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TC Council Packet 02-12-2013TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, FEBRUARY 12, 2013 MEETING BEGINS AT 3:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13 02 12 Page 1 of 3 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT SECTION; COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY 1) CALL TO ORDER AND ROLL CALL 2) APPROVAL OF AGENDA 3) PUBLIC COMMENT 4) RENEWAL LIQUOR LICENSES a) 7-Eleven, Inc. d/b/a 7-Eleven 34209, 008 Nottingham Road, Manager: Maria Portarescu, 3.2% Beer Retail Off Premises Liquor License b) Debbie Marquez Restaurants, LLC, d/b/a Café de Luna by Debbie Marquez, 47 E. Beaver Creek Blvd, Manager: Debbie Marquez, Hotel & Restaurant Liquor License c) Fiesta Jalisco Numero Tres, LLC, d/b/a Fiesta Jalisco, 240 Chapel Place B129, Manager: Ricardo Aragon, Hotel & Restaurant Liquor License 5) CONSENT AGENDA a) Minutes from January 8, 2012 6) ADJOURNMENT TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY FEBRUARY 12, 2013 MEETING BEGINS AT 3:45 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13 02 12 Page 2 of 3 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT SECTION; COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, 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) PUBLIC COMMENT 4) WORK SESSION a) Advanced Guideway Systems Presentation regarding Land Use and Identifying Alternative Station Connections in Eagle County (Beth Vogelsang, OV Consulting) 5) ACTION ITEMS a) CONSENT AGENDA i) Minutes from January 22, 2012 b) Proclamation for One Book One Valley (Lori Barnes, Vail Librarian) Proclamation that announces the title of the book that will be highlighted for the 2013 community reading project, One Book One Valley Program c) PEG Fee Grant Request from Public Access TV5 (JK Perry, Executive Director, Public Access TV 5) Review request to use monies to purchase capital equipment d) Benchmark Lake at H.A. Nottingham Park Update on the Lake Liner Schedule and Budget – Action to delay improvement until after XTERRA (Justin Hildreth, Town Engineer and John Curutchet, Interim Recreation Director) e) LOT 61 WYNDHAM VACATION CLUB DEVELOPMENT i) Public Hearing on First Reading on Ordinance No. 13-02, Series of 2013, Ordinance Approving amendments to the Avon Development Code to amend definitions, permitted uses in the Town Center Zone District, and amendments to regulations concerning time shares and fractional ownership (Jared Barnes, Planner I) ii) Public Hearing on First Reading on Ordinance No. 13-03, Series of 2013, Ordinance Approving a Rezoning Application, Major Design and Development Plan Application, Alternative Equivalent Compliance Application, and Development Agreement for “Wyndham- Lot 61”, located on Lot 61, Block 2, Benchmark at Beaver Creek (Matt Pielsticker, Planner II) f) VILLAGE (AT AVON) SETTLEMENT IMPLEMENTATION i) Update on Settlement Implementation (Eric Heil, Town Attorney) TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY FEBRUARY 12, 2013 MEETING BEGINS AT 3:45 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13 02 12 Page 3 of 3 g) First Reading of Ordinance 13-04, Series of 2013, Ordinance Amending Section 2.02.010 of Town of Avon Municipal Code to Establish a Parks and Recreation Department and Eliminate the Human Resources and Transportation Administrative Departments (Virginia Egger, Town Manager) h) Resolution 13-04, Series of 2013, Resolution Transferring Funds Totaling $30,100.00 from the General Fund Community Development Department to the General Fund Administrative Services Department for the Hiring of a Part-time Administrative Receptionist (Virginia Egger, Town Manager) 6) WORK SESSION - CONTINUED a) Review of Town of Avon Vision Statement, 20132014 Strategy Plan and 2013 Work Plan, developed at the January 14th Council Retreat b) Discussion on Understandings of Council and Staff Roles and Responsibilities when Representing the Town on Committees, Boards and Commissions c) Committee and Board Meeting Updates i) Mayor’s and Manager’s Meeting (Mayor Carroll) ii) UERWA Update (Mayor Pro Tem Goulding) iii) Eagle Air Alliance (Mayor Carroll) d) Councilor Evans Letter Regarding Residency, Report only 7) MAYOR REPORT a) Future Agenda Items 8) EXECUTIVE SESSION a) Discussion to determine positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) related to economic development b) Discussion of a personnel matter under C.R.S. §24-6-402(2)(f) 9) ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: February 26th: Lot 61 Development Application, Meeting with Planning and Zoning Commission TOWN OF AVON, COLORADO MINUTES FOR THE AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, JANUARY 8, 2013 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Liquor Authority Meeting 2/12/2013 Page 1 1) CALL TO ORDER AND ROLL CALL Chairman Carroll called the meeting to order at 5:10 PM. A roll call was taken and Board members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Community Relations Officer Jaime Walker, as well as other staff members and the public. 2) APPROVAL OF AGENDA The Authority approved the Agenda. 3) PUBLIC COMMENT There were no public comments. 4) RENEWAL LIQUOR LICENSES a) Columbine Bakery, Inc. d/b/a Columbine Bakery, 51 Beaver Creek Place, Manager: Ronda Niederhauser, Hotel & Restaurant Liquor License Chairman Carroll noted that the application materials were in order. Board member Evans moved to approve the hotel and restaurant liquor license for Columbine Bakery; Board member Goulding seconded the motion and it passed unanimously by those present (Reynolds absent). b) Bob’s Place, LLC, d/b/a Bob’s Place, 100 W Beaver Creek Blvd, Manager: Robert Doyle, Hotel & Restaurant Liquor License Chairman Carroll noted that the application materials were in order. Board member Evans moved to approve the hotel and restaurant liquor license for Bob’s Place, LLC, d/b/a Bob’s Place; Board member Wolf seconded the motion and it passed unanimously by those present (Reynolds absent). c) Miller’s Bottle Shop d/b/a Joe’s Liquors, 1060 W. Beaver Creek Blvd. #1B, Manager: Scott Seitz, Retail Liquor Store License Chairman Carroll noted that the application materials were in order. Board member Evans moved to approve the 3.2% Retail Liquor License for Miller’s Bottle Shop d/b/a Joe’s Liquors; Board member Wolf seconded the motion and it passed unanimously by those present (Reynolds absent). d) SVO Colorado Management, Inc. d/b/a Sheraton Mountain Vista, 160 Beaver Creek West, Manager: Sheriff Masry, Hotel and Restaurant License Chairman Carroll noted that the application materials were in order. Board member Evans moved to approve the hotel and restaurant liquor license for SVO Colorado Management, Inc. d/b/a Sheraton Mountain Vista; Board member Wolf seconded the motion and it passed unanimously by those present (Reynolds absent). 5) CONSENT AGENDA a) Minutes from November 27, 2012 Chairman Carroll asked that the minutes be voted on separately in light of the fact that the new council members were not yet sworn in for the November 27th meeting minutes. TOWN OF AVON, COLORADO MINUTES FOR THE AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, JANUARY 8, 2013 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Liquor Authority Meeting 2/12/2013 Page 2 Board member Dantas moved to approve the minutes from November 27, 2012; Board member Evans seconded the motion and it passed unanimously by those members voting (Board members Wolf & Fancher abstained as they were not yet serving on the Avon Liquor Authority; Reynolds absent). b) Minutes from December 11, 2012 Board member Dantas moved to approve the minutes from December 13, 2012; Board member Evans seconded the motion and it passed unanimously by those members present (Reynolds absent). There being no further business to come before the Board, the meeting adjourned at 5:20 PM. RESPECTFULLY SUBMITTED: ____________________________________ Patty McKenny, Secretary APPROVED: Rich Carroll ______________________________________ Dave Dantas ______________________________________ Chris Evans ______________________________________ Jennie Fancher ______________________________________ Todd Goulding ______________________________________ Albert “Buz” Reynolds ______________________________________ Jake Wolf ______________________________________ TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.01.22.Minutes Page 1 of 4 1) CALL TO ORDER AND ROLL CALL Mayor Rich Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Buz Reynolds and Jake Wolf. Todd Goulding was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Finance Director Scott Wright, Town Engineer Justin Hildreth, Recreation Director Meryl Jacobs, Community Relations Officer Jaime Walker, as well as other staff members and the public. 2) APPROVAL OF AGENDA THERE WERE NO CHANGES TO THE AGENDA. 3) PUBLIC COMMENT THERE WAS NO PUBLIC COMMENT 4) ACTION ITEMS a) CONSENT AGENDA i) Minutes from January 8, 2012 ii) 2012 Audit Engagement Letter with McMahan and Associates (Scott Wright, Finance Director) iii) Amended Fireworks Contract for the Fire & Ice Fireworks Display to be held on February 17, 2013 (Meryl Jacobs, Recreation Director) There was some discussion about the 2012 Audit Engagement Letter that addressed costs of overall audit, cost of the single audit, number of years the vendor has performed the audit, and the quote of the original audit. Councilor Evans moved to approve the consent agenda; Councilor Wolf seconded the motion and it passed unanimously by those present (Goulding absent). b) ORDINANCES i) Public Hearing Second Reading on Ordinance No. 13-01, Series of 2013, Ordinance Accepting the West Avon and Village Parcels in the Eagle Valley Land Exchange; Granting Easements to Holy Cross Energy; Granting a Conservation Easement on the West Avon Parcel to Eagle Valley Land Trust; Approving an Intergovernmental Agreement with Eagle County; and Approving an Intergovernmental Agreement with Eagle County and Berry Creek Metropolitan District (Eric Heil, Town Attorney) Mayor Carroll presented this Resolution and noted that the IGA required five votes for approval. Town Attorney Eric Heil reviewed the ordinance noting the several changes to the documents that were outlined in the memo to the Council, briefly as follows: Ord. No. 13-01, Section 2 as it pertained to the finalization of the form of the Patents for the West Avon Parcel and Village Forest Service Parcel. It was noted that language was included to allow the Mayor, Town Manager & Town Attorney to review and approve the final form of the Patent. Ord. No. 13-01, Section 4 as it pertained to the final form of the Deed of Conservation Easement in terms of reconciling the legal description and the list of title exceptions in Exhibit D based upon the final form of the Patent(s). Ord. No. 13-01, Section 5 as it pertained to the language added to define, authorize and clarify that amendments to the Management Plan may be administratively approved by Town Manager without Council action or passage of a subsequent ordinance provided that any such amendments are consistent with the Avon Comprehensive Plan and any adopted trails plan TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.01.22.Minutes Page 2 of 4 Deed of Conservation Easement: Section 4 Management Plan as it pertained to revised language added to identify the grantor and grantee of the management plan. Deed of Conservation Easement, Section 5.a. as it pertained to language added to clarify that the existing stairs are existing improvements as well as to reference the Baseline Report which provides a more detailed inventory of all existing improvements. There were further discussions about the Deed of Conservation Easement, Section 5k Recreational Trails: A revision to the Section 5.k. to add a reference to the 10 foot wide paved trail depicted on Res. No. 11-12 was discussed with EVLT since the last council meeting. Proposed language was provided in the memo. Kara Heide, Executive Director, Eagle Valley Land Trust and Toby Sprunk, Eagle County Open Space Director, both addressed the council. Some of the discussion highlights included:  Request that the town include this trail in the language  A cost sharing agreement with USFS – detailed document that shows the existing trails  The conservation easement was written to protect, habitat and migratory corridors, endangered plants, ecological benefits,  The Impacts of 10 foot wide trail that would mirror june creek road is quite impactful to the ecology  Allowing for 6 foot wide trails non paved trail  Requests a 6 foot wide trail as a compromise to the 10 foot wide road  Language provides for vehicles in that area for maintenance  Question about whether or not the land trust has the veto power; the language does support a partnership; language does include that trails are permitted  The language in the agreement should protect Avon’s rights to do what is in its best interest.  The legend on the map indicates that 10 foot would be the preferred language Mayor Carroll opened the public hearing and the following public was heard:  Phil Struve: supported the current language that would protect the town’s right to build a trail at a 10 foot width Mayor Carroll closed the public hearing. There was consensus in keeping the language so that there is an ability to build something, a road or path at any width. Councilor Evans moved to approve Ordinance No. 13- 01, Series of 2013, Ordinance Accepting the West Avon and Village Parcels in the Eagle Valley Land Exchange; Granting Easements to Holy Cross Energy; Granting a Conservation Easement on the West Avon Parcel to Eagle Valley Land Trust; Approving an Intergovernmental Agreement with Eagle County; and Approving an Intergovernmental Agreement with Eagle County and Berry Creek Metropolitan District. Councilor Dantas seconded the motion and it passed unanimously by those present (Goulding absent). Kara Heide acknowledged the Town Council for all of their support with the project and gave appreciation to all the partnerships involved on the land exchange; she also commended the Town Attorney Eric Heil on his talents and thanked him for his solution oriented approach to drafting many of the documents. a) VILLAGE AT AVON SETTLEMENT IMPLEMENTATION (Eric Heil, Town Attorney) i) Update on Settlement Implementation Eric Heil, Town Attorney reviewed the memo which outlined the status of a number of settlement implementation documents. A number of documents were executed today as noted. More documents would be presented at the February 26th meeting. TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.01.22.Minutes Page 3 of 4 i) Public Hearing on Resolution No. 13-02, Series of 2013, Approving Amendments to Traer Creek Metropolitan District Service Plan ii) Public Hearing on Resolution No. 13-03, Series of 2013, Approving Amendments to The Village Metropolitan District Service Plan Eric Heil, Town Attorney presented the Village (at Avon) Service Plan Amendments for Traer Creek Metropolitan District and Village Metropolitan District. He noted that these amendments to the plans are required in order to comply with the recently approved revised Development Agreement. It was suggested to continue the public hearing until February 26th so that staff could complete an “administrative review report” of both plans. Mary Jo Dougherty, McGeady Sisnersos, representing the TCMD and VMD, was present to answer questions. There was some discussion about the financial information included in the draft plans, with some attention given to Exhibit F. Mayor Carroll opened the public hearing for Resolution No. 13-02, Resolution Approving Amendment to the Traer Creek Metro District; no comments were made, and the hearing was closed. Councilor Reynolds moved to continue the public hearing and action on Resolution No. 13-02 until February 26th; Councilor Evans seconded the motion and it passed unanimously (Goulding absent). Mayor Carroll opened the public hearing for Resolution No. 13-03, Resolution Approving Amendment to the Village Metro District; no comments were made, and the hearing was closed. Mayor Carroll moved to continue the public hearing and action on Resolution No. 13-03 until February 26th.; Councilor Evans seconded the motion and it passed unanimously (Goulding absent). 2) WORK SESSION a) Harry A. Nottingham Park Lake Liner Project - Update on improvements, State Engineer’s review, schedule and costs Justin Hildreth, Town Engineer, presented the agenda item addressing the Lake liner project noting that the State Engineer would be conducting a review of the dam because the area around the dam had changed so significantly, i.e. new development and elementary school. The timeframe would likely take 45 to 60 days; with a date to fill the lake by July. He also reviewed the scope of the project as outlined in the council memo, which included the liner replacement, irrigation system intake system improvements, regrade the SE corner of the lake to be 4.5 ft deep for a safer skating area, improvement of the beach are on N side of lake, erosion control improvements for lake intakes, sediment removal in the water quality pond, sediment removal in the lake as budget allows. Projected budget numbers would hopefully be provided at the next meeting. It was noted that the bid process should not close before knowing the information from the state. There was some further discussion about use of the park by the local Walking Mountain School, as well as the need to understand state implications by February 12th meeting. b) Financial Report on Year-to-Date Revenue Collections – Report Only (Kelly Huitt, Budget Analyst) c) Letter from Mayor Pro Tem Goulding regarding “Disclosure of Conflict of Interest” for serving on several Boards in Eagle County (Information only) d) Mayor and Council Committee Updates i) ECO Meeting (Councilor Reynolds) Councilor Reynolds provided an update on information about the ECO board meeting. Some input was provided about the updates to the ECO Trails and TOA CIP project on Highway 6. An update on this topic would be provided at a future date. TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.01.22.Minutes Page 4 of 4 i) Vail Valley Mountain Bike Association (Mayor Carroll) Mayor Carroll provided updates on some trails updates from a January 10th ECO trails meeting as well as the Vail Valley Mountain Bike Association Update. He noted that there will be an effort to help build awareness of all these groups and what the mission is for each of them. ii) 2015 Environment Committee Update (Mayor Carroll) Mayor Carroll presented an update on this meeting held last week noting that their mission will be to create innovation and collaboration with the event to be environmentally aware and protective; more to come later as to how the group will interface with the entire event. iii) Eagle Air Alliance Meeting Update (Mayor Carroll) Mayor Carroll noted that Eagle County would be giving United Airlines access for the Houston flight to eagle this summer, however funding is still needed for this flight. He also noted that the budget numbers that all groups have pledged is a budgeted number and not an estimated pledge anymore. 2) MAYOR REPORT a) Future Agenda Items Lot 61 is on the next agenda. b) Town Council Retreat Follow Up Mayor Carroll noted that a report would be prepared to capture the results of the council retreat discussion for presenting at the February 12th meeting. There being no further business to come before the Council, the regular meeting adjourned at 7:05 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Justin Hildreth, P.E., Town Engineer Date: February 06, 2013 Re: Benchmark Lake at H.A. Nottingham Park Update Summary: The liner leak in Benchmark Lake is well documented and has been an issue for several years. The existing liner’s useful life is approximately 20 years and has been in service for approximately 32 years. The lake was drained last fall because the low flows in the Eagle River and Buck Creek are not adequate to compensate for the lost water through the leakage in the lake. Recently, there have been discussions regarding the schedule of the lake liner project and the potential impacts to the summer events including the XTERRA Mountain Championship Race. Staff is requesting direction from Town Council regarding scheduling the lake liner project this year and increase in funds to complete the project. Schedule: The XTERRA Mountain Championship Race occurs on July 20, 2013 and begins with 0.5 and 1 mile swimming legs in the lake followed by mountain bike and trail running legs in Beaver Creek. Beaver Creek Resort, the event organizer, is requesting that the Town guarantee that the swimming portion of the event can occur in the lake. Staff has identified three options available for the Town Council to proceed with the project which are outlined below: OPTION 1: Construct the Liner this Spring and Early Summer: The project is currently on schedule for submitting for design approval to the State Engineers Office (SEO) next week. The project will be advertised for bids by the end of February with goal for starting construction in early April. However, there are several concerns that need to be considered: Advantages • The lake should be able to be filled with the spring runoff. If the drought continues, there is the potential that the lake may not be able to be filled later in the summer depending on the water calls on the Eagle and Colorado Rivers. • The lake will be filled for the remaining summer tourist season and the remaining events scheduled in the park will occur. These events include the Dunk ‘n Dash, paddleboats, BecTri Sprint Triathlon, Canine Carnival, icing on the lake and the winter ice skating program. Disadvantages • The lakebed materials will be wet and difficult to rework and adequately dry out for use as embankment fill to cover the liner on the dam and bank slopes, as well as cover soil placed over the liner in the lake bottom. If bad weather occurs, extending the construction schedule for the project will be required, possibly up to several weeks, and potentially extending substantial completion of the project to the end of June or later. If this occurs, filling of the lake may be able to start filling two weeks before the end of the construction delay, but only with approval from the SEO.  Page 2 • The Contractor's bid for constructing in the spring maybe higher than in the late summer and fall. This is in part due to the more unpredictable weather, and because the Contractors bidding on the project will not be able to inspect the lake beforehand to evaluate the soil conditions prior to submission of bids because of snow coverage. The Contractors will likely add a contingency to their bids to protect themselves resulting in higher costs to the Town. • In summary, if we have a wet spring there will be construction delays and staff cannot guarantee that the lake will be filled to accommodate the XTERRA Mountain Championship race. Cost Estimate: The estimated construction cost is $1,783,000 for this alternative. This option is higher than the other options because of a higher contingency as a result of the Contractors not being able to observe the soil conditions before drafting a bid, higher cost for embankment and cover fill because it will come from the bottom of the lake, and higher cost to install the liner. OPTION 2: Fill the Lake for the XTERRA, and Construct in Late Summer to Fall: Option 2 consists of completing minor repairs to the lake this spring, fill the lake, and then immediately drain the lake after XTERRA Mountain Championship Race. It takes approximately one month to drain the lake so it will dry out in August and be ready for construction to start in late August or early September. Advantages • This would allow for construction in the late summer and fall, which is a better time for construction. • It will allow the Contractors and their liner subcontractor(s) to get a better look at the lakebed after the snow has melted, resulting in more accurate bids. • It will also allow time for some minor inspections and repairs to be completed including: inspecting the intake pipe leading from the wet well; cap the reservoir-side end of the wet well pipe; and, excavate channels in the lake to provide for better drainage to the west side to facilitate dewatering the lake after XTERRA. These steps will help to reduce the Contractor’s contingency, resulting in lower bids from the Contractors. Disadvantages • The lake will need to be re-sealed where holes were excavated through the liner as part of our pit exploration in the lake and the existing sinkhole near the fishing pier. • The lake sediments will be re-wetted as a result of the reservoir filling. This may not make much difference for the lakebed soils when compared to the moisture they will have this spring, but the cover material on the embankments has had some time to dry out and this will be lost, possibly making it more difficult to rework that material. • The negative to this option is that if the drought continues there will probably be not enough water in the Eagle River to fill the lake before winter. This would result in the canceling of the ice-skating program for another year on the lake, although staff is pursuing other alternatives for an ice sheet at the park similar to how other mountain towns provide winter skating. Also, the park’s attractiveness through the summer tourist season will be diminished for all of 2013. Cost Estimate: The estimated construction cost is $1,616,000 and is $167,000 lower than Option 1 because of a 10% contingency instead of a 20% contingency since the Contractor will be able to observe the soil conditions before submitting a bid and embankment soils will be completely dried at the start of construction.  Page 3 OPTION 3: Do Not Fill the Lake and Construct in the Late Summer to Fall: This is the best alternative with respect to more competitive bids and a reduced construction schedule, and would also allow for more preparation before bidding, including measures to completely dewater the lake this spring and allow it to dry out until late summer. It will also allow for better construction conditions compared to spring construction. The disadvantages are that it would result in canceling use of the lake for all lake events, including XTERRA, for 2013. Also, dust issues will likely arise throughout the summer that will need to be dealt with. Cost Estimate: This is the most cost effective option at $1,482,000 because the Contractor will be able to work through the summer with dry soil and an estimated 10% contingency because the Contractor will be able to observe the soil conditions before submitting a bid. BUDGET The 2013 budget for the lake liner replacement project includes $50,000 for design services and $1,250,000 for construction for a total of $1,300,000. This project is funded by the Water Fund, of which revenues are generated by Town of Avon water tap fees and a $3.25 monthly/SFE surcharge on resident’s water bills. The Water Fund has a fund balance of $669,442 at the end of 2013 and the additional $350,000 to $640,000 for this project, depending on the selected Option, is available from the Water Fund, if Town Council approves the additional monies in a budget amendment, The only other project in the CIP funded by the Water Fund is the Mountain Star Water Tank for $176,000 in 2014; although at last Tuesday’s Water Summit with the Water Authority, significant other water improvement demands were identified. This modification to the Water Fund and CIP Budget can be included in a future budget amendment. TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jared Barnes, Planner I Date: Friday, February 1, 2013 Agenda topic: Code Text Amendment for Timeshare, Interval Ownership, Fractional Fee Ownership and Vacation Clubs Summary of Requests Dominic Mauriello, Mauriello Planning Group, representing the owner of Lot 61, Wyndham Vacation Resorts, has applied for a code text amendment. The code text amendment is in response to issues brought forth at the December 18th, 2012 Planning and Zoning Commission meeting with regard to the legality of timeshare uses within the Town Center zone district. Please find Draft Ordinance 13-02 (Attachment A) attached to this report for your review and consideration. The proposed Code Text Amendments would amend the following portions of Title 7, Development Code: Chapter 7.08, Definitions; Section 7.24.040, Table of allowed uses; Table 7.24-1, Table of allowed uses; Section 7.24.050, Use-specific regulations; and, Section 7.24.060, Special review uses. An amendment to AMC Chapter 7.08, Definitions, is to establish definitions for “Hotel, Motel, and Lodge” and “Vacation Club”. An amendment to AMC Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses, is to establish a use type of “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club Ownership” and its allowance within each zone district. An amendment to AMC Section 7.24.050, Use-specific regulations, is to establish specific limitation and conditions for “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership (“timeshare”)”. An amendment to AMC Section 7.24.060, Special review uses, is to establish a special review use process for any conversion of an existing dwelling to a “timeshare” use. Each of these proposed changes will be discussed further throughout this Staff Report. The PZC reviewed these proposed amendment at their January 15, 2013 meeting. After holding a public hearing, they recommended approval of the proposed amendments as exhibited in PZC Resolution 13-01 (Attachment B). Zoning Code Background Prior to 2010, the Town’s zoning code was governed by Title 17, Zoning, which listed out each zone district separately and included dimensional standards as well as a list of permitted and special review uses for each district. Below, as an example, are the standards for the Town Center zone district: 17.20.020 Town Center – TC. (a) Intention. The Town Center District is intended to provide sites for a variety of uses such as lodges, commercial establishments and offices in a predominantly pedestrian environment. In accordance with the Comprehensive Master Plan, these regulations are intended to provide development which distinguishes the Town Center from other areas within the Town. (b) Allowed uses. The following uses shall be permitted in the TC District: (1) Retail stores; (2) Specialty shops; (3) Restaurants, excluding drive-through windows; Zoning Text Amendment for “Timeshares” Page 2 (4) Cocktail lounges; (5) Personal service shops; (6) Professional offices; (7) Hotels; (8) Lodges; (9) Apartments; (10) Condominiums; (11) Indoor recreation and/or entertainment facilities; (12) Theaters; (13) Financial institutions; (14) Bed and breakfast lodge; (15) Church; (16) Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. (c) Special review uses. (1) Public transportation facilities; (2) Public parking facilities; (3) Timeshare, interval ownership and fractional fee ownership projects; (4) Aboveground public utility installations; (5) Drive-through windows; (6) Medical center/hospital. (d) Development standards. (1) Minimum lot size: thirty thousand (30,000) square feet; (2) Maximum building height: eighty (80) feet; (3) Minimum building setbacks: Front: twenty-five (25) feet; Side: seven and one-half (7.5) feet; Rear: ten (10) feet; (4) Maximum site coverage: fifty percent (50%); (5) Minimum landscaped area: twenty percent (20%); (6) Maximum density: thirty (30) dwelling units per acre of buildable area or ninety (90) accommodation units per acre of buildable area. (Ord. 97-14; Ord. 91-10 §1(part)) During 2010, the Town embarked on the adoption of Title 7, Development Code. This new title repealed Titles 16, Subdivision, and 17, Zoning, and adopted a new unified development code. One of the larger changes to the zoning aspect was the adoption of a table that would govern permitted and special review uses throughout each zone district, Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses. This table was first proposed by the Town’s consultant, Clarion Associates, and was later modified by the Zoning Advisory Committee and Town Staff prior to the public review process. Through these modifications the use categories “Household Living”, “Group Living”, and “Accommodation” were modified. During one draft, Town Staff determined that zoning should not be administered based on type of ownership, but rather on the style of unit configuration. The Town Staff modified the above-mentioned use categories as seen below: Zoning Text Amendment for “Timeshares” Page 3 Table 1 As exhibited above, through this process the use type “Dwelling, Timeshare, Interval Ownership, or Fractional Fee Ownership” was completely removed. The intent at the time was that “Dwelling, Multi- family” or “Lodging” would suffice for “Timeshare” uses as the building would house multiple families or be of a lodging nature. Ultimately the following use types were adopted by the Town Council for residential uses: Table 2 Planning Analysis The proposed modifications outlined in Draft Ordinance 13-02, will not only provide clarity on Timeshare uses being allowed within various zone districts, but will also cleanup specific regulations related to Timeshare uses that require special review. First, Section 2 of Ordinance 13-02 proposes to amend Section 7.08, General Definitions, to include definitions for “Hotel, Motel and Lodge” as well as “Vacation Club”. The definition of “Hotel, Motel and Lodge” is different from the previous definitions within Title 17, Zoning, but does convey the same intent of Zoning Text Amendment for “Timeshares” Page 4 the previously adopted definitions for “Lodge” and “Hotel”. The definition of “Vacation Club” is a new definition for the Town’s zoning code. This definition directly links the term “Vacation Club” to “Dwelling, fractional fee ownership” which is the same definition as “Dwelling, timeshare”. By linking these definitions the Town is stating that all forms of fractional fee ownership or “Timeshares” shall be permitted by zoning in the same manner, weather it is a Vacation Club or a Timeshare property. Second, Section 3 of Ordinance 13-02 proposes to amend both Section 7.24.040, Table of allowed uses, and Table 7.24-1,Table of allowed uses. Upon further review of the definition for “Dwelling, multi-family” it was clear that it was not intended to include “Timeshare” uses. The proposed modifications will provide for use allowances within various zone districts for “Vacation Club”, “Dwelling, timeshare”, “Dwelling, fractional fees”, and other similar uses. Furthermore, the proposed changes will rename the “Lodging” use type to “Hotel, Motel, and Lodge” which will coincide with the new definition. These proposed changes will modify the use table as follows: Table 3 Sections 4 and 5 of Ordinance 13-02 propose to amend the existing §7.24.050, Use-specific regulations, as well as §7.24.060, Special Review Uses, to provide more clarity over which regulations are use-specific and which should be reviewed through the special review use process. In Table 2, above, the stricken row for “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership” referred to use-specific regulations as outlined in §16.04.050(a). This reference, although stricken from the Use Table, remained in the code and due to renumbering prior to adoption became §7.24.060(a). When reviewing this section a portion of the language relates to conversion of existing dwelling units to timeshare uses, while other portions pertain to specific regulations regarding Timeshare uses. Staff is of the opinion that not all of these subsections should trigger the need for a Special Review Use process, but should be included during the regular review of a new Timeshare project, or use-specific regualtions. Section 4 of Ordinance 13-02 proposes to enact a new subsection (d) within §7.24.050, Use-specific regulations. The new subsection is identical to the existing language of §7.24.060(a)(1)(iii-v), with the exception that proposed subsection (d)(i) includes a provision that allows the Town to permit marketing and sales on public property or facilities. Zoning Text Amendment for “Timeshares” Page 5 Section 5 of Ordinance 13-02 proposes to repeal the existing §7.24.060(a) and re-enact a rewritten section. Although the language of the proposed section is different the content and intent remains the same as the currently adopted language. The current language discusses the special review criteria required for a conversion from an existing dwelling unit to a Timeshare unit. The proposed language has the same purpose, but provides additional clarity with respect to the process and the compliance with applicable codes. The proposed language clearly states that a conversion will trigger a Special Review Use process, but only if the use is permitted in the underlying zone district. The proposed language retains the criteria of the current language by requiring compliance with: fire, health and building codes; requirements of the zone district the proposal is in; and, applicable standards of the development code. The proposed language does expand the requirements to include compliance with the proposed Use-Specific regulations (§7.24.050(d)) and better defines how a conversion is classified. Staff is of the opinion that the proposed code text amendment, as outlined above and included in Ordinance 13-02, promotes and enacts the intent of the Development Code while it was being drafted, and clarifies how the Town permits and administers zoning related to Timeshares, Interval Ownerships, Fractional Fee Ownerships, and Vacation Clubs. The proposed code text amendment also modifies and clarifies existing language so that pertinent sections either apply to all “Timeshare” projects or triggers a Special Review Use process. The proposed Code Text Amendments comply with the review criteria listed below. They have no impact on the health, safety, and general welfare of the community and implement the goals and policies of the Avon Comprehensive Plan. Specifically, a principal Land Use Goal (Goal C.1) desires to “provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon’s identity as both a year-round residential community and as a commercial, tourism and economic center.” By allowing “Timeshare” uses within the Town Center and Mixed Use Commercial zone districts the Town is increasing the types of housing options to include Condominiums, Hotels, Lodges, and “Timeshares”. By permitting “Timeshares” within the Town Center zone district, one of the Planning Principals of both the West and East Town Center Districts, to develop residential and lodging uses, can be realized. The proposed Code Text Amendments also promote the purposes of the Development Code by allowing for efficient uses of land and providing zone districts that reduce the demand on public services. By placing lodging and “Timeshare” uses in the urban core, guests and residents are encouraged to walk or use mass transit instead of driving. In addition, the proposed code text amendments are desirable for clarity of the Development Code and respond to a pending development application. Review Criteria §7.16.040(c), Code Text Amendment Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or Zoning Text Amendment for “Timeshares” Page 6 (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Staff Recommendation(s): Staff has two recommendations for the Town Council: 1. Staff recommends the Town Council approve the first reading of Ordinance 13-02 and schedule a public hearing and second reading of the ordinance for February 26, 2013. 2. Staff recommends the Town Council waive the application fee for the Code Text Amendment application, since the Applicant proposed the proposed Code Amendments to ensure they coincided with the review of the Lot 61 Rezoning, Major Development Plan, and Alternative Equivalent Compliance applications. Attachments: A: Draft Ordinance 13-02 B: PZC Resolution 13-01 Page 1 of 6 Ord No. 13-02 Amending Avon Development Code TOWN OF AVON, COLORADO ORDINANCE 13-02 SERIES of 2013 AN ORDINANCE AMENDING THE AVON DEVELOPMENT CODE TO AMEND DEFINITIONS, AMEND PERMITTED USES IN THE TOWN CENTER ZONE DISTRICT AND TO AMEND REGULATIONS CONCERNING TIME SHARES AND FRACTIONAL OWNERSHIP. RECITALS WHEREAS, the Town of Avon (“Town”) adopted Ordinance No. 10-14 adopting the Avon Development Code (“ADC”); WHEREAS, OZ Architecture and Mauriello Planning Group LLC (“Applicant”) submitted a Code Text Amendment application to the Town as the authorized representative for Wyndam Vacation Resorts, Inc., the owner of property in the Town described as 75 Benchmark Road, Avon, CO 81620; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 15, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings of fact and make a recommendation of approval to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC made the required findings to approve the application and adopted PZC Resolution 13-01, recommending approval to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on February 12, 2013 and February 26, 2013 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment; WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on Attachment A Page 2 of 6 Ord No. 13-02 Amending Avon Development Code first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 7.08.010, General Definitions. Section 7.08.010, General Definitions, of the ADC is hereby amended to add the following definitions: “Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms used primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Vacation Club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a building containing one or more units which meet the definition of Dwelling, timeshare, interval ownership or fractional fee ownership and it permits possession of such dwelling(s) by its members and/or guests of its members on a periodic basis in consideration of such member’s fractional ownership interest in the building or property or membership in the entity.” Section 3. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24-1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses, of the ADC is amended as follows: The column for the Town Center (TC) zone district shall be amended in the Use Category “Household Living” to add the designation “P” for Permitted Use in the following Use Types: Dwelling, Townhouse; Dwelling, Multi-Family; and, Dwelling, live/work. The Use Category “Household Living” shall be further amended to add a new row, entitled, “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club” and shall designate “S” for Special Review Use in the Neighborhood Commercial (NC) zone district, “P” for Permitted Use in the Mixed-Use Commercial (MC) zone district and “P” for Permitted Use in the Town Center (TC) zone district. In the Use Category “Accommodation”, the reference in the second row to “Lodging” shall be changed to “Hotel, Motel and Lodge”. Attachment A Page 3 of 6 Ord No. 13-02 Amending Avon Development Code The above mentioned modifications are exhibited in the table below: Section 4. Amendment to Section 7.24.050, Use-specific regulations. Section 7.24.050, Use-specific regulations, of the ADC shall be amended to enact a new subsection (d) to read as follows: “(d) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership (“timeshare”) must comply with the following limitations and conditions: (i) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (ii) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in Avon. (iii) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using the estate.” Section 5. Amendment to Section 7.24.060, Special review uses. Section 7.24.060(a)(1) of the ADC shall be repealed and re-enacted in its entirety to read as follows: “7.24.060 Special review uses. (a) Residential Uses – Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership: Attachment A Page 4 of 6 Ord No. 13-02 Amending Avon Development Code (i) The conversion of an existing building, structure or property to a Dwelling, timeshare, interval ownership or fractional fee ownership (“timeshare”) shall be subject to the Special Review Use process if such use is Permitted in the underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town’s adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the Use-specific regulations for Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. For the purposes of this sub-section 7.24.060(a)(1) “conversion” shall mean the change of ownership from a non-timeshare ownership to a timeshare ownership as defined by Dwelling, timeshare, interval ownership or fractional fee ownership.” Section 6. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 7. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 8. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 10. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall, Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk Attachment A Page 5 of 6 Ord No. 13-02 Amending Avon Development Code during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Section 11. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town’s final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PAGE FOLLOWS] Attachment A Page 6 of 6 Ord No. 13-02 Amending Avon Development Code INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on February 1, 2013 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on February 12, 2013, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 26th day of February, 2013. