are encountered. We will obtain a Town of Avon permit for the drilling, have underground utilities located in the areas of the borings prior to the drilling and use signage to control traffic during the drilling. The borings will backfilled and patched after the drilling. Terms and Conditions: On the reverse side of the Fee Schedule are our normal terms and conditions for performing professional services. Please note there is a limitation of liability clause included. Acceptance: If this proposal meets with your approval, please sign a copy and return it to us. If you have any questions, please contact the undersigned. Thank you for the opportunity of submitting this proposal. We are looking forward to working with you. Sincerely, HE7RTH - PAWLAK GEOTECHNICAL, INC. (9 David A. Young, P DAY/ksw Accepted this date: by: Signed Proposal No. 063-08 Ge tech Gea teCh p HEPWORTH - PAWLAK GEOTECHNICAL 2008 FEE SCHEDULE GLENWOOD SPRINGS PROFESSIONAL SERVICES HEPWORTH - PAWLAK GEOTECHNICAL, INC. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970.945-7988 Fax: 970-945-8454 e-mail: hpgeo@hpgeotech.com FIELD EXPLORATION Truck -mounted drill rig (Longyear BK-51HD or CME-45B) $150/hour Mobilization $4.00/mile All -terrain drill rig Cost + 20% Crew travel....$75/man/hour Special equipment (backhoe, drill bits, well supplies, etc.) Cost + 20% Field Engineer or Technician $75/hour Overtime (over 8 hours/day, Saturday, Sunday and Holidays) 1.5 x hourly rate LABORATORY TESTING Fee schedule available on request. CONSTRUCTION OBSERVATION AND MATERIALS TESTING Fee schedule available on request. ENGINEERING (Includes project planning, administration, analysis, consultation, report preparation, field and travel time. Expert witness service has a 50% premium hourly rate.) Principal $160/hour Project Manager $130/hour Senior Project Engineer/Geologist $110/hour Project Engineer/Geologist $100/hour Staff Engineer/Geologist $90/hour CAD/Drafting $75/hour Word Processing $55/hour OTHER DIRECT CHARGES Auto or pickup mileage $.70/mile Out of town living expenses, equipment rental, supplies, etc Cost + 20% REMARKS Late fee of $30.00 or 1.5% per month (whichever is th.e greater) charged 30 days from invoice date plus collection costs, bank charges and reasonable attorney's fees. Up to 3 copies of report provided for each project Minimum 2 hour trip charge per day for field engineer or technician. Terms and Conditions on Book Effective January 1, 2008 40F -21 - TERMS AND CONDITIONS STANDARD OF CARE: Services performed by HEPWORTH-PAWI.AK GEOTECHNICAL, INC. (also referred to as HP GEOTECH) under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. No warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The client recognizes that subsurface conditions may vary from those encountered at the location where borings, tests or explorations are made by HP GEOTECH and that the data, interpretations and recommendations of HP GEOTECH are based solely upon the data available to HP GEOTECH. HP GEOTECH will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. LIMITATION OF LIABILITY: The client agrees to limit the liability ofHP GEOTECH and its employees, directors, officers and subconsultants (collectively "HP GEOTECH") to the client, arising from or in any way related to the Project, theAgreement or the services performed, such that the total aggregate liability of HP GEOTECH to the client shall not exceed the greater of $50,000 or HP GEOTECH's total fee received for the services rendered on this Project. Client hereby releases HP GEOTECH from any liability above such amount. This limitation of liability shall apply to any and all claims for relief made or which could be made. CORPORATE PROTECTION: Client agrees its sole and exclusive remedy, if any, for any claim arising out of the services of HP GEOTECH shall be against HEPWORTH-PAWLAK GEOTECHNICAL, INC. and not against any individual employees, officers, owners or directors of HEPWORTH-PAWLAK GEOTECHNICAL, INC. SITE ACCESS: Unless otherwise agreed, the client will furnish HP GEOTECH with right -of -access to the site in order to conduct theplanned exploration. While HP GEOTECH will take reasonable precautions to limit damage to the property, it is understood by the client that in the normal course of services some damage may 000ur, the restoration of which is not part of this Agreement and shall not bo the obligation of HP GEOTECH. Unless otherwise agreed, the client will secure all necessary approvals, permits, licenses and consents necessary to the performance of the services hereunder. UTILITIES: In the performance of its services, HP GEOTECH will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hold HP GEOTECH harmless and indemnify BP GEOTECH for any claims, payments or other liability, including attorney's fees and costs, incurred by HP GEOTECH for any damages to subterranean structures or utilities which are not called to HP GEOTECH's attention and correctly shown on the plans furnished to HP GEOTECH. UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to advise HP GEOTECII of any known or suspected hazardous substances which may exist on or near any premises upon which services are to be performed by HP GEOTECH's employees, agents or subcontractors, If HP GEOTECH observes or suspects the existence ofunanticipated hazardous materials during the course of providing services, HP GEOTECH may at its option terminate further services on the project and notify client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfaction of HP GEOTECH, HP GEOTECH may at its option terminate this contract. MOLD or OTHER BIOLOGICAL CONTAMINANTS (MOBC): HP GEOTECH's services do not include determining the presence, prevention or possibility of MOBC developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. INVOICES: HP GEOTECH will submit invoices to the client monthly and a final bill upon completion of services. Unless otherwise noted, fees will be based on the prevailing Fee Schedule in effect when the services are performed. Payment is due upon presentation of invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a late fee of $30.00 or one and one half percent (11/z%) per month (whichever is the greater) on past due accounts. Client also agrees to pay, in addition to judgement or settlement sums due, all costs and expenses including court costs, reasonable attorney's fees and staff time computed according to HP GEOTECH's prevailing Fee Schedule incurred by HP GEOTECH relating to collection procedures on overdue accounts. OWNERSHIP OF DOCUMENTS: All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by HP GBOTECH as instruments of service shall remain the property of HP GEOTECH. HP GEOTECH shall retain all common law, statutory and other reserved rights, including the copyright thereto. SAMPLES: HP GEOTECH will retain all soil and rock samples that are transported to HP GEOTECH's laboratories until submission of the project report. Further storage or transfer of samples can be made at client's expense upon written request. DISPUTE RESOLUTION: All claims and disputes between HP GEOTECH and client arising out of or in any way related to this Agreement will be submitted to mediation before and as a condition precedent to other remedies provided by law. VENUE: If a dispute at law arises related to the services provided under this Agreement then the claim will be brought and tried in a Court of competent jurisdiction in the county where HP GEOTECH's principal place of business is located. NO THIRD PARTY BENEFICIARIES: Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of any third party against either HP GEOTECH or client. TERMINATION: In the event of termination of the Agreement by either party, the client shall within fifteen (15) calendar days of termination pay HP GEOTECH for all services rendered and all reimbursable costs incurred by HP GEOTECH up to date of termination, in accordance with the payment provisions of this Agreement. HP GEOTECH shall have no liability to the client and the client agrees to make no claim for any delay or damage as a result of such termination caused by any breach of this Agreement by the client. Effective January I, 2008 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineerrc(( Shane Pegram, Engineer II Date: May 7, 2008 Re: Change Order 004 - 2007 Annual Street Improvements Summary: Change Order 004 (Exhibit A) to the 2007 Street Improvements Project is for including pavement striping and required sidewalk work on West Beaver Creek with the 2008 Annual Street Improvements. Staff recommends approval of Change Order 004 in the sum of $79,009.24. Previous Council Action: November 14, 2006 March 27, 2007 May 8, 2007 May 22, 2007 November 11, 2007 January 8, 2008 April 22, 2008 Design contract for the 2007 Annual Street Improvements Project (Wildridge Road West, Wildridge Road East, Saddleridge loop, and West Beaver Creek) awarded to Intermountain Enginering (IME). Construction contract for the 2007 Annual Street Improvements Project awarded to B&B Excavating. Wildridge East removed from contract due to budget constraints. Wildridge Road West removed from contract to allow further investigation into including a pedestrian lane along its full length. Staff directed to replace work with alternate overlay projects. Approved Change Order 001 — Removal of Wildridge Road West, addition of overlays for Long Spur and Fox Lane, and Beartrap Road travel lane narrowing and pedestrian lane addition. Approved Change Order 002 — Adjustment of 2007 final quantities. IME's contract for redesign of Wildridge Road West approved. Approved Change Order 003 - 2008 Annual Street Improvements, including Wildridge Road East, Wildridge Road West, Longsun Lane and Sun Road. West Beaver Creek Blvd overlay was removed from the change order. Discussion: The 2008 Annual Street Improvements Project is comprised of the Wildridge Road East and West (Wildridge Loop) asphalt overlay/lane narrowing and pedestrian lane addition, Longsun Lane asphalt overlay, and Sun Road asphalt overlay. The West Beaver Creek Blvd overlay from Avon Road to Benchmark Road was removed from Change Order 003 by Town Council in order to await the results of the Transportation Master Plan. The current staff recommendation is to only complete work on curb and gutter, sidewalks and curb ramps to make them ADA compliant. Also, milling and pavement striping are proposed on West Beaver Creek Blvd. to allow parallel parking in front of the Sheraton and US Post Office. Staff recommends approval of Change Order 004 in the sum of $79,009.24. Financial Implications: The current Project Budget for the 2008 Street Improvements is $375,000. On April 22, 2008, Council approved Change Order 003, which included asphalt resurfacing of Sun Road and Longsun Lane. Change Order 004 will include pavement striping and required sidewalk work on West Beaver Creek Blvd. Staff expects adjacent property owners to reimburse the Town $23,500 for sidewalk replacement on Sun Road and West Beaver Creek Blvd. The proposed Street Improvement project budget, after Change Order 004, is shown below: Sun Road, Longsun Lane, and West Beaver Creek Blvd. Construction $ 325,000 Project Administration 4,000 Hurd Lane Geotech Investigation 6,200 Contingency 35 000 Total Recommended Project Budget $ 370,200 Recommendation: Approve Change Order 004 to the contract with B&B Excavating in the amount of $79,009.24. Proposed Motion: I move to approve Change Order 004 to the original contract with B&B Excavating in the amount of $79,009.24. Town Manager Comments: NOTES: Exhibit A — Change Order 004 • Page 2 CHANGE ORDER Order No.: 004 Date: May 8, 2008 Agreement Date: April 4. 2007 NAME OF PROJECT: 2007 Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Oldcastle SW Group, Inc. dba B&B Excavating The following changes are hereby made to the CONTRACT DOCUMENTS: See Exhibit A Justification: Change Order 004 to the 2007 Street Improvements Project is for including pavement striping and required sidewalk work on West Beaver Creek Blvd. with the 2008 Annual Street Improvements Change to CONTRACT PRICE: $79,009.24 Original CONTRACT PRICE: $599,688.94 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $1,930,317.40 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $79,009.24 The new CONTRACT PRICE including this CHANGE ORDER will be $2,009,326.64 Change to CONTRACT TIME: N/A CO -1 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 III. Vt 1'.11 I.I 1 Av jJil N COLORADO TauncfAai PA. Brxc575 400 B3ichmkRoxl Awn, Cbbracb81G20 X748-4005 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: May 7th, 2008 Regarding: Member designation for UERWA We have received a request from Jim Collins to take the action represented in the attached Resolution 08-17, a resolution which will affirm the Town representatives to the Upper Eagle Regional Water Authority. As you know, every two years the special districts throughout the State have elections in May. Since most of the members of the Authority are special districts, the UERWA schedules reappointment of members for mid May. Jim is requesting that we take the action of approving the attached resolution as a convenient time to affirm the membership of the entire board. Recommended Action: Approve Resolution No. 08-17, Series 2008 TOWN OF AVON, COLORADO RESOLUTION NO. 08-17 SERIES OF 2008 RESOLUTION OF PARTICIPATING MEMBER APPOINTING REPRESENTATIVES TO UPPER EAGLE REGIONAL WATER AUTHORITY BE IT RESOLVED, by the Council Members of the Town of Avon that its designated principal member of Upper Eagle Regional Water Authority (who is a member of Avon's Town Council) shall be: Brian Sipes BE IT FURTHER RESOLVED that the designated alternate members to serve in the absence of the above -designated principal member shall be: 1St Alternate: Tamra Underwood BE IT FINALLY RESOLVED that those persons shall serve as Town of Avon's designees until further written notice from the Town of Avon. ADOPTED this 13th day of May, 2008. TOWN OF AVON Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk (00083352.DOC I) HEAR it th, VALLEY TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, MAY 13, 2008 MEETING BEGINS AT 2:15 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD puoi 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 2:15 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 2:15 PM - 2:45 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES a. Avon 21 Project Update (Eric Heidemann, Assistant Town Manager Community Development) Applicant EAH, LLC submittal of Avon 21 PUD for rezoning into a new PUD and concurrent preliminary plan for subdivision b. Village at Avon Filing 3, Tract H and Tract B Grading Permit (Eric Heidemann, Assistant Town Manager Community Development) CDOT request for an asphalt batch plant within the Village at Avon; review of grading permit c. Lake Street Public Improvements Schedule Update (Jeff Schneider, Project Engineer) d. Main Street Design Update (Justin Hildreth, Town Engineer) e. Transportation Master Plan Update (Justin Hildreth, Town Engineer) 2:45 PM — 3:00 PM 3. W. BEAVER CREEK BLVD. ON -STREET PARKING (Justin Hildreth, Town Engineer) Review of delaying overlay and proposed parallel parking spaces 3:00 PM — 3:30 PM 4. MEDIA IMPROVEMENTS FOR TOWN COUNCIL MEETINGS (Becky Lawlor, Community Relations Officer) Review of media improvements package for Town Council meetings and other meetings & events the town may want to film, broadcast and provide access via the web 3:30 PM — 3:45 PM 5. PLANNING & ZONING COMMISSION INTERVIEW (Eric Heidemann, Assistant Town Manager Community Development) Interview with Leslie Roubos to fill a vacancy which exists for one-year appointment 3:45 PM —4:45 PM 6. EXECUTIVE SESSION a) pursuant to CRS 24-6-402(4)(a) regarding water rights and b) pursuant to CRS 24-6-402(4)(b) to confer with town attorney regarding (i) pending litigation and (ii) the Avon Town Center Mall 4:45 PM 7. ADJOURNMENT & BRIEF BREAK Avon Council Meeting.08.05.13 Page 1 of 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Manager Date: May 13, 2008 Council Meeting Re: AVON COLORADO Staff Update on the Avon 21 Planned Unit Development (PUD) and Preliminary Plan for Subdivision Applications (PUD08001 & SNW08004) for a Proposed Development Site Consisting of the Following Properties: Lots 21, 65A, 65B, Tract TK-3, Benchmark at Beaver Creek Subdivision & The Annex Summary: The applicant, EAH, LLC, has submitted concurrent applications for a Rezoning into a new PUD and concurrent Preliminary Plan for Subdivision for the properties referenced above on February 6, 2008. After a thorough completeness review and corresponding letter to the applicant regarding insufficient or additional information required, Staff found the applications to be complete on May 6, 2008, and sent a letter to the applicant's representative, Pedro Campos of Vail Architecture Group, Inc. The subject applications are tentatively scheduled for review at the regularly June 3, 2008, Planning and Zoning Commission meeting. Planning and Engineering Staff are available to answer any questions of Council regarding the details of the applications referenced in this memorandum. Town Manager Comments: Lam; HEART of the VALLEY Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Manager Date: May 13, 2008 Council Meeting Re: AVON COLORADO Resolution No. 08-15, a Resolution to Adopt the Avon East Town Center District Plan Dated May 1, 2008, as Written and Attached Hereto, and Setting Forth Details in Regard Thereto Summary: The attached final draft of the East Town Center District Plan (the Plan) represents the edited version of what Council has already seen with an incorporation of the cumulative edits, comments and other input received to date on the Plan. Staff is bringing this document forward to Council with Resolution No. 08-15 for formal approval and adoption as a district plan to be used in concert with the West Town Center District planning documents and the 2006 Town of Avon Comprehensive Plan. Background: The Comprehensive Plan acknowledges the importance of district planning, and the redevelopment opportunities that exist in both the West and East Town Center Districts. The East Town Center District is recognized as a fragmented area, which lacks strong automobile and pedestrian connections. Policy C.4.1 in the Comprehensive Plan states: "Develop a detailed District Master Plan for the East Town Center District identifying parcel configurations and new automobile and pedestrian circulation alignments to increase the district's viability." In response to Policy C.4.1, and the Implementation Matrix found in the Comprehensive Plan, there was a joint work session conducted in April, 2006 with the Planning and Zoning Commission, Town Council, and interested property owners in the district. Design Workshop was contracted in June, 2006 to conduct a planning and design Charrette for this district. The Charrette concept was discussed as a `front end' discovery to a more detailed sub -area plan for the district area. Following the Open House, which culminated the week long Design Charrette, Design Workshop was contracted to complete the master plan for the East Town Center District. It became apparent during the aforementioned Charrette process that there existed a substantial level of interest in the project continuing to the next level of detail. The Planning and Zoning Commission directed Staff and the design team at the February, 2007 meeting to move forward with the alternative presented; build flexibility into the plan to accommodate obstacles to the implementation of road realignments; and to put together a sketch up model inclusive of the Town Center West District planning documents, the East Town Center Plan, and the Riverfront Village PUD. All input to date was considered within the draft plan dated September 11, 2007. At the July 31, 2007 "special meeting" (not regularly scheduled) of the Planning & Zoning Commission, Staff was directed to pursue a three-dimensional, computer generated model to depict how the properties located within the defined East Town Center District Plan might be developed under existing zoning. Following this meeting, staff brought a contract from Ago Studios to Council on November 13, 2007 for approval and signature to perform the work described above. On December 11, 2007, Chris Green, of Ago Studios, presented a completed three- dimensional model to Council at the regularly scheduled work session and compared the current draft of the East Town Center District Plan for the "recommended" massing of buildings versus what might be possible under existing zoning, assuming design approval has been granted to maximize all allowable development standards under existing zoning. Over the past several months, Staff has been editing text, replacing images, and reformatting the document in order to maintain a high level of quality comparable to the Town Center West planning documents and the 2006 Town of Avon Comprehensive Plan. Staff Recommendation: Staff recommends the Avon Town Council approve Resolution No. 08-15 as written and attached hereto. Town Manager Co ; ments: Attachments: Resolution No. 08-15 East Town Center District Plan, Final Draft, May 1, 2008 East Town Center District Plan / Final Draft, Hearing Date: May 13, 2008 TOWN OF AVON RESOLUTION NO. 08-15 SERIES OF 2008 A RESOLUTION ADOPTING THE EAST TOWN CENTER DISTRICT PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the 2006 Town of Avon Comprehensive Plan recognizes the 'East Town Center District' as a key revitalization prospect for the community, with significant redevelopment opportunities; and WHEREAS, the 2006 Comprehensive Plan Implementation Matrix lists Policy C.4.1: Develop a detailed District Master Plan for the East Town Center District identifying parcel configurations and new automobile and pedestrian circulation alignments to increase the district's visibility; and WHEREAS, the Comprehensive Plan designates the East Town Center District as a High Priority for the Town, and the Plan includes several Goals, Policies, and Planning Principles relative to the implementation of a detailed District Plan; and WHEREAS, in July of 2006 the Town held a five day Community Charrette, where numerous stakeholder groups, property owners, and citizens were given a chance to help develop a vision for the East Town Center District; and WHEREAS, the Planning & Zoning Commission is appointed by the Town Council to make and recommend plans for the physical development of the Town, subject to the approval of the governing body; and WHEREAS, the Planning and Zoning Commission reviewed the East Town Center District Plan and on July 31, 2007, made a unanimous recommendation for approval to the Town Council; and WHEREAS, the Town Council has reviewed the attached East Town Center District Plan ("Exhibit A") as prepared by Design Workshop, and revised by Town Staff; NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby approves and adopts the East Town Center District Plan, dated May 1, 2008 (Exhibit A). ADOPTED THIS DAY OF MAY 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk F.•ICouncillResolutions120081Res 08-15 East Town Center District Plan Adoption.doc District Plan May 1, 2008 District Plan Avon East Town Center May 1, 2008 Town Council Ron Wolfe, Mayor Brian Sipes, Mayor Pro Tem Richard Carroll, Councilor Dave Dantas, Councilor Kristi Ferraro, Councilor Amy Phillips, Councilor Tamra Nottingham Underwood, Councilor Planning and Zoning Commission Chris Evans, Chairman Phil Struve, Secretary Julia Foster, Commissioner W. Todd Goulding, Commissioner Christopher Green, Commissioner Andrew Lane, Commissioner Scott Prince, Commissioner Community Development Department 970-748-4030 Town of Avon PO Box 975 Avon, CO, 81620 Prepared By: DESIGN WORKSHOP 970-925-8354 120 East Main Street Aspen, Colorado 81611 www.designworkshop.com Avon East Town Center District Plan1 Dramatic changes to Avon began in 2005 and 2006 when plans such as the redevelopment of The West Town Center District, the Transit Center, and Riverfront Village were forming. It became clear that this was also the time to plan for the transformation of The East Town Center District. Revitalization would contribute to the enhancement of the overall character, circulation, community services, and economic viability of Avon. The intent of The East Town Center District Plan (The Plan) is to guide public and private redevelopment projects in the East Town Center District. This document, in conjunction with Avon’s Comprehensive Plan, will be used as a decision-making tool by the elected and appointed officials, as a visioning tool for landowners and developers, and as a guide for future capital improvements in The East Town Center District. The implementation of The Plan will likely occur over a long period; however, redevelopment may take longer for certain properties. The rate of redevelopment will be driven primarily by private landowners. If the Town wishes to increase the pace of implementation, there are several tools at its disposal. These tools include regulatory and economic incentives as well as partnership with local landowners. This District Plan describes the events leading to the formation of this plan, analyzes the opportunities and constraints of redevelopment, identifies proposed changes, and proposes implementation. The massing diagrams, figures showing building footprints and calculations, aid in describing the vision for the overall District and in showing the comprehensive impact of these planning principles. Alternative building shapes will be considered if they meet the intent of planning principles. DISTRICT PLAN INTENT CHAPTER 1: INTRODUCTION View of the East Town Center District from Interstate 70. Construction underway throughout Avon, including the gondola within The West Town Center District, is an indication that planning the redevelopment of the central core is necessary to contribute to the continued vitality of the Town. The Plan is not intended to prescribe the physical form that individual property owners must create, but rather it is intended to provide guidance with general planning principles. Avon East Town Center District Plan2Avon East District Plan22 Avon East Town Center District Plan 2 This District Plan works with the following documents to describe a vision, define goals and policies, and set a course for implementation of The Plan: Town of Avon Municipal Code1. Town of Avon Residential, Commercial, and Industrial 2. Design Review Guidelines Town of Avon Comprehensive Plan3. West Town Center Investment Plan4. Town Center West Area Urban Renewal Plan5. Avon Housing Needs Assessment6. Anyone interested in knowing more about the future of the East Town Center should become familiar with all of these documents. INTRODUCTION RELATIONSHIP TO TOWN-WIDE PLANS Inte r s t a t e 7 0 WEST TOWN CENTER THE VILLAGE AT AVON NORTH EAST TOWN CENTERRIVER- FRONT VILLAGE NOTTINGHAM STATION Av o n R o a d Riv e r Railr o a d The Community Development Staff is available for questions regarding The Plan and can be reached at: Town of Avon PO Box 975 Avon, CO 81620 (970) 748-4030 info@avon.org Documents can be found online at www.avon.org The East Town Center District is located in the commercial core. Avon East District Plan3Avon East Town Center District Plan 3 DISTRICT DESCRIPTION Avon has traditionally been the gateway to Beaver Creek Resort, serving as a bedroom community for Beaver Creek and Vail employees and as a service provider for the two resorts. The East Town Center District’s retail character fits this role, with an emphasis on providing service and retail options that are unavailable at the resorts. Further east of Avon’s existing East Town Center District is the Village at Avon PUD. The Village at Avon has entitlements to develop 2,400 dwelling units and 650,000 square feet of commercial development on 1,790 acres. Wal-Mart and Home Depot, located approximately one mile to the east, are the major anchor tenants of this regional shopping destination. The West Town Center District, on the west side of Avon Road, provides retail services, residential, lodging, civic buildings, and a public park. The Riverfront Village, currently under construction, includes a resort, spa, and vacation residences. Nearby Nottingham Station contains convenience retail and condominiums. The East Town Center District is bounded by 1-70 to the north, Avon Road to the west, and railroad tracks to the south. To the east, The East Town Center District is separated by undeveloped lots that form the western-most portion of the Village at Avon. This Plan was created to work in concert with the surrounding areas and existing development plans. Of the 37 acres of land that comprise The East Town Center District, approximately 8.5 acres are public road right-of-way, 1.5 acres are open space that buffer Avon Road and the railroad tracks, and 12.2 acres are at-grade parking or vehicular access drives. Therefore, approximately 56 percent of The East Town Center District is covered by paved surface designed for vehicular use. The primary land-use in The District is retail and office with approximately 358,000 square feet of existing commercial space (8.22 acres) and 390 condo units. INTRODUCTION INTRODUCTION The Westin Riverfront Village is a key anchor of the West Town Center. Guests at the Village will increase shopping and pedestrian traffic in both the West and East Town Centers. The East Town Center District currently contains a large amount of at-grade paved parking. This land could be better utilized for other uses and parking could be built underground. Avon East Town Center District Plan4 The buildings within the District were constructed between 1975 and 1999, the majority of which were constructed in the 1980s. HISTORY NORTH By 1972, Vail had become one of the top destination ski resorts in the country, causing development pressure to mount “down valley” in Avon. One branch of the Nottingham family sold its controlling interest in the family ranch to Benchmark Companies. The Town of Avon was incorporated shortly thereafter on February 24, 1978. Later that same year, the Town adopted the official town plat, Benchmark at Beaver Creek, Replat No. 4. This plat includes all of the properties in The East and West Town Center Districts. After ten years, in 1988, Avon had a permanent population of 1,500 people. There have been several changes since the original Benchmark Subdivision. For example, the Christie Lodge property was originally five platted properties and was later consolidated into one. Beaver Creek Place was platted (on the Benchmark at Beaver Creek Subdivision) as a cul-de-sac road but was later turned into a loop connecting with Beaver Creek Boulevard. Chapel Place is a fairly recent connection through The East Town Center District. INTRODUCTION Avon East District Plan5Avon East Town Center District Plan 5 Below is a summary of current and existing conditions considered during the planning process: LAND USE • The Town Comprehensive Plan recommends an increase in residential uses in The East Town Center District. Due to current low-density development patterns, there are opportunities to accommodate this goal. • The East Town Center District does not promote pedestrian access nor does it contain housing opportunities. • The East Town Center District includes, or is in close proximity to, existing anchor uses such as the grocery store, post office, library, recreation center, and local businesses. • The multiple retail areas within the town make it difficult for Avon to establish a singular image or presence in the eyes of the full-time residents, as well as second homeowners and visitors. • The retailers and restaurants (both chains and locally owned) tend to be positioned at the middle tier of the market in order to attract full-time residents. This focus limits its attractiveness to higher-income markets. • The numerous professional service providers located in The East Town Center District generate retail business during the day, but fail to generate activity in the evenings. • The retail mixes within The East Town Center District are missing key elements such as entertainment uses and a variety of retail options, as well as certain grades of office spaces. PEDESTRIAN AND VEHICULAR CIRCULATION • Pedestrian circulation is improving throughout Avon with the addition of a transit station, gondola, and many redevelopment projects surrounding the District, but remains confusing and disconnected. • The rail corridor is planned to serve as a transit/trails corridor in the future. • The transit center located in the nearby West Town Center District provides service to the entire valley. • Poor connections between multiple retail areas within the town discourage people from taking combined trips (“park once, shop many”). • The street pattern in The East Town Center District is confusing, has diminished sight corridors, lacks a hierarchy, and does not entice people out of their cars to experience the entire Town Center. • The separate highway interchange for the Village at Avon increases the separation between the Village at Avon retailers and The East Town Center District. PLANNING CONSIDERATIONS INTRODUCTION The street pattern in the East Town Center District is confusing and does not entice people out of their cars. The new Avon Station, a multi-modal transportation center, in the adjacent West Town Center District has helped to improve pedestrian circulation throughout Avon. Avon East Town Center District Plan6 PARKING • The town ownership of a portion of the central parking area allows for redevelopment and creation of a central plaza. • Large expanses of parking allow for phased redevelopment. • The District has a lack of on-street parking and more is needed. DISTRICT CHARACTER • Redevelopment potential in The East Town Center District provides opportunity for developing a complimentary architectural character consistent with the town’s Design Guidelines. • Development currently underway in areas surrounding The East Town Center District allows for a comprehensive approach to town planning. • Views of the surrounding mountains make The East Town Center District a unique place and provide important view corridors. Without specific attention paid to the views, they are in danger of being blocked by redevelopment. • The current construction quality does not suggest long-term sustainability of the buildings. IMPLEMENTATION • Given proper incentives, most existing property owners are more likely to support the redevelopment plan. • Development occurring in areas surrounding The East Town Center District and new access to Beaver Creek via the gondola are raising property values and interest in living in the East Town Center District. • Current development standards (e.g., parking requirements, setbacks, lot coverage) discourage redevelopment. • The Town owns strategic parcels, which are key to redevelopment. PLANNING CONSIDERATIONS INTRODUCTION Currently, the East Town Center has excellent mountain views throughout. It is important as redevelopment occurs to protect key view corridors. The new Riverfront Gondola, which provides direct access to Beaver Creek Resort from Avon is increasing property values and makes Avon a more appealing place to live for residents as well as second homeowners. Avon East Town Center District Plan 7 A successful master plan could not be crafted without input, support, and buy-in from the community, property owners, business managers, Town of Avon staff and elected officials, and service providers. Throughout the process, meetings were conducted involving an array of stakeholders interested in the design process. Conceptual options were developed and evaluated. A five-day charrette kicked off The East Town Center District Plan process in July 2006. Stakeholders, including representatives from nearly every property in the District, were interviewed. The charrette concluded with an open house attended by nearly fifty participants. Four concepts for The East Town Center District were developed during the week and unveiled for comment at the open house. The concepts illustrated a variety of alternative circulation patterns, redevelopment opportunities, and central- plaza designs and locations. In November 2006, the Planning and Zoning Commission gave direction on how to proceed with a refined alternative, modifying Alternative Three (see page 10). The refined alternative was presented at a January 2007 open-house meeting. The refined alternative illustrated input from the Planning and Zoning Commission, direction from the market investigation, and additional design details. Most of the property owners in The East Town Center District attended the meeting and supported the refined alternative. Several landowners are integral to the implementation of The Plan and efforts have been made to encourage their cooperation and coordination on design visions and implementation. PLAN DEVELOPMENT INTRODUCTION Property owners, town staff, and members of the general public provided input regarding the conceptual design diagrams at the charrette open house. Key stakeholders provided their thoughts regarding opportunities in The District. INTRODUCTION Avon East Town Center District Plan8 CHARRETTE INTRODUCTION Quick drawings were produced in the charrette to examine elements such as: • continuation of Main Street • land uses • massing and form • open-space relationships • architectural character • sreetscape improvements • circulation and transportation • parking Development Concept Diagram Circulation Diagram SECTION HEADER Avon East Town Center District Plan 9 CHARRETTE INTRODUCTION Based on public comments, a perspective sketch conveying conceptual massing and street character was developed during the charrette. Building character drawings illustrate possibilities for the future of The District. Comments from stakeholders that contributed to the architectural character developed include: • natural materials • human scale • contemporary style • covered walks • articulation • evolution to more urban architecture • slightly different than the West Town Center • allowance of green roofs Avon East Town Center District Plan10 ALTERNATIVES INTRODUCTION Alternative 1 Alternative 2 Alternative 3 Alternative 4 Four alternatives resulted from the charrette. Based on comments from the attendees of the charrette open house and the Planning and Zoning Commission, Alternative Three was chosen for further refinement for the following reasons: • it provides two access points off Avon Road through The East Town Center District; • it has a straight main street ending in a plaza; and • it moves Beaver Creek Boulevard north of the Christie Lodge, thereby incorporating a redeveloped Lodge into The East Town Center District concept. SECTION HEADER Avon East Town Center District Plan 11 ILLUSTRATION This chapter analyzes the existing conditions and describes the proposed Plan. The vision for The East Town Center District is conveyed through the following planning principles: • sustainable design • land use • pedestrian circulation • vehicular circulation • parking • district character • views • implementation CHAPTER 2: PHYSICAL PLAN Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. I-70 E. Beaver Creek B l v d . Chap e l P l a c e Main Street A v o n R o a d Beav e r C r e e k B l v d . Bea v e r C r e e k P l a c e . New C o n n e c t o r S t . City Market Chapel Square Village at Avon NORTH Avon East Town Center District Plan12 INTRODUCTION SUMMARY OF PLANNING PRINCIPLES SUSTAINABLE DESIGN 1. Utilize green-building practices. 2. Create environmentally superior development. LAND USE 3. Provide a mix of uses, including commercial, residential and lodging. PEDESTRIAN CIRCULATION 4. Ensure that pedestrians have safe and convenient access throughout The East Town Center District. VEHICULAR CIRCULATION 5. Maintain at least two access points from the west and east side of The District. 6. Maintain a dispersed circulation pattern through The District. 7. Create quiet, residential-scale pedestrian streets. PARKING 8. Provide on-street parking. 9. Minimize the impact of off-street parking lots. 10. Provide de-centralized parking garages. DISTRICT CHARACTER 11. Ensure the architectural character of The District complements the character emerging in The West Town Center District. 12. Ensure that buildings with mid-size retail uses fit the character of the area and support a pedestrian-friendly experience. 13. Encourage a high level of site planning and design to maximize public and semi-public pedestrian spaces. 14. Maximize solar exposure. 15. Define the plaza and other key pedestrian areas by framing these spaces with buildings. VIEWS 16. Maintain key views to and from The East Town Center District to provide visibility, orient people to their surroundings, and define the character of the spaces. IMPLEMENTATION 17. Focus municipal involvement on actions that produce the most public benefit. The following Planning Principles are explained in detail in each section. They communicate the vision for The East Town Center District, guide redevelopment, direct future capital improvements, and build expectations of the future changes to the District. Creating buildings that utilize green- building practices and reduce the environmental impacts of development are strongly encouraged. This type of on-street parking could be developed in the East Town Center District. Avon East Town Center District Plan 13 SUSTAINABLE DESIGN PLANNING PRINCIPLES 1. Utilize green-building practices. • Strongly encourage all new buildings to be LEED (Leadership in Energy and Environmental Design) certified with an emphasis on: - alternative energy - energy efficiency - stormwater management - water efficiency - renewable, recycled, and/or local materials 2. Create environmentally superior development. • Promote LEED Neighborhood Development standards with an emphasis on: - reduced automobile dependency - compact development - diversity of uses - diversity of housing - housing and jobs proximity - reduced parking footprint - walkable streets - access to surrounding vicinity - access to public and active spaces - solar orientation - infrastructure energy efficiency - recycled content in infrastructure - wastewater management - waste management The Planning Principles throughout this document will ensure that many of the LEED Neighborhood Development standards will be accomplished with the redevelopment of The East Town Center District. The Avon Town Center Design Guidelines also promote sustainable design practices. Visit www.avon.org for a copy of the Design Guidelines document. Avon East Town Center District Plan14 • Expand residential uses within The East Town Center District and create a comfortable environment for residents to live within. • Consider views, solar exposure, noise, and proximity to amenities when locating residential uses. Upper floors should primarily be used for residential space. • Ensure that affordable housing is integrated into The East Town Center District. • Expand and create housing options that strengthen full-time residency. Target households earning between 120 percent and 160 percent of the area median income (AMI) or the current Town Council directed AMI range. • Give preference to units with higher occupancy rates to reinforce the year- round vitality of The East Town Center District. • Allow first- and second-floor retail spaces (with internal circulation between the two levels). The second floor is encouraged to be considered flexible retail spaces allowing residential or office in addition to retail uses. This flexibility would allow mid-size retail spaces to either gain additional square footage or use the second level as increased floor to ceiling ratio. • Encourage land uses that create an extension of transit-oriented development of The West Town Center District. Much of The East Town Center District is within a five-minute walk of the new transit center and gondola. • Relate buildings to existing, approved, and planned adjacent uses pursuant to the Avon Comprehensive Plan. 3. Provide a mix of uses, including commercial, residential and lodging. PLANNING PRINCIPLES LAND USE Building articulation can express the division of uses within a structure. First floor retail space with office and residential uses above provides flexibility and increases the around-the- clock vitality of the area. Avon East Town Center District Plan 15Avon East Town Center District Plan15 LAND USE PLANNING PRINCIPLES • Encourage the continued presence of small and mid-size retailers. Plan for a minimum of three mid-sized commercial locations of 15,000 square feet to provide for the daily needs of residents as well as fill a niche in the valley. Mid-size retail spaces are under-represented in the Eagle Valley while competition for small retailers is significant. In addition, nationally known retailers to the east of the Town Center provide a desirable situation for mid-sized retailers, as they prefer to locate near anchors that generate traffic. • Avoid impairing the shopping path for retailers and create a continuous retail experience by minimizing large gaps in the retail frontage. However, small pedestrian portals are encouraged along the shopping path to improve accessibility and maintain a pedestrian scale. • Entice people to cross Avon Road by creating an attractive visual and physical connection, drawing people from one side to the other. Also, work with surrounding land owners to enhance crossings across Avon Road, connecting Main Street in The West Town Center District to Main Street in The East Town Center District. At-grade, below- grade, or above-grade crossings are all encouraged. • Focus retail commercial uses into the core of The East Town Center District, including the land surrounding the central plaza, Main Street, and a few existing anchor retailers. • Encourage quality design for spaces around and in between buildings to lessen the abundance of alleys. Mid-sized retailers can be an anchor for smaller retailers. A mix of uses with density that is convenient for pedestrians can make for a vibrant and comfortable streetscape. Avon East Town Center District Plan16 Avon East District Plan16Avon East Town Center District Plan 16 The residential and commercial land-use figures on the following pages divide The East Town Center District into four areas based on function: • Area 1 will be primarily residential with only a few buildings containing commercial uses on the lower floors. • Area 2 will continue to be destination retail with the grocery store acting as the anchor. Residential will become a component of this area, as will smaller retail uses. • Area 3 will continue to function as The East Town Center District’s entertainment area, with bars, restaurants, and coffee shop tenants that provide gathering spaces. Residential will be included on the upper floors. • Area 4 will be mixed use with retail uses on Main Street, including entertainment. Residential components are integrated in all buildings. Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 DISTRICT LAND USE AREAS LAND USE Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Understanding The East Town Center District’s current land use is an important first step to planning its future. SECTION HEADER Avon East Town Center District Plan 17Avon East District Plan This sketch depicts a concept established early on in the development of The Plan: the need to mix different uses and park space. The sketch is not intended to convey details (such as architectural features, a park amenity plan, or actual street dimensions) but to express how a compact development in the commercial core can create a lively space. LAND USE PARK PLAZA CONCEPT Avon East Town Center District Plan18 Christie Lodge City Market Chapel Square Residential land uses are limited in The East Town Center District to four parcels: the Christie Lodge, Buck Creek Plaza, Chapel Square, and City Market. The Christie Lodge is comprised of nearly 300 timeshare units. Each unit can have up to 52 owners (each week owned separately). Buck Creek Plaza includes six residential condos on the second and third floors. Chapel Square includes 69 condos above the first floor commercial. City Market includes 14 units of employee housing apartments in the second floor of the building. This is one of only two City Market buildings in the company’s entire portfolio of facilities that include employee housing. EXISTING RESIDENTIAL LAND USE Buck Creek Plaza LAND USE Avon East District Plan19Avon East Town Center District Plan 19 Increased residential use in The District is encouraged in the Avon Comprehensive Plan. The Plan provides potential for residential use in nearly every structure, resulting in a doubling of the total residential gross square footage. The Plan includes a variety of residential types, ranging from affordable housing to market rate. The market rate units could include condominiums, condo-hotel, and accommodation units. A preference should be given to units with higher occupancy rates to reinforce the year-round vitality of The District. It may be appropriate to place residence restrictions on portions of future housing to ensure permanent affordability for the local population. The second floor of mixed-use residential buildings includes flexible space. This flexible space could be commercial use or residential use, to be determined by the owner. This space may also be remodeled from one use to the other. The estimated square footage for residential and commercial uses constitutes a range to reflect the flexibility provided on the second floor. PROPOSED RESIDENTIAL LAND USE A substantial increase in residential land use is key to keeping The East Town Center District a vibrant place year- round. “Mountain living with an urban lifestyle” describes this residential district. It is a home for diverse groups of people who have one major commonality: the desire to live in the heart of the community center with a connection to the surrounding natural landscape. LAND USE Avon East Town Center District Plan20 LAND USE EXISTING RESIDENTIAL EXISTING RESIDENTIAL SPACE SUMMARY (gross sq. ft.) Total Area 1 298,000 Area 2 9,000 Area 3 - Area 4 72,000 Total Residential Space (approximate)379,000 Source: Design Workshop Chr i s t i e L o d g e Buck Creek Plaza City Market Chap e l S q u a r e Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 Existing Residential Area 1 Area 2 Area 3 Area 4 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. SECTION HEADER Avon East Town Center District Plan 21 City Market LAND USE PROPOSED RESIDENTIAL Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 PROPOSED RESIDENTIAL SPACE SUMMARY (gross sq. ft.) Total Increase from Existing Area 1 662,000 - 678,000 364,000 - 380,000 Area 2 94,000 - 115,000 85,000 - 106,000 Area 3 263,000 - 309,000 263,000 - 309,000 Area 4 368,000 - 431,000 296,000 - 359,000 Total Residential Space (approximate)1,387,000 - 1,530,000 1,008,000 - 1,151,000 Source: Design Workshop Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. The proposed residential square footage is based on the massing model and is an estimate only. Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 Proposed Residential Area 1 Area 2 Area 3 Area 4 Avon East Town Center District Plan22 The Retail Space table to the left represents the current best estimate of The East Town Center District’s tenant mix. The East Town Center District’s retail space has historically suffered from high vacancy rates, and many of the current retail spaces are in need of updating. Currently, retail vacancy is estimated at approximately 12 percent, and existing tenants are heavily weighted toward convenience retailers and miscellaneous middle-tier goods retailers that primarily target full and part-time residents. Office tenants in The East Town Center District are more diversified than retail tenants, with tenants weighted toward the finance, insurance, real estate, and construction-related categories. This is not unusual, and is a trend throughout the Eagle Valley due to the area’s economic dependency on the local real-estate market. The other category in The East Town Center District is well diversified, including a range of non-profit institutions, travel agencies, and fitness studios. Office vacancies are currently estimated at approximately 20 percent, a factor which may be related to the relative age and condition of much of The East Town Center District’s office space. EXISTING COMMERCIAL USE LAND USE The boat building is one of the few buildings in the District that is comprised of retail on the first floor and significant office space above. Existing Tenant Mix Avon East Town Center District Plan 23 The amount of space for commercial uses for existing and proposed conditions is roughly the same; however, the important principle in The Plan is to focus retail in centralized locations, make shopping in The East Town Center District convenient for pedestrians, and promote a park-once-shop-many experience. The East Town Center District will likely be redeveloped over time by individual property owners rather than by one master developer. Therefore, the proposed tenant-mix recommendations in the table to the right were formed by first identifying the existing segment areas of The East Town Center District and then improving upon current tenant patterns in these areas. The commercial mix is to stay roughly within the range of the existing commercial mix. The second-floor above ground is intended to be flexible, allowing for housing or office space. This flexibility creates a range in the amount of commercial space in The District. If none of the flexible second-floor space is used for commercial, there would be a five percent loss in commercial gross square footage (23,000 gross square feet less than existing). If all of the second-floor flex space is used for commercial, the existing commercial is increased by roughly one third (124,000 gross square feet more than existing). PROPOSED COMMERCIAL USE LAND USE Recommended Tenant Mix Flexible space (used for residential or office) was an idea that was conceived at the charrette. This illustration depicts this idea of flexibility and allows for adaptation to changing market demand or tenant desires. Flexible Space Flexible Space Avon East Town Center District Plan24 EXISTING COMMERCIAL SPACE SUMMARY (gross sq. ft.) Total Area 1 86,000 Area 2 43,000 Area 3 72,000 Area 4 139,000 Total Commercial Space (approximate)340,000 Sources: Town of Avon, Eagle County Assessor, and Design Workshop EXISTING COMMERCIAL USE LAND USE Area 2Area 1 Area 2Area 2 Area 2Area 4 Area 2Area 3 Existing Commercial Area 1 Area 2 Area 3 Area 4 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. SECTION HEADER Avon East Town Center District Plan 25 Current Tenants: Area 1 • Convenience-oriented - Video rental - Liquor - General merchandise - Dry cleaning - Banking - Take-out pizza - Nail salons • Limited specialty retail - Specialty foods - Sporting goods - Bakery • Primarily finance, insurance and real estate-related office tenants Current Tenants: Area 3 • Entertainment - Bar/Pub/Casual dining - Coffee shop - Family dining • Secondary convenience-oriented - Nail salon/Dry cleaner • Construction-related office tenants • Business support office tenants • Limited medical office - Massage therapy - Dentistry EXISTING COMMERCIAL USE LAND USE Current Tenants: Area 2 • Limited retail - Grocery anchor - No associated in-line retail • Banking • Finance and business services office tenants Current Tenants: Area 4 • Concentration of restaurant tenants - Quick-casual restaurants - Family Dining • Mainstream shopping goods - Sporting goods - Home decorating - Furniture • Office supplies (Office Depot) • Medical office tenants Avon East Town Center District Plan26 PROPOSED COMMERCIAL USE LAND USE PROPOSED COMMERCIAL SPACE SUMMARY (gross sq. ft.) Total Difference from Existing Area 1 25,000 - 42,000 decrease 61,000 - 44,000 Area 2 114,000 - 135,000 increase 71,000 - 92,000 Area 3 74,000 - 120,000 increase 2,000 - 48,000 Area 4 104,000 - 167,000 dec. 35,000 - inc. 28,000 Total Commercial Space (approximate)317,000 - 464,000 dec. 23,000 - inc. 124,000 Source: Design Workshop The proposed commercial square footage is based on the massing model and therefore is an estimate only. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Area 2Area 1 Area 2Area 2 Area Area Area 2Area 3 Proposed Commercial Area 1 Area 2 Area 3 Area 4 Plaza Overlay SECTION HEADER Avon East Town Center District Plan 27 Recommended Tenants: Area 2 • Grocery/convenience sub-District - Grocery anchor - Dry cleaning - Liquor - Video rental - Take-out food - Hair/ nail salon - Florist - Pet supply • Banking, finance and insurance-related offices Recommended Tenants: Area 4 • Family dining/sit-down restaurants • Home furnishings • Medical office tenants • Construction-related office tenants- engineer, architecture, etc. (second floor) • Business support services - (second floor) - Accounting/Law offices - Copy services • Home/garden supply • Office supply Recommended Tenants: Area 1 • Reduced retail presence in favor of residential lodging space, except along plaza frontage • Restaurant space at Christie Lodge Recommended Tenants: Area 3 • Entertainment (Bar/Pub) • Bookstore • Coffee shop • Specialty food and gift • Finance, insurance and real-estate related office tenants (second floor) • Construction-related office tenants (second floor) • Sporting goods LAND USE PROPOSED COMMERCIAL USE Recommended Tenants: Plaza Overlay • Youth-targeted retail • Quick-casual dining • Restaurants • Ice cream • Coffee shop • Specialty sporting goods • Clothing • Bath and body supply • Bookstore • Outdoor dining/outdoor spaces Avon East Town Center District Plan28 Upper Floor Residential and Office Space Use upper floors for primarily residential and office. Consideration of views, solar exposure, noise, and proximity to amenities should be given to the locations of residential uses. Second Floor Flexible Space Allow second-floor spaces to be used for a variety of retail, office, and/or residential space, provided that access is internal to the building. First Floor Retail/ Commercial Space Focus retail commercial uses into the core of The East Town Center District, which includes the land surrounding the central plaza, Main Street, and a few existing anchor retailers. PROPOSED LAND USES BY FLOOR LEVEL LAND USE Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Avon East Town Center District Plan 29 • Create a strong pedestrian connection across Avon Road and connect Main Street in the West and East Town Center Districts. Above or below grade pedestrian crossing should be considered to separate vehicles and pedestrians. • Realign East Beaver Creek Boulevard and allow for redevelopment on the south side of the street. Christie Lodge desires to move lodging closer to the core of The East Town Center District. Realigning East Beaver Creek Boulevard would improve pedestrian circulation. • Enhance and maintain strong pedestrian connections between The East Town Center District and the Eagle River. Create strong pedestrian connections between regional trails and the retail core. • Provide pedestrian accessibility to adjacent uses with paseos, gates, pedestrian walkways, crossings, etc. Provide porous pedestrian access throughout The District to allow for direct routes. • Provide comfortable and safe spaces (e.g., nature strips, amenity zones, and on-street parking areas) that adequately separate automobiles and pedestrians. • Encourage the creation of a safe and exploratory environment with strong pedestrian connections to secondary pedestrian corridors. • Provide a consistent level of visual cues for pedestrian routes through the use of materials, signs, landscaping, etc. 4. Ensure that pedestrians have safe and convenient access throughout The East Town Center District. PLANNING PRINCIPLES PEDESTRIAN CIRCULATION Wide sidewalks allow room for street furniture to create outdoor “living” spaces. Pedestrians are willing to walk greater distances in comfortable and attractive environments. Avon East Town Center District Plan30 EXISTING PEDESTRIAN CIRCULATION PEDESTRIAN CIRCULATION Existing pedestrian circulation is haphazard and disconnected. Many commercial uses are set back from the main pedestrian circulation areas, thus distancing potential shoppers from retail stores. Most pedestrian areas are directly adjacent to streets and parking areas where pedestrians feel unprotected from vehicles. No Buffer from Traffic Buffered with Landscaping Interior Circulation Crosswalk Bus Stop Sidewalk Quality I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d Beaver C r e e k B l v d . Beave r C r e e k P l a c e . Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. SECTION HEADER Avon East Town Center District Plan 31 PEDESTRIAN CIRCULATION PROPOSED PEDESTRIAN CIRCULATION Intuitive connections and consistent high quality design are some of the driving forces behind the pedestrian circulation Planning Principles. The plaza connects to the proposed regional rail/trail. Sidewalks run alongside retail spaces, allowing for window shopping. Bus stops are located in centralized locations. Sidewalks are set back far enough from the roadway to allow for street trees to shade pedestrians. Interior circulation reduces walking distance. Above- or below-grade pedestrian crossings provide important connections across Avon Road and East Beaver Creek Boulevard. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Sidewalk Quality No traffic Buffer Buffered BY Landscape Interior Circulation Crosswalk Bus Stop I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d B e a v e r C r e e k B l v d . Beave r C r e e k P l a c e New C o n n e c t o r S t . Multi-Use Trail Above or below grade Pedes-trian Crossing Avon East Town Center District Plan32 - Avon Transit - EcoTransit - Post Office - Library - Daycare 2 -1/2 minute walking radius (Approximately 750 feet) Proposed Bus stop Nearly the entire East Town Center District is within a two and a half minute walk from the planned central plaza space. It is only about a five-minute walk from the central plaza to Avon Station (a multi-modal transit facility), library, post office, and daycare located in the West Town Center District. Several local bus stops also support the walkability of the East Town Center District. PEDESTRIAN CIRCULATION Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. 2 and 1/2 minute walking distance to: WALKING DISTANCE Avon East Town Center District Plan 33 • Redesign and replace Benchmark Road. • Allow Main Street through the East Town Center to accommodate two-way traffic, thereby maintaining a strong vehicular pattern and ease of access from Avon Road. PLANNING PRINCIPLES 5. Maintain two access points off Avon Road. 6. Maintain a dispersed circulation pattern through The District. VEHICULAR CIRCULATION • Create secondary streets that service the residential development in the East Town Center. • Design residential streets at a scale that reflects a pedestrian priority. • Allow parallel parking on residential streets. 7. Create quiet, residential- scale development. The central plaza should be visually connected to Main Street and Avon Road. Measures to slow down vehicles such as narrow streets with plantings next to the road can make secondary streets safer. • Create a grid to make a better environment for retail and residential uses. • Design pedestrian oriented and retail- accessible streetscapes on Main Street and along the roads that front the plaza. • Design East Beaver Creek Boulevard as an auto-oriented boulevard with minimal curb cuts to service through traffic. • Avoid or minimize the impacts of traffic on secondary streets to create a pleasant living environment. • Minimize curb cuts on East Beaver Creek Boulevard and Main Street by diverting vehicular access to parcels to cross streets and alleys. • Large blocks should have alley access. Avon East Town Center District Plan34 Av o n R D Chapel Place E. B e a v e r C r e e k B l v d Beav e r C r e e k P l a c e Ben c h M a r k R d ******** ** ** VEHICULAR CIRCULATION EXISTING VEHICULAR CIRCULATION Avon Road effectively channels Beaver Creek Resort-bound skiers, residents, and visitors between I-70 and the resort. Unfortunately, its design discourages travelers from making stops in Avon. It also effectively bifurcates the town, making cross- town travel, especially pedestrian travel between the West and East Town Center Districts, difficult. The series of roundabouts along Avon Road provide the primary vehicular access to The East Town Center District. In addition to these roundabouts, the curvilinear street pattern is confusing, sight corridors are diminished, and street hierarchy is unclear. Circulation is also hampered by the lack of capacity on East Beaver Creek Boulevard. I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d Beave r C r e e k P l a c e Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Through Trips Mixed Use/Retail Service Route Residential Bus Stop Vehicle Circulation SECTION HEADER Avon East Town Center District Plan 35 VEHICULAR CIRCULATION PROPOSED VEHICULAR CIRCULATION Traffic volumes could potentially double through The East Town Center District as a result of the eventual build-out of the Village at Avon. Therefore, it is imperative to solve the problems of the existing conditions and accommodate future traffic. A new vehicular hierarchy will be enforced by the design of East Beaver Creek Boulevard, a divided boulevard with a median and limited curb cuts. Through-traffic and service vehicles will use this boulevard. A central organizing element, such as the plaza, will also help slow traffic down in the pedestrian- focused areas. Vehicles accessing retail uses will use these roads. Residential streets will be designed with a narrow right-of-way and enhanced pedestrian amenities to slow traffic. Building footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Through Trips Mixed Use/Retail Service Route Boulevard Residential Bus Stop Vehicle Circulation I-70 E. B e a v e r C r e e k B l v d . Main S t r e e t Av o n R o a d C h a p e l P l a c e Beave r C r e e k P l a c e Avon East Town Center District Plan36 RESIDENTIAL STREET Medium- to high-density residential uses are planned along the new residential streets identified on page 35. VEHICULAR CIRCULATION The residential street design promotes clear vehicular and pedestrian circulation by providing clearly identifiable vehicular travel lanes and an 11-foot wide amenity zone and sidewalk for pedestrians. The amenity zone and sidewalk should allow for a minimum of six-foot clear pedestrian travel zone. The remaining space should be located between the back of curb and the pedestrian travel zone. Trash receptacles, benches, bike racks, street lights, sandwich boards, street trees, and other amenities should be located in this amenity zone. Street trees should be spaced no more than 30 feet apart. This will help reduce the visual impact of building height as well as provide a separator between moving automobile traffic and the pedestrian space. Parallel parking is encouraged to provide convenient parking separation of vehicular and pedestrian traffic. The dimension of the parallel parking is purposely tight to help slow traffic. Extensive understory planting in the amenity area that discourages or limits the movement of people from parallel- parked automobiles to the sidewalk is discouraged. Building massing is for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. Avon East District Plan37Avon East Town Center District Plan 37 BOULEVARD East Beaver Creek Boulevard is planned to be lined with trees and have a planted median. VEHICULAR CIRCULATION The street design for the boulevard creates a “green” corridor that moves automobile traffic through the East Town Center District at a convenient rate. The planted median provides a green corridor that should only be disrupted for necessary left-turn lanes and stacking. The median will help calm traffic and avoid extensive curb cuts into adjacent developments. A six-foot amenity zone and six-foot sidewalk should allow for a safe walking environment. The amenity zone could include trash receptacles, benches, bike racks, street lights, street trees, and an extensive understory planting program of perennial and shrubs not exceeding three feet in height. The three-foot shrub mass will separate the constant automobile travel lane from the pedestrian area. The plantings should stop at pedestrian crossings and automobile intersections and should not compromise sight triangle design. Trees should be spaced no more than 30 feet apart. An eight-foot multi-use path should be implemented on the north side of the boulevard as part of the larger multi-use path system. Building massing is for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. Avon East Town Center District Plan38 MIXED-USE Mixed-use developments with angled parking allow for more convenient parking spaces while still maintaining a retail streetscape experience. VEHICULAR CIRCULATION Building mass is for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. The typical mixed-use/retail street design aims to provide a great pedestrian retail shopping experience while providing retailers with as much visibility, accessibility, and convenient parking as possible. This is achieved by providing two clearly identified automobile travel lanes with angled parking. Angled parking provides the greatest number of parking spaces and helps to calm traffic. A 15-foot sidewalk and amenity zone is envisioned as flexible space for the pedestrian, where you can find outdoor cafes, trash receptacles, benches, bike racks, street lights, sandwich boards, street trees, and other amenities. A minimum six- foot clear pedestrian circulation route should be provided in the sidewalk and amenity zone. Trees should be spaced no more than 30 feet apart. Understory plantings and/or planter pots are encouraged. Extensive understory planting in the amenity area that discourages or prohibits the movement of people from angled parked automobiles to the sidewalk is prohibited. Avon East Town Center District Plan 39 • Provide on-street parking on all streets except East Beaver Creek Boulevard to help off-set retail parking requirements. • Allow angled parking on Main Street to maximize the on-street parking yield. 