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: __________________________ Patty McKenny, Town Clerk Attachment A TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 13-01 SERIES OF 2013 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7 OF THE AVON DEVELOPMENT CODE TOI AMEND DEFINITIONS< AMEND PERMITTED USES IN THE TOWN CENTER ZONE DISTRCIT AND TO AMEND REGULATIONS CONCERNING TIMESHARES AND FRANCTIONAL OWNERSHIP WHEREAS, the Town of Avon (“Town”) adopted Ordinance No. 10-14 adopting the Avon Development Code (“ADC”); WHEREAS, OZ Architecture and Mauriello Planning Group LLC (“Applicant”) submitted a Code Text Amendment application to the Town as the authorized representative for Wyndam Vacation Resorts, Inc., the owner of property in the Town described as 75 Benchmark Road, Avon, CO 81620; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 15, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings of fact and make a recommendation of approval to the Town Council; WHEREAS, the Planning & Zoning Commission finds the Application complies with the review criteria set forth in Sections 7.16.040(c) as described below; and, WHEREAS, it is the Planning and Zoning Commission’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.08.010, General Definitions, Section 7.24.040, Table of allowed uses, Table 7.24-1, Table of allowed uses, Section 7.24.050, Use-specific regulations, and Section 7.24.060, Special review uses, of the Avon Development Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments (“Exhibit A to Resolution 12-04”) with the following findings: (1) The changes to Section 7.08.010, General Definitions, Section 7.24.040, Table of allowed uses, Table 7.24-1, Table of allowed uses, Section 7.24.050, Use-specific regulations, and Section 7.24.060, Special review uses, of the Avon Development Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code. Attachment B At t a c h m e n t B Resolution 13-01, Code Text Amendment for Vacation Clubs and Timeshares 3 “Exhibit A to PZC Resolution 13-01” Section 1. Amendment to Section 7.08.010, General Definitions. Section 7.08.010, General Definitions, of the ADC is hereby amended to add the following definitions: “Hotel, Motel and Lodge means a building, excluding Bed and Breakfast, containing any room or group of rooms used primarily for short term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Vacation Club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the Eagle County Tax Assessor, of a building containing one or more units which meet the definition of Dwelling, timeshare, interval ownership or fractional fee ownership and it permits possession of such dwelling(s) by its members and/or guests of its members on a periodic basis in consideration of such member’s fractional ownership interest in the building or property or membership in the entity.” Section 2. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24-1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses, of the ADC is amended as follows: The column for the Town Center (TC) zone district shall be amended in the Use Category “Household Living” to add the designation “P” for Permitted Use in the following Use Types: Dwelling, Townhouse; Dwelling, Multi-Family; and, Dwelling, live/work. The Use Category “Household Living” shall be further amended to add a new row, entitled, “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club” and shall designate “S” for Special Review Use in the Neighborhood Commercial (NC) zone district, “P” for Permitted Use in the Mixed-Use Commercial (MC) zone district and “P” for Permitted Use in the Town Center (TC) zone district. In the Use Category “Accommodation”, the reference in the second row to “Lodging” shall be changed to “Hotel, Motel and Lodge”. The above mentioned modifications are exhibited in the table below: Attachment B Resolution 13-01, Code Text Amendment for Vacation Clubs and Timeshares 4 Section 3. Amendment to Section 7.24.050, Use-specific regulations. Section 7.24.050, Use-specific regulations, of the ADC shall be amended to enact a new subsection (d) to read as follows: “(d) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership (“timeshare”) must comply with the following limitations and conditions: (i) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (ii) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in Avon. (iii) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using the estate.” Section 4. Amendment to Section 7.24.060, Special review uses. Section 7.24.060(a)(1) of the ADC shall be repealed and re-enacted in its entirety to read as follows: “7.24.060 Special review uses. (a) Residential Uses – Household Living. (1) Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership: (i) The conversion of an existing building, structure or property to a Dwelling, timeshare, interval ownership or fractional fee ownership (“timeshare”) shall be subject to the Special Review Use process if such use is Permitted in the Attachment B Resolution 13-01, Code Text Amendment for Vacation Clubs and Timeshares 5 underlying zone district. In addition to the Special Review Use procedures and criteria for review, all conversions to timeshare ownership shall comply with the Town’s adopted fire, health and building codes; shall comply with the requirements of the zone district in which they are located; shall comply with all other applicable standards of this Code; and shall comply with the Use-specific regulations for Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership. For the purposes of this sub-section 7.24.060(a)(1) “conversion” shall mean the change of ownership from a non-timeshare ownership to a timeshare ownership as defined by Dwelling, timeshare, interval ownership or fractional fee ownership.”.” Attachment B Lot 61 – Wyndham Executive Summary  February 12, 2013 Town Council Meeting                                                      Page 1 of 2        TOWN COUNCIL REPORT      To:  Honorable Mayor Rich Carroll and Avon Town Council  From:   Matt Pielsticker, Planner II        Date:   Friday, February 1, 2013  Agenda topic:  Lot 61 – Wyndham – Executive Summary         Introduction  At the February 12, 2013 meeting, Council will review multiple applications related to the development of  the “Lot 61” property.  This review follows months of collaboration between the applicant and Town Staff;  most recently, the Town’s Planning and Zoning Commission held public hearings on the development  proposal and recommended conditional approval.  Council will hold sequential public hearings and take  action on the development, as highlighted below.   Project Description      Five (5) story building, with underground structured parking   Fifty‐eight (58) unit Wyndham interval ownership units:  o Sixteen (16) one‐bedroom units  o Thirty‐Four (34) two‐bedroom units  o Eight (8) three‐bedroom units   Ground level includes lobby, interval ownership units, owners lounge and related amenities    790 sq. ft. retail/food space     650 sq. ft. sales space     4‐sided architecture with the following exterior materials: stone base, steel accents, fiber  cement siding, stucco siding, asphalt shingles, and standing‐seam metal roofing   Development Agreement to implement public‐private partnership and on‐going fee structure  Applications  In order to process the review of this development, a series of concurrent reviews is taking place.  A brief  summary of each application type follows:  Code Text Amendment – This amendment is proposed due to the lack of clarity in Town Code  with respect to the proposed vacation (interval) ownership use.  The Avon Municipal Code  (“AMC”) definitions and the Table of Allowed Uses would be amended to specify that fractional  ownership projects are an allowed use in the Town Center (TC) Zone District.   With Staff’s  assistance, other amendments related to the conversion of existing units to interval ownership  are proposed; as well as the designation of this use type as either a use‐by‐right or a special  review use for other zone districts.  Rezoning – The existing zoning designation for the property is Planned Unit Development (PUD).   This application would rezone the property to the TC Zone District.  Lot 61 – Wyndham Executive Summary  February 12, 2013 Town Council Meeting                                                      Page 2 of 2    Major Development Plan –This application would approve the physical and architectural design  elements of the project as described in the Project Description above.        Alternative Equivalent Compliance (AEC) – This application is reviewed concurrently with the  Major Development Plan, and allows variations to certain design standards.  The application  proposes variations to the following standards:   20% Maximum Irrigated Area for Landscaping    Requirement for commercial on all sides of the building   Building Walls over forty‐five (45’) feet shall step back     Requirement for Storefront windows and entrances on all sides of the building     Development Agreement  For review in conjunction with the Rezoning and Major Development Plan, the Applicant and Staff have  been cooperatively preparing a Development Agreement which implements elements of the proposed  public‐private partnership.  Key aspects of the Development Agreement include:   Amenities Fees will be remitted to Town based on a dollar amount/per point total of interest   Public Improvements and/or reimbursement obligations on Town Right‐of‐Way   Agreement to relocate western property line with a future subdivision   Ongoing maintenance obligations    Snowmelt fee agreement to utilize Town’s heat recovery system    The final draft of this document is forthcoming, and will be provided to Town Council under separate cover  memorandum the week of February 4, 2013.    Ordinances  13‐02 – Code Text Amendments  13‐03 – Rezoning, Major Development Plan, AEC, and Development Agreement     Order of Meeting  1. Overview by Town Manager  2. Code Text Amendment Presentation     3. Public Hearing on Code Text Amendment  4. Action on Ordinance 13‐02  5. Applicant Presentation  6. Joint Presentation (Staff/Applicant) on financial impacts  7. Staff summary of PZC Recommendation and packet materials    8. Public Hearing on Rezoning, Major Development Plan, & Development Agreement   9. Action on Ordinance 13‐03                   Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 1 of 19       TOWN COUNCIL REPORT      To:  Honorable Mayor Rich Carroll and Avon Town Council  From:   Matt Pielsticker, Planner II        Date:   February 1, 2013  Agenda topic:  Public Hearing on First Reading of Ordinance 13‐03      Wyndham – Lot 61          Introduction:  This Report summarizes the development applications related to “Wyndham ‐ Lot 61”, which will be  reviewed at the February 12, 2013 Town Council meeting.  The owner of the lot, Wyndham Vacation  Resorts, Inc. (“Owner”) is seeking approval of a fifty‐eight (58) unit timeshare project, with supporting  retail space.   As drafted, Ordinance 13‐03 would approve a Rezoning, Major Development Plan, Alternative  Equivalent Compliance (“AEC”) application (collectively the “Application”), and related Development  Agreement for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (“Property”).    Also outlined in this Report are process, the Planning and Zoning Commission’s (“PZC”) recommendation,  and Staff analysis of the applicable design and development standards.  This report also includes a  summary of the relationship to the Town’s long range planning documents.   The Application materials  (Attachment A) include a narrative with supporting documents, as well as the full Development Plan and  narrative including analysis of the proposal, responses to the mandatory review criteria, and graphic  representations.     Process:  The Application contains different processes for each aspect with regard Public Hearing requirements.   The review process for the Rezoning application includes a noticed Public Hearing with PZC and  recommendation to Town Council.  Another Public Hearing is required with the Council before approval or  denial.  Since the Property is located in the “Town Core,” final review for the Major Development Plan and  AEC applications is required by Town Council following a recommendation by PZC.  Approval of the  Development Agreement is tied together with the approving Ordinance, as it also requires a Public  Hearing.       Pursuant to AMC §7.16.020(b)(4), Concurrent Review Permitted, when multiple development applications  cover the same property, the Director may permit concurrent review of the development applications for  efficiency and practicality.  The Director determined that concurrent review of the Rezoning, Major  Development Plan, and AEC applications is practical in this instance; therefore, these applications are   presented to Council concurrently.        As evidenced below by AMC Table 7.16‐1: Development Review Procedures and Review Authority, all final  decisions for the Application will be made by Council, after recommendations from the Director and the  Town’s PZC:    Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 2 of 19       PZC Recommendation:  The Town’s PZC held three (3) separate public hearings to review the Application on December 4, 2012,  December 18, 2012, and January 15, 2013.  At the December 4, 2012 meeting, the applicant gave an  introductory presentation to PZC; the public hearing was opened and closed without any public input.   Since the applicant was in the process of responding to Staff comments and revising the application, PZC  continued the public hearing until their next meeting.    On December 18, 2012, another presentation was made by the applicant, and a public hearing was  conducted.  There were written comments presented from Ticino’s Restaurant and Eben Clark,  representing the Avon Center Homeowner’s Association.  These two written comments are attached to  this report (Attachment B) and constitute the only written public comments to date.  The PZC was  generally supportive of the Application and requested further information on: peak parking demand  management, clarification on the zoning use determination, and architectural details including the  Northwest building elevation, perspectives traveling from Avon Road heading West on Benchmark Road,  retaining walls along Benchmark Road, and the entrance port‐cochere.  The PZC ultimately tabled the  application in order for the applicant to address the questions and concerns raised.     In the interim period between Public Hearings, Staff determined that a Code Text Amendment would be  required to rectify the interval timeshare ownership use in the Town Center Zone District.  Additionally, the  Applicant sought more time to address the concerns raised with parking and other design details of the  project.  The holiday time period allowed Staff to assist with the Code Text Amendment, and for the  Applicant to make further revisions to the submittal.      Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 3 of 19   After conducting a third and final public hearing on January 15, 2013, the PZC approved Findings of Fact and  a recommendation for approval of the Application.  As can be seen in the attached (Attachment C)  Recommendation, the PZC added technical conditions as well as interrelated design conditions.      Following is the list of conditions PZC recommended, with staff comments:      (1) Landscaping to the West of Lettuce Shed Lane (“LSL”) Path will be installed pursuant to the  approved 2012 Mall Improvement Plan by Wyndham and maintained by Wyndham.  Staff Comments: This topic was discussed at length with PZC, and the Commission ultimately  decided that since the landscaping on the west side of the LSL path would be required to  meet minimum zoning requirements for landscaped area, the Owner should also be held  responsible for maintenance as well.  Staff has continued to work with the applicant and  have arrived at the conclusion that it is indeed appropriate for the Owner to install and/or pay  for the trees and lights indicated on the West side of the path; however, given the continuity  with other Pedestrian Mall improvements and irrigation systems, it would be more  appropriate for the Town to assume maintenance responsibilities for this area after the  installation is completed.  This topic is included in the draft Development Agreement, and  reflects Staff’s recommendation.     (2) Landscaping to the north of the building on Main Street will be installed by Wyndham and  maintained by the Town.  Staff Comments: Similar to the above condition, this deals with a small landscaped area that  is located immediately North of the Property on the Pedestrian Mall.  This area is also  required to meet minimum landscaping requirements and is for the primary benefit of the  development.  When looking at the size and shape of this area it was mutually decided that it  would be infeasible for the Town to take over maintenance responsibilities since this area is  contiguous with the landscape plan for the project and its associated irrigation system.  This  detail is also included in the draft Development Agreement.    (3) Building Height must be confirmed at foundation and framing inspections to ensure  compliance with the 80’ maximum height requirement for the Town Center (TC) zone district;  Staff Comments:  This is a code requirement since the proposed design is within eighteen  inches (18”) of the maximum allowable height requirement, and is carried forward in draft  Ordinance 13‐03 for clarity.    (4) All potential exterior signage must be approved by the PZC with a Master Sign Program  application submitted by the property owner;   Staff Comments: The Applicant has indicated that they will proceed with a Master Sign  Program if the Development Plan is approved, and have a chance to further evaluate the  requirements of Wyndham.  This condition is carried forward in draft Ordinance 13‐03.    (5) Prior to the issuance of any permits related to the construction of the project, the Town and  Property owner will execute a Development Agreement incorporating elements including, but  not limited to those cited in Matt Pielsticker’s December 14, 2012 Staff Report;   Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 4 of 19   Staff Comments: The December 14, 2012 Staff Report included topics to be addressed in a  Development Agreement, including but not limited to: maintenance obligations for LSL, fees  for tying into the heat recovery system, inclusion of the time‐share amenities fee and real  property transfer tax, and other landscaping installation and maintenance responsibilities.  All  of these matters have been included in the draft Development Agreement for Council’s  consideration.    (6) Pursuant to AMC§7.28.090(j)(3)(iv)(A), the Property owner will provide park benches (to the  specifications of the Main Street Plan), or other acceptable street furniture in the common space  near the northwest corner of the building where the decorative patio is indicated;  Staff Comments:  This condition is carried forward in draft Ordinance 13‐03. As drafted, the  Town Manager, or designee, will approve these particular improvements.     (7) Final approval of the building materials and colors will be by PZC after reviewing an on‐site  mockup;  Staff Comments: PZC reviewed a material and color board at their Public Hearings.  While the  materials and colors were supported; the scale of the project warranted an on‐site review to  finalize the approval.  Since the AMC clearly states that Development Plans in the Town Core  will be approved by Council, Staff is recommending that this condition be reworded to make  final approval of colors and materials by Council.  This particular future approval may be  delegated to PZC if Council so chooses, and that option has been built into the draft  Ordinance.     (8) The applicant will provide a drawing of the proposed mock‐up for review and approval by the  Planning and Zoning Commission prior to the construction of the mock‐up;  Staff Comments:  This condition was added in order to make sure the mock‐up size and level  of detail would be acceptable, prior to construction.  As stated, since the code requires Town  Council review for plan’s located in the “Town Core”, this condition was modified by Staff to  state that the drawing of the mockup will be approved by Council, unless Council delegates  this design review authority to PZC as recommended.     (9) The air intake louvers adjacent to the bus stop are to be relocated;  Staff Comments:  In the course of review, the design and location of the mechanical system  louvers adjacent to the Transportation Center were analyzed.    PZC recommended that these  louvers be moved to another side of the building since this area has a high level of pedestrian  (i.e. benches, bus stop attendees) activity and additional exhaust would not be appropriate.   The Applicant has examined the design of this system further, and has concluded that there  are no other feasible options for locating this particular vent.  The vent is on the south side of  the building adjacent to the bus stop, below the sales center.   Staff carried this condition  forward in draft Ordinance 13‐03 with the hope that this will be addressed with construction  drawings.            Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 5 of 19   Background:  This abbreviated development approval background is included to highlight  what has occurred on the Property, starting with a rezoning approval.  A  Rezoning was approved in 1999 from Town Center (TC) to Planned Unit  Development (PUD).  Along with the zoning, a PUD Development Plan was  approved for a mixed‐use development including: eighty‐nine (89) residential  units, or two hundred (200) accommodation units, or a maximum of 155,000  sq. ft. of residential space above retail/office space on the ground level.                            1999 PUD Schematic    In 2004, a PUD Development Plan was approved by Ordinance #2004‐01 for another mixed‐use  development.  A replat of the Property also occurred, which included carving off Benchmark Court (aka  “Lettuce Shed Lane”) to be a fifty foot (50’) dedicated Town right‐of‐way.  The PUD Development Plan  included the requirement for a minimum of 17,000 sq. ft. of retail in combination with at least one of the  following minimum residential densities: one hundred and twenty‐five (125) timeshare units, or one  hundred and sixty (160) accommodation units, or one hundred (100) condominium units.  The maximum  entitlements would consist of 280,000 sq. ft. of Gross Floor Area in total, of which up to 60,000 sq. ft.  could be retail/commercial.  There were no design plans approved with the 2004 approval, only minimal  design guidelines.      Following a lawsuit with neighboring property owners Ordinance #2004‐01 was declared invalid by the  Court; the subdivision that created Lettuce Shed Lane, a fifty foot (50’) Town right‐of‐way, remained in  place and no other development approvals have been formally proposed since that time.  The Property  has been used for temporary event parking or overflow skier parking more recently.    Rezoning:   The Application includes a Rezoning request to rezone the Property from the Planned Unit  Development (PUD) zone district to the Town Center (TC) Zone District.  The review process and  review criteria for zoning amendments are governed by AMC §7.16.050, Zoning Amendments.      Council shall use the criteria below as the basis for a final decision on the Application.  Each criterion  for review, including Planning Staff’s responses to each review follows:  (1) Evidence of substantial compliance with the purpose of the Development Code;  Staff Response:  The Application is substantially compliant with the purpose statements in the  Development Code.  The Rezoning will provide for the orderly use of the Property, while at the  same time conserving the value of the investments of other owners of property in Town.  Any  anticipated impacts to public services and facilities would be properly mitigated by measures  contained in the Development Agreement.      (2) Consistency with the Avon Comprehensive Plan;  Staff Response: Staff finds the Rezoning Application to be consistent with the Avon  Comprehensive Plan; by definition, this includes other master plans such as the West Town  Center District Investment Plan (“Main Street Plan”), and the Avon Comprehensive  Transportation Plan.  The Application conforms with the principal Land Use Goal (Goal C.1), to  “provide a balance of land uses that offers a range of housing options, diverse commercial and  employment opportunities, inviting guest accommodations, and high quality civic and recreational  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 6 of 19   facilities, working in concert to strengthen Avon’s identity as both a year‐round residential  community and as a commercial, tourism and economic center.”    The Avon Comprehensive Plan envisions mixed‐use development with convenient circulation  through the Town Center towards the Gondola. There is a mix of uses proposed with this  Application, and the pedestrian corridor is improved on the west side of the Property within  Lettuce Shed Lane.  In areas where strict compliance with “mandatory” requirements of the Main Street Plan are not  achieved, AMC §7.04.090, Relationship to Comprehensive Plan, provides the clear ability for Town  Council to not require strict compliance if things such as market conditions justify a new  design/use approach to development.  (3) Physical suitability of the land for the proposed development or  subdivision;  Staff Response: The Property is suitable for development proposed in the Development Plan  application.  In terms of infill projects, there is very little work to prepare for construction since  there has never been any building on the site.        (4) Compatibility with surrounding land uses;  Staff Response:  The immediate surrounding area is generally mixed‐use with an emphasis on  wholly‐owned residential units, office, and retail.  The transit center borders the entire southern  property line and is a regional hub of activity.  Additionally, all of the Town’s guest  accommodations are within a five (5) minute walk from the Property.  The proposed land uses  are compatible with the surrounding land uses.     (5) Whether the proposed rezoning is justified by changed or changing conditions in the character  of the area proposed to be rezoned  Staff Response:  The proposed rezoning is consistent with neighboring TC zoned properties.  The  immediate area has been improved with streetscape improvements compliant with the Main  Street Plan, and this Application proposes to extend those improvements with a path connection  on Lettuce Shed Lane.  (6) Whether there are adequate facilities available to serve development for the type and scope  suggested by the proposed zone compared to the existing zoning, while maintaining adequate  levels of service to existing development;  Staff Response: Adequate facilities are available to serve the development.  Staff has continued  to work with the Town’s and Owner’s design consultants to better understand the scope of the  heat recovery system expansion analysis and determine whether or not it is feasible to connect  the Town’s system to this property’s snowmelt system.  More detail on this analysis will be  provided under separate memo to Town Council.  The Development Agreement is drafted such  that this system is available, but not a required connection.    (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;  Staff Response: AMC §7.20.080(c), Town Center, states that the TC district is intended to provide  sites for a variety of uses such as hotels, commercial establishments, offices and residential uses.   AMC §7.24.040, Table of Allowed Uses, includes lodging and retail as permitted uses.  The  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 7 of 19   Application proposes lodging uses and retail uses; therefore, the proposed Rezoning is  consistent with the stated purpose of the TC zone district.  (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts  upon the natural environment, including air, water, noise, storm water management, wildlife, and  vegetation, or such impacts will be substantially mitigated;  Staff Response:  The existing zoning is a defunct PUD, and there should not be any significant  adverse environmental or other impacts resulting from Rezoning to the TC Zone District.   Furthermore, prior to approval of PUD zoning in 1999, the Property was originally included in the  TC zone district.  Impacts such as those with the stormwater system are addressed in the  drainage report with a stormcepter system.     (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse  impacts upon other property in the vicinity of the subject tract;  Staff Response:  There are no significant adverse impacts anticipated to surrounding properties.   In certain respects, the Rezoning would result in a project with lesser impacts upon other  properties in the vicinity.  For example, this Application proposes a lower building height than  surrounding buildings and PUD approvals.  There is a larger setback from the property to the  West when compared to previous designs. The increased setback responds to Comprehensive  Plan Goals and Policies which envision an improved pedestrian experience that maintains  adequate solar exposure in public areas surrounding the Property throughout the year.      (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as  reflected in the approval of the applicable PUD; and,  Staff Response:  This criterion is not applicable because the Applicant is seeking to Rezone the  Property to the TC zone district.  (11) Adequate mitigation is required for zoning amendment applications which result in  greater intensity of land use or increased demands on public facilities and infrastructure.  Staff Response:  The Property was zoned TC previous to the PUD approvals in 1999 and 2004.  As  mentioned, any increased demand on the heat recovery system would be handled through the  Development Agreement if the Owner sees benefits with connecting.  The project would be a  Timeshare development and the associated Code Text Amendment application further clarifies  the allowable uses in the TC Zone District.  When reviewing the merits of the Application, the  Town Council must also be aware of AMC §7.16.050(d), Zoning Amendment Mitigation. This code  section speaks directly to requiring mitigation when increased demands on public services or  infrastructure (i.e. recreation center, transportation system) could be experienced with a  Rezoning request.    On similarly situated time‐share projects, such as the Sheraton or Christie Lodge, the Town has  successfully addressed these incremental impacts with a Timeshare Amenities fee, which is  assessed on each ownership interest and collected semi‐annually by the Town.  This language is  included in the Development Agreement and has been adjusted accordingly based on the point  system that Wyndham utilizes with their unique product.             Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 8 of 19   Major Development Plan  All new development in Town is subject to the standards and requirements outlined in AMC §7.28,  Development Standards.  The purpose of these standards is to establish the minimum requirements for the  physical layout and design of all development including: access, parking, landscaping, screening,  architectural, and other design standards.  These provisions address the physical relationship between  development and adjacent properties and public streets in order to implement the Comprehensive Plan’s  vision for a more attractive, efficient, and livable community.  The Application was evaluated by PZC and Staff against the General Development Standards in AMC §7.28,  Development Standards; the Project was found to be either in compliance with the standards or requiring  an AEC application in one instance.  Table 1 below demonstrates general conformance with the General  Development Standards, with an AEC request from landscaping irrigation requirements:  Table 1:  General Development Standard Compliance  Development Standards AMC  Section Compliant N/A AEC  Parking & Loading §7.28.020 X    Access Drive §7.28.030 X    Mobility & Connectivity §7.28.040 X    Landscaping §7.28.050   X  Screening §7.28.060 X    Retaining Walls §7.28.070 X    Fences §7.28.080 X      Parking and Loading    The Application is in conformance with the Parking and Loading provisions of the AMC, and all  parking spaces required to serve the buildings are located on the Property.  Per AMC Table 7.28‐2:  Off‐Street Parking, the Application provides one (1) space per unit, and four (4) spaces per 1,000  square feet of retail.  The AMC allows Staff to apply a Mixed‐Use reduction of fifteen percent (15%) to  the total parking calculation.  In this case the project is required a total of fifty‐three (53) spaces, and  a total of sixty (60) are provided and therefore is in compliance with parking regulations.  During PZC  review they requested further information on how the peak demand periods would be handled.   Specifically, PZC wanted to understand how employees would be accommodated on‐site in the  event more than one (1) vehicle is required per unit (i.e. the three (3) bedroom units).      In response to a request from PZC for more information, the Application materials were amended to  demonstrate the ability to add more parking in the structure if/when valet service is utilized during  peak demand times of the year.  See the Major Development Plan submittal (Attachment A – 11” x  17” Plans) for more detailed information.       Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 9 of 19   Loading to accommodate trash removal is proposed via Lettuce Shed Lane.  Pursuant to AMC  §7.28.090(m), Off‐Street Loading, access must be designed “with appropriate means of vehicular  access to a street or alley in a manner which will least interfere with traffic movement, as approved by  the Town Engineer.”  The Application includes a turning movement exhibit indicating access  immediately West of the Transportation Center, sharing the same entrance the Seasons building  enjoys for their loading dock.  Trash service vehicles would maneuver approximately one hundred  feet (100’) up Lettuce Shed Lane to the service entrance which is located on the west side of the  building.       Access Drive  The access drive is on the East side of the Property, as originally planned during the design of the  Transportation Center and Main Street Plan.  The Applicant has submitted a traffic impact study and  demonstrates that the access design and location can comfortably handle the traffic volume  generated by this development.    Access for emergency and service vehicles is would be in the motor court area, and fire department  staging will be from Benchmark Road in the transit area.  No access by fire trucks is necessary on  Lettuce Shed Lane and Main Street pedestrian areas.  The Application is in compliance with all other  access requirements, including but not limited to: minimum width (24’), maximum grade (4%), and  sight distance triangle requirements.    Snow Storage and Drainage     Pre‐development hydrology patterns are to be maintained in accordance with AMC §7.32.050,  Stormwater Drainage.  Additionally, the AMC requires that snow storage be handled on‐site unless  waived by the Town Engineer.   The Application proposes to snowmelt all parking and loading areas,  and therefore the Town Engineer has granted a waiver to the on‐site snow storage requirements.      A preliminary drainage report was provided to Staff with the original submittal of the Application in  order to evaluate the pre‐developed and post‐developed discharge rates for 25‐year and 100‐year  storms.  After responding to initial comments from the Town Engineer, a Final Drainage Report was  submitted.  The Final Drainage Report finds that the site will not require detention, and a  stormceptor water quality control chamber will be provided to handle water quality.  All storm water  will pass through the site as indicated on the plans and the existing storm sewer infrastructure in  Benchmark Road can accommodate the storm runoff generated by this development.   Bicycle Facilities   Bicycle parking facilities will be provided, as required by AMC §7.28.020(j), Bicycle Facilities.   Developments that contain twenty‐five (25) or more parking spaces must provide bicycle parking  facilities, with at least one (1) space for every ten (10) vehicle parking spaces.  The Application  proposes two (2) bike rack locations – one (1) in the parking garage intended for on‐site employees  and guests, and another located near the pedestrian mall on the northwest corner of the building.    Mobility and Connectivity  Bicycle and pedestrian path connectivity is included in the site design with a multi‐use path on  Lettuce Shed Lane, and stairway connections on the west and south sides of the building.  Extensive  sidewalk improvements surround the property and the future Pedestrian Mall and park  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 10 of 19   improvements on the North side of the Property in Tract G will be constructed by the Town in  concert with this development if possible.      Landscaping  The stated purpose of the landscaping standards is to ensure that the Landscape Plan:    (1) Integrates building sites with natural topography and existing vegetation,   (2) Minimizes disturbed areas,  (3) Respects the limitations and best uses of water resources,   (4) Reduces the amount of reflected glare and heat absorbed in and around developments,   (5) Breaks up large expanses of parking lots, and  (6) Preserves residential neighborhoods by lessening the impacts of potentially incompatible  uses.    The minimum landscaped area required for the TC zone district is twenty percent (20%) of the total  lot area, and according to the landscaping standards the maximum irrigated area is twenty percent  (20%) of the landscape area.  In order to comply with the twenty percent (20%) minimum  requirement, the area west of the Lettuce Shed Lane path and immediately North of the building  must be included in the area requirements.  The Applicant is seeking relief from the twenty percent  (20%) maximum irrigated area requirement as part of the AEC application, which is discussed in more  detail below.          The Property is exempt from the parking lot perimeter landscaping requirements since it is located in  the TC zone district.  The Landscape Plan was modified pursuant to Staff’s initial comments, and  includes landscaping both on the Property and in some cases in the Town’s right‐of‐way.  As noted,  landscaping and on‐going maintenance is addressed in the Development Agreement.  Screening  Conformance with the screening standards is demonstrated in the Application, including screening  of the roof mounted mechanical equipment with “architectural features.”  In order to comply with  the service area requirements, the trash truck delivery schedule may not interfere with “the normal  activities of building occupants or visitors on driveways, walkways, in parking areas or at entries”; in  other words, any potential conflict between trash removal operations must be ensured.  When  considering the limited potential for conflict with trash services, the benefit of including the  permanent refuse storage inside the building and completely screened from view should be a  balanced consideration by the Council.  Retaining Walls  Retaining walls are limited to areas supporting the motor court area.  The walls are generally  between three feet (3’) and five feet (5’) tall, and would be faced with stone to match the style used  elsewhere on the building.  If this design is approved the walls over four feet (4’) in height would  need to be structurally designed and certified by a Colorado licensed professional engineer.     Fences  The fences and railings at the ground level along Main Street and Lettuce Shed Lane will be  architecturally compatible with the style, materials, and colors of the balconies above.        Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 11 of 19   General Design Standards  The design standards contained in AMC §7.28.090, Design Standards, are the cornerstone of the  Development Code.  This Chapter deals with all architectural standards to determine compatibility  with the Town’s overall appearance and surrounding development.   While the immediate area of the  Property is dominated by stucco construction, a shifting theme is emerging with this Application and  others in the area.  More stone is being introduced to the base of buildings, and additional materials  such as hardi‐board siding are more commonly found on newer construction.     The Application was evaluated by Staff and PZC against AMC §7.28.090(c) Generally Applicable Design  Standards; the Project was found to be in compliance with all of the standards, as demonstrated in  Table 2 below:                 Table 2:  Design Standard Compliance  General Design  Standards AMC Section  Compliant N/A AEC  Site Disturbance  Envelope §7.28.090(c)(1)  X     Site Design §7.28.090(c)(2) X    Building  Materials/Colors §7.28.090(c)(3) X    Roofs (general) §7.28.090(c)(4) X    Weather  Protection §7.28.090(c)(5) X      Site Design  The site design is centered on the auto‐courtyard in the center of the Property, and the building  borders all property lines as required by the AMC and envisioned in the Avon Comprehensive Plan.   The building is oriented to optimize solar access and views, in conformance with AMC requirements.   All new development is required to define a “site disturbance envelope” on the site plan.  The  disturbance envelope respects the southern property line bordering the transportation center, and  extends into the Town right‐of‐way on all other sides of the property.  In light of the work outside  the boundaries of the property, including but not limited to landscaping improvements, a  Development Agreement is required to address construction and post‐construction responsibilities.         Building Materials and Colors  The use of high quality, durable building materials is required.  Additionally, “Indigenous natural or  earth tones, such as brown, tan, grey, green, blue or red, in muted flat colors with a Light Reflective  Value (LRV) of sixty (60) or less are required.”    The material and color palette are in compliance with  these design standards.  It should be noted that the LRV of the stucco equals sixty (60) and is the  lightest, or most reflective color approvable by code.     Roofs  The Design Standards require roofline modulation and varied roof forms for all buildings in Town.   Additionally, for buildings exceeding four (4) stories, the minimum overhang length shall be thirty six  (36) inches for primary roof forms.  Primary roof forms shall have a pitch of not less than four‐to‐ twelve (4:12).  The roof design is in compliance, proposing mostly five and one‐half‐to‐twelve (5.5:12)  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 12 of 19   roof pitches, and at least thirty six inches (36) inch overhangs for the majority of the primary roof  forms, and even larger overhang where balconies are located.  It must be noted that the main roof  material proposed is asphalt siding, which is “discouraged” by the standards.  The Town Council  must decide if asphalt roof shingles for this Property are acceptable, given the discouragement of  the design standards and the fact that most properties in the vicinity either use metal roofing or  recycled rubber tiles (i.e. Riverfront).  The secondary roof areas are proposed with metal roofing  utilizing a Dark Bronze color.      Weather Protection  Building entrances are protected, as are balconies and pedestrian walkways and sidewalks.  A snow  control plan (Attachment A) is included in the submittal to address rooflines that slope towards  pedestrian areas.       Mixed‐Use and Nonresidential Design Standards  In addition to the Generally Applicable Standards, this Application is subject to AMC §7.28.090(j),  Mixed‐Use and Nonresidential Design Standards.   These standards include an extra layer of review,  including some standards specific to TC Zoned properties in the Town Core.         Table 3 indicates that some of the standards were found to be either not applicable or requiring AEC  approval.  For standards requiring approval with a concurrent AEC application, please refer to  (Attachment A) and the AEC portion of this report below, with specific responses to the AEC review  criteria.             Table 3:  Mixed‐use and Non Residential Design Standard Compliance   Standard AMC Section Compliant N/A AEC  Building  Orientation §7.28.090(j)(3)(i)  X    Outparcels §7.28.090(j)(3)(ii)   X   Parking §7.28.090(j)(3)(iii)  X    Common  Spaces §7.28.090(j)(3)(iv)  X    Building Layout  & Design §7.28.090(j)(4)(i)  X    Four‐sided  Design §7.28.090(j)(4)(ii) X    Compatible  Design §7.28.090(j)(4)(iii)  X    Mixed‐Use §7.28.090(j)(4)(iv)   X  Scale and  Massing §7.28.090(j)(4)(v)    X  Development  Transitions §7.28.090(j)(4)(vi)  X    Storefronts &  Pedestrian  Entrances §7.28.090(j)(4)(vii)      X  Materials §7.28.090(j)(4)(viii)  X    Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 13 of 19                        Building Orientation  The building design reinforces the street edge, maximizes solar orientation, and is in compliance with  this subsection.    Outparcels  Not applicable.    Parking  The majority of the parking is located underground, and is in compliance with this subsection.    Common Spaces  This Application provides both indoor and outdoor common areas.  While the owner’s lounge patio  on Lettuce Shed Lane is not open to the public, the area at the northwest corner of the building is  situated well for public amenities such as park benches.  PZC recommended that the Applicant  provide park benches (or other acceptable street furniture) in the common space to the Northwest  corner of the building near where the three‐sided directional sign is indicated on the plans.  This  recommendation is carried forward in draft Ordinance 13‐03.    Building Design  The building design is appropriate for the site it is situated on.  Staff recommends that the PZC  review the building materials carefully, particularly the asphalt shingles and stone selection to  determine their appropriateness in this setting.    Four‐sided Design  This property effectively has four “fronts”, and each building elevation is designed with equal care  and quality as the principle side facing Benchmark Road.         Compatible Design  A clearly defined and appropriate architectural theme has been established.  In compliance with the  design standards, a number of architectural features have been utilized to create compatible design,  including but not limited to the following: overhangs, peaked roof forms, outdoor patios, vertical  elements, and horizontal banding.     Mixed‐Use Buildings in Town Core  This subsection requires retail, personal service, or restaurant uses for portions of the building  fronting Lettuce Shed Lane, Benchmark Road, and Main Street.  An accompanying AEC application  was submitted in order to seek relief.    Scale and Massing  These standards seek to break up building mass to ensure a pedestrian‐friendly scale at the ground  level of new buildings.   In all instances, buildings taller than two (2) stories or thirty feet (30’) “shall  Roofs §7.28.090(j)(4)(ix) X    Windows §7.28.090(j)(4)(x)    X  Parking  Structures §7.28.090(j)(5)   X   Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 14 of 19   be designed to reduce apparent mass and visually anchor the building to the site by including a clearly  identifiable base, body and top, with horizontal elements separating these components.”  