8. Provide on-street parking. 9. Minimize the impact of off- street parking lots. PLANNING PRINCIPLES PARKING • Encourage de-centralized underground parking garages integrated with the redevelopment of buildings to ensure access to parking. • Consider providing parking under the plaza space. The plaza shall remain at street level. • Avoid street-facing blank walls on buildings with parking garages. If blank walls are unavoidable, decorate with artwork, display cases, vines, and high- quality, durable materials. 10. Provide de-centralized parking garages. Landscaping provides a buffer between pedestrians and surface parking. Parking signage is an important element to ensuring that structured parking is easily accessible. ELEVATION: Secondary Vehicular Directional-Alternate Metal Base SCALE: 1"=1'-0" 5'-0" 1'-10" AVON T OWN C ENTER P ARKING Secondary Vehicular Directional • Limit curb cuts to provide clarity of vehicular travel areas and maximize parking. Curb cuts are discouraged on Main Street and East Beaver Creek Boulevard. • Place parking lots at the rear or side of the site to allow the majority of uses to front directly onto the street. • Build multiple small surface parking lots instead of one large surface lot. • Encourage improved access to retailers by creating a clear pedestrian path from all parking areas to retail entrances. • Plant trees and shrubs to soften the visual impact, reduce the heat-island effect, provide shade, and reduce parking-area noise. Avon East Town Center District Plan40 10.85 1,131 Acres Spaces Existing 0.72 123 468 11.57 1,722 Surface Lot On-Street Structured Total Type of Parking EXISTING PARKING PARKING Thirty-three percent of The East Town Center District land area is currently used for surface parking. Much of the time these parking spaces are under-utilized. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Surface On-Street Structured Parking SECTION HEADER Avon East Town Center District Plan 41 Surface Lot On-Street Structured Total 10.85 1,131 3.28 453 Acres Spaces Acres Spaces Existing Proposed 0.72 123 1.67 396 468 1,474 11.57 1,722 4.95 2,323 Type of Parking PARKING PROPOSED PARKING The proposed parking numbers are conservatively low based on possible building footprints and only one floor of underground parking (except the plaza ,which includes two floors). Property owners will likely desire to construct larger underground structures than shown and may include more than one floor below grade. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Surface On-Street Structured Parking Avon East Town Center District Plan42 PARKING PARKING ENTRANCES Strategically locate entrances to underground parking to provide convenient access without causing traffic delays on major thoroughfares. Shared entrances are also desirable. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. I-70 E. B e a v e r C r e e k B l v d . C h a p e l P l a c e Main S t r e e t Av o n R o a d B e a v e r C r e e k B l v d . Existing Parking Structure Entrance Conceptual Access Points to Parking Parking Entrances Avon East Town Center District Plan 43 • Encourage authentic, contemporary architecture, focusing on form and appropriate use of materials. • Eliminate box-like forms by using a variety of building forms, articulation of the facade, and roof-line variation. • Enhance views and make spaces feel larger by maximizing the number of windows. • Ensure that the rhythm, size and proportion of openings (e.g., windows, doors, etc.) are similar to other high- quality buildings in The East Town Center District. • Encourage the creation of rooftop gardens to contribute to the building articulation, reduce the amount of impermeable surfaces, improve views from surrounding buildings, and provide an outdoor amenity to residents. • Use porches, verandas, mezzanines, stairs, railings, cornice details, and window details to enhance building appearances. • Select building materials and colors that complement the surrounding area. • Encourage the reuse and recycling of building materials. • Incorporate civic art into public infrastructure projects such as bridges, transit systems, highways, roadways, or water features. 11. Ensure the architectural character of The East Town Center District complements the character emerging in The West Town Center District. PLANNING PRINCIPLES DISTRICT CHARACTER These buildings exemplify the architectural style encouraged in The East Town Center District, particularly in their use of subtle earth-tone colors and a mix of regional building materials. The Town Center Design Guidelines provide further information regarding the desired character in The East Town Center District. Avon East Town Center District Plan44 12. Ensure that buildings with mid-size retail uses fit the character of the area and support a pedestrian- friendly experience. • Locate mid-size retail uses in anchor locations that accent architectural elements and provide high visibility. • Encourage traditional streetscape designs that emphasize the building and not the parking. • Ensure facades are pedestrian-scaled by using articulation and a retail module system of 16-25 feet. 13. Encourage a high level of site planning and design to maximize public and semi- public pedestrian spaces. • Design the landscape to enhance the architecture and create or define useful public and private spaces. • Use hardy, native plant species (e.g., trees, shrubs, and ground cover) that are easy to maintain and minimize water use. • Provide a variety of seating choices in landscaped areas. • Include paths to accommodate children, adults, bicycles, skateboards, shopping carts, walkers, pets, furniture moving, etc. • Provide appropriate lighting to ensure that paths are safe at night and still compliant with the Avon lighting requirements to minimize “over-lighting”. • Plant deciduous shade trees along streets and parking lots to minimize the heat-island effect. PLANNING PRINCIPLES DISTRICT CHARACTER Active first floor spaces, appropriately scaled buildings, and well-designed public spaces will enhance the character of The East Town Center District. Splitting buildings into modules with different treatments creates a pattern, articulates the facade, and clearly identifies entrances. Avon East Town Center District Plan 45 14. Maximize solar exposure. • Maximize solar exposure by limiting building heights on the south side of streets and plaza spaces to a level that allows sun to reach the northern sidewalk during the winter solstice. 15. Define the plaza and other key pedestrian areas by framing these spaces with buildings. • Relate buildings to the street and locate them on the site so that they reinforce street frontages. • Utilize build-to lines instead of setbacks to bring pedestrians and the retail environments closer together. DISTRICT CHARACTER PLANNING PRINCIPLES Close proximity to plaza spaces and views of the plaza are amenities for surrounding residential buildings. The plaza also draws activity to the retail areas. Building mass can positively contribute to the public spaces if designed with articulation, varied materials, and ample windows. Avon East Town Center District Plan46 Extremely low-density development, aging building stock, and large expanses of surface parking make a strong case for redevelopment and infill. The Town Center zoning encourages higher densities but also requires large set backs, substantial parking areas, and 50% lot coverage. These regulations have contributed to the lack of redevelopment activity in the area. The Plan calls for increased density in The East Town Center District to help fulfill the vision of the Town Center as the focal point of the community. See the Avon Comprehensive Plan Urban Built Form Diagram (page 47) for more information. Building massing and footprints are for descriptive purposes only. Alternative building shapes and mass will be considered if they meet the Planning Principles. DISTRICT CHARACTER MASSING MODEL Existing Massing Proposed Massing SECTION HEADER Avon East Town Center District Plan 47 4/7. Avon East Town Center District Plan48 PLANNING PRINCIPLES VIEWS 16. Maintain key views to and from The East Town Center District to provide visibility, orient people to their surroundings, and define the character of the spaces. • Maintain views to: - Wildridge (1) - Daybreak Ridge (2) - Gypsum-bluff (3) - Whiskey Creek (4) - South Game Creek Bowl (5) - Swift Gulch (6) • Elements that could disrupt the views such as building bulk, signage, overhead utilities, and lighting are discouraged. 3. View of the Gypsum-Bluff 2. View toward Daybreak Ridge 1. View toward Wildridge Avon East Town Center District Plan 49 EXISTING VIEWS VIEWS The Town of Avon Comprehensive Plan identifies being “reflective of the natural environment” as a core value of the Town. According to the Comprehensive Plan, “Avon will continue to enhance its strong connections to its spectacular scenery, magnificent natural surroundings, and ample outdoor recreational opportunities.” The identified views from public areas are essential to maintain a visual connection to the surrounding environment, orient people to their surroundings, and ensure these views can be enjoyed by the general public. The Town will be making a large investment in the public spaces of The East Town Center District. To maximize the value of their investment, these views must be protected. The low height of buildings in The East Town Center District currently allows for the visibility of the surrounding mountains; however, it is anticipated that greater building heights will be proposed in the future. It will become increasingly important to be mindful of maintaining views. Creative approaches, including framing views with architecture, stepping the building height, recessing top floors, and locating floors below ground, should be considered. 6. View of Swift Gulch 5. View of South Game Creek Bowl 4. View toward Whiskey Creek. Avon East Town Center District Plan50 VIEWS PROPOSED VIEWS Maintain views of mountains and surrounding landscapes from public streets and spaces identified in this exhibit. Building footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the Planning Principles. NORTH Towards Main Street SECTION HEADER Avon East Town Center District Plan 51 PERSPECTIVE VIEW TO THE DISTRICT VIEWS Avon East Town Center District Plan51 The views to The East Town Center District are as important as views from The District. This view overlooking the main plaza depicts what The District could look like from I-70. Building massing is for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Avon East Town Center District Plan52 • Work with surrounding landowners to develop a central plaza that will energize the space, provide an orienting element, and create an alternative reason for going to The East Town Center District beyond what exists there today. The Town should take the lead in designing, developing, programming, and maintaining the plaza space and make it part of Avon Parks and Recreation. Coordination with landowners and retail tenants is essential to ensure the viability of surrounding retail, consistent access and circulation, alternative parking arrangements, and workable phasing plans. • Work with surrounding landowners to straighten Main Street. The Town may also consider a curved Main Street reflecting the Planning Principles set forth in this plan. However, this will not accommodate the same level of on- street parking and may force private development to accommodate all on-site parking requirements. • Realign East Beaver Creek Boulevard. • Work with surrounding landowners to implement a rich streetscape pattern that will complement The West Town Center District. • Implement the Urban Renewal Plan and explore Tax Increment Financing to help pay for public improvements in The East Town Center District. 17. Focus municipal involvement on actions that produce the most public benefit. Great public spaces can draw people of all ages and interests to the town center. CHAPTER 3: IMPLEMENTATION PLANNING PRINCIPLES SECTION HEADER Avon East Town Center District Plan 53 Today’s rising property values as a result of the new gondola and Riverfront Village, in conjunction with a willingness of the Town Council to work in partnership with landowners, creates new redevelopment opportunities. The key to implementation is to work with the landowners and developers by understanding their needs and the impact this policy has on their property’s redevelopment potential. Continued dialog must occur between the Town and The East Town Center District stakeholders. The phasing strategies shown in this document illustrate a possible path through the implementation of The Plan. Flexibility is needed to determine the best overall method of achieving the vision explained in the Planning Principles. This flexibility will accommodate the complexity of redevelopment projects, allowing each property to redevelop on the property owner’s schedule. Additional flexibility includes the footprint and massing of the buildings and the manner in which parking requirements are met. Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. PARTNERSHIP IMPLEMENTATION Avon East Town Center District Plan54 Publicly Funded Projects Expenditure Beaver Creek Boulevard $2,346,754 Benchmark Road $1,222,094 Beaver Creek Place $926,977 Main Street Plaza $1,941,416 Chapel Place $808,838 Residential Street Type $1,868,917 Service Street (SE)$906,676 Plaza $21,667,993 TOTAL $31,689,665 Source: Design Workshop. Expenditures based on 2006 dollars and assumptions PUBLIC IMPROVEMENTS IMPLEMENTATION Infrastructure Expenditure Summary Both public and private investments are needed to finance the redevelopment of The East Town Center District. Based on preliminary cost estimates, the public expenditures associated with the plaza (240 underground parking spaces, road improvements, and streetscape work) equals approximately 32 million dollars. It is anticipated that the necessary revenue to pay for these improvements will be shared between the Town and the developers. The Town has already committed to substantial funding in The West Town Center District and has implemented Tax Increment Financing (TIF) as a funding mechanism. In addition, each redevelopment project may also need to bear the cost of some of the capital improvements necessary because of increased density. The level of private investment in capital improvements will be determined during the development review process. Relocated new roads are shown with a red-dashed line. All other roads identified with a solid blue line are existing but will need improvements such as street trees, crosswalks, utilities, lighting, parking, and other improvements. SECTION HEADER Avon East Town Center District Plan 55Avon East Town Center District Plan55 The public revenues estimated in The Plan indicate that the Town will realize between 45 million and 50 million dollars in revenues through build out, and ongoing revenues of between 4.5 million and 5.5 million dollars. Public revenues were calculated using two scenarios: the first assumes that all flex space is commercial space; the second assumes that all flex space is residential space. Scenario 1: Because this scenario places a higher parking burden on The East Town Center District, parking payment- in-lieu fees are the primary reason for the higher public revenues that occur in this scenario. On an ongoing basis, however, this scenario also shows a greater return than if all flex space was built out as residential space due to anticipated sales tax revenue. Scenario 2: The smaller parking burden in this scenario would increase developer returns, especially when one considers the demand for housing product in the mountains compared to commercial space. However, this scenario results in a lower ongoing return to the public sector. REVENUES IMPLEMENTATION Public Revenue Summary Scenario 1 Scenario 2 Revenue Source From Buildout Ongoing From Buildout Ongoing RETA $15,072,400 $1,593,994 $17,008,255 $1,748,073 Retail Sales Tax N/A $2,397,158 N/A $1,305,510 Property Tax N/A $769,906 N/A $737,582 Recreation Amenities Fee N/A $775,145 N/A $775,145 Parking Payment in Lieu Fee $34,360,000 N/A $28,453,445 N/A TOTAL $49,432,400 $5,536,203 $45,461,700 $4,566,310 Source: Design Workshop Avon East Town Center District Plan56 To test The Plan and determine the probability of redevelopment, it is helpful to conduct conceptual pro formas for each parcel and test the plan. These are based on broad assumptions and should be considered an estimate for analysis purposes only. The estimate is based on a build out taking place within ten years. Most parcels are showing a preliminary internal rate of return (IRR) of anywhere from four percent to 23 percent. A healthy IRR is between 15 and 20 percent. In lackluster market conditions, an IRR of 12 percent can attract redevelopments. The following summary of IRR illustrates the effectiveness of The Plan and begins to show the possible phasing of the private development (those with higher IRR will likely begin redevelopment sooner). Source: Design Workshop PRIVATE INVESTMENT IMPLEMENTATION Parcel Estimated Internal Rate of Return (IRR) Parcel 1- Christie Lodge 19% Parcel 2- Buck Creek 19% Parcel 3- North Court 23% Parcel 4- Avon Plaza 21% Parcel 5- American Nat’l Bank 7% Parcel 6- 51 Beaver Creek Place 23% Parcel 7- City Market 4% Parcel 8- Chapel Square Bldg B 21% Parcel 9- Chapel Square Bldg A 15% Parcel 10- Pier 1/ Office Depot 10% Parcel 11- Avon Annex North & South 4% Parcel 12- Benchmark Shp Center N & S 12% Parcel 13- Boat Building 10% Parcels are anticipated to have an Internal Rate of Return (IRR) between 4% and 23%. Parcel Internal Rate of Return SECTION HEADER Avon East Town Center District Plan 57 KEY REDEVELOPMENT AREAS IMPLEMENTATION Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. Realignment and Extension of Main Street Central Plaza Existing Property Boundaries Key Redevelopment Areas Areas For Street Improvements Changing property boundaries can add a challenge to the implementation of a redevelopment plan. This plan attempts to minimize the need for such adjustments. Overall Streetscape Improvements Realignment of East Beaver Creek Boulevard Avon East Town Center District Plan58 2 Once the mid-size retailers are relocated, the plaza can be constructed and the existing mid- size retail building can be redeveloped. 1 Redevelopment of the Avon Annex and the Chapel Square one-story building will provide two of three necessary relocation sites for the mid-size retailers. 3 There will be more interest in redevelopment once the plaza and mid-size retailers are redefined as anchors to the District. Mai n S t r e e t Cha p e l P l a c e B e a v e r C r e e k Mai n S t r e e t Cha p e l P l a c e B e a v e r C r e e k P l a c e Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. CENTRAL PLAZA IMPLEMENTATION Aerial photograph of the existing conditions. Mai n S t r e e t Cha p e l P l a c e SECTION HEADER Avon East Town Center District Plan 59 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. IMPLEMENTATION REALIGNMENT OF MAIN STREET 1 Individual landowners may be able to move forward with construction on a portion of their property. Mai n S t r e e t Mai n S t r e e t 2 Joint development agreement is necessary between the Town and property owners in this area to realign Main Street. 3 Construction on the south side of the street would be feasible once Main Street is reconstructed. Mai n S t r e e t Aerial photograph of the existing conditions. Avon East Town Center District Plan60 1 E. B e a v e r B e a - New C o n n e c t o r Joint development agreement is necessary between the Town and Christie Lodge owners to move East Beaver Creek Boulevard and extend Beaver Creek Place. 