This section  requires a step back between twelve feet (12’) and forty‐five feet (45’); the Application includes an  AEC request from this standard.  The PZC concluded that the alternative design, without stepping,  was better given the amount of vertical articulation and materials, color, overhangs, and varied roof  treatments.    Development Transitions  The project successfully fits into the context of the area, and appears to frame the adjacent Rights‐ of‐Way in a positive manner.       Storefronts & Pedestrian Entrances  The Applicant is seeking AEC approval due to variations from this subsection.  See below.      Materials  Multiple high quality materials are proposed on each building elevation.  There is a weighted  hierarchy, with heavy materials at the base of the building and “lighter” materials (i.e. stucco siding)  above.        Roofs  The roof design is proportional, varied with dormers, and generally in compliance with the standards.   The design standards discourage asphalt roofing, and also state that any metal roofing should be  muted.  The design includes asphalt roofing for the majority of the roof, with areas of dark metal  roofing.  Again, this proposed materials should be reviewed carefully.  PZC found the material to be  acceptable for this particular site.     Windows  All buildings on Main Street, Lettuce Shed Lane, and Benchmark Road are required to use large  display type windows to activate the street experience.  This design standard is not met with the  Application, and the Applicant has provided rationale in the narrative booklet (Attachment A).        Parking Structures  This section is not applicable as the great majority of the parking structure is sub‐grade.  The limited  areas that are above‐grade on the West and South building elevations use compatible building  materials with the rest of the building.      Major Development Plan Review Criteria  Pursuant to AMC §7.16.080(f), Review Criteria, Council is charged with reviewing this Design and  Development application against the following Development Plan and Design Review Criteria:  (1) Evidence of substantial compliance with the purpose of the Development Code as specified  in §7.04.030, Purposes;  Staff Response:  As documented in this report and in the Applicant’s submittal, this  Application is found to be in compliance with the purpose statements from the  Development Code.  The purpose statement directly germane to this Application is  §7.04.030(l), which reads “Promote architectural design which is compatible, functional,  practical and complimentary to Avon’s sub‐alpine environment.”                  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 15 of 19   (2) Evidence of substantial compliance with the §7.16.090, Design Review.  Staff Response:  The Major Development Plan provides substantial compliance with the  design review chapter.  The proposed materials and colors are visually harmonious with  the Town’s overall appearance, and that of the buildings in the immediate vicinity.     (3) Consistency with the Avon Comprehensive Plan;  Staff Response:  The Avon Comprehensive Plan goals and policies related to the built  environment and land use are very much in tune with the purpose statements in Title 7 of  the Development Code.  The Planning Staff supports the Applicant’s detailed responses  and analysis of the Main Street Plan goals, policies, and design guidelines.        (4) Consistency with any previously approved and not revoked subdivision plat, planned  development, or any other precedent plan or land use approval for the property as  applicable;  Staff Response:  The site design is generally in conformance with the governing  subdivision plat: A RESUBDIVISION OF A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT  BEAVER CREEK (reception #868662).  It was determined that a Minor Subdivision is  required to implement the proposed design with at‐grade and aerial encroachments into  Lettuce Shed Lane.  At the same time, the request to eliminate the utility easement  bordering Lettuce Shed Lane could be included with the same minor subdivision  application.  This particular approval would be a requirement in the Development  Agreement.     (5) Compliance with all applicable development and design standards set forth in this Code,  including but not limited to the provisions in Chapter 7.20, Zone Districts and Official  Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards;  and  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 16 of 19   Staff Response:  Compliance with the applicable development standards has been  documented in the report, or otherwise addressed through the AEC application.    (6) That the development can be adequately served by city services including but not limited  to roads, water, wastewater, fire protection, and emergency medical services.  Staff Response:  The development can be adequately served by city services.  The  Applicant has worked with the fire district to facilitate a successful fire protection plan,  including a control panel at the Southwest corner of the building.  Pursuant to comments  provided by the fire district, one (1) additional hydrant may be required, if found  necessary by a Fire Protection Engineer.    Any additional impact on city services (i.e. Recreation Center) shall be adequately  mitigated by the Times‐share amenities fee proposed with the Development Agreement.       According to AMC §7.16.090(f), Design Review, the following criteria must also be reviewed by the  Town Council before taking action.  (1) The design relates the development to the character of the surrounding community; or,  where redevelopment is anticipated, relates the development to the character of Avon as  a whole;  Staff Response:  The Design of the building compliments neighboring development and  should be compatible with any surrounding redevelopment that could occur in the  future.  Design queues are taken from other recent construction, including that on the  Riverfront Subdivision, and more recently, updates to the Seasons building immediately  to the West.     (2) The design meets the development and design standards established in this Development  Code; and  Staff Response:  The design is in general conformance with the development and design  standards established in the AMC; where literal conformance is not met, the Applicant  has proposed an alternative design via the AEC process.  (3) The design reflects the long‐range goals and design criteria from the Avon Comprehensive  Plan and other applicable, adopted plan documents.  Staff Response: Avon’s long range planning documents speak heavily to requiring mixed‐ use development in the Town Center.  The Application is in conformance with a number  of the overarching Goals and Policies from the Comprehensive Plan, including Built Form  and Land Use recommendations (i.e. Policy B.1.5 – Require that development within the  Town Center is readily accessible to and integrated with existing retail areas and transit  service routes for both pedestrians and vehicles).      While the Application is not in strict conformance with some of the design criteria found  in the Main Street Plan, Staff finds that the Application’s design and programming are  justifiable based on AMC §7.40.090(b), Relationship to Comprehensive Plan; this section  states that conformance with certain “mandatory” requirements of the Main Street Plan  is not required since strict compliance is not practical given market conditions and the  current needs of the community.     Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 17 of 19   Alternative Equivalent Compliance  Part of the Application is an AEC request from specific design standards.  This procedure allows  development to meet the intent of the design‐related provisions of the Development Code through  an alternative design.  It is not a general waiver or weakening of regulations; rather, this application  procedure permits a site‐specific plan that is equal to or better than the strict application of a design  standard specified in this Development Code.  AEC approvals are site specific and do not establish a  precedent for approval of other requests.    The Application request AEC approval from the following standards:     Maximum Irrigated Area – AMC Table 7.28‐6, Minimum  Landscaped Area and Maximum Irrigated Area by Zone District        Ground Floor Commercial ‐ §7.28.090(j)(4)(iv)  (iv) Mixed‐Use Buildings in Town Core.   To encourage appropriate commercial and mixed‐use development  in Town Core any portion of a new mixed‐use building with street  frontage floor area located on E. Beaver Creek Boulevard, Lettuce  Shed Lane, Benchmark Road, or Main Street must be occupied by  retail, personal service and restaurant uses, as listed in Table 7.24‐1.  All ground floor commercial space must be at least twelve (12) feet in  height as measured from finished floor elevation to finished ceiling.     Building Stepping ‐ §7.28.090(j)(4)(v)(D)  (D) Where primary building walls exceed three (3) stories or forty‐ five (45) feet in height, as measured from finished grade to the  underside of the eaves, building form shall step back at least eight  (8) feet in depth and shall generally occur between twelve (12) feet  and forty‐five (45) feet above the finished grade, depending on the  height of the structure and the surrounding development context.     Ground Floor Glazing and Entrances ‐ §7.28.090(j)(4)(vii)  (vii)  Storefronts and Pedestrian Entrances.  (A)   The first floor of all new buildings shall provide: a pedestrian  friendly environment,   with   human‐scale   and   natural   building    materials;   extensive storefront windows for display and views  into the business; and access directly from adjacent sidewalks.    (B)   When transparency is in conflict with internal functions of the  building, other means shall be used to activate the street facing  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 18 of 19   facades such as public art, architectural ornamentation or details, or  color patterns.    (C)   To encourage activity along the building frontage, entrances  shall be located at intervals of a maximum of thirty‐two (32) feet.    (D)  The primary access to retail spaces on Benchmark Road, Main  Street, and W. Beaver Creek Boulevard, shall be from the sidewalk.    According to AMC 7.16.120(d), Review Criteria, Council shall use the following review criteria as the  basis for a decision on an application for AEC:  (1) The proposed alternative achieves the intent of the subject design or development  standard to the same or better degree than the subject standard;  (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan  to the same or better degree than the subject standard;  (3) The proposed alternative results in benefits to the community that are equivalent to or  better than compliance with the subject standard; and  (4) The proposed alternative imposes no greater impacts on adjacent properties than would  occur through compliance with the specific requirements of this ordinance.  Staff Response:  The requirement to provide and design buildings with pedestrian level  retail/commercial development is rooted in the Main Street Plan.  The Main Street Plan  was an elaboration of previous Town Center District Plans, and was developed to build  predictability and direction into the design review process, while outlining reasonable  expectations for growth.  As the Applicant points out, the Main Street Plan was designed  around “Main Street”; tax‐increment financing was modeled around the development,  and funding that was necessary to fuel the extensive Main Street public improvements  planned for the District.  Goals for the Main Street Plan include:  • Intensely developed District in Town  • Diverse retail, lodging, and housing mix  • Pedestrian‐oriented focus on Design  • Gathering place for visitors and residents  Some of the design and programming concepts that formed the basis for the Main Street  Plan ended up directly informing the Avon Municipal Code updates that were approved in  2010.  For example, requiring extensive window glazing and programming space for retail  uses adjacent to public rights‐of‐way (current or planned), was a result of the Main Street  Plan goals.  The Applicant argues that this area of Town is saturated with retail and  restaurant space; adding additional space in this economic climate is not justifiable.    The Landscape Plan exceeds the maximum permitted irrigated area requirement.  These  requirements were codified in 2010 with the AMC updates, and are a carryover from the  2001 Design guidelines.  These requirements are intended to reduce water consumption.   Staff finds benefits with the proposed irrigated landscaping that outweigh strict and  literal compliance.  It must be noted that the Landscape Plan is consistent with the Mall  Improvement Plan approved last year, utilizes several drought tolerant plant species, and  Public Hearing on Ordinance 13‐03    Lot 61 – Wyndham Rezoning, Major Development Plan, AEC, Development Agreement Page 19 of 19   will include a rain sensor.  The proposal is to utilize only drip irrigation.  By nature of the  conserving qualities of drip versus spray irrigation, the proposed landscape plan appears  to meet the intent of this regulation.  This is an example of how strict adherence to Design  Requirements may not be in the best interest of the Town when evaluating Town Core  development.  The Application appears to achieve the overarching goals of the Comprehensive Plan,  which as mentioned, speak to creating vibrant pedestrian friendly developments with  attention to human scale.  The proposed architectural detailing and high quality materials  and design elements and the ground level help to anchor the building and provide inviting  spaces.    Available Actions:  1) Approve First Reading of Ordinance 13‐03 (Attachment D) as drafted; and Set the date of a Public  Hearing of Second and Final Readings for February 26, 2013.    2) Approve First Reading of Ordinance 13‐03 (Attachment D), with modifications, and/or additional  conditions; and Set the date of a Public Hearing of Second and Final Readings for February 26, 2013.    3) Continue Ordinance 13‐03, for a period not to exceed thirty‐five (35) days.     4) Deny Ordinance 13‐03.      Staff Recommendation:  Conduct a Public Hearing, and Approve First Reading of Ordinance 13‐03 (Attachment D) as drafted;  and  Set the date of a Public Hearing of Second and Final Reading for February 26, 2013.    Attachments:   A – Application Materials, including 8”x 11” Binder & 11”x 17” Development Plan  B – PZC Findings of Fact and Recommendation, dated January 15, 2013  C – Written Public Comments & Staff Response from Town Attorney  D ‐ Draft Ordinance 13‐03      Submitted by: Submitted: September 24, 2012 Rev. October 26, 2012 Rev. October 31, 2012 Applications to the Town of Avon for: Rezoning Major Development Plan Alternative Equivalence Compliance Consultant Directory Pak Koong,A.I.A. Senior Director Development Planning & Construction Wyndham Worldwide 8427 South Park Circle Orlando, FL 32819 206.724.5306 pak.koong@wyn.com Ted Hunter Senior Vice President Development Planning and Construction 407.626.4554! ted.hunter@wyn.com Oz Architecture Becky Stone 3003 Larimer Street Denver, CO 80205 303.861.5704 bstone@ozarch.com Mauriello Planning Group Dominic Mauriello, AICP PO Box 4777 Eagle, CO 81631 970.376.3318 dominic@mpgvail.com Marcin Engineering Tom Marcin 970.748.0274 tom@marcinengineering.com DHM Design Gregg Brown 1390 Lawrence Street, Suite 100 Denver, CO 80204 303.892.5566 2 Table of Contents A. Introduction 4 B. Background 5 C. Existing Site 6 D. Project Proposal and Detail 8 1. Program 8 2. Access and Service 9 3. Traffic Effects 10 4. Fire Department Access 10 5. Architecture 11 6. Signs 11 7. Lighting 12 8. Snowmelt and Snow Storage 12 9. Stormwater and Roof Drainage 12 10. Bicycle Racks 13 11. Parking 13 12. Water and Sewer 13 13. Easements 13 E. Zoning Analysis 14 F. Comprehensive Plan 15 1. Avon Comprehensive Plan 16 2. Avon West Town Center District Investment Plan 17 G. Zoning Map Amendment 23 H. Development Plan 27 I. Alternative Equivalence Compliance 31 J. Adjacents 34 K. Appendices 36 Application Forms 36 TItle Report 36 Ability to Serve Letters and Easement Vacation Letters 36 Traffic Report 36 3 A. Introduction Wyndham Vacation Resorts (WVR), is submitting applications to the Town of Avon for the development of a 58-unit timeshare and mixed-use project located at 75 Benchmark Road / Lot 1, Resubdivision of Block 2, Lot 61, Benchmark at Beaver Creek Subdivision. WVR is one of the world leaders in the vacation ownership business and is credited for having started the point based and transferrable timeshare products that dominate the market place today. The demand for timeshare structured ownerships is extremely high especially in unique destinations like the Town of Avon, a Rocky Mountain resort destination. WVR brings this strong background and its ability market this project world wide. One of the unique aspects of this WVR project is that it is being developed with 100% of the units developed to it highest quality standards - the Presidential Level. More typically in other resort locations Presidential Level units are limited to a lesser percentage of units within a project. This will be the first project developed by WVR with this high quality characteristic. The proposed five-story project will insert new life and vitality into the core of the Town of Avon with the addition of 58 new timeshare units, translating to new owners shopping, eating, and participating in all that the Town has to offer. These new guests will help to activate all of the existing businesses in this area of the Town and throughout. The project recognizes and respects the most recent redevelopment plans for Main Street and Lettuce Shed Lane. The proposed plan helps the Town implement its vision for the streetscape improvements desired in the Main Street area. All required parking is provided in a below grade parking structure with some additional short term parking available at the porte cohere which is accessed directly from West Benchmark Road. The project incorporates lodge amenities, including a grotto area with hot tub facilities, a guest lounge, a fitness center, sales office, a 1,000 sq. ft. retail space, and other lobby facilities typically found in a lodge facility. The following applications are included in this submittal: 1.Rezoning: The PUD approved in 2004 has since expired. The proposed zoning is Town Center, the zoning on the property prior to the approval of the PUD. 2.Major Development Plan: The project includes a 5-story building containing 58 timeshare units varying in size from 778 sq. ft. to 1,973 sq. ft. with underground parking, lobby amenities uses on the first floor, and a retail component. 4 3.Alternative Equivalent Compliance: There are various design-related issues that have been dealt with in a different manner than contemplated by the Avon Development Code. B. Background In 2004 the Town approved a PUD for Lot 61 (Ordinance No. 04-01) which allowed for residential, timeshare, and lodging densities of up to a maximum of 285 units plus 160 hotel rooms and a building height maximum of 105 ft. !As part of the approval the previous owners dedicated a 50 ft. wide right-of-way for Lettuce Shed Lane and a 20 ft. easement for the transit center which substantially reduced the development envelope of the property. !The PUD was vested for five years and expired in 2009. ! Although no development occurred on the property, but consistent with the development agreement, the dedication of the 50 ft. right-of-way and the 20 ft. transit center easement exactions survived the expiration of the PUD to the benefit of the Town. On October 23, 2012, the Avon Town Council, recognizing this dedication’s impact on the lot, agreed to allow the area of the Lettuce Shed Lane right-of-way to be included in the total lot size for the purpose of calculating lot coverage and landscape area. The proposed development plan for Lot 61 recognizes these previous exactions and all development occurs within the remaining site. 5 50 ft. right-of-way platted as Benchmark Court 20 ft. transportation easement C. Existing Site The site is located at 75 Benchmark Road / Lot 1, Resubdivision of Block 2, Lot 61, Benchmark at Beaver Creek Subdivision. The property is currently vacant, though it is occasionally used as informal parking, accessed from West Benchmark Road. The site is relatively flat with little existing vegetation and a large portion of it is graveled. There is a 20 ft. transportation easement along the southern property lie, which includes a portion of the bus lane, sidewalk, and transit shelter. Along the west property line is a 50 ft. public right-of-way, identified on the plat as “Benchmark Court” but commonly referred to as Lettuce Shed Lane. 6 Surrounding properties include the Seasons Building to the west, Avon Transit uses to the south, the Avon Town Square Center (i.e. Slifer Smith and Frampton Center) to the east, and the Avon Center Building to the north. Seasons Building Transit Uses Avon Town Square Center Avon Center Building 7 D. Project Proposal and Detail 1. Program The Lot 61 development for Wyndham is proposed as 107,020 gross square building, with one level of underground parking and 5 stories of above-grade timeshare ownership units.! The building is located in a welcoming landscape with public gathering spaces, enhanced pedestrian connectivity, visual connections from the intersection of Lettuce Shed Lane and Main Street as well as the main roundabout. The project includes 80,458 net sq. ft. of residential in a total of 58 units proposed for timeshare ownership sale, with hot tub amenities for project owners.! The project also includes a total of 791 sq. ft. of commercial space suitable for retail. Specifically, the project includes: 58 time share units (density of 69 units per acre) !32 one bedroom units (778 - 1,033 sq. ft. each) !34 two bedroom units (1,248 - 1,463 sq. ft. each) !8 three bedroom units (1,866 - 1,973 sq. ft. each) 791 sq. ft. of retail/food space 650 sq. ft. of sales space 1,250 sq. ft. indoor whirlpool 515 sq. ft. fitness center 1,115 sq. ft. owner lounge 1,500 sq. ft. lobby area 9,417 sq. ft. of storage, offices, and other back of house uses 60 parking spaces including 2 ADA spaces The project is being developed in a five-story building, which allows the building to respect the views and reduce impacts to adjacent properties. The prior PUD approval allowed a height of up to 105 ft. which generated outcry and lawsuits from neighbors, therefore a more sympathetic height and profile is proposed. Additionally, given the small size of the site, development costs of parking and other infrastructure, and building code restrictions, five stories allows for a balanced and economically viable project. Another benefit of a lower profile building is that it can be developed in a more traditional way with a simple and straight forward approach and orientation to the pedestrian. This low profile allows the designers to move away from the complicated and cumbersome series of overhangs and stepbacks that were previously necessary for mitigating the impacts of a significantly taller building. The Wyndham Vacation Resorts in Avon is a four-sided property with pedestrian and visual connections to and from Main Street, Benchmark Road and Lettuce Shed Lane. The entry auto-courtyard and main guest lobby will be housed along the street-front of Benchmark Road. Adjacent to the entry drive is the entrance to the underground parking.! The building has a series of stepbacks from the two ends 8 facing the mountain side of the building. These stepbacks are primarily to create a pedestrian scale at the street level and then also to step the roof to maintain interest in the massing. The ground floor on all three sides of the site includes active ground floor space (a mix of residential and non- residential use) that helps energize the pedestrian streets. Even with the lower profile of a five story building, the project achieves a high density in this core location at 58 units or 69 units per acre (by comparison, the Confluence project had an overall density of approximately 32 units per acre after removing the 5-acre stream tract dedication). 2. Access and Service Lot 61 is a unique site within the Town of Avon. This site is probably one of the most constrained sites in the Town with essentially a “front” on every side of the building and with differing influences on each side: Heavy traffic of the Town’s primary transit hub on the south side and 20‘ into the property; Automotive traffic along the east side on Benchmark Road; Pedestrian traffic on the north and west sides. These constraints, along with the small size of the parcel, make it challenging to provide access and services necessary for the project. The project team overcame these obstacles with a simple and creative design that provides vehicular access directly to and from Benchmark Road without affecting the Main Street pedestrian-way and desired public plazas. The proposed project has vehicular access from Benchmark Road to an auto court and lobby entrance and underground parking access. The project has convenient access to transit. Town bus service is available approximately one foot from the 9 southern boundary of the project at the transit stop constructed by the Town of Avon. Primary loading, trash removal and delivery for the project is via a multi-use corridor between Lot 61 and The Seasons, on Lettuce Shed Lane. Smaller service and delivery vehicles may access the project within the auto-court if needed or utilize the on-street pullout proposed by the Town on Benchmark Road intended for this purpose. The most challenging aspect was finding an appropriate location for trash collection and removal while minimizing impacts to Benchmark Road, the front door of the project where every guest arrives, the Town’s transit operations, and pedestrian movements on Main Street and Lettuce Shed Lane. The trash collections space is located within the building and located at grade level. At collection time, a dumpster is rolled into Lettuce Shed Lane for a few moments and a refuse vehicle collects the trash from Benchmark Road to the south. The impacts will be managed in non-peak hours and only occur for a few minutes on collection days. The trash facilities for the Seasons Building are also located in this area just west of Lettuce Shed Lane. Because there are not significant food service uses within the project, the amount and character of the refuse is not significant or objectionable. Loading and delivery functions will occur in the proposed pull out area as shown in the Town’s Main Street Plan or within the porte cochere of the building. 3. Traffic Effects A Traffic Impact Study, completed by Kimley-Horn and Associates, has been submitted as part of this application. The study indicates that the proposed project is anticipated to generate 400 daily trips. The study states that the project will be incorporated into the existing roadway network with no impact on the level of service, which is currently at LOS A/B. The recommendations of the study have been incorporated into the site plan and include the following: A stop sign for those exiting the property onto Benchmark Road Appropriate site distance of 280 ft. (right) and 240 ft. (left), 15 ft. behind the edge of Benchmark Road On-site and off-site signing and striping improvements incorporated onto the plans and to conform to Town of Avon standards. 4. Fire Department Access Fire truck staging will occur within Benchmark Road and within the bus stop areas in close proximity to one existing fire hydrant. Fire trucks will not drive on Lettuce Shed Lane or Main Street and therefore appropriately place standpipes or additional hydrants will be provided. A fire command center is provided within the building on the south west corner of the building. The entire structure is sprinklered. A pre- application meeting was held with the Eagle River Fire Protection District where these 10 details were provided to the development team and preliminarily agreed to by the District personnel, though additional review by the District is required. 5. Architecture The Wyndham Vacation Resorts project meets the intent of the Town of Avon Design Standards, with architecture and site design that contribute to the creation of a more unified architectural character for the Town Center. Materials conform to the permitted building and roof materials, and the building form responds to massing and form standards with particular attention to articulation especially in areas adjacent to significant pedestrian zones and public areas, while also tying into adjacent architecture. The building will be a more modern version of a lodge. The design uses gable roof forms and exterior decks to break up the scale of the building and to achieve 4-sided architecture. There is no “back” to this design. The building design includes very large windows and more urban materials to tie into the Town setting it sits in, yet still remains warm and inviting as a resort lodge.! A stone base, set in a running brick- laid pattern grounds the structure. Warm, modern materials spring from this base and help to accentuate the building forms. Materials include a stained, cement- board product for a modern interpretation of horizontal siding. The stain will be a warm-wood color and will be accented by a bronze metal material that contrasts the color and highlights the railings and windows. As a backdrop to the stained siding, the building will have a blend of vertical siding in a warm grey tone and some small areas of creamy stucco at upper reaches of the building. The main roof will be asphalt shingles at a 6:12 pitch. There are areas where there are lower slope accent roofs to create a more pedestrian scale along the streets and to help with snow- dump zones at the main roof. These accent roofs will be standing seam metal and will contain snow fences or clips to hold snow. 6. Signs The plan indicates probable locations for future signage. !As currently envisioned, signs will be located on the northeast corner of the building, incorporated into a site 11 wall, another smaller sign located on a column at the vehicular access to the garage and front door, surface mounted sign at the public plaza, and another located at the porte cochere. !Additional signage is indicated for the proposed retail space. !The full sign package will be submitted to the Town for review and approval after the entitlement process is completed. 7. Lighting Building lighting is indicated on the building plans for the project. !All lighting is proposed to meet the Town's lighting standards and be dark sky compliant. ! Additional bollard lighting, which matches the Town's preferred standard for the Town core, is proposed within the porte cohere and auto court area. !No additional site lighting is proposed. !The plan indicates some preferred locations for the light fixtures proposed in the Town's streetscape plans for Main Street and Lettuce Shed Lane, for those areas adjacent to the property. 8. Snowmelt and Snow Storage The site is being developed with very little onsite paved areas. !The auto court located at the porte cochere will be snow melted in order to maintain the entrance to the building in a high quality fashion. !Given this small area of surface paving and the provision of a snowmelt system, no snow storage is being proposed. ! In accordance with section 7.28.020(l)(4), the applicant is requesting that the Town Engineer waive the onsite snow storage requirements due to the presence of a snowmelt system and the limited area of exposed surface parking and auto court improvements. 9. Stormwater and Roof Drainage Today the Town's stormwater system daylights onto Lot 61 on the north side of the property. !This stormwater, from other areas north of the property, is being captured in a new stormwater pipe and directed around the property and down Lettuce Shed Lane, reconnecting to the Town's system at the southwest corner of the site. !All of the garage and porte cochere drainage is being captured onsite and pumped through a stormwater quality device located under Lettuce Shed Lane which connects to the Town's system. !Roof and surface drainage located in the front porte cochere and entry drive is being directed into the garage drainage system. !A gutter, downspout, and heat tape system is proposed for those areas of the roof that 12 can be day-lighted into landscape areas. !Where there is not an opportunity to daylight roof drainage into a landscape area, this roof drainage is being captured and connected into the garage drainage system eventually making its way to the Town's stormwater system. 10. Bicycle Racks Bicycle racks and storage are planned within the parking garage. !An additional bicycle rack is proposed at the northwest corner of the building. 11. Parking There are a total of 60 parking spaces being provided onsite. !The parking required for the project is 53 parking spaces - 58 timeshare units (accommodation units), a 1,000 sq. ft. retail space, and taking the 15% reduction allowed for a mixed use project in the Town Center. 12. Water and Sewer The project will connect to existing water and sewer lines located adjacent to the property. !According to the Town, the property is vested for for a total of 35.8 SFE water rights credit. !At a minimum the project will create 58 SFEs for the timeshare units and likely some additional amount for the amenities, irrigation, and retail space. ! The additional water rights will be obtained through a payment in-lieu to the Water Authority.! 13. Easements Lot 61 is currently encumbered with three easements: !a 20 ft. transportation hub easement which is currently developed with the transit center uses; a 7.5 ft. utility and drainage along Lettuce Shed Lane; and a 10 ft. utility and drainage easement along Main Street. !As mentioned previously, a 50 ft. wide strip of right-of-way was dedicated from this property to the Town with approval of the previous PUD along with the granting of the 20 ft. transportation easement. !Following approval of the project through the entitlement process, the applicant will seek to vacate the 7.5 ft. and 10 ft. utility easements. !These easements do not currently contain utilities and are adjacent to 50 ft. rights-of-way which currently contain utilities which serve the area. !These easements are redundant and removal allows the project, specifically underground parking areas, to be developed to the fullest extent possible.! 13 E. Zoning Analysis The property was most recently zoned PUD #27. PUD #27 was approved in 2004; however, all approvals of the PUD have expired. The PUD allowed for a mixed use project with approximately 60,000 sq. ft. of retail and commercial uses, and approximately 220,000 sq. ft. of residential (including timeshare units, accommodation units, and condominium units.) The current Town of Avon Zoning Map of the property is provided below: The site is proposed to be zoned “Town Center,” the purpose of which is: The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use Plan. The Town Center zone district allows multiple-family dwellings and timeshare units as a permitted use. The Town Center zone district provides flexibility for development in this area of Town, and provides the following dimensional limitations: 14 As the following table indicates, the proposal meets the development standards as provided by the Town Center district: Standard Allowed/Required Proposed Minimum lot size: NA 36,823.68 sq. ft. or 0.845 acres Density:Unlimited 58 units or 69 units per acre Maximum building height: 80 ft.80 ft. Minimum setbacks: Front: 0 ft.0 - 20 ft. (all 4 sides are fronts) Maximum site coverage*: 23,273 sq. ft. / 50%18,780.08 sq. ft. / 40% Minimum landscaped area*: 9,309 sq. ft. / 20%9,425 sq. ft. / 20.25% Parking 53 spaces 60 spaces * Based on a lot area including Lettuce Shed Lane of 46,546.68 (an additional 9,723 sq. ft.) The following table provides the parking calculations for the proposal: Use Calculation Spaces Required Timeshare Unit 1 space per unit (AU)58 Retail 4 spaces per 1,000 4 Total 62 Mixed Use Reduction 15%53 As proposed, the project exceeds the parking requirements of the Avon Development Code. F. Comprehensive Plan Development in this area is reviewed for consistency with the Avon Comprehensive Plan, and more specifically, the Avon West Town Center District Investment Plan, adopted in August of 2007. The adoption of this plan followed several years of research and public process during a time when Avon and the entirety of Eagle County were experiencing exceptional growth and development pressures. The plan was developed somewhat in response to that pressure and the resulting public and private revenues that came with it. Now, five years after its adoption, many of the 15 development assumptions that were reasonable at the time may no longer hold true. Partially in recognition of this fact and given that the Town has a variety of master planning documents that comprise its Comprehensive Plan that contain language that can be interpreted as “mandatory” rather than “advisory” in nature, in 2010 the Town adopted the Avon Development Code which contains the following policy statements contained within Section 7.04.090(b): Any language in the Comprehensive Plan document which states that any provision, guideline or policy is mandatory shall be subject to this Section. This Section shall apply and supersede any language contained in the Comprehensive Plan documents concerning interpretation and application of any Comprehensive Plan document. In all cases where compliance or consistency with the Comprehensive Plan is a criteria for review, the reviewing entity may determine that strict compliance with the Comprehensive Plan is not required under the following circumstances: 1.The development application is consistent with the general goals and intent of the Comprehensive Plan, taking into consideration the unique circumstances of the property, market conditions and the current needs of the community; 2.Strict compliance with multiple provisions of the Comprehensive Plan is not practical; and 3.The procedures for amending the Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, updating the Comprehensive Plan or adopting or clarifying the precedence of a decision. Therefore, the Avon Comprehensive Plan, including the West Town Center Plan, is advisory in nature despite statements and direction provided in the document to the contrary. 1. Avon Comprehensive Plan The Avon Comprehensive Plan includes discussion regarding the West Town Center and includes the following language: District 1: West Town Center District 16 The role of the West Town Center District is to serve as the heart of the community. Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full-time residents, part-time residents, and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed use, pedestrian- oriented area that serves as the primary focus for residential and lodging development within the overall Town Center. Currently, this district provides a diversity of land uses in vertically mixed-use buildings. Uses include retail, office, residential, government services, civic facilities, and parks loosely grouped around a 50-foot pedestrian mall right-of-way. The final sentence and the graphic make it clear that the policies were directed toward Main Street and the “50-foot pedestrian mall right-of-way.” The proposed Wyndham project is consistent with the Avon Comprehensive Plan as the project seeks common ground between full-time residents, part-time residents, and destination guests by providing adding to the diversity of retail opportunities found in Avon. 2. Avon West Town Center District Investment Plan Following the adoption of the Avon Comprehensive Plan in 2006, the Avon West Town Center District Investment Plan was adopted in 2007, specifically providing guidance to development in the West Town Center area, as indicated on the map below: Section B. District-Wide Guidelines, provides the general recommendations for the Town Center District. It states the following with regards for overall objectives: •To make the Town Center and Main Street a focal point of the community. •To utilize the principles of smart growth, urbanism, and sustainability to illustrate the value and opportunity for efficiency and sustainable design. •To create a fitting and genuine character for the community. •To create a safe, comfortable and convenient environment for pedestrians. 17 To further the objectives of this section, the Plan then lists more specific intent and guidelines. The following table summarizes the intent and guidelines and provides an analysis of the proposed WVR development. Intent Summary of Priority Guideline Wyndham Analysis B.1 Dense Development Establishes minimum and maximum FAR to encourage dense development The project meets the maximum FAR of 7:1 and the minimum FAR of 1.5:1. As proposed, the FAR is 3:1. B.2 Mixed-Use Development Establishes first floor uses as commercial with residential and office above When this concept was developed before the recession, there may have been market support for additional retail areas within the Main Street district but in today’s economic climate and given the great number of vacant retail store fronts, providing additional competition to existing retail and restaurant owners is not prudent especially since the space will likely sit vacant for a decade or more. This policy was developed when the Main Street was envisioned as a automobile and pedestrian street. Main Street is now being developed as a pedestrian only path which significantly reduces the viability of retail along this corridor. Finally, the West Town Center Plan assumed the development of a significant public parking structure to serve this Main Street corridor. Without this parking structure or the demand to fill it, any significant retail offering in this location will likely be unsuccessful. B.3 Jobs-Housing Balance Establishes recommendations for creating jobs with wages that match available housing choices This project will provide a wide variety of jobs with a wide variety of wages. The availability of adequate and affordable housing, post- recession, exists within the Town of Avon. B.4 Civic Art Establishes that civic art should be incorporated into infrastructure projects, and the need for gateways at appropriate locations to the Town Center The architecture of the proposed building will provide significance to this area as a gateway to Main Street. The Town’s plan for a public plaza and art installation on Main Street will also enhance the civic quality of this area. B.5 Character Misrepresentation and “Theme” Environments Discourages “theme” architecture (ie. Mining theme would be inappropriate for Avon) and encourages compatibility with adjacent properties. The proposed architecture is compatible with adjacent properties and is not theme oriented. B.6 Important Public Views Identifies important public view corridors for protection. The project is designed to preserve all primary views as indicated on the “Important Public Views” diagram. 18 Intent Summary of Priority Guideline Wyndham Analysis B.7 Solar Orientation and Shading Exposure Encourages sun exposure and the use of deciduous trees in public spaces. The site planning and landscape planning for the site encourages sun exposure. B.8 Water Resources Encourages management principles to reduce surface water pollution, prevent flooding, and conserve potable water A stormwater plan is included with the project. E.1 Sustainable Buildings A minimum of LEED “Certified” is required of all projects. The “Certified” rating is the lowest requirement LEED certification awarded. As stated above and in the Avon Development Code, this policy is not mandatory nor required. The applicant is not proposing to be a LEED Certified Building. E.2 Pedestrian Access Pedestrian access must be visually and functionally clear. Winter conditions should be taken into consideration. Pedestrian access has been designed to meet this guideline allowing clear and easy pedestrian access to this building. The proposed plan incorporates the Town’s proposed plans for the redevelopment of Main Street and Lettuce Shed Lane and provides enhancements to those pedestrian-way plans. E.3 First Floors Ground levels of buildings shall be pedestrian friendly in scale, expression, and use of materials. The project is being proposed as a five story building. The first floor is being articulated and designed to a pedestrian scale. Main Street is a very wide corridor of 50’ or more of separation of buildings. The width of this corridor naturally reduces the impact of bulk and scale of the buildings that are adjacent. The materials being used on the first floor are generally glass and stone to provide a rich and high quality feel to the pedestrian. E.4 Building Articulation Articulation shall be provided along facades visible from streets and residential areas. The building has been designed to provide articulation along the visible streets and residential areas. E.5 Rooftops Buildings with flat roofs are allowed but must use other devices to create a prominent edge when viewed against the sky. The building has been designed with a sloping roof form to achieve a prominent edge when viewed against the sky. E.6 On-Site Parking Pedestrian connections must be provided between parking lots, and parking lots shall be screened. Pedestrian connections have been provided as well as significant landscape screening. E.7 Automobile Access Primary auto access must be off Benchmark Road or East Beaver Creek Boulevard. Automobile access is provided off of Benchmark Road. 19 Intent Summary of Priority Guideline Wyndham Analysis E.8 Materials and Construction Buildings should utilize muted colors. Building facades and the veneer of the columns shall be made of stone, brick, metal, or other. Stucco and drivit are prohibited. No stucco is used on the first floor areas of the building. It should be noted that these statements are advisory and not mandatory in nature. Stone veneer is being used extensively on the exterior of the building. E.9 Energy Conservation Alternative energy sources are recommended for public structures, and private development is encouraged to tap into city-operated alternative energy sources. The applicant will be discussing the ability to tap into the Town’s heat recovery system for many public and provide areas onsite. E.10 General Sign Requirements Signs must be externally illuminated. Refer to Town’s Sign Code. Signs will be submitted at a later date, but will be designed to meet the Town’s sign code. E.12 Allowable Sign Types Wall-mounted, window signs, awning signs, vertical blade sign Signs will be submitted at a later date, but will be designed to meet the Town’s sign code. E.13 Sign Allowance Refer to Avon Sign Code Signs will be submitted at a later date, but will be designed to meet the Town’s sign code. Finally, the Avon West Town Center District Investment Plan, provides specific recommendations for Lot 61. Some of the recommendations of the plan are based on the previously approved PUD and may no longer be valid. The Plan recognizes the importance of Lot 61, stating on pg. 67: Lot 61 is an integral piece of the Town Center streetscape. It forms a major gateway to Main Street. As the centerpiece to the views of Main Street from Avon Road, the northeast corner of the building must be designed in the character desirable for the entire Town Center. Lettuce Shed Lane becomes an extremely important access portal to the Main Street, entering from the gondola and the transit center. This portal must visually and functionally provide a link for pedestrians. Finally, the Avon Station is located directly south of this site. Transit centers are often viewed as a liability to an area because of the bus traffic and occasional crowds of people. This view is incredibly short-sighted. This vitality ensures transit hubs in major cities around the world become the true “town centers” because of the vitality and consistent stream of pedestrians. Main Street will have the opportunity to be the primary pedestrian activity area for the entire redevelopment. However, this corridor runs east to west with larger existing and proposed buildings surrounding it. A concern is that without careful building design, the Main Street could result in an unpleasant pedestrian environment that is overshadowed, cold and uninviting. It is the intent to create the very best possible pedestrian street environments surrounding Lot 61, without compromising the value of the redevelopment. 