2 3 Building massing and footprints are for descriptive purposes only. Alternative building shapes will be considered if they meet the intent of the Planning Principles. IMPLEMENTATION REALIGNMENT OF EAST BEAVER CREEK BOULEVARD Aerial photograph of the existing conditions. Property line should be adjusted between East Beaver Creek Boulevard and the Central Avon Plaza to allow additional built form to anchor a new intersection. Joint development agreement is necessary between the Town and the Buck Creek Plaza owners to build a new connector street between East Beaver Creek Boulevard and Beaver Creek Place extension. E. B e a v e r C r e e k B l v d . B e a v e r C r e e k P l a c e New C o n n e c t o r S t r e e t New C o n n e c t o r E. B e a v e r C r e e k B e a v e r C r e e k Avon East District Plan61Avon East Town Center District Plan 61 CONCLUSION In summary, the development of The Plan included a public process in which existing conditions were evaluated, planning considerations were identified, alternative plans were explored, market investigations and financial analyses were conducted to test alternative futures, feedback was used to recycle alternatives, and a final alternative was described in both graphic (plans and diagrams) and verbal terms (Planning Principles). The vision of The East Town Center District, as identified in the Comprehensive Plan, is to make the most of the redevelopment opportunities by considering the needs and desires of the community; establishing a cohesive mix of uses, including retail, office, and residential; planning for public gathering spaces; and creating strong pedestrian and street connections. This vision is more clearly articulated with the plans, diagrams, and Planning Principles found in The Plan. The vision has a physical, environmental, social, and economic focus that together will make The East Town Center District a jewel of the community, a complement to The West Town Center District, and a source of pride for the residents and business owners. The future of The East Town Center District lies directly in the hands of the property owners. This plan includes a substantial financial investment for the Town of over 30 million dollars, for which the Town will likely use funding mechanisms such as TIF and private investment in The District. The landowners should recognize this plan as a shared vision of The East Town Center District and leverage the improvements identified for the public spaces. Together, the Town and the property owners can create a cohesive physical framework and community image in The East Town Center District. IMPLEMENTATION The Plan is an opportunity to share a vision for redevelopment. Chapter 1: Introduction .........1 District Plan Intent .........................................1 Relationship to Town-Wide Plans ...........2 District Description ........................................3 History ..............................................................4 Planning Considerations ..............................5 Plan Development ...........................................7 Charrette ..........................................................8 Alternatives ....................................................10 Chapter 2: Physical Plan .....11 Illustration .......................................................11 Summary of Planning Principles ...............12 Sustainable Design ........................................13 Land Use ..........................................................16 Pedestrian Circulation ................................29 Vehicular Circulation .................................33 Parking ............................................................39 District Character ........................................43 Views ...............................................................48 Chapter 3: Implementation 52 Partnership ....................................................53 Public Improvements ..................................54 Revenues ........................................................55 Private Investment .......................................56 Key Redevelopment Areas .........................57 Central Plaza .................................................58 Realignment of Main Street ......................59 Realignment of East Beaver Creek Blvd .60 Conclusion ......................................................61 TABLE OF CONTENTS Avon East Town Center District Plan List of Graphics: District Location Map .................................2 Age of Existing Buildings ............................4 Alternative District Layouts ......................10 Plan Illustrative .............................................11 District Land Use Areas ..............................16 District Land Use Areas ............................. 17 Residential Street Rendering .....................19 Existing Residential ...................................20 Proposed Residential ..................................21 Existing Commercial Use .........................24 Proposed Commercial Use .......................26 Proposed Land Use by Floor Level .........28 Existing Pedestrian Circulation ..............30 Proposed Pedestrian Circulation .............31 Walking Distance .......................................32 Existing Vehicular Circulation ................34 Proposed Vehicular Circulation ..............35 Typical Residential Street .........................36 Typical Boulevard .........................................37 Typical Mixed Use/Retail Street .............38 Existing Parking ..........................................40 Proposed Parking .........................................41 Parking Entrances .......................................42 Massing Model ............................................46 Avon Built Form Diagram ..........................47 Proposed Views ...........................................50 View of the District Rendering .................51 Key Redevelopment Areas ..................57-60 Page Intentionally Blank Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager Jeffrey Schneider, P.E., Project Engineer Date: May 7, 2008 Re: Staff Update - Village at Avon Filing 3, Tract H and Tract B Grading Permit Summary: The Colorado Department of Transportation (CDOT) approached the Town of Avon in January of 2008 regarding allowing an asphalt batch plant to be situated within the Village at Avon Filing 3, north of Interstate 70 and adjacent to Swift Gulch Road and Post Boulevard. On May 6, 2008, Banks and Gesso, LLC, on behalf of A&S Construction (CDOT paving contractor), submitted a grading permit application for the two sites. The complete grading permit application is included as Exhibit A to this memorandum. The proposed work includes mining aggregate material, crushing and sorting aggregate, and asphalt production on Tract H, and construction of an earthen berm on Tract B. The location of the batch plant would enable CDOT to perform the scheduled overlay of l- 70 at night, significantly reducing the traffic congestion that occurs during daytime paving operations. Background: In late January, 2008, CDOT approached the Town of Avon requesting that the Town agree to furnish a grading permit for the proposed batch plant and berm construction, as well as an exemption from the construction work hours as defined in Avon Municipal Code Section 8.24.085. The original request involved berm construction and asphalt batch plant operations on Tract B, with no activity on Tract H. Town Staff responded with two letters, one agreeing to issue a grading permit for Tract B, and the other allowing work outside of stipulated work hours. The two letters are attached as Exhibits B and C, respectively. Discussion: CDOT plans to replace the center median barrier and overlay 1-70 from approximately Mile Marker 171 to 180 (Dowd Junction to East Vail) starting in June of 2008. In response to numerous complaints regarding traffic delays, congestion, and accidents associated with paving operations in Summer of 2007, CDOT approached the Town of Avon about allowing a batch plant north of 1-70 in the Village at Avon. With consistently low nighttime temperatures, night paving work at high elevation requires a batch plant in close proximity to the project in order to meet minimum placement temperature requirements. Relieving congestion during construction operations would greatly benefit citizens of Avon and the majority of Eagle County. The proposed project involves two parcels: Tract H and Tract B, Filing 3, Village at Avon. Tract H is located in planning area RMF-1, immediately east of Post Boulevard and north of 1-70. Work on Tract H will include removal of materialfrom a borrow area on the south and east of the site, processing the borrow material into aggregate, and asphalt production. Aggregate material and asphalt production will occur on the west end of the parcel. Site plans included in Exhibit A provide additional detail. The proposed operations are within existing zoning entitlements. Tract B is located south of Swift Gulch Road, north of 1-70, and west of Post Boulevard. Tract B is immediately adjacent to Tract F, the Eagle County Health Services District ambulance station site. Proposed activities on Tract B are limited to construction of an earthen berm, to screen the site from 1-70. The proposed berm will be ten feet high with 3:1 side slopes, and occupies a footprint of approximately one acre. It should be noted that Staff agreed to furnish a grading permit and granted an exemption from work hours for the original proposal submitted by CDOT in January, which included a berm and asphalt batch plant on Tract B. The Grading Permit Application submitted expands the project to Tracts B and H, confining all mining, crushing, and asphalt production to Tract H, with berm construction in Tract B. The permit application differs from the conceptual plan submitted by CDOT and agreed to in principle by Town Staff. In response to the Grading Permit Application, Town Community Development, Public Works, and Engineering Staff collaborated in drafting permit conditions. The permit conditions generally include furnishing appropriate fees and revegetation bonds, improvements to the submitted site plans related to stormwater quality, access improvements, and miscellaneous comments. The permit conditions are included as Exhibit D to this memorandum. It should be noted that the two sites will require a Right of Way permit and the project will be subject to additional conditions as determined by Public Works staff. Financial Implications: There are no financial implications to the Town at this time. Recommendation: N/A — no council action Town Manager Comments: /IQ e.,rt_ 1/L/ �rL/,LC'sr2�'�/J ,�L'�i �v� ;N✓+= y e a GL4 - 4144. ,/LLM/G J'/'Z-Tii1/! -c4,- �=at�Z Attachments: Exhibit A Grading Permit Application Package Exhibit B Letter from L. Brooks to CDOT re: Grading Permit Exhibit C Letter from L. Brooks to CDOT re: Work Hours Exhibit D Draft Grading Permit Conditions S Page 2 F°1',$,+ A Banks and Gesso, LLC 6 May 2008 Eric Heidemann, AICP Asst. Town Manager Town of Avon P.O. Box 975 Avon, CO 81620 720 Kipling St., Suite 117 Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 www.banksandgesso.com Re: Proposal for Temporary Use of The Town (at Avon) Filing 3, Tracts B and H Dear Mr.,#tleidemann: Thank you for your assistance as we have worked on behalf of A&S Construction to determine appropriate permitting and site plan specifications for the proposed temporary use of the above referenced property. The proposed temporary use to include fill recovery, sand and gravel extraction, crushing, sorting, and asphalt production is consolidated on Tract H, as preferred by the Town, with the exception of some ancillary grading and drainage work to build a berm on Tract B. As you are aware, A&S Construction intends to utilize this site as an important component of its contract work with CDOT to maintain and improve sections of Interstate 70 east of Avon. Based on guidance we have received working with the Town's staff, the enclosed drawings and supporting information represent our understanding of the Town's requirements to review and permit the proposed operations. It is our understanding that a grading permit constitutes the basic framework for the Town's review of this project. Accordingly, a considerable effort has been taken to provide detailed design and engineering that satisfies all technical criteria for the proposed cut and fill operations that will take place at the site as well as for the layout and movement of equipment for extraction and processing of aggregates into asphalt. We understand that P.U.D. zoning on the subject land requires no other process to entitle the use, based on your department's analysis. A right-of-way permit has been mentioned on various occasions, but we have been unable to determine the applicable requirements given that no public improvements or alteration of the right-of-way is indicated by the submitted plans. Please inform us at your soonest convenience if there is any issue with the completeness of this submittal and we will gladly correct the situation promptly. The following notes address specific items that may be relevant to your review: 1. We have worked with A&S Construction, Traer Creek Metropolitan District as both land owner and design reviewer, as well as Town officials to establish the submitted plans. A&S Construction and Traer Creek have a private agreement for the use of the land, and authorization to proceed with the project has been publicly acknowledged in both a right -to -enter agreement and the minutes of the Avon Site — Proposed A&S Construction Temporary Use 6 May 2008 Page 2 Traer Creek Metro District's DRB. The parties have represented their satisfaction with the manner in which authorizations have been memorialized. Please advise us if you require contact information or written documentation to supplement this record. 2. This firm has been working concurrently on a state Reclamation Permit. The entire Tract H site subject to this proposal will be subject to reclamation rules and requirements. State regulation includes periodic inspections and reclamation bonding until conditions warrant a release. Please let us know if additional detail on the state's regulatory program is helpful in the Town's analysis. 3. State rules require the applicant to identify structures within 200 feet of the "affected area." In this case the driveway and stormwater facilities at the site will be within 200 feet of the Town's right-of-way, including several structures. Because there is no excavation in this vicinity, there is no appreciable risk that mining will affect the Town's structures. 4. The grading permit fee is calculated based on 250,000 cubic yards of cut material that will either be placed on Tract H, used for the berm on Tract B, or used as aggregate for asphalt pavyig- materials. Treating this as a single operation, the review fee is $438.50 and the permit fee is $1,466.50, for a total fee of $1,905.00. 5. Tract F, adjacent to Tract B, is the site of a proposed ambulance and EMS facility. However, the driveway to access Tract F, existing today, is subject to an access, drainage, utility, and landscape easement. According to the attorney for Traer Creek, as one component of the easement on the Tract F driveway, access to Tract B is granted for both the presently proposed use and future uses. This point of access is at a relative high point and avoids the need for additional drainage infrastructure in the right-of-way due to this temporary use. 6. The applicant A&S Construction intends to engage in night operations in accordance with CDOT contractual requirements. Operations at all times of day will comply with applicable noise regulations. 7. The applicant will submit to and receive all necessary state approvals for the regulation of water and air quality. Stormwater management features are also submitted on Grading and Drainage plans in the enclosed set of drawings. To control fugitive dust during operations, the applicant supplements all state and federal requirements with the following dust abatement plan: a. Vehicle speeds on site will be limited to 10 mph at a maximum. b. Crushing and screening operations will be located at the eastern internal limit of the affected area c. Seeding of disturbed areas will take place as soon as possible after the completion of grading activities d. Stockpiles will be sprayed as necessary and loading equipment for operations will be equipped with spray bars as appropriate. Internal haul roads will also be kept moist as necessary to inhibit dust generation. Avon Site — Proposed A&S Construction Temporary Use 6 May 2008 Page 3 e. Other EPA approved methods of dust control shall be employed if the above measures prove insufficient, such as Ligtac organic surfactant, or other approved haul road dust control surfactants and tackifiers. 8. A&S Construction stipulates that it will obtain registered contractor status in the Town of Avon if it has not done so already. Once again, we appreciate the guidance provided by Town staff in the preparation of this submittal. We trust you will find that this applicant is prepared to meet the Town's expectations and a great deal of care was therefore taken to comprehensively address technical design issues and other regulatory concerns. Please do not hesitate to contact me with any questions, comments, or concerns during your review. I may be reached at 303-274-4277, or by electronic mail to aschatz(a banksandgesso.corn. Sincerely, BANKS AND GESSO, LLC cc: John Paul Ary, A&S Construction encl: Application Form, Grading Permit Right to Enter Agreement Traer Creek Metro District DRB, Minutes of 2 May 2008 Temporary Use Technical Drawings: Tract B Sheets: Grading and Drainage Erosion Control Tract H Sheets: Grading Drainage Erosion Control Reclamation IIL. 1113 COL O R A D O Applicant to till in all.non-shaded areas. BUILDING PERMIT APPLICATION Jurisdiction of Avon, Colorado P.O. Box 975 Avon, Colorado 81620 Phone. (970) 748-4030 Fax (970) 949-5749 Application For Electrical, Plumbing, Mechanical, Pool and Other Misc. Permits Legal Description Lot Blk Subdivision Tracts B and H, The Village (at Avon) Filing 3, Town of Avon. 'County. Colorado Parcel Number 210307410007 and 210308201001 Construction 1782 Swift Gulch Street Address Rd (Tract B); no address (Tract I-1) Project Name Avon Site (Grading. temporary usei_ Owner Traer Creek- RP LLC Mailing Address P.O. Box 9429, Avon, CO 81620 — Phone Contractor A & S Construction Co. Mailing Address 839 Mackenzie Ave, Canon City, CO 81212 Phone 719-275-4555 Lise. # _ Arch or Designer Banks and Gesso, LLC Mailing Address 720 Kipling, Suite 117, Lakewood, CO 80215 Phone 303-274-4277 Lisc. # Engineer EME Solutions, John Jankousky, P.E. Mailing Address 15248 W. Ellsworth Dr., Golden, CO 80401 Phone 303-279-1707 Lisc. # Electrical Contractor Mailing Address Phone Use. # Plumbing Contractor Mailing Address Phone Lisp. # Mechanical Contractor Mailing Address Phone Lisc. # Other Contractor (Include painting, landscaping, etc) Mailing Address Phone Lisa # Type of Permit Requested: Q Electrical a Plumbing O Medianlcal ❑ Poo] P Sign O Spa O Deck Et Other Qradino Estimated Valuation Including Materials, Labor and Profit; Refer to LUBC (1997) tables A -33-A and B for 250,000 cubic yard cut and fill operation Amount Oecupaney Class Division Describe the work in detail; Max. occ. Load Work will be done on Tract B and Tract H. Work on Tract H will consist of mining, crushing, and temporary sorting and stockpiling. There will be a hot mix aphalt plant on Tract B Estimated Permit Fee 1466.50 along with berms and stockpiles. Estimated Plan Check Fee 21 , 438.50 Estimated Total Fee= 1941.25 Less Plan Check Fee Estimated Total Due 1941.25 Superintendents Name , Pager Number Job Site Phone Number Cell Phone # P1earovide live information Ownettor Represel trves Signature i c e3 Entered into Files Date Received By: Date Approved By: F:TOAapps'20001BPApp Sub Contractor.doc Date a 2008 Protect: orado Department of Transportation. Project No. SHE0702-276 1-70 Overlay East of Avon Eagle County, CO Subject: Right to Enter Agreement Traer Creek RP LLC ("landowner") hereby allows A & S Construction Co. ("operator") to enter the land property known as Tract H., Filing 3, The Village at Avon, Eagle County, Colorado, as necessary to grant the operator the ability to obtain a special 111 Reclamation Permit from the Colorado Mineral Land Reclamation Board. This legal right to enter, upon signature of the parties, shall be valid for the life of the Operator's contract with the Colorado Department of Transportation and during a possibly required reclamation period. Operator: A & S Construction Co. Authorized Representative LkL Q. fr7 Sex:- req Printed Name and Title Date Land Owner: Traer Creek RP LLC, a Colorado limited liability company By: Traer Creek LLC, a Colorado limited liability company, its Manager gnus Lind + lin, Manager 7 THE VILLA(.3.E (AT AVON) MASTER. DEIGN REVIEW ASSOCIATION A Colorado Nonprofit Association MINUTES OF A , E' ION OF TUE DESIGN REVIEW BOARD PLAN APPROVAL/DENIAL These Minutes of Action. of The Village (at Avon) Master Design Review Board (the "DRB") of The Village (at Avon) Master Design Review Association, a Colorado nonprofit corporation (the "Association"), were duly adopted by a majority of the DRS members at a duty called and noticed special meeting of the DRB held on May 2, 2008, at which the following DRB members were present or have reviewed and discussed this matter: Marcus Lindholm, Michael Lindholm, Chris Green, Magnus Lindholm. Dan Leary was not present. Owner: Applicant: Property Description: Avon, Colorado, 81620.. Preliminary Matters Traer Creek RP LLC A & S Construction Company Tract H, Village at Avon Filing 3, 1.782 Swift Gulch Road Name of Project: Batch Plant, Asphalt Plant, Crushing Plant. Description of Plans: 1) (5) Sets of drawings outlining Materials, Color Scheme, Interior Mechanical Housing Unit, Placement, Size and Attachment. Total Review Fees Paid and Outstanding: $ 100.00 paid $ 00.00 outstanding for application fee and compliance deposit. Compliance deposit was waived. Applicable Design Guidelines: Master Design Guidelines Recitals and Action WHEREAS, the above -described Owner/Applicant has submitted an application pursuant to the Declaration of Master Design Review Covenants for The Village (at Avon) (the "Declaration"); and WHEREAS, the DRB has reviewed the plans and has determined that adoption of the same is in the best interest of the DRB; and WHEREAS, the Plans and the Project (check one only): Do not comply with the Applicable Design Guidelines and/or the Declaration for the reasons listed on Exhibit A attached hereto. A-i l Do comply. with the Applicable Design Guidelines and the Declaration. Subject to compliance x..vith the conditions listed on Exhibit A attached hereto is approved. The undersigned., being a D-R.B member of the Association, hereby certifies that: Marcus Lindholm of the DRB moved for approval of these Minutes of Action.; Magnus Lindholm of the DRB seconded such motion; and these I liuutes of Action were approved by the following members of the DR,B: List of DRB members voting in favor of these Minutes of Action: Marcus Lindholm, Michael Lindholm, Magnus Lindholm, Chris Green. List of DRB members voting in against these Minutes of Action: List of DR_B members not present to vote in this matter: Dan Leary Certification: Marcus Lindholm, DRB member Exhibit A Conditions tions of Approval l Minimally Impact the valley with lighting. Have the lighting directed at the batch plant, and respect the dark sky ordinance. 2) The dust/mud mitigation must be done in an acceptable manner. 3) Sound Complaints -Complaints related to sound niust be addressed immediately. 4) There is an agreement withthe owner of the land, 0 1/ Apr. 30. 2008 11:4 WM HOLIDAY INN 'JAIL a',r oraaxsaxalWeed- e d.notmn, kvecuslit, AfaSNOS anA4,a pr, No. 0114 V. 1 biller (®t Avon) SWIFT '3ULCH ROAD (EAST) O -EAST CONCEPTUAL ROAD EriC EARTHWORK QUANTITIES r:AN07 'izt .': GRAPHIC SCALE too NOTES: o So too ( IN FEET ) 1 Inch = 100 ft. CONTOUR INTERVAL = 2' 200 1. GRADING ACTIVITIES UNDER THE PROPOSED USE INCLUDE ESTABLISHMENT OF PROPOSED TRAER CREEK OVERLOT GRADES IN SOUTHWEST CORNER OF SITE. THIS MATERIAL WILL BE USED AS COMMON FILL TO ESTABLISH BERMS ON THE NORHTWEST CORNER OF PLANT SITE PARCEL. 2. INTENT. THIS PLAN IS CONSISTENT WITH THE VILLAGE AT AVON PUD, IMPLEMENTING PRELIMINARY IMPROVEMENTS IN LIMITED AREAS. THERE ARE NO MATERIAL CHANGES TO STUDIES PRODUCED FOR INITIAL PUD REVIEW. 3. TEMPORARY LAND USE. THE PROPOSED USES ARE TEMPORARY IN NATURE, WITH CONSTRUCTION -RELATED OPERATIONS RUNNING IN CONJUNCTION WITH A 2008 STATE HIGHWAY PROJECT (OVERLAY OF I-70 EAST OF AVON). THE PROPOSED USES WILL BE LIMITED TO THE TIMING OF THE. STATE HIGHWAY PROJECT AND ANY NECESSARY WORK ON -SITE IN ACCORDANCE WITH TOWN OF AVON REQUIREMENTS. 