20 To further the objectives of this section, the Plan then lists more specific design principles and priority guidelines. The following table summarizes these and provides an analysis of the proposed WVR development. Design Principle Wyndham Analysis Access and circulation will play an important urban design role in the build out of Lot 61. Lot 61 is surrounded by streets, two of which are primarily pedestrian- oriented. The intent of Main Street is to provide a pedestrian-oriented street, where automobiles are subservient to pedestrians. Lettuce Shed Lane is identified as a pedestrian- only corridor with emergency access. In pedestrian-oriented areas, automobile and service access is minimized. WVR has been design to reflect this principle. No automobiles are proposed on Main Street and Lettuce Shed Lane has been designed for emergency access and for trash service only for the building. The intent is to maintain both these streets as pedestrian-oriented consistent with the Town’s 2012 adopted plan for these pedestrian streets. The intent is to provide a transit center station within the building at the southwest corner of Lot 61. This interior space should be incorporated into the development and considered at the time of land use and building permit approvals. No transit center is proposed with the project as it was developed by the Town across the street from Lot 61. A transit enclosure exists within the 20 ft. easement provided by Lot 61 to the Town. Two significant exactions of land have already occurred on this lot. The northwest corner treatment of the Lot 61 building shall act as an urban design focal point for those traveling eastward along Main Street and those traveling from within internal spaces of Avon Center. The intent is that the architecture will be an iconic entrance to the retail space within. The northwest corner has been designed as a landscaped plaza area, with the architecture of this corner acting as a focal point. The corner of the building is clipped at a 45 degree angle to create interest in the architecture to open this intersection of Main Street and Lettuce Shed Lane, creating more light and air. The northeast corner of Lot 61 provides an opportunity to accentuate the gateway and starting point of Main Street. High quality architectural design is required in this area. The Lot 61 building shall be granted an easement and be permitted to extend into the right-of-way as long as the design guidelines are met. The building is located entirely within the property boundaries and therefore no easement is necessary. The proposed architecture is of high quality. The Town Main Street Plan implements this gateway and starting point as shown in its 2012 adopted plan. An arcade has been considered in the urban design plan that extends 10 feet into the Lettuce Shed Lane right-of-way. This should provide an attractive retail environment that is protected from weather. An easement shall be provided to allow for this 10 foot encroachment provided the guidelines are met. No arcade is proposed and therefore no encroachment is necessary. 21 Design Principle Wyndham Analysis A 20 foot wide ground floor easement has been incorporated in the urban design plan on the southern property line of Lot 61, referred to as Benchmark Road arcade. This arcade should provide a covered pedestrian space for transit loading/unloading as well as additional access to the proposed transit center station. The upper floors of the building are allowed to cantilever over the 20 foot easement, thus creating an arcade. Lot 61 has already granted a 20 ft. transit center easement and the transit facility has already been developed by the Town. No cantilever of the building is proposed. All plazas shall receive the majority of the sun. The intent is to create a hierarchy of sun pockets. The northern side of the street shall receive sun, as well, over varied times of the day. Important north to south connections, such as Lettuce Shed Lane, also need sun exposure during varied times of the day. Recognizing that Main Street is an east/west corridor, it is impossible to allow for sun on the southern side of the street and still allow for density. The building has been oriented recognizing the effects of sun and shade on public plazas. Lettuce Shed Lane remains unencumbered by structures and therefore allows sun into the Main Street area. The northern terminus of Lettuce Shed Lane is the Lettuce Shed Plaza. It is envisioned to offer a variety of activity for all ages and capture sun throughout the day. The architecture and land uses surrounding this gathering space will be instrumental in its success. The orientation of the building at this important terminus of Lettuce Shed Lane is intended to ensure the success of the Town’s plaza at this location. The corner of the building in this area was clipped 45 degrees to further open the plaza. In addition, the landscaping on the WVR property is designed to make this plaza a focal point. Sun spaces are shown in diagram F.2. The Primary Sun Spaces are to have sun exposure at 10:00 am, 12:00 pm, and 2:00 pm on the shortest day of the year (Winter Solstice). Secondary Sun Spaces may be in shade during only one of these hours. As is evident in the site plan, WVR has been designed similar to the layout provided in diagram F.2, which will maximize sun exposure. Also, the original design of Lot 61 was a much taller building at 105 ft. The proposed building now meets the 80 ft. requirement, minimizing the impacts on sun/shade. Priority Gui idelines Supporting elements such as columns must be proportional to the mass above. Any supporting elements have been designed to be proportional to the mass of the building. The minimum frontage for the Transit Center facing Lettuce Shed Lane and the Avon Station area shall be 15 feet of each facade. No transit center is proposed within the project as it has been developed on the opposite side of the street. The ground floor façade must be attractive for those waiting for transit. The ground floor facade is high-quality materials with details that are attractive for those waiting for transit. 22 Design Principle Wyndham Analysis Lighting inside the arcades shall be incorporated into the design. No arcade is proposed. The pavement pattern inside the arcades shall be compatible with the public space while creating a seamless pedestrian environment. No arcade is proposed. Avon Station shall be incorporated into the southern arcade. The signs shall be clearly visible from inside the arcade transit shelter and Lettuce Shed Lane. No arcade is proposed and the Town already constructed a transit center on the opposite side of the street. If second floor extension into public property is granted; the developer shall provide heat lamps in the arcade. No second floor extension into public property is proposed. Below are diagrams from the Plan which indicate general site planning principles for the site. These principles have been included in the site planning for WVR. G. Zoning Map Amendment The property is currently not zoned due to the expiration of the previous PUD in 2009. As a result, the applicant is requesting the property be zoned Town Center. Prior to the PUD approval, the property was zoned Town Center. Section 7.16.050 Zoning Amendments of the Town of Avon Development Code provides the criteria for review for any zoning amendment. The Planning and Zoning Commission reviews the amendment and provides a recommendation to the Town Council, who then renders the final decision. The criteria for review of a zoning amendment, along with an analysis, are provided below: (1)Evidence of substantial compliance with the purpose of the Development Code; Applicant Response: The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: 23 The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, 24 eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p)Promote the health, safety and welfare of the Avon community. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with the purpose of the Development Code. (2)Consistency with the Avon Comprehensive Plan; Applicant Response: A complete analysis of the projects consistency with the Avon Comprehensive Plan and the West Town Center Plan, an element thereof, is provided in Section F of this submittal. As proposed, the project is consistent with the goals and objectives of the Avon Comprehensive Plan. (3)Physical suitability of the land for the proposed development or subdivision; Applicant Response: The site is currently vacant, substantially flat, and surrounded by existing mixed-use development. The site is suitable for development under the Town Center zone district. (4)Compatibility with surrounding land uses; Applicant Response: Surrounding properties include the Seasons Building to the west, Avon Transit Uses to the south, the Avon Town Square Center (i.e. Slifer Smith and Frampton Center) to the east, and the Avon Center Building to the north. Other than the transit uses, these properties are also zoned Town Center. Generally, 25 all these buildings are mixed use, similar to the proposal. As a result, the uses allowed by the Town Center zone district are compatible with surrounding land uses. (5)Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Applicant Response: The proposed zoning to Town Center is justified by the goals of the Town of Avon as evidenced by the plan for Main Street. Town Center is the appropriate zoning designation based on the character of the Main Street area and given that it was the zoning of the property prior to the PUD approval in 2004. (6)Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Applicant Response: Ability to Serve letters from all the various utility companies have been provided. As currently proposed, the development on this site is substantially less than was approved in 2004. The previously approved PUD allowed for over 280,000 sq. ft. of commercial and residential uses. The current proposal is less than half of that, with only 107,202 sq. ft. of gross floor area. As a result, there are adequate facilities to serve the development under Town Center zoning. Water rights dedication fees will be paid to the water authority for any density in excess of the current vesting for the property. (7)Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Applicant Response: The purpose of the Town Center zone district is as follows: The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use Plan. The proposed Wyndham project will consist of 58 timeshare units, a small retail shop, and associated hotel functions. This mixed-use project is consistent with the purpose of the Town Center zone district. (8)That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated; Applicant Response: Because the property is a vacant lot surrounded by properties which have been developed for years, there are little impacts to the natural 26 environment. A Stormwater Management Plan has been submitted with this application and there are no impacts to wildlife and vegetation. (9)That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Applicant Response: Surrounding properties are zoned Town Center or PUD and are of similar mixed-use development as is proposed at this site. There are no adverse impacts to properties in the vicinity. (10)For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and Applicant Response: Not applicable. (11)Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Applicant Response: The proposed zoning will result in a project with lesser intensity of land use than approved in the 2004 PUD. There will be less demand on public facilities and infrastructure than previously approved. H. Development Plan Section 7.16.080 Development Plan of the Avon Development Code provides the review criteria for a development plan. In the Town Center zone district the Town Council renders the final decision upon recommendation by the Planning and Zoning Commission. The following section provides the review criteria for a development plan along with an analysis of the project using these criteria: (1)Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes; Applicant Response: The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall 27 conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, 28 reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p)Promote the health, safety and welfare of the Avon community. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with the purpose of the Development Code. (2)Evidence of substantial compliance with Section 7.16.090, Design Review. Applicant Response: Section 7.16.090, Design Review, provides the specific purposes of design review, and state: (1)To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms; (2)To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structure and that there shall be conformance to the Comprehensive Plan of the Town; (3)To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and (4)To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with the purpose of the design review. Furthermore, this section provides review criteria for recommendations and decisions on design review, which are: 29 (1)The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2)The design meets the development and design standards established in this Development Code; and (3)The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with these criteria for design review. (3)Consistency with the Avon Comprehensive Plan; Applicant Response: A complete analysis of the project’s consistency with the Avon Comprehensive Plan and the West Town Center Plan, an element thereof, is provided in Section F of this submittal. As proposed, the project is consistent with the goals and objectives of the Avon Comprehensive Plan. (4)Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable; Applicant Response: Any development approved by the 2004 PUD have since expired. The subdivision plat which was recorded with the PUD approval remains valid, and all established easements and rights-of-way of the plat are respected. (5)Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards; and Applicant Response: Section E of this submittal provides an analysis of the project’s compliance with the above-referenced sections of the Avon Development Code. In cases where the project does not meet standards, alternative equivalence compliance requests have been included. As a result, the project is in compliance with the standards of the Avon Development Code. (6)That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection and emergency medical services. Applicant Response: Ability to Serve letters from all the various utility companies have been provided. As currently proposed, the development on this site is substantially less than was approved in 2004. The previously approved PUD allowed for over 280,000 sq. ft. of commercial and residential uses. The current proposal is less than half of that, with only 107,202 sq. ft. of gross floor area. As a result, there are adequate facilities to serve the development under Town Center zoning. 30 Water rights dedication fees will be paid to the water authority for any density in excess of the current vesting for the property. I. Alternative Equivalence Compliance Alternative equivalent compliance (AEC) is a procedure that allows development to meet the intent of the design-related provisions of this Chapter through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. The applicant is requesting the AEC for the following items: Provision for first floor retail, personal service, and restaurants on the street level for of a building located on Benchmark Road, Lettuce Shed Lane, and Main Street; ! Related to the provision above, the design standard is the spacing of commercial entrances and glazing requirements; and Provision for an 8' building stepback for primary walls between 12 ft. and 45 ft. in height. Section 7.16.120 Alternative Equivalent Compliance provides the review criteria for an alternative equivalent compliance application: (1)The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Applicant Analysis: First Floor Retail/Glazing - The concept and later the design standard requiring that the first floor of essentially every building in the Town Center be developed with retail uses no longer recognizes the lack of demand for retail space or the change in economic conditions, particularly in the core of Avon. !In a robust economy with significant demand for these types of uses, this type of provision would make sense and property owners would respond to this demand. ! This area of town has significant vacancies on the ground floor especially along the Main Street corridor. !Introducing additional retail uses will only exacerbate the problem and largely ensure that the space will be vacant or that the operator will 31 have to significantly subsidize rents to attract occupants (an operating loss for the property owner). !When this policy was developed Main Street was envisioned as an automotive street shared with pedestrians. !Before the recession an automobile- oriented street may have allowed retail and other commercial pursuits to be successful in this area but now that the street is being developed as a pedestrian only path, the amount of consumer traffic and the accessibility is significantly reduced, thus making retail uses much less viable. !Additionally, a public parking structure was to be constructed at the west end of Main Street feeding skiers and shoppers into the core. !This parking structure has not been developed and could be decades away from completion. ! In recognition of the changing economy and local conditions, the applicant is proposing a timeshare lodge product that will include typical lodge uses and amenities on the first floor (reception, lobby, spa amenities, fitness ,etc.) along with one retail space positioned on the property in the most likely position for success. ! The timeshare use will help achieve the other primary goal of the town which is to added guests and density within the core of the Town. !These new guests will act to activate existing businesses in the area (Bob's Place, Ticino, China Garden, Avon Liquor, etc.) and help great a market to fill vacant spaces in the Season's Building and Sheraton annex building. !The retail space is provided on the south side of the building fronting directly on the Avon Transit Center. !The space has great solar access as well as frontage to an area where pedestrians are ever-present. ! The quality of the materials on the first floor (largely stone), the extensive area of the commercial oriented glazing, and the provision of landscape and public plaza space will provide a quality aesthetic to the pedestrian street. Building Stepback - The intent of the 8 ft. building stepback provision is to ensure that the building is scaled appropriately to adjacent pedestrian areas. !The provision is prescriptive and primarily aimed at tall buildings (like the 105 ft. tall previously-approved building) and does not recognize other factors that affect building scale. !In consideration of the height of the building in a pedestrian context, it is important to consider its location relative to the edge of the pedestrian path and the entire width of the corridor (building face to building face on either side of the corridor). !Both Main Street and Lettuce Shed Lane are very wide corridors lending themselves to taller buildings on either side in hopes of providing the kind of enclosure that is needed to make the spaces feel more intimate. !In the case of Lot 61, making the space more intimate is more important than responding to a uniform concept of building stepbacks. ! (2)The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; Applicant Analysis: A complete analysis of the projects consistency with the Avon Comprehensive Plan and the West Town Center Plan, an element thereof, is provided in Section F of this submittal. As proposed, the project is consistent with 32 the goals and objectives of the Avon Comprehensive Plan and the proposal achieves the goals and policies of the Avon Comprehensive Plan. (3)The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Applicant Analysis: The proposed plan will create viable and reasonable uses on the first floor and will better respond to the underlying goal of the standard: to generate public and private revenues and create a vibrant street. The proposed project also provides high quality and varying building materials on the entire facade of the building, provides extensive balconies throughout the extents of walls and at the second story helping to provide a pedestrian scale, a provision of a color scheme that softens the building, and building setbacks from the actual pedestrian path that help reduce the perceived massing. (4)The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. Applicant Analysis: Due to the high quality of the proposed project, there is no greater impact on adjacent properties. In fact, the construction of these 58 Presidential-level unit timeshares will benefit the surrounding uses, as owners will shop, dine, and use the services provided in the businesses surrounding the area. 33 J. Adjacents ALPINE AVON BUILDING CO LLC PO BOX 10000 GLENWOOD SPRINGS, CO 81602 AVON 56 LTD TAX ACCOUNTING US BANK 2800 E LAKE ST MINNEAPOLIS, MN 55406 AVON TOWN SQUARE COMMERCIAL CONDOMINIUM ASSOCIATION, INC. GARY L. ATKINSON PO BOX 2816, AVON, CO 81620 THE SEASONS AT AVON COMMERCIAL CONDOMINIUM ASSOCIATION SALLY CAPLES PO BOX 915, AVON, CO 81620 THE SEASONS AT AVON RESIDENTIAL CONDOMINIUM ASSOCIATION SALLY CAPLES PO BOX 915, AVON, CO 81620 TOWN OF AVON PO BOX 975 AVON, CO 81620 EAST WEST RESORT DEVELOPMENT XIV LP LLLP DRAWER 2770 AVON, CO 81620 RIVERFRONT MOUNTAIN VILLAS CONDOMINIUM ASSOC INC 9002 SAN MARCO CT ORLANDO, FL 32819 RIVERFRONT VILLAGE HOTEL LLC DRAWER 2770 AVON, CO 81620 RIVERFRONT RESORT & SPA OWNERS' ASSOCIATION EAST WEST RESORTS PO BOX 5480, AVON, CO 81620 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819 34 AVON CENTER AT BEAVER CREEK - I HOMEOWNERS ASSOCIATION MICHAEL J REPUCCI C/O VAIL MANAGEMENT CO P.O. BOX 6130, AVON, CO 81620 AVON CENTER AT BEAVER CREEK RESIDENTIAL CONDOMINIUMS-I, LTD. DONALD BUICK P.O. BOX 25, AVON, CO 81620 AVON CENTER @ BEAVER CREEK PO BOX 964 AVON, CO 81620-0964 TOWN OF AVON PO BOX 975 AVON, CO 81620 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819 MOUNTAIN VISTA RESORT SUBDIVISION MASTER ASSOCIATION, INC. BOX 3997 AVON, CO 81620 MOUNTAIN VISTA RESORT SUBDIVISION MASTER ASSOCIATION, INC. 9002 SAN MARCO COURT, ORLANDO, FL 32819 MOUNTAIN VISTA CONDOMINIUM ASSOC INC 9002 SAN MARCO CT ORLANDO, FL 32819 MOUNTAIN VISTA CONDOMINIUM ASSOCIATION, INC. P.O. BOX 22197, LAKE BUENA VISTA, FL 32830-2197 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819 35 K. Appendices Application Forms TItle Report Ability to Serve Letters and Easement Vacation Letters Traffic Report 36 First American Title Insurance Company 1160 N. Town Center Drive, Suite 190 Las Vegas, Nevada 89144 Phn – (702) 792-6863 Fax – (702) 562-9760 First American September 7, 2012 File No. 1180-2812731 Wyndham Vacation Resorts, Inc. 8427 SouthPark Circle, 5th floor Orlando, FL 32819 RE: Application of Wyndham Vacation Resorts, Inc., a Delaware corporation Ladies and Gentleman: With respect to the application of Wyndham Vacation Resorts, Inc., a Delaware corporation for project registration, title to the real property comprising of Benchmark at Beaver Creek according to the Final Plat thereof, as recorded in the Official Records of Eagle County, Colorado, and all amendments thereto has been searched through the dated date of the attached report. Our title search reflects that Wyndham Vacation Resorts, Inc., a Delaware corporation, is the owner of the fee simple title with exception to those interests previously conveyed and is subject to the matters disclosed on the attached report. This report is a search limited to the Official Records of Eagle County, Colorado. The foregoing report accurately reflects matters recorded and indexed in the aforementioned official records, affecting title to the property described therein. Liability for any incorrect information contained in this report is limited to (1) the person or entity to whom the report is furnished and (2) the amount charged for this report. This report is not an opinion of title, title insurance, warranty of title or any other assurances as to the status of title and shall not be used for the purpose of issuing title insurance. Please do not hesitate to contact us if we can answer any questions or furnish any additional information you may need. _______________________ Anthony Smith, Title Officer Order Number: 1180-2812731 Page Number: 1 First American Title Insurance Company DRE Report First American Title Insurance Company Vacation Ownership Services 1160 N. Town Center Drive, Suite 190 Las Vegas, NV 89144 Erika Boyette Wyndham Vacation Resorts, Inc. 8427 SouthPark Circle, 5th Floor Orlando, FL 32819-9058 Title Officer: Anthony Smith Phone: (702) 792-6863 Fax No.: (702) 562-9760 E-Mail: tonsmith@firstam.com Owner: Wyndham Vacation Resorts, Inc., a Delaware corporation Property: Benchmark at Beaver Creek, 75 Benchmark Road, Avon, CO 81620 PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deducti ble Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Order Number: 1180-2812731 Page Number: 2 First American Title Insurance Company Dated as of August 31, 2012 at 7:30 A.M. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Wyndham Vacation Resorts, Inc., a Delaware corporation f/k/a Fairfield Resorts, Inc., a Delaware corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Taxes and assessments for the year 2012 and subsequent years, a lien not yet due or payable. Assessor Parcel Number(s): 2105-122-03-026 2. (a) The subject real property may be located in a special taxing district; (b) A certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer’s authorized agent; (c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. 3. The land lies within the boundaries of the Town of Avon Town Center Mall Improvement District, as disclosed by Corporate Affidavit of Waiver and Consent to Inclusion, recorded September 24, 1981 in Book 329, Page 338 as Reception No. 225698 of Official Records. 4. The land lies within the boundaries of the Avon Metropolitan District, as disclosed by Order of Inclusion, recorded March 25, 1982 in Book 338, Page 213 as Reception No. 234564 of Official Records. 5. The right of way for ditches or canals and the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved by the United States of America in the patent recorded September 26, 1941 in Book 128, Page 122 as Reception No. 68675 of Official Records. 6. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, Order Number: 1180-2812731 Page Number: 3 First American Title Insurance Company "Plat of Benchmark at Beaver Creek Subdivision Amendment No. 4," recorded September 5, 1978 in Book 274, Page 701 as Reception No. 171107 of Official Records. 7. The terms and provisions contained in the document entitled, "Deed," recorded June 29, 1979 in Book 287, Page 548 as Reception No. 183950 of Official Records. 8. The terms and provisions contained in the document entitled, "Deed" recorded June 29, 1979 in Book 287, Page 551 as Reception No. 183953 of Official Records. 9. The terms and provisions contained in the document entitled, "Town of Avon Ordinance No. 83- 37 (Mall District Assessment Ordinance)," executed by the Town of Avon, recorded April 18, 1985 in Book 411, Page 636 as Reception No. 307914 of Official Records. 10. The terms and provisions contained in the document entitled, "Restatement of and Sixth Amendment to Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision,"" executed by Landowners’ Committee of the Benchmark at Beaver Creek Subdivision, recorded April 23, 1985 in Book 411, Page 960 as Reception No. 308238 of Official Records. • The above instrument was modified by document entitled, "Amendment to Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision," recorded February 7, 1990 in Book 522, Page 721 as Reception No. 418888 of Official Records. 11. The terms and provisions contained in the document entitled, "Mall Agreement," executed by and between Avon Center at Beaver Creek, the Town of Avon, Hal Construction, Peregrine Properties Limited, Marcos M. Suarez and Timberline Properties Corp., recorded October 15, 1986 in Book 450, Page 552 as Reception No. 346791 of Official Records. 12. The terms and provisions contained in the document entitled, "Town of Avon - Ordinance No. 99- 16 (Series of 1999)," executed by the Town of Avon, Colorado, recorded November 12, 1999 as Reception No. 714513 of Official Records. • The above instrument was modified by document entitled, "Town of Avon - Ordinance No. 02-17 (Series of 2002)," recorded July 31, 2002 as Reception No. 803021 of Official Records. 13. The terms and provisions contained in the document entitled, "Town of Avon - Ordinance No. 04- 01 (Series of 2004)," executed by the Town of Avon, a municipal corporation of the State of Colorado, recorded February 23, 2004 as Reception No. 868660 of Official Records. 14. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, "Lot 61, Block 2, Benchmark at Beaver Creek Amendment No. 4, Avon, Colorado," recorded February 23, 2004 as Reception No. 868661 of Official Records. 15. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, "Final Plat - A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado," recorded February 23, 2004 as Reception No. 868662 of Official Records. Order Number: 1180-2812731 Page Number: 4 First American Title Insurance Company 16. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, "A Final Plat - A Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado," recorded February 23, 2004 as Reception No. 868663 of Official Records. 17. The terms and provisions contained in the document entitled, "Deed of Easement," executed by and between Wyndham Vacation Resorts, Inc. f/k/a Fairfield Resorts, Inc. and the Town of Avon, recorded April 13, 2007 as Reception No. 200709655 of Official Records. 18. The terms and provisions contained in the document entitled, "Town of Avon, Colorado, Resolution No. 08-35 (Series of 2008)," executed by Town Council of the Town of Avon, recorded October 24, 2008 as Reception No. 200822977 of Official Records. 19. Any and all rights, claims, demands, actions and causes of actions of the parties, both plaintiff and defendants in Civil Action No. 04CV151, in the District Court in and for Eagle County, Colorado, entitled Avon Center at Beaver Creek-I Homeowners Association, Inc. ("Plaintiff") vs. Town of Avon, Town of Avon Town Council and IDG 3, LLC (collectively "Defendants"). 20. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. • For purposes of policy issuance, the following items, if any, may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer: NONE Order Number: 1180-2812731 Page Number: 5 First American Title Insurance Company INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Order Number: 1180-2812731 Page Number: 6 First American Title Insurance Company LEGAL DESCRIPTION Real property in the City of Avon, County of Eagle, State of Colorado, described as follows: Lot 1, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, according to the Plat thereof filed February 23, 2004 at Reception No. 868663, County of Eagle, State of Colorado. Order Number: 1180-2812731 Page Number: 7 First American Title Insurance Company The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Order Number: 1180-2812731 Page Number: 8 First American Title Insurance Company CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys’ fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys’ fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Order Number: 1180-2812731 Page Number: 9 First American Title Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of: Order Number: 1180-2812731 Page Number: 10 First American Title Insurance Company 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of: Order Number: 1180-2812731 Page Number: 11 First American Title Insurance Company 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. XcelEner y Post Office Box 1819 200 West 6th Street Silverthorne, Colorado 80498 September 3, 2012 Marcin Engineering, LLC Attn: Paul Anderson Post Office Box 1062 Avon, CO 81620 Re: Will serve letter for Lot 61-Avon Wyndham Dear Mr. Anderson, In accordance with our tariffs filed with and approved by the Colorado Public Utilities Commission, Gas facilities can be made available to serve your project at the Lot 61 -Avon Wyndham Service will be provided after engineering is completed, payment is received, any easements are signed and construction can be completed. We will have better information available after design has been completed as to a scheduled in- service date. If I can be of further assistance, please contact me at 970-262-4024 Sincerely, Ka~thryn Bogert / Planner Design Department / Mountain Division 3799 HIGHWAY 82·P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491·FAX (970) 945-4081 A Touchstone Energy® Cooperative October 30, 2012 Brad Stempihar E.I. MARCIN ENGINEERING, LLC 101 Eagle Rd. #5 PO Box 1062 Avon, CO 81620 RE: Avon Wyndham Hotel - Lot 61, Benchmark Dear Brad: As requested, we have reviewed the above referenced development and determined that the platted lot line utility easements, highlighted in yellow on the attached sketch, are not planned for use by Holy Cross Energy and can be vacated. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom Engineer (970) 947-5425 direct line jvroom@holycross.com JPV: Electronic W/O#09-21718:50-67:Avon Wyndham Hotel - Lot 61, Benchmark 3799 HIGHWAY 82·P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491·FAX (970) 945-4081 A Touchstone Energy® Cooperative September 20, 2012 Fairfield Resorts, Inc C/O: Marcin Engineering, LLC ATTN: Mr. Brad Stempihar E.I. 101 Eagle Rd. #5 PO Box 1062 Avon, CO 81620 RE: Avon - Lot 61 - Avon Wyndham Dear Brad: The above mentioned development is within the certified service area of Holy Cross Energy. Holy Cross Energy has adequate power supply to provide electric power to the development, subject to tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Additionally, due to current economic conditions, Holy Cross Energy is not stocking the quantity of construction materials as in past years. If your project is slated for construction this year, please advise us as soon as possible. You will need to enter into agreements with Holy Cross Energy, and pay for the project, sufficiently in advance of construction to avoid possible delays while materials are procured. The currently estimated lead time for procurement of materials is around 12 weeks. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom Engineer (970) 947-5425 direct line jvroom@holycross.com JPV: Electronic 50-67:Avon - Lot 61 - Avon Wyndham Traffic Impact Study Avon Wyndham Prepared for: OZ ARCHITECTURE © Kimley-Horn and Associates, Inc. 2012 Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page i TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................ i APPENDICES ............................................................................................................................ i LIST OF TABLES ..................................................................................................................... ii LIST OF FIGURES ................................................................................................................... ii 1.0 EXECUTIVE SUMMARY ...................................................................................................1 2.0 INTRODUCTION .................................................................................................................3 3.0 EXISTING AND FUTURE CONDITIONS ..........................................................................5 3.1 Existing Site Conditions and Surrounding Area ...................................................................... 5 3.2 Existing Roadway Network ....................................................................................................... 5 3.3 Existing Traffic Volumes ............................................................................................................ 5 3.4 Unspecified Development Traffic Growth ................................................................................ 8 4.0 PROJECT TRAFFIC CHARACTERISTICS ....................................................................... 10 4.1 Trip Generation ......................................................................................................................... 10 4.2 Trip Distribution and Traffic Assignment .............................................................................. 11 4.3 Background Plus Project (Total) Traffic .................................................................................. 11 5.0 TRAFFIC OPERATIONS ANALYSIS ............................................................................... 15 5.1 Analysis Methodology ............................................................................................................. 15 5.2 Key Intersection Operational Analysis.................................................................................... 16 6.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................... 19 APPENDICES Appendix A – Site Plan Appendix B – Intersection Count Sheet Appendix C – Trip Generation Worksheet Appendix D – Operational Analysis Worksheets Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page ii LIST OF TABLES Table 1 – Trip Generation for Avon Wyndham ............................................................................... 11 Table 2 – Level of Service Definitions ............................................................................................... 15 Table 3 – Benchmark Road & Project Access Intersection LOS Results ......................................... 17 LIST OF FIGURES Figure 1 – Vicinity Map ........................................................................................................................ 4 Figure 2 – Existing Lane Configuration and Control ......................................................................... 6 Figure 3 – Existing 2012 Traffic Volumes ........................................................................................... 7 Figure 4 – 2015 Background Traffic Volumes..................................................................................... 9 Figure 5 – Project Trip Distribution................................................................................................... 12 Figure 6 – Project Traffic Assignment ............................................................................................... 13 Figure 7 – 2015 Background Plus Project Traffic Volumes .............................................................. 14 Figure 8 – Recommended Lanes and Control .................................................................................. 18 Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 1 1.0 EXECUTIVE SUMMARY Avon Wyndham is proposed on an approximate one-acre site along the north side of Benchmark Road, approximately 350 feet west of Avon Road in Avon, Colorado. The project site, known as Lot 61, is currently vacant and includes a 50-foot wide dedicated Benchmark Court right-of-way on the western portion. Avon Wyndham is proposing a total of 58 residential timeshare condominium/townhome units for ownership. In addition, approximately 1,000 square feet of retail space will be provided. This retail space is anticipated to serve the residences at the Wyndham, the surrounding lodging guests and users of the adjacent transit facility. It is expected that the Avon Wyndham project will be completed within the next few years. Analysis was therefore completed for the 2015 design year build out horizon as requested by the Town of Avon. The purpose of this study is to identify project traffic generation characteristics, to identify potential project traffic related impacts on the local street system, and to develop mitigation measures required for identified impacts. The Town of Avon requested that the proposed access driveway intersection along Benchmark Road be evaluated within this study for the weekday morning and afternoon peak hours. Regional access to the site is anticipated to be provided by Interstate 70 (I-70). Primary access to the site is expected to be provided by Avon Road and Benchmark Road. Direct access to the project is proposed along Benchmark Road. The access location has been constructed with curb returns and it aligns with the access to White River Center along the south side of Benchmark Road. The access will provide full turning movements. Based on ITE equations and data, the proposed Avon Wyndham residential project is anticipated to generate 400 daily trips; of these trips, 33 are expected during the morning peak hour and 38 are expected during the afternoon peak hour. Distribution of site traffic to the project driveway along Benchmark Road was based on the area street system characteristics, existing traffic patterns, and the proposed access system for the project. Assignment of project Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 2 traffic was based upon the trip generation described previously and the distributions developed. Based on the analysis presented in this report, Kimley-Horn believes the proposed Avon Wyndham project will be incorporated into the existing roadway network with the following conclusions and recommendations: x It is recommended that the project driveway approach to Benchmark Road operates with stop control. A “STOP” (R1-1) sign shall be placed along this southbound approach in accordance with MUTCD guidelines and standards. x It is recommended that appropriate visibility exists for the access intersection along Benchmark Road in accordance with standards set by the Town of Avon and American Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets. Based on a 25 mile per hour speed limit, the required sight distance is 280 feet to the right (to exit and turn left) and 240 feet to the left (to exit and turn right). These distances are measured in the triangle, 15 feet behind the edge of Benchmark Road. x All on-site and off-site signing and striping improvements should be incorporated into the Civil Drawings, and conform to Town of Avon standards, as well as the Manual on Uniform Traffic Control Devices – 2009 Edition (MUTCD). Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 3 2.0 INTRODUCTION Avon Wyndham is proposed on an approximate one-acre site along the north side of Benchmark Road, approximately 350 feet west of Avon Road in Avon, Colorado. A vicinity map illustrating the project location is shown in Figure 1. The project site, known as Lot 61, is currently vacant and includes a 50-foot wide dedicated Benchmark Court right-of-way on the western portion. Avon Wyndham is proposing a total of 58 residential timeshare condominium/townhome units for ownership. In addition, approximately 1,000 square feet of retail space will be provided. This retail space is anticipated to serve the residences at the Wyndham, the surrounding lodging guests and users of the adjacent transit facility. The current site plan illustrating the development and access location is shown in Appendix A. It is expected that the Avon Wyndham project will be completed within the next few years. Analysis was therefore completed for the 2015 design year build out horizon as requested by the Town of Avon. The purpose of this study is to identify project traffic generation characteristics, to identify potential project traffic related impacts on the local street system, and to develop mitigation measures required for identified impacts. The Town of Avon requested that the proposed access driveway intersection along Benchmark Road be evaluated within this study for the weekday morning and afternoon peak hours. Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 5 3.0 EXISTING AND FUTURE CONDITIONS 3.1 Existing Site Conditions and Surrounding Area The existing site for the proposed Wyndham is currently vacant. The project site is bordered to the north by Avon Center, to the east by Benchmark Road, to the south by White River Center across Benchmark Road and the Town of Avon transit center, and to the west by The Seasons at Avon. White River Center to the south contains offices, a bank, and a ski shop. 3.2 Existing Roadway Network Avon Wyndham is proposed along the north side of Benchmark Road, approximately 350 feet west of Avon Road. Regional access to the site is anticipated to be provided by Interstate 70 (I- 70). Primary access to the site is expected to be provided by Avon Road and Benchmark Road. Direct access to the project is proposed along Benchmark Road. The access location has been constructed with curb returns and it aligns with the access to White River Center along the south side of Benchmark Road. The access will provide full turning movements. Benchmark Road is a paved, two-lane roadway striped with a double yellow centerline. The access intersection to the site along Benchmark Road is in alignment with a driveway along the south side of the street to White River Center. The driveway along the south side of the street provides enough width for one shared northbound left turn/right turn egress lane. The intersection lane configuration and control is shown in Figure 2. 3.3 Existing Traffic Volumes Existing peak hour turning movement counts were conducted at the study intersection of Benchmark Road with the existing access intersection on Wednesday, September 12, 2012 during the AM and PM peak hours. The counts were conducted during the weekday AM and PM peak hours of adjacent street traffic in 15-minute intervals from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. These turning movement counts are shown in Figure 3 with the count data sheet provided in Appendix B.              Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 8 3.4 Unspecified Development Traffic Growth In order to obtain traffic volumes for the 2015 project build out horizon year, future traffic volume projections were obtained from historical traffic growth information. The “Summer 2010 Traffic County Summary Report” prepared by TDA dated September 7, 2010, was used to determine traffic volume growth rates. The Town of Avon has recently seen increases in traffic. This study identified that traffic volumes are recently growing at an approximate annual rate of 4.8 percent. Based on this data, the existing traffic was grown at an annual growth rate of 4.8 percent for the morning and afternoon peak hours, which equates to a 3-year growth factor of 1.15. Background traffic volumes for 2015 are shown in Figure 4.              Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 10 4.0 PROJECT TRAFFIC CHARACTERISTICS 4.1 Trip Generation Avon Wyndham is proposed to include 58 residential timeshare condominium ownership units. In addition, approximately 1,000 square feet of retail space will be provided. This retail space is anticipated to serve the residences at the Wyndham, the surrounding lodging guests and users of the adjacent transit facility. Therefore, this retail is ancillary to the development and is anticipated to generate little to no addition vehicle traffic. Site-generated traffic estimates are determined through a process known as trip generation. Rates and equations are applied to the proposed land use to estimate traffic generated by the development during a specific time interval. The acknowledged source for trip generation rates is the Trip Generation Report1 published by the Institute of Transportation Engineers (ITE). ITE has established trip rates in nationwide studies of similar land uses. For this study, Kimley-Horn used the ITE Trip Generation Report regression equations that apply to Residential Condominium/Townhouse (230) for traffic associated with the development. Based on ITE equations and data, the proposed Avon Wyndham residential project is anticipated to generate 400 daily trips; of these trips, 33 are expected during the morning peak hour and 38 are expected during the afternoon peak hour.Table 1 summarizes the estimated trip generation for the proposed Avon Wyndham project. The trip generation worksheet is included in Appendix C. These calculations illustrate the equations used and directional distribution of trips. 1 Institute of Transportation Engineers,Trip Generation: An Information Report, Eighth Edition, Washington DC, 2008. Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 11 Table 1 – Trip Generation for Avon Wyndham Vehicle Trips Size (units) Weekday AM Peak Hour Weekday PM Peak Hour Land Use Daily In Out Total In Out Total Residential Condominium 58 400 6 27 33 25 13 38 4.2 Trip Distribution and Traffic Assignment Distribution of site traffic on the street system was based on the area street system characteristics, existing traffic patterns, and the proposed access system for the project. The directional distribution of traffic is a means to quantify the percentage of site-generated traffic that approaches the site from a given direction and departs the site back to the original source direction.Figure 5 illustrates the expected project trip distributions for the site. Traffic assignment at the access intersection along Benchmark Road was obtained by applying the distribution to the trip generation for the proposed Avon Wyndham project as shown in Table 1. Traffic assignment at the project access intersection along Benchmark Road is shown in Figure 6. 4.3 Background Plus Project (Total) Traffic Site traffic volumes were added to the background volumes to represent estimated traffic conditions for the 2015 horizon. These weekday background plus project (total) traffic volumes are illustrated for the 2015 horizon year in Figure 7.                                          PQ O K P C N PQ O K P C N Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 15 5.0 TRAFFIC OPERATIONS ANALYSIS Kimley-Horn’s analysis of traffic operations in the site vicinity was conducted to determine potential capacity deficiencies in the 2015 full build out project development horizon at the identified key access intersection along Benchmark Road. The acknowledged source for determining overall capacity is the current edition of the Highway Capacity Manual2. 5.1 Analysis Methodology Capacity analysis results are listed in terms of Level of Service (LOS). LOS is a qualitative term describing operating conditions a driver will experience while traveling on a particular street or highway during a specific time interval. It ranges from A (very little delay) to F (long delays and congestion). For intersections and roadways in this study area, Kimley-Horn recommends intersection LOS D as the minimum threshold for acceptable operations for movements from minor street approaches to unsignalized intersections.Table 2 shows the definition of level of service for unsignalized intersections. Table 2 – Level of Service Definitions Level of Service Unsignalized Intersection Average Total Delay (sec/veh) A d B >and d C >and d D >and d E >and d F > _______________ Definitions provided from the Highway Capacity Manual, Special Report 209, Transportation Research Board, 2000. 2 Transportation Research Board,Highway Capacity Manual, Special Report 209, Washington DC, 2000. Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 16 The project access driveway intersection with Benchmark Road was analyzed based on average total delay analysis for unsignalized intersections. Under this analysis, the level of service (LOS) for a two-way stop controlled intersection is determined by the computed or measured control delay and is defined for each minor movement. Level of service for a two-way stop- controlled intersection is not defined for the intersection as a whole. 5.2 Key Intersection Operational Analysis Calculations for the level of service at the Benchmark Road access intersection identified for study is provided in Appendix D. The existing analysis is based on the lane geometry and intersection control shown in Figure 2. The analysis was conducted using Synchro 7.0 Software providing the Highway Capacity Manual (HCM) results. Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 17 Benchmark Road & Project Access Utilizing the existing stop control in the northbound direction from the White River Center access approach, the intersection of Benchmark Road and the project access drive currently has all movements operating acceptably. The intersection is anticipated to continue to have all movements operating acceptably in the study horizon of 2015, with or without the addition of Avon Wyndham project traffic. It is recommended that the southbound project driveway approach to Benchmark Road operates with stop control. A “STOP” (R1-1) sign shall be placed along this approach in accordance with MUTCD guidelines and standards.Table 3 provides the results of the level of service at this intersection. Table 3 – Benchmark Road & Project Access Intersection LOS Results AM Peak Hour PM Peak Hour SCENARIO Delay (sec/veh)LOS Delay (sec/veh)LOS 2012 Existing Westbound Approach Northbound Approach 3.3 9.0 A A 1.4 9.3 A A 2015 Background Westbound Approach Northbound Approach 3.3 10.1 A B 1.5 9.4 A A 2015 Total Eastbound Approach Westbound Approach Northbound Approach Southbound Approach 0.1 3.2 10.3 11.7 A A B B 0.3 1.3 9.5 11.5 A A A B It is recommended that appropriate visibility exists for the access intersection along Benchmark Road in accordance with standards set by the Town of Avon and American Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets. Based on a 25 mile per hour speed limit, the required sight distance is 280 feet to the right (to exit and turn left) and 240 feet to the left (to exit and turn right). These distances are measured in the triangle, 15 feet behind the edge of Benchmark Road. Based on the operational analysis, the recommended lane configurations and control is shown in Figure 8. Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham Page 19 6.0 CONCLUSIONS AND RECOMMENDATIONS Based on the analysis presented in this report, Kimley-Horn believes the proposed Avon Wyndham project will be incorporated into the existing roadway network with the following conclusions and recommendations: x It is recommended that the project driveway approach to Benchmark Road operates with stop control. A “STOP” (R1-1) sign shall be placed along this southbound approach in accordance with MUTCD guidelines and standards. x It is recommended that appropriate visibility exists for the access intersection along Benchmark Road in accordance with standards set by the Town of Avon and American Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets. Based on a 25 mile per hour speed limit, the required sight distance is 280 feet to the right (to exit and turn left) and 240 feet to the left (to exit and turn right). These distances are measured in the triangle, 15 feet behind the edge of Benchmark Road. x All on-site and off-site signing and striping improvements should be incorporated into the Civil Drawings, and conform to Town of Avon standards, as well as the Manual on Uniform Traffic Control Devices – 2009 Edition (MUTCD). Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham APPENDICES Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham APPENDIX A Site Plan Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham APPENDIX B Intersection Count Sheet Intersection:Benchmark Road at White River Center Date 9/12/2012 Weather Hour Start Time Through Right Left Through Left Right Total Total 7:00 AM 6 0 5 7 0 0 18 116 7:15 AM 7 0 2 8 0 1 18 169 7:30 AM 8 1 3 7 0 1 20 221 7:45 AM 18 0 8 33 0 1 60 255Peak Hour 8:00 AM 16 1 21 33 0 0 71 251 8:15 AM 9 2 27 30 0 2 70 8:30 AM 13 1 20 16 1 2 54 8:45 AM 11 4 19 17 1 4 56 Total 88 9 105 151 2 11 255 Peak Hour 7:45 AM 56 4 76 112 1 5 PHF 0.778 0.250 0.704 0.848 0.250 0.313 Hour Start Time Through Right Left Through Left Right Total Total 4:00 PM 10 2 6 16 2 13 49 207 4:15 PM 12 0 8 16 0 9 45 239 4:30 PM 18 3 6 13 0 8 48 278 4:45 PM 22 1 5 21 2 14 65 280Peak Hour 5:00 PM 26 0 6 22 2 25 81 243 5:15 PM 26 3 4 28 0 23 84 5:30 PM 22 0 2 9 0 17 50 5:45 PM 13 0 0 12 0 3 28 Total 149 9 37 137 6 112 280 Peak Hour 4:45 PM 96 4 17 80 4 79 PHF 0.923 0.333 0.531 0.714 0.500 0.790 Northbound Southbound Westbound Northbound Southbound Westbound(out of WRC) Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham APPENDIX C Trip Generation Worksheets Project Avon Wyndham Subject Trip Generation for Residential Condominium/Townhouse Designed by Curtis Rowe Date September 17, 2012 Job No.096133.002 Checked by Date Sheet No.of TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 8th Edition, Fitted Curve Equations Land Use Code - Residential Condominium/Townhouse (230) Independant Variable - Dwelling Units (X) X =58 T =Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (page 389) Directional Distribution:17%ent.83%exit. Ln(T) = 0.80 Ln(X) + 0.26 T =33 Average Vehicle Trip Ends Ln(T) = 0.80 *Ln(58.0)+ 0.26 6 entering 27 exiting 6 +27 =33 Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (page 390) Directional Distribution:67%ent.33%exit. Ln(T) = 0.82 Ln(X) + 0.32 T =38 Average Vehicle Trip Ends Ln(T) = 0.82 *Ln(58.0)+ 0.32 25 entering 13 exiting 25 +13 =38 Weekday (page 388) Daily Weekday Directional Distribution: 50% entering, 50% exiting Ln(T) = 0.87 Ln(X) + 2.46 T =400 Average Vehicle Trip Ends Ln(T) = 0.87 *Ln(58.0)+ 2.46 200entering 200exiting 200 +200 =400 Kimley-Horn and Associates, Inc. 096133002 – Avon Wyndham APPENDIX D Operational Analysis Worksheets HCM Unsignalized Intersection Capacity Analysis 2012 Existing AM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user_name%Page 1 Movement EBT EBR WBLWBT NBL NBR Lane Configurations Volume (veh/h)56 4 76 112 1 5 Sign Control Free Free Stop Grade 0%0%0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph)61 4 83 122 1 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 65 350 63 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 65 350 63 tC, single (s)4.1 6.4 6.2 tC, 2 stage (s) tF (s)2.2 3.5 3.3 p0 queue free %95 100 99 cM capacity (veh/h)1537 6121002 Direction, Lane #EB 1WB 1NB 1 Volume Total 65 204 7 Volume Left 0 83 1 Volume Right 4 0 5 cSH 17001537 906 Volume to Capacity 0.04 0.05 0.01 Queue Length 95th (ft)0 4 1 Control Delay (s)0.0 3.3 9.0 Lane LOS A A Approach Delay (s)0.0 3.3 9.0 Approach LOS A Intersection Summary Average Delay 2.6 Intersection Capacity Utilization 26.8%ICU Level of Service A Analysis Period (min)15 HCM Unsignalized Intersection Capacity Analysis 2012 Existing PM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user_name%Page 1 Movement EBT EBR WBLWBT NBL NBR Lane Configurations Volume (veh/h)96 4 17 80 4 79 Sign Control Free Free Stop Grade 0%0%0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph)104 4 18 87 4 86 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 109 230 107 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 109 230 107 tC, single (s)4.1 6.4 6.2 tC, 2 stage (s) tF (s)2.2 3.5 3.3 p0 queue free %99 99 91 cM capacity (veh/h)1482 748 948 Direction, Lane #EB 1WB 1NB 1 Volume Total 109 105 90 Volume Left 0 18 4 Volume Right 4 0 86 cSH 17001482 936 Volume to Capacity 0.06 0.01 0.10 Queue Length 95th (ft)0 1 8 Control Delay (s)0.0 1.4 9.3 Lane LOS A A Approach Delay (s)0.0 1.4 9.3 Approach LOS A Intersection Summary Average Delay 3.2 Intersection Capacity Utilization 23.6%ICU Level of Service A Analysis Period (min)15 HCM Unsignalized Intersection Capacity Analysis 2015 Background AM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user_name%Page 1 Movement EBT EBR WBLWBT NBL NBR Lane Configurations Volume (veh/h)65 5 85 130 5 5 Sign Control Free Free Stop Grade 0%0%0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph)71 5 92 141 5 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 76 399 73 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 76 399 73 tC, single (s)4.1 6.4 6.2 tC, 2 stage (s) tF (s)2.2 3.5 3.3 p0 queue free %94 99 99 cM capacity (veh/h)1523 569 988 Direction, Lane #EB 1WB 1NB 1 Volume Total 76 234 11 Volume Left 0 92 5 Volume Right 5 0 5 cSH 17001523 723 Volume to Capacity 0.04 0.06 0.02 Queue Length 95th (ft)0 5 1 Control Delay (s)0.0 3.3 10.1 Lane LOS A B Approach Delay (s)0.0 3.3 10.1 Approach LOS B Intersection Summary Average Delay 2.7 Intersection Capacity Utilization 28.2%ICU Level of Service A Analysis Period (min)15 HCM Unsignalized Intersection Capacity Analysis 2015 Background PM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user_name%Page 1 Movement EBT EBR WBLWBT NBL NBR Lane Configurations Volume (veh/h)110 5 20 90 5 90 Sign Control Free Free Stop Grade 0%0%0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph)120 5 22 98 5 98 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 125 264 122 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 125 264 122 tC, single (s)4.1 6.4 6.2 tC, 2 stage (s) tF (s)2.2 3.5 3.3 p0 queue free %99 99 89 cM capacity (veh/h)1462 715 929 Direction, Lane #EB 1WB 1NB 1 Volume Total 125 120 103 Volume Left 0 22 5 Volume Right 5 0 98 cSH 17001462 914 Volume to Capacity 0.07 0.01 0.11 Queue Length 95th (ft)0 1 10 Control Delay (s)0.0 1.5 9.4 Lane LOS A A Approach Delay (s)0.0 1.5 9.4 Approach LOS A Intersection Summary Average Delay 3.3 Intersection Capacity Utilization 25.0%ICU Level of Service A Analysis Period (min)15 HCM Unsignalized Intersection Capacity Analysis 2015 Total AM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user_name%Page 1 Movement EBL EBT EBR WBLWBTWBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h)1 65 5 85 130 5 5 0 5 22 0 5 Sign Control Free Free Stop Stop Grade 0%0%0%0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph)1 71 5 92 141 5 5 0 5 24 0 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 147 76 410 407 73 410 407 144 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 147 76 410 407 73 410 407 144 tC, single (s)4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s)2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free %100 94 99 100 99 95 100 99 cM capacity (veh/h)1435 1523 523 501 988 523 501 903 Direction, Lane #EB 1WB 1NB 1SB 1 Volume Total 77 239 11 29 Volume Left 1 92 5 24 Volume Right 5 5 5 5 cSH 14351523 684 568 Volume to Capacity 0.00 0.06 0.02 0.05 Queue Length 95th (ft)0 5 1 4 Control Delay (s)0.1 3.2 10.3 11.7 Lane LOS A A B B Approach Delay (s)0.1 3.2 10.3 11.7 Approach LOS B B Intersection Summary Average Delay 3.5 Intersection Capacity Utilization 28.5%ICU Level of Service A Analysis Period (min)15 HCM Unsignalized Intersection Capacity Analysis 2015 Total PM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user_name%Page 1 Movement EBL EBT EBR WBLWBTWBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h)5 110 5 20 90 20 5 0 90 10 0 3 Sign Control Free Free Stop Stop Grade 0%0%0%0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph)5 120 5 22 98 22 5 0 98 11 0 3 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 120 125 289 296 122 383 288 109 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 120 125 289 296 122 383 288 109 tC, single (s)4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s)2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free %100 99 99 100 89 98 100 100 cM capacity (veh/h)1468 1462 652 604 929 507 610 945 Direction, Lane #EB 1WB 1NB 1SB 1 Volume Total 130 141 103 14 Volume Left 5 22 5 11 Volume Right 5 22 98 3 cSH 14681462 908 568 Volume to Capacity 0.00 0.01 0.11 0.02 Queue Length 95th (ft)0 1 10 2 Control Delay (s)0.3 1.3 9.5 11.5 Lane LOS A A A B Approach Delay (s)0.3 1.3 9.5 11.5 Approach LOS A B Intersection Summary Average Delay 3.5 Intersection Capacity Utilization 26.1%ICU Level of Service A Analysis Period (min)15 ARCHITECTURE URBAN DESIGN INTERIOR DESIGN TABLE OF CONTENTS COVER SHEET TABLE OF CONTENTS SECTION 01 SITE & CONTExT VICINITY MAP AND CONTEXT EXISTING CONDITIONS CONTEXT PhOTOS EXISTING CONDITIONS SITE PLAN GRADING AND STORMWATER UTILITY PLAN TURNING EXhIbIT CONSTRUCTION LOGISTICS CIRCULATION EASEMENTS DOWNSPOUT AND DRAIN LOCATIONS ILLUSTRATIVE SITE PLAN SNOW MELT AREAS LANDSCAPE INSTALL bY WYNDhAM OR TOA SITE AREAS GARAGE VENTING WEST PROPERTY LINE LIGhTING PLAN LIGhTING CUT ShEETS LIGhTING ELEVATIONS SECTION 02 PLANS PRELIMINARY CODE STUDIES bUILDING STATISTICS PARKING PLAN LEVEL 1 PLAN LEVEL 2 PLAN LEVEL 3 PLAN LEVEL 4 PLAN LEVEL 5 PLAN ROOF PLAN VALET PARKING PLAN SNOW CONTROL PLAN SECTION 03 BUILDING ExTERIOR - 1 2 3 5 6 7 8 9 11 14 15 16 17 18 19 20 21 22 23 24 25 - 28 29 30 31 32 33 34 35 36 37 38 - MAIN ENTRY VIEW LETTUCE ShED LANE VIEW MAIN STREET VIEW W bENChMARK RD VIEW PhOTOIMAGING - ENTRY PhOTOIMAGING - LETTUCE ShED LANE PhOTOIMAGING - LETTUCE ShED LANE PhOTOIMAGING - bUS DEPOT EXTERIOR IMAGERY NORTh ELEVATION EAST ELEVATION SOUTh ELEVATION WEST ELEVATION MATERIAL bOARD NORTh WEST ELEVATION TRANSIT CENTER MAIN ENTRANCE SECTION 04 HEIGHT ANALySIS NORTh hEIGhT ANALYSIS EAST hEIGhT ANALYSIS SOUTh hEIGhT ANLYSIS WEST hEIGhT ANALYSIS hEIGhT bLANKET STUDY WALL SECTIONS / bUILDING STEP DIAGRAMS GARAGE CLEARANCE AUTO-COURT WALL SECTION 05 SHADOw PLANS MARCh 21/jUNE 21 SEPTEMbER 21/DECEMbER 21 APPENDIx A SUBmITTAL DRAwINGS 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 57 - 58 59 60 61 62 63 66 67 - 68 69 - ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 1 | WESTIN OFFICE/ RETAIL AVON CENTER SEASONS EA G L E R I V E R RAIL W A Y AV O N R D . TOA PROPOSED EVENT PLAZA MAI N S T R E E T BENCHM A R K R D . LE T T U C E S H E D L A N E TRANSPORTATION HUB EA G L E R I V E R RAIL W A Y I-7 0 AV O N R D . VICINT y mAP AND CONTExT ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 2 | SE view NE view NW view W view ExISTING CONDITIONS SOUTHEAST VIEw NORTHEAST VIEw wEST VIEw NORTHwEST VIEw ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 3 |CONTExT PHOTOS ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 4 |CONTExT PHOTOS PAGE 5 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN WEST BE N C H M A R K R O A D (50' R.O . W . ) JB JB E L E C T R A N S E L E C T V A U L T 7453 745 5 7452 7452 7 4 5 3 7454 7 4 5 4 7454 745 6 745 0 74 5 0 7450 7450 74 5 5 7451 7452 74 5 3 745 4 745 4 7454 745 6 7 4 5 0 74 5 5 7455 7455 7446 7446 7447 7447 7447 7 4 4 8 7 4 4 9 7451 7452 7453 7454 74 5 6 7456 7456 7 4 5 0 745 5 7 4 4 7 7447 7448 744 8 744 9 7 4 5 1 7452 7453 7454 7 4 5 6 7456 745 6 7457 7 4 5 7 74 5 0 7455 7448 7448 7449 7449 74 4 9 74 5 1 745 2 7453 7454 7456 74 5 6 7456 7457 7457 7457 7458 7459 7450 7455745 57455 744 9 74 5 1 74 5 2 7 4 5 3 7 4 5 4 74 5 0 745 1 7 4 5 2 7 4 5 3 ELEC TRA N S 744 5 744 6 7446 7 4 4 6 7447 7447 7 4 4 7 744 7 74 4 7 7 4 4 7 7447 744 7 7447 744 7 74 4 7 744874 4 8 7 4 5 0 7 4 4 6 74 4 6 7447 7447 74 4 7 74 4 8 7 4 4 8 74 4 8 7448 744 8 74 4 9 7 4 4 9 744 9 7 4 5 5 7452 7452 7453 7454 7 4 5 6 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 512026 BS PA 11/30/12 DESIGN DEVELOPMENT EXISTING CONDITIONS SHEET WYNDHAM AVON LOT 61 PA 3003 LARIMER STREET DENVER, CO 80205 PHONE 303.861.5704 GRAPHIC SCALE (IN FEET)1 inch = ft.20 As indicatedExISTING CONDITIONS PAGE 6 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN JB JB US Bank White River Center Avon Center Building The Seasons Transit Center US Bank Pedestrian Mall to West US Bank Parking WEST BE N C H M A R K R O A D (50' R.O . W . ) Lot 61 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 512026 BS PA 11/30/12 DESIGN DEVELOPMENT SITE PLAN WYNDHAM AVON LOT 61 PA 3003 LARIMER STREETDENVER, CO 80205PHONE 303.861.5704 GRAPHIC SCALE (IN FEET) 1 inch = ft.20 As indicated RAMP SITE PLAN PAGE 7 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN JB JB 7453 745 5 7452 7452 7 4 5 3 7454 7 4 5 4 7454 745 6 745 0 74 5 0 7450 7450 74 5 5 7451 7452 74 5 3 74 5 4 745 4 7454 74 5 6 7 4 5 0 74 5 5 7455 7455 7446 7446 7447 744 7 7447 7 4 4 8 7 4 4 9 7451 7452 7453 7454 74 5 6 7456 7456 7 4 5 0 745 5 7 4 4 7 7447 7448 744 8 744 9 7 4 5 1 7452 7453 745 4 7 4 5 6 7456 745 6 7457 7 4 5 7 74 5 0 7455 7448 7448 7449 7449 74 4 9 74 5 1 745 2 7453 7454 7456 745 6 7456 7457 7457 7457 7458 7459 7450 7455745 57455 744 9 7 4 5 1 74 5 2 7 4 5 3 7 4 5 4 74 5 0 745 1 7 4 5 2 7 4 5 3 744 5 744 6 7446 7 4 4 6 7447 744 7 7 4 4 7 744 7 74 4 7 7 4 4 7 7447 744 7 7447 744 7 74 4 7 744874 4 8 7 4 5 0 7 4 4 6 74 4 6 7447 7447 74 4 7 74 4 8 7 4 4 8 74 4 8 7448 744 8 74 4 9 7 4 4 9 744 9 7 4 5 5 7452 7452 7453 745 4 7 4 5 6 SM US Bank White River Center Avon Center Building The Seasons Transit Center US Bank Pedestrian Mall to West US Bank Parking WEST BE N C H M A R K R O A D (50' R.O . W . ) Lot 61 7456 7456 745 7 74 5 6 7456 74 5 2 7454 7 4 5 3 7 4 5 3 7 4 5 7 7455 7455 7452 7 4 5 5 745 0 74 5 4 744 8 7456 7 4 5 2 7450 744 7 7454 JB SD Figure C - Cross-Section View Step 1 - Site Preparation Installation InstructionsLogs and Wattles TM Prepare site to design profile and grade. Remove debris, rocks, clods, etc.. Ground surface should be smooth prior to installation to ensure log remains in contact with slope. Step 2 - Staple Selection At a minimum, 1" long by 1" by 24", stakes are to be used to secure the log to the ground surface. Installation in rocky, sandy or other loose soil may require longer stakes. Place RECP along slope to provide upstream apron for log. Secure RECP according to standard slope installation instructions including upstream anchor trench. Secure log to blanket, ensuring log remains in intimate contact with the RECP over the length of the installation. A minimum of one foot upstream apron and two foot downstream apron are required for installation. Subsequent, downslope rows of logs should be spaced appropriately for site conditions to minimize acceleration of flow. Further, log seams are to be offset to ensure continuous filtration. Figure A presents a schematic of a slope installation in profile view. Slope Installation Document # WE_EXCEL_LOG_II. Please contact Western Excelsior technical Support Division at 800-967-4009 with specific questions or for further information. Place RECP along channel to provide upstream and downstream apron for log identically to slope installation. Secure log to blanket, ensuring log remains in intimate contact with the RECP over the length of the installation. A minimum of one foot upstream apron and two foot downstream apron are required for installation. Subsequent, downslope rows of logs should be spaced appropriately for site conditions to minimize acceleration of flow. Further, log seams are to be offset to ensure continuous filtration. Figure A / Figure C presents a schematic of a channel installation. Channel Installation Surround drain inlet to be protected with log, ensuring seams are overlapping to minimize flow circumventing log. Secure logs to ground surface ensuring the log remains in intimate contact with the ground surface over the entire installation. Provide RECP apron secured to the ground surface between drain and log. Drain Filter Installation Figure A - Profile View Or Minimum stake in ground, 12" Do not allow flow to overtop installation. Channel Installation Figure A Figure A Figure D - Cross-Section View Drain Filter Slope/Channel Installation RECP Apron RECP Apron Backfill Sediment ControlLog Drain Grate SedimentControl Log SedimentControl Log Stake Stake RECPApron RECPApron InstalledLog Figure B - Profile View Figure E - Cross-Section View Curbside Installation GroundSurface GroundSurface MinimumStake DepthGroundSurface Set Log InTrench 3"Deep and Backfill Flat Ground (Perimeter Guard) Installation Set Log In Trench 3"Below Topof Curb InstalledLog Curb Road Surface Minimum Stake Depth GroundSurface Flow Flow 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 512026 BS PA 11/30/12 DESIGN DEVELOPMENT GRADING, DRAINAGE, & STORM WATER MANAGEMENT PLAN WYNDHAM AVON LOT 61 PA 3003 LARIMER STREETDENVER, CO 80205PHONE 303.861.5704 As indicated GRAPHIC SCALE (IN FEET)1 inch = ft.20 GRADING AND STORmwATER JB JB 7453 745 5 7452 7452 7 4 5 3 7454 7 4 5 4 7454 745 6 745 0 74 5 0 7450 7450 74 5 5 7451 7452 74 5 3 74 5 4 745 4 7454 74 5 6 7 4 5 0 74 5 5 7455 7455 7446 744 6 7447 744 7 7447 7 4 4 8 7 4 4 9 7451 7452 7453 7454 74 5 6 7456 7456 7 4 5 0 745 5 7 4 4 7 7447 7448 744 8 744 9 7 4 5 1 745 2 7453 7454 7 4 5 6 7456 745 6 7457 7 4 5 7 74 5 0 7455 7448 7448 7449 7449 74 4 9 74 5 1 745 2 7453 7454 7456 74 5 6 7456 7457 7457 7457 7458 7459 7450 7455745 57455 74 4 9 7 4 5 1 74 5 2 7 4 5 3 7 4 5 4 74 5 0 745 1 7 4 5 2 7 4 5 3 744 5 744 6 7446 7 4 4 6 7447 744 7 7 4 4 7 744 7 74 4 7 7 4 4 7 7447 744 7 7447 744 7 74 4 7 744874 4 8 7 4 5 0 7 4 4 6 74 4 6 7447 7447 74 4 7 7 4 4 8 7 4 4 8 74 4 8 7448 744 8 74 4 9 7 4 4 9 744 9 7452 7452 7453 7454 White River Center Avon Center Building The Seasons Transit Center US Bank Parking WEST BE N C H M A R K R O A D (50' R.O . W . ) Lot 61 745 6 7456 745 7 74 5 6 7456 74 5 2 7 4 5 5 7454 7 4 5 2 7451 7 4 5 3 7 4 5 3 7454 7 4 5 4 7 4 5 7 7 4 5 6 7455 7448 7449 7455 Figure C - Cross-Section View Step 1 - Site Preparation Installation InstructionsLogs and Wattles TM Prepare site to design profile and grade. Remove debris, rocks, clods, etc.. Ground surface should be smooth prior to installation to ensure log remains in contact with slope. Step 2 - Staple Selection At a minimum, 1" long by 1" by 24", stakes are to be used to secure the log to the ground surface. Installation in rocky, sandy or other loose soil may require longer stakes. Place RECP along slope to provide upstream apron for log. Secure RECP according to standard slope installation instructions including upstream anchor trench. Secure log to blanket, ensuring log remains in intimate contact with the RECP over the length of the installation. A minimum of one foot upstream apron and two foot downstream apron are required for installation. Subsequent, downslope rows of logs should be spaced appropriately for site conditions to minimize acceleration of flow. Further, log seams are to be offset to ensure continuous filtration. Figure A presents a schematic of a slope installation in profile view. Slope Installation Document # WE_EXCEL_LOG_II. Please contact WesternExcelsior technical Support Division at 800-967-4009 with specific questions or for further information. Place RECP along channel to provide upstream and downstream apron for log identically to slope installation. Secure log to blanket, ensuring log remains in intimate contact with the RECP over the length of the installation. A minimum of one foot upstream apron and two foot downstream apron are required for installation. Subsequent, downslope rows of logs should be spaced appropriately for site conditions to minimize acceleration of flow. Further, log seams are to be offset to ensure continuous filtration. Figure A / Figure C presents a schematic of a channel installation. Channel Installation Surround drain inlet to be protected with log, ensuring seams are overlapping to minimize flow circumventing log. Secure logs to ground surface ensuring the log remains in intimate contact with the ground surface over the entire installation. Provide RECP apron secured to the ground surface between drain and log. Drain Filter Installation Figure A - Profile View Or Minimum stakein ground, 12" Do not allow flow to overtop installation. Channel Installation Figure A Figure A Figure D - Cross-Section View Drain Filter Slope/Channel Installation RECP Apron RECP Apron Backfill SedimentControl Log DrainGrate Sediment ControlLog Sediment ControlLog Stake Stake RECP Apron RECP Apron InstalledLog Figure B - Profile View Figure E - Cross-Section View Curbside Installation GroundSurface GroundSurface MinimumStake DepthGroundSurface Set Log InTrench 3"Deep andBackfill Flat Ground (Perimeter Guard) Installation Set Log InTrench 3"Below Topof Curb InstalledLog Curb Road Surface MinimumStake DepthGroundSurface Flow Flow GRAPHIC SCALE (IN FEET) 1 inch = ft.20 ® PROJ. NO. DRAWN: CHECKED: DATE: REVISIONS © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 LARIMER ST. DENVER, CO 80205 PHONE 303.861.5704 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 GRADING, DRAINAGE, & SWMP C3 PAGE 8 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN US Bank White River Center Avon Center Building The Seasons Transit Center US Bank Pedestrian Mall to West US Bank Parking WEST BE N C H M A R K R O A D (50' R.O . W . ) Lot 61 JB JB E L E C T R A N S E L E C T V A U L T ELEC TRA N S SM SD 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 512026 BS PA 11/30/12 DESIGN DEVELOPMENT UTILITY PLAN WYNDHAM AVON LOT 61 PA 3003 LARIMER STREET DENVER, CO 80205 PHONE 303.861.5704 GRAPHIC SCALE (IN FEET)1 inch = ft.20 As indicated UTILIT y PLANS PAGE 9 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN TURNING ExHIBIT 30 2013 Yukon SLT Length: 16'-10" Width: 6'-7" w/o MirrorsWheelbase: 9'-8"Height: 6'-6" 18 0 1 5 0 120 90 OUTSIDE SWEPT PATH PATH OF FRONT WHEEL INSIDE SWEPT PATH 60 30 MAX. STEERING ANGLE = 34.5 deg. 16.97 ft 2 1 . 2 5 f t 19. 7 7 f t 10.69 f t 3.00 ft 9.66 ft 4.17 ft 6.58 ft 18 0 1 5 0 120 90 OUTSIDE SWEPT PATH PATH OF FRONT WHEEL INSIDE SWEPT PATH 60 30 VAILHONEYWAGON CUSTOM [ft] MAX. STEERING ANGLE = 35.7 deg. 34.03 ft 3 9 . 4 0 f t 37. 7 2 f t 23.64 f t 4.00 ft 20.00 ft 6.00 ft 8.00 ft 30 2013 Yukon SLT Length: 16'-10" Width: 6'-7" w/o MirrorsWheelbase: 9'-8"Height: 6'-6" 18 0 1 5 0 120 90 OUTSIDE SWEPT PATH PATH OF FRONT WHEEL INSIDE SWEPT PATH 60 30 MAX. STEERING ANGLE = 34.5 deg. 16.97 ft 2 1 . 2 5 f t 19. 7 7 f t 10.69 f t 3.00 ft 9.66 ft 4.17 ft 6.58 ft GRAPHIC SCALE (IN FEET)1 inch = ft.10 WY N D H A M A V O N L O T 61 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 512026 BS PA 11/30/12 DESIGN DEVELOPMENT WYNDHAM AVON LOT 61 PA 3003 LARIMER STREET DENVER, CO 80205 PHONE 303.861.5704 As indicated TURNING MOVEMENT EXHIBITS PAGE 10 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN 30 2013 Yukon SLT Length: 16'-10" Width: 6'-7" w/o MirrorsWheelbase: 9'-8"Height: 6'-6" 18 0 1 5 0 120 90 OUTSIDE SWEPT PATH PATH OF FRONT WHEEL INSIDE SWEPT PATH 60 30 MAX. STEERING ANGLE = 34.5 deg. 16.97 ft 2 1 . 2 5 f t 19. 7 7 f t 10.69 f t 3.00 ft 9.66 ft 4.17 ft 6.58 ft WY N D H A M A V O N L O T 61 75 B E N C H M A R K R O A D AV O N , C O 8 1 6 2 0 512026 BS PA 11/30/12 DESIGN DEVELOPMENT WYNDHAM AVON LOT 61 PA 3003 LARIMER STREET DENVER, CO 80205 PHONE 303.861.5704 As indicated TURNING MOVEMENT EXHIBITS GRAPHIC SCALE (IN FEET)1 inch = ft.10 TURNING ExHIBIT ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 11 |CONSTRUCTION LOGISTICS Dumpster Gate and Tracking mat Ramp into Excavation Temp Toilets Concrete Barricades Line of Shoring Green Screen Fencing Layed back excavtion walkway to remain open This logistics phase will be in place from the start of the project thru the backfilling of the garage, Approximatley 3 months ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 12 |CONSTRUCTION LOGISTICS This logistics phase will be in place from the time the garage is backfilled until the building is en- closed and secure, approximately 9 months. Temporary walkway Concrete barricades Green Screen Fencing Temp Toilets material Staging / Storage Gate Gate as needed for material Delivery Construction Office Staff / Visitor Parking Temp Toilets walkway to remain open Dumpster Gate #2 and Tracking mat Covered walk- way or sidewalk closure during exterior work ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 13 |CONSTRUCTION LOGISTICS This logistics phase will be in place from the time the building exterior finishes are complete until the sitework is complete. Approximatley 3 months. Note: Temporary fencing / Barri- cades will be used to secure area of the site that are being con- structed Gate Sidewalk Closed Signage Dumpster Gate PAGE 14 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN EASEmENTS F D F D FD FD FD TRANSPORTATION EASEMENT PROPOSED VACATION OF UTILIT Y & DRAINAGE EASEMENT PROPERT Y LINE PAGE 15 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN CIRCULATION LEGEND VEhICULAR ACCESS PEDESTRIAN ACCESS SERVICE ACCESS GUEST ACCESS F D F D FD FD FD TOA PROPOSED EVENT PLAZA MAIN STREE T GO N D O L A WAY WES T B E N C H M ARK R O AD EXISTING CURB CUT GARAGE EXISTING TRANSPORTATION HUB SERVICE PAGE 16 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN ROOF DRAIN / DOwNSPOUT LOCATIONS F D F D FD FD FD I I I UNDERGROUND PVC DRAIN INDICATES INTERNAL DRAIN INDICATES DOWNSPOUT LOCATION LEGEND ROOF DRAIN LOCATION INTERNAL ROOF DRAIN LOCATION UNDERGROUND PVC PIPE I PAGE 17 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN ILLUSTRATIVE SITE PLAN FD FD FD FD FD I I I UNDERGROUND PVC DRAIN INDICATES INTERNAL DRAIN INDICATES DOWNSPOUT LOCATION PAGE 18 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN SNOw mELT PLAN PAGE 19 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LANDSCAPE INSTALLATION LANDSCAPE INSTALLA- TION By wyNDHAm OR TOwN OF AVON ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 20 |SITE AREAS UP UP AREA A AREA B AREA C AREA D AREA E AREA F ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 21 |GARAGE VENTING UP UP UP UP UP Intake Exhaust ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 22 |wEST PROPERT y LINE 12'-5 1/2" 14'-4" 10 1/2" 11 1/4" 10 3/4" 2'-6 1/2" ROOF ABOVE LEVEL 1 LEVEL 2-5 PAGE 23 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LIGHTING PLAN EXTERIOR LIGHTING LEGEND S1 - BOLLARD S2 - STEP LIGHT S3 - WALL SCONCE NOTE: REFER TO 11X17 BOOK FOR LIGHTING CUT-SHEETS S3 3'-0" A.F.F. S3 3'-0" A.F.F. S3 3'-0" A.F.F. S3 3'-0" A.F.F. S2 1'-6" A.F.F. S2 1'-6" A.F.F. S3 7'-0" A.F.F. S2 1'-6" A.F.F. S2 1'-6" A.F.F. S1 3'-0" S1 3'-0" S1 3'-0" S1 3'-0" S1 3'-0" S1 3'-0" S1 3'-0" S3 7'-0" A.F.F. S3 7'-0" A.F.F. S3 7'-0" A.F.F. S3 7'-0" A.F.F. S3 7'-0" A.F.F.S3 7'-0" A.F.F.S3 7'-0" A.F.F. S3 7'-0" A.F.F. S3 7'-0" A.F.F. S3 7'-0" A.F.F. ? ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 24 |LIGHTING CUT SHEETS EFix Step Marker HWP100 PL-C/2P18W IN GR HWP100 - MASTER PL-C 2 Pin - 18 W The new outdoor EFix decorative range is ideally suited to asymmetrical wall lighting, step lighting and marking as well as creating grazing lighting effects. The family design means the luminaires can be combined to cover a wide variety of applications. The EFix Step marker offers a variety of five different front finishes. The EFix Step light is available with both fluorescent and HID light sources.The EFix Grazer light produces a powerful uni- or bi-directional light distribution that will enhance the architecture with a narrow or wide beam. Product data •General information Product family code HWP100 [HWP100] Number of lamps 1 [1 pc] Lamp family code PL-C/2P [MASTER PL-C 2 Pin] Lamp power 18 W [18 W] Compensation circuit IN [Inductive] Gear CONV [Conventional] Safety class I [Safety class I] IP code IP54 [Dust accumulation-protected, splash-proof] Color GR [Grey] •Product Data Order code 910502828718 Full product code 910502828718 Full product name HWP100 PL-C/2P18W IN GR Order product name HWP100 PL-C/2P18W IN GR Pieces per pack 1 Packs per outerbox 10 Bar code on pack - EAN1 8711559807485 Bar code on outerbox - EAN3 8711559807614 Logistic code(s) - 12NC 910502828718 Net weight per piece 1.500 kg S1 - BOLLARD S2 - STEP LIGHT EFix Step MarkerHWP100 PL-C/2P18W IN GRHWP100 - MASTER PL-C 2 Pin - 18 WThe new outdoor EFix decorative range is ideally suited toasymmetrical wall lighting, step lighting and marking as well as creatinggrazing lighting effects. The family design means the luminaires can becombined to cover a wide variety of applications. The EFix Step marker offers a variety of five different front finishes. The EFix Step light is available with both fluorescent and HID light sources.The EFix Grazer light produces a powerful uni- or bi-directional light distribution that will enhance the architecture with a narrow or wide beam. Product data •General information Product family code HWP100 [HWP100] Number of lamps 1 [1 pc] Lamp family code PL-C/2P [MASTER PL-C 2 Pin] Lamp power 18 W [18 W] Compensation circuit IN [Inductive] Gear CONV [Conventional] Safety class I [Safety class I] IP code IP54 [Dust accumulation-protected, splash-proof] Color GR [Grey] •Product Data Order code 910502828718 Full product code 910502828718 Full product name HWP100 PL-C/2P18W IN GR Order product name HWP100 PL-C/2P18W IN GR Pieces per pack 1 Packs per outerbox 10 Bar code on pack - EAN1 8711559807485 Bar code on outerbox - EAN3 8711559807614 Logistic code(s) - 12NC 910502828718 Net weight per piece 1.500 kg Annapolis™Bollard Specifications Annapolis bollards are constructed of structural grade steel for exceptional strength, with cast aluminum top and spun aluminum base ring. Standard Bollard:Available in 6" and 12" diameter, with or without low-voltage lighting. A protective polyethylene sleeve is available in black or silver. Both sizes are designed to be securely embedded in concrete. For additional site flexibility, the 6" diameter is offered in a removable style; slides into supplied, embedded, galvanized steel socket. A keyed lock secures the bollard when in the socket. Upon removal, a cover plate fits flush with the surface; secured with a chain. Cover plate/ chain stores within the bollard base when the bollard is in the socket. All 6" styles, including 6" removable bollard may be fitted with the Smart bollard top to provide solar powered lighting. Smart Bollard:Available in 6" diameter, may be specified with embedded or removable bollard style. The solar panel, which is encapsulated in patented domed polycarbonate housing, collects energy from the sun and converts itto electrical current. Energy is stored in a sealed lead-acid rechargeable battery that delivers extremely reliable power output over a long period of time. The microprocessor technology automatically turns lights on at dusk, off at dawn. It casts directional light above ground with 360 degree visibility and a range exceeding one mile. For more detailed specifications, refer to Annapolis Smart Bollard Technical Sheet. Security Bollard:Available in 6" and 12" diameter. 6" dia. security bollard may be specified with Smart solar-powered LED light. Security bollard is designed to be permanently embedded with a reinforced footing and internal concrete/ steel reinforcement. Landscape Forms can provide project specific assess- ment of the ability of the Annapolis Security Bollard to deter vans, pick-ups and SUVs using criteria supplied by the customer. For more detailed specifications, refer to Annapolis Smart Bollard Technical Sheet. Contact your Landscape Forms sales representative to discuss specific project criteria and request customized FEA analysis. 6"12"6" removableprotectivelighted bollardsleevebollard top 6" x 33"12" x 33"dia. x h Our Purpose Is To Enrich Outdoor Spaces We believe in the power of design and its ability to influence and elevate the quality of public space. High quality products and outstanding customer experience makes us one of the world’s premier designers and manufacturers of outdoor commercial furnishings. Metal is the world’s most recycled material and is fully recyclable. Consult our website for recycled content for this product. Powdercoat finish on metal parts contains no heavy metals, is HAPS-free and has extremely low VOCs. Finishes Metal is finished with Landscape Forms’ proprietary Pangard II polyester powdercoat, a hard yet flexible finish that resists rusting, chipping, peeling and fading. Call for standard color chart. To Specify Choose 6" or 12" diameter embedded style, or 6" removable style. Specify black or silver protective polyethylene sleeve or without sleeve. Specify with or without lighting based on the following guidelines. 6" embedded and surface mount, availablewith hard wired or solar powered lighting; 6" removable only offered with solar lighting; 12" embedded only offered with hard wired lighting. landscapeforms.com Visit our website for product details, pricing, color charts, technical sheets, sales office locations. Download JPG images, brochure PDF, CAD details, CSI specifications, and assembly instructions. Annapolis Smart Bollard is protected by U.S. Patent Nos. D6,573,659; D6,013,985 Specifications are subject to change without notice. Annapolis is designed by Brian Kane, IDSA Annapolis Bollard is manufactured in U.S.A. Landscape Forms supports the LAF at the Second Century level. ©2010 Landscape Forms, Inc. Printed in U.S.A. 800.521.2546 269.381.3455 fax 431 Lawndale Avenue, Kalamazoo, MI 49048 landscapeforms.com ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 25 | uptown large outdoor DESCRIPTION Vertical metal slats with a metal base. Includes (1) replaceable 9.6 watt 2700K LED module.120v. WEIGHT 8.24lb / 3.74kg ±   ORDERING INFORMATION type LW  LED   model 641 finish BL  black  BZ  bronze  SI  silver  lamp LED  LED Module 9.6w 120v  wet location W  wet location FIXTURE TYPE:________________________________________________ JOB NAME:________________________________________________ NOTES:________________________________________________ ________________________________________________ ________________________________________________   7400 Linder Avenue Skokie, Illinois 60077 T 847.626.6300 F 847.626.6350 www.lbllighting.com ©2012 LBL Lighting. All Rights Reserved. The "LBL Lighting" graphic is a registered trademark of LBL Lighting. LBL Lighting reserves the right to change specifications for product improvements without notification. outdoor LIGHTING CUT SHEETS Dimensional drawing HWP100 HWP100 EFix Step Marker © 2012 Koninklijke Philips Electronics N.V. All rights reserved. Specifications are subject to change without notice. Trademarks are the property of Koninklijke Philips Electronics N.V. or their respective owners. www.philips.com/lighting 2012, September 8 data subject to change S3 - SCONCE PAGE 26 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LIGHTING ELEVATIONS 1' - 6 " ALIGN T yPICAL BALCONy ELEVATION - STEP LIGHT LOCATION EAST ELEVATION SOUTH ELEVATION LEGEND STEP LIGhT LOCATION SCONCE LIGhT LOCATION PAGE 27 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LIGHTING ELEVATIONS wEST ELEVATION NORTH ELEVATION LEGEND STEP LIGhT LOCATION SCONCE LIGhT LOCATION ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 28 |PRELImINARy CODE STUDIES OZ ARCHITECTURE Preliminary Code Study - Wyndham Vacation Resort, Avon The following codes apply: 2009 International Building Code 2009 International Energy Conservation Code 2009 International Plumbing Code 2009 International Mechanical Code 2011 National Electrical Code 2011 Avon Amendments to the 2009 International Title 15 Codes Building Information Building Type: IA (concrete podium) & VA above - fully sprinklered Allowable area: 274,028 GSF Proposed Area: 111,969 GSF Allowable Height: IA unlimited, VA 4 stories or 70' Proposed Height: 2 + 4 stories, 47' to top floor Use and Occupancy Classification Primary Occupancy: R-2 Parking: S-2 Incidental Accessory Use Area: Mech / Storage Separated Uses: R-2 to S-2 = 3 hr Type of Construction/Fire-Resistive Requirements Building Elements: S-2(IA). R-2(VA) A. Structural Frame 3hr. 1hr B. Bearing Walls - Exterior 3hr. 1hr C. Bearing Walls - Interior. 3hr. 0hr D. Non-bearing Walls - Ext. 0hr. 0hr E. Non-bearing Walls - Int. 0hr. 0hr F. Floor Construction. 2hr. 1hr G. Roof Construction. 