4. GRADING AND DRAINAGE. PROPOSED FACILITIES ARE DESIGNED TO MEET TOWN OF AVON AND OTHER APPLICABLE ENGINEERING REQUIREMENTS, PARTICULARLY TO CREATE APPROPRIATE EROSION CONTROL AND MITIGATE STORMWATER RISKS AS APPROPRIATE TO THE DURATION OF THE PROJECT. ALL STORMWATER WILL BE DIRECTED TO DRAINAGES ACCORDING TO TOWN OF AVON PLANS. 5. ALTERNATIVE PLANT LOCATIONS. BASED ON PRELIMINARY WORK BY CDOT AND THE APPLICANT / OPERATOR, TRACT B OF THE VILLAGE AT AVON PUD IS IDENTIFIED AS THE PRIMARY LOCATION FOR A HOT -MIX ASPHALT BATCH PLANT. TRACT B WILL ALSO BE USED AS A STOCKPILE AND STAGING AREA FOR RELATED EQUIPMENT. AS AN ALTERNATIVE, THE OPERATOR MAY PLACE THE BATCH PLANT ON TRACT H, NEXT TO A POTENTIAL ROCK SOURCE. THE ALTERNATE PLANT LOCATION IS SOUGHT IN CONJUNCTION WITH PLANS FOR EXTRACTION (AS NOTED BELOW). 6. HAUL ROUTE. THE OPERATOR WILL HAUL A SHORT DISTANCE ON TOWN OF AVON ROADS, TO ACCESS INTERSTATE 70. THE OPERATOR COMMITS TO THE MOST DIRECT ROUTE, WITH NO HAUL TRAFFIC ON OTHER TOWN ROADS. 7. EXTRACTION OF SAND AND GRAVEL. APPROXIMATELY 50,000 CUBIC YARDS OF GRAVEL SUITABLE FOR ROAD BASE OR ASPHALT FEEDSTOCK IS AVAILABLE ON TRACT H, IN THE AREA SHOWN AS POTENTIAL CUT. THIS TEMPORARY OPERATION WOULD INCLUDE CRUSHING, SORTING, AND LOADING AGGREGATE MATERIALS. THE FINAL LAND CONFIGURATION IS GRADED TO INCLUDE A FLOOR AREA SUITABLE FOR DEVELOPMENT; THE ENTIRE DISTURBED AREA WILL BE RECLAIMED WITH A COVER CROP OF GRASSES TO STABILIZE THE SOIL. B. YARD ACTIVITIES. EQUIPMENT AND ACTIVITIES ORDINARILY ACCESSORY TO AGGREGATE AND ASPHALT PRODUCTION MAY BE ANTICIPATED DURING THE TEMPORARY USE. 9. ACCESS TO TOWN STREETS. THE OPERATOR WILL PAVE THE ACCESS DRIVE TO TRACT B, ADJACENT TO SWIFT GULCH ROAD, AS SHOWN ON PLAN. THE ACCESS TO TRACT H, FROM THE ADJACENT ROUNDABOUT, WILL BE SURFACED WITH ROAD BASE TO A DISTANCE OF AT LEAST 50 FEET. 10. FINAL GRADING PLAN MAY CONSIST OF LESSER DISTURBED AREA THAN SHOWN ON PLAN. FINAL GRADES WILL BE INSTALLED TO EXTENT OF DISTURBANCE, WITH 3,I MAMBA BA ci nQcc Tn RFcni yr Tn FYICTIAI(: r_oenrc Ac Kirmrnn 3 cn C) • rh • C) 0 0 81101NO3 ONIISI;G -0 0 (n rt 0 C C r n C P1 Fri O A SiM7 ,03rOdd V) a ni ON BNN4 id )._93dOdd fm z 'om. SWIF' GULCH. ROAD ,:RISER 816E -At6(.. IV_HJORY ADAIiR` SEE 131ACT M-DRANAGE'P[UT FOR -DETAIL 1-70 'EAST BOUND LEGEND PROPERTY LINE EXISTING PAVED ROAD / SIDEWALK PROPOSED PAVED ROAD / SIDEWALK EXISTING INDEX CONTOUR -- -" - EXISTING INTERMEDIATE CONTOUR PROPOSED INDEX CONTOUR PROPOSED INTERMEDIATE CONTOUR 1.75' 3 1 10.5' SLOPE - 1% 1 TYPICAL CROSS SECTION DITCH E NO SCALE I 10 3 1( 3 1 F' ED' RECLAMATION SEED MIX FOR BERM COMMON NAME GRASSFS VARIETY PLS / AC TO USE SEEDING RATE IN PLS (LfiS / ACRE) BGIIIN.eh squkrenal! Woplf 9.0 0.9 Indian Aoprau Mama 8.0 1.2 Weston whealgrau Rosana 16.0 3.2 Tl4okspDn wheatgrose Bannock 10.0 1.5 Slender wheolyran Pryor 11.0 2.2 Sandberg bluegrass Sherman 2.0 0.2 Blaebunoh wheatgran Golds 12.0 1.2 TOTALS 68.0 10.4 TYPICAL BERM DETAILS NO SCALE GRAPHIC SCALE 200 V � J IILILILILJ I ( IN FEET ) 1 mot, = 100 N. CONTOUR INTERNAL = 2' NOTES: 1. CONSOLIDATED PLAN. THIS DRAWING DEPICTS GRADING ACTIVITIES ON TRACT B, WHICH ARE DEPENDENT ON EARIHMOVING ACTIVRIES ON TRACT H (ALSO PART OF THIS SET). 2.GRADING ACUITIES UNDER TIE PROPOSED USE RESULT FROM ESTABLISHMENT OF PROPOSED TRAER CREEK OVERL.T GRADES IN TRACT H OF SITE. THIS MATERIAL WILL BE USED AS COMMON FILL TO ESTABLISH BERMS AS SHOWN ON THIS PLAN FOR TRACT B. 3.IN1ENT. THIS PLAN IS CONSISTENT WITH TIE VILLAGE AT AVON PUO, IMPLEMENTING PREUMPARY 1MPROJEIENTS IN UNITED AREAS. THERE ARE NO MATERIAL CHANGES TO STUDIES PRODUCED FOR INITIAL PUD REVIEW. 4.TEIIPORARE LANO USE. TRACT B MAUL BE ACCESSED AND USED ONLY FOR THE PURPOSES OF BERM CONSTRUCTION. 5.GRAo91G AND DRAINAGE PROPOSED FACLITES ARE DESIGNED TO MEET TOWN Of AVON ARO ODER APPLICABLE ENGINEERING REQUIREMENTS, PARTICULARLY TO CREATE APPROPRIATE EROSRN CONTROL AND BATIOATE STORMWATER RISKS AS APPROPRIATE TO TIE DURATION OF THE PROJECT. ALL STORM /ATER NIL RE DIRECTED TO DRAINAGES ACCOROREG TO TOWN OF AVON PLANS. 6. HAUL ROUTE. A SHORT, MATED DURATION HAUL ON SWIFT GULCH ROAD WILL SUPPLY FI1 FOR ROOM CONSTRUCTION ORIGINATING AT TRACT H. 7.ALL OPERATIONS WILL RESULT N FINAL BERM PLACEMENT ADJACENT TO COMMON BOUNDARY WITH I-70 CORRIDOR. 8888 MAY BE PARTIALLY COMPLETED ALON BOUNDARY WIT TRACT F, IN ACCORDANCE WITH ANAL PLANNED GRADES AS SHOWN, BUT SHALL MADMAN ADEQUATE ACCESS TO TRACT F DRIVEWAY. ALL BERM SLPES SHALL BE RECLAIMED N PLACE WITH NOTED SEED MD PRIOR TO DEMOBILIZATION. REFERENCES: PROPERTY BOUNDARY AND EASEMENTS TAKEN FROM THE ANAL PLAT Of THE VILLAGE (AT AVON) RUNG 3, TRACT N, EAGLE COUNTY, COLORADO. SURVEY GATES APRIL 19, 2004 TO MAY 28, 2004 BY ALPINE ENGINEERING. SEE STEWART TTAE GUARANTY COMPANY CONIIMIENT #04035278 (DATED MARCH 18, 2004) FOR ALL TALE NFORMATKN. TRACT B - BERM GRADING PREPARED BY: APPLICANT: PROJECT: ▪ BANKS AND GESSO, LLC. ■ ■ 720 KIPLNG ST., SUITE 117 LAIEWOOD, COLORADO 80215 (303) 274-4277 A&S CONSTRUCTION CO. P.O. Box 566 Canon CNy, CO 80215 719-275-4555 AVON GRAVEL MINE EAGLE COUNTY, COLORADO EXISTING TOPOGRAPHICAL MAPPING TAKEN FROM SAME SURVEY STATED ABOVE. JOB NO DATE SCALE 1'-100' DRAWN BY DESIRED BY APPROVAL REV SHEET 08025 5/6/09 DEW U P8 `_ AREA-ggF-i -PER TH¢-19WUY'(t AY0R4} ; FOR}W: ,UENWIENT--NUMBER ONE, '.. ,..�,�" PUTI.DEVE)DP11R1f P.L77N -- LEGEND PROPERTY UNE UNITS OF PLANNING AREA RMF-1 PROJECT UNITS FENCE EXISTING PAVED ROAD / SIDEWALK __ .._... '.._..' ............. PROPOSED PAVED ROAD / SIDEWALK EXISTING INDEX CONTOUR ......._................... EXISTING INTERMEDIATE CONTOUR — PROPOSED INDEX CONTOUR PROPOSED INTERMEDIATE CONTOUR FLOW DIRECTION CULVERT / PIPE RIPRAP ea,D,r. .sinz',a•� WMTPPE ,113...,001, PVC zuwe HIP/C K.ww.1€D r 0RATI XaN'''e��xs:,cr W/o X6JP31 ' TR aR:NY,ix1 ra snn,mHse�r� cl TEMPORARY SEDIMENT BASIN OUTLET DETAIL NO SCALE AFRIN CETENTIONf SPILLWAY CR OJERFLON PIPE ELEVATOR (FT) BOTTOM OF CETENDCN BASIN (FT) TOP CF RISER PPE ELEVATOR (FT) LOWEST RISER FILES ELEVATION (FT) -IG-EST RISER Hni FS ELEVATION (FIT) NUMBER CF ROWS OF ITT FS NUMBER OF COLLNKS OF FILES SUE OF FILES (NCl-ES) CET 767810 7674.00 7677.75 767513 7677.55 9 3 0.50 CET 7684.58 7675.33 7684.33 7677.33 7684.13 22 I 0.50 CET3 7876.55 7674.00 7676.30 7674.50 767510 6 4 0.375 ... ......_ ER. PP rnTe USE a we saa.� -ee 40 RISER PPE r�Rna PER DRAWINGS. PILE varaa WASFED rxocii. aaoLNli RISER PPE SLFFICIENTTO SUPPORT 11-E PIPE. GRAPHIC SCALE ( IN FEET) 1 Ue, 100 N. CONTOUR INTERVAL = 2' 1 3 T �1 1a' 13.8' SLOPE - IS TYPICAL CROSS SECTION DITCH A-1 NO SCALE 1 � , �1 2,3' 18.8' SLOPE - IS TYPICAL CROSS SECTION DITCH A-2 NO SCALE 3 1� CULVERT SCHEDULE TYPE F.ES. SLOPE RIPRAP CULVERT A 18' HOPE NO -1.7X 6')(67(15' Deg' AT OUTLET CULVERT D 18' HOPE NO -3% 67(67(15' T}o=0 AT OUTLET CULVERT D 24' ROPE NO -1% GOWN TO DITCH RONINE 8' WIDE D5e12• PUS BOTH SIDES DITCH REFERENCES: PROPERTY BOUNDARY AND EASEMENTS TAKEN FROM THE FINAL PUT OF TIE VILLAGE (AT AVON) RUNG 3, TRACT H, EAGLE COUNTY, COLORADO. SURVEY DATED APRIL 19, 2004 TO MAY 28, 2004 BY ALPINE ENGMEERINO. SEE STEWART TITLE GUARANTY COMPANY molar /04035278 (DATED MARCH 18, 2004) FOR ALL TILE INFORMATION. 10,5' 3 SLOPE ^3% 3 T �1 1 TYPICAL CROSS SECTION DITCHES B & C NO SCALE TRACT H - DRAINAGE PLAN APPLICANT: PREPARED BY: PROJECT: ■ ■ BANKS AND GESSO, LLC. ■ ■ 720 KIPUNG ST., SUITE 117 LAKEWOOD, COLORADO 80215 (303) 274-4277 A&S CONSTRUCTION CO. P.O. Box 588 Conon City, CO 80215 719-275-4355 AVON GRAVEL MINE EAGLE COUNTY, COLORADO E105TING TOPOGRAPHICAL MAPPING TAKEN FROM SALE SURVEY STATED ABOVE. JOB NO DATE SCALE ORAWN BY DESIGNED BY APPROVAL REV SHEET 08025 5/8/08 OW JJ PB /7 APPROXIIUTE'UNRS OF 8' AOHING :7104F-1. PER TAR NUAGE (d AVON) FORMAL AM NTH-HURWO ORE �.. ::.Ply! DEVELOPMENT Puu' ' :. LEGEND dial. MO PROPERTY UNE UNITS OF PLANNING AREA RMF-1 PROJECT UNITS FENCE DETENTION / WATERWAY EXISTING PAVED ROAD / SIDEWALK PROPOSED PAVED ROAD / SIDEWALK EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR - PROPOSED INDEX CONTOUR PROPOSED INTERMEDIATE CONTOUR FLOW DIRECTION CULVERT / PIPE —sr —>r — 9F —V — SILT FENCE EROSION CONTROL LOG INLET PROTECTION RIPRAP EROSION CONTROL BLANKET GRAPHIC SCALE (IN FEET) 1 Inch = TOO ft. CONTOUR INTERVAL = 2' WOOD STONES RUNOFF EROSION BALES REMOVE ACCUMULATED SENIOR WHEN rr REACH GTE -HALF BALE HEIGHT TOE OF FILL END BALES TO BE KEYED NM FTLL SLOPE CULVERT PLAN VIEW EROSION BALES ARE TO BE ENITENCF&D INTO THE SOIL, TIGHTLY ABUTTING WITH ND GAPS, STAKED AND RUCKFAiID MOUND THE ENTRE OUTSIDE PERIMETER IP STRAW BALE INLET PROTECTION DETAIL NOT TO SCALE PREPARED BY: REFERENCES' PROPERTY BOUNDARY AND EASEMENTS TAKEN FROM TIE FINAL PLAT Of THE VILLAGE (AT AVON) HUNG 3, TRACT H, EAGLE COUNTY, COLORADO, SURVEY DATED APRIL 19, 2004 TO MAT 28, 2004 BY ALPINE ENGINEERING. SEE STEWART TREE GUARANTY COMPANY COMMITMENT /04035279 (DATED MARCH 18, 2004) FOR All TITLE INFOHEUTION. TRACT H - EROSION CONTROL PLAN APPLICANT: PROJECT: ■ ■ BANKS AND GESSO, LLC. ■ ■ 720 KIPLING ST., SURE 117 LAKEW000, COLORADO 80215 (303) 274-4277 A&S CONSTRUCTION CO. P.O. Box 566 Conon City CO 80215 719-275-4555 AVON GRAVEL MINE EAGLE COUNTY, COLORADO COSTING TOPOGRAPHICAL MAPPRIG TAKEN FROM SAME SURVEY STATED MOVE, JOB NO DATE SCALE 1'-100' DRAWN BY DESIGNED BY APPROVAL REV SHEET 08025 5/6/08 DRF JJ PB SWIFT GULCH ROAD ' TRACT B (PRBIARt 'um SRE a STAGING YARD PER SHEET 1 ,.RISEN ARE .D4R(CTEDTQ'STOW 0004 BItEj ;SEE TRACT N THOJNAGEPLAN FOR DETAIL-- , LEGEND r GRAPHIC SCALE 100 eo 100 PROPERTY UNE EXISTING PAVED ROAD / SIDEWALK PROPOSED PAVED ROAD / SIDEWALK EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR PROPOSED INDEX CONTOUR PROPOSED INTERMEDIATE CONTOUR FLOW DIRECTION CULVERT / PIPE — 4 — v — c — g — SILT FENCE CL IP Ema EROSION CONTROL LOG INLET PROTECTION RIPRAP EROSION CONTROL BLANKET (IN FEET) 1 Ineh 100 ft. CONTOUR INTERVAL 2' W000 STARES RUNCFF RENCK ACCUMULATE) SEDIMENT WHEN IT REACH ONE-W1F BALE HEIGHT OE OF P1L END BALES TO BE KEYED INTO F81 SCOPE CULVERT PLAN VIEW EROSIN BALES PRE TO BE ENTRENCHED INTO THE SOIL TIGHTLY ABUTTING HRH NO GAPS, STAKED AM BY2ffRLEO AROUND TOE ENDRE OUTSIDE PERIMETER. IP STRAW BALE INLET PROTECTION DETAIL NOT TO SCALE PREPARED BY: REFERENCES' PROPERTY BOUNDARY AND EASEMENTS TAKEN FROM THE FNAL PLAT Of THE VILLAGE (AT AVON) FTING 3, TRACT H, EAGLE COUNTY, COLORADO. SURVEY DATED APRIL 19, 2004 TO MAY 28, 20134 BY ALPINE ENGINEERING. SEE STEWART 7111E GUARANTY COMPANY COMMENT /04035276 (DATED MARCH 18, 2004) FOR ALL TITLE INFORMATION. TRACT B - EROSION CONTROL APPLICANT: PROJECT: EN BANKS AND GESSO, LLC. 720 KIPLING ST., SLATE Ill LAKEWOOD, COLORADO 80215 (303) 274-4277 A&S CONSTRUCTION CO. P.O. Box 568 Canon CNy, CO 80215 719-275-4555 AVON GRAVEL MINE EAGLE COUNTY, COLORADO E535TNO TOPOGRAPHICAL WAPPING TAKEN FROM SAME SURVEY STATED ABOVE. JOB NO DATE SCALE 1'=100' DRAWN BY DESIGNED BY APPROVAL REV SHEET 08025 5/6/08 DRF JJ PB /9 2231 APPROJiATE'1111TS OF riANNIND .AREA I6F RTHE NWOE (aR AVON) FOTMA,,.E JIENbI(�NT NWBER OfE , ' '..:171p�DEVELOPYENT PUN _ LEGEND OM IMP PROPERTY UNE UNITS OF PLANNING AREA RMF-1 PROJECT UNITS FENCE DETENTION / WATERWAY EXISTING PAVED ROAD / SIDEWALK PROPOSED PAVED ROAD / SIDEWALK EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR - PROPOSED INDEX CONTOUR PROPOSED INTERMEDIATE CONTOUR CULVERT / PIPE RIPRAP GRAPHIC SCALE 1m ( IN FEET ) 1 Inch = 100 H. CONTOUR INTERVAL = NOTES* 1. GRADING ACTIVITIES UNDER THE PROPOSED USE NCURIE ESTABLISFBIENT OF PROPOSED TRIER CREEK OVERLOT GRADES AND GRADING WORK PRELIMINARY TO FINAL SITE DEVELOPMENT. 2. INTERS. THIS PLAN IS CONSISTENT WITH TIE MAIN AT AVON PUG, IMPLEMENTING PRELIMINARY AIPROVEICNTS N MUTED AREAS. THERE ARE NO MATERIAL CHANGES TO STUDIES PRODUCED FOR MURAL POD REVIEW. 3. TEMPORARY LAND USE. TIE PROPOSED USES ARE TEMPORARY N NATURE, WITH CONSTRUCTION -RELATED OPERATIONS RUNNING IN CONJUNCTION WTTH A 2008 STATE NORWAY PROJECT (OVERLAY OF I -7D EAST Of AVON). THE PROPOSED USES WILL BE LIMITED TO THE TIMING OF THE STATE HIGHWAY PROJECT AID ANT NECESSARY WORK ON -SITE IN ACCORDANCE WITH TOWN Of AVON REWBEIAENTS. 4. GRAM AND DRAINAGE. PROPOSED FACILITIES ARE DEIGNED TO MEET TOWN Of AVON AND OTTER APRICABLE DICKERING REGUIREIENTS, PARTICULARLY TO CRATE APPROPRIATE EROSION CONTROL AND MITIGATE SNRWAATER RISKS AS APPROPRIATE TO THE DURATION Of THE PROJECT. ALL STORYWATER WILL BE DIRECTED TO DRAINAGES ACCORDING TO TORN Of AVON PUNS. 5. PUNT LOCATION. TRACT H OF THE VILLAGE AT AVON POD IS IDENTIFIED AS THE PRIMARY LOCATION FOR A HOT -MIX ASPHALT BATCH PLANT. TRACT H WILL ALSO BE USED AS A STOCKPILE AND STAGING AREA FOR RELATED EQUIPMENT. H. HAUL ROUTE. TIE OPERATOR BILL HALL A SHORT DISTANCE ON TOWN Of AVON ROADS, TO ACCESS INTERSTATE 70. THE OPERATOR COMMITS TO TIE MOST DIRECT ROUTE, WITH NO HAUL TRAFFIC ON OTHER TOWN ROADS. 7.EOTRACTION OF SAND AND GRAVEL. APPROXIMATELY 80,000 CUBIC YARDS OF GRAVEL SUITABLE FOR ROAD BASE OR ASPHALT ILLWNR.X IS AVAILABLE ON TRACT N, N THE AREA SHOWN AS POTENTIAL CUT. THIS TEMPORARY OPERATION WOULD NCWDE CRUSHING, SORTING, AND LOADING AGGREGATE MATERIALS. THE FINAL LAD CONFIGURATION IS GRADED TO INCLUDE A FLOOR AREA SUITABLE FOR DEVELOPMENT; THE ENSRE DISTURBED AREA TELL BE RECLAIMED WITH A COVER CROP Of GRASSES TO STABILIZE 11E SOIL B. YARD ACTIVTES. EQUIPMENT AND ACTNITES ORDINARILY ACCESSORY TO AGGREGATE AND ASPHALT PRODUCTION MAY BE ANTICIPATED DURING THE TEMPORARY USE. 9. FINAL GRADING PLAN MAY CONSIST OF LESSER DISTURBED AREA THAN SHOWN ON RAN. FINAL GRADES WILL BE INSTALLED TO EXTENT Of DISTURBANCE, WITH 3:1 MAUBIIII SLOPES TO RESOLVE TO EXISTING GRACES AS NEEDED. FOR A LIMITED AREA, 2:1 SLOPES MAY BE NECESSARY, AS DEPICTED, TO RESOLVE GRADES ALONG ROAD CUT. REFERENCES: PROPERTY BOUNDARY AND EASEMENTS THEN FROM THE FINAL PUT OF THE VILLAS (AT AVON) FILING 3, TRACT H, EAGLE COUNTY, COLORADO. SLIMY DATED APRIL 19, 2004 TO MAY 28, 2004 BY ALPINE ENGINEERING. SEE STEWART TITLE GUARANTY COMPANY COMMITMENT /04035278 (DATED MARCH 18, 2004) FOR ALL TITLE INFORMATION. PREPARED BY: TRACT H - GRADING PLAN (OPERATIONS) APPLICANT: PROJECT: Mal BANKS AND GESSO, LLC. ■■ 720 KIPIJNG ST., SLATE 117 LAKEWOOD, COLORADO 60215 (303) 274-4277 A&S CONSTRUCTION CO. P.O. Box 566 Canal City CO 60215 719-275-4555 AVON GRAVEL MINE EAGLE COUNTY, COLORADO EXISTING TOPOGRAPHICAL YAPPING TAKEN FROM SAME SURVEY STATED ABOVE JON NO DATE SCALE T'=100' DRAWN BY DESIGNED BY APPROVAL REV SHEET 08025 5/6/08 DRF JJ PEI 20 APPpO%HATE UNITS OF.P AWNS — I AI' -4 P R THE III AOF (of AVON) FORRALAMEH:YEWF IIVIIBER ONE-- LEGEND PROPERTY UNE LIMITS OF PLANNING AREA RMF-1 PROJECT LIMITS FENCE —...—...—...—...—...—...—...— DETENTION / WATERWAY EXISTING PAVED ROAD / SIDEWALK PROPOSED PAVED ROAD / SIDEWALK .'... EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR PROPOSED INDEX CONTOUR ----- PROPOSED INTERMEDIATE CONTOUR FO CULVERT RIPRAP Ion GRAPHIC SCALE o so no ( IN FEET ) 1 Inch . 100 N. CONTOUR INTERVAL = 2' PERMANENT SEED MIX FOR FINAL RECLAMATION COMMON NAME GRASxS VARIETY PLS / AC TO USE SEf (LB RATE IN PLS (LB / ACRE) BottNboM pltrroHdl WapN 9.0 0.9 Indon dogo.o Pobmo 8.0 1.2 Wwtxn 0Mdproae Rooano 16.0 3.2 Thlok.plk. oh.atpron Bannock 10.0 1.5 S.nd.n Irh.atprau Pryor 11.0 2.2 Sandbag bluprms Shuman 2.0 0.2 Blmbunoh rhglpw Golder 12.0 1.2 TOTALS 8&0 10.4 NOTES* FINAL GRADES MAY BE ADJUSTED TO REFLECT LESSER DISTURBANCE IN AC.CCROANCE WITH OPERATIONS AND MINING PLAN. RECLAMATION PLANS ARE SUBJECT TO REVIEW AN) APPROVAL OF THE COLORADO DN6ON Of RECLUIATION, WOG, AND SAFETY AND THE COLORADO MINED LAJO RECLAMATION BOARD. A SPECIAL 111 RECLAMATION PERMIT WILL BE OBTMNED, COVERING BOTH EXTRACTION AND PROCESSING AREAS AS AFFECTED LANG. A POST-RECLWATON USE FOR URBAN DEVELOPIADIT IS ANTICIPATED FOR THE SITE, IN ACCORDANCE WITH TOWN OF AVON PLANNING AID ZONING. BASED ON ANTICIPATED POST -INNING USE AND PRE -MINING CONDITIONS, INCLUDING TOPSOIL SEMIPRO AND CURRENT OFF -SITE STORAGE. NO TOPSOIL WILL BE REPLACED UNTIL FINAL SITE DEVELOPMENT. OVERBURDEN SMALL RE USED TO FILL THE PROCESSING AREA DURING OPERATIONS AIRS TO RESOLVE SIDE SLOPES DURING RECLAMATION. ALL DISTURBED AREAS SHALL BE SEEDED WITH THE NOTED RECLAMATION SEED MIL REFERENCES' PROPERTY BOLRLDART AND EASEMENTS TAKEN FROM THE FINAL PLAT Of THE VILLAGE (AT AVON) RUNG 3, TRACT H, EAGLE COUNTY, COLORADO. SIRNEY DATED APRIL 19, 2004 TO MAY 28, 2004 BY ALPINE ENGINEERING. SEE STEWART TILE GUARANTY COMPANY IXNOBTNEIT ♦04035278 (DATED MARCH 18, 2004) FOR ALL 71111 INFORMATION. TRACT H - RECLAMATION PLAN PREPARED BY: APPLICANT: PROJECT: IIIIII BANKS AND GESSO, LLC. 720 !RUNG ST., SUITE 117 LAKEWOOD, COLORADO 80215 (303) 274-4277 A&S CONSTRUCTION CO. P.O. Boo 586 Carron City, CO 80215 719-275-4555 AVON GRAVEL MINE EAGLE COUNTY, COLORADO EXISTING TOPOCRAPINCAL MAPPING TAKEN FROM SAME SURVEY STATED ABOVE. JOB NO DATE SCALE Y=1Do' DRAWN BY DESIGNED BY APPROVAL REV SHEET 08025 5/8/08 ORE AS P8 COLORADO January 29, 2008 Avon.., a smoke free community Peter Lombardi, P.E. Colorado Department of Transportation - Eagle Residency 714 Grand Ave., PO Box 298 Eagle, CO 81631 Re: Tract B, Village at Avon Filing 3 Asphalt Batch Plant Dear Peter: Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 97U-949-9139 a.ux Relay recognized ww}1.avonn.o The Town of Avon is in receipt of your submittal dated January 25, 2008 detailing the proposed asphalt batch plant operations on th.e above -referenced parcel. The Town of Avon agrees with the project and is prepared to issue a grading permit subject to the following conditions: I . Submittal of approval from the property owner and Traer Creek Metropolitan District Design Review Board for the proposed land use. 2. Submittal of a complete permit application and payment of all permit fees as determined by Town of Avon Staff by the selected Contractor for the project. 3. Submittal of additional items as requested by Town Staff including, but not limited to Pollution Control Plan, Dust Control and Air Quality Monitoring Plan, etc. 4. Other permit conditions to be determined at time of formal permit application by the contractor as required by Town Staff, including demonstration that the berm is not permanent and will not negatively impact future park design on Tract B. 5. Submittal of a Right of Way pet milit application for access to the site and mitigation of impacts to Swift Gulch Road. Once the project is awarded, the contractor shall initiate the grading permit application process by contacting the Town of Avon Community Development Department at 970- 748-4030. We look forward to assisting CDOT in minimizing traffic impacts during the Summer 2008 overlay project. Best re ' ards, any Br t s Town i . nager Cc: Justin Hildreth Eric Heidemann Jennifer Strehler 22 OL A U 0 January 29, 2008 Avon... a smoke.jree community Martha Miller, P.E. Colorado Department of Transportation - Eagle Residency 714 Grand Ave., PO Box 298 Eagle, CO 81631 Re: CDOT Asphalt Batch Plant, Tract B Village at Avon Filing 3 Construction Work Outside Normal Hours Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax Relay recognized u'ww a!'on.flr, Dear Ms. Miller: This letter is in response to your January 21, 2008 request to operate an asphalt batch plant on Tract B, Village at Avon Filing 3 (1782 Swift Gulch Road) from the hours of 6:30pm to 6:30am to conduct nighttime paving operations on Interstate 70. CDOT is hereby granted an exception to construction hours specified in Avon Municipal Code Section 8.24.085 subject to: 1. Noise shall be kept to the minimum levels reasonably possible for the work activity. 2. Lighting shall be directed at the work with minimum spill over beyond the work area. 3. Satisfactory compliance with grading, right of way, and all other applicable permits for operation of the batch plant at the subject site. Thank you for considering the proposed work hours as it is expected to minimize construction impacts during paving operations. Please contact me at 970-748-4025 if you have any additional questions or concerns. Regards, Larry B ks Town Manager Cc: Justin Hildreth Eric Heidemann Jenny Strehler Jeffrey Schneider Peter Lombardi File 73 HEART of the VALLEY AVON COLORADO MEMORANDUM To: Eric Heidemann; Willie Gray From: Jeffrey Schneider Cc: Justin Hildreth; Jenny Strehler, Larry Brooks Date: May 7, 2008 Re: Village at Avon Filing 3, Tracts B and H GradinPermit Comments Prior to the issuance of the permit, the applicant must compit th the following: 1. Remit the permit fee of $1,905.00 for t e grading permit based upon the grading and crushing of 250,000 cubic yards of material. 2. A revegetation security deposit in the form of Letter of Credit ®rv, ash must be furnished to the Town in the amount f to X291,960. A cost estnnate�rs attached as Exhibit A. 3. Provide updated plans for Tract B showing the correct lot and access configuration as modifiedin May of 2007. \N 4. Provide calculations for sediment pond sizing. \ \\\ 5. Provide revised plans including t e°f.1 owing items: a. Improvements to the entrance t •�,ract B including a minimum 18" culvert conveying drainage along* roadside ditch and 4" thick aspha t paving up to the propertytme. A CDOT standard stabilized onstruction entrance per CDOT Standard Plan M-208-1 should be nstalled immediately inside the property line. Improvenients t®4he entrance to Tract H including sediment removal from the e fisting ditches alongside the site entry, inlet pryotectio,at.the drop inlets north and south of the Tract H access point, and 4' thick asphalt paving up to the property line. A CD T stanch d stabilized construction entrance per CDOT Standard Plan M-208-1 should be installed immediately inside the property line. c. Berm and ditch details should contain the proposed surface ,material. The berm on Tract B should contain a minimum of 3" of imported topsoil. d. A Spill Prevention, Control, and Countermeasure plan, or equivalent, shall be submitted to demonstrate the segregation of petroleum products from stormwater in the Tract H asphalt batch plant area, as well as spill prevention and mitigation measures. e. The Tract H borrow area should be graded to slope towards the ditch to the north b. J:\Avon Village\4.0 Filing 3\Tract B Asphalt Batch Plant\CDOT Village Filing 3 Asphalt and Crushing Operation Comments.doc 1 The following items shall be included as conditions to the grading permit: 1. Work under this Permit is limited to erosion control and stormwater management facilities and site activities as depicted in the following plans dated May 6, 2008: Tract B — Berm Grading, Tract B — Erosion Control, Tract H — Drainage Plan, Tract H — Erosion Control Plan, Tract H — Grading Plan (Operations), and Tract H — Reclamation Plan, prepared by Banks and Gesso, LLC. 2. No work shall be permitted on the site other than installation of stormwater management facilities until a report signed and sealedly the Project Engineer verifying that all stormwater management faciht es are in place and in conformance with the approved applicable plans �o 3. The Project Engineer shall make a thoroughinspection of the stormwater management facilities every 14 days and afte,any prec s Cation or snowmelt event that causes erosion in the general area, verifyingthat all stormwater management facilities are complete and properly maintainedp r,the approved plans. Failure to submit the reportit accordance with the ab ye schedule or c within two days of a precipitation eve*s1all, be sufficient cause for a Stop Work Order. 