3hr. 1hr ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 29 |BUILDING STATISTICS LOT 61 -WYNDHAM AVON PROPOSED BUILDING STATISTICS OZ ARCHITECTURE DATE: August 31, 2012 Parking Lobby 2nd 3rd 4th 5th TOTAL AVE. UNIT TOTAL OCCUPANCY Level Level Level Level Level Level UNITS AREA(S.F.)AREA(S.F.) TYPICAL GUESTROOMS 1 BR - A 0 2 2 2 2 2 10 1033 10330 1 BR - B 0 1 1 1 1 1 5 1079 5395 1 BR - C 0 1 0 0 0 0 1 778 778 2 BR - A 0 1 3 3 3 3 13 1463 19019 2 BR - B 0 0 2 2 2 2 8 1450 11600 2 BR - C 0 0 2 2 2 2 8 1363 10904 2 BR - D 0 0 1 1 1 1 4 1457 5828 2 BR - E 0 1 0 0 0 0 1 1248 1248 3 BR - A 0 0 1 1 1 1 4 1866 7464 3 BR - B 0 0 1 1 1 1 4 1973 7892 UNIT SUBTOTAL 0 6 13 13 13 13 58 GUESTROOM - S.F. TOTAL 0 6634 18456 18456 18456 18456 80458 80,458 UNIT BREAKDOWN 0 6 13 13 13 13 58 TOTAL UNITS 58 GUESTROOM S.F. (GROSS)0 6634 18456 18456 18456 18456 80,458 FLOOR S.F. (GROSS)5545 19003 20618 20618 20618 20618 107,020 BED COUNTS Queen King Total Beds Beds Units Units Units Units Untis Units Total Beds 1 BR - A 1 1 2 2 2 2 2 10 20 1 BR - B 1 1 1 1 1 1 1 5 10 1 BR - D 1 1 1 0 0 0 0 1 2 2 BR - A 3 1 1 3 3 3 3 13 52 2 BR - B 3 1 0 2 2 2 2 8 32 2 BR - C 3 1 0 2 2 2 2 8 32 2 BR - D 3 1 0 1 1 1 1 4 16 2 BR - E 3 1 1 0 0 0 0 1 4 3 BR - A 2 2 0 1 1 1 1 4 16 3 BR - B 2 2 0 1 1 1 1 4 16 TOTAL BED COUNTS 134 66 16 46 46 46 46 200 200 Commercial Space Total Tenant Retail 0 791 0 0 0 0 791 S.F. TOTAL 0 791 0 0 0 0 791 Hotel Function Commercial Space Fitness 0 515 0 0 0 0 515 Ski Storage 0 557 0 0 0 0 557 Indoor Whirlpool 0 1250 0 0 0 0 1250 Administrative Offices 0 971 0 0 0 0 971 Owner's Lounge 0 1115 0 0 0 0 1115 Game Room 0 422 0 0 0 0 422 Sales Office 0 650 0 0 0 0 650 Lobby 0 1500 0 0 0 0 1500 Luggage 0 169 0 0 0 0 169 LOT 61 -WYNDHAM AVON PROPOSED BUILDING STATISTICS OZ ARCHITECTURE DATE: August 31, 2012 Parking Lobby 2nd 3rd 4th 5th TOTAL AVE. UNIT TOTAL OCCUPANCY Level Level Level Level Level Level UNITS AREA(S.F.)AREA(S.F.) Circulation/Elevators/Stairs 0 3321 1756 1756 1756 1756 10345 Baths/Trash/Chute 0 917 0 0 0 0 917 Housekeeping 0 150 340 340 340 340 1510 Mech./Support/Storage/House 5545 41 66 66 66 66 5850 S.F. TOTAL 5545 11578 2162 2162 2162 2162 25771 Building Summary Gross Floor Area 5545 19003 20618 20618 20618 20618 107020 Guestrooms 0 6634 18456 18456 18456 18456 80458 Commercial Space 0 791 0 0 0 0 791 Hotel Function Commercial Space 5545 11578 2162 2162 2162 2162 25771 Parking 26494 26494 Parking Parking Stalls 54 0 0 0 0 0 54 MECHANICAL GENERATOR 25 18 15 9 5 4 45 4339RAMP DOWN 54 1 ELECTRICAL MDF TV COOLING TOWER RECEIVING BREAK ROOM SHOP LAUNDRY PAGE 30 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PARkING PLAN 0'40'80'20' LEGEND CIRCULATION bACK OF hOUSE MECh. / ELEC. TOTAL PARKING SPACES: 54 UP TRASH OWNERS LOUNGE SALES SKI STORAGE RETAIL LOBBY VESTIBULE LUGGAGE GAME ROOM RAMP DOWN DE C K WOMEN'S MEN'S FCC 1 BR (A)1 BR (A)2 BR (A) 1 BR (B) 2 BR (E) 1 BR (C) ? 0'40'80'20' PAGE 31 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN 0'40'80'20' LEVEL 1 PLAN LEGEND RESIDENTIAL FRONT OF hOUSE LObbY / CIRCULATION GUEST AMENITY bACK OF hOUSE COMMERCIAL MECh. / ELEC. 1 BR (A)1 BR (A)2 BR (A) 2 BR (A) 2 BR (B) 2 BR (B) 3 BR (A) 2 BR (A) 3 BR (B) 2 BR (C)2 BR (C) 2 BR (D) CORRID O R HSKP HSKP IT 1 BR (B) ELEC. TRASH PAGE 32 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LEVEL 2 PLAN 0'40'80'20' LEGEND RESIDENTIAL CIRCULATION bACK OF hOUSE MECh. / ELEC. 2 BR (D) 2 BR (C)2 BR (C) 2 BR (A) 3 BR (A) 1 BR (B) 2 BR (A)1 BR (A)1 BR (A)2 BR (B) 2 BR (B) 2 BR (A) 3 BR (B) CORRID O R IT HSKPTRASH HSKP IT ELEC. 0'40'80'20' PAGE 33 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN 0'40'80'20' LEVEL 3 PLAN LEGEND RESIDENTIAL CIRCULATION bACK OF hOUSE MECh. / ELEC. 2 BR (B)1 BR (A)1 BR (A)2 BR (A) 1 BR (B) 3 BR (A) 2 BR (A) 2 BR (C)2 BR (C) 2 BR (D) 3 BR (B) 2 BR (A) 2 BR (B)CORRIDOR IT ELEC. IT HSKPTRASH HSKP PAGE 34 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LEVEL 4 PLAN 0'40'80'20' LEGEND RESIDENTIAL CIRCULATION bACK OF hOUSE MECh. / ELEC. 2 BR (B)1 BR (A)1 BR (A)2 BR (A) 1 BR (B) 3 BR (A) 2 BR (A) 2 BR (C)2 BR (C) 2 BR (D) 3 BR (B) 2 BR (A) 2 BR (B)CORRIDORIT ELEC. IT HSKPTRASH HSKP 2 BR (B)1 BR (A)1 BR (A)2 BR (A) 1 BR (B) 3 BR (A) 2 BR (C) 2 BR (C)2 BR (C) 2 BR (D) 3 BR (B) 2 BR (A) 2 BR (B)CORRID O R ELEC. HSKPTRASH IT HSKP IT 0'40'80'20' PAGE 35 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN 0'40'80'20' LEVEL 5 PLAN LEGEND RESIDENTIAL CIRCULATION bACK OF hOUSE MECh. / ELEC. 5 1 / 2 " / 1 2 " 5 1 / 2 " / 1 2 " 5 1/2"/1 2" 5 1/2"/1 2" 5 1/2" / 12"5 1/2" / 12" 5" / 12"6" / 12" 6" / 12"3" / 12"6" / 12" 3" / 1 2 " 6" / 1 2 " 6" / 1 2 " 3" / 12" 5 1/ 2 " / 1 2 " 5 1/ 2 " / 1 2 " 3" / 1 2 " 6" / 12"6" / 12" 3" / 1 2 " 6" / 12"6" / 12" 3" / 1 2 " 6" / 12"6" / 12"3" / 12" 3" / 1 2 " 6" / 12" 6" / 12" 3" / 12" 3" / 12" 6"/ 1 2" 6"/ 1 2" ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 36 |ROOF PLAN 0'40'80'20' PAGE 37 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN 0'40'80'20' VALET PARkING DW 1 4 5 13 14 202134 35 38 39 40 4150 51 54 1 6 1415 3 4 5 2 1617 7 8 9 10 11 12 13 PAGE 38 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN UP F D F D FD FD FD UP UP UP FD 6" / 1 2 " 5 1/2 " /12" 5 1/2 " /12" 6" / 12"6" / 12"6" / 12"6" / 12" 6" / 1 2 " 3" / 12"6" / 12" 6" / 12"6" / 12"3" / 12" 3" / 1 2" 5 1/2" / 12"5 1/2" / 12" 3" / 1 2 " 6" / 1 2" 6"/1 2" 3" / 1 2 " 0 0 0 5 1 / 2 " / 1 2 " 5 1/2" / 12" 5 1/2" / 12" 5 1/2"/12" 5 1/2"/12" 3" / 1 2" 1/4"/F T 1/4" / 12" 1/4" / 12" SNOw CONTROL PLAN bYLIN RIM OR VALLEY PANEL GUTTER WITh bYLIN RIM SNOW FENCE ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 39 |AERIAL VIEw ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 40 |LETTUCE SHED LANE VIEw ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 41 |mAIN STREET VIEw ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 42 |w BENCHmARk RD ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 43 |ENTRANCE VIEw ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 44 |LETTUCE SHED LANE ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 45 |LETTUCE SHED LANE ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 46 |BUS DEPOT ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 47 | Natural Modern TExTURE DETAILS RUSTIC ExTERIOR ImAGERy ARCHITECTURE URBAN DESIGN INTERIOR DESIGN page 48 |north elevation LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 15 ' - 0 " 14 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 3 5 / 8 " PRIMARY RIDGE LINE 172'-4" USGS = 7455'-0" EXISTING GRADE PROPOSED GRADE MAX BUILDING HEIGHT = 80'-0" note: elevations updated per planning and zoning comments. refer to page 53 for changes ARCHITECTURE URBAN DESIGN INTERIOR DESIGN page 49 |eaSt elevation LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 3 3 / 8 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 172'-4" USGS = 7455'-0" EXISTING GRADE PROPOSED GRADE MAX BUILDING HEIGHT = 80'-0" note: elevations updated per planning and zoning comments. refer to page 54 for changes ARCHITECTURE URBAN DESIGN INTERIOR DESIGN page 50 |South elevation LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 3 3 / 8 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 172'-4" USGS = 7455'-0" MAX BUILDING HEIGHT = 80' - 0" EXISTING GRADE PROPOSED GRADE note: elevations updated per planning and zoning comments. refer to page 54 for changes ARCHITECTURE URBAN DESIGN INTERIOR DESIGN page 51 |WeSt elevation LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 4 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 172'-4" USGS = 7455'-0" MAX BUILDING HEIGHT = 80' - 0" EXISTING GRADE PROPOSED GRADE note: elevations updated per planning and zoning comments. refer to page 54 for changes ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 52 |mATERIAL BOARD CertainTeed Landmark Shingles Weathered Wood 3-Coat Stucco Merino Tan Firestone Roofing Dark Bronze CertainTeed Weather Board Stone Brown Sierra Pacific Windows Mocha 098 CertainTeed Weather Board Heather Glen Gery Stone - Granite Exterior Sconce - LBL Lighting CertainTeed Weather Board Merino Tan Custom Fabricated Blackened Steel 1 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 8 9 ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 53 | 3-Coat Stucco Merino Tan CertainTeed Weather Board Stone Brown CertainTeed Weather Board Heather CertainTeed Weather Board Merino Tan NORTH wEST ELEVATION Existing elevation Proposed elevation Add juliette balcony at level 4 Add balconies at levels 2 and 3 Add balcony divider at level 2 and 3 Add roof at level 4 ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 54 |TRANSIT CENTER Added planter box Increased glazing area at sales office Added stone and bench Removed vent widen stair to 8’-0” Removed concrete/added stone ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 55 |TRANSIT CENTER BEFORE LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 3 3 / 8 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 172'-4" USGS = 7455'-0" MAX BUILDING HEIGHT = 80' - 0" EXISTING GRADE PROPOSED GRADE ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 56 |TRANSIT CENTER AFTER LEVEL 1100' - 0" LEVEL 2114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL85' - 0" 15 ' - 4 1 / 4 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 172'-4" USGS = 7455'-0" MAX BUILDING HEIGHT = 80' - 0" EXISTING GRADE PROPOSED GRADE ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 57 |mAIN ENTRANCE Add juliette balcony at level 5 Bank windows on levels 2, 3, and 4 together to increase scale Change top floor material from stucco to panel system PAGE 58 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN NORTH HEIGHT ANALySIS 7450 7455 7450 7455 7450 7455 7450 7455 745 0 7450 7451 7452 7453 7446 7446 7447 7447 7448 7449 7451 7452 7453 7454 7456 7456 7447 7447 7448 7448 7449 7451 7452 7453 7454 7456 7456 7448 7448 7449 7449 7451 7452 7453 7454 7456 7457 7457 74 51 7452 7453 74 54 7451 7452 7446 7446 7447 7447 7447 7447 7448 7448 7449 7 4 5 7 7457 7456 7 4 5 4 7 4 5 6 7 4 5 2 7454 7454 7453 7453 7 4 53 7452 7453 7452 7451 7455 7 4 5 5 LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 15 ' - 0 " 1 4 ' - 0 " 1 1 ' - 0 " 1 1 ' - 0 " 1 1 ' - 0 " 1 1 ' - 0 " 1 4 ' - 3 3 / 8 " PRIMARY RIDGE LINE 173'-10" EXISTING GRADE PROPOSED GRADE 71 ' - 1 1 1 / 4 " USGS = 7528'-10" 68 ' - 1 0 " 68 ' - 1 0 " 68 ' - 1 0 " 68 ' - 1 0 " 72 ' - 3 3 / 8 " T.O RIDG E - EXIS T I N G 7523'-10 " T.O RIDG E - EXIS T I N G 752 2'-10 " T.O. RI D G E - PRO P O SED 752 2'-10 " T.O. RI D G E - PRO P O SED 752 3'-10 " 7448 7449 7450 7451 7448 7447 7447 7452 7453 T.O RID G E - A 752 3' - 1 0 " T.O RIDG E - C 7527' - 4 " T.O RIDG E - D 7527' - 4 " T.O RID G E - E 752 7' - 4 " T.O RID G E - B 752 7 ' - 2 1/2" T.O RIDG E - PRO P O SED 752 7' - 4 " T.O RIDG E - F 7527' - 4 " POINTELEV.HEIGHT A7523'-10"75' - 10" B7527'- 2 1/2"79' - 2 1/2" C7527'- 4"78'- 4" D7527'- 4"77'- 4" E7527'- 4"76'- 4" F7527'- 4"75'- 4" PAGE 59 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN EAST HEIGHT ANALySIS 7450 7450 7 455 7450 7455 7450 7455 7 450 7450 7450 7 4 49 7451 7446 7446 7447 7447 7448 74 4 9 7451 7452 7453 7454 7456 7456 7447 7447 7448 744 8 74 4 9 7451 7452 7453 7454 7456 745 6 7448 744 8 7449 7 4 4 9 7 4 51 7452 7453 7454 7456 7457 7457 7451 7 4 5 2 7453 745 4 74 51 7452 7446 7446 7447 7 4 47 7447 7447 7448 7 4 48 74 49 7 4 4 9 7 7456 7457 7456 7452 7 4 5 4 7454 7453 7453 7 4 5 2 7453 7 4 5 2 7451 74557450 LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 3 3 / 8 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 173'-10" USGS = 7455'-0" EXISTING GRADE PROPOSED GRADE 75 ' - 3 3 / 8 " 75 ' - 3 3 / 8 " 20 ' - 7 1 / 2 " 20 ' - 7 1 / 2 " USGS = 7528'-10" 69 ' - 1 0 " 69 ' - 1 0 " 75 ' - 1 0 " 75 ' - 1 0 " T.O RIDG E - PRO P O SED 7527' - 4 " T.O RIDG E - PRO P O SED 752 3' - 1 0 " T.O RID G E - P R O P O S E D 7 52 3'-10" T.O RID G E -A 7 52 3'-1 0" T.O RID G E - E XIS TIN G 75 23'-10" T.O RID G E -C 75 27'-4" T.O RID G E -D 75 27'-4" T.O RID G E -E 7527'-4" T.O RID G E -B 7 52 7'-2 1/2" T.O RID G E -F 7 52 7'-4" 7448 7 4 4 9 7 4 5 0 7 4 5 1 7448 7447 7447 7 4 5 2 7453 POINTELEV.HEIGHT A7523'-10"75' - 10" B7527'- 2 1/2"79' - 2 1/2" C7527'- 4"78'- 4" D7527'- 4"77'- 4" E7527'- 4"76'- 4" F7527'- 4"75'- 4" PAGE 60 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN SOUTH HEIGHT ANALySIS 7450 7450 7455 7450 7455 7450 7455 7450 7455 7 4 50 7450 7452 7452 7453 7449 7 4 5 1 7452 7453 7446 7446 7447 7447 7448 7449 7451 7452 7453 7454 7456 7456 7447 7447 7448 7448 7449 7451 7452 7453 7454 7456 7456 7448 7448 7449 7449 7451 7452 7453 7454 7456 74 57 745 7 7451 7452 7453 7 454 7451 7452 7446 7446 7447 7447 7447 7447 7448 7448 7449 7452 7448 7449 7451 7457 457 7 4 5 6 7454 7456 7 4 5 2 7454 74 5 4 7 4 5 3 74 5 3 7 453 7452 7 4 5 3 7452 7451 7 4 5 5 7455 7450 LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 3 3 / 8 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 173'-10" USGS = 7455'-0" EXISTING GRADE PROPOSED GRADE 78 ' - 1 3 / 8 " 78 ' - 1 3 / 8 " 75 ' - 1 0 " 75 ' - 1 0 " USGS = 7528'-10" 69 ' - 1 0 " 69 ' - 1 0 " T.O. RI D G E - PRO P O SED 752 7' - 4 " T.O. RID G E PRO P O SED 752 3'-10 " T.O RIDG E - EXIS T I N G 7523'-10 " T.O RID G E - E XIS TIN G 75 23'-1 0"T.O.RID G E - P R O P O S E D 7 52 3'-10"T.O RID G E -C 75 27'-4" T.O RID G E -D 75 27'-4" T.O RID G E -E 7 52 7'-4" T.O RID G E -B 752 7'-2 1/2" T.O RID G E -F 75 27'-4" T.O RID G E -A 75 23'-1 0" 7448 7449 7450 7451 7448 7447 7447 7452 7453 POINTELEV.HEIGHT A7523'-10"75' - 10" B7527'- 2 1/2"79' - 2 1/2" C7527'- 4"78'- 4" D7527'- 4"77'- 4" E7527'- 4"76'- 4" F7527'- 4"75'- 4" PAGE 61 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN 7450 7450 7455 7450 7455 7450 7455 7450 7455 7 4 50 7450 7452 7452 7453 7449 7451 7452 7453 7446 7446 7447 7447 7448 7449 7451 7452 7453 7454 7456 7456 7447 7447 7448 7448 7449 7451 7452 7453 7454 7456 7456 7448 7448 7449 7449 7451 7452 7453 7454 7456 7457 7457 7451 7452 7453 7 454 7451 7452 7446 7446 7447 7447 7447 7447 7448 7448 7449 7452 7448 7449 7451 7457457 7456 74547456 7 4 5 2 7454 7454 7453 74 5 3 7 453 7452 7453 7452 7451 7455 7455 7450 LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 3 3 / 8 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 173'-10" USGS = 7455'-0" EXISTING GRADE PROPOSED GRADE 78 ' - 1 3 / 8 " 78 ' - 1 3 / 8 " 75 ' - 1 0 " 75 ' - 1 0 " USGS = 7528'-10" 69 ' - 1 0 " 69 ' - 1 0 " T.O. RI D G E - PRO P O SED 7527' - 4 " T.O. RID G E PRO P O SED 752 3'-10 " T.O RIDG E - EXIS T I N G 7523'-10 " T.ORIDGE- EXISTING 7523'-10"T.O.RIDGE- PROPOSED 7523'-10"T.ORIDGE-C 7527'-4" T.ORIDGE-D 7527'-4" T.ORIDGE-E 7527'-4" T.ORIDGE-B 7527'-21/2" T.ORIDGE-F 7527'-4" T.ORIDGE-A 7523'-10" 7448 7449 7450 7451 7448 7447 7447 7452 7453 POINTELEV.HEIGHT A7523'-10"75' - 10" B7527'- 2 1/2"79' - 2 1/2" C7527'- 4"78'- 4" D7527'- 4"77'- 4" E7527'- 4"76'- 4" F7527'- 4"75'- 4" wEST HEIGHT ANALySIS 7450 7450 7455 7450 7450 7452 7452 7452 7453 7449 7 4 51 7452 7453 7446 7446 7447 7447 7448 7449 7451 7452 7453 7454 7456 7456 7447 7447 7448 7448 7449 7451 7446 7446 7447 7447 7447 7447 7448 7448 7449 7452 7448 74497451 7454 7453 7 453 7452 7450 LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 14 ' - 4 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 11 ' - 0 " 14 ' - 0 " 15 ' - 0 " PRIMARY RIDGE LINE 173'-10" USGS = 7455'-0" EXISTING GRADE PROPOSED GRADE 78 ' - 2 1 / 2 " 67 ' - 1 1 3 / 4 " 14 ' - 9 " 15 ' - 0 " 12 ' - 1 1 7 / 8 " 12 ' - 1 1 7 / 8 " 78 ' - 6 1 / 4 " MAX HEIGHT - 80'-0" ABOVE EXISTING GRADE USGS = 7528'-10" 67 ' - 3 " 75 ' - 1 0 " 75 ' - 4 " T.O. RI D G E - PRO P O SED 752 1'-0"T.O RIDG E - EXIS T I N G T.O. RI D G E - PRO P O SED 752 3' - 1 0 " T.O RID G E - A 752 3' - 1 0 " T.O. RI D G E - PRO P O SED 752 7 ' - 2 1/2" T.O RIDG E - C 752 7' - 4 " T.O RIDG E - D 752 7' - 4 " T.O RID G E - E 752 7' - 4 " T.O RID G E - B 7527 ' - 2 1/2" 74 4 8 74497450 7 4 5 1 74 4 8 74 4 7 74 4 7 POINTELEV.HEIGHT A7523'-10"75' - 10" B7527'- 2 1/2"79' - 2 1/2" C7527'- 4"78'- 4" D7527'- 4"77'- 4" E7527'- 4"76'- 4" ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 62 |HEIGHT BLANkET STUDy ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 63 | LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" 13 ' - 0 " 7' - 0 " RETAIL 118 wALL SECTIONS / BUILDING STEP DIAGRAmS LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" PARKING LEVEL 85' - 0" 13 ' - 9 " 5'-0" 72 ' - 4 " R I D G E 57 ' - 8 " SALES 117 ELECTRICAL 023 13 X 2 X SECTION A SECTION B A B C D E F BA ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 64 | LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" 68 ' - 8 " R I D G E VA R I E S INDOOR WHIRLPOOL 129 LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" 11 ' - 3 " 13'-1" 56 ' - 2 " 3 X 4 X SECTION C SECTION D A B C D E F wALL SECTIONS / BUILDING STEP DIAGRAmS C D ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 65 | LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" 6'-1" LEVEL 1 100' - 0" LEVEL 2 114' - 0" LEVEL 3 125' - 0" LEVEL 4 136' - 0" LEVEL 5 147' - 0" ATTIC 158' - 0" 10'-11"26'-11" LOBBY 10123 ' - 1 " 5 X 1 X SECTION E SECTION F A B C D E F wALL SECTIONS / BUILDING STEP DIAGRAmS E F PAGE 66 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN ENTRANCE CLEARANCE F D F D FD FD FD cl e a r 7' - 6 " . cl e a r 8' - 4 " LEVEL 1 100' - 0" LEVEL 2 114' - 0" PARKING LEVEL 85' - 0" cl e a r 14 ' - 0 " . 1 P15 ARCHITECTURE URBAN DESIGN INTERIOR DESIGN PAGE 67 |AUTO COURT wALL PARKING LEVEL 85' - 0" PARKING LEVEL 85' - 0" UP UP UP 1 2 Section 1 Section 2 PAGE 68 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN mARCH 21/JUNE 21 9:00 Am mARCH 21 12:00 Pm mARCH 21 3:00Pm mARCH 21 9:00 Am JUNE 21 12:00 Pm JUNE 21 3:00 Pm JUNE 21 SHADOw ANALySIS Using 3D modeling software a surface was created which incor- porates existing and proposed grades on the Avon Wyndham site. The building was modeled and major site elements were created to enhance the accuracy of the study. Using the location of Avon, Colorado the sun was positioned at 9:00 am, 12:00 pm, and 3:00 pm on the two solstices and equinoxes of the year; the 21st of March, june, September, and December. On the solstice the sun is at its most extreme high or low position in the sky giving the minimum and maxi- mum distance of shadow throw, whereas the equinox is a good middle ground between the two ex- tremes and provides a good “aver- age” shadow depiction. PAGE 69 |ARCHITECTURE URBAN DESIGN INTERIOR DESIGN SEPTEmBER 21/DECEmBER 9:00 Am SEPTEmBER 21 12:00 Pm SEPTEmBER 21 3:00Pm SEPTEmBER 21 9:00 Am DECEmBER 21 12:00 Pm DECEmBER 21 3:00 Pm DECEmBER 21 At t a c h m e n t B to 2/ 1 / 1 3 St a f f Re p o r t At t a c h m e n t B to 2/ 1 / 1 3 St a f f Re p o r t At t a c h m e n t B to 2/ 1 / 1 3 St a f f Re p o r t At t a c h m e n t B to 2/ 1 / 1 3 St a f f Re p o r t At t a c h m e n t B to 2/ 1 / 1 3 St a f f Re p o r t At t a c h m e n t C to 2/ 1 / 1 3 St a f f Re p o r t JOHNSON & REPUCCI LLP ATTORNEYS AND COUNSELORS AT LAW 2521 BROADWAY, SUITE A BOULDER, COLORADO 80304 TELEPHONE 303-442-1900 Eben P. Clark TELEFAX 303-442-0191 BOULDER epclark@j-rlaw.com www.j-rlaw.com WINTER PARK December 13, 2012 {00222544 / 3 } VIA E-MAIL AND FIRST CLASS MAIL Planning and Zoning Commission, Town of Avon c/o Matt Pielsticker, Planner II P.O. Box 975 Avon, CO 81620 [mpielsticker@avon.org] Re: Lot 61 Rezoning / Major Project Plan Application Project Number: REZ12001 / MJR12006 To the Town of Avon Planning and Zoning Commission: This firm represents the Avon Center at Beaver Creek - I Homeowners Association, Inc. (“Avon Center”) with regard to the above referenced Application submitted by OZ Architecture on behalf of Wyndham Vacation Resorts, Inc. (“Applicant”). Avon Center lies directly to the north of Applicant’s proposed timeshare lodge project (“Project”) located on Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (“Lot 61” or the “Property”). I. Introduction Avon Center sees numerous problems with the Application and Project as presently proposed. These issues include the Applicant’s clear intent to avoid providing community benefits otherwise required by the Town of Avon Land Use Code (“Code”), failure to follow the required governmental and legal processes for Town approval, and the failure of the Applicant to meet the basic requirements for the approvals sought. The present process seeks to circumvent the Planned Unit Project (“PUD”) process under which the past applications for the Property have been reviewed. The PUD process is the land use process that most clearly fits this Project based on its mixed-use nature and the numerous deviations from the Code required to permit construction of the Project as proposed. II. Lack of Legally Adequate Notice and Opportunity to Be Heard. As a preliminary matter, Avon Center must object to the Town’s failure to adequately notice the present hearing, and all previous hearings on this Application. The owners, occupants and registered agent of Avon Center have not received legally adequate notice of any of the proceedings affecting Lot 61, and have not been allowed an adequate opportunity to be heard on the matter. In addition, despite a direct, written request from this office that all public notices be Attachment C to 2/1/13 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 2 {00222544 / 3 } provided to us on behalf of Avon Center, we have received only last minute, informal notice of these proceedings and the changes to the Application that have occurred throughout this process. III. Improper Use of Land Use Regulations to Avoid PUD Regulations and All Application Requirements Necessary to Support a Complete Application Proposed projects on Lot 61 have been dealt with in the PUD process several times in the past, and the site is far better suited for the PUD process. At present, Applicant is clearly trying to avoid the PUD process, and the Commission and the Town should ask why. As with previous applications for the Property, the Project is truly a mixed-use project. The Project includes commercial uses such as retail, a lounge that is open to the public and the transit center that is located on the south side of the Property. Applicant argues that these uses are Accessory Uses that are subordinate to the primary use of Timeshare Lodge. However, Accessory Uses are those that naturally arise from the primary use, and are not separate, stand alone uses generally available to the public. Furthermore, under the Code an Accessory Use cannot be established before the primary use. Instead, it can only be established under and remain a part of the primary use. Here, the transportation use has been established and operating for several years. Furthermore, the lounge and retail uses are clearly targeted at the public. Therefore, none of these uses arises only from the primary, timeshare use, and all of the uses are intended for use by the general public, not only the timeshare residents. Therefore, the present Application is truly for a mixed-use Project that is best dealt with under the PUD process. The answer to why Applicant is seeking to avoid the PUD process should be apparent. By avoiding this process, Applicant avoids the various requirements of the PUD process. These requirements include providing the general public with various studies, reports and information about the Project and the burdens and benefits connected with it. A PUD applicant must also show that the proposed Project is beneficial for the community and meets a community need. Finally, and perhaps most telling, the PUD process would require Applicant to provide on-site employee housing of up to ten percent (10%) of the Project’s floor area. These requirements are not attractive to an applicant, but they are in place in the Code for the benefit of the Avon community. The Town should not, and cannot, arbitrarily waive these requirements and allow Applicant to avoid them based on a desire to approve any specific project or for the benefit of any specific Applicant. IV. Improper Use of Land Use Regulations to Incorporate Public Property and Easement Areas for Private Benefit and to Avoid Public Input and the Variance Process Applicant originally sought two variances that were necessary based on the useable area of Lot 61. Applicant initially sought a variance of the applicable lot coverage ratio and a variance for reduction of the requisite landscape area. In its initial application, Applicant itself Attachment C to 2/1/13 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 3 {00222544 / 3 } stated that one reason for seeking the variance from lot coverage was a desire to avoid the requirement for on-site employee housing at the Project. Since the date of the initial application, Staff and Town Council have decided that Lettuce Shed Lane and the Bus Stop Easement Area located on the Property ought to be incorporated into the Property for the purposes of the lot coverage and landscaping calculations, thus removing any requirement for a variance or the possibility of an employee housing requirement. In essence, the Town is “lending” its property to Applicant to ease the approval of the Application. It does not appear there was ever any properly noticed public hearing to discuss this concept. In any event, there is simply no process or provision under the Code that allows this, and Staff, Town Council and the Town Attorney have made no attempt to explain the basis for this action. In fact, the definitions set forth in the Code specifically contradict this action. Under the Code, the definition of “Lot”, “Lot Coverage” and “Landscape Area” make it clear that only areas owned by the applicant are included in a Lot, only areas that are developable are considered in Lot Coverage calculation, and a Landscape Area calculation cannot include paved walkways and parking areas. Therefore, not only is this incorporation of public areas for the benefit of a private Project not supported by the Code, this action is specifically contrary to Code provisions and is in violation of the controlling Colorado law. As the Colorado Court of Appeals stated in Sherman v. City of Colorado Springs Planning Commission, 680 P.2d 1302, 1304 (Colo. App. 1983), an administrative body is not allowed to exercise discretion that is not built into its zoning ordinance. Here, no Town body can grant an Applicant rights not provided for in the Code. The benefits of this sleight of hand to Applicant are obvious. First, Applicant avoids the necessity of obtaining two variances in the present process, and therefore limits public input on the Project. Applicant also avoids the requirement to include employee housing in the Project and accept the corollary loss of floor area. This requirement would arise from a lot coverage ratio over fifty percent (50%). Under the Code, the Lot coverage standard of fifty percent (50%) can be increased to eighty percent (80%), if the Applicant were to provide employee housing in accordance with the Town's own formulas. Applicant stated this fact in its initial Application. These actions raise greater questions for the Town and the Applicant. How can the Town reconcile taking an action that lacks any support whatsoever in the Code or Colorado law, and specifically, how can the Town do so for the purpose of providing public property for a private benefit in the land use application process? V. Lack of Adequate Mitigation of Parking, Loading and Snow Storage Impacts and Improper Use of Regulations to Claim Shared Parking Credits Applicant is also trying to avoid meeting the reasonable parking, loading and snow storage requirements. Attachment C to 2/1/13 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 4 {00222544 / 3 } With regard to parking, Applicant is trying to take advantage of a provision in the Code that allows for a fifteen percent (15%) reduction in the parking requirements based on the mix of uses in the Project. The present Application does include food service, timeshare, retail, and transportation. However, these are not a combination of uses as required under the Code in order to qualify for the parking reduction. Each is a separate use. At the same time, Applicant is arguing that it is not a mixed-use project. Furthermore, a number of the spaces included in the calculation are of questionable viability and would require long term parking in areas that are clearly intended for circulation. In fact, two of these spaces are located directly in front of the primary entryway to the Project and do not appear to be usable as a practical matter. Applicant has also made no attempt to address the standard required loading areas. Pursuant to the Code, these loading areas are required to be enclosed within the structure itself. In the Project as proposed, the Code would require two large, enclosed loading berths. Instead, Applicant proposes that loading and trash removal for the Project be permitted on and through Lettuce Shed Lane, an area that is supposedly dedicated to pedestrian use. The Project would have no loading bays within the premises, as is typically required. This is one of many basic, straightforward Code requirements that are simply not met by the Application. Similarly, there appears to be no provision for snow storage on the Property. This situation has obvious drawbacks in the alpine environment. In fact, with the high lot coverage ratio proposed here, the Applicant will inevitably store snow from its site on the neighboring properties and the adjacent public property. Parking, loading and snow storage are extremely important issues in the mountain communities and represent some of the primary ways in which new development impacts the existing neighbors. As is the case with each of these issues, new development like the Project imposes its impacts off-site and on its neighbors. For example, in the present case, if there is not sufficient on-site parking, those arriving at the Project will inevitably hunt for parking and use the spaces reserved for neighboring properties or those dedicated to the neighboring retail uses. Avon Center already experiences numerous problems with unauthorized “poaching” of parking spaces within the surface lot and interior garage area dedicated exclusively for the use of the owners, guests and invitees of Avon Center. The Applicant’s plan to underpark the Project will only further exacerbate the Avon’s Center’s ongoing parking issues. Likewise, Applicant’s desire to conserve enclosed space by loading on Lettuce Shed Lane will have noise and visual impacts, and will result in litter in the public areas. Finally, as all mountain communities know, the snow will need to be stored somewhere. When snow is piled on lot lines or sheds off roofs, it inevitably lands on the neighboring properties or impedes use of public areas. This is not an issue of convenience – it is an issue of fundamental fairness to the Project’s neighbors. Attachment C to 2/1/13 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 5 {00222544 / 3 } VI. Applicant’s Failure to Meet the Specific Elements Necessary for Rezoning, and Relief from the Comprehensive Plans. There are a wide variety of technical requirements under the Code which the proposed Project does not meet. These range from the fact that the Project will not be LEED certified, to the basic facilities questions mentioned above. A summary of several of Applicant’s specific requests is provided here. However, this list is not exhaustive and Avon Center reserves any and all rights it has to object to the Project throughout the ongoing review process. a. Zoning Map Amendment One of the principal requests in the Application is for a Zoning Amendment that would rezone the Property to “Town Center” zoning. Again, the Property has, in the past, been treated as a PUD. Therefore, among the questions before the Commission is the basic inquiry whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned. The Property has been subject to several PUD regimes. There was a PUD approved in 1999 that appears to have lapsed, but has not been formally invalidated. There was the 2004 PUD which was invalidated by Court Order in 2006 based on a finding that Town Council had acted arbitrarily, capriciously and contrary to the provisions of its own land use code in approving that PUD plan. Applicant’s present desire to avoid the PUD process may have its roots in this process. Again, avoiding the PUD process allows Applicant to avoid various general public benefits required in the Code. However, there is a specific requirement that appears again in this context. As mentioned above and in Applicant’s initial application, Applicant would prefer to avoid the requirement to provide employee housing. According to the earlier PUD approvals, Applicant would be required to construct employee housing units equal to ten percent (10%) of the dwelling units on site. Therefore, there appears to be an ongoing theme of Applicant attempting to avoid processes mandated by the Code which would result in the imposition of an employee housing requirement. Therefore, the question above becomes: “Has the character of the surrounding area changed at all, and if so are those changes sufficient to merit allowing Applicant to avoid its obligation to provide employee housing under the Code?” Lot 61 is critical to downtown Avon and is a challenged site. This site and the proposed Project are especially well suited for treatment as a PUD in order to allow the flexibility of uses and guidelines requested by the Applicant, and in order to provide the variety of community benefits a project such as this can bring to the area. Attachment C to 2/1/13 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 6 {00222544 / 3 } b. Comprehensive Plans Lot 61 is the subject to both the Avon Comprehensive Plan ("Comp Plan") and the Avon West Town Center District Investment Plan. In addition, Lot 61 is the subject of the specific recommendations within the Avon West Town Center District Investment Plan. In the Application, Applicant argues that all comprehensive plan provisions are discretionary based on recent revisions to the Code. Applicant, however, has disregarded the Code’s three-part test for relief from the application of the comprehensive plans. The Project is not in compliance with a number of the Comp Plan requirements. For example, the Project does not comply with the requirements for retail use on the ground floor, LEED certification and general energy conservation. The Project also does not meet the design requirements specific to Lot 61, such as the incorporation of the transit facility into the enclosed space in the building and the design requirements for retail arcade. One of the criteria for relief from these requirements under the "advisory" language offered by Applicant is that strict compliance with multiple provisions of the Comp Plan is not practical. However, in the Application, Applicant does not provide any evidence to support its assertion that compliance with any of these requirements is not practical. Instead, Applicant simply seeks to avoid the additional requirements imposed by the Comprehensive Plan in order to avoid the burdens of associated with them. VII. Conclusion Based on the foregoing, the Application appears to be an attempt to dodge certain Code provisions while taking advantage of others with the goal of avoiding the requirements that provide important community benefits typically required of such projects. Applicant is inviting the Town down a similar path to that which was pursued with the 2004 PUD. That path resulted in the Town taking actions that were not supported by the Code. Those actions were ultimately found to be arbitrary, capricious and in excess of the authority afforded the Town under Colorado law. Hence, the prior application process was found to be unlawful, and the resulting approvals were invalidated by District Judge Moorhead. See Order Declaring Ordinance No. 04- 01 Invalid dated April 27, 2006, District Court, Eagle County, Colorado, Case Number: 04CV151. The foregoing is not an exhaustive list, and Avon Center reserves any and all rights it has to object to the Project throughout the review process. Based on these issues and others in the Application, the Planning and Zoning Commission (“Commission”) must ask itself whether it can recommend approval of an application, such as the present Application, with basic questions as to its legality and clear gaps in its compliance with the Avon Town Code. Avon Center objects to the Project and asks that the Commission consider the irregularities and deficiencies summarized above and refuse to recommend approval of the Attachment C to 2/1/13 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 7 {00222544 / 3 } Application to Town Council. In the alternative, the Commission can table this matter to allow time for the issues outlined in this letter to be addressed. Avon Center and its neighbors remain open to communication from Applicant on how to address the present shortcomings of the Application. Thank you for considering these comments. Cordially, JOHNSON & REPUCCI, LLP _____________________________ Eben P. Clark, Of Counsel :epc cc: Avon Center at Beaver Creek - I Homeowners Association, Inc. Attachment C to 2/1/13 Staff Report Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com HEIL LAW TO: Honorable Chairperson Green and Avon Planning and Zoning Commission FROM: Eric Heil, Town Attorney RE: Lot 61/Wyndam Application: Dec. 13, 2012 Comment Letter from Eben Clark representing Avon Center DATE: December 14, 2012 Summary: This memorandum provides my initial response to the Planning and Zoning Commission (“PZC”) with regard to legal issues raised in a letter received by the Avon Town Staff, dated December 13, 2012 from Mr. Eben Clark representing the Avon Center, which letter provided comments on the Lot 61/Wyndam Application (“Application”). This memorandum only provides an initial response because the letter from Mr. Clark was received by my office yesterday afternoon. Public Hearing Notice: Mr. Clark complains that there has been a failure to adequately notice the present hearing; however, Town Planner Jared Barnes sent an e-mail message and the application documents to Mr. Clark on December 3, 2012, and notified Mr. Clark that the PZC public hearing was continued to December 18, 2012. No previous public hearings have occurred on the Application. Adequate notice of the December 4, 2012 public hearing was provided in accordance with the Avon Municipal Code and Mr. Barnes’ e-mail of December 3, 2012 provided adequate notice to Mr. Clark of the continued public hearing to be held on December 18, 2012. Rezoning: The Applicant is entitled to submit an application for rezoning in accordance with the Avon Development Code (Title 7 of the Avon Municipal Code). The PZC is required to consider the Application and consider all information, reports and public comments received during the public hearing process, then to render a decision based upon the applicable review criteria set forth in the Avon Development Code. Use of Town of Avon Property and Right-of-Way: The Town may consent to allow an applicant to incorporate portions of Town owned property and right-of-ways into applications. The Avon Town Council provided such consent with a clear statement that such consent did not constitute approval of the application to be submitted and that such application would be subject to review through the required public process. Mr. Clark’s letter states, “In essence, the Town is “lending” its property to Applicant to ease the approval of the Application. It does not appear there was ever any properly noticed public hearing to discuss this concept.” As stated above, the Town’s Council only decision was to consent to allow the Applicant to submit an application which proposed utilizing Town property and right-of-way. The Town Council has not considered the merits of the Application nor has the Town Council had the opportunity to do so because the Town Council has not yet received the complete Application for review and consideration. The public hearing to consider the actual merits of the Application is scheduled by the PZC on December 18, 2012. The Avon Town Council must conduct its own public hearing before any final decision is made regarding the Application and any proposed use of Town owned property or right-of-ways. Parking, Loading and Snow Storage: These matters are addressed in the Town Staff’s report and are the proper issues to be considered by the PZC at the public hearing. MEMORANDUM & PLANNING LLC Attachment C to 2/1/13 Staff Report Avon Planning and Zoning Commission Lot 61/Wyndam Project: Clark Letter December 14, 2012 Page 2 of 2   Compliance with Review Criteria for Rezoning and Compliance with Comprehensive Plan: These matters are addressed in the Town Staff’s report and are proper issues to be considered by the PZC at the public hearing. Conclusion: It is my opinion that there is neither a legal procedural defect in the noticing process nor a legal substantive defect in the nature of the Application which proposes to utilize portions of Town property and right-of-way which would somehow preclude the PZC from legally conducting the public hearing scheduled for December 18, 2012 or somehow preclude the PZC from legally taking action to make a recommendation to the Avon Town Council on the Application. Thank you, Eric Attachment C to 2/1/13 Staff Report       Ord 13-03 Lot 61 Rezoning February 12, 2013 First Reading Page 1 of 5    TOWN OF AVON, COLORADO ORDINANCE 13-03 SERIES OF 2013 AN ORDINANCE APPROVING A REZONING APPLICATION FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT TO THE TOWN CENTER (TC) ZONE DISTRICT, FOR LOT 1, A RESUBDIVISION OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY; APPROVING A MAJOR DEVELOPMENT PLAN APPLICATION; APPROVING AN ALTERNATIVE EQUIVALENT COMPLIANCE APPLICATION; AND APPROVING A DEVELOPMENT AGREEMENT FOR “WYNDHAM – LOT 61”, LOCATED ON LOT 1, A RESUBDIVISION OF 61, BLOCK 2, BENCHMARK AT BEAVER CREEK WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; WHEREAS, Wyndham Worldwide Vacation Ownership (“Applicant”) owns real property in the Town, described as follows: “Lot 1, A Resubdivision of Lot 61, an Amendment to Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (“Property”)”; WHEREAS, the Applicant submitted a Rezoning Application to rezone the Property from the currently zoned Planned Unit Development (PUD) Zone District, to the Town Center (TC) Zone District, a Variance Application, a Major Development Plan Application, and an Alternative Equivalent Compliance Application (collectively the “Application”) to the Town’s Community Development Department on September 24, 2012; WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held public hearings on December 4, 2012, December 18, 2012, and January 15, 2013; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact, to make a recommendation to the Town Council; WHEREAS, after conducting these noticed Public Hearings, PZC made the required findings to approve the application; WHEREAS, the Town Council held Public Hearings on February 12, 2013 and __________________ after posting notice of such hearing in accordance with the requirements Attachment D to 2/1/13 Staff Report       Ord 13-03 Lot 61 Rezoning February 12, 2013 First Reading Page 2 of 5    of AMC §7.16.020(d), Step 4: Notice, and considered all comments provided before taking action; WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for a Zoning Amendment; WHEREAS, the Applicant and Town Staff have jointly prepared a Development Agreement (“Agreement”) for Town Council consideration that will equitably and reasonably address various rights and obligations related to ongoing maintenance, revenues and liabilities to promote the successful development and operation of the project on the Property; WHEREAS, in accordance with AMC §7.12.030 (c), Town Council and AMC §7.12.050(c) and (d) and in addition to other applicable regulations in the Avon Municipal Code, authority granted by the Town Charter, or State of Colorado, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; WHEREAS, pursuant to AMC §7.16.080(f), Review Criteria, and AMC §7.16.090(f), Review Criteria, and AMC §7.16.120(d), Review Criteria, the Town Council has considered the applicable review criteria for a Major Development Plan, Design Plan, and Alternative Equivalent Compliance application respectively; WHEREAS, the Town Council finds that the approval of the Application is in compliance with the mandatory review criteria as described in the Findings of Fact and Record of Decision, and will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006, and the Avon West Town Center District Investment Plan, dated August 2007, and will advance the general welfare of the Town; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1 Recitals Incorporated. The above and foregoing Recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2 Zoning Map Amendment Approved. The Application to rezone the Property from the Planned Unit Development (PUD) Zone District to the Town Center (TC) Zone District is hereby approved. The Official Zoning Map of the Town of Avon shall be amended to change the zoning classification of the Property to Town Center (TC). Attachment D to 2/1/13 Staff Report       Ord 13-03 Lot 61 Rezoning February 12, 2013 First Reading Page 3 of 5    Section 3 Major Development Plan. The Major Development Plan and Alternative Equivalent Compliance Applications are hereby approved, attached hereto as Exhibit A: Lot 61 Major Development Plan. The approval of the Major Development Plan and Alternative Equivalent Compliance Applications are subject to the following conditions: 1. Building height will be confirmed at foundation and framing inspections to ensure compliance with the 80’ maximum height requirement for the Town Center (TC) zone district; 2. All potential exterior signage must be approved by the PZC with a Master Sign Program application submitted by the property owner; 3. Pursuant to AMC §7.28.090(j)(3)(iv), Common Spaces, the Applicant will provide park benches (to the specifications of the Main Street Plan), or other street furniture acceptable to the Town Manager, or designee, in the common space at northwest corner of the building where the decorative patio is indicated; 4. The applicant will provide a drawing of the proposed color and material on-site mockup for review and approval by Town Council prior to the construction of the; this approval may be delegated to PZC; and 5. Final approval of the building materials and colors will be by the Town Council after reviewing an on-site mockup; this approval may be delegated to PZC; and 6. The air intake louver on the South side of the building, immediately adjacent to the bus stop, will be relocated to any other building elevation and the relocation will be verified by the Town’s Community Development Staff prior to a building permit submittal. Section 4 Approval of Development Agreement. The Development Agreement is hereby approved. The Mayor is authorized to execute the Development Agreement, attached hereto as Exhibit B: Lot 61 Development Agreement. Section 5 Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6 Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Attachment D to 2/1/13 Staff Report       Ord 13-03 Lot 61 Rezoning February 12, 2013 First Reading Page 4 of 5    Section 7 Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8 No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9 Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on Second Reading by title in at least three (3) public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. Section 10 Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. [EXECUTION PAGE FOLLOWS] Attachment D to 2/1/13 Staff Report       Ord 13-03 Lot 61 Rezoning February 12, 2013 First Reading Page 5 of 5    INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on February 26, 2013 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. ____________________________ Rich Carroll, Mayor Published by posting at the Avon Town Hall, Avon Recreation Center and the Avon Public Library, at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 26, 2013. ____________________________ Rich Carroll, Mayor Published by posting by title at the Avon Town Hall, Avon Recreation Center and the Avon Public Library. ATTEST: __________________________ Patty McKenny, Town Clerk Attachment D to 2/1/13 Staff Report Lot 61 – Wyndham Development Agreement  February 12, 2013 Town Council Meeting                                                      Page 1 of 2        TOWN COUNCIL REPORT  To:  Honorable Mayor Rich Carroll and Avon Town Council  From:   Matt Pielsticker, Planner II       Date:   February 7, 2013  Agenda topic:  Lot 61 – Wyndham – Development Agreement       Introduction  This report supplements the financial report provided by Scott Wright, and highlights the responsibilities  of the Town and the Owner outlined in the Development Agreement (“Agreement”) for Lot 61.  The  attached Agreement clearly defines public and private improvements, and outlines ongoing maintenance  responsibilities for the parties.   Some of the private improvements are located on Town property and are  required to meet minimum zoning requirements (i.e. minimum landscaping), while other improvements  such as light poles and the Lettuce Shed Lane (“LSL”) Path were planned as part of the 2012 Mall  Improvement Plan, but are deliberately delayed by the Town given the possibility of this project.    Please refer to Article V, Public Improvements, of the Agreement, and the Exhibits as referenced below.   Given that the areas around the Lot 61 development each offer differing obstacles, Staff and the Applicant  felt that compartmentalizing these surrounding Rights‐of‐Way (Area A through Area F) areas would help  Council delineate areas of concern in this public‐private negotiation process.   Area A of Exhibit B  This area comprises the space between the LSL path and property line with Lot 61.  The Owner proposes  to install landscaping, Mall lights, and to extend the at‐grade patio and stairs in this location of the 50’  Benchmark Court Right‐of‐Way.  Section 5.3 of the Agreement also states that the Town will process a  subdivision application to relocate the property line to an area just east of the LSL Path.  The Owner has  agreed to install and maintain all landscaping and hardscape within this area.  There are benefits in  relocating this property line and delegating future maintenance to the Owner given the amount of private  improvements and landscaping proposed in this area that are directly tied to the development.     Area B of Exhibit B   This area will encompass the snow‐melted LSL path as it begins near the ECO bus stop on Benchmark  Road to its terminus with the Mall.  The first half of the path requires widening and additional structural  reinforcement to accommodate the trash service vehicles proposed in this area (Exhibit C to Agreement).    While future maintenance obligations (Town) appear to be acceptable, the Applicant and Staff have been  unable to find common ground concerning installation requirements for this area, and ask that Council  provide direction.  The attached agreement reflects Staff’s recommendation for the Applicant to complete  all of the initial construction in this area, estimated at approximately $200,000.             Again, after the Owner constructs these path improvements, the Town would assume all maintenance  obligations.  If trash service vehicles cause any damage or “spills” in this area the Owner will be held liable  for cleanup work.  It should also be noted that no deliveries are permitted in this area.  Area C of Exhibit B  Between the LSL path and the westerly boundary will be landscaping improvements.   As proposed by the  Applicant, the Town would install all landscaping in this area in accordance with the 2012 Mall  Improvement Plan and any increased landscaping costs would be borne by Wyndham.  Given that this  Lot 61 – Wyndham Development Agreement  February 12, 2013 Town Council Meeting                                                      Page 2 of 2    landscaped area and site area is required to meet minimum zoning requirements for landscaped area and  maximum site coverage calculations, Staff is recommending that the Owner be held responsible for all  installation costs which are estimated at $15,000.     Ongoing maintenance appears to be appropriate for  the Town given its connection to other Mall improvements. Staff is seeking council direction on this area.   As drafted this part of the Agreement reflects Staff’s recommendation.  Area D of Exhibit B  Area D is immediately adjacent to Lot 61 and part of Tract G (Mall).   All installation and maintenance in this  area is properly handled by the Owner.     Area E of Exhibit B  This area encompasses the six (6) foot sidewalk and proposed landscaped area on the East side of the  property.  During development review it was discovered that the existing sidewalk and snowmelt system  was inadvertently constructed during Transportation Center construction approximately one‐half (1.5) feet  onto the property.  This section of the Agreement requires the Town to remedy the sidewalk situation; all  other construction, including landscaping responsibility is that of the Owner.  Area F of Exhibit B  The Owner is proposing small roof encroachments in this area, which is on the south side of the building  adjacent to the Transportation Center.     Discussion  Staff is presenting Council with an Agreement that represents a collaborative effort between Wyndham  and Town Staff.  Both parties have worked through the majority of the key issues regarding: RETT fees and  collection, amenities fees and taxes, trash service, requirements during construction, and both public and  private improvements located on Town property.  As mentioned in this report, there are two (2) areas  where Staff and the Applicant have been unable to reach final agreement.    When considering these obligations, Council should consider previous exactions that took place during  previous approvals.  The Town received the fifty (50’) foot Benchmark Road (LSL) right‐of‐way, and also  the twenty (20’) foot Transportation Easement.  Attached to this report is a letter provided by the  Applicant on these issues and others raised by PZC that require Council’s attention.      Recommendation  In order to prepare a final document for Town Council review and consideration, Staff is seeking general  review comments on the document, and specific policy direction from Council on Areas B and C;  specifically, installation responsibilities for Section 5.2(b) and 5.2(c) of the Agreement.    Attachments   Draft Development Agreement between Wyndham Vacation Resorts, Inc. and Town of Avon   Ex A ‐ Major Design and Development Plan, Revision #3, Dated February 12, 2013   Ex B ‐ Public Property Improvement Map   Ex C ‐ Trash Removal Operations Map   February 6, 2013 Letter from Dominic Mauriello  Page 1 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of _________________, 2013, by and between WYNDHAM VACATION RESORTS, INC., a Delaware corporation (“Owner”), and the Town of Avon, a municipal corporation of the State of Colorado (“Town”) (individually referred to as “Party” and collectively as “Parties”). RECITALS A. Owner is a corporation duly organized and in good standing under the laws of the State of Delaware and authorized to do business in the State of Colorado. Owner is the owner of approximately 0.845 acres within the Town that is legally described as: Lot 1, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, according to the Plat thereof filed February 23, 2004 at Reception no. 868662, County of Eagle, State of Colorado (“Property”). B. The Town has authority to zone, rezone and regulate development of the Property in accordance with this Agreement, the Comprehensive Plan, the Municipal Code, and other applicable Town ordinances and policies. The Town’s authority to enter into this Agreement is derived from its home rule charter, state statutes, and the power generally held by Colorado home rule municipalities to address matters of local concern by contract or ordinance. C. The Owner has submitted an application to the Town for approval of a Code Text Amendment through Ordinance No. 13-02; a Rezoning, Development Agreement, Major Design and Development application and Alternative Equivalent Compliance application through Ordinance No. 13-03 (“Applications”). The Town’s approval of the Applications is conditioned upon the execution of this Agreement. D. The Owner intends to create a plan to create and sell a points-based Time-share Plan for the sale of Time-share Interests (as defined below) on the Property (“Wyndham Time-share Plan”), which shall be used by Time-share Occupants; E. A Time-share Owner in the Wyndham Time-share Plan shall purchase a Time-share Interest that includes a specific number of points (“Time-share Points”), whereby a Time-share Owner of the Wyndham Time-share Plan shall use the Time-share Points to reserve that Time- share Owner’s Time-share Period (as defined below); F. Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Comprehensive Plan, ensure reasonable certainty, stability and fairness in the land use planning process, stimulate economic growth, secure the reasonable investment-backed expectations of the Owner, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes of the Town. Page 2 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 G. The Owner proposes a public-private partnership through which the Owner will utilize portions of Town land and right-of-way (“ROW”), including Lettuce Shed Lane, Tract G, Benchmark Road, and the Transportation Center, for the purpose of calculating site coverage and minimum landscaped area, will construct certain private and public improvements on Town land and ROW as described in this Agreement, and will pay certain taxes and fees as described in this Agreement. The Town and Owner find that the size and configuration of the Property presents unique challenges and opportunities and that terms of this Agreement present creative solutions through which the Owner may enjoy a viable development and the Town may realize certain goals and policies of the Avon Comprehensive Plan and through which the Owner may contribute taxes and fees to the Town on an equitable basis with other similar Time-share developments in the Town. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions, covenants and mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property: ARTICLE I DEFINITIONS Definitions. The following terms shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Amenities Fee. A consensual fee intended to mitigate the impact of a Time-share Interest, including the cost of transportation and recreational facilities. 1.2 Association. The common interest community association and/or other entity formed or to be formed for purposes of governing the rights, obligations and interests of owners of Time-Share Interests and other interests in the Development upon completion of construction thereof. Certain provisions relating to the rights and obligations of the Association are provided in Article VIII of this Agreement. 1.3 Association Governing Documents. The declaration of covenants, articles of incorporation, bylaws, rules and regulations, and any other documents creating or governing the Association and its members, as in existence from time to time. 1.4 Benchmark Road. The Town right-of-way known as Benchmark Road, located in part to the south and east of the Property. 1.5 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning and Zoning Commission of the Town in February, 2006, and any amendments thereto, and including the Avon West Town Center District Investment Plan dated August 2007. Page 3 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 1.6 Development. The project to be constructed on the Property as described in the Development Plan. 1.7 Development Plan. The approved Major Design and Development Plan, as well as the Alternative Equivalent Compliance, that define the Development, attached hereto as Exhibit A. 1.8 Effective Date. The date the Town Council Ordinance No. 13-03 approving this Agreement becomes effective. 1.9 Exchanger. A Time-share Owner in a Time-share Plan who is a member of an Exchange Program. 1.10 Exchange Program Any method, arrangement, or procedure for the voluntary exchange of the right to use and occupy accommodations and facilities among Time-share Owners of one or more Time-share Plans. 1.11 Exhibits. The following are Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A Major Design and Development Plan for the Property. Exhibit B Public Property Improvement Map Exhibit C Trash Removal Operations Map 1.12 Fire District Impact Fee. The impact fee levied and collected by the Town pursuant to Chapter 3.40, Impact Fee, of the Municipal Code. 1.13 Heat Recovery. The system utilized by the Town that utilizes effluent heat from the Avon Wastewater Treatment Plant for snow melt and other heating purposes. 1.14 Lettuce Shed Lane. The Town right-of-way located immediately to the northwest of the Property and identified as “Benchmark Court” on the Plat. 1.15 LSL Path. The paved driveway and pedestrian path to be installed in Lettuce Shed Lane. 1.16 Municipal Code. The Avon Municipal Code, as may be amended from time to time. 1.17 Plat. The Plat of Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, filed February 23, 2004 at Reception No. 868662, County of Eagle, State of Colorado 1.18 Public Accommodations Tax. The tax levied and collected by the Town pursuant to Chapter 3.28 of the Municipal Code, or any subsequent tax levied upon the lease or rental of hotel rooms, condominiums or other accommodations. 1.19 Public Improvements. Those improvements to be acquired, constructed or installed for the benefit of the public, including, but not limited to, the Public Improvements described in Article IV. Page 4 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 1.20 Real Property Transfer Tax. For purposes of this Agreement, Real Estate Transfer Tax shall mean any municipal real estate transfer. The tax imposed, levied and collected by the Town pursuant to Chapter 3.12, Real Property Transfer Tax, of the Municipal Code. 1.21 Sales Tax. The tax levied and collected by the Town pursuant to Chapter 3.08, Sales Tax, of the Municipal Code or any similar code provision enacted during the Term of this Agreement. 1.22 Term. The term of this Agreement as provided in Article III hereof. 1.23 Time-share. Time-share means a time share estate, as defined in Section 38-33-110(5), Colorado Revised Statutes, or a time share use, as defined in Section 12-61-401(4), Colorado Revised Statutes. 1.24 Time-share Interest. The Time-share ownership interest of a Time-share Owner. 1.25 Time-share Occupants. Any person occupying or permitted to occupy a Time-share Unit, including but not limited to a Time-share Owner, members of the Time-share Owner’s family, the Time-share Owner’s guests, invitees, and any Exchangers and their respective family members, guests and invitees. 1.26 Time-share Owner. A person with legal ownership of a Time-share Interest. 1.27 Time-share Period. A Time-share Owner’s period of occupancy in a unit submitted to the Time-share Plan, which is reserved in accordance with the reservation system established to govern the operation of the Time-share Plan. 1.28 Time-share Plan. Any arrangement, plan, or similar device, other than an Exchange Program, whereby a person acquires a Time-share Interest. Notwithstanding any reference to the name “Vacation Ownership Plan” or the use of the term “Club”, the Wyndham Time-share Plan is considered to be Time-share as defined in this Agreement and Section 12-61-401(4), Colorado Revised Statutes. 1.29 Time-share Points. This term shall have the meaning given it in Recital E to this Agreement, above. 1.30 Time-share Unit. A unit at the Property which has been submitted to the Time-share Plan, which is designated for the use and occupancy of Time-share Occupants. 1.31 Town. The Town of Avon, a home rule municipal corporation of the State of Colorado. 1.32 Town Council. The Town Council of the Town. 1.33 Tract G. Portions of Tract G, Block 2, Benchmark at Beaver Creek subdivision that is located immediately to the north of the Property. Page 5 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 1.34 Transportation Easement. The easement for transportation facility purposes granted to the Town by the Owner in that certain Deed of Easement recorded in the real property records of Eagle County, Colorado, on April 13, 2007 as Reception N. 200709655. 1.35 Transportation Center. Area generally to the south of the Property that includes, but is not limited to, the Transportation Easement, bus shelter and area used for pedestrians and bus movement. ARTICLE II ZONING AND DEVELOPMENT PLAN 2.1 Zoning. Concurrently with the approval of this Agreement, the Property is being rezoned as Town Center through Ordinance No. 13-03. 2.2 Development Plan. The Development Plan sets forth the approved scope of development of the Property and has been approved by the Town through Ordinance No. 13-03. 2.3 Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, fire, plumbing, electrical and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement. ARTICLE III TERM 3.1 Term. The term of this Agreement shall be perpetual and shall terminate only five (5) years after such time as the primary building that comprises the Development is no longer in existence on the Property and the Property is not used for Time-share use. In the event the primary building which comprises the Development is destroyed by fire or other calamity and then reconstructed within five (5) years, this Agreement shall continue in full force and effect. The Parties may terminate this Agreement earlier by mutual agreement. ARTICLE IV TOWN AMENITIES FEES AND TAXES 4.1 Amenities Fee. (a) Commencing as of the effective date of this Agreement and continuing in perpetuity with respect to each Time-share Interest except as provided in Section 4.2(c) below, the Association shall collect from each Time-share Owner other than the Owner and remit to the Town on a semi-annual basis an Amenities Fee in the amount of $0.000082 per Page 6 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 year per Time-share Point owned by such Time-share Owner based on the current 2012 fee, which is hereby agreed by the Town and Owner to be the equivalent of $33.06 per year per approximate weekly interest in the Development. The obligation for each Time-share Owner to pay the Amenities Fee shall be a covenant running with the land and shall be described in all Association covenants. The amount of the semi-annual Amenities Fee payments will be calculated according to the following formula: Number of total points owned by Time-share Owners per semiannual period (January-June, calculated as of June 1, and July-December calculated as of December 1), multiplied by an amount equivalent to $0.000082 per Time-share Point as defined above (or as adjusted by CPI- U, as defined below and rounded to the nearest one-millionth decimal place), divided by 2. The $0.000082 per Time-share Point is based on total available Time-share Points of 1,186,000,000. Should the total number of available Time-share Points change the Amenities Fee shall be recalculated based on the total number of points so that the fee per Time- share Point is the equivalent of $33.06 per year per weekly interest. The due dates for the semiannual payments are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2013 and on the first day of each year thereafter, the amount of the Amenities Fee shall be increased or decreased by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the “CPI-U”). It shall be the duty of the Association to assure that such records as are necessary to determine the amount of Amenities Fees due hereunder are maintained by the Association. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the delinquent Association.. The amount properly determined to be owing shall bear interest from the due date at the Town’s rate imposed by Chapter 3.32 of the Municipal Code on past due accounts. The current rate as of the date of this Agreement established by Chapter 3.32 of the Municipal Code is eighteen percent (18%) per annum until paid. (b) The Association, upon formation, shall be deemed to hereby assign and grant a continuing security interest in the Association’s right to future income, including the right to receive common expense assessments of any kind levied pursuant to its condominium declaration, and its lien therefor, to secure payment of the Amenities Fee. Upon default of Page 7 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 the Association in collection and/or remittance of the Amenities Fee and notice thereof to the Time-share Owners, the Town shall have the right to directly receive common expense assessments and exercise any rights of the Association against non-paying Time-share Owners in order to collect same. The creation of the security interest and other rights contained in this Section 4.1(b) shall be included in the Association Governing Documents. (c) The intent of the Amenities Fee is to assist the Town in providing certain services that are of benefit to the Development, such as bus service and recreational amenities. The nature of the Development as a Time-share project may cause additional demand for Town services above what might typically be expected for residential properties located within the Town. Notwithstanding this, the Town and Owner expect that the Time- share Interests will be classified by the Eagle County Assessor as residential property for purposes of real estate tax assessment, and therefore pay proportionally less real property taxes than a comparable commercial property. For this reason, the Amenities Fee shall only be in force and effect during such times as the Time-Share Interests are classified by the Eagle County Assessor as residential property for purposes of real estate tax assessment, and if the Time-Share Interests are classified as commercial the Amenities Fee shall thereafter not be due or payable under this Agreement and this Section 4.2 shall be of no force or effect. 4.2 Public Accommodations Tax. Usage of the Development by Time-Share Occupants, and for sales and marketing purposes by the Owner or the Association, shall not be considered a lease or rental of an accommodation unit subject to the Public Accommodations Tax. The Public Accommodations Tax shall be levied and collected upon the rental of all or any portion of a Time-share Period on a short-term (less than 30 days) basis to any party not described above, in accordance with the provisions of the Avon Town Code related thereto in effect from time to time. Each Time-share Owner or its rental agent shall be responsible for payment of the Public Accomodations Tax due upon the leasing or rental of all or any portion of a Time-share Period by the Time-share Owner. Because neither Owner (solely in its capacity as developer of the Development) nor the Association would be the party renting a Time-share Period for use by another party, neither Owner nor the Association shall be responsible for collecting or liable to the Town for payment of any amounts due from rental of any Time-share Period by a Time-share Owner if the Time-share Owner rents directly to a third-party. However, Owner shall be liable for payment of any Public Accommodations Tax due or owing as a result of the rental of any Time-share Periods associated with Time-share Interests owned by it, and any rental management company affiliated with Owner will collect and remit payment of any Public Accommodations Tax due or owing as a result of the rental of any Time-share Periods through such entity. 4.3 Sales Tax. The Town’s sales tax levy, as provided for in Chapter 3.08 of the Municipal Code shall apply in all circumstances to the Development. Similar to the provision for Public Accommodations Tax in Section 4.2 of this Agreement, usage of the Development by Time-Share Occupants, and for sales and marketing purposes by the Owner or the Association shall not be considered lodging services as defined by Chapter 3.08 of the Municipal Code or subject to the Sales Tax. Sales tax shall be levied and collected upon any lodging services provided to any party not described above. Page 8 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 4.4 Real Property Transfer Tax. All transfers of interests or possessory rights in and to real estate located within the Development by deed, lease, assignment of lease, agreement for sale of stock or contract and including the sale of Time-share Interests represented by Time-share Points shall be subject to the Town’s Real Property Transfer Tax as provided for in Chapter 3.12 of the Municipal Code. The Town acknowledges that, in certain circumstances, the sale of a Time-share Interest may be subject to a statutory right of rescission in favor of the buyer. In acknowledgment of the fact that the exercise of such rescission right has the effect of voiding the conveyance of the Time-share Interest, the Town determines that the transfer of the Time-share Interest is not complete until expiration of the rescission period for purposes of Avon Town Code §3.12.030, and for this reason the Real Property Transfer Tax shall be held in escrow following the closing. If the buyer exercises its right of rescission, no Real Property Transfer Tax shall be due or payable. If the buyer does not exercise its right of rescission, the Real Property Transfer Tax shall be distributed to the Town out of escrow promptly after expiration of the rescission period. The Town recognizes that from time to time the Owner will trade or upgrade a Time- share Owner into additional Time-share Interests at the Property or for time-share interests at a new location or for a new product. In order to effectuate these trades and upgrades, from time to time Time-share Owners may need to deed that Time-share Owner’s existing Time-share Interest back to Owner in order to receive a new deed with the upgraded Time-share Interest and applicable Timeshare Points. Each of the three (3) scenarios for trades and upgrades are further described below: (a) Upgrade at the Property. From time to time an existing Time-share Owner may want to acquire additional Time-share Points at the Property. In order to effectuate such upgrade in Time-share Points, a Time-share Owner would submit the original deed to that Time-share Owner’s Time-share Interest to Owner. Owner would then provide a new deed to the Time-share Owner which would show both the Time-share Owner’s original Time-share Points, and the newly acquired Time-share Points. (i) Deed to Owner. Owner attributes a value of Ten and No/100 Dollars ($10.00) to the deed from Time-share Owner to Owner, thus the Town acknowledges and agrees that the taxable consideration for any such deed from Time-share Owner to Owner in this instance would be Ten and No/100 Dollars ($10.00). (ii) New Deed to Time-share Owner. Because the Time-share Owner has already paid the applicable Real Property Transfer Tax on the original deed to Time-share Owner, the Parties acknowledge and agree that the total consideration for the new deed being issued to the Time-share Owner in this subsection (a) would be the Time-share Owner’s additional consideration paid for the additional Time-share Points. By way of example, if a Time-share Owner originally purchased a Time-share Interest with “X” Time-share Points valued at the equivalent of $50,000, and that Time-share Owner desired to upgrade and purchase “Y” Page 9 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 additional points valued at $25,000 at the Property, although a new deed would be issued to the Time-share Owner for “X+Y” Time-share Points with a total value of $75,000, because the Time-share Owner has already paid the Real Property Transfer Tax for the original $50,000, the total taxable value for the new deed would be $25,000. (b) Trade from the Property. From time to time existing Time-share Owners may desire to trade that Time-share Owner’s Time-share Interest toward time- share interest at another property owned by or affiliated with the Owner. By way of example, a Time-share Owner at the Property may desire to trade his or her Time-share Interest for a time-share interest at the Owner’s Orlando time-share resort. In this case the Time-share Owner would deed his or her Time-share Interest in the Property back to Owner, and would receive a new deed for a time- share interest at the Orlando property. The Owner attributes a value of Ten and No/100 Dollars ($10.00) to the deed from Time-share Owner to Owner, thus the Town acknowledges and agrees that the taxable consideration for any such deed from Time-share Owner to Owner in this instance would be Ten and No/100 Dollars ($10.00) for the Real Property Transfer Tax. Any Time-share Interests returned to the Owner shall be sold to another third party purchaser, and Owner acknowledges and agrees that upon the resale of any such returned Time-share Interests shall be subject to the full Real Property Transfer Tax, with no limitation on the number of taxable resales on such returned Time-share Interests. (c) Trade to the Property. From time to time existing time-share owners at other time-share resorts owned by or affiliated with the Owner may desire to trade that time-share owner’s time-share interest toward a Time-share Interest at the Property. In this situation, the Parties acknowledge and agree that the consideration for the Real Property Transfer Tax shall be the full value of the new Time-share Interest acquired at the Property. By way of example, a time-share owner at Owner’s time-share resort in Orlando may desire to trade his or her time- share interest in Orlando for a Time-share Interest and Time-share Points valued at $100,000 at the Property, the total consideration and taxable value of this transaction would be $100,000. Each transfer that is entitled to any exemption from the Real Property Transfer Tax described herein shall be reported to the Town in the manner required by the Avon Town Code from time to time. Neither Owner nor the Association shall be responsible for collecting or otherwise liable for the payment of the Real Property Transfer Tax for the sale of a Time-share Interest sold by a Time-share Owner to a third-party purchaser. ARTICLE V Public Improvements 5.1 Public Improvements. Owner agrees to provide the public improvements set forth in this Agreement. Such obligations directly relate to the Applications complying with the minimum required development standards set forth in the Avon Municipal Code and are a material to the Page 10 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 terms, conditions, covenants and mutual promises bargained for by Town and Owner in this Agreement. 5.2 Installation of Public Improvements or Payment in Lieu. (a) Area A of Exhibit B: Owner agrees to install all landscaping, hardscape, street lights and other similar improvements, including street lights consistent with the 2012 Mall Improvement Plan, within Area A of Exhibit B as called out in the Development Plan. (b) Area B of Exhibit B: Owner agrees to install Area B of Exhibit B (the LSL Path) as called out in the Development Plan. That portion of the LSL Path closest to Benchmark Road, and extending to the paved connection to the Development’s trash room, shall be oversized in width and structural capacity in order to accommodate use of same by trash removal vehicles serving the Development. The design and oversizing shall be subject to the approval by the Town Engineer prior to issuance of a building permit. The Owner shall maintain pedestrian access through Lettuce Shed Lane for the duration of construction. (c) Area C of Exhibit B: Owner agrees to install, or reimburse the Town for the cost of installation, all landscaping within Area C of Exhibit B as called out on the Development Plan in a manner consistent with the 2012 Mall Improvement Plan. The Owner shall maintain pedestrian access through Lettuce Shed Lane for the duration of construction except that periodic closures may occur during non-peak periods subject to approval by the Town. Protection of pedestrians may be required and may include a barrier and/or covered walkway as prescribed by Chapter 33 of the International Building Code and subject to approval by the Town’s Chief Building Official. (d) Area D of Exhibit B: Owner shall install all landscaping approved within Area D of Exhibit B as called out on the Development Plan, but for no other improvements within Tract G, including any paved path therein. (e) Area E of Exhibit B: Owner shall install all landscaping approved within Area E of Exhibit B. Owner shall be responsible for access improvements to the site from Benchmark Road including any snowmelt system installation and related improvements necessary to tie into the Town’s proposed sidewalk improvements. An existing heated sidewalk installed by the Town on Benchmark Road encroaches approximately one and one-half (1.5) feet onto the Property which conflicts with the construction of proposed subsurface and surface improvements. The Town shall be responsible for reconstructing this sidewalk to a location outside the Property that is no less than six (6) feet wide and conforms to the Development Plan. (f) Area F of Exhibit B: Owner shall install improvements as called out on the Development Plan that will occur in the Transportation Center including underground utilities and a trash truck ramp. These improvements shall be coordinated with the Transit Superintendent to minimize impacts to the Transportation Center operations. All work in the Transportation Center must occur during spring and fall off-season shoulder periods, as determined by Owner and approved by the Town’s Chief Building Official. Any construction Page 11 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 that will require closure of the bus lane or pedestrian sidewalk will be limited to 30 days and require 60 days’ notice to the Transit Superintendent. (g) Heat Recovery: The Town shall extend the Heat Recovery system to the Transportation Center and to the property in late 2013 or early 2014. Construction entails installing four (4) buried pipelines in Lettuce Shed Lane, two (2) of which will run to a manifold located in the northwest corner of the Transportation Center and two (2) to the property at a location specified by the Owner. The installation of the Heat Recovery pipes requires coordination with the Owner’s construction of Public Improvements in Lettuce Shed Lane. The Owner shall inform the Town of the construction schedule within Lettuce Shed Lane at the issuance of the building and right-of-way permits so that the Town can schedule the construction of the Heat Recovery pipes. Town acknowledges that Owner is not obligated or required to connect to the Heat Recovery system. (h) Damage during Construction Activity: If any construction by Owner, or any encroachment or other site condition, causes damage to any Town-owned improvement within Benchmark Road, Owner shall reconstruct same up to the boundary of the Property to its condition existing immediately prior to any such damage. 5.3 Subdivision. The Owner shall apply for and the Town shall approve a subdivision application consistent with the Municipal Code and Development Plan prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy. The property line for the Property and Lettuce Shed Lane shall be relocated to two (2) feet to the east of the LSL Path, so that the area to the east is included within the Property, and Lettuce Shed Lane is reconfigured to exclude such area. 5.4 Utilities. The Owner shall install any utilities or other similar improvements consistent with the Development Plan to be constructed within Lettuce Shed Lane. The Town shall grant such easements or a Right-of-Way permit as are required for same. 5.5 Timing of Public Improvements. The Town shall complete on or before the date of completion of the Development, which date shall be defined as the date that Owner receives from the Town a Temporary Certificate of Occupancy or Certificate of Occupancy for the Development, all improvements required to be provided by the Town in this Agreement. The Owner shall inform the Town of all construction plans within Town land and ROW ninety (90) days prior to the start of construction. 5.6 Warranty Period. The Improvements shall be warranted to be free from defects in workmanship or quality for a period of two (2) years after acceptance of all the work by the Town. In the event of any such defect, the Town may require Owner to correct the defect in material or workmanship. Ten percent (10%) of the total actual cost of completion of all Improvements shall be collected by the Town from the Owner as collateral during such two (2) year period as a guaranty of performance of any work required pursuant to the above described warranty. In the event any corrective work is performed during the two-year warranty period then the warranty on said corrected work shall be extended for two (2) years from the date on which it is completed. Collateral equal to 125% of the cost of any corrected work, as estimated Page 12 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 by the Town, shall be retained by the Town or immediately paid to the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Section 7.32.100, for a period of two (2) years from the date of completion of the corrected work. 5.7 Engineering Certification. Upon completion of portions of the Improvements, Owner will cause his engineers (who shall have been actively engaged in observing the construction of the Improvements and be registered in the State of Colorado) to provide a written opinion, to the satisfaction of the Town Engineer, that based upon on-site observation, review of sufficient construction-observation reports, field test reports and material test reports and certifications by qualified personnel, the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed, to the best of their knowledge and professional judgment, in conformance with all standards, plans and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on the Approved Plans. Inspection reports, test results, as-constructed plans, including surveys, and other supporting documentation shall be submitted with the certification. The as-constructed plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. 5.8 Inspection Procedures. All work shall be done under the inspection procedures and standards established by the Town and Holy Cross Energy, Eagle River Water and Sanitation District, Excel Energy, Qwest Communications, Comcast or any other utility (“Utilities”), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. All work shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town and/or the Utilities. Such inspections by the Town and Utilities shall not relieve the Owner or his agents from any responsibility or obligation to assure that all work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town and Utilities. (a) Cost of Inspections: The cost, if any, of such inspections, by Town employees, or an independent third party inspector, shall be paid by the Owner and subject to the limitations set forth in paragraph 8 below. (b) Notice of Non-Compliance: In the event that the Town through its inspectors reasonably determines that the Improvements are not in compliance with the Approved Plans, it shall give written notice of such non-compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Notice of Non-Compliance must be provided to the Owner within two (2) working days of the date of the inspection. 5.9 Indemnification and Hold Harmless. Owner shall install or cause to be installed all Public Improvements in a good and workmanlike manner in accordance with the applicable regulations of the Town and in accordance with a Subdivision Improvement Agreement between Owner and the Town. Owner shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, Page 13 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from Owner’s activities in performing this Agreement (including, without limitation, maintenance, repair and replacement activities). ARTICLE VI MAINTENANCE OBLIGATIONS 6.1 Maintenance Obligations. Owner and the Town understand and acknowledge that certain aspects of the operation and use of the Development, Lettuce Shed Lane, Tract G, Benchmark Road, and the Transportation Easement require designation of maintenance responsibilities, rights and obligations. The following provisions shall address such ongoing maintenance matters: (a) Trash Removal and Deliveries. Owner shall have the right to use the LSL Path and Lettuce Shed Lane, as provided for in Exhibit C, as necessary for trash removal from the Development. Owner shall schedule trash pick-up activities between the hours of 10 am and 3 pm to cause the least disruption to occupants of the Development and users of Lettuce Shed Lane. The hours of trash pick-up activities may be modified by mutual agreement between the Owner and Town Manager. Owner shall maintain the exterior of its trash removal area in a neat and clean condition, and shall promptly clean any spills and trash or repair damage caused by its use of any Town land and right-of-way for trash removal. The Town may clean any spills or trash or repair damage and charge the Owner, if the Owner does not clean any spills or trash or repair any damage or trash immediately upon notification from the Town. (b) Other Deliveries. All other Owner and Tenant deliveries shall not use LSL Path, Lettuce Shed Lane, Tract G or the Transportation Center. 6.2 Operations and Maintenance. (a) Area A of Exhibit B: The Owner shall maintain, repair, and replace all landscaping, storm ceptor and other improvements located within Area A of Exhibit B at Owner’s sole expense as called out in the Development Plan. (b) Area B of Exhibit B: The Town shall maintain, repair, and replace all improvements located within Area B of Exhibit B at the Town’s sole expense as called out in the Development Plan, except as expressly provided in Section 6.1(a) above. (c) Area C of Exhibit B: The Town shall maintain, repair, and replace all landscaping and other improvements located within Area C of Exhibit B at Town’s sole expense as called out on the Development Plan. Page 14 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 (d) Area D of Exhibit B: The Owner shall maintain, repair, and replace all landscaping and other improvements located within Area D of Exhibit B at Owner’s sole expense as called out in the Development Plan. (e) Area E of Exhibit B: The Owner shall maintain, repair, and replace all landscaping and other improvements located within Area E of Exhibit B at the Owner’s sole expense as called out on the Development Plan. (f) Area F of Exhibit B: The Owner shall be entitled to construct and maintain any and all building overhangs as depicted on the Development Plan, and same shall be entitled to exist as permanent encroachments within the Transportation Easement. 6.3 Snowmelt. The Owner shall have the right, but not the obligation, to connect to the Town’s heat recovery system for purposes of providing all or a portion of heat needed to snowmelt the entry drive, patios, trash room access pad, and automobile courtyard at the Development. Any such connection shall be at the Town’s then-current standard fees and charges for connection and service. 6.4 Ongoing Cooperation. The Owner and Town mutually agree to cooperate with the other Party in a reasonable manner to address any ongoing issues of development or use of the Property, including any unforeseen matters such as encroachment of improvements onto adjacent Town land and ROW and maintenance practices and operations. 6.5 Revocable Encroachment License. The Town hereby grants to the Owner a revocable license (“License”) for the encroachment and occupation for landscaping and snowmelt system in Areas D and E (“Private Improvements”), provided, however, that nothing in this Agreement is intended to waive, alter, modify, or permit any violation of any local law applicable within the Town. To the extent that the location or other specifications of this License or any exhibit conflicts with local laws, the local law shall govern. (a) The Owner agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Private Improvements erected or maintained by the Licensee under this Agreement. (b) The Owner agrees to repair and reconstruct any damage to the Town land or ROW upon termination of the License or removal of the Private Improvements described in this Section 6.5 and any other improvements erected by the Owner on the Town land or ROW and the Owner shall return the Town land or ROW to its original condition at the cost and expense of the Owner and at no cost or expense to the Town unless such requirement is waived by the Town. In the event that Owner does not remove the Private Improvements and repair and restore Town Property to the condition prior to this Agreement within the time period determined in above, then Owner shall be deemed to have abandoned the Private Improvements and any rights thereto and the Town may proceed to remove the Private Improvements. The Town may seek recovery of all costs incurred for the removal of Private Improvements from Town Property, repair of damages to Town land or ROW, and restoration of Town land or ROW, including legal costs and attorney fees. Page 15 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 (c) The Owner agrees to procure and maintain, at its own cost, a policy or policies of insurance protecting against injury, damage or loss occurring on the licensed premises in the minimum amount of $600,000.00 per occurrence. Such policy or policies shall name the Town as an “additional insured”. However, the Owner’s failure to take such steps to insure the premises shall not waive, affect, or impair any obligation of the Owner to indemnify or hold the Town harmless in accordance with this Agreement. (d) The Owner’s rights and interest in the Private Improvements shall run with the land and shall continue in the event that the Owner conveys all or any portion of the Owner’s interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments described in this Agreement. 