4. Improvements to the entries to Tract B and T tact H will require a Right of Way permit issued by TowiofAvon Public Works and are subject to all requirements and conditions vthere m\� 5. Approval of plans and issuance; of a \ radrng permit on Tracts B and H does not constitute ,approval of any permanent access, grading, or land use on the sites. \c \ 6. The applicant must to all` applicable State and Federal regulations governing the proposed operations,eand furnish copies of all applicable permits filed with,Statteagencies e.< Stormwater, Air Quality, etc. 7. Tfie c ® ntractor must subrn1a Traffic Control Plan to provide additional signage Tublic'roads during all construction and hauling activities on public road\ n accordance with the Manual of Uniform Traffic Control ND\ices (MUT\i ). 8. The applicant must demonstrate that the proposed berm on Tract B is not pent and will not impact future park design on that site. J:\Avon Village\4.0 Filing 3\Tract B Asphalt Batch Plant\CDOT Village Filing 3 Asphalt and Crushing Operation Comments.doc 2 Exhibit A Village at Avon CDOT Asphalt Batch Plant Revegetation Bond Estimate Prepared by: J. Schneider 5/7/08 Tract H Revegetation Estimate No. Item Description Quantity Unit 1 Mobilization 1 LS 2 Revegetation 767,200 SF 3 Temporary Irrigation 1 LS Total Tract H Tract B Revegetation Estimate No. Item Description Quantity Unit 1 Mobilization 1 LS 2 Revegetation 49,200 SF 3 Temporary Irrigation 1 LS Total Tract B Total Both Sites 20% Contingency Revegetation Bond Amount Unit Price $ 10,000.00 $ 0.25 $ 12,800.00 Unit Price $ 10,000.00 $ 0.25 $ 6,400.00 Total Price $ 10,000.00 $ 191,800.00 $ 12,800.00 $ 214,600.00 Total Price $ 10,000.00 $ 12,300.00 $ 6,400.00 $ 28,700.00 $ 243,300.00 $ 48,660.00 $ 291,960.00 HEART of the VALLEY MAN COLORADO MEMORANDUM To: Eric Heidemann; Willie Gray From: Jeffrey Schneider Cc: Justin Hildreth; Jenny Strehler, Larry Brooks Date: May 6, 2008 Re: Village at Avon Filing 3, Tracts B and H GradingTermit Comments Prior to the issuance of the permit, the applicant must complywith the following: pp�o � 1. Remit the permit fee of $1,905.00 for the grading permitylased upon the grading and crushing of 250,000 cubic yardsof material 2. A revegetation security deposit in they ��O� form of Letter of Credi �®r�Cash must be �,\\ furnished to the Town in the amount ° 1315,960. A cost estimates attached as Exhibit A. 3. Provide updated plans for Tract B showing t `e correct lot and access configuration as modifie&n May of 2007. \\ 4. Provide calculations for sediment p nd sizing. 5. Provide revised plans including the,fZ llpwmg item a. Improvements to tie entrant\including yto ract B a minimum 18" \ culvert conveying dra age along he roadside ditch and 4 thick asphalt%paving up to the propertytine. A CDOT standard ,'stabilized construction entrance per CDOT Standard Plan M-208-1 s uld be installed immediately inside the property line. \ Imp bImprovements o the entrance to Tract H including sediment removal, rom the existing ditches alongside the site entry, inlet \,p�rotectiolt the drop inlets north and south of the Tract H access point, and 4 hick asphalt paving up to the property line. A C6:'7f standard stabilized construction entrance per CDOT Standard Plan M-208-1 should be installed immediately inside the e ' property rtY line. Berri and ditch details should contain the proposed surface material. The berm on Tract B should contain a minimum of 3" of imported topsoil. d. A Spill Prevention, Control, and Countermeasure plan, or equivalent, shall be submitted to demonstrate the segregation of petroleum products from stormwater in the Tract H asphalt batch plant area, as well as spill prevention and mitigation measures. e. The Tract H borrow area should be graded to slope towards the ditch to the north 6. The applicant must demonstrate that the proposed berm on Tract B is not permanent and will not impact future park design on that site.?? J:\Avon Village\4.0 Filing 3\Tract B Asphalt Batch Plant\CDOT Village Filing 3 Asphalt and Crushing Operation Comments.doc 1 97 The following items shall be included as conditions to the grading permit: 1. Work under this Permit is limited to erosion control and stoiniwater management facilities and site activities as depicted in the following plans dated May 6, 2008: Tract B — Berm Grading, Tract B — Erosion Control, Tract H — Drainage Plan, Tract H — Erosion Control Plan, Tract H — Grading Plan (Operations), and Tract H — Reclamation Plan, prepared by Banks and Gesso, LLC. 2. No work shall be permitted on the site other than ins=tallation of stormiwater management facilities until a report signed and s b'le'd by the Project Engineer • verifying that all stormwater management facilities are in place and in conformance with the approved applicableplan.` 3. The Project Engineer shall make a thorough inspection of estormwater management facilities every 14 days and after any precipitationtor snowmelt event that causes erosion in the generaharea, verifying that all stormwater management facilities are complete ands ekly maintained perthe approved plans. Failure to submit the report in accordance with the above schedule or within two days of a precipitation event shall sufficient cause for a Stop Work Order. \�\ 4. Improvements to the entries t• Trac t ® and Tract IETwill require a Right of Way permit issued by Town of Avorri\Pubfl \orkS, and are subject to all requirements andconditions therein. 5. Approval of2pla tS\ffid issuance o`, a Grading Permit on Tracts B and H does not constitute approval of any permanent access, grading, or land use on the sites. 6. The applicant` ust furnish copies of all applicable permits filed with State agent e ,g Stor\iwater, Airi )uality, etc. \ \\\\h The contractmusssubmit a Traffic Control Plan to provide additional signage on ptil lit roads daring all construction and hauling activities on public roads inascordance with the Manual of Uniforms Traffic Control ewices (MUT i). J:\Avon Village\4.0 Filing 3\Tract B Asphalt Batch Plant\CDOT Village Filing 3 Asphalt and Crushing Operation Cornments.doc 2 Exhibit A Village at Avon CDOT Asphalt Batch Plant Revegetation Bond Estimate Prepared by: J. Schneider 5/7/08 Tract H Revegetation Estimate No. Item Description Quantity Unit 1 Mobilization 1 LS 2 Revegetation 767,200 SF 3 Temporary Irrigation 1 LS Total Tract H Tract B Revegetation Estimate No. Item Description Quantity Unit 1 Mobilization 1 LS 2 Revegetation 49,200 SF 3 Temporary Irrigation 1 LS Total Tract B Total Both Sites 20% Contingency Revegetation Bond Amount Unit Price $ 20,000.00 $ 0.25 $ 12,800.00 Unit Price $ 20,000.00 $ 0.25 $ 6,400.00 Total Price $ 20,000.00 $ 191,800.00 $ 12,800.00 $ 224,600.00 Total Price $ 20,000.00 $ 12,300.00 $ 6,400.00 $ 38,700.00 $ 263,300.00 $ 52,660.00 $ 315,960.00 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town EngineerQ- Jeffrey Schneider, P.E., Project Engineer Date: May 8, 2008 Re: Lake Street Public Improvements Schedule Update Summary: This memorandum is to provide a brief update on the construction schedule for the Lake Street Public Improvements. Lake Street consists of a new roadway from the existing intersection of West Beaver Creek Boulevard and West Benchmark Road, proceeds to the southwest along Buck Creek, curves west of the Recreation Center and proceeds due south to the western at -grade Railroad Crossing at Riverfront Lane. To date, the contractor has had approximately eight weather days with no site activity. In comparison, the Avon Station project had two weather days over a six -and -a -half month construction duration. This, combined with saturated ground conditions due to ample snowfall during the winter months on already poor subgrade material, delayed interim parking lot completion approximately one week. Paving is scheduled for Thursday, May 15, and the interim parking lot is scheduled to be striped and open to the public on Friday, May 16. A three week look -ahead schedule is attached as Exhibit A to this memorandum. Demolition on the north end of Benchmark Road should commence the week of May 12th, with crosswalk installation across West Beaver Creek Boulevard schedule to occur in the last two weeks of May. Despite delaying the completion of the Recreation Center parking lot, the entirety of the project is still on schedule. Due to the scope changes as directed by council at the April 22, 2008 meeting, during which the intersection plaza at Lake Street and Main Street was deleted, revised construction plans are being finalized as of the composition of this memo and a revised project schedule will be presented at the next council update. Town Manager Comments: Attachments: Exhibit A Three-week Look -ahead Schedule Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Justin Hildreth, P.E., Town Engineer 10,(6/_, May 8, 2008 Main Street Design Update Summary: On March 25, 2008, Town Council awarded the Main Street design contract to the Britina Design Group (Britina). This, memo is to update Town Council on the status of the Main Street Design project. Background: The Main Street project consists of a new road from Avon Road to Lake Street which will be the east portal of Harry A. Nottingham Park. The project will include utility, drainage, and roadway work on the area immediately east of the Avon Public Library, and will consist of a shared vehicular/pedestrian roadway that prioritizes public gathering spaces, plazas, and unimpeded pedestrian movements. The streetscape will follow the design guidelines and concepts set forth in the Town Center West Investment Plan. Discussion: Britina is well into the information gathering tasks of the Main Street design project, and these tasks include adjacent property owner out reach, surveying, creating a stakeholder group, and initiating discussions with the Avon Arts Council. Britina will be able to move into the preliminary design phase once the information gathering tasks have been completed. Schedule: The design schedule for Main Street is short but manageable for such a complicated project. A copy of the schedule is attached and although Britina has just started the project, they are still on track to complete the project by the end of the year so it can be put out to bid in January 2009. Also, a copy of the poster and post card that are being placed at properties immediately adjacent to the project is enclosed. The poster and post card advertise several meetings and citizen surveys that are planned as part of the Main Street project. The goal of these meetings is to solicit input and neighborhood's buy -in of the project so that they are fully aware once construction starts in spring 2009. In addition, on May 22, 2008, Britina will be hosting an open house in conjunction with VAG and the Harry A. Nottingham Park Master Plan. Britina, VAG and Staff think we will get a better turnout combining the two open houses. Also, the same people that will attend the Harry A. Nottingham Park Master Plan will have an interest in attending an open house to discuss the design of Main Street. The current schedule has Britina presenting the Preliminary Design with two design alternatives to the Planning and Zoning Commission on July 15, 2008, and to Town Council on July 22, 2008. Britina plans on returning to Town Council two more times: before the start of Final Design and at 60% Construction Documents stage. Previous Council Action: On March 25, 2008, the Avon Town Council approved the Britina contract for the design of Main Street. Financial Implications: The financial implications are minimal at this time since the funds are included in the 2008 Avon Urban Renewal Authority budget. Proposed Motion: N/A - no official council action Town Manager Comments: ID 1 3 4 5 6 7 8 10 11 12- 13 14 15 16 17 18 19 20 21 22- 23 24 25 26 27 28 29 — 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 O , Task Name TOWN OF AVON - MAIN STREET Phase I - Information Gathering, Review & Analysis KICKOFF MEETING AND SITE WALK PROJECT ANNOUNCEMENT ONE-ON-ONE MEETINGS WITH PROPERTY OWNERS FINALIZE RESULTS OF ANNOUNCEMENT AND ANY ONE-ON-ONE MEETINGS UTILITY CORRIDOR SURVEY ® SUBSURFACE EXPLORATION - -- --_-- FACADE AND SITE PHOTO DOCUMENTATION SITE INVENTORY AND ANALYSIS ---- 1ST STAKEHOLDER / TOA MEETING Phase II - Streetscape Improvements - Preliminary & Final DEVELOP (2) PRELIMINARY PLAN OPTIONS 2ND STAKEHOLDER/TOA MEETING --- 'µ 1ST PUBLIC MEETING PLANNING COMMISSION REVIEW AND COMMENT TOWN COUNCIL REVIEW AND COMMENT DEVELOP FINAL DESIGN PLAN - - -- 3D MODELING AND ANIMATION ---- ---- ---- --- 3RD STAKEHOLDER /TOA MEETING 2ND PUBLIC MEETING .-_ _' --.. .-_. _....._. ._,.......... TOWN COUNCIL REVIEW AND COMMENT - - -- Phase III - Construction Documents and Bid Package ADDITIONAL SURVEY - LAKE STREET WORK TOWARDS 60% SUBMITTAL -- - -- -- 60% CD SUBMITTAL TOWN COUNCIL 60% CD PRESENTATION MEETING WITH TOWN OF AVON - REVIEW SUBMITTAL COMMENTS WORK TOWARDS 90% CD SUBMITTAL -- ® ' 90% CD SUBMITTAL ® { MEETING WITH TOWN OF AVON - REVIEW SUBMITTAL COMMENTS WORK TOWARDS 100% CD SUBMITTAL 100% CD SUBMITTAL MEETING WITH TOWN OF AVON- REVIEW SUBMITTAL COMMENTS Birda } WORK TOWARDS BID SET SUBMITTAL BID SET SUBMITTAL Phase IV - Construction Administration Services PRE -CONSTRUCTION AND DESIGN PHASE ASSISTANCE PRE -BID SERVICES AND BID RECOMMENDATION ADVERTISE FOR CONSTUCTION BIDS PRE -BID MEETING BID OPENING AWARD CONTRACT AT TOWN COUNCIL MEETING BEGIN CONSTRUCTION OWNER'S REPRESENTATIVE SERVICES PHASE -- END CONSTRUCTION Duration 403 days 32 days 1 day 27 days 1 day 1 day... 15 days 10 days 10 days 24 days 1 day... 62 days 28 days Start Wed 4116/08 Wed 4/16/08 Wed 4/16/08 Thu 4/17/08 Thu 5/1/08 Fri 5/23/08 Mon 4/28/08 Mon 4/28/08 Mon 4/28/08 Finish Fri 10/30/09 Thu 5/29/08 Wed 4/16/08 Fri 5/23/08 Thu 5/1/08 Fri 5/23/08 Fri 5/16/08 Fri 5/9/08 Fri 5/9/08 Mon 4/28/08, Thu 5/29/08 Thu 5/29/08 Thu 5/29/08' Mon 6/2/08 Tue 8/26/08 Mon 6/2/08 Wed 7/9/08 1 day ! Wed 7/9/08 Wed 7/9/08 1 day Thu 7/10/08 Thu 7/10/08 1 day Tue 7/15/08 Tue 7/15/08 1 day Tue 7/22/08 Tue 7/22/08 28 days Mon 7/14/08 Wed 8/20/08 62 days 1 day 1 day 1 day 110 days 8 days 55 days 1 day 1 day 1 day 20 days 1 day Mon 6/2/08 Tue 8/26/08 Wed 8/13/08 I Wed 8/13/08 Thu 8/21/08 I Thu 8/21/08 Tue 8/26/08 Tue 8/26/08 Mon 8/11/08 Fri 1/9/09 Mon 9/15/08'. Wed 9/24/08 Mon 8/11/08 Fri 10/24/08 Fri 10/24/08 I Fri 10/24/08 Tue 10/28/08 Tue 10/28/08 Fri 10/31/08 Fri 10/31/08 Mon 10/27/08 Fri 11/21/08 Fri 11/21/08 Fri 11/21/08 1 day Mon 12/1/08 15 days Mon 11/24/08 1 day Fri 12/12/08 1 day Fri 12/19/08 20 days Mon 12/15/08 1 day Fri 1/9/09 370 days Mon 6/2/08 160 days Mon 6/2/08 107 days Mon 10/13/08 1 day Fri 1/16/09 1 day Fri 1/30/09 1 day Fri 2/13/09 1 day Tue 3/10/09 1 day Mon 3/30/09 155 days Mon 3/30/09 1 day Fri 10/30/09 Mon 12/1/08 Fri 12/12/08 Fri 12/12/08 Fri 12/19/08 Fri 1/9/09 Fri 1/9/09 Fri 10/30/09 Fri 1/9/09 Tue 3/10/09 Fri 1/16/09 Fri 1/30/09 Fri 2/13/09 Tue 3/10/09 Mon 3/30/09 Fri 10/30/09 Fri 10/30/09 _ Apri12008.j_ ___May_2008__ June 2008_ �mbeL Jul 2008 � _ August 2008 ; Se ter 2008 !_ _ October 2008 November 2008_ December 2008 �_ January 2009 3/304/66 4/13.14/20!4/27115/4 5/11 5/18 5/25 6/1 F 6/8 [6771-51072-2-16/29.17/8 7/13 7/2017/27 8/3 5/1018/17_1_8/24-10-/3j11 9/719/14 9/21 9/2810/51110/1210/19:10/2611/2111911/1611/23 41 11/30112/7112/12/2112/2811/4[1/11 1/18 • 4/.1.. • 5/23 • 5/29 • 7/9 • 7/10 • 7/15 • 7/22 • 8/13 • 8/21 • 8/26 ♦ 10/24 • 10/28 • 10/31 • 11/21 • 12/1 ♦ 12/12 • 12/19 1/9 . 1/16 The Britna Design Group Team April 24, 2008 TOWN OF AVON - MAIN STREET Project Schedule ID I Task Name ;TOWN OF AVON - MAIN STREET Phase I - Information Gathering, Review & Analysis KICKOFF MEETING AND SITE WALK PROJECT ANNOUNCEMENT 27 days ONE-ON-ONE MEETINGS WITH PROPERTY OWNERS __--1 day FINALIZE RESULTS OF ANNOUNCEMENT AND ANY ONE-ON-ONE MEETINGS 1 day UTILITY CORRIDOR SURVEY 15 days _. - 4714 --_ 1144 1171 1444. 1444... 4147 SUBSURFACE EXPLORATION 10 days FACADE AND SITE PHOTO DOCUMENTATION 10 days SITE INVENTORY AND ANALYSIS --- 717724days 1ST STAKEHOLDER /TOA MEETING 1 day 1444. 4444.. 1144_ __ 4444. - 7414 1144 1747.. 4444__ 1441. Phase II - Streetscape Improvements - Preliminary & Final 62 days DEVELOP (2) PRELIMINARY PLAN OPTIONS 28 days 2ND STAKEHOLDER /TOA MEETING 1 day 1444_ 1114_ 4171 1411_. 4114 4111 7411 1444. 444,4.. 1114 1ST PUBLIC MEETING 1 day PLANNING COMMISSION REVIEW AND COMMENT ---- 1 day TOWN COUNCIL REVIEW AND COMMENT 1 day 4444._ 4414 4444.. 4474. ___ 7714 4111. 4441_. 4141 1414 DEVELOP FINAL DESIGN PLAN 28 days __- ___ 1144. 4444_. 4441.. 4441_. 4171 4741 4114 4411 3D MODELING AND ANIMATION 62 days 3RD STAKEHOLDER / TOA MEETING 1 day 2ND PUBLIC MEETING 1 day .__. TOWN COUNCIL REVIEW AND COMMENT 1 day Phase III Construction Documents and Bid Package 110 days 44E 1441 __. _ _.. 4471. 1144 1444 ADDITIONAL SURVEY - LAKE AKE STREET 8 days 4411. 1111.. 1114_ 4141__ 4414. ___ 1444 _. 1144. __. WORK TOWARDS 60% CD SUBMITTAL 55 days 1144 4441._ 7777- 7111 1144 4174 4444.. -_- 1441 ....... 60% CD SUBMITTAL 1 day 4444_. 1414.. 4474_. 4171 4444_ 4:744 4411. 4144 4444 4444.. ..:. TOWN COUNCIL 60% CD PRESENTATION 1 day MEETING WITH TOWN OF AVON - REVIEW SUBMITTAL COMMENTS 1 day - - WORK TOWARDS 90% CD SUBMITTAL 20 days 90% CD SUBMITTAL 1 day ___ 1144_ 4444._ 4411_._ 4444._ 1411_ 1144_ ___ 7144 __ MEETING WITH TOWN OF AVON - REVIEW SUBMITTAL COMMENTS 1 day WORK TOWARDS 100% CD SUBMITTAL 15days 100% CD SUBMITTAL 1 day 4117 1411_. 1114_ __. 4444- 4141 4444... 4414. 4144 _. MEETING WITH TOWN OF AVON - REVIEW SUBMITTAL COMMENTS 1 day _.- 1111__ 1411_ 4174 4444.. 4441.. 4441... 1117 4141 4144 WORK TOWARDS BID SET SUBMITTAL 20 days BID SET SUBMITTAL __-- ---- 7777 ----1 day 4444. 4114. 4414 4444._ 41:44.. 4444. 4444... 4471 1411 1147_ Phase IV - Construction Administration Services 370 days PRE -CONSTRUCTION AND DESIGN PHASE ASSISTANCE 160 days PRE -BID SERVICES ANDBID RECOMMENDATION _-- --- --- 107 days ADVERTISE FOR CONSTUCTION BIDS 1 day 1414. 1111 7144. 1444 _._ 4411 _._ 4114 __ _. PRE -BID MEETING 1 day BID OPENING _....1 day AWARD CONTRACT AT TOWN COUNCIL MEETING 1 day 4114 1114__ 1414 1414 4144. 1444_. 1441__ 1444- 4441._ _. BEGIN CONSTRUCTION 1 day _.. 4117_ 1144.. ._. _- 4444__- 1411 1474 4441_ 4114 4441 OWNER'S REPRESENTATIVE SERVICES PHASE 155 days END CONSTRUCTION 1 day Duration Start Finish 403 days Wed 4/16/08 Fri 10/30/09 32 days ; Wed 4/16/08 Thu 5/29/08 1 day Wed 4/16/08 Wed 4/16/08 .4.17/0_.. i.... ..... Thu 4/17/08 Fri 5/5/23/088 Thu 5/1/08 Fri 5/23/08 Mon 4/28/08 Mon 4/28/08 Mon 4/28/08 Mon 4/28/08 Thu 5/29/08 Mon 6/2/08 Mon 6/2/08 Wed 7/9/08 Thu 7/10/08 Tue 7/15/08 Tue 7/22/08 Mon 7/14/08 Mon 6/2/08 Wed 8/13/08 Thu 5/1/08 Fri 5/23/08 Fri 5/16/08 Fri 5/9/08 Fri 5/9/08 Thu 5/29/08 Thu 5/29/08 Tue 8/26/08 Wed 7/9/08 Wed7/9/08 Thu 7/10/08 Tue 7/15/08 Tue 7/22/08 Wed 8/20/08 Tue 8/26/08 Wed 8/13/08 Thu 8/21/08 Thu 8/21/08 1414 4444. 4141.. Tue 8/26/08 Tue 8/26/08 Mon 8/11/08 Mon 9/15/08 Mon 8/11/08 Fri 10/24/08 Tue 10/28/08 Fri 10/31/08 Mon 10/27/08 Fri 11/21/08 Mon 12/1/08 Mon 11/24/08 Fri 12/12/08 Fri 12/19/08 Mon 12/15/08 Fri 1/9/09 Mon 6/2/08 Mon 6/2/08 Mon 10/13/08 Fri 1/16/09 Fri 1/30/09 Fri 2/13/09 Tue 3/10/09 Mon 3/30/09 Mon 3/30/09 Fri 10/30/09 Fri 1/9/09 Wed 9/24/08 Fri 10/24/08 Fri 10/24/08 Tue 10/28/08 Fri 10/31/08 Fri 11/21/08 Fri 11/21/08 Mon 12/1/08 Fri 12/12/08 Fri 12/12/08 Fri 12/19/08 Fri 1/9/09 Fri 1/9/09--- Fri 10/30/09 Fri 1/9/09 Tue 3/10/09 Fri 1/16/09 Fri 1/30/09 ._... - ��-- Fri 2/13/09 Tue 3/10/09 Mon 3/30/09 Fri 10/30/09 Fri 10/30/09 1/25 February 2009 March 2009 _ �April 2009 J May 2009 1 June 2009 L....Ju1�2009 _ August 2009 .___ I September 2009 j__ October 2009 ___ ___November 2_ 2/11_2/8_1_2/15_12/22 3/97.379a73/15,13/22713/2,C,,4/5 4/1214/19121/26 5/3 5/10 5/11175/2415/31 T -6/716/14_16/211-6/281-77a: :7/12 7/19 7/26 8/2 f 8/9 8%16 8/23 8/301 9/6.. 9/1 9/2019/2 10/4 10/1110/18110/25.11/1 � 11/8 111/15 • 1/30 • 2/13 • 3/10 • 3/30 10/30 The Britina Design Group Team April 24, 2008 TOWN OF AVON - MAIN STREET Project Schedule THE TOWN OF West STREETSCAPE I The Avon West Main Street design projectrepresents an important moment With:the West Main Street Streetscape Improvements project, Britina Design'. for the Avon community Drawing on the vision put forth in the West Town Group"is carrying forth that vision into built reality Please join the process Center District Investment. Plan, the design and construction of Main Street ' of improving Downtown Avon by voicing your .opinion and concerns in these will build upon years of visioning, dedication and :commitment to Avon's surveys, open-houses,and presentations. With your, participation, West Main downtown public spaces; Street will `become the vibrant heart of ' the Town of Avon. Fr N.• i- tlLI O .E w H tL cn 17; aV vw A' Wu'+) I- N cn Q_ ��QitMATION:.. GAT.NERING. , INARy Review of Main Street am 001 ONLINE SURVEY Deadline: 19 May 2008 GROUNDBREAKING PUBLIC MEETING 10 July 2008 ENTS bhc Participation Schedule ONLINE SURVEY = Available May 8 ;19, 2008 Help us understand: your West Main' Street. Design and Construction concerns. Direct your web browser to: httpdiwww.avon.org. PUBLIC MEETING #1 - July"i 0, 2008- Beaver Creek Room at Avon Public Library - 5:00 -PM Presentation and feedback for ;the West Main Street Preliminary Design Options.. PLANNING commissiON MTG - july 15,2008 Council Chamber at -Avon Municipal Complex- 6:00 PM West Main Street Design Options presentation toAvan'Plan'ning Commission. TOWN COUNCIL MEETING.- July 22, 2008 Council Chamber at Avon Municipal Complex 6:00 PM West Main Street Design Options presentation to AvonTown Council. PUBLIC MEETING #2-August21, 2008 Beaver tredc;Room at Ann Public Library F 5:68 PM Presentation and open house for the West Main Street Final Design. TOWN COUNCIL MEETING. August 26,'2008 Council thawber at on Municipal Complex - 6:00 PM . ' West Main Street Final Design presentation to Avon Town Council PUBLIC MEETING 21 August 2008 Starting May 8th www.avon.org Design Options PLEASE ADD THESE IMPORTANT PUBLIC P ,RTICIPATION s, n} Presentation of Final Main Street Design w -r DATES TO YjOUR CALENDAR! 1 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineerq Date: May 8, 2008 Re: Transportation Master Plan Update Summary: The 2008 Capital Improvements Project (CIP) budget included $250,000 to complete a new transportation master plan for the Town of Avon. This memo is to update Town Council on the status of the Request for Proposals for the Transportation Master Plan. Background: The most recent Town of Avon Transportation Plan was completed in 1991 and updated in 1996, and does not reflect the current condition, growth and philosophy of the Town. The plan was updated prior to the construction of the Avon Road roundabouts and the annexation of the Village (at Avon) development, which is zoned for 2400 housing units and 650,000 square feet of commercial space; of which approximately 376,000 square feet of commercial space has been constructed to date. The previous transportation plans are vehicular focused and provided only minimal attention to other modes of transportation. This philosophy has resulted in poor pedestrian connectivity throughout the Town and inadequate accommodation of bicyclists. The current philosophy is to improve multi -modal transportation alternatives in a more creative light. The new transportation plan will make pedestrian, bicycle, and transit traffic as important, and in some areas more important, than vehicular traffic as referenced in the 2006 Comprehensive Plan. In addition, the Town prepared and adopted a Comprehensive Plan in 2006, which sets forth the vision for future land use, including a transit -oriented development pattern on the valley floor and priorities for trails and pedestrian access. Following the completion of the Comprehensive Plan, the Town initiated a major redevelopment of the Town Center, which includes realigning existing streets and the construction of a new Main Street. A comprehensive traffic study has not been done as part of the Town Center West Redevelopment Plan and Town Center East Plan. The proposed Transportation Plan will analyze the impact of the Town Center redevelopment on the immediate impacted areas and the entire Town. Discussion: The primary goal of the project is to assist the Town in providing transportation facilities to the residents and guests of Avon in a sustainable way. For vehicular traffic, this includes the goal of providing a acceptable level of service for through streets and for intersections. These goals shall also complement the need for other modes of transportation including pedestrian, bicycle, bus and rail transit, and winter gondola service. The project scope shall include all roads within the town limits of Avon, including US 6 and the I- 70 interchanges. Capacity of I-70 is not part of the scope but the impact of future through traffic growth on the local infrastructure will be included as part of the project. Other regional and county -wide transportation visions and policies will be incorporated into the new Transportation Plan where possible. In addition, the new Transportation Plan will include a conceptual -level evaluation of potential improvements of the existing street system and changes to existing design standards that will improve pedestrian and bicyclist mobility. Transit is integral to the Town's long-term vision as expressed in the Town's Comprehensive Plan. The Town currently runs several bus routes on the valley floor serving both guests and employees; these routes vary by season and time of day. The current bus routes are currently centered around Avon Station, which was completed in 2007 and is located on Benchmark Road, east of the Seasons and north of the Gondola. Several other routes and areas for transit service are expected for the future (.e.g, Village at Avon, Nottingham Commercial area). The plan will analyze the existing transit system, recommend improvements to the existing system, project future ridership, and recommend future improvements to the system. Currently, the Avon Municipal Code lacks standards for when Traffic Impact Studies are required from developers and how to evaluate them. In addition, the existing road standards are dated and do not reflect the current community with an urban town core and residential mountain subdivisions. Therefore, the plan will recommend traffic impact study and road standards for new development, so that Town Staff can propose to have them codified if appropriate. Schedule: The proposals are due on May 23, 2008. It will take several weeks for Staff to evaluate the proposals and interview the finalists if necessary. It is expected that the contract will go to Town Council on June 10, 2008, so that the consultant can gather traffic count data during the summer season. There may be an additional data collection effort in March of 2009 to gather traffic data and patterns during the winter season. A draft master plan should be completed in April of 2009 for comment by the Planning and Zoning Commission, Town Council and the Public. The master plan should be completed in May of 2009, so that potential projects can be included in the 2010 Capital Improvements Budget. Previous Council Action: On December 11, 2007, the Avon Town Council approved the 2008 Town of Avon budget which includes $250,000 for a new Transportation Master Plan Financial Implications: The financial implications are minimal at this time since the funds are included in the 2008 budget. Proposed Motion: N/A - no official council action Town Manager Comments: • Page 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer Shane Pegram, Engineer I Date: May 8, 2008 Re: West Beaver Creek Blvd On -Street Parking Update Summary: On April 22, 2008, Town Council directed Staff to reexamine the potential on -street parking options for West Beaver Creek Blvd. During that meeting Staff recommended overlaying West Beaver Creek Blvd from Avon Road to Benchmark Road and adding on -street parking in from of the Sheraton and Post Office. Town Council gave Staff direction to postpone overlaying West Beaver Creek Blvd at this time because of the potential for substantial reconfiguration of West Beaver Creek Blvd after the completion of the Transportation Master Plan next year. Background: Due to the reduction in public parking as a result of the Lake Street project, Town Council directed Staff to look for potential locations in the Town Center that are suitable for on - street parking. Staff located two areas on West Beaver Creek Blvd that can be used for on -street parking with little cost and impact to traffic circulation: in front of the Sheraton and in front of the Post Office. The plan recommended by Staff on April 22, 2008, proposed overlaying West Beaver Creek Blvd for two reasons, the first is the poor condition of the asphalt and the second is to ensure the striping is clear after it is changed to accommodate the on -street parking. Discussion: Staff examined ways to allow on -street parking while minimizing the changes to the current striping since the road will not be overlayed. Staff is recommending that the striping on east bound West Beaver Creek Blvd be slightly altered to modify the current configuration of a 5 -foot wide bike lane and two 11 -foot wide through lanes to a 7 -foot wide parallel parking lane and two 10 -foot wide through lanes. Staff is recommending that the striping in front of the Post Office be changed from a 13 -foot wide turn lane and one 11 -foot wide through lane to a 13 -foot wide parallel parking lane and one 11 -foot wide through lane. There is not enough room in the area for diagonal parking, since it requires a minimum 21 -foot width. Staff is not recommending changes to the center turn lane until the conceptual road design is prepared as part of the Transportation Master Plan. In addition, reconfiguring the center will confuse motorists with excessive milling and restriping. Previous Council Action: On April 22, 2008, the Avon Town Council approved the concept of parallel parking on West Beaver Creek Blvd and directed staff to postpone overlaying West Beaver Creek Blvd. Financial Implications: The cost to mill and re -stripe West Beaver Creek Blvd. is $6,000, and it will be paid from the 2008 Street Improvements budget. Additional information on the 2008 Street Improvements budget is outlined in the Change Order 04 - 2007 Street Improvements Memo included on the Consent Agenda. Also, it will cost approximately $20,000 to patch and repair West Beaver Creek Blvd and that will be paid from the road maintenance budget. Proposed Motion: N/A - no official council action Town Manager Comments: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Media Team — Scott Wright, Patty McKenny, Becky Lawlor, and Cindy Kershaw Date: May 13, 2008 Re: Media Improvements for Town Council Meetings Summary: This memorandum is intended to present to Council a media improvements package for Town Council meetings and other meetings and events the town may want to film, broadcast and provide access to via the web. Background: The current Town Council audit and video system has not had the functionality quality as the Town Council and staff had hoped for. The current video recording system, Digitron, has turned out to be more of a surveillance system rather than a production quality video recording system. Therefore, it has not been useful for Channel 5 or for other town media purposes. However, the Digitron cameras can be added on to the existing Digitron system at the Recreation Center for surveillance and a new video recording system can then be installed in Council Chambers. Discussion: The first component researched was the Council Chambers audio set up. It is believed, at this time, that the audio is fine and that the sound problems can be fixed by an improved video system and by training staff to speak directly into microphones. If the audio doesn't improve after these measures are taken, the next step would be to look at replace some or all of the microphones, but it is not anticipated that we would need to replace all of them. After researching video recording options for the Council Chambers, town staff has agreed that the Toastmaster video system would be the best system for our purposes. Input from Channel 5 concurred that this system would best meet both our needs and their needs. It is very user-friendly, compact, portable and includes four cameras with as many preset options as desired. It was discussed that for Town Council meetings, Channel 5 would run the Toastmaster instead of using their own recording equipment. This way staff time does not have to be used to record and Channel 5 can edit as it is filming, which will save them time as well. Another component of an improved media package for Town Council meetings is the ability to web stream meetings. At the first of this year, Eagle County announced that they will begin offering web streaming as part of ECO TV (Channel 16) using Granicus software. The Town of Avon will be given its own "web channel" and town council meetings and other video recordings will be posted there. This is a free service that we will be able to utilize once a new video recording system is in place. We cannot utilize it at present with our current video recording system. Currently, if you do not have cable TV, you are unable to view town meetings. Web streaming Town Council meetings would give everyone in the town access to our meetings on a 24/7 basis, While the ability to web stream through Eagle County's ECO station is exciting and we can link to the TV station from our website, there is also the opportunity for us to have our own web streaming capabilities and to have the videos link to our Town Council Agendas so that users can click on a specific agenda item and be taken directly to that point in the web stream video. The software for these features would be provided by Granicus. Financial Implications: Replacing the video equipment in Council Chambers was not included in this year's budget and will require a budget amendment. There is approximately $10,000 in the Community Relations budget for web site improvements and this amount can be applied toward the Granicus software. Associated annual maintenance and service costs will be included in the general fund's final revised 2008 budget. In addition to the amounts listed on the proposal from Toastmaster and Granicus, the IT Department has estimated that an additional $1,000 is necessary to install cabling for the Toastmaster system and an additional $2,800 for hardware to run the Granicus software. There will also be an additional labor cost for Digitron to reinstall the cameras at the Recreation Center during the remodel approved for this year. All costs have been included in the cost estimates listed below. Exhibit A contains only the Toastmaster and Granicus proposals. Option I: Video replacement only (can web stream via ECO TV) Toastmaster System $ 28,995 Cabling 1,000 Re -installation of Digitron Cameras at Rec Center 1,000 Total $ 30,995 Associated annual costs: (Optional) Annual Tech Support (Optional) Current Software Download Subscription $ 1,329 300 Total $ 1,629 Option II: Video Replacement, Town Web Stream Capabilities & Agenda Software Toastmaster System Cabling Web streaming & Agenda software Hardware Costs Re -installation of Digitron Cameras at Rec Center $ 28,995 1,000 9,628 * 2,800 1, 000 Total $ 43,423 *This amount can come from Community Relations 2008 budget for website improvements. Associated annual costs: (Non -optional) Web streaming annual service cost (Optional) Toastmaster costs $ 7,154 1.629 Total $ 8.783 Timeline: If Council approves purchasing the Toastmaster system it will take approximately 15-30 days to have it up and running for Town Council meetings. If the Council approves the Graniucs software for webstreaming and agenda links, it will take approximately 2-3 months to have full webstreaming capabilities. Recommendation: It is staff's recommendation that Council approve Option II, which includes both the Toastmaster and the Granicus webstreaming software. • Page 2 Attachments: Exhibit A: Toastmaster and Granicus Proposals Town Manager Comma!) • Page 3 800 Parker Square Suite 200 • Flower Mound, TX 75028 • 888.894.7874 • rushworksmedia.com ToastMaster TAPELESS Meeting & Event Production System prepared for Becky Lawlor TOWN OF AVON March 13, 2008 QtY`� Description 1 TOASTMASTER Digital Production System (4 camera PORTABLE) 3U Quiet Chassis; Core2 DUO 1.86GHz 2GB DDR (RAM) Windows XP Pro SP 2 2 x 320GB HD (approx. 75 hrs MPEG-2 Q 8Mb/sec) mirrored DVD-RW (-/+) Keyboard/Mouse 10/100/1000 Ethernet 4 x USB 2 x IEEE 1394 (FireWire) 4 x COM port / VGA / parallel port TOASTMASTER hardware/software configuration SX-84 AV I/O panel TOASTMASTER PTZ camera control module 19" LCD monitor 19" rack mount 4 x 4" LCD camera monitors w/switcher tally 4 x PTZ cameras: serial control; 26:1 optical zoom Camera Control Joystick RUSHWORKS RTE -500 real-time MPEG-2 encoder wNVeb streaming Portable Pop -Up Case with wheels/pull-out handle (19" LCD/4x4"LCD) Portable Pop -Up Case with wheels/pull-out handle (computer and BOB) Portable Case with wheels/pull-out handle (4 cameras) 500' Belden 7912A Siamese camera cable (RG6/CAT5) 4 x Portable Camera Stands with Camera Mounting Plates Note: Cable runs to each camera position are the responsibility of the Town of Avon. RUSHWORKS will terminate cables and mount cameras. Terms: 50% with Purchase Order; balance due prior to shipment Systems generally available for shipment 10 business days after receipt of Purchase Order. Unit Price TOTAL $26,580 $26,580 Annual System Assurance Plan (ASAP) first year included SUPPORT: 24/7 Email • Phone • Workstation Access $1,329 SOFTWARE: Current Software Download Subscription $300 (Renewable yearly) SubTotal $26,580 Installation & Training $1,200 Sales Tax *Shipping & Handling vits4 !mill Travel Expenses • �d TOTAL ( $28,995 (add 2% for AMEX transactions) *UPS Ground $199 $1,015 1/24/2008 To : Town of Avon Becky Lawlor Community Relations Officer Via email Becky, I would like to thank you for taking the next step in improving public access and meeting efficiency. Together, we can make sure you have the solution that meets your organization's specific needs. We look forward to assessing where you are at today, showing you what is possible and determining where you would like to go with respect to public access and public meeting management. Ultimately, it is our goal to bridge the gap between where you are at today and where you would like to go with our software, professional services and infrastructure. The following proposal represents a guarantee. When you receive a proposal from Granicus, we promise to perform enough due diligence such that we will deliver your solution on -time, on budget and with no surprises. Very Kind Regards, Michael Osuna South Central Regional Director Granicus, Inc. (ir r c:s, Its R _.ir6 Milk.;; d Srr:r'f, 9416.:t •Si { _ Proposed Solution Pricing Software Modules MediaManager MinutesMaker (1 Meeting Body ) Outcast Encoder (1 License ) Sales Tax 0 % Software Subtotal Professional Services Software Installation and Configuration On -Site Training (3 Days ) Phone/Web Training (2 Hours ) (1) - Document Template (1) - Player Template (1) - View Template Sales Tax 0 Professional Services Subtotal Gr�ersrc�.rs, Inc. a .F;2 I ! --..tract, `ti CC, a $1,500.00 $750.00 $150.00 $0.00 $2,400.00 $352.50 $5,400.00 $300.00 $225.00 $225.00 $225.00 $0.00 $6,727.50 Proposed Solution Pricing Hardware Components (May be provided by Town) (1) - Osprey 230 Video Capture Card (1) - Foot Pedal Sales Tax Hardware Subtotal Shipping • 0% Total Sales Tax+ 00/0 $450.00 $0.00 $0.00 $450.00 $50.00 $0.001 Total Up -Front Software, Professional Services & Hardware $9,627.50 Total Monthly Managed Services $569.16 This Proposal was generated by Michael Osuna of Granicus, Inc. on 1/24/2008 and it expires on 7/24/2008. *Price and hardware model are subject to change after 90 days without prior notice. +Additional sales tax may apply depending on your organization's tax status and the tax laws unique to your state, county and/or municipality. Inc. ■ £,C;t-i I I nv na Street, 5f e {i::• �.d_i err i _a'.sk. ri',•A: 94 ii,A ■ 4r'_ +�, f-1 x HEART of the VALLEY Memo AVON COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager, Community Development Date: May 13, 2008 Town Council Work Session Re: Planning & Zoning Commission Appointment Summary: At your April 23, 2008 meeting, four vacancies of the Planning and Zoning Commission were filled. Three continuing members of the Planning and Zoning Commission were reappointed: Phil Struve, W. Todd Goulding, and Andrew Lane. In addition to the continuing members, Scott Prince was appointed to the Commission. Since your last meeting, the Community Development Department was informed by Juila Foster (term expiration 5/1/09) that she would no longer be able to serve on the Commission since she will be leaving the valley. Due to Commissioner Foster's absence, one more vacancy must be filled. Attached to this Memorandum is an application form from Leslie Roubos, interested in filling this one-year vacancy position. At your Work Session on May 13, 2008, staff would ask that the Town Council to interview Leslie Roubos, and after an interview, formally appoint Leslie during the Regular Meeting. Recommendation: After interviewing the new applicant, Staff recommends that the Town Council appoint Leslie Roubos for the vacant Planning and Zoning Commission term, which expires May 1, 2009. Town Manager Comments: Exhibits: A: Application Material May 08 08 08:46a Leslie (970) 845-7587 p.2 Date of Application EMPLOYMENT APPLICATION Town of Avon, PO Box 975, Avon, CO, 81620 970-7484000 /s, lag We are an equal opportunity employer, dedicated to a policy of non-discrimination in employment on any basis including race, creed, color, age, sex, religion or national origin. Mass Pilot or Typo For what position are you applying? Referred By: ❑ Advertisement 'Friend O Relative ❑ Walk-in ❑Job Fair O Other ❑ Website ❑ Email from Website ❑ Town of Avon Employee (include name of employee) Name ott_bos Leslie Last First Middle Initial Mailing Address PO - I fi I /A17-61,1 ( I/6 ZO Telephone ( % -1 ) ) / 7 -s -S Social Security Number 1 _ _ Are you at least 18 years old? yes ❑ no Have you filed an application here before? ❑ yes ,E no If yes, give date (s) Have you ever been employed by the Town of Avon before? ❑ yes r no If yes, give date(s) and position held Are you employed now? )51 yes ❑ no May we contact your present employer? , yes D no Are you prevented from lawfully becoming employed in this country because of Visa or Immigration Status? ❑ yes .X. no On what date are you available for work? I. len im><.,aLtz.2-('C 0 Are you available O Full -Time Part -Time ❑ Seasonal D Temporary Are you on a lay-off or subject to recall? ❑ yes Vno Have you been convicted of a felon thin the last 7 years? (Conviction of a felony does not automatically bar your chances of employment) ❑ yes no If yes, please explain Are you fluent in other languages? D:( yes ❑ no If yes, which ones? 5iXiduk- Do you have a valid driver's license?`byes ❑ no State of Issue DL# -2-/ q 9- 51 SI Upgrades? (CDL, etc...) Endorsements? Restrictions? Please list any other skills, licenses or certificates that are lob -related Circle highest attained: School Name Did you graduate? _ EDUCATION /� Elementary High School College/University Degree: /V 13A Discipline: Lt rat Uvi. .i.ta i ' t `v.kf V -ip ," City/State c€ h A A. l�t1 ri Specialized Training, Skills, Extra -Curricular Activities (other than religion) '.--vr, _-,ti(1,, May US U25 Ut :46a Leslie EMPLOYMENT EXPERIENCE ( J/U) 645-/56/ p.3 Start with your present or fast job first Employer Phone Number ILSkr-°-u c.kyqq 2i D O Address j / L4Q �Yn , fit, �% Reason for Leaving Dales Employed From To Job Title Sta in Salary Work Performed - Duties iviirtL" Supervisor U d Ending Salary Employer Address rirmi 6L-0 Phone Number Dates Employed From To 4 /MC 5 - Reason for Leaving %3 Uivn ('1 )1 OW/1 19-(A. ?.4J4-c'J--2 Work Performed - Duties 3/2006 3/Z4J rA' livk¢ Job Title Supervisor v/ ( 1 t N Starling Salary Ending Salary Employer Yai..t' J U"1, S (rtc. Address 13 -P .- 1k Reason for Leaving Phone Number 76'74 - Dates Employed Work Performed - Duties From To //99S" 3 /2 0 D 1-7Y1�^ euGidtrs Job Title / /Vr� Y' Y q6- 4 -ee s kib%-71r 4i, Starling alary 7, a f- _L r / , Q/v( )12. Supervisor U dvL4--J Ending Salary Employer Phone Number 744 DI' Address NZ- ilt e-, t✓v Reason for Leaving Dales Employed From To //// 9f, 74q `/? Work Performed - Duties ,yam Ac -ca '`- �; Job Title Supervisor �Y !�1 re -C111 f 1r 4--z Startilig Salary � Ytd fiU `fe-e k is /6,3 - t3' ,/t c ThcA Ending Salary REFERENCES Give name, address, and telephone number of three people who are not related to you and are not previous employers, who you have known at least one year. 1.) )'Lo (91-J-0) 75(74- Z 5`b t 2.) , Z,�Lr sa!-id�1s 6o , 33 i- q ssb • 3.) 1-v tib Y ate fc.1t (A - "..92 `^p-2 , C`' MO 'API AGREEMENT I certify that the answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this applicalonfor employment as may be necessary in arriving at an employment decision. I understand that misrepresentation or omission of facts called for is cause for dismissal. I understand that this application is not and is not intended to be a contract of employment.._Irtige event of employment, I understand, also, that 1 am required to abide by all rules and regulations of the Town of,Avon. rr ign tu`re'6 applicant rDate