6.6 Water Rights. The Property is currently allocated 35.8 Single Family Equivalents for water rights and it is anticipated that the property will require additional SFEs for the project to be determined and required by the Upper Eagle Regional Water Authority. The Owner shall purchase cash-in-lieu water rights from the Upper Eagle Regional Water Authority. The Owner shall provide proof of payment of water rights and water tap fees prior to the issuance of a building permit. ARTICLE VII DEFAULTS, REMEDIES AND TERMINATION 7.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be defined as the Town's failure to perform its obligations under this Agreement, after the applicable cure period described in Section 7.3, below. 7.2 Default by Owner. A “breach” or “default” by Owner shall be defined as Owner’s failure to fulfill or perform any obligation of Owner contained in this Agreement following the applicable cure period described in Section 7.3, below, or Owner’s failure to fulfill or perform any obligation of Owner contained in any other agreement relating to the Property between the Town and Owner or the Town following any applicable cure period contained in such agreement. The failure by Owner to cause the Association to collect and remit the Amenities Fee to the Town as provided in Section 4.1 shall constitute a default by Owner. 7.3 Notices of Default. In the event of a default by either Party under this Agreement, the non-defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified in Section 8.6, and the defaulting Party shall have five (5) days for monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non-defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. Page 16 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 7.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured as described in Section 7.3, the Owner shall have the right to enforce the Town’s obligations by an action for any equitable remedy, including injunction or specific performance to the extent permitted by law, or an action to recover damages. Each remedy in this Section 7.4 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. 7.5 Remedies for Default by Owner or Association. If any default by Owner or the Association under this Agreement is not cured as described in Section 7.3, the Town shall have the right to enforce the Owner’s or Association’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this Section 7.5 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. In addition, a default of this Agreement by Owner or the Association shall constitute a violation of the Avon Development Code and non-compliance with the Development Plan for this Property and the Town shall have all enforcement rights as described in Sections 7.04.160, 7.04.170, 7.04.180, 7.04.190, and 7.04.200 of the Avon Development Code and other applicable sections of the Avon Development Code concerning enforcement and penalties for violations, as the Avon Development Code may be amended from time to time. 7.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall attempt to resolve the controversy or claim in good faith in accordance with the procedures stated in this Section 7.6. The Party asserting the breach, default, controversy or claim shall first provide written notice to the other Party, citing this Section 7.6, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not resolved within thirty (30) days of the date of the notice, or by such longer period as may be mutually agreed by the Parties, then either Party may initiate a legal action. The Parties may mutually agree to appoint an independent neutral third party (the “Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all relevant and non-privileged documents and may impose reasonable confidentiality provisions; (ii) the Parties may make representations and submissions to the Mediator but there shall be no formal hearing unless the Mediator requires a formal hearing and provides a written notice to the Parties; (iii) the Mediator shall make his recommendations in writing as soon as is reasonably possible but not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said recommendation or a mutually acceptable alternative. ARTICLE VIII ASSOCIATION MATTERS Page 17 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 8.1 Owner shall form the Association upon completion of the Development and prior to any occupancy thereof; provided, however, that in the event that the Association has not been formed as required, Owner shall be liable for all obligations of the Association hereunder until such time as the Association is formed. 8.2 In addition to the rights and obligations of the Association as specifically stated in this Agreement, at such a time as the Association is formed, the Association shall be deemed to be the Owner with respect to the provisions, rights and obligations of Section 4.1 and Article VI of this Agreement and Wyndham Vacation Resorts, Inc. shall have no further liability or obligations whatsoever with respect to said Section 4.1 and Article VI. The provisions of any other Section of this Agreement necessary to give effect to the Association’s rights and obligations under the foregoing Articles and Sections shall also be deemed to control. The Association shall specifically have no obligations under Article V of this Agreement. The Association Governing Documents will contain a provision stating that the Town is a third-party beneficiary of the Association’s agreements under Section 4.1 and Article VI of this Agreement. 8.3 The Association Governing Documents will contain an acknowledgement and disclosure to each Time-share Owner that, in the event the Time-share Owner shall rent its Time- Share Period, the Time-share Owner or its rental management company must obtain a Town business license and the Public Accommodations Tax shall apply to such rental as described in Section 4.2 hereof and the Avon Town Code. 8.4 Any failure of the Association Governing Documents to contain provisions required by this Agreement shall be a default by Owner and the Association under this Agreement, and the Town shall be entitled as a remedy therefor to obtain an order for reformation of the Association Governing Documents so that they are in compliance with this Agreement. ARTICLE IX MISCELLANEOUS 9.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 9.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners. 9.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Avon Municipal Code to the extent applicable. This Agreement does not prevent the Town from imposing additional requirements not inconsistent with this Agreement as conditions for approval of a subdivision or the granting of a building permit. 9.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. Page 18 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 9.5 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated. 9.6 Notices. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient’s facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing Party). Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: If to Town: Town of Avon Attention: Town Manager P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4005 Facsimile: 970-748-4078 And: Town of Avon Attention: Town Attorney PO Box 975 Avon, CO 81620 If to Owner: Development Planning and Construction Wyndham Worldwide 6277 Sea Harbor Drive Orlando, FL 32821 Direct: 407-626-4554 Facsimile: 407-626-4530 And: Legal Services Wyndham Vacation Ownership, Inc 6277 Sea Harbor Drive Orlando, FL 32821 Direct: (407) 626-6271 Facsimile: (407) 626-5222 Page 19 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 And: Greg Perkins, Esq. Gregory Perkins LLC 710 West Lionshead Circle Suite B Vail, Colorado 81657 Telephone: 970-306-7554 Facsimile: 866-393-9835 Each Party may change its addresses and/or fax numbers for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 9.7 Amendment of Agreement. Except as otherwise set forth in this Agreement, this Agreement may be amended or terminated only by mutual consent of the Town and the Owner in writing following the public notice and public hearing procedures required for approval of this Agreement. For the purpose of any amendment to this Agreement, “Owner” shall mean only the Owner as defined herein and those parties, if any, who have specifically been granted, in writing by Owner, the power to enter into such amendments. 9.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the Association; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of Owner and comprised of affiliates of Owner. Further, Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property; provided, however, that the third party assignee fully assumes in writing all obligations of Owner assigned to such party and the Town consents in writing to such third party assignment, which consent will not be unreasonably withheld or delayed if Owner has reasonably demonstrated to the Town that the third party assignee has the financial capability to perform the obligations under this Agreement so assigned. In no event shall any Time-Share Owner be individually liable for any obligations of the Owner or the Association pursuant to this Agreement. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. 9.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 9.10 No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available Page 20 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9.11 Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. [SIGNATURE PAGE FOLLOWS] Page 21 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above. TOWN: TOWN OF AVON By:__________________________________ ____________________, Mayor ATTEST ___________________________________ __________________, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed before me this _______ day of _________________, 20__, by _________________ as Mayor and ___________________ as Town Clerk of Town of Avon, a Colorado municipal corporation. My commission expires: _______________________ __________________________________________ Notary Public Page 22 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 OWNER: WYNDHAM VACATION RESORTS, INC., a Delaware corporation By:____________________________________ Its:____________________________________ Page 23 of 26 Lot 61 – Wyndham Project Development Agreement Version 7 – Feb 7, 2013 STATE OF __________ ) ) ss. COUNTY OF ___________ ) Subscribed before me this _______ day of _________________, 20__, by ________________________ as _________________________________ of WYNDHAM VACATION RESORTS, INC., a Delaware corporation. My commission expires: _______________________ __________________________________________ Notary Public   Exhibit A  To  Development Agreement between  Wyndham Vacation Resorts, Inc. & Town of Avon                                Revision #3, Dated February 12, 2013    AR C H I T E C T U R E UR B A N D E S I G N IN T E R I O R D E S I G N PA G E 9 | UP UP AR E A A AR E A B AR E A C AR E A D AR E A E AR E A F Exhibit B to Development Agreement between Wyndham Vacation Resorts, Inc. & Town of Avon Exhibit C to Development Agreement between Wyndham Vacation Resorts, Inc. & Town of Avon February 6, 2013 Matt Pielsticker, AICP Planner II Town of Avon Via Email Re: Development Agreement Issues - Wyndham project, Lot 61 Dear Matt: I am providing this letter to you in order to make clear the position of the applicant with regard to a few provisions of the proposed Development Agreement for the Lot 61 project. We are excited to move forward with this project and appreciate that the applicant and the Town are in agreement on 98% of the key issues including the applicant’s voluntary participation in the Town’s time share amenity fee program (a non-legislated program). I am also providing you with the applicant’s position on the conditions recommended by the Planning and Zoning Commission. We understand that the Town staff will be providing the Town Council with its desired version of the development agreement. Please note that the applicant is continuing to refine issues around the RETT collection process. The two areas where we have disagreement is with regard to sections 5.2b and 5.2c. Below is how we believe these sections should be written. In brief we believe the Town should be responsible for installing the paved path within Lettuce Shed Lane and the Town should be responsible for installing the landscaping/irrigation west of the paved path per the approved 2012 Mall Improvement Plan. Our version of these sections read as follows: (b) Area B of Exhibit B: Town agrees to install Area B of Exhibit B (the LSL Path) as called out in the Development Plan. That portion of the LSL Path closest to Benchmark Road, and extending to the paved connection to the Development’s trash room, shall be oversized in width and structural capacity in order to accommodate use of same by trash removal vehicles serving the Development. The design and oversizing shall be subject to the approval by the Town Engineer. Any costs of the oversizing in excess of the costs to construct the LSL Path without such oversizing shall be reimbursed by the Owner to the Town within sixty (60) days after notice of completion of the LSL Path. The LSL Path shall be served by a snowmelt system and the cost of same shall be borne by the Town. Mauriello  Planning  Group                                            MPGVail.com   P.O.  Box  4777                                                                                            dominic@mpgvail.com Eagle,  CO  81631                                                      970-­‐376-­‐3318 (c) Area C of Exhibit B: Town agrees to install all landscaping within Area C of Exhibit B as called out on the Development Plan, in a manner consistent with the 2012 Mall Improvement Plan; provided, however, that Owner agrees to install, or reimburse the Town for the cost of installation, of any trees to be installed within Area C that are in addition to what is required by the 2012 Mall Improvement Plan and used to meet Owner’s landscape requirements for the Development. As you are aware from our submittal and as presented to the Planning and Zoning Commission, Lot 61 was originally platted such that it included the entire area that is today known as Lettuce Shed Lane (aka Benchmark Court). This 50’ wide right-of-way was exacted by the Town as part of the previous 2004 PUD approval for the property that was later invalidated by the Courts. The requirement for the dedication of the 50’ Lettuce Shed Lane and the 20’ transit center easement were part of the Development Agreement for that PUD which was invalidated. When the Courts invalidated the PUD these portions of the site should have been restored to the owner, Wyndham Vacation Resorts. This action never occurred. The applicant is not contesting the ownership of these lands but instead the applicant believes this prior exaction needs to be taken into consideration when discussing the responsibility for certain costs. The applicant does not believe it is fair to “take” the land/exaction and then tell the owner that they should also have to pay for the public improvements to be installed therein. This seems very much like an excessive demand on an owner that has already given very valuable land to the Town without any consideration received. This is the reason the applicant believes the Town should be responsible for funding these improvements. We also wanted to make it clear that the applicant opposes conditions #1 and #2 from the Planning and Zoning Commission for similar reasons stated above. With regard to recommended condition #2, Wyndham agrees to install and maintain these improvements on Main Street as reflected in the Development Agreement. The applicant also disagrees with the recommended Planning and Zoning Commission condition #9 which recommends relocation of the air intake louvers located adjacent to the bus stop. The applicant believes these are appropriately located on this project which has no “back” and relocating these louvers has extensive negative impacts to the overall project. We look forward to moving forward with this wonderful project that has extensive benefits to the Town and the entire community. Sincerely, Dominic F. Mauriello, AICP Principal 2 Heil Law & Planning LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Implementation Update DATE: February 7, 2013 Summary: This memorandum provides an update on the settlement implementation for the Village (at Avon) litigation. Status Conference with Court: A status conference call with the Court was conducted on January 25, 2013. The parties reported that they are working on the documents required to finalize and implement the settlement. No action was taken by the Court. The next status conference call with the court is scheduled for March 21, 2013 at 1:00 p.m. Council Presentation: Town Staff is working on a comprehensive presentation of the structure of the Village (at Avon) documents along with presentation of the remaining documents which will require Council review and approval. This effort will be critical to developing an institutional knowledge of the documents related to the Village (at Avon). The scope of this presentation is expected to require additional time and the goal is to complete the presentation for the March 12, 2013 Council meeting. Water Tank Project: Traer Creek Metropolitan District has advanced sufficient funds to allow the Upper Eagle River Water Authority to continue finalizing construction drawings for the Water Storage Tank. Additional revisions to documents related to the Water Storage Tank were proposed by Traer Creek LLC and are near finalization. The Upper Eagle River Water Authority has indicated that early May, 2013 appears to be the earliest schedule that the Authority may be able to complete the Water Storage Tank bid process and be ready to close on bond financing to construct the Water Storage Tank. Amendments to the Traer Creek Metropolitan District and The Village Metropolitan District Service Plans: A public hearing and review of proposed amendments to the Traer Creek Metropolitan District and The Village Metropolitan District Service Plans was continued to February 26, 2013. Town Staff anticipates requesting an additional continuance of this public hearing to March 12, 2013. Traer Creek LLC has provided comments to the Districts and we anticipate additional revisions to the Service Plan Amendments. The Add-On Retail Sales Fee Collection Services Agreement: Traer Creek and TCMD have provided revisions to the Add-On Retail Sales Fee Collection Services Agreement which we are reviewing. We anticipate that this document will be ready to present to Council at the March 12, 2013 Council meeting. Amendments to the Mixed-Use and Commercial Declarations: We have provided proposed revisions to the Mixed-Use and Commercial Declarations regarding the Town’s right to enforce the Add-On Retail Sales Fee. We anticipate that document will be ready to present to Council at the March 12, 2013 Council meeting. Various Conveyance Documents: We are continuing to review additional revisions to the conveyance documents transferring land and assets to TOA as well as reviewing title exceptions. We anticipate that MEMORANDUM  H EIL L AW & PLANNING LLC Town Council Village (at Avon) Settlement Update February 7, 2013 Page 2 of 2 final versions of deeds with title exceptions and title insurance policies for land parcels will be ready to present to Council at the March 12, 2013 Council meeting. Receipt and Closing Escrow Agreement: Council previously approved the form of the Receipt and Closing Escrow Agreement on November 7, 2012; however, additional revisions and refinements to accurately reference all the documents required for complete settlement was acknowledged in Ord. No. 12- 10 approving this agreement along with the Annexation and Development Agreement and other documents. Other parties have provided comments and updates to the Receipt and Closing Escrow Agreement which we are reviewing. We anticipate that a final version of the Receipt and Closing Escrow Agreement will be ready to present to Council at the March 12, 2013 Council meeting. Review of Bond Documents: We do not have a definitive schedule for the production of draft bond documents by Traer Creek Metropolitan District and the Upper Eagle River Water Authority at this time although we understand that both parties have commenced bond document preparation. Once a draft set is produced, we will review to verify compliance with the Annexation and Development Agreement and present such documents to Council. Requested Action: No action by Council is requested or proposed as this time. Thank you, Eric TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: February 6, 2013 Agenda Topic: Draft Avon Vision Statement, 2013-14 Strategic Plan, 2013 Work Plan Please find attached the Draft Town of Avon Vision Statement, 2013-14 Strategic Plan and 2013 Work Plan for your review and comment. This document reflects the Vision Statement that was developed at the Council Retreat on January 14, 2013. The Draft Strategic Plan for Fiscal Years 2013-2014 implements the Vision Statement by identifying Council’s priorities for the next two years. These priorities were grouped into three tiers, by Council. The Draft 2013 Work Plan has been prepared by me, with staff input and review, to provide the specific actions required over this year to meet the Strategic Plan. I look forward to your review and amendments. The document is planned for adoption by the Council on February 26th. DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 1 DRAFT VISION STATEMENT 2013-14 STRATEGIC PLAN 2013 WORK PLAN Adopted by the Avon Town Council Resolution xxx-xx [Month] ___, 2013 DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 2 Vision Statement The Town of Avon, surrounded by natural beauty, is today a strong community that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of the community. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 3 Strategic Plan Fiscal Years 2013 - 2014 Tier 1 Priority: Fiscal Year 2013 1) Build the Business Standards and Culture of Town Hall – Ensure that Town government is operated as a “competitive” business and in a manner which is client focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. Tier 2 Priorities: Fiscal Year 2013 2) Economic Development – Ensure that the Town of Avon is prepared for new development and re- development. Evaluate Urban Renewal Authority expansion and other incentives to promote quality development of a high standard; update the Avon Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of what can and what cannot be negotiated. 3) Village at Avon Partnership – Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. Tier 2 Priorities: Fiscal Years 2013-2014 4) Special Events – Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. 5) 2015 World Alpine Championships – Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. Tier 3 Priorities: Fiscal Years 2013- 2014 6) Water Issues – Identify water issues and develop a timetable and approach for resolution over the next year or two; manage what can be done against higher priorities. 7) Transit Consolidation – Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 4 2013 Work Plan Build the Business Standards and Culture of Town Hall Tier 1 Priority: Fiscal Year 2013 Leader: Mayor Rich Carroll Staff: Town Manager Virginia Egger Ensure that Town government is managed and operated as a “competitive” business and in a manner which is client focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. 1st Quarter January – March 2013 1.1 Develop Core Values and Cultural Statement with Staff; implement with orientation session and on-going team building exercises 1.2 Determine organizational structure and staffing for Public Works, Recreation and Community Development Department prior to recruiting vacant Director positions, assessing whether the position(s) should be filled; implement decisions 1.3 Recruit and hire for Director vacancies based upon final organizational plan 1.4 Evaluate and establish IT priorities – provide a rigorous review of cost-benefit for proposed improvements and carry-out a mandate for efficiency 1.5 Finalize work plans for all departments for seasonal and 2013 budget goals, including new maintenance plans for Village at Avon improvements 1.6 Complete all Village at Avon implementing documents 2nd Quarter April – June 2013 2.1 Complete a comprehensive review of all Town departments to assess the necessity of tasks and functions, effectiveness and efficiency in meeting department responsibilities, staffing levels, and future needs; present to Town Council 2.2 Develop budget process and schedule for Council approval; evaluate developing 2 – 3 year General Fund budgets 2.3 Staff training on “competitive” business practices and fiduciary responsibility 3rd Quarter – July – September 2013 3.1 Review and update Asset and Capital Five Year Plans 3.2 Mid-year 2013 budget review and amendment, if needed 4th Quarter October – December 2013 4.1 Review and update Vision & Strategic Plan 4.2 Budget preparation, hearings and adoption 4.3 Prepare Work Plans DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 5 2013 Work Plan Economic Development Tier 2 Priority: Fiscal Year 2013 & 2014 Leaders: Economic Development Subcommittee Councilors Todd Goulding and Chris Evans Staff: Town Manager Virginia Egger, Community Development and Finance Department Staff Ensure that the Town of Avon is prepared for new development and re-development. Evaluate URA expansion and other incentives to promote quality development of a high standard; update the Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of public benefit expectations, incentives and minimum development requirements for critical project elements, such as parking. 1st Quarter January – March 2013 1.1 Develop a land development “tool box” which identifies appropriate incentives and a regulatory framework to support and partner with land developers and the building community. This will encourage the project standards and reasonable surety for developments to create and permit projects in a manner that respects the time-value of resources. 1.2 Identify with the Planning and Zoning Commission: 1) Elements of the Comprehensive Plan, and, as appropriate, area specific and service plans, such as the District Plans and Transportation Plan, which should be amended to meet the current vision of the Town; and 2) Code amendments, including “clean-up” of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated, such as the sign code. 2nd Quarter April – June 2013 2.1 Evaluate expansion of URA into other qualified areas of Avon 2.2 If URA expansion is desirable, solicit RFQ and identify budgetary needs 2.3 Host a business summit for existing businesses to listen to how the Town of Avon can support business vitality  Define and implement the Town “brand”  Evaluate the benefit of a business survey; and  Create action plan with the business community 2.4 Evaluate and select data base and revenue software/spreadsheet system to assist with statistical analysis of key metrics identification in collaboration with Avon businesses and regional economic development committees; understand the demographic characteristics of visitors to the region 2.5 Code clean-up amendments, including functional review of the regulatory process to ensure applications meet the Comprehensive Plan and land use codes and provide a review process that is substantive, not unnecessarily duplicative or unreasonably lengthy. Assess the delegation of decision-making authority to meet the Town’s client- focused and solution-oriented mandate. 2.6 Negotiate and finalize multi-year Comcast Franchise Agreement 3rd Quarter – July – September 2013 3.1 Complete URA expansion, if being pursued 3.2 Comprehensive Plan Update; determine if a Community Survey is a first step in this process 4th Quarter October – December 2013 4.1 Comprehensive Plan Update, if needed 4.2 Code sections needing update, such as sign code, to meet Comprehensive Plan update 4.3 Evaluate opportunity for a “sister city/ international city” partnership DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 6 2013 Work Plan Village at Avon Partnership Tier 2 Priority - 2013 Leaders: Traer Creek Liaison Appointees Dave Dantas and Jennie Fancher Staff: Town Manager Virginia Egger, Public Works, Parks, Community Development and Engineering Staff Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and the trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. 1st Quarter January – March 2013 1.1 Complete Settlement documents which require execution by the Town of Avon, continue to assist and advise on other document approvals, as appropriate, to complete all Settlement agreements. 1.2 Meet with Village at Avon districts to review infrastructure responsibilities and processes for design approvals; communicate maintenance plan for FY 2013 1.3 Liaison Appointees and appropriate staff will meet in a general overview session in January and March to discuss current issues and future opportunities 2nd Quarter April – June 2013 2.1 Liaison Appointees and appropriate staff will meet in a general overview session in May and June to discuss current issues and future opportunities 2.2 Assist as appropriate to complete Water Tank design and Water Authority bond issue 2.3 Identify and request, as determined, use of Traer Creek property for 2013 special events 3rd Quarter – July – September 2013 3.1 Liaison Appointees and appropriate staff will meet in a general overview session in August to discuss current issues and future opportunities 3.2 Upon completion of bond issue, Settlement document completion and escrow release, begin Village at Avon infrastructure clean-up and maintenance 3.3 Identify and request, as determined, use of Traer Creek property for 2014 & 2015 World Alpine Championships 4th Quarter October – December 2013 4.1 Liaison Appointees and appropriate staff will meet in a general overview session in October and November to discuss current issues and future opportunities DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 7 2013 Work Plan Special Events Tier 2 Priority – Fiscal Years 2013-2014 Leaders: Councilors Jake Wolf and Buz Reynolds Staff: Town Manager Virginia Egger and Parks and Recreation Staff Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. Beaver Creek Resort, with its recreational and cultural activities, is an important economic driver of the Avon economy, offering a vast array of amenities which add to the richness of the day-to-day life of Avon residents, the community and tourists. Avon will work closely to further build the relationship with Beaver Creek Resort Company and Vail Resorts that supports business brands, the tourist economy and community offerings, including but not limited meeting the transportation, security and amenity needs of a mature resort and community. 1st Quarter January – March 2013 1.1 Town Leaders and appropriate staff meet in March to: 1) Identify opportunities and tasks to increase special events for 2013; 2) Evaluate establishing a Cultural, Arts and Special Events Commission to promote and assist with the production of recreational, cultural, educational and social events 1.2 Evaluate success of Fire & Ice, including recommendation for continuation of the event or variation 2nd Quarter April – June 2013 2.1 Implement actions for Summer 2013 new Special Events, if any 2.2 Implement a process to identify, solicit, produce and to evaluate the value (spending, ROI, community interest) Special Events: the goal is to develop a strategic plan to grow Special Events next Five Years 3rd Quarter – July – September 2013 3.1 Implement actions for Fall 2013 new Special Events, if any 3.2 Draft Special Events Strategic Plan for FY 2014-15, with Cultural, Arts and Special Events Commission, if formed 4th Quarter October – December 2013 4.1 Implement actions for Winter 2013 new Special Events, if any 4.2 Budget for 2014 Special Events DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 8 2013 Work Plan 2015 World Alpine Championships – February 3 – 15, 2015 Tier 2 Priority: Fiscal Years 2013-2014 Leader: Mayor Rich Carroll and Mayor Pro Tem Staff: Town Manager Virginia Egger, Transportation, Police and Parks and Recreation Staff Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Production of stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. 1st Quarter January – March 2013 1.1 Identify Town staff participation to date and current participation activities 1.2 Meet with Vail Valley Foundation Ceil Folz to connect and commit Avon to support of the event and opportunities within Avon 1.3 Meet with representatives of Avon lodging community to discuss opportunities for 2015 2nd Quarter & 3rd Quarter – April – September 2013 2.1 Develop comprehensive action plan for special events, marketing, logistics, security, sponsorship, partnerships 2.2 Commence implementation 2.3 Evaluate value of promotional video and social media in marketing Avon 4th Quarter October – December 2013 4.1 Continue implementation of plan 4.2 Update, as needed, mall improvement plans and be fully ready for bid and construction in 2014 DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 9 2013 Work Plan Water Issues Tier 3 Priority: Fiscal Years 2013-2014 Leaders: Mayor Rich Carroll and Councilor Todd Goulding Staff: Town Manager Virginia Egger, Engineering Staff and Special Water Counsel Identify and water issues and develop a timetable and approach for resolution over the next two years; manage what can be done against higher priorities. 1st Quarter January – March 2013 1.1 Join the Upper Eagle River Water Authority in a “Water Summit” to identify all issues and develop a timetable and project approach for addressing issues on a prioritized basis. Seek to resolve all issues by November 1, 2014. 1.2 Organize water and wastewater documents and files at Town Hall; institutionalize knowledge 1.3 Evaluate water counsel role and responsibilities; execute special water counsel retention agreement 2nd Quarter April – June 2013 Water Summit Outcomes – Include schedule here prior as developed on February 5th to Council adoption of 2013 Work Plan 3rd Quarter – July – September 2013 Water Summit Outcomes – Include schedule here prior as developed on February 5th to Council adoption of 2013 Work Plan 4th Quarter October – December 2013 Water Summit Outcomes – Include schedule here prior as developed on February 5th to Council adoption of 2013 Work Plan DRAFT VISION STATEMENT – 2013-2014 STRATEGIC PLAN – 2013 WORK PLAN February 12, 2013 Pa g e 10 Transit Consolidation Tier 3 Priority – Fiscal Years 2013-2014 Leaders: Councilors Buz Reynolds and Jake Wolf Staff: Town Manager Virginia Egger, Public Works Director and Transit Division Staff Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 1st Quarter January – March 2013 1.1 Update cost estimates for vehicle storage at I-70 RTF 1.2 Update draft agreement for storage 1.3 Develop marketing plan for I-70 RTF storage and Fleet Services 1.4 Finalize use and contracting of grant funds remaining for Transit: $130,000 1.5 Finalize decision on use of $600,000 grant funds for I-70 RTF construction 1.6 Council direction on AGS participation 1.7 Throughout the year, fully participate in regional transportation and parking forums and in CDOT I-70 corridor planning 2nd Quarter April – June 2013 2.1 Finalize negotiations and lease with ECO Transit for I-70 RTF storage 2.2 Market to other potential clients for bus/vehicle storage and Fleet Services 2.3 Evaluate transit services for FY 2014 and opportunities for regional efficiencies 2.4 As appropriate, participate in Regional Collaboration efforts on transit 3rd Quarter – July – September 2013 3.1 Finalize I-70 RTF lease agreements for 100% year-round occupancy 3.2 Assess demographic characteristics of bus riders and how best to disseminate information about transit service and about the Town 4th Quarter October – December 2013 TBD Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: February 7, 2013 Agenda Topic: Council Roles and Responsibilities when serving on Boards, Commissions and Committees At the request of Mayor Rich Carroll, I have drafted for your review and comment the following guidelines for Council members when serving in an official capacity on in-house or regional Boards, Commissions and Committees. At the start of each calendar year, Council members are appointed as representatives to in- house, intergovernmental committees and authorities and as liaisons to a variety of organizations, including foundations. Roles and responsibilities can vary by the type of appointment. These draft guidelines are meant as items for discussion. It is suggested that Council; discuss, agree to and adhere to the guidelines. In-house Town Committees/Sub-committees – Convened to advise, lead and/or comment on special issues and projects, such as economic development, emergency preparedness and staff performance evaluations. Role & Responsibilities: Serve as Council representative in developing policy, which will be reviewed and acted on upon by the full Council; conduct special Council work as assigned; and gain expertise to fulfill a special governance mandate.  Defines work activities and schedules for completion  Meets deadlines for action, as established  Adheres to Ethics Code and states any conflict of interest  Reports to Council at regular meetings on activity Intergovernmental Committees and Authorities – Represents the Town Council and its adopted policies, budget and applicable plans Role & Responsibilities: Provides communication between the Town and the Committee or Authority on a continual basis, identifying important issues and opportunities for Council consideration  Receives and reviews agendas prior to meetings  Attends regular and special meetings; finding alternate when not able to attend  Represents the Town’s interests and voices Town’s opinion and vision  Adheres to Ethics Code and states any conflict of interest  Brings matters back to the full Council as needed for direction and/or action  When appointed in an official voting capacity on a board, votes representing the Town’s interest or seeks Town Council direction prior to voting  Reports to Council at regular meetings on activity Page 2 of 2 Liaisons – Represents the Town Council to build strong partnerships through two-way communication of issues and opportunities. Helps the Town be aware of events and the activities of businesses, committees or foundations in order support these interests in advancing mutual work and priorities.  Participation is limited to general membership and Council shall not serve on the board of directors of organization to which Town funding is provided  Receives and reviews agendas prior to meetings  Attends regular and special meetings; finding alternate when not able to attend  Represents the Town’s interests and voices Town’s opinion and vision  Adheres to Ethics Code and states any conflict of interest  Brings matters back to the full Council, as needed, for direction and/or action  Reports to Council at regular meetings on activity Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members CC: Virginia Egger, Town Manager FROM: Eric Heil, Town Attorney RE: Residency of Councilman Chris Evans DATE: January 28, 2013 Summary: I was asked to provide an opinion on compliance with residency qualifications for Councilperson Chris Evans. Attached is a letter stating Councilperson Evans’ temporary situation concerning an investment residence in Vail, Colorado. The Avon Home Rule Charter (“Charter”) requires Council members to be a resident of the Town of Avon in order to be eligible to hold office. The temporary relocation of Councilperson Evans’ family to Vail does not invalidate Councilperson Evans’ residency in the Town of Avon provided that Councilperson Evans maintains a residence in Avon and intends to return to Avon. Avon Home Rule Charter: Section 4.6(a) of the Avon Home Rule Charter states: “No person shall be eligible to hold office as an elected official, unless, at the time of his nomination and election he be a qualified elector as defined by the laws of the State of Colorado, a resident and qualified elector of the Town as defined by ordinance.” Section 4.6(d) requires that Councilmembers “when nominated and elected shall have resided in the Town or any territory thereafter annexed for a minimum period of one (1) year immediately proceeding [sic] said election.” Avon Municipal Code: Chapter 2.32 of the Avon Municipal Code sets forth specific definitions for determination of residency of Council Members. Section 2.32.010 Definitions defines Residency as: Residency. The residence of a person is the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his or her habitation is fixed and to which a person, whenever he or she is absent, has the present intention of returning after a departure or absence therefrom. A person shall not be considered to have lost his or her residence if he or she leaves his or her home in the Town to go out of Town merely for temporary purposes with an intention of returning. If the person moves out of Town with the intention of making it his or her permanent residence, he or she shall be considered to have lost his or her residence in the Town. Residency within the Town shall be satisfied by ownership or leasehold interest of real property and contemporaneous use of the same as the affected member's primary home or place of abode. [emphasis added] Section 2.32.060 Request for hearing provides that any Council Member may request Council to conduct a hearing to consider the residency qualification of another Council member. Section 2.32.060 Request for hearing. Any Council Member may request of the Council that it consider the residency qualifications of one (1) of its own members, including the qualification of the requesting member. If the Council determines that a legitimate issue exists as to the residency of one (1) of its members, it shall set a public hearing on the issue with at least five (5) days' advance notice to the member (herein referred to as "affected member") whose residency qualifications are to be considered. M EMORANDUM & PLANNING, LLC Avon Town Council Residency of Councilman Evans January 28, 2013 Page 2 of 2 Evidence may be presented at such hearing. Section 2.32.090 Relevant Evidence provides an extensive list of evidence which Council may consider to determine residency. This list is similar to statutory and case law concerning the determination of residence for elected officials. Colorado Law Defining Residency: §31-10-201 of the Colorado Municipal Election Code outlines the requirements for municipal electors: (1) eighteen years old, (2) be a citizen of the United States, and (3) “resided in this state for thirty days and in the municipal election precinct for thirty days immediately preceding the election at which the person offers to vote.” In Zivan v. Brook-Hitching, 28 P.3d 970 (Colo.App.2001), the residency qualifications of a newly elected Councilperson were challenged. Telluride’s Charter contained a similar provision to that found in Avon’s Charter which required residency in the town for one year immediately preceding the election. Id. at 972. Although the elected Councilperson owned a residence in Telluride, the Councilperson was residing and working in New York City during the preceding year. The Court of Appeals looked to the Colorado Municipal Election Code for clarification as to the definition of residency. Id. at 973. Citing C.R.S. §31-10-102(8.5) “‘Residence’ means the principal or primary home or place of abode of a person as set forth in section 31-10-201(3).” C.R.S. §31-10-201(3) defines residence of a person as, “The residence of a person is the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a principal or primary place of abode of a person, the following circumstances relating to such person may be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.” Id. The Court in Zivan held that in determining residency, “[o]nce a person's legal residence has been established, his or her intention to keep it becomes the central factor in determining whether it continues. If a person maintains the present intention of returning, he or she may leave his or her voting residence, for even a lengthy period, without losing it.” Id. [emphasis added], citing Gordon v. Blackburn, 618 P.2d 668, 671 (Colo.1980). Conclusion: Councilperson Evans states in his letter to the Town Council that although his family has temporarily moved into an investment property in East Vail, Councilperson Evans considers Avon his primary residence and intends to maintain his residence in Avon as his primary residence during the duration of his term as a Councilperson. Based on the definition of residency in the Chapter 2.32 of the Avon Municipal Code and considering the general law in Colorado concerning residency, it is my legal opinion that Councilperson Evans meets the residency requirement of the Avon Home Rule Charter to remain eligible to hold office as a member of the Avon Town Council. As stated in Section 2.32.060 of the Avon Municipal Code, any Council member may request the Council to conduct a hearing to consider evidence and make its own determination of residency qualifications. Proposed Action: No action is proposed at this time and no action is required. If at any time Councilperson Evans’ ownership status of his residence in Avon changes, if his intention to return to the residence in Avon changes, or if other factors relevant to determining residency change, then such information should be brought to the Council’s attention. My legal opinion does not restrict any Council member from requesting a hearing to determine residency in accordance with the procedures in the Avon Municipal Code